HomeMy WebLinkAboutLa Costa Canyon High School Foundation Inc; 2024-08-01; PSALCA-24053CA1
PSALCA-24053CA
FISCAL YEAR 2024-25 GRANT AGREEMENT FOR
La Costa Canyon High School Foundation, Inc.
This agreement is made on the ____ day of ____________, 2024, by La Costa Canyon High School
Foundation, Inc. (ORGANIZATION), hereinafter referred to as “Grantee,” and 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 Fiscal Year 2024-25 Community Arts
Grants Program in an amount not to exceed two thousand eight hundred dollars ($2,800.00) (“Grant”).
The purpose of the Grant is to provide funds to Grantee for the project outlined in the Agreement Scope
(“Agreement Scope”).
Project Title: Band-o-rama, a band community event
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 execution date of this Agreement
and expiring on Sept. 3, 2025. 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. In accordance with the Agreement Scope and the Fiscal Year 2024-25 Community Arts Grants
Guidelines, all grant funds are eligible to be used from Sept. 3, 2024 through Sept. 3, 2025. Any
extension of fund use must be requested in writing at least 30 days prior to the end of the
Agreement or sooner to allow time for written amendment and approval in writing by City.
Extension of Community Arts Grants 2024-25 funds may render that organization ineligible to
apply for or receive additional funds as part of the subsequent Community Arts Grants
Fiscal Year 2025-26 cycle.
c. 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.
d. Eligible and ineligible costs include, but are not limited to, items detailed in the Fiscal Year
2024-25 Community Arts Grants 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 shall 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, as specified in the Fiscal Year
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2024-25 Community Arts Grants Guidelines.
c. Grantee shall complete all work in accordance with Agreement Scope, 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.
d. 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.
e. Before Grantee makes any material changes to the Agreement Scope, Grantee will inform City
Staff in writing within ten (10) working days of the decision to implement said change. City may
request documentation to support the change, and Grantee agrees to submit to the City, in
writing, the proposal requesting modifications to the Agreement Scope. Grantee shall make no
material changes to the Agreement Scope unless and until City formally approves the Grantee’s
request in writing.
f. Grantee shall acknowledge the City’s Scope of Grant consistent with the Fiscal Year 2024-25
Community Arts Grants Guidelines, attached hereto as Exhibit “A.”
g. 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.
h. 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. EVENT/PROGRAM PROMOTIONAL OPPORTUNITIES.
Grantee has the option to supply event and/or program information including the date, location, time,
admission, parking and related details for inclusion in Cultural Arts’ communications such as e-newsletter,
emails and website. At its discretion, the Cultural Arts Office will provide support in distributing the
information through the city’s established channels of communication. If grantee wishes to participate,
the grantee needs to submit the information to the Cultural Arts Office at least sixty (60) days prior to the
event or program.
Please initial box to opt-in to promotional opportunities
5. RETURN OF GRANT FUNDS.
If City determines that Grantee has failed to comply with the terms and conditions of this Grant
Agreement without prior written approval by the City, then, 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. However, if, due to a local health order, Grantee is unable to
complete all events or requirements of the Scope of Grant, Grantee may be required to return up to the
full amount of the award or a prorated amount based on the percentage of the work completed.
6. 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 Fiscal Year 2024-25 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, Oct. 3, 2025, whichever is
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earlier.
c. Noncompliance: 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.
7. 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 Library & Cultural Arts Director or designee.
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.
8. 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.
9. 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.
b. Any changes, whether planned or unanticipated, to funded projects due to a local health order
(including, but not limited to, state or local health orders and social distancing measures) must
be submitted to City at least seven (7) calendar days before implementation of the change.
Proposed modifications will be reviewed on a case-by-case basis, and the City's Cultural Arts
Manager or designee will notify Grantee in writing whether the proposed changes are approved.
Any project changes must continue to adhere to the City’s Fiscal Year 2024-25 Community Arts
Grants Guidelines as defined in Exhibit “A.”
10. 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 thirty (30) 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
Grantee’s budget: income, expenses, or line-item designations, 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 Oct. 3, 2025.
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11. COVENANT AGAINST DISCRIMINATION.
Grantee will comply with all applicable local, state, and federal laws and regulations prohibiting
discrimination and harassment. 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 or other protected
classification.
12. 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: For City:
La Costa Canyon High School Foundation, Inc. City of Carlsbad
Attn: Beth Crowder Library & Cultural Arts Director Suzanne Smithson
1 Maverick Way 1775 Dove Lane
Carlsbad, CA 92009 Carlsbad, CA 92011
Email: grants@lcchsfoundation.org suzanne.smithson@carlsbadca.gov
13. INDEMNIFICATION.
Grantee hereby agrees to defend, indemnify, and hold free and harmless the City, its officers, officials,
employees and volunteers from and 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.
14. 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.
15. MODIFICATIONS.
This Agreement may not be modified or amended except by written document duly executed by an
authorized representative of both the City and the Grantee.
16. 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.
17. 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.
18. DRAFTING AMBIGUITIES.
Grantee understands and 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 to seek advice of counsel is
the sole responsibility of Grantee. The Parties negotiated this Agreement with the opportunity to receive
the aid of counsel and, accordingly, intend this Agreement to be construed fairly, according to its terms,
in plain English, without constructive presumptions against the drafting Party.
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1. SIGNING AUTHORITY.
The representative for each Party signing on behalf of a corporation, 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.
GRANTEE CITY OF CARLSBAD, a municipal corporation of
the State of California
*By: By:
(1st signature here) SUZANNE SMITHSON
Library & Cultural Arts Director
As authorized by the City Manager
RJ SMITH, President
(Print name/Title)
president@lcchsfoundation.org
(Email address)
ATTEST:
(Date)
**By:
(2nd signature here)
For SHERRY FREISINGER
City Clerk
DAVID MOTT, Chief Financial Officer
(Print name/Title)
treasurer@lcchsfoundation.org
(Email address)
(Date)
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
Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under
corporate seal empowering the officer(s) signing to bind the corporation.
APPROVED AS TO FORM:
For CINDIE K. McMAHON, City Attorney
By: ____________________________
Deputy City Attorney
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EXHIBIT “A”
SCOPE OF GRANT
Arts Commission met and approved the grant awards on May 2, 2024, indicating funding is in accordance
Final 2024-25 Funding Plan.
Grant Support Documents
Required
x Fiscal Year 2024-25 Community Arts Grants Guidelines
x Completed Community Arts Grants 2024-25 Application
Optional, As Needed
x Community Arts Grants 2024-25 – Project Budget Information
x Community Arts Grants 2024-25 – Revised Project Form
x Community Arts Grants 2024-25 – Revised Project Budget Information