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HomeMy WebLinkAbout1994/09/20 Item 8 COUNCIL AGENDA STATEMENT Item Meeting Date 09/20/94 l' ITEM TITLE: Resolution 17~~ I Amending the Youth at Risk Project Award from the University of California; and authorizing the City Manager, or his designee, to sign the amendment to the agreement between the City of Chula Vista and the Regents of the University of California Director of Parks and RecreatQ- /~& City Manager 19_1 ~\, (4/5ths Vote: Yes _ No X) ~'" SUBMITTED BY: REVIEWED BY: On July 1, 1992, the 4~H began a Latchkey Program (4~H Youth Development Program) at Lauderbach Community Center. The 4~H organization is a subsidiary of the University of California Extension Service. The 4~H receives funding, through the University of California, from the United States Department of Agriculture (USDA). In January of 1993, the 4~H requested that the City of Chula Vista act as a subcontractor, to expand youth~at~risk programs, such as Wiz Kidz (Drug Prevention and Gang Diversion Service), and a Science Club, at Lorna Verde Community Center and Wiz Kidz at Lauderbach Community Centers. On March 8, 1994, the City signed an agreement with the University of California for the 4~H Program (Attachment "A"). To continue to receive funds for the 4~H programs in Chula Vista, the City must amend its present agreement with the University of California for each year the program receives funds (Attachment "B"). RECOMMENDATION: That the City Council: 1. Amend the Youth at Risk Project Award Agreement from the University of California for the 4~H Youth Development Program; and 2. Authorize the City Manager, or his designee, to sign the amendment to the Agreement between the City of Chula Vista and the Regents of the University of California. BOARDS/COMMISSIONS RECOMMENDATION: On September 6, 1994, the Child Care Commission unanimously voted to endorse and support the continuation of the 4~H Youth Development Program (Attachment "C"). DISCUSSION: On June 30, 1992, the City Council authorized the Parks and Recreation Department to enter into a Facility Use Permit with the 4~H Youth Development Program. The 4~H Youth Development Program started the child care Latchkey Program on July 1, 1992. The 4~H Youth Development Program provides child care for 16 elementary age children year~round. The goal is to reach 28 elementary age children year~ round, the maximum allowed by State Licensing. This program originally operated in the afternoon hours (2:00 p_m. ~ 6:30 p_m.), Monday through Friday. The Latchkey Program operates much like the Department's Elementary After~School Program; however, children are signed in and stay at Lauderbach Center until a parent or guardian picks the child up. Agreement with the University of California For FY 94/95, the University of California has requested that the City sign an amendment to the original agreement (which had a term of September 1, 1993 through August 31, 1994), which specifies the terms and [AI 13 -child2.A13] ~I Item Meeting Date 09/20/94 r conditions for the receipt and use of the project award funds. The University of California's fiscal year runs from September through August. The amendment the Council is recommended to approve, extends the original agreement, dated September 1, 19931 through August 31, 1995. Total costs to be incurred by the City under this agreement shall not exceed $23,426 for the term of the agreement, without the prior written approval of the University of California. FISCAL IMPACT: None. All funds received from the University of California will be used to support the program, with no expenses attributable to the City's General Fund. The Department has developed a budget for the 4-H Program, which distributes the award funds between the Drug Prevention Program (Wiz Kidz) - $8,040; Science Club - $963; and Activity Hour - $14,423. Attachments: "A" - Agreement ~~ "B" - 1st Amendment to Agreement "C" - Child Care commis;* of September 6, 1994 The University of California, in their agreement amendment process, retains the original date of the commencement of an agreement, as part of the amendment term. [A113 - child2.A13] 2 lr~~ RESOLUTION NO. 17", 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE YOUTH AT RISK PROJECT AWARD FROM THE UNIVERSITY OF CALIFORNIA; AND AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SIGN THE AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA WHEREAS, Program (4-H Youth Center; and on July 1, 1992, the 4-H began a Latchkey Development Program) at Lauderbach Community WHEREAS, the 4-H organization, a University of California Extension Service, through the University of California, from Department of Agriculture (USDA); and subsidiary of the receives funding, the united States WHEREAS, in January of 1993, the 4-H requested that the city of Chula vista act as a subcontractor, to expand youth-at-risk programs, such as wiz Kidz (Drug Prevention and Gang Diversion service), and a Science Club, at Lorna Verde Community Center and wiz Kidz at Lauderbach Community Centers; and WHEREAS, the program, which the City of Chula vista provides through the Parks and Recreation Department, is reimbursed by the Uni versi ty of California from grant funds received from USDA; and WHEREAS, the 4-H has received several large grants in the last two years, of which, $23,426 has been allocated for each year of the subcontract with the city of Chula Vista; and WHEREAS, to continue to receive funds from the 4-H programs in Chula Vista, the City must amend its present agreement with the University of California for each year the program receives funds. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve the Amendment 1 to the Agreement between the Regents of the University of California and the City of Chula vista for the 4-H Youth Development Program, a copy of which is on file in the Office of the city Clerk as Document No. (to be completed by the Clerk in the final document) . BE IT FURTHER RESOLVED that the City Manager, or his designee, is hereby authorized to sign the Amendment to the Agreement between the City of Chula vista and the egents of the University of California. C:\rs\4HAlJlend ~"'::J Bruce M. Attorney Presented by Jess Valenzuela, Director of Parks and Recreation ;lH(;(/;'1!'Il-,f i'- / AGREEMENT NO. SA6035 AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and THE CITY OF CHULA VISTA . -, . ~ ~y 1dIB U__~'J...l't:t!'t UJ!.rnnYlfRNill ~ THIS AGREEMENT is entered into the first day of August, 1993, by and between The Regents of the university. of California, hereinafter called "UC", and the City of Chula Vista, Parks Ula Reereatoi9R gepar~ hereinafter called "Participant". WHEREAS, UC has received a project award from the USDA, Extension Service for the purpose of conducting a Youth at Risk project entitled "4-H AM/PM Club - Chula Vista", said award designated as Project No. 92-EYAR-l-0072. Participant hereby acknowledges and agrees to conform with the Special provisions attached hereto as Exhibit A and incorporated herein by reference. THEREFORE, it is mutually agreed that Participant will perform the work under the USDA, Extension Service Project Award as set forth below and outlined in the Scope of Work, Exhibit B, attached hereto and made a part of this agreement. support,for Drop In and Teen Programs Robert Morris, Senior Recreation Supervisor, city of Chula Vista, Parks and Recreation Department Article I - Allowable Cost and PaVlaent Title: Leader: A. Total costs to be incurred under this agreement shall not exceed $23,426 (Twenty-Three Thousand Four Hundred Twenty- six Dollars) without the prior written approval of UC. Limitation on costs must conform to the budget as outlined in Exhibits A and B. Indirect costs are not allowable costs under this agreement. B. UC shall reimburse participant for allowable direct costs incurred by Participant under this agreement in an amount not to exceed $23,426. Payment will be made by UC upon receipt and approval of invoices for actual costs incurred. Invoices shall be submitted not more frequently than monthly. Such invoices shall reference the agreement number SA6035 and shall be submitted to: Sue S. Manglallan, 4-H Youth Development Advisor University of California San Diego County Cooperative Extension 5555 OVerland Avenue, Building 4 San Diego, CA 92123 (t'i40~ L.o<\'f- 02.0 ~f /'L AGREEMENT NO. SA6035 The city of Chula vista, Parks and Recreation Department page 2 Invoices shall contain supporting detail information as reasonably required by UC. UC may retain 10 percent of any payment request or 10 percent of the total award until required reports have been submitted in accordance with Article II.C. of this agreement and reviewed by Sue A. Manglallan, or upon satisfactory completion of the services and delivery of the required reports. Any unexpended funds remaining at the termination of this agreement shall be returned to UC. C. Participant acknowledges and agrees that, as part of UC's implementation of OMB Circular A-133, UC will monitor Participant's performance under this agreement and, in the event of incomplete performance, UC may require Participant to obtain, at Participant's own expense, an independent audit of costs claimed under this agreement. Article II - General Provisions A. It is hereby agreed by and between the parties hereto that this agreement will commence on September 1, 1993 and will continue until August 31, 1994 or until such time as this agreement may be terminated by either party by giving written notice to the other party at least 30 days in advance of the proposed termination. B. Performance under this agreement shall be governed by the terms and conditions of the USDA, Extension Service Award attached hereto and made a part of this agreement. This agreement also includes the following: 1) Form AD-1048, Certification Regarding Debarment Lower Tier - Exhibit C; 2) Form AD-1049, certification Regarding Drug-Free Workplace Requirements incorporated by reference; 3) Certification Regarding Lobbying and Disclosure - Exhibit D, incorporated by reference; 4) OMB Circular A-2l Federal Cost Principles for Educational Institutions incorporated by reference. C. Participant agrees to prepare and submit to Sue S. Manglallan quarterly progress reports and a year end financial report. The year end financial report is due no later than September 15, 1994. D. without the written consent of UC, this agreement is not assignable by Participant either in whole or in part. E. No alteration or variation of the terms of this agreement , shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. i'""'~ p ) AGREEMENT NO. SA6035 The City of Chula Vista, Parks and Recreation Department page 3 F. participant, and the agents and employees of Participant, in the performance of this agreement, shall act in an independent capacity and not as officers or agents of UC. G. Financial records, supporting documents, and all other records pertinent to this agreement shall be retained for a period of four (4) years from the date of termination of this agreement. Records that are the subject matter of audits, appeals, litigation, or the settlement of claims arising out of the performance of this agreement shall be retained until such audits, appeals, litigations, or claims have been disposed of. Unless court actions or audit proceedings have been initiated, Participant may substitute copies made by microfilming, photocopying or similar methods for the original records. H. University, USDA, Extension Service, the Comptroller General of the United states, or any of their duly authorized representatives, shall have access to any books, documents, paper and records of Participant which are directly pertinent to this agreement for the purpose of making audits, examinations, excerpts and transcriptions. I. participant shall defend, indemnify and hold UC, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of this agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Participant, its officers, agents or employees. UC shall defend, indemnify and hold Participant, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages arising out of the performance of the agreement but only in proportion to and to the extent such liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of UC, its officers, agents or employees. J. Participant in executing this agreement is certifying that it is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this agreement by and federal department or agency, as described in the attached "Certification ~~? AGREEMENT NO. SA6035 The City of Chula Vista, Parks and Recreation Department page 4 Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions", which is attached hereto as Exhibit C. K. Participant in executing this agreement is certifying that, as of December 23, 1989, it neither has used nor will use any appropriated federal funds to lobby for or otherwise influence the awarding or amending of this agreement, and that it will disclose the use of any non-federal funds used for these purposes, as described in the attached "Certification and Disclosure Regarding Payments to Influence certain Federal Transactions", which is incorporated as Exhibit D. The substance of this clause shall be incorporated in all subcontracts under this agreement at any tier. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first written. FOR: THE CITY OF CHULA VISTA, 'fJ1!1'f1IJI.rmr1 IfJ'l /J!(lN$ lal ~0i11 FOR: THE REGENTS OF THE UNIVERSITY OF CALIFORNIA 3-c;-'N i~_ Carol Berman Contracts & Grants Coordinator Agriculture & Natural Resources University of California 300 Lakeside Drive, 6th Floor Oakland, CA 94612-3560 tIe & Address: John Goss. City Manage;/ 276 Fourth Ave. : Ch"lI:r~ Bruce M. Boogaard y,r /J (/ ; ,A--rr-/.. /, -r- I~~:) , ; il/"lc fI/~7!:/cJ / / \ ~.' SA6035, AMENDMENT 1 AGREEMENT BETWEEN THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and THE CITY OF CHULA VISTA THIS AMENDMENT to Agreement Number SA6035, for the project entitled "Support for Drop In and Teen Programs", is made and entered into the 1st day of August, 1994, by and between the parties named in said Agreement. WHEREAS, the parties desire to increase the amount of compensation provided under the Agreement by $23,426 (Twenty-Three Thousand Four Hundred Twenty-Six Dollars) and to extend the period of performance to August 31, 1995; NOW, THEREFORE, the parties hereto do mutually agree to amend the Agreement as follows: 1. Article 1 - Allowable Cost and Payment, is changed to read as follows: A. Total costs to be incurred under this amendment shall not exceed $46,852 (Forty-Six Thousand Eight Hundred Fifty-Two Dollars) without the prior written approval of UC. Limitation on costs must conform to the budget as outlined in Exhibits A and B. Indirect costs and tuition remission costs are not allowable costs under this agreement. B. UC shall reimburse Participant for allowable direct costs incurred by Participant under this amendment in an additional amount not to exceed $23,426 (Twenty-Three Thousand Four Hundred Twenty-Three Dollars) for a total of $46,852 (Forty-Six Thousand Eight Hundred Fifty-Two Dollars) for this agreement. Payment will be made by UC upon receipt and approval of invoices for actual costs incurred. Invoices shall be submitted not more frequently than monthly. Such invoices shall reference the project number SA6035 and shall be submitted to: Sue Manglallan, 4-H Youth Development Advisor University of California San Diego County Cooperative Extension 5555 Overland Avenue, Building 4 San Diego, CA 92123 Invoices shall contain supporting detail information as reasonably required by UC. UC may retain 10 percent of any payment request or 10 percent of the total award until required reports have been submitted in accordance with Article II.C. of this agreement and reviewed by Sue A. Manglallan, or upon satisfactory completion of the services and delivery of the required reports. Any unexpended funds remaining at the termination of this agreement shall be returned to UC. Y'i Agreement No. SA6035, Amendment 1 The Regents of the University of California and The City of Chula Vista page 2 2. Article II - General Provisions, clause A is changed to read as follows: A. It is hereby agreed by and between the parties hereto that this agreement will commence on September 1, 1993 and will continue until August 31, 1995 or until such time as this agreement may be terminated by either party giving written notice to the other party at least 30 days in advance of the proposed termination. With the exception of the changes stated above, all other terms and conditions of the original Agreement Number SA6035 are still in full force and effect. IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first written. For: The City of Chula vista For: The Regents of the University of California Signature and Date ~c:u~ 1L~-U.'A gj/9/9 ~ Carol Berman Date Contracts & Grants Coordinator Division of Agriculture & Natural Resources University of California 300 Lakeside Dr., 6th Floor Oakland, CA 94612-3560 1)"-/ d {)i7;:1t:fI/flf'AJ T C MINUTES OF A REGULAR MEETING OF THE CHILD CARE COMMISSION TUESDAY, 6:30 PM SEPTEMBER 6, 1994 PARKS AND RECREATION DEPARTMENT CONFERENCE ROOM ****************************** CALL MEETING TO ORDER - 6:30 P.M. 1. ROLL CALL MEMBERS PRESENT: Chair Hartman, Commissioners Gish, Pidgeon, Randolph, stillwagon and Humes MEMBERS ABSENT: commissioners Cavanah, Johns, Miehls and Tressler Mr. Morris indicated that he had heard from Commissioners Cavanah, who is on vacation, and from Commissioner Tressler, who is sick. It as MSUC (Humes/Stillwagon) to grant Commissioners Cavanah and Tressler excused from the September 6, 1994 meeting. commissioners Johns and Miehls will have their absences recorded as unexcused. 2. APPROVAL OF MINUTES It was MSUC (Stillwagon/Humes) to approve the August 16, 1994 minutes as submitted. ORAL COMMUNICATIONS NONE The following is an excerpt from the Child Care Commission Meeting: New Business 6. Amendment to 4-H Latchkey Agreement Mr. Morris gave background information about the 4-H programs at Lauderbach Center and Loma Verde Center. A formal agreement was signed last year and this year they are bringing to the city this amendment to that agreement. This is for $23,000 and needs the Commission's endorsement. It was MSUC (Gish/Humes) to endorse and support continuation of the 4-H programs. fr--Ij