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Home My WebLink About29A - DONATION - SA BOOSTERSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: APRIL 18, 2017 TITLE: DONATION AGREEMENT WITH SANTA ANA MUSIC BOOSTERS FOUNDATION TO SUPPORT THE ARTS AND LITERARY FESTIVAL {STRATEGIC PLAN NO. 5,4) Ci CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl 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 Santa Ana Music Boosters Foundation for a one -time donation amount of $2,000, 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 Benavides recommends appropriating $2,000 to the Santa Ana Music Boosters Foundation to support the Santa Ana Unified School District's Arts and Literary Festival event that took place March 4, 2017 in downtown Santa Ana 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). 29A -1 Donation Agreement With Santa Ana Music Boosters Foundation to Support the Arts and Literary Festival April 18, 2017 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 $2,000 will be spent from Councilmember Benavides's 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 29A -2 C City of Santa Ana s Donation Request GkY ddanapar'a ®70x9 -wi 20 CWIc Center Plata AO. sox lose Santa Ana, CA 92702 (1114) 547.6200 Name.. Robyn Macivald ___ __ ,._. ,V_`-.- «..••••`- Tift: .. VAPA Program SpecIeffst Address» 520 W. Walnut Street city, stste, np: Santa Ana, CA 92701 Phonat (714) 667 -4827 Emallt robyn.macnalr%ilsousd,us F ■a1 U nIz-W itthifat anon Nernst Santa Ana Music Boosters Foundation delimit Un�erSd Won byca3) of ae0nnud Savona OW wrexampl a9enhatbn es Sofia Cne: delimit under aeWonsnttast0l of ale lnkmsl pevame Coda? �ris El No NN0, you wat0*91010Jy Axis crodli to'CltyaooLNd caste lmyarrnewefit a pendflaae, ateNfbrte, rsrYNnMx lOrladplax or agdpmont, akJ.Caala raClyxavvtrx vay andN pYea, lax l0 yS�T appmvW,aod'I meyartaeyretmvar lueensl e/raquesfad GSy xarvkex e: �q— % a, 1066rd paquesiaW i Date Needed: Mayedcaomllammoar Benavides atraetlayfnenlAmavais :2000.00 event Cafes March 4, 2017 evantTlrna: / . Regoaatad: � x}.111. ' 8 p.m. event t.aasaa Downtown Santa Ana between 2nd and 41h Streets and Broadway and French streets A6e4t,. Car state, Zia aescdpdon or SAUSD Is having Its first ads and iiterarp fesi M downtown Santa Ana in the Artists Whip an March avant i purposx: 4. TMs funding would pfoAde transportation to students to give them access to parttdpating as Performers, exhlWtom and patmrm at the WON 91001116 associated with this major citywide event th,. Walk,w aw..+rk armumw,aw xaawlW.e.►.saN.ur +.�wwuGw wn9ai.eeM,aww.Mr, ty aan4a,ewm, anwyains.,rsa iru�we.e~..�•�am em MnWareYn.M,a.+W aaUieaNWa.weamn�a a 91"t-* Carnmvnt a.nenk nor _. _ 'APPRanlaleneatrnt Data: February -0, 2017 Mash City Manaaaria am= -M-31 .Email; donatlantegaaaP�aentisare,er0 20 CMe CitmarPlaris Pax: t714104746oe4 P.C. aoa rasa Santa Aria. CA 92702 flunanon tiaqunH,i U an :annrn PRao6�a�9nta 04/18/2017 K,ltaniltllg MAI vm-, No YES f.,n:,raenra Ya,x�pnt $2,000 Gfty h1nonpar +f0n€tura tantn ReAaad 0110512017 EXHIBIT 1 29A -3 29A -4 CITY OF SANTA ANA DONATION AGREEMENT WITH SANTA ANA MUSIC BOOSTERS FOUNDATION 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on APRIL 18, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and SANTA ANA MUSIC BOOSTERS FOUNDATION, a California 501(e)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 finding to assist Recipient with THE SANTA ANA UNIFIED SCHOOL DISTRICT'S ARTS AND LITERARY FESTIVAL IN DOWNTOWN SANTA ANA THAT OCCURRED MARCH 4, 2017 ( "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 BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE YOUTH EDUCATION, ENGAGEMENT and POSITIVE LIFE SIULLS. Tlic foregoing is a general description of the public purpose, and is not necessarily the only public purpose to be gained from the Community Benefit. TERmq AND CONDITIONS 3.1 Use of Funds, 'rho City has chosen to provide Recipient with a one -time payment of TWO THOUSAND DOLLARS ($2,000.00) for the Arts and Literary Festival 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 frilly with the terms of this Agreement, City shall have the right to terminate this Agreement and demand the return of the finds 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 fiends. 'rho 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 aimum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any expiration or termination of this Agreement. EXHIBIT 2 29A -5 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 funds will be used for a propose 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 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, aclmowledges 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 voltnteers, 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 indemnity 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 Patties 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 arid 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, EX141BIT 2 29A -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL By: Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA By: Gerardo Mouet Acting City Manager Attest By: _ Maria D, Huizar Clerk of the Council Approved as to Form: By:. I n M. Funk Assistant City Attorney SANTA ANA MUSIC BOOSTERS FOUNDATION a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 29A -7 29A -8