HomeMy WebLinkAbout25C - AGMT - DONATION AMERICAN CANCERREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2016
TITLE:
DONATION AGREEMENT WITH THE
AMERICAN CANCER SOCIETY TO
SUPPORT RELAY FOR LIFE
(STRATEGIC PLAN NO. 5,4)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ 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 American
Cancer Society 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.
Councilmember Tinajero recommends the appropriation of $500 to the American Cancer Society
to support their Relay for Life event that was held at Santa Ana College on April 23, 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).
25C-1
Donation Agreement with the American Cancer Society
May 3, 2016
Page 2
FISCAL IMPACT
Funds to support the City Council Sponsorship Policy are available in the fiscal year 2016-16
General Non -Departmental account (01105015-62300). The $500 will be spent from
Councilmember Sal Tinajero's appropriated amount for FY 2015-2016.
APPROVED AS TO FUNDS AND ACCOUNTS:
�CICC�L` 1�1f .
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
25C-2
({+' City Manager's Office— M-31
:> City of Santa Ana 20 CIVIC Center Plaza
Donation Request P.O. Box 1988
1+,,, Santa Ana, CA 92702
__ (714) 647.5200
INama:
(Address: -
Icily, State, Zip:
Danny Garza
3101 W Cubbon St
Santa Ana, CA 92704
adxgarza@yahoo.com
ttla:
Phone: 1714-206-9084
Fax:
Nama: The American Cancer Society
lax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as elect One:
defined under Section 501(c)(3) of the Internal Revenue Code?
If No, you will only qualify for a credit for City-rclatod costs for your request (i.e. permit fees, Yes, �rq
staff time, rental rates for facilities or equipment, eta). Costs for City services vary and If If
approved, credit may or may not cover full cost of requested City services. ax ID #,
1-7 Yes L1 No
13-1788491
City Services Credit
mount Requested:
Date Needed:
Mayor/Councilmember:
Tinajero
(Direct Payment Amount
Requested:
3rJ®O.00
�EventDa4e
�04-23-2016
--�---r--`------
Event Time:
------ .......
E12OO pY71
Event Location:
a. [a Ana College
Adarass. City, Stato, Zlp
1539 W 17th Street
Santa Ana, CA 92706
The American Cancer Society Relay for Life event is a life changing experience that gives everyone to Celebrate the lives of
Description of
people who have battled cancer, romog&wed loved ones lost, and "Fight Back" against the disease. Funds raised go to
Event / Purpose;
research, transportation to and rt9in'i"Ireatryll
their to
ape Lodge facilities to provide a free & comfortable place for patients and
caregivers stay eJrytl'�iysaEn stay focused1an
getting well.
Cancer has touched so gtiy sa/dplc in our cmm�lunf and the Relay for Life event is so inspiring, uplifting, and is a great way to help flight
Benefit: this disease. The Aisle can inner Society pmvldo � hotmallon, programs, and services that are available to patients and caregivers. This
Is also a great opper pity a to our brave fighters nd caregivers know that they are not alone, they can get educational resources to help
them on their Ignnln, , l� y can n1oct other fig Itt9a, and caregivers.
(Applicant Signature: �. (Date: 104-18-2016
Return completed fotrm via:
Email: donationrequest@santa-ana.org
Mail: City Manager's Office—M•31 (
20 Civic Center Plaza Fax: (714) 647-6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request
Eligibility Met:
City Manager Signature:
1♦7;t
Council Meeting Date:
YES I NO Approved Amount;
Date:
Revised 11/16/2015
25C-4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH THE AMERICAN CANCER SOCIETY
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 the AMERICAN CANCER
SOCIETY, 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 RELAY FOR LIFE EVENT AT SANTA ANA COLLEGE
("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 SAL
TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will
HELP SUPPORT THOSE IMPACTED BY CANCER, INCLUDING PATIENTS AND
CAREGIVERS. 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 ($500) for an ongoing program, 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
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CITY OF SANTA ANA
DONATION AGREEMENT
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, ackriowledges 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.
M11
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 3
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest.
By:
Maria D. Huizar
Clerk of Council
Approved as to Form:
By U,
o n M. Funk
Assistant City Attorney
AMERICAN CANCER SOCIETY
a 501(c)3 NON-PROFIT ORGANIZATION
0
Signature
Name
Title
2
T?
25C-8