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HomeMy WebLinkAboutFoundation of Grand Terrace-2011-31 CO-SPONSORSHIP AGREEMENT FOR COMMUNITY EVENTS This CO-SPONSORSHIP AGREEMENT ("Agreement"), dated October 25, 2011 (the "Effective Date"), is entered by and between the CITY OF GRAND TERRACE, a public body corporate and politic (the "City"), and FOUNDATION OF GRAND TERRACE, an Affiliate of the Community Foundation, serving Riverside and San Bernardino Counties, a California non-profit corporation("Foundation"). RECITALS A. The City has provided various annual community events for many years for the benefit and enjoyment of residents in cooperation with community volunteers and with financial sponsorships from businesses and individuals. B. The Foundation of Grand Terrace is an affiliate of the Community Foundation serving Riverside and San Bernardino Counties, a 501 (c)(3) charitable organization, which was founded to strengthen the community by building permanent resources to support community needs. C. In consideration of their shared goals, the parties wish to cooperate in continuing the traditions to provide quality community events for the residents, through co-sponsorship of the event(s), specifically Community Day 2012 at Rollins Park. TERMS Section I. Term of Agreement. This Agreement shall commence on the Effective Date and shall expire on August 1, 2012. Section 2. City Responsibility. City shall be responsible for providing funding from the City's Community Events trust account for expenses directly related to Community Day, not to exceed $4,000 (Four Thousand Dollars). The City shall also provide the services of one maintenance worker on Community Day for up to eight (8) hours, who shall assist the Foundation with needed electrical service for the event functions. Section 3. Foundation Responsibility. Foundation shall be responsible for all Community Day planning, scheduling of entertainment and vendors, event set up and clean up, traffic and parking control, operating the snack bar, and providing special event insurance acceptable to City. Foundation shall ensure all vendors, contractors, and all other parties associated with Community Day are property insured and have valid licenses and permits, including any required health permits. Foundation is responsible for providing and ensuring any contractor provides Worker's Compensation Insurance for all persons conducting work as an employee under Section 3. Section 4. Termination of the Agreement. Notwithstanding the provisions of Section 1 above, the Agreement would terminate at the end of the term or upon 60 (sixty) days notice from the one party to the other party,whichever occurs first. Section 5. Notices. Unless otherwise specified in this Agreement, it shall be sufficient service or giving of any notice or other communication if by (i) first-class mail and (ii) registered and certified mail, postage prepaid, return receipt requested, or (if not sent by registered mail) by private courier service which provides evidence of delivery. Unless a different address is given by any party as provided in this Section, all such communications will be addressed as follows: To City: City of Grand Terrace Attention: City Clerk 22795 Grand Terrace Road Grand Terrace, California 92313 To Foundation: Foundation of Grand Terrace 22421 Baron Road, # 365 Grand Terrace, CA 92313 Section 6. Attorneys' Fees. In the event of any legal action hereunder, the prevailing party shall be entitled to recover, and the other party agrees to pay, reasonable attorneys' fees, expenses and the costs as the court may determine. Section 7. Entire Agreement. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered hereby, and all negotiations and agreements, statements or promises between the parties hereto or their agents. No prior agreements or understandings not contained herein shall be binding or valid against either of the Parties hereto. Section 9. Modification. Any amendments or modifications to this Agreement must be in writing and executed by all the parties to this Agreement. Minor modifications may be approved by the City Manager. Section 10. Interpretation: Governing Law. This Agreement shall be construed according to its fair meaning and as if prepared by both Parties hereto. This Agreement shall be construed in accordance with the laws of the State of California in effect at the time of the execution of this Agreement. Titles and captions are for convenience only and shall not constitute a portion of this Agreement. Section 11. Authority to Execute. Each individual executing this Agreement on behalf of a company, partnership or corporation represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such company, partnership or corporation in accordance with the authority granted under the formation documents of such entity, and, if a corporation, by a duly passed resolution of its governing board, that all conditions to the exercise of such authority have been satisfied, and that this Agreement is binding upon such entity in accordance with their respective terms. IN WITNESS WHEREOF, the City and Foundation have signed this Agreement as of the date set opposite their signatures. Foundation of Grand Terrace, a California non- profit corporation Dated: /(2 /j/// By: — % Title: "esiid, u(tCf47 /1 2/1/t/r- Title: Vice P sident, Community Events CITY OF GRAND TERRACE, a public body corporate and politic Dated: October 25, 2011 By: ) [Effective Date] Mayor ATTEST: a 9,it fl�( ?YI�P t ns�.t/1 City Clerk lS APPROVED AS O • City Attorney