HomeMy WebLinkAboutLR Memorandum of Grant AgreementMAR I N COUNTY
PARKS
PRESERVATION • RECREATION
BREATH E/RESPIRAI COMMUNITY GRANT
MEMORANDUM OF GRANT AGREEMENT
BETWEEN
COUNTY OF MARIN
AND
CITY OF SAN RAFAEL
(GRANTEE)
Grant Agreement
This Grant Agreement (hereinafter "AGREEMENT") made and entered into this 27th day of September,
2022, by and between the County of Marin, a political subdivision of the State of California (hereinafter
"COUNTY"), and the GRANTEE.
Whereas, the Marin Parks, Open Space, and Farmland Preservation Transactions and Use Tax
Ordinance (hereinafter "Measure A") was first approved by Marin County voters on November 6, 2012;
and;
Whereas, Marin County voters approved re -implementation of Measure A on June 7, 2022; and
Whereas, Measure A levies a one -quarter of one -cent sales tax in Marin County and is estimated to
generate approximately $16,000,000 per year for the life of the measure; and
Whereas, pursuant to the Measure A Expenditure Plan, 65% of Measure A annual revenues is
designated for the Parks and Open Space Program; and
Whereas, the Parks and Open Space Program uses includes an element to Protect or Restore Natural
Resources and Maintain Existing County Parks and Open Space Preserves through specified purposes
including augmenting current visitor services for parks and open space preserves — via rangers,
programming, and partnerships — to protect natural resources; support visitor safety and enjoyment;
and support volunteerism and environmental education; and
Whereas, COUNTY recognizes that some Marin residents have greater access to Marin's parks, open
spaces, environmental education and volunteer programs than others; and
Whereas, COUNTY plans to commit roughly $200,000 of their portion of Measure A funding each year
to partner with other Marin organizations to address community barriers to Marin's parks, open spaces,
environmental education and volunteer programs through a competitive grants program titled
Breathe/Respira Community Grant Program (hereinafter "PROGRAM"); and
Whereas, the Marin County Parks and Open Space Commission has chosen to support GRANTEE's
proposal by approving a grant in the amount of $8,000; and
Marin County Parks 3501 Civic Center Dr, Suite 260 San Rafael, CA 94903 www.marincountyporks.org
Whereas, the objective of this AGREEMENT is to establish a mutually beneficial relationship between
PARTIES to disburse and account for Measure A grant expenditures.
Therefore, PARTIES are entering into this AGREEMENT.
1. Statement of Agreement
It is mutually agreed and understood that, upon signing of this AGREEMENT:
a. AGREEMENT is valid until October 31, 2023.
b. COUNTY is responsible for managing, accounting for, and disbursing all PROGRAM
funds.
c. GRANTEE warrants and represents that it has operations in Marin; is committed to
improving the health, wellness and/or environmental awareness of populations in Marin;
provides programs to underserved, high -risk or vulnerable populations in Marin; and is a
community group, community -based organization, or emerging or existing coalitions.
d. GRANTEE warrants and represents that it is either a:
city, county, non-profit organization (501(c)3), special district (see definition in
guidelines) or Joint Powers Authority (JPA) formed pursuant to Chapter 5
(commencing with Section 6500) of Division 7 of the Government code if at least
one of the parties to the joint powers agreement qualifies as an eligible applicant;
and can provide documentation establishing this status; or
ii. it is receiving funds through City of San Rafael; a qualified fiscal agent that
meets the requirements of d.i. above.
e. Expenditures and minimum performance quantities of GRANTEE will substantially
comply with the scope of grant funding and budget, attached as Exhibit A. Any departure
from the scope or budget will require prior written approval by COUNTY's Government
and External Affairs Manager.
f. GRANTEE will receive the entire grant amount upon receipt of this original signed
agreement and approval of the signed agreement by the Marin County Board of
Supervisors.
g. The following uses of funds are prohibited under this AGREEMENT
Marin County Parks 3501 Civic Center Dr, Suite 260 San Rafael, CA 94903 www.marinparks.org
i. Conducting lobbying, carrying out propaganda or otherwise attempting to
influence legislation;
ii. Influencing the outcome of any specific election through any means;
iii. Purposes other than those that are charitable, scientific or educational;
iv. Fundraising purposes;
v. Budget shortfalls or endowment funds;
vi. Administrative costs not related to the implementation of the program or event;
vii. Scholarships, fellowships or grants to individuals; and
viii. Land acquisition or real estate purchases
h. GRANTEE shall return to COUNTY any unexpended grant funds under the following
conditions:
i. If COUNTY, in its reasonable discretion, determines that the GRANTEE has not
performed in accordance with this AGREEMENT; or
ii. Any portion of the funding is not used for grant purposes; or
iii. Any portion of the funding has not been spent by the end of the one-year grant
period.
GRANTEE shall account for funds provided by COUNTY, together with any interest
thereon, separately in the GRANTEE's books and records. A systematic accounting
record shall be kept by GRANTEE of the receipt and disbursement of such funds.
GRANTEE shall retain original substantiating documents related to restricted grant
expenditures and make these records available for COUNTY's review upon request.
GRANTEE shall be responsible for maintaining adequate financial records of this grant
program. COUNTY, or a designated representative, reserves the right, upon written
notice, to audit GRANTEE's books and records relating to the expenditure of any funds
provided by COUNTY as a restricted grant.
GRANTEE shall submit to COUNTY a final written report, due no later than 30 days
following the end of the AGREEMENT period, that will include a list of itemized
expenditures, supporting documentation, information on communities who participated or
were reached, measures of success, lessons learned, feedback on the grant program,
any new program materials developed under this AGREEMENT, and photos of events
and activities. COUNTY will release a final payment after receipt of the final written report.
GRANTEE will present overview of funded work to the Marin County Parks and Open
Space Commission during a regularly scheduled meeting following the end of the grant
period.
Morin County Parks 3501 Civic Center Dr, Suite 260 San Rafael, CA 94903 www.marinparks.org
k. Any materials produced under this AGREEMENT shall be made available to the public
following such reasonable requirements as COUNTY may establish from time to time.
GRANTEE grants to COUNTY an irrevocable, nonexclusive license to publish any
publication, program materials, studies, forms or research funded by this grant at
COUNTY's sole discretion.
I. GRANTEE agrees to provide immediate written notice to COUNTY if significant changes
or events occur during the term of this grant which could potentially impact the progress
or outcome of the grant, including, without limitation, changes to the GRANTEE's
management personnel or loss of funding.
m. GRANTEE agrees to disseminate to the public, using established channels of
communication, pertinent information relating to the results, findings, or methods
developed through this grant.
n. GRANTEE acknowledges that it understands its obligations imposed by this
AGREEMENT.
o. GRANTEE may be asked by COUNTY to identify the use of Measure A in materials and
at program sites using COUNTY approved identity and design standards. GRANTEE will
comply with COUNTY's requests.
p. GRANTEE will not use COUNTY logo or letterhead without the prior written consent by
COUNTY Government and External Affairs Coordinator.
q. GRANTEE is required to pass on all responsibilities of this AGREEMENT if and when it
enters into agreements with consultants and contractors that will be paid under this
AGREEMENT.
r. GRANTEE enters into this AGREEMENT with the understanding that COUNTY has no
obligation to provide other or additional support or grants to the GRANTEE.
2. Indemnification
GRANTEE shall defend, indemnify, hold harmless, and release COUNTY, its elected and appointed
officials, officers, agents, and employees, from and against any and all actions, claims, damages,
liabilities, or expenses (hereinafter "LIABILITY") that may be asserted by any third party arising out of or
in connection with GRANTEE'S performance under or the making of this AGREEMENT.
3. Contacts and Notices
All notices under this AGREEMENT shall be in writing (unless otherwise specified) delivered to the
parties by hand, by commercial courier service, or by United States mail, postage prepaid, addressed
to the parties at the addresses set forth below or such other addresses as the parties may designate by
notice.
Marin County Parks 3501 Civic Center Dr, Suite 260 San Rafael, CA 94903 www.marinparks.org
For County:
Director
Marin County Parks
3501 Civic Center Drive, Suite 260
San Rafael, CA 94903
Phone: (415) 473-7010
Fax: (415) 473-3795
Email: MKorten@marincounty.org
For Grantee:
Title: Catherine Quffa, Library and Recreation Director
Name of GRANTEE: City of San Rafael
Address: 1400 Fifth Avenue, San Rafael
Phone: (415) 485-3078
Fax:
E-mail: Catherine.quffa@cityofsanrafael.org
4. NO THIRD PARTY BENEFICIARIES
Nothing contained in this AGREEMENT shall be construed to create, and the PARTIES do not intend to
create, any rights in third parties.
5. EXPENSES
Except as otherwise provided in Section 2 of this AGREEMENT, each party shall be solely responsible
for and shall bear all of its own respective legal expenses in connection with any dispute arising out of
this AGREEMENT and the transactions hereby contemplated. PARTIES may not use PROGRAM funds
for the aforementioned purpose.
6. INTEGRATION
This AGREEMENT, including Exhibits A which is attached hereto and incorporated herein by reference,
represents the entire AGREEMENT of the PARTIES with respect to the subject matter thereof. No
representations, warranties, inducements or oral agreements have been made by any of the parties
except as expressly set forth herein.
7. AMENDMENT
Except as otherwise provided herein, this AGREEMENT may not be changed, modified or rescinded
except in writing, signed by all PARTIES hereto, and any attempt at oral modification of this
AGREEMENT shall be void and of no effect.
8. SEVERABILITY
Should a court of competent jurisdiction rule or declare that any part of this AGREEMENT is
unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision
shall not affect the validity of the remainder of this AGREEMENT, which shall continue in full force and
effect; provided that the remainder of this AGREEMENT can, absent the excised portion, be reasonably
interpreted to give effect to the intentions of the PARTIES.
Morin County Parks 3501 Civic Center Dr, Suite 260 San Rafael, CA 94903 www.marinparks.org
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year
above written.
GRANTEE
Title: Library and Recreation Director, City of San Rafael
COUNTY OF MARIN .-
President, Board of Supervisors
Attest:
Clerk of the Board
Approved as to Form:
COUNTY COUNSEL
By:
Marin County Parks 3501 Civic Center Dr, Suite 260 San Rafael, CA 94903 www.marinparks.org
EXHIBIT A
Grantee Scope and Budget
Marin County Parks 3501 Civic Center Dr, Suite 260 San Rafael, CA 94903 www.marinparks.org
MARIN COUNTY
'ARKS
PRESERVATION -RECREATION
Scope
BREATH E/RESPIRAI COMMUNITY GRANT
City of San Rafael
Volunteers supporting the Canal Mini Soccer League, under the fiscal sponsorship of City of San
Rafael, will support enjoyable outdoor activity for Canal neighborhood extreme low-income youth
between October 1, 2022, and October 31, 2023, for a total of $8,000; according to the following scope:
1. Ensure 350 extreme low income youth can participate in the Canal Mini Soccer League by:
a. Reducing soccer registration fees from $25 to $15 for four seasons of soccer and use of
the field two times per week.
b. Purchasing equipment for all youth to participate in soccer
c. Each season typically serves 150 boys and girls from Elementary to High School
d. Field rental fees will match City of San Rafael field fee reductions for this program
e. Soccer players will have a chance to learn about other parks and free park programming
they can explore in Marin.
2. We will submit a mid year report by March 2023 and a final report by November 15, 2023.
Budget
Line Item
Field and registration fee reduction 1$3,500
Soccer Supplies 1$4,500
Total 1$8,000
Cost
Marin County Parks 3501 Civic Center Dr, Suite 260 San Rafael, CA 94903 www.marincountyparks.org