HomeMy WebLinkAbout25J - AGMT - DONATION CENTRO CULTURALr4olifflYRN
CITY COUNCIL MEETING DATE:
DECEMBER 15, 2015
TITLE;
DONATION AGREEMENT WITH EL
CENTRO CULTURAL DE MEXICO
(STRATEGIC PLAN NO. 5, 4)
CITY MANAd9R
CLERK OF COUNCIL USE ONLY:
UT-JOY10071ark
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
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Authorize the City Manager and Clerk of the Council to execute an agreement with El Centro
Cultural de Mexico for a one -time donation amount of $1,000, subject to nonsubstantive changes
approved by the City Manager and the City Attorney.
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.
Councilmember Angelica Amezcua recommends to appropriate $1,000 to EI Centro Cultural de
Mexico for an event that was held on Saturday, November 7, 2015, in response to their donation
request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) 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).
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Donation Agreement with El Centro Cultural de Mexico
December 15, 2015
Page 2
FISCAL IMPACT
Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16
General Non - Departmental account (01105015- 62300). The $1,000 will be spent from
Councilmember Angelica Amezcua's appropriated amount for FY 2015 -2016.
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency °
Exhibits: 1. Donation Request Form
2. Donation Agreement
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City Manager's Office — M -31
�h' City of Santa Ana 20 Civic Center Plaza
Donation Request P.O. Box 1988
^,y4 Santa Ana, CA 92702
�-:�scr� (714) 647 -5200
iContact Information
Name:
[Cuts Sarmlent0 Title: rEX@CUtIVe DlreCtOr
Address:
PO Box 133
City, State, zip:
Santa Ana, CA 92702 (Phone:
714.425 -5562
Emall:
r.___. _ e
luis @elcntroculturaldemecico.org Fax:
----------------
Organization
- - - - - --
_ - - -- - - -- - - - -- - -------------__
- I
Name: rrCentro Cultural de Mexico
Tax- Exempt Status: Is your organization a non - profit or publ ic tax - exempt organization as Select One: ❑ ❑
Yes No
defined under Section 501(c)(3) of the Internal Revenue Code?
If No, you will only qualify for a credit for City - related costs for your request (i. e. permit fees,
If Yes,
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if 33- 0614169
approved, credit may or may not cover full cost of requested City services. Tax ID #:
Donation
City Services Credit
Janua 2016 r
$ Date Needed: ry Mayor /Councilmember: Amezcua
mount Requested:
Direct Payment Amount
Di neste:
r-- - -- —
1000 F - - -- _- _ NOV 7th, 2015 _ - - -- - - --
7 am - 10 m
$ (Event Date. Event Time: p
q
Event Locatlon:
Fourth Street and Broadway, Santa Ana, California
Address, City, State, Zip
Noche- d-eAltares is an open and free community based Dia de los Muertos
FEv,nt iptio n of
celebration on la Calle Cuatro in Santa Ana, California. The event hosts over
/Pnrpese:
140,000 people, including families, community organizations and businesses.
I
r
Noche de Alares provides inter and intra cultural dialogue, community building
Community Benefit:
across cultures, and free art and educational opportunities for over 40,000
pp
(people including residents and families from Santa Ana.
j
_
(Applicant Signature:
P
1 oate: 111.22.2015
I
Return completed
Mail: City Manager's Office —M -31 Email: donationrequest @santa- ana.org
20 Civic Center Plaza Fax: (714) 647 -6954
P.O. Box 1988
Santa Ana, CA 92702
I
Donation Reques4 #: DR-
Council Meeting Date:
Reference # on all related GFVs 1
Eligibility Met: YES / NO Approved Amount:
City Manager Signature Date:
Revised 11/16/2015
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CITY OF SANTA ANA
DONATION AGREEMENT WITH EL CENTRO CULTURAL DE M9XICO
Page 1 of 3
CITY OF SANTA ANA
DONATION AGREEMENT
WITH EL CENTRO CULTURAL DE MEXICO
1. PARTIES AND DATE
This Donation Agreement ( "Agreement ") is entered into on DECEMBER 15, 2015 by and
between the City of Santa Ana, a municipal corporation ( "City ") and EL CENTRO CULTURAL
DE MEXICO, a California 501(e)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 AN OPEN AND FREE COMMUNITY -BASED DYA DE LOS
MUERTOS CELEBRATION ( "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 COUNCILWOMAN
AMEZCUA, believes there is a public purpose in supporting the Community Benefit because it will
ENGAGE INNER AND INTRA- CULTURAL DIALOGUE, COMMUNITY BUILDING, AND
ART AND EDUCATIONAL OPPORTUNITIES FOR SANTA ANA RESIDENTS. 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 ONE THOUSAND
DOLLARS ($1,000) for a past event that was held on Saturday, November 7, 2015, 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 Te'rrr• Termination of Agreement. This Agreement shall take effect on the date first
above written and remain in effect unless and until terminated by the City, 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 1/o) per annum.
Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any
expiration or termination of this Agreement.
EXHIBIT 2
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CITY oP SANTA ANA,
DONATION AGREEMENT WITII EL CENTRO CULTURAL DU lY XIC0
Page 2 of 3
3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the
City determines that the £imds 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 Ci . 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 inrwTed by each of
them in connection therewith or in enforcing the indeninity'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
EXHIBIT 2
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CITY OF SANTA ANA
DONATION AGREEMENT WITII EL CENTRO CULTURAL DE MEXICO
Page 3 of 3
individuals who have signed this Agreement have the legal power, right and authority to make this
Agreement bind each respective Party.
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest:
By:
Maria D, Huizar
Clerk of Council
Approved as to Form:
By Tom•
j6fni M. Funk
Assistant City Attorney
EL CENTRO CULTURAL DE MEXICO
a 501(c)3 NON - PROFIT ORGANIZATION
By:
Signature
Name
Title
EXHIBIT 2
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