HomeMy WebLinkAbout29A - AGMTS DONATIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 18, 2018
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
El
DONATION AGREEMENTS WITH ❑
11
VARIOUS ORGANIZATIONS TO ❑
SUPPORT COMMUNITY EVENTS AND ❑❑
PROGRAMS
{STRATEGIC PLAN NO. 5,41
Cl]yMANAGER
1:7x91•1IT, IT, 1:1011Ill
7e«iC•7�1
As Recommended
As Amended
Ordinance on 1s' Reading
Ordinance on 2n' 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:
Charitable Ventures of Orange County in support of the Wilshire Square Neighborhood
Association's annual holiday parade, open to the community, that occurred December 2,
2018, in a one-time donation amount of $1,000 (Mayor Pulido);
Santa Ana Athletic Foundation in support of the Orange County's Grappling program that
supports free wrestling instruction and tutoring for students K-12, in a one-time donation
amount of $1,000 (Former Mayor Pro Tem Martinez);
Charitable Ventures of Orange County in support of the Artesia Pilar Neighborhood
Association's annual holiday celebration, open to the community, that occurred December
10, 2018, in a one-time donation amount of $250 (Councilmember Solorio);
4. Santa Ana College Foundation in the President's Circle that provides students with
success initiatives and academic support, in a one-time donation amount of $1,000
(Former Councilmember Benavides);
Charitable Ventures of Orange County in support of the Artesia Pilar Neighborhood
Association's annual holiday celebration, open to the community, that occurred December
10, 2018, in a one-time donation amount of $500 (Mayor Pro Tem Villegas);
Charitable Ventures of Orange County in support of the Santa Anita Neighborhood
Association's annual holiday celebration, open to the community, that occurred December
10, 2018, in a one-time donation amount of $150 (Mayor Pro Tem Villegas);
29A-1
Donation Agreements with Organizations to
Support Community Events and Programs
December 18, 2018
Page 2
7. Second Chance Orange County in support of on-going program costs that provide
workforce and life skills services to highly at risk youth, homeless individuals, and people
with substance abuse issues, in a one-time donation amount of $500 (Mayor Pro Tem
Villegas).
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 resolution indicates that during election year, each Councilmember may seen no more than
half of the allocated amount prior to December 31 st. Remaining funds, with a minimum of $5,000,
will be available for the newly elected officials beginning January 1st. The donation requests
included in this staff report were received and approved prior to December 11, 2018, as indicated
in the exhibits.
The donation agreements listed above are in response to the Donation Requests (Exhibits 1-7)
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.
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 $ 1,000.00
Former Mayor Pro Tem Martinez $ 1,000.00
Councilmember Solorio $ 250.00
Former Councilmember Benavides $ 1,000.00
Mayor Pro Tem Villegas $ 1,150.00
Total $ 4400.00
29A-1
Donation Agreements with Organizations to
Support Community Events and Programs
December 18, 2018
Page 3
APPROVED AS TO FUNDS AND ACCOUNTS
IKI &&WWI<:)
Kathryn Downs PA
Executive Director
Finance and Management Services Agency
Exhibits: 1-7. 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
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on DECEMBER 18, 2018, by and
between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE: VENTURES
OF - ORANGE COUNTY FISCAL SPONSOR FOR THE 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 HOST ITS ANNUAL
HOLIDAY PARADE ON DECEMBR 2, 2018, WHICH WAS FREE AND 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 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 IN HOSTING THE ANNUAL HOLIDAY
PARADE THAT PROMOTES COMMUNITY PRIDE AND UNITY. 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 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.
EXHIBIT 1
29A-5
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.
EXHIBIT 1
29A-6
lot WC132MIZ10 "4z"4
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:
J M. Funk
Assistant City Attorney
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR WILSHIRE SQUARE NEIGHBORHOOD ASSOCIATION,
a 501(c)(3) NON-PROFIT ORGANIZATION
Um
Ted Kim
Chief Operating Officer
EXHIBIT I
29A-7
City of Santa Ana
I; Donation Request
;t
Name: I --- -_
Address: '
City, State, Zip:
— ---- \7 bX, -
Email:
(Phone' 7
Fax:
Name: I 1 I ` J
-- l -I t- S In t �--� rh G( rP _ - N lcc-�-l4_IloLlc{ j
Tax-Exempt Status: Is your organization a non -profs or, ublic tax-exempt organizatidn as ;Select One:
defined under Section 501(c)(3) of the Internal Revenue ede7
If No. you will only qualiyfor acredtfor City -related costs foryourrequest(i.e.permitfees , r —
staNlime, rental rates for facilities or equipment,etc.). Costs for City services vaty andif if Yes,
approved, credit may or may not cover full cost of requested City services`Tax ID 11%
city Services Credit I I
Amount Requested: 11�t1-�t�} ;Date Needed: `h
'Direct Payment Amount I
Requested:IS$.1,000Event Date:
'Event Location /�
I tti,, i / S
Address, City, State, Zip � ( Q
1166 v1-
:Description of
'Event/ Purpose:
iCommunity Benent:
;Applicant Signature:
WI(St,
tt0� 5 '4—Gi
City Manager's Office - M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647-5200
Yes ❑ No
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Even
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wy managers unite -NI -31i Email: donationrequestisantaaa.
norg
20 Civic Center Plaza
P.O. Box 1988 I Fax: (714) 8475984
Santa Ana, CA 92702
Donation Request #: I DR-
Eligibility
R-
Eligibility Met: f YES I NO 1'$$
t--------- --NO -
I City Manager Signature —_ -
l Council Meeting Date: 12/18/18
i Approved Amount: 1 $1,000- -
Date:
Revised 07/05!2017
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SANTA ANA ATHLETIC FOUNDATION FISCAL SPONSOR FOR
ORANGE COUNTY GRAPPLING
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on DECEMBER 18, 2018, by and
between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA ATHLETIC
FOUNDATION FISCAL SPONSOR FOR ORANGE COUNTY GRAPPLING, 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 PROVIDING FREE WRESTLING PROGRAMMING, EQUIPMENT, AND
TUTORING FOR K-12 STUDENTS TO PROVIDE EXTRA -CURRICULAR ACTIVITIES
WHILE PROMOTING EDUCATION 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 Purpose. The City, by recommendation of FORMER MAYOR PRO TEM
MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it
PROMOTES EDUCATION, POSITIVE ACTIVITIES, HEALTH & FITNESS, AND
COMMUNITY PRIDE. 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. hi 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 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.
EXHIBIT 2
29A-9
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.
EXHIBIT 2
29A-10
CITY OF SANTA ANA
By:
Raul Godinez II
City Manager
Attest:
m
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: %,
v ,tfi
m M. Funk
ssistant City Attorney
SANTA ANA ATHLETIC FOUNDATION,
a 501(c)(3) NON-PROFIT
ORGANIZATION
By:
Scott Glabb
Executive Director/Coach
EXHIBIT 2
29A-11
r '" City Manager's Office -M-31
.R'u,+ City of Santa Ana 20 Civic Center Plaza
Donation Request P.O. Box 9988
Santa Ana, CA 92702
'.yY - (714) 647-5200
Ity, state, zip: Costa Mesa hens: 714-609-6607
Name: (Orange County Grappling Fiscal Sponsor will be Santa Ana Athletic Foundation
.empt Status: Is your organization a non-profit or
under Section 501(c)(3) of the Internal Revenue i
as sleet One: Fv-]
Yes ❑ No
will only qualify for a credit for City -related costs for yourrequest Q.e. permit lees, If Yes,
rental rates for facilities or equipment, etc.).Costs for City services vary end it 91-2163665
credit may or may not cover lull cost of requested City services. fax ID M
� Return Cornpleted form viaiPo.
Mail: City Manager's Office -M-31 I Email: donationrequest@santa-ana.org j
20 Civic Center Plaza Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
y1.i.�li��%..,,y44."iYd,is,.tlT�*�.G^,iiY"q-t'!q
r
tty Services Credit I`
Date Needed: F12/1/201 H ayor/Councllmember. I Martinez
ount Requested: �'
PIrect Payment Amount
—�
� 000.0 Event Date: Mons & Weds vent Time: 6PM
quested
YES 1 NO Yes - -
Santa Ana High School/ Wrasuing Ramon '
Event Location:
sm W. waewl at
Address, City, State, Zip
Santa Ana, CA 92701
I —�
ry Monday and Wednesday at 6pm we provide free wrestling instruction and tutoring for kids
Description of
des K -12th. The funds will be used for entry fees to compete in wrestling tournaments, as
Fw
Event / Purpose:
aS gear and food for the wrestlers/participants.
Orange County Grappling Club specifically exists to give hope and purpose to adolescent boys and gids in Santa Ana.
Community Benefit:
The benefit to the community is to empower and enable these adolescents to reach their highest potential and to achieve
their goals In lite. Thus, making positive conMbutions back to the city. We also exist to redirect negative behaviors toward
positive aviors, "teaching teens to wrestle through their aggressions and the pain that daily life may bring'
a
�_ v K �-t-�
v
•n-,�x�' < �a ,r..�c�'fv.�.. �+ s�i,
Rate kms.
I'
rF�
..
� Return Cornpleted form viaiPo.
Mail: City Manager's Office -M-31 I Email: donationrequest@santa-ana.org j
20 Civic Center Plaza Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
y1.i.�li��%..,,y44."iYd,is,.tlT�*�.G^,iiY"q-t'!q
r
Donation Request H:
Ralerance 0 on all related DPlrs
DR -
Council Meeting Date:
12/4/1$ f
Eligibility Mot:
YES 1 NO Yes - -
Approved Amount: -
$1,000
City Manager Signature:
Data:
I —�
Revised 01/05/2017
Is) 011w acE.W If;Tyrll
DONATION AGREEMENT WITH
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR ARTESIA PILAR NEIGHBORHOOD ASSOCIATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on DECEMBER 18, 2018, by and
between the City of Santa.Ana,-a municipal corporation ("City") and -CHARITABLE VENTURES_
OF ORANGE COUNTY FISCAL SPONSOR FOR THE ARTESIA PILAR
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
ARTESIA PILAR NEIGHBORHOOD ASSOCIATION TO HOST ITS ANNUAL HOLIDAY
EVENT ON DECEMBER 10, 2018, WHICH WAS FREE AND OPEN TO THE
COMMUNITY ("Community BenefifD. 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 the
ARTESIA PILAR NEIGHBORHOOD ASSOCIATION IN HOSTING THE ANNUAL
HOLIDAY EVENT THAT PROMOTES COMMUNITY PRIDE AND UNITY. 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 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 Aereement. 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.
EXHIBIT 3
29A-13
3.3 Waivers, Insurance or Other Obligations. ions. 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.
EXHIBIT 3
29A-14
CITY OF SANTA ANA
Attest:
0
Raul Godinez II
City Manager
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: ,
JWn M. Funk
Assistant City Attorney
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR ARTESIA PILAR NEIGHBORHOOD ASSOCIATION,
a 501(c)(3) NON-PROFIT ORGANIZATION
0
Ted Kim
Chief Operating Officer
EXHIBIT 3
29A-15
City of Santa Ana
Donation Request
CIlyManager's offlce-M-31
20 Civic Cenferplaxs
P.O. Box 1888
Senor Ank CA 82702
(7f4) 647.6200
Organization
Name: jArtesfa Pilar Neighborhood Association (APNA)/Charitable Ventures of Orange County
ame: I Ruby Gonzales -Woo
ua:
President
ddress: 12234 N. Pacific Ave
ItNo,youa411onlyquaWforacmdltforCi&,mlafedcostsforyourrequest(La.pemr8feea, stafYes,
ro'ms,rendtmtayormfor aynot ovefullcott,etcq.Costs aded �Byvice& vary and lf
approved, credit m or may not ocverfullcost olm casted C earvlcea.
ctty,state, zip:
I Santa Ana, CA 92706
hens: 714-835-8925
� au.--
wooruby@yahoo.com
Fax: none
Organization
Name: jArtesfa Pilar Neighborhood Association (APNA)/Charitable Ventures of Orange County
Tax -Exempt Status: Is your orgonlzatlonanon-profit or public fax-exemptolganlzallon as
defined under Section 301(c)(3) of the Internal Revenue Code? .
elect One:
�—
DR -
Council Meeting Date:
®Yea No
ItNo,youa411onlyquaWforacmdltforCi&,mlafedcostsforyourrequest(La.pemr8feea, stafYes,
ro'ms,rendtmtayormfor aynot ovefullcott,etcq.Costs aded �Byvice& vary and lf
approved, credit m or may not ocverfullcost olm casted C earvlcea.
ax ID 0:
208756660
Eligibility Met:
YES / NO YeS Approved Amount:
$250
Mail: City Manager's Office -M-31 Email: donatlonmquost@santo-ona.org
20 Civic Center Plaza Fax: (714) 047.6964
P.O. Box 1888
Santa Ana, CA 92702
.1
qty Services Credit I Date Needed: t)@C. 1 O, 2018 i eyodCouncilmember.
mound Requested:
Pieesa Choose From the Llst Below
DR -
Council Meeting Date:
12/18/19
Dlmct Payment Amount $250 Event Data: � Venl7lme:
I Joioiio
Requested: Dec. 15, 2078 12:0D noon
Eligibility Met:
YES / NO YeS Approved Amount:
$250
Event Location:FY
dia Romero Cruz, 27.01 W. 5th Street, Santa Ana, CA 92703
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Community Involvement of 300-@00 youth and residents that worts with them to build strong healthy
Community Benefit
communities and help families thrive.
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Mail: City Manager's Office -M-31 Email: donatlonmquost@santo-ona.org
20 Civic Center Plaza Fax: (714) 047.6964
P.O. Box 1888
Santa Ana, CA 92702
Revised 1111012018
29A-16
.1
Donation Request#:
DR -
Council Meeting Date:
12/18/19
Reference x on alt ralat DWs
Eligibility Met:
YES / NO YeS Approved Amount:
$250
City Manager Signature:
Date:
Revised 1111012018
29A-16
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SANTA ANA COLLEGE FOUNDATION
PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on DECEMBER 18, 2018, by and
between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA COLLEGE
FOUNDATION, 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
-SANTA ANA COLLEGE FOUNDATION'S PRESIDENT'S_ CIRCLE WHICH SUPPORTS
VARIOUS STUDENT SUCCESS INITIATIVES AND PROVIDES ACADEMIC SUPPORT
("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 FORMER COUNCILMEM 3ER
BENAVIDES believes there is a public purpose in supporting the Community Benefit because it
assists SANTA ANA COLLEGE STUDENTS AND THE COMMUNITY TO ADVANCE
EDUCATIONALLY AND BECOME PREPARED FOR THE WORKFORCE. 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 fends, 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.
EXHIBIT 4
29A-17
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 it 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.
EXHIBIT 4
29A-18
CITY OF SANTA ANA
M
Attest:
Raul Godinez II
City Manager
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
i M. Funk
ssistant City Attorney
SANTA ANA COLLEGE FOUNDATION,
a 501(c)(3) NON-PROFIT ORGANIZATION
0
Christina Romero
Executive Director
EXHIBIT 4
29A-19
.,,!��+.'>. City Manager's OTfrce-M•31
-.a:+y�.;,� City of Santa Ana
20 Civic Center Plaza
L I' Donation Request P.O. Box 1988
Santa Ana, CA 92702
(714) 647.5200
Name: rChristlna Romero rntlo: I Executive Director
Pdd�iosa: 1530 W. 17th St. --- ------ ---'—
pity, state, zip: Santa Ana, CA 92706 F714564-6091
i?hone:
--hristina@sac.edu --
(-- —
Eman: �rom___ C
Faac
o .. . e
Nnmo:
Santa Ana College Foundation
Tax-Exompt Status: Is your organization a non-profit or public tax-exempt organization as act Ona -
anted under SectionOna 501(c)(3) of Internal Revenue Coda? r Yes ❑ No
IF NO, you wNonlyquaWthre c2di1 Por C"IeWcosts foryourrequest(ie. pemtlt hes,
ta1/ilme, rental ratesrorh:Ms crequlpmerd. ekJ.Cosis for Crryservkes vary and t I'Y'
approved, creddmay ormay not cover/u8cost of requested MyseMces. ax 100: 95-6209198_
i
DB p B
�Cily Sorvil cos Cmdit DetoN
12/15/18 Mryorl (Councllmemtror.
BenaNdes
Amount Rpueatad:
lmet PaymentAmou
1e060 rEv�—ent—eats,--
-----
r - ---• Event Time:
�- -...—.—
Event Loeatlon:
1530 W. 17th Street, Santa Ana, CA 92706
AINsa, Cy. Shde. Zp
The Santa Ane College Foundation would like to request a gift towards our President's Circle
Description or
EvontI Purpoao:
Event I
which supports various student success Initiatives, urgent action needs, and academic support
gift would benefit Santa Ana College students and the community as a whole es it advances the
communlryBenoflhon
of the college and prepares students for the workforce, continue their undergraduate work, or
rshariplen
a skill - all of which strengthens our community.
IAPPIiconl8l Igneture:-----
- --- --- ---i _ o�.O ^--[
Mali: City Manegara Office M-31
Email: donatlonrequoat@sante4no.org
20 CIvic Center Plana
Fax: (714)647-0964
P.O. Box 1983
Santa Ann, CA 02702
Donation Request a: DR- Council 12/18/18
Meeting Data: !
_
Eligibility Mot: YES I NO Yes Approved Amount: ---
i $1,000
City Manager Signature: i Data: I
1
Revised 01105=17
EXHIBIT 4
29A-20
CITY OF SANTA ANA
DONATION AGREEMENT WITH
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR ARTESIA PILAR NEIGHBORHOOD ASSOCIATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on DECEMBER 18, 2018, by and
between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES
OF ORANGE COUNTY FISCAL SPONSOR FOR THE ARTESIA PILAR
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. REcerAm
2.1 Community Benefit. The City wishes to provide Recipient with funding for the
ARTESIA PILAR NEIGHBORHOOD ASSOCIATION TO HOST ITS ANNUAL HOLIDAY
EVENT ON DECEMBER 10, 2018, WHICH WAS FREE AND 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 Purpose. The City, by recommendation of COUNCILMEMBER
VILLEGAS believes there is a public purpose in supporting the Community Benefit because it
assists the ARTESIA PILAR NEIGHBORHOOD ASSOCIATION IN HOSTING THE
ANNUAL HOLIDAY EVENT THAT PROMOTES COMMUNITY PRIDE AND UNITY. 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.
EXHIBIT 5
29A-21
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.
EXHIBIT 5
29A-22
CITY OF SANTA ANA
By:
Raul Godinez II
City Manager
Attest:
52
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: lYV. T4,,' `
J#n M. Funk
Assistant City Attorney
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR ARTESIA PILAR NEIGHBORHOOD ASSOCIATION,
a 501(c)(3) NON-PROFIT ORGANIZATION
in
Ted Kim
Chief Operating Officer
EXHIBIT 5
29A-23
Cif of Ssnta Ana ChyManager's OBlee-M-31
y 20 Civic Confer Plata
Donation Request P.o. Boxfoeg
Sante Ana, CA 92702
Y'"
LtY'!V (714) 047.0200
•.
Fame: Ruby Gonzales -Woo
tie:
President
ddn; s
2234 N. Pacific Ave
city, stat-, zip: Santa Ana, CA 92706 Kona: 714835-8825
Eman —
I wooruby@yahoo.com Fax: none
•.
Name; Artesia Pilar Neighborhood Association (APNA)/Charitable Ventures of Orange County
Tax -Exempt Status: is your organization a non-pmffterpubOcte*exempt olgenfzallon as
defined under Section 501(c)(3) of the Internal Revenue Code?
elect One•
Dunt
.�SB
-Yes 1:1 No
ffNo,youtvlllonlyquallryforacreditrorC)tyielo(adcostsforyourrequest(le.pemdtfees, sW tlme,rentalratesforfac010esoraqulpmenf,eta).Costsfor011yservicesveryandifS?�+ppmved,creditmayormaynot
I
208756660
coverPoll cost ofmquestad Cilyservices.
r.y7xos.,.
Dec.10, 2018
•.
City services Credit I Date Needed: pec. 1 O, 2018 t
Requested:
Mayddcouncirmember, Please Choose From the Ust Below
Dunt
.�SB
DlmctPayment Amount $500vent Data:
I
Eventttme:
ceeMr�t+�anvmeua•Mawoamcwa�Men,oner
uestod•
Dec.10, 2018
12:00 noon
Event Location:
Fydia Romero Cruz, 2701 W. 5th Street, Santa Ana, CA 92703
Address.City, Stars9p
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Dosed tion oP
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°��"R•bKRnMAbAmIdCVEomnM1as�mmsppNaFn'wmwMo„mpWMdnngAOne,,.bga6.lmdlpm„emble�.'T+wA'P�N �'PYMM1.aapMentl
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e°eOm='+ismwwae�ryssw"wmm,w%mvcomwwgwwv,r..a.meM,mem.Wmea,Woaetasmerwa.noMwMwwvMen,mvttaaab
Community involvement 300-000 youth and resident- that works with them to build strong healthy
community BBenefit-ocommunities
and help families thrive.
iepijrSef�t$r�n yrtQi t
Lig .y' r• c a�NOVO; bar"24 2a"t8
J
(Mall: City Manager's Ofnce—M-31 Email: donetionrequest@santa-anaorg
20 Civic Cantor Plata Fax (714) 647.0904
P.O. Box 1999
Santa Ana, CA 92792
Revised 11/16120111
29A-24
Donation Requests
DR -
Council Meeting Date: 12/18/19
Reference a on an relaradDPVa
Eligibility Met:
YES I No Yes Approved Amount: $500
City Manager Signature:
Data:
Revised 11/16120111
29A-24
CITY OF SANTA ANA
DONATION AGREEMENT WITH
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on DECEMBER 18, 2018, by and
between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE.VENTURES
OF ORANGE COUNTY FISCAL SPONSOR FOR THE SANTA ANITA 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. REGTTALS
2.1 Community Benefit. The City wishes to provide Recipient with funding for the
SANTA ANITA NEIGHBORHOOD ASSOCIATION TO HOST ITS ANNUAL HOLIDAY
EVENT ON DECEMBER 15, 2018, WHICH WAS FREE AND 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 Purpose. M
The City, by recommendation of COUNCILEMBER
VILLEGAS believes there is a public purpose in supporting the Community Benefit because it
assists the SANTA ANITA NEIGHBORHOOD ASSOCIATION IN HOSTING THE ANNUAL
HOLIDAY EVENT THAT PROMOTES COMMUNITY PRIDE AND UNITY. 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 HUNDRED FIFTY DOLLARS;($150), 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.
EXHIBIT 6
29A-25
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.
EXHIBIT 6
29A-26
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
WAR
r�� u
Assistant City Attorney
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION,
a 501(c)(3) NON-PROFIT ORGANIZATION
0
Ted Kim
Chief Operating Officer
EXHIBIT 6
29A-27
EXHIBITS
29A-28
City Manager's OKce - M-31
City of Santa Ana
20 Civic Center Plaza
Donation Request P.O. Box 1988
(9)
Santa Ana, CA 92702
(714) 647-5200
W.-11. Felipe, Guerrero nla: 1President
Addros� s —1204 N. Susan Street
!city, State, zip:
ISanta Ana, CA 92703Phony– e:
(714) 265-2071
IEma I:
godfnano@aol.com Fax: —�—
0
Name: Charitable Ventures of OC on behalf of the Santa Anita Neighborhood Assoc.
Tax -Exempt Status: is your organization a non-profit or public tax-exempt organization as (Select One: ❑ ❑
efined under Section 501(c)(3) of the Internal Revenue Code? Yes No
if No, you willonly qualilyfor a credit for City -related costs roryourrequest#.a. permit fees, F
rentalrafes forfact78ies or equipment,etc.).CmIs for City services varyendif it Yes'
islag6me,
approved, credit may or may not coveredl cost of requested Cr7y services. ax lD 0; hO_8756660
i r'�y
—(Dote
CllyServices7Credit )lmounl Requested: S Needed:
I='t-
! Ma odCour ndlmember,
1 l y
Ville0 as
Direct Payment Amount $ 15 0 Event Date: 112/15/18 Event Timms e: —
pequested: I I I
4:OOpm
�Evenl Location: Santa Anita Center 300 S. Figueroa Street Santa Ana
Addran City, Stafe, Zip
2nd Annual Santa Anita Neighborhood - Noche de Paz Christmas Event for the Community.
10escription
I
or Donation will cover the cost of the balloon artist to entertain children at the event.
Event l Purpose:
i
——IThe Noche de Paz is intended to bring our community together and celebrate
'cemmanuy
sensor: what we share in common.
>' rp�,q
fr va%-
•vie
APPliea� nt S19nature: I �.. / ata: I
I
„Email:
(Mail: City Manager's Office -M-31
donatlonrequest@santaana.org
20 Civic Center Plaza
Fax: (f14) 647.8954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request x: DR - Council Meeting —i`
g Date: 12/18/18
Eligibility Mel: YES I NO ,IES Approved Amount: $150
- --�--
City Manager Signature: Dale: -_
Revised 01/0512017
EXHIBITS
29A-28
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SECOND CHANCE ORANGE COUNTY
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on DECEMBER 18, 2018 by and
between the City of Santa Ana, a municipal corporation ("City") and SECOND CHANCE
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 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient for PROVIDING SERVICES TO SANTA ANA YOUTH THAT ARE HOMELESS
OR RECOVERING ADDICTS BY CONNECTING YOUTH WITH SERVICES AND
EMPLOYMENT ("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
WILL PROVIDE AN ECONOMIC VALUE TO ASSIST AT -RISK YOUTH IN SANTA ANA
SO THEY MAY BECOME PRODUCTIVE CITIZENS THAT CONTRIBUTE TOWARDS
SOCIETY. 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.
EXHIBIT 7
29A-29
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.
EXHIBIT 7
29A-30
CITY OF SANTA ANA
By:
Raul Godinez II
City Manager
Attest:
0
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
J n M. Funk
Assistant City Attorney
SECOND CHANCE ORANGE COUNTY,
a 501(c)(3) NON-PROFIT
ORGANIZATION
By:
Deborah Johnson
Executive Director
EXHIBIT 7
29A-31
City of Santa Ana City Manager's Office - td -81
City
20 Civic Center Plaza
Donation Request P.O. Box 1988
Santa Ana, CA
92702
(714) 647-5200
lNam' —e, Pe b Johnson itle,
Adele:e: 12618 San Miguel Drive #284
(City, State, zip: I Newport Beach, CA 92660 Phone:
Emalr l: idebjll@icloud.com Fax:
o ,
Name:
SECOND CHANCE Orange County
Tax -Exempt Status: Is your organizationa non-profit or public tax-exempt organization as Select One:
defined under Section 501(c)(3) of the Internal Revenue Code? I
If
I Yes ❑ No
It No, you will only qualify for a cmdd for Cily-related costs for your request it. e, permit tees, lyes,
Istafftime, rental rates tar facilities or equipment etc.). for City services vary and i7
81-1224869
,approvetl, credit mayor maynorwver /u8 cost olrequestetl City services. ax ID A:
I,
.
@yServicC� ssCredd I jI� �— Vllle aS
a[e Needed: g
Pmount Requested: IS i Mayor/Councllmember: I
Amount F$5-001
Event Date: Event Time:
:Directayment
Requested:
FEvent Location:
Atltlress. City, State. Zip 1
He1p augment our CDBG grant in-S.A. to pay e for thgap in the program budget,
Description of we applied for more than twice the mount we received, and we have already
a
Event I Purpose: reached the number of S.A. residents in 4 months that we can serve.
Economic value, these S.A. homeless or or �ecovenng rugrug a ca -o -o addicts no
community Benefit: longer use public services, we provide training, coaching/mentoring and we get
jthem jobs, they pay taxes and they are no longer on the streets. They become
� �
�r-
ApplicantSignature �)Date: (NOVEMBER 1, 2018
Mall: City Manager's Office -M-31 Email: donationrequest@sanua na.org
20 Civic Center Plaza Fax: (714) 647b954
P.O. Box 1988
j Santa Ana, CA 92702
j Donation Request�R-
en, .. n r. Council Meeting Date: 12
j
Eligibility Met: YES INO Yes Approved Amount$5O' 0
City Manager Signature: — - - -- _ - — -- - - — Data.
Revised 0110512017
EXHIBIT 7
29A-32