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HomeMy WebLinkAboutSANTA ANA BUSINESS COUNCIL, INC. - 20171NSURA4ib 4101 REQUIRED N-2017-175 WORK MIP PRWIFED CLEAR OF 0490t QATEt SEP 12 2117 CITY OF SANTA ANA 0: C DA (0) DONATION AGREEMENT WTTH SANTA ANA BUSINESS COUNCIL, INC. 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on this day of August, 2017, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Santa Ana Business Council, Inc., a California domestic non-profit corporation ("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 with the Santa Ana's 2d Annual Downtown Spirit Awards held on Saturday, June 3, 2017. The sponsorship will serve to reimburse the Recipient the cost of event expenses related to the prizes awarded to the winning teams from the Santa Ana Unified School competitors. The prizes will provide funds to be used for various uses such as purchase of uniforms, costs to cover field trips to museums or college fairs and other enrichment opportunities. The Parties wish to enter into this Agreement to establish the teens and conditions under which the City will provide funding for such program. 2,2 Public Purpose. The City believes there is a public purpose in supporting the Community Benefit because the 2nd Annual Downtown Spirit Awards promoted business and community and provided a chance to give back to the community and give to the school teams directly amplifying their support and opportunities. The foregoing is a general description of the public purpose, and is not necessarily the only public propose to be gained from the Community Benefit. TFRMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with One Thousand Dollars ($1,000.00) because the City has determined that there is a public purpose to be served in supporting the Community Benefit. The funds shall be used to reinnburse founds expended in accordance with the Sponsorship Letter of May 5, 2017, along with supporting documents of funds, attached hereto as Exhibit A and incorporated herein by this reference. In executing this Agreement and receiving the funis, Recipient agrees that the funds were used only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient have failed to use the finds 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 `I'errn; Terrrninsrtion of Aereemcnt. This Agreement shall take effect on the date fist above written and remain in effect unless and until terminated by the City. 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 finds provided to CITY OF SANTA ANA DONATION AGREEMENT - SANTA ANA 2ND ANNUAL DOWNTOWN SPIRIT AWARDS Page 2 of 4 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 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' 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' 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. CITY OF SANTA ANA DONATION AGREEMENT - SANTA ANA 2'D ANNUAL DOWNTOWN SPIRIT AWARDS Page 4 of 4 Exhibit A Payment Documentation sd17 Check Image- Citibank Il Print a Copy ATMICabit Card: As arOB44.201710:03 EDT SERVICES Check Details Account Check Past date Amount Checking: 4886 2435 06/12/2017 $ 500.00 p^Business ", Ln ' I' 9EAIA And aa6Ial, Csonclii In, �OMm iasf'.W 1 CJ/.N.0 .w Wnunna•Cn acral 21w 2 35 e4e�Y��uyLI�11h�Y. .M443�YIry /j l �)1y2.R/1/1� DATE (/��O )\�.9�F'i•I'/ 0,AY y,[/�6N 11i,/ Ll f2Q //LL Jrl'OJI(Flil�t.e.7Jrrh�t.�40� AMM �l!/./kL . 1$ /ppF"'X� ,e"i�cQi Jt�JtyQ GC. /2icR-.- cmo �n.xr.3 u ei ue'wae lu4lrv. I.w 6 F5. *x urs. _ "a .—� .. _._.. _ _ eon.-P(•et,(`R*UA/<R 3nQ �O�rytS4._ U 017 .... _.,......__...,. _..... _. .. .: `s?, iA”. r., .. :"✓:'7[.x:'4?P,•.t.'9::',2'.A:ei.'_:.�::....,w;t'.�'l'.:-r„l..in r: .� t��-„„„ryryry Y�J 9 3 a Ms Dano Ina m DR rycg�g i Security TIP: Check Image files may be automatically saved on the hard drive of this computer. If other people use this Camputer you should delete these files so that no one will have access to your check Images and account information,ea �1 m 1. haps:(/onitrio.cfli,coni/U S/us ba/cllprosentChockirnago.do 1/1 ,(294'2917 &1111146 1 ATMlbebit Card As of 06-14.2017 10:03 EDT smius Check Details Chock Image- Citibank Print b Copy Account Check # Poet Data Amount BBu`/ssiiness Checking: 4886 2494 06/12/207,7 $750.00 ��' '�'�i'^sT`.5I"' .'4 i'CSi'' :1"` '�?9.'7;'_'E.?v.:i�^L'+. "�'Y 'VlC?b'�'.`Y PS.`Si"Ra,•l •..:"':`"Le.G_:.d:^ sant Mn BuelneeG Council, Ino, Q61]1Ge j nwsur4mavnm s�naM,. cn nloi l`n'o 7 7434 eonn;,uu JVR%, tl �Mxruu �,lm:Me c:.x IF v Ftl,,cll ,�...r FIIWMIFNA IBI IIBH GierF.Y Moi . ye! t, � .... •�CgRt.n- c.�.. r: rn-...t�;r'f';,7'. :�T'.y •::7". .'t(, *.C: w HM OHIO mu tu�u+s: to cnl � €v Security Tip: Check Image fll<es may be automatically saved on the hard drive of tills computer. If other people use this computer you should delete these files so that no one will have access to your check Images and account information. 1=C'&M more hltpsa(ord ina.citi,com/U Siueba/cl/presentCheeldmage.do 1/1 Names Address; City of Sonto Ana Community Development Agency — M-25 Downto,wri Even' Sponsorship Request 20 Civic Center Plaza, 61h floor Santa Ana, CA 92701 (714) 647-5479 to City, State, Zip. Phone NN, MEW Name: -- Tax -Exempt Status*, is your organization a nton-profit or public tax-exempt organization as defined under Section 501 (c)(3) of the Internal Revenue Code? Select One: Yes— <'= NpIf yes, Tax ID #; _aQ_OtL5__A _01/__ If no, you will only qualify for a credit for City-reiated costs for your request (i.e, permit fees, skiff time, rental rates for k)aiflties; or equipment, etc.), Costs for City services vary and if approved, credit may or may not cover full cost of requested City sevices, p Direct Payment Amount Requested City Services Credit Arnount Requested Event Name-. I Event Date: Event Time: Event Location:"7k ' a a Description of Event/Purpose; Community Benefit: Applicant Signature13 4� Date: tplo//Z � Return comolet cl form to Victor Negrefe at: viiegreto@sanio-cino.org SAIS SANTA ANA BUSINESS COUNCIL, INC �; �xemanag ii'eetrcroa mxd emnmua<Xy May 5, 2017 City of Santa Ana Community Affairs in care of Victor Negrete 20 Ross Street Santa Ana, CA 92701 Between the month of May and June Santa Ana Business Council will be celebrating this year's Downtown Spirit Awards for our four participating Santa Ana Unified School Competitors which includes, Godinez Fundamental High, Valley High, Santa Ana High and Heninger Elementary. The event will include a video of each team's flash mob video, inspirational speech talking about the spirit awards with the community, trophy's and sponsorship awards which will be given in the event. Though we are providing most of the funds for our event, we need support to pay for the First, Second and Third place awards for our winning teams. Our organization's mission is to promote business and community. This Spirit award gives Lis a chance to give back to the community and give to our school teams directly amplifying their support and opportunities. Events like our this allow our youth to purchase uniforms, to participate in field trips to college fairs, museums, and other enrichment opportunities. In supporting this effort, it helps to show our youth that we believe in their success. We would be extremely grateful if you could support our 2017 Downtown Spirit Awards. We anticipate at least 100 people attending this event, which will take place at the Frida Art Cinema House on 4`h Street. If you support us, we will include the City of Santa Ana's Logo in the Introduction Video and allow you to speak about the City's support of community when you give out your award. Besides other marketing opportunities for your logo to be placed as a partner on our website our organization of merchants plan on continuing to recognize the importance of partnering with our organization and highlighting these specific contributions to our community, The amount you give is completely up to you. Currently, we have three award amounts we need to raise, 1" Place is 1,000.00, 20' Place is $750, 3rtl Place is $500. The following are some options to consider when considering our sponsorship request: If you are interested in sponsoring our Downtown Spirit Awards, please give us a call or email or simply mail your contribution to the address listed below. Feel free to contact us with any additional questions, Thank you for your time, The Executive Board of Santa Ana Business Council Raul Yanes - President Sam Romero - Vice President Claudia Arellanes - Secretary Barbara Rooker -Treasure N-2017-175 CITY OF BANTA ANA DONATION AGREEMENT- SANTA ANA 2"D ANNUAL DOWNTOWN SPIRIT AWARDS Page 3 of 4 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: AMARIA D. HUIZAR. Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVA:LHO City A,ttor,�ie By: � — Ryan 0. o g Assista t ityA.tomey RECOMMENDED FOR APPROVAL: Robert M. Zur Sca 'ede Interim Executive 'rector Community Development Agency CITY OF SANTA ANA CYNTHIA J K Interim City Manager "RECIPIENT" SANTA ANA BUSINESS COUNCIL, INC. II "�- Naz c: Title: