HomeMy WebLinkAbout29A - AGMT EVENT PROGRAM DONATIONREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
MAY 1, 2018
TITLE: APPROVED
❑ As Recommended
DONATION AGREEMENTS WITH El Or
VARIOUS ORGANIZATIONS TO F]OOrrdinance on 1n' Reading
❑ Ordinance on 2ntl Reading
SUPPORT COMMUNITY EVENTS AND ❑ Implementing Resolution
PROGRAMS ❑ Set Public Hearing For
(STRATEGIC PLAN NO. 5,4)
CONTINUED TO
FILE NUMBER
CI MANAGER
RECOMMENDED ACTION
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. Orange County Community Foundation in support of on-going educational outreach
and resources for Latino youth in Santa Ana, in a one time donation amount of $500
(Councilmember Sarmiento);
b. Orange County Center for Contemporary Arts in support of Boca de Oro Art &
Literature Festival that occurred March 3, 2018, in a one-time donation amount of
$1,000 (CouncilmemberTinajero).
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 Agreements with Organizations to
Support Community Events and Programs
May 1, 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 (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 Sarmiento $ 500.00
CouncilmemberTinajero $ 1,000.00
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez Vl
Executive Director
Finance and Management Services Agency
EXHIBITS: 1-2. Donation Request Forms
Donation Agreements
29A-2
CITY OF SANTA ANA
DONATION AGREEMENT WITH
ORANGE COUNTY COMMUNITY FOUNDATION
(FISCAL SPONSOR FOR HISPANIC EDUCATION ENDOWMENT FUND
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on MAY 1, 2018 by and between
the City of Santa Ana, a municipal corporation ("City") and ORANGE -COUNTY COMMUNITY
FOUNDATION (FISCAL SPONSOR FOR HISPANIC EDUCATION ENDOWMENT FUND
(HEEF) 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 TO PROVIDE EDUCATIONAL OPPORTUNITIES FOR YOUTH TO ATTEND
FOUR-YEAR UNIVERSITIES ("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 Purnose. The City, by recommendation of COUNCILMEMBER
SAR*)IhNTd, belicves there is a public purpose in supporting the Community Benefit because it
PROVIDES" ADDITIONAL RESOURCES THROUGH SCHOLARSHIP FUNDS FOR
ORANGE COUNTY'S HISPANIC/LATINO YOUTH TO ATTEND FOUR-YEAR
UNIVERSITIES. 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 -0500); -because the City has determined that there is a public
purpose to be served in supporting1he 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 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
29A-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 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-4
CITY OF SANTA ANA
By:
Raul Godinez
City Manager
Attest.,
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: 01rz UV.,
hn M. Funk
Assistant City Attorney
ORANGE COUNTY COMMUNITY
FOUNDATION (FISCAL SPONSOR FOR
HISPANIC EDUCATION ENDOWMENT
FUND), a 501(c)(3) NON-PROFIT
ORGANIZATION
LIN
Signature
Name:
EXHIBIT 2-
29A -5
29A-5
City of Santa Ana Cfty Manager's Office -M-31
City 20 Civic Center Plaza
Donation Request P.O. Box 1988
V
Santa Ana, CA 92702
(714) 647-5200
Name: jMonica V. Guillena, MSW — —Tine: — Administrative Director
;Address: j4041 MacArthur Boulevard, Suite 510
City, state, zip: 1 Newport Beach, CA 92660 Phone: 949-5534202 ext. 253
Em all: [heef@oc-d.org Fax: 949-553-4211
i Name., SI Orange County Community Foundation as fiscal sponsor for Hispanic Education Endowment Fund
u
ITax-Exempt3tatus: 13 your organization a non-profit or public tax-exempt organization as ISaleet One: 1
defined under Section 501(c)(3) of the Internal Revenue Code? I i Yes ❑ No
f lfNo. you will only qualify for a credit for City -related costs for yourrequest 09. permit fees, i-�-- `-- --
'-"—-
�,stalf time, tergal rates forfactUfes orequipment,etc.).Costs for City services vary andN J1 Yes, 133-0378778
approved, credit may or may not cover full cost of requested City services. i4ax to 0:
;City Sarvices Credit
Amount Requested:
— .
Direct Payment Amount
Requested:
lEvent Location:
Address, City, State. Zip
Ioescdption of
lEvent/Purpose:
I
!Community Benefit'
,Applicant Signature:
'Date Needed: i MayonlCounctimember. !Sarmiento
500.00 Event nam:_
;Event Time:
i This $500 donation to the Orange County Hispanic Education Endowment Fund will help to
'support the overall mission which provides opportunities for OC Hispanic youth to attend
college.
I Each year, over 100 students are awarded HEEF scholarships to attend four-year universities. HEEF serves students who
have attended high school in Orange County, CA. HEEPs mission is to Improve access to higher education institutions for
OC's Hispanic/Latino youth. Since Its Inception in 1003, HEEF has awarded over 2,200 scholarships totaring over $2.7M.
Dam i I2 Z
!Mall: City Managers Officer -M-311 1 Email: donationrequest@santa-ana.org
20 Civic Center Plaza I Fax: (714) 647-8964
P.O. Box 1980
Sante Ana, CA 92702
Donation Request#: DR -
_ Council Meeting Date: May 1, 2018
Eligibility Met: YES i NO YES Approved Amount $500.00
City Manager Signature: Date:
EXHIBIT 1
CITY OF SANTA ANA
DONATION AGREEMENT WITH
ORANGE COUNTY CENTER FOR CONTEMPORARY ARTS
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on MAX, 12018_by and between
the City of Santa Ana, a municipal corporation ("City") and ORANGE COUNTY CENTER -FOR
GONTEMPORAI2Y_° ARTS 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 BOCA DE ORO: OC ART & LITERATURE FESTIVAL,
HELD ON MARCH 3, 2018, TO HONOR POET LAUREATE LUIS RODRIGUEZ WHICH
WAS A FREE EVENT 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 COUNCILMEMBER
TTN113I RO, believes there is a public purpose in supporting the Community Benefit because it
PROVIDED ART AND LITERATURE TO YOUTH IN SANTA ANA AND MOTIVATE
THEM TO APPRECIATE THE FINE ARTS IN DOWNTOWN SANTA ANA. 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-"6'500);'because the City has determined that there is a public
purpose to be served in supporting'& 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 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-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 4
29A-8
CITY OF SANTA ANA
By:
Raul Godinez
City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: _
hn M. Funk
Assistant City Attorney
ORANGE COUNTY CENTER FOR
CONTEMPORARY ARTS, a 501(c)(3)
NON-PROFIT ORGANIZATION
By:
Signature
Name:
EXHIBIT 4
29A-9
%17 City of Santa Ana
Donation Request
Cary Nanagrr'a Oerc, - MJr
20 Urc Cearn Ptuj
P.O 80a fp"
S=U Ar CA 97707
1714) w74"
.BOCA de O:o: OC At- and LderaFJ:e Festrvst. TO pay for Honorarium of Past Laweate Ltus
oescrvaon or Rodngxz who w111 to operung Lne 2018 Festr: at in Santa Ana on March 3, 2018
Evert 1 Pupoee:
.. .. _. _.._-_-rt�Y'(yi•:_nrMYa: Y: Pd �1amN;v f.7srm rra+ ya 'CK:a•p Ms -"A Wr en " -V t:rhe
Comwunay eorwatto WC )T~.011_ AsraVs I Xr 3 La Vba Lr G312 E)9,1 m 1 A. Wlrm Te Ca^ Sr xOQ Lar+ry
amyg :Cc: i w a » r ce::,-.i and rnec.L'v rx ru-.r an] su Lrrq ±,a n o� cry sa xt yan Cn :tr syr�
yr
APak" 'il2adcfec� e S,tee�sr�z - - - 10810: - - Feb. 10 2018
Mall Cly YaneOefa OfEp - MJ1 . Ern": do+wfbnrap,wugsardn•eru er0
20 CMC Cav,hr Pun Fat: (714) M-WS4
P.O. Not 198a
Banta Ary CA 02702
El, -ml!, er<c vrs140 YES
Gry,A,r ,S,mtu-r
Coss.ca v.-r:np Dow May 1, 2018
$1,000
Owe
EXHIBIT 2
29A-10
Ra..aad 0105'2017
Name: }: �JY.kine SpCrrcr eb OCCCA Treasumf Jeftcf FnSGh
"noel
Y.dYiscty [3=cj Mernt>e
Addrese: ,Co East 4111 Strect
Fay. swe. ft: Santa Ana
Phorw
i71-0815-2653
Em►1: mspencer@nabcinc.com, spencl 1Cei tns:1 ch3ynorl.edu
iac
r1."a . -- .... ...
Kranization Information
Neale: Orange County Center for Contemporary Arts
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Feb 25. 2018 IaayvdCouncaManacr.
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t°� "fl1OVni s1,000 elaee:
(PdarCh3,2018 �3Tw
12:00pm-2:00pm -
E, w l ocabm: 117 North Sycamore, Santa Ana CA 92701
., aCyr.^.."2a
.BOCA de O:o: OC At- and LderaFJ:e Festrvst. TO pay for Honorarium of Past Laweate Ltus
oescrvaon or Rodngxz who w111 to operung Lne 2018 Festr: at in Santa Ana on March 3, 2018
Evert 1 Pupoee:
.. .. _. _.._-_-rt�Y'(yi•:_nrMYa: Y: Pd �1amN;v f.7srm rra+ ya 'CK:a•p Ms -"A Wr en " -V t:rhe
Comwunay eorwatto WC )T~.011_ AsraVs I Xr 3 La Vba Lr G312 E)9,1 m 1 A. Wlrm Te Ca^ Sr xOQ Lar+ry
amyg :Cc: i w a » r ce::,-.i and rnec.L'v rx ru-.r an] su Lrrq ±,a n o� cry sa xt yan Cn :tr syr�
yr
APak" 'il2adcfec� e S,tee�sr�z - - - 10810: - - Feb. 10 2018
Mall Cly YaneOefa OfEp - MJ1 . Ern": do+wfbnrap,wugsardn•eru er0
20 CMC Cav,hr Pun Fat: (714) M-WS4
P.O. Not 198a
Banta Ary CA 02702
El, -ml!, er<c vrs140 YES
Gry,A,r ,S,mtu-r
Coss.ca v.-r:np Dow May 1, 2018
$1,000
Owe
EXHIBIT 2
29A-10
Ra..aad 0105'2017