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HomeMy WebLinkAbout29A - DONATION AGMTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 6, 2018 TITLE: DONATION AGREEMENT WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS (STRATEGIC PLAN NO. 5, 4) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r_1»a61VJ=W ❑ As Recommended ❑ As Amended ❑ Ordinance on 91 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. 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. Crime Survivors Inc. in support of on-going services that provide awareness, prevention, advocacy, and healing for Santa Ana residents that have endured violent crimes or abuse, in a one-time donation amount of $500 (Councilmember Solorio); b. Crime Survivors Inc. in support of on-going services that provide awareness, prevention, advocacy, and healing for Santa Ana residents that have endured violent crimes or abuse, in a one-time donation 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. 29A-1 Donation Agreement with Organizations to Support Community Events and Programs February 6, 2018 Page 2 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 through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements (Exhibits 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 City of Santa Ana Donation 'Name: !Patricia Wenskunas ddress: 11301 N Tustin Ave.-.„__....,�1_... IcIty, state, zip: I Santa Ana, CA 92705 mm r..:.,. Email:-'patricla@crimesurvivors.org City Manager's Ofrice — M-31 20 Civic Center plaza P.O. Box 1988 Santa Ane, CA 82702 (714) 647-5200 CEO 245-4798 City services Credit ! I !Date Needed: 12018 amount Requested: Direct Payment Amount! Requested” t Date: 01 500 tEvent®ate: 77!33 Evonk t.oca4lon' m� ..IS linn78 SUIVIVQts plesOufCB CEnt€3r ^ rere4O Address, city state, zip {t 1301 N Tustin Ave. Santa Ana, CA 92705 China Survivors writ use these dimotfunds requested In parnershll Description of the city cleanse Ana Ourprogramshavee broad reach lnduaing: violent gime; including families of murder and sandYms of attempt, Event 1 Purpose: Sohl.m aervlces are avallable to all victims of were, we estimate i larking in resources following a vlolent crime_ Come Survivors will lFuNeq.ile ... r,ss SBnk Am-baeea Cl &N-.%,Je Pmvntl, Rrme Community Benefit vubttlf$ t, ealrg a NbP at( IAB ed9 d lm�qlmtsllemHal9E 1s. v1di'-doWdE lWm is CA !earl ee ppdaM sat -p g mBupp di anepleBe.' }se. rm m av�a este Praaae a�meHBum.Brvm•s meteor ee•eeeroie�e B'vreu Mail: City Manager's Office m Ill 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 lCounciimember: - &0X,0Zi D Time: 12018 vldedwarertees p[avenlion ativocacy and healing services to all residence In hnic backgrounds faiths, as well as direct program support for famdlas of will assault domestic violence Cold abuse, and elder douse. Although Crime iars served by Cnme Survivors are low income These vlotima are pban deeply hese programs, sm oss and traming3 that are not acvered by the state. Email: donationrequest@Santa-ana.org Fax: (714) 847-6954 Donation Request ga j DR - t'e sten=era Y on att r taaa5s;.t+J - I C9#dnsli MaeC!¢sg Date I FEBRUARY 6 2018 Eligibility Met: YES I No YES 1 Approved Amount: $500 City Manager 319"Ature pate i Revised 01)05/2017 EXHIBIT 1 29A-3 29A-4 0 City of Santa Ana Donation Request City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 .Santa Ana, CA 92702 (714) 647.8200 e: Patricia Wenskunasisle: Founder CEO�� ass; _J1 301 N Tustin Ave. . �--._ -. - State, zip: Santa Ana, CA 92705 Fhone: (949) 872-7895 , �_m-mow._�-�--- I: pa @ triciacrimesurvivors...:or9_.Fan x: (775) 245-4798 Y` Name: lCrime Survivors Ji - __nom Tax•Ex¢mpt Status:.ls your—organization anon-pro0t or public ta>f exempt organizatlori as ieflned under Section 601(c)(3) of the Internal Revenue Code? 1Select One: Yes ❑ No If NO, you will only quality for a credit for City -related costs for your request (le, permit fees,i staff time, rental rates for facllrtles orqulpment,etc,).Costs /or City services nary and 7f Fl_Y11_ mm��G2.7��� tpproved, credit may or may not cover full cost of requested City services. ax ID #:. y'7 Bo a ca f )ity Service s Crodit t ------ —�---- --�--- 4mountRequested: �$ {Date N¢eded; - 201 H IMI ayodCouncilmem6er i �/Iiie9aS Direct Payment Amount---�.---.-.--_ or"Coua._.v__ 2equested i I-I@veno Dato. 201$ vent Tim¢: t2o1$ ....._..._..... t nits. ..,.�.........._ .vent Location: - Crime Survivors Rescurce Center address, City, state, zle 1301 N Tustin Ave. Santa Ana, CA 92705 FC,.... .,....,...—,.,._,:.___..__,.,_,,,._. me Survivors well use these direct fundsrequaeted In partnership to 611Pod and provide aememees, prevention advocacy and healing smomm to all residence In )ascription of the city Osamu Ana Ourprograms have a brand reach Including an ages, genders ethnic backgrounds, range, asweli as direct program supportortarnbeaot vioact cure, Including tandem of ummer and survivors of attempted murder, rape sexual assault domestic violence, child abuse, and elder abuse, Although Come aVent/PUPp088 survivors services are ovailable to ell victims of crime via estimate that 75% of lndWlduals aurum! by Cnma Survivors are low income These victims are often deeply IackIng In Mmomiea following a violent stun& Clime SuMVOrs will continue to provide gabs programa, services and ealnings that ere not covered by the slate. P bl Ny III IM B I6A bd/d a Ivir a'We P.W11 Reumt.bles, "Weh p W etthl gMM Me teAmtObr0P Y h bgl I Javrym, ec QMtb ub adveemrul Icame tesetal fm t I p tl 1vhmpltb O We bbbdea 1.1e.c.dl otee emilbe.G dhe, pobll ry will One b gained thah %b CmMGSUNe ry p F dPmgram antl addlib.nal :ommunity Benefit:IP I SppM,M ll gE l6 adF r,J IIny Events for nlret seMgm Calms aunNonwtliId. . ug Wmmunrylocellon In the C4....... M"'. (her eme votmrcan aceese City Manager's Office- M-31 20 Civic Donation Request #: HPfflYCnG2 on cli Melee s Eligibility Met: —_ City Manager Signature: santa•ana,org Fax: (714) 647-6954 council Meeting Dat¢: YES/ NO YES Approved Amount: Date: FEBRUARY 6, 2018 $500�� _ Revised 01/05/2017 29A-6 CITY OF SANTA ANA DONATION AGREEMENT WITH CRIME SURVIVORS INC. 1. PARTIRS AND DATE This Donation Agreement ("Agreement") is entered into on FEBRUARY G, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and CRIME SURVIVORS 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 services which PROVIDE AWARENESS, PREVENTION, ADVOCACY, HEALING FOR SANTA ANA RESIDENTS THAT HAVE ENDURED VIOLENT CRIMES OR ABUSE ("Community Benefit"). The Parties wish to enter into this Agreement to establish the terms and conditions -wider which the City will provide funding. 2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER SOLORIO, believes there is a public pupose in supporting the Community Benefit because it PROVIDES HEALING SERVICES AND MENTAL HEALTH SERVICES TO ALL AGES, GENDERS, ETHNIC BACKGROUNDS AND FAITHS THAT HAVE ENDURED VIOLENT CRIMES, RAPE, SEXUAL ASSAULT, DOMESTIC VIOLENCE, CHILD ABUSE, OR ELDER ABUSE. 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 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 Hilly with the terns of this Agreement, City shall have the right to terminate this Agreement arid 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 3 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. 3A 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 Conummity 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, demand's, 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 terns 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 perforrn this Agreement. Each Pavy 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 By: Rail Godinez H City Manager. Attest; By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attomey By � - y.CC Laura A, Rossini Senior Assistant City Attorney CRIME SURVIVORS INC} a 501(c) 3 NON-PROFIT ORGANIZATION Patricia Wenskunas Founder Chief Executive Officer EXHIBIT 3 29A-9 29A-10 CITY OF SANTA ANA DONATION AGREEMENT WITH CRIME SURVIVORS INC. 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on FEBRUARY G, 2018 by and between the City of Santa Ana, a municipal corporation ("City") and CRIME SURVIVORS 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 Cornrnunity Benefit. The City wishes to provide Recipient with funding to assist Recipient in services which PROVIDE AWARENESS, PREVENTION, ADVOCACY, AND HEALING FOR SANTA ANA RESIDENTS THAT HAVE ENDURED VIOLENT CRIMES OR ABUSE ("Cormnunity 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 HEALING SERVICES AND MENTAL HEALTH SERVICES TO ALL AGES, GENDERS, ETHNIC BACKGROUNDS AND FAITHS THAT HAVE ENDURED VIOLENT CRIMES, RAPE, SEXUAL ASSAULT, DOMESTIC VIOLENCE, CHILD ABUSE, OR ELDER ABUSE. 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. TE ANIS 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 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 teens 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 assiune 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 willfiil 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 Authorityto 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 By Raul Codinez II City Manager Attest Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: &C�k�'tC> t�r'a4 VU4 Laura A. Rossini Senior Assistant City Attorney CRIME SURVIVORS INC, a 50I(c) 3 NON-PROFIT ORGANIZATION By: Patricia Wenskunas Founder Chief Executive Officer EXHIBIT 4 29A-13 29A-14