HomeMy WebLinkAbout2020 CON County of San Diego - Community Enhancement Program GrantCounty office use only
P— 1001836
0 —12900
E— 53666
T-001
A— 100122
Supplier # — 1 114069
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 08/04/2020.
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
cconomy, create jobs, and improve the quality of lift throughout San Diego County; and
WHEREAS, the County funds this program primarily with the County's Transient Occupancy Tax; and
WHEREAS, on 08/04/2020, 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 $5,000.00. 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. Grantce shall use the grant funds provided by County under this Agreement solely
for the following purpose: To fund A Kimball Holiday event for the enjoyment of the community.
The event's various programs bring together community members and highlight the City of
National City, enhancing the local quality of life.
3. Term of Agreement. 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 before the end of the Term of Agreement.
(b) Grantee shall complete Documentation of Contract Costs report setting forth
Grantee's total actual expenditures of the grant funds provided under this
Agreement. Grantee shall submit this documentation to the County's
administrator promptly after spending the grant funds, but in no event later than
30 days 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 not later than 30 days after the end of the extended Term.
(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.
(d) if the County's administrator:
(i) determines that the Grantee failed to spend all of the grant funds
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(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 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 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.
(i) 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.
(b) Grantee shall not spend any grant funds on food or beverages.
(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 Financial Planning in the Chief Financial Officer's
Office'shall administer this Agreement on behalf of the County, and Elyana Delgado at (619) 336
4352 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.
7. Notice. All communications from Grantee to the County shall be sent to the Chief Financial Officer as
listed below. Any notice or noticesor 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:
CE
County: Chief Financial Officer
Office of Financial Planning
County of San Diego
1600 Pacific Highway Room 352
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.
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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 recordswith 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
otherwisespecified 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 for a period of not less
than 4 years followingreceipt of final payment under 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 anytime by giving written
notice to County's administrator of such termination and specifying the effective date 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.
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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 such 'insurance as will fully protect both Grantee and County from any or all
claims under any workers' compensation act' or employer's liability laws, and from any and all claims of whatsoever
kind or nature for the damage to property or for bodily injury,'including death, made by anyone whomsoever which
may arise from operationscarried on under this Agreement, either by Grantee or by anyone directly or indirectly
engaged or employed by Grantee. Grantee shall exonerate, indemnify and hold harmless County from and against,
and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or
required under unemployment insurance, social security and income tax laws with respect to Grantee and Grantee's
employees engaged in performance of this Agreement. County and its agents and employees shall not be, or be
held, liable for any liabilities, penalties, or forfeitures, or for any damage to the goods, properties, or effects of
Grantee.
15. Indenendent Capacity. In the performance of this Agreement, Grantee and its agents, employees and volunteers
shall actin 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. County shall not be liable for, and Grantee shall defend and indemnify County and its
officers; agents, employees and volunteers (collective, "County Parties")'against any and all claims, deductibles,
self -insured retentions, 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 funds
and/or Grantee's use of County funds under this Agreement arising either directly or indirectly form any act, error,
omission or negligence of Grantee or its officers, employees, agents, contractors, licensees or servants, including
without limitation, Claims caused by 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 negligence 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 othecrepresentations, oral or written, are superseded 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.ttiat party's right to subsequently enforce this. or any other term, covenant or condition of
this Agreement. No waiver shall be deemed effective unless the waiveris 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. Prevailine Wage. Unless exempted by applicable law (e.g., Labor Code § 1720.4), projects using over S1,000 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 prevailing wage purposes. It is not the intent of this Agreement to impose an
obligation to pay prevailing wages on work otherwise exempt from the State's prevailing"wage laws. Grantee
shall be solely responsible for ensuring prevailing wages are paid when owed.
Projects subject to the payment of 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
obtainedfrom 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. 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.
WHEREFORE, the parties execute this Agreement on the date first written above.
COUNTY OF SAN DIEGO
FATIIg(A BARREDO
By: Manager, Office of Finandal Planning
Deputy Chief Administrative Officer/Chief
Financial Officer
or Designated Representative
for
Brian M. Hagerty, Director
Office of Financial Planning
GRANTEE
By:
onzed signatory
%Q+AO SMAJ BT O� cATY A G E,Ph
Date d`3`ze
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.]
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COUNTY OF SAN DIEGO
BOARD OF SUPERVISORS
TUESDAY, AUGUST 04, 2020
MINUTE ORDER NO. 12
SUBJECT: COMMUNITY ENHANCEMENT PROGRAM GRANTS (DISTRICT: 1)
OVERVIEW
The Community Enhancement Program provides grant funds to cultural activities, job creation,
museums, visitor and convention bureaus, economic development councils, other similar
institutions/organizations, including County programs and projects, which promote and generate
tourism, economic development and/or a better quality of life both at the regional and community levels
throughout San Diego County.
RECOMMENDATION(S)
CHAIRMAN GREG COX
1. Award Community Enhancement Program grants to organizations in amounts and for the purposes
identified in the Schedule of Proposed Grant Recipients attached hereto as Attachment A.
2.
Waive Board Policy B-58, as indicated in Attachment B with respect to the County's contribution
not exceeding fifty percent (50%) of the recipient's fiscal year operating budget.
3. Find that the grant awards described in Attachment A each have a public purpose.
4. Authorize the Deputy Chief Administrative Officer/Chief Financial Officer to execute grant
agreements with the organizations awarded Conununity Enhancement Program funds, to establish
terms for receipt of the funds and make minor amendments to the agreements that are consistent
with the general purpose of the grants but do not increase the grants.
5. Find that the proposed allocations identified in Attachment A that are proposed to support
community events or programs such as fairs, museum exhibits, concerts, fireworks displays, or
parades are exempt from review under the California Environmental Quality Act (CEQA) by
Sections 15301 and 15323 of the CEQA Guidelines.
FISCAL IMPACT
The fiscal impact of these recommendations is $555,000. Funds for these requests are included in the
Fiscal Year 2020-21 preliminary operating budget for the Community Enhancement Program (Org
12900). The funding source is Transient Occupancy Tax Revenue. These actions will result in the
addition of no staff years and no additional costs.
BUSINESS IMPACT STATEMENT
N/A
ACTION:
ON MOTION of Supervisor Jacob, seconded by Supervisor Gaspar, the Board of Supervisors took
action as recommended, on Consent.
AYES: Cox, Jacob, Gaspar, Fletcher, Desmond
AUGUST 04, 2020 1
State of California)
County of San Diego) §
I hereby certify that the foregoing is a full, true and `correct copy of the Original entered in the Minutes
of the Board of Supervisors.
ANDREW POTTER
Clerk of the Board of Supervisors
Signed
by Marvice Mazyck, Chief Deputy
AUGUST 04, 2020 2
RESOLUTION NO. 2020 -185
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
1) ACCEPTING THE COUNTY OF SAN DIEGO'S FISCAL YEAR 2021 COMMUNITY
ENHANCEMENT PROGRAM GRANT FUNDS OF $5,000 FOR THE SPECIAL EVENT "A
KIMBALL HOLIDAY", WITH. NO MATCHING FUNDS. REQUIRED; 2) AU.THORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL
CITY AND THE COUNTY OF SAN. DIEGO TO RECEIVE GRANT FUNDS; AND.3).
AUTHORIZING THE ESTABLISHMENT OF A REIMBURSABLE GRANTS CITYWIDE
FUND APPROPRIATION OF $5,000 AND CORRESPONDING REVENUE BUDGET
WHEREAS, in January 2020, the Community Services staff applied for the County of
San Diego's Community Enhancement Program Grant to support National City's annual special
event "A Kimball Holiday"; and
WHEREAS, the goal of the Community Enhancement Program, which is funded by a
set percent of Transient Occupancy Tax revenues, is to stimulate tourism, promote the
economy, create Jobs, and provide a better quality of life for the community; and
WHEREAS, in July 2020, the County asked applicants to reconsider the grant
submittals and make adjustments due to COVID-19 pandemic restrictions; and
WHEREAS, City staff resubmitted their grant with a new pandemic friendly "A Kimball
Holiday" event, which includes a Santa Cruise and Drive-in Movie.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City
hereby accepts the County of San Diego's Community Enhancement Program grant funds In the
amount of $5,000 for the City's special event "A Kimball Holiday", with no matching funds required.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager
to execute an Agreement between the City of National City and the County of San Diego to
receive the Fiscal Year 2020 Community Enhancement Program grant funds.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment
of a Reimbursable Grants Citywide Fund appropriation in the amount of $5,000 and a
corresponding revenue budget.
PASSED and ADOPTED this 6th day of October 2020
r
J,44
Alejandr- `Sotelo-o is, yor
ATTEST:
Michael R. Dalla,
ty Clerk
APPROVED A TO FORM:
i
P. Morris -Jones, 'ty-Atte
Passed and adopted by the Council of the City of National City, California, on October
6, 2020 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
BY:
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
Deputy
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2020-185 of the City of National City, California, passed and
adopted by the Council of said City on October 6, 2020.
1.1
Cle of the City of N�,f
City tonal City, California
By:
Deputy