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Home My WebLink About29B - DONATION - WINDSOR VILLAGE -TINAJEROMe- L@JfJ1J0L"Jffi CITY COUNCIL MEETING DATE: MAY 2, 2017 TITLE: DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. TO SUPPORT THE WINDSOR VILLAGE NEIGHBORHOOD ASSOCIATION (STRATEGIC PLAN NO. 5,4) e CITY MAtJAGEF CLERK OF COUNCIL USE ONLY: I_1%i� Z141 ❑ 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 Charitable Ventures of Orange County Inc. for a one -time donation amount of $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. 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 $500 to Charitable Ventures of Orange County Inc. to support a fire alarm installation event that will be held on Saturday, May 13, 2017, in response to a donation request submitted by the Windsor Village Neighborhood Association (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. 29B -1 Donation Agreement with Charitable Ventures of Orange County Inc. May 2, 2017 Page 2 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). 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 $500 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 n f, City of � Santa Name: (Chris Schmidt ;Address: 11117 S. Arapaho Dr. State, zip: Santa Ana, CA. 92704 Email: chris714oc @gmail.com Narrw Charitable Ventures of orange County Inc. is your organization a non -profit or pun io tax- exempt organization as 501(c)(3) of the Internal Revenue Code? If No, you will only qualify for a credit for City- related casts for yourmquest (i.e, permit fees, iteff time, rental rates for facilities or equipment, etc,), Costs for City services vary and if approved, credit may or may not cover full cost of requested City services. City Manager's Office —W-31 20 Civic Center Plaza P.o, Box 1888 Santa Ana, CA 82702 (714) 647-5200 President 'iPhone; _ -'714- 724 -5466 iFax: Select One: { Yes ® No it lax o #, 120- 8756660 City Services redit t i {(tmaunt Requested: quested: rp ;Dam Needed: ! ;MayortCOUncllmemUmr, 'DiirreecttPaayymentAmount 500.00 Eventuate: 'May 13, 2017 Event Time: — lEvent Location: Windsor Village neighborhood and Jackson Elementary School 'Address, cry srara, zp 1 1143 S Nakoma Dr, Santa Ana, CA 92704 Of Benefit: Signature: Tinajero Orange County Fire Authority will be holding a free fire alarm installation event to install fire alarms in the 500+ house in our neighborhood. OCFA partners with Red Cross and other groups who volunteer to participate in the event. We are requesting a donation to provide food to the volunteers. Almost two - thirds of all home fire deaths occur in homes with no working smoke alarm. By providing and installing free fire alarms, we will help reduce the amount of deaths in homes. Mail: City Manager's Office —W31 20 Civic Center Plaza P.O, Box 1988 Santa Ana, CA 92702 March 31, 2017 X, I i�� ,.: y u.. s t.... Email: donationrequest@santa na.org Fax: (714)647 -6984 Donation Request o: - OR, . council Mee4ng Date: Ellgibliity Met: YES 1 NO Approved Amount: City Manager Signature: -. bate: EXHIBIT 1 Revised 01/0512017 r•- r•- CITY OF SAN'T'A ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY INC. 1. PARTIES AND DATE This Donation Agreement ( "Agreement") is entered into on MAY 2, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and CHARITABLE VENTURES OF ORANGE COUNTY 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 FREE SMOIOJ+ ALARM INSTALLATION 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 TINAJERO, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE SAFETY THROUGH FIRE PREVENTION. 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 FIVE HUNDRED DOLLARS ($500) for an event that will be held on Saturday, May 13, 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 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 fiords 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 fluids will be used for a purpose which may cat-m a significant risk of EXHIBIT 2 r•- CITY OF, SANTA ANA DONATION AGREEMENT Page 2 of 3 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, darnages or injuries caused by the sole negligence, sole willfitl 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 volumteers, 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 writtewagreement signed by both Parties. 3.7 Authority to Enter AgreemenC. 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•- RECOMMENDED FOR APPROVAL CITY OF SANTA ANA LE Robert C. Cortez Deputy City Manager City Manager's Office 0 City Manager Attest: By: Maria. D. Huizar Clerk of the Council Approved as to Form: By: J64n M. Funk Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY INC. a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 29B -7 r•-