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HomeMy WebLinkAboutS26 - CJE GrantAgenda Item No. S26 CITY OF NEWPORT BEACH Office of the City Manager TO: Mayor & Members of the City Council FROM: City Manager RE: WE Grant DATE: October 23, 2001 CJE has requested a grant to engage in lobbying and legislative activities over the next twelve months. The activities would be relevant to, and in furtherance of, City Council policies regarding the manner of serving Orange County's air transportation demand. The City Attorney has prepared a proposed grant agreement and a copy is attached to this memo. The proposed grant agreement calls for twelve (12) monthly payments of $25,000 beginning November 1, 2001, gives me the ability to accelerate payments, and expressly prohibits the use of grant funds for certain purposes RECOMMENDATION I am recommending the City Council authorize me to execute the grant agreement attached to this memo. Homer Bludau City Manager GRANT AGREEMENT CITIZENS FOR JOBS AND THE ECONOMY This Agreement, entered into this 23rd day of October, 2001 by and between the City of Newport Beach, a charter city (City) and Citizens for Jobs and the Economy, a non - profit corporation, (Grantee) is made with reference to the following: WHEREAS, the City is charter city committed to preserving the health, welfare and safety of its citizens; and WHEREAS, Grantee is a California non - profit public corporation exempt from federal taxation pursuant to Section 501(c)(3) of the Internal Revenue Code; and WHEREAS, Grantee has requested a grant from the City to engage in lobbying and legislative activities related to, and in furtherance of, policies of the City concerning the means and methods of meeting Orange County's future air transportation demand; and WHEREAS, the grant to Grantee is contingent on compliance with provisions of this Agreement that the Grant will not be spent to support or oppose the qualification, passage or defeat of any ballot measure or the nomination, election or defeat of any candidate for political office. WHEREAS, the grant to Grantee is also contingent on Grantee's commitments that the Grant not be used for any activity that is inconsistent with applicable state or federal statutory or decisional law. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. GRANT City will grant CJE the sum of three hundred thousand dollars ($300,000) subject to the terms, restrictions, covenants and conditions of this Agreement (Grant). The Grant shall be paid in twelve (12) equal monthly installments, with the first installment due on November 1, 2001 and the remaining eleven installments due on or before the first of the next eleven months. The City Manager shall have the authority to pay the balance of the Grant at any time during the Term of this Agreement. 2. AUTHORIZED ACTIVITIES The Grant shall be used exclusively to fund Authorized Activities. For the purposes of this Grant, the following shall be considered to be Authorized Activities: (a) To engage in, or retain persons to engage in, lobbying and legislative activities related to, and in furtherance of, City policies concerning the means and methods of serving current and future air transportation demand in Orange County; (b) To give direction to, and supervise the work of, any individual or entity retained to perform the work described in Subsection (a); and (c) To ensure that Grantee has strictly complied with the terms and conditions of this Grant and to perform Grantee's duties such as maintaining necessary records and providing period reports to the City Manager. 3. TERM It The term of this Agreement shall commence on October 23, 2001 (the Effective Date) and shall continue in full force and effect until terminated by the City or until October 31, 2002, whichever occurs first. The provisions of this Agreement that require Grantee to defend and indemnify the City and to maintain records shall survive the expiration or termination of this Agreement. 4. RESTRICTIONS ON USE OF GRANT FUNDS (a) Grantee acknowledges that statutory and decisional law prohibits governmental entities from spending, directly or indirectly, public funds to support or oppose candidates for public office. Grantee acknowledges that statutory and decisional law prohibits the expenditure of public funds to, directly or indirectly, support or oppose the qualification, passage or defeat of a ballot measure absent express legislative authority. Finally, Grantee understands and acknowledges that certain state and /or federal laws may apply to the expenditure of the Grant or the extent to which Grantee may engage in Authorized Activities. (b) Grantee expressly agrees that the Grant will not be spent, directly or indirectly, to support or oppose a candidate or candidates for public office or to support or oppose the qualification or passage of any ballot measure. Grantee also expressly agrees that the Grant shall be used in a manner consistent with applicable state and /or federal law. 5. AVAILABILITY OF GRANT Grantee acknowledges and agrees that the City is prohibited from incurring indebtedness in other than the current fiscal year except under certain circumstances that are not present in this case. Grantee agrees that City is not in breach of this Agreement, and that Grantee is not entitled to any portion of the Grant due and payable in fiscal year 2002 -03, unless that City Council has allocated funds for purposes of the Grant in the budget for that fiscal year. 6. INDEMNIFICATION Grantee shall hold harmless, defend and indemnify the City, and its officers and employees, from any claim, judgment, loss, or liability, including attorney fees, arising out of or in any way related to this Agreement regardless of the cause, except for any liability, claim, judgment, loss or fee arising from the sole negligence, fraud or willful misconduct of the City or its officers or employees. 7. REPORTS AND ACCOUNTING (a) Grantee shall maintain records reflecting the expenditure of the Grant in manner that permits the City Manager to determine if Grantee is in compliance with the terms and conditions of this Agreement. Grantee shall permit the City Manager or his /her designee to examine the records required pursuant to this Agreement. (b) Grantee shall deposit Grant payments (when received) in an account or accounts with financial institutions such that all such payments are, until disbursed, fully insured by FDIC and not commingled with Grantee's other accounts or assets. All interest earned on the Grant shall be retained by Grantee and shall be used in strict compliance with this Agreement. Grantee shall, upon request, provide the City with copies of all statements related to the account or accounts in which Grant Funds have been deposited. (c) Any portion of the Grant in Grantee's possession on expiration of the Term of this Agreement shall be returned to the City within ten (10) days after expiration. 8. STANDARD OF CARE All of the services shall be performed by Grantee or under Grantee's supervision. Grantee represents that it possesses, or has the capacity to retain, the professional and technical skills required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with the community professional standards. Grantee also represents and warrants to City that it, and its consultants and subcontractors have or shall obtain all licenses, permits, qualifications and approvals required of its profession. WE also agrees to provide each vendor, subcontractor and consultant with a copy of this agreement. 9. CITY POLICY Grantee will discuss with the Project Administrator all matters relating to the performance of the work and services to be funded by the Grant to ensure consistency with City policies. Grantee is responsible to keep the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired 10. PROHIBITION AGAINST TRANSFERS Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any for the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without the express written consent of the Project Administrator shall be null and void. III. ADMINISTRATION This Agreement will be administered by the City Manager of the City of Newport Beach or his /her designee. The City Manager shall be considered the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 12. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Grantee to City shall be addressed to City at: City Manager City of Newport Beach 3300 Newport Boulevard P. O. Box 1768 Newport Beach, CA, 92658 -8915 (949) 644 -3000; Fax 644 -3020 All notices, demands, requests or approvals from City to Grantee shall be addressed to CJE at: Bruce Nestande President Citizens for Jobs and the Economy 949 South Coast Drive Costa Mesa, CA (714) 481 -5140; FAX (714) 481 -5083 13. 14. Is. TERMINATION (a) Grantee shall be in default if Grantee fails or refuses to perform any duty required by the Agreement or performs in a manner inconsistent with the terms, conditions and restrictions in this Agreement. In such event, City shall give Grantee five (5) days written notice to cure, if the default can be cured. City shall be entitled to terminate this Agreement if Grantee has not cured the default within five (5) day cure period. City shall be entitled to immediately terminate this Agreement if the default cannot be cured through corrective action (b) City shall have the option, in the sole discretion of the Project Administrator and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Grantee. Upon termination of this Agreement, City shall pay invoices submitted by Grantee prior to the date of termination to the extent required by this Agreement. COMPLIANCE Grantee shall, with respect to all funds received pursuant to this Agreement, comply with all state and federal laws, rules and regulations. WAIVER A waiver by either Party of any breach, of any term, covenant or condition of this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 16. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of the Parties, and any prior discussion, negotiation and /or agreement between the Parties are merged in, and superseded by, this Agreement. Any modification of this Agreement will be effective only by written execution signed by both City and Grantee. Agreed: CITY OF NEWPORT BEACH CJE M Date: M