06-0210_CALIF DEPT OF PARKS & RECREATION_Transmittal Agr to•
32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 493-1171
(949) 493-1053 FAx
www sanjuancapistrano. org
TRANSMITTAL
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TO:
Luan Aubin, Project Officer
California Dept of Parks & Recreation
PO Box 942896
Sacramento, CA 94296-0001
FROM: Meg Monahan, City Clerk (949) 443-6308
MEMBERS OF THE CITY COUNCIL
SAMALLEVATO
DIANE BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
February 10, 2006
SUBJECT: Grant Contract -2002 Resources Bond Act — Roberti-Z'berg-Hams Block
Grant Program
An original Grant Contract, fully executed by the Authorized Representative and by
legal counsel, is enclosed.
After it is executed by the appropriate authorities at the Department of Parks and
Recreation, please forward a copy of the executed agreement to my attention.
CC: Linda Evans, Community Services Manager and Karen Crocker, Community Services
Director
San Juan Capistrano: Preserving the Past to Enhance the Future
0 Prinletl on recycles paper
Oe of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATI N
GRANT CONTRACT
2002 Resources Bond Act
Roberti- Z'berg-Harris Block Grant Program
GRANTEE City of San Juan Capistrano
THE PROJECT PERFORMANCE PERIOD is from July 01, 2003 thru June 30, 2011
The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting
through its Director of Parks and Recreation pursuant to the Roberti-Z'berg-Harris Block Grant Program in
the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of
2002, agrees to fund the Project up to the total State Grant Amount indicated.
These funds are for high priority projects that satisfy the most urgent park and recreation needs, with
emphasis on unmet needs in the most heavily populated and most economically disadvantaged areas
within each jurisdiction.
notal State Grant Amount not to exceed $93.963.00
City of San Juan Capistrano, Comm. Svs
Grantee^. ,
By 7T7 CJS
(Signature of Authorized Representative)
Title City Manager
Date X--7-0 G
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
I hereby certify that the Grantee has met, or will meet, all federal, state and local environmental, public health, relocation, affirmative action,and
clearinghouse requirements and all other appr/pnata ao , aawwss and r u prior to the expenditure of grant funds. (Public Res urces Code 5626(d)
'd 54i.id (iAi. Gf fif fry •s
Legal Counsel for
CERTIFICATION OF FUNDING
CONTRACT NO
AMENDMENT NO
CALSTARS VENDOR NO.
PROJECT NO.
CO209929
I
000000441500
AMOUNT ENCUMBERED BY THIS DOCUMENT
FUND.
$93,963.00
CA CLEAN WATERAIRSAFE NGHBORHD PKSCOASTL PROTCT
PRIOR AMOUNT ENCUMBERED FOR THIS
REM
CHAPTER
STATUTE
FISCAL YEAR
CONTRACT
3790-101-6029(1)(b)
157
03
2005f06
TOTAL AMOUNT ENCUMBERED TO DATE
INDEX.
O&I. EXPEND
PCA.
PROJECT/WORK PHASE
$ $93,963.00
1091
702
66011
T.B.A. NO.
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
B.R.. NO.
ACCOUNTING OFFICERS SIGNATURE
DATE.
0 0
Grant Contract
Special Provisions
General Provisions
A. Definitions
1. The term "Act' as used herein means the Appropriation for the Program.
2. The term "Application" as used herein means the individual Application and its required
attachments for grants pursuant to the enabling legislation and/or Program.
3. The tens "Acquisition' means to obtain fee We or a lesser interest in real property, including
specifically, a conservation easement or development rights.
4. The term "Department" means the California Department of Parks and Recreation.
5. The term "Development' means including, but not limited to, improvement, Rehabilitation,
restoration, enhancement, Preservation, protection, and interpretation. Bond Act funds may only
be used for Capital Improvement.
6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this
Contract. The term "Project" as used herein means the Project described on page 1 of this
Contract
7. The term "State" as used herein means the State of California_ Department of Parks and
Recreation.
B. Project Execution
1. Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a
sum of money (grant monies) not to exceed the amount stated on page 1 of this Contract, in
consideration of, and on condition that, the sum be expended in carrying out the purposes as set
forth in the Description of Project on page 1 of this Contract, and under the terms and conditions
set forth in this Contract
Grantee shall assume any obligation to furnish any additional funds that may be necessary to
complete the Project Any modification or alteration in the Project as set forth in the Application
on file *4th the State must be submitted to the State for approval.
2. The Grantee shall complete the Project in accordance with the time of Project Performance set
forth on page 1, and under the terms and conditions of this Contract
3. The Grantee shall comply as lead agency with the California Environmental Quality Act Public
Resources Code. Section 21000, et seq., Title 14, California Code of Regulations, Section
15000 et seq.)
4. The Grantee shall comply with all applicable current laws and regulations affecting Development
Projects, including, but not limited to, legal requirements for construction contracts, building
codes, health and safety codes, and laws and codes pertaining to individuals with disabilities.
5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion
by the State, to determine if Development work is in accordance with the approved Project
Scope.
2002 RZH Block Grant Procedural Guide 24
0 0
a. Up to a 10% advance of the total Project Amount
b. After the property is in escrow, the Grantee may request up to 80% of the total Project Grant
Amount as specified in the approved Application, or 100% of the actual Acquisition cost,
whichever is less. The Grantee shall immediately place these funds in escrow.
c. The remaining Project grant funds shall be paid up to the amount of the grant or the actual
Project cost, whichever is less, on completion of the Project and receipt of a detailed
summary of Project costs from the Grantee.
2. If the Project includes Development, the State may disburse to the Grantee the grant monies as
follows, but not to exceed in any event the total Project Grant Amount set forth on page 1 of this
Contract:
a. Up to a 10% advance of the total Project Grant amount.
b. On proof of award of a construction contract or commencement of construction by Force
Account, up to 80% of the total Project Grant Amount, not to exceed 80% of the total dollar
amount of any or all awarded construction contracts.
c. The remaining Project grant funds shall be paid up to the amount of the grant or the actual
Project cost, whichever is less, on completion of the Project and receipt of a detailed
summary of Project costs from the Grantee.
D. Project Administration
1. The Grantee shall promptly submit written Project reports as the State may request
In any event, the Grantee shall provide the State a report showing total final,Project
expenditures.
2. The Grantee shall make property and facilities developed pursuant to this Contract available
for inspection upon request by the State.
3. The Grantee shall use any monies advanced by the State under the terms of this Contract
solely for the Project herein described.
4. If grant monies are advanced, the Grantee shall place these monies in a separate interest
bearing account, setting up and identifying such account prior to the advance. Interest
earned on grant monies shall be used on the Project, as approved by the State. If grant
monies are advanced and not expended, the unused portion of the grant shall be returned to
the State within 60 days of completion of the Project or end of the Project Performance
Period, as shown on the signature page, whichever is earlier.
5. The Grantee shall use income earned by the Grantee from use of the Project to further
Project purposes, or, K approved by the State, for related purposes within the Grantee's
Jurisdiction.
E. Project Termination
1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be
available for Appropriation by the Legislature for one or more of the local assistance
programs that the Legislature determines to be the highest priority statewide.
2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the
Project After Project commencement this Contract may be rescinded, modified or amended
only by mutual agreement in writing between the Grantee and the State.
2002 RZH Block Grant Procedural Guide 26
• 0
The Grantee shall maintain satisfactory financial accounts, documents and records for the
Project and to make them available to the State for auditing at reasonable times. The Grantee
also agrees to retain such financial accounts, documents and records for three years following
Project termination or final payment.
The Grantee and the State agree that during regular office hours each of the parties hereto and
their duly authorized representatives shall have the right to inspect and make copies of any
books, records or reports of the other party pertaining to this Contract or matters related thereto.
The Grantee shall maintain and make available for inspection by the State accurate records of
all of its costs, disbursements and receipts with respect to its activities under this Contract.
2. The Grantee shall use a generally accepted accounting system.
H. Use of Facilities
1. The Grantee agrees that the Grantee shall use the property developed with grant monies
under this Contract only for the purposes for which the State grant monies were requested
and no other use of the area shall be permitted except by specific Act of the Legislature.
2. The Grantee shall maintain and operate the property developed for a period commensurate
with the type of Project and the proportion of State grant funds and local funds allocated to
the capital costs of the Project, as determined by the State.
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 developed pursuant to this Contract.
2. The Grantee shall not discriminate against any person on the basis of residence except to
the extent that reasonable differences in admission or other fees may be maintained on the
basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the
special provisions of this Project Contract or under provisions of the enabling legislation
and/or Program.
J. Application Incorporation
The Application and any subsequent change or addition approved by the State is hereby
incorporated in this Contract as though set forth in full in this Contract
K. Severability
If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not
affect other provisions or Applications of the Contract which can be given effect without the invalid
provision or Application, and to this end the provisions of this Contract are severable.
2002 RZH Block Grant Procedural Guide 28