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Home My WebLink About29H - DONATION - NATIS HOUSER • � �r 1 CITY COUNCIL MEETING DATE: APRIL 4, 2017 TITLE: DONATION AGREEMENT WITH NATIS HOUSE TO SUPPORT ON -GOING YOUTH PROGRAM SERVICES (STRATEGIC PLAN NO. 5,4) IV, LIN S • M )I'MANAG CIT ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UvilJ091wa ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd 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 Natis House for a one -time donation amount of $1,000, 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 Solorio recommends appropriating youth program services that include mentoring, life to their donation request (Exhibit 1). Upon approval will be executed. STRATEGIC PLAN ALIGNMENT $1,000 to Natis House to support on -going skills, and community resources in response of this item, a donation agreement (Exhibit 2) 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). 29H -1 Donation Agreement With Natis House To Support On -Going Youth Program Services April 4, 2017 Page 2 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 $1,000 will be spent from Councilmember Solorio's appropriated amount for FY 2016 -17. APPROVED AS TO FUNDS AND ACCOUNTS: T% Francisco Gutierrez Executive Director Finance and Management Services Agency EXHIBITS: 1. Donation Request Form 2. Donation Agreement 29H -2 City of Santa Ana Dartatiofl Request cfly Mannyet'r Office -th -31 20Crviu Ccntor Plaza P.O. pok Isto Saute Ann, CA 92702 1714} 647.5$00 Y Name: Nat! Alvarado This; Executive Director Address: 1920 E. 17th Suite 202 city, Otago, zip: Santa Ana Ca. 92705 phone: 714- 267 -7747 Email: nati@ngservices.org pax: Name: Natis House DBA Nuetral Ground Tax-Exempt Status: Is your organization a non -profit or public lax - exempt organization as Select One: defined under Section 501(c)(3) of the internal Revenue Code? V Yes No if No. you writ only pushy for a credit for Cilydt)ltued costs for your request (te, permit lees. it Yes staff time, rental rates for facilities or equipment, a1c),Costs for City ser Aces very end if 45- 4041042 v✓ approved, credit may or may not cover full cost of requested Ciry services. Tex IO tie tt ?� xc <:,;zsi'#G. '�'�.$y ?u s'�- *s''fi, �Y#<. a-'.L2�,� .�ns¢_,3'•',,. '.c� .- °.<§.rn`:'.. 'e `, ,e to =Fy, Ai„L" City Services Credit It 11000-0 rate... 03/26/2017 a Amount Requested: Direct Payment Amount 11,000.0 Event bate: every Sat EvantTlmo :6 :00pm ftsiuntedr Event Location: 1920 E. 17TH St, Santa Ana, Ca. 92705 Addr ie s, C4,, Slate Zip Youth gathering, bringing youth together from throughout Santa Ana. Dncripthm of Youth are provided with valuable life skills information by positive role models. Event l purpose: +T'1MM] 29H -4 CITY OF SANTA ANA DONATION AGREEMENT WITH NATIS HOUSE 1. PARTIES AND DATE This Donation Agreement ( "Agreement ") is entered into on APRIL 4, 2017 by and between the City of Santa Ana, a municipal corporation ( "City ") and NATIS HOUSE, 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 with ON -GOING YOUTH PROGRAM SERVICES THAT INCLUDE MENTORING, LIFE SKILLS, AND COMMUNITY RESOURCES ( "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 SOLORIO, believes there is a public purpose in supporting the Community Benefit because it will PROMOTE COMMUNITY SAFETY, YOUTH EDUCATION, ENGAGEMENT and POSITIVE LIFE SKILLS. The foregoing is a general description of the public prupose, and is not necessarily the only public puupose 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 ($1,000.00) for on -going youth program services, 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 finds, Recipient agrees to use the finds only for the purpose described and subject to the terms and conditions provided for in this Agreement. Should Recipient fail to use the finds for such propose 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 32 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 finds, 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. 3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the City determines that the fiords will be used for a purpose which may cause a significant risk of EXHIBIT 2 29H -5 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 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 29H -6 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 RECOMMENDED FOR APPROVAL CITY OF SANTA ANA Em Robert C. Cortez Deputy City Manager City Manager's Office C Attest: C Gerardo Monet Acting City Manager Maria D. Huizar Clerk of the Council Approved as to Form: By: o .T m M. Funk Assistant City Attorney NATIS HOUSE a 501 (e)3 NON - PROFIT ORGANIZATION IN EXHIBIT 2 29H -7 Signature Nati Alvarado, Executive Director 29H -8