HomeMy WebLinkAbout29A - DONATION AGMTREQUEST FOR
COUNCIL. ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 20, 2018
TITLE:
DONATION AGREEMENTS WITH
VARIOUS ORGANIZATIONS TO
SUPPORT COMMUNITY EVENTS AND
PROGRAMS
(STRATEGIC PLAN NO. 5,4)
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RECOMMENDED ACTION
11
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 161 Reading
❑ Ordinance on 2"d Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
1. Approve a donation form in support of the Movie Night held at Portola Park for residents of
the neighborhood, including Hoover Elementary School students, on November 9, 2018 in
the amount of $435 in City services credit (Councilmember Tinajero).
2. 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:
a. Centro Cultural de Mexico en el Condado de Orange in support of the Noche de
Altares event, free to the community, that occurred on November 3, 2018, in a one-
time donation amount of $500 (Mayor Pro Tem Martinez);
b. 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 $500 (Councilmember Solorio);
C. Te-Kenjutsu-KanKarate-Do to support the 16th Annual Adlawan Cup Food Drive
Karate Championships that will provide supportive items for homeless individuals in
the City, in the amount of $500 (Councilmember Solorio);
d. Centro Cultural de Mexico en el Condado de Orange in support of the Noche de
Altares event, free to the community, that occurred on November 3, 2018, in a one-
time donation amount of $500 (Benavides).
29A-1
Donation Agreements with Organizations to
Support Community Events and Programs
November 20, 2018
Page 2
DISC Special
u4 5lResolution 01
establishing42, aresolution Event
On Augmicretionary Funds. and
Sponsorship PolcY and Guidelines for Dss
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 u to $10,000 per
fiscal year to support eligible organizations, including neighborhood associatio s and non-profit
t under section 501 (c)3 of the Internal
organizations. Eligible or that are not tax exemp
Revenue Code are eligible for in-kind funding for City Services.
vcommunity
Forms (Exhibit 1) and Donation Agreee Donation Requests
The donation forms and agreements listed above are in response to th
ments (Exhibits 2-5) submitted by various
ing
specific
utibksponsorship
organizations or besrespectively, eviwed and agreed
for community events and/or programs.
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 - Communit Health, Livability,
Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability).
FISCAL IMPACT
in the
m 0
18-19
Funds to support the City Council Sponsorship Policy are availablelable from a ch of the following
il
General Non -Departmental account (01105015-62300) as appropriate
Councilmember's appropriated amounts for Fiscal Year 2018-19:
Mayor Pro Tem Martinez
$ 500.00
$ 1,000.00
Councilmember Solorio
Benavides
$ 500.00
Councilmember
Councilmember Tinajero
$ 435.00Total $ 2,435.00
APPROVED AS TO FUNDS AND ACCOUNTS:
A/ �&
Kathryn Downs, CPA
Executive Director '9�
Finance and Management Services Agency
Exhibits: 2-5 Donation Agreements Night
Donation Form for
29A-2
0
City of Santa Ana
Donation Request
City Manager's Office - M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647-5200
Nam — QthY16lV1d0 �J[Ll leYf2ZFlue `�PIV1G1 ill
Name:—
Addres� s:
Ltoq F , Sav*A C la (re, Ave ,
1 ity,scr tate, Zip:
SahllA, Pliv-A,Ck '1270b rPhone:(-114) S&LL -2_(03
Email:YMA%k.G�Tierre
SIcj ue —'Fax:
C rbL+-2_1"1j
4Oover F-I2w�ew Ary (; . 001
npt Status: Is your organization a non-profit or public tax-exempt organization as
ider Section 501(c)(3) of the Internal Revenue Code?
will only qualify for a credit for City -related costs far yourrequest (i.e. permit fees,
rental rates fortacilities or equipment, etc.).Costs for City services vary and if
credit may or may not cover full cost of requested City services.
One:
ID p:
7M
Qon`%o61Regiie's`tj,`--�_
City Services Credit I 435.00 (Date N d: 11( ,1 I�! Tina or01,
Amount Requested: SGt Ma orlCouncitmember. . _ ).,_ _ .
tract Payment Amount f/
Event-TDa�te: NDv , 9 t20�1tp iEvle�nt'Ti�me:'.t I –r.00 – C150 PM
;Requested: �5
r
Event Location:
I
�POrkO�a, _PA V- setNTLL. rout r CA 4277015
(Address. City, State, Zip
City Manager Signature:
Description of
t� tDv I l�l.i�l
Event I Purpose:
(�
S LW d el Se vLgG o -F Co tnM> IA 0 r�
Community Benefit:
,
-�aw�lae`s s4udeu�s of 4_6vev, tlew',evjar�
Signature:
Applicant� at
Mall: City Manager's Office–M-31 Email: donatlonrequest@sante-ana.org
20 Civic Center Plaza Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
Crit Eb'l_-t+17L-S' - --
Donation Request N:
Reference H on all related DPVs
DR -
YES I NO YES
Council Meeting Date: 11/20/18
Eligibility Met:
� Approved Amount: $435*(City Service Credit)
I _
City Manager Signature:
—
-----
Date: i _I
NOTE: Journal Entry for movie cost
1
Revised 0110512017
29A-4
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 NOVEMBER 20, 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 ACTIVITIES AND PARTICIPATING IN THE NOCHE DE
ALTARES EVENT IN DOWNTOWN SANTA ANA WHICH WAS HELD ON NOVEMBER
3, 2018. THIS WAS A FREE EVENT FOR THE COMMUNITY WITH MUSIC, DANCE,
AND CULTURAL CEREMONIES 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 MAYOR PRO TEM
MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it
PROMOTES CULTURAL AWARENESS, CELEBRATES DIVERSITY AND CULTURE.
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 Tenn; 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.
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 2
29A-6
CITY OF SANTA ANA
m
Raul Godinez If
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
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
0
Karen Sarabia
Executive Director
29K-'7
1�=''
City of Santa Ana City Manager's Office—M-31
y 20 Civic Center Plaza
a Donation Request P.O. Box 1988
t_�P / Santa Ana, CA 92702
'-- (714) 647.5200
Name: :I Centro Cultural de Mexico en el Condado de Orange
Tax -Exempt Status: Is your organization a non-profit or public lax -exempt organization as
defined under Section 501(c)(3) of the Internal Revenue Code?
If No, you will only qualify for a credit for City -related costs for your request (i. e. permit fees,
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if
approved, credit may or may not cover full cost of requested City services.
alect One:1
Name; !Karen Sarabia ;t;e;
Executive Director
Address:
1837 N Ross
city, State, zip: Santa Ana, Ca 92701 phone;
1949 205 3954
FE, a,
karen@elcentroculturaldemexico.org
Fax:
families, students, community organization and businesses come together to
Name: :I Centro Cultural de Mexico en el Condado de Orange
Tax -Exempt Status: Is your organization a non-profit or public lax -exempt organization as
defined under Section 501(c)(3) of the Internal Revenue Code?
If No, you will only qualify for a credit for City -related costs for your request (i. e. permit fees,
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if
approved, credit may or may not cover full cost of requested City services.
alect One:1
yes
Yes,
Ix ID #:
33-0614169
No
.. . ..-
CityServicesCredit Date Needed: 11/03/2018 Mayor/Councilmember: Martinez
[Amount Requested:
Direct Payment Amount 5QQ Event Date: 11 /03/201 H Event TJme: 1:00 PM
Requested:
Event Location:
Address, City, State, Zip
4th Street and Birch
Santa Ana,Ca 92701
Eligibility Met:
Since 2002, El Centro Cultural de Mexico has been organizing Noce e A tares,
Description of
or a Night of Altars, a community based Dia de los Muertos celebration, where
Event/Purpose:
families, students, community organization and businesses come together to
Date:
create an authentic cultural exnerienct=, that reflects Mexican tradition -and -what
For one nig t,amilif es, students, community organizations, activists, artists, an
Community Benefit:
businesses are invited to build an altar in memory of a deceased loved one or to
bring awareness to a social issue. By making altars, participants are inviting
F.,11.,,., .. .. R., ... ... L...... i..M 0-i. - Hf— .. 4 .. .. f... ., L.. ,,...I .. f1. ,...
^^^,10/15/2018
Applicant Signature:
C�
Date:
Mail: City Manager's Office—M41 Email: donationrequest@santa-ana.org
20 Civic Center Plaza Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
WYI1@@ t7.4ri
Donation Request #:
Reference # on all related OPVs
DR -
Council Meeting Date:
11(20!18
Eligibility Met:
YES / NO YES
Approved Amount:
$500
City Manager Signature:
Date:
2
Revised 01/05/2017
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SECOND CHANCE ORANGE COUNTY
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on NOVEMBER 20, 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").
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 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 COUNCILMEMBER SOLORIO,
believes there is a public purpose in supporting the Community Benefit because it WILL PROVIDE
AN ECONOMIC VALUE TO ASSIST AT -RISK YOUTH IN SANTA ANA SO THEY MAY
BECOME 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 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.
2§X39
39
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.
2MV1 0
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 _
0�lv. Funk
Assistant City Attorney
SECOND CHANCE ORANGE COUNTY,
a 501(c)(3) NON-PROFIT
ORGANIZATION
am
Deborah Johnson
Executive Director
2UIT
Ai 1
,
2U-312
Cityof Santa ACity Manager'sOff7ce-M-31
anAna
20 Civic Center Plaza
Donation Request P.O. Box 1988
_ Santa Ana, CA 92702
- (714) 647-5200
'[Deborah
,Name: Johnson—rExecuGe Dlrecto�
Pddre�
2618 San Miguel Drive #284
C1 sr wte, Zip: Newport Beach, CA 92660 nv �e, 714 478-8351
l: debjll@loloud.00m Fes— �—
Email:
•nizatbon Information
Name:
Second Chance Orange County
Tax -Exempt Status: Is your organization anon -profit or public tax-exempt organization as elect One:
�I--� Eldefined under Section 501(c)(3) of the Internal Revenue Code?
yea No
If No, you will only qualify for a credit for City -related costs for yourrequest (.e. permit fees, �—
If Yes,
staff time, rentalrates for facilities or equipment,etc.).Costs for City service's vary andif 81-1224869
approved, credit may ormay not coverfull cost of requested City services. [rax lDM
City Services Credit iDatNeeded:
Requested:
Stemberl0 iMayorlCounclimemner.
I
SOlOflOPmount
Direct Payment Amount Event Date Se tember 22 —
,Requested: $500 P Event Time: 5-9pm
1919 N. Heliotrope Dr. Sania Ana, Ga-92766—
a 92706Addres;
(Event Location
Address;G'N. State, Zip
Help augment our CDBG grant inSanta Ana to pay fox -65 —gap in t e proms
Description of budget. The money raised goes to program services so we can continue to
Event) Purpose: provide services to Santa Ana Homeless and recovering alcohol/drug addicts.
Inrluftinn-mentorina/rnachina. inh nlacPment FAFSA heln R sunnortive services
EcoF11
ttheseo ton o th longer usepu tic services, they pay taxes,
they pa roalue,
er
munity Benefit they pay rent and are no longer on the street, they become productive members
of society.
�Appllcant S�ture:—F� August 22,2018
Mail: City Manager's Office -M-31
Email: donationmquest@santaana.org
20 Civic Center Plaza
Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request 8: _ DR
ne,•nwncononallrera:caonvs Council Meeting Date: 11/20/18
Eligihility Met
II
YES / NO YES Approved Amount:
$500
City Manager Signature
Date:
I
Revised 011052017
,
2U-312
CITY OF SANTA ANA
DONATION AGREEMENT WITH
TE-KENJUTSU-KAN KARATE -DO
PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on NOVEMBER 20, 2018 by and
between the City of Santa Ana, a municipal corporation ("City") and TE-KENJUTSU-KAN
KARATE -DO, a Califomia 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 in HOSTING THE 16TH ANNUAL ADLAWAN CUP FOOD DRIVE KARATE
CHAMPIONSHIP AT SEGERSTROM HIGH SCHOOL WHICH WAS HELD ON
NOVEMBER 11, 2018. ALL COMPETITORS DONATED GOODS TO GIVE TO THE
WISEPLACE WOMEN'S SHELTER ("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 SOLORIO,
believes there is a public purpose in supporting the Community Benefit because it PROVIDES AN
OPPORTUNITY FOR YOUTH AND FAMILIES TO GIVE BACK TO THEIR
COMMUNITY, BRING AWARENESS TO THOSE IN NEED, AND BENEFITS OUR
YOUTH IN TEACHING THEM THE VALUE OF COMMUNITY SERVICE. 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.
2LXFIBIT
9A -i 3
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 4
29A-14
CITY OF SANTA ANA
By:
Raul Godinez
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: jiv.
J& M. Funk
Assistant City Attorney
TE-KENJUTSU-KAN KARATE -DO, a
501(c)(3) NON-PROFIT ORGANIZATION
By:
Peter Mangosing
Chief Instructor
9`AIT1
2 5
City of Santa Ana
Donation Request
City Manager's Office – M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 547.5200
Iµeln,{-swylRY norer�rnro;n I
Name: Peter Mangosing 'Fula:. Chief Instructor
ddress:
1118 W. Stevens Av.
Ply. state, zip:
Santa Ana, Ca. 92707 Phone: 714-745-7801
Email:
tkksensei@te-kenjutsu-kan.com
Fax:
Address, City, state, Zip
IName: ITe-Kenjutsu-Kan Karate -Do Organization
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as
defined under Section 501(c)(3) of the Internal Revenue Code?
elect Ona:
Yes ❑ No
If No, you will only qualify lora credit for City -related costs foryourrequest(ie. permit fees,
Eligibility Met:
YES i NO YES
tafftime,rentalratesforfacilitiesorequipment,etc.).CostsforCityservicesvaryandit
ryxes�
Address, City, state, Zip
credit mayor may not cover full cost of requested City services.
:
#201371172approved,
- i
:O YY -
City Services Credit Data Needed: Ma orlCouncitmemben Solorio
��—�
mount Requested:
Direct Payment Amount
500.00 Event Date: 11/11/18 Event Time; 9:00anl
Requested:
Eligibility Met:
YES i NO YES
Even/ Location:
gerstroff High School
F2301
Address, City, state, Zip
W. MacArthur Blvd. Santa Ana, Ca.
Date:
Te-kenjutsu-Kan Karate -Do, 16th Annual, Adlawan Cup Food Drive Karate Championships, Where all
Description of
competitors are required to donate, 2 -cans of food, 1 small bag of rice or pasta, 1-4 pack of toilet paper or a
Event Purpose:
4 -pack of paper towels. All donated goods go to the WisPlaoe a Shelter for Women in the City of Santa Ana.
The event benefits The WisePlace a shelter for women in Santa Ana. The donated goods are much needed by the women transitioning from
Community Benefit:
being homeless to self-sufficient and empowered to make a better life for themselves. By bringing our community together to help organize
the event it raises awareness to the needs of the ladies of WisePlace. It also benefits ouryoulh in teaching the Importance of community
seMce.
Applicant Signature:
�//e/
Date: -F
I
Mall: City Manager's Office–M-31 (Email: donationrequest@santaana.org 'I
20 Civic Center Plaza Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
Revised 01/05/2017
EXHIBIT 4
29A-16
Donation Request 0:
Refcrenca f! on all related DPVs
DR-
Council MaeBng Date:
11/20/18
Eligibility Met:
YES i NO YES
Approved Amount:
$500
City Manager Signature:
Date:
Revised 01/05/2017
EXHIBIT 4
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 NOVEMBER 20, 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 ACTIVITIES AND PARTICIPATING IN THE NOCHE DE
ALTARES EVENT IN DOWNTOWN SANTA ANA WHICH WAS HELD ON NOVEMBER
3, 2018. THIS WAS A FREE EVENT FOR THE COMMUNITY WITH MUSIC, DANCE,
AND CULTURAL CEREMONIES 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 CULTURE.
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.
29 -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, 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.
2WHPIT 9A-1
CITY OF SANTA ANA
m
Attest:
S7
Raul Godinez II
City Manager
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
A op
By:
Mm 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
29 -i 9
�: City Manager's Office— M-31
- City of Santa Ana 20 Civic Center Plaza
Donation Request P.O. Box 1988
* Santa Ana, CA 92702
(714) 647-5200
Name: ICentro Cultural de Mexico en el Condado de Orange
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as
defined under Section 501(c)(3) of the Internal Revenue Code? Select One: Oes ❑ No
If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees,
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and ifraxelsD
, 0614169
approved, credit may or may not cover full cost of requested City services. M
LRetum completed form via:,
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
,Hfn" lIIc l'o7111"t
IP'City Servicegs Credit 1q Date Needed: 11/03/2018
Mayor/Councilmember:
Benavides
ount Re uested: I-
Eligibility Met:
YES / NO YES
DirectPaymentAmount
5500 Event Data. 11/03/ZO18
Event Time:
1:00 PM
Requested:
4th Street and Birch
Event Location:
Address, City, State, Zip
Santa Ana, Ca 92701
Since 2002, EI Centro Cultural de Mexico has eon organizing Noche e�AltaA res,
Description of
or a Night of Altars, a community based Dia de los Muertos celebration, where
Event/Purpose:
families, students, community organization and businesses come together to
create an authentic cultural exnerience that reflects Mexican tradition and what
For one night, families, students, community organizations, activists, artists, and
Community Benefit:
businesses are invited to build an altar in memory of a deceased loved one or to
bring awareness to a social issue. By making altars, participants are inviting
F..II...., .. ..i{., ... ...{...... i..4.. 4k—;i n..,.. IK...... 4.. .. F..... I... •..r7. .. rl. ,...
^^^,09/15/2018
Applicant Signature:
`1 C`�,
�J ti
Date:
LRetum completed form via:,
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
,Hfn" lIIc l'o7111"t
Donation Request #:
Reference llon all related DPvs
DR.
Council Meeting Date:
9
11/20/18
Eligibility Met:
YES / NO YES
Approved Amount:
S500
City Manager Signature:
Date:
Revised 01/05/2017