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Home My WebLink About29A - DONATION AGMTREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 15, 2018 TITLE: DONATION AGREEMENT WITH LATINO CENTER FOR PREVENTION & ACTION IN HEALTH & WELFARE TO SUPPORT THEIR COMMUNITY EVENT (STRATEGIC PLAN NO. 5,4) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ 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 the Latino Center for Prevention & Action in Health & Welfare in support of the Latino Health Access 5k Health Walk, in a one-time donation amount of $1,500 subject to nonsubstantive changes approved by the City Manager and the City Attorney. 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. 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. The donation agreement listed above is in response to the Donation Request submitted by the community organization to the specific Councilmember, seeking sponsorship for a community event. The Councilmember reviewed and agreed to sponsoring the event through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreement (Exhibit 1) will be executed. 29A-1 Donation Agreement With Latino Center For Prevention & Action In Health & Welfare To Support Their Community Event May 15, 2018 Page 2 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). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2017-18 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2017-18: Councilmember Benavides $ 1,500.00 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: 1. Donation Agreement 29A-2 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 MAY 15, 2018 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 ("Recipient"). City and Recipient are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. 2. RECTTALS 2.1 Community Benefit. The City wishes to provide Recipient with funding to assist Recipient TO PROVIDE SUPPORT TO THE LATINO HEALTH ACCESS 5K HEALTH WALK HOSTED ON APRIL 7, 2018 ("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 PROVIDES ADDITIONAL RESOURCES THROUGH HEALTH EDUCATION TO 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 CONDTTIONS 3.1 Use of Funds. The City has chosen to provide Recipient with a one-time payment of ONE THOUSAND, FIVE HUNDRED DOLLARS ($1,500), 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 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. 29A-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 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 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 reement. 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 1 29A-4 CITY OF SANTA ANA By: Raul Godinez City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: Sonia R. Carvalho City Attorney By: lui 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 1 29A-5 City of Santa Ana Donation Request CifyManager's Office— M-31 20 CIVIC Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Oil= lAmerica Bracho CEO Pddros� s: 450 W Fourth St. ity, smote, zip: I Santa Ana, CA 92701 hone: (714) 642-7792 ext 1009 malt: Iruiz@latinohealthaccess.org, cachamaure@aol.com Fimc. (714) 542-4853 • .. Direct Paymont Amount S ICJOO Event Date: 4/7/2018 Event Tlme: 8:00 aM Name: Latino Health Access (Latino en er or reven ton c ton toea th &e are Tax -Exempt Status: Is your organization a non-profit or public lax -exempt orgenizalion as defined under Section 501(c)(3) of the Internal Revenue Code? elect One: W1 Yes ❑ No It No, you 8411 only quality fora cmdif for City -related costs far yourrequest (Le. permit fees, staff time, rental rates forla�9es or equipment, etd.).Costs for City services Vary andg33-0562943 5K Health Walk - Caminata por la Salud pproved, credit may or may not coverfu8 cost of requested City services. F -Y -0,s471 Ciry Services Credit IC Date Needed: tayor/Councllmembar. Senavfdes mount Requested: I' Direct Paymont Amount S ICJOO Event Date: 4/7/2018 Event Tlme: 8:00 aM Requastod: Event Location: —Centennial Regional Park, 3000 W Edinger, Santa Ana, CA 92704 $mires; Ciry. State. Zip Description of 5K Health Walk - Caminata por la Salud Frond Purpose: To promote awareness among Santa Ana residents on the importance of physical and community Bonofit: emotional wellbeing, its impact on our community, and the growth of a healthier city. Applicant Signature: r Date: -O4JO5J2O1-8 (Mail: City Manager's Office—M-31 Email: donationrequest@santaana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request M I DR- Reforence x on all related DPVs I _ _ _ _ _ Council Mooting Data: Eligibility fact: i YES I NO Yes f Approved Amount: City Manager Signature: Data: May 15, 2018 $1,500 Revised 01/052017