HomeMy WebLinkAboutC-8281-10C - Community Programs Grant Agreement FY 19-20v
cJ
oE)
N GRANT AGREEMENT
(gyp BETWEEN THE CITY OF NEWPORT BEACH AND
V THE NEWPORT BEACH SISTER CITY ASSOCIATION, INC.
This Grant Agreement ("Agreement") is entered into this 9th day of January, 2020
("Effective Date"), by and between the City of Newport Beach, a California municipal
corporation and Charter City ("City"), and THE NEWPORT BEACH SISTER CITY
ASSOCIAITON, INC., a California nonprofit corporation located at 21 Gramercy #314,
Irvine, California 92612 ("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 Okazaki Program, Antibes Program,
Membership International Sister Cities, Liability and D&O Insurance, to initiate
support for the Newport -Ensenada Race, and develop culinary exchange between
Newport Harbor High and Ensenada Culinary Institute ("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 Two Thousand Dollars and
00/100 ($2,000.00) ("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 Two Thousand Dollars
and 00/100 ($2,000.00) 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:
® 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, 2020, unless terminated earlier as provided
herein.
THE NEWPORT BEACH SISTER CITY ASSOCIATION, INC. Page 1
3. RESTRICTIONS ON USE OF FUNDS AND OTHER REQUIREMENTS RELATED
TO THE RECEIPT OF GRANT 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.
3.3. 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.
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
THE NEWPORT BEACH SISTER CITY ASSOCIATION, INC. Page 2
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).
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
THE NEWPORT BEACH SISTER CITY ASSOCIATION, INC. Page 3
or are not expended by or before June 30, 2020, 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
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.
THE NEWPORT BEACH SISTER CITY ASSOCIATION, INC. Page 4
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: Suzan Berkley
The Newport Beach Sister City Association, Inc.
P.O. Box 3134
Newport Beach, CA 92659
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.
THE NEWPORT BEACH SISTER CITY ASSOCIATION, INC. Page 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.
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.
THE NEWPORT BEACH SISTER CITY ASSOCIATION, INC. Page 6
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.
[SIGNATURES ON NEXT PAGE]
THE NEWPORT BEACH SISTER CITY ASSOCIATION, 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 ATTO N Y'S OFFICE
Date: I Z ZQ0 Zo
CITY OF NEWPORT BEACH,
A California mu icipal corporation
Date: I 7j�?� Zo
By: ae_�_ By:
P,t: Aaron C. Harp �y.L° GraVanager
City Attorney p`� Cit
ATTEST: 1 ��
Date: /
Cr
By. .
Leilani I. Brown
City Clerk
Attachment: Exhibit A: Grant Proposal
GRANTEE: THE NEWPORT BEACH
SISTER CITY ASSOCIATION, INC., a
California nonprofit corporation
Date:
Signed in Counterpart
Bv:
Elizabeth Paulsen
Chief Executive Officer
Date:
IN
Signed in Counterpart
Suzan Berkley
Chief Financial Officer
[END OF SIGNATURES]
THE NEWPORT BEACH SISTER CITY ASSOCIATION, INC. Page 8
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 -
CITY OF NEWPORT BEACH,
A California municipal corporation
oatw
I it --
Aaron C, Harp Grace K Keung
City Attorney
0 City Manager-
ATTEST;
anager
ATTEST;
By:
L i R-OT1 I: Brown
City Clerk
Attachment: Exhibit A- Grant Proposal
GRANTEE., THE NEWPORT BEACH
SISTER CITY ASSOCIATION, INC.,
California nonpr fit corporm-tiQn
Date; Tdl)
By
9-1-1zaWK0 a u I -a'@ n
Chief Executive Officer
Date:
00�
Suzan Berkley
Chief Financial Officer-
(ENC
fficer
[END OF SIGNATURES]
THE NEWPORT BEACH SISTER CITY ASSOCIATION, INC, Page 8
Exhibit A
Grant Proposal
THE NEWPORT BEACH SISTER CITY ASSOCIATION, INC. Page A-1
5/31/2019
Formsite - Single Result Table
Reference # 1056637
Status Incomplete
Login Username
Login Email
By entering my name below, I acknowledge Suzan Berkley
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
and Human Services Grant.
Name of Applicant Organization: Ne�rrport Beach Sister Cir;; Assncianon
First Name Si 7ANj
Last Name
Title / Affiliation:
Full Mailing Address of Organization:
Phone Number
Email Address
Type of Entity (indicate one):
If a Nonprofit Entity, please list type:
Type of Program or Service offered to
Newport Beach residents:
BERK! E`(
Vice e side-ir- r"aa-sarer
—94637?20
https://fs23.formsite.com/bid/Formsite7EParam=Km8gHSeyW8CbdYg2_hQkfDAUSgQg9i Rt2SyUg4Zmw4UyFwmxgdFKQaeLTfEDMMCuZlhlQAm5r7... 1/4
5/31/2019 Formsite - Single Result Table
10/ 14 3,000
1!16 3,000
2117 1,500
Number of Newport Beach residents See attached
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:
100%
Winery Fundraiser 6,000
Personal Donations 750
1819 City Grant 2,000
Arts Commission 2,000
Brief description of the program or activity See attached
that serves, involves or engages Newport
Beach residents (150 word maximum):
The request for City of Newport Beach I''1 11
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 1$2,000
cycle (FY 18-19) from the City of Newport
Beach (if any):
Amount of financial assistance requested
FY 19-20:
A detailed description of how the request
FY 19-20 grant money 1niould be spent:
tlije�, yoUi G (.,�2il -l1ci Vii. 1,`?Ori<. 'V�ilU !11li I( I
children?
:, ynu, , g , ,iZ_i_io,,'s r e preserlt<�riv=.
https://fs23.formsite.com/bid/Formsite7EParam=Km8gHSeyW8CbdYg2_hQkfDAUSgQg9iRt2SyUg4Zmw4UyFwmxgdFKQaeLTfEDMMCuZ]htQAm5r7... 2/4
Y,,
-
https://fs23.formsite.com/bid/Formsite7EParam=Km8gHSeyW8CbdYg2_hQkfDAUSgQg9iRt2SyUg4Zmw4UyFwmxgdFKQaeLTfEDMMCuZ]htQAm5r7... 2/4
5/31/2019
please verify the below by checking the
corresponding boxes and then enter your
name in the field below.
Name.-
Last
ame:Last Urudate
I:ar Tiitic'
rc;r
Formsite - Single Result Table
,)rdanizaLion will have t0 enter Int,:i a al'ai,i
agreement bvih the City.
I have read the C!t,r of Newport Beach
Community Progralris and Human Services Grant
Overview, incl�.icling the eligibility, qualification and
evaluation riteria.
• I acknokr/ledge that submission of this
application does not gua!-antee my organization
will receive City support
• 1 have attached a copy of the most recent
annual Financial report and proposed budget
(attached above). Note: Your application will be
deemed incomplete if a report and budget is not
included with your application.
• 1 have attached a current Statement of
Information filed with the Secretary of State
(attached above). Note: Your application will be
deerned incomplete if this is not attached with
your application
• 1 have attached a current W-9 (attached above)
Note: Your application will be deemed incomplete
if this is not attached with your applicatior,.
grantee shall c :nduc background checks ffir all
oI s volun,_eP a'IcI 'm IDIoyees':'/Pio wori< vv
va�th
minor children in r elauor to any project descr!bed
in Grantee s Grant Prop;; ', ,1. To the extent
applicable, Grantee shall provide the City
Cernficatlon rha It has Cornplled'o/Iti? trlls
2CIUi'"ernent �; Itir rr the ei(_eiuI_ _`f Grant Funcl'i.
Z N 3EPK!_. _ ..
https://fs23.formsite.com/bld/Formsite?EParam=Km8gHSeyW8CbdYg2_hQkfDAUSgQg9iRt2SyUg4Zmw4UyFwmxgdFKQaeLTfEDMMCuZlhtOAm5r7.._ 3/4
Tvpe of Program or Service:
NBSCA promotes international communication and understanding through cultural
exchanges, education and friendship. In July of 2019, students from Newport Beach
middle schools will travel to Okazaki, Japan. They attend school with local
counterparts, will reside with local families, and will be exposed to cultural immersion.
They travel with teacher -chaperones and, in addition to Okazaki, will tour the City of
Tokyo.
In September, the Japanese students with whom they resided, will travel to Newport
Beach for a reciprocal opportunity. In addition, the Japanese students will present a
program to 8th grade student body at Ensign Intermediate School. There will be a
similar exchange in 2020, as has taken place over the last 35 years. As a result of
these exchanges, numerous Japanese families, dignitaries and business professionals
have continued to travel to Newport Beach over the last number of years.
It is anticipated that, in March of 2020, approximately fifteen French high school
students and teachers from Antibes, our Sister City in France, will visit Newport Beach.
They will attend school with their Newport Beach host students and experience family
life in our city. In April, the reciprocal host families will welcome the Newport Beach
students.
In July of 2019 NBSCA is sponsoring a student to represent Newport Beach at the
Sister City International Global Youth Leadership Conference to be held at Rice
University in Houston. Upon his return, he will make a presentation to the City Council.
In January of 2019 NBSCA hosted the Cultural Art Exhibit showcasing the works of
internationally recognized artist, Gianne de Genevraye. Her paintings, depicting
gardens of our Sister Cities, were displayed for two months in the Newport Beach
Central Library.
Number of Newport Beach residents participating or receiving services within past year.
As previously mentioned, the Art Exhibit we hosted in January was attended by over
150 people. More importantly, it was open to all Library visitors to enjoy the artwork
depicting our Sister Cities.
Business executives who were visiting Newport Beach researching business
opportunities were welcomed by the Newport Balboa Rotary members at a dinner.
We would estimate that we reach 200 to 300 residents during the course of a year.
Local citizens continue to participate in various school venues such as assemblies,
culinary exchange, performances by local school choirs, presentations to students and
parents. NBSCA membership extends hospitality to French and Japanese visitors to
give them a vision of our community.
We have welcomed visits from international dignitaries such as Mayor of Okazaki,
principals from international associations and schools, members of civic organizations
and companies.
Invitation from mayor of Ensenada for Sister City members to participate in local events.
NBSCA delegation traveled to the city to meet with local dignitaries to further enhance
tourism opportunities for both communities.
Explain how your program or activity serves, involves or engages Newport Beach
residents:
Our City officials, local citizens, school administrators, teachers and students are
involved and participate in a wide variety of activities offered by NBSCA. They include
student ambassador exchanges, local school assemblies, culinary arts experiences,
performances by school choirs and student groups at our various functions, social
events; fundraisers and Sister City regional, U.S. and international conferences.
Additionally, we entertain dignitaries and visitors from other Sister Cities, as well as
travel as a delegation to their countries.
For the past 35 years, Sister Cities were formalized by mayors of Newport Beach and
corresponding cities. Throughout these years, we have been a vibrant part of the
community, contributing the membership's time and treasure. Due to the competitive
nature of supporting non -profits in today's difficult economic climate, and inasmuch as
NBSCA is a part of the City of Newport Beach, the City's financial assistance will allow
us to continue our work within the community.