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HomeMy WebLinkAboutBeacons Inc; 2019-08-02;2019 GRANT AGREEMENT FOR Beacons, Inc. This agreement, is made on the h,.\I\Q.. day of ~U..~lA.~t' , 2o_fi_, by Beacons, Inc. (ORGANIZATION), hereinafter referred to as "Grantee," nd the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as "City" (the "Agreement.") City, as Grantor, agrees to provide Grantee the Grant funds awarded to Grantee during the 2019 Community Arts Grants Program in an amount not to exceed five hundred dollars ($500) ("Grant.") The purpose of the Grant is to provide funds to Grantee for the project outlined in the Agreement Scope ("Agreement Scope"). Project Title: 3D Art The grant provided herein is comprised of public funds. Therefore, to ensure that the public funds are used for a public purpose, in accordance with the law, the City and Grantee hereby agree to the following terms. TERMS AND CONDITIONS OF GRANT 1. TERM. The term of this Agreement shall mean the period commencing on the effective date of this Agreement and expiring on January 31, 2020. The term of this Agreement may be extended by mutual written agreement of the parties. The parties will prepare a written amendment indicating the effective date and length of extended Agreement. 2. USE OF COMMUNITY ARTS GRANTS PROCEEDS. a. Grant funds are to be disbursed as outlined in this Agreement in consideration of and on condition that the sum be expended in carrying out the purpose as set forth in the Agreement Scope and under the terms and conditions set forth in this Agreement. Grantee agrees to assume any obligation to furnish any additional funds that may be necessary to complete the Agreement Scope. b. All costs accrued for services and/or supplies prior to the execution of Agreement are not eligible for funding or reimbursement through the use of Grant proceeds. c. Eligible and ineligible costs include, but are not limited to, items detailed in the Community Arts Grants 2019 Guidelines, in the section titled Eligible and Ineligible Costs, attached hereto as Exhibit A. 3. CONDITIONS OF FUNDING AND DISBURSEMENT. City shall have no obligation to provide the Grant proceeds or to make any subsequent disbursement of Grant proceeds, and may seek reimbursement of Grant proceeds, if any of the following requirements are not fully satisfied: a. Grantee agrees to use grant funds to implement the Agreement Scope, including using the Grant funds to only cover expenditures for programs and services incurred during the Agreement Scope dates and under the terms and conditions of this Grant Agreement. b. Grantee shall certify that the Agreement Scope is within Carlsbad city limits or that the Grantee's main address is within Carlsbad city limits. c. Grantee shall complete all work in accordance with Agreement Scope, d. As reasonably soon as possible, but in no case later than thirty {30) calendar days, Grantee shall notify the City of events or proposed changes that could affect the Agreement Scope. e. The Grantee shall be responsible for the performance of the work, as set forth herein, and for the preparation of reports required by this Agreement. f. Before Grantee makes any material changes to the Agreement Scope, Grantee agrees to submit to the City, in writing, a proposal requesting changes to the Agreement Scope. 1 Grantee shall make no material changes to the Agreement Scope unless and until City formally approves the Grantee's request in writing. g. Grantee agrees to acknowledge the City's Grant consistent with the 2019 Community Arts Grants Guidelines, attached hereto as Exhibit A. h. Grantee shall provide full and timely information to the City to update staff on programs and include naming the City in any publications and/or social media, whether in digital or print format, as opportunities arise. i. Grantee shall retain all records and supporting documentation, including expenditure receipts, applicable to the Agreement Scope and this Agreement for a period of three (3) years, and make all records and supporting documentation readily available, upon request, for inspection and/or audit by representatives of the City. 4. RETURN OF GRANT FUNDS. Any determination, by the City, of noncompliance with activities and expenditures outlined in the Agreement Scope without prior notice and express approval by the City, upon demand by the City, Grantee agrees to return to the City the amount requested by the City, up to and including an amount equivalent to the full Grant award. Failure of the Grantee to comply with the terms of this Agreement shall not be the cause for return of Grant funds if, in the judgement of the City, such failure was due to no fault of the Grantee. In such case, any amount required to settle, at minimum cost, any irrevocable obligations properly incurred shall be eligible to be paid by Grant funds. 5. REQUIRED REPORTS. Failure to complete the following reports may render the recipient ineligible to receive the full and final payment of the Grant award. a. Submit a Revised Project Form, as required per the 2019 Community Arts Grants Guidelines, attached hereto as Exhibit A, within thirty {30) days of Grant award notification. b. Submit a Final Report including all required attachments by completing the designated form to the City (30) calendar days after the Agreement Scope end date or, January 31, 2020, whichever is earlier. Grantees in noncompliance with the above reporting requirements agree to return some or all of the initial Grant payment if requested by the City. Additionally, if Grantee is found to be in noncompliance, Grantee agrees that for the year immediately following a determination of noncompliance, Grantee shall be ineligible to receive any new grants from the City. 6. DISBURSEMENT OF GRANT FUNDS. The Grant amount to be provided to the grantee, under this Agreement, may be disbursed as follows: a. First payment of 80 percent of Grant will be disbursed upon approval of Revised Project Form as applicable, and receipt of fully executed contract. b. Final payment of 20 percent of Grant will be disbursed upon receipt of Final Report and approval by City staff. c. Any payment of a Grant amount in excess of the final Project costs shall be returned to the City within sixty (60) days of completion of the Agreement Scope or the Project end date, whichever is earliest. 7. PROJECT CANCELLATION. a. If a Grantee wishes to cancel a Project at any time, Grantee shall notify the City in writing within fifteen (15) calendar days of the decision to cancel and Grantee, at the time it provides the City with notice of cancellation, shall return all Grant funds to the City. b. In the event an approved Agreement Scope cannot be completed for any reason, and if Grant funds were disbursed to Grantee, Grantee agrees to return all Grant funds to the City forthwith. 2 8. PROJECT MODIFICATION OR TERMINATION. a. Grantee may unilaterally rescind this Agreement at any time prior to the commencement of the Project, or prior to first disbursement of funds. After Project commencement, as outlined in the Agreement Scope, or disbursement of Grant funds, this Agreement may be rescinded, modified or amended only by mutual agreement, in writing, of both the City and Grantee. 9. LOSS OF GRANT. At the discretion of the City, the following actions may result in a loss of all or in part of any Grant amount allocated to the Grantee: a. A Grantee fails to enter into a signed Agreement with the City within sixty (60) calendar days of receipt of the Agreement. b. Activities associated with Grantee occur that do not align with activities described in the Agreement Scope, including, but not limited to, reduction in services, significant alteration of Agreement Scope elements, such as performers, artists or attendees, or significant changes in budget income, expenses or line item designations from Grantee's budget, included in the Agreement Scope. c. A Grantee withdraws or terminates the Agreement Scope. d. A Grantee fails to complete the Agreement Scope and/or fails to submit all required reports and/or documentation before January 31, 2020. 10. COVENANT AGAINST DISCRIMINATION. Grantee agrees that neither it nor its agents shall discriminate against any clients, prospective clients, employees, prospective employees, contractors, or prospective contractors on the basis of race, color, religion, sex, national origin, age, disability or familial status. 11. NOTICES. a. The names and addresses of the persons who are authorized to give written notices to receive written notice on behalf of City and on behalf of Grantee under this Agreement. b. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. For Grantee: Beacons, Inc. Attn: Janet Schenker 6150 Yarrow Drive, Suite E Carlsbad, CA 92011 Email: JSchenker@BeaconsNorthCounty.com 3 For City: Library & Cultural Arts Director 1775 Dove Lane Carlsbad, CA 92011 \\\ \\\ \\\ \\\ \\\ \\\ \\\ 12. INDEMNIFICATION. Grantee hereby agrees to defend, indemnify, and hold free and harmless the City, its officers and employees, against any and all claims, damages, losses, costs (including but not limited to attorney's fees) and liabilities of any kind arising directly or indirectly out of, or related in any way whatsoever to the provision of Grant proceeds. 13. NO PARTNERSHIP OR JOINT VENTURE. The relationship between City and Grantee is solely that of Grantor and Grantee. Under no circumstances shall City and Grantee be deemed to be partners or involved in a joint venture. 14. MODIFICATIONS. This Agreement may not be modified or amended except by written document executed by a duly authorized representative of both the City and the Grantee. 15. GOVERNING LAW. This Agreement shall be construed in accordance with and be governed by the laws of the State of California. Venue, in the event of a dispute, shall be in the North San Diego County Superior Court. 16. SEVERABILITY. In the event that any provision or clause of this Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Agreement, which can be given effect without the conflicting provision. To this end, the provisions of this Agreement are declared to be severable. 17. DRAFTING AMBIGUITIES. Grantee understands that it is aware that it has the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of Grantee. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which either Party participated in the drafting of this Agreement 4 7/22/2019 IMG _ 0840.jpg 18 SIGNING AUTHORITY. The repri>wntal1ve for C'ach Party signing on behalf of a corporation, partnership, Joint v<'nturc or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, Joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority doec, not exist. GRANTEE ••v•;fLM:_Q/1 f .. ~ (l"sign~~~ Lucile Lynch, Pr~5.id_e_n_t __ _ ( Print name/Title) Llynch@ BeaconsNorthCou rity.com (fmail address) 1 l t~ \~t------Date) ••Ry: A. t1 ~t ~/. ti 'VU?iL ~ ( d signature here) ~1ef_4cl1t't1 tz0 -Lv&s ~ Wv (Print name/Title) CITY OF CARLSBAD, a municipal corporation of the s .. ~~. ~ orf ~ Caa11i11foornrn1iaan, By: ~I~~ HEATHER PIZZUTO t:;/ Library & Cultural Arts Director ATTt.ST: fJ/4 jk Q, 0-~ v- BARBARA ENGLESON City Clerk ~1Jet1tg_r@BtJ&oJ11s11ort-/'1(0l1t4iJ.co~ ' (Email address) -Z IL2i2d2E-_ -·· (Date) If required by City, proper notary acknowledgment of executt011 by cortractor mu'>t be attached ~ CorpOf3\ion, Agn~ement must tw 5\17,1\ed 1.::1'1 one CO(?Q("'te oH\ce( from edch of the following two grnup~. •Group A. ••Group B. Chairman, President, or Vice-President Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation !TIUSt attach a resolution cert1f1ed by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation APPROVED AS TO FORM: Assistant City A torncy W3,(ccz .. Date 5 https://mail.google. com/mail/u/ 1 /#inbox/FMfcgxwChm T rmSZJpHKTNHdcMRSTLXnF?projector= 1 &messagePartld=O. 1 1/1 EXHIBIT "A" SCOPE OF GRANT Itemized list of what Grantee will complete to satisfy grant funding. Items which may be included in this section: 1. Required -Completed Community Arts Grants 2019 Application 2. Optional, as needed -Community Arts Grants 2019 -Project Budget Information 3. Optional, as needed -Community Arts Grants 2019 -Revised Project Form 4. Optional, as needed -Community Arts Grants 2019 -Revised Project Budget Information 5. Required -Community Arts Grants Guidelines 2019 6 CAG 2019 Special Opportunities APPLICATION Reference# Status Login Usemame Login Email What kind of organization is applying for the grant? Are you a first time applicant to any City of Carlsbad Cultural Arts Office grant program? Fiscal Agency Organization Name Street Address City State Zip Code First Name Last Name Title Phone Number Email Address Applying Organization, Group or Artist Name Street Address City State Zip Code Organization Website 10235318 Complete Beacons Pathfinder llynch@BeaconsNorthCounty.com Individual Artist or Group with Fiscal Agent Yes Beacons, Inc. 6150 Yarrow Drive, Suite E Carlsbad California 92011 Janet Schenker Treasurer 760-448-6230 JSchenker@BeaconsNorthCounty.com Beacons, Inc. 6150 Yarrow Drive, Suite E Carlsbad California 92011 www.BeaconsNorthCounty.com Organization Mission Statement First Name Last Name Title Phone Number Email Address Have you applied and received any other City of Carlsbad funding for projects taking place within the 2019 calendar year? Have you received any funding from the City of Carlsbad in the past (2018 or prior)? Project Name Project Summary To empower adults with intellectual and developmental disabilities to achieve their vision of success, with purpose and joy to the best of their ability through structured instructional workshops and activities that are progress monitored and adapted to improve access to instruction, enable life long skill exploration and bridge gaps to the workforce and community. Lucile Lynch President 760-522-3601 LLynch@BeaconsNorthCounty.com No No 30 Art Beacons will offer structured summer fine arts workshops for those with intellectual disabilities to develop their interest and talent as well as potential for self-employment. Up to 20 individuals will attend the workshops. We will have alternative methods of drawing and making crafts for those who need or want them. This is a unique and essential aspect of our teaching for those with physical and/or intellectual disabilities. 30 art class will highlight marketplace driven crafts for possible sale. The grant will provide additional funding for tools and supplies. Please outline all dates of the project, including start and end dates, event dates, etc. Approximately 86% of individuals with developmental disabilities are unemployed in San Diego County. Beacons strives to find pathways to employment while participants explore and development their talents. Fine arts has a demonstrated record of opening opportunities for those with ID. Carlsbad Summer Program: 3D Art: July 29 -August 1, 10 am -Noon, M - Th (total of 8 hours) with final day art show for families and friends. Requested Funding Amount 500 Expected total number of participants and/or 20 audience attendance. What makes this project distinctive? What are the goals (outputs and/or outcomes) of the project? North County has very few structured and adapted learning opportunities for those with intellectual disabilities designed to create employment pathways and opportunities for self expression. Beacons strives to change that and provide access to opportunities to help develop and explore skills in the arts (and other potential vocational opportunities). Our instructional style showed an average of 178% improvement in skills and knowledge per our pilot launched in May. Our non-art related programming was made possible by a grant from the National Foundation for Autism Research. We are seeking a grant from Carlsbad so we can develop an art related option. 3D Arts -This hands-on exploratory 3D art workshop will introduce different "craft" type art projects using adapted methods and tools toward market driven pieces and based on design trends for purposes of potential sales in farmer's markets and other channels. Are there any partners participating in your No project? This would include non-staff artists, personnel or organizations other than the applicant who are an integral part of the project. Upload resumes/biographies for any personnel that are responsible for major aspects of the project (artists, choreographers, writers, filmmakers, etc.) Please download, complete and submit the Project Budget Form. Be sure to include the name of your organization in the title, and the file name. The Project Budget Form can be downloaded HERE, or on our website. Upload your IRS Letter of Determination (stating that your organization is a recognized non-profit). Signature of authorized representative from applying entity: Name and Title of Signatory Last Update Start Time Finish Time IP Browser OS Referrer Janet_S_Schenker_Arts_Resume_2019.pdf (157k) 3D_Art_Budget.xlsx (14k) IRS_Determltrp1 .jpg (281 k) Lucile Lynch, President, Beacons, Inc. 2019-07-09 19:48:21 2019-07-09 19:36:04 2019-07-09 19:48:20 75.80.43.176 Safari Mac https://fs9.formsite.com/res/formLoginReturn Applicant: BEACONS, INC. PR a, E 0 u C "C a, C ... ro UJ a, E 0 u C "C Q) C ... ro Q) C ::, OJECT INCOME Admissions Gifts/Merchandise/ Concessions Advertising Other Subtotal Earned Income Private Individual Public Support Applicant Cash CAG Request Amount Other Other Subtotal Unearned Income I $ $400 $0 $0 $0 $400 $ $0 $0 $0 $0 $500 $0 $0 $500 INCOME TOTALS ! $900 COMMUNITY ARTS GRANTS 2019 -PROJECT BUDGET INFORMATION PROJECTED -APPLICATION ACTUALS -FINAL REPORT Notes $ Notes 30 Art: 5 participants x $80= $400 Total: $400 Subtotal Earned Income $0 Notes $ Notes Amount requested through Community Arts Grants 2019 Amount received through Community Arts Grants 2019 Subtotal Unearned Income $0 $0 Applicant: BEACONS, INC. COMMUNITY ARTS GRANTS 2019 -PROJECT BUDGET INFORMATION PROJECTED -APPLICATION ACTUALS -FINAL REPORT PR OJECT EXPENSES Cash Notes Cash Notes Project Staff (non-artist) $160 Support staff per workshop: $20/hr x 8 hrs= $160 Project Artist(s) or Arts $200 Art Instructor for workshop: $25/hr x 8 hrs= $200 lnstructor(s) Educational Materials/Printing $0 printing/copying handouts and/or worksheets Costumes/Props $0 Sets $0 Supplies $220 30 ART: wood, clay, beads, adhesive/glue, fastenings, etc. ($220) Licensing/Royalties $0 Rentals (space and/or other) $320 Rental space: portion of rent calculated for time of use ($80/day x 4 days [8 half days]=$320 Transportation $0 Food & Beverage $0 Marketing/Promotion/ $0 brochures, flyers Publicity Fiscal Agency Fee $0 Other $0 Other $0 Other $0 EXPENSES TOTALS! $900 $0 Applicant: BEACONS, INC. COMMUNITY ARTS GRANTS 2019 -PROJECT BUDGET INFORMATION IN PROJECTED -APPLICATION -KIND SUPPORT Value Notes $0 $0 $0 $0 $0 $0 $0 $0 IN-KIND TOTALS l:::::I ===$=0====1 Budget Instructions: For application, fill out only green. For final report, fill in blue. You will only be able to fill out the cells highlighted in green or blue. The application project budget must balance. Total income must equal total expenses. Final Report may, Round all budget figures to the nearest whole dollar. Enter a '0' in any cells that you don't have an amount to add. ACTUALS -FINAL REPORT Value Notes $0 Please give detailed descriptions for each line item in the notes column. For example, if your total admissions is $1,000, enter "4 shows, 50 attendees, $5 each." Please insert your organization name in the top right header. ( City of Carlsbad Cultural Arts SPECIAL OPPORTUNITIES MINI-GRANTS COMMUNITY ARTS GRANTS 2019 WELCOME The City of Carlsbad Cultural Arts Office serves to encourage, develop and facilitate an enriched environment of artistic, creative and cultural activity in the City of Carlsbad and neighboring communities. As a component of many services and activities, the Cultural Arts Office manages funding programs to provide financial support to organizations, schools and individuals artists for various projects through a competitive application and review process. SPECIAL OPPORTUNITIES OVERVIEW Special Opportunities grants are micro-grants for arts projects or events that become available after the deadline for the regular Community Arts Grants 2019 cycle has passed. Special Opportunities grants have a funding limit of $500 per application. APPLICATION • Requests will be accepted on a rolling basis, with a minimum of 30 days but recommended at least 60 days before the program or project Is to begin • Applications will be accepted until grant funds are depleted • All payments will be made In two installments: 80% of award after application is approved, 20% after final report is submitted • Organizations may submit up to two Special Opportunities applications per cycle, but any and all grant awards will be made contingent on application approval and availability of funds • Special Opportunity grants may not be used for Capacity Building purposes • Digital application Is available online at www.carlsbadca.gov/arts ELIGIBILITY • All Applicants o All projects will fall Into three categories: Arts Organization, Projects through Fiscal Agent and Educational Institutions & Affiliated Groups o All projects must take place between Jan. 1 and Dec. 30, 2019 o Any partnership with an individual or organization must include a letter of agreement from partnering entity o Special Opportunity grants may not be used for any project currently utilizing funds from the City of Carlsbad, including current Community Arts Grants o Must be registered S0l(c)(3) nonprofit organizations 2/6/18 Page 1 of 3 o Any projects funded through Special Opportunity grants are strongly encouraged to have some aspect of public accessibility • Projects through Fiscal Agent o Organizations or individuals who wish to apply for funding but do not have not-for-profit status may apply through a fiscal agent o Fiscal agent will be responsible for receiving awarded funds and dispersing to the applicant with a service fee no more than 10% of the amount awarded to the applicant, if any o An organization who acts as a fiscal agent is still eligible to apply for Community Arts Grants for its own programs o Any individual artist receiving funding through a fiscal agent must be 18 years of age on or before Oct. 1, 2017 • Educational Institutions & Afflllated Groups o In-school projects must not be part of the regular curriculum, and any teaching artist(s) funded through the Community Arts Grants must not be a permanent hourly or salaried employee in the school district in which they will be leading activities to be funded by the Cultural Arts Office o Out-of-school or after-school programs may utilize teaching artists that may also be employed in the district AWARDEE RESPONSIBILITIES • All grantees must sign an Award Agreement prior to commencement of activities • All grantees must submit all required forms and signed Award Agreement within 30 days of award notification, or at least two weeks before commencement of activities, whichever comes first • All grantees must complete a Final Report within 30 days of program end date to receive the final payment of 20% of award. Excessively late submission of a final report may result in a reduction in the final payment. • Grant recipients are required to maintain accounts, records and evidence pertaining to costs Incurred and revenues acquired under the respective grant program. • Grant recipients must credit the Cultural Arts Office for its support of the project in printed, electronic and broadcast promotion of the funded projects • Grantees are required to keep the Cultural Arts Office Informed of all program dates and times • The Cultural Arts Office staff may monitor grant projects during the course of the grant cycle, including potential site visits. The reports of these visits will be included In grant application files and provide a basis for evaluation of future requests REVIEW & SCORING OF APPLICATIONS Submitted applications will be reviewed and scored by a panel comprised of City of Carlsbad staff and personnel SCORING RUBRIC • Scoring of applications will be on the following criteria and the goals of the Community Arts grants program. Each section is worth 10 points, with 30 total points possible. The provided examples are for information purposes only and are not meant to be exhaustive: o Quality of Program -artistic merit of programs, qualifications of artists o Community Impact -effective service to Identifiable community, level of community involvement o Management Capability-leadership strength, clarity and/or completeness of application, successful completion of past City of Carlsbad funded projects SPECIAL OPPORTUNITY GRANT POLICIES 2/6/18 Page 2 of3 • The City of Carlsbad reserves the right to limit the funding amount to any applicant based on funding limitations and goals of the program in a given year • Organizations or individuals who applied for the current Community Arts Grants 2019 cycle but were not awarded funds may reapply with the same or similar project(s) with a scope and focus appropriate to the Special Opportunities funding amount • Cultural Arts Office staff actively and continually review and evaluate all aspects of this program and processes • Changes occur throughout the funding calendar, and Cultural Arts Office staff will provide updates on changes as they are adopted • Any proposed significant change or amendments to approved projects after approval of original application must be submitted in writing to the Cultural Arts Office by the grantee for approval before any grant funds are used, and before any execution of altered activity. This includes, but is not limited to, changes in purpose, scope, services, intended timeline, personnel, location, date, activities or budget • The Cultural Arts Office reserves the right to review, cancel or reallocate funds to projects that have significantly altered or shifted from stated goals in the original approved application and/or revised project form. Any funds cancelled must be returned to the Cultural Arts Office within 30 days of notification • No two or more entities (organization or school/affiliated groups) may apply for funding for the same project • Due to limited funds, applicants may only be awarded one Special Opportunities grant for the 2019 cycle • Funds may not be used for fundraisers, scholarships or similar requests at discretion of the Cultural Arts Office HOW TO APPLY All applications must be submitted online. The application, as well as a PDF version for your Information and other grant Information, is available at www.carlsbadca.gov/arts. STAFF ASSISTANCE Cultural Arts Office staff are always available to assist applicants. Please contact Megan Gilby, Community Arts Coordinator, at 760-602-2081 or by emailing megan.gilby@carlsbadca.gov FAQS • What kinds of projects can be funded by Special Opportunities? o These are projects or events similar to those funded by the Community Arts Grants regular cycle. Funds can be used to support programs such as exhibitions, master class artist fees, performing arts production costs, arts program supplies or other arts project requests. • I already have a grant through the Cultural Arts Office. Can I apply for a Special Opportunities grant in the same year? o Grantees currently receiving Community Arts Grant funds, regardless of cycle year, are eligible to apply for Special Opportunities funding for a project not related in any way to the supported program through Cultural Arts Office funds. Clear distinctions between the two projects must be made clear and will be subject to clarifications and final approval by scoring panel. • How many grants will be funded through Special Opportunities grants? o Due to limited funding in the 2019 cycle year, we will award as many grants as possible until funds are depleted. 2/6/18 Page 3 of 3