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HomeMy WebLinkAboutCHARITABLE VENTURES OF ORANGEC OUNTY as fiscal sponsor for SANTA ANITA NEIGHBORHOOD ASSOCIATIONN-2020-056 ', 0 5 202o 02Isiz0� CITY OF SANTA ANA 0 c` r(uUti evert °fJ DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on FEBRUARY 25, 2020, by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF ORANGE COUNTY as fiscal sponsor for SANTA ANITA NEIGHBORHOOD ASSOCIATION 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. RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in PROMOTING THE 2020 CENSUS AND ENCOURAGING THE COMMUNITY TO RESPOND AND BE COUNTED ("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 believes there is a public purpose in supporting the Community Benefit because it will PROVIDE A COMMUNITY EVENT IN THE SANTA ANITA NEIGHBORHOOD TO PROMOTE NEIGHBORHOOD PRIDE AND PARTICIPATION IN THE 2020 CENSUS. 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 SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) for an event that will be held on Saturday, May 16, 2020, 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 temts 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. CITY OF SANTA ANA DONATION AGREEMENT Page z of 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 (lie individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 CITY OF SANTA ANA By: 1e. Kristine Ridge City Manager APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: � Jo M. Funk Assistant City Attorney ATTEST: By: CnmfQ,_ Daisy Gomez ? Clerk of the Council CHARITABLE VENTURES OF ORANGE COUNTY a 501(c)(3) NON-PROFIT ORGANIZATION � 6. I � By %2tGt t © ! Title: �✓lg/ s CciO nIII CERTIFICATE OF LIABILITY INSURANCE J OATEIM6'1200YYYY, 07l05l2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the cortlfloato holder Is an ADDITIONAL INSURED, the policy(IoeJ must be endorsed. If SUBROGATION IS WAIVED, subject to the tenor and conditions of the policy, curtain policies may require an endorsement. A statement on this certificate does not center rights to the curtllicate holder hl III of such endorsamentiRt. "`""""`" j/Fiey Rndrign [ianuNiaa _ Dickerson Insurance Services, License dON129112 tNL+a Exlp, (023) 430 207d... Inlc, nNl. 1919 Riverside Drive 4rip.HL Rudrige(¢ldioY,ersom<grdup:eont ._ - AOR+Esc: Los Angeles CA 90030 INSUTUER t I'UkOIAIG CpvaeAr E IInIC a (023)G0242D0. _.___..__.._._. ..__._.. _.. IIis"EHA Rllilnthsipida glcfem1111y lnauranrn Cgrppany 1211 INBUPEe fISUIRA NLwyom-Wa a&General noyr[IITQti"GOlm loll 1860i0 Charitable Ventures of Orange County I y- 4041 MacArthur Blvd. Suite 510 IN6URNtC Newport, CA 02660 wsagr:T y: INIDJnRq C msuem F: r.nvPaar,Fs ecnnelr•.nrc MnAdacn. THIS IS TO CERTIFY IHAT THE POLICIES OF INSURANCE LISTEU BELOW HAVE BEEN ISSUF;D TO THE INSURED NAMED ABOVE POR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERh15, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INFRI-._. _. __ __AbeLaUdkf. __. .._... _._____ POLICY EFF POTIY G%fi,._.' ITN TYPE OP INSURANCE POLICYNUM115" Mlla]DIYYYY 1 11111 'iyy LIMBS G ENERALUAnILITY EACH OCCURREIJCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY CIAII4S.I rF1 I� ' B714GF TQ I]BIED PIi11115E5 LEu <u c c I s),(1i)DOD OCCUR MEO EXP(Ny ona prsa,) 55,000 A _ _ PI-IPK1990984 07/15/2019 07/1512020 PERSONAL n ANY INJURY 51000000 _ GENFRALAGGREGATE 52000000 GEN'LAGGREO_ArE LIMIT APPLIES PER X I . I I PRQ rAODUUS CDHPIDP AL,B Sp,000 gQO.. POLICY OC S AUTOMOBILE LIABILITY Y F—�..�,..,.,...v.7 1 B In EEOSIN L' I "--, --' ANYAUTOBODILY INJURYiperpolsenl S q At.1,OY:61ra SdHppULEB AUTor NO -O NOfbGk41F.11 PHPKI900984 07/15/2010 07145/2020 D 00011.YINJURY IAs uum.Pn --- s x' HerED dU'I09 X AII pmHPAkT�OATAGE' X UAIURBLLA LIAp OCCUR tx rY �f~I EACH OCCURRENCE 54,000.090 A EXCESS LIAn IcLAlras.l,l.,ue IPHUB67680'7 07M512019 OVIS/2020 _ AGGREGATE 54,000,000 ( KER NET 1,Q,Ogq_ e OM NSANONNs COMPENSATION 1 WOBNERS COMPENSATION LANDMPLOYFRSLIAWLITY YiN IMEMBEn E%CLBDEOy r�N!Ar- m WC201900011229 07/1.5/2010 07l1372020Am [ 5TAiU• 0111• X TTJf1Y UISITS EI1OPRIETORIPARTNERIEXECUTJVE S1,000,I)Oqi.q In NHlr:L nISrASE EA EMPI OYEZ i I,D60,OgOomwa undol LI1GfJ..oFMrnA rT1LnP(wvW -- r: L DISCASC POLICY LIIAII 5 1,000,000 I DESCRIPTIO140FOPEnAIIONSILOCATONSIVE410LEe (Allneb ACORO f01, M1EAllianol nomorkn Sclmdolu Ern ern npmo is mgnNodl RS: Summer Night Lights Program Cily of Santa Ana, clOcers, agents, employees, and volunteers are named as additionally insured on this Poltcy PULS110m to Wrliten cDII agreement, or memorandum of understanding, Such Insurance as Is afforded by this policy shall be primary, and any insurance carried by City shall be'�eXCess aid nonconlribulory. Cerlifican of Insurance shall provide thirty (30) day prior written notice of cancellation. REVIEWED & APPROVED By Risk MANAGEMENT niVISiON L.crxnnrJMIL: rIVLUGIa CANCELLATION v City of Santa Ana SHOULD ANY OF THE AROVE mibC I R n a,r THE EXPIRATION DATE THERSOY1_rfri(Q ,'NJItt tYitnF.IREA N Risk Mallagarnerlt Division ACCORDANCE WITH THE POLICY PR 1, ill IVC !C 20 Civic Center Plaza I AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 1 - 1 Rodrigo Banuelos Cf 01988.2010 ACORD CORPORATION. All rights reserved, vUumw 4D Izu luruol 1 no ACORD name and logo are registered marks of ACORD POLICY NUMBER: PHPKI990984 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Santa Ana, its officers, agents, representatives, employees and volunteers Information required to cam lete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily Injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. REVIEWED & APPROVED By RISit MANAGEMENT DIV1510N ,1 2 9 2019 FRANCINE R. VILLAREAL CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 9 of 9