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Home My WebLink About25O - AGMT - ART EXHIBITREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 21, 2016 TITLE: DONATION AGREEMENT WITH ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER TO SUPPORT AN ART EXHIBIT (STRATEGIC PLAN NO. 5,4) CITY MANA RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" 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 Orange County Children's Therapeutic ARTS Center 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. Mayor Pro Tern Sarmiento recommends appropriating $1,000 to Orange County Children's Therapeutic ARTS Center to support an event that was held on Thursday, June 9, 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). 250 -1 Donation Agreement with Orange County Children's Therapeutic ARTS Center June 21, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Special Event Sponsorship Policy are available in the fiscal year 2015 -16 General Non - Departmental account (01105015- 62300). The $1,000 will be spent from Mayor Pro Tern Sarmiento's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: �a Francisco Gutierrez .-All Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 250 -2 Name: Dr. Ana Jimenez -Hama hlo; Executive Director [ cldrose: 12215 North Broadway Iclty, state, zip: Isanta Ana, CA 92706 Phone; 714 - 547 -5466 Eman; ana @occtac.org Fax: 714 - 564 -9690 (Name: IOrange County Children's Therapeutic ARTS Center Tax- Exempt Status: Is your organization a non - profit or public tax - exempt organization as elect One: d' efined under Section 501(c)(3) of the Internal Revenue Code? � F'Z Yes �❑ No ll No, you will only qualify for a credit for City - related costs far your request 6.e. permit fees, f Yes, Q Q tall time, rental rates forfacllltfes or equipment, etc.), Costs for City services vary and if 3 e.? ®9 3 ®8 9 + � Ipproved, credit may ormaynot coverfullcost of requested Cityservices. ax IDM City Services Credit ,I� ate Needed: [June 9, 2016 5 r °�,, 4iity Of Santa Iona City City Managor's Office- M -21 20 Civic Center Plaza ,r { �` Donation Request P.O. Box 1988 Santa Ana, CA 92702 ,s �'�" Direct Payment Amount �—QOQ '41 l 647.5200 Name: Dr. Ana Jimenez -Hama hlo; Executive Director [ cldrose: 12215 North Broadway Iclty, state, zip: Isanta Ana, CA 92706 Phone; 714 - 547 -5466 Eman; ana @occtac.org Fax: 714 - 564 -9690 (Name: IOrange County Children's Therapeutic ARTS Center Tax- Exempt Status: Is your organization a non - profit or public tax - exempt organization as elect One: d' efined under Section 501(c)(3) of the Internal Revenue Code? � F'Z Yes �❑ No ll No, you will only qualify for a credit for City - related costs far your request 6.e. permit fees, f Yes, Q Q tall time, rental rates forfacllltfes or equipment, etc.), Costs for City services vary and if 3 e.? ®9 3 ®8 9 + � Ipproved, credit may ormaynot coverfullcost of requested Cityservices. ax IDM City Services Credit ,I� ate Needed: [June 9, 2016 IMayorlCOUnollmombor: Sarmiento mount Requested: Donation Request #: DR Direct Payment Amount �—QOQ '41 Event Dato: Jun @9 2016 , Event Time: 6:00 pm Requested: + Eligibility Met: YES / NO Approved Amount: F t l.ocatloru ss, City, State, Zip The Estate Building In Downtown Santa Ana - 207 West Second Street, Santa Ana, CA 92701 Date: A celebration of Santa Ana students Art work and professional artists in the heart of Downtown, Santa Ana Artist M(lagel Description of Elementary and Middle school students from the Santa Ana Unified School Dlstrictwlll exhibit their Artwork and share their Events Purpose: artlstic efforts throughout the yeanvlth their parents, family members, friends and the Santa Ana community. Professional Artists will also exhibit their work to motivate and Inspire students to continue learning and reach for higher standards. me cityof Santa Me laavibrantANstta mmmuni(yvAes many pmlesslw+et anisls. sanfa Ma also has many talented youth wdstsl This evontvAl celebrate Me An ammpilshm4nls of Snout Ana youth, and pobillvely hnpauthelr solhasteern, pride and self- confidenw. Students will be exated to share Near MwontwlW Vselr parents, Community Benefit: femdy members and the communib. In eddiabn, youN will lean nom pmfamlonalards1s and be Nsplred by Nalrwark tpo.F,nt,mwre, this is an exnelknt edurat.nal expedenm for parents not only to sea Nelr students work, but also vim professional anwark. Many famlllas Nat No N Santa Me havo Run eayosu a to pmfesslonal a hibits end Mll leamto value this Atl loan. nna ^y, Nis isa9r¢ aI OPPSMnllybinlogmt ®boN NO Pubstz wmmuruly with ouraanta Ma /amities) Applidant Signglura: ° l r a: f_ (Mal- City Manager's Office -M -31 Email: donalionreguest @sanfa- ana.org 20 Civic Center Plaza Pax; (714) 647 -6964 P.O. Box 1988 Santa Ana, CA 92702 Revised 11/16/2015 EXHI IT 1 25-3 r "'>Y iata`IRrM1l� . ., rdn, ate, 2a ° r dare Donation Request #: DR Council Meeting bate: Reference 0 on all related OWs Eligibility Met: YES / NO Approved Amount: City Manager Signature: Date: Revised 11/16/2015 EXHI IT 1 25-3 250 -4 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 JUNE 21, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER, 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 funding to assist Recipient in EDUCATING STUDENTS AND THEIR FAMILIES ON ART FUNDAMENTALS ( "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 VICENTE SARMIENTO, believes there is a public purpose in supporting the Commrmity Benefit because it will CELEBRATE THE ARTISTIC ACCOMPLISHMENTS OF SANTA ANA YOUTH. 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 a past event that was held on Thursday, June 9, 2016, 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 fluids, Recipient agrees to use the fiends only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the fiends 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 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 aimtltm. 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 Exhibit 2 250 -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,A 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 reimbtuse 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. -- signatures on following page -- 2 250 -6 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA By: By: Robert C. Cortez Special Assistant to the City Manager City Manager's Office Attest: 0 David Cavazos City Manager Maria D. Huizar Clerk of the Council Approved as to Form: By: in/.� Ahn M. Funk Assistant City Attorney ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title 250 -7 250 -8