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Home My WebLink About29G - DONATION - LATION HEALTH ACCESSCITY COUNCIL MEETING DATE: APRIL 4, 2017 TITLE: DONATION AGREEMENT WITH LATINO CENTER FOR PREVENTION & ACTION IN HEALTH & WELFARE TO SUPPORT A 5K WALK TO PROMOTE HEALTH (STRATEGIC PLAN NO. 5,4) CITY MAWAdER CLERK OF COUNCIL USE ONLY: 15-152.0971irm, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` 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 Center for Prevention & Action in Health & Welfare, 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 Benavides recommends appropriating $1,000 to Latino Center for Prevention & Action in Health & Welfare to support the Latino Health Access 5K Walk event on April 8, 2017 to promote physical and emotional health, 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). 29G -1 Donation Agreement with Latino Center for Prevention & Action In Health & Welfare to Support A 5K Walk to Promote Health April 4, 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 $1,000 will be spent from Councilmember Benavides appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: It Francisco Gutierrez Executive Director Finance and Management ervices Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29G -2 t?; City of Santee Ana Donation Request u! City Manager's Off" - M -J'1 20 Civic Cooler ihom P.D. Box 1988 Santa Ann. CA 92702 (714) 647 -6200 a Name: Tanta Pantoja Title: Communications Coordinator Address: 450 W. 4th Street City, state, zip: Santa Ana, CA, 92701 Phone: 714 -542 -7792 Email! tpantoja @lalinohealthaccess.org Fax: 714 - 542.4853 Name: Latino Health Access Tax - Exempt Status: Is your organization a non -profit or public tax-exempt organization as $elect one: Q defined under Section 501(c)(3) of the Internal Revenue Code? Yes No If No, you Will only quality far a credit for City - related costs for yourrequest (to, permit fees, stall time, rental rotas for facilities or equipment, etc.), Costs for City services very and if If Yes,�� -� approved, credit may or may not cover full cost of requested City services. Tax 10 N: Latino Center far Prevention & Actien in Healfih & 1Nolfare Direct e Amount $1,000 Event pate; Aril 8, 2017 Event Time; Requested: p 7:00am- 2.00pm Event Location: Centennial Park, 3000 W. Edinger Avenue, Santa Ana, CA, 92704 Address, City, share. Zip Description of Event /Purpose: Community Benefit: Applicant Signature: A healthy family and community result from healthy orators In an envlre mselet that generate shared maponsibllity. In ladno Heart Acceea, we want to be pall or the environment tatpmmeem the amen, of exemim I m a purpose in mind. Some of as 0 walk fora parent with dlabotes, a Old wlih special roads, In ban welght or to Slay GC Some of us want on walk for steel-' families, a mom mUUalye roomy. and osier wmmuefte Ws,) .bay.. your pmpase Is, wme late us In our first Health Walk In Santa Ana and tog us who or net will YOU walk rat. This is an event that will promote wellness for all residents in the city of Santa Ana, Mall: City Manager's Office —M -31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Donation Request: DR Eligibility Met: Yes City Manager Signature: Bate: 03/17/2017 Email: donationrfiqueat(gisanta- milcorg Fax: (714) 647-6054 Council Meeting Date Approved Amount: Date: 29G -3 04/04/2017 $1,000 Revised 01/05/2017 29G -4 CITY OF SANTA ANA DONATION AGREEMENT WITH LATINO CENTER FOR PREVENTION & ACTION IN HEALTH & WELFARE 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on APRIL 44, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and LATINO CENTER FOR PREVENTION & ACTION IN HEALTH & WELFARE, a California 501(c)3 NON - PROFIT ORGANIZATION ( "Recipienf'). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. RECITALS 2.1 Commumity Benefit. The City wishes to provide Recipient with funding to assist Recipient in HOSTING A 5K WALK TO BRING AWARENESS TO THE COMMUNITY ABOUT PHYSICAL AND EMOTIONAL HEALTH ON APRIL 8, 2017 ( "Community Benefit"), The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding. 12 Public Purpose. The City, by recommendation of COUNCILMEMBER BENAVIDES, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE COMMUNITY HEALTH, LIVABILITY, ENGAGEMENT and POSITIVE LIFE SKILLS. 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. TE RMS AND CONDITIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one -time payment of ONE THOUSAND .DOLLARS ($1,000.00) for the purpose of a 5K Walk to promote physical and emotional health, because the City has determined that there is a public propose 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 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. EXHIBIT 2 29G -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 Rinds 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 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 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 terns and conditions of this Agreement may be altered, modified or amended only by written agreement signed by both Parties. 17 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, EXHIBIT 2 29G -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 r Ax•rrIU ► ► • • By: Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA Attest: By: Gerardo Mouet Acting City Manager Maria D. Huizar Clerk of the Council Approved as to Form. By: n, J6hn M. Funk Assistant City Attorney LATINO CENTER FOR PREVENTION & ACTION IN HEALTH & WELFARE a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 29G -7 29G -8