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Home My WebLink About25F - AGMT - TOY DRIVE DONATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: DONATION AGREEMENT WITH REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE TO SUPPORT A HOLIDAY TOY DRIVE (STRATEGIC PLAN NO. 5,4) CITY MIANAGPR RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: p•'C• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 an agreement with Regents of the University of California at Irvine for a one -time donation amount of $300, subject to non - substantive 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 $300 to Regents of the University of California at Irvine to support a holiday toy drive that was held on Friday, December 18, 2015, at the UC Irvine Health Family Health Center, Santa Ana site, 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). 25F -1 Donation Agreement with Regents of the University of California at Irvine to Support a Toy Drive January 19, 2016 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 $300 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 25F -2 C City of Santa Ana Donation Request City Manager's Office— M -31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Name: Ivan Coziahr �W `Title: Executive Director Address: 800 North Main Street u city, state, zip: Santa Ana, CA 92701 Phone: 714- 480 -2441 IEmail: — - icoziahr @uci.edu Fax: __714- — 560 -0640 e g. Name: UC Irvine, Family Health Center -Santa Ana 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? Select One: Yes ❑ No If No, you will only qualify for a credit for City - related costs for your request (i. e. permit fees, 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 If Yes, Tax ID #: (� /) (� V 952226406 City Services Credit mount Requested: I$3OO (Date Needed: l 12 /18/15 (Mayor /Councilmen bar: I Reyna Direct Payment Amount 12/18/15 Event Time: Requested: $ Event Date, 1O:OOam- 3:3OprYl F nt Location: 800 North Main St, Santa Ana CA 92701 ess, City, State, Zip Description of UC Irvine, Family Health Center Nancy's Miracle Toy Giveaway 20th Anniversary Event /Purpose: For the past 19 years we have been able to collect new toys to over 4000 needy children for the City of Community Benefit: Santa Ana and its surrounding communities (Newborns to -Teens) Thank you so much for your Wsup rt Mail: City Manager's Off ice —M -31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647.6964 P.O. Box 1988 Santa Ana, CA 92702 Revised 11/16/2015 25F -4 CITY OF SANTA ANA DONATION AGREEMENT WITH REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JANUARY 19, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE, 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 A TOY DRIVE ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terns 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 PROVIDE AN OPPORTUNITY TO COLLECT NEW TOYS TO GIVE TO CHILDREN IN THE CITY OF SANTA ANA AND SURROUNDING COMMUNITY. 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 THREE HUNDRED DOLLARS ($300) for an event that was held on Friday, December 18, 2015, because the City determined that there was 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 terns 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 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 finds 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, inns. For purposes of the City's protection, if the City determines that the finds will be used for a purpose which may cause a significant risk of EXHIBIT 2 25F -5 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 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 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 Comnaurrity 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 anyjudgment, 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 Agreern . 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 25F -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 CITY OF SANTA ANA By: David Cavazos City Manager Attest: By: Maria D. Huizar Clerk of Council Approved as to Form: By: c.. Iun M. Funk Assistant City Attorney REGENTS OF THE UNIVERSITY OF CALIFORNIA AT IRVINE a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 25F -7 25F -8