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HomeMy WebLinkAboutCALIFORNIA DEPARTMENT OF PARKS AND RECREATION; 1990-06-02; BB-37-321STATE OF CALIFORNIA—THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Governor DEPARTMENT OF PARKS AND RECREATION Vo. BOX 942896 SACRAMENTO 94296-0001 (916) 322-9591 July 2, 1990 Mr. Keith Beverly Administrative Assistant Parks and Recreation Dept. City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Dear Keith: Senior Citizen Center #BB-37-321 Enclosed is a fully-executed agreement for the above project(s). Please refer to your procedural guide for information on program requirements. Enclosed are payment request forms and support material for final payment. If you need assistance with your project(s), please contact me at the above number. Sincerely, Georgene Gloria Albright Project Officer Enclosures /cs ucrMtt i IVICIM I Of r»u neuneMi iui\» GRANT AGREEMENT URBAN OPEN-SPACE AND RECREATION PROGRAM APPLICANT city of Carlsbad PROJECT IMUMRFR BB-37-321 PROJECT TITLE Senior Citizen Center PROJECT PERFORMANCE PERIOD IS April.27, 1990 to June 30, 1992 Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through its Director of Parks and Recreation pursuant to the Roberti-Z'berg-Harris Urban Open Space and Recreation Program Act, (Public Resources Code Section 5620 et. seq.) agrees to fund the project(s) up to the total state grant amount indicated. PROJECT DESCRIPTION: (indicate acquisition or development) Acquisition and/or development of land and/or facilities for recreational purposes at Senior Citizen Center. Total State Grant (not to exceed the grant entitlement nor to exceed 70 percent of Project cost) $ 21,416 City of Carlsbad The Application and attached Provisions are made a part of and are incorporated into the Agreement. Title. Date. By. Title . Date. Signature of Authorized Representative Director, Parks and Recreation STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By. Date. CERTIFICATION OF FUNDING CONTRACT NUMBER FUND CALIFORNIA WILDLIFE. COASTAL, AND PARK LAND CONSERVATION FUND PRC AMOUNT OF THIS ESTIMATE $21,416 APPROPRIATION UNENCUMBERED BALANCE $ ITEM NO. 3790-101-786(3) CHAPTER 93 STATUTES 1989 FISCAL YEAR 1989/90 ADJ. INCREASING ENCUMBRANCE $ FUNCTION ADJ. DECREASING ENCUMBRANCE S LINE ITEM ALLOTMENT I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance. T.B.A.NO.B.R. No. SIGNATURE OF ACCOUNTING CJFJBICER DATE JUN I 3 1990 ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM ACT Project Agreement Special Provisions General Provisions A. Definitions 1. The term "State" as used herein means the California State Department of Parks and Recreation. 2. The term "Act" as used herein means the Roberti-Z'berg-Harris Urban Open Space and Recreation Program Act. 3. The term "Project" as used herein means the project which is described on Page 1 of this agreement. 4. The term "Applicant" as used herein means the party described as applicant on Page 1 of this agreement. 5. The term "Application" as used herein means the documentation required in the State Procedural Guide for the Act. B. Project Execution 1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money (grant moneys) not to exceed the amount stated on Page 1 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the Description of Project on Page 1 and under the terms and conditions set forth in this agreement. Applicant agrees to furnish at least thirty (30) percent of the total cost of the Project unless waived per the procedures stated in the current State Procedural Guide for the Act and to assume any obligation to furnish any additional funds that may be necessary to complete the project. Any modification or alteration in the project as set forth in the application on file with the State must be submitted to the State for approval. 2. Applicant shall comply as lead agency with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq.). 3. If the project includes development, the Applicant agrees to furnish the State a bid package or force account information, whichever is applicable, upon request by the State. 4. Applicant agrees to permit periodic site visits by the State to determine if development work is in accordance with the Description, of Project on Page 1 and under the provisions of this agreement including a final inspection upon Project completion. 5. If the Project includes acquisition of real property, Applicant agrees to comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances. Docu- mentation of such compliance will be made available for review upon request by the state. 6. All significant deviations from the Project shall be submitted to the State for prior approval. DPR 813 A (8/88) C. Project Performance ' 1. Applicant agrees to secure completion of the Project within the project performance period on Page 1, in accordance with the Project Description on Page 1, and under the provisions of this agreement. 2. The Project Performance Period shall begin upon Legislative appropriation of grant funds in the Budget Act or upon date of certification by Applicant's attorney, whichever is later and is shown on Page 1. 3. Applicant may not take title to land or begin on-site construction until Project Performance Period begins. 4. Applicant agrees to encumber (start the project) the grant moneys within three years of the date of approval by the Director of the California Department of Parks and Recreation of the application for such moneys. The date of application approval is the date the Director or his authorized representative signs this agreement. Any part of grant moneys not encumbered within the three-year period shall revert to the State. D. Project Costs 1. State agrees to disburse to Applicant the total state grant on Page 1 pursuant to the procedures stated in the current State Procedural Guide for the Act. 2. Applicant agrees that State may perform final audit of the Project. E. Project Administration 1. Applicant agrees to promptly submit periodic reports as the state may request with request to Applicant's use of the grant, but the reports shall not be required to be submitted more frequently than annually. 2. Applicant agrees that property and facilities acquired or developed pursuant to this agreement shall be available for inspection upon request by the state. 3. Applicant agrees to use any moneys advanced by the State under the terms of this agreement solely for the Project herein described. 4. If grant moneys are advanced, the Applicant agrees it should place such moneys in a separate interest-bearing account, setting up and identifying such account prior to the advance; that interest earned on grant moneys shall be used on the Project or paid to the State; and if grant moneys are advanced and not expended, the unused portion of the grant shall be returned to the State within 60 days of completion of the Project or end of the Project performance period, whichever is earlier. 5. Applicant agrees that income earned by the Applicant from a State approved non-recreational use on Project shall be used for recreational purposes at the Project, or, if approved by the State, for recreational purposes within the Applicant's jurisdiction. F. Project Termination 1. Applicant may unilaterally rescind this agreement at any time prior to the expenditure of grant funds. After expenditure of grant funds, this agreement may be rescinded, modified or amended only by mutural agreement in writing. 2. Failure by the Applicant to comply with the terms of this agreemet or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure of the Applicant to comply with the terms of this agreement shall not be cause for the suspension of all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Applicant. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement. 4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms of this agreement, is the preservation, protection and net increase in the quantify and quality of parks, public recreation facilities and/or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unas- certainable extent the amount of money furnished by the State by way of grant moneys under the Provisions of money fur- nished by the State by way of grant moneys under the Provisions of this agreement, the Applicant agrees that payment by the Applicant to the State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would be inadequate compensation to the State for any breach by the Applicant of this agreement. The Applicant further agrees, therefore, that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be the specific performance of this agreement, unless otherwise agreed to by the State. 5. If the project includes development, final payment may not be made until the Project conforms substantially with this agree- ment and is a usable public recreation facility. G. Hold Harmless 1. The Applicant hereby waives all claims and recourse against the State including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this agreement except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. 2. Applicant agrees to indemnify, hold harmless and defend the State, its officers, agents, and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the property described as the Project, which claims, demands, or causes of action arise under Government Code Section 895.2 or otherwise, except for liability arising out of the concurrent or sole negligence of the State, its officers, agents, or employees. 3. In the event the State is named as codefendant under the provisions of Government Code Section 895 et. seq., the Applicant shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent it- self as codefendant in such legal action; in which event the State shall bear its own litigation costs, expenses, and attorney's fees. 4. In the event of judgment entered against the State and Applicant because of the concurrent negligence of the State and Appli- cant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. Applicant agrees to indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Applicant has certified. Applicant achnowledges that it is solely responsible for compliance with items to which it has certified. H. Financial Records 1. Applicant agrees to maintain satisfactory financial accounts, documents, and records for the project and to make them available to the State for auditing at reasonable times. Applicant also agrees to retain such financial accounts, documents and records for three years following Project terminaiton or completion. During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books records or reports of the other party pertaining to this agreement or matters related thereto. Applicant agrees to maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this agreement. 2. Applicant agrees to use a generally accepted accounting system. I. Use of Facilities 1. The property acquired or developed with grant moneys under this agreement shall be used by the Applicant only for the pur- pose for which the State grant moneys were requested and no other use of the area shall be permitted except by specific act od the Legislature. 2. Applicant agrees to maintain and operated the property acquired or developed for a period commensurate with the type of Project and the proportion of State Grant funds and local funds allocated to the capital costs of the Project. J. Nondiscrimination 1. Applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this agreement. 2. Applicant shall not discriminate against any person on the basis of residence excpet to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Project agreement. K. Application Incorporation 1. The application and any subsequent changes or additions approved by the State is hereby incorporated in this agreement as though set forth in full in this agreement. L. Severability 1. If any provision of this agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the agreement which can be given effect without the invalid provision or application, and to this end the prov- visions of this agreement are severable.