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1980-0820_CALIF DEPT OF PARKS & RECREATION_Project AgreementProject Title Participant STATE OF CALIFORNIA Department of Parks and Recreation PROJECT AGREDAENT Land and Water Conservation Fund Program Los 7.ios Park fAcnuisition Cit'; of San yuan Capistrano Project Period 7/11/"0 to (,/30/",2 Project Number Or-00?39 Project Scope: The City of Sar. Juan Capistrano will acquire approximately 9.1,1 acres of land in soutcern Oranp,e County as an outdoor recreation park site. The City agrees to submit a pre- t;tle report ^<3 rrprcisal report for tle rro�ect C Stage Covered by t^is :.gree=ent Project Cost: Total Estimated Direct Project Cost (as shown in project proposal) Amount of Line (1) subject to surcharge Surcharge --State Administrative Assessment 1.6 % of Line (2) (subject to adjustment, see Paragraph 2, Page 4) Total Project Costs Eligible for Federal Funding (Line 1 plus Line 3) Federal Participation --up to 50% of Line (4), or up to 50°'b of actual costs, whichever is the lesser, not to exceed: Continued on are 6 pages numbered 2 through 7 inclusively. STATE DEPARTY..NT OF PARKS AND RECTION By z Date y /, 2 ) V G $ 0'1,319 (1) $ 492,126 (2) $ 7,274 (3) $ 9%9,193 (4) $ 250,000 (5) city of San Juan Capistrano PARTICIPANT James S. Mocalis City Manager e August 20, 1980 By Title _ Date (6/79) State of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION CERTIFICATION OF FUNDING f'.ONTRACT NUMBER FUND Lmd it Yit4w _ AMOUNT OF THIS ESTIMATE APPROPRIATION lrwl j et #"_00 39 s M&OW000 UNENCUMBERED BALANCE ITEM CHAPTER STATUTES FISCAL YEAR 7 ADJ. INCREASING ENCUM- FUNCTION ... ' BRANCE ADJ. DECREASING ENCUM- LINE ITEM ALLOTMENT ' $RANGE � CM170 KID 1 Hereby Certify on my ersonal knowledge bgdgeted funds T.B.A. NUMBER B.R. NUMBER are available fo is enc nce. Off SIGNATVPjVJFjACjQW14TING OWICER e I Date Z ZA DPR 526 (6/73) LAND AND WATER CONSERVATION FUND PROJECT AGREEMENT Definitions A. The term "HCRS" as used herein means the Heritage Conservation and Recreation Service, United States Department of the Interior. B. The term "Director" as used herein means the Director of the Heritage Conservation and R"mmlon Service, or any representative lawfully delegated the authority to act for such Director. C. The term "Liaison Officer" as used herein means the California Director of Parks and Recreation, or other State officer as designated by the Governor from time to time and authorized by the State Legislature. D. The term "Manual" as wed herein means the Heritage Conservation and Recreation Service Manual, formerly the Bureau of Outdoor Recreation Manual (Outdoor Recreation Grants -in -Aid Manual). E. The term "Projam," as used herein means the project or project segment which is the subject of this agreement as defined in the Project Proposal. _ F. The term "Project Proposal" as used herein means the form and all supplemental attachments used to describe and estimate the cost of a planning, acquisition, or development project filed with the Liaison Officer in support of an application for federal financial assistance. G. The tarts "State" w wad herein means the State of California, and/or its official representative, the Department of Parks and Recreation. H. The term "Participant" as used herein means the recipient of the federal funds to be disbursed in accordance with the terms of this agreement. I. The term "State Funds" es wed herein means than moneys made available by the State as matching money for pro- jects under the Land and Water Conservation Fund Act of 1966, 78 Stet. 897 (1964). 11. Continuing Assurances; The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistanu project creates an obligation to maintain the property described in the project agreement consistent with the Land and Water Con- servation Fund Act and the following requirements. Further, it is the acknowledged intent of the parties hereto that recipients of assistance will use moneys granted hereundw for . the purposes of this program, and that assistance granted from the Fund will result in anet increase, commensurate at least with the State con -share, in a participant's outdoor recreation. It is intended by both parties hereto that aesinaN'x from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A. The participant agrees, as recipient of this assistance, that it will meet the following specific requirements and the terms of the project agreement. S. The participant agrees that the property described in the project agreement and the dated Project boundary map made Pon of that agreement is being acquired or developed with Land and Water Conservation Fund assistance or is integral to such acquisition or development, and that, without the approval of the Liaison Officer, the Oirector, and/or the Secretary of the Interior, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulnese and location. This replacement land becomes subject to Section 6(f)13) protection. The approval of conversion shall be at the sole discretion of the Secretary, or his design". Prior to the completion of this project, the participant, the Liaison Officer, and the Director may mutually alter the area described in the project agreement and the dated project boundary map to provide the mos[ satisfactory public outdoor recreation unit, excapt that acquired parcels aro afforded Section 6(f)(3) protection as Fund reimbursement is provided. In the event the HCRS provides land and Water Conservation Fund assistance for the acquisition and/or development of property subject to rwanionary interests with full knowledge of those reversionary interests, conversion of said property to other public outdoor recreation uses n a result of such reversionary interest being exercised is approved. In receipt of this approval, the participant agrees to notify the State of the conversion as soon as possible and to seek approval of replacement property in accord with the conditions set form in these provisions. The participant further agrees to effectuate such replacement within a reasonable period of time, acceptable to the Stan, after the conversion of property takes petro. The provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Stan; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Stan. 2 C. The participant agrees that the oanefit to be derived by the State from the full compliance by the participant with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and resources which am available to the people of the State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of assistance under the terms of this agreement. The Participant agrees that payment by the Participant to the State of an amount equal to the amount of assistance extended under this agreement by the State would be inadequate compensation to the State for any breach by the participant of this agreement. The participant further agrees, that the appropriate remedy in the event of a breach by the participant of this agreement shall be the specific performance of this agreement. 0. The Participant agrees to comply with the policies and procedures set forth in the Heritage Conservation and Rec- reation Service (HORS) Gmnta-in-Aid Manual. Provisions of said Manual are incorporated into and made a part of the project agreement. E. The Participant agrees that the property and facilities described in the project agreement shall be operated and main. tained as prescribed by Manual requirements. F. The Participant agrees that a permanent record shall be kept in the participant's public property records and available for public inspection to the affect that the property described in the scope of the project agreement, and the dated Project boundary map made part of that agreement, has been acquired or developed with land and Water Conservation Fund agistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the liaison Officer, the Oinsi tor, and/or the Secretary of the Interior. G. Nondiscrimination 1. The Participant shall comply with Title VI of the Civil Rights Act of 19641P.1.-88-3521 and in accordance with Title VI of that Act, no person in the United States shall, on the ground of race, religion, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of any property or facility acquired or developed pursuant to the project agreement. The participant shall immediately take any measures necessary to effectuate this provision. This assurance shall be binding on the Participant or any political subdivision or other appropriate public agency to which Fund assistance or property acquired or developed with Fund assistance has been transferred for public recreation purposes. 2. The Participant shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 20004) prohibiting am. ployment discrimination where (1) the primary purpose of a grant Is to provide employment of (2) discrim-inatory employment practices will result in unequal treatment of persons who are or should be bene- fitting from the grant -aided activity. 3. The participant shall comply with the regulations and guidelines promulgated pursuant to the Civil Rights Act of 1964 by the Secretary of the Interior and the Heritage Comervation and Recreation Service. 4. The provisions of the first three paragraphs apply to any part of the recreation system within which the assisted facility or property exists. 5. The participant shall not discriminate against any person on the basis of residence, except to the extent that reasonable diffemni in admission or other fees may be maintained on the basis of residence as set forth in the Manual. I It. Project Assurenw A. Applicable Federal Circulars The Participant shell comply with applicable regulations, policies, guidelines and requirements including Office of Management and Budget Circulars No. A-95 (Evaluation, review, and coordination of federal assistance programs and projects) and A-102 (Uniform administrative requirements for gmnts-in­eid to state and local governments) and FMC 74.4 (Cost Principles applicable to grans and contracts with state and local governments) as they relate to the appli- cation, acceptance and use of federal funds for this federally assisted project. B. Project Proposal 1. The project proposal for State assistance bearing the same project number as the agreement and associated documents is by this reference made a pact of the agreement. 2. The Participant possesus legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the project proposal, including all undentandings and assurances contained therein, and dimtting and authorizing the person identified as the official representative of the participant to act in connection with the project Proposal and to provide such additional information as may be required. 3. The participant has the ability and intention to finance the non4tate sham of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. 3 C. Project Execution 1. It is understood by the parties hereto that this agreement shall not obligate State of California funds for the project coag described herein. The participant hereby promises, in consideration of the promises made by the Liaison Officer herein, to execute the project stage described herein, in accordance with the terms of this agree- ment. Any disbursement hereunder shall not be made unless and until funds therefor are received by the Liaison Officer from the Heritage Conservation and Recreation Service. This item shall not apply when the participant is an agency of the State of California. 2. The Liaison Officer hereby promises, in consideration of the promises made by the participant herein, to accept appropriated federal funds for the purposes of the project and disburse the same to reimburse the participant up to 50 percent of the eligible project cost not to exceed 50 percent of the direct project cost shown in this agreement; except for a surcharge for administrative torts to be applied to twice the federal share of direct eligible project costs. The surcharge is to be deducted from the reimbursements received from the Federal Government applicable to this project and will be computed at the federally approved surcharge rate in effect at the time the billing is submitted to the Federal Government. 3. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver of retroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project period shall and on the date of completion or termination. For project elements added to a consolidated project, the project period will begin on the date the project element is approved. 4. The participant will cause work on the project to be Commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. S. The participant will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by, the Physically Handicapped:' Number A117.1-161, as modified (41 CFR 101-17.703). The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. S. The participant shall secure completion of the work in accordance with approved construction plans and am. ifications, and shall secure compliance with all applicable federal, state, local laws and regulations. 7. In the event the project covered by the project agreement, including future stages of the project, cannot be completed in accordance with the plans and specifications for the project; the participant shall bring the project to a point of recreational usefulness agreed upon by the participant and, the Director or his designee, and the Liaison Officer. 8. The participant will provide for and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress reports and such other information as the HCAS may require. 9. The participant will comply with the temp of Title I I and Title 111, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91.646), 94 Stat. 1894 (1970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 10. The participant will comply with the provisions of; Executive Order 11988, relining to evaluation of flood hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution, and Executive Order 11990, relating to the protection of wetlands. 11. The participant will comply with the flood insurance purchase requiremems of Section 102(al of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102fa) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Develop- ment as an arae having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect federal assistance. 12. The participant will ineure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Vio- lating Facilities, pursuant to 40 CFR, Pan 15.20 and that it will notify the State and HCAS of the receipt of any communication from the Director of the EPA Office of Federal Amities indicating that a facility to be utilized in the project is under consideration for listing by the EPA. The participant agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970. The participant further agrees to insert this clause into any contract or subcontract in excess of $100,000. 13. The participant will min the State and HCRS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 4701, Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469e4 at saq.) by (a) consulting with the State Historic Pres. 4 ervation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see 38 CFR Pan (800.8) by the activity, and notifying the federal grantor agency of the existence of any such properties, and by (bl complying with all requirements established by the federal grantor agency to avoid or mitigate adverse effects upon such Properties. 0. Construction Contracted for by the Participant Shall Most the Following Requirsments: 1. Contracts for construction in excess of $10,000 shall be awarded through a process of competitive bidding involving formal advertising, with adequate purchase description, sealed bids, and public openings. Copies of all advertisements, bids, and a copy of the contract shall be retained for inspection by the Director and the State. 2. The participant shall inform all bidden on contracts for construction that federal funds are being used to Salol in construction. 3. Written change Orden shall be issued for all necusery changes in the facility being constructed under contracts of $10,000 or mon. Such change Orden shall be made a part of the project file and should be kept available for audit. 4. Contracts for construction shall include a provision for compliance with the Copeland "Anti -Kickback' Act (18 U.S.C. 874) as supplemented by Department of Labor regulations (29 CFR, Part 3). 5. The participant will comply with other procurement standards of OMB Circular A-102, Attachment O, except for provisions related to compliance with Davis Bacon Act requirements (unless required by a program providing supplemental funding). Should supplemental funding be provided which requires compliance with Davis Bacon Act requirements, all construction contrects awarded by the grantee and subgrantee in excess of $2.000 shall include a provision for compliance with such Act (40 U.S.C. 276e to a-71 and as supplemented by Department of Labor regulations 129 CFR, Part 5). 6. The participant shall incorporate, or cause to be incorporated, into all construction contracts exceeding $10,000 sten-thousand), the following provisions: "During the performance of this contract, the contractor agrees as follows "(1) The contractor will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national orign. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or natlonaV orgin, Such action shall include, but not be limited to, the following: Employment; upgrading; demo- tion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to Post in con- spicuous places, available to employees and applicants for employment, notion to be provided by the contra- cting officer setting forth the provisions of this nondiscrimination clause. '921 The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will retaive consideration for employment without regard to race, religion, color, sex, or national origin. "(3) The contractor will sand to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 as amended (3 CFR 169 (19741), and shall post copies of notices in conspicuous pieces aveilable to employees and applicants for employment. '941 The contractor will comply with all provisions of Executive Order No. 11246. as amended, and the rules, regulations, and relevant orders of the Secretary of Labor. "(5) The contractor will furnish all information and reports required by Executive Order No. 11246, a a- mended, and by the ruins, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit assess to his books, records, and accounts by the contracting agency, the State, and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and Orden. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this commict or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246, as amended, and such other sanctions may be imposed and remedies invoked a provided in Executive Order No. 11246, as amended, or by rules, regulations, or Orden of the Secretary of Labor, or as otherwise provided by law. "(71 The contractor will include the provisions of Paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or Orden of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246, as amended, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the con- tracting agency may direct a a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 5 The participant shall (1) comply with the above provisions in construction work carried out by itself, 12) assist and cooperate actively with the Secretary of the Interior and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the above contract provisions and with the rules, regulations, and rel- evant orders of the Secretary of Labor, (3) obtain and furnish to the Secretary of the Interior and to the Sec- retary of Labor such information as they may require for the supervision of such compliance, (41 enforce the Obligation of contractors and subcontractors under such provisions, rules, regulations, and orders, (5) carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the State, or the Secretary of Labor, or the Secretary of the Interior pursuant to Part 11, Subpart 0, of Executive Order No. 11246, as amended, and (6) refrain from entering into any contract with a contractor debarred from Government contracts under Part II, Subpart D. of Executive Order No. 11246, as amended. In addition, the participant agrees that if it fails or refuses to comply with than undertakings, the HCRS may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant: refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant: and refer the can to the Department of Justice for appropriate legal proceedings. E. Conflict of Interests 1 . No official or employee of the participant, State, or Federal Government who is authorized in his official cepaC- ity to negotiate, make, accept, or approve, or to take part in such decisions regarding a contract or subcontract in connection with this project shall have any financial or other personal interest in any such contract or sub- contract. 2. No person performing services for the participant in connection with this project shall have a financial or other personal interest other than his employment or retention by the participant, in any contract or subcontract in connection with this project. No officer or employee of such person retained by the participant shall have any financial or other personal interest in any real property acquired for this project union such interest is openly disclosed upon the public records of the participant, and such officer, employes or person has not participated in the acquisition for or on behalf of the participant. 3. No member of or delegate to Congress shall be admitted to any share or part of this agreement, or to any benefit to arise hereupon, union such benefit shell be in the form of an agreement made with a corporation for its general benefit. 4. The participant, State, and the Director shall be responsible for enforcing the above conflict of interest provi- sions. F. Hatch Act The participant will comply with the provisions of the Hatch Act which provides that no officer or employee of the participant whose principal employment is in connection with any activity which is financed in whole or in part pur- suant to this agreement shall take part in any of the political activity prescribed in the Hatch Political Activity Act Act, 5 U.S.C. Sec. 118k (19641, with the exceptions therein enumerated. G. Project Costs Project com eligible for assistance shall be determined upon the basis of the criteria set forth in the Manual and FMC 744. 2. The agreement may include the use of the indirect con rate currently approved, in accordance with FMC 744, for the participant that is a party to this agreement. H. Project Administration 1. The participant shall promptly submit such reports and documentation as the Director or Liaison Officer may request. 2. Any moneys advanced to the participant are "public moneys" and shall be deposited in a bank with FDIC insurance coverage and the Glances exceeding the FDIC coverage shall be collaterally secured as provided for in 12 U.S.C. 265. 3. The participant shall use any funds received by way of advance payment from the State under the terms of this agreement solely for the project or project stage described in the agreement. 4. Properties and facilities acquired or developed with Fund assistance shall be available for inspection by the State or the HCRS at such insai as the Liaison Officer or the Director shall require. Retention and Custodial Requirements for Records Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall G retained for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditure report for the project or the consolidated project element. ri 3. State and local governments are authorized to substitute microfilm copies in lieu of original records. 4. The Usison Officer, Secretary of the Interior, and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the pan c- ipant and their subgrantess which are pertinent to a specific project for the purpose of making audit, exam- ination, experts" and transcripts. J. Project Termination 1. The Uaison Officer of the Director may temporarily suspend State assistance under the project pending correc. tive action by the participant or pending a decision to terminate the grant by the HCRS or the State. 2. The participant may unilaterally terminate the project or consolidated project element at any time prior to the first payment on the project or consolidated project element. After the initial payment, the project may be terminated, modified, or amended by the participam only by mutual agreement. 3. The Liaison Officer or the Director may terminate the project in whole, or in Pert, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Liaison Officer or Director will promptly notify the participant in writing of the determination and the reasons for the termination, together with the effective date. Payments made to the participant or recoveries by the State under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. 4. The Dlracror, State, or participant, may terminate grants in whole, or in part at any time before the cane of completion, when both parties agree that the continuation of the project would not produce beneficial results cotnmentureta with the further expenditure of funds. The two parties shall agree upon the termination con- ditions, including the effective date and, in the can of partial termination conditions, including the effective date and, in the use of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The State may allow full credit to the participant for the state share of the noncancellable obliga- tions, Properly incurred by the grantee prior to termination. S. Termination either for cause or for convenience requires that the project in question be brought to a state of reereationst usefulness agreed upon by the Participant, the Liaison Officer, or the Director, or that all funds provided by the Heritage Conservation and Recreation Service be returned. K. Fund Acknowledgment The participant will permanently display in a conspicuow place a bronze plaque which acknowledges Land and Water Conservation Fund assistance. The plaque will be provided by the State Department of Parks and Recreation and its Installation by the participant will be required upon initial development of the property. L. Hold Harmless The participant shall indemnify the State of California and its officers, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly, the organization, development, construction, operation, or maintenance of the project. 7