HomeMy WebLinkAboutItem 8.1 YMCA Grant AgmtG~~~ ~~, DU~~~ . .
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~9;~;~~2 STi4FF REPORT C I T Y C L E R K
~c~,,,;~ ~ DUBLIN CITY COUNCIL File # ^~~^0-^3 ~
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 2010/11. 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.
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m itted By:
Economic Development
Director
~•
Reviewed By:
Administrative Services
Reviewed ~ :
Assistant City Manager
Director
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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
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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)
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~~~~,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
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Signature
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gnature
Date: ! 2y' ~ o
Date: ~ 1
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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:
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ATTACHi~IE~T 'i
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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
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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.
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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.
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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
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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
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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.
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