HomeMy WebLinkAboutGRUPO DE AUTISMO ANGELESINSURANCE NOT REQUIRED
WORK MAY PROCEED
CLERK OF COUNCIL
N-2022-114
DATE
MAY 0 3 2022
o (X)+(\ WL L)(Sxk) ®-
1. PARTIES AND DATE
CM OF SANTA ANA
DONATION AGREEMENT
This Donation Agreement ("Agreement") is made and entered into thisl6th day of March,
2022, by and between the City of Santa Ana, a charter city and municipal corporation organized and
existing under the Constitution and the laws of the California ("City"), and Grupo de Autismo
Angeles ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and
collectively as "Parties" in this Agreement.
2. REcrFALS
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient with Grupo de Autismo Angeles OC's 20a' Annual Picnic at Santa Ana Zoo, an annual
event for parents and their children within the autism spectrum ("Community Benefit"). The
Request for Sponsorship Funds is attached hereto as Exhibit A and incorporated herein by reference.
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 providing a free event
for Spanish-speaking parents and their children within the autism spectrum to gather for recreation
and respite without having to worry for the safety of their children. The event will include food &
drinks, entertainment, sporting activities, and arts & craft booths. 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, TWO HUNDRED, EIGHTY-FOUR DOLLARS ($1,284) for this event
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 fast
above written and remain in effect unless and until terminated by the City. 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 2 of 5
3.3 Waivers, Insurance or Other Obligations, For purposes of the City s protection, if the
City determines that the fonds 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/Modifcation' 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
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 5
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 4 of 5
N-2022-114
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first above written.
ATTEST:
Daisy Gomez
SClerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
Ryan O. od e
Assistan City Attorney
RECOMMENDED FOR APPROVAL:
CITY OF SANTA ANA
Kristine Ridge -'
City Manager
ARTIST:
�Os Us, wPX"4-1-
Sign (Grupo de Autismo Angeles)
Print Name: Jose Luis Hernandez
Address: 200 N Grand Ave #70 Anaheim, CA 92801
Steven A. Mendoza
Assistant City Manager
Executive Director, Community Development Agency
CITY OF SANTA ANA
DONATION AGREEMENT
Page 5 of 5
EXHIBIT A
Request for Sponsorship Funds
City of Santa Ana Povrered by Submittable
Title 0059 02/06/2022
by Jose Luis Hernandez in Arts & Culture - id. 22501848
Special Event Sponsorship Request Form
(SESRF) - 2021
grupodeautismoangelesoc@gmail.com
Original Submission 02/05/2022
Name of Primary Jose Luis
Contact
Hernandez Casillas
__.. ....._..... ..._.......
Contact Title
....._.......... ............... _....____ ._........_ _.... _....._._.. -- . ._.......,.._......_--
President and Founder
... ....... ........._..........
Name of Entity
_.. .. ...--- ....._...--_... _..... _........... ..... _....... ...._.........
Grupo de Autismo Angeles OC
(organization,
business,
neighborhood
association)
Check the box that
Nonprofit 501(c)(3)
applies to your entity:
Additional Applicant
o i
Names (if applicable)
__. ._._..._. _._...
_......._
Physical Address
....... .....
421 N Brookhurst St #130
Anaheim
CA
92801
us
Mailing Address
421 N Brookhurst St #130
Anaheim
CA
92801
u5
Phone
+17147376612
Email
grupodeautismoangelosoc@gmaii.com
Website
https.1/www.facebook.com/GrupoDeAutismoAngeles
Event Name/Title
Grupo de Autismo Angeles OC's 20th Annual Picnic at Santa Ana Zoo
Event Date(s)
June 18th 2022
Describe the For 19 years up until the pandemic, we had been having our yearly
community benefits picnic for our parents and children at the Santa Ana zoo. This event
of this event Is of great benefit for us since this Is one of the biggest fundralser
events for us. We are a volunteer run organization that relies on
donations of our members, supportive individuals in the community,
and corporate donors who provide in -kind donations. Each year this
event Is attended by over 400 parents, children, and family members.
However, the greatest benefit Is for our membership. The event
entrance Is FREE for our members, their children with autism and
siblings, and families. It Is a unique event because many times
parents with children with autism cannot find a place where they can
feel comfortable. Children with autism tend to bolt away from their
parents at any given moment and could get easily be lost or even be
run over by a car in many cars, since many don't perceive danger.
Since the picnic area at the zoo is enclosed, it allows parents to rest
easy and enjoy various activities that we provide. This Includes
purchasing delicious food, drinks, and snacks provided by our
volunteers, visit local nonprofit booths offering information on
relevant services, watch a performance by a clown or singer at the
auditorium area, organize a soccer or volleyball game, take their kids
to the bounce house or the arts and crafts section, or just lay in the
grass and relax.
Taking care of a child with autism or any differently abled child a
unique experience. it is truly a labor of love. However, many times
taking care of our children with autism is more stressful and
challenging than normal parenting, Our parents lovingly care for their
children, all while also having full time jobs and taking care of the
needs of their other children not on the spectrum. But they cannot do
it alone. They need emotional and economic support and education
on parenting skills needed for their children to succeed, which is why
they turn to us. One of Grupo Angeles's focus is to create activities,
like the picnic at the zoo, that allows parents and families time for
recreation and respite without having to worry for the safety of their
children.
In past years we have partnered with non -profits, governmental
health and public safety agencies, and corporate sponsors such as:
Home Depot, Northgate, 211 Orange County, Santa Ana Police
Department, OC Fire Authority, the Regional Center of Orange
County, CHOC hospital, CalOptima, Help Me Grow OC as wall as local
immigrant and legal services that offer free or low-cost services.
We hope to receive this funding to continue to be able to do this
event and provide this community benefit to the residents of Santa
Ana while also raising awareness for the need for funding and
support for Spanish-speaking parents of children with autism who
live in Santa Ana and throughout Orange County.
Amount Requested 3500.0
Proposed Use of For 19 years, we would pay a fee of $1,200 to have our event at the
Funds Santa Ana zoo. last year, the zoo has raised its fees from $1,200 to
$3,500 and has put our organization in a bind with the possibility
having to end our 19 year run at the Santa Ana zoo (outside of
pandemic cancellation)
The funds we request would go to exclusively to pay for the Santa
Ana Zoo picnic area fees.
By submitting this I agree
application, I have
read and agree to be
bound by the terms
and conditions of the
Sponsorship Policy
found on the website:
https://www.santa-
ana.org/cd/arts-
culture-office/speciak
event -sponsorship -
policy