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HomeMy WebLinkAbout04556 - CITY OF INDIAN WELLS FUNDING AGREEMENT �/�(. jQi� City of Indian Wells (/i- Funding Agreement AGREEMENT #4556 , f� M07147, 9-4-02 k �(`� FUNDING AGREEMENT Nevca2 � � THIS AGREEMENT is executed on February 27, 2003, by and between the CITY OF INDIAN WELLS, a municipal corporation of the State of California, U hereinafter referred to as "City," and the City of Palm Springs, California. WHEREAS, the City of Palm Springs has requested funding for use in the fountain area of the Sonny Bono concourse at the Palm Springs International Airport, and; WHEREAS, the City of Indian Wells wishes to provide community assistance funding to the City of Palm Springs for the purpose of providing the services and/or programs described. NOW, THEREFORE, IT IS AGREED as follows: 1. Community Services. The City of Palm Springs, California agrees to provide to City and its residents the services and/or programs as described above. Palm Springs acknowledges that all funds shall be used for the fountain area of the Sonny Bono concourse area of the Palm Springs International Airport as described in Palm Springs' presentation to City's City Council on July 18th 2002. (a) Amount. City hereby allocates to the City of Palm Springs, California, for Fiscal Year 2002-03 the sum of Two Thousand Dollars ($2,000). This allocation shall be provided by City to pay all approved expenditures made in accordance with the program as described above. (b) Method of Payment. City shall retain the right to select the method and frequency of payment. (c) Payment Due. The City shall disburse funds upon execution of said agreement unless otherwise changed by the City. 2. Reimbursement. All amounts paid to the City of Palm Springs, California pursuant to this Contract shall be subject to reimbursement upon the occurrence of any of the following events: (a) The City of Palm Springs, California terminates or attempts to terminate this Contract for any reason other than City's failure to make payments as provided hereunder; or (b) The City of Palm Springs, California fails to fulfill the responsibilities, duties, and obligations set forth herein. C:\DOCUME-1\Troy6\LOCALS-1\Temp\Funding_Agreemeat-Palm Springs.doc City of Indian yVells Funding Agreement Page No. 2 3. Administration of Agreement. The City Manager is hereby designated as administrator of this Agreement and is hereby authorized on behalf of the City to make any determination 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 Nonprofit 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 Nonprofit promises to take appropriate corrective action immediately. 5. Indemnification. The City of Palm Springs, California 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 Nonprofit 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) The City of Palm Springs, California 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 February 27, 2003 and shall terminate June 30, 2003. 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. This Agreement supersedes all previous agreements, if any, between the parties. 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. aty of Indian Funding Agree t Page No. 3 10.Assignability. The City of Palm Springs, California 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 DIAN WELLS CITY OF PALM SPRINGS By. Bye �- Robert A. Bernheimer, Mayor fl ATTEST: Linda Furbee, City Clerk APPROVED AS TO FORM: By: C n L. Cook, City Attorney I CITY OF INDIAN WELLS ACCOUNTS PAYABLE CHECK NO. 10729 INVOICENUMBER� :DATE,,,' P.O.NUMBER .`'?.- D--. ESCFIPTION . '"dISCOI�NT'?, � 'AMOUNT- , CONTRIBUTION 03/06/2003 006593 3/03 REPONMI&ri SONY BONO FOUNTAIN 0.00 2,000.00 C PLEASE DETACH BEFORE DEPOSITING ,PACIFIC WESTERN BANK BAANCH NPiS . - CITY OF INDIAN WELLS INOIAN WELLS CA 922 b ~YT 44-950 ELDORADO DRIVE 903824n222 ijuMeEA ,' _ _ 1N6IAN WELLS, CA 92210-7 - VENDOR :(760)346-2489 7_ '- `" NUMBER _ , , AAiE CHEGK AMOUNT =0 06034 03/20/2003 10729 2 000 00 PAY Two Thousand DpIlars and.No Cents TO THE PALM SPRINGS, CITY OF " ORDER 3206TAHOUITZ CANYON WAY PALM SPRINGS, CA 92262 OF V0010729u' 1: 12.22313200r 045 SDITGOul j�" �_r.:�' :_: y 3..... .r ;'a,. ''r `vx't