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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