HomeMy WebLinkAbout25I - AGMT - DONATION CITIZENSHIP FAIRREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE,
MARCH 15, 2016
TITLE:
DONATION AGREEMENT WITH
ORANGE COUNTY COMMUNITIES
ORGANIZED FOR RESPONSIBLE
DEVELOPMENT TO SUPPORT A
CITIZENSHIP FAIR
{STRATEGIC PLAN NO. 5,4)
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
...s IN
E7 As Recommended
® As Amended
E] Ordinance on 1 ®t Reading
❑ Ordinance on 2 1d Reading
Implementing Resolutlon
Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Orange
County Communities Organized for Responsible Development for a one -time donation in the
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.
Mayor Pro Tem Vincent Sarmiento recommends to appropriate $1,500 to Orange County
Communities Organized for Responsible Development (OCCORD) to support a citizenship fair, in
response to their donation request (Exhibit 1). Upon approval of this item, a donation agreement
(Exhibit 2) will be executed.
251 -1
Donation Agreement with Orange County Communities Organized for Responsible Development
March 15, 2016
Page 2
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).
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 Mayor Pro
Tern Vincent Sarmiento's appropriated amount for FY 2015 -2016.
APPROVED AS TO FUNDS AND ACCOUNTS:
Francisco Gutierrez
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
251 -2
a t✓ /t ®f $fit A(�r� City Manager's Office —M-39
City A 20 Civic Center Plaza
Donation Request P.O. sox 1900
Santa Ana, CA 92702
(714) 647.5200
Name:
ddress: ----
(C ity, State,. Zip....
mall:
Luis D. Vega
13252 Garden Grove Boulevard, Suite 204
Garden Grove, CA 92843
Ivega @occord.org
Citizenship Program Coordinator
(714) 621 -0919, ext. 14
Name: Orange County Communities Organized for Responsible Development (OCCORD)
Tax- Exempt Status: Is your organization a nan- profile or pubiiclax- exempt organlzatlon as II�S elect One:
Iiefined under Section 501(c)(3) of the Internal Revenue Code? Yes ❑ No
If NO, You will only - ----_---------------
y y quality for a credit far City-related costs for year request (i.e, permit fees, i Y,
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if f
� 4 3 "'2 (� (�
V �J 2 8 � 7
approved, credit may or may not cover full cost of requested City services. ax! IS id:
(City Services Credit
Amount Requested:
" Date Needed: 64/69/16 (Mayor /Counciimember: Sarmiento
Direct Payment Amount
(Requested:
a (� —
Fs, 500 (Event Date: 64/69/16 (Event Time: 9;00 AM
Event Location:
Address, city, stare, zip
Southwest Senior Center, 2201 W McFadden Avenue, Santa Ana, CA 92704
__
Description of
_..._.
In partnership with OCCORD the Orange County Labor Federation, the Public Law Center NALEO and Active Learning, and
the City of Santa Ana will be hosting a tree citizenship fair to provide one-on-one assistance, including citizenship application
Event I Purpose:
assistance (N-400), legal advice on the naturalization process citizenship courses and educational materials, photos for the
citizenship application, and additional Information shout OACA and DAPA.
Community Benefit.
..._.__ -
This event will serve as an opportunity to educate Santa Ana residents on necessary steps to apply for
citizenship. Additionally, this event will bring stakeholders together to provide direct assistance and
resources to assist residents with the citizenship application process.
Apj,p.i4 tSlgnature:,
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Mail: City Manager's Office —M -31
20 Civic Center Plaza
P.O. Box 1900
Santa Ana, CA 92702
Donation Request #: DR-
I'dahra'+co T u ,droll cal: +ten UW7;':
Email: donationrequest @ santa- ana.org
Fax: (714) 647-6954
Council Meeting Date:
Eligibility Met: YES I NO ! Approved Amount:
City Manager Signature: Date:
Revised 11/1612015
EXHIBIT 1
251 -4
CITY OF SANTA ANA
DONATION AGREEMENT
WITH ORANGE COUNTY COMMUNITIES ORGANIZED FOR RESPONSIBLE
DEVELOPMENT
1. PARTIES AND DATE
This Donation Agreement ( "Agreement ") is entered into on March 15, 2016 by and between
the City of Santa Ana, a municipal corporation ( "City ") and ORANGE COUNTY
COMMUNITIES FOR RESPONSIBLE DEVELOPMENT, 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 finding to assist
Recipient in HOSTING A CITIZENSHIP RESOURCE FAIR ("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 Purse, The City, by recoinmendation of MAYOR PRO TEM VINCENT
SARMIENTO, believes there is a public purpose in supporting the Community Benefit because it
will PROVIDE AN OPPORTUNITY TO EDUCATE AND ASSIST RESIDENTS ON THE
CITIZENSHIP APPLICATION PROCESS. 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 an event to be held on Saturday,
April 9, 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 terns 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 unless and witil terminated by the City. 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.
1wniirlir7
CITY OF SANTA ANA
DONATION AGREEMENT
Page 2 of 4
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 Oversiglrt 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, willf l 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 indenmify 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 tennination 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
FRP ; ,-
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 4
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
DONATION AGREEMENT
Page 4 of 4
CITY OF SANTA ANA
By:
City Manager
Attest:
By:
Signature
Name
Title
Approved as to Form:
�t
By: V"°1 _ 'At,. -f
TO ^ M.
,Agi City Attorney
ORANGE COUNTY COMMUNITIES ORGANIZED FOR RESPONSIBLE
DEVELOPMENT
a 501(c)3 NON - PROFIT ORGANIZATION
By:
Signature
Name
Title
1266&