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HomeMy WebLinkAboutCC Resolution 12415 (Habitat Conservation Funds)RESOLUTION NO. 12415 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM FOR THE SMITH RANCH POND RESTORATION PROJECT (P06-013) WHEREAS, the people of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire, enhance, restore or develop facilities for public recreation and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the HCF Program, setting up necessary procedures governing Project Application under the HCF Program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of Application(s) before submission of said Application(s) to the State; and WHEREAS, the Applicant will enter into a Contract with the State of California to complete the Project(s); NOW, THEREFORE, BE IT RESOLVED THA' HE CITY COUNCIL OF THE CITY OF SAN RAFAEL: Approves the filing of an Application for the Habitat Conservation Fund Program; and ?. Certifies that said Applicant has or will have available, prior to commencement of any work on the Project included in this Application, the required match and sufficient funds to complete the Project; and Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and . Certifies that said Applicant shall prepare, with full public participation, a management plan for lands that have been acquired with HCF funds, which plan shall reasonably reduce possible conflicts with neighboring land use and landowners, including agriculturists; and Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide (see Attachment 1); and 6. Delegates the authority to City Manager to conduct all negotiations, execute and submit all documents, including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project; and Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. /.24/s. I, ESTHER C. BEIRNE, 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 Tuesday, the 22nd day of January, 2008 by the following vote, to wit: AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Ir - F-=CU,e.. ' ESTHER C. BEIRNE, City Clerk Attachment 1 GENERAL PROVISIONS A. Definitions The term "act" as used herein means the Habitat Conservation Fund pursuant to state statutes. I . The term "application" as used herein means the individual project application and its required attachments for grants pursuant to the enabling legislation and/or grant program. 2. The tern "acquisition" means to obtain fee title of real property or a permanent easement which provides the recipient permanent rights to use the property for the purposes of the project. Leases or rentals do not constitute acquisition. 3. The term "department" means the California Department of Parks and Recreation. 4. The term "development" (trails category only) means capital improvements to real property by, but not limited to, improvement, construction, reconstruction, and/or protection of permanent or fixed features of the property. 5. The term "enhancement" means to increase the habitat value of the land to benefit the target species. 6. The term "grantee" as used herein means the party described as the grantee on page 1 of this contract. 7. The term "program" means an event, or series of events, such as a nature interpretation program, other educational or enrichment program, (e.g., classes, trips, etc.), conducted by the grantee, and intended to bring urban residents into wildlife areas. 8. The term "restoration" means the act of bringing either land or a species back into a former, non -impaired condition. 9. The term "State" as used herein means the State of California Department of Parks and Recreation. B. Project Execution 1. Subject to the availability of grant monies in the act, the state hereby grants to the grantee a sum of money (grant monies) not to exceed the amount stated on page 1, or 50% of costs, whichever is less, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation, and on page 1, and under the terms and conditions set forth in this contract. The grantee shall assume any obligation to furnish any additional funds that may be necessary to complete the grant scope. Any modification or alteration in the project as set forth in the application on file with the State must be submitted to the State for approval. 2. The grantee shall complete the grant scope in accordance with the time of contract performance period set forth on page 1, and under the terms and conditions of this contract. 3. The grantee shall comply as lead agency with the California Environmental Quality Act (Public Resources Code. Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.). 4. The grantee shall comply with all applicable current laws and regulations affecting development, restoration, enhancement, and program projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. 5. Prior to the commencement of any work, the grantee agrees to submit any significant deviation from the original grant scope in writing to the State for prior approval. Changes in the grant scope must be approved in writing by the State. 6. If the grant scope includes acquisition of real property, the grantee agrees to comply with all applicable state and local laws or ordinances affecting relocation and real property acquisition. 7. The grantee shall provide for public access to project facilities in accordance with the intent and provisions of the Habitat Conservation Fund Program legislation. C. Project Costs The grant monies to be provided to the grantee under this contract may be disbursed as follows: If the project includes acquisition of real property, the State may disburse grant monies as follows, but not to exceed, in any event, the total State grant amount set forth on page I of this contract: a. Up to a 10% advance of the grant application amount, as stated in the approved application. b. After the property is in escrow, the grantee may request up to 80% of the grant application amount as specified in the approved application, or 50°10 of the actual acquisition cost, whichever is less. c. The Department shall immediately distribute these funds to the title company charged with the transfer of property ownership. d. The remaining grant application amount shall be paid up to the amount of the State grant amount or 5096 of the actual acquisition cost, whichever is less, on completion of the grant scope and receipt of the grant completion packet from the grantee. 2. If the project includes development, enhancement or restoration, the State may disburse grant monies to the Grantee as follows, but not to exceed in any event the total State grant amount set forth of page 1 of this contract: a. Up to a 10° o advance of the grant application amount, as stated in the approved application. b. On proof of award of a construction contract or commencement of construction by force account labor payment schedule, up to 50% advance of the grant application amount. c. Following the advance of up to 509/6 of the grant application amount, up to an additional 30% reimbursement, not to exceed 800/u of the grant application amount. d. The remaining grant application amount shall be paid up to the State grant amount or 50% of the actual total project cost, whichever is less, on completion of the grant scope and receipt of a grant completion packet from the grantee, including a detailed summary of project costs. 3. If the project includes program costs, the State may disburse grant monies to the grantee as follows, but not to exceed in any event the total State grant amount set forth of page 1 of this contract: a. Up to 10°Fo advance of the grant application amount. b. On proof of a signed contract or agreement, or commencement of operation or program by force account labor payment schedule, up to 50% advance of the grant application amount. c. Following the advance of up to 50% of the grant application amount, up to an additional 30% reimbursement, not to exceed 809'6 of the grant application amount. d. The remaining grant application amount shall be paid up to the State grant amount or 50% of the actual total project cost, whichever is less, on completion of the grant scope and receipt of a grant completion packet from the grantee including a detailed summary of program costs. D. Budget Contingency Clause 1. If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the State shall have the option to either cancel this contract with no liability occurring to the State, or offer a contract amendment to grantee to reflect the reduced grant amount. E. Project Administration I . If grant monies are advanced, and not placed into escrow, the grantee shall place these monies in a separate interest bearing account, setting up and identifying such account, prior to the advance. Interest earned on grant monies shall be used on the project as approved by the State. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the State within 60 days of completion of the grant scope or end of the contract performance period, whichever is earlier. 2. The grantee agrees that income earned by the grantee from a State approved non -recreational use on the project shall be used for recreational purposes at the project, or, if approved by the State, for recreational purposes within the grantee's jurisdiction. 3. The grantee shall promptly submit written project reports as the State may request. In any event, the grantee shall provide the State a report showing total final project expenditures. 4. The grantee shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the State. 5. The grantee shall make any program developed or administered pursuant to this contract available for observation upon request by the State. F. Project Termination I . Any grant funds that have not been expended by the grantee shall revert to the fund. 2. The grantee may unilaterally rescind this contract at any time prior to the commencement of the project. After project commencement this contract may be rescinded, modified or amended only by mutual agreement in writing between the grantee and the State. 3. Failure by the grantee to comply with the terms of this contract or any other contract under the enabling legislation may be cause for suspension of all obligations of the State hereunder. However, such failure shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this contract. 4. Because the benefit to be derived by the State, from the full compliance by the grantee with the terms of this contract, is the preservation, protection and net increase in the quantity and quality of parks, public recreation facilities, opportunities and/or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished by the State by way of grant monies under the provisions of this contract, the grantee agrees that payment by the grantee to the State of an amount equal to the amount of the grant monies disbursed under this contract by the State would be inadequate compensation to the State for any breach by the grantee of this contract. The grantee further agrees therefore, that the appropriate remedy in the event of a breach by the grantee of this contract shall be the specific performance of this contract, unless otherwise agreed to by the State. 5. The grantee and the State agree that if the grant scope includes development, enhancement, restoration or a program, final payment may not be made until the project conforms substantially to this contract. G. Hold Harmless 1. The grantee shall waive all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this contract except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. 2. The grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the State, its officers, agents, or employees. 3. The grantee agrees that in the event the State is named as codefendant under the provisions of California Government Code Section 895 et. seq., the grantee shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney's fees. 4. The grantee and the State agree that in the event of judgment entered against the State and the grantee because of the concurrent negligence of the State and the grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the grantee has certified. The grantee acknowledges that it is solely responsible for compliance with items to which it has certified. H. Financial Records 1. The grantee shall maintain satisfactory financial accounts, documents and records for the project and to make them available to the State for auditing at reasonable times. The grantee also agrees to retain such financial accounts, documents and records for three years following project termination or final payment. 2. The grantee shall keep such records as the State shall prescribe, including records which fully disclose (a) the disposition of the proceeds of state funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records as will facilitate an effective audit. 3. The grantee and the State agree that during regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this contract or matters related thereto. The grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the grantee for at least three years following project termination. 4. The grantee shall use a generally accepted accounting system. I. Use of Facilities 1. The grantee agrees that the grantee shall operate and maintain the property acquired, enhanced, restored, or developed, with the funds in perpetuity. 2. The grantee agrees that the grantee shall use the property acquired, enhanced, restored or developed with grant monies under this contract only for the purposes for the California Wildlife Protection Act of 1990 and only for the purposes for which the funds were requested and no other use, sale, or other disposition or conversion of the property shall be permitted except as authorized by a specific act of the legislature and the property shall be replaced with property of equivalent value and usefulness as determined by the Department. 3. The property acquired enhanced, restored or developed may be transferred to another public agency if the successor agency assumes the obligations imposed under this contract and with the concurrence of the Department. J. Nondiscrimination 1. The grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract. 2. The grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program. K. Application Incorporation 1. The application and any subsequent change or addition approved by the State is hereby incorporated in this contract as though set forth in full in this contract. L. Severability 1. If any provision of this contract or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the contract which can be given effect without the invalid provision or application, and to this end the provisions of this contract are severable.