HomeMy WebLinkAbout29A - AGMTS DONATIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 18, 2018
TITLE:
DONATION AGREEMENTS WITH VARIOUS
ORGANIZATIONS TO SUPPORT
COMMUNITY EVENTS AND PROGRAMS
(STRATEGIC PLAN NO. 5,4)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
I'_1»0919:18.
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
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
nonsubstantive changes approved by the City Manager and the City Attorney, as follows:
a. Heritage Museum of Orange County in support of the Sugar Skull Workshop in
celebration of Dia de los Muertos and Ghosts of OC Trick or Treat, a free event
open to the community, on October 26, 2018, in a one-time donation amount of
$500 (Councilmember Solorio);
b. Heritage Museum of Orange County in support of the Sugar Skull Workshop in
celebration of Dia de los Muertos and Ghosts of OC Trick or Treat, a free event
open to the community, on October 26, 2018, in a one-time donation amount of
$500 (Councilmember Benavides);
c. Heritage Museum of Orange County in support of the Sugar Skull Workshop in
celebration of Dia de los Muertos and Ghosts of OC Trick or Treat, a free event
open to the community, on October 26, 2018, in a one-time donation amount of
$500 (CouncilmemberTinajero);
d. Charitable Ventures of Orange County in support of Willard Neighborhood's Task
Force's project to install street topper signage to promote the "Love Where You
Live" campaign, event scheduled to launch September 13, 2018, in a one-time
donation amount of $1,500 (Councilmember Villegas).
On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event
Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and
29A-1
Donation Agreements with Organizations to
Support Community Events and Programs
September 18, 2018
Page 2
policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities
for consideration of City Council sponsorship.
In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per
fiscal year to support eligible organizations, including neighborhood associations and non-profit
organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal
Revenue Code are eligible for in-kind funding for City Services.
The donation agreements listed above are in response to the Donation Requests (Exhibits 1-4)
submitted by various community organizations or neighborhood associations to the specific
Councilmembers, seeking sponsorship for community events and/or programs. The
Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events
through the Special Event Sponsorship funds. Upon approval by City Council, the respective
donation agreements will be executed.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability).
FISCAL IMPACT
Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2018-19
General Non -Departmental account (01105015-62300) as appropriate from each of the following
Councilmember s appropriated amounts for Fiscal Year 2018-19:
Councilmember Solorio
$ 500.00
Councilmember Benavides
$ 500.00
Councilmember Villegas
$ 1,500.00
Councilmember Tinajero
$ 500.00
Total $ 3,000.00
APPROV AS TO FUNDS AND ACCOUNTS:
Sergio Vi I
Assistant Director
Finance and Management Services Agency
Exhibits: 1-4. Donation Agreements
29A-2
CITY OF SANTA ANA
DONATION AGREEMENT WITH
HERITAGE MUSEUM OF ORANGE COUNTY
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on SEPTEMBER 18, 2018, by
and between the City of Santa Ana, a municipal corporation ("City") and HERITAGE
MUSEUM OF ORANGE COUNTY 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 for THE
DIA DE LOS MUERTOS AND GHOSTS OF OC TRICK OR TREAT EVENT ON
OCTOBER 26, 2018, A FREE EVENT FOR THE COMMUNITY, THAT WILL
INCLUDE A SUGAR SKULL MAKING WORKSHOP FOR YOUTH & FAMILIES
("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 Puroose. The City, by recommendation of COUNCILMEMBER
SOLORIO, believes there is a public purpose in supporting the Community Benefit because it
assists WITH PROMOTING FAMILY FRIENDLY ACTIVITIES, CULTURAL
AWARENESS, AND PROVIDES A POSITIVE COMMUNITY ENGAGEMENT
OPPORTUNITY. 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.
MI 11x1
29A-3
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 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
EXHIBIT 1
29A-4
that the individuals who have signed this Agreement have the legal power, right and authority to
make this Agreement bind each respective Party.
CITY OF SANTA ANA
0
Attest:
LE
Raul Godinez II
City Manager
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
!m M. Funk
Assistant City Attorney
HERITAGE MUSEUM OF ORANGE COUNTY,
a 501(c)(3) NON-PROFIT ORGANIZATION
am
Kevin Cabrera
Executive Director
EXHIBIT 1
29A-5
29A-6
rte"° City Manager's Office - M-31
• City of Santa Ana 20 Civic Center Plaza
Donation Request P.O. Box 1988
Santa Ana, CA 92702
- (714) 647-5200
Contact Information
wame: Kevin Cabrera rue: Exec. Director
adreae:
3101 W Harvard St
Iclty, s�
Santa Ana, Ca. 92704 Phone: 714-733-0709
EI
kcabrera@heritagemuseumoc.org
FFx.
Organization Information
Name: lHeritage Museum of Orange County
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as
defined under Section 501(c)(3) of the Internal Revenue Code?
elect One:
Yos
❑
No
If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees,
stafftime,rental rates for facilities ovequipment, Costs for City services vary and it
Y
�axelg5-3665050
stofre)quest
approved, credit may or may not cover full cost of requested City services.
#:
,City Servi° �— Dorsi Needed: October 1 �Mayorlcou� nonmember:
S-01 --- -
ount Requested: i
d Payment LJOO FventDa stet October 26 me: 3 pm - 9 pm
Requesterect
iEventTi�
Event Location:
Heritage Museum of OC
Address, City, State, Zip
3101 W Harvard St, Santa Ana, CA. 92704
ugar skull class showing youth how to make and decorate sugar skulls as part
Description of
[of
Event/ Purpose:
Dia de Los Muertos, and Ghosts of OC Trick or Treat on the museum property.
These event will be free to the community and we will be inviting SAUSD schools
Community Benefit:
to participate.
Applicant Signature:
Date:
completed
Mail: City Manager's Office- M-31Emall:
donationrequest@santa-ana.org
20 Civic Center Plaza
Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request #:
DR -
Council Meeting Date:
Rererence_ on all rolated OPVs
Eligibility Met: YES I NO Approved Amount: 1
City Manager Signature: _ _ I I Date: J
L
Revised 01105/2017
AI7
29A-8
CITY OF SANTA ANA
DONATION AGREEMENT WITH
HERITAGE MUSEUM OF ORANGE COUNTY
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on SEPTEMBER 18, 2018, by
and between the City of Santa Ana, a municipal corporation ("City") and HERITAGE
MUSEUM OF ORANGE COUNTY 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 for THE
DIA DE LOS MUERTOS AND GHOSTS OF OC TRICK OR TREAT EVENT ON
OCTOBER 26, 2018, A FREE EVENT FOR THE COMMUNITY, THAT WILL
INCLUDE A SUGAR SKULL MAKING WORKSHOP FOR YOUTH & FAMILIES
("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
_BENAVIDES, believes there is a public purpose in supporting the Community Benefit because
it assists WITH PROMOTING FAMILY FRIENDLY ACTIVITIES, CULTURAL
AWARENESS, AND PROVIDES A POSITIVE COMMUNITY ENGAGEMENT
OPPORTUNITY. 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 ($500j, 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 terns 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.
EXHIBIT 2
29A-9
3.3 Waivers. Insurance or Other Obligation . 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 maybe 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
EXHIBIT 2
29A-10
that the individuals who have signed this Agreement have the legal power, right and authority to
make this Agreement bind each respective Party.
CITY OF SANTA ANA
By:
Raul Godinez II
City Manager
Attest:
LE
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
hn M. Funk
Assistant City Attorney
HERITAGE MUSEUM OF ORANGE COUNTY,
a 501(c)(3) NON-PROFIT ORGANIZATION
Kevin Cabrera
Executive Director
EXHIBIT 2
29A-11
29A-12
City Manager's Office– M-31
City of Santa Ana 20 Civic Center Plaza
_j�-
i- { Donation Request P.O. Box 1988
Santa Ana, CA 92702
,'.-5
�" (714) 647-5200
'Contact
Information
IName— Kevin Cabrera ale: Exec. Director
ddress:
3101 W Harvard St
Fitystate, zip:
I Santa Ana, Ca. 92704 Phone:
714-733-0709
Emall:
kcabrera@hedtagemuseumoc.org Fa x:
• .-
Name: Heritage Museum of Orange County
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One:
_efined.under.Section 501(c)(3) of the.IntemalRevenue.Code7_---- - —zYes E] No—
—_
1f No, you wig only quality for a credit for City -related costs foryour request (i.e. permit fees,Ifax If Yes
,tafftime, rental rates for facilities or equipment,etc.).Costs for City services vary and if I F95-3665050
credit may ormay not cover full cost of requested City services. (rID #:
approved,
) o
(CityCl y Services Date Needed: October 1 Mayor/Coul ncllmemher.
Benevides
Amount Requested: I�����
Direct Payment Amount -i 50�
Eventl Date: October 26 Event Time:
e: 3 r1nj – 9 nnl
iRequested:
i r' r
Event Location:
eritage Museum of OC
F3101
Address, Ory, State, Zip
W Harvard St, Santa Ana, CA. 92704
skull class showing youth how to make and decorate sugar skulls as part
Description of
FOfDia
Event Purpose:
de Los Muertos, and Ghosts of OC Trick or Treat on the museum property.
Community Benefit: These event will be free to the community and we will be inviting SAUSD schools
to participate.
Applicant Signature: —\ \I ---Dat 13 Z� r —
I I UJ
VVVIII/// ..
co'MiDleted fbim Via:
Mail: City Manager's Office–M-31rF
mail: cionattonrequest&anta-ana.org
20 Civic Center Plaza
ax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request #: DR -
Council Meering Date:
Rarcranco r. on n!1 rcfated OPVs
Eligibility Met: YES! NO Approved Amount:
City Manager Signature: I Date:
Revised 0110512017
2aXWBT
9AI.13
29A-14
DONATION AGREEMENT WITH
HERITAGE MUSEUM OF ORANGE COUNTY
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on SEPTEMBER 18, 2018, by
and between the City of Santa Ana, a municipal corporation ("City") and HERITAGE
MUSEUM OF ORANGE COUNTY 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 for THE
DIA DE LOS MUERTOS AND GHOSTS OF OC TRICK OR TREAT EVENT ON
OCTOBER 26, 2018, A FREE EVENT FOR THE COMMUNITY, THAT WILL
INCLUDE A SUGAR SKULL MAKING WORKSHOP FOR YOUTH & FAMILIES
("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 purpose in supporting the Community Benefit because it
assists WITH PROMOTING FAMILY FRIENDLY ACTIVITIES, CULTURAL
AWARENESS, AND PROVIDES A POSITIVE COMMUNITY ENGAGEMENT
OPPORTUNITY. 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. TERDIS 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.
EXHIBIT 3
29A-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 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 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
EXHIBIT 3
29A-16
that the individuals who have signed this Agreement have the legal power, right and authority to
make this Agreement bind each respective Party.
CITY OF SANTA ANA
LE
Attest:
0
Raul Godinez II
City Manager
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: &1L i/
J M. Funk
Assistant City Attorney
HERITAGE MUSEUM OF ORANGE COUNTY,
a 501(c)(3) NON-PROFIT ORGANIZATION
M
Kevin Cabrera
Executive Director
EXHIBIT 3
29A-17
29A-18
'� City Manager's Office— M31
r :•. City of Santa Ana 20 Civic Center Plaza
Donation Request P.Box 1988
Santa Ane CA 92702
(714) 647-5200
• • e
� amN Kevin Cabrera me: Exec. Director
ddress:
3101 W Harvard St
city, State, zip:
Santa Ana, Ca. 92704 �Phonr e 714-733-0709
iEmai� —
kcabrera@heritagemuseumoc.org Fax:
• .. -nization Information
Name:
IHeritage Museum of Orange County
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? Z ❑ 1-1Yes No
If No, you will only qualify for a credit for City -related costs for yourrequest (i.e. permit fees, r —
staff time, rental rates forfacillfies orequipment, etc.).Costs for City services vary and if If Yes, g5-3665050
approved, credit may ormay not cover full cost of requested City services. ax lD#:
■•
Ity Servic Date Neeaea: October 1 MayorlCoul ncilmember...
Amount Requested: i
Tinajzro
Amountl
giroc steed --.
equEvent
r�—F—i
5OO IEventont Date: October 26
Event Time:
3 PM — 9 PM
Location:
eritage Museum of OC
[3101
Address, city, state, Zip
W Harvard St, Santa Ana, CA. 92704
Description of
Event/ Purpose:
kull class showing youth how to make and decorate sugar skulls as part
FDiae Los Muertos, and Ghosts of OC Trick or Treat on the museum property.
These event will be free to the community and we will be inviting SAUSD schools
Community Benefit:
to participate.
Applicant Signature:
I' e; a I Zy I tQ1. ,I
ID -ate:
-form
Mr-Jeted via.,
Mail: city Manager's Office—M-31
Email: donationrequest@santa-ana.org
20 Civic Center Plaza
Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request #: DR - Council Meeting Date:
Referance # on all ralawd0PVs _
Eligibility Met: YES I NO I Approved Amount:_—
City Manager Signature: Date:
Revised 01105/2017
EXHIBIT 3
29A-19
29A-20
CITY OF SANTA ANA
DONATION AGREEMENT WITH
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR WILLARD NEIGHBORHOOD ASSOCIATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on SEPTEMBER 18, 2018, by and
between the City_ of Santa Ana, a municipal corporation ("City") and CHARITABLE- VENTURES
OF :ORANGE COUNTY FISCAL SPONSOR FOR THE WILLARD 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 Community Benefit. The City wishes to provide Recipient with funding for the
WILLARD NEIGHBORHOOD ASSOCIATION TO PROMOTE THE "LOVE WHERE YOU
LIVE" CAMPAIGN HELD ON SEPTEMBER 13, 2018, TO ENGAGE THE COMMUNITY
IN A POSITIVE ACTIVITY THAT DEVELOPS COMMUNITY PRIDE ("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
VILLEGAS believes there is a public purpose in supporting the Community Benefit because it
assists the WILLARD NEIGHBORHOOD ASSOCIATION IN PROMOTING THE "LOVE
WHERE YOU LIVE" CAMPAIGN TO INSTALL STREET TOPPER SIGNS THAT WILL
BRING A SENSE OF OWNERSHIP AND PRIDE TO THE NEIGHBORHOOD RESIDENTS.
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
ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500), 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
EXHIB[T 4
29A-21
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
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
29A-22
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.
ISTOW410-SMI a V41 "4&41
By:
Raul Godinez II
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
hn M. Funk
Assistant City Attorney
CHARITABLE VENTURES OF ORANGE COUNTY
FISCAL SPONSOR FOR WILLARD NEIGHBORHOOD ASSOCIATION,
a 501(c)(3) NON-PROFIT ORGANIZATION
0
Ted Kim
Chief Operating Officer
29A-23
29A-24
City of Santa Ana
f Donation Request
4h
City Manager's Office - M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647.5200
Name: IWIlard Nieghborhood Task Force - account with Charitable Ventures of OC (501c(3) - CVOC
7anization a non-proet or
of the Intemal Revenue i
as ISelect One: I R1 Yes ❑ No
will only qualify/ora credit for City -related costs for yourrequest (i.e. permit fees, If Yes,
rentalretes forfacAiOes orequipment,eic.).Cesis for City services vary andif CVOC-20-8756660
credit may or may not cover full cost of requested City services. ax ID#:
Name: Imarta Rodriguez Itle: Office Administrator
ddresa:
1510 N. Parton Street
city, state, zip:
Santa Ana, CA 92706 hone: 714-542-6781
Email:
marta@saintpeterlutheran.net
Fax:
City Manager Signature:
Name: IWIlard Nieghborhood Task Force - account with Charitable Ventures of OC (501c(3) - CVOC
7anization a non-proet or
of the Intemal Revenue i
as ISelect One: I R1 Yes ❑ No
will only qualify/ora credit for City -related costs for yourrequest (i.e. permit fees, If Yes,
rentalretes forfacAiOes orequipment,eic.).Cesis for City services vary andif CVOC-20-8756660
credit may or may not cover full cost of requested City services. ax ID#:
IMM -1
Mail: City Managers Office -M-31 Email: donationrequest@santaana.org
20 Civic Center Plaza Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
City Services Credit F Date Needed: H/30/201 H Mayor/Councilmember. Yliegas
Dunt Requested:
Direct Payment Amount S � 500 Event Date: 9/13/ZO1 H Event Time: 1:00 pR1
(Requested:
Event Location;
St. Peter Evangelical Lutheran Church
Addmss,crly State, ble
1510 N. Parton St. Santa Ana, CA 92706
City Manager Signature:
announcement / ribbon cutting / celebration to kick off project for street topper
Description of
signage for the Willard community.
Event l Purpose:
The Willard neighborhood is located next toy Floral Park Washington Square both which have
n
street topper signage. With Willards proximity to downtown, having their own street topper signage would
to downtown, g
Community Benefit:
bring a sense of ownership and pride to the Willard residents. It would also help advance the city's efforts In
the "Love Where You Live" campaign and bring uniformity of style to this Santa Ananeighborhood.
Applicant Signature:
IMM -1
Mail: City Managers Office -M-31 Email: donationrequest@santaana.org
20 Civic Center Plaza Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
Revised 01/05/2017
kt
Donation Request #:
Reference Aon all related DPVs
DR -
Council Meeting Date:
September 18, 2018
Eligibility Met:
YES / NO YES
Approved Amount:
$1,500
City Manager Signature:
Date:
Revised 01/05/2017
kt
29A-26