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Home My WebLink About25L - AGMT - DONATION DELHI SUMMER CAMP 2REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH THE DELHI CENTER TO SUPPORT A SUMMER ENRICHMENT CAMP (STRATEGIC PLAN NO. 5,4) CITY MANAGER RECOMMENDED ANION CLERK OF COUNCIL USE ONLY: 0202017 ❑ As Recommended ❑ As Amended ❑ Ordinance on I" 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 the Delhi Center for a one -time donation amount of $1,000, 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 Amezcua recommends appropriating $1,000 to the Delhi Center to support a summer enrichment camp that will begin in June 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). 25L -1 Donation Agreement with the Delhi Center 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 $1,000 will be spent from Councilmember Amezcua's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: c Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25L -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) 6474208 Contact' a s Name: (Jenny Rios "Title: CEO Address: 505 E. Central Ave City, state, zip: !. Santa Ana, CA 92707 (Phone: 1714 -481 -9601 jEmail: jennyrios @delhicenter.org Fax: 1714- 481 -9698 Ornanization Informatic Name: JDelhi Center i Tax - Exempt Status: Is your organization a non - profit or public lax - exempt organization as Select One: ;defined under Section 501(c)(3) of the Internal Revenue Code? F Yes ❑ No l No, you will only qualify fora credit for City - related costs for your request (i.e. permit fees, I - - - -- f (staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if Yes, 952620952 approved, credit may or may not cover full cost of requested City services. Donation; City' __._— _— ______,_ -Ir _.. lA Services Credit iS (Date Needed: June 30, 2016 IMayoricounciimember. IAmezcua (Amount Requested: I (Direct Payment Amount Requested: $11,000 IEventDate: 6 -20 to 8 -19 Event rime: M -F 7:30 am -5:30 pm i Event Location: 1505 E. Central Ave. Santa Ana, CA 92707 IlAddrase, City, State, Zip I Summer Enrichment Camp: A comprehensive menu of age abridgment activities for youth bass 01013, and ages 14 to 19. The dual goals of the program are to provide Description of I chalahchtgemichor l activities using avidm.c bnaed Prevention ovoidales for both age groups, while providing older pedioipante Wo, 21 at Cealury skills to help them p Ibecome wllagoand career ready. Activities will Include physical ninths, visual and padonning Otte, video pmdualbn, and other opportunities that will help them develop I Event i Purpose: I healthy Iifeeryles, develop dllllrod thinking skills, and cam respect Participants will learn interviewing and storytelling techniques and will Media a film producllon to showcase the rich history of their lives and their dannin lly. Older padlclpant vil ad es Junior Leedere and will engage in a training component for leadership development. I nofunding will cover the cost of 2 Santa Ana youths from Ward 3 for the full 9 week ramp where they will be engaged in challenging, educational, and healthy acgvilas I which will lead to an end dof -s miner indeci Lion that will serve as to vehicle to aimwcaae their accomplishments and their community, Junior Leaders will gain job minion} and I Community Benefit: erpanena whla bev,gm.ntoratl by college ctutlentsand wdl pol.ntielly 6erva ae g. pool Orqualiged mwre Inatmctpra br ekpandetl pmgnmming. Therummercamprvi eery.... p Ot program In order IO mont to Its Wri On Itla youth served and t0 nab it,. .suite As the bass for a filly deeralepatl program for which mall Carter tall seek grant kniningn order t. condl to p.,,do quality, ve pewhimn programs for at Oak youth. �Appucantsignature: _ (Date: May 18, 2016 • •. Mail: City Manager's Office — M -31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 947.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request #: OR ftefareace 4 on arl,alaled » °V:: Council Meeting Date' Lilginility feet YES I NO City Manager Signature, Apptavud Amount � 5�T � Date. Revised 11/1612015 25L -4 CITY OF SANTA ANA DONATION AGREEMENT WITH THE DELHI CENTER 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 the DELHI CENTER, a California 501(e)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 HOSTING A SUMMER ENRICHMENT CAMP ( "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 AMEZCUA, believes there is a public purpose in supporting the Community Benefit because it will ENGAGE YOUTH TO PARTICIPATE IN A MENTORING AND JOB SKILLS TRAINING PROGRAM. 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 ONE THOUSAND DOLLARS ($1,000) for a program that will begin on Monday, June 20, 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 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 terns 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; Tennination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's full expenditure of the fiords. 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 Mig 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, tosses, 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 A red ement. 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. P. K 62 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA C By: Robert Cortez David Cavazos Special Assistant to the City Manager City Manager City Manager's Office Attest. Fay: Maria D. Huizar Clerk of the Council Approved as to Form: BY: ,,c�n.� -•- Lisa Storck Assistant City Attorney DELHI CENTER a 50I(c)3 NON - PROFIT ORGANIZATION 9 Mil Signature Name Title 25L -8