HomeMy WebLinkAboutAssistance League of Rancho San Dieguito; 2012-07-03;GRANT AGREEMENT
THIS AGREEMENT is made on the<^^ day of (^xV^;cX<^ 2012,
("Commencement Date") by ASSISTANCE LEAGUE OF RANCHOSAWDIEGUITO a
California nonprofit corporation, hereinafter referred to as "Grantee," and the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as "City."
1. Description. City , as Grantor, agrees to provide Grantee with an
amount of money ("Grant") not to exceed seven thousand dollars ($7,000.00). The
purpose of the Grant is to provide funds to Grantee for the Operation School Bell
program.
2. Use of Grant Proceeds. Grant proceeds shall be used solely for
operating costs associated with the Assistance League of Rancho San Dieguito's
Operation School Bell program. Operating costs could include benefits to such
programs as Footsteps, Health Kits, Emergency Clothing, and Home Alone. The Grant
proceeds shall not be used for property acquisition or construction costs, or on any
publication containing political advertisements or advocacy for a particular ballot
measure or political candidate. Grantee shall submit to City documentation to verify that
the expenditure of Grant funds was consistent with this Agreement. The City reserves
the right to deny reimbursement of Grant proceeds for inappropriate expenditures in
violation of this Agreement.
3. Reimbursements. Reimbursement funds are to be released upon receipt
of a written request from the Grantee. The proceeds of the Grant shall be disbursed to
the Grantee in one installment and on a reimbursement basis only for expenditures
already made
4. Term. The term of this Agreement shall mean the period commencing on
March 13, 2012 and expiring on September 13, 2012. The term of this Agreement may
be extended by mutual written agreement of the parties.
5. Conditions of Funding and Disbursement. The City shall have no
obligation to provide the Grant proceeds or to make any subsequent disbursement of
grant proceeds, but may seek reimbursement of Grant proceeds, if any of the following
conditions are not satisfied:
(a) Grantee shall have executed this Grant Agreement, and all other documents
and security instruments required hereunder or reasonably necessary to effectuate the
purposes hereof; and,
(b) Grantee shall have strictly complied with, and performed under this Grant
Agreement, and any other agreement executed In connection with the Grant; and,
(c) Grantee shall have obtained all necessary approvals from the City; and.
(d) Grantee shall not expend any grant funds on publications containing political
advertisements or advocacy for a particular ballot measure or political candidate; and;
6. Accounting, Auditing and Reporting. If requested, the Grantee shall
permit the City to inspect Grantees' accounting records during normal business hours
upon 48 hours notice to Grantee, to verify use of the Grant proceeds and to conduct an
audit of the accounting records and expenditures, if the City deems that necessary.
Original records (receipts) must be maintained for two years and made available to the
City should they request to audit them.
7. Covenant Against Discrimination. Grantee agrees that neither it nor its
agents shall discriminate against any clients, prospective clients, employees,
prospective employees, contractors, or prospective contractors on the basis of race,
color, religion, sex, national origiri, age, disability or familial status.
8. Notices. Notices related to this Agreement shall be sent certified mail, return
receipt requested or by express delivery service or personal delivery, each with a
delivery receipt. Delivery shall be deemed effective as of the date shown on the delivery
receipt or the date delivery was refused, or the notice was returned as undeliverable in
those events.
The names and addresses of the persons who are authorized to give written notices or
to receive written notice on behalf of City and on behalf of Grantee under this
Agreement are as follows:.
Grantee: QM
Assistance League of Rancho San Dieguito City of Carlsbad
Attn: Wendy Morris Housing & Neighborhood Services Director
270 F North El Camino Real 2965 Roosevelt Street, Ste. B
Encinitas, CA 92024 Carlsbad CA 92008
(Remainder of Page Intentionally Left Blanl<)
The parties may subsequently provide written notice of a change of address in
accordance with this Section.
10. Indemnification. Grantee hereby agrees to defend, indemnify, and hold free
and harmless the City, its officers and employees, against any and all claims, damages,
losses, costs (including but not limited to attorney's fees) and liabilities of any kind
arising' directly or indirectly out of, or related in any way whatsoever to the provision of
Grant proceeds for the Assistance League of Rancho San Dieguito's Operation School
Bell program.
11. No Partnership or Joint Venture. The relationship between City and
Grantee is solely that of Grantor and Grantee. Under no circumstances shall Grantor
and Grantee be deemed to be partners or involved in a joint venture.
12. Modifications. This Agreement may not be modified or amended except
by written document executed by a duly authorized officer of City and Grantee.
13. Governing Law. This Agreement shall be construed in accordance with
and be governed by the laws of the State of California. Venue in the event of a dispute
shall be in the North San Diego County.
14 Severability. In the event that any provision or clause of this Agreement
conflicts with applicable law, such conflict shall not affect other provisions of this
Agreement, which can be given effect without the conflicting provision. To this end, the
provisions of this Agreement are declared to be severable.
15 Drafting Ambiguities. Grantee understands that it is aware that it has
the right to be advised by counsel with respect to the negotiations, terms and conditions
of this Agreement, and that the decision of whether or not to seek advice of counsel with
respect to this Agreement is a decision which is the sole responsibility of Grantee. This
Agreement shall not be construed in favor of or against either Party by reason of the
extent to which either Party participated in the drafting of this Agreement.
(Remainder of Page Intentionally Left Blank)
16. Signing Authority. The representative for each Party signing on behalf of
a corporation, partnership, joint venture or governmental entity hereby declares that
authority has been obtained to sign on behalf of the corporation, partnership, joint
venture, or entity and agrees to hold the other Party or Parties hereto harmless if It is
later determined that such authority does not exist.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be
executed as of the day and year first written above.
Assistance League of Rancho San Dieguito,
California Non-profit Corporation
'By:.
/endy IWDrris Wendy
Vice-President
(e-mail address^)
CITY OF CARLSBAD, a municipal
corporation of the State of California
By: ^^A^J^n7i^^^r^^^
City fJ^ager or Mayor ^f2. tffigCU^'^
ATTEST:
'By:.
(sign here)
(IN
;ity Clerk >V^r. ^.Oj^y
(print name/title)
' ^p-mail flHHrpRS^ \ (e-mail address)
If required by City, proper notary acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from
each of the following two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
(Remainder of Page Intentionally Left Blank)
otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney