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Home My WebLink About25G - AGMT - DONATION CHARITABLE VENTURESREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 1, 2015 TITLE: DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY (STRATEGIC PLAN NO. 5, 4) O Vffy MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n 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 Charitable Ventures of Orange County for a one -time donation amount of $1,000, 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 Roman Reyna recommends to appropriate $1,000 to Charitable Ventures of Orange County to support the Artesia Pilar Neighborhood Association's annual Christmas Posada event to be held on Saturday, December 19, 2015, 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). 25G -1 Donation Agreement with December 1, 2015 Page 2 FISCAL IMPACT Charitable Ventures of Orange County Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $1,000 will be spent from Councilmember Roman Reyna's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25G -2 nager's Office – M-31 City Ma20 City of Santa Ana Civic Center Plaza Donation Request P.O. Box 1989 0 Santa Ana, CA 92702 (714) 6475200 Contact Information FN Title: — ----- -- Name: Ruby Woo �T itle: [President/Chair �ddnxss [2234 North Pacific Ave. Icity, State, Zip; Santa Ana, CA 92706 Phone: 714-835-8925 [ [Email: �wooruby @yahoo .corn (Fax: Oricianization Information Name: (Charitable Ventures of Or Tax- Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One: ❑ darned under Section 501 (c) (3) of the Internal Revenue Code? 1 1 Yes No If No, you will only qualify for a credit for City-related costs for your request ( /.e. permit fees, 1– ` � 120-8756660 staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if approved, credit may or may not cover full cost of requested City services. Taxe�lsg__ ,Donation Request City Services Credit [M—'y—'r1C'U--___ 1 !Date Needed: 12/1/2015 ncilmember: Rayne mgodurgt Requested; '000 1 Dirac Payment Amount [$ �Ehrint Date: 2/19/2015 (Event Time 10:00 AM to 5:00 PM [Requested: obi, [Event vocation: I El Salvador Park & Recreation Center 1825 W Civic Center Dr; Santa Ana, California (Address, City, State, Zip 92703 CI be 1 go I 11e Plural. Ill. r N IBm ounted M 111 Itl id, IC ICM1 ristmas Pas a do Event Atli the help of the City of S a sto Ana and I coal raddedge for law am, me families and the begin "orhood for the post 22 years Th a chip a as of the eve tit is to gather the Go minum my together to � I an rate peace while shedding a I ight on file night to strengthen the commands and event Description of towards building a spend vibrant healthy neighborhood. The event lehryteb family. health, oducrign and parmiumbily pride, The Poison is a repression through the calghborhood that Event /Purpose: oncommigge the residdancre promote safe streets and 00plihipr7c unity, Ina lead by neighborhood residents and children. At the event the Association will encourage resident to get Inv o said In activities at the Center and participate in said clean up, restoring the much an Civic Center Drive, suggesting community gardens. and readuch up the neighborhood. The celebration ..a.. a 5 neighborhood care some: Promoting peace, embracing implies, building healthy communities encouraging educational areacese and instilling commands pride. Community Benefit: The community benefit is to neighborhood identify promote and community pride. Applicant Signature: i ��y 60ilzvi(es Woo (Date: 110/27/2016 :Return completed form viav Mall: 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[: DR _T Eligibility Met; YES I NO Approved Amount: City Manager Signature: Date: Revised 8/25/2015 f9milgi`3 25G -4 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on DECEMBER 1, 2015 by and between the City of Santa Ana, a municipal corporation ( "City ") and CHARITABLE VENTURES OF ORANGE COUNTY, 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 NEIGHBORHOOD IDENTITY AND COMMUNITY PRIDE ( "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 ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE PEACE, EMBRACE FAMILIES, BUILD HEALTHY COMMUNITIES, ENCOURAGE EDUCATIONAL SUCCESS, AND INSTILL COMMUNITY PRIDE. 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 DOLLARS ($1,000) for an event to be held on Saturday, December 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 fiords, 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 fiords 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 take 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. EXHIBIT 2 25G -5 CITY or SANTA ANA DO1NATION 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 fiends 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 /retease protections. This right shalt be on -going and may be implemented by the City at any time, and all insurance and waiver /release forms shall be provided on fonns, 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 EXHIBIT 2 25G -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of S individuals who have signed this Agreement have the Legal power, right and authority to make this Agreement bind each respective Party. EXHIBI`p 2 25G -7 CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 5 UTY OF SANTA ANA C City Manager Attest: By: Signature Name Title Approved cis to Form: By: 4 U7: City Attorney EXHIBIT 2 25G -8 CITY OF SANTA ANA DONATION AGREEMENT Page 5 of 5 CHARITABLE VENTURES OF GRANGE COUNTY a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 25G -9 25G -10