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Home My Public Portal About2020.04.09 Blue Cross of Idaho Foundation For Health Funds Agreement BLUE CROSS OF IDAHO FOUNDATION FOR HEALTH FUNDS AGREEMENT THIS FUNDS AGREEMENT(the "Agreement") is dated as of kri` q ,2020 and is entered into between McCall Donnelly School District No. 420 ("Recipient"), and the City of McCall,Valley County, Idaho,a municipal corporation existing under the laws of the State of Idaho (the "City"). WITNESSETH: WHEREAS,the City is a municipal corporation duly organized and operating under the laws of the State of Idaho and is authorized to enter into contracts as provided for in Section 50-301,Idaho Code;and WHEREAS, the City, on January 9, 2020, received a Grant from Blue Cross of Idaho Foundation for Health; and WHEREAS, the Grant stipulated terms and conditions that the Grantee (City of McCall) shall utilize Grant funds exclusively for the one of the following purposes:charitable,educational, scientific or literary purpose (or some approved variation). Specifically, Grantee's purpose of Grant funding from the Foundation is for the support of the McCall community garden; and WHEREAS,McCall Donnelly High School submitted a proposal for a Student Garden;and WHEREAS, the City Council has considered the proposal and desires to distribute revenue from the grant in accordance with the terms of this Agreement; NOW,THEREFORE,the parties hereby agree as follows: 1. Use of Blue Cross of Idaho Foundation for Health Grant Funds. The City shall remit to Recipient the sum of$2,000 (the "Funds"), for the Eco-Garden Club &the Integrated Science class at McCall Donnelly High School,and for the community(the "Project")under the following terms and conditions: 1.1. Covenants of Recipient. Recipient represents,covenants,and warrants for the benefit of the City,as follows: 1.1.1 The Recipient shall only use the Funds for the "Project" as described in the Proposal which is attached hereto as Exhibit A and by this reference incorporated herein. The Recipient acknowledges and agrees that it is not authorized to use the Funds for any other purpose.The City may,at any time,conduct an audit of the Recipient's expenditure of Funds on the Project to ensure that the Funds are being used in accordance with this Agreement. 1.1.2 The Recipient is public school district duly organized and existing under the laws of the State of Idaho with full power and authority to enter into this Agreement and the transaction contemplated hereby and to perform all of its obligations hereunder. AGREEMENT Page 1 of 3 April,2020 1.1.3 The Recipient has been duly authorized to execute and deliver this Agreement by proper action by its governing body or members,or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of this Agreement. 2. Release and Indemnification. To the extent permitted by the law, the Recipient shall indemnify, protect, hold harmless, save and keep harmless the City from and against any and all liability,obligation,loss,claim and damage whatsoever,regardless of cause thereof, and all expenses in connection therewith, including, without limitation, counsel fees and expenses, penalties and interest arising out of or as the result of Recipient's Project. 3. Default. 3.1. Default and Remedies. If Recipient defaults or otherwise fails to comply with any part of this Agreement,Recipient shall immediately repay all Funds to the City.The City may further take any action, at law or in equity,that is permitted by applicable law and that may appear necessary or desirable to enforce or to protect any of its rights under this Agreement. 3.2. No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof,but any such right or power may be exercised from time to time and as often as may be deemed expedient. 3.3. Costs and Attorney Fees. Upon default in Recipient's performance of any term of this Agreement, Recipient agrees to pay and reimburse the City, in addition to all other amounts due hereunder,all of the City's costs of collection,including reasonable attorney fees,whether or not suit or action is filed thereon. Any such costs shall be immediately due and payable upon written notice and demand given to the Recipient, shall be secured by this Agreement until paid and shall bear interest at the rate permitted by law. In the event suit or action is instituted to enforce any of the terms of this Agreement,the prevailing party shall be entitled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial or on appeal of such suit or action or in any Bankruptcy proceeding, in addition to all other sums provided by law. 4. Notices. All notices, reports or other communications hereunder shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail,postage prepaid,to the parties hereto at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto shall designate in writing to the other for notices to such party),to any assignee at its address as it appears on the registration books maintained by the City. 5. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon the parties and their respective successors and assigns. 6. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. AGREEMENT Page 2 of 3 Aprils 2020 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. 8. Captions. The captions or headings in this Agreement are for convenience only and in no way define,limit or describe the scope or intent of any provisions or sections of this Agreement. 9. Mediation. Prior to filing any complaint in any court asserting a violation of, or cause of action arising under,this Agreement,the parties agree to meet and confer regarding the same, and,if still unable to resolve the dispute, to submit to non-binding mediation in an attempt to resolve the dispute. 10. IN WITNESS WHEREOF,the City and Recipient have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written. RECIPIENT: McCall D Scho • 'et No.420 By: -(Atil Au ri ed fficer(Signature) cit 17 �te Cor:el I Authorized Officer(Printed Name) Address: N. iss • McCall,ID 83638 THE CITY: CITY OF MCCALL,VALLEY COUNTY,IDAHO By: Robert S. Giles,Mayor � F1 ��04� ATTEST: ; e,er: By: ' Bessie agner, C ler 11 ThAt tO0�.�` Address: City Hall 216 East Park Street McCall,ID 83638 AGREEMENT Page 3 of 3 April ,1020 Grant Proposal MDHS Student Garden March 5, 2020 Submitted by Melissa Coriell & Matt Hellhake for the Eco-Garden Club &the Integrated Science class at MDHS, and for the community. Proposal: The City of McCall would like to give the MDHS garden club $2000 to support the student garden. The student garden was established in 2009. The site used to be a playground, located on the old grade school campus on the east side of the present high school building. The hard compacted ground was repurposed using lasagna gardening techniques—layering cardboard, manure, and leaves to help rebuild the soil. Currently, the integrated science class, individual senior project students, and the garden club have maintained the garden. The money will be used to keep the gardening going and to expand its use: create a space to be shared with the community, so that community members may grow food, while also helping to maintain the garden throughout the summer. The garden will also be utilized as an outdoor learning space for students. How funds will will be used: • Replacement and repairs to the current drip watering system. o Rainbird irrigation controller O 1" rainbird valve to separate drip from spray or overhead irrigation with fittings o TBD lengths 1" pvc or or poly pipe. o misc 1" irrigation fittings o rotors fit overhead spray? o TBD length 1/2 18" o.c. netafim drip tube or rainbird equivalent O 1/2 drip fittings (male adapter, tee, elbows, couplers o TBD sod staples to hold drip tubing in place o micro sprays if applicable • Materials for fence repair o Post, wire, fence nails, etc. • Gardening tools o 20 pairs of garden gloves for students O 4-5 shovels o Weedeater (gas) O 4-5 rakes O 1 wheelbarrow • Shrubs and perennials • Vegetable seeds • Compost • Plant identification signs