HomeMy WebLinkAboutMADISON PARK NEIGHBORHOOD ASSOCIATIONN-2018-138-02
CITY OF SANTA ANA
O: CMO (} DONATION AGREEMENT WITH
Julie Castro -Cardenas MADISON PARK NEIGHBORHOOD ASSOCIATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on JUNE 19, 2018, by and between
the City of Santa Ana, a municipal corporation ("City") and MADISON PARK
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 Cotnsnunity Benefit, The City wishes to provide Recipient with funding for AN
EVENT INVITING SPONSORS AND COMMUNITY RESOURCES TO PROVIDE
SERVICES, ACTIVITIES AND EVENTS CONDUCTED BY THE MADISON PARK
NEIGHBORHOOD ASSOCIATION TO EMPOWER RESIDENTS TO MAKE HEALTHIER
LIFE CHOICES. ("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 to HOLD A
SK WALK AND PROVIDE SECURITY FOR THE ATTENDEES TO SAFELY
PARTICIPATE IN THIS EVENT HELD BY THE MADISON PARK NEIGHBORHOOD
ASSOCIATION THAT WILL EMPOWER THE YOUTH AND FAMILIES TO BECOME
ENGAGED AND ACTIVE. 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
EIGHT HUNDRED EIGHTY THREE DOLLARS AND NINTEEN CENTS ($883.19), 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 fiords, 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%)
EXHIBIT 3
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
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 A eernent. 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
EXHIBIT 3
N-2018-138-02
CITY OF SANTA ANA
r.
By:
Raul Godinez II
City Manager 1
BYes�O�V'amaz I.
Maria D. Huxzar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: �\\ ,
Laura A. Rossini
Senior Assistant City Attorney
MADISON PARK NEIGHBORHOOD ASSOCIATION,
a 501(c)(3) NON-PROFIT ORGANIZATION
By: �kx `(
Signatu
Name:Aio *~X-2—
Title: _ Nl�fJk cS{r�A..
EXHIBIT 3
City of Santa Ana
u Donation Request
city managoes Office- M31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647.5200
s a a
'Name: Jose J. Rearule: MPNA Treasurer
Address; 1516 E. OccidentaL St.
City, State, zip: Santa Ana, CA 92707 phone; ' 714-357-6697
Email; madisonparkna@gmaii.com Fax:
'Name: I. Madison Park Neighborhood Association (MPNA)
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One: !; ❑ ❑
defined under Section 501(e)(3) of the Internal Revenue Code? Yes tlm
If No, you will only qualify fora credit for City -related costs Por your request (is. permit fees, 'If Yes
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if i80-0201690
,approved credit may or may riot coverfull cost of requested City services. Tax ID #: t
City services Credit'6/30/18
Amount Requested: .S :Data Needed: MayoriCounoiimember:.Sarmiento
(Direct Payment Amount
$ 88319 Event Date ,1�$k'Fl !'I iEven Time: lam- fpm
:Requested:
Event City, Stats, 2!p
Citation:
Rtltlress, Madison Park 1528 S Standard Ave, Santa Ana, GA 92707
This year residents will complete a 5k walk along the bike trail from Edinger to
'Description of :Chestnut Ave. Two police officers are needed at intersections that lack stop signs
Eventl Purpose: Ito ensure the safety of the participants.
MPNA invites sponsors and community resources; which provi a services to�oitr
-.Community Benefit: lcommunity to empower residents to make healthier life choices. We anticipate an
;attendance of approximately 1,500, which consist of adults and children.
,.'�%';? .,/ oats:���.,�,
Applfoant Signature: � '` .fr'°'a'O
Mail: City Manager's Office -M-31 Email: donationrequest@santa-ana.org
20 Civic Center Plaza Fax: (714) e47-9994
P.O. Sox 1988
Santa Ana, CA 92702
Donation Request tf: OR. '. Counei0 Mooting Dom:
EIiglL+ility Mae YES I NO
Approved Amount:
City Manager eign Aurre: 0att,7, i/v/,5
Revised 4110512017