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20-1023_FAMILY ASSISTANCE MINISTRIES (FAM)_Grant AgreementGRANT AGREEMENT BETWEEN THE CITY OF SAN JUAN CAPISTRANO AND FAMILY ASSISTANCE MINISTRIES (FAM) This Grant Agreement ("Agreement") is entered into this 9'3 day of 0( (� - ("Effective Date"), by and between the City of San Juan Capistrano, a California municipal corporation and General law City ("City"), and Family Assistance Ministries (FAM), located at 1030 Calle Negocio, San Clemente CA 92673 ("Grantee"). City and Grantee are at times individually referred to as "Party" and collectively as "Parties" herein. RECITALS A. The San Juan Capistrano CARES Nonprofit Food Distribution Grant Program ("Program") will provide one-time funding to nonprofit organizations located within the city to assist them in the distribution of food to members of the San Juan Capistrano community due to the impacts of the COVID-19 public health emergency. B. Grantee acknowledges it has reviewed the San Juan Capistrano CARES Nonprofit Food Distribution Grant Program Guidelines ("Guidelines"), attached hereto as Exhibit A and incorporated herein by reference. C. Grantee requested a grant from the City for the San Juan Capistrano CARES Nonprofit Food Distribution Grant Program by submitting a Grant Application ("Grant Application"). D. As a condition to accept grant funds from the Program, Grantee agrees to abide by all terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows. 1. GRANT 1.1. City awards to Grantee Grant Funds in the amount of $15,000 as requested by Grantee in the Grant Application attached hereto as Exhibit B 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 in accordance with San Juan Capistrano CARES Nonprofit Food Distribution Program Guidelines, 2. TERM The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until December 30, 2020, unless terminated earlier as provided herein. Family Assistance Ministries (FAM) 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. Grant Funds will be used only for costs of .the Grantee's food distribution program that were incurred between March 1, 2020 and December 30, 2020 (hereinafter "Eligible Expenses"); 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. Grant Funds not used for Approved Uses shall be returned to City, as provided in Section 5 below. 3.3. In the event that the Grantee's records in support of this program are subjected to audit and the audit determines that any uses of Grant funds are found to be inadequately supported or expended for ineligible or unallowable purposes, the Grantee shall with its own funds reimburse the City for any payments required to be made by the City as the result of such inadequately supported or ineligible costs. 3.4. Grantee and City expressly agree that any Grant Funds that are not used for Eligible Expenses by December 30, 2020, shall be returned to City by the Grantee no later than January 7, 2021. To the extent possible, Grantee will inform the City in advance of December 30, 2020 if it appears likely that the funds provided will not be expended for Eligible Expenses by December 30, 2020 so that the unspent portion can be put to work in the San Juan Capistrano community by funding the City's other CARES -funded programs. 3.5. Upon 72 hours' notice, Grantee will allow the City to inspect Grantee's business records to verify that Grant Funds are being used in accordance with the Program requirements. 3.6. By signing this agreement, the grantee certifies that all funds received this agreement will be expended in accordance with the requirements of the CARES Act and the San Juan Capistrano CARES Nonprofit Food Distribution Program and that the information provided in the Grantee's application for this Program is true and complete. 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 Family Assistance Ministries (FAM) Page 2 respect to the expenditure of the Grant Funds, Grantee shall make available to City such Books and Records within len (10) calendar days of the City's request. 4.2. Upon request Grantee will be responsible for providing documentation, Including receipts, to the City that accounts for how the entirety of the Grant Funds received were used to fund. Eligible Expenses according to the timelfnes specified in the. Guidelines. Grantee shall provide any additional information or documentation related to these expenditures requested by the City within ten (10) calendardays. 4.3.City reserves the right to designate its ovmemployee representative(s) or its contractedrepresentative(s) with a CertifiedPublicAccounting Punt who shall have the right to audit Grantee's' accounting procedumsand internal controls of Grantee's financial systems es they relate to the Grant Application and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any Items set forth In this Agreement. Any such audits) shall'be i undertaken by City or its representatives) of mutually agreed upon reasonable times and in conformance with generally accepted auditing standards. Grantee agrees to fully cooperate with any suoft audit(s). 4.4. Grantee agrees to exercise prudent financial managementprocesses including proper oversight of a0 assets, budget preparation, and timely reporting including budget-to-agtua4compansons. 4,5,. 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 standard of care and in a manner commensurate with the community professional standards and with the ordinary degree of sloll and ore that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. 46. In accordance with state requirements. Gmntee agrees to retainfor a pedod of five years all records, receipts, invoices, and other documentation pertaining to ithe,expenditure of funds provided under this agreement In the event such records and documents are requested to be examined for audit by local, state, or federal authorities. S. USE OF GRANT FUNDS 51. The Grant Funds shag be used solely by Grantee for the Approved Uses and Porno other Use: In the event that the Grant Funds are Trot used for the Approved Uses or aro not expended between March 1, 2020 and December 30, 2020, Grantee shall notily the "i in writing, and shall be obligated to return the Grant Funds to City within ten (10) days. 6. INDEMNIFICATION 6.1. To the fullest extentpermitted bylaw, Grantee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, Family Assistance Ministries (FAM) Page 3 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 misrepresentations by Grantee. the expenditure of Grant Funds, the Application. or the Agreement (including the negligent and/or willful acts, errors and/or omissions of the 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 attorneys fees in any action on'or to enforce the tens set forth in,the 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. Notwithstanding the foregoing, nothing herein shall be construed to. require Grantee to indemnify the Indemnified Parties from any Claim arising from the cola 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 ons 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. Thepolicy-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 forand control over the means of perfooning 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,shbll follow the desires of City with respect to the results of the Approved Uses, 8. PROHIBITION AGAINST TRANSFERS Gra nteeshall 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 Family Assistance Ministries (FAM) Page 4 or otherwise without prior written consent of City. Any attempt to do so without written consent of City shall be null and vola., S. NOTICES 9.1, All notices, demands, requests or approvals to be given under this Agreement shall be given In writingand conclusively shall be deemed served when delivered personalty or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mall, addressed as hereinafter provided: 9.2. An notices, demands, requests ar approvals from Grantee to: City shall be addressed to the City aL Ann; City Manager City of.San Juan Capistrano 32400 Pasea Adelanto San Juan Capistrano, CA 92675 9.3. All nofices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at Atm: Elizabeth Andrade, Chief Executive Officer Family Assistance Ministries (FAM) 1030 Carle Negocio San Clemente, CA 92673 10.TERMINATION 10.1. The City may terminate this Agreement if it delermines that the Grantee has made any misrepresentations that relate In any way to the Application or expeaditure of Grant Funds by providing Grantee with three (3) calendar days' notice of termination, in writing. 10.2. Specific performance.. Grantee agrees that the City has the legal right, and all necessary conditions have been sa6sfed, to specifically enforce Grantee's obligations pursuant to this Agreement, 11.STANOARO 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 aif governmental emilies, Including federal,; state, county or munidpal, whether now in force or hereinafter enacted and comply with all slate and county guidance for re -opening. Any dispute regardingthis contractual agreement shall have avenue of Orange County', Famiy Assistance Ministries (FAM) Page 5 11.3, Waiver, A waiver by either Party of any breach, of any tens, covenant or condition contained, herein shall not be deemed to be a waiver of any subsequent breach of the some or any other term, covenant or condition contained herein, whether of the same or a different character. 11.4. Integrated Conlract. 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 Application, 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 dor or against either parry 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 written document executed by both Grantee and City and approved as to tone by the City Atmmey. 11.6. SeverablliN.Ifany term orportion ofthis Agreementis 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 Slate 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 becauseofrace, religion, color, national origin, handicap, ancestry, sex or age or any other Impermissible basis under law. 11.11. Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall be entitled to attorney's fees, 11.12. Taxes. The City and Grantee expressly agree that the Grantee shall be responsible for all taxes that are associated in any way to the Application of the Grant Funds. 11.13: 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) Family Assistance Ministries (FAM) 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 rate October 20, 2020 Jeffrey Ballinger City Attorney ATTEST: Date: inuLbo By: LL.r Mari Morris City Clerk CITY OF SAN JUAN CAPISTRANO, A California municipal corporation Date: By: mi gel City Manager GRANTEE: Family Assistance Ministries (FAM), a 501 (c)(3) nonprofit organization Date: �oZd By: Elizabbth Andrade Chief Executive Officer Exhibit A San Juan Capistrano CARES Nonprofit Food Distribution Program Guidelines Exhibit B: Grantee's Application [END OF SIGNATURES] Family Assistance Ministries (FAM) Page 7 Exhibits Family Assistance Ministries (FAM) SAN JUAN CAPISTRANO CARES NONPROFIT FOOD DISTRIBUTION GRANT PROGRAM 0 In order to support nonpmfd organizations that provide essential food distribution services to the San Juan Capistrano community. gram up to S25,000 am available to nonprofu'organmations that am; 1. Headquartered in San Jun Capistrano 2. Opemting an established, well-functioning food distribution program that regularly feeds in excess of Zoo San Juan Capistrano families per week. 3. Ablctodemamuoicodvemimpact from COV1Dd9 a. Reduction in revenue and/or contributions to the organization; nadlor b. lmmasc in cast atsttiatcd with opemting und�m.COVID49 conditions Nonprofits applying for funding must, meet the eligibility criteria lived above. Please nate that due to limited funds, not all applications submitted may receive funding. A complete application does not guamnme funding. Application Process: • Please complete and retum the attached application by Monday, September 14 at 5k00 p.m. o Mail to: City Hall 32400 Pasco Adelanto, San Juan Capistrano CA 92675 Attention: Matisse Reischl, Senior Munogcmcnt Analyst, or via e-mail to mrciscbi@unjuancapistrano.org. sanjuancapistrano.org. • Applications must be complete to be considered forftmding. • Organizations will be notified arm Friday, Septcrttbor 15 of grant award status. • For qum6ons, please contact Matisse Rcischl, Senior Management Analyst at (949) 443.6315 or mrciscid@sonjumeapislrano.org. EXHIBITA �. 31 T SAN JUAN CAPISTRANO CARES NONPROFIT FOOD DISTRIBUTION GRANT APPLICATION APPLICATION CRITERIA QUESTIONNAIRE NONPROFIT NAME: Family Assistance Mmisnlos(FAM) APPLICANT CONTACT: Mary Gray Pardue NONPROFIT PHONE a: 949i92+be77 .NONPROFIT ADDRESS: 10311 Cage Negodo: SC; Satellite CmmtyPresby Church, Del Obispo, rh DISTRIBUTION LOCATION: muiapte larallons see attachment OOF RESIDENTS SERVED: 0gp0 (WEEKLY) In addition to the eligibility criteria above, please attach a cover litter outlining the following: . Description of your organization's established food distribution program currently. operating in San Juan Capistrano. . 'Description of how your organization has been Imparted financially byCOUID-19. AND . Please attach copies olyour organizations primary operating bink account forApril, May, and June 2019 and April, May, and June 2020. APPLICANT CERTIFICATION I, r 1 (Applicant Name), cenily that the Information provided In thrs ques ionnshe is accurate, will provide additional supporting documentation if requested, and. commit to using all funds received for costs of load distribution by Decembe130,2020. EXHIBIT 8 41!' Family EllAssistance 6Ltt� Ministries September 14. 2020 More detailed information about FAM's services are attached. Please don't hesitate to contact us with any clarifying questions at (949)492-8477. Thank you for your consideration, Mary Gray Perdue Chief Development Officer Family Assistance Ministries 1030 Calle Negocio • San Clemente, CA 92673 • P (949) 492-8477 • F (949) 492-8081 City Hall. City of San Juan Capistrano 32400 Paseo Adelanto Board of Directors San Juan Capistrano. CA 92675 Edie Bly Attention: Matisse Reischl, Senior Management Analyst John Buckles Bob Grant Dear Matisse, Patrick Griffin France Helfer Lorraine Hoon Family Assistance Ministries is pleased to submit for your consideration an application for Carolyn McO%ven your San Juan Capistrano Cares Nonprofit Food Distribution Grant Program. Avarelle Silver-Westrick C. Kirk Steele We are requesting funding to support the food distribution portion of our Hunger and Nancy St. Pierre Sara Sullivan Homeless Prevention Program for San Juan Capistrano residents in need. Dick Veale FAM began serving San Juan Capistrano residents in 1999 when the volunteers of another Emeritus Board organization realized that all the funds, food and other donations collected in south Orange County were being redistributed mainly through central and north OC. FAM's first client was Ken Caresio Larry Leisenrins facing eviction. He was provided rental assistance and a financial plan and was self-sufficient Nick Mastroni by month two. Food was quickly added to the offerings to combat hunger. Fred Meyer Julie Puentes Today, FAM provides nutritious food options, case management, financial counseling, workforce development, clothing, personal care items, and client aid in the form of bills paid Chief Development to service providers for rent, utilities, transportation, prescriptions and much more. Officer FAM serves as the Hub of Hope partnering with over 400 community organizations including Mary Gray Perdue churches, civic organizations, cities, businesses, and schools to leverage and multiply effectiveness on behalf of all those we serve. Chief Executive Officer FAM opened a satellite office in San Juan in 2015 to serve residents closer to home. This site offers case management, volunteers, food, clothing and diapers. FAM was voted the Top Elizabeth Andrade Nonprofit Silver Horseshoe award for 2015 and 2016 for our work in SJC. More detailed information about FAM's services are attached. Please don't hesitate to contact us with any clarifying questions at (949)492-8477. Thank you for your consideration, Mary Gray Perdue Chief Development Officer Family Assistance Ministries 1030 Calle Negocio • San Clemente, CA 92673 • P (949) 492-8477 • F (949) 492-8081 Food Distribution program Fantil Assistance Ministries has been providing nutritious tiod options ni residents of San Juan Capistrano since inception in 1999. When clients receive liod Gom FAM. pre -pandemic. food ++as al+ca}'s it pan of their financial plan. We coact them to use the mono+ the\ +cold have spent on food on their other expenses like rent and utilities, *the main goal is help people not become dependent but rather coach them towards their coals and pro+ ide the support needed to eventually become stably housed. Pre -pandemic. FAM'+was picking tip 61 () fresh rescues of food each week in order to provide what ++as needed to our residents. I:AM has been fanners with Second I lamest Food Bank (we acre the 2012 :\gene) of the )'ear). OC Food Bank (Nye serve as the south OC Diaper Bank). and local grocer\ stores. Churches. businesses. schools. ci+ic organizations and hundreds of individuals donate food to FAM as a trusted partner for Iunher distribution to people in need. Last fiscal year FAM provided 1,033,230 pounds of food to San Juan Capistrano residents. That equals 861,1025 meals to hungry people in San Juan Capistrano! I •nder our liod program. FAM has been Partnering by providing food to: 1. Our SJC satellite office I afternoon each week since 2015 at Community Presbyterian Church a. FAM provides the case manager. liod. clothing, k mileiries +when available h. The Church provides most of the volunteers 2. Feed the Need for )'cars now ibr their Sunday distribution at South Shores Church 3. Many SJC residents come to the main FAM SC office 4. Fr Serra -s Pantry approximately twice a month food provided to help their distribution Since the pandemic FAM has also been partnering and providing food to: 5• The FAM satellite has been closed since mid-March but is reopening soon 6. Crisis Coalition Kitchen 7. l'nidos's multiple sites in partnership with Mountain View Church. I [arbor Point Church FAM was the agency chosen to serve as Capistrano Unified School District's McKinney Vcnio serving all under resourced families for the school district with food, case management. clothing, personal care items. diapers. pet food. back to school supplies PAM serves as the housing provider for Mission Hospital's Family Resource Center (CII C) providing case management, financial counseling. rent and utilities. referrals to FAM's homeless shelters. and food to all as well. PAM and Mission Hospital are working in the current planning stages to reopen our S JC satellite but in the evening instead of during the day so that we can help those who are unable to receive their rood and case management assistance during the day. FAM -s CDO is a member of the SJC Rotary Club. FAM belongs to the Chamber of Commerce, has booths at San Juan Mission Nights (4 last year), has participated in the Swallow's Day Parade annually since 2015 and a booth at the Mercado, 17 food drives were conducted for FAM by SJC businesses. schools. churches and civic organizations last year. pedwl umouqun ♦ 00o'OSIS suallolldwl lenueuld Ja41O spun) olaw oae41ou Aew asuodsaj A)uo3jawa ue paplwid o4m suollepmoI . onl9osalgeun Aldwpaq Aewwouop JelnS4H . uoseas 9uln!9 Aep9oq lansn )1a411e ule9e aAl9lou Aew siouap Ape3 . 50111 MaN suo!tngpis!p pug sdn)pld poo) a41 poddns of u9ledwo )pma mau ue uaaq am'slsw aweualulew )o lol a seq pue plo y laap s,W Vd. 000'695 owa)ul poleu9!sap— u9ledwo gaml maN. . 000'055 Plemeddd . 000'0$$ (pug JeoA)o pealsul mou paleuop) doucp Ape3 . 000'05$ duel snowAuouV 00015$ luaweumol Nag pala)uo pmaeoi Jouop maN . 000'P9P$ auw)ul 9u!Al0 pauueldun wM IMI Jana uopngpls0l Poo) JOJ saOddns puesamq to asegvnd 0o0'e1S:uojmgplslp pool lualp Jo)sa9ddnS s0p91gedo 9upuelslp lepos opldwd os Joop luau asno4mem Aldwa a4I pasea7 . sow 9/001,1$ nuay Papaau NU04d pue JaindwCJ'swea gaM'sa9ddns'Oweq td 9ulniom Wall))at$ g . sawnbaJ Amp - Pug %UOJ mpnPug%UOJ ul QPM)ul 9uluwi aql 41lm dlo4 at Ja9euew aso awp•Osq(Aep 06) Nwodwal a paint . ownlam pool paseanul 4alm d(.4 al lueaspse asnagalem mau a pailH npaau a41)aaw w+apao ul sales poddns of plels awp 11n1 oml pug Nets awry -ped oma 130u9pse31 WPM ul qualp ul OWNW1940tt 041 pug maolunlen JnC JO%O610 5501041 411M . 009119$ :Su!l)els tasuade31euo0ppV 000'SLS'S 000'OSI$ Alddo tuw9 Jlagl palwuea aJoluw9 ami -. 000'SZ$ palanuo luawewrm11102 s,SJo 10.0a OOD'OZZ$ Palouosem ele9 s,µlVd pg ow/000'12$ pawpAploJodwatdo4Salesa9s,WVi 000'295$ %sol .swear;S enuaAad a) pedwl 'a)ueglsse Ja) sn o19ulwo) slua!p u) aseanu1 %OTT 041 osle lnq swag) lensn in cess AJuo fou 019wAn al!gm Alales )4w pug 7aalunloA aua93 alnsua cl sweRoid sno Jolla adepe of uop)e ow! padwn[Appinb am 94mmoH'uopoado )o SJ EPA I mo ul pVal ane4 am luaAa 9u19uallega isOw a4s paluasaJd se4 61-CIAOO'aspe saeualleq) leposJoaluwuwa Jaeale4m os 9u!puodsaJ ul a09e uaaq sAemle se4 (WVdI saplslu!W a)uelslssV hewed iaedwl 61'QIAO:) Our replacement Gala was Sol ns to be this month, that, has Fow been canceled and will impact the budget by $150,000 FAM's 33'r Annual Munger Walk is in October. This will now have to be virtual. We planned to raise $100,000 to match previous Years but are unctrain as to the outcome at this point,