Staff Report with attachments
PREPARED BY: Arn Andrews
Assistant Town Manager
Reviewed by: Town Manager, Town Attorney, and Finance Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832
www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 06/07/2022 ITEM NO: 8
DATE: June 1, 2022
TO: Mayor and Town Council
FROM: Laurel Prevetti, Town Manager
SUBJECT: Authorize the Town Manager to Execute an Extension of the LGS Recreation
55+ Senior Services American Rescue Plan Act Grant
RECOMMENDATION:
Authorize the Town Manager to execute an extension of the LGS Recreation 55+ Senior Services
American Rescue Plan Act (ARPA) Grant.
BACKGROUND:
On September 7, 2021, the Town Council appropriated $328,500 in funds from the American
Rescue Plan Act (ARPA) to the LGS Recreation 55+ to mitigate the negative effects of senior
service provision in Town due to COVID-19. The original term of the agreement is from October
1, 2021 to October 31, 2022 (Attachment 1).
DISCUSSION:
LGS Recreation has requested an extension of the agreement due to unforeseen
implementation challenges related to ongoing variants and other issues. To address these
issues, LGS Rec appropriately scaled down the implementation of their original plan and to date
has committed or expended $123,096.52 of the original grant. Staff recommends a four-month
extension of the agreement to February 28, 2023, to allow the LGS Recreation 55+ program
sufficient time to expend the remaining grant funds prudently.
CONCLUSION:
Approve extension of LGS Recreation 55+ Senior Services American Rescue Plan Act (ARPA)
grant agreement to February 28, 2023.
PAGE 2 OF 2 SUBJECT: LGS Recreation 55+ ARPA Grant Extension DATE: June 1, 2022
COORDINATION:
This staff report was coordinated with the Town Manager, Town Attorney, and interim Finance
Director.
FISCAL IMPACT:
None
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
Attachment:
1. LGS Rec 55+ ARPA Grant Agreement
TOWN OF LOS GATOS AMERICAN RESCUE
PLAN ACT (ARPA) GRANT TERMS,
CONDITIONS AND UNDERSTANDINGS
Summary:
The Town of Los Gatos (“Town”) has awarded an ARPA grant to Los Gatos – Saratoga
Recreation (LGS Rec) (“Grantee”) in the total amount not to exceed $328,500 for the period
from October 1, 2021 to October 31, 2022. This letter (“Agreement”) sets forth the terms and
conditions of the grant award.
Payment Terms and Use of Funds:
The grant will be paid on a time and materials basis through invoicing. Grantee must accept the
terms of this Agreement prior to disbursement of grant funds. Grant disbursements to the
Grantee shall be made after receipt of the grant claim form and the countersigned original of
this Agreement. Please submit award claim and signed copy of this agreement to: Town of Los
Gatos, Town Manager’s Office, Attention: Lynda Seastrom, 110 E. Main Street, Los Gatos, CA
95030.
Grant funds shall be used exclusively to support the spirit of project(s) as set forth in the
Grantee’s proposal (Exhibit A) with the exception of funding for print or community outreach
proposals. Any use of funds for a purpose other than that described in the Grantee’s original
proposal requires the Town’s prior written consent.
Grantee shall provide complete and accurate records of all financial transactions, including, but
not limited to, completed contracts, paid invoices, timecards, cash receipts, vouchers, cancelled
checks, bank statements and/or other official documentation evidencing in proper detail the
nature and propriety of all charges invoiced to the Town.
Grantee has been awarded these funds consistent with eligible uses as defined by ARPA.
Grantee’s use of funds is designed to help mitigate the negative effects of COVID-19 on the
Town’s senior population.
Unused Funds:
At the conclusion of the grant period, Grantee agrees to return any unexpended or
unaccounted for funds to the Town. Grantee agrees to return all disbursed funds if (1) grant
funds have not been used for their intended purpose, or (2) have been used inconsistent with
the terms of this Agreement, or (3) if the activities or outputs funded by the grant are
materially incomplete by the end of the grant period, as determined by the Town in its sole
discretion.
No Pledge:
This Agreement shall not be interpreted to create any pledge or any commitment by the Town
to make any further grants or contributions to Grantee or any other person or entity for this or
DocuSign Envelope ID: 5F28B27A-D410-489C-9B1F-6DF51E02BFB9
ATTACHMENT 1
any other project.
Reporting and Records:
Grantee agrees to deliver to the office of the Town Clerk a final written report (Exhibit B) of the
completed project by October 31, 2022. The written report must include copies of any
outstanding receipts or financial statements detailing how grant funds were expended. The
final written report is a publicly accessible document.
Original receipts and invoices must be maintained by Grantee and shall be make available to
the Town upon request. Grantee agrees to maintain adequate financial records consistent with
generally accepted accounting practices, and to retain such records for at least five years after
the conclusion of the grant period. The Town may monitor and conduct an evaluation of the
Grantee’s operation to ensure compliance with the Agreement.
Grantee will provide a minimum of one site visit or project observation at a mutually agreed
upon time during the grant period to a representative from the Town Managers Office. An
interim check-in by phone, video meeting or email may also by requested at any time during
the grant period by either the Town or the Grantee.
No Agency:
Grantee is solely responsible for the results of its services, compliance with the terms of this
Agreement, and for all activities supported by the grant. Nothing in this Agreement creates a
partnership, agency, joint venture, employment, or any other type of relationship between the
Grantee and the Town. The Grantee shall not represent itself as an agent of the Town for any
purpose and has no authority to bind the Town in any manner whatsoever.
No Lobbying:
Grantee confirms that the grant funds will not be used for the purpose of lobbying, carrying on
propaganda or otherwise attempting to influence legislation as defined by the United States
Internal Revenue Code of 1986.
No Assignment:
Grantee may not assign this Agreement or delegate performance of the terms of this
Agreement or of the project to any other person or entity without the prior written consent of
the Town.
Indemnity:
Grantee agrees, to the fullest extent permitted by law, to protect, defend, indemnify and hold
harmless the Town, its officer, directors, affiliates, employees, and agents, from any and all
claims, injury, liabilities, losses and expenses (including attorney’s fees) directly, indirectly
wholly or partially arising from or in connection with any act or omission of Grantee, its
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employees or agents, in applying for or accepting the grant, in expending or applying grant
funds, or in carrying out the project as set forth in the proposal.
Insurance Requirements:
Grantee shall supply proof of General Liability (GL) insurance and Automobile Liability (AL)
insurance from an insurance company licensed to do business in the state of California and
having a financial rating in Best's Insurance Guide of not less than AA. Both the GL and AL
insurance will provide "occurrence" coverage against liabilities for death, personal injury or
property damage arising out of or in any way connected with the Grant. Both the GL and AL
insurance will be in the minimum amount of $1,000,000.00 combined single limit, and will
name the Town and the Town officers, employees, agents, and registered volunteers as
additional insured under the coverage afforded. Such insurance will be primary and
noncontributing with respect to any other insurance available to the Town and will include a
severability of interest (cross-liability) clause.
In addition to these policies, Grantee shall have and maintain Workers' Compensation
insurance as required by California law and shall provide evidence of such policy to the Town
before beginning services under this Agreement. Further, Service Provider shall ensure that all
subcontractors employed by Service Provider provide the required Workers' Compensation
insurance for their respective employees.
Compliance with Law:
Grantee shall become familiar and comply with and cause all its subcontractors and employees,
if any, to become familiar and comply with all applicable federal, state and local laws,
ordinances, codes, regulations.
Contact and Notices:
All notices, reports, or other correspondences related to this Agreement shall be sent to the
following Addresses:
TOWN
Town of Los Gatos
Town Manager’s Office
110 E. Main St
Los Gatos, CA 95030
GRANTEE
Los Gatos-Saratoga Community Education
and Recreation
208 East Main Street
Los Gatos, CA 95030
Agreement and Authority:
Grantee acknowledges and agrees that this Agreement represents the entire agreement
between the Grantee and the Town with respect to the subject matter addressed herein. The
terms of this Agreement may be modified only by writing signed by duly authorized
representatives of both parties.
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The person(s) signing this Agreement on behalf of the Grantee represents and warrants
to the Town that they have the requisite legal authority and power to execute this
Agreement, and to bind Grantee to the obligations contained herein.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first herein above set forth.
TOWN OF LOS GATOS
__
Laurel Prevetti, Town Manager Date
Los Gatos – Saratoga Recreation Senior Services
Signature of grant representative Date
Nancy Rollett Executive Director
Printed name of grant representative Title of grant
representative APPROVED AS TO FORM:
Robert Schultz, Town Attorney Date
Attest:
___________________________________
Shelley Neis, MMC, CPMC, Town Clerk
Exhibits:
A. Grantee’s original proposal
B. Final Grant Report Template
Los Gatos-Saratoga Community Education and Recreation
DocuSign Envelope ID: 5F28B27A-D410-489C-9B1F-6DF51E02BFB9
3/25/2022
4/2/2022
4/3/2022
4/3/2022
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