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Home My WebLink AboutCHARITABLE VENTURES OF ORANGEC OUNTY as fiscal sponsor for HENNINGER PARK NEIGHBORHOOD ASSOCIATIONN-2020-051 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY I. 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 HENINGER PARK NEIGHBORHOOD ASSOCIATION a California 501(e)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 HENINGER PARK 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, April 4, 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 terns 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 tennination of this Agreement. CITY OF SANTA ANA DONATION AGREEMENT Page 2 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 Cam. 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 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. 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. 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. Carvatho City Attorney By:n..��rr_ Joe M. Funk Assistant City Attorney ATTEST: Daisy .i Clerk of the Council CHARITABLE VENTURES OF ORANGE COUNTY a 501(c)(3) NON-PROFIT ORGANIZATION By'��'J Title: �pYISJGCGL4 c� wed acroiz® CERTIFICATE OF LIABILITY INSURANCE °nOE7105120/YY""' �✓� 07/05/2019 _ 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(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 tho terms and conditions of the policy, certain policies may reyulro an endorsement. A statement on this certificate does not eonfor rights to the certificate holder In Ilou of such endorsementis). PROOUCER Dickerson Insurance Services, License VOM29112 1910 Riverside Drive Los Angeles CA 90039 (323)062-7200 INSURED Charitable Ventures of Orange County 4041 MacArthur Blvd , Suite 510 Newport, CA 02660 CERTIFICATE NUMBER; PIIDnE if (A15, Nu t.xq 1929)'t30 27A.. lyre% , ia'q BAIAIL RodrtOO(f�diGkefsongrtxgl.cem ._ . AeV.esss WU RERg4(AH'UI I No cave RnG13 Irntc E INSUITIGKA PIT IOAillgldakrdmntphyIneurenrnCcmpBliy 21gAg ipslI) Now York Marine A Gonnrol lnsuralrgD Gnmp6lly 16000 INSURMIC: Irlsunrn D: _ _ INSURNIi Wt TO CERTIFY THAT THE POLICIES INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 'rcr POLICY INDICATED. NOTWITHSTANDING INDI UI ANY REQUIREMENT, TERM OR CONDITION ANY CONTRACT DOCUMENT WITH RESPECT TO WHICH H Tills OR OTHRRDESCRIBED BEISSUED CERTIFICATE MAY BE ISSUED OF MAY PERTAIN, THE INSURANCE AFFORDED POLICIES D POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, MS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. N ED LTR TYPEOFIl150RANCE INan Y POIJCYNUMBER AIOIIDDTYYY II�I0Iv YYY1 LIMITS GCNERAL LIABILITY EACH OCCURREIJCE 51000,000 X CCMMCRCIAL GENERAL LIABILITY ._,..I � "6AIIACE'RoFEN'rCn IIRIIIB SLf CLAIMS MADE X] OCCUR 1� MED EXP(Any NIB pr d Smoo A PHPK1900984 07115/2010 07115/2020 PERSONAL a AOV INJURY 41,000000 — ( GEH.RALAGGREGAIE 5 2.000.000 l^ GEN'L AGGREGATE LIMIT APPLIES PER'. POLICY x'I ( 1 I PRO LOT COMP MP ACT - 5 z.,oQo oa9._ AUTOMOBILE LIABILITY I V � I TTIaKIRiL015t0 'L M) I- -( LL.490,0110_.. ANY AUTO BODILY INJURY (Pcr POrv0) S A jALLOJVTIED AUTD$ULen PHPK1990984 07115/2019 07116/2020 BOOIIY INJURY Tl d.e S —� NO F.I1 X NIREIT tUTOS X PROP I krr DAYi'AGE s AD (Per ddu.nl__._.. X UAIORE"Uno X OCCUR r y r- vrNrrcuaneNCE 54,000.000 A I Excess unO I eLnnpsslADE I PHUB678897 0711512019 07/15/2020 _ I AGGREGATE 5 4,000,000 mm�Reno 06D X I RETENTION D nnn ( AND EMPLOYERBENMIRON _ 7rAfjV LI{ITS V01 LIABILITY YIN B ANY PROPRIETORIPARTNERIE%ECI)TNE OFI'ICE/MEMBERE%CLUIJCUI N N!A WC201966611226 97ri26 i519 07115/2020 rl LACHACCIDEIIT E (ANndn1 qII NRI CL OIRCARE EA CMPI OYEf S 1,(100.000 II yee, do ko IN., nlPre N 1 oPg11ABQ y Ea�aw --- UI$r 1$C POLICY LlfAll S 1,000,000 1 OGSCRIPI'IONOFOPEnATIONSILOCAIIONSIVEIIICLEB (AlInc4 ACOfl0101, Addlllennlnmgvrkv Bchadnlv,Rmvrn enoco Nragclrvdl —� RE: Summer Night Lights Program City of Santa Ana, OIOCers, agents, employees, and volunteers are named Be additionally insured on this policy Pursuant 10 Written COLINIGI, agreement. or memorandum of understanding, Such Insurance as Is afforded by this pollcy shall be primary, and any insurance carried by City shall he excess and noncontributory. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation, REVIEWED & APPROVED By RISk MANAGEMENT DIVISION T,cnIP 1,111. ntlwcry GANGtLLA I IUN City of Santa Ana SHOULD ANY OF THE ABOVE DCSCB [jr•�yI�p(� I�' rLIICL rye '❑ }fit pL Risk Manvilanient Division ACCORDANCE THE IWI HTHE POLICY ATE THL. RP ROEIS54T , 2.0 Civic Cenler Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 1 Rodrigo Banuelos " (� 0)1980.2010 ACORO CORPORATION. All rmlitR reverved. ACORD 25 (2010105) 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 Information required to complete this 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 shall not increase the applicable Limits of Insurance shown In the Declarations. REVIEWED & APPROVED By Risk MANAGEMENT Divisi0N FRANCINE R. VILLAREAL CG 20 26 0413 0 Insurance Services Office, Inc., 2012 Page 9 of 9