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Home My WebLink About29B - DONATION - RELAY FOR LIFEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 20, 2016 TITLE: DONATION AGREEMENT WITH AMERICAN CANCER SOCIETY, INC. TO SUPPORT A RELAY FOR LIFE EVENT (STRATEGIC PLAN NO. 5, 4) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ 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 American Cancer Society, Inc. for a one-time donation amount of $1,000, subject to non -substantive 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 Tinajero recommends appropriating $1,000 to American Cancer Society, Inc. to support a Relay for Life event that will be held on Saturday, April 22, 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). 2913-1 Donation Agreement with American Cancer Society, Inc. December 20, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Special Event Sponsorship Policy are available in the Fiscal Year 2016-17 General Non -Departmental account (01105015-62300). The $1,000 will be spent from Councilmember Tinajero'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 29B-2 1Ih, City of Santa Ana Donation Request Danny Garza 1522 W Washington Ave State, zip: ISanta Ana, CA 92706 Name: ..--�- adxgarza@yahoo.com City Manager's Office — M-91 20 Civic Center Plaza P.O. Box 1988 Santa Ana, QA 92702 (714) 847.5200 The American Cancer Society 1940 E Deere Ave, #100, Santa Ana, CA 92705 Status: Is your organization a non-profit or public tax-exempt organization as (Select One: l❑ Section 501(o)(3) of the Internal Revenue Code? Yes No If No, you will only qualify for a credit for City -related costs for your request I'Le, permit fees, If Yes, ;tall time, rental rates forfacllities or equipment, etc.).Costs for City services vary and If approved, credit may or may not cover full cost of requested City services. ITax ID 9: rices Credit Requested: ayment Amount Location: B City, State, Zip Description of Event/Purpose: Community Benefit: Needed: 1000,00IlEventDate; it 04-22-2017 ;Event Time: Santa Ana College 1630 W 17th Street Santa Ana, CA 92706 13-1788491 12:00 pm The American Cancer Society Relay for Life event is a life -changing experience that gives everyone a moment to Celebrate the lives of people who have battled cancer, remembered loved ones lost, and "Fight Back" against the disease. Funds raised go to research, transportation to and from treatment, Hope Lodge facilities to provide a comfortable place for patients and their caregivers to stay so ttlrery can stay ffle.free or at a reduced rate se they can focus on getting well. Cancer has touched so m2ny peopfe In our community and the Relay for Life event Is so Inspiring, uplifting, and is a great way :c help fight d this disease.'fhe A!dericen Can r Society, proilides information, programa, and services that are available to patients and caregivers, This is also a groat oppdto let ,our brave fighters and caregivers know that they are not alone, they can get educational resources to help them on theirjournk tjiey can also meet otporfighters and caregivers. t,G ' '' `�'f - �gu tr �' s r",�'v n-,7�zn`�t i I `ti'd', �"n 's' vf'Q2m Or NOR`t�' ,+ , ,E ,�[I{fiiitiY� > s e k „. d { t r .,. , s,tfir F a,,,,d k Mail: City Manager's Office—M-31 20 Civic Center Plaza P.Q. Box 1988 Santa Ana, CA 92702 Email: donationrequest@santa-ana.org Fax: (714) 647-6954 Revised 11/1612015 r•- CITY OF SANTA ANA DONATION AGREEMENT WITH AMERICAN CANCER SOCIETY, INC. 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on DECEMBER 20, 2016 by and between the City of Santa Ana, a municipal corporation ("City") and AMERICAN CANCER SOCIETY, 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 funding to assist Recipient in HOSTING A RELAY FOR LIFE 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 SAL TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will PROVIDE A HEALTH AND WELLNESS OPPORTUNITY THAT WILL INCLUDE INFORMATION, PROGRAMS, AND SERVICES FOR CANCER PATIENTS, CAREGIVERS, AND THEIR FAMILIES. 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. TERmL S 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 an event that will be held on Saturday, April 22, 2017, because the City has determined that there is a public purpose to be served in supporting the Community Benefit. In execrating this Agreement and receiving the Rinds, Recipient. agrees to use the hinds only for the purpose described and subject to the teens and conditions provided for in this Agreement. Should Recipient fail to use the finds for such purpose or otherwise comply fully with the terns 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 Tenn; Termination of Agreement. This Agreement shall take effect on the date first above written and remain in effect through Recipient's fiill 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 Rinds 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 r•- CITY OT 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 traruna 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 willfid 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. EXHIBIT 2 r•- CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL 0 Robert C. Cortez Deputy 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: 7g, -F J6fin M. Funk Assistant City Attorney AMERICAN CANCER SOCIETY, INC. a 501(c)3 NON-PROFIT ORGANIZATION m EXHIBIT 2 29B-7 Signature Name Title