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2010110101 - A PLACE FOR TEENS.~pW N pF ~~~,,, ,, t ' °"~° s COiJNCIL AGENDA REPORT ~g GASO MEETING DATE: 11/1/10 ITEM NO: DATE: October 19, 2010 TO: MAYOR AND TOWN COUNCIL Gi FROM: GREG CARSON, TOWN MANAGER SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SECOND AMENDMENT TO 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 Towil.Manager to execute tl7e "Second Amendment to 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 Attaclunent 1). BACKGROUND: The Town has a three-year grant agreement in place with A Place For Teens (APFT) and Los Gatos-Saratoga Community Education and Recreation (CGS Recreation). This agreement manages aone-time allocation of $88,000 to support teen services at The Venue, operated by APFT with support from LGS Recreation. The funding was intended to support the services at Tlie Venue, to be an incentive for other matching funds, and to ensure continued strengthening of the APFT organization. It was intended that this grant agreement be concurrent with the existing lease for The Venue, which expires in January 2012, and prohibit solicitation of the Town for ~, _ ~~ _<___ ,_~~,,r __ .._.~._ __.,. .__..~ _ ~ ..~,__....... fur=ther increased opei=ating~-or capital support during that time. The existing grant agreement requires APFT and LGS Recreation to jointly ensure the provision of services at The Venue, and to meet administrative goals. The funding, as outlined in the first ainendinent to the grant agreement, is to be disbursed in the following three portions: PREPARED BY: Regina A. a Conununity '4. ~ i s Director N:\CSD\TCRPTS\2010 TCRPTS\LGSRec APFT A~• Amendment No2q.~dyc~ Reviewed by: Assistant Town Manager ~W/B~~wn Attoniey Clerk Administrator ~F'inance Corlununty Development PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: SECOND AMENDMENT TO GRANT AGREEMENT BETWEEN THE TOWN OF LOS GATOS, A PLACE FOR TEENS, AND LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION October 19, 2010 • $38,000 of the total was reserved for provision of administrative, direct, and indirect services at The Venue • $40,000 of the total was reserved as snatching funds for new or increased contributions of $1,000 or more to The Venue • $10,000 of the total was reserved as matching funds for any contribution to The Venue, with no restriction as to size of contribution or whether or not the donor was new Both the $38,000 and the $10,000 amounts have been disbursed by the Town to .LGS Recreation, the fiscal agent for the agreement. DISCUSSION: LGS Recreation and APFT have requested that the $40,000 remaining under the agreement be reallocated to support the provision of services at The Venue, rather than as snatching funds. If disbursed in equal monthly amounts of $2,000 per payment, these monies would provide vital support to the services of The Venue, and could be provided through the end of the lease term. As noted in the draft amendment. (Exhibit A to Attaclnnent 1) the funds would be directed to support the specific services listed in the MOU between LGS Recreation and APFT, under which LGS Recreation provides services to APFT at The Venue. Both the LGS Recreation and APFT Boards Have approved this proposed amendment. In furtherance of the goal of ensuring the strength of the APFT organization over the remaining teens of the lease and grant agreements, staff has negotiated provisions in the draft second amendment that would require a minimum fund balance in APFT's reserves. Specifically, the provisions would require a fund balance in APFT's reserves of at least. $30,000 from July 1, 2010 through Mareh 31, 2011; and at least. $15,000 from April 1, 201.1 through September 30, 2011. Beginning October 1, 2011,, there would be no restrictions on fund balance size; APFT would agree to maintain a reasonable fund balance from that point forward. Section V., subsection B. "Future Funding," of the 2009 grant agreement states as follows: "APFT and LGS Recreation 1lereby agree not to solicit the Town for future increased operating costs and/or capital. support during the teen of this Agreement. APFT may continue to apply for status quo funding from the Town udder the competitive Coirununity Grant process." Tl1is provision would not be affected by the proposed second amendment to the grant agreement. CONCLUSION: It is reconnnended that Council adopt the draft Resolution (Attaclnnent 1) authorizing. the Town Manager to execute the "Second Amendment to Grant Agreement By and Between the Town of Los Gatos and A Place For Teens and Los Gatos-Saratoga Conununity Education and Recreation 2009-2012" (Exhibit A to Attaclnnent 1). PAGE 3 MAYOR AND TOWN COUNCIL SUBJECT: SECOND .AMENDMENT TO GRANT AGREEMENT BETWEEN THE TOWN OF LOS GATOS, A PLACE FOR TEENS, AND LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION October 19, 2010 ENVIRONMENTAL ASSESSMENT: The recommended action is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: The adopted Operating Budget includes the "one-time" allocation covering FY 2008/09 through 2011/12. The funds are to be drawn down during this period in accordance with the grant agreement and its amendments. The recoininended action will not change this allocation. Attachments: 1. Draft Resolution of the Town Council of the Town of Los Gatos authorizing the Town Manager to execute the Second Amendment to 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). Distribution: Peggy Dallas, A Place For Teens Steve Rauwolf, Los Gatos-Saratoga Community Education and Recreation `I'H[S PAGE INTENTIONALLY LEFT BLANK RESOLUTION NO. 2010- RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THE SECOND AMENDMENT TO 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 WHEREAS, the Town Council has provided cone-time allocation of $88,000 to support teen services at The Venue, operated by A Place For Teens with support from Los Gatos- Saratoga Community Education and Recreation; and WHEREAS, this funding is intended to be an incentive for other matching funds and to .ensure continued strengthening of A Place For Teens; and WHEREAS, tl7e adopted Operating Budget includes t11is one-time allocation of funds. RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town of Los Gatos Town Manger is authorized to execute: 1) The "Seond Amendment to 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;" substantially in t11e term of Exhibit A,-and 2) Future amendments to the Agreement so long as they conform to the adopted Town budget. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 2010 by the following vote: COUNCIL MEMBERS: AYES: NAYS.: ABSENT: _ ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\CSD\TCRPTS\Resolutions\2010\LGSRec APFT Agt .4inendment 1~o2.doc THIS PAGE YNTENTIONALLY LEFT BLANK SECOND AMENDMENT TO 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 .Amendment to Agreement is made by and between the Town of Los Gatos, a municipal corporation of the State of Califonua (hereinafter Town); A Place for Teens, a nonprofit corporation (hereinafter APFT); and Los Gatos-Saratoga Coirununity Education and Recreation, a nonprofit corporation (hereinafter LGS Recreation). This Amendment to Agreement will remain in effect from July 1, 2010 to January 30, 2012. Whereas, Town, APFT, and LGS Recreation executed a Grant Agreement effective April 21, 2009; and ending on January 30,.2012; and, Whereas, Town, APFT; and LGS Recreation executed an Amendment to Grant Agreement effective February 16, 2010.; and, _ Whereas, Town,..APFT, .and .LGS Recreation wish to again amend the Grant Agreement; and, Whereas, the Town Council has .approved a second. amendment of the Grant Agreement. Now therefore, the parties hereto agree as follows: 1) Paragraph A. of Section V., Compensation, of the Grant Agreement shall be amended to read as follows: A. GRANT AMOUNT: The Town agrees to reimburse a sum of money not to exceed Eighty-Eight Thousand Dollars and No Cents ($88,000.00), including all costs and expenses. Thirty-Eight Thousand Dollars ($~ 8,000.00) of t11e total shall be reserved for support of the provision of services listed in Exhibit A, "Scope of Services." Forty Thousand Dollars ($40,000.00) of the total shall be reserved for support of the provision of services listed in Exhibit B, "Memorandum of Understandizig A'Place-fore Teens and Los Gatos-Saratoga Coimnuiuty Education and Recreation," by LGS Recreation. These funds shall be disbursed at a rate of Two Thousand Dollars ($2,000.00) per month, begiiuling with a pa5nnent for July 2010, and ending with a final payment for February 2012. Ten Thousand Dollars ($10,000.00) of the total shall be reserved as matching funds for contributions to The Venue, with no restriction as to size of contribution or whether'or not the contribution is made by a person or organization which has donated funds to The Venue previously. LGS Recreation shall act as fiscal agent for APFT and LGS Recreation, and shall be responsible for subrriission of invoices and receipt of Town grant payments. Payment shall be based upon.To~~~n receipt and approval of a written invoice,. to be submitted at the discretion of LGS Recreation, but not snore often than once monthly. Eac11 invoice shall include the follo~~~ing: 2) A ne«~ Paragraph C., Fund Balance, of Section V., Compensation, of the Grant Agreement shall be added. to read as folio«~s: C. FUND BALANCE: APFT shall maintain a fund balance in its reserves of at least Thirty Thousand Dollars ($30,000.00) from July 1,.2010 through March 31, 2011; and at least Fifteen Thousand Dollars ($15,000.00) from April 1, 2011 through September 30, 2011. Beginning October 1, 2011, there are no restrictions on fund balance size; APFT agrees to maintain a reasonable fund balance from that point forward. 3) ~ The terms and conditions of the Grant Agreement shall remain in full force and effect except as herein expressly amended. IN WITNESS WHEREOF, the panties have executed this Agreement as of the day and year first herein above set forth. TOWN OF LOS GATOS Greg. Larson Town Manager A PLACE FOR TEENS P egg~°'l5 a ~ President APPROVED AS TO FORM: Michael Mai-tello Intez-im Town Attortley APPROVED AS TO CONTENT: Regina A. Falkner Conunuiuty Services Director ATTEST: Jackie Rose Clerk Administrator LOS GATOS-SARATOGA COMMUNITY EDUCATION AND RECREATION 1 ~ ~ ~. Ste~?'e auwo f~ Director --' 2 EXHIBIT A SCOPE OF SERVICES ADMINISTRATNE GOALS Stabilize and strengthen the administrative capabilities of A Place for Teens. 2. .Stabilize and strengthen the fiscal health of A Place For Teens. a. Create a fiscal atmosphere wlfich encourages the receipt of matching funds grants. b. Ensure the ongoing integrity of fund reserves and endowment, with regard to operating costs. DIRECT SERVICES 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 events, including concerts, dances, and~movie nights c. Workshops, classes, and meetings d. Coimnuiuty service opportunities e. Special events and other efforts in collaborations with local youth groups. A sununary of these direct services, and the number to be provided each quarter; follows: S i Quarterly Service Goals erv ce Jul-Sep Oct-Dec Jan-Mar Apr-Jun Aruiual Total a. Facility Access 325 450 450 350 1,57.5 b. Special Events 21 27 25 22 95 c. Workshops 12 16 24 18 ~ 70 d. Conununity Service 16 21 20 18 75 e. Special Events 8 14 12 16 50 INDIRECT SERVICES .1 .. _ .Refer_teens to local_servees such_as counseling. __ 2. Work wit111ocal groups such as Drug Free. Coirunuiuty, C:ASA, t11e Los Gatos-I~~Ionte Sereno Police Department, and the Los Gatos High School in their efforts on youth issues. A sununary of these indirect services, and the number to be provided each quarter, follows: S i Quarterly Service Goals erv ce Jul-Sep Oct-Dec .Jan-Mar Apr-Jun Aruiual Total a. Teen referrals 10 10 10 10 40 b. Conununity work 6 6 6 6 24 EXHIBIT B MEMORANDUM OF UNDERSTANDING A PLACE FOR TEENS AND LOS GATOS- SARATOGA COMMUNITY EDUCATION AND RECREATION N:\CSD\Ad •eements\LG Rec Dept\L.GRec APFT funendment No2.doc tl~Ef~ioRraNnu~n al' ut~I~ERSra~nrf~ty A Place for Teens and Los Gatos-Saratoga Community Education and Recreation By #his Memorandum of Understanding, entered into this ~~; t. day of ~~ ~~ 2010, A Place for Teens ("APFT"} and Los ~a#as-Saratoga Community Education and Recreation ("LGSREC"j agree fo collaborate efforts to provide programs and activities for teens in accord with their-passions and interests and in a manner that con#ributes #o (heir personal enrichment and the'healfh of the community, This collabarafian is a leveraging of the resources of both organizations #o 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 Venue" and facilitating the development and Implemeniatian of programs and ac#ivities in cooperation with the APFT board and the youth of Los Gatos. The parties to this memorandum agree as follows: ' 1, The term of this agreement shall be from July 1, 2010 through March 12, 2012, 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. LGSREC shall provide professional staff to manage and operate the facility currently railed "The Venue" and facilitate and coordinate the development and implementation of programs and activities for the youth of Los Gatos, Management of The Venue shall include coordinating rentals of the facility, and use for you#h activi#ies, Facilitating and coordinating the development and implementation of programs and activities for youth includes staffing the normal operating hours of The Venue and special events at The Venue. It also includes working with the youfh of Los Gatos to develop programs and activities in accord with their passions and interests, LGSREC shall also provide bookkeeping services recording deposits and expenses, LGSREC shall not be responsible for coordinating the maintenance of the building and surrounding property, APFT Board members shall provide that service or arrange others to provide it, 4. LGSREC shall maintain Nability insurance providing coverage for the services and operation of youfh and .other programs and activities it provides or coordinates at The Venue and provide a Certificate of insurance naming APFT as additional insured. 5. LGSREC shall operate The Venue 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 Venue and any rent proceeds, Direct costs do not include LGSREC staff included in item 3. above, For programs approved by the joint advisory committee (see item 2 above}, where direct costs exceed gross proceeds creating a net loss over direct costs,. APFT shall reimburse LGSREC the amount of the net loss. 7. LGSREC shall be permitted to use the facilify for four vdeeks during the summer during its Creafe-A-Camp programs and It will also be permitted to rent the facility at additional times for programs. not covered by this agreement at a rate to be nego#iated at the time of rental, ' 8. For the period of July 2010 through March 12, 2012, APFT shall pay to LGSREC $2,000 per month from July 2010 through February 2012 and $1;OOp in March 2012 to provide lunch time supervision of one hour per day for five days a week .and planning and supervision of programming or activities each Friday night from 6pm #0 11pm. Any additional hours of service requested shall be billed at applicable rates based upon the total hourly payroll cost of LGSREC employee's rendering service. 9. LGSREC shall .maintain liability insurance and worker's compensation insurance in the minimum amount of $2,000,000 and $1,000,000, respectively, covering the services and operations that LGSREC provides pursuant to this Memorandum of Understanding. Further, LGSRL=C will pravide to APFT a certification of insurance naming A Place far Teens, its employees, officers and Board of Trustees as an additional insured under al! applicable policies, APFT shall maintain liability insurance in the minimum amount of $2,000,000 and $1.,000,000, respectively, covering the services, condition of facility and operations that APFT provides pursuant to this Memorandum of Understanding. Fwther, APFT voill provide to LGSREC a certification of insurance naming Los Gatos-Saratoga- Community Education and Recreation its employees, officers and Board of Trustees as an additional Insured under a(I applicable policies. 10. The monthly installments of $2;000 shall be paid on the last business day of the month beginning July 31, 2010 Through February 29, 2012, The $1,000 for services through March 12, 2012 shall be paid on March 12, 2012. The amount billed for any~additionaf servicesrequested stiall'be paid wifh'in"10"days of the date of"billing. " 11. APFT shall pay all cos#s of food. and supplies of activities and programs and of maintaining the facility currently called "The Venue" including the surrounding property, 12. No later #han November 1,:2011, the parties to this agreement shall meet to determine if this agreement shall be renewed after March 12, 2012 and to negotiate any changes in the terms of the agreement. 13. In the event That APFT is .unable to pay LGSREC. for services this agreement will be came null and void, The parties of this agreement shall meet within 30 days to determine if there shall be a new agreement and tc negotiate the terms of any such new agreement. 14, 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 and any unpaid billings for part-time staff used in accordance with Section'8 above. In VUitness whereof the parties hereto have caused fhis Memorandum of Understanding #o be executed by their authorized officers: A PLACE FOF TEENS By: Dafe: LOS GAf~~TOS-SARATOGA COMMUNITY EDUCATION AND RECREATION By;./~..-..~!=:.-'~ " r~~„'r.=-::.~ Date; ";.-/ u f ~' ..~'~ 'THIS PAGE INTENTIONALLY Y,EFT BLANI~