HomeMy WebLinkAbout05.O- Parks, Recreatopn & Community Services 5.0
RESOLUTION (ID # 4679) DOC ID: 4679 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement
From: Jim Tickemyer M/CC Meeting Date: 11/21/2016
Prepared by: Lesa Nichols, (909) 384-
5233
Dept: Parks, Recreation & Community Ward(s): 7
Services
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying
the Submission of the Application for Youth Soccer and Recreation Development
Program Grant Funds and Authorizing the Acceptance and Appropriation of the Grant
Funds Upon Award (#4679)
Current Business Registration Certificate: Not Applicable
Financial Impact:
No Financial Impact
Motion: Adopt the Resolution.
Background
In October of 2015 the City entered into a lease agreement with San Bernardino
Soccer, LLC (SBSLLC) to provide management and maintenance services for the San
Bernardino Soccer complex (SBSC) as outlined in the City's Recovery Plan. This
partnership has provided the City with the opportunity to apply for a grant with the State
Parks Youth Soccer and Recreation Development Program. The City is the eligible
applicant for this grant and SBSLLC will provide all services for the grant. The grant
allows cities to utilize professional outside agencies such as SBSLLC to implement and
manage grants. SBSLLC currently provides management and maintenance at SBSC
through a lease agreement. After consultation with the California State Parks
Department (CSPD), CSPD is supportive of the City's collaborative effort with SBSLLC
to submit an application for this grant. SBSLLC has indicated that it has sufficient
financial and organizational resources to complete the project and will also provide for
the ongoing operations and maintenance of the grant funded project. Further, if
awarded this grant would capitalize on the strong public-private partnership via the
lease agreement between the City and SBSLLC to create and provide more outdoor
recreation and play opportunities at the facility for the residents and the region.
This grant funded project will add lighting for two large soccer fields, install spectator
seating and construct two Futsal courts at SBSC. Futsal is a variant of soccer played
on a smaller court surface. It can be considered a version of five on five soccer. Futsal
is played between two teams of five players each, one of whom is the goalkeeper.
Unlimited substitutions are permitted. Unlike some other forms of soccer, the game is
played on a hard court surface delimited by lines; walls or boards are not used. Futsal is
also played with a smaller ball with less bounce than a regular soccer ball due to the
Updated: 11/16/2016 by Georgeann "Gigi" Hanna A Packet Pg.419
5.0
4679
surface of the court. The surface, ball and rules create an emphasis on improvisation,
creativity, and technique as well as ball control and passing in small spaces. Many of
today's elite professional soccer athletes credit their current advanced skill level and
knowledge to early participation in Futsal. This grant project will allow SBSLLC and the
City to accommodate more open field play time for children and families that live in the
neighborhoods close to SBSC.
SBSLLC researched this grant opportunity and hired the City's former grant writer
Martha van Rooijen to prepare the grant at no cost to the City. This is a competitive
grant and a one-time opportunity as it is funded with remaining funds provided by the
"California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection
Act of 2002" (Proposition 40). The grant request amount is $990,000.00. The grant is a
reimbursable grant. The City will be the applicant for this grant and SBSLLC will
provide all services to implement the project and administer the grant.
Upon grant award, the City will enter into an agreement with SBSLLC for SBSLLC to
provide not only matching funds for non-construction costs in an amount estimated to
be 10% of the total grant award; but, also for SBSLLC to provide all up front
reimbursable funds for the construction phase of this project. The matching funds from
SBSLLC will provide for project design, project and construction management, and
grant administration, at SBSC.
This grant strategy ultimately improves and preserves SBSC, which is a prized asset for
the City. Further, this strategy of utilizing partnerships with outside organizations can
potentially be used as a model for the other park projects in the City.
Financial Impact
There is no financial impact to the City.
Recommendation
Approve the resolution ratifying the submission of the application for grant funds and
authorizing the acceptance and appropriation of the funds upon award.
City Attorney Review:
Supporting Documents:
Exhibit B SBSC State Parks Youth Grant Application 11-1-2016 Print (PDF)
Exhibit C youth_soccer_administration_guide_final_5.24.16 (PDF)
SoccerComplexGrantReso(DOC)
Updated: 11/16/2016 by Georgeann "Gigi" Hanna A Packet Pg.420
OWN
C
� O
U
.Q
Q
San Bernardino Soccer Complex Project
rLn
V
O
i+
L
U
O
California Youth Soccer and Recreation Development Program
0
Y
L
a
d
Grant Application
r
•L
PRESENTED TO (°
0
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
OFFICE OF GRANTS AND LOCAL SERVICES o
.2
M
C.
a
BY c�
City of San Bernardino
Y
L
r
N
M
W
m
Say�eh�ar ino
W
November 1, 2016
U
R
w+
a
Packet Pg.421
5.O.a
m
2
Q
c.
Q
c
,,LRR
V
O
V
M
Q�
L
V
Ot
'I . Application Packet Checklist
!0
L
a
a�
Y
ti
a
0
N
r
C
O
SC
ti
Q
Q.
Q
C
of
L
0
L
3
O
}
N
L
M
a
a�
R
fVJ
V
NM
W'W'^
W
SAN BERNARDINO SOCCER COMPLEX PROJECT w
w
CITY OF SAN BERNARDINO
Grant Application E
California Youth Soccer and Recreation Development Program
San BeP118P IBO Q
November 1, 2016
Packet Pg.422
1
S.Q.a
1. Application Packet Checklist
San Bernardino Soccer Complex Project 2
Applicant must complete the checklist below and submit it with the APPLICATION PACKET. a
An application will not be considered complete unless all items on the checklist are ¢
submitted. All checklist items are required_ However, some items may be submitted up to
60 days after the application date (see below). Send only the items shown in the Checklist. is
Do not send letters of support or other supplementary materials. o
Application Application Signed by Item If not enclosed, Application
Item Guide Authorized Enclosed? will submit by? Packet 0�
Page# Representative Circle (date must be Page#
Q Y (Yes) or within 60 days of
N (No) application
deadline
0.
Q
® Application Packet Pg 5 Required Pg. 2 N
Checklist
® Application Form Pg. 7 Required Pg_ 4
Authorizing � 6 L
® Resolution
Pg. 9 Y '�'�J 12/31/2016 Pg. o.
date
r
0
® Esamateope/ Cost Pg 10 ® Required Pg. 8
TAW P
® Match Certification Pg. 11 N Pg.
10 0
�.
Form date
® CEQA Compliance ® Q
Certification Form Pg 13 O N Pg. 12 date
® Land Tenure
Requirement Pg. OY N date Pg. 17
® Sub-Leases or P _ 24 >-
Pg.17 Agreements Y N date 9 L
® Site Plan Pg. 17 YON date Pg. 58 (;
® Photos of the P Pg. 66 U)
Project Site g' ( N date U)
Cn
Project Summary Pg. 17 Required Pg_ 71 m
® FACT FINDER Pg 20 R8 wired Pg. 73 w
Report q
_
® Project Selection Pg. 20 Required Pg 76 s
Criteria v
w
Packet Pg.423
2
�h4i� xr
_
2
t0
V
Q
Q
_
,Ln
V
_
O
d
L
V
dd
L7.
2. Application Form 0
L
a
a�
M
a,
r�
_
�L
0.
P
N
� P
r
P
_
Y
V
.Q
Q
a
w
♦Ln
V
Y
L
M
a
r
v
m
co
m
SAN BERNARDINO SOCCER COMPLEX PROJECT w
CITY OF SAN BERNARDINO
Grant Application E
California Youth Soccer and Recreation Development Program
San Bernar roo a
November 1, 2016
Packet Pg.424
3
� x
0
State of California—The Resources Agency
DEPARTMENT OF PARKS AND RECREATION =
Youth Soccer and Recreation Development Program .2
Project Application Form
PROJECT NAME REQUESTED GRANT AMOUNT Q
�' San Bernardino Soccer Complex Project
$ 990,000
FACILITY NAME and PHYSICAL ADDRESS where PROJECT is located LAND TENURE(0 all that apply)
(including zip code)
® Owned in fee simple by APPLICANT L
San Bernardino Soccer Complex
` 2500 Pacific Street ❑ Available(or will be available) under a
San Bernardino, CA 92346 year lease or easement r
NEAREST CROSS STREET Arden Avenue 0
�c
COUNTY OF PROJECT LOCATION San Bernardino County t`c
a
GRANT APPLICANT AND MAILING ADDRESS(entity applying for the grant)
City of San Bernardino
l City Manager Office e>
300 N. "D"Street, 6th Floot ~
m
San Bernardino, CA 92416 },
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION L
Mark Scott, City Manager scott_ma @sbcity.org CL
Et
Name (typed or printed) and Title Email address c
Phone : (909) 384-5122 N
APPLICATION CONTACT
_
0
Martha van Rooiien, Grants Manager martha @mvrconsulting.com (951)845-4391
Name (typed or printed) and Title Email address Phone 2
CL
DAY-TO-DAY CONTACT For administration of grant (if different from AUTHORIZED RERRESENTATivE) CL
Q
Jim Tickemver,Acting Director of Parks. Recreation &Community Services tickernyerJi @sbcity.org R
Name (typed or printed) and Title Email address
Phone : (9091 384-5233
0
Martha van Rooilen Grants Manager marthaPmvrconsulting.com (9511845-4391
rn
Name (typed or p(inted) and Title Email address Phone
CL
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested y
GRANT to complete the items listed in the attached GRANTSCOPE/Cast Estimate Form. I declare under penalty of
perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including N
U
required attachments, is accurate. // m
I Cn
Signature of AUTHORIZED REPRESENTATIVE as Shown In Resolution Date
t
X
Print Name Mark Scott w
a�
Title City Manager E
U
.r
Q
7
4 Packet Pg.425
5.O.a
o
1 �
a
a
Q
_
ca
rLn
V
_
0
L
V
N�
3. Authorizing Resolution
O
Y
L
a
a�
r
c�
a�
ti
c
�L
a
0
N
r
_
O
cC
V
i2
d
c
c�
L
C9
s
0
Y
L
t0
0.
Q1
fC
U
Cn
00
N
m
WIIII ` SAN BERNARDINO SOCCER COMPLEX PROJECT w
CITY OF SAN BERNARDINO
Grant Application E
California Youth Soccer and Recreation Development Program
�_ Sin BePnaP IIIO Q
November 1, 2016
Packet Pg. 426
S
3. Authorizing Resolution o
Y
v
.Q
The City of San Bernardino Authorizing Resolution will be scheduled for a City a
_
Council meeting after the Grant Application Deadline of November 1, 2016.
The signed Authorizing Resolution will be forwarded to State Parks OGALS by
December 31, 2016, which is within the allowable time of 60 days from the Grant
Application Deadline. 0
L
CL
a�
r
ca
Cn
rn
ti
cc
_
�L
0.
r
O
N
r
r
r
C
O
t4
ti
Q
Q
Q
r
_
cC
'Ln
V
O
L
a.
as
r
Cn
U
M
En
Cd
K
W
_
E
V
Q
Packet Pg.427
6
5.O.a
® o
U
'Q
Q
Q
_
t4
,L^
V
_
0
L
V
4. Grant Scope/Cost Estimate Form
0
Y
L
0.
Q�
Y
_
�L
a
0
0
N
r
C
O
tC
Q
Q
Q
'Ln
V
0
N
Y
L
lQ
a
d
U
00
m
SAN BERNARDINO SOCCER COMPLEX PROJECT w
Y
CITY OF SAN BERNARDINO d
Grant Application E
California Youth Soccer and Recreation Development Program
S "
a
November 1, 2016
Packet Pg. 428
7
State ofCaRfornla—The Resources Agency .o
6
DEPARTMENT OF PARKS AND RECREATION V
Youth Soccer and Recreation Development Program a
Grant Scope/Cost Estimate Form a
_
GRANT SCOPE (Briefly describe the PROJECT, WATER CONSERVATION techniques used, and how it will create
a NEW OPPORTUNITY, as applicable,): o
San Bernardino Soccer Complex Project: Field Lighting, Seating, and two new Covered Futsal w
Courts will be installed. The new Futsal Courts and Seating will reduce water use by removing grass
areas with hard surfaces, as well as by adding additional soccer court space to increase soccer play.
The new Field Lighting will increase the number of hours the soccer fields are available for open
play and league use. 0
Y
Project will Involve (Q all that apply):
install Renovate
New Existing
® ® Soccer venue(s)
1 ❑ ❑ Baseball/softball venue(s)
1 �
❑ ❑ Basketball venue(s)
Grant Scope Items(include contingencies and soft costs in the associated item to be Installed or renovated =
E - a line item for contingency is not allowed) - Q all that apply: °0
CD
N
Install Renovate Estimated amount to
New Existing be charged to grant
[] ❑ Artificial turf $ o
[] ❑ Replace natural turf with other drought tolerant surface $
❑ ❑ Grass/natural turf $
El ❑ Irrigation system $ Q
❑ ❑ Basketball court $
® ❑ indoor soccer court/futsal $ 310,000 R
® ❑ Field Lighting $ 430,000
[] n Bafiing Cages $ c
® ❑ Other: Seating $ 250.000 >'
❑ ❑ Other: $
For applications proposing to use Youth Soccer Program grant funds for I a.
NON-CONSTRUCTION COSTS, indicate estimated cost (Cannot exceed 25%
of rant amount): Estimated Cost: $ i 00,000.00 N
Grant Amount Requested: $ 990,000 U
m
Cost of entire project(including and beyond grant amount requested): $ 1,090.000 to
m
The APPLICANT understands that all of the items listed on this form must be completed and open to the
public before the final grant payment will be made.
X
w
2D i ff I =
Date
AUTHORIZED REPRESENTATIVE Signature
V
cC
Q
8 Packet Pg.429
• 2
0
M
U
Q
Q
Q
C
M
L
C
O
M
L
U
5. Match Certification Form 0
0
L
a
a�
cc
m
rn
ti
cc
r
c
a
cc
0
cv
e
0
U
0.
Q.
a
L
c�
0
W
L
a
a�
L)
m
m
m
m
SAN BERNARDINO SOCCER COMPLEX PROJECT x
w
CITY OF SAN BERNARDINO
Grant Application E
California Youth Soccer and Recreation Development Program
San 6ernar ino
a
November 1, 2016
Packet Pg. 430
9
f""^.l °�u 11
® o
State of Callfornla—The Resources Agency M
DEPARTMENT OF PARKS AND RECREATION 0
Youth Soccer and Recreation Development Program a
Match Certification Form
V
Applicant: City of San Bernardino 0
Project Name: San Bernardino Soccer Complex Project
OGALS shall assign a higher priority to applications that include a commitment for 0
match.
L
C.
If the GRANT is awarded, this form will be referenced during grant administration for W
payments. Check one of the following:
® Applicant Provides Match:
The applicant will only use Youth Soccer Program funds for CONSTRUCTION COSTS.
The applicant will absorb any additional costs necessary to complete the PROJECT, such a
as NON-CONSTRUCTION COSTS, and therefore will submit expenditures for CONSTRUCTION �o
COSTS only. These additional costs represent the applicant's match (see also page 27). N
Match = 5 points
r
r
Or .2
F] Applicant Does NOT Provide Match: a
The applicant will use Youth Soccer Program funds for NON-CONSTRUCTION COSTS Q
(up to 25% of the GRANT Amount) and therefore will submit expenditures for CONSTRUCTION
COSTS and NON-CONSTRUCTION COSTS (see also page 27), as
Match = 0 points r
0
Certification:
I hereby certify that the above match category selected will be upheld for the purposes a.
of the application process and administration process of the GRANT. M
r
U)
U
m
`o.� -Z�� Mark Scott, City Manager co
_ m
AUTHORIZED REPRESENTATIVE Date AUTHORIZED REPRESENTATIVE
(Signature) (Printed Name and Title)
X
w
c
0
E
a
17
10 Packet Pg.431
5.O.a
c
0
M
U
CL
CL
Q
r
c
/Ln
V
0
d
L
U
Nd
I.L
6. CEQA Compliance Certification 0
Y
Form
co
r..
0
N
r
i
C
O
t0
U_
Q
Q.
a
r
'Ln
V
0
V)
Y
L
f0
O.
d
.v
R
r
C0
U
U)
M
to
m
SAN BERNARDINO SOCCER COMPLEX PROJECT x
I
CITY OF SAN BERNARDINO
Grant Application =
California Youth Soccer and Recreation Development Program
��n Berner no a
November 1, 2016
Packet Pg.432
11
li
2
State of California—The Resources Agency V
DEPARTMENT Of PARKS AND RECREATION Q
Youth Soccer and Recreation Development Program Q
CEQA Compliance Certification Form R
-- V
p
Applicant: City of San Bernardino
L
Project Name: San Bernardino Soccer Complex j
Project Address: 2500 Pacific Street, San Bernardino, CA 92346 0
When was CEQA analysis completed for this Grant Scope? Date: 9/22/2016
a
What documents were flied for this project's CEQA analysis: (check all that apply)
[]Initial Study ® Notice of Exemption ❑ Negative Declaration
v,
❑ Mitigated Negative Declaration ❑ Environmental Impact Report
a
y ❑ Other
0
N
Please attach the Notice of Exemption or the Notice of Determination as appropriate.
If these forms were not completed, please attach a letter from the Lead Agency o
explaining why, certifying the project has complied with CEQA and noting the date
the project was approved by the Lead Agency. a
Q
Lead Agency Contact Information (Public agency responsible for environmental review =
and approval):
Agency Name: City of San Bernardino Contact Person: Jim Tickemyer 0
cn
Mailing Address: 201 N "E" Street Suite 301 San Bernardino CA 92401
Phone: (909) 384-5233 Email: tickemyerJi @sbcity.org
Certification:
U)
I hereby certify that the Lead Agency listed above has determined that it has complied with the California m
Environmental Quality Act (CEQA) for the PROJECT identified above and that the PROJECT is described in vn
adequate and sufficient detail to allow the PROJECT'S construction. m
I certify that the CEQA analysis for this PROJECT encompasses all aspects of the work to be completed
with GRANT funds. x
Lu
Mark Scott, City Manager
AUTHORIZED REPRESENTATIVE Date AUTHORIZED REPRESENTATIVE
(Signature) (Printed Name and Title) E
Q
12 Packet Pg.433
` State of Califomla-Department of Fish and Wildlife
2018 ENVIRONMENTAL FILING FEE CASH RECEIPT
DFW 753.5a (Rev. 12/15/15) Previously DFG 753.5a =
RECEIPT NUMBER: v
Q
36 — 09/22/16 — 614
Q
STATE CLEARINGHOUSE NUMBER(H applicable)
N/A
SEE INSTRUCTIONS ON REVERSE.TYPE OR PRINT CLEARLY. 0
LEAD AGENCY LEADAGENCY EMAIL DATE _
City of San Bernardino N/A 09/22/16 ro°
COUNTY/STATE AGENCY OF FILING DOCUMENT NUMBER 0-
San Bernardino N/A
PROJECT TITLE
San Bernardino Soccer Complex Project o
PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER �11-
City of San Bernardino N/A (951)845-4391
PROJECT APPLICANT ADDRESS CITY STATE ZIPCODE d
201 N. E St. San Bernardino CA 92408 :°
rn
PROJECT APPLICANT(Check appropriate box)
❑✓ Local Public Agency ❑ SChoCI District ❑ Other Speclal Dfs(rict ❑ State Agency ❑Private Entity ra)
tD
CHECK APPLICABLE FEES:
❑ Environmental Impact Report(EIR) 53,070.00 S 0.00
• Mitigated/Negative Oeclarallon(MNO)(NO) $2,210.25 S 0.00
to
• Certified Regulatory Program document(CRP) $1.043.75 S 0.00 CD
Q Exempt from fee r
r
Notice of Exemption(attach) _
0
❑ CDFW No Effect Determination(attach)
❑ Fee previously paid(attach previously Issued cash receipt copy) v
Q
CL
❑ Water Right Application or Petition Fee(State Water Resources Control Board only) 5850.00 $ 0.00 Q
Q County documentary handling fee S 50.00
❑ Other $
L
PAYMENT METHOD.
❑ Cash ❑ Credit Q Cher O her TOTAL RECEIVED $
50.00 0
All
SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE i
(t3
a
X Melissa Crowell, Deputy Clerk
R
t�
M
m
r
t
X
w
r
m
E
v
Q
OR IOINAL-PROJECT APPLICANT COPY-CDFW"8 COPY-LEAD AGENCY COPY•COUNTY CLERK DFW 753,50(Rov.20151215)
13 1 Packet Pg.434
S.O.a
NOTICE OF EXEMPTION
• To: Office of Planning and Research From: City of San Bernardino
P.O. Box 3044, Room 113 201 N. E Street o
Sacramento, CA 95812-3044 San Bernardino, CA 92408
.Q
Q.
Clerk of the Board Q
County of San Bernardino
385 N. Arrowhead Avenue, 2nd Floor 0
San Bernardino, CA 92415 c
a�
Project Title: San Bernardino Soccer Complex Project
o_
Project Location— Specific:
The San Bernardino Soccer Complex Park Project is located at 2500 Pacific Street, on approximately 47 0
acres at the corner of Arden Avenue and Pacific Street in the City of San Bernardino. >'
L
Project Location — City: City of San Bernardino Project Location—County: San Bernardino County a
a�
Description of Project:
The project is for new soccer field improvements: seating, futsal courts, and field lighting at the San rn
Bernardino Soccer Complex. ti
Name of Public Agency Approving Project: City of San Bernardino 7T_
Name of Person or Agency Carrying Out Project: City of San Bernardino
�. a`
t cfl
Exempt Status: (check one) V
❑
CD
Ministerial (Sec. 21080(b)(1); 15268); '
❑ Declared Emergency (Sec. 21080(b)(3); 15269(a));
❑ Emergency Project(Sec. 21080(b)(4); 15269(b)(c));
® Categorical Exemption. State type and section number: + K) c
o
-o T' a
Section 15301 Class 1: Minor Alterations to Existing Facilities
❑ Statutory Exemption. State code number: r
Q
r\)
C> c�
Reason why project is exempt:
s
The project is within an existing soccer park.
0
Lead Agency
L
Contact Person: Martha van Rooi•en. Project Manager Telephone Number: (9511845-4391 a.
d
m
If filed by applicant: U)
1. Attach certified document of exemption finding U
2. Has a Notice of Exemption been filed by the public agency approving the project?_Yes_ No m
CID
Signature: v Date: September 22. 2016
4kelm--eyver, n erim Parks Director, City of San Bernardino x
W
® Signed by Lead Agency Date received for filing at OPR:
❑ Signed by Applicant E
E
DATE FIL D p D w
Posted On:
Q
Removed on! l/
Recelpt Noy _69CA�Z&7— ,/
Packet Pg.435
14
IIQW016 CEQAnet-San Bernardino Soccer Complex Project
California Home ! ."mdvn-. `nb(.r,� , .e
0
a€'rz Home>cECaAnet Home?CEQpnet Query>Search Results x Docurrent Descriptcn 2
San Bernardino Soccer Complex Project CL
a
SCH Number: 2016098357 L
(7
Document Type: NOE-Notice of Exemption
O
Project Lead Agency: San Bernardino,City of M
L
Q
Project Description
The project is for new soccer field it provemenis;seating,futsal courts,and field lighting at the San Bernardino Soccer complex. 0
L
Contact Inform ation n-
d
Y
Primary Contact: M
Martha van Rooijen U)
City of San Bernardino
rn
951-84514391 n
W
30D North D Street,3rd Poor
San Bernardino, CA 92418
c
a
Project Location
County_ San Bernardino N
lq%W City: San Bernardino
legion:
r
Goss Streets: O
O
Latitude/Longhude:
Parcel tb: v
Tow nship: C
Range: Q
Section: a
Base:
Other Location Info:
t�
O
Exe m pt Statu s >-
1 Mnisterial y
lt3
F Declared Emergency a
a�
r Emergency Project a
N
IK Categorical Exemption U
to
r Statutory Exemption co
Type,Section or Code Number S:15301 C1 m
r
Reasons for Exemption
t
The project is within an existing soccer park X
w
:r
c
d
Date Received:9/23/2016 I:
v
w
Cf:QUd IIOME NEW sr-ARCH
http:/A vw.ceganet.ca.gWNOEdescripbon.asp?DocPK=706322 15 Packet Pg. 436
c
0
r
v
Q
Q
c
ca
,L^
V
r-
0
V
L
U
d
7. Land Tenure Requirements 0
0
L
a
a�
Q,
(L
cfl
0
r
c
0
a
cs
a
CL
Q
c
M
L
0
L
O
N
L
R
O.
d
r
ca
w
N
U
Cn
c0
co
m
SAN BERNARDINO SOCCER COMPLEX PROJECT X
w
CITY OF SAN BERNARDINO w
Grant Application E
California Youth Soccer and Recreation Development Program
San Beroar 1110 Q
November 1, 2016
Packet Pg. 437
16
o $a
O r�
O i1 -
'
nO
04
CL
CL
,,L^^
I V
o
R
I s.
m
NO
O
L
a
Ptn. Blk. 2 2
1 az aC 3 102
--------- ----- i- -----?�
-- ----------- -
I.R
- . - ,d - ?'--
v
M NO I �-
poss. III 011t) — L
0-
101 Q0
I Q
GO N
e
r
f 0
2 3 � O
Ln SC
I .13 v
Ptn. Blk. 1 a
z tUJs I cLc
O
jI 514 15 i1415 a
1111 a �
`1 15 •�f Ila N b V♦
1 U
Ln c o w f q -1 C-) V1
t�! U)
mf�il 7-7a 4f 1 JS AC l YJ �p m
A m N
x
m LLL
m
o , nd- ° w
7 _ d s
-PAC I-F1-C– – – – — — --5 T R Ef F– – o 0
w
u
21) I i
0
�i Packet Pg.438
�S.O.a
PROPERTY DETAILS
0
San Bernardino City APN: 1191-101-05
San Bernardino, CA 92404 San Bernardino County Q
O_
Q
Owner Information
,Ln
V
Primary Owner:SAN BERNARDINO CITY Secondary Owner; O
Ca
ca
Mail Address: Site Address:
SAN BERNARDINO CA 92404 v
d
Assessor Parcel Number:1191-101-05 y
Census Tract:0074.07 Housing Tract Number: O
,t Lot Number: Page Grid:
a
Legal description:District: 12 Abbreviated Description: DIST:12 CITY:SAN BERNARDINO SECtTWN a;
/RNGIMER:SEC 31 TWP IN RNG 3W PART OF WEST HIGHLAND AND PTN NE 114 SEC
31 TP IN R 3W LOT 3 N 112 BILK 1 AND S 112 ST ABANDONED ADJ ON N AND W 21.25 N
FT ST City]MunifTwp: SAN BERNARDINO
Sale co
Y
• •
L
a
cn
�1► Sale Date: Document#: Sale Amount:NIA c
N
Seller. Sale Type: Cost/SF:NIA
c
O_
Assessment • • +'
R
U
.Q
Assessed Value: Land Value: Imp,Value: Q
c
Homeowner % Improvement: R
Exemption: 0
Tax Amount: Tax Status:Current Tax Year:2015 0
Tax Rate Area:7-184 Tax Account ID:
Y
L
a.
Property
Y
N
Bedrooms: Year Built: Pool: U
CO
C0
Bathrooms: Square Feet: Lot Size: rn
m
Partial Baths: Number of Units:0 No of Stories: Q
Total Rooms: Garage: Fire Place: j
Property Type:Commercial Vacant Land Building Style: Owner
Exclusions: E
0
Use Code:Vacant Land(General) Zoning: U
Q
Packet Pg.439
18
PROPERTY DETAILS
0
San Bernardino City APN: 1191-101-06
c�
San Bernardino, CA 92404 San Bernardino County Q
!Z
4
Owner
IL^
V
S_
Primary Owner:SAN BERNARDINO CITY Secondary Owner: 0
R
Mail Address: Site Address: L
SAN BERNARDINO CA 92404 v
Q'
Assessor Parcel Number:1191-101-06
0
Census Tract:0074.07 Housing Tract Number: 0
Lot Number: Page Grid:
(L
Legal description:District:12 Abbreviated Description: DIST:12 CITY:SAN BERNARDINO SEC/TWN d
/RNGIMER:SEC 31 TWP IN RNG 3W PART OF WEST HIGHLAND AND PTN NE 114 SEC
31 TP IN R 3W LOT 2 S 112 BILK 1 AND W 21.25 FT OF ST REDUCED ADJ ON E
CitytMuni/Twp: SAN BERNARDINO
Sale ca
Information
=
L
(L
Sale Date: Document#: Sale Amount:NlA c
N
Seiler: Sale Type: Cost/SF:N/A
V-
0
Assessment & Tax Information
t0
Q
Assessed Value: Land Value: Imp,Value: C
c
Homeowner % Improvement:
Exemption: 0
Tax Amount: Tax Status:Current Tax Year:2015 0
Tax Rate Area:7-184 Tax Account ID: y
Y
i
f6
n.
Property
U
Bedrooms: Year Built: Pool: m
Bathrooms: Square Feet: Lot Size: U)
m
Partial Baths: Number of Units:0 No of Stories:
t
Total Rooms: Garage: Fire Place: j
Property Type:Commercial Vacant Land Building Style: Owner
Exclusions:
s
Use Code:vacant Land(General) Zoning:
Packet Pg. 440
19
� ry
INN
0
PROPERTY DETAILS
O
San Bernardino City APN: 1191-101-03
2500 Pacific St, Highland,CA 92346 San Bernardino County Q
Q
Owner Information
,L^
V
Primary Owner:SAN BERNARDINO CITY Secondary Owner: O
cu
Mail Address: Site Address:2500 PACIFIC ST O
L
HIGHLAND CA 92346 U
d
Q'
Assessor Parcel Number:1191-101-03 y
Census Tract:0074.07 Housing Tract Number: O
Y
Lot Number:l Page Grid:577-E4
a
Legal description:Lot: 1 Block: 1 District: 12 Abbreviated Description: LOTH BLKA DIST:12 CITY:SAN O
BERNARDINO SECITWN/RNGIMER:SEC 31 TWP IN RNG 3W PART OF WEST
HIGHLAND AND PTN NE 114 SEC 31 TP 1 N R 3W LOT 1 N 112 BILK 1 AND S 112 ST ..
ABANDONED ADJ ON N City/MunilTwp: SAN BERNARDINO
to
Sale d'
Information
0.
Sale Date: Document ft: Sale Amount:WA c
N
Seller: Sale Type: Cost/SF-.NIA
c
O
-Assessment & Tax Information
U
2
Assessed Value: Land Value: Imp,Value: Q
r
c
Homeowner % Improvement: t�C
Exemption: C7
Tax Amount: Tax Status:Current Tax Year:2015 0
Tax Rate Area:7-154 Tax Account ID: N
Y
L
l6
a
Property
r
U
Bedrooms: Year Built: Pool (n
co
Bathrooms: Square Feet: Lot Size: U)
ca
Partial Baths: Number of Units:0 No of Stories:
Total Rooms: Garage: Fire Place: t j
Property Type:Commercial Vacant Land Building Style: Owner
Exclusions: E
Use Code:.Vacant Land(General) Zoning:
d
Packet Pg.441
20
PROPERTY DETAILS
0
San Bernardino City APN: 1191-101-04 2
San Bernardino, CA 92404 San Bernardino County Q,
Owner rz
Q
Information
'Ln
V
Primary Owner:SAN BERNARDINO CITY Secondary Owner: 0
cv
Mail Address: Site Address:
SAN BERNARDINO CA 92404 v
m
Assessor Parcel Number:1191-101-04
Census Tract:0074.07 Housing Tract Number: 0
Y
Lot Number: Page Grid: Ry
n.
Legal description:District.12 Abbreviated Description: DISTA2 CITY:SAN BERNARDINO SEC/TWN 0
/RNGIMER:SEC 31 TWP IN RNG 3W PART OF WEST HIGHLAND AND PTN NE 1!4 SEC
31 TP 1 N R 3W LOT 2 N 112 BILK 1 AND S 112 ST ABANDONED ADJ ON N CityiMuniiTwp: rn
SAN BERNARDINO
CD
Sale Information
C
LL
W
Sale Date: Document ft: Sale Amount:N/A c
N
Seller: Sale Type: Cost/SF:N/A
r
c
0
Information Assessment & Tax
cTs
v
Q
Assessed Value: Land value: Imp, Value: Q
c
Homeowner % Improvement: cLe
Exemption: 0
.c
Tax Amount: Tax Status:Current Tax Year:2015 0
Tax Rate Area:7-184 Tax Account ID: rn
Y
L
ftS
CL
Property Characteristics
rn
U
Bedrooms: Year Built: Pool: cn
m
Bathrooms: Square Feet: Lot Size: to
m
Partial Baths: Number of Units:0 No of Stories:
Total Rooms: Garage: Fire Place: t j
Property Type:Commercial Vacant Land Building Style: Owner
Exclusions:
Use Code:Vacant Land(General) Zoning:
r
Q
Packet Pg.442
21
o-.
PROPERTY DETAILS
°
r
San Bernardino City APN:1191-101-07 M
San Bernardino, CA 92404 San Bernardino County Q
>Z
Q
r
Owner Information
ca
V
Primary Owner:SAN BERNARDINO CITY Secondary Owner; o
r
Mail Address: Site Address: 2-
SAN BERNARDINO CA 92404 v
CD
Assessor Parcel Number:1191-101-07
Census Tract:0074.07 Housing Tract Number: °
Lot Number: Page Grid:
(L
Legal description:District: 12 Abbreviated Description: DISTA2 CITY:SAN BERNARDINO SECf1-WN a)
IRNGIMER:SEC 31 TWP IN RNG 3W PART OF WEST HIGHLAND AND PTN NE 114 SEC
31 TP IN R 3W LOT 1 S 112 BILK 1 EX ST CitylMunilTwp: SAN BERNARDINO
a)
r`
Information
'
c
'C
Sale date: Document#: Sale Amount:NIA
Seller: Sale Type: Cost/SF:NIA c°v
Assessment & Tax T
Information °
f0
U_
Assessed Value: Land Value: Imp,Value: CL
CL
Q
Homeowner % Improvement: +r
c
Exemption: T
0
Tax Amount: Tax Status:Current Tax Year:2015 c
Tax Rate Area:7.184 Tax Account ID: °
rn
Y
L
fC
Property Characteristics a.
N
to
Bedrooms: Year Built: Pool:
U
N
Bathrooms: Square Feet: Lot Size:
Partial Baths: Number of Units:0 No of Stories: m
r
Total Rooms: Garage: Fire Place: X
W
Property Type:Commercial Vacant Land Building Style: Owner Y
Exclusions: _
d
E
0
Use Code:Vacant Land(General) Zoning: v
r
Q
Packet Pg.443
22
c
2
v
CL
Q.
Q
'Ln
V
_
O
Q�
L
V
NNd
8. Sub-Leases or Agreements 0
0
Y
L
rt+
rt+
_
�L
a
0
N
r
C
O
t4
V
Q
Q.
Q
C
CU
L
O
N
Y
L
cc
a
d
R
.r
U
DO
m
si
SAN BERNARDINO SOCCER COMPLEX PROJECT w
CITY OF SAN BERNARDINO
Grant Application s
California Youth Soccer and Recreation Development Program U
Sin 0 er03!,100 a
November 1, 2016
Packet Pg. 444
23
5.O.a
RESOLUTION (ID #4051) DOC ID: 4051 E
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract o
r
From: Mickey Valdivia MlCC Meeting Date: 10/19/2015 .Q
Q
Prepared by: Lesa Nichols, (909) 384-
5233 L
c�
c
Dept: Parks, Recreation & Community Ward(s): 7 °
Services L
°
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing 0
the Execution of a Lease of the San Bernardino Soccer Complex to San Bernardino
Soccer, LLC and Appropriating $143,141 from the Soccer Field Fund. (#4051) a
Current Business Registration Certificate: Not Applicable
V!
Financial Impact:
See paragraph below, 7i
Motion: Adopt the Resolution.
Background: a
The San Bernardino Soccer Complex has gone by many names since the City first o
acquired the property. Some of these names are Patton Park - North, Patton Farms,
San Bernardino CYSA-South Municipal Soccer Complex, and San Bernardino Municipal
V_
Sports Complex. o
In January of 1970 (reso. No 10089) the City of San Bernardino entered into a lease
agreement for the use of property owned by the State of California located east of a
Arden Avenue and north of Pacific Street_ This parcel of 50 acres was to be used by
the City for park purposes.
In November of 1973 (reso. No 11601) the City of San Bernardino entered into a new o
lease and an agreement to lease and purchase surplus lands from the State of
California. This agreement was for a total of 80 acres of land located north and south of
Pacific Street and east of Arden Avenue. This lease was in effect from December 1, a
1973 and ending November 30, 1977. The terms of this agreement stated that if the
CD
contractual amount was paid, the State would convey the property to the City by
Quitclaim deed. This would release the property, free and clear of encumbrances, with U)
the express condition that the real property be used only for park and recreation
purposes within 25 years. An additional provision called for the City to develop the land m
for park and recreational purposes within 10 years.
X
The City started to develop both parcels into park and recreational purposes using State
Bond Acts. Patton South (now known as Speicher Park) was developed into a park
area with park area and ball fields.
Q
Updated: 10/15/2015 by Georgeann "Gigi" Hanna E24 Packet Pg.445
S.O.a
0
4051
Patton North (now known as the San Bernardino Soccer Complex) went through more
turnovers. Originally, part of the development of the Soccer Complex was a horticulture o
area in conjunction with San Gorgonio High School. There was also an equestrian area 2
with stables on the site as well as a caretaker's home. Parking lot areas were 2
developed and a picnic shelter and restrooms were built. Due to funding issues the a
property was looked at several times for possible return to the State.
c
L
In September of 1990, the City was contacted by the County of San Bernardino
regarding the purchase of the 50 acre parcel, known at that time as Patton Farms, for 2
the re-location of the San Bernardino County Medical Center. Due to the requirements d
of the quitclaim deed, the City contacted the State regarding the possible sale_ This
sale was not allowable and the City was advised of their requirement to develop the
parcel within 25 years for park and recreational purposes. o
In August of 1996, the City of San Bernardino, along with the Redevelopment Agency of
the City of San Bernardino, entered into a joint development agreement with Empire
A/G Recreation, LLC for the removal of existing structures and the construction of a
public recreational facility on the property consisting of sixteen (16) soccer fields,
ancillary buildings, parking and related landscaping. A secondary lease was entered in
November of 1996 with CYSA-South San Bernardino Soccer Foundation. This lease to to
was entered into in accordance with the terms and provisions of the Joint Development
Agreement (San Bernardino Municipal Sports Complex) by the Redevelopment Agency a
of the City of San Bernardino and Empire A/G Recreation, LLC dated 19 August 1996.
Both agreements had a term of twenty (20) years. N
In March of 2002, CYSA-South San Bernardino Soccer Foundation was notified that =
they were in violation of their lease with the City. They were given 30 days to correct
the issues. M.Q
CL
At the beginning of 2003, the City effectively ended the lease agreement with CYSA- a
South San Bernardino Soccer Foundation and took over what is now referred to as the L
San Bernardino Soccer Complex. The City entered into a contract with a concession
company to provide concessions at the complex but the contract was terminated. The
City also entered into another contract with an outside agency to run the complex but }
this was terminated due to failure to comply.
L
a
Purpose & Impacts:
Given the complex history and repeated attempts to successfully manage this facility
since its inception, it is important to understand how this proposal differs from previous 0
management attempts. This proposal will contract every element of the San Bernardino
Soccer Complex to a single management company_ In years past, partnership between m
the City and private companies have proven to be ineffective_ Also, exclusive
management by the City has been equally ineffective.
w
The Parks, Recreation, and Community Services department has received numerous
complaints regarding the poor condition of the turf. These legitimate complaints have E
been submitted for years by individual families as well as the contract companies who
Updated: 10/15/2015 by Georgeann "Gigi" Hanna E25 Packet Pg.446
z e
r Yi7?'
� .t
4051
rent the facility for soccer tournaments_ This created liability issues that we have been
contending with for years. Also, the concessions and well as facilities have been kept o
marginal at best. Essential reinvestment has been inconsistent. 2
The City currently employs one (1) full time person and twelve (12) part time individuals C
at the soccer complex. The full time employee will be offered a vacant full time position
within the Parks department. According to Civil Service, this will be a demotion but the FO
individual will maintain his current pay. Seven (7) part time employees will be placed in c
currently funded but vacant part time positions within the Parks department. The °-
remaining five (5) part time employees will all be interviewed in "good faith" by the
Elmore Sports Group for potential employment. There will be a one month transition
period during which employees will remain on the City payroll. During this period, they
will be offered an opportunity to apply for work and be interviewed by the Elmore Sports
Group.
L
Contracting the management services of the San Bernardino Soccer Complex is clearly
outlined in the Recovery Plan (page 55, Table 25). We recommend strict adherence to
the Recovery Plan and this proposed action fulfills our commitment. Additional `"
adherence to the Recovery Plan by the parks department has been fulfilled by
contracting park maintenance services as well as contracting some parks programming 7�,
and community center activity to local non-profits. Our recent activity related to the ;=
recovery plan has created a greater level of service for the citizens of San Bernardino.
This is a tremendous opportunity to re-brand the City and create a positive image. The N
new international element that will frequent the facility will offer international acclaim as
well as enhancing the experience of our current users. _
0
r.
The RFQ process was employed to attract interested parties. Two independent panels
interviewed the potential clients. The panels were comprised of the City Manager, a
Assistant City Manager (Economic Development), Parks and Recreation Director, a
Community Development Director, Park Maintenance Division Manager, Parks L
Community Recreation Manager and a former soccer player at the San Bernardino c�
Soccer Complex, who is a San Bernardino resident and local business owner. The
independent panels overwhelmingly selected the Elmore Sports Group as the most }
qualified company to manage the San Bernardino Soccer Complex. (n
L
a
The Elmore Sports Group:
The Elmore Sports Group currently manages the 66ers San Manuel Stadium. They n
specialize in concessions, marketing, advertising, event parking, turf management, N
security, concerts, and event planning logistics. Essentially, the Elmore Sports Group M
will provide all services needed to successfully manage the San Bernardino Soccer m
Complex. They employ local residents to provide services at the 66er Stadium and
have every intension of hiring locals to operate the San Bernardino Soccer Complex. x
The following represents the highlights of their organization and qualifications: w
General Partner E
* Minor League Baseball Teams
a
Updated: 10115/2015 by Georgeann "Gigi" Hanna E28 Packet Pg.447
,d 'ass,.,
4051
- AAA Division - Colorado Spring Sky Sox
- AA Division - San Antonio Missions o
- A Division - Inland Empire 66ers M
- Rookie Division - Idaho Falls Chukars and Eugene Emeralds
Q
CL
Maverick Center
- 12,000 seat capacity
- Home of the 2002 Winter Ice Skating Olympics =
- Home of the Utah Grizzlies, East Coast Hockey League Team 2
r
Host approximately 110 concerts and events, annually
v
Cartan Global
- Exclusive travel service to both Olympic Games & FIFA World Cup o
Clientele Includes: >-
- International Olympic Committee (IOC) a
- PanAmerican Sports Organization (PASO)
- National Olympic Committee (NOC)
- Sports Federation & Several Football Organizations (including US
Soccer)
- MATCH Hospitality - worldwide exclusive rights holder FIFA Hospitality
Exclusive Sales Agent to: _
- Cayman Islands, El Salvador, Honduras, Jamaica, Argentina, Paraguay, a
Uruguay, Trinidad and Tobago. o
N
The Elmore Sports Group has been in this industry for numerous decades and they
have a proven track record. The General Manager for the 66er Stadium grew up in San
Bernardino and was educated at California State University San Bernardino,
Contract Highlights Q
1. 10 year contract with three 5 year extension opportunities. Q
2. 5 % of gross revenues will be placed annually into a Capital Improvement Project
account to be spent on Capital Improvements at the Soccer Complex. This amount c�
can be increased at the 5 year extensions.
3. The Elmore Group will double the city's initial investment into initial capital
improvements. For example, if the city commits to $300 K for turf management, the L
Elmore Group will contribute $600K. a
4. Independent annual audits. W
5. An initial Facilities Condition Report will establish an objective project list whereby the
Capital Improvement Project account will be used to fund these improvements.
m
Financial Component m
Funds were utilized during Fiscal Year 2014-15 to improve maintenance at the Soccer
Complex and upgrade its facilities. Some of the key initiatives were to attract x
constituents, tournament leagues and other consumers. Improvements in field lighting, W
parking lots, and restrooms were made in addition to a major repair of the well pump at
the Soccer Complex. Field maintenance tools, materials, industrial turf management E
equipment and other supplies were purchased to bring the Soccer Complex closer to
AV A a
Updated: 10/15/2015 by Georgeann "Gigi" Hanna E27 Packet Pg.448
5.O.a
4051
facility maintenance industry standards. The additional appropriation of $143,141 will be
used for continued improvement of the Soccer Complex parking lots and its lighting.
2
�o
Additional funding will be utilized from the Soccer Field Fund at implementation of the
contract, estimated to be October 31, 2015, for capital equipment in a not to exceed a
amount of $400,000 and will be due by June 30, 2018. The balance of funding
necessary to meet the $400,000 to be used on capital improvements will be co,
supplemented by CDBG funding, pending approval of a substantial amendment.
0
�o
Recommendation
Adopt the resolution authorizing the Execution of a Lease of the San Bernardino CD
Soccer Complex to the Elmore Sports Group.
City Attorney Review: 0
Supporting Documents: a
Soccer Complex Resolution (DOC)
agrmt 4051 (PDF)
Recovery Plan - Soccer Complex (PDF)
SB Soccer Complex Map (PDF)
�r
_
L
a
0
0
N
r
C
O
cu
V
.Q
a
_
/L^
V
Y
0
h
L
a
d
ca
U
m
m
m
.r
t
x
w
v
E
a
Updated: 1011512015 by Georgeann "Gigi" Hanna E Pg.449
'
�
�
P6. .a
City of San Bernardino Proposed Recovery Plan in Support of the Plan of Adjustment for Submittal to Bankruptcy Court
CL
Table 25. Estimated Cost Savings and Efficiency Gainsfroni Contracting Specified City Functions
Estimated Annual Cost Savings(Ongoing)frorn Contracting' 0
Contract Opperto-ity General Fund Non-General Fund Efficie 0
Fire Departmentt $9,000,000 or
Significant
Fleet MaintenanCe2 $400,000 $580,000(Various funds) Significant
Waste Management Significant 0
Street Sweeping Significant
(Integrated Waste Management Fund)
Right-of-way Clean-up Moderate IL
Graffiti Abatement $132,600 Moderate
Traffic Signal Maintenance $118,000(Gas Tax Fund) Moderate
Street Maintenance(Pothole $150,000 to$300,000
Significant
repair and Capital Projects)
Custodial Maintenance $150,000 Moderate a.
Soccer Complex Management/ $240,000 to
Moderate
Maintenance I
T
`n2DJ2,the City of Santa Ancr contracted°=Orange`=" F "="~^",/"C ~ /~/^^r~~~~^s '—~^ ''.~v~~^~~ �
savings of 18%-21Y.(S8.7-JO million)n/the Fire prpoxm," 5nwnmal budget. This vm6mmwy estimate/u,amBernardino `
incorporates the estimated cost mvinV frommnmcchopfireondEmS,pmicrdeliverymonnv/sideo*,nc'uod implementing
variety"/service*fficieocies identified/n the C/tyeo/cStudy.
/ESt/mutru cost savings mo not Include mvmysftnm^,nmmgfioot replacement costs,the uvusv/fleet maintenance and port-time
0.
s/mYmoco,o. o`
/
au
um�'s wm,r'Deportment
Fire Department' According to the City's FY 2014-15 adopted budget, the Fire Z>cpartnncn\ is 0
projected to cost $3 t.5 rrullion or 24% of the City's General Fund. /\ 52 million ud6uxhneotwas
required at mid-year [broddibonu| overtime expenditures. Fire expenditures per capita are higher o
thDO the average 0f peer cities (S\4} per capita compared (0o peer average O[Slj4) 85isLhC
number oF fire depui-tnncntpersonnel K).74 per capita compared 10 the peer average n[D.58\. This is �
due to ,c station configurations, the service de|i method�\bod [br6i8h medical call vo|ornos. and ~-
fire
deployment choices. Many cities 000\ruot for fire protection and EMS services. In fact, several m
cities of the saTne general size as San Bernardino save money as a result of this service delivery ^^
approach. These oortroo(o are commonly with regional fire service providers such as the San o»
Bernardino County Fire Department, which serves u number o[cities in San ]Bcniurdino County o/ m
the California Department of Forestry and Fire Protection /Cu|Fin:\, which serves 150 |Vhndicbonu ~
h) the State including several in San Bernardino and Riverside Counties. Typically [knscuontTau(
approaches can hnsignifiount|y less expensive usu result uf economies uF scale and iu the case n[ w
Ca|Fircun alternative scheduling approach.
Page 55
^�
iiO.a
City of San Bernardino Proposed Recovery Plan in Support of the Plan of Adjustniert f(-r Submittal to Bankruptcy Court --
o
The City has issued a Request for Proposal (RFP) for fire services and is expecting proposals on Q
May 20, 2015. The City has invited both the County and CalFire to respond, as well as neighboring CL
Q
cities and private service providers. c
L
In addition, the status of the fire fleet is poor and the Fire Department budget does not include =
funding to adequately address the costs of maintaining or replacing its fleet. °
L
Fleet Nfaintenance - The City has been financially triable to replace its vehicles and equipment in CD
accordance with industry standards or provide an effective fleet maintenance operation. About 479
units, representing 56% of the City's total fleet, are currently due or past due for replacement at an o
estimated cost of more than $41 trillion. The aging fleet has resulted in a sigmficant burden on the
Y
understaffed fleet maintenance employees who must contend with an aging fleet and an inefficient
fleet operation. (The division has been without the leadership of a qualified fleet manager for
several years). Deferred fleet maintenance also puts the City at risk for compliance with state-
mandated equipment and vehicle inspections.
0)
ti
Waste Management- San Bernardino has a separate enterprise fund (non-General Fund) designated
for solid waste and recycling services. The fund also supports two related services, slTeet sweeping
and clean-up of the City's rights of way. Most municipalities in California contract with the private
sector for solid waste and recycling. With state recycling requirements that have been in place for `D
over 15 years, refuse haulers have gradually expanded their businesses to include materials sorting, c°v,
recycling, public education, and in some cases, street sweeping and other related services, working
W partnership with individual cities and counties.
0
There are several large waste companies in the San Bernardino area that could provide the same
services now provided by the City. These companies currently provide services to San a
Bernardino's neighboring cities. One waste company owns and operates a materials recovery a
operation (a plant for receiving, sorting and preparing recyclable materials for marketing to end
users) located in the City. In addition, the more sophisticated companies use specialized routing 0
systems to reduce travel times and produce and closely monitor work measurements based on their
experience. Given the expertise developed in multipte jurisdictions and by these waste companies, }
and the economies of scale that larger operations can provide, it is likely that contracting these
services to a private company will result in lower costs to provide the service and increased a
&anehise fees to the General Fund. e,
Soccer Complex-The City has an opportunity to contract the maintenance, marketing and U
operations of its Soccer Complex to an organization that may provide better marketing of the m
facility and a higher level of service to the public. To provide an incentive for the potential W
providers,the City may need to fund improvements to the existing fields and participate in °.n
.
marketing efforts.
X
w
Other Services- While the scope of savings may not be as great, there are many other areas where
the City may derive efficiencies from a contract approach. Some areas where known savings have
been identified include custodial maintenance, graffiti abatement, right-of-way cleanup and traffic
�a
Q
Page 56
Packet Pg.451
30 ._
5.O.a
Mark Scott,Gfy Manager
300 North"D"Stree
San Bernardino,CA 92418-000
(909)384512:
CITY OF SAN BERNARDINO
M
SOH Ben ar IAO CITY MANAGER'S OFFICE .2
Q
_
TO: Mayor and Common Council
tu
FROM: Mark Scott, City Manager °
�s
L
SUB ECT: Summary of the Recovery Plan adopted on May 18, 2015 and
Implementation Efforts Since
DATE: May 12, 2016
L
0.
The Common Council adopted a Recovery Plan in support of the City s Plan of Ad ustment for °'
exiting bankruptcy in May 2015. Subsequently that Plan of Ad ustment based on this Recovery (1)
Plan was filed with the United States Bankruptcy Court, The City filed an update (the First
Amended Plan) in November 2015. This update (the Second Amended Plan) provides detail on
Plan implementation since November through the filing date in March 2016. This period has seen
the final approval of a number of important agreements and approvals implementing the May 2015
L
Recovery Plan. �-
r
The Recovery Plan rests on four key areas of change and improvement by the City, all aimed at N
improving the fiscal position of the organi ation. These four key areas are as follows:
r
a. Efficiency improvements largely regionali ing or contracting for services o
b. Debt and Other Post-Employment Benefits (OPEB) restructuring
c. New revenue and tax increases / extensions 'Q
d. Organi ational improvements Q
_
Subsequent to adoption of the Recovery Plan the City has made diligent efforts to implement
components of the Plan. The table below provides a summary of where the City currently stands =
with respect to the ma or elements of the Plan_ This Table is based on Table 1 Cost Savings and o
Revenue Enhancement Actions and Estimates (General Fund) in the May Recovery Plan. The (n
table shows for each opportunity area the estimated economic benefit, a summary of actions taken
towards implementation and the currently anticipated economic benefit either reali ed or planned. a.
Of note is that implementation is complete or underway on all actions targeted for 2015. In
addition, implementation of several elements targeted for 2016 are already underway.
U
v7
m
m
X
W
_
d
E
s
V
Q
Packet Pg.452
31
Update on Major Cost Saving and Revenue Enhancement Actions and Estimates (General Fund)
O
Cost Savings and Revenue Estimated Status
V
Opportunities G.
a
Savings
otherwise noted f4
Efficiency rLn
V
Improvements
O
Regionalize or Contract fire and 7,000,000 Implementing Council voted to annex into San
EMS services 10,000,000 Bernardino County Fire District. Local Agency v
Formation Commission (LAFCO) assessed and a)
approved annexation, sub ect to conditions of
approval, which included an annual parcel tax of
148.32, and protest hearing/votes. Less than 5 0
of landowners and registered voters submitted `
protest votes, moving the annexation forward to the a
implementation stage. Based on LAFCO and City Q
estimates net economic benefit to the City ranges
from 7,4 to 12.0 million annually of which �!?
approximately 7.4 million is expected to come from
landowners new parcel tax contribution. The higher W
savings estimate includes resumption of payments
for facilities maintenance, equipment replacement c
and overhead support eliminated from City budget. a
Contract business license 650,000 to Pending-Organi ational analysis recommending c
administration 900,000 moving function to Finance completed. RFP in N
development.Will be complete in 2016.
Contract fleet maintenance 400,000 Pending-2016
Contract soccer complex 240,000 to Completed. The City has contracted for the
management and maintenance 320,000 operation of the complex by a private vendor v
effective October 1, 2015. Annual savings are a
estimated at 300,000. Private vendor has begun a a
1 M renovation and established a new National =
Premiere Soccer League team.
Contract custodial maintenance 150,000 Pending-2016
Contract graffiti abatement 132,600 Pending-2016 0
Implement other efficiency 1,000,000 or more Completed. Right of way maintenance and street- Y
improvements sweeping are being implemented with solid waste
contracting.
as
Health care savings (retirees) Up to 60 million in Completed. Actuarial report is being finali ed.
total savings
U
Debt Restructuring [�
General Secured Bond 487,450 Implementing -Agreement has been reached. m
Obligations Documentation is underway.
General Unsecured Bond Up to all but 1 of Implementing - City has reached agreement with x
Obligations— Pension Obligation obligation or creditor. Obligation reduced from 95.8 million to W
Bonds approximately 95 50.7 million. Annual payments reduced from 3.3
million to 4.7M per year to 1.0 to 2,5M per year °i
E
Restructuring of other creditor Up to 4,300,000 in Pending-Tentative agreement reached with holder U
obligations total savings of 527,490 lease purchase obligation
a
Packet Pg.453
32
r�r
5.O.a
New Fee Revenue and Tax Adjustments
Seek reauthorization of the 8,300,000 Pending 2021. Police resources plan for
Measure Z sales tax in 2021 rebuilding police capacity and improving public °
r
(requires voter approval) safety adopted by City Council
Perform a transient occupancy 200,000 Pending-2016 a
tax(TOT) audit Q
Collect new waste management 5,000,000 Completed. Council approved a contract with c°w
franchise fee (once service has Burrtec. Service began April 1, 2016. Paid a 5M (9
been contracted) one-time fee plus will increase annual franchise o
payment to 5M from 2.2M. Sale of equipment
nets City 12M.
v
Increase waste management 2,800,000 Completed. Will increase annual franchise payment (D
franchise fee to 5M from 2.2M.
Implement waterlsewer utilities 1,050,000 Completed. New agreement adopted by City and 0
franchise fee Water Department. Y
L
Update master fees and charges 200,000 Pending-2016
schedule a;
Ca
Implement program for collecting 200,000 Pending. Will be done in con unction with move to
street sweeping parking private vendor 2016
rn
violations r
cn
Implement compensation 400,000 and Completed. Agreements have been reached with all 7t
adjustments for all City growing (2 employee bargaining groups. c
employees ad ustment for non- a`
safety employees)
Provide resources to Charter 150,000 (one time Pending. A new draft charter is under development N
Task Force and schedule cost) and has been reviewed at public meetings. Charter
election to consider revised Committee to provide recommendations to Council
Charter in May and anticipate November 2016 election.
0
Costs have been less than estimated
v
Organizational Im• • Onqoiilng osts • • a Q
Implement strategic planning 1,000,000 to Pending. Have completed Police Five Year Q
initiatives 3,000,000 Resources Plan which calls for additional c
depending on investment of from 6.7M to 13.3M in annual T
timing and ability to funding over next five years starting in my 2016.
fund Current model can only fund a portion of total
needed °
Rebuild corporate support 100,000 with a Pending. Organi ational reviews in process and
functions one-time cost of have preliminary observations and n.
500,000 recommendations for Finance, Human Resources d
and Information Technology a
CO
U
The Second Amended Plan filed in March 2016, of which the City Council was provided a copy N
provides additional data on the status of implementation in subsequent sections_ The City s intent cmn
is to demonstrate in a specific and transparent fashion, how the Plan is progressing and to answer m
questions raised by the Court and creditors. We will also set forth a revised Long Range Financial
Plan which the City believes shows our Plan is feasible and confirmable. w
w
d
E
a
Packet Pg.454
33
2015-229
o
LEASE AGREEMENT o
v
.Q
CITY OF SAN BERNARDINO and SAN BERNARDINO SOCCER,LLC CL
c
�o
,L^
V
CITY: CITY OF SAN BERNARDINO o
300 North"D"Street
a�
San Bernardino, CA 92418
d
o_
LESSEE: San Bernardino Soccer, LLC (an entity to be formed) }
280 S. E Street Y
San Bernardino, CA 92401 °-
d
r
U)
ADDRESS: San Bernardino Soccer Complex
2500 Pacific Street �.
Highland,CA 92346 c
�L
LL
r
N
r
TERM OF LEASE: Ten(10) Years with Options r
c
0
ca
'i COMMENCEMENT; October 1,2015 Q
a
Q
c
�a
c�
0
cn
Y
L
tC
O.
d
r
RS
U
co
m
m
t
X
w
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO
SOCCER, LLC FOR SAN BERNARDINO SOCCER COMPLEX E
u
Pagel of 23
Q
Packet Pg.455
2015-229 i
_
0
1. PARTIES.
a
This Lease AGREEMENT the "AGREEMENT" _ y a
( } is entered into this 19 th da of Occob er ...
2415, BY AND BETWEEN L
O
c
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY';
AND, 0
L
San Bernardino Soccer, LLC ( "LESSEE") (individually CITY or LESSEE may be a.
referred to as a "PARTY" and collectively CITY and LESSEE may be referred to as the
"PARTIES'}
a�
n
WHO AGREE AS FOLLOWS;
2. PREMISES LEASED. a
CITY leases to LESSEE and LESSEE leases from CITY the San Bernardino Soccer Complex,a c°v
47 acre soccer facility, including real property, and other improvements,with parking, located at
2500 Pacific Street,Highland,California 92346("PREMISES").
O
t0
3. TERM. U
.Q
CL
The AGREEMENT's initial term ("INITIAL TERM'S shall commence on October 1, 20)5 Q
c
("COMMENCEMENT DATE") and end on September 30,2025 ("ENDING DATE").
4. OPE,RATION OF PREMISES o
4.1 DEEINITXONS. �
M
o.
4.1.1 CAPITAL IMPROVEMENTS - The term "CAPITAL C'
IMPROVEMENTS" means newly constructed infrastructure,replacement,
or renovations of an existing improvement. A "Capital Improvement"
shall not include any expenditure for regular, ordinary, or routine (n
maintenance or repair work or replacements and shall specifically exclude m
a..
the following: individual or small-scale replacement of irrigation sprinkler
heads or minor extension of an existing irrigation system; mirror electrical w
as
L1?ASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO E
SOCCER, LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page 2 of 23 Q
35 Packet Pg.456
2015-229
0
repairs; minor landscaping work not associated with a major
improvement;and other routine maintenance and repairs.
a
Q
4.1.2 GROSS REVENUES — The term "GROSS REVENUES" means all
revenues from any business operations on the PREMISES generated by
LESSEE or its vendors, concessionaires, contractors, subcontractors,
0
agents, licensees, assignees, or sub-lessees that a Member of LESSEE(as
suet term is defined in California Corporations Code Section 17701.02)
CD
has an ownership interest in, including Diamond Concession,Inc.,directly
t
or cash or charge or non-cash (in-kind) amounts received, including all
admission fees charged for entry to the PREMISES, parking fees for >0-
parking at the PREMISES, and all league or tournament entry fees for use
of the PREMISES, during each calendar year less any state, local, or -
federal sales tax. The value of any non-cash consideration received by w
LESSEE shall be determined by LESSEE's reasonable discretion, Each
charge or sale or installment or credit or non-cash (in-kind) amount is to
be treated as a Sale for the month when LESSEE actually receives the
payment. The term "GROSS REVENUES" shall include all GROSS c
L
REVENUES, fees, charges, non-cash, and other income generated by the CL
by the sale of advertising or promotional activities at the PREMISES c
(collectively `Advertising Revenues'. The term "Advertising Revenues"
shall include net cash revenue received by LESSEE from website, wall, r
scoreboard, and turf advertising. The term `Advertising Revenues" shall o
not include the value of non-cash items received by LESSEE that are M
valued at less than $1,000, or team sponsorships, including without Q
limitation, free samples, prizes,giveaways, team sponsorships on uniforms Q
or i-shirts or any other items with an advertiser's name or logo on it, The
term "GROSS REVENUES" shall exclude credits and refunds for 0
returned or exchanged merchandise, services performed unsatisfactorily,
credits and amounts to settle claims for loss or damage to merchandise, or 0
any sales, use, value added, excise or gross revenue tax imposed by any Y
federal, state, or local governmental authority directly on sales and a
collected from customers. To the extent LESSEE subcontracts with any m
vendor, concessionaire or other third party to provide goods or services at cu
the PREMISES, GROSS REVENUES shall only include the amounts v
actually collected from such vendor, concessionaire or third party by m
W
LESSEE. m
4.2 CAPITAL IMPROVEMENT PROGRAM, x
w
w
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO
SOCCER, LLC FOR SAN BERNARDINO SOCCER COMPLEX E
v
Page 3 of 23 °,•
Q
36 Packet Pg.457
5.O.a
2015-229
® 2
0
LESSEE shall develop, implement and perform a comprehensive capital improvement
program ("Cl PROGRAM'S for the PREMISES. The CI PROGRAM is subject to the a
review and reasonable approval of CITY.As described in detail below,this program shall 't
contain a Cl PROGRAM reserve fund,a CI PROGRAIv1 work plan, and an accounting of L
work completed under the Cl PROGRAM. At a minimum, the CI PROGRAM will 0
C
include the following: .°-
M
4.2.1 CI PROGRAM Reserve Fund, On December 31,2015 and every three(3)
months thereafter for the TERM of this AGREEMENT, the LESSEE shall
deposit 5%of the GROSS REVENUES for the preceding three(3)months o
into an interest bearing bank account designated "Cl PROGRAM Reserve
Fund" (the "FUND'. LESSEE shall maintain adequate records for the
FUND, the adequacy of which shall be determined in the sole discretion of d
the CITY. The FUND, maintained by LESSEE, is solely for LESSEE's
completion of CAPITAL IMPROVEMENTS to the PREMISES during Q)
the TERM of the AGREEMENT. Upon the expimdon or earlier a
termination of this AGREEMENT any unspent balance in the FUND shall
be transferred to CITY.
a
4.2.1.1 On June 30, 2016 and each year thereafter during the TERM of N
this AGREEMENT, LESSEE shall provide to CITY an annual
statement of GROSS REVENUES and of the FUND prepared by
c
an independent certified public accountant. LESSEE shall maintain o
w
true, complete, and accurate books and records in respect to v
GROSS REVENUES and the FUND and, upon not less than ten a
(10) business days' prior written notice, LESSEE shall allow CITY `t
or its representative reasonable access to LESSEE'S books and
records for inspection and reproduction at reasonable business
.c
hours, at CITY'S sole cost and expense. At any reasonable time o
within three (3)years after receipt of LESSEE'S annual statements
for GROSS REVENUES and the FUND, CITY may, at CITY'S L
sole expense, cause an audit to be made of LESSEE'S books and n.
records for the period covered by such statement.
4.2.2 Annual Capital Improvement Plan. Not later than October 31, 2015 and Cn
every year thereafter, LESSEE shall provide to City Manager of CITY for N
approval a multi-year capital improvement plan(the"Cl PLAN")detailing 00
the time, manner and estimated cost for all maintenance projects that will
be commenced or completed within the 12-month period beginning on the w
immediately following January 1 st and including a budget for major items
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO E
Q SOCCER,LLC FOR SAN BERNARDINO SOCCER COMPLEX _
Page 4 o f 23 w
a
37 Packet Pg.458
2015-229
r � �
C
O
to be completed in future years. Within thirty (30) days following receipt, cc
CITY shall either approve or disapprove of the CI PLAN, and if CITY Q
disapproves, the CITY and LESSEE shall in good faith negotiate and Q
resolve any deficiencies any required changes to correct such deficiencies
identified by CITY.
0
a.
4.2.2.1 Initial Capital Improvement Contributions. In addition to the
above, it is anticipated that significant CAPITAL IMPROVEMENTS will
be proposed in the initial CI PLAN ("NITIAL C1 PLAN"). The INITIAL
C1 PLAN should include a proposed contribution from the CITY's Soccer o
Complex Fund, or other CITY sources, not to exceed four hundred Y
thousand dollars ($400,000) ("INITIAL CITY CONTRIBUTION'), and a
proposed contribution from the LESSEE that approximately doubles the a;
proposed CITY contribution, not to exceed eight hundred thousand dollars
($800,000) ("INITIAL LESSEE CONTRIBUTION"). Notwithstanding Q;
the foregoing, LESSEE shall not be required to make any mat6ing to
contribution (double or otherwise) for any portion of the MTIAL CITY
CONTRIBUTION that is used toward the payment of wages in excess of L
0.
market rate, as reasonably determined by LESSEE, and the INITIAL
LESSEE CONTRIBUTION will be reduced accordingly. The INITIAL CI N
PLAN should anticipate complete expenditure of the INITIAL CITY
CONTRIBUTION and INITIAL LESSEE CONTRIBUTION by June 30, r
2018. Any expenditure proposed to be funded by the INITIAL CITY 0
CONTRIBUTION must comply with all federal, state, and local
ordinances, regulations, and laws concerning the expenditure of public
CL
funds, including but not limited to those sections of the San Bernardino Q
Mutucipal Code related to purchasing goods and services, and those
sections of the Labor Code related to prevailing wage. LESSEE will be
reimbursed by CITY for all expenditures funded by INITIAL CITY
CONTRIBUTION in conformity with the INITIAL Cl PLAN upon °
presentation of an invoice within forty-five (45) days. Failure by LESSEE
' to fully expend the INITIAL LESSEE CONTRIBUTION by June 30, a.
2018 shall constitute default under this AGREEMENT, unless the
expenditure was delayed by events beyond LESSEE's reasonable control. C/)
rn
4,2,3 PREMISES Condition Report, Not later than 3une 30, 2018 and every m
to
five (5)years thereafter, CITY shall cause to be prepared a comprehemive m
report on the condition of the PREMISES ("REPORT"), conducted and s?
prepared by an independent and reputable third party consultant mutually w
approved by the CITY and LESSEE. LESSEE shall pay up to FIVE
_
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO E
SOCCER.LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page 5 of 23 Q
38 Packet Pg.459
J 2015-229
r � �
2
THOUSAND DOLLARS (55.000) towards the cost of the REPORT
required to be prepared hereunder from the FUND with the CITY paying a-
the balance of the cost.The REPORT,among other things, shall assess the
quality of the capital improvements and maintenance of the PREMISES
L
performed by LESSEE, shall identify any items of deferred maintenance
and repairs, necessary capital improvement,, and other deficiencies, and g
shall provide LESSEE with detailed recommendations to correct the
L
identified deficiencies, to the reasonable satisfaction of CITY, within two
(2) years of the receipt of the REPORT.
a
4.2.3.1IMTIAL PREMISES Condition Report. Not later than six (6)
Y
months after the Effective Date of this LEASE, LESSEE shall deliver to a
CITY a REPORT, in conformity with the requirements above, that details a;
the initial condition of the PREMISES.
in
rn
4.3 OPERATIONS
4.3.1 Maintenance and Operation& LESSEE shall maintain and operate the �
L
PREMISES to ensure public safety and enjoyment.
0
4.3.2 Quality of Service and Merchandise. LESSEE represents and warrants to
CITY that LESSEE has the necessary experience and qualifications to T
operate the PREMISES. CITY reserves the right to notify LESSEE in o
writing of any deficiencies in the way services are offered to the general
public and the appearance and condition of the PREMISES. Upon receipt a
of the notice, LESSEE agrees to cooperate with CITY to discuss a
remediation of any services found to be objectionable or inadequate to
L
CITY.
43.3 Rates and Prices. The prices, fees and other costs LESSEE charges for >°.
services and merchandise shall be reasonable and comparable to rates Y
L
charged for similar goods and services in the community. Upon request
o.
from the CITY, LESSEE shall provide to CITY the current list of prices, a,3
fees,and other costs charged by LESSEE. LESSEE shall include the list of 1°
current prices, fees and other costs charged by LESSEE with its annual CI
PLAN for review. m
m
4.3.4 Continuous Operation. LESSEE agrees to continuously market and
operate the PREMISES during the TERM of this LEASE,and hold it open w
to the public for the purposes at the times and for the purposes set forth in
C
LEASE ACREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO E
SOCCER, LLC FOR SAN BERNARDINO SOCCER COMPLEX
v
Page 6 of 23
Q
39 Packet Pg.460
S.O.a
2015-229
� • 1
0
Section 9 below. If required as part of the CI PLAN, the CITY may U
authorize LESSEE to temporarily close the PREMISES. a
CL
43.5 Public Safety. LESSEE shall maintain and operate the PREMISES to a
afford the highest practical degree of health, safety, and security for the 0
public, o
c�
L
4.3,6 Alcohol Sales. Nothing in this LEASE is intended to prohibit the sale of
alcoholic beverages at the PREMISES subject to LESSEE's compliance
with all applicable regulations and licensing requirements of the California o
Department of Alcohol Beverage Control and any other governmental
agency, including CITY, having jurisdiction over such sale. a
a�
w
'- 4.3.7 Former CITY Personnel. To the extent practical, LESSEE shall offer
employment to former CITY employees that worked at the PREMISES. a)
r,.
4.3.8 Sign Approval. LESSEE shall secure CITY approval and shall fulfill
CITY sign standards for any permanent signs to be placed on the i
PREMISES or anywhere else that refers to the PREMISES. As used
herein, "permanent signs" shall include any sign attached to a building N
structure, or the ground in a manner that precludes ready removal or
movement of the sign. r
c
0
43.9 Credit in Promotional Materials and Signs. LESSEE shall include the
following in all promotional materials about LESSEE's relationship to the a
PREMISES, "`San Bernardino Soccer Complex' is operated in ¢
cooperation with the City of San Bernardino," L
0
4.3.10 Naming Rip-hts_ The current name of the PREMISES is the "San
Bernardino Soccer Complex." LESSEE shall, in all promotional >°-
advertising,signage, or other marketing materials, refer to the PREMISES
as the "San Bernardino Soccer Complex" unless the name is changed by a
m
the Mayor and Common Council of the CITY. If the name of the
PREMISES is changed by the CITY, the CITY agrees to reimburse cyn
LESSEE for the costs LESSEE incurs as a result of the name change,
including but not limited to costs to replace marketing materials and N
change signage, unless the name change is pan of a LESSEE naming m
T
rights transaction. s
E
X
w
5. OPTION TO EXTEND TERM. r
c
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO
E
SOCCER, LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page 7 o f 23 Q
40 Packet Pg.461
2015-229
- 1
c
0
M
CITY gives to LESSEE the option to extend the term of the LEASE on the same provisions and a
conditions, except for the percentage of GROSS REVENUE deposited into the FUND, for three `s
(3) five-year periods ("EXTENDED TERMS") following expiration of the INITIAL TERM, by R
L
LESSEE giving notice of its intention to exercise the option to CITY prior to the expiration of =
the preceding term or during any holding over pursuant to SECTION 7, HOLDING OVER. The ;°
percentage of GROSS REVENUE deposited into the FUND for each extended term shall be
adjusted by good faith negotiations of the PARTIES to account for anticipated capital
rr
improvement needs of the PREMISES, but shall not exceed eight percent (8%) of GROSS
REVENUE for the first extended term, nine and a half percent(9.5%)of GROSS REVENUE for 0
the second extended term, and eleven percent (11%) of GROSS REVENUE for the third
L
extended term. a.
a�
r
c�
6. RETURN OF PREMISES. in
rn
The LESSEE agrees that it will, upon termination of this AGREEMENT, return the PREMISES
in as good condition and repair as the PREMISES now are or shall hereafter be put, reasonable
wear and tear excepted. a
cc
7. HOLDING OVER.
_ In the event the LESSEE shall hold over and continue to occupy the PREMISES with the
consent of the CITY, whose consent shall only be given in writing and in the sole discretion of
CITY, the tenancy shall be deemed to be a tenancy from month-to-month upon the same terms
and conditions, including the percentage of GROSS REVENUE to be deposited into the FUND, a
as existed and prevailed at the time of the expiration of the term of this AGREEMENT,
c
�a
L
S. TAXES. c
CITY shall pay al] real property taxes, and general and special assessments levied and assessed
N
against the PREMISES.
o.
a�
9. USE. 4
U)
9.1 LESSEE shall have the exclusive right to use the PREMISES to provide and
operate, on a non-discriminatory basis soccer and related facilities including but N
not limited to the provision of sports fields for soccer, or other open field team 0°
sports, together with facilities necessary or desirable to provide such supportive
services of such sports uses on the PREMISES such as food and beverage W
(including alcoholic beverages)concession facilities, restrooms, parking facilities,
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNAP.DINO AND SAN BERNARDINO E
SOCCER, LLC FOR SAN BERNARDINO SOCCER COMPLEX
c�
Page 8 of 23 Q
41 Packet Pg. 462
• � r
2015-229
r r
0
and any other use proposed by LESSEE upon the prior written consent of the M
CITY, which may be given in CITY's sole discretion. In the event that, through Q
no fault of the LESSEE, it becomes impossible or impractical to use the Q
PREMISES for the operation of the Soccer Complex, CITY and LESSEE shall
negotiate in good faith for another lawful use of the PREMISES. Primary purpose 0
of the PREMISES will be the operation as a Soccer Complex for soccer or other o
open field sports uses, not to be less than ninety percent(90%) of the PREMISES �
L
rental schedule. All other uses, not to exceed In percent (10%) of the rental
schedule, will follow local, state, and federal law. All uses will not compromise
the integrity of the facility, its structures,or the playing surface of the fields.
9.2 LESSEE shall cut no timber, conduct no reining operations, remove no sand, a
gravel, or similar substances from the ground, commit no waste of any }rind, nor Q
in any manner substantially change the contour or condition of the PREMISES, f4
except as may be authorized under this AGREEMENT. LESSEE shall not
discharge nor allow or suffer the discharge of any substances which will
contaminate streams or other bodies of water or otherwise become a public
nuisance. LESSEE shall comply with such laws, regulations.. ordinances, L
conditions, or instructions in effect or prescribed by the federal, state, or local
government relating to the discharge of substances into streams or other bodies of N
water.
T
10. HEALTH,SAFETY,AND FIRE CODE REQUIREMENTS. o
�a
U
LESSEE shalt, at its sole expense, ensure that the PREMISES meets the applicable requirements a
of all Health, Safety, Fire and Building Codes, statutes,regulations and ordinances for public and 'Q
governmental buildings including any requirements for a notice of completion, certificate of
occupancy, California Title 24 requirements, and the applicable requirements of the Americans
with Disabilities Act("ADA")and related state laws.
0
11. SIGNS.
a.
LESSEE will display the PREMISES onty such sign or signs as are not prohibited by law. ;;
�a
,,Y^^
V!
12. N AINTENAN CE. v
rn
M
12.1 LESSEE shall, at its sole expense, perform such inspections, maintenance and m
repairs are necessary to ensure that all portions of the PREMISES, including but
not limited to the following,are at all times in good repair and safe condition: w
c
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO E
SOCCER,LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page 9 of 23 Q
42 Packet Pg.463
1
201.5-229
0
12.1.1 The structural parts of the buildings and other improvements that are a part
of the PREMISES, which structural parts include the foundations, bearing Q
and exterior walls(including glass and doors), subflooring,and roof; and, Q
_
12.1.2 The electrical, plumbing, and sewage systems, except for those portions of
the systems owned or controlled by CITY lying outside the PREMISES; g
r
and, m
U
d
12.13 Window frames, gutters, and downspouts on the building and other
improvements that are a part of the PREMISES; and, o
12.1.4 Heating, ventilation and air conditioning JiVAC) systems servicing the a
PREMISES including changing heating and air-conditioning filters every
four(4)months;and, cn
CM
12.1.5 The grounds, including all parking areas and outside lighting, grass, field
surfaces, turf, trees,shrubbery and other flora; and, ,
CL
12.1.6 LESSEE shall, at its sole expense, provide janitorial services, keep the
interior of the PREMISES in a clean and orderly condition, reasonable
N
wear and tear excluded, and undertake minor maintenance of the interior
PREMISES such as unstoppage of toilets and changing of light bulbs and r
serving of the fire extinguisher or any other fire suppression equipment o
attached to the facility.
.Q
Q.
12.2 LESSEE shall at regular intervals,but no less than monthly, conduct an inspection Q
of the PREMISES to determine U any maintenance or repair is necessary.
LESSEE shall communicate the necessity for maintenance or repair to the CITY
in writing in conformity with Section 24 on Notice. o
12.3 In the event that the FUND has an insufficient balance to cover the costs of Y
repairs, replacement, or maintenance of the following items, then the CITY, at its a.
sole expense, shall cause the following items to be repaired, replaced, or
maintained: building foundations, building structures, roofing„ parking lot cn
reconstruction(excluding resurfacing or striping),existing field lighting structures
(excluding light bulbs), electrical, plumbing (foundation and below), rod iron N
fencing(excluding painting),and sewage systems. 0a
13. ALTERATIONS. w
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO E
SOCCER,LLC FOR SAN BERNARDINO SOCCER COMPLEX �
Page 10 of 23 Q
43 Packet Pg.464
r 2015-229 f
_
0
Upon thirty (30) days' notice to the CITY and with the CITY's consent, LESSEE may add or
modify existing building structures on the PREMISES, at LESSE'S sole expense. Any and all Q
permit acquisition and installation of utility lines are the sole responsibility of the LESSEE. a
c�
/Ln
V
_
0
Y
M
d
L
t4. FIXTURES. a
rr
LESSEE shall have the right during the term(s) of this AGREEMENT to install shelving and o
fixtures,and make interior, non-structural improvements or alterations on the PREMISES. Such 5'
shelving, fixtures, improvements, and alterations shall remain property of the LESSEE and may a
be removed by the LESSEE during the term(s) of this AGREEMENT or within a reasonable o,
time thereafter, provided that the LESSEE restores the PREMISES to the condition as it existed f°
Cn
at the commencement of this AGREEMENT,reasonable wear and tear excluded, or the LESSEE
may elect, with CITY's written consent to be given at CITY's sole discretion, to surrender all or
any part of such shelving, fixture, improvements and alterations, to the CITY, in which case
LESSEE shall have no duty to restore the PREMISES. _
a`.
to
15. UTILITIES. N
LESSEE shall furnish to the PREMISES and at its sole expense pay all service charges and
related taxes for electric, gas, water, sewer, trash, fire alarm service, security, telephone, cable, o
w
intemet services and all other utilities. LESSEE may use the existing water well owned by the
CITY for irrigation and other on-site use of the PREMISES,, but LESSEE shat! be solely a
responsible for any fines, fees, charges, or other costs associated with its operation of the water Q
well, and LESSEE shall be solely responsible for ensuring compliance with any federal, stage,or
L
local laws or regulations regarding its operation of the water well.
16. HOLD HARMLESS.
_ N
Y
L
LESSEE agrees to and shall indemnify and hold the CITY, its elected officials, employees,
IL
agents, or representatives, free and harmless from all claims, actions, damages and liabilities of 0
an kind and nature arising from bodily injury, n
y g y j ry, including death, or property damage, based or �
asserted upon any actual or alleged act or omission of LESSEE, its employees, agents, or V
Cn
subcontractors, arising, relating to, or in any way connected with the performance under this co
AGREEMENT, unless the bodily injury or property damage was actually caused by the sole m
negligence or willful misconduct of the CITY, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, LESSEE agrees to protect and defend at its w
own expense, including attorney's fees, the CITY, its elected officials, employees, agents or
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO
SOCCER, LLC FOR SAN BERNARDINO SOCCER COMPLEX U
Page t t of 23 Q
44 Packet Pg.465
2015-229
c
0
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. LESSEE hereby waives any and all rights to any types of express or implied F
indemnity against the CITY, its elected officials, employees, agents or representatives, with
respect to third party claims against the LESSEE relating to or in any way connected with the
L
accomplishment of the work or performance of services by LESSEE under this AGREEMENT.
c
0
m
L
17. INSURANCE. d
17.1 CITY is a self-insured public entity for the purposes of professional liability, o
genemj liability, and workers' compensation. Y
L
0-
17.2 LESSEE shall obtain and maintain during the life of this AGREEMENT all of the ar
following insurance coverage:
.r
rn
17.2.1 Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket r
contractual liability, personal injury with a policy limit of not less than =
Two Million Dollars ($2,000,000.00), combined singles limits, per
occurrence and aggregate. c
N
r
17.2,2 Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00), o
combined single limits, per occurrence and aggregate,
0.
a
17.2.3 Worker's compensation insurance as required by the State of California, <
c
L
17.3 The comprehensive general liability insurance policy shall contain or be endorsed to
s
to contain the following provisions:
0
17.3.1 Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds a
with respect to this subject project and contract with City."
rn
17.3.2 Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the U
coverage reduced, until thirty (30) days after written notice is given to co
City." 00
X
w
c
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO E
SOCCER,L,LC FOR SAN BERNARDINO SOCCER COMPLEX
�a
Page 12 of 23 Q
45 Packet Pg.466
2015-229
_
0
17.3.3 Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy." e
L
17.4 LESSEE shall provide to CITY certificates of insurance showing the insurance
coverages and required endorsements described above, in a form and content 0
Y
approved by CITY,prior to performing any services under this AGREEMENT. m
v
CD
17.5 Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained within this AGREEMENT, or the extent to 0
which LESSEE may be held responsible for payments of damages to persons or
L
property. a.
d
18.
DESTRUCTION OF PREMISES.
18.1 During the term(s) of this AGREEMENT, if any ewualty, other than resulting
from LESSEE's use of the PREMISES, renders a portion of the PREMISES
unusable for the purpose intended, then LESSEE shall, with the use of the FUND L
in conformity with Section 4, restore the PREMISES and repair any damages
caused by such casualty as soon as reasonable possible and this AGREEMENT N
shall continue in full force and effect. If LESSEE does not commence the
restoration of the PREMISES in a substantial and meaningful way within thirty r
(30) days following the LESSEE's receipt of written notice of the casualty, or o
.2
should LESSEE fail to diligently pursue completion of the restoration of the u
PREMISES, or if the FUND and insurance proceeds are insufficient to restore the
a
PREMISES and LESSEE refused to make up the difference in restoration costs, `t
CITY may, at its option, terminate this AGREEMENT immediately upon written
notice to the LESSEE. Lf CITY elects to terminate this AGREEMENT pursuant to
this section, LESSEE shall be discharged from all future obligations under this
0
AGREEMENT.
Y
L
18.2 In the event there is a destruction of a portion of the PREMISES as set out in a
Subsection 18.1 above, there shall be an abatement or reduction of the percentage d
of GROSS REVENUES deposited in the FUND between the date of the
destruction and the date of completion of the restoration or the date of the N
termination of the AGREEMENT, whichever comes first. The abatement or °0
rn
reduction in the percentage of GROSS REVENUES deposited in the FUND shall to
r
be in proportion to the degree to which LESSEE's use of the PREMISES is
impaired. w
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO
SOCCER,LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page 13 of 23 Q
46 Packet Pg.467
5.O.a.
j t
2015-229
0
18.3 In the event the LESSEE is required to restore PREMISES as provided in v
Subsection 18.1 above, LESSEE shall also be required to restore any structure or a
exterior improvements or alterations made to the PREMISES by LESSEE Q
pursuant to Section 13, Alterations above but not any shelving, fixtures, or i
interior nonstructural improvements or alterations ]Wade by LESSEE pursuant to =
Section 14, Fixtures above,
°
18.4 If any casualty resulting from LESSEE's use of the PREMISES renders the
PREMISES unusable for the purposes intended, or for any other purpose, then
LESSEE shall, at LESSEE's sole expense, restore the PREMISES and repair any 0
damages caused by such casualty as soon as reasonably possible and this L
AGREEIv1ENT shall continue in full force and effect_ ti
°
m
18.5 It is the purpose and intent of Subsections 18.1 through 18.4, inclusive, to U)
determine what PARTY shall bear the initial responsibility for restoration of the ti
PREMISES in the event of any such destruction and not to determine the PARTY
ultimately responsible for the costs of such restoration.
a
19. CITY'S DEFAULT.
0
N
Except where another time limit is specifically provided, CITY shall be in default of this
AGREEMENT if CITY fails or refuses to perform any material provisions of this
AGREEMENT and such failure or refusal to perform is not cured within thirty (30) days °
following CITY's receipt of written notice of default from LESSEE. If the default cannot be
reasonably cured within thirty (30) days, CITY shall not be in default of this AGREEMENT if a
CITY commences to cure the default within the thirty (30)day period and diligently and in good
faith continues to cure the default.
20. TESSEE'S REMEDIES ON CITY'S DEFAULT. o
N
LESSEE, at any time after CITY is in default, can terminate tbis AGREEMENT immediately
upon written notice to CITY or can cure the default. if LESSEE at any time, by reason of CITY's o.
default, pays any sum or does any act that requires the payment of any stun, the sure paid by
_ LESSEE shall have the right to withhold from future deposits into the FUND the sum LESSEE U)
has paid until LESSEE is reimbursed in full for the sum. The remedies set forth in this section in
are in addition to and do not in any manner limit other remedies set forth in particular sections of co
this AGREE1bfENT or by law. m
21. LESSEE'S DEFAULT. w
°
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO
SOCCER,LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page 14 of 23 Q
47 Packet Pg. 468
J �}
A
ii
2015-229
� r i
® 2
The occurrence of any one or more of the following events shall constitute a default and breach
of this AGREEMENT by LESSEE: a
Q
21.1 The vacating for more than thirty (30) consecutive days or abandonment of the L
PREMISES by LESSEE.
c
0
21.2 The failure of LESSEE to perform any material provisions of this AGREEMENT v
to be performed by LESSEE, including deposit of GROSS REVENUE into the
FUND or failure to expend INITIAL LESSEE CONTRJBUTIONS by June 30,
2018,upon written notice by CITY to LESSEE_ o
21.3 It is not the purpose of this section to extend the notice requirements of the a
unlawful detainer statutes in California. ;
�a
U)
22. CITY'S REMEDIES ON LESSEE'S DEFAULT, M
ti
It is not the purpose of this section to extend the notice requirements of the unlawful detainer +,
statutes in California. The remedies contained herein are in addition to, and not in lieu of, any a
other remedies available to CITY under relevant state law.
0
N
22.1 In the event of any default by LESSEE, which is not cured by LESSEE, CITY
may, at its election, terminate this AGREEMENT by giving LESSEE thirty (30)
_ c
days' notice of termination. g
U
22.2 On termination of this AGREEMENT for default pursuant to this section, CITY a
shall have the right to recover from LESSEE all amounts for any and all damages, `z
which may be the direct or indirect result of such default, including, but not
limited to:
22.2.1 The worth, at the time of the award, of the unpaid percentage of GROSS >-
REVENUE to be deposited into the FUND that has been earned at the
time of the termination of the AGREEMENT; and, (L
d
ca
22.2.2 The worth, at the time of the award, of the amount by which the unpaid U)
percentage of GROSS REVENUE to be deposited into the FUND that N
would have been earned after the date of termination of this °°
AGREEMENT and I the end of the TERIM-and,
sz
X
w
c
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO E
SOCCER,LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page IS of 23 Q
48 Packet Pg.469
5.O.a
22.2.3 Any other amount necessary to compensate the CITY for all detriment -E 2
proximately caused by LESSEE's default which CITY proves could not M
U
have been reasonably avoided. CL
CL
22.2.4 "The worth, at the time of the award," as used in this section, is to be
L
computed by allowing interest at the discount rate of the Federal Reserve
c
Bank of San Francisco at the time of the award, plus one percent (1%) not 0
r
to exceed ten percent(10%).
U
Q
W
23. CITY'S ACCESS TO PREMISES,
0
CITY and its authorized representatives shall have the right to enter the PREMISES at all
reasonable times upon at least three days' advance notice to LESSEE for any of the following °-
d
w
conditions:
a)
23.1 To determine whether the PREMISES are iu good condition; and,
23.2 To do any necessary maintenance and to make any restoration to the PREMISES
d
that CITY has the right or obligation to perform; and,
0
23.3 To serve, post, or keep posted any notices required by law; and,
c
0
23.4 To show the PREMISES to prospective brokers, agents, buyers, tenants, lenders
or persons interested in an exchange during the last three (3) months of the final 2
option term or the last three (3) months of such earlier term if LESSEE notified Q
CITY that it does not intend to exercise any further options to extend the term;
L
and, O
s
0
23.5 For any other lawful purpose. >"
N
i
tC
CITY shall conduct its activities on the PREMISES as allowed in this section in a manner that a.
d
will reduce possible inconvenience, annoyance, or disturbance to LESSEE.
U
N
24. NOTICES. m
in
m
Any notices, documents, correspondence, or other communication concerning this
AGREEMENT or the services provided hereunder may be provided by personal delivery or U.S. w
Mail. If personally delivered the notice shall be deemed delivered at the time of the personal
delivery. If sent by U.S. Mail the notice shall be deemed delivered forty-eight (48) hours after E
deposit in the U.S. Mail as reflected by the official U.S, postmark.
LEASE AGREEMENT BETWEEN THE CJTY OR SAN BERNARDINO AND SAN BERNARDINO Q
SOCCER,LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page 16 of 23
Packet Pg.470
49
1 2035-229
r � '
2
U
TO THE CITY: TO THE LESSEE: Q
d
City of San Bemardino San,Bernardino Soccer,LLC
L
ATTN:City Manager ATTN. Daniel Garnba C.9
300 N."D" Street, 6` r
h Floor 280 S. E Street o
San Bernardino.CA 92418 San Bernardino, CA 92401
U
Either PARTY may change the address for delivery of notices by sending notice of the change to
the other PARTY in conformity with this Section. o
25. ASSIGNMENT.
0.
d
LESSEE shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or
any part of the LESSEE's interest in this AGREEMENT without CITY's prior written consent to
be given in CITY's sole discretion. Any attempted assignment, transfer, subletting or to
encumbrance shall be void and shall constitute a breach of this AGREEMENT and cause for the
w
termination of this AGREEMENT. Regardless of CITY's consent, no subletting or assignment °
shall release LESSEE of LESSEE's obligation to perform all other obligations to be performed to
by LESSEE hereunder for the term of this AGREEMENT. N
26. ENTIRE AGREEMENT.
c
2
r
This AGREEMENT constitutes the entire agreement and the understanding between the U
PARTIES,and supersedes any prior agreements and understandings relating to the subject matter a
of this AGREEMENT. Q
c
°
L
27. REMEDIES;WAIVER.
All remedies available to either PARTY for one oY more breaches by the other PARTY are and °
shall be deemed cumulative and may be exercised separately or concurrently without waiver of Y
any other remedies. The delay or failure of either PARTY to require performance or compliance a
of the other of any of its obligations under this AGREEMENT shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this AGREEMENT shall be effective unless made in writing and signed by a duly authorized v
W
representative of the PARTY against whom it is sought. The waiver of any right or remedy with co
respect to any occurrence or event shall not be deemed a waiver of such right or remedy with m
respect to any future occurrences or events and shall not be deemed a continuing waiver.
x
W
28. AMENDMENT.
c
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO w
E
SOCCER,LLC FOR SAN BERNARDINO SOCCER COMPLEX
R
Page 17 of 23 Q
50 Packet Pg.471
R
2
No amendment to this AGREEMENT will be effective unless it is in writing and signed by both
PARTIES. C.
rs
a
r
29. SUCCESSORS AND ASSIGNS.
/LR
V
This AGREEMENT shall be binding on and inure to the benefit of the PARTIES to this 2
AGREEMENT and their respective heirs,representatives, successors, and assigns. w
U
d
tY
30. SEVERABILITY.
0
r
If any provision of this AGREEMENT is determined by a court of competent jurisdiction to be a
invalid or unenforceable for any reason, such determination shall not affect the validity or a
a�
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the retraining provisions of this AGREEMENT shall remain in full
rn
force and effect.
31. TIME OF ESSENCE.
o.
Time is of the essence of each provision of this AGREEMENT which specifies a time within N
which performance is to occur. In the absence of any specific time for performance, performance IL
T
may be made within a reasonable time. c
0
U
32. QUIET ENJOYMENT. Q
a
Q
Subject to the provisions of this AGREEMENT and conditioned upon performance of all the
L
provisions to be, performed by LESSEE hereunder, CITY shall secure to LESSEE during the t�
AGREEMENT term the quiet and peaceful possession of the PREMISES and all rights and o
privileges appertaining thereto. >'
W
L
33. PROVISIONS ARE COVENANTS AND CONDITIONS.
d
r
o
All provisions, whether covenants or conditions, on the part of either PARTY shall be deemed
W
both covenants and conditions.
m
34. CONSENT.
X
W
Whenever consent or approval of either PARTY is required that PARTY shall not wireasonably
withhold, condition, or delay such consent or approval, unless the provision providing for such E
w
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO <(
SOCCER, LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page IS of 23
Packet Pg.472
51
2015-229
2
consent or approval specifically provides such consent or approval may be given in the
PARTY's discretion. a
a
35. EXHIBITS.
/L^
V
_
All exhibits referred to are attached to this AGREEMENT and incorporated by reference. °
ar
L
v
s
r
36. LAW, o
L
This AGREEMENT shall be governed and construed under the laws of the State of California a
without giving effect to that body of laws pertaining to conflict of laws, a;
U)
37. VENUE. 0)
rl-
The parties hereto agree that all actions or proceedings arising in connection with this
AGREEMENT shall be tried and litigated either in the Superior Court of the State of California a
for the County of San Bernardino or the United States District Court for the Central District of co
California, Riverside Division. The aforementioned choice of venue is intended by the parties to N
be mandatory and not permissive in nature.
T
38. ATTORNEY'S FEES AND COSTS.
2
In the event that litigation is brought by any PARTY in connection witb this AGREEMENT,the a
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his/her office in
enforcing this AGREEMENT on behalf of the CITY shall be considered as "attorneys' fees" for 0
the purposes of this section_
c`a
o.
41. RIGHT TO TERMINATE.
cc
cc
41.1 The WITIAL TERM of this AGREEMENT may be terminated by LESSEE on co
June 30, 2020 by written notice made in conformity with Section 24 no later than 0°
March 31, 2020 if GROSS REVENUE for the period of January 1, 2019 through m
w
December 31, 2019 does not equal or exceed ONE MILLION TWO HUNDRED
1=IFTYTHOUSAND DOLLARS ($1,250,000). W
r
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO E
SOCCER,LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page 19 of 23 Q
`a
52 Packet Pg.473
J 2015-229
c
2
r
42.2 The INITIAL TERM of this AGREEMENT may be terminated by CITY on June u
30, 2020 by written notice made in conformity with Section 24 no later than a
March 31, 2020 if LESSEE fails to hold during the period of January 1, 2019 Q
through December 31, 2019 at least twenty five (25) soccer competition events at
L
the PREMISES that occur on a Saturday or Sunday or both and for which a t7
_
majority of the available fields are utilized. 0
w
W
tz
42. HEADINGS. o
5
The subject headings of the sections of this AGREEMENT are included for the purposes of a
convenience only and shall not affect the construction or the interpretation of any of its w
provisions.
M
rn
43. SURVIVAL,
The obligations of the PARTIES that, by their nature, continue beyond the term of the L
AGREEMENT, will survive the termination of the AGREEMENT. °"
0
0
N
44, ESTOPPEL CERTIFICATE.
T
Each PARTY within thirty (30) days after notice from the other PARTY shall execute and o
deliver to the other PARTY, in recordable form, a certificate stating that this AGREEMENT is M
unmodified and in full force and effect, or in full force and effect as modified, and stating the
modifications, The certificate also shall state that there are no uncured defaults or specifying in Q
reasonable detail the nature of any uncured default claimed, Failure to deliver this certificate L
within thirty (30) days shall be conclusive upon the PARTY requesting the certificate eny
successor to the PARTY requesting the certificate, that this AGREEMENT is in full force and
effect and has not been modified except as may be represented by the PARTY requesting the
certificate, and that there are no uncured defaults on the pan of the PARTY requesting the
certificate. a
d
45. PUBLIC RECORDS DISCLOSURE.
All information received by CITY concerning this AGREEMENT, including the AGREEMENT ca
itself, may be treated as public information subject to disclosure under the provisions of the m
California Public Records Act, Government Code Section 6250 et seq. (the "Public Records
Act"). The PARTIES understand that although all materials received in connection with this w
w
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN AERNARDINO E
SOCCER,LLC FOR SAN RE NARDINO SOCCER COMPLEX
•
Page 20 of 23 Q
53 Packet Pg.474
2015-229
(4 2
AGREEMENT are intended for the exclusive use of the PARTIES, they are potentially subject
to disclosure under the provisions of the Public Records Act. Q-
a
Q
46. CONDITION OF PREMISES. c
c
The CITY shall take reasonable efforts to deliver the PREMISES to LESSEE clean and free of
debris on the COMMENCEMENT DATE but makes no warranty as to the condition of the
PREMISES on COMMENCEMENT DATE or the PREMISES' suitability for a particular use.
Notwithstanding the foregoing, CITY represents and warrants that it is not aware of any of the
following: (i) the existence of any hazardous or toxic substances on, under or about the 0
PREMISES, (ii) that the PREMISES is not in violation of any law, regulation or ordinance, or
L
(iii) any pending or threatened litigation related to the PREMISES. Except as specifically a
provided for in this AGREEMENT, LESSEE agrees that it has not relied upon any
representation by CITY as to the condition of the PREMISES or the PREMISES' suitability for a
particular use when determining whether to enter into this AGREEMENT. Q;
ti
47. CONDEMNATION. -,
a
If any legally, constituted authority condemns the PREMISES or such part thereof which shall cfl
make the PREMISES unsuitable for leasing, this AGREEMENT shall cease when the public °,
authority takes possession, Such termination shall be without prejudice to the rights of either
PARTY to recover compensation from the condemning authority for any loss or damage caused
by the condemnation including money spent on capital improvements to the PREMISES. Neither °
_ PARTY shall have any rights in or to any award made to the other by the condemning authority.
a
CL
48, MATERIAL REPRESENTATION. z
ca
L
If during the course of the administration of this AGREEMENT, a PARTY determines that the
other PARTY has made a material misstatement or misrepresentation or that materially o
inaccurate information has been provided to the PARTY, this AGREEMENT may be >-
immediately terminated. If this AGREEMENT is terminated according to this section, the
terminating PARTY is entitled to pursue any available legal remedies. a.
a�
ca
49. INTERPRETATIONS. rn
U
Cl)
The PARTIES have participated jointly in the negotiation and drafting of this AGREEMENT. In u00i
the event an ambiguity or question of intent or interpretation arises with respect to this 0°
AGREEMENT, this AGREEMENT shall be construed as if drafted jointly by the PARTIES and
_ in accordance with its fair meaning. There shall be no presumption or burden of proof favoring W
or disfavoring any Party by virtue of authorship of any of the provisions of this AGREEMENT.
a�
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO E
SOCCER,LLC FOR SAN BERNARDINO SOCCER COMPLEX
cis
Page 21 of 23 Q
54 Packet Pg.475
f 2015-229
_
O
!CS
V
50. COUNTERPARTS. a
Q
This AGREEMENT may be executed in counterparts, each of which shall be deemed to be an L
original, but all of which, taken together, shall constitute one and the same agreement_ In the O
_
event that any signature is delivered by facsimile transmission or by e-mail delivery of a ".pdf' o
Format data file, such signature shall create a valid and binding obligation of the PARTY
executing (or on whose behalf such signature is execute) with the same force and effect as if
such facsimile or".pdf'signature page were an original thereof.
0
51. CORPORATE AUTHORITY.
L
0.
Each person executing this AGREEMENT on behalf of the PARTIES hereto warrant that they
are duly authorized to execute this AGREEMENT on behalf of said PARTIES and that by doing
so,the PARTIES hereto are formally bound to the provisions of this AGREEMENT. Q;
52, ORDER OF PRECEDENCE.
_
In the event of any inconsistency or conflict in this AGREEMENT and any of the attached
Exhibits or Auachmen(s, the terms set forth in this AGREEMENT shall prevail. c
N
r
r
53. FORCE MAJEURE. r
_
a
A PARTY shall not be liable for any failure or delay in the performance of this AGREEMENT U
for the period that such failure or delay is due to causes beyond its reasonable control, including a
but not limited to acts of God, war, strikes or labor disputes, embargoes, governmental orders or Q
any other force majeure event.
O
54. COMPLIANCE WITH LAW. o
cn
LESSEE agrees to abide by all federal,state, and local laws,ordinances and regulations.
m
a
55. NON-DISCRJNfINATION. °'
U)
In the performance of this AGREEMENT, use of the PREMISES, and in the hiring and v
recruitment of employees, LESSEE shall not engage in, nor permit its officers, employees or
agents to engage in, discrimination in employment of persons because of their race, religion, m
color, national origin, ancestry, age, mental or physical disability, medical condition, marital
status,sexual gender or sexual orientation, or any other status protected by law, x
w
c
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO
SOCCER,ULC FOR SAN BERNARDINO SOCCER COMPLEX v
Page 22 of23 Q
55 Packet Pg.476
2015-229 }
0
56. REGULATORY AUTHORITY.
0.
CL
LESSEE acknowledges and agrees that CITY,acting not as landlord but in its governmental a
regulatory capacity, has certain governmental regulatory authority over the PREMISES and L
nothing in this AGREEMENT binds the CITY to exercise its discretionary governmental
c
authority in any particular mariner. LESSEE,in the use and operation of the PREMISES,shall at 0
all times comply with all applicable laws in the performance of this AGREEMENT and agrees
that"all applicable laws"as used herein includes any legal requirement imposed by CITY acting
not as landlord but in its capacity as a governmental regulatory body. LESSEE agrees that all
costs in complying with applicab)e laws are the sole responsibility of LESSEE. o
5
ac
L
LEASE AGREEMENT a
a�
CITY OF SAN 13ERNARDINO and SAN BERNARDINO SOCCER,LLC. Cn
a�
n
CITY OF SAN BERNARDINO: LESSEE:
Allen Park ,Ciry Manager
Its:
_
DATE; DATE: °-
f a
CL
_
L
APPROVED AS TO FORM:
r
GARY D. SAENZ,City Attorney
0
a.
By:
U
to
m
to
m
r
x
w
u
LEASE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SAN BERNARDINO
m
SOCCER, LLC FOR SAN BERNARDINO SOCCER COMPLEX
Page 23 of 23 Q
IJ 56 Packet Pg.477
c
2
R
v
sz
Q
R
c
0
d
9. Site Plan
0
(L
m
a)
r�.
_
a
r
O
N
r
C
O
R
U
Q
Q
_
tC
i
(7
s
3
O
N
i
4.
d
N
V
N
m
.LI
SAN BERNARDINO SOCCER COMPLEX PROJECT w
CITY OF SAN BERNARDINO
Grant Application E
California Youth Soccer and Recreation Development Program
San Berner ina a
November 1, 2016
Packet Pg.478
57
5.O.a
California Youth Soccer and Recreation Development Program
San Bernardino Soccer Complex (SBSC) o
r
U
SITE PLAN CL
Two Futsal Courts, Seating and Lighting
'LR
V
O
L
U
• i r r r # r * # #
O
L
d
�F+
U)
a.
Field Lighting
N
r
• r
r
O
t4
U
O.
a
ca
O
U)
a.
as
U
U)
,m
4e_ ivy,{
W
.Q
K
W
r ' • • .0
r
r a
r
Packet Pg. 479
SB
Feet Legend r 5.0.a
0 50 100 200 w ►:
Park Name Park Parcel
`i
A
i
l�
a
_
0
L
t
r
O
� Y
L
* a
N
I;IIIIi ..
IR
q v
.Y+
IL
co
' o
T
T
T
_
0
U
.Q
d
ca
''Lnn
V
r
L
i • �
fi o.
a�
c.7
r�
CO
Cn
m
.. � , � � A w
_
a�
Author: R. Parish, Printed:9/19/2013, Path: E:1_MXOs\Parks&Rec\individual Perks\City Park-wAerial-8x11.mxd E
u
w
7 d
P •
®. Packet Pg. 480
59
5A.a'
VICINITY MAP o
w
City Of San Bernardino Q
a
San Bernardino Soccer Complex Project =
,Ln
V
_
'1 M..
L
V
Ix,;o Fell _ IHOP
Y
L
(L
L�+
m taarx I leipts ApF*Lments
IVYr
0
' N
r
< 112 r
San Bernardino = `-
Soccer Complex 0
0 V
>
Q
t c? ra GENE
WeSlPff1 Ave �
r
0
(n
PREFERRED IFMA11RdC G
ON SITE ENTR Y L ca
O.
to
U)
U
a
CD -, Co
Cn
Byron St m
n -
<
4
fz7 ' K
C7
2 `< F W
RI 0 +;
Gi
E
t
V
w
Q
Packet Pg.481
GO
City Of San Bernardino
.2
San Bernardino Soccer Complex Project
Futsal Courts Concept CL
M�25-M��Alm- �n T M ,Maxim 42M (D
...........................- ............... r-
T—h L 0
23—
0
>-
0.
ID
C0
7m nagM a)
CL
PzAy SPKA
Zt±'tiS
.2
Proposed Futsal Court Layout .2
0
(n
ff
Cn
X
UJ
E
fC
Futsal Court Concept
Packet Pg. 482
61
5.O.a
c
City Of San Bernardino
v
San Bernardino Soccer Complex Project
Field No. 1 Concept Design for 40' Seating
ca
c
0
a�
L
v
oz�!w0
EL
M
a)
.......... A cO
C
�L
C.
r
N
r
C
a
r
�a
Its
0.
Features: a
L
• 3525 tg
• 2192 L x 4,438 W x 2895 H mm �
• C " in dye PAJ00birs n'-.Jos 0
tt'"... :.4 fit„—tf'a[J.^"yT. y
L
t0
{ y�
IL
•i ♦A
Y Y �
r s
co
« MM
0y W
f x
LLJ
Y
¢
Packet Pg.483
61
5.O.a
City Of San Bernardino _
• C
San Bernardino Soccer Complex Project
Field No. 1 Concept Design for 40' Seating
c�
Q
L
U)
7t,
ki J�
.L
a.
r
ti
_®
CL
CL
Q
T
/L
V
d�
V
L
a.
v/
U
N
m
Cd
72
t
X
w
c
E
s
v
Q
Packet Pg. 484
63
5.O.a
City Of San Bernardino
0
San Bernardino Soccer Complex Project
U
Field No. 1 Concept Design for 20' Covered Seating a
9Ln
V
�Q
Features: v
• 20ft t yr" V
O
• 2257 kg ..
O
!x 2438 W x 2896 H crM ?-
+
Contwvrs rmmtw in any RAJ L
C",crsr Jc pit y tttr ca
IL
cep u�ir �
ti
c0
c
"All _
N
P
1
P
O
M
V
C�pL
a+
V
d.+
cc
CL
coQ�
V
m
K
LIJ
C
N
' V
w
a
Packet Pg. 485
64
.�rrr�rrr
5.O.a
0
c�
v
Q
c
sa
,L^
V
0
.V
0
L
U
41
10. Photos of Project Site 0
0
Y
L
a
ti
a..
c
a.
cc
T
0
N
T
r
T
0
0
U
a
ca
0
CA
Y
L
N
0.
d
fY6
a+
U)
U
m
Cn
m
SAN BERNARDINO SOCCER COMPLEX PROJECT w
CITY OF SAN BERNARDINO
Grant Application E
California Youth Soccer and Recreation Development Program
cc
S�0�QPAar Ifl0 Q
November 1, 2016
Packet Pg.486
65
5.O.a
10. San Bernardino Soccer Complex Project: Photos of the Project Site
r � c
p
4
• Q
P r
q L
x Ilk a
F � -
. r
' o
r'R r
O
r �
V
Q
L
e;. r^
S
w
}
3; San Bernardino Y
Youth participating
r
in Community Cn
U
N
co
Outreach at SBSC. (n
m
They are discussing s
X
and showing support w
for Futsal Courts, E
More Field Lighting
a
and New Seating at
SBS Packet Pg. 487]
86
5.O.a
e Q
m
_
k �
0
CD
g �
d
V
0
Y
i
CU
Q.
CSl
to
a
San Bernardino Soccer Complex o
Easterly View
Area where Futsal Courts will be located
0
Cn
Y
V
1 a
i
,
h �i�4 r
3
w x,
CO
4 ,^
W
x
W
c
°
E
San Bernardino Soccer Complex a
North Easterly View
Girls Youth Team plays in Area where New Field Lighting will be locat
Packet Pg. 488
67
5.O.a
0
U
Q
C
C
O
ccs
O
U
z �
y _ >-
a.+
W
W
IL
San Bernardino Soccer Complex
Southerly View
Area where New Seating will be located
0
tt Q
n.
c
s
l I'4'p I O
RS
a
a�
- can
U
m
m
x
w
c
d
E
v
Q
San Bernardino Soccer Complex
Parking Lot is close to where New Seating will be located packet Pg. 489
ss
rrrrrrr�r
5.O.a
_ U
CL
Q
Q
C
ro
a
RS
d
r-�
ro
e.+
ti
tG
a
' a.d
O
N
r
Parents showing support for SBSC Futsal Courts, Field Lighting and New Seating
r
0
ro
U
.Q
Q
Q
C
ro
,
»
fs'
. �;, a �•,. 3 �,�; ro
a
*
a �
,
r
W
R a
n
Q7
E
U
.1�
Q
Families participating in San Bernardino Youth Soccer Academy
San Bernardino Soccer Complex Packet Pg. 490
69
S.O.a
c
0
r
v
Q.
a
4
c
ca
,Ln
V
0
-C
L
NN�
Ll�
Project Summary
0
Y
L
R
a
v
o�
r.
c
�L
CL
(0
Q o
N
r
P
0
i�
'Q
Q
Q
fLn
V
0
Y
L
f0
d.
r
a+
U
GO
m
Z
SAN BERNARDINO SOCCER COMPLEX PROJECT w
CITY OF SAN BERNARDINO w
Grant Application
California Youth Soccer and Recreation Development Program
San Bernar lno a
November 1, 2016
Packet Pg. 491
70
r J
11. Project Summary
_
City of San Bernardino °
San Bernardino Soccer Complex Project:
Q.
Two Futsal Courts, Field Lighting, and Seating a
_
a
The City of San Bernardino (population 213,000) is now in the process of implementing a
0
Recovery Plan as part of its Bankruptcy filed in 2012_ Since October 2015, as part of the
v
Recovery Plan, the City has reopened and leased its 47-acre San Bernardino Soccer Complex W
(SBSC) to San Bernardino Soccer LLC (SBSLLC)_ SBSLLC is part of the Elmore Sports Group 0
Y
L
(See Project Criterion 5, Organizational Capacity). a
°
w
In working together, the City and SBSLLC identified capital improvements that will greatly Cn
increase the amount of play at SBSC. The improvements being requested for SBSC are:
• Two Outdoor Futsal Courts (There are no Futsal Courts in the City of San Bernardino)
• Lighting for Four Fields (SBSC currently has 17 courts with four lighted fields—this project N
will add four more lighted fields for a total of eight.) r
_
0
w
• Grandstand Spectator and Player Seating to create a Championship Level Field M
Q
The project will increase play opportunity by adding futsal court space at SBSC. The new a
r
C
R
Field Lighting will also increase the number of hours the soccer fields are available in the
evenings for open play and league use. °
N
Y
The futsal courts and seating will improve water conservation by reducing water use through a
the removal of grass areas and replacement with hard court surfaces and seating.
U
SBSC is in a severely disadvantaged, densely populated neighborhood with over 60% of the
U)
residents Hispanic and 32% Black/African American. There is 35% of the population living below m
.i=
the poverty line. Crime is also significant in San Bernardino; however, crime within the area w
a.:
_
surrounding SBSC is down 32% since the City reopened the facility in 2015 under SBSLLC E
0
management. The proposed improvements will further help reduce youth crime and stabilize the a
area by adding play opportunities for youth and more evening play at SBSC.
Packet Pg.492
71
rr�rrrr
A
o
M
U
Q
CL
Q
C
,LR
V
O
.V
L
U
NNW
I.I.
12. Fact Finder Report 0
0
ILO
Y
L
�L
a
0
N
r
r
r
C
O
r
M
U_
Q
Q
Q
r..
C
R
'Ln
V
.L
Y
L
fSf
a
a�
R
U
m
N
m
4
SAN BERNARDINO SOCCER COMPLEX PROJECT w
CITY OF SAN BERNARDINO
Grant Application =
California Youth Soccer and Recreation Development Program
3i1 BE�i IN a
November 1, 2016
Packet Pg. 493
72
5.O.a
Community Fact Finder
Youth • g
San Bernardino Soccer Complex Q
Median Household Income $ 29,926 Project ID 583
L
Population (total) 4,926 Coordinates 34.1287, -217.2347 e
0
Labor Force Population 1,681 Date 08/31/2016
2 cc
U
Unemployed Population 309 City San Bernardino Q
Unemployment Rate 18.4 % County San Bernardino
Y
L
S(S
®.
r.+
t�
Y
M
T
N
Al
T
i � T
sjq e Y
Q
Q
C
f�
i
0
O
rn
Y
i
0.
N
OASWN LAW ST W
a+
U
to
_ m
m
W
:.7
C
N
E
Youth Soccer Community FaGFinder Youth Soccer Community FaCtFinder
is a service of the California Department of Parks and Recreation Crealed by Greenlnfo Network in consultation Greeninfo Q
f,.xer+ra. • arks.ca. ov with the CA Dept. of Parks and Recreation Network
wwd.
p g www,greeninfo.org
Packet Pg.494
73
5.O.a
g
o
_v
Q
CL
Q
c
O
/LR
V
O
L
U
N
13. Project Selection Criteria 0
0
Y(L
to
L
�L
a
0
N
r
G
O
M
U_
Q
Q
C
R
L
O
}
W
Y
L
a
d
�a
L)
m
m
si
SAN BERNARDINO SOCCER COMPLEX PROJECT x
CITY OF SAN BERNARDINO
Grant Application
California Youth Soccer and Recreation Development Program
San Bernar no a
November 1, 2016
Packet Pg. 495
74
,
�M e
13. Project Selection Criteria (8 Page Maximum)
City of San Bernardino 0
San Bernardino Soccer Complex Project: .2
Two Futsal Courts, Field Lighting, and Seating 2
a
Criterion 1: Demographics (40 Points)
L
FACT FINDER ID Number = No. 583
0
A. Total Population - 4,926
B. Median Household Income = $29,926
C. Unemployment Rate = 18.4%
0
Criterion 2: Community Challenges and Project Benefits (20 points)
A. Describe the challenges not illustrated in the FACT FINDER report that are contributing
to the need for youth soccer recreation opportunities. o
The City of San Bernardino (population 213,000) is now in the process of implementing a
a
Recovery Plan as part of its Bankruptcy filed in 2012. Since October 2015, as part of the
L
a
Recovery Plan, the City has reopened and leased its 47-acre San Bernardino Soccer Complex
0
cv
(SBSC) to San Bernardino Soccer LLC (SBSLLC)_ SBSLLC is part of the Elmore Sports Group
P
(See Criterion 5). In working together, the City and SBSLLC identified capital improvements that
will greatly increase the amount of play at SBSC. This increase includes more neighborhood Q
Q
use, as well as local and regional soccer play. The SBSC improvements being requested are.
c�
s
• Two Outdoor Futsal Courts 1=
0
• Lighting for Four Fields (SBSC currently has 17 courts with four lighted fields)
• Grandstand Spectator and Player Seating to create a Championship Level Field a
SBSC is in a severely disadvantaged, densely populated neighborhood. Over 60% of the
U
N
neighborhood is Hispanic, 32% Black/African American, with 35% of the population living co
CD
below the poverty line. The average family size is four, and 58% of the households have
X
children under 18 at home. The community is young with a median age of 24 years-old. The w
d
neighborhood is mostly rentals with 68% of the homes rented and 32% owner-occupied—of E
all the homes, 14% are vacant. San Bernardino has been suffering economically and is a
working to reverse this terrible situation. This project will help improve and stabilize the area_
Packet Pg.496
75
B. Describe any youth crime issues present.
In May 2016, San Bernardino ranked as the most dangerous City in California, and in
0
M
September 2016, the LA Times reported the City is on track for its deadliest year since 1995. a
SBSC has offered some rare good news for the City, as crime within area surrounding the park c
M
L
has plummeted by 32% since it reopened under SBSLLC management. From October 2015 to 0
October 2016, there were 145 crimes in a half-mile radius of SBSC, while there were 211 crimes
d
in the same period in 2014-15 (See Attachment A). However, there is still crime in the area—the
0
SBSC facility has to be vigilant as there is ongoing criminal activity in the area. Improving SBSC Y
a.
will further help reduce youth crime in the area, as futsal courts, more lighting and seating will
W
bring more families to SBSC and allow for more play in the evening and weekends.
C. Describe any deficiencies in similar recreational facilities. Provide details of deficiencie
a.
L
There are no outdoor futsal courts in San Bemardino. The nearest opportunity is a futsal
0
N
court at John Galvin Park in Ontario, which is 30 miles away. Indoor soccer is available on a
limited basis in the City: it is currently played when the basketball courts are not being used at o
2
the Norton Gym, which is in an industrial part of San Bernardino_ There are also indoor socce) Q
facilities in Riverside, Temecula, and Upland, however, these are all 35 to 60 miles away.
c�
D. Describe any current recreation opportunities that may be lost or affected if this
PROJECT is not implemented.
Y
L
The City of San Bernardino does not have funding to install the improvements for this project. a
W
w
The City and SBSLLC have provided funding to help SBSC, with SBSLLC doubling the City's ,
U
investment as part its agreement. SBSLLC is working diligently to bring the facility up from what N
M
was very poor condition. The City is working cooperatively with SBSLLC, and is hopeful grant
x
funds will be awarded for the project in order to add futsal, more field lighting and seating at w
0
SBSC. Without this grant funding, youth in San Bernardino lose the opportunity to play outdoor E
futsal and join potential league play for this sport; spectator and player seating will not be a
possible; and evening play at SBSC will remain limited to the four fields that now have lighting.
Packet Pg.497
'� 76
5.O.a
Criterion 3: Community involvement (10 points)
1. Describe how the APPLICANT conducted outreach to interested parties. Include
0
information on when the outreach occurred, the variety of outreach methods
used, and what stakeholders were solicited. Q
a
Q
As part of the City of San Bernardino's lease agreement with San Bernardino Soccer LLC
L
(SBSLLC - Elmore Group), improvements at SBSC have been discussed at Parks and o
r
Recreation Commission meetings and with City Council. SBSLLC indicated early in the process 12
with the City that it is fully committed to bringing futsal programming to SBSC, which will add
0
another type of soccer play at SBSC. This will increase open play opportunity for local youth, L
n.
and provide a unique opportunity for SBSLLC to establish the first futsal youth academy in San
Bernardino. The need for more field lighting and seating was part of ongoing discussions as well
The City and SBSLLC also reached out to San Gorgonio High School, Emmerton Elementary,
and Rodriguez Prep Academy, which are across from SBSC. SBSLLC has been able to expand a
0
shared parking opportunities the City had in place for SBSC, and in meeting with the schools
found that there is a need to share field space as well. SBSLLC now provides the schools fields o
for soccer practice, as well as for open play to serve the needs of the students after school- .2
.Q
a
In addition, on Saturday, October 29, 2016, a special community outreach was held at SBSC
L
from 9 am to 2 pm. This outreach was to get feedback by meeting one-on-one with those using
_
the park and provide opportunity to discuss the proposed futsal courts, field lighting and seating }
N
L
project. SBSLLC set up an outreach booth near the park's concession stand and restrooms so a
everyone visiting the park could conveniently take a few moments to learn about the project. v,
U
SBSLLC staff and the grant writer coordinated the outreach. The booth had exhibits and N
M
informational handouts. There were several high school students available to help answer
X
questions at the booth, and who walked around the park with information engaging families that w
d
were enjoying the park. The outreach was done by asking participants their thoughts about the E
proposed project—futsal courts, more lighting, and seating—as well as any other ideas or items a
they thought were needed at SBSC. The reaction was positive to all of the project components.
Packet Pg.498
77
5.O.a
The futsal courts were overwhelmingly popular, with many kids wanting the courts available
as soon as possible—many kids knew what futsal was and enthusiastically told their families and o
M
the outreach team how important futsal was to them. Many parents were aware of the sport and a
CL
Q
thought it was a great idea to add futsal courts to SBSC, citing the potential opportunity for futsal =
L
league play for their kids as a plus, as well as having another type of soccer play for youth in the o
neighborhood and city-wide.
More lighting and seating were also high priorities for those participating in the outreach.
0
As youngsters discussed the proposed concept drawings for grandstand and player type
a.
seating amongst themselves, they pointed to where they would sit as players, and where their
w
families would sit, and talked about how much they liked the idea of covered seating for N
ti
players. Everyone taking part thought more field lighting was very important, with many stating
c
that more lighting would provide for more evening practice, games, and open play. Many `a
P
adults said the project would also provide opportunity for them to play in the evening. N
P
P
Participants were asked their ideas about the project and for the park in general, and if they o
wanted to support the proposed futsal, lighting and seating improvements. 132 participants
.Q
Q.
signed in support of the project (See Attachment B). a
L
Families were very interested in hearing about the improvements. The outreach effort
r
0
made clear that everyone--kids and adults--could participate by reviewing the information, }
Y
L
discussing the proposed improvements, and providing feedback. This created excitement, as a
w
several youth said they had never been asked their opinion or to give comments about a park v,
U
Cn
before. Several kids were so motivated, especially about signing in favor of the futsal courts, M
m
that they went to get their friends to come over to learn about the project—these kids followed
X
the example of the high school students assisting with the outreach, and showed their friends W
Q)
the exhibits and handouts, explaining the project in their own words. They even showed where E
w
to sign to show support of the improvements. The outreach was successful with many people a
giving positive feedback that they liked the effort that was made for them to participate.
Packet Pg.499
78
There was an overall enthusiasm for the City of San Bernardino to be awarded grant
funding for each element of the proposed SBSC improvement project. As one parent so aptly o
M
wrote in the comments, "Necesitamos nuestro future La Ninez—it is needed for the Children." .2
sz
2. Describe what was learned as a result of this outreach.
L
It was learned that futsal courts, more lighting, and seating are very much in demand and o
needed at SBSC. Futsal Courts were seen as compatible with the existing facilities at SBSC.
The proposed location for the futsal courts, close to the SBSC front entrance, was also well
0
received with comments made that they liked the easy access from the parking area to the futsal Y
L
a.
courts. Participants also wanted more field lighting, and gave feedback that they felt the park ;
would have more use with it. Seating was also seen as a high priority. Many liked the location
ti
for the seating, and gave feedback that it was needed, and that it would inspire the kids to get to
play on championship type field with grandstand seating for spectators and special team seating.
0
® 3. Describe how the PROJECT was influenced by this outreach. N
This outreach effort confirmed futsal courts are highly desired and needed in San Bernardinc o
It also confirmed that futsal, more field lighting and seating are important to provide more play U
.Q
a
opportunity at the park. The outreach influenced the project, as it is very helpful to the City and
SBSLLC to know they have community support and are going in the right direction for the park.
0
Criterion 4: Availability (10 points)
CL
San Bernardino Soccer Project: Futsal Court Project:
Open Play Weekdays (M-F) 9:00 am to 3:00pm N
(Genera) Public)
Saturday/Sunday 9:00 am to 3:00 pm vi
October on request basis, if field is available co
Mar
Soccer Leagues and Weekdays (M-F) 3:00 pm - 11:00 pm m
Club Practice Use
Saturday/Sunday Dawn to Dusk
X
Open Play Weekdays (M-F) 9:00 am to 5:00 pm w
April- (General Public) c
September Saturday/Sunday 9:00 am to 5:00 pm E
on request basis, if field is available
Soccer Leagues and Weekdays (M-F) 3:00 pm - 11:00 pm
Club Practice Use ¢
Saturday/Sunday Dawn to Dusk
Packet Pg. 500
79
,MY .
Criterion 5: Organizational Capacity (10 points) (See Attachment C)
SBSC was built in 1996 on land that the City of San Bernardino acquired from the State for o
2
parks in the 1970's. Initially, San Bernardino utilized partnerships to run the facility. That a
Q.
a
changed in 2003, when the City managed the complex itself all the way through October 2015.
L
However, as part of recommendations covered in the Bankruptcy Recovery Plan (See Section 8 0
of this Grant Application), in October 2015, the City signed a 10-year Lease Agreement,
U
o!
including extension opportunities, for all aspects of SBSC management with San Bernardino y
0
Soccer LLC (SBSLLC), which is part of the Southern California-based, and nationally known Y
L
n.
Elmore Sports Group.
M
The Elmore Group currently manages the 66ers San Manuel Ball Park Stadium in the City of
ti
San Bernardino, and specializes in sports and facilities management across the United States.
_
The Elmore Group has been a strong booster of the City and answered its Request for a`
0
Qualifications to take over all aspects of SBSC. N
r
The Elmore Group has been in the sports and facility management industry for numerous o
decades and has a proven track-record. Over the last 30 years, the Elmore Group has owned 2
.Q
Q
and operated professional baseball teams--Inland Empire 66ers, Colorado Springs Sky Sox, San
R
L
Antonio Missions, Idaho Falls Chukars, Eugene Emeralds, and other minor league baseball
_
teams— i
1. Mr, Jim Tickemyer, Acting Parks, Recreation and Community Services
Director will oversee the SBSC project. Jim has been with the City of San Bernardino 0
0
M
since 2013, and was the Park Maintenance Manager prior to his appointment as Acting .Q
CL
Q
Director of the Department. Before working at San Bernardino, he owned his own
construction business specializing in structural steel projects. He has been involved for o
R
years in community sports, including serving as the Chair of the Beaumont Cherry Valley P
Recreation and Park District_ Jim is experienced managing complex capital improvements
a
and grant funded park projects. The City of San Bernardino recently built a CDBG-funded Y
a
modular community center at Anne Shirrells Park under his direction, and he was
w
instrumental in successfully completing three splash pads at Anne Shirrells and Tom
I-
to
Minor Parks funded through State Park grants.
w
2. Mr. Daniel Gamba, Managing Partner, San Bernardino Soccer LLC (SBSLLC- a`
0
Elmore Group). Daniel's role is to oversee and manage all aspects of the San N
Bernardino Soccer Complex (SBSC). Daniel has a BS in International Business o
w
M
Management, and a Master's Degree in Sports Organization Management. He has an U
.a
CL
extensive soccer background, including working closely with FIFA, CONCACAF, the a
National Olympic Committee, and other international soccer confederations. Daniel will
manage the design and construction of the San Bernardino Soccer Complex Project.
Daniel is experienced in team building and developing cooperative relationships, and he a
has strong budgeting and scheduling skills, in addition to bringing vast knowledge of v,
soccer field design and operations to the project_ Cn
m
3. Mr. Emil Marzullo, Elmore Group, will provide project support to SBSLLC. Emil
X
has a BA in Geography and Environmental Studies UC Riverside, and holds an MS from
d
Cal State Fullerton. He has over 30 years of experience in local government =
v
R
administration, including as the former San Bernardino Economic Development Agency Q
Director, Director of Special Districts for the County of San Bernardino, and the Deputy
Packet Pg. 502
81
5.O.a
Director of Economic and Community Development for the County, which included CDBG
and other federal and state grant management. Emil has had direct oversight of large-
2
r
M
scale public agency operational budgets, as well as over $1 billion in public capital a
C.
a
improvements. He is experienced keeping projects within budget and on schedule.
,L^
V
4. Ms. Martha van Rooijen, MVR Consulting, will assist with grant reporting and o
r
�o
reimbursement requests. Martha has a BS in Economics from UC Riverside with post-
d
o:
graduate work at Cal State Fullerton. She has over 12 years of local government planning
0
and project management for agencies within Southern California. She has written over Y
L
ca
a.
$100 million in awarded grants, and has successfully managed millions of dollars of
Cn
federal and state grant funds for local cities, which have including State Parks grants.
ti
�o
Criterion 6: Water Conservation (5 points)
A. Describe water-use reduction requirements in jurisdiction where PROJECT is located, o
0
The San Bernardino Municipal Water Department (SBMWD) instituted a 28% water use
T
reduction, which was met this past summer; however, water usage started to increase in the o
U
fall. In order to ensure water conservation measures are maintained, SBMWD reinstituted Q
a
a
the 28% reduction goal, which is in place until they provide further notification.
L
c�
B. Explain how the planned WATER CONSERVATION measures enable the PROJECT to use
even less water than required. }
L
The project will reduce water use by replacing grass areas with two futsal courts and seating. a
d
This will enable the project to use even less water than normally required and will help SBSC
U
N
meet the 28% reduction goal set by SBMWD. co
m
Criterion 7: Matching Funds (5 Points) x
w
Please see Match Certification Form in Section 5 of this grant application. San Bernardino
a)
E
Soccer LLC (SBSLLC-Elmore Group) is providing the non-construction costs as a match for U
r
this project as part of the SBSLLC Lease Agreement with the City of San Bernardino. a
Packet Pg. 503
82
S.O.a
U
CL
Q
Y
C
ro
,Ln
V
O
Y
d
L
V
Attachments 0
0
L
a
Y
ro
Y
Y
5 �L
a.
ca
T
0
N
T
T
Q
ro
Q
Q
Y
ro
rL
V
Y
N
L
ro
Q�
Y
ro
Y
U
00
N
CO
Y
SAN BERNARDINO SOCCER COMPLEX PROJECT w
CITY OF SAN BERNARDINO
Grant Application E
California Youth Soccer and Recreation Development Program
qftmar 11i
N ovember 1, 2016
Packet Pg. 504
81
5.O.a
ATTACHMENT A
LA Weekly
Here's the Most Dangerous City in Califomia
TUESDAY, MAY 17, 2016 AT 2.07 P.M.
BY DENNIS ROMERO
CL
CL
c
0
d
p
25 13tl568b
FO 8 13
a
r
ti
)File photo fir-(bris }crew{rh/F1jck'r c�
When asked to name the most dangerous place f'or crime in California, Compton, L.A.'s Eastside L
or the East Bay might come to mind. a
0
N
You'd be wrong.
r
T
The most dangerous city in the Golden State when it comes to crime, police presence and other o
"community factors" such as poverty, the high school graduation rate and comparatively low
police budgets, is in the Inland Empire. 0-
CL
4
It's San Bernardino.
/L^
V
That, at least, is according to the Southern California law film of Graham Donath, which
commissioned a report that crunches the numbers and gives a list of California's most dangerous 0
cities.
L
San Bernardino, a Great Recession--embattled town that's in bankruptcy, doesn't have the highest °-
crime rate. Oakland and Stockton are worse when it comes to serious, violent crimes (murder,
rape, robbery and assault), the analysis found. Cn
U
co
ca
But when all the factors were calculated, including unemployment, police per capita and even the W
number of days in a year when the high temperature was higher than 80 degrees, San Bernardino is 0°
your winner, the Donath report says.
x
w
All across this great state there's a lot to be desired when it comes to fixing lawlessness, however.
The analysis notes that all of its top-l0 cities had a poverty rate of nearly 15 percent (14.5) or E
greater. That includes Los Angeles, where about one in five people (21.2 percent) lives in poverty,
according to the report.
d
San Bernardino's poverty rate is pegged at a whopping 30.6 percent.
Packet Pg. 505
84
5A.a
® Final Crime Rank (1 Is Police Rank (1 is Community Rank (1 is o
City Most Crime) - Least Investment) Highest Risk Factors) 2
U_
San Bernardino 2 9 9
Q
2 Stockton 3 40 2
Modesto 8 10 7
c
O
4 Vallejo 4 8 32
L
Salinas 10 3 11 w
W
6 Oakland 1 53 26
7 Antioch 6 4 34 >°-
8 Pomona 11 22 5
Uctorville 14 1 16
Inglewood 9 54 12
rn
ti
(Wobain Dollmh
c
0.
c�
c
ev
P
1
l�
f�
.r 2
Q
C.
Q
Y
V
i+
0
L
Q�
Y
V
U
00
m
K
W
C
d
E
t
V
w
Q
Packet Pg. 506
85
"s 0M
O
w.
M
U
.Q
Q
a.+
San Bernardino Is On Tracy For Its Deadliest
Year Since 1995 °
L
V
by Juliet Bennett Rylah in News on Sep 9, 2016 10.40 am
0
:as .x
L
� � ra
o.
as
t•
cc
c
(L
N
n, r
r
r
C
O
il 9Fl U
r s N
CL
t ¢
ia
0
N
cc
tl
= a�
(Photo by David McNewlGetty Images) L)
V)
M
San Bernardino has been plagued with an uicreased amount of violence since it was the site of hon-ific terrorist 0°
r
attack in December of 2015. And ifthe violence keeps up, San Bernardino may have the most minders in one
year since 1995. W
C
Accordim to the L.A. Threes, there have been 150 shootings and 47 murders in 2016, and the year isn'f over E
yet. 0 f those,just over a third have been solved, and those numbers do not include three people who were
fatally shot by police. By comparison, 2015 saw 44 total murders, 14 of which occurred on December 2. 2015
when husband-and-wife team Syed Rizwan Farook and Tashfeen MaW murdered 14 people and 'injured 24
others at the Inland Regional Center.
httpJA aist.corrMI6J09)09/san_bernardino Holetica.p'ip 86 Packet Pg. 507
EE]
year since 1995 dw in w ue i
San Bernardino, which has a population of 216,000, has not had such a y g
there were 67 total murders. If the violent streaks continues as it has been, San Bernardino may end up with
about 31 murders per 100,000 people. Comparatively, in 2015, Los Angeles had 7 murders per 100,000
residents while Chicago had 18. o
r
U
The blame has been shifted in multiple directions. Police Chief Jarrod Burguan points to the early release of some '
inmates whose crimes were reduced from felonies to misdemeanors, while others blame cuts to city services and
poor job opportunities. Additionally, half of those killed have been black, which is alan-ning considering only 14
L
percent of the population of San Bernardino is black. 0
O
San Bernardino filed for bankng2tcy in 2012. Burguan told the Times that cuts to the police force means they
don't have the resources to investigate every report. Detective Ernest Luna told the Times that in the aftermath of 2
the terrorist attack, N seemed hke everyone loved us, but it's kind of gone back to how it was."
O
'We cannot only prioritim first responders after violence takes place if we're not prioritizing preventing violence i
from taking place in the first place,"Lim said. a
r
M
In May, San Bernardino was named the most dangerous city in California via a report from defense attorney n
Graham Donath. Donath used data from the FBI, and ranked each city using factors hke crime, police presence,
poverty, unemployment, population density and education. Stockton came in second, while Modesto ranked
third. Los Angeles was 19th. In July,, a shooting outside of a liquor store killed two men and a 9-year-old boy. c
Only yesterday momin , a man was wounded when an unknown attacker shot him in the hip. a
0
N
T
O
U
Q
CL
Q
r+
C
R
L
3
O
Y
L
f!!
a.
W
�a
r
U
m
N
m
t
K
W
y.i
C
N
>_
U
cc
w
Q
Packet Pg. 508
S.O.a
San Bernardino Police Department
Crime Summary Report
Within Half-Mile of San Bernardino Soccer Complex: 10/2015 - 10/2016 0
Y
M
U_
AGGRAVATED ASSAULT 17 Q
C
ARSON 1
t9
BURGLARY 26 =
0
DRUG V IOLA PON 3
d
V
FAMILY OFFENSE 2
s
FRAUD 1
0
CL INTIMIDATION 3
LARCENY-ALL OTHER 9 �-
� d
cwv
.� LARCENY-FROM VEHICLE
V MOTOR VEHICLE THEFT 7` 18
OTHER „' 17 v
SIX CRME 4 Q
SIMPLEASSAULT �,'° � bar ' 20
0
N
VANDALISM 4
WEAPONS OFFENSE
0
Frequency U
Q
CL
Q
TOTAL 245
C7
L
3
O
N
Y
L
a
a�
R
w
f/1
L)
Cn
m
m
t
X
0
W
a+
C
d
.0
V
Q
10/27/2016 CRIMEVIEW Community
Packet Pg. 509
88
U- J Q
o w Z) W w �n
,a Ca H w U) d Z v Z
E _ o J a -' o " " _
(o D N Q CY U 0 J Q v, F- Z w LL
c
m > � a' w n N a 2 L g O -LL
0 m O
CL ca. 0 W Q } w > = > } J � o d p z m ctai
°' � v g w Z -t a w Q a _o >- O z o E .-
r� w U 0 c
m _ a C) O^ = o^ " a g Q O U a
� c
s_
yt]v�;di L O c y RS
— O @
t 3 E O (D
z
> 0)c c
V
a — rr NN
N
A.
C
T
low
�t 6f (D
r �
N _ L O c `- �
c.- Il-
f A L ro y N
X o
ig
= O @ O
CL Cr C
- � c• N
V @ ti r
C
�..r• o
-5— o n c
0
Ih
CL
vo h lC
m
CIO O @ P Q.
In >,a
G, : °#
<,=
lD Q
W a 4d ��
n C
Z N O L R
^1 C m @ O r
O.Cc 3
Z"9 I a c ca
/av __ � t � E R
IL
n•- o o U
@
yett�• E ° a3 to
ovoEL�
(.
h.—
ci c 3 •c 0 W
03 u
rh V) c @
+%
� E_� c
rm 0
J ... L 0
- � ��• any ueu�c��n� � '' �
any alfiBi €
ol4b-iV to
Packet Pg.510
5.O.a
San Bernardino Police Department
Within Half-Mile of San Bernardino Soccer Complex: 10/2014 - 1012015
Crime Summary Report
O
M
.Q
AGGRAVATED ASSAULT # 24
BAD CHECKS ' 1 c
is
L
BURGLARY 48 (�
DRUG V IOLA 11ON 1 0
cc
DUI 2
L
FAMILY OFFENSE 1 m
fY
FRAUD 9
IMiMIDATION ?O-
KIDNAPPING 1
H �
LARCENY-ALL OTHER _ 11 a.
E LARCENY -FROM BUILDING 4 R
L
V LARCENY -FROM VEHICLE =d „_ ! 22
CM
MOTOR v E>iICLE THEFT 21
OTHER 24
SEX CRIME 3 =
�L
n.
S IMPLE A SSAULT 25 cfl
STOLEN PROPERTY 2 N
VANDALISM 4
r
WEAPONS OFFENSE 4 c
0
Frequency
.Q
a
r
C
R7
TOTAL 211
r.+
3
O
}
N
Y
l0
a
a�
�a
U
N
DO
m
t
K
W
C
N
E
:a
10/27/2016 CRIMEVIEW Community
Packet Pg. 511
90
5.O.a
LL
�. Lr) 2 W W ^
41 U) I- H U)
C 27 h- w W Z W Z Z
O _j LL O ^ O v a�
E c� c Q o w u -i LL z oc a U
a� ' cn W LL z d p 0 O LL p
F N Z' W L J Z m .2
Q J ds d N_ Qd } " } rn Z Q } C� a �y p O m tv
0 0- W U O w O w D Q U v W
�^ zz x O D
Z V Q
0
Co O Q� g> N g� LL s ? gm > vWi o co m L o Y Q
CL
p e5 r s,.
C_ 0
9 0 C
3 o E o L
. C c c
a
S> � caq }
s
E m= o
O_ (.
a N m j C
�q J _
LO m m D V f0
Q1 >
m? O
^a Lam.• O c a ti
ILA � - c �
an
ro N
N
a• oL r C
ox m CL 0.
! Ism
jo
o_c
ti ro C O
C r c N
W �7 C "
,.� - �O N '3}� r
c W r
� Co ti N r
V) L U
CL 0)
m _0
m
CL
fu
_ _ Vo C
u o (�
ytt�tt�: j E o
I - o 0
V
a
m
Co
c omyEL) .r
N_cEoy
x
Co
C 3 c C _o W
L81 0
ul S106
2d u: � 0E=30 C
arot ro N
CL o,
«a _
�AV UCUCx r
LU g Q
;;AV aIA6Jk(
;;AV QI4bJV
PAS; 6WIJOIS a,^,v 8ulpals Packet Pg. 512
TI ,
0
R
H V
Q Q
a �
� Q
a �
U �
0
R
0
0
ai
nom.
ui
al to
N V
L
_ � N
m O cC L t" C 0
Z 'U
C vy � V Q.
w r
U
ell
C '^
}
a.
R
5
Packet Pg. 513
A t
j+
°
� U
CCt Q
G a
O �
U
c
O
°
a�
M L
U
1 fi °
a
V z
s�
L N
o\ o \l p
UT :.
41
L �. —t5 2
C CJ 'l J cam} S- 6 a
V V
cv
a
m
CA
CL
Cn
Cn
r � m
`° v s W
z "
um
Aj
r cp °� ;� ', cMv r1
Packet Pg. 514
4
0
r
lQ
EA v
� a
d a
� Q
0 3 L
V
C7
c
0
r
+o
d
E L)
T
v� c as
Q5 ` a�
C5- i � 0 77- c 1
zr-
a.
i j
O
cn .. < •-
vi
ZI
V r
a
c `)
co
� m
a
s �
w
4
to
a
M tr M M M M 4T` S
h�
Packet Pg. 515
O
V) v_
Q Q
c, a
� 4
L
O
L
v
1 �
o
0 � a
Ns
r 'a)
n
wo `
c
n`
O N
p
C%
2
CL
cl
os ``�✓ ��
� o
G p
3 t € X
CL
V to
W
S o C-) c,c
AVMN
_
Packet Pg. 516
WK
0
a
to U
O Q.
Cod Q
L Q
O �
c�
s
O
d
L
U
NCD
Of
O
cz `
,�. cl wo o 1
V tw ° N c ns
cu
cm
to
� o
O N fl p \i a
CD
VO
L
N
ke
CL
t�
c
zf
N J Y, � 3
o
n.
a �
ra
L)
U
00 �
LU
9 ? r-
c
9 9 9
q Packet Pg. 517
S.O.a
c
0
m
h U
� � Q
Q
O O
c
0
Coll
d
L
V
d
Z
U
Y
(n v m
>: a
� ° o
ti
V E v
L v � tt1
O
V X N
u 0
ID
- -_ a
a 0
� Y
a
N Cl)
co
-__ rn
<: f � cn
z s �
X
. u,
Ix
E
Od
FPacket Pg. 518
s
s =
0
� ca
U
a r Q
.Z^ Q
O ^ RS
U �
S c�
d _
v d
CL
J 13 L
d U
L
r
� 7
U I
E
o c °-
^
trOv
y, g U
C!D .
C
UaLi tiD O
u
�'• 1 r t U
• u
t� a
�-
ca
U * �D a
I
m
L
L
r
� i U
y
; am
r ' m4
Z
a W
� C--1 6'
Packet Pg. 519
4
0
va v
a
c Q
� c
ti
o
l i
m
V 3
Y
<a eua
y O U 8I
V w �
C r� �^ C
o Zj _ .
rL
L tt
s a
cn
0
Y
d
I
1-5 cn
ca
S � �
c
x
r
' W
•--rte , .--- � �i � � � ' � C5, 61 � U
CV
°- ° Packet Pg. 520
rrrrir�
5.O.a
S
c
0
�v
v
.r -
a, o.
U 0
m
a
o
c .a
a '� :°
CD
I �
Cn v
U
Q
Ln
ZE
LA
Ln 4°• , a 4>
b
CL
c
cry �
ca
� � v
s Co
z x LLI
—2
s , a
d
a
1 Packet Pg. 521
0
m
C1 Q-
G
d
U �
c
0
r
� m
F wVw,
�WVW/
Y.
r
U }
E i IL
ea •� o d
a
N .•-
L U CLO O
� N
u v
c�
o � i; o
ca
a
w s
� Y
a
m
m
U)
� � t
7 �A W
CD
v
J a
4�� C>��� Packet Pg.-522
5.O.a
c
0
y v
Q
QQ
L7
p
U 0
V
Y
L
V
i d
t
i+
Lf) Y
^y L
R
a
c.
E tw
� c
a, a a N
a 2
L _ U Q
C C/) to Q
cc � .0
r 3
0
o~
Y
a
0
U
r V)
m
� x
2: � I W
E
eft a
�/ Packet Pg. 523
ATTACHMENT C: CRITERION 5 - ORGANIZATIONAL CAPACITY
• Anne Shirrells Park City of San Bernardino c
San Bernardino, CA Jim Tickem er, Acting Director
Type or Scope of Project Construct new Modular Community Center at Anne
Shirrells Park, serving a Disadvantaged Neighborhood a
Total Project Costs $7079000 a
$549,000 CDBG Funds 2
Project Amount& Funding Source(s) $158,000 Redevelopment Funds 0
c
Completion Date Scheduled Dates: 2012 — 2016 0
Scheduled/Actual Com
p Actual Completion Date: 2016
Project Operation/Maintenance EI Sol Neighborhood Center provides programs, classes,
and events. City of San Bernardino maintains center
s
■ Ballpark Stadium The Elmore Group 0
San Bernardino, CA
Construction of a new Baseball Stadium for the Inland
cc
Type or Scope of Project Empire 66'ers a.
d
Total Project Costs $15 million
Project Amount& Funding Source(s) $15 million funded by The Elmore Group
Scheduled/Actual Completion Date Scheduled Dates: 1993 -- 1995
Actual Completion Dates: 1995
Project Operation/Maintenance The Elmore Group
a.
■ Ballpark Stadium, The Elmore Group c
Colorado Springs, CO N
Type or Scope of Project Construction of new AAA Baseball Stadium for the
Colorado Springs Sk Sox T
c
Total Project Costs $13 million .2
Project Amount& Funding Source(s) $13 million funded by the Elmore Group
CL
.Q
Scheduled Dates: 1987 — 1988
Scheduled/Actual Completion Date Q
Actual Completion Date: 1988
�a
Project Operation/Maintenance The Elmore Group
■
Ballpark Stadium, Idaho Falls, ID The Elmore Group o
Type or Scope of Project Coordinated Construction of Baseball Stadium }
Total Project Costs $4 million a
Project Amount& Funding Source(s) $4 million funded by The Elmore Group
Scheduled/Actual Completion Date Scheduled Dates: 1987 — 1988 U
Actual Completion Date: 1988
Project Operation/Maintenance The Elmore Group
Ballpark Stadium, San Antonio, TX
The Elmore Group 00
Construction of a new Baseball Stadium for the San
Type or Scope of Project Antonio Missions w
Total Project Costs $15 million
Project Amount& Funding Source(s) $15 million funded by the Elmore Group E
10 Scheduled/Actual Completion Date
Scheduled Dates: 1993— 1995
Actual Completion Dates: 1995 Q
Project Operation and Maintenance The Elmore Group
Packet Pg.524
103
5.O.b
c
0
May 24, 2016
v_
.Q
CL
Q
_
ADMINISTRATION GUIDE
_
for the
California Youth Soccer and
Recreation Development Program
(includes soccer, baseball, softball and basketball)
a
as
w
R
tD
SINCE 1864
V . ® P
N
4t')
1
State of California
Department of Parks and Recreation
Office of Grants and Local Services
0
"Creating Community through People, Parks, and Programs"
E
Send Applications and Correspondence to:
d
U
Street Address for Overnight Mail: Mailing Address:
i
Calif. Dept. of Parks and Recreation Calif. Dept. of Parks and Recreation o
Office of Grants and Local Services Office of Grants and Local Services '
1416 Ninth Street, Room 918 P.O. Box 942896
Sacramento, CA 95814 Sacramento, CA 94296-0001
t
X
Phone: (916) 653-7423 w
www.parks.ca.gov/grants
And "like" us on Facebook
www.facebook.com/CAPARKGRANTS Q
Packet Pg. 525
0
U_
Q.
Q
Q
C
R
L
C9
C
O
r
R
03
L
U
d
O
O
L
0.
d
V
R
.V
n
co
r
LO
m
I
C
4=.
W
I
C
O
lB
L
N
._
E
fC
L
I
d
U
U
O
N
.0
I
3
O
7+
U
x
w
c
w
E
U
c�
a
Packet Pg. 526
TABLE OF CONTENTS 2
California Youth Soccer and Recreation Development Program
Administration Guide Q
CL
a
PROCESS FOR GRANTEES
GRANT CONTRACT 3 0
.........................................................................................................
GrantContract................................................................................................................. 3
L
SPECIALREQUIREMENTS............................................................................................ 11
StatusReport................................................................................................................ 12
0
DeedRestriction............................................................................................................ 13 >_
ScopeChange Requests .............................................................................................. 19 a
Fidelity Bond (For Non-profit GRANTEES only) ................................................................ 20 a;
Three-Bid Process (For Non-profit GRANTEES only) .......................................................21 c22
ELIGIBLE AND INELIGIBLE COSTS .............................................................................22
to
GRANT PAYMENTS
AdvancePayments ....................................................................................................... 24 N
ReimbursementPayments............................................................................................25 L�
Final Payments ............................................................................................................. 26 f°
_
PaymentRequest Form ................................................................................................ 27
GrantExpenditure Form................................................................................................29
GrantCompletion Packet.............................................................................................. 30
Project Completion Certification .................................................................................... 31
L
ACCOUNTINGAND AUDITS..........................................................................................32 N
AccountingRequirements ............................................................................................. 32 Ea
StateAudit..................................................................................................................... 32
Audit Checklist 0
33 U
0
DEFINITIONS
0
U
t
x
w
c
a�
E
v
ca
Q
Packet Pg. 527
.
U
S Y
U
Q
Q
Y
G
Department Mission
0
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 U
state's extraordinary biological diversity, protecting its most valued natural and cultural W_
resources, and creating opportunities for high-quality outdoor recreation. r
0
The Office of Grants and Local Services (OGALS) Mission Statement a
Y
The mission of the Office of Grants and Local Services is to address California's diverse Cn
recreational, cultural and historical resource needs by developing grant programs, a)
administering funds, offering technical assistance, building partnerships and providing
leadership through quality customer service.
OGALS VISION GOALS "'i
M
E
❖ Proactive in meeting California's park and recreation needs through innovative grant
programs and customer service.
a�
❖ Committed to providing quality customer service in every interaction and transaction o�
as honest, knowledgeable, and experienced grant administrators.
Y
U)
❖ Sensitive to local concerns while mindful of prevailing laws, rules and regulations. C
E
Responsive to the needs of applicants, grantees, non-profit organizations, local
governments, and legislative members, who are our partners working to improve the
quality of life for all Californians by creating new parks and recreation opportunities. o
i
Y
0
L)
`1 Y
t
X
W
c
CD
E
s
U
Rf
Y
Y
Q
�I
Packet Pg. 528
5.O.b
Process for Grantees
Please contact OGALS with any questions or comments. Contact information for OGALS
is provided on the front cover of this guide, and a list of PROJECT OFFICERS is available at o
www.parks.ca.gov/qrants. M
u
The meanings of words and terms shown in SMALL CAPS are in the Definitions section Q
starting on page 34. a
c
L
Start of Grant Performance Period:
c
0
1. Your GRANT PERFORMANCE PERIOD Is July 1, 2017 through June 30, 2025, and will
be shown on your CONTRACT.
d
• ELIGIBLE COSTS Incurred after the start of the GRANT PERFORMANCE PERIOD can W
t
be reimbursed once a CONTRACT is ENCUMBERED. o
• Costs Incurred before or after the GRANT PERFORMANCE PERIOD are not eligible
for REIMBURSEMENT. per,
d
0
Contracts (page 3)
o�
2. APPLICANTS become GRANTEES when their CONTRACT Is ENCUMBERED.
Payments (page 24)
v
3. GRANTEES may request payments after CONTRACTS are encumbered. GRANT
LID
funds may only be expended on ELIGIBLE COSTS incurred during the GRANT
PERFORMANCE PERIOD. l
• Special Requirements- Status reports, a Deed Restriction, and a Fidelity
Bond for Non-profit organizations are special requirements affecting payment
requests. Refer to the Special Requirements section, on page 11. o
4. GRANTEES request final payment after PROJECT COMPLETION by sending a GRANT
COMPLETION PACKET to OGALS. OGALS conducts a final site inspection before final
payment is approved.
I
End of Grant Performance Period U
5. GRANT funds liquidate at the end of the GRANT PERFORMANCE PERIOD, which is 0
June 30, 2025. GRANT COMPLETION PACKETS must be sent to OGALS no later than �l
March 31, 2025. 0
• OGALS recommends that GRANTEES send GRANT COMPLETION PACKETS to OGALS U
r
by December 31, 2024. This will provide adequate time for OGALS to review
GRANT COMPLETION PACKETS, request and receive revisions to GRANT COMPLETION w
PACKETS if necessary, conduct final site inspections, and process final payments ..
through the State Controller's Office. 0
• OGALS cannot guarantee final payment, if GRANT COMPLETION PACKETS are
received after March 31, 2025.
IT
Administration Guide for the California Youth Soccer 1 Process for Grantees
and Recreation Development Program
Packet Pg. 529
Accounting and Audit (page 32)
6. DPR's Audits Office may conduct an audit. The GRANTEE is required to keep all
PROJECT records for five years following the final GRANT payment.
0
End of the Contract Performance Period — Long Term Public Use
7. The CONTRACT PERFORMANCE PERIOD will be shown on your CONTRACT. By signing Q
the CONTRACT, the GRANTEE agrees to the CONTRACT provisions including Section =
I. Use of Facilities found on page 8. The duration of the CONTRACT PERFORMANCE P
PERIOD depends on the GRANT amount-
.2
• GRANT amount less than $100,000: July 1, 2017 through June 30, 2037. 4
• GRANT amount $100,000 or greater: July 1, 2017 through June 30, 2047. d
t
0
Y
R
IL
d
r
M
CD
ti
�o
N
LO
iE
_
4=
I
N
I
_
O
tC
N
E
cC
L
I
d
v
U
O
N
I
O
U
.Q
t
x
w
a�
E
R
r�
Q
_ Administration Guide for the California Youth Soccer 2 Process for Grantees
and Recreation Development Program
Packet Pg. 530
w
GRANT CONTRACT
The following section contains a sample GRANT CONTRACT, and the CONTRACT provisions.
State of California—The Resources Agency
DEPARTMENT OF PARKS AND RECREATION v
Q
CL
Grant Contract
C
GRANTEE L
0
C
GRANT PERFORMANCE PERIOD is from through O
r
tC
O
i
CONTRACT PERFORMANCE PERIOD is from through UO
PROJECT TITLE APPLICATION NUMBER
O
The GRANTEE agrees to the terms and conditions of this contract, hereinafter referred to >-
as AGREEMENT, and the State of California, acting through its Director of Parks and
Recreation, pursuant to the State of California, agrees to fund the total State grant amount
indicated below according to the terms of this Agreement. The GRANTEE agrees to w
complete the GRANT SCOPE as defined in the GRANT SCOPE/Cost Estimate Form of the �?
APPLICATION filed with the State of California referenced by the application number n
to
indicated above.
Total State grant amount not to exceed$
T
The General and Special Provisions attached are made a part of and incorporated into the Contract. N
I
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION .=1
N
Grantee By
I
By C
Typed or printed name of Authorized Representative O
tv
L
N_
By
Signature of Authorized Representative _
E
ctf
Title �l
d
V
V
Date Date N
I
CERTIFICATION OF FUNDING(FOR STATE USE ONLY)
AMOUNT OF ESTIMATE$ CONTRACT NUMBER FUND
... ........................... .................. t?
ADJ.INCREASING ENCUMBRANCE$ APPROPRIATION
..........................................................................................................................................................................................................................
i
ADJ.DECREASING ENCUMBRANCE$ ITEM VENDOR NUMBER .0
X
...................................................... . ....... ......... ......................:..................................................
w
UNENCUMBERED BALANCE$ LINE ITEM ALLOTMENT CHAPTER ? STATUTE FISCAL YEAR
C
T.B.A.NO. B.R.NO. INDEX PCA OBJ.EXPEND
Qy
s
i 1 hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
..............................................................................--------._...............__........._..............._..._................................_.......................................................................................................
SIGNATURE OF ACCOUNTING OFFICER DATE Q
Administration Guide for the California Youth Soccer 3 Grant Contract
and Recreation Development Program
[Packet Pg. 531
1. RECITALS
1. This AGREEMENT is entered into between the California Department of Parks and
Recreation (hereinafter referred to as "GRANTOR," or "STATE") and °-
(hereinafter referred to as "GRANTEE").
2. The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Q
Protection Act of 2002 authorizes STATE to award grants to eligible entities for the
purpose of Sections 5096.600 through 5096.683 43 of the Public Resources Code.
3. Pursuant to the California Clean Water, Clean Air, Safe Neighborhood Parks, and o
Coastal Protection Act of 2002, STATE is authorized to oversee and manage grants to
eligible entities for the purposes stated within its provisions. Funding for this grant
program was made available through the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002.
4. The STATE hereby grants to GRANTEE a sum (hereinafter referred to as "GRANT y°.
MONIES") not to exceed Dollars ($ ),
subject to the terms and conditions of this AGREEMENT, the GUIDES, any legislation a
applicable to the ACT, and the APPLICATION.
5. In consideration thereof GRANTEE agrees to abide by the terms and conditions of this
AGREEMENT as well as the provisions of the ACT. GRANTEE acknowledges that the �?
GRANT MONIES are not a gift or a donation.
6. In addition to the terms and conditions of this AGREEMENT, the parties agree that the
terms and conditions contained in the documents set forth below are hereby N
incorporated into and made part of this AGREEMENT. LO
a. The GRANT ADMINISTRATION GUIDE; _
b. The APPLICATION GUIDE; 4-1
c. The submitted APPLICATION.
t II. GENERAL PROVISIONS
A. Definitions N
As used in this AGREEMENT, the following words shall have the following meanings: E
1. The term "ACT" means the statutory basis for these grant programs. �l
:. Q
2. The term "APPLICATION" means the individual project application packet for a grant U
pursuant to the enabling legislation and/or grant program process guide requirements. °I
3. The term "CONTRACT PERFORMANCE PERIOD" means the period of time -C 0
described in Section 1 of this AGREEMENT.
U
4. The term "COMPETITIVE GRANT PROGRAM" means the California Youth Soccer s
and Recreation Development Program. x
5. The term "DEVELOPMENT" means capital improvements to real property by means of W
construction of permanent or fixed features of the property.
6. The term "GRANT PERFORMANCE PERIOD" means the period of time described in
the contract face sheet during which eligible costs can be charged to the grant and r
which begins on the date of appropriation and ends on the fund liquidation date. Q
Administration Guide for the California Youth Soccer 4 Grant Contract
and Recreation Development Program
Packet Pg. 532
7. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost
Estimate Form found in the APPLICATION.
c
8. The term "GUIDES" means the documents identified as the "Application Guide for the
California Youth Soccer and Recreation Development Program" and the "Grant v
Administration Guide for the California Youth Soccer and Recreation Development Q
Program."The GUIDES provide the procedures and policies controlling the Q
administration of the grant.
L
9. The term "PROJECT TERMINATION" refers to the non-completion of a GRANT =
SCOPE. °
r
d
L
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 not to exceed the amount stated in Section I of this c
AGREEMENT, in consideration of, and on condition that, the sum be expended only in Y
carrying out the purposes set forth in the GRANT SCOPE, and under the terms and a
conditions set forth in this AGREEMENT.
cc
cc
The GRANTEE shall assume the obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE.
ti
2. After STATE has approved the APPLICATION, all changes and alterations to the
GRANT SCOPE must be first approved in writing by the STATE. GRANTEE'S failure to
comply with this provision may be construed as a breach of the terms of the
AGREEMENT and result in the termination of the project.
tn
I
To maintain the integrity of the COMPETITIVE GRANT PROGRAM, the GRANTEE
agrees that any project changes or alterations which deviate from the intent of the
project selection criteria provided by the GRANTEE in the original competitive a
APPLICATION must be submitted in writing to the STATE for prior approval.
i
3. The GRANTEE shall complete the GRANT SCOPE in accordance with the time of the o
GRANT PERFORMANCE PERIOD set forth in the contract face sheet, and under the L
terms and conditions of this contract. N
4. The GRANTEE shall comply with the California Environmental Quality Act (Public E
Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, �cl
Section 15000 et. seq.).
5. The GRANTEE shall at all times comply with all applicable current laws and regulations N
affecting ACQUISITION and DEVELOPMENT projects, including, but not limited to,
legal requirements for construction contracts, building codes, health and safety codes, o
and laws and codes pertaining to individuals with disabilities, including but not limited to
the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et.seq.) and the
California Unruh Act (California Civil Code §51 et seq.) B
X
6. If the GRANT SCOPE includes ACQUISITION of real property, the GRANTEE w
agrees to comply at all times with all applicable State and local laws or ordinances
affecting relocation and real property ACQUISITION. E
s
7. GRANTEE agrees that lands acquired with GRANT MONIES shall not be acquired
through the use of eminent domain. Q
Administration Guide for the California Youth Soccer 5 Grant Contract
and Recreation Development Program
Packet Pg. 533
5.O.b
C. Project Costs
1. GRANTEE agrees to abide by the GUIDES, as they may be updated by the State from
time to time.
M
2. GRANTEE acknowledges that the STATE may make reasonable changes to its U
procedures as set forth in the GUIDES. If the STATE makes any changes to its CL
procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable
time of such update.
D. Project Administration o
w
1. If GRANT MONIES are advanced, the advanced funds shall be placed in an interest
bearing account until expended. Advanced funds must be spent within six months from
the date of receipt, unless the STATE waives this requirement in writing. Interest
earned on the advanced funds shall be used on the project as approved by the STATE. o
If GRANT MONIES are advanced and not expended, the unused portion of the grant
and any interest earned shall be returned to the STATE within 60 days after project
completion or end of the GRANT PERFORMANCE PERIOD whichever is earlier. .
2. The GRANTEE shall submit written project status reports within 30 calendar days after in
the STATE has made a request for a project status report. The GRANTEE shall also
provide the STATE a report showing total final project expenditures within 60 days of �
project completion or the end of the GRANT PERFORMANCE PERIOD, whichever is
earlier. The GRANT PERFORMANCE PERIOD is identified in the contract face sheet. ;°_
3. The STATE shall have the right to inspect all property or facilities acquired and/or C4
developed pursuant to this contract and the GRANTEE shall make said property
available for inspection upon 24 hours' notice from the STATE
4. The GRANTEE and the STATE agree that if the GRANT SCOPE includes
DEVELOPMENT, final payment to Grantee may not be made until the work described
in the GRANT SCOPE is complete. cl
0
5. Any grant funds that have not been expended by the GRANTEE under the terms of
this contract shall revert to the STATE.
E. Project Termination
1. In the event of non-completion of a GRANT SCOPE, the STATE may request the Wi
return of any grant funds advanced or reimbursed to the Grantee. Any grant funds U
that have not been expended by the GRANTEE shall revert or be returned to the °I
STATE.
2. Unless the provisions of this AGREEMENT provide otherwise, after encumbrance, this >>%
contract may be rescinded, modified or amended only by mutual written agreement v
between the GRANTEE and the STATE, unless the provisions of this AGREEMENT
provide that mutual agreement is not required. w
3. Failure by the GRANTEE to comply with any of the terms of this AGREEMENT as well
as any other grant contracts, specified or general, that GRANTEE has entered into with E
STATE, may be cause for suspension of all obligations of the STATE unless the
STATE determines that such failure was due to no fault of the GRANTEE. In such .2
case, STATE may reimburse GRANTEE for eligible costs properly incurred in ¢
Administration Guide for the California Youth Soccer 6 Grant Contract
and Recreation Development Program
Packet Pg. 534
performance of this AGREEMENT despite non-performance of the GRANTEE. To
qualify for such reimbursement, GRANTEE shall mitigate its losses to the best of its
ability. o
r
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, opportunities
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 o
provisions of this contract, the GRANTEE agrees that payment by the GRANTEE to the .a
STATE of an amount equal to the amount of the GRANT MONIES disbursed under this
AGREEMENT by the STATE would be inadequate compensation to the STATE for any
breach by the GRANTEE of this AGREEMENT. The GRANTEE further agrees
therefore, that in addition to compensatory damages, the appropriate remedy in the o
event of a breach of this AGREEMENT by the GRANTEE shall be the specific
performance of this contract, unless otherwise agreed to by the STATE. a
a�
F. Budget Contingency Clause
For purposes of this program, if funding for any fiscal year is reduced or deleted by the State
Budget Act, executive order, the legislature, or by any other provision of statute, the STATE
shall have the option to either cancel this contract with no liability occurring to the STATE, or
offer a contract amendment to GRANTEE to reflect a reduced grant amount. This Paragraph
shall not require the mutual agreement of the parties. N
LOl
G. Indemnity =
1. The GRANTEE shall waive all claims and recourse against the STATE including the vl
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. o
w
2. To the fullest extent of the law, the GRANTEE shall indemnify, hold harmless and
defend the STATE, its officers, agents and employees against any and all claims,
demands, damages, costs, expenses and liability costs arising out of the E
DEVELOPMENT, construction, operation or maintenance of the property described as �l
the project or GRANT SCOPE which claims, demands or causes of action arise under
California Government Code Section 895.2 or otherwise except for liability arising out o
of the concurrent or sole negligence of the STATE, its officers, agents, or employees. NI
3. The GRANTEE agrees that in the event the STATE is named as codefendant under o
the provisions of California Government Code Section 895 et. seq., the GRANTEE
shall notify the STATE of such fact and shall represent the STATE in the legal action U
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 w
fees.
c
4. The GRANTEE and the STATE agree that in the event of judgment entered against the E
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 Q
Administration Guide for the California Youth Soccer 7 Grant Contract
and Recreation Development Program
Packet Pg. 535
5.O.b
such judgment shall be made by a court of competent jurisdiction. Neither party shall
request a jury apportionment.
c
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, °
agents and employees against any and all claims, demands, costs, expenses and
liability costs arising out of legal actions pursuant to items to which the GRANTEE has Q
certified. The GRANTEE acknowledges that it is solely responsible for compliance with Q
items to which it has certified.
'L^
V
H. Financial Records o
1. The GRANTEE shall maintain satisfactory financial accounts, documents and records
for the project and GRANT SCOPE 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 five years following project and GRANT SCOPE
termination or final payment, whichever is later. °
Y
2. The GRANTEE shall keep such records as the STATE shall prescribe, including a
records which fully disclose (a)the disposition of the proceeds of STATE funding
assistance, (b)the total cost of the project and GRANT SCOPE in connection with
such assistance that is given or used, (c)the amount and nature of that portion of the W
GRANT SCOPE and project cost supplied by other sources, and (d) any other such ti
records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies W
of any books, records or reports pertaining to this contract or matters related thereto
during GRANTEE'S regular office hours. The GRANTEE shall maintain and make LOl
available for inspection by the STATE accurate records of all of its costs,
disbursements and receipts with respect to its activities under this contract. Such
accounts, documents, and records shall be retained by the GRANTEE for 5 years a
following final payment. aj
4. The GRANTEE shall use a generally accepted accounting system. o
L
I. Use of Facilities N
1. The GRANTEE agrees to operate and maintain any property developed with the E
GRANT MONIES for the duration of the CONTRACT PERFORMANCE PERIOD. �l
L
2. The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any
income earned by the GRANTEE from a STATE approved non-recreational use of o
the project shall be used for recreational purposes at the project, or, if approved by Ul
the STATE, for recreational purposes within the GRANTEE's jurisdiction. o
3. All facilities shall have operating hours consistent with the times proposed in the
APPLICATION and be open to members of the public in accordance with the project
selection criteria in the APPLICATION, unless otherwise granted permission by the
State and except as noted under the special provisions of this AGREEMENT or w
under provisions of the enabling legislation and/or grant program.
4. The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE F
PERIOD, any property developed with GRANT MONIES under this AGREEMENT
shall be used only for the purposes of the grant and consistent with the GRANT Q
Administration Guide for the California Youth Soccer 8 Grant Contract
and Recreation Development Program
Packet Pg. 536
5.O.b
SCOPE referenced in the APPLICATION unless prior written approval is given by
the State.
c
5. The GRANTEE agrees to use any property developed with GRANT MONIES under 2
this AGREEMENT only for the purposes of the grant and no other use, sale, or other
disposition shall be permitted except as authorized by a specific act of the legislature Q
in which event the property shall be replaced by the grantee with property of ¢
equivalent value and usefulness as determined by STATE.
L
6. The property developed may be transferred to another eligible entity only if the
successor entity assumes the obligations imposed under this AGREEMENT and with o
written approval of the STATE.
v
7. Any real Property (including any portion of it or any interest in it) may not be used as
security for any debt or mitigation, without the written approval of the State of
California, acting through the DPR, or its successor, provided that such approval o
shall not be unreasonably withheld as long as the purposes for which the Grant was
awarded are maintained. Any such permission that is granted does not make DPR a
a.
guarantor or a surety for any debt or mitigation, nor does it waive DPR's rights to
enforce performance under the Grant Contract. r
U)
8. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall CM
notify STATE within 10 days of receiving the complaint or other notice of the initiation to
of such proceedings.
T
J. Nondiscrimination N
LO
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, ca
creed, color, national origin, age, religion, ancestry, sexual orientation, disability, _
medical condition, or marital status in the use of a specific facility included in the wl
a
GRANT SCOPE.
2. The GRANTEE shall not discriminate against any person on the basis of residence, =I
and shall not apply differences in admission or other fees on the basis of residence. 2
Fees shall be reasonable and not unduly prevent use by economically r
N
disadvantaged members of the public.
E
K. Severability �l
L
If any provision of this AGREEMENT or the application thereof is held invalid, that invalidity U
shall not affect other provisions or applications of the AGREEMENT which can be given o
effect without the invalid provision or application, and to this end the provisions of this �l
contract are severable.
0
L. Liability U
STATE assumes no responsibility for assuring the safety of construction, site improvements x
or programs related to the GRANT SCOPE. The STATE'S rights under this AGREEMENT w
to review, inspect and approve the GRANT SCOPE and any final plans of implementation
shall not give rise to any warranty or representation that the GRANT SCOPE and any plans E
or improvements are free from hazards or defects.
Administration Guide for the California Youth Soccer 9 Grant Contract
and Recreation Development Program
Packet Pg. 537
M. Assignability
Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities
under this AGREEMENT shall not be assignable by the GRANTEE either in whole or in °
part. Any attempts by Grantee to make such an assignment are void.
Q
a
N. Section Headings Q
The headings and captions of the various sections of this AGREEMENT have been inserted L
only for the purpose of convenience and are not a part of this AGREEMENT and shall not 0
be deemed in any manner to modify, explain, or restrict any of the provisions of this o
AGREEMENT. a
U
a
O. Waiver
Any failure by a party to enforce its rights under this AGREEMENT, in the event of a breach, c
shall not be construed as a waiver of said rights; and the waiver of any breach under this >-
AGREEMENT shall not be construed as a waiver of any subsequent breach.
a
aD
°
Cn
Grantee
o�
n
m
By.
Signature of Authorized Representative (Position Authorized in the Resolution)
N
Title: LO
Date: �l
d
�a 'S
x O
dd
L
.F
yS ,_
E
LI
U
U
O
to
LI
w
3
O
U
X
W
_
d
E
t
U
..r
Q
Administration Guide for the California Youth Soccer 10 Grant Contract
and Recreation Development Program
Packet Pg. 538
5.O.b
® Special Requirements
Pages 12-21 explain how and when each of the special requirements listed below must o
be met.
The Grant Payments section starting on page 27 also lists when these items are CL
required for each type of payment request. a
c
• Status Reports (page 12)
c�
• Deed Restriction (page 13) o
r
• Scope Change Requests (page 19) 2
d
Additional Requirements for Non-profit GRANTEES:
• Fidelity Bond (page 20) O
• Three-Bid Process (page 21)
a
a�
r
U)
c�
ti
co
T
N
Ll
lQ
C
v=
I
O
I
C
O
M
L
N
E
t4
I
d
v
V
O
N
I
3
O
9,
U
r
X
W
C
N
E
U
R
Q
Administration Guide for the California Youth Soccer 11 Special Requirements
and Recreation Development Program
Packet Pg. 539
b
Status Report
To monitor the progress of PROJECTS, every six months, OGALS will send Status Reports
to GRANTEES to complete. GRANTEES must return Status Reports to OGALS within thirty
M
days from receipt. This requirement continues until OGALS receives GRANT COMPLETION 2
PACKETS. Payment requests will not be processed if Status Reports are overdue. See a
the sample Status Report below, which is subject to change. ¢
Status Report
_
Grantee:
Project Number:
Project Name:
a�
Advances to date without documentation (attach a Grant Expenditure Form documenting
expenditure of the balance, if applicable):
0
If a portion of the advanced funds have not been spent, and more than six months have passed since the >-
grantee received the advanced funds, the balance must be spent on eligible costs or returned to OGALS -19
u
within 60 days from receipt of this form. o-
a�
Y
Briefly describe completed work funded by the grant: (Continue on another sheet if
needed.) rn
r-
t
Pre-Construction/Pre-Acquisition (Planning, CEQA, etc):
1) —
LO
N
I
Acquisition and/or Construction (provide photos) _
4-
2)
'S
I
Potential Obstacles Affecting Completion o
3)
E
4) Total Funds Spent To Date Using This Grant $ E
5) Percentage of Project Complete:
v
6) Estimated Date of Project Completion: c
1 represent and warrant that I have full authority to execute this Grant Progress Status Report on (�
behalf of the Grantee. I declare under penalty of perjury, under the laws of the State of
California, that this status report, and any accompanying documents, for the above-mentioned 0
Grant is true and correct to the best of my knowledge. v
Y
s
X
Authorized Representative* Title Date w
(*Certification to above information requires a signature by a person authorized in the E
resolution)
Y
Y
Administration Guide for the California Youth Soccer 12 Status Report
and Recreation Development Program
Packet Pg. 540
5.0.b
Deed Deed Restriction
The Deed Restriction is a restriction on the title to the property, which ensures that the
property is used for a purpose consistent with the GRANT for the duration of the .
CONTRACT PERFORMANCE PERIOD.
.Q
A Deed Restriction is not required if the GRANTEE does not own the PROJECT land, such Q
as lease agreements.
L
A Deed Restriction is required if the GRANTEE owns the PROJECT land. A deed restriction c�
must be recorded on the title to the property before OGALS will approve any grant o
r
payments. L
d
Deed Restriction Instructions
1. Before filing the deed restriction, the GRANTEE must own the PROJECT land, and have c
an ENCUMBERED CONTRACT for the GRANT amount.
L
2. The PROJECT OFFICER WIII send the Deed Restriction form to the GRANTEE. FIII In all a
the blank spaces of the Deed Restriction form as indicated below. Do not alter the
w
Deed Restriction form.
Page 1:
I. WHEREAS, (hereinafter referred to as "Owner(s)"
Insert ownership information as it appears on the deed.
N
�I
Page 3: �
5. SEVERABILITY. w
Dated: , 20 �I
Insert the date the Deed Restriction is signed by the GRANTEE's Authorized
Representative (the position identified on the Grant Contract face sheet) in the =I
presence of a notary. °
R
L
.F+
Business Name (if property is owned by a business):
E
I
Signed: Signed:
U
0
y
I
PRINT/TYPE NAME&TITLE OF ABOVE PRINT/TYPE NAME&TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE,AS REQUIRED) p
U
The GRANTEE's Authorized Representative (the position identified on the Grant
Contract face sheet) signs in the presence of a notary. Additional signature lines
may be added if multiple signatures are required. W
r
Attachments: E
(1) A page entitled, "Exhibit A (Legal Description of Property)"
co
(2) Exhibit A: A formal legal description of every parcel of property to which grant d
funds will be allocated. This information can be obtained from the grant deed or
Administration Guide for the California Youth Soccer 13 Deed Restriction
and Recreation Development Program
Packet Pg. 541
title policy. (NOTE: The assessor's parcel number or a street address is NOT a
valid legal description.), and,
(3) Exhibit B: A complete copy of the Grant Contract signed by the GRANTEE and the o
State of California with Grant Contract provisions attached.
3. Notarize it: Take the unsigned Deed Restriction form, "Exhibit A", and "Exhibit B", to a
a notary. The GRANTEE's Authorized Representative (the position identified on the a
Grant Contract face sheet) signs the Deed Restriction form signature page in the L
presence of a notary. The notary then completes the "Notary Acknowledgement"
section.
4. Record it: Take the notarized Deed Restriction form, "Exhibit A", and "Exhibit B", to
the County Recorder's Office of the county in which the property is located and ask
the County Clerk to "record the Deed Restriction form, Exhibit A, and Exhibit B, on
the title to the property." 0
5. Send it: Send a copy of the notarized and recorded Deed Restriction form, "Exhibit
A", and "Exhibit B" to the OGALS PROJECT OFFICER. I-
a�
R
U)
as
ti
co
v
co
r
d'
N
WI
_
t+=
I
N
I
_
O
w
i
Y
N_
C
R
I
G1
v
V
O
N
I
7
O
A
U
X
W
w
a�
E
a
Administration Guide for the California Youth Soccer 14 Deed Restriction
and Recreation Development Program
acket
P Pg. 542
5.O.b
RECORDING REQUESTED BY:
California Department of Parks and Recreation _
Office of Grants and Local Services
0
WHEN RECORDED MAIL TO: 2
Office of Grants and Local Services o.
a
PO Box 942896 Q
Sacramento, CA 94296-0001 =
Attn: [Project Officer]
c
0
r
0
a�
L
DEED RESTRICTION
s
0
0
I. WHEREAS, [formal name of grantee] (hereinafter referred to as "Owner(s)" is/are
ca
a.
recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein
U)
by reference (hereinafter referred to as the "Property"); and
o�
II. WHEREAS, the California Department of Parks and Recreation (hereinafter
referred to as "DPR") is a public agency created and existing under the authority of section 5001 N
LO
of the California Public Resources Code (hereinafter referred to as the "PRC"). And �l
c
w
III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available al
pursuant to the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal
0
Protection Act of 2002 for improvements on the Property; and 2
r
N
IV. WHEREAS, on (enter date), DPR's Office of Grants and Local Services
E
conditionally approved Grant [project number], (hereinafter referred to as "Grant")for �l
m
improvements on the Property, subject to, among other conditions, recordation of this Deed o
i
Restriction on the Property; and
0
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, U
the Grant would not be consistent with the public purposes of the California Youth Soccer and x
w
Recreation Development Program and the funds that are the subject of the Grant could
E
therefore not have been granted; and
MW
a
Administration Guide for the California Youth Soccer 15 Deed Restriction
and Recreation Development Program
Packet Pg. 543
5.O.b
VI. WHEREAS, Owner(s) has/have elected to comply with the Deed Restriction of
the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described o
v
in the Grant; -
.Q
CL
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
L
undersigned Owner(s)for himself/herself/themselves and for his/her/their heirs, assigns, and c�
c
0
successors-in-interest, hereby irrevocably covenant(s)with DPR that the condition of the grant
L
(set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the
date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions n
Y
and restrictions on the use and enjoyment of the Property that are hereby attached to the deed a
a�
to the Property as fully effective components thereof.
U)
1. DURATION. This Deed Restriction shall remain in full force and effect and shall
bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from
July 1, 2017 to June 30, 2037 (20 years) or June 30, 2047 (30 years). N
Lnl
1. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is
wi
irrevocable and shall constitute an enforceable restriction within the meaning of a)Article XIII, a
a�
section 8, of the California Constitution; and b) section 402.1 of the California Revenue and �l
0
Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to Y
N_
C
constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of E
�a
the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-
U
O
deeded property. N
i
2. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property o
at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth L)
above are being observed.
w
w:
3. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s)
whether written or oral which uses or would cause to be used or would permit use of the a
r
a
Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach
Administration Guide for the California Youth Soccer 16 Deed Restriction
and Recreation Development Program
Packet Pg. 544
hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the
terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the o
2
part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of
a
enforcement rights regarding any subsequent breach. a
c
R
L
4. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for c�
0
any reason becomes unenforceable, no other provision shall be affected or impaired.
L
V
d
Dated: 20 0
L
ca
a
a�
Business Name (if property is owned by a business):
U)
Z!
W
14
to
V7
et
N
cpl
Signed: Signed: _
�I
PRINT/TYPE NAME&TITLE OF ABOVE PRINT/TYPE NAME&TITLE OF ABOVE
(GRANTEE'S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE,AS REQUIRED) _
O
R
L
Y
E
I
L
V
U
O
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE** wl
0
Ca
x
w
d
E
ca
w
4
Administration Guide for the California Youth Soccer 17 Deed Restriction
and Recreation Development Program
Packet Pg. 545
IN
State of California
County of o
�v
On before me, a Notary Public, `2
.Q
a
personally appeared who proved to me on the Q
L
basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within
c
0
instrument and acknowledged to me that he/she/they executed the same in his/her/their
L
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
_
or the entity upon behalf of which the person(s) acted, executed the instrument. c
I certify under PENALTY OF PERJURY under the laws of the State of California that the
a
CD
foregoing paragraph is true and correct.
rn
ti
WITNESS my hand and official seal. to
Signature (Seal)
N
Ln
M
C
1
N
'a
I
M
$; L
i i)
.r-
E
t6
W
U
-: N i
_
3
O
U
s
t
X
w
w
c
m
E
U
a
Administration Guide for the California Youth Soccer 18 Deed Restriction
and Recreation Development Program
Packet Pg. 546
Scope Change Requests ^
To maintain the integrity of the competitive grant award process, a SCOPE CHANGE
request will be carefully evaluated and must be approved by OGALS in writing (see 2
CONTRACT provision B.2.). This includes removal or addition of, or significant
modification to, the scope items listed in the original GRANT SCOPE/Cost Estimate Form. Q
OGALs discourages proposals that eliminate or greatly reduce a PROJECT'S recreational a
use or capacity.
c�
Therefore, SCOPE CHANGE proposals must include the documents listed below. Any 0
revised documents must satisfy the requirements described in the Application Checklist M
in the Application Guide for the related program. In addition, each document must
include a revision date on the top right corner.
Y
1. A proposal letter signed by the AUTHORIZED REPRESENTATIVE. Contact your 0
PROJECT OFFICER to Confirm the Information that must be Included in the letter. L
The type of information varies based on the proposed SCOPE CHANGE. In general a
you will need to include:
Y
A description of the proposed SCOPE CHANGE, including a comparison
between the original GRANT SCOPE and the proposed GRANT SCOPE'S range of
to
recreational opportunities, projected number of users, and projected operating
hours. tO
• An explanation of why the scope change is necessary. LO
I
• A comparison of the community based planning process used, if applicable, c
to develop the original GRANT SCOPE and the proposed GRANT SCOPE. 4-
• If the requested SCOPE CHANGE is due to an unforeseen shortage of funds,
provide information about your attempts to obtain funding from other local, �l
state, federal, or private sources to complete the original GRANT SCOPE. 0
w
Y
2. A revised GRANT SCOPE/Cost Estimate Form.
E
3. A new CEQA Compliance Certification Form if the change involves adding a D
scope item not covered by the existing CEQA Compliance Certification Form.
_ U
4. A revised site plan showing the addition, removal, or modification of the scope °I
item(s).
0
U
Y
S
X
W
Y
E
v
c�
Y
Y
Q
Administration Guide for the California Youth Soccer 19 Scope Change Requests
and Recreation Development Program
Packet Pg. 547
i
Fidelity Bond (For Non-profit GRANTEES only)
Non-profit GRANTEES must provide a copy of a current Fidelity Bond policy to their =
PROJECT OFFICERS before any payment requests can be approved by OGALS.
The premium for a Fidelity Bond is an ELIGIBLE COST. a
a
A Fidelity Bond provides insurance covering fraudulent acts of GRANTEES' employees,
volunteers, officers, and directors. The GRANTEE is the insured party. DPR must be 0
named as a Third Party Loss Payee, i.e., the same as a mortgage company on a home 0
loan. The DPR address is: State of California, Dept. of Parks and Recreation, P.O. Box
942896, Sacramento, CA 94296-0001, Attn: Office of Grants and Local Services.
Coverage must be at least equal to the GRANT amount. Fidelity Bond insurance must be
kept current for at least six months after the date of the final GRANT payment. 0
Y
GRANTEES may obtain the Fidelity Bond through a general liability carrier, a major
a.
casualty insurance carrier, or a bonds specialty company. A list of Fidelity Bond
frequently asked questions is available on the OGALS web site at n
www.parks.ca.gov/grants
N
I
R!
C
4=
U
I
I
G
O
r
la
L
N
E
I
d
U
U
0
rn
I
0
U
s
t
x
w
c
m
E
U
M
V
Q
Administration Guide for the California Youth Soccer 20 Fidelity Bond
and Recreation Development Program
Packet Pg. 548
5.O.b
Three-Bid Process (For Non-profit GRANTEES only)
Non-profit GRANTEES must attempt to obtain three bids before awarding a contract on a
GRANT-funded PROJECT for services (greater than $5,000), and for construction work 2
(greater than $25,000), thus ensuring state funds are spent responsibly.
CL
sz.
Process: a
1. Non-profit GRANTEE attempts to obtain three bids for services (greater than $5,000) CD
and for construction work (greater than $25,000). 0
2. To ensure that bidders understand the required PROJECT elements, the non-profit
GRANTEE provides each bidder (potential contractor) the same written invitation for M
bid describing the PROJECT work to be performed based on "Best Value" factors, and
the required PROJECT elements based on the Grant Scope/Cost Estimate Form, and 0
concept level site plan.
a
3. Solicit bids by contacting at least three potential contractors or by invitation for bids r
advertising, or a combination of both methods. n
The non-profit GRANTEE's Board of Directors evaluates the bids to determine which
to
contractor will provide the "best value" and will meet PROJECT requirements. "Best 7
value" should be determined by price, quality of materials, equipment, and
workmanship. The evaluation process must ensure no conflict of interest between the N
contractor and the non-profit GRANTEE's Board of Directors. The non-profit GRANTEE's LOl
Board of Directors need not necessarily accept the lowest bid, but a reasonable
justification for the decision should be recorded in writing. )
4. The Board of Directors selects a contractor and awards a contract.
_
5. For audit purposes, the GRANTEE keeps records of Steps 1 —4 above.
L
N
C
Waiver of Three-Bid Requirement E
M
The non-profit GRANTEE may request a waiver of the three-bid process requirement. To
request a waiver, the GRANTEE must send a written request to the PROJECT OFFICER
assigned to the grant PROJECT and explain why a waiver is required. 0
I
0
U
X
W
_
d
tt
Q
Administration Guide for the California Youth Soccer 21 Three-Bid Process
and Recreation Development Program
Packet Pg. 549
5.O.b
Eligible and Ineligible Costs
NON-CONSTRUCTION COSTS Include expenses incurred prior to ground breaking, as well as o
costs associated with grant administration. No more than 25% of the GRANT amount may be 2
spent on NON-CONSTRUCTION COSTS. Additionally, if the grantee committed match for this
project, these costs are not eligible for REIMBURSEMENT.
a
a
r
ELIGIBLE CONSTRUCTION COSTS
Up to 100% Of GRANT Amount c
(Only within the PROJECT SITE
EXAMPLES
_ d
• Site preparation, grading, demo 5
• Installation of natural turf or other surface >_
• Purchase and installation of permanent equipment: i.e. sprinkler systems, a
software (as part of a new system), basketball standards, backstops, goal posts, r
field lighting.
Cn
• Construction supplies and materials: may be drawn from central stock if
claimed costs are no higher than supplies or materials purchased elsewhere.
• Construction equipment owned by GRANTEE: equipment owned by the
GRANTEE may be charged to the GRANT for each use. Rental rates published by N
the California Department of Transportation may be used as a guide. For audit
purposes, a report or source document must describe the work performed, cl
indicate the hours used, relate the use to the GRANT SCOPE, and must be signed
by the operator or supervisor.
• Construction equipment rented or purchased by GRANTEE: Equipment may
be rented or purchased, whichever is the most economical use of grant funds.
For purchased equipment, the GRANT will pay for the rental price equivalent in
proportion to the time the purchased equipment is used on the GRANT SCOPE N
(Rental rates published by the California Department of Transportation may be S
used as a guide). The GRANT will pay for the total cost of the equipment if the
purchase price is less than the rental price equivalent. Any funds earned by the ail
GRANTEE from the sale of equipment purchased with the GRANT must be spent on
the PROJECT. NI
• Construction management: i.e. scheduling mobilization, directing equipment,
materials, construction personnel, site inspections °,
• Employee services: for direct costs related to construction. Time and U
attendance records must be maintained as charges are incurred, recording the
actual time spent on the PROJECT, and describing the specific work. Salary and w
wages must be calculated according to the GRANTEE'S wage and salary scales,
and may include benefits. For more information see the accounting rules for
employee services explained In the GRANT ADMINISTRATION GUIDE.
Administration Guide for the California Youth Soccer 22 Eligible Costs
and Recreation Development Program
Packet Pg. 550
5.O.b
ELIGIBLE NON-CONSTRUCTION COSTS =
Maximum 25% of GRANT amount °-
(Only eligible for reimbursement if not receiving match points)
.Q
a
EXAMPLES Q
L
� • Plans, specifications, construction documents, and cost estimates �
• Permits o
• Premiums on hazard and liability insurance to cover personnel or property
• Fidelity bond premium cost: see GRANT ADMINISTRATION GUIDE
• Bid packages
• Employee services: for direct costs related to grant administration/ accounting. 0
Time and attendance records must be maintained as charges are incurred,
recording the actual time spent on the PROJECT, and describing the specific work. a
Salary and wages must be calculated according to the GRANTEE'S wage and
salary scales, and may include benefits. For more information see the
accounting rules for employee services explained in the GRANT ADMINISTRATION
GUIDE. tD
7T_
• Grant administration/accounting: i.e. completion and submission of forms, W
r
payment requests. N
L;
I
4-
I
INELIGIBLE COSTS
Cannot be charged to the GRANT
EXAMPLES
L
• Outside the GRANT PERFORMANCE PERIOD: costs incurred before or after the C
GRANT PERFORMANCE PERIOD. E
• Indirect costs: overhead business expenses of the GRANTEE'S fixed or ordinary �l
operating costs: (rent, mortgage payments, property taxes, utilities, office v
supplies). y
• Beautification/Landscaping that doesn't directly support the recreation venue )
• Software (not related to the GRANT SCOPE) 0
• Acquisition Costs L)
• Outside PROJECT SITE boundaries: Streets, traffic lights, electricity, water mains
or other infrastructure not located within the PROJECT SITE. W
r
• CEQA Costs =
• Fundraising
• Food
Grant Writing
Administration Guide for the California Youth Soccer 23 Eligible Costs
and Recreation Development Program
Packet Pg. 551
Grant Payments
This section is organized by the three types of payments:
0
• ADVANCE payments (see below)
• REIMBURSEMENT payments (See page 25) Q
• Final payment (seepage 26) a
GRANT payments before the final payment may not exceed 80% of the GRANT amount. 2
20% of the GRANT amount is retained for the final payment as a REIMBURSEMENT. 0
0
The GRANTEE should group costs together to avoid frequent payment requests.
Payment requests greater than $10,000 are encouraged. v
Payment requests are processed through the State Controller's Office and are mailed to
the GRANTEE approximately six weeks from the date the request is approved by OGALS.
0
OGALS will not approve payment requests if they do not meet the requirements Y
described In this GRANT ADMINISTRATION GUIDE. a
aD
Advance Payments
Cn
ADVANCE payments are made at the discretion Of OGALS. OGALS considers ADVANCE rn
payments as a privilege and reserves the right to disapprove ADVANCE payments. v
There are two types of ADVANCE payments: NON-CONSTRUCTION ADVANCE and fD
CONSTRUCTION ADVANCE
ui
I
NON-CONSTRUCTION ADVANCE
c
Payment When to Documents to
Type Request Send to PROJECT OFFICER zs
NON- After the GRANT . Payment Request Form
CONSTRUCTION CONTRACT has • Payment Schedule and reason (see page 25) o
ADVANCE(S) up been • Deed Restriction (if the land is owned by GRANTEE)
to 25% of ENCUMBERED • Fidelity bond for non-profit GRANTEES
GRANT amount
ra
CONSTRUCTION ADVANCE �l
Payment When to Request Documents to
Type Send to PROJECT OFFICER Cn
ADVANCE(S) After the GRANT • Payment Request FormI
up to 50% CONTRACT has been • Payment Schedule and Reason (see page 25)
Of GRANT ENCUMBERED, and • Copy of signed construction contract and a notice
amount construction will to proceed (between GRANTEE and contractor). If
commence during this not applicable, state on the Payment Schedule x
the next six months that GRANTEE'S own employees will perform the W
u
construction.
• Deed Restriction (if the land is owned by GRANTEE) _
• Fidelity bond for non-profit GRANTEES cu
Q
Administration Guide for the California Youth Soccer 24 Grant Payments
and Recreation Development Program
Packet Pg. 552
5.O.b
Payment Schedule and Reason
A payment schedule is required for an ADVANCE. The payment schedule must provide
the following information: 2
o
• A month by month estimate, up to six months, showing the anticipated Q
amount needed. ¢
• To Which entity the GRANTEE WIII pay using the ADVANCED funds (FORCE
ACCOUNT or name of contractors).
c
• An explanation about why an ADVANCE is needed, instead of requesting a
REIMBURSEMENT after the GRANTEE Incurs the costs.
Six Month Advance Period - Documenting expenditure of advanced funds and interest
GRANT funds ADVANCED and any interest earned, must be spent on ELIGIBLE COSTS within 0
six months and documented on the Grant Expenditure Form. L
Six Month Advance Period - Returning Unexpended Advanced Funds or Interest '
The balance of unspent GRANT funds must be returned to OGALs no later than thirty days "'
after the end of the six month ADVANCE period. OGALS Will then return the GRANT funds to �
the CONTRACT balance. OGALS cannot return interest to the CONTRACT balance.
to
• If interest was earned on the ADVANCED funds, spend the interest on ELIGIBLE
COSTS, and return the unspent GRANT funds to OGALS. N
Sri
I
Subsequent Advances
A Grant Expenditure Form documenting expenditure of the total amount of previously �l
ADVANCED funds plus interest must be provided to OGALs before additional payments
can be approved. =I
0
• This requirement may be waived in cases where a PROJECT requires timely
payments to contractors, and the remaining balance of unspent ADVANCED
funds cannot cover the next PROJECT payment. The following items are
required to request a waiver:
1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE,
explaining why the waiver is needed. o
N
2. A Grant Expenditure Form documenting that the majority of ADVANCED funds )
have been spent. o
3. A payment schedule with a month by month estimate showing the anticipated U
1.
amount needed including the unspent balance of previously ADVANCED funds,
along with the additional requested ADVANCE. w
Reimbursement Payments
E
There are two types of REIMBURSEMENT payments before the final payment, NON-
CONSTRUCTION REIMBURSEMENT and CONSTRUCTION REIMBURSEMENT
Q
Administration Guide for the California Youth Soccer 25 Grant Payments
and Recreation Development Program
Packet Pg. 553
5.O.b
NON-CONSTRUCTION REIMBURSEMENT
Payment Type When to Request Document to c
Send to PROJECT OFFICER
NON-CONSTRUCTION After the CONTRACT . Payment Request Form
REIMBURSEMENT(S) has been . Grant Expenditure Form
up to 25% Of GRANT ENCUMBERED . Deed Restriction (if the land is owned by
amount GRANTEE) t�
• Fidelity Bond for non-profit GRANTEES. o
CONSTRUCTION REIMBURSEMENT
a�
Payment Type When to Request Documents to
Send to PROJECT OFFICER >"
REIMBURSEMENT of After the CONTRACT . Payment Request Form
up to 80% of is ENCUMBERED and . Grant Expenditure Form
GRANT amount the GRANTEE . Deed Restriction (if the land is owned by
before final incurred costs for GRANTEE)
payment work related to the . Fidelity Bond for non-profit GRANTEES.
GRANT SCOPE �?
Final Payments
LO
For the recommended deadline to request a final payment, see page 1 item 5. 7l
The final payment (20% retention of the GRANT amount) will be processed after PROJECT �l
COMPLETION and the following is approved by OGALS:
0)
1. Approval of the GRANT COMPLETION PACKET (see page 30) and additional required =I
documents in the charts below. 2
i
2. Site Inspection by the PROJECT OFFICER to verify PROJECT COMPLETION. y
Payment Type When to Request Documents to
Send to PROJECT OFFICER �l
L
Final After the GRANTEE • GRANT COMPLETION PACKET
(20% retention of completes the . Deed Restriction (if the land is owned o
GRANT amount) GRANT SCOPE by GRANTEE)
• Fidelity bond for non-profit GRANTEES. o
a
U
t
x
w
c
m
E
U
Administration Guide for the California Youth Soccer 26 Grant Payments
and Recreation Development Program
Packet Pg. 554
S.O.b
Payment Request Form
State of California-The Resources Agency
DEPARTMENT OF PARKS AND RECREATION =
O
trr
V
PAYMENT REQUEST Q
State Grant Programs Q
See instructions on reverse. L
1. PROJECT NUMBER 2. CONTRACT NUMBER
C
O
3. GRANTEE
d
L
U
O
4. PROJECTTITLE
O
O
5. TYPE OF PAYMENT }
Y
❑Advance ❑ Reimbursement E]Final
(L
6. PAYMENT INFORMATION
Round all figures to the nearest dollar)
.r+
N
a. Grant Amount $
ti
co
b. Funds Received To Date $
ca
c. Available(a. minus b.) $
N
d. Amount Of This Request $ LO
I
e. Remaining Funds After This Payment(c. minus d.) $ c
4=
I
N
7. SEND WARRANT TO:
os
AGENCY NAME I
C
O
STREETADDRESS i
h
C_
CITY/STATE/ZIP CODE E
t4
I
ATTENTION
V
CS
O
fA
I
.0
8. 1 represent and warrant that I have full authority to execute this payment request on behalf of the Grantee. I declare under penalty of perjury,under the laws +'
of the State of California,that this report,and any accompanying documents,for the above payment request are true. _
SIGNATURE OF POSITION AUTHORIZED IN RESOLUTION TITLE DATE
V
F7R Ci4ftE(1I.A flFAIIYAEf :{fi RAf2K :.4Mlfl<RECF4T QNL. ..
L
X
w
PAYMENT APPROVAL SIGNATURE DATE
i.:
C
O
E
(Front)(Excel)(Rev.51412005)
U
N
a
Administration Guide for the California Youth Soccer 27 Payment Request Form
and Recreation Development Program
Packet Pg. 555
5:a.b
Payment Request Form Instructions
• Legibly type or print all entries o
• Round off all amounts to the nearest dollar M
The following instructions correspond to items on the Payment Request Form: Q
1. PROJECT Number - The number assigned by OGALS to the PROJECT
_
0
2. CONTRACT Number - As shown in Certification of Funding section of the
CONTRACT
w
3. GRANTEE - GRANTEE name as shown On the CONTRACT
0
0
4. PROJECT Title - Name of the PROJECT as shown in the Application L
a
5. Type of Payment— check appropriate box on form.
r
6. Payment Information
ti
a. GRANT amount
b. Funds received to date - amount paid out from this GRANT
c. Available - (a. minus b.)
I
d. Amount of this request
w
e. Remaining funds after this payment - (c. minus d.) �l
a�
7. Send Warrant To - GRANTEE name, address and contact person of
8. Signature Of AUTHORIZED REPRESENTATIVE. N
.E
E
ca
I
m
v
U
O
y
I
L
r
O
U
t
X
W
_
O
E
V
R
a
Administration Guide for the California Youth Soccer 28 Payment Request Form
and Recreation Development Program
Packet Pg. 556
Ar
GRANT Expenditure Form
c
0
PROJECT Number c
Q
a
a
Non-
Warrant/Check# (1) Date (2) Recipient (3) Purpose (4) Construction Construction
Amount 5 Amount 6 0
a�
L
0
L
0.
.V
NON-CONSTRUCTION Subtotal (5) $
N
Construction Subtotal (6) $ �l
0
c
Grand Total (5) + (6) $ a l
List only ELIGIBLE COSTS charged to the GRANT.
c
Column (1) Use of electronic payment numbers/electronic funds transfer numbers in the 2
"Warrant/Check Number" column is acceptable. Please include an "EP" next to the
electronic payment numbers/electronic funds transfer numbers.
If FORCE ACCOUNT LABOR Or GRANTEE'S own equipment was used, a work order or other 'a
tracking number can be used instead of a check/warrant number (see page 32). cLa�
d
Column (2) Date payment was made to recipient. If FORCE ACCOUNT LABOR was used, the o
date that the work was performed may be used. �l
Column (3) Name of Contractor, FORCE ACCOUNT LABOR, or other entity performing work.
0
Column (4) Brief description of cost, such as "design", "permits", "construction."
Y
Column (5) NON-CONSTRUCTION costs subject to the 25% Cap (see ELIGIBLE COSTS, page 22). s
Column (6) DEVELOPMENT costs eligible for up t0 100% Of GRANT amount. uj
(see ELIGIBLE COSTS, page 22).
c
m
E
An electronic version of this form is available at www.parks.ca.gov/grants.
GRANTEES may use their own spreadsheet if it contains the required information shown above. .2
a
Administration Guide for California Youth Soccer 29 Grant Expenditure Form
and Recreation Development Program
Packet Pg. 557
,rrlrr
5.O.b
Grant Completion Packet
To request the final payment and close out the GRANT, the GRANTEE must provide the
following three documents after PROJECT COMPLETION. (For the recommended deadline
to request a final payment, see page 1 item 5.) a
a
1. Payment Request Form (page 27) L
0
2. GRANT Expenditure Form (page 29) w o
3. PROJECT COMPLETION Certification (page 31)
a
OGALS recommends that the GRANTEE file a "Notice of Completion" with the
County Recorder pursuant to Civil Code §3093. The purpose of the "Notice of >0_
Completion" is to limit the period of time when a mechanic's lien may be recorded
against a construction project. Filing the "Notice of Completion" is not a GRANT �-
d
completion requirement. cu
a)
r-.
to
N
tf)
I
C
'v=
d
I
a
c
I
0
crs
L
Y
N
E
c4
I
L
W
v
U
O
N
O
U
t
x
W
c
0
E
s
U
ca
a
Administration Guide for the California Youth Soccer 30 Grant Completion Packet
and Recreation Development Program
Packet Pg. 558
i�17A A7s
PROJECT COMPLETION Certification
Grantee: PROJECT Number: o
r
co
Grantee contact for audit purposes U
.Q
n.
Name: Q
L
Address: c7
c
0
Phone: (_) Email:
a�
L
PROJECT COMPLETION—list the FEATURES and MAJOR SUPPORT AMENITIES developed and/or the
property acquired (use additional pages, if needed):
0
List other funds (sources and amounts) used on Project(use additional pages, if needed):
0
a
d
Interest earned on advanced Grant funds: $
Interest spent on ELIGIBLE COSTS: $
rn
Did the Grantee file a "Notice of Completion"with the county recorder? Yes_No_ v
Certification:
It
I hereby certify that all Grant funds were expended on the above named Project and that the Project N
is complete and we have made final payment for all work charged to the Grant. WI
ei
I have read California Penal Code §118 and understand that every person who testifies, declares, _
deposes, or certifies under penalty of perjury and willfully states as true any material matter which he a)I
or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment is state •2
prison for two, three, or four years.
_
Furthermore, I have read California Penal Code §72 and understand that every person who, with the o
intent to defraud, presents for allowance or for payment to any state board or officer, or to any
county, city, or District board or officer, authorized to allow or pay the same if genuine, any false or N
fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable =
either by imprisonment in county jail for a period of not more than one year, by a fine not exceeding
one thousand dollars, or both, or by imprisonment in state prison, by a fine not exceeding ten LI
thousand dollars, or both.
U
1 represent and warrant that I have full authority to execute this Project Completion Certification on 0
1
behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of Project
Completion for the above-mentioned Grant is true and correct. 0
0
a
U
Grantee's AUTHORIZED REPRESENTATIVE Title of the position authorized in the Resolution -2
(Printed or typed name) w
a.:
c
Grantee's AUTHORIZED REPRESENTATIVE Date
(Signature) _
0
Administration Guide for the California Youth Soccer 31 Project Completion Certificate
and Recreation Development Program
Packet Pg. 559
ACCOUNTING AND AUDITS
Contact the DPR Audits Office at (916) 657-0370 for questions about the following c
requirements.
.Q
Accounting Requirements a
Grantees must use accounting practices that: L
c�
• Provide accounting data that clearly records costs incurred on the PROJECT o
and accurately reflects fiscal transactions, with the necessary controls and
safeguards. P
• Provide good audit trails, especially the source documents (purchase orders,
receipts, progress payments, invoices, time cards, cancelled warrants, o
warrant numbers, etc.) specific to the PROJECT. >-
Accounting Rules for Employee Services (FORCE ACCOUNT LABOR) a
Grantees must follow these accounting practices for employee services:
• Maintain time and attendance records as charges are incurred, identifying the
employee through a name or other tracking system, and that employee's
actual time spent on the PROJECT. to
r
• Time estimates for work performed on the PROJECT are not acceptable. N
I
• Time sheets that do not identify the specific employee's time spent on the LOl
I PROJECT are not acceptable.
• Costs of the salaries and wages must be calculated according to the
GRANTEE'S wage and salary scales, and may include benefit costs such as
"workers' compensation." QI
• Overtime costs may be allowed under the GRANTEE's established policy,
provided that the regular work time was devoted to the same PROJECT. N
State Audit
I
Grants are subject to audit by DPR. (See page 33, Audit Checklist). All PROJECT Q
records must be retained for five years after final payment was received. o
The GRANTEE must provide the following when an audit date and time has been YI
I confirmed by DPR: 0
• All PROJECT records, including the source documents and cancelled warrants, L)
w
books, papers, accounts, time sheets, or other records listed in the Audit s
I Checklist or requested by DPR. w
• An employee having knowledge of the PROJECT and its records to assist
DPR's auditor. E
I a
Administration Guide for the California Youth Soccer 32 Accounting and Audits
and Recreation Development Program
Packet Pg. 560
S.O.b
Audit Checklist
�Ir An audit of the PROJECT may be performed before or following PROJECT COMPLETION. Listed
below are some of the items the auditor will examine during the review. The GRANTEE must o
have these records available in a central location ready for review once an audit date and .2
time has been confirmed. Contact DPR's Audits Office at (916) 657-0370 for questions
about audit requirements. a
Q
CONTRACTS =
ca
L
Summary list of bidders(including individual bid MINOR
packages) CONTRACTS/MATERIALS/SERVICES/EQUIPMENT 0
RENTALS
Recommendation by reviewer of bids
Purchase orders/Contracts/Service Agreements U
Awarding by governing body(minutes of the a)
W
meeting/resolution) Invoices
O
Construction contract agreement Payments(actual cancelled checks/warrants, >_
CONTRACT statements and EFT receipts,etc.**)
CONTRACT bonds(bid, performance, payment)
CONTRACT change orders ACQUISITION a�
is
Contractor's progress billings Appraisal Report cn
Payments to contractor(cancelled Did the owner accompany the appraiser?
checks/warrants, bank statements and EFT
receipts,etc.**) 10 year history
to
Stop Notices(filed by sub-contractors and release Statement of just compensation (signed by seller) 7q
if applicable) c14
Waiver of just compensation(if purchased below uil
Liquidated damages(claimed against the appraisal: signed by seller)
contractor) _
Final Escrow Closing Statement "=1
Notice of completion(recorded) a)
Cancelled checks/warrants, bank statements and
EFT receipts, etc.**(payment(s)to seller(s))
FORCE ACCOUNT LABOR* _
GRANT deed(vested to the participant)or final O
Authorization/work order identifying project order of condemnation
Daily time sheets signed by employee and Title insurance policy(issued to participant) N
supervisor
Relocation documents .a
Hourly rate(salary schedules/payroll register) tts
Income(rental, grazing,sale of improvements, LI
Fringe benefits(provide breakdown) etc.)
U
O
Cn
IN-HOUSE EQUIPMENT* INTEREST cl
O
Authorization/work order Schedule of interest earned on State funds O
advanced. Interest on grant ADVANCES is
U
Daily time records identifying the project site accountable, even if commingled in a pooled fund
account and/or interest was never allocated back
Hourly rate related backup documents to the grant fund.
X
w
AGREEMENT/CONTRACTS
* Estimated time expended on the projects is not
acceptable. Actual time records and all Leases, agreements, etc., pertaining to E
supporting documentation must be maintained developed/acquired property
v
as charges are incurred and made available for
verification at the time of audit. Q
** Front and back if copied.
Administration Guide for the California Youth Soccer 33 Audit Checklist
and Recreation Development Program
Packet Pg. 561
DEFINITIONS
Capitalized words and terms used in this procedural guide are defined below. o
ADVANCE — payment made to the GRANTEE for work that will occur in the future or work a
that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid Q
for by the GRANTEE. _
APPLICANT — an entity which does not yet have an ENCUMBERED CONTRACT with DPR. 0
c
APPLICATION—the Application Form and attachments submitted by an APPLICANT to OGALS 0
to request GRANT funding through a competitive process and to describe the proposed
use of the GRANT as required by the "Application Guide for the California Youth Soccer
and Recreation Development Program."
APPROPRIATION DATE —when program funding is authorized by the legislature. This date
starts the GRANT PERFORMANCE PERIOD and CONTRACT PERFORMANCE PERIOD. L
co
AUTHORIZED REPRESENTATIVE — the APPLICANT'S/GRANTEE's designated position a.
v
authorized In the Resolution to sign all required GRANT documents. The AUTHORIZED
REPRESENTATIVE may designate an alternate by Informing OGALS In writing.
rn
CEQA— the California Environmental Quality Act as stated in the Public Resources Code
§21000 et seq.; Title 14 California Code of Regulations §15000 et seq. CEQA is a law
establishing policies and procedures that require entities to identify, disclose to decision
makers and the public, and attempt to lessen significant impacts to environmental and N
historical resources that may occur as a result of the entities' proposed PROJECT. For LO I
more information refer to http://ceres.ca.gov/cega/. c
CONSTRUCTION COSTS—costs incurred when ground-breaking construction activities such -0a1
as site preparation, grading, or gutting begins, and continuing to the end of the GRANT
PERFORMANCE PERIOD.
c
0
CONTRACT — an agreement between the DPR and the GRANTEE specifying the
performance of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, and other
GRANT obligations between the GRANTEE and DPR. r_
CONTRACT PERFORMANCE PERIOD — the twenty or thirty year agreement between the DPR
and the GRANTEE specifying the performance of the contractual GRANT obligations U
between the GRANTEE and DPR. The twenty or thirty year period is shown on the o
CONTRACT and page 2 of this guide. =1
DEVELOPMENT — the physical improvement of real property including the construction of o
facilities or structures.
DPR — the California Department of Parks and Recreation.
ELIGIBLE COSTS — expenses incurred during the GRANT PERFORMANCE PERIOD to Complete w
the GRANT SCOPE approved by OGALS through an ENCUMBERED CONTRACT.
a�
ENCUMBERED—When the CONTRACT Is signed by the AUTHORIZED REPRESENTATIVE and E
DPR. At this point the funds are reserved by the state for the purpose of funding PROJECT w
related costs. a
Administration Guide for the California Youth Soccer 34 Definitions
and Recreation Development Program
Packet Pg. 562
FORCE ACCOUNT LABOR — use Of the GRANTEE'S employees working On the GRANT SCOPE.
GRANT —funds made available to a GRANTEE for Completion Of the GRANT SCOPE during
the GRANT PERFORMANCE PERIOD. 2
ro
GRANT AWARD ANNOUNCEMENT— a letter issued by OGALS to notify successful APPLICANTS .2
of the intended grant amount at the conclusion of the competitive APPLICATION review
process.
L
GRANT COMPLETION PACKET —The documents listed on page 30 that are required in order t9
to request final GRANT payment following PROJECT COMPLETION. 0
GRANTEE— an entity having an ENCUMBERED CONTRACT with DPR.
ra
GRANT PERFORMANCE PERIOD — period Of time that ELIGIBLE COSTS may be incurred by the W
GRANTEE and charged to the GRANT, as Specified in the ENCUMBERED CONTRACT.
0
GRANT SCOPE —All items listed in the GRANT SCOPE/Cost Estimate Form that must be
completed prior to final GRANT payment.
0.
NON-CONSTRUCTION ADVANCE— payment by OGALS made to the GRANTEE subject to the
25% cap on the grant amount for planning, design, permits, and other work before
construction can begin. The costs have not yet been paid for by the GRANTEE (see
ADVANCE .
NON-CONSTRUCTION COSTS—Costs Incurred subject t0 the 25% cap on the grant amount
during the planning, design, and permit phase of the PROJECT before construction can N
begin. LOl
NON-CONSTRUCTION REIMBURSEMENT—payment by OGALS made to the GRANTEE subject c
to the 25% cap on the grant amount for planning, design, permits, and other work �l
before construction can begin. The costs have been paid for by the GRANTEE. (See
definition Of REIMBURSEMENT).
c
OGALS— DPR'S Office of Grants and Local Services. 2
c�
L
PROJECT — the GRANT SCOPE items. N
PROJECT COMPLETION — when the GRANT SCOPE items are complete and the facilities are ;
open and useable by the public. '0�
PROJECT OFFICER— an OGALs employee who acts as a GRANT administration contact for
APPLICANTS and GRANTEES. 0
I
REIMBURSEMENT — GRANT payment made to the GRANTEE after the GRANTEE incurred
costs by making a payment to a contractor or vendor. 0
SCOPE CHANGE— Removing, modifying or adding a GRANT SCOPE item, changing the
PROJECT utility; also Changes to the PROJECT location.
x
w
c
m
E
v
c�
Q
Administration Guide for the California Youth Soccer 35 Definitions
and Recreation Development Program
Packet Pg. 563
5.O.c
1 RESOLUTION NO.
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
3 BERNARDINO RATIFYING THE SUBMISSION OF THE APPLICATION FOR
4 YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM GRANT FUNDS
AND AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF THE GRANT
5 FUNDS UPON AWARD.
c
0
6 WHEREAS, the State Department of Parks and Recreation has been delegated the v
.Q
7 responsibility by the Legislature of the State of California for the administration of the Youth Q
8 Soccer and Recreation Development Program, setting up necessary procedures governing the i
9 application: and c
10 WHEREAS, said procedures established by the State Department of Parks and
L
v
11 Recreation require the Applicant to certify by resolution the approval of application before
12 submission of said application to the State: and c
r
13 WHEREAS, successful Applicants will enter into a contract with the State of California Y
n.
14 to complete the Grant Scope project. ,
15 "
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
16 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: ='-
0
17 m
SECTION 1. That the filing of an application for the San Bernardino Soccer Complex
18 iv
Project is hereby ratified. x
19 0
SECTION 2. That the City of San Bernardino has or will have available, prior to a
20 0
commencement of any work on the project included in this application, the sufficient funds to v
21 complete the project. o
22 0
SECTION 3. That if the project is awarded, the City of San Bernardino has or will have
23 sufficient funds to operate and maintain the project. _
24 SECTION 4. That the City of San Bernardino has reviewed, understands, and agrees to Q
25 the General Provisions contained in the contract shown in the Grant Administration Guide.
26 SECTION 5. That the City Manager is hereby authorized to conduct all negotiations,
27 sign and submit all documents, including,but not limited to applications, agreements,
28
1
Packet Pg. 564
5.O.c
1 amendments, and payment request, which may be necessary for the completion of the Grant
2 Scope.
3 SECTION 6. That the City agrees to comply with all applicable federal, state and local
4 laws, ordinances,rules,regulations and guidelines.
///
5
/// o
6 s
///
7 a
/// Q
Y
8
/L^
V
9 /// o
10 /// i
U
N
11 ///
Y
12 /// 0
13
a
14
Y
N
15
16 d
0
17 ai
Y
c
18 /// 0
x
19 /// a
E
20 0
L
m
21 /// v
0
22 ///
Y
c
m
23 /// E
24 /// +°
Y
Q
25 ///
26 ///
27
///
28
2
Packet Pg. 565
5.O.c
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO RATIFYING THE SUBMISSION OF THE APPLICATION FOR
2 YOUTH SOCCER AND RECREATION DEVELOPMENT PROGRAM GRANT FUNDS
3 AND AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF THE GRANT
FUNDS UPON AWARD.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
c
6 Common Council of the City of San Bernardino at a meeting thereof, held on the
day of , 2016,by the following vote,to wit:
d CL
r
8 Council Members: AYES NAYS ABSTAIN ABSENT
t�
9 =
MARQUEZ
10
11 BARRIOS
r
12 VALDIVIA o
13 SHORETT
14 NICKEL
15
o>
RICHARD v
16
0
17 MULVIHILL
c
18
L
Georgeann Hanna, City Clerk x
19
20 The foregoing resolution is hereby approved this day of , 2016. o
L
a�
21 U
v
0
U)
22
R. Carey Davis, Mayor
23 City of San Bernardino E
Approved as to Form: U
24 Gary D. Saenz, City Attorney
d
25
26 By:
27
28
3
Packet Pg. 566