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Home My WebLink AboutCOMMUNITY ENGAGEMENT INC.AJuli0: CMO (A- Julie e Castro -Cardenas 1. PARTIES AND DATE CITY OF SANTA ANA DONATION AGREEMENT WITH COMMUNITY ENGAGEMENT INC. N-2018-138-14 This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between the City of Santa Ana a municipal corporation ("City") and COMMUNITY ENGAGEMENT INC. 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 for THE CUANO'S EL CANCION DEL INMIGRANTE EVENT HOSTED AT THE BOWERS MUSEUM ON MAY 120 2018. THIS EVENT WAS FREE TO THE COMMUNITY AND PROVIDED CULTURAL ACTIVITES FOR SANTA ANA 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 MAYOR PVLIDO, believes there is a public purpose in supporting the Community Benefit for THE COMMUNITY OF SANTA ANA TO ENHANCE THE APPRECIATION OF ARTS & CULTURE, WHILE HIGHLIGHTING LOCAL ARTISTS, AND ENGAGING THE COMMUNITY. 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 ane-titne payment of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500), 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 finds, Recipient agrees to use the finds 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 farads 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 15 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 propose 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 amonmts 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 15 N-2018-138-14 CITY OF SANTA ANA By: Rau odinez II City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney Laura A. Rossini Senior Assistant City Attorney COMMUNITY ENGAGEMNT INC., a 501(c)(3) NON-PROFIT ORG ANIZATION By:_&A Name: kUW M O'D1�1 1►7 _!�i�,r C. EXHIBIT 15 ^t++ City Manager's Office — M-31 .�. City Of Santa Ana 20 Civic Center plaza P.O. Box 1988 tiOfB?IOiP ReCJtteSf Santa Ana, CA 92702 :.„ - (714) 647.5200 Contactormation Name: Imen Moon — -- itle: Program Director Address: (3920 Birch Street, Suite 103 - - ----- ---------- Clty, state, zip:Newport Beach, CA 92660 Phone: 323-449-4823 Email: allenscottmoon@gmail.com Fax: s Name: lCommunity Engagement Inc. — Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select 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 -rotated costs for your request (i. e. permit fees, if Yes, s staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if approved, credit may or may not cover full cost of requested City services. ax ID #:147-4600334 M o + • e Amount Requested:uW4ID I r..-^ City Services Credit rIpate Needed: Mayor7Councilmembee: Pulido !(( _- r _�__—^-- 5112118-----.IEvent Time: ��pj-jj Direct Payment Direct Payment Amount 7 3Vu Event Date: —� — Event Location: Bowers Museum 2002 N, Main St., Santa Ana, CA 92706 Address, City, State, Zip On Saturday, May 12th, Santa Ana Sites presented Cuitao's EI Cancibn del Immigrants at the Bowers Musueum. Description of The concert was free to the public and was produced by Santa Ana Sites, under the fiscal and administrative Event I Purpose: umbrella of Community Engagement, a non-profit that facilitates culttural activities within the city of Santa Ana. Arts and culture provides an array of community benefits from community pride, to historical information, Community Benefit: appreciation of the arts, and motivation to the community to express their talents through the arts. Santa Ana has many talented artists and the events sponsored through these funds acknowledge and encourage arts & culture. Applicant Signature: aum ,tA an ate; �j/'�',,�/'7 Mail: City Manager's Office -M-31 Email: donationrequest@santa-am.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1900 Santa Ana, CA 92702 Donation Request M DR -� 0 Rerferenee 6 on ati relraNd Drys ] Council Meeting Date: June 19 ?018 I Eligibility Met: _. YES / NO YES Approved Amount: V J 1 $7,500 _ .... 1"11141— City Manager Signature: , D e. EXHIBIT 16 Revised 01/0512017