HomeMy WebLinkAboutC-8281-5A - Community Programs Grant Agreement FY 17-18GRANT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
COUNCIL ON AGING — SOUTHERN CALIFORNIA, INC.
This Grant Agreement ("Agreement") is entered into this 2nd day of January, 2018
("Effective Date"), by and between the City of Newport Beach, a California municipal
corporation and Charter City ("City"), and COUNCIL ON AGING — SOUTHERN
CALIFORNIA, INC., a California nonprofit corporation located at 2 Executive Circle #175,
Irvine, CA 92614 ("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
Recreational/Educational Instructor at
Indirect ("Grant Proposal").
City for a Friendly Visitor Coordinator,
Hoag's Center for Healthy Living and
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 Three Thousand Dollars and
00/100 ($3,000.00) ("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 Three Thousand Dollars
and 00/100 ($3,000.00) 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 as follows (select one):
® At the time of execution of this Agreement.
COUNCIL ON AGING — SOUTHERN CALIFORNIA, INC. Page 1
The term of this Agreement shall commence on the Effective Date and shall
continue in full force and effect until June 30, 2018, 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
COUNCIL ON AGING — SOUTHERN CALIFORNIA, INC. Page 2
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 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.
COUNCIL ON AGING — SOUTHERN CALIFORNIA, INC. Page 3
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, 2018, Grantee shall notify the City in writing,
and shall be obligated to return the Grant Funds to City within thirty (30) days.
5.2. The City's grant contribution shall only be used for non -secular 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
COUNCIL ON AGING — SOUTHERN CALIFORNIA, INC. Page 4
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.
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
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: Carolina Gutierrez-Richau
Council on Aging — Southern California, Inc.
2 Executive Circle #175
Irvine. CA 92614
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.
COUNCIL ON AGING — SOUTHERN CALIFORNIA, INC. Page 5
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.
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.
COUNCIL ON AGING — SOUTHERN CALIFORNIA, INC. Page 6
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.
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.
COUNCIL ON AGING — SOUTHERN CALIFORNIA, INC. 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:
By:
Aaron . Har
City Attorney
ATTEST.-
Date:
TTEST:Date:
By: 044,
Leilani I. Brown
City Clerk
Attachment: Exhibit A: Grant Proposal
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: 2121 \\`6
DaveKiff
City Manager
GRANTEE: COUNCIL ON AGING —
SOUTHERN CALIFORNIA, INC., a
California, nonprpf� corporation
In
Chief Exde[ifive Officer
Date: 2'7-1-1$
By: M.�
Madhu Vijay
Chief Finance Officer
[END OF SIGNATURES]
COUNCIL ON AGING — SOUTHERN CALIFORNIA, INC. Page 8
Exhibit A
Grant Funds shall be expended solely for a Friendly
Recreational/Education Instructor at Hoag's Center for Healthy
Grant Funds may be used to fund any political activities.
Visitor Coordinator,
Living and Indirect. No
COUNCIL ON AGING — SOUTHERN CALIFORNIA, INC. Page A-1
CITY OF NEWPORTCommunity
• ..Application
AP.P.licant Information
Name of Applicant Organization: Council on Aging -Southern California
(Formerly Council on Aging -Orange Count
Applicant Representative Contact Information:
First Name: Carolina Last Name: Guti6rrez-Richau
Tittle / Affiliation: Preventative Mental Health Department Director
Full Address of Organization: 2 Executive Circle, Suite 175 Irvine, CA 92614
Phone: 714-352-8822Email:
cgrichaur7a.coasc.oro
Ty a of Entity (indicate one): �> 1
on -Prof (List Type) Community/Neighborhood �{ ooh" (
501c3 Private Non -Profit Or anization other?
Entity Address (if different from applicant): NIA
Name of Program or Service: —
Preventative Mental Health Services — PMH (Friendly Visitor and ReConnect Programs), HICAP
Services, Ombudsman Services, FAST Services, Answers Guide Services, Aging as Art Stigma
Reduction Services.
Type of Program or Service offered to Newport Beach residents:
Mental health & emotional support services, educational services/ESL Classes, healthcare services,
protective services, information and dissemination services, stigma reduction services.
Have you previously received City support for this or similar program or activity?
YE NO
If yes, please list the Program(s), year(s), and amount(s):
PMH Department FY 2016-2017 $3,000
Council on Aging FY 2015-2016 $10,000
Council on Aging FY 2014-2015 $5,000
Council on Aging FY 2013-2014 $4,000
Council on Aging FY 2012-2013 $4,500
Care Management Program FY 2010-2011 $4,500
Care Management Program FY 2009-2010 $5,000
Linkages Program FY 2008-2009 $5,000
Number of Newport Beach residents participating or receiving services within past year.
(Specify numbers by type of service)
The Mental Health Department offered services to 171 Newport Beach residents; furthermore it
delivered 142 ESL classes to 1,206 residents at Hoag Center for Healthy Living. The Health Insurance
Counseling and Advocacy program provided Medicare counseling services to 250 residents at the
OASIS Senior Center and the Newport Beach Library. The Ombudsman program conducted advocacy
and protective services to the 830 residents living in the 17 Long Term Care facilities in the city. The
Answers guide offered comprehensive senior resource services to 2,000 Newport Beach residents via
direct dissemination at the Newport Beach Public Library, the OASIS Senior Center, and local hospitals.
The agency also delivered stigma reduction services to 15,000 residents through showcasing the Aging
as Art Exhibition at the Newport Public Library for 4 weeks. The total number of residents benefited by
our services was 19,457.
Percentage of this program devoted or utilized by Newport Beach residents: 10% agency -wide
Total annual fundraisingidonationsisponsorships received by your organization: $469,094
Brief Description of Program or Activity:
The Council on Aging -Southern California (COASC) offers specialized programs designed for older and
disabled adults, their caregivers, and their families. We served more than 200,000 Orange County
seniors and their families annually. Our qualified staff and volunteers served as advocates for the rights
and dignity of 28,000 individuals residing in 1,100 nursing homes and assisted living facilities through
the Long -Term Care Ombudsman Program; saved Medicare beneficiaries over $3.5 million annually
through COA's Health Insurance Counseling and Advocacy Program; assisted in the protection of more
than $1 million annually on behalf of financial elder abuse victims through the Financial Abuse Specialist
Team; and educated over 71,000 individuals through the distribution of the comprehensive Answers
Guide O.C. Furthermore, we provided therapeutic and case management interventions, as well as skill -
building classes through the ReConnect services; and delivered over 4,500 hours of social support to
prevent mental health illness in isolated adults and older adults through Friendly Visitor Program. The
Council also offers an aging stigma reduction program showcasing the beauty of our senior community
called Aging as Art which is exhibited at the Newport Beach Public Library for 4 weeks every year.
Explain How Your Program or Activity Serves, Involves or Engages Newport Beach residents
(150 -word maximum):
All our services play an instrumental role in sustaining the quality of life and access to healthcare of the
growing frail and vulnerable senior population in Newport Beach. They are provided at no cost to the
city of Newport Beach residents. The Council on Aging involves Newport Beach residents should they
need any of our services (description above). Newport Beach residents are also involved with our
agency as volunteers, giving back to the community where they live. Furthermore, we partner with local
entities in Newport Beach such as the Central Library, the OASIS Senior Center, and local hospitals to
conduct activities year round and engage the community at large. In 2016 our agency partnered with the
Melinda Hoag Smith Center for Healthy Living to providing ESL classes free of charge to the community
twice a month; in 2017 our HICAP counselors started offering monthly sessions at the center.
The request for City support must include a list of other City entities
Yes
No
or groups (e.g., CDBG, Discretionary Funds, Special Events etc.) from
which the applicant is seeking financial support. Are you seeking
support from other City entities?
If you answered yes above, please list the entities or groups and the amount of financial support
requested from each:
Newport Beach CDBG FY 17-18 request of $7,000 was granted at $6,500
Amount of financial assistance received last year (FY 16-17) from the City of Newport Beach (if
any):
$ 3,000 from Community Programs and Human Services Grants
$ 6,000 from CDBG
Amount of financial assistance requested FY 17-18:
$11,500
A detailed description of how the FY 17-18 grant money would be spent:
Line Item
. -
Budget
Friend
Friendly Visitor Coordinator - 10%
$6,700.00
(Community education and outreach in
the City of Newport Beach, volunteer
training and retention)
Recreational/Education Instructor
at Hoag's Center for Healthy Living
$3,300.00
Indirect (15%)
$1,500.00
Total
$11,500.00
As your organization's representative, please check the box below and type your name in the line
below.
I21� I acknowledge that submission of this application does not guarantee that my organization
will receive City support
Name: _1 Q i-yurO Py ke-'rvv- z —-c.l1wJ
Attach budget and submit the completed application no later than Monday, November 13,
2017at 12 p.m.