HomeMy WebLinkAbout29A - DONATION AGMTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 5, 2018
TITLE:
APPROVE DONATION AGREEMENTS
WITH VARIOUS ORGANIZATIONS TO
SUPPORT COMMUNITY EVENTS AND
PROGRAMS
(STRATEGIC PLAN NO. 5,4)
CITY ANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 13' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute agreements with various
organizations in support of their community events and programs, subject to
nonsubstantive changes approved by the City Manager and the City Attorney, as follows:
a. Santa Ana FC Corp in support of on-going soccer activities for youth in Santa Ana,
in a one time donation amount of $500 (Councilmember Sarmiento);
b. Centro Cultural de Mexico En EI Condado de Orange in support of EI Dia del Nino
event that occurred April 29, 2018, in a one-time donation amount of $500
(Councilmember Benavides).
DISCUSSION
On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event
Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and
policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities
for consideration of City Council sponsorship.
In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per
fiscal year to support eligible organizations, including neighborhood associations and non-profit
organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal
Revenue Code are eligible for in-kind funding for City Services.
The donation agreements (Exhibits 1-2) listed above are in response to the Donation Requests
submitted by various community organizations or neighborhood associations to the specific
Councilmembers, seeking sponsorship for community events and/or programs. The
29A-1
Donation Agreements with Organizations to
Support Community Events and Programs
June 5, 2018
Page 2
Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events
through the Special Event Sponsorship funds. Upon approval by City Council, the respective
donation agreements will be executed.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability).
FISCAL IMPACT
Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2017-18
General Non -Departmental account (01105015-62300) as appropriate from each of the following
Councilmember's appropriated amounts for Fiscal Year 2017-18:
Councilmember Sarmiento $ 500.00
Councilmember Benavides $ 500.00
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1-2. Donation Agreements
29A-2
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SANTA ANA FC CORP
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on JUNE 5, 2018 by and between
the City of Santa Ana, a municipal corporation ("City") and SANTA ANA FC CORP 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 TO ALLOCATE RESOURCES FOR THE RESERVATION OF FACILITIES,
COACH TRAINING COST, AND PROGRAMMING FOR YOUTH SOCCER ACTIVITIES
FOR THE SEASON BEGINNING MAY 18, 2018, WHICH BENEFITS SANTA ANA YOUTH
("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 COUNCILMEMBER
SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it
PROVIDES AN OPPORTUNITY FOR SANTA ANA YOUTH TO ENGAGE IN SPORTS
ACTIVITIES THAT PROMOTE FITNESS AND POSITIVE ACTIVITIES. 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. TERIMS AND CONDITIONS
3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of
FIVE HUNDRED DOLLARS ($500), 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 terns 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 1
29A-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 it 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 1
29A-4
CITY OF SANTA ANA
By:
Raul Godinez
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
�fim M. Funk
Assistant City Attorney
SANTA ANA FC CORP, a 501(c)(3) NON-
PROFIT ORGANIZATION
By:
Signature
Name:
Title:
EXHIBIT 1
29A-5
EXFffA-6
City Managers Office — M-31
City of Santa Ana
20 Civic CenferPlaza
Donation Request P.O. Box 1988
Santa Ana, CA 92702
(714) 647-5200
amitlel.
o: _j:_11A V F `j
1lfJelQ
�ciclfess:
Icffy,state, _i17P_- Phone:
I -7 -Z
ri nVcl Q
FEM_ all: 1- 1, SP. n C k R
Name:
&)Au 0 not •FC CORP
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt crganiz�Iionas
defined under Section 501(c)(3) of the Internal Revenue Code?
Yes No
If Me, you will only qualify fora credit for Clly-related costs for yourrequest iie. permit fees,
staff time, rental rates for facilities orequipment, for City if 5f Yes,
e1c.).Costs services vary and
approved, credit mayormaynol coverfullcost of requested Ciryservices. (rax to 9.
o i - oq 2 6,z 15
'Cffy Services Cmd
!
Onto Needed-.
FM.yodITmajeto
A mount Requested:
)
rn
Cou11IIm.b,,
IrectPaY Payment Amount
F�s 0 00
Re 00. OC)
F, -It onto.
Fl�-1 1
Time:
0 L) P rr
nested:
:Event
0-C111i pap -lc
Event Location:
Address, City, State, Zip
*aaJJ "l 111COOLi Sir. 51irri-A (fi 97-70-7
Santa Ana FC Corp will allocate resources from this sponsorship towards on-going
Description of youth soccer activities for Santa Ana Youth throughout the season beginning May 18,
FFIelsIctilp, I
vent I Purpose: �
.2018. The sponsorship will be allocated to facility rentals, coaches, and programming.
L I
Community Benefit:
ch-,�Afeh S
e1c)p
&jk6fell G&I Ct YA
iSOUA 1<jtlS VAi'iV- platyn
htiv�%)W "s; woaK �yj uActelishIPS6
5
FpIl.ant Signature: Lin:
Mail: City Manager's Office—M-31
Email: donationrequest@santa-ana.org
20 Civic Center Plaza
Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request At: i DR -
Council Meeting Date: JUNE 5,2018
Eligibility Met: YES I NO YES I Approved Amount: $500
City Manager Sigiinture: Date:
Revised 0110512017
EXFffA-6
CITY OF SANTA ANA
DONATION AGREEMENT WITH
CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on JUNE 5, 2018, by and between
the City of Santa Ana, a municipal corporation ("City") and CENTRO CULTURAL DE MEXICO
EN EL CONDADO DE ORANGE 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 A DIA
DEL NINO EVENT THAT OCCURRED APRIL 29, 2018 THAT HONORS AND
CELEBRATES CHILDREN WHILE INCORPORATING ARTS AND CULTURE
WORKSHOPS ("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 COUNCILMEMBER
BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it
PROVIDED AN EVENT FOR THE COMMUNITY TO CELEBRATE CULTURE, ART,
AND TRADITION THROUGH ARTS WORKSHOPS. 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
FIVE HUNDRED DOLLARS ($500), 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
29A-7
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 2
29A-8
CITY OF SANTA ANA
By:
Raul Godinez
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By OL 7VLLA4A
M. Funk
Assistant City Attorney
CENTRO CULTURAL DE MEXICO EN EL CONDADO DE ORANGE, a 501(c)(3) NON-
PROFIT ORGANIZATION
By:
Signature
Name:
EXHIBIT 2
29A-9
0 aY_ 1
..'� City Manager's Office - M-31
�..1 City of Santa Ana
20 Civic Center Plaza
% =. rid Donation Request P.O. Box 1988
4L�-.- Santa Ana, CA 92702
-
(714) 647-5200
Contact Information
,Name: Karen Sarabia fide: ,Executive Director
837 N Ross St.
�f+ddress: '
,'city, state, zip:
Santa Ana, Ca. 92701
(Phone:
(949) 205-3954
(Email:
karen@elcentroculturaldemexico.org
Fax,
. •,r •t t . u- •r
Name:
[EI Centro Cultural de Mexico del Condado de Orange
Tax -Exempt Status: Is your organization a non-pmfil or public lax -exempt organization asI etecg Q
efined under Section 501(c)(3) of the Internal Revenue Code?:I Ves ❑ No
If No, you will only qualify fora credit for City-relafed costs for your request (i.e. permit fees, IIf
Yai— s
Fstafftime, rental rates for facilities or equipment,etc.). Costs for City services vary and if ;I33-0614169
iapproved, credit may or may not cover full cost of requested City services. (Tax ID #:
.City serener es tree dit -
(Amount Requested: ate Needed:
04/29/2018 MayorlCouncilmember:
Benavides
r
Direct Payment Amount
,Requested:
500—
S Event Date:
l_
I04/29018 1 00 am - 3:00 m
I Event Time: : p
Birch Park — d00 Vii 3rd St, Santa Ana, GA -927 I
Event Location:
Address, City, State, Zip
EFDia del Nino Is a is famiiyfioliday celebrates inN x co that honors
Description of
children, celebrates their importance in society and promotes their well-being.
Event I Purpose:
EFDIa deTNifio 1t s a free community event that promotes arts and culture.
Community Benefit:
Hosting art workshops and performances by community artists, local arts
organizations, schools and community groups. Funds will be directed towards
Applicant Signature:
/
(Date:
05/07/2018
r • . . nrn via.,
Mail: City Manager's Office -M•31
Email: donationmquest@santa-ana.org
20 Civic Center Plaza
Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request #: DR I Council Meeting Date: 1 June 5. 2078
P,ehrence k pn all nrialad OPV=-__ __
Eligibility Met: YES/ NO YES Approved Amount 5500
i
City Man,ger Signature: Date:
Revised 0110512017
0 aY_ 1