07 Staff Report - Community Education and Recreation 2009-2012
DATE: TO: FROM: COUNCIL AGENDA REPORT March 23, 2009 MAYOR AND TOWN COUNCIL GREG LARSON, TOWN MANAGER MEETING DATE: 4/6/09 ITEM NO: PREPARED BY: SUBJECT: ADOPT A RESOLUTION AUTHORIZING
THE TOWN MANAGER TO EXECUTE THE GRANT AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS AND A PLACE FOR TEENS AND LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION 2009-2012 RECOMMENDATION:
Adopt a resolution authorizing the Town Manager to execute the "Grant Agreement 13y and Between the Town of Los Gatos and A Place For Teens and Los Gatos-Saratoga Community Education
and Recreation 2009-2012" (Exhibit A to Attachment 1). BACKGROUND: The current Operating Budget includes a one-time allocation of $88,000 to SUppOlt teen services at The Venue, operated
by A Place For Teens with support from Los Gatos-Saratoga Community Education and Recreation (Recreation Department). This funding was intended to be allocated to and administered by
the Recreation Department as an incentive for other matching funds and to ensure continued strengthening of A Place For Teens. It was intended that a funding agreement be drafted which
would be concurrent with the existing lease, which expires in January, 2012, and which would prohibit solicitation of the Town for further increased operating or capital support during
that time. DJSCUSSION: The attached draft agreement (Exhibit A to Attachment 1) would serve as the mechanism through which the funding allocated would be provided to the Recreation Depmtment
for The Venue. It is a three-party agreement between the Town, the Recreation Department and A Place For Teens. Under the agreement, the Recreation Department would have responsibility
for Regina A. Community Director N:\CSD\TCRPTS\2009 TCRJYfS\LGSRec APJ-<T Agreement.doc Reviewed by: Town Manager__Town Attorney __Clerk Administrator
#-Finanee __Community Development
PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: GRANT AGREEMENT BETWEEN THE TOWN OF LOS GATOS, A PLACE FOR TEENS, AND LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION March 23, 2009 providing
semi-annual progress reports to the Town, for submitting invoices as appropriate, and for acting as fiscal agent for The Venue. A Place For Teens would continue to be responsible for
providing teen services at The Venue, in cooperation with the Recreation Department. At its March 5 meeting, the Recreation Department's Board of Directors approved the draft agreement.
The Board of Directors of A Place For Teens is scheduled to consider the draft agreement at its April 21 meeting, which it is expected to approve; A Place For Teens staff received the
draft agreement for review in February, and has not raised any concerns over the draft language. CONCLUSION: It is recommended that Council adopt the draft Resolution (Attachment 1)
authorizing the Town Manager to execute the "Grant Agreement By and Between the Town of Los Gatos and A Place For Teens and Los Gatos-Saratoga Community Education and Recreation 2009-2012"
(Exhibit A to Attachment 1). ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: The FY 2008-09 Operating
Budget includes the "one-time" allocation coveting FY 2008-09 through 2011/12. The funds are to be drawn down during this period in accordance with the proposed agreement. Attachments:
1. Draft Resolution of the Town Council ofthe Town of Los Gatos authorizing the Town Manager to execute the Grant Agreement By and Between the Town of Los Gatos and A Place For Teens
and Los Gatos-Saratoga Community Education and Recreation 20092012 (Exhibit A). Distribution: Lee Fagot, A Place For Teens Steve Rauwolf, Los Gatos-Saratoga Community Education and Recreation
Attachment 1 RESOLUTlON NO. 2009-RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE GRANT AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS
AND A PLACE FOR TEENS AND LOS GATOS-SARATOGA COMMUNITY EDUCATIONAND RECREATlON 2009-2012 WHEREAS, the Town Council wishes to provide a one-time allocation of$88,000 to suppOli teen services
at The Venue, operated by A Place For Teens with support from Los GatosSaratoga COlmnunity Education and Recreation; and WHEREAS, this funding is intended to be an incentive for other
matching funds and to ensure continued sh"cngthening ofA Place For Teens; and WHEREAS, the adoptcd FY 2008-09 Operating Budget includcs this onc-time allocation of funds. RESOLVED, by
the Town Cow1cil ofthe Town ofLos Gatos, County ofSanta Clara, State of California, that the Town of Los Gatos T0W11 Manger is authorized to execute the "Grant Agreement By and Between
the Town ofLos Gatos and A Placc For Teens and Los Gatos-Saratoga Community Education and Recreation 2009-2012." PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 6th day of Aplil, 2009 by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALlJ;'ORNIA
ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\CSD\TCRPTS\Resolutions\LGSRcc APFT Agt Signature.doc
EXHIBIT A GRANT AGREEMENT BY AND BETWEEN THE TOWN OF LOS GATOS AND A PLACE FOR TEENS AND LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION 2009 -2012 THIS Agreement is made and entered
into this__day of ,2009, by and between the Town of Los Gatos, a municipal corporation ofthe State of Califomia (hereinafter Town), A Place for Teens, a nonprofit corporation (hereinafter
APFT), and Los Gatos-Saratoga Community Education and Recreation, a nonprofit corporation (hereinafter LGS Recreation). WITNESSETH WHEREAS, APFT operates a youth center known as "The
Venue," located at 4 New Yorlc Avenne, Los Gatos, California, which is owned by the Town and leased by APFT, and which is of benefit to the Los Gatos community, and; WHEREAS, APrT and
LGS Recreation enjoy an ongoing contractual relationship under which LGS Recreation provides staff and progrannniug at The Venue, and acts as fiscal agent for APFT, and; WHEREAS, the
Town has appropriated funds for the purpose of stabilizing and strengthening APFT to operate the Town-owned facility known as The Venue, to be utilized during the term of the current
lease agreement between the Town aod APFT, which expires on JanualY 30,2012. NOW, THEREFORE, THE PARTIES AGREE, as follows: 1. TERM OF AGREEMENT The term ofthis Agreement shall commence
upon the execution of this Agreement and issuance of a Town purchase order, and shall terminate on Januaty 30,2012. ll. SCOPE or SERVICES APFT and LOS Recreation shall collectively provide
the services listed in Exhibit A, Scope of Services. lIl. PROGRAM COORDINATION A. TOWN: The Director ofComll1unity Services or his/her designee, shall be the Program Manager and shall
render overall supervision of the progress and performance of this Agreement by the Town. B. APFT/LGS RECREATION: The Director ofLGS Recreation shall be the single Progtall1 Director
for APFT and LGS Recreation, and shall have overall responsibility for the progress and execution ofthis Agreement on their behalf. Should circumstances or conditions Page I
subsequent to the execution of this Agreement require a substitute Program Director, the Town shall be notified immediately of such occunence in writing. C. NOTICES: All notices or other
conespondence required or contemplated by this Agreement shall be sent to the parties at the following addresses: TOWN: Community Services Director Town of Los Gatos 208 East Main Street
Los Gatos, CA 95030 APFT/LGS RECREATION: Director Los Gatos Community Education and Recreation 123 East Main Street Los Gatos, CA 95030 N. REPORTING LGS Recreation shall submit bi-annual
reports to the Town, to be submitted on July 30 and January 30, or the first working day thereafter, of each year during the term of this Agreement, and shall cover thc entire six (6)
months immediately preceding the date on which the repOlt is filed; i.c., the report due on July 30 shall cover the period of Januaty I through June 30, and the rcport due on Janumy
30 shall cover the period of July I through December 31. These reports will contain full, detailed, and thorough description and analysis ofAPFT and LGS Recreation's collectivc progress
in providing the services contained in Exllibit A. In addition, these reports shall contain a detailed schedule ofwork planned for the following six (6) months. No compensation shall
be made under Section N, Compensation, unless these rcpOlts are submitted in a timely ma1l11er. V. COMPENSATION A. GRANT AMOUNT: The Town agrees to rcimburse a sum of money not to exceed
Eighty-Eight Thousand Dollars atld No Cents ($88,000.00), including all costs and expenses. LGS Rccreations shall act as fiscal agent for APFT and LGS Recreation, and shall be responsible
for submission of invoices and receipt ofTown grant payments. Payment shall be based upon Town receipt and approval of a written invoice, to be submitted at the discretion ofLGS Recreation,
but not more often than once monthly. Each invoiec shall include the following: i. A current financial statement for APFT, demonstrating that currcnt funds, ineluding rcserves, are less
than thc cunent fiscal year's total budgeted expenses; and, ii. Copics of receipts for costs incuned in providing services under this Agreement; and, iii. A detailed explanation of the
work performed by whom at what rate and on what date, for costs related to staffing. Page 2
Payment shall be net thirty (30) days. All invoices to the Town shall reference the Town's purchase order number and shall be addressed as follows: Town of Los Gatos Attn: Accounts Payable
P.O. Box 655 Los Gatos, CA 95031 B. FUTURE FUNDING: APFT and LGS Recreation hereby agree not to solicit the Town for future increased operating costs and/or capital support during the
tenl1 of this Agreement. APFT may continue to apply for status quo funding fi'om the Town under the competitive Community Grant process. VI. INFORMATION HANDLING A. CONFIDENTIAL CLIENT
INFORMATION: The Town, to the extcnt allowcd by the California Public Records Act, APFT, and LGS Recreation agree to maintain the confidentiality of any information regarding applicants
for services offered pursuant to this Agreemcnt or their immediate families which may be obtained tln'ough application fOffi1s, intcrviews, tcsts, or reports, fi'om public agencics or
counselors, or any other source. Without the written permission of the applicant or court ordcr, such information shall be divulged only as ncceSSalY for purposes related to the performance
or evaluation of the services and work to be provided pursuant to this Agrcement to designated persons having rcsponsibilities under the contract, including those fin'nishing services
through subcontracts. B. CONFIDENTIAL INFORMATION AND REPORTS: All documents furnished to APFT and/or LGS Recreation by the Town and all rcports and supportive data prepared by APFT
and/or LGS Recrcation under this Agreement are the Town's property and shall be delivered to the Town upon the completion of services or at the Town's written request. All reports, information,
data, and exhibits prcpared or assembled by APFT and/or LGS Recreation in connection with the performance of scrvices pursuant to this Agreement are confidential until released by the
Town to the public, and APFT and/or LGS Recreation shall not make any of thcse documents or information available to any individual or organization not cmployed by APFT and/or LGS Recreation
or the Town without the written consent of the Town before such release. Thc Town acknowlcdges that the rcports to be prepared by APFT and/or LGS Recreation pursuant to this Agreement
are for the purposc of evaluating a defined project, and Town's use of the information contained in the reports prepared by APFT and/or LGS Recreation in connection with other projccts
shall be solely at Town's risk, unless APFT and/or LGS Recreation expressly consents to such use in writing. VII. ASSIGNABILITY AND INDEPENDENT CONTRACTOR REQUIREMENTS A. The relationship
ofAPFT and/or LGS Recreation to thc Town is that of an indepcndent contractor. APFT and/or LGS Recreation are rcsponsible for thc results of its services and compliance with the terms
of this Agreement. APFT and/or LGS Recreation have full rights to manage cmployees subject to the requirements ofthe law. All persons employed by APFT and/or LGS Recreation in connection
with this Agreemcnt shall be employees ofAPFTPage 3
and/or LGS Recreation and not employees of the Town in any respect. APFT and/or LGS Recreation shall be responsible for all employee benefits, including, but not limited to, statntory
workers' compensation benefits. B. None of the work or services to be perfonned hereunder shall be delegated or subcontracted to third paliies without prior written Town approvaL C.
No subconh·actor ofAPFT and/or LGS Recreation will be recognized by the Town as such. All subcontractors are deemed to be employees ofAPFT and/or LGS Recreation, and APFT and/or LGS
Recreation agrees to be responsible for their performance and any liabilities attached to their actions or omissions. D. This Agreement is based on the unique services ofAPFT and/or
LGS Recreation. This Agreement shall not bc assigned or transferred without the written consent of the Town. No changes or variations of any kind are authorized without the written consent
of the Town Manager. VlIL COMPLIANCE WITH LAW APFT and/or LGS Recreation shall comply with all applicable laws, codes, ordinances, and regulations of goveming federal, state, and local
laws, ordinances, codcs, regulations, and decrces. Failurc ofAPFT and/or LGS Recrcation to, in any manner, observe and adhere to law as describcd herein or as amcnded shall in no way
relievc APFT and/or LGS Recreatiou of responsibility to adhere to same and APFT and/or LGS Recrcation hcrein acknowledges this rcsponsibility. APFT and/or LGS Recreation represents and
wanants to the Town that it has all liccnses, pennits, qualifications aud approvals of whatsoever natnre which are legally required to practice its profession. APFT and/or LGS Recreation
represents and wan"ants to Town that APl.'T and/or LGS Recreation shall, at its sole cost and expense, keep in effect or obtain at all times dming the term of this Agreement any licenses,
permits, and approvals which arc legally required to provide its scrvices. . IX TERMS AND AMENDMENTS Amcndments to tile ten11S and conditions ofthis Ab'l"eement shall be requested in
writing by the party desiring such revision, and any such adjustment to this Agreement shall be determincd and cffective only upon the mutual Agreement in writing of the pmties hereto
unless the Amendments are made by thc Town as corrcctive actions, in which case they will be adopted as ordered. X. LEGAL MATIERS A INTEGRATION: This document including Exhibit A represents
tile cntire and integrated Agreement between thc Town and APFT and/or LGS Recreation, and supersedes all prior negotiations, representations, and agreements, either written or oraL B.
BINDING EFFECT: The terms of this Agreement shall bind, and inme to the benefit the parties, their heirs, successors, and assigns. XI HOLD HARMLESS A APFT and/or LGS Recreation
hereby releases and agrees to protect, defend, hold hamlless, and indemnitY the Town, its Town Council, its officers, employees and elected Page 4
officials, boards and commissions, fi-om and against all claims, injUlY, liability, loss, costs and expense, or damage, however same may be caused, including all cost and reasonable
attorney's fees in providing the defense to any claim arising therefrom, for any loss or damage to property (real and/or personal) and for personal injmy to or death of any person or
persons arising out of, occUlTing by reason of, or in any way connected with APFT and/or LGS Recreation's activities under this Agreement, or in consequence thereof. B. APFT and/or LGS
Recreation shall hold the Town, its Town Council, officers, employees and boards and commissions hannless from APFT and/or LGS Recreation's failure(s) to comply with any requirement
imposed by viltue ofthe utilization ofFederal funds. APFT and/or LGS Recreation shall reimburse the Town, for any disallowed costs and/or penalties imposed on the Town because ofAPFT
and/or LGS Recreation's failure to comply with Federal regulations or requirements. C. The Town shall indenmify and save APFT and/or LGS Recreation, its officer, employees, and officials
hmmless with rcspect to any judgements arising from the Town's sole negligence or intentional actions or omissions in perfOlmance of Town's obligations under this Agreement. D. The Town
and APFT and/or LGS Rccreation agree that thc Town's indenmification shall extcnd solely to the payment of any judgements and is not intendcd to require that a defense to suit be provided
by the Town, or to limit in any manner APFT and/or LGS Recreation's duty to dcfcnd all suits, actions, claims and causes of action m'ising out of the services APFT and/or LGS Reereation
provides pursumlt to this Agreement. Xll. WHEN RIGHTS AND REMEDIES WANED In no event shall any payment by the Town or any acceptance of payment by APFT and/or LGS Recreation hereunder
constitute or he construed to be a waiver hy the Town or APFT and/or LGS Recreation of any hreach of covenants or conditions of this Agreement or any default which may then exist on
the pm't of the Town or APFT and/or LGS Recreation, and the making of any sueh payment while any such hreach or default shall exist shall in no way impair or prejudice any right or remedy
availahle to the Town or APFT and/or LGS Recreation with respect to such breach or default. XlII. TERMINATION A. TERMINATION FOR CAUSE: Unearned payments under this Agreement may be
suspended or terminated at any time hefore the date of completion by the Town if: i. APFT and/or LGS Recreation fails to comply with conditions ofthc Agreement. ii, APFT and/or LGS Recreation
refiJses to aecept any additional conditions that may be imposed by the Federal or State Govemment. iii. The Town Council determines the Town can no longer fund the monies for the Agreement.
B. TERMINATION FOR CONVENIENCE: The Town or APFT and/or LGS Recreation may terminate this Agreement in whole or in palt when hoth parties agree that its continuation would not produce
beneficial results commensurate with the fmther expenditure of funds. The two p31ties shall agree upon the termination eonditions, including the effective date and, in the case of partial
termination, the portion to be terminated. Page 5
C. Upon Suspension or Termination, APFT and/or LGS Recreation shall: i. Not incur new obligations and shall cancel as many outstanding obligations as possible. ii. Be paid only for services
actually rendered to the Town to the date of such suspension or termination; provided, however, if this Agreement is suspended or terminated for fault ofAPFT and/or LGS Recreation, the
Town shall be obligated to compensate APFT and/or LGS Recreation only for that portion ofAPFT and/or LGS Recreation's services which are of benefit to the Town. 111. Tum over to the
Town immediately any and all copies of studies, reports and other data, prepared by APFT and/or LGS Recreation or its subcontractors, whether or not completed, if any, in cOlmection
with this Agreement; such materials shall become property of the Town. APFT and/or LGS Recreation, however, shall not be liable for the Town's usc ofincomplcte materials or for the Town's
use of completc documents if used for other than the services contemplated by this Agreement. The Town is not liable for any APFT and/or LGS Recreation expenses incurred after the termination
or closing date of the Agreement. XIV. MISCELLANEOUS PROVISIONS A. THE CAPTION: Thc captions of the various sections, paragraphs, and subparagraphs of the Agreement are for convenience
only and shall not be considered nor rcferred to for resolving questions ofthc interpretation. B. NO THIRD PARTY BENEFICIARY: This Agreement shall not be construed or dccmed to be an
Agreement for the bcnefit of any third party or partics, and no third party shall have any claim or right of action hercunder for any canse whatsoevcr. C. SEVERABILITY CLAUSE: In casc
arlY one or more of thc provisions contained hercin shall, for any reason, be held invalid, illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions
which shall rcmain in full force and cffect. D. NO PLEDGING OF TOWN'S CREDIT: Under no circnmstances shall APFT and/or LGS Rccreation have the authority or power to plcdge the credit
ofthe Town, or incur any obligation in the name of the Town. APFT and/or LGS Recrcation shall savc and hold harmless the Town, its Town Council, its officers, employees and boards and
commissions from expenses arising out of this Agreemcnt. E. DISPUTES: In any dispute over any aspect of this Agreement, the prcvailing party shall be entitled to reasonable attorney's
fees, as well as reasonable costs, but not to exceed $5,000. F. NONDISCRIMINATION: Neither APFT and/or LGS Recreation nor any of its subconu·actors shall discriminate in the employment
ofpersons because of their race, color, national origin, sex, age, ancesUy, sexual orientation, religion, physical or mental disability, or marital stanrs, unless based upon a bona fide
qualification under the California Fair Employment and I-lousing Act. Neither APFT and/or LGS Recreation nor any of its subcontractors shall discriminate in the provision of any serviccs
or programs because of race, color, national origin, sex, age, ancesU·y, sexual orientation, religion, physical or mental disability, or marital status, unless based upon a bona fide
qualification under the Califomia Fair Employment and Housing Act. Page 6
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first herein above set forth. TOWN OF LOS GATOS Greg Larson Town Manager APPROVED AS TO FORM: --._-=----=-------Orr
yP. Korb Town Attomey APPROVED AS TO CONTENT: Regina A. Falkncr Community Services Director ATTEST: Jackie Rosc Clerk Administrator EXHillITS: A. Scope of Services N:\CSD\Agreemcnts\LG
Reo Dept\LGRec APFT Agreement.doc A PLACE FOR TEENS Lee Fagot President LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION Stcve Rauwolf Director Page 7
EXHIBIT A SCOPE OF SERVICES ADMlNISTRATNE GOALS I. Stabilize and strengthen the administrative capabilities ofA Place for Teens. 2. Stabilize and strengthen the fiscal health ofA Place
for Teens. a. Create a fiscal atrnosphere which encourages the receipt of matching funds grants b. Ensure the ongoing integrity of fund reserves and endowment, with regard to operating
costs DIRECT SERVICES I. Provide teen services at The Venue. These services may include, but are not limited to: a. Access to the facility provided to teens on a drop-in basis b. Special
cvents, including concerts, dances, and movic nights c. Workshops, classes, and meetings d. Community service opportunities e. Special events and other efforts in collaboration with
local youth groups A sumnlarv 0ftllese Hec serVIces, and tlIe number ta be proV!'ded cachLquartcr, fia11o\\'s: Service Quarterly Service Goals Jul-Scp Oct-Dec Jan-Mar Apr-Jun Annual
Total a. Facility access 325 450 450 350 1,575 b. Special cvents 21 27 25 22 95 c. Workshops 12 16 24 24 18 70 d. Comnumity service 16 21 20 18 75 e. Special events 8 14 12 16 50 INDIRECT
SERVICES: I. Refer teens to local services such as counseling. 2. Work with local groups such as Drug Free Community, CASA, the Los Gatos-Monte Sereno Police Department, and the Los
Gatos High School in their eff011s on youth Issues. A summary of theses indirect services, and the numbcr to be provided each qU311er, follows' Service Quarterly Service Goals Jul-Sep
Oct-Dec Jan-Mar Apr-Jun Annual Total I. Teen refelTals 10 10 10 10 40 2. Community work 6 6 6 6 24 Page 8