HomeMy WebLinkAbout1998-069 Atascadero Comm. Svc. Found. Scholarship to Assist Low Income Youth FCIT"F ATS A A R
CONTRACT
AGREEMENT FOR GRANT OF CDBG FUNDS
TO ESTABLISH A SCHOLARSHIP FUND TO ASSIST LOW INCOME YOUTH
IN PARTICIPATING IN ORGANIZED RECREATIONAL AND SOCIAL
ACTIVITIES �,��,,, �
THIS AGREEMENT is made and entered into this I day of QI�3�`"`J1998, by
and between ATASCADERO COMMUNITY SERVICES FOUNDATION, a California
nonprofit corporation (hereinafter referred to as "ATASCADERO COMMUNITY
SERVICES FOUNDATION", and the CITY OF ATASCADERO, a political subdivision
of the State of California (hereinafter referred to as"the City").
WITNESSETH:
WHEREAS, ATASCADERO COMMUNITY SERVICES FOUNDATION
provides scholarships to enable youth to participate in organized activities such as
daycare, organized sports, dance classes, swimming lessons, etc., who might otherwise be
unable to due to the cost; and
WHEREAS, ATASCADERO COMMUNITY SERVICES FOUNDATION
requested funding in the amount of $4,000 through the Community Development block
Grant (CDBG)Program to provide scholarships; and
WHEREAS, on April 29, 1998 the San Luis Obispo County Board of
Supervisors approved the County of San Luis Obispo Consolidated Plan and projected
use of funds pursuant to applicable federal regulations (24 CFR Part 570), hereinafter
referred to as the "1998 Consolidated Plan," providing for $4,000 from the 1998 CDBG
Program to enable ATASCADERO COMMUNITY SERVICES FOUNDATION to carry
out the project; and
1998 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 1
NOW
WHEREAS, HUD approved the 1998 one year action plan of the consolidated
Plan by executing a grant agreement; and
WHEREAS, ATASCADERO COMMUNITY SERVICES FOUNDATION is an
eligible entity (a nonprofit 501(C)(3) corporation) to act as designated project sponsor
and, as such, ATASCADERO COMMUNITY SERVICES FOUNDATION will carry
out the Project; and
NOW, in cons din-ation of the mutual promises, recitals and other provisions
hereof, the parties agree as follows:
1. Scope of Activities
All funds received will be awarded within 18 months of the approval of this
Agreement by the ATASCADERO COMMUNITY SERVICES FOUNDATION.
2. Reporting
(a) ATASCADi RO COMMUNITY SERVICES FOUNDATION shall
submit quarterly progress reports to the City Administrative Services Department
describing the progress made toward accomplishing the above-listed activities.
ATASCADERO COMMUNITY SERVICES FOUNDATION agrees to submit to the
City Administrative Services Department a final report within 60 days of completing the
Project, describing which of the Project objectives and activities ATASCADERO
COMMUNITY SERVICES FOUNDATION has accomplished, with sufficient detail to
enable the City to properly evaluate ATASCADERO COMMUNITY SERVICES
FOUNDATION performance in completing the objectives and activities of the Project.
1998 CDBG—ATASCADERO COMMUNITY SERVICES FOUNDATION 2
(b) The City shall prepare and submit all CDBG reports required under its
Grant Agreement with HUD.
3. City Responsibilities
City shall be responsible for fulfilling responsibilities of the Grantee pursuant to
the Grant Agreement.
4. Relationship to Grant Agreement
ATASCADERO COMMUNITY SERVICES FOUNDATION acknowledges and
agrees that this Agreement is subject to the obligations and limitations imposed on the
City by the Grant Agreement and all future amendments to Grant Agreement and is
intended to be in confoi.iiance and harmony with it. ATASCADERO COMMUNITY
SERVICES FOUNDATION further acknowledges that if the Grant Agreement is
terminated by the United States Government, prior to its implementation by appropriation
and/or funding, the City shall have the right to terminate or amend this Agreement by
giving written notice of the termination or amendment of this Agreement to
ATASCADERO COMMUNITY SERVICES FOUNDATION. ATASCADERO
COMMUNITY SERVICES FOUNDATION hereby expressly agrees to the provisions of
the Grant Agreement and further expressly agrees that nothing in this Agreement shall be
deemed to require the City to perform an obligation in conflict with the Grant agreement.
ATASCADERO COMMUNITY SERVICES FOUNDATION further agrees that the
city's rights to enter into amendments to the Grant Agreement is not, and shall not be
restricted or impaired, in any way, by this Agreement.
1998 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 3
5. Compensation
Subject to the terms and conditions of this Agreement (including the availability
of CDBG funds to the City), City shall provide to ATASCADERO COMMUNITY
SERVICES FOUNDATION the amount of $4,000 to enable ATASCADERO
COMMUNITY SERVICES FOUNDATION carry out the Project. In no instance shall
the City be liable for any costs of the Project in excess of $4,000, nor for any
unauthorized or ineligible costs. ATASCADERO COMMUNITY SERVICES
FOUNDATION shall not obligate or expend any part of the $4,000 for purposes other
than providing youth scholarships.
(c) If the Project is not successfully completed, the $4,000 will be returned to
the City Administrative Services Director.
6. Term of Agreement
The term of this Agreement shall commence on the date first above written and
shall terminate 20 years from the date, unless sooner terminated as hereinafter provided.
7. Termination of Agreement for Cause
If City determines that ATASCADERO COMMUNITY SERVICES
FOUNDATION has incurred obligations or made expenditures for purposes which are
not permitted or are prohibited under the terms and provisions of this Agreement, or if
City determines that ATASCADERO COMMUNITY SERVICES FOUNDATION has
failed to fulfill its obligations under this Agreement in a timely and professional manner,
or if ATASCADERO COMMUNITY SERVICES FOUNDATION is in violation of any
of the terms or provisions of this Agreement, or if City is given notice by HUD or the
County that HUD or the County is terminating its Grant Agreement with the City, or if
1998 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 4
ATASCADERO COMMUNITY SERVICES FOUNDATION makes a general
assignment for the benefit of ATASCADERO COMMUNITY SERVICES
FOUNDATION creditorF, or if a receiver should be appointed in the event of
ATASCADERO COMMUNITY SERVICES FOUNDATION insolvency, then City shall
have the right to terminate this Agreement effective immediately upon giving written
notice thereof to ATASCADERO COMMUNITY SERVICES FOUNDATION.
Termination shall have no effect upon the rights and obligations of the parties arising out
of any transaction occurring prior to effective date of such termination. If City's
termination of ATASCADERO COMMUNITY SERVICES FOUNDATION Agreement
for cause is defective for any reason, including but not limited to City's reliance on
erroneous facts coni erning ATASCADERO COMMUNITY SERVICES
FOUNDATION performance, or any defect in the notice thereof, City's maximum
liability shall not exce.;d the amount payable to ATASCADERO COMMUNITY
SERVICES FOUNDAI ION under paragraph five (5) of this Agreement.
8. Termination for Convenience
Either party may terminate this Agreement at any time by giving the other party 30 days
written notice of such termination. Termination shall have no effect upon the rights and
obligations of the parties arising out of any transaction occurring prior to the effective
date of such termination. Contractor shall be paid for all work satisfactorily completed
prior to the effective date of said termination.
9. Sources and Availability of Funds
It is understood by the parties thereto that the funds being used for the purpose of
this Agreement are funds furnished to City through HUD pursuant to the provisions of
1998 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 5
the Act. Notwithstanding any other provision of this Agreement, the liability of City
shall be limited to CDBG funds available for the project. ATASCADERO
COMMUNITY SERVICES FOUNDATION understands that City must wait for release
of funds from HUD before grant funds may be advanced or reimbursed. City shall incur
no liability to ATASCADERO COMMUNITY SERVICES FOUNDATION, its officers,
agents, employees, suppliers, or contractors for any delay in making any such payments.
10. Reimbursement of Improper Expenditures
If any time within applicable statutory periods of limitation it is determined by
City or by HUD or its duly authorized representatives, or by the United States Secretary
of Treasury or his duly authorized representatives that funds provided for under the terms
of this Agreement have been used by or on behalf of ATASCADERO COMMUNITY
SERVICES FOUNDATIOi�T in a manner or for purposes not authorized or prohibited by
said Act or regulations adopted pursuant thereto ATASCADERO COMMUNITY
SERVICES FOUNDATION shall, at City's request, pay to City an amount equal to one
hundred percent of the amount improperly expended.
11. Employment Status
ATASCADERO COMMUNITY SERVICES FOUNDATION shall, during the
entire term of this Agreement, be construed as a contractor, and nothing in this
Agreement is intended nor shall be construed to create an employer-employee
relationship or a joint venture relationship. Neither ATASCADERO COMMUNITY
SERVICES FOUNDATION nor any of ATASCADERO COMMUNITY SERVICES
FOUNDATION agents, employees, or contractors are or shall be considered to be agents
1998 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 6
or employees of the City or HUD in connection with the performance of ATASCADERO
COMMUNITY SERVICES FOUNDATION obligations under this Agreement.
12. Records
(a) All records, accounts, documentation and all other materials relevant to a
fiscal audit or examination, as specified by HUD, shall be retained by ATASCADERO
COMMUNITY SERVICES FOUNDATION for a period of not less than three (3) years
from the date of termination of this Agreement.
(b) If so directed by the City or HUD upon termination of this Agreement
ATASCADERO COMMUNITY SERVICES FOUNDATION shall cause all records,
accounts, documentation and all other materials relevant to the work to be delivered to
the City or HUD as depository.
(c) ATASCAD::RO COMMUNITY SERVICES FOUNDATION
understands that ATASCADERO COMMUNITY SERVICES FOUNDATION shall be
subject to the examination and audit of the City Administrative Services Director for a
period of three (3) years after the final payment under this Agreement.
13. Audit
(a) All records, accounts, documentation and other materials deemed to be
relevant to the work by the City or HUD shall be accessible at any time to the authorized
representatives of the county, state or federal government, on reasonable prior notice, for
the purpose of examination or audit.
(b) An expenditure which is not authorized by this Agreement or which
cannot be adequately documented shall be disallowed and must be reimbursed to the City
or its designee by ATASCADERO COMMUNITY SERVICES FOUNDATION.
1998 CDBG—ATASCADI-RO COMMUNITY SERVICES FOUNDATION 7
Expenditures for work rot described in paragraph one (1) of this Agreement shall be
deemed authorized if the performance of such work is approved in writing by the City or
HUD prior to the comm encement of such work.
(c) Absent fraud or mistake on the part of the City or HUD, the determination
by the City and HUD of allowability of any expenditure shall be final.
14. Entire Agreement and Modifications
This Agreement sets for the full and entire understanding of the parties regarding
the matter set forth her—,in, and any other prior to existing understandings or Agreements
by the parties, whether formal or informal, regarding any matters are hereby superseded
or terminated in their entirety. No changes, amendments, or alterations shall be effective
unless in writing and signed by all parties hereto. ATASCADERO COMMUNITY
SERVICES FOUNDAT?ON specifically acknowledges that in entering into and
executing this Agreement, ATASCADERO COMMUNITY SERVICES FOUNDATION
relies solely upon the provisions contained in this Agreement and no others.
15. Funding for Additional Services
Funding for any programs, projects, or services beyond the term of this
Agreement, by any new agreement or amendment or extension of this Agreement, have
not been authorized and will depend upon City's determination of satisfactory
performance of this Agreement by ATASCADERO COMMUNITY SERVICES
FOUNDATION and upon the availability to City of additional grant funds allocated for
such purposes. Neither City nor any employee of City has made any promise or
commitment, express or implied, that any additional funds will be paid or made available
to ATASCADERO COMMUNITY SERVICES FOUNDATION for the purpose of this
1998 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 8
°low
Agreement over and above the funds expressly allocated under the terms of this
Agreement.
16. Compliance with City Count and State Laws and Regulations
ATASCADERO COMMUNITY SERVICES FOUNDATION agrees to comply
with all City, County and State laws and regulations that pertain to construction, health
and safety, labor, fair employment practices, equal opportunity and all other matters
applicable to ATASCADERO COMMUNITY SERVICES FOUNDATION, its
subcontractors, and the work.
17. Compliance with Federal Laws and Regulations
ATASCADERO COMMUNITY SERVICES FOUNDATION agrees to comply
with all federal laws and regulations applicable to the CDBG program and to the work.
18. No Assignment Without Consent
Inasmuch as c',-,is Agreement is intended to secure the specialized services of
ATASCADERO COMMUNITY SERVICES FOUNDATION, and ATASCADERO
COMMUNITY SERVICES FOUNDATION shall not have the right to assign or transfer
this Agreement, or any part hereof or monies payable hereunder, without the prior written
consent of City, and any such assignment or transfer without the City's prior written
consent shall be considered null and void.
19. Law Governing_and Venue
This Agreement has been executed and delivered in the State of California, and
the validity, enforceabi."ity and interpretation of any of the clauses of this Agreement shall
be determined and governed by the law of the State of California. All duties and
obligations of the parties created hereunder are performable in San Luis Obispo County,
1998 CDBG-ATASCADERG COMMUNITY SERVICES FOUNDATION 9
' 'fir '`r.►°
and such County shall be that venue for any action, or proceeding that may be brought, or
arise out of, in connection with or by reason of this Agreement.
20. Enforceability
If any terms, covenant, condition or provision of this Agreement is held by a court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
21. Binding on.Successors in Interest
All provisions of this Agreement shall be binding on the parties and their heirs,
assigns and successors in interest.
22. Effect of Waiver
City's waiver or t,reach of any one terms, covenant or other provision of this
Agreement shall be riot a waiver of a subsequent breach of the same term, covenant or
provision of this Agreement or of the breach of any other term, covenant or provision of
this Agreement.
23. Patents & Royalties
(a) ATASCADERO COMMUNITY SERVICES FOUNDATION shall
provide and pay for all licenses and royalties necessary for the legal use and operation of
any of the equipment or specialties used in the Project. Certificates showing the payment
of any such licenses or royalties, and permits for the use of any patented or copyrighted
devices shall be secun.-d and paid for by ATASCADERO COMMUNITY SERVICES
FOUNDATION and delivered to the City upon completion of the Project, if required.
1998 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 10
(b) ATASC,,IDERO COMMUNITY SERVICES FOUNDATION shall
assume all costs arising from the use of patented materials, equipment, devices, or
processes used in or incorporated in the Project and agrees to indemnify and hold
harmless the City and its duly authorized representatives, from all suits of law, or actions
of every nature for or on account of the use of any patented materials, equipment,
devices, or processes.
24. Notices
Unless otherwise provided, all notices herein required shall be in writing, and
delivered in person or sent by United States first class mail, postage prepaid. Notices
required to be given to City shall be addressed as follows: Administrative Services
Director, City of Atascad:;ro, 6500 Palma Avenue, Atascadero, CA 93422. Notices
required to be given to ATASCADERO COMMUNITY SERVICES FOUNDATION
shall be addressed as follows: ATASCADERO COMMUNITY SERVICES
FOUNDATION, Attention: Brady Cherry, Secretary, P.O. Box 1898, Atascadero, CA
93423.
Provided that any party may change such address by noticing in writing to the
other parties and thereafter, notices shall be transmitted to the new address.
IN WITNESS WI'IEREOF, the parties hereto have executed this Agreement as of
the day and year first above written.
ATASCADERO COMMUNITY SERVICES FOUNDATION
Brady Cherry, Secretary
1998 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 11
CITY OF ATASCADERO
� II c
WADE G. MCKEN NEY
City Manager
APPROVED AS TO FORM AND LEGAL EFFECT:
ROY HANLEY
City orney
1998 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 12