HomeMy WebLinkAbout29A - DONATION AGMTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
APRIL 17, 2018
CLERK OF COUNCIL USE ONLY:
TITLE:
APPROVED
DONATION AGREEMENTS WITH
❑
VARIOUS ORGANIZATIONS TO
p
SUPPORT COMMUNITY EVENTS AND
El
PROGRAMS
(STRATEGIC PLAN NO. 5,4)
r_r�A
CITJAAANAGER
RECOMMENDED ACTION
As Recommended
As Amended
Ordinance on 151 Reading
Ordinance on 2nd Reading
Implementing Resolution
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute agreements with various
organizations in support of their community events and programs, subject to
nonsubstantive changes approved by the City Manager and the City Attorney, as follows:
a. UC Berkley Chicano Latino Alumni Association in support of on-going educational
outreach for youth in Santa Ana, in a one time donation amount of $500
(Councilmember Sarmiento);
b. Charitable Ventures of Orange County in support of the Cesar Chavez Celebration
& Resource Fair at Campesino Park in collaboration with the Santa Anita
Neigborhood Association, in a one-time donation amount of $250 (Councilmember
Solorio);
c. Charitable Ventures of Orange County in support of the Bella Vista Neighborhood
Association's Movie Night event, in a one time donation amount of $330
(Councilmember Benavides);
d. American Cancer Society in support of the Relay for Life event, in a one-time
donation amount of $500 (Councilmember Tinajero);
2. Approve a donation from the Santa Anita Neighborhood Association to support the Cesar
Chavez Celebration and Resource Fair on March 31, 2018, in the amount of $276 in City
services credit (Councilmember Solorio);
29A-1
Donation Agreements with Organizations to
Support Community Events and Programs
April 17, 2018
Page 2
DISCUSSION
On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event
Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and
policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities
for consideration of City Council sponsorship.
In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per
fiscal year to support eligible organizations, including neighborhood associations and non-profit
organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal
Revenue Code are eligible for in-kind funding for City Services.
The donation agreements listed above are in response to the Donation Requests (Exhibits 1-5)
submitted by various community organizations or neighborhood associations to the specific
Councilmembers, seeking sponsorship for community events and/or programs. The
Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events
through the Special Event Sponsorship funds. Upon approval by City Council, the respective
donation agreements (Exhibit 6-9) will be executed.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability).
FISCAL IMPACT
Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2017-18
General Non -Departmental account (01105015-62300) as appropriate from each of the following
Councilmember's appropriated amounts for Fiscal Year 2017-18:
Councilmember Sarmiento
$
500.00
Councilmember Solorio
$
526.00
Councilmember Benavides
$
330.00
Councilmember Tinajero
$
500.00
29A-2
Donation Agreements with Organizations to
Support Community Events and Programs
April 17, 2018
Page 3
APPROVED AS TO FUNDS AND ACCOUNTS:
��Sl`�e ►`mac . � . _.
Francisco Gutierrez
L ,
Executive Director
Finance and Management Services Agency
EXHIBITS: 1-5. Donation Request Forms
6-9. Donation Agreements
29A-3
29A-4
a City of Santa Ana
Donation Request
State, zip:
.org
City
Office- M-31
Center Plaza
W. Box 1988
na, CA 92702
F74) 647-5200
Name: UC Berkeley Chicano LatinoAlumniAssociation on behalf of Affordable Cleari "g -House
--> 11
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as I1Sele—ct ones:
defined under Section 501(c)(3) of the Intemal Revenue Code? I - I Yes— —� No
1f No, you will only qualify for a credit for City -related costs for your request (i.e. permittees, If Yes,
tafftime,rentalratesforfadlitiesorequipment,etaQ.CostsforCityservicesvaryaodif L 47=1688249 +f
approved, credit may ormay not cover full cost of requested Cit services. I ax Ip�R:
(City Services CreditSarmiento
Date Needed: a
Myor/Couneilmember.
mount Requested: �
( 1 11
DRierqeuctePayment Amount 'F-_55100) SL_5_0_0��JIIhEv—ent a_e2.-_/.2._�1/-2-01-- !�jE�vent T_._._j_�J
bmme,
n II
Event Location: -
Address, City, State, Zip
_ I C IcanFi —o Latino Alumni Association Chapter launchOrange County)-
Description of organize chapter to host yielding events for
Event IPurpose: pity college students and to engage alumni,
Benefit:
Mail: City Manager's Office -M-31
20 Civic Center Plaza
P.O. Box 1988
Email: donation7equest@santaana.org
Fax: (714) 647.6954
school a' d commu
EXHIBIT
29A-5 I !evised011052017
Donation Request #:
f •. pp, -. �d nPli
IDR •
Meeting Date: I APRIL 17, 2018
Eligibility Met:
I YES I NO YES
EApprovedAmount: I $500
City Manager Signature:
Date: `
EXHIBIT
29A-5 I !evised011052017
29A-6
y": 8Ap
o {
a e�Cityof i
y y
Donation Request—
City
C �!
tl Atl'P'p
Manager's Office - M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647.5200
ilName: I Felipe Guerrero c/o Charitable Ventures of CC l[fitle• ;I President
- —
ddreas:. Mail to: CVOC 1505 E. 17th Street, Suite 101
city, State, zip: Santa Ana, CA 9_2705 i pn_o 714-566-5_513________
- -- -- I =_ _-- - . - —- -
Emau: go5fnano@aol.com / skutner@santa-ana.org Fax:
...
Name: 11Santa Anita Neighborhood Association c/o Charitable Ventures of CC w
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?
{ Select One:
�
�'
asap MayorlCouncilmember.
Solodo
Yes ❑ No j
If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees,
f,
YesID
I�
staff time, rental rales for facilities or equipment, etc.). Costs for City services vary and if
Direct Payment Ameunt
i
approved, credit may or may not cover full cost of requested City services.
ax #: ]20-8756660
Mail: City Manager's Office -M31 Email: donationrequest@santa-ana.org
20 Civic Center Plaza Fax: (714) 647-6954 I
P.O. Box 1988
Santa Ana, CA 92702
City Services Credit
DR -
Date Needed:
�'
asap MayorlCouncilmember.
Solodo
mount Requested:
q
Approved Amount:
250
I�
Direct Payment Ameunt
¢2551 O Event Date: I�IC
4/H/1H 1Oanl-ZpiTl
Requested:
�° I�ventTime:
Event Location:
Fampesino Park 3311 W. 5th Street, Santa Ana, CA
Address, City, State, Zip
The Santa Anita Neighborhood Association in collaboration with the City of Santa Ana hosted
Description of
Event) Purpose:
the Ces ar Chavez Celebration and Resource Fair event on 3/31/18 for the community. A total of
3 art-scapes were painted on the exterior walls of the facilities to beautify the park.
munity participated in the painting beautification project and were proud of the new artwork. In
Community, Benefit:
reserve the artwork, a anti -graffiti sealant is needed and will be provided by the local artist that .
rcreated
e artwork. The funds will go to cover the cost of the anti -graffiti paint.
Applicant Signature:fQQjf7g
.p ylq, Datee:
M /18
Mail: City Manager's Office -M31 Email: donationrequest@santa-ana.org
20 Civic Center Plaza Fax: (714) 647-6954 I
P.O. Box 1988
Santa Ana, CA 92702
Revised 01/05/2017
Donation Request #:
Reference ff on alf related DPVs
DR -
I Council Meeting Dale:
April 17, 2018
Eligibility Met:
YES I NO YES
Approved Amount:
250
City Manager Signature:
Date:
Revised 01/05/2017
29A-8
EXHIBIT 3
29A-9
ysW,y{ -:. City Manager's OfOce-M-3f
.1`k,�,7:...". City of Santa Ana 20 Civic Center plaza
�'_'",=]P. Donation Request P.O. ecx 1988
<•�,¢P Santa Ana,
CA 92702
(714) 647-5200
arae; ILeon,9. Jacobs G p Sym V�ir'1�1 hp lie: President
Address: rz �5i �• C f Sl It lD'
City, State, Zip:
F -,s0 y*j Af cA Ri-i65
phone:
(714) 745-6232
Emag:
Ieanjacobs20@gmail.com
• .
Nemo:
Bella Vista Neighborhood Association c!o Charitable Ventures O Count
Tax-Exempt Status: Is your organization a non-pmfit or public tax-exempt organization as
defined under Section 501(c)(3) of the Internal Revenue Code?
Select One•
_ Yea
❑ No
If No, you will only qualify for a credit for City-related costs for your request fie, pemJt fens,
tafrtima, rental rates fortacNlies or equipment,etc.). Costs for City services vary and If
approved, Credit may or may not cover full coal of requested City services,
Yes, VO-8756660
r11lD 4.
•.M1. ff. -.
Ity Services Credit
(Amount Requested:
IS —Dale
Needed:
IaSa p
MayorlCounctimember:
Benevides _. .
DI qct Payment Amount $ 330.00 Event Date: t 2-8-t 7 Event Time:
e uested: 5Pnl- Bpm
Location: Jerome Park 726 South Center Street Santa Ana CA 92704
F
s, Cky, Slafe, Zlp
.
Reimbursement for OCFA specielevent permit fee for.100+chidron and families to enjoy neighborhood
Description of
movie night featuring Moana. Event was planned with youth in government program and volunteer parent
Event/ Purpose:
leaders at Monte ElementaryVista School, adjacent to the neighborhood park.
All community members were Invited to attend. Events like these are much needed, especially In
F,,mu,,,YBenegt :
thsi area where existing Townsend civil gang injunction Is in place. Successful movie night drew
a large turnout on a Friday night. NA plans on holding additional movie nights duringg the
Appilcant Signature:
fsummer.
NIM-1.
Mail: City Manager's Office-M-31
Email: donaUonrequest@santaana,org
20 Civic Center Plaza
Fax: (714) 847.8954
P.O. Box 1088
Santa Ana, CA 92702
fr
Donation Request 0: j OR April 17, 2018
Reroroncn 0 nn A re/Md OPVs l I Council Meeting Date ; ;
Ellgihillty Met: YES INO YES 1 Approved Amount: 1 $330
City Manager Signature; Date:
Revised 01/0512017
EXHIBIT 3
29A-9
29A-10
City of Santa Ana
a,rt
Donation Request
City Manager's Orrice - M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647.5100
e • r Sr 3 �.-
-
•i
Name: Danny Garza
•Title:
1
Address: 11522 W Washington Ave
loved ones that have lost their fight.
City, state, Zip: I Santa Ana, CA 92706
Phone:
714-206-9084
Email: I adxgarza@yahoo.com
'Fax:
Applicant Signature;
Dasa y r�.Zr7. +Date;
2�s/Za
�Name: American Cancer Society (ACS)
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as
Revenue
iSelect One:
Yes No
❑ FJ•defined
under Section 501(c)(3) of the Internal Code?
l
If No, you will only quality for a credit for City-relafed costs for yourrequest (i.e. permit (ees,
staff time, rental rates for rectlities or equipment.etc.).Costs for City services vary and l/
'
If Yes,
13-1788491
approved, credit may or may not cover full cost of requested City services.
1Tax ID 0:
City Services Credit �
Amount Requested: Date Needed: 106-01-2018 MayorlCounclimember, Tina)ero
?
Direct Payment Amt
tr:enAmount I$ 500 Event Date: ! O6 -Z3 -Z018 Event Time: 2:00 pmI
Requested: I r I
Event Location: 11940 East Deere Avenue, Santa Ana, CA 92705
!Address, city, State, Zip
Relay For Life is a 24 hour event for all ages that focuses on solidarity and fundraising for the fight against cancer,
Description of
i We celebrate and pay tribute to people that have conquered cancer, support those that are still fighting, and remember our
Event I Purpose:
loved ones that have lost their fight.
Bringing the community together to raise money for The American Cancer Society (ACS) wig help with research, transportation,
Community Benefit:
dodging; and many other programs that are offered to cancer patients free of charge. This also benefits the community by bring 1
awareness that they are not alone while dealing with cancer and allows us to share the resources provided by ACS.
Applicant Signature;
Dasa y r�.Zr7. +Date;
2�s/Za
e
Mail: City Manager's Office -M-31 Email: donationrequest@santa-ana.org
20 Civic Center Plaza I Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
DI-nni ell Roquust N,
F ligih,lily INnY
City Manager eignetme:
Y1=51 nip YES
i'nunnl Modal!! Pat".
April 17, 2016 '
Appi•.rverl ilmnuiil $500.00
-11
Uuu::
Revised CIICM017
29A-12
City of Santa Ana
i Donation Request
4t' —
9
City Manager's Office– M41
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647.5200
Name: Santa Anita Neighborhood Association
g -
Tax: -Exempt Status: Is your organization a non-profit or public tax-exempt organization as !I elect One:
defined under Section 501(c)(3) of the Internal Revenue Code? Yes ❑ No
If No, you will only qualify for a credit for City -related costs for your request C.e. permit fees,
staff time, rental rates forfacifities or equipment, etc.).Costs for City services vary and if rgymels
Ipproved, credit may or may not cover full cost of requested City services.D #:
Name: Felipe Guerrero itie: J"IPresident
furrount Requested:��i
dress: 1120
Civic Center Plaza
I ity, State, zip:
Santa Ana j Phone: 714-647-5200
iEmalh
godfnano@aol.com
Pax•
j
Name: Santa Anita Neighborhood Association
g -
Tax: -Exempt Status: Is your organization a non-profit or public tax-exempt organization as !I elect One:
defined under Section 501(c)(3) of the Internal Revenue Code? Yes ❑ No
If No, you will only qualify for a credit for City -related costs for your request C.e. permit fees,
staff time, rental rates forfacifities or equipment, etc.).Costs for City services vary and if rgymels
Ipproved, credit may or may not cover full cost of requested City services.D #:
Mail: City Manager's Office–M-31 Email: donationrequest@santaana.org
20 Civic Center Plaza Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
QlF'IiYi�°, i-7
�City Services Credit $276.00 - Date Needed: 4/15/18 a ora or/Councllmembec Solorio
y �
furrount Requested:��i
johect Payment Amount —� 3/31/18 10am-2nm
S Event Date: vent Time:
Requested: r
EventLocation:Campesino
Park 3311 W. 5th Streeet, Santa Ana, CA 92703
Address, City, State, Zip
Date:
Chavez Beautification & Resource Fair, free event for the community with beautification
Description of
rPmejmbers.ar
ects for volunteers. Several local government resources will be available for community
Event I Purpose:
Community pride, resource booths with educational and employment resources,
Community Benefit:
and beautification projects within the park.
Applicant Signature:
y¢Gp¢CoJ[IPXXPXO-
Date:
3I6I1
Mail: City Manager's Office–M-31 Email: donationrequest@santaana.org
20 Civic Center Plaza Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
QlF'IiYi�°, i-7
Donation Request ` DR -
Refer""#on all related DPVs
Council Meeting Date:
4/17/1$
Eligibility Met: I YES / NO Yes
Approved Amount:
I $276.00
City Manager Signature:
Date:
Revised 01/05/2017
29A-14
CITY OF SANTA ANA
DONATION AGREEMENT WITH
UC BERKELY CHICANO LATINO ALUMNI ASSOCIATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on APRIL 17, 2018 by and between
the City of Santa Ana, a municipal corporation ("City") and UC BERKELY CHICANO LATINO
ALUMNI ASSOCIATION, 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 TO HOLD EVENTS FOR THE COMMUNITY IN ACHIEVING ACADEMIC
EQUITY FOR HIGHER 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 Pumose. The City, by recommendation of COUNCILMEMBER
SARMIENTO; believes there is a public purpose in supporting the Community Benefit because it
PROVIDES EVENTS FOR PROSPECTIVE HIGH SCHOOL AND COMMUNITY
COLLEGE STUDENTS AND TO ENGAGE ALUMNI FOR HIGHER 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
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
.__.._....__ __ __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; 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 6
29A-15
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 ternunation 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 6
29A-16
CITY OF SANTA ANA
By:
Raul Godinez
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By
J m M. Funk
Assistant City Attorney
UC BERKELEY CHICANO LATINO
ALUMNI ASSOCIATION, a 501(c)(3)
NON-PROFIT ORGANIZATION
By:
Signature
lerr"wn
EXHIBIT 6
29A-17
29A-18
CITY OF SANTA ANA
DONATION AGREEMENT WITH
CHARITABLE VENTURES OF ORANGE COUNTY
FOR SANTA ANITA NEIGHBORHOOD ASSOCIATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on APRIL 17, 2018 by and between
the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF
ORANGE COUNTY (FISCAL SPONSOR FOR SANTA ANITA NEIGHBORHOOD
ASSOCIATION), 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 CO -HOSTING THE CESAR. CHAVEZ CELEBRATION & RESOURCE FAIR
EVENT ON MARCH 31, 2018 AT CAMPESINO PARK ("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 PMose. The City, by recommendation of COUNCILMEMBER SOLORIO,
believes there is a public purpose in supporting the Community Benefit because it PROVIDED AN
OPPORTUNITY FOR THE COMMUNITY TO BEAUTIFY THE CAMPESINO PARK AND
DISPLAY CULTURAL PRIDE. 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 FIFTY DOLLARS .($250), 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.
EXHIBIT 7
29A-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 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.
MAlelM
29A-20
CITY OF SANTA ANA
By:
Raul Godinez
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
Jffin M. Funk
Assistant City Attorney
CHARITABLE VENTURES OF ORANGE
COUNTY FOR SANTA ANITA
NEIGHBORHOOD ASSOCIATION, a
501(c)(3) NON-PROFIT ORGANIZATION
0
Signature
Ted Kim
Name
Chief Operating Officer
Title
EXHIBIT 7
29A-21
29A-22
CITY OF SANTA ANA
DONATION AGREEMENT WITH
CHARITABLE VENTURES OF ORANGE COUNTY
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on APRIL 17, 2018 by and between
the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF
ORANGE COUNTY (FISCAL SPONSOR FOR BELLA VISTA NEIGHBORHOOD
ASSOCIATION), 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 FOR THE FEES TO HOST THE MOVIE NIGHT AT JEROME PARK IN
DECEMBER 2017 FOR THE BELLA VISTA NEIGHBORHOOD ASSOCIATION AND
NEIGHBORING RESIDENTS ("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 purpose in supporting the Community Benefit because it
PROVIDES RESIDENTS WITH AN OPPORTUNITY TO ENGAGE IN A POSITIVE
EVENT, FREE TO THE COMMUNITY, AND PROMOTES COMMUNITY PRIDE. 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
THREE HUNDRED THIRTY DOLLARS ($330), -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.
EXHIBIT 8
29A-23
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.
WHI11]YI -
29A-24
CITY OF SANTA ANA
By:
Raul Godinez
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: T
W M. Funk
Assistant City Attorney
CHARITABLE VENTURES OF ORANGE
COUNTY (FISCAL SPONSOR FOR
BELLA VISTA NEIGHBORHOOD
ASSOCIATION), a 501(c)(3) NON-
PROFIT ORGANIZATION
By:
Signature
Ted Kim
Name
Chief Operating Officer
Title
EXHIBIT 8
29A-25
29A-26
CITY OF SANTA ANA
DONATION AGREEMENT WITH
AMERICAN CANCER SOCIETY
PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on APRIL 17, 2018 by and between
the City of Santa Ana, a municipal corporation ("City) and AMERICAN CANCER SOCIETY, 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 THE ANNUAL RELAY FOR LIFE EVENT ON JUNE 23, 2018,
THAT PAYS TRIBUTE TO PEOPLE THAT HAVE OVERCOME CANCER ("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
TINAJERO, believes there is a public purpose in supporting the Community Benefit because it
PROVIDES ANY RESIDENT WITH AN OPPORTUNITY TO ENGAGE IN A POSITIVE
EVENT PROMOTING HEALTH EDUCATION, AND GIVES HOPE TO INDIVIDUALS
SUFFERING FROM CANCER. 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
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
-- - — --- 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 9
29A-27
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 9
29A-28
CITY OF SANTA ANA
Um
Raul Godinez
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
hn M. Funk
Assistant City Attorney
AMERICAN CANCER SOCIETY, a
501(c)(3) NON-PROFIT ORGANIZATION
By:
Signature
Name
Title
Exhibit 3
29A-29
29A-30