The URL can be used to link to this page

Home My WebLink About25G - AGMT - DONATION BASEBALL TOURNAMENT0 N o CITY COUNCIL MEETING DATE: MARCH 15, 2016 TITLE: DONATION AGREEMENT WITH SANTIAGO LITTLE LEAGUE TO SUPPORT A BASEBALL TOURNAMENT (STRATEGIC PLAN NO. 5, 41 7 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1B1 Reading ❑ Ordinance on 2ntl 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 Santiago Little League for a one -time donation in the amount of $1,000, 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 $1,000 to Santiago Little League to support a baseball tournament, 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 Santiago Little League to Support a Baseball Tournament March 15, 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 no. 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 i F City of Santa Ana 4 Donation Request c!t- C ®r2tactJntornia'tton„ , , � s � , Address: P.0, Box 3357 caty,stato.xip: Santa Ana, CA 927tH srnatr jberrelleda @roadrunner.cvm iS 'arizatiorrtiiFarsnatton, SantiagoLde League City Manager' off* E- M41 10 CMC cemar P14z4 P.O. Boz f988 Santa Ana {CA 92702 of*) W-"VO Phone: 714-340,0635 ra' T"x fXompt Simus: is yew erganisaton a non - profit ar JX01C uwx xnmmpf tuganrz DTA as SeYact One: ��_�y�i definetl under secuon solialr33 Of The internal Revenue CRde'7 t ♦ u Yes No 11 fttR You WO mmMy fora rMdy for CrX,f- retafedC&Vs for your Mquem ty e. Perm* lees Staff tiWO,enal 'Wes ro f0c#iGCS OfIsgRpMOV 100) Costs for vary and fi if Yes, approved. TAX ID 73-169825 City 6eroiges CM41t _... ... _. AmountRequested: S oatsdeeded: i13dtDS115 MaymrlCeianeiimeatrtoer. Reyna Vinod Pymar Amount $10010 Sventoats. 03105116 Event TRAC, Roauected: 3 am Event Location: El Salvador F"ark, 1825 W. Civic Center Dr. Atl6'2ss Qty Stare. L, oescriptton el Event1forposo: Community SeneFt; Santiago Little League baseball season for tracer city kids around community. Parents and retafAnas have all opporaMdiy to watch 1heu dvidan play and have fun Ouf parents learn to support thear:children and tv teaoh thern a6vut spoftnranshlp, tean%vwk, disom ine altd msAect Applicant Signature: V;- ^3 I ,% Maki: City Manager's Office -4141 20 Civic CenerPlaza P;O. Box 7288 Santa Ana, CA 82702 P'+r'r9mrv. �RSU acrtN P. r1Fx - ti Wit try MtG VrSi NC C A w rl dr:�: A Cat a�lyca inlaid- d4n21ADJlf @�U6St�l &3nt8- atlfi.i?dr� €sx. (71 4) 647.6SS4 'prs>"va +'incuml EXHIBIT 1 25G -3 1W, rte+nsen 1111612Crii5 25G -4 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTIAGO LITTLE LEAGUE 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on March 15, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and SANTIAGO LITTLE LEAGUE, 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. 21 RECITALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING A LITTLE LEAGUE BASEBALL SEASON ( "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 PROVIDE SANTA ANA YOUTH AN OPPORTUNITY TO PARTICIPATE IN BASEBALL AND LEARN ABOUT SPORTSMANSHIP, TEAMWORK, DISCIPLINE, AND RESPECT. 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 benefit of ONE THOUSAND DOLLARS ($1,000) for a series of events to begin on Saturday, March S, 2016 and end Saturday, May 28, 2016, 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 fends, 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 fiends 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 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 tennination of this Agreement. 3.3 Waivers, Insurance or Other Obligations. For pii poses of the City's protection, if the City determines that the funds will be used for a purpose which may cause a sigiuficant risk of CITY OP 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 Oversi_nfit 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 assinne 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/Modiflcation, 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 following page -- EXHIBIT 2 25G -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 CITY OF SANTA ANA By: David Cavazos City Manager .fittest: By: Maria D. Huizar Clerk of Council Approved as to Form: By: ITAL 06n M. Punk Assistant City Attorney SANTIAGO LITTLE LEAGUE a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title 9• 25G -8