HomeMy WebLinkAbout25A - AGMT - DONATION CHARITABLE VENTURESCITY COUNCIL MEETING DATE:
MAY 3, 2016
TITLE:
DONATION AGREEMENT WITH
CHARITABLE VENTURES OF ORANGE
COUNTY (STRATEGIC PLAN NO. 5,4)
4
CITY MANAGE
Ia*0101mIIT, 121k,I
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1st 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 Charitable
Ventures of Orange County 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. 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.
Councilmember Roman Reyna recommends to appropriate $1,000 to Charitable Ventures of
Orange County to support the Santa Anita Neighborhood Association's series of movie nights to
begin on Friday, June 17, 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).
25A-1
Donation Agreement with Charitable Ventures of Orange County
May 3, 2016
Page 2
FISCAL IMPACT
Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015-16
General Non -Departmental account (01105015-62300). The $1,000 will be spent from
Councilmember Roman Reyna's appropriated amount for FY 2015-2016.
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits; 1. Donation Request Form
2. Donation Agreement
25A-2
City of Santa Ana
Donation Request
City Manager's Office - M-31
20 Civic Center Plaza
Y.O. Box 1988
Santa Ana, CA 92702
(714) 647-,5200
,Name: :Felipe Guerrero Inns: Mr.
Address: 204 N.Susan Street
city, state, zip: 'Santa Ana, CA 92703 Phone: (714) 265-2071
;Email: godfnano@aol.com Fax:
_ -- - -
Name: (Santa Anita Neighborhood - account with Charitable Ventures of OC (501(c)(3) - CVOC
Tax•Exompt 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? a Yes ® No
approved, credit may or may notcoveucostofrequestedCityservices, vary If Yes,
If o, you w l on y qua 1 ore credit or City -re ate costs ar your request (i.e. permit fees,
staff time, rental rates for facilities or equipment, etc. ,Costs for Cif services and if
Tax ID tt: CVOC-LO-$756660
!city Services Credit
Amount Requested:
$ Date Needed: ,June 1, 2016 MayodCouncilmember: (Rayne
Direct Payment Amount
$1 000 !Event Date: :June 17, 2016 jEvent Time: 6 pm - 9 pm
(Requested:
,
!Event Location:
,Santa Anita Park - 300 S. Figueroa Street SA,CA 92703
Address, City, State, Zip
i
iSeries of summer of 2016 movie nights for Santa Anita community inclulding borrowing city
of
!movie equipment when possible and / or renting movie equipment- including the Santa Ana
(�Description
Event t Purpose:
showmobile from Parks and Recreation..
The Santa Anita Neighborhood Association has been working with community orgranizations in our area including the
!Community Benefit:
'parent group at Russell Elementary to bring residents together, A series of three summer movie nights are planned to
�provide
a wonderful opportunity forSanta Anita families to come out and get to know each other better. Our initial movie
;night is planned for June 17th with additional movie nights on July 15th and August 12th.
,Applicant Signature:
pate:
e e a• r
a
Mail: City Manager's Office —M-31 �Emall: donationrequest@santa-ana,org I
20 Civic Center Plaza Fax: (714) 647.6954
'.P.O, Box 1988
,
Santa Ana, CA 92702
Donation Racpwst fl DR ,. _
L ,r «., k wr ,. r��ery cr fiPN Counad Meting Data:
FliglbUlcy Mete YES INO Appiovrd ,A,mou`c
ci+ y Mlanage r Sjgnatw'e; [iatN,
Exhibit, I
2 R A - S Revised 11/16/2015
25A-4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH CHARITABLE VENTURES OF ORANGE COUNTY
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on MAY 3, 2016 by and between
the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES 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 A SERIES OF MOVIE NIGHTS ("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 ROMAN
RE'YNA, believes there is a public purpose in supporting the Community Benefit because it will
HELP BUILD COMMUNITY BY BRINGING RESIDENTS TOGETHER. 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 a series of events to begin on Friday, June 17, 2016,
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 terns 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
tenninate 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
EXHIBIT 2
25A-5
CITY Or SANTA ANA
DONATION AGREEMENT — CHARITADLE VENTURES OF ORANGE COUNTY
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 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, tosses, 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 maybe 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 2
25A-6
CITY OF SANTA ANA
DONATION AGREEMENT -- CHARITABLE VENTURES OF ORANGE COUNTY
Page 3 of 3
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest:
LN
Maria D. Huizar
Clerk of Council
Approved as to Form:
By: Q, w- /Vo iGiG k_
Win M. Funk
Assistant City Attorney
CHARITABLE VENTURES OF ORANGE COUNTY
a 501(c)3 NON-PROFIT ORGANIZATION
By:
Signature
Name
Title
EXHIBIT 2
25A-7
25A-8