HomeMy WebLinkAbout25I - AGMT - DONATION WILLARD CLEANUPREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 7, 2016
TITLE:
DONATION AGREEMENT WITH
CHARITABLE VENTURES OF ORANGE
COUNTY INC. TO SUPPORT WILLARD
NEIGHBORHOOD'S COMMUNITY
CLEANUP EVENT
(STRATEGIC PLAN NO. 5,4)
CITY MANAGEJC
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2ntl 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 Charitable
Ventures of Orange County Inc. for a one -time donation amount of $1,500, 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 Reyna recommends appropriating $1,500 to Charitable Venture of Orange
County Inc. to support Willard Neighborhood's community cleanup event that was held on
Saturday, June 4, 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).
251 -1
Donation Agreement with Charitable Ventures of Orange County Inc.
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 $1,500 will be spent from
Councilmember 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
251 -2
C) City Manager's Office - M -31
City of Santa Ana 20 Civic Center Plaza
I.
Donation Request P.O. Box 1988
;l�„P Santa Ana, CA 92702
(714) 647.5200
Name: Marta Rodriguez
!Address: 1510 North Parton Street
__ ------- ----- -- ----- ..... --------
City, state zip, Santa Ana, CA 92707
_,._ .....
- .--- _...__
!Email: manta @saintpeterlutheran.net
!Title:
Office Administrator
Phone. 1714-542-6781
--- _.... _ _ . __..... -.... ......_ - .
Fax
Name: Willard Neighborhood - account with Charitable Ventures of OC (501 c(3) - CVOC
Tax - Exempt Status: Is your organlzatlon prof
anon - it or public tax - exempt arganizatlon as '
;defined under Section 501(c)(3) of the Internal Revenue Code? tact One: Yes ❑ No
If No, you will only qualify for a credit for City- related costs for your request (i.e, permit fees,
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if r
approved, credit may or may not cover full cost of requested City services. Tax ID #: IC.VOC-20- 8756660
Amount nested: r
!City Services Credit
! q $ !Date Needed; j 05/30/2016 (Mayor /COUneilmembar: Rayne
Direct Payment Amount - _....._.�, 1 8;00 am - 12.00 pm $1500 Event Date: 06/04/2016 Event rime:
,Requested: 1
!Event Location: 11510 North Parton Street, Santa Ana, CA 92706
Address, City, Stale, Zip
Description of Event lPurpose: ........
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Mey 131111111m YOUy f.ttd lnou,llonopal P,um11m11X a1.5lOX -Pp111 SlloM, Santa Pna, Cp9RRM.
'The community benefit is to promote a titter -free neighborhood and community
]Community Benefit:
!pride.
i
;Applicant Signature: ;,tin 1.- (f,
5/2�),' 1i,
Mail: City Manager's Office -M -31 —_ IEmail: donationrequost@santa-ana.org —
20 Civic Center Plaza Fax: (714) 647-6954
P.O. Box 1988
i
Santa Ana, CA 92702
Revised 11/16/2015
251 -4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH CHARITABLE VENTURES OF ORANGE COUNTY INC.
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 CHARITABLE VENTURES OF
ORANGE COUNTY INC., 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 fimding to assist
Recipient in SUPPORTING WILLARD NEIGHBORHOOD'S COMMUNITY CLEAN -UP
EVENT ( "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
REYNA, believes there is a public purpose in supporting the Community Benefit because it will
PROMOTE COMMUNITY OWNERSHIP AND PRIDE. 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 FIVE HUNDRED DOLLARS ($1,500) for a program that occurred on
Saturday, June 4, 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 terns and conditions
provided for in this Agreement. Should Recipient fail to use the fiords 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 Rinds. 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 (t 0 %)
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
Feli 61 -0
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 attorney 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.
2
PUFM
RECOMMENDED FOR APPROVAL
in
Robert Cortez
Special Assistant to the City Manager
City Manager's Office
9
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest:
m
Maria D. Huizar
Clerk of the Council
Approved as to Dorm:
By:
Lisa Storck
Assistant City Attorney
CHARITABLE VENTURES 01 ,A - ;s;
COUNTY INC.
a 501(c)3 NON - PROFIT ORGANIZATION
By:
Signature
Name
Title
251 -8