HomeMy WebLinkAboutC-8281-11 - Community Programs Grant Agreement FY 16-1700
N GRANT AGREEMENT
C-0 BETWEEN THE CITY OF NEWPORT BEACH AND
ADVOCATES FOR GRANDPARENT GRANDCHILD CONNECTION
U
This Grant Agreement ("Agreement") is entered into this gth day of May, 2017 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and Charter City ("City"), and ADVOCATES FOR GRANDPARENT
GRANDCHILD CONNECTION, a Unincorporated Non -Profit Association located at P.O.
Box 5622, Newport Beach, CA 92662 ("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 hospitality expenses, purchase of
project -related equipment and supplies, speaker fees, educational materials, and
venue fees for outside events ("Grant Proposal").
C. The City Council determined 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 One Thousand Five Hundred
Dollars and 00/100 ($1,500.00) ("Grant Funds") to 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 One Thousand Five
Hundred Dollars and 00/100 ($1,500.00) 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.
2. TERM
The term of this Agreement shall commence on the Effective Date and shall continue in
full force and effect until June 30, 2017, unless terminated earlier as provided herein.
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; and
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.
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.
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
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).
ADVOCATES FOR GRANDPARENT GRANDCHILD CONNECTION Page 2
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 shall, upon conclusion of the event, furnish the City with a Balance
Sheet and Income Statement describing the receipt and disbursement activities of
Grantee with respect to the Grant Funds. In its sole and absolute discretion, the City may
also require Grantee to submit: (i) quarterly check registers and descriptions of each
disbursement; (ii) budget -to -actual -results; and (iii) a statement of position describing the
assets and liabilities associated with the Grant event. All reports, including a post -event
evaluation, shall be due to the City no later than forty-five (45) days following the
conclusion of the event. In the event that an independent audit is conducted, Grantee
shall forward a copy of the audited report to the City for review, including any Management
Letter, Report on Internal Controls, or Reportable Conditions letter generated during the
course of the audit.
4.6. Grantee agrees to exercise prudent financial management processes
including proper oversight of all assets, budget preparation, and timely reporting including
budget -to -actual -comparisons.
4.7. 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.
4.8. 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.
ADVOCATES FOR GRANDPARENT GRANDCHILD CONNECTION Page 3
5. USE OF GRANT FUNDS
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, 2017, Grantee shall notify the City in writing, and shall
be obligated to return the Grant Funds to City within thirty (30) days.
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
ADVOCATES FOR GRANDPARENT GRANDCHILD CONNECTION Page 4
or otherwise without prior written consent of City. Any attempt to do so without written
consent of City shall be null and void.
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: Dave Kiff, City Manager
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658-8915
9.3. All notices, demands, requests or approvals from City to Grantee shall be
addressed to Grantee at:
Attn: Susan Hoffman
ADVOCATES FOR GRANDPARENT GRANDCHILD
CONNECTION
PO Box 5622
Newport Beach, CA 92662
%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.
ADVOCATES FOR GRANDPARENT GRANDCHILD CONNECTION Page 5
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.
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. Controllinq 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 Attorney's 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.
ADVOCATES FOR GRANDPARENT GRANDCHILD CONNECTION Page 6
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.
11.13 Liability. As a member, director, officer, or agent of Grantee, the officer
executing this Grant Agreement expressly assumes liability for and agrees to be liable for
any injury, damage, or harm caused by an act or omission of Grantee or an act or
omission of a director, officer, or agent of Grantee arising out of this Agreement.
[SIGNATURES ON FOLLOWING PAGE]
ADVOCATES FOR GRANDPARENT GRANDCHILD CONNECTION Page 7
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: 5�qZ/ 7
By:
Aaron C. Harpq
City Attorney
ATTEST: /� �7
Date:
By
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
Dave Kiff
City Manager
GRANTEE: ADVOCATES FOR
GRANDPARENT GRANDCHILD
CONNECTION, a Unicorporated Non -
Profit Association
Date:S--- � =��/ 7
By( "I"Y" ---C; -.j 7
Susan Hoffman
President
[END OF SIGNATURES]
Attachment: Exhibit A: Grant Proposal
ADVOCATES FOR GRANDPARENT GRANDCHILD CONNECTION Page 8
Exhibit A
CITY OF -•-
Community Programs & Human Services Grants — Application for FY 16-17
Applicant Information
Name of Applicant Organization:
Applieant Representative Contact Information:
First Name l 1_ Last Name
M&A
Title /Affiliation:'
Full Address of, Organization:
3 S 2w rz 266 z,
Phone Email
1' tO -O-tr, Aa�J't1 GI(C1VM{�-Y 14ASL LL
ype of Entity (indicate one):
Nonprofit (List type) Community / Neighborhood School
C3 ��w.rI�L�T_ Other?
Entity Address (ifdifferent from applicant):
Name of Program o Service
Type of Program or Service offered to Newport Beach residents:
\,"k\3 Akkd V5(NL3V.PS L
Have you previously received City supportTdr this o a simil r program or activit .
S NO
If yes, please list`the programs(s) year(s) and amount(s):
acc.)
Number of Newport Beach residents participating or receiving services within past year. (Specify
numbers by typeof service.)
SSU -' i 2 �- �� - �e✓�sa�\
Percentage of this program devoted or utilized by Newport Beach residents:
'kk
6k
by your organization:
Brief description of program or activity for which you are seeking a grant:
Explain how your program or activity serves, involves or engages Newport Beach residents (150 -
word maximum):
see-- 0.�rr t �.r✓c�
The request for City of Newport Beach support must include a list of other Yes No
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?"
If you
answered es above lease list the
Y Y � p .entities orrou sand the amount of financial
g P support
requested from each:
Amount of financial assistance received last year (FY 15-16) )from the City of N
(if any): $ 30-00
cial assistance requested FY 16-17: $ 3�0t)
A detailed description of how the FY 16-17 grant money would be spent:
Ko��rr >rIi� GyPlEt SSS fUlO AM 0f f RO:I fir- RJeLk D
�r�N� Luz (DUT D�
As your organization's representative, please check the box below and type your name in the line
below.
acknowledge that submission of this application does not guarantee that my organization
will receive City support.
4 e'N
Attach event budget and submit the completed application no later than Monday, October 13, 2016
at 4 p.m
Description:
Broad" 'community outmach with juest speakers, fifrs3 siro� i�sg, aro€fi€sis�.
Program Services:
SUPPORT GROUP
For those fortunate enough to have access to an in—person support group
specifically for grandparents with visitation issues, you have much to offer as
well as receive even if you have nothing to say.
Sitting in the same room with someone else who is in the same boat is a
blessing. Grandparents find that friends and relatives can't offer the
understanding that another alienated grandparent can.
By your mere presence you are providing a gift to others, whether or not you
speak. Simply attending lends support to all and provides an opportunity to
receive support as well. Solutions are sometimes forthcoming, and when they're
not there is always something to be learned by making the co -a mitrnent.
Support groups provide a connection outside of meetings and everyone is
encouraged to reach out for help rather than suppress until the next meeting.
Support, educate, inform is purpose.