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Home My WebLink AboutSECOND CHANCE ORANGE COUNTYCITY OF SANTA ANA DONATION AGREEMENT W`ITII SECOND CHANCE ORANGE COUNTY I, PAairIEs ANn WATD+ This Donation Agreement {'Agreetnenf') is entered into on OCTOBER 16, 2028 by and between the City of Sarna Ana, a municipal corporation C City") and SECOND CHANCE 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, REWALS 2.1 QQnmuuuty lime it, The City wishes to provide Recipient with funding to assist Recipient for PROVIDING SERVICES TO SANTA ANA YOUTH THAT ARE HOMELESS OR RECOVERING ADDICT'S BY CONNECTING YOUTH WITH SERVICES AND EMPLOYMENT ("Community Benclit"). The Parties wish to enter into this Agreement to establish the terms and conditions ander which the City will provide funding, 2.2 Public Pruppse, The City, by recommendation of MAYOR IBRO 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 CONDTFION3 3.1 Use of Eund r, 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 finds for such purpose or otherwise comply fu'l'ly 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, Tezminatiot o A eannent This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the fiords, 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 irmuedune return of all funds provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (IO%) per annum. Notwithstanding the 'foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 1 3.3 WaiyoTs insurance th r Ol Latinns. h'or purposes of the City's protection, if the City dotennines 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 Oyersit ht 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 Indquinifi_ eatign. 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, there#'ore, Recipient shall defend, indeavtify 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 al'1 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 nnisconduet or sola 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 shrill pay and satisfy any judgment, award or decree that may be rendered against the City or its officials, o'tl'icers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Recipient shall reimburse City and its officials, officers, employees, agents, anftr 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 lndonmification provisions of this Agreement shall survive any expiration or termination of this Agreement. 3,6 Entire Contract/Modification, This tlgreeniont contains the entire agreement of the Patties with respect to the subject matter hereof', and supersedes all prior negotiations, understandings or agrcornents. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.7 Aujiority to ] ntor Aereeanent. 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 r CITY OF SANTA ANA By: .. Raul Godinez II City Manager Attest: By: cou" " ' r Maria D. 'Huirar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By:rp/' FA,—- hn M. Funk Assistant City Attorney SECOND CHANCE ORANGE COUNTY, a 50I(c)(3) NON-PROFIT ORGANIZATION t' By:a Deborah Johns n Executive Direc r EXHIBIT 1 Q�'^" City of Santa Ana Donation Request Cirlixam',por's0floce, NI -31 20 Civic Center Plaza P.O Sco, 1938 Senn, Alta, CA 92702 1714) U7,5200 er Name: Deborah Johnson Title: Executive Director Addrens; 2618 San Miguel Drive #284 city, state, Zm, Newport Beach, CA 92660 stnall; dei)jII@icloud.com lilMIiP, & T" OF NO'no: Second Chance Orange County Phone: 714 478-8351 Fax: Tax-Exemptsnaus: select onal entitled undetPd1un Of the Internal RevanVeCode? Ri yes 0' No It No. you well only q"affy 10, a cmda to, Cly-afofed Costs foryourlelforst on. permit leas, ,tefiffUlne leofed',Ws for facdolles of Wo) Cotas for city seNcon very andel It Yes, APPM10d, cretia may or "Illy not Co"lW full cityeeivicas Tax to In 61-1224869 City sortomrs; cmdIt Date Needed, September 10 m,,,jc,Vncllmamb,', Martinez Amount Requerfunf: y Direct Payment Amount* Requested; 1 1000 Event Oalo: September 22 emnt rimc 5.-gpm event Location: 1919 N. Heliotrope Dr. Santa Ana, Ca 92706 Addt,mr, Qn, Wto- Zit To raise funds to be able to augment our CDBG grant in Santa Ana to pay for the Dtorcription of gap in the program budget. The money raised will go to program services so we Evert I Purpose: can continue to provide services to the Santa Ana Homeless and recovering pIrnhol/rits in addicts 'l-hera hein noffino Into Economic value, these individuate no longer use public services, they pay taxer, Community nenfniL they pay rent and are no longer on the street, they become productive members of society, Applicant Gionatunt: 03MOMMMMMON I is M,3117 City Manager's once —M-31 20 civic Center Plaza P.Q. Box 1988 Unix Ann, CA fcoU YES Data; August 22, 2018 Email: tlonalionrmgnest(�Hranta-ana.arg Fix: (714)5474x054 EXHIBIT 1 October 16, 2018 $1,000 U-Ite-9vit Revised 01105/201/