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Home My WebLink AboutHEALTHY SMILES FOR KIDS OF ORANGE COUNTY-2017�b 21 �1fii N-2017-248-0 O: CMO (/) CITY OF SANTA ANA Julie Castro -Cardenas DONATION AGREEMENT WITH HEALTHY SMILES FOR KIDS OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on NOVEMBER 7, 2017, by and between the City of Santa Ana, a municipal corporation ("City") and HEALTHY SMILES FOR KIDS OF 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 PROVIDING ON-GOING DENTAL SERVICES FOR CHILDREN IN SANTA ANA FREE OF COST OR LOW COST ("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 TINAJERO, believes there is a public purpose in supporting the Community Benefit because it IS DEDICATED TO EMPOWERING ALL CHILDREN TO LIVE HEALTHY AND HAPPY LIVES, REDUCE ORAL DISEASE IN CHILDREN AND PROVIDE EDUCATION, TREATMENT AND ADVOCACY. 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 ONE THOUSAND DOLLARS ($1,000), 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 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 finds. 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 fiords 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 Exhibit 30 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 fonns 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 Cominunity 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 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 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 30 N-2017-248-0 CITY OF SANTA ANA By: Raul odinez City Manager Attest rty By mi, a'li Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: 11V i F J hn M. Funk Assistant City Attorney HEALTHY SMILES FOR KIDS OF ORANGE COUNTY, a 501(c)(3) NON- PROFIT ORGANIZATION By: \ Signature WCOU chem Name mvUlUV w1 (xs -k weqw&kd- /Ulakajxr Title Exhibit 30 City of Santa Ana Donation Request City manager's office— M-31 20 Civic Center Plaza A.0_ Box 1988 Santa Ana, CA 92702 (714) 847-5200 Name: ';Michelle Chan Address: :2101 E. 4th Street, Suite A220 city, state, zip: !Santa Ana Phone: 1714-510-3846 Email: mchan@hoalthysmilesor.org Fax: Name: Healthy Smiles for Kids of Orange County Tax -Exempt Status; Is your organization a non-profit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? If No, you will only qualify for a credit for City -related costs for yourrequest (i.e. permit fees, sluff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if Approved, credit may or may not cover full cost of requested City services. Select Onal I Yes ❑No If x ID ill 38-3675065 I I City Services Credit Amount Requested: !.n I � V note Needed: October 5,201 -1 MayorlCouncilmember: TinaJero Direct Payment Amount fl000 voint Date: October 21, 20 'Event Thaw 6prin :Requested: I ,Event Location: !,Bowers Museum, 2002 North Main Street, Santa Ana, CA 92706 '.Address, City, State, Zip [Funding will contribute to ongoing program success and help Healthy Smiles for Kids of Orange County (Healthy Smiles) Description of !expand its services, reach, and Impact. As a community-based nonprofit organization, Healthy Smiles Is dedicated to Event / Purpose: !empowering all children to live healthy and happy lives. To realize this vision, our mission is to reduce oral disease in children through collaborative programs aimed at Prevention, education, treatment, and advocacy. Healthy Smiles serves over 100,000 low-income children and parents each year through the following programs: Smile Community Benefit: Mobile Program (dental clinics on wheels that travel to Title I schools), Outreach Program (childre ages 0-5), Teladongstry Program treatment at our 2 clinics (Garden Grove and CHOC Children's Hospital of Orange Case Applicant Signature: ,Date: 19-20-17 l� 1 111 1 1 1 1 Z Mail: City Manager's Office — M-31 Email; donationrequest@sorsta-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 Do I nation R e I ques ; t z DR Council Meeting Date: NOVEMBER 7,2017 Eligibility 11110t: yrs i NO YES Approved Amount: $1,000 City Manager Signature: Date: Revised 01/0512017 EXHIBIT 15