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HomeMy WebLinkAboutCHARITABLE VENTURES OF ORANGEC OUNTY as fiscal sponsor for RIVERVIEW WEST NEIGHBORHOOD ASSOCIATIONK1..0. 0 5 2020 N-2020-055 U%/ IS/LUZJ CITY OF SANTA ANA O: (Mot„GlRifl re✓e2-4i 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 RIVERVIEW WEST 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 terns 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 RIVERVIEW WEST 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, June 6, 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 tenns 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 finds. 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 tennination of this Agreement. CITY OF SANTA ANA DONATION AGREEMENT Page Z of 3 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 Cif. 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 Authorityto 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. acc�frc� CERTIFICATE OF LIABILITY INSURANCE OnTE1MMloorcvvrl �--"� 07/0$12010 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ios) must be endorsed. If SUBROGATION IS WAIVED, subject to file terms and conditions of the policy, certain policies may regalro an endorsement. A statement on this certificate does not senior rights to the certificate holder In Ilan of such andorsomantlsl. PRODUCER CONinCr pneE I'lnrlri;gl_Oanuoloh Dickerson Insuranco Services, License #01020112 _ X .AsFAIi° aril, (020) iI50207d_ 1r4, Nap 19 10 Riverside Drive ADDRESS; RadrigaYtgdickursOn,pragl,uom _. Los Angeles CA 90039 INSURER0J_AIIDRUING I"OVLRAnB DAIC6 (323) s62-7200 Phi l�irlt§IUlve fu[h rnRily hlwanto CnmpRny 210,14 INSURED Charitable Ventures of Orange County n4soal n u: 'Now, York Mnrinc & Gonawl Insurance Company 1600B -- 4041 MacArl Blvd , Suite 510 IN6vRCal:: _ _ _ _ _ _ Newport, CA 02660 NgUP yR p: INSUlnyug! _ INSURf!R F: j COVERAGES GFRTIFIr:ATF MHMRFR• oFInRInr.I MI Mgcco. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE POI; THE POLICY PERIOD INDICATED. NOTWITHSI'ANOING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPrcr TO WHICH 7111S CkRTWICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE 'rrRMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTRjj - 77ADOL SUefl POLICY EFF POL'I�Y xh' - — LTR TYPE OF e15URANDE IIoSR V POLICY NUMBER I NlAIenIYYYV lDl y{y LIMITS GENERAL LIABILITY X _COMMERCIAL GENERAL LIABILITY . l ] CIAl45 MADE OCCUR I EACH OCCURRENCE DAN.CFTRFTO fRr1R MLD O(P In y_ nR )elivll S 1,000000 ' O0Q0, S 5,000 A _ _. _ PHPK1990984 07M512019 07M5/2020 PERSONALS ADV INJURY s 1,000,000_ , GENERAL AGGREGATE 1 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. . Xai POLICY1Ga LGC i PRODUCTS -CCMK)PAoG 52.00g�q�O AUTOMOaILE LNSIL1iY - � Y �I it l II SET, SINGLE LI If -� ciagsud.-51 A JNYAUTO AILUVYlCIt SCHEDULED AIITOfi AUFOB jC NUN. . I FPREDAUBIS %�. AIIr(°mle1l — PHPK19909B4 07M5/2019 07/16/2020 BODILY INJURY (Per parse) BOOMYINJURY (P R II p In2'i11 RiY-DnMnGh PODPERTYl S $ A X UIJBRELI-AUAU }: I OCCUR EXCESS LIAe ( CLAIIdB.LlgDU 1 Y^r I I PHUB678807 07/15/2019 07/15/2020 EACH U'CURIiERCE AGGREGATE — 14.000,000 14,000,000 ro..� B Dan % RETEI` ONS 0(v AND COMPENSATION YIN NY PROPHIETORIPARTNERIEXECUTIVE DiI-ICEIMEMOER EXCLUDEm IM ndnlary In Nil) Ily a, dmMbe, wdor .ul?ZrLyy,lrFOpfflAilO NIA uv WDZ919DB91122B 07/i5/2019 07115/2020 �.. -... X TUfiy411:1PU% I iff r L EACH ACCID@_ D rL DISCARE EA FNINOYE - ELOSEA$C POLICY LIM B $ 1.0-09.000 S 1,800,O00 - - 11,00"D0 DESCRIPTION OF OPERATIONS' LOCATIONS I VEHICLES (AencB ACORe 101, Addlllonal Uomorks SCLadRlq if nmm apace la royulrodli RE: Summer Night Lights Program City of Santa Ana, olOcers, agents, employees, and volunteers are named as additionally insured On this policy pursuant to written coniracl, agreement Or nlemofandum of understanding. Such Insurance as Is afforded by This policy shall be primary, and any insurance carried by City shall be excess and nonconlribulory. Cedifcate of Insurance shall provide thirty (30) day prior written notice of cancellation. REVIEWED & APPROVED By RISk MANAGEMENT DIVISION bcnui I*+--rlurvr,n GANUILLLA I ION City of Santa Ana SHOULD ANY OF THE ABOVE DFSC,b L0511mr —& - - THE EXPIRATION DATE TI CREOIrTIVNI'Fl.lYfllfE_01 LN Risk MBltagemeUl DivIEl011 ACCORDANCE WITH THE POLICY Ial1RRVV1` LlN`LIt 20 Civic Center Plaza AVTIIORRED REPRESENTATIVE Santa Ana CA 927C2 1 - 0 i Rodrigo Banuelos CcJ 1988.2010 ACORD CORPORATION. All rights reserved. AU UHU L5 (eulurub) The ACORD name and logo are registered marks of 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 Organization(s): The City of Santa Ana, its officers, agents, representatives, employees and volunteers if not A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organizations) 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 shall not increase the applicable Limits of Insurance shown in the Declarations. REVIEWED & APPROVED By Risk MANAGEMENT Divisi0N JU 292019 FRANCINE R. VILLAREAL CG 20 26 0413 © Insurance Services Office, Inc., 2012 Page 9 of 9