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HomeMy WebLinkAboutCALIFORNIA, STATE OF (5) - 2000 • ~ ~ x'46 0 - l 6 I f7-I State of California -The Resources Agency Department of Parks and Recreation Grant Contract General Fund GRANTEE City of Santa Ana PROJECT TITLE JEROME PARK AND COMM CTR _ PROJECT NUMBER_ GF-30-022 Funds available from July 01, 2000 thru June 30, 2005 Under the terms and conditions of this agreement, the grantee agrees to complete the project as described in the project description, and the State of California, acting through its Director of Parks and Recreation pursuant to the program named above, agrees to fund the project up to the total grant amount indicated. PROJECT DESCRIPTION: Jerome Park and Community Center Total State Grant not to exceed 49 5 0 City of Santa Ana Grantee The General Provisions attached are made a part of and incorporated into the Contract. By--- Signature of Authorized Representative Title City Manager! Executive Director, Parks 8~ Recreation Date STATE OF CALIFORNIA By DEPARTMENT OF PARKS AND RECREATION Title By DateA~~~Q~~b ~b ~~R~ Date ~.C~ aura Sheedy CERTIFICATION OF FiJNDING Deputy City Attorney AMOUNT OF ESTIMATE CONTRACT NUMBER PROJECT NO. FUND. j $492,500.00 C5025173 GF-30-022 ' General Fund j ADJ. INCREASING ENCUMBRANCE ~ APPROPRIATION - j S f-- ADJ. DECREASING ENCUMBRANCE CALSTARS VENDOR NO. 000000434200 UNENCUMBERED BALANCE LINE ITEM ALLOTMENT TCHAPTER STATUTE ~ `FISCAL YEAR S i i 3790-101-0001 (a)(102) 52 00 00!01 1__. I - - - - I - 'T.B.A. NO. 'B.R.. NO. ~ INDEX. OBJ. EXPEND j PCA. PROJECT /WORK PHASE. ' ~ 1091 702 I 60013 ii hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. T.B.A. NO. ',B.R.. NO. '.SIGNATURE OF ACCOUNTING OFFICER IRATE. I I • • Project Contract Special Provisions General Provisions A. Definitions 1. The term "State" and used herein means the Califomia State Department of Parks and Recreation. 2• The term "Act" as used herein means the Appropriation for the Program. 3• The term "Project" as used herein means the Project described on page 1 of this contract. 4. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. 5. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation and/or program. B. Project Execution 1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Grantee a sum of money (grant moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the sum be expended in canying out the purposes as set forth in the Description of Project on page 1 and under the terms and conditions set forth in this Contract. Grantee shall assume any obligation to famish 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. Grantee shall complete the Project in accordance with the time of Project Performance set forth on page 1, and under the terms and conditions of this Contract. 3. Grantee shall comply as lead agency with the Califomia Environmental Quality Act (Public Resources Code, Section 21000, et. seq.) 4. If the Project includes development, the Grantee shall comply with all applicable current laws and regulations effecting development projects, including, but not limited to, legal requirements for construction contracts, building codes health and safe codes, and disabled access laws. 5• Grantee shall permit periodic site visits by the State to determine if development work is in accordance with the approved Project Scope including a final inspection upon Project completion. 6. Grantee shall submit any significant deviation from the original Project Scope to the State for prior approval. 7. If the Project includes acquisition of real property, the Grantee shall comply with all applicable state and local laws or ordinances effecting relocation and real property acquisition. 8. Grantee shall provide for public access in accordance with the intent and provisions of the enabling legislation and/or program. 2 r C. Project Costs The Grant moneys 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 Grantee the grant moneys as follows, but not to exceed in any event the State grant amount set forth on page 1 of this Contract: a• When acquisition is through negotiated purchase, State may disburse the amount of the State approved purchase price together with State approved costs of acquisition when an escrow is opened. b. When acquisition is allowed pursuant to proceedings in eminent domain, State may disburse the amount of the total award as provided for in the final order of condemnation together with State approved costs of acquisition. c. In the event Grantee abandons such emirient domain proceedings, Grantee shall bear all costs in connection therewith and that no grant moneys shall be disbursed for such costs. 2. If the Project includes development, the State may disburse to Grantee the grant moneys as follows, but not to exceed in any event the State grant amount set forth of page 1 of this Contract: a. Up to ten percent of the total grant for preliminary costs. b. On .proof of award of a construction contract or commencement of construction by force account, up to ninety percent of the total grant, or the actual cost, whichever is less. c. Remaining 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. D. Project Administration 1. Grantee shall promptly submit such reports as the State may request. In any event Grantee shall provide State a report showing total final Project expenditures. 2. Grantee shall make property and facilities acquired or developed pursuant to this Contract available for inspection upon request by the State. 3. Grantee shall use any moneys advanced by the State under the terms of this Contract solely for the Project herein described. 4. If grant moneys are advanced, the Grantee shall place moneys in a separate interest bearing account, setting up and identifying such account prior to the advance, interest earned on grant moneys shall be used on the Project or paid to the State. If grant moneys 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. 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. Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project. After Project commencement this Contract maybe rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Grantee to comply with the terms of this Contract may be cause for suspension of all obligations of the State hereunder. 3. Failure of 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 moneys under the provisions of this agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant moneys 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 3 . r 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. Grantee and State agree that if the Project includes development, final payment may not be made until the Project conforms substantially to this Contract. F~ Hold Harmless 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 State, its officers, agents, and employees. 2. Grantee shall indemnify, hold harmless and defend 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 Govemment Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers, agents, or employees. , 3. Grantee agrees that in the event State is named as codefendant under the provisions of Govemment Code Section 895 et seq., the Grantee shall notify State of such fact and shall represent State in the legal action unless State undertakes to represent itself as codefendant in such legal action in which event State shall bear its own litigation costs, expenses, and attorney's fees. 4. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the concurrent negligence of the State and 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. 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. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. G. Financial Records 1. 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. Grantee also agrees to retain such financial accounts, documents and records for three years following Project termination or completion. Grantee and 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. 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• Applicant shall use a generally accepted accounting system. H. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, or physical handicap in the use of any property or facility acquired or developed pursuant to this Contract. 2• The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of resident and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Contract or under provisions of the enabling legislation and/or program. I• Application Incorporation The Application and any subsequent change or addition approved by the State is hereby incorporated in this Contract as though set forth in full in this Contract. J. 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. 4 E ~ • • REQUEST FOR COUNCIL ACTION Eav~a<<on,S~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: OCTOBER 2, 2000 TITLE: APPROVED As Recommended RESOLUTION & APPROPRIATION ADJUSTMENT ? As Amended FOR STATE GENERAL FUND GRANT PROGRAM ? Ordinance on 1st Reading ? Ordinance on 2nd Reading ~.1 Implementing Resolu~' T ;r ? Set Public Hearing For"~~' ~ ~ ~ CONTINUED TO ` / ~ + -FILE NUMBER C~? ~6 Y'~ 3 CITY MANAGER ~f'._~ C~ ~ ~Vn~ "L~~ j~rn~~ ~ b~'r~~_ RECOMMENDED ACTION 1) Adopt a resolution authorizing the Executive Director of Parks, Recreation and Community Services Agency to prepare grant applications for four projects (Madison Park Batting Cage, Jerome Park Improvements, Vans for Youth Programs and Santa Ana Zoo Commissary Improvements) from the State General Fund Grant Program,. 2) Approve an appropriation adjustment allocating State General Funds in the amount of $640,850 in revenue account (account no. 169-O1-5367) and appropriate the funds to the expenditure account (account no. 169- 245-6631 & 169-245-6641) for Madison Park Batting Cage ($49,250), Jerome Park Improvements ($492,500), Santa Ana Zoo Commissary ($40,000) and van purchase for Youth Programs ($59,100). DISCUSSION On behalf of the City of Santa Ana, Assemblyman Correa and Senator Dunn submitted a request through the State budget process for funding Madison Park Batting Cages, Jerome Park Facility Improvements, Santa Ana Zoo Commissary Improvements and Van purchases for Youth Programs, totaling $640,850. The Governor has approved the budget request and has instructed staff to complete the application process for grant funding. The State requested the City to submit a resolution authorizing the submittal of the applications and completion of all necessary grant requirements for the projects approved in the State Budget. All funding for the above projects must be encumbered by the year 2003 and completed no later than year 2005. Page 87 5 5. A. CS 383 ~ ! State General Fund Grant Program October 2, 2000 Page 2 FISCAL IMPACT An appropriation adjustment is needed to allocate the State General Fund Grant funding in the amount of $640,850 in revenue account (account no 169-01-5367) and appropriate the funds to expenditure account (account no. 169-245-6631 and 169-245-6641) for the following projects: a) Madison Park Batting Cage $ 49,250 b) Jerome Park Facility Improvements $492,500 c) Santa Ana Zoo Commissary Improvements $ 40,000 d) Van purchase for Youth Program $ 59,100 TOTAL $640,850 APPROVED AS TO FUNDS AND ACCOUNT: t Cleveland illiams Rod R. Coloma Executive Director Executive Director Parks, Rec. & Comm. Svcs. Agency Finance & Management Svcs. Agency I:Ron\state general fd grt 2000\ea 55.A. Pa a 88 g RESOLUTION NO. 2000-065 A RESOLUTION OF THE CITY COUNCIL QF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE STATE GENERAL FUND FOR MADISON PARK, JEROME PARK AND VAN PURCHASE WHEREAS, the Legislature and Governor of the State of California have approved grants for Madison Park, Jerome Park Facility improvement and van purchase for youth programs; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the grant projects, setting up necessary procedures; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said applications to the state; and WHEREAS, said applications contain assurances that the City, as Applicant, must comply with; and WHEREAS, the Applicant will enter in an agreement with the State of California for subject projects; NOW, THEREFORE, BE IT RESOLVED that the City Council for the City of Santa Ana: 1. Approves the filing of an application for State General Fund assistance for the above projects; and 2. Certifies that said Applicant understands the assurances and certification in the application forms; and 3. Certifies that, said Applicant has or will have sufficient funds to operate and maintain the projects; and 4. Certifies that the projects are compatible with the land use plans of those jurisdictions immediately surrounding the projects; and 5. Certifies that said Applicant has reviewed and understands the General Provision contained in the State/Local agreement shown in the Procedural Guide; and Resolution No. 2000-065 Page 1 of 2 6. Appoints the City Manager or Executive Director of the Parks, Recreation and Community Services Agency as the agent for the City of Santa Ana to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments and payment requests which may be necessary for the completion of the aforementioned projects. ADOPTED this 2"d day of October , 2000. ATTEST: ' r-- Patricia E. Healy Mi A. Puli o Clerk of the Council M or COUNCILMEMBERS: APPROVED AS TO FORM: Pulido Afire Joseph W. Fletcher, City Attorney ~ Lutz Bist Are Christy A~ By: i ~ ~ ~ Franklin A~ Lisa E. Storck McGuigan A rye Assistant City Attorney Moreno Absent CERTIFICATE OF ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby certify the attached Resolution No. 2000-065 to be the original resolution adopted by the City Council of the City of Santa Ana on October 2, 2000. Date: ~ - C~ ~1~~ - i-~~ ~ Clerk of the Council City of Santa Ana Resolution No. 2000-065 Page 2 of 2