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Home My WebLink AboutORANGE COUNTY CHILDREN’S THERAPEUTIC ARTS CENTER (2)►ft 17 2M N-2018-138-03 r-�y> CITY OF SANTA ANA O: CMO (0e) DONATION AGREEMENT WITH Julie Castro-CardenasORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2028, by and between the City of Santa Ana, a municipal corporation ("City") and ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER a California 50I(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Patties" in this Agreement. 21 RECITALS 2.1 ComtniinityBenefit. The City wishes to provide Recipient with funding for THE OCCTAC DIGITAL ARTS SUMMER CAMP EVENT ON JUNE IS, 2018 THAT WILL TEACH YOUTH TECHNOLOGY SKILLS, ARTS, AND LEADERSHIP TRAINING. ("Community Benefit"), Tine Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding, 2.2 Public Purpose, The City, by recommendation of COUNCILMEMBER SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it PROVIDES AN EDUCATIONAL OPPORTUNITY FOR SANTA ANA YOUTH TO ACQUIRE NEW SKILLS, EXPLORE DIFFERENT CAREER OPTIONS, AND BECOME ADVOCATES FOR THEIR COMMUNITY. 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. TERNIS AND CONDITIONS 3.1 Use of Funds. Tile City has chosen to provide Recipient with a one-time payment of ONE THOUSAND DOLLARS ($1,001), 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 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: Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through 'Recipient's frill 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 tenninate this Agreement, it shall 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°!i} per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT A 3.3 Waivers, Insurance or Other Obligations. 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 waiverlrelease 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 lire 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 shall 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 ane! 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 anyjudgment, 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 shrill 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 Contract/Modification, This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. "rhe terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties, 3.7 Authoritv to Enter Agreement. 'rhe 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 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. EXHIBIT 4 N-2018-138-03 CITY OF SANTA ANA By: Raul Godinc7 City Maul , ger Attest: By: PW Maria 'D. Huizar 11119 Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: rt1r14_ b6hn M. Funk Assistant City Attorney ORANGE, COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER, a 501(c)(3) NON-PROFIT ORGANIZATION By: signatw V Name: Dr. Ana Jimenez Hami Title: Executive Director EXHIBIT City managers Office— M -3f City of Santa Ana 20 Civic Center Plaza Donation Request P.O. sox 1908 Santa Ana, CA 0702 (7f4) 047-0200 P—dress-F221 � North Broadway FE F M1, UPI Name: jorange County Children's Therapeutic Arts Center Imc, oomil onlyoaffly for a credit for CV-ralatad oasis foryourrequest (is, peandlt tees, stegbado, rands, rates for facilities or equipment, oto.), Costs for City services wn 33-0930891 approved, credit may ormay not coverfull cost of nequested City sandoes. F(orect Po $1,000 lave I Is fRquostod: 1 Evont Location: 2215 North Broadway, Santa Ana, CA 92706 OCCTAC Digital Art% Summer Carap, will toach youth with and wilhou I spectal needs basic technology skills (graphic desdon, FE11:3101 video & photography), sets and Inclusive leendership bralrdnij to youth with and tvilhout disabilities from local Santa Ano middle ifloptito, Inpon - and high schools. The funds will be used to provide sachuohips to studantsNamiles to attend the camp at no charge, Students will learn same great now skft that they can radilzo for their future careers and education; and also be Inspired to become informed advocates and rate models in their community while providing Uradructlon In occupational graphic design, [Community Sonaflu 1 and visual ads skills. Masi Impatiently, students villi be of their accouipNihnnonts and their parents too. photography proud /!:2% 'A Dalot piplicant Signature! '[d6ne 6, 2018 ET Mail City Manager's Office - M41 Em 112 20 Civic center Plaza Fax: (714) 647-6054 Santa Ana, CA 92702 Donation Request DR� Council Manlius Druel JUNE 19, 20 18 Pity Manager Signature: Date: Revised 01/0612017 ex*mrr4