HomeMy WebLinkAboutEL CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGEN-2018-207
0 ; )V" 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 169 2018, by and
between the City of Santa Ana, a municipal corporation ("City") and CENTRO CULTURAL DE
MEXICO EN EL CO1N]DADO 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. REcium
11 Community Benefit, The City wishes to provide Recipient with fiulding to assist
Recipient for HOSTING A GRAND RE -OPENING OF EL CENTRO CULTURAL DE
MEXICO (NEW FACILITY) ON SEPTEMBER 2% 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 render 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 CONmTIoNs
3.1 Use of Ponds. 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 feuds 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 fu11y 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 Tenn; T„ nination 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
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.
3A No—O rsig t bY Cil y. 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 hereo% 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 Aereement. 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
CITY OF SANTA ANA
r
By:
Raul Godinez II
City Manager
Attest:
l �M� l
to •.wu�
Approved as to Form:
Sonia R, Carvalho
City Attorney
By,(/
hn M. Funk
Assistant City Attorney
EL CENTRO CULTURAL DE MEXICO
EN EL CONDADO DE ORANGE, a
501(c)(3) NON-PROFIT ORGANIZATION
By: fG d s'—/�•�i
Karen Sarabia
Executive Director
EXHIBIT 4
City of Santa Ana
Donation Request
City Manager's Office — W1
20 Civic Cantor Plaza
P.O, Box 1988
Santa Ana, CA 92702
(714) 647-5200
[Nam ... o;_ lGentro, Cultural de --Mexico an- aI,C ... 6n,da-do de, Orange
Palmed under Section 601(c)(3)of the Internal Revenue Code? .electYes No
ttq;-kxo m -pt Status: Is your organization a ron•p-roflt or public tax-exempt organization a One:
If No, you will only quality for a credit for City -related costs for your request (i.e. permit foes,
staff Ilme, rental rates for facilities or equipment, otc.). Costs for City services very and If 33-0614169
approved, credit may or may not cover Art cost of requested City services.
Donation Request 7777777
Jay services Credit I$- 6 0_4 _-
Date Needed: 09/29/2018
IMayor/Councilmomber: Benevides
,'Amount Requested:
pm -9 :0 Time: 2:0
a so 0 EveneEve nt Dat: 09/29/2018 lt 0 OPM
I
101rect Payment Amount
lRequested: I I
Ii Event Location;
Address, City, State, Zip
Mail; City Manager's Office — M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Donation Request#;
RO,qww, 11 wk (W rN,rMd (WVS
Eutilbilily Met:
City Monagor Signature:
DR -
YES/NO YES
*IV
115mell: 'dona-tionre'que'sta'sa-n-t-a-.ano.'or"g-
Fax: (714) 647-6954
Council Meeting Dato:
Approved Amount;
Date;
October 16, 2018
$500
Revised 01/05/2017
N
Weare .. writing to invite you to us in celebrating the Grand-kii-Openinig of El
1130scriptlomor
Centro Cultural de Mexico on September 29, 2018 from 2:00pm to 9:00pm at
Event i Purposm
837 N, Ross, Santa Ana, California, You hold a very special place in the history
of our oroani7ation and vou niav an Imnorlant role In thA nommuriltv hatted
Willard Neid'h1666rhoodWelod 6'61 Cbrifeb Cultural de Mexico toffls now horne.
Community Benefit:
This will be a free community event to invite the community to know el Centro
and visit our now home. Hosting music and dance performances by community
Applicant $19nature:
�A ��I+,,
jDats: E09/06/2018
Mail; City Manager's Office — M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Donation Request#;
RO,qww, 11 wk (W rN,rMd (WVS
Eutilbilily Met:
City Monagor Signature:
DR -
YES/NO YES
*IV
115mell: 'dona-tionre'que'sta'sa-n-t-a-.ano.'or"g-
Fax: (714) 647-6954
Council Meeting Dato:
Approved Amount;
Date;
October 16, 2018
$500
Revised 01/05/2017
N