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HomeMy WebLinkAboutCHARITABLE VENTURES OF ORANGEC OUNTY as fiscal sponsor for LACY NEIGHBORHOOD ASSOCIATIONN-2020-052 MP` 0 5 2029 0//151zdzo CITY OF SANTA ANA (!'Ci'vt I dwsl, finea -0 DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY PARTIES AND DATE. This Donation Agreement ("Agreement") is entered into on FEBRUARY 25, 2020, by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF ORANGE COUNTY as fiscal sponsor for LACY 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 to assist Recipient in PROMOTING THE 2020 CENSUS AND ENCOURAGING THE COMMUNITY TO RESPOND AND BE COUNTED ("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 believes there is a public purpose in supporting the Community Benefit because it will PROVIDE A COMMUNITY EVENT IN THE LACY NEIGHBORHOOD TO PROMOTE NEIGHBORHOOD PRIDE AND PARTICIPATION IN THE 2020 CENSUS. 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 SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) for an event that will be held on Saturday, May 2, 2020, 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 itmnediate return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City detennines that the funds will be used for a purpose which may cause a significant risk of CITY OF SANPA ANA DONATION AGREEMENT Page 2 of 3 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and participant waiver/release protections. This right shall be ongoing 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 Indenmification. 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, lndenmify and hold City and its officials, officers, employees, agents and volunteers tree and harmless from and against any and all claims, demands, causes of action, costs, expenses, liabilities, losses, damages or injuries, in law or equity, to property or persons, including wrongfiil death, in any manner arising out of or incident to any and all acts, emissions, willfid 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 willfid 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. 'Pile 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 tite 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 E iter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 CITY OF SANTA ANA By: Kristine Ridge --- City Manager APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: ohv. J06A M. Funk Assistant City Attorney ATTEST: CHARITABLE VENTURES OF ORANGE COUNTY a 501(c)(3) NON-PROFIT ORGANIZATION By: Title: 1>, ACC>R® CERTIFICATE OF LIABILITY INSURANCE I DATE eAMIDnttVYY7 07/05/2010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ON ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the Policy(los) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may racialist on endorsement. A statoment on this certificate does not confer rights to the certificate holder In Lou of such endorsamonHsl. r,w„w.l., ...... fdAlAL1 Rtldfigo,[jaltUCfp3 Dickerson Insurance Services, License NOM29112 Pi p)Ic "` FAX " I 1910 Riverside Drive .InjS Nn cxn' (020) A50-2$7d... _ _ (Al;11,11 a mho Apaflto RoddgB(1g01cYe.fspR•qrbup Gp01 LDS Angeles CA 90039 (323) OB2-7200. INSUnERtbJ_AirORDINO COVERAGE I210QqIIAICr .. .,_ __.. ._ _ _ _,. _ . _ _ - IN'r.4nHI A ('htlagcslryllla 11lcfLntl51(y lnsuranro CalgpunV. INSURED.tNsyprnp Charitable Ventures of Orange County New. Yorlt Ma11nC8 Gonlarallnsuance Compipy, 1161100 4041 MacAdhur Blvd, Suite 510 INSURERe; _ _ _ Newport, CA 02660 INmmeR e: INSUIiEq P: COVERAGES CERTIFICATF NHMRFP- acvlc 1n1,1 MI IMGCO. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE: POLICY PERIOD INDICATED, NOTWITHSTANDING ANY RBOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT' TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICICS DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INER ri Yl ea( _ . ' - 5 " -"- - Mfim [FF- --POLICY %iy- LTR TYPE OF IN3UMNCE I POLICY NUM1I0ER IAlllonn'YYY I MMInI 'AYY LlM1llie GENERAL LIABILITY I EACH OCCURRENCE 31 OOO,OOO s1,000--- X COMMERCIAL GENERAL LIABILITY -- ._,. _ X f� ' (� I I DALIA0E tOnENTLO i'n ev16CS Euo _nmcq 1�� _ I _ S _.aQ!1Aon_ _ cLAfb�s MADE OCCUR MEOEXP IAnyonoieersal) S5,000 A PHPKi990904 07/15/2019 07115/2020 PERSONAL a ACV auURY s1,000000 _ GEHFRALAGGREGATF 2,000.000 GENT AGGREGAT E LIMI T APPLIES PER'. INLDOHGTG OOiar ICP AUn 4 �S z.QQo,000- X I � � PR0. ' . POLICY LOC 3 AUTOAl091lF. LIABILITY I� —.. SR1'L 8ttld 1{ nl IA14YAUTO BODILY INJURY (Per pmsenl S q ALLOW101 SCHEDULED nuloP nu rNs PHPK1990984 07/1512010 07l15/2020 - -- BODILY INJURY (P., VVKle,lIB s X IHIRELAUIk7a X Not'OWU`IJ AI,rrgS PRDI Ln rY PiCMI1 S . (I u n age n _ X (UTADgELLA LIAR I X occa I I y j � Ell H(Y•CURREMCC 5 4,000,000 A (EXCESS IIAB cLnnasdJACC ! PHUB676597 OW1512019 07/15/2020 AGGREGFTE $ 4,000,000 X I I . RED RETamIONS IQ It s WORKERS COMPENSATION ^— AND EMPLOYERS' WCGT\N• DIII• X T' LIABILITY YIN TORYUl', CIT ANY PROPRICTORIPARTNERIE%ECUTIVF B OFrICEMEMBER EXCLUDUm NIAF WC201900011228 07/1512010 07/15/2020 EL LACH ACCICENT y1Q00000 R@ndol ryl NIL) EL DISEASE EA EMPLOYEE a 1,O0Q 000 Il yes,tl mY Pnde, yIPTION nF nf+pnAT ON•�� - -- r: L PI$rnyC hOLICV LIIAII S 1.000 OOO _ �� I I 1qv IF i III DESCRIPTION OF OPERATIONS; LOCATIONS VfiItiLLEe IAIIPeII ACORD 101, Addlllonsl Ra nmkn echod,l If ,sin spots is rognimd) RE'. Summer Night Lights Program Oily of Santa Ana, officers, agents, employees, and volunteers are named as additionally insured on this policy Pursuant to written coRlracl, agreement. or memorandum of understanding. Such insurance as Is afforded by Ihls policy shall be primary, and any insurance carried by City shall he excess and noncontributory. CertificaUt of Insurance shall provide thirty (30) day prior wrillen notice of Cancellation, REVIEWED & APPROVED EU By Risk MANAGEMENT DiVISiON lsAIVUtLLA I IUN rr J- llr City of Earn Ana SHOULD ANY OF THE ABOVE DOSC �•F THE EXPIRATION DATE POLICY P;Of[�yl1y . IME. Weir �N Risk MBIIagUmOl11 Division THE ACCORDANCE WITH THE THBRER 15iJ1 C 20 Civic Center Plaza AUTHOR¢EO REPRESENTATIVE Santa Ana CA 92702 I - s 0 Rodrigo Banuelos @ 19II0.2010 ACORD CORPOfiATION. All rights reserved, Awf(u ID (<U MUD) Ino ADORU name and logo are registered marks o1 ACORD POLICY NUMBER: PHPK1990984 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlzation(s): The City of Santa Ana, its officers, agents, representatives, employees and volunteers Information ruired to com Ip ete thls Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", 'property damage" or 'personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement applicable Limits of Declarations. shall not increase the Insurance shown in the REVIEWED & APPROVED By Risk MANAGEMENT DIVISION t Au2019d- CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 9 of 9