HomeMy WebLinkAboutORANGE COUNTY COMMUNITIES ORGANIZED FOR A RESPONSIBLE DEVELOPMENTSEP 2 0 2018 N-2018-172-05
�a CITY OF SANTA ANA
DONATION AGREEMENT WITH
O: CMO (/) ORANGE COUNTY COMMUNITIES ORGANIZED
FOR A RESPONSIBLE DEVELOPMENT
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on AUGUST 21, 2018 by and
between the City of Santa Ana, a municipal corporation ("City") and ORANGE COUNTY
COMMUNITIES ORGANIZED FOR A RESPONSIBLE DEVELOPMENT 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 Community Benefit. The City wishes to provide Recipient with funding to assist
Recipient IN HOSTING A CITIZENSHIP FAIR TO EDUCATE RESIDENTS ON HOW TO
SAFELY APPLY FOR CITIZENSHIP AND PROVIDE RESOURCES TO LEGAL
PERMANENT RESIDENTS ON AUGUST 18, 2018 AT THE SALGADO COMMUNITY
CENTER IN SANTA ANA ("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
SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it
WILL PROVIDE THE COMMUNITY WITH ONE-ON-ONE ASSISTANCE WITH THE
CITIZENSHIP APPLICATION (N-400), LEGAL ADVICE ON THE NATURALIZATION
PROCESS, FEE WAIVER ASSISTANCE, AND RESOURCES TO ASSIST LEGAL
PERMANENT RESIDENTS WITH CITIZENSHIP. 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 DOLLARS ($1,000), 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%)
Exhibit 5
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 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 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
Exhibit 5
N-2018-172-05
individuals who have signed this Agreement have the legal power, right and authority to make this
Agreement bind each respective Party"
CITY OF SANTA ANA
By:
Rau*Godinez
City Manager
Attest;
i ex's
By. � .
aria D. Huizar �a'
I
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: 6e4 ,- Jm '( ,
Lisa Storck
Assistant City Attorney
Exhibit 5
City Manager's Office - M•01
City of Santa Ana 20 Civic CentarPlaza
Donation Request PO. Box 1968
N-2018-172-05 Santa Ana, CA 92702
- (714)647.5200
Name: Andres F. Rivera olio: Citizenship program Coordinator
lAddresur .13252 Garden Grove Blvd Suite 204
pity, state, Trp: ';Garden Grove, CA, 92843 phone: ;714-621-0919 ext, to
Email: ariverra@occord,Drg Fax: :.
Name: Orange County Communities Organized for a Responsible Development (OCCORD)
defiaxspailVisaQmtminiyrrec�tax%xampt ogantzatGar Grove
ion as iSoleal' so ) internal �Yes Na®
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Y No, you will only qual7fy fora credit for Cifyrelafed costs foryour request (i.e. pomlN fees, i - p
:staff time, rental rates for facilities of equipment, ela).Costs for Cityservkes vary and N If Yes, q3-2 0 92 032 7
approved, credit may or may not cover rug cost of requested Ciry services. Tax to `i
City services Credit
Requested:
S Date Needed: 08/18/2018 4NayorlCouncilmsmber. Sarmiento
�
Q
Amount
I �
Direct Payment Amount n
Requested: ? r00v ,Event Date: X08/18/2018 Event Time; IAM - 5PM
(Salgado Community Centel _
,Event Location:
ndmess, csy. state, zip
I
706 N Newhope St, Santa Ana, CA 92703
In partnership with the City of Santa Ana and the Salgado Community Center, OCCORD will be hosting a free citizenship
.Description of
'fair to provide one -on -ons assistance, including: citizenship application assistance (N-400), legal advise on the
Event /Purpose:
naturalization process, fee waiver assistance, citizenship courses and educational material, and additional information on
i
Know Your Rights, DACA, and family preparedness.
This event will serve as an opportunity to educate Santa Ana residents on how to apply safely for
Icitizenship.
(Community Benefit:
Additionally, this event will bring stakeholders together to provide direct assistance
and resources to assist legal permanent residents with the citizenship application process.
_
'Applicant Signature: i ir--�- ,sy--��-�—Data: 104/05/2018
Mail: City Manager's office - M-31 Email; donationrequest4@sant*4nn.org
20 Civic Center Plaza Fax: (714) 647-6954
.
.oBox 119118
Santa Ana, CA 92702
Donation Request n: oft
Eligibility Met:
City Manager Signa'.we:
YEStNO YES
Council Meeting Gale:
Approved Amount
Date:
August 21, 2018
$ 1,000
Revised 01/05/2017