HomeMy WebLinkAboutReso 180-2018 (18-730)File Number: 18 -730
City of South San Francisco P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City council
Resolution: RES 180 -2018
Enactment Number: RES 180 -2018
RESOLUTION APPROVING THE ACCEPTANCE OF GRANT
FUNDS FROM THE COUNTY OF SAN MATEO IN THE AMOUNT
OF $75,600, AND AMENDING THE PARKS AND RECREATION
DEPARTMENT'S FISCAL YEAR 2018 -19 OPERATING BUDGET
PURSUANT TO BUDGET AMENDMENT NO. 19.007.
WHEREAS, San Mateo County voters approved a half -cent general sales tax in November 2012
(Measure A), which was subsequently reauthorized by voters in November 2016 (Measure K) for a total
of 30 years; and
WHEREAS, the San Mateo County Board of Supervisors approved the Fiscal Year 2017 -19 Measure K
allocation plan in which the County anticipated Measure K receipts of approximately $81.6 million
annually, of which $7 million will be allocated for one -time loans and grants; and
WHEREAS, the City of South San Francisco Parks and Recreation Department submitted a funding
proposal in the amount of $75,600 over two years for invasive plant eradication and habitat restoration
work on Sign Hill Park; and
WHEREAS, the aforementioned funding proposal was approved by the San Mateo County Board of
Supervisors at their July 24, 2018 Meeting; and
WHEREAS, Sign Hill is a habitat for over 70 endangered and ecologically critical species of botanical
life, including several species of endangered butterflies, that have been threatened by the spread of
invasive plant species; and
WHEREAS, the receipt of grant funds for invasive plant eradication and habitat restoration work is an
activity directly undertaken by a public agency and subject to California Environmental Quality Act
(CEQA) as a project under Section 21065 of CEQA and section 15378 of the State CEQA Guidelines,
which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect
physical change in the environment; and
WHEREAS, the project qualifies for a Class 4 categorical exemption under CEQA Guidelines Section
15304(d) of CEQA as a minor public alteration in the condition of land, water, and/or vegetation on
City of South San Francisco Page 1
File Number., 18 -730
Enactment Number. RES 180 -2018
existing officially designated wildlife management areas that would result in improvement of habitat for
wildlife resources; and
WHEREAS, the project also qualifies for a Class 33 categorical exemption under CEQA Guidelines
Section 15333 because the project will not exceed five acres in size and will assure the maintenance,
restoration, enhancement, or protection of habitat for native plant species and wildlife, because the
habitat restoration or enhancement will be carried out principally with hand labor and not mechanized
equipment under the guidance of a naturalist and/or biologist.
NOW, THEREFORE, BE IT RESOLVED, that based on the entirety of the record before it, which
includes without limitation, the California Environmental Quality Act, and the CEQA Public Resources
Code §21000, et seq. (CEQA) and the CEQA Guidelines, 14 California Code of Regulations § 15000, et
seq.; and all reports, minutes, and public testimony submitted as part of the City Council's duly noticed
October 24, 2018 meeting; and any other evidence (within the meaning of Public Resources Code
Section 21080(e) and Section 21082.2), the City Council of the City of South San Francisco hereby finds
that the foregoing recitals are true and correct and made a part of this resolution and approves the
acceptance of grant funds from the County of San Mateo in the amount of $75,600, and amends the
Parks and Recreation Department's Fiscal Year 2018 -19 Operating Budget pursuant to Budget
Amendment No. 19.007.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the project
funding agreement and any other necessary documents on behalf of the City, subject to approval as to
form by the City Attorney.
At a meeting of the City Council on 10/24/2018, a motion was made by Richard Garbarino, seconded by
Pradeep Gupta, that this Resolution be approved. The motion passed.
Yes: 4 Mayor Normandy, Councilmember Garbarino, Councilmember Gupta, and
Councilmember Addiego
Absent: 1 Mayor Pro Tem Matsumoto
Attest. by
= t Marti li
City of South San Francisco Page 2
Agreement No. Board Resolution #076025
Page 1
MEASURE K GRANT AGREEMENT
BETWEEN THE COUNTY OF SAN MATEO AND
CITY OF SOUTH SAN FRANCISCO
This Agreement is entered into this 23 day of August, 2018 by and between the County of San Mateo, a
political subdivision of the state of California, hereinafter called “County,” and City of South San
Francisco, hereinafter called “Grantee.”
* * *
WHEREAS, the Grantee has applied to the County seeking a grant for the purpose of funding the
matters set forth in its Project described in Exhibit A (the “Grant”);
WHEREAS, the County has approved the grant of certain funds to Grantee pursuant the terms
set forth in this Agreement;
NOW, THEREFORE, it is agreed by the parties to this agreement as follows:
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this
Agreement by this reference:
Exhibit A—Project Description
Exhibit B—Reporting
2. Grant
County hereby grants to Grantee a sum not to exceed SEVENTY FIVE THOUSAND SIX HUNDRED
DOLLARS ($75,600) in consideration of and on the condition that the sum be expended for the sole
purpose of carrying out the objectives of Grantee’s Project as identified in Exhibit A, and in no event shall
the County’s total fiscal obligation under this Agreement exceed this amount. Grantee agrees to assume
any obligation to secure and furnish any additional funds that may be necessary to carry out its Project.
Funds granted under this Agreement shall not be disbursed until execution of this Agreement by County
and Grantee.
County shall disburse grant funds to Grantee upon receipt of invoices. Invoices should be accompanied
by back up documentation (e.g., receipts for professional services rendered, salary and benefits back up,
etc.) and submittal of any required summary reports outlined in Exhibits A or B. The County reserves the
right to change the disbursement method during the term of this Agreement.
The disbursement schedule is as follows:
Payment 1- Invoice for up to 50% of the grant ($37,800), upon submission of
receipts/invoices showing expenditures on items funded by the grant.
Payment 2- Invoice for remainder of the grant ($37,800), upon submission of
receipts/invoices showing expenditures on items funded by the grant, including photographs
and use of Measure K logo as approved by the County.
INVOICES: Requests for grant disbursement should be (1) on the organization’s official letterhead, (2)
include date of invoice, amount requested, and Agreement number, and (3) submitted to the attention of:
Alicia Garcia, Management Analyst
400 County Center, 1st Floor, Redwood City, CA 94063
(650) 363-4634
Email: [email protected]
Agreement No. Board Resolution #076025
Page 2
3. Term & Termination
Subject to compliance with all terms and conditions, the term of this Agreement shall begin on the date of
execution by the Parties through June 30, 2020. This Agreement will not automatically renew, nor shall it
create any reliance on the possibility of future grants.
County may terminate this Agreement based upon the unavailability of Federal, State, or County funds by
providing written notice to Grantee within a reasonable time after County learns of said unavailability of
funding. Grantee acknowledges that this Agreement may be subject to approval of the Board of
Supervisors, and assumes all risk of possible non-appropriation and non-approval of funds.
County may suspend and/or terminate this Agreement if Grantee fails to comply with the terms of this
Agreement and may, in its sole discretion, withhold or cancel pending and future disbursements of grant
funds and/or require Grantee to return some or all funds disbursed under this Agreement.
4. Relationship of Parties
Notwithstanding any publicity or other references to the County required to be made in connection with
the Project as set forth in Exhibit A, Grantee understands and agrees that the Project performed under
this Agreement is not performed by Grantee as an independent contractor of the County or as an
employee of County and that neither Grantee nor its employees acquire any of the rights, privileges,
powers, or advantages of County contractors or County employees. Grantee acknowledges and agrees
that it is not, and will not hold itself out as, an agent, partner, or co-venturer of the County, and that this
Agreement is not intended and does not create an agency, partnership, joint venture between the Parties
5. Project Administration
The Parties agree that the Project as described in Exhibit A shall not be altered without a written
amendment to this Agreement, signed by both the County and the Grantee. Grantee shall provide written
reports to the County’s authorized representative in accordance with Exhibit B.
6. Hold Harmless
Grantee shall indemnify and save harmless County and its officers, agents, employees, and servants
from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the
performance of any work or services performed of Grantee in furtherance of the Project under this
Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the
following:
(A) injuries to or death of any person, including Grantee or its
employees/officers/agents/volunteers;
(B) damage to any property of any kind whatsoever and to whomsoever belonging;
(C) any sanctions, penalties, or claims of damages resulting from Grantee’s failure to comply with
any applicable federal, state, or local laws or regulations; or
(D) any other loss or cost, including but not limited to that caused by the concurrent active or
passive negligence of County and/or its officers, agents, employees, or servants. However,
Grantee’s duty to indemnify and save harmless under this Section shall not apply to injuries or
damage for which County has been found in a court of competent jurisdiction to be solely liable
by reason of its own negligence or willful misconduct.
The duty of Grantee to indemnify and save harmless as set forth by this Section shall include the duty to
defend as set forth in Section 2778 of the California Civil Code.
Agreement No. Board Resolution #076025
Page 3
7. Insurance
a. General Requirements
Prior to its receipt of any funds pursuant to this Grant Agreement, Grantee shall obtain all insurance
required under this Section and such insurance shall be subject to the approval by County’s Risk
Management, and Grantee shall use diligence to obtain such insurance and to obtain such approval.
Grantee shall furnish County with certificates of insurance evidencing the required coverage, and there
shall be a specific contractual liability endorsement extending Grantee’s coverage to include the
contractual liability assumed by Grantee pursuant to this Agreement. These certificates shall specify or
be endorsed to provide that thirty (30) days’ notice must be given, in writing, to County of any pending
change in the limits of liability or of any cancellation or modification of the policy.
b. Workers’ Compensation and Employer’s Liability Insurance
Grantee shall have in effect during the entire term of this Agreement workers’ compensation and
employer’s liability insurance providing full statutory coverage. In signing this Agreement, Grantee
certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of
Section 3700 of the California Labor Code, which require every employer to be insured against liability for
workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor
Code, and (b) it will comply with such provisions before commencing or continuing the performance of
Project work for which it would receive grant funds.
c. Liability Insurance
Grantee shall take out and maintain during the term of this Agreement such bodily injury liability and
property damage liability insurance as shall protect Grantee and all of its employees/officers/agents while
performing work covered by this Agreement from any and all claims for damages for bodily injury,
including accidental death, as well as any and all claims for property damage which may arise from
Grantee’s operations under this Agreement, whether such operations be by Grantee, any subcontractor,
anyone directly or indirectly employed by either of them, or an agent of either of them. Such insurance
shall be combined single limit bodily injury and property damage for each occurrence and shall not be
less than the amounts specified below:
X Comprehensive General Liability… $1,000,000
(Applies to all agreements)
☐ Motor Vehicle Liability Insurance… $1,000,000
(To be checked if motor vehicle used in performing services)
☐ Professional Liability………………. $1,000,000
(To be checked if Grantee is a licensed professional)
County and its officers, agents, employees, and servants shall be named as additional insured on any
such policies of insurance, which shall also contain a provision that (a) the insurance afforded thereby to
County and its officers, agents, employees, and servants shall be primary insurance to the full limits of
liability of the policy and (b) if the County or its officers, agents, employees, and servants have other
insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.
In the event of the breach of any provision of this Section, or in the event any notice is received which
indicates any required insurance coverage will be diminished or canceled, County, at its option, may,
notwithstanding any other provision of this Agreement to the contrary, immediately declare a material
breach of this Agreement and suspend any further payment pursuant to this Agreement.
Agreement No. Board Resolution #076025
Page 4
8. Assignability and Subcontracting
Grantee shall not assign this Agreement or any portion of it to a third party. Except as set forth in Exhibit
A, Grantee shall not subcontract with a third party to perform the Project. Any such assignment or
subcontract without County’s prior written consent shall give County the right to automatically and
immediately terminate this Agreement without penalty or advance notice and the County shall have the
right to a refund of all funds disbursed under this Agreement.
9. Compliance With Laws
All services to be performed by Grantee in connection with the Project shall be performed in accordance
with all applicable Federal, State, County, and municipal laws, ordinances, and regulations, including, but
not limited to, any laws related to payment of prevailing wages pursuant to the California Labor Code. In
connection with the Project, Grantee bears responsibility to obtain, at Grantee’s expense, any license,
permit, or approval required from any agency.
10. Merger Clause; Amendments
This Agreement, including Exhibits, constitutes the sole Agreement of the parties regarding the Grant,
and correctly states the rights, duties, and obligations of each party as of this document’s date. In the
event that any term, condition, provision, requirement, or specification set forth in the body of this
Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or
specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the
Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the
parties concerning the Grant that are not expressly stated in this document are not binding. All
subsequent modifications or amendments shall be in writing and signed by the parties.
11. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement,
the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any
nature arising out of this Agreement shall be governed by the laws of the State of California without
regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be
venued either in the San Mateo County Superior Court or in the United States District Court for the
Northern District of California.
12. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall
be deemed to be properly given when both: (1) transmitted via facsimile to the telephone number listed
below or transmitted via email to the email address listed below; and (2) sent to the physical address
listed below by either being deposited in the United States mail, postage prepaid, or deposited for
overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number
showing confirmation of receipt.
In the case of County, to: In the case of Grantee, to:
Invoices should be submitted to the attention of:
Alicia Garcia, Management Analyst
400 County Center, 1st Floor
Redwood City, CA 94063
[email protected]
(650) 363-4634
Mike Futrell, City Manager
City of South San Francisco
400 Grand Ave
South San Francisco, CA 94080
[email protected]
(650) 829-6609
Agreement No. Board Resolution #076025
Page 6
Exhibit A
The County and Grantee agree that the grant funds shall only be used to further the goals of the following
Project, described below and in the July 24, 2018 Board transmittal and Resolution, attached hereto:
To provide for the payment and acquisition of resources for the Sign Hill Habitat Restoration
Project.
In addition to covering the acquisition of 1,000 native plants to replace invasive species,
Measure K funding would also cover the purchase of various necessary equipment, gear, and
tools for staff and volunteers, and would pay for the part-time employment of a Project
Coordinator and Park Aide to oversee the remediation process.
The project will be divided into two phases, each to be conducted in 50 week, twice a week,
three hours per day increments.
Agreement No. Board Resolution #076025
Page 7
Exhibit B
In accordance with the terms of this Grant Agreement, Grantee will provide, or cause to be provided the
services for the Project detailed in Exhibit A and will report back to the County regarding various
performance measures including, but not limited to, those noted below. Such reporting data shall be
delivered to the County no later than June 30, 2020.
Performance Measure Target
Number of volunteers trained per year 15
Number of volunteer labor hours invested per year 540
Number of volunteer sessions per year 12
Native species planted in remediation area 1,000