HomeMy WebLinkAbout25I - AGMT - DONATION BICYCLE TREE EVENT• /. f...
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CITY COUNCIL MEETING DATE:
MAY 17, 2016
TITLE:
DONATION AGREEMENT WITH SOCIAL
AND ENVIRONMENTAL ENTREPRENEURS
INC. TO SUPPORT THE BICYCLE TREE'S
TEN -YEAR ANNIVERSARY EVENT
(STRATEGIC PLAN NO. 5,4)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
_•�:•
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2n' 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 Social and
Environmental Entrepreneurs Inc. for a one -time donation amount of $720, 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 Martinez recommends the appropriation of $720 to Social and Environmental
Entrepreneurs Inc. in support of the Bicyle Tree's ten -year anniversary event to be held on
Saturday, June 11, 2016, 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).
251 -1
Donation Agreement with Social and Environmental Entrepreneurs Inc.
May 17, 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 $720 will be spent from
Councilmember Martinez'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
251 -2
City Manager's Office — M -31
City of Santa Ana 20 Civic Center Plaza
` Donation Request P.O. Box 1988
-` Santa Ana, CA 92702
,y,_
(714) 647 -5200
Contact Information
Name,
rPaul Nagel title: Project Director
atlrass:
811 N. Main St. T
ity, state, zip:
Santa Ana
Pbone: (714)
213 -0654
Email:
paul @thebicycletree.org
fFax: f
Organization
Name: Social and Environmental Entrepreneurs - The Bicycle Tree
Tax- Exempt Status: Is your organization a non - pro fit or public tax - exe organiza
mpt tion as
defined under Section 501(c)(3) of the Internal Revenue Code?
el
elect One:
W�
Yes ❑ No
If No, you will only qualify fora credit for City - related costs for your request (i.e. permit fees,
^T
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if
raxeO
95- 4116679
approved, credit may or may not cover full cost of requested City services.
:
Donation
Ci ty Services Credit
mount Requested:
$ ]2Q,QQ Date Needed:
(
4/25/16
�'
rIMa or /Councilmember:
l Y
Martinez
Direct Payment Amount
Ir�
Event Date:
l�6/11/16
�r2
Event Time:
6 m
p
Requested:
g -fT � Main St, Santa Ana, -C'A 927O'i
vant uocaeon:
[Address,
City, State, Z(p
We will be having a modestly -sized event with live amplified acoustic music and booths for
Description of
local organizations in celebration of The Bicycle Tree's ten year anniversary. The amount
Event 1 Purpose:
requested will go toward the Planning Division's Land Use Certificate fee (Category 2) and
Police /Fire Dept. fees. Music will be performed on enclosed patio, booths in parking lot.
�—
We are a volunteer - powered nonprofit working together to make Orange County a better place to be a bicyclist. We do
Community Benefit:
this is by helping bicyclists fix their own bikes, teaching bike repair, maintenance, and other bike - related subjects in our
classes, advocating locally for bike - friendly infrastructure, donating bikes to those in need, a variety of fun activities
it group rides, and our Wrench & Ride bike education program.
Applicant Signature.
�1,1LL �lQ�
(Date: 4 -19 -16
Retum completed via-
Mail: City Manager's Office —M -31
Email: tlonationrequest @santa- ana.org W
20 Civic Center Plaza
Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request #:_
Council Meeting Date:
Reference tt on aq related Ory
Eligibility Met: YES / NO Approved Amount:
__.- ---
City Manager Signature: ( _ Date
III
EXHIBIT 1 Revised 1 111 612 01 5
'loll
251 -4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH SOCIAL AND ENVIRONMENTAL ENTREPRENEURS INC.
1. PARTIES AND DATE
This Donation Agreement ( "Agreement ") is entered into on MAY 17, 2016 by and between
the City of Santa Ana, a municipal corporation ( "City ") and SOCIAL AND ENVIRONMENTAL
ENTREPRENEURS INC., 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 AWARENESS OF BICYCLING, BICYCLE REPAIR AND
MAINTENANCE, AND BIKE EDUCATION ( "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 MICHELE
MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will
HELP SUPPORT ACTIVE TRANSPORTATION, SUCH AS BICYLING, IN SANTA ANA
AND ORANGE COUNTY. 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
SEVEN HUNDRED TWENTY DOLLARS ($720) 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
EXHI IT 2
25� -5
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 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.
EXHIBIT 2
251 -6
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 3
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest:
0
Maria D. Huizar
Clerk of Council
Approved as to Form:
By W4 YI v. 7
m M. Futile
Assistant City Attorney
SOCIAL AND ENVIRONMENTAL ENTREPRENEURS INC.
a 501(c)3 NON - PROFIT ORGANIZATION
By:
Signature
Name
Title
IAI T�
251 -8