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Home My WebLink About29E - DONATION AGMT - PULIDOREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 21, 2017 TITLE: DONATION AGREEMENT WITH ARTS ORANGE COUNTY FOR SANTA ANA SITES PUBLIC CONCERTS {STRATEGIC PLAN NO. 5, 4} 'Norl Ed 01r. 01 10 -Z CITY MANA6ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ 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 Arts Orange County for the Santa Ana Site public concert events for a one-time donation amount of $3,500, 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. 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. Mayor Pulido recommends appropriating $3,500 to Arts Orange County to support three Santa Ana Sites public concerts that will be held on from May 4-20, 2017, in response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. 29E-1 Donation Agreement with Arts Orange County for Santa Ana Sites Public Concerts February 21, 2017 Page 2 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). 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 $3,500 will be spent from Mayor Pulido appropriated amount for FY 2016-17. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29E-2 am City of Santa Ana Donation Request 'Name: ;Rick Stein iAddreaa: 17620 Fitch Avenue Suite 255 _ _ � - -. �- ----- 'city, state, zip. !Irvine, CA 92614-6081 Orange County City Manager's Owe- M-31 20 Civic Center Plata P.o. Sox 7989 Santa Ana, CA 92702 (714) 0475:09 Title: ,President & CEO Peano: 714,556.5160 Fax: 714.556.5099 Tax�Exampt Status: lsyaur orpaniza9fon anon -profit or pubes fazaxarnpt or9anizailon as moat Ono: da0nad under SealWn 001(0)(3) ottna Internal Revenue coda? You No Clava, you "f only qualW fora credit WCRy-relaled costs for yourregaaat fl, a. permnreea, - ,stalf0ma:- lantat rates for focit7Nes orequipment otC).Costs forCifyservfaea vary and if df Yoe' 33-0668009 ,0ppravad, crad8 mayor maynot Cover full Cost of requested City so res, Tax lb p: It Ro ueste : bate Neadsd: !March 2, 20'17 MayorlCounatlmembor: {Pultdo It Roquastad:. /}� V PaymonlAmount 'vont Oats :ilf12r4 May Z0 ,EventTrma: ;Tri , sled Location; Church o the Messiah - 614 N. Bush St, Santa Ana CA 92701 & Frida Cinema 305 E. 4th St, {j v Gnu 8rare. un iSantaAnaCA92701 & Bowers Museum - 2002 N. Main St, Santa Ana, CA 92706 Santa Ana Sites will present three publicconcertsfrom May 4 -May 20. Santa Ana Sites is a spoon of Icommunity partnership, presenting performances in public and private spaces in Santa Ana. Arts /Purpose: Orange County will act as fiscal receiver for the projects. -M•31 i. P.O. Box less j Santa Ana, CA 92762 Ace SRO Past Sims Elfitiwufl'y Mat city managar 819"Ituro: ormoam Ne eammuniy by onrnuroHirp the dternwry htdwrsoamirhmpnlsane i acmgvmc. koapina admissen pnmhharmnhlylva •pdwerenpo horn hhobwider wllipla hiyi tlsHalryproehplhHmmn, eheddirgpovitivo llHM on alo 9w,b,6nahulbal i .. t_.� ._......... Small: donatlonrageastillisanta-ana.org j Pax: (714) 647.6954 , ? Council Maatln9.Araht• A paovail Amount^. _....� 1 para! 29E-3 Revised 01/0572017 29E-4 CITY OF SANTA ANA DONATION AGREEMENT WITH ARTS ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on FEBRUARY 21, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and ARTS ORANGE COUNTY, 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 THREE PUBLIC CONCERTS AS ORGANIZED BY SANTA ANA SITES ("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 PULIDO, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE ARTS IN THE COMMUNITY, ENCOURAGE THE DISCOVERY OF DIVERSE ENVIRONMENTS AND CULTURE. 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 THREE THOUSAND FIVE HUNDRED DOLLARS ($3,500) for a series of three public concerts that will be held from May 4-20, 2017, 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 fimds, 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 Tenn; Termination of Agreement, ement, 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 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 injury, the City may, in its sole discretion, require Recipient to provide certain insurance and 2��Tt CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 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 Oversi¢ht by Com, 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, demand's, 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 acid 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 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 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 perforin 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. EXHIBIT 2 29E-6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL Robert C, Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA M Attest: Gerardo Mouet Acting City Manager Maria D, Huizar Clerk of the Council Approved as to Form: By: arz, lis. Z.44_ Jfjn M. Funk Assistant City Attorney ARTS ORANGE COUNTY a 501(c)3 NON-PROFIT ORGANIZATION to T 7 Signature Name: Rick Stein Title: President & CEO 29E-8