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Home My WebLink AboutSOUTHLAND INTEGRATED SERVICES, INC.tl '13 zowu N-2018-138-11 CITY OF SANTA ANA O: CMM DONATION AGREEMENT WITH Julie Castro -Cardenas SOU HLAND INTEGRATED SERVICES, INC. 1. PARUES AND DA'L'E This Donation Agreement ("Agreemcit") is entered into on JUNE 19, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and SOUTHLAND INTEGRATED SERVICES, INC. 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 D�te iefit. The City wishes to provide Recipient with funding for THE SENIOR CITIZEN PROGRAM EVENT THAT WAS HELD JUNE 16, 2018 OFFERED FREE ACTIVITIES FOR THE COMMUNITY THAT SHOWCASED THE ARTWORK AND ACTIVITIES FROM THE SENIORS (`•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 PuMase. The City, by recommendation of COUNCI'LMEMBER VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it SUPPORTED THE SENIOR CITIZEN EVENT HELP JUNE 16, 2018, PROMOTED HEALTH AND SERVICES FOR SENIORS IN SANTA ANA. The foregoing is it general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. 3. TUNIS AND CONDITIONS 3.1 11se of Funds. The City has chosen to provide Recipient with a one -tithe payment of FOUR HUNDRED AND TWENTY-FIVE DOLLARS ($4255), 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 fait 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: Tqnnination of &g! Atltcnt. 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 fronds provided to Recipient pursuant to this Agreement, as well as iinterest 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 12 3.3 Waivers luswancq_orC)thcr Obli ations. 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 Oversialrt 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.S 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 bold 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, willfirl 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 indemnity 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 rite Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. The terns 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 ort 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 Peaty. EXHIBIT 12 N-2018-138-11 CITY 01; SANTA ANA By: RaiIttIoc inez—_# City Manager Attest: By: 145 Maria D. Huizar 5 Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: Am M. Funk Assistant City Attorney SOUTHLAND INTEGRATED SERVICES, INC., a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: Tricia Nguyen Title: Chief Executive Officer EXHIBIT 12 +:=r City of Santa Ana Donation Request -aur tame; ITticte Nguyen — --- �tdMaaa: � 1818 West Firsk S#teat iRy,ststo.zhr ISanta Ana, CA, 92703 �, W `t nguyen@sauthlandintegrated,org City Manager's Coke — M-31 20 Civic Center Ptaxa t'.t) Bax 1989 Santa Ana, CA 82102 (714) so 6200 Chief Executive Officer �horwc 1714-620-7007 1Fax: 1714-620-7097 name+ JSouthiand Integrated Services, Inc. TaxdExempt ffitatu ci Is you orgaNxaRxar a no4rc or public We eramPt otgsrkation as igelsat Ons: �t,�t MOaad under Section 601(o)(3) of the Internet Revenue Code? l t r r Yes NO X ft, you will only quality for a ersdif for CBy-refalodcosts for your request #.& permit teas, - 195-3403526 .its#f rm, rentalrsfaa for (aorWas or equipment #to,),Cosls for City somlose vary and flrYas. reproved, crecWt may or trey rat carer tubcost of requested Oily sorvfces. ax t 0: �Cily Bervicos Credit �imounl Requested . i .... I ..... . ....... ltlaG Flooded: 106/30/2018 PayorlCouncilmember. VILLEGAS iroct Payment Amauat jjj i(!A 1 vent [Bata: ef16/1 t# Thna: i t egaestad: iF.vsnt I I Event Lacation �Ad"" '1618 West First Street, Santa Ana, CA 92703 Ca3' State zip 2 I jjjijSenior citizen program event will be hosted on June 16th, free to the community Description of Event lParpaae: j at the Southland Integrated Services where activities will be showcased for fie The seniors will display their artwork and activities to the community. Provide senior services and activities to the seniors at Southland Health Center. Community Benefit: The objective of the services is to keep our senior community active, engaged,, healthy, and happy, which is a benefit to the entire community of Santa Ana. ARROfaMi#tisnaturo;; t nate, 105130/2018 MMMOMMMEMM Mail: City Manager's Office_ M-31 Email:donationroquest Santa ana.arg 1 20 Civic Center Plaza Fax; (714) 647.0904 P.O. Bax 1008 Santa Ana, CA 02702 lineation Request1l: ` NnFo,� v,cadrrr, Of'WW ... )WIVs: i StigtbltityAtet; City Mannyer Signoture: YESl ND YES Crated Meeting Dato: Approved Amount; IMals: EXHIBIT 12 JUNE 19, 2018 $425 Revised 0110SM017