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Home My WebLink AboutCHILD CREATIVITY LAB�; - yw O:CMO (%) 1. PARTIES AND DATE OCT - 9 2019 CITY OF SANTA ANA DONATION AGREEMENT WITH CHILD C'REATI'VITY LAB N-2018-185 This Donation Agreement ("Agreement") is entered into on SEPTEMBER 4, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CHILD CREATIVITY LAB 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 Communitv Benefit. The City wishes to provide Recipient with funding for THE GIRLS SCOUTS STEAM CONFERENCE FOR YOUNG WOMEN IN SANTA ANA ON DECEMBER 8, 2018, WHICH WILL EMPOWER YOUNG WOMEN TO FOSTER PROBLEM -SOLVING SKILLS FOR ENTREPRENEURIAL. PROJECTS ("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 PRO TEM MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it assists WITH PROMOTING ENTREPRENEURIAL SKILLS FOR YOUNG WOMEN IN SANTA ANA, WHILE PROMOTING STEAM EDUCATION, WHICH WILL HELP LEAD TO ECONOMIC DEVELOPMENT OPPORTUNITIES THAT WILL PROMOTE COMMUNITY AND BUSINESS ENGAGEMENT. 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 DOLLARS (51,000), 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 Tern; 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 EXHIBIT 1 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 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, 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 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 on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to EXHIBIT 1 N-2018-186 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, tight and authority to make this, Agreement bind each respective Party, CITY OF SANTA ANA By: -52-- Paill Godinez 11 11�— City Manager Attest: t e Ay _ Maria �� uimr ACktj(un cil Approved cis m) 1, orm., Sonia R. Carvalho City Attorney By: n M. Funk CHILD CREATIVITY LAB, a 501(c)(3) NON-PROFIT ORGANIZATION By: CEO EXHIBIT 9 ,.�` , Manager's Office - M-31 City �� City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 ,.t,'*` (714) 647-5200 Contact Information Name:~ �IRamiro Barbuzano, Jr. _ [ntie: Director of Education _ dress: 1815 E. Wilshire Avenue #908 ity, state, zip: Santa Ana, CA, 92705 Phone: 714-352-4380 Email: rbarbuzano@childcreativitylab.org Fax: Organization Information [Name: Child Creativity Lab Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as elect One: N defined under Section 501(c)(3) of the Internal Revenue Code? � Yes F-1No I(No, you will only qualify fora credit for City -related costs for your request (i.e. permit fees, If Yes, staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if 36-4746228 approved, credit may or may not cover full cost of requested City services. ax ID #: Donation mount Requested: �r��e—� ��-4 Cmount RegUerredit ren Date Needed: 11 /8/18 Mayor/Councilmembee Martinez Requested: .'.___......_____.__..—�..__.___._.._..._..._._-- _ Duect Payment Amount $ 1 OOO Event Date: 12/$/1$ Event Time: O.00 and ` Event Location: TBD, but possibly at 1815 E. Wilshire Avenue #906, Santa Ana, CA 92705 if venue not secured. Address, Cify, State, Zip e Description of The Child Creativity Lab's mleslon is to foster the next generation of critical thinkers, problem solve rs,Innovators, and lsadam through hands-on reativityenhahung exploretlon. The organinstion'a vision Is to Inspire children to challenge their comfort levels and thereby wising their potential for personal development and ocntrlbutlonsto society. EVenti PUfpOae: cuts This event emeant to women a he conference CCL and the Girlative tot Om In s County cions, byhodong gidsgretles An, andMlas- Gonanes)tole engaging EmpowermentSTEAM conference will tackle the use of creative tM1inkinglnaevaral science, TecM1nology, EnglneeMg,Art, and Math concepts while engaging young women ng opeamaluThe to create their own "Eptrepreneur" projects. [COMI'lltyBenefit: The Girl Scout Empowerment STEAM Conference allows young women the opportunity to use problem salving skills and come up with new and useful—� solutions to modern day issues. Their entrepreneur projects will lake them through a "design -thinking" methodology where girl scouts learn the 'Importance of planning, designing, testing, and presenting their work to a distinguished panel ofjudges from the community. Along with the Increased spark in curiosity and the sense of accomplishment, the girls will have the opportunity to showcase their completed projects to the rest of the communityl Applicant Signature: D.. ... I,.U•, ri,��z�•> �J`,r Date: $/6I2018 LN v `/ Return completed • rm vi Mail: City Manager's Office -M-31 Email: tlonationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request #: DR- R• far, if elaCa,dDF1V Council Meeting Dato: September 4, 2018 !'o, Eligibility Met YES I NO YES Approved Amount $1,000 City Manager Signature: -��/ __- �? Date: f.{7 ftp j .. -' Revised 01/05/2017