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Home My WebLink AboutSANTA ANA UNIDOS BOXING CLUB (3) - 20170 .2 1 2011 0; CMO (/) Julie Castro -Cardenas 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA UNIDOS BOXING CLUB N -2017-248-F 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 UNIDOS BOXING CLUB, 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 PROVIDING ON-GOING SERVICES TO AT -RISK YOUTH IN SANTA ANA AND HOST A CEREMONY HIGHLIGHTING SANTA ANA ROLE MODELS ("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 SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it PROMOTES ALTERNATIVES AND EFFECTIVE FORMS OF YOUTH REHABILITATION PRORGAMS TO COMBAT INCARCERATION AND HIGHLIGHTS POSITIVE ROLE MODELS THAT HELP YOUTH ATTAIN SUCCESS. 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 ONE THOUSAND DOLLARS ($1,000), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. hi 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 fiends for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to tenninate this Agreement and demand the return of the fiends 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 termination of this Agreement. Exhibit 21 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'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 terninafron 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 terns 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 21 CITY OF SANTA ANA By. " M�qe_ Raul Godinez City Manager Maria D. Huizar NOF Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: '/ �� M. Funk Assistant City Attorney N -2017-248-F SANTA ANA UNIDOS BOXING CLUB, a 501(c)(3) NON-PROFIT ORG IZATION By: Signature xz'�4hl 1 !� Name iz"e7 Title Exhibit 21 City of Santa Ana City Manager's Office—M-31 y 20 Civic Center Plaza ry !T^ Donation request P.O. Box 1988 Santa Ana, CA 92702 ,r„ ""`'-'""" (714) 647.5200 Z,ontaitt Inforinn-at—lon Founder Name: Johanthan R. Hernandez tle: and Executive Director (Address: `422 E, chesut Ave, Unit # A tn 1clty, state, z1P: ( Santa Ana, CA 92701 (Phone: [ 657-261-1653 Email: santanaunidos@gmail.com Fax: Name: Santa Ana Unldos Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization asrr r defined under Section 501(c)(3) of the Internal Revenue Code? Select One: 1 Yes ❑ No If No, you will only qualify fora credit for City -related costs for your request (i.e. permit fees, If Yes, f staff time, rental rates for facilities or equipment,etc.). Costs for City services vary and if ]47-5211563 full City ID #: r cost of requeservices. ax approved, credit may or may not cover Donation City Services Credit '.. Requested: $ (Date Needed: 10/28/2017 Mayor/co uncilmember. Sarmiento mount Direct Payment Amount Requests d: $1,000 000 Event Date 10/28)2017 'Event Time: 6:00 PM -10:00 PM ( [Event Location 505 E. Central, Santa Ana, CA 92705 (Address City, State, Zip To promote alternative and effective forms of youth rehabilitation programs to incarceration. Description of Event Purpose: award ceremony to highlight positive Santa Ana role models who came from our local neighborhoods and attain success and recognition for their achievements. Emotional development for youth and engagement of community to address the [Community Benefit: underlying conditions that contribute to gangs and deteriorating neighborhoods. APPlicant.Signature - �yp �p�y�y�Z _— — Date____—__ 110/19/2017 - - _—___—_—____—__-__—.__.—._____..—___._ Mail: City Manager's Office —M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 DonationryRequest#. ( DR - I NOVEMBER 7,2017 Council Meeting ate: h'eio-renc2:F an a(( 'e led OPVs D I'E$ Approved Amount: Eligibility Met: i YES MO- I $1,000 I City Manager Signature: Date. EXHIBIT 6