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Home My WebLink About25P - AGMT - ART EXHIBIT 2wum l =wl 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) c CITY MANAG 1:I*lo]inIJi14z17��7a[��[�7�1 CLERK OF COUNCIL USE ONLY: _0200• 51 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1st Reading ❑ Ordinance on 2 n 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 $250, 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 Reyna recommends appropriating $250 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). 25P -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 $250 will be spent from Councilmember Reyna'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 25P -2 a,,,1x City Manager's Office — M•31 .i City of Santa Ana 20 Civic Center Plaza ,u s Donation R6gU @SL P.O. Box 1988 Santa Ana, CA 92702 ''Z"Q° (714) 647 -5200 IName; I Orange County Children's Therapeutic ARTS Center lanizatlon a non -profit or public tax- exempt organization as ISelect One: of the Internal Revenue Code? 7 Yes ❑ No will only quality fora credit for City- related costs for your request (i.e. permit fees, if Yes, rental rates for facilities or equipment, etc.).Costs for City services vary and if _ g 3 ®8 91 credit may ormaynot coverfull cost ofrequested City services. axlD #; s-e `v .= 2s.- ty yw^ ui^,.re} a �...- �City 9ervicea Credit �� Date Needed: I»�� June 9, 2016 MayorlCOUncllmember; Reyna ountRequested: I Approved Amount: City Manager Signature: Direct Payment Amount �� Event Date: e �[� June 9 2016 Event Time: �';(�� 111 �p m Requested: Event Locatlon: Address, Ctrg State, 21p The Estate Building In Downtown Santa Ana - 207 West Second Street, Santa Ana, CA 92701 A celebration of Santa Ana students Art work and professional artists in the heart of Downtown, Santa Ana Artist Mi agel Description of Event/ Purpose: Elementary and Middle school students from the Santa Ana Unified School District will exhibit their Art work and share their artistic efforts throughout theyearwith their parents, family members, friends and the Santa Ana community. Professional Artists will also exhibit thelrwork to mo8vate and Inspire students to continue learning and reach for higher standards. Community Benefit: The 0Iy of aanla An015 0 V!brAnt Adiepe Comman!y aftb many notassnoted goosed. Santa Ana also has Mal talented youth artatal This event Ml adebrale the Alt oaomplishatenb of Santa Anayouth, and PositNaly Impeat Ihelr selPssteem, pride and.0- aaafidanra, stu&rtsmll be extlted to share Ihar Adworbxilh thePparents, famllymemhalsandulewmvmn'lly. In eddMon, youth V-1 lead from prelesslanal aNsts and be lasp!rad by thelrwOR too. Fudhermnre,thlab en axce!!enl educaEOnel expedenoe for parents not only to see Italy studenbwak but shovtaw prof sserat art vmrk Many WOW that INe InSanta Ana have riffle exposure to professorial AAlbhs endwlll loam to luo th!sAdro.,No.11y this Is great oppoMrJH to Integrate born the Artists wmamntlyveth ouraanta Ana famlesl .........._ C_...Appllcerit Signature: , r a Date May '131 2016 '. ;: �� :. Mall: City Manager's Office —M•31 Email: donationrequest@santa- ana.org 20 Civic Center Plaza Fax: (714) 847 -6984 P.O. Box 1988 Santa Ana, CA 92702 Revised 11116/2015 2SP1 S ll�JN Crt fOib+3t DR • Council Meeting Date: It }I�'n." age, �re,n r_°,'tt'1 " "��o-"'�AWom ^s� ;i;?i �'_ ✓3- 3-Y.wt Donation RequestM Iteferenca It on all felated DPVS Eligibility Met: YES 1 NO Approved Amount: City Manager Signature: Date: Revised 11116/2015 2SP1 S 25P -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 fiuiding 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 COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community 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 TWO HUNDRED FIFTY DOLLARS ($250) 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 fields only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the finds 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 fiends 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 through Recipient's Rill 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 pursuantt 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 1 Exhibit Z 25P -5 CITY OF SANTA ANA DONATION AGRrENIENT 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 farms, 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 land 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 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. 2 25P -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA By: Robert C. Cortez By: Special Assistant to the City Manager David Cavazos City Manager's Office City Manager Attest: C Maria D. Huizar Clerk of the Council Approved as to Form: By: uz M. Funk Assistant City Attorney ORANGE COUNTY CHILDREN'S THERAPEUTIC ARTS CENTER a 501(e)3 NON - PROFIT ORGANIZATION By: Signature Name Title 25P -7 25P -8