HomeMy WebLinkAboutCarlsbad Beach Fest Foundation; 2012-06-08;GRANT AGREEMENT
THIS AGREEMENT is made on the g"^ day of sJur\^ 2012,
("Commencement Date") by CARLSBAD BEACH PEST FOUNDATION a California
nonprofit corporation, hereinafter referred to as "Grantee," and the CITY OF
CARLSBAD, a municipal corporation, hereinafter referred to as "Gity."
1. Description , as Grantor, agrees to provide Grantee with an amount of
money ("Grant") not to exceed nine thousand one hundred eighteen dollars ($9,118.00);
and to provide in-kind city services valued ("Services"), at no more than eight hundred
eighty two dollars ($882.00) as further described in Attachment 1 hereto incorporated
herein by this reference. The purpose of the Grant and Services is to provide funds and
assistance to Grantee for the 5*^ Annual Carlsbad Beach Fest event to be held on June
9, 2012.
Grantee shall submit to City documentation to verify that expenditure of Grant funds is
consistent with this Agreement.
2. Use of Grant Proceeds. Grant proceeds shall be used solely for
operating costs associated with the Carlsbad Beach Fest Foundation's event to be held
on June 9, 2012. Operattng Costs could include, but are not limited to, such things as
marketing, neighborhood notification, and equipment rental associated with holding the
event. The Grant proceeds shall not be used for property acquisition or construction
costs, or on any publication containing political advertisements or advocacy for a
particular ballot measure or political candidate. The City reserves the right to deny
reimbursement of Grant proceeds for inappropriate expenditures in violation of this
Agreement.
3. Reimbursements. The proceeds of the Grant shall be disbursed to the
Grantee in one installment and on a reimbursement basis only. Funds to be released
upon receipt of a written request from the Grantee.
4. Term. The term of this Agreement shall mean the period cornmencing on
May 24, 2012 and expiring on July 24, 2012. The term of this Agreement may be
extended by mutual written agreement of the parties, if determined necessary and
appropriate, and as agreed to by both the City and Grantee.
5. Conditions of Funding and Disbursement. The City shall have no
obligation to provide the Grant proceeds or to make any subsequent disbursement of
grant proceeds, but may seek reimbursement of Grant proceeds, if any of the following
conditions are not sattsfied:
(a) Grantee shall have executed this Grant Agreement, and all other documents
and security instruments required hereunder or reasonably necessary to effectuate the
purposes hereof; and,
(b) Grantee shall have strictly complied with, and performed under this Grant
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Agreement, and any other agreement executed in connection with the Grant; and,
(c) Grantee shall have obtained all necessary special event approvals from the
City; and,
(d) Grantee shall not expend any grant funds on publications containing polittcal
advertisements or advocacy for a particular ballot measure or political candidate; and;
6. Accounting, Auditing and Reporting. If requested, the Grantee shall
permit the City to inspect Grantees' accounting records upon 48 hours of notice to
Grantee and during normal business hours, to verify use of the Grant proceeds and to
conduct an audit of the accounting records and expenditures, if the City deems that
necessary. Original records (receipts) must be maintained for two years and made
available to the City should they request to audit them.
7. 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.
8. Notices. Notices related to this Agreement shall be sent certified mail, return
receipt requested or by express delivery service or personal delivery, each with a
delivery receipt. Delivery shall be deemed effective as of the date shown on the delivery
receipt or the date delivery was refused, or the nottce was returned as undeliverable in
those events.
The names and addresses of the persons who are authorized to give written notices or
to receive written notice on behalf of City and on behalf of Grantee under this
Agreement are as follows:.
Grantee:
Carlsbad Beach Fest Foundation
Attn: Tamara Urie
336 Pine Avenue, B11
Carlsbad, CA 92008
CM
City of Carlsbad
Housing & Neighborhood Services Director
2965 Roosevelt Street, Ste. B
Carlsbad CA 92008
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The parties may subsequently provide written notice of a change of address in
accordance with this Section.
10. 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 or in-kind services to or for the Carlsbad Beach Fest Foundation's 5*^
Annual Carlsbad Beach Fest.
11. No Partnership or Joint Venture. The relationship between City and
Grantee is solely that of Grantor and Grantee. Under no circumstances shall Grantor
and Grantee be deemed to be partners or involved in a joint venture.
12. Modifications. This Agreement may not be modified or amended except
by written document executed by a duly authorized officer of City and Grantee.
13. 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.
14 Severability. In the event that any provision or clause of this Agreement
confiicts 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.
15. 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 ofGrantee. 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.
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16. Signing Authority. The representafive for each'Party signing on behalf of
a corpofation, partnership, joint venture 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 does not exist.
IN WITNESS WHEREOF the parties hereto have caused this agreement to be
executed as of the day and year flrst written above.
CARLSBAD BEACH FEST FOUNDATION, CITY OF CARLSBAD, a municipal
California Non-profit Corporation corporation of the State of California
'By:. ^d^^t...^^^-^^-^ Bv: ^\^J^
Tamara Urie -jS^ltyManiag^^
President, Executive Director '
(e-mail address) ^
ATTEST:
LORRAINE M. WOOD
^Bv: ^^l<nhuJ^^c ' City Clerk ,^^^»:^"'/,
Xsign'here) ' /^^^^.^o'^^
(print name/title) C7
(e-mail address)'
If required by City, proper notary acknowledgment of execution by contractor must be
attached. If a Corporation. Agreement must be signed by one corporate officer from
each of the following two groups.
*Group A. **Group B.
Chairman, Secretary,
President, or Assistant Secretary,
Vice-President CFO or Assistant Treasurer
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Otherwise, the corporation must attach a resolution certifled by the secretary or
assistant secretary under corporate seal empowering the officer(s) signing to bind the
corporation.
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
By:
sistant City Attorney
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Exhibit 1
Carlsbad Beach Fest Foundation, 5*^ Annual Carlsbad Beach Fest
In-Kind and External Cost Analysis
> In-Kind Services Costs (required elements for this special event)
Service 2012 provider 2012 estimates
On-site personnel Parks & Recreation $882.00
TOTAL COST $882.00
Direct Cast Assistance
TOTAL Special Event Grant
... $9,118.00
$10,000.00*
*Reimbursement not to exceed approved total