HomeMy WebLinkAboutEconomic Development and Financing Corporation (EDFC) 2015-09-03C, &Gt- ;,VC .S7 3;2_
AGREEMENT
between the
CITY OF UKIAH
and the
ECONOMIC DEVELOPMENT AND FINANCING CORPORATON
This Agreement is made and entered on September 3, 2015 between the City of Ukiah, a
California general law municipal corporation, herein called "City," and the Economic Development
and Financing Corporation (EDFC), a California not - for - profit corporation formed pursuant to and
in compliance with the laws of the State of California, herein called "EDFC." Individually, EDFC
and City may be referred to in this Agreement as a "Party," and collectively as "the Parties."
RECITALS
1. The City is desirous of creating a vital economic development climate through collaborative
projects and the promotion of locally owned and operated small businesses.
2. EDFC is organized to provide assistance to individuals and small business owners by
coordinating economic development activities in Mendocino County and in particular, the City of
Ukiah, for the purpose of creating, expanding or retaining businesses. EDFC has expertise in
economic development and in securing financing in the form of loans, grants, capital and venture
capital funding, to assist with the development, expansion and /or retention of businesses.
NOW, THEREFORE, in consideration of the above - recited facts and terms and conditions
stated below, the Parties agree as follows:
A. TERM
This Agreement shall be effective from July 1, 2015, and shall terminate on June 30, 2016
B. SCOPE OF SERVICES
EDFC shall provide an annual report to the City Council no later than May 30, 2016.
C. FINANCIAL CONTRIBUTION BY CITY
In consideration of the work and goals outlined in EDFC's 2014/15 Annual Report, and under the
terms of this Agreement, the City shall pay the EDFC the sum of Ten Thousand Dollars ($10,000)
for fiscal year 2015 -16. This sum of money shall constitute the entirety of City's financial
contribution to the EDFC during the effective dates of this Agreement.
The compensation provided in this paragraph shall be paid to EDFC in installments as follows:
Terms of Payment. Payment to EDFC shall be made in payment of $10,000 in November
2015.
D. INSURANCE AND INDEMNIFICATION
During the term of this Agreement, the EDFC agrees to indemnify and hold harmless the
City, its officers, agents, and employees from and against any and all claims, losses, defense
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costs, or liability of any kind or nature which the City, its officers, agents, and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or damage
to property as a result of, arising out of, or in any manner connected with the EDFC's performance
under the terms of this Agreement, excepting only liability arising out of the sole and active
negligence of the City.
Without limiting the EDFC's indemnification, it is agreed that the EDFC shall maintain in
force at all times during the performance of this Agreement, the following policy or policies of
insurance summarized below and approved by the City and issued by admitted California insurers
approved by the City covering its operations:
1. Comprehensive General Liability, including contractual liability, products, and
completed operations and business automotive liability, all of which shall include coverage for
both bodily injury and property damage with a combined single limit of One Million Dollars
($1,000,000).
2. Worker's Compensation coverage at statutory limits.
The certificates of insurance and endorsements shall be completed to the satisfaction of
the City.
Should the EDFC fail to comply with this paragraph then, the City shall have the right to
immediately terminate this Agreement without further notice to EDFC.
E. RELATIONSHIP BETWEEN EDFC AND CITY
Nothing in this Agreement shall be construed as making the EDFC or any of its employees or
representatives, the agent or employee of the City for any purpose, or any employee of the City
an employee of the EDFC or creating between the City and the EDFC the relationship of legal
partners or joint ventures. It is understood that the contractual relationship of the EDFC to the
City is that of an independent contractor.
The key contact person involved in the implementation and administration of this Agreement with
EDFC will be John Kuhry, Executive Director of EDFC. The key contact person for City of Ukiah
will be Sage Sangiacomo, City Manager.
Acknowledgement:
IN WITNESS WHEREOF, this Agreement is executed by the City of Ukiah and the EDFC,
by their duly authorized representatives, on the Effective Date.
CITY OF UKIAH
ECONOMIC DEVELOPMENT &
FINANCING CORPORATION
/
By: �-'� BY: lL .64,,,.4..4LLIk./
Sage angia mo, City Manager M�y Landi r hairperson
ATTEST: ✓, I,� �' `��" "v-'
Kristine Lawler, City Clerk
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