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HomeMy WebLinkAboutContract 1647 044 , COMMUNITY ASSISTANCE O4/Q4 FUNDING AGREEMENT Cathedra! City Fiscal Year 2015-2016 This Agreement is made and entered into by and between the CITY OF CATHEDRAL CITY, a municipal corporation(herein referred to as "City"), and Boys & Girls Club of Cathedral City, a non-profit corporation(herein referred to as "Grantee"). RECITALS WHEREAS, the Grantee is a non-profit corporation presently providing services to persons residing within the City, and has staff in place ready and willing to provide services to the City for the benefit of its residents, and WHEREAS, the Grantee has submitted to City an application setting forth in detail its request for funding all or a portion of the services, programs, and/or equipment it requires and the quantity and quality of such proposed services, programs and/or equipment, which application is the basic document upon which this Agreement is founded, and WHEREAS, the services which the Grantee provides are itemized in its application for Community Assistance. NOW THEREFORE, in consideration of the mutual promises and agreements herein contained, and other valuable consideration, the parties hereto, and each of them, do hereby agree as follows: 1. All recitals set forth hereinabove are incorporated herein as undertakings and representations by the parties hereto. 2. RESPONSIBILITIES OF GRANTEE: A. Grantee agrees to provide to City all of the services specified and detailed in its application for Community Assistance. Grantee represents and warrants to City that it is able to provide, and will use funds granted by the City to provide the services represented in Grantee's Community Assistance Application. City- provided funds shall be used only for those purposes specified in such application. B. Grantee shall report to City in January 2016 on the services provided, with such detail as City may reasonably request. C. Financial Reporting: Any Grantee receiving or due to receive $20,000 or more from the City during the 2015-2016 fiscal year shall provide to City a financial statement prepared by a recognized accounting firm approved by or satisfactory to City's Administrative Services Director completed within the most recent twelve (12) months showing the Grantee's financial records to be kept in accordance with generally accepted accounting standards. The report shall include a general ledger balance sheet that identifies revenue sources and expenses in sufficient detail to demonstrate contract compliance and be balanced to bank statements. Any organization receiving or due to receive less than $20,000 in the current fiscal year from the City shall provide a copy of the organization's most recent charitable trust report to the Attorney General, or other financial information satisfactory to City's Administrative Services Director. The financial information provided for in this paragraph shall be furnished no later than January 31, 2016. 3. RESPONSIBILITIES OF CITY: A. In consideration of the performance by Grantee of the services as specified in Grantee's Community Assistance Application, the City shall pay a one time sum to the Grantee, during the Fiscal Year 2015-2016; those sums specified in Schedule A,payable within thirty(30) days of the delivery of an executed original of this Agreement. No payments shall be made until Grantee has submitted to City, in form satisfactory to the City's Administrative Services Director, a request for payment. B. The appropriation of funds by the City prior to or following the execution of this Agreement, for the expenditures and services contemplated herein, shall not create fixed or binding obligations upon the City to pay same to the Grantee in subsequent years; all payments shall be dependent upon the filing of proper request. 4. TERM OF AGREEMENT. This Agreement shall be effective as of July 1, 2015 and continue in effect until June 30, 2016, unless sooner terminated in accordance with the termination provisions set forth hereinafter. The parties contemplate that the City may desire to enter into a new Agreement for similar services for the subsequent Fiscal Year, but unless a new Agreement is entered into, Grantee shall not be obligated to provide any services, nor shall Grantee be entitled to payment for services rendered, after June 30, 2016. 5. UNILATERAL TERMINATION: Despite the provisions that this contract shall be in force until June 30, 2016, this Agreement may be terminated by either party, with or without cause, at any time upon either party giving thirty (30) days' written notice to the other party of said termination. Upon such notice being properly given, this Agreement shall terminate upon the date specified in the written notice. If this Agreement is so terminated the Grantee shall be compensated for the services provided as of the date of said termination based upon services rendered prior to termination, with compensation in proportion to the amount of expenditures and obligations properly shown by reports submitted. In the event that Grantee has received the full one time sum provided for in this Agreement at the time of any such termination, Grantee shall promptly refund any surplus funds to City. Amounts due shall be determined on a prorated basis based upon the period during which the Agreement continued in effect,prior to termination. 6. RELATIONSHIP OF PARTIES: It is understood that the contractual relationship of the City to the Grantee is that of Grantor/Grantee; Grantee is not the agent of the City, nor an employee of the City. City shall not direct the manner in which Grantee provides its services, but Grantee shall be responsible for the results achieved. The means by which Grantee provides the services specified hereunder shall be determined solely by Grantee. City shall exercise no control over the manner and details of performance, the specific hours that any employee of Grantee may work, who shall be employed by Grantee or which employee is assigned to any particular function or duties; nor shall City provide supplies or tools utilized to accomplish the tasks undertaken by Grantee. 7. ASSIGNMENT: This Agreement shall not be assigned or duties here under delegated by Contractor without the written consent of the City. 8. AMENDMENT: This Agreement may be amended or modified only by written agreement signed by both parties, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel performance of such provision or provisions. 9. HOLD HARMLESS: The City's relationship to the Grantee is solely that of a Grantor/Grantee. No employee of the Grantee is an employee or agent of the City in any respect, and Grantee shall be solely responsible for all activities of its employees, agents, its own independent contractors and third parties for all losses, costs, damages or injuries (including wrongful death) caused by or arising out of any act or omission of the Grantee, its employees, agents, or independent contractors relating to the services performed or to be performed by the Grantee hereunder. Grantee specifically agrees to save and hold harmless the City, its officers, employees and agents from any liability or claim of liability arising from performance under this Agreement. 10. CONTACT PERSONS: All contacts concerning the implementation or interpretation of this Agreement shall be made between the City Manager on behalf of City and the Executive Director of Grantee. 11. NOTICES: Whenever it shall be necessary for either party to serve any notice on the other party respecting this Agreement, such notice shall be served by certified mail addressed as specified below, unless and until a different address is specified by either party. Such notice shall be deemed to have been served within seventy-two (72) hours after the same has been deposited in the United States Post Office with postage fully prepaid thereon. This shall be valid and sufficient service of notice for all purposes. 12. OFFICERS AND DIRECTORS: Grantee shall provide to City a current listing of its officers and directors, and shall, within thirty (30) days after any change in such listing provide a new up-to-date listing of all officers and directors. 13. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties. Any prior representations, promises, or agreements, written or oral, by whom-so- ever made, are superseded by the terms and conditions set forth herein. Any purported term or condition not specified herein shall be deemed of no force or effect. The Community Assistance Application submitted by Grantee to City is considered as a part of this Agreement. 14. ATTORNEYS' FEES: In the event that any party to this Agreement shall bring an action to enforce the provisions of this Agreement or as a result of any default in the performance of any of the provisions of this Agreement, the prevailing party in such action shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, incurred by such party in connection with such action. 15. GOVERNING LAW: This Agreement shall be construed and governed by the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective authorized officers, effective as of July 1, 2015. GRANTEE: GRANTOR: Boys & Girls Club of Cathedral City CITY OF CATHEDRAL CITY A Municipa •orporation AI 5747 Executive Director Adminis ative Services Director <0, go.6„6767 sarr Print Name Print Name SCHEDULE "A" SERVICES TO BE PROVIDED BY GRANTEE (Application Attached and Incorporated with Agreement) All services specified in Grantee's application for funding for Fiscal Year 2015-2016 is the basis upon which this Agreement is founded and which Application is incorporated herein by reference and attached hereto. SUMS TO BE PROVIDED BY CITY TO GRANTEE In consideration for services rendered, City agrees to provide the sum of$35,000.00 to Grantee for Fiscal Year 2015-2016.