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HomeMy WebLinkAbout29A - DONATION AGMTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 3, 2017 TITLE: APPROVE DONATION AGREEMENTS WITH ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS (STRATEGIC PLAN NO. 5,4) �ZZ CIrP6ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: "1aa3in ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl 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: a. Charitable Venture of Orange County to support Memorial Park Neighborhood Associations' Bike-Pedalor-Stroller & Model Car event, in the amount of $250 (Mayor Pro Tem Martinez); b. Magnolia Educational & Research Foundation to support the Magnolia Science Academy fieldtrip to the Bowers Museum, in the amount of $1,000 (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 Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events 29A-1 Approve Donation Agreements with Organizations to Support Community Events and Programs October 3, 2017 Page 2 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: Mayor Pro Tem Martinez $ 250.00 CouncilmemberVillegas $ 1,000.00 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director s ^- Finance and Management Services Agency EXHIBITS: 1-2. Donation Request Forms 3-4. Donation Agreements 29A-2 Manager's rtCity C Civic Center Plaza �.x.; City of Santa Ana 0 1988 Donation Request P.O. CA 92702 Q Santa Ana, GA 92702 (714) 647.5200 Contact Information INam�e: —+I Raul Ramos - Santa Ana Memorial Park N.A. Ige: President Address s: 2140 S. Birch Street (city, state, I Santa Ana, CA 92707 Pnon�e: (714) 651-6176 Emai�— raulramos9906@gmail.com Fax: (--_---_ organizationIIIIIIIi Name: I Charitable Venture of Orange County - Santa Ana Grants for Blocks Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One Z Yes ❑ No defined under Section 501(c)(3) of the Internal Revenue Code? ! If No, you will only quality for a credit for City -related costs for your request (i.e. permil fees, f ,D staff time, rental rates for facilities or equipment, etc.).Costs for City services very and ff ,ax I 120-8756660 lapproved, credit may or may not cover full cost of requested City services. ax #: Donation Re. CityServi es Credit S — I Date Needed: 7/1 6/2017 MayorlCou�dlmember: Martinez Amount Requested: j j DnaetPaymentAraunt _In,n�r�nn Requested: h00 Event Date: �— 7/16/2017 (Event Time: 10am - 4pm ent location: S. Broadway PI between W. Anahurst Pl. and S. Main Street F dress, Clty, state, Zip Santa Ana Memorial Park NA is organizing a public safety awareness and gang prevention event Description of by having community resources and activities for children available with special Bike pedal car - Event I Purpose: Stroller and model car show in partnership with Afterlife OC, Memories OC, Temptations OC clubs. Santa Ana Memorial Park N. A wants to bring awareness to the entire neighborhood on options to prevent gang Involvement with Community Benefit: our youth, improve relationship between community and police, and to provide fun activities foryouth and families through creative evbike and stroller cars, and partners will share on job preparation and employment with young people in attendance. Applicant Slgn'ttl 'Return completed.form via, Mail: City Managers Office–M-31 Email: donatlonrequest@sante-ana.org 20 Civic Center Plaza Fax: (714) 647.6854 P.O. Box 1988 Santa Ana, CA 92702 L,- i .;, - Donation Request A: DR - I Council Meeting Date: OCTOBER 3, 2017 RMarence a orr all relafxd DPYs YES 1$250 $250 Eligibility Met: YES I NO Approved Amount: City Manager Signature: Date: Revised 01105/2017 29A-4 City Manager's Office — M-31 City of Santa Ana 20 Civic Center Plaza Box 1988 _ P.O. 7. Donation Request Santa Ana CA 92792 (714) 647.5200 Contact Information Name: Laura Schlottman uq: Principal ddress; 2840 West 1 st Street city, state, zip: ISanta Ana, CA, 92703 Phone: 562-201-6968 Emall: I Ibschlottman@magnoliapublicschools.org Fax: 714-242-1449 Organization Information I I Nama: Magnolia Science Academy Santa Ana/ Magnolia Educational & Research Foundation Tax -Exempt Status: Is your organization a non-profit or public lax -exempt organization as Select One; Yes No defined under Section 501(c)(3) of the Internal Revenue Code? ❑ If No, you will only quality for a credit for City -related costs for your request (i.e. permit fees, If Yes, stafftime, rental rates for facilities or equipment, etc.). Costs for City services vary and if L95-4649884 approved, credd may or may not cover full cost of requested City services. Tax ID #:iSCat SPM9-0t--MagMIla E-duca ia &-R�aYch Fooludat 0 Donation . City Services Credit �— Requested: Date Needed: p I t 1 D Mayoricouncilmember: navhtes1v'I �i �r,aQ / DD 11 mount I DirPayment Amount 5 () QQ U Event Date: zect 11.5 f Event Time: 2 $ Wye.-, Regnested: Event Location; ,�, 1l��Wwef-s mosewn Address, City, Sfafe, Lip -2,002, N . 1vlcxAVi S�- ) Sw- W` ANLI't CA, 92-:40 We- WO & h Ve, 0 -jj&e_ oX a w avl cR toy try �td� 5 dents t Description of Event I Purpose: A ��{— r— �t- (1 R�tL EI/t I ' iWV t `OT+�G�U-1f _s 4av: �G�I/Q� 111 sG141`r `l A71c>_ cal -(fj i ✓ It i,,a avid IkIL'i n 4- 1A i (ecL 6uwn-5 . W� WU14t ow yt y ccdot-ft 4V Vc+ l,�, -r c.& Cl'rt^')1�'t4_4Vf A ' if Community Benefit: WLU5e_L'I;_ L-5 caZct t6'm n— e+'.�C.27 Applicant Signature: IDalo: 'Return — — completed form via: Mail: City Manager's Office—M-31 iEmall: donationrequest@santaana.org 20 Civic Center Plaza I Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 ` Donation Request #: fidor # 60073 council meonng Date: OCTOBER 3, 2017 [YES/ Eligibility Met: NO YES Approved Amount: I $1,000 j City Manager Signature: ( Date:, Revised 01/05/2017 Ko;hw 29A-6 CITY OF SANTA ANA DONATION AGREEMENT WITH CHARITABLE VENTURES OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on OCTOBER 3, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and CHARITABLE VENTURES OF ORANGE COUNTY (FISCAL SPONSOR FOR MEMORIAL PARK NEIGHBORHOOD ASSOCIATION), 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 THE IST ANNUAL BHS-PEDALOR-STROLLER & MODEL CAR EVENT THAT OCCURRED ON JULY 16, 2017, FREE TO THE COMMUNITY ("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 MAYOR PRO TEM MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it PROVIDES THE MEMORIAL PARK NEIGHBORHOOD ASSOCIATION WITH SUPPORT IN HOSTING THE 1sT ANNUAL COMMUNITY EVENT THAT WILL PROMOTE COMMUNITY ENGAGEMENT AND PRIDE. 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 HUNDRED FIFTY DOLLARS -($250), 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 funds pursuant to Section 3.2 below. 3.2 Term: Termination of Aereement. 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. EXHIBIT3 29A-7 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 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 3 29A-8 CITY OF SANTA ANA 92 Attest: Cynthia J. Kurtz Interim City Manager Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: ohn M. Funk Assistant City Attorney CHARITABLE VENTURES OF ORANGE COUNTY, a 501(c) 3 NON-PROFIT ORGANIZATION Signature Ted Kim Name Chief Operating Officer Title EXHIBIT 3 29A-9 29A-10 CITY OF SANTA ANA DONATION AGREEMENT WITH MAGNOLIA EDUCATIONAL & RESEARCH FOUNDATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on OCTOBER 3, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and MAGNOLIA EDUCATIONAL & RESEARCH FOUNDATION (FISCAL SPONSOR FOR MAGNOLIA SCIENCE ACADEMY), 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 fimding to assist Recipient in COORDINATING AND PROVIDING A FIELDTRIP TO THE BOWERS MUSEUM ON FEBRUARY 13, 2018 FOR A GROUP OF 9TH AND IOTA GRADE STUDENTS ("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 purpose in supporting the Community Benefit because it PROVIDES AN OPPORTUNITY FOR STUDENTS TO LEANR ABOUT THE VALUE OF COMMUNITY, HISTORY, REINFORCE EDUCATION, AND THE LEARN ABOUT INTERNATIONAL ART WORK AT THE BOWERS MUSEUM. 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 ONE THOUSAND DOLLARS ($1,000), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. hi 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 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 4 29A-11 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 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 4 29A-12 CITY OF SANTA ANA Attest: M Cynthia J. Kurtz Interim City Manager Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: LL Ix", L,,"A ohn M. Funk Assistant City Attorney MAGNOLIA EDUCATIONAL & RESEARCH FOUNDATION, a 501(c) 3 NON-PROFIT ORGANIZATION By: Signature Name Title EXHIBIT4 29A-13 29A-14