HomeMy WebLinkAboutC-8281-3E - Community Programs Grant FY 24-2511„)
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GRANT AGREEMENT
BETWEEN THE CITY OF NEWPORT BEACH AND
SHARE OUR SELVES CORPORATION
This Grant Agreement ("Agreement") is entered into this 10th day of July, 2024
("Effective Date"), by and between the City of Newport Beach, a California municipal
corporation and Charter City ("City") and Share Our Selves Corporation, a California
nonprofit corporation located at 20151 SW Birch Street Suite 100, Newport Beach, CA
92660 ("Grantee"). City and Grantee are at times individually referred to as "Party" and
collectively as "Parties" herein.
RFC_ITAI S
A. It is the policy of the City Council that the City's budget specifically allows the City
Council to direct revenue towards non-profit agencies, community groups,
community events, or enhancement projects with worthy projects or programs
which the City Council deems beneficial to the residents' quality of life.
B. Grantee requested a grant from the City for funds to introduce the school -based
health center near Rea Elementary School, which provides behavioral health
services, inclusive of mental health, peer counseling, drug/alcohol awareness,
nutrition, counseling and support for eating disorders, and smoking cessation
("Grant Proposal").
C. The City Council determined the Grant Proposal is for a worthy project that will
benefit the City's residents' quality of life.
D. The City Council approved a grant in the amount of Five Thousand Dollars and
00/100 ($5,000.00) ("Grant Funds") to Grantee pursuant to certain conditions
regarding expenditure, reporting, and accounting requirements.
NOW, THEREFORE, the Parties agree as follows:
1. GRANT
1.1. City awards to Grantee Grant Funds in the amount of Five Thousand Dollars
and 00/100 ($5,000.00) as requested by Grantee in the Grant Proposal attached hereto
as Exhibit A and incorporated herein by reference, or such other amount as authorized
by the City Council.
1.2. Grant Funds shall be disbursed by City to Grantee at the time of execution of
this Agreement.
�JnI=1NLy,
The term of this Agreement shall commence on the Effective Date and shall
continue in full force and effect until June 30, 2025, unless terminated earlier as provided
herein.
Share Our Selves Corporation Page 1
3. RESTRICTIONS ON USE OF FUNDS AND OTHER REQUIREMENTS RELATED
TO THE RECEIPT OF GRANT FUNDS
3.1. The Grant Funds are subject to the following expenditure conditions ("Approved
Uses"):
3.1.1. The Grant Funds shall be expended solely for the purposes provided
in Exhibit A;
3.1.2. The Grant Funds shall not be used for any activity that would violate
City, state or federal statutory or decisional law such as regulations affecting non-profit or
tax exempt organizations exempt from taxation pursuant to Section 501(c)(3) of the
Internal Revenue Code; and
3.2. Grantee further warrants to City that the Grant Funds will be spent solely for
the Approved Uses and the Grant Funds shall be used by Grantee during this
Agreement's term otherwise the Grant Funds shall be returned to City, as provided in
Section 5 below.
3.3. Grantee shall conduct background checks for all of its volunteers and
employees who work with minor children in relation to any project described in Grantee's
Grant Proposal. To the extent applicable, Grantee shall provide the City certification that
it has complied with this requirement prior to the receipt of Grant Funds.
4. REPORTING AND ACCOUNTING REQUIREMENTS
4.1. At all times during the term of this Agreement, Grantee shall maintain true,
proper, and complete books, records, and accounts (collectively, "Books and Records")
in which shall be entered fully and accurately all transactions taken with respect to the
operations of Grantee under the Grant Proposal and the expenditure of the Grant Funds.
Grantee shall maintain the Books and Records in accordance with Generally Accepted
Accounting Principles. Grantee shall make available to City such Books and Records
upon City's request.
4.2. If the Grantee has been audited by an independent auditor or has been the
subject of a compliance audit/examination by a grantee or regulatory agency during the
past three years, audit reports and management letters indicating compliance violations,
fraud, illegal acts, material weaknesses in internal control structure or reportable
conditions, in connection with such audits shall be delivered to the City thirty (30) days
prior to the effective date of this agreement. If no audits or events as described above
have occurred during this period, the Grantee shall provide City a written assertion that
no audits or similar examinations have occurred during the three (3) year period and an
assertion that the Grantee is not aware of any events or conditions, described above, or
other information that might reasonable impact City's decision to fund the grant as
requested.
4.3. City reserves the right to designate its own employee representative(s) or its
contracted representative(s) with a Certified Public Accounting firm who shall have the
Share Our Selves Corporation Page 2
right to audit Grantee's accounting procedures and internal controls of Grantee's financial
systems as they relate to the Grant Proposal and to examine any cost, revenue, payment,
claim, other records or supporting documentation resulting from any items set forth in this
Agreement. Any such audit(s) shall be undertaken by City or its representative(s) at
mutually agreed upon reasonable times and in conformance with generally accepted
auditing standards. Grantee agrees to fully cooperate with any such audit(s).
4.4. This right to audit shall extend during the length of this Agreement and for a
period of three (3) years or longer, if required by law, following the date of any Grant
Funds tendered under this Agreement. Grantee agrees to retain all necessary
records/documentation for the entire length of this audit period.
4.5. Grantee shall, upon conclusion of the event, furnish the City with a Balance
Sheet and Income Statement describing the receipt and disbursement activities of
Grantee with respect to the Grant Funds. In its sole and absolute discretion, the City may
also require Grantee to submit: (i) quarterly check registers and descriptions of each
disbursement; (ii) budget -to -actual -results; and (iii) a statement of position describing the
assets and liabilities associated with the Grant event. All reports, including a post -event
evaluation, shall be due to the City no later than forty-five (45) days following the
conclusion of the event. In the event that an independent audit is conducted, Grantee
shall forward a copy of the audited report to the City for review, including any Management
Letter, Report on Internal Controls, or Reportable Conditions letter generated during the
course of the audit.
4.6. Grantee agrees to exercise prudent financial management processes including
proper oversight of all assets, budget preparation, and timely reporting including budget -
to -actual -comparisons.
4.7. All Approved Uses shall be performed by Grantee or under Grantee's
supervision. Grantee represents that it possesses the professional and technical skills
required to perform the services required by this Agreement, and that it will perform all
services with a standard of care and in a manner commensurate with the community
professional standards and with the ordinary degree of skill and care that would be used
by other reasonably competent practitioners of the same discipline under similar
circumstances.
4.8. If Grantee has supported Political Action Committees(s) (PACs) during the past
three (3) years, the Grantee shall hire an independent auditor to perform limited, agreed -
upon testwork procedures to provide City assurance that City sponsored event profits did
not subsidize the funding of Political Action Committees (PACs) and event proceeds were
adequately segregated from funds used to support PACs. Agreed upon procedures may
include a review of a detail list of the past three (3) years of PAC contributions and
expenditures, including:
a. An identifying donor number, date and amount of each reported
contribution; and
b. A detail of expenditures sufficient enough to determine that the
expenditures were solely for PAC -related expenses; and
Share Our Selves Corporation Page 3
c. Any retained earnings or fund balance at the end of each fiscal year.
Substantive documentation for the contribution and expenditure should be available upon
request. City shall approve the agreed -upon testwork procedures prior to the
commencement of fieldwork.
5. USE OF GRANT FUNDS
5.1. The Grant Funds shall be used solely by Grantee for the Approved Uses and
for no other use. In the event that the Grant Funds are not used for the Approved Uses
or are not expended by or before June 30, 2025, Grantee shall notify the City in writing,
and shall be obligated to return the Grant Funds to City within thirty (30) days.
5.2. The City's grant contribution shall only be used for non-sectarian purposes.
Grantees shall not use the City's grant contribution, or any portion thereof, for any purpose
that violates local, state, or federal law, including, but not limited to, the Establishment
Clause.
6. INDEMNIFICATION
6.1. To the fullest extent permitted by law, Grantee shall indemnify, defend and hold
harmless City, its City Council, boards and commissions, officers, agents, volunteers, and
employees (collectively, the "Indemnified Parties") from and against any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a "Claim"; collectively, "Claims"), which may arise from or in any manner relate (directly
or indirectly) to this Agreement (including the negligent and/or willful acts, errors and/or
omissions of Grantee, its principals, officers, agents, employees, vendors, suppliers,
consultants, subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
6.2. Notwithstanding the foregoing, nothing herein shall be construed to require
Grantee to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorney's fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Grantee.
7. GRANTEE INDEPENDENCE
In the performance of this Agreement, the Grantee, and the agents and employees of
Grantee, shall act in an independent capacity and are not officers, employees or agents
of the City. The manner and means of performing the Approved Uses are under the
control of Grantee, except to the extent they are limited by statute, rule or regulation and
the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to
Share Our Selves Corporation Page 4
constitute approval for Grantee or any of Grantee's employees or agents, to be the agents
or employees of City. Grantee shall have the responsibility for and control over the means
of performing the Approved Uses, provided that Grantee is in compliance with the terms
of this Agreement. Anything in this Agreement that may appear to give City the right to
direct Grantee as to the details of the performance or to exercise a measure of control
over Grantee shall mean only that Grantee shall follow the desires of City with respect to
the results of the Approved Uses.
8. PROHIBITION AGAINST TRANSFERS
Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of the
services to be performed under this Agreement, directly or indirectly, by operation of law
or otherwise without prior written consent of City. Any attempt to do so without written
consent of City shall be null and void.
9. NOTICES
9.1. All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the third business day after the deposit thereof in the United States mail,
postage prepaid, first class mail, addressed as hereinafter provided.
9.2. All notices, demands, requests or approvals from Grantee to City shall be
addressed to the City at:
Attn: City Manager
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
9.3. All notices, demands, requests or approvals from City to Grantee shall be
addressed to Grantee at:
Attn: Deborah Reynolds
Share Our Selves Corporation
20151 SW Birch Street Suite 100,
Costa Mesa, CA 92627
10.TERMINATION
10.1. Termination for Cause. Grantee shall be in default if Grantee fails or refuses
to perform any duty required by the Agreement or performs in a manner inconsistent with
the terms, conditions and restrictions in this Agreement. In such event, City shall give
Grantee, thirty (30) days written notice to cure, if the default can be cured and City shall
be entitled to terminate this Agreement if Grantee has not cured the default within the
thirty (30) day cure period. City shall be entitled to immediately terminate this Agreement
if the default cannot be cured through corrective action. If terminated for cause, Grant
Funds shall be returned to the City pursuant to Section 5. This Agreement is made on an
annual basis, and as such is subject to non -renewal at its termination.
Share Our Selves Corporation Page 5
10.2. Termination without Cause. City may terminate this Agreement at any time
with or without cause upon seven (7) days written notice to Grantee, any remaining Grant
Funds in Grantee's possession at the time of termination shall be returned to City
pursuant to Section 5.
10.3. Specific Performance. Grantee agrees that the City has the legal right, and all
necessary conditions have been satisfied, to specifically enforce Grantee's obligations
pursuant to this Agreement.
11. STANDARD PROVISIONS
11.1. Recitals. City and Grantee acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference into this Agreement.
11.2. Compliance With all Laws. Grantee shall at its own cost and expense comply
with all statutes, ordinances, regulations and requirements of all governmental entities,
including federal, state, county or municipal, whether now in force or hereinafter enacted.
11.3. Waiver. A waiver by either Party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
11.4. Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
11.5. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Grant Proposal or any other
attachments attached hereto, the terms of this Agreement shall govern.
11.6. Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either
party by reason of the authorship of the Agreement or any other rule of construction which
might otherwise apply.
11.7. Amendments. This Agreement may be modified or amended only by a written
document executed by both Grantee and City and approved as to form by the City
Attorney.
11.8. Severability. If any term or portion of this Agreement is held to be invalid, illegal,
or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
of this Agreement shall continue in full force and effect.
11.9. Controlling Law And Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
Share Our Selves Corporation Page 6
11.10. Equal Opportunity Employment. Grantee represents that it is an equal
opportunity employer and it shall not discriminate against any contractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age or any other impermissible basis under law.
11.11. No Attorney's Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorney's fees.
11.12. Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
Share Our Selves Corporation Page 7
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
CITY ATTORNEY'S OFFICE A California m nicipal corporation
Date: Date: 5
�y: By:
�4aron C. Harp yq . tiK Grace K. Leung
City Attorney �� City Manager
ATTEST: pp
Date: o,
City Clerk
POR
v
CaLI FOUL
GRANTEE: SHARE OUR SELVES
CORPORATION, a California nonprofit
corporation
Date:
By:
Signed in Counterpart
Christy Ward
Chief Executive Officer
Date:
By: Signed in Counterpart
Ilona Artemov
Chief Financial Officer
[END OF SIGNATURES]
Attachment: Exhibit A - Grant Proposal
Share Our Selves Corporation Page 8
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 7i2��2v�
By:
Y
iq-Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Grace K. Leung
City Manager
GRANTEE: SHARE OUR SELVES
CORPORATION, a California nonprofit
corporation
Date:
By:
Christy —Ward
Chief Executive Offi er
Date: l °�
By: & z4zq�--'/
Ilona Artemov
Chief Financial Officer
[END OF SIGNATURES]
Attachment: Exhibit A - Grant Proposal
Share Our Selves Corporation Page 8
Exhibit A
Share Our Selves Corporation Page A-1
Community Programs Grant Application
Reference #
Status
Login Usemame
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By entering my name below, I acknowledge I
have read and understand the overview, criteria
and requirements regarding this grant (listed
above). I hereby accept the terms and conditions
in regards to the City of Newport Beach
Community Programs Grant.
Name of Applicant Organization:
First Name
Last Name
11l1WrMjFTNiltf tmt,
Full Mailing Address of Organization:
Phone Number
Email Address
Type of Entity (indicate one):
If a Nonprofit Entity, please list type:
Name of Program or Service:
Type of Program or Service offered to Newport
Beach residents:
13535595
Complete
dreynolds@shareourselves.org
dreynolds@shareourselves.org
Deborah Reynolds, Share Ourselves
Share Our Selves (SOS)
Deborah
Reynolds
Grants Manager
20151 SW Birch Street, Suite 100 Newport
Beach, CA 92660
949.270.2100
dreynolds@shareourselves.org
Nonprofit
501 c)3)
Behavioral Health Access, School -Based Health
Center
Share Ourselves has been a part of the Orange
County safety -net of organizations committed to
supporting our most vulnerable residents since
1970, when we opened the Food Pantry, our first
service and still a core service today. Share
Ourselves reduces barriers to care for the
Have you previously received City support for
this or a similar program or activity?
If yes, please list the program(s), year(s) and
amount(s):
county's most vulnerable populations in our
community.
In 2023, in partnership with Newport -Mesa
Unified School District (NMUSD), Share
Ourselves, established a school -based health
center (SBHC), adjacent to the campus of Rea
Elementary School, with services to be provided
at NMUSD's BESST Center, 2045 Meyer Place,
to adults and children in the Newport Beach /
Costa Mesa neighborhoods. Although SBHC is
school -based it is open to the community,
effectively expanding primary health care and
mental health services, to low-income,
underserved students and their families in an
area that had none. To help eliminate barriers to
healthcare access for the underserved,
healthcare must be brought to them.
Yes
Share Ourselves Food Pantry; 2017; $5000
Share Ourselves Food Pantry; 2018; $5000
Share Ourselves Food Pantry; 2019; $5000
Share Ourselves' Dr. Robert & Dorothy
Beauchamp Children & Family Dental; 2022;
$5500
Number of Newport Beach residents participating 600
or receiving services within the past year.
(Please specify numbers by type of service).
Percentage of this program devoted or utilized by 20%
Newport Beach residents:
Total annual fundraising/donations/sponsorships $2.5m
received by your organization:
Brief description of the program or activity that A key focus in Share Ourselves' SBHC
serves, involves or engages Newport Beach expansion in the Newport Beach/Costa Mesa
residents (150 word maximum): community is behavioral health, which according
to multiple community needs assessments is a
primary concern.
-Hoag Memorial's Community Benefit Report
Implementation Strategy 2023-2025, their
number two strategy for ensuring access to
behavioral health services is, "provide funding
and/or in -kind support to community nonprofit
organizations that focus on mental health, this
includes partnerships with local FQHCs.
-Elsewhere in Hoag's assessment, mental health
was identified as a significant concern by a
quarter of survey respondents.
-From Children's Health of Orange County
(CHOC's) Assessment: Number one problem
impacting children's overall health, 52% selected
Mental Health;
•50% increase in children presenting to CHOC
Emergency Department in psychiatric crises
since 2020;
-In 2018-2020, in OC, suicide was the second
leading cause of death among youth ages 10-19
years.
•153% increase in children with eating disorders
requiring medical stabilization at CHOC since
2020.
The request for City of Newport Beach support No
must include a list of other City entities, groups
or programs (e.g., CDBG, Discretionary Funds,
Special Event Grants, etc.) from which the
applicant is seeking financial support. Are you
seeking support from other City entities?
Amount of financial assistance received last 0.00
cycle (FY 2023-24) from the City of Newport
Beach (if any):
Amount of financial assistance requested FY $5500
2024-25:
A detailed description of how the request FY
2024-25 grant money would be spent:
Does your organization work with minor
children?
Do you require background checks for
employees and volunteers?
Please explain how background checks are
processed in your organization:
A grant of $5500 would be used at our new
school -based health center (SBHC), adjacent to
the campus of Rea Elementary School, for
behavioral health services to be provided to
adults and children in the Newport Beach / Costa
Mesa neighborhoods. Our intent is to ensure
access to behavioral health services that address
the needs of the student population and their
families, mental health screenings and
assessments conducted onsite or through a
telemedicine visit, will be followed up with
appropriate internal or external referrals for
specialty services as needed.
Enabling services to support behavioral health
priorities to be addressed will include: mental
health and peer counseling; drug and alcohol
awareness; smoking cessation; nutritional
counseling and support for eating disorders;
Staff will ensure accessibility, cultural
responsiveness, and high -quality services to
Newport Beach residents in that community.
Yes
Yes
All Share Our Selves employees must undergo
background checking prior to hire, which includes
but is not limited to the following entities:
•E-Verify — An internet-based system that
compares information from an employee's Form
1-9, Employment Eligibility Verification, to data
from U.S. Department of Homeland Security and
Social Security Administration records to confirm
employment eligibility.
•Office of Inspector General — Part of the U.S.
Department of Health & Human Services that
monitors waste, fraud, and abuse in Medicare,
Medicaid. and more than 100 other HHS
programs.
-California DMV Pull Notice Program - A
program for employers promoting driver safety
through initial and ongoing review of employees'
driving records.
-National Practitioner Data Bank (NPDB) - A
federal information repository containing
information on medical malpractice and other
adverse actions related to healthcare
practitioners, entities, providers, and suppliers,
which can be used by employers to make
employment decisions.
Attach your Declaration of Grantee pertaining to Shar-Ourselves_Declaration_SIGNED.pdf (353
background checks. A blank form provided KB)
below. Please select the form applicable to your
organization (page 1 or page 2), fill out, save and
then upload here.
Attach the letter from your organization (on
letterhead) identifying your background check
process.
Which of the following documents regarding
Signed_Share_Ourseelves_Letter.pdf (75 KB)
Copy of the organization's background check
background checks in your organization are you policy
providing:
Attach one of the following in regards to SUBMITTED_Employee_Background_Check_
Background Check Compliance: Copy of Policy_59T2.docx (33 KB)
organization's background check policy; Proof of
compliance with the aforementioned including a
copy or contractlinvoice from background check
firm; List of employees/volunteers receiving
background checks if less than the entire
organization
Attach a copy of the most recent annual financial
report (2023 reports preferred).
Financial_Statements_thru_12.31.2023_DR. pdf
low,
Attach a copy of the proposed budget (I Y 2024- Share_Ourselves_BH_Budget_FY_2023-2024_
25).
CoNewport.xlsx (12 KB)
Attach a current Statement of Information filed Share -
Ourselves -STATEMENT -OF -
with the Secretary of State (see sample below): INFORMATION_2024_1.pdf (76 KB)
Attach a current W-9 (Blank W-9 provided below. W-9_Share_Ourselves_2024.pdf (112 KB)
Please fill out, save and then upload here):
As your organization's representative, please • I acknowledge that, if awarded funding, my
verify the below by checking the corresponding organization will have to enter into a grant
boxes and then enter your name in the field agreement with the City.
below. • I have read the City of Newport Beach
Community Programs Grant Overview,
including the eligibility, qualification and
evaluation criteria.
• I acknowledge that submission of this
application does not guarantee my organization
will receive City support.
• I have attached a copy of the most recent
annual financial report and proposed budget
(attached above). Note: Your application will be
deemed incomplete if a report and budget is not
included with your application.
• I have attached a current Statement of
Information filed with the Secretary of State
(attached above). Note: Your application will be
deemed incomplete if this is not attached with
your application.
• I have attached a current W-9 (attached above).
Note: Your application will be deemed
incomplete if this is not attached with your
application.
• Grantee shall conduct background checks for
all of its volunteers and employees who work
with minor children in relation to any project
described in Grantee's Grant Proposal. To the
extent applicable, Grantee shall provide the City
certification that it has complied with this
requirement prior to the receipt of Grant Funds.
Name:
Signature (Use your mouse to sign)
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Deborah Reynolds
2024-04-23 11:21:54
2024-04-23 10:48:19
2024-04-23 11:21:54
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