HomeMy WebLinkAboutCC Resolution 11622 (Pickleweed CC Expansion)RESOLUTION NO. 11622
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN RAFAEL RATIFYING ACCEPTANCE OF A
GRANT OF $250,000 FROM THE MARIN COMMUNITY
FOUNDATION FOR THE EXPANSION OF PICKLEWEED
COMMUNITY CENTER AND AUTHORIZING THE
MAYOR AND THE CITY MANAGER TO EXECUTE THE
GRANT AGREEMENT
WHEREAS, the City of San Rafael is planning to expand the Pickleweed Community
Center to include a gymnasium, a library and additional meeting space; and,
WHEREAS, the City is currently in the process of raising the funding necessary to
construct the expansion of the Pickleweed Community Center by soliciting donations and applying
for grant funds; and,
WHEREAS, the Marin Community Foundation, administrator of the Leonard and Beryl
Buck Fund, has granted $250,000.00 to support the youth component of the renovation and
expansion of Pickleweed Community Center;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Rafael hereby:
1) Ratifies acceptance of a $250,000.00 grant from the Marin Community Foundation to
support the youth component of the renovation and expansion of Pickleweed
Community Center;
2) Authorizes the Mayor and the City Manager to execute the grant agreement and to take
any additional related and necessary actions required to secure the grant funding.
I, Jeanne M. Leoncini, 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 San Rafael
City Council held on the 7th day of September, 2004, by the following vote to wit:
AYES: Councilmembers: Cohen, Heller, Phillips and Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: Miller
ij �°
JEAM. LEONCINI, City Clerk
Grant Agreement
between the
Marin Community Foundation For MCF Office Use
5 Hamilton Landing, Suite 200 FUND Leonard & Beryl Buck Fund
Novato, CA 94949 GRANT # 2004-01976
and OFFICER Michael Groza
AREA ARTS, CD, E/T, HN
Grantee: City of San Rafael
Address: P.O. Box 151560
San Rafael, CA 94915-1560
Telephone: (415) 485-3070 Contact Person: Mr. Rod Gould
Title: City Manager
Fiscal Sponsor: (if other than Grantee):
Address:
Telephone:
Contact Person:
Title:
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 to 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.
1. Grant Purpose
To support the youth component of the renovation and expansion of Pickleweed Community Center
(PWCC), located in the Canal neighborhood..
2. General Terms
Name of Project Pickleweed Community Center Expansion
Grant No. 2004-01976
Fund Leonard & Beryl Buck Fund
Grant Amount $250,000
Date Approved July 7, 2004
Grant Period 1S months: August 1, 2004 through January 31, 2006
COPY
5 Hamilion Landing, Suite 200 , i'lovaEo, California 941,149
Phone 415.464.2500 - Fax: 415.464.25=5 9 wv.,w inarincf.org
Marin Community Foundation Page 1 of 5 Grant Agreement Rev. 8/96
Payment Schedule
August 1, 2004: $250,000
Project Review Reports
Final Report due: 2/28/06 covering 8/1/04 - 1/31/06
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 sponsor 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 sponsor that is acceptable to the Foundation in its sole
discretion, which will be attached to this agreement and incorporated herein.
4. Special Conditions
No Special Conditions apply
5. Hold Harmless Agreement
The Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend,
indemnify and hold harmless the Foundation, its officers, directors, trustees, employees, and sponsors, from and
against any and all claims, liabilities, losses and expenses (including reasonable attorneys' fees) directly, indirectly,
wholly or partially arising from or in connection with such grant, the application of the funds furnished pursuant to
such grant, the program or project funded or financed by such grant, or in any way relating to the subject matter of
this Agreement. This paragraph shall survive the termination of this Agreement.
Marin Community Foundation Page 2 of 5 Grant Agreement Rev. 8/96
6. Public Acknowledgment
The Grantee agrees to credit the Foundation in publications, press releases, brochures, videotapes, and other
publicity or public relations materials and presentations resulting from the use of these funds or developed for
activities authorized under this grant. The Grantee also agrees to credit the Foundation when any program or project
results in a service, product, performance, or other tangible outcome made possible because of this grant. The
Foundation's Communications Officer is available to advise the Grantee on public information activities.
7. Nondiscrimination
The Grantee agrees that, in the performance of this Agreement, it will not unlawfully discriminate in its employment
practices, volunteer opportunities, or the delivery of programs or services, on the basis of race, color, religion,
gender, national origin, ancestry, age, medical condition, handicap, veteran status, marital status, sexual orientation,
or any other characteristic protected by law.
8. Handicapped Access
Grantee shall make reasonable efforts to make the programs and facilities which are used for client services
provided under the terms of this Agreement physically accessible to handicapped and disabled persons.
9. Project Objectives, Budget, and Use of Funds
Funds must be used by the Grantee strictly in accordance with the terms of this Agreement, including the grant
purpose set forth in Paragraph 1, and the Project Objectives and Project Budget except that the Grantee may,
without prior Foundation approval, make adjustments of up to 10% of the agreed grant allocations within personnel
line items or within nonpersonnel line items, but not between personnel and nonpersonnel line items.
10. Access To and Use of Project Information
The Grantee agrees to provide the Foundation with full access, except to the extent specifically prohibited by
applicable law, to any and all information developed in connection with or arising from the activities funded by this
grant. The Grantee authorizes the Foundation to use, reproduce or publish, free of any charge or royalty, and to
authorize others to use, reproduce, or publish, free of any charge or royalty, any and all such information, including
but not limited to reports, budgets, copyrighted materials, or other data. The Foundation agrees to properly attribute
authorship in the use, reproduction, or publication of any information developed with these grant funds, and further
agrees to include copyright notice, in any of its publications, of any copyrighted material.
11. Project Review and Evaluation
The Grantee agrees that the Foundation may review and/or evaluate the project funded by this grant. This may
include visits by representatives or sponsors of the Foundation to observe the Grantee's project operations; to
review project data, financial records, or corporate records; and to discuss the project with the Grantee's staff or
governing board. At all times during the Agreement, Grantee or its fiscal sponsor shall accurately maintain all
books of account, records and documents of every kind in which all matters relating to the project funded by the
grant, including all income, expenditures, assets, and liabilities thereof, shall be entered. Grantee shall keep all such
records for at least four years after completion of the use of the grant funds. The Foundation shall have the absolute
right at any reasonable time to inspect and copy any of these materials, except to the extent specifically prohibited
by applicable law.
Marin Community Foundation Page 3 of 5 Grant Agreement Rev. 8/96
12. Reports and Audits
The Grantee agrees to submit to the Foundation periodic project review reports and a final report, including
narrative information and full financial accounting of the expenditure of these grants funds, according to the report
schedule set forth in Paragraph 2 of this Agreement. All such reports shall become the property of the Foundation.
Forms and guidelines for the reports will be provided by the Foundation. Any payments scheduled for release
subsequent to the due date of a project review report shall be held by the Foundation until the project review report
has been submitted and approved. The Foundation in its discretion may also require an audit of the agency or
project, which may include the review of programmatic as well as financial records. The expense of any audit
required by the Foundation will be borne by the Foundation, with the exception of audits required as a part of the
grant application process.
13. Payment
Grant payments will be made by the Foundation according to the payment schedule set forth in Paragraph 2 of this
Agreement; provided that payments scheduled for a certain month may be made at any time during that month, and
that if the project is not making reasonable progress toward meeting its stated objectives as set forth in the Project
Objectives, or the Grantee is not otherwise in compliance with this Agreement, then the Foundation may at its sole
and absolute discretion defer, reschedule, or cancel future payments.
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.
I5. 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 1 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."
Marin Community Foundation Page 4 of 5 Grant Agreement Rev. 8/96
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 support 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
,20
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 acknowledgment below, the fiscal sponsor agrees for the benefit of the Foundation to perform its obligations
as set forth in the attached memorandum of understanding.
FISCAL SPONSOR
By:
Its: Executive Director
and By:
Its: President of the Board
GRANTEE
By:
Its: Executive Director City Manager
ROD GOULD, ATTEST:
�.
and By: EIANNEM. ONCI
Its: (Pfesid2nt�of the B d Mayor City Clerk
ALBERT J. BORO,
MARIN COMMUNITY FOUNDATION
By:
Its: President & Chief Executive Officer
Marin Community Foundation Page 5 of 5 Grant Agreement Rev. 8/96