CITY OF RICHMOND
STANDARD CONTRACT
Department: Project Manager:
Project Manager E-mail:
Project Manager Phone No:
PR No: Vendor No: P.O./Contract No:
Description of Services:
The parties to this STANDARD CONTRACT do mutually agree and promise as follows:
1. Parties. The parties to this Contract are the City of Richmond (herein referred to as the “City”) and the following named Contractor:
Company Name:
Street Address:
City, State, Zip Code:
Contact Person:
Telephone: Email:
Business License No: / Expiration Date:
A California [ ] corporation, [ ] limited liability corporation [ ] general partnership, [ ] limited partnership, [ ] individual, [ ] non-profit corporation, [ ] individual dba as [specify:] , [ ] other [specify:]
2. Term. The effective date of this Contract is and it terminates unless terminated as provided herein.
3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $ . City shall not pay for services that exceed the Contract Payment Limit unless a contract amendment has been approved by the City Council or City Manager.
4. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan (Exhibit A) which is attached hereto and is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
5. City's Obligations. City shall make to the Contractor those payments described in the Payment Provisions (Exhibit B) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C) which are attached hereto and are incorporated herein by reference.
7. General Conditions. This Contract is subject to the General Conditions (Exhibit D) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein.
8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any) which are attached hereto and are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. (Note:
other than Public Works contracts, the City will agree to Special Conditions only in unusual circumstances.)
9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F) which are attached hereto and are incorporated herein by reference.
10. Signatures. These signatures attest the parties' Contract hereto:
CITY OF RICHMOND CONTRACTOR:
a municipal corporation
By:
(* The Corporation Chairperson of the Board,
President or Vice President should sign below)
Title: By:
I hereby certify that this Contract Title:
has been approved by City Council.
Date Signed:
B y :
City Clerk
(* The Corporation Chief Financial Officer,
Secretary or Assistant Secretary should sign below)
Approved as to form:
B y :
B y : T i t l e :
City Attorney
Date Signed:
(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation
or nonprofit organization, this Contract (1) must
be signed by (a) the Chairperson of the Board,
President or Vice-President
and (b) the
Secretary any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer.
LIST OF ATTACHMENTS:
Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Standard Contract/EJ/TE 9-26-07
For the Contract between the City of
Richmond and
EXHIBIT A
SERVICE PLAN
Contractor shall, to the satisfaction of the , perform the following services and be compensated as outlined below:
For the Contract between the City of
Richmond and
EXHIBIT B
PAYMENT PROVISIONS
{PLEASE NOTE THAT THE CITY OF RICHMOND SHALL NOT PAY FOR SERVICES
THAT EXCEED THE CONTRACT PA YMENT LIMIT UNLESS A CONTRACT
AMENDMENT HAS BEEN APPROVED BY THE CITY COUNCIL OR THE CITY MANAGER}
1. Provided Contractor is not in default under this Contract, Contractor shall be compensated as provided below.
2. Any and all payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photo copying, meals and travel etc). Invoices, shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request.
3. Contractor shall submit timely invoices to the following address:
Attention: City of Richmond, Finance Department - Accounts Payable Project Manager: Department:
PO Box 4046
Richmond, CA 94804-0046
4. All invoices that are submitted by Contra ctor shall be subject to the approval of the City’s Project Manager, before payments shall be authorized.
5. The City will pay invoice(s) within 45 days a fter completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
6. A Richmond business license shall be obtained before any payment under this Contract shall be authorized and the business license must be kept current during the term of this Contract for payments to continue to be authorized.
7. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract shall be executed by the City. The insurance coverage must be kept current during the term of this Contract for payments to continue to be authorized.
For the Contract between the City of
Richmond and
EXHIBIT C
AUTHORIZED REPRESENTATIVES AND NOTICES
1. Notices
. All notices, demands, statements, or communications provided for by this Contract shall be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to the City shall be addressed to the Department Head and (as delineated below in section 1.1) to the project manager responsible for the administration of or the supervision of the scope of work under this Contract. Notices to the Contractor shall be addressed to the party designated by Contractor (as delineated below in section 1.2). Notice shall be deemed delivered (a) upon personal delivery; (b) as of the fifth business day after mailing by United States certified mail, postage prepaid, addressed to the proper party; or (c) as of 12:00 p.m. on the second business day immediately after the day it is deposited with and accepted by Federal Express, or a similar overnight courier service, addressed to the proper party and marked for next business day morning delivery. For the purposes of this Contract, a "business day" means any day Monday through Friday that is not a holiday recognized by the federal government or the State of California.
1. 1 CITY hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
City of Richmond
Richmond, CA 94804-0046
1. 2 CONTRACTOR hereby designates as its Authorized Representative the Project Manager whose name and address are as follows:
General Conditions/EJ/TE 01-19-11 1 of 13
EXHIBIT D
GENERAL CONDITIONS
1. Independent Contractor . Contractor acknowledges, represents and warrants that Contractor is not a regular or temporary employee, joint venturer or partner of the City, but rather an independent Contractor. This Contract shall not be construed to create an agency, servant, employee, partnership, or joint venture relationship. As an independent Contractor, Contractor shall have no authority to bind City to any obligation or to act as City's agent except as expressly provided herein. Due to the independent Contractor relationship created by this Contract, City shall not withhold state or federal income taxes, the reporting of which shall be Contractor's sole responsibility.
2. Brokers . Contractor acknowledges, represents and warrants that Contractor has not hired, retained or agreed to pay any entity or person any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Contract.
3. City Property . The rights to applicable plans, drawings, reports, calculations, data, specifications, videos, graphics or other materials prepared for or obtained pursuant to this Contract, which, upon request, are to be delivered to City within a reasonable time, shall be deemed assigned to City. If applicable, Contractor shall prepare check prints upon request. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 15 below, indemnify, defend and hold harmless City from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data.
4. Patents, Trademarks, C opyrights and Rights in Data
. Contractor shall not
publish or transfer any materials, discoveries, developments, concepts, designs, ideas, know how, improvements, inventions and/or original works of authorship resulting from activities supported by this Contract without the express prior written consent of the City Manager. If anything resulting from activities supported by this Contract is patentable, trademarkable, copyrightable or otherwise legally protectable, City reserves the exclusive right to seek such intellectual property rights. Notwithstanding the foregoing, Contractor may, after receiving City's prior written consent, seek patent, trademark, copyright or other intellectual property rights on anything resulting from activities supported by this Contract. However, City reserves, and Contractor irrevocably grants, a nonexclusive, fully paid-up, royalty-free, assumable, perpetual, worldwide license, with the right to transfer, sublicense, practice and exploit said license and the right to make, have made, copy, modify, make derivative works of, use, sell, General Conditions/EJ/TE 01-19-11 2 of 13
import, and otherwise distribute under all applicable intellectual properties without restriction of any kind said license.
Contractor further agrees to assist City, at City's expense, in every proper way to secure the City’s rights in any patents, trademarks, copyrights or other intellectual property rights relating thereto, including the disclosure to City of all pertinent information and data with respect thereto. Contractor shall also assist City in the execution of all applications, specifications, oaths, assignments, recordations, and all other instruments which City shall deem necessary in order to apply for, obtain, maintain and transfer such rights, or if not transferable, to waive such rights. Contractor shall further assist City in the execution of all applications, specifications, oaths, assignments, recordations and all other instruments which City shall deem necessary in order to assign and convey to City, and any assigns and nominees the sole and exclusive right, title and interest in and to any patents, trademarks, copyrights or other intellectual property rights relating thereto. Contractor further agrees that its obligation to execute or cause to be executed, when it is in Contractor's power to do so, any such instruments or papers shall continue during and at all times after the end of Contractor's services and until the expiration of the last such intellectual property right. Contractor hereby irrevocably designates and appoints City, and its duly authorized officers, agents and servants, as its agent and attorney-in-fact, to act for and in its behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the application for, prosecution, issuance, maintenance or transfer of letters of patents, copyright and other registrations. This power of attorney is coupled with an interest and shall not be affected by Contractor's subsequent incapacity.
5. Inspection
. Contractor's performance, place of business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the CITY, the State of California, and the United States Government.
If the project or services set forth in Exhibit A shall be performed on City or other public property, City shall have the right to inspect such work without notice. If such project or services shall not be performed on City or other public property, City shall have the right to inspect such work upon reasonable notice.
6. Services
. The project or services set forth in Exhibit A shall be performed to the full satisfaction and approval of City. In the event that the project or services set forth in Exhibit A are also itemized by price, City, in its sole discretion, may, upon notice to Contractor, delete certain items or services set forth in Exhibit A, in which case there shall be a corresponding reduction in the amount of compensation paid to Contractor.
General Conditions/EJ/TE 01-19-11 3 of 13
Contractor shall, at its own cost and expense, furnish all facilities and equipment necessary for Contractor to complete the project or perform the services required herein, unless otherwise provided in Exhibit A.
7. Records
. Contractor shall keep and make available for inspection and copying by authorized representatives of the City, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the City.
Contractor shall retain all documents pertaining to this Contract for a period of five (5) years after this C ontract's termination (or for any further period that is required by law) and until all Fede ral or State audits are complete and exceptions resolved for this contract's funding period. Upon request, CONTRACTOR shall make thes e records available to authorized representatives of the CITY, the State of California, and the United States Government.
Contractor shall keep full and detailed accounts, maintain records, and exercise such controls as may be necessary for proper financial management under this Contract. The Contractor’s accounting and control systems shall be satisfactory to City. Contractor's accounting systems shall conform to generally accepted accounting principles and all records shall provide a breakdown of total costs charged under this Contract, including properly executed payrolls, time records, utility bills, invoices and vouchers. The City shall be afforded prompt access to Contractor's records, books, and Contractor shall preserve such project records for a period of at least five (5 years after the termination of this Contract , or for such longer period as may be required by law.
Contractor shall permit City and its authorized representatives and accountants to inspect, examine and copy Contractor's books, records, accounts, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the project or services set forth in Exhibit A, and any and all data relevant to this Contract at any reasonable time for the purpose of auditing and verifying statements, invoices, or bills submitted by Contractor pursuant to this Contract and shall provide such assistance as may be reasonably required in the course of such inspection. Contractor shall also allow City access to the record keeping and accounting personnel of Contractor.
City further reserves the right to examine and re-examine said books, records, accounts, and data during the five (5 year period following the termination of this Contract; and Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatever for five (5 years after the termination of this Contract.
General Conditions/EJ/TE 01-19-11 4 of 13
Pursuant to California Government Code § 10527, the parties to this Contract shall be subject to the examination and audit of representatives of the Auditor General of the State of California for a period of three (3) years after final payment under this Contract. The examination and audit shall be confined to those matters connected with the performance of this Contract including, but not limited to, the cost of administering this Contract.
8. Changes and Extra Work . All changes and/or extra work under this Contract shall be performed and paid for in accordance with the following:
Only the City Council or the City Manager may authorize extra and/or changed work. Contractor expressly recognizes that other City personnel are without authorization to either order extra and/or changed work or waive contract requirements. Failure of Contractor to secure the authorization for such extra and/or changed work shall constitute a waiver of any and all right to adjustment in contract price due to such unauthorized work and Contractor thereafter shall be entitled to no compensation whatsoever for performance of such extra and/or changed work.
If Contractor is of the opinion that any work which Contractor has been directed to perform is beyond the scope of this Contract and constitutes extra work, Contractor shall promptly notify City of the fact. The City shall make a determination as to whether or not such work is, in fact, beyond the scope of this Contract and constitutes extra work. In the event that City determines that such work does constitute extra work, City shall provide extra compensation to Contractor on a fair and equitable basis. A change order or Contract Amendment providing for such compensation for extra work shall be negotiated between City and Contractor and executed by Contractor and the appropriate City official.
In the event City determines that such work does not constitute extra work, Contractor shall not be paid extra compensation above that provided herein and if such determination is made by City staff, said determination may be appealed to the City Council; provided, however, a written appeal must be submitted to the City Manager within five (5) days after the staff's determination is sent to Contractor. Said written appeal shall include a description of each and every ground upon which Contractor challenges the staff's determination.
9. Additional Assistance
. If this Contract requires Contractor to prepare
plans and specifications, Contractor shall provide assistance as necessary to resolve any questions regarding such plans and specifications that may arise during the period of advertising for bids, and Contractor shall issue General Conditions/EJ/TE 01-19-11 5 of 13
any necessary addenda to the plans and specifications as requested. In the event Contractor is of the opinion that City's requests for addenda and assistance is outside the scope of normal services, the parties shall proceed in accordance with the changes and extra work provisions of Section 8 of these General Conditions.
10. Professional Ability. Contractor acknowledges, represents and warrants that Contractor and its employees are skilled and able to competently provide the services hereunder, and possess all professional licenses, certifications, and approvals necessary to engage in their occupations.
City has relied upon the professional ability and training of Contractor as a material inducement to enter into this Contract. Contractor shall perform in accordance with generally accepted professional practices and standards of Contractor's profession. In the event that City, in its sole discretion, desires the removal of any person employed or retained by Contractor to perform services hereunder, such person shall be removed immediately upon receiving notice from City.
11. Business License
. Contractor shall obtain a Richmond Business License
before performing any services required under this Contract. The failure to so obtain such license shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.
12. Termination Without Default. Notwithstanding any provision herein to the contrary, City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder, immediately upon written notice to Contractor. Contractor may terminate this Contract at any time in its sole and absolute discretion and without cause upon 30 days' written notice to City. In the event of termination by either party, Contractor shall be compensated for: (1) all authorized work satisfactorily performed prior to the effective date of termination; (2) necessary materials or services of others ordered by Contractor for this Contract, prior to receipt of notice of termination, irrespective of whether such materials or services of others have actually been delivered, provided that Contractor is not able to cancel such orders. Compensation for Contractor in such event shall be determined by City in accordance with the percentage of the project or services completed by Contractor; and all of Contractor's finished or unfinished work product through the time of the City's last payment shall be transferred and assigned to City. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
General Conditions/EJ/TE 01-19-11 6 of 13
13. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Section 12 of these General Conditions; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.
14. Conflict of Interest. Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.
15. Indemnification.
(a) If this Contract is a contract for design professional services subject to California Civil Code Section 2782.8(a) and Contractor is a design professional, as defined in California Civil Code Section 2782.8(b)(2), Contractor shall hold harmless, defend and indemnify the City, its officers, agents, employees, and volunteers from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of, or pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Contractor, except where caused by the active negligence, sole negligence, or willful misconduct of the City. To the fullest extent permitted by law, Contractor shall immediately defend and indemnify the City and its officers, agents, employees, and volunteers from and against any and all liabilities, regardless of nature or type, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor, or its employees, agents, or subcontractors.
Liabilities subject to the duties to defend and indemnify include, without limitation, any and all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. Contractor’s obligation to General Conditions/EJ/TE 01-19-11 7 of 13
indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party.
(b) If this Contract is not a contract for design professional services subject to California Civil Code Section 2782.8(a) or Contractor is not a design professional as defined in California Civil Code Section 2782.8(b)(2), Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, employees and volunteers from any and all claims, suits, or actions of every name, kind and description, brought forth on account of injuries to or death of any person or damage to property arising from or connected with the willful misconduct, negligent acts, errors or omissions, ultra-hazardous activities, activities giving rise to strict liability, or defects in design by Contractor or any person directly or indirectly employed by, or acting as, the agent for Contractor in the performance of this Contract, including the concurrent or successive passive negligence of the City, its officers, agents, employees or volunteers.
(c) It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Contractor shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its officers, agents, employees, and volunteers, immediately upon tender to Contractor of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination that persons other than Contractor are responsible for the claim does not relieve Contractor from its separate and distinct obligation to defend under this Section 15. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent counsel if Contractor asserts that liability is caused in whole, or in part, by the negligence or willful misconduct of an indemnified party. (d) The review, acceptance or approval of the Contractor’s work or work product by any indemnified party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This Section 15 survives completion of the services or the termination of this Contract.
The provisions of this Section 15 are not limited by, and do not affect, the provisions of this Contract relating to insurance.
(e) Acceptance of insurance certificates and endorsements required under this Contract does not relieve Contractor from liability under this Section
15. This Section 15 shall apply whether or not such insurance policies are determined to be applicable to any such damages or claims for damages.
16. Safety
. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor shall perform all work hereunder in full compliance with applicable local, state and federal safety requirements including but not limited to Occupational Safety and Health Administration requirements, and shall assume sole and complete General Conditions/EJ/TE 01-19-11 8 of 13
responsibility for the safety of Contractor's employees and any subContractor's employees. If a death, serious personal injury or substantial property damage occurs in connection with the performance of this Contract, Contractor shall immediately notify the City by telephone.
17. Insurance. Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.
18. Non-Liability of Officials and Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Contract.
19. Compliance with Laws. Contractor shall comply with all federal, state and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals, with respect to this Contract, including without limitation environmental laws, employment discrimination laws and prevailing wage laws. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50, 2.52, 2.56, and 2.60, if applicable.
Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor shall promptly provide to City documents and information verifying its compliance with the Living Wage Ordinance. Also as prescribed in § 2.60.070, Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance.
Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or subcontractor under a contract or subcontract with the City for public work or for goods or for services to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at
http://www.ci.richmond.ca.us/workplacepolicies
. Contractor agrees to
abide by the terms and conditions of said policies.
20. Limitations upon Subcontracting and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated General Conditions/EJ/TE 01-19-11 9 of 13
under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
Contractor acknowledges that the services which Contractor shall provide under this Contract are unique, personal services which, except as otherwise provided herein, Contractor shall not assign or sublet to any other party without the prior written approval of City, which approval may be withheld in City's sole and absolute discretion. In the event that City, in writing, approves any assignment or subletting of this Contract or the retention of subcontractors by Contractor, Contractor shall provide to City upon request copies of each and every subcontract contract prior to the execution thereof by Contractor and subcontractor. Any assignment by Contractor of any or all of its rights under this Contract without first obtaining City's prior written consent shall be a default under this Contract.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or joint-venture or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
21. Integration
. This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes any previous oral or written agreement; provided, however, that correspondence or documents exchanged between Contractor and City may be used to assist in the interpretation of the Exhibits to this Contract.
22. Modifications and Amendments. This Contract may be modified or amended only by a change order or Contract Amendment executed by both parties and approved as to form by the City Attorney.
23. Conflicting Provisions. In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Conditions as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.
24. Non-exclusivity. Notwithstanding any provision herein to the contrary, the services provided by Contractor hereunder shall be non-exclusive, and General Conditions/EJ/TE 01-19-11 10 of 13
City reserves the right to employ other Contractors in connection with the project.
25. Exhibits. All Exhibits hereto are made a part hereof and incorporated herein by reference; provided, however, that any language in Exhibit A which does not pertain to the project description, proposal, scope of services, or method of compensation (as applicable) , or any corresponding responsibilities of City, shall be deemed extraneous to, and not a part of, this Contract.
26. Force Majeure. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.
27. Time of the Essence. Time is of the essence of this Contract. Contractor and City agree that any time period set forth in Exhibit A represents their best estimates with respect to completion dates and both Contractor and City acknowledge that departures from the schedule may occur.
Therefore, both Contractor and City will use reasonable efforts to notify one another of changes to the schedule. Contractor shall not be responsible for performance delays caused by others, or delays beyond Contractor's control, and such delays shall extend the times for performance of Contractor's work.
28. Confidentiality. Contractor agrees to comply with, and to require its employees, agents and partners to comply with, all applicable State or Federal statutes or regulations respecting confidentially, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that:
All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purposes not directly connected with the administration of such service.
No person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service.
General Conditions/EJ/TE 01-19-11 11 of 13
29. Third Parties. Nothing herein shall be interpreted as creating any rights or benefits in any third parties. For purposes hereof, transferees or assignees as permitted under this Contract shall not be considered "third parties."
30. Governing Law. This Contract shall be construed in accordance with the law of the State of California without regard to principles of conflicts of law.
This Contract is made in Contra Costa County, California, and any action relating to this Contract shall be instituted and prosecuted in the courts of Contra Costa County, California.
31. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased or renewed by the City under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure by City to continue the purchase of all or any failure to continue purchase of all or any such services from Contractor.
32. Claims. Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.
33. Interpretation. This Contract shall be interpreted as if drafted by both parties.
34. Warranty. In the event that any product shall be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.
35. Severability. In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view General Conditions/EJ/TE 01-19-11 12 of 13
toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.
36. Authority. City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that he or she is duly authorized to enter into and execute this Contract on behalf of Contractor, and shall be personally liable to City if he or she is not duly authorized to enter into and execute this Contract on behalf of Contractor.
37. Waiver. The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach.
Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payments therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.
38. Possessory Interest. If this Contract results in the Contractor having possession of, claim to or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue and Taxation Code 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest.
39. Performance and Final Acceptance.
Contractor represents that it is experienced, qualified, registered, licensed, equipped, organized and financed to perform the services under this Contract.
Contractor shall perform the services under this Contract with that degree of skill and judgment normally exercised by professional firms performing services of a similar nature in the State of California, and shall be responsible for the professional quality, technical accuracy and coordination of the services it performs under this Contract. In addition to the other rights and remedies which City may have, Contractor shall, at its own expense, correct any services which fail to meet the above standard.
General Conditions/EJ/TE 01-19-11 13 of 13
City shall provide Contractor an opportunity to cure errors and omission which may be disclosed during the review of submittals, with no increase in the authorized Contract Payment Limit. Should Contractor fail to make necessary corrections in a timely manner, such corrections shall be made by the City and the cost thereof shall be charged to Contractor.
If warranted, City shall determine, and Contractor may request such determination, that Contractor has satisfactorily completed performance of this Contract. Upon such determination, City shall issue to Contractor a written Notice of Final Acceptance, after which Contractor shall not incur further costs under this Contract. Contractor shall respond to such Notice of Final Acceptance by executing and submitting to City a Release and Certificate of Final Payment.
40. Survival
. The rights and obligations of the parties which by their nature survive termination or completion of the services covered by this Contract shall remain in full force and effect after termination or completion.
For the Contract between the City of
Richmond and
EXHIBIT E
SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable):
For the Contract between the City of
Richmond and
EXHIBIT F
INSURANCE PROVISIONS
During the entire term of this Contract and any extension or modification thereof, the CONTRACTOR shall keep in effect insurance policies meeting the insurance requirements specified in the insurance provisions which are attached hereto and incorporated herein by this reference.
PLACEWORKS 1
AUGUST 10, 2022
SCOPE OF WORK
AND COSTS
This exhibit describes the scope of services, schedule, and costs for the Shields-Reid Park Revitalization to be conducted by PlaceWorks for the City of Richmond (City) i n cooperation with CSW|ST2, Brookwater, and A3Geo. The project received a grant from California State Parks through the the Statewide Park Program (SPP). The project team will implement the vision developed with community input for that grant application. The project will include coordination with the Watershed Project to develop a concept for the habitat garden and American Ramp to complete drawings and construction of the bike skills park.
SCOPE OF SERVICES
Task 1. Design Development
1. Design Development (30% Drawing and Cost Estimate)
Based on City review comments, the PlaceWorks team will develop the Design Development Plan. T he Development package will include preliminary working drawings to 30 percent and will be accompanie d by a cost estimate. The package will include the following preliminary plan sheets:
Title Sheet and Location Map
Demolition Plan
Grading, Drainage, and Utility Plan
Layout Plan
Materials Plan
Electrical Plan
Planting Plan and Hydrozone Irrigation Calculations
Specifications will be in CSI format. A table of contents will be provided with the 30% set indicating section to be included in subsequent submittals.
Deliverable: Design Development Plans, Cost Estimate, and Specification table of Contents
2. City Staff Meeting #3: Design Development
Following a two-week review period, PlaceWorks will facilitate a virtual meeting with City staff and consulting project manager to discuss the Design Development plans and solicit review comments and edits. PlaceWorks will highlight requested changes from Neighborhood Council and the Design Review Board, if any.
Deliverable: Meeting Agenda and Summary
C ITY OF R ICHMOND
S HIELDS R EID P ARK R EVITALIZATION
SCOPE OF WORK AND C OST
PLACEWORKS 2
AUGUST 10, 2022
3. Neighborhood Council Meeting #2
Based on City feedback, PlaceWorks will revise the Design Development plans and present to Shields -Reid Neighborhood Council. PlaceWorks will facilitate a discussion of the project, highlighting how any requested changes from the first meeting with the Neighborhood Council were incorporated into the design.
It is assumed that the artists for the project will be selected prior to this meeting and the staff from the Richmond City Manager’s Office of Economic Development, Arts, and Culture can provide an update to residents during this meeting.
Deliverable: Presentation materials and summary of requested edits
4. Geotechnical Review
A3Geo will develop a geotechnical investigation report for the proposed project. The study will incorporate the existing geotechnical information provided, and will include a geologic reconnaissance of the site to evaluate existing conditions. A3GEO will also conduct up to six shallow borings (between 5 and 20 feet deep) in areas where structures are proposed, including the restroo m and play area, as well as in locations where foundations will be needed to support public art pieces. L aboratory tests will be conducted on the subgrade materials, and a letter report will be prepared containing the following: a site plan showing boring locations, logs of the borings, laboratory test data, a description of the geotechnical site conditions, site class and related seismic design parameters per the California Building Code, earthwork recommendations for subgrade preparation of pavements and structures, and foundation recommendations for a restroom building.
Deliverable: Geotechnical Letter Report
Task 2. Construction Documents
1. 60% Plans, Specifications, and Estimate (PS+E) Submittal Following the City’s approval of the Design Development plans, the P laceWorks team will develop the 60 -percent PS+E submittal for the project. The preliminary list and count of the construction document sheet set is anticipated to include approximately 38 to 40 sheets and is listed in Table 1. We believe for the purpose of clarity that construction document plans are best prepared at 1:20 scale.
The construction document set is anticipated to include:
TABLE 1 PRELIMINARY CONSTRUCTION DOCUMENT SHEETS (60% 90%, 100%,
FINAL SET)
Sheet Title Responsibility Sheets
Title Sheet and Location Map PlaceWorks 1
Notes, Legend and Abbreviations PlaceWorks 1
C ITY OF R ICHMOND
S HIELDS R EID P ARK R EVITALIZATION
SCOPE OF WORK AND C OST
PLACEWORKS 3
AUGUST 10, 2022
TABLE 1 PRELIMINARY CONSTRUCTION DOCUMENT SHEETS (60% 90%, 100%,
FINAL SET)
Sheet Title Responsibility Sheets
Existing Conditions /BASE @ 1:20 CSW|ST2 2
Water Quality Management Plan
(WQMP) CSW|ST2 2
Demolition Plans @ 1:20 CSW|ST2 2
Civil Construction Details CSW|ST2 3
Grading & Drainage Plans @1:20 CSW|ST2 2
Site Improvements/Horizontal Control
Plans @1:20 CSW|ST2 2
Sewer and Water (Wet) Utility Plans CSW|ST2 2
Materials Plan @1:20 PlaceWorks 2
Landscape Details PlaceWorks 6
Electrical Plans @1:20 CSW|ST2 2
Electrical Details CSW|ST2 2
Structural Plans CSW|ST2 1
Structural Calculations CSW|ST2 1
Irrigation Plans @1:20
WELO Calcs & Submittals Brookwater 2
Irrigation Details Brookwater 2
Planting Plan @1:20 PlaceWorks 2
Planting Details PlaceWorks 1
The 60-percent plans will be accompanied by draft specifications in CSI format. The cost estimate will be developed using the City’s preferred schedule of values format or other bid form ready template.
Deliverables: 60% PS+E
2. City Staff Meeting #4: 60% PS+E
Following a two-week review period, City staff or consulting project manager will provide PlaceWorks with one set of marked up plans and specifications. PlaceWorks will meet with staff to review comments on the 60% set and clarify any questions that may arise.
Deliverables: Summary of discussion
C ITY OF R ICHMOND
S HIELDS R EID P ARK R EVITALIZATION
SCOPE OF WORK AND C OST
PLACEWORKS 4
AUGUST 10, 2022
3. 90% PS+E Submittal:
Based on City review comments, PlaceWorks will revise the 60% submittal and refine it to 90%.
Deliverables: 90% PS+E submittal
4. City Staff Meeting #5: 90% PS+E
Following a two-week review period, City staff or consulting project manager will provide PlaceWorks with one set of consolidated review comments. PlaceWorks will meet with staff to review comments on the 90% set and clarify any questions that may arise.
Deliverables: Summary of discussion
5. 100% PS+E Submittal
Based on City review comments, PlaceWorks will revise the 90% submittal and refine it to 100%.
Deliverables: 100% PSE submittal
6. City Staff Meeting #6: 100% PS+E
Following a two-week review period, City staff or consulting project manager will provide PlaceWorks with one set of consolidated review comments. PlaceWorks will meet with staff to review comments on the 90% set and clarify any questions that may arise.
Deliverables: Summary of discussion
7. Permitting Coordination
The PlaceWorks team will coordinate with City staff to verify the required permits and necessary exhibits to achieve a set of ready permitting set drawings . Based on current assumptions, it appears that the project will need the permits from the following entities:
• City of Richmond Building Division
• Pacific, Gas, and Electric (PG&E)
• East Bay Municipal Utility District (EBMUD)
PlaceWorks will work with the City to prepare and submit all application forms as needed. It is assumed that the City will pay any associated fees.
8. Final PS+E (Bid Set)
Based on City review comments, PlaceWorks will make minor revisions to the 100 % submittal and refine it to final for going to bid purposes.
Deliverables: Final PS+E submittal
C ITY OF R ICHMOND
S HIELDS R EID P ARK R EVITALIZATION
SCOPE OF WORK AND C OST
PLACEWORKS 5
AUGUST 10, 2022
Task 3. Construction Administration
The PlaceWorks team is available to assist the City with construction administration as needed. We have listed our assumptions for these tasks below. Additional hours, if required, can be arranged on a time-and-materials basis.
1. Bidding
To assist the City during the bid process, PlaceWorks will attend one pre- bid meeting to assist City staff in answering contractor questions, prior to the submittal of bids; prepare technical information or changes to include in addenda being prepared by the City, and respond to requests for information.
2. Construction Site Visits
The PlaceWorks team will attend a pre- construction meeting with City staff and the Contractor to review the drawings and specs. Following this meeting, PlaceWorks will participate in one project coordination meeting per week of the anticipated construction phase and review the required mock -ups and field samples as indicated in the Technical Specifications as part of these meetings.
3. Submittal and RFI Responses
The PlaceWorks team will review submittals for conformance to plans and specifications and prepare a written response for each submittal.
The PlaceWorks team will respond to questions from the Contractor in the field, as requested by the City. PlaceWorks will respond in a timely and efficient manner to the contractor’s requests for additional information.
4. Punchlist
The PlaceWorks team will develop a draft punch list for the field inspector and contractor’s review following a pre -final site visit. PlaceWorks will participate in a final site visit to go over the items in the punch list, once the contractor has indicated the list is complete.
SCOPE HOURS
As shown in Table 1 , the PlaceWorks team has prepared an estimate of the hours for the previous scope effort.
PlaceWorks recommends planning for a 5 percent to 10 percent contingency fund to cover any unforeseen out-of-scope work that might be necessary for the project.
We are flexible regarding the prepared scope of work and hope that you will consider us for the project and proceed to negotiate the prepared scope and effort.
The PlaceWorks Team
Shields-Reid Park Revitalization
Table 1: Shields-Reid Park Revitalization Fee Estimate
Isabelle
Minn Jesse Jones Spence
Koehler
David
Gomez CSW|ST2 Brookwater A3Geo
PIC PM
Associate
Designer
Landscape
Designer
Hourly Rate: $230 $175 $130 $105
Task 1. Design Development
1D e s i g n Development (30% Drawing and Cost Estimate) 4 12 8 40 64 $165 $8,425 16,754 1,290 0 $1,804 $19,848 $28,273 2C i t y Staff Meeting #3: Design Development 26 8 $ 3 0 $ 1 , 5 4 0000 $ 0 $ 0 $ 1 , 5 4 0 3 Neighborhood Council Meeting #2 1 8 9 $ 3 3 $ 1 , 6 6 3000 $ 0 $ 0 $ 1 , 6 6 3 4 Geotechnical Review 0 $0 $0 0 0 10,000 $1,000 $11,000 $11,000 Task 2. Subtotal 7 26 8 40 81 $228 $11,628 $16,754 $1,290 $10,000 $2,804 $30,848 $42,476 Task 2. Construction Documents
1 60% PS+E S u b m i t t a l 1 25 27 2 1 2 0 256 $676 $34,496 29,278 5,130 0 $3,441 $37,849 $72,345 2C i t y Staff Meeting #4: 60% PS+E 2 6 8 $ 3 0 $ 1 , 5 4 0000 $ 0 $ 0 $ 1 , 5 4 0 3 90% PS+E Submittal 8 32 48 73 161 $427 $21,772 21,729 4,265 0 $2,599 $28,593 $50,365 4C i t y Staff Meeting #5: 90% PS+E Submittal 2 6 8 $ 3 0 $ 1 , 5 4 0000 $ 0 $ 0 $ 1 , 5 4 0 5 100% PS+E Submittal 8 16 18 40 82 $224 $11,404 0 2,200 0 $220 $2,420 $13,824 6C i t y Staff Meeting #6: 100% PS+E Submittal 2 6 8 $30 $1,540 10,312 0 0 $1,031 $11,343 $12,883 7 Permitting Coordination 4 8 12 $31 $1,571 6,000 0 0 $600 $6,600 $8,171 8F i n a l PS+E (Bid S e t ) 488 2 0 40 $109 $5,569 9,156 2,200 0 $1,136 $12,492 $18,061 Task 3. Subtotal 38 130 146 261 575 $1,557 $79,432 $76,475 $13,795 $0 $9,027 $99,297 $178,729 Task 3. Construction Administration
1 Bidding Support and Pre‐bid Meeting 3 4 7 $28 $1,418 2,846 0 0 $285 $3,131 $4,549 2C o n s t r u c t i o n Site Visits 12 48 48 108 $348 $17,748 7,680 2,160 0 $984 $10,824 $28,572 3 Submittal and RFI Responses 6 72 48 126 $404 $20,624 11,346 1,880 0 $1,323 $14,549 $35,173 4 Punchlist 2 10 12 $44 $2,254 0 750 0 $75 $825 $3,079
Task 4. Subtotal 23 134 96 0 253 $824 $42,044 $21,872 $4,790 $0 $2,667 $29,329 $71,373 Labor Hours Total 68 290 250 301 909
Labor Dollars Total $15,640 $50,750 $32,500 $31,605 $2,609 $133,104 $115,101 $19,875 $10,000 $159,474 $292,578 PlaceWorks Percent of Total Labor 7% 32% 28% 33%
EXPENSES
PlaceWorks Reimbursable Expenses $500
Subconsultants' Reimbursable Expenses $0
EXPENSES TOTAL $500
GRAND TOTAL $293,078
PLACEWORKS
Subconsultant
Total
Total Task
Budget
PlaceWorks
Hours
PlaceWorks
Total
SUBCONSULTANTS
Civil/Structural/
Electrical Irrigation Service Area
PlaceWorks 2%
Office Expenses
10%
Subconsultant
Markup
PlaceWorks
6 August 10, 2022
Grant Administration Guide
for the
California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018
COMPETITIVE GRANT PROGRAMS
September 2020
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs” Send correspondence to:
Street Address for Overnight Mail:
Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
1416 Ninth Street, Room 918
Sacramento, CA 95814
Mailing Address:
Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
P.O. Box 942896
Sacramento, CA 94296-0001
Phone: (916) 653-7423
Website: http://www.parks.ca.gov/grants
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the health, inspiration, and education of the people of California by helping to preserve the state’s extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation.
Community Engagement Division Mission
The mission of the Community Engagement Division is to encourage healthy communities by connecting people to parks, supporting innovative recreational opportunities, embracing diversity, fostering inclusivity, and delivering superior customer service, with integrity for the enrichment of all.
The Office of Grants and Local Services Mission
The mission of the Office of Grants and Local Services is to address California’s diverse recreational, cultural and historical resource needs by developing grant programs, administering funds, offering technical assistance, building partnerships and providing leadership through quality customer service.
OGALS VISION GOALS
To Be:
A leader among park and recreation professionals.
Proactive in anticipating public park and recreation needs and how new legislation and grant programs could best meet these needs.
Honest, knowledgeable and experienced grant administration facilitators. Sensitive to local concerns while mindful of prevailing laws, rules and regulations. Perceptive to opportunities for partnerships, growth and renewal where few existed before.
Committed to providing quality customer service in every interaction and transaction.
Responsive to the needs of applicants, grantees, nonprofit organizations, local governments, legislative members, and department employees.
TABLE OF CONTENTS
GRANT PROCESS ............................................................................................................ 2 Projects Involving Acquisition ............................................................................................. 3 Eligible Acquisition Costs ................................................................................................... 3 Development Projects ........................................................................................................ 4 Eligible Development Costs ............................................................................................... 4 Funding Sources Form ....................................................................................................... 6 CEQA Compliance Certification ......................................................................................... 7 SPECIAL REQUIREMENTS .............................................................................................. 8 Greenhouse Gas Emissions Reduction and Carbon Sequestration. .................................. 8 Status Report ..................................................................................................................... 9 Bond Act Sign .................................................................................................................. 11 Deed Restriction .............................................................................................................. 12 Three-Bid Process ........................................................................................................... 16 Fidelity Bond .................................................................................................................... 17 GRANT PAYMENTS ....................................................................................................... 18 Rural Recreation Tourism Match ..................................................................................... 19 Payment Request Form ................................................................................................... 21 Grant Expenditure Form ................................................................................................... 22 Project Completion Packet ............................................................................................... 23 COMPETITIVE GRANT PROGRAM CONTRACT .......................................................... 28 ACCOUNTING AND AUDITS .......................................................................................... 35 Accounting Requirements ................................................................................................ 35 Audit Checklist ................................................................................................................. 36 Definitions ....................................................................................................................... 37 Words and terms shown in SMALL CAPS are found in the definitions section.
2 Background
This guide provides grant administration procedures and requirements for competitive projects funded by Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access For All Act of 2018. OGALS retains the right to waive requirements not mandated by statute.
Grant Process
1. Applicants receive a letter from OGALS indicating an application has been selected for funding.
2. Applicants attend a mandatory grant administration workshop.
3. If applicable, applicant fulfills any unmet application requirements.
4. OGALS sends a contract to the applicant:
a. The CONTRACT section, beginning on page 28, includes a sample contract. b. The applicant returns the contract signed by the AUTHORIZED REPRESENTATIVE to OGALS within 60 days of receipt.
c. OGALS returns a copy of the fully executed contract, at which point the applicant becomes a GRANTEE.
5. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. The GRANT payments section, beginning on page 18, provides payment request instructions and forms.
The GRANTEE completes PROJECT no later than December 31, of the year before the GRANT liquidation date as shown on the contract.
The GRANTEE sends PROJECT COMPLETION PACKET(s) to OGALS no later than March 31, of the year the GRANT liquidates.
OGALS processes the final payment request after each PROJECT is complete as documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified by OGALS by conducting a site inspection.
6. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following issuance of the final GRANT payment or PROJECT termination, whichever is later. The Accounting and Audit Section, beginning on page 35, provides directions and an Audit Checklist for DPR audit and accounting requirements.
3 Projects Involving Acquisition
Acquisition Rules
1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to pay the difference.
2. Associated acquisition costs, such as appraisals, escrow fees, title insurance, etc., are considered pre-construction costs, which are limited to 25% of the GRANT.
3. The GRANTEE must record a deed restriction on the property after the acquisition is complete.
4. GRANTEE must provide title insurance.
Acquisition Documentation
For each parcel to be acquired, submit the following documents:
1. An appraisal conducted within the last twelve months.
2. A separate letter from an independent third party, AG-rated appraiser, certified by the California Office of Real Estate Appraisers, stating the appraisal was reviewed, and was completed using acceptable methods.
For easement acquisitions, in addition to the requirements above, provide:
3. A copy of the proposed easement guaranteeing the authority to use the property for the purposes specified in the application.
For relocation costs, in addition to the requirements above, provide:
4. A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for each displaced tenant, certifying that the relocation amount does not exceed the maximum allowed pursuant to Government Code §§7260-7277.
Eligible Acquisition Costs
IN-HOUSE EMPLOYEE SERVICES – see accounting rules for more information (page 35) GRANT/PROJECT administration and accounting
Public meetings/focus groups/design workshop
Appraisals, escrow fees, surveying, other costs associated with acquisition Cost of land
Ineligible Acquisition Costs – Cannot be charged to the GRANT Costs incurred outside the GRANT performance period
Cost for land acquired through eminent domain or condemnation Acquisitions where purchase price is greater than appraised value Costs to fulfill any mitigation requirements imposed by law (PRC §80020) 4 Development Projects
Development Project Rules
1. Contracted work must comply with the provisions of §1771.5 of the State Labor Code.
2. GRANTEE must have adequate liability insurance, performance bond, or other security necessary to protect the State and GRANTEE’S interest against poor workmanship, fraud, or other potential loss associated with the completion of the PROJECT.
3. PRE-CONSTRUCTION COSTS may not exceed 25% of the GRANT.
4. PROJECTS must be accessible, including an accessible path of travel to the PROJECT.
Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are examples of eligible costs, and not inclusive. Contact OGALS if you have any questions regarding a PROJECT cost.
Eligible Pre-construction Costs – up to 25% of GRANT; incurred prior to groundbreaking as determined by the grantee
Public meetings, focus groups, design workshops
Plans, specifications, construction documents, and cost estimates Permits
Financing
CEQA
Bid preparation and packages
IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
GRANT/PROJECT administration and accounting prior to groundbreaking Eligible Construction Costs – up to 100% of the grant; incurred after groundbreaking
Construction – necessary labor and construction activities to complete the PROJECT, including site preparation (demolition, clearing and grubbing, excavation, grading), onsite implementation and construction supervision
Equipment – equipment use charges (rental and in-house) must be made in accordance with GRANTEE’S normal accounting practices
Bond and other signs
Premiums on hazard and liability insurance to cover personnel or property Purchase and installation of equipment: security cameras, lighting, signs, display boards, sound systems, video equipment, etc.
Construction management, including site inspections and PROJECT administration Miscellaneous – other costs incurred during the construction phase, such as transporting materials, equipment, or personnel, and communications Financing
IN-HOUSE EMPLOYEE SERVICES after groundbreaking
GRANT/PROJECT administration and accounting after groundbreaking
5 Ineligible Development Costs – Cannot be charged to the grant PRE-CONSTRUCTION COSTS that exceed 25% of the GRANT
Development to fulfill any mitigation requirements imposed by law (PRC §80020) All non-capital costs, including interpretive and recreational programming, software and software development
Construction or improvements to facilities that are not primarily designated for recreational purposes, such as park district offices
Furniture or equipment not site specific and not necessary for the core function of a new facility (non-capital outlay)
Construction costs incurred outside of the park boundaries Costs incurred before or after the GRANT PERFORMANCE PERIOD Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinary operating costs (rent, mortgage payments, property taxes, utilities, etc.) Food and beverages
Out-of-state travel
Repairs – activities performed to a section of a structure that are intended to allow the continued use
Maintenance – activities intended to be performed on a regular basis to maintain the expected useful life of a structure
Fundraising and grant writing
Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its employees to be eligible for reimbursement:
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.
Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
Time sheets that do not identify the specific employee’s time spent on the 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 vacation, health insurance, pension contributions and workers’ compensation.
Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.
May not include overhead or cost allocation. These are the costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.
If claiming IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet in advance for OGALS review to confirm these accounting practices are being followed.
6 State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Funding Sources Form
GRANTEE: PROJECT Name:
PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete and the PROJECT is open to the public. PROJECTS will:
Be entirely funded by the GRANT, or
Require funds in excess of the GRANT.
If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be either the SCOPE of the larger project, or a subset of the larger project.
For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a playground, that can be complete and open to the public. ☐ The PROJECT will be entirely funded by the GRANT, or
☐ The PROJECT requires funds in excess of the GRANT:
☐ The SCOPE is the same as the scope of the larger project, or ☐ The SCOPE is a subset of a larger project, the scope of that larger project is:
Larger project cost: $ Anticipated completion date:
List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified.
Funding Source Date Committed Amount
SPP/State of California July 1, 2019 $
$
$
I represent and warrant that I have full authority to execute this Funding Sources Form 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 GRANT is true and correct to the best of my knowledge.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
7 State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification
GRANTEE:
Project Name:
Project Address:
Is CEQA complete? Yes No Is completing CEQA a PROJECT SCOPE item? Yes No What document was filed, or is expected to be filed for this project’s CEQA analysis:
Date complete/expected to be completed
Notice of Exemption (attach recorded copy if filed)
Notice of Determination (attach recorded copy if filed) Other:
If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency.
Lead Agency Contact Information
Agency Name:
Contact Person:
Mailing Address:
Phone: ( ) Email:
Certification:
I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project’s construction or acquisition.
I further certify that the CEQA analysis for this project encompasses all aspects of the work to be completed with grant funds.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
FOR OGALS USE ONLY
CEQA Document Date Received PO Initials
NOE NOD
8 Special Requirements
Greenhouse Gas Emissions Reduction and Carbon Sequestration Status Reports (page 9)
Bond Act Sign (page 11)
Deed Restriction (page 12)
For non-profit GRANTEES: Three bid process (page 16) and Fidelity Bond (page 17)
Greenhouse Gas Emissions Reduction and Carbon Sequestration.1 If your PROJECT involves tree planting, follow the instructions below and submit with the PROJECT COMPLETION PACKET.
Before getting started, gather the following PROJECT information:
Tree species
Size of trees at planting
Information on the distance and direction to the nearest building (if applicable) Information on the age and climate control of any nearby buildings (if applicable) Information about the tree’s growing conditions
Getting started:
1. Navigate to the i-Tree site at https://planting.itreetools.org and select the tab for a new project.
2. On the Location map, select your state, county and city, and then click Next.
3. Configure the project parameters2:
“Electricity emissions factor” enter 285 and select kilograms “Fuel emissions factor” enter 53.1 and select kilograms “Years for the project” is the age of the trees 40 years from when they are planted. So, if the trees will be four years old at the time of planting, enter 44. “Tree mortality” enter 0
4. Tree Planting Configurations
Enter the tree groups for the project; create a new group for each new species or for each new location.
Species – select the species; add multiple species by creating new groups. DBH – tree diameter four feet above the ground at time of planting. Distance to nearest tree – select from drop down menu Tree is (north, south, east or west) of Building – select the direction the tree is located to the nearest climate controlled building.
1 PRC §80001(b)(7)
2 Project parameters are from the California Air Resources Board’s “Quantification Methodology for the California Natural Resources Agency Urban Greening Grant Program.”
9 Climate controls – select the type of climate controls the nearby building has installed. If a tree is more than 60 feet away from a climate controlled building, select “none.”
Condition – select the overall health of the trees at the time of planting. Exposure to sunlight – select the amount of sun that reaches the tree, based on its surroundings.
Number of trees – enter the number of trees that are the same species and the same characteristics (e.g. distance to building, location in respect to building, exposure to sunlight, etc.) If some of these characteristics change, multiple lines of the same species should be input into the tool.
Once all the groups are entered, click next
5. Print the report in landscape mode, and submit it to OGALS.
Status Report
OGALS will send a Status Report every six months until receipt of a PROJECT COMPLETION PACKET. Payment requests will not be processed if Status Reports are overdue. See sample on following page.
10 Sample Status Report – Due xx/xx/20xx (30 days from mail date)
Grantee:
Project Number:
Project Name:
Project Scope:
Project Phase: □ Pre-Construction/Pre-Acquisition □ Acquisition and/or Construction When will you submit your next payment request? For how much? Estimated date of project completion:
Potential obstacles affecting completion:
Is the project: On Time? yes/no Within Budget? yes/no Within Scope? yes/no If no, explain:
Describe grant-funded work completed since last status report submitted on (DATE):
Are CCC or certified local corps working on this project? Yes/No Provide photos showing work completed since (DATE)
Describe grant-funded work expected to be completed by (MailDate + 6 mos) If there have been any changes to the proposed funding for this project, attach a revised Funding Sources Form.
Provide information on payments to be submitted over the next three years:
Between
7/1/20
and
6/30/21
Between
7/1/21
and
12/31/21
Between
1/1/22
and
6/30/22
Between
7/1/22
and
12/30/22
Between
1/1/23
and
6/30/23
Between
7/1/23
and
12/30/23
After
1/1/24
$ $ $ $ $ $ $
The purpose of this data is to help the State estimate borrowing needs; you will not be held to these estimates.
I 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 Grant is true and correct to the best of my knowledge.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
(*Certification to above information requires a signature by a person authorized in the resolution)
11 Bond Act Sign
A sign acknowledging the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 as the funding source for the project must be installed during construction and at completion (PRC §80001(b)(3)). If appropriate, the same sign can be used during construction and completion.
Sign requirements
The sign must be available during construction, at the final inspection of the PROJECT, and remain in place for a minimum of four (4) years from date of PROJECT completion.
There is no minimum or maximum size other than the minimum size for the logo, as long as the sign contains the required wording.
Sign Language
All signs must contain the following language:
GAVIN NEWSOM, GOVERNOR
Wade Crowfoot, Secretary for Natural Resources
Armando Quintero, Director, California Department of Parks and Recreation Use the names of the current officials. The name of the director of the local agency or other governing body may be added. The sign may also include names (and/or logos) of other partners, organizations, individuals and elected representatives.
Logo
All signs must display the Parks and Water Bond Act logo (shown on the cover of this guide). Display the logo to maximize visibility and durability. Download the logo at https://resources.ca.gov/grants/Grant-Program-Resources, click on the logo artwork section. Each edge of the logo must be a minimum of 24″ x 24″. Exceptions may be approved, when appropriate, at OGALS’ discretion.
Sign Construction
All materials used shall be durable and resistant to the elements and graffiti.
Sign Cost
The cost of the sign(s) is an eligible PROJECT cost. Permanent signage is encouraged.
Appropriateness of Signs
For projects where the required sign may be out of place or affected by local sign ordinances, OGALS may authorize a sign that is more appropriate to the project.
State Approval
GRANTEE shall submit the proposed number, locations, size, and language of signs for preliminary review. Final payments will not be processed until post completion signage has been approved and installed.
12 Deed Restriction
The Deed Restriction restricts the title to the property, safeguarding the property for purposes consistent with the GRANT for the duration of the CONTRACT PERFORMANCE PERIOD.
If the GRANTEE owns the PROJECT land, a Deed Restriction must be recorded on the title to the property before OGALS will approve any grant payments except an advance into escrow and pre-acquisition costs. A Deed Restriction is not required if the GRANTEE does not own the PROJECT land, such as where the GRANTEE is improving property it has access to under a lease agreement.
Deed Restriction Instructions
Before filing the Deed Restriction, the GRANTEE must own the PROJECT land, and have an encumbered CONTRACT for the GRANT amount.
The PROJECT OFFICER will send the Deed Restriction to the GRANTEE. Do not alter the Deed Restriction. The GRANTEE takes the following steps:
1. Add ownership information to Paragraph I of the Deed Restriction: [formal name of GRANTEE] Insert ownership information as it appears on the deed.
2. Create 3 copies (GRANTEE copy, OGALS copy and recorder’s copy) of the Deed restriction and the required attachments:
Exhibit A: Label this attachment “Exhibit A (Legal Description of Property)” and include a formal legal description of every parcel of property to which grant funds will be used for the development and/or acquisition thereof. This information can be obtained from the grant deed or title policy. (The assessor’s parcel number or a street address is NOT a valid legal description.) and,
Exhibit B: Label this attachment “Exhibit B (Grant CONTRACT)” and include a complete copy of the Grant CONTRACT and provisions signed by the AUTHORIZED REPRESENTATIVE and the State of California.
3. Notarize it: Take 3 copies of the following documents to a notary. OGALS recommends submitting these documents to the PROJECT OFFICER for review prior to notarizing.
Unsigned and undated Deed Restriction
Exhibit A (Legal Description of Property)
Exhibit B (Grant CONTRACT)
The AUTHORIZED REPRESENTATIVE dates and signs the Deed Restriction signature page in the presence of a notary. The notary will complete a Notary Acknowledgement (Civil Code §1189).
4. Record it: Take 3 copies of the notarized documents bulleted above to the County Recorder’s Office of the county in which the property is located. Ask the County Clerk to record the Deed Restriction with Notary Acknowledgement, Exhibit A, and Exhibit B, on the title to the property.
5. Send it: Make sure to send a copy of the notarized and recorded Deed Restriction, Exhibit A, and Exhibit B to the OGALS Project Officer.
13 RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: [Project Officer]
DEED RESTRICTION
I. WHEREAS, insert ownership information as it appears on the deed (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
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 of the California Public Resources Code (hereinafter referred to as the “PRC”). And
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Program for improvements on the Property; and
IV. WHEREAS, on (enter date), DPR’s Office of Grants and Local Services conditionally approved Grant [project number], (hereinafter referred to as “Grant”) for improvements on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the Competitive Grant Program and the funds that are the subject of the Grant could therefore not have been allocated; and
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 in the Grant;
14 NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (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 and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.
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, 20xx to June 30, 20xx (20 years) or June 30, 20xx (30 years).
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.I of the California Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statue, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.
4. 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 Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding such breach, or any subsequent breach.
15 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.
AUTHORIZED REPRESENTATIVE Signature Date
Print/type name and title of above
Business Name (if property is owned by a business):
Additional signature, if required Date
Print/type name and title of above
16 Three-Bid Process
(For nonprofit GRANTEES only)
1. Nonprofit 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 greater than $25,000.
Bid description must include the requirement to comply with §1771.5 of the State Labor Code.
Bid description must include all required project elements based on the original competitive application - Project Selection Criteria proposal, Grant Scope/Cost Estimate Form, and concept level site plan.
2. Nonprofit GRANTEE provides each bidder (potential contractor) the same written invitation for bid describing the project work to be performed based on “Best value” (determined by price, quality of materials, equipment, and workmanship), and the required project elements based on the original competitive application.
By signing the GRANT CONTRACT, the nonprofit GRANTEE agreed to meet the specific objectives as described in the competitive Project Selection Criteria proposal.
3. Solicit bids by contacting at least three potential contractors or by invitation for bids advertising, or a combination of both methods.
4. The nonprofit GRANTEE’s Board of Directors evaluates the bids to determine which contractor will provide the best value and will meet project requirements. The evaluation process must ensure no conflict of interest between the contractor and the nonprofit GRANTEE’s Board of Directors. The nonprofit GRANTEE’s Board of Directors need not necessarily accept the lowest bid, but a reasonable justification for the decision must be recorded in writing.
5. The Board of Directors selects a contractor and awards a contract.
6. For audit purposes, the nonprofit GRANTEE keeps records of steps 1 – 5 above.
Waiver of Three-bid Requirement
To request a waiver of the three-bid process requirement, the non-profit GRANTEE must send a written request to the Project Officer assigned to the grant project and explain why a waiver is required.
The waiver request may include “sole source” factors where only one contractor has the expertise to deliver the work.
The waiver request may also include “public good” or other required factors that may be based on the Project Selection Criteria proposal in the competitive APPLICATION. For example, the Project Selection Criteria proposal may require the hiring of conservation corps.
17 Fidelity Bond
(For nonprofit GRANTEES only)
Nonprofit 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 cost for a fidelity bond is an ELIGIBLE COST.
A fidelity bond provides insurance covering fraudulent acts of GRANTEES’ employees, volunteers, officers, and directors. The nonprofit is the party insured. DPR must be named as a Third Party Loss Payee, i.e., the same as a bank on a car loan or a mortgage company on a home 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 equal to or greater than the GRANT amount. If the GRANTEE’S existing coverage is lower than the GRANT amount, the GRANTEE needs to amend the coverage to equal or exceed the GRANT amount. Fidelity bond insurance must be kept current for at least six months after the date of the final GRANT payment.
GRANTEES may obtain the fidelity bond through their general liability carrier, a major casualty insurance carrier, or a bonds specialty company. These sources are listed in the yellow pages or internet. A list of fidelity bond frequently asked questions is available on the OGALS web site at www.parks.ca.gov/grants.
18 Grant Payments
Payments may be requested from OGALS once a PROJECT is approved and the CONTRACT is encumbered. Payment requests are processed through the State Controller’s Office and are mailed to the GRANTEE approximately six to eight weeks from the date OGALS approves the request.
OGALS may withhold payment if the GRANTEE has outstanding issues, such as:
breach of any other contract with OGALS
an unresolved audit exception
an outstanding conversion
park sites closed or inadequately maintained
overdue Project Status Reports
other unmet grant requirements
Payment Rules
1. Payment requests prior to groundbreaking are limited to 25% of the PROJECT amount, unless for acquisition costs.
2. Payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final REIMBURSEMENT payment. GRANTEES may contact their PROJECT OFFICER to request OGALS consider a reduced retention amount.
3. Group costs together to avoid frequent payment requests. Payment requests greater than $10,000 are encouraged.
4. For PROJECTS where match is required, GRANTEES must show eligible costs equal to 125% of the requested reimbursement amount (see page 19).
These items are required prior to requesting any payment, if applicable:
1. A deed restriction, except for an ADVANCE into escrow.
2. If not already submitted, complete CEQA for construction reimbursement.
3. A sample timesheet prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs.
4. When the bid process is required, provide a summary list of bidders, the recommendation by reviewer of bidders, notice of award, and contract agreement.
These items are required with every payment request, when applicable:
1. A Grant Expenditure Form (see page 22) is required with all reimbursement and final payment requests.
2. If a payment request includes IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet representing how employee staff time was tracked during the period of requested reimbursement.
3. Construction progress photos, including a photo with the construction sign visible on the PROJECT site (page 11), with all construction payment requests.
19 Rural Recreation Tourism Match
(For this grant program ONLY)
Unless the PROJECT has been identified as serving a disadvantaged community, the GRANTEE must include a 20% match (PRC §80090(b)).
Costs incurred to provide match must be eligible costs.
Eligible match sources
Federal funds
Local funds
Private funds
IN-HOUSE EMPLOYEE SERVICES
Volunteer labor – must maintain time and attendance records showing actual hours worked (see https://independentsector.org for volunteer hourly wage value) Ineligible match source
State funds
Match and Eligible Costs
The match is 20% but grantee must show 25% in additional costs if match is required. For example:
Determining the match amount:
PROJECT amount: $125,000
20% match: ($25,000)
GRANT amount: $100,000
Submitting costs for reimbursement
GRANT amount: $100,000
25% in additional costs: $25,000
PROJECT amount: $125,000
In summary, the 20% match calculation is based on the PROJECT amount, not on the GRANT amount.
20 Payment Request Form Instructions
All payment request types (reimbursement, final, ADVANCE) require this form. A fillable, digital version of the payment request form is available at www.parks.ca.gov/grants. Grantees are encouraged to submit payment requests digitally, as .pdf files. E-mail each document to the PROJECT OFFICER as a separate digital file, labeled as the document item. Retain all documents with original signatures with the PROJECT records. Round all amounts to the nearest whole dollar.
A Grant Expenditure Form (see page 22) is required with all reimbursement and final payment requests.
Complete the Payment Request Form as follows:
1. PROJECT Number – Number assigned by OGALS when this PROJECT was approved
2. Contract Number – As shown in Certification of Funding section of the contract
3. APPLICANT – GRANTEE name as shown on the contract
4. PROJECT Title – Name of the PROJECT as shown in the Application
5. Type of Payment – check appropriate box on form
6. Payment Information – round down to the nearest dollar
7. Send Warrant To – agency name, address and contact person
8. Signature of AUTHORIZED REPRESENTATIVE
21 Payment Request Form
22 Grant Expenditure Form
All payment requests require a summary of costs incurred. An electronic version of the grant expenditure form is available at www.parks.ca.gov/grants. GRANTEES may use their own spreadsheet if it contains the required information shown below. Keep copies of invoices or warrants with the PROJECT records, available to OGALS on request. Only provide the following information to OGALS:
PROJECT Number:
Warrant/Check
#(1) Date(2) Recipient(3) Purpose(4)
Pre-
Construction
Amount(5)
Construction
Amount(6)
TOTALS AMOUNT
PRE-CONSTRUCTION Subtotal (5) $
Construction Subtotal (6) $
Grand Total (5) + (6) $
List only ELIGIBLE COSTS charged to the GRANT.
Column (1) Electronic payment numbers/electronic funds transfer numbers in the “Warrant/Check Number” column are acceptable. Include an “EP” next to the electronic payment numbers/electronic funds transfer numbers.
If IN-HOUSE EMPLOYEE SERVICES or GRANTEE’S own equipment was used, a work order or other tracking number can be used instead of a check/warrant number.
Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used, provide the date range with a summary of actual hours worked, and a sample timesheet.
Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity providing services and/or materials.
Column (4) SCOPE item related to the expenditure and a brief description, such as “playground design,” “community center permits,” “walkway materials,” “sports field construction.” Column (5) PRE-CONSTRUCTION costs eligible for up to 25% of the GRANT.
Column (6) DEVELOPMENT costs eligible for up to 100% of GRANT.
23 Project Completion Packet
PROJECT COMPLETION PACKETS must be submitted by March 31, of the year the GRANT liquidates, as shown on the contract.
GRANTEES are encouraged to submit documents digitally, as .pdf files. E-mail the documents to the PROJECT OFFICER as separate .pdf files for each document. Retain all documents with original signatures with PROJECT records. GRANTEES should follow up with PROJECT OFFICER to confirm documents were received.
The final payment (not less than 20% of the GRANT) will be processed after PROJECT COMPLETION and the following occurs:
1. Approval of the PROJECT COMPLETION PACKET (page 23)
2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION To request the final payment and complete the PROJECT, the GRANTEE must submit the following documents:
1. Payment Request Form (page 21)
2. Grant Expenditure Form (page 22)
3. Final Funding Sources Form (page 6)
4. Project Completion Certification Form (page 24)
5. Greenhouse Gas Emissions Reduction and Carbon Sequestration (if applicable) (page 8)
6. Notice of Completion (optional)3
7. Photo of the bond act sign and location (page 11)
8. Recorded Deed Restriction if not already provided (page 12)
9. Completed CEQA if not already provided (page 7)
10. Audit checklist with items checked that GRANTEE will retain for five years following receipt of final payment (page 36)
For PROJECTS involving acquisition, the GRANTEE must submit these additional documents, if not already provided:
1. A copy of the recorded deed to the property
2. A map sufficient to verify the description of the property including parcel numbers and acreage
3. Copy of title insurance policy
4. Copy of title report
3 OGALS recommends that the GRANTEE file a Notice of Completion with the County Recorder pursuant to State of California Civil Code §3093. Filing the Notice of Completion is not a PROJECT COMPLETION requirement.
24 State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Project Completion Certification Form
Grantee: Project Number:
Grantee contact for audit purposes
Name:
Address:
Phone: ( ) Email:
Project completion – list the grant scope items:
Provide revised Funding Sources Form
Interest earned on advanced funds: $
Interest spent on eligible costs: $
Was a Notice of Completion filed with the County Recorder or other appropriate entity? Yes / No
Certification:
I hereby certify that all Grant funds were expended on the above named Project and that the Project is complete and we have made final payment for all work done.
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 or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in state prison for two, three, or four years.
Furthermore, I have read California Penal Code §72 and understand that every person who, with the 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 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 thousand dollars, or both.
I represent and warrant that I have full authority to execute this Project Completion Certification on 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.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
25 Advance Payments
OGALS reserves the right to disapprove ADVANCE payment requests. Past performance, GRANTEE capacity, and the GRANTEE’S financial resources will all be considered before issuing an ADVANCE.
ADVANCE payments may be requested for costs expected to be incurred in the next six months.
ADVANCE payments must be placed in an interest bearing account. Earned interest must be spent on the project, and cannot be returned to OGALS.
ADVANCE funds must be spent within six months of receipt, or returned to OGALS. The sum of DEVELOPMENT ADVANCES cannot exceed 50% of the GRANT.
There are two types of DEVELOPMENT ADVANCE payments: PRE-CONSTRUCTION and CONSTRUCTION:
Pre-Construction Advance
Payment
Type
Maximum Request When to
Request
Documents to
Send to PROJECT OFFICER
Costs to be
incurred in
next six
months
Preconstruction
estimate shown on
PROJECT
SCOPE/cost
estimate form
After the
contract has
been
encumbered
Payment Request Form
ADVANCE justification (see page 26)
Sample timesheet if funds will be
spent on IN-HOUSE EMPLOYEE
SERVICES
Construction Advance
Payment
Type
Maximum Request When to
Request
Documents to
Send to PROJECT OFFICER
Costs to be
incurred in
next six
months
No more than 50%
of the GRANT.
After the
contract has
been
encumbered,
and
construction
will commence
during the next
six months
Payment Request Form
ADVANCE justification (see page
26)
Bid documents (see page 16,
number 7), copy of signed
construction contract and a
notice to proceed or IN-HOUSE
EMPLOYEE SERVICES schedule
Filed NOD or NOE (page Error!
Bookmark not defined.)
Sample timesheet if funds will be
spent on IN-HOUSE EMPLOYEE
SERVICES
26 Advance Justification
Provide the following information:
Explanation why an ADVANCE is needed instead of a reimbursement. Describe any hardships the GRANTEE will experience if a reimbursement were issued instead of an ADVANCE.
A payment schedule, with a month-by-month estimate, for up to six months, showing the anticipated amount needed, and to whom the funds will be paid (IN-HOUSE EMPLOYEE SERVICES or name of contractor). The six month period should begin six to eight weeks after payment request is submitted.
A funding plan, indicating how the GRANTEE intends to provide cash flow to the percentage of the PROJECT exceeding the 50% ADVANCE limit. A statement indicating the GRANTEE will put the advanced funds into a separate, interest bearing account, and spend any interest earned on the PROJECT. An acknowledgement that all invoices and contracts pursuant to which payments are made shall be made available to OGALS on demand.
Clearing the Advance
ADVANCES must be cleared with six months of receipt, or earlier. ADVANCES should be cleared incrementally, that is, as costs are incurred. An ADVANCE is cleared as follows:
Submit a grant expenditure form (see page 22) documenting expenditures of eligible costs equal to the ADVANCE amount plus any earned interest. Submit photos of construction completed and the construction sign (see page 11) with the ADVANCE funds (for construction ADVANCES).
Return the balance of unspent GRANT funds 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.
Subsequent Payments
ADVANCE payments must be cleared before any payments will be approved.
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 are required to request a waiver:
1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE, explaining why the waiver is needed.
2. A statement in the letter that the majority of ADVANCED funds has been cleared.
3. A payment schedule with month by month estimates detailing the anticipated amount needed including the unspent balance of previously ADVANCED funds, along with the additional requested reimbursement or ADVANCE.
27 Acquisition Advance
Payment Type When to Request Documents to Send
ADVANCES up to 100% of
the acquisition amount.
After the contract is
encumbered and escrow
is open
See following instructions
1. Escrow letter
2. Title report cover page
3. Payment request form
The following items are required to request an ADVANCE payment into escrow:
1. A letter on the GRANTEE’s letterhead, addressing all of the following elements, and signed by the GRANTEE’s AUTHORIZED REPRESENTATIVE:
a) Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the GRANT funds will be disbursed. b) Copy of the property appraisal and written concurrence (page 3). c) GRANT CONTRACT number and amount of GRANT funds requested. d) A statement by the GRANTEE that “the preliminary title report shows that there are no liens, easements, or any other restrictions that would prevent completion of the SCOPE and fulfillment of the CONTRACT provisions.”
e) A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to be provided under this agreement) needed for the completion of the acquisition of the property or properties have been secured and have been or will be deposited to escrow on or about the same date as the requested GRANT funds.” In making this statement, the GRANTEE is entitled to reasonably rely on the representations of the seller.
2. Cover page of the preliminary title report.
3. Payment Request Form: the “Send Warrant To” item 7 on the Payment Request Form must be completed using the title company’s or escrow holder’s name, mailing address, and contact person (see page 21).
After approval by OGALS, the payment will be mailed by the State Controller’s Office to the designated escrow company within approximately 30 working days.
Returning Unexpended Advanced Funds for Acquisition
If all or a portion of GRANT funds ADVANCED to the title or escrow company are not expended, the unused portion of the ADVANCED funds must be returned to OGALS within 60 days after completion of the acquisition(s), within 60 days of the acquisition withdrawal, or within 60 days after the end of the GRANT PERFORMANCE PERIOD, whichever is earlier. A grantee may also submit a Grant Expenditure Form (see page 22) documenting expenditures of eligible costs.
28 Competitive Grant Program Contract
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Sample Grant Contract
Competitive Grant Program
GRANTEE: Grantee Name
GRANT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 1, 2019 through June 30, 2049 The GRANTEE agrees to the terms and conditions of this contract (CONTRACT), and the State of California, acting through its Director of the Department 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 PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.
The General and Special Provisions attached are made a part of and incorporated into the Contract.
Total State grant amount not to exceed $ [GRANT amount]
GRANTEE
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR
T.B.A. NO. B.R. NO. INDEX
Funding Source OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER
DATE
29 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [grantee name] (hereinafter referred to as “GRANTEE”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed $grant amount, subject to the terms and conditions of this CONTRACT and the 20xx/xx California State Budget, Chapter xx, statutes of 20xx, Item number – 3790-xxx-xxxx (appropriation chapter and budget item number hereinafter referred to as “COMPETITIVE GRANT PROGRAM GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 1, 20xx to June 30, 20xx.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this CONTRACT.
6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.
7. The term “GUIDES” means (1) the document identified as the “Grant Administration Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Competitive Grant Programs Capital Improvement Projects” and (2) The Application Guide that established the competitive procedures and policies for the selection of projects.
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 CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, 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 GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
30 2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this contract.
To maintain the integrity of the competitive grant program, the GRANTEE agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, §21000, et seq., Title 14, California Code of Regulations, §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, 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.) C. Procedural Guide
1. GRANTEE agrees to abide by the GUIDES.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the GUIDES. If 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 DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. 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 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 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 in Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual agreement is not required.
31 3. Failure by the GRANTEE to comply with the terms of the (a) GUIDES, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with 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 case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, 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 the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.
G. 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 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 GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney 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
32 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, including loan documents, and all other 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 five years following project termination or issuance of final payment, whichever is later.
The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
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 CONTRACT 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 CONTRACT. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the 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, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
2. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.
3. 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 was 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 the Grant CONTRACT.
4. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.
33 5. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.
J. 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 grant program.
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.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE’S rights under this CONTRACT 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.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
34 O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
GRANTEE
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
35 Accounting and Audits
Accounting Requirements
GRANTEES must use accounting practices that:
Provide accounting data that clearly records costs incurred on the PROJECT and accurately reflects fiscal transactions, with the necessary controls and safeguards. Provide good audit trails, especially the source documents (purchase orders, receipts, progress payments, invoices, time cards, cancelled warrants, warrant numbers, etc.) specific to the PROJECT.
Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES) 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.
Time estimates, including percentages, for work performed on the PROJECT are not acceptable.
Time sheets that do not identify the specific employee’s time spent on the 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 vacation, health insurance, pension contributions and workers’ compensation.
Overtime costs may be allowed under the GRANTEE’S established policy, provided that the regular work time was devoted to the same PROJECT.
May not include overhead or cost allocation. These are costs generally associated with supporting an employee, such as rent, personnel support, IT, utilities, etc.
State Audit
Grants are subject to audit by DPR (see page Error! Bookmark not defined., Audit Checklist). All PROJECT records must be retained for five years after final payment was issued, or PROJECT terminated, whichever is later.
The GRANTEE must provide the following when an audit date and time has been confirmed by DPR:
All PROJECT records, including the source documents and cancelled warrants, books, papers, accounts, time sheets, or other records listed in the Audit Checklist or requested by DPR.
An employee having knowledge of the PROJECT and its records to assist the DPR auditor.
Record Keeping Recommendation
GRANTEES are encouraged to keep records of all eligible costs, including those not submitted to OGALS for payment. This provides a potential source of additional eligible costs, should any submitted expenses be deemed ineligible.
Contact the DPR Audits Office at (916) 657-0370 for questions about these requirements.
36 Audit Checklist
An audit of the PROJECT may be performed before or following PROJECT completion. The GRANTEE must retain and make available all PROJECT related records for five 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, contact the State Department of Parks and Recreation Audits Office at (916) 657-0370.
CONTRACTS
□ Summary list of bidders (including individual
bid packages)
□ Recommendation by reviewer of bids
□ Award 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, bank statements, EFT receipts**)
□ Stop Notices (filed by sub-contractors and
release if applicable)
□ Liquidated damages (claimed against the
contractor)
□ Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
□ 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
MINOR CONTRACTS/ MATERIALS/
SERVICES/EQUIPMENT RENTALS
□ Purchase orders/Contracts/Service
Agreements
□ Invoices
□ Payments (cancelled checks/ warrants, bank
statements and EFT receipts **)
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 checks/warrants, bank
statements and EFT receipts,
[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 (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.)
AGREEMENT/CONTRACTS
□ Leases, agreements, etc., pertaining
to developed/acquired property
□ Proof of insurance 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 time of
audit.
** Front and back if copied.
37 Definitions
Capitalized words and terms used in this guide are defined below.
ADVANCE – payment made to the GRANTEE for work that will occur in the future or work that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid for by the GRANTEE.
AUTHORIZED REPRESENTATIVE – the GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.
CEQA – the California Environmental Quality Act established policies and procedures requiring GRANTEES to identify, disclose to decision makers and the public, and attempt to lessen, significant impacts to environmental and historical resources that may occur as a result of the GRANTEE’s proposed PROJECT. (Public Resources Code §21000 et seq.; Title 14 California Code of Regulations §15000 et seq.) CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking construction activities such as site preparation, grading, or gutting begins, and continuing to the end of the GRANT PERFORMANCE PERIOD.
CONTRACT PERFORMANCE PERIOD – the amount of time stated on the contract agreement, specifying the performance of the contractual grant obligations between the GRANTEE and DPR.
DEVELOPMENT – construction, expansion, or renovation.
DPR – the California Department of Parks and Recreation.
GRANT – funds made available to a GRANTEE for completion of the PROJECT during the GRANT PERFORMANCE PERIOD.
GRANTEE – an entity having a fully executed contract with DPR.
GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the GRANTEE and paid for by DPR, as specified in the fully executed contract.
IN-HOUSE EMPLOYEE SERVICES –GRANTEE’s employees working on the PROJECT SCOPE.
OGALS – DPR’s Office of Grants and Local Services.
PRE-CONSTRUCTION COSTS – costs incurred within the GRANT PERFORMANCE PERIOD for the planning, design, and permit phase of the PROJECT before construction can begin.
PROJECT – the SCOPE as described in the competitive application to be completed with GRANT funds and committed funds, if identified on Funding Sources Form (page 6).
PROJECT COMPLETION – when the SCOPE is complete and the facilities are open and useable by the public.
PROJECT COMPLETION PACKET – The documents listed on page 23 that are required in order to request final payment following PROJECT COMPLETION.
PROJECT OFFICER – an OGALS employee, who acts as a liaison with GRANTEES and administers GRANT funds, facilitates compliance with the Administration Guide and the GRANT contract.
SCOPE – the recreation features and major support amenities, as described in the competitive application that must be completed prior to final GRANT payment.