Recipient Agmt with Boys and Girls Club for Contribution FundsRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN
AND BOYS & GIRLS CLUBS OF ADA COUNTY FOR CONTRIBUTION OF FUNDS
This Agreement is entered into this 24th day of June, 2014 by and between the City of
Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Boys &
Girls Clubs of Ada County, a nonprofit charitable corporation organized under the laws of the state of
Idaho ("Recipient").
WHEREAS, City and Recipient have, over the course of several years, developed a
relationship of cooperation and mutual assistance; and
WHEREAS, under the public purpose doctrine underlying Idaho Constitution Article 8,
section 2, as articulated by the Idaho Supreme Court in, e.g., Board of County Commissioners of Twin
Falls County v. Idaho Health Facilities Authority, 96 Idaho 498 (1975), the City can finance activities
that do have a primarily public purpose, rather than a primarily private purpose, that is, activities that
both benefit the community of Meridian as a whole and are directly related to the function of
government;
WHEREAS, Recipient benefits the community of Meridian as a whole by offering its patrons
recreational, creative, entertainment, socializing, informational, and educational opportunities;
proactively meeting needs of an underserved and often low-income population, particularly at times of
the day when alternative childcare resources are unavailable, thereby alleviating the need for other
agencies, families, and organizations do so, leading to crime prevention, public safety for vulnerable
persons, and ultimately, a responsible and productive citizenry;
WHEREAS, the respective governing bodies of City and Recipient are mutually interested in
enhancing the Meridian community's quality of life by providing and supporting recreational facilities
and opportunities, including gymnasium programming, for members of the Meridian community;
recognize that through cooperation, publicly -held facilities can be used to meet broader community
needs for athletic programming and recreation than either party can provide separately; and find that it
is fiscally responsible and in the best interest of the community to sharing the costs and benefits of
gymnasium construction;
WHEREAS, Idaho Code section 50-303 authorizes the City "to create, purchase, operate and
maintain recreation and cultural facilities and activities";
NOW, THEREFORE, in consideration of the mutual covenants of the Parties, the Parties
agree as follows:
I. SCOPE OF AGREEMENT
A. Purpose of funds. Recipient shall use City funds provided, in the amount of five hundred
thousand dollars ($500,000), to fulfill Recipient's mission to "inspire and empower all young
people, especially those who need us most, to realize their full potential as productive,
responsible and caring citizens," by constructing a gymnasium at the Boys & Girls Clubs of
Ada County --- Meridian Unit, located at 911 N. Meridian Road, in Meridian, Idaho, Ada
County, parcel no. R6066000201, as generally set forth in Exhibit A hereto. As a condition of
receiving City funds, Recipient shall be responsible for administering such funds in a manner
satisfactory to City and consistent with any and all requirements set forth in this Agreement.
FY14 RECIPIENT AGREEMENT—Boys & GIRLS CLUBS OF ADA COUNTY PAGE 1 OF 5
B. Documentation. During and following construction of the gymnasium, Recipient shall submit
regular progress reports to City, in the form and content as requested by City. Within ninety
(90) days of completion of construction of the gymnasium, Recipient shall provide to City a
written report of activities undertaken under this Agreement, including narrative descriptions
and records of each activity undertaken, dates of expenditure, materials or services purchased,
receipts, and such other documentation as may be specifically requested by City to demonstrate
compliance with this Agreement or furtherance of the purpose set forth herein.
C. Performance monitoring. City will monitor the performance of Recipient against the purpose
of funds provided as set forth herein. Performance monitoring may include City's review of
Recipients' submitted documents for accuracy and completion, as well as an on-site visit from
City staff to review the completeness and accuracy of records maintained.
D. Time of performance. It is anticipated that Recipient shall start constructing the gymnasium
on or before September 30, 2014, and shall complete construction by December 31, 2015. The
term of this Agreement and the provisions herein shall be extended to cover any additional time
period during which Recipient remains in control of City funds.
H. ADMINISTRATIVE REQUIREMENTS
A. Budget. It is expressly agreed and understood that the total amount to be paid by City under
this Agreement shall not exceed five hundred thousand dollars ($500,000).
B. Payment Procedures. City will pay to Recipient funds available under this Agreement within
thirty (30) days of invoice submitted by Recipient, and consistent with any approved budget
and City policy concerning payments.
C. Records to be maintained. All of Recipient's records with respect to any matters covered by
this Agreement shall be made available to City at any time during normal business hours, as
often as deemed necessary, to audit, examine, and make copies of all relevant data, in order to
comply with the Idaho Public Records Act. Recipient shall retain, and shall provide copies to
City upon request, all records with respect to any matters covered by this Agreement for ten
(10) years after conclusion of construction of the gymnasium.
III. GENERAL PROVISIONS
A. 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 Boys & Girls Clubs of Ada County
Attn: City Clerk Attn: Colleen Braga
33 E. Broadway Avenue 911 N. Meridian Road
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.
FY14 RECIPIENT AGREEMENT— BOYs & GIRLS CLUBS OF ADA COUNTY PAGE 2 OF 5
B. 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.
C. 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 any and all 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. Recipient shall bear any and all risks, some of
which may be unknown, of all activities undertaken pursuant to this Agreement.
D. Insurance. Recipient shall carry sufficient insurance coverage to protect assets purchased with
City funds from loss due to theft, fraud and/or undue physical damage.
E. Penalty for material noncompliance. In addition to any other remedies as provided by law,
upon a finding of material noncompliance with this Agreement, City shall be entitled to
repayment in full of all funds provided to Recipient under this Agreement. Recipient shall
remit payment in full of all funds provided by City to Recipient under this Agreement within
thirty (30) days of City's written notice of material noncompliance and demand for repayment.
Material noncompliance with this Agreement shall include, but shall not be limited to: failure
by Recipient to comply with any statutes, regulations, or City policies or directives as may
become applicable at any time; failure by Recipient to fulfill in a timely and proper manner its
obligations under this Agreement; ineffective or improper use of funds provided under this
Agreement; or submission to City reports that are incorrect or incomplete in any material
respect.
F. 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.
G. 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.
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
FY 14 RFcipjENT AGREEMENT — BOYS & GB2Ls CLUBS OF ADA COUNTY PAGE 3 CP 5
supersedes any and all other agreements or understandings, oral or written, whether previous to
the execution hereof or contemporaneous herewith.
K. 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:
Boys & Girls Clubs of Ada County
By: Colleen Braga, Executive hector
CITY:
City of Meridian
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FY 14 RECIPIENT AGREEMENT— BOYS & GIRLS CLUBS OF ADA COUNTY PAGE 4 OF 5
EXHIBIT A
GYMNASIUM PLANS
FY 14 RECIPIENT AGREEMENT - BOYS & GIRLS CLUBS OF ADA COUNTY PAGE 5 OF 5
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