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Home My WebLink AboutCHARITABLE VENTURES OF ORANGEC OUNTY as fiscal sponsor for PACIFIC PARK NEIGHBORHOOD ASSOCIATIONIt ' N-2020-053 02/15&C,2 r' fl s 2M CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY 1. 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 PACIFIC PARK 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 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 PACIFIC PARK 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, April 18, 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 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 time 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 2 of 3 3.3 Waivers Insurance or Other Obligation . 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 EnterAgreement. 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. CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 CITY OF SANTA ANA By: KI'Fstine Ridge City Manager APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: " 4y. r4�A JOW M. Funk Assistant City Attorney �\ /Daisy Gomez r� Clerk of the Council CHARITABLE VENTURES OF ORANGE COUNTY a 501(c)(3) NON-PROFIT ORGANIZATION " A , By: l - ! i Title: hS/G�tr i Gad AC" ii CERTIFICATE OF LIABILITY INSURANCE on 07/0512010vvl �-�"� _ 07/05f201g 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(B), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(los) must bo endorsod. If SUBROGATION IS WAIVED, subject to lho terms and condillons of the PDIICy, contain pollcios may require an endorsement. A statement on this certificate does not senior rights to the certificate holder In Ilan of such endorsomanHsl. L,(flsulTnuoln-_ _ Dickerson Insurance Services, License MOM29112 n11onE.. AR - ----'" WM Nc a%p (028)!IGD 237d- In+o,plq. f 018 Riverside Drive erAAIL RoddgolIIl(IIcY,eTSWn,gmup.DOn1 numiEss Angeles CA 90039 .. (32 )662.7 (02316624200 IRSURErgg]AI PbR01N0CpVEIkALE IIAICN iq!tUil BA P11dgj0lpl11a lFldunlglly hleOrari Company 21oAA INSURED Charitable Ventures of Orange County INsulUp a Nr W Yorlt Mallno & Gonm 11 1naurdn@s Com mp I6000 J Y. _ 4041 MacArthur Blvd , SUIR 510 Newport, CA 02560 INSU81T 0: INGVREN E: INSURER P 1 ; COVERAGES CERTIFICATE NIIMRFR• aPlnelnu MI Innaco• Tills IS TO DERTIFY TFIAT 1'HE POLICIES OF INSURANCE LISTED BELOW HAVE BCEN ISSUCD TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RE$PFCT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE_ AFFORDED BY TFIE POLICICS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTR TYPEOFINSVMNGEINITS, wyn POLICY NUMBER IA 1110111YYYYIIIM In'YVVI LIMITG GENERAL LIABILITY - ii C_OIAMCAGAI GENERAL LIABILITY - ICIAl1,15�MADC-!�OCCUA 1T EACH OCCURRENCE nT111GF 70LLoSE"D MEDeXPVIy.1.IIncl MED E%P 1AIyOnaP1 ) $ 1,000,000 S„t011opp_ 55,000 A PI-IPK1900984 07115/2019 07/15/2020 PERSONAL a AOVINUQRY s1,000.000 . GENERAL AGGREGATE S 2,000,060 GEN'L AGGREGATE LIMIT APPLIES PER. x II POLICY 0. LOC 1 I P1lODUCr5-GOIAPrOPAGD 52,00Q090, I S AUTOMOBILE I.IABILIIY ly r � 1 —�� 4 AtUINEp SIiIl,1l;jj� -" A ,NdY AUTO ALL OMIED - SCNF.DVLCD MinoG AIIreS NOrhWWH XI hnYtGD Au'r09 x Do _ M1I ITOE PHPK19fl0954 07/15/2019 07/15/202(1 DOONBODILY INJURY (Per Pvrsen) '�"------------ 00011-Y INJURY(Pnr acculvnll PROPIiR190 MAG6 (Per llcgUunl)_.,. S - S .. _. _. X UNeHELLAL+AD X OCCUR I y v 1 E/f H OCCUR_R_EN_(C S S 4.000,000 A I E%CCSSLIAD I CLAPUS-IJr LE ( PHUB678897 07/1512019ftG7/15/202C IGREGATE - _ 5 4,000,000 .Y .DSO � %� � nETBIN ONS 1,o„(j,Q �- p a WOnNERS COMPENaAT10N '- AND EMPLOYEI35'LIADILIN YIN ANY PROPRICTORIPARTNER EXECDTIVE B OFI ICEIMEMBER EXCLUDED? � NIA � WC201900011225 07/15/2019 un or S7P YL@IPi1nN oP OrrfR.AneNB t TWaLS1�uUT Oln 70l VLMP ER EACHACCIOEPIT 31,000Nlll DIGr'ASEEA EMPLOYE' =yea,&l,,alo -------- - Dll,. POLICY LIIAII $ 1,000000 I�F— DBGGRIPTION OF OPGRAlIONSILOL'A9DNBIV[RICLEa (Allneb ACORD 101, AJBllloi Irt nerkv ScaoJulo Ir more anoco la ragnmdl I' �__�W RE: Summer Night Lights Program City of Santa Ana, olf Edi agents, employees, and volunteers are named as additionally insured on this policy pursuant to written contract, agreement. or memorandum of understanding. Such insurance as Is afforded by IIgG policy shall be primary, and any insurance carried by City shall he ex)d excess an noncontributory. Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation, REVIEWED C71 A PPROVEO By RISk MANAGEMENT DIVISION WrM;lrIW,A IC rR,?L. at CANCELLATION -&7117t1 City Of Santa Ana SHOULD ANY OF THE ABOVE DESCAtALLLa- `w.l 0 THE EXPIRATION DATE THGREOf('(y'SG F I WItt IY3f5/i�[Y..IYC11fEpt y l•I Risk Melia Olnent Division ACCORDANCE WITH THE POLICY PRWISiGT I, IVG EA YI LJi1`G/lL 20 Civic fenlor Plaza.,._ AVTI10nIEE0 REPREGENTATIVE Santa Ana CA 92702 1 Rodrigo Banuelos L @11988.2010 ACORD CORPORATION. All rights reserved, AUUi 40;4UTVIUDI I he AUORD name and logo are registered marks of ACORD POLICY NUMBER: PHPK1990984 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 complete this Schedule if not shown above will be shown in the Declarations A. Section II — 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 RISk MANAGEMENT DIVISION I�pV J 2 9 2019 FRANCINE R. VILLAREAL CG 20 26 04 13 0 Insurance Services Office, Inc., 2012 Page 9 of 9