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HomeMy WebLinkAbout25G - AGMT - GRANT APP HEALTHIER AMERICAREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: SEPTEMBER 4, 2012 TITLE: AGREEMENT WITH THE PARTNERSHIP FOR A HEALTHIER AMERICA INC. Az?'?S? ,CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ? As Recommended ? As Amended ? Ordinance on 1s` 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 the attached agreement with the Partnership for a Healthier America. DISCUSSION The Partnership for a Healthier America Inc. ("PHA") has invited cities and towns across the United States to apply for $50,000 in funding to get kids and communities active as part of the nationwide PHA Play Streets program. Parks, Recreation and Community Services Agency will be applying for this grant for the Cedar-Evergreen area to provide much needed physical activities. This agreement will be submitted along with our proposal, as required in the PHA Request for Proposal. If our application is selected for funding, a future council action item will be submitted to recognize and appropriate the program funding. Play Streets are based on the tenet that cities and towns are incubators for change and action. Play Streets close specific streets to traffic on a routine basis and open that space to the community to encourage physical activity. They offer a high-impact, low-cost approach to encouraging and increasing physical activity. Cities around the country have experienced the benefits of the Play Streets concept, such as Chicago, Fort Worth, Portland, and San Francisco. Preference is given to those applicants who attract residents and children within low-income neighborhoods and that incorporate a large mix of stakeholders and public and private partnerships. The Cedar-Evergreen Co-Op includes residents, landlords, property managers, business owners, churches, and non-profit organizations that have joined a multi-agency City Task Force to address the disproportionately high volume of calls for police service reported in the 1600-1800 blocks of Cedar and Evergreen Streets. The Co-Op has been meeting regularly to address these issues and is committed to improving the quality of life in the area. The Co-Op will have support from the Madison Neighborhood Association and these groups will work together to invite the Cedar-Evergreen residents to become actively involved in this effort, to participate in the annual walk-a-thon, and to become members of the walking club, which meets weekly. 25G-1 Partnership for a Healthier America Agreement September 4, 2012 Page 2 We are proposing to have four "Cedar-Evergreen Play Street Days" that will feature a variety of physical activities and will connect residents to health and community services through a resource fair. These events will be conducted directly on Cedar and Evergreen Streets, which will include the closures of these streets during the events. The fifth and culminating event will be the Annual Madison Park Neighborhood Association Walk-A-Thon, Resource Faire and Cultural Festival. The walking club will help sustain the physical activity of residents beyond the four Play Streets events. FISCAL IMPACT There is no fiscal impact associated with this item. 1 - Ger do Mouet, E cute a Direc P , Rd Community Services Agency 25G-2 Exhibit B AGREEMENT Between PARTNERSHIP FOR A HEALTHIER AMERICA INC. And Santa Ana This Agreement is entered into by PARTNERSHIP FOR A HEALTHIER AMERICA, INC. ("PHA"), a nonprofit charitable organization organized under the laws of the State of Delaware, located at 2001 L St. NW, Suite 750, Washington, D.C. 20036, and City of Santa Ana, located within the State of California, with principal City offices located at 20 Civic Center Plaza, Santa Ana, California 92701. On July 18, 2012, PHA issued a Request for Proposal ("RFP") to cities and towns across the United States, inviting them to apply for funds to support local Play Streets programs. This RFP is hereby incorporated by reference into this Agreement. On August 28, 2012, City submitted its proposal ("Proposal"), which is also incorporated by reference herein. By signature on this Agreement, PHA signifies that City's Proposal has been selected and City will receive fifty thousand dollars ($50,000), as set forth in the RFP, to support its Play Streets program. By submitting the Proposal and by signature on this Agreement, City agrees that, if selected by PHA to receive funds to support its Play Streets program, it will meet the requirements set forth in the RFP and execute the program as set forth in the Proposal. In addition, City agrees to the following provisions: Insurance. City shall maintain, at its own cost and expense, a program of insurance for general liability within the limits established by the state in which it resides throughout the performance of this Agreement. Documentation regarding such liability insurance shall be provided to PHA upon request. City agrees to notify PHA of any changes in coverage of such insurance and will provide PHA with written notice of cancellation thirty (30) days prior to the effective date of such cancellation. Indemnification. City agrees to indemnify, defend, and hold harmless PHA, and its directors, officers, employees, volunteers, agents, and sponsors, from and against any and all liabilities, demands, claims, actions, or causes of action, assessments, judgments, losses, costs, damages or expenses, including reasonable attorneys' fees, sustained or incurred resulting from or arising out of the Play Streets program and events and activities funded by PHA's financial award. The obligations set forth in this section shall survive termination of the Agreement. 25G-3 • Use of Name and Marks. Any use, or authorization of use, by City of PHA's name, logos, trademarks, or service marks in marketing or other materials must first be approved in writing by PHA. • Default. Should City fail to meet the requirements set forth in this Agreement, PHA shall be entitled to a return of all funds or to reduce or withhold future payments. • Entire Understanding. This Agreement supersedes any and all prior understandings and agreements, oral or written, and all amendments to and modifications of this Agreement must be in writing and signed by an authorized representative of each party. • Waiver. A waiver of any breach of any provision of this Agreement shall not be deemed a waiver of such rights, nor shall the same be deemed to be a waiver of any subsequent breach, either of the same provision or otherwise. • Severabilily. If any provision of this Agreement is found to be illegal, invalid, or unenforceable, such determination shall not affect the validity, legality, or enforceability of any other provision of this Agreement. • Governing Law. The Agreement shall be governed by, interpreted, and construed in accordance with the laws of the District of Columbia. • Representations and Warranties. City warrants that: (i) it is duly authorized and existing under the laws of its jurisdiction and is in good standing under the applicable laws of such jurisdiction; (ii) it has the authority and power to enter into this Agreement; (iii) the person executing this Agreement on behalf of the City fully authorized to do so; and (iv) there are no legal restrictions or bars to City entering into this Agreement. IN WITNESS WHEREOF, the parties hereto have hereinafter executed this Agreement on the last date and year written below. FOR City of Santa Ana: FOR PARTNERSHIP FOR A HEALTHIER AMERICA, INC: Paul M. Walters, City Manager Lawrence A. Soler, President & CEO Date Attest: Maria D. Huizar, Clerk of the Council Date 25G-4