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Home My WebLink About25D - AGMT - DONATION JAGUAR BOOSTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 3, 2016 TITLE: DONATION AGREEMENT WITH JAGUAR DIAMOND BOOSTER CLUB TO SUPPORT AN ATHLETIC CLUB AT SEGERSTROM HIGH SCHOOL PROGRAM (STRATEGIC PLAN NO. 5,4) P y / X CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ 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 Jaguar Diamond Booster Club for a one-time donation amount of $2,500, 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 Tinajero recommends the appropriation of $2,500 to Jaguar Diamond Booster Club to support an ongoing athletic club at Segerstrom High School, 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). 25D-1 Donation Agreement with Jaguar Diamond Booster Club May 3, 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 $2,500 will be spent from Councilmember Sal Tinajero's appropriated amount for FY 2015-2016. APPROVED AS TO FUNDS AND ACCOUNTS: •a\\\ q A A dam 1 Francisco Gutierrez Executive Director _k Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25D-2 City Manager's Office — M-31 Cityof Santa Ana20 Civic Center Plaza -' Donation Request P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 ® • m IName Laurie Tristan ride Treasurer Address: 1942 W. Carol Avenue Cctty state, zip I Santa Ana, CA 92707 Phone: 714-356-3446 (Email: Ijaguarbaseballboosters@gmail.com jFax- ';Name: IJaguar Diamond Booster Club - j Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as e: llccelect One:` under Section 501(c)(3) of the Internal Revenue Code? Yes ❑ No I If fNo,ft you will only qualify for a credit for City -related costs for your request (i.e. permit fees, If Yes, j 4 6 -4 52 6131 stafftime, 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. (Tax ID #: •e • �a City Services Credit r 1 Is n�a (Date Needed y b June 2016 (Mayor/Councllmember: ITinajero AmountAmountRequested: I I I (Direct Payment Amount (Requested: 1$2,500 (Event Date. !will utilize dona !Event Time: (Event Location: j Segerstrom High School; 2301 W. MacArthur Blvd, Santa Ana, CA 92704 (Address, City, State, Zip i i the Segerstrom High School Baseball program, comprised of ag players and S coaches is one of the top baseball programs in the City of Santa Ana. To (Description of maintain and strengthen the skills of our student athletes, all of our teams, Frosh/Soph, JV and Varsity, play in leagues and tournaments year round Due to the limited funding that our program receives from the school district, our parent booster group looks to community sponsors In order to enhance and support �. Event I Purpose: our student -athletes and baseball program. The donation of funds from the City of Santa Ana would go directly toward supporting our baseball program and be i used an !tams such as baseballs, equipment, field enhancements, and/or tournament fees. Ourplc,aramtl p-mrs. to,. gh-wass in maintaining lessuld,rltl,tlgt tlgp t a. drides proadd,Pn ipating in baseballl M1 ttl tthllo ficaulgold sporlsmensblp and b Itl commissars and sof outerem. Our oeacM1 encouragethe purchase of acetlemks that and the mponance of being a scroll athlete They emphasize the importance of being Benefit goonspad ban, oa and arc the lam antl encr.ragapammparenmwmmunityeewloe.aeeewmg the forcing form the ck,.f.anta Ana will be used on hame such as enhancing our fields, monsoon iCommunit y I came praWlce their skills by playing In tournaments ana provil equipment tar our archanlatustes. This In turn prcvmes a sale environment far ono students to pemolpate in a sport hat they love, strengthens theirselfasleem and fosters positive reletlonsM1lps Win other clla ses coaches, parents, and the greater school community. We appreciate the consideration for tills funding oppotlu or jApplicant Signature: C,"wL&--rr s-u !Date jApril 18, 2016 0 I I 1 -__._—____________._—.____._—__.—_-_—_.—__._ � Mail: city Manager's Office— M-31 I Email: donationrequest@santa•ana.org ! 20 Civic Center Plaza I Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request#: DR- Relerence # on al! reiafetl UPf/s ', Eligibility Met: YES I NO City Manager Signature: j Council Meeting Date: Approved Amount: '.. Date: 'll 25D-4 CITY OF SANTA ANA DONATION AGREEMENT WITH JAGUAR DIAMOND BOOSTER CLUB 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on MAY 3, 2016 by and between the City of Santa Ana, a municipal corporation ("City") and JAGUAR DIAMOND BOOSTER CLUB, 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 ENHANCING EXISTING BASEBALL FIELDS AND PROVIDING ADDITIONAL BASEBALL EQUIPMENT ("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 SAL TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will MAINTAIN AND STRENGTHEN THE SHILLS OF STUDENT ATHLETES. 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 payment of TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500) for an ongoing program, 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 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 termination of this Agreement. 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, require Recipient to provide certain insurance and 2OITS CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 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, 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 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. M A• • 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: u-U'Fv,.. �W, J m M. Funk Assistant City Attorney JAGUAR DIAMOND BOOSTER CLUB a 50I(c)3 NON-PROFIT ORGANIZATION m Signature Name Title 26014 25D-8