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HomeMy WebLinkAbout29A - DONATION AGMTSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: AUGUST 21, 2018 TITLE: DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS (STRATEGIC PLAN NO. 5,4) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. Charitable Ventures of Orange County for the Wilshire Square Neighborhood Association's annual picnic event that occurred July 28, 2018, in a one-time donation amount of $500 (Mayor Pulido); b. Charitable Ventures of Orange County for the Wilshire Square Neighborhood Association's annual picnic event that occurred July 28, 2018, in a one-time donation amount of $500 (Mayor Pro Tem Martinez); c. Charitable Ventures of Orange County for the Eastside Neighborh000d Association's community resource fair and clean-up event that occured on August 18, 2018, in a one time donation amount of $500 (Mayor Pro Tem Martinez); Charitable Ventures of Orange County as fiscal sponsor for the Downtown Neighborhood Association for the Annual International Older Adults Health Fair that will occur October 1, 2018, in a one-time donation amount of $500 (Mayor Pro Tem Martinez); e. Orange County Communities Organized For A Responsible Development for the Citizenship Fair at the Salgado Community Center that occurred August 18, 2018, in a one-time donation amount of $1,000 (Councilmember Sarmiento); 29A-1 Donation Agreements with Organizations to Support Community Events and Programs August 21, 2018 Page 2 f. Neutral Ground for the Summer Night Lights program at EI Salvador Park for program services during the months of July and August 2018, in a one-time donation amount of $250 (Councilmember Villegas); g. Santa Ana Historical Preservation Society in support of the Santa Ana Fire Museum that displays the history of fire fighting equipment, in a one-time donation amount of $500 (Councilmember Villegas); h. Neutral Ground for the Summer Night Lights program at EI Salvador Park for program services during the months of July and August 2018, in a one-time donation amount of $1,000 (Councilmember Tinajero); i. Rainmaker Effect Inc. in support of on-going services during July 2018 for the Rainmaker Effect Leadership program at Saddleback High School that teaches students about leadership and character building skills, in a one-time donation amount of $1,500 (Councilmember Tinajero); j. Roadrunner Football Boosters in support of the Saddleback High School Varsity Football Team through July 2018 to promote health, fitness, and academics to students, in a one-time donation amount of $1,500 (Councilmember Tinajero). DISCUSSION On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non-profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in-kind funding for City Services. The donation agreements listed above are in response to the Donation Requests (Exhibits 1-10) submitted by various community organizations or neighborhood associations to the specific Councilmembers, seeking sponsorship for community events and/or programs. The Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements will be executed. 29A-2 Donation Agreements with Organizations to Support Community Events and Programs August 21, 2018 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2018-19 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2018-19: Mayor Pulido $ 500.00 Mayor Pro Tem Martinez $ 1,500.00 Councilmember Sarmiento $ 1,000.00 Councilmember Villegas $ 750.00 Councilmember Tinajero $ 4,000.00 Total $ 7,750.00 APPROV D AS TO FUNDS AND ACCOUNTS: Sergio Vidal EV (24R Assistant Director Finance and Management Services Agency Exhibit: 1-10. Donation Agreements 29A-3 29A-4 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLEVENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION 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. REcrms 2.1 Communily Benefit. The City wishes to provide Recipient with funding for the WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION TO PROMOTE UNITY, STRENGTHEN FRIENDSHIPS AND REINFORCE THE QUALITY OF LIFE AND LOVE IN THE COMMUNITY ("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 MAYOR PULIDO believes there is a public purpose in supporting the Community Benefit because it assists the WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION'S 22"' ANNUAL PICNIC AND CONCERT HELD ON JULY 28, 2018. THE EVENT WAS FREE TO THE COMMUNITY, AND KEPT THE TRADITION OF GATHERING NEIGHBORS TO CELEBRATE DINING AND MUSIC UNDER THE STARS AND RECONNECT WITH THE 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,_($500:00)'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 fiinds, 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 Acieement. 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%) NN -16 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 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 wrongfiil 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 maybe 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 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 II City Manager Attest: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney BY �� �L Lisa Storck Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: Ted Kim Chief Operating Officer Eft 17 City of Santa Ana Donation Request Name: Address: I �Q -p �G� City, State, zip: SSC A Pin, c q� Email: o l c w.a City Manager's Office - M•31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 847.5200 WSNAy .V _ 1 coqk43 ,Phone: 7/y 6 0 6 _0 Yv ,Fax: 71y Name: Tax -Exempt Status: Is your organ a ton anon -profit r public tax-exempt organization esSelect One;i defined under Section 501(c)(3) of Cie Internet Revenue Code? -Yes ❑ No lf No, you iW11 only quarify for a credit for City -related costs foryour request (i.e. permit fees. �tYesn staff time, rental rates for facilities o•equipment, etc.).Costs for City services vary and A , approved, credit may ormay not coier NO cost of requested City services. .Tax ID P. ,7[ Amount Req Credit $ Dale Need¢d: MayorlCouncilmember: 'Please Choose From the List Below ' Amount Requested: -- - 17 ._`.(-'(� Direct Payment Amount S1 $500 Event Date: 1 II PULIDO Requested: �( Event Time• Event Location: aedm54 Cft,sr,ra. zo Description of Event I Purpose: Community Benefit: Applicant Signature: n 0/00 s) (-`�ac) W) tlli�S�n re Sc�kaaerS 1—�vlvl"ct( 5`uII,0V4Q-r Pi CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE -VENTURES, OF ORANGE COUNTY FISCAL SPONSOR FOR WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION 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 Community Benefit. The City wishes to provide Recipient with funding for the WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION TO PROMOTE UNITY, STRENGTHEN FRIENDSHIPS AND REINFORCE THE QUALITY OF LIFE AND LOVE IN THE COMMUNITY ("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 MAYOR PRO TEM MARTINEZ believes there is a public purpose in supporting the Community Benefit because it assists the WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION'S 22"d ANNUAL PICNIC AND CONCERT HELD ON JULY 28, 2018. THE EVENT WAS FREE TO THE COMMUNITY, AND KEPT THE TRADITION OF GATHERING NEIGHBORS TO CELEBRATE DINING AND MUSIC UNDER THE STARS AND RECONNECT WITH THE 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 CONDMONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of FIVE HUNDRED DOLLARS ($500.00); 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 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%) 1r;1 -M11 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 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 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 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 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 E29AZ J 0 have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA X Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: Lisa Storc c Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION an Ted Kim Chief Operating Officer NAA Name: f), Vy J c urQ� t ;Title: Address: ' �� B (�C� Q;�y:`,, w..�-,�/s City of Santa Ana City Manager's Office - M-31 20 Civic Email: �/° CL- n O, C.0 �r-" ( C vv�Ct Donation Request Donation Center Plaza P.O. Box 1988 �1y' T;` Name: FBb iTax-EW I .I� h rC e care Santa Ana, CA 92702 defined uncle Status: Is your or of the Int a noneven r public tax-exempt organization as defined under section 501(e)(3) of the Intemai Revenue Code? select One: lI��1 I XIYes ❑ No Lf� (714) 647-5200 Name: f), Vy J c urQ� t ;Title: Address: ' �� B (�C� Co e,A CL7 --c City, State, ZIP: SQ w /1 �'� C7�1t� J / ;Phone: 7� Y 6 (..6 _b/ Vo Email: �/° CL- n O, C.0 �r-" ( C vv�Ct Fax: 7�� f.. -Y � -b 4�_ Name: FBb iTax-EW I .I� h rC e care defined uncle Status: Is your or of the Int a noneven r public tax-exempt organization as defined under section 501(e)(3) of the Intemai Revenue Code? select One: lI��1 I XIYes ❑ No Lf� If No. you will only qualify for acredit for City -related costs foryourrequest(i.e.permit fees, staff time, rental rates forfacilitfes o, equipment, etc.).Cests for Cityservices vary andif approved, credit may not cover full cost requested City If Yes, Tax ID #: Q , ormey of services. CltyServices Credit Amount Requested: Direct Payment Amount Requested: Event Location: Address, C* State. Lp Description of Event/ Purpose: Community Benefit: Applicant Signature: s Date Needed: i �MayorlCouncilmember: Please Choose From the List Below 5' $500 Event Date: c)rl�� Event Timm j MARTINEZ 1 ' ff )9W i 1 vr'tp('SC-L�c(<iu.S 0� IC -OSS � VLtaSSB�I c��Y6�E'k 19) _ �/ Ahnwa( SULr1LrrQ{ ��CllrC g �o�,cPr-� �`� o,I�VlarSG (,IL`c cl SQL moi.. �9-r `{_C.2 �-1-EtrS '�rpcu.,he c`i�^r� IM Ci '�a: �i-�ivC Q.Lc(Fo., ^QQ� t 1L-3,4 C -C! C`l "1S/1,1tu1N'KC n, S�ro''i� u`r"4 1_sre'Ljs6,rps ¢ LoOti'r co ut Lit u col \ .Date: Mall: City Managers Office- M31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Donation Request,' . Elkhl((y f71«at: C;ty Cion.; qcr Slgnafu re: r)R - YE5 t NI) YES Email: donationrequest@santa-ana.org i Fax: (714) 547.9954 Conned Mc -ung LUC: Apprn, _,d Amount: flat• August 21, 2018 $500 Revised 82512015 l DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR EASTSIDE NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF- ORANGE - COUNTY FISCAL SPONSOR FOR EASTSIDE NEIGHBORHOOD ASSOCIATION 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 Community Benefit. The City wishes to provide Recipient with funding for EASTSIDE NEIGHBORHOOD ASSOCIATION IN CONDUCTING A COMMUNITY CLEAN UP EVENT TO PROMOTE CIVIC ENGAGEMENT AND COLLABORATION. ("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 MAYOR PRO TEM MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it assists the EASTSIDE NEIGHBORHOOD ASSOCIATION WITH A COMMUNITY CLEAN UP EVENT HELD ON AUGUST 18, 2018, TO PROVIDE INFORMATION ON CITY PROGRAMS AND RESOURCES THAT WILL HELP AND STRENGTHEN PARTNERSHIPS WITHIN THE 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 ($500.00), 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 Term; 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%) � per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or tennination 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 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 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 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 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 In Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR EASTSIDE NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION M Ted Kim Chief Operating Officer City of Santa Ana Donation Request City Manager's Office — M-31 20 Civic Center Plaza P.O. Box 1188 Santa Ana, CA 92702 (7f4) 647-5200 Name: Sake Diaz Flue: Neighborhood Leader address: 207 S Orange St Apt #201 pity, State, zip; Santa Ana, CA 92701 1714785-1681 -" lEmall: sel d O.Com Fax: ............. ...... . ..... .... ... Olrqanliation-lnforrrlation- Paritable Ventures OC I Eastside neighborhood association u ,defined nder Section 501(r)(3) of the Internal Revenue Code? Select One: Yes [:] No If No, you will only qualify for a credit for CY"Isted costs foryourrBiluest go. Perm# fam Waff time, rental miss for facilities or equipment, etc.). Costs for 011y services vaiy and If If Yes �;provsd, credit may ormay not cover full cost of requested Co services. 6x ID' #: 120-8756660 ......... . . .... . - ... . ...... Services . Credit mayoicouncilmem er Marenez Needs r ��lCity ount Requested: Pate ant Amount 500.00 vent Data: lEve August 18,201 Event Time: am - 1:00 Pm JE R.equested: lEvent Lace c f: Pacific -Electric Park and Bike Trail !Address, City, State, Zip . ......... . .... Eastside NA will be holding a community clean up day and walking activity [There Deecrlpfion of will be 11 booths along the bike bell with Infoirnation on city services and programs. Event I Purpose, People who participate will be given a map to got stamped at each of the booths and then turn In for a chance to win prizes. clean up and get Informed on city programs and services. Community Benefit: (Community jApplicant I lure Dale! 1.6/22L201 Re'dirn dbmp le te d f0im Mall: CltyManager's Offlea—M-31 15m,11: donationraquest@santa-anmorg 20 Civic Center Pima Fax; (714) 647-6954 P.O. 13" 1988 Santa Ana, CA 92702 Revised 01105/2017 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR THE DOWNTOWN NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR THE DOWNTOWN NEIGHBORHOOD ASSOCIATION a California 501(e)(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 Community Benefit. The City wishes to provide Recipient with funding to assist recipient IN HOSTING THE 3RD ANNUAL INTERNATIONAL OLDER ADULT HEALTH FAIR TO PROVIDE RESOURCES TO SENIORS ON OCTOBER 1, 2018 AT BIRCH PARK AND THE SANTA ANA SENIOR CENTER ("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 MAYOR PRO TEM MARTINEZ believes there is a public purpose in supporting the Community Benefit because it will PROVIDE HEALTH RESOURCES TO SENIOR RESIDENTS ALONG WITH PERFORMANCES BY THE ATTENDEES AND PRONIOTING THE DIVERSITY AND CULTURE FOUND WITHIN OUR CITY. 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 _($506.00), 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 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%) 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 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 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 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 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. ExMSA-18 CITY OF SANTA ANA 0 Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By:&!AQ,'k. V'u-- Laura A. Rossini Senior Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR THE DOWNTOWN NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: Tish Leon President 47=1, ♦'"'?` City Manager's Office — M-31 �- a Cit of Santa Ana `—'���—" ,a� y 20 Civic Center Plaza (I� Donation Request P.O. Box 1988 't . — Santa Ana, CA 92702 _- (714) 647.5200 — Name: TISh Leon ile: Prasidenl of Downtown Neighborhood Association serosa: 700 W. 3rd. St A208 Icier, State, ata, zip- Santa Ana, CA 92701 Phone: 71.4-401-8312 iEmai� l: lety.leonl951@gmail.com Fax: Address, City, State, Zip Name: (Charitable Ventures of Orange County (fiscal sponsor for Downtown Neighborhood Association) Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as i defined under Section 501(cX3) of the Internal Revenue Code? Select One: Yes No If No, you will only quarify for a credit for City -related costs for yourrequest (i.e. permil fees, i If Yes, ❑ ❑ stafftime, rental rates for facilites or equipment,etc.).Costs for City services vary and if 20 8756660 i approved, credit may or may not cover full cost of requested City services. ax to #: Return Completed form vias, Mail: City Manager's Office—M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 city Services Cred—Date Needed: iAmouIt Requested: 9/1/ZMa or/Coin ncllmemberi I y Martinez r�r�— iDlrect Pam ant Amour�$ 5OO Event Date: 1 0/112 0 1 8 Event Time: l 0-2 — Approved Amount: --i 5500 -- - Event Location: Birch Park/SA Senior Center Address, City, State, Zip 424 W. 3rd. Sl 92701 3rd Annual International Older Adults Health Fair Description of To celebrate the diversity & culture of the Seniors in SA, the seniors will be the performers and participants. Event I Purpose: Both Seniors centers will participate and all senior apartments will receive flyer's to participate There will be booths with resources for the seniors, plus a health fair that will provide services for all in Community Benefit: attendance. There will be food trucks that will provide lunch for $5 for each senior. Funds are needed to help with meals, and other essentials to put on the event. Applicant Signature: �+ -. 7": /moi- Leen,. Date. 7�6�2018,;� F _.,. Return Completed form vias, Mail: City Manager's Office—M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Revised 01105/2017 ExZYA-20 Donation Request#: Reference ll on all relafed DPVs DR - _— _ ouncg Cil Meeting Date: Au gust 21. 2018 Eligibility Met: .-_.-- YES I NO YES - - — Approved Amount: --i 5500 -- - City Manager Signature: --- - - - Date: Revised 01105/2017 ExZYA-20 CITY OF SANTA ANA DONATION AGREEMENT WITH ORANGE COUNTY COMMUNITIES ORGANIZED FOR A RESPONSIBLE DEVELOPMENT 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and—ORANGE=-COUNTY COMMUNITIES ORGANIZED FOR A -RESPONSIBLE DEVELOPMENT. 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. REcrms 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient IN HOSTING A CITIZENSHIP FAIR TO EDUCATE RESIDENTS ON HOW TO SAITELY APPLY FOR CITIZENSHIP AND PROVIDE RESOURCES TO LEGAL PERMANENT RESIDENTS ON AUGUST 18, 2018 AT THE SALGADO COMMUNITY CENTER IN SANTA ANA ("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 WILL PROVIDE THE COMMUNITY WITH ONE-ON-ONE ASSISTANCE WITH THE CITIZENSHIP APPLICATION (N-400), LEGAL ADVICE ON THE NATURALIZATION PROCESS, FEE WAIVER ASSISTANCE, AND RESOURCES TO ASSIST LEGAL PERMANENT RESIDENTS WITH CITIZENSHIP. 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 CONDTIIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of ONE THOUSAND DOLLARS .($1;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 fimds 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 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%) 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 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 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 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 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 City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney ! �J By: Lisa Storck Assistant City Attorney ORANGE COUNTY COMMUNITIES ORGANIZED FOR A RESPONSIBLE DEVELOPMENT, a 501(c)(3) NON- PROFIT ORGANIZATION In Shakeel Syed Chief Executive Officer Fi City of Santa Ana �! Donation Request City Manager's Office - M-21 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 .Name: Andres F. Rivera Title: lCitizenstilp Program Coordinator address: 13252 Garden Grove Blvd Suite 204 city, state. zip: !Garden Grove, CA, 92843 Phone:X714.621-0919 ext. 10 - - -- - mail: arivera@occord.or9 pas: (Name: Orange County Communities Organized for a Responsible Development (OCCORD) Tax -Exempt Status: Is yourorganization a non-profit crpublic to Zempt organization as' ---- - — Garden Grove --- defined under Section 501(c)(3) of the Internal Revenue Code? (Select One: I a Yes ❑ No 1 0, you will only qualify ora Credit(or Cdy-refafed casts lbryourmquesf(.e. permit fees, ----- - -- staN 0me, rental rates for facilities or equipment, otc.).Colds for City services vary and N Oproved, credit mayor maynof cover full cost of requested City services Taro0: X143-2092827 City eCredit ' -. __ _—__— j- -_ E Dale Needed: 108/18/2018 1aa 1Sarmie Amount Requested: I I � Iy orlCounctimember. nto Direct Payment Amount Event Date: A'Event event Time: I7AM - 5PM Requested: ($11000 rSalgado Community Center :Event Location: laddarsa, City, state, 210 I 706 N Newhope St, Santa Ana, CA 92703 ; j In partnership with the City of Santa Ana and the Salgado Community Center, OCCORD will be hosting a Gee citizenship Description of fair to provide one-on-one assistance. Including: citizenship application assistance (N-000), legal advise on the Event/Purpose: naturalization process, fee waiver assistance, citizenship courses and educational material, and additional information on (Know, Your Rights, DACA, and family preparedness. I This event will serve as an opportunity to educate Santa Ana residents on how to apply safety for Icitizenship. Community Benefit: Additionally, this event will bring stakeholders together to provide direct assistance land resources to assist legal permanent residents with the citizenship application process. (Applicant signature: - - - — pate: 104/05/2018 . , ,..ew Mail: City Manager's Office —M31 iEmail: donationmquesl@sanla-ana.org 20 Civic Center Plus I Fax: (714) 647.6954 1 P.O. Box 1986 Santa Ane, CA 92702 Donation Request #: DR ,., .% Council Meeting Date: August 21, 2018 Eligibility Met: YES INO YES Approved Amount: $1,000 City Manager Signature: Date: Revised 01105/2017 29A-24 CITY OF SANTA ANA DONATION AGREEMENT WITH NATIS HOUSE dba NEUTRAL GROUND 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and NATIS HOUSE dba NEUTRAL GROUND 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 Community Benefit. The City wishes to provide Recipient with funding for ON- GOING SERVICES PROVIDED TO SANTA ANA YOUTH AND FAMILIES TO HELP OVERCOME LIFE CHALLENGES, LEARN WORK SKILLS, AND COMPLETING EDUCATIONAL OPPORTUNITIES ("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 COUNCILMEM 3ER VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it assists NEUTRAL GROUND TO COVER PROGRAM COSTS AND PROVIDE SANTA ANA YOUTH AND FAMILIES IN NEED OF MEDIATION AND INTERVENTION SERVICES THROUGH JULY AND AUGUST 2018. 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 TWO HUNDRED AND FIFTY DOLLARS ($250),'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 fall 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%) 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 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 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 maybe 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 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 0 Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: c_ /1kzTLCJ( , Lisa Storck Assistant.City Attorney NATIS HOUSE dba NEUTRAL GROUND, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Nati Alvarado Title: Executive Director City Manager's Office - M-31 fro City of Santa Ana 20 Civic Center Plaza Request P.O. Box 1988 Donation Re t q Santa Ana, CA 92702 - (714) 647.5200 ,NamesNatividad Alvarado um: Executive Director iddrcss: 1920 E. 17th Suite 202 P city, State, zip: Santa Ana, Calif, 92705 iPhone, 714-267-7747 Email, — nati@ngservices.org Fax: Name: I Natis House DBA Neutral Ground Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as efined under Section 501(c)(3) of the Internal Revenue Code? Select One: Yes ❑ No o, you nill only qualify fora credit for City-relafed costs for your request (i. e. pefmil fees,rayx�15 �Eroved, l time, rental ratesforfacilities or equipment,etc.). Costs for City services vary and it 45-4041042 credit may or may not cover full cost of requested City services. 0. �Donation Request City Services Credit Date Needed: 07-15-1$ MayorlCouncllmembor: Villegas mount Requested: ID'roe'Pay( mentAmount �v 2 Event Date: JUIYBrAUg vent 7-10pm IRequestetl: I Event Location: W.Civic Center - r. ants na, Ca—I,If90270 Address, City, State, Zip ummer Night Lights Description of licJi5 VU30 - �ru.riLus med;<. ->^ c...r} „�}cry e(. }-:.,.[ .s erv�u.s }. sankr+ -f(v- Event i Purpose: P -C, 14. Fkl n..[1• F"'..%;..+ ,^ ..-.[-d, �L-.U.-V•-+.-- +..a sP...sJ(s�.:� 0'1 an amifes Community Benefit: Fot C>�.. rv. �..=+..1 I. cr. e4iFc fa.-. N�fif 1UJi.. sw;uls a..d �,. (c.,- b, [J,,l-5 1Z{.., c1. nIL.-3cr,lsv�1%[ Applicant Slgnatdre:. ... - Date - a7-�Ci ib :. Mail: City Manager's Office -M-31 Email: donationrequest@santaana.org 20 Civic Center Plaza pax; (714) 847-6854 P.O. Box 1988 Santa Ana, CA 92702 Donation Ruquert #: OR - nofnrnnre N 0110N.rnl.d nPVe Council Meeting Date: Eligibility Mut: YES 11J0 Approved Amount: C Iy.rArmagur Signature: j Date: Revised 01/052017 s iW.T..7y—Fail CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA HISTORICAL PRESERVATION SOCIETY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA HISTORICAL PRESERVATION- .SOCIETY 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. E V_ 2.1 Community Benefit. The City wishes to provide Recipient with funding to PROVIDE SUPPORT TO THE SANTA ANA FIRE MUSEUM IN ORDER TO PROVIDE A FIRST HAND EDUCATIONAL EXPIERENCE REGARDING THE DEVELOPMENT OF EQUIPMENT OVER THE YEARS AS MODERN FRE EQUIPMENT IS PLACED SIDE BY SIDE TO VINTAGE PIECES. ("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 VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it supports the SANTA ANA FIRE MUSEUM WHICH IS OPEN TO THE COMMUNITY AND SERVES AS AN EDUCATION SITE FOR SANTA ANA STUDENTS, PROVIDES HISTORICAL PRESERVATION FOR THE CITY, AND SHOWCASES COMMUNITY PRIDE AS THE ONLY WORKING FIRE STATION THAT ALSO SERVES AS A MUSEUM TO THE PUBLIC IN THE AREA. 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 funds, Recipient agrees to use the funds only for the purpose described and subject to the terns 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 ApXeement. 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%) OT 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 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 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 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 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 Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: k -WAS ac Laura A. Rossini Senior Assistant City Attorney SANTA ANA HISTORICAL PRESERVATION SOCIETY, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Signature Title: Signature EA r , City Manager's Office — M-31 ... City of Santa Ana 20 Civic Center Plaza IFL' Donation Request P.O. Box 1988 v-_ Santa Ana, CA 92702 -- (714) 647-5200 Name: Alan Lawson tlo: Assoc Director ddreas: 120 W. Civic Center aty, state, zip: I Santa Ana, CA 92701 Phone: 714-334-1354 mail: miramarl274@att.net Fax: -- Name: jSanta Ana Historical Preservation Society Tex -Exempt Status: is your organization a non-pro0l or public tax-exempt organization as Brined under Section 601(cX3) of the Internal Revenue Code? Select One: Yes ❑ No !/No, you will only quality for a credit for City -related costs for your request (i.e. pennll lees, (aff proved, sandal rates for /ay not orequipment, cost of requeste for City se services vary and l! approved, credit may an may not cover lull cost of requested City services. 11 Yea, ax lD q: 23-7407248 City Serdces Credit Dale Needed: �,MayorlCou� nellrnerrrber; Yllas a Dunt Requested: '3 IDir ecl Pa�ytnentAmount 500 Event Date: £vent Timl j� iRequsstotl: .00 I Event Location: 120 W. Walnut Add w, city, were, zw Santa Ana, CA Santa Ana Fire Museum - open to the community, a educational fleldtrip for many Description of Event I Purpose: students in Santa Ana, historical preservation for the City, and showcase of community pride. This is the only working fire station that has a museum I A unique setting with [Commanity8onefit: active modern equipment and vintage pieces side by side. ((/] Applicant Signature: I /,p (%.; �1 Date July 17, 2018 �'t•lr'y�. Vv���LGG� .. •if@ • it Mall: City Managers Office—M-31 Email: donaUonmquest@santa•ana.org 20 Civic Center Plaza Fax: (714)647-6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request 9: DR • T AU ust 21, 2018 _ nalvrenae a an o6related Dpys Council Mewling Dnte: )j Eligibility Met: YES/NO YES _ _ Approved Amount: $500 City Manager Signature: Dale: Revised 0110512017 r16at.r CITY OF SANTA ANA DONATION AGREEMENT WITH NATIS HOUDE dba NEUTRAL GROUND 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and NATIS HOUSE dba NEUTRAL GROUND 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 Community Benefit. The City wishes to provide Recipient with funding for ON- GOING SERVICES PROVIDED TO SANTA ANA YOUTH AND FAMILIES TO HELP OVERCOME LIFE CHALLENGES, LEARN WORK SIGLLS, AND COMPLETING EDUCATIONAL OPPORTUNITIES ("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 TINAJERO; believes there is a public purpose in supporting the Community Benefit because it assists NEUTRAL GROUND TO COVER PROGRAM COSTS AND PROVIDE SANTA ANA YOUTH AND FAMILIES IN NEED OF MEDIATION AND INTERVENTION SERVICES THROUGH JULY AND AUGUST 2018. 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 ONE THOUSAND DOLLARS ($1,000), 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 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 Tern: Termination of Agreement. This Agreement shall take effect on the date fust 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%) 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 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 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 maybe 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 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 Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: G� Lisa Storck Assistant City Attorney NATIS HOUSE dba NEUTRAL GROUND, a 501(c)(3) NON-PROFIT ORGANIZATION go Nati Alvarado Executive Director City of Santa Ana Donation Request City Manager's Office— M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 address: Icily, s— para, zip: Santa Ana, Calif, 92705 Suite 202 Phona: 714-267-7747 i �Emal� I: — nati@ngsenrices.org F—F ------------ ---- --- - ------ Fa --- — ---- - —--.� IName: INati's House DBA Neutral Ground Tax -Exempt Status: Is your organization anon -profit or public lax -exempt organization as elect One: defined under Section 50l(c)(3) of the Internal Revenue Code? FZ Yes ❑ No If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, staff time, rental rates for facilities or equipment etc.).Costs for City services vary and if If Yes' 45-4041042 approved, credit may or may not cover full cost of requested City services. ax ID 0: City Services Credit mount Requested: Direct Payment Amount Requested: Event Location: Address, City, State. Ztp Description of Event Purpose: Community Benefit: Applicant Signature: Needed: 107-20-2018 1,000 (Event Date: 107 -through -08 (Event Time: 7:00pm-10:00prn Nniiz I -Iv :�- Il.ovic4r truc4:�ti.•• n„o� ;,.tu vG�ri�-. s..rv:mr fu 5.....+�, h,..� s/o+�r nrd iar,-i 1. c� i rhe.. d•.-1',�+- f7...+cls F,�,., tri. S�a..S�rsn:� wLL rl. }uVrrda .,�-✓�u,�� ),V /)I-- C -St II S<": LLS E..N�gh ��IK Lal (l �u 4,05,4r 1,s t Mail: City Manager's Office—M-31 i 20 Civic Center Plaza P.O. Box'1988. Santa Ana, CA 92702 i .. ate:. 07-18-2018 . Email: donationrequest@santa-ena.org Fax: (714) 647-6964 r. o r Donation Re4uest #: Rerrre_nne qoi, au relaretl OPVr OR' ' - Council Meeting Date: Eligibility Met: YES / NO Approved Amount: •city Managor,S(gnatlirei - - Date: — ----_i Revised 0110 5/2 01 7 CITY OF SANTA ANA DONATION AGREEMENT WITH RAINMAKER EFFECT, INC. 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and RAINMAKER EFFECT, INC. 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 Community Benefit. The City wishes to provide Recipient with funding to PROVIDE SUPPORT TO THE RAINMAKER EFFECT LEADERSHIP PROGRAM AT SADDLEBACK HIGH SCHOOL FOR THE FOURTH CONSECUTIVE YEAR IN ORDER TO ASSIST STUDENTS WITH LEADERSHIP SKILLS AND CHARACTER BUILDING (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 P=ose. The City, by recommendation of COUNCILMEMBER TINAJERO, believes there is a public purpose in supporting the Community Benefit because it assists the RAINMAKER EFFECT, INC. TO PROVIDE MENTORING OPPORTUNITIES FOR STUDENTS THROUGH ITS LEADERSHIP PROGRAM THROUGH JULY 2018. 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 ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00), 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 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%) 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 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 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 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 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 Lm Raul Godinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney BY: & L 00— Lisa Storck Assistant City Attorney RAINMAKER EFFECT, INC., a 501(c)(3) NON-PROFIT ORGANIZATION am John Herpy President "-�' Manager's Office – M-31 City City of Santa Ana20 Civic Center Plaza �� Donation Request P.O. Box 1989 ..�;�=�_. Santa Ana, CA 92702 __ (714) 647-5200 Contact , Information Name: John Herpy Title: President ddress: 24 Via Bella, Suite 43 iCiry sstate, zip: I Rancho Mirage, CA 92270 Phone: 1562.221.7145 mail: john.herpy@RainmakerEffect.Org Fax: • •. Noma: Rainmaker Effect, Inc. Tax-Exempt Status: Is your organization a non-profit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? Yes No Select One: I ❑ II No, you will only qualify lora credit for City-related costs for your request (i.e. permit fees, staff time, rental ratesforlacililles orequipment etc.).Costs for City services vary andif credit mayormaynot coverfull cost of requested City services. If Yes, axlD [47-4654535 lapproved, ACity Servic( es Credit Dale' Needed: QUI 2018 mount Requested: P—I Ma orlCoul ncilmember: Tina ero y I i Direct Payment Amount I— 81500.00 Event Date: JUIy 2018 Time: Various Requested: (Event Event Location: Saddleback High School, 2802 South Flower St, Santa Ana, CA 92707 Address, City, State. Zip ription of FE,,n Rainmaker Effect Leadership program (Reaching Outwards for Outrageous t)Purpose. Team Results - ROOTS) (� Providing program support for fourth consecutive year of high school student (8th through 12th grade) leadership and character building at Community Benefit: Saddleback High School. Program continues to foster and grow memory both Inside the school and outside including on campus stag, outside adult volunteers, and graduated SHS seniors that have participated in the program and have returned to support the ROOTS program. Applicant Signature; ' )Date. Q7/10/2018 �) Mail: City Managers Office–M-31 Email: donatlonmquest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donaton Request DR. �— � i J Council Meeting I 0 Date: Au9us121, 2018 Eligibility Met: YES I NO YES Approved Amount: 51,500 City Mona gor Signature: Date: Revised 0110512017 MR140 CITY OF SANTA ANA DONATION AGREEMENT WITH ROADRUNNER FOOTBALL BOOSTERS 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and ROADRUNNER FOOTBALL B OSTERS-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 Community Benefit. The City wishes to provide Recipient with funding to PROVIDE SUPPORT OF ON-GOING SEVICES TO SADDLEBACK HIGH SCHOOL'S VARSITY FOOTBALL TEAM WHICH PROMOTE HEALTH, FTTNESS, AND ACADEMIC SUCCESS ("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 TINAJERO, . believes there is a public purpose in supporting the Community Benefit because it assists the ROADRUNNER FOOTBALL BOOSTERS IN SUPPORT OF THE SADDLEBACK HIGH SCHOOL FOOTBALL TEAM IN ORDER TO ENCOURAGE STUDENTS TO STAY HEALTHY, ACTIVE, AND ACHIEVE ACADEMIC SUCCESS THROUGH JULY 2018. 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 ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500:00), 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 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%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. t, J 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 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 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 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 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 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 Attest: LE Raul Godinez II City Manager Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney ROADRUNNRE FOOTBALL BOOSTERS, a 501(c)(3) NON-PROFIT ORGANIZATION By: John Herpy President e:�,' City Manager's Office–M-31 r ri City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 u;.� _� Santa Ana, CA 92702 —" (714) 647.5200 Contacts 'Name e: John Herpy itt'r a President ddress: 24 Via Bella, Suite 1000 IClty, stale, zip: Rancho Mirage, CA 92270 Phone: 1562.221.7145 lEmal�l: �jherpy@ix.netcom.com Fax: F r r. Name: Roadrunner Football Boosters Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Selr ect One: defined under Section 601(c)(3) of the Internal Revenue Code? I [—Z Yes ❑ No If No, you will only qualify lora credit for City -related costs ror yourrequest (i.e. permit fees,laff If Yes, rental rates rmaynotsovequipment,freq este for City services vary and if �14 37 090546 credit may ormaynotcover lull cost of requested City services. ax lD#: Iapprelme, (approved, =ti•ry Request f City Services Credit I� Pmount Requested: $ Date Needed: July 2018Mayor/Councilmember. Tinajero Direct Payment Amount ,815 0 Event Date: 2018 [July Ever nt Time: Various Requested: i Event Location: Saddleback High School, 2802 South Flower St, Santa Ana, CA 92707 Address, City, State, Zip Description of Saddleback High School Varsity Football Team support. Event / Purpose: PROVIDING SUPPORT FOR ON-GOING SERVICES TO THE SADDLEBACK HIGH Community Benefit: (SCHOOL FOOTBALL TEAM, WHICH PROMOTES HEALTH, FITNESS, AND ACADEMICS. Applicant Signature: '.'Dat Q]��Q�2018� Mall: City Manager's Office–M-31 .Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647.6964 P.O. Box 1988 Santa Ana, CA 92702 Donation Donation Requestel peneast #: doPVs - DR - Council MeetingDate: I August 21, 2018 9 Eligibility Met: YES I NO Yss I Approved Amount: 51,500 City Manager Signature: Date: Revised 01/0512017 ExYXO44