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Home My WebLink AboutSANTA ANA PUBLIC SCHOOLS FOUNDATIONI 11L 11 201A N.2018-138-10 (P� CITY OF SANTA ANA 0'. CMO 00 DONATION AGREEMENT WITII SANTA ANA PUBLIC SCHOOLS FOUNDATION Julie Gastro -Cardenas 1. PARTIES AND DATE This Donation Agreement ("ApTeement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA PUBLIC SCHOOLS FOUNDATION (FISCAL SPONSOR FOR SAUSD EXPLORERS) a California 501(c)(3) NON- PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECITALS 2.1 Communitv Benefit. The City wishes to provide Recipient with funding for ON- GOING SERVICES THROUGH JUNE 30, 2018 FOR THE SANTA ANA UNIFIED SCHOOL DISTRICT EXPLORERS WHO PROVIDE COMMUNITY SERVICE ASSISTANTS THROUGHOUT THE CITY FOR VARIOUS EVENTS AND ORGANIZATIONS. THE SAUSD EXPLOERS PROGRAM ALSO PROMOTES CAREER PATHWAYS IN LAW ENFORCEMENT FOR YOUTH IN SANTA ANA ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions tinder which the City will provide funding. 2.2 Public- P rpose. The City, by recommendation of COUNCILMEMBER Pose. VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it PROMOTES CAREER READINESS, ENCOURAGES HIGHER EDUCATION, AND PROVIDES COMMUNITY SAFETY THROUGH THE SERVICE PROVIDED WITH THE SAUSD EXPLORERS PROGRAM. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TE101S AND CONDITIONS 3,1 Use of Funds. The Cirty.has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In executing this Ag -cement and receiving (lie funds, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this AgrcerncntShould Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below, 3,2 Term; Ternimation of Anrugl ernt. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds, The City has the right to terminate this Agreement upon one day's notice, with or without cause, Should the City terminate this Agreement, it -,hall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) EXHIBIT 11 per anmmai, 'Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obli at[ ions. For purposes of the City's protection, if the City determines that the funds will be used for a purpose which may cause a significant risk of injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be on-going and may be implemented by the City at any time, and all insurance and waiver/release forms shall be provided on forms, in amounts and with provisions acceptable to City, 3,4 No Oversiglmt by City. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Community Benefit or any activities conducted by the Recipient, 3.5 Indemnification, Recipient understands, acknowledges and agrees that Recipient shall assune all risks associated with the Community Benefit, including, but not limited to, the possibility of death or serious trauma or injury. To this end, therefore, Recipient shall defend, indemnify and hold City and its officials, officers, employees, agents and volunteers free and harmless from and against any and fill claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any and all acts, omissions, willful misconduct or other activities of the Recipient or its officials, officers, employees, agents, guests, participants attendees, and contractors, including the performance of the Community Benefit or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. The only exception to the Recipient's obligations hereunder shall be for claims, demands, causes of action, costs, expenses, 'liabilities, losses, damages or injuries caused by the sole negligence, sole willful misconduct or sole active negligence of the City. Recipient shall defend, at Recipient's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the City, its officials, officers, employees, agents, or volunteers. Recipient shall pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforeing the indemnity herein provided. Recipient's obligation to indemnify shall not be restricted or limited by insurance proceeds, if any, received by the City, its officials, officers, employers, agents or volunteers. The indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.6 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter ]nercof, and supersedes all prior negotiations, understandings or agreements. The terns and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both parties. 3.7 Authority to Enter Anept. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the EXHIBIT 11 N-2018-138-10 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA By: Rau CodinO City Manager Attest: ByC"L�&� Maria D. Huizar 0 Clerk of the Council Apj>roved as to Form. Sonia R. Carvalho City Attorney By: __ - A hn M. funk Assistant City Attorney SANTA ANA PUBLIC SCHOOLS FOUNDATION (FISCAL SPONSOR FOR SAUSD EXPLORERS), a 501(c)(3) NON-PROFIT ORGANIZATION By: Name: EXHIBIT 11 City of Santa Ana Donaborr 12edte€`Si 20 f, w C,1 f w Ptgz,l P.G. eu. 198F Name: Janelle McLoughlin ! Santa Ana Public Schools Foundation Tido: CHIEF FINANCIAL OFFICER Address: 1601 East Chestnut Avenue city, state. z.p: Santa Ana, CA 92701-6322 Email: janellemclaughlinc@gntail.com Phone: 714-349-2722 FAX:. a , t too, All 11a Name. SANTA ANA PUBLIC SCHOOLS FOUNDATION T"x Exempt Status: Is your organi2at,on a non•pmfa or pu0c tax�extonlpt o*ganixeR pan as Select one: oetinOd under Section SOI is (3) of the Incemai Raveruw Ccoe? Yoa Na ff No, you wft anfyquality la. a Motif Pm cayvoalcd co t3 fiv your ragvast (ra. porm7t Fags It Yes staff r+m,t roctat rates for faG Q cs, or ept000 fent. eic,) Costa for Oty s4Nrtps'very arta it approvod,. cored+t may or may nat cover tun cast of regousled C+ty services. Tax Ip #: f % 0 ^'i l is e City Services Credit S .Data Needed: MayorfCouncilraemhec• W!e9as Amount Raquasted. Direct Paydment Amount s5OO,OO Event Date: On-going Event Time: On -Going .Event Location: Santa .Ana School Police - 1601 E. Chestnut Avenue, Santa Ana, CA 92701 aawress C•r' ,, various sites throughout the City of Santa Ana Description at SANTA ANA UNIFIED SCHOOL. DISTRICT EXPLORES PROGRAM Post 490 is Event l Purpose: designed to build character, leadership skills, establish an appreciation for community service and build good citizen habits. The program is a career -oriented program to provide young individuals to explore firsthand a career in law enforcement. Community Benefit: Youth and community will benefit in this program in a variety of ways with a practical sell , and insifJtl/%,` to laf of rceznent while providing co I lutlayy servicetoresidents. Applicant signature: f. -^'t14 7%'/rf�. .Date' Mail: City Manager's otfice-M-31 Email: danalianrequestjdsanta•ana.arq 20 Civic: Center Plaza Fax: t714j 647.6984 P.O. Bax 1988 Santa Ana. CA 92762 lune 19, 2019 YES.- $500 Hc^+,sad r'+-05 2.017 EXHIBIT 11