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HomeMy WebLinkAboutResolution 2008-052 discretionary funding to build up purposeMARANA RESOLUTION N0.2008-52 RELATING TO COMMUNITY DEVELOPMENT; GRANTING $5,000 IN DISCRETIONARY FUNDING TO BUILD UP PURPOSE, AN ARIZONA 501 (C) (3)NON-PROFIT ORGANIZATION, TO SUPPORT PROGRAMS THAT OFFER POSITIVE ACTIVITIES FOR MARANA YOUTH AND FAMILIES. WHEREAS, the Town of Marana has established a discretionary fund to support local non-profit and grassroots organizations which forward the priorities set by Mayor and Council; and WHEREAS, Mayor and Council recognize the need to promote programs that encourage positive activities for Marana youth and families; and WHEREAS, Build Up Purpose, an Arizona 501 (c)(3)nnn-profit organization, is requesting $5,000 to support programs that empower young people and provide hands-on learning experiences for Marana youth; and WHEREAS, Build Up Purpose is providing community-based programs that teach entrepreneurial skills and offer a positive, creative outlet for teens to help reduce the rate of youth dropping out of high school. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that Build Up Purpose is granted $5,000 to continue providing educational programs for Marana youth; PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1st day of April, 2008. ~~c--~. ~----- Mayor Ed onea ATTEST: elyn .Bronson, Town Clerk ,~1'I~1~g~ ~;~ ~i ~~I~s- kilE1i11/OSSO~i~ ~ORooo~Tf y .u ,~ r o` ~i~iat-t~~~~ ~~ viz. ~9~~0 DISCRETIONARY FUNDING AGREEMENT BUILD UP PURPOSE, INC. THIS DISCRETIONARY FUNDING AGREEMENT (this "Agreement") is entered into by and between the TOwN OF MARANA, an Arizona municipal corporation (the "Town") and the Build Up Purpose, Inc., an Arizona 501 (c) 3 non-profit corporation (the "Agency"). The Town and the Agency are sometimes referred to collectively as the "Parties," either of which is sometimes individually referred to as a "Party." RECITALS A. The Agency provides benefits to the Town and its residents by supporting pro- grams that enrich the lives and provide safe environments for older Marana citizens. B. The Agency has filed an application with the Town for discretionary funding to provide general support. G. The Town has reviewed the Agency's application and has determined that the heritage and general welfare of the citizens of Marana will be substantially advanced by authorizing the funding under the terms and conditions and for the purposes as set forth in this Agreement. D. The Parties acknowledge that tracking Town payments and Agency outputs and outcomes resulting from the Town funding is prudent practice to assure that public funds are appropriately used and that the public receives the anticipated benefits of the funding. AGREEMENT Now, THEREFORE, based on the foregoing recitals, which are incorporated here by reference, the Parties agree as follows: 1. Funding. The Town hereby commits $2,500 of discretionary funding from the Town's Fiscal year 2007-08 budget to the Agency to fund "Food Plus" and "Emergency Food Boxes". 2. Outputs and/or Outcomes. Between July 1, 2007 and June 30, 2008, the Agency hereby agrees to provide the following. outputs and/or outcomes with the Town general assistance funding provided under this agreement: 2.1. Output -Engage 100 youth in program activities. 2.2. Output -Produce 25 youth-run, youth-focused TV programs to air on Comcast in Marana. 2.3. Output -Provide 500 hours of has-on aircraft/aerospace experience for Marana youth. 2.4. Outcome -Increase the level of youth engaged in positive activities. Build Up Purpose Conhaet Documents 2007-2008 - i - 3. Payment. Request. Not more than-once a month, the Agency shall complete and submit a payment request form to the Town in the form attached as Exhibit A. 4. Quarterly Report. Within 15 days after the end of each quarter the Agency shall complete and submit a report to the Town in substantially the form attached as Exhibit B, showing the Agency's progress toward the outputs and/or outcomes set forth in para- graph 2 above. 5. Required Insurance. Before receiving any payment under this Agreement, the Agency shall provide insurance certifications evidencing the following coverages for at least the term of this Agreement: 5.1. $1,000,000 per occurrence general liability coverage with the Town listed as additional insured. 5.2. $1,000,000 per occurrence automobile liability coverage with the Town listed as additional insured (if the Agency has vehicles). 5.3. $1,000,000 per occurrence directors and officers coverage with the Town listed as additional insured. 5.4. State of Arizona minimum workers' compensation coverage (if the Agency has paid staff). 6. Corporate Documents. Before receiving initial payment under this Agreement, the Agency shall provide copies of the following Agency documentation, including any and all amendments: 6.1. Articles of incorporation. 6.2. Current bylaws. 6.3. List of current members of the Board of Directors, including their af- filiations. 6.4. Current fiscal year's budget approved by the Board of Directors. b.5. Internal Revenue Service designation letter. 7. Amendments to Insurance and Documentation. True and accurate copies of any amendments during the term of this Agreement to coverages or terms of insurance re- quired by paragraph 5 above or to the Agency's corporate documentation listed in para- graph 6 above shall be provided to the Town as soon as practicable after approval, but in any event not later than one calendar week after they become effective.. Amendments that reduce the insurance coverages below the minimums set forth in paragraph 5 above or that in the Town's reasonable opinion materially affect the Agency's ability to deliver the outputs and/or outcomes set forth in paragraph 2 above constitute default for which the Town may withhold payment until the Agency restores the minimum insurance cover- ages or restores the Agency's ability to deliver the outputs and/or outcomes. 8. Default and Dispute Resolution. If either Party defaults (the "Defaulting Party") with respect to any of that Party's obligations under this Agreement, the other Party (the "Non-Defaulting Party") shall be entitled to give written notice in the manner Build Up Purpose Contract Documents 2007-2008 - z - prescribed in paragraph 9 to the Defaulting Party, stating the nature of the default claimed and demanding that the default be corrected. The Defaulting Party shall then have twenty days from the date of the notice within which to cure the default. If any default is not cured within twenty days, then the Non-Defaulting Party shall be the Town, its officers, employees, and agents from and against any and all claims relating to the Agency's ac- tivities, including but not limited to those funded in whole or in part by this Agreement. 9. Manner of Serving. All notices, filings, consents, approvals and other commu- nications provided for in or given in connection with this Agreement shall be validly given, filed, made, transmitted or served if in writing and delivered personally or sent by registered or certified United States mail, postage prepaid, to (or to such other addresses as any Party may from time to time designate in writing and deliver in a like manner): To the Town: TOWN OF MARANA Town Manager 11555 West Civic Center Drive, Building A3 Marana, Arizona 85653 With a copy to: TOWN OF MARANA Town Attorney 11555 West Civic Center Drive Building A3 Marana, Arizona 85653 To the Agency: Build Up Purpose, Inc. 2480 West Ruthrauff Road, Suite 140-J Tucson, Arizona 85705 10. Term. The term of this Agreement shall begin on the effective date and, unless sooner terminated by the mutual consent of the Parties, shall automatically terminate and shall thereafter be void for all purposes on July 1, 2008. 1 1. Waiver. No delay in exercising any right or remedy shall constitute a waiver of that right or remedy, and no waiver by the Town or the Agency of the breach of any term of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other term of this Agreement. 12. Attorney's Fees. If any Party brings a lawsuit against any other Party to en- force any of the terms of this Agreement, or by reason of any breach or default of this Agreement, the prevailing Party shall be paid all reasonable costs and reasonable attor- neys' fees by the other Party, in an amount determined by the court and not by the jury. Nothing in the use of the word "lawsuit" in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. 13. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be re- Build Up Purpose Contract Documents 2007-2008 - s - moved from the counterparts and the signature pages all attached to a single instrument so that the signatures of all Parties may be physically attached to a single document. 14. Headings. The descriptive headings of this Agreement are inserted to assist in understanding the meaning and construction of this Agreement. 15. Recitals. The Recitals set forth at the beginning of this Agreement are hereby acknowledged, confirmed to be accurate and incorporated here. 16. Exhibits. Any exhibit attached to this Agreement shall be deemed to have been incorporated in this Agreement by reference with the same force and effect as if fully set forth in the body of this Agreement. 17. Time Essence. Time is of the essence for purposes of this Agreement. 18. No Assi ent. The Agency's obligations under this Agreement may not be assigned without the written consent of the Town Manager or his designee. 19. No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Agency and the Town. No term or provision of this Agreement is intended to, or shall be .for the benefit of any person, firm, organization or corporation not a party to this Agreement, and no such other person, firm, organization or corporation shall have any right or cause of action under this Agreement. 20. Other Instruments. Each Party shall, promptly upon the request of the other, have acknowledged and delivered to the other any and all further instruments and assur- ances reasonably request or appropriate to evidence or give effect to the provisions of this Agreement. 21. Imposition of Dut~~. This Agreement does not relieve any Party of any obligation or responsibility imposed upon it bylaw. 22. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter of this Agreement. All prior and contempora- neous agreements, representation and understanding of the Parties, oral or written, are hereby superseded and merged in this Agreement. 23. Amendments to Agreement. No change or addition shall be made to this Agreement except by a written amendment executed by the Parties. The Parties agree to cooperate and in good faith pursue any amendments to this Agreement that are reasona- bly necessary to accomplish the goals expressed by this Agreement. 24. Good Standing; AuthoritX. The Agency represents and warrants to the Town that it is duly formed and validly existing under the laws of the State of Arizona. The Town represents and warrants to the Agency that it is an Arizona municipal corporation with authority to enter into this Agreement under applicable state laws. Each Party repre- sents and warrants that the individual executing this Agreement on its behalf is author- ized and empowered to bind the Party on whose behalf each such individual is signing. 25. Severability. If any provision of this Agreement is declared void or unen- forceable, it shall be severed from the remainder of this Agreement, which shall other- wise remain in full force and effect. Build Up Purpose Contract Documents 2007-2008 - a - 26. Governin Law. This Agreement is entered into in Arizona and shall be con- strued and interpreted under the laws of Arizona, and the Parties agree that any litigation or arbitration shall take place in Pima County, Arizona. Nothing in the use of the word "litigation" in the preceding sentence shall constitute a waiver, requiring disputes to be resolved by binding arbitration. 27. Interpretation. This Agreement has been negotiated by the Town and the Agency, and no Party shall be deemed to have drafted this. Agreement for purposes of construing any portion of this Agreement for or against any Party. 28. Force Majeure. If any Party is unable to perform under this Agreement by rea- son of "force majeure," then the failure to perform shall not constitute a default under this Agreement as long as the non-performing Party uses its best effort to remedy with all rea- sonable speed the event or condition causing the non-performance and performance can be restored within a reasonable amount of time. "Force majeure" means any condition or event not reasonably within the control of a Party, including without limitation, "acts of God," strikes, lock-outs, or other disturbances of employer/employee relations; acts of public enemies; orders or restraints of any kind of government of the United States or any state thereof or any of their departments, agencies, or officials, or of any civil or military authority; insurrection; civil disturbances; riots; epidemics; landslides; lightning; earth- quakes; subsidence; fires; hurricanes; storms; droughts; floods; arrests, restraints of gov- ernment and of people; explosions; and partial or entire failure of utilities. 29. Conflict of Interest. This Agreement is subject to A.R.S. § 38-511, which pro- vides for cancellation of contracts by government entities in certain instances involving conflicts of interest. 30. Effective Date; Term. This Agreement is effective on the date of the last Party's signature below and shall automatically terminate and shall thereafter be void for all purposes on July 1, 2008, unless sooner terminated by the mutual consent of the Par- ties. Build Up Purpose Contract Documents 2007-2008 - s - IN wiTNESS wxEREOF, the Parties have executed this agreement as of the date set forth below their respective signatures. The Town: THE TOWN OF MARANA, an Arizona municipal corporation Fi---~ By: Ed Honea, Mayor Date: 5~ ~,. ~', Q ~" ATTEST: ocelyn .Bronson, Town Clerk APPROVED AS TO FORM: 1a'~ ,~ .\ ;.~ _ Cedric Hay, Senior Assistant Town Attorney The Agency: Build Up P rpose, I ., an Ari O1 c) o p rt rI gy. ~.. Printed: ~ ~ ~. ~ '~'~ Its: Date: ~ ` ~ ~`" ~~ EXHIBITS A. Payment request form B. Quarterly report form C. 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O ~ ~ .. l0 ~ r+ -p O ~ O ~ 0... ~ ~ ® ~ ... o ~, ~ ~° U {Z C C6 (a > rn ~ ~ m ~ ~; '3 c ~ ~ > ~ O x W ~ ~ ~ ~ O o a i W -Q ~ > ~ O U ~ O O Y cII ~ ~ o ~ ~ LJ ~ ~ O ~ fC c O N ~ O _ . -~ c O ~ U ~ Q ~ ~ ~ c O ~ v c 6 = d .3 O O' ~ O to v ~ O C .. ~ C O~ p ~ U ;~ ~ ~ u> o cG Q T ~ ~ O (0 ~ ~ ~ ~ ~ N >. ~ ~ m Ry ~ N ~ ~ ~~ U a~ ~ C7 L ~~ -~ ~ ~ ~ a.~ ~ O O of vow. • ~ ~- ~ =v,o ~ ~~~~ ~ ~ -' {-' O a> - - ~ • cow c~- ~ - ...J ~ ~.~ L 3>U i ~ c ~ ~ CJ o o ~ ~ a ~ a~~ ~ ~ ~ ~~ o >~; o ~ o`er o`er ~ m ~ ~ ~ o ~ a m0~ c a ~~°' ~ .3~ ~ ~~~ °-~~~ ~ ~ ~ ~ Da ~ i a D i ~ N > (G ~ Q~ (~` C ~ O ~ ~ ~ ~ d ~ ~ ~ ~ i-• m ~ •~ ` i1 U ~ Z ~ ~ U ,D ~ c ~ y (n O ~~ .U _ ~ f _ N _ C`') _ ~' d ~ d 7 O Q 7 } te 3 ~ ~ (~ (6 ~ ~ c O ~ .~ C O- ~ r G O N ~ ~~ •• ~ C O N d V C c C o ~ t c ~ -~ ~ ._ lt- li Z ov°, o o~, o ~ oN•~ o o~~s ov a ^^^ O O ~o N L U O C 0 U N _Q 7 d Q .~ m MARANA AGENCY: Build Up Purpose, Inc. ~~ PROJECT: Program Support RE6?UIRED DOCUMENTATION Outside agencies receiving funding from the Town of Marana are to provide corporate documents and insurance certifications to the Town on an annual basis. .. ...~ ~ ~~ General Liability with Town Additionally-insured ~ ~~ Minimum $1,000,000 Automobile Liability with Town Additionally-insured Minimum $1,000,000 Directors and Officers Minimum $1,000,000 i Workers Compensation `--~ •~••~ ~ ~• Articles of Incorporation Received O1 /2008 Current/Updated Bylaws Board Approved Budget (Current F1~ Received 01 /2008 Board of Directors List (Including Affiliation) Received O1 /2008 IRS Designation letter Received O1 /2008 The Town oi~Mappna ;as d¢~cumentation that the above coverages are in effect. Signed: Organization Signed:~~ Town of Maran -'Q"~_~~ Date G%~ Date FAILURE TO SUBMIT THESE DOCUMENTS MAY DELAY THE PROCESSING OF PAYMENT REQUESTS. MARANA TOWN OF MARANA PAYMENT RE6IUEST FORM (FY 2007-08) Exhibit A Agency/Contractor: Build Up Purpose, Inc.. Project Name: Program Support Prepared by: Name: Title: Authorized by: Authorized Signer Date, Period Reimbursement Requested For: FY 2007-2008 Payment Number: 1 Expenditures This Period: S + / -Adjustments (Program Income/Other): S Net Request This Period: S Line Approved Expenditures Expenditures Item Line Item Description Budget (A) This Period (B) Prior Periods (C) Balance (D) 1. Program Support $ 5,000.00 $ -0- $ -0- $ -0- 2. $ -0- $ -0- $ -0- $ -0- 3. 4. 5. TOTAL (must +ora~ TaW~ of nna,a~a aWa~d> $ 5,000.00 $ -0- $ -0- $ -0- NOTE: For each line item, the figures in Columns (B), (C), and (D) must total the figure in Column (A). MANAGERS APPROVAL: FINANCE APPROVAL: 62UARTERLY REPORT RECEIVED: ^ YES DATE: CHECK NUMBER: DATE: All requests for budget changes are required to be submitted in writing and approved by Community Services Department. Changes will only be allowed as long as the total dollar amount contracted for remains the same, the costs are eligible and the 20% administrative cap is not exceeded. Failure to submit timely quarterly performance measures reports may delay the processing of payment requests.