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HomeMy WebLinkAboutCC Resolution 11166 (Pickleweed CC Expansion)RESOLUTION NO. 11166 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RATIFYING ACCEPTANCE OF A GRANT OF $1,000,000 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 $1,000,000.00 to the City for the 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 $1,000,000.00 grant from the Marin Community Foundation for the 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 3rd day of September, 2002, by the following vote to wit: AYES: Councilmembers : Heller, Miller, Phillips and Vice -Mayor Cohen NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Boro h,�-s-u.�+ JERNNNE M. LEONCIN1, City Clerk 1. 04 MARIN COMMUNITY FOUNDATION Grant Agreement between the Marin Community Foundation For MCF Office Use 17 East Su Francis Drake Blvd, Ste. 200 FUND Leonard & Beryl Buck Fund Larkspur, CA 94939 GRANT # 2002-01821 and OFFICER Michael Groza AREA COMF 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 Agent (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 in 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. Grant Purpose To support the Pickleweed Community Center Expansion Project. General Terms Name of Project Pickleweed Community Center Expansion Project Grant No. 2002-01821 Fund Leonard & Beryl Buck Fund Grant Amount $1,000,000 Date Approved July 10, 2002* Grant Period months: July 1, 2002 through -1: 30, 2003 Wim_ Payment Schedule July 1, 2002: $1,000,000 Project Review Reports Final Report due: 6/30/03 covering 7/1/02 -030/03 3. 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 agent 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 agent 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 agents, 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. 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 agents 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 agent 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. 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." Xe___ n...... A ,.0 C A -------- n_.. none 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 WIIEREOF, the parties hereto have caused this Agreement to be executed and delivered as of the ante listen helnw Dated as of 610 , zD Z -- 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 agent agrees for the benefit of the Foundation to perform its obligations as set forth in the attached memorandum of understanding. FISCAL AGENT By: Its: Executive Director and By: Its: President of the Board GRANTEE By: ! tt� • '� Its: Executive Director— City Manager and By: z v 0'/1— Its: resi ent of t oard — 14AYOr MARIN COMMUNITY FO DATION By: Its: SnIrChiel Executive Officer Marin fn-inity Fnnnrintinn Pnnn 1; of 5 /'......, A....,.,....,... o.... omc