HomeMy WebLinkAbout29A - DONATION AGMTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 16, 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:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
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:
1. Second Chance Orange County in support of on-going program costs that provide
workforce and life skills services to highly at risk youth, homeless individuals, and
people with substance abuse issues, an event that occured on September 22, 2018,
in a one-time donation amount of $1,000 (Mayor Pro Tem Martinez);
2. EI Centro Cultural de Mexico en el Condado de Orange in support of the Grand Re -
Opening event, free to the community, that occurred on September 29, 2018, in a
one-time donation amount of $500 (Councilmember Sarmiento);
3. Magic Inc. Academy of the Arts in support of the family fun day event with resource
information on the 1400 block of West 5w Street that occured September 29, 2018,
in a one-time donation amount of $500 (Councilmember Benavides);
4. EI Centro Cultural de Mexico en el Condado de Orange in support of the Grand Re -
Opening event, free to the community, that occurred on September 29, 2018, in a
one-time donation amount of $500 (Councilmember Benavides);
5. Orange County Bar Foundation in support of the Health Education Movie Night
Event that is scheduled to occur November 7, 2018, a free event for the community
to promote healthcare awareness and services, in a one-time donation amount of
$1,000 (Councilmember Villegas);
29A-1
Donation Agreements with Organizations to
Support Community Events and Programs
October 16, 2018
Page 2
6. Santa Ana Unidos Boxing Club in support of the Roses in Concrete Educatio n&
Arts Festival that occurred August 25, 2018, a free event for the community to enjoy
art, music, and poetry, in a one-time donation amount of $250 (Councilmember
Villegas);
DISCUSSION
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
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 1-6)
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:
Mayor Pro Tem Martinez $ 1,000.00
Councilmember Benavides $ 1,000.00
Councilmember Sarmiento $ 500.00
Councilmember Villegas $ 1,250.00
Total $ 3,750.00
29A-2
Donation Agreements with Organizations to
Support Community Events and Programs
October 16, 2018
Page 3
APPROVED A TO FUNDS AND ACCOUNTS:
Sergio Vidal M (ZqA)
Acting Executive Director
Finance and Management Services Agency
Exhibits: 1-6. Donation Agreements
29A-3
29A-4
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SECOND CHANCE ORANGE COUNTY
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on OCTOBER 16, 2018 by and
between the City of Santa Ana, a municipal corporation ("City") and SECOND CHANCE
ORANGE COUNTY, a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient's.
City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in
this Agreement.
2. REcrrALs
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient for PROVIDING SERVICES TO SANTA ANA YOUTH THAT ARE HOMELESS
OR RECOVERING ADDICTS BY CONNECTING YOUTH WITH SERVICES AND
EMPLOYMENT ("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
WILL PROVIDE ECONOMIC VALUE TO ASSIST AT -RISK YOUTH IN SANTA ANA, BY
BECOMING PRODUCTIVE CITIZENS THAT CONTRIBUTE TOWARDS SOCIETY.
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 CoNDI ms
3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of
ONE THOUSAND DOLLARS _($1,000), 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 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 1
29A-5
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 Aareern . 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 1
29A-6
CITY OF SANTA ANA
Attest:
0
Raul Godinez II
City Manager
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
hn M. Funk
Assistant City Attorney
SECOND CHANCE ORANGE COUNTY,
a 501(c)(3) NON-PROFIT
ORGANIZATION
By:
Deborah Johnson
Executive Director
EXHIBIT 1
29A-7
Cityof Santa Ana City Manager's Office-hf-71
20 Civic Center Plaza
�.-..-
k Donation Request P.Santa Ana, CA 92702
(714) 647-5200
u__.. _.._ _ -- ----- __ �.__--___—___._._i
r ame: ! Deborah Johnson 4,liq; 1 Ezecutl� ve -6lrect�
Address: :2618 San Miguel Drive #284
- —-----....--------- ----- --- - - i-- ---- --- — -
--
city,state, zip: (Newport Beach, CA 92860 ,pnnne; 1714 478-8351
Small; Idebj 11@icloud.com Fax:
i Name: --
un, am,uu. is yvui uiyawrauun o em,-V,o,n w Vumic uxexenryt OlyeniZaaen as
ider Section 501(c)(3) of the Internal Revenue Code?
will only qualify for a credit for City -related costs for your request (i.e. permit fees,
rental rates for facilities or equipment. etc.). Costs for City services vary and it
credit mayor may not cover full omit of neguested City services.
:City Services Credit
'Amount Requested:
5 .,QW- 'Pate Needed: (September 10 NlayorlCouncllmember-I Martinez
;Direct Payment Amount
Requested:
iS 1,000 Event Date: September22 .,Event Time: ,5-9pm
lEvent Location:
1919 N Heliotrope Dc Santa Ana, Ca 9270fi-------- --J�---------
lAdd,ess. Gly, state, Zip
fie raise-funtls to be able to augment our CDBG grant in Santa Ana to pay for the
!Description or
gap in the program budget. The money raised will go to program services so we
'Event 7 Purpose:
scan continue to provide services to the Santa Ana Homeless and recovering
alanhol/dnln aridintc These sptvices:mPntnrino/r-nachina heln nettinn into
Economic va use, tFieseindivTduals no`longer use public services; theyay ta
pxes,
,Community Benefit
'they pay rent and are no longer on the street, they become productive members
of society.
!Applicant Signature:
/ n —� - -'DatelAuguSt 22, 2018 -_
(Mail: City Managoes Office -M31 i Email: donationrequest@santaana.ory �
20 Civic Center Placa Fax: (714) 647-6964 i
P.O. Box 1988
Santa Ana, CA 92702
Donatinn Request e: DR.
Council Meeting Date: October 16, 2018
ti..aa �•c,.. n. ,+:.._,,..: ,.
Eligibility ?,let: YESI NO YE. Approved Amount' $1,000
City Manager sign. uue: ... _ .. _ _... _ Date: .. .
Revised 01/052017
EXHIBIT 1
29A-8
CITY OF SANTA ANA
DONATION AGREEMENT WITH
CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on OCTOBER 16, 2018, by and
between the City of Santa Ana, a municipal corporation ("City") and CENTRO CULTURAL DE
MEXICO EN EL CONDADO DE ORANGE, 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. RECrms
2.1 Community Benefit, The City wishes to provide Recipient with funding to assist
Recipient for HOSTING A GRAND RE -OPENING OF EL CENTRO CULTURAL DE
MEXICO (NEW FACILITY) ON SEPTEMBER 29, 2018, WHICH WAS A FREE EVENT
FOR THE COMMUNITY WITH MUSIC, DANCE, AND RESOURCES FOR COMMUNITY
MEMBERS ("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
.SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it
PROMOTES CULTURAL AWARENESS, CELEBRATES DIVERSITY, AND SHOWCASES
LOCAL PERFORMANCES AND RESOURCES. 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 terns 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 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 hind 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 Contact/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 2
29A-10
CITY OF SANTA ANA
Um
Raul Godinez II
City Manager
Attest:
Ey:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: . Im L�n�
ohn M. Funk
Assistant City Attorney
EL CENTRO CULTURAL DE MEXICO
EN EL CONDADO DE ORANGE, a
501(c)(3) NON-PROFIT ORGANIZATION
0
Karen Sarabia
Executive Director
EXHIBIT 2
29A-11
.i:%err City of Santa Ana City Manager's Office -M-31
"WF y
20 Civic Center Plaza
I I Donation Request P.O. Box 1988
5.' — ;' Santa Ana, CA 92702
__ (714) 647-5200
Contadi'lliliformailon
Name: Karen Sara la itle: [Executive b-Irector
—
Pddre�-
837 N Ross
1Clty, s te,zip:
Santa Ana, Ca 92701
phone:
(949) 205 3954
Email:
karen@elcentroculturaldemexico.org
Fax:
F
...
Name:
Centro Cultural de Mexico an el Condado de Orange
Tax -Exempt Status: Is your organization anon-pmfil or public lax -exempt organization as ISeleecct One: ❑
defined under Section 501(c)(3) of the Internal Revenue Code? Yes No
If No, you will onty quality for a credit for City -related costs for yourrequest (i.e. permit lees,I
Yes, IT
staff time, rental retes for lecili0'es or equipment, etc.).Costs for City services vary and if
�3-06114169
approved, credit may or may not cover full cost of requested City services. ex ID tt:
If
Donaffign -Request
CityCity Services $-500---
Amount Requested:
DateDate Needed:
09/29/2018
ayor/Coul ncilmembm
Sarmiento
Direct Payment Amount 50O Lent pa e 09/29/2018
Requested: $ I IEvent Time. 200 pm-9:OOPM
St. Samna, Ca 92701
veLocation-: 7R�
[AddliL
City, Stare, Zip
We—are—writing to Invite you to jolnus in celebrating the Gr�Re-Opening of EI—
Description of Centro Cultural de Mexico on September 29, 2018 from 2:00pm to 9:00pm at
Event/ Purpose: 837 N. Ross, Santa Ana, California. You hold a very special place in the history
of our organization and you nlav an imnortant role in the community hased
Willard-N&I o-hb or'If god welcomes e -Centro Cultural deWex-Ico to IN s newhome.
Community Benefit: This will be a free community event to invite the community to know el Centro
and visit our new home. Hosting music and dance performances by community
.i•..1,/ Inn.,/ ...�.......n-.n1;....n ....Mnnln nn.! n •�.. ...n, in
Appllcant Signature:,�� S'--'�•ti e — O9/O6/2018
IDatr
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 t!:
DR -
Reference It on all relateds
Council Meeting Date:
October 16, 2018
Eligibility Met:EY S / NO Approved Amount:
yes $500
City Manager Signature: Dale:
111
Revised 01/0512017
29A-12
CITY OF SANTA ANA
DONATION AGREEMENT WITH
MAGIC INC. ACADEMY OF THE ARTS
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on OCTOBER 16, 2018, by and
between the City of Santa Ana, a municipal corporation ("City") and MAGIC INC. ACADEMY
OF., THE ARTS, 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 to assist
Recipient FOR HOSTING A "DAY OF UNITY" FAMILY FUN RESOURCE FAIR EVENT
ON SEPTEMBER 29, 2018. THE EVENT, WHICH WAS FREE TO THE COMMUNITY,
WAS HELD ON THE 1400 BLOCK OF WEST 5TH STREET ("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
BENAVHIES, believes there is a public purpose in supporting the Community Benefit because it
PROVIDES A DAY OF UNITY FOR LOCAL FAMILIES WHILE PROMOTING
COMMUNITY PRIDE AND ENJOYING A VARIETY OF ARTS & CRAFTS, MUSIC, AND
FUN ACTIVITIES. 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 CONDmONS
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 fiords 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-13
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 that the
individuals who have signed this Agreement have the legal power, right and authority to make this
Agreement bind each respective Party.
EXHIBIT 3
29A-14
CITY OF SANTA ANA
Um
Raul Godinez II
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
ohn M. Funk
Assistant City Attorney
MAGIC INC. ACADEMY OF THE ARTS,
a 501(c)(3) NON-PROFIT
ORGANIZATION
LE
James Stapleton
Founder
EXHIBIT 3
29A-15
:- .
=t^' Cit of Santa Ana City Ma
"�• ��a,'#CB y
20 CivicCene-M-31
20 Civic Center Plaza
Donation Request P.O. Box 1988
Santa Ana, CA 92702
�-- (714) 647-5200
Name: James StapletonI ur a— Founder
Pddraas: --
700 W. 3rd Street Unit B-309
F- s te, np: Santa Ana, CA 92701 Phone:
1714-514-2322
Email:
magic.Inc19 0@yahoo.com IFaax:
Name: Magic Inc. Academy of the Arts
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One:
defined under Sectbn 501(cx3) of the Internal Revenue Code?
Yes No
❑
If No, you will only qualify for a credit for City- related costs for your request (i.e. permit fees,
sIt
"-
Yj--as
staNtime, rental rates for facilities or equipment, etc.). Costs for City services vary and if
(approved, uedit may or may not cover full cost of requested City services. iTax ID p: 181-2098571
1a
City Services Credit
m ount guested:
$ Data Needed:
1-18
y j
BenavidesA
ant Amount
t9-29-18
gCO EvenDate:
r—
meDirectd
�al - 6plI
jRquem
Imayor/Councilmember:
Event Location:
1400 Block of West 5th Street
Address, City, State, Zip
Santa Ana, CA 92703
Provide neighborhood youth with a day of fun, resource info and community unity through arts &
escription ofl Purpose:
[Event
craft, face painting, carnival games, pony rides and music for all ages. Event sponsored by
Magic Inc. Academy of the Arts. Area Neighborhood association will be invited to participate..
[Community Benefit:
A day of unity for local families
Applicant Signature: I
grillto SW&J= ate: 17-10-18 .
Mail: City Managers Office- M.31
Email: dana6onrequest@sante-ana.org
20 Civic Center Plaza
Fax: (714) 647-6954
P.O. Box 1968
Santa Ana, CA 92702
nation Request #: 1 DR - —�
Council Meeting Date; October 16, 2018
FR
ibility Met: I YES / NO Yes Approved Amount• $500
City Manager Signature: I Date:
Revised 01105/2017
29A-16
CITY OF SANTA ANA
DONATION AGREEMENT WITH
CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on OCTOBER 16, 2018, by and
between the City of Santa Ana, a municipal corporation ("City") and CENTRO CULTURAL DE
MEXICO EN EL CONDADO DE- ORANGE, 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 to assist
Recipient for HOSTING A GRAND RE -OPENING OF EL CENTRO CULTURAL DE
MEXICO (NEW FACILITY) ON SEPTEMBER 29, 2018, WHICH WAS A FREE EVENT
FOR THE COMMUNITY WITH MUSIC, DANCE, AND RESOURCES FOR COMMUNITY
MEMBERS ("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
PROMOTES CULTURAL AWARENESS, CELEBRATES DIVERSITY, AND SHOWCASES
LOCAL PERFORMANCES AND RESOURCES. 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.
EXHIBIT 4
29A-17
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, Iiabilities,
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 4
29A-18
CITY OF SANTA ANA
:0
Raul Godinez II
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: yii
hn M. Funk
Assistant City Attorney
EL CENTRO CULTURAL DE MEXICO
EN EL CONDADO DE ORANGE, a
501(c)(3) NON-PROFIT ORGANIZATION
Karen Sarabia
Executive Director
EXHIBIT 4
29A-19
City
i Manager's Office–M-31
City of Santa Ana20 Civic Center Plaza
-I�' Donation Request P.O. Box 1988
. --p Santa Ana, CA 92702
-- (714) 647.5200
dt information
Name —Karen Swabia tie; Executive Director
--
�lddrei- s:
837 N Ross
cltynate,zip; Santa Ana, Ca 92701
--
phone:
(949) 205 3954
Email
karen@elcentroculturaldemexico.org
Fax:
Name:
Centro Cultural de Mexico an el Condado de Orange
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as elect One:
efined under Section 501(c)(3) of the Internal Revenue Code?
Yes No
❑
If No, you will only qualify fore credit for City -related costs for yourrequest (i.e. permit fees,
stafflime, mntaimtestorfacilitiescregulpment, etc.).Costs for CV services vary and If If Ye—
Ppproved, credit may or may not cover full cost of requested City services. (Tax ID ff:
33-0614169
ra.
r
City S s Credit 1$ r0(-
Requested:
lD—atNeeded:
2918 Ma or/Coinellmember.
iBenavldesAmount
�R q sled ant Amount $ 50� p -�ent
Date:
09/29/2018 1 Event Time:
200 pm-9:OOPM
Event Location:
837 N Ross St. Santa Ana, Ca 92701
7
Address, City, State, Zip
We are writing to invite you to joinus in cele�rafing theGrand-Re-Opening of EI- 'I
Description of
Centro Cultural de Mexico on September 29, 2018 from 2:00pm to 9:00pm at
Event/Purpose:
837 N. Ross, Santa Ana, California. You hold a very special place in the history
of our nroanization and you nlav an important rile in the nommunitv haseid
Willard_Neig-`-hboorl-iood welcomes el Centro Cultural de Mexico Yo
Its new ome.
Community Benefit:
This will be a free community event to invite the community to know el Centro
and visit our new home. Hosting music and dance performances by community
Applicant Signature:
-109 6 018 /A��
��
Date'
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
Donation Request #: DR - Council Meeting Date: October 16, 2018
Reference 8 an n!1 reintecl OPVs � 9
Eligibility Met YES I NO YES Approved Amount: $500
---
City Mana gar Signature: Dale:
Revised 01/0512017
29A-20
CITY OF SANTA ANA
DONATION AGREEMENT WITH
ORANGE COUNTY BAR FOUNDATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on OCTOBER 16, 2018, by and
between the City of Santa Ana, a municipal corporation ("City") and ORANGE COUNTY BAR
FOUNDATION, 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 to assist
Recipient to HOST A FREE HEALTH EDUCATIONAL MOVIE NIGHT FOR THE
COMMUNITY ON NOVEMBER 7, 2018, IN SANTA ANA ("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
PROVIDES AN OPPORTUNITY FOR SANTA ANA RESIDENTS TO LEARN ABOUT
VARIOUS HEALTH INFORMATION, OBTAIN RESOURCES, AND PROMOTE DRUG
FREE LIVING. 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 CONxrms
3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of
ONE THOUSAND DOLLARS ($1,000), 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 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.
EXHIBITS
29A-21
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 that the
individuals who have signed this Agreement have the legal power, right and authority to make this
Agreement bind each respective Party.
EXHIBIT 5
29A-22
CITY OF SANTA ANA
By:
Raul Godinez II
City Manager
Attest:
0
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By:
m M. Funk
Assistant City Attorney
ORANGE COUNTY BAR FOUNDATION,
a 501(c)(3) NON-PROFIT
ORGANIZATION
0
Karen Ruan
Executive Director
EXHIBIT 5
29A-23
City of Santa Ana
b1 Donation Request
City Manager's Office - h1.11
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647-5200
1' r ' l.. t
- n r ,f•
Name: Karen Ruan Tltto: Executive Director
Address: 1605 E. 17th Street
'City, state, zip: Santa Ana, CA 92705 Phone: 714-480-1925
Email: kruan@pyocbf.org Fax: 714480-1933
a r: r r ,.,
Name: 'Orange County Bar Foundation
Tax-Exompt Status: Is your organization a non-pro61 or public lax-exempl organiza0on as
defined under Section 501(c)(3) of the Internal Revenue Code? Select Ono: Yes ❑ No
NNo, you tvill only qualtly fora credit forCtfy-related costs for yourrequesf (i.e. permit lees. If Yos,
stafftime. rental rates forlecAVes or equipment etc.).Costs for City services vary andel 23-7068923
approved, credit may or may not cover lull cost of requested City services. Tax ID 0:
City Services
Amountunt Requested:
.g Date Needed: 11/01/2018 MayorlCouncilmembeC VILLEGAS
Req
Direct Payment Amount 51 000 Event Data: 11/07/2018 Event Time: S:OO pm - 8:00 Pm
Requested: t
!Event Location: 1605 E. 17th Street, Santa Ana, CA 92705
Address. City. Slate. Zip
Health Education Movie Night for Santa Ana youth and families. Featuring a HIV awareness film
Description of
Event /Purpose: and providing drug and alcohol prevention information and free HIV testing to celebrate World
AIDS Awareness Month - goal is to promote health education and HIV awareness
Community Benefit:Increased number of Santa Ana youth and family members that know their HIV
status. I creased access to healthcare services and promotion of drug free living.
Applicant slgnawre: — -- q �- Date:- - "09/05/2018
Mail: City Manager's Office -M-a1 Email: donadonrequest@santa-ana.org
20 Civic Center Plaza Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Reguesl :. OR - Council Mcctinr Date- October 16, 2018
Eligibility fact YES I NO YES Approved Amount- 1,000
City Manager Slgnaltlre Dale.
Revised 01/0512017
EXHIBIT 5
29A-24
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SANTA ANA UNIDOS BOXING CLUB
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on OCTOBER 16, 2018 by and
between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA UNIDOS
BOXING CLUB, a California 501(c)(3) NON-PROFIT ORGANIZATION ("Recipient"). City
and Recipient are sometimes individually referred to as `Tarty" and collectively as "Parties" in this
Agreement.
2. RECITALS
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient for HOSTING "THE ROSES IN THE CONCRETE EDUCATION AND ARTS
FESTIVAL" THAT OCCURRED ON AUGUST 25, 2018, THAT WAS OPEN TO THE
COMMUNITY TO CELEBRATE YOUTH IN POWER ("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
VILLEGAS, believes there is a public purpose in supporting the Community Benefit because it
PROMOTED POSITIVE COM[MUNTPY EVENTS FOR YOUTH TO DISPLAY AND
PERFORM ART, MUSIC, AND POETRY IN ORDER TO PROVH)E AN ALTERNATIVE
OUTLET FOR YOUNG PEOPLE. 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
TWO HUNDRED FIFTY DOLLARS ($250), 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 6
29A-2.5
3.3 Waivers. Insurance or Other Obligations. ions. 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 that the
individuals who have signed this Agreement have the legal power, right and authority to make this
Agreement bind each respective Party.
EXHIBIT 6
29A-26
CITY OF SANTA ANA
By:
Raul Godinez II
City Manager
Attest:
LIM
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By.
hn M. Funk
Assistant City Attorney
SANTA ANA UNIDOS BOXING CLUB, a
501(c)(3) NON-PROFIT ORGANIZATION
By:
Jonathan Hernandez
Executive Director & Founder
EXHIBIT 6
29A-27
"¢-`
+-%� Cityof Santa Ana City Manager's Office -M-31
20 Civic Center Plaza
QI Donation Request P.O. Box 1988
Santa Ana, CA 92702
—' (714) 647.5200
CoritActInformation
Name; Johnathan R. Hernandez ule, rE.D &Founder
Ad rens: 714 N Raitt St
City, state, zip:f Santa Ana, CA, 92701 iPho�
657-261-1653
Email l: santanaunidos@gmail.com ax:
Organizatibri, Information
Hama:
Santa Ana Unidos Boxing Club
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 -related costs for yourrequest (i.e. permit fees,
!r Yes'
aNrime,rental rates forfacilifies or equipment,etc.). Costs for City services very and if [47-5211563
ppmved,credit may or may not cover full cost ofrequested City services. ax IDM
Donati.11-Request
City Services Credit $— Date Needed:
,Amount Requested:
O8 -Z5-2018
Mayor/Coin neilmember:
YOegas
Direct Payment Amount
Z 05 00 Event Date: 08-25-2018
Time: 11:00 AM - 4:30 PM
Requested:
I$
iEvent
120-W. 5t�i St, Santa Ana. CA. 9270
Event Location:
Address. City, State. Zip
-
The Roses Iv Concrete d cuation & Arts festival Is r61nging together muslcans,
on of
FE,ent
students, educators and community to celebrate youth in power.
urpose:
This event dire' ctly chat engel s negative sterotypes that kiln ear youthfrom i�nving
community Benefit:
within our city. Youth are able to perform art, music and poetry amongst some of
their favorite and most influential artists.
Applicant Signature: f_ I Date: 108-06-2018
Reftftriet6d
Mali: City Manager's Office -M-31 Email: donationrequest@santaana.crg
20 Civic Center Plaza Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request #: DR -
Reference h on SII r hh.d OPVs Council Meeting Date October 16, 2018
r _ 1 I
—
I Eligibility Met: YES / NO YES Approved Amount: $250
-----
jCity
City Manager Signature ( I Dale
Revised 01/05/2017
29A-28