HomeMy WebLinkAboutCALIFORNIA INDEPENDENT PROVIDER TRAINING CENTERN-2017-271-06
2420%
O: CMO (d ) CITY OF SANTA ANA
,lube Castro -Cardenas DONATION AGREEMENT WITH
CALIFORNIA INDEPENDENT PROVIDER TRAINING CENTER
1. PANTIES AND DATE
This Donation Agreement ("Agreement") is entered into on DECEMBER 19, 2017 by and
between the City of Santa Ana, a municipal corporation ("City") and CALIFORNIA
INDEPENDENT PROVIDER TRAINING- 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 HOSTING AN AMERICAN RED CROSS ADULT &r CHILD FIRST
AID/CPR/AED TRAINING EVENT ON DECEMBER 13, 2017 IN SANTA ANA ("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
SARMI'ENTO, believes there is a ;public purpose in supporting the Community Benefit because it
PROVIDES AN OPPORTUNITY FOR INDIVIDUALS TO LEARN LIFE-SAVING SKILLS
ON HOW TO HANDLE EMERGENCY SITUATIONS. The foregoing is a general description
of the public purpose, and is not necessarily the only public purpose to be gained front 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
reeeiving the funds, Recipient agrees to use the funds only for the purpose described and subject to
the ternis 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.
EXHIBIT 17
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 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 17
N-2017-271-06
CITY OF SANTA ANA
By:
Raul Gorlin z I ;
City Manager
• .l`.!J
CouncilMaria D. Huizar
Clerk of the d
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: j V
ohm M. Funk
Assistant City Attorney
CALIFORNIA INDEPENDENT
PROVIDER TRAINING CENTER, a
501(c) 3 NON-PROFIT ORGANIZATION
By: _ I R
Signatur
Yvonne Olivares-Maldonado
Executive Director
EXHIBIT 17
Cit
--`--'c;s City of Santa Ana 2a 20CWrc Center Plaza
Donation, Request P.O. Box 1988
Santa Ana, CA 92702
(714) 847.5200
• • a
._,_area._— _,...._._.._, _......,_,_..._. _....._......... _.._. tI ._ ,.. _.... w._._._.._.............—....�.__.._......_.
erne: -�Yvanne Olivares-Maldonado �rlde. (Executive Director
pdneas: (3600 Lime Street, Suite #726 _
�Clty, state, zip: I Riverside, CA 92501 hone: 187741O-0576
FEmall: lyvonne@caiptc.org Fax:
1951-782-0878
Cahfornta IndB'._.._m_._._
(Name: pendent: Provider Training Center (CAIF'TC).
Tax->jranrpt StaWs: Is your organization a norrprom or pubio tax-exempt orgy gwn as ®®
defined under Section 501(c)(3) of the Internal Revenue Code? j/ Yes No
If No, you will only qualify fora credit for City -related costs for your request (i. a, permit tees, f Yes, "9
�I E! 7 A
!45-5147214 stafftime, rental rates torfaoNitios or ogtdpment, otc.).Costs for C8y services vary and If 4 st
4
_�
approved, credit may or may not coverfu8 cost of requested City services, I"IDfit: i`i 1`t/
®.
i -^ayorlCounclimember:nSarmientoµ
HCl"ount
aau�rak__.__—PDateNeedea (I�-
Duque Paymem Amount 5��.17vent Das4: 112/13/2017
i
(Eventvime:—'IQBt'n-3I'll
Requested:
;wnt Location: F333 CivIC Center W, Santa Ana, CA 92701
(Address, Cxyc slate, 2tr
I
_
l— American Red Cross Adult and Child First Ald/CPR/AED Training
Description or i
Event f Purpose: Upon successful completion of the course, participards will earn a certificate from the American Red Cross that's valid for
two years from the date that the class was taken. (
�I
Participants learn life-saving skills an how to handle Cardiac, breathing or first aid emergencies.
Commumq Benefit..Many of the participants that attend our classes care for seniors and people with disabilities,
including disabled children in Santa Ana and the surrounding communities.}
/ -7
(Applicant signature. __. .'. ,,. (Date ii i 01, /-
Mail: City Manager's Office— M-31 .._ Email:onationrequestasantaana.org
20 Civic Center Plaza Fax: (714) 647.6954
Bax 1988 III
(,
San
Santa Ana, CA 92702 j
2�':.'«_� �'� `3i` r rti P a.� b > " a� ', s' a. y `» r �` Ft45�`
w=5i_....u_.. r �sL
. ._. _ e ... c_A'T .vy, fl.c.3 ..t.ei 4*
r
Donation Request# DR ^ 1 Council Mooting Date. December 19, 2017
2erersnaa N urt apt rkfefAd-,C'Va'
Eligibility Met: _ YEs / NO YES :'. Approved Amount: $500
lDate:
1_CfiY Manager Signature:
1
---------------
Revised 01/05/2017
EXHIBIT 6