HomeMy WebLinkAboutDELHI CENTER (3)-20172 1 2011
O: CMO ( 1 )
Julie Castro -Cardenas
PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT WITH
DELHICENTER
N -2017-248-E
This Donation Agreement ("Agreement") is entered into on NOVEMBER 7, 2017, by and
between the City of Santa Ana, a municipal corporation ("City") and DELHI CENTER, 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 FOR THE DELHI CENTER'S TEENS
ENGAGED IN LEARNING AND LEADERSHIP PROGRAM FROM AUGUST 2017
THROUGH JUNE 2018 ("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
PROVIDES GANG PREVENTION PROGRAMMING THAT USES LEADERSHIP
DEVELOPMENT, INTERNSHIPS, AND COMMUNITY SERVICES TO TRAIN TEENS TO
OVERCOME BARRIERS. 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. 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 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.
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
Exhibit 20
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 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 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 20
N -2017-248-E
CITY OF SANTA ANA
By. ) t✓
Raul Godinez
City Manager
Attest:
Z
By:
I/ Maria D. Huizar 4
/ ' Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: Ww wv,T
hn M. Funk
Assistant City Attorney
DELHI CENTER, a 501(c)(3) NON-
PROFIT ORGANIZATION
a
By: `� a --c
ign ure
Jennv Rios
Name
Executive Director
Title
City of Santa Ana
i
Donation Request
City Manager's Office- M-31
20 Civic Center Plaza
P.O. Box 9988
Santa Ana, CA 92702
(794) 8475200
Name: Jenny Rios
�ddross: 505 E. Central Ave. - -
(city, state, zip: Santa Arl 82707 Phone: 1714-481-9601
Email: jjennyrios@delhicenter.org Tax: 714-481-9698
Name: (Delhi Center
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as mlect One:
lefined under Section 501(c)(3) of the Internal Revenue Code?
If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, f Yes,
mail time, rental rates for facilities or equipment, etc.). Costs for City services vary and if ff Yos
tpproved, credit may or may not cover full cost of requested City services. If
to #:
City Services Credit
mount Requested:
Direot payment Amount B 1,000
Requested: --.---- -----
Needed: 111-30-17
Date: 18/1/17-6/30/18 (Eventrime:
® Yes ❑ No
952620952
Event !notation:
i 505 E. Central Ave.
Address, City, State, Zip
Santa Ana, CA 92707
Teens Engaged in Leaming and Leadership is a gang prevention program that uses leadership development, internships, and
Description of
community service to train teens to overcome risk factors for gang Involvement and to develop skills to help them succeed.
Event I Purpose:
Participants will complete 30 hours of classroom training, 80 hours of internship work, and 100 hours of volunteer service and
will receive a $500 scholarship for completing all requirements.
Pe4icipants ages _t -4._.__a -wl..ga.i.n.l.a_b— tra_n.—g a_nd —expe—ctanc_e..by asis-ttingg-w_ih _the- i_m_pla—a-n_ta_tlon of programs and services oHared et Delhi
Community Bmnmfit:
Center. Teens will be exposed to a variety of work-reirsed tasks and skills and will make a meaningful contribution to the community through
their service. A total of 22 teens will he served from throughout Santa Ana and $2,500 will cover the cost of a scholarship for 5 of the 13
teens who live in Ward 1.
cant Slgnatare:,� �x ��_ Date: �p141(,�USt 7, 2017
Mail: City Manager's Office -M-31 (Email: donationroquest@santa-ana.org
20 Civic Center Plaza Fax: (714) 647.8954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request 9: DR INOVEMBER 7 2017
1 Council Meeting Date: ,
RvYnrence # r,r, 4+i rela¢ed LJPVs � ' 1
_ -.. .. r.. ..... _. _.. .._ .. ... _.. .. _. .. __...
Eligibility Mat; YES t NO YES Approved Amount:
$1,000
City Manager Signature- - Dante:
Revised 0110512017
EXHIBIT 5