HomeMy WebLinkAbout25B - AGMT - DONATION ART COOPW
WOT1 Iff Mff Im •
CITY COUNCIL MEETING DATE:
FEBRUARY 16, 2016
CLERK OF COUNCIL USE ONLY:
TITLE: APPROVED
DONATION AGREEMENT WITH LATINO El
HEALTH ACCESS TO SUPPORT AN ART 1-1 El
COOPERATIVE
{STRATEGIC PLAN NO. 5,4)
As Recommended
As Amended
Ordinance on 18' 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 Latino Health
Access for a one -time donation amount of $1,500, 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 $1,500 to Latino Health Access
to support an art cooperative, Manos Unidas Creando Arte, 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 Latino Health Access to Support an Art Cooperative
February 16, 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 $1,500 will be spent from
Councilmember Angelica Amezcua's appropriated amount for FY 2015 -2016.
APPROVED AS TO FUNDS AND ACCOUNTS:
nhL\lg r R r 11
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
25B -2
City Manager's Office - M -31
City Of Santa Ana 20 Civic Center Plaza
Donation Request P.O. Box 1988
Santa Ana, CA 92702
a
(714) 647.5200
Contactlinformation
Fame:
Nancy Mejia
itle: Program Director
fAddress:
1450 W 4th St �- -
(city, State, zip:
(Santa Ana Ca 92701
fPnone: x17145427792
r ~u
r..,
email:
r_
nmejia @latinohealthaccess.org
���_
Fax
714 -542 -7792
Name: Latino Health Access
Tax - Exempt Status: Is your organization a non -profit or public tax - exempt organization as
defined under Section 501(c)(3) of the Internal Revenue Code?
Select One:
Yes ❑ No
If No, you will only qualify for a credit for City - related costs for your request (i.e. permit fees,
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if
If Yes,
w
33- 0562943
approved, credit may or may not cover full cost of requested City services.
ax ID #:
Ddniitlon Reauest'
City Services Credit
-_,
$
�_��
Date Needed:
/'i 9 /ZOt3
Mayor /Councilmember:
��
Amezcua �®
Amount RequestedT�J�Y_�..
Direct Payment Amount
Requested:
�-
Ig1, 500.00 Event Date: �On GDing Event Time:
(Event Location:
Community Center & Park Familias Corazones Verdes
Address, City, State, Zip
There are multiple benefits. One, it will create opportunities to awaken knowledge and talents of unemployed residents to
Description of
become entrepreneurs. It will also bring together the community's artistic knowledge so we can learn from each other (the
cooperative model allows for more members tojoin). It will also promote the recycling, reuse, and transformation of
Event /Purpose:
materials for creative and economic development purposes, and create a collective system of equitable and sustainable
production.
The donation will support the formalization of the cooperative Maros Unidas Creando Arta. LHA has been supporting the -
incubation of this micro - enterprise. The group consists of Santa Ana moms who were unemployed and were inspired to
F,,,,,,tyenefit:
collectively work to give life to new social, cultural, and economic opportunities in Santa Ana through the production of
crafts andjewelry with recycled materials. The donation will support the group in taking that next step to get incorporated
as an official business cooperative, to purchase materials needed for production, such as electric paper cutter, crafts glue,
I� -
jewelry supplies, and to pay fees associated with permits to sell teir products at various events and venues. -
IAppl l cant Signature: + (Date: I
a • c• s
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
T_—
Donation Request #: i DR -
Referenre 0 on all related APVS
Council Meeting Date:
Eligibility Met: 'I, YES I NO Approved Amount:
--- - -� -_-
City Manager Signature: _. _.. Date:
Exhibit 0 Revised 11/16/2015
LUGP_J
25B -4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH LATINO HEALTH ACCESS
1. PARTIES AND DA'Z'E
This Donation Agreement ( "Agreement ") is entered into on FEBRUARY 16, 2016 by and
between the City of Santa Ana, a municipal corporation ( "City") and LATINO HEALTH
ACCESS, 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 Raiding to assist
Recipient in FACILITATING AN ART COOPERATIVE FOR UNEMPLOYED RESIDENTS
( "Community Benefit "). The Parties wish to enter into this Agreement to establish the terms and
conditions under which the City will provide funding for this Community Benefit.
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 BRING THE COMMUNITY'S ARTISTIC KNOWLEDGE TOGETI -M, AND
PROMOTE UPCYCLING. 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,
FIVE HUNDRED DOLLARS ($4500) for an ongoing program, 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 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 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 farads will be used for a purpose which may cause a significant risk of
EXHIBIT 2
25B -5
CITY OR 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 heroin 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.
-- signatures on following page --
EXHIBIT 2
25B -6
CITY OF SANTA ANA
DONA'T'ION AGREEMENT
Page 3 of 3
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest:
By:
Maria D. I°Iuizar
Clerk of Council
Approwd as to Form:
By:
rJ n M. Funk
sststant City Attorney
LATINO HEALTH ACCESS
a 501(c)3 NON - PROFIT ORGANIZATION
By:
Signature
Name
Title
EXHIBIT 2
25B -7
r -oo