HomeMy WebLinkAbout05-087 - Tukwila Childrens Foundation - Macadam Winter Garden Park Project Grant• AC, 615 -ate
AGREEMENT BETWEEN THE
CITY OF TUKWILA AND THE TUKWILA CHILDREN'S FOUNDATION
THIS AGREEMENT ("Agreement") is made and entered by and between the City of
Tukwila ("City") and the Tukwila Children's Foundation ("TCF") (collectively referred
to as "the Parties").
WHEREAS, The City is not a tax exempt 501(c)(3) non-profit organization; and
WHEREAS, TCF is a tax exempt 501(c)(3) non-profit organization; and
WHEREAS, TCF has received a grant to fund the City's Macadam Winter Garden Park
Project;
WHEREAS, The IRS requires a pre -approved grant relationship between TCF, an
exempt 501(c)(3) non-profit organization, and the City, a non-exempt 501(c)(3) non-
profit organization, in order for TCF to fund the City's Macadam Winter Garden Park
Proj ect.
NOW, THEREFORE, in consideration of the terms and provisions herein, it is agreed by
and between the City and TCF as follows:
1. Statement of Purpose. The purpose of this Agreement is for the Parties to
establish a pre -approved grant relationship in order for TCF to use grant
money to fund the City's Macadam Winter Garden Park Project.
2. Use of Funds. TCF may use the grant money at its discretion. Grant money
received by the City from TCF shall be used solely for the City's Macadam
Winter Garden Park Project. The City shall submit written reports to TCF
describing how the grant money received from TCF has been utilized.
3. Control of Funds. TCF shall retain complete discretion and control over the
grant money. TCF may withhold or demand reimbursement of the grant
money if the City fails to utilize the grant money for its intended purpose.
4. Mutual Defense, Indemnification, and Hold Harmless.
rC I -shall indemnify and hold harmless the City and its officers, agents, and
employees from any and all claims, actions, suits, liability, loss costs,
expenses and damages of . s ._ • ture whatsoever, by reason or arising out of
any action or omission of , it officers, agents and employees in relation
to this Agreement.
%C{-,
The City shall indemnify and hold harmless TMC and its officers, agents, and
employees from any and all claims, actions, suits, liability, loss costs,
expenses and damages of any nature whatsoever, by reason or arising out of
INALS
eRIG
ENT'D SEP 12 2005
• •
any action or omission of the City, its officers, agents and employees in
relation to this Agreement.
5. Termination. Either party may terminate this agreement by giving thirty (30)
days written notice of termination to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed.
Dated: / /5 k$
Approved as to Form:
DatedI b D
Y OF TUKWILA
Steven M.
ity Atto
TUKWILA CHILDREN'S
FOUNDATION
("or
nf7 ,� CC) A&