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2014-11-12 Grant Committee Agenda Packet (Special)California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the Vernon CommUNITY Fund Grant Committee in open session are available for public inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California 90058, and on the City’s website at www.cityofvernon.org. No prior appointment is required. Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to participate in a meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda Special Vernon CommUNITY Fund Grant Committee Meeting November 12, 2014, 12:30 p.m. Council Chamber City Hall, 4305 Santa Fe Avenue Vernon, California 90058 Steve Veres, Committee Member Jessica Maes, Committee Member Michael Gavina, Committee Member Yolie Flores, Committee Member Juliet Goff, Committee Member Vacant, Committee Member Vacant, Committee Member CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the Grant Committee on any matter that is within the subject matter jurisdiction of the Grant Committee. The public will also be given a chance to comment on matters which are on the posted agenda during deliberation on those specific matters. INTRODUCTORY ITEMS 1. Self-introductions by all Vernon CommUNITY Fund Grant Committee members. 2. Election of Chairperson and Vice Chairperson to serve until the next annual election in August 2015. 3. Review of the Conflict of Interest Code and Rosenberg’s Rules of Order by City Attorney’s Office. Special Vernon CommUNITY Fund Grant Committee Meeting November 12, 2014 Page 2 of 3 4. Staff Explanation of Meeting Stipends pursuant to Vernon Municipal Code Section 2.160(d). 5. A Resolution of the Vernon CommUNITY Fund Grant Committee of the City of Vernon setting the date, time and place for regular meetings. Recommendation: (1) Find that adoption of the proposed resolution does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Adopt a resolution to set the Vernon CommUNITY Fund Grant Committee (“VCF”) regular meeting schedule to be on the third Wednesday of February, May, August, and November (second month of each quarter) at 10:00 a.m. MINUTES – TO BE RECEIVED AND FILED 6. Minutes of the Special Vernon CommUNITY Fund Grant Committee Meeting held on September 16, 2014. GRANT AWARDING 7. Award of Docket I Vernon CommUNITY Fund Grants. Recommendation: (1) Find that the award of the grants proposed is exempt under the California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and (2) Award Docket I grants totaling $244,500 to the six applicants identified below at the amounts recommended: Applicant Original Amount Requested Amount Recommended Proposed Term East Los Angeles Women's Center $54,000 $54,000 1 year Southeast Rio Vista YMCA $150,000 $35,000 1 year Plaza Community Services $75,000 $35,000 1 year Rio Hondo Vernon Rotary Club $50,000 $12,500 1 year California Children's Academy $250,000 $60,000 1 year Boy Scouts of America LA Chapter $65,000 $48,000 1 year Total $579,000 $244,500 Special Vernon CommUNITY Fund Grant Committee Meeting November 12, 2014 Page 3 of 3 ADJOURNMENT Special Agenda Authorized by the Executive Director of the Vernon CommUNITY Fund Grant Committee By: ________________________________________ Mark Whitworth, Executive Director I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe Avenue, Vernon, California, and on the City’s website, not less than 10 days prior to the meeting set forth on this agenda. Dated this 29th day of October 2014. By: ________________________________ Ana Barcia, Secretary RECEIVED ocT 2 8 20tr CITY ADMINISTRATION REGE[\fED DATE: TO: FROM: RE: November 12,2014 Honorable Members of the Vernon CommUNITY Fund Grant Committee Ana Barcia, Secretary k7 Election of Chairperson and Vice Chairperson to serve until the next annual election in November 2015. Recommendation It is recommended that the Vernon CommUNITY Fund Grant Commiffee conduct its annual election of Chairperson and Vice Chairperson pursuant to the Vernon Municipal Code. Backsround Section 2.160(a) of the Vernon Municipal Code states that "[t]he Grant Committee shall have a Chairperson and Vice Chairperson, who shall be from different appointing categories pursuant to section 2.158." Section 2.1600) of the Vernon Municipal code states that "[t]he Grant Committee members shall elect the Chairperson and Vice Chairperson at its first meeting and annually thereafter. No Grant Committee member may serve as Chairperson for more than two (2) consecutive terms. The Chairperson shall preside over all Committee meetings. The Vice Chairperson shall, in the absence of the Chairperson, perform the duties of the Chairperson." Fiscal Impact There is no fiscal impact. ()cT 2 8 2014 CITY CLERK'S OFFICE STAFF REPORT CITY CLERK'S OFFICE RtrGtrr\/ED 0cT 2.8 2014 STAFF REPORT CITY CLERK'S OFFICE November 12,2014 Honorable Members of the Vernon CommUNITY Fund Grant Committee Ana Barcia, Secretary {b Review of the Conflict of Interest Code and the Rosenberg's Rule of Order by City Staff Conflict of Interest Code On October 7, 2014, the City Council of the City of Vernon approved Resolution No. 2014-61, adopting a Master Conflict of Interest Code for the City of Vernon and all agencies, boards, and commissions affiliated with the City that incorporates by reference the standard model conflict of interest code of the Fair Political Practices Commission. A copy of which is attached herewith. All Vernon CommUNITY Fund Grant Committee members have been advised that they must file a statement of economic interest, commonly referred to as a Form 700, in compliance with said Code, with the City Clerk's Office. All members should be aware of the potential for a conflict of interest when making decisions in their capacity as a board member of the Vernon CommUNITY Fund Grant Committee. During the November 12,2014, meeting, Grant Committee Counsel will provide a brief overview on the types of things Grant Committee members should be aware of as it results to potential conflicts, and how to determine if a conflict or potential conflict exists. Grant Committee Counsel will also go over the resources available to Board members regarding conflicts of interest, and the procedures for recusals. Rosenbers's Rules of Order Pursuant to Vernon Municipal Code Section 2.1-1 "[a]ll meetings of the City Council, and of every advisory body created by the City Council, shall be conducted in accordance with Rosenberg's Rules of Order, latest revised edition." A copy of which is attached herewith. City staff will address any questions or concerns regarding the rules of order during the November 12, 201 4, meeting. RECEIVED ocT 2 8 201+ CITY ADMINISTRATION CIIY CLERI('S OFFICE DATE: TO: FROM: RE: RESOLUTION NO. 2OL4-6L A RESOLUTION OE THE CITY COUNCIL OE THB CITY OE VERNON ADOPT]NG A MASTER CONFLICT OF INTBREST CODE EOR THE CITY OE VERNON AND ALL AGENCIES, BOARDS, AND COMMISSIONS AFFILIATED WITH THB CTTY THAT INCORPORATES BY REEERENCE THE STANDARD MODEL CONELICT OF INTEREST CODE OE THE EAIR POLITICAL PRACTICES COMMISSION V{HEREAS, the Political Reform Act (Government Code Sections 81000, et seq. ) , requires state and l-ocal governmeht agehcies to adopt and promulgate conflict of interest codes for each department of the City; and V{HEREAS, the Fair Political- Practices Commission (the "FPPC"), has adopted a regulation (2 CaI. Code of Regulations Section 18730), that contains the terms of a standard confli-ct of interest code and may be incorporated by reference as the city's code; and WHEREAS, the standard conflict of interest code may be amended by the FPPC after public notj-ce and hearing to conform to amendments in the Po11tical Reform Act; and WHEREAS, Section 4.5 of the Charter of the City of Vernon provides that regulations pertaining to any subject or model codes may be adopted by reference, in their original form or with amendment.s; and WHEREAST oo January 21, 2014, the City Council of the City of Vernon adopted Resolution No. 20L4-0L, adopting by reference the terms of 2 CaI. Code of Regulations Section 18730; and WHEREAS, each of the following agencies, boards and commissions affiliated with the City have adopted its own conflict of interest codes: vernon Historic preservation society (*vHps,,), Industrial Development Authority (*IDA"), Vernon Housing Commission (*VHC"), Vernon Housing Authority (*VHA"), Successor Agency to the Redevelopment Agency ("SA"), Oversight Board of the Successor Agency to the Redevelopment Agency ("OB") and Sustainable Development and Energy Efficiency Commission ("SDEEC"); and WHEREAS, in accordance with Government Code Sections 87305 and 87306.5, the Conflict of Interest Codes have been reviewed; and WHEREAS, the City Council of the City of Vernon has deleted, added and/or modified certain job titles and wishes to adopt a Master Conflict of Interest Code for the City of Vernon and all- agencies, boards and commissions to reflect current positions for designated employees requi-red to report financial interests under designated disclosure categories. NOW/ THEREEORE, CITY OF VERNON AS EOLLOWS: SECTION 1: The BE IT RESOLVED BY THE CITY COUNCIL OF THE finds and determines that SECTION 2: The that this action is exempt Act (CEQA), in accordance that CEQA only applies to environment. City Council- of the City of Vernon hereby the above recitals are true and correct. City Council of the City of Vernon finds under the California Environmental Quality with Section 15061 (b) (3) , the general rule projects that may have an effect on the SECTION 3: Effective October 1 , 20L4, the City Council of the City of Vernon hereby adopts the Conflict of Interest Code for the Vernon CommUNITY Fund and the Vernon Business and Industry Commission. SECTION 4: Effective .fanuary 1, 20L5, the City Council of the City of Vernon hereby adopts the Master of Conflict of Interest Code, by reference, the terms of 2 CaL. Code of Regulatj-ons Section 18730, and any amendments to it duly adopted by the FPPC. That -2- Regulation, along with Appendix No. l, designating positions and establishing disclosure requirements, which is attached hereto and incorporated by reference, shall constitute the Conflict of Interest Code of the City of Vernon. SECTION 5: The following positions are not covered by this Master of Conflict of Interest Code because individual-s holding these positions must file under Government Code Section 81200, and, therefore, are listed for informational purposes only: Mayor, City Administrator, City Attorney, City Treasurer, Chief Administrative Officer, City Council members, and other public officials who manage public investments. Individuals holding the above-Iisted positions may contact the EPPC for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The FPPC makes the final determination whether a position is covered by Government Code Section 8'1200. SECTION 6: The City Council of the City of Vernon hereby delegates the authority to carry out the duties of filing officer to the City Clerk or Deputy City C1erk, and individuals holding designated positions shalI file their statements with the City CIerk or Deputy City Clerk, who will retain the statements and make the statements available for public inspection and reproduction pursuant to Government Code Section 81008. SECTION '7 z All resolutions or parts of resolutj-ons, specifically Resol-ution Nos. 20L4-0L, VHPS-0022t IDA-23, VHC-3, VHA-3, SA-3, OB-9 and SDEEC-2, not consistent with or in conflict with this Resolutj-on are hereby repealed. -3- SECTION 8: The City C1erk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk r or Deputy City Clerk, of the City of Vernon shall cause this resolution and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Eile of Resolutions of the Council of this City. APPROVED AND ADOPTED this 7tn day of October, 2074. Name: W. Michael McCormick Title:Mayor t@ ATTEST: €+tfef:e@r/ Deputy ty Clerk Moussa, Deputy City Attorney -4- APPROVED STATE OF CALIEORNIA COUNTY OF LOS ANGELES T,Ana Barcia , @Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2014-6I, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October '1, 20L4, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of October, 20L4, at Vernon, California. ( SEAL) ) )ss ) a SjLt4fJ@/ Deputy City Clerk -5- EXHIBIT A APPENDIX NO. 1 The positions listed below are designated positions in the City of Vernon. DESIGNATED POSITIONS DISCLOSURE CATEGORIES Deputy Citv Administrator 1,2,3 Economic Development Manager 1,2,3 Purchasins Agent 1.2,3 Deputy City Attorney t.2.3 Citv Clerk 1.2.3 Deputy Citv Clerk )1 Assistant Finance Director 1.2.3 Deputy City Treasurer 1,2,3 Purchasing Assistant 2,3 Risk Manaser t.2.3 Assistant Fire Chief 1.2.3 Fire Battalion Chief t.2.3 Fire Chief t.2.3 Fire Code Inspector t.2.3 Fire Marshal 1.2.3 Associate Electrical Engineer 2.3 Associate Resource Scheduler 2,3 Director of Gas and Electric 1.2.3 Electrical Ensineer 2.3 Electrical Resources Plannine and Development Manager 1.2.3 Gas Svstems Superintendent 1.2.3 Information Technoloey Analyst 1.2.3 Information Technology Manager 1,2,3 Resource Planner 2,3 Resource Scheduler 2,3 Supervisins Electrical Ensineer 1.2.3 Telecommunications System Engineer 1,2.3 1 Utilities Compliance Manager t.2.3 Utilities Dispatcher 2.3 Utilities Dispatcher, Senior 1.2.3 Utilities Ensineerins Manaser t.2.3 Utilities Operation Manager 1,2,3 Chief Deputy Director of Health & Environmental Control 1,2,3 Director of Health and Environmental Control 1.2.3 Environmental Specialist 2.3 Environmental Specialist. Senior t.2.3 Director of Human Resources t.2.3 Human Resources Analyst 2.3 Human Resources Analyst, Senior 1,2,3 Police Captain 1,2,3 Police Chief 1,2,3 Police Lieutenant t.2.3 Assistant Engineer r,2,3 Assistant Planner 1.2.3 Associate Engineer t.2.3 Buildine Inspeotor, Senior t.2.3 Civil Ensineer t.2.3 Deputy Director of Public Work, Water & Development Services r.2.3 Director of Public Works, Water and Development Services t.2.3 Electrical Inspector t.2.3 Plumbing and Mechanical Inspector r.2.3 Principal Civil Ensineer 1,2,3 Proiect Ensineer 1,2,3 Public Works and Water Foreman 1,2,3 Public Works and Water Superintendent 1,2,3 Public Works Foreman 1,2,3 Public Works Proiect Coordinator 1,2,3 Public Works Water Proiect Coordinator r.2.3 Stormwater and Special Proiects Analyst 1.2.3 Consultants ,t ,r"ffil 2 Chairperson 1.6 Commission Member 1,6 Consultants 1,6 Executive Director 1,6 Lesal Counsel 1.6 Secretary 1.6 Vice Chairperson 1.6 Chaimerson 1.6 Commission Counsel 1.6 Commission Director 1,6 Comrnission Member 1,6 Consultants * Secretary :1,6 Vice Chairperson 1,6 Chaimerson 1,6 Chairperson Pro Tem 1.6 Consultants ,1. Director 1,6 Executive Director 1,6 Legal Counsel r,6 Treasurer 7,6 Board Member 1,6 Chairperson 1,6 Vice Chairperson 1,6 Chairperson 1.6 Consultants ,B Directors 1.6 Executive Director 1.6 Leeal Counsel 1.6 Treasurer 1,6 Vice Chairperson 1,6 r:.r iir, ri lril\txuuil+S.JUN,( \=*"tr(C)'U-Itll3l,j3J[,][-l:i:\'i,tir].urriiiili.\Etu.Nfii4sGJjiN(rr-'i :':,{, 3 Chairoerson 1.6 Committee Members 1,6 Consultants 1,6 Counsel 1,6 Executive Director 1,6 Secretary r,6 Treasurer 1.6 Vice Chairperson 1.6 Authority Counsel 1.6 Authority Director 1.6 Authority Planner 1,6 Authority Secretary 1,6 Authority Treasurer 1,6 Chairoerson 1,6 Consultants ' {. Vice Chairperson 1,6 Chairperson 1,4, 5 Commission Counsel r,4 ,5 Commission Director 1.4.5 Commissioner r.4.5 Consultants ,1. Secretary 1.4.5 Treasurer r.2.3 Vice Chaimerson 1.4. s Chaimerson 1,6 Chairperson Pro Tem 1,6 Chief Financial Officer 1,6 Consultants ,1. Directors 1,6 * Consultants who fill a "designated position" must file in the same manner as a direct employee filling the same "designated position" would be required to file. With respect to consultants that do not fill a "designated position" listed herein, the City Administrator shall determine in writing if a particular consultant performs a range of duties requiring disclosure under this Code. The City Administrator's written determination shall include a description of the consultant's duties and a statement of the disclosure required. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. $.Viti)R=lAKUlNiCt5riri-t\IUlixFELLtV ltui rvii,iR{\\(0)N\t:,1$[K]1t(0)Rri(f]7.\uf.,t]lRili]$iftxR+\Y/.r\'ltt(i)]NI,!Y0.t(:IiliLlrlt'\"/,""i i;\";"j",r -' j, Disclosure Categories Individuals holding designated positions must report their interests according to the following corresponding disclosure categories to which their position has been assigned. Such individuals shall be required to disclose such interests to the extent that their economic interests may foreseeably be affected materially by any decision made or participated in by the individual by virtue of his or her position. 1. All Vernon Real Prope4v. All interests in real property within the City of Vernon, within two miles of the City, or within two miles of any City controlled property. Real property used primarily as the official's personal residence (such as a home or personal vacation home) need not be disclosed. 2. All Vernon Investments. All investments and business positions from sources located in, doing business in, or planning to do business in the City of Vernon. 3. All Vernon Income and Gifts. A1l income, including loans, gifts and travel payments, from sources located in, doing business in, or planning to do business in the City of Vernon. 4. Vernon Housing Investments. lnvestments or business positions in sources which provide services, goods, supplies, materials, equipment or machinery of the type utilized for City of Vemon controlled housing. 5. Vernon Housing Related Income and Gifts. Income, including loans, gifts and travel payments, from sources which: a. Have an interest in residential property in the City, within two miles of the City, or within two miles of residential property controlled by the City; or b. Provide services, goods, supplies, materials, equipment or machinery of the type utilized for City of Vernon controlled housing. 6. Board Members. All investments, business positions and sources of income (including loans, gifts and travel payments) which are subject to the authority and/or subject matter jurisdiction of the Board, Agency, Authority, Committee, or Commission on which the member serves. 5 CITY OF VERNON et. al. CONFLICT OF INTEREST CODE The Political Reform Act of 1974, as amended (Government Code Sections 81000, et seq.), requires state and local government agencies to adopt conflict of interest codes. The Fair Political Practices Commission has adopted a regulation,2 Califbrnia Code of Regulations Section 18730, which contains the terms of a standard conflict of interest code which may be incorporated by reference and which may be amended by the Fair Political Practices Commission after public notice and hearing to conform to amendments of the Political Reform Act. The terms of the standard conflict of interest code in 2 California Code of Regulations Section 18730 and any amendments thereto, along with Appendix A and Appendix B in which officials and employees are designated and disclosure categories are established, are hereby incorporated by reference and shall constitute the Conflict of Interest Code. Members of the governing body shall not be financially interested in any contract made by the governing body or in any contract they make in their capacity as members of their respective governing body as provided in Government Code Sections 1090, et seq. A member shall not be considered to be financially interested in a contract if his or her interest is included within a legally reco gnized exception. 6 Rosenberg's Rules of Order REVISED 2OII Simplc Rulcs of Parliomcntory Proceilure for the ztst Century By ludge Dave Rosenberg -.- __ \sbiqqH8 MISSION auo CORE BELIEFS To expand and protect local control for cities through education and advocacy to enhance the quality oflife for all Californians. VISION To be recognized and respected as the leading advocate for the common interests of California's cities. About the Icague of C,alifonria Cities Established in 1898, the League of California Cities is a member organization that represents California's incorporated cities. The League strives to protect the local authority and automony of city government and help California's cities effectively serve their residents. In addition to advocating on cities'behalf at the state capitol, the League provides its members with professional development programs and information resources, conducts education conferences and research, and publishes Western City magazine. @ 201 I League olCalifornia Cities. All rights reserved. Asour rHE Auuron Dave Rosenbcrg is a Superior C,ourt )udge in Yolo County. He has served as presiding judge of his court, and as presiding judge of the Superior Court Appellate Division. He also has served as chair of the Trial Court Presiding ludges Advisory Comminee (the committee composcd of all 58 California presiding judges) and as an a&isory member of the California Judicial Council. Prior to his appointment to t}le bcnch, Rosenberg was member of the Yolo C-ounty Board of Supervisorg where he scrved two terms as chair. Roscnberg also served on the Davis City C.ouncil, induding two terms .ul mayor. He has served on the scnior staffof two governors, and worked for 19 years in private law practice. Rosenberg has served as a member and chair of numerous state, regional and local boards. Roscnberg chaired the California State lottery Commission, the CaliforniaVictim Compensation and Government Claims Board theYolo-Solano Air Qudity Management District, the Yolo County Economic Development Commission, and the Yolo County Criminal Justice C-abinet. For many years, he has taught classes on parliamentary procedure and has served as parliamentarian for large andsmdlbodies. II T 7,2 Multiple Motions Before the Body......... Majority and Super-Majority Votes 5 I INrnooucrroN The rules of procedure at meetings should be simple enough for most people to understand. Unfortunately, that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set of rules - Robert's Rules of Order - which are embodied in a small, but complex, book. Virtually no one I know has actually read this book cover to cover. Worse yet, the book was written for another time and for another purpose. I[one is chairing or running a parliament, then Ro&errt Rules of Orderis a dandy and quite useful handbook for procedure in that complex setting. On the other hand, if onc is running a meeting of say, a five-member body with a fcw members of the public in attendance, a simplified version of the rules of parliamentary procedure is in order. Hence, the birth of Rosenberg's Rules of Order. What follows is my version of the rules of parliamentary procedure, based on my decades of experience chairing meetings in state and locd government. Thcr rulcs have becn simplificd for thc smallcr bodies we chair or in which we participate, slimmed down for the 2lst Century, yet retaining the basic tenets of order to which we have grown accustomed. Interestingly enough, Rosenberg's Rules has found a welcoming audience. Hundreds of cities, counties, special districts, committees, boards, commissions, neighborhood associations and private corporations and companies have adopted Rosenberg's Rules in lieu ofRo&ert's Rules because they have found them practical, logical, simple, easy to learn and user friendly. This treatise on modern parliamentary procedure is built on a foundation supported by the following four pillars: l. Rules should establish order. The first purposc ofrules of parliamentary procedure is to establish a framework for the orderly conduct oI meetings. 2. Rules should be dear. Simple rules lead to wider understanding and participation. Complex rules create two classes: those who understand and participate; and those who do not fully understand and do not fully participate. 3. krles should be user frimdly. That is, the rules must be simple enough that the public is invited into the body and feels that it has participated in the process. 4. Rules should enforce the will of the maiority whilc protecting the rights of the minority. The ultimate purpose of rules of procedure is to encourage discussion and to facilitate decision making by the body. In a democracy, majority rules. The rules must enable the majority to express itself and fashion a result, while permitting the minority to also express itself, but not dominate, while fully participating in the process. Establishing a Quorum The starting point for a meeting is the establishment of a quorum. A quorum is defined as the minimum numbcr of membcrs of thc body who must be present at a meeting for business to be legally transacted. The default rule is that a quorum is one more than half thc body. For example, in a five-member body a quorum is three. When the body has three members present, it can legally transact business. If the body has less than a quorum of members present, it cannot legally transact business. And even if the body has a quorum to begin the meeting, the body can lose the quorum during the meeting when a member departs (or even when a member leaves the dais). When that occurs the body loses its ability to transact business until and unless a quorum is reestablished. Thc default rulc, identified above, howccr, gives wity to a specific rule of the body that establishes a quorum. For example, the rules o[ a particular five-member body may indicate that a quorum is four members for that particular body. The body must follow the rules it has established for its quorum. In the abscnce of such a spccific rule, the quorum is one more than half the members of the body. The Role ofthe Chair White all members of the body should know and understand the rules of parliamentary procedure, it is the chair of the body who is charged with applying the rules of conduct of the meeting. The chair should be well versed in those rules. For all intents and purposes, the chair makcs thc final ruling on the rules svery time thc chair states an action. In fact, dl dccisions by thc chair are final unlcss orrcrrulcd by the body itself. Since the chair runs the conduct of the meeting, it is usual courtesy for the chair to play a less active role in the debate and discussion than other members of the body. This does not mean that the chair should not participate in the debate or discussion. To the contrary, as a member of the body, the chair has the full right to participate in the debate, discussion and decision-making of the body. What the chair should do, however, is strive to be the last to speak at the discussion and debate stage. The chair should not make or second a motion unless the chair is convinced that no other member of the body will do so at that point in time. The Basic Format for an Ag*da ltem Discussion Formal meetings normally have a written, often published agenda. Informal meetings may have only an oral or understood agenda. In either case, the meeting is governed by the agenda and the agenda constitutes the body's agreed-upon roadmap flor the meeting. Each agenda item can be handled by the chair in the following basic format: Firsr, the chair should clearly announce the agenda item number and should clearly state what the agenda item subject is. The chair should then announce the format (which follows) that will be followed in considering the agenda item. Sccotd, following that agenda format, the chair should invite the appropriate person or persons to report on the item, including any recommendation that they might have. The appropriate person or persons may be the chair, a member of the body, a staff person, or a committee chair charged with providing input on the agenda item. Thbil, the chair should ask members of the body if they have any technical qucstions of clarification. At this point, members of the body may ask clarifuing questions to the person or persons who reported on the item, and that person or persons should be given time to respond. founh, the chair should invite public comments, or if appropriate at a formal meeting, should open the public meeting for public input. If numerous members of the public indicate a desire to speak to the subject, the chair may limit the time of public speakers. At the conclusion of the public comments, the chair should announce that public input has concluded (or the public hearing, as the case may be, is closed). Fifih, the chair should invite a motion. The chair should announce the name of the member of the body who makes the motion. Sirth, the chair should determine if any member of the body wishes to second the motion. The chair should announce the name of the member of the body who seconds the motion. It is normally good practice for a motion to require a second before proceeding to ensure that it is not just one member of the body who is interested in a particular approach. However, a second is not an absolute requirement, and the chair can proceed with consideration and vote on a motion even when there is no second. This is a matter left to the discretion of the chair. Scvatrt, if the motion is made and seconded, the chair should make sure everyone understands the motion. This is done in one of three ways: l. The chair can ask the maker of the motion to repeat it; 2. The chair can repeat the motion; or 3. The chair can ask the secretary or the clerk of the body to repeat the motion. Eidhth, the chair should now invite discussion of the motion by the body. Ifthere is no desired discussion, or after the discussion has ended, the chair should announce that the body will vote on the motion. If there has been no discussion or very brief discussion, then the vote on the motion should proceed immediately and there is no need to repeat the motion. If there has been substantial discussion, then it is normally best to make sure everyone understands the motion by repeating it. Nintlr, the chair takes a vote. Simply asking for the "ayes" and then asking for the "nays" normally does this. If members oI the body do not vote, then they "abstain." Unless the rules of the body provide otherwise (or unless a super majority is required as delineated later in thcsc rules), then a simple majority (as defined in law or the rules of the body as delineated Iater in these rules) determines whether the motion passes or is defeated. Tbnth, the chair should announce the result of the vote and what action ( if any) the body has taken. In announcing the result, the chair should indicate the names of the members of the body, if any, who voted in the minority on the motion. This announcement might take the [ollowing form: "The motion passes by a vote of 3-2, with Smith and Jones dissenting. We have passed the motion requiring a l0-day notice for all future meetings of this body." Motions in General Motions are the vehicles for decision making by a body. It is usually best to have a motion before the body prior to commencing discussion of an agenda item. This helps the body focus. Motions are made in a simple two-step process. First, the chair should recognize the member of the body. Second, the member of the body makes a motion by preceding the member's desired approach with the words "[ move ... " A typical motion might be: "l move that we give a l0-day notice in the future for all our meetings." The chair usually initiates the motion in one o[ three ways: l. Inviting the mcmbers ofthe body to mdre a motion, for example, "A motion at this time would be in order." Z Suggesting a motion to the mcmbers of the body, 'A motion would be in order that we give a l0-day notice in the future for all our meetings." 3. Mating thc motion. As noted, the chair has every right as a member of the body to make a motion, but should normally do so only if the chair wishes to make a motion on an item but is convinced that no other member of the body is willing to step forward to do so at a particular time. The Three Basic Motions There are three motions that are the most common and recur often at meetings: The bcsic motion. The basic motion is the one that puts forward a decision for the body's consideration. A basic motion might be: "I move that we creatc a fve-member committee to plan and put on our annual flundraiser." The motion to amend. I[a member wants to change a basic motion that is before the body, they would move to amend it. A motion to amend might be: "1 move that we amend the motion to have a IO-member committee." A motion to amend takes the basic motion that is before the body and seeks to change it in some way. The substitute motion. I[a member wants to completely do away with the basic motion that is before the body, and put a new motion before the body, they would move a substitute motion. A substitute motion might be "l move a substitute motion that we cancel the annual fundraiser this year." "Motions to amend" and "substitute motions" are often conflused, but they are quite different, and their effect (ifpassed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but modifr it in some way. A substitutc motion sceks to throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to whether a motion is really a "motion to amend" or a "substitute motion" is left to the chair. So if a member makes what that member calls a "motion to amend," but the chair determines that it is really a "substitute motion," then the chair's designation governs. A "friendly amendment" is a practical parliamentary tool that is simple, informal, saves time and avoids bogging a meeting down with numerous formal motions. It works in the following way: In the discussion on a pending motion, it may appear that a change to the motion is desirable or may win support for the motion from some mcmbers. When that happcns, a membcr who has the floor may simply say, "I want to suggest a friendly amendment to the motion." The member suggests the friendly amendment, and if the maker and the person who sccondcd thc motion pcndint on the floor accepts the friendly amendment, that now becomes the pending motion on the floor. If eithcr the maket or thc pcrson who sccondcd rejccts thc proposed friendly amendment, then the proposer can formally move to amend. Multiple Motions Before the Body There can be up to threc motions on the floor at the same time. The chair can reject a fourth motion until the chair has dealt with the thrce that are on thc floor and has redved them. This rule has practical valuc. More than three motions on the floor at any given time is confusing and unwieldy for almost everyone, including the chair. When there are two or three motions on the floor (after motions and seconds) at the same time, the vote should proceedfrsl on the lasf motion that is made. For example, assume thc first motion is a basic 'motion to have a five-member committee to plan and put on our annual fundraiser." During the discussion of this motion, a member might make a second motion to "amend the main motion to have a l0-member committee, not a five-member committee to plan and put on our annual fundraiser." And perhaps, during that discussion, a member makes yet a third motion as a "substitute motion that we not have an annual fundraiser this year." The proper procedure would be as [ollows: Iiirt, the chair would deal with the third (the last) motion on the floor, the substitutc motion. After discussion end dcbatc, a vote wouldbc taken first on the third motion. If the substitute motion passecl,it would be a substitute for the basic motion and would eliminate it. The firct motion would be moot, as would the sccond motion (which sought to amend the first motion), and the ection on the agenda item would be completed on the passage by the body of the third motion (the substitute motion). No vote would be taken on the first or sccond motions Scanl/., if the substitute motion failed, the chair would then deal with the sccond (now the last) motion on the floor, thc motion to amend. The discussion and debate would focus strictly on the amendment (strould thc committee bc fivc or l0 membcrs). If the motion to amend passed, the chair would then move to consider the rnain motion (the first motion) as anrended.lf the motion to amend failed, the chair would then move to consider the main motion (the first motion) in its origind fonnat, not amendcd. ftiad, the chair would now dcal with thc first motion that was placed on the floor. The origind motion would eithcr be in its original format (five-membet comminee), or if anrendecl,would be in its amendcd format (IO-mcmbcr comminec). The question on the floor for discussion and decision would be whether a committee shou]d plan and put on the annual fundraiser. To Debate or Not to Debate The basic rule of motions is that they are subject to discussion and debate. Accordingly, basic motions, motions to amend, and substitute motions are all eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as members o[the body wish to discuss an item, subject to the decision of the chair that it is time to move on and take action. There are exceptions to the general rule o[ free and open debate on motions. The exceptions all apply when there is a desire of the body to move on. The following motions are not debatable (that is, when the following motions are made and seconded, the chair must immediately call for a vote of the body without debate on the motion): Motion to adinurn. This motion, if passed, requires the body to immediately adjourn to its next regularly scheduled meeting. It requires a simple majority vote. Motion to recess. This motion, if passed, requires the body to immediately take a recess. Normally, the chair determines the length of the recess which may be a few minutes or an hour. It requires a simple majority vote. Motion to fir the time to adiourn. This motion, if passed, requires the body to adjourn the meeting at the specific timc sct in thc motion. For example, the motion might be: "1 move we adjourn this meeting at midnight." It requires a simple majority vote. I 7,t 1 Motion to hble. This motion, if passed, requires discussion of the agenda item to be halted and the agenda item to be placed on "hold." The motion can cont.in a specific time in ntrich the item can come back to the body. "l move we table this item until our regular meeting in October." Or the motion can contein no spccific time for the return of the item, in which case a motion to take the item off the table and bring it back to the body will have to be taken at a future meeting. A motion to table an item (or to bring it back to the body) requires a simple majority vote. Motion to limit debste. The most common form of this motion is to say, "l move the previous question" or "I move the question" or "l call the question" or sometimes someone simply shouts out "question." As a practical matter, when a member calls out one of these phrases, the chair can expedite matters by treating it as a "request" rather than as a formal motion. The chair can simply inquire of the body, "any further discussion?" If no one wishes to have further discussion, thcn the chair can go right to the pending motion that is on the floor. However, if even one person wishes to discuss the pending motion further, then at that point, the chair should treat the call for the "question" as a formal motion, and proceed to it. When a member of the body makes such a motion ("1 move the previous question"), the member is really saying: "l've had enough debate. Let's get on with the vote." When such a motion is made, the chair should ask for a second, stop debate, and vote on the motion to limit debate. The motion to limit debate requires a two-thirds vote o[ the body. NOTE A motion to limit debate could include a time limit. For example: "1 move we limit debate on this agenda item to 15 minutes." Even in this format, the motion to limit debate requires a two- thirds vote of the body. A similar motion is a nrotion to object to consideration of an item. This motion is not debatable, and if passed, precludes the body from even considering an item on the agenda. It also requires a two-thirds vote. Maiority and Super Maiority Votes In a democracy, a simple majority vote determines a question. A tie vote means the motion fails. So in a seven-member body, a vote of 4-3 passes the motion. A vote of 3-3 with one abstention means the motion fails. If one member is absent and the vote is 3-3, the motion still fails. All motions require a simple majority, but there are a flew exceptions. The exceptions come up when the body is taking an action which effectively cuts off the ability of a minority o[ the body to take an action or discuss an item. These extraordinary motions require a two-thirds majority (a super majority) to pass: Motion to limit debate. Whether a member says, "l move the previous question," or "l move the question," or "l call the question," or"I move to limit debate," lt all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a two-thirds vote to pass. Motion to dose nominations. When choosing officcrs of the body (such as the chair), nominations are in order either from a nominating committec or from the floor of the body. A motion to close nominations effectively cuts o[f the right oI the minority to nominate officers and it requires a two-thirds votc to Pass. Motion to obiect to the consideration of a question. Normally, such a motion is unnecessary since the objectionable item can be tabled or defeated straight up. However, when members of a body do not even want an item on the agenda to be considered, then such a motion is in order. It is not debatable, and it requires a two-thirds vote to pass. Motion to suspend the rules. This motion is debatable, but requires a two-thirds vote to pass. lf the body has its own rules of order, conduct or procedure, this motion allows the body to suspend the rules [or a particular purpose. For example, the body (a private club) might have a rule prohibiting the attendance at meetings by non-club members. A motion to suspend the rules would be in order to allow a non-club member to attend a meeting o[ the club on a particular date or on a particular agenda item. Counting Votes The matter of counting votes starts simple, but can become complicated. Usually, it's pretty easy to determine whether a particular motion passed or whether it was defeated. If a simple majority vote is needed to pass a motion, then one vote more than 50 percent o[ the body is rcquired. For examplc, in a five-memberbody, if the vote is three in favor and two opposed, the motion passes. If it is two in favor and three opposed, the motion is defeated. If a two-thirds majority vote is needed to pass a motion, then how many rffirmativc votes rre required? The simple rulc of thumb is to count the "no" votes and double that count to determine how many "yes" votes are needed to pass a particular motion. For example, in a seven-member body, if hvo members vote "no" then the "yes" vote oIat least four members is required to achieve a two-thirds majority vote to pass the motion. What about tie votes? In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion. For example, in a five-monbcr body, if thc note is trto in fevor and two opposcd, with one member absent, the motion is defeated. Vote counting starts to become complicated when members vote "abstain" or in the case of a written ballot, cast a blank (or unreadable) ballot. Do these votes count, and i[so, how does one count them? The starting point is always to check the statutes' In California, flor example, for an action of a board of supervisors to be valid and binding, the action must be approved by a majority of the board. (California Government Code Section 25005.) Typically, this means three of thc five mcmbcrs of the board mut vote affirmatively in favor of thc action. A votc of 2- l rrould not be sufficient. A vote of 3-0 with two absentions rrould be suficient. In general law cities in 7-zT California, as another example, resolutions or orders for the payment of money and all ordinances require a recorded vote of the total members of the city council. (California Government Code Section 36936.) Cities with charters may prescribe their own vote requirements. Local elected officials are alvrrys wdl-advised to consult with their local agcncy counsel on how state law may affect the vote count. After consulting state statutes, step number lwo is to check the rules of the body. If the rules of the body say that you count votes of"those present" then you treat abstentions one way. However, if the rules of the body say that you count the votes of those "present and voting," then you treat abstentions a different way. And if the rules of the body are silent on the subject, then the general rule of thumb (and default rule) is that you count all votes that are "present and voting." Accordingly, under the "present and voting" system, you would NOT count abstention votes on the motion. Members who abstain are counted for purposes of determining quorum (they are "present"), but you treat the abstention votes on the motion as if they did not exist (they are not "voting"). On the other hand, ifthe rules of the body specifically say that you count votes of thosc "preseirt' then 1ou DO count abstention votes both in establishing the quorum and on the motion. In this event, the abstention votes act iust like "no" votes. How does this vork in practice? Hue are afew 60mples. Assume that a five-member city council is voting on a motion that requires a simple majority vote to pass, and assume further that the body has no specifc rule on counting votes. Accordingly, the &feult rule kicks in and we count all votes o[ members that are "present and voting." If the vote on the motion is 3-2, the motion passes. If the motion is 2-2 with one abstention, the motion fails. Assume a fve-mcmbcr city council voting on a motion that reguires a hvo-thirds majority vote to pass, and further assume that the body has no specific rulc on counting votcs. Agein, thc default rule applies. I[ the vote is 3-2, the motion fails for lack of a two-thirds majority. If the vote is 4-1, the motion passes with a clear two-thirds majority. A vote of three "yes," one "no" and one "abstain" also results in passage of the motion. Once again, the abstention is counted only for the purpose of determining quorum, but on the actual vote on the motion, it is as if the abstention vote never existed - so an effective 3- I vote is clearly a two-thirds majority vote. Now, change the scenario dightly. Asrume the seme five-member city council voting on a motion that requires a two-thirds majority vote to pass, but now assume that the body DOES harrc a specific rule requiring a two-thir& vote of members 'present.- Undcr this specific rule, we must count the members present not only for quorum but also for the motion. [n this scenario, any abstention has the same force and effect as if it were a "no" vote. Accordingly, if the votes were three "yes," one "no" and one "abstain," then the motion fails. The abstention in this case is treated like a"no" vote and effective vote o[ 3-2 is not enough to pass two-thirds majority muster. Now, exactly how does a member cast an "abstention" vote? Any time a member votes "abstain" or says, "l abstain," that is an abstention. However, i[ a member votes "present" that is also treated as an abstention (the member is essentially saying, "Count me for purposes of a quorum, but my vote on the issue is abstain.") In fact, any manifestation of intention to vote either "yes" or "no" on the pending motion may be treated by the chair as an abstention. If written ballots are cast, a blank or unreadable ballot is counted as an abstention as well. Can a member vote "absent" or "count me as absent?" Interesting question. The ruling on this is up to the chair. The better approach is for the chair to count this as if the member had Ieft his/her chair and is actually "absent." That, of course, affects the quorum. However, the chair may also treat this as a vote to abstain, particularly if the person does not actually leave the dais. The Motion to Reconsider There is a special and unique motion that requires a bit of explanation all by itself; the motion to reconsider. A tenet o[ parliamentary procedure is findity. After vigorous discussion, debate and a vote, there must be some closure to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to reopening if a proper motion to consider is made and passed. A motion to reconsider requires a majority vote to pass like other garden-variety motions, but there are two special rules that apply only to the motion to reconsider. First, is the matter of timing. A motion to reconsider must be made at thc meeting where the itcm lvas first voted upon. A motion to reconsider made at a later time is untimely. (The bodS however, can always vote to suspend the rules and, by a two-thirds majority, allow a motion to reconsider to be made at another time.) Second, a motion to reconsider may be made only by certain members of the body. Accordingly, a motion to reconsider may be made only by a member who voted in the majority on the original motion. If such a member has a change of heart, he or she may make the motion to reconsider (any other member of the body - including a member who voted in the minority on the original motion - may second the motion). If a member who voted in the minority seeks to make the motion to reconsider, it must be ruled out of or&r. The purposc of this rulc is findity. lf a membcr of minority could make a motion to reconsider, then the item could be brought back to the body again and again, which would defeat the purposc of 6ndity. If the motion to reconsider passes, then the original matter is back before the body and a new original motion is in order. The matter may be discussed and &bated as if it were on the floor for the first time. 7-I Courtesy and Decorum The rules o[order are meant to create an atmosphere where the members of the body and the members of the public can attend to busincss efficicntly, fairly end with full participation. At the samc time, it is up to the chair and the members of the body to maintain common courtesy and decorum. Unless the setting is very informal, it is dweys bcst for onty onc pcrrcn at a timc to have thc floor, and it is alvrela bcst for evcry speakcr to bc first rccognizcd by the chair before proceeding to speak. The chair should always ensure that debate and discussion of an agenda item focuses on the item and the policy in question, not the personalities of the members of the body. Debate on policy is healthy, debate on personalities is not. The chair has the right to cut off discussion that is too personal, is too loud, or is too crude. Debate and discussion should be focused, but free and open. In the interest of time, the chair may, however, limit the time allotted to speakers, including members of the body. Can a member of the body interrupt the speaker? The general rule is "no." There are, however, exceptions. A speaker may be interrupted for the following reasons: Privilege. The proper interruption would be, "point of privilege." The chair would then ask the interrupter to "state your point." Appropriate points of privilege relate to anything thatwould interfere with the normal comfort of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person's ability to hear. Order. The proper interruption would be, "point of order." Again, the chair would ask the interrupter to "state your point." Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting. For example, if the chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. Appeal. If the chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the chair is deemed reversed. C-all for orders ofthe day. This is simply another way of saying, "return to the agenda." I[ a member believes that the body has drifted from the agreed-upon agenda, such a call may be made. It does not require a vote, and when the chair discovers that the agenda has not been followed, the chair simply reminds the body to return to the agenda item properly before them. If the chair fails to do so, the chair's determination may be appealed. Yhthdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn, although the chair may ask the person who seconded the motion if he or she wishes to make the motion, and any other member may make the motion if properly recognized. Specid Notes About Public Input The rules outlined above will help make meetings very public- friendly. But in addition, and particularly for the chair, it is wise to remember three special rules that apply to each agenda item: Rule One: Tell the public what the body will be doing. krle Two: Keep the public informed while the body is doing it. Rule llree When the body has acted, tell the public what the body did. I 7- NblqqHt I400 K Street, Sacramento, CA 958I4 (9I6) 658-8200 | Fax (916) 658-8240 www.cacltles.org To order additional copies of this publication, call (9I6) 658-8200. $10 @ 2011 League ofCalifornia Cities. All rights reserved. )Printed on recycled paper. RECEIVED ocT 2 8 20r{ CITY ADMINISTRATIONRECEIVED CITY CLERt('S OFFICE DATE: TO: FROM: RE: STAFF REPORT CITY CLERK'S OFFICE November 12,,2014 Honorable Members of the Vernon CommUNITY Fund Grant Committee Ana Barcia, Secretary V, A Resolution Setting Forth the Date, Time and Place for Regular Meetings of the Vernon CommUNITY Fund Grant Committee Recommendation lt is recommended that the Grant Committee: l.Find that adoption of the proposed resolution does not constitute a "project" pursuant to section 15378(bX2) of the Guidelines to the California Environmental Quality Act ("CEQA"), because it constitutes an administrative activity; and even if the adoption of the proposed resolution did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and Adopt a resolution to set the Vernon CommUNITY Fund Grant Committee ("VCF") regular meeting schedule to be on the third Wednesday of February, May, August, and November (second month of each quarter) at 10:00 a.m. Background On February 4,2014, the Vernon City Council adopted Ordinance No. 1218 which established the Vernon CommUNITY Fund Grant Committee ("Committee"). Pursuant to Vernon Municipal Code 2.162, the Committee shall have regular meetings at least twice per year, on dates and at times established by a resolution of the Committee. At each meeting, the Committee shall review grant proposals, consider the recommendations of the Executive Director, and determine whether to award grants based upon the requirements set forth in Ordinance No. 1218. City staff is recommending the Committee adopt a resolution establishing quarterly meetings on the third Wednesday of February, May, August, and November at 10:00 a.m., to be held in the Vernon City Council Chambers, beginning February 18,2015. The Executive Directorhas the ability to set special meetings with proper lO-day notification pursuant to the Vernon Municipal Code. 2. Fiscal Impact There is no fiscal impact. RESOLUTION NO. VCF- A RESOLUTION OF THE VERNON COMMUNITY FUND GRANT COMMITTEE OF THE CITY OE VERNON SETTING THE DATE, TIME AND PLACE FOR REGULAR MEETINGS WHEREAS, on Eebruary 4, 2014, the City Council of the City of Vernon adopted Ordinance No. l2l8 establishing the Vernon CommUNITY Fund Grant Committee (the "Committee") i and VIHEREAS, the Committee desires to set by resolution the date, time and place of regTular meetings of the Committee. NOW, THEREEORE, BE IT RESOLVED BY THE VERNON COMMUNITY FUND GRANT COMM]TTEE OE THE CITY OF VERNON AS FOLLOWS: SECTION 1: The Vernon CommUNITY Fund Grant Committee hereby finds and determines that the above recital-s are true and correct. SECTION 2: Effective November 12, 2014, the Vernon CommUNITY Eund Grant Committee hereby establ-ishes a regular schedule of meetings to be held quarterly in the City Council Chambers at 4305 Santa Fe Avenue, Vernon, California, on the third Wednesday of the months of February, Mdy, August and November at the hour of 10:00 a.m. If a regular meeting of the Commission is schedul-ed to fall on a recognized holid.y, said meeti-ng shall be cancelled. SECTION 3: The Secretary of the Commission shal-l certify to the passage, approval and adoption of this Resolution, and the Secretary shall cause this Resol-ution and the Secretary's certification to be entered in the FiIe of Resolutions of the Committee. APPROVED AND ADOPTED this 12th day of November, 2014. Name: Title:Chairperson / Vice Chairperson ATTEST: Ana Barcia, Secretary Counsel 2 STATE OE CALIEORNIA ) ) ss couNTY oE LOS ANGELES ) T, Ana Barcia, Secretary of the Vernon CommUNITY Eund Grant Committee of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. VCF- , was duly passed, approved and adopted by the Vernon CommUNITY Eund Grant Committee of the City of vernon at a special meeting of the committee dury herd on vfednesday, November 72, 2014, and thereafter was duly signed by the Chairperson or Vice Chairperson of the Committee. Executed this day of November, 2074, dt vernon, california. Ana Barcia, Secretary ( SEAL) 3- MINUTES OF THE SPECIAL VERNON COMMUNITY FUND GRANT COMMITTEE MEETING OF THE CITY OF VERNON HELD TUESDAY, SEPTEMBER 16, 2014, AT 12:30 P.M. IN CONFERENCE ROOM NO. 3, SECOND FLOOR OF CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Michel Ybarra, Steve Veres, Joaquin Castaneda, Jessica Maes, and Michael Gavina MEMBERS ABSENT: Yolie Flores (entire meeting) and Juliet Goff (entire meeting) The meeting was called to order at 12:32 p.m. PUBLIC COMMENT It was announced that this was the time allotted for public comment. No members of the public were present, no comments were made. TRAINING 1. Jemmott Rollins Group will provide orientation to Grant Committee members on the Vernon CommUNITY Fund website and procedures for review and recommendation of grants. Fran Jemmott of Jemmott Rollins Group (JRG) commenced the training. Self-introductions of the present Grant Committee members and staff were made. City Administrator Mark Whitworth reported on the Vernon CommUNITY Fund (VCF) history and creation. Committee Member Veres further reported on Vernon’s opportunity to assist surrounding communities. Jemmott explained the Committee’s purpose and reported on the process and use of the Vernon CommUNITY Fund website. In response to Veres, Jemmott reported on the announcement and outreach conducted. Veres recommended that schools and governmental agencies be included in the notification process. In response to Committee Member Castaneda, Jemmott described the oversight and requirements established to prevent potential misappropriation of funds. In response to Veres’ inquiries and concerns, Jemmott advised that the grant agreement letter, that all grant recipients will be required to sign, will include specific requirements regarding acknowledgment of the Vernon CommUNITY Fund contribution (including use of the VCF logo). In response to Committee Member Ybarra, Jemmott clarified the application review process, including the different steps performed by City staff, JRG, and the Committee. Castaneda and Veres sought clarification and expressed concerns related to balancing the role of ambassador and advocate for the VCF. Jemmott made recommendations on how to handle the situation and advised that potential applicants should be referred to JRG. In response to Veres’ concerns regarding the public review and grant award process, Jemmott advised that the Committee is advocating for principles that the VCF was created to address. Deputy City Administrator Kristen Enomoto reported on fund availability and ordinance requirements for disbursement. Availability for potential future meeting dates was established. Special Vernon CommUNITY Fund Grant Committee Meeting Minutes September 16, 2014 Page 2 of 2 Committee Member Gavina recommended the development of an overall strategy to help guide the decision-making process. Castaneda requested a rubric to aid the decision-making process. With no further business, the meeting was adjourned at 2:30 p.m. ________________________ Chairperson ATTEST: _________________________ Ana Barcia Deputy City Clerk STAFF REPORT VERNON CommUNlTY FUND GRANT COMMITTEE DATE: TO: FROM: RE: November 12,2014 Honorable Vernon CommUNITY Fund Grant Committee Mark C. Whitworth, Executive Di Award of Docket I Vernon Comm Recommendations It is recommended that the Grant Committee: 1) Find that the award of the grants proposed in this staff report is exempt under the Califomia Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment. 2) Award Docket I grants totaling $244,500 to the six applicants identified below at the amounts recommended: Applicant Original Amount Reouested Amount Recommended Proposed Term East Los Angeles Women's Center $54,000 $54,000 I year Southeast Rio Vista YMCA $150,000 $35,000 I year PlazaCommunity Services $75,000 $35,000 I year Rio Hondo Vernon Rotarv Club $50,000 $12,500 1 year California Children's Academy $250,000 $60,000 I year Boy Scouts of America LA Chapter $65,000 $48,000 1 year Total s579,000 $244,500 Background As one of the key elements of the City's good govemance reforms, the City Council created the Vernon CommLINITY Fund ("VCF") to provide grants to charitable and governmental entities for projects and programs that benefit those residing and working in Vernon. Given the exclusively industrial nature of Vernon, the City Council determined that the VCF was in best interest of the City and its residents, businesses, and workers. On September l, 2013, the City retained the services of Jemmott Rollins Group, Inc. ("JRG") to provide consultation, guidance, research and specialized administrative support services to the City Administrator and City staffrelated to the VCF. JRG has extensive experience in non-profit grant- making and gants management and specialized knowledge of ethics principles goveming the grant- making process. On February 4, 2014, the City Council adopted Ordinance No. l2l8 to establish the Vernon CommUNITY Fund Grant Committee ("Grant Committee") and provide the basic guidelines and operational procedures for said Committee and its officers, including those related to the allocation of funds and the processes for reviewing and ranking applications and awarding grants. Fiscal Year 2014-2015 Fundine Pursuant to Vernon Municipal Code Section2.164, the City Council appropriated $1,000,000 to the VCF for fiscal year 2014-2015. The Grant Committee is required to allocate frrnds in accordance with the following formula: 1) No less than 25%o of fwrds available in any fiscal year shall be awarded to proposals to expend frrnds on capital projects with a projected useful life of 10 years or more, or otherwise reserve such funds for such projects to be awarded in the future. 2) The remainder of available fi.rnds in any fiscal year may be awarded to proposals to expend funds on direct services. No single grant of this type shall be in an amount less than $5,000 or more than S250,000. a) The Grant Committee may award multi-year grants. For such grants, allfunds necessary to fund the entire grant must be available to the Committee in the year of the award. The total amount of any grant may not exceed $250,000, regardless of the number of years over which the grant funds are to be spent. The Grant Committee shall reserve sufficient funds to ensure that the grant can be fully funded without the appropriation of additional City funds in future years. In consideration of the minimum required set aside for capital projects, the total maximum amount of grant funds available for award to proposals for direct services during fiscal year 2014-2015 is $750,000. As such, JRG and City staff recorlmend the Grant Committee award a maximum of $250,000 in grants for direct services at each of three quarterly meetings proposed to occur this fiscal year, including this meeting. This will assure the availability of resources throughout the year and a level playing field for applicants. Criteria for Rankins Grant Proposals Pursuant to Vemon Mturicipal Code Section2.166, no grant shall be awarded unless doing so serves a municipal purpose of the City, and the Executive Director and Grant Committee must rank all proposals from eligible applicants using the following factors: l) The extent to which the funds will promote the health, safety, and welfare of persons residing or working within the Vernon Area. 2) The benefit anticipated to accrue to the Vemon Area. 3) The extent to which the public will appreciate that the benefits of the proposed actions were a direct result of the fi.rnding provided by the City of Vernon. 4) Evidence that the frrnds will be used by an organization with suffrcient capacity to do the work, and will be used effectively and without inefficiencies, waste or fraud. 5) For proposals for capital projects, the ability and commitment to fund the maintenance and repair of the project over the long term. Docket I Grant Applications As previously indicated, the first grant docket for the VCF contains six applications for review, deliberation, and award by the Grant Committee. A11 applicants meet the eligibility requirements set forth in Section 2.165 of the Vernon Municipal Code and all applications were thoroughly vetted by JRG and City staff using the aforementioned ranking criteria. Based on the application criteria, JRG's due diligence findings and the amount of frrnding available, the total amount of grant funding recommended for Docket I is $244,500. JRG staff has prepared a written summary for each grant application describing its merits and potential risks, which is attached hereto as Exhibit A. These materials and recommendations are to be used only as guiding documents for the Grant Committee's deliberation. The Grant Committee is expected to debate the content of each application at its November 12, 2014 meeting. The full applications are publicly available and can be accessed online at or at the City Clerk's Office at Vemon City Hall. Grant Agreement Upon award of grants by the Grant Committee, each grant recipient shall be required to execute a Grant Agreement in substantially the same form as attached hereto as Exhibit B. The Grant Agreement sets forth the terms and conditions of the grant, including the amorurt and purpose(s) of the grant, written reporting requirements, the refurn of any unused portion, and requirements respecting the use of the VCF logo. Fiscal Impact The total recommended grant award amount of $244,500 is included in the 2014-2015 City Budget and is within the recommended quarterly allocation of $250,000 for this fiscal year. Attachments Exhibit A Grant Application Summaries Grant Recommendation Form East Los Angeles Women's Center Type of Organization:Community, Health and Human Services YearFounded: I tgli Number of Board Members: r 6 Annuat Budget: I St,sao,tts Brief Narrative Description of the East Los Angeles Women's Center (ELAWC) strives to promote a place of safety, health and personal well-being to all women, girls and their families. The organization provides counseling to domestic violence victims, AIDS/HlV education and life skills training. EI.AWC focuses on providing Los Angeles' Latino population with equal access to health services and support in order to help communities become free from violence and abuse. Staff Summary of Request (Narrative): EIAWC requests funding to serve 75 women over a 12 month period by offering trusted and confidential interventions and helping enhance well-being for women and their families. With funds from the VCF, ELAWC will continue to provide individual counseling and therapeutic interventions for its clients. VCF funding will also support workforce development by enrolling women in job training and financial literacy classes. ELAWC is a well-established direct service provider in the East Los Angeles area. The organization has a broad base of support from governmental agencies and private foundations. Although the cost/benefit analysis indicates the cost per family will be high, ELAWC anticipates this initial investment will reduce the future costs of supporting women and families involved with domestic violence. '"""1h#* Amount Requested:S54,ooo Documents reviewed X Audit/lRS Form 990 X Board Member/Volunteer Staff List X Organizational Budget X Proposal Budget X Proposal fits with the mission/purpose of VCF Population(s) served:Families Beneficiaries and/or potential impact on the non- profi t/governmenta I !andscape : Victims of domestic violence in East l-A will have minimized barriers of access to health care, financial services, and social- economic advancement. Cost/Benefit:5720lfamily serued Fund this proposal?X Yes No Recommended Amount: I SS+,OOO over l year Suggested revision(s) to proposalfiund amount, if applicable: Staff recommends EI-AWC reapply for renewal funding at the end of its first grant term. Staff reviewer:Poursha Jackson Signed:Date: 8127 /2OL4 Grant Recommendation Form YMCA of Metropolitan Los Angeles-Southeast Rio Vista YMCA Type of Organization: I Health/Human Services/Sports and Recreation Year Founded: I fggz Number of Board Members: | 58 Annuat Budget: I St,3ss,tso (Southeast Rio Vista Branch) Brief Narrative of the The main mission and focus of the YMCA is to build community by utilizing a multi-pronged approach including youth development programs, healthy living programs and the promotion of social service. Based in Maywood, the Southeast Rio Vista YMCA is a new facility, having just opened one year ago. The YMCA provides a number of enrichment services for communities in southeast l-A, including: fitness classes, obesity prevention programs, senior services, swimming lessons, English Language Learner classes, civic/community engagement programs, parent support seruices and computer classes. Staff Summary of Request (Narrative): The Southeast Rio Vista YMCA is requesting generaloperating support to sustain the new branch. Much of the YMCA's income derives from membership and program fees; however, many of the members of the Southeast Rio Vista YMCA require either partial or full scholarships to join the YMCA and/or participate in its programmed activities. General operating support to the YMCA will support staffing, program development and overhead costs for the facility. As the only YMCA branch in the Vernon area, the Southeast Rio Vista YMCA currently offers 23 unique programs ranging from a Diabetes Prevention Program to a summer day camp for over 1,500 members. The Southeast Rio Vista YMCA is currently running a deficit in its annual budget. Staff believes this initial grant may be of assistance to the organization when seeking additional funding from other sources. Amount Requested:s150,000 Documents reviewed _x_ Audit/lRS Form 990 _x_ Board Member/Volunteer Staff List _x_ Organizational Budget _x_ Proposal Budget -x- Proposa! fits with the mission/purpose of VCF Population(s) served:Families, children/youth, seniors Beneficiaries and/or potential impact on the non- profi t/governmenta! !andsca pe : Supporting a relatively new athletic facility and community center in southeast Los Angeles can ease the strain on other community resources and provide another outlet for youth recreation. Cost/Benefit: | -SgA/attendee (Serves 1,694 attendees/members) Fund this proposal?x Yes No Recommended Amount: I SAS,OOO over l year Suggested revision(s) to proposal/fund amount, if applicable: Staff recommends providing general operating support to the Southwest Rio Vista YMCA for one year at 535,000 with a strong encouragement to apply for a renewal at the conclusion of the initial grant term based on performance. Staff recommends a reduced grant size due to the amount of funding available for the first round of grantmaking in 2014. Staff reviewer:Hayley Roberts Signed:Date: _lOJ _L7J 20L4 Grant Recommendation Form Plaza Community Services Type of Organization: I Community Service/Health and Human Services Year Founded: I 1905 Number of Board Members: | 9 Annuat Budget: i Ss.slt Brief Narrative Description of the Plaza Community Services (PCS) envisions itself as a network of workforce and human development centers across the Los Angeles area. PCS takes a wraparound approach to providing human services by providing programming to address housing, mental health, drug and alcohol abuse, parenting education, employment, health and education. All of the PCS centers are based in south or east Los Angeles; they estimate that they serve approximately 11,000 families annually. Recently, PCS opened two new childcare facilities in East Los Angeles in order to provide more childcare and education options in this area. Staff Analysis PCS is requesting funding for the A Trabajar! program. A Trabajar! collects donations of gently used clothing from individuals throughout LA County and distributes them to PCS clients. Each week every client can select up to five items of clothing to take home. PCS will also coordinate deliveries of used clothing to partner organizations throughout the city. A separate section of work appropriate business attire is maintained for the use of PCS clients also enrolled in job search and training programs. Project support for the A Trabajar! program will be used for efforts to publicize the program to both potential donors and clients. VCF grant funds will also contribute to the salaries of trained social workers hired to assist clients with their search for long-term employment and receive referrals to other programs if necessary. Currently the ATrabajar! program only operates out of PCS' East LA center, located in Boyle Heights. However, the program's clients come from all over the southeast Los currently serves approximately 200 families of week. Amount Requested:s75,ooo Documents reviewed X Audit/lRS Form 990 X Board Member/Volunteer Staff List X Organizational Budget X Proposal Budget X Proposal fits with the mission/purpose of VCF Population(s) served:Adults, families Adult residents of unincorporated East Los Angeles, particularly from the Boyle Heights area, would be the main beneficiaries of a proiect support grant from the VCF. Beneficiaries and/or potential impact on the non- profi t/governmental landscape: Cost/Benefit:-Sz for each family served annually Fund this proposal?X Yes No Recommended Amount: I S3S,OOO over l year Suggested revision(s) to proposalltund amount, if applicable: Staff recommends the VCF grant cover costs directly related to staffing the A Trabajar! program as noted in the submitted program budget. This grant amount will cover the cost of direct client assistance, staff salaries, insurance, training and transportation for staff working on A Trabajar! Staff recommends Plaza Community Services apply for a grant renewal at the end of its first grant term. Staff reviewer:Hayley Roberts Signed:Date: 9/5l2OL4 Grant Recommendation Form Rio Hondo - Vernon Rotary Club Foundation Type of Organization:Community Service Year Founded: I ZOOO Number of Board Members: r 5 Annual Budget: I SgZ,gaS Brief Narrative Description of the Rio Hondo-Vernon Rotary Club Foundation is the fund-raising arm of the Rio Hondo-Vernon Rotary Club. lt was incorporated in 2006 to provide funds to help advance community activities and causes. Although there are only 5 members of the board, there are about 40 members of the rotary club - approximately 15 are very active in fund-raising activities. Their main service activities include: providing books to local elementary schools, supporting the local lnteract Club (junior Rotary club at high school), proving food and toys to needy families, and awarding scholarships to local high school students on their way to college. Staff Summary of Request (Narrative): The foundation is requesting S50,000 to fund three projects: books/literacy (535,000), college scholarships (S10,000) and transportation for junior Rotarians' service projects (55,000). The foundation would like to provide 500 books to 13 elementary schools in the Vernon CommUNlTY Fund service area; 20 students with college scholarships; and provide transportation to three service projects for the Bell High School lnteract Club. Members of the Rio-Hondo Vernon Rotary Club Foundation are dedicated to the organization's mission. All of the organization's budgetary expenses are dedicated to program costs. However, the size ofthe grant request exceeds the organizational budget, indicating capacity and fundraising issues for the Rotary Club Foundation. Amount Requested:s50,ooo Documents reviewed X Audit/lRS Form 990 X Board Member/Volunteer Staff List X Organizational Budget X Proposal Budget X Proposal fits with the mission/purpose of VCF Population(s) served:Elementary and high school students at 21 schools in the Vernon CommUNlTY Fund area Beneficiaries and/or potential impact on the non- profi t/governmental landscape: This grant will allow the foundation to expand three projects: books/literacy, schola rships a nd tra nsportation for junior Rotarians service projects. More schools will get books, more students will get scholarships for college and the junior Rotarians at Bell High school will have transportation to three servrce Cost/Benefit: I SSOO/stuOent for scholarship; -S2700/school for books; -S1700/service project Recommended Amount: I Srz,Soo over l yearFund this proposal?X Yes No Suggested revision(s) to proposa!/fund amount, if applicable: Considering their current budget, staff recommends granting $tZ,5OO to the foundation for one year, with the option of renewal. Staff also recommends a matching grant requirement, meaning the Rio Hondo-Vernon Rotary Club Foundation will have to raise the same amount of funding from sources other than the Vernon CommUNlTY Fund. Staff reviewer:Fran Jemmott Signed:Date:8127/20t4 Grant Recommendation Form California Children's Academy Type of Organization:Child Care, Health/Human Services Year Founded: I June 7,797L Number of Board Members: t 5 Annuat Budget: I Ss,ss+,sss Brief Narrative of the The California Children's Academy provides comprehensive child care services to eligible low-income families that allows parents to receive state-subsidized pre-school and child care while they work. The agency also employs about 25 staff from the surrounding community. Almost 100 children are cared for year-round in a building that is rent-free and owned by the City of Los Angeles. Since L974, more than 4,000 children from the communities of Boyle Heights, Bell, Maywood, Commerce and Huntington Park have been served at this site. Childcare and learning activities focus on nurturing and supporting the children and their families through socialization, education and health promotion. Children are taught how to establish friendships and acceptance of all cultures and ethnicities as well as healthy diets in preparation for entering kindergarten. Staff Summary of Request (Narrative): The original application requested capital improvements amounting to 5250,000 on the building which is not owned by the agency. The application also provided general "guesstimates" of the costs rather than competitive bids from licensed contractors. While the building is routinely inspected and deemed safe by oversight agencies, it has not had any substantive improvements since 1974. Staff discussed the merits of the application with CCA's executive team, including the facilities manager, and proposed an alternative. lt was agreed that the Children's Academy would benefit from a general support grant that would allow them to upgrade some equipment for classrooms and play areas and would also support development of a plan for capital improvements by a qualified architect/engineer. The plan could then be presented to the City of Los Angeles for consideration of capital improvements that could be matched or otherwise supported by the Vernon CommUNlTY Fund. Amount Requested:s250,000 Documents reviewed _x_ Audit/lRS Form 990 _x_ Board Member/Volunteer Staff List _x_ Organizational Budget _x_ Proposal Budget _x_ Proposal fits with the mission/purpose of VCF Population(s) served:lnfants and young children up to five years and their families Beneficiaries and/or potential impact on the non- profit/governmenta! !andsca pe : Children who receive these services tend to be better prepared and perform better in school; develop protective health factors: and so on to become model citizens. Cost/Benefit: I $ltlchild (based on an attendance of 3,500 kids per week) Recommended Amount: I S0O,OOO over l yearFund this proposal? _x_ Yes _No Suggested revision(s) to proposal I fund amou nt, if a pplicable : Children's Academy agreed to accept a general operating grant to support their services and to help them develop a more robust application for capital improvements in the next or subsequent grant periods. Staff reviewer:Fran Jemmott Signed:Date: _10_,/ _27J _2074- Grant Recommendation Form Boy Scouts of America, Los Angeles Area Council Type of Organization:Community Service Year Founded: I fgfS Number of Board Members: r 35 Annual Budget: I SS,SSt,9a8 Brief Narrative of the The Boy Scouts of America, Los Angeles Area Council operates as part of the larger Boy Scouts of America (BSA) to provide developmental support, counseling and activities to youth in the Los Angeles area. BSA Los Angeles Area Council endeavors to provide viable options to high-risk, high-need neighborhoods by offering urban scouting experiences that include camping trips, hiking and interactive educational programs. Staff Ana Summary of Request (Narrative): The Boy Scouts of America, LA propose to provide inner-city youth with the opportunity to experience nature and build social and practical skills by supplying camperships, counseling and troop activities. Proposed grant activities include camping trips, fiscal responsibility and workforce readiness instruction and providing scouts with an opportunity to earn badges by demonstrating proficiency in specific areas. These activities would inherently promote physical fitness and overall wellness. The balance on the submitted program budget shows a total of 548,206 for one "Cub Pack"/"Scout Troop" unit comprised of 50 children. Funding from VCF would enable to the Boy Scouts to serve an additional 140 children, according to the budget. Amount Requested:S65,ooo Documents reviewed X Audit/lRS Form 990 X Board Member/Volunteer Staff List X Organizational Budget X Proposal Budget _)! Proposal fits with the mission/purpose of VCF Population(s) served:Children, adolescents & teens (ages 4-15) in the LA County area. Beneficiaries and/or potential impact on the non- | the proposed program could potentially benefit up to 100 profit/governmental landscape: I children in the southeast Los Angeles area. Cost/Benefit: I 5250 - SSOO per child (for 60-100 children/adolescents) Fund this proposal?X Yes No Recommended Amount: I S+a,OOO over l year Suggested revision(s) to proposal/fund amount, if applicable: The proposal as currently written does not specify the percentage of children from the "Vernon area" currently enrolled in the Boy Scouts program. lnformation about this is still forthcoming. Staff recommends restricting funding to the support of children from the Vernon area as defined in the eligibility requirements. Staff reviewer:James Hull Signed:Date: 9/11/2Ot4 Exhibit B Grant Agreement On [INSERT DATE] the Vernon CommUNlTY Fund (Grantor) awarded a grant to [INSERT ORGANIZATION] (Grantee) in the amount of SilNSERT AMOUNTI to support the following purposes: To support [INSERT oRGANTZATTON MTSSTON AND PROJECT DESCRTPTTONI Grantor and Grantee agree to the following terms and conditions of the grant: 1. Scope of Work: Please refer to the workplan approved by the Vernon CommUNlTY Fund Grant Committee. Grantee shall use the grant solely for the purposes stated above, and Grantee shall repay to Grantor any portion of the amount granted which is not used for those purposes. Any changes in the purposes for which grant funds are spent must be approved in writing by Grantor before implementation. 2. Amount of Grant: S[INSERT AMOUNT], payable upon the Vernon CommUNlTY Fund's receipt of this executed Grant Agreement. 3. Conditions of Agreement: Grantee agrees to the following conditions: A. Reports. Grantee shall submit written reports to The Vernon CommUNlTY Fund as follows: o A narrative report describing in detail the use of the granted funds, compliance with the terms of the grant and the progress made toward achieving the purposes of the grant. A financial report detailing all expenditures resulting from the grant. o A copy of materials (if applicable) produced as part of the grant. The schedule for such reports is: Final report: [INSERT DATE] Please submit your report using your FluidReview account. lf you have any questions about the grant report, please reach out to Hayley Roberts, Senior Program Associate, The Vernon CommUNlTY Fund by email at or call her at 323.351.1198. B. Expenditure of Grant Funds. Any funds not expended in accordance with the terms of this agreement must be returned to Grantor. Grantee shall not use any portion of the funds granted herein to engage in any Brassroots or direct lobbying, to intervene in any political campaign on behalf of or in opposition to any candidate for public office, to fund union activity, to induce or encourage violations of law or public policy, to cause any improper private benefit to occur, nor to take any other action inconsistent with Section 501(cX3) ofthe lnternal Revenue Code. C. PATRIOT Act. Grantee agrees that it will use the grant funds in compliance with all applicable anti- terrorist financing and asset control laws, regulations, rules and executive orders, including but not limited to the USA Patriot Act of 2001. D. Return of Funds. lf Grantor, in its sole discretion, determines that Grantee violates or fails to carry out any provision of this Agreement, Grantor may, in addition to any other legal remedies it may have, refuse to make any further payments to Grantee, and Grantor may demand the return of all or part of the unexpended grant funds, which the Grantee shall immediately repay to Grantor. E. Records and Audits. Grantee must maintain these grant funds in a separate fund dedicated to charitable purposes. A systematic accounting record shall be kept by Grantee of the receipt and expense of such funds. Grantee shall retain original substantiating documents related to specific expenditures and make these records available for Grantor's review upon request. Grantee shall be responsible for maintaining adequate financial records of this grant. F. No Further Obligations by Grantor. This grant is made with the understanding that Grantor has no obligation to provide other or additional support or grants to Grantee. G. Subgrantees. With regard to the selection of any subgrantees to carry out the purposes of this grant, Grantee retains full discretion and control over the selection process, acting completely independently of Grantor. There is no agreement, written or oral, by which Grantor may cause Grantee to choose any particular subgrantee. H. Licensing and Credentials. Grantee hereby agrees to maintain, in full force and effect, all required governmental or professional licenses and credentials for itself, its facilities and for its employees and all other persons engaged in work in conjunction with this agreement. l. Organizational and Staff Changes. Grantee agrees to provide immediate written notice to Grantor if significant changes or events occur during the term of this Agreement which could potentially impact the progress or outcome of the grant, including, without limitation, changes in: a) the Grantee's executive staff or key staff responsible for achieving the grant purposes, or b) losses in funding. ln the event that Grantee ceases its operations, Grantee shall transfer any property purchased with the grant funds to Grantor. J. Liability, Disclaimers and lnsurance Requirements. Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless Grantor, its officers, directors, trustees, employees and agents, from and against any and all claims, liabilities, losses and expenses (including reasonable attorneys' fees) directly, indirectly, wholly or partially arising from or in connection with any act or omission of Grantee, its employees or agents, in applying for or accepting the grant, in expending or applying the funds furnished pursuant to the grant or in carrying out the program or project to be funded or financed by the grant, except to the extent that such claims, liabilities, losses or expenses arise from or in connection with any act or omission of Grantor, its officers, directors, trustees, employees or agents. Grantees receiving grants in the amount of 575,000 or more shall obtain from their insurance carriers certificates of insurance naming The Vernon CommUNlTY Fund as additional insured. K. ldentification of Grantor. Grant does not imply Granto/s sponsorship or endorsement. All of Grantee's proposed external communications regarding Grantor or this grant, including approval of any Grantor sponsorships, endorsements or use of the Grantor's logo, shall be submitted first to Grantor for its review and approval. L. Entire Agreement. Grantor reserves the right to withhold or suspend payments of grant funds if Grantee fails to comply strictly with any of the terms and conditions of the Agreement. This Agreement shall supersede any prior oral or written understandings or communications between the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. This Agreement may not be amended or modified, except in a written document signed by both Grantor and Grantee. lN WITNESS WHEREOF, the parties have executed this Grant Agreement effective on theday of ,20- INSERT NAME], Grantee Authorized Signature Printed Name Title Date THE VERNON COMMUNITY FUND, GTantoT Authorized Signature Printed Name Title Date