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Home My WebLink AboutHISPANIC 100 FOUNDATION (3) - 2017�f7 jay 22 2018 t� a: Cmo (d ) Julie Castro -Cardenas 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT WITH HISPANIC 100 FOUNDATION N-2017-271-05 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(e) 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 SARMIENTO, 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. TERNts 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 he served in supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient agrees to use the funds only for the propose described and subject to the teems and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terns 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 Tenn; 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 riop 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 Agreennent, as well as interest at the rate of ten percent (10%) per annum. Notwithstanding the foregoing, the indenv7ification [rrovisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 16 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 16 N-2017-271-05 CITY OF SANTA ANA By: Raul o � City Manager Attest: By: �Maria D. Huizar t Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: 01-1 , 9 hn M. Funk Assistant City Attorney HISPANIC 100 FOUNDATION, a 501(c) 3 NON-PROFIT ORGAATION By: EXHIBIT 16 C Y' �^ddress: ity, Stara, ZIP: lEmen:• __.__, City Manager's office—W31 City of Santa Ana 20 Civic Center Plaza Donation Request P.o. Box leas Santa Ana, CA 82702 (714) $47.5200 Roman Reyna! Mario Rodriguez rtna: # Lead PO Box 194 San Clemente, CA 92674 mrod2_6"S afioo.com or p. Name: � 13is anic 1pp Foundation a Tax -Exempt Status: is your organization a non-profit o. �, eflned under Section 501 (o)(3) of the Internal Revenue as eaiect one: Will only qualify for a credit for City -related costs for yourrequest (to. permit fees, Y rental rates forfacilitles or equipment,etc.).Costs for City services vary and r7 [f -_.ss credit may or may not cover full cost of requested City services. �Tax ID #: (714) 865-9118 ® Yes 0 No 46-1962620 Ity Services Credit h3ate Neadod: ASAP a ortCellmember. oun�►aN"�V ,Amount Requested: I j Direct Payment Amount Requested: P 500 vent Data: on-going vent rima: Event Location: Address, City, State, Zip Description of Event / Purpose: Community Benefit !Applicant Signature: Funds will help cover on-going cost for the youth program, but will specifically cover the cost of conferences to prepyouth for legislation training in Nov., Jan., and Febr. Many Santa Ana youth will participate in the Youth & Government Program and activities that include training on how to create a bill and help it pass. There are three upcoming conferences that will train youth and hlep them launch the bills. .a Ana youth will become empowered by the education, leadership skills, that the learn from the Youth & Government Program. This will also provide insight on ilatiop,, networking, self-esteem, and public speaking skills. _--- ate 11/6/17 Revised 01/0512017