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INSUHANGF ON Fli.R <br />WORK MAY PROCEED <br />UNTIL INS IRAN/CE EXPIRES <br />GLERKflFCOUNGI!_ <br />DATE: <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />GOODWILL INDUSTRIES OF ORANGE COUNTY <br />1. PARTIES AND DATE <br />A- 2015 -077 <br />This Donation Agreement ( "Agreement ") is entered into on May 5, 2015, by and between the <br />City of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the State of California (hereinafter "City ") and Goodwill Industries of <br />Orange County, a California non -profit organization ( "Recipient'). City and Recipient are <br />sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement. <br />2. RECITALS <br />2.1 Community Benefit. The City wishes to provide Recipient with funding to assist <br />Recipient in developing and managing a workforce development program to assist Santa Ana <br />residents with the skills to secure employment ( "Community Benefit "). The Parties wish to enter <br />into this Agreement to establish the terms and conditions under which the City will provide funding <br />for such program. <br />2.2 Public Purpose. The City believes there is a public purpose in supporting the <br />Community Benefit because it will assist City residents with job skills and employment assistance. <br />The foregoing is a general description of the public purpose, and is not necessarily the only public <br />purpose to be gained from the Community Benefit. <br />3. TERMS AND CONDITIONS <br />3.1 Use of Funds. The City has chosen to provide Recipient with Fifty Thousand Dollars <br />($50,000.00) because the City has determined that there is a public purpose to be served in <br />supporting the Community Benefit. In executing this Agreement and receiving the funds, Recipient <br />agrees to use the funds only for the purpose described and subject to the terms and conditions <br />provided for in this Agreement, and set forth in greater detail in Exhibit A ( "Scope of Services ") <br />attached hereto and incorporated herein by reference. Should Recipient fail to use the funds for such <br />purpose or otherwise comply fully with the terms of this Agreement, City shall have the right to <br />terminate this Agreement and demand the return of the funds pursuant to Section 3.2 below. <br />3.2 Term, Termination of Agreement. This Agreement shall take effect on July 1, 2015 <br />and remain in effect through June 30, 2016. The City has the right to terminate this Agreement upon <br />one day's notice, with or without cause. Should the City terminate this Agreement, it shall also have <br />the right to demand the immediate return of all funds provided to Recipient pursuant to this <br />Agreement, as well as interest at the rate of ten percent (10 %) per annum. Notwithstanding the <br />foregoing, the indemnification provisions of this Agreement shall survive any expiration or <br />termination of this Agreement. <br />