HomeMy WebLinkAbout25B - AGMT - DONATION - RELAMPAGOREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2016
TITLE:
DONATION AGREEMENT WITH
RELAMPAGO DEL CIELO, INC.
(STRATEGIC PLAN NO. 5,4)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
I_1�:7:ZiDt
❑ 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 an agreement with Relampago
Del Cielo, Inc. for a one-time donation amount of $2,500, 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 $2,500 to Relampago Del Cielo,
Inc. to support an ongoing performing arts and Mexican folkloric dance program 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).
25B-1
Donation Agreement with Relampago Del Cielo, Inc.
May 3, 2016
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 $2,500 will be spent from
Councilmember Angelica Amezcua's appropriated amount for FY 2015-2016.
APPROVED AS TO FUNDS AND ACCOUNT .
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
25B-2
City of Santa A
F yclDonation Roquess
City manacpoe s Office — 4'A31
20 Civic Conker Ptaxe
P.O. Box 1088
San Fa Ann, CA 92702
(114) 047.5200
Name: Luz Mdndez Title: Relarripago del Carlo, Inc. Vice President
3750 W, McFadden Suite E
City, State, zip: Santa Ana, Ca. 92704 Phone: (951)850-8858
Email: 1pmendezll @aol.com Pax:
s-avr s. x=' e.'' .',,.Me K `is r re!�.•i'�.;n Eg' i. < :,:. z ,4,. 1 E u.;f'cc9``-'..#�tvi ate'
- pag• del Cielo,
Tax -Exempt Status: is your organization a non-profit or public tax-exempt organization as Select one:
defined under Section 501(o)(3) of the Internal Revenue Code? 0 Yes ❑ No
If No, you will only qualify for a credit for City -related costs foryourrequest(i.e. permit fees, if Yes,
P. nx
staff time, rental rates forfacilitias or equipment,etc.).Costs for City services vary and if 95-3t783493
approved, credit may or may not cover full cost of requested City services. Tax 1D
City Services Credit
Date Needed: MayorlCouncilmember: Amazoua
Amount Requested:
Direct Payment Amount
Requested:
Event Location:
Address, City, State, Zip
Description of
Event/Purpose:
Community Benefit:
Applicant Signature:
$2,500 Eventuate: April -June 20Event Time: Saturdays, 8:00-1:00 PM
1010 N. Main St. Santa Ana, CA 92701
Orange County School of the Arts/Annex,
Purpose: To support the study and proservarron of tmdltional Mexican performing ads through music and holders dance. Our objectives and efforts are
reneged on having the children and youth of our community strengthen their cultural pride and sense of self confidence through the instruction of Meedcan
folkloric dance. We achieve these goals by providing a structured dance program wilh high quality instruction that demands concentration, hard work and
dedication in an enjoyable formal. The organization takes pride in offering classes to children, regardless of their ability to pay by providing scholarships.
Community Benefit: During its 40 years of hlatary, Rei3mpago has been earvi.q. a cultural enrkirmoni oarvim to Via community, of Santa Ana, which has shealeusly suppoded and
applauded the orgamheflan, euratedems parts=in educallonal, sufloi business and community events tMoughaul Orange County. Relampago inangb believes trial eaching
the slutlenlx' famib-edeelod veWea pke dedication, VaUAion, tllsrlpilna and education, will M1ava a posglve inguvnca In 9teirllves and help them reaUi iheV aeaUemic and adlslic gonb.
Mail: City Manager's Office — M-31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
Dater ac.
Email: donationrequest(-dtsanta-ana.org
Fax: (714) 647.U9 4
Exhibit 1
Revised 11/16/2015
25B-4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH RELAMPAGO D L—C—IELO,—INC.
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on MAY 3, 2016 by and between
the City of Santa Ana, a municipal corporation ("City") and RELAMPAGO DEL CIELO, 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 IMPROVING ACADEMICS AND ARTS THROUGH CULTURAL
ENRICHMENT SERVICES ("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
ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit
because it will STRENGTHEN CULTURAL PRIDE AND SELF-CONFIDENCE THROUGH
THE STUDY AND PRESERVATION OF TRADITIONAL MEXICAN PERFORMING
ARTS, The foregoing is a general description of the public purpose, and is not necessarily the only
public purpose to be gained from the Commiuuty Benefit,
3. TERMS AND CONDITIONS
3,1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of
TWO THOUSAND, FIVE HUNDRED DOLLARS ($2,500) for an ongoing program that will
occur from April 2016 through June 2016, 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 fonds 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 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%) per annum.
Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any
expiration or termination of this Agreement.
3.3 Waivers, Insurance or Other Obligations. For proposes 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
T 25 2
CITY OF SANTA ANA
DONATION AGREEMENT — RELAMPAGO DEL CIE, LO
Page 2 of 3
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 Autbority 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 2
25B-6
CITY OF SANTA ANA
DONATION AGREEMENT - RELAMPAGO DEL CIELO
Page 3 of 3
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest:
By:
Maria D. Huizar
Clerk of Council
Approved as to Form:
By: 04 Ix" -FL �
----
J Jn M. Funk
ssistant City Attorney
RELAMPAGO DEL CIELO, INC.
a 501(e)3 NON-PROFIT ORGANIZATION
By:
Signature
Name
Title
2'994