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HomeMy WebLinkAboutCC Resolution 8412 (Falkirk Grant)RESOLUTION NO. 8412 A RESOLUTION ACCEPTING A GRANT OF $9,000 FROM THE MARIN COMMUNITY FOUNDATION FOR THE FALKIRK CULTURAL CENTER, CITY OF SAN RAFAEL AND AUTHORIZING EXECUTION OF THE AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: VICE The/MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael, a resolution accepting a grant of $9,000 from the Marin Community Foundaton for the Falkirk Cultural Center, City of San Rafael and authorizing execution of the agreement a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on the 20th day of Mav , 1991 by the following vote to wit: AYES: COUNCILMEMBERS = Boro, Shippey, Thayer & Vice -Mayor Breiner NOES: COUNCILMEMBERS = None ABSENT: COUNCILMEMBERS: Mayor Mulryan jffA_NNF M. LEON I, City Clerk Fund Buck --f Grant # 90-127 GRANT AGREEMENT Prog. Officer L. N a k a t a between the I Prog, Area ARH Marin Community Foundation 1100 Larkspur Landing Circle, Suite 365 Larkspur, California 94939 (415) 461-3333 and Grantee Falkirk Cultural Center Address 1408 Mission Avenue Telephone 415/485-3326 Contact Person Carol Ad n e y Title Director Fiscal Agent (if other than Grantee) same as above Address Telephone Contact Person Title TERMS AND CONDITIONS OF GRANT The following terms and conditions must be met by the above named Grantee ("Grantee") in order to receive the grant that has been awarded. If and when the Grantee fails to meet any of these terms and conditions, the Marin Community Foundation ("Foundation") may withdraw its award and ter- minate this Grant Agreement ("Agreement") and shall thereupon have no further obligation to disburse to Grantee any remaining unpaid grant funds, and may further require repayment of any grant funds which were not used in accordance with the terms of the Agreement, including the grant purpose and objectives set forth in this Agreement. In addition, the Foundation shall have all other rights available at law against the Grantee arising out of a breach of this Agreement. 1. Grant Purpose To support the planning and public presentation of 6 cultural events organized with the Hispanic and South East Asian communities. 2. General Terms ;Mame of Project Grant No. Fund Grant Period Payment Schedule 90-127 Grant Amount $9, 000 BUCK 12 months beginning 7/1/90 $2,250 due 7/90 $2,250 due 10/90 $2,250 due 1/91 $2,250 due 4/91 Project Review Report(s) Date Approved 5/17/90 and continuing through 6/30/91 Due 1/31/91 covering the period 7/1/90 - 12/31/90 Final Report Due 7/31/91 covering the period 7/1/90 - 6/30/91 3. Project Objectives — Attachment A 4. Project Budget — Attachment BC010 Y Rev. 9/89 5. Hold Harmless Agreement The Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnifv and hold harmless the Founda- tion, its officers, directors, trustees, employees and agents, from and against any and all claims, liabilities, losses and expenses (including reasonabie attorneys' fees) directly, indirectly, wholly or partially arising from or in connection with such grant, the application of the funds furnished pursuant to such grant, the program or project funded or financed by such grant, or in any way relating to the subject matter of this Agreement. This paragraph shall survive the termination of this Agreement. 6. Public Acknowledgment The Grantee agrees to credit the Foundation in publications, press releases, brochures, videotapes, and other publicity or public relations materials and presentations resulting from the use of these funds or developed for activities authorized under this grant. The Grantee also agrees to credit the Foundation when any program or project results in a service, product, performance or other tangible outcome made possible because of this grant. The Foundation's Communications Officer is available to advise the Grantee on public information activities. 7. Nondiscrimination The Grantee agrees that, in the performance of this Agreement, it will not unlawfully discriminate in its employment practices, volunteer opportunities. or the delivery of programs or services, on the basis of race, religion, gender, national origin, age, medical condition, handicap, veteran status, marital status, or sexual orientation. 8. Handicapped Access Grantee shall make reasonable efforts to make the programs and facilities which are used for client services provided under the terms of this Agreement physically accessible to handicapped and disabled persons. 9. Project Objectives, Budget, and Use of Funds Funds must be used by the Grantee strictly in accordance with the terms of this Agreement, including the grant purpose set forth in Paragraph 1. and the project objectives and project budget approved by the Foundation and attached to this Agreement as Schedules A and B; except that the Grantee may, without prior Foundation approval, make adjustments of up to 10% of the agreed grant allocations within personnel line items or within nonpersonnel line items, but not between personnel and nonpersonnel line items. If the grant award differs from the grant request, before the release of any payment on the grant the Grantee must submit revised objectives and a budget which must be approved by the Foundation. Should the Grantee fail to submit acceptable project objectives and budget within 60 days of written notification of the grant award, the Foundation may at its discretion withdraw its grant award. 10. Access to and Use of Project Information The Grantee agrees to provide the Foundation with full access, except to the extent specifically prohibited by applicable law, to any and all information developed in connection with or arising from the activities funded by this grant. The Grantee authorizes the Foundation to use, reproduce, or publish. free of any charge or royalty, and to authorize others to use, reproduce, or publish, free of any charge or royalty, any and all such information, including but not limited to reports, budgets, copyrighted materials, or other data. The Foundation agrees to properly attribute authorship in the use. reproduction, or publication of any information developed with these grant funds, and further agrees to include copyright notice, in any of its publica- tions, of any copyrighted materials. 11. Project Review and Evaluation The Grantee agrees that the Foundation may review and/or evaluate the project funded by this grant. This may include visits by representatives or agents of the Foundation to observe the Grantee's project operations; to review project data, financial records, or corporate records; and to discuss the project with the Grantee's staff or governing board. At all times during the Agreement, Grantee or its fiscal agent shall accurately maintain all books of account, records and documents of every kind in which all matters relating to the project funded by the grant, including all income, expenditures, assets, and liabilities thereof, shall be entered. Grantee shall keep all such records for at least four years after completion of the use of the grant funds. The Foundation shall have the absolute right at any reasonable time to inspect and copy any of these materials, except to the extent specifically prohibited by applicable law. 12. Reports and Audits The Grantee agrees to submit to the Foundation periodic project review reports and a final report, including narrative information and full financial accounting of the expenditure of these grants funds, according to the report schedule set forth in Paragraph 2 of this Agreement. All such reports shall become the property of the Foundation. Forms and guidelines for the reports will be provided by the Foundation. Any payments scheduled for release subsequent to the due date of a project review report shall be held by the Foundation until the project review report has been submitted and approved. The Foundation in its discretion may also require an audit of the agency or project, which may include the review of programmatic as well as financial records. The expense of any audit required by the Foundation will be borne by the Foundation, with the exception of audits required as a part of the grant application process. 13. Payments Grant payments will be made by the Foundation according to the payment schedule set forth in Paragraph 2 of this Agreement; provided that payments scheduled for a certain month may be made at any time during that month, and that if the project is not making reasonable progress toward meeting its stated objectives as set forth in Schedule A, or the Grantee is not otherwise in compliance with this Agreement, then the Foundation may at its sole and absolute discretion defer, reschedule, or cancel future payments. 14. Reversion Any funds not expended for the purposes agreed to by the Foundation, including any unspent balance at the conclusion of the grant period, must be returned to the Foundation. Grantee agrees that it shall convey back to the Foundation any equipment or real estate purchased with grant funds if the nature of its use is diverted from the purposes for which the grant was made, or if the Grantee organization ceases operations. Page 2 Rev. 9/89 15. Modification and Termination The terms of this Agreement may be revised or modified only with the prior written consent of both parties. If and when the Grantee fails to meet any of the terms or conditions of the Agreement, the Foundation may withdraw its award and terminate the Agreement and shall thereupon have no further obligation to disburse to Grantee any remaining unpaid grant funds, and may further require repayment by Grantee to the Foundation of any grant funds which were not used in accordance with the terms of the Agreement including the grant purpose and objectives set forth in Paragraphs 1 and 3 of this Agreement. The Grantee may terminate the Agreement at any time, by written notification to the Foundation accompanied by a final report as required in Paragraph 12, and the return of any unspent grant funds to the Foundation. 16. Buck Trust Restriction The fund from which the Foundation has awarded this grant is set forth in Paragraph 2 of this Agreement. All grant funds from the Leonard and Beryl Buck Trust must be used, according to the trust document, "for exclusively non-profit charitable, religious or educational purposes in providing care for the needy in Marin County, California, or for other non-profit charitable, religious or educational purposes in that county." 17. Limit of Commitment This award is made with the understanding that the Foundation has no obligation to provide other or additional support for this project; nor does this award represent any commitment to or expectation of future support from the Foundation for this or any other project of Grantee. 18. Special Conditions IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as of the date listed below. Dated as of Mme/ gn '19 91 In signing this document, the Grantee signatories each acknowledge that they have been authorized by Grantee agency to sign on its behalf, that they have read and understand the entire Grant Agreement, and that Grantee accepts and agrees to its terms and conditions. The Agreement shall not be effective until the Foundation has received and approved a signed copy with the required schedules from Grantee, and has signed and reconveyed a copy of the entire Agreement to Grantee. GRANTEE By:��I Its: facto 9t=( Vice Mavor, Dorothv L. Breiner ATTEST: actBy: A Its:b�tsidezDccfflt oaccdc City Clerk, 'Jeanne M. Leonci ni MARIN COMMUNITY FOUNDATION By: Its: Program Director C Please attach all required schedules. Rev. 9/89 Page 3/