12-065 SCC Park Phase 1, 2002 Resources Bond Act 7\'‘GO2,V% State of California • The Resources Agency Arnold Schwarzenegger, Governor
�TF PPS® DEPARTMENT OF PARKS AND RECREATION • P.O. Box 942896 •Sacramento, CA 94296-0001 Ruth Coleman, Director
(916) 651-8578
March 08, 2004
Therese Ambrosi Smith
Director, Parks Recreation
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Re: Roberti, Z'berg, Harris, Block Grant Program
Contract Number: CO209764
Dear Ms. Therese Ambrosi Smith:
Enclosed for your files is a copy of a fully executed contract for the above
referenced program. Please refer to your procedural guide for grant process
information. As a reminder, your project must comply with the Americans with
Disabilities Act of 1990 and any other laws and codes relating to individuals with
disabilities. If you have any questions, please contact me at (916) 651-8578 or e-
mail at srado @parks.ca.gov.
Sincerely,
Lt� 'try--
Steve Radosevich
Project Officer
Enclosure
State of California-The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2002 Resources Bond Act
Roberti-Z'berg-Harris Block Grant Program
GRANTEE City of Cupertino
THE PROJECT PERFORMANCE PERIOD is from July 01, 2003 thru June 30, 2011
The Grantee agrees to the terms and conditions of this Contract, and the State of California, acting through
its Director of Parks and Recreation pursuant to the Roberti-Z'berg-Harris Block Grant Program in the
California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Bond Act of 2002,
agrees to fund the Project up to the total State Grant Amount indicated.
These funds are for high priority projects that satisfy the most urgent park and recreation needs, with
emphasis on unmet needs in the most heavily populated and most economically disadvantaged areas
within each jurisdiction.
Total State Grant Amount not to exceed $129,165.00
City of C rtino The General and Special Provisions attached
tnt a are made a part of and incorporated into the
By ( Contract.
(Signature of Authorized Repr enta'ye)
STATE OF CALIFORNIA
e City Manager DEPARTMENT OF PARKS AND RECREATION
Date Z . (7 D 4 By )(,Cl/\/ '(n
Date \-PiV)( Z1 2_0-3
I hereby certify that the Grantee has met,or will meet,all federal,state and local environmental,public health,relocation,affirmative action,and
clearinghouse requirements and all other appropriate codes,laws and regulations prior to the expenditure of grant funds.(Public Resources Code
5626(d)
Signed C4:61-14 -41e3 -e
(Signed-Legal Counsel for Grantee) Date'
CERTIFICATION OF FUNDING(FOR STATE USE ONLY)
AMOUNT OF ESTIMATE CONTRACT NUMBER FUND.
$129,165.00 CO209764 2002 Resources Bond Act
ADJ.INCREASING ENCUMBRANCE APPROPRIATION
$
ADJ.DECREASING ENCUMBRANCE CALSTARS VENDOR NO.
$ 400000417500
UNENCUMBERED BALANCE LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR
$ 3790-101-6029(1)(b) 157 03 2003/04
T.B.A.NO. B.R..NO. INDEX. OBJ.EXPEND PCA.
1091 702 66011
eby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE F ACCOUNTING OFFICER DATE. �/
3/o4
Grant Contract
Special Provisions
General Provisions
A. Definitions
1. The term "Act"as used herein means the Appropriation for the Program.
2. The term"Application"as used herein means i:he individual Application and its required
attachments for grants pursuant to the enabling legislation and/or Program.
3. The term"Acquisition"means to obtain fee title or a lesser interest in real property, including
specifically, a conservation easement or development rights.
4. The term"Department" means the California Department of Parks and Recreation.
5. The term "Development" means including, bu:not limited to, improvement, Rehabilitation,
restoration, enhancement, Preservation, protection, and interpretation. Bond Act funds may only
be used for Capital Improvement.
6. The term"Grantee"as used herein means the party described as the Grantee on page 1 of this
Contract. The term"Project"as used herein means the Project described on page 1 of this
Contract.
7. The term"State" as used herein means the State of California Department of Parks and
Recreation.
B. Project Execution
1. Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a
sum of money(grant monies) not to exceed the amount stated on page 1 of this Contract, in
consideration of, and on condition that, the sum be expended in carrying out the purposes as set
forth in the Description of Project on page 1 of this Contract, and under the terms and conditions
set forth in this Contract.
Grantee shall assume any obligation to furnish any additional funds that may be necessary to
complete the Project. Any modification or alteration in the Project as set forth in the Application
on file with the State must be submitted to the State for approval.
2. The Grantee shall complete the Project in accordance with the time of Project Performance set
forth on page 1, and under the terms and conditions of this Contract.
3. The Grantee shall comply as lead agency with the California Environmental Quality Act(Public
Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section
15000 et. seq.)
4. The Grantee shall comply with all applicable current laws and regulations affecting Development
Projects, including, but not limited to, legal requirements for construction contracts, building
codes, health and safety codes, and laws and codes pertaining to individuals with disabilities.
5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion
by the State, to determine if Development work is in accordance with the approved Project
Scope.
2002 RZH Block Grant Procedural Guide
6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation
from the original Project Scope in writing to the State for prior approval. Changes in the Project
Scope must be approved in writing by the State and must meet the exact need described in the
original Project Application.
7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all
applicable state and local laws or ordinances affecting relocation and real property
Acquisition.
8. The Grantee shall provide for public access to Project facilities in accordance with the intent and
provisions of the enabling legislation and/or Program.
9. Grantees shall have (1)fee title, (2) lease hold or(3) other interest to the Project lands and
demonstrate to the satisfaction of the State that the proposed Project will provide public
benefits that are commensurate with the type and duration of the interest in land, as
determined by the State, that is held by the Grantee.
10. The Grantee shall maintain and operate the property funded for a period that is
commensurate with the type of Project and the proportion of state funds allocated to the
capital costs of the Project. With the approval of the State, the Grantee, or the Grantee's
successor in interest in the property, may transfer the responsibility to maintain and operate
the property in accordance with this section. The Grantee shall use the property only for the
purposes for which the grant was made and shall make no other use or sale or other
disposition of the property, except as authorized by specific Act of the Legislature. The
agreements specified in this section shall not prevent the transfer of the property from the
Grartee to a public agency, if the successor public agency assumes the obligations imposed
by those agreements. If the use of the property is changed to a use that is not permitted by
the category from which the grant funds were appropriated, or if the property is sold or
otherwise disposed of, an amount equal to (1) the amount of the grant, (2)the fair market
value of the real property, or(3)the proceeds from the sale or other disposition, whichever is
greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to
agreement with the State as specified in this section, or shall be reimbursed to the fund and
be available for Appropriation by the Legislature only for a purpose authorized by that
category. If the property sold or otherwise disposed of is less than the entire interest in the
property funded with the grant, an amount equal to either the proceeds from the sale or other
disposition of the interest or the fair market value of the interest sold or otherwise disposed
of, whichever is greater, shall be used by the Grantee for a purpose authorized by the
category from which the funds were appropriated, pursuant to agreement with the State as
specified in this section, or shall be reimbursed to the fund and be available for Appropriation
by the Legislature only for a use authorized by that category.
11. Lands or interests in land acquired with grant funds shall be acquired from a willing seller.
12. The Application shall be accompanied by certification from the Grantee's planning agency
that the Project for which the grant is requested is consistent with the Park and Recreation
element of the applicable city or county general plan, the District park and recreation plan, or
appropriate planning document, as the case may be and will satisfy a high priority need.
C. Project Costs
The Grant monies to be provided to the Grantee under this Contract may be disbursed as follows:
1. If the Project includes Acquisition of real property, the State may disburse to the Grantee the
grant monies as follows, but not to exceed, in any event, the total State grant amount set forth
on page 1 of this Contract:
2002 RZH Block Grant Procedural Guide
a. Up to a 10%advance of the total Project Amount
b. After the property is in escrow, the Grantee may request up to 80%of the total Project Grant
Amount as specified in the approved Application, or 100% of the actual Acquisition cost,
whichever is less. The Grantee shall immediately place these funds in escrow.
c. The remaining Project grant funds shall be paid up to the amount of the grant or the actual
Project cost, whichever is less, on completion of the Project and receipt of a detailed
summary of Project costs from the Grantee.
2. If the Project includes Development, the State may disburse to the Grantee the grant monies as
follows, but not to exceed in any event the total Project Grant Amount set forth on page 1 of this
Contract:
a. Up to a 10% advance of the total Project Grant amount.
b. On proof of award of a construction contract or commencement of construction by Force
Account, up to 80%of the total Project Grant Amount, not to exceed 80%of the total dollar
amount of any or all awarded construction contracts.
c. The remaining Project grant funds shall be paid up to the amount of the grant or the actual
Project cost, whichever is less, on completion of the Project and receipt of a detailed
summary of Project costs from the Grantee.
D. Project Administration
1. The Grantee shall promptly submit written Project reports as the State may request.
In any event, the Grantee shall provide the State a report showing total final Project
expenditures.
2. The Grantee shall make property and facilities developed pursuant to this Contract available
for inspection.upon request by the State.
3. The Grantee shall use any monies advanced by the State under the terms of this Contract
solely for the Project herein described.
4. If grant monies are advanced, the Grantee shall place these monies in a separate interest
bearing account,setting up and identifying such account prior to the advance. Interest
earned on grant monies shall be used on the Project, as approved by the State. If grant
monies are advanced and not expended, the unused portion of the grant shall be returned to •
the State within 60 days of completion of the Project or end of the Project Performance
Period, as shown on the signature page,whichever is earlier.
5. The Grantee shall use income earned by the Grantee from use of the Project to further
•
Project purposes, or, if approved by the State, for related purposes within the Grantee's
Jurisdiction.
E. Project Termination
1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be
available for Appropriation by the Legislature fo-one or more of the local assistance
programs that the Legislature determines to be the highest priority statewide.
2. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the
Project. After Project commencement this Contract may be rescinded, modified or amended
only by mutual agreement in writing between the Grantee and the State.
2002 RZH Block Grant Procedural Guide
3. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the
Act may be cause for suspension of all obligations of the State hereunder. However, such
failure shall not be cause for the suspension of all obligations of the State hereunder if in the
judgment of the State such failure was due to no fault of the Grantee. In such case, any amount
required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible
for reimbursement under this Contract.
4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the
terms of this Contract, is the Preservation, protection and net increase in the quantity and quality
of parks, public recreation facilities and/or Historical Resources available to the people of the
State of California and because such benefit exceeds to an immeasurable and unascertainable
extent, the amount of money furnished by the State by way of grant monies under the provisions
of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount
equal to the amount of the grant monies disbursed under this Contract by the State would be
inadequate compensation to the State for any breach by the Grantee of this Contract. The
Grantee further agrees therefore,that the appropriate remedy in the event of a breach by the
Grantee of this Contract shall be the specific performance of this Contract, unless otherwise
agreed to by the State.
5. The Grantee and the State agree that if the Project includes Development, final payment may
not be made until the Project conforms substantially to this Contract.
F. Hold Harmless
1. The Grantee shall waive all claims and recourse against the State including the right to
contribution for loss or damage to persons or property arising from, growing out of or in any way
connected with or incident to this Contract except claims arising from the concurrent or sole
negligence of the State, its officers, agents, and employees.
2. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and
employees against any and all claims, demands, damages, costs, expenses or liability costs
arising out of the Acquisition, Development, construction, operation or maintenance of the
property described as the Project which claims, demands or causes of action arise under
Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or
sole negligence of the State, its officers, agents, or employees.
3. The Grantee agrees that in the event the State is named as codefendant under the provisions of
Government Code Section 895 et. seq., the Grantee shall notify the State of such fact and shall
represent the State in the legal action unless the State undertakes to represent itself as
codefendant in such legal action in which event the State shall bear its own litigation costs,
expenses, and attorney's fees.
4. The Grantee and the State agree that in the event of judgment entered against the State and the
Grantee because of the concurrent negligence of the State and the Grantee, their officers,
agents, or employees, an apportionment of liability to pay such judgment shall be made by a
court of competent Jurisdiction. Neither party shall request a jury apportionment.
5. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and
employees against any and all claims, demands, costs, expenses or liability costs arising out of
legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges
that it is solely responsible for compliance with items to which it has certified.
G. Financial Records
2002 RZH Block Grant Procedural Guide
1. The Grantee shall maintain satisfactory financial accounts, documents and records for the
Project and to make them available to the State for auditing at reasonable times. The Grantee
also agrees to retain such financial accounts documents and records for three years following
Project termination or final payment.
The Grantee and the State agree that during regular office hours each of the parties hereto and
their duly authorized representatives shall have the right to inspect and make copies of any
books, records or reports of the other party pertaining to this Contract or matters related thereto.
The Grantee shall maintain and make available for inspection by the State accurate records of
all of its costs, disbursements and receipts wth respect to its activities under this Contract.
2. The Grantee shall use a generally accepted accounting system.
H. Use of Facilities
1. The Grantee agrees that the Grantee shall use the property developed with grant monies
under this Contract only for the purposes for which the State grant monies were requested
and no other use of the area shall be permitted except by specific Act of the Legislature.
2. The Grantee shall maintain and operate the property developed for a period commensurate
with the type of Project and the proportion of State grant funds and local funds allocated to
the capital costs of the Project, as determined by the State.
Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race, color,
national origin, age, religion, ancestry, sexual orientation, or disability in the use of any
property or facility developed pursuant to this Contract.
2. The Grantee shall not discriminate against any person on the basis of residence except to
the extent that'reasonable differences in admission or other fees may be maintained on the
basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the
special provisions of this Project Contract or under provisions of the enabling legislation
and/or Program.
J. Application Incorporation
•
The Application and any subsequent change or addition approved by the State is hereby
incorporated in this Contract as though set forth in full in this Contract.
K. Severability
If any provision of this Contract or the Application thereof is held invalid, that invalidity shall not
affect other provisions or Applications of the Contract which can be given effect without the invalid
provision or Application, and to this end the provisions of this Contract are severable.
2002 RZH Block Grant Procedural Guide