HomeMy WebLinkAboutHERITAGE MUSEUM OF ORANGE COUNTY (5)N-2018-186
OCT 2018
(, CITY OF SANTA ANA
O: CMO () DONATION AGREEMENT WITH
HERITAGE MUSEUM OF ORANGE COUNTY
1. PAPTIES AND DATE
This Donation Agreement ("Agreement") is entered into on SEPTEMBER 18, 2018, by
and between the City of Santa Ana, a municipal corporation ("City") and HERITAGE
MUSEUM OF ..ORANGE,:. :COUNTY 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 Communis Beneiit. The City wishes to provide Recipient with funding for THE
DLA DE LOS MUERTOS AND GHOSTS OF OC TRICK OR TREAT EVENT ON
OCTOBER 26, 2018,. A FREE EVENT FOR THE COMMUNITY, THAT WILL
INCLUDE A SUGAR SKULL MAKING WORKSHOP FOR YOUTH & FAMILIES
("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
SOLORIO, believes there is a public purpose in supporting the Community Benefit because it
assists WITH PROMOTING FAMILY FRIENDLY ACTIVITIES, CULTURAL
AWARENESS, AND PROVIDES A POSITIVE COMMUNITY ENGAGEMENT
OPPORTUNITY, 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 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.
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N-2018-186
3.3 Waivers..Insurance or Other Obliastions. 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 Ovepsi t 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 EnterAgmement. 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
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N-2018-186
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:
aul Godinez lI '
City Manager
Attest:
By: (-�� ..
aria D. Huizar
,Klerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
M.Funk
Assistant City Attorney
HERITAGE MUSEUM OF ORANGE COUNTY,
a 501(c)(3) NON-PROFIT ORGANIZATION
By:
Kevin Ca era
Executive Director
City Manager's Office- M•91
City of Santa Ana 20 Civic Center Plaza
Donation Request 1 u�a4ia'° P.o. Box 1968
N-2018-186 Santa Ana, GA 92702
__ (714) 647.5200
!Name: Bevin Cabrera ITitlet !EXEC. Director
�ddress: 3101 W Harvard St
pity, state, zip; (Santa Ana, Ca. 92704 'Phone: 714-733-0709
malt: kcabrera@heritagemuseumoc.org Pax
Name: I Heritage Museum of Orange County
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as elect One: /
feflned under Section 501(c)(3) of the Internal Revenue Code? Y Yea No
If No,ou will only y qualliy for a credit kr City-relafod calfs for your request ft e. permit fees, f--"`"""
staff time, rental rates for facilities or equipment, etc.). Costs for City services very and if Ifi 01
195_3665050
approved, credit may or Wray not cover full cost of requested City services (Tax ID d: {i v
i
W• • -
. rr--
Clfy Bervlces Gredlt�$ oriCouncilmember:
`ilDate Needed: 1(aCtOber l� l
MaySolorio
Amount Requested:
Direct Payment Amount
Requostsd; 1s 500 IEventDate: (QCtober26 IEventTimo: �, pm - 9 pm
Event t.ocatlon;'Heritage Museum of OC
Address, City, state, Zip ( 3101 W Harvard St, Santa Ana, CA. 92704
_ .._.__.. _._......__. I Sugar skull class showing youth how to make and decorate sugar skulls as part
F0a1t I Purpription le . of Dia de Los Muertos, and Ghosts of OC Trick or Treat on the museum property.
4These event will be free to the community and we will be inviting SAUSD schools
Community Bsnefit:
to participate.
I
Applicant 6ignatum... !Date I t71 Z'�h I t
j 1
Mail: City Manager's Office -M-31 Email: donationrequest@santa•ane.org
20 Civic Center Plaza j Fax: (714) 647.6954
P.O. Box 1980
Santa Ana, CA 92702
Donation Request #: DR - Council Meeting Data:
Eligibility Met: YES 1 NO Approved Amount;
i
City Manager signature: CfaEo:
Revised 01/05/2017
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