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1988-0408_CALIF DEPT OF PARKS & RECREATION_Agreement• Bou of California — The Rswea Aawsey • OEPARTMENT OF PARKS AND RECREATION AGREEMENT FOR 1987-88 GRANT PROJECT(t) iw ea COMMUNITY PARKLANDS ACT OF 1866 GRANT RECIPIENT City of San Juan Capistrano ORIGINAL THE PROJECT PERFORMANCE PERIOD is from the Date of Appropriation to three years from the Date of Approval of this agreement by the State as shown below. The Gram Recipient agrees to complete the prolectfs) a described In the project opplica6cn(s) undo, the orrms and conditions of this agreement, and the State of California, acting through Its Director of Perks and Recreation pursuant to the Community Parklands Act o1 1986, agrees to fund the project(&) up to the total state grant amount indicated. THIS GRANT IS FOR THE ACOUISITION AND/OR DEVELOPMENT, REHABILITATION OF LANDS AND/OR FACILITIES FOR RECREATIONAL AND/OR HISTORICAL PURPOSES WITHIN THE GRANT RECIPIENTS' JURISDICTION. Total State Grant not to exceed $ 61,000 City of San Juan Capistrano est Recipient The General Provisions attached are mads a part of and are incorporated into the Agreement. 3Y � .1—Signalf,re of Authonz apreunntiue Title City Manager Date 3d3 dE g STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By Q: vw Title By Date Date of Approval `'� I 1 • �6 CERTIFICATION OF FUNDING CONTRACT NUMBER FUND COMMUNITY PARKLANDS FUND OF 1986 G' PROJECT NO. - AMOUNT OF THIS ESTIMATE APPROPRIATION UNENCUMB RED BALANCE 1 MHA A ISCAL Y R = 3790-101 Q 1987 1987-88 ADJ. INCREASING ENCUMBRANE FUNCTION rp J. DECREASING s c� I hereby part,fy upon my own Personal knowledge That budgeted funds TAA. ND. aJl. ND. arm Mllable Ip this entyTbr�a. SIGNAT OF ^CUNTIINJI4FFICER DPR 715 (a)'") 0 0 COMMUNITY PARKLANDS ACT OF 1986 Project Agreement Special Provisions General Provisions A. This contract incorporates by reference the application submitted by the Grant Recipient for the grant funds shown on Page 1 in fiscal year B. Definitions 1. The term "State" as used herein means the California State Department of Parks and Recreation. 2. The term "Act" as used herein means the Community Parklands Act of 1986. 3. The term "Project' as used herein means the projectls) described in the application(s) for grant funds. 4. The term "Grant Recipient' as used herein means the party described as Grant Recipient on Page 1 of this agreement. C. Eligible Facilities The grant funds authorized for the program may be expended by the Grant Recipient for any of the following Purposes or any combination thereof: 1. The rehabilitation, improvement, or restoration of deteriorated roads, utilities, and other structures and facilities within existing parks and recreational areas. 2. Neighborhood, community, and regional parks. 3. Beaches and public accessways to beeches. 4. Historical sites and structures. 5. Recreational areas and facilities. 6. Hiking, bicycling, and equestrian trails. 7. Development rights and scenic easements in connection with any acquisition made for any purpose specified in subdivisions (2) to (6), inclusive, so long u the right or easement directly enhances the enjoyment or usefulness of the acquisition. D. Acquisition 1. Grants that are wholly or partially for the acquisition of real property shall be made on the basis of 75 percent State funds and 25 percent local matching funds or property donated to be part of the project. The Grant Recipient shall certify to the Department that there Is available, or will become available prior to the commencement of any work on the project, matching funds or property in the required amount from a nonstate source. Certification of the source and amount or value shall be set forth in the application. E. Project Execution 1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Grant Recipient 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 carrying out the purposes as set forth in the Projects) Application(s) and under the terms and conditions set forth in this agreement. Grant Recipient agrees to assume any obligation to furnish any additional funds that may be necessary to complete the Projectls). Any modification or alteration in the Project(s) as set forth in the application(s) on file with the State must be submitted to the State for approval. 2. The Grant Recipient agrees to complete the Project(s) in accordance with the time of project performance set forth on Page 1, and under the terms and conditions of this agreement. 3. If the Project(s) includes development, the Certification for Development Projects form must be submitted to the State before construction. 4. The Grant Recipient shall permit periodic site visits by the State to determine if development work is in accordance with the agreement, including a final inspection upon Project completion. 5. Grant Recipient in acquiring real property, the eligible cost of which is to be reimbursed with grant moneys under thisagree- ment, shall comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Code and any applicable federal, state, or local laws or ordinances. Documentation of such compliance will be made available for review by the State upon request. 6. Grant Recipient agrees to furnish State the Acquisition Certification Form before finalizing acquisition. DPR 745 A (8/86) - - F. Grant Fund Disbursements The Grant moneys to be provided Grant Recipient under this agreement may be disbursed as follows: If the Project includes acquisition of real property, the State may disburse to Grant Recipient the grant moneys as follows, but not to exceed in any event the State grant amount set forth on Page 1 of this agreement. When acquisition is through negotiated purchase, State may disburse the amount of the State approved purchase price together with State approved costs of acquisition. b. When acquisition is through 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. In the event Grant Recipient abandons such eminent domain proceedings, Grant Recipient agrees to bear all costs in connection therewith and that no grant moneys shall be disbursed for such costs. 2. State may disburse up to 90% of the State grant amount set forth on Page 1 of this agreement upon full execution of the agreement for each individual project when the project is ready to commence. 3. The Grant Recipient shall use any moneys advanced by the State under the terms of this agreement solely for the Projectlsl described in the appiication(s) submitted for grant funds. 4. If grant moneys are advanced, the Grant Recipient should place such 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(s) or end of the Project performance period, whichever is earlier. 5. If the Project includes development, after completion of the Project(s) or any phase or unit thereof, State may disburse to Grant Recipient upon receipt and approval by State of the payment request form showing incurred costs from Grant Recipient, the amount of such incurred costs shown on such statement, not to exceed the State grant amount to the extent of,such statement. State may disburse up to 100% of the State grant amount allocated for development for each Individual project, but will retain up to 10% of the total grant amount shown on Page 1 of this agreement until the project or projects are complete. No more than 20% of the grant amount allocated to an Individual project may be used for non -construction costs. Indirect costs aro not eligible. G. Project Administration The Grant Recipient shall promptly submit reports as the State may request. Income earned by the Grant Recipient from a State approved non -recreational use on a grant project(s) shall be used for recreational purposes at the grant project(s) or, if approved by the State, for recreational purposes within the Grant Recipient's jurisdiction. H. Project Termination 1. The Grant Recipient may unilaterally rescind this agreement at any time prior to the commencement of a Project. After Project commencement this agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Grant Recipient to comply with the terms of this agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure of the Grant Recipient to comply with the terms of this agreement 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 Grant Recipient. In such case, any amount required to settle at minimum cost any Irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement. 4. Because the benefit to be derived by the State, from the full compliance by the Grant Recipient with the terms of this agreement, is the preservation, protection and net increase in the quantity and quality of beeches, parks, public recreation facilities and historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unescartainable extent the amount of money furnished by the State by way of grant moneys uder the terms of this agreement, the Grant Recipient agrees that payment by the Grant Recipient to the State of an amount equal to the amount of the grant moneys disbursed under this agreement by the State would be inadequate compensation to the State for any breech by the Grant Recipient of this agreement. The Grant Recipient further agrees therefore, that the appropriate remedy in the event of a breech by the Grant Recipient of this agreement shall be the specific performance of this agreement. Hold Harmless 1. Grant Recipient hereby waives 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 agreement except claims arising from the concurrent or sole negligence of State, its officers, agents, and employees. 0 0 2. Grant Recipient 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(s) which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers, agents, or employees. 3. In the event State is named as codefendant under the provisions of Government Code Section 895 at seq., the Grant Recipient 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 beer Its own litigation costs, expenses, and attorney's fees. 4. In the event of judgment entered against State and Grant Recipient because of the concurrent negligence of State and Grant Recipient, 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. J. Financial Records The Grant Recipient shall maintain satisfactory financial accounts, documents and records for the Project and shall make them available to the State for auditing at reasonable times. Such accounts, documents and records shall be retained by the Grant Recipient for three years following Project termination or completion. 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 agreement or matters related thereto. Grant Recipient shall maintain and make available for inspection by State accurate records of ail of in costs, disbursements and receipts with respect to its activities under this agreement. 2. The Grant Recipient may use any generally accepted accounting system. K. Use of Facilities Any property acquired or developed with grant moneys under this agreement shall be used by the Grant Recipient only for the purpose for which the State Grant moneys were requested and no other use of the area shall be permitted except by specific act of the legislature. 2. The Grant Recipient agrees to 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. L. Nondiscrimination The Grant Recipient 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 agreement. 2. The Grant Recipient 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 agreement.