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2300 - Garvey Aquatic Park- 2006 Park Bond GrantState of California • Natural Resources Agency Edmund G. Brown, Jr., Governor ® DEPARTMENT OF PARKS AND RECREATION • P.O. Box 942896 • Sacramento, CA 94296 -0001 Ruth Coleman, Director 916 - 653 -7423 January 26, 2011 Michael Burbank Director Parks and Recreation City of Rosemead, Parks & Recreation 8838 East Valley Boulevard Rosemead. CA 91770 Dear Michael Burbank, Re: Project Name: Garvey Aquatic Center Program Name: 2006 Parks Bond Act Statewide Park Development and Community Revitalization Project Number: SW -19 -021 Contract Number: C6904043 Enclosed for your files is a copy of a fully executed contract for the above referenced project. Refer to your procedural guide for grant process information. Please remember that you must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities. If you have any questions, please contact me at (916) 651 -8580 or email me at sschi @parks.ca,gov. Sincerely, c /� J Stephanie Schiechl Project Officer Enclosure J' State of Callfornla - Natural Resources Agency Department of Parks and Recreation GRANT CONTRACT 2006 Parks Bond Act Statewide Park Development and Community Revitalization GRANTEE City of Rosemead GRANT PERFORMANCE PERIOD is from July 01, 2009 through June 30, 2017 CONTRACT PERFORMANCE PERIOD is from July 01, 2009 through June 30, 2039 PROJECT TITLE GARVEY AQUATIC CENTER PROJECT NUMBE SW -19 -021 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. The GRANTEE agrees to 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 indicated above. The General and Special Provisions attached are made a part of and incorporated into the Contract. of Rosemead B Jeff Allred T etl rp'nte name thorized Representative i ature of Aut onzed Representative Ad ress_ -8g3iLE.. Val.Ie)L--WY-d _RRRQsem Title City Manager Date 01/05/11 STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By �h . ( - - -- - Date Jam s � 2c7 \ 1 CERTIFICATION OF FUNDING CONTRACT NO �AMENDMENTNO ALSTARSVENDOR NO. PROJECTNO. C6904043 1 _ AMOUNT ENCUMBERED BY THIS DOCUMENT 00000461600 SW- 19 -021 FUND. $3,134,066.00 SAFE DRINKING WTR, COASTAL PROTECTION FUND OF 2006 PRIOR AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790- 102 - 6051(1) 1/09 09 2010/11 TOTAL AMOUNT ENCUMBERED TO DATE INDEX. OBJ. EXPEND PCA. PROJECT /WORK PHASE $ $3,134_066.00 1091 1702 65100 _— T.B.A. NO. I t hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. B.R.. NO, ACCOUNTING OFFICER' SIGNATURE DATE. G (/ I /� S t4- obAtL - "IbIlAt I. RECITALS This AGREEMENT is entered into between the State of California, by and through the California Department of Parks and Recreation (hereinafter referred to as "STATE ") and City of Rosemead (hereinafter referred to as "GRANTEE "). 2. The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 authorizes STATE to award grants to eligible entities for the purpose of Division 43 of the Public Resources Code. 3. Pursuant to the Statewide Park Development and Community Revitalization Act of 2008, STATE is authorized to oversee and manage grants to eligible entities for the purposes stated within its provisions. Funding for this three hundred sixty eight million ($368 million) grant program was made available through the Sustainable Communities and Climate Change Reduction chapter in Proposition 84. (Public Resources Code Division 43, Chapter 9, §75065(b). 4. Pursuant to the Proposition 84 2006 Bond Act, STATE is authorized to oversee and manage grants to eligible entities for the purposes stated within its provisions. Funding for the ninety three million ($93 million) Nature Education Facilities Program grant program was made available through the Parks and Nature Education Facilities chapter in Proposition 84. (Public Resources Code Division 43, Chap. 8, §75063 (b). 5. Sustainable Communities and Climate Change Reduction chapter in Proposition 84. (Public Resources Code Division 43, Chapter 9, §75065(b)., STATE is authorized to oversee and manage grants to eligible entities for the purposes stated within its provisions. Funding for this three hundred sixty eight million ($368 million) grant program was made available through the Sustainable Communities and Climate Change Reduction chapter in Proposition 84. (Public Resources Code Division 43, Chapter 9, §75065(b). The STATE hereby grants to GRANTEE a sum (hereinafter referred to as "GRANT MONIES ") not to exceed Dollars (s3 066.00 subject to the terms and conditions of this AGREEMENT, the GUIDES, any legislation applicable to the ACT, and the APPLICATION. 7. 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. 8. 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 incorporated into and made part of this AGREEMENT. a. The GRANT ADMINISTRATION GUIDE; b. The APPLICATION GUIDE; c. The submitted APPLICATION. Proposition 84 - Statewide Park Program I _ Grant Contract Provisions II. GENERAL PROVISIONS A. Definitions As used in this AGREEMENT, the following words shall have the following meanings: 1. The term "ACT' means the statutory basis for these grant programs. 2. The term "APPLICATION" means the individual project application packet for a grant pursuant to the enabling legislation and /or grant program process guide requirements. 3. The term "ACQUISITION" means to obtain fee title real property or a permanent easement which provides the recipient permanent rights to use the property for the purposes of the project. Leases or rentals do not constitute ACQUiISITION. 4. The term "CONTRACT PERFORMANCE PERIOD" means the period of time described in Section 1 of this AGREEMENT. 5. The term "COMPETITIVE GRANT PROGRAM" means the Statewide Park Program or Nature Education Facilities Program. 6. The term "DEVELOPMENT" means capital improvements to real property by means of construction of permanent or fixed features of the property. 7. 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 which begins on the date of appropriation and ends on the fund liquidation date. 8. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form found in the APPLICATION. 9. The term "GUIDES" means the documents identified as the "Application Guide for the Statewide Park Development and Community Revitalization Act of 2008 ", or the "Application Guide for the Nature Education Facilities Program" and the "Grant Administration Guide ". The GUIDES provide the procedures and policies controlling the administration of the grant. 10. The term "PROJECT TERMINATION" refers to the non - completion of a GRANT SCOPE. 11. The term "STATE" refers to the State of California acting by and through the California Department of Parks and Recreation. B. Project Execution 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 AGREEMENT, in consideration of, and on condition that, the sum be expended in carrying out the purposes set forth in the GRANT SCOPE, a' d under the terms and conditions set forth in this AGREEMENT. The GRANTEE shall assume the obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE. Proposition 84 - Statewide Park Program 2 Grant Contract Provisions 2. After STATE has approved the APPLICATION, all changes and alterations to the GRANT SCOPE must be 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 enforcement of the Project Termination provision section E. found in this AGREEMENT. To maintain the integrity of the COMPETITIVE GRANT PROGRAM, the GRANTEE agrees that any other project changes or alterations which deviate from the project selection criteria responses provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval. 3. The GRANTEE shall complete the GRANT SCOPE in accordance with the time of the GRANT PERFORMANCE PERIOD set forth on page one of this AGREEMENT, and under the terms and conditions of this AGREEMENT. 4. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et. seq.). 5. The GRANTEE shall at all times comply with all applicable current laws and regulations affecting ACQUISITION and DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and,laws and codes pertaining to individuals with disabilities, 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.) 6. If the GRANT SCOPE includes ACQUISITION of real property, the GRANTEE agrees to comply at all times with all applicable State and local laws or ordinances affecting relocation and real property ACQUISITION. . 7 GRANTEE agrees that lands acquired With GRANT MONIES shall not be acquired through the use of eminent domain. C. Project Costs 1. GRANTEE agrees to abide by the GUIDES. 2. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures as ' set forth in the GUIDES. If the STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time. , D. Project Administration 1. If GRANT MONIES are advanced for ACQUISITION projects, the GRANT MONIES shall be placed in an escrow account. If GRANT MONIES are advanced and not expended, the unused portion of the advanced funds shall be returned to the STATE within 60 days after the close of escrow. 2. If GRANT MONIES are advanced for DEVELOPMENT projects, 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. Interest earned on the advanced funds 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 and any Proposition 84 - Statewide Park Program 3 Grant Contract Provisions I interest earned shall be returned to the STATE within 60 days after project completion or the end of the GRANT PERFORMANCE PERIOD whichever is earlier. 3. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall 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 on page one of this AGREEMENT. 4. The STATE shall have the right to inspect all prop pursuant to this AGREEMENT and the GRANTEE available for inspection upon 24 hours notice from 5. The GRANTEE and the STATE agree that if the final payment may not be made until the work df or facilities acquired and /or developed all make such property or facilities STATE. SCOPE includes DEVELOPMENT, in the GRANT SCOPE is complete. 6. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. E. Project Termination E 1. In the event of non - completion of a GRANT SCOPE, the GRANTEE shall return all GRANT MONIES to the STATE. 2: This AGREEMENT may be rescinded, modified or amended only by mutual written agreement between the GRANTEE and the STATE, unless the provisions of this AGREEMENT provide that mutual agreement is not required for a rescission, modification or amendment. 3. Failure by the GRANTEE to comply with the terms of this AGREEMENT, as well as any other grant contracts or other agreements that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE under this AGREEMENT unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this AGREEMENT despite non - performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. The GRANTEE agrees that in the event of a breach of this AGREEMENT, the STATE may seek, in addition to all remedies provided by law, specific performance of the AGREEMENT in accordance with the purpose of the AGREEMENT to preserve, protect and increase the quantity and quality of parks, public recreation facilities, opportunities and /or historic resources available to the people of the State of California. F. Budget Contingency Clause For purposes of this program, if funding for any fiscal year is reduced or deleted by the 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 as addressed in Paragraph E, subsection 2, of this AGREEMENT. Proposition 84 - Statewide Park Program 4 1 . Grant Contract Provisions . a G. Indemnity 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 connectedwith or.incident to this AGREEMENT except valid legal claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.. 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 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 California 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 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 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. 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. H. 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 five years following project termination or final payment, whichever is later. 2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of GRANT MONIES, (b) the total cost of the project; (c) the amount and nature of project funds provided by other sources, and (d) any other records that will facilitate an effective audit of use of the GRANT MONIES. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this AGREEMENT or matters related thereto during regular office hours., 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 AGREEMENT. Such accounts, documents, and records shall be retained by the GRANTEE for 5 years following final payment of GRANT MONIES. Proposition 84 - Statewide Park Program 5 Grant Contract Provisions 4. The GRANTEE shall use a generally accepted accounting system. Use of Facilities 1: The GRANTEE agrees to operate and maintain any property acquired or developed with the GRANT MONIES for the duration of the CONTRACT PERFORMANCE PERIOD. 2. The GRANTEE agrees that during the CONTRACT PERFORMANCE PERIOD, any income earned by the GRANTEE from a STATE approved non - recreational use of the project shall be used for recreational purposes at the project, or, if approved by the STATE, for recreational purposes within the GRANTEE'S jurisdiction. 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 under provisions of the enabling legislation and /or grant program. 4. The GRANTEE agrees that for the duration of the CONTRACT PERFORMANCE PERIOD, . any property acquired or developed with GRANT MONIES under this AGREEMENT shall be used only for the purposes of the grant and consistent with the GRANT SCOPE referenced in the APPLICATION unless prior written approval is given by the STATE. 1 5. The GRANTEE agrees to use any.property acquired or developed with GRANT MONIES under 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 in which event the property shall be replaced by the GRANTEE with property of equivalent value and usefulness as determined by STATE. 6. The property acquired or developed with GRANT MONIES may be transferred to another eligible entity only if the successor entity assumes the obligations imposed under this AGREEMENT and with written approval of the STATE. 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 provided that such approval shall not be unreasonably withheld as long as the purposes for which the GRANT MONIES were awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for' any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under t AGREEMENT 8. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants required and approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse the STATE an amount at least equal to the amount of GRANT MONIES received from the STATE or the pro rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 9. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint. Proposition 84 - Statewide Park Program b Grant Contract Provisions J. Nondiscrimination 1. The GRANTEE shall not discriminate against any person on the basis of sex, race, creed, color, national origin, age, religion, ancestry, sexual orientation, disability, medical condition, or marital status in the use.of property or a specific facility included in the GRANT SCOPE. 2. The GRANTEE shall not discriminate . against any person on the basis of residence, and shall not apply differences, in admission or other fees on the basis of, residence. Fees shall be reasonable and not unduly prevent use by economically disadvantaged members of the public. K. Severability If any provision of this AGREEMENT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the AGREEMENT which can be given effect without the invalid provision or application and to this end the provisions of this contract are severable. L. Liability STATE assumes no responsibility for assuring the safety of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this AGREEMENT 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 or improvements are free from hazards or defects. 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. N. Section Headings The he and captions of the various. sections of this AGREEMENT have been inserted only for the purpose of convenience and are not a part of this AGREEMENT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this AGREEMENT. Proposition 84 - Statewde Park Program 7 Grant Contract Provisions O. Waiver Any failure by a party to enforce its rights under this AGREEMENT, in the event of a breach, 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. City of Rosemead Grantee — r` By: I Signatur f Au rized Repre entative (Position Authorized in the Resolution) Title: City Manager Date: 01/05/11 3 I i Proposition 84 - Statewide Park Program 8 Grant Contract Provisions AUDIT CHECKLIST An audit of the project may be performed. The grantee must retain and make available all project related records for a minimum of three years following project termination or final payment of grant funds. Listed below are some of the items the auditor will examine during the review of your records as applicable. It is the responsibility of the grantee to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office at(916)445 -8999. CONTRACTS Summary list of bidders (including individual bid packages) MINOR CONTRACTS /MATERIALS /SERVICES /EQUIPMENT RENTALS Purchase orders /Contracts /Service Agreements Recommendation by reviewer of bids Awarding by governing body (minutes of the meeting /resolution) Construction contract agreement Contract bonds (bid, performance, payment) Contract change orders Contractor's progress billings Payments to contractor (cancelled checks /warrants") Stop Notices (filed by sub - contractors and release if applicable) Liquidated damages (claimed against the contractor) Notice of completion (recorded) FORCE LABOR* Authorization /work order identifying project Daily time sheets signed by employee and supervisor Hourly rate (salary schedules /payroll register) Fringe benefits (provide breakdown) IN -HOUSE EQUIPMENT' Authorization /work order Daily time records identifying the project site Hourly rate related backup documents Invoices Payments (actual cancelled checks /warrants") ACQUISITION Appraisal Report Did the owner accompany the appraiser? 10 year history Statement of just compensation (signed by seller) Statement of difference (if purchased above appraisal) Waiver of just compensation (if purchased below appraisal: signed by seller) Final Escrow Closing Statement Cancelled checkstwarrants (payment(s) to seller(s)) Grant deed (vested to the participant) or final order of condemnation Title insurance policy (issued to participant) Relocation documents Income (rental, grazing, sale of improvements, etc.) INTEREST Schedule of interest earned on State funds advanced Note: Interest on grant advances is accountable, even if commingled in a pooled fund account and /or interest was never allocated back to the grant fund. Leases, agreements, etc., pertaining to developed /acquired property Estimated time expended on the projects is not acceptable. Actual time records and all supporting documentation must be maintained as charges are incurred and made available for verification at the tine of audit. `* Front and back if copied. Revised 1/1212006