HomeMy WebLinkAboutNATIS HOUSE (DBA NEUTRAL GROUND),1a,, m
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Julie Castro -Cardenas
1. PARTIES AND DATE
CITY OF SANTA ANA
DONATION AGREEMENT WITH
NEUTRAL GROUND
N-2018-138-07
This Donation Agreement ("Agreement") is entered into on JUNE 1.9, 2018, by and between
the City of Santa Ana, a municipal corporation ("City") and NATIS HOUSE dba NEUTRAL
GROUND a California 501(e)(3) NON-PROFIT ORGANIZATION C'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 for ON-
GOING SERVICES PROVIDED TO YOUTH AND FAMILIES TO HELP OVERCOME
LIFE CHALLENGES, LEARN WORI.FORCE SKILLS, AND BECOME AWARE OF
EDUCATIONAL OPPORTUNITIES. ("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 P=ose. The City, by recoumnendation of COUNCILMEMBER SOLORIO,
believes there is a public purpose in supporting the Community Benefit for NEUTRAL GROUND
TO PROVIDE MEDIATION AND INTERVENTION SERVICES TO SANTA ANA YOUTH
AND FAMILIES IN NEED THROUGH JUNE 30, 2018. 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%)
per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall
survive any expiration or termination of this Agreement.
EXHIBIT 8
3.3 Waivers. Insurance or Other Obligations. tions. 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 clairns,
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 terns and conditions of this Agreement may be altered, modified
or amended only by written agreement signed by both Parties.
3.7 Authority to Enter Aermirent, 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 8
N-2018-138-07
CITY OF SANTA ANA
By:
Raul Goainez
City Manager
Attest:
By: ,
a
Maria D, Huizar
Clerk of the Council
Approved as to Form:
Sonia R. Carvalho
City Attorney
By: iL1 Ute .LCI Yt I
Laura A. Rossini
Senior Assistant City Attorney
NATIS HOUSE DBA NEUTRAL GROUND,
a 501(c)(3) NON-PROFIT ORGANIZATION
By:
S nature
Name: 14N�&raJb
Title: C- ko
EXHIBIT 8
�. City Manager's Office - M-31
City of Santa Ana 20 Civic Center Plaza
n
Donation Request P.O. Box 1988
Santa Ana, CA 92702
- (714) 647.5200
(Name: jNati Alvarado Titio: lExecutive Director
address: 1920 E. 17th Suite 202 —J. — ---�-- --—--
— ......_._.....----
city, state, zip. Santa Ana, Calif. 92705 Phone: 714-267-7747
Fax:
Email: natl(ngservices.Org77777777777
Name: Na#is House DBA Neutral Ground
Tax-Exempt Status: Is your organization a non-pro0t or public tax-exempt organization as lec
defined under Section 501(c)(3) of the Internal Revenue Code? Z Yes ❑ No
If No, you will only qualify for a credit for City-related costs for your request (i.e. permit fees, 1pf�Yes, }� v
staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and N i 5-4Q41 {}42
approved, credit may or may not cover full cost of requested City services. frax ID #:
...—_—�_ . ___.
City Services Credit-_�...... —
(Amount $ Date Needed: 6-23-201$ Mayor/Councilmem4er: Solorio
Requested:
Iroct Payment Amount
�Raquesfed:
1000.06 vent Date: Fvent Time:
III - _.. - --.___-----_----._
Event Locafion:
1825 Civic Center Dr Santa Ana, Ca. 92706
Address, City, State, Zip
Natis House provides mediation and intervention services to Santa Ana youth and
Description of
Event/Purpose;
families in need. The funds from this sponsorship will go towards on-going
program cost and services throuqh June 30, 2018. o
community benefits from Natis House services and program by overcoming
Community Benefit:
rhe
challenges, learning workforce skills, completing educational opportunities.
j
(AppficantSignature
✓ ati Whawda Dete 66-68-2018
Mail: City Manager's Office-M-31 Email: donationmquest@santa-ana.org
20 Civic Center Pima Fax: (714) 647-6554
P.O. Box 1905
Santa Ana, CA 92702
Donation Request #: . ;- DR -'
Council Meeting Dake: JUNE 192018
aeiircffm 8 on aft mlatod VPV.s
Fhgibility Met: YES/ NO YES Approved Amount: $1,000
....
/
City Manager Signature: Dale
EXHIBIT 8 Revised 01/05/2017