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HomeMy WebLinkAboutState Dept Parks & Recreation; 2003-01-30; (2),-u4-LuuJ 1ur. IU*W flll I I cm iiw .. -I -. .I bmk ol camamu - Tnm Remumu Apmnor Dapamnenr of Park and Recreation GRANT CONTRACT Robertl-Z’Berg-Harris Urban Open Space and Rscremtlon Grant Program (BLOCK GRANTS) -I-____ GRANTEE __- City of Carlsbad THE PROJECT PERFORMANCE PERIOD is from Julv 1,2001 through June 30,2009 The Grantso agraes la the terms and condINons of this Conltld, and the Sblm of CaWbrnia. achg through its OCeclor of Parka end Rocrealion pmuant to the RobortW‘berQ-Harris Urbnn Open Spacm and Rweation Program ACL and the Safe Neighborhood Parks. Cban Water. Clean Alr, and coastal( Protectton Band Act d 2000, agr.as to fund \ha Prajoctb) up to the total State Grant Amount indkaled. THESE FUNDS ARE FOR THE ACQUISITION AND/OR DEVELOPMENT OF HIGH PRIORITY PROJECTS THAT SATISFY THE MOST URGENT PARK AND RECREATION NEEDS, WITH EMPHASIS ON UNMET NEEDS IN THE MOST HEAVILY POPULATED AND MOST ECONOMICALLY DISADVANTAGED AREA5 WITHIN EACH JURISDICTION. Total State Grant Amount not to exceed $ 238 I 74 5- (or 70 percent of all Projects cost) The Genenil and Speclal Provlslona attached are made a part of and lncorpomted into the Contract. -. Ti#e City Manaqer STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Dab J4N 2 7 2003 Title Sr. Management Analyst BY . ..”-.-*-.-- E~ Keith Beverly Date /A U Date I hrmby crrUty th8t thm Gmnmn has met, or urln mmot. a1 kdeml. sum and lacat environmental, puWo hoalth. relocalion. rfllnnrtlvr rotion, and clearlnghouae mquiromerm end all othor sppmpmlm codes. Iscwr, and ngulationm prior rn ha expenditure of thn gnnr funda. (Pirelo Rmsourcaa Code 5626(d) //ad63 Date S1gn.d (Signad - Legal Counsel for Gmnrw) .~ ____ . . -- CERTIFICATION OF FUNDING (For state US~ Only) FUND Bond Act of 2000 - APPROPRL4TION ---. . FISCAL YEAR 1 2002/03 2001 CHAPTER I 3790-101 -OaOS( I)@) 1 106 OBJ. EXPEND PCA. PROJECT^ WORK PHASE. 1 702 64014 for chis encumbinco. ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATfON PROGRAM ACT A. B. Project Contract Special Provlslons General Provisions Definitions 1. 2. 3. 4. 5. 6. 7. The term "Acquisition" 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 term "Act" as used hereln means the Appropriation for the Program. The term "Application" as used herein means the individual Application and its requtred 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 facllitles or Renovation or addltlons to existing facilities. The term "Grantee" a8 used herein means the party described as Grantee on Page 1 of this Contract. The term "Project" as used herein means the Project described on Page 1 of thls Contract. The term "State" as used herein means the State of California Department of Parks and Recreation. Project Execution 1. Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a sum of money (grant monies) 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 condltlons set forth in this Contract. The Grantee agrees to fumlsh at least thirty (30) percent of the total cost of the Project unless waived per the procedures stated in the current State Procedural Gulde for the Roberti-Z'berg-Harris Urban Open Space and Recreation Program Act and shall assume any obligation to furnlsh any additional funds that may be necessary to complete the Project. Any modification or alteration in the Project as set forth In the ApplIcatian on file with the State must be submitted to the State for approval. The Grantee shall complete the Project in accordance with the time of Project Performance set forth on page 1, and under the terms and conditions of this Contract. The Grantee shall comply as lead agency with the Callfornia Environmental Quality Act (Public Resources Code, Section 21000, et. seq.; Title 14, Califo rnia Code of Reaulationg , Section 15000 et. seq.). If the Project includes Development. the Grantee shall comply with alt applicable current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and disabled access laws. The Grantee shall permit periodic Site visits, includlng a final inspection upon Project compfetion by the State, to determine if Development work is in accordance with the approved Project Scope. Prior to the cornmencement of any work, the Grantee agrees to submit any significant deviation from the original Project Scope in writing to the State for prior approval. 2, 3. 4. , 5. 6. e ZH Block (7101) Page 1 29 c. 7. 8. 9. 10. If the Project includes Acquisition of real property. the Grantee agrees to comply with all applicable state and local laws or ordinances affecting relocation and real property Acquisitlon. The Grantee shall provide for public access to Project facillties in accordance with the intent and provisions of the enabllng legislatlon andlor program. Pursuant to guidelines issued by the Secretary for Resources, all recipients of funding shall post signs acknowledging the source of funds. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duratlon of the interest in land, as deterrnfned by the State, that Is held by the Grantee. The Grantee shall maintain and operate the property funded pursuant to Section 5096.343 @)(I) of them Resources Code for a period that is commensurate with the type of Project and the proportion of state funds and local matching funds or property allocated to the capital costs of the Project. With the approval of the State, the , Grantee, or the Grantee's successor in interest In the property, may transfer the responsibility to maintain and operate the property In accordance 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 specMc act of the Legislature. The agreements specified In this section shall not prevent the transfer of the property from the Grantee to a public agency, if the successor public agency assumes the obligations imposed by those agreements. If the use of the property is changed to a use that is not permitted by the category from which the grant funds were appropriated, or if the property is sold or otherwise disposed 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 disposltion, whichever is greater, shall be used by the Grantee for a purpose authorbed by that category, pursuant to agreement with the State as specified In this sectlon. or shall be reimbursed to the fund and be available for appropriation by the Legislature only for 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 qual to either the proceeds from the sale or other dispositlon of the Interest or the fair market value of the Interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized by the category from which the funds were approprlated, pursuant to agreement with the State as specified in this sectlon, or shall be reimbursed to the fund and be available for approprlation by the Legislature only for a use authorized by that category. Lands acquired with funds from the Act shall be acquired from a wlliing seller of the land. The Application shall be accompanied by certiication from the Grantees' pfannlng agency that the Project for which the grant Is requested is consistent with the park and recreation element of the appllcable city or county general plan, the district park and recreation plan, or appropriate planning document, as the case may be and will satisfy a high priority need. 11. 12. 13. Project Costs The Grant monies to be provided Grantee under this Contract may be disbursed as follows: I. If the ProJect includes Acquisition of real property, the State may disburse to the Grantee the grant monies as follows, but not to exceed, in any event, the State Grant Amount set forth on page 1 of this Contract: a. Up to a ten percent advance of the total Project Grant Amount b. After the property is In escrow, the Grantee may request up to 80% of the Project Grant Amount as specified in the approved Appllcatlon, or 100% of the actual Acquisition cost, whichever Is less. The Grantee shall immediately place these funds m escrow. c. Remaining Project grant funds shall be paid up to the amount of the grant or the actual Project cost, whlchever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. If the Project includes Oevelopment, the State may disburse to the Grantee the grant monies as follows, but not to exceed in any event the State Grant Amount set forth of page 1 of this Contract: a. Up to a ten percent advance of the total Project Grant Amount. b. On proof of award of a construction contract or commencement of construction by Force Account, up to eighty percent of the total Project Grant Amount, or the actual cost, whichever is less. c. Remainlng Project grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. 2. 0 RZH Block (7/0?) Page 2 30 Project Administration 1. 2. 3, 4. The Grantee shall promptly submit written Project reports as the State may request. In any event the Grantee shall provide the State a repori showing total fhal Project expenditures. The Grantee shall make property and facilities acquired or developed pursuant to this Contract available for inspection upon request by the State. The Grantee shall use any monles advanced by the State under the terms of this Contract solely for the Project herein described. If grant monies are advanced, the Grantee shall place monies In a separate interest bearing account, setting up and identifying such account prior to the advance. Interest earned on grant monies shall be used on the Project or paid to the State. If grant monles are advanced and not expended, the unused portion of the Grant shall be returned to the State within 60 days of completron of the Project or end of the Project Performance Period, whichever is eartier. The Grantee shall use income earned by the Grantee from use of the Project to further Project purposes, or. if approved by the State, for related purposes within the Grantee's jurisdiction. 5. Project Termination 1. The Grantee may unilaterally rescind !his Contract at any time prior to the commencement of the Project. After Project commencement this Contract may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the St8te. 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 all obligations of the State hereunder. Failure by the Grantee lo comply with the terms of ti~ls Contract shall not be cause for the suspenslon of ell obligations of the State hereunder if in the judgment of the State such fallure was due to no fault of the Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligatlons properly incurred shall be eligible for reimbUrsement under this Contract. Because the benefit to be derived by the Statff, from the full compliance by the Grantee with the terms of this Contract, Is the preservation, protection and net increase in the quantlty and quality of parks, public recreation facilities and/or historlcal resources available to the people of the State of California and because such beneffl exceeds to an Immeasurable and unascertainable extent, the amount of money furnished by the State by way of grant monies under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant monies disbursed under this Contract by the State would be inadequate compensation to the State for any breach by the Grantee of this Contract. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State. The Grantee and the State agree that i# the Pro/eci lncludes Development, final payment may not be made until the Project conforms substantially to this Contract. 2. 3. 4. 5. Hold Harmless 1. The Grantee shall walve all claims and recourse against the State including the right to contrlbutbn for loss or damage to persons or property arislng from. growing out of or in any way connected with or incident to this Contract except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. The Grantee shall 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 Acquisitlon, Development, construction, operation or maintenance of the properly described as the Project which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise except for liabillty arising out of the concurrent or sole negligence of the State, its officers, agents, or employees. 2. @H Block (7101) Page 3 RWRbc.4 Gmd/3acedLva7/ GM@ 31 G. @* 1. J. K. 3. 4. 5. The Grantee agrees that in the event the State is named as codefendant under the provisions of Government Code Section 895 et. seq., the Grantee shatl notify the State of such fact and shall represent the Stale in the legal action unless the State undertakes to represent itself as codefendant in such legal action in whlch event the State shall bear Its own Ittigation costs, expenses, and attorney's fees. The Grantee and the State agree that in the event of judgment entered against the State and the Grantee because of the concurrent negllgence of the State and the Grantee, helr 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. The Grantee shall indemnify, hold harmless and defend the State, fts offkers, 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 Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to which It has certified. Flnancial Records 1. The Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records for three years following Project termination or completion. The Grantee and the State agree that during regular offlce 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 Contract or matters related thereto. The Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, dlsbursements and receipts with respect to its adivities under this Contract. The Grantee shall use a generally accepted accounting system. 2. Use of Facilities 1. The Grantee agrees that the Grantee shall use the property acquired or developed with grant monies under this Conkact only for the purposes for which the State grant monies were requested and no other use of the area shaH be permitted except by specific act of the Legislature. The Grantee shall maintain and operate the property acquired or developed for a p8rlOd commensurate with the type of.Project and the proportion of State grant funds and local funds allocated to the capital costs of the Project, as determined by the State. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, reltglon. ancestry, sexual orientation, or disability in the use of any property or facility 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 dlfferences in admission or other fees may be maintained on the basis of re$ld8nCe 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 andlor program. 2. . Nondiscrimination 1. 2. 3. Application Incorporation 1. Severability The Application and any subsequent change or addition approved by the State Is hereby incorporated in this Contract as though set forth In full in this Contract. 1. if any provlsion of this Contract or the Application thereof is held invalid, that invalidity shall not affect other provisions or applications of the Contract which can be given effect without the invalid provision or application, and to this end the provisions of this Contract are severable. 32