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Home My WebLink About25E - AGMT - DONATION OCCTAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 7, 2016 TITLE: DONATION AGREEMENT WITH ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER TO SUPPORT AN ART EXHIBIT (STRATEGIC PLAN NO. 5, 4) CITY MANAGE •' CLERK OF COUNCIL USE ONLY: F1NI7Z9DlIIN ❑ 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 Orange County Children's Therapeutic ARTS Center for a one -time donation amount of $1,280, 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 Martinez recommends appropriating $1,280 to Orange County Children's Therapeutic ARTS Center to support an event to be held on Thursday, June 9, 2016 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). 25E -1 Donation Agreement with Orange County Children's Therapeutic ARTS Center June 7, 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 $1,280 will be spent from Councilmember Martinez's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: 4 r Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25E -2 Marta gor's City of Santa Ana City 20 CIVIC COffloo enter Plaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 0 (714) 647-5200 101ty Services Credit Martinez [Amount Requested. F�� Fj Ma orlCouncllmembar:. 110'rect Pa antAnnount RequestZm IlEvent Date: June 9, 2016 Name. _1Orange County Children's Therapeutic ARTS Center Tax-Exempt Status: Is your organization a non•profit or publIo tax-exempt organization defined under Section 601(c)(3) of the Internal Revenue Code? elect One: The Estate Building in Downtown Santa Ana - 207 West Second Street, Santa Ana, CA 92701 r No If No, you will only qualify for a credit for City-related "a for yourrequest (l.e. permit fees, staff time, rental rates turfacliffirs or equipment ota).Costs for City services very and It �f Yes, Actilebrallon of Santa Ana students Art work and professional artists lathe heart of Downtown, Santa Ana Artist VIlagal Elementary and Middle school students from the Santa Ana Unified School DIstrictwill exhibit their Art work and share theIr arflatIc efforts throughout the yearwith their parents, family members, Mends andthe Santa Ana Community, Professional Mies will also exhibit their work to motivate and Inspire students to Continue learning and reach for higher standards. approved, Credit may or may not Cover full Cost of requested CHy services. ax ID ]��3-0930891 [r- Ktgillpatogn Ira- ash, 101ty Services Credit Martinez [Amount Requested. F�� Fj Ma orlCouncllmembar:. 110'rect Pa antAnnount RequestZm IlEvent Date: June 9, 2016 Event Time: PM Event Location: The Estate Building in Downtown Santa Ana - 207 West Second Street, Santa Ana, CA 92701 r AddrOsS, City, State, Zip ase ptlon FE,,nrtli PrVoof,07-11 Actilebrallon of Santa Ana students Art work and professional artists lathe heart of Downtown, Santa Ana Artist VIlagal Elementary and Middle school students from the Santa Ana Unified School DIstrictwill exhibit their Art work and share theIr arflatIc efforts throughout the yearwith their parents, family members, Mends andthe Santa Ana Community, Professional Mies will also exhibit their work to motivate and Inspire students to Continue learning and reach for higher standards. Community Sairsofit-, Sarigana also has Manyteballdly0ath .611al Thl, verfavol orebmto In, M am wirshmart. ofS.rAft Me AxIb, Ad prr.avely lWaot ftalrself-eoae� pride and Whoonfidohc,a, thadeAdamr to exciled to sham MaY parents in droton, �ffi vAh [daft Rom professional torlisr and be resisred by ImIr avork W. arAdi far evronts mto* to see their atodenta A Wit also vim professional Ad vvork. Many fanfllot that Mrs In sorat Area have Moe GXPDSUfS 19 M0140011 0XIMUS ail Fiftffly, Mrs a a great apponrunny to Integrate both Me Arests cenrivurzy motti our Santa Me famMa.) 4 - ---------- Ktgillpatogn Ira- ash, 7 A W, 710% N a M-0— 161, WE' 0 73 �M 00 Mail: City Manager's Office -M -31 Email: donaftonrequest@santa-ene.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. BOX 1988 Santa Ana, CA 02702 Revised 111'1612015 F� J21T 25 Xlj E-1 25E -4 CITY OF SANTA ANA DONATION AGREEMENT WITH ORANGE COUNTY CHILDREN'S THEAPEUTIC ARTS CENTER 1. PARTIES AND DATE This Donation. Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER, 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 EDUCATING STUDENTS AND THEIR FAMILIES ON ART FUNDAMENTALS ( "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 MICHELE MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will CELEBRATE THE ARTISTIC ACCOMPLISHMENTS OF SANTA ANA YOUTH. 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 TWO HUNDRED EIGHTY DOLLARS ($1,280) for an event to be held on Thursday, June 9, 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 terns of this Agreement, City shall have the right to tenminate 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 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 purposes of the City's protection, if the City determines that the fimds will be used for a purpose which may cause a significant risk of 2M06 injury, the City rriay, 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 Agreemen. t. 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. 2 MIT6 RECOMMENDED FOR APPROVAL By. -- Robert Cortez Special Assistant to the City Manager City Manager's Office 3 93 CITY OF SANTA ANA By: David Cavazos City Manager Attesl: By: Maria D. Huizar Clerk of the Council Approved as to Form: By: Lisa Storck Assistant City Attorney ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER a 501(e)3 NON- PROFFF ORGANIZATION By: Signature Name Title 25E -8