HomeMy WebLinkAbout25F - AGMT - DONATION LATINO HEALTH ACCESSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 7, 2016
TITLE:
DONATION AGREEMENT WITH LATINO
HEALTH ACCESS TO SUPPORT A
RESIDENT LEADERSHIP PROJECT
(STRATEGIC PLAN NO. 5,4)
CITY MANA R
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 Latino Health
Access for a one -time donation amount of $3,000, 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 Martinez recommends appropriating $3,000 to Latino Health Access to support a
summer resident leadership project that will begin in June 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).
25F -1
Donation Agreement with Latino Health Access
June 7, 2016
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 $3,000 will be spent from
Councilmember Martinez's appropriated amount for FY 2015 -2016.
APPROVED AS TO FUNDS AND ACCOUNTS:
1�
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
25F -2
• t "`w City of Santa Ana
F H Donation Request
City Manager's Office - M -31
20 Clvlc Center Plaza
P.O. Box 1988
Santa Ana, CA 92702
(714) 647 -5200
wn
pp�; ig+iet a r�i #'s r. 'Yt ra -
a
Hilda Program
Address: 450 W. 4th Street
city, state, zip: Santa Ana, CA 92701 Phone: 714 -542 -7792
Eman: hortiz @latinohealthaccess.org Fax: 714- 542 -4853
Name: Latino Health Access
Tax - Exempt Status: Is your organization a non-prof ft or public tax - exempt organization as Select One:
defined under Section 501(c)(3) of the Internal Revenue Code? R Yes No
If No, you will only qualify for a credit for City- related costs for yourrequest (i.e. permit fees, If Yes,
staff time, rental rates for facilities or equipment, etc.),Costs for city services vary and if 33- 0562943
approved, credit may or may not cover full cost of requested City services, ;Tax ID #:
City services Requested: $ 3 000 Date Needed: May 25, 2016 Mayor /Councilmember: iMartinez
Amount Requested: , I
Direct Payment Amount $3000 Event Date; 'Varies
Requested: 'Summer 2016 Event Time:
Event Location:
6 Santa Ana neighborhoods: Lacy, Eastside, Flower Park, Pico - Lowell, Bella
Address, City, State, Zip
Vista, New Horizons
' LHA will be working with residents in the 6 areas to develop resident leadership In creating healthier neighborhoods via
Description of
summer projects. These projects Include a Health and Resource Fair, Housing & Tenant Rights Education Fair, Traffic
:Event I Purpose:
Safety Education Campaign aimed at pedestrian families, Outdoor Movie NlghtsArts & Culture Fair. We will also be
housing interns from various universities through a Health Equity Fellowship program. Interns will interns to work
alongside residents to collect data, conduct door -lo -door outreach, and carry out community improvement projects.
Through the summer projects we aim to :
Activate publicspacos as open spaces; fits Includes streets, schools, school parking lots, ste (place making type projects)
C omm u n ity Be hell t:
- Creato family - oriented programming (one time or ongoing eunmler acgvtties)for all ages
Connect families to much needed Information and Sansone, Including health Insurance, monist homes, DI emotional wcllnose, housing
Applicant Signature:
j -.,��- r� Date: 5/51201 6
Mail: City Manager's Office -M -31 Email: donationrequest @setnta- ana.org
20 Civic Center Plaza Fax: (714) 647 -6954
P.O. Box 1988
Santa Ana, CA 92702
Dor Ition Nerl'u'A;r, DR -
foum;il Mooting Btu,:
FJlgibility &1q1. YkS I NO Apptoved Antolini:
City h10 nngCl' S$Inetulr: Date:
Revised 11/1612015
25F -4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH LATINO HEALTH ACCESS
1. PARTIES AND DATE
This Donation Agreement ( "Agreement") is entered into on JUNE 7, 2016 by and between
the City of Santa Ana, a municipal corporation ( "City ") and LATINO HEALTH ACCESS, 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 A SUMMER RESIDENT LEADERSHIP PROJECT ( "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 PMosc, The City, by recommendation of COUNCILMEMBER MICHELE
MARTINEZ, believes there is a public purpose in supporting the Community Benefit because it will
PROVIDE HEALTH AND WELLNESS ACTIVITIES FOR THE COMMUNITY. 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 DOLLARS ($3,000) for a program that will begin on June 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 finds only for the purpose described, and subject to the terms 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 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.
33 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
Exhibit 2
25F -5
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 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 hndemnification. 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 anyjudgment, 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.
33 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.
25F -6
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 3
RECOMMENDED FOR APPROVAL
0
CITY OF SANTA ANA
Robert Cortez
Special Assistant to the City Manager
City Manager's Office By:
Attest:
M
David Cavazos
City Manager
Maria D, Huizar
Clerk of the Council
Approved as to Form:
By /1, %
m M. Funk
Assistant City Attorney
LATINO HEALTH ACCESS
a 501(e)3 NON - PROFIT ORGANIZATION
By:
Signature
25F -7
Name
Title
25F -8