City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00749 6/13/2023 Consent Item 29.
Acceptance of California Department of Parks and Recreation Grant for Street Soccer USA and Establishment of Project Budget
File ID: 2023-00749
Location: District 4, Represented by Councilmember Valenzuela Recommendation: 1) Adopt a Resolution as required by the California Department of Parks and Recreation: a) accepting $800,000 in state grant funding provided through the California Department of Parks and Recreation; b) approving the filing of project applications for the grant project; c) making required certifications; and d) appointing the City Manager or the City Manager’s as agent to conduct negotiations and execute and submit all documents required to complete the project; and 2) Adopt a Resolution authorizing the City Manager or the City Manager’s designee to: a) establish the Street Soccer USA Project (G02000410); b) establish the expenditure and revenue budgets for the Street Soccer USA Project (G0200410) in the amount of $800,000 in the Operating Grant Fund (Fund 2702).
Contact: Consuelo Hernandez, Director of Governmental Affairs, 916-808-7395, [email protected], Office of the City Manager Presenter: None
Attachments:
1-Description/Analysis
2-Street Soccer USA Grant Resolution
3-2022-23 Procedural Guide for Local Assistance Specified Grants - Non-Capital Additional Description/Analysis
Issue Detail: The State of California awarded $800,000 to the City of Sacramento in grant funds for Street Soccer USA through Assembly Bill (AB) 179 (Chapter 249, Statutes of 2022, Section 19.56) which makes appropriations for the support of local government programs. This allocation was made at the request of former Assemblymember Cooper.
The California Department of Parks and Recreation (State Parks) is making grant funding for Street
File ID: 2023-00749 6/13/2023 Consent Item 29.
Soccer USA’s programming through a local assistance specified grant. As a condition of receiving the grant funds, State Parks requires the Council to adopt a resolution, using State Park’s template, that does the following: accepts the grant funding, makes required certifications, and appoints the City Manager or the City Manager’s designee as agent to conduct all negotiations and execute and submit all documents required to complete the grant (Attachment 2).
Policy Considerations: AB 179 enumerates funding for the City of Sacramento to be passed through to Street Soccer USA. Currently Street Soccer USA serves over 600 youth weekly across 18 program locations. Programs are based out of 13 elementary and middle schools and five community -based organizations across the Sacramento region. Street Soccer USA will use funds allocated by AB 179 for capacity building and program expansion. This is consistent with the City’s General Plan Goals in the areas of Education, Recreation and Culture.
Economic Impacts: Not applicable.
Environmental Considerations: The current action is the establishment of a funding mechanism to finance various activities and is not a project pursuant to CEQA Guidelines section 15378(b)(4).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The primary purpose of this funding is to provide activities for youth through Street Soccer USA.
Financial Considerations: The California Legislature has allocated specified funding for the City in AB 179, specifically allocating $800,000 to build and expand Street Soccer USA activities for youth in the City of Sacramento. This report recommends acceptance of the state grant funding along with the establishment of the Street Soccer USA Project (G0200410) and the revenue and expenditure budgets in the amount of $800,000 in the Operating Grant Fund (Fund 2702).
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO.
Adopted by the Sacramento City Council
APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS FROM BUDGET ACT OF 2022, AB179, CHAPTER 249, CONTROL SECTION 19.56, ITEM 3790-101- 0001(K) OTHER COMMUNITY SERVICES, (34) $800,000 TO THE CITY OF
SACRAMENTO FOR STREET SOCCER USA SACRAMENTO
BACKGROUND
A. WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the City of Sacramento, setting up necessary procedures governing application(s).
B. WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State.
C. WHEREAS, the applicant will enter into a contract with the State of California to complete project(s).
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The City Council approves the filing of project application(s) for specified grant project(s); and
Section 2. The City Council certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and
Section 3. The City Council certifies that the applicant has or will provide sufficient funds to operate and maintain the project(s); and
Section 4. The City Council certifies that the applicant has reviewed, understands, and agrees to the Provisions contained in the contract in this Procedural Guide; and
Section 5. The City Council delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and
Section 6. The City Council delegates the authority to the City Manager or designee to establish the Street Soccer USA Project (G02000410) along with the revenue and expenditure budget in the amount of $800,000 in the Operating Grant Fund (Fund 2702); and
Section 7. The City Council agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
Adopted by the City of Sacramento City Council on June 13, 2023, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
1 2022-23
Procedural Guide
for
Local Assistance Specified Grants – Non-Capital
September 2022
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 Application and correspondence to your
Administrative Project Officer listed at: www.parks.ca.gov/grants/contacts
Mailing Address:
State of California
Dept. of Parks and Recreation
P.O. Box 942896
Floor 13
Sacramento, CA 94296-0001
Attn: Office of Grants and Local Services
www.parks.ca.gov/grants
GRANTEE SPECIFIED GRANT PROCEDURAL GUIDE – NON-CAPITAL
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.
Office of Community Engagement 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 leadership through quality customer services.
The Office of Grants and Local Services (OGALS) Mission Statement
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, G
RANTEES, nonprofit organizations, local
governments, legislative members, and department employees.
3 TABLE OF CONTENTS
I. INTRODUCTION ....................................................................................................... 4 II. GRANT PROCESS ................................................................................................... 4 Resolution Form ........................................................................................................ 7 III. APPLICATION SECTION .......................................................................................... 8 APPLICATION PACKET checklist and directions ............................................................. 8 Project Application Form .......................................................................................... 10 PROJECT SCOPE/Cost Estimate Form ........................................................................ 11 Funding Sources Form ............................................................................................ 12 Eligible non-capital costs ......................................................................................... 13 IV. CONTRACT SECTION ............................................................................................ 14 Grant Contract ....................................................................................................... 14 Status Report ........................................................................................................ 22 V. GRANT PAYMENT SECTION ................................................................................ 23 Payment Request Form .......................................................................................... 26 Grant Expenditure Form ......................................................................................... 28 Project Completion Packet ..................................................................................... 25 PROJECT COMPLETION Certification .......................................................................... 29 VI. ACCOUNTING AND AUDIT SECTION ................................................................... 30 Accounting Requirements ........................................................................................ 30 State Audit ............................................................................................................... 30 Audit Checklist ......................................................................................................... 31 VII. DEFINITIONS .......................................................................................................... 32 Words and terms shown in SMALL CAPS in this procedural guide are defined beginning on page 32.
4 I. Introduction
This specified grant originated from a line item in the State of California Budget for fiscal year 2022-23. A resolution is required before a CONTRACT will be issued, and an approved APPLICATION PACKET is required before GRANT payments can be approved. The GRANT PERFORMANCE PERIOD is July 1, 2022 – June 30, 2026.
1. Costs incurred before or after the GRANT PERFORMANCE PERIOD are not eligible for reimbursement.
2. Costs incurred after the APPROPRIATION DATE but before OGALS approves the APPLICATION PACKET are eligible if they are consistent with the GRANT SCOPE approved by OGALS and are ELIGIBLE COSTS.
II. Grant Process
Grant Process Key Dates
• Grant Performance Period: July 1, 2022 – June 30, 2026 • Resolution: Submit by December 31, 2023
• Contract: Sign and return by January 31, 2024
• Projects Complete by December 31, 2025
• Project Completion Packets: Submit by: January 31, 2026 Grant Process Detail
1. Resolution: APPLICANT sends resolution to OGALS by December 31, 2023, to allow approval within the CONTRACT ENCUMBRANCE PERIOD, which ends June 30, 2024.
2. CONTRACT: OGALS sends CONTRACT to APPLICANT. APPLICANT becomes GRANTEE when CONTRACT is fully executed during CONTRACT ENCUMBRANCE PERIOD. a. The CONTRACT section includes a sample contract and the contract provisions.
b. The APPLICANT must return the CONTRACT signed by the AUTHORIZED REPRESENTATIVE to OGALS no later than January 31, 2024. The APPLICANT becomes a GRANTEE when the CONTRACT is signed by OGALS. c. OGALS returns a copy of the fully executed CONTRACT to the GRANTEE.
3. APPLICATION PACKET(s): The GRANTEE defines the SCOPE(s) and amount of grant funds needed for each PROJECT. As PROJECTS are identified, the GRANTEE submits individual APPLICATION PACKET(s) to OGALS. OGALS reviews each APPLICATION PACKET and sends a letter of approval to the GRANTEE or requests additional information.
After each PROJECT is approved by OGALS, OGALS will send a Status Report to the GRANTEE approximately every six months until OGALS receives a PROJECT COMPLETION PACKET. The GRANTEE must return the Status Report within thirty (30) days from receipt. Payment requests will not be processed if Status Reports are overdue.
5 4. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments for ELIGIBLE COSTS. OGALS recommends that GRANTEE provide all PROJECT COMPLETION PACKET(S) no later than January 31, 2026. The grant payments section provides payment request instructions and forms. a. The GRANTEE may request payments after each PROJECT is approved by OGALS. GRANT funds may only be expended on ELIGIBLE COSTS incurred within the GRANT PERFORMANCE PERIOD.
b. The GRANTEE completes PROJECT SCOPE(s) and sends PROJECT COMPLETION PACKET(s) to OGALS no later than January 31, 2026.
c. The State of California receives a high volume of payment requests at the end of the fiscal year. If the PROJECT COMPLETION PACKET is received after January 31, 2026, OGALS cannot guarantee final payment by the State Controller’s Office. If the State Controller’s Office is unable to process the payment before the end of the
GRANT PERFORMANCE PERIOD, the unpaid balance of grant funds will revert to the Legislature.
d. 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 when conducting a site inspection.
5. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is required to retain all PROJECT records for five years following receipt of the final GRANT payment. The Accounting and Audit Section provides directions and an Audit Checklist for DPR audit and accounting requirements.
6 Authorizing Resolution
GRANTEE passes one resolution approving the filing of all applications associated with the CONTRACT and forwards a copy to OGALS.
The Authorizing Resolution on the following page may be reformatted; however, the language provided in the resolution must remain unchanged.
The Authorizing Resolution serves two purposes:
1. It is how the GRANTEE’S Governing Body agrees to the terms of the CONTRACT; it provides confirmation that the GRANTEE has the funding to complete PROJECTS associated with the CONTRACT.
2. It designates a position title to represent the Governing Body on all matters regarding PROJECTS associated with the CONTRACT. The incumbent in this position is referred to as the AUTHORIZED REPRESENTATIVE.
The AUTHORIZED REPRESENTATIVE can delegate signatory authority to other individuals (by position title) either in entirety or for particular documents. The delegation process requires the
AUTHORIZED REPRESENTATIVE to submit a letter (on letterhead) or email to OGALS delegating authority.
7 Resolution Form
Resolution No: __________________
RESOLUTION OF THE ___________ (Title of Governing Body/City Council, Board of Supervisors) OF ___________ (City, County, or District) APPROVING APPLICATION(S) FOR SPECIFIED GRANT FUNDS from Budget Act 2022/23
(Budget line item and language)
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of a grant to the [grantee name], setting up necessary procedures governing application(s); and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the applicant will enter into a contract with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the ___________ (grantee’s governing body) hereby:
1. Approves the filing of project application(s) for specified grant project(s); and
2. Certifies that said applicant has or will have available, prior to commencement of project work utilizing specified grant funds, sufficient funds, including those provided by this grant, to complete the project; and
3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in this Procedural Guide; and
4. Delegates the authority to the ___________ (designated position, not name of person occupying position), or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the project scope(s); and
5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
Approved and adopted the _____day of ______________, 20_______.
I, the undersigned, hereby certify that the foregoing Resolution Number_____ was duly adopted by the ___________ (grantee’s governing body) following a roll call vote:
Ayes:
Noes:
Absent: __________________________
(Clerk)
8 III. APPLICATION SECTION
• GRANTEE may submit multiple APPLICATION PACKETS to OGALS. • Provide the APPLICATION PACKET items in the order shown in the following checklist. • Please number the pages.
• If a checklist item is not applicable to the PROJECT, provide a brief explanation. • If an application item is incomplete send a draft with a timeline for completion.
Application packet checklist and directions
GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET.
An APPLICATION PACKET is not complete unless all items on the checklist are submitted.
Each PROJECT requires its own APPLICATION PACKET.
Check if
included
Check if not
applicable
Application Item
Procedural
Guide
Page #
Check when
signed by
AUTHORIZED
REPRESENTATIVE
Application
Packet
Page #
Application Packet Checklist
Digital file name: checklist.pdf Pg. 8 Pg._____
Application
Digital file name: application.pdf Pg. 10 Pg._____
Project Scope/Cost Estimate, or
Digital file name: scope.pdf Pg. 11 Pg._____
Funding Sources Form
Digital file name: fundingsources.pdf Pg. 12
9 Additional Non-Profit Requirements
Fidelity Bond (For Non-profit grantees only)
Non-profit GRANTEES must provide a copy of a current Fidelity Bond policy to their PROJECT OFFICERS before OGALS will approve any payment requests. The premium for a Fidelity Bond is an eligible cost.
A Fidelity Bond provides insurance covering fraudulent acts of GRANTEES’ employees, volunteers, officers, and directors. The GRANTEE is the insured party. DPR must be named as a Third-Party Loss Payee. OGALS address is State of California, Dept. of Parks and Recreation, P.O. Box 942896, Floor 13, Sacramento, CA 94296-0001, Attn: Office of Grants and Local Services.
Coverage must be at least equal to the GRANT amount. Fidelity Bond insurance must be kept current for at least six months after the date of the final GRANT payment.
GRANTEES may obtain the Fidelity Bond through a general liability carrier, a major casualty insurance carrier, or a bonds specialty company. There are Fidelity Bond frequently asked questions av ailable on the OGALS web site.
Competitive Solicitation Process (For non-profit grantees only)
1. Non-profit GRANTEE must attempt to obtain three bids for services greater than $5,000.
2. To ensure bidders understand the required PROJECT elements, the non-profit GRANTEE provides each bidder (potential contractor) the same written invitation for bid describing the PROJECT work to be performed based on “Best Value” factors, and the required PROJECT elements based on the Project Scope/Cost Estimate Form, and concept level site plan.
3. Solicit bids by contacting at least three potential contractors or by invitation for bids advertising, or a combination of both methods.
The non-profit
GRANTEE’s Board of Directors evaluates the bids to determine which contractor will provide the “best value” and will meet PROJECT requirements. “Best value” should be determined by price, skills, experience, and workmanship. The evaluation process must ensure no conflict of interest between the contractor and the non-profit
GRANTEE’s Board of Directors. The non-profit GRANTEE’s Board of Directors need not necessarily accept the lowest bid, but a reasonable justification for the decision should be recorded in writing.
4. The Board of Directors selects a contractor and awards a contract.
5. For audit purposes, the
GRANTEE keeps records of Steps 1 – 4 above.
Competitive Solicitation Requirement
The non-profit GRANTEE may request a waiver of the competitive solicitation process requirement. To request a waiver, the GRANTEE must send a written request to the PROJECT OFFICER assigned to the GRANT PROJECT and explain why a waiver is required.
10 State of California – The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Project Application Form
PROJECT NAME REQUESTED GRANT AMOUNT
$
PROJECT SITE NAME and PHYSICAL ADDRESS where PROJECT is located (including zip code) (Use latitude and longitude if there is no street address)
NEAREST CROSS STREET
COUNTY OF PROJECT LOCATION
APPLICANT NAME AND MAILING ADDRESS
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE)
___________________________________________________________________________________ Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the requested GRANT to complete the items listed in the attached Project Scope/Cost Estimate Form. I declare under penalty of perjury, under the laws of the State of California, that the information contained in this APPLICATION PACKET, including required attachments, is accurate. ____________________
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date
Print Name
Title
11 Project Scope/Cost Estimate Form
GRANTEE: PROJECT Name
Project Scope (Describe the project in 30 words or less):
Project Scope Items Estimated Cost
$
$
$
$
$
$
$
$
$
$
Total GRANT amount: $
The GRANTEE understands that all items listed on this form must be complete before the final grant payment will be made.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
The APPLICANT understands that this form will be used to establish ELIGIBLE COSTS, and that all scope items listed on this form must be completed and open to the public before the final PROJECT payment is processed as specified in the Final Payments section of this guide. 12 State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Funding Sources
Grantee Name:_______________________________________
Project Name:________________________________________
PROJECTs funded by the program are not complete until all PROJECT SCOPE items are complete and open to the public.
If Specified GRANT funds will be used as part of the funding for a larger project, briefly describe the scope of that larger project:
The total cost of the larger project that these
GRANT funds will contribute to is
$____________
Anticipated completion date: _________________
List all funds that will be used:
Funding source Date Committed Amount
State of California 2022-23 Budget Act July 1, 2022 $
I represent and warrant that I have fully 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 Funding Sources Form, 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
NOTE: Submit a revised Funding Sources Form should funding sources be modified.
13 Eligible non-capital 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.
• Public meetings, focus groups, design workshops
• Plans, specifications, construction documents, and cost estimates • Permits
• CEQA and/or environmental review
• Bid preparation and packages
• IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
• GRANT/PROJECT administration and accounting
• Premiums on hazard and liability insurance to cover personnel or property Ineligible non-capital costs – Cannot be charged to the grant • 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
• 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 hours worked 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 actual hours worked 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 planning to claim IN-HOUSE EMPLOYEE SERVICES costs, provide a sample timesheet for OGALS review to confirm these accounting practices are being followed.
14 IV. CONTRACT SECTION
The following section contains a sample CONTRACT, CONTRACT provisions, and a sample status report form.
State of California – The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Grant Contract
Specified Grants
GRANTEE: Grantee
GRANT PERFORMANCE PERIOD is from July 1, 2022 through June 30, 2026
CONTRACT PERFORMANCE PERIOD is from July 1, 2022 through June 30, 2026
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the 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 PROJECT SCOPE /Cost Estimate Form of the application(s) filed with the State of California
.
Total State grant amount not to exceed $ Grant amount
The General and Special Provisions attached are made a part of and incorporated into the Contract.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By______________________________________
Date____________________________________
_______________________________________________
GRANTEE
By _________________________________________
(Typed or printed name of Authorized
Representative)
________________________________________
(Signature of AUTHORIZED REPRESENTATIVE)
Title _________________________________________
Date _________________________________________
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
PCA OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER
DATE
15 I. RECITALS
This AGREEMENT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [Name of grantee] (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 AGREEMENT and the [2022- 2023 California State Budget, AB 178, Chapter 45, Statutes of 2022, as amended by AB 179, Chapter 249, Section 19.56 Item number – 3790-493-0001] (appropriation chapter and budget item number hereinafter referred to as “SPECIFIED GRANT”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 1, 2022 to June 30, 2026.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program PROCEDURAL GUIDE requirements.
2. The term “CONTRACT PERFORMANCE PERIOD” means the duration of time during which this CONTRACT is in effect.
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 AGREEMENT.
6. The term “GRANT PERFORMANCE PERIOD” means the period of time during which eligible costs may be incurred by the GRANTEE and paid for by the DEPARTMENT, as specified in the fully executed CONTRACT.
7. The term “GRANT PROJECT” means all real estate, leases, subleases, buildings, and other property acquired or developed with GRANT monies.
8. The term “PROJECT SCOPE” means the items listed in the PROJECT SCOPE/Cost Estimate Form found in each of the APPLICATIONS submitted pursuant to this grant.
9. The term “PROCEDURAL GUIDE” means the document identified as the “2022-23 Procedural Guide for Specified Grants.” The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.
16 B. Project Execution
1. Subject to the availability of GRANT MONIES, 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).
During the CONTRACT PERFORMANCE PERIOD, the GRANTEE agrees to submit any proposed change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all proposed changes that will occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must first be approved in writing by the STATE.
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.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).
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. Project Costs
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. 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 may 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. During the GRANT PERFORMANCE PERIOD, the GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made a specific request. All such project status reports shall be signed and certified as complete and accurate by the authorized representative of the GRANTEE. 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
17 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 CONTRACT in writing between the GRANTEE and the STATE, unless the provisions of this contract provide that mutual CONTRACT is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT or any other grant contracts, specified or general, that GRANTEE has entered into with STATE or any other department, agency, commission or other subdivision of California State government, 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 CONTRACT as addressed in Paragraph E, subsection 2 of this CONTRACT
18 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 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 shall make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or final payment.
2. 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, source 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 costs, disbursements, and receipts with respect to its activities under this contract and shall provide copies of all such records to STATE in its certified status reports upon request by the STATE. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following final payment.
4. The GRANTEE shall use a generally accepted accounting system.
19 I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain and retain full control of any property acquired or developed with the GRANT MONIES, for the duration of the CONTRACT PERFORMANCE PERIOD.
2. The GRANTEE agrees that, during the CONTRACT PERFORMANCE PERIOD, the GRANTEE shall use any property acquired or developed with grant funds under this contract only for the purposes of this grant and no other use, sale, assignment, transfer, mortgage, or other disposition or change of the control or use of the property or of any interest in the property to one not consistent with the grant purpose shall be permitted except as authorized by the DEPARTMENT and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.
3. Any property acquired or developed may be transferred or assigned to another entity only if the successor entity assumes the obligations imposed under this contract and only with the prior approval of STATE.
4. Any real Property (including any portion of it or any interest in it, including any leases) may not be used as security or collateral for any debt, loan, or mitigation, without the prior 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 STATE a guarantor or a surety for any debt, loan, or mitigation, nor does it waive STATE’s rights to enforce performance under the CONTRACT.
5. Any real property (including any portion or interest in it, including any leases), 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.
6. 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 race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in the administration and 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.
20 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 shall ensure that any contractor hired has adequate liability insurance, performance bond, or other security necessary to protect the GRANTEE interest and the STATE’s interest against poor workmanship, fraud, or other potential loss associated with the completion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and control of any portion of the GRANT PROJECT and responsibilities under this CONTRACT shall not be assignable or transferable 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.
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 or default, shall not be construed as a waiver of said rights; and the waiver of any breach or default under this CONTRACT shall not be construed as a waiver of any subsequent breach.
21 III. SPECIAL PROVISIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State.
_____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
22 Status Report
To monitor progress, every six months OGALS will send Status Reports to GRANTEE to complete for each PROJECT. GRANTEE must return Status Reports to OGALS within thirty days from receipt. This requirement continues until OGALS receives GRANT COMPLETION PACKETS. Payment requests will not be processed if Status Reports are overdue. See the sample Status Report below, which is subject to change.
Status Report
Grantee:
Project Number:
Project Name:
Advances to date without documentation (attach a Grant Expenditure Form documenting expenditure of the balance, if applicable):
If a portion of the advanced funds have not been spent, and more than six months have passed since the G rantee received the advanced funds, the balance must be spent on eligible costs or returned to OGALS within 60 days from receipt of this form.
Briefly describe completed work funded by the grant since the last Status Report [DATE]:
(Continue on another sheet if needed.)
1) Total Funds Spent To Date Using This Grant $_____________ 2) Percentage of Project Complete:________________
3) Estimated Date of Project Completion: ___________________ 4) On Time: Yes / No If not, explain:
5) Within Budget: Yes / No If not, explain:
6) Within Scope: Yes / No If not, explain:
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* Title Date
(*Certification to above information requires a signature by a person authorized in the resolution)
23 V. Grant Payment Section
There are three types of payments:
• Reimbursement payments
• ADVANCE payments
• Final payments
Payment requests are processed through the State Controller’s Office and are mailed to the GRANTEE approximately eight weeks from the date the request is approved by OGALS.
OGALS will not approve payment requests that do not meet the requirements described in this GRANT ADMINISTRATION GUIDE.
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
REIMBURSEMENT
Payment Type When to
Request
Document to
Send to PROJECT OFFICER
REIMBURSEMENT(s)
up to 80% of
PROJECT amount
After the
CONTRACT has
been
ENCUMBERED
• Payment Request Form
• Grant Expenditure Form
• Sample timesheet for IN-HOUSE EMPLOYEE
SERVICES costs
• If payment request includes reimbursement
to contractor/service providers, Competitive
Solicitation documentation
Payment Rules
• Costs eligible for reimbursement must be directly related to the specified grant as described in the budget language.
• GRANT payments before the final payment may not exceed 80% of the PROJECT amount. 20% of the PROJECT amount is retained for the final payment as a REIMBURSEMENT. • The GRANTEE should group costs together to avoid frequent payment requests. Payment requests greater than $10,000 are encouraged.
• Provide a sample timesheet to the PROJECT OFFICER prior to incurring any IN-HOUSE EMPLOYEE SERVICES costs, AND if claiming such costs, provide a sample timesheet with each reimbursement payment request.
• Provide (1) a list of the bidders; (2) the recommendation and/or notice of award made by the governing board; and (3) the resulting signed contract agreement to the PROJECT OFFICER PRIOR to requesting reimbursement for costs on contracts requiring a competitive solicitation or bidding process.
24 Advance Payments
ADVANCE payments may be requested for costs the GRANTEE will incur within the next six months.
ADVANCE funds, and any interest earned on those funds, must be spent with six months of receipt, or returned to OGALS. ADVANCE payments are made at the discretion of OGALS. OGALS considers ADVANCE payments to be a privilege and reserves the right to disapprove ADVANCE payments.
Payment Type When to
Request
Documents to
Send to PROJECT OFFICER
ADVANCE(s) up to
80% of PROJECT
amount
After the GRANT
CONTRACT has
been
ENCUMBERED
• Payment Request Form
• ADVANCE justification (see below)
Advance Justification
An ADVANCE justification is required for an ADVANCE. It must provide the following information:
• Why an ADVANCE is needed instead of a reimbursement.
• 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 or name of contractor).
• A funding plan, indicating how the GRANTEE intends to fund the percentage of the PROJECT exceeding the 80% advance limit.
• A statement indicating the GRANTEE will or will not put the funds into an interest-bearing account.
OGALS may not approve the total amount of the requested ADVANCE payment if the requested funds will not be spent within six months from the date that the payment request is submitted by the GRANTEE.
Clearing the Advance
ADVANCES must be cleared with six months of receipt. An ADVANCE is cleared by submitting a Grant Expenditure Form documenting expenditures on eligible costs equal to the ADVANCE amount plus any earned interest.
Returning Unexpended Advanced Funds or Interest
The balance of unspent GRANT funds must be returned to OGALS no later than thirty days after the end of the six-month ADVANCE period. OGALS will then return the GRANT funds to the CONTRACT balance.
OGALS cannot return interest to the CONTRACT balance.
If interest was earned on the ADVANCED funds, interest must be spent on ELIGIBLE COSTS, and the unspent GRANT funds returned to OGALS.
Subsequent Payments
Any outstanding ADVANCE payments must be cleared before any additional reimbursements or ADVANCE payments will be approved.
This requirement may be waived in cases where a PROJECT requires timely payments to contractors,
25 and the remaining balance of unspent ADVANCED funds cannot cover the next PROJECT payment.
The following items are required to request a waiver:
1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE explaining why the waiver is needed.
2. 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.
Final Payments / Project Completion Packets
OGALS recommends all PROJECT COMPLETION PACKETS be submitted by January 31, 2026.
The final payment (20% of the PROJECT amount) will be processed after PROJECT COMPLETION and the following occurs:
1. Approval of the PROJECT COMPLETION PACKET and additional required documents in the charts below.
2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION.
Project Completion packet
To request final payment and complete the PROJECT, the GRANTEE must submit the following documents:
1. Payment Request Form
2. Grant Expenditure Form
3. Final Funding Sources Form
4. Project Completion Certification Form
5. Audit Checklist with items marked that the GRANTEE will retain for five years following receipt of final payment
26 Payment Request Form
27 Payment Request Form Instructions
• Visit Grant Forms (ca.gov) for current forms
• Type or print legibly all entries
• Round all amounts to the nearest whole dollar
The following instructions correspond to items on the Payment Request Form:
1. PROJECT Number - The number assigned by OGALS to this project
2. C ONTRACT Number - As shown in Certification of Funding section of the CONTRACT
3. G RANTEE - 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
a. G RANT amount
b. Funds received to date - amount paid out from this GRANT c. A vailable - (a. minus b.)
d. Amount of this request
e. Remaining funds after this payment - (c. minus d.)
7. Send Warrant To - GRANTEE name, address and contact person
8. Signature of AUTHORIZED REPRESENTATIVE according to the Resolution
28 Grant Expenditure Form
P
ROJECT Number_______________________ GRANTEE NAME __________________________
Warrant/Check # (1) Date (2) Recipient (3) Purpose (4) Amount (5)
_____________________________________________________________________________
Total $_____________
List only ELIGIBLE COSTS charged to the GRANT.
Column (1) Use of electronic payment numbers/electronic funds transfer numbers in the “Warrant/Check Number” column is acceptable. Please 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, the date that the work was performed may be used.
Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVES, or other entity performing work.
Column (4) Brief description of cost, such as “design”, “permits”. When describing such costs, such as “design”, state what the design is for, and who prepared it. For items such as “permits”, state what kind of permit(s).
Column (5) Costs eligible for up to 100% of GRANT amount.
Visit Grant Forms (ca.gov) for current forms.
GRANTEES may use their own spreadsheet if it contains the required information shown above.
29 Project Completion Certification Form
Grantee: ______________________________________ Project Number: _________________
Grantee contact for audit purposes
Name: __________________________________________________________________________
Address: ________________________________________________________________________
Phone: (_____) __________________ Email: _______________________________________
P
ROJECT COMPLETION – list the features and support amenities (use additional pages, if needed):
List other funds (sources and amounts) used on Project (use additional pages, if needed):
Interest earned on advanced Grant funds: $ ________________ Interest spent on eligible costs: $ ________________
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.
__________________________________________ ______________________________ Grantee’s authorized representative Title
(Printed or Typed name)
__________________________________________ ______________________________ Grantee’s Authorized Representative (Signature) Date
30 VI. ACCOUNTING AND AUDIT SECTION
Contact the DPR Audits Office for questions about the following requirements.
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, timecards, 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 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 “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.
State Audit
Grants are subject to audit by DPR (see Audit Checklist). All PROJECT records must be retained for five years after final payment was received.
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 the DPR. • An employee having knowledge of the PROJECT and its records to assist DPR’s auditor.
31 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. I t is the responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date and time has been confirmed. If you have any questions regarding these documents, you may contact the State Department of Parks and Recreation Audits Office.
CONTRACTS
Summary list of bidders (including individual bid
packages)
R ecommendation by reviewer of bids
Awarding by governing body (minutes of the
meeting/resolution)
C onstruction contract agreement
CONTRACT bonds (bid, performance, payment)
CONTRACT change orders
Contractor's progress billings
Payments to contractor (cancelled checks/warrants,
bank statements and EFT receipts**)
S top Notices (filed by sub -contractors and release if applicable)
Li quidated 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 (actual 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)
W aiver of just compensation (if purchased below
appraisal: signed by seller)
F inal Escrow Closing Statement
Cancelled checks/warrants, bank statements and EFT
receipts, [payment(s) to seller(s)]
G RANT deed (vested to the participant) or final order of condemnation
T itle insurance policy (issued to participant)
Relocation documents
Income (rental, grazing, sale of improvements, etc.)
INTEREST
Schedule of interest earned on State funds advanced
Note: Interest on grant ADVANCES is accountable,
even if commingled in a pooled fund account and/or
interest was never allocated back to the grant fund.
AGREEMENT/CONTRACTS
Leases, agreements, etc., pertaining to
developed/acquired property
* Estimated time expended on the projects is not acceptable. Actual time records and all s upporting documentation must be maintained as charges are incurred and made available for verification at the time of audit.
** Front and back if copied.
32 VII. DEFINITIONS
Capitalized words and terms used in this process 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.
APPLICANT – an entity which does not yet have a fully-executed CONTRACT with DPR and is identified as a GRANT recipient through a legislatively specified budget line item.
APPLICATION PACKET – the Application form and its required attachments described in the Application Checklist and Directions.
APPROPRIATION DATE – July 1 of the State of California fiscal year when the funding of State budget line items is approved by the legislature. The APPROPRIATION DATE is the start of the GRANT PERFORMANCE PERIOD.
AUTHORIZED REPRESENTATIVE – the APPLICANT’S/ GRANTEE’S designated position authorized in the Resolution to sign all required GRANT documents.
CONTRACT – an agreement between the DPR and the GRANTEE specifying the performance of the GRANT SCOPE within the GRANT PERFORMANCE PERIOD, payment of funds by DPR, and requirements for maintenance and use of the PROJECT.
CONTRACT ENCUMBRANCE PERIOD – the time starting with the APPROPRIATION DATE, when a CONTRACT must be fully executed between the GRANTEE and DPR to encumber the GRANT funds.
CONTRACT PERFORMANCE PERIOD – the period during which the grantee has obligations under the contract.
DPR – the California Department of Parks and Recreation.
GRANT – funds made available to a GRANTEE for completion of the SCOPE(s) 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 – use of the GRANTEE’s employees working on the SCOPE.
OGALS – DPR’s Office of Grants and Local Services.
PROJECT – the items listed in the Project SCOPE/Cost Estimate Form.
PROJECT COMPLETION – when the items listed in the Project SCOPE/Cost Estimate Form are complete.
33 PROJECT COMPLETION PACKET – The documents required in order to request final payment following PROJECT COMPLETION
PROJECT OFFICER – an OGALS employee, who acts as a liaison with the applicants and GRANTEES, administers GRANT funds, and facilitates compliance with the Procedural Guide and CONTRACT.
SCOPE – the items listed in the Project SCOPE/Cost Estimate Form that must be completed prior to final GRANT payment.