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HomeMy WebLinkAboutRecipient Agreement City of Meridian and Meridian Library District - Book a Bike ProgramRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN LIBRARY DISTRICT FOR INVESTMENT OF HIGH FIVE COMMUNITY GRANT FUNDS IN BOOK -A -BIDE PROGRAM n10veMber- This Agreement is entered into this __L day of 09&er, 2016 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Meridian Library District, a public library district organized under the laws of the state of Idaho ("Recipient"). WHEREAS, City has received a High Five Community Grant from the Blue Cross of Idaho Foundation for Health ("Grant"), which funds are to be invested toward the goal of reducing childhood obesity by supporting our community's efforts to become healthier places for youth to live, work, learn, and play; WHEREAS, Recipient's mission is to support our community by enriching lives, igniting curiosity, and cultivating connections; and WHEREAS, in furtherance of these corresponding goals, Recipient is willing to invest Grant funds in the creation of a "Book -a -Bike Program," in which bicycles are available for library patrons to check out and use; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows; I. SCOPE OF SERVICE A. Scope of services. Recipient shall invest a portion of City's Grant funds in the amount of seven thousand thirty-nine dollars ($7,039) for the purpose of purchasing at least fourteen (14) bicycles and implementing a "Book -a -Bike Program," whereby patrons of the Meridian Library District may check out, use, and return bicycles. B. Timeline. Recipient shall complete the scope of services pursuant to this Agreement by September 30, 2019. C. Documentation. Between August 1 and August 31 of each year, Recipient shall provide to City a written report of activities undertaken under this Agreement, including narrative descriptions, photographs and records demonstrating implementation of the Book -a -Bike Program.; dates and description of expenditures; and such other documentation as may be specifically requested by City to demonstrate compliance with this Agreement or furtherance of Grant goals. D. Payment Procedures. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed seven thousand thirty-nine dollars ($7,039). City will pay to Recipient funds available under this Agreement within thirty (3 0) days of receipt of invoice submitted by Recipient. RECIPIENT AGREEMENT- MERIDIAN LIBRARY, BOOK -A -BIKE PROGRAM PAGE 1 OF 3 III. GENERAL PROVISIONS A. Nondiscrimination. In performing activities pursuant to this Agreement, Recipient shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Recipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, the Americans with Disabilities Act of 1996, and the Age Discrimination Act of 1975. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Library District Attn: Robert Simison Attn: Gretchen Casseroti Mayor's Chief of Staff Library Director 33 E. Broadway Avenue 13261. Cherry Lane Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Recipient agrees to comply with all applicable federal, state and local laws, regulations, and policies governing the funds provided and activities undertaken under this Agreement. D. Indemnity. Recipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Recipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Recipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Recipient and/or Recipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. E. Insurance and bonding. Recipient shall carry sufficient insurance coverage to protect assets purchased with Grant funds from loss due to theft, fraud and/or undue physical damage. F. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. G. Termination. Either party may terminate this Agreement by, at least thirty (30) days before RECIPIENT AGREEMENT - MERIDIAN LIBRARY, BOOK -A -BIKE PROGRAM PAGE 2 OF 3 the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. If termination occurs prior to September 30, 2019 for any reason, Recipient shall return to City all equipment and materials purchased with Grant funds, and any and all unused Grant funds provided pursuant to this Agreement. H. Assignment. Recipient shall not assign or transfer any right or obligation conveyed by this Agreement without prior written consent of City, I. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. J. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. K. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the govei-ring body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. L. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Recipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. RECIPIENT: Meridian Library District By: Gretchen Caserotti, Library Director CITY: City of Meridian Attest: y CoI , City Clerk RECIPIENT AGREEMENT - MERIDIAN LIBRARY, BOOK -A -BIKE PROGRAM PAGE 3 OF 3