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HomeMy WebLinkAbout2016-06-13 16-247 ORDERCOUNCIL ACTION Item No. 16-247 Date: June 13, 2016 Item/Subject ORDER, Authorizing the City Manager to Accept an $8,000 Grant from the American Association of Retired Persons to Develop an Age -Friendly Action Plan Responsible Department: Public Health & Community Services Commentary: This Order will authorize the City Manager to accept a grant in the amount of $8,000 from the American Association of Retired Persons to develop an age -friendly action plan based on the AARP Network of Age -Friendly Communities approach. The project involves deep community engagement in the city's neighborhoods, with several community forums across the city. The project will utilize the AARP's 8 Domains of Livability as a guide for the data collection. The work will be coordinated with the Bangor Mayor's Innovative Neighborhoods Program, in which AARP is a participant. The funding will be used for a resident survey and for consulting services for inventory and analysis, to conduct committee focus groups and to write the final report. The term of the grant is 5/20/2016 to 12/10/2016. Patty Hamilton Department Head Manager's Comments: City Manager Associated Information: Order Budget Approval: Finance Director Legal Approval: ity solicitor Introduced for x Passage First Reading Page _ of _ Referral Assigned to Councilor Durgin CITY OF BANGOR 16-247 JUNE 13, 2016 (TITLE.) ORDER, Authorizing the City Manager to Accept an $8,000 Grant from the American Association of Retired Persons to Develop an Age - Friendly Action Plan BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT: The City Manager is authorized to accept a grant from the American Association of Retired Persons in the amount of $8,000 and to execute a Memorandum of Understanding (MOU) to develop an age -friendly action plan, in accordance with the terms and conditions of attached Grant MOU. The term of the grant is May 20, 2016 to December 10, 2016. IN CITY COUNCIL JUNE 13, 2016 CITY CLERK Grant Memorandum of Understanding May 20, 2016 Cathy Conlow, City Manager Bangor City Hall 73 Harlow Street Bangor, ME 04401 Dear Cathy, 16-247 JUNE 13, 2016 AARP is delighted to offer the City of Bangor a grant of $8000 to develop an age -friendly action plan. The funding will be used for a resident survey and for consulting services for inventory and analysis, to conduct committee focus groups and to write the final report. This letter and the attached exhibits ("Agreement") sets out the agreement between AARP, a social welfare organization described in Section 501(c)(4) of the Internal Revenue Code ("Code"), and the Grantee, a municipal corporation in the State of Maine. AARP will provide funds to the Grantee and the Grantee will perform the activities described in the Scope of Work attached as Exhibit A in accordance with the Approved Budget also included in Exhibit A. The line items in Exhibit A may be amended from time to time in a writing reflecting mutual agreement between the parties. Term The term of this Agreement shall commence on May 20, 2016 or upon full execution of this Agreement, and shall automatically terminate on December 10, 2016, (the "Term"), unless the parties otherwise agree, in writing, to extend the Term. Reporting Requirements and Payment Terms The Grantee shall submit financial and programmatic reports to AARP that describe progress on the achievement of the activities in the Scope of Work on July 30, 2016, and with each payment request.. Each report shall include a financial accounting of actual expenses incurred for all services rendered in the Scope of Work. Additionally, the reports shall include (1) A Narrative on programmatic activities, and (2) A Description of how the funds were spent. A final report is due thirty days after the expiration of the grant. Upon completion, all reports are to be forwarded via email to AARP's attention at the following addresses: Lori Parham, 1parham@aarp.org Peter Morelli, pmorelli@aarp.org Initial payment of half the grant amount will be provided within 45 days of execution of the Agreement, if requested. Final payment shall be made within 30 days of receipt of a final report and satisfactory completion of the project. Use of Funds for Tax -Exempt Purposes Grant funds may not be used to intervene in any political campaign on behalf of or in opposition to any candidate for public office or to carry on directly or indirectly any voter registration drive; or to undertake any activity that would be outside the scope of AARP's social welfare mission or in violation of AARP's tax-exempt status under Code section 501(c)(4). 16-247 JUNE 13, 2016 Acknowledgment and Use of Trademarks Grantee shall acknowledge AARP in any press releases, public announcements or publicly available documents related to this Agreement and/or the activities in the Scope of Work. Grantee agrees to obtain prior written approval of releases or other materials from AARP in each instance. The Grantee may use the AARP logo to acknowledge AARP's support of this survey project and the related age friendly project. For all other uses of the AARP Trademarks, the Grantee must first obtain written permission of AARP. The Grantee also grants AARP a royalty -free, nonexclusive license to use its trademarks, including its corporate logo and name, solely in connection with the grant until the termination of this Agreement. AARP shall promptly provide Grantee with a copy of any material it may distribute that incorporates Grantee's marks. Any license granted to use either party's trademark will not be transferable in any way and shall automatically be revoked at the time this Agreement is terminated, except as provided in any other Agreement between the parties. In addition, both organizations may terminate any license to use its trademark at any time and for any reason upon written notice to the other. Representations and Warranties Grantee hereto represents and warrants that at all times during the Term of this Agreement: (i) it shall not take any action or perform a service that would tarnish the name, reputation or brand of AARP; (ii) all content and materials produced under this Agreement by the Grantee ("Work Product") are Grantee's original work (except for those materials clearly identified as third party materials). No materials provided by the Grantee to AARP will infringe upon, violate, or misappropriate any intellectual property or other rights of any third party, including the rights of privacy and publicity. If the Grantee uses any third party materials in the Work Product, the Grantee is responsible for obtaining written permission from the third party; (iii) The activities included in the Work Product and the authorized use by AARP as set forth herein will not give rise to any allegation of libel, slander, defamation or other similar claims; (iv) if necessary, Grantee shall enter into written agreements and obtain written releases ("Clearance Agreements") ensuring that all Work Product can be used by the Grantee and AARP, throughout the world, in perpetuity. Such Clearance Agreements shall include, but are not limited to personal appearance releases, location releases, talent agreements, independent contractor agreements, music agreements and stock footage and photo agreements. Upon AARP's request, Grantee shall immediately deliver any or all Clearance Agreements to AARP; and (v) Grantee and its employees will comply with all local, state and federal laws, ordinances, regulations and orders with respect to its performance under this Agreement. Insurance At all times during the term of this Agreement, both parties, individually, shall carry and maintain in full force and effect comprehensive general liability and professional liability in an amount not less FA 16-247 JUNE 13, 2016 than One Million dollars ($1,000,000), and workers' compensation insurance in an amount as required by applicable law covering all personnel engaged in the furnishing of services under this Agreement. Indemnification The Grantee shall at all times indemnify and hold harmless AARP, its affiliates, licensees, assignees and parent, subsidiary and affiliated entities and the officers, directors, shareholders, employees and agents of all such entities (collectively "Indemnified Parry") against and from any and all third -parry claims, damages, liabilities, costs and expenses (including, without limitation, reasonable outside counsel fees and disbursements) arising out of Grantee's performance under this Agreement. In the event of any claim or service of process upon the Grantee involving the Grantee's performance under the Agreement, the Grantee shall promptly notify AARP. The Grantee will promptly adjust, settle, defend or otherwise dispose of such claim at its sole cost. The Indemnified Party shall have the right at its sole cost to engage its own counsel in connection with such claim. In the event that the Indemnified Party determines that the Grantee is not diligently and continuously defending any such claim, the Indemnified Party shall have the right, on its behalf and as attorney-in-fact for Grantee, to adjust, settle, defend or otherwise dispose of such claim. Any costs incurred by the Indemnified Parry in connection therewith shall be promptly reimbursed by the Grantee, and if the Grantee fails to so reimburse the Indemnified Party, Indemnified Party shall be entitled to collect such costs through any lawful process including but not limited to deducting such amounts from any other sums payable to the Grantee under the Agreement. Documentation Requirements & Right to Audit The Grantee shall retain invoices, receipts, accounting records and other supporting documentation for at least five (5) years after the end of the grant. The Grantee shall maintain books and records consistent with generally accepted accounting principles and good business practices. AARP shall have the right to audit Grantee's books and records with reasonable notice, to confirm that funds are expended by Grantee solely in the performance of the activities noted in the Scope of Work. Use of Funds. Repayment and Refunds The Grantee shall use the funds exclusively in the performance of the Scope of Work. If Grantee anticipates a change in the Scope of Work, prior written approval must be obtained, in each instance, from AARP. In the event that AARP reasonably determines that any funds were used by the Grantee for purposes other than the performance of the Scope of Work, the Grantee shall promptly reimburse AARP for the amount of such improperly expended funds. At the conclusion of the Agreement, the Grantee shall refund to AARP any funds that have not been expended by the Grantee in the performance of the Agreement. Termination Notwithstanding any provision to the contrary herein, this Agreement may be terminated by AARP, in whole or in part, whenever AARP, in its sole discretion, shall determine such termination is in the best interest of AARP. Any such termination shall be by written notice to Grantee. Payment for satisfactory work performed and/or covered expenses incurred up to the date of termination, computed in accordance with the terms of this Agreement and as determined by AARP, shall be made to Grantee (or, if already made, shall not need to be refunded), but not in excess of the total amount provided for by this Agreement. Furthermore, AARP has the right to require the immediate 16-247 JUNE 13, 2016 refund of all improperly expended and/or unearned funds, if the Grantee fails to comply with the terms of this Agreement, as determined by AARP in its sole discretion. Confidentiality and Privacy The parties shall take all commercially reasonable measures to protect information obtained from the other party that is either marked "confidential" or the receiving party has reason to believe is confidential. Grantee shall not rent, sell, lease, distribute, or otherwise knowingly make available any information obtained from AARP about any Activity participant or AARP member to any third party, except (i) with the prior written consent of such individual; or (ii) if required to do so pursuant to a valid subpoena or court order. This paragraph shall survive the expiration or termination of this Agreement. Miscellaneous Grantee shall not assign, or otherwise transfer this Agreement. This Agreement may not be amended or modified except in writing signed by both parties. This Agreement shall be governed by the laws of the Maine and the parties agree to be subject to the exclusive jurisdiction of the appropriate court of record in Maine. If any provision of this Agreement shall be held to be void, invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision of this Agreement is void invalid or unenforceable, but if by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. Nothing in this agreement shall be deemed to create a relationship of partners, joint venturers, employer-employee, master -servant, or franchisor -franchisee between the parties. Sincerely, Lori Parham AARP Maine State Director ACCEPTED AND AGREED: Cathy Conlow, City Manager, Bangor, Maine Date 16-247 JUNE 13, 2016 EXHIBIT A SCOPE OF WORK The purpose of the grant of $8000 to the City of Bangor, Maine, is to prepare an age -friendly action plan based on the AARP Network of Age -Friendly Communities approach. The project involves deep community engagement in the city's neighborhoods, with nine community forums across the city. The project will utilize the AARP's 8 Domains of Livability as a guide for the data collection. The work will be coordinated with the Bangor Mayor's Innovative Neighborhoods Program, in which AARP is a participant. Budget Item Additional Information $3500. Contracted For focus group facilitator, to set up and facilitate nine focus services, groups. consultant costs $1500. Office For survey of older residents costs and associated mail. Materials & Supplies $3000. Data analysis Deeper analysis of data from AARP Research Bangor survey, and from from nine focus group, and report writing in support of the action community plan required by the AARP Network of Age Friendly forums Communities. $8000 TOTAL 5