HomeMy WebLinkAboutLR Agreement for Disbursement of Measure A Tax Proceeds and Measure A Work Plan for July 1, 2022 - June 30,2023____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: September 6, 2022
Disposition: Continued to September 19, 2022
Agenda Item No: 7.b
Meeting Date: September 6, 2022
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Library & Recreation
Prepared by: Craig Veramay,
Assistant Library & Recreation
Director
City Manager Approval: ______________
TOPIC: AGREEMENT FOR DISBURSEMENT OF MEASURE A TAX PROCEEDS AND
MEASURE A WORK PLAN FOR JULY 1, 2022 – JUNE 30, 2023
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE COUNTY OF MARIN FOR DISBURSEMENT OF MEASURE A TAX
PROCEEDS AND APPROVING THE MEASURE A WORK PLAN FOR JULY 1, 2022 –
JUNE 30, 2023
RECOMMENDATION:
Adopt a resolution authorizing the City Manager to execute an agreement with the County of
Marin for Disbursement of Measure A tax proceeds and approving the Measure A Work Plan for
July 1, 2022 – June 30, 2023.
BACKGROUND:
In November 2012, an ordinance (“Measure A”) of the County of Marin was approved by a two-
thirds majority of the electors voting on the Measure. Measure A imposes a nine year one-
quarter of one percent retail transactions and use tax that is administered by the County of
Marin. The purpose of Measure A is to support the preservation of Marin County parks, open
space preserves and farmland. In its first nine years, the tax has generated an average of $14
million per year for parks, open spaces, and farmland preservation across Marin. This level of
revenue changes during the life of the Measure due to the variability in annual receipts.
Measure A included a sunset provision, and the ordinance expired on March 31, 2022. In June
2022, voters approved re-implementation of Measure A. In accordance with this law, for the
next nine years, funds raised by Measure A will continue to be spent on parks and open space,
sustainable agriculture, recreation in Marin's nineteen cities and towns, and land acquisition.
The newly re-implemented rate will go into effect on October 1, 2022, and is being
administered by the County of Marin via its Ordinance No. 3760. The rate will remain in effect
until September 30, 2031, and may be further renewed by the voters.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
Measure A’s expenditure plan outlines three (3) programs for spending the sales tax proceeds.
Each program is described by its funding allocation and types of projects and activities that the
funding supports. They include the County Parks and Open Space Program; the Farmland
Preservation Program; and the City, Town and Applicable Special District Program.
• County Parks and Open Space Program (65%)
o 65% is to protect or restore natural resources and maintain existing county
parks and open space preserves.
o 25% is to reduce the risk of wildfire in County park and open space preserves.
o 10% is dedicated to the permanent preservation of land for public open space,
community separators, wildlife corridors, greenbelts, and habitat.
• Sustainable Agriculture Program (20%)
o To support and enhance ecosystem services, climate resiliency, and the
protection, restoration, and sustainability of Marin County agricultural working
lands and food systems.
• City, Town and Applicable Special District (CTSD) Program (15%)
o Funding is allocated to cities, towns, and special districts to manage parks, open
space preserves, nature preserves, and recreation programs and vegetation to
promote biodiversity and reduce wildfire risk.
Of the 15% that is allocated to cities, towns, and special districts, the City of San Rafael
receives 23.36% based on its population. The annual allocation to the City of San Rafael is
estimated to be $550,373 of the $1.767 million allocated to local agencies as part of the CTSD
program.
ANALYSIS:
Since 2013, the City has received $3,922,810 in Measure A funding that has been used to
support park maintenance, vegetation removal and management, and protection of open
space. Of that total, $1,309,530 has been spent on park related capital improvement projects.
Since the Measure A ordinance expired on March 31, 2022, and will not begin collecting revenue
again until October 1, 2022, Measure A allocations for FY2022-2023 are projected to be lower
than average. The City projects a revenue allocation of approximately $206,806 for FY2022-
2023.
Table A shows a year-by-year breakdown of the Measure A expenditures for park
improvement projects, including the FY2021-2022 encumbrances.
Table A: Measure A Funding of Park Improvement Projects - FY2013-2014 to FY2021-2022
Park Capital Improvement
Projects
FY13-14 to
FY15-16 FY16-17 FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 Total
Misc. Park Repairs
(pathways, sidewalks, etc.) $137,375 $137,375
Misc. Equipment (slides,
tables, etc) $74,465 $74,465
Sun Valley Park Basketball
Court $46,873 $46,873
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
Park Capital Improvement
Projects
FY13-14 to
FY15-16 FY16-17 FY17-18 FY18-19 FY19-20 FY20-21 FY21-22 Total
Albert Park Playground $37,761 $50,618 $221,957 $310,336
Victor Jones Playground $80,275 $19,725 $100,000
Bret Harte Park Restroom $2,183 $170,798 $172,981
Pickleweed Park Field
Conversion $6,523 $9,359 $15,882
Albert Park Stadium Field
Fencing $41,593 $41,593
Sun Valley Playground
Upgrades $4,429 $128,587 $133,016
Citywide Park and
Recreation Master Plan $277,009 $277,009
Total $252,493 $118,036 $72,526 $392,755 $48,116 $13,788 $405,596 $1,309,530
Historically, the City has used Measure A funding to support four general activities: park
maintenance, vegetation management, protection of open space and park improvements. For
FY2022-23, Measure A funds will be focused on park improvement projects. The planned
expenditures total $780,000, which includes the $206,806 FY2022-2023 allocation as well as
carry-over funds from previous years.
• Park Capital Improvements and Maintenance: The City’s FY2022-2023 Capital
Improvement program will rely on $595,000 from Measure A funding to support the
following projects:
o $35,000 will be used to support additional project scope in the development of a
comprehensive, Citywide Parks and Recreation Master Plan that is intended to
be integrated with the City’s General Plan. The Master Plan will provide a
framework for directing City resources toward parks, facilities, and programs, and
for addressing current and future community recreational needs over the next ten
(10) years.
o $335,000 will be used to construct a new playground at Sun Valley Park that will
improve ADA accessibility and improve community members experience.
Additional Prop 68 Per Capita funding will be allocated in FY2022-23 for the
implementation of this project.
o $240,000 will be used to improve the fencing at Albert Park Field.
o $100,000 will be used to fund the creation of a citywide Trail Master Plan as part
of the proposed Open Space and Trails Master Plan.
o $70,000 will be used to install replacement room divider partitions at the Terra
Linda Community Center and the Albert J. Boro Community Center. The current
equipment is inoperable, limiting use of these community resources.
These planned expenditures are summarized in the Measure A Work Plan for July 1, 2022
through June 30, 2023 (Attachment 2). While all projects proposed under the Measure A Work
Plan are included in the approved FY 2022-23 CIP, the proposed expenditures vary slightly, as
they reflect an updated Measure A fund balance and more recent project budget estimates.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
Additionally, with the renewal of Measure A, Marin County is requesting a new agreement for
disbursement of tax proceeds, which is included as Attachment 3.
FISCAL IMPACT:
City Council has already appropriated $300,000 of Measure A funding for Fiscal Year 2022-23.
Approving the Measure A Work Plan would authorize the appropriation of an additional
$480,000 of restricted tax proceeds from Fund 241, the Measure A Open Space Fund.
OPTIONS:
The City Council has the following options to consider relating to this item:
1. Adopt a resolution authorizing the City Manager to execute an agreement with the
County of Marin for disbursement of “Measure A” tax proceeds and approving the FY
2022-23 Measure A Work Plan.
2. Adopt a resolution as amended, authorizing the City Manager to execute an agreement
with the County of Marin for disbursement of “Measure A” tax proceeds and approving
the FY 2022-23 Measure A Work Plan.
3. Do not adopt a resolution authorizing the City Manager to execute an agreement with
the County of Marin for disbursement of “Measure A” tax proceeds and approving the
FY 2022-23 Measure A Work Plan and provide direction to staff.
RECOMMENDED ACTION:
Adopt a resolution authorizing the City Manager to execute an agreement with the County of
Marin for Disbursement of “Measure A” tax proceeds and approving the Measure A Work Plan
for July 1, 2022 – June 30, 2023.
ATTACHMENTS:
1. Resolution – Measure A
2. Exhibit A to Resolution: Measure A Work Plan
3. Draft grant agreement for disbursement of tax proceeds between County of Marin and
City of San Rafael
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COUNTY OF MARIN FOR
DISBURSEMENT OF MEASURE A TAX PROCEEDS AND APPROVING THE MEASURE A
WORK PLAN FOR JULY 1, 2022 – JUNE 30, 2023
WHEREAS, on November 6, 2012 Marin County voters passed Measure A, a one-quarter of
one percent transactions and use tax, dedicated to parks and open space for the duration of
nine years; and
WHEREAS, on June 7, 2022 Marin County voters approved the renewal of Measure A for an
additional nine-year period, that will remain in effect October 1, 2022 through September 30,
2031, and may be further renewed by voters; and
WHEREAS, fifteen percent of the Measure A revenues is earmarked for Marin municipalities for
the purpose of managing parks, open space preserves, recreation programs and vegetation;
and
WHEREAS, the County of Marin is responsible for the administration of the Measure A funds,
and has developed a form of agreement and program materials for use by Marin municipalities;
and
WHEREAS, the City of San Rafael is eligible to receive Measure A funds, and entered into an
agreement with the County of Marin in October of 2013, submitting a Work Plan of Expenditures
for the first year of fund disbursement; and
WHEREAS, the City of San Rafael is projected to receive a total of $206,806 for FY 2022-2023,
to support the Work Plan; and
WHEREAS, the County of Marin requires a Work Plan for the proposed Expenditure of
Measure A funds in the amount of $206,806 for July 1, 2022 – June 30, 2023.
NOW, THEREFORE, BE IT RESOLVED by the San Rafael City Council that the City Manager
is authorized to execute an agreement with the County of Marin and to make any necessary,
mutually acceptable changes to the agreement, once approved as to form by the City Attorney,
to establish the relationship between the parties with respect to the disbursement of Measure A
proceeds, and the accounting for Measure A fund expenditures, and to take other actions
necessary to fulfill this intent; and
BE IT FURTHER RESOLVED that the San Rafael City Council approves the Measure A Work
Plan for Proposed Expenditure of Measure A funds for July 1, 2022 - June 30, 2023, a copy of
which is hereby attached as Exhibit A and by this reference made a part hereof; and
BE IT FURTHER RESOLVED that the Administrative Services Director is authorized to
execute, on behalf of the City of San Rafael, the Work Plan for Proposed Expenditure of
Measure A funds for July 1, 2022 to June 30, 2023.
I, LINDSAY LARA, 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 6th day of September 2022, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________
LINDSAY LARA, City Clerk
Page 1 of 4
Work Plan
Measure A City, Town, and Applicable Special District Program
Proposed Expenditure of Measure A Funds for July 1, 2022 to June 30, 2023
Timely and accurate completion of this report is a condition of receiving Measure A funds.
Instructions:
• This work plan must be completed by an authorized representative of the recipient.
• Please complete this work plan, then scan and e-mail it to Kevin Wright, Marin County Parks External Affairs Manager
(kwright@marincounty.org), by July 1, 2022.
• Contact Mr. Wright by e-mail (kwright@marincounty.org) or phone (415) 497-3553 if you have any questions, or if you have
suggestions to improve this form.
• Marin County Parks will review this plan within one month of its receipt to ensure that proposed expenditures are consistent
with Marin County Ordinance 3586 (Measure A).
• Recipients must provide Marin County Parks with 30-days prior notice of any project additions or substitutions that are
proposed while a work plan is in effect.
• Total actual project expenditures may not exceed recipient’s actual Measure A funding for any given fiscal year, plus any
balance remaining from previous years.
_______________________________________________________________
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Page 2 of 4
A. Name of Recipient (city, town, or special district): __City of San Rafael____________________________________
B. Recipient’s representative and contact information: (Please print all information)
Name: _Nadine Atieh Hade_____________________
(Print)
Title: _Administrative Services Director__________
(Print)
Address: _1400 Fifth Avenue, Suite 204____________
City, Zip: _San Rafael, CA 94901_________________
Phone: _415-485-3062________________________
E-mail: _Nadine.Hade@cityofsanrafael.org_________
C. Total estimated funds for Fiscal Year 2022-23:
i. Estimated carry-over
balance of
recipient’s Measure A
funds from
previous fiscal years
ii. Estimate of recipient’s
Measure A funds for
FY 2022-23. (This
information will be
provided by Marin County
Parks)
iii. Total estimated available
funds for FY 22-23
(i + ii).
$ 575,000 $ 206,806 $ 781,806
Page 3 of 4
D. Recipient’s Measure A Work Plan for Fiscal Year 2022-23:
Name of work or project: Primary
purpose of
work or
project.
Select only
one from list
below. **
Description. Be as specific as
possible. Include numbers related
to square footage of facilities,
acreage, etc. If Measure A funds
were used for maintenance, use
numbers to indicate change from
pre-Measure A conditions.
Amount of
Measure A
funds
estimated to
be used:
Source(s)
and
amount(s) of
matching
funds
projected for
use. If none,
enter “0”
Total
expenditures
projected for
work or
project in
current
reporting
year
Park Planning
B Creation of a Citywide Park &
Recreation Master Plan $ 35,000 0 $ 35,000
Park Improvements
B Replace playground and improve
ADA accessibility at Sun Valley Park $ 335,000 0 $ 335,000
Trail Planning
B
Creation of a Citywide Trail Master
Plan, as part of the Open Space and
Trails Master Plan
$ 100,000 0 $ 100,000
Field Improvements
B Design for improved fencing at Albert
Park Field $ 240,000 0 $ 240,000
Community Center
Improvements
B
Replacing room dividers at Albert J
Boro and Terra Linda Community
Centers
$ 70,000 0 $ 70,000
Estimated Total
$780,000
**Select work or project purpose only from the following menu:
a) Routine maintenance
b) Renovation of existing recreational facility, including infrastructure (includes planning, environmental review, permitting, design development, etc.)
c) Construction of new park or recreation facility (includes planning, environmental review, permitting, design development, etc.)
Page 4 of 4
d) Parkland acquisition
e) Fuel reduction - all types of fuelbreaks, including primary, ridgeline, etc.
f) Flashy fuel reduction (ROW, street ends, trail heads, etc.)
g) Natural resource protection and restoration, and invasive plant control
h) Maintaining vehicle access
i) Sudden Oak Death
j) Hazard tree removal
k) Inventory and monitoring
l) Wildlife management monitoring
m) Vegetation and wildlife management - Other-
E. Certification
I certify that the information contained herein is true and accurate, to the best of my knowledge.
__________________________________________ _____________________________________________________
Signature Title
__________________________________________ _________________________________
Print Name Date
Measure A Cities, Towns and Special Districts Grant Agreement Page 1 of 7
GRANT AGREEMENT FOR DISBURSEMENT OF TAX PROCEEDS
BETWEEN
COUNTY OF MARIN
AND
CITY OF ________________
TOWN OF ________________
________________ DISTRICT
This Grant Agreement (hereinafter “AGREEMENT”) is made and entered into this ___ day of
MONTH, 2022, by and between the County of Marin, a political subdivision of the State of
California (hereinafter “COUNTY”), and the CITY/TOWN of__________________________, or
_______________________ DISTRICT (hereinafter “CITY/TOWN/DISTRICT”), a political
subdivision of the State of California, collectively hereinafter the “PARTIES”.
Recitals
Whereas, the Marin Parks, Open Space, and Sustainable Agriculture Transactions and Use
Tax Ordinance 3760 (hereinafter “MEASURE A”; attached as Exhibit A) was approved by Marin
County voters on June 7, 2022; and
Whereas, upon becoming operative on October 1, 2022, MEASURE A applies to any unspent
fund balance from the Marin Parks, Open Space, and Farmland Preservation Transactions and
Use Tax Ordinance 3586, which became effective April 1, 2013.
Whereas, MEASURE A levies a one-quarter of one-percent transactions and use tax
(hereinafter “sales tax”) in Marin County and is estimated to generate approximately
$16,000,000 per year for the nine year life of the measure; and
Whereas, the MEASURE A Expenditure Plan, included in Exhibit A, allocates fifteen percent
(15%) of the revenues from the sales tax increment to a City, Town, and Applicable Special
District Program (hereinafter “PROGRAM”) to assist Marin’s municipalities and applicable
special districts in managing their parks, open space preserves, recreation programs, and
vegetation to promote biodiversity and reduce wildfire risk; and
Whereas, the term, “applicable special districts,” means a local public entity located wholly
within the unincorporated area of Marin that was explicitly formed to provide services to the
community for park and recreation purposes and/or park and recreation purposes plus open
space. Applicable special districts do not include federal agencies, state agencies, extensions of
the County government (i.e. Community Service Areas) and/or districts located within an
incorporated town or city even if such agencies or districts provide services to the community for
recreation, open space or recreation programming.
Whereas, COUNTY is charged with the fiduciary duty to administer the MEASURE A sales tax
proceeds consistent with applicable laws; and
Measure A Cities, Towns and Special Districts Grant Agreement Page 2 of 7
Whereas, MEASURE A, requires that an allocation method be used as a means to determine
the amount of funding each municipality and applicable special district receives on an annual
basis from the PROGRAM; and
Whereas, the Ordinance 3586 allocation method approved by the Marin County Board of
Supervisors on December 17th, 2013, a copy of which is attached hereto and made a part
hereof (hereinafter “ALLOCATION METHOD”; Exhibit B), has been updated with current census
information and will be used to determine funding allocations under this PROGRAM; and
Whereas, the objective of this AGREEMENT is to continue a mutually beneficial relationship
between PARTIES to disburse and account for MEASURE A fund expenditures;
Therefore, PARTIES are entering into this AGREEMENT.
Statement of Agreement
1. It is mutually agreed and understood that, upon signing of this AGREEMENT:
a. COUNTY is responsible for allocating, managing, accounting for, and disbursing
all PROGRAM funds.
b. COUNTY will disburse PROGRAM funds to CITY/TOWN/DISTRICT
semiannually (two times per fiscal year), as follows:
i. Disbursement 1 will occur in or about July each year, conditional upon
receipt by Marin County Parks of an Annual Measure A Work Plan
prepared by CITY/TOWN/DISTRICT, in the form attached as Exhibit C,
by July 1st of the same calendar year. Disbursement 1 will consist of
PROGRAM funds from Measure A revenue received from the California
Department of Tax and Fee Administration during the preceding January
1st through June 30th period and allocated to the CITY/TOWN/DISTRICT
according to the ALLOCATION METHOD. If CITY/TOWN/DISTRICT
submits its Annual Measure A Work Plan after July 1st, Disbursement 1
shall occur approximately 30 days subsequent to submittal.
ii. Disbursement 2 will occur in or about January, conditional upon receipt by
Marin County Parks, by November 15th of the same fiscal year, of an
Annual Measure A Expenditure Report prepared by
CITY/TOWN/DISTRICT, in the form attached as Exhibit D, describing
actual expenditures for the preceding fiscal year. Disbursement 2 will
consist of PROGRAM funds from Measure A revenue received from the
California Department of Tax and Fee Administration during the
preceding July 1st through December 31st period and allocated to the
CITY/TOWN/DISTRICT according to the ALLOCATION METHOD. If
CITY/TOWN/DISTRICT submits its Annual Measure A Expenditure
Report after November 15th, Disbursement 2 may be delayed. Late
Expenditure Reports will delay annual reporting on Measure A, and the
work of the Measure A Community Oversight Committee.
Measure A Cities, Towns and Special Districts Grant Agreement Page 3 of 7
CITY/TOWN/DISTRICT is encouraged to produce Annual Measure A
Expenditure Reports on time.
iii. COUNTY will make every effort to make disbursements within the time
periods specified above, and shall not willfully delay or withhold
PROGRAM funds for reasons other than those stated in this
AGREEMENT, but shall not be responsible for the consequences if
disbursements are delayed for any reason. Disbursements will occur by
electronic transfer.
iv. CITY/TOWN/DISTRICT Annual Measure A Work Plans and Expenditure
Reports shall account for any unspent revenue and unreported
expenditures from Ordinance 3586.
c. CITY/TOWN/DISTRICT’s allocation of PROGRAM funds must be used as
described in Exhibit A to this AGREEMENT. Only the following uses are allowed:
i. Manage parks, open spaces, and recreational programming.
ii. To maintain, restore and/or renovate existing parks, preserves and
recreational facilities.
iii. To construct new parks and recreational facilities or acquire parklands.
iv. To engage in vegetation management to reduce wildfire risk, promote
biodiversity or control invasive non-native weeds on private, municipal, or
district lands.
d. Without changing the ALLOCATION METHOD, COUNTY may review and adjust
CITY/TOWN/DISTRICT’s population numbers every three years, beginning with
the date of this AGREEMENT. COUNTY shall provide CITY/TOWN/DISTRICT’s
with notice of any adjustments.
e. For CITY/TOWN/DISTRICT’s budgeting purposes, COUNTY will provide an
estimate of a CITY/TOWN/DISTRICT’s annual allocation for the coming fiscal
year on or about March 1st, for as long as the tax is in effect. COUNTY will base
the estimate on the annual budget approved by the Board of Supervisors and
account for an estimated delay in payment from the sales tax is assessed to the
time a payment is made to COUNTY of three (3) months. Actual allocation may
be higher or lower than the estimate due to variability in annual tax receipts.
f. CITY/TOWN/DISTRICT is not required to match funds.
g. CITY/TOWN/DISTRICT will segregate PROGRAM funds from other funds
available to it. CITY/TOWN/DISTRICT must ensure that PROGRAM funds are
not commingled with other funds not pertaining to MEASURE A. This can be
achieved by either establishing a separate bank account dedicated solely to
MEASURE A, or by establishing and accounting for MEASURE A financial
transactions in a special revenue fund dedicated solely to MEASURE A.
Measure A Cities, Towns and Special Districts Grant Agreement Page 4 of 7
h. CITY/TOWN/DISTRICT need not expend its annual allocation of PROGRAM
funds in a single fiscal year. Allocations may accumulate with the
CITY/TOWN/DISTRICT and carry over into multiple, successive fiscal years if,
for example, CITY/TOWN/DISTRICT wishes to use the funds for a program,
project or projects that cannot be funded with a single year allocation.
i. CITY/TOWN/DISTRICT will expend the sum total of its annual allocations by 10
years after the date MEASURE A expires. On that date, PROGRAM funds not
expended by CITY/TOWN/DISTRICT shall revert and be due to COUNTY.
j. CITY/TOWN/DISTRICT’s Annual Measure A Work Plans shall be due as stated
in item “b” above.
k. CITY/TOWN/DISTRICT is responsible for ensuring that environmental review
and permitting requirements are fulfilled, if applicable, for all projects receiving
Measure A funds.
l. CITY/TOWN/DISTRICT will spend Measure A funds solely on project or program
costs. Project or program costs are defined as costs associated with staff,
contractors, consultants or materials related to projects identified in the Annual
Measure A Work Plan.
m. The accuracy of CITY/TOWN/DISTRICT’s Annual Measure A Expenditure
Reports will be certified by the CITY/TOWN/DISTRICT’s chief fiscal officer.
n. COUNTY may audit CITY/TOWN/DISTRICT’s expenditure of PROGRAM funds
and any unspent allocation balances.
o. COUNTY will assist CITY/TOWN/DISTRICT to establish or continue practices
and procedures, as reasonably necessary, to facilitate CITY/TOWN/DISTRICT’s
fulfillment of its responsibilities pursuant to this AGREEMENT.
p. CITY/TOWN/DISTRICT will repay the COUNTY any funds that the COUNTY has
disbursed which are not used in accordance with this AGREEMENT unless there
has been prior written agreement between the PARTIES stating otherwise.
2. Indemnification
CITY/TOWN/DISTRICT 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 CITY/TOWN/DISTRICT’S performance
under or the making of this AGREEMENT, except to the extent that LIABILITY is caused by the
negligence or willful misconduct of COUNTY.
COUNTY shall defend, indemnify, hold harmless, and release CITY/TOWN/DISTRICT, 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 COUNTY’S performance under or the
making of this AGREEMENT, except to the extent that LIABILITY is caused by the negligence
or willful misconduct of CITY/TOWN/DISTRICT.
Measure A Cities, Towns and Special Districts Grant Agreement Page 5 of 7
3. Replacement
Beginning on October 1, 2022 this AGREEMENT replaces the Ordinance 3586 agreement
signed by CITY/TOWN/DISTRICT on December 17, 2013 related to the administration of
PROGRAM funds.
4. Duration and Termination
The terms of this AGREEMENT shall remain in full force and effect for 10 (ten) years from the
date adopted and signed. Any party may terminate this AGREEMENT by notifying the other
party a minimum of 30 (thirty) days in advance.
5. Contacts and Notices
All notices under this Agreement shall be in writing (unless otherwise specified) delivered to the
parties by electronic mail, 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.
For County:
Director and General Manager
Marin County Parks
3501 Civic Center Drive, Suite 260
San Rafael, CA 94903
Phone: (415) 473-6387
Fax: (415) 473-3795
Email: MKorten@marincounty.org
For City, Town or District:
Title
Name of City/Town/District
Address
Phone
Fax
E-mail
6. 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.
7. 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.
8. INTEGRATION
Measure A Cities, Towns and Special Districts Grant Agreement Page 6 of 7
This AGREEMENT, including Exhibits A, B, C and D which are 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.
9. 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.
10. 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.
IN WITNESS WHEREOF, the PARTIES hereto have executed this AGREEMENT on the day
and year above written.
CITY, TOWN OR DISTRICT
___________________________________
Mayor or other authorized representative
Attest:
_________________________________
Clerk of the City/Town/District
Approved as to Form:
CITY/TOWN/DISTRICT COUNSEL
By: _________________________________
COUNTY OF MARIN
____________________________________
President, Board of Supervisors
Attest:
____________________________________
Measure A Cities, Towns and Special Districts Grant Agreement Page 7 of 7
Clerk of the Board
Approved as to Form:
COUNTY COUNSEL
By: _________________________________
EXHIBIT A
Marin County Ordinance No. 3760
EXHIBIT B
Allocation Method
EXHIBIT C
Form of Annual Measure A Work Plan
EXHIBIT D
Form of Annual Measure A Expenditure Report