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COUNCIL ON AGING - 2003-12-01 (2)
I � D 3S :A C C) low, (0 4-V C, F Council/Agency Meeting Held: Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied City C s Si ature Council Meeting Date: 12/01/0.3 II;0`. Department ID umber: CS 03-034 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION '= w z --1 SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS o �� -- SUBMITTED BY: RAY SILVER, CITY ADM INISTRATORcr4J PREPARED BY: JIM B. ENGLE, DIRECTOR, COMMUNITY SERVIC Dom'=' rrtbr SUBJECT: APPROVE A DONATION AGREEMENT WITH THE OUNCIL O�t AGING TO ACCEPT FUNDS FOR SENIOR PROGRAMS Statement of issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the city approve a Donation Agreement with the Council on Aging for a donation of $18,000 in funds to provide a part-time Social Worker Assistant position for Senior Services? Funding Source: Not applicable. Recommended Action: Motion to: Approve a Donation Agreement between the City of Huntington Beach and the Council on Aging for $18,000 to provide a part-time Social Worker Assistant position for Senior Services, and to have the Mayor sign and the City Clerk to attest same. Alternative Action(s): 1. Do not approve Donation Agreement with the Council on Aging for $18,000 to provide a part-time Social Worker Assistant for Senior Services; or 2) Recommend changes to terms of Donation Agreement. Analysis: The City of Huntington Beach received an $18,000 donation from the Huntington Beach Council on Aging (COA) to provide an additional Social Worker Assistant position for the Senior Outreach Program. The position was eliminated as part of the city's budget process for FY03-04. The COA generously donated the funds needed to cover that position for one year, and asked for a donation agreement that would indemnify them for the program activities for which they are donating the funds. The delivery of funds has already occurred, and when the agreement (Attachment No. 1) is approved, staff is prepared to fill the Social Worker Assistant position. Attachment(s): 03-034 COA Donation Agreement -- 11/24/2003 11:41 AM `C -5 i • • ATTACHMENT 1 - - • 0 DONATION AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE COUNCIL ON AGING THIS DONATION AGREEMENT (the "Agreement") is made and entered into this lst day of December , 2003, by and between the CITY OF HUNTINGTON BEACH, hereinafter referred to as "CITY," and THE COUNCIL ON AGING, hereinafter referred to as "COA." WHEREAS, COA is an unincorporated association providing senior related services in the Huntington Beach area of Orange County; and COA desires to donate funds in the amount of $18,000.00 (the "Funds") to City for certain program activities, NOW, THEREFORE, in consideration of the following covenants, conditions and agreements, the parties hereto agree as follows: 1. DONATION. COA hereby gives, donates, assigns, and transfers to City all its rights, title, and interest in the Funds. 2. ACCEPTANCE. City hereby accepts and consents to the gift by COA of the Funds. 3. INDEMNIFICATION OF COA BY CITY. City agrees to indemnify, defend, and hold harmless COA and its officers, employees, agents and volunteers from any and all suits, claims, actions, losses, damages and/or liability arising out of the performance of this Agreement, the use of the Funds by City, or from any cause whatsoever which may arise because of the negligence, intentional acts, misconduct, or other fault of City, including any acts, errors or omissions of any officers, employees or agents of City, and for any costs and expenses incurred by COA on account of any claims therefore except where such indemnification is prohibited by law. 4. DELIVERY OF FUNDS. Within ten (10) days following the approval of this Agreement by the City Council, COA shall deliver the Funds to City. 03aareefcouncil on aaing!10129.!03 • 5. NOTICES: MODIFICATIONS. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties and shall remain in effect unless one party notifies the other party in writing of its termination, addressed as follows: TO CITY: TO C/OA: Director of Community Services &-t City of Huntington Beach 170% ©t 2000 Main Street Huntington Beach. CA 92648 C.Q9D 6 x 6. ENTIRE AGREEMENT. This Agreement represents the entire and integrated Agreement between COA and City and supersedes all prior negotiations, representations, or agreements, either written or oral. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. THE COUNCIL ON AGING, an unincorporated association print name Res; J-6 . title ATTEST. dm� a6At�� - City Clerk ia- io ° �5 REVIEWED AND APPROVED Citydministrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ayor 41qAPPOVED AS TO FORM: Citv Attorney3 INITIATED AND APPROVED: a� (3 6:z — irector of Comm uni r Services 03agreelcouncil on agingr I W29 03 2