HomeMy WebLinkAbout25F - FRIENDS OF THE SANTA ANA ZOOREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
AUGUST 2, 2010
TITLE:
AGREEMENT AMENDMENT WITH THE
FRIENDS OF SANTA ANA ZOO
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on 1s' 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 the attached agreement
amendment with the Friends of Santa Ana Zoo, subject to non-substantive changes approved by
the City Manager and City Attorney.
DISCUSSION
The Friends of Santa Ana Zoo (FOSAZ) is a nonprofit 501 (c)3 agency. Their purpose is to market
and solicit charitable donations to support the operation, maintenance and expansion of the Santa
Ana Zoo at Prentice Park. Most recently, FOSAZ was instrumental in helping the City fundraise for
the Tierra de las Pampas exhibit. The Friends of Santa Ana Zoo and the City of Santa Ana
collaborate on programs to enhance the benefits of the Santa Ana Zoo at Prentice Park. The
Friends have overseen many planning and fundraising efforts, including the annual "Boo at the
Zoo" and "Zoofari" events, as well as providing staffing and maintenance of the Zoofari Express
Train Ride, the Endangered Species Carousel and the Zoo Gift Shop.
In 2006, the City and FOSAZ agreed on a $10,000 contribution from FOSAZ to help with the Zoo's
veterinary expenses. Then two years ago, FOSAZ began paying the City $20,000 for the
veterinary expenses. This amendment reflects this increase. The Zoo's veterinary expense is
about $80,000 a year. In addition, FOSAZ pays the City 10% of all net Gift Shop and Facility
Rental revenues. This amendment changes the revenue account that these funds are deposited
into from a special revenue account to the City's General Fund. This change allows the City to
reduce the Zoo General Fund subsidy, one of the major goals of the Zoo.
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Friends of Santa Ana Zoo Amendment
August 2, 2010
Page 2
FISCAL IMPACT
The concession revenue and veterinary contribution will be deposited in General Fund revenue
accounts (no. 01113200 various).
APPROVED AS TO FUNDS AND ACCOUNT:
Gerardo Mouet,
Executive Director
Parks, Recreation
Services Agency
Community
Francisco Gutierrez,
Executive Director
Finance and Management Services Agency/
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SECOND AMENDMENT TO AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND THE
FRIENDS OF SANTA ANA ZOO FOR THE BENEFIT
AND SUPPORT OF THE SANTA ANA ZOO IN
PRENTICE PARK
THIS SECOND AMENDMENT, made and entered into this day of ,
2010, by and between the CITY OF SANTA ANA, a charter city and municipal
corporation duly organized and existing under the Constitution and laws of the State of
California ("CITY") and Friends of Santa Ana Zoo ("FOSAZ"), a California non-profit
public benefit corporation, organized for the purpose of supporting the operation,
maintenance and expansion of the ZOO through charitable fundraising.
RECITALS
A. The parties entered into that certain agreement entitled "Agreement between the
City of Santa Ana and the Friends of the Santa Ann Zoo for the Benefit and
support of the Santa Ana Zoo in Prentice Park on December 3, 2001", as amended
by that certain First Amendment dated December 4, 2006 (collectively, the
"Agreement") .
B. The PARTIES seek to further amend the Agreement in order to increase FOSAZ
funding contribution towards veterinarian services, and clarify that all proceeds from
FOSAZ shall be maintained as City general funds.
WHEREFORE, in consideration of the covenants contained in said Agreement, and subject
to all the terms and conditions of said Agreement, except those amended in this Second
Amendment, the parties agree as follows:
1. Section 3G, entitled "Concession Revenue Sharing", shall be amended to read as
follows:
3.G. Financial Contributions & Concession Revenue Sharing
(i) On or before December 31St of each year, FOSAZ shall remit the
sum of thirty thousand dollars ($30,000) to the CITY to be used for
veterinary expenses. These funds will be deposited into a CITY
revenue account with the City General Fund. The CITY shall
provide FOSAZ with an accounting of the expenditures of these
funds on an annual basis following each fiscal year.
(ii) In addition to funds provided in (i) above (which shall not be
deducted from gross revenues when calculating net revenue), on
the 15th day of each quarter of the calendar year beginning on April
15, FOSAZ will remit to CITY ten percent (10%) of all net
concession revenues from the Gift Shop and Facility Rental Areas
received in the preceding quarter.
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(iii) CITY shall deposit such concession revenue into a CITY revenue
account with the City General Fund to be used by the CITY for
ZOO capital and operating expenses including, but not limited to
improvement projects, educational opportunities, staff
development, and/or purchase of animals, as reasonably
determined by the Zoo Manager.
Except as herein amended, all terms and conditions of said Agreement shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Agreement the date and year first above written.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
FRIENDS OF THE SANTA ANA ZOO
By:
Name:
Title:
2
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