HomeMy WebLinkAboutCounty of San Diego - Community Enhancement Progrm Grant Agreement for the "A Kimball Holiday" Event - 2025Docusim Envelope ID: 9F60D8D5-F32F-49FB-B137-689757DD3BAD
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COMMUNITY ENHANCEMENT PROGRAM
GRANT AGREEMENT BETWEEN
THE COUNTY OF SAN DIEGO
AND City of National City
This Grant Agreement is entered into between the County of San Diego, a political
subdivision of the State of California (County), and City of National City, a Non -Profit Corporation (Grantee) on
with an effective date of 10/22/2025.
WHEREAS during the 1982-83 fiscal year, the San Diego County Board of
Supervisors established the Community Enhancement program; and
WHEREAS, pursuant to Board of Supervisors Policy B-58, the purpose of this
Program is to provide funds to nonprofit and/or tax exempt organizations that stimulate tourism, promote the
economy, create jobs, and improve the quality of life throughout San Diego County; and
WHEREAS, the County funds this program primarily with the County's Transient Occupancy Tax;
WHEREAS, on 10/22/2025 (OCT-25), the Board of Supervisors allocated the grant funding set forth in this
Agreement for the purpose described in this Agreement.
NOW, THEREFORE, the parties agree as follows:
1. Amount of Grant. The County agrees to pay Grantee the amount of $20,000.00. Under no
circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee
after County receives a signed copy of this Agreement from Grantee.
2. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely
for the following purpose: Funds will pay for the cost of the Ferris Wheel, ice needed to create a
snow hill, and LED/Light up dance floor.
3. Term of Aareement. The term of this Agreement shall be for 13 months starting on the effective date
as specified above.
4. Time Period for Use of Grant Funds and Documentation of Expenditures.
(a) Grantee shall spend all grant funds provided by the County for the purposes
specified in Paragraph 2 within 12 months of the effective date of this Agreement
as specified above.
(b) Grantee shall complete the Documentation of Grant Expenditures form provided by the
County's administrator, setting forth Grantee's total actual expenditures of the grant
funds provided under this Agreement. Grantee shall submit this completed form and
the related documentation including, but not limited to, invoices/receipts, credit card
statements, check stubs, check copies, copy of canceled checks, copy of bank
statements, etc. to the County's administrator promptly after spending the grant funds,
but in no event after the end of the Term of Agreement specified above. If the parties
agree to extend the Term of Agreement, Grantee shall submit this expenditure
documentation by the end of the extended Term. If County's administrator requests
additional information regarding Grantee's expenditure of the grant funds, Grantee
shall promptly submit the requested information to County's administrator.
(c) Grantee shall retain copies of all receipts, invoices, cash register tapes and other direct
evidence of the expenditure of funds for which grant funds are used for the duration of
the audit period specified in Paragraph 8.
AGREEMENT
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(d) If after reviewing Grantee's expenditure documentation, the County's administrator:
(i) determines that the Grantee failed to spend all of the grant funds
(ii) disallows any expenditure by Grantee;
(iii) determines that the grant funds provided exceed Grantee's total actual expenditures
authorized under this Agreement; or
(iv) grant funds were used in a manner contrary to Paragraphs 2 or 5
Grantee shall refund to the County the amount specified by the County's
administrator. Grantee shall make this refund within seven (7) County business days
after receiving a written request for refund from the County's administrator. In its
sole discretion, the County may offset the refund amount from any payment due to or
to become due to Grantee under this Agreement or any other agreement with the
County.
(e) If Grantee fails to provide the required documentation of expenditures as
required in Subparagraph (b) and (c) above, the County's administrator may
request Grantee to refund to the County all or any portion of the grant funds
provided under this Agreement. Within seven (7) County business days of receipt of
a written request for a refund, Grantee shall refund to the County the amount specified
by the County's administrator.
(f) If Grantee incurs expenses before the County pays the grant under this Agreement, the
County will reimburse Grantee in an amount not to exceed the amount specified in
Paragraph 1 upon submission of documentation to County's administrator setting forth
Grantee's actual expenditures for the purpose specified in Paragraph 2 and approval of
the documentation by County's administrator.
5. Restrictions on use of grant funds.
(a) Grant funds shall not be used for any purpose prohibited by laws governing the use of
public funds including, but not limited to, religious purposes, political campaigning, or
purely private purposes or activities.
(b) If Grantee provides or participates in any activity for which public funds may not be
used, such as religious activities, Grantee shall inform the County of this activity
before accepting any grant funds. Grantee shall ensure that no grant funds awarded
pursuant to the Agreement are used to support in any manner said activity.
(c) Grantee shall not donate any grant funds to a third party.
(d) Grantee may not include in its Documentation of Grant Expenditures report under this
Agreement any expenditures for which Grantee has received or is or will be claiming
funding from any other source.
(e) Grantee shall not assign or transfer any interest in this Agreement (whether by
assignment or novation), without the prior written consent of the County.
(f) Grantee shall comply with Board Policy B-58.
(g) Grantee's failure to comply with any provision in Paragraph 5 shall constitute a
material breach of this Agreement.
6. Administrator of Agreement. The Office of Economic Development and Government Affairs in the
Chief Financial Officer's Office shall administer this Agreement on behalf of the County, and Joanne
McGhee at (619) 3364243 shall administer it on behalf of Grantee. County and Grantee may from
time to time designate a different administrator by providing notice in the manner required by
Paragraph 7.
AGREEMENT
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7. Notice. All communications from Grantee to the County shall be sent to the Office of Economic
Development and Government Affairs as listed below. Any notice or notices or other documentation
required or permitted to be given pursuant to this Agreement may be personally served on the other
party by the party giving such notice, or may be served by certified mail, postage prepaid, return
receipt requested, to the following addresses.
County: Deputy Chief Administrative Officer/Chief Financial Officer
Office of Economic Development and Government Affairs
County of San Diego
1600 Pacific Highway Room 152
San Diego, CA 92101
Grantee: City of National City
City of National City National City branch
1243 National City Blvd
National City, CA 91950
Notices that are personally served shall be deemed delivered on the date served. Notices sent by certified
mail shall be deemed delivered 5 County business days after mailing. County and Grantee may from time to time
designate a new address for providing notice by providing notice of the new address in accordance with this
Paragraph.
8. Audit and Inspection of Records. At any time during normal business hours and as often as the
County may deem necessary, the Grantee shall make available, within 5 County business days of the
receipt of a request, to the County for examination all of its records with respect to all matters covered
by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from
such records, and make audits of all invoices, materials, payrolls, records of personnel and other data
relating to all matters covered by this Agreement. Unless otherwise specified by the County, said
records shall be made available for examination within San Diego County, California. Grantee shall
maintain such records in an accessible location and condition to the later of a period of four (4) years
after the termination of this Agreement unless County agrees in writing to an earlier disposition. The
State of California or any Federal agency having an interest in the subject of this Agreement shall have
the same rights conferred upon County by this Agreement.
9. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this
Agreement, the County may send Grantee a written notice of default that specifies the nature of the
default. Grantee shall cure the default within 3 County business days following receipt of the notice of
default. If Grantee fails to cure the default within that time, the County may terminate this Agreement
by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly
provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total
actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall
promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's
total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the
effective date of termination. The County may also seek any and all legal and equitable remedies
against Grantee for breaching this Agreement.
10. Termination for Convenience of County. County may terminate this Agreement at any time by
giving written notice to Grantee of such termination and specifying the effective date thereof at least 30
County business days before the effective date of such termination. On or before the date of
termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures
setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of
termination. Grantee shall promptly refund to County all funds County paid to Grantee under this
Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by
County's administrator, as of the effective date of termination.
11. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by
giving written notice to County's administrator of such termination and specifying the effective date
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thereof at least 60 County business days before the effective date of such termination. On or before the
date of termination, Grantee shall provide County's administrator with Documentation of Grant
Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the
effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee
under this Agreement that exceed Grantee's total actual expenditure for the purpose of the grant, as
determined by County's administrator, as of the effective date of termination.
12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not
limited to, other projects or independent contracts, and shall not acquire any such interest, direct or
indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the
grant as specified in Paragraph 2. Grantee further covenants that in the performance of this Agreement,
no person having any such interest shall be employed or retained by Grantee.
13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this
Agreement shall be subject to copyright in the United States or in any other Country. The County shall
have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any
reports, data or other materials prepared under this Agreement.
14. Insurance. Grantee shall maintain insurance against claims or injuries to person or damages to property
that may arise from or in connection with the use of the grant funds by Grantee, its agents, representatives,
employees, volunteers or subcontractors. The cost of such insurance shall be borne by Grantee and
coverage limits shall be a minimum of $1,000,000 General Liability per occurrence/$1,000,000 aggregate
for operations, products and completed operations for bodily injury, personal injury and property damage;
$500,000 Automobile Liability per accident for bodily injury and property damage; and Workers'
Compensation and Employers Liability Insurance as required by the California Labor Code. County shall
retain the right at any time to review the coverage and amount of insurance required.
15. Independent Capacity. In the performance of this Agreement, Grantee and its agents, employees and
volunteers shall act in an independent capacity and not as officers, employees, agents or volunteers of
the County. This Agreement does not create an employment relationship between Grantee and the
County.
16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant for
such employment because of age, race, color, religion, physical handicap, ancestry, sex, or national
origin. This provision shall include, but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship.
17. Defense and Indemnity. To the fullest extent permitted by law, County shall not be liable for, and
Grantee shall defend and indemnify County and its officers, agents, employees and volunteers
(collectively, "County Parties") against any and all claims, deductibles, self -insured retention's,
demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses,
damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs
(collectively, "Claims"), which arise out of or are in any way connected to County's provision of grant
funds and/or Grantee's use of grant funds under this Agreement arising either directly or indirectly
from any act, error, omission or negligence of Grantee or its officers, employees, volunteers, agents,
contractors, licensees or servants, including without limitation, Claims caused by the sole passive
negligent act or the concurrent negligent act, error or omission, whether active or passive, of County
Parties. Grantee shall have no obligation, however, to defend or indemnify County Parties from a
Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole
active negligent act or willful misconduct of County Parties.
18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State
of California.
19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County
regarding the subject matter contained herein. All other representations, oral or written, are superseded
AGREEMENT
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by this Agreement. Neither party is relying on any representation outside of this Agreement. This
Agreement may be changed only by written amendment signed by both parties.
20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall
not be construed as a waiver of that parry's right to subsequently enforce this, or any other term,
covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is
expressly stated in writing and signed by the party waiving the right or benefit.
21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal
counsel of its own choosing before executing this Agreement and has executed this Agreement without
fraud, duress, or undue influence of any kind.
22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its
purpose. The language of all parts of this Agreement shall be construed simply according to its plain
meaning and shall not be construed for or against either party.
23. Corporation Qualified to Do Business in California. If Grantee is a corporation, Grantee warrants
that it is a corporation in good standing and is currently authorized to do business in California.
24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified
herein, all terms and conditions of this Agreement shall survive the expiration of the Term of
Agreement specified in Paragraph 3 above.
25. Remedies. Unless otherwise expressly provided herein, the rights and remedies in this Agreement are
in addition to, and not a limitation on, other rights and remedies under this Agreement, at law or in
equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy.
26. Prevailing Wage. Unless exempted by applicable law (e.g., Labor Code § 1720.4), projects using
over $1,000 of grant funds for construction, alteration, demolition, installation, repair, refuse and ready
mix concrete hauling, maintenance work, or any other work for which prevailing wages must be paid
by Labor Code § 1720 et seq. shall be deemed a "public work" for State prevailing wage purposes. It is
not the intent of this Agreement to impose an obligation to pay prevailing wages on work otherwise
exempt from applicable prevailing wage laws. Grantee shall be solely responsible for ensuring
prevailing wages are paid when owed.
Projects subject to the payment of State prevailing wages are subject to compliance monitoring and
enforcement by the Department of Industrial Relations. Grantee shall be responsible for ensuring all
required job site postings and all certified payroll and other reporting applicable to it as an awarding
body are completed in accordance with the State's prevailing wage regulations. Information regarding
the State's prevailing wage requirements can be obtained from the Director, Department of Industrial
Relations at www.dir.ca.gov , Labor Code § 1720, et seq., and 8 Cal. Code of Regs. § 16000, et seq.
27. Counterparts and Electronic Signatures. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute one
and the same instrument. This Agreement may be executed using electronic or digital signatures in
accordance with California law, which signatures shall be deemed an original.
AGREEMENT
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WHEREFORE, the parties execute this Agreement on the date first written above.
COUNTY OF SAN DIEGO
31grad by:AtAftLw Paw
By: AFC Pa
Deputy Chief Administrative Officer/Chief
Financial Officer
or Designated Representative
Matthew Parr, Director
Office of Economic Development
and Government Affairs
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Date
AveJAwORo d hC.'(%0G CP%X*l N��A6tK
Print Name and Title
[Note: Person signing on behalf of Grantee must be authorized by Grantee's Board of Directors to sign this
Agreement and must be same person Grantee listed in its funding application as being authorized to sign.]
AGREEMENT
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