HomeMy WebLinkAbout29A - DONATION AGMT - TINAJEROREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
FEBRUARY 21, 2017
TITLE:
DONATION AGREEMENT WITH THE
NEIGHBORHOOD HOUSING
SERVICES OF ORANGE COUNTY INC.
FOR THE MINI-TOWNSEND
COMMUNITY RESOURCE FAIR
EVENT
(STRATEGIC PLAN NO. 5,4)
' A
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
:"•;...,
❑ As Recommended
❑ As Amended
❑ Ordinance on tat Reading
❑ Ordinance on 2 o 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 Neighborhood
Housing Services of Orange County Inc. for the Mini -Townsend Community Resource Fair event
for a one-time donation amount of $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. The resolution and
policy outline 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. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal
Revenue Code are eligible for in-kind funding for City Services.
Councilmember Tinajero recommends appropriating $500 to Neighborhood Housing Services of
Orange County Inc. to support the Mini -Townsend Community Resource Fair event that will be
held on Saturday, February 25, 2017, in response to their
approval of this item, a donation agreement (Exhibit 2) will be
29A-1
donation request (Exhibit 1). Upon
executed.
Donation Agreement with Neighborhood Housing Services of Orange County Inc.
for the Mini -Townsend Community Resource Fair
February 21, 2017
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 2016-17
General Non -Departmental account (01105015-62300). The $500 will be spent from
Councilmember Tinajero's appropriated amount for FY 2016-17.
AS TO FUNDS AND ACCOUNTS:
Executive Director
Finance and Management Services Agency
Exhibits: 1. Donation Request Form
2. Donation Agreement
29A-2
City of Santa Ana
Donation Request
City Manager's Office - M-31
20 Civic Center Plaza
P.O-Box 1988
Santa Ana, CA 92702
(714) 647-5200
IName. ---IJackson Wright F',I a. -Development
Associate
Address:
128 E. Katella Suite 200
City, zip:
--[Phone.
Orange CA 92867
4 - �Oli - 9313
[Emall: )acksonw@nwoc.org
408 -
[Nana: FNewl�ghbofflorks Orange County
Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as
defined under Section 501(c)(3) of the Internal Revenue Code?
�IS�eI'e-ct One:
r
yes ❑ No
If No, you will only qualify fora credit for City -related costs for your request (i.e. permit fees,
staff time, rental rates tortacifitlea or equipment, etc.).Costs for Cityservices vary and if
Ify
I Yes,
approved, credit may or may not cover full cost of requested City services.
�ax ID #:
195-3130152
11r. MIM.
Ity Services
500 DataFm Credit Needed:
�
y,,/C,,nilmember:
Tinalero
Requested:
F
Event Date:
I vent Time:
Dam - 1 pm—
Requested:
:Ve
Ver t L1111ticur:
r
00 Block South Townsend St. Santa Ana 92704
Address, City, State, Zip
*Event Summary and Community Benefit attached
Description of
Event / Purpose:
Event Summary and Community Benefit attached.
CommunityBenefit:
�0
Mail: City Manager's Office -M31
Email: donationrequest@santa-ana.org
20 Civic Center Plaza
Fax: (714) 647-6954
P.O. Box 1968
Santa Ana, CA 92702
Donation Request it. DR - Council Meeting Date:
------- ------
---------
li Eligibility Met: YES/ NO Approved Amount:
City Manager Signature:Date
Revised 01105/2017
29A-3
o 25 de Febrero
'4 i f S. Townsend
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Para ma's inforrn�n,,4lame a Marina Ramirez (714) 409-3431,
Elizabeth Martinez (714) 561-8709, o Patty Dabalos (714) 754-5707
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Para ma's inforrn�n,,4lame a Marina Ramirez (714) 409-3431,
Elizabeth Martinez (714) 561-8709, o Patty Dabalos (714) 754-5707
Oq? ae
e6y-e5N
a I a
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lawavy �to) I, a � an
For more information2MU5rina Ramirez (714) 409-3431, Elizabeth
Martinez (714) 561-8709, or Patty Dabalos (714) 754-5707
Mini Townsend Resource Fair
February 25th 2017
Tyoes of Needed Services Identifed
by Residents
CONFIRMED (as of 2/3/17)
PENDING
Trabajos para AdultosJ6venes/Job
Training for Young Adults
Taller San Jose
Art, Music, amd Culture/Arte, MGsica,
y Cultura
Radio Santa Ana, EI Centro
Renters Rights/Derechos de Inquilinos
Fair Housing Council
Immigration/Inmigraci6n
Mexican Consulate
DACA
Camino Immigration Services
Health Insurance/Seguro de Salud
Community Health Initiative of
OC
Family Health/Salud para la Familia
Latino Health Access
Youth Services/Servicios Para J6venes
Kidworks
Dentista/Dentist
Smiles for Kids of OC
Drug and Alcohol Abuse/Servicios
Para el Abuso de Drogas y Alcohol
OC Health Care Agency
Financial Fitness
NeighborWorks
Parent Education/Educaci6n para los
Padres
Padres Promotores
Police Relations Rights/Conocer sus
Derechos sobre asuntos con la Policia
RAIZ or Resiliant OC
Caminar y andar en Bicicleta a la
escuela con seguridad/Bicycle and
Pedestrian Safety
Santa Ana Active
Streets
Aplicaci6n de
Estacionamiento/Parking Issues and
Pedatory Towing
Santa Ana Police
Department
Building Health Communities
Tierras Communitarias
Heritage Musem
The Salvation Army
OC Human Relations
Santa Ana Unified School
District
29A-6
CITY OF SANTA ANA
DONATION AGREEMENT WITH NEIGHBORHOOD HOUSING SERVICES
OF ORANGE COUNTY INC.
1. PARTIES AND DATE
This Donation Agreement ("Agreement") is entered into on FEBRUARY 21, 2017 by and
between the City of Santa Ana, a municipal corporation ("City") and NEIGHBORHOOD
HOUSING SERVICES OF ORANGE COUNTY 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 THE MINI-TOWNSEND COMMUNITY 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 Purpose. The City, by recommendation of COUNCILMEMBER SAL
TINAJERO, believes there is a ,public purpose in supporting the Community Benefit because it will
PROMOTE HIGHER EDUCATION, FINANCIAL INFORMATION, EMPLOYMENT
OPPORTUNITIES, HOUSING ASSISTANCE RESOURCES, AND SOCIAL, SERVICES
RESOURCES. 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
FIVE HUNDRED DOLLARS ($500) for an event that will be held on Saturday, February 25, 2017,
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; Ternaivation 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.
2W
CITY of SANTA ANA
DONATION AGREEMENT
]Page 2 of 3
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
individuals who have signed this Agreement have the legal power, right and authority to make this
Agreement bind each respective Party.
EXHIBIT 2
29A-8
CITY OF SANTA ANA
DONATION AGREEMENT
Page 3 of 3
By:
FOR APPROVAL
Robert C. Cortez
Deputy City Manager
City Manager's Office
CITY OF SANTA ANA
By:
Gerardo Monet
Acting City Manager
Attest:
By:
Maria D. Huizar
Clerk of the Council
Approved as to Form:
By:
"i"K1. Funk
Assistant City Attorney
NEIGHBORHOOD HOUSING SERVICES
OF ORANGE COUNTY INC.
a 501(c)3 NON-PROFIT ORGANIZATION
By:
2�T J
Signature
Name: Jackson Wright
Title: Development Associate
29A-10