The URL can be used to link to this page

Home My Public Portal About2017-01-01 Warne OCCF Grant Agreement WCH 2017Orange County Community Foundation phone 949.553.4202 4041 MacArthur Blvd., Suite 510 facsimile 949.553.4211 Newport Beach, CA 92660 website www.oc-cf.org GRANT AGREEMENT NUMBER: PR1739451 The grant to City of Fullerton (hereafter referred to as "grantee") from the Henry W. and Ellen R. Warne Family Endowment Fund grant program of the Orange County Community Foundation (hereafter referred to as "OCCF") is for the explicit purpose described below and is subject to your acceptance of the following conditions. GRANTEE: City of Fullerton 340 W Commonwealth Avenue Fullerton, CA 92832 STAFF RESPONSIBLE FOR ACHIEVING GRANT PURPOSE: Alice Loya AMOUNT OF GRANT: $50,000.00 GRANT PERIOD: January 1, 2017 —December 31, 2017 GRANT PURPOSE: This grant is to support the City of Fullerton to leverage funds to acquire undeveloped richly biodiverse land at West Coyote Hills in north Fullerton. Acquired land will be preserved as open space to protect and propagate approximately 359 species of wildlife, 15 of which are either fully protected, threatened or endangered, including the naturally occurring Coastal Sage Scrub. Funding is contingent on ability to raise half of project funds ($4.7 million maximum depending on final sales price currently under negotiation) as described in the proposal to OCCF. The proposal and budget are part and parcel to this agreement. A request for re -direction of any grants funds must be submitted to the Foundation in writing and approval is subject to the Foundation's sole discretion. PAYMENT SCHEDULE: Paid upon receipt by OCCF of a signed copy of this agreement and evidence that half of project funds have been raised ($4.7 million maximum depending on final sales price currently under negotiation). GRANT CONDITIONS: See pages 2-3 and accompanying enclosure REPORTS: One final report is required. Please use the grant reporting guidelines specific to your grant program which you will find online at www.oc-cf.ors. You may request an electronic copy of these guidelines at any time. Failure to submit complete reports on time and in the format provided will jeopardize your grant status and future funding opportunities. If at any time throughout your grant period you are unable to fulfill your grant agreement, or if you have questions or concerns regarding reporting requirements, please contact Austin Muckenthaler at (949) 553-4202 ext. 48 or amuckenthaler@oc-cf.org. • The final retort is due by September 30, 2017 Please assign responsibility for these reports immediately. Our records reflect the above contact as the responsible party for reporting. Should this change during the grant period, you must notify Austin Muckenthaler. Page Two SPECIAL. PROVISIONS: All grants are made in accordance with current and applicable laws and pursuant to the Internal Revenue Code as amended and the regulations issued thereunder. Please read the following carefully: 1. ANNOUNCING GRANTS Announcements by the grantee of the grant award, Indicating OCCF's participation in the program funding, are encouraged. Grantees are asked to fax the text of any planned announcements to OCCF's Program Officer for review and response regarding accuracy. Please also forward copies of any published accounts that mention the project or OCCF. The grantee will allow the Foundation to include information about this grant in the Foundation's periodic public reports, newsletter, news releases, social media postings, and on the Foundation's website. This includes the amount and purpose of the grant, any photographs you have provided, your logo or trademark, and other information and materials about your organization and its activities. II. EXPENDING OF FUNDS This grant is to be used only for the purpose described in the grant proposal and In accordance with the approved budget. The program Is subject to modification only with OCCF's prior written approval. If the amount granted is less than what was originally requested In the grant proposal and you need to modify the objectives from your proposal, please contact Austin Muckenthaler at (949) 553-4202 ext. 48 or amuckentheler@oc-cf.org. A. The grantee shall return to OCCF any unexpended funds: 1. At the end of the grant period, or 2. If OCCF determines that the grantee has not performed in accordance with this agreement and approved program budget, or 3. if the grantee loses its exemption from Federal income taxes under Section 501(c)(3) of the internal Revenue Code. B. No funds provided by OCCF may be used for any political campaign, lobbying activity or to support attempts to influence legislation by any governmental body, other than through making available the results of nonpartisan analysis, study and research or for any purpose other than one specified In section 170(c)(2)(b) of the Code. C. Expenses charged against this grant may not be incurred prior to the effective date of the grant or subsequent to the termination date, and may be Incurred only as necessary to carry out the purpose and activities of the approved program. D. The grantee Is responsible for the expenditure of funds and for maintaining adequate supporting records. Books and records must be adequately maintained to demonstrate that the grant funds were used for the purpose for which the grant is made, and to maintain records of expenditures adequate to identify the purposes for which, and manner in which, grant funds have been expended. The grantee shall give the Foundation reasonable access to the grantee's files and records for the purpose of making such financial audits, verifications, and investigations as it deems necessary concerning the grant, and to maintain such files and records for a period of at least four years after completion or termination of the project. E. Equipment or property purchased with grant funds shall be the property of the grantee so long as it is not diverted from the purposes for which the grant was made. If the purpose of the organization or the use of grant funds is changed, the equipment or property reverts to OCCF at its option. F. Reports, materials, books and articles resulting from this grant may be copyrighted by the grantee or by the author, in accordance with the policies of the grantee toward the goal of obtaining the widest dissemination of such reports, materials, books and articles. OCCF reserves the royalty -free license to use such publications. For projects involving possibility of patents, the grantee should request further information from OCCF. III. REQUIRED NOTIFICATION You are required to provide OCCF with immediate written notification of: (a) any changes in your organization's legal or tax-exempt status; (b) changes In the key staff responsible for achieving the grant purposes, and (c) ability to expend the grant for the intended purpose. IV. NO ASSIGNMENT OR DELEGATION You may not assign, or otherwise transfer, your rights or delegate any of your obligations under this grant without prior written approval from OCCF. V. INDEMNIFICATION The grantee agrees to defend, hold harmless, and indemnify OCCF, its officers, agents, employees, and assigns against any and all expense, liability, loss, damages or claims (including attorneys' fees, judgments, fines, excise taxes or penalties and amounts to be paid in settlement) arising from or allegedly arising from the grantee's performance or activities. OCCF assumes no liability concerning persons or property associated with OCCF's sponsorship contemplated under this Agreement. VI. LIMIT OF COMMITMENT Unless otherwise stipulated in writing, this grant is made with the understanding that OCCF has no obligation to provide other or additional support to the grantee. Notwithstanding the foregoing provisions to the contrary, the Donor shall not be obligated on any Disbursement Date to disburse an amount greater than the balance on that date in the donor -advised fund standing in the name of Henry W. and Ellen R. Warne Family Endowment Fund on the Donor's books. W. RIGHTTO MODIFY OR REVOKE The Foundation reserves the right to discontinue, modify or withhold any payments under this grant award or to require a total or partial refund of any grant funds if, In the Foundation's sole discretion, such action is necessary: (a) because you have not fully complied with the terms and conditions of this grant; (b) to protect the purpose and objectives of the grant or any other charitable activities of the Foundation; or (c) to comply with the requirements of any law or regulation applicable to you, the Foundation, or this grant. FOR THE GRANTEE: K7 --C ---.a g ture of Authorized Representative Hugo Curiel Name, printed Director of Parks and Recreation Title January 6, 2017 Date ORANGE COUNTY COMMUNITY FOUNDATION: Cathleen Otero, Vice President