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HomeMy WebLinkAboutCC Resolution 12026 (Habitat Conservation Fund Program)RESOLUTION NO. 12026 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 2005-06 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR THE SMITH RANCH POND RESTORATION PROJECT (P06-013) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 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 and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility of the administration of a portion of the program within the State, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of this application before submission of said application to the State; and and WHEREAS, said application contains assurances that the applicant must comply with; WHEREAS, the applicant will enter into an agreement with the State of California for development of the project. NOW, THEREFORE, BE IT RESOLVED: 1. The City Council approves the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 State grant assistance for the above project; and 2. The City Council certifies that said applicant understands the assurances and certification in the application form; and 3. The City Council 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 will have sufficient funds to operate and maintain the project; and 4. The Council appoints the City Manager, as agent of the City of San Rafael 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 aforementioned project, a copy of which agreement is hereby attached and by this reference made a part hereof. 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 City Council of said City held on Tuesday, the 5th day of September, 2006 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JEANNE M. LEOM7,INI, City Clerk State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PROJECT AGREEMENT HABITAT CONSERVATION FUND PROGRAM APPLICANT PROJECT TITLE PROJECT NUMBER PROJECT PERFORMANCE PERIOD IS Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through its Director of Parks and Recreation pursuant to the Habitat Conservation Fund Program, agrees to fund the project up to the total state grant amount indicated. PROJECT DESCRIPTION Total State Grant not to exceed $ Applicant By (Signature of Authorized Representative) Title Date By Title Date (or 50% of project costs, whichever is less) The General Provisions attached are made a part of and incorporated into the Agreement STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By Date CERTIFICATION OF FUNDING CONTRACT NUMBER FUND PROJECT NO. AMOUNT OF THIS ESTIMATE UNENCUMBERED BALANCE ITEM CHAPTER ADJ. INCREASING ENCUMBRANCE FUNCTION ADJ. DECREASING ENCUMBRANCE LINE ITEM ALLOTMENT I hereby certify upon my personal knowledge that budgeted funds are avaialable for this encumbrance. SIGNATURE OF ACCOUNTING OFFICER 0 DPR 835J (8/90) APPROPRIATION STATUTES FISCAL YEAR T.B.A. No. B.R. No. DATE CALIFORNIA STATE PARKS - LOCAL ASSISTANCE OFFICE PAGE 55 HABITAT CONSERVATION FUND PROGRAM Special Provisions General Provisions A. Definitions 1. The term "State" and used herein means the California State Department of Parks and Recreation. 2. The term "Act' as used herein means the California Wildlife Protection Act commencing with Section 2760 of the Water Fish and Game Code. 3. The term "Project' as used herein means the project which is described on page 1 of this agreement. 4. The term "Applicant' as used herein means the party described as the applicant on page 1 of this agreement. B. Project Execution 1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money (grant moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and conditions set forth in this agreement. Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete the project. 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. Applicant agrees to complete the Project in accordance with the time of project performance set forth on page 1, and under the terms and conditions of this agreement. 3. Applicant shall comply as lead agency with the California Environmental Quality Act (Public Resources Code. Section 21000, et. seq.) 4. Applicant agrees to submit all significant deviations from the Project to the State for prior approval. 5. Applicant agrees to comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any applicable federal, state or local laws or ordinances pertaining to the acquisition of real property. Documentation of such compliance will be made available for review upon request by the State. 6. Applicant agrees to correct prior to or at the close of escrow any defects of title which in the opinion of State might interfere with the operation of the Project CALIFORNIA STATE PARKS - LOCAL ASSISTANCE OFFICE PAGE 56 Applicant agrees to provide for access in accordance with the intent of the program. Project Administration 1. State may disburse to Applicant the amount of the State approved purchase price together with State approved costs of acquisition when an escrow is opened. 2. Applicant agrees to promptly submit such reports as the State may request. 3. Applicant agrees that property acquired pursuant to this agreement shall be available for inspection upon request by the State. 4. Applicant agrees to use any moneys advanced by the State under the terms of this agreement solely for the Project herein described. D- Project Termination 1. Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project. After Project commencement this agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure of the Applicant to comply with the terms of this agreement 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 Applicant. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement. 4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this agreement is to provide for, and improve, public access to, and to maximize public recreational opportunities on, the lands and waters of the delta for 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 moneys under the provisions this agreement, the Applicant agrees that payment by the Applicant to the State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would be inadequate compensation to the State for any breach by the Applicant of this agreement. The applicant further agrees therefore, that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be the specific performance of this agreement, unless otherwise agreed to by the State, Hold Harmless 1. Applicant agrees to 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 agreement except claims arising from the concurrent or sole negligence of State, its officers, agents, and employees. 2. Applicant agrees to indemnify, hold harmless and defend 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 Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers, agents, or employees. 3. Applicant agrees that in the event State is named as codefendant under the provisions of Government Code Section 895 et seq., the Applicant shall notify State of such fact and shall represent State in the legal action unless State undertakes to represent itself as codefendant in such legal action in which event State shall bear its own litigation costs, expenses, and attorney's fees. 4. Applicant and State agrees that in the event of judgment entered against the State and Applicant because of the concurrent negligence of the State and Applicant, 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. Applicant agrees to indemnify, hold harmless and defend the State, its officers, agents and employees against CALIFORNIA STATE PARKS - LOCAL ASSISTANCE OFFICE PAGE 57 any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Applicant has certified. Applicant acknowledges that it is solely responsible for compliance with items to which it has certified. Financial Records 1, Applicant agrees to maintain satisfactory financial accounts, documents and records for the Project and to make them available to the state for auditing at reasonable times. Applicant also agrees to retain such financial accounts, documents and records for three years following project termination or completion. Applicant and 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 agreement or matters related thereto. Applicant agrees to 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 agreement. 2. Applicant agrees to use any generally accepted accounting system. Use of Project Area Applicant agrees that the property acquired with grant moneys under this agreement shall be used by the Applicant only for the purposes of the California Safe, Clean, Reliable Water Supply Act of 1996 and no other use, sale, or other disposition of the area shall be permitted except by specific act of the legislature. The Applicant agrees to maintain and operate in perpetuity the property acquired with these funds. With the approval of the granting agency, the applicant may transfer the responsibility to maintain and operate the property, provided the successor assumes the obligations. and is either a public agency, or would otherwise be eligible under this program. Nondiscrimination The applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age. religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this agreement. 2. The applicant 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 resident 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 agreement or under provisions of the enabling legislation and/or program. Application Incorporation The Application and any subsequent change or addition approved by the State is hereby incorporated in this agreement as though set forth in full in this agreement. Severability If any provision of this agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the agreement which can be given effect without the invalid provision or application: and to this end the provisions of this agreement are severable. CALIFORNIA STATE PARKS - LOCAL ASSISTANCE OFFICE PAGE 58