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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lemuel P. Randolph, Director
Dept: Parks, Rec. & Comm. Svcs.
Date: December 18, 2003
ORIGlNAl
Subject: RESOLUTION OF THE MAYOR
AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE
MAYOR OF THE CITY OF SAN
BERNARDINO OR HER DESIGNEE TO
APPLY FOR AND ADMINISTER A GRANT
FROM THE URBAN PARK ACT OF 2001
UNDER THE CALIFORNIA CLEAN WATER,
CLEAN AIR, SAFE NEIGHBORHOOD PARKS,
AND COASTAL PROTECTION ACT OF 2002
FOR THE DEVELOPMENT OF FOUR NEW
SOCCER FIELDS AT SPEICHER PARK.
MICC Meeting Date: January 5, 2004
Synopsis of Previous Council Action:
12-17-03 - Grant Ad Hoc Committee recommendation for approval.
Recommended Motion:
Adopt Resolution
/4~
Contact person: Lemuel P. Randolph
Supporting data attached: Staff report & Reso
FUNDING REQUIREMENTS: Amount:
Phone: 384-5030
Ward: 7
Source: (Acct. No.)
Council Notes:
(A"d nA~"rirtinn)
Finance:
~#Dr
Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
Mayor of the City of San Bernardino or he~ designee to apply for and administer a grant from the
Urban Park Act of 2001 under the California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act of 2002 for the development of four new soccer fields at Speicher
Park.
Bacwound
Grant Summary
The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of
2002 is intended to acquire and develop properties of the state park system, to acquire and
develop neighborhood, community, and regional parks and recreational areas, for land, air, and
water conservation programs, including acquisition for those purposes, and to acquire, restore,
preserve and interpret California's historical and cultural resources.
Funds are provided on a competitive basis to cities, counties, and non-profit organizations. The
minimum grant request is $100,000 and the maximum is $3,000,000 per request. Matching
funds are required to be competitive. Matching funds may be in the form of money from any
source, including funds from other state local assistance programs; gifts of real property,
equipment, and consumable supplies; volunteer services; free or reduced cost of use of land,
facilities, or equipment; bequests and income from wills, estates, and trusts. The State will
evaluate the amount of matching contribution in terms of its proportionality in relation to the
economic resources of the applicant.
The Department of Parks, Recreation and Community Services is requesting the authorization to
apply for a grant from the State of California Parks and Recreation Department to develop four
new soccer fields at Speicher Park. This item was presented as a staff recommendation to the
Grant Ad Hoc Committee on December 17, 2003 (see attachment). Speicher Park area in the 7'"
Ward and the development of four new soccer fields will add significant value and revenue
generating ability to the adjacent the soccer complex. This facility is one of (2) facilities in the
park system that generates significant revenue. This grant opportunity is one of several available
through the State and other opportunities will be available during 2004 for other Wards. The
Park and Recreation Commission is completing a list of projects for future grant proposals.
The development of the soccer fields will require grading, irrigation, seeding and fencing of the
field. The Park Maintenance Division will grade the fields as an in-kind labor cost of $13,000,
which will be used as matching funds for this project. The estimated cost of the project is
$150,000.
Recommendation
Adopt resolution.
Financial ImDact
$13,000 in-kind cost for grading covered by Department operating fund
Memorandum
To:
Fred Wilson - City Administrator
From:
Lemuel Randolph - Parks, Recreation and Community Services Director
Date:
December II, 2003
Re:
Urban Park Act of2001 Grant Application
In November, the Grant Ad Hoc committee met to discuss capital projects that would be
eligible for competitive grants under Proposition 40, the Resources Bond Act of 2002. At
that meeting, the committee gave staff direction to solicit capital project ideas from other
council members and review park capital projects with the Parks and Recreation
Commission to receive input on their recommended priorities for grant application. The
commission meeting will take place on December 18. However in advance of the
commission meeting, it is critical that staff receive direction regarding a grant application
under the Urban Park Act of 2001 due to its submission deadline of January 15, 2004. As
a result, through input from several council members and staff, the attached list of
projects represent possibilities for an application under this Act.
Based on the following criteria and the capability to develop a strong application given
the significant time constraints, the 4 additional soccer fields at Speicher Park represent
staffs recommendation for application.
Summary oftbe Urban Park Act Criteria
The Urban Park Act of2001
Funding Available: $130,690,000.
Match Required: Applications including a match commitment receive a higher priority
Eligible Projects: Eligible Projects
Acquisition (willing seller only) or Development, or both, of property for New Urban
Parks, New Recreational Facilities, or New Multipurpose Facilities, including, but not
limited to:
. Places for organized team sports
. Indoor and outdoor recreation
. Informal turf play
. Non-motorized recreational trails
. Permanent play structures
. Landscaping
. Places for passive recreation
. Enjoyment of scenic open space
. Nature appreciation, study, and education
. Multipurpose structures (indoor or outdoor) designed to meet the special
recreational, educational, vocational and social needs of youth, senior citizens,
and other urban population groups
. Infrastructure and other improvements that support these facilities
I I
Ineligible Projects: Rehabilitation of an existing park or recreational facility
Minimum grant request is: $ 100,000 per Project.
Maximum grant request is: $3,000,000 per Project.
Application Deadline is January 15, 2004
POTENTIAL PROJECTS FOR THE URBAN PARK ACT OF 2001
Ward 1
New community center at Nunez Park
(Ward 2
1!erris Hill Senior Center expansion
Ward 3
5 youth soccer fields south of Arrowhead Credit Union Park
.;j.:. Ward 4
7\ Trail and passive linear park between 40th and 54th street along Electric Avenue
Ward 5
New Community Center w/gymnasium
Ward 6
Gymnasium addition to Delman Heights Center
rWard 7 l
1 4 new soccer fields at Speicher Park · '1~ ~c~{I\
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RESOLUTION 00 lPl:f
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN
BERNARDINO OR HER DESIGNEE TO APPLY FOR AND ADMINISTER A GRANT
FROM THE URBAN PARK ACT OF 2001 UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002 FOR THE DEVELOPMENT OF FOUR NEW SOCCER
FIELDS AT SPEICHER PARK.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
WHEREAS, the people of the State of California have enacted the CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002, which provides funds to the State of California for grants to
eligible Applicants; and
WHEREAS, the California Department of Parks and Recreation has been delegated the
responsibility for the administration of the Urban Park Act of 2001 Program-and the grant
Project shown above within the State, setting up necessary procedures, and
WHEREAS, said procedures established by the California Department of Parks and
Recreation require the Applicant's Governing Body to certify by resolution the approval of the
Application before submission of said Application to the State, and
WHEREAS, the Applicant will enter into a Contract with the State of California for the
Project;
NOW, THEREFORE, BE IT RESOLVED that the City of San Bernardino hereby:
1_ Approves the filing of an Application for local assistance funds from the Urban Park
Act of2001 Program under the California Clean Water, Clean Air, Safe Neighborhood
Parks and Coastal Protection Act of 2002; and
2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the
Project; and
3. Certifies that the Applicant has reviewed, understands, and agrees to the General
Provisions contained in the Contract shown in the Procedural Guide; and
4. Certifies that the Grantee has or will have available, prior to commencement of any
work on the Project, the proportional Match; and
5. Certifies that the Project conforms to the recreation element of any applicable city or
county general plan; and .
6. Appoints the Director of Parks, Recreation and Community Services Department as
agent to conduct all negotiations, execute and submit all documents including, but not
limited to, applications, payment requests, and other documents which may be
necessary for the completion of the Project.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR OF THE CITY OF SAN
BERNARDINO OR HER DESIGNEE TO APPLY FOR AND ADMINISTER A GRANT
FROM THE URBAN PARK ACT OF 2001 UNDER THE CALIFORNIA CLEAN
WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002 FOR THE DEVELOPMENT OF FOUR NEW SOCCER
FIELDS AT SPEICHER PARK
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
, 2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN LONGVILLE
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
day of
2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Atto
By:
,
Procedural Guide
for the
2002 Resources Bond Act
URBAN PARK ACT OF 2001
California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act of 2002
July 2003
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
"Creating Community through People, Parks and Programs"
OFFICE OF GRANTS AND LOCAL SERVICES CONTACT INFORMATION:
Telephone: (916) 653-7423
Facsimile:
(916) 653-6511
INQUIRIES
Direct all inquiries, correspondence, and grant Applications to individual Project Officers.
Project Officers' names, phone numbers, and geographic assignments can be found on
the Department's web site at http://www.parks.ca.qov/ by following related links to the
"Grants and Bond Acts", and the "Resources Bond Act of 2002".
MAILING ADDRESS:
Project Officer (Name)
California Dept. of Parks and Recreation
Office of Grants and Local Services
P.O. Box 942896
Sacramento, CA 94296-0001
HAND DELIVERY OR OVERNIGHT CARRIER:
Project Officer (Name)
California Dept. of Parks and Recreation
Office of Grants and Local Services
1416 9th Street, Room 918
Sacramento, CA 95814
Urban Park Act of 2001 Procedural Guide
r:
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
DEPARTMENT MISSION
The mission of the California Department of Parks and Recreation is to provide for the
health, inspiration and education of the people of California by helping to preserve the
State's extraordinary biological diversity, protecting its most valued natural and cultural
resources, and creating opportunities for high-quality outdoor recreation.
THE OFFICE OF GRANTS AND LOCAL SERVICES (OGALS) MISSION STATEMENT
The Mission of the Office of Grants and Local Services is to address California's diverse
recreational, cultural and historical resource needs by developing grant programs,
administering funds, offering technical assistance, building partnerships and providing
leadership through quality customer service.
OGALS VISION GOALS
To Be:
. A leader among park and recreation professionals.
. Proactive in anticipating public park and recreation needs and how new legislation
and grant programs could best meet these needs.
. Honest, knowledgeable and experienced grant administration facilitators.
. Sensitive to local concerns while mindful of prevailing laws, rules and regulations.
. Perceptive to opportunities for partnerships, growth and renewal where few existed
before.
. Committed to providing quality customer service in every interaction and transaction.
. Responsive to the needs of Applicants, grantees, Nonprofit Organizations, local
governments, legislative members, and department employees.
INTRODUCTION
The intent of this guide is to assist with the Application and administration process for
the Urban Park Act of 2001 Grant Program. The following guidelines contain elements
of the Resources Bond Act of 2002 programs administered by the Department of Parks
and Recreation, Office of Grants and Local Services.
Urban Park Act of 2001 Procedural Guide
Urban Park Act of 2001 Procedural Guide
"
TABLE OF CONTENTS
I. DEFINITIONS............................... ............... ....... ........... .........................1
II. GENERAL INFORMATION ....................................................................................5
Bond Act Intent........................................................................................................ 5
Re-use of Existing Buildings.................................................................................... 5
Funds Reverting to the Legislature .........................................................................5
Legal Requirements ........................... ................. .................................................... 5
Site Visits............................................ ....................................................................5
Accounting Requirements ....................................................................................... 5
State Audit............................................................................................................... 5
III. URBAN PARK ACT OF 2001 PROGRAM DESCRIPTION .................................... 7
Urban Park Act of 2001 Program Intent ..................................................................7
Key Dates... ...... ..... ............................................................................................... 7
Amount of Funds Available: $130,690,000..............................................................7
Minimum and Maximum Grant Amounts ................................................................. 7
Matching Contribution............................................................................................. 7
Eligible Applicants................................................................................................... 8
Eligible Projects....................................................................................................... 8
Ineligible Projects.................................................................................................... 9
Competitive Process Overview............................................................................... 9
How to Submit an Application ...............................................................................10
Application Requirements and Checklist...............................................................11
IV. PROJECT SELECTION CRITERIA......................................................................13
Project Summary................................................................................................... 13
Project Selection Criteria Introduction: ..................................................................13
Project Selection Criteria....................................................................................... 13
V. ADMINISTRATIVE PROVISIONS ........................................................................20
Match Description................................................................................................. 20
Calculating Volunteer Labor as a Match Source ...................................................20
Land Tenure Requirements................................................................................. ..20
Changes to Project Scope.................................................................................. ...21
Fidelity Bond....................................................... ..................................................21
Three-Bid Process................................................................................................ 22
Project Withd rawals............................................................................................... 22
CEQA Compensation............................................................................................ 22
Loss of Funding............ ,........................................................................................ 22
Public Access........................................................................................................ 22
Urban Park Act of 2001 Procedural Guide
j
VI. PAYMENT PROCESS ..........................................................................................23
Grant Fund Availability. .... .................................................................................. ...23
Interest Earned From an Advance ........................................................................23
Payment Request Process - Development Projects.............................................23
Payment Request Process - For Projects Involving Acquisition ...........................24
Eligible Costs..................................................................................................... ...25
VII. APPENDiCES....................... ................................................................27
APPENDIX A - Application Form ..........................................................................28
APPENDIX B - Resolution....................................................................................30
APPENDIX C - Sources of All Additional Funds................................................... 33
APPENDIX D - Sample Cost Estimate .................................................................35
APPENDIX E - Sample Acquisition Schedule ......................................................37
APPENDIX F - Sample Grant Contract ................................................................39
APPENDIX G - Payment Request Form...............................................................46
APPENDIX H - Project Completion Packet ..........................................................49
Urban Park Act of 2001 Procedural Guide ii
I. DEFINITIONS
Capitalized words and terms, other than the first word of each sentence, appear in
these guidelines. Unless otherwise stated, the terms used in this Procedural Guide
shall have the following meanings:
Acquisition- a grant may be expended to acquire the fee title, leasehold, or other
interest in real property. If an Applicant proposes to acquire less than fee title, the
Applicant shall demonstrate in the Application to the satisfaction of the Department that
the proposed Project will provide public benefits that are commensurate with the type
and duration of the interest in real property to be acquired. Land or interests in land
acquired with Bond Act funds shall be acquired from a willing seller. All acquisitions
shall be in perpetuity.
Acquisition and Development- a Project that combines Acquisition of real property
with Development for a New Park, New Recreational, or New Multipurpose Facility.
Applicant- an agency or organization requesting funding from a grant program
administered by the Department.
Application- the individual Application form and its required attachments for grants
pursuant to the enabling legislation and/or program.
Appropriation- a Legislative budget authorization from a specific fund to a specific
agency or program to make expenditures or incur obligations for a specific purpose and
period of time.
Area of Blight- all or part of the Project service area is generally physically dilapidated,
and the Project service area is characterized by the following social and physical
attributes including, but not limited to:
. Serious building code violations
. Inadequate utilities
. Evidence of gang or other types of criminal activity
. Economically depressed due to abnormally high business vacancies
. Residential overcrowding
. High crime rate
. Environmental hazards
. Brown fields
. Unauthorized dumping areas
. Neglected vacant lots
. Homelessness
. Community Development Block Grant areas
At-Risk Youth - persons who have not attained the age of 24 years, and are at high
risk of being affected by criminal activity, adolescent pregnancy, school failure or
dropout, juvenile delinquency, gangs, or substance abuse.
Urban Park Act of 2001 Procedural Guide 1
Bond Act- the California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Act of 2002, also known as the Resources Bond Act of 2002.
Capital Improvement- Projects that utilize expenditures for Acquisition, Development,
or both, of land and/or Facilities to improve the property's usage and access for park
and recreation purposes. Funds for Development shall be used only for permanent or
fixed features of the property.
CEQA- the California Environmental Quality Act as stated in the Public Resources
Code Section 21000 et seq.; Title 14 California Code of Regulations Section 15000 et
seq. CEQA is a law establishing policies and procedures that require agencies to
identify, disclose to decision makers and the public, and attempt to lessen significant
impacts to environmental and historical resources that may occur as a result of the
agency's proposed Project.
City- a city or a city and county.
Competitive- a grant process whereby Projects are ranked and selected based upon
program-specific criteria.
Contract- an agreement between the Department and the Grantee specifying the
payment of funds by the Department for the performance of the Project Scope within the
Project Performance Period by the Grantee.
Department- the California Department of Parks and Recreation.
Development- capital improvements to real property by construction for a New Park,
New Recreational, or New Multipurpose Facility using Bond Act funds.
Director- the Director of the California Department of Parks and Recreation.
District- any regional park District, regional park and open-space District, or regional
open-space District formed pursuant to Article 3 (commencing with Section 5500) of
Chapter 3 of the Public Resources Code, or a recreation and park district formed
pursuant to Chapter 4 (commencing with Section 5780) of the Public Resources Code.
Economic Revitalization- the Project will create Employment Opportunities, increase
sales tax revenue and property values, and/or improve the physical appearance of the
Project service area.
Employment Opportunities- the employment or employment training, paid or unpaid,
during the inception, construction, or subsequent operation of the Project that will be
available for residents, including but not limited to At-Risk Youth from the Project
service area, or members of the California Conservation Corps, certified conservation
corps, or other youth employment programs.
Facilities- includes, but is not limited to, places for organized team sports, outdoor
recreation, and informal turf play; non-motorized recreational trails; permanent play
structures; landscaping; places for passive recreation, enjoyment of scenic open space,
Urban Park Act of 2001 Procedural Guide 2
r
nature appreciation and study, and outdoor education; multipurpose structures designed
to meet the special recreational, educational, vocational, and social needs of youth,
senior citizens, and other urban population groups; and infrastructure and other
improvements that support these Facilities.
Fidelity Bond- an insurance policy that protects the Nonprofit Grantee in case of
intentional loss of money or property due to employee theft, forgery, larceny, or
embezzlement.
Force Account- Project work performed by a Grantee's own work force. Force Account
expenses are eligible costs for reimbursement or Match.
Fully Usable- after expenditure of grant funds and Matching funds, the Project will be
open and available to the public for the full range of use as stated in the Project Scope
section of the Project Application form.
Grantee- an entity that has a Contract for grant funds.
Heavily Urbanized County- a county with a population of 500,000 or more, and with a
density of at least 1,100 persons per square mile, based on the most recent verifiable
census data.
Historical Resource- includes, but is not limited to, any building, structure, site, area,
place, artifact, or collection of artifacts that is historically or archaeologically significant
in the cultural annals of California.
In-Kind- those funds and/or donations, which may be from a non-state source, and
which may include local or private funds, as well as materials and services. These
expenses shall be eligible only as Match.
Joint Powers Authority- an agreement for operation and management of lands
between any eligible City or District that includes a City or District, irrespective of
population in a Heavily Urbanized County, to undertake a Project.
Joint-Use Project- two or more agencies or organizations that will share responsibility
for ownership (Acquisition), Development, operation, and/or maintenance of the Project.
Match- contributions to the Project, in addition to grant funds, which may be in the form
of money from any source, including funds from other state local assistance programs;
gifts of real property, equipment, and consumable supplies; volunteer services; free or
reduced-cost use of land, Facilities, or equipment; and bequests and income from wills,
estates, and trusts.
New Urban Park, New Recreational Facility, or New Multipurpose Facility- the
Acquisition, Development, or Acquisition and Development, of property for the creation
of a park, recreational, or multipurpose Facility where none currently exists, or the
substantial improvement of an existing park, recreational or multipurpose Facility which
allows for use beyond the Facility's original purpose.
Urban Park Act of 2001 Procedural Guide 3
f
Nonprofit Organization- any nonprofit public benefit corporation formed pursuant to
the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of the
Corporations Code), qualified to do business in California, qualified under Section
501 (c)(3) ofTitle 26 of the United States Code, and that has among its primary
purposes the preservation, protection, or enhancement of land or water resources in
their natural, scenic, historical, agricultural, forested, or open space condition or use, or
the provision of conservation and environmental education and other recreational,
vocational, and educational services to urban youth.
Outdoor Learning Opportunities- the Project is designed to accommodate
recreational and educational activities for school pupils or At-Risk Youth from the
Project service area, neighborhood residents, or members of the California
Conservation Corps, certified conservation corps or other youth employment programs.
Project- the Acquisition, Development, or Acquisition and Development, of real property
for a New Urban Park, New Recreational Facility, or New Multipurpose Facility to be
accomplished with grant funds and Match.
Project Officer- an employee of the Department who acts as a liaison with the
Applicants or Grantees, administers grant funds, and ensures compliance with
guidelines and grant contracts.
Project Performance Period- the period of time that the grant funds are available, the
time in which all costs must be incurred, and the Project must be completed, billed and
paid. Only eligible costs incurred during the Project Performance Period will be paid.
Project Scope- the description or activity of work to be accomplished on the Project, as
described in the Application form, utilizing grant funds and required Match, as
applicable.
Rehabilitation- renovation to a park and recreation Facility to return it to its original or
'near' original purpose. Rehabilitation Projects are not eligible under this program.
State Grant Amount- the amount of grant funds assigned to a specific Project.
Note: Authority cited: Sections 5003 and 5647, Public Resources Code. Reference: Sections 5096.605,
5642 and 5643, Public Resources Code.
Urban Park Act of 2001 Procedural Guide 4
,
II. General Information
Bond Act Intent
The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
Protection Act of 2002 is intended to acquire and develop properties of the state park
system, to acquire and develop neighborhood, community, and regional parks and
recreational areas, for land, air, and water conservation programs, including acquisition
for those purposes, and to acquire, restore, preserve and interpret California's historical
and cultural resources.
Re-use of Existina Buildinas
The Department recommends that grant recipients consider refurbishing existing
buildings for new uses appropriate to this grant program.
Funds Revertina to the Leaislature
Any grant funds that are not encumbered within three years and expended by the
Grantee within eight years from the date of Appropriation shall revert to the fund and be
available for Appropriation by the Legislature for one or more of the local assistance
programs that the Legislature determines to be the highest priority statewide.
Leaal Reauirements
The Grantee shall comply with all applicable current laws and regulations affecting
Acquisition and 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.
Site Visits
The Grantee shall permit site visits, including a final inspection of the Project lands or
Facilities acquired or developed using Bond Act funds, to determine if the work
performed is in accordance with the approved Project Scope.
Accountina Reauirements
Grantees shall maintain an accounting system that does the following:
. Accurately reflects fiscal transactions, with the necessary controls and
safeguards
. Provides good audit trails, especially the source documents (purchase orders,
receipts, progress payments, invoices, time cards, canceled warrants, warrant
numbers, etc.)
. Provides accounting data so the total cost of each individual Project can be
readily determined
State Audit
Projects are subject to audit by the Department for three years following the final
payment of grant funds. The audit shall include all books, papers, accounts,
documents, or other records of the Grantee as they relate to the Project for which the
funds were granted. The Grantee shall provide the following:
. Project records, including the source documents and cancelled warrants, readily
available to the Department
Urban Park Act of 2001 Procedural Guide 5
r
. An employee having knowledge of the Project to assist the Department's auditor
. A copy of any document, paper, record, or the like requested by the Department
. All Project records must be retained for at least three years following the final
payment of grant funds or for one year following an audit, whichever is later
Note: Authority cited: Sections 5003 and 5647, Public Resources Code. Reference: Sections 5096.620,
5096.633, 5641, and 5643, Public Resources Code.
Urban Park Act of 2001 Procedural Guide 6
III. URBAN PARK ACT OF 2001 PROGRAM DESCRIPTION
Urban Park Act of 2001 Proaram Intent
The Urban Park Act of 2001 will finance the Acquisition and Development of parks,
recreation areas, and Facilities in neighborhoods currently least served by park and
recreation providers. These neighborhoods are often the same areas that suffer most
from high unemployment and destructive or unlawful conduct by youth. The Urban Park
Act program will also encourage community participation in, and responsibility for, New
Urban Parks, New Recreational Facilities, or New Multipurpose Facilities. These
Facilities will provide safe recreational opportunities for children, positive outlets for
youth, the special recreational and social needs of senior citizens, and other urban
population groups.
Key Dates ilestones
July 1, 2002 Appropriation Date
January 15, 2004 Application Deadline
June 30, 2005 Grantee must have a fully-executed Contract
Grantee must have completed the Project and
June 30, 2010 received the final grant payment from the
Department
M
Amount of Funds Available: $130.690,000
The State costs of administering the Bond Act shall be paid out of the bond proceeds.
These costs shall be shared proportionately by each program funded through this Bond
Act. The amount of funds available reflects the state administrative costs deduction.
Minimum and Maximum Grant Amounts
The minimum grant amount is: $100,000
The maximum grant amount is: $3,000,000
Matchina Contribution
When evaluating Applications for grants, the Department shall assign higher priority to
Applications that include a commitment for Match. The Department shall evaluate the
amount of the Matching contribution in terms of its proportionality in relation to the
economic resources of the Applicant. See page 20 for further information.
Note: Authority cited: Sections 5003 and 5647. Public Resources Code. Reference: Section 5646, Public
Resources Code
Urban Park Act of 2001 Procedural Guide 7
Eliqible Applicants
Heavily Urbanized Counties with a population of 500,000 or more and with a density of
at least 1,100 persons per sq. mile, based on the 2000 United States Census, and
Cities, Districts, Nonprofit Organizations, and Joint Powers Authorities located in the
Heavily Urbanized Counties. These counties are:
- Alameda
- Contra Costa
- Los Angeles
- Orange
- Sacramento
- San Francisco
- Santa Clara
- San Mateo
Cities with a population of 100,000 or more that are not in a Heavily Urbanized County,
and Districts, Nonprofit Organizations, and Joint Power Authorities within these cities.
These cities are:
- Bakersfield
- Chula Vista
- Corona
- Escondido
- Fairfield
- Fontana
- Fresno
- Modesto
- Moreno Valley
- Oceanside
- Ontario
- Oxnard
- Rancho Cucamonga
- Riverside
- Salinas
- San Bernardino
- San Buenaventura
- San Diego
- Santa Rosa
- Simi Valley
- Stockton
- Thousand Oaks
- Vallejo
Eliaible Proiects
Acquisition (willing seller only) or Development, or both, of property for New Urban
Parks, New Recreational Facilities, or New Multipurpose Facilities, including, but not
limited to:
. Places for organized team sports
. I ndoor and outdoor recreation
. Informal turf play
. Non-motorized recreational trails
. Permanent play structures
. Landscaping
. Places for passive recreation
. Enjoyment of scenic open space
. Nature appreciation, study, and education
. Multipurpose structures (indoor or outdoor) designed to meet the special
recreational, educational, vocational and social needs of youth, senior
citizens, and other urban population groups
. Infrastructure and other improvements that support these facilities
Urban Park Act of 2001 Procedural Guide 8
.
Ineliaible Proiects
The Rehabilitation of an existing park or recreational Facility is not eligible under this
program.
Competitive Process Overview
1. The Applicant prepares and submits a Grant Application package to the
Department, as per the Application Requirements and Checklist on page 11.
2. The Department reviews the Application package to determine whether the
Application is complete.
3. The Department sends a letter to the Applicant notifying the Applicant whether
the Application is complete or if more information is needed.
4. The Department evaluates all Applications based on eligibility and ranking
criteria.
5. The Department selects the Projects for funding.
6. The Department informs the Applicants of approval/disapproval of grant award.
7. If approved, the Applicant receives instructions to initiate the grant award process
from the Department.
8. The Department sends the Contract to the successful Applicant (hereinafter
referred to as Grantee) for signature.
9. The Grantee returns a signed copy of the Contract to the Department.
10. The Department returns a fully executed Contract to the Grantee. After the
Contract is executed, the Grantee may request payments for the Project. See
page 23, Payment Process.
11.A Nonprofit Grantee shall submit a Fidelity Bond before a payment request can
be processed.
12. The Grantee completes the Project and submits the Project completion packet.
13. The Department Project Officer makes a final on-site Project inspection.
14.The Department processes the final payment.
15. The Department may perform an audit of the completed Project.
Urban Park Act of 2001 Procedural Guide 9
.
How to Submit an Aoolication
Applications must be received by 4:30 p.m., or postmarked by January 15, 2004, at the
following mailing address:
Project Officer (Name)
California Dept. of Parks and Recreation
Office of Grants and Local Services
P.O. Box 942896
Sacramento, CA 94296-0001
If submitting an Application by hand delivery or overnight carrier:
Project Officer (Name)
California Dept. of Parks and Recreation
Office of Grants and Local Services
1416 9th Street, Room 918
Sacramento, CA 95814
All Applicants are required to submit one unbound, original copy of the Application
package. Do not submit Applications in binders. Each Application must include a Table
of Contents with documents submitted in the order listed in the Application Requirements
and Checklist. All pages shall be numbered (handwritten numbers are acceptable).
NOTE: An Applicant may submit an Application for more than one Project. Each
Project must have its own Application.
Letters of support from the Legislature or other entities should be directed to the
Applicant. Applicants may include these letters with the Project Application.
Urban Park Act of 2001 Procedural Guide 10
,
Application Reauirements and Checklist
The Project Application shall consist of one copy of each of the following items, in the
order they are listed below:
1. 0 Proiect Application Form. The Project Application Form must be completed and
signed by the Applicant's authorized representative and the representative from
the Applicant's planning agency (see page 29).
2. 0 Resolution. The Applicant submits the authorizing Resolution from the Applicant's
governing body, using the required language in the Sample Resolution (see page 31).
3. 0 Proiect Summarv. Provide a one page maximum summary that clearly explains
the Project and any additional enhancement or Development plans to be made to
the Project site (see page 13).
4. 0 Proiect Selection Criteria.
5. 0 Cost Estimate (Development Proiects only). Provide details on non-construction
costs and construction costs. Refer to the Eligible Costs Chart (see page 26) and
Sample Cost Estimate (see page 36) when formulating a cost estimate.
6. 0 Sources of All Additional Funds. Provide a list of all Matching funds and other
sources of additional funds for the Project (if applicable).
7. 0 Acquisition Schedule. For Projects involving Acquisition, provide a schedule and
an Acquisition map outlining the acreage and parcel number(s) to be acquired
(see page 38).
8. 0 CEQA. The Applicant is required to comply with CEQA. The Applicant should
check with its local city or county planning agency for more information on how to
complete CEQA.
The Department encourages CEQA compliance at the time of Application.
However, the Applicant may choose an alternate process outlined below to
postpone final CEQA compliance until one year from the grant award
announcement. In either case, CEQA compliance is required prior to
commencement of construction or Acquisition. Complete CEQA documentation
must include one of the following:
a) A Notice of Exemption filed with, and stamped by, the county clerk, or
b) An Initial Study with a Negative Declaration, with the response from the State
Clearinghouse, and a copy of the Notice of Determination filed with, and
stamped by the county clerk, or
c) An Initial Study and an Environmental Impact Report, with the response from
the State Clearinghouse, and a copy of the Notice of Determination filed
with, and stamped by the county clerk.
Urban Park Act of 2001 Procedural Guide 11
"
Complete CEQA Documentation at the time of Application:
. Submit the items required in either item (a), (b), or (c) above
Alternate CEQA process
. At the time of Application:
Submit an Initial Study and a description of how the Applicant will
complete the CEQA process within one year from the grant award
announcement.
. If grant is selected:
Complete CEQA process and submit items required in either item (a), (b),
or (c) above within one year from the grant award announcement.
9. D Land Tenure (Development Projects only). Provide documentation (lease,
agreements, etc.) verifying that land tenure requirements have been met
(see page 20).
10. D Leases or Aareements. Provide a list of all other leases, agreements, etc.,
affecting Project lands or the operation and maintenance thereof, excluding those
relevant to land tenure (if applicable).
11. D Site Plan. For Projects involving Development, provide a drawing or depiction
indicating what improvements the Applicant will make, where the improvements
will be located on the property, and the approximate square footage of the
improvements.
12. D Topoaraphic Map. Provide a 8;;''' X 11" topographic map indicating: the Project site
location; the Project's service area referenced in Project Selection Criteria #1,5,6,7
& 8; and the circle with a one-mile radius referenced in Project Selection Criteria #2.
This map should be a 7.5-Minute Series (1 :24,000 scale).
13. D Project Location Map. Provide a map (city or county) with enough detail to allow
a person unfamiliar with the area to locate the Project. The map should indicate
access points to the site.
14. D Photos of the Project Site.
15. D Reauired Reaulatorv Permits. Provide a list of existing and additional required
permits, if applicable, the status of each, and indicate when permit approval
would occur. Examples include:
. State Lands Commission
. San Francisco Bay Conservation and Development Commission
. Regional Coastal Zone Protection Commission
. Corps of Engineers
Urban Park Act of 2001 Procedural Guide 12
16. D Nonprofit Reauirements. If the Applicant is a Nonprofit Organization, please
provide the following:
. Articles of incorporation
. Mission statement
. Most recent annual report and budget
. Verification of 501 (C)(3) status
Note: Authority Cited: Sections 5003 and 5647, Public Resources Code. Reference: Sections 5096.610,
5096.620, 5096.625, 5641, 5642, 5643, 5644, 5645 and 5646, Public Resources Code
IV. Project Selection Criteria
Proiect Summary
To facilitate the Department's understanding of the proposed Project, provide a one-
page maximum summary that clearly explains the Project and any additional
enhancement or Development plans to be made to the Project site. The one-page
summary will not be scored.
Proiect Selection Criteria Introduction:
. The Applicant must respond to the following criteria in the order in which they
appear.
. Please respond to each criterion separately.
. Limit the written response to no more than 15 pages, 8%" x 11" paper, single-sided,
double-spaced, with 12-pointfont. Attachments do not count as part of the 15 pages.
. The meanings of capitalized words and phrases used below can be found in the
definitions section on page 1.
Proiect Selection Criteria
The Department will use the following criteria to evaluate your Project:
1. Explain why the existing parks, park land, or park and recreation Facilities in the
Applicant's Project service area do not adequately meet the needs of the Project's
service area residents. The Applicant shall define the Project's service area
consistent with the type of Project. The Project's service area, once defined by the
Applicant, must be the same for Project Selection Criteria numbers 1, 5, 6, 7 & 8.
(20 Points)
20-14 Points:
The Applicant provides a well-supported explanation as to why residents' needs are
not adequately met.
13-7 Points:
The Applicant provides a reasonably well-supported explanation.
Urban Park Act of 2001 Procedural Guide 13
6-0 Points:
The Applicant provides a minimally supported explanation or does not respond to
the criterion.
2. Provide information about significant deficiencies of parks, park land, or park and
recreation Facilities within a circle with a one-mile radius (the Project site may be
anywhere within the circle) by answering the following: (10 Points)
. How many acres of usable park land are currently found within the circle with a
one-mile radius? If appropriate, Applicants must substantiate why existing park
land is not usable.
. What is the population within the circle with a one-mile radius? (based on the
2000 U.S. Census).
. If the Applicant has high park acreage relative to the population within the circle
with a one-mile radius, 2 additional points may be awarded, up to the maximum
score of 10 points, if it is demonstrated that the Facility will draw high visitation
from a larger service area. Please include in the narrative a short, concise
statement explaining why the Project should receive the 2 additional points.
The scale below will determine the maximum number of points given to the
area that has the lowest ratio of parkland per 1000 residents.
Points:
10
8
6
4
2
o
From 0 to less than 1 acres er 1 000 residents
From 1 to less than 2 acres er 1,000 residents
From 2 to less than 3 acres er 1,000 residents
From 3 to less than 4 acres er 1,000 residents
From 4 to less than 5 acres er 1,000 residents
More than 5 acres er 1,000 residents, or no information
3. What methods were used to include the affected community residents in the Project
planning process? (10 Points)
The maximum number of points will be given to a Project that includes participation by
the broadest representation of the affected community residents.
10-8 Points:
The Applicant has made a concerted effort to involve the broadest representation of
the affected community residents in the Project planning process.
7-5 Points:
The Applicant has made a moderate effort to involve the broadest representation of
the affected community residents in the Project planning process.
Urban Park Act of 2001 Procedural Guide 14
.
"
4-0 Points:
The Applicant has made limited effort to involve the broadest representation of the
affected community residents in the Project planning process or does not respond to
the criterion.
4. How will the Project meet the needs of the affected community residents?
(15 Points)
. What are the affected community residents' opinions about parks, park land, or park
and recreation Facility needs?
. How did the affected community residents' involvement in the Project planning
process affect the Project Scope?
The maximum number of points will be given to a Project that implements a variety
of ideas expressed by the affected community residents, considering the size and
Project Scope.
15-12 Points:
The Project will include an extensive use of ideas from the affected community
area residents, considering the size and type of the Project.
11-8 Points:
The Project will include a moderate use of ideas from the affected community area
residents, considering the size and type of the Project.
7-4 Points:
The Project will include limited use of ideas from the affected community area
residents, considering the size and type of the Project.
3-0 Points:
The Project will not include ideas from the affected community area residents or
the Applicant does not respond to the criterion.
5. Describe how the Project will accommodate Outdoor Learning Opportunities for
school pupils or At-Risk Youth from the Project's service area, or members of the
California Conservation Corps, certified conservation corps or other youth
employment programs. (5 Points)
. If the Project is for Development, describe by using a chart or narrative showing
the proposed Project's features and type of activities.
. If the Project is for Acquisition, describe the Outdoor Learning Opportunities that
are expected to occur at the site.
The maximum number of points will be given to a Project that will accommodate a
variety of activities.
Urban Park Act of 2001 Procedural Guide 15
I
I
I'
5-4 Points:
The Applicant has designed the Project to include a broad range of Outdoor
Learning Opportunities.
3-2 Points:
The Applicant has designed the Project to include a limited range of Outdoor
Learning Opportunities.
1-0 Points:
The Applicant has designed the Project to include a minimal range of Outdoor
Learning Opportunities or does not respond to the criterion.
6. How will the Project be usable by pupils from one or more public schools in the
Project's service area? (5 Points)
The maximum number of points will be given to Projects that will be usable by pupils
from one or more public schools in the Project's service area.
5 Points:
The Project will be usable by pupils from one or more public schools in the
Project's service area.
o Points:
There are no public schools in the Project's service area or the Project will not be
usable by pupils, or the Applicant does not respond to the criterion.
7. Describe how the Project will wholly or partly replace an Area of Blight or how the
Project will significantly contribute to the Economic Revitalization in the Project's
service area. (10 Points)
. Describe how the area is blighted and/or needs Economic Revitalization. Provide
a maximum of 4 photographs.
. How will the Project wholly or partly replace blight andlor contribute to the
Economic Revitalization of the Project's service area?
The maximum number of points will be given to a Project that will wholly or partly
replace blight and/or significantly contribute to the Economic Revitalization of the
Project's service area.
10-7 Points:
The Applicant provides a clear description of how the Project's service area has
an Area of Blight andlor how the Project will significantly contribute to the
Economic Revitalization of the Project's service area.
Urban Park Act of 2001 Procedural Guide 16
6-4 Points:
The Applicant provides a reasonably clear description of how the Project's
service area has an Area of Blight andlor how the Project will contribute to the
Economic Revitalization of the Project's service area.
3-0 Points:
The Applicant provides a poor description of how the Project's service area has
an Area of Blight andlor how the Project might contribute to the Economic
Revitalization of the Project's service area or does not respond to the criterion.
8. Describe the plan for employment or employment training for the residents, including
At-Risk Youth, from the Project's service area, or members of the California
Conservation Corps, certified conservation corps, or other youth employment
programs, during the planning, construction, or long-term operation of the Project, by
answering the following: (5 Points)
. What types of employment or employment training will be available?
. How long will the employment or employment training be available?
. Who will provide the employment or employment training?
. How will the Project's service area residents, At-Risk Youth, members of the
California Conservation Corps, certified conservation corps, or other youth
employment programs be recruited for the employment or employment training?
The maximum number of points will be given to a Project that provides a clearly
developed plan for Employment Opportunities or training.
5-4 Points:
The Applicant provides a well-developed plan, which has specific details about
the types, duration, entities, and recruitment strategy to employ or provide
employment training.
3-2 Points:
The Applicant provides a reasonably developed plan, which lacks specific details
about the types, duration, entities, or recruitment strategy to employ or provide
employment training.
1-0 Points:
The Applicant provides a poorly developed plan, which has few details about the
types, duration, entities, or recruitment strategy to employ or provide employment
training or does not respond to the criterion.
9. Provide a plan for a Joint-Use Project that describes the agencies or organizations
shared responsibilities for ownership, (Acquisition, if applicable), Development,
operation, or maintenance of the Project. (10 Points)
Urban Park Act of 2001 Procedural Guide 17
.'
The maximum number of points will be given to a Joint-Use Project having a clearly
defined plan showing how each Project partner will contribute to the long-term
sustainability of the Project.
10-8 Points:
The Joint-Use plan is clearly defined, and there is strong evidence of long-term
sustainability.
7-5 Points:
The Joint-Use plan is less clearly defined, and there is some evidence of long-term
sustainability.
4-0 Points:
The Joint-Use plan is poorly defined, and there is little or no evidence of long-term
sustainability, or the Applicant did not submit a Joint-Use plan.
10. To demonstrate that the Project will be Fully Usable on or before the end of the
Project Performance Period (June 30, 2010), describe how the requested grant
amount and Match will result in a completed Project. (5 Points)
. Will the requested grant amount and Match meet all Project costs?
. Provide a timeline that describes the key milestones of the proposed Project.
. Describe how the Project will be Fully Usable when construction is completed.
The maximum number of points will be given if the Match is committed and,
combined with the requested grant amount, will result in a Fully Usable Project.
5-4 Points:
The Applicant provides clear evidence that grant and Match will meet all Project costs.
Grant, Match, and timeline, when evaluated, indicate a satisfactory conclusion to the
Project.
3-2 Points:
The Applicant provides less clear evidence that grant and Match will meet all Project
costs. Grant, Match, and timeline, when evaluated, indicate a less than satisfactory
conclusion to the Project.
1-0 Points:
The Applicant provides little or no evidence that grant and Match will meet all Project
costs. Project completion is less than certain.
11. Explain why the Match contribution is proportional to the Applicant's economic
resources by answering the following: (5 Points)
. What economic resources does the Applicant have available to address
deficiencies in parks and recreation Facilities? How does the Match compare to
the Applicant's economic resources?
Urban Park Act of 2001 Procedural Guide 18
-
. What is or are the source(s), amount(s), and type(s) of Match?
. What has the Applicant done to secure other funds?
The maximum number of points will be given to an Applicant with a Match
contribution that is proportional to the Applicant's economic resources.
5-4 Points:
The Applicant clearly demonstrates that the Match contribution is in reasonable
proportion to available economic resources.
3-2 Points:
The Applicant reasonably demonstrates that the Match contribution is in reasonable
proportion to available economic resources.
1-0 Points:
The Applicant does not demonstrate that the Match contribution is in reasonable
proportion to available economic resources or does not respond to the criterion.
Note: Authority Cited: Sections 5003 and 5647, Public Resources Code. Reference: Sections 5641,
5643, 5645, 5646 and 5647, Public Resources Code.
Urban Park Act of 2001 Procedural Guide 19
V. ADMINISTRATIVE PROVISIONS
Match Description
In evaluating Applications for grants, the Department shall assign higher priority to
Applications that include a commitment for Match. The Department shall evaluate the
amount of the Matching contribution in terms of its proportionality in relation to the
economic resources of the Applicant. All costs used for Match must meet eligibility
requirements on the Eligible Cost Chart (see page 26). Matching contributions may be
in the form of money from any source, including:
. Funds from other state local assistance programs
. Gifts of real property
. Equipment and consumable supplies
. Volunteer services
. Free or reduced-cost use of lands, Facilities or equipment
. Bequests and income from wills, estates, and trusts
. Federal funds
. Force Account labor
Any land used as Match must be acquired after the Appropriation date. The Applicant
must use any Match for the Project after the Appropriation date.
CalculatinQ Volunteer Labor as a Match Source
Volunteer labor is an eligible Match source. To determine the Match, the hours worked
must be multiplied times the prevailing wage, plus benefits, for the type of labor that was
done.
The prevailing wage applied to volunteer labor must:
. Reflect the work that was actually done, (Le., journey-level carpenter versus
carpenter's helper)
. Reflect differences in wages based on location
. Be reasonable (Le., for a first-time carpenter's helper, use entry level wages)
. Be defensible. The simplest and most defensible way is to use minimum
wage for all volunteer work.
The Grantee can also use prevailing wage scales developed by governmental agencies,
labor unions, or other organizations that research and publish prevailing wages. One of
the governmental sources is the California Employment Development Department
(EDD). EDD maintains hourly and annual wage data for 770 occupations for every
geographic area of the state.
Land Tenure Requirements
For Development Projects, Applicants must certify to the Department that they have
adequate tenure to, and site control of, properties to be improved.
Tenure includes, but is not limited to:
Urban Park Act of 2001 Procedural Guide 20
. Ownership
. Lease
. Easement
. Joint powers or similar agreement
Adequate site control is the power or authority to:
. Manage, direct, superintend, restrict, regulate, govern, administer, or oversee
a plot of ground suitable or set apart for some specific recreational use.
For property not owned in fee simple, tenure must include a level of site control
commensurate with the activities proposed in the Project Scope section of the
Application Form.
The Department requires that the Grantee agree to use the property for public
recreation for the length of time stated below. The land tenure agreement only applies if
the Grantee does not have fee title. All less than fee title agreements must have a
renewal clause. A lease or other agreement can only be revocable by mutual consent
or for cause.
. All grants require at least 20 years of land tenure and public recreation
operation
If the Project is selected for funding, the Grantee shall:
1. Use the property only for the purpose for which the grant was made and to make no
other use, sale or other disposition of the property, except as authorized by a specific
act of the Legislature.
2. Maintain and operate the property funded 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.
The Department recognizes that specific recreation activities may change over time;
however, the property must remain available for public recreation use.
Changes to Proiect Scope
The Department will not approve changes in Project Scope unless the scope meets the
exact need cited in the original Application.
Fidelity Bond
All Nonprofit Grantees shall submit evidence of Fidelity Bond insurance to the
Department, Office of Grants and Local Services, prior to processing a payment
request. This insurance must include coverage that is equal to or greater than the grant
amount. Coverage must apply to all employees and volunteers who handle checks,
cash, or securities. It is the Grantee's responsibility to ensure that its Fidelity Bond
insurance is kept current throughout the duration of the Project.
Urban Park Act of 2001 Procedural Guide 21
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In the event that an employee or volunteer engages in the theft, forgery, larceny or
embezzlement of any portion of the State Grant Amount, the Grantee is responsible for
notifying the appropriate law enforcement authorities and the Department within 30 days
of discovery.
Three-Bid Process
All Nonprofit Grantees shall obtain three bids for work on the Project and review these
bids with their governing body prior to awarding a contract. Grantees may request a
waiver for this process when there are less than three qualified bidders. Waiver
requests must be submitted in writing to the Project Officer. Evidence of the three-bid
process must be retained for audit.
Proiect Withdrawals
The Grantee may unilaterally rescind the Contract at any time prior to the
commencement of the Project. After Project commencement the Contract may be
rescinded, modified or amended only by mutual agreement in writing between the
Grantee and the State.
CEQA Compensation
If the Grantee has made a full-faith effort to complete CEQA, but is unable to complete
CEQA or otherwise proceed with the Project due to issues related to the CEQA
process, costs incurred by the Grantee directly related to the CEQA process are eligible
costs to a maximum of 25% of the State Grant Amount.
Loss of Fundina
The following actions may result in a Grantee's loss of funding
· A Grantee fails to obtain a Contract within three years of Appropriation of
program funds
· A Grantee withdraws from the grant program
· A Grantee fails to complete the Project and/or fails to submit all documentation
within eight years from the Appropriation date of program funds
Public Access
The Grantee shall provide for public access to the Project lands and/or Facilities in
accordance with the intent and provisions of the enabling legislation and/or program.
Note: Authority cited: Sections 5003 and 5647; Public Resources Code, Reference: Sections 5096.310,
5096.620, 5096.633, 5643, 5646, and 5648, Public Resources Code.
Urban Park Act of 2001 Procedural Guide 22
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VI. Payment Process
Grant Fund Availability
Grant funds are available for expenditure after they are appropriated in the State
budget. The Grantee must have a fully executed Contract with the Department within
three years from the Appropriation date of the grant Program. The Grantee must
complete the Projects, and receive final payment within eight years from the
Appropriation date.
Interest Earned From an Advance
If grant monies are advanced, the Grantee shall place these 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, as approved by 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.
Pavment Request Process - Development Proiects
1. After the grant Contract has been fully executed, the Grantee may request a 10%
advance of the State Grant Amount, as specified in the approved Application, to be
spent on non-construction costs such as plans, specifications, or CEQA compliance.
2. If CEQA is complete, and the Grantee has requested a 10% advance, the Grantee
may request up to an additional 70% of the State Grant Amount for a total of 80% of
the State Grant Amount, or up to 80% of the amount of the construction contract
award, whichever is less. The Grantee may request an advance after submitting
evidence that the construction contract has been awarded and a Notice to Proceed
has been issued or evidence that the Project is ready to proceed using Force
Account labor.
3. If CEQA is complete, and the Grantee has not requested a 10% advance, the
Grantee may request up to 80% of the State Grant Amount, or up to 80% of the
amount of the construction contract award, whichever is less. The Grantee may
request an advance after submitting evidence that the construction contract has
been awarded and a Notice to Proceed has been issued or evidence that the Project
is ready to proceed using Force Account labor.
4. The Grantee may submit multiple Payment Request Forms as necessary, but is
encouraged to group costs together to avoid frequent requests. Generally, payment
requests of less than $10,000 are discouraged.
5. After the Grantee completes the Project, the Grantee submits the Project
Completion Packet and supporting documents for the final payment.
6. Please allow six weeks for payment. Final grant payment must be processed by
June 30, 2010.
Urban Park Act of 2001 Procedural Guide 23
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Payment Request Process - Development Projects
Payment Type When to submit it Supporting Documentation to Send to Project Officer
10% Advance After the grant . Payment Request Form
Contract has been
fully executed
80% Advance After the grant . Evidence of signed construction contract and a Notice to
Contract has been Proceed
fully executed and . Evidence that Project is ready to proceed utilizing Force
CEQA is complete Account labor
. Evidence of completed CEQA
Payment After Grantee has . Payment Request Form
Request spent funds to . Project Cost Summary Form
Reimbursement implement the Labor Cost Summary Form (if applicable)
Up to 80% Project .
. Equipment/Rental Cost Summary Form (if applicable)
Final After the Grantee . Project Completion Packet
has completed the
Proiect
Pavment Reauest Process - For Proiects Involvina Acauisition
All real property shall be acquired from a willing seller and in compliance with current
laws governing relocation and Acquisition of real property.
1. After the grant Contract has been fully executed, the Grantee may request a 10%
advance of the State Grant Amount. These funds may be spent on pre-Acquisition
costs such as plans, appraisals, CEQA compliance, etc.
2. If CEQA is complete, and the Grantee has reauested a 10% advance, the
Grantee may request up to an additional 70% of the State Grant Amount (for a
total of 80% of the State Grant Amount) upon submission of evidence that
escrow is open, or up to 100% of the Acquisition cost, whichever is less. The
Grantee shall immediately place these funds in escrow.
3. If CEQA is complete, and the Grantee has not reauested a 10% advance, the
Grantee may request up to 80% of the State Grant Amount upon submission of
evidence that escrow is open, or up to 100% of the Acquisition cost, whichever is
less. The Grantee shall immediately place these funds in escrow.
4. The Grantee may submit multiple Payment Request Forms as necessary, but is
encouraged to group costs together to avoid frequent requests. Generally,
payment requests of less than $10,000 are discouraged.
5. After the Grantee completes the Project, the Grantee submits the Project
Completion Packet and supporting documents for the final payment.
6. Please allow six weeks for payment. Final grant payment must be processed by
June 30, 2010.
Urban Park Act of 2001 Procedural Guide 24
T
Payment Request Process - For Projects Involving Acquisition
Payment Type When to submit it Supporting Documentation to Send to Project Officer
10% Advance After the grant Contract . Payment Request Form
has been fully executed
80% Advance After the grant Contract . Evidence of completed CEQA
has been fully executed . Evidence of open escrow
and CEQA is complete . Payment Reauest Form
Payment After Grantee has spent . Payment Request Form
Request funds to implement the . Project Cost Summary Form
Reimbursement Project Labor Cost Summary Form (if applicable)
Up to 80% .
Final After the Grantee has . Project Completion Packet
completed the Project . Recorded Grant Deed
. Final Title document
. Relocation Plan, where occupants were provided
eliqibility for relocation assistance, if aoolicable
Eliqible Costs
· Only costs incurred during the Project Performance Period, as indicated in the
Contract are eligible.
· A Grantee may use the grant funds, if the amount does not exceed the lesser of
20% of the State Grant Amount, or $100,000, to pay for any portion of the cost of
cleaning up, removing, or remediating any toxic materials or hazardous
substances. For the purpose of this grant program, these costs shall be
considered construction costs.
. See the following Eligible Costs Chart for more information.
Urban Park Act of 2001 Procedural Guide 25
Eligible Costs Chart
COSTS I EXPLANATION EXAMPLES
Non-Construction Costs
(cannot exceed 25% of the total reauested State Grant Amount)
Non-Construction . Costs including Project planning (excluding grant writing . CEQA compliance
Costs costs), appraisals, negotiations, and Fidelity Bonds (for . Plans and specifications
Nonprofit Organizations only) . Permits
Construction Costs
Personnel or . Must be computed according to the Grantee's normal . Wages and benefits
Employee Services wage or salary scales, and on the actual time spent on . Work performed by
Project another department
. Must not exceed Grantee's established rates for similar
positions
Construction and . All necessary construction activities . Facility Development
Construction . Inspection &
Management construction
manaaement
Construction . The Grantee may only charge the cost of the actual use . Rental equipment
EqUipment of the equipment during the time it is being used for
Project purposes
. The Grantee may use the California Department af
Transportation's equipment rental rates as a guide
. The Grantee shall prorate the value of the purchased
equipment toward the Project based on hours of usage
. The equipment use charges must be made in
accordance with the Grantee's normal accounting
practices
. The Grantee must describe the work performed, the
hours used, and related use to Proiect
Fixed Equipment . Equipment permanently fixed to Project Facility . Play equipment
. Fixed benches
. Sians/interpretive aids
Construction . May be purchased for specific Project, or may be drawn Materials and Supplies:
Supplies/Materials from central stock if claimed costs are no higher than . Concrete
those the Grantee would pay . Lumber
. The Grantee may only claim those costs directly related
to the Project
Relocation Costs . Costs resulting in displacement of a person/business . Relocation costs
. The Grantee shall comply with State Relocation Act
Acquisition Costs . Costs of acquiring real property . Purchase price
. Title/escrow fees
Miscellaneous . Other Project-related costs . Communications
expenses
. Insurance
Note: Authority Cited: Sections 5003 and 5647, Public Resources Code. Reference: Sections 5096.620,
5096.633,5643,5651, 5652, Public Resources Code.
Urban Park Act of 2001 Procedural Guide 26
VII. APPENDICES
Urban Park Act of 2001 Procedural Guide 27
APPENDIX A - Application Form
Urban Park Act of 2001 Procedural Guide 28
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PROJECT APPLICATION
2002 Resources Bond Act
URBAN PARK ACT OF 2001 GRANT PROGRAM
PROJECT NAME
(Each Project must have its own Application)
Amount of Grant Request $
Grant Applicant (Agency, address, and zip code)
Amount of Matching Funds
$
Estimated Total Project Cost $
COUNTY I NEAREST CITY
PROJECT ADDRESS (including zip code)
PROJECT LATITUOE AND lONGITUDE
Will THE PROJECT AFFECT A HISTORICAL RESOURCE? _YES _NO
Grant Applicant's Representative Authorized in Resolution
Name (typed or printed) and Title
Email address
Phone
Person with day-to-day responsibility for Project (if different from authorized representative)
Name (typed or printed) and Title
Email address
Phone
Briet description of Project
For Dev. Projects, Project Land Tenure is _ acres
For Acquisition Projects, Project land will be _ acres
Acres owned in fee simple by Grant Applicant
_Acres to be acquired in fee simple by Grant Applicant
Acres available under a
year lease
_Acres to be acquired In other than fee simple (explain
Acres other interest (explain)
I certify that the information contained in this Application, including required attachments, is accurate.
Signed
Grant Applicant's Authorized Representative as shown in Resolution
Date
DPR 632 (6/03)
Urban Park Act of 2001 Procedural Guide
29
APPENDIX B - Resolution
Urban Park Act of 2001 Procedural Guide 30
RESOLUTION
2002 Resources Bond Act
URBAN PARK ACT OF 2001 PROGRAM
Resolution No:
RESOLUTION OF THE
(Title of Governing Body, City Council, Board of Supervisors)
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE URBAN
PARK ACT OF 2001 PROGRAM UNDER THE CALIFORNIA CLEAN WATER,
CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT
OF 2002
For
{Project}
WHEREAS, the people of the State of California have enacted the CALIFORNIA
CLEAN WATER, CLEAN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL
PROTECTION ACT OF 2002, which provides funds to the State of California for grants
to eligible Applicants; and
WHEREAS, the California Department of Parks and Recreation has been
delegated the responsibility for the administration of the Urban Park Act of 2001
Program and the grant Project shown above within the State, setting up necessary
procedures, and
WHEREAS, said procedures established by the California Department of Parks
and Recreation require the Applicant's Governing Body to certify by resolution the
approval of the Application before submission of said Application to the State, and
WHEREAS, the Applicant will enter into a Contract with the State of California for
the Project;
NOW, THEREFORE, BE IT RESOLVED that the hereby:
(Applicant's Governing Body)
1. Approves the filing of an Application for local assistance funds from the Urban
Park Act of 2001 Program under the California Clean Water, Clean Air, Safe
Neighborhood Parks and Coastal Protection Act of 2002; and
2. Certifies that the Applicant has or will have sufficient funds to operate and
maintain the Project; and
Urban Park Act of 2001 Procedural Guide 31
3. Certifies that the Applicant has reviewed, understands, and agrees to the
General Provisions contained in the Contract shown in the Procedural Guide;
and
4. Certifies that the Grantee has or will have available, prior to commencement of
any work on the Project, the proportional Match; and
5. Certifies that the Project conforms to the recreation element of any applicable city
or county general plan; and
6. Appoints the (designated position) 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 the Project.
Approved and Adopted on the
day of
,20_
I, the undersigned, hereby certify that the foregoing Resolution Number
was duly adopted by following a roll
call vote: (Applicant's Governing Body)
Ayes
Noes
Absent
(Clerk)
Urban Park Act of 2001 Procedural Guide 32
APPENDIX C - Sources of All Additional Funds
Urban Park Act of 2001 Procedural Guide 33
SOURCES OF ALL ADDITIONAL FUNDS
2002 Resources Bond Act
URBAN PARK ACT OF 2001 GRANT PROGRAM
The Applicant,
shall provide to the Department a list of proposed sources of all additional funds.
Project Name
(Please Round All Figures to the Nearest Dollar)
Total Grant Amount Requested
Sources of Additional Funds
$
$
$
$
$
$
$
$
TOTAL
$
Printed or Typed Name of Authorized Representative
Date
Signature of Authorized Representative
Date
Urban Park Act of 2001 Procedural Guide 34
APPENDIX D - Sample Cost Estimate
Urban Park Act of 2001 Procedural Guide 35
The sample cost estimate below is to assist you in developing a cost estimate for your Project.
You may reformat and change the content as needed to accommodate each Project's scope. The
items listed are illustrative only and are not intended to direct you in determining the scope of your
Project, but merely to let you know the level of detail preferred.
SAMPLE COST ESTIMATE
CAPITAL IMPROVEMENTS AMOUNT
$
$
$
$
$
SUBTOTAL $
OTHER PROJECT-RELATED COSTS AMOUNT
Design $
Administration $
Contingencies $
SUBTOTAL $
GRAND TOTAL $
FUNDING SOURCES
Per Capita
$
$
$
Urban Park Act of 2001 Procedural Guide 36
APPENDIX E - Sample ACQuisition Schedule
Urban Park Act of 2001 Procedural Guide 37
Assesor's
Parcel No. Acreage
Total
Acreage
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
SAMPLE ACQUISITION SCHEDULE
Estimated
Date of
Acquisition
Urban Park Act of 2001 Procedural Guide
Estimated
value of
Land to be
Acquired
Estimated
Cost of
Relocation
Estimated value
of Improvements
to be Acquired
Total
Estimated
Cost
Subtotal $
Administration of relocation program $
38
Grand Total $
APPENDIX F - Sample Grant Contract
Urban Park Act of 2001 Procedural Guide 39
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2002 Resources Bond Act
Urban Park Act of 2001 Grant Program
GRANTEE
PROJECT TITLE
PROJECT NUMBER
PROJECT PERFORMANCE PERIOD is from
through
Under the terms and conditions of this Contract, the Grantee 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 Urban Park Act of 2001 Grant
Program in the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the
Project up to the total State Grant Amount indicated,
PROJECT DESCRIPTION:
Total State Grant Amount not to exceed $
Grantee
The General and Special Provisions attached are
made a part of and incorporated into the Contract.
By
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
(Typed or Printed Name of Authorized Representative)
(Signature of Authorized Representative)
By
Title
Date
Date
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
i AMOUNT OF ESTIMATE $ i CONTRACT NUMBER i FUND
i AOj,'INCREASlNG ENCUMBRANCE $' , APPROPRIATION
r AO:i:"OECREAsiNC;"ENCUMBAANCE$ i ITEM CALSTARS VENDOR NUMBER
'UNENCUMBEREOBALANCE$ ,.
.".."."..............+".,....,..,."..".,..,_...,."..,.,..,."..,..".,.,...,.,."......,......,..,,,,m.,.,,.
i LINE ITEM ALLOTMENT
"rcHApTERTsTATUTE ..TFisCACYEAR--'
...TBANO,
, B.RNO.
U:iNDEX .
.,. PCA
...
, TOBJ'EXPEND
" ""."_...,.,....,..
I heretiy certify upon my personal knowledge that budgeted funds are available for this encumbrance.
.SIGNATUREOFACCOUNTiNGOFFicER.'
... .. . .. .. , '''DATE
Urban Park Act of 2001 Procedural Guide
40
.
Grant Contract
Special Provisions
General Provisions
A. Definitions
1. The term "Ad' as used herein means the Appropriation for the Program.
2. The term "Application" as used herein means the individual Application and its required
attachments for grants pursuant to the enabling legislation and/or Program.
3. The term "Acquisition" means to obtain fee title or a lesser interest in real property, specifically,
conservation easement or conservation rights. Leases or rentals do not constitute Acquisition.
4. The term "Acquisition and Development" means a Project that combines Acquisition of real
property with Development for a New Park, New Recreational, or New Multipurpose Facility.
5. The term "Department" means the California Department of Parks and Recreation.
6. The term "Development" means capital improvements to real property by construction for a New
Park, New Recreational, or New Multipurpose Facility using Bond Act funds.
7. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this
Contract. The term "Project" as used herein means the Project described on page 1 of this
Contract.
8. 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.
The 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. The 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. The Grantee shall comply as lead agency with the California Environmental Quality Act (Public
Resources Code, Section 21000, et. seq., Title 14, California Code of Reoulations, Section
15000 et. seq.)
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.
Urban Park Act of 2001 Procedural Guide
41
.
5. The 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, the Grantee agrees to submit any significant deviation
from the original Project Scope in writing to the State for prior approval. Changes in the Project
Scope must be approved in writing by the State and must meet the exact need described in the
original Project Application.
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.
8. The Grantee shall provide for public access to Project facilities in accordance with the intent and
provisions of the enabling legislation and/or Program.
9. 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.
10. Every Grantee for a grant pursuant to this chapter and the entity that will operate and maintain
the property, if that entity is different than the Grantee, shall agree to comply with all of the
following requirements: (1 ) To operate and maintain the property developed pursuant to this
chapter so that it is usable by residents of the projecfs service area. With the approval of the
department, the grant recipient, or its successor in interest in the property, may transfer its
property interest and the responsibility to operate and maintain the property, in accordance with
the terms of the grant and any applicable law, to an eligible public agency or nonprofit
organization that is able to operate and maintain the property in perpetuity. Any attempt to
make a transfer in violation of this subdivision is void. (2) To use the property only for the
purposes for which the grant was made and to make no other use or sale or other disposition of
the property, except as authorized by specific act of the Legislature. If the use of the property is
changed to a use that is not permitted by the terms of the grant, or if the property is sold or
otherwise disposed of, the grant recipient shall reimburse the state an amount equal to the
amount of the grant, the fair market value of the land and any improvements constructed with
the grant, or the proceeds from the sale or other disposition, whichever amount is greatest. If
the property that is sold or otherwise disposed of is less than the entire interest in the property
funded with the grant, the grant recipient shall reimburse the state 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 amount is greater. (b) In lieu of seeking reimbursement
pursuant to paragraph (2) of subdivision (a), the department may impose restrictions on the use
of public park property identical to the requirements for the preservation of public parks set forth
in the Public Park Preservation Act of 1971 (Chapter 2.5 (commencing with Section 5400)) with
respect to any property used, sold, or otherwise disposed of in a manner not permitted by the
terms of the grant.
11. Lands or interests in land acquired with grant funds shall be acquired from a willing seller.
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 the Grantee the
grant monies as follows, but not to exceed, in any event, the total State Grant Amount set forth
on page 1 of this Contract:
a. Up to a 10% advance of the total State Grant Amount
Urban Park Act of 2001 Procedural Guide
42
b. After the property is in escrow, the Grantee may request up to 80% of the total State Grant
Amount as specified in the approved Application, or 100% of the actual Acquisition cost,
whichever is less. The Grantee shall immediately place these funds in escrow.
c. The remaining State 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.
2. If the Project includes Development, the State may disburse to the Grantee the grant monies as
follows, but not to exceed in any event the totai State Grant Amount set forth of page 1 of this
Contract:
a. Up to a 10% advance of the total State Grant Amount.
b. On proof of award of a construction contract or commencement of construction by force
account, up to 80% of the total State Grant Amount, not to exceed 80% of the total dollar
amount of any or all awarded construction contracts.
c. The remaining State 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. The Grantee shall promptly submit written Project reports as the State may request.
In any event, the Grantee shall provide the State a report showing total final Project
expenditures.
2. The Grantee shall make property and facilities developed pursuant to this Contract available
for inspection upon request by the State.
3. The 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 these 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, as approved by 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. The 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. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be
avaiiable for Appropriation by the Legislature for one or more of the local assistance
programs that the Legislature determines to be the highest priority statewide.
2. The 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
oniy by mutual agreement in writing between the Grantee and the State.
3. 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. However, such
Urban Park Act of 2001 Procedural Guide
43
failure 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. The Grantee and the State agree that if the Project includes Development, final payment may
not be made until the Project conforms substantially to this Contract.
F. 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 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
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
Government Code Section 895 et. seq., the Grantee shall notify the 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 State shall bear its own litigation costs,
expenses, and attorney's 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.
G. Financial Records
1. The 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. The Grantee
also agrees to retain such financial accounts, documents and records for three years following
Project termination or final payment.
Urban Park Act of 2001 Procedural Guide
44
,
The Grantee and the 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.
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 Contract.
2. The Grantee shall use a generally accepted accounting system.
H. Use of Facilities
1. The Grantee agrees that the Grantee shall use the property 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 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.
I. 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 deveioped 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 iegislation
and/or Program.
J. 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.
Urban Park Act of 2001 Procedural Guide
45
APPENDIX G - Payment Reauest Form
Urban Park Act of 2001 Procedural Guide 46
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
PAYMENT REQUEST FORM
Grant Programs
See Instructions on reverse
1. PROJECT NUMBER
12. CONTRACT NUMBER
3. GRANTEE
4. PROJECT TITLE
5. TYPE OF PAYMENT
ADVANCE
o
REIMBURSEMENT
o
FINAL
o
6. PAYMENT INFORMATION
(ROUND ALL FIGURES TO THE NEAREST DOLLAR)
b. Funds Received to Date
$
$
$
a. State Grant Amount
c. Available (a. minus b.)
d. Amount of This Request
$ I
e. Remaining Funds After This Payment (c. minus d.)
$
7. SEND WARRANT TO:
GRANTEE NAME
STREET ADDRESS
CITY, STATE, ZIP CODE
ATTENTION
8. TYPED OR PRINTED NAME OF PERSON
AUTHORIZED IN RESOLUTION
TITLE
DATE
9. SIGNATURE OF PERSON AUTHORIZED IN
RESOLUTION
FOR DEPARTMENT OF PARKS AND RECREATION USE ONLY
PAYMENT APPROVAL SIGNATURE
I DATE
DPR 212 (Rev.5/01)
Urban Park Act of 2001 Procedural Guide 47
PAYMENT REQUEST FORM INSTRUCTIONS
. Type all entries
. Round off all amounts to the nearest dollar
. See Procedural Guide, page 26, for Eligible Costs examples
The following instructions correspond to items on the Payment Request Form:
1. Project Number - The number assigned by the state to this Project
2. Contract Number - As shown in Certification of Funding section of the Project
Contract
3. Grantee - GRANTEE name as shown on the Project Contract
4. Project Title - Title of Project for which payment is requested
5. Type Of Payment - Check appropriate box, and submit this form:
Advance - When an advance is needed, and after the Grant Contract
has been fully executed;
Reimbursement - When the Grantee has periodically spent funds to
implement the Project, and is requesting reimbursement; or
Final - When the Grantee has completed the Project, and is
requesting the final payment.
6. Payment Information
a) State Grant Amount - The amount of state grant funds allocated to
this Project
b) Funds Received to Date - Total amount already received for this Project
c) Available - (a. minus b.)
d) Amount of This Payment Request - Amount that is requested
e) Remaining Funds after This Payment - (c. minus d.)
7. Send Warrant To - Grantee name, address and contact person
8. Typed or printed name of Authorized Representative in Resolution
9. Signature of Authorized Representative in Resolution
Urban Park Act of 2001 Procedural Guide 48
. ,
APPENDIX H - Proiect Completion Packet
Urban Park Act of 2001 Procedural Guide 49
'1'
PROJECT COMPLETION PACKET
The Grantee must submit the following forms after the Project is complete and the final
payment is requested. Any questions should be directed to the Project Officer.
. Payment Request Form (see page 46)
. Project Certification Form (see page 51)
. Project Cost Summary Form (see page 52)
. Labor Costs Summary Form (if applicable. See page 53)
. Equipment Cost Summary Form (if applicable. See page 54)
1. READ ALL FORMS. Share them with individuals who will be preparing the
financial documents. Make copies of the forms as needed.
2. The forms have been designed for convenience. The Grantee may elect to use
another format, provided that all requested information is presented in a clear
and concise manner.
3. Remember, the Grantee is required to keep source documents for all
expenditures related to each grant for at least three years following Project
completion and at least one year following an audit. A Project is considered
complete upon receipt of final grant payment from the State.
Urban Park Act of 2001 Procedural Guide 50
T
PROJECT CERTIFICATION FORM
GRANTEE:
PROJECT NUMBER:
GRANTEE CONTACT FOR AUDIT PURPOSES
NAME:
ADDRESS:
PHONE: U
EMAIL:
PROJECT DESCRIPTION - List facilities developed and/or property acquired (use
additional pages, as required):
LIST OTHER FUNDS ON PROJECT (SOURCES AND AMOUNTS) (use additional
pages, as required):
INTEREST EARNED ON ADVANCE GRANT FUNDS: $
HAS A NOTICE OF COMPLETION BEEN FILED? YES NO
IF NO, PLEASE EXPLAIN:
CERTIFICATION:
I hereby certify that all grant funds were expended on the above named
Project(s) and that the Project(s) is complete and we have made final payment
for all work done.
Grantee's Fiscal Representative
(Printed or Typed name)
Date
Grantee's Fiscal Representative
(Signature)
Urban Park Act of 2001 Procedural Guide
51
PROJECT COSTS SUMMARY FORM
Project Number
Warrant/Check
Number
Date
Recipient
Purpose
Amount
Total Labor Costs (from attached form) $
Total Equipment Costs (from attached form) $
Subtotal $
Grand Total $
Urban Park Act of 2001 Procedural Guide 52
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LABOR COSTS SUMMARY FORM
Project Number
Work
Authorization
Number
Unit
Performing
Work
Datesl
Pay Period
Purpose
Amount
Subtotal $
(Carry Total forward to Project Costs Summary Form) Grand Total $
Urban Park Act of 2001 Procedural Guide 53
...."
EQUIPMENT (RENTAL) COSTS SUMMARY FORM
Project Number
Type of Equipment
Dates
Work Performed
Amount
Subtotal $
(Carry Total forward to Project Costs Summary Form) Grand Total $
Urban Park Act of 2001 Procedural Guide 54
January 5, 2004
PERRIS HILL SENIOR CENTER EXPANSION
Expansion ofPerris Hill Senior Center was started 3 years ago when $30,000
dollars was spent on architectural plans for the expansion of the Center.
Perris Hill Senior Center is the only Center in the north east part of our
city to serve the seniors that live in the area.
The Senior Center was built in 1989 and has since outgrown it's
capacity. It provides the seniors with social activities to help them keep a
more active life style and a hot meal at lunch time. We do know that
seniors enjoy better health when they keep active.
The Perris Hill Senior Center is special to me. As a senior buyer working
for the City in 1989 I had the opportunity to buy the original furniture and
appliances for the center when it was built.
Our Perris Hill Neighborhood Association has been holding their meetings
at the center. The access, lighting and parking is very convenient for
Seniors.
Lets not forget our seniors that have lived and worked in our City,
paid their share of taxes and have chosen to remain in San Bernardino
in their retirement years the opportunity to enjoy a place to go.
Lets move forward with the expansion plans for Perris Hill Senior Center
that was started 3 years ago, and not put it on the back burner.
~~
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