CITY OF SIMI VALLEY
MEMORANDUM
Mar
ch 18, 2024
TO: Cit
y Council
FR
OM: Office of the City Manager
SUBJ
ECT: APPROVAL OF A COVID-19 COMMUNITY RECOVERY GRANT
CONTRACT BETWEEN THE CITY OF SIMI VALLEY AND THE BOYS &
GIRLS CLUB OF MOORPARK & SIMI VALLEY
STAFF RECOMMENDATION
It
is recommended the City Council approve the COVID -19 Community Recovery Grant contract (page 5) between the City of Simi Valley and the Boys & Girls Club of Moorpark & Simi Valley for a not to exceed amount of $120,000 and authorize the City Manager to execute the contract.
BACKGROUND AND OVERVIEW
Th
e American Rescue Plan Act (ARPA) allocated $15,325,294 to the City of Simi Valley. Subsequently, on May 9, 2022, the City Council approved the distribution of the ARPA funds to various projects as identified in the Project List in compliance with the ARPA “Final Rule .” The ARPA Final Rule allows cities to claim ARPA funds to offset revenue losses; which funds are then transferred to the City’s General Fund and used for various purposes. The City has claimed the full allocation ($15.3 million) in ARPA funds as revenue loss.
AR
PA funds claimed for revenue loss, and subsequently transferred to the General Fund, are expended as General Fund monies and not ARPA funds. Once ARPA funds are deemed as loss revenue, public agencies c an utilize funds for general services such as health and public services and agencies have the most discretion for the use of funds. Give n the nature and purpose of the various classifications in the approved Project List, staff determined that distribution of these funds could be achieved through the creation of a COVID -19 Community Recovery Grant Program as funding designations greatly assist both the non-profits and agencies that serve Simi Valley residents and businesses who continue to recover from the impacts of COVID-19.
St
aff is recommending that the City Council approve the COVID -19 Community Recovery Grant contract with the Boys & Girls Club of Moorpark & Simi Valley.
AGENDA I
TEM NO.
Consent (3)
FINDINGS AND ALTERNATIVES
On May 9, 2022, the City Council approved a list of projects to allocate the ARPA funds.
The project list also identified potential recipients of the funds based on organizations that have been impacted by COVID -19 or provide services to those that have been and continue to be affected by COVID -19. Now utilizing General Fund monies , staff has created a simplified COVID -19 Community Recovery Grant Program contract that will better serve the Project List recipients. The contracts and reporting requirements for this program mirror the City’s existing Community Project Grant program. Similar to the Community Projects Grant program, s taff will return annually to the City Council with a staff report of the recipient’s progress to re-evaluate the distribution of the funds and the needs at the time.
One of the many non- profits identified in the approved Project List is the Boys & Girls Club of Moorpark & Simi Valley, located at 2850 Lemon Drive in Simi Valley. The Boys & Girls Club offers several high quality programs, which enrich the lives of young people and families in the Simi Valley community. Programs are offered throughout the year and include summer and vacation programs, Kindergarten, transportation, teen programs and athletics. The Club’s mission is to provide a year round educational environment that inspires young people to reach their full potential with programs that nurture their talents and equip them with the tools necessary to succeed.
Childcare continues to be a two- generation workforce issue, essential to support the workforce of today and vital to develop our workforce of tomorrow. Parents rely on childcare to help them enter, re-enter, or remain in the workforce. The Boys & Girls Club continues to see that families within the community are struggling financially due to the impacts of the COVID-19 pandemic as seventy-eight percent of the youth the Club serves are from families that qualify for free and reduced lunches. The need for scholarships , especially for those children that are more at risk, is vital. Along with the financial impacts the pandemic placed on families, both social and academic deficits have also burdened the younger population that participate in the Club’s program. Research suggests that students have lost an entire grade level due to COVID-19. The Boys & Girls Club has put forth a number of programs to address these concerns, however, their leadership sees a need to do more and is requesting assistance from the City.
As a means to provide more financial support through scholarship funding and help Club members succeed both academically and socially, the Boys & Girl Club is requesting $120,000 from the COVID-19 Community Recovery Grant Program. The grant allotment will not only provide scholarship funding but will also allow the Club to roll out the Positive Action Program, an evidence- based program that addresses social emotional learning (SEL), while si multaneously helping to increase academic levels among young people .
Additionally, it also promotes an intrinsic interest in learning and encourages cooperation among Club members. This social emotional learning curriculum will be pivotal for member's emotional well -being, self -confidence, and security of being in a safe environment.
2 A budget summary for the grant funds is as follows:
1. Curriculum, Training, Staffing, and Supplies: $30,000 annually Staff o rientation & training ; Thoughts-Action-Feelings (TAF) circle ; academic standards, social emotional learning, and learning enhancement; elementary and middle school kits/training ; and training on bullying prevention, substance use prevention, counseling, family involvement. Approximately 400 youth served annually.
2. Scholarships for Kids In Need: $10,000 annually
Need varies among families. Funds would benefit up to 50 individuals annually with partial assistance or full scholarships.
Total Funding Allocation over the three-year period is $120,000.
The Boys & Girls Club has identified that $120,000 will be needed to cover the costs of scholarships for families in need of childcare services and academic enrichment curriculum for the youth affected by the COVID -19 pandemic. Funds would enable families to access childcare programs to return to work or increase their work hours. The grant would provide economic stability for numerous households and enhance educational and social opportunities for children. (Attachment A, page 14).
The contract will provide a disbursement of $40,000 annually over a three–year period to the Boys & Girls Club for a not -to-exceed amount of $120,000 . The Club will be responsible for providing a Performance Report upon completion of the project, documenting all expenditure activit ies ( through the completion of the term of this contract), and providing bi -annual status updates to ensure progress toward the goals and activities and identify any barriers to the completion of the overall scope of work.
The following alternatives are available to the City Council:
1. Approve the COVID-19 Community Recovery Grant contract between the City of Simi Valley and the Boys & Girls Club of Moorpark & Simi Valley for a not - to-exceed amount of $120,000;
2. Modify and ap prove the COVID -19 Community Recovery Grant contract between the City of Simi Valley and the Boys & Girls Club of Moorpark & Simi Valley;
3. Provide further direction to staff.
Staff recommends Alternative No. 1.
3 SUGGESTED CITY COUNCIL MOTION
I move to approve the COVID-19 Community Recovery Grant contract between the City of Simi Valley and the Boys & Girls Club of Moorpark & Simi Valley for a not -to-exceed amount of $120,000 and authorize the City Manager to execute the contract.
SUMMARY
The City of Simi Valley has received $15,325,294 from the American Rescue Plan Act (ARPA). On May 9, 2022, in accordance with the ARPA "Final Rule," the City claimed the ARPA funds to offset revenue losses and moved the funds to the City's General Fund for use on a variety of projects. Subsequently, the City Council approved the distribution of these funds to various projects indicated in the ARPA Project List. The City has since claimed the whole allotment of ARPA monies ($15.3 million) as income loss. Given the nature and purpose of the various classifications in the approved Project List, staff determined that distribution of these funds could be achieved through the creation of a COVID-19 Community Recovery Grant Program.
The Boys & Girls Club of Moorpark & Simi Valley’s request for funding through the City’s grant program addresses a variety of critical needs either resulting from or exacerbated by COVID-19. Funding will be distributed over the course of three-years per the attached Boys & Girls Club F unding Budget Proposal, and used for the primary category of childcare services. Staff recommends the City Council approve the COVID -19 Community Recovery Grant contract between the City of Simi Valley and the Boys & Girls Club of Moorpark & Simi Valley for a not -to-exceed amount of $120,000 and authorize the City Manager to execute the contract.
____________________________________
Linda Swan
Assistant City Manager
INDEX Page
COVID-19 Community Recovery Grant Contract……………………. ..5 Attachment A – Boys & Girls Club if Moorpark & Simi Valley ……… 13
4 CONTRACT FOR THE COVID-19 COMMUNITY
RECOVERY GRANT BETWEEN THE CITY OF SIMI
VALLEY AND BOYS & GIRLS CLUB OF MOORPARK &
SIMI VALLEY
THIS CONTRACT is made and entered into this 18th day of March 2024 (the “Effective Date”), by and between the CITY OF SIMI VALLEY, a municipal corporation, hereinafter referred to as CITY, and Boys & Girls Club of Moorpark & Simi Valley , a non- profit organization, hereinafter referred to as GRANTEE.
Pursuant to CONTRACT, CITY hereby agrees to provide this funding in accordanc e with the following terms and conditions:
1. PURPOSE
CITY has created a COVID -19 Community Recovery Grant Program (Program) to provide financial assistance to local non-profit organizations, government agencies, and public/private partnerships that serv e the vulnerable population of the community and support the City’s business community. The Program is designed to help strengthen local non- profits and the services they provide as their organization and the population served continue to recover from the negative impacts of the COVID -19 pandemic. Pursuant to action taken by the City Council of the City of Simi Valley on August 22, 2022, the City is allocating grant funds as proposed to be used for an activity as further set forth in the GRANTEE’s Scope of Work, attached hereto as Exhibit A and incorporated into this CONTRACT herein by reference.
2. TERM
The term of the Contract will shall be from the Effective Date through December 30, 2026.
3. GRANT AWARD
It is agreed and understood that the total amount to be paid by CITY to GRANTEE under this CONTRACT shall not exceed $120 ,000 over the term of this CONTRACT.
3. PERMITS AND LICENSES
GRANTEE, at its sole expense, will obtain and maintain during the term of this contract, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement.
4. GRANT PAYMENTS
City will provide Grantee with an amount not to exceed $ 120,000 in accordance with the “Schedule of Compensation” that is attached hereto as Exhibit “B”. Prior to initial payment, Grantee will provide CITY with a copy of their Business Tax Certificate and provide their Taxpayer Identification Number.
5 5. PERFORMANCE REPORT
GRANTEE agrees to submit to CITY a bi-annual P erformance Report each calendar year, beginning in June 2024 through December 2026, via E -mail to Heidi DiNardo at HDiNardo @simivalley.org. Reports shall be submitted after six months with expenditure activity through completion of the scope of work or the Term, as requested by CITY. The report shall include a status update for the GRANTEE’s progress toward the goals and activities described in the GRANTEE’s scope of work Exhibit “A” including current grant expenditures, cumulative grant expenditures, and any barriers to completion of the project’s scope of work.
6. FINANCIAL AUDIT
CITY shall have the option of inspecting and/or auditing all records and other written materials used by GRANTEE in its use of grant funding. GRANTEE is required to retain all relat ed financial statements and documentation for a minimum of five years from the date of completion as noted in the final accepted quarterly report.
7. FISCAL RESPONSIBILITIES
A. Grantee will appoint and submit the name of a fiscal agent who will be responsible for the financial and accounting activities of GRANTEE, including the receipt and disbursement of the GRANT.
B. Grantee to d ocument all costs by maintaining complete and accurate records of all financial transactions, including, without limitation, contracts, invoices, time cards, cash receipts, vouchers, canceled checks, payroll reports, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all charges.
C. City will pay Grantee progress payment s or advance funding at the time and in the manner set forth in Exhibit “B”. Grantee will submit reasonable back-up documentation as specified by City with any request for payment.
D. City and Grantee to mutually agree on preferred payment s chedule (monthly, quarterly, or bi-annual draws) after execution of contract.
8. TERMINATION
A. CITY may, at its sole discretion, terminate this Agreement and GRANTEE’s funding upon ninety (90) days written notice that adequate CITY funding is not available for payment.
B. CITY may terminate Agreement subject to GRANTEE’s right to correct its default.
6 C. Upon suspension or termination of this Agreement by CITY, CITY will not be obligated to pay GRANTEE except for services previously performed for which payment was not previously made.
D. Upon suspension or termination, GRANTEE will
i. Be paid for all completed services in accordance with the GRANTEE’s scope of work to the date of such suspension or termination.
ii. Promptly forward to CITY any and all copies of studies, reports and other data, whether or not completed, prepared by GRANTEE or its subcontractors, if any, in connection with this Agreement. Such materials will become CITY’s property. GRANTEE, however, will not be liable for CITY’s use of incom plete materials or for CITY’s use of complete documents if used for other than the services contemplated by this Agreement.
9. REPAYMENT OF GRANT FUNDS
The CITY shall have the option of requiring repayment of a portion or all of the grant funds based upon the result of any financial audits or lack of performance.
Should GRANT monies remain unspent upon termination of this Agreement, GRANTEE must return such funds to CITY within thirty (30) calendar days of the expiration of the term, or make a request in writing to keep those funds. Such a request will be submitted to the City Manager and must be received not later than thirty (30) calendar days prior to the expiration of the term.
10. HOLD HARMLESS AND INDEMNIFICATION
GRANTEE shall defend, indemnify, and hold harmless CITY and its agents, officials, officers, representatives, and employees from and against all claims, lawsuits, liabilities, or damages of whatever nature arising out of or in connection with, or relating in any matter to, any act or omissi on of GRANTEE, its agents, employees, and subcontractors, and employees thereof, pursuant to the performance or non- performance of this CONTRACT. GRANTEE shall thoroughly investigate any and all claims and indemnify CITY and do whatever is necessary to protect CITY and its agents, officials, officers, representatives, and employees as to any such claims, lawsuits, liabilities, expenses, or damages arising out of this CONTRACT. GRANTEE must select an attorney acceptable to CITY who will defend such proceeding, and CITY will control any litigation thereof. Such approval by CITY will not be unreasonably withheld.
11. AUTHORIZATION
Each party has expressly authorized the execution of this CONTRACT on its behalf to bind each party and its respective administ rators, officers, directors, shareholders, divisions, subsidiaries, agents, employees, successors, assigns, principals, partners, joint ventures, insurance carriers, and any others who may claim through it, to this CONTRACT.
7 11. INSURANCE
GRANTEE will prov ide CITY with proof of insurance as set forth in attached Exhibit “C”, which is incorporated herein.
12. NOTICES
Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:
TO CITY: City of Simi Valley
City Manager’s Office
Attn: Heidi DiNardo, Management Analyst
2929 Tapo Canyon Road
Simi Valley, CA 93063
TO GRANTEE: Boys & Girls Club of Moorpark & Simi Valley Attn: Scott Mosher
2850 Lemon Drive
Simi Valley, CA 93063
12. AMENDMENTS
Any amendment, modification, or variation from the terms of this CONTRACT shall be in writing and shall be effective only upon mutual written approval by City Manager and GRANTEE.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year above written.
Attest: City of Simi Valley, A Municipal Corporation
By:
Lucy Blanco, City Clerk Brian Paul Gabler, City Manager
Approved as to Form: Boys & Girls Club of Moorpark & Simi Valley
By:
Algeria Ford, City Attorney
Approved as to Content: Print Name:
Title:
Linda Swan, Assistant City Manager
8 EXHIBIT A
SCOPE OF WORK
FOR USE OF CITY OF SIMI VALLEY’S COVID-19 COMMUNITY
RECOVERY GRANT FUNDS
Positive Action Program - Curriculum, Training, Staffing and Supplies - $90,000 ($30,000 per year for a three-year term)
Activities include staff orientation &
training; Thoughts -Action-Feelings (TAF)
circle; academic standards, social
emotional learning, and learning
enhancement; elementary and middle
school kits/training; and training on
bullying prevention, substance use
prevention, counseling, family
involvement.
Funds would benefit approximately 400
youth annually.
Subtotal: $90,000
Scholarships for kids in Need - $30,000
($10,000 per year for a three-year term)
Scholarships for before and after school
care, summer and vacation programs,
teen activities, etc.
Varies based on need. Funds woul d
benefit up to a maximum of 30 to 40 young
individuals annually with partial assistance.
Up to a maximum of 8 to 10 young
individuals if full scholarship provided.
Subtotal: $30,000
Total Funding Request: $120,000
9 Exhibit B
SCHEDULE OF COMPENSATION
BOYS & GIRLS CLUB MOORPRAK & SIMI VALLEY
1. BILLING: Grantee will submit a Request for Funding to City in the amount of $40,000 annually per year for a three-year period (2024-2026) with supporting documentation that is required by the Agreement. Grantee will submit invoice to the City at the following address:
City of Simi Valley
City Manager’s Office
2929 Tapo Canyon Road
Simi Valley, CA 93063
Attention: Heidi DiNardo
The invoice must be submitted on the City’s billing and reporting form (Attachment “B-1”) and must include the following:
(a) Supporting documentation to substantiate request for funding;
(b) A subtotal sheet enumerating all charges, and
(c) A brief report on the progress that has been made or that will be made in implementation of the Project and persons served.
2. TIME OF PAYMENT: City will make payment to Grantee after receipt of invoice and City’s approval of the invoice.
3. MAXIMUM COMPENSATION: Notwithstanding the foregoing, Grantee will complete all work and tasks described in Exhibit A for a total amount of compensation that does not exceed $120,000 which includes all out-of-pocket expenses.
10 EXHIBIT C
INSURANCE REQUIREMENTS
Grantee shall procure and maintain for the duration of the grant insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Grantee, its agents, representatives, contractor, or employees.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. Contractor hereby cer tifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation.
If the grantee maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the grantee. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
- The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Simi Valley, its Boards, Officers, Agents, Officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the grantee including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the grantee’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this grant, the grantee’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its Boards, Officers, Agents, Officials, employees, and volunteers. Any insurance or self - 11 insurance maintained by the City, its Boards, Officers, Agents, Officials, employees, and volunteers shall be excess of the grantee’s insurance and shall not contribute with it.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Grantee hereby grants to City a waiver of any right to subrogation which any insurer of said grantee may acquire against City by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. The Worker s’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the grantee, its employees, agents and subcontractors.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the grantee to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Verification of Coverage
Grantee shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the grantee’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Grantee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and grantee shall ensure that the City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 12 PROPOSAL FOR THE CITY OF SIMI VALLEY
Background
Th
ere is no question that COVID has had a tremendous impact on everyone’s life. We at the Boys & Girls Club recognized very early on that it would have significant impact on the emotional well-being of the young people in our community. Within 10 days after the shut-down of businesses, we were at work making weekly wellness calls to every Club member. Such calls provided a sense of connection, reassurance, and concern for each child. Two weeks later, we initiated virtual programming, providing enrichment activities, physical moment, and fun for our members. About six weeks later, we opened our doors, providing services 11 hours a day. We went on to provide full day programming for the next 18 months. In a time that there was much concern for depression, anxiety, domestic violence and other challenges that adults were facing, we advocated strongly to address the impact it was having on kids. We implemented a number of programs to address this including daily wellness checks, connection circles, journaling, yoga, social activities, and other social emotional learning programs to promote communication and emotional wellness. While all of things programs were beneficial, we have seen the need to do more. Experts have stated that it will take several years for children to regain both academically and socially from pre-COVID.
Proposal
Wh
ile the Boys & Girls Club has made positive strides to address this need, we are constantly looking for additional resources to maximize the impact we have on our members. The State has acknowledged the need to address this issue and has allocated money for such programs, however, those funds have been directed to the school districts, which have increased access for services at school sites, but not community-based programs.
We
have found a program that we feel will make a significant impact with our Club members. The program is Positive Action. It is an evidence-based program that not only addresses social emotional learning (SEL), but also has been proven to increase the academic levels of young people. As you may know, students have lost an entire grade level due to COVID. Academic enrichment and support is another cornerstone of the services we provide. One of the benefits of the curriculum is that it is developed by grade level, so it meets kids where they are and is not a single program for all ages.
ATTACHMENT A
13 The other issue we have seen is that many of our families are struggling financially. We see the need to provide more scholarships so all kids, especially those that need us most are able to attend. Seventy-eight percent of the kids we serve are from families that qualify for free and reduced lunches. While we serve kids from every area of Simi Valley, and the need for such services are important for all kids, many of the kids we serve of the youth we serve do not have the same opportunities as others. The challenges, both academically and socially, that children that are more at-risk face is a gap that is alarmingly widening.
Request
The Boys & Girls Club of Moorpark & Simi Valley respectfully requests the support of the City of Simi Valley to help address these needs for the youth we serve in Simi Valley. To maximize our impact, we are seeking funding over a three-year period of time, which is a conservative estimate consistent with what experts are saying the need will be.
Cost Per Year
Curriculum, Training, Staffing, and Supplies $ 30,000
Scholarships for Kids in Need $ 10,000
Total Cost Per Year $ 40,000
Total Cost for Three-Year Project $120,000
Such funding would serve about 400 young people each year.
Thank you so much for your consideration!
14