HomeMy WebLinkAbout2023-01-24; City Council; Resolution 2023-035RESOLUTION NO. 2023-035
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING APPLICATION FOR SPECIFIED GRANT FUNDS
FROM BUDGET ACT 2022/23 -CALIFORNIA STATE BUDGET SECTION
19.56(B)(l)(BA) $5,000,000 TO THE CITY OF CARLSBAD FOR CARLSBAD
VETERANS MEMORIAL PARK IMPROVEMENTS
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility
by the Legislature of the State of California for the administration of a grant to the City of Carlsbad,
setting up necessary procedures governing application(s); and
WHEREAS, said procedures established by the State Department of Parks and Recreation
require the applicant's Governing Body to certify by resolution the approval of project application
before submission of said application to the state; and
WHEREAS, the applicant will enter into a contract with the State of California to complete
project(s);
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Carlsbad, California,
hereby:
1.Approves the filing of project application for the specified grant project; and
2.Certifies that said applicant has or will have available, prior to commencement of the
project work utilizing specified grant funds, sufficient funds, including those provided
by this grant, to complete the project; and
3.Certifies that the applicant has reviewed, understands, and agrees to the General
Provisions contained in the contract shown in the Procedural Guide, attached hereto
as Attachment A; and
4.Delegates the authority to the City Manager, or designee to conduct all negotiations,
sign and submit all documents, including, but not limited to applications, agreements,
amendments, and payment requests, which may be necessary for the completion of
the project scope; and
5.Agrees to comply with all applicable federal, state and local laws, ordinances, rules,
regulations and guidelines.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of January, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder.
None.
None.
None.
KEITH BLACKBURN, Mayor C b"cJ?121m�
grsHERRY FREISINGER, City Clerk
(SEAL)
2022-23
Procedural Guide
for
Local Assistance Specified Grants – Capital
September 2022
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs”
Send Application and correspondence to your
Administrative Project Officer listed at: www.parks.ca.gov/grants/contacts
Mailing Address:
State of California Dept. of Parks and Recreation P.O. Box 942896 Floor 13 Sacramento, CA 94296-0001 Attn: Office of Grants and Local Services
www.parks.ca.gov/grants
Attachment A
GRANTEE SPECIFIED GRANT PROCEDURAL GUIDE - CAPITAL
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the
health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.
Office of Community Engagement Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing
diversity, fostering inclusivity, and delivering superior customer leadership through quality customer services.
The Office of Grants and Local Services (OGALS) Mission Statement
The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.
OGALS VISION GOALS
To Be:
A leader among park and recreation professionals.
Proactive in anticipating public park and recreation needs and how new legislation
and grant programs could best meet these needs.
Honest, knowledgeable, and experienced grant administration facilitators.
Sensitive to local concerns while mindful of prevailing laws, rules, and regulations.
Perceptive to opportunities for partnerships, growth and renewal where few existedbefore.
Committed to providing quality customer service in every interaction andtransaction.
Responsive to the needs of applicants, GRANTEES, nonprofit organizations, localgovernments, legislative members, and department employees.
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TABLE OF CONTENTS
I.INTRODUCTION ....................................................................................................... 4
II.GRANT PROCESS ................................................................................................... 4
Resolution Form......................................................................................................... 7
III.APPLICATION SECTION .......................................................................................... 8
APPLICATION PACKET checklist and directions.............................................................. 8
Additional Non-Profit Requirements ......................................................................... 10
Project Application Form .......................................................................................... 11
PROJECT SCOPE/Cost Estimate Form ........................... Error! Bookmark not defined.
Funding Sources Form ............................................................................................ 13
CEQA Compliance Certification Form ...................................................................... 14
Development Project Eligible Costs and Rules ........................................................ 15
Acquisition Projects .................................................................................................. 17
IV.CONTRACT SECTION ............................................................................................ 19
Grant Contract ......................................................................................................... 19
Status Report ........................................................................................................... 27
V.GRANT PAYMENT SECTION ................................................................................ 28
Payment Request Form ........................................................................................... 33
Grant Expenditure Form .......................................................................................... 35
Project Completion Packet ....................................................................................... 31
PROJECT COMPLETION Certification ............................................................................ 36
VI.ACCOUNTING AND AUDIT SECTION ................................................................... 37
Accounting Requirements ........................................................................................ 37
State Audit ............................................................................................................... 37
Audit Checklist ......................................................................................................... 38
VII.DEFINITIONS .......................................................................................................... 39 Words and terms shown in SMALL CAPS in this procedural guide are defined
beginning on page 39.
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I.Introduction
This specified grant originated from a line item in the State of California Budget for fiscal year 2022-23. A resolution is required before a CONTRACT will be issued, and an
approved APPLICATION PACKET is required before GRANT payments can be approved. The
GRANT PERFORMANCE PERIOD is July 1, 2022 – June 30, 2026.
1.Costs incurred before or after the GRANT PERFORMANCE PERIOD are not eligible forreimbursement.
2.Costs incurred after the APPROPRIATION DATE but before OGALS approves the
APPLICATION PACKET are eligible if they are consistent with the GRANT SCOPE
approved by OGALS and are ELIGIBLE COSTS.
II.Grant Process
Grant Process Key Dates
•Grant Performance Period: July 1, 2022 – June 30, 2026
•Resolution: Submit by December 31, 2023
•Contract: Sign and return by January 31, 2024
•Projects Complete by December 31, 2025
•Project Completion Packets: Submit by: January 31, 2026
Grant Process Detail
1.Resolution: APPLICANT sends resolution to OGALS by December 31, 2023, toallow approval within the CONTRACT ENCUMBRANCE PERIOD, which endsJune 30, 2024.
2.CONTRACT: OGALS sends CONTRACT to APPLICANT. APPLICANT becomes GRANTEEwhen CONTRACT is fully executed during CONTRACT ENCUMBRANCE PERIOD.
a. The CONTRACT section includes a sample contract and the contractprovisions.
b. The APPLICANT must return the CONTRACT signed by the AUTHORIZED
REPRESENTATIVE to OGALS no later than January 31, 2024. The APPLICANTbecomes a GRANTEE when the CONTRACT is signed by OGALS.
c.OGALS returns a copy of the fully executed CONTRACT to the GRANTEE.
3.APPLICATION PACKET(s): The GRANTEE defines the SCOPE(s) and amount of grantfunds needed for each PROJECT. As PROJECTS are identified, the GRANTEE
submits individual APPLICATION PACKET(s) to OGALS. OGALS reviews each
APPLICATION PACKET and sends a letter of approval to the GRANTEE or requestsadditional information.
After each PROJECT is approved by OGALS, OGALS will send a Status Report tothe GRANTEE approximately every six months until OGALS receives a PROJECT
COMPLETION PACKET. The GRANTEE must return the Status Report within thirty
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(30)days from receipt. Payment requests will not be processed if Status
Reports are overdue.
4.Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requestspayments for ELIGIBLE COSTS. OGALS recommends that GRANTEE provide all
PROJECT COMPLETION PACKET(S) no later than January 31, 2026. The grant
payments section provides payment request instructions and forms.
a. The GRANTEE may request payments after each PROJECT is approved by
OGALS. GRANT funds may only be expended on ELIGIBLE COSTS incurred withinthe GRANT PERFORMANCE PERIOD.
b. The GRANTEE completes PROJECT SCOPE(s) and sends PROJECT COMPLETION
PACKET(s) to OGALS no later than January 31, 2026.
c.The State of California receives a high volume of payment requests at theend of the fiscal year. If the PROJECT COMPLETION PACKET is received afterJanuary 31, 2026, OGALS cannot guarantee final payment by the State
Controller’s Office. If the State Controller’s Office is unable to process the
payment before the end of the GRANT PERFORMANCE PERIOD, the unpaidbalance of grant funds will revert to the Legislature.
d.OGALS processes the final payment request after each PROJECT is completeas documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as
verified by OGALS when conducting a site inspection.
5.Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEEis required to retain all PROJECT records for five years following receipt of thefinal GRANT payment. The Accounting and Audit Section provides directions and
an Audit Checklist for DPR audit and accounting requirements.
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Authorizing Resolution
GRANTEE passes one resolution approving the filing of all applications associated with the CONTRACT and forwards a copy to OGALS.
The Authorizing Resolution on the following page may be reformatted; however, the
language provided in the resolution must remain unchanged.
The Authorizing Resolution serves two purposes:
1.It is how the GRANTEE’S Governing Body agrees to the terms of the CONTRACT; itprovides confirmation that the GRANTEE has the funding to complete, operate andmaintain PROJECTS associated with the CONTRACT.
2.It designates a position title to represent the Governing Body on all matters
regarding PROJECTS associated with the CONTRACT. The incumbent in thisposition is referred to as the AUTHORIZED REPRESENTATIVE.
The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other individuals (by position title) either in entirety or for particular documents. The delegation process
requires the AUTHORIZED REPRESENTATIVE to submit a letter (on letterhead) or email to
OGALS delegating authority.
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Resolution Form
Resolution No: __________________
RESOLUTION OF THE ___________ (Title of Governing Body/City Council, Board of
Supervisors) OF ___________ (City, County, or District) APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS from Budget Act 2022/23 (Budget line item and language)
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the [grantee name], setting up necessary procedures governing application(s);
and
WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and
WHEREAS, the applicant will enter into a contract with the State of California to
complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the ___________ (grantee’s governing body) hereby:
1.Approves the filing of project application(s) for specified grant project(s); and
2.Certifies that said applicant has or will have available, prior to commencement of
project work utilizing specified grant funds, sufficient funds, including thoseprovided by this grant, to complete the project; and
3.Certifies that the applicant has or will provide sufficient funds to operate andmaintain the project(s); and
4.Certifies that the applicant has reviewed, understands, and agrees to the
Provisions contained in the contract in this Procedural Guide; and
5.Delegates the authority to the ___________ (designated position, not name ofperson occupying position), or designee to conduct all negotiations, sign andsubmit all documents, including, but not limited to applications, agreements,amendments, and payment requests, which may be necessary for the completion
of the project scope(s); and
6.Agrees to comply with all applicable federal, state and local laws, ordinances,rules, regulations and guidelines.
Approved and adopted the _____day of ______________, 20_______.
I, the undersigned, hereby certify that the foregoing Resolution Number_____ was duly
adopted by the ___________ (grantee’s governing body) following a roll call vote:
Ayes: Noes: Absent: __________________________
(Clerk)
1111
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III.APPLICATION SECTION
•GRANTEE may submit multiple APPLICATION PACKETS to OGALS.
•Provide the APPLICATION PACKET items in the order shown in the followingchecklist.
•Please number the pages.
•If a checklist item is not applicable to the PROJECT, provide a brief explanation.
•If an application item is incomplete send a draft with a timeline for completion.
Application packet checklist and directions
GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET.
An APPLICATION PACKET is not complete unless all items on the checklist are submitted. Each PROJECT requires its own APPLICATION PACKET. Check if included Check if not applicable Application Item Procedural Guide Page #
Check when signed by
AUTHORIZED
REPRESENTATIVE
Application Packet Page #
Application Packet Checklist
Digital file name: checklist.pdf Pg. 8 Pg._____
Application
Digital file name: application.pdf Pg. 11 Pg._____
Project Scope/Cost Estimate
Digital file name: costestimate.pdf Pg. 12 Pg._____
Funding Sources Form
Digital file name: fundingsources.pdf Pg. 13
CEQA Compliance Certification
Digital file name: ceqa.pdf Pg. 14 Pg._____
Acquisition Requirements
Digital file names: acqscope.pdf & acqdocs.pdf Pg. 17 Pg._____
Land Tenure documentation
Digital file names: ownership.pdf or nonownership.pdf
Pg. 9 Pg._____
Sub-Leases or Agreements
Digital file name: otheragreements.pdf Pg. 9 Pg._____
Site Plan
Digital file name: siteplan.pdf Pg. 9 Pg._____
PROJECT Location Map
Digital file name: map.pdf Pg. 9 Pg. _____
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Site Plan
•Provide a drawing showing where each feature and support amenity listed in theProject Scope/Cost Estimate Form will be located.
•Include the function and approximate square footage of each room withinbuildings that are part of the project SCOPE, and the approximate total squarefootage of the buildings.
Land Tenure and Site Control
If the property is owned in fee simple by the APPLICANT, provide one of the following:
•Deed or deed recordation number
•Title report
•Tract map (if owner’s name provided)If the property is not owned in fee simple, provide the lease, easement, joint powersagreement, etc.
Sub-leases or Agreements
Provide a list of all other leases, agreements, memoranda of understanding, etc.,
affecting PROJECT property or its operation and maintenance, or
California Environmental Quality Act (CEQA)
The APPLICANT should check with its local city or county planning agency for CEQA compliance information.
•If CEQA is complete: provide the CEQA Compliance Certification Form and itsrequired attachment, filed and stamped by the County Recorder.
•If CEQA is not complete: provide a timeline for completion and state “completing
CEQA is a Project Scope Item.”
PROJECT Location Map
Provide a map showing highway and street access to the PROJECT site.
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Additional Non-Profit Requirements
Fidelity Bond (For Non-profit grantees only)
Non-profit GRANTEES must provide a copy of a current Fidelity Bond policy to their
PROJECT OFFICERS before OGALS will approve any payment requests. The premium for a Fidelity Bond is an eligible cost.
A Fidelity Bond provides insurance covering fraudulent acts of GRANTEES’ employees, volunteers, officers, and directors. The GRANTEE is the insured party. DPR must be
named as a Third-Party Loss Payee. OGALS address is State of California, Dept. of
Parks and Recreation, P.O. Box 942896, Floor 13, Sacramento, CA 94296-0001, Attn: Office of Grants and Local Services.
Coverage must be at least equal to the GRANT amount. Fidelity Bond insurance must be kept current for at least six months after the date of the final GRANT payment.
GRANTEES may obtain the Fidelity Bond through a general liability carrier, a major
casualty insurance carrier, or a bonds specialty company. There are Fidelity Bond frequently asked questions available on the OGALS web site.
Competitive Solicitation Process (For non-profit grantees only)
1.Non-profit GRANTEE must attempt to obtain three bids for services greater than
$5,000 and for construction work greater than $25,000.
2.To ensure bidders understand the required PROJECT elements, the non-profit
GRANTEE provides each bidder (potential contractor) the same written invitation forbid describing the PROJECT work to be performed based on “Best Value” factors, and
the required PROJECT elements based on the Project Scope/Cost Estimate Form,
and concept level site plan.
3.Solicit bids by contacting at least three potential contractors or by invitation for bidsadvertising, or a combination of both methods.
The non-profit GRANTEE’s Board of Directors evaluates the bids to determine which
contractor will provide the “best value” and will meet PROJECT requirements. “Best
value” should be determined by price, quality of materials, equipment, andworkmanship. The evaluation process must ensure no conflict of interest betweenthe contractor and the non-profit GRANTEE’s Board of Directors. The non-profit
GRANTEE’s Board of Directors need not necessarily accept the lowest bid, but a
reasonable justification for the decision should be recorded in writing.
4.The Board of Directors selects a contractor and awards a contract.
5.For audit purposes, the GRANTEE keeps records of Steps 1 – 4 above.
Competitive Solicitation Requirement
The non-profit GRANTEE may request a waiver of the competitive solicitation process
requirement. To request a waiver, the GRANTEE must send a written request to the
PROJECT OFFICER assigned to the GRANT PROJECT and explain why a waiver is required.
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State of California – The Resources Agency DEPARTMENT OF PARKS AND RECREATION
Project Application Form PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS where
PROJECT is located (including zip code) (Use latitude and longitude if there is no street address)
LAND TENURE ( all that apply)
Owned in fee simple by APPLICANT
Available (or will be available) under
a _________year lease or easement
NEAREST CROSS STREET
COUNTY OF PROJECT LOCATION
APPLICANT NAME AND MAILING ADDRESS
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
___________________________________________________________________________________
Name (typed or printed) and Title Email address Phone
GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE)
___________________________________________________________________________________
Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Project Scope/Cost Estimate Form. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this
APPLICATION PACKET, including required attachments, is accurate.
____________________
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date
Print Name
Title
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Project Scope/Cost Estimate Form
GRANTEE: PROJECT Name
Grant Scope (Describe the project in 30 words or less):
GRANT SCOPE ITEMS ACQUISITION: List each parcel number, acreage, estimated date of purchase and cost. DEVELOPMENT: List each major project element and major support amenity. Estimated Cost
$
$
$
$
$
$
$
$
$
$
$
$
$
Total GRANT amount: $
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
The APPLICANT understands that this form will be used to establish ELIGIBLE COSTS, and that all of
the recreation features and support amenities listed on this form must be completed and open to
the public before the final PROJECT payment is processed as specified in the Final Payments section of this guide.
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State of California – The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Funding Sources
Grantee Name:_______________________________________
Project Name:________________________________________
PROJECTs funded by the program are not complete until all SCOPE items are complete and open to the public.
If Specified GRANT funds will be used as part of the funding for a larger project, briefly describe the scope of that larger project:
The total cost of the larger project that these GRANT funds will contribute to is $____________
Anticipated completion date: _________________
List all funds that will be used:
Funding source Date Committed Amount
State of California 2022-23 Budget Act July 1, 2022 $
I represent and warrant that I have fully authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this Funding Sources Form, and any accompanying documents, for
the above-mentioned grant is true and correct to the best of my knowledge.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
NOTE: Submit a revised Funding Sources Form should funding sources be modified.
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State of California – The Resources Agency DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification Form
GRANTEE:
Project Name:
Project Address:
Is CEQA complete? Yes No Is completing CEQA a PROJECT SCOPE item? Yes No
What document was filed, or is expected to be filed for this project’s CEQA analysis:
__________________________________
Date complete/expected to be completed: ___________________
Notice of Exemption (attach recorded copy if filed)
Notice of Determination (attach recorded copy if filed)
Other:
If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency.
Lead Agency Contact Information
Agency Name:
Contact Person:
Mailing Address:
Phone: ( ) Email:
Certification:
I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition.
I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
FOR OGALS USE ONLY CEQA Document Date Received PO Initials
NOE NOD
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Development Projects
Development Project Rules
1.Contracted work must comply with the provisions of §1771.5 of the State Labor Code.
2.GRANTEE must have adequate liability insurance, performance bond, or other securitynecessary to protect the State and GRANTEE’S interest against poor workmanship,fraud, or other potential loss associated with the completion of the PROJECT.
3.PROJECTS must be accessible, including an accessible path of travel to the PROJECT.
Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.
Eligible Pre-construction Costs – incurred prior to groundbreaking as determined
by the GRANTEE
•Public meetings, focus groups, design workshops
•Plans, specifications, construction documents, and cost estimates
•Permits
•CEQA and/or environmental review
•Bid preparation and packages
•IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
•GRANT/PROJECT administration and accounting prior to groundbreaking
Eligible Construction Costs – up to 100% of the PROJECT costs; incurred after
groundbreaking
•Construction – necessary labor and construction activities to complete the PROJECT,including site preparation (demolition, clearing and grubbing, excavation, grading),onsite implementation and construction supervision
•Equipment – Equipment use charges (rental and in-house) must be made inaccordance with GRANTEE’S normal accounting practices
•Premiums on hazard and liability insurance to cover personnel or property
•Site preparation
•Purchase and installation of equipment: security cameras, lighting, signs, displayboards, sound systems, video equipment, etc.
•Construction management: including site inspections and PROJECT administration
•Miscellaneous: other costs incurred during the construction phase, such astransporting materials, equipment, or personnel, and communications
•IN-HOUSE EMPLOYEE SERVICES after groundbreaking
•GRANT/PROJECT administration and accounting after groundbreaking
Ineligible Development Costs – Cannot be charged to the grant
•Furniture or equipment not site specific and not necessary for the core function of anew facility (non-capital outlay)
•Costs incurred before or after the GRANT PERFORMANCE PERIOD
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•Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinaryoperating costs (rent, mortgage payments, property taxes, utilities, etc.)
•Food and beverages
•Out-of-state travel
•Fundraising and grant writing
Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
•Maintain time and attendance records as charges are incurred, identifying theemployee through a name or other tracking system, and that employee’s actual
hours worked on the PROJECT.
•Time estimates, including percentages, for work performed on the PROJECT arenot acceptable.
•Time sheets that do not identify the specific employee’s actual hours worked onthe PROJECT are not acceptable.
•Costs of the salaries and wages must be calculated according to the GRANTEE’S
wage and salary scales, and may include benefit costs such as vacation, healthinsurance, pension contributions and workers’ compensation.
•Overtime costs may be allowed under the GRANTEE’S established policy,provided that the regular work time was devoted to the same PROJECT.
•May not include overhead or cost allocation. These are the costs generally
associated with supporting an employee, such as rent, personnel support, IT,utilities, etc.
•If planning to claim IN-HOUSE EMPLOYEE SERVICES costs, provide a sampletimesheet for OGALS review to confirm these accounting practices are being
followed.
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Acquisition Projects and Rules
1.Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to
pay the difference.
2.Land cannot be acquired through eminent domain.
3.GRANTEE must provide Title Insurance.
Acquisition Grant Scope/Cost Estimate
Provide the following information on a document signed by the AUTHORIZED
REPRESENTATIVE:
•A brief description, for example, “Acquisition of approximately (ENTER TOTALACREAGE to be acquired) for the development of [NAME] Park by (ENTER DATEno later than three years from the date final payment is issued by the SCO).”
•Estimated total costs for land and relocation
•Estimated total costs other than the purchase price and relocation costs, such asappraisals, escrow fees, title insurance fees, deed restriction recordation costs
Acquisition Documentation
For each parcel to be acquired, submit these documents:
1.An appraisal conducted within the last twelve months
2.A separate letter from an independent third party, AG rated appraiser certified by theCalifornia Office of Real Estate Appraisers stating the appraisal was reviewed, and
was completed using acceptable methods
3.County Assessor’s parcel map, showing parcel number and parcel to be acquired
4.Estimated value of each parcel to be acquired with a description of how that valuewas determined (such as the listed price on MLS, in-house estimation, websiteevaluation, assessed value)
5.Acreage of each parcel to be acquired
For easement acquisitions, in addition to the requirements above, provide:
6.A copy of the proposed easement guaranteeing the authority to use the property forthe purposes specified in the application.
For relocation costs, in addition to the requirements above, provide: A letter signed by the
AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §7260-7277.
Eligible Acquisition Costs
•IN-HOUSE EMPLOYEE SERVICES – see accounting rules
•GRANT/PROJECT administration and accounting
•Public meetings/focus groups/design workshop
•Appraisals, escrow fees, surveying, other costs associated with acquisition
•Cost of land
•Surveying and/or lot line adjustments
•CEQA and/or environmental review
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Ineligible Acquisition Costs – Cannot be charged to the grant
•Acquisitions where purchase price is greater than appraised value
•Costs for land acquired through eminent domain or condemnation
•Costs incurred outside the GRANT performance period
•Development costs
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IV.CONTRACT SECTION
The following section contains a sample CONTRACT, CONTRACT provisions, and a sample status report form.
State of California – The Resources Agency DEPARTMENT OF PARKS AND RECREATION
Grant Contract Specified Grants
GRANTEE: Grantee
GRANT PERFORMANCE PERIOD is from July 1, 2022 through June 30, 2026
CONTRACT PERFORMANCE PERIOD is from July 1, 2022 through June 30, 2026
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 State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the PROJECT SCOPE /Cost Estimate Form of the application(s) filed with the State of California.
Total State grant amount not to exceed $ Grant amount
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____________________________________
_______________________________________________ GRANTEE
By _________________________________________ (Typed or printed name of Authorized Representative)
________________________________________ (Signature of AUTHORIZED REPRESENTATIVE)
Title _________________________________________
Date _________________________________________
CERTIFICATION OF FUNDING (FOR STATE USE ONLY) AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR
T.B.A. NO. B.R. NO. INDEX PCA OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER DATE
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I.RECITALS
This AGREEMENT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [Name of grantee]
(hereinafter referred to as “grantee”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $[grant amount], subject to the terms and conditions of this AGREEMENT and the [2022-2023 California State Budget, AB 178, Chapter 45, Statutes of 2022, as amended by AB 179,
Chapter 249, Section 19.56 Item number – 3790-493-0001] (appropriation chapter and budget item
number hereinafter referred to as “SPECIFIED GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 1, 2022 to June 30, 2026.
II.GENERAL PROVISIONS
A.Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1.The term “APPLICATION” means the individual project APPLICATION packet for a projectpursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements.
2.The term “CONTRACT PERFORMANCE PERIOD” means the duration of time during which thisCONTRACT is in effect.
3.The term “DEPARTMENT” or “STATE” means the California Department of Parks and
Recreation.
4.The term “DEVELOPMENT” means capital improvements to real property by means of, but notlimited to, construction, expansion, and/or renovation, of permanent or fixed features of theproperty.
5.The term “GRANTEE” means the party described as the GRANTEE in Section I of this
AGREEMENT.
6.The term “GRANT PERFORMANCE PERIOD” means the period of time during which eligiblecosts may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified inthe fully executed CONTRACT.
7.The term “GRANT PROJECT” means all real estate, leases, subleases, buildings, and otherproperty acquired or developed with GRANT monies.
8.The term “PROJECT SCOPE” means the items listed in the PROJECT SCOPE/Cost EstimateForm found in each of the APPLICATIONS submitted pursuant to this grant.
9.The term “PROCEDURAL GUIDE” means the document identified as the “2022-23 Procedural
Guide for Specified Grants.” The PROCEDURAL GUIDE provides the procedures and policiescontrolling the administration of the grant.
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B.Project Execution
1.Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a
sum of money not to exceed the amount stated in Section I of this CONTRACT, in considerationof, and on condition that, the sum be expended in carrying out the purposes as set forth in thescope described in the enabling legislation and referenced in the APPLICATION, Section I ofthis CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE(S).
During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit anyproposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE forprior approval. This applies to any and all proposed changes that will occur after STATE has
approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in
writing by the STATE.
2.The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of thePerformance Period set forth in Section I of this CONTRACT, and under the terms andconditions of this contract.
3.The GRANTEE shall comply with the California Environmental Quality Act (Public Resources
Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
4.The GRANTEE shall comply with all applicable current laws and regulations affectingDEVELOPMENT projects, including, but not limited to, legal requirements for constructioncontracts, building codes, health and safety codes, and laws and codes pertaining to individuals
with disabilities, including but not limited to the Americans with Disabilities Act of 1990 (42U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.)
C.Project Costs
1.GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2.GRANTEE acknowledges that STATE may make reasonable changes to its procedures as setforth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures andguidelines, STATE agrees to notify GRANTEE within a reasonable time.
D.Project Administration
1.If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be
placed in an interest-bearing account until expended. Interest earned on the advanced fundsshall be used on the project as approved by the STATE. If grant monies are advanced and notexpended, the unused portion of the grant and any interest earned shall be returned to theSTATE within 60 days after project completion or end of the GRANT PERFORMANCE
PERIOD, whichever is earlier.
2.During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written projectstatus reports within 30 calendar days after the STATE has made a specific request. All suchproject status reports shall be signed and certified as complete and accurate by the authorizedrepresentative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report
showing total final project expenditures within 60 days of project completion or the end of the
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GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is identified in Section I of this CONTRACT.
3.The GRANTEE shall make property or facilities acquired and/or developed pursuant to this
contract available for inspection upon request by the STATE.
E.Project Termination
1.Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds thathave not been expended by the GRANTEE shall revert to the STATE.
2.The GRANTEE may unilaterally rescind this contract at any time prior to the commencement of
the project. The commencement of the project means the date of the letter notifying GRANTEEof the award or when the funds are appropriated, whichever is later. After projectcommencement, this contract may be rescinded, modified or amended only by mutualCONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this
contract provide that mutual CONTRACT is not required.
3.Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) anylegislation applicable to the ACT, (c) this CONTRACT or any other grant contracts, specified orgeneral, that GRANTEE has entered into with STATE or any other department, agency,commission or other subdivision of California State government, may be cause for suspension
of all obligations of the STATE unless the STATE determines that such failure was due to no
fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costsproperly incurred in performance of this CONTRACT despite non-performance of theGRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to thebest of its ability.
4.Any breach of any term, provision, obligation, or requirement of this CONTRACT by the
GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE,STATE shall be entitled to all remedies available under law and equity, including but not limitedto: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of thefair market value of the project property or the actual sales price, whichever is higher; and d)
Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited
to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5.The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT,final payment may not be made until the work described in the GRANT SCOPE is complete andthe GRANT PROJECT is open to the public.
F.Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program,the STATE shall have the option to either cancel this contract with no liability occurring to theSTATE or offer a contract amendment to GRANTEE to reflect the reduced grant amount. This
Paragraph shall not require the mutual CONTRACT as addressed in Paragraph E, subsection 2 of
this CONTRACT
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G.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 solenegligence of the STATE, its officers, agents, and employees.
2.The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents andemployees 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 underCalifornia Government Code Section 895.2 or otherwise except for liability arising out of theconcurrent 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 California 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 STATEundertakes to represent itself as codefendant in such legal action in which event the GRANTEEagrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4.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 bemade 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 andemployees 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.
H.Financial Records
1.The GRANTEE shall maintain satisfactory financial accounts, documents, including loan
documents, and all other records for the project and shall make them available to the STATE for
auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts,documents and records for five years following project termination or final payment.
2.The GRANTEE shall keep such records as the STATE shall prescribe, including records whichfully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost
of the project in connection with such assistance that is given or used, (c) the amount, source
and nature of that portion of the project cost supplied by other sources, and (d) any other suchrecords that will facilitate an effective audit.
3.The GRANTEE agrees that the STATE shall have the right to inspect and make copies of anybooks, records or reports pertaining to this contract or matters related thereto during regular
office hours. 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 underthis contract, and shall provide copies of all such records to STATE in its certified status reportsupon request by the STATE. Such accounts, documents, and records shall be retained by theGRANTEE for at least five years following final payment.
4.The GRANTEE shall use a generally accepted accounting system.
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I.Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain and retain full control of
the property acquired or developed with the GRANT MONIES, for the duration of the
CONTRACT PERFORMANCE PERIOD.
2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, theGRANTEE shall use the property acquired or developed with grant funds under this contractonly for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or
other disposition or change of the control or use of the property or of any interest in the
property to one not consistent with the grant purpose shall be permitted except as authorizedby the DEPARTMENT and the property shall be replaced with property of equivalent valueand usefulness as determined by the STATE.
3.The property acquired or developed may be transferred or assigned to another entity only if
the successor entity assumes the obligations imposed under this contract and only with the
prior approval of STATE.
4.Any real Property (including any portion of it or any interest in it, including any leases) maynot be used as security or collateral for any debt, loan or mitigation, without the prior writtenapproval of the STATE, provided that such approval shall not be unreasonably withheld as
long as the purposes for which the grant was awarded are maintained. Any such permission
that is granted does not make STATE a guarantor or a surety for any debt, loan or mitigation,nor does it waive STATE’s rights to enforce performance under the CONTRACT.
5.All real property (including any portion or interest in it, including any leases), or rights thereto,acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title,
rights, or covenants approved by the STATE. If the project property is taken by use of
eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amountof grant monies received from STATE or the pro-rated full market value of the real property,including improvements, at the time of sale, whichever is higher.
6.If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify
STATE within 10 days of receiving the complaint.
J.Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of race, religiouscreed, color, national origin, ancestry, physical disability, mental disability, medical condition,
genetic information, marital status, sex, gender, gender identity, gender expression, age,
sexual orientation, or military and veteran status in the administration and in the use of anyproperty or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except tothe 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 thespecial provisions of this project contract or under provisions of the enabling legislation and/orgrant program.
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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 areseverable.
L. Liability
1.STATE assumes no responsibility for assuring the safety or standards of construction, site
improvements or programs related to the GRANT SCOPE. The STATE’S rights under thisCONTRACT to review, inspect and approve the GRANT SCOPE and any final plans ofimplementation shall not give rise to any warranty or representation that the GRANT SCOPEand any plans or improvements are free from hazards or defects.
2.GRANTEE shall ensure that any contractor hired has adequate liability insurance,
performance bond, or other security necessary to protect the GRANTEE interest and theSTATE’s interest against poor workmanship, fraud, or other potential loss associated with thecompletion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and control of any portionof the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable ortransferable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose ofmaking any leverage loan, pledge, promissory note or similar financial device or transaction,without: 1) the prior written approval of the STATE; and 2) any financial or legal interests createdby any such leverage loan, pledge, promissory note or similar financial device or transaction in
the project property shall be completely subordinated to this CONTRACT through a
Subordination Agreement provided and approved by the STATE, signed by all parties involvedin the transaction, and recorded in the County Records against the fee title of the projectproperty.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted onlyfor the purpose of convenience and are not a part of this CONTRACT and shall not be deemedin any manner to modify, explain, or restrict any of the provisions of this CONTRACT
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach ordefault, shall not be construed as a waiver of said rights; and the waiver of any breach or defaultunder this CONTRACT shall not be construed as a waiver of any subsequent breach.
---
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III.SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding
Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions”
refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of
any State Grants (Grantee). Grantees include those who have contracted or will contract to
receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar
days to provide a written response. Termination of any contract found to be in violation of this
Executive Order shall be at the sole discretion of the State.
_____________________________________
GRANTEE
By:__________________________________ Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
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Status Report
To monitor progress, every six months OGALS will send Status Reports to GRANTEE to complete for
each PROJECT. GRANTEE must return Status Reports to OGALS within thirty days from receipt. This requirement continues until OGALS receives GRANT COMPLETION PACKETS. Payment requests will not be processed if Status Reports are overdue. See the sample Status Report below, which is subject to change.
Status Report
Grantee: Project Number: Project Name: Advances to date without documentation (attach a Grant Expenditure Form documenting expenditure
of the balance, if applicable):
If a portion of the advanced funds have not been spent, and more than six months have passed since the Grantee received the advanced funds, the balance must be spent on eligible costs or returned to OGALS within 60 days from
receipt of this form.
Briefly describe completed work funded by the grant since the last Status Report [DATE]: (Continue on another sheet if needed.)
Pre-Construction/Pre-Acquisition (Planning, CEQA, etc.): 1)______________________________________________________________________________________________________________________________________________________
Acquisition and/or Construction -- and Provide photos showing work completed since [DATE] 2)______________________________________________________________________________________________________________________________________________________
Potential Obstacles Affecting Completion 3)______________________________________________________________________________________________________________________________________________________
4)Total Funds Spent To Date Using This Grant $_____________
5)Percentage of Project Complete:________________
6)Estimated Date of Project Completion: ___________________
7)On Time: Yes / No If not, explain:
8)Within Budget: Yes / No If not, explain:
9)Within Scope: Yes / No If not, explain:
I represent and warrant that I have full authority to execute this Grant Progress Status Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above-mentioned Grant is true and correct to the best of my knowledge.
__________________________ _______________________ _____________ Authorized Representative* Title Date
(*Certification to above information requires a signature by a person authorized in the resolution)
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V.Grant Payment Section
There are three types of payments:
•Pre-construction and Construction Reimbursement payments
•ADVANCE payments for construction and ACQUISITION ADVANCES into escrow
•Final payments
Payment requests are processed through the State Controller’s Office and are mailed to the
GRANTEE eight to ten weeks from the date the request is approved by OGALS.
OGALS will not approve payment requests that do not meet the requirements described in this
GRANT ADMINISTRATION GUIDE.
OGALS may withhold payment if the GRANTEE has outstanding issues, such as:
•Breach of any other contract with OGALS
•An unresolved audit exception
•An outstanding conversion
•Park sites closed or inadequately maintained
•Overdue Project Status Reports
•Other unmet grant requirements
Payment Rules
•GRANT payments before the final payment may not exceed 80% of the PROJECT amount.20% of the PROJECT amount is retained for the final payment as a REIMBURSEMENT.
•The GRANTEE should group costs together to avoid frequent payment requests. Payment
requests greater than $10,000 are encouraged.
•Complete CEQA prior to requesting any reimbursement.
•Provide a sample timesheet to the PROJECT OFFICER prior to incurring any IN-HOUSE
EMPLOYEE SERVICES costs, AND if claiming such costs, provide a sample timesheet with
each reimbursement payment request.
•Provide (1) a list of the bidders; (2) the recommendation and/or notice of award made bythe governing board; and (3) the resulting signed contract agreement to the PROJECT
OFFICER PRIOR to requesting reimbursement for costs on contracts requiring acompetitive solicitation or bidding process.
•Provide construction progress photos with all construction payment requests.
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Pre-construction Reimbursement
Payment Type When to Request Document to Send to PROJECT OFFICER
PRE-CONSTRUCTION
REIMBURSEMENT(s)
After the CONTRACT has
been ENCUMBERED •Payment Request Form
•Grant Expenditure Form
•Timesheet sample, if applicable
Construction Reimbursement
Advance Payments
ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months. ADVANCE funds, and any interest earned on those funds, must be spent with six months of receipt, or returned to OGALS. ADVANCE payments are made at the discretion of OGALS. OGALS considers
ADVANCE payments to be a privilege and reserves the right to disapprove ADVANCE payments.
Pre-construction Advance
Payment Type When to Request Documents to Send to PROJECT OFFICER
PRE-
CONSTRUCTION
ADVANCE(s)
After the GRANT
CONTRACT has been
ENCUMBERED
•Payment Request Form
•ADVANCE justification (see below)
Construction Advance
Payment Type When to Request Documents to Send to PROJECT OFFICER
ADVANCE(s) up to 50% of
PROJECTamount
After the GRANT
CONTRACT has been
ENCUMBERED, and construction will
commence during
the next six months
•Payment Request Form
•ADVANCE justification (see below)
•Copy of signed construction contract and anotice to proceed or IN-HOUSE EMPLOYEE
SERVICES labor schedule.
Advance Justification
An ADVANCE justification is required for an ADVANCE. It must provide the following information:
Payment Type When to Request Documents to Send to PROJECT OFFICER
REIMBURSEMENT of up to 80% of
PROJECT amount before final payment
After the CONTRACT is
ENCUMBERED and the
GRANTEE incurred costs for work related to the
GRANT SCOPE
•Payment Request Form
•Grant Expenditure Form
•Timesheet sample, if applicable
•Construction progress photos
•If payment request includes
reimbursement to contractor/serviceproviders, Competitive Solicitationdocumentation
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•Why an ADVANCE is needed instead of a reimbursement.
•A payment schedule, with a month-by-month estimate, for up to six months, showing theanticipated amount needed, and to whom the funds will be paid (IN-HOUSE EMPLOYEE or name ofcontractor).
•A funding plan, indicating how the GRANTEE intends to fund the percentage of the PROJECTexceeding the 50% advance limit.
•A statement indicating the GRANTEE will put the funds into a separate, interest-bearing account.
OGALS may not approve the total amount of the requested ADVANCE payment if the requested funds
will not be spent within six months from the date that the payment request is submitted by the
GRANTEE.
Clearing the Advance
ADVANCES must be cleared with six months of receipt. An ADVANCE is cleared by submitting:
•A Grant Expenditure Form documenting expenditures on eligible costs equal to the ADVANCE
amount plus any earned interest.
•Photos of any construction completed with the ADVANCE funds (for construction ADVANCES).
Acquisition Advance
Payment Type When to Request Documents to Send
ADVANCES up to 100% of the
acquisition amount
After the contract is encumbered and escrow is
open
See following instructions 1.Escrow letter
2.Title report cover page3.Payment request form
The following items are required to request an ADVANCE payment into escrow:
1.A letter on the GRANTEE’s letterhead, addressing all the following elements, and signed
by the GRANTEE’s AUTHORIZED REPRESENTATIVE:
a)Name, address and telephone number of the title company or escrow holder, andthe escrow account number to which the GRANT funds will be disbursed
b)Copy of the property appraisal and written concurrence
c)GRANT CONTRACT number and amount of GRANT funds requested
d)A statement by the GRANTEE that “the preliminary title report shows that there are
no liens, easements, or any other restrictions that would prevent completion of the
SCOPE and fulfillment of the CONTRACT provisions.”
e)A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to beprovided under this agreement) needed for the completion of the acquisition of the
property or properties have been secured and have been or will be deposited toescrow on or about the same date as the requested GRANT funds.” The GRANTEE isentitled to reasonably rely on the representations of the seller.
2.Cover page of the preliminary title report.
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3.Payment Request Form: the “Send Warrant To” item 7 on the Payment Request Formmust be completed using the title company’s or escrow holder’s name, mailing address,
and contact person.
After approval by OGALS, the payment will be mailed by the State Controller’s Office to the designated escrow company within approximately 30 working days.
Returning Unexpended Advanced Funds or Interest
The balance of unspent GRANT funds must be returned to OGALS no later than thirty days after the end of the six-month ADVANCE period. OGALS will then return the GRANT funds to the CONTRACT balance.
OGALS cannot return interest to the CONTRACT balance.
If interest was earned on the ADVANCED funds, interest must be spent on ELIGIBLE COSTS, and the unspent GRANT funds returned to OGALS.
Subsequent Payments
Any outstanding ADVANCE payments must be cleared before any additional reimbursements or
ADVANCE payments will be approved.
This requirement may be waived in cases where a PROJECT requires timely payments to contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment.
The following items are required to request a waiver:
1.A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE explaining why thewaiver is needed.
2.The majority of ADVANCED funds has been cleared.
3.A payment schedule with month-by-month estimates detailing the anticipated amount needed
including the unspent balance of previously ADVANCED funds, along with the additionalrequested reimbursement or ADVANCE.
Final Payments / Project Completion Packets
OGALS recommends all PROJECT COMPLETION PACKETS be submitted by January 31, 2026.
The final payment (20% of the PROJECT amount) will be processed after PROJECT COMPLETION
and the following occurs:
1.Approval of the PROJECT COMPLETION PACKET and additional requireddocuments in the charts below.
2.Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION.
Project Completion Packet
To request final payment and complete the PROJECT, the GRANTEE must submit the following
documents:
1.Payment Request Form (pg. 33)
2.Grant Expenditure Form (pg. 35)
3. Final Funding Sources Form (if any changes from original submission) (pg. 13)
4.Project Completion Certification Form (pg. 36)
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5.Completed CEQA, if not already provided (pg. 14)
6.Notice of Completion (optional)2
7.Audit Checklist with items marked that the GRANTEE will retain for five years following receiptof final payment (pg. 38)
For acquisition PROJECTS, the GRANTEE must submit these additional documents:
1.A copy of the recorded deed to the property
2.A map sufficient to verify the description of the property including parcel numbers and
acreage
3.Copy of title insurance policy
4.Copy of title report
5.Final Escrow Closing Statement
____________________
2 OGALS recommends that the GRANTEE file a “Notice of Completion” with the County Recorder pursuant to State of
California Civil Code §3093. Filing the “Notice of Completion” is not a PROJECT COMPLETION requirement.
33
Payment Request Form
See Instructions on Page 2.
1. PROJECT NUMBER
3. APPLICANT
4. PROJECT NAME
5. TYPE OF PAYMENT
State of California -Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PAYMENT REQUEST
State Grant Programs
2. CONTRACTNUMBER
--------
D Advance D Reimbursement D Final
6. PAYMENT INFORMATION fRound all fiaures 10 rile nearest dol/arl
a. Grant Project Amount $
b. Funds Received To Date $
C. Avc1ilc11.Jle (c1. 111i11u:; b.) $
d. Amount Of This Request sl
e. Remaining Funds After This Payment (c. minus d.) $
7. SEND WARRANT TO:
AGENCY NAME
STREET ADDRESS
CITY/ST ATE/ZIP CODE
8. CERTIFICATION AND SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION
I
I rep,esent and warrant that I have full authority to execute this payment request on beha" of the Grantee. I declare
under penalty of perjury, under the laws of the State of California, that this report, and any accompanying documents, tor
the above-mentioned Grant is true and correct to the best of my knowledge.
SIGNATURE OF PERSON AUTHORIZED IN RESOLUTION ITITLE IDATE
►
FOR CALIFORNIA DEPARTMENT OF PARKS AND RECREATION USE ONLY
PAYMENT APPROVAL SIGNATURE IDATE
►
OPR 212 (Rev. 3/2015)(Excel 3/3/2015)(Page 1 of 2)
34
Payment Request Form Instructions
•Visit Grant Forms (ca.gov) for current forms
•Type or print legibly all entries
•Round all amounts to the nearest whole dollar
The following instructions correspond to items on the Payment Request Form:
1.PROJECT Number - The number assigned by OGALS to this project
2.CONTRACT Number - As shown in Certification of Funding section of the CONTRACT
3.GRANTEE - GRANTEE name as shown on the CONTRACT
4.PROJECT Title - Name of the PROJECT as shown in the Application
5. Type of Payment – check appropriate box on form:
6.Payment Information
a.GRANT amount
b. Funds received to date - amount paid out from this GRANT
c.Available - (a. minus b.)
d.Amount of this request
e. Remaining funds after this payment - (c. minus d.)
7.Send Warrant To - GRANTEE name, address and contact person
8.Signature of AUTHORIZED REPRESENTATIVE according to the Resolution
35
Grant Expenditure Form
PROJECT Number_______________________ GRANTEE NAME __________________________
Warrant/Check # (1) Date (2) Recipient (3) Purpose (4) Pre-Construction Amount (5) Construction Amount (6)
_________________________________________________________________________
PRE-CONSTRUCTION Subtotal (5) $_____________
Construction Subtotal (6) $_____________
Grand Total (5) + (6) $_____________
List only ELIGIBLE COSTS charged to the GRANT.
Column (1) Use of electronic payment numbers/electronic funds transfer numbers in the “Warrant/Check Number” column is acceptable. Please include an “EP” next to the electronic payment
numbers/electronic funds transfer numbers.
If IN-HOUSE EMPLOYEE SERVICES or GRANTEE’S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number.
Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, the date
that the work was performed may be used.
Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVES, or other entity performing work.
Column (4) Brief description of cost, such as “design”, “permits”, “construction.” When describing such costs, such as “design”, state what the design is for, and who prepared it. For items such as “permits”,
state what kind of permit(s). For items such as “construction,” state what type or portion of construction, or what was constructed. (For instance, “community center”, “walkway”, etc.)
Column (5) PRE-CONSTRUCTION costs.
Column (6) DEVELOPMENT costs eligible for up to 100% of GRANT amount.
Visit Grant Forms (ca.gov) for current forms.
GRANTEES may use their own spreadsheet if it contains the required information shown above.
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Project Completion Certification Form
Grantee: ______________________________________ Project Number: _________________
Grantee contact for audit purposes
Name: __________________________________________________________________________
Address: ________________________________________________________________________
Phone: (_____) __________________ Email: _______________________________________
Project completion – list the features and support amenities (use additional pages, if needed):
List other funds (sources and amounts) used on Project (use additional pages, if needed):
Interest earned on advanced Grant funds: $ ________________
Interest spent on eligible costs: $ ________________
Did the grantee file a “Notice of Completion” with the County Recorder? Yes __ No __
Certification: I hereby certify that all Grant funds were expended on the above-named Project and that the Project is complete and we have made final payment for all work done.
I have read California Penal Code §118 and understand that every person who testifies, declares, deposes, or certifies under penalty of perjury and willfully states as true any material matter which he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.
Furthermore, I have read California Penal Code §72 and understand that every person who, with the intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account,
voucher, or writing, is guilty of a felony-misdemeanor punishable either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten thousand dollars, or both.
I represent and warrant that I have full authority to execute this Project Completion Certification on behalf of
the Grantee. I declare under penalty of perjury that the foregoing certification of Project Completion for the above-mentioned Grant is true and correct.
__________________________________________ ______________________________ Grantee’s Authorized Representative Title
(Printed or Typed name)
__________________________________________ ______________________________ Grantee’s Authorized Representative (Signature) Date
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VI.ACCOUNTING AND AUDIT SECTION
Contact the DPR Audits Office for questions about the following requirements.
Accounting Requirements GRANTEES must use accounting practices that:
•Provide accounting data that clearly records costs incurred on the PROJECT and accuratelyreflects fiscal transactions, with the necessary controls and safeguards.
•Provide good audit trails, especially the source documents (purchase orders, receipts,
progress payments, invoices, timecards, cancelled warrants, warrant numbers, etc.) specific
to the PROJECT.
Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) GRANTEES must follow these accounting practices for employee services:
•Maintain time and attendance records as charges are incurred, identifying the employee through
a name or other tracking system, and that employee’s actual time spent on the PROJECT.
•Time estimates for work performed on the PROJECT are not acceptable.
•Time sheets that do not identify the specific employee’s time spent on the PROJECT are notacceptable.
•Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and salary
scales, and may include benefit costs such as “workers’ compensation.”
•Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regularwork time was devoted to the same PROJECT.
State Audit
Grants are subject to audit by DPR (see Audit Checklist). All PROJECT records must be retained for
five years after final payment was received.
The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
•All PROJECT records, including the source documents and cancelled warrants, books, papers,
accounts, time sheets, or other records listed in the Audit Checklist or requested by the DPR.
•An employee having knowledge of the PROJECT and its records to assist DPR’s auditor.
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Audit Checklist An audit of the project may be performed before or following project completion. The GRANTEE must retain and make
available all project related records for five years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the
responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State
Department of Parks and Recreation Audits Office.
CONTRACTS
Summary list of bidders (including individual bid packages)
Recommendation by reviewer of bids
Awarding by governing body (minutes of the meeting/resolution)
Construction contract agreement
CONTRACT bonds (bid, performance, payment)
CONTRACT change orders
Contractor's progress billings
Payments to contractor (cancelled checks/warrants, bank statements and EFT receipts**)
Stop Notices (filed by sub-contractors and release if applicable)
Liquidated damages (claimed against the contractor)
Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
Authorization/work order identifying project
Daily time sheets signed by employee and supervisor
Hourly rate (salary schedules/payroll register)
Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
Authorization/work order
Daily time records identifying the project site
Hourly rate related backup documents
MINOR CONTRACTS/MATERIALS/SERVICES/EQUIPMENT RENTALS
Purchase orders/Contracts/Service Agreements
Invoices
Payments (actual cancelled checks/warrants, bank statements and EFT receipts **)
ACQUISITION
Appraisal Report
Did the owner accompany the appraiser?
10 year history
Statement of just compensation (signed by seller)
Statement of difference (if purchased above appraisal)
Waiver of just compensation (if purchased below appraisal: signed by seller)
Final Escrow Closing Statement
Cancelled checks/warrants, bank statements and EFT receipts, [payment(s) to seller(s)]
GRANT deed (vested to the participant) or final order of condemnation
Title insurance policy (issued to participant)
Relocation documents
Income (rental, grazing, sale of improvements, etc.)
INTEREST
Schedule of interest earned on State funds advanced Note: Interest on grant ADVANCES is accountable, even if commingled in a pooled fund account and/or interest was never allocated back to the grant fund.
AGREEMENT/CONTRACTS
Leases, agreements, etc., pertaining to developed/acquired property
*Estimated time expended on the projects is not acceptable. Actual time records and all supportingdocumentation must be maintained as charges are incurred and made available for verification at the timeof audit.** Front and back if copied.
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VII. DEFINITIONS
Capitalized words and terms used in this process guide are defined below.
ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.
APPLICANT – an entity which does not yet have a fully-executed CONTRACT with DPR and
is identified as a GRANT recipient through a legislatively specified budget line item.
APPLICATION PACKET – the Application form and its required attachments described in the Application Checklist and Directions.
APPROPRIATION DATE – July 1 of the State of California fiscal year when the funding of State budget line items is approved by the legislature. The
APPROPRIATION DATE is the start of the GRANT PERFORMANCE PERIOD.
AUTHORIZED REPRESENTATIVE – the APPLICANT’S/ GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.
CEQA – the California Environmental Quality Act as stated in the Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law
establishing policies and procedures that require entities to identify, disclose to decisionmakers and the public, and attempt to lessen significant impacts to environmental andhistorical resources that may occur as a result of the entities’ proposed PROJECT. Formore information refer to https://opr.ca.gov/ceqa/
CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking
construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.
CONTRACT – an agreement between the DPR and the GRANTEE specifying the performance of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, payment of funds by DPR, and requirements for maintenance and use of the PROJECT.
CONTRACT ENCUMBRANCE PERIOD – the time starting with the APPROPRIATION DATE, when a CONTRACT must be fully executed between the GRANTEE and DPR to encumber the
GRANT funds.
CONTRACT PERFORMANCE PERIOD – the period during which the grantee has obligations under the contract.
DEVELOPMENT – construction, installation, replacement, expansion, or renovation.
DPR – the California Department of Parks and Recreation.
ELIGIBLE COSTS – expenses incurred during the grant performance period to complete the SCOPE approved by OGALS through an encumbered contract.
GRANT – funds made available to a GRANTEE for completion of the PROJECT SCOPE(s)
during the GRANT PERFORMANCE PERIOD.
GRANTEE – an entity having a fully executed CONTRACT with DPR.
GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the
GRANTEE and paid for by DPR, as specified in the fully executed CONTRACT.
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IN-HOUSE EMPLOYEE SERVICES – use of the GRANTEE’s employees working on the SCOPE.
OGALS – DPR’s Office of Grants and Local Services.
PRE-CONSTRUCTION COSTS – costs incurred during the planning, design, and permit
phase of the PROJECT before construction can begin.
PROJECT – the recreation features and support amenities listed in the Project
SCOPE/Cost Estimate Form.
PROJECT COMPLETION – when the features and support amenities listed in the Project
SCOPE/Cost Estimate Form are complete and the facilities are open and useable by the
public.
PROJECT COMPLETION PACKET – The documents required in order to request final payment following PROJECT COMPLETION
PROJECT OFFICER – an OGALS employee, who acts as a liaison with the applicants and
GRANTEES, administers GRANT funds, and facilitates compliance with the Procedural
Guide and CONTRACT.
SCOPE – the features and support amenities listed in the Project SCOPE/Cost Estimate Form that must be completed prior to final GRANT payment.