12-064 SCC Park Phase 1, State CA, 2002 Resources Bond Act FORi% State of California • The Resources Agency Arnold Schwarzenegger, Governor
0.
E v?® DEPARTMENT OF PARKS AND RECREATION • P.O. Box 942896 •Sacramento, CA 94296-0001 Ruth Coleman, Director
(916) 651-8579
February 27, 2004
Therese Ambrosi Smith
Director, Parks Recreation
City of Cupertino
10300 Torre Ave.
Cupertino, CA 95014
Re: Per Capita Program
Contract Number: CO207476
Dear 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) 651-8579 or e-
mail at avent @parks.ca.gov.
Sin ely,
4/ 1/4110
Albert Ventura
Project Officer
Enclosure
State of California -The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
2002 Resources Bond Act
PER CAPITA 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 Per Capita Program in the California Clean Water,
Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, agrees to fund the total Project
Grant Amount indicated.
THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD,
COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES.
Total State Grant Amount not to exceed $220,000.00
City of Cu.-rtino The General and Special Provisions attached
10 . Gra'tee are made a part of and incorporated into the
By i Contract.
(Signature of Authorized Repres- -eve)
Title City Manager or designee
Date
STATE OF CALIFORNIA
B Y DEPARTMENT OF PARKS AND RECREATION
Title By ,. c_.---
Date 2- . i7 .. a `( Date Z, 2-3 V
CERTIFICATION OF FUNDING(FOR STATE USE ONLY)
AMOUNT OF ESTIMATE CONTRACT NUMBER FUND.
$220,000.00 CO207476 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)(a) 157 03 2003/04
T.B.A.NO. B.R..NO. INDEX. OBJ.EXPEND PCA.
1091 702 66010
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE F ACCOUNTING OFFICER DATE.
Ill /, /. , AA .0_, _ gPIOLI- 1
Grant Contract
Special Provisions
General Provisions
Definitions
. The term "Ac`." as used herein means the Appropriation for the Program.
2. The term "Application" as used nerein means the 'ndividual Application and its required
attacnments 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, but not limited to, improvement, rehabilitation,
restoration, enhancement, Preservation, protection, and interpretation. Resources Bond Act of
2002 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. Trtt:term"Project"as used herein means the Project described on page 1 of this
Contract.
7. The term"State"as used herein means the State of California Department of Parks and
Recreation.
B. Project Execution
1. Subject to the availability of grant monies in the Act,the State hereby grants to the Grantee a
sum of money(grant monies) not to exceed the amount stated on page 1, in consideration of,
and on condition that, the sum be expended in carrying out the purposes as set forth in the
Description of Project on page 1, and under the terms and conditions set forth in this Contract.
The Grantee shall assume any obligation to furnish any additional funds that may be necessary
to complete the Project. Any modification or alteration in the Project as set forth in the
Application on file with the State must be submitted to the State for approval.
2. The Grantee shall complete the Project in accordance with the time of Project Performance set
forth on page 1, and under the terms and conditions of this Contract.
3. The Grantee shall comply as lead agency with the California Environmental Quality Act(Public
Resources Code, Section 21000, et. seq.,Title 14 California Code of 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.
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.
2002 Per Capita Procedural Guide 1 9
7. if the Project includes Acquisition o' real proper,. the Grant-.1 agrees to comoi,'with all
anoiicabie state and local laws Cr ordinances affecting relocation ant rea, proper.
Acquisition.
Tne Grantee snali provide to-public access to eroiect tacilitiec in accordance witn tne intent ans
provisions of toe enaoime lealsiation andicr Program.
Grantees snail nave (1)fee title. (2) lease nold or (3i other interest to tne Protect lands ant
aemonstrate to tne satisfaction of tne State tna:the proposed Prolec: will provide DUDIIS
benefits tnat are commensurate witn tne type and duration of tne interest in lane, as
determined by the State, that is neld by tne Grantee.
10. The Grantee shall maintain and operate the property funded for a period that is
commensurate witr'tne 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 tne Grantee's
successor in interest in the property, may transfer tne responsibility to maintain and operate
the property in accordance witn 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 otner
disposition of the property, except as authorized by specific Act of the Legislature. The
agreements specified in this section shall not prevent the transfer of the property from the
Grantee to a public agency, if the successor public agency assumes the obligations imposed
by those agreements. If the use of the property is changed to a use that is not permitted by
the category from which the grant funds were appropriated, or if the property is sold or
otherwise disposed of, an amount equal to (1)the amount of the grant, (2)the fair market
value of the real property, or(3)the proceeds from the sale or other disposition, whichever is
greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to
agreement with the State as specified in this section, or shall be reimbursed to the fund and
be available for appropriation by the Legislature only for a purpose authorized by that
category. If the property sold or otherwise disposed of is less than the entire interest in the
property funded with the grant, an amount equal to either the proceeds from the sale or other
disposition of the interest or the fair market value of the interest sold or otherwise disposed
of,whichever is greater, shall be used by the Grantee for a purpose authorized by the
category from which the funds were appropriated, pursuant to agreement with the State as
specified in this section, or shall be reimbursed to the fund and be available for appropriation
by the Legislature only for a use authorized by that category.
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 Project Grant Amount set forth
on page 1 of this Contract:
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 Project
Grant Amount as specified in the approved Application. The Grantee shall
immediately place these funds in escrow.
2002 Per Capita Procedural Guide 20
The remaining Project grant funds shat' be paid up to the amount of the grant or the
actual Project cost, whicnever is less, cn completion of the Project and receipt of
aetaiied summary of Project costs from the Grantee.
2. If the Projec: includes Development, tne State may disburse to the Grantee the grant monies as
follows. out not to exceed, in any even:, tne total Project Grant Amount set forth of page 1 cf this
Contract:
a Up to a 105 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.
3. The remaining grant funds shall be paid up to the amount of the grant or the actual Project cost.
whichever is less, on completion of the Project and receipt of a detailed summary of Project
costs from the Grantee.
D. Project Administration
1. The Grantee shall promptly submit written Project reports as the State may request. In any
event,the Grantee shall provide the State a report showing total final Project expenditures.
2. The Grantee shall make property and facilities developed pursuant to this Contract available for
inspection upon request by the State.
3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely
for the Project herein described.
4. If grant monies are advanced, the Grantee shall place these monies in a separate interest
bearing account, setting up and identifying such account prior to the advance. Interest earned •
on grant monies shall be used on the Project, as approved by the State. If grant monies are
advanced and not expended,the unused portion of the grant shall be returned to the State within
60 days of completion of the Project or end of the Project Performance Period,whichever is earlier.
5. The Grantee shall use income earned by the Grantee from use of the Project to further Project
purposes, or, if approved by the State, for related purposes within the Grantee's jurisdiction.
E. Project Termination
1. Any Grant funds that have not been expended by the Grantee shall revert to the fund and be
available for Appropriation by the Legislature for one or more of the local assistance
programs that the Legislature determines to be the highest priority statewide.
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.
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/o, Historical Resources available to the people of the
State of California and because such benefit exceeds to an immeasurable and unascertainable
2002 Per Capita Procedural Guide 2�
extent.the amount of money furnished D','the State o "way of gram monies unne-the provision:
of tnis Contract. tne Grantee agrees tnat payment D"the Grantee to the State of an amoun.
equal to the amount of tne grant monies disDursea under this Contract D`!trio State would De
inaaequate compensation to tne State far am,'oreacn DV the Grantee of this Contract. Tne
Grantee furtner agrees therefore. tnat the appropriate remeoy in the event of a Preach o"the
Grantee of this Contract snail De the specific oerrormance of tnis Contract. unless otnerwise
agreed to by the State.
Tne Grantee and tne State agree tnat if the Project includes Development. final payment mad,
not be made until the Prolec?contomis supstanually to this Contract.
F. Hold Harmless
Tne Grantee shall waive all claims and recourse against the State including the nght 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 tne 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 attorneys fees.
•
4. The Grantee and the State agree that in the event of judgment entered against the State and the
Grantee because of the concurrent negligence of the State and the Grantee, their officers,
agents, or employees,an apportionment of liability to pay such judgment shall be made by a
court of competent jurisdiction. Neither party shall request a jury apportionment.
5. The Grantee shall indemnify,hold harmless and defend the State, its officers, agents and
employees against any and all claims, demands, costs,expenses or liability costs arising out of
legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges
that it is solely responsible for compliance with items to which it has certified.
G. Financial Records
1. The Grantee shall maintain satisfactory financial accounts, documents and records for the
Project and 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 completion.
The Grantee and the State agree that during regular office hours each of the parties hereto and
their duly authorized representatives shall have the right to inspect and make copies of any
books, records or reports of the other party pertaining to this Contract or matters related thereto.
The Grantee shall maintain and make available for inspection by the State accurate records of
all of its costs, disbursements and receipts with respect to its activities under this Contract.
2. The Grantee shall use a generally accepted accounting system.
H. Use of Facilities
2002 Per Capita Procedural Guide 22
•
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.
1. 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 Per Capita Procedural Guide 23