HomeMy WebLinkAboutSAINTS BASEBALL BOOSTER CLUB - 201707 11* 22 20S
O., CM0 (/)
Julie Castro -Cardenas
1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SAINTS BASEBALL BOOSTER CLUB
N-2017-271-08
This Donation Agreement ("Agreement") is entered into on DECEMBER 19, 2017 by and
between the City of Santa Ana, a municipal corporation ("City") and SAINTS BASEBALL
BOOSTER 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 AN ANNUAL BANQUET IN JANUARY 13, 2018 FOR THE
ATHLETES AND FAMILIES TO PROMOTE HEALTHlFITNESS AS WELL AS THE
IMPORTANCE OF EDUCATION ("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
BENAVIDES, believes there is a public propose in supporting the Community Benefit because it
SUPPORTS COMMUNITY PRIDE, PROVIDES A POSITIVE RECREATIONAL
ACTIVITY FOR STUDENTS, AND HIGHLIGHTS THE IMPORTANCE OF EDUCATION.
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 THOUSAND DOLLARS ($2,000), 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 Tenn; Ternination 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 (I Q%)
per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall
survive any expiration or termination of this Agreement.
EXHIBIT 19
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 Clty. 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 19
N-2017-271-08
CITY OF SANTA ANA
By:
Raul Godinez I
City Manager
Attest.
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: -"- lYv,
M. Funk
Assistant City Attorney
SAINTSAS BALL BOOSTER CLUB, a
501(c) 3 O PROFIT ORGANIZATION
Karina 51Mene?-
Print Name
SeGl�ekrn�- �61Gn.Q�Y'
Title
EXHIBIT 19
City of Santa Ana
Donation Request
City Manager's Office– M•31
20 Civic Confer Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647.5200
Name: KARINA JIMENEZ Itle: SECRETARY
�ddrsss:_J9529 CEDAR ST.——
lCltyState, Zip: ANA, CA 92707
, —1819-889-7520 - 1 --
[Emall: KONABME@YAHOO.COMI.._.........._—..�_...,_......„.._....
Fax:
o!1 11,1111 A 1111o11,11a
Name: (SAINTS BASEBALL BOOSTER
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as
defined under Section 501(c)(3) of the Internal Revenue Code?
elect One:
Yes No
If No, you wilt only quallfy for a credit for Cliprelated costs for yourrequest (is. permit fees,
tafftime, rental rates for facilities or equipment, etc.). Costs forCRyservicesvaryandit
pproved,creditmayormaynotcoverfullcostofrequestedCityservices.
If Yes,
ax ID 0:
�46-2869772
Event Data. 01!13/2018
$2,000
(City os Credit
IARRequested:
($2>000
I Date Needed:
I
Mayor /Councilmsmb....e...r:..,fj
BCR
2Vlt26mount
ento not
. .
�I'
Event Data. 01!13/2018
$2,000
Mmpayment
oquSeetrveldc
Date:
...........
Event Location:
520 W WALNUT ST SANTA ANA, CA 92701
Address, City, SMte, Zfp
Description of
ANNUAL SEASON KICK OFF BANQUET FOR STUDENT ATHLETES AND
Event/Pnrpass:
THEIR PARENTS.
THE 2016 SEASON KICKOFF BANQUET IS SET TO TAKE PLACE IN JANUARY THIS COMING YEAR, THIS IS AN OPPORTUNITY FOR
Benefit: STUDENTATHLEfEr� `AND THEIR PARENTS TO COME TOGETHER, GET TO KNOW EACH OTHER BETTER AND START THE
SEASON OFF WIT( -(ENTHUSIASM AND UNITY. THE BANBANQUET ALSO ENSENTIFIED THE STUDENT ATHLETES TO PERFORM
BOTH ON ANO OFFFFjjj TH FIELD,
Mall: City M„ ._—...._....,_.._� ..._....o, -_...._.
anager's Office –M•31 Email: donationrequsst{�santa•ana.org
20 Civic Center Plaza Fax: (714) 647.6664
P.O. Box 1988
Santa Ana, CA 82702
rl �i7 ,3_41 f ti _ k.._Ar, _:m�
5ai,..- a'C. �. 'td 4+,�',�, sem`'•
Donation Request #:
R frrmro VF on aft telmad APVa
DR -
Council Meeting Date;
December 19 20)7
Eligibility Mot
YES I NO Yes
Approved Amount:
$2,000
City Manager Signature:
Date:
Revised 01/05/2017