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HomeMy WebLinkAboutState Dept Parks & Recreation; 2003-01-30;~tata of kllfornb'- ne ~~~auku Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT PER CAPITA GRANT PROGRAM commNuh4BER FUND VENDORNUMBER AMOUNT OF THLS ESTIhiATE NPRPRIATION Bond Ad of 2000 C2003380 00000os4350~ I S744.000.00 UNENCUMBEEDBALANCE ITEM CnAFT6R 1 GRANTEE City of Carlsbad THE PROJECT PERFORMANCE PERIOD is fram the Julv 1.2000 through June 30,2008. The Grantee agrees to the terms and conditions ofthis Contract, and the State of California, acting through its Director of Parks and Recreation pursuant to the Per Capita Program in the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000, agrees to fund the Pmject(s) UP t0 the total State Grant Amount indicated. THESE FUUDS ARE FOR THE ACWWTION DEVELOPMENT, IMPROVEMENT, REHABILITATION, RECREATIONAL LANDS AN0 FACIWIES, INCLUDING RENOVATION OF RECREATIONAL FACIUTIES CONVEYED TO LOCAL AGENCIES RESULTlNQ FROM THE OOWNSlUNG OR DECOYMISSKJMNG OF FEDERAL MILITARY INSTALLATIONS. Total statb Grant Amount not to Bl[cBBd $ 744#ooo REsTomnoN, ENHANCEMENT, AND INTERPRETATKNU OF LOCAL PARKS AND ". KW Beverlv BY TitR Sr. Manasernent Analyst oam The General and Special Provisions attached are made a part of and incorporated into the Contra& . STATE OF CALIFORNIA DEF'ARTMENT OF'PPI'RKS AND RECREATION .. ..._..,. ...... ..... .. ... . CERTIFICATION OF FUNDING (FOR STATE USE ONLY) PROJECT I WORK PHASE. I I 702 3790-103-0005 .R.. NO. -7 1091 I T.B .A. NO. hmby ccnifyvpcn my pasonill knowledge that budgeted funds arc available for this encumbrance. -. ..-. "-l,.' .. . Grant Contract Special Provisions General Provisions A. 6. 1. 2. 3. 4. 5. 6. 7. Definitions 1. 2. The tm=W as used here.. mearts the Appropriation forthe hogram. The term 'Aoquisiion' as used herein means to obtain from a willing seller a fee interest or any other interest, including easements and Development rights, in real property. The &rm "Application' 8s used herein means the individual Applii and its required attachments for grants pursuant to the enabling legislation andlor program. The term 'Development" as used herein means improvements to real property by construction of new facilities or renovation or additions to existing facilities. The term %rantee" as used herein meansthe party described as the Grantee on page 1 of thiscontrad 3. 4. 5. 6. 7. Theterm wed" 85 used herein meanstha f%jectdesc&edon page 1 ofthis Contract The term 'State" as used herein means the state of Cali Deparbnent of Parks and Recrerdbn. proied- Subject to the avaibbility of grant modes h the Act, the State hereby grants to the Grantee a sun d money (grant monies) not to exceed the amount stated on page 1. in consideration of, and on condition that, the sum be expmded in carrying wt the pwposes asset forth in the Description of Project on page 1, and under the tenns and conditions set forth in this Contract. The Grantee shall assume any obligation to furnish any addii funds that may be necessary to complete the Project. Any modhtion or alteration in the Project asset forth in the Application on file with the State must be submitted tothe State for approval. The Grantee shall complete the Project in accordance with thetlrne of Prcrject Performance set forth on page 1, end underthe termsand conditions ofthis cantrad The Grantee shall cornply as lead agency with the California €rwhnmm tal Quality Act (Public pesoutces Code, Section 21O00, et. seq.; Ti 14, CaIifomia Code of Regulations, sedion 15000 et. SW.1 If the Project includes Development, the Grantee shall comply with all applicable current laws and regulations afFdng Development Projects, indudig, but not limited to, legal requirements for amsbwtion contracts, buading codes, health and safety codes, and disabled access laws. The Grantee shall permit perbck site vlsb, including a final inspection upon Project oompletion by the State, to determine if Development work is m accordance with the appnwed Project Scope. prior to the commencement of any work, the Grantee agrees to submi any significant deviation from the original Pmjed Scope in writing to the State for prior approval. If the Pro]& lncludes Acquisition of reel property, the Grantee agresg to comply with aH applkabte state and tocal laws or ordinances affecting rdocatlon and real pmpaty Acquisition. Per Capita Procedural Guide 23 8. The Grantee shall provide for public access to Project facilities in accordance vuith the intent and provisions of the enabling legislation andlor program. 9. Pursuant to guidetines issued by the Secretary for Resources, aH recipients of funding shall post stgns acknowledging the source of funds. 10. Grantees shell have (1) fee titie, (2) lease hdd or (3) other interest to the Project lands and demonstrate to the satisfaction of the State that the propoged Project will provide public benefrts that are commensurate with the type and duratlon of the interest in land, as determined by the State, that is held by the Grantee. 11. The Grantee shall maintain and operate the property funded pursuant to Section 5096.343 (a) (1) of the Public Resw rces Cod e for a period that is commensurate with the type of Project and the propcution of state funds or property allocated to the capital costs of the Project. With the approval of the State, the Grantee. or the Grantee's SuocessOT in interest in the property, may transfer the responsibility to maintain and operate the properly in dance with this section. The Grantee shall use the property only for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property, except as authorized by specific act of the legislature. The agmrnents specified in this section shall not prevent the transfer of the property from the Grantee to a public agency, if the successor publk agency assumes the obligations imposed by those agreements. If me use of the property is changed to a use that is not permitted by the category frwn whii the grant funds were appropriated, or if the property is sold or otherwise dkposed of, an amount equal to (1) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whlchever is greater, shall be used by the Grantee for a purpose authized by that category, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only fur a purpose authorized by that category. If the property sold or otherwise disposed of is less than the entire interest in the property funded with the grant, an amount equal to either the proceeds from the sale or other dlspositibn of the interest or the fair market value of the interest sold or otherwbe disposed of, whichever is greater, shall be used by the Grantee for a purpose authorited by the category from which the funds were appropriated, pursuant to agreement with the State as specmed in this section, or shall be reimbursed to the fund and be availabte for Appropriation by the Legislature only for a use authorized by that category. 12. Lands acquired with funds from the Act shall be wired from a wilting seller of the land. 13. The Application shall be accompanied by certification from the Grantee's planning agency that the Project for whii the grant is requested is consistent with the the applicaMe city or county general plan, the Dw park and recreation plan, or the appropriate planning document, as the case may be, and will satisty a high prbrity need. and recreation element of Per Capita Procedural Guide 24 c. pfofedcosts The Grant monies to be lKavided to the Grantea under this Contrad may be disbursed =follows: 1. If the Project indudes Acquisition of real property, the State rn& dkburseto the Grantee the grant monies as follows, but not to exceed, in any event, the total Sate Grant Amount set forVlonpagelofthiiConbract: a. b. Up toe ten percent advance ofthe total PmjecA Grant Amount After the property is in escrow, the Grantee may request up to 80% of the Project Grant Amount as specified in the approved Application, or 100% of the actual Acquisition cost. whichever is less. The Grantee shall immediately place these funds in escrow. c. Remaining Fmjecl grant funds shall be paid uptothe ammt d the grant or the actual fhject cost, whichever is less. m completion ofthe Project and receipt of a detailed summaryof Project costs from the Grantee. 2. Ifthe proiect indudes Developmenfthe State may disburse tothe Grantee the grant monies as follows, but not to exceed in any event the totat state Grant Amount set forth on page 1 of thisconbact a. Up to a ten percent advance dthe total Project Grant Amount fwce accwnt, up to eighty percent ofthe btal Pmject Grant Amount, M the actual cost, whichever is less. Remaining Project grantfundsshall be paid up to the amount ofthe grant of the , amal Project cost, whichever is less, on completion of he Project and receipt of a detailed summary of Rojectcosts ftom the Grantee. b. OnprooCdawarddaconstnrclian~orcommencementdconstnrcbon ‘by c. 0. ProjectAdministration 1. The Grantee shall promptly submiit witten project reports as the State may request In any event, the Granteeshalt prwklethe State a repod showing total final Project expendires. The Grantee shall make praperty and fadlii acquired or devebped pursuant to this Contractavaibbkforimpection upon request by the State. The Grantee shall use any monies advanced bythe State under the temw dWi conbac( solely for the Project herein desaibed. If grant monies are advanced, the Grantee shall place these monies in a separate interest bearing account, setting up and idenairying such account prior to the advance. Interest earned on grant monies shall be used on the Projector paid to the State. If grant monies are advanced and not expended, the unused portion of the gant shall be returned tothe State within 80 days of completion afthe proiect or end of the Pruject Performance Period, whichever is earlier. The Grantee shall use income earned by the Grantee frwn use ofthe wed to futther Projed related purposes, or, if approved by the State, for related purposes within the Grantee’s jurisdiction. 2. 3. 4. 5. Per Capita Procedural Guide 25 A E, PmjectTetmination 1. The Grantee may urilaterally rescind this Contract at any he prior to the commencement of the Project. After Project commencement this Contrad may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the State. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Act may be cause for suspension of an Failure by the Grantee to comply with the terms ofthis conb.actshall not be cause forthe suspension of ai obliations of the State bereunder if in the judgment of the State such failure was due to no fault of the Grantee. In such case, any amount required to settle at rnmmwn COa any irre~cable oMgatbm property incurred shall be eligible for teimbwsement underthis conlrad Because the benefit to be derived bythe State, from the full compliance bythe Grantee with the tms ofthis contrad, is the presenration, protectbn and net.hcrease in the quantityand quality of parks, public recmahl fadi and/or historical resources available to the people of the State of California and because such benefit exceeds to an .mnwapurable and unascertainable extent, the amount of mey furnished by the State by way of grant monk under the provisii of this Conbad, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amaunt of the grant monies dsbwsed under this Contract by the State would be in- compensation to the State for any breach by the Grantee of this COntFad The Grantee further agrees therefore, that the appmpriate remedy in the event of a beach bythe Grantee of Ut& Contradshel be the specific performance ofthis Contract. unless dhenmse * agreedto by the State. The Grantee and the State agree that if the Ro$d includes Development, Rnal payment 2. of the State hereunder. 3. 4. 5. may not be made until the projedcoldwms substantiauytothis centrad F. Hdd Harmless 4. The Grantee shall waive allclaims and fecouse againstthe State indudingthe rightto conbibution for loss or damage to pe~sons or property arising from, growing out of, or in any sole negligence ofthe State, its officers, agents, and empbyees. The Grantee shall indemnify, how harmleas and defend the State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liebl#ty costs arisingoutofthe Acquisition, Wopment,constnrctl 'on, operation or maintenance of the property described as the proliect which claim, demands or causes of adion arise under wvernment Code Section 895.2 or othawise except for liability arising out of the concurrent or sole negligence of the State, h officers, agents, or employees. The Grantee agreesthat Inthe event the State is named 8s codefendant under the prwisiof Government Co&Section 895et seq., the Grantee shall notify be State of such fad and shall representthe State in the tegd adion unlessthe State umlertakesto represent itself as codefendant in such legal action in which eventthe State shall bear its own Migabon costs, expenses, and attorney's fees. The Grantee and the State agree that in the event of 8 judgment embred agdnst the State and the Grantee because of the comment negligence of the State and the Grantee, their officers, agents, or employees, an epportionment of liabilii to pay such went shall be made by a court of competed jurisdiction. Neither party shall reqwst a jury apportiwrrnent. way connected with or incident tothis con- exceptdaimsarising from the concurrent or 2. 3. 4. Per Capita Procedural Guide 26 5. The Grantee shall indemnify, hold harmless and defend the State, its afficers. agents and employees against any 8nd an dalms, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges that it is solely responsiMe for compliance with items to which it has Certified. 1 G. FinancialRecords 1. The GranteeshaHmaintamsawadwyfinandal accwnts, doannentsd recordsfam years fdkwing Pq'ect WminaWn - orcompletion. Project and to make them available to the Sate for auditing at reasonable times. The Grantee also agrees to retain such financiai acoounts, documents and recocds for three +he Grantee and the State agree that during regular offiihourseach ofthe parties hemto and thek duly avthorized repres8ntatives slml trave the right to inspect and make copies of any books, ds or reports ofthe other partyperEaini to this contract or matters related thereto. The Grantee shall maintain and make available for inspection by the State amrate records of all of its costs, disbursements and receipts with respect toits activities undetthls contract. 2 The Granteeshd usea gmwdlyacceptd accounting system. 1. The Grantee agrees that the Grantee shall use the property acquired or developed with grant monies under this Contract only for the purposes for which the State Project Grant monies were requested and no other use of the area shall be permMed except by specific act of the Legislature. The Grantee shall maintain and operate 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 ofthe Project. as determined by the State. 2. 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin. age. religion. ancestry, sexual orientation, 01 disability in the use of any property or Wlity acquired or developed pursuant to this Contract. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Project Contract or under provisions of the enabling legislation andtor program. 2. 3. The Application and any subsequent change oraddltion apprwed by the State is hereby incorporated in this htract 88 though set forth in full hr this w. Per Capita Procedural Guide 27 rn If any provision ofthis Contract or the appliitkeofis held kwali, that invalidity shaU not affect other provisions or awkations of the Conbact which can be given effect without the kwalid provision or application. and to this end the provisions of this centrad are severable. Per Capita Procedural Guide 28