HomeMy WebLinkAbout29C - DONATION - OC CHILD ABUSE PREVENTION! fit !'
CITY COUNCIL MEETING DATE:
DECEMBER 6, 2016
TITLE:
DONATION AGREEMENT WITH THE
ORANGE COUNTY CHILD ABUSE
PREVENTION CENTER TO SUPPORT
THE "FAMILIES HELPING FAMILIES
CAMP HEART" EVENT {STRATEGIC
PLAN NO. 5,4)
CITY MAMA -R
L43A4-0lk*►101illl!I431�I�<
guff0yFiril
❑ As Recommended
❑ As Amended
❑ Ordinance on 18` 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 the Orange
County Child Abuse Prevention Center for a one-time donation amount of $750, 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. The resolution and
policy outline 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. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal
Revenue Code are eligible for in-kind funding for City Services.
Councilmember Amezcua recommends appropriating $750 to the Orange County Child Abuse
Prevention Center to support the "Families Helping Families Camp heART" event that will be held
on Friday, March 17, 2017, 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).
29C-1
Donation Agreement with the Orange County Child Abuse Prevention Center
December 6, 2016
Page 2
FISCAL IMPACT
Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016-17
General Non -Departmental account (01105015-62300). The $750 will be spent from
Councilwoman Amezcua's appropriated amount for FY 2016-17.
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
29C-2
Amezcua
0BoxCity Manager's Office — M-31
City of Santa Ana 20 Civic Center Plaza
P.Donation Request Santa Ana, CA 92702
1988
(714) 647.5200
Name:
Lea Roma
Address:
2390 E. Orangewood Avenue, Suite 300
City, State, zip:
Anaheim, CA 92806
Email: 'LRomo@BrightFutures4Kids.org
Name: Orange County Child Abuse Prevention Center
Director of Development
Phone: 714-955-6530
'.Fax: 714-543.4398
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as ;Select One:
Wined under Section 501(c)(3) of the Internal Revenue Code?
If No, you will only quality fora credit for City -related costs for your request (i.e. permit fees, :If Yes,
`
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if
approved, credit may or may not cover full cast of requested City services. Tax ID #:
City Services Credit 'i$ !Date Needed: ; iMayor/Councilmember:
Amount Requested:
Direct Payment Amounts
Requested: $750 .Event Date:'13/18/17 IEvent Time:
Event Location: iSanta Ana Zoo - 1801 E. Chestnut Avenue, Santa Ana, CA 92701
Address, City, State, Zip I
Q Yes ❑ No
33-0013237
Amezcua
11 am to 4pm
Families Helping Families Camp heART event is to help provide a fun, safe and healthy
peon of I environment for art as a way of communicating that goes beyond words. It allows for emotional
I Purpose: communication and expression for approximately 135 children and their parents.
Community Benefit:
,Applicant Signature: ,^I
an who participate in the arts have increased self-esteem and resiliency, as well as
er connections to others. You can help us make a difference in the children and families we
to have the itemstskills they need to do well with their expression and connections.
Return completed form via: xx
Mail: City Manager's Office—M-31 I Email: donationrequest@santaana.org
20 Civic Center Plaza Fax: (714) 6476954
P.O. Box 1988
Santa Ana, CA 92702
Donation Request # OR - Council Meeting Date:
Eligibility Met: YES I NO Approved Amount:
City Manager Signature: Date:
EXHIBIT 1
Revised 1 V1612015
29C-3
29C-4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH THE ORANGE COUNTY CHILD ABUSE PREVENTION CENTER
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on DECEMBER 6, 2016 by and
between the City of Santa Ana, a municipal corporation ("City") and the ORANGE COUNTY
CHILD ABUSE PREVENTION 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 AN ART AND COMMUNICATIONS 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 COUNCILWOMAN
ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit
because it will ENGAGE YOUTH TO PARTICIPATE IN AN ART AND
COMMUNICATIONS EVENT THAT TEACHES SELF-ESTEEM AND RESILIENCY. 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. TERNIS AND CONDITIONS
3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of
SEVEN HUNDRED FIFTY DOLLARS ($750) for an event that will be held on Friday, March 17,
2017, 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 fiends 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.
Exhibit 2
29C-5
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 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 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 Iegal
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.
29C-6
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 3
RECOMMENDED FOR APPROVAL
92
Robert C. Cortez
Deputy City Manager
City Manager's Office
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
By: U0=
J#hn M. Funk
Assistant City Attorney
ORANGE COUNTY CHILD ABUSE
PREVENTION CENTER
a 501(c)3 NON-PROFIT ORGANIZATION
By:
Signature
Name
Title
29C-7
29C-8