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HomeMy WebLinkAbout2021 CON County of San Diego Grant - Community Enhancement ProgramCountv office use only P — 101836 :) —12 900 E 53666 T — o0 1 A — 100 l 22. Supplier # — 1 1 1 4i)69 COMMUNITY ENHANCEMENT PROGRAM GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO A ' D City of National City. Li This Grant Agreement is entered into between the County of San Diego, a political subdivision ot'the State of California County), and City of National City, a Non -Profit Corporation (Grantee) on 1 1 / 1 /? 021 with an effective date of 10/05/ 0? 1. WI1EREAS 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-5 , 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; and WHEREAS, EA , on 10/ 5/ ? 1 (23), the Board of StSupervisors allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, THEREFORE, the parties agree as follows: I Amount of Grant. The County agrees to lay 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 Grain. Grantee shall use the grant funds provided by County under this Agreement solely for the following purpose: to support A Kimball Holiday and Covid-19 Safety Protocol expenses. Term of Agreement. The term of this Agreement shall be for 13 months starting on the effective date as specified above. Time Period for Use of Grant Funds and Documentation of Ex enditur•es. (a) Grantee shall spend all grant funds provided by the County for the purposes ses 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 parities, 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. (d) 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. If the County's administrator: determines that the Grantee failed to spend all of the grant hinds 1 (ii) disallows any expenditure by Grantee; iii determines that the grant funds provided exceed Grantee's total actual expenditures authorized under this Agreement; or i grant funds were used in a manner contrary to Paragraphs 2 or Grantee shall refund to the County the amount specified by the ounty's administrator. Grantee shall make this refund within 7 County business days after receiving a written request for refund frorn 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 drninistrator 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. refunnd, Grantee shall refund to the County the amount specified by the ounty'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 l 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 ounty's administrator. . 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 ofthis 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- , g Grantee's failure to comply with any provision in Paragraph 5 shall constitute a material breach of this Agreement. 6. Administrator of Al reem nt, The Office of Financial Planning in the Chic` Financial officer's Office shall administer this Agreement on behalf of the County, and Elyana Delgado at 61 33 - 43 2 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. '. Notice. ,All communications from Grantee to the County shall be sent to the Chief Financial Officer a listed below, Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement inay 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 2 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 nail 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 for a period of not less than 4 years following receipt 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 sane rights conferred upon County by this Agreement. . Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement{ the County my 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 ofthe notice ofdefault. If Grantee fails to cure the default within that time, the County niay 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 ofthe grant as of the effective date of termination. ination. 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 ofthe effective date of termination, The County inay 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 nay terminate this Agreement at any time 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 ofthe grant, as determined by County's adiministrator, as ofthe effective date of termination. 3 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 tanner or degree with Grantee's completing the purpose ofthe 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. Prublication, Re 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 ofwhatsoever kind or nature for the damage to property or for bodily injury, including death, made by anyone whomsoever which may arise from operations carried 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. Independent Capacity. In the perlbrn once ofthis 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 uortunity. 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; layoffor 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 ofor 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. 1. Governing Law. This Agreement shall be construed and interpreted according to the laws ofthe State of California. 19. compIete 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 by this Agreement. Neither party is relying on any representation outside ofthis Agreement. This Agreement may be changed only by written amendment signed by both parties. 20. Waiver. The failure of either patty to enforce any term, covenant or condition ofthis Agreement shall not be construed as a waiver of that 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 waiver is expressly stated in writing and signed by the panty waiving the right or benefit. 21. Consultation with Courisel. 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 olthis Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 23. ft orporation Qualified to Do Business in California. I Grantee is a corporation. Grantee ‘‘arrants that it is a corporation in good standing and is currently authorized to do business in C alifornia. 24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified herein. all terms and conWLioii ulsthis Agreelitent shall sun 1 e the expiration of the Term of Agreement specified in Paragraph 3 above. 25. Remedies. Unless °them ise express1) pror ided hereinthe 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 °lone right or remedN, shall not be deemed a waiver of any other right or remedy. 26. PrevailinOVage. Unless exempted by applicable law (e.g.. Labor Code J72�4). projects using over S1.000 or grant funds for construction. alteration. demolition. installation, repair. refuse and ready mix concrete hauling. maintenance workor any other \\ork IbrNvhich prevailing wages must be paid by Labor Code § 1720 et seq. shall be deemed a -public ‘vork- for prevailing \ age 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 ofprevailinE,r 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 ww .dir.ca.go\ . 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 WI IEREFORE. the parties execute this Agreement on the date first written above. COUNTY OF SAN DIEGO 1 --6harissa Japta By: Monoger, Office of Financial Pia nnins Deputy Chief Administrati\ e Officer/Chief Financial Officer or Designated Representative Fatima Barredo. Director Office of Financial Planning GRAN FEE \tith rued st,itator Alel;teb"At By: Print name and dd. Date stir 21a2 [Note: Person signing on behalfof Grantee must be authorized by Grantee's Board or Directors to sign this Agreement and must be same person Grantee listed in its funding application as being authorized to sign.] THIS PAGE LEFT BLANK TNTENTIONALY