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HomeMy WebLinkAboutMINUTES - 03022010 - C.4RECOMMENDATION(S): ADOPT Resolution No. 2010/125 approving and authorizing the Public Works Director, or designee, to execute a Master Grant Contract with the East Bay Regional Park District under the Measure WW Park Bond Extension for the amount of $2,493,336 effective March 2, 2010 through December 31, 2018, Alamo, Clyde, El Sobrante, San Pablo and Rodeo areas. FISCAL IMPACT: No impact to the General Fund revenues. All project costs will be funded by revenue from local grant funds from the East Bay Regional Park District under the Measure WW Park Bond Extension. BACKGROUND: In 2008 the voters of Contra Costa and Alameda County approved the Measure WW Park Bond Extension, which provides funds for the acquisition and development of neighborhood, community and regional parks lands and facilities. The East Bay Regional Park District Board of Directors APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 03/02/2010 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Susan Cohen (313-2160) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: March 2, 2010 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: M. Epps, Special Districts,, B. Balbas, Administration, G. Huisingh, Engineering Services, C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:March 2, 2010 Contra Costa County Subject:Execute a Master Grant Contract with the East Bay Regional Park District under the Measure WW Park Bond Extension BACKGROUND: (CONT'D) is responsible for the administration of the grant program and requires certain procedures. Each applicant’s Governing Body is required to certify by resolution the approval of the applicant to apply for the local grant allocation from the fund and enter into a Contract with the East Bay Regional Park District. The local grant funding allocation benefits five County Service Areas. These funds would go towards projects which will add parks and improvements to selected County parks located in the following County Service Areas: CSA R-7A Alamo CSA M-16 Clyde CSA R-9 El Sobrante CSA M-17 San Pablo (Bayview–Montalvin, Tara Hills) CSA R-10 Rodeo CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, the Public Works Director, or designee, will not enter into a Master Grant Contract and would not be able to apply for Measure WW Park Bond Extension funds for park projects within the specified County Service Areas. ATTACHMENTS Resolution No. 2010/125 Master Contract-Local Grant Program 1 EAST BAY REGIONAL PARK DISTRICT MEASURE WW PARK BOND MASTER CONTRACT - LOCAL GRANT PROGRAM MASTER CONTRACT Nos.: Master Contract # Agency Amount 313400 Alamo, R-7A $817,931.00 313700 Clyde, M-16 $36,321.00 314100 El Sobrante, R-9 $641,740.00 314300 MonTaraBay, M-17 $541,039.00 314400 Rodeo, R-10 $456,305.00 GRANTEE: CONTRA COSTA COUNTY THE PROJECT PERFORMANCE PERIOD is from the date this agreement is signed below by the District through December 31, 2018 The Grantee agrees to the terms and conditions of this Contract, and the East Bay Regional Park District, acting through its Board of Directors pursuant to the Measure WW Park Bond, agrees to fund the total Project Grant Amount indicated. THESE FUNDS ARE FOR THE ACQUISITION AND DEVELOPMENT OF NEIGHBORHOOD, COMMUNITY, AND REGIONAL PARKS AND RECREATION LANDS AND FACILITIES. The General Provisions, Local Grant Procedural Guide, Forms and individual Project Applications are attached hereto and made a part of and incorporated into the Contract. The District anticipates that WW Parks Bonds in the amount of $2,493,336.00 will be issued for project. CONTRA COSTA COUNTY EAST BAY REGIONAL PARK DISTRICT Grantee Grantor By:______________________________ By______________________________ (Signature of Authorized Representative) (Signature of Authorized Representative) Julia R. Bueren Pat O’Brien (Print Name of Authorized Representative) (Print Name of Authorized Representative) Title: Public Works Director Title: General Manager Date: ____________________________ Date: ____________________________ 2 EAST BAY REGIONAL PARK DISTRICT MEASURE WW PARK BOND MASTER CONTRACT - LOCAL GRANT PROGRAM MASTER CONTRACT Nos.: Master Contract # Agency Amount 313400 Alamo, CSA R-7A $817,931.00 313700 Clyde, CSA M-16 $36,321.00 314100 El Sobrante, CSA R-9 $641,740.00 314300 MonTaraBay, CSA M-17 $541,039.00 314400 Rodeo, CSA R-10 $456,305.00 GRANTEE: CONTRA COSTA COUNTY Authorized Representative – the Applicant/Grantee’s designated position authorized in the Resolution to sign all required grant documents. The Authorized Representative may designate an alternate by informing the District in writing. The Authorized Representative (Print Name & Title) Julia R. Bueren hereby designates the following alternates: Gary Huisingh, Supervising Engineer ghuis@pw.cccounty.us (925) 313-2257 Name / Title E-mail Address Phone Susan Cohen, Special Districts Manager scohe@pw.cccounty.us (925) 313-2160 Name / Title E-mail Address Phone Name / Title E-mail Address Phone Name / Title E-mail Address Phone 3 General Provisions A. Definitions 1.The term "Measure" as used herein refers to the revenue generated from the sale of bonds for the Program. 2.The term “Application” as used herein refers to the individual Project Application(s) and its required attachments for grants, pursuant to the enabling legislation and/or procedural guidelines. 3.Acquisition: means to obtain fee title or permanent easement for public access rights in real property. 4.The term “District” means the East Bay Regional Park District. 5.The term “Development” means improvements to real property for parks and recreation purposes, including but not limited to construction of new facilities, renovation or additions to existing facilities or historic preservation and protection. WW Local Grant Program funds may only be used for Capital Improvement. 6. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. The term "Project" as used herein means the project described in the Brief Description of Project on the Project Application form. B. Project Execution 1. Subject to the availability of grant monies in the Measure, the District 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 Measure WW Park Bond Local Grant Procedural Guide, 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 Project. Any modification or alteration in the Project as set forth in the Application on file with the District must be submitted to the District for approval. 2. The Grantee shall complete the Project in accordance within the time of Project Performance set forth on page 1, and under the terms and conditions of this Contract. 3. The Grantee shall certify its compliance as lead agency 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. 4 5. The Grantee shall permit periodic site visits, including a final inspection upon Project completion by the District, 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 scope of work in writing to the District. 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 public access to Project facilities commensurate with the intent of the Project. 9. Grantees shall have (1) fee title, (2) lease hold or (3) other interest to the Project lands and demonstrate to the satisfaction of the District that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land that is held by the Grantee, as determined by the District. 10. The Grantee shall maintain and operate the property for a period that is commensurate with the type of Project and the proportion of District funds allocated to the capital costs of the Project. With the approval of the District, 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, sale or other disposition of the property, except as authorized by specific action of the District Board of Directors. The agreements specified in this section shall not prevent the transfer 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 or portion of the property is changed to a use that is not for parks and recreation, 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 parks and recreation capital purpose, pursuant to agreement with the District as specified in this section, or shall be reimbursed to the District and be available for appropriation by the District Board of Directors only for an authorized purpose. 11. The Grantee shall post and maintain a funding acknowledgement sign at the Project site for three years following receipt of final payment for the project. C. Project Costs 1. The District may disburse to the Grantee the grant monies as follows, but not to exceed in any event, the total Grant Amount set forth of page 1 of this Contract: a. The Grantee may request progress payments up to a total of up to 80% of the approved Project Application amount for eligible expenditures made on the project. b. The remaining grant funds shall be paid up to the amount of the Application or the actual Project cost, whichever is less, on completion of the Project and receipt of a Completion Package of Project costs from the Grantee. 5 D. Project Administration 1. The Grantee shall submit written Project Status Reports to the District every six months. The District shall withhold all payments until all Project Status Reports are properly submitted. 2. The Grantee shall make property and facilities developed pursuant to this Contract available for inspection upon request by the District. E. Project Termination 1. Any Grant funds that have not been expended by the Grantee prior to the end of the performance period set forth on page 1 of this Contract shall revert to the District and be available for Appropriation by the District Board of Directors for one or more other projects for parks and recreation purposes. 2.The Grantee may unilaterally rescind this Contract at any time prior to the commencement of a Project. After Project commencement, this Contract may be rescinded, modified or amended only by mutual agreement in writing between the Grantee and the District. 3.Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Bond Measure may be cause for suspension of all obligations of the District hereunder. However, such failure shall not be cause for the suspension of all obligations of the District hereunder if in the judgment of the District 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. F. Hold Harmless 1. The Grantee shall waive all claims and recourse against the District 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 District, its officers, agents, and employees. 2. The Grantee shall indemnify, hold harmless and defend the District, 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. This includes claims, demands or causes of action that arise under Government Code Section 895.2 or otherwise, except for liability arising out of the concurrent or sole negligence of the District, its officers, agents, or employees. 3. The Grantee agrees that in the event the District is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify the District of such fact and shall represent the District in the legal action, unless the District undertakes to represent itself as codefendant in such legal action, in which event the District shall bear its own litigation costs, expenses, and attorney’s fees. 4. The Grantee and the District agree that in the event of judgment entered against the District and the Grantee because of the concurrent negligence of the District and the Grantee, their 6 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 District, 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 Grantee shall maintain satisfactory financial accounts, documents and records for the Project and make them available to the District for auditing at reasonable times. The Grantee also agrees to retain such financial accounts, documents and records until December 31, 2021. The Grantee and the District 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 District 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 developed with grant monies under this Contract only for the purposes for which the District grant monies were requested and no other use of the area shall be permitted except by specific written approval by the District. 2. The Grantee shall maintain and operate the property developed for 25 years after final payment of grant funds. The Grantee shall permit periodic inspection of the project by the District during this period and may be required to submit annual project status reports if requested by the District. I. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this Contract. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent those reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. J. Procedural Guidelines and Application Incorporation The Project Application, Procedural Guidelines and Forms and any subsequent change or addition approved by the District is hereby incorporated in this Contract as though set forth in full in this Contract. 7 K. Severability If any provision of this Contract or the application thereof is held invalid, that invalidity shall not affect other provisions 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.