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<br />A-200S-228 <br /> <br />/2. ;Z -05 <br /> <br />AGREEMENT BETWEEN THE CITY OF SANTA ANA <br />AND THE ORANGE COUNTY COMMUNITY FOUNDATION <br />TO CREATE AN AGENCY FUND FOR THE <br />GRANTS FOR PARKS PROGRAM <br /> <br />This Agreement, made this ~ day of bee- , 200S, by and between the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and <br />laws of the state of California (hereinafter referred to as the "City") and the Orange County <br />Community Foundation, a California non-profit corporation ("OCCF"). <br /> <br />RECITALS: <br /> <br />A. The City established the Grants for Parks Program ("Program") to expand and <br />improve upon existing parks and recreation programs and projects with the <br />assistance of private individuals and organizations. <br />B. Certain types of charitable foundations are not able to make gifts to local <br />government and would prefer to work with non-profits incorporated under <br />Section SOl (c) (3) of the Internal Revenue Code or Community Foundations. <br />C. The Orange County Community Foundation ("OCCF") is a non-profit <br />organization established to administer donations received and distribute grants <br />to meet the needs of the Orange County community. <br />D. The City desires to contract with OCCF to establish Grants for Parks Fund to <br />allow gifts "earmarked" for Santa Ana parks projects to be donated directly <br />to OCCF. <br /> <br />THEREFORE, in consideration of their mutual and respective promises, the parties <br />hereto do hereby agree as follows: <br /> <br />1. Creation of Fund. Pursuant to the terms ofthis agreement, OCCF shall create a <br />Grants for Parks Fund that shall receive donations "earmarked" for Santa Ana parks proj ects. <br /> <br />2. Scope of Work. The OCCF shall hold, manage, invest and reinvest the Grants for <br />Parks Fund, and shall collect the income and shall pay and disburse the distributable amount <br />from total return (as determined by the Community Foundation's Board of Governors on an <br />annual basis, and as outlined in the Uniform Prudent Investor 1994 Act, California Probate Code, <br />99 1604S to 160S4) for public educational, community and charitable uses and purposes, in <br />accordance with the policies of the Community Foundation. <br /> <br />3. Term. The Fund is protected from obsolescence should the purposes for which it <br />was created ever become obsolete or incapable of fulfillment. The responsibility of the <br />Foundation's Board of Governors is to ensure that the funds are used for a purpose similar as <br />possible to those set forth in this Agreement. In its capacity as a donor-advisor, the City may <br />require that the balance ofthe Grants for Parks Fund be distributed and the Agreement <br />