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Home My WebLink About25G - AGMT - MUSIC BOOSTERSCITY COUNCIL MEETING DATE: APRIL 5, 2016 TITLE; DONATION AGREEMENT WITH SANTA ANA MUSIC BOOSTERS FOUNDATION TO SUPPORT A CHOIR PROGRAM (STRATEGIC PLAN NO. 5, 4) CITY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on tat Reading ❑ Ordinance on 2 °d 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 Santa Ana Music Boosters Foundation for a one -time donation in the amount of $800, 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 Roman Reyna recommends to appropriate $800 to Santa Ana Music Boosters Foundation to support an on -going music and fine arts program in Santa Ana, 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). 25G -1 Donation Agreement with Santa Ana Music Boosters Foundation April 5, 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 $800 will be spent from Councilmember Roman Reyna's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Cam" CY�A` 4 Sal° Francisco Gutierrez a ! Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25G -2 City of Santa Ana Donation Request City Manager's Office— M -31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647 -5200 7 nt act Info nitration (Name; Kathryn Cobb Woll Choir Teacher (Address: 1520 W Walnut St city, state, zip: I Santa Ana CA 92701 'IPhons: 1714- 851 -3458 IEmaBt 1 kathtyn.cobbwoll @sausd.us (Fax: I Name: Santa Ana Music Boosters Foundation (defined under. Seo Tax- Exompt Status: Is your organization a non -profit or public tax - exempt organization as Select One: ❑ ❑ lion 501(0)(3) of the internal Revenue Code? ✓ Yes No If No, you will only qualify for a credit for City- related costs far your request fii.e. permit fees, i staff time, rental rates for facilities or equipment, etc.).Costsfor City services vary and If If Yes, 322-0124588 $AAroved, credit may or may not cover full cost of requested City services. (Tax ID #: City services creme Is 800 Date Needed: ( February 2016 Mayor /Councllmember: Rayne Amount Requested: (Direct Payment Amount Requested: is 800 (Event Date: 104 101!16 -04 /% IEvent Time: All Day Event s- ct C Address, lry,y, State, e, 21p 520 W Walnut St, Santa Ana, CA 92701 The Foundation's primary purpose is to support music and fine arts programs in Santa Ana The foundation accomplishes this by Description of i providing the fallowing: vocal coaching; piano tuning and accompaniment; music supplies, including props, costumes, sheet music, Event / Purpose: I instruments, and uniforms and robes; busing and transportation for performances and program - related field trips, production costs, ! I including promotional materials: and scholarships to individuals majoring in music education or music performance. CammumtyBOnefit: Promotes the value in the Arts and encourages young people to stay engaged in after school activities in a positive way. I Applloont Signature: Rate. 01 /04/2016 Mail: City Manager's Office —M -31 Email: donationrequest @santa - ana.org 20 Civic Center Plaza Fax: (714) 647.0954 P.O. Box 1988 i Santa Ana, CA 92702 Donation Request #: DR - r r. „ -m • s r , r,rrn!„:n I Council Meeting Date: Eligibility Met, YES / NO 1 City Manager Signature: Approved Amount: _. I Cate: Exhibit 1 Revised 11116/2015 25G -4 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA MUSIC BOOSTERS FOUNDATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on April 5, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and SANTA ANA MUSIC BOOSTERS FOUNDATION, 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 PROMOTING THE ARTS AND ENCOURAGING YOUTH TO ENGAGE IN EXTRA - CURRICULAR ACTIVITIES ( "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 ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will SUPPORT MUSIC AND FINE ARTS PROGRAMS IN SANTA ANA. 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 EIGHT HUNDRED DOLLARS ($800) for an on -going 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 fluids 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 retain of the funds pursuant to Section 3.2 below. 3.2 Tenn Tennination 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 fluids will be used for a purpose which may cause a significant risk of Exhibit ?_ 25G -5 CITY oT 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 Oyersitrht 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, employces, 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 wrongfal 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 theirs 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. 25G -6 CITY or SANTA. ANA DONATION AGRrEMENT Page 3 of 3 CITY OF SANTA ANA By: Attest: David Cavazos City Manager Maria D. Huizar Clerk of Council Approved as to Form: By p0,.. e*,, F Min M. Funk Assistant City Attorney SANTA ANA MUSIC BOOSTERS FOUNDATION a 501(c)3 NON- PROFIT ORGANIZATION By: Signature Name Title 25G -7 25G -8