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Home My WebLink AboutAMERICAN CANCER SOCIETY 3VCN OPY 217021 10 G 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT WITH AMERICAN CANCER SOCIETY N-2018-064 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 propose 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 TSV -2018-064 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 N-2018-064 CITY OF SANTA ANA By: T Rau Godinez�— City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: 66hn M. Funk Assistant City A ta7 AMERICAN C11 ER SO IETY, a 501(c)(3) NON-xR ,FIT OR ANIZATION 0 Signature tefvft Name )PSC 1 G Title Exhibit 3 o�y,; �_ City Manager's Office -M-61 �<; . City of Santa Ana 20 Civic Center Plaza .' P.O. Box 1966 Donation Request N-2018-064 Santa Ana, CA 92702 0�-~ .. (714) 647.52n0 'City Services Credit ; Amount Requested: E Pate Needed: 06.01-2018 IMayorlCouncih Direct Payment Amount 1$500 'Event Date: 106-23-2018 (Event Time: Requested: I r !Event Location: i 1940 East Deere Avenue, Santa Ana, CA 92705 (Addroea, City, slate. Zip I.Tinajero X12:00 pm I. _ ------ _ __ Relay For Life is a 24 hour event for ell 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 l Purpose: j loved ones that have lost their fight, Bringing thecommunity together to raise money for The Ameridan Cancer Society (ACS) will help with research, transportation, (Community Benefit: ilodging, and many other programsthatare offered to cancer patients free ofcharge. Thlsaiso benefits the community bybring awareness that they are not alone while deafing with cancer and allows us to share the resources provided byACS. I IApplicantSignature: I 04,0,0 y CarZa- _ ... ...._ +Date; Mall: City Manager's Office -M31 j 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 I .. � Urnvdinu Rnr{unst t!; r, to ,.. I"Htjlhllity INnt' j City Mollacrer Slgnntura: T 1'I > I n10 YES Emall: donationreyuest@santa-ana.org I Fax: (714)647-6954 r'ounnl rdea lulu Pato. April 17, 2016 + Appo.rvcd Alnnlml $600.00 i i -11 Revised 01/05/2017 itName: , Danny Garza _ -_ - �_ -- 'Title: ' Address: 11522 W Washington Ave ply, State, zip: I Santa Ana, CA 92706 Phone: 714-206-9084 !Email: iadxgarza@yahoo.com Fax: I I Name: iAmencan CancerSociety(ACS) 'Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as T 'defined under Section 501(c)(3) of the Internal Revenue Code? Select One: I I Z Yes ® No If Na, you will only qualify for a credit for City- related costs for yourrequest ((.e, permit fees, �11 Yes- staNtime, rental rates for facilities or equipment,etc.).Costs for City services vary and U cos approved. credit may or may not cover full t of requested city services. Tax ID N: A 'City Services Credit ; Amount Requested: E Pate Needed: 06.01-2018 IMayorlCouncih Direct Payment Amount 1$500 'Event Date: 106-23-2018 (Event Time: Requested: I r !Event Location: i 1940 East Deere Avenue, Santa Ana, CA 92705 (Addroea, City, slate. Zip I.Tinajero X12:00 pm I. _ ------ _ __ Relay For Life is a 24 hour event for ell 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 l Purpose: j loved ones that have lost their fight, Bringing thecommunity together to raise money for The Ameridan Cancer Society (ACS) will help with research, transportation, (Community Benefit: ilodging, and many other programsthatare offered to cancer patients free ofcharge. Thlsaiso benefits the community bybring awareness that they are not alone while deafing with cancer and allows us to share the resources provided byACS. I IApplicantSignature: I 04,0,0 y CarZa- _ ... ...._ +Date; Mall: City Manager's Office -M31 j 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 I .. � Urnvdinu Rnr{unst t!; r, to ,.. I"Htjlhllity INnt' j City Mollacrer Slgnntura: T 1'I > I n10 YES Emall: donationreyuest@santa-ana.org I Fax: (714)647-6954 r'ounnl rdea lulu Pato. April 17, 2016 + Appo.rvcd Alnnlml $600.00 i i -11 Revised 01/05/2017 MISCELLANEOUS - BUDGET 29A. DONATION AGREEMENTS WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5,4) — City Manager's Office MOTIONS: 1. 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 non -substantive 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 Neighborhood Association, In a one-time donation amount of $250 (Counciimember 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 (Counciimember Benavides); d. American Cancer Society in support of the Relay for Life event, in a one-time donation amount of $500 (Counclimember Tinajero); and 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 (Counciimember Solorio); **END OF CONSENT CALENDAR** REGULAR BUSINESS CALENDAR AGENDA ITEMS CONSIDERED OUT OF ORDER — PUBLIC HEARING *Councilmember Sarmiento abstained on Agenda Item 75C due to business interest. CITY COUNCIL MINUTES 13 APRIL 17, 2018