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INSURANCE NOT ON FILE A-2023-032 <br />WORK MAY NOT PROCEED <br />CLERK OF COUNCIL <br />DATE: DONATION AGREEMENT WITH PROJECT BACKBOARD FOR BASKETBALL <br />COURT REPAIR AND RESURFACING AT PORTOLA PARK <br />This Agreement is made and entered into this 7th day of March, 2023 by and between Project <br />�. Backboard, a California non-profit public benefit corporation (Donor), and the City of Santa Ana, a <br />G3 charter city and Municipal Corporation organized and existing under the Constitution and laws of the <br />State of California ("City"). <br />RECITALS <br />(TP.)la�l <br />A. Donor is a 501(c)(3) organization that renovates public basketball courts and installs large <br />scale works of site specific art on the surface in order to strengthen communities, improve park safety, <br />encourage multi -generational play, and inspire people to think more critically and creatively about their <br />environment. <br />B. Portola Park in the City of Santa Ana has a basketball court available for public use. <br />C. Donor wishes to donate the repair and resurfacing of the public basketball court at Portola <br />Park. <br />D. These repair and resurfacing services will be donated to City and performed by Donor at <br />no cost to City. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to <br />the terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Donor shall furnish, at its own expense, all labor, materials, equipment, supplies and other <br />items and services necessary to repair and resurface the public basketball court at Portola Park, as <br />further described in Exhibit A, attached hereto, by June 30, 2023. City grants Donor the right to enter <br />its property for the purpose of repair and resurfacing of the public basketball court at Portola Park. <br />2. COMPENSATION <br />City agrees to accept services to be provided above and Donor agrees to provide services and <br />materials free of charge to the City. This Agreement does not contemplate the payment of monies to <br />Donor on the part of the City. <br />3. TERM <br />This Agreement shall commence on the date stated above and terminate on April 30, 2023, <br />unless terminated earlier in accordance with Section 12, below. <br />4. INDEPENDENT CONTRACTOR <br />Donor shall, during the entire term of this Agreement, be construed to be an independent <br />contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to <br />Page 1 of 8 <br />