HomeMy WebLinkAboutSANTA ANA KIWANIS CLUB FOUNDATION - 2017N -2017-248-H
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CITY OF SANTA ANA
0212017 DONATION AGREEMENT WITH
SANTA ANA KIWANIS CLUB FOUNDATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on NOVEMBER 7, 2017, by and
between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA KIWANIS
CLUB 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 to assist
Recipient in A HOLIDAY EVENT FOR NEEDY CHILDREN FOR THE HOLIDAY SEASON
("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 SOLORIO,
believes there is a public purpose in supporting the Community Benefit because it SUPPORTS THE
COMMUNITY TO GIVE BACK TO CHILDREN IN NEED DURING THE HOLIDAY
SEASON. 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 fluids. 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.
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
Exhibit 23
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 fonns shall be provided on fonns, 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 snits, 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 23
CITY OF SANTA ANA
By;V'"'
Raul Godinez
City Manager
Attest
U hg
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
BY:— /IV U11A
hn M. Funic
Assistant City Attorney
SANTA ANA KIWANIS CLUB
FOUNDATION, a 501(c)(3) NON-PROFIT
ORGANIZATION
By, < l�
Signature
D�V'!� PDDR
Name
Title
N -2017-248-H
Exhibit 23
Cit of Santa Ana
nar's Off
City Ma 20 Civic Celnter Plaza
sr
Donation Request
P.O. Box 1988
Santa Ana, CA 92702
9 U
® s e
IName. David Poole'Itle:
Traa9uror
Address:
(iso BOX 1256
city, state, zip:
Santa Ana, CA 92701 Pnane: ��
714-558-1921
amen:
david@poolefosterdul.com Fax:
714-558-1626
Name: Santa Ana Kiwanis Club Foundation
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as�fSelect One:
defined under Section 501(c)(3) of the Internal Revenue Code? t
r ® Yes 0 No
If No, you will only qualify fora credit for City -related casts foryour request (to. permittees, If Yes,
tafftime, rental rates for facilities or equipment, etc.). Costs for City services very and if
approved, credit may or may not cover full cost of requested City services. ax lD#:
1956060395
Ea ♦ -♦
�_—.,-..___. �.______.._��.�___--_
Cliy Services Requested: C500 Date Needed: 10-15-17 Mayor/Councilmember: Solorio
Amount icesCredit Lg
Requested: � �.___._._..
Direct Payment Amount Event Date: 121317 vent Time:
i
9pylyl
Event Location,. Target Store 3300 S Bristol, Santa Ana, CA 92704
Address, City, State, Zip
Description of 2017 Holiday Shopping Spree - Buying Holiday gifts for very needy children
Event I Purpose:
We sponsor a holiday shopping event for needy children from several elementary
Community Benefit. schools in Santa Ana. The children shop for family gifts, $100 each.
(Applicant Signature: ` ... D
Date:
0-3-17
♦--. 1 .
Mail: City Manager's Office- M-31 Email: donationrequest@sante-ana.org
20 Civic center Plaza Fax: (714) 647.6954
P.O, Box 1908
Santa Ana, CA 92702 V
Council Meeting Date:
1 Donation Request €d OR
NOVEMBER 7, 2017
EIIgIBillPy @tet YES No YES Approved Amount.
$500
City Manager Signature
Revised 01/05/2017
EXHIBIT 8