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HomeMy WebLinkAboutCALIFORNIA, STATE OF - DEPARTMENT OF PARKS & REC - 1998State of California - The Resources Agency ZPARTMENT OF PARKS AND RECREi, _.ON GRANT CONTRACT GENERAL FUND APPLICANT City of Santa Ana PROJECT TITLE Santiago Little League PROJECT NUMBER GF -30-003 PROJECT PERFORMANCE PERIOD IS July 1, 1998 to June 30 2003 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 General Fund, agrees to fund the project up to the total state grant amount indicated. PROJECT DESCRIPTION: Concession Stand at Santa Ana Santiago Little League. Total State Grant not to exceed $ 12 3 , 12 5 Cit of Santa Ana _ Applicant BY Signature of An riz c Representative Title City Manager ATTEST- iytle 4Jfa5nic`eC Guy, Clerk of the Council The General Provisions attached are made a part of and incorporated into the Agreement. APPROVED AS TO FORM TSA E SfORCK AaSis'tant C,ty Attorney STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Lo CERTIFICATION OF FUNDING AMOUNT OF ESTIMATE $123,125 CONTRACT NUMBER PROJECT NO. FUND 50-07-069 GF -30-003 GENERAL FUND ADJ. INCREASING ENCUMBRANCE APPROPRIATION ADJ. DECREASING ENCUMBRANCE ITEM CALSTARS VENDOR NO. $ 0000004342 00 UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT 3790-102-0001-(a)(73) CHAPTER STATUTE FISCA YEAR 324 98 9899 INDEX OBJ. EXPEND PCA PROJECT WORK PHASE 1091 702 60020 I hereby certify upon my personal knowledge that budgeted funds T.B.A. No. B No. are available for this encumbrance. . SIGNATURE OF ACCOUNTING OFFICERI DATE Project Agreement Special Provisions General Provisions A. Definitions i. The term "State" as used herein means the California State Department of Parks and Recreation. 2. The term "Act" as used herein means the Appropriation for the Program, 3. The term "Project" as used herein means the project which is described on page 1 of this agreement. 4. The term "Applicant" as used herein means the party described as applicant on page 1 of this agreement. 5. The term "Application" as used herein means the individual application and its required attachments for grants pursuant to the enabling legislation and/or program. B. Project Execution 1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant 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 Description of Project on page 1 and under the terms and conditions set forth in this agreement. Applicant agrees to 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 with the State must be submitted to the State for approval, 2. Applicant agrees to complete the Project in accordance with the time of project performance set forth an page 1, and under the terms and conditions of this agreement. 3. Applicant shall comply as lead agency with the California Environmental Quality Act (Public Resources Code, Section 21000, at. seq. 4. If the Project includes development, the development plans and specifications or force account schedule shall be reviewed and approved by the State. 5. Applicant agrees to secure completion of the development work in accordance with the approved development plans and specifications or force account schedule, 6. Applicant agrees to permit periodic site visits by the State to determine if development work is in accordance with the approved plans and specifications or force account schedule, including a final inspection upon Project completion. 7. Applicant agrees to submit all significant deviations from the Project to the State for prior approval. DPR 835 (10/89) 2 8. If the Project includes acquisition of real property Applicant agrees to compry 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 upon request by the State, 9. Applicant agrees to furnish State preliminary title reports respecting such real property or such other evidence of title which Is determined to be sufficient by State. Applicant agrees in negotiated purchases to correct prior to or at the close of escrow any defects of title which in the opinion of State might interfere with the operation of the Project. In condemnation actions such title defects must be eliminated by the final judgment. 10. Applicant agrees to provide for public access in accordance with the intent and provisions of the enabling legislation and/or program. C. Project Costs The Grant moneys to be provided Applicant under this agreement may be disbursed as follows: If the Project includes acquisition of real property, the State may disburse to Applicant 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 when an escrow is opened. b. When acquisition is allowed pursuant to this Act 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 Applicant abandons such eminent domain proceedings, Applicant agrees to bear all costs in connection therewith and that no grant moneys shall be disbursed for such costs. 2. If the Project includes development, after approval by State of Applicant's plans and specifications or force account schedule and after completion of the Project or any phase or unit thereof., State may disburse to Applicant upon receipt and approval by State of a statement of incurred costs from Applicant, the amount of such approved incurred costs shown on such statement, not to exceed the State grant amount set forth on page 1 of this agreement, or any remaining portion of such grant amount to the extent of such statement. The statements to be submitted by Applicant 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 construction contract or by force account. Statements shall not be submitted more frequently than ninety day periods unless otherwise requested by State. Modifications of the development plans and specifications and/or force account schedule must be approved by State prior to any deviation from the State approved plans and specifications and/or force account schedule unless previously authorized by the State. D. Project Administration 1. Applicant agrees to promptly submit such reports as the State may request. In any event Applicant shall provide State a report showing total final Project expenditures. 2. Applicant agrees that property and facilities acquired or developed pursuant to this agreement shall be available for inspection upon request by the State. 3. Applicant agrees to use any moneys advanced by the State under the terms of this agreement solely for the Project herein described. 4. If grant moneys are advanced, the Applicant agrees it 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 or end of the Project performance period, whichever is earlier. 5. Applicant agrees that income earned by the Applicant from a State approved non -recreational use on the Project shall be used for recreational purposes at the Project, or, if approved by the State, for recreational purposes within the Applicants jurisdiction. E. Project Termination Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Project. After Project commencement this agreement may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Applicant 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. DPR 835 (10/89) 3. Failure of the Applicant 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 Applicant. 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 Applicant with the terms of this agree. ment, 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 agreement, the Applicant agrees that payment by the Applicant 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 breach by the Applicant of this agreement. The applicant further agrees therefore, that the appro- priate remedy in the event of a breach by the Applicant of this agreement shall be the specific performance of this agreement, unless otherwise agreed to by the State. 5. Applicant and State agree that if the Project includes development final payment may not be made until the Project conforms substantially with this agreement and is a useable facility. F. Hold Harmless 1. Applicant 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 agreement except claims arising from the concurrent or sole negligence of State, its officers, agents, and employees, 2. Applicant agrees to 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 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. Applicant agrees that in the event State is named as codefendant under the provisions of Government Code Section 895 at seq., the Applicant 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. Applicant and State agrees that in the event of judgment entered against the State and Applicant because of the con- current negligence of the State and Applicant, 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. Applicant agrees to 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 Ap- plicant has certified. Applicant acknowledges that it is solely responsible for compliance with items to which it has - certified. G. Financial Records 1. Applicant agrees to maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. Applicant also agrees to retain such financial accounts, documents and recordsfor three years following project termination or completion. Applicant and State agree that during regular office hours each of the Parties hereto and their duly authorized repre. sentatives 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. Applicant 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 activitiesunderthis agreement. 2. Applicant agrees to use any generally accepted accounting system. H. Use of Facilities Applicant agrees that the property acquired or developed with grant moneys under this agreement shall be used by the Applicant 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 Applicant 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. Nondiscrimination 1. The Applicant 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 Applicant 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. DPR 835 (10/89) 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project agreement or under provisions of the enabling legislation and/or program. Application Incorporation The Application and any subsequent change or addition approved by the Sate is hereby incorporated in this agreement as though set forth in full in this agreement. K. Severability If any provision of this agreement or the application thereof is held invalid, that invalidity shall not affect other pro. visions or applications of the agreement which can be given effect without the invalid provision or application, and to this end the provisions of this agreement are severable. DPR 835 (10/89) RESOLUTION NO. 9 S -0 6 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR STATE GRANT FUNDS FOR EL SALVADOR (SANTIAGO LITTLE LEAGUE) CONCESSION BUILDING WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of application before submission of said application to the state; and WHEREAS, said application contains assurances that the City as applicant, must comply with; and WHEREAS, the Applicant will enter into an agreement with the State of California for subject project(s); NOW THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY 1. Approves the filing of an application for State General Fund assistance for the above project; and 2. Certifies that said Applicant understands the assurances and certification in the application form; and 3. Certifies that said Applicant has or will have sufficient funds to operate and maintain the project(s); and 4. Certifies that said Applicant has reviewed and understands the General Provision contained in the State/local agreement shown in the Procedural Guide; and Appoints the City Manager, or Assistant City Manager, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, and payment requests which may be necessary for the completion of the aforementioned project. Resolution — Grant Funds for El Salvador Concession Building Page 2 APPROVED AND ADOPTED the 5th day of October ,1998 ATTEST: ce C. Guy Clerk of the Council COUNCILMEMBERS: Richardson Ave Moreno Aye Franklin Ave APPROVED AS TO FORM: Espinoza Aye�,� lt. Lutz . Ave A� Joseph Fletcher McGuigan Aye City Attorney Pulido Aye CERTIFICATE OF ORIGINALITY & PUBLICATION I, JANICE C. GUY, Clerk of the Council, do hereby certify the attached Resolution No. fS-o(.z -to- be the original resolution adopted by the City Council of the City of Santa Ana on /o /-c Date:�o Clerk of the oun City of Santa Ana CONSENT CALENDAR 2. Approve appropriation adjustment. (Requires five affirmative votes) Recognizing $15,000.00 in Kaboom Grant program funds and appropriating same for the design and installation of playground equipment at Santa Anita Parks - Finance and Management Services FILE CA 20.B. APPROPRIATION ADJUSTMENT 99-054 - MINNIE STREET COMMUNITY ACTION NETWORK PROGRAM Motion: Approve appropriation adjustment. (Requires five affirmative votes) Transferring $41,344.00 from Recreation and Community Services Agency's Youth and Community Services account and appropriating same for the Minnie Street Community Action Network program - Finance and Management Services FILE CA 20.C. APPROPRIATION ADJUSTMENT 99-052 - ROOKIEBALL PROGRAM Motion: Approve appropriation adjustment. (Requires five affirmative votes) Accepting a grant in the amount of $4,000.00 from Angel's Care and appropriating same for the Rookieball youth baseball program - Finance and Management Services FILE CA 20.D.1. APPROPRIATION ADJUSTMENT 99-052 - EL SALVADOR PARK CONCESSION BUILDING Motion: 1. Adopt resolution. RESOLUTION 98-062 - A resolution of the City Council of the City of Santa Ana approving the application for state grant funds for El Salvador (Santiago Little League) concession building - Recreation and Community Services FILE CA 3 F 2. Approve appropriation adjustment. (Requires f ve affirmative votes) Recognizing $123,125.00 in State Grant funds and appropriating same for the construction of El Salvador Park concession stand - Finance and Management Services FILE CA Motion: Award in accordance with Request for Council Action. 20.D.2. EL SALVADOR PARK CONCESSION BUILDING - To SC Construction in accordance with lump sum prices for the base bid and alternates Al, A2, A3 and A4 in the estimated amount of $164,650.00 with a total estimated construction cost of $217,900.00 - Public Works Agency PROJ 7996 CITY COUNCIL MINUTES 279 October 5, 1998