HomeMy WebLinkAbout25J - AGMT - DONTATION BOXING PROGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 21, 2016
TITLE:
DONATION AGREEMENT WITH SANTA
ANA UNIDOS BOXING CLUB TO SUPPORT
AN AFTER - SCHOOL BOXING PROGRAM
(STRATEGIC PLAN NO. 5,4)
CLERK OF COUNCIL USE ONLY:
UTP0009AWC
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" 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 Santa Ana
Unidos Boxing Club 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.
Mayor Pro Tern Sarmiento recommends appropriating $1,000 to Santa Ana Unidos Boxing Club
to support an ongoing after - school boxing program, 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).
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Donation Agreement with Santa Ana Unidos Boxing Club
June 21, 2016
Page 2
FISCAL IMPACT
Funds to support the City Council Special Event Sponsorship Policy are
year 2015 -16 General Non - Departmental account (01105015- 62300). The
from Mayor Pro Tern Sarmiento'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
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available in the fiscal
$1,000 will be spent
City of Santa ulna
Donation Request
Name: Johnathan Hernandez
Address: '1310 E. Edinger Ave. Suite E.
,City, State, zip: Santa Ana, CA, 92705
santanaunidosboxingc lub@gmail.com
Name: (Santa Ana Unidos Boxing Club
City Manager's Office - M•31
20 Civic Center Plaza
P,O. Box 1988
Santa Ana, CA 92702
(714) 647 -5200
Title: Executive Director
(Phone: 1626-474 -3067
Fax:
Tax- 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? ( ✓ Yes No
Itf No, you will only qualify for a credit for City - related costs for your request (i.e. permit fees, - - -- -
staff tirne, rental rates for facilities or equipment, etc.). Costs for City services vary and if if Yes' X
lapproved, credit may or may not cover full cost of requested City services. ax ID #: 'l 47-5211563
Ctty ervS ices Credit
(Amount Requested: $ Date Needed: (Mayor /Coumdlmembm: Sarmiento
(Direct Payment Amount nnp�nr1 1 - -_- Event Time: - -- - - - - - -
Requested:
$ 1 1000 Vv (Event Date:
(Event Location: 1 1810 E. Edinger Ave. Suite E.
Address city, stare, zn Santa Ana, CA 92705
!Description of Jo raise awareness and to encourage families to participate in our program.
Event i Purpose:
Your contribution helps us keep our doors open and serve more youth.
!Community Benefit:
I
Applicant Signature: , 1�' t, � -'t ' F' uo' t t e V" Date: I6 -10 -16
Mall: City Manager's Office -M31 iEmaiC donationrequost@santa-ana.org
20 Civic Center Plaza 1 Pax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request V7 DR - Council Mooring Unto: _-
Ru'�+renc
V on atl,eht,d OPVn
Eligibility NreT, YES I NO Approved Arnoun4:
City rdianager Signahvc: ! , Pate.
Revised 11/16/2015
F�4FI RIT-d
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CITY OF SANTA ANA
DONATION AGREEMENT
WITH SANTA ANA UNIDOS BOXING CLUB
1. PARTIES AND DATE
This Donation Agreement ( "Agreement ") is entered into on JUNE 21, 2016 by and between
the City of Santa Ana., a municipal corporation ( "City ") and SANTA ANA UNIDOS BOXING
CLUB, 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 AN AFTER - SCHOOL BOXING PROGRAM ( "Community Benefit ").
The Parties wish to enter into this Agreement to establish the terms and conditions under which the
City will provide fa nding.
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 DEVELOP GOOD CITIZEENSHIP IN URBAN YOUTH THROUGH A DEMANDING
BOXING PROGRAM, AS WELL AS PROVIDE STRONG ACADEMIC SUPPORT AND A
CONNECTION TO THE COMMUNITY THROUGH VOLUNTEER SERVICE
OPPORTUNITIES. 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 past event that was held on Thursday, June 9, 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 fiends far 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 fiends 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 fiends. 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.
Exhibit I
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CITY OF SANTA ANA,
DONATION AGREEMENT
Page 2 of 3
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 right shall be on -going and may be implemented by the
City at any time, and all insurance and waiver /release fonns shall be provided on forms, in amounts
and with provisions acceptable to City.
3.4 No Oversight by 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 assiune 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 clairns, 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.
FA
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CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 3
RECOMMENDED FOR APPROVAL
Robert C. 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:
SAM M. Funk
Assistant City Attorney
SANTA ANA UNIDOS BOXING CLUB
a 501(c)3 NON- PROFIT ORGANIZATION
By:
Signature
Name
Title
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