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HomeMy WebLinkAboutReso 91-402 - Approve & Authorize the mayor to sign the MOU for Grant No. 91-76 between the COR & McConnel Foundation for the Project entitled Fourth of July Fireworks, 1992 RESOLUTION NO. 91- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE MEMORANDUM OF AGREEMENT FOR GRANT NO. 91-76 BETWEEN THE CITY OF REDDING AND THE McCONNELL FOUNDATION FOR THE PROJECT ENTITLED FOURTH OF JULY FIREWORKS, 1992. WHEREAS, the City of Redding submitted an application for funding from The McConnell Foundation for the 1992 Fourth of July Fireworks; and WHEREAS, The McConnell Foundation generously accepted the proposal for funding in an amount not to exceed $40,000.00; Grant No. 91-76 ; NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of Redding hereby approves the Memorandum of Agreement covering Grant No. 91-76 entered into by and between the City of Redding and The McConnell Foundation, a true copy of which is attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby authorized and directed to sign said Memorandum of Agreement on behalf of the City of Redding; and the City Clerk is hereby authorized and directed to attest the signature of the Mayor and to impress the official seal of the City of Redding thereto. i • • I HEREBY CERTIFY that the foregoing Resolution pertaining to the acceptance and execution of The McConnell Foundation Memo- randum of Agreement, Grant No. 91-76, was introduced and read at a regular meeting of the City Council of the City of Redding on the 17th day of September, 1991, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Buffum, Fulton, Moss & Dahl NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None MIKE DAHL, Mayor City of Redding ATTEST: /�,; r,"_ZVW Lel. y ETHEL A. NICHOLS, City Clerk FORM PROVED: R DALL A. HAYS, Ci y Attorney 2 MEMORANDUM OF AGREEMENT Grant Number 91-76 THIS MEMORANDUM OF AGREEMENT is made and entered into as of the date of execution, by and between The McConnell Foundation ("Foundation") and City of Redding ("Grantee"). Foundation agrees to make a grant to Grantee for an amount not to exceed $40,000 for a project entitled Fourth of July Firework.; 1992 ("Project"). The Project to be performed by Grantee is subject to the following Agreement: A. Grant Funds (1) Foundation will disburse grant funds for the Project to Grantee on a schedule to be determined between Foundation and Grantee. (2) Grantee shall be responsible for disbursing funds for the Project including any accrued interest on undisbursed funds, in payment of costs as provided in Proposal dated May 29, 1991 ("Proposal"). (3) Any sums not used by Grantee for the purpose of the Project remain the property of the Foundation and shall be returned to the Foundation at the conclusion of the Project. B. Responsibilities of Grantee Grantee is responsible: (1) To perform Project as outlined in the Proposal. (2) To complete the Project on or before July 31, 1992. Should the Project require additional time, Grantee shall request, in writing, an extension from the Foundation. (3) To provide any information to Foundation as it shall request for purposes of Foundation's administrative function. (4) To provide Foundation with written narrative and financial grant status reports regarding the Project on or before each June 30 and December 31 until the project is completed, and a final report upon completion. Grantee representative responsible for submittal of grant status reports will be (Name) (Address) (Phone Number) N emorandum of Agreement Grant Number 91-76 Page 2 of 3 (5) To indemnify and hold harmless Foundation against and from all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses, including reasonable attorney's fees due to the fault of caused by or resulting from the acts or failure to act of Grantee hereunder, which may be imposed upon, incurred by, or asserted against Grantee and Foundation relating to the Project or results of the Project. In case any proceeding is brought against Foundation by reason of any such claim, Grantee, upon written notice from Foundation shall, at Grantee's expense, resist or defend such action or proceeding by counsel approved by Foundation in writing. (6) Grantee assures Foundation it is an organization exempt under the United States Internal Revenue Code Section 501(c)(3), or is a government entity or subdivision thereof, and that should Grantee receive any notification of a pending or actual change in its tax status during the term of this grant it will immediately notify Foundation. C. Mutual Agreement The parties mutually agree that: (1) Any property or equipment purchased with funds provided by this grant will not be used by any person or entity for private benefit, but will instead be used exclusively for the approved purposes of the Project. (2) That the grant does not create a principal-agent relationship of any type between any parties hereto and that no party will, by act of omission or commission, foster any belief on the part of third parties that such relationship exists. (3) That all publicity associated with the Project will clearly identify The McConnell Foundation as the funding source per the following statement: "This project is funded by The McConnell Foundation, Redding, California. The McConnell Foundation is a private, nonprofit organization whose mission is to promote innovative projects." Memorandum of Agreement Grant Number 91-76 Page 3 of 3 (4) That all expenditures, including accrued interest, will be consistent with the Project budget described in the Grantee's proposal. Any budget line item fluctuation in excess of ten percent (10%) will be submitted to the Foundation for pre-approval in writing. However, in no event will salaries be allowed to exceed the original amount as shown on the Project budget. (5) That all financial records relating to the Project will be made available, on reasonable request, for audit by Foundation personnel, or its designated representatives, at any time during the term of the Project and for a period of three years following the termination of the Project.. (6) That, if Foundation is not satisfied with the progress toward achieving the goals of the grant, or if Foundation is of the opinion that Grantee is incapable of satisfactorily completing the work of the grant, then the Foundation in its sole discretion, may a. withhold payment of grant funds until the situation has been corrected, or b. declare the grant to be terminated. Prior to the time Foundation exercises its right to declare the grant to be terminated, it shall (i) provide 10 days written notice of the proposal to terminate to Grantee and shall (ii) offer Grantee a reasonable opportunity within that 10 day period to appear before appropriate representatives of Foundation and present Grantee's reasons why the proposed termination should not be made final. IN WITNESS WHEREOF, we have hereunto set our hands the date and year first above written. The McConnell Foundation By: Lee W. Salter, Executive Director Date City of Redding By: (signature) (title) Date FO APPROVED cmr LEGAL .