Attachment 1 -Draft Agreement1 of 4
TOWN OF LOS GATOS
GRANT AGREEMENT
Summary:
The Town of Los Gatos (“Town”) has awarded a grant to KCAT (“Grantee”) in the total amount not to
exceed $100,000 for the period from June ___, 2023 to June 30, 2024. This letter (“Agreement”) sets
forth the terms and conditions of the grant award.
Payment Terms and Use of Funds:
Grantee must accept the terms of this Agreement prior to disbursement of grant funds. Grant
disbursement to the Grantee shall be made after receipt of the grant claim form and the countersigned
original of this Agreement. Please submit award claim and signed copy of this agreement to: Town of
Los Gatos, Town Manager’s Office, Attention: Town Clerk, 110 E. Main Street, Los Gatos, CA 95030.
Grant funds shall be used exclusively to support the project(s) as set forth in the Grantee's proposal,
which is attached as Exhibit A and incorporated by reference, with the exception of funding for print or
community outreach proposals. Any use of funds for a purpose other than that described in the
Grantee's original proposal requires the Town's prior written consent.
Unused Funds:
At the conclusion of the grant period, Grantee agrees to return any unexpended or unaccounted for
funds to the Town. Grantee agrees to return all disbursed funds if (1) grant funds have not been
used for their intended purpose, or (2) have been used inconsistently with the terms of this
Agreement, or (3) if the activities or outputs funded by the grant are materially incomplete by the
end of the grant period, as determined by the Town in its sole discretion.
No Pledge:
This Agreement shall not be interpreted to create any pledge or any commitment by the Town to make
any further grants or contributions to Grantee or any other person or entity for this or any other
project.
Reporting and Records:
Grantee agrees to deliver to the office of the Town Clerk a final written report in the form attached as
Exhibit B to this Agreement by July 31, 2024. The written report must include copies of completed
contracts, paid invoices, timecards, payroll check register report, cash receipts, vouchers, cancelled
checks, bank statements and/or other official documentation to show the Town how the grant funds
were expended. This documentation shall explain how each expense is related to the approved
purpose of the grant. The final written report is a publicly accessible document.
Original receipts and invoices must be maintained by Grantee for five years and shall be made available
to the Town upon request. Grantee agrees to maintain adequate financial records consistent with
generally accepted accounting practices, and to retain such records for at least five years after the
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conclusion of the grant period. The Town may monitor and conduct an evaluation of the Grantee’s
operation to ensure compliance with this Agreement.
Grantee will provide a minimum of one site visit or project observation at a mutually agreed upon time
during the grant period to a Town staff representative. An interim check-in by phone, video meeting or
email may also by requested at any time during the grant period by either the Town or the Grantee.
Publicity Acknowledgement:
Grantee will acknowledge the Town’s support in any publications or materials related to the project,
as follows: “Supported in part by a grant from the Town of Los Gatos”. Grantee agrees that The Town
may include information about the Grantee and its activities in its own reports and publications and
may distribute such information to third parties.
No Agency:
Grantee is solely responsible for the results of its services, compliance with the terms of this
Agreement, and for all activities supported by the grant. Nothing in this Agreement creates a
partnership, agency, joint venture, employment, or any other type of relationship between the
Grantee and the Town. The Grantee shall not represent itself as an agent of the Town for any
purpose and has no authority to bind the Town in any manner whatsoever.
No Lobbying:
Grantee confirms that the grant funds will not be used for the purpose of lobbying, carrying on
propaganda or otherwise attempting to influence legislation as defined by the United States Internal
Revenue Code of 1986.
No Assignment:
Grantee may not assign this Agreement or delegate performance of the terms of this Agreement or
of the project to any other person or entity without the prior written consent of the Town.
Indemnity:
Grantee agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Town, its
elected and appointed officials, employees, and agents, from any and all claims, injury, liabilities,
losses and expenses (including attorney’s fees) directly, indirectly wholly or partially arising from or
in connection with any act or omission of Grantee, its employees or agents, in applying for or
accepting the grant, in expending or applying grant funds, or in carrying out the project as set forth
in the proposal. Grantee shall defend Town, its elected and appointed officials, employees, and
agents, against any such claims.
Compliance with Law:
Grantee shall comply with and cause all its contractors and employees, if any, to comply with all
applicable federal, state and local laws, ordinances, codes, regulations.
Contact and Notices:
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All notices, reports, or other correspondences related to this Agreement shall be sent to the
following Addresses:
TOWN
Town of Los Gatos Town
Manager’s Office 110 E.
Main St
Los Gatos CA 95030
GRANTEE
KCAT
Melissa Toren, Executive Director
15466 Los Gatos Blvd., #109-233
Los Gatos CA 95032
Agreement and Authority:
Grantee acknowledges and agrees that this Agreement represents the entire agreement between
the Grantee and the Town with respect to the subject matter addressed herein. The terms of this
Agreement may be modified only by writing signed by duly authorized representatives of both
parties. The person(s) signing this Agreement on behalf of the Grantee represents and warrants to
the Town that they have the requisite legal authority and power to execute this Agreement, and to
bind Grantee to the obligations contained herein.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
herein above set forth.
TOWN OF LOS GATOS
__
Laurel Prevetti, Town Manager Date
Organization Name
Signature of grant representative Date
Printed name of grant representative Title of grant representative
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APPROVED AS TO FORM:
Gabrielle Whelan, Town Attorney Date
Attest:
___________________________________
Wendy Wood, Town Clerk
Exhibits:
A. Grantee’s original proposal
B. Final Grant Report Template
Los Gatos Grant Agreement. KCAT