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HomeMy WebLinkAboutC-8281-4 - Community Programs Grant Agreement FY 16-17ON GRANT AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SOMEONE CARES SOUP KITCHEN This Grant Agreement ("Agreement") is entered into this 23,d day of May, 2017 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and Charter City ("City"), and SOMEONE CARES SOUP KITCHEN, a California nonprofit corporation located at 720 West 19th Street Costa Mesa, California 92627 ("Grantee"). City and Grantee are at times individually referred to as "Party' and collectively as "Parties" herein. RECITALS A. It is the policy of the City Council that the City's budget specifically allow 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 resident's quality of life. B. Grantee requested a grant from the City for its Hunger Relief Program: fresh meat/poultry, fruits and vegetables, paper goods and janitorial supplies ("Grant Proposal"). C. The City Council determined the Grant Proposal is for a worthy project that will benefit the City's resident's quality of life. D. The City Council approved a grant in the amount of Five Thousand and 00/100 Dollars ($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 and 00/100 Dollars ($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 as follows (select one): ® At the time of execution of this Agreement. 2. TERM The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until June 30, 2017, unless terminated earlier as provided herein. SOMEONE CARES SOUP KITCHEN Page 1 3. RESTRICTIONS ON USE OF 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. 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. 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 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). SOMEONE CARES SOUP KITCHEN Page 2 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. 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 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 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 SOMEONE CARES SOUP KITCHEN Page 3 expended by or before June 30, 2017, Grantee shall notify the City in writing, and shall be obligated to return the Grant Funds to City within thirty (30) days. 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 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. SOMEONE CARES SOUP KITCHEN Page 4 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 3300 Newport Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 9.3. All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at: Attn: Shannon Santos SOMEONE CARES SOUP KITCHEN 720 West 19th Street Costa Mesa, California 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. 10.2. Termination without Cause. City may terminate this Agreement at anytime 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. SOMEONE CARES SOUP KITCHEN Page 5 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 maybe 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. 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. SOMEONE CARES SOUP KITCHEN Page 6 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: By. Aar . Harp nv City Attorney�'� ATTEST: Date: G CITY OF NEWPORT BEACH, A California municipal corporation Date: `r' I- ! l-? BY: � ( V", S1� Dave ff V City Manager GRANTEE: SOMEONE CARES SOUP KITCHEN, a California nonprofit corporation _,_� IZvt� Date: ' -0By: ro&vk--_By: (h i Leilani I. Brown Ten Hatleberg City Clerk Chief Executive Officer Date: 5 22q) `26 1 i By Dan Hamilton Chief Financial Officer Attachments: Exhibit A - Grant Proposal / [END OF SIGNATURES] SOMEONE CARES SOUP KITCHEN Page 7 EXHIBIT A GRANT PROPOSAL SOMEONE CARES SOUP KITCHEN Page A-1 CITY OF NEWPORT BEACH Community Programs & Human Services Grants — Application for FY 16-17 Applicant information - Name of Applicant Organization: Somwne. Cures Sou 'k&cfr Applicant Representative Contact Information: First Name h0 Last Name SGu lb S Title/ Affiliation: 'G lVC'� C)IP_2ciot" Full Address of Organization: X20 w. to -'l C0St:u Me-sa. OR 01, 7-6 Ah—one--- Email 64AC 54'8-.$861 -S ann @someof�e�areskit er�.or T e of Enti (indicate one): Nonprofit List type Community / Neighborhood School kn�er Vlief- froolra.f) Other? Entity Address (if different,ffrr6 applicant): 5a -me, a S 0- tb 0 0 Name of Program or Service: `�meon C c`es t� unsex- 12 1 i e f -Pro ram Type of Program or Servi a offered to Newport Beach residents: We,.provide✓ oL rla-fiMea.d, -1di� S pe-rtj-3e h -,+v "one -hang Provi Total annual fundraisin /donations/s onsorshi s received b g p p yyour organization: JUA3 I , 20 l5 1-D JLot✓ 36, UI � A 5 , W7, 4b Brief description of program or activity for which you are seeking a grant: See En&CSO -f- 4A-- a Explain how your program or activity serves, involves or engages Newport Beach residents (150- ` word maximum)` enclosut-e-.4 3 The request for City of Newport Beach support must include a list of other Yes- No 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? If you answered yes above, please list the entities or groups and the amount of financial support requested from each: NIR- Amount of financial assistance received last year (if any): $ 4-,000, ount of financial assistance requested T56o, 00 15-16) from the City of A detailed description of how the FY 16-17 grant money would be spent: Someone C.cure_s W U o t d vs�-the. Y -OL - M -On -Pu' -the pu rchaf A 41 %0.-- VooA /'SP i ces -h, ir%ct Me, -Presh meappoul") -Ary irF, + v 2,000,-- paper �00�S such cts cups, bowts,pla es, plastic wear xs IjOOb6-JaA'rtbrtaLf suPplt'es -tw6a 1l de"inA :p�-a.pprovM Pur- ut.dit , 1,1500 would eouer-the- purchascj/Co of -+Z -above✓ i -t -ems -.For 3'/z months, /As your organizations representative, please check the box below below. type your name in the line V/1 acknowledge that submission of this application does not guarantee that my organization will receive City support. Name: Sha-t1tl0r\ !Sa,n+bS Attach event budget and submit the completed application no later than Mon. day, October 13, 2016 at 4 p.m. lr� SOUP=KITONEN_ANU-TUTORING PROGRAM 720 W. 19" St., POB 11167, Costo Mesa, CA 92627 949-548-8861 phone 949-574-5619fae ww w.sonieoneeareskitchen. ort, Enclosure #1 SOMEONE CARES SOUP KITCHEN Guests Served TOTAL -223 Guests Served TOTAL -198 Guests Served TOTAL -204 Guests Served TOTAL -191 CITIES SERVED: Costa Mesa 177 162 170 156 Anaheim 5 4 7 4 Fountain Valley 1 1 1 1 Garden Grove 4 1 3 1 Huntington Beach 12 8 9 13 Long Beach 0 0 1 0 Newport Beach 10.31% 23 (7.07%)14 (10.78%)22 (8.90%)19 Orange 0 2 0 1 Santa Ana 26 20 17 24 Enclosure #2 Brief description of program or activities for which you are seeking a grant: For 30 years, Someone Cares Soup Kitchen's mission is to be servants in the community working towards eliminating hunger and educating the next generation. We are committed to feeding the body, mind, and spirit. Someone Cares consists of two primary services, a soup kitchen and a tutoring program, as well as an abundance of support services. In collaboration with our community partners, we assist individuals in obtaining health care services, shelter and housing, legal aid, employment, financial aid, emergency services, domestic violence counseling, and drug and alcohol recovery services. Someone Cares Soup Kitchen addresses a significant need to our communities by providing daily meals, tutoring services, and referrals. Enclosure #3 Explain how your program or activities serves, involves or engages Newport Beach residents: Someone Cares believes that no one should go to bed hungry on the street or otherwise, therefore, we target the needy individuals residing in Costa Mesa and our community neighbors to receive meals. Many of these individuals are homeless, though we also serve many low-income families and senior citizens that cannot afford regular meals on their fixed income. We are unique in this respect. Unlike government -funded food programs, we serve any person that approaches us for a meal, and we do so without requiring them fill out any forms or prove that they meet any particular residential qualifications, but simply, serve those who who appear at our doorstep in need of a warm meal. We are thoughtful and engaging and know that it takes more than just a meal to change the destiny of our guests, and that with a holistic approach they have a better chance to become self-sufficient and viable members of the community.