HomeMy WebLinkAboutC-8281-12B - Community Programs Grant FY 25-26GRANT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
SPEAK UP NEWPORT
This Grant Agreement ("Agreement") is entered into this 30th day of June, 2025
("Effective Date"), by and between the City of Newport Beach, a California municipal
corporation and Charter City ("City"), and Speak Up Newport, a California nonprofit
corporation located at 331 Lugonia Street, Newport Beach, CA 92663 ("Grantee"). City
and Grantee are at times individually referred to as "Party" and collectively as "Parties"
herein.
RECITALS
A. It is the policy of the City Council that the City's budget specifically allows the City
Council to direct revenue towards non-profit agencies, community groups,
community events, or enhancement projects with worthy projects or programs
which the City Council deems beneficial to the residents' quality of life.
B. Grantee requested a grant from the City for its use of the community room, NBTV
filming and IT services for up to 10 monthly programs, up to 3.5 hours each,
regarding civic issues ("Grant Proposal").
C. The City Council determines the Grant Proposal is for a worthy project that will
benefit the City's residents' quality of life.
D. The City Council approved a grant in the amount of Six Thousand Dollars ("Grant
Funds") the Grantee pursuant to certain conditions regarding expenditure,
reporting, and accounting requirements.
NOW, THEREFORE, the Parties agree as follows:
1. GRANT
1.1. City awards to Grantee Grant Funds in the amount of Six Thousand Dollars
and 00/100 ($6,000.00) as requested by Grantee in the Grant Proposal attached hereto
as Exhibit A and incorporated herein by reference, or such other amount as authorized
by the City Council.
1.2. Grant Funds shall be disbursed by City to Grantee at the time of execution of
this Agreement in the form of a credit of toward the use of the Newport Beach Community
Room and to cover the cost of NBTV services.
2. TERM
The term of this Agreement shall commence on the Effective Date and shall
continue in full force and effect until June 30, 2026, unless terminated earlier as provided
herein.
SPEAK UP NEWPORT Page 1
3. RESTRICTIONS ON USE OF FUNDS
3.1. The Grant Funds are subject to the following expenditure conditions ("Approved
Uses"):
3.1.1. The Grant Funds shall be expended solely for the purposes provided
in Exhibit A;
3.1.2. The Grant Funds shall not be used for any activity that would violate
City, state, or federal statutory or decisional law such as regulations affecting non-profit
or tax exempt organizations exempt from taxation pursuant to Section 501(c)(3) of the
Internal Revenue Code
3.2. Grantee further warrants to City that the Grant Funds will be spent solely for
the Approved Uses and the Grant Funds shall be used by Grantee during this
Agreement's term otherwise the Grant Funds shall be returned to City, as provided in
Section 5 below.
3.3. Grantee shall conduct background checks for all of its volunteers and
employees who work with minor children in relation the any project described in Grantee's
Grant Proposal the extend applicable, Grantee shall provide the City certification that is
has complied with this requirement prior to the receipt of Grant Funds.
4. REPORTING AND ACCOUNTING REQUIREMENTS
4.1. At all times during the term of this Agreement, Grantee shall maintain true,
proper, and complete books, records, and accounts (collectively, "Books and Records")
in which shall be entered fully and accurately all transactions taken with respect to the
operations of Grantee under the Grant Proposal and the expenditure of the Grant Funds.
Grantee shall maintain the Books and Records in accordance with Generally Accepted
Accounting Principles. Grantee shall make available to City such Books and Records
upon City's request.
4.2. If the Grantee has been audited by an independent auditor or has been the
subject of a compliance audit/examination by a grantee or regulatory agency during the
past three years, audit reports and management letters indicating compliance violations,
fraud, illegal acts, material weaknesses in internal control structure or reportable
conditions, in connection with such audits shall be delivered to the City thirty (30) days
prior to the effective date of this agreement. If no audits or events as described above
have occurred during this period, the Grantee shall provide City a written assertion that
no audits or similar examinations have occurred during the three (3) year period and an
assertion that the Grantee is not aware of any events or conditions, described above, or
other information that might reasonable impact City's decision to fund the grant as
requested.
4.3. City reserves the right to designate its own employee representative(s) or its
contracted representative(s) with a Certified Public Accounting firm who shall have the
right to audit Grantee's accounting procedures and internal controls of Grantee's financial
SPEAK UP NEWPORT Page 2
systems as they relate to the Grant Proposal and to examine any cost, revenue, payment,
claim, other records or supporting documentation resulting from any items set forth in this
Agreement. Any such audit(s) shall be undertaken by City or its representative(s) at
mutually agreed upon reasonable times and in conformance with generally accepted
auditing standards. Grantee agrees to fully cooperate with any such audit(s).
4.4. This right to audit shall extend during the length of this Agreement and for a
period of three (3) years or longer, if required by law, following the date of any Grant
Funds tendered under this Agreement. Grantee agrees to retain all necessary
records/documentation for the entire length of this audit period.
4.5. Grantee agrees to exercise prudent financial management processes including
proper oversight of all assets, budget preparation, and timely reporting including budget -
to -actual -comparisons.
4.6. All Approved Uses shall be performed by Grantee or under Grantee's
supervision. Grantee represents that it possesses the professional and technical skills
required to perform the services required by this Agreement, and that it will perform all
services with a standard of care and in a manner commensurate with the community
professional standards and with the ordinary degree of skill and care that would be used
by other reasonably competent practitioners of the same discipline under similar
circumstances.
4.7. If Grantee has supported Political Action Committees(s) (PACs) during the past
three (3) years, the Grantee shall hire an independent auditor to perform limited, agreed -
upon testwork procedures to provide City assurance that City sponsored event profits did
not subsidize the funding of Political Action Committees (PACs) and event proceeds were
adequately segregated from funds used to support PACs. Agreed upon procedures may
include a review of a detail list of the past three (3) years of PAC contributions and
expenditures, including:
a. An identifying donor number, date and amount of each reported
contribution; and
b. A detail of expenditures sufficient enough to determine that the
expenditures were solely for PAC -related expenses; and
c. Any retained earnings or fund balance at the end of each fiscal year.
Substantive documentation for the contribution and expenditure should be available upon
request. City shall approve the agreed -upon testwork procedures prior to the
commencement of fieldwork.
5. USE OF GRANT FUNDS
5.1. The Grant Funds shall be used solely by Grantee for the Approved Uses and
for no other use. In the event that the Grant Funds are not used for the Approved Uses
or are not expended by or before June 30, 2026, Grantee shall notify the City in writing,
and shall be obligated to return the Grant Funds to City within thirty (30) days.
SPEAK UP NEWPORT Page 3
5.2. The City's grant contribution shall only be used for non-sectarian purposes.
Grantees shall not use the City's grant contribution, or any portion thereof, for any purpose
that violates local, state, or federal law, including, but not limited to, the Establishment
Clause.
6. INDEMNIFICATION
6.1. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers, and
employees (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim"; collectively, "Claims"), which may arise from or in any manner relate (directly
or indirectly) to this Agreement (including the negligent and/or willful acts, errors and/or
omissions of Grantee, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
6.2. Notwithstanding the foregoing, nothing herein shall be construed to require
Grantee to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorney's fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Grantee.
7. GRANTEE INDEPENDENCE
In the performance of this Agreement, the Grantee, and the agents and employees of
Grantee, shall act in an independent capacity and are not officers, employees or agents
of the City. The manner and means of performing the Approved Uses are under the
control of Grantee, except to the extent they are limited by statute, rule or regulation and
the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
constitute approval for Grantee or any of Grantee's employees or agents, to be the agents
or employees of City. Grantee shall have the responsibility for and control over the means
of performing the Approved Uses, provided that Grantee is in compliance with the terms
of this Agreement. Anything in this Agreement that may appear to give City the right to
direct Grantee as to the details of the performance or to exercise a measure of control
over Grantee shall mean only that Grantee shall follow the desires of City with respect to
the results of the Approved Uses.
8. PROHIBITION AGAINST TRANSFERS
Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of the
services to be performed under this Agreement, directly or indirectly, by operation of law
or otherwise without prior written consent of City. Any attempt to do so without written
consent of City shall be null and void.
SPEAK UP NEWPORT Page 4
9. NOTICES
9.1. All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
9.2. All notices, demands, requests or approvals from Grantee to City shall be
addressed to the City at:
Attn: City Manager
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
9.3. All notices, demands, requests or approvals from City to Grantee shall be
addressed to Grantee at:
Attn: Edward Selich
331 Lugonia Street
Newport Beach, CA 92663
10.TERMINATION
10.1. Termination for Cause. Grantee shall be in default if Grantee fails or refuses
to perform any duty required by the Agreement or performs in a manner inconsistent with
the terms, conditions and restrictions in this Agreement. In such event, City shall give
Grantee, thirty (30) days written notice to cure, if the default can be cured and City shall
be entitled to terminate this Agreement if Grantee has not cured the default within the
thirty (30) day cure period. City shall be entitled to immediately terminate this Agreement
if the default cannot be cured through corrective action. If terminated for cause, Grant
Funds shall be returned to the City pursuant to Section 5. This Agreement is made on an
annual basis, and as such is subject to non -renewal at its termination.
10.2. Termination without Cause. City may terminate this Agreement at any time
with or without cause upon seven (7) days written notice to Grantee, any remaining Grant
Funds in Grantee's possession at the time of termination shall be returned to City
pursuant to Section 5.
10.3. Specific Performance. Grantee agrees that the City has the legal right, and all
necessary conditions have been satisfied, to specifically enforce Grantee's obligations
pursuant to this Agreement.
11. STANDARD PROVISIONS
11.1. Recitals. City and Grantee acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference into this Agreement.
SPEAK UP NEWPORT Page 5
11.2. Compliance With all Laws. Grantee shall at its own cost and expense comply
with all statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or hereinafter enacted.
11.3. Waiver. A waiver by either Party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
11.4. Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
11.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Grant Proposal or any other
attachments attached hereto, the terms of this Agreement shall govern.
11.6. Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
11.7. Amendments. This Agreement may be modified or amended only by a written
document executed by both Grantee and City and approved as to form by the City
Attorney.
11.8. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
11.9. Controlling Law And Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
11.10. Equal Opportunity Employment. Grantee represents that it is an equal
opportunity employer and it shall not discriminate against any contractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age or any other impermissible basis under law.
11.11. No Attorneys Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorney's fees.
11.12. Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
SPEAK UP NEWPORT Page 6
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: "7i 1 h(
By: aka
r n C. Harp
City Attorney r�j,�,�
ATTEST: EE�
Date: J zV4�n_
Mo ly Perry
Interim City Cler gt,fio�N_„j
CITY OF NEWPORT BEACH,
A Californi mu icipal corporation
Date: 7151 1 1o25
By:
Gr c K. Leung
Manager
GRANTEE: SPEAK UP NEWPORT, a
California non-profit corporation
Date:
By: � "� n S j,
Edward Selich
Chief Executive Officer
Date:
By:
Marie Marston
Chief Financial Officer
[END OF SIGNATURES]
Attachment: Exhibit A - Grant Proposal
SPEAK UP NEWPORT Page 7
Exhibit A
SPEAK UP NEWPORT Page A-1
Reference #
Status
Login Username
Login Email
By entering my name below, I acknowledge I
have read and understand the overview,
criteria and requirements regarding this
grant (listed above). I hereby accept the
terms and conditions in regards to the City
of Newport Beach Community Programs
Grant.
Name of Applicant Organization:
First Name
Last Name
Title / Affiliation:
Full Mailing Address of Organization
Phone Number
Email Address
Type of Entity (indicate one):
Entity Address (if different from applicant):
Name of Program or Service:
Type of Program or Service offered to
Newport Beach residents:
13559572
Complete
edselich@roadrunner.com
edselich@roadrunner.com
Edward D Selich
Speak Up Newport
Edward
Selich
President Speak Up Newport
627 Bayside Drive
9493009465
EdSelichh@roadrunner.com
Other (A California Nonprofit Mutual Benefit
Corporation)
PO Box 2594 Newport Beach Ca 92660
Civic Affairs Discussion Organization
10 Programs a year on Civic affairs of interest to
Newport Beach residents and businesses.
Have you previously received City support
for this or a similar program or activity?
If yes, please list the program(s), year(s) and
amount(s):
Number of Newport Beach residents
participating or receiving services within the
past year. (Please specify numbers by type
of service).
Percentage of this program devoted or
utilized by Newport Beach residents:
Total annual
fundraising/donations/sponsorships
received by your organization:
Yes
In recent years we have not received a dollar
amount but had our fees to use the Community
Room waived.
We request all charges related to the Community
Room rental this year including security.
We also request $5,000 to cover the cost of NBTV
services estimated at $500 each for ten
programs.
Monthly Programs 2400 direct; indirect hard to
quantify as each program is filmed and put on
NBTV and You Tube.
Approximately 90%
None
Brief description of the program or activity Speak UP Newport is a 44 years old organization
that serves, involves or engages Newport that strives to sponsor monthly programs of
Beach residents (150 word maximum): Community Interest in Civic Affairs. The programs
are intended to educate and inform residents of
critical issues in an unbiased forum. Our topics
range from JW Airport to Sea Level Rise to
Homelessness to City Council Candidate Forums,
to Coyotes to Public Safety and to proposed
development in our City.
Speak Up Newport also sponsors the annual
Mayors Dinner, arguably the most significant Civic
event in the City, as it is the first opportunity for
the newly elected Mayor to set out his or her
vision
or goals of what they hope to achieve in the
coming year.
The request for City of Newport Beach No
support must include a list of other City
entities, groups or programs (e.g., CDBG,
Discretionary Funds, Special Event Grants,
etc.) from which the applicant is seeking
financial support. Are you seeking support
from other City entities?
Amount of financial assistance received last
cycle (FY 2024-25) from the City of Newport
Beach (if any):
Amount of financial assistance requested
FY 2025-26:
A detailed description of how the request FY
2025-26 grant money would be spent:
Does your organization work with minor
children?
Waiver of Community Room Fees
Waiver of Community Room Fees
On 10 monthly programs
No
Attach your Declaration of Grantee 2025_grantee_form.pdf (1.05 MB)
pertaining to background checks. A blank
form provided below. Please select the form
applicable to your organization (page 1 or
page 2), fill out, save and then upload here.
Attach a copy of the most recent annual
financial report (2024 reports preferred).
Attach a copy of the proposed budget (FY
2025-26).
Attach a current W-9 (Blank W-9 provided
below. Please fill out, save and then upload
here):
As your organization's representative, please
verify the below by checking the
corresponding boxes and then enter your
name in the field below.
24-12-31_SUN_PL.pdf (170 KB)
Speak_Up_Newport_Annual_Budget_for_Monthly_
Programs_2025-2026.pdf (69 KB)
SUN W-9_March_28_2025.pdf (1.84 MB)
• I acknowledge that, if awarded funding, my
organization will have to enter into a grant
agreement with the City.
• 1 have read the City of Newport Beach
Community Programs Grant Overview, including
the eligibility, qualification and evaluation
criteria.
• 1 acknowledge that submission of this
application does not guarantee my organization
will receive City support.
• I have attached a copy of the most recent
annual financial report and proposed budget
Name:
Signature (Use your mouse to sign)
Last Update
Start Time
Finish Time
IP
Browser
Device
Referrer
(attached above). Note: Your application will be
deemed incomplete if a report and budget is
not included with your application.
• I have attached a current Statement of
Information filed with the Secretary of State
(attached above). Note: Your application will be
deemed incomplete if this is not attached with
your application.
• I have attached a current W-9 (attached above).
Note: Your application will be deemed
incomplete if this is not attached with your
application.
• Grantee shall conduct background checks for
all of its volunteers and employees who work
with minor children in relation to any project
described in Grantee's Grant Proposal. To the
extent applicable, Grantee shall provide the City
certification that it has complied with this
requirement prior to the receipt of Grant Funds.
Edward Selich
2025-04-18 10:38:59
2025-04-18 09:33:10
2025-04-18 10:38:59
172.116.136.252
Chrome
Desktop
https://fs23.formsite.com/res/form Log in Return