HomeMy WebLinkAbout25E - AGMT - DONATION CIVIC ENGAGEMENTREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 16, 2016
TITLE:
DONATION AGREEMENT WITH YOUTH
DEVELOPING DISCIPLINE THROUGH
MARTIAL ARTS AND FITNESS TO
SUPPORT A CIVIC ENGAGEMENT
PROGRAM (STRATEGIC PLAN NO. 5, 4)
l�
CITY MAN GER
RECOMMENDED ACTION
Authorize the City Manager and Clerk of
Developing Discipline through Martial Arts ai
subject to nonsubstantive changes approved
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 161 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
the Council to execute an agreement with Youth
Id Fitness for a one -time donation amount of $1,500,
by the City Manager and the City Attorney.
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 Angelica Amezcua recommends to appropriate $1,500 to Youth Developing
Discipline through Martial Arts and Fitness to support their civic engagement program, 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).
25E -1
Donation Agreement with Youth Developing Discipline through Martial Arts and Fitness to
Support a Civic Engagement Program
February 16, 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 $1,500 will be spent from
Councilmember Angelica Amezcua's appropriated amount for FY 2015 -2016.
APPROVED AS TO FUNDS AND ACCOUNTS:
�kR r, s�X_)ZX A _
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
25E -2
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
Organization Infs s
Name: •rBrlan
I-
J Leal mm ^(Title: _ — Advisor n
�daress :_11311
N French St #F T
City, State, zip:
Santa Ana, Ca 92701 --^--
Phone:
1714656 -8203
[Email _
(lealbrian3 @gmail.com
�EventTime: ~��
On GOing
Organization Infs s
Name: YMAF: Youth Development Through Martial Arts and Fitness _ e
Tax - Exempt Status: Is your organization a non -profit or public tax - exempt organization as
darned under Section 501(c)(3) of the Internal Revenue Code?
Select One:
❑v
Yes No
If No, you will only qualify for a credit for City- related costs for your request (1. e. permit fees,
stafft ime, rental rates for facilitiesovequipment ,etc.).este for City services vary and if
approved, credit mayor may not cover full cost of requested City services.
[TYals #:
33- 1168575
��
$1500
Event Date:
D
On Going e_
Mail: City Manager's Office —M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Email: donationrequest @santa - ana.org
Fax: (714) 647.6954
EXhihit i Revised 11/16/2015
City Services Credit
mount Requested:
^— �____._____���__..L�
I�
Date Needed:
12/15/15
�_
Mayor /Councilmember:
�_
Amezcua
Direct Payment Amount
Requested
��
$1500
Event Date:
D
On Going e_
�EventTime: ~��
On GOing
Event Location
Address, City, Slate, Zip
718 W McFadden Ave, Santa Ana, CA 92707
Description of
The purpose of the program is to empower youth in high school with leadership training and civic
engagement opportunities. Students learn about local and state government and participate in 3 statewide
Event / Purpose:
conferences as well as conduct a an average of 4 conferences for elementary and middle school students.
Community Benefit:
The community benefits from this program through the amount of engagement from the program in the community. Through this program
students have been able to put together and assist in community events such as conferences, toy drives, toy giveaways, city sponsored
events, and school carnivals /celebrations. This program also directly impacts students in they abilities to public speak, network, and critically
think.
Applicant Signature:
®IDatl e'2�1�15
v
Mail: City Manager's Office —M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Email: donationrequest @santa - ana.org
Fax: (714) 647.6954
EXhihit i Revised 11/16/2015
25E -4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH YOUTH DEVELOPING DISCIPLINE THROUGH MARTIAL ARTS AND FITNESS
1. PARTIES AND DATE
This Donation Agreement ( "Agreement ") is entered into on FEBRUARY 16, 2016 by and
between the City of Santa Ana, a municipal corporation ( "City ") and YOUTH DEVELOPING
DISCIPLINE THROUGH MARTIAL ARTS AND FITNESS, a California 501(c)3 NON-
PROFIT ORGANIZATION ( "Recipient "), City and Recipient are sometimes individually referred
to as "Party" and collectively as "Patties" in this Agreement.
2. RECITALS
2.1 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient in ENGAGING YOUTH TO PARTICIPATE IN CIVIC ENGAGEMENT
("Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and
conditions under which the City will provide finding.
2.2 Public PyM. ose. The City, by recommendation of COUNCILMEMBER
ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit
because it will EMPOWER HIGH SCHOOL YOUTH WITH LEADERSHIP TRAINING AND
CIVIC ENGAGEMENT OPPORTUNITIES. The foregoing is a general description of the public
purpose, and is not necessarily the only public purpose to be gained from the Commmmity Benefit.
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 on -going program, because the City has determined
that there is a public purpose to be served in supporting the Cornxunity 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 fends 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 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 strvive any
expiration or termination of this Agreement.
3.3 Waivers, Insurance or Other Obli a� tions. For purposes of the City's protection, if the
City determines that the funds will be used for a putTose which may cause a significant risk of
EXHIBIT 2
25E -5
CITY Or SANTA ANA
DONATION AGREE, ME, NT
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 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 traurna 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,
ermployees, 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 tennination 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.
-- signatures on followingpage --
EXHIBIT 2
25E -6
CITY OT 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 �°
Min M. Punk
Assistant City Attorney
YOUTH DEVELOPING DISCIPLINE THROUGH MARTIAL ARTS AND FITNESS
a 501(c)3 NON- PROFIT ORGANIZATION
By:
Signature
Name
Title
EXHIBIT 2
25E -7
25E -8