A Resolution Authorizing Entering nto an agreement with the land and water conservation fund for purposes funding the MLK, Jr. Park Re-imagining and Revitalization Project.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD AUTHORIZING ENTERING INTO AN
AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF PARKS
AND RECREATION, AS THE ADMINISTRATOR FOR THE LAND
AND WATER CONSERVATION FUND FOR PURPOSES OF
FUNDING THE MARTIN LUTHER KING, JR. PARK RE-
IMAGINING AND REVITALIZATION PROJECT.
WHEREAS, the Congress under Public Law 88 -578 has authorized the establishment of a federal Land and Water Conservation Fund Grant -In-Aid program (LWCF), providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation (“State”) is responsible for administration of the program in the State, setting up necessary rules and procedures governing a pplications by local agencies under the program; and
WHEREAS, on April 30, 2024, City submitted a n application for the LWCF grant through National Park Service with the State being the grant administrator for purposes of funding Phase I of the Martin Luther King Jr. Park, Re-Imagining and Revitalization Project (“Project”); and
WHEREAS, on September 25, 2024, the State awarded the grant to the City in the amount of $11,909,000.00, in order to support the Project. The grant requires a fifty percent match of funds based on the awarded amount; and
WHEREAS, said procedures established by the State require the governing body or its designee enter into a Grant Agreement for the intended use of grant funds; and
WHEREAS, the Grant Agreement requires the City to indemnify the State, their officers, agents, and employees from liability arising from the Project; and
WHEREAS, the Grant Agreement also requires City to authorize the State to encumber Phase 1 of the Project, which is a portion of the real property located at 1000 S. Owen s Street, Bakersfield, CA 933 05 (“Project Property”), as more particularly described in the Grant Agreement, by recording a Declaration of Restrictions, as required for the release of program grant funds to City , pursuant to the program requirements; and
A Resolution Authorizing Entering nto an agreement with the land and water conservation fund for purposes funding the MLK, Jr. Park Re-imagining and Revitalization Project.
WHEREAS, the City will enter into the Grant Agreement with the State to complete the Project; and
WHEREAS, the City certifies by resolution the approval of the Grant Agreement and the availability of eligible matching funds.
NOW THEREFORE, be it resolved by the City Council of the City of Bakersfield as follows:
1. The above recitals are true and correct and incorporated herein by reference; and
2. Agrees to abide by Public Law 88-578, 78 Stat 897, codified at 54 U.S.C. § 2003); and
3. Certifies that City has or will have available matching funds from eligible sources and can finance the total P roject work utilizing LWCF grant funds, sufficient funds, including those provided by this grant, to complete the Project; and
4. Certifies that the City reviewed, understands, and agrees to the General Provisions contained in the Grant Agreement, including that City shall indemnify the State as it relates to the construction, operation or maintenance of the Project; and
5. Delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s); and
6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
7. The Mayor is authorized to execute the Declaration of Restrictions to be recorded against the Project Property in the official records where the Project Property is located prior to the State disbursing grant funds to City.
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A Resolution Authorizing Entering nto an agreement with the land and water conservation fund for purposes funding the MLK, Jr. Park Re-imagining and Revitalization Project.
HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote:
AYES: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, KOMAN, BASHIRTASH, KAUR NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
By
KAREN GOH, Mayor
City of Bakersfield
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
VIRIDIANA GALLARDO-KING
Deputy City Attorney ll
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S:\PARKS\Agrs\25-26\ResoMLKReImagining.docx