CONTRACT 4034 Grant AgreementAgreement No. 4034
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2000 Parks Bond Act
Roberti-Z'berg-Harris Block Grant Program
GRANTEE City of El Segundo
THE PROJECT PERFORMANCE PERIOD is from July 01, 2009 thru June 30, 2012
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-2°berg-Harris Urban Open Space and
Recreation Program Act. and the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000, agrees to fund the P'roject(s) up to the total State Grant Amount indicated.
THESE FUNDS ARE FOR THE ACQUISITION AND/OR DEVELOPMENT OF HIGH PRIORITY
PROJECTS THAT SATISFY THE MOST URGENT PARK AND RECREATION NEEDS, WITH EMPHASIS
ON UNMET NEEDS IN THE MOST HEAVILY POPULATED AND MOST ECONOMICALLY
DISADVANTAGED AREAS WITHIN EACH JURISDICTION.
Total State Grant Amount not to exceed $49,061.00
City of El Segundo
(Signature of Autwilzed +rest-M alive)
(or 70 percent of all Project costs)
The General and Special Provisions attached
are made a part of and incorporated into the
Contract.
STATE OF CALIFORNIA
Title City Manager DEPARTMENT OF PARKS AND RECREATION
Date 1�'.... _..
,. By
4i
Date
Cif of El Segundo
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 wher appropriate codes, laws and regulations prior to the expenditure of grant funds. (Public Resources Code 5626(d)
Signed See attached
(Signed - Legal Counsel for Grantee)
CERTIFICATION OF FUNDING
Date
Agreement No. 4034
CERTIFICATION BY LEGAL COUNSEL
(Pub. Res. Code § 5626(d))
Based upon informati a, belief, I hereby certify that the Grantee has met, or will
meet, all federal, s , e r local environmental, public health, relocation, affirmative
action, and clear' ' b ,r g irernents and all other appropriate codes, laws and
regulations befor ' h p'n.4ture of grant funds. (Public Resources Coded § 5626(d))
Signed
e al Qo"i4hsel for Grantee) Dke
Agreement No. 4034
ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM ACT
Project Contract
Special Provisions
General Provisions
A. Definitions
1. The term "Acquisition" as used herein means to obtain from a willing seller a fee interest or any other interest, including
easements and Development rights, in real property.
2. The term "Act" as used herein means the Appropriation for the Program.
3. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to
the enabling legislation and/or program.
4. The term "Development" as used herein means improvements to real property by construction of new facilities or Renovation
or additions to existing facilities.
5. The term "Grantee" as used herein means the party described as Grantee on Page 1 of this Contract.
6. The term "Project" as used herein means the Project described on Page 1 of this Contract.
The term "State" as used herein means the State of California Department of Parks and Recreation.
& Project Execution
] . Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a sum of money (grant monies)
not to exceed the amount stated on Page 1, in consideration of, and on condition that, the sum be expended in carrying out the
purposes as set forth in the Description of Project on Page 1, and under the terms and conditions set forth in this Contract.
The Grantee agrees to furnish at least thirty (30) percent of the total cost of the Project unless waived per the procedures
stated in the current State Procedural Guide for the Roberti-Z'berg-Harris Urban Open Space and Recreation Program Act
and 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
terns 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 Relations, Section 15000 et. seq.).
4. If the Project includes Development, 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 disabled access laws.
5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion by the State, to determine if
Development work is in accordance with the approved Project Scope,
6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from the original Project
Scope in writing to the State for prior approval.
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Agreement No. 4034
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 and/or program.
9. Pursuant to guidelines issued by the Secretary for Resources, all recipients of funding shall post signs acknowledging the
source of funds.
10. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and 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.
11. The Grantee shall maintain and operate the property funded pursuant to Section 5096.343 (a)(1) of the Public Resources
Code for a period that is commensurate with the type of Project and the proportion of state funds and local matching funds or
property allocated to the capital costs of the Project. With the approval of the State, the Grantee, or the Grantee's successor in
interest in the property, may transfer the responsibility to maintain and operate the property in accordance with this section.
The Grantee shall use the property only for the purposes for which the grant was made and shall make no other use or sale or
other disposition of the property, except as authorized by 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.
12. Lands acquired with funds from the Act shall be acquired from a willing seller of the land.
13. The Application shall be accompanied by certification from the Grantees' planning agency that the Project for 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 Grantee under this Contract may be disbursed as follows:
1. If the Project includes Acquisition of real property, the State may disburse to the Grantee the grant monies as follows, but not
to exceed, in any event, the State Grant Amount set forth on page 1 of this Contract:
a. Up to a ten percent advance of the total Project Grant Amount
b. After the property is in escrow, the Grantee may request up to 80% of the Project Grant Amount as specified in the
approved Application, or 100% of the actual Acquisition cost, whichever is less. The Grantee shall immediately place
these funds in escrow.
c. Remaining Project grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on
completion of the Project and receipt of a detailed summary of Project costs from the Grantee.
2. If the Project includes Development, the State may disburse to the Grantee the grant monies as follows, but not to exceed in
any event the State Grant Amount set forth of page 1 of this Contract:
a. Up to a ten percent advance of the total Project Grant Amount.
b. On proof of award of a construction contract or commencement of construction by Force Account, up to eighty percent
of the total Project Grant Amount, or the actual cost, whichever is less.
C. Remaining Project grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on
completion of the Project and receipt of a detailed summary of Project costs from the Grantee.
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Agreement No. 4034
D. Project Administration
I . 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 acquired or developed pursuant to this Contract available for inspection upon
request by the State.
3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely for the Project herein
described.
4. If grant monies are advanced,, the Grantee shall place monies in a separate interest bearing account, setting up and identifying
such account prior to the advance, interest earned on grant monies shall be used on the Project or paid to the State. if grant
monies are advanced and not, expended, the unused portion of the Grant shall be returned to the State within 60 days of
completion of the Project or end of the Project Performance Period, whichever is earlier.
5. The Grantee shall use income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the
State, for related purposes within the Grantee's jurisdiction.
E. Project Termination
1. 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. 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.
3. Failure by the Grantee to comply with the terms of this Contract shall not be cause for the suspension of all obligations of the
State hereunder if in the judgment of the State such failure was due to no fault of the Grantee. In such case, any amount
required to settle at 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.
Hold Harmless
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.
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 Coda
Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the State, its officers, agents,
or employees.
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Agreement No. 4034
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.
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 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 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.
Financial Records
The Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available
to the State for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records
for three years following Project termination or completion.
The Grantee and the State agree that during regular 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.
Use of Facilities
The Grantee agrees that the Grantee shall use the property acquired or developed with grant monies under this Contract only
for the purposes for which the State grant monies were requested and no other use of the area shall be permitted except by
specific act of the Legislature.
2. The Grantee shall maintain and operate the property acquired or developed for a period commensurate with the type of Project
and the proportion of State grant funds and local funds allocated to the capital costs of the Project, as determined by the State.
Nondiscrimination
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 acquired or developed pursuant to this Contract.
The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences
in admission or other fees may be maintained on the basis of residence and pursuant to law.
All facilities shall be open to members of the public generally, except as noted under the special provisions of this Project
Contract or under provisions of the enabling legislation and/or program.
Application Incorporation
1. 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.
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.
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AUDIT CHECKLIST Agreement No. 4034
An audit of the project may be performed. The grantee must retain and make available all project related records for a
minimum of three 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 its 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
at (916) 445-8999.
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')
Stop Notices (filed by sub -contractors and release if
applicable)
Liquidated damages (claimed against the contractor)
Notice of completion (recorded)
FORCE LABOR*
Authorization/work order identifying project
Daily time sheets signed by employee and supervisor
Hourly rate (salary schedules/payroll register)
Fringe benefits (provide breakdown)
• erulliLy
Authorization/work order
Daily time records identifying the project site
Hourly rate related backup documents
MINOR CONTRACTSI'MATERIALSISERVICE'SfEQUIPMENT
'
RENTALS
Purchase orders/Contracts/Service Agreements
Invoices
Payments (actual cancelled checks/warrants")
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 (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.
AGREEMENTICONTRACTS
Leases, agreements, etc., pertaining to
developed/acquired property
* Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation
must be maintained as charges are incurred and made available for verification at the time of audit.
** Front and back if copied.
Revised 1/12/2006