Loading...
HomeMy WebLinkAboutKIDWORKS COMMUNITY DEVELOPMENT CORPORATIONN-2018-138-13 p; CMO (aL) CITY OF SANTA ANA Julie Castro-Cardenas DONATION AGREEMENT WITH KIDWORKS COMMUNITY DEVELOPMENT CORPORATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and KIP RKS,�ICOMMUNITY DEVELOPMENT CORPORATION a California 501(e)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in dais Agreement. 2. RECITALS 2.1 Community Benefit, The City wishes to provide Recipient with funding for the ANNUAL COMMUNITY RESOURCE FAIR PUT ON BY THE TOWNSEND RAITT AND MYRTLE ST. TASK FORCE, A COLLABORATION WITH LOCAL SCHOOLS, CHURCHES, PROPERTY OWNERS, AND NON-PROFIT ORGANIZATIONS THAT PROMOTE SAFETY, QUALITY OF LIFE, AND INCREASED ACCESS TO COMMUNITY RESOURCES. ("Community Benefit'). The 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 HOSTED ITS ANNUAL COMMUNITY RESOURCE FAIR EVENT ON MAY 12, 2018. THE EVENT ENTITLED, 14 BUILDING BRIDGES OF UNITY", WAS FREE TO THE COMMUNI'T'Y AND THE GOAL WAS TO INCREASE AWARENESS AND ACCESS TO HEALTH RELATED SERVICES AND TO STRENGTHEN THE LOCAL 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. TERMS AND CONDITIONS 3.1 Use of Funds. The City 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 Agreement and receiving the fiends, 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 Tenn; Termination of Agreement. 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 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%) EXHIBIT 14 per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement, 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 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 traurna or injury. To this end, therefore, Recipient shall defend, indemnify and bold 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 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, sold 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 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. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Authorit to Enter A cement. 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 14 N-2018-138-13 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement hind each respective Party. CITY OF SANTA ANA, By: Raul Godinez II City Manager Attest: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: Laura A. Rossini Senior Assistant City Attorney KIDWORKS COMMUNITY DEVELOPMENT CORPORATION, a 501(c)(3) NON-PROFIT ORGANIZATION EXHIBIT 14 t� * City of Santa Ana ' Donation Request a w e 'Name: ___--!Frank Bejarana lddresa: 11902 W. Chestnut Ave. ',city, state, zip, ISanta Ana, CA, 82703 Phone: Email: Ifrank@kidworksoa.org IF= Name: (KidWorks Community Development Corp. ionization a non-pmtn or of Oro internal Revenue + City Manager's Offloo — M-31 20 Civic Center Plaza P.O. Box 1088 Santa Ana, CA 02702 ('714) 847.5200 ami Family Engagamcnt as palect One: Q Yes❑ No if No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, I I istafftime, rental rates for facilities or equipment, etc.). Coats for City services vary and ff It Yea, x%4_3081569 approved, credit may or may not cover full cost of requested City services. Rax ID #: Services Credit untRequested: Needed: Direct Payment Amount ---.`._ _.— Regtaeatad. ;$500 IEventData: May 12, 2018 IEventTima i10:00AM-2:00PM !Event Location: !Address, City, State, Zip (Description of 'Event l Purpose: !Community Benefit: "Applicant Signature:.._.... 850 W. Willits St. Santa Ana, CA 82703 Cwnwo`MN,N �u�EY Fl.[9rcenpMPOS Murtygmro+tW,ttY4MC0wImNMNowfM.,NN!nnaW n.WM'm,an9alWkxbM Mail: City Manager's Office—M-31 I Email donationrequest@santo-ana.org 20 Civic Cantor Plaza Fax: (714) 847.8954 ' P.O. Box 1988 Santa Ana, CA 92702 Donation RequestDig. Council Nigerian ©ate:........ !2e?2r�,cs g e+n afSaat&¢rstf UPVS .. Eligibility Met: YES !Na Approved Amount: City Manager Signature: Revised 0 1/0 512 01 7 EXHIBIT 14