HomeMy WebLinkAboutCaring Residents of Carlsbad; 2014-04-07;(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 dunng 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
Ongmal 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 discnminate against any clients, prospective clients, employees,
prospective employees, contractors, or prospective contractors on the basis of race,
color, religion, sex, national origin, 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
Canng Residents of Carlsbad
Attn Tom Maddox
PO Box2194
Carlsbad, CA 92018
Citv
City of Carlsbad
Housing & Neighborhood Services Director
1200 Carlsbad Village Drive
Carlsbad CA 92008
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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
ansing directly or indirectly out of, or related in any way whatsoever to the provision of
Grant proceeds for the Canng Residents of Carlsbad
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 nght 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
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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
Canng Residents of Carlsbad,
California Non-profit Corporation
*Bv r^^^wv [^f^jc^y^^
Tom Maddox (signature)
(pnnt name/PRESIDENT)
(e-mail address)^
CITY OF CARLSBAD, a municipal
corporation of the State of California
By ^^7yL
City Manager or Mayor
Department Director Glen Van Peski
ATTEST
mARA ENGLESC
City Clerk ill"'////
a VJ o< ^-e (pnnt nameATREASURER) .Ce c\"^<^^y
(e-mfeil 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
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otherwise, the corporation must attach a resolution certified by the secretary or
assistant secretary under corporate seal empowenng the officer(s) signing to bind the
corporation
APPROVED AS TO FORM
CELIA A BREWER, City Attorney
By
tant City Attorney
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