HomeMy WebLinkAboutSANTA ANA ATHLETIC FOUNDATIONN-2019-018-02
JAN y 5 2019
CITY OF SANTA ANA
O: CMO DONATION AGREEMENT WITH
SANTA ANA ATHLETIC FOUNDATION FISCAL SPONSOR FOR
ORANGE COUNTY GRAPPLING
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 ATHLETIC
FOUNDATION FISCALSPONSOR FOR ORANGE COUNTY GRAPPLING, 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 in PROVIDING FREE WRESTLING PROGRAMMING, EQUIPMENT, AND
TUTORING FOR K-12 STUDENTS TO PROVIDE EXTRA -CURRICULAR ACTIVITIES
WHILE PROMOTING EDUCATION TO THE COMMUNITY ("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 MAYOR PRO TEM
MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it
PROMOTES EDUCATION, POSITIVE ACTIVITIES, HEALTH & FITNESS, AND
COMMUNITY PRIDE. 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 ($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 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 2
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 smatter 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
N-2019-018-02
CITY OF SANTA ANA
By: '"job ;z"_
Raul Godinez II
City Manager
Attest:
M
�IVlaria D. Huizar
)Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: I i v , irn�
tn M. Funk
ssistant City Attorney
SANTA ANA ATHLETIC FOUNDATION,
a 501(c)(3) NON-PROFIT
ORGANIZATION
in
Scott Glabb
Executive Director/Coach
EXHIBIT 2
CM- OF' ANTA ANA
Attest;
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Aoved to, o "arm:
sorifli,k. Ga valho
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sls�istwit City AttoMq
UMW ANA ATHLXnC'MU "IATWN�,
Exr,cutive Dirootor/Coach
+ N-2019-018-02 City Manager'sOflice–M-31
City of Santa Ana 20 Civic Center Plaza
Donation Request Santa A a, CA 92702
- _ (714) 647-5200
Contact Information
ame: SCott Glabb 61e. lCoach
ddress: 17 77 Pitcairn Dr _
Ity, state, Zip: Costa Mesa hone: 714-609-6607
1
_
leman: scott.glabb@sausd.us �VFau: --'. 714-567-4997
iOrganization Information
1
Name: Orange County Grappling Fiscal Sponsor will be Santa Ana Athletic Foundation
Tax-Exempt Status: Is your organization a non-profit or public tax-exempt organization as elect Ona:
RYes No
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, —i
Yes,
staff time, rental rates for facilities or equipment, etc.). Coats for City services vary and if f
�'ax 91-2163665
approved, credit may or may not cover full cost of requested Co services. ID #:
!Donation
Ity Services Credit ate Needed: X2/11/2018 ayorfCouncllmember; Pulido i
`Amount Requested: t
Pirect Payment Amount 000.00 Event Data: Mons & Wi vent Time: 6PM
lRequested:
SmU Ma High SGwail Wr$gUirp Roan '
Event I.00etlOn:
520 W. W2 al
Address, City, State, Zip
Santa Me, 0A 92701 I.
Every Monday and Wednesday at bpm we provide free wrestling instruction and tutoring for kids
Description of
grades K -12th. The funds will be used for entry fees to compete in wrestling tournaments, as
Event l Purpose:
well as gear and food for the wrestters(participants.
Orange County Grappling Club specifically exists to give hope and purpose to adolescent boys and girls in Santa Ana.
Community Benefit:
CThe benefit to the community is to empower and enable these adolescents to reach their highest potential and to achieve
their goals in life. Thus, making positive contributions back to the city. We also exist to redirect negative behaviors toward
1
positive antlers, 'teaching teens to wrestle through their aggressions and the pain that daily life may bung
'Applicant Signature.
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Return • • - •- form via,
Mail: City Manager's Office–M-31
Emall: donationrequest®sants-ana.org
20 Civic Center Plaza
Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
$S Emil i _
Donation Request #: OR -
Reference # on elt reiatetl tMVs council Meeting Date: 112/4/18
I i
Eligibility Met: YES / NO Yes Approved Amount: - $1,000 l
City Manager Signature:
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EXHIBIT 2 Revised 01/05/2017