The URL can be used to link to this page

Home My WebLink About29B - DONATION SAHS WINTER CONCERTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: NOVEMBER 15, 2016 TITLE: DONATION AGREEMENT WITH THE SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS TO SUPPORT SANTA ANA HIGH SCHOOL'S WINTER CONCERT (STRATEGIC PLAN NO. 5,4) f CITY MANAG RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: :'•:• _.s, ❑ 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 the Santa Ana High School Marching Band Boosters 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. The resolution and policy outline 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. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in -kind funding for City Services. Councilmember Reyna recommends appropriating $1,000 to the Santa Ana High School Marching Band Boosters to support Santa Ana High School's Winter Concert that will be held on Wednesday, December 14, 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). 29B -1 Donation Agreement with the Santa Ana High School Marching Band Boosters November 15, 2016 Page 2 FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016 -17 General Non - Departmental account (01105015 - 62300). The $1,000 will be spent from Councilmember Reyna's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: 'ZL Ci[dc�cs4� "t Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 29B -2 City Manager's Office - M-31 City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 (9) (714) 647-5200 Name: Victor _ de- lo s Santos (Title; - ----- Director - . - o - f - Ba - i I A - ddre - ss: -------- 1520 - West W a In ut Street !City, State, Zip: (Santa Ana, CA 92701 pl, lEmall: iFax: 714-567-4998 I- Name sara -Ana High School Marching -Band -Boosters - - - - 0 iSelect - - , One Tax-Exempt Status: Is your organization a non-profit or public tax - exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? I Y" ❑ No If No, you will only qualify for a credit for City-related costs for your request (i. a. permit fees, Y s —a staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if 95 6002823 approved, credit may or may not cover full cost of requested City services. �Tax ID 4. i I ClivY_&;;_ice_1C1ed_ft —_ ___ - - , I _ . Amount Requested: Date Needed: MayorlCouncilmember: I ------ - -- ---- - - - -Reyna Dinoct Payment Amount -------- -- Re $1,000 lEvent Date: 12/14/16 Event Time: 7:00 pm Event Location: Santa Ana High School Address, City, Slate, Zip 520 West Walnut Street, Santa Ana, CA, 92701 Description of Santa Ana High School's Winter Concert. The concert is to bring our community to I together for an evening full of music performed by the youth of Santa Ana High School. Event /Purpose: ITF�e_ co- m—m u-n-i-t-y- will -benefit from — their own family - members perform a high Community Benefit: I level of music. Instead of bring outside groups, this educate our community about Ithe high leve of music being offered in our public school system. lApplicant Signature: i Date: 19/13116 Mail: City Manager's Office -M31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Email: donationrequest@santa-ana.org Fax: (714) 647-6954 29B-3 Revised 11/16/2015 r•- CITY OF SANTA ANA DONATION AGREEMENT WITH THE SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on NOVEMBER 15, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and the SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS, 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 HOSTING SANTA ANA HIGH SCHOOL'S WINTER CONCERT ( "Community Benefit"), The Parties wish to enter into this Agreement to establish the terms and conditions render which the City will provide ftinding. 2.2 Public Propose, The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE THE APPRECIATION OF MUSIC AND PROVIDE A WELL- ROUNDED LEARNING EXPERIENCE FOR STUDENTS. 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 event that will be held on Wednesday, December 14, 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 funds, Recipient agrees to use the Rinds only for the purpose described and subject to the germs and conditions provided for in this Agreement. Should Recipient fail to use the Rinds 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 Term; 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 Rinds 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. Exhibit 2 r•- CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the finds 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 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 vo}Imteers 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 execrate, 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 Panty, r•- CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL M CITY OF SANTA ANA ®� By. Robert C. Cortez David Cavazos Deputy City Manager City Manager City Manager's Office Attest: By' — Maria D. Huizar Clerk of the Council Approved as to Form: By: J m M. Funk Assistant City Attorney SANTA ANA HIGH SCHOOL MARCHING BAND BOOSTERS a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title 29B -7 r•-