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 ([email protected]), by July 1, 2022.
• Contact Mr. Wright by e-mail ([email protected]) 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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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: [email protected]_________
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
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.)
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 - OtherE. 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: [email protected]
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