HomeMy WebLinkAboutAgenda Report - November 21, 2001 E-23AGENDA TITLE: Adopt Resolution Approving the Contract for the Roberti-Z'Berg-Harris Block Grant
Program ($168,584.00)
MEETING DATE: November 17, 2001 Actual Meeting Date: November 21, 2001
PREPARED BY: Parks and Recreation Director
RECOMMENDED ACTION: That the City Council adopt the attached resolution approving the contract
for the Roberti-Z'Berg-Harris Block Grant Program.
BACKGROUND INFORMATION: At the August 15, 2001 City Council meeting, Council adopted a
resolution authorizing staff to submit an application for a grant
under the Roberti-Z'Berg-Harris Block Grant Program portion of
Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal
Protection Bond Act of 2000.
The next step in securing this grant is for the City to enter into a contract with the State of California,
Department of Parks and Recreation. The grant allocation is $168,584 and must be expended by June
30, 2009.
The Roberti-Z'Berg-Harris Program is allocated on a population -based formula and is intended to meet
the most urgent park and recreation needs in the most heavily populated and most economically
disadvantaged areas within the city. These funds can be used for either acquisition or development of
recreation land and facilities.
Applicants will be required to provide at least 30% of the project costs. The 30% local match required
for the City of Lodi amounts to $72,250. Projects have yet to be determined and will come to Council for
final approval. Development impact fees may be used to meet part of the 30% match requirement if a
selected project is part of the program. If development impact fees are not used, then capital budget
funds may be used. In summary, the local match must come from non -state sources. 10% of the match
must come from private or non -state sources.
FUNDING: 30% match.
Roger Baltz
Parks and Recreation Director
RB:svb
cc: City Attorney
APPROVED:
A. Dixon Fly n -- City M nager
11/13/01
Coufiuued August 15, 2001
MOTION / VOTE:
The City Council, on motion of Council Member Land, Nakanishi second, adopted
Resolution No. 2001-204 approving a four-way stop at the intersection of Central Avenue
and Eden Street. The motion carried by the following vote:
Ayes: Council Members — Hitchcock, Howard, Land and Mayor Nakanishi
Noes: Council Members — Pennino
Absent: Council Members — None
RECESS
At 9:02 p.m., Mayor Nakanishi called for a recess, and the City Council meeting reconvened at
9:17 p.m.
REGULAR CALENDAR (Continued)
1-5 "Adopt resolution approving the application to apply for grant funds for the Roberti-Z'Berg-
Harris Urban Open Space and Recreation Program under the Safe Neighborhood Parks,
Clean Water, Clean Air, and Coastal Protection Bond Act of 2000"
Parks and Recreation Director Baltz explained that the Roberti-Z'Berg-Harris grant
allocation is on a population criteria based formula. Thirty percent of the total project cost
must be absorbed by the local match. The City's local match amount is $72,250. The
grant money can be used for acquisition, development or rehabilitation of parks and
recreation facilities. Thirty percent of the grant can be used for special major
maintenance, or for innovative recreation programs.
In response to Council Member Howard, Mr. Baltz reported that the State has a three-
step process in place for the grant that consists of: 1) the resolution; 2) a contract that
must be entered into by 2003; and, 3) application for the specific projects. Mr. Baltz
stated that the deadline of 2008 for utilizing the grant will not be an issue.
In reply to Council Member Hitchcock, Mr. Baltz explained that staff has been assured by
the grant officer that developer impact fees can apply toward the 100 of funding that
must come from private money.
MOTION / VOTE:
The City Council, on motion of Mayor Pro Tempore Pennino, Land second, unanimously
adopted Resolution No. 2001-205 approving the application to apply for grant funds for
the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program under the Safe
Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000.
1-6 "Adopt resolution authorizing the City Manager to execute a contract with the State of
California for the 2000 Park Bond Act Per Capita Grant Program"
Parks and Recreation Director Baltz reported that this item is the second step in the
process for the 2000 Park Bond Act Per Capita Grant Program grant in the amount of
$525,000.
MOTION / VOTE:
The City Council, on motion of Council Member Land, Hitchcock second, unanimously
adopted Resolution No. 2001-206 authorizing the City Manager to execute a contract with
the State of California for the 2000 Park Bond Act Per Capita Grant Program.
0
State of California - The Resources Agency
DEPARTMENT OF PARKS AND RECREATION
GRANT CONTRACT
Rob erti-Z'b erg -Ha rris Urban Open Space and Recreation Grant Program (Block Grants)
GRANTEE City of Lodi
THE PROJECT PERFORMANCE PERIOD is from July 01, 2001 thru June 30, 2009
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 Roberti-Z'berg-Harris Urban Open Space and Recreation Program Act. and
the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000, agrees to fund the
Project(s) up to the total State Grant Amount indicated.
THESE FUNDS ARE FOR THE ACQUISITION AND/OR DEVELOPMENT OF HIGH PRIORITY PROJECTS
THAT SATISFY THE MOST URGENT PARK AND RECREATION NEEDS, WITH EMPHASIS ON UNMET
NEEDS IN THE MOST HEAVILY POPULATED AND MOST ECONOMICALLY DISADVANTAGED AREAS
WITHL*d EACH JURISDICTION.
Total State Grant Amount not to exceed $168,584.00 (or 70 percent of all Project costs)
City of Lodi
The General and Special Provisions attached are
Grantee
made a part of and incorporated into the Contract.
By
(Signature of Authorized Representative)
Title City Manager
AWvved as to fQ i! r
Date
ity Attorney
000000429200
STATE OF CALIFORNIA
By
DEPARTMENT OF PARKS AND RECREATION .
Title
By
Date
Date
I hereby certify that the Grantee has met, or will meet, all federal, state and local environmental, public health, relocation, affirmative action,and
clearinghouse requirements and all other appropriate codes, laws and regulations prior to the expenditure of grant funds. (Public Resources Code
5626(d)
Signed
106
(Signed - Legal Counsel for Grantee)
Date
CERTIFICATION OF FUNDING (For State Use Only)
CONTRACT NUMBER
FUND
C2009262
Bond Act of 2000
:VENDOR NUMBER
AMOUNT OF THIS ESTIMATE
APPROPRIATION
000000429200
$168,584.00
UNENCUMBERED BALANCE
ITEM
CHAPTER
STATUTE
FISCAL YEAR
$
3790-101-0005(1)(b)
106
2001
2001102
NO. BR.. NO.
INDEX. OBJ. EXPEND PCA.
PROJECT / WORK PHASE.
'T.B.A.
1091 702 64014
;I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER !DATE.
ROBERTI-Z'BERG-HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM ACT
Project Contract
Special Provisions
General Provisions
A. Definitions
1. The term "Acquisificn" as used herein means to obtain from a willing seller a fee interest or any other
interest, including easements and Development rights, in real property.
2. The term "Act" as used herein means the Appropriation for the Program.
3. The term "Application" as used herein means the individual Application and its required attachments for
grants pursuant to the enabling legislation and/or program.
4. The term "Development" as used herein means improvements to real property by construction of new
facilities or Renovation or additions to existing facilities.
5_ The term "Grantee" as used herein means the party described as Grantee on Page 1 of this Contract.
6. The term "Project" as used herein means the Project described on Page 1 of this Contract.
7. The term "State" as used herein means the State of California Department of Parks and Recreation.
B. Project Execution
Subject to the availability of grant monies in the Act, the State hereby grants to the Grantee a sum of money
(grant monies) not to exceed the amount stated on Page 1, in consideration of, and on condition that, the
sum be expended in carrying out the purposes as set forth in the Description of Project on Page 1, and
under the terms and conditions set forth in this Contract.
The Grantee agrees to furnish at least thirty (30) percent of the total cost of the Project unless waived per
the procedures stated in the current State Procedural Guide for the Roberti-Z'berg-Harris Urban Open
Space and Recreation Program Act and shall assume any obligation to furnish any additional funds that
may be necessary to complete the Project. Any modification or alteration in the Project as set forth in the
Application or; fie with the State must be Submitted to the State for approval.
2. The Grantee shall complete the Project in accordance with the time of Project Performance set forth on
page 1, and under the terms and conditions of this Contract.
3. The Grantee shall comply as lead agency with the California Environmental Quality Act (Public Resources
Code, Section 21000, et. seq.; Title 14, Calffornia Code of Regulations, Section 15000 et. seq.).
4. If the Project includes Development, 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 disabled access laws.
5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion by the
State, to determine if Development work is in accordance with the approved Project Scope.
6. Prior to the commencement of any work, the Grantee agrees to submit any significant deviation from the
original Project Scope in writing to the State for prior approval.
RZH Block (7/01) Page 1
r
7. If the Project includes Acquisition of real property, the Grantee agrees to comply with all applicable state
and local laws or ordinances affecting relocation and real property Acquisition.
8. The Grantee shall provide for public access to Project facilities in accordance with the intent and provisions
of the enabling legislation and/or program.
9. Pursuant to guidelines issued by the Secretary for Resources, all recipients of funding shall post signs
acknowledging the source of funds.
10. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the 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, as determined by the State, that is held by the Grantee.
11. The Grantee shall maintain and operate the property funded pursuant to Section 5096.343 (a)(1) of the
Public Resources Code for a period that is commensurate with the type of Project and the proportion of
state funds and local matching funds or property allocated to the capital costs of the Project. With the
approval of the State, the Grantee, or the Grantee's successor in interest in the property, may transfer the
responsibility to maintain and operate the property in accordance with this section. The Grantee shall use
the property only for the purposes for which the grant was made and shall make no other use or sale or
other disposition of the property, except as authorized by specific act of the Legislature. The agreements
specified n 'his section shall not prevent the tra^sfer of the property from the Grantee to a public agency, if
the successor public agency assumes the obligations imposed by those agreements. If the use of the
property is changed to a use that is not permitted by the category from which the grant funds were
appropriated, or if the property is sold or otherwise disposed of, an amount equal to (1) the amount of the
grant, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition,
whichever is greater, shall be used by the Grantee for a purpose authorized by that category, pursuant to
agreement with the State as specified in this section, or shall be reimbursed to the fund and be available for
appropriation by the Legislature only for a purpose authorized by that category. If the property sold or
otherwise disposed of is less than the entire interest in the property funded with the grant, an amount equal
to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest
sold or otherwise disposed of, whichever is greater, shall be used by the Grantee for a purpose authorized
by the category from which the funds were appropriated, pursuant to agreement with the State as specified
in this section, or shall be reimbursed to the fund and be available for appropriation by the Legislature only
for a e_�,: authorized by that category.
12. Lan is ;squired with funds from the Act shall be acquired from a willing seller of the land.
13. The Application shall be accompanied by certification from the Grantees' planning agency that the Project
for which the grant is requested is consistent with the park and recreation element of the applicable city or
county general plan, the district park and recreation plan, or appropriate planning document, as the case
may be and will satisfy a high priority need.
C. Project Costs
The Grant monies to be provided Grantee under this Contract may be disbursed as follows:
If the Project includes Acquisition of real property, the State may disburse to Grantee the grant monies as
follows, but not to exceed, in any event, the State Grant Amount set forth on page 1 of this Contract:
a. Up to a ten percent advance of the total Project Grant Amount
b. After the property is in escrow, the Grantee may request up to 80% of the Project Grant Amount as
specified in the approved Application, or 100% of the actual Acquisition cost, whichever is less. The
Grantee shall immediately place these funds in escrow.
c. Remaining Project grant funds shall be paid up to the amount of the grant or the actual Project cost,
whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from the
Grantee.
If the Project includes Development, the State may disburse to Grantee the grant monies as follows, but not
to exceed in any event the State Grant Amount set forth of page 1 of this Contract:
a. Up to a ten percent advance of the total Project Grant Amount.
b. On proof of award of a construction contract or commencement of construction by Force Account, up to
eighty percent of the total Project Grant Amount, or the actual cost, whichever is less.
c. Remaining Project grant funds shall be paid up to the amount of the grant or the actual Project cost,
whichever is less, on completion of the Project and receipt of a detailed summary of Project costs from
the Grantee.
RZH Block (7101) Page 2
D. Project Administration
1. The Grantee shall promptly submit written Project reports as the State may request. In any event the
Grantee shall provide the State a report showing total final Project expenditures.
2. The Grantee shall make property and facilities acquired or developed pursuant to this Contract available for
inspection upon request by the State.
3. The Grantee shall use any monies advanced by the State under the terms of this Contract solely for the
Project herein described.
4. If grant monies are advanced, the Grantee shall place monies in a separate interest bearing account, setting
up and identifying such account prior to the advance. Interest earned on grant monies shall be used on the
Project or paid to the State. If grant monies are advanced and not expended, the unused portion of the
Grant shall be returned to the State within 60 days of completion of the Project or end of the Project
Performance Period, whichever is earlier.
5. The Grantee shall use income earned by the Grantee from use of the Project to further Project purposes, or,
if approved by the State, for related purposes within the Grantee's jurisdiction.
E. Project Termination
1. The Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project.
After Project commencement this Contract may be rescinded, modified or amended only by mutual
agreement in writing between the Grantee and the State.
2. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Act may be
cause for suspension of all obligations of the State hereunder.
3. Failure by the Grantee to comply with the terms of this Contract shall not be cause for the suspension of all
obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the
Grantee. In such case, any amount required to settle at minimum cost any irrevocable obligations properly
incurred shall be eligible for reimbursement under this Contract.
4. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this
Contract, is the preservation, protection and net increase in the quantity and quality of parks, public .
recreation facilities and/or historical resources available to the people of the State of Califomia and because
such benefit exceeds to an immeasurable and unascertainable extent, the amount of money furnished by the
State by way of grant monies under the provisions of this Contract, the Grantee agrees that payment by the
Grantee to the State of an amount equal to the amount of the grant monies disbursed under this Contract by
the State would be inadequate compensation to the State for any breach by the Grantee of this Contract.
The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of
this Contract shall be the specific performance of this Contract, unless otherwise agreed to by the State.
5_ The Grantee and the State agree that if the Project includes Development, final payment may not be made
until the Project conforms substantially to tf'is Contract.
F. 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 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.
RZH Block (7/01) Page 3
}
3. The Grantee agrees that in the event the State is named as codefendant under the provisions of Government
Code Section 895 et. seq., the Grantee shall notify the State of such fact and shall represent the State in the
legal action unless the State undertakes to represent itself as codefendant in such legal action in which event
the State shall bear its own litigation costs, expenses, and attorney's fees.
4. The Grantee and the State agree that in the event of judgment entered against the State and the Grantee
because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an
apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither
party shall request a jury apportionment.
5. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against
any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to
which the Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance with
items to which it has certified.
G. Financial Records
1. The r rantee sf al! ma,ir;tain sat,efactory financial accounts, documents and records for the Project and to
make them available to the State for auditing at reasonable times. The Grantee also.agrees to retain such
financial accounts, documents and records for three years following Project termination or completion.
The Grantee and the State agree that during regular office hours each of the parties hereto and their duly
authorized representatives shall have the right to inspect and make copies of any books, records or reports
of the other party pertaining to this Contract or matters related thereto. The Grantee shall maintain and make
available for inspection by the State accurate records of all of its costs, disbursements and receipts with
respect to its activities under this Contract.
2. The Grantee shall use a generally accepted accounting system.
H. Use of Facilities
1. The Grantee agrees that the Grantee shall use the property acquired or developed with grant monies under
this Contract only for the purpopas for which the State grant monies were requested and no other use of the
area shall be permitted except -)y Specific act of the Legislature.
2. The Grantee shall maintain and operate the property acquired or developed for a period commensurate with
the type of Project and the proportion of State grant funds and local funds allocated to the capital costs of the
Project, as determined by the State.
Nondiscrimination
1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age,
religion, ancestry, sexual orientation, or disability in the use of any property or facility acquired or developed
pursuant to this Contract.
2. The Grantee shall no! discriminate against any person on the basis of residence except to the extent that
reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant
to law.
3. All facilities shall be open to members of the public generally, except as noted under the special provisions of
this Project Contract or under provisions of the enabling legislation and/or program.
Application Incorporation
1. The Application and any subsequent change or addition approved by the State is hereby incorporated in this
Contract as though set forth in full in this Contract.
K. Severability
1. 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.
RZH Block (7/01) Page 4
RESOLUTION NO. 2001-269
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF LODI
AND THE STATE OF CALIFORNIA DEPARTMENT OF PARKS
AND RECREATION FOR THE ROBERTI-Z'BERG-HARRIS
BLOCK GRANT PROGRAM
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WHEREAS, at its meeting of August 15, 2001, the City Council adopted a resolution
authorizing staff to submit an application for a grant under the Robe rt-Z'Berg-Ha rris Block Grant
Program portion of the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection
Bond Act of 2000; and
WHEREAS, the next step in securing the grant is for the City of Lodi to enter into a contract
with the State of California Department of Parks and Recreation for the grant allocation of
$168,584.00; and
WHEREAS, the Roberti-Z'Berg-Harris Program is allocated on a population -based formula
and is intended to meet the most urgent park and recreation needs in the most heavily populated
and most economically disadvantaged areas within the city; and
WHEREAS, these funds can be used for either acquisition or development of recreation
land and facilities; and
WHEREAS, the City will be required to provide at least a 30% local match of the project
costs in the amount of $72,250.00.
NOW, THEREFORE, BE IT RESOLVED, that the Lodi City Council does hereby authorize
the City Manager to execute a contract with the State of California Department of Parks and
Recreation for the grant allocation of $168,584.00; and
BE IT FURTHER RESOLVED, that the Lodi City Council hereby approves the 30% local
match of the project costs in the amount of $72,250.00.
Dated: November 21, 2001
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I hereby certify that Resolution No. 2001-269 was passed and adopted by the Lodi City
Council in a regular meeting held November 21, 2001 by the following vote:
AYES: COUNCIL MEMBERS — Hitchcock, Howard, Land, Pennino and Mayor
Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
D �•�a
SUSAN J.BLACKSTON
City Clerk
2001-269