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Home My WebLink About25B - AGMT - DONATION TEMPLO CALVARIOREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 6, 2015 TITLE: CITY DONATION AGREEMENT WITH TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION {STRATEGIC PLAN NO. 5, 4} J CITY MANAG9R RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY; ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 °f Reading ❑ Ordinance on 2"" Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Templo Calvario Community Development Corporation for a one -time donation amount of $1,500, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 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. Councilmember P. David Benavides recommends to appropriate $1,500 to Templo Calvario Community Development Corporation in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) 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). 2513-1 Donation Agreement with Templo Calvario Community Development Corporation October 6, 2015 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015 - 62300). The $1,500 will be spent from Councilmember P. David Benavides' appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: 'k sj�s s �c.r> % , _ Francisco Gutierrez Executive Director Finance and Management Services Agency�i Exhibits: 1. Donation Request Form 2. Donation Agreement 25B -2 RXHI BIT 1 City of Santa Ana Clty Ma 2nager's Office - M-31 0 Civic Center Plaza Donation Request P.O. Box 1988 a Santa Ana, CA 92702 (714) 647.5200 Contact Information Name: Lee de Leon, Templo Calvario CDC (Love Santa Ana Initiative) (Title: PresidentJCEO Address: 12501 W. 5th St. city, state, zip: Santa Ana, CA 92703 Phone: 1714.543.2399 714.543.3711 I---- ___F,l a @tccdc.org Pax: Organizatio-n Information Name: Templo Calvario Community Development Corporation Tax - Exempt Status: Is your organization a non - profit or public tax- exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? �� elect One: W1 Yes ❑ No If No, you will only qualify for a credit for City- related costs for your request (t.e, permit fees, if Yes staff time, remit rates for fay or equipment, etc.). Costs for City services vary and if % 7-0601589 not approved, credit may or may not cover full cost of requested City services. Tax ID #: . r Donation is $ Date Needed: asap Benevidas Cmounte I�' �� IMaYorlCouncilmember: mount Requested: I Direct Payment Amount $ 1 r� ®® Event Date: 9/19/2015 �� Event Time: 7:30am- 12:OOprn��N Requested: Event Evans,City, on: [Pico-Lowell Neighborhood s, Clty, State, 21p Ana Initiative mobilizes the faith community, residents non - profits and the business community to work Description of beauty, hope and transformation to some of the most challenged areas throughout the City. On Sept 19, Funtd Event /Purpose: f volunteers will gather to help bring a community beautification serve day and resource fair to the hborhood, Community Benefit: Neighborhood Clean U p, Learning Garden, Mural Restoration, Resource Fair �A�t,l[cant Signature " s Dtlte 5 R , . �(�0:�.0 .., Return completed form via: Mall: City Manager's Office – M -31 Email: donationrequest @santa - ana.org 20 Civic Center Plaza Fax: (714) 647.6964 P.O. Box 1986 Santa Ana, CA 92702 Donation Request* DR • Council Meeting Date kC'l0P OI,A� # Olt at7 lbidf ®i [)i� r'S Eligibility Met YES / NO Approved Amouni4 City Manager Signature: JJ Date: - 25B-3 -� — - Revised 8/25/2015 RXHI BIT 1 25B -4 CITY OF SANTA ANA DONATION AGREEMENT WITH TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on OCTOBER 6 2015 by and between the City of Santa Ana, a municipal corporation COMMUNITY DEVELOPMENT CORPORATION, ORGANIZATION ( "Recipient "). City and Recipient are "Party" and collectively as "Parties" in this Agreement. 2. RECITALS ( "City ") and TEMPLO CALVARIO a California 501(e)3 NON- PROFIT sometimes individually referred to as 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in NEIGHBORHOOD CLEANUP AND BEAUTIFICATION ( "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 P. DAVID BENAVIDES, believes there is a public purpose in supporting the Convnunity Benefit because it will GATHER VOLUNTEERS TO BRING A COMMUNITY BEAUTIFICATION SERVE DAY AND RESOURCE FAIR TO THE PICO - LOWELL NEIGHBORHOOD. 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 ONE THOUSAND, FIVE HUNDRED DOLLARS ($1,500) for an event that was held on Saturday, September 19, 2015, 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 Tenn; Termination of Agreement. This Agreement shall tape effect on the date first 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, EXHIB T 2 25t3 -5 CITY OF SANTA ANA DONATION AGREEMENT Page 2 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, regiure 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, willfiil 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 Records. Recipient shall keep records and invoices in connection with the funds provided guider this Agreement. All such records and invoices shall be clearly identifiable. For a period of three (3) years from the date of this Agreement, Recipient shall allow a representative of the City upon request to examine, audit, and make copies of such records during regular business hours. 3.7 Entire Contract/Modification. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 understandings or agreements. The terms and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 3.8 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. CITY OF SANTA ANA By: David Cavazos City Manager Attest. By Maria D. Huizar Clerk of Council Approved C Attorney TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION By: Signature Name Title r -oo