HomeMy WebLinkAbout25G - AGMT - DONATION SA ATHLETIC FOUNDATIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 7, 2016
TITLE;
DONATION AGREEMENT WITH SANTA
ANA ATHLETIC FOUNDATION TO
SUPPORT A COLLEGIATE WRESTLING
PROGRAM
(STRATEGIC PLAN NO. 5,4)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
cTPJ* :• OJ
❑
As Recommended
❑
As Amended
❑
Ordinance on 1" Reading
❑
Ordinance on 2ntl Reading
❑
Implementing Resolution
❑
Set Public Hearing For
CONTINUED TO
AWAZ l�l� AFT] 1.
Authorize the City Manager and Clerk of the Council to execute an agreement with Santa Ana
Athletic Foundation for a one -time donation amount of $2,000, 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 recommend s
support an ongoing collegiate wrestlin g
Upon approval of this item, a donation
STRATEGIC PLAN ALIGNMENT
appropriating $2,000 to Santa Ana Athletic Foundation to
program, in response to their donation request (Exhibit 1).
agreement (Exhibit 2) will be executed.
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 Santa Ana Athletic Foundation
June 7, 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 $2,000 will be spent from
Councilmember Martinez's appropriated amount for FY 2015 -2016.
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
25G -2
City of Santa Ana
Donation Request
INanne: I Scott Glabb
i �d diress: 17--3- 7 P- 1 t'C a 1 r-n ... Dr
State, Zip: I Uosta Mesa, CA
glabb@prodigy,net
Name: (Santa Ana Athletic Foundation
City Managers Office — M•31
20 Civic Center Plaza
P, 0. Box 1988
Santa Ana, CA 92702
(714) 647-6200
tie: Teacher/coach
; - --- . ... .......
1Phone:
Fax:
714-609-6607
714-567-4997
Tax •E xe mpt Status: Is your organization I . a I- non -profit - or .. public . 11 1 1 11 tax - exempt . 11 .1 I I criganizatio - n - a - a
defined under Section 501(c)(3) of the Internal Revenue Code?
(Select One: Yes No
i If No, YOU will only qualify fare credit for City - related costs for your request (i.e. permit fees, F
(.staff time, rental rates for facilities or equipment, etc.). Costs for City services very and if
approved, credit may or may not cover full cost OF requested City services. Tax ID 91-21 6366502
!City Services Credit
I$ IDI Needed
)Amount Requested;
I MayourfCounclimember: Martinez
Direct Payment A m o u n t
ls2000 Event
Requested;
Date: 6/6/2016 Event Time: 8AM-9PM Fri -Tugs
Event Location:
Santa Ana High School
Address, City, State, Zry
1520 W. Walnut St
Santa Ana, CA 92701
iDescription of
On June I the Santa Ana Athletic Foundation will be hosting a banquet to honor the Santa Ana Wrestling Teams CIF Championship
in 2016. Team members, coaches, community leaders and administration
I Event I Purpose:
will be recognized with awards and acknowledge their
contributions to the program. The blauniquetwill begin with a dessert appetizers and be followed by the awards presentation in the
historic Starts Ann HIS Auditorium. Funds will be used for buying awards, T-shirts and plaques that will be presented at the banquet
Icommunity Benefit,
Recognizing our youth, and these who make contributions to continue the success Bud legacy of cur school Programs, help motivate them e I
continue the hard work they are doing. It sends the message to those honored h a re a
that WO pp cl to your effore and respect for
you what you
have accomplished. In turn, these people, who were honored, will continue to work hard, pour then efforts into this community, and give back
to the Programs that have helped them be successful,
Datud -
11 1: 1, ,
amk%IIIIIIIIIIIIIIIIIIIIIIA, 11111 IIIIIIIVII
m a =,
1111111111 '1 11111 1 I III frill 11111 1111 ;;!!!ill:!
Whi 111: 11 1! lilill 1111iiIIII'l i
-it-
Mail: 6 y Manager's Office —M -81 Email: donationrequost@santa-ana.org
20 Civic Center Plaza i Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
----------
Revised 11/16/2015
W-real
25G -4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH SANTA ANA ATHLETIC FOUNDATION
1. PARTIES AND DATE
This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between
the City of Santa Ana, a municipal corporation ( "City ") and SANTA ANA ATHLETIC
FOUNDATION, 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 CommunityBenefit, The City wishes to provide Recipient with funding to assist
Recipient in SUPPORTING A COLLEGIATE WRESTLING PROGRAM ( "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 THE COMMUNITY 'THROUGH EARLY PREVENTION AND
INTERVENTION PROGRAMS FOR YOUTH. 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 DOLLARS ($2,000) 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 frmds, 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 frmds pursuant to Section
3.2 below.
3.2 Tenn; Termination of Agreement. This Agreement shall take effect on the date first
above written and remain in effect through Recipient's full expenditure of the funds. 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.
2mit
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
participant waiver /release protections. This tight 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
mariner 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 ternnination 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.
2
AU-6
RECOMMENDED FOR APPROVAL
By:
CITY OF SANTA ANA
0
Robert Cortez David Cavazos
Special Assistant to the City Manager City Manager
City Manager's Office
3
6X10
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Forin:
By:
Lisa Storck
Assistant City Attorney
SANTA ANA ATHLETIC FOUNDATION
a 501(c)3 NON- PROFIT ORGANIZATION
By:
Signature
Name
Title
25G -8