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Home My WebLink About05172 - PLAZA RACQUET CLUB DISADVANTAGED YOUTH TENNIS CLINICS I he Plaza Racquet Glub Disadv. Youth Tennis Clinic AGREEMENT #A5172 CM signed, 10-5-05 FUNDING AGREEMENT THIS AGREEMENT is executed on September 23 2005 by and between the CITY OF PALM SPRINGS, a municipal corporation of the State of California, hereinafter referred to as "City," and The Plaza Racquet Club, a sole proprietorship, hereinafter referred to as "Racquet Club." WHEREAS, the City recognizes the importance of Community Based Organizations (CBO) and the many services they provide to families and individuals both within the City and throughout the Coachella Valley; WHEREAS, the Racquet Club offers youth tennis clinics throughout the year; WHEREAS, the Racquet Club has attempted to provide financial scholarships to disadvantage youth to help cover the cost of the clinics and related equipment; WHEREAS, the Racquet Club has limited financial resources and is only able to provide a few scholarships annually; WHEREAS, the City has received a generous grant from the Irene and Guy Anderson Children's Foundation to fund youth tennis programs within the community; WHEREAS, the City wishes to provide this grant to the Racquet Club to help fund additional scholarships for disadvantaged youth wishing to participate in their youth tennis clinics. NOW, THEREFORE, IT IS AGREED as follows: 1. Community Services. Racquet Club agrees that any funding provided by City will be used to provide scholarships for underprivileged youth to cover the cost of the tennis clinics and related equipment. (a) Amount. City hereby allocates to Racquet Club for the sum of $10,000. This allocation of funds shall be provided by City to pay all approved expenditures made in accordance with the community service program set forth in Section 1. (b) Method of Payment. City shall retain the right to select the method and frequency of payment. (c) First Payment Due. The City shall disburse funds upon receipt of a written invoice prepared and furnished by Racquet Club. ;)VtVC;,11uF9 a'i ERE) ANiD/(A' t d.RI V S'�dE,V9`il 2. Reimbursement. All amounts paid to Racquet Club pursuant to this Contract shall be subject to reimbursement upon the occurrence of any of the following events: (a) The dissolution of the Racquet Club; or (b) The cancellation or suspension of their Tennis Clinic Program; or (c) Racquet Club terminates or attempts to terminate this Contract for any reason other than City's failure to make payments as provided hereunder; or (d) Racquet Club fails to fulfill the responsibilities, duties, and obligations set forth herein. 3. Administration of Agreement. The City Manager is hereby designated as the administrator of this Agreement and is hereby authorized on behalf of the City to make any determinations necessary for implementation of the provisions of this Agreement. 4. Audits. City shall have the right to monitor and audit all work performed under this Agreement. City will notify Racquet Club in writing within thirty (30) days of any potential exceptions discovered during such audits. Where such findings indicate that agreement requirements are not being met, upon such written notification Racquet Club promises to take appropriate corrective action immediately. 5. Indemnification. Racquet Club agrees to indemnify, defend and save City, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, materialmen, laborers, and any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this Agreement and for any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Racquet Club in the performance of this Agreement. 6. Compliance with Law. (a) All work done under this Agreement shall be done in compliance with the applicable provisions of the federal and state laws and any regulations promulgated thereunder. (b) Racquet Club agrees to comply with all state or local licensing standards; all applicable accrediting standards and any other standards or criteria established by the state or local laws to assure quality of service. (c) This Agreement shall be governed and construed in accordance with the laws of the State of California. 7. Term of Agreement. The effective date of this Agreement shall be September 23, 2005 and shall terminate June 30, 2006. 8. Complete Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 9. Amendments. Any alterations, variations, modifications or waivers of provisions to this Agreement shall be valid only when reduced to writing duly signed and attached to the original of this Agreement. 10. Assignment. Racquet Club shall not assign any interest in this Agreement without the prior written consent of City, and any attempted assignment without such consent shall be void. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto on the date first above written. CITY OF PALM SPRINGS PLAZA RACQUET CLUB David H. Ready,city Mp ager Kurt Haggstrom, Tennis Director ATTES—T-- Clerk APPROVED By CITY MANAGER APP'RO AS TO FO By: 7 1� -� Title "s1 _i*d$ 3i � a v ,L wYq"[4trnt,+ ..: JI I_I I , File Edit Generate Letters -Transactions Reports Maintenance it ilillilitillililiv Mon Gen.Leiters Transictror�s Reports... Wintenance H* EXR-PtoDrun e _ UT Document 4. ."A5172 JGfTY MAPdAGER DeSctq>tlOct; :Disadaarrtaged YvAh Tennis C16cs(money Fr*sm Anderson kkeri Cto s Frwndati _. ._.... ; :: Firlauciais Apprav"ate; 10h77t20G5 EXjrlre.Date: 46t39t24D6 CIOse(I Nit 17 Owed•. 000 i ronrpairf.. The Plaza Racquet r hclr _i .)<Rel: 3L htAtt CAR P.ust -0 00 - - _--=_ Sikftaflow 11mranceDepartment Address;- j - - — Q r St: Z): Plc Ext: Bal: $[!.0 m r ► - . . Fax: ( 1 &Mail: service: In Fde i _ . . hismance Statics: IMw Buy.lDactive Document Tracking Items IDIA click lrea4lirlg to Soft] tJ(a. C9rfe hero: °: - '- Due_Bv"IcarnowedTrtmgi5te` =ArntAdd?d `:AmtFaid dishib to depi I i ;! i 1[3f11ItJ5 Ci.QC1; .0 -i'- - - -- - - #text _ x Aocu� Trk I otes. Adel-flew Docu, - Delete DOsu_, Sctar:Ni"tt - _ - -- previous, -yrsurn +.uce �pgcf&nr . AddAew Trk:: '6erTrkurg horn - - Done QStart "i .. �1 � _ irbc - r-4� .. ,, Fastrack .., �: ocum.., �Trars m... I � , 1}_zap 9:26 Ahi QF PAIN, s A� :k M E M O R A N D U M �9IfPp R�� TO: Troy, Butzlaff Assistant City Manager-Administration FROM: Kathie Hart Chief Deputy City Clerk DATE: October 10, 2005 SUBJECT: The Plaza Racquet Club A5172 cc: File Attached are two (2) duplicate originals of the above referenced agreement for distribution. We have retained the original our files. (Please feel free to contact me if there are any questions, ext. 8206. I'kdh attach.