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HomeMy WebLinkAbout25G - AGMT - DONATION SA ATHLETIC FOUNDATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE; DONATION AGREEMENT WITH SANTA ANA ATHLETIC FOUNDATION TO SUPPORT A COLLEGIATE WRESTLING PROGRAM (STRATEGIC PLAN NO. 5,4) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: cTPJ* :• OJ ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO AWAZ l�l� AFT] 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Santa Ana Athletic Foundation for a one -time donation amount of $2,000, 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 Martinez recommend s support an ongoing collegiate wrestlin g Upon approval of this item, a donation STRATEGIC PLAN ALIGNMENT appropriating $2,000 to Santa Ana Athletic Foundation to program, in response to their donation request (Exhibit 1). agreement (Exhibit 2) will be executed. 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). 25G -1 Donation Agreement with Santa Ana Athletic Foundation June 7, 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 $2,000 will be spent from Councilmember Martinez's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25G -2 City of Santa Ana Donation Request INanne: I Scott Glabb i �d diress: 17--3- 7 P- 1 t'C a 1 r-n ... Dr State, Zip: I Uosta Mesa, CA glabb@prodigy,net Name: (Santa Ana Athletic Foundation City Managers Office — M•31 20 Civic Center Plaza P, 0. Box 1988 Santa Ana, CA 92702 (714) 647-6200 tie: Teacher/coach ; - --- . ... ....... 1Phone: Fax: 714-609-6607 714-567-4997 Tax •E xe mpt Status: Is your organization I . a I- non -profit - or .. public . 11 1 1 11 tax - exempt . 11 .1 I I criganizatio - n - a - a defined under Section 501(c)(3) of the Internal Revenue Code? (Select One: Yes No i If No, YOU will only qualify fare credit for City - related costs for your request (i.e. permit fees, F (.staff time, rental rates for facilities or equipment, etc.). Costs for City services very and if approved, credit may or may not cover full cost OF requested City services. Tax ID 91-21 6366502 !City Services Credit I$ IDI Needed )Amount Requested; I MayourfCounclimember: Martinez Direct Payment A m o u n t ls2000 Event Requested; Date: 6/6/2016 Event Time: 8AM-9PM Fri -Tugs Event Location: Santa Ana High School Address, City, State, Zry 1520 W. Walnut St Santa Ana, CA 92701 iDescription of On June I the Santa Ana Athletic Foundation will be hosting a banquet to honor the Santa Ana Wrestling Teams CIF Championship in 2016. Team members, coaches, community leaders and administration I Event I Purpose: will be recognized with awards and acknowledge their contributions to the program. The blauniquetwill begin with a dessert appetizers and be followed by the awards presentation in the historic Starts Ann HIS Auditorium. Funds will be used for buying awards, T-shirts and plaques that will be presented at the banquet Icommunity Benefit, Recognizing our youth, and these who make contributions to continue the success Bud legacy of cur school Programs, help motivate them e I continue the hard work they are doing. It sends the message to those honored h a re a that WO pp cl to your effore and respect for you what you have accomplished. In turn, these people, who were honored, will continue to work hard, pour then efforts into this community, and give back to the Programs that have helped them be successful, Datud - 11 1: 1, , amk%IIIIIIIIIIIIIIIIIIIIIIA, 11111 IIIIIIIVII m a =, 1111111111 '1 11111 1 I III frill 11111 1111 ;;!!!ill:! Whi 111: 11 1! lilill 1111iiIIII'l i -it- Mail: 6 y Manager's Office —M -81 Email: donationrequost@santa-ana.org 20 Civic Center Plaza i Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 ---------- Revised 11/16/2015 W-real 25G -4 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA ATHLETIC FOUNDATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 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 CommunityBenefit, The City wishes to provide Recipient with funding to assist Recipient in SUPPORTING A COLLEGIATE WRESTLING PROGRAM ( "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 MICHELE MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will HELP SUPPORT THE COMMUNITY 'THROUGH EARLY PREVENTION AND INTERVENTION PROGRAMS FOR YOUTH. 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 TWO THOUSAND DOLLARS ($2,000) 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 frmds, 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 frmds pursuant to Section 3.2 below. 3.2 Tenn; 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. 2mit 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 tight 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 mariner 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 ternnination 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. 2 AU-6 RECOMMENDED FOR APPROVAL By: CITY OF SANTA ANA 0 Robert Cortez David Cavazos Special Assistant to the City Manager City Manager City Manager's Office 3 6X10 Attest: By: Maria D. Huizar Clerk of the Council Approved as to Forin: By: Lisa Storck Assistant City Attorney SANTA ANA ATHLETIC FOUNDATION a 501(c)3 NON- PROFIT ORGANIZATION By: Signature Name Title 25G -8