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Home My WebLink AboutCHARITABLE VENTURES OF ORANGE COUNTY (16)A, IiA 43 2018 N-2018-138-01 CITY OF SANTA ANA O: CMO (ba DONATION AGREEMENT WITH Julie Castro -Cardenas CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR MEMORIAL PARK NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreemont") is entered into on JUNE 1.9, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF ORANGE. ,COUNTY FISCAL SPONSOR FOR MEMORIAL PARK. NEIGHBORHOOD ASSOCIATION a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient arc sometimes individually referred to as "Party" and collectively Its "Parties" in this Agreement. 2. RECITALS 2.1 Community Benefit The City wishes to provide Recipient with funding for the SCHEDULING OF FREE EVENTS, ACTIVITIES AND INFORMATIONAL SESSIONS AT MEMORIAL PARK TO BENEFIT THE RESIDENTS AND BUSINESSES OF THE MEMORIAL PARK NEIGHBORHOOD ASSOCIATION TO HELP INFORM, LEARN HOW TO BE ENGAGED WITH TIIE CITY, AND STRENGTHEN PARTNERSHIPS. ("Conimunity Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 2.2 P,l„t lit ,Lrpgse. The City, by recommendation of COUNCILMEMBER SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it assists the MEMORIAL PARK" NEIGHBORHOOD ASSOCIATION TO CONDUCT MULTIPLE COMMUNITY EVENTS AND ACTIVITIES THROUGH JUNE 30, 2018 TO PROMOTE ENGAGEMENT AND COLLABORATION. The foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Ronefit, , 3. TERMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of ONE THOUSAND THREE HUNDRED EIGHTY-THREE DOLLARS AND NINETEEN CENTS (51;38119); because the City his 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 Agt ement. 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 EXHIBIT 2 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 (100/.) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waiyors, insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fiords 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.S jndernWication. 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 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 wad 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 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 ContracYModification, 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, exfniaiT 2 N-2018-138-01 3.7 Authority to Enter Agreement. 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 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 Godinez I1 City Manager Attest., Maria D. Ruizar � Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: C1. 7 1 Nc 4:t rt. Laura A. Rossini Senior Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR MEMORIAL PARK NEIGHBORROOD ASSOCIATION, a 301(c)(3) NON-PROFIT ORGANIZATION By. II/ Signature Narnc: Ted Karn Title: Chief Operating Officer EXHIBIT 2 3.7 Authority to Enter Agreement. 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 individuals who have signed this Agreement have the legal power, tight and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA Attest: M Raul Qodinez II City Manager Maria D. Huizar Clerk of the Council Approved as to Forin: Sonia R. Carvalho City Attorney Laura A. Rossini Senior Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR MEMORIAL PARK NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: 0 Signature Name: Ted Kim Title: Chief Operating Officer EXHIBIT 2 Name: It Charitable Ventures of (hangs County for Memorial Park Neighborhood Association Eii of the Interpol will only quality for o Gackt lor Odd-nifated costs for your request (i: e. {)emrit fees, rental rates for facifibes of equilerritinf, etc.). Costs far Ctty sen7cas very and if Credit may or nary nor Cover AN cyst ofrequestad City services. Services Credit late Needed: unt Requested: a Paytnent Amcunt� r..,.».».,..., 1s 1,383.19 1Event Date: elect ® Yes I one: i No aaxe10 ilk i 751 _fi O Sarmiento 30, 2018 lventTime: ITBD Location: I Memorial Park 2102 S. Flower Street, Santa Ana, CA 92707 City, State, ZIP Memorial Park Neighborhood Association hosts a variety of events, activities, and informational loeeedption of , sessions for residents and businesses. The Neighborhood will be scheduling several ( veno Purpose l events for the community through June 30, 2018. 4 The community will benefit from the various events by becoming Informed, learning how Community Benefit, ) {to be civic ally engaged, enhances community pride, and strengthens relationships, (ApaileantSignature: t?nuf, canto 'pate:6%11/1$ Mail: City Manager's Office -M-31 20 Civic Center Plaza P,o. sox 4968 Santa Ana, CA 92792 anetton friegvast #: DIY Eligibility Mot: FS i NtJ YES ._ .. City ....,.. i -_._ .. _ ,.. flriait's nager t3lgnature I _ i donationrequsatQialanta-ans.org (714)047-6864 Cot€ndl Nievtingi C ,4E JUNE 19, 2018 ,� j NCprov .d nntaunt 31,36319 :��--- Z Revised 01105=17 City of Santa Ana me a20 Civic Canter Plan otaric7$lOt± Request P:, Box 1990 Santa Ana, CA 92702 (794) 647.6270 vama:W RautRamos 9 pMm M w � M #rine, m µFPresident 4ddrasa: ('1505 E. 17th Street Suite 101 itr state, zip: Santa Ana, GA 92705nane:T ._, 714 651 6178 Name: It Charitable Ventures of (hangs County for Memorial Park Neighborhood Association Eii of the Interpol will only quality for o Gackt lor Odd-nifated costs for your request (i: e. {)emrit fees, rental rates for facifibes of equilerritinf, etc.). Costs far Ctty sen7cas very and if Credit may or nary nor Cover AN cyst ofrequestad City services. Services Credit late Needed: unt Requested: a Paytnent Amcunt� r..,.».».,..., 1s 1,383.19 1Event Date: elect ® Yes I one: i No aaxe10 ilk i 751 _fi O Sarmiento 30, 2018 lventTime: ITBD Location: I Memorial Park 2102 S. Flower Street, Santa Ana, CA 92707 City, State, ZIP Memorial Park Neighborhood Association hosts a variety of events, activities, and informational loeeedption of , sessions for residents and businesses. The Neighborhood will be scheduling several ( veno Purpose l events for the community through June 30, 2018. 4 The community will benefit from the various events by becoming Informed, learning how Community Benefit, ) {to be civic ally engaged, enhances community pride, and strengthens relationships, (ApaileantSignature: t?nuf, canto 'pate:6%11/1$ Mail: City Manager's Office -M-31 20 Civic Center Plaza P,o. sox 4968 Santa Ana, CA 92792 anetton friegvast #: DIY Eligibility Mot: FS i NtJ YES ._ .. City ....,.. i -_._ .. _ ,.. flriait's nager t3lgnature I _ i donationrequsatQialanta-ans.org (714)047-6864 Cot€ndl Nievtingi C ,4E JUNE 19, 2018 ,� j NCprov .d nntaunt 31,36319 :��--- Z Revised 01105=17