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Home My WebLink AboutSANTA ANA UNIDOS BOXING CLUB 6N-2018-185-01 CV OCT ' 9 2018 CITY OF SANTA ANA O: CMO (/) DONATION AGREEMENT WITH SANTA ANA UNIDOS BOXING CLUB 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on SEPTEMBER 4, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA UNIDOS BOXING CLUB, 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 assist Recipient in HOSTING THE ROSES IN THE CONCRETE EDUCATION AND ARTS FESTIVAL THAT OCCURRED AUGUST 25, 2018 THAT WAS OPEN TO 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 PgMose. The City, by recommendation of COUNCILMEMBER SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it PROMOTED POSITIVE COMMUNITY EVENTS FOR YOUTH TO DISPLAY AND PERFORM ART, MUSIC, AND POETRY IN ORDER TO PROVIDE AN ALTERNATIVE OUTLET FOR YOUNG PEOPLE. The foregoing is a genera( 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 -fame 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 Tem Termination of Ag.ement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's ball 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. EXHIBIT2 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. 3A 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 willfi>l 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. EXHIBIT 2 N-2018-185-01 CITY OF SANTA ANA By:�� Raul Godinez City Manager Attest.- By: ttest:By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: M. Funk ssistant City Attorney SANTA ANA UNIDOS BOXING CLUB, a 501(c)(3) NON-PROFIT ORGANIZATION By: 9_&4 tarn le 6t�utoa��e� 77 athan Hernandez Executive Director & Founder EXHIBIT 2 City of Santa Ana t % Donation Request INam®: JoTiflattlan R. Hernandez �ddrees: I1714 Raitt St -- -- �Ity, state, zip: Santa Ana, CA, 82761 _ Email; santanaunidos@gmail.com Name: ; Santa Ana Unidos ,Title: _ jPNone: Fax: City Manager's Office - M-31 20 Civic Center Plaza P.O, Box 1988 Santa Ana, CA 92702 (714) 647.5200 657.261-1653 Tax-Exemp4 Status: Is your organization a non-profit or public tax-exempt organlza-tion as iSelect One: ieffned under Section 501(c)(3) of the Inlemal Revenue Code? ® Yes If No, you will only qualify for a credit for City -related costs for your request (l, e. permit fees,llf Yea, ttaB time, rental rates for facilities or equipment, etc.). Costs for City services vary and If ! 147-5211563 approved, credit may or may not cover full cost of requested City services. Tax ID M i Credit Date Needed: 108-25-2018 Sarmiento I®heal Fayrrrent Amount i$-500 Event Date: 108-25-2018 Event Time: - 111:00 AM - 4:30 PM Requested: , ;Event Location:120 W. 5th St, Santa Ana. CA. 92701 - laddress, City, state. zip --- - - - �,`�`he -Roses In Concrete -Education & Arts festival is br ngIng together music ans, .. Description of students, educators and community to celebrate youth in power. Event/ Purpose: l ,'This event directly challenges negative sterotypes that hinder youth from thriving ;Community Benefit: lwithin our city. Youth are able to perform art, music and poetry amongst some of II,! their favorite and most influential artists. Applicant Signature: C% ` Dasal 08 06-2018 ., form via., Mail: City Manager's Office - M-31 Email: donationrequest@eanta-ana.org I 20 Civic Center Plaza Fax: (714) 847.8954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request M DR - Council Meeting Date: Eligibility Met: VES I NO YDS Approved Amount: :6i A7 City Manager Signature: Revised 01/05/2017