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HomeMy WebLinkAbout8.1 YMCA Grant AgmtOr D,r,�� �197 ��82 STAFF REPORT CITY CLERK O�LIFOR�� DUBLIN CITY COUNCIL File # ❑®0�p -0� DATE: February 1, 2011 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJE : Grant Agreement with the YMCA of the East Bay Prepared By: Linda Maurer, Economic Development Director EXECUTIVE SUMMARY: The City Council is being asked to approve a multi -year grant agreement in the total amount of $400,000 for the YMCA of the East Bay to assist in defraying costs associated with the operation and administration of programs and activities at their new Dublin location. FINANCIAL IMPACT: The City will provide a total of $400,000 to be disbursed over five years to the YMCA of the East Bay. The first payment of $120,000 is due in Fiscal Year 2010111. There will be four subsequent fiscal year payments of $70,000 per year, per the terms of the Agreement. A budget change in the amount of $120,000 is needed to account for the grant expenditure. RECOMMENDATION: Staff recommends that the City Council: 1) Adopt the Resolution approving the Grant Agreement with the YMCA of the East Bay; and 2) Approve the Budget Change. 17mittedv, , Na Economic Development Director Reviewed By: Administrative Services Director Reviewed% Assistant City Manager Page 1 of 2 ITEM NO. 2.1 .J DESCRIPTION: The YMCA of the East Bay operates a Tri-Valley facility, which up until recently has been located in a small office building in Pleasanton. The organization offers programs and services designed to model essential values and strengthen families, throughout the Tri-Valley, including Dublin. The YMCA operated their Pleasanton facility with very little room on site to expand their operations, programs, services and activities. Staff and the YMCA have discussed a proposed relocation and expansion of their operations in the Tri-Valley since the beginning of 2010. The YMCA identified a location in Dublin at 6693 Sierra Lane, which is more than double the size (approximately 7,500 square feet) of their former facility and includes the ability to offer more programming and services on site. The YMCA received a Zoning Clearance from the City for the indoor recreational uses and is currently processing a Conditional Use Permit (CUP) for the community facility uses, such as Youth and Government, Model United Nations and the Building Futures Mentoring Program, just to name few, that will also be located on site. It is anticipated that the Planning Commission will take action on the CUP in late February or early March 2011. On June 22, 2010, the City Council approved the Development Agreement for Jordan Ranch. As part of their Development Agreement, there is Community Benefit payments related to the rezoning of the Semi-Public Area of the Jordan Ranch Project. The first payment of $280,000 has been received and the second payment in the same amount will be received in Fiscal Year 2011 /2012. In the City Council staff report related to Jordan Ranch and dated June 1, 2010, Staff discussed a portion of the Community Benefit payment -$400,000 - could be recommended to assist the YMCA with their operations should they move to Dublin. This Community Benefit payment would be used to fund the multi-year grant described in the Agreement with the YMCA. The receipt of the Community Benefit payment was not finalized when the Fiscal Year 2010/2011 Budget was adopted nor was the proposed grant expenditure included in the adopted Budget. A Budget Change has been prepared (Attachment 1), which will recognize both the Revenue and Expenditure for the proposed Fiscal Year. Revenue and expenditures for future years will be incorporated into future budgets. Staff is recommending that the City Council adopt a Resolution (Attachment 2) approving the Grant Agreement with the YMCA of the East Bay. iVOTICING REQUIREMENTS/PUBLIC OUTREACH: Not applicable. ATTACHMENTS: 1. Budget Change 2. Resolution Approving the Grant Agreement with the YMCA of the East Bay (with the Grant Agreement as Exhibit A to the Resolution) 157 ] 986.1 Page 2 of 2 i / ; ~ CITY OF DUBLIN BUDGET CHANGE FORM FY 2010 / 2011 CHANGE FORM # New Appropriations (City Council Approval Required): Budget Transfers: _ From Unappropriated Reserves (~) __ From Budgeted Contingent Reserve (1001.1901.81101) _X From New Revenues Other Within Same Department Activity ~ Between Departments (City Council Approval Required) .~ ~`~` ~..~ ~ ~ . "~ ~ ~ r ~ a . ~• +r~ ~a . ~~~~,D;ECRE/~SE~B~UDGE~T¢;~4CC0'UNT ~;.,~AMOUNT~;,~~z~~~ ~ ~'= 4 ~ ~ d ~ ^ ~ . '~ INCREASE,BUDGE~T,ACC~OUN.T~~._„~ ~' { ^~,~« -. . ~~ti~€ r~laMOU,NT, , ro~: Name: REVENUE - GENERAL FUND - Community Benefit $ 280,000 Payments GL Account # 1001.0000.49151 Name: EXPENDITURES - GENERAL FUND - Social Services $ 120,000 - Contract Services -Generai (YMCA: Yr 1 of 5 Yr Grant) GL Account # 1001.5501.64001 REASON FOR BUDGET CHANGE ENTRY: On June 22, 2010 the City Council approved the Jordan Ranch Development Agreement which included the provision for a Community Benefit Payment related to public / semi-public zoning on a parcel in Jordan Ranch. The 2010/2011 revenue from this provision was not included in the adopted Budget. As presented to the City Council on February 1, 2011, a multi- year grant proposal has been developed for the YMCA. The grant could be funded from the Community Benefit Revenue. This Budget Change will recognize both the revenue and the proposed expenditure. Fin Mgr/ASD: City Mana ~ 1 v~r~x ~ ~ ~ ~ -~~ Signature \ ' gnature Date: ! 2y' ~ o Date: ~ 1 ,.. , . , . , ,. ~ As Approved at the City CounciC Meeting on :~ Date 2/1/2011 _ Mayor: Posted By: Signature G: ~Fludgcr Chuu,tecl=-- ~0/0_! l~ 1X--3-'l _/ l_)i1dCA_Cranr.dnc Date: Date: ~•' ~ -r-'1 ATTACHi~IE~T 'i ~ ~~; ~ RESOLUTION NO. XX- 11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN - ********* APPROVING A GRANT AGREEMENT WITH THE YMCA OF THE EAST BAY WHEREAS, the YMCA of the East Bay is seeking to expand its operations, programs and activities to serve the Tri-Valley; and WHEREAS, the City of Dublin has been working with the leadership of the YMCA of ,the East Bay to site their new location in Dublin; and WHEREAS, the YMCA of the East Bay has selected a new location in Dublin at 6693 Sierra Lane, doubling the size of their operation in the Tri-Valley; and WHEREAS, the City plans to utilize $400,000 in Community Benefit payment funds allocated and collected pursuant the Jordan Ranch Development Agreement to provide grant funding to the YMCA of the East Bay; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Dublin does hereby approve the Grant Agreement, attached hereto as Exhibit A, and authorizes the City Manager to make non-substantive changes to, and execute the Agreement. PASSED, APPROVED AND ADOPTED this 1 St day of February 2011 by the following vote: AYES: NOES: ~~ ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 1571989.1 ATTACHMENT 2 Fax sent by : 5184125656 WEST C. C. YnCA 61-26-11 99:49a Pg: 2/6 3 ~-~? GRAIdY AGREEMENT THIS GRANT AGREEMENT ("Agreement~ is entered into as of ' ("Agreement Date°), between the City of publin ("City°), and YMCA of the East Bay, a non-pmfit corporation ("Grantee°). Grantee and City are hereinafter collectively refemed to as the "Parties,° RECfTALS A. The City desires to provide funding to defray the costs to Grantee of operating a administrative offices, programs and activities for the YMCA located within the City at 6693 Sierra Lane, Suite F ("Property~'). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of vuhich are hereby acknovuledged, the Parties to this Agreement agree as fol{ows: Grantee's Obliqations 1.1 Grantee agrees to utilize the Property to provide the community-related work, services~or activities ("Services") set forth in Exhibit A to ihis Agreement. 1.2 Grantee agrees to use the proceeds of the Grant funding received pursuant to this Agreement solely to pay for the costs, associated with providing Services at the Property. 1.3 Grantee agrees to notify the City of any changes to its lease and the status of its occupation of the Property. In the event that Grantee elects to vacate the Prope~ty, Grantee shall provide City a minimum of forty-five (45) days notice prior to vacating the Prope~ty. 1.4 In the event that Grantee vacates the property less tfian three hundre~ sixty-five (365) days after receiving a grant disbursement from City pursuant to Section 2.3 of this Agreement, Grantee agrees to repay the City in an amount calculated pursuant to Section 2.4 of this Agreement. 1.5 Grantee shall submit an annual report to the Ciry attesting that it is in compliance with the terms of the lease and occupation the pmperty for the following year as a condition of t~e disbursement. Additionally, the report shall summarize the number of Dublin residents served by the programs, senrices and activities offered at the new facility. This information should be divided among those served through recreational programs and those served through commu~ity based programs. 2. Citv's Obli~ations. 2.1 Ciry agrees to provide a Grant to Grantee in the amount of FOUR HUNDRED THOUSAND DOLLARS ($400,000), to be made in five (5) annual installments, upon the terms and conditions and for the purposes set forth in this Agreement. It is understood and agreed by the Parties that each installment is intended to defray Grantee's costs of providing Services pursuant to this {~qreement for the three hundred sixry-five (365) days following each payment. 540153.6 Fax sent by : 5164125656 WEST C. C. YMCA 61-26-11 69:49a Pg: 3/6 ~ ( . ~ ~ 2.2 Condition Precedent to Cih/s Obli~ation to Disburse. Prior to the first disbu~sement of any Grant proceeds, the Grantee agrees to fumish the City with an executed agreement for the laase of facilities at the Property for a period of no less than five (5) years. 2.3 Disbutsement of Gr~nt Proceeds. Upon satisfacfion of the condition set forlfi in Section. 2.2 herein, City shall make a total of five (5) disbursements of the grant funding to Grantee according to ihe following schedule: 2,3,1 The first payment, in the amount of one hundred twenty thousand dollars ($120,000), shall be made within ninety (90) days of Grantee's delivery to City of an executed copy of the lease agreement as provided in Section 2.3 of this Agre~ment, or upon the first day Grantee is entitled to occupy the Property pursuant to said lease agreement ("Occupancy Date"), whichever is later. 2.3.2 The City shall make four additional annual payments, each in the amount of seventy thousand dollars ($70,000). The annual payments shall be made no later than the annive~sary of the fi~st payment made pursuant to Section 2.3.1 of this Agreement. 2.4 In the eve~t that the Grantee ceases providing Services at the Property, the City shall not be obligated to make any additional payments to Grantee. The City shall be entitled to reimbursement for the pro-rated portion of the three hundred sixty-five (365) days following the most recent annual payment, during which Grantee will not provide Services pursuant to this Agreement. 3. Grantee Representations and Warranties. 3.1 Grantee warrants that it is duly organized unde~ applicable laws of the State of Califomia, is qualified to do business in the City, and is in compliance in all material respecfs with all laws and regulations necessary to p~vide thg Grant Services. 3.2 Grantee warrants that it has authority, and has completed all proceedings and obtained all approvals necessary to execute, deliver, and perform its obligations under this Agreement. 4. Assi~nment. Grsntee shall not cause or pennit any voluntary transfer, assignment or conveyance of this Agreement. 5. Indemnification, Grantee shall defend (with counsel acceptable to City), hold harmless and indemnify the City and its elected and appointed of~cials, officers, agents and employees from and against all claims, liability, costs, expenses, loss or damages of any nature whatsoever, including reasonable attorney's fees, arising out of or in any way connected with its performance of the Services pursuant to this Ag reement. 6. Relationshio of Parties. Nothing oontained in this Agreement shall be construed as ueating the relationship of gmployer and employee or principal and agent between City and Grantee or Grantee's agents or employees, and Grantee shall at all times be wholly responsible for the manner in which it o~ its agents, or both, perform under this Agreement. 8d0153-B Fax sent by : 5164125656 WEST C. C. YMCA 81-26-11 99:49a Pg: 4/6 ~ ~'~ 7. No 7hird Partv Glaims. Nothing contained in this Agreement shall create or justify any claim against ihe City by any third person whom Grantee may have employed or contracted or may employ or contract r~lative to the purchase of any material, supplies or equipment, or the fumishing or the pertormance of any wvrk or services with respect to any programs or projects being undertaken by Grantee. 8. Notices. Any notice, request or consent required pursuant to this Agreement shall be deemed delivered upon receipt when delivered personaqy or by facsimile transmission, provided that a transmission report is generated reflec6ng the accurate transmission thereof, or th~ee (3) business days after being deposited in the U.S. mail, first class postage prepaid, retum receipt requested, or one (1) day after deposit with a nationally recognized ovemight carrier addressed as follows: City: City of Dublin 100 Civic Plaza ` Dublin, CA 94568 Facsimile: (925) 833-6651 Attn: City Manager Grantee: YMCA of the East Bay 263 S. 20~ Street Richmond, CA 94804 Facsimile: 510-412-5650 Attn: Don Lau, Executive Vice President or to such other addresses as the parties may designate by notice as set forth above. 9. Attomevs' Fees. If any action is instituted by any Party to this Agreement to enforce this Agreement, or to collect any sums due hereunder, thg p~evailing Party in such action shall be entitled to recover its costs and reasonable attomeys' fees as awarded by the court in that action. 10. Severabili . If one or more provisions of this Agreement are found invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, the remaining provisions shall not in any way be affectad, prejudiced,'disturbed or impaired thereby, and all other provisions of this Agreement shall remain. in full force and effect. 11. Amendments/Entire A9reement. Ciry and Grantee reseroe the right to amend this Agreement by mutual consent. It is mutually understood and agreed that no amendment, modification, a~teration or variation of the terms of this Agreement shall be valid unless in writing and signed and acknowledged and approved by both parties. This Agreement oonstitutes the entire agreement of the parties and ~o oral understandings or agreement not incorporated herein shall be binding on either Party. 12. . Cit~s Riahis and Consent. No forbearance, failure or delay by the City in exercising any right, power or remedy, nor any single or partial exercise by the City of any right or remedy hereunder sha8 preclude the further exercise of such right, power or remedy. Cit~s consent to any act or omission by 8d0753.6 Fax sent by : 5104125650 WEST C. C. YnCA e1-26-11 64:49a Pg: 5/6 _/~ ~ `4' . ~ By: Grantee may not be construed as the Citys consent to any other or subsequent act or omission or as a waiver of the requir~ment to obtain Citys consent in any other instance, Al) of Citys rights, powe~s and remedies are cumutative and shall continue in fuq force and effect until specifically waived in writing by City. 13. Duration/Survival. This Agreement shall continue in full for e and effect until the obligations due under this Agreement have been satisfied in full. Notwithstanding the foregoing, the indemnification provisions of Section 5 of this Agreement shall survive the expiration of this Ag~eement. 14. Counterparts, Facsimile Copies. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. IN WITNESS WHEREOF, the City and the Grantee have executed this Agreement as of the date first above written. Dublin By: City Manager . ATTEST: City Clerlc REVIEWED AS TO FORM By: YMCA 1 East Bay Vice President Ciry Attomey 8d0153.6 Fax sent by : 5184125656 WEST C. C. YMCA 61-26-11 e9:56a Pg: 6/6 ~~~~ Exhibit A Proposed Programs and Services Offered at the Dublin YMCA Trl-Valley Campus The Tri-Valley YMCA (a branch of the YMCA of the East Bay) shall offer the programs and secvices listed below et its Dublin locafion. Notwithstanding the foregoing if the Tri-Valley YMCA, after making a good faith effort to obtain all permits necessary to offer said programs and ~ervices, is unable to obtain any such necessary permit, the Tri-Valley YMCA shall be excused from.providing any program or service for which it is unable to obtain a necessary pemtit. • Administration (TVY & BSC) • Voluntcer Committees • Holiday Camps • Summer Day Camps • Specialty Camps ~ Community Meetings (AA, Bible Study, etc.) • Special Events • Youth 8~ Govemment Delegation • Y Cuides Leadership • Y Princesses Leadership o Y Trailblazer l.eaCe-ship • Parent Education 8~ support ~. Mommy & Me, Parent-Child Classes •~ Mommy & Me, Parent Child Classes • Building Futures Mentoring • Teen Leadership Development • FR Committee • FR Campaign • Fitness Glasses • Health and Wellness Classes this list of programs and services offered is intended to complement, not compete with programs and services offered by the City of Dublin's Parks and Community Services Department. Any addi~ions to the programs and services offerings will be subject to review and approval by the City Manager, and will be subject to the Dublin Municipal Code. 840153,6