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Home My WebLink About25A - AGMT - LATINO HEALTH ACCESS DONATIONREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JANUARY 19, 2016 TITLE: DONATION AGREEMENT WITH LATINO HEALTH ACCESS TO SUPPORT FAMILY LITERACY (STRATEGIC PLAN NO. 5,4) CITY MANA ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: F-IT100TOMWO ❑ 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 $1,000 subject to non- substantive 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 Roman Reyna recommends to appropriate $1,000 to Latino Health Access to support their weekly Leyendo En Familia program, 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). 25A -1 Donation Agreement with Latino Health Access to Support Family Literacy January 19, 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 $1,000 will be spent from Councilmember Roman Reyna's appropriated amount for FY 2015 -2016. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director 5,f, Finance and Management Services Agency Exhibits: 1. Donation Request Form 2. Donation Agreement 25A -2 City of Santa Ana Donation Request 'F ,Name: jAmerica Bracho 'address: kd 1450 W. 4th Street, Suite 130 ;City, State, Zip: !Santa Ana, CA, 92705 �Emall: 'amedca@latinohealthaccess.org Name: I Latino Health Access Status: Is your organization a non-profit or public tax-exempt organization as Section 501 (a)(3) of the Internal Revenue Code? City Manager'& Office — Mt3l 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 Executive Officer �M�02 will only quality for a credit tot City-related costs for your request (l, a. permit tees, if Yes ' rental rates for facilities or equipment, etc.). Costs for City services vary and If ', credit may or may not cover full cost of requested City services. 16ir ID ;City Services Credit 14r4unt Requested: treat Payment Amount -Event Location: lAddrose, City, State, Zip i 0 1100to Needed: $1,000 iEvonl[Dats, lEvery Wed. Time: Latino Health Access' Green Heads Families Park, 602 E. 4th Street, Santa Ana, CA, 92701 [This request Is forthe "Leyondo on Familla" (Family Literacy Program), a weekly reading program with -the goat — pion of 1 increasing Ifteray among low-income Latino children In Santa Ana, The program engages parents and children in reading I Purpose: !lessons dasitined to increase reading frequency. As part of the program, families also have access to a lending library ;with books for children from Pre-K to young adults. Attached, you will find more detailed Information about this program. i TK6"[eyeno on -am Tlmr;" prograr67(mgades parents reading frequency and employ key reading strategies. The program Is offered to low-Income families In Santa Ana, many tunity Benefit: i 1 of whom live In surrounding apartment complexes that average 10 people in a 1-2 bedroom apartment. Parent participants cannot afford to purchase books for their children. Our program provides access to books. Please see attached, Mail: City Manager's Office— M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Email: donationrequest@santa•ona.org Fax*. (714) 647-6954 Revised 8/25/2015 25A -4 CITY OF SANTA ANA DONATION AGREEMENT WITH LATINO HEALTH ACCESS 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entereduito on JANUARY 19, 2016 by and between the City of Santa Ana, a municipal corporation ( "City ") and LATINO HEALTH ACCESS, a California 501(e)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 Coininunitv Benefit. The City wishes to provide Recipient with funding to assist Recipient in their weekly Leyendo En Familia program, a FAMILY LITERACY PROGRAM ( "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 Pig pose. The City, by recommendation of COUNCILMEMBER ROMAN REYNA, believes there is a public purpose in supporting the Community Benefit because it will ENGAGE PARENTS AND CHILDREN IN READING TO INCREASE LITERACY. 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 ONE THOUSAND DOLLARS ($1,000) for the weekly event that is held on Wednesdays, 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 teens 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 slid remain in effect unless and ruitil terminated by the City. The City has the right to terminate this Agreement upon one day's notice, with or withotirt 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 amzum. 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 fronds will be used for a propose whicl.2 may cause a significant risk of EXHIBIT 2 25A -5 CITY OF SANTA ANA DONATION AGREEMENT WITH LATINO HEALTH ACCESs Page 2 of 3 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 fonns, 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 Commtimity 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 Agreenent, 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, darnages 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 there 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 ternnination 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 maybe altered, modified or amended only by written agreement signed by bath 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 2 25A -6 CITY OF SANTA ANA DONATION AGREEMENT WITH LATINO HEALTH ACCESS Page 3 of 3 CITY OF SANTA ANA By: David Cavazos City Manager Attest: m Maria D. Huizar Cleric of Council Approved as to Form: By: T e sM. Funk ssistant City Attorney LATINO HEALTH ACCESS a 501(c)3 NON - PROFIT ORGANIZATION By: Signature Name Title EXHIBIT 2 25A -7 25A -8