HomeMy WebLinkAbout29A - DONATION AGMTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
SEPTEMBER 4, 2018
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
El
DONATION AGREEMENTS WITH ❑
VARIOUS ORGANIZATIONS TO p
SUPPORT COMMUNITY EVENTS AND ❑❑
PROGRAMS
(STRATEGIC PLAN NO. 5,4)
CI MANAGER
RECOMMENDED ACTION
As Recommended
As Amended
Ordinance on 151 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. Child Creativity Lab in support of the Girl Scout STEAM Conference for young
women in Santa Ana on December 8, 2018, in a one-time donation amount of
$1,000 (Mayor Pro Tem Martinez);
b. Santa Ana Unidos Boxing Club in support of the Roses in the Concrete Education
and Arts Festival that occurred August 25, 2018, in a one-time donation amount of
$500 (Councilmember Sarmiento).
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 listed above are in response to the Donation Requests (Exhibits 1-2)
submitted by various community organizations or neighborhood associations to the specific
29A-1
Donation Agreements with Organizations to
Support Community Events and Programs
September 4, 2018
Page 2
Councilmembers, seeking sponsorship for community events and/or programs. The
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 2018-19
General Non -Departmental account (01105015-62300) as appropriate from each of the following
Councilmember's appropriated amounts for Fiscal Year 2018-19:
Mayor Pro Tem Martinez $ 1,000.00
Councilmember Sarmiento $ 500.00
Total $ 1,500.00
APPROVE AS TO FUNDS AND ACCOUNTS:
Sergio Vidal -5VV%
Assistant Director
Finance and Management Services Agency
Exhibits: 1-2. Donation Agreements
29A-2
CITY OF SANTA ANA
DONATION AGREEMENT WITH
CHILD CREATIVITY LAB
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on SEPTEMBER 4, 2018, by
and between the City of Santa Ana, a municipal corporation ("City") and CHILD
CREATIVITY. LAB.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 THE
GIRLS SCOUTS STEAM CONFERENCE FOR YOUNG WOMEN IN SANTA ANA ON
DECEMBER 8, 2018, WHICH WILL EMPOWER YOUNG WOMEN TO FOSTER
PROBLEM -SOLVING SHILLS FOR ENTREPRENEURIAL PROJECTS ("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 MAYOR PRO TEM
MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it
assists WITH PROMOTING ENTREPRENEURIAL SHILLS FOR YOUNG WOMEN IN
SANTA ANA, WHILE PROMOTING STEAM EDUCATION, WHICH WILL HELP
LEAD TO ECONOMIC DEVELOPMENT OPPORTUNITIES THAT WILL PROMOTE
COMMUNITY AND BUSINESS ENGAGEMENT. 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 Aereement. 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.
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
C •�
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
LM
Attest:
LN
Raul Godinez II
City Manager
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: ,
J�fm M. Funk
(Assistant City Attorney
CHILD CREATIVITY LAB,
a 501(c)(3) NON-PROFIT ORGANIZATION
M
Ramiro Barbuzano, Jr.
Director of Education
2''X'5
�. City Manager's Office — M -3f
3 City of Santa Ana
20 Civic Center Plaza
�) Donation Request P.O. Box 1988
Santa Ana, CA 92702
-- (714) 647-5200
Contact Information
IName: Ramiro Barbuzano, Jr. ITiur e: Director of Education
Pddresr- s. -
1815 E. Wilshire Avenue #906
city, state, zip:
I Santa Ana, CA, 92705 Phenr e:
714-352-4380
Email:
rbarbuzano@childcreativitylab.orgFar x:
Organization
Name: IChild
Creativity Lab
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as I Select One
defined under Section 501(cx3) of the Internal Revenue Code? Z Yes ❑ No
If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, f
-�f Yes,
taN time, rental rates for facilities or equipment,etc.).Costs for City services very and if
,approved, credit may or may not cover full cost of requested City services. : [Tax ID #: 36-4746228
Donation
(City Services Credit Date�Needed:
/Amount Requested; m I
11/8/18 MayorlCoul ndlmember:
I
Martinez
(Direct PaymentAmount S 1 Event Da et 12/8/18
Event Time:
10:00 am
Requested; l
Event t.ocation:
TBD, but possibly at 1815 E. Wilshire Avenue #906, Santa Ana, CA 92705 if venue not secured.
Addiress, City, State, Zip
Tis Gve Wpesviry LODb maienbb lab, Ne nee penvNtn mlpltlwl Pimm, maametbev, Inmvalmn, eN batlm OwrohheMrm vet0rfyarl,amro apm]art T]s
Description Or
agsY�me<°nl<mlmpn[lumw,mA<Mro<asl,mmbtle„ea WE,aeOy �rtl,q Nelr pomMal mr pu<mYEevekpv�l.N mNtll+uEammwdeh.
EVentl Purpose:
Tna wend b meats b a.". in. IsnmNdp�e nCCLmf Pe GIISa Monroe, !,(G$0G) bf ellmu mh,rafts K. 0(1)"a-Gefena7 mpemup beGlh
Erpw.emnnl ST Gnlaarca.Tme¢wler.nwrO belle Pewmawwe sanuro In..ISo.., Tednns,y, Enpnwfro.M.e,d Mnm ...Pb Melo enpaprgyeup cornea
m ease Ot,m Pxn Ona<p.m. pWtos
The Gin Seoul Empowerment STEAM conference allows young women the opportunity to use problem solving skills and come up with new and useful
solutions
solutions to modem day issues. Their entrepreneur projects will take Nem threugh a'design-thinking' methodology where gid scouts team the
COmmafllty Benefit.
of planning, designing, turning, and presenting their work to a disgnguished panel of judges from the community. Along with Ne increased
spark in curiosity and the sense of accemplishmenl. the guts mil have the opportunity to showcase their completed pmleds to the rest of the cemmunityl
APPllcant Signature:
fid. 8A.rbcvz K,0', jr. ata: 18/6/2018
Return completed form via:
Mail: City Managers Office—M-31
Email: donationrequest@santa-ana.org
20 Civic Center Plaza
Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
____— _A`.
Donation Request#: DR- _r_---------____
Refaen<e a on ,It related DPVs Council Meeting Date: September 4, 2018
Eligibility Met:
YES I NO YES
1
Approved Amount:
51,000
City Manager Signature:
_
Date:
i
—
Revised 01105/2017
29A 6
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SANTA ANA UNIDOS BOXING CLUB
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on SEPTEMBER 4, 2018 by and
between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA VNIDOS
BOXING CLUB, 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 HOSTING THE ROSES IN THE CONCRETE EDUCATION AND ARTS
FESTIVAL THAT OCCURRED AUGUST 25, 2018 THAT WAS OPEN 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 Puroose. The City, by recommendation of COUNCILMEMBER
SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it
PROMOTED POSITIVE COMMUNITY EVENTS FOR YOUTH TO DISPLAY AND
PERFORM ART, MUSIC, AND POETRY IN ORDER TO PROVIDE AN ALTERNATIVE
OUTLET FOR YOUNG PEOPLE. 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. TERDIS 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.
21K-27
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: ,
,tqm M. Funk
ssistant City Attorney
SANTA ANA UNIDOS BOXING CLUB, a
501(c)(3) NON-PROFIT ORGANIZATION
By:
Jonathan Hernandez
Executive Director & Founder
2R Z9
a_ w: City Manager's Office - M-31
�1: Cit of Santa Ana
y 20 Civic Center Plaza
���r �I Donation Request P.O. Box 1988
t_�. Santa Ana, CA 92702
— (714) 647-5200
'Contact Information
,Name Ijohnathan R. Hernandez FItle rE.D 8� Founder
Pddres� s.
1714 N Raitt St
city, s�— tate, zip:
Santa Ana, CA, 92701 IPho� e:
657-261-1653
Email
santanaunidos@gmail.com ',Fax:
9 Onization Information
Name:
Santa Ana Unidos
Tax -Exempt Status: Is your organization a non-profit or public lax -exempt organization as : Select One
defined under Section 501(c)(3) of the Internal Revenue Code? IZ Yes ❑ No
If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, i f
lLLYes'
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if 47-5211563
approved, credit may or may not cover lull cost of requested City services. (rax ID M
Donation
—f
cityServicesservlees credit E
Requested:
ate Needed:
08-25-2018
�Mayorlcauncilmember.
Sarmiento
Direct Payment Amount S 501 0 EventEvent pa pe 08-25-2018
Event Tim e:
11:00 AM - 4:30 PM
�Roqucsted:
__ _
120 W. 5th St, Santa Ana. CA. 92701
Event Location:
7
Address, City, State, Zip
The Roses In Concrete Education 8 Arts festival is bringing together musicans,
Description of students, educators and community to celebrate youth in power.
Event l Purpose:
This event directly challenges negative sterotypes that Minder youth from thriving
Community Benefit: within our city. Youth are able to perform art, music and poetry amongst some of
their favorite and most influential artists.
---
Applicant Signature: �Dat� e: I U8-06-2018
r
Mail: City Manager's Office -M-31
Email: donationrequestQsanta-ana.arg
20 Civic Center Plaza
Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request 8: DR -
Relerence # on au.craeed uays Council Meeting Date: September 4, 2074
t—Approved
_—
Eligibility Met: YES 1 NO YES Amount: $500
City Manager Signature: Date:
Revised 01/05/2017
29A-10