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Home My WebLink About25E - AGMT - DELHI DONATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 15, 2015 TITLE: CITY COUNCIL DONATION AGREEMENT WITH THE DELHI CENTER (STRATEGIC PLAN NO. 5,4) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: IG1:1:11C160:19 ❑ 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 $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. Mayor Pro Tern Sarmiento recommends to appropriate $500 to the Delhi Center 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). 25E -1 Council Council Donation Agreement with the Delhi Center September 15, 2015 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16 Community Development Agency General Fund Neighborhood Initiatives account (01118820- 63001). The $500 will be spent from Mayor Pro Tem's appropriated amount for FY 2015 -2016. Kelly Ree, ders Executive Director Community Development Agency Exhibits: 1. Donation Request Form 2. Donation Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 25E -2 City Mangoes Office - M-31 City of Santa Ana 20 Civic center Plaza Donation Request PO, Box lose Santa Ana, CA 92702 0 (714) 647-6200 [Alicia Rodriguez $06 F. Central Ave cny, state, zip: 1-ftnts Ana, CA Fallcia(Mclelhicentar.org Engagement Name: I Delhi Carter our organization a non-pmflt or public tax-exempt organization as S91act One. defined under Section 601(o)(3) of the Internal Revenue Code? Yes No If No, you will only qualify for a credit for City-related costs for your request (le. permit fees, it Yse, -- ° -____ staff time, rental rates for faalliffas or equIpmont, etc.). Coate for City setwees; vary and If approved, credit may or may not cover full cost of requested City services. Ax 96-2620952 !Donation Request Requested: Sarmlento City services lim—olt 0 �ate Needed., [n/a lAmount Is- nt Date: 12-3pm Requested; Time: at Am a �Dhssit me nt I lisWisS50( Evel 9/20/15 a Addras, CV, State, Z- -'--FDeIhI center, 606 E. Central Ave. Santa Ana, CA 92707 vent Locatiorr Description of Purpose: To Inspire, build, and sustain the neighborhood relatlonships that provide the foundation Event I Purpose: for civic action and the building of stronger, more caring and effective community, There will be activities for children, free food, SAPD Officers, community organizations, and music. 1 . To Improve the relationships among and between Delhi neighbors, 2. To Improve the relationships between Delhi Community as nofiv residents and local resources. 3. To Improve the perception of community safety in the Delhi Neighborhood, 4. To Incraus visibility of safety resources within the Dalhl community. 6, To continue to support the City of Santa Ana's crime proventloi strategy through the Deihl Neighborhood Watch. r AW. I Mail: city Manalloyk, Office -M•31 20 Civic Center Plaza Fax: (714) 047-119041 P.O. Box 1908 Santa Ana, CA 92702 Donation Request 0: j DR - Council Meeting Date: .... Eligibility Met . ..... : YES I NO 1 _._..... prvsd Amount: City Manager signature: Data: Revised 8126(2013 �-W 25E -4 CITY OF SANTA ANA DONATION AGREEMENT Page 1 of 4 CITY OF SANTA ANA DONATION AGREEMENT WITH THE DELHI CENTER 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on SEPTEMBER 15, 2015 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 IMPROVING RELATIONSHIPS, RESOURCES, AND COMMUNITY SAFETY IN THE DELHI NEIGHBORHOOD ( "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 believes there is a public purpose in supporting the Community Benefit because it will PROVIDE THE FOUNDATION FOR CIVIC ACTION AND FOR BUILDING 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 FIVE HUNDRED DOLLARS ($500) for an event to be held on Sunday, September 20, 2015, 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 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 unless and until terminated by the City. 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, 181ffTd CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 4 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 it 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. CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 4 CITY OF SANTA ANA By: City Manager Attest: By: Clerk of the Council Approved as to Form: City Attorney EXHIBIT 2 25E -7 CITY OF SANTA ANA DONATION AGREEMENT Page 4 of 4 THE DELHI CENTER a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title K �;Vampa