HomeMy WebLinkAboutCHARITABLE VENTURES OF ORANGE COUNTY (29)N-2018-138-05
O: CMO (Z CITY OF SANTA ANA
Julie Castro -Cardenas DONATION AGREEMENT WITH
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on JUNE 1% 2018, by and between
the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF
ORANGE COUNTY FISCAL SPONSOR FOR SANTA ANITA NEIGHBORHOOD
ASSOCIATION a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City
and Recipient are sometimes individually reforred to as "Party" and collectively as "Parties" in this
Agreement,
2. RECITALS
21 Catnntunity Benefit. The City wishes to provide Recipient with funding far AN
EVENT HELD AT THE COMMUNITY CENTER THAT NVILL BENEFIT THE SANTA
ANITA NEIGHBORHOOD ASSOCIATION TO ENGAGE CHILDREN AND FAMILIES
AND THROUGH THE USE OF THE COMMUNITY CENTER, PROMOTE COMMUNITY
PRIDE AND ENGAGE WITH THEIR NEIGHORS ("Community Benefit"). The Parties wish to
enter into this Agreement to establish the terries and conditions under which the City will provide
funding.
2.2- Public Purpose. The City, by recommendation of COUNCILMEMBER $OLORIO,
believes there is a public purpose in supporting the Community Benefit for the SAN'T'A ANITA
NEIGHBORHOOD ASSOCIATION TO HOLD AN EVENT ON JUNE 15, 2018, TO
CELEBRATE THE INSTALLATION OF NEW EQUIPMENT FOR THE
NEIGHBORHOOD TO ENJOY AT THE COMMUNITY CIENTER. 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. TERMS AND Costlrt'IoNS
3,1 1Jse _ofFunds. The City has chosen to provide Recipient with a one-time payment of
ONE THOUSAND DOLLARS (251;000), because the City has determined that there is a public
purpose to be served in supporting the Community Benefit. In executing this Agreement and
receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to
the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for
such purpose or otherwise comply fully with the teens 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 Tetra• Termination of AfqegMent. This Agreement shall take effect on the date first
above written find 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 shall also have the right to demand the immediate return of all funds
EXHIBIT 6
provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%)
per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall
survive any expiration or termination of this Agreement,
3.3 Waivers Insurance oI-Qther Cbli¢ationc. 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 Oversight 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 assume 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 sball defend,
indemnify and hold City and its officials, officers, employees, agents and volunteers free and
harmless from and against any and all 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 die Recipient or its officials, officers, employees, agents, guests, participants attendees, and
contractors, including the performance of the Community Benefit or this Agreement, including
without Ifmitation the payinent 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 ofthe 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,
employces, 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 enforcing 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 Con tract/Modification, This Agreement contains fire entire agreement of the
Parties with respect to the subject mutter hereof, and supersedes till prior negotiations,
understandings or agreements. The terms and conditions of this Agreement may be altered, modified
or amended only by written agreement signed by both Parties,
33 Authority to Enter Apreenient. The person executing below on behalf of Recipient
represents and warrants that the Recipient has all requisite power and authority to conduct its
EXIiI@IT 6
N-2018-138-05
business and to execute, deliver and perform this Agreement. Each Party warrants that the
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
r
By.
Raul Godinez 11
City Manager
a11eSt: hr -
i
By
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: � o aI i b. rLk l S
Laura A. Rossini
Senior Assistant City Attorney
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION,
a 501(c)(3) NON-PROFIT ORGANIZATION
By:
Signature
Name: Ted Dior
Title: Chief Operating Officer
EXHIBIT 6
business and to execute, deliver and perform this Agreement. Each Party warrants that the
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:
Raul Qodinez II
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
Laura A. Rossini
Senior Assistant City Attorney
CHARITABLE VENTURES OF ORANGE COUNT'
FISCAL SPONSOR FOR SANTA ANITA NEIL"
a 501(c)(3) NON-PROFIT ORGANIZATION
By:y
Signature
Narne: Ted Kim
Title: Chief Operating Officer
EXHIBIT 6
X9
' City of Santa Ana
Donation Request
City Managars e _ M -W
20 Civic ContarPiaza
P.O. Box 1985
Sande Ana, CA 92702
(714) 647--5200
*liana: f llpeGuerrero
- Mail Donation Check to
;Address: 1204-N. Susan St. Charitable Ventures of Change
_:._.___ ....... _._.__ ... _,. County. _
city, state, zip. ,Santa Ana, Calif. 9703 Pttora {714-566-5513
1505 E. 17th Street Suite 101,_
;=matt Igodfnano@aol.com Santa Ana, CA 92709
*erne: Santa Anita Neighborhood Association Fiscal sponsor is Charitable Ventures of 01
176x -Exempt StaN18; t4.yaW organtzetlon a non-rrefil or public tax-exempt organization as
defined raider Rection 6alicX3) of ft internal Revenue Code? select D�: W Yea El No
If No, you wN only, quaW fora MW fix-Crty-+ Wedcone rorpWretluest 0,0.penn3t fees.
i Mew, remalnatas rorfaditlas or equipment etcj.Costs for My seMces vary andX if Yes, i
approved, credit mer ormay not cover A& cost of requested Cry servkes. Tax]D#: j �C`L '1�'V
AnoentR t"
oamxawixi: {,Punt*8,2018 Mayonic imr. sdodo
Direct Payment Amount
$1,000 Evontpate: ,June 15, 2818 Evont'fime:
112:00prn-5:00pfn
fisted;
EventLocation:
`300 Figueroa st. San( Ani, Calif. 92703
'Addnrw W eta. Zia
The Santa Anita fieigItborhand Association will b6 hosting a small event on June 15th Eo
Dowdption a1
celebrate the new TV and DVO player that will be installed in the canter for the
lEventIPurpose;.
;community to use.
Community will benefit from the event, an opportunity to engage children and families
conuaunttyBeealis=
'.. to use the center more ofteri, promote cotrtmumity pride, and get to know other
i neighbors.
;Applicant Signature: ,pate: June 6t2018
20 cfivtc Center Plaza For t7141847.6954 i
P.O. Box 1966
sante Arta, CA 82762
Utsnaf[en Ftaquext ll: FSE C^ uncia Meeting Rate: JUri2 192fi lip
,
Eligibility (Asir: YE47PnC1 E-Ec Ap(a*vad Amount
City Nanagur S43nntua: _ rate:
Revised 0170.5#2617
EXHIBIT 6