HomeMy WebLinkAbout25P - AGMT - DONATION OCCTACREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MAY 3, 2016
TITLE:
DONATION AGREEMENT WITH ORANGE
COUNTY CHILDREN'S THERAPEUTIC
ARTS CENTER TO SUPPORT A
CLASSICAL MUSIC PROGRAM
(STRATEGIC PLAN NO. 5,4)
CITY MANAG R
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
15TIV100116AW91
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
Ia11:80R]LVAI NIV
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 $1,500, 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 Amezcua recommends appropriation of $1,500 to Orange County Children's
Therapeutic ARTS to support an event to be held on Friday, July 1, 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).
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Donation Agreement with Orange County Children's Therapeutic ARTS Center
May 3, 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:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
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City of Santa Ana CIry 820 Civic Center Plaza
g,
Donation Request P.O. Box 1988
Santa Ana, CA 92702
�- (714) 647.5200
e . e
'Name Dr. Ana Jimenez-Ham! lite: I Executive Director
1.4ddres�---� 5--
2215 North Broadway
c ti y, stats, Zip: Santa Ana, CA 92706 phone: 1(714) 547-5468 Ext. 307
(Email: ana@occtac.org � x(714) 564 - 9690
9 a
Name: Orange County Children's Therapeutic ARTS Center
(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? I Ir V Yes ❑ No
IIt No, you will ontyquelify for a credit for City-related costs for your request (r, e. permit lees, r""--� - - —
If Yes, �
lI33-0930891
taffWrrie, rental ralasforfacilities orequipment, eta.). Costs for City services vary and if
to
lap You,, credit may ormay not cover full cast of requested City services. (Tax
City Services es Credit $ pate div eae d
iAmouat Requested: I i
Mayor/CouAmezcua
Direct Payment Amount I 'Event Date:
1
_____F6
June 1, 2016 Time:
6 00 pm
IRequosted: ,500
(Event
ent Location:
[Addrow,
OCCTAC Classical Music program's Community Concert at the Ebel[ Club In Santa Ana (625 French
W1,, stare,z/p
Street, Santa Ana, CA, 02701).
OCGTAC will celebrate and feature the accomplishments of the Santa Ana students engaged in out first Classical Music
Description of
program sponsored by the City of Santa Ana, Community Development Block grant. These students began the program in
Event I Purpose:
July 2015 and have been learning about Classical music and how to play a musical instrumeriL violin, viola, guitar, Flute,
clarinet and saxophone.
Santa Ana parents wilt learn about Classical Musk and listen to their children perform a different style of music they are not as familiar with.
Community Benefit:
This experience will educate our families and bring new opportunities for our Santa Ana students. Also, our students will have the
opportunity to celebrate their accomplishments and look forward to continue their musical /artistic growth. Furlharmors, this experience wit
boost students level of confidence and self-esteem, as well as motivate them to continue to practice and gat betlerl
Applicant Signature:
,. _
atl e; April 8,_206
Mail: City Manager's OfFlce-M•31T�^ Email: donatlonrequest@santaana.org
20 Civic Center Plaza Fax: (714) 647.6954
P.O. Box 1988
Santa Ana, CA 92702
,
Donation Request #:
Reforonce got) all related UPVs
II
DR I Council Meeting Date I�
(III
Eligibility Met:
YES/NO I Approved Amount
City Manager Signature.
Date:
_
Revised 11/16/2015
�YrkW;IT.d
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CITY OF SANTA ANA
DONATION AGREEMENT
WITH ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on MAY 3, 2016 by and between
the City of Santa Ana, a municipal corporation ("City") and ORANGE COUNTY CHILDREN'S
THERAPEUTIC ARTS CENTER, 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 EDUCATING STUDENTS AND THEIR FAMILIES ON CLASSICAL MUSIC
AND MUSIC APPRECIATION ("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 Pui o�se. The City, by recommendation of COUNCILMEMBER
ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit
because it will HELP STUDENTS BUILD CONFIDENCE AND SELF-ESTEEM THROUGH
MUSIC. 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, FIVE HUNDRED DOLLARS ($1,500) for an event to be hold on Friday,
June 1, 2016, because the City has determined that there is a public purpose to be served in
supporting the Community Benefit. hi 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 Tern 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 funds will be used for a purpose which may cause a significant risk of
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 trairna 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 wrongf it 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 Cominuriity 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 tennination 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 maybe 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 followingpage --
EXHIBIT 2
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CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 3
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest:
By:
Maria A. Huizar
Clerk of Council
Approved as to Form:
By:
J n M. Funk
Assistant City Attorney
ORANGE COUNTY CHILDREN'S THERAPEAUTIC ARTS CENTER
a 501(c)3 NON-PROFIT ORGANIZATION
By:
Signature
Name
Title
90102
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