HomeMy WebLinkAboutAgenda Report - February 16, 2022 C-20AGENDA ITEM C -0
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CITY OF LODI
COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt Resolution Accepting Grant Funds from the State of California for
Tony Zupo Field Fire Restoration Project and Appropriate $750,000
MEETING DATE: February 16, 2022
PREPARED BY: Parks, Recreation and Cultural Services (PRCS) Director
RECOMMENDED ACTION: Adopt resolution accepting grant funds from the State of
California for Tony Zupo Field Fire Restoration Project and
Appropriate $750,0000
BACKGROUND INFORMATION: Tony Zupo Field, located at 350 N. Washington Street, was
damaged by an arson fire in September 2019. Assembly
member Jim Cooper (D -Elk Grove) successfully advocated
to Legislature to award the City $750,000 to help rebuild Tony Zupo Field's baseball field,
dugouts, press box and grandstands. Plans and specifications are underway and the City
anticipates bidding the project in late summer/fall of 2022.
The project shall provide replacement improvements to grandstand, press box and associated
facilities as a result of the fire. The work shall consist of removal and disposal of existing (-
Beams, concrete footings, rip -rap retaining wall, asphalt paving and non -accessible raised
bleachers as well as covered accessible grandstands and press box with concrete caisson
footing and flat work; accessible concrete path of travel to new grandstand area, existing
restrooms and accessible team dugout locations. Upgrades shall be made to underground
utilities (water, storm; electrical and sewer) along with LED security lighting, conduits,
conductors, Keystone retaining wall system, backstop skirting, P.A. system replacement and
other miscellaneous items.
Funding to complete the project will include grant funds from the State of California, Parks
capital funding and forthcoming funds from the City's insurance company as discussions are
underway.
FISCAL IMPACT: Funding will help replace fire damaged structures and bring facility to
current ADA code compliance.
APPROVED: Steve Schwabauer
Stephen Schwabauer, City Manager
Adopt Resolution Accepting General Fund Grant Funds from the State of California for Tony Zupo Field Fire Restoration Project ($750, 000)
January 19, 2022
Page 2
FUNDING AVAILABLE: State of California General Fund Grant Funds - $750,000
43200000.56005 (revenue)
43299000.77020 (expense) PKCP-22004. Contracts
Andrew Keys
Andrew Keys
Deputy City Manager/Internal Services Director
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Christia Jaronna
Parks, Recreation and Cultural Services Director
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cc: Clty Attorney
Attachment(s)
Signature: OOVA� %(� Signature:
Email: akeys@lodi.gov Email: sschwabauer@lodi.gov
Capital Improvement Plan
FY 2021-2022
Project Title: Tony Zupo Field Munis Project Code: PKCP-22004 #193
Section I: Description District Nos: 2 Project Length multi-year Priority High
Repair and restore the grandstand, press box, storage rooms, backstop, underground infrastructure, and path of travel needs all of which are insurance items most of which will be
coverd by the insurance policy. Additional construction not covered by the insurance deductible includes: Washington Street improvements, storm water and pavement, construction of
new bull pen areas at the ends of the new proposed accessible dugouts, replacement of out of play baseline chain link fencing on the first and third base sides, underground utilities
(storm, electrical, water and sewer) and miscellaneoous concrete flat work.
Justification/factor driving project
On Sept. 16, 2020 at the regular city council meeting, staff updated council members on Tony Zupo Field regarding insurance settlement projects, ADA compliance and building code
requirements related to the arson fire that destroyed the main grandstand area, storage room space and press box. Based off of that meeting the consensus was to restore Tony Zupo
Field up to current building code requirements.
Additional Information
Phase 1415 (conceptual plan) -Construct new bullpen areas at the end of the new dugouts, Phase 1--16 (conceptual plan) Replace out of play baseline chain link fencing on on 1st and
3rd base sides (In total #15 and #16 cost $105,000 *misc-currently looking at funding through donations pushed out to FY 2023) --Future Phases include Phase 2 ($900K-$1.2
mill), Phase 3 ($550K -$650K), Phase 4 ($600K -$700K), Phase 5 ($450K to $525K), Phase 6 ($325K -$400K), and Phase 7 ($280K -$320K) *calling all future phases Miscellaneous
(see attachment for Phase 2.7 details)
Section II: Estimated Project Costs
Expenditure Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total
Estimate Budget
Contracts $ 77,567 $ 1,897,440 $ 1,975,007
_
Miscellaneous $ - $ 250,000 $ 250,000
Internal Staff $ $ 30,000 $ 30,000 $ 30,000 $ 30,000 $ 90,000 $ 210,000
Miscellaneous $ - $ 105,000 $ 1,200,000 $ 650,000 I $ 700,000 $ 1,245,000 $ 3,900,000
Total Capital Costs $ 77,567 $ $ 2,177,440 $ 105,000 $ 1,230,000 $ 680,000 $ 730,000 $ 1,335,000 $ 6,335,007
Section III: Funding Sources/Methods of Financing
Funding Source(s) Prior Years FY 20121 FY 21122 FY 22123 FY 23124 FY 24125 FY 25126 Future Yrs Total
Estimate Budget
200 - Parks Operating $ 13,237 $ 13,237
432 - Parks&Rec Capital $ - $ 1,155,000 $ 105,000 $ 1,230,000 $ 680,000 $ 730,000 $ 1,335,000 $ 5,235,000
660 - General Liability $ 64,330 $ 1,022,440 $ 1,086,770
Total Project Financing $ 77,567 $ $ 2,177,440 $ 105,000 $ 1,230,000 $ 680,000 $ 730,000 $ 1,335,000 $ 6,335,007
Section IV Operating Budget Impact
Operating Cost or (savings) Prior Years FY 20121
FY 21122
FY 22123 FY 23124 FY 24125
FY 25126 Future Yrs Total
Estimate
Budget
Personnel $
$
Other Operating Costs $
$ -
$
Total Operating Impact $ - $ -
is - $ - $ -
$ - $ - $ -
S. SAMPLE GRANT AGREEMENT
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
Grantee Name: Insert Here
Project Title: Insert Here
Agreement Number: XXXXXX-0
Authority: Budget Act of 2021 (Chapters 21, 69, and 240, Statutes of 2021)
Program: General Fund Specified Grant Projects
PROJECT DESCRIPTION
Brief Project Description
A detailed project scope and activities, project schedule and project budget are described and attached hereto as
Exhibit A.
Grant Funds are to be used to support capital asset projects in accordance with the provisions contained in the
Procedural Guide for General Fund Specified Grant Projects and this Agreement.
TERMS AND CONDITIONS OF GRANT
Special Provisions
Special Provisions, if applicable. EXAMPLES ONLY: (see other Sample Special Provisions in B&G/Procedures—
Various/Preparation of Grant Agreement)
1. The Grantee may be required to record Deed Restrictions, incorporating by reference this Grant Agreement
and giving public notice that the Grantee received funds under this Agreement in order to assist Grantee in
acquiring or developing the real property and that, in consideration for the receipt of the Grant Funds, the
Grantee has agreed to the terms of this Agreement.
2. As a condition precedent to the State's obligation to deposit funds into escrow or to provide reimbursement
related to the Acquisition, the Grantee shall have obtained approval of the language contained in the grant deed
by the Natural Resources Agency. Said deed shall include the State's required protections, restrictions of use
and subsequent transfer requirements.
3. The State Department of General Services (DGS) may review and approve in writing all documents pertaining
to the Grantee's Acquisition of real property, including any preliminary title reports, agreements for purchase
and sale, escrow instructions and the instruments of conveyance prior to the release of any Grant Funds. Such
review and approval by the State shall be timely and shall not be unreasonably withheld.
4. DGS shall review and approve in writing the appraisal of the real property.
5. The Grantee agrees to pay DGS directly the amount invoiced by DGS for services rendered for its review of
the appraisal, transaction review, or other related activities as described above. Should the Grantee fail to pay
DGS, the State is authorized to pay DGS by directly transferring from the Grant Funds the amount invoiced by
DGS. The State will notify the Grantee at the time of the transfer and provide a copy of the appraisal review
letter and invoice upon receipt.
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6. Insert if more than one escrow is anticipated: The Grantee agrees that all parcels to be acquired by this project
will have concurrent escrows.
7. Insert if the Grantee is a nonprofit: If the Grantee is a nonprofit organization and ceases to exist, all of its rights,
title and interest in the real property shall vest in the State of California. The State may, at its discretion, identify
an appropriate public or private entity to accept the right, title and interest in the real property in lieu of the State.
8. If Grantee is a federally recognized Indian Tribe replace Section F below with the following: Grantee's Limited
Waiver of Sovereign Immunity and Hold Harmless
a. The Parties acknowledge that Grantee is a federally recognized Indian tribe and, as such, possesses
sovereign immunity from suit. Nothing in this Grant Agreement is or shall be deemed to be a waiver of
Grantee's sovereign immunity from suit, which immunity is expressly asserted, except for the limited waiver
set forth in this section.
b. Limited Waiver of Sovereign Immunity and hold harmless. Notwithstanding any other provision in this
Agreement (including, without limitation, any provision of any Exhibit incorporated in this Agreement by
reference) to the contrary, nothing in this Agreement shall be deemed to be a general waiver of Grantee's
sovereign immunity from suit, which immunity is expressly asserted. Provided, however, that Grantee
hereby expressly, unequivocally, and irrevocably provides a limited waiver of sovereign immunity from suit
to allow the Natural Resources Agency to exercise all of its rights under the terms of this Agreement, and
Grantee consents to suit in any court of the State of California for any claim to interpret or to enforce this
Agreement. This shall include the right to contribution for loss of damage to persons or property arising
from, growing out of or in any way connected with or incident to this Agreement, except claims arising from
the gross negligence of State, its officers, agents and employees.
c. Grantee shall indemnify, hold harmless State, its officers, agents and employees in perpetuity against any and
all claims, demands, damages, costs, expenses or liability costs arising out of the Project, which claims,
demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not
limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of
State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with
items to which it has certified. Under this indemnification provision, Grantee shall not be responsible for
defending State in court but shall reimburse for actual invoiced costs associated with the defense.
Grantee and State agree that in the event of judgment entered against the State and Grantee because of the
gross negligence of the State and 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.
9. If Planned transfer of property: The State is aware of and approves a subsequent conveyance of the property
to the Long -Term Landowner Name. Such approval is contingent, however, upon the Long -Term Landowner
Name's written commitment to:
a. Accept title to the property, and
b. Provide for the long-term operations and maintenance of the property for the uses intended by this grant
program as specified in the grant agreement.
10. As conditions precedent to the State's obligation to make any construction or acquisition funding available
pursuant to this Agreement, Grantee shall first provide evidence of compliance with CEQA by XX/XX/20XX.
11. Insert if nonprofit: If the Grantee is a nonprofit organization and ceases to exist, all of its rights, title and interest
in the real property shall vest in the State of California. The State may, at its discretion, identify an appropriate
public or private entity to accept the right, title, and interest in the real property in lieu of the State.
12. Insert if grantee has not yet obtained land tenure/site control: As conditions precedent to the State's obligation
to make any funding available pursuant to this Agreement, Grantee shall first provide evidence of adequate
land tenure and evidence that the project will be operated and maintained for a minimum of—years satisfactory
to the State for all land to be improved under this Agreement.
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General Provisions
A. Definitions
1. The term "Act" means Budget Act of 2021 (Chapters 21, 69, and 240, Statutes of 2021).
2. The term "Acquisition" means obtaining a fee interest or any other interest, including easements, leases, and
development rights.
3. The term "Agreement' means this Grant Agreement.
4. The term "Application" means the Project Information Package and any applicable materials supplied by
grantee to the State pursuant to the Application Guidelines.
5. The term "Application Guidelines" means the Procedural Guide for General Fund Specified Grant Projects.
6. The term "Development' means improvement, rehabilitation, restoration, enhancement, preservation,
protection and interpretation or other similar activities.
7. The term "Fair Market Value" means the value placed upon the property as supported by an appraisal that has
been reviewed and approved by the California Department of General Services (DGS).
8. The term "Grant' or "Grant Funds" means the money provided by the State to the Grantee in this Agreement.
9. The term "Grant Agreement' means a contractual arrangement between the State and Grantee specifying the
payment of funds by the State for the performance of specific project objectives within a specific project
performance period by the Grantee.
10. The term "Grantee" means an entity who has a signed agreement for grant funds.
11. The term "Interpretation" means visitor -serving amenities that communicate the significance and value of
natural, historical, and cultural resources in a manner that increases the understanding and enjoyment of these
resources, or other similar activities.
12. The term "Other Sources of Funds" means cash or in-kind contributions that are required or used to complete
the project beyond the grant funds provided by this Agreement.
13. The term "Payment Request Form" means Form RA212.
14. The term "Project' means the acquisition or development activity described in the Application as modified by
Exhibit A to be accomplished with grant funds.
15. The term "Project Budget' means the State approved cost estimate included as Exhibit A to this Agreement.
16. The term "Project Scope" means the description or activity for work to be accomplished by the project.
17. The term "Public Agency" means any State of California department or agency, a county, city, public district,
or public agency formed under California law.
18. The term "State" means the Secretary for California Natural Resources or his/her representatives, or other
political subdivision of the State.
B. Project Execution
1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant
Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the
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sum be expended in carrying out the purposes as set forth in the description of project in this Agreement and
its attachments and under the Terms and Conditions set forth in this Agreement.
2. Grantee shall furnish any and all additional funds that may be necessary to complete the project.
3. Grantee shall complete the project in accordance with the Project Performance Period set forth on the signature
page, unless an extension has been formally granted by the State and under the Terms and Conditions of this
Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion,
in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2026.
4. Grantee shall at all times ensure that project complies with the California Environmental Quality Act (CEQA)
(Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14,
section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary
permits. Grant funds will not be disbursed before the close of the period for legal challenge under CEQA.
Grant funds for planning and document preparation may be available sooner if included in the grant project
scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from
the Grant Agreement start date, unless an extension is granted by the State.
Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the
project continues to meet all objectives of the General Fund Specified Grant Project and is consistent with the
intent cited in the original Application.
If a grantee's project is disapproved on grounds related to the California Natural Resource Agency's CEQA
determination, the grantee shall have the option of either: (1) reimbursing the Natural Resources Agency
for all state -reimbursed preliminary costs (e.g., planning, design, etc.), or (2) relinquishing any
planning/design documents, including all copies, reproductions, and variations resulting from said funding,
without a license to use or otherwise retain in any form.
5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.
6. Grantee certifies that the project does and will continue to comply with all current laws and regulations which
apply to the project, including, but not limited to, legal requirements for construction contracts, building codes,
environmental laws, health and safety codes, and disabled access laws. Grantee certifies that, prior to
commencement of construction; all applicable permits and licenses (e.g., state contractor's license) will have
been obtained.
7. Grantee shall provide access by the State upon 24 -hours' notice to determine if project work is in accordance
with the approved project scope, including a final inspection upon project completion.
8. Grantee agrees to comply with all applicable state and local laws or ordinances that apply to relocation and
real property acquisition by Public Agencies.
9. Lands acquired with Grant Funds from this Agreement shall be acquired from a willing seller of the land at a
price not to exceed Fair Market Value. Any acquisition of Project lands by Grantee following award shall not
involve eminent domain proceedings or threat of eminent domain proceedings.
10. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any
deviation from the original project scope per Exhibit A and the Application. Changes in project scope must
continue to meet the need cited in the original Application or they will not be approved. Any modification or
alteration in the project as set forth in the Application on file with the State must be submitted to the State
for approval. Any modification or alteration in the project must also comply with all current laws and regulations,
including but not limited to CEQA.
11. Grantee shall provide for public access and/or educational features where feasible.
12. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to project lands and demonstrate to the
satisfaction of the State that the proposed project will provide public benefits that are commensurate with the
type and duration of the interest in land.
f:
13. Grantee shall promptly provide photographs of the site during and after implementation of project at the request
of the State.
C. Project Costs
1. Any Grant Funds provided to Grantee under this Agreement for Acquisition of real property will be disbursed
for eligible costs as follows, but shall not exceed in any event the amount set forth on the signature page of this
Agreement:
a. The State approved purchase price, together with the State approved costs of Acquisition, within sixty (60)
days of close of escrow. All disbursements are subject to up to ten percent (10%) withhold pending Project
completion, the final close-out site visit by the State, completion of the conditions described in Sections 3,
D.6 and D.7 below and all Special Conditions set forth in this Agreement.
b. Costs of obtaining approval of the purchase price and transaction review from the DGS. The amount
disbursed by the State in any event shall not exceed the amount set forth on the signature page of this
Agreement. The remainder of the Grant Funds, if any, shall be available on a reimbursable basis.
2. Requests for advance payment of Grant Funds into escrow must be submitted via a completed Payment
Request Form and be accompanied by a letter requesting funds be deposited to escrow on the Grantee's
letterhead, containing all of the following:
a. Name and address of Grantee.
b. Number of Agreement.
c. Dollar amount of disbursement requested.
d. 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.
e. A statement by Grantee that all funds (exclusive of the Grant Funds to be provided under this Agreement)
needed for completion of Acquisition of the real property have been secured and have been or will be
deposited to escrow at or about the same date as the requested Grant Funds. In making this statement,
Grantee shall be entitled to reasonably rely on the representations of the transferor of the real property.
f. Anticipated close of escrow date.
The letter shall be accompanied by a Payee Data Record (Form 204) completed for and by the escrow
company.
3. Requests for payment of Grant Funds on a reimbursable basis for Acquisitions shall include all of the following:
a. Complete Payment Request Form.
b. Buyer's closing statement.
c. Copies of recorded Memoranda of Unrecorded Grant Agreement/Deed Restrictions.
d. Policy of title insurance.
e. Project Certification Form (if the Project is complete and payment in full is requested).
f. Evidence of compliance with signage requirement.
g. Summary report of final total Project expenditures.
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4. Grant funds provided to Grantee under this Agreement for Development will be disbursed for eligible costs, on
a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature
page of this Agreement:
a. Approved direct management costs or construction and development costs. Up to ten percent (10%) of the
reimbursement amount will be held back and issued as a final payment upon completion of the project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost,
whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the
Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the
State.
c. Advance payments may be made at the discretion of the State.
d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely
for the Project herein described.
5. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form. This form must be
accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates,
recipients, line -item description as described in the project budget approved by the State and amounts.
Each payment request must also include proof of payment such as receipts, paid invoices, canceled
checks or other forms of documentation demonstrating payment has been made.
b. Any payment request that is submitted without the required itemization and documentation will not be
authorized. If the payment request package is incomplete, inadequate or inaccurate, the State will inform
the Grantee and hold the payment request until all required information is received or corrected. Any
penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment
will be paid by the Grantee and is not reimbursable under this Agreement.
6. Grant funds in this award have a limited period in which they must be expended. Grantee expenditures funded
by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.
7. The State reserves the right to request reimbursement of any funds spent on the project, even funds deemed
eligible costs, if the project is not completed in accordance with the Grant Agreement and the guidelines.
8. Except as otherwise provided herein, the Grantee shall expend grant funds in the manner described in the
Exhibit A approved by the State. The total dollars of a category in the project budget may be increased by up
to ten percent (10%) through a reallocation of funds from another category, without approval by the State.
However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify
both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more
than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In
any event, the total amount of the grant funds may not be increased, nor may any adjustments exceed the
limits for management costs as described in the Application Guidelines.
D. Project Administration
1. Grantee shall promptly provide project reports and/or photographs upon request by the State. In any event
Grantee shall provide the State a report showing total final project expenditures with the final payment request
and required closing documents.
2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for
inspection upon request by the State.
3. Grantee shall use any income earned by the Grantee from use of the project to further project purposes, or, if
approved by the State, for related purposes within the jurisdiction.
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4. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interest-bearing account,
setting up and identifying such account prior to the advance. Interest earned on Grant Funds shall be used on
the Project, as approved by the State. Any overpayment of Grant Funds in excess of final project costs shall
be returned to the State within sixty (60) days of completion of the Project or the end of the Project performance
period as shown on the signature page, whichever is earlier.
5. Grantee shall submit all documentation for project completion, including a notice of completion as applicable
and final reimbursement within ninety (90) days of project completion, but in no event any later than March 1,
2026.
6. Final payment is contingent upon State verification that project is consistent with project scope as described
in Exhibit A, together with any State approved amendments.
7. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request
by the Grantee for amendments must be in writing stating the amendment request and reason for the request.
The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the
effective date of the proposed amendment.
8. Grantee must report to the State all sources of other funds for the project.
E. Project Termination
1. The State reserves the right to terminate a Grant Agreement for any reason at any time. There are no vested
rights or entitlements to funding that a Grantee can or should rely upon, and once a notice of termination is
provided to the Grantee, only authorized and eligible work prior to that notification of termination will be paid by
the State.
2. Prior to the completion of project construction, either party may terminate this Agreement by providing the
other party with thirty (30) days' written notice of such termination. The State may also terminate this Grant
Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any
state or federal law or policy by Grantee which affects performance of this or any other grant agreement or
contract entered into with the State.
3. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the
Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The
State shall be responsible for any reasonable and non -cancelable obligations incurred by the Grantee in
the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed
balance of funding authorized in this Agreement.
4. If the Grantee fails to complete the project in accordance with this Agreement, or fails to fulfill any other
obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment
to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further
costs related to the project. The State may, at its sole discretion, consider extenuating circumstances and not
require repayment for work partially completed provided that the State determines it is in the State's best
interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for
breach of this Agreement.
5. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act
may be cause for suspension of all obligations of the State hereunder.
6. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all
obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the
Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable
obligations properly incurred shall be eligible for reimbursement under this Agreement.
7. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of
this Agreement, is the for the purposes as stated in the Application for the people of the State of California,
and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money
furnished by the State by way of grant funds under the provisions of this Agreement, the Grantee agrees that
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payment by the Grantee to the State of an amount equal to the amount of the grant funds disbursed under this
Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this
Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the
Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by
the State.
F. Hold Harmless
1. Grantee shall waive all claims and recourses 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
Agreement, except claims arising from the gross negligence of State, its officers, agents and employees.
2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity
against any and all claims, demands, damages, costs, expenses or liability costs arising out of the project,
including development, construction, operation or maintenance of the property described in the project
description which claims, demands or causes of action arise under Government Code Section 895.2 or
otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of
the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely
responsible for compliance with items to which it has certified.
3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the
gross negligence of the State and 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.
G. Financial Records
1. Grantee shall maintain satisfactory financial accounts, documents and records for the project and to make them
available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts,
documents, and records for three (3) years after final payment and one (1) year following an audit.
2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have
the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this
Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State
accurate records of all of its costs, disbursements, and receipts with respect to its activities under this
Agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the
State.
H. Use of Facilities
1. The real property (including any portion of it or any interest in it) may not be sold or transferred without the
written approval of the State of California, acting through the Natural Resources Agency, or its successor,
provided that such approval shall not be unreasonably withheld as long as the purposes for which the grant
was awarded are maintained.
2. Grantee shall maintain, operate, and use the project in fulfillment of the purpose funded pursuant to this grant
for a minimum of XXXXXXX (XX) YEARS, consistent with the Land Tenure/Site Control requirements included
in the Application Guidelines. The Grantee, or the Grantee's successor in interest in the property, may assign
without novation the responsibility to maintain and operate the property in accordance with this requirement
only with the written approval of the State. Grantee may be excused from its obligations for operation and
maintenance of the project site only upon the written approval of the State for good cause. "Good cause"
includes, but is not limited to, natural disasters that destroy the project improvements and render the project
obsolete or impracticable to rebuild.
3. Grantee shall use the property for the purposes for which the grant was made and shall make no other use
or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property
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from the Grantee to a Public Agency, if the successor public agency assumes the obligations imposed by
this Agreement.
4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is
sold or otherwise disposed of, at the State's sole discretion, an amount equal to (1) the amount of the Grant
(2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition,
whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less
than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the
sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed
of, whichever is greater, shall be reimbursed to the State.
5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the
written permission of the State.
6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.
Nondiscrimination
During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass
or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital
status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic
characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of
pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the
evaluation and treatment of all persons, and particularly their employees and applicants for employment are
free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions
of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations
promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code, §12990 (a)—(f), are incorporated into
this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.).
Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to
perform work under the grant.
2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that
reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to
law.
3. The completed project and all related facilities shall be open to members of the public generally, except as
noted under the special provisions of this Agreement or under provisions of the Act.
J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved
in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in
this Agreement.
K. Severability
If any provision of this Agreement or the Application thereof is held invalid, that invalidity shall not affect other
provisions or applications of this Agreement which can be given effect without the invalid provision or
application, and to this end the provisions of this Agreement are severable.
L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party,
unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is
asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied,
will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party.
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M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in
part.
N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or
relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the
Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following
procedures:
If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit,
in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and
Grants for the California Natural Resources Agency. The grievance report must state the issues in the
dispute, the legal authority, or other basis for the Grantee's position and the remedy sought. Within ten
(10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary
shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision
and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary's decision, the
Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources
Agency.
2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant
Secretary's decision is unacceptable. The letter must include, as an attachment, copies of the Grantee's
original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary.
The Grantee's letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy
Assistant Secretary's written decision. The Assistant Secretary or designee shall, within twenty (20)
working days of receipt of Grantee's letter of appeal, review the issues raised and shall render a written
decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.
O. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years following the final payment of grant
funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they
relate to the project for which the grant funds were granted.
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RESOLUTION NO. 2022-40
A RESOLUTION OF THE LODI CITY COUNCIL
ACCEPTING GRANT FUNDS FROM THE STATE OF
CALIFORNIA FOR TONY ZUPO FIELD FIRE
RESTORATION PROJECT; AND FURTHER
APPROPRIATING FUNDS
WHEREAS, the Legislature and Governor of the State of California have approved a grant
for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the
responsibility for the administration of the grant project, setting up necessary procedures; and
WHEREAS, said procedures established by the California Natural Resources Agency
require the Grantee to certify by resolution the approval of the Project Information Package before
submission of said package to the State; and
WHEREAS, the Grantee will enter into an agreement with the State of California for
subject project(s):
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council
1. Approves the acceptance of general fund allocation for local assistance for the above
project(s); and
2. Certifies that said agency understands the assurances and certification in the Project
Information Form; and
3. Certifies that said agency will have sufficient funds to develop, operate and maintain the
project(s) consistent with the land tenure requirements; or will secure the resources to do so;
and
4. Certifies that said agency will comply with the provisions of Section 1771.5 of the California
Labor Code; and
5. If applicable, certifies that the project will comply with any laws and regulation including, but
not limited to, the California Environmental Quality Act (CEQA), legal requirements for building
codes, health and safety codes, disabled access laws, environmental laws and, that prior to
commencement of construction, all applicable licenses and permits will have been obtained.
6. Certifies that said agency has reviewed and understands the General Provisions contained in
the Project Agreement shown in the Procedural Guide; and
7. Appoints the CITY MANAGER as agent to conduct all negotiations, execute and submit all
documents including, but not limited to Project Information Form, agreements, payment
requests and so on, which may be necessary for the completion of the aforementioned
project(s).
BE IT FURTHER RESOLVED that the Lodi City Council does hereby accept grant funds
from the State of California for the Tony Zupo Field Fire Restoration Project; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate revenue
in the amount of $750,000 to 43200000.56006 and appropriate expense in the amount of
$750,000 to 43299000.77020, PKCP-22004. Contracts; and
BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol
Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to
the above -referenced document(s) that do not alter the compensation or term, and to make
clerical corrections as necessary.
Dated: February 16, 2022
I hereby certify that Resolution No. 2022-40 was passed and adopted by the City Council
of the City of Lodi in a regular meeting held February 16, 2022, by the following vote:
AYES: COUNCIL MEMBERS — Hothi, Khan, Kuehne, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
PAMELA M. FARRIS
Assistant City Clerk
2022-40