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HomeMy WebLinkAbout29A - AGMT EVENT PROGRAM DONATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 1, 2018 TITLE: APPROVED ❑ As Recommended DONATION AGREEMENTS WITH El Or VARIOUS ORGANIZATIONS TO F]OOrrdinance on 1n' Reading ❑ Ordinance on 2ntl Reading SUPPORT COMMUNITY EVENTS AND ❑ Implementing Resolution PROGRAMS ❑ Set Public Hearing For (STRATEGIC PLAN NO. 5,4) CONTINUED TO FILE NUMBER CI MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: a. Orange County Community Foundation in support of on-going educational outreach and resources for Latino youth in Santa Ana, in a one time donation amount of $500 (Councilmember Sarmiento); b. Orange County Center for Contemporary Arts in support of Boca de Oro Art & Literature Festival that occurred March 3, 2018, in a one-time donation amount of $1,000 (CouncilmemberTinajero). 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. 29A-1 Donation Agreements with Organizations to Support Community Events and Programs May 1, 2018 Page 2 The donation agreements listed above are in response to the Donation Requests (Exhibits 1-2) submitted by various community organizations or neighborhood associations to the specific Councilmembers, seeking sponsorship for community events and/or programs. The Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements (Exhibit 3-4) 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). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2017-18 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2017-18: Councilmember Sarmiento $ 500.00 CouncilmemberTinajero $ 1,000.00 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Vl Executive Director Finance and Management Services Agency EXHIBITS: 1-2. Donation Request Forms Donation Agreements 29A-2 CITY OF SANTA ANA DONATION AGREEMENT WITH ORANGE COUNTY COMMUNITY FOUNDATION (FISCAL SPONSOR FOR HISPANIC EDUCATION ENDOWMENT FUND 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on MAY 1, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and ORANGE -COUNTY COMMUNITY FOUNDATION (FISCAL SPONSOR FOR HISPANIC EDUCATION ENDOWMENT FUND (HEEF) 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 TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR YOUTH TO ATTEND FOUR-YEAR UNIVERSITIES ("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 Purnose. The City, by recommendation of COUNCILMEMBER SAR*)IhNTd, belicves there is a public purpose in supporting the Community Benefit because it PROVIDES" ADDITIONAL RESOURCES THROUGH SCHOLARSHIP FUNDS FOR ORANGE COUNTY'S HISPANIC/LATINO YOUTH TO ATTEND FOUR-YEAR UNIVERSITIES. 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 FIVE HUNDRED DOLLARS -0500); -because the City has determined that there is a public purpose to be served in supporting1he 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 funds 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 indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 29A-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 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 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. EXHIBIT 3 29A-4 CITY OF SANTA ANA By: Raul Godinez City Manager Attest., Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: 01rz UV., hn M. Funk Assistant City Attorney ORANGE COUNTY COMMUNITY FOUNDATION (FISCAL SPONSOR FOR HISPANIC EDUCATION ENDOWMENT FUND), a 501(c)(3) NON-PROFIT ORGANIZATION LIN Signature Name: EXHIBIT 2- 29A -5 29A-5 City of Santa Ana Cfty Manager's Office -M-31 City 20 Civic Center Plaza Donation Request P.O. Box 1988 V Santa Ana, CA 92702 (714) 647-5200 Name: jMonica V. Guillena, MSW — —Tine: — Administrative Director ;Address: j4041 MacArthur Boulevard, Suite 510 City, state, zip: 1 Newport Beach, CA 92660 Phone: 949-5534202 ext. 253 Em all: [heef@oc-d.org Fax: 949-553-4211 i Name., SI Orange County Community Foundation as fiscal sponsor for Hispanic Education Endowment Fund u ITax-Exempt3tatus: 13 your organization a non-profit or public tax-exempt organization as ISaleet One: 1 defined under Section 501(c)(3) of the Internal Revenue Code? I i Yes ❑ No f lfNo. you will only qualify for a credit for City -related costs for yourrequest 09. permit fees, i-�-- `-- -- '-"—- �,stalf time, tergal rates forfactUfes orequipment,etc.).Costs for City services vary andN J1 Yes, 133-0378778 approved, credit may or may not cover full cost of requested City services. i4ax to 0: ;City Sarvices Credit Amount Requested: — . Direct Payment Amount Requested: lEvent Location: Address, City, State. Zip Ioescdption of lEvent/Purpose: I !Community Benefit' ,Applicant Signature: 'Date Needed: i MayonlCounctimember. !Sarmiento 500.00 Event nam:_ ;Event Time: i This $500 donation to the Orange County Hispanic Education Endowment Fund will help to 'support the overall mission which provides opportunities for OC Hispanic youth to attend college. I Each year, over 100 students are awarded HEEF scholarships to attend four-year universities. HEEF serves students who have attended high school in Orange County, CA. HEEPs mission is to Improve access to higher education institutions for OC's Hispanic/Latino youth. Since Its Inception in 1003, HEEF has awarded over 2,200 scholarships totaring over $2.7M. Dam i I2 Z !Mall: City Managers Officer -M-311 1 Email: donationrequest@santa-ana.org 20 Civic Center Plaza I Fax: (714) 647-8964 P.O. Box 1980 Sante Ana, CA 92702 Donation Request#: DR - _ Council Meeting Date: May 1, 2018 Eligibility Met: YES i NO YES Approved Amount $500.00 City Manager Signature: Date: EXHIBIT 1 CITY OF SANTA ANA DONATION AGREEMENT WITH ORANGE COUNTY CENTER FOR CONTEMPORARY ARTS 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on MAX, 12018_by and between the City of Santa Ana, a municipal corporation ("City") and ORANGE COUNTY CENTER -FOR GONTEMPORAI2Y_° ARTS 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 BOCA DE ORO: OC ART & LITERATURE FESTIVAL, HELD ON MARCH 3, 2018, TO HONOR POET LAUREATE LUIS RODRIGUEZ WHICH WAS A FREE EVENT TO THE COMMUNITY ("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 TTN113I RO, believes there is a public purpose in supporting the Community Benefit because it PROVIDED ART AND LITERATURE TO YOUTH IN SANTA ANA AND MOTIVATE THEM TO APPRECIATE THE FINE ARTS IN DOWNTOWN SANTA ANA. 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-"6'500);'because the City has determined that there is a public purpose to be served in supporting'& 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 funds 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 indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 4 29A-7 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 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 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. EXHIBIT 4 29A-8 CITY OF SANTA ANA By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: _ hn M. Funk Assistant City Attorney ORANGE COUNTY CENTER FOR CONTEMPORARY ARTS, a 501(c)(3) NON-PROFIT ORGANIZATION By: Signature Name: EXHIBIT 4 29A-9 %17 City of Santa Ana Donation Request Cary Nanagrr'a Oerc, - MJr 20 Urc Cearn Ptuj P.O 80a fp" S=U Ar CA 97707 1714) w74" .BOCA de O:o: OC At- and LderaFJ:e Festrvst. TO pay for Honorarium of Past Laweate Ltus oescrvaon or Rodngxz who w111 to operung Lne 2018 Festr: at in Santa Ana on March 3, 2018 Evert 1 Pupoee: .. .. _. _.._-_-rt�Y'(yi•:_nrMYa: Y: Pd �1amN;v f.7srm rra+ ya 'CK:a•p Ms -"A Wr en " -V t:rhe Comwunay eorwatto WC )T~.011_ AsraVs I Xr 3 La Vba Lr G312 E)9,1 m 1 A. Wlrm Te Ca^ Sr xOQ Lar+ry amyg :Cc: i w a » r ce::,-.i and rnec.L'v rx ru-.r an] su Lrrq ±,a n o� cry sa xt yan Cn :tr syr� yr APak" 'il2adcfec� e S,tee�sr�z - - - 10810: - - Feb. 10 2018 Mall Cly YaneOefa OfEp - MJ1 . Ern": do+wfbnrap,wugsardn•eru er0 20 CMC Cav,hr Pun Fat: (714) M-WS4 P.O. Not 198a Banta Ary CA 02702 El, -ml!, er<c vrs140 YES Gry,A,r ,S,mtu-r Coss.ca v.-r:np Dow May 1, 2018 $1,000 Owe EXHIBIT 2 29A-10 Ra..aad 0105'2017 Name: }: �JY.kine SpCrrcr eb OCCCA Treasumf Jeftcf FnSGh "noel Y.dYiscty [3=cj Mernt>e Addrese: ,Co East 4111 Strect Fay. swe. ft: Santa Ana Phorw i71-0815-2653 Em►1: mspencer@nabcinc.com, spencl 1Cei tns:1 ch3ynorl.edu iac r1."a . -- .... ... Kranization Information Neale: Orange County Center for Contemporary Arts TaaFaernp7 S o—ac h Yo e) d vo r arim R YWs m odetiae�¢.mrta a�aaz9rm m {{,a0or aodan SOt(Cx2)d0w l7arn�i Ream Code? SeleA o,w: i - - �_---❑ -- - ✓ Yesdo IdNOyov OYdipRaL%fiia coat td GMmwW CD= tryaurmgf e= Ile pw=ft4-L 3!87 rrm. WAY rare770r raCttted ctvyrarni e:) Cub ar CM SVewf rey enddrlEN nia•-nycx a: Jsi-35358=1 Kvvw'ea ced7 maY daaYna mrrr F.a oosrdreow7aw G/fernef iTaa 01: a. icyservic"croall i0 oats mcvd": Armml Rolf weled: I Feb 25. 2018 IaayvdCouncaManacr. IF' rry r - - -- a t°� "fl1OVni s1,000 elaee: (PdarCh3,2018 �3Tw 12:00pm-2:00pm - E, w l ocabm: 117 North Sycamore, Santa Ana CA 92701 ., aCyr.^.."2a .BOCA de O:o: OC At- and LderaFJ:e Festrvst. TO pay for Honorarium of Past Laweate Ltus oescrvaon or Rodngxz who w111 to operung Lne 2018 Festr: at in Santa Ana on March 3, 2018 Evert 1 Pupoee: .. .. _. _.._-_-rt�Y'(yi•:_nrMYa: Y: Pd �1amN;v f.7srm rra+ ya 'CK:a•p Ms -"A Wr en " -V t:rhe Comwunay eorwatto WC )T~.011_ AsraVs I Xr 3 La Vba Lr G312 E)9,1 m 1 A. Wlrm Te Ca^ Sr xOQ Lar+ry amyg :Cc: i w a » r ce::,-.i and rnec.L'v rx ru-.r an] su Lrrq ±,a n o� cry sa xt yan Cn :tr syr� yr APak" 'il2adcfec� e S,tee�sr�z - - - 10810: - - Feb. 10 2018 Mall Cly YaneOefa OfEp - MJ1 . Ern": do+wfbnrap,wugsardn•eru er0 20 CMC Cav,hr Pun Fat: (714) M-WS4 P.O. Not 198a Banta Ary CA 02702 El, -ml!, er<c vrs140 YES Gry,A,r ,S,mtu-r Coss.ca v.-r:np Dow May 1, 2018 $1,000 Owe EXHIBIT 2 29A-10 Ra..aad 0105'2017