HomeMy WebLinkAbout25M - AGMT - DONATION HUMAN OPTIONSi A
CITY COUNCIL MEETING DATE:
JUNE 7, 2016
TITLE:
DONATION AGREEMENT WITH HUMAN
OPTIONS INC. TO SUPPORT AN ANNUAL
BLUE RIBBON EVENT
{STRATEGIC PLAN NO. 5,4)
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
r_1 =091T Ott
❑ As Recommended
❑ As Amended
❑ Ordinance on I" 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 an agreement with Human
Options Inc. for a one -time donation amount of $1,500, 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. 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 Amezcua recommends appropriating $1,500 to Human Options Inc. to support
their annual Blue Ribbon Event that was held on Saturday, April 23, 2016, 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).
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Donation Agreement with Human Options Inc.
June 7, 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 $1,500 will be spent from
Councilmember Amezcua's appropriated amount for FY 2015 -2016.
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez CY
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
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City Manager's Office - M-31
City of Santa Ana 20 Civic Center Plaza
Donation Request P.O. Box 1988
a
Santa Ana , CA 92702
(714) 647-5200
alinforrination
Name:
Claudia Flores r kSFRC Site Supervisor
lAddress: —IP.0.
Box 53745
---d-[1—rvineCA. 6276il) Phone (714 972-5763
city, State, Zip:
—
Fiio res@humanoptions.org 714) 972-5781
• anizationinforrinthati
ion
Name: lHuman Options
Tax- Exempt Status: Is your organization a n i0l�itubktax-exampt organize llon as
defined under Section 601(c)(3) of the Internal Revenue Code?
Select a On;.
�`Uct
—
No
If No, you will only quality for a credit for City-related costs for your request(. Ul. permit fees,
If Yes
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if
pq
approved, credit may or may not cover full cost of requested City services.
Tax to
95-3667
city services Credit
1$ FDat, Nodded. [06/25/20115 [fifilyor/Councilmember. [Anrarccu,
Amount
Requested:
1500
�Ev-ent D-ate—:[0-4/23/20-16----[Event
— -------- -
Time:
3pm
Event Location:
Minnie Street Family Resource Center (MSFRQ) 1300 E. McFadden Ave, Rm 13, Santa Ana, 92705
Address, City, State, Zip
The
The annual Blue FrIalnon Event Is a one ortwo dayrree program during the month of April that offers various activities for families in the
Description of
Santa a Ana a c
g community. The purpose Is to highlight areas of wellness and safety that bring awareness to Child Abuse Prevention, Activities
[range
Event /Purj
from educational sell for parents, youth and children, physical fitness activities, a community resource fair and fun for the whole
family. The Proposed ratre active donation would be used to support the MSFRC services US Well as the annual Blue Ribbon Event.
Participants engage In healthy and fun activities for the whole family to Increase cohesiveness and parent-child passive relationships (such
Community Benefit:
as a color run, games, Zumda, arts & crafts, free books and a corner for children and parents to read). It Is also all opportunity for parent
leaders and local Service providers to engage the camirl Increase connectivity and linkage to needed resources and offer community
service hours to high school volunteer Students. Participants Increase their knowledge about Child Abuse and Teen Dating Violence.
Applicant Signature:
ia A 4 01P
leted foirm Will
['A 0-11 M City Managers Office -M -31 Email: domationrequest@.ann -sm. —.rg
m 0 a
2, C, Vic Center Plaza �F (7ln4)647-6954
P.O. Box 1988
Santa Ana, CA 92702 I
----------
It iii ,j18rF 189 A° , 'T er ir.
EINIM , - - "', r vir
Donation Request III: DR Council 0 or, all related OPIle Council Meeting Date:
Eligibility Met: YES I NO Approved Amount:
Crew.
-- --------
Revised 11116/2015
25M -4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH HUMAN OPTIONS INC.
1. PARTIES AND DA'L'E
This Donation Agreement ( "Agreement ") is entered into on JUNE 7, 2016 by and between
the City of Santa Ana, a municipal corporation ( "City ") and HUMAN OPTIONS INC., 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 HOSTING AN ANNUAL BLUE RIBBON EVENT ( "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
ANGELICA AMEZCUA, believes there is a public purpose in supporting the Community Benefit
because it will PROVIDE HEALTH AND WELLNESS ACTIVITIES THAT INCREASE
COHESIVENESS AND POSITIVE PARENT -CHILD RELATIONSHIPS. 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 FIVE HUNDRED DOLLARS ($1,500) for a program that was held on
Saturday, April 23, 2016, 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 Rinds 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.
3.3 Waivers. Insurance or Other Obligations. For put-poses 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
MT t
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 indemnity 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.
�]_I' MI
RECOMMENDED FOR APPROVAL,
CITY OF SANTA ANA
- By: —
Robert Cortez David Cavazos
Special Assistant to the City Manager City Manager
City Manager's Office
Attest.,
Maria D. Huizar
Clerk of the Council
Approved as to Form:
By: Q
Lisa Storck
Assistant City Attorney
HUMAN OPTIONS INC.
a 501(c)3 NON - PROFIT O i r 11, 4 i7 t''?tMN
By:
Signature
Name
Title
3
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