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Home My WebLink AboutCHARITABLE VENTURES OF ORANGE COUNTY (18)O: CMO 1. MU; N-2018-272-03 �) CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR EASTSIDE NEIGHBORHOOD ASSOCIATION PARTIES AND DATE This isonation 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 ASSOCIt1TION 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 (;65001.00), 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 Rinds, 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 fiends pursuant to Section 3.2 below. 3.2 Term; Termination, of Ageemeist. 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 tenninate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) Exhibit 3 per annum, Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreernem. 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 maybe 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 Exhibit 3 have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Parry. CITY OF SANTA ANA By: Raul Godinez ll City Manager Attest: By Maria D. Hnizar 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 By: V ` Ted Kim Chief Operating Officer Exhibit 3 Name:Charitable Ventures OC i Eastside neighborhood association Tax`Exampt Status: Is yew organization a non-profit or public tax•exampt Organization as )select One:� defined under section $01(c)(3) of the Internal Revenue lode? LL_. If No, you will only quality for a credit for CIcosts- ' y (y`nt, trod foryouyre services (I.e. permit foes, 1"- �® staff time, rental rates for facll/ties or equipment, etc.). Costs for City aerVfoes very and If 1tf Yes, approved, oredttmayor may not cover fullcost ofrequestedCity services, Tax ID #; i . I I..... ..... ............ . ICItysarviceaCir adIt Amount Requested: ._..,... .,._. ......._.... ...............,. ..,...... ,. x Pate Needed IMayarlCaunoilmemGar: Martinez i; City of Santa Ana City Manager's office—M•31 20 Civic Center Plaza Octad on Request F.O. Box 1088 Santa And, CA 92702 N-2018-172-03 (714) 6474200 Name:Charitable Ventures OC i Eastside neighborhood association Tax`Exampt Status: Is yew organization a non-profit or public tax•exampt Organization as )select One:� defined under section $01(c)(3) of the Internal Revenue lode? LL_. If No, you will only quality for a credit for CIcosts- ' y (y`nt, trod foryouyre services (I.e. permit foes, 1"- �® staff time, rental rates for facll/ties or equipment, etc.). Costs for City aerVfoes very and If 1tf Yes, approved, oredttmayor may not cover fullcost ofrequestedCity services, Tax ID #; i . I I..... ..... ............ . ICItysarviceaCir adIt Amount Requested: ._..,... .,._. ......._.... ...............,. ..,...... ,. x Pate Needed IMayarlCaunoilmemGar: Martinez �Raqu� Payment Amavunt ( � �.dO 16vant Data: (August 18, 201 Event`rlma:... .- .. ._ ( :QO �('1'r -..'� :(,�Q pip 1Evont Location _ .................__. .. _ ._... .. I Pacific -Electric Park and Bike Trail �Addrose, City, state, zip .............i ........... ..... „ ..... ... Eastskle NA will be vity a community clean up and tcity Descriptions of willb booths along the bike tmill with Inforng m tin onserking vices and programs. Event I Purpose: 011 People who participate will be given a ma to of stomped at each of the booths and then turn I in for a chance to win prizes. Community Benefit: Community clean LIP and get informed on city programs and services, i I IApplicant Signatura i _ i I. ILroafa 10/22/2018 ... Offiice -.M-31_ .... . ............._ .,.__. Mail: City20 a %ail: ana.cr tiion g Center Plaza 9uest@santa �714) P.O. Box 1088 I Santa Ana, CA 02702 Revised 01106/2017 Exhibit 3