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Home My WebLink AboutEL CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE (2)N-2018-205 �s m-0 (l9 J wi t r-�,ea•o�"r' CITY OF SANTA ANA DONATION AGREEMENT WITH CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE 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. REciTA s 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 Piano , The City, by recommendation of COUNCIL EMBER 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 CoNmioNs 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 fiords, Recipient agrees to use the funds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below, 3.2 Term; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the funds. The City has the right to terminate this Agreement upon one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have the right to demand the immediate return of all funds provided to Recipient pursuant to this Agreemcnt, 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, EXH€BIT 2 3.3 Waivers. Insurance qr 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 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 Bencfit, 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 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 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 CITY OF SANTA ANA By: 1 Raul Godinez II City Manager Attest: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: ohn M. Funk Assistant City Attorney EL CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE, a 501(c)(3) NON-PROFIT ORGANIZATION By: Karen Sarabia Executive Director EXHIBIT 2 City of Santa Ana Donation Request 'Iliamm` -Karen SanWiii' [8,V -N Ro'ss icity, State, ZIP: Santa Ana, Cal 92701 IE , in I a I it [ki�-r-e--n--@,-e--i-ce--nt--r-o-c-u-it-uraide-mex'ic-o.o'rg City Manager's Of - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 6474200 lPhone: 1(949) 205 3954 IF= I Name; Centro Cultural de Mexico an at Condado de Orange I Tax. *Exempt Status; is your organization a not-pro-fi-for-pu-i'lic tax-exempt or'ganlzanf'on as I., else I t 0 1 no: yes No defined under Section 501(cX3) of the Internal Revenue Code? If No, you will only quality for a credit For Chy-rolated costs for your request (I. a. permit foes, staff time, rental rates for facilities or equipment, etc.). Costs for City services very and If 33-0614169 approved, credit may or may not cover full cost of requested Cfty services, ax Ip ft.. ICIV SonAces Credit jpate Needed: 09/29/2018 MayorlCouncilmomber: Sarmiento mount Requested: � Woof paltmani Antount Requosted: 500 vent Date: 109/29/2018 iEvent Time: 2:00 pm-9:00PM 1-937 N Ross8t. Santa Ana, Ca 92161 - Event Location: (Address, City, State, Zip +Description We are writing to invite y6u'fd join us in celebrating the Grand Re -Opening of -5l f-51Description (Centro of Cultural de Mexico on September 29, 2018 from 2:00pm to 9:00prn at Event I Purpose: 837 N. Ross, Santa Ana, California. You hold a very special place In the history of Our oroAnl7vition and vou nlpv an Imnortant mlFj in the nommuriltv hasad WillardRilighboorli66d welcomes el Centro Cultural de Mexico to it's new home. Community Soneft 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 jApplicant Sign ature: n,A 09/06/2018 Mall: City Managoes Office -M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Donation Request #: DR - Eligibility Matz YESI NO yes City Manager Signature: Email: donationrequost@santa-ana.org Fax: (714) 647-6954 counril Meeting Date: Approved Amount; Date: October 16, 2018 $500 11 r& -%V Revised 0110512017