25E - AGMT - ILLUMINATION AND GOODWILL

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Leib 01WFAU lV1GLl,/1 DONATION AGREEMENT WITH GOODWILL INDUSTRIES OF ORANGE COUNTY 1. PARTIES AND DATE This Donation Agreement ( "Agreement") is entered into on May 5, 2015, by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City ") and Goodwill Industries of Orange County, a California 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 developing and managing a workforce development program to assist Santa Ana residents with the skills to secure employment ( "Community Benefit'). The Parties wish to enter into this Agreement to establish the terms and conditions under which the City will provide funding for such program. 2.2 Public Purpose. The City believes there is a public purpose in supporting the Community Benefit because it will assist City residents with job skills and employment assistance. 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 Fifty Thousand Dollars ($50,000.00) 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, and set forth in greater detail in Exhibit A ( "Scope of Services ") attached hereto and incorporated herein by reference. 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 duly 1, 2015 and remain in effect through dune 30, 2016. 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. 25E -9