HomeMy WebLinkAboutContracts & Agreements_61-2000_CCv0001.pdf US SOCCER FOUNDATION
1050 17th Street,NW,Suite 210
Washington,DC 20036
Tel: 202-872-9277 Fax: 202-872-6655
GRANT AGREEMENT
CAPITAL FIELD PROJECT
The United States Soccer Federation Foundation, Inc. (the"Foundation") hereby agrees to make the
following Grant(Application Number FYOO-2 10,hereafter referred to as the"Grant")to the named
"Grantee"and the Grantee hereby accepts such Grant on the terms and conditions set forth below.
I Grantee: Redlands AYSO-Region 50,Area N, Section 1
608 Valley View Drive
Redlands, CA 92373
Grant Field Owner. city of Redlands
Post Office Box 3005
Redlands, CA 92373
2 Grant Application: No. FYOO-2 10 which, in addition to any attachments or supplements, are
incorporated by reference and made a part of this Agreement.
3 Grant Project: "Redlands AYSO Soccer Field Project", as described in the Grant Application
including: construction of three full size lighted fields, five mid-size fields, three small sided fields, a
concession facility and a parking lot. Grant to be used to provide an irrigation system as well as
-general contracting, engineering, site design, soil survey, grading and seeding at 20 acres of vacant
land adjacent to Sessums Drive in the City of Redlands ("Grant Field").
4 Grant: A Grant in the total amount of$91,884.51 consisting of cash (the"Grant Money") and
equipment(the"Grant Equipment") (the Grant Money and Grant Equipment are hereinafter
collectively referred to as the "Grant") shall be delivered to the Grantee in the manner and subject to
the terms and conditions, as hereinafter set forth in the Grant Agreement.
4.1. Grant Money.The Grant Money shall consist of cash in the amount of$86,885.00.
4.2. Grant Equipment. The Grant Equipment to be provided by the Foundation shall include, but is not
limited to an irrigation system. The Equipment Grant shall be limited to equipment valued by the
Foundation, in its sole and absolute discretion, at$4,999.51. (A detailed list of the Grant
Equipment shall be provided by the Foundation to the Grantee within 30 days of the effective
date of this Agreement.)
4.3. Grant Payment. The Grant to be provided by the Foundation shall be payable in two installments.
The first installment, equal to seventy-five percent(75%)of the Grant$68,913.38,shall become
payable after the conditions provided in Paragraph 5 below have been satisfactorily completed.
The first installment shall include Grant Money in the amount of$68,913.00. The remaining
twenty-five(25%)of the Grant$22,971.13 shall become payable upon receipt by the Foundation
of a letter from the Grantee and confirmed by the owner of the Grant Field,certifying that the
Grant Field construction as contemplated by this Agreement has been completed and all
conditions and obligations imposed under this Grant Agreement have been met by the Grantee.
The second installment shall include Grant Money in the amount of$1.7,971.62 and Grant
Equipment in the amount of$4,999.51.
5 Grant Conditions: The following conditions must all be met, to the sole satisfaction of the
Foundation,before the Grant will be deliverable to the Grantee:
5.1. Receipt by the Foundation, within three (3) weeks from the Effective Date, as defined in Section
19 hereof,of a copy of this Grant Agreement executed by an authorized signatory of the Grantee
together with a copy of the Grantee's favorable determination letter from the Internal Revenue
Service stating that the Grantee is recognized as an organization described in Section 501(c ) { 3
of the Internal Revenue Code of 1986, as amended (the"Code"); and
5.2. Receipt by the Foundation, within four(4)months from the Effective Date of a letter of
commitment from the Grantee, Grant Field Owner and the operators of the Grant Field,with
supporting documents, assuring that
5.2.1. The Grant Field will be used for the play of soccer for a minimum often(10) years from
the date the Grant Field is operational; and
5.2.2. Teams or players registered with the U.S. Soccer Federation, Inc.,or some part thereof,
will be given a preference to play soccer on the Grant Field; and
5.3. Receipt by the Foundation, within four(4)months from the Effective Date of supporting
documents, as follows:
5.3.1. Identify the person or group who will have the authority to determine the day to day use of
any soccer field(s) that may be a part of the Grant Project; and
5.3.2. Describe how the person or group identified in 5.3.1 above is or are elected or appointed
and the names and occupations of the current person or persons in that position; and
5.3.3. Describe the operating rules under which the person or group identified in 5.3.1 must
operate; and
5.3.4. Describe the criteria that the person or group identified under 5.3.1 will employ to
determine who will use on a day to day basis the soccer fields that may be within the Grant
Project; and
5.3.5. A complete copy of the construction contract for the Grant Project; and
5.3.6. A timeline illustrating the start date, or projected start date, the projected completion date
as well as any points in between that mark the achievement of a stated goal of the project.
(For example, commencement of Phase 11, the installation of an irrigation system and the
purchase of goals and nets.)
5.4. Leveraee: Receipt by the Foundation,within four(4)months from the Effective Date of written
receipts other evidence, satisfactory to the Foundation in its sole and absolute discretion, of
fiends or binding pledges (to be paid within twelve months of the Effective Date of this
Agreement)of funds for use on the Grant Project in an amount at least equal to$271,000 in
previously committed cash fundraising for the initial 75% Grant installment,with an
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additional$100,000 in cash fundraising to be secured before the final 25% Grant
installment is to be completed.
6 Use of Grant Money: The Grant will be used only for those lawful purposes authorized under Code
Section 501 (C)(3)and, in particular, for those purposes described in the Grantee's Grant Application
documents filed with the Foundation and upon which the Foundation relied to select the Grantee for
this Grant. Any part of the Grant not used for the purposes consistent with Code Section 501(C)(3)
and this Grant Agreement shall be returned or reimbursed to the Foundation as the case may be.
7 Facts and Representations True and Correct: The Grantee hereby affirms the truth of the facts and
representations made in said Grant Application and that no adverse events have occurred since the
date of such Grant Application which have materially and adversely altered the truth or reliability of
the Grant Application,the tax-exempt status of the Grantee under Code Section 501 (C)(3)or for the
Grantee to successfully accomplish what it promised to do under the Grant Application. The Grantee
agrees to immediately inform the Foundation of any material change in the Grantee or the Grant
Project,which might affect any terms of the Grant Agreement.
8 Return of Unused Grant Money: Any Grant Money received by the Grantee which is not expended
on the Grant Project within twelve(12)months from date of receipt; or, at any time because of a
material change in the Grantee or Grant Project, shall be immediately returned to the Foundation, at
the sole discretion of the Foundation.
9 Grantee Books and Records: The Grantee agrees to maintain sufficient operating and financial
books, records or related documentation regarding the activities of the Grantee,its use of the Grant
Money, tax status and other evidence sufficient for the Foundation to satisfy its fiduciary,public and
governmental responsibilities and duties regarding the Grant made by it to the Grantee. The
Foundation shall have reasonable access to the books and records of the Grantee for the purposes of
inspecting the same and shall be entitled to copies of the same as they relate to the use of the Grant
Money or the Grant Program which was the subject of the Grant Application.
10 Grantee Performance Reports:
10.1. Six(0 Month Performance Report: The Grantee shall provide to the Foundation, a
report in writing satisfactory to the Foundation, describing the performance of the Grant
Project for the six (6) months immediately following the Grant Money payment, with
particular emphasis upon whether that performance met or exceeded the representations
made by the Grantee in its Grant Application upon which the Foundation relied in making
the grant.
10.2. Continuing Performance Reports: The Grantee shall provide reports similar to that
contemplated in section 10.1 after 12, 24, 36, 48 and 60 months. The final four(24, 36, 48
and 60 month)reports should contain an emphasis on the maintenance, usage and
continued development of the facility.
10.3. Documentation of Use of Grant Money: The Grantee will provide to the Foundation,
with each of the reports described in Sections 10.1 and 10.2 for as long as the Grant Money
has not been expended in its entirety, a complete report outlining the expenditures
contributed to or covered wholly by, a portion of the Grant Money. The report format will
be provided by the Foundation.
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10.4. Oversight Site Visits: The Grantee will make best efforts to accommodate any member of
the Foundation Staff, Grants Committee, Oversight Committee or Board of Directors who
requests to conduct a site visit for the purposes of collecting information and feedback
about the Grant.
10.5. Photographs of Grant Site: The Grantee will provide to the Foundation,photographs of
the project site from the commencement to completion of the project on a monthly basis.
11 Publicity Material and Foundation Recognition: The Grantee,upon approval by the Foundation,
shall name the Foundation and acknowledge this Grant in its written material,news releases and
related marketing or publicity for a period of at least sixty(60)months following the receipt of the
Grant Equipment and/or Grant Money from the Foundation. The Foundation will provide to the
Grantee the following material in order to assist in complying with these requirements:
11.1. A printed black&white copy of the Foundation logo as well as a disk containing the
Foundation's logo in color and black&white formats.
11.2. A standard press release for Grantee to use and release to the media.
12 Foundation Partnership Opportunities: The Grantee and Grant Field Owner will guarantee the
Foundation the following options, without charge, as they relate to the Grantee and the Grant Project:
12.1. The Grantee will allow the Foundation access to the appropriate mailing lists if such lists
exist. All information contained in the mailing lists would be used strictly for the
Foundation's development efforts.
12.2. The Grantee will give its best efforts to provide signage, to include,but not limited to a
backlit sign, field signage or field boards, on the premises of the Grant Project. Field
signage or field boards shall not be less than three feet in height by three feet in width. The
Foundation shall have the option to sell, trade or give the rights to the signage or use it for
its own message. The contents of the signage's message will be suitable and subject to
approval by the Grantee, which shall not be unreasonably withheld.
12.3. The Grantee will give its best efforts to provide usage of the Grant Field on an as needed
basis for a time that is mutually acceptable to both the Grantee and the Foundation. The
Grant Field will be used for the purposes of assisting the Foundation carry out its mission.
Such purposes include,but are not limited to, special clinics, training for National Teams
and media functions.
13 Grant Not Assignable: The Grant herein made is intended solely for the Grantee and for the program
described in the Grant Application. No Grant Equipment, nor any right to receive Grant Money
hereunder may be delegated, assigned or otherwise hypothecated or transferred without the advance,
written consent of the Foundation which consent shall be in the sole and absolute discretion of the
Foundation. The foregoing provisions are not intended to apply to use of Grant Money used to pay
expenses incurred by the Grantee in pursuit of the Grant Application program.
14 Applicable Law: This Grant Agreement and the subjects contained in it shall be interpreted,
construed and governed by the laws of the District of Columbia. The parties expressly agree that any
litigation commenced to enforce any rights pursuant to this Grant Agreement shall be commenced in
the District of Columbia.
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15 Proper Authority: Each of the parties hereto and their officers represent and warrant that they are
authorized to enter into this Grant Agreement and execute the same without further authority.
16 Grant Field Owner: The Grant Field Owner hereby agrees to be bound by only those terms and
conditions of this Grant Agreement that are specifically applicable to the Grant Field Owner.
17 Absence of Warranties: The Foundation makes no representation or warranties of any kind, either
express or implied, as to any matter including,but not limited to, implied warranties of fitness for a
particular purpose,merchantability or otherwise relating to the Grant Equipment. In no event will the
Foundation be liable for any damages of any kind including,but not limited to,personal injury, lost
profits, or other consequential, exemplary, incidental or punitive damages arising out of this Grant
Agreement or performance of the obligations hereunder.
18 Indemnification: Grantee and the Grant Field Owner agree to indemnify, defend and hold harmless
the Foundation and the Foundation's officers, directors, employees, accountants, attorneys, agents,
affiliates, subsidiaries, successors and assigns from and against any and all third party claims,
damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or
related to the Grant, the Grant Project or this Grant Agreement.
19 Effective Date: This Agreement shall be effective on May 8, 2000.
WITNESS/ATTEST:
UNITED STATES SOCCER FEDERATION
FOUNDATION,JNC.-
(Foundation)
By:
DANIEL T. FLYNN, Executive-bire�tor
Redlands AYSO-Region 51', rea N, Section 1
y l3y�—=77
Chuck'Wilburfi, Assistant Regional Commissioner-
Operations
City of Redlands
By
Pat Gilbreath, Mayor
ATTEST:
By
L(Yfrier Poyzer Clerk
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US Soccer Foundation
1050 17th Street, NW, Suite 210
socem Washington, DC 20036
FOUNDATION Tel. (202) 872-9277
Fax. (202) 872-6655
www.ussoccerfoundation.org
FYOO GRANTS PROGRAM CONTACT SHEET
Please provide information for two (2) contact persons to assist the Foundation during your
Granting Process. Please return to the Foundation with your signed Grant Agreement.
Primary Contact
Name Chuck Wilburn
First Name Last Name
Title Regional Commissioner-Redlands AYSO Region 50
Address 608 Valley View Drive
Street
Redlands CA 92373
City State Postal Code
Phone (909) 793 5993 (909) 798 9354
Work Number Home Number
(909) 553 2066 (909) 798 0885
Cellular Fax
E-mail SHAKEYSRD @ aol.com
Secondary Contact
Name - David Raff
First Name Last Name
Title Treasurer
Address 104 East Olive Avenue
Street
Redlands, CA 92373
City State Postal Code
Phone (909) 335 8900 (909) 335 1611
Work Number Home Number
(909) 335 8902
Cellular Fax
E-mail draffco@msn.com
U. S. TREASURY DEPARTMENT
INTERNAL REVENUE SERVICE
olstrlcr 0111001
M.O. rax 331
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February.28, 1968 Fault La78
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American Youth Soccer Organization Cttari,t e
12501 S. Isis Ave Aooxt�� INoutfllu ♦ rtLt �tTURNsetTN
Hawthorne CA 90250 atrrrtteT oiAiCTOR of 191fENNAL RCVCNui
95-6?05398 LonArl"166
fgsv"" me. ACCOUNTING 09PIOD
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Virg a SiMa
On the basis of your stated purposes and the understatidinq that your operations will continue as
evidenced to date or wal nonfarm to those proposed in your ruling application, we have concluded
that you are exempt from Federal income tax as an organization descrtbed in section 501(c= of
the Inttrnal Avenue Code. Any changes in operation from those described, or in your character
at purposes, must be reported immediately to your District Director for consideration of their effect
upon yaw exempt status. You must also report any show In your name at address.
You are not required to file Federal incorr* tax returns so tong as you retain an exempt status, pus-
les& you are subject to the tax on unrelatedbusfrless income imposed by section SI 1 of the 'ode,
in which event you are required to file Form 990-T. Our determination as to your liability fzr
filing the annual information retun, Form 390-11, is set forth above. That return, if required, must
be filed on or before the 15th day of the fifth month after the close of your annuat accounting period
indicated above.
Contributions made to you are deductible by doctors as provided in section 170 of the Code. Be-
quests, lepocies, devises, transfers or pitta to ar !or your use are deductible for Federal estate
and gift tax purposes undo the provisions of section 2bSS, 2106 and 2522 of the Code.
You are not liable for the taxes imposed under the Federal Insurance Contributions Act (social
security,taxes) unless you file a waiver of exemption certificate as provided in such act. You are
not liable for the tax imposed under the Federal Unemplayment Tax Act. Inquiries about the waives
of exemption certificate tot social security taxes should be addressed to this office, as should any'
.Questions concerning excise, employment ar other Federal taxes.
This is a dstermincun letter.
very truly your$,
r. S. Schmidt
Cistrltt director
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