HomeMy WebLinkAbout29A - DONATION AGMTSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 15, 2017
TITLE:
DONATION AGREEMENT WITH VARIOUS
ORGANIZATIONS TO SUPPORT
COMMUNITY EVENTS AND PROGRAMS
(STRATEGIC PLAN NO. 5,4)
CLERK OF COUNCIL USE ONLY:
, * A
❑ As Recommended
❑ As Amended
❑ Ordinance on 15' 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 agreements with various
organizations in support of their community events and programs, subject to nonsubstantive
changes approved by the City Manager and the City Attorney, as follows:
1. Second Chance Orange County to support their annual event to support on-going program
activities that offer Santa Ana residents with workforce training, in the amount of $500
(Councilmember Solorio);
2. Santa Ana College Foundation to provide college scholarship funds for graduating high
school seniors that live within Santa Anita neighborhood, in the amount of $500
(Councilmember Villegas);
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. 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.
The donation agreements listed above are in response to the Donation Requests (Exhibits 1 & 2)
submitted by various community organizations or neighborhood associations to the specific
Councilmembers, seeking sponsorship for community events and/or programs. The
29A-1
Donation Agreement with Various Organizations to
Support Community Events and Programs
August 15, 2017
Page 2
Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events
through the Special Event Sponsorship funds. Upon approval by City Council, the respective
donation agreements (Exhibit 3 & 4) 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).
FISCAL IMPACT
Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2017-18
General Non -Departmental account (01105015-62300) as appropriate from each of the following
Councilmember's appropriated amounts for Fiscal Year 2017-18:
Councilmember Solorio $ 500
Councilmember Villegas $ 500
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
EXHIBITS: 1-2. Donation Request Forms
3-4. Donation Agreements
29A-2
Wit' City of Santa Ana
Donation Request
%14111644
city Meneger's office -- M-31
20 Civic Center Plaza
P.D. Sox 1900
Sante Ana, CA 82702
1714) 647-6200
e a
Name: Cub Johnson
_..
Title:
CEO
Addross: 2518 San Miguel #2$4
city, Siattt. zip: Newport Beach, CA 92660
Phone:
714-476-8.151
Line" debilI@icloud.coin
',Fax:
Name Second Chance Orange County
Tax-Exaroipt status: m your n-rofit or public tax-exetngt organization as
otgan,rabon a nop
' 9eleCt Ofle.
�
yes I I No
oecrvo umter Section. 501(c)(3) of Ine Interim Revenue Codev
�
rr<Vo. you ,III utygeaLiYto, acred,t for City -misted er>.vts for your ragGesflio permit tees.
If Yes,
staff time. renta"Tter, is, laCtl fres or egmPrtent etc 1 Costs hl Cory services vary ant d
z� ^ ^ w 224 39.�y
cmvea cilvdr 7a, or may not cover full cost of requesied Cty senaces
lax ID #:811224869
;
ser
Cory ices Credit
tunt Requested:
Date Needed; MayortOnuncilmornber. 5010110 - I
Requested:
Direct Requested: $500 3500 Event Date. 9(12117 'Event Timo: r5Pt-Bpm-Bpr�m
Rigtustid: Y Y"
I Event Location; Lincoln Experience Center 199 Newport Center Drive, Newport Beach, CA 92660
caress cosy State. Zip ,
;Annual "More Second Chances" dinner to celebrate, honor, and recognize successful youth &
Description of
Event Purpose: ;adults that have overcome barriers, secured employment, and/or entered higher education.
I
FSecond Chance Orange County will continue to provide on-going services to youth and aduits in the
Community benefit: !following areas: job skills interview skills, coaching job placement, which will benefit the community by
providing financial sta ility.
JAppn:ant$tgnainrd b1 Date: 7131 f17
i Ma1C City Menagerie Ofbca M-31 Email: donatianraquast@santa•ana.erg
20 Civic Center Plaza j Fax: (714) 647.6964
P.O. box 1968 i `
Santa Ana, CA 82702 1 l
donation Request #t
fFo(ararrtei 0 carr our forst,
EUglpilityMgt:
City Manager Signature;
DR-
YES/NO YES
Council Meeting Data:
Approved Amount
I
� trate:
Exhibit 1
29A-3
City of Santa Ana
" Donation Request
City Manager's Office - M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647-5200
Name: ;Santa Ana College Foundation
Tax -Exempt status: Is your organization a non-profit or public tax-exempt organization as Select One:
efined under Section 5Dt (c)(3) of the Internal Revenue Code? F7Yes 71No
If No, you K411 only qualify for a credit for Clty-related costs foryour request (i.e. permit fees,
staff time, rental rates for facilities or equipment, etc.). Casts for City services vary and if ,If Yes' 195-6209198 _6 %� ('� ^
y
approved, credit may or may not cover full cost of requested City services. Tax ID #:
L� 1,J a7
;City Services Credit 'Date Needed: IMayorlCouncllmember. %Alleges
!Amount Requested:
.___--- _.. ... _.._. .._.
'Direct Payment Amount 500 iEt Date: on-going goin g EEvent Time: on-going
!Event Location: ! The funds will support on-going scholarship funds for youth that live in the Santa Anita neighborhood
iAddress, City State, 7Jp
! Description of
Event I Purpose:
Community Benefit:
'Applicant Signature:
The designated funds will be awarded specifically for graduating high school seniors that live
,within the Santa Anita neighborhood, whom typically attend schools outside of SAUSD. This will
1 benefit the community in promoting higher education.
I Santa Ana College Foundation provides college scholarships to Santa Ana College students in order to
help ensure that they have a successful higher education career, promote community sustainability, and
encourage financial stability.
man: �itymanagarsvnme-mwi
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
;Date: 7/31/17
Email: donationrequest@santaana.org
Fax: (714) 647-6664
I
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SECOND CHANCE ORANGE COUNTY
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on AUGUST 15, 2017 by and
between the City of Santa Ana, a municipal corporation ("City") and SECOND CHANCE
ORANGE COUNTY, 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 PROVIDING YOUTH AND ADULTS WITH JOB SKILLS TRAINING,
INTERVIEW SKILS, AND JOB PLACEMENT THAT PROVIDE THE COMMUNITY
WITH FINANCIAL STABILITY ("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 SOLORIO,
believes there is a public purpose in supporting the Community Benefit because it will provide
ASSISTANCE WITH THE ANNUAL "MORE SECOND CHANCES" DINNER EVENT TO
HONOR, RECOGNIZE, AND CELEBRATE THE YOUTH AND ADULTS THAT HAVE
OVERCOME BARRIERS AND SECURED EMPLOYMENT OR HIGHER EDUCATION.
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), 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 fluids, Recipient agrees to use the funds only for the purpose described and subject to
the terns and conditions provided for in this Agreement. Should Recipient fail to use the feuds for
such purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to
tenninate this Agreement and demand the return of the funds pursuant to Section 3.2 below.
3.2 Penn; Term nation of Agrreern This Agymnent 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 finds
provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%)
per anmun. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall
survive any expiration or ternination of this Agreement,
Exhibit 3
29A-5
CITY OF SANTA ANA
DONATTON AGREEmFNT
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 rnay 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 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
thein 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 perforin this Agreement. Each Party warrants that the
individuals who have signed this Agreement have the legal power, right and authority to mance this
Agreement bind each respective Party,
Exhibit 3
29A-6
CITY OF SANTA ANA
DONATION AGRFFmFNT
Page 3 of 3
RECOMMENDED FOR APPROVAL CITY OF SANTA ANA
By:
Robert C. Cortez By:
Deputy City Manager Cynthia I{urtz
City Manager's Office Interim City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
By: w, 4nv.
( hn M. Funk
Assistant City Attorney
SECOND CHANCE ORANGE COUNTY,
a 501(c)3 NON-PROFIT ORGANIZATION
By:
Signature
Name
Title
Exhibit 3
29A-7
CITY OF SANTA ANA
DONATION AGREEMENT WITH
SANTA ALTA COLLEGE FOUNDATION
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on AUGUST 15, 2017 by and
between the City of Santa Ana, a municipal corporation ("City") and SANTA ANA COLLEGE
FOUNDATION, 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 PROVIDING SCHOLARSHIP FUNDS FOR GRADUATING HIGH SCHOOL
SENIORS THAT LIVE WITHIN THE SANTA ANITA NEIGHBORHOOD ASSOCIATION
TO SUPPORT THEIR COLLEGE EDUCATION ("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
VILLEGAS, 'believes there is a public propose in supporting the Cormmunity Benefit because it will
PROMOTE YOUTH EDUCATION, FINANCIAL STABILITY, LIVABILITY, AND
POSITIVE COMMUNITY ENGAGEMENT. 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 ($500.00) to support college education for graduating high school
seniors that live within the Santa Anita Neighborhood Association, 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 Rinds, 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 (ands 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 Rinds pursuant to Section
3.2 below.
3,2 Tezmr; Termination of Agreement. This Agreement shall take effect on the date first
above written and remain in effect through Recipient's fill 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 fiords
provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%)
EXIIIBIT 4
29A-8
CITY OF SANTA ANA
DONATION AGREEMENT
Page 2 of 3
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 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 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 Agreennent.
3.6 Entire Contmet/Modifxcation. 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. Tho person executing below on behalf of Recipient
represents and warrants that the Recipient has all requisite power and authority to conduct its
EXHIBIT 4
29A-9
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 3
business and to execute, deliver and perforin 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.
RECOMMENDED FOR APPROVAL
By:
Robert C. Cortez
Deputy City Manager
City Manager's Office
CITY OF SANTA ANA
By:
Cynthia Kurtz
Interim City Manager
Attest:
Maria D. Huizar
Clerk of the Council
Approved as to Forma
By: qaz",yv. tc
d° in M. Funk
Assistant City Attorney
SANTA ANA COLLEGE FOUNDATION
a 501(c)3 NON-PROFIT ORGANIZATION
in
EXHn3IT 4
29A-10
Signature
Name
Title