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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 �I��R11�if7 =17 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). 25J -1 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 25J -2 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 -'�s•� Ali 25J -4 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 25J -5 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 25J -6 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 25J -7 25J -8