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HomeMy WebLinkAboutReso 193-2021 (21-843)File Number: 21-843 City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Resolution: RES 193-2021 Enactment Number: RES 193-2021 RESOLUTION AUTHORIZING THE ACCEPTANCE OF TWO GRANTS FOR THE SOUTH SAN FRANCISCO GUARANTEED INCOME PILOT PROGRAM, 1) A GRANT OF $100,000 FROM SAN MATEO COUNTY MEASURE K FUNDS AND 2) A GRANT OF $100,000 FROM THE SILICON VALLEY COMMUNITY FOUNDATION, AND APPROVING BUDGET AMENDMENT NUMBER 22.027 APPROPRIATING $200,000 FOR THE PILOT PROGRAM. WHEREAS, on July 14, 2021, City Council adopted Resolution 140-2021 approving the South San Francisco Guaranteed Income Pilot Program and appropriating $1 million in American Rescue Plan Act funds for the Program; and WHEREAS, on July 28, 2021, City Council adopted Resolution 148-2021 approving a contract with the YMCA Community Resource Center to administer the Program and appropriating an additional $200,000 in funds that would be offset by anticipated grants; and WHEREAS, since Council took these actions, the City has been awarded a $100,000 grant from the Silicon Valley Community Foundation via the South San Francisco Public Library Foundation; and WHEREAS, the City has also been awarded a $100,000 grant from San Mateo County District -Discretionary Measure K Funds through District 1, represented by Supervisor Dave Pine; and WHEREAS, these funds will directly offset the $200,000 previously appropriated by Council by Resolution 148-2021. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts the $100,000 Silicon Valley Community Foundation grant via the South San Francisco Public Library Foundation and the $100,000 San Mateo County Measure K grant; authorizes the City Manager to enter into any necessary agreements to fulfill the intent of this Resolution, subject to approval as to form by the City Attorney, and to take other necessary actions to effectuate the purpose of this resolution; and approves Budget Amendment 22.027 appropriating $200,000 for the South San Francisco Guaranteed Income Pilot Program. Exhibit A: Silicon Valley Community Foundation Grant Award Letter Exhibit B: San Mateo County Measure K Grant Agreement City of South San Francisco Page 1 File Number. 21-843 Enactment Number. RES 193-2021 At a meeting of the City Council on 11/10/2021, a motion was made by Vice Mayor Nagales, seconded by Councilmember Coleman, that this Resolution be approved. The motion passed. Yes: 5 Mayor Addiego, Vice Mayor Nagales, Councilmember Nicolas, Councilmember Coleman, and Councilmember Flores Attest by osa Govea Acosta, City Clerk City of South San Francisco Page 2 4• SILICON VALLEY community foundation' August 19, 2021 South San Francisco Public Library Foundation 840 West Orange Avenue South San Francisco, CA 94080 Dear Friends: We are pleased to award South San Francisco Public Library Foundation a grant of $100,000.00 from the Advancing Financial Stability Fund of Silicon Valley Community Foundation. This grant is to support the Latinx community in two of the lowest income census tracts by alleviating poverty and providing tools for economic agency through a Guaranteed Income pilot program in South San Francisco. Please note that by accepting these funds, your organization confirms that any funds not used for' the purposes specified in this letter will be returned to Silicon Valley Community Foundation. The community foundation is proud to partner with your organization, in our shared mission to strengthen the common good, improve quality of life and address the most challenging problems. We appreciate the work of your organization and again congratulate you on this grant supporting your efforts. Sincerely, Gina Dalma EVP Community Action, Policy and Strategy Grant #: 108860 (4535) Agreement No. __________ Board Resolution No. ________ Page 1 MEASURE K GRANT AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND CITY OF SOUTH SAN FRANCISCO This Agreement is entered into this 9th day of November, 2021 by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and the City of South San Francisco (”Grantee”). * * * WHEREAS, the Grantee has applied to the County seeking a grant for the purpose of funding the matters set forth in its Project described in Exhibit A (the “Grant”); WHEREAS, the County has approved the grant of certain funds to Grantee pursuant the terms set forth in this Agreement; NOW, THEREFORE, it is agreed by the parties to this Agreement as follows: 1. Exhibits and Attachments The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference: Exhibit A—Project Description Exhibit B—Reporting 2. Grant County hereby grants to Grantee a sum not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000) in consideration of and on the condition that the sum be expended for the sole purpose of carrying out the objectives of Grantee’s Project as identified in Exhibit A, and in no event shall the County’s total fiscal obligation under this Agreement exceed this amount. Grantee agrees to assume any obligation to secure and furnish any additional funds that may be necessary to carry out its Project. Funds granted under this Agreement shall not be disbursed until execution of this Agreement by County and Grantee. County shall disburse grant funds to Grantee upon receipt of invoices. Invoices should be accompanied by back up documentation (e.g., receipts for professional services rendered, salary and benefits back up, etc.) and submittal of any required summary reports outlined in Exhibits A or B. The County reserves the right to change the disbursement method during the term of this Agreement. The disbursement schedule is as follows: • Payment 1- Invoice for up to 50% of the grant ($50,000), upon submission of receipts/invoices shoring expenditures on items funded by the grant. • Payment 2 - Invoice for remainder of the grant ($50,000), upon submission of receipts/invoices showing expenditures on items funded by the grant, including photographs and use of Measure K logo as approved by the County. INVOICES: Requests for grant disbursement should be (1) on the organization’s official letterhead, (2) include date of invoice, amount requested, and Agreement number, and (3) submitted to the attention of: Molly Villagomez, Accountant for Measure K 455 County Center, 4th Floor Redwood City, CA 94063 Email: [email protected] Agreement No. __________ Board Resolution No. ________ Page 2 3. Term & Termination Subject to compliance with all terms and conditions, the term of this Agreement shall begin on the date of execution by the Parties and continue through December 31, 2022. This Agreement will not automatically renew, nor shall it create any reliance on the possibility of future grants. County may terminate this Agreement based upon the unavailability of Federal, State, or County funds by providing written notice to Grantee within a reasonable time after County learns of said unavailability of funding. Grantee acknowledges that this Agreement may be subject to approval of the Board of Supervisors, and assumes all risk of possible non-appropriation and non-approval of funds. County may suspend and/or terminate this Agreement if Grantee fails to comply with the terms of this Agreement and may, in its sole discretion, withhold or cancel pending and future disbursements of grant funds and/or require Grantee to return some or all funds disbursed under this Agreement. 4. Relationship of Parties Notwithstanding any publicity or other references to the County required to be made in connection with the Project as set forth in Exhibit A, Grantee understands and agrees that the Project performed under this Agreement is not performed by Grantee as an independent contractor of the County or as an employee of County and that neither Grantee nor its employees acquire any of the rights, privileges, powers, or advantages of County contractors or County employees. Grantee acknowledges and agrees that it is not, and will not hold itself out as, an agent, partner, or co-venturer of the County, and that this Agreement is not intended to and does not create an agency, partnership, joint venture between the Parties. 5. Project Administration The Parties agree that the Project as described in Exhibit A shall not be altered without a written amendment to this Agreement, signed by both the County and the Grantee. Grantee shall provide written reports to the County’s authorized representative in accordance with Exhibit B. 6. Hold Harmless Grantee shall indemnify and save harmless County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services performed of Grantee in furtherance of the Project under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following: (A) injuries to or death of any person, including Grantee or its employees/officers/agents/volunteers; (B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply with any applicable federal, state, or local laws or regulations; or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County and/or its officers, agents, employees, or servants. However, Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct. The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code. Agreement No. __________ Board Resolution No. ________ Page 3 7. Insurance a. General Requirements Prior to its receipt of any funds pursuant to this Grant Agreement, Grantee shall obtain all insurance required under this Section and such insurance shall be subject to the approval by County’s Risk Management, and Grantee shall use diligence to obtain such insurance and to obtain such approval. Grantee shall furnish County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending Grantee’s coverage to include the contractual liability assumed by Grantee pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days’ notice must be given, in writing, to County of any pending change in the limits of liability or of any cancellation or modification of the policy. b. Workers’ Compensation and Employer’s Liability Insurance Grantee shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, Grantee certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing or continuing the performance of Project work for which it would receive grant funds. c. Liability Insurance Grantee shall take out and maintain during the term of this Agreement such bodily injury liability and property damage liability insurance as shall protect Grantee and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Grantee’s operations under this Agreement, whether such operations be by Grantee, any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall not be less than the amounts specified below: X Comprehensive General Liability… $1,000,000 (Applies to all agreements) ☐ Motor Vehicle Liability Insurance… $1,000,000 (To be checked if motor vehicle used in performing services) ☐ Professional Liability………………. $1,000,000 (To be checked if Grantee is a licensed professional) County and its officers, agents, employees, and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to County and its officers, agents, employees, and servants shall be primary insurance to the full limits of liability of the policy and (b) if the County or its officers, agents, employees, and servants have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only. In the event of the breach of any provision of this Section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, County, at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend any further payment pursuant to this Agreement. Agreement No. __________ Board Resolution No. ________ Page 4 8. Assignability and Subcontracting Grantee shall not assign this Agreement or any portion of it to a third party. Except as set forth in Exhibit A, Grantee shall not subcontract with a third party to perform the Project. Any such assignment or subcontract without County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement without penalty or advance notice and the County shall have the right to a refund of all funds disbursed under this Agreement. 9. Compliance With Laws All services to be performed by Grantee in connection with the Project shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including, but not limited to, any laws related to payment of prevailing wages pursuant to the California Labor Code. In connection with the Project, Grantee bears responsibility to obtain, at Grantee’s expense, any license, permit, or approval required from any agency. 10. Merger Clause; Amendments This Agreement, including Exhibits, constitutes the sole Agreement of the parties regarding the Grant, and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties concerning the Grant that are not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties. 11. Controlling Law; Venue The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State of California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California. 12. Notices Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt. In the case of County, to: In the case of Grantee, to: Rosalinda Jen, Measure K Administrator 455 County Center, 4th Floor Redwood City, CA 94063 (650) 363-4122 Email: [email protected] Nell Selander, Interim Director Economic & Community Development Department City of South San Francisco 650-829-6613 [email protected] Agreement No. __________ Board Resolution No. ________ Page 5 13.Electronic Signature Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement. * * * THIS AGREEMENT IS NOT VALID UNTIL SIGNED BY ALL PARTIES. NO FUNDS WILL BE DISTRIBUTED UNTIL THIS DOCUMENT HAS BEEN SIGNED BY THE COUNTY’S AUTHORIZED DESIGNEE. For Grantee: City of South San Francisco _____________________________ (signature) Authorized Representative Grantee Mike Futrell, City Manager (please print name) Authorized Representative Grantee _______________ Date _____________________________ Name of Grantee For County: ______________________________ (Signature) Authorized Designee County of San Mateo ILIANA RODRIGUEZ ____________________________ (please print name) Authorized Designee County of San Mateo ______________ Date DEPUTY COUNTY MANAGER ______________________________ Job Title (please print) 80125-6265 ______________________________ Budget Unit BOSD1 ______________________________ Measure K JL Code Agreement No. __________ Board Resolution No. ________ Page 6 Exhibit A The County and Grantee agree that the grant funds shall only be used to further the goals of the following Project, described below and in the November 9, 2021 Board transmittal and resolution, attached hereto: Grantee will Measure K funds to for the City of South San Francisco’s Guaranteed Income Pilot Program, which will provide eligible City residents with $500 per month for 12 months, beginning in November 2021 and concluding in October 2022, with the intent of mitigating or ameliorating negative consequences associated with persistent poverty. Grantee will partner with YMCA Community Resource Center to administer the program. Application priority will be based on need and risk factors for remaining in poverty, as follows: Tier I applicants are households at or below 30% Area Median Income (AMI) that do not qualify for other public benefits. Tier II requires that households be at or below 30% AMI. Tier III are households at or below 50% AMI and do not qualify for other public benefits. Tier IV are households that are at or below 50% AMI. Under no circumstances will the County’s fiscal obligation exceed $100,000. Agreement No. __________ Board Resolution No. ________ Page 7 Exhibit B In accordance with the terms of this Grant Agreement, Grantee will provide as allowed by budget, or cause to be provided the services for the Project detailed in Exhibit A and will report back to the County regarding various performance measures including, but not limited to, those noted below. Such reporting data shall be delivered to the County no later than December 31, 2022. In addition, Grantee agrees to provide descriptive information about the Project funded by the Measure K grant upon reasonable request of the County, including, but not limited to, the County Manager’s Office, the County Communications Officer, or the Supervisorial District Office. Measure Target Scoring of financial, educational, and employment improvements of participants after receiving a guaranteed income for one year. 160 Participants