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Home My WebLink AboutCHARITABLE VENTURES OF ORANGE COUNTY (22)N-2019-018-05 JAN 15 2919 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR ARTESIA PILAR NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on DECEMBER 18, 2018, by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OE.._,ORANGE— -COUNTY -FISCAL SPONSOR FOR THE ARTESIA PILAR NEIGHBORHOOD ASSOCIATION 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 for the ARTESIA PILAR NEIGHBORHOOD ASSOCIATION TO HOST ITS ANNUAL HOLIDAY EVENT ON DECEMBER 10, 2018, WHICH WAS FREE AND OPEN TO THE COMMUNITY ("Community Benefit"). The Parties wish to enter into this Agreement to establi:S>- the terms and conditions under which the City will provide funding. lb �1/m 2.2 Public Purpose. The City, by recommendation of VILLEGAS believes there is a public purpose in supporting the Community Benefit because it assists the ARTESIA PILAR NEIGHBORHOOD ASSOCIATION IN HOSTING THE ANNUAL HOLIDAY EVENT THAT PROMOTES COMMUNITY PRIDE AND UNITY. 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. EXHIBIT 5 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 bey. 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 5 N-2019-018-05 CITY OF SANTA ANA By: To.r Raul Godinez II City Manager Attest: By.r,. Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: --�- J#n M. Funk Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY FISCAL SPONSOR FOR ARTESIA PILAR NEIGHBORHOOD ASSOCIATION, a 501(c)(3) NON-PROFIT ORGANIZATION By: / Ted Kim Chief Operating Officer EXHIBIT 5 City Manager's Office - M-31 Cit of Santa Ana 20 Civic Center Plaza Donation Request ,,,. y N -2019 -018 -OS P.O. Box 1986 Santa Ana, CA 92702 "�"'�-" - (714) 647.5200 Contact information Name: Ruby Gonzales -Woo tie: President ad.. 2234 N. Pacific Ave city, state, zip: I Santa Ana, CA 92706 Phone: 714-835-8925 Emag: wooruby@yahoo.com Fax: none I Name: (Artesia Pilar Neighborhood Association (APNA)/Charitable Ventures of Orange County Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as elect One: ❑ defined under Sectlon 501(c)(3) of the Internal Revenue Code? Yes No NNo, you will only qualify for a credit for Cily-related costs Por your request (i.e. permit fees, r.Y74. taff time, rental rates for facilities or equipment, etc.).Costs for City services vary and ff208756660 approved, credit may or may not cover full cost of requested City services. Donation Request mi Services Credit Requested: Data Needed: Dec. 10, 2018 Ma orfCouncllmember: Please Choose From the List Below y ount Direct Payment Amount $500 Event Date: Council Meeting Date: Event Time: 12:00 EaenmXmn dune Me..amdamwearcouncMenuber equested: Approved Amount Dec. 15, 2018 noon `ZS� _ Date: 1-14-77 a t Event Location: Lydia Romero Cruz, 2701 W. 5th Street, Santa Ana, CA 92703 Address, Oty, State, Zip .1PXRamwe Wwpy Wnmembm PnlMlimmeeemmapellNtle PIN.BM1m4 XPNPMIwaneSYiMeof Wv^N'W CWentlemmmutlpglBe Mvpu NMYW W.pV eM.91 No40eyMbPoa,InN Description of GYXYeIbnEMNM1 W Ma1MOlYeIeMe Nv IPbwbv F+aM1 eMkd,aWaubtwduvnwbinW W umrebMunoeOle,meputEyxe,�TmpubuelW ramugsmnsemp Wa,erg4ep�tlnnn4s On nn'pm+mreew�xretl an.mrem,ne.xno,mre tlaW.�Pm�m.Wu..ma�mmL+»n+mkmm.tl.,dePK�..a.+gma�wp...wr.ueeLn.mbm,.,n.tlaPntl..mupnwam.mon>e.ro.m J:W PN 4LyAe RmioeCn¢e1RiM WeMdM1A9Wa MavkbvwbniY,peWnT,haLA,aluatlmen0[amaeYep,tle.iM1sevW Event PUrpOee: leeepreyiblwtle.11vavGmBYUNY.doe,Ne,180an1]Sa rcmlo pmMeeab ePpK W ownrenh/ Wy. NbaeeupV etivNgbM1dP ^XerkrylkmbP�^Xtl^,epuRm[gyppKe. dR bn-Nb/elereeNtl54mentllM1eYheMenem LyY Fenmmt7w.T- W,bWon m..eb,s,.gneaniomw.ww�Pa..auosw..aix+r pneee.weLy mroy.am�Poynm,w,eM.amb.nm..mwunpn,rano.BMW>w.,wwmmwenv..s,,,�i..xuPomm,r wma,.Po.n, X.Yo<.m mm..w.r uXeb.mm.nm Lb, tloeb e000-wb. Community involvement of 300-600 youth and residents that works with them to build strong healthy Community Benefit: oommunities and help families thrive. Applicant Signature: _ „alae - Date: _._ November24 2018 r - Return completed form Via: Mail: City Manager's Office -M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 617.6954 P.O. Box 1988 Santa Ana, CA 92702 ry -. f 41 I:l�hi 'I�iRS 00-6- Donation Request#: Reference # on all related DPVs DR- Council Meeting Date: 12/18/19 Eligibility Met YES I NO YeS Approved Amount $500 City Manager Signature: `ZS� _ Date: 1-14-77 a t Revised 11116=18