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HomeMy WebLinkAbout2001-009 Atascadero Comm. Serv. Found. Youth Scholarship Fund CITY OF ATAS ADn-R0 ''"'w 11 CO�ITRAC� T��"''o AGREEMENT FOR GRANT OF CDBG FUNDS TO ESTABLISH A SCHOLARSHIP FUND TO ASSIST LOW INCOME YOUTH IN PARTICIPATING IN ORGANIZED RECREATIONAL AND SOCIAL ACTIVITIES --ter THIS AGREEMENT is made and entered into this /� day of 2001, 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 $6,000 through the Community Development block Grant (CDBG)Program to provide scholarships; and WHEREAS, on April 30, 2000 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 "2000 Consolidated Plan," providing for $6,000 from the 2000 CDBG Program to enable ATASCADERO COMMUNITY SERVICES FOUNDATION to carry out the project; and 2000 CDBG—ATASCADERO COMMUNITY SERVICES FOUNDATION 1 WHEREAS, HUD approved the 2000 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 consideration 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) ATASCADERO 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. 2000 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 conformance 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. 2000 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 3 `ote 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 $6,000 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 $6,000, nor for any unauthorized or ineligible costs. ATASCADERO CONMJNITY SERVICES FOUNDATION shall not obligate or expend any part of the $6,000 for purposes other than providing youth scholarships. (c) If the Project is not successfully completed, the $6,000 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 2000 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 4 �' ATASCADERO COMMUNITY SERVICES FOUNDATION makes a general assignment for the benefit of ATASCADERO COMMUNITY SERVICES FOUNDATION creditors, 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 concerning ATASCADERO COMMUNITY SERVICES FOUNDATION performance, or any defect in the notice thereof, City's maximum liability shall not exceed the amount payable to ATASCADERO COMMUNITY SERVICES FOUNDATION 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 2000 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 5 ,%we stool 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 FOUNDATION 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 2000 CDBG—ATASCADERO COMMUNITY SERVICES FOUNDATION 6 *4 + 11400 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) ATASCADERO 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. 2000 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 7 *AW 1000 Expenditures for work not 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 commencement 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 herein, 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 FOUNDATION specifically acknowledges that in entering into and executing this Agreement, ATASCADERO CONEVIUNITY 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 CONMJNITY 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 2000 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 8 "w"' `410 Agreement over and above the funds expressly allocated under the terms of this Agreement. 16. Compliance with City, County 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 this 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, enforceability 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, 2000 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 9 *,v 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 breach of any one terms, covenant or other provision of this Agreement shall be not 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 &Ro a�lties (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 secured and paid for by ATASCADERO COMMUNITY SERVICES FOUNDATION and delivered to the City upon completion of the Project, if required. 2000 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 10 (b) ATASCADERO 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 Atascadero, 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 WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ATASCADERO COMMUNITY S S FOUNDATION Brady Cherry, Secretary 2000 CDBG—ATASCADERO COMMUNITY SERVICES FOUNDATION I Y CITY OF ATASCADERO MM � WADE G. McKINNEY City Manager APPROVED AS TO FORM AND LEGAL EFFECT: RO HANLEY Cit ttorney 2000 CDBG-ATASCADERO COMMUNITY SERVICES FOUNDATION 12