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HomeMy WebLinkAbout1999-01-26 - AGENDA REPORTS - COMMUNITY AUDITORIUM GRANT (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: CITY OF SANTA CLARITA AGENDA REPORT City Manager Approval: Item to be presented by: January 26, 1999 COMMUNITY AUDITORIUM STATE GRANT ($344,750) Parks, Recreation, and Community Services City Council receive and approve criteria for Community Auditorium State Grant; award funding to the Theater Arts for Children Foundation for the Newhall Elementary School Auditorium in an amount not to exceed $344,750; direct staff to apply to the State of California for the grant funds; and authorize the City Manager or his designee to sign all documents pertaining thereto. City Council appropriate $344,750 to account #7492-8001 and increase estimated revenues in account #453-5143. BACKGROUND As part of the State of California's 1998-99 budget process, the City of Santa Clarita has been allocated $344,750 in local assistance funding for auditorium restoration. The State has emphasized that grant funds be used to provide arts opportunities that benefit the community such as plays, premiers, American classics, and engaging family theater. In addition, the auditorium should house community workshops and ongoing classes to the pupils in surrounding school districts. To qualify, an organization must renovate an auditorium to mitigate earthquake damage to bring the building into compliance with safety codes in the City of Santa Clarita. Two known organizations are eligible for the Community Auditorium State Grant: The William S. Hart Union School District (Hart High School Auditorium) and the Theater Arts for Children Foundation (Newhall Elementary School Auditorium.) Over a four-month period, both organizations met with staff to review and discuss criteria. Both organizations diligently pursued all sources of funding, conducted their activities in a professional manner, and represented their organizations well. The Theater Arts for Children Foundation was specifically established to restore the auditorium, located on the Newhall Elementary School campus. The Newhall School District is currently using the auditorium building as a warehouse facility. Theater Arts for Children Foundation has secured donations of land and materials to build an alternate City of Santa Clarita Agenda Report Page 2 warehouse location as requested by the Newhall School District. The proposed project has four phases, each with an identified funding plan; these include grants, donations, and community fundraisers. The Community Auditorium State Grant would be the primary funding source to conduct enough renovations to allow the auditorium to open its doors. The auditorium will serve youth arts, educational needs, and local arts or organizations in the community. Without this funding, the Theater Arts for Children Foundation estimates it would not be able to open the auditorium for approximately four or five years. The William S. Hart Union School District has been actively raising funds to repair earthquake damage and modernize the Henry Mayo Newhall Auditorium since the 1994 Northridge earthquake. Funding for the project has come from State modernization funds, the Federal Emergency Management Agency, insurance settlement, deferred maintenance, William S. Hart Union School District, and the community. The City awarded the District $230,000 in Community Development Block Grant funding to bring the auditorium into compliance with the Americans With Disabilities Act. The Community Auditorium State Grant would offset a portion of the refurbishment and upgrade costs to the School District. While both the Hart High School and the Newhall Elementary School Auditorium projects meet this criterion, staff feels that the Newhall Elementary School Auditorium project promotes the greater opportunity for general community benefit. Staff does not recommend that the funding be split, as this would not effectively help either the Theater Arts for Children Foundation or the William S. Hart Union School District reach their goals. ALTERNATIVE ACTIONS 1. Direct staff to receive applications and determine grantees for Council approval. 2. Divide the available funds between eligible applicants. 3. Conduct additional advertising for eligible applicants. 4. Other direction as determined by City Council. FISCAL IMPACT California State Budget has allocated $344,750 to the City of Santa Clarita. No City funds are required. City of Santa Clarita and State of California criteria. SM:ada council\audrpt.doc CITY OF SANTA CLARITA PROJECT APPLICATION AUDITORIUM RESTORATION I. Project Local assistance funding from the State of California in the amount of $344,750 has been allocated to the City of Santa Clarita for community auditorium restoration. All recipients of funding must adhere to the attached State of California Local Grant Projects guidelines. State of California guidelines will be completed once applicant has been selected and agreement between the City of Santa Clarita and applicant have been signed. II. Eligibility for Funding Organization must: • Be renovating community auditorium facility to mitigate earthquake damage and/or bring auditorium into building and safety code compliance • Have evidence of adequate land tenure (legal ownership or signed lease) • Have 501(c)3 nonprofit status III. Request for Proposal Please respond to the following items labeled A through F. Label each category separately as shown below. Total response for all categories listed below is not to exceed seven (7) pages. Responses must be double-spaced with 1 -inch margins and at least 11 -point font. A. Summary of Organization This section should clearly define mission, goals, and history of your organization. B. Proposed Project and Need for Project This section should contain a detailed description of the proposed project, including project goals and objectives as they relate to the project; and a clear identification of why the project is needed in the community and how the project will address those needs. C. Project Timeline This section should clearly identify milestones in your project. The time frame should chronologically list, all necessary activities to complete the project and include the starting and ending dates for each activity (such as fundraising, building plans and permits; architect support, strategic planning, construction dates, opening date, etc.) Be date specific. D. Collaborative Efforts with other Organizations If applicable, this section should list any organization the agency will work with to administer the proposed project (during and after) and describe the collaborative agreement between them. Page 1 E. Financial Plan This section should outline how the organization plans to sustain this project during and beyond project funding. Specifically, address fundraising strategies to complete project and ability to meet operation and maintenance budget after project is completed. Is there a special revenue campaign associated with the project? If so, what is the design of the campaign? F. Requested Project Amount This section should clearly identify how and by what means you determined the amount of the project request. Also include the total amount to complete overall project (attach project budget). IV. Contractual Requirements and Additional Information A. Upon approval of City Council, staff will send award letter and agreement to the applicant. B. Once the applicant and City sign agreement, City and applicant will complete steps outlined on page 2 and Appendix A of the attached State of California Procedural Guide. C. Applicant will be required to adhere to State of California Assurances (see State of California Procedural Guide, Appendix A, Assurances). D. The City may request the return of awarded grant funds not expended by January 1, 2001. E. The City may request additional information on the proposed project and the organization. F. The City may recommend funding levels below amounts requested by the organization. Organizations who receive less than the funding amount requested shall submit a revised project description and budget before the City agreement can be finalized. G. The City may allocate up to 2% of total grant amount for administration costs. H. The City and the State of California have the right to conduct a site visit; review all organization records related to the grant; and interview program staff, volunteers, and clients served by the organization. I. The City reserves the right to amend/withdraw this program should such action be in the interest of the City. J. Funding Cycle: When a proposed project is approved by the California State Legislature, funds are usually available for three years. However, a contract must be executed with the California Department of Parks and Recreation the first year following appropriation. Distribution of funds is pursuant to State guidelines. Page 2 V. City Application A. Applications must be submitted on the attached City Forms. B. Completed applications with required attachments must be received by the City of Santa Clarita on or before 5:00 p.m. on March 1, 1999. Applications received after that date will not be considered for funding. C. Please send one (1) original copy to: Sean Morgan City of Santa Clarita Parks, Recreation, and Community Services Department 23920 Valencia Boulevard, Suite 110 Santa Clarita, CA 91355 D. Please do not bind your application. Staple in top left corner and three -hole punch all submitted documents so they can be placed in a standard binder by City staff for review. Proposals will not be returned. No fax submissions will be accepted. Page 3 I. CITY OF SANTA CLARITA APPLICATION FORM AUDITORIUM RESTORATION APPLICATION FORM Title and Certification 1. Name of Applicant Organization: 2. Address: 3. Contact Person: 4. Telephone No.: 5. Fax No.: 6. Proposed Project Title: 7. Project Location: S. Grant Amount Requested: To the best of my knowledge, the data and information in this application is true and correct and I am authorized to file this application on behalf of the organization. Name (please print or type) Signature Date Title Page 4 II. APPLICANT DOCUMENTATION Documentation Please initial the line corresponding to each item and sign below. I certify that I have attached the following required documents: One (1) original copy of the following: Completed City Application form (1 page) Request for Proposal with all questions, A through F, answered (7 pages) Line item budget for organization (refer to budget worksheet) (1 page) Line item budget for proposed project Copy of 501(c)3 IRS verification letter (1 page) Evidence of adequate land tenure (legal ownership or lease) List of Board of Directors (1 page) Organization's most recent annual financial report or income tax return (1-2 pages) Any additional attachments (i.e. letters of support, additional planning items, etc.) (3 pages) (Do not bind application. Please staple in top left corner and 3 -hole punch all submitted documents) Note: All applicants may be required to provide some form of insurance. Specific requirements will be outlined in your award notification letter. Name (please print or type) Signature Date Title Page 5 Line Item Budget Worksheet Fiscal Budget Past Present Projected I. Income Year: Year: Year: ♦ A. Contributed Income 1. Government Support 2. Corporate Support 3. Foundation Support 4. Individuals 5. Memberships 6. Event Fundraising 7. Other: Total Contributed Income ♦ B. Earned Income 8. Admissions/Tickets 9. Touring 10. Workshops/Tuition TT Contracted Services 12. Merchandise Sales 13. Investment Income 14. Other: Total Earned Income Total Income (IA+IB) II. Expenses ♦ A. Personnel 15. Artistic 16. Administrative 17. Technical 18. Other: Total Expenses Personnel ♦ B. Operating 19. Equipment Purchase 20. Rental 21. Office Space 22. Office Supplies 23. Marketing/Promotion 24. Production/Exhibition 25. Fund Raising Expenses 26. Travel/Training 27. Other: Total Expenses Operating Total Expenses (IIA&IIB) Deficit/Surplus (I Minus II) Verification by organization's financial officer: artssen \grant\ audfgrnt Page 6 Name Date i TABLE OF CONTENTS INTRODUCTION IMPORTANT POINTS. WHAT TO SUBMIT PROJECT ADMINISTRATION Normal Grant Process Total Withdrawal From Program Changes to Approved Project Time Extensions Payments of Grant Funds Income and Interest Accounting Requirements Eligible Costs Ineligible Costs PROJECT COMPLETION STATE AUDIT APPENDICES Appendix A - Application Form Appendix B - Project Agreement Appendix C - Sample Resolutior Page 1 1 2 K 2 3 3 3 3 4 4 4 7 n 9 13 21 INTRODUCTION This guide will assist in administering state grant funds. - It contains program information and application materials. The grant programs are administered by the California Department of Parks and Recreation (DPR). Day -today administration of individual projects is the responsibility of a project officer who is assigned a specific geographical area of the state,_ based on county boundaries. Processing will be expedited if the name of the project officer assigned to your area is included on all mail. All inquiries, correspondence, and grant applications shouldbe addressed to: Project Officer (Name) California Dept. of Parks and Recreation Planning and Local. Services Section 1416 Ninth Street, Room 940 P. 0. Box 942896 Sacramento, CA 94296-0001 ,Telephone: (916) 653-7423 FAX Telephone: (916) 653-651.1 IMPORTANT POINTS 1. No funds. shall be_ disbursed until an agreement between the California Department of Parks and Recreation and the applicant is signed by both parties. 2. Where necessary, up to 20% of the grant funds may be expended for nonconstruction costs such as plans and specifications, acquisition documents, construction inspections, and directly -related administrative costs. 3. All real property shall be acquired in compliance with the provisions of Chapter 16 (commencing-avith Section 7260) of Division 7 of Title 1 of the Government Code. 4. When a project is approved by the Legislature, funds are usually available for three years only. However, a contract must be executed the first year following aaorooriation. 1 WHAT TO SUBMIT A complete application consists of one copy each of the items listed on the back of the application form (Appendix A). PROJECT ADMINISTRATION Normal Grant Process t. Applicant completes and submits applications to the California Department of Parks and Recreation. 2. If all application materials are in order, an agreement is sent to applicant. 3. Applicant returns signed. agreement to DPR. 4. A fully executed agreement is returned to applicant. 5. Applicant may submit payment request for an advance of 10% of grant amount to prepare construction plans and/or acquisition documents (Appendix F). 6. Acquisition and/or development certification form is submitted to DPR for review and approval (Certification Forms mailed with contract). 7. Applicant commences work on project and may submit payment request for up to 90% of grant amount 8. After completion of project, applicant submits support materials (project completion packet mailed with contract) and request for final 10% of grant. 9. Project officer makes final project inspection. 10. DPR may perform an audit of completed project. 2 Total Withdrawal From Program If a jurisdiction fails to submit an , application for its allocated amount or otherwise withdraws from the program or elects not.to use its allocation, the allocation will be lost to that jurisdiction. In the event an approved project cannot be completed, and if grant funds were advanced, those funds plus any accrued interest must be returned to the state LbEges to Approved Project - An applicant wishing to change the scope of an approved project should submit the proposed change in writing to DPR for approval. Time Extensions _.. A request for a time extension and its justification must be submitted to DPR. DPR will determine whether the circumstances warrant a time extension. - J;FMTznA CgJR4210 After DPR has signed the agreement, 10% of the total grant amount may be requested for specific planning for each development project. Up to 90% of the total grant or 100% of the actual development cost, whichever is less, may be requested after the construction contract is awarded or construction has commenced. For acquisition projects, up to 90% of the grant or 100% of the actual acquisition cost, whichever is less, may be advanced after the property is in escrow. Such advance shall be placed immediately into escrow, or deposited with the court in. condemnation cases. No advances beyond 10% will be processed until we have received a copy of the award of contract for development projects to be done by contract or a copy of the escrow instructions for acquisition projects. For projects done by force account, we must receive a written statement certifying that work will begin no later than 30 days after receipt of the advance. The remaining 10% will usually be reimbursed after completion of the project. If advances are made and not immediately used, the advanced funds should be placed in a separate interest-bearing account. The applicant shall be held accountable for the interest earned. Applicant should allow four to six weeks to receive payment after submitting request for payment. When completing the payment request forms, all figures should be rounded to the nearest dollar. 3 Income and Interest Any income accruing from intended recreational use of the project may be spent at the applicant's discretion, consistent with the jurisdiction's normal procedure. Gross income that is earned by the applicant from non -recreational uses of an acquisition project (e.g. rental from agricultural leases) must be used by the applicant for any of the following at the project site: recreation development, additional acquisition, operation, or maintenance. Gross income that accrues to a grant -assisted development project during and/or as a part of the construction, from sources other than the intended recreation use, shall also be used for further development of that particular project tf the gross income and earned interest are not used for additional acquisition, development, operation, or maintenance of the project, such income and interest shall be returned to the state, and/or the amount of the state grant shall be reduced by the amount of such income and interest Gross income includes the fair market value of real and/or personal property, or personal services received in exchange for nonrecreational activity conducted on the land acquired and/or to be developed. Accounting Rgguirements The applicant must maintain an accounting system that accurately reflects fiscal transactions, with the necessary controls and safeguards. This system should provide good audit trails, especially the source of original documents such as receipts, progress payments, invoices, time cards, etc. The system must also provide accounting data so the total cost of each individual project can be readily determined_ These records must be retained for a period of three years after final payment is made by the state. AVOID Only project -related costs incurred during the project performance period specified in the grant agreement will be eligible. All such costs must be supported by appropriate invoices, purchase orders, cancelled warrants, and other records. The State recognizes that additional expenditures may be eligible based on language contained in the appropriation for the project. 4 1. Preliminary costs - Preliminary project costs (e.g., construction plans, appraisals, acquisition negotiations, etc.) incurred after the date of appropriation -are eligible, provided that an agreement for the project is executed by the state and the applicant. 2. Personnel or employee services Services of the applicant's employees directly engaged in project execution are eligible costs. These costs must be computed according to the applicant's prevailing wage or salary scales, and_may include fringe benefit costs such as vacations, sick leave, social security contributions, etc. that are customarily charged to the applicant's various projects. Costs charged to the project must be computed on actual time spent on a project, and supported by time and attendance records describing the work performed on the project. Overtime costs may be allowed under the applicant's established policy, provided that the regular work time was devoted to the same project. Salaries and wages claimed for employees working on state grant funded projects must not exceed the applicant's established rates for similar positions. 3. Consultant services - The costs of consultant services necessary for the project are eligible. Consultants must be paid by the customary or established method and rate of the applicant. No consultant fee may be paid -to the applicant's own employees withodt prior approval or unless specifically agreed to by the state. 4. Construction equipmerrt - Equipment owned by the applicant may be charged to the project for each -use. Equipment use charges must be made in accordance with the applicant's normal accounting practices. The equipment rental rates published by the State Department of Transportation may be used as a guide. If the applicant's equipment is used, a report or source document must describe the work performed, indicate the hours used, relate the use to the project, and be signed by the operator and supervisor. Equipment may be leased, rented, or purchased, whichever is most economical. If equipment is purchased, its residual market value must be credited to the project costs on completion. 5 S. Construction supplies and materials - Supplies and materials may be purchased for a specific project or may be drawn from a central stock, providing they are claimed at a cost no higher than that paid by the applicant When supplies and/or materials are purchased with the intention of constructing a piece of equipment, a structure or a part of a structure, the costs that are charged as supplies and materials may be capitalized according to the applicant's normal practice or policy. If capitalized, only that cost reasonably attributable to the project may be claimed -under the project 6 -Slons and interpretive aids - The cost of signs, display boards, or other minor ,interpretive aids relating to the project are eligible. -7. Construction - The cost of all necessary construction activities,. from site preparation (including demolition, excavation, grading, etc.) to the completion of a structure or facility is eligible. 8. auisition - Costs of acquiring real property are eligible and may include the purchase price of the property, appraisals, surveys, preliminary title reports, escrow fees, title insurance fees, and court costs of condemnation. 9. Relocation costs - Relocation costs are allowable for projects that result in displacement of any person and/or business. The applicant must comply with the requirements of the State Relocation Act (Chapter 16 Government Code, Section 7260 et seq.), even if relocation costs are not claimed for reimbursement - 10. ' Fixed Equipment -Purchase of equipment that is affixed permanently to the facility in question. An example is a sound system installed in a community center. 11. Other expenditures - In addition to the major categories of expenditures, reimbursements may be made for miscellaneous costs necessary for execution of the project. Some of these costs are: a Communications (such as telephone, telegrams, letters, etc.) b. Premiums on hazard and liability insurance to cover personnel and/or property C. Work performed by another section or department of the applicant's agency d. Transportation costs for moving equipment and/or personnel 2 Ineligible Costs The following is a nonexclusive list of ineligible costs unless otherwise stated in conjunction with the appropriation for the project: 1. Indirect costs (overhead) _ 2. Ceremonial expenses 3. Expenses for publicity 4. Bonus payments of any kind , ; 5. Charges for contingency reserves or other similar reserves �M7^ ,r., 6. Charges in excess of the lowest bid, when competitive bidding is required by the state or the applicant, unless the state agrees in advance to the higher cost ASr.. 7. Charges for deficits or overdrafts S. Taxes for which the applicant would not have been liable 9. -Charges incurred contrary to the policies and practices of the applicant 10. Interest expense 11. Damage judgments arising from acquisition; construction or equipping of a facility, whether determined by judicial process, arbitration, negotiation, or otherwise 12. Services, materials, or equipment obtained under any other state program 13. Cost of discounts not taken 14. Travel claimed when no work time was claimed for the same period 15. Contract cost overruns, not approved, that exceed the allowable amount as per the contract specifications 16. The surcharge payable by the applicant for a project in which there is federal participation 7 PROJECT COMPLETION A project completion packet will be mailed to you along with the signed contract. It contains a payment request form, which may be used to request advances or final payment. It also details the final payment documentation needed. STATE AUDIT After completion of the project, the state may audit the project records. The purpose of the audit is to verify that project expenditures were properly documented. The audit would be. requested by the state after the final payment request has been received, all project transactions have been completed, and the necessary payments have been made by the applicant. - If your project is selected for audit, you will be contacted in advance. The audit should include all books, papers, accounts, documents, or other records of the applicant, as they relate to the acquisition or development project for which state funds were granted. Projects may be audited at any time up to three years after project completion. To expedite the audit, the applicant should have the project records, including the source documents and cancelled warrants, readily available. The applicant should also provide an employee having knowledge of the project and the accounting procedure or system to assist the state auditor. The applicant shall provide a copy of any document, paper, record, or the like requested by the state auditor. All project records must be retained by the applicant for a period of not less than one year after the state audit or final disposition of any disputed audit findings. i 9 DEPARTMENT OF PARKS AND RECREATION PROGRAM APPLICATION FOR LOCAL ASSISTANCE GRANT NAME .r•;w ' I GRANT AMOUNT S (Sean Gnat and eller funds) $ :PPLICANT (Agency and addrees-inclzip coda/ COUNTY NEAREST CITY PROJECT ADDRESS .. NEAREST CROSS STREET Grant Applicant's Representative Authorized in Resolution Name (typei . Title Phone Person with day-to-day responsibility for Praia= (if different from authorized npraentsdw) . Name (type) Title _ Phone Brief description of project For Dev. Projects Land Tenure — Project is: scras: Acres owned in in simple by Grant Applicant Acres available under 8 Year less+ Acres other interest (explain) I Certify that the information tonne s in mu project avvncauo.. important information and assurances on the reverse of this form. For Acquisition projects Projects land will be acres Acquired in fee simple by Grant Applicant Acquired in other than fee simple (explain) required attachments. is aenusis and that I have road and understand the Signed Grant Applicant's Authorized Representative as shown in Resolution DPR 834 (10/89) Date r IMPORTANT All State requirements must be met and an, agreement signed before arty funds will be disbursed. An audit may be performed before or after final payment An Application for grant funds consists of one copy each of the following: t. Application Foran. -- Authorizing Resolution from goaemingbody. . __,._�....—._.._�.._..... 3. _..,—Environmental Impact Report. or Negative Declaration along with a reponse from the State Clearinghouse. and a copy of the Notice of Determination filed with, and, stamped by, the County Clerk: w if applicable, a copy of the Notice of Exemption on file with the County Clerk if the project is categorically exempt. 4. Project location map (city or county) with enough detail to allow a person unfamiliar with the area to locate the project. 5. Evidence of adequate land tenure (lease, joint povwrs aweemem, etc.). -ACQUIsiticii iiisp showing extsricFficxekhsrift and pace numberL (acquisition projects) 7. Site plan (development projects). S. Acquisition Schedule (acquisition projects). - 9. Cost Estimate (development projects)....... _. ..- .. - 10. indication of amount, type and sourtst of funds above gram Provided by applicant. 11. Permit or comments from the following, if appliablo: Sete Lands Commission . -.. San Francisco Bey Conservation and Development Commission (BCDC) - Regional Coastal Zgoe Protection Commission Corps of Engineers 12.. All lease, agreements. etc., affecting project lads or the operation and maintenance thereof, 13. Articles of incorporation if nonprofit applicant. ASSURANCES Applicant possesses legal authority to apply for the gram, and to finance, acquire, and construct the proposed project, that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in can wcrioa with the application and to provide such additional information as may be required. Applicant will provide and maintain competent and adequate arehi[eedtral 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 $tete may require. 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 core of the project. Applicant will give the State's authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. Applicant will cause work on the project to be commenced within a reasonable time after receipt of notification from the State that funds have been approved and that the project will be prosecuted to completion with reasonable diligence. Applicant will comply where applicable with provisions of the California Environmental Quality Act and the California Relocation Assistance Act, and any other state, and/or local laws, rules and/or regulations. 13 Stagef California — The Reserves Agency DEPARTMENT OF PARKS AND RECREATION PROJECT AGREEMENT PUBLIC RESOURCESACCOUNT CIGARETTE AND TOBACCO PRODUCTS SURTAX FUND APPLICANT PROJECT TITLE PROJECT NUMBER PROJECT PERFORMANCE PERIOD Date of Appropriation to June 30,19 Under the terms and conditions of this agreement, the applicant 10 to complete the project a dmcioad in the project description, and the State of California, acting through its Director of Parks and Recreation pursuant to the Public Resources Aeecunt, Cigarette and Tobacco Products Surtax Fund, agras to fund the project up to the total state grant snlount indicated. PROJECT DESCRIPTION: Total State Grant not to exceed $ _ Applicant _ TV By_ Tide . The General Provisions attached are made a part of and are incorporated into the Agreement. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By Date Date CERTIFICATION OF FUNDING CONTRACT NUMBER FUND PUBLIC RESOURCES ACCOUNT CIGARETTE AND TOBACCO PROOUCTS SURTAX FUND PROJECT NO. AMOUNT OF THIS ESTIMATE APPROPRIATION UNENCUMBERED BALANCE ITEM CHAPTER STATUTES FISCAL YEAR $ ADJ. INCREASING ENCUMBRANCE N $ ADJ. DECREASING EN UMB AN LINF IT99 ALLU $ 1 hereby certify upon my own personal knowledge that budgeted funds TZ.A. No. B.R. No. are available for this encumbrance. SIGNATURE OF ACCOUNTING OFFICER - DATE DPR a3se (10189) _ Project Agraement _. ._ .. Special Provisions General Provisions A. Definitions 1. 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 harem means the project which is described on page 1. of this agreement. 4. The term "Applicant" as used heroin means the party described as applies" on papa 1 of this agreement. 5. The term "Application!' as used herein.mears the individual application and its required attachments for grams pursuant to the enabling legislation and/or program. S. Project Execution 1. Subject to the availability of grant moneys in the Act, the Stns 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 art 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 forthonpage 1, and under the terms and conditions of this agreement. 3. Applicant shall comply n lead agency with the California Emirotmemal 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. S. 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) 8. If the Project includes acquisition of real Property Applicant agrees to comply with Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government Cafe and any applicable fedral, state, or local laws or ordinances. Documentation of such compliance will be made available for review, upon request by the State. g, Applicant agrees to furnish State preliminary tide reports respecting such real property M 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 dile which in the opinion of State might interfere with the operation of the Project. In condemnation actions men 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 a follows: 1. If the Project includes acquisition of real Property, the Stem may disburse to Applicant the grant moneys as follows. but not to exceed in any event the State grant anouM set forth on page 1 of this agreement: _ a. When acquisition is through negotiated purchase, Stets 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, Stam may disburse the amount of the total award as provided for in the final order of condemnation together with State approved costs of acquisition. C. In the event Applicant abandons such eminam domain proceedings, Applicant agrees to bar all cont 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 Projector any Phase or unit thereof, State may disburse to Applicant upon receipt and approval by Sate of a statement of incurred costs from Applicant, the amount of wch approved incurred costs shown on such statement, not to exceed the State gram amount at forth on Page t of this agreement, or any remaining portion of such grant amount to the extent of such statamam. The statements to be submitted by APPlicam shall act forth in devil 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 ,,,,nt. Statements shall not be wbmkad more frequently than ninety day Periods union otherwise requested by Sate. Modifications of the development Plant and specifications and/or force accountschedule must be approved by Sate prior to any deviation from the Sate approved Plant and specifications and/or force account schedule union previously authorized by the Sate. 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 $flowing Total final Project expendisuras. 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 sersrata 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. S. Applicant agrees that income earned by the Applicant from a. State approved non+ecreasional use on the Project shall be used for recreationalpurposes at the Project. or, if approved by the State, for recreational purposes within the Applicants jurisdiction. _ E. Project Termination 1. 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. 3. Failure of the Applicant to comply with the tams 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 ewe, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this agreement. 4. Smause 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 quarnity 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 unasoertainable 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 w 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• printer 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 wit 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 at the Project which claims, de miodi or aures of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or vele 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 saq., 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 lagd actionin which event State shall bear its own litigation costs, expenses, and attorney's fees. 4. Applicant and State agrees that in the avant 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 parry shall request a jury apportionment. S. Applicant agrees to indemnify, hold harmless and defend the State, its offian, agents and employees against any and all claims, demands, costs, expenses err liability costs wising out of legal actions pursuant to hems to which the Ap• plicant has certified. Applicant acknowledges that it is solely responsible for compliance with items to which it has .certified. _ 7 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 sc:ounts,documents and records for 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 parry 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 cont, disbursements and receipts with respect to its activities under this agreement. 2. Applicant agrees to use any generally accepted accounting system. H. Use of Facilities 1. 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 ware 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 casts of the project. 1. 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 an 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 (10/891 3. AI1facilities shall be open to members of the Public generally, except as noted under the special provisions of this ,. Prolact agressn "t or under Provisions of the enabling legWation and/or Program"- y Application Incorporation Ttie Application and any subsequent change or addition approved by the State is hereby incorporated in this agreement at though set forth in full in this agreement- _ K , Severability .. : ..3 if any ortwuion'ot this apreemant or the appiic"on thereof is held imelid, that invalidity shall not affect other pro- - vision, or applications of the apwm m which c W be swan affect without tM invalid Provision or application, and to _. this and the provisions of this agreement 10 sawrab greeN. _, .. y 3. AI1facilities shall be open to members of the Public generally, except as noted under the special provisions of this ,. Prolact agressn "t or under Provisions of the enabling legWation and/or Program"- y Application Incorporation Ttie Application and any subsequent change or addition approved by the State is hereby incorporated in this agreement at though set forth in full in this agreement- _ K , Severability .. : ..3 if any ortwuion'ot this apreemant or the appiic"on thereof is held imelid, that invalidity shall not affect other pro- - vision, or applications of the apwm m which c W be swan affect without tM invalid Provision or application, and to _. this and the provisions of this agreement 10 sawrab greeN. _, .. 21 SAMPLE RESOLUTION Resolution No: RESOLUTION OF THE CITY (COUNTY, DISTRICT, ETC.) COUNCIL CITY OF APPROVING THE APPLICATION FOR GRANT FUNDS FOR (PROJECT) 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 gram 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(s) before submission of said application(s) to the state; and WHEREAS, said application(s) contain assurances that the 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 (Applicant) 1. Approves the filing of an application for. (Program) assistance for the above project(s); and 2. Certifies that said agency understands the assurances and certification in the application form; and 3. Certifies that said agency has or will have sufficient funds to operate and maintain the project(s); and 4. Certifies that said agency has reviewed and understands the General Provision contained in the State/local agreement shown in the Procedural Guide; and Appoints the (designate position, not person occupying position) as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).