HomeMy WebLinkAbout25G - AGMT - DONATION WEEKLY READING PROGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
NOVEMBER 17, 2015
TITLE;
DONATION AGREEMENT FOR WEEKLY
READING PROGRAM, LEYENDO EN
FAMILIA, WITH LATINO HEALTH ACCESS
(STRATEGIC PLAN NO. 5,4)
CITY—MANAAER u
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
:^-e•
❑ As Recommended
❑ As Amended
❑ Ordinance on 1®t 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 Latino Health
Access 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.
Councilmember Michele Martinez recommends to appropriate $1,000 to Latino Health Access to
support their weekly Leyendo En Familia program, 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).
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Donation Agreement with Latino Health Access
November 17, 2015
Page 2
FISCAL IMPACT
Funds to support the City Council Sponsorship Policy are available in the fiscal year 2015 -16
General Non - Departmental account (01105015- 62300). The $1,000 will be spent from
Councilmember Michele Martinez'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
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VA City of Santa Ana
Donation Request
City Manager's Office — M-31
20 Civic Center Plaza
P.O. Box 1986
Santa Ana, CA 9270
(714) 647-5200
(Name: America Bracho mfie: !Chief Executive Officer
Address: i450 W. 4th Street, Suite 130
cly, state, zip: ',Santa Ana, CA, 92705 !Phone: 1714-542-7792
Emall: Iamerica@latiiiohealthaccess,org IFax: 1714-542-4853
Name:
Bracho
Tex - Exempt Status: Is your organization a non-profit or public tax-exempt organization as iselect one: I Yes ❑ No
defined under Sector 501 (c)(3) of the internal Revenue Code? I
IfAto, you will only qualify fora credit for City-related costs foryourrequest (i.e. permlt less,
staff time, rental rates tar facilities or equipment, etc.). Costs for City services vary and if I If Yes, 133-0562943
;approved, credit may or may not cover full cost of requested City services. Tax ID
ICity Services Credit
Arnownt Requested:
0
Data Needed: N/A
Imayoricaunclimernber: ;Martinez
Direct Payment Amount
.. ......... ......
$1,000 Event Date !Every Wed. Evantlhme. Apirn-5:30pim
Requested!
Event Location:
Latino Health Access' Green Hearts Families Park, 602 E. 4th Street, Santa Ana, CA, 92701
Addrass, Cily, State, Zip
This request is for the "Leyendo an Familia" (Family Literacy Program), a weekly reading program with the goal of
oeacriptionot
increasing literay among low-income Latina children in Santa Ana. The program engages parents and children in reading
Event I Purpose:
lessons designed to increase reading frequency. As pal of the program, families also have access to a lending library
!with books for child ran from Pre-K to young adults. Attached, you will find more detailed information about this program.
The an o oil Fami ies" program engages parents to take an active role In helping their children to increase their
Community Benefit:
reading frequency and employ key reading strategies. The program is offered to low-income families in Santa Ana, many
of whom live in surrounding apartment complexes that average 10 people in a 1.2 bedroom apartment. Parent participants
cannot afford to purchase books for ther children. Our program provides access to books. Please see attached.
Applicant Signature:
I
Date:
October 28, 2015
Return completed form via:
ErI donationrequest@santo•ana.org
20 Civic Center Plaza Fax: (714) 047-6954
P.O, Box 1988
Santa Ana, CA 92702
Donation Request #: on -
Council Meeting Date:
Eligibility Met: YES NO Approved Amount:
City Manager Signature: 1 Date:
Revised 8/2612 01 5
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CITY OF SANTA ANA
DONATION AGREEMENT
WITH LATINO HEALTH ACCESS
PARTIES AND DATE
This Donation Agreement ( "Agreement ") is entered into on NOVEMBER 17, 2015 by and
between the City of Santa Ana, a municipal corporation ( "City ") and LATINO HEALTH
ACCESS, 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 funding to assist
Recipient in its weekly Leyendo En Familia program, a FAMILY LITERACY PROGRAM
( "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 Purg2ose, The City, by recommendation of COUNCILMEMBER
MICHELLE MARTINEZ, believes there is a public propose in supporting the Community Benefit
because it will ENGAGE PARENTS AND CHILDREN IN READING TO INCREASE
LITERACY. 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 ONE THOUSAND
DOLLARS ($1,000) for the weekly event that is held on Wednesdays, 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 fiuzds only for the
propose 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 terns 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 unless and until terminated by the City. The City has the right to
tenninate 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 ammnn,
Notwithstanding the foregoing, the indemnification provisions of this Agreement shall survive any
expiration or termination of this Agreement.
EXHIBIT 2
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CITY OF SANTA ANA
DONATION AGREEMENT WITII LATINO HEALTH ACCESS
Page 2 of 3
3.3 Waivers. Insurance or Other Obligations. For purposes of the City's protection, if the
City determines that the fluids 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 Commrunity Benefit or any
activities conducted by the Recipient.
3.5 Indemmnification. Recipient wrderstands, 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 proper't'y 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 attorney's 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 inured 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 A eement. 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
EXHIBIT 2
25G -6
CITY OF SANTA ANA
DONATION AGREEMENT WITH LATINO HEALTH ACCESS
Page 3 of 3
individuals who have signed this Agreement have the legal power, right and authority to make this
Agreement bind each respective Party.
CITY OF SANTA ANA
By:
David Cavazos
City Manager
Attest;
C
Maria D. Huizar
Clerk of Council
Approved as to Form:
A 19
By: yo. d
7 n M. Funk
Assistant City Attorney
LATINO HEALTH ACCESS
By:
Signature
Name
Title ��
EXHIBIT 2
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