HomeMy WebLinkAboutCSD-2022-480 - House of Friendship - Funding Agreement
Community Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: December 12, 2022
SUBMITTED BY: Mark Hildebrand, Director, Neighbourhood Programs and Services, 519-
519-741-2200 ext. 7687
PREPARED BY: Steve Roth, Manager, Community Centres, 519-741-2200 ext. 7077
WARD(S) INVOLVED: All
DATE OF REPORT: November 14, 2022
REPORT NO.: CSD-2022-480
SUBJECT: House of Friendship Funding Agreement
RECOMMENDATION:
That funding of $158,621 for the services provided by House of Friendship be moved from
the Tier 1 grant program and placed into the Neighbourhood Programs and services
operating budget, and
That the General Manager, Community Services be authorized to execute a Funding
Agreement every two years with House of Friendship to cover expenses associated with
providing food programs at City of Kitchener facilities, said agreement to be subject to
the satisfaction of the City Solicitor.
BACKGROUND:
The House of Friendship is a Waterloo Region-based non-profit organization that provides food,
housing, addiction treatment and neighbourhood support to individuals and families in the region.
For over a decade, the House of Friendship, in partnership with the Food Bank of Waterloo
Region has received funding through the tiered funding program to offer several food
related programs (e.g. emergency food distribution, community gardens, cooking classes) at
Chandler Mowat and Kingsdale community centre. Increasing community need saw these
programs expanded to 3 more community centres between 2019 and 2022, including Centreville
Chicopee, Forest Heights, and Victoria Hills community centres. Prior to 2019, House of
Friendship served approximately 2,500 individuals experiencing poverty during the year, out of
Chandler Mowat and Kingsdale Community Centre. Since adding the other 3 community centre
sites , this number has doubled to more than 5,000 community members.
The City of Kitchener historically has provided funding to the House of Friendship through its
Tier 1 grant program. However, given that the food programs and need continue to grow in the
city, staff believe it makes more sense to manage this relationship through a contracted fee for
service model rather than through the grant program. To do that, staff are suggesting to move
the funds, provided to the House of Friendship from the Tier 1 grant program, to the
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Neighbourhood programs and services operating budget, and entering into a fee for service
funding agreement.
REPORT:
The City of Kitchener provides annual operating support for foundational not-for-profit
organizations and groups (like House of Friendship) that are delivering services essential to a
healthy and vibrant community, through the Tier 1 grants program. To be eligible to continue
receiving an annual grant, each year all Tier 1 organizations must submit information
demonstrating that they continue to satisfy the requirements set out in their grant funding
each
year to an inflationary increase. As per the council-approved Community Investment policy,
additional requests over and above this are to be negotiated through the agreement process
and brought forward to Council for consideration during the annual budget process. The number
of additional requests brought forward to Council are very minimal.
It has been the case since 2019, due to the expansion of the food programs to more City facilities,
that staff have had to negotiate additional funding requests with House of Friendship and bring
forward to Council for consideration and review during budget deliberations. Neighbourhoods
have come to rely on the food security programs provided by the House of Friendship out of
these facilities, and it is quite possible that this partnership may grow as need in Kitchener
continues to increase. Staff believe that managing this relationship through the Tier 1 grant is
not effectively meeting the needs of this growing relationship, that staff overseeing the Tier 1
grants are not the most appropriate to oversee this relationship, and that a more efficient
approach would be to move funding outside of the tiered grant program and entering into a fee
for service funding agreement. Through this approach, House of Friendship would negotiate
directly with Neighbourhood Programs and Services staff annually, who understand the needs
in the community; determining the food programs required and the facilities they are required in.
If there is a need for more resources to expand food programs at city facilities that would be
his approach eliminates the additional
work required by the House of Friendship to submit a Tier 1 grant application.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
There is no additional funding being requested. Staff are recommending to move the Tier 1 grant
allocation of $158,621 over to the Neighbourhood Programs and Services annual operating
budget.
COMMUNITY ENGAGEMENT:
INFORM
council / committee meeting.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
APPROVED BY: Michael May, General Manager Community Services & DCAO
THIS FUNDING AGREEMENT dated the ___ dayof ___________, 2022.
Between
THE CORPORATION OF THE CITY OF KITCHENER
(the "City")
-and-
House of Friendship
(the "Recipient")
WHEREAS s. 107 of the Municipal Act, 2001, S.O. 2001, c. 25, provides that a municipality may make grants, on
such terms and conditions as to security and otherwise as the council considers appropriate, to any person, group,
or body, including a fund, within or outside the boundaries of the municipality for any purpose that council
considers to be in the interests of the municipality;
AND WHEREAS
as described in Sc
AND WHEREAS the City approved
upon such terms and conditions as are more particularly described in this agreement;
NOW THEREFORE in consideration of the mutual covenants and other terms and conditions in this Agreement,
the parties agree each with the other as follows:
1.Schedules Forming Part of Agreement
The following Schedules are attached to this Agreement and form part of this Agreement:
a. Schedule A: Description of Funded Activity
b. Schedule B: Maximum Contribution and Permitted Expenditures
2.Term
The Agreement shall commence on the date this Agreement is signed by both parties, and shall terminate on
the Funded Activity End Date
out in this Agreement.
3.Funding
Subject to the terms and conditions of this Agreement, the City shall provide funding and in-kind assistance
to the Recipient as set out in Schedule B, which amount shall be payable and assistance provided as set out in
Schedule B. Payment of any monies
current approved budget.
4.Use of Funding
The Recipient covenants and agrees that the Recipient shall use the funding solely for the purpose of paying
the Permitted Expenditures in connection with the Funded Activity and for no other purpose.
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5.Reports
Where required by the City, the Recipient shall submit the reports as set out in Schedule A, on or before the
date set out in Schedule A to the City in a form and content satisfactory to the City. The reports shall include
a financial statement for the period covered by the reports.
6.Right of Inspection
The City or anyone designated in writing by the City may audit and inspect accounts, records, receipts,
vouchers, and other documents relating to the funding and shall have the right to make copies thereof and
take extracts. The Recipient shall make available all facilities, physical and otherwise, for such inspections and
shall furnish the City and its authorized representatives with all such information as it, or they, may from time
to time require with reference to such accounts, records, receipts, vouchers, and other documents.
7.Right of Attendance
The City or anyone designated in writing by the City may audit and attend any meetings of the members of
the Recipient, and the Recipient shall provide the City with notice of such meetings and all supporting
documentation and materials at such meeting. Nothing herein contained shall grant the City any voting rights
in the Recipient, unless the City makes successful application for membership in the Recipient, in accordance
with s requirements.
8.Official Notification
Any notice required to be given under this Agreement shall be given or provided by personal delivery, mail,
or courier service at the postal address of the receiving party as set out below and shall be deemed to have
been received one working day after they are sent:
a. The City: Community Services, The Corporation of the City of Kitchener, City Hall, 200 King St W
Kitchener, ON N2G 4G7 Attention: LoriAnn Palubeski
b. The Recipient: As set out in Schedule A
Either party to this Agreement may, at any time, give notice under this section to the other of a change of
address.
9.
The Recipient acknowledges that the City may publicize the name of the Recipient, the amount of the
contributions and the nature of the Funded Activity supported under this Agreement. The Recipient shall
recognize the City as a funding contributor in all Funded Activity-related publicity.
10. Termination
Despite any other provisions in this Agreement, the City may terminate this Agreement for any reason,
Any termination by the City
under this Agreement shall be without compensation, penalty or liability on the part of the City, and shall be
11. Indemnity
The Recipient shall indemnify and save the City, its officers, directors, employees, agents and Councillors,
harmless from and against all claims, actions, losses, expenses, costs or damages of every nature and kind that
the City may suffer, caused or alleged to be caused by any willful or negligent act, omission or delay on the
part of the Recipient or its officers, directors, employees, contractors or agents, in connection with anything
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purported to be or required to be done by the Recipient in connection with this Agreement or the Funded
Activity.
12. Insurance
It is the responsibility of the Recipient and their Insurance Broker to review all potential operations and
exposures to determine if the coverage and limits noted below are sufficient to address all insurance related
exposures presented by the specifications of the Funded Activity. The Recipient shall insure its undertaking,
business and equipment under the following coverage so as to protect and indemnify and save harmless the
City:
a. General liability insurance: The Recipient shall maintain liability insurance acceptable to the City
throughout the term of this Agreement. Coverage shall consist of a comprehensive policy of public
liability and property damage insurance, with all applicable coverage extensions/endorsements
available, in an amount of not less than $2,000,000 per occurrence. Such insurance shall name The
Corporation of the City of Kitchener as an additional insured with a cross liability endorsement and
severability of interests provision. The policy SIR/deductible shall not exceed $100,000 per claim
the amount of the aggregate shall be double the required per occurrence limit. A combination of
primary coverage plus umbrella or excess liability insurance may be used.
b. Provisions: Upon execution of this Agreement, the Recipient shall forward Certificates of Insurance
acceptable to the City evidencing this insurance with the executed Agreement and thereafter on or
prior to the expiry of the insurance coverage. These Certificates shall state that coverage will not be
suspended, voided, cancelled, reduced in coverage or in limits except after thirty (30) days prior
written notice by certified mail to the City.
c. It is also understood and agreed by the Recipient that in the event of a claim any deductible or self-
insured retention (SIR) under these policies of insurance shall be the sole responsibility of the
Recipient and that this coverage shall preclude subrogation claims against the City and any other
person insured under the policy and be primary insurance in response to claims. Any insurance or
self-insurance maintained by the City and any other person insured under the policy shall be
considered excess of the Recipient
of insurance required herein shall not modify, waive or otherwise alter obligation to
fully indemnify the City under this Agreement.
13. Compliance with Laws
The Recipient shall carry out the Funded Activity in compliance with all applicable federal, provincial and
municipal laws, by-laws, policies, guidelines, rules and regulations, including applicable privacy legislation,
environmental legislation. The Recipient shall obtain, prior to the commencement of the Funded Activity, all
permits, licenses, consents and other authorizations that are necessary to the carrying out of the Funded
Activity.
14. Municipal Freedom of Information and Protection of Privacy Act and The Municipal Act, 2001
the
Recipient to the City) are subject to the provisions of the Municipal Freedom of Information and Protection of
Privacy Act, and such records may be disclosed by the City to the public upon request under that Act. The
Recipient further acknowledges that pursuant to the Municipal Act, 2001, the proceedings of City Council are
matters of public record. The Recipient acknowledges that the City does not make any covenants with respect
to maintaining the confidentiality of any records the Recipient provides to the City.
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15. Assignment
The Recipient shall not assign this Agreement or any interest in this Agreement without the prior written
consent of the City, and for the purposes of this Agreement, assignment shall include any transfer in the
majority ownership or controlling interest in the Recipient, whether through the sale of shares, direct
acquisition of assets or otherwise.
16. Relationship Between the Parties
The Recipient is not in any way authorized to make a promise, agreement or contract on behalf of the City.
This Agreement is a funding agreement only, not a contract for services or a contract of service or
and in kind assistance to the
Recipient towards the Eligible Expenditures. The parties hereto declare that nothing in this agreement shall
be construed as creating a partnership, an employer-employee, or agency relationship between them. The
Recipient shall not represent itself as an agent, employee or partner of the City.
17. Headings
The headings in this Agreement are for ease of reference only and shall not be taken into account in the
construction or interpretation of any provision to which they refer.
18. Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements,
arrangements, letters of intent, understandings, negotiations and discussions, whether oral or written, of the
parties pertaining to the Funded Activity. The Recipient acknowledges that it has read this Agreement,
understands it and agrees to be bound by its terms and conditions.
19. Waiver
Failure by either party to exercise any of its rights, powers or remedies shall not constitute a waiver of those
rights, powers or remedies.
20. Force Majeure
Neither party shall be responsible for damage caused by delay or failure to perform under the terms of this
Agreement resulting from matters beyond the control of the parties including strike, lockout or any other
action arising from a labour dispute, fire, flood, act of God, war, riot or other insurrection, lawful act of public
authority, or delay or default caused by a common carrier that cannot be reasonably foreseen or provided
against.
21. Payment of monies is Subject to City Budget Approval
Any payment under this Agreement is subject to the approval by City Council for the fiscal year in which the
payment is to be made. In the event that the City Council cancels or reduces the level of funding for any fiscal
year in which payment is to be made under the Agreement, the City may terminate this Agreement or reduce
the amount of its contribution payable under the Agreement in that fiscal year by such amount that it deems
advisable. Where, pursuant to this section, the City intends to reduce the amount of its contribution under
the Agreement, it shall give the Recipient not less than one of its intention to do so. Where,
as a result of reduction in funding, the Recipient is unable or unwilling to complete the Funded Activity, the
Recipient may, upon written notice to the City, terminate the Agreement. The Recipient shall not hold the City
liable for any reduction or termination of funding.
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22. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.
23. Canadian Currency
Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be
advanced, paid or calculated in Canadian currency.
IN WITNESS WHEREOF the City has hereunto affixed its corporate seal under the hands of its Mayor and Clerk and
the Recipient has hereunto affixed its seal under the hands of their duly authorized signing officers.
SIGNED, SEALED & DELIVERED ) THE CORPORATION OF THE CITY OF KITCHENER
in the presence of )
)
)
) _________________________________ _______
) General Manager, Community Services Date
)
)
)
) _________________________________ _______
) Clerk Date
)
)
) House of Friendship
)
)
) _________________________________ _______
) Print Name: Date
) Title:
)
) Organization
)
)
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SCHEDULE A FUNDED ACITIVITY PARTICULARS
THE FUNDED ACTIVITY
1.Full Legal Name of Recipient: House of Friendship
2.Address for Service of Notice: 51 Charles Street East, Kitchener N2G 2P3
3.Primary Contact Name: Clare Wagner Phone #: 519742.8327
4.Funded Activity Start Date (date for which funding will be commenced): January 1, 2023
5.Funded Activity End Date (date for which funding will end): December 31, 2023
6.FUNDED ACTIVITY DESCRIPTION:
The Organization is a Waterloo Region-based non-profit organization that provides food, housing,
addiction treatment and neighbourhood support to individuals and families. Grant funds are provided to
the Organization to help cover the costs associated with providing food programs at the Chandler
Mowat, Kingsdale, Centreville Chicopee, Victoria Hills and Forest Heights community centres. Grant
funds also support costs (including wages, benefits and administrative costs) associated with providing
specific community service programs that support people living on low incomes and dealing with the
impacts of poverty at the Chandler Mowat and Kingsdale Community Centres.
7.The Recipient shall provide the following Reports to the City:
a. Annual Report due no later than the end of MONTH of the following year for each prior year. The report
shall include yearly activity plan, highlights of the outcomes, year-end financial monitoring
including final revenue and expenditure statements; to be signed by the Board Chair and an authorized
employee.
b. Board Contact Information A complete list of the Board of Directors for the organization, which includes
the contact information for each member.
c. Annual Financial Statement to be provided in accordance with the legislation in advance of the
.
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SCHEDULE B MAXIMUM CONTRIBUTION AND PERMITTED EXPENDITURES
The City of Kitchener will provide to The House of Friendship transitional funding in the amount of $210,971
annually for the 1-year period of January 2023 to December 31, 2023
Financial Contribution
1.Maximum Contribution of the City
Tntribution annually towards the Funded Activity under this Agreement is
$210,971 in funding.
2.Disbursement of funding
Snce with the provisions of this Agreement, the financial contribution
shall be disbursed to the Recipient over the Term of this Agreement, as twelve equal monthly payment of
funds for the entire Funded Activity, to be paid within 30 days of execution of this Agreement, and every 30
days thereafter by electronic fund transfer (EFT)
3.Permitted Funded Activity Expenditures
Permitted Expenditures for the Funded Activity may include the following:
a. Insurance;
b. Member registration and ride registration system;
c. Volunteer Recognition;
d. Professional Fees;
e. General Administrative Costs;
f. Program Supplies;
g. Community Meetings and Events; and
h. Other Program Costs
4.Conditions governing Permitted Expenditures
The Permitted Expenditures set out above are subject to the following conditions:
a. Permitted Expenditures must be incurred during the Funded Activity Start Date and End Date;
b. depreciation of capital assets is not eligible;
c. fines and penalties are not eligible; and
d. the cost of alcoholic beverages, recreational cannabis or travel expenses are not eligible.
In-Kind Contribution
1.Contribution by the City
In-Kind Contributions from the City may include the following:
Subject to availability, space for food programs at City of Kitchener community centres facilities, with
schedule and location to be to the mutual agreement of the City and the Recipient
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