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Home My WebLink About29B - DONATION AGMT - BENAVIDESREQUEST 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) f 006.0 ✓ L/i4i..:YY,r1�1 RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading Ll Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with the 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 Benavides 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 donation request (Exhibit 1). Upon approval of this item, a donation agreement (Exhibit 2) will be executed. 2913-1 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 Benavides appropriated amount for FY 2016-17. APPRQA/ED AS TO FUNDS AND ACCOUNTS: Executive Director Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29B-2 City Cit of Santa Ana City Manager's Office -M-31 20 Civic Center Plaza "^ Donation Request P.O. Box 1988 Santa Ana, CA 92702 -- (714) 647.5200 a Name: IJackson Wright development Associate ddress: 128 E. Katella Suite 200 City, State, Zip: (Orange CA 92867 �IPhone: (714 - 408 - 9313 — Emau: )acksonw@nwoc.org Fax: r�. 714 - 408 - 9863 ---— —-------- -- --- — --- ------- — -- Name: NewighborWorks Orange County Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as defined under Secti501(c)(3) of the Internal Revenue Code? elect one-- FRI Yes ❑ No ff No, you will only qualify for a credit for City -related costs for your request (i. e, permit fees, rf Yas`--"`----_ staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if -approved, credit may or may not cover full cost of requested City services. ex ID #:�95-3130152 - - -- �-- — -- (City Services Credit $500 Date Needed: MayorlCouncfimember: Benavides r 44mount Requested: Direct Payment Amount �Re nested: —^ — Event Date; ZiZ5iZ017 (Event Time: — - 1OSfTI - 1pm ent t.ncation: r 1400 Block South Townsend St. Santa Ana 92704 dress, City, State, Zip *Event Summary and Community Benefit attached Description of Event l Purpose: rEvent Surpmary and Community Benefit attached. Community Benefit: 11/ 1 p Applloan }gtgnafure ate I — i.. - Mari: City Manager's Off M-3 (Email: donationrequest®santa•ana.org ,c 20 Civic Center PI a f Fax: '7141647,6914 P.O. Box 1988 Santa Ana, CA 92702 e Donation Request #: DR - Reference # an a!I related DPVs Council Meeting Date. _ Eligibility Met YES I NO Approved Amount -_....i-_ _._- City Manager Signature Date ... ____. .. ....... ._-..__. J Revised 01/0512017 �Lci �Ae s �'daer�.es a r N Fzes� ser Sa'bado, 25 de Febrero 4 o . S. Townsend ,, Ns 100 1pm - ti�, R I AY c' My3\�u r% ssa-AR, gd C.�iu 43t r s` x Y`""�� S"a'�?� wy. K.R� 2� f:,v$dR F�W C mum Rt'affft 0 if � F Y \ 4v 41-1 ioi oto uai �' =fes "�a �s� a b� 4ol Para mas inforr2gW41ame a Marina Ramirez (714) 409-3431, Elizabeth Martinez (714) 561-8709, o Patty Dabalos (714) 754-5707 k Jtl r� ioi oto uai �' =fes "�a �s� a b� 4ol Para mas inforr2gW41ame a Marina Ramirez (714) 409-3431, Elizabeth Martinez (714) 561-8709, o Patty Dabalos (714) 754-5707 AEFOW ssm-� L wp aR E wAm 0 Aennf'�tcd lk'l- VSs "R !, a c; a I , 11, 0 "aw �t a N co C For more informatior29BL!Srina Ramirez (714) 409-3431, Elizabeth Martinez (714) 561-8709, or Patty Dabalos (714) 754-5707 V "R !, a c; a I , 11, 0 "aw �t a N co C For more informatior29BL!Srina 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 Adultos J6venes/Job Training for Young Adults Taller San Jose Art, Music, amd Culture/Arte, M(isica, 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/Educacldn 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 r•- 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 Ptrrposq. The City, by recommendation of COUNCILMEMBER DAVID BENAVIDES, 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; Tenzzination 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 Obliyations, 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 29B-8 CITY OF SANTA ANA. DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL By: Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA 55 Attest: By: Gerardo Mouet Acting City Manager Maria D. IIuizar Clerk of the Council Apt)roved as to Form: By�— J(ffin M. Funk Assistant City Attorney NEIGHBORHOOD HOUSING SERVICES OF ORANGE COUNTY INC. a 501(c)3 NON-PROFIT ORGANIZATION By: 2b1T �9 Signature Name: Jackson Wright Title: Development Associate 29B-10