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Home My WebLink About25K - AGMT - DELHI SUMMER CAMPfew N o CITY COUNCIL MEETING DATE: AUGUST 16, 2016 TITLE: DONATION AGREEMENT WITH THE DELHI CENTER TO SUPPORT A SUMMER ENRICHMENT CAMP (STRATEGIC PLAN NO. 5,4) __ IT MANAGER 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 the Delhi Center 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. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Martinez recommends to appropriate $2,500 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). 25K -1 Donation Agreement with the Delhi Center August 16, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015 - 62300). The $2,500 will be spent from Councilmember Martinez's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25K -2 a t`. City of Santa Ana Donation Request !Name: Jenny Rios Address: 1505 E. Central Ave city, state, zip: 1 Santa Ana, CA 92707 ;Email: jennyrios @dethicenter.org Name: Delhi Center City Manager's Office - M -31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.6200 CEO jPhone: :714- 481 -9601 !Fax: 714- 481.9698 Tax- Exempt Status: Is your organization a non - profit or public lax - exempt organization as defined under Section 501(.)(3) of the Internal Revenue Code? Select One: Yes ❑ No IIfell you willonlyqualdy fors credit for City- related costs foryourrequest il.e, permit fees, If Yes staff time, rental rates forfacilittas orequipment,etc.).Costs for Cityservices vary andif !g52620952 approved, credit may or may not cover full cost of requested City services. ax ID #: !City Services Credit (A Date Needed: !June 30, 2016 Mayor /Councgmembgr: Martinez Amount Requested: j !Direct Payment Amount !Requeste: '$2,500 Event Date: 16 -20 to 8 -19 (Event Time: Ili 7:30 am -5:30 pm IEvent Location: E. Central Ave. Santa Ana, CA 92707 [Address. City. State, Lp 1 1 Summer Endchmenl Camp: A comprehensive maT ofag. appropdale edlvitles foryouth eAea Sfo13, and ages 14 to 18. The dual goal¢ Wtheprogremare to Vav,dn IDesad doll al chepenong antlomedno activities main ®eyidnnae bond prevenlim strategies for both age groupa,whlle pmvad'mg order pe,lltlpable with 21.1 Century skills to help them p become College and Career ready. Aahvllles will Include physedel htnes;, now and performing ode, video FmduGlion, end other opportunities that well help them develop �.. Event l Purpose: healthy Restless, develop original Mlnang s kills, and Cam respond, paradpanls vell team Mlevi.vang and Storytelling sachneci and lest drugs a film pmtluctlon to showcase the net third, of their ave , and than community. Older peounpanl3 Yell ail as Junior Leaders and vve engage In a framing component for IoaderehaF die8lepnewl The funding will Cover the cost of 2 1 Ana youths lam Want 2 for the Nil g weak Camp eased they Will be engaged in Challanging, educational, and healthy adivaes i which swill lead to an anLL.l- summer produmMn Mat wall sewn as a vohado to showcase grab aaCnmpliebmente and Near..Co ity. Junior Leader.. 11 gain job training antl Community Benefit: I f.porl.r. while being mentmed by collage Masora; and will pslenlaaty s¢,a as the pool of qualified future inaimptor. Ihr expanded programming. The summer camp will hmv. am a pilot pmgmm In order to evaluate Its Impact on the youth moved and to use the houlls as the basis fin fully developed Wagr.m for eliM Debt Center Coal eeaA Igrant fdndleg In order to carcae to provdDqooewe prevention programs for at risk youth Approant Signature: 10ate: . May 18, 2016 (Mail: City Manager's Office -M -31 Email: donationrequest@santa- ana.org 20 Civic Center Plaza Fax: (714) 647.6964 P.O. Box 1968 Santa Ana, CA 92702 Donation Requi ri CSR ez.P ,a�ee a an m Coune II Mooting Dater Eligibility Mct: YES I NO Approved Antonin'_ City Manager Signature. Date: Revised 11/16/2015 SW 25K -4 CITY OF SANTA ANA DONATION AGREEMENT WITH THE DELHI CENTER 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on AUGUST 16, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and the DELHI CENTER, 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 HOSTING A SUMMER ENRICHMENT CAMP ( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terns 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 puupose 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 TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500) for a program that will begin on Monday, June 20, 2016 and end on Friday, August 19, 2016, because the City has detenmined 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 tennis and conditions provided for in this Agreement, Should Recipient fail to use the fiends 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 fiends 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 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 indermification 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 ;U rx T CITY OF 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 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 assuume 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. -- signatures appearing on next page -- 2 WW-V CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL By: Robert C. Cortez Special Assistant to the City Manager City Manager's Office CITY OF SANTA ANA By: David Cavazos City Manager Attest: i Maria D. Auizar Clerk of the Council Approved as to Form: By:. 64m M. Funk Assistant City Attorney DELHI CENTER a 501(c)3 NON - PROFIT ORGANIZATION m. Signature Name Title 2 TI 25K -8