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Home My WebLink About29D - DONATION AGMT - MARTINEZREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2017 TITLE: DONATION AGREEMENT WITH SANTA ANA ATHLETIC FOUNDATION FOR THE SANTA ANA HIGH SCHOOL FOOTBALL TEAM EVENT (STRATEGIC PLAN NO. 5,4) CITY AANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I'_1=160MIX ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2"d 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 Santa Ana Athletic Foundation for the Santa Ana High School Football California Interscholastic Federation Finalist Celebration event 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. 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 Tem Martinez recommends appropriating $1,000 to Santa Ana Athletic Foundation to support Santa Ana High School Football Team's California Interscholastic Federation (CIF) finalist celebration event that occurred on January 28, 2017 in Downtown Santa Ana, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. 29D-1 Donation Agreement with Santa Ana Athletic Foundation For the Santa Ana High School Football Team Event February 21, 2017 Page 2 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). FISCAL IMPACT Funds to support the City Council Sponsorship Policy General Non -Departmental account (01105015-62300) Tem Martinez 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 29D-2 are available in the Fiscal Year 2016-17 The $1,000 will be spent from Mayor Pro a City Manager's Office — M-31 City of .Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 -- (714) 647.5200 s m fNama: ml LorenLighthallride: [AssistantPrincipal Address: 520 W Walnut _ City, State, zip: Santa Ana, CA, 92701 Phone: 714-567-4902 Email: —� loren.lighthal@sausd.us� Fax: [715-567-4952–�� 1-ion Information ri Name: [Santa Ana Athletic Foundation Tax-Exempt Status: Is your organization a non-profit or public tax-exempt organization as S elect One: — defined under Section 501(c)(3) of the Internal Revenue Code? r F Yes No If No, you will only qualify for a credit for City-related costs for your request (i. e. permit fees, If Yes, staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if (� 36 (� 5 approved, credit may or may not cover full cost of requested City services. Tax ID #: V V V J `— _ ✓�9121 Donatton, Resuest City Services Credit �^(T � r $ 1 000 Date Needed: ASAP MayorlCouncilmember: Martinez ^ Amount Requested: + Direct Payment Amount [$1,000 Event Date: Requested:[01 /28/2017 _ f Event Time: 1:30-4:30 Ev°nt°tali°": :Yost Theater, 307 N. Spurgeon, Santa Ana, CA 92701 Address, Cify, State, Zip Description of SANS Football Celbration - 1st time in 30 years an SAUSD high school has been Event I Purpose: to the CIF finals in football Hundreds of community members will engage in a celebration in Downtown Santa Community Benefit: Ana, providing an economic boost and demonstrate positive pride in the City. Applicant Signature:. _. v10ate:__101 /26/2017 - all: City Manager's Office—M-31 Email: donationrequest@santa•ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 _ , _ _._ , r2e,erenrekrnadrela:etlDr^V5� � � � Donation Request #: Fort - Council Meeting Date: _ [Eligibility Met. YES I NO Approved Amount: LCity Manager Signature: — Date: --) Revised 01/05/2017 rAIJ wg%� 29D-4 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA ATHLETIC FOUNDATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on FEBRUARY 21, 2017 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 Community Benefit, The City wishes to provide Recipient with funding to assist Recipient in HOSTING A SANTA ANA HIGH SCHOOL FOOTBALL TEAM CELEBRATION EVENT IN DOWNTOWN SANTA ANA FOR BEING A CALIFORNIA INTERSCHOLASTIC FEDERATION (CIF) FINALIST ("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 P ose, The City, by recommendation of MAYOR PRO TEM MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE AN ECONOMIC BOOST TO THE DOWNTOWN AREA AND DEMONSTRATE POSITIVE PRIDE IN THE COMMUNITY. 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 the on-going community outreach and adult educational clinics, 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 fiords 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 hinds 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. r�i 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 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 Cit X. Nothing in this Agreement shall be implied or interpreted as City establishing or providing oversight, control or approval of the Conummity Benefit or any activities conducted by the Recipient. 3.5 Indemnification. Recipient understands, acktrowledges 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 Conummity 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 vohmteers, 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 EXHIBIT 2 29D-6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. RECOMMENDED FOR APPROVAL an Robert C. Cortez Deputy City Manager City Manager's Office P -� • 1 CITY OF SANTA ANA By: Gerardo Mouet Acting City Manager Attest: By: Maria. D. Huizar Cleric of the Council Approved as to Form: JOV M. Funk Assistant City Attorney SANTA ANA ATHLETIC FOUNDATION a 501(c)3 NON-PROFIT ORGANIZATION By: Signature Name: Loren Lighthall Title: Assistant Principal p4lorge