HomeMy WebLinkAbout25Q - AGMT - BOWERS EXHIBITREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 21, 2016
TITLE:
DONATION AGREEMENT WITH BOWERS
MUSUEM TO SUPPORT AN ART EXHIBIT
(STRATEGIC PLAN NO. 5,4)
CITY MAN ER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
_••:• .o
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" 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 Charles W
Bowers Museum Corporation 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 the Bowers Musuem to support
an ongoing exhibit, 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).
25Q -1
Donation Agreement with Bowers Museum
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:
�5
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
25Q -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
Name: Latin American Arts Council of Bowers Museum
--------- - ---- -- 1- .- --- I --- ---- -- ---- - -- ---- - -- - ----
Tax-Exempt Status; Is your organization a non-profit of public tax-exempt organization as 16elect One: y,,
;defined under Section 601(c)(3) of the Internet Revenue Code? ONo
If No, you will only qualify fore credit for City - related costs foryournequest (i.e. permit fees, ------
staff time, rental miss for facilities or equipment, etc.). Costs for City services vary and it
approved, credit may or may not cover full cost of requested City services. I Yale 133-0106161
17ax to
City Services Credit
$ Data Needed: Mayorfcouncilmombar; Sarmlento
mount Requested:
!Direct Payment Amount
$1,000 Event Date: Event Time:
Requested:
Event Location:
Bowers Museum 2002 N. Main Street, Santa Ana, CA 92706
Address, City. State. zip
To support the activities of Latin American Arts Council of Bowers Museum
Description of
Event/ Purpose:
pertaining to the exhibit: Virgin of Guadalupe:lmages in Colonial Mexico.
The Latin American Arts Council supports the Bowers Museum in presenting programs
iCommunity Benefit: and exhibits that display the b t
'7 d history of the arts and culture of Latin America.
'7u y an
Applicant Signature: Date: June 9, 2016
04_�__X�__ - — ____ -------- ----------
Mail: City Manager's Office —M -31
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
C"'
YES , 610
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Email: donationrequest@santa-ana.org
Fax: (714) 647-6964
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Revised 11/1612015
25Q -4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH CHARLES W BOWERS MUSEUM CORPORATION
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 CHARLES W BOWERS MUSEUM
CORPORATION, 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 SUPPORTING THE ACTIVITIES OF THE LATIN AMERICAN ARTS
COUNCIL OF BOWERS MUSEUM PERTAINING TO THE EXHIBIT "VIRGIN OF
GUADALUPE: IMAGES IN COLONIAL MEXICO" ( "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 Community Benefit because it
will PRESENT PROGRAMS AND EXHIBITS THAT DISPLAY THE ARTS AND CULTURE
OF LATIN AMERICA. 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 an ongoing event, 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 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.
12 Term; Termination of Agreement. This Agreement shall take effect on the date first
above written and remain in effect through Recipient's fall 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
tenminate 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.
1
Exhibit 2-
25Q -5
CITY OF SANTA ANA
DONATION AGRI;RME,NT
Page 2 of 3
3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the
City determines that the Kinds will be used for a purpose which may cause a significant risk of
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 Conununity 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 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
25Q -6
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 3
RECOMMENDED FOR APPROVAL
By:
Robert C. Cortez
Special Assistant to the City Manager
City Manager's Office
3
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest:
to
Maria D. Huizar
Clerk of the Council
Approved as to Form:
By:
Win M. Funk
Assistant City Attorney
CHARLES W BOWERS MUSEUM
CORPORATION a 501(e)3 NON - PROFIT
ORGANIZATION
By:
Signature
T as e
Title
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25Q -8