1 COST-SHARING AGREEMENT
THIS COST-SHARING AGREEMENT is made and entered into this _______ day of __________ 2022, by and between the City of Merced, a California Charter
Municipal Corporation (hereinafter referred to as “City”) and the Daniel R.
Mart
in Family Foundation, Inc., a California Nonprofit Corporation (hereinafter referred to
as “Foundation”).
WHEREAS, City recognizes the va lue of the Applegate Park Zoo (hereinafter referred to as “Zoo”) as an important part of the quality of life in this community;
WHER
EAS, City submitted a proposal for funding to the Foundation on June
24, 202 1, a s set forth in Exhibit “ A” attached hereto and incorporated herein by this reference; and,
WHEREAS, the Foundation is willing to make contributions to City to defray the cost to employ an additional Zookeeper for the Zoo.
NOW, THEREFORE, the par ties hereto, in consideration of the mutual c
ovenants hereinafter recited, hereby ag ree as follows:
1. The te rm of this Agreement shall be three (3) years and shall commence
on _________, 2022 and end on ____________, 2025.
2. City shall conduct a recruitment to fill the position for a ful l -time Zookeeper for the Zoo. City shall comply with the standard of care re garding all applicable Federal, State and m unicipal laws and regulations. No discrimination shal
l be made by City in the employment of persons to work under thi s Agreement because of race, col or, national origin, ancestry, disability, sex, or religion of such person.
3. Th e Foundation shall share the cost of the Zookeeper by providing paym
ent to the City in the amount of $37,965.72 annually for the salary for the Z
ookeeper position.
4. C ity sha ll e mpl oy Zookeeper and the position shall be entitled to all benefits of a permanent City employee, including, but not limited to a cafeteria medical plan, vacation and sick leave, holiday pay, social security contributions, re
tirement and disability.
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X:\Ag
reements\Parks & Recreation\2021\Cost Sharing Agreement - Zookeeper.docx 2 5. WAI VER. In the event that either City or Foundation shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
6. VEN
UE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Merced.
7. AMEN
DMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
8. IN
TEGRATION. This Agreement constitutes the entire
understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
9. AUTHO
RITY TO EXECUTE. The person or persons executing this
Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
10. CO
UNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
IN W
ITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY
OF MERCED
A California Charter Municipal Corporation
BY:
____________________________
City Manager
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X:\Ag
reements\Parks & Recreation\2021\Cost Sharing Agreement - Zookeeper.docx 3 ATTEST:
STEPHANIE R. DIETZ, CITY CLERK
BY:
___________________________
Assistant/Deputy City Clerk
APP
ROVED AS TO FORM:
BY:
____________________________
City Attorney Date
AC
COUNT DATA:
BY:
____________________________
Verified by Finance Officer
DAN
IEL R. MARTIN FAMILY
FOUNDATION, INC.,
A California Nonprofit Corporation
BY:
Title:
Print Name:
Taxpayer I.D. No.
ADDRESS:
TELEPHONE:
FACSIMILE:
E-MAIL:
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