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HomeMy WebLinkAboutD-3 Staff Report - Grant Funding for Veteran ServicesVeterans’ Services Grant Funding Agreements August 21, 2023 Page 1 SCHEDULED ITEM D-3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: NICO DE ANDA-SCAIA, DEPUTY CITY MANAGER DATE: AUGUST 21, 2023 SUBJECT: PROPOSED GRANT FUNDING FOR NON-PROFIT ORGANIZATIONS SERVING LOCAL U.S. MILITARY VETERANS BACKGROUND: During the City’s strategic goal-setting process earlier this year, the Azusa City Council set a funding priority for supporting and enhancing community partnerships and resources that serve our local U.S. Military veterans. Toward this end, approximately $100,000 was set aside in the FY2023-24 budget to support effective partnership-building, funding strategies, community engagement efforts, and streamlining delivery of services. The subject action seeks consideration and approval by the City Council for the award of one- time city grant funding to two local veteran-serving non-profit organizations. Grant funds would support each organizations’ ongoing efforts in serving local veterans and formalize key programming in collaboration with the City. Upon Council’s approval, grant funding agreements would be executed with each organization establishing appropriate funding guidelines and scope of services. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1)Approve one-time grant funding in the amount of $45,000 to American Legion Post #180 in support of efforts which serve the local U.S. Military veteran community; 2)Approve one-time grant funding in the amount of $45,000 to Azusa VFW Post #8070 in support of efforts which serve the local U.S. Military veteran community; and 3) Authorize the City Manager to execute Grant Funding Agreements with each organization, subject to non-substantial changes and in a form acceptable to the City Attorney, on behalf of the City. Approved City Council August 21, 2023 Veterans’ Services Grant Funding Agreements August 21, 2023 Page 2 ANALYSIS: The City of Azusa has a rich history rooted in service to community and country, and has long prided itself in its support and recognition of local veterans and active-duty service members of the U.S. Military. Currently, the City facilitates access to resources and assistance for U.S. Military veterans through various federal, state and local partnerships, provides community engagement and information via the City library, and hosts community events and programs throughout the year aimed at bringing awareness to the needs of the veteran community. In February 2022, the City Council established the Veterans’ Resources Ad Hoc Committee with the goal of evaluating the City’s existing resources, mechanisms and structures that support local veterans. An additional task of this Committee has been to strengthen local community partnerships that support these efforts. Toward this end, and as a result of the City Council’s strategic goal-setting process earlier this year, approximately $100,000 has been allocated in the FY2023-24 budget toward enhancing and leveraging the City’s relationships with local veteran-serving organizations. Currently, two prominent community organizations whose activities are centered around supporting local U.S. Military veterans are American Legion Post #180, and Azusa VFW Post #8070. American Legion Post #180 recently celebrated 97 years of community involvement, with a mission of enhancing the well-being of America’s veterans, the military, and their families by shaping a positive future in an atmosphere of fellowship, patriotism, peace and security. Azusa VFW Post #8070 has served the local community for over 70 years, with a mission of fostering camaraderie among United States veterans of overseas conflicts, to serve veterans, the military and our communities, and to advocate on behalf of all veterans. Both non-profit organizations provide support and advocacy for veterans and their families through various programs and initiatives, foster patriotism and responsible citizenship, award scholarships and promote quality education and literacy, and provide leadership and mentorship opportunities to the community. This agenda item seeks Council approval for one-time grant funding to American Legion Post #180 and VFW Post #8070 in the amounts of $45,000 per organization (for a grand total of $90,000), and to enter into a grant funding agreement with each organization outlining guidelines and expectations for use of funds and scope of services to be provided. City grant funds are intended to support the organizations’ efforts toward enhancing resources and services for the local veteran community, for necessary public-facing improvements to facilities used in support of these efforts, and to formalize key events and programming in collaboration with the City. Such activities include serving as a resource to the City Council’s Ad Hoc Committee, actively participating in city-programming and events related to U.S. Military veterans and active-duty service members, and hosting at least one veterans’ resource fair annually. Veterans’ Services Grant Funding Agreements August 21, 2023 Page 3 Funding shall not be allowed to be used toward employee compensation or political and/or religious purposes. Furthermore, each organization shall be required to maintain accurate records of grant funds expended and submit written progress reports during the term of the Agreement. For reference, the City’s draft grant funding agreement is included as Attachment 1 to this report. FISCAL IMPACT: Funding is fully budgeted. Upon Council approval, staff will prepare a budget amendment and carry-forward $90,000 from FY2022-23 to FY2023-24 budget account #10-10-130-000-6625. Prepared by: Reviewed and Approved: Nico De Anda-Scaia Sergio Gonzalez Deputy City Manager City Manager ATTACHMENTS: 1. Draft Grant Funding Agreement 1 AGREEMENT FOR GRANT FUNDING BETWEEN THE CITY OF AZUSA AND [ORGANIZATION NAME] [ORGANIZATION ADDRESS] This Agreement for Grant Funding (“Agreement”) is made effective as of this _______ day of ____________________ (“Effective Date”), by and between the CITY OF AZUSA, a municipal corporation organized under the laws of the State of California with its principal place of business at 213 East Foothill Boulevard, Azusa, California 91702 (“City”) and [INSERT ORGANIZATION NAME] with its principal place of business at [INSERT ADDRESS] (“Organization”). Each party is at times individually referred to herein as “Party” and collectively referred to as “Parties”. This Agreement shall be effective for the duration of one year, until the day of _________________, 2024. RECITALS A.The City acknowledges the importance of supporting local military veterans and their ongoing needs; and B.The Organization, an established veterans’-serving organization, has demonstrated its commitment to providing resources and services to the local veteran community; and C.The Organization has special knowledge, experience and facilities for disseminating such resources and services to the local veteran community; and D.The City intends to provide grant funding to the Organization to enhance and support their ongoing efforts in serving local veterans. E.As a condition to accepting grant funds from the City, the Organization agrees to abide by all terms and conditions set forth in this Grant Funding Agreement. AGREEMENT NOW, THEREFORE, it is agreed by and between the Parties as follows: 1.Grant Amount. City awards to Organization one-time cash assistance in the amount of [INSERT DOLLAR AMOUNT] (“Grant Funds”) to be used for eligible expenses as set forth below. The Grant Funds shall be disbursed by City to Organization in accordance with Agreement as provided herein. 2. Scope of Services. 2.1 The Organization shall serve as a resource to the City Council’s Ad Hoc Committee on Veterans Resources, providing advice, support, and attending meetings as requested by the Committee. Attachment 1 2 2.2 The Organization shall actively participate in the City’s official Memorial Day and Veterans Day holiday commemorative events, demonstrating support for the local veteran community. 2.3 The Organization shall host at least one (1) veterans’ resources fair annually at their local headquarters or place of business, to provide essential information and support to local veterans. 3. Use of Grant Funds. 3.1 The Grant Funds provided shall be used towards enhancing resources and services for the local veteran community, and/or for necessary public-facing facility improvements of the Organization’s local headquarters or place of business that support these efforts. 3.2 The Grant Funds shall not be used for any activity that would violate City, state or federal statutory or decisional law such as regulations affecting non-profit or tax-exempt organizations exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. 3.3 The Organization shall ensure that the grant funds provided under this Agreement are not used for any religious, employee-compensation, political, or campaign-related purposes. 3.4 The Organization shall expend all Grant Funds within one (1) year of the effective date of this Grant Funding Agreement, unless otherwise agreed upon in writing by the City. 4. Compliance and Reporting. 4.1 The Organization shall submit to the Azusa City Manager’s Office a written statement outlining its mission, general services provided to the community, and intended goals for the use of awarded Grant Funds within thirty (30) days of receiving the funds. 4.2 The Organization shall provide a written progress report to the Azusa City Manager’s Office within ninety (90) days of receiving the Grant Funds, outlining the efforts made to-date in utilizing the funding. 4.3 The Organization shall provide a verbal update to the Azusa City Council during a regular City Council meeting upon final expenditure of all Grant Funds, summarizing how funds were utilized and any community benefits realized. 4.4 At all times during the term of this Grant Funding Agreement, Organization shall maintain accurate and complete records of expenditures of the Grant Funds including all itemized paid invoices (“Records”). Organization shall make available to City such Records within ten (10) calendar days of the City’s request. In the event Organization does not expend the funds in a manner consistent with the Agreement, the Organization shall be required to return the funds to the City. 3 4.5 The Organization shall permit representatives from the City or its designees to inspect its facilities and programs, ensuring compliance with the terms of this Agreement. 4.6 Any portion of the Grant Funds not expended on eligible expenses within the grant timeline specified in Section 3.4 shall be returned to the City within thirty (30) days of termination of the Agreement. 5. Term. The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until one (1) year from such date, unless earlier terminated as provided herein. The Chamber shall complete the services within the term of this Agreement, and shall meet any other established schedules and deadlines. 6. Indemnity. Organization shall indemnify, defend, and hold harmless the City, and its officers, employees, and agents (“City indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable attorney’s fees and costs of litigation (“claims”), arising out to the Organization’s performance of its obligations under this Grant Funding Agreement or out of the operations conducted by the Organization, including the City’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Organization’s performance of this Grant Funding Agreement the Organization shall provide a defense to the City indemnitees or at the City’s option reimburse the City indemnitees their costs of defense, including reasonable attorney’s fees, incurred in defense of such claims. This provision shall survive the expiration or earlier termination of the Grant Funding Agreement. 7. Grantee Independence. In the performance of this Grant Funding Agreement, the Organization, and the agents and employees of Organization, shall act in an independent capacity and are not officers, employees or agents of the City. The manner and means of performing under this Grant Funding Agreement are under the control of Organization, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Grant Funding Agreement. Nothing in this Grant Funding Agreement shall be deemed to constitute approval for Organization or any of Organization’s employees or agents, to be the agents or employees of City. Organization shall have the responsibility for and control over the means of performing under this Grant Funding Agreement, provided that Organization is in compliance with the terms of this Grant Funding Agreement. 8. Prohibition Against Transfer. Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Grant Funding Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without written consent of City shall be null and void. 9. Termination. Notwithstanding anything to the contrary herein, the City shall have the right to terminate the Agreement immediately, with or without cause, at any time, by providing written notice to Organization. Upon termination, the City shall have no further obligation to provide any Grant Funds to Organization. 4 10. Notices. 10.1 All notices, demands, requests or approvals to be given under this Grant Funding 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. Courtesy copies of notices may be sent via electronic mail, provided that the original notice is deposited in the U.S. mail or personally delivered as specified in this section. 10.2 All notices, demands, requests or approvals from Organization to City shall be addressed to the City at: Nico De Anda-Scaia, Deputy City Manager City of Azusa 213 E Foothill Boulevard Azusa, CA 91702 Email: ndeanda@azusaca.gov 10.3. All notices, demands, requests or approvals from City to Organization shall be addressed to Organization at: Name of Organization Contact Organization Name Grantee Address Line 1 Grantee Address Line 2 Email: 11. Standard Provisions. 11.1 Recitals. City and Organization acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Grant Funding Agreement. 11.2 Compliance With all Laws. Organization shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 11.3 Waiver. A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 11.4. Integrated Contract. This Grant Funding Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 5 11.5 Interpretation. The terms of this Grant Funding Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Grant Funding Agreement or any other rule of construction which might otherwise apply. 11.6 Amendments. This Grant Funding Agreement may be modified or amended only by a written document executed by both Organization and City. 11.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Grant Funding Agreement shall continue in full force and effect. 11.8 Controlling Law And Venue. The laws of the State of California shall govern this Grant Funding Agreement and all matters relating to it and any action brought relating to this Grant Funding Agreement shall be adjudicated in a court of competent jurisdiction in the County of Los Angeles, State of California. 11.9 Equal Opportunity Employment. Organization represents that it is an equal opportunity employer and it shall not discriminate against any contractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age or any other impermissible basis under law. 11.10 Attorney’s Fees. In the event of any dispute or legal action arising under this Grant Funding Agreement, the prevailing party shall be entitled to its attorney’s fees. 11.11 Taxes. The City and Organization expressly agree that the Organization shall be responsible for all taxes that are associated in any way to the receipt or use of the Grant Funds. 11.12 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES TO FOLLOW ON NEXT PAGE] 6 IN WITNESS WHEREOF, the Parties have signed and entered into this Agreement by and through the signatures of their respective authorized representative(s) as follows: CITY OF AZUSA [ORGANIZATION NAME] Sergio Gonzalez [Organization Representative Name] City Manager [Organization Representative Title] [Name of Organization] DATE: DATE: ATTEST: Jeffrey Lawrence Cornejo, Jr City Clerk APPROVED AS TO FORM: Best, Best & Krieger, LLP City Attorney