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O: CMO (/) <br />Julie Castro -Cardenas <br />1. PARTIES AND DATE <br />CITY OF SANTA ANA <br />DONATION AGREEMENT WITH <br />CASA DE LA FAMILIA <br />This Donation Agreement ("Agreement") is entered into on AUGUST 1, 2017 by and <br />between the City of Santa Ana, a municipal corporation ("City") and CASA DE LA FAMILIA, a <br />California 501(e)3 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 PROVIDING ON-GOING MENTAL HEALTH SERVICES TO VICTIMS OF <br />PSYCHOLOGICAL TRAUMA ("Community Benefit"). The Parties wish to enter into this <br />Agreement to establish the terms and conditions under which the City will provide funding. <br />2.2 Public Purpose. The City, by recommendation of COUNCILMEMBER SOLORIO, <br />believes there is a public purpose in supporting the Community Benefit because it will provide <br />ASSISTANCE IN PROMOTING THE SERVICES AT THE BENEFIT EVENT AT THE <br />BOWERS MUSEUM IN JULY 2017. The foregoing is a general description of the public <br />purpose, and is not necessarily the only public 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 a one-time payment of <br />FIVE HUNDRED DOLLARS ($500), because the City has determined that there is a public <br />purpose to be served in supporting the Community Benefit. In executing this Agreement and <br />receiving the funds, Recipient agrees to use the funds only for the purpose described and subject to <br />the terms and conditions provided for in this Agreement. Should Recipient fail to use the funds for <br />such 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 the date first <br />above written and remain in effect through Recipient's full expenditure of the funds. The City has <br />the right to terminate this Agreement upon one day's notice, with or without cause. Should the City <br />terminate this Agreement, it shall also have the right to demand the immediate return of all ftimds <br />provided to Recipient pursuant to this Agreement, as well as interest at the rate of ten percent (10%) <br />per annum. Notwithstanding the foregoing, the indemnification provisions of this Agreement shall <br />survive any expiration or termination of this Agreement. <br />3.3 Waivers, Insurance or Other Obligations. For purposes of the City's protection, if the <br />City detenvines that the funds will be used for a purpose which may cause a significant risk of <br />injury, the City may, in its sole discretion, require Recipient to provide certain insurance Land <br />participant waiver/release protections. This right shall be on-going and may be implemented by the <br />