HomeMy WebLinkAboutCC Resolution 9170 (Pickleweed Park Renovation Project)Resolution 9170
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
1) EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH
THE FRIENDS OF PICKLEWEED PARK AND
2) EXECUTE THE GRANT AGREEMENT WITH THE MARIN
COMMUNITY FOUNDATION ON BEHALF OF THE FRIENDS OF
PICKLEWEED PARK FOR THE PICKLEWEED PARK RENOVATION
PROJECT.
WHEREAS, The City of San Rafael adopted a new master plan for
Pickleweed Park in 1988, and
WHEREAS, the next priority improvement for Pickleweed Park is to
renovate the playground area, and
WHEREAS, the community has held several meetings to outline and help
prepare a design plan for the playground area, and.
WHEREAS, the community has organized into a group called the Friends
of Pickleweed Park to solicit donations, fundraise and manage the construction of
the renovation project, and
WHEREAS, the Friends of Pickleweed Park has been awarded a grant for
$269.965 from the Marin Community Foundation as a community development
project, and
WHEREAS, the City will act as fiscal and legal agent for the Friends of
Pickleweed Park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
San Rafael does hereby:
1) Authorize the City Manager to execute the Memorandum of
Understanding with the Friends of Pickleweed Park regarding the renovation of
Pickleweed Park; and
2) Authorize the City Manager to execute the Grant Agreement with the
Marin Community Foundation for the receipt of a grant of $269,965 on behalf of
the Friends of Pickleweed Park, for the renovation of Pickleweed Park.
I, JEANNE M. LEONCINI, Clerk of City of San Rafael, hereby certify that
the foregoing resolution was duly and regularly introduced and adopted
at a regular meeting of the City Council of said City held on the
5TH day of JULY ,1994, by the following vote, to wit:
AYES:: COUNCILMEMBERS: Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
JE NE M. LEONdNI
City Clerk
ORIGINAL a,ko
Memorandum of Understanding
between the City of San Rafael and the Friends of Pickleweed Park
for the Renovation of Pickleweed Park Project.
This Memorandum of Understanding is made and entered into this
fifth day of July, 1994, by and between the City of San Rafael, herein referred to
as "City" and the Friends of Pickleweed Park, a community group organized
to fundraise and manage the construction of the Pickleweed Park
Renovation, herein referred to as "Friends".
RECITALS
The City, with significant community input, prepared a new master
plan for Pickleweed Park in 1988. Several phases, including the Child Care
Center, Community Garden and a new basketball court have been completed.
The next priority is to renovate the existing playground. Several community
meetings have been held and interested neighbors, leaders and businesses
shared ideas and enthusiasm to see the playground project completed.
The Friends of Pickleweed Park, an organization of these interested
parties, formed to help design the project, coordinate the fundraising and
manage the construction of the project.
The City desires to enhance the recreational activities of its citizens and
to promote the general health and welfare of the community by encouraging
community involvement in the renovation The City believes these goals
can best be achieved by partnering with the Friends to construct the
renovation project.
Wherefore, the City and the Friends hereby agree as follows:
AGREEMENT
Section 1: The Project
The 'Project" is the Renovation of Pickleweed Park: phase one the
playground to include two playground areas, patio with an arbor, new
parking area, landscaping, entry, a bathroom and amenities; phase two is
supervision and maintenance of the outdoor facilities and phase three is a
new community plan and implementation for the grass field and
surrounding areas.
Section 2: Duties and Responsibilities of the Friends
2.1 The Friends will solicit donations of labor and materials, grants and
fundraise to generate the necessary resources to complete all phases of the
project.
2.2 The Friends, at their expense, will provide competent management
and supervisory community volunteers for the actual day to day construction
of the project. Friends will coordinate their activities with the City to insure
the plans and specifications for the Project are followed.
Section 3 Duties and Responsibilities of the City
3.1 City will be the fiscal agent for the Project. City will account for all
expenditures and revenues and will prepare all necessary reports for grant
agencies.
3.2 City will be responsible for construction inspection to insure that
Project meets all plans and specifications.
3.3 City will insure Project complies with all applicable laws,
ordinances, codes and regulations of the State, Federal and local
governments.
3.4 City will act as the legal entity on behalf of the Friends to enter into
any necessary agreements for grants, work orders and purchases.
Section 4: Term
The term of this agreement shall be from July 5, 1994 through
December 31, 1996, inclusive. This agreement may be extended upon written
agreement of both parties.
Section 5: Termination of Agreement
Either party may terminate this agreement without cause upon
providing the other party written notice of such termination ninety days
prior to the date of termination. Upon termination, all improvements in
place shall remain and shall become the property of the city, without any
financial obligation of City to Friends.
Section 6: Volunteers, Not City Employees
Friends and their personnel, agents, employees are volunteers of City and are
not employees of City.
City of San Rafael
By
Pamela J. Nicolas
City Manager
Attest:
Jean�6'M Leoncine
City Clerk
App yed
Gary T. Raggl
City Attorney
mti
Approve As To Content:
Sharon McNamee
Recreation Director
Friends of Pickleweed Park
By:iin���
Carlen art
By: ; ��
Bili'Weeks
By* n Sir&ntacchi'
By:f'
J hn Young, A
Grant Agreement
between the
Marin Community Foundation
17 East Sir Francis Drake Blvd, Ste. 200
Larkspur, CA 94939
and
For MCF Office Use
CO�I`i�G FUND BUCK
L GRANT# 27 93-401
OFFICER Hodges
CD
N`0= AREA
L ��
Grantee: Friends of Pickleweed Park
Address: 43 Shannon Lane
San Rafael, CA 94901
Telephone: 415/454-2640 Contact Person: Carlene McCart
Title: Chair
Fiscal Agent (if other than Grantee): City of San Rafael
1400 Fifth Avenue
M&Fsbox 151560 San Rafael, CA 94915-1560
Telephone: 415-485-3070 Contact Person: Ms. Suzy Golt
Title: Assistant City Manager
TERMS AND CONDITIONS OF GRANT:
The following terms and conditions must be met by the above named Grantee ("Grantee") in order to receive the grant that has
been awarded. If and when the Grantee fails to meet any of these terms and conditions, the Marin Community Foundation
("Foundation") may withdraw its award and terminate this Grant Agreement ("Agreement') and shall thereupon have no further
obligation to disburse to Grantee any remaining unpaid grant funds, and may further require repayment of any grant funds which
were not used in accordance with the terms of the Agreement, including the grant purpose and objectives set forth in this
Agreement. In addition, the Foundation shall have all other rights available at law against the Grantee arising out of a breach of this
Agreement.
I. Grant Purpose
A grant for renovation of Pickleweed Park playground.
2. General Terms
Name of Project Pickleweed Park Renovation
Grant No. 93-401
Fund BUCK
Grant Amount $269,965
Date Approved May 19, 1994
Grant Period 26 months: 5/1/94 - 6/30/96
i
1
Marin Community Foundation
Page I of 4
Grant Agreement Rev. 1/9 1
Payment Schedule
$ 40,000 to be paced (by invoice) June 1994*
$140,000 to be paid (by invoice) July 1994*
$ 89,965 to be paid (by invoice) July 1995*
*Release of payment is conditioned as noted below
Project Review Reports
Semi -Annual Report due:
11/30/94
covering
5/1/94
- 10/31/94
Annual Report due:
5/31/95
covering
5/1/94
- 4/30/95
Semi -Annual Report due:
11/30/95
covering
5/1/95
- 10/31/95
Final Report due: 7/30/96 covering 5/1/95 - 6/30/96
3. Attachments
A. If the amount awarded is the same as the amount requested, project objectives ("Project Objectives') and a project budget
("Project Budget) are attached to this agreement and are incorporated herein.
B. If the grant award differs from the grant request, before the release of any payment on the grant the Grantee must submit revised
Project Objectives and a Project Budget that are acceptable to the Foundation in its sole discretion. Should the Grantee fail to submit
acceptable Project Objectives and Project Budget within 60 days of written notification of the grant award, the Foundation may at its
discretion withdraw its grant award.
If a fiscal agent is involved, before the release of any payment on the grant the Grantee must submit a copy of the memorandum
of understanding between the Grantee and the fiscal agent that is acceptable to the Foundation in its sole discretion,
which will be attached to this agreement and incorporated herein.
4. Special Conditions
1. Submittal of revised project expense and income statement
(prior to release of first payment).
2. Submittal of memorandum of understanding between the City of
San Rafael and the Friends of Pickleweed Park which
describes the fiscal and oversight arrangement between the
two entities.
3. Submittal of a revised workplan identifying tasks,
timetables, contractors, and costs.
4. Prior to release of all payments, documentation of receipt j
of three dollars in cash or in-kind contributions for every
dollar contributed by MCF must be submitted to satisfy the
matching requirement.
Marin Community Foundation Page 2 of 4 Grant Agreement Rev. 1/91
14. Reversion
Any funds not expended for the purposes agreed to by the Foundation, including any unspent balance at the conclusion of the grant
period, must be returned to the Foundation. Grantee agrees that it shall convey back to the Foundation any equipment or real
estate purchased with grant funds if the nature of its use is diverted from the purposes for which the grant was made, or if the
Grantee organization ceases operations.
15. Modification and Termination
The terms of this Agreement may be revised or modified only with the prior written consent of both parties. If and when the
Grantee fails to meet any of the terms or conditions of the Agreement, the Foundation may withdraw its award and terminate the
Agreement and shall thereupon have no further obligation to disburse to Grantee any remaining unpaid grant funds, and may
further require repayment by Grantee to the Foundation of any grant funds which were not used in accordance with the terms of
the Agreement including the grant purpose and objectives set forth in Paragraphs I and 3 of this Grant Agreement. The Grantee
may terminate the Agreement at any time, by written notification to the Foundation accompanied by a final report as required in
Paragraph 12, and the return of any unspent grant funds to the Foundation.
16. Buck Trust Restriction
The fund from which the Foundation has awarded this grant is set forth in Paragraph 2 of this Agreement. All grant funds from the
Leonard and Beryl Buck Trust must be used, according to the trust document, "for exclusively non-profit charitable, religious or
educational purposes in providing care for the needy in Marin County, California, or for other non-profit charitable, religious or
educational purposes in that county."
17. Limit of Commitment
This award is made with the understanding that the Foundation has no obligation to provide other or additional support for this
project; nor does this award represent any commitment to or expectation of future suppport from the Foundation for this or any
other project of Grantee.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and delivered as of the date listed below.
Dated as of July 5 , 19 94
In signing this document, the Grantee signatories each acknowledge that they have been authorized by Grantee agency to sign on
its behalf, that they have read and understand the entire Grant Agreement, and that Grantee accepts and agrees to its terms and
conditions. The Agreement shall not be effective until the Foundation has received and approved a signed copy with the required
schedules from Grantee, and has signed and reconveyed a copy of the entire Agreement to Grantee.
By its acknowledgement below, the fiscal agent agrees for the benefit of the Foundation to perform its obligations as set forth in the
attached memorandum of understanding.
FISCAL AGENT
By:
Its: Executive DirectorPAMELA J. NICOLAI,
City Manager
ATTEST:
'&ffd--By:
Its: Prmtdem-dtlm-BzzrdJEANNE M. LEONCINI,
City Clerk
GRANTEE
By
Its: Executive Director
and By:
Its: President of the Board
MARIN COMMUNITY FOUNDATION
By:
Its: Program Director
Marin Community Foundation Page 4 of 4 Grant Agreement Rev. 1/91