HomeMy WebLinkAboutHISPANIC 100 FOUNDATION (2) - 201712 2 20%
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Julie Castro -Cardenas
1. PARTIES AND DATE,
CITY OF SANTA ANA
DONATION AGREEMENT WITH
HISPANIC 100 FOUNDATION
N-2017-271-10
This Donation Agreement ("Agreement") is entered into on DECEMBER 19, 2017 by and
between the City of Santa Ana, a municipal corporation ("City") and HISPANIC 100 ,
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 PROVIDING THE YOUTH & GOVERNMENT PROGRAM WHERE SANTA
ANA YOUTH LEARN ABOUT LEGISLATION AND HOW TO ADVOCATE FOR THEIR
COMMUNITY ("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
VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it
WILL SUPPORT ON-GOING PROGRAM SERVICES AND SUPPORTS THE COST FOR
THE UPCOMING CONFERENCES THAT WILL EMPOWER YOUTH BY EDUCATING
THEM IN LEGISLATION. 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
TWO HUNDRED DOLLARS ($200), because the City has determined that there is a public
purpose to be served in supporting the Community Benefit. In executing this Agi-ceinent 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 otherwisc comply fully with the teams 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 inumediate return of all funds
provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%)
per annurn. 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 Cit 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 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 21
N-2017-271-10
CITY OF SANTA ANA
By:
Raul odinez I
City Manager
Maria D. Huizar
y
Clerk of Ae Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
i
By: z
Jbhn M. Funic
Assistant City Attorney
HISPANIC 100 FOUN ATION, a 501(c)3
NON-PROFIT OR NIZATION
EXHIBIT 21
City of Santa Ana
Donation Request
Name: _ Roman Reynal Mario Rodi
Address: pp Fox 194
City, sesta, ztp: I San Clemente, CA 92674
inrod262@yahoo.com or
Name: , Hispanic 100 Foundation
City Manager's Office— U-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 9,2702
(714) 647.6200
Lead
(714)865-9118
Sax-Exompt 9W#ua: Is your organtzatlon a norE-praftt or public tax-exempt organ/ _fF0n as efact Ona: f �� ❑
9efined under Sectlon 501(c)(3) o1 the Internal Revenue Code? , Yea [f
No
No, you will only qualify for a credit for City -related costs for yourrequest (f. e. permit fees, } Yom"""""'"""
;tall time, rental rates forfactlities or equipment, eto.).Costs for City services vary and if
approved, credit may or may not cover full cost of requested C@y services. �faxl1 46-1962620
9s • a
City Services Credit
Date Needed-'-
1SAp,MayorlGounuilmembar., S
rNmount Requested: I r ( ,
Requested: 200 Event Date: on-going vantTime: on-going
I
vent Locaticm Funds will help cover on-going cost for the youth program, but will epeeiftcally c&ver
Address, City, ware,the cost of conferencesto prep youth for legislation training in Nov., Jan., and Fehr.
Many Santa Ana youth will participate in the Youth & Government Program and
Event/ of
Event/ Puractivities that including training on how to create a bill and help pass it. There are
I
three upcoming conferences that will train youth and help them launch bills.
Santa Ana youth will become empowered by the education, trailing, and leadersnlp
Community Benefit: skills, that they will earn from the Youth & Government Program. 'Phis will also
provide,insight on legislation, networking, self-esteem, and publick speaking skills.
[AppnaantSignaturd iDafa 1116117, ._
• • s
city Manager's office — M-31
20 Civic Center Plaza
P.O. Box 1989
Santa Ana, CA 92702
Email: donationreques%santa-ana.org
Fax: (714) 647-6964
Donation Request r;R: OR • ._ . _.. December 19, 2017
,. .., .._. I council Meeting Date I
Owbilityi clot _ _...., Yes r NO YES Approved Amount:
—.. _
I
LKy lWanagar Signature: � Cats
Ge__ _. ___ ...__. _ _ILD
;200
Revised 01/05/2017