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Home My WebLink About25K - AGMT - DONATION DELHI SUMMER CAMP-:. 0 , •. - CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH THE DELHI CENTER TO SUPPORT A SUMMER ENRICHMENT CAMP (STRATEGIC PLAN NO. 5,4) 7:: _1� CITY MANA ffgEi1 l • 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 Delhi Center for a one -time donation amount of $2,500, 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 appropriating $2,500 to the Delhi Center to support a summer enrichment camp that will begin in June 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). 25K -1 Donation Agreement with the Delhi Center 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 $2,500 will be spent from Mayor Pro Tern Sarmiento's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez .hscr Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25K -2 City of Santa Ana Donation Request Name: Jenny Rios Title: CEO Address: 505 E. Central Ave City Manager's Office— 11141 20 Civic Center Plaza P.O. Box 1986 Santa Ana, CA 92702 (714) 647 -5200 city, state, zip: Santa Ana, CA 92707 Phone: 714- 481 -9601 Email: jennyrios @delhicenter.org Fax: 714- 481 -9698 • .. Im am Name: Delhi Center Tax - Exempt Status: Is your organization a nonprofit or public tax - exempt organization as Select One: defined under Section 501(c)(3) of the Internal Revenue Code? 7 Yes ❑ No If No, you will only qualify fora credit for City - related costs for your request (i.e. permit fees, If Yes, staff time, rental rates for facilities or equipment, etc), Costs for City services vary and if 95262 ®952 approved, credit may or may not cover full cost of requested City services. Tax ID 0: •s a -a City Services Credit $ Date Needed: June 30, 2016 Mayor /Councitmembor. Sarmiento Amount Requested: Direct Payment Amount $ 2 500 Event Date: Requested: 6 -20 to 8 -19 Event Time: M -F 7:30 ann -5:30 pm Event Location: 505 E. Central Ave. Santa Ana, CA 92707 Address, City, State, Zip Summer Enrichment Camp Junior Leader Training', A comprehensive 9,week mortaring and job skills trebling program, where professional insbucim's will train Description of and guide Junior Leaders in are areas of teaching, recreation, visual and pererming arts. fashion and madaling, costume and set design. and media arts. Training will also include Business Etiquette, Life Skills, Guest Speakers, Financial EducatioNeudgeting, horses Techniques, and Career Exploretien. Event / Purpose: participants will learn interviewing and storytelling techniques and will explore the arts, culture, and the use of mixed media to create a film to showcase the rich history of their lives and their community. Junior Leaders (ages 14 -19) will gain job training and experience by assisting professional inatruchera with the implementation of the Community Benefit: Summer Enrichment Camp for children ages &Q. Junior Leaders will be Instrumental in developing a mufti-media production to highlight the accomplishments of program participants that wfll be presented to the control at a variety of events to emphasize the posNive contributions of young people in in Ommunily.` .I Applicant Signature:/' Date: May 11, 2016 Mail: City Manager's Office — M -31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Email: donatlonrequest@santa- ana.org Fax: )714)647 -6954 i)onnton RequeSt R OR- Coum:d Nieclmg Daie- Ehgibrlity Mob `r ES / NO Apprmrod Amount' :J2Y Manager Signature. Date. Revised 11/16/2015 s9 25K -4 CITY OF SANTA ANA DONATION AGREEMENT WITH THE DELHI CENTER 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on JUNE 71 2016 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 HOSTING A SUMMER ENRICHMENT CAMP ( "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 MAYOR PRO TEM VICENTE SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it will ENGAGE YOUTH TO PARTICIPATE IN A. MENTORING AND JOB SKILLS TRAINING PROGRAM. 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, FIVE HUNDRED DOLLARS ($2,500) for a program that will begin on Monday, June 20, 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 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 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. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fiords 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 Exhibit 2 25K -5 CITY OF SANTA ANNA DONATION AGREEMENT Page 2 of 3 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. 35 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 hannless 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 agreernents. 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. 25K -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL By: Robert Cortez Special Assistant to the City Manager City Manager's Office CITY OF SANTA ANA By: David Cavazos City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: By. ��- J6fin M. Punk Assistant City Attorney DELHICENTER a 501(c)3 NON - PROFIT ORGANIZATION By: Signature 25K -7 Name Title 25K -8