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HomeMy WebLinkAboutResolution No. 6686 (Wetlands Mitigation Plan Grant).- RESOLUTION NO. 6686 A RESOLUTION AUTHORIZING THE SIGNING OF A CONTRACT, LEASE OR AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR and CITY CLERK are authorized to execute, on behalf of the City of San Rafael a contract, lease or agreement with the San Francisco Foundation for a $100,000 East San Rafael Wetlands Mitigation Plan capital grant, a copy of which is hereby attached and by this reference made a part hereof. I, JEANNE M. LEONCINI, City Clerk of the 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 _M_o_n_d_a....::,.y ___ the __ f_i_f_t_h ___ day of _=D...::..e..:;;..ce.;::;.:m=b::...;e::;.::r'--__ , 19 83 by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ORI t0 iNAlL J r Contact Grantee Payee THE SAN FRANCISCO FOUNDATION CAPITAL GRANT AGREEr.1ENT The conditions ~et forth below are deemed to be agreed to by the grantee if the grantee accepts any payment against a grant. Description of Grant Anne Moore, Planning Director (485-3085) City of San Rafael P.O. Box 60, San Rafael, CA 94915 Same Date Approved 10/10/83 Grant No. 831105 Amount of Grant $ 100,000 Amount of Match $ 400,000 ~~~~--------------------~~----------- Grant Purpose To restore ponds and wetlands and to provide public access to a half mile of the San Rafael shoreline. Grant Objectives 1) Restore fresh water pond at eastern end of site; 2) Restore, connect and link to tidal flow the ponds on the west side of the site; 3) Restore the waterfront levy and grade top for public access; 4} Clean up debris; 5) Revegetate banks adJacent to ponds; 6) Provide public access to the levy from Pelican Way; 7) Fence wildlife habitat surrounding ponds to prevent disturbance of wlldllfe; 8) Provide a mechanism for maintenance of the area through a property owners Main- tenance District with contributed City funds. Special Conditions: ' Prior to release of San Francisco Foundation funds, the City of San Rafael shall present evidence that: 1) A joint powers agreement has been executed between the City of San Rafael and Marin County for implementation of the project. 2) A property owners Assessment and Maintenance District has been established for implementation and maintenance of the project. Prior to release of the full amount of San Francisco Foundation funding ($100,000), the City of San Rafael shall demonstrate that it requires the full 25% inflation factor included in the project budget. If less funding is required, the City shall present a documented request for the appropriate amount. :;:, ,~-, ..... ~ ~\./ Y 'f \ 'I --)J '] 010., USE OF FUNDS GRANTED MATCHING FUNDS LIMITED PARTICI- PATION PAGE 2 TERMS OF GRANT Funds must be used by the grantee strictly for the purpose described in the application in accordance with the final budget on which the grant was based. Any variation must be approved in advance by the Foundation. Prior to any Foundation payment, the grantee must provide acceptable assurance that the project will be completed and the results will be substantially consistent with that described in the application. Grantee normally must show that all of the funds necessary to complete the project are s~cure and will be available prior to the Foundation's disbursements. U~less other arrangements have been accepted by the Foundation, Foundation funds will be made available only after matching funds have been spent. The Foundation atte~pt5 to acco~~odate its payments to the convenience of the grantee. A payment schedule will be arranged with the Foundation's Program Executive This agreement may be used by the grantee as an irrevocable commitment from the Foundation for the purpose of completing capital funding arrangements with the understanding that all terms and conditions stated herein prevail. The Grantee must assume that this award is the total extent of the Foundation's support, unless otherwise stated. It is assumed that project costs are realistic and the Foundation's participation is sufficient to complete the project. A request for further Foundation support may require reevaluation of the Foundation's interest in the project. Unless stated to the contrary herein, in accepting this grant the Grantee acknowledges that the Foundation has made no commitment to the Grantee for any future support for this or any other program. AUDIT ~D REPORTS PAGE 3 The Foundation requires semi-annual financial and narrative reports from the grantee covering the status of the project and use of the funds received from all sources until the pro- ject is completed. The format of the financial section of this report should be consistent with that of the budget as it was presented in the application, and should show a comparison of actual to budgeted expenditures. If necessary, an audit may be required. A final report is due 120 days after the project is completed. PROJECT In order to assess the effectiveness of our grants, the MONITORING Foundation may conduct an evaluation of the program, including & EVALU-capital developments, funded by this grant, which may include ATION visits by representatives and agents of the Foundation to observe the Grantee's program procedures~ operations, and facilities and to discuss them with the Grantee's personnel. PUBLICITY TIME LIMITA- TION TO START Public relations and press coverage concerning this grant should . be coordinated. The Foundation may, from time to time, make public statements about projects. In general, the Grantee is asked to accept responsibility for press coverage of the grant. Any statements about the Foundation's policies, interests, or personnel should be cleared with the Foundation. The Foundation would be pleased to advise in the preparation of a press release. This grant will remain open for a period of one year from the date of the award and then will be withdrawn unless: a) satisfactory evidence has been provided the Foundation that the project has begun, e.g., contractor's agree- ment, sales agreement, etc., or b) an extension of time has been requested by the grantee and authorized by the Foundation. LHlITED RESPON- SIBILITY RESIDUAL INTEREST REVEESION PAGE 4 In accepting this award the Grantee agrees that the Foundation will be held harmless in any legal proceedings resulting from this project. The Foundation has the right to require a con- tract indemnifying the Foundation against all loss or liability relating to this project and to require the grantee to purchase adequate liability insurance coverage. If during five years following the effective date of this grant the grantee ceases to operate a program with the essen- tial characteristics described in grantee's proposal submitted to the Foundation, or such other characteristics as were sub- sequently defined as a condition to this grant, the Foundation retains the right, exercisable in its sole discretion, to take possession and ownership of any personal or real property of the grantee purchased in substantial pa~t b1 funds received pursuant to this grant. All funds not expended for the purpose agreed to by the Grantee . and the Foundation must be returned to the Foundation. We are pleased that The San Francisco Foundation is able to make this grant to your organization, and wish you continued success. November 10, 19~3 December 5 , 1983 _______ D __ e_c_e_m_b_e __ r __ 5 ___ , 1983 Th I San Franci~co Foundation ~v~~ La~'lrence E. Kllulr~lan, .i:-Iayor City of Gan Rafa e l Je ne 11. Leonclnl, Clty Clerk Please sign 'and return one copy of this document as evidence of your understanding of and agreement with the terms outlined.