HomeMy WebLinkAboutCALIFORNIA, STATE OF - DEPARTMENT OF PARKS AND RECREATION 4 - 2007
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GRANTEE
A-2007 -293
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State of Callfomlll - The Resourc:es Agency
Department of Parks and Recreation
GRANT CONTRACT
INSURANC~ NOT R-QUIRED
WORf< M\ f PROCEED
CLERK OF COUNCIL
DATE! .;1-;<1- 0 S'
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Recreational Trails Program
City of Santa Ana
PROJECT NUMBER RT-30-019
PROJECT TITLE FAIRVIEW TRIANGLE HABITAT RESTORATION
December 05,2007 thru June 30. 2012
PROJECT PERFORMANCE PERIOD is from
Under the terms and conditions of this agreement, the applicant 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
A development project 10 develop an approximately 20,250 sq ft portion alongside the Santa Ana River Trail into a trailside rest area to include
iandscaping and irrigation system, grading, concrete ps\A.ng, seating, bicycle racks, a drinking fountain and interpretive signage.
Total State Grant not to exceed
$132,000.00
OR 80% of the eligible Project costs whichever is less.
The General and Special Provisions attached are made a part
of and Incorporated into the Contract.
City of Santa Ana
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Address
Title
Date
, CQNTRA.CT NO
C8519044
Grantee
Gerardo Mouet
=:2-d name of Authoriz Re",esentative
Signature of uthorized Representative
Santa Ana, CA 92701
Exec,.ti"Q llire",ter, Parl<"" Ree. &
Corom. Svcs. Agency
112/08
CERTIFICATION OF FUNDING
AMENDtvENT NO
CALSTARS VENDOR NO.
000000434200 '
FUND.
Recreational Trails Fund ~./'
ITEM
I PROJECT NO.
RT-30-019
AMOUNT ENCUMBERED BY THIS DOCUMENT
$132.000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
CONTRACT
CHAPTER
38
F !SeAL YEAR
2007/08
PROJECT I waRK PHASE
091022-00
$132,000.00
INDEX.
1091
3790-101-0858 .
OBJ. EXPEND
702
PCA.
6B614
TOTAL AMOUNT ENCUMBERED TO DATE
I
T.BA NO.
BR.NO.
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I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
ACCOUNTING 0
G'Gl,tiCL
. J
I(%b
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
)2ECREATIONAL TRAILS PROGRAM
Special Provisions
Grant Recipient agrees that lands acquired with grant moneys shall not be acquired through the
use of eminent domain
GENERAL PROVISIONS
A. Definitions
1. The term "State" as used herein means the California State Department of Pazks and Recreation.
2. The term "Act" as used herein means the Transportational Equity Act For The 21 a Century.
~ 3. The term "Project" as used herein means the project which is described on page I of this conhact
4. The term "Grant Recipient" as used herein means the party described as grant recipient 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 Recreational Trailt Program.
B. ProjectEsecution
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 (or 80% of the project costs,
whichever is less) in consideration of and on condition that the sum be expended in carrying out the
purposes as set forth ins the Description of Project on page 1 and under the terms and conditions set
forth in this contract
Grant Recipient agrees to assume aay 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. Grant Recipient agrees to comg~lete 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. Grant Recipient shall coarply as lead agenry with the California Environmental Quality Act (Public
Resources. Code, Section 21,000 et seq. and the National Environmental Policy Act
4. Grant Recipient agrees to permit periodic she visits by the State including a final inspection upon
Project completion.
ru ~cno~ne c-rerc cAak.c _ I nr.Al ARFISTANCE SECT}ON PAGE 23
5. Grant Recipient agrees to submit all significant deviations from the Project to the State for prior
approval.
6. If the Project includes acquisition of real property, Grant Recipient agrees to comply with Chapter 16
(wmmencing with Section 7260 et seq.) and any applicable federal, state, or local laws or ordinances.
Documentation of such compliance will be made available for review upon request by the State.
7. Grant Recipient agrees to provide for reasonable public access to lands acquired in fee with grant moneys
except where that access may interfere with habitat protection.
C. Project Costs
The grant moneys to be provided Grant Recipient under this contract maybe disbursed as follows:
1. If the Project includes acquisition of real property, the State may disburse the amount of the State
approved purchase price together with Statb approved costs of acquisition, but not to exceed in any
event the grant amount set forth on page 1 of this contract
..+~
2. If the Project includes development, completion of the Project or any phase or unit thereof; State may
disburse to Grant recipient upon receipt and approval by State of a statement of incurred costs from
Grant Recipient, the aunt of such approved incurred costs shown on such statement, not to exceed the
State grant amount set forth on page 1 of this contracS (or 80% of the project costs, whichever is less) or
any remaining portion of such grant amount to the extent of such statement .
The statements to be submitted by Grant Recipient shall set forth in detail the incurred or estimated cost ~
of work performed or to be performed on development of the Project and whether performance will be
by conslnretion wniract or by force account Statements shall not be submitted snore frequently than
ninety-day periods unless otherwise requested by State.
D. Project Costs
Grant Recipient agrees to prompfly submit such reports as the State may request
1n any event Grant Recipient shall provide State a report showing total final Project expenditures.
2. Grant Recipient agrees that property and facilities acquired or developed pursuant to this contract shall
be available for inspection upon request by the State.
3. Grant Recipient agrees that income earned by the Grant Recipient from a State approved non-
recreationaluse on dre Project shall be used for recreational purposes at dre project, or, if approved by
State, for recreational purposes within the Grant RecipienPs jurisdiction.
E. Project Termination
Grant Recipient may unilaterally rescind this contract at any time prior to the commencement of the
Proj xt After Project co++++*+e++~ement this contract may be rescinded, modified or amended by mutual
agreement in writing.
2. Failme by Grant Recipient to comply with the terms of this wntraet or any other conhact under the Act
maybe cause for suspension of all obligations of the State hereunder.
3. Failure of the Grant Recipient to comply with the terms of this contract shall not be cause for the
CALIFOF2NIA STATE PARKS -LOCAL ASSISTANCE SECTION PAGE 24
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suspension of all obligations of the State hereunder if in the judgement 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 contract
4.
Because the benefit to be derived by the State, from the full compliance by the Grant Recipient 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 contract, the Grant
Recipient agrees that payment by the Grant Recipient to the State of an amount equal to the amount of
the moneys disbursed under this contract by the State would be inadequate compensation to the State for
any breach by the Grant Recipient of this contract The applicant further agrees therefore, that the
appropriate remedy in the event of a breach by the Grant Recipient of this contract shall be the specific
performance of this contract, unless otherwise agreed to by the State.
5.
Grant recipient agrees that if the Project includes development, final payment may not be made until the
Project conforms substantially with this contract and is a usable recreation facility.
F. Hold Harmless
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1 . Grant Recipient agrees to 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.
Grant Recipient agrees to indemnify, hold harmless and defend State, Rs 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 descnbed as the
Project 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. Grant Recipient agrees that in the event State is named as codefendant under the provisions of
Government Code section 895 et 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 bear its own litigation.costs, expenses,. and attorney's fees.
4. Grant Recipient and State agrees that in the event of judgment entered against the State and Grant
. Recipient because of the concurrent negligence of the State and Grant Recipient, their officers, agents,
or employees, an apportionment of liability to pay such judgement shall be made by a court of
competent jurisdiction. Neither party shall request a jury appointment.
5. Grant Recipient agrees to indemnify, hold harmless and defend the State, its officers, agents and
employees against all claims, demands, costs, expenses or liability costs arising out oflegal actions
pursuant to items to which the Grant Recipient has certified. Grant Recipient acknowledges that ft is
solely responsible for compliance with Items to which R has certified.
G. Financial Record,
1.
Grant Recipient agrees to maintain satisfactory financial accouots, documents and records for the
Project and to make them available to the State for auditing at reasonable times. Grant Recipient
also agrees to retain such financial accounts, documents and records for three years following project
terminstion or completion.
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Grant Recipient and State agree iliat during 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. Grant Recipient
agrees to 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. Grant Recipient agrees to use a generally accepted accounting system.
H. Use of Facilities
1 . Grant Recipient agrees iliat the property acquired or developed with grant moneys under this
contract shall be used by the Grant Recipient only for the purpose for which the grant moneys were
requested and no other use of the area shall be permitted except by specific act of the Legislature.
2. Grant Recipient agrees to maintain and operate the property acquired, developed, rehabilitated or
restored with grant monies in perpetuity subject to the provisions of the National Recreational Trails
Fund Act With the approval of State, the grant recipient or its successors in interest in the property
may transfer the responsibility to maintain and operate the property in accordance with Section
5919.
L Non~'crinllnation
..:v"'"1'",;i
1.
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 of facility acquired or
developed pursuant to this contract
....;
2. The Grant Recipient shall not discriminate against any person on the basis ofresidence except to the
extent iliat reasonable differences in admission or other fees may be m.in..ined 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 contract
J. Application Incorporation
The Application and any subsequent change or addition llpP,roved by the State is hereby incorporated in this contract
as thongh set forth in full in this contract .
K. Severability
If any provision of this contract or 1I1e application 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 t1:rls contract are severable.
.;
r"AIII="'Q>~llL C::::TA~ PARK1=; -lDCALASSISTANCESECTION
PAGE 26
AUDIT CHECKLIST
An audit of the project may be performed. The grantee must retain and make available ali project related records for a
minimum of three years foliowing project termination or final payment of grant funds. Listed below are some of the items
"",he auditor will examine during the review of your records as applicable. It is 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
MINOR CONTRACTS/MA TERIALS/SERVICES/EQUIPMENT
RENTALS
Summary list of bidders (includin9 individual bid
packages)
Recommendation by reviewer of bids
Awarding by governing body (minutes of the
meeting/resolution)
Purchase orders/Contracts/Service Agreements
Invoices
Payments (actual cancelied checks/warrants")
Construction contract agreement
ACQUISITION
Contract bonds (bid, performance, payment)
Appraisal Report
Contract change orders
Contractor's progress billings
Payments to contractor (cancelied checks/warrants")
Did the owner accompany the appraiser?
Stop Notices (filed by sub-contractors and release if
applicable)
10 year history
Statement of just compensation (signed by seiler)
Statement of difference (if purchased above
appraisal)
Liquidated damages (claimed against the contractor)
Waiver of just compensation (if purchased below
appraisal: signed by seiler)
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Notice of completion (recorded)
Final Escrow Closing Statement
Authorization/work order identifying project
Daiiy time sheets signed by employee and supervisor
Canceiled checkslwarrants (payment(s) to seiler(s))
Grant deed (vested to the participant) or final order of
condemnation
FORCE LABOR'
Title insurance poiicy (issued to participant)
Hourly rate (salary schedules/payroil register)
Fringe benefits (provide breakdown)
Reiocation documents
Income (rental, grazing, sale of improvements, etc.)
IN-HOUSE EQUIPMENT'
INTEREST
Authorization/work order
Hourly rate related backup documents
Scheduie 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 ailocated back to the grant fund.
Daily time records identifying the project site
AGREEMENT/CONTRACTS
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.
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Revised 1/12/2006
(i'
_ .~. State of California. The Resources Agency Arnold Schwarzenegger, Governor
. """".: . DEPARTMENT OF PARKS AND RECREATION. P.O. Box 942896. Sacramento, CA 94296"0001 Ruth Coleman, Director
916-653-7423
.......
February 7, 2008
Gerardo Mouet
Executive Director
City of Santa Ana. Parks, Recreation
& Community Services
P.O. Box 1988
Santa Ana, CA 92701
Re: Project Name:
Program Name:
Project Number:
Contract Number:
Fairview Triangle Habitat Restoration
Recreational Trails Program
RT-30-019
C8519044
Dear Gerardo Mouet,
Enclosed for your files is a copy of a fully executed contract for the above referenced project.
Refer to your procedural guide for grant process information. Please remember that you must
comply with all applicable state and federal laws and regulations including, but not limited to,
legal requirements for construction contracts, building codes, health and safety codes, and the
laws and codes pertaining to individuals with disabilities.
"'"
If you have any questions, please contact me at (916) 651-8578 or email me at
jdclarke@parks.ca.gov.
(.
~_.-.-,~
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Enclosure
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RESOLUTION NO. 2007- 007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING THE APPLICATION FOR
GRANT FUNDS FROM THE RECREATIONAL TRAILS
PROGRAM FOR THE ENHANCEMENT OF THE FAIRVIEW
TRIANGLE ADJACENT TO THE SANTA ANA RIVER
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Jx,12/26106
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows.
A. The ;'Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
legacy for Users", provides funds to the State of California for grants to state, local and
non-profit organizations to acquire, develop and/or maintain motorized and non-
motorized trails; and
B. The State Department of Parks and Recreation has been delegated the
responsibility for the administration of the program within the State, setting up
necessary procedures governing project application under the program; and
C. Said procedures established by the State Department of Parks and
Recreation require the City of Santa Ana to certify by resolution the approval of
application(s) before submission of said application(s) to the State; and
D. The City of Santa Ana will enter into an Agreement with the State of
California to complete the project(s).
Section 2. The City Council approves the submittal of an application for
$132.DOD in grant funds through the Recreational Trails Program to develop the
FaiNiew Triangle area of the Santa Ana River Vision Plan into a trail rest stop. The
project will include installation of a drip irrigation system, native landscaping and site
amenities inciuding benches, a bike rack and signage; and
Section 3. The City Council certifies that it has reviewed, understands, and
agrees to the General Provisions contained in the Contract shown in the Procedural
Guide; and
Section 4. The City Council certifies that the City has or will have available
prior to commencement of any work on the project(s) included in this application,
sufficient funds to operate and maintain the project(s); and
Section 5. The City Council appoints the City Manager, or the Executive
Director of the Parks, Recreation and Community SeNices Agency or his designee, as
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
Resolution No. 2007-007
Page 1 of 2
payment requests which may be necessary for the completion of the aforementioned
project
Section 6. The City Council agrees to comply with all applicable federal, state
al"1d local laws, ordinances, rules, regulations and guidelines.
ADOPTED this 2M day of January, 2007.
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
By: II.'" l.:. I..,
Laufa Sheedy .
Assistant City Attorney
AYES Councilmembers Alvarez. Benavides. Bustamante. Martinez.
Pulido. Tlnaiero. (6)
NOES. Councilmembers None (0)
ABSTAIN: Councilmembers None (0)
NOT PRESENT: Councilmembers None (0)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
I. PATRICIA E. HEALY, Clerk of the Council. do hereby attest to and certify the
attached Resolution No. 2007-007 to be the original resolution adopted by the City
Council of the City of Santa Ana on Janua 2 2007.
Patricia E. Healy
Clerk of the Council
City of Santa Ana
Date: ;/& 0 :1
Resolution No. 2007-007
Page 2 of2