The URL can be used to link to this page

Home My WebLink About29C - DONATION TEMPLO CALVARIOREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2017 TITLE: DONATION AGREEMENT WITH TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION FOR THE LOVE SANTA ANA INITIATIVE (STRATEGIC PLAN NO. 5,4) i Cl RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council Calvario Community Development Corporation for the donation amount of $2,000, subject to nonsubstantive and the City Attorney. DISCUSSION CLERK OF COUNCIL USE ONLY: -r• ll ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER to execute an agreement with Templo Love Santa Ana Initiative for a one -time changes approved by the City Manager 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 $2,000 to Templo Calvario Community Development Corporation to support the Love Santa Ana Initiative that will bring community groups together for a neighborhood beautification day, 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 Templo Calvario Community Development Corporation April 18, 2017 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 $2,000 will be spent from Councilmember Tinajero appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: C (\,m to Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29C -2 0 City of Santa Ana Donation Request City Mangers Office - M-21 20 Civic Canter Pine P.O. Box 1988 Santa Ana, CA 92702 (714) 947.8200 1Address: 12501 W. 5th St. iCit�y, �taca ta, zip: Santa Ana, CA 92703 -- Pn ®ne: (714)543- 3711 Zeman: N�e @tCCdC.or9 Fax: 1(714) 543-2399 1Name: 1Templo Calvario Community Development Corporation - Love Santa Ana Program Tax - Exempt Status: Is your arganlza8on a non -pr"Is r pblic tax - exempt arganlzatfon as elect pne: j� nod under Section 50t(c)(8) of the intemai Revenue Codo9 �i I �® Yaa ® No If No, you will only qualify for a credit for City - misted casts tot your request (i.e. permit fees, ' stafftime, rental rates for facilities or equipment, etc.). Costs for City services vary and if If Yea, approved, credit may or may not cover full cost of requested City services. ax ID M [77"0601589 l3onation Request City Sarvlcea Credit mount Requested: r Y �� Ie Date Needed: ASAP a aricanM�_ n nmember Tinajero Direct Paymank Amoun4 Requestad: 2,000 vent Data: 4/8!2017 evamrlme: 17:30am-1 :00pm Event Location: Address, City, State, lip Casa Bonita & Bella Vista Neighborhood -T hs a r .Santa Ana Initiates a�alv�rjaC 1Jy® fo, .krs _ escriptlan of on mobilizing churches, community groups and the business community to work vent/ Purpose: [ED together to bring beauty, hope and transformation to some of the most _ Challenged areas of our city. On April 8th, hundreds of volunteers will gather at jthe Bella Vista &Casa Bonita neighborhood to do various beautiticatlon projects: -- _._ __ ... _.-� Comrnuulty Benefit: Nel d an up, murals, working on ,lerome Community Garden, I _ R SOU_PCe I n UCh more _ .._.._...� .._. _ - ��._�.- .- _..,.._..�..�_ Applicant Signature: Y. �, 3/30/2017 Man: Ciry Manager's office -M -81 email: dmmflekionfaquPBt@santa- ana.org 20 Civic Center Plaza Fax: (714) 647.5854 P.O. Box 1985 Santa Ana, CA 92702 Donation Request 1P: Eligibility Met —� City Manager Signature: iE YES INO YES Council Meeting Date: Approved Amount: Date: Exhibit 1 29C -3 04/18/2017 $2,000 Revised 01105/2017 29C -4 CITY OF SANTA ANA DONATION AGREEMENT WITH TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on APRIL 18, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION, 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 SUPPORT OF THE LOVE SANTA ANA INITIATIVE THAT WILL BRING COMMUNITY GROUPS TOGETHER FOR A NEIGHBORHOOD BEAUTIFICATION DAY ( "Community Benefit "), The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide finding. 22 Public Purpose. The City, by recommendation of COUNCILMEMBER TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE COMMUNITY HEALTH, LIVABILITY, ENGAGEMENT, POSITIVE LIFE SKILLS. 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 DOLLARS ($2,000.00) for the Love Santa Ana Initiative to beautify a neighborhood 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 finds, Recipient agrees to use the finds 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 assn ne 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 mamier 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. 33 Authorit to o 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 DOHA,r[ON AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL LKA Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA Gerardo Mouet Acting City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: By: 16hn M. Funk Assistant City Attorney TEMPLO CALVARIO COMMUNITY DEVELOPMENT CORPORATION a 501(c)3 NON - PROFIT ORGANIZATION 29C -7 Signature Name: Lee de Leon Title: President /CEO 29C -8