09 Staff Report - Place for Teens Agreements
DATE: COUNCIL AGENDA REPORT June 1,2004 MEETING DATE: 6/21104 q TO: FROM: SUBJECT: MAYOR AND TOWN COUNCIL DEBRA J. FIGONE, TOWN MANAGER AUTHORIZE TOWN MANAGER TO EXECUTE
LETTER OF APPROVAL TO ALLOW SUBCONTRACT OF A PLACE FOR TEENS AGREEMENTS RECOMMENDATION: Authorize Town Manager to execute letter of approval to allow subcontract ofA Place For Teens
agreements. BACKGROUND: A Place For Teens (APFT), a local nonprofit organization, provides services to teens through its teen center, known as the "Outhouse," located at 4 New York Avenue.
The property on which the .Outhouse is located is owned by the Town, and is rented by APFT under a 20-year lease agreement (1992 through 2012). APFTalso receives an annual operating
grant from the Town, under the competitive Community Grant process. . DISCUSSION: APFT and Los Gatos-Saratoga Community Education and Recreation (Recreation District) have recently executed
a Memorandum of Understanding (MOU), under which the Recreation District will assume operation operation of the Outhouse, including the provision of services to teens. This MOU is Attachment
2. Both the lease and grant agreements between APFT and the Town require that APFT obtain prior written consent from the Town before allowing any third party to assume responsibilities
under the agreement. APFT and the Recreation District have submitted a joint request to the Town, for this written consent (Attachment 3). Staff recommends that Council authorize the
Town Manager to execute the attachedLetter ofApproval (Attachment 1), which gives permission to APFT to allow PREPARED BY: Regina A. Services N:\CSD\TCRPTS\APFT
sublease.wpd Reviewed by: ">':::"';o.L-.oAssistant Town Manager Attorney __Clerk 60 Finance __Community Development Revised: 6/1/04 4:25 pm Reformatted:
5/30/02
PAGE 2 . ., MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE TOWN MANAGER TO EXECUTE LETTER OF APPROVAL TO ALLOW SUBCONTRACT OF A PLACE .FOR TEENS AGREEMENTS June 1,2004 the Recreation District
to operate the Outhouse, and to provide services through that facility, under the supervision of APFT. This permission, would remain effective for the term of the MOU (FY 2004/05) and
for any future amendments to the'MOU. It would be subject to revocation, should APFT not fulfill any ofthe terms of either contract. ENVIRONMENTAL ASSESSMENT: The requested action is
not a project defined under CEQA, and no further action is required. FISCAL IMPACT: No fiscal impact would result from the recommended action. Both the lease and grant agreements would
terrfain between the Town and APFT; the dollar amounts of these agreements woU;ld not change. Both agreements are accounted for in the adopted FY 2004/05 Operating Budget. Attachments:
1. Draft Letter of Approval 2. Memorandum of Understanding, A Place for Teens and Los Gatos-Saratoga Community Education and Recreation 3. Joint request from: A Place for Teens and Los
Gatos-Saratoga Community Education and Recreation Distribution: Lee Co-President, A Place For Teens Steve Director, Los Gatos-Saratoga Community Education
and Recreation
Attachment 1 OFFICE OF THE TOWN MANAGER (408) 354-6832 FAX: (408) 399-5786 June 10, 2004 Mr. Lee Fagot, Co-President A Place For Teens 4 New York Avenue Los Gatos, CA 95030 Subject:
Approval for Subcontract of Agreements Dear Mr. Fagot:' As approved by the Town Council of the Town of Los Gatos at its June 21, 2004 meeting, this letter authorizes A Place For Teens
to assign to Los Gatos-Saratoga Community Education and Recreation a portion ofthe responsibilities contained in the following two agreements: 1. Lease Agreement By and Between the Town
of Los Gatos and A Place for Teens, executed February 4, 1992 2. Community Grant Agreement By and Between the Town of Los Gatos and A Place for Teens, executed April 17, 2000 and amended
November 10, 2000; May 8, 2002; July 24, 2002; and· October 21, 2003 This assignment is valid for only those programs and services contained in the Memorandum of Understanding between
A Place for Teens and Los Gatos-Saratoga Community Education and Recreation, dated May 6, 2004, and and in any future amendments to that Memorandum. It may be revoked by the Town, should
A Place for Teens fail to fulfill any of the terms of the above-listed contracts. Sincerely yours, DEBRA J. FIGONE Town Manager DJF:pg N:\CSD\8040\FY 2004-05\APFT sublease.wpd cc: Regina
Falkner, Community Services Director Steve Rauwolf, Director, Los Gatos-Saratoga Community Education and Recreation
MEMORANDUM OF UNDERSTANDING A Place for Teens and Los Gatos-Saratoga Community Education and Recreation Attachment 2 By this Memorandum of Understanding, entered into this .£rh day of
2004, A Place for Teens ("APFT') and Los Gatos-Saratoga Community Education and Recreation ("LGSR C") agree to collaborate efforts to provide programs and activities for teens in
accord with their passions and interests and in a manner that contributes to their personal enrichment and the health of the community. This collaboration is a leveragihg of the resources
of both organizations to bring a higher level of service to the youth of our community. It encompasses both LGSREC management of the facility of APFT currently called the "Outhouse"
and facilitating the development and implementation of programs and activities in cooperation with the APFT board and the youth df Los Gatos. The parties to this memorandum agree as
follows: 1. The term of this agreement shall be from July 1, 2004 through June 30, 2005. 2. A joint management committee consisting of three representatives from each party to this agreement
shall meet quarterly to oversee the successful implementation of this agreement. The committee chair will be elected annually from the committee members. 3. I.GSREC shall provide professional
staff to manage and operate the facility currehtly called. the "Outhouse" and facilitate and coordinate the development and. implementation 9f programs and for
the youth of Los Gatos. Management of the Outhouse shall include coordinating the maintenance of the building and surrounding property, rentals of the facility, and use for youth activities.
Facilitating and coordinating the development and implementation of programs and activities for youth includes staffing the normal operating hours of the Outhouse and special events
at the Outl1ouse, It also includes working with the youth of Los Gatos to develop programs and activities in accord with their passions and interests. 4. LGSREC shall maintain liability
insurance providing coverage for the services and operation of youth and other programs and activities it provides or coordinates at the Outhouse and provide a Certificate of Insurance
naminr APFT as additional insured. 5. LGSREC shall operate the Outhouse in compliance with the. terms, of the lease agreement between APFT and the Town of Los Gatos. 6. LGSREC shall
remit to APFT all net proceeds over direct costs from any high school youth programs and activities using the Outhouse and any rent proceeds. Direct costs do not include LGSREC staff
included in item 3. above. ·For programs approved by the joint advisory committee (seeItem2 aboVe), where direct costs exceed gross proceeds creating a net loss over direct costs, APFT
shall reimburse LGSRECthe amount of the net loss. 7. LGSREC shall be permitted to rent the facility for programs not covered by this agreement at a rate to be negotiated at the time
ofrentaL 8. APFT shall pay to LGSREC $42,500 in twelve (12) monthly installments (eleven months at'$3541.66 and one month at $3541 .74), to defray the costs of professional and part-time
staff assigned to meet the responsibilities of this agreement. The installments shall be paid on the last business day of the month beginning July 30, 2004 through June 30, 2005. 9.
APFT shall pay all costs of maintaining the facility currently called the "Outhouse" including the surrounding property. 10. No .later than April 1, 2005, the parties to this agreement
shall meet to determine if this agreement shall be renewed after June 30, 2005 and to negotiate any changes in the terms of the agreement. 11. Any party may terminate this agreement
upon giving one hundred twenty (120) days written notice. APFT shall pay to LGSREC a pro-rata share of the next monthly installment due from section 8 above calculated from the previous
monthly installment paid through the date of termination. In Witness whereof the parties hereto have caused this Memorandurn of Understanding to be executed by their authorized officers:
Date:?j'-b-OLj-LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION By: Date: _
Attachment 3 nPlace fOl Teeni" A Place for Teens, P.O. Box 1476, Los Gatos,. CA 95031 • (408) 395-5553 • FAX (408) 395·5973 • www.APIaceforTeens erg To: Town of Los Gatos June 4,2004
Re: Lease Agreement Between Town of Los Gatos and A Place for Teens Dated 3 March, 1992 Community Services Grants to A Place for Teens In order to more efficiently and effectively provide
services to the youth of Los Gatos, A Place for Teens (APFT) and the Los Gatos Saratoga Community Education and Recreation (LGSCER) intend to contract with each other, such that APFT
will fund part of the cost of staffing a full time professional employee of LGSCER to manage the OUTHOUSE facility, and to manage many of the programs at the OUTHOUSE. This will allow
leveraging of resources within the town, allow more dedicated, better managed and focused attention to prOViding the services, and we believe that some· efficiencies could then help
reduce the overall costs. APFT will still be for funding all costs for the OUTHOUSE facility and the programs, and may provide separate additional· services apart
from the LGSCER for youth through the OUTHOUSE. In order to ensure both APFT and LGSCER is in compliance with regulations and we working within the spirit of the agreements with the
Town, we are asking for two considerations. First: Article 8 of the current lease, noted above, allows APFT to sublease or assign the lease with the written consent of the Town. By this
document APFT is requesting the consent of the Town such that it may enter a sublease with the LGSCER. Second: APFT requests approval to subcontract with LGSCER to provide some of the
services contracted with the Town, via the Community Services Commission, to local youth. By this memo we want to make clear the relationships and obtain approval for the collaboration
noted above and shown in the attached Memo of Understanding between APFT and LGSCER, in effect from 1 July 2004. We believe this collaboration is in the spirit of the Town's intent to
leverage resources resources as both APFT and LGSCER would collaborate to provide the services listed in any new grant applications. Please confirm agreement with this understanding,
approve APFT may sublease the OUTHOUSE facility to.LGSCER, and APFT may contract with the LGSCER to provide programming and related services to the community. Respectfully, --j--L-(.'
.--+-+--1-A Place for Teens Lee Fagot PO Box 1472 Los Gatos Ca 95031 Los Gatos Saratoga C munity Education and Recreation Steve Rauwo 123 East Main Street Los Gatos Ca 95031