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HomeMy WebLinkAbout2003-01-14; City Council; 17031; Authorization To Apply For FundingCITY OF CARLSBAD --AGENDA BILL I AB# 17.031 DEPT.HD : AUTHORIZATION TO APPLY FOR MTG. 1-14-03 DEPT. Recreation CITY MGR- CLEAN AIR AND COASTAL PROTECTION BOND SAFE NEIGHBORHOOD PARKS, CLEAN WATER, ATTYp@/ GRANT FUNDING UNDER PROPOSITION 12 - ACT OF 2000 RECOMMENDED ACTION : Adopt Resolution No.zoo3-005 and Resolution No. 2003-006 which respectively grant approval for the City of Carlsbad to apply for available funding under the Per Capita and Roberti- ZBerg - Harris Programs authorized by Proposition 12 and appoint the City Manager to act as the City’s authorized representative in the execution of the grant contract documents. ITEM EXPLANATION : Proposition 12, the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 was approved by the California voters in March 2000. The purpose of the Bond Act was to expand the supply of lands and facilities for California’s growing population and its need for parks, open space, recreation and to protect wildlife habitat impacted by recent growth and development. Furthermore, its intent is to use General Obligation Bond Acts to build the State Parks System, protect the coast and accomplish land conservation. Although there were many competitive grant programs created and/or funded by this bond act, the two specific programs that are the subject of this Agenda Bill and accompanying Resolutions are the Per Capita and Roberti-ZBerg-Harris Grants. Each of these programs will provide the City of Carlsbad with guaranteed funding for qualifying projects based solely on the population residing within Carlsbad. Accordingly, the following grant amounts are available to the City once a formal project application is approved by the City Council and received and approved by the Office of Grants and Local Services, California Department of Parks and Recreation. The grants and funding amounts include: Per Capita Program Grant - $744,000 Roberti-ZBerg-Harris Program Grant* - $238,754 *(requires a 70% - 30% local match of approximately $71,600) In accordance with the grant requirements, grantees must have a fully executed contract for the Per Capita Program by June 30,2003 and by June 30,2004 for the Roberti-Z’Berg Program. The project performance period for the Per Capita and Roberti-ZBerg Program extends until June 30, 2008 and 2009 respectively. All projects must be completed not later than the performance period. The subject contract@) acknowledges the terms and conditions with respect to project execution and notifies the State Office of Grants and Local Service of Carlsbad’s intention to apply for available funding so that the Agency may encumber those funds for our use. Council action to approve the attached resolutions and contracts will enable grant funding for specific projects to be identified at a later date. .I AB# 17,031 Page 2 FISCAL IMPACT: There is no fiscal impact at this time. The total funding amount that Carlsbad will realize from these Proposition 12 Grant Programs for qualifying projects will be $982,754. At the time when a project application is submitted, the fiscal impact will detail the anticipated grant amount to be received, any required matching amount and an indication of staff time required to apply for and administer the grant. EXHIBITS: 1. Resolution 2003-005 2. Per Capita Grant Contract 3. Resolution 2003-006 4. Roberti-ZBerg-Harris Grant Contract a 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY TO APPLY FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 WHEREAS, the people of the State of California have established the Per Capita Grant Program which provides funds to meet the urgent need for safe, open and accessible local park and recreational facilities for increased recreational opportunities that provide positive alternatives to social problems; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program and setting up necessary procedures; and WHEREAS, the City of Carlsbad is eligible for the grant program; and WHEREAS, the procedures established by the California Department of Parks and Recreation require the City Council to certify by resolution its approval for the City to apply for the Per Capita Allocation; and WHEREAS, the procedures required the City to enter into a Grant Contract with the State of California; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California: 1. That the above recitations are true and correct. 2. That the City Council approves the filing of an Application for local assistance funds from the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. 3. That the City Council certifies that the City has or will have sufficient funds to operate and maintain the project(s). 4. That the City Council certifies that it has reviewed, understands and agrees to the General Provisions contained in the Grant Contract shown in the Procedural Guide and attached as Exhibit 2 to Agenda Bill No. 17.031 . 3 1 2 3 4 5 6 I 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 5. That the City Manager is authorized to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests and so on: which may be necessary for the administration of the Grant Program. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Citj Council held on the 14th day of JANUARY , 2003 by the following vote, tc wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard ATTEST Resolution NO. 2003-005 Page 2 of 2 -2- SDecial Provisions Grant Contract General Provisions A. Definitions 1. The term "Ad" as used herein means the Appropriation for the Program. 2. 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. 3. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation and/or program. 4. The term 'Development" as used herein means improvements to real property by construction of new facilities or renovation or additions to existing facilities. 5. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. 6. The term "Projed" as used herein means the Project described on page 1 of this Contract. 7. The term "State" as used herein means the State of California Deparbnent of Parks and Recreation. B. Project Execution 1. Subject to the availabilii 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 wt the purposes as set farul in the Description of Project on page 1, and under the terms and conddions set forth in this Contract. The Grantee shall 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. The Grantee shall complete the Project in accordance with the time of Project Petformance set forth on page 1, and under the terms and conditions of this Contract. 3. The Grantee shall comply as lead agency with the California Environmental Quality Act fPublic ses.) Resources Code, Section 21000, et. seq.; Title 14, California Code of Regulations, Section 15000 et. 4. If the Project includes Development, the Grantee shall comply with all applicable current laws and construction contracts. building codes, health and safety codes, and disabled access laws. regulations affecting Development Projects, including, but not limited to. legal requirements for 5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion by the State. to determine if Development work is in accordance with the approved Project Scope. 6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from the original Prom Scope in writing to the State for prior approval. 7. 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 pmperly Acquisition. - Per Capita Procedural Guide 23 8. The Grantee shall provide for public access to Project faciliies in accordance with the intent and provisions of the enabling legislation andor pmgram. 9. Pursuant to guidelines issued by the Secretary for Resources, all recipients of funding shall post signs acknowledging the source of funds. 10. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and that are commensurate with the type and duration of the interest in land, as determined by the demonstrate to the satisfaction of the State that the proposed Project will provide public benef~s 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 Resources Code for a period that is commensurate with the type of Project and the proportion of state funds or property allocated to the capital costs of the Project. W@h 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 act of the Legislature. The agreements specified in this section shall not prevent the transfer of make no other use or sale or other disposition of the property. except as authorized by specific 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 sold or otherwise disposed of, an amount equal to (1) the amount of the grant, (2) the fair market not permitted by the category from which the grant funds were appropriated. or if the property is greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to value of the real property, or (3) the proceeds from the sale or other disposition, whichever is available for Appropriation by the Legislature only for a purpose authorized by that category. If the agreement with the State as specified in this section, or shall be reimbursed to the fund and be the grant, an amount equal to either the proceeds from the sale or other disposition of the interest property sold or otherwise disposed of is less than the entire interest in the property funded with 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 appropriated, 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 for a use authorized by that category. 12. Lands acquired with funds from the Act shall be acquired from a willing seller of the land. 13. The Application shall be accompanied by certification from the Grantee's planning agency that the Project for which the grant is requested is consistent with the park and recreation element of the applicable city or county general plan, the District park and recreation plan, or the appropriate planning document. as the case may be, and will satisfy a high priority need. T Per Capita Procedural Guide 24 C. Project Costs The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows: 1. grant monies as follows. but not to exceed, in any event, the total State Grant Amount set If the Project indudes Acquisition of real property, the State may disburse to the Grantee the 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 Acquisition cost, whichever is less. The Grantee shall immediately place these Grant Amount as specified in the approved Application, or 100% of the actual funds in escrow. C. Remaining 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. If the Pmject includes Development, the State may disburse to the Grantee the grant monies as follows, but not to exceed in any event the total 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. On proof of award of a construction contract or canmencement of constrwtkm by force account, up to eighty percent of the total Project Grant Amount, or the actual cost. whichever is less. c. Remaining Project grant funds shall be paid up to the amount of the grant or the actual Project mst, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. D. Project Administration 1. The Grantee shall promptly submit witten Project reports as the State may request, In any event, the Grantee shall provide the State a report showing total final Project expenditures. 2. The Grantee shall make property and facilities acquired or developed pursuant to this Contract available for inspection upon request by the State. 3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely for the Project herein described. 4. If grant monies are advanced, the Grantee shall place these monies in a separate interest earned on grant monies shall be used on the Project or paid to the State. If grant monies bearing accwnt, setting up and identifying such account prior to the advance. Interest 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 wend of the Project Performance Period, whichever is earlier. 5. The Grantee shall use income earned by the Grantee from use of the Project to further Project related purposes, or, if approved by the State, for related purposes within the Grantee’s jurisdiction. Per Capita Procedural Guide 25 a E. Project Termination 1. The Grantee may unilaterally rescind this Contract at any time prior to the cmmencernent of the Project. After Prcject commencement this Contract may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the State. 2. the Act may be cause for suspension of all obligations of the State hereunder. Failure by the Grantee to comply with the terms ofthis Contract or any other Contract under 3. Failure by the Grantee to comply with the tens of this Contract 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 Grantee. In such case, any amount required to settle at reimbursement under this Contract. minimum cost any irrevocable obligations properly incurred shall be eligible for 4. Because the benefd to be derived by the State, from the full compliance by the Grantee with the terms of this Contract, is the preservation. protection and net increase in the quantity and quality of parks, public recreation facilities and/or historical resources available to the people of the State of Caliiornia and because such benetit exceeds to an immeasurable and unascertainable extent, the amwnt 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 amwnt 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. 5. The Grantee and the State agree that if the Project includes Development, final payment may not be made until the Project confms substantially to this Mct. F. Hold Harmless 1. The Grantee shall waive all claims and recwrse against the State including the rigM 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 Contract, except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. 2. 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 Acquisition, Development, constmction. 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. The Grantee agrees that in the event the State is named as codefendant under the such fact and shall represent the State in the legal action unless the State undertakes to provisions of Government Code Section 895 et. seq., the Grantee shall notify the State of own litigation costs. expenses, and attwnefs fees. represent itself as codefendant in such legal action in which event the State shall bear its 4. The Grantee and the State agree that in the event of a judgment entered against the State and the Grantee because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a cwrl of competent jurisdiction. Neither party shall request a jury apportionment. Per Capita Procedural Guide 26 5. The Grantee shall indemnify, hdd 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 Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. G. Financial 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 Pq’ect termination or completion. The Grantee and the State agree that during regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of thereto. The Grantee shall maintain and make available for inspectbn by the State accurate any bodts, records or reports of the other parly pertaining to this Contract or matters related records of all of its costs. disbursements and receipts with resped to its activities under this Contract. 2. The Grantee shall use a generally accepted accounting system. H. Use of Facilities 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 whch the State Project Grant act of the Legislature. monies were requested and no other use of the area shall be permitted except by specific 2. The Grantee shall maintain and operate the properly acquired or developed for a period funds allocated to the capital costs of the Project, as determined by the State. commensurate with the type of Project and the proportion of State grant funds and local I. Nondisuimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, col~. national origin, age. religion, ancestry, sexual orientation. or disability in the use of any property or facility acquired or developed pursuant to this Contract. 2. 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. 3. 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. J. Application Incorporation 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. Per Capita Procedural Guide 27 :T K. Severabilty s:.. If any provision of this Contract or the application thereof is held invalid, that invalidity shall the invalid provision or application, and to this end the provisions of this Contract are not affect other provisions or applications of the Contract which can be given effect without severable. Per Capita Procedural Guide 28 1 2 3 4 5 6 5 E s 10 11 12 13 14 15 16 17 1E 1s 2c 21 22 23 24 25 26 25 2E RESOLUTIONNO. 2003-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY TO APPLY RECREATION PROGRAM UNDER THE SAFE NEIGHBORHOOD FOR THE ROBERTI-Z’BERG-HARRIS URBAN OPEN SPACE AND PARKS, CLEAN WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 WHEREAS, the people of the State of California have enacted the Safe Neighborhood Parh, Clean Air, and Coastal Protection Bond Act of 2000 which provides for the Roberti-Z‘Berg-Hmis Open Space and Recreation Program; and WHEREAS, the Legislature of the State of California has established the Roberti-Z’Berg-Harris Open Space and Recreation Program, which provides funds to certain political subdivisions of the State of California for acquiring lands and for developing facilities to meet urban recreational needs; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, and setting up necessary procedures; and WHEREAS, the procedures established by the California Department of Parks and Recreation require the City Council to certify by resolution its approval for the City to apply for the Roberti-Z’Berg- Hams allocation; and WHEREAS, the City of Carlsbad is eligible for the grant program; and WHEREAS, the procedures require the City to enter into a Grant Contract with the State of California; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California; 1. That the above recitations are true and correct. 2. That the City Council approves the filing of an Application for local assistance funds fiom the Roberti-Z’Berg-Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000. 3. That the City Council certifies that the City has or will have sufficient funds to operate and maintain the project(s). 4. That the City Council certifies that it has reviewed, understands and agrees to the General Provisions contained in the Grant Contract shown in the Procedural Guide and attached as Exhibit 2 to Agenda Bill No. 17 I 031 I 1 L 4 t - I E 5 1C 11 12 13 14 15 16 17 18 19 20 2' 2: 2: 21 2: 2( 2 21 5. That the City Manager is authorized to conduct all negotiations, execute and submit al: documents including, but not limited to, applications, agreements, payment requests and so on, which may be necessary for administration of the Grant Program. PASSED, APPROVED AND ADOPTED at a regular meeting of the City of Carlsbad Cit). Council held on the 14th day of JANUARY , 2003 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard ATTEST: (SEAL) Resolution No. Page 2 of 2 2003-006 -2- ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM ACT Project Contract Special Provlsions General Provlsions A. Definitions 1. 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. 2. The term "Act" as used herein means the Appropriation for the Program. 3. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation andlor program. Renovation or additions to existing facilities. 4. The term "Development" as used herein means improvements to real properly by construction of new facilities or 5. The term "Grantee" as used herein means the party described as Grantee on Page 1 of this Contract. 6. The term "Project" as used herein means the Project described on Page 1 of this Contract. a 7. The term "State" as used herein means the State of California Department of Parks and Recreation. B. 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 conditions set forth In this Contract. The Grantee 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 Roberti-Z'berg-Harris Urban Open Space and complete the Project. Any modification or alteration in the Project as set forth in the Application on file with the Recreation Program Act and shall assume any obligation to furnish any additional funds that may be necessary to State must be submitted to the State for approval. 2. 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. 3. The Grantee shall comply as lead agency with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq.; Title 14, California Code of Reaulations, Section 15000 et. seq.). 4. If the Project includes Development. the Grantee shall comply with ail 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. 5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion by the State, to determine if Development work is in accordance with the approved Project Scope. 6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from the original Project Scope in writing to the State for prior approval. RZHB/occk Grant Pmedud Guide 29 7. If the Project includes Acquisition of real property. the Grantee agrees to comply with all applicable state and local 8. The Grantee shall provide for public access to Project facilities in accordance with the intent and provisions of the 9. Pursuant to guidelines issued by the Secretary for Resources, all recipients of funding shall post signs IO. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the laws or ordinances affecting relocation and real property Acquisition. enabling legislation andlor program. acknowledging the source of funds. satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land, as determined by the State, that is held by the Grantee. local matching funds or property allocated to the capital costs of the Project. With the approval of the State, the . Resources Code for a period that is commensurate with the type of Project and the proportion of state funds and operate the property in accordance with this section. The Grantee shall use the property only for the purposes for Grantee, or the Grantee's successor in interest in the properly, may transfer the responsibility to maintain and which the grant was made and shall make no other use or sale or other disposition of the property, except as transfer of the property from the Grantee to a public agency, if the successor public agency assumes the authorized by specific act of the Legislature. The agreements specified in this section shall not prevent 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 disposition, whichever is greater, shall be used by the Grantee for a purpose authorized 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 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 sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized by the equal to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest section, or shall be reimbursed to the fund and be available for appropriation by the Legislature only for a use category from which the funds were appropriated, pursuant to agreement with the State as specified in this authorized by that category. 11. The Grantee shall maintain and operate the property funded pursuant to Section 5096.343 (a)(l) of thew 12. Lands acquired with funds from the Act shall be acquired from a willing seller of the land. 13. The Application shall be accompanied by certification from the Grantees' planning agency that the Project for general plan, the district park and recreation plan, or appropriate planning document, as the case may be and will which the grant is requested is consistent with the park and recreation element of the applicable city or county satisfy a high priority need. C. Project Costs The Grant monies to be provided Grantee under this Contract may be disbursed as follows: 1. 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 immediately place these funds in escrow. in the approved Application, or 100% of the actual Acquisition cost, whichever is less. The Grantee shall c. Remaining 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. If the Project includes Development, 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. whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. ' c. Remaining Project grant funds shall be paid up to the amount of the grant or the actual Project cost, 0 RZH Block (7101) Page 2 RZHHock Gmnf Pmedura/ Guide 30 F. Project Administration 1, The Grantee shall promptly submit written Project reports as the State may request. In any event the Grantee shall provide the State a report showing total final Project expenditures. inspection upon request by the State. 2. The Grantee shall make property and facilities acquired or developed pursuant to this Contract available for 3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely for the Project herein described. 4. 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 monies 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. 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. Project Termination 1. 2. 3. 4. 5. The Grantee may unilaterally rescind this 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 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 all obligations of the State hereunder. Failure by the Grantee to comply with the terms of this Contract shall not be cause for the suspension of all such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Grantee. In eligible for reimbursement under this Contract. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this facilities andlor historical resources available to the people of the State of California and because such benefit Contract, is the preservation, protection and net increase in the quantity and quality of parks, public recreation grant monies under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of exceeds to an immeasurable and unascertainable extent, the amount of money furnished by the State by way 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 if the Project includes Development. final payment may not be made until the Project conforms substantially to this Contract. Hold Harmless 1, The Grantee shall waive 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 Contract except claims arising from the concurrent or sole negligence of the State, its officers, agents, and employees. 2. 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 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. 0 ZH Block (7101) Page 3 RIXBlock GrantFmedura/ Gujde 31 3. 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 shall notify the State of such fact and shall represent the State in the legal action unless the State undertakes to represent itself as codefendant in such legal action in which event the State shall bear its own litigation costs, expenses, and attorney's fees. of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment jury apportionment. of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a 5. The Grantee shall indemnify, hold harmless and defend the State. its officers, agents and employees against any the Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with items to and all claims, demands, costs, expenses or liabilitycosts arising out of legal actions pursuant to items to which which it has certified. 4. The Grantee and the State agree that in the event of judgment entered against the State and the Grantee because G. Financial Records 1. The Grantee shall maintain satisfactory financial accounts. documents and records for the Project and to make lhem 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 office hours each of the parties hereto and their duly other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make available authorized representatives shall have the right to inspect and make copies of any books, records or reports of the for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Contract. 2. The Grantee shall use a generally accepted accounting system. . Use of Facilities 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 grant monies were requested and no other use of the area shall be permitted except by specific act of the Legislature. 2. 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 of the Project. as determined by the State. I. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry. sexual orientation, or disability In the use of any properly or facility acquired or developed pursuant to this Contract. 2. 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. 3. 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. J. Application Incorporation 1. The Application and any subsequent change or addition approved by the State is hereby incorporated in this K. Severability Contract as though set forth in full in this Contract. 1, If any provision 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. RZH Block (7101) Page 4 RZHBlock GraotProcedurai Guide 32