HomeMy WebLinkAbout26-157 Cupertino Grant Agreement - Wreaths Across America - signedCITY OF CUPERTINO GRANT FUNDING AGREEMENT
This Grant Agreement ("Agreement") is entered into between the City of Cupertino, a municipal
corporation ("City"), and American Legion Stevens Creek Post 642, a non-profit public benefit
corporation ("Grantee"), together, the "Parties." The allocation of funds pursuant to this
Agreement will be a grant. This Agreement is effective on the last date signed below ("Effective
Date").
The Parties agree as follows:
1. Purpose of Grant. This is a grant for Wreaths Across America as more specifically
described in Exhibit A to this Agreement ("Grant Project" or "Grant Project Description"),
and all work funded by this Agreement shall be completed in accordance with the Grant
Project Description.
2. Term. This Agreement begins on the Effective Date and ends on June 30, 2027, unless
terminated earlier as provided herein.
3. Grant. The total grant funding provided pursuant to this Agreement shall not exceed the
total sum of Five Thousand dollars ($5,000.00) for work in connection with the Grant
Project (the "Grant Funds").
4. Disbursement of Grant Funds. The City will not disburse Grant Funds to Grantee until
(1) this Agreement is fully executed, and (2) signed Federal Taxpayer ID Number Form
(substitute IRS Form W-9) has been submitted.
5. Use of Grant Funds. In accepting grant funds, Grantee agrees that it shall use or expend
grant funds, or any portion thereof, only as provided for in this Agreement and, without
limiting the generality of the foregoing, agrees to purchase materials, equipment, or other
property specified in Exhibit A only for use in connection with the Grant Project
authorized by this Agreement except as may be otherwise provided herein.
6. Grantee Obligations.
6.1 Performance. Grantee shall carry out the Grant Project to the best of Grantee's
ability and in accordance with the generally accepted professional and ethical
standards of Grantee's profession and community and currently approved methods
and practices in Grantee's field and in accordance with the standards required by
the Grant Project Description.
6.2 Compliance with Laws.
a. Grantee shall observe and comply with all applicable laws, ordinances,
codes, and regulations of governmental agencies, including without
limitation all provisions of the Occupational Safety and Health Act of 1979,
Title VII of the Civil Rights Act of 1964, the Immigration Reform and
Control Act of 1986 and all other applicable federal, state, and local laws.
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b. Grantee represents and warrants to City that it has all licenses, permits,
qualifications, and approvals of whatsoever nature which are legally
required for Grantee to complete the Grant Project.
C. Grantee shall comply with all labor laws applicable to this Agreement. If
the Grant Project Description includes a "public works" component, Grantee
is required to comply with prevailing wage laws under Labor Code Section
1720 and other labor laws.
d. Grantee shall not discriminate on the basis of race, religious creed, color,
ancestry, national origin, ethnicity, handicap, disability, marital status,
pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired -
Immune Deficiency Syndrome (AIDS), or any other protected
classification. Grantee shall comply with all anti -discrimination laws,
including Government Code Sections 12900 and 11135, and Labor Code
Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting
harassment and discrimination, Grantee understands that harassment and
discrimination directed toward a job applicant, an employee, a City
employee, or any other person, by Grantee or its employees, contractors, or
sub -contractors will not be tolerated.
6.3 Not an Employee. Grantee and the agents, employees, contractors, and
subcontractors of Grantee shall act in an independent capacity and not as officers
or employees or agents of City. Grantee acknowledges and promises that City is
not acting as an employer to any individuals furnishing services or work pursuant
to this Agreement.
6.4 Benefits and Taxes. Grantee shall not have any claim under this Agreement or
otherwise against City for seniority, vacation time, vacation pay, sick leave,
personal time off, overtime, health insurance, medical care, hospital care, insurance
benefits, social security, disability, unemployment, workers compensation or
employee benefits of any kind. Grantee shall be solely liable for and obligated to
pay directly all applicable taxes, including, but not limited to, federal and state
income taxes, and in connection therewith Grantee shall indemnify and hold City
harmless from any and all liability that City may incur because of Grantee's failure
to pay such taxes.
6.5 Return of Unused Grant Funds. Any Grant Funds not expended for the Grant
Project and substantiated in the Grant Report described in Section 7, below, shall
be reimbursed to the City no later than fifteen (15) business days after submission
of the Grant Report.
7. Grant Report. By the fifteenth (15th) business day of July in the fiscal year following
disbursement of the Grant Funds, Grantee must submit to the City a written report (the
"Grant Report") proving that Grant Funds have been spent in the matter and for the
purposes stated in the grant application. The Grant Report shall include, at a minimum, a
description of the work completed, a description of what the Grant Funds were spent on,
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substantiating documentation for grant expenditures (e.g., invoices, timesheets), and
information about the number of persons served and other results that benefit Cupertino.
The Grant Report shall also identify whether all Grant Funds were expended.
8. City Obligations. City shall make timely grant disbursements and may provide, at its
expense, such services of its officers and employees and such use of its premises, facilities,
supplies, and equipment as the City in its sole discretion determines is necessary in
connection with the administration or monitoring of this Agreement. Grantee shall not use
any such City services, premises, facilities, supplies, or equipment for any purpose other
than in the performance of Grantee's obligations under this Agreement.
9. Grant Coordination.
City Grant Manager. City assigns Jacinta Liang as the City's representative(s) for all
purposes under this Agreement, with authority to oversee the progress and performance of
the Grant Project. City reserves the right to substitute another grant manager at any time,
and without prior notice to Grantee.
Grantee Project Manager. Subject to City approval, Grantee assigns Dennis Whittaker as
its single representative for all purposes under this Agreement, with authority to oversee
the progress and performance of the Grant Project. City written approval is required prior
to substituting a new representative.
10. Notice. All notices, requests and approvals must be sent in writing to the persons below,
which will be considered effective on the date of personal delivery or the date confirmed
by a reputable overnight delivery service, on the fifth (5th) calendar day after deposit in
the United States Mail, postage prepaid, registered or certified, or the next business day
following electronic submission:
To City of Cupertino:
10185 N Stelling Road
Cupertino, CA 95014
Attention:
Jacinta Liang - Community Funding
Email: communityfunding@cupertino.org
To Grantee:
PO Box 302,
Cupertino, CA 95015
Attention:
Dennis Whittaker
Email: denwhittak@gmail.com
11. Assignments and Subcontracts. Grantee shall not assign, sublease, hypothecate, or
transfer this Agreement, or any interest therein, directly or indirectly, by operation of law
or otherwise, without prior written consent of City. Any attempt to do so will be null and
void. Any changes related to the financial control or business nature of Grantee as a legal
entity is considered an assignment of the Agreement and subject to City approval, which
shall not be unreasonably withheld. Control means fifty percent (50%) or more of the
voting power of the business entity.
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12. Retention of Records. Grantee must maintain complete and accurate accounting records
relating to its performance in accordance with generally accepted accounting principles.
The records must include detailed information of Grantee's performance, benchmarks and
deliverables, which must be available to City for review and audit. The records and
supporting documents must be kept separate from other records and must be maintained
for five (5) years from the date of City's final payment.
13. Conflicts of Interest. Grantee shall comply with all conflict of interest laws applicable to
this Agreement and must avoid any conflict of interest. Grantee warrants that no public
official, employee, or member of a City board or commission who might have been
involved in the making of this Agreement, has or will receive a direct or indirect financial
interest in this Agreement, in violation of California Government Code Section 1090, et
seq. Grantee may be required to file a conflict of interest form if Grantee makes certain
governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2
of the California Code of Regulations. Grantee agrees to abide by the City's rules
governing gifts to public officials and employees.
14. Rights to Material Produced.
14.1 Grantee agrees that all original writings, sound recordings, pictorial reproductions,
drawings, data, computer programs, and other works of similar nature produced in
the course of or under this Agreement, are subject to the rights of City as set forth
in this section. City shall have the right to reproduce, publish, and use all such work,
or any part thereof, in any manner and for any purpose whatsoever and to authorize
others to do so. If any such work is copyrightable, Grantee may copyright the same,
except that, as to any work which is copyrighted by the Grantee, the City reserves
a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, and use
such work, or any part thereof, and to authorize others to do so. Grantee agrees to
deliver a reproducible copy of such documents and materials to City upon request.
14.2 City may, in its sole discretion, require Grantee to identify or credit City as the
funding agency or source for all materials or products generated or produced by
Grantee pursuant to the Grant Project Description. This identification or credit may
take the form of a logo or other representative mark of City or representative
wording (e.g. "funded in whole or in part by the City of Cupertino") which is
printed or applied directly on or to those materials or products. Grantee shall not
use City materials including logos, flyers, etc., without written permission from
City.
14.3 Except as otherwise provided in this Agreement, Grantee shall have and retain title
to all real or personal property purchased or funded with grant funds; provided,
however, that City may require, as an additional condition of eligibility for grant
funds and in advance of approval of this Agreement, that the Grantee provide
security to City in order to ensure the performance of Grantee's obligations under
this Agreement and that those obligations are performed consistent with the terms
and conditions of this Agreement.
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15. Intellectual Property. Grantee represents and warrants that it has the legal right to utilize
all intellectual property it will utilize in carrying out the Grant Project. Grantee shall
indemnify and hold City harmless from all loss and liability, including attorneys' fees,
court costs, and all other litigation expenses for any infringement of the patent rights,
copyright, trade secret, or any other proprietary right or trademark, and all other intellectual
property claims of any person or persons in consequence of the use by City, or any of its
officers or agents, of articles or work to be carried out in the performance of this
Agreement.
16. Publicity. Any publicity generated by Grantee for the Grant Project under this Agreement,
during the term of this Agreement and for one (1) year thereafter, will reference the City's
contributions in making the Grant Project possible. The words "City of Cupertino" will be
displayed in all pieces of publicity, including flyers, press releases, posters, brochures,
public service announcements, interviews, and newspaper articles. No signs may be posted,
exhibited, or displayed on or about City property, except signage required by law or this
Agreement, without prior written approval from the City.
17. Indemnification. To the fullest extent permitted by law, Grantee agrees to indemnify,
defend, and hold harmless City, its employees, agents, and officials, from any liability,
claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory
proceedings, losses, expenses or costs (including, without limitation, costs and fees of
litigation) of any kind whatsoever without restriction or limitation, incurred in relation to,
as a consequence of or arising out of or in any way attributable actually, allegedly or
impliedly, in whole or in part, to the performance of this Agreement. All obligations under
this provision are to be paid by Grantee as they are incurred by the City. This Section 17
shall survive termination of the Agreement.
18. Termination. Either party may terminate this Agreement, with or without cause, by
providing thirty (30) days' notice in writing to the other party. The City may terminate this
Agreement at any time without prior notice in the event that Grantee commits a material
breach of the terms of this Agreement. Upon termination, this Agreement shall become of
no further force or effect whatsoever, and each of the Parties hereto shall be relieved and
discharged from their obligations under this Agreement, subject to payment for acceptable
grant implementation work carried out prior to the expiration of the notice of termination.
Notwithstanding the foregoing, all provisions which by their nature must continue after the
Agreement expires or is terminated shall survive the Agreement and remain in full force
and effect, including but not limited to the Funding Agency Requirements, if applicable);
Grantee Obligations, Benefits and Taxes (Section 6.4); Retention of Records (Section 12);
Rights to Material Produced (Section 14); Intellectual Property (Section 15);
Indemnification (Section 17); Governing Law, Venue, and Dispute Resolution (Section
19); and Attorneys' Fees (Section 20).
19. Governing Law, Venue, and Dispute Resolution. This Agreement is governed by the
laws of the State of California. Any lawsuits filed related to this Agreement must be filed
with the Superior Court for the County of Santa Clara, State of California. Grantee must
comply with the claims filing requirements under the Government Code prior to filing a
Page 5 of 8
civil action in court. If the Parties elect arbitration, the arbitrator's award must be supported
by law and substantial evidence and include detailed written findings of law and fact.
20. Attorneys' Fees. If City initiates legal action, files a complaint or cross -complaint, or
pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in
connection with this Agreement, the prevailing party will be entitled to reasonable
attorneys' fees and costs.
21. Waiver. Neither the acknowledgement of work or disbursement of grant funds pursuant to
this Agreement shall constitute a waiver of any rights or obligations arising under this
Agreement. The failure by the City to enforce any of Grantee's obligations or to exercise
City's rights shall in no event be deemed a waiver of the right to do so thereafter.
22. Notice of Nonrenewal. Grantee understands and agrees that there is no representation,
implication, or understanding that Grantee may be entitled to grant funds in the future or
that the work or other activity funded by City pursuant to this Agreement will be funded
by the City under a new agreement following expiration or termination of this Agreement.
Grantee waives all rights or claims to notice or hearing respecting any failure by City to
continue to fund all or any such activities by Grantee following the expiration or
termination of this Agreement.
23. Third Party Beneficiaries. There are no intended third party beneficiaries of this
Agreement.
24. Entire Agreement. This Agreement represents the full and complete understanding of
every kind or nature between the Parties, and supersedes any other agreement(s) and
understanding(s) on this subject, either oral or written, between the Parties. Any
modification of this Agreement will be effective only if in writing and signed by each
Parry's authorized representative. No verbal agreement or implied covenant will be valid
to amend or abridge this Agreement. If there is any inconsistency between any term, clause,
or provision of the main Agreement and any term, clause, or provision of the attachments
or exhibits thereto, the terms of the main Agreement shall prevail and be controlling unless
otherwise indicated.
25. Severability. If any term or provision of this Agreement, or its application to a particular
situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or
provision shall remain in force and effect to the extent allowed by such ruling. All other
terms and provisions of this Agreement or their application to specific situations shall
remain in full force and effect. The Parties agree to work in good faith to amend this
Agreement to carry out its intent.
26. Execution. Each individual executing this Agreement, on behalf of one of the Parties,
represents that he or she is duly authorized to sign and deliver the Agreement on behalf of
such party and that this Agreement is binding on such party in accordance with its terms.
This Agreement may be executed in two or more counterparts, each of which shall be
deemed an original, but all of which taken together shall constitute one and the same
instrument.
Page 6 of 8
IN WITNESS WHEREOF, the Parties have caused the Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
k&CA&U'- saae-r
By
Name Rachelle Sander
Title Director of Parks and Recreation
Date 09/17/2026
APPROVED AS TO FORM:
Michaet k Woo
MICHAEL K. WOO
Senior Assistant City Attorney
ATTEST:
LaL&on sapudav
LAURENSAPUDAR
City Clerk
Date 09/17/2026
GRANTEE
By
Name Dennis S Whittaker
Title American Legion Post 642 Historian
Date 09/15/2026
Tax I.D. No.: Refer to W9
Page 7 of 8
Exhibit A
Grant Proiect Description
Background
The City of Cupertino provides funding to local non-profit organizations in the areas of social
services, fine arts and other programs for the general public through the Community Funding Grant
Program. The program is guided by the Community Funding Grant Policy, which all funded
organizations must adhere to.
Grantee has applied for grant monies for the project described below and City has determined that
the Grantee is qualified to receive grant funds.
Proiect Description
Please refer to Exhibit A-1.
-End of Exhibit A -
Page 8 of 8
PARKS AND RECREATION 1 408-777-3120 j WWW.CLIPERTINO.ORG
CUPERTINO
Full Legal Name
American Legion Post 642 (Stevens Creek) Cupertino
Website
https://a merica nleg i on post642.com/home
Address
PO Box 302
City State Zipcode
Cupertino CA 95015
Phone
408-838-0375
Organization President/ Executive Director Name and Title
Vincent Guinnane
Email Phone
vguinnane@comcast.net 408-219-0191
Contact Name and Title (if different)
Dennis Whittaker
Email Phone
denwhittak@gmail.com 408-605-6354
501 (c)(3)? Year Established
No 66
Sponsor Name
Sponsor Address
City State Zipcode
0
Phone
Federal Tax ID
02111EY-161911
Total Organization Budget
$26.630
Total # of Staff
U
Organization has an endowment fund?
No
Total # of Board Members
5
Total # of Volunteers
15
Mission Statement
The American Legion's mission is to "enhance the well-being of America's veterans, their families, our military, and our
communities by our devotion to mutual helpfulness," focusing on four pillars: Veterans Affairs & Rehabilitation, National
Security, Americanism, and Children & Youth, all while strengthening the nation through selfless service and advocating for
those who served.
Brief Description of Organization and Services Provided
❑ur Organization which is a 501 {c}(19) Non-profit Veteran Organization; supports various local Veteran and Community
related organizations and population financially and volunteering:
1. Program/Project/Event Name
Wreaths Across America
2. Date(s) and/or duration of program/project/event
19 December 2026
3. Total program/project/event budget
$ 38,400
4. Requested Amount Percent of total program/project/event budget
$ 20,000 52 %
S. What percentage of your organization's projected income
does your funding request represent?
36 %
6. Type of Request
7
Program Support,Event
Existing program/event
established in
hd4y%7
8. Describe the purpose of requested awarded funds and the services that will be provided
The funding would support the Posts Wreath Across America (WAA) Event that is held annually on the 3rd Saturday of
December, . Our Post working closely with the Gate of Heaven Cemetery has sponsored this event for the past 10 years. With
over 2.200 Veterans interred, the funding will enable us to purchase and lay wreaths on all the Veterans grave markers. We
receive $5 per wreath purchased (that the WAA returns to our Post) will allow the Post to fund various Veteran related
programs in our community. (Listed below) - The Fisher House (2 each) and The Defenders Lodge facility at the Veterans
Affairs (VA) Facility in Palo Alto, CA. Both facilities are used by Veterans and their families when receiving short- and long-
term care at the facility. - 2-3 Post run BBQs for the VA Mental Health/Psychological Ward shut in patients (40-50 meals
served at each event). These BBQ's help the Veterans get a chance to meet and spend time with other Veterans and
volunteers from outside their facility and enjoy a meal that is not from the cafeteria. - Boys/Girls State Program; Sponsoring
high school juniors from the Fremont Unified High School District (Manta Vista, Cupertino, Lynbrook, Homestead, and
Fremont High Schools). This program empowers young Californians with the knowledge, skills, and confidence necessary to
actively engage in civic responsibility, foster inclusive communities, and drive positive change in our society. • Funding for
the De Anza College Veterans Student Center food locker/pantry which supplies the students with preparable meals, snacks,
and other supplies while they are at the center receiving services, studying, and networking with other Veterans at De Anza. -
Veterans Home of California-Yountville, in support of indigent and low-income Veterans basic items to include toiletries and
other comfort items. - Traveling Vietnam Wall, the 80% replica will be exhibited at the Cupertino Memorial Park from 10-14
November 2026 as part of the Veterans Day Ceremony. Almost all the funding has been procured; however additional
funding is required to cover the meals and other supplies for the volunteers guarding the site. - Paws for Purple Hearts
Organization (SF Bay Area) that improves the lives of America's Warriors facing mobility challenges and trauma -related
conditions such as PTSD and TBI by providing the highest quality assistance dogs and canine -assisted therapeutic programs.
9. Please provide a line item breakdown of how the funds will be used in the categories below. If a category is not applicable,
put $0:
a) Staffing cost
$ 0
b) Materials/Equipment
$ 20000
c) Entertainment
$ 0
d) Room/Venue Rental
$ 0
e) Other Professional Services Cost
Not applicable $ Da
f] Other Cost
Not applicable $ DO
10. More than 75% of the requested funds will go towards direct service costs versus administrative costs?
Yes
11. Explain how the request aligns to Cupertino`s General Plan Principles. Describe the purpose of requested funds and the
services that will be provided
The American Legion and our Post 642 embody the Legion motto of "Veterans Strengthening America," as we serve our
community, mentor youth, and honor military service, building on its historical foundation of patriotism and good
citizenship.
12. Who will be served by this grant? Is your event citywide or targeted to a particular neighborhood, demographic or
geographic area? If targeted, describe your target audience.
This event is city wide and is open for all to attend. This event directly involves the Cupertino community, such as
Scouts, Monta Vista High School Choir, other volunteers, and business organizations who provide support at the
ceremony and donate goods, services, and funds. Additionally Cupertino would be positively impacted by this grant by
several projects our Post sponsors or supports. o A considerable number of student Veterans at De Anza college reside
in Cupertino and majority upon graduating from De Anza will remain in the area to work or attend San Jose State
University and subsequently work and live here. o For the upcoming 2026 Boys/Girls State Program, we are planning to
sponsor at least 3 high school juniors from the FUHSD to attend the Boys/Girls State Session in Sacramento in June.
These students upon return will be able to share their experiences and continue to lead school and community related
projects and programs to Improve the Cupertino Community.
a) Number of individuals total
RA
b) Number of Cupertino residents
110161
c) Will the program/project/event be available to the entire community/public or are there any eligibility criteria?
This event is public and open to the entire Cupertino and surrounding communities
dj Will there be a charge or fee for the program/project/event (if applicable)?
This event is open to the public at no cost
13. Describe how you will promote/advertise your event or activity for awareness to the public.
Flyers, Social Media such as WWW, Facebook, Youtube, X and Instagram
14. How will your organization fund the program/project/event if the full requested funding amount is not awarded? If partial
funding is awarded, what is the minimum funding amount needed for your program/project/event to take place?
Regardless of the funding received by the City of Cupertino, the event will be held. Impact would be not all graves will have
wreaths placed on the grave sites, and less funds for the Post to spend on the various programs we support.
15. Have you received grant funding from the City of Cupertino in the past? If yes, please describe when, how much was
received, and how the funds were used.
We have never received funding from the City of Cupertino
16. If your organization has ever received financial or in -kind support from the City of Cupertino outside of Community Funding
Grants, please describe this support
None
17. Descrihe any funding requested from other agencies/organizations in regard to this program/project/event request. Indicate
whether the funding was granted, denied, or is still pending
We applied to the Cupertino Rotary 2026 Community Grant which they financially support via a Golf Tournament. We were
not chosen as the benficiary of the grant.
*501(c)3 affirmation from the
IRS
American Legion Post 642 IRS 990-N.pdf
Please attach the following if you are a past recipient of Cupertino Community Funding (from most current
program/project/event that has already happened):
• Financial Report (expenses and revenue) for the program/project/event
■ Written report submitted after the event that included information about the number of persons served
(Cupertino residents versus non-residents, if possible) and other results that benefit Cupertino.
Other documents that may support the organizations funding
request
Cupertino Grant Agreement - Wreaths Across
America
Final Audit Report
Created: 2026-09-08
By: Webmaster Admin (webmaster@cupertino.org)
Status: Signed
Transaction ID: CBJCHBCAABAAIHIguBrYUAsnb19Vvc_IzZ1FST6ctDZf
2026-09-17
"Cupertino Grant Agreement - Wreaths Across America" History
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