HomeMy WebLinkAboutSteward ship Council Construction Grant for Park Amenitites at Universally Accessible ParkCity of
REPORT TO THE CITYCOUNCIL
August 26, 2008
AGENDA ITEM NO.
COUNCIL MEETING 8/26/08
APPROVED BY
DE ARTMENT DIRECTOR
CITY MANA R
FROM: RANDALL L. COOPER, Director
Parks, After School, Recreation and Community Services Department
BY: JERRY HAYNES, Assistant Directo
IRMA YEPEZ-PEREZ, Grant Write
Parks, After School, Recreation and Community Services Department
SUBJECT: AUTHORIZE ACCEPTANCE OF A $200,000 GRANT FROM THE STEWARDSHIP
COUNCIL FOR THE CONSTRUCTION OF PARK AMENITIES AT THE UNIVERSALLY
ACCESSIBLE PARK
KEY RESULT AREA: One Fresno
RECOMMENDATIONS
Staff recommends that the City Council (1) approve acceptance of a $200,000 grant from the Pacific Forest
and Watershed Lands Stewardship Council (Stewardship Council) for the construction of park amenities at the
Universally Accessible Park; and (2) authorize the Parks, After School, Recreation and Community Services
Director, or his designated representative, as agent of the City of Fresno to execute and submit all documents,
including but not limited to, agreements, and amendments which may be necessary to carry out the purpose
specified in the agreement and the project described therein, all subject to prior approval as to form by the City
Attorney's Office.
EXECUTIVE SUMMARY
The Parks, After School, Recreation and Community Services Department (PARCS) was successfully awarded
a grant in the amount of $200,000 from the Stewardship Council for the construction of a rubberized multi-
purpose sports field, wheelchair accessible basketball court and skateboard court at the Universally Accessible
Park at Polk and Gettysburg. Approval of a designated representative from PARCS is necessary for
acceptance of this grant. The grant funds have been included in the FY 2009 PARCS capital budget.
KEY OBJECTIVE BALANCE
The agreement addresses the two Key Objectives of Customer Satisfaction and prudent Financial
Management.
First, Customer Satisfaction is enhanced by improving access to play areas for disabled and non -disabled
residents. Second, Financial Management will be enhanced by receiving a grant that will reduce the City's
encumbrance for the project.
BACKGROUND Presented to City Counril
" SUBJECT TO MAYOR'S VETO
REPORT TO THE CITY COUNCIL
Park Amenities Grant from Stewardship Council
August 26, 2008
Page 2
The Pacific Forest and Watershed Lands Stewardship Council, a California nonprofit public benefit corporation,
also referred to as "Stewardship Council," invests in community-based park and environmental education
efforts to connect underserved youth with the outdoors. On November 28, 2007, the Stewardship Council
awarded a grant of $200,000 to the City of Fresno PARCS Department for the Universally Accessible Park at
Polk and Gettysburg.
Funds will be used to construct park amenities, which include a rubberized multi-purpose sports field,
wheelchair accessible basketball court, and a skateboard court. The amenities will be fully accessible in
compliance with the Americans with Disabilities Act (ADA), and meet design standards approved by Miracle
League to address the needs of the physically and mentally challenged.
The City Attorney's Office and Risk Management have reviewed the grant agreement
FISCAL IMPACT
Acceptance of this grant will have no impact to the General Fund
Attachment: Stewardship Council Grant Agreement
K:\JosieK\Rept to CC\2008
8112/08
2
IF
S IQ(, (,OF
CITY OF FRESNO
City Clerk's Office (Original)
Stewardship
s
August 1, 2008
Randall L. Cooper
City of Fresno
PARCS Department
2326 Fresno Street, Room 101
Fresno, CA 93721-1824
Pacific Forest and Watershed Lands Stewardship Council, a California nonprofit public
benefit corporation ("Stewardship Council"), has decided to accept the grant proposal
("Proposal") submitted by the City of Fresno Parks, After School Recreation and
Community Services (PARCS) Department ("Grantee"), for an award in the amount of
$200,000 (the "Grant"). This letter agreement ("Letter Agreement") sets forth the terms
and conditions of the Grant.
1. The Stewardship Council hereby grants to Grantee Two Hundred
Thousand Dollars ($200,000) (the "Grant Funds") payable in installments as shown in
Exhibit A attached hereto and subject to requirements listed in paragraphs 7 and 8 below.
2. No part of the Grant Funds may be used to attempt to influence legislation,
carry on propaganda or otherwise carry out lobbying activities within the meaning of
Section 4945(e) of the Internal Revenue Code.
3. No part of the Grant Funds may be used to attempt to influence the
outcome of any specific public election, or to carry on, directly or indirectly, any voter
registration drive.
4. No part of the Grant Funds may be used for purposes other than charitable,
scientific, literary, or educational purposes.
5. Specifically, the Grant Funds shall be used only for the Universally
Accessible Park @ Polk/Gettysburg Project, as described in Exhibit A attached hereto,
and for no other purpose without the prior written consent of the Stewardship Council.
Any part of the Grant Funds not so used must be returned promptly to the Stewardship
Council. The Stewardship Council reserves the right to discontinue or modify payments
or require total or partial refund of Grant Funds in the event Grantee fails to comply with
the terms and conditions of this Letter Agreement.
6. Grantee hereby represents that all information provided by Grantee in the
Proposal and any other submissions to the Stewardship Council is true and accurate in all
material respects. If any of the information changes in any material respect before the
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Grantee's use of all Grant Funds, Grantee shall promptly provide a written update of such
information to the Stewardship Council.
7. Grantee Agrees to furnish the Stewardship Council an interim status report
prior to each installment payment of Grant Funds to Grantee. Said interim status report
will include an update on the manner in which the Grant Funds are spent and the progress
made in accomplishing the purposes of the grant. Upon receipt and approval of the
interim status report, the Stewardship Council will release additional funds in accordance
with the disbursement schedule specified in Exhibit A. It is understood and agreed that if
the milestones set forth in Exhibit A for release of Grant Funds are not achieved in a
timely manner, or in any event no later than June 30, 2009, the Stewardship Council may
in its sole discretion cancel further disbursements or/and require a total or partial refund
of Grant Funds.
8. Upon completion of use of the Grant Funds, but no later than June 30,
2009, Grantee will make a final report to the Stewardship Council detailing all
expenditures made from Grant Funds and indicating the progress made toward the goals
of the Grant.
9. The Stewardship Council shall have the right to inspect the books, records
and physical properties of Grantee and evaluate Grantee's use of Grant Funds, so long as
(i) such inspection or evaluation occurs during regular business hours; (ii) such inspection
or evaluation does not unreasonably interfere with Grantee's regular operations; and (iii)
the Stewardship Council provides at least three (3) days prior notice of any such
inspection or evaluation. Grantee agrees to cooperate with and provide information to the
Stewardship Council in connection with any inspection or evaluation conducted pursuant
to this Letter Agreement.
10. Grantee will indicate the Grant Funds separately on its books of account,
charge expenditures made in furtherance of the Grant purposes against the Grant Funds,
and keep records adequate to enable the use of the Grant Funds to be checked readily.
11. Grantee will keep these records, along with copies of the reports submitted
to the Stewardship Council, for at least four years, and make the records available to the
Stewardship Council at reasonable times.
12. The Stewardship Council's obligations under this Letter Agreement shall
not exceed the grant amount in paragraph 1 above.
13. This Letter Agreement shall commence on the later of (i) the date of full
execution by the parties, and (ii) the date the Grant Funds are delivered to the Grantee.
This Letter Agreement shall terminate upon Grantee's use of all of the Grant Funds as
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contemplated by this Letter Agreement, or upon the return of any unused Grant Funds,
provided, however, that the provisions in paragraph 11 shall survive for four years after
termination and the provisions of paragraph 20 shall survive the termination of this Letter
Agreement indefinitely.
14. Grantee will not schedule or engage in any public announcement or press
release regarding the grant, this Letter Agreement or its relationship with the Stewardship
Council without the prior written approval of the Stewardship Council.
15. Grantee agrees to maintain insurance policies consistent with industry
standards for organizations of its size and operations. Grantee agrees to execute,
implement and maintain an appropriate memorandum of understanding, plan,
arrangement or other agreement relating to risk management with each of Grantee's
partnership organizations.
16. Nothing in this Letter Agreement shall be construed as creating a
partnership, joint venture, or agency relationship between Grantee and the Stewardship
Council.
17. Grantee shall conduct all of its activities under this Letter Agreement and
otherwise in accordance with all applicable laws and regulations.
18. Grantee agrees that in conducting its activities under this Letter
Agreement, including Grantee's use of the Grant Funds, Grantee shall not knowingly
discriminate on the basis of race, color, religion, gender, national origin, age, medical
condition, veteran status, marital status, disability, ancestry, sexual orientation, or any
other characteristic protected by law, except to serve historically disadvantaged groups.
19. Grantee does not knowingly employ individuals or contribute funds to
organizations found on any terrorist -related list prepared by the U.S. Government, the
United Nations, or the European Union, including the Department of Treasury's Office of
Foreign Assets Control Specially Designated Nationals List, the Department of Justice's
Terrorist Exclusion List, or the list attached to Executive Order 13224. Should any
change occur with respect to the preceding sentence, Grantee will notify the Stewardship
Council within 7 days of such change.
20. Grantee shall and does hereby indemnify, defend, and hold harmless the
Stewardship Council, and the Stewardship Council's past, present and future officers,
directors, and employees, from and against any and all claims, demands, losses, costs,
expenses, obligations, liabilities, damages, recoveries, and deficiencies, including
interest, penalties, and reasonable attorney fees and costs, that Stewardship Council may
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incur or suffer and that result from, or are related to, the award of the Grant to or use of
the Grant Funds by Grantee.
21. All written communications sent by the parties may be by email, US. mail,
overnight courier, or by fax, and shall be addressed as follows:
To Grantee: 2326 Fresno Street, Room 101
Fresno, CA 93721-1824
Fax: (559) 498-1588
Email: Irma.Yepez-Perez@fresno.gov
Attention: Irma Yepez-Perez, Grant Writer
To Stewardship Council: 15 North Ellsworth Avenue
San Mateo, CA 94401
Fax: (650) 344-9072
Email: youthgrants@stewardshipcouncil.org
Attention: Steve Hagler
22. The benefits to be provided under this Letter Agreement are personal in
character, and may not be assigned or transferred by Grantee unless first approved by the
Stewardship Council in writing. Subject to the foregoing restriction on assignments and
transfers, this Letter Agreement shall be binding upon and inure to the benefit and burden
of the parties and their respective heirs, successors and assigns.
23. This Letter Agreement may not be amended or modified except by written
instrument, signed by Grantee and the Stewardship Council. This Letter Agreement
constitutes the entire understanding of the parties concerning the subject matter hereof,
and supersedes any and all previous negotiations, agreements, or understandings, if any,
regarding the matters contained herein.
24. This Letter Agreement shall be governed by the laws of the State of
California without regard to California conflict of laws principles.
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25. This Letter Agreement may be executed in counterparts which together
shall constitute a single agreement. Facsimile signatures shall have the force and effect
of original signatures.
Sincerely,
PACIFIC FOREST AND WATERSHED LANDS
STEWARDSHIP COUNCIL,
a California nonprofit public benefit corporation
s;
B �
B
Y:
NJa e B t ey
TiEx uti e Director
.O�
Date: 1 _ It ?j
Accepted and Agreed to by:
CITY OF FRESNO
By:
Name. Randall L. Cooper
Title: Parks, After School, Recreation
and Community Services Director
Date: August 26, 2008
' 1 1 1'
1• 1-
City of Fresno PARCS - 2007 Infrastructure Grant Page 5 of 6 August 1, 2008
Exhibit A
The Stewardship Council funds will be used for the Universally Accessible Park @
Polk/Gettysburg Project to build amenities which include a rubberized multi-purpose
sports field, wheelchair accessible basketball court and skateboard court. Other amenities
at this park include a walking/jogging path, water splash play area, three age-appropriate
(shaded) play structures, community building, two picnic pavilions, scattered picnic
tables with barbeques, and ample parking. The universally accessible design will change
the Fresno landscape to make it possible for all citizens, disabled or able-bodied, to
recreate together at one location.
UNIVERSALLY ACCESSIBLE PARK PROJECT TIMELINE
Task
Dates
Sign Contracts
07/30/08 - 08/07/08
Plans
10/20/08 — 12/30/08
Bid Project
1/7/09 — 2/25/09
Award Project
1/29/09 — 2/25/09
Construction
2/26/09 — 8/27/09
End Construction
8/27/09
Project Close -Out
09/30/09
GRANT DISBURSEMENT SCHEDULE
Status Report
Amount
Estimated Date
to Include:
Grantee's notice that Contract has
$50,000
1/9/09
been awarded
Grantee's certification that
$100,000
4/1/09
construction has commenced
Copy of City Engineer's Inspection
$50,000
6/30/09
Report
City of Fresno PA RCS - 2007 Infrastructure Grant Page 6 of 6 August 1, 2008