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HomeMy WebLinkAbout2004-10-12; City Council; 17833; Proposition 40 grant fundingP w U 6 4 e .. 2 P l- o 4 d 0 z 3 0 o TITLE: AB# 17,833 - DEpT. MTG. 10/12/04 UNDER PROPOSITION 40 -THE CALIFORNIA CLEAN AUTHORIZATION TO APPLY FOR GRANT FUNDING WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 DEPT. HD- ATvfl, MGab RECOMMENDED ACTION: Adopt Resolution No. 2004-328 and Resolution No. 2004-329 which respectively grant approval for the Clty of Carlsbad to apply for available funding under the Per Capita and Roberti - Z’Berg - Harris programs authorized by Proposition 40 and appoint the City Manager to act as the City’s authorized representative in the execution of the Grant Contract documents. ITEM EXPLANATION: In March 2002, the California voters approved Proposition 40, “The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002” which is intended to acquire and develop properties of the state park system, develop neighborhood, community and regional parks and recreational areas for land, air, and water conservation programs, including acquisition for those purposes, and to acquire, restore, preserve and interpret California’s historical and cultural resources. 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 program. Because each program is per capita based, the City of Carlsbad receives a predetermined amount of grant funding based upon the population when the proposition was approved. Once the City enters into a grant contract with the State, grant funding can then be applied to qualifying projects. On January 21, 2003, the City Council authorized the use of available funding allocated under both the Proposition 12 and Proposition 40 Park Bond Acts of 2000 and 2002 respectively, be applied to the development of the Pine Avenue Community Park. Currently, the City of Carlsbad and the State of California Department of Parks and Recreation have a Grant Contract which has encumbered available funding under Proposition 12 in the following amounts; 0 Per Capita Program Grant - $744,000 0 Roberti - ZBerg - Harris Program Grant* - $238,754 (Requires a 70% - 30% local match of approximately $71,600) 0 Total Funding from Proposition 12 = $982,754 If Council concurs with the attached Resolutions, the following funding amounts associated with Proposition 40 will also be encumbered and available for use in developing the Pine Avenue Community Park. The funding amounts are; 0 Per Capita Program $387,000 0 Roberti - Z’Berg - Harris* - $238,292 (No matching requirement) 0 Total Funding from Proposition 40 = $625,292 AB# 17,833 Page 2 I In order to receive grant funds under Proposition 40, the City is required to execute a contract with the State of California, Department of Parks and Recreation, who administers the grant program. All projects eligible for funding under the two grant programs must be completed no later than June 30, 2011. As stated previously, the City Council has earmarked these funds for the construction of phase 1 Pine Avenue Community Park which is anticipated to be completed by June 2006. The attached 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. FISCAL IMPACT: Although there is no direct fiscal impact at this time, Carlsbad will realize $625,292 in funding from PToposition 40. In total, Carlsbad will obtain $1,608,000 in grant funding from Propositkn 12 and Proposition 40 to be used for the construction of Pine Avenue Park. EXH IBlTS : 1. Resolution No. 2004-328 2. Proposition 40 Per Capita Grant Contract 3. Resolution No. 2004-329 4. Proposition 40 Roberti-Z‘Berg-Harris Grant Contract DEPARTMENT CONTACT: Keith Beverly, (760) 434-2827, kbeve@ci.carlsbad.ca.us 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-328 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 CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the applicants governing body to certify by resolution the approval of the Applicant to apply for the Per Capita allocation; and WHEREAS, the Applicant will enter into a contract with the State of California. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. 2. 3. 4. 5. That the above recitations are true and correct. That the City Council approves the filing of an Application for local assistance funds from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; and That the City Council certifies that the City has or will have sufficient funds to operate and maintain the project; and That the City Council certifies that the Applicant has reviewed, understands and agrees to the general provisions contained in the Grant Contract shown in the Procedural Guide attached as Exhibit 2 to Agenda Bill No. 17,833 ; and That the City Council appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests, etc., which may be necessary for the completion of the project. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th day of October ,2004 by the following vote, to wit: AYES: Council Members Lewis, la, Kulchin, Hall, and Packard NOES: None ABSENT: None AlTEST: (SEAL) Karen R. Kundtz, Assistant City Clerk Y State of California - The Resources Agency Department of Parks and Recreation GRANT CONTRACT 2002 Resources Bond Act PER CAPITA GRANT PROGRAM GRANTEE CITY OF CARLSBAD PROJECT PERFORMANCE PERIOD is from Julv 1,2003 through June 30.201 1 The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation pursuant to the Per Capita Grant program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the project(s) up to the total State grant amount indicated THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD, COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES. Total State Grant Amount not to exceed $ 387,000 The General and Special Provisions attached are made a part of and incorporated into the Contract. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION BY Date Date BY KEITH BEVERLY Title SENIOR MANAGEMENT ANALYST Date I hereby certify that the Grantee has met, or will meet, all federal, state and local environmental, public health, relocation, affirmative action, and clearinghouse requirements and all other appropriate codes, laws, and regulations prior to the expenditure of the grant funds. [Public Resources Code 5626(d)] CERTIFICATION OF FUNDING (For State Use Only) ! I i CONTRACT NUMBER I FUND i i APPROPRIATION i. .............. .................................................. . ~ -. ~ .......... I I-_._ ........... ~ ~ + i ; ADJ, DE R.EAsiN.G~E.Ncu..MB~.NcE $ .hTEMcAL37”AFs..vEN-66R ” MB E -1 I AMOUNT OF ESTIMATE $ ’ ADJ. INCREASING ENCUMBRANCE $ p ~ ! ....... ............. I ! 1 LINE ITEM ALLOTMENT / CHAPTER 1 STATUTE 1 FISCALYEAR .......................................................................................................................... ../ . .................................... .............................................. 1.. ..................................... .....: .................................. j CUMBERED BALANCE l”””””””.”””””” ~ ........................................................................ .............................................................. I ....... ........................................... ~ ................. 1 ........................ 1 1 i i i I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. 1 I i T.B.A. NO. i B.R. NO. i INDEX i 0BJ.EXPEND i .................................................................... i ... ................................... i ........ I ......... i ........... .I__.._. i .................................................................................... ! i t ........................... ................... ... ......................... .......................... ............................................................................................. __” .... .i I I DATE I i SIGNATURE OF ACCOUNTING OFFICER Administrative Standards 15 EXHIBIT 2 I Grant Contract Special Provisions General Provisions A. Definitions 1. The term "Act" as used herein means the Appropriation for the Program. 2. The term "Application" as used herein means the individual Application and its required 'attachments for grants pursuant to the enabling legislation andlor Program. 3. The term "Acquisition" means to obtain fee tile or a lesser interest in real property, including s~cally, a conservation easement or development rights. 4. 5. T98@rm "Department" means the California Department of Parks and Recreation. w$erm "Development" means including. but not limited to, improvement, rehabilitation, &&hion, enhancement, Preservation, protection, and interpretation. Resources Bond Act of 2002 funds may only be used for Capital Improvement. 6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Cmct. The term "Project" 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 Department of Parks and Recreation. . pf ' B. Project&cecution 1. Subject to the availabili 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. Thdkrantee shall assume any obligation to fumish 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 Performance set fortti on page 1, and under the terms and conditions of this Contract. 3. Thekrantee shall comply as lead agency with the California Environmental Quality Act (Public Resources Code, Section 21 000, et. seq., Title 14, California Code of Reaulations, Section 15000 et. seq.). 4. The Grantee shall comply with all applicabie current laws and regulations affecting Development Projects, including, but not limited to, legal requirements for construction Contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities. 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. 2002 Per Capita Procedural Guide 19 C. 7. If the Project includes Acquisition of real property, the Grantee agmx to comply with all applicable state and local laws or ordinances affecting relocation acrf real property Acquisition. 8. The Grantee shall provide for public access to Project facilities in acwdance with the intent and provisions of the enabling legislation and/or Program. 9. Grantees shall have (1) fee tile, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the State that the proposed Projfct will provide public benefits that are commensurate with the type and duration of the ii Asrest in land, as determined by the State, that is held by the Grantee. 10. The Grantee shall maintain and operate the property funded for a period that is commensurate with the type of Project and the proportion of state tiinds 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 responsibiNy 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 tise or sale or other disposition of the property, except as authorized by specific Act of the Legislature. The agreements specified in this section shall not prevent the transfer oi 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 USP that is not permitted by the category from which the grant funds were appropriated, or if the: property is sold or othewise 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 oth% disposition, whichever is greater, shall be used by the Grantee for a purpose authorized by !hat 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 purposs authorized by that category. If the property sold or otherwise disposed of is less that! the entire interest in the property funded with the grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest Salidq or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purposs 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 svailable for appropriation by the Legislature only for a use authorized by that category. 11. Lands or interests in land acquired with grant funds shall be acquired from a willing seller. 12. 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 appropriate planning dowment, as the case may be, and will satisfy a high priority need. Project Costs The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows: 1. If the Project indudes Acquisition of real property, the State may disburse to the Grantee the grant monies as follows, but not to exceed, in any event, the total Projsct Grant Amount set forth on page 1 of this Contract: a. Up to a 10% advance of the total Project 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 Application. The Grantee shall immediately place these funds in escrow. 2002 Per Capita Procedural Guide 20 7 8 .c .* *> The 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 total Project Grant Amount set forth of page 1 of this Contract: a. Up to a 10% advance of the total Project Grant amount. b. On proof of award of a construction Contract or cornmencement of construction by Force Account, up to 800h of the total Project Grant Amount, not to exceed 80% of the total dollar -amount of any or all awarded construction contracts. 3. The remaining grant funds shaU be paid up to the amount of the grant or the actual Project cost, whiiever is less, on completion of the Project and receipt of a detailed summary of Project cods from the Grantee. -1 D. Pmjed Administration 1. 2. 3. 4. 5. 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. The'Grantee shall make property and fadlilies developed pursuant to this Contract available for inspection upon request by the State. ,I The Grantee shall use any monies 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 these monies in a separate interest bearing account, setting up and identifying such account prior to the advance. Interest eamed on grant monies shall be used on the Project, as approved by the State. If grant monies are advhnced and not expended, the unused portion of the grant shall be returned to the State within 60 xiays of completion of the Project or end of the Project Performance Period, whichever is earlier. The Grantee shall use income eamed 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. E. Projed Termination 1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be available for Appropriation by the Legislature for one or more of the local assistance programs that the Legislature determines to be the highest priority statewide. 2. 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. 3. 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. However, such failure 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 minimum cost any irrevocable obligations properly incud shall be eligible for ieimbursement under this Contract. 4. Because the benefl 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 California and because such benefii exceeds to an immeasurable and unascertainable 2002 Per Capita Procedural Guide 21 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 othetwise 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 conforms substantially to this Contract. F. 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 daims 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 daims, 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 othewise 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 provisions of Government Code Section 895 et. seq., the Grantee shall notii the State of such fact and shall represent the State in the legal action unless the State undertakes to rspresent itself as codefendant in such legal adion in which event the State shall bear its own litigation costs, expenses, and attorney's fees. 4. The Grantee and the State agree that in the event of judgment entetwj 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 court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all daims, 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 make them available to the State for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and recolrds 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 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, disbursements and receipts with respect to its activities under this Contract. 2. The Grantee shall use a generally accepted accounting system. H. Use of Facilities 2002 Per Capita Procedural Guide 22 1. The Grantee agrees that the Grantee shall use the property 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 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 property or facility 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 and/or Program. J. Application Incorporation The Application and any subsequent change or addlion approved by the State is hereby incorporated in this Contract as though set forth in full in this Contract. K. Severability 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 prnvision or Application, and to this end the provisions of this Contract are severable. 2002 Per Capita Procedural Guide 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2004-329 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE CITY TO HARRIS BLOCK GRANT PROGRAM UNDER THE CALIFORNIA CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002. APPLY FOR GRANT FUNDS FOR THE ROBERTI-Z’BERG WHEREAS, the people of the State of California have enacted the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, which provides funds for the Roberti- Z’Berg-Harris Block Grant program for grants to eligible applicants; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of program within the State, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Carlsbad City Council to certify by resolution the approval of the City of Carlsbad to apply for the Roberti-Z’Berg-Harris allocation; and WHEREAS, the City of Carlsbad will enter into a contract with the State of California for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California: 1. 2. 3. 4. 5. That the above recitations are true and correct. That the City of Carlsbad approves the filing of an Application for local assistance funds from the Roberti-Z’Berg-Harris Block Grant program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; and That the City Council certifies that it has or will have sufficient funds to operate and maintain the project; and 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 4 to Agenda Bill No. 17,833 ;and That the City Council certifies that the project conforms to the Parks and Recreation Element of the City’s General Plan; and 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 1t li 14 15 2c 21 22 23 24 2f 2t 2; 21 6. The City Council appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests, etc., which may be necessary for the completion of the project. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 12th day of October ,2004 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Kulchin, Hall, and Packard NOES: None ABSENT: None ATTEST (SEAL) Karen R. Kundtz, Assistant City Clerk 1’1 State of California - The Resources Agency Department of Parks and Recreation GRANT CONTRACT 2002 Resources Bond Act ROBERTI-Z'BERG-HARRIS BLOCK GRANT PROGRAM GRANTEE CITY OF CARLSBAD PROJECT PERFORMANCE PERIOD is from Julv 1, 2003 through June 30,201 1 The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation pursuant to the Roberti-Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the Project(s) up to the total State Grant amount indicated. These funds are for 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 areas within each jurisdiction. Total State Grant Amount not to exceed $ 238,292 General and Special Provisions attached are e a part of and incorporated into the Contract. Title CITY MANAGER Date By KEITH BEVERLY Title SENIOR MANAGEMENT ANALYST STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION BY CT 1 5 2004 Date Date /O-/S--OLf I hereby certify that the Grantee has met, or will meet, all federal, state and local environmental, public health, relocation, affirmatwe action, and clearinghouse requirements and all other appropriate codes, laws, and regulations pnor to the expenditure of the grant funds 1 Date In!! 109 CERTIFICATION OF FUNDING (For State Use Only) AMOUNT OF ESTIMATE $ ' CONTRACT NUMBER ! FUND i i ....... ~ .......... ......... ~ ....... 1 ...... ~ ..... ~ ........ - " ......... "_ " ...... ~ ........................... i i ITEM CALSTARS VENDOR NUMBER I , SING ENCUMBRANCE $ ; APPROPRIATION .............. ........ ...... ........... .......... "_ " ~ ~ ~ ~ i " I ADJ. DECREASING ENCUMBRANCE $ i i i ... .................................. ................................. .............,..... _. ....... ~ ... ~ - ...... / , STATUTE i FISCALYEAR ~ i LINE ITEM ALLOTMENT j CHAPTER j j UNENCUMBERED BALANCE I T.B.A. NO. ; . j .................................................. ; j ._._ ! ._._._ ................................................... i 1 i INDEX 1 PCA / 0BJ.EXPEND , B.R. NO. i ........ ~ ..... ; . .... : -. ..................... " i .! ..................... ; y certify upon my personal knowledge that budgeted funds are available for this encumbrance. i ............... . ........ ...................... .......... ..... ..... ........................................ .......... ..................... _.._. ~ ~ ~ ." " ...._l.-.llll.l_-..-_l.__I.- " ~ " ~ ~ I 1 SIGNATURE OF ACCOUNTING OFFICER j DATE Administrative Standards 15 EXHIBIT 4 Grant Contract Special Provisions General Provisions A. Definitions 1. The term "Acr' as used herein means the Appropriation for the Program. 2. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation andlor Program. 3. The term "Acquisition" means to obtain fee title. or a lesser interest in real property, including specifically, a conservation easement or development rights. 4. The term "Department" means the California Department of Parks and Recreation. 5. The term "Developmenr means including, but not limited to, improvement, Rehabilitation, restoration, enhancement, Preservation, protection, and interpretation. Bond Act funds may only be used for Capital Improvement. 6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. The term "Project" 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 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 of this Contract, in consideration of, and on condition that, the sum be expended in canying out the purposes as set forth in the Description of Project on page 1 of this Contract, and under the terms and conditions set forth in this Contract. 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 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. The Grantee shall comply with all 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 laws and codes pertaining to individuals with disabilities. 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. 2002 RZH Block Grant Procedural Guide 24 14 C. 6. Prior tb 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. Changes in the Project Scope must be approved in writing by the State and must meet the exact need described in the original Project Application. 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 property Acquisition. 8. The Grantee shall provide for public access to Project facilities in accordance with the intent and provisions of the enabling legislation andlor Program. 9. 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 duration of the interest in land, as determined by the State, that is held by the Grantee. 10. The Grantee shall maintain and operate the property funded for a period that is commensurate with the type of Project and the proportion of state funds 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 specific 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 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 equal to either the proceeds from the sale or other disposition 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 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. 11. Lands or interests in land acquired with grant funds shall be acquired from a willing seller. 12. 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 appropriate planning document, as the case may be and will satisfy a high priority need. Project Costs The Grant monies to be provided to the 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 total State grant amount set forth on page 1 of this Contract: 2002 RZH Block Grant Procedural Guide 25 a. Up to a 10% advance of the total Project Amount b. After the property is in escrow, the Grantee may request up to 80% of the total 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. The 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 total Project Grant Amount set forth on page 1 of this Contract: a. Up to a 10% 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 80% of the total Project Grant Amount, not to exceed 80% of the total dollar amount of any or all awarded construction contracts. c. The 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. Project Administration D. 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. 2. The Grantee shall make property and facilities 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 bearing account, setting up and identifying such account prior to the advance. Interest earned on grant monies shall be used on the Project, as approved by 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, as shown on the signature page, 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. E. Project Termination 1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be available for Appropriation by the Legislature for one or more of the local assistance programs that the Legislature determines to be the highest priority statewide. 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. 2. 2002 RZH Block Grant Procedural Guide 26 3. 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. However, such failure 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 minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Contract. 4. Because the benefit 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 California and because such benefit 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. 5. 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. F. 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. 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. The Grantee and the State agree that in the event of 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 court of competent Jurisdiction. Neither party shall request a jury apportionment. 4. 5. The Grantee shall indemnify, hold hamless 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 2002 RZH Block Grant Procedural Guide 27 17 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 final payment. The Grantee and the State agree that during regular offtce 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, disbursements and receipts with respect 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 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 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 ir, the use of any property or facility 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. 2. 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 and/or 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 K. Severability 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. 2002 RZH Block Grant Procedural Guide 28