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Home My WebLink About29B - DONATION - MEX-AMER WOMENS0mok • • I CITY COUNCIL MEETING DATE: FEBRUARY 7, 2017 TITLE: DONATION AGREEMENT WITH MEXICAN - AMERICAN WOMENS NATIONAL ASSOCIATION OF ORANGE COUNTY TO SUPPORT A LEADERSHIP CONFERENCE (STRATEGIC PLAN NO. 5,4) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` 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 Mexican - American Womens National Association of Orange County for a one -time donation amount of $1,000, subject to non - substantive 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. The resolution and policy outline 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. Mayor Pro Tern Martinez recommends appropriating $1,000 to the Mexican - American Womens National Association of Orange County to support an event that will be held on Saturday April 22, 2017, 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). 29B -1 Donation Agreement with Mexican - American Womens National Association of Orange County February 7, 2017 Page 2 FISCAL IMPACT Funds to support the City Council Special Event Sponsorship Policy Year 2016 -17 General Non - Departmental account (01105015- 62300). from Mayor Pro Tern Martinez' appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director C Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 29B -2 are available in the Fiscal The $1,000 will be spent City of Santa Ana Donation Request Name: M. Nellie Kaniski Title: Address: 1614 W. 9th Street City, State, ZIP: Santa Ana, CA 92703 Phone: Email: nelliel<c@roadrunner.eom Fax: City Manager's Office -. M -31 20 Civic Center Plaza P.O. Box 1989 Santa Ana, CA 92702 (714) 647 -9200 Executive Director, MANIA 714 - 914 -6502 Name: Mexican- American 'Wornens 'National Association of Change County Tax - Exempt Status: Is your organization a non - profit or public tax- exempt organization as Select One: defined under Section 501(c)(3) of the Internal Revenue Code? ® Yes No If No, you will only qualify for a credit for City - related costs for your request (i. a, permit fees, if Yee, staff time, rental rates for' facilities or equipment, etc.). Costs for City services vary and if 68- 0552012 approved, credit may or may not cover full cost of requested City servicea Tax ID 0: , City Services Credit $ Date Needed: Mayor /Counclimember: Martinez Amount Requested: Direct tAmount Requested; ted: $1,000 Event Date: April 22 2017 Event Time: 8 am - 4 pm Event Location: Santa Ana College, 1530 W. 17th address, city, state, zip Santa Ana, CA 92706 Description of The 26th Annual Adelante Young Women's Educational Leadership Conference, Event /Purpose: High school student outreach, to promote higher education, By supporting self confidence, encouraging higher education, sharing career opportunities in STEM Community Bonefit: fields along with financial aid and scholarship information, a community of learners -- students will thrive; our community will thrive -it can became a elf sufficient, educated and aware society. Applicant signature: ;(_ Date; December 6, 2016 Mail: City Manager's Office —M -$1 Email: donationrequest@santa- ana,org 20 Civic Center Plaza Fax: (714) 6478954 P.O. Box 1988 Santa Ana, CA 92702 �J r -1 "Cr Ftr _st'd- rk <' IW IA,• 'lEtt :'ai °QL ki. ° -1 .- __ -�.. EXHIBIT 1 Revised 11/16/2015 r•- CITY OF SANTA ANA DONATION AGREEMENT WITH MEXICAN- AMERICAN WOMENS NATIONAL ASSOCIATION OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on FEBRUARY 7, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and MEXCIAN- AMERICAN WOMENS NATIONAL ASSOCIATION OF ORANGE COUNTY, 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 THE 26T11 ANNUAL ADELANTE YOUNG WOMEN'S EDUCATIONAL LEADERSHIP CONFERENCE ( "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 PWpse. The City, by recommendation of MAYOR PRO TEM MICHELE MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE HIGHER EDUCATION, FINANCIAL AID, AND CAREER OPPORTUNITIES FOR HIGH SCHOOL STUDENTS. 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 an event that will be held on Saturday, April 22, 2017, 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 tezaninate this Agreement and demand the return of the funds pursuant to Section 3.2 below. 3.2 Term; Termination of Apreernent. 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. EXHIBIT 2 r•- CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 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 certavn 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 ]imitation 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/Modifrcation. 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 Patties. 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 r•- CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL By: Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA m Attest: IRm Gerardo MOCIet Acting City Manager Maria D. Huizar Clerk of the Council Approved as to Form; By QrIL /ht/ -t- J n M. Funk Assistant City Attorney MEXICAN - AMERICAN WOMENS NATIONAL ASSOCIATION OF ORANGE COUNTY a 501(c)3 NON - PROFIT ORGANIZATION RE Signature Name Title EXHIBIT 2 29B -7 r•-