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Home My WebLink About29A - DONATION - MAKARA CENTERREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 16, 2017 TITLE: -_ _DONATION AGREEMENT WITH MAKARA CENTER FOR THE ARTS TO SUPPORT A LENDING LIBRARY AND ART CENTER - (STRATEGIC PLAN NO. 5,4) CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• 91 ❑ As Recommended ❑ As Amended ❑ Ordinance on I" 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 an agreement with Makara Center for the Arts 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. The resolution and policy outline 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. Mayor Pro Tern Martinez recommends appropriating $1,00 0 support a lending library and art center opening event that will in response to their donation request (Exhibit 1). Upon agreement (Exhibit 2) will be executed. STRATEGIC PLAN ALIGNMENT to Makara Center for the Arts to be held on Sunday, May 21, 2017, approval of this item, a donation 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). 29A -1 Donation Agreement with Makara Center for the Arts May 16, 2017 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015- 62300). The $1,000 will be spent from Mayor Pro Tern Martinez's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Sty^ Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29A -2 City of Santa Ana City manager's office— 20 NM nter Plaza n Donation Request P.O. Box 1988 Santa Ana, CA 92702 (714) 047 -5200 o Name: Man/ad Rubio Title: Executive Director Address: 322 Wakeham Ave city, state, ZIp: Santa Ana CA 92701 Phone: 714 -200 -4626 Email: , marytza@makaracenterarts.org Fax: Y 0 . • 0 B Name: Makara Center for the Arts Tax - Exempt Status: Is your organization a non -profit or public tax -exempt organization as Select One: defined under Section 601 (c)(3) of the Internal Revenue Code? Z Yes El No If No, you V All only quality for a credit for City- related costs foryour request il.e. permit fees, It Yea, - stalf8me, rental rates for facilities or equipment. etc.). Costs for City sorvkes very and yf g1- 1351769 approved, credit may or may not full cover cost of requested City services Tax ID #: Arty Services Credit Amount Requested; Y $ Date Needed: Ma odCouncilmember. Martinez . Direct Payment Amount Requested: $1000 Event Date: 5121; ongoing Event Time: Sal: 1 pm- 4:3a pm BOrgoug: Wad$al 1pmopm Event Location; 811 N. Main St Santa Ana CA 92701 Ad ian cdi, State, Zip Makers Center for the Arta Is opening a lending library & art center for Santa Ana residents in Mayl Requested funds will be Description of used for dally.free book distribution to Santa Ana residents, weekend family storylime, literacy activities, and support of a Event I Purpose: collaborative event with PEN Center USA on Sun., May 21 to provide professional development resources to Santa Ana writers. The Maude Lending Library & An Center will support the city's efforts to provide educational resources to its residents, and strengthen the Community Benefit: ads & alhae Infrastructure. By providing yearrcund across toglobel arts & culture resources and bilingual literature & arts programs, Makare alms to increase the city's literary rate (oNy 18% of 3rd graders meet the state standard foriiteracy & language arts), provide opportu�nitle for economic development foraNsts, and enocumile citywide reading Initlatives. /s Applicant Signature: •tai \ / Date: 4/24/2017 Mail: City Managers Office —M -31 Email: donationrequest @santa na.org _ 20 Civic Center Plaza Fax: (714) 847 -8954 P.O. Box 1988 Santa Ana, CA 92702 Revised 01/0512017 29A -3 29A -4 CITY OF SANTA ANA DONATION AGREEMENT WITH MAKARA CENTER FOR THE ARTS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on MAY 16, 2017 by and between the City of Santa Ana, a municipal corporation ( "City") and MAKARA CENTER FOR THE 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. REcrrALs 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING A LENDING LIBRARY AND ART CENTER ("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 MAYOR PRO TEM MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will PROVIDE EDUCATIONAL RESOURCES TO RESIDENTS, INCLUDING YEAR -ROUND ACCESS TO GLOBAL ARTS AND CULTURE RESOURCES AND BILINGUAL LITERATURE AND ARTS PROGRAMS. 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 ($1,000) for an event that will be held on Sunday, May 21, 2017, 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 terns 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 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. 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the hinds will be used for a purpose which may cause a significant risk of Exhibit 2 29A -5 CITY OF SANTA ANA DONATION AGREEMENT 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 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. 29A -6 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA Robert C. Cortez Deputy City Manager City Manager's Office m City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: By: I /il/. JYH M. Funk Assistant City Attorney MAKARA CENTER FOR THE ARTS a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title 29A -7 29A -8