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Home My WebLink AboutSANTA ANA COLLEGE FOUNDATION (3)N-2019-018-04 CITY OF SANTA ANA JAN 1 5 2099 DONATION AGREEMENT WITH O: CMO ( /) SANTA ANA COLLEGE FOUNDATION 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 SANTA ANA COLLEGE FOUNDATION, 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 SANTA ANA COLLEGE FOUNDATION'S PRESIDENT'S CIRCLE WHICH SUPPORTS VARIOUS STUDENT SUCCESS INITIATIVES AND PROVIDES ACADEMIC SUPPORT ("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 FORMER COUNC:ILMEIVIBER BENAVIDES believes there is a public purpose in supporting the Community Benefit because it assists SANTA ANA COLLEGE STUDENTS AND THE COMMUNITY TO ADVANCE EDUCATIONALLY AND BECOME PREPARED FOR THE WORKFORCE. 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 ONE THOUSAND DOLLARS. ($j 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 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 4 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 N-2019-018-04 CITY OF SANTA ANA By Tt�! Raul Godinez II -- City Manager Attest: By. Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By n M. Funk ssistant City Attorney SANTA ANA COLLEGE FOUNDATION, a 501(c)(3) NON-PROFIT ORGANIZATION By:49rr" Christina Romero Executive Director EXHIBIT 4 City Manager's Office -M-31 City of Santa Ana Ig -04 20 Civic Center Plaza Donation Request N-2019-0 P.O. Box 1988 Santa Ana, CA 92702 (9) (714) 817-5200 'Contact Information ChristinaRomero-Execulitire Director F�, -d; 1-6- 3-0 W. —17th St.— --------- - by, so" mr. Santa Ana, CA 92706 --yhomn. 1[714-564-6091 linlsli�-- I mrmro�_chdsUna@sac.edu ---- --- ---- am Organization Information F—Name: [Santa Ana College Foundation I 'Tax -Examv Status: is your organization a non-profit or public tax-exempt organization as elect One, defined under Section 501(c)(3) of the Internal Revenue Code? Is Yes ❑ No rental rates for faclifts �Eall/ only quality for a credit for City-related=is for yo ur request ii. a. permit fees, Costs Por CityscivIcas If or equipment, etc.). very and cftdhf may ormay not cover U1 cost of requested Cilyservices Tax 10 #1. '95-6209198 'Donation Request oilly Serrim Credit Amwnt Requested: ft Needed: 12/15/18 ayo Benavides Unt �Vent Date: 'nime: 1000 -1— Event, 153 W. 17th Street, Santa Ana, CA 92706 Ad*W C&, star, The Santa Ana College Foundation would like to request a gift towards our President's Circle :scriptlon of ant I PI which supports various student success Initiatives, urgent action needs, and academic support. This glift would benefit Santa Ana College students and the community as a whole as it advances the Community Benefit mission of the college and prepares students for the workforce, continue their undergraduate work, or sharpen a skill - all of which strengthens our community. P pil(ant Signature i ate: � Return completed forn? via: CUy IIWmf4Ws Office - U-31 Email; donartionrequestililisant wans.org 20 CM* carrier Pian Few (714) 6417-6954 P.0. Box 11161 Sturds Ans, CA 9V0I Donation Request #: OR - Council Meeting Date: 12/18/18 Eligibility Met: YES l NO Yes Approved Amount: $1,000 i City Manager Signature: Date: 20 t Revised 01105/2017 EXHIBIT