HomeMy WebLinkAboutCALIFORNIA, STATE OF - DEPARTMENT OF PARKS AND RECREATION (2) Docusign Envelope ID:3COB411 B-AOAA-43C8-AF27-25BF222FBA4D
Return FULLY EXECUTED A-2023-081-01
Copy to City Clerk, M-30 State of California-Natural Resources Agency
Department of Parks and Recreation
0'r-O A( t) MAR 2 4 2026
MatoMofleg(oZ) AMENDMENT TO CONTRACT
Contract# C5055107 Amendment# 1
THIS AMENDMENT is hereby made and agreed upon by the State of California, acting
through the Director of the Department of Parks and Recreation and by the City of Santa Ana
The STATE and, City of Santa Ana in mutual consideration of the promises made herein and in
the Grant Contract in which this is an amendment, do promise as follows:
• To extend the Grant Performance Period from June 30, 2026 to June 30, 2030.
In all other respects, the Grant Contract of which this is an amendment, and the terms and
conditions if relevant thereto, shall remain in full force and effect. In witness whereof the
parties hereto have executed this amendment as of the date entered below.
STATE OF CALIFORNIA
City of Santa Ana
GRANTEE DEPARTMENT OF PARKS AND RECREATION
FZuSigned by:
gy See attached signature page gyN wt
Type or printed name of Authorized Representative s E E .-
Signature of Authorized Representative
Title City Manager
Date Date 3/25/2026
CERTIFICATION OF FUNDING
(For State Use Only)
CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D. PROJECT NO
C5055107 1 0000007014 SG-30-026
AMOUNT ENCUMBERED BY THIS FUND
DOCUMENT General Fund
0
PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCAL YEAR
CONTRACT 3790-601-0001 249 22 2025/26
$9,000,000
TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured Account/Alt Account ACTIVITY CODE PROJECTMORK
$9,000,000 37900091 5432000- 60067 PHASE
5432000000
I. RECITALS
This Grant Contract is entered into between the California Department of Parks and
Recreation (hereinafter referred to as "DEPARTMENT" or "STATE") and City of Santa Ana
(hereinafter referred to as "GRANTEE").
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "grant funds") not to
exceed $9,000,000 , subject to the terms and conditions of this AGREEMENT and the
2025/26 California State Budget, Chapter 249, statutes of 2022, Item number— 3790-601-0001
(appropriation chapter and budget item number hereinafter referred to as "SPECIFIED GRANT").
These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 01, 2022 to June 30, 2030 .
II. GENERAL PROVISIONS
A. Definitions
As used in this Grant Contract, the following words shall have the following meanings:
1. The term "APPLICATION" means the individual project APPLICATION packet for a project
pursuant to the enabling legislation and/or grant program process GUIDE requirements.
2. The term "CONTRACT PERFORMANCE PERIOD" means the duration of time during which this
Grant Contract is in effect.
3. The term "DEPARTMENT" or"STATE" means the California Department of Parks and
Recreation.
4. The term "GRANTEE" means the party described as the GRANTEE in Section I (Recitals) of
this Grant Contract.
5. The term "GRANT PERFORMANCE PERIOD" means the period of time during which eligible
costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in
the fully executed Grant Contract.
6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/COst Estimate Form
found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term "GUIDE" means the document identified as the "Procedural Guide for Local
Assistance Specified Grants." The GUIDE provides the procedures and policies controlling
the administration of the grant.
B. Project Execution
1. Subject to the availability of grant funds, the STATE hereby grants to the GRANTEE a sum of
money not to exceed the amount stated in Section I (Recitals) of this Grant Contract, in
consideration of, and on condition that, the sum be expended in carrying out the purposes
as set forth in the scope described in the enabling legislation and referenced in the
APPLICATION, Section I (Recitals) of this Grant Contract, and under the terms and conditions
set forth in this Grant Contract.
GRANTEE shall comply with all reporting obligations set forth under the ACT.
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General Fund Specified Program Grant Contract
The GRANTEE shall assume any obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE(S).
During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any proposed
change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior
approval. This applies to any and all proposed changes that will occur after STATE has
approved the APPLICATION. Changes in the GRANT SCOPE(s) must first be approved in writing
by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) In accordance with the time of the
Performance Period set forth in Section I (Recitals) of this Grant Contract, and under the
terms and conditions of this Grant Contract.
To maintain the integrity of the grant program, the GRANTEE agrees that any other project
changes or alterations which deviate from the intent of the original APPLICATION must be
submitted in writing to the STATE for prior approval.
3. For the California Environmental Quality Act, the Grantee shall file a Notice of Exemption
for the funded project, in compliance with Public Resources Code Section 21080.57.
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, including but not limited to the State Labor Code (§ 1771), the
California Fair Employment and Housing Act (FEHA) (Cal. Government Code § 12940 et
seq.), Americans With Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.), and the
California Unruh Act (California Civil Code § 51 et seq.).
C. Program GUIDES
1. GRANTEE agrees to abide by the GUIDE.
2. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures as
set forth in the GUIDE. If the STATE makes any changes to its procedures and guidelines, the
STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If grant funds are ADVANCED outside of escrow, the ADVANCED funds will be deposited into a
federally insured account. If grant funds are deposited into an interest-bearing account, it
must have the ability to track interest earned and withdrawals. Any interest earned on
ADVANCED funds must be used on the project as approved by the STATE. If grant funds are
ADVANCED and not expended, the unused portion of the grant and any interest earned shall
be returned to the STATE within 60 days after project completion or end of the GRANT
PERFORMANCE PERIOD, whichever is earlier.
2. During the GRANT PERFORMANCE PERIOD the GRANTEE shall submit written project status
reports within 30 calendar days after the STATE has made a specific request. All such project
status reports shall be signed and certified as complete and accurate by the authorized
representative of the GRANTEE. In any event, the GRANTEE shall provide the STATE a report
showing total final project expenditures within 60 days of project completion or the end of the
GRANT PERFORMANCE PERIOD, whichever is earlier. The GRANT PERFORMANCE PERIOD is
identified in Section I of this Grant Contract.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this
Grant Contract available for inspection upon request by the STATE.
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General Fund Specified Program Grant Contract
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that
have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this Grant Contract at any time prior to the
commencement of the project. After project commencement, this Grant Contract may be
rescinded, modified or amended only by mutual agreement in writing between the GRANTEE
and the STATE, unless the provisions of this Grant Contract provide that mutual agreement is
not required.
3. Failure by the GRANTEE to comply with the terms of the (a) GUIDE, (b)this Grant Contractor
any other Grant Contract, specified or general, that GRANTEE has entered into with the STATE
or any other department, agency, commission or other subdivision of California State
government, may be cause for suspension of all obligations of the STATE unless the STATE
determines that such failure was due to no fault of the GRANTEE. In such case, the STATE
may reimburse GRANTEE for eligible costs properly incurred in performance of this Grant
Contract despite non-performance of the GRANTEE. To qualify for such reimbursement,
GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this Grant Contract by the
GRANTEE shall be a default of this agreement. In the case of any default by GRANTEE, the
STATE shall be entitled to all remedies available under law and equity, including but not
limited to: a) Specific Performance; b) Return of all grant funds; c) Payment to the STATE of
the fair market value of the project property or the actual sales price, whichever is higher;
and d) Payment to the STATE of the costs of enforcement of this Grant Contract, including
but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable
attorney fees.
5. The GRANTEE and the STATE agree that final payment may not be made until the work
described in the GRANT SCOPE is complete.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this
program, the STATE shall have the option to either cancel this Grant Contract with no liability
occurring to the STATE or offer a Grant Contract amendment to GRANTEE to reflect the reduced
grant amount. This Paragraph shall not require the mutual agreement as addressed in
Paragraph E, subsection 2, of this agreement.
G. Hold Harmless
1. The 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 Grant Contract except claims arising from the
concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the 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
California Government Code Section 895.2 or otherwise except for liability arising out of the
concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the
provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the
4
General Fund Specified Program Grant Contract
STATE of such fact and shall represent the STATE in the legal action unless the STATE
undertakes to represent itself as codefendant in such legal action in which event the
GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE
and the GRANTEE because of the concurrent negligence of the STATE and the 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. The 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. The GRANTEE
acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan
documents, and all other records for the project and shall make them available to the STATE
for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts,
documents and records for five years following project termination or issuance of final
payment, whichever is later. If an audit is initiated during this time, the GRANTEE shall retain
all Project records until the audit is finalized and the STATE provides written confirmation of
audit closure, notwithstanding the five-year retention period.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which
fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b)the total
cost of the project in connection with such assistance that is given or used, (c) the amount,
source and nature of that portion of the project cost supplied by other sources, and (d) any
other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any
books, records or reports pertaining to this Grant Contract or matters related thereto during
regular office hours. 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 Grant Contract and shall provide copies of all such records to STATE in
its certified status reports upon request by the STATE. Such accounts, documents, and
records shall be retained by the GRANTEE for at least five years following project termination
or issuance of final payment, whichever is later. If an audit is initiated during this time, the
GRANTEE shall retain all Project records until the audit is finalized and the STATE provides
written confirmation of audit closure, notwithstanding the five-year retention period.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain and retain full control of
the property acquired or developed with the grant funds, for the duration of the CONTRACT
PERFORMANCE PERIOD.
2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the GRANTEE shall
use the property acquired or developed with grant funds under this Grant Contract only
for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or
other disposition or change of the control or use of the property or of any interest in the
property to one not consistent with the grant purpose shall be permitted except as
authorized by the STATE.
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General Fund Specified Program Grant Contract
3. The property acquired or developed may be transferred or assigned to another entity only
if the successor entity assumes the obligations imposed under this Grant Contract and
only with the prior approval of STATE.
4. Any real Property (including any portion of it or any interest in it, including any leases)
shall not be used as security for any debt or mitigation without the prior written approval of
STATE provided that such approval shall not be unreasonably withheld as long as the
purposes for which the grant was awarded are maintained. Any such permission that is
granted does not make the STATE a guarantor or a surety for any debt, loan, or
mitigation, nor does it waive the STATE's rights to enforce performance under the Grant
Contract.
5. All real property including any portion or interest in it, including any leases, or rights
thereto, acquired with grant funds shall be subject to an appropriate form of restrictive
title, rights, or covenants approved by the STATE. If the project property is taken by use
of eminent domain, GRANTEE shall reimburse the STATE an amount at least equal to
the amount of grant funds received from the STATE or the pro-rated full market value of
the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify
the STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. 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 Grant 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.
K. Severabiility
If any provision of this Grant Contract or the APPLICATION thereof is held invalid, that invalidity
shall not affect other provisions or applications of the Grant Contract which can be given
effect without the invalid provision or application, and to this end the provisions of this Grant
Contract are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site
improvements or programs related to the GRANT SCOPE. The STATE's rights under this
Grant Contract to review, inspect and approve the GRANT SCOPE and any final plans of
implementation shall not give rise to any warranty or representation that the GRANT SCOPE
and any plans or improvements are free from hazards or defects.
2. GRANTEE shall ensure that any contractor hired has adequate liability insurance,
performance bond, or other security necessary to protect the GRANTEE'S interest and the
STATE's interest against poor workmanship, fraud, or other potential loss associated with
the completion of the GRANT SCOPE.
M. Assignability
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General Fund Specified Program Grant Contract
Without the written consent of the STATE, the GRANTEE's interest in and control of any portion
of the GRANT SCOPE responsibilities under this Grant Contract shall not be assignable or
transferable by the GRANTEE either in whole or in part.
N. Use of Grant Funds
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of
making any leverage loan, pledge, promissory note or similar financial device or transaction,
without: 1) the prior written approval of the STATE; and 2) any financial or legal interests
created by any such leverage loan, pledge, promissory note or similar financial device or
transaction in the project property shall be completely subordinated to this Grant Contract
through a Subordination Agreement provided and approved by the STATE, signed by all
parties involved in the transaction, and recorded in the County Records against the fee title
of the project property.
O. Section Headings
The headings and captions of the various sections of this Grant Contract have been inserted
only for the purpose of convenience and are not a part of this Grant Contract and shall not
be deemed in any manner to modify, explain, or restrict any of the provisions of this Grant
Contract.
P. Waiver
Any failure by a party to enforce its rights under this Grant Contract, in the event of a breach
or default, shall not be construed as a waiver of said rights; and the waiver of any breach or
default under this Grant Contract shall not be construed as a waiver of any subsequent
breach.
III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO)
regarding Economic Sanctions against Russia and Russian entities and individuals.
"Economic Sanctions" refers to sanctions imposed by the U.S. government in response to
Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO
directs state agencies to terminate contracts with, and to refrain from entering any new
contracts with, individuals or entities that are determined to be a target of Economic
Sanctions. This Executive order extends to recipients of any State Grants (Grantee).
Grantees include those who have contracted or will contract to receive State grants funds.
Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or
is conducting prohibited transactions with sanctioned individuals or entities that shall be
grounds for termination of this agreement. The STATE shall provide the GRANTEE advance
written notice of such termination, allowing the GRANTEE at least 30 calendar days to provide
a written response. Termination of any contract found to be in violation of this Executive
Order shall be at the sole discretion of the STATE.
STATE OF CALIFORNIA
City of Santa Ana
GRANTEE DEPARTMENT OF PARKS AND RECREATION
By: See attached signature page By:
Signature of Authorized Representative
Title: Title:
Date: Date:
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year first
above written.
ATTEST: CITY OF SANTA ANA
ennifer 11 Alvaro Nunez
..a.
City Clerk City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO RECOMMENDED FOR APPROVAL:
City Attorney
By: ad"
Andrea N. Garcia Michael L. Garcia
Sr. Assistant City Attorney Executive Director
Community Development Agency
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