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HomeMy WebLinkAboutCC Resolution 10850 (Safe Neighborhood Parks Grant)RESOLUTION NO. 10850 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE CITY OF SAN RAFAEL TO APPLY FOR LOCAL ASSISTANCE FUNDS FROM THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT OF 2000 WHEREAS, the Legislature and Governor of the State of California have approved a grant for the above Program; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the governing body to certify by resolution the approval of the Grantee to apply for the Per Capita Allocation, and WHEREAS, the Grantee will enter into a Contract with the State of California for subject Project(s); THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. Approves the filing for local assistance funds from the Per Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and 2. Certifies that Grantee has or will have sufficient funds to operate and maintain the Project(s); and 3. Certifies that Grantee has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the Community Services Director as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of Project(s). I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a reg alar meeting of the City Council of said City held on Monday. the 18'' day of June. 2001 by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None %. JE M. LEON INI, City Clerk State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 GRANTEE CITY OF SAN RAFAEL THE PROJECT PERFORMANCE PERIOD is from the July 1, 2000 through June 30, 2008. The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation pursuant to the Safe Neighborhood Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000, agrees to fund the Project(s) up to the total state grant amount indicated. THESE FUNDS ARE FOR THE ACQUISITION, DEVELOPMENT, IMPROVEMENT, REHABILITATION, RESTORATION, ENHANCEMENT, AND INTERPRETATION OF LOCAL PARKS AND RECREATIONAL LANDS AND FACILITIES, INCLUDING RENOVATION OF RECREATIONAL FACILITIES CONVEYED TO LOCAL AGENCIES RESULTING FROM THE DOWNSIZING OR DECOMMISSIONING OF FEDERAL MILITARY INSTALLATIONS. Total State Grant not to exceed $ 4973000.00 CITY OF SAN RAFAEL Grantee By ,,{($g ggrr�����iy Title CAKTgI r iYlClt htuized Representative) COMMUNITY SERVICES DIRECTOR Date June 18, 2001 ATTEST: By _ Titled I YtCL�R tul L Iv Date June 18, 2001 AMOUNT OF ESTIMATE $ ADJ. INCREASING ENCUMBRANCE ADJ. DECREASING ENCUMBRANCE UNENCUMBERED BALANCE The General Provisions attached are made a part of and incorporated into the Contract. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By Date CERTIFICATION OF FUNDING CONTRACT NUMBER FUND APPROPRIATION 2000 Bond Act Per Capita Program ITEM CALSTARS VENDOR NO. LINE ITEM ALLOTMENT T.B.A. NO. I B.R. NO. INDEX l I hereby certify upon my personal knowledge that budgeted funds arc available for this encumbrance. i CHAPTER` STATUTE I FISCAL YEAR OBJ. EXPEND PCA T.B.A. No. SIGNATURE OF ACCOUNTING OFFICER _ - - DATE (Sample Contract) 16 Grant Contract Special Provisions General Provisions A. Definitions 1. The term "Act" as used herein means the Appropriation for the Program. 2. The term "Acquisition" means to obtain from a willing seller a fee interest or any other interest, including easements and Development rights, in real property. 3. The term "Application" as used herein means the individual Application and its required attachments for grants pursuant to the enabling legislation and/or program. 4. The term "Development" means improvements to real property by construction of new facilities or renovation or additions to existing facilities. 5. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. 6. The term "Project" as used herein means the Project described on page 1 of this Contract. 7. The term "State" as used herein means the State of California Department of Parks and Recreation. B. Project Execution 1. Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a sum of money (grant monies) 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 Contract. Grantee shall 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. Grantee shall complete 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. Grantee shall comply as lead agency with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq.; Title 14, California Code of Regulations, Section 15000 et. seq.) 4. If the Project includes Development, 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 disabled access laws. 5. Grantee shall permit periodic site visits, including a final inspection upon Project completion by the State, to determine if Development work is in accordance with the approved Project Scope. 6. Prior to the commencement of any work, Grantee agrees to submit any significant deviation from the original Project Scope in writing to the State for prior approval. 7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all applicable state and local laws or ordinances affecting relocation and real property Acquisition. 17 8. Grantee shall provide for public access to Project facilities in accordance with the intent and provisions of the enabling legislation and/or program. 9. Pursuant to guidelines issued by the Secretary of the Resources Agency, all recipients of funding shall post signs acknowledging the source of funds. 10. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land as determined by the State that is held by the Grantee. 11. Grantee shall maintain and operate the property funded pursuant to this chapter for a period that is commensurate with the type of Project and the proportion of state funds and local matching funds or property allocated to the capital costs of the Project. With the approval of the Department, the Grantee, or the Grantee's successor in interest in the property, may transfer the responsibility to maintain and operate the property in accordance with this section. Grantee shall use the property only for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property, except as authorized by specific act of the Legislature. The agreements specified in this section shall not prevent the transfer of the property from the Grantee to a public agency, if the successor public agency assumes the obligations imposed by those agreements. If the use of the property is changed to a use that is not permitted by the category from which the grant funds were appropriated, or if the property is sold or otherwise disposed of, an amount equal to (1) the amount of the grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a purpose authorized by that category. If the property sold or otherwise disposed of is less than the entire interest in the property funded with the grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized by the category from which the funds were appropriated, pursuant to agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for Appropriation by the Legislature only for a use authorized by that category. 12. Lands acquired with funds from the Act shall be acquired from a willing seller of the land. 13. The Application shall be accompanied by certification from the Grantees' planning agency that the Project for which the grant is requested is consistent with the park and recreation element of the applicable city or county general plan, the District park and recreation plan, or the appropriate planning document, as the case may be, and will satisfy a high priority need. C. Project Costs The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows: 1. If the Project includes Acquisition of real property, the State may disburse to Grantee the grant monies as follows, but not to exceed, in any event, the State grant amount set forth on page 1 of this Contract: a. 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. 2. If the Project includes Development, the State may disburse to Grantee the grant monies as follows, but not to exceed in any event the State grant amount set forth of page 1 of this Contract: Up to a ten percent advance of the total Project amount. `V b. On proof of award of a construction contract or commencement of construction by force account, up to eighty percent of the total Grant amount, or the actual cost, whichever is less. C. Remaining grant funds shall be paid up to the amount of the grant or the actual Project cost, whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the Grantee. D. Project Administration 1. Grantee shall promptly submit written Project reports as the State may request. In any event, Grantee shall provide State a report showing total final Project expenditures. 2. Grantee shall make property and facilities acquired or developed pursuant to this Contract available for inspection upon request by the State. 3. Grantee shall use any monies advanced by the State under the terms of this Contract solely for the Project herein described. 4. If grant monies are advanced, the Grantee shall place monies in a separate interest bearing account, setting up and identifying such account prior to the advance, interest earned on grant monies shall be used on the Project or paid to the State. If grant monies 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. Grantee shall use income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the Grantee's jurisdiction. E. Project Termination 1. Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project. After Project commencement this Contract may be rescinded, modified or amended only by mutual agreement in writing between Grantee and State. 2. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure by the Grantee to comply with the terms of this Contract 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 Grantee. 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 Grantee 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 monies under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant monies disbursed under this Contract by the State would be inadequate compensation to the State for any breach by the Grantee of this Contract. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State. 5. Grantee and State agree that if the Project includes Development, final payment may not be made until the Project conforms substantially to this Contract. 19 Hold Harmless 1. 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 Contract except claims arising from the concurrent or sole negligence of State, its officers, agents, and employees. 2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, Development, construction, operation or maintenance of the property described as the Project 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. Grantee agrees that in the event State is named as codefendant under the provisions of Government Code Section 895 et. seq., the Grantee 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 attomey's fees. 4. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the concurrent negligence of the State and 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. 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. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. G. Financial Records 1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. Grantee also agrees to retain such financial accounts, documents and records for three years following Project termination or completion. Grantee and State agree that during regular office hours each of the parties hereto and their duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Contract or matters related thereto. 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 Contract. 2. Grantee shall use a generally accepted accounting system. H. Use of Facilities Grantee agrees that the Grantee shall use the property acquired or developed with grant monies under this Contract only for the purposes for which the State grant monies were requested and no other use of the area shall be permitted except by specific act of the Legislature. 2. The Grantee shall 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, as determined by the State. 20 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 acquired or developed pursuant to this 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. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Project Contract or under provisions of the enabling legislation and/or program. .!. Application Incorporation The Application and any subsequent change or addition approved by the State is hereby incorporated in this Contract as though set forth in full in this Contract. K. Severability If any provision of this Contract or the application thereof 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 this Contract are severable. 21