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HomeMy WebLinkAboutTE-KENJUTSU-KAN KARATE-DO49'7 DEC i 9 218 ()-. O l CITY OF SANTA ANA DONATION AGREEMENT WITH TE-KF.NJUTSU-KAN KARATE -DO 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 TE-KENJUTSU-KAN KARATE -DO, a California 501(e)(3) NON-PROFIT ORGANIZATION ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RFCITALS 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 CONDPPIONS 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 folly 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 fiy5t 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. N-2018-222 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. N-2018-222 CITY OF SANTA ANA P By: u4y_ Raul Godinez City Manager Attest: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: Ln. J M. Funk Assistant City Attorney TE-KENJUTSU-KAN KARATE -DO, a 501(c)(3) NON-PROFIT ORGANIZATION By: _ Peterangng Chief Instru for EXHIBIT 4 Cil Y &WO W. -C I"IW.WkV By: Raul Godinez City Manager Attest: By: Maria D. Huizar Cleric of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: IU. Jfin M. Funk ssistant City Attorney TE-KENJUTSU-KAN KARATE -DO, a 501(c)(3) NON-PROFIT ORGANIZATION LN Peter Mangosing Chief Instructor CltyManager's Office— M41 ,sh City of Santa Ana 20 Civic Center Plaza Donation Request N-2018-222 P.O. Box 1988 Santa Ana, CA 82702 -- (714) 047-5200 Contacto Name: IPeter Mangosing ide: Chief Instructor c dress: 118 W. Stevens Av. uy, state, 2Ip: Santa Ana, Ca. 92707 Phone: 714-7.45-7801 lEmalk itkksensei@te-kenjutsu-kan.com IFax: IName: ITe-Kenjutsu-Kan Karate -Do Organization opt Status: Is your organization a non-profit or public tax-exempt organization as der Section 601(c)(3) of the Internal Revenue Code? Wit only qualify fora credit for City -related costs for your request (l. a, permit fees, rental rates for facilities or equipment, etc.). Costs for City services very and if credit may or may not cover full cost of requested City services. One: Yes, Ix ID #: ZYes ❑ No 20-1371172 Return completed form via: Mail: City Manager's Office -M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 847.8984 P.O. Box 1988 Santa Ana, CA 92702 e DMayor/Couneilmembor. SoloroCity ServicesCredit o Needod: [Amount Requested: irect .0.0 EvenYDate: 11/11/1$ Event Time: DequesaymentAmount 9:00am Requested: ,C�© City Manager Signature: _ _ ate= �T Event Location: Segerstrom I School Address, City, State, Zip 2301 W. MacArthur Blvd. Santa Ana, Ca. 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 I Purpose: 4 -pack of paper towels. All donated goods go to the WisPlace a Shelter for Women in the City of Santa Ana. The event benefits The WisePlace a shelter for women in Santa Ane 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 ladles of WisePlace. It also benefits our youth in teaching the Importance of community 68NIee. Applicant Signature: ` [Date: Return completed form via: Mail: City Manager's Office -M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 847.8984 P.O. Box 1988 Santa Ana, CA 92702 Revised 01/05/2097 Donation Request M. DR- Nefmzncv 9 on all related DPVa Eligibility Met: YES I NO Council Meeting Date: YES Approved Amount: 11/20/1$ $500 City Manager Signature: _ _ ate= �T Revised 01/05/2097