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HomeMy WebLinkAboutAGMT - California Department of Parks and Recreation (2018 Parks Bond Act Per Capita Contract #C9801458 & C9802185)DocuSign Envelope ID: 3131 935C4 -934D-41 EC-AA44-411 D1 146A655 State of California — Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION AMENDMENT TO CONTRACT Contract No. C9801459 Amendment No. 1 THIS AMENDMENT is hereby made and agreed upon by the State of California, acting through the Director of the Department of Parks and Recreation and by the City of Seal Beach The State and, City of Seal Beach in mutual consideration of the promises made herein and in the contract in which this is an amendment, do promise as follows: To extend the Grant Performance Period to June 30, 2028 and to add the Special Provisions, Section 111. In all other respects, the contract of which this is an amendment, and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. Appli : CI f S ch By Title Ct anager Applicads�Authorized Representative as shown in Resolution Date V 6h 0 1 / i® 63 STATE DEP FeEW PARKS AND RECREATION Cllr fes. By Date 6/5/2023 CERTIFICATION OF FUNDING (FOR STATE USE ONLY) CONTRACT NO AMENDMENT NO. FISCAL SUPPLIER I.D. PROJECT NO C9801459 1 0000004576 18-30-076 AMOUNT ENCUMBERED BY. THIS FUND DOCUMENT Drought, Water, Cin Air, Cstl Protc, Outdoor Fund 0 PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-101-6088 29 18 1 2022123 $177,952 TOTAL AMOUNT ENCUMBERED TO DATEReporting Structured Account/AttAccount ACTIVITY CODE PROJECT/WORK $177,952 37900091 5432000- 15432000000 69801 PHASE DocuSign Envelope ID: 3131935C4 -934D-41 EC-AA44-41 1 D1 146A655 I. RECITALS This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Seal Beach (hereinafter referred to as "GRANTEE"). The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $177,952 , subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number — 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S). The Grant Performance Period is from July 01. 2018 to June 30. 2028 II. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT. 2. The term "APPLICATION' means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements. 3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation. 4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property. 5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT. 6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant. 7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The DocuSign Envelope ID: 3131 935C4 -934D-41 EC-AA44-41 1 D1 146A655 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant. 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). The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE. 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 2 DocuSign Envelope ID: 3131 935C4 -934D-41 EC-AA44-411D1146A655 any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier. 2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT. 3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to -this contract available for inspection upon request by the STATE. E. Project Termination 1. Project Termination refers to the non -completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required. 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 as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. F. Budget Contingency Clause 3 DocuSign Envelope ID: 361935C4 -934D-41 EC-AA44-411 DI 146A655 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT. G. Hold Harmless 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. H. Financial Records 1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 2 DocuSign Envelope ID: 3B1 935C4 -934D-41 EC-AA44-411 DI 146A655 termination or issuance of final payment, whichever is later. 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 and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later. 4. The GRANTEE shall use a generally accepted accounting system. I. Use of Facilities 1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period. 2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. 3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE. 4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT. 5 DocuSign Envelope ID: 3B1935C4-934D-41 EC-AA44-411 DI 146A655 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro -rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 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 sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract. 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program. K. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable. L. Liability 1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. 2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion. of the grant project. M. Assignability X DocuSign Envelope ID: 3131935C4 -934D-41 EC-AA44-411 DI 146A655 Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. N. Use of Grant Monies GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property. O. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. 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. 7 DocuSlgn Envelope ID: 3B1935C4-934D-41 EC-AA44-411D1146A655 City of Seal Beach GRANTEEi;�� BY: . ankimn SignatuVe,df Authorized Repres tive Title: C i ti M ain o n e Y Date: W101 12023 STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Do Signed by: By: E---� "�`!�` 4 4... Date: 6/5/2023 DocuSign Envelope ID: 3131 935C4 -934D-41 EC-AA44-411D1146A655 State of California — Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION AMENDMENT TO CONTRACT Contract No. C9802185 Amendment No. i THIS AMENDMENT is hereby made and agreed upon by the State of California, acting through the Director of the Department of Parks and Recreation and by the City of Seal Beach The State and, City of Seal Beach in mutual consideration of the promises made herein and in the contract in which this is an amendment, do promise as follows: To extend the Grant Performance Period to June 30, 2028 and to add the Special Provisions, Section III. In all other respects, the contract of which this is an amendment, and the terms and conditions if relevant thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this amendment as of the date entered below. Appli n i Sal Ch By %,-/ &Ne&n Title City Manager Applicant's Authorized Representative as shown in Resolution Date 01#101120-13 STA:77009862C77IF404 M,3*TcQFPARKS AND RECREATION By"Zffi F.'14 ... Date 6/5/2023 CERTIFICATION OF FUNDING (FOR STATE USE ONLY) CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D. PROJECT NO C9802185 1 0000004576 18-30-077 AMOUNT ENCUMBERED BY THIS FUND DOCUMENT Drought, Water, Cin Air, Cstl Protc, Outdoor Fund 0 PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-101-6088 23 19 2022/23 $14,771 TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured Account/Alt Account ACTIVITY CODE PROJECT/VIIORK $14,771, 37900091 5432000- 15432000000 69803 PHASE DocuSign Envelope ID: 3B1935C4-934D-41 EC-AA44-411D1146A655 I. RECITALS This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Seal Beach (hereinafter referred to as "GRANTEE"). The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $14,771 , subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number — 3790-1011-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S). The Grant Performance Period is from Julv 01, 2018 to June 30. 2028 if. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT. 2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements. 3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation. 4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property. 5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT. 6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant. 7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The DocuSign Envelope ID: 361935C4 -934D-41 EC-AA44-411D1146A655 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant. B. Project Execution 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). The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE. 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 E DocuSign Envelope ID: 3131 935C4 -934D-41 EC-AA44-411D1146A655 any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier. 2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT. 3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE. E. Project Termination 1. Project Termination refers to the non -completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required. 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 as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. F. Budget Contingency Clause 3 DocuSign Envelope ID: 3131935C4 -934D-41 EC-AA44-411 DI 146A655 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT. G. Hold Harmless 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither parry 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 to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project 4 DocuSign Envelope ID: 3131 935C4 -934D-41 EC-AA44-411 D1 146A655 termination or issuance of final payment, whichever is later. 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 and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later. 4. The GRANTEE shall use a generally accepted accounting system. I. Use of Facilities 1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period. 2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. 3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE. 4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT. 5 DocuSign Envelope ID: 3B1 935C4 -934D-41 EC-AA44-411 DI 146A655 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro -rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 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 sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract. 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program. K. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the Invalid provision or application, and to this end the provisions of this CONTRACT are severable. L. Liability STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. 2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project. M. Assignability X DocuSign Envelope ID: 3131 935C4 -934D-41 EC-AA44-41 1 D1 146A655 Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. N. Use of Grant Monies GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property. O. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. Ill. 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. 7 DocuSign Envelope ID: 36193504-934D-41 EC-AA44-41 1 D1 146A655 City of Seal Beach GRANTEE By: &M, IVIA Sig natL&p,.& Authorized Repres tive Title: citl M01n o +41e i Date: 010 101 202 3 STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION DocuSigned by: By: FAIR& Date: 6/5/2023 State of California • Natural Resources DEPARTMENT OF PARKS AND RECREATION P.O. Box 942896 • Sacramento, CA 94296-0001 (916) 653-7423 January 10, 2022 Iris Lee Deputy Public Works Director City of Seal Beach, Public Works 207 8th Street Seal Beach, CA 90740 Re: 2018 Parks Bond Act Per Capita Contract Number: C9801459 Dear Iris Lee: Gavin Newsom. Governor Armando Quintero, Director Enclosed is a contract for the above -referenced program. Please have it signed by the City Manager and return it within 30 days. We will send you a copy after it is signed by the State. Please remember that any projects funded by this contract must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities. If you have any questions, please contact me at (916) 204-9223 or email me at Melinda.Steinert@parks.ca.gov. Sincerely, Melinda Steinert Project Officer Enclosure(s) ?or 6b- p -u GbriA G Y[Mlt C 96u I�( State of California • Natural Resources DEPARTMENT OF PARKS AND RECREATION P.O. Box 942896 • Sacramento, CA 94296-0001 (916) 653-7423 January 10, 2022 Iris Lee Deputy Public Works Director City of Seal Beach, Public Works 207 8th Street Seal Beach, CA 90740 Dear Iris Lee: Gavin Newsom. Governor Armando Quintero, Director Re: Project Name: Heather Park Play Equipment Replacement Program: 2018 Parks Bond Act Project Number: 18-30-076 Grant Amount: $177,952 This letter acknowledges receipt of your application for the above referenced project. The application is complete. You may proceed with the project. Based -on the application you submitted, the following is a description of the expected results from this grant: Renovate Heather Park by replacing the play equipment and surfacing. Please let me know if this does not agree with your understanding of the project. Please remember that you must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities. Refer to your procedural guide for grant process information. If you have any questions, please contact me at (916) 204-9223 or email me at Melinda.Steinert@parks.ca.gov. Sincerely, Melinda Steinert Project Officer cc: Project File State of California - Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2018 Parks Bond Act Per Capita Grant Program GRANTEE City of Seal Beach THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California. f The General and Special Provisions attached are made a part of and incorporated into the Contract. City of Seal Beach, Public Works : ran STATE OF CALIFORNIA By a DEPARTMENT OF PARKS AND RECREATION - Signature Authorized Represen ve Title City Manager By Date01,hw 2 Z Date CERTIFICATION OF FUNDING (For State Use Only) CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D. PR99ECT NO. C9801459 0000004576 18-30-076 AMOUNT ENCUMBERED BY THIS DOCUMENT FUND. $177,952.00 Drought, Water, Cin Air, Cstl Protc, Outdoor Fund PRIOR AMOUNT ENCUMBERED FOR THIS ITEM CHAPTER STATUTE FISCAL YEAR CONTRACT 3790-101-6088 29 18 2021/22 TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured. Account/Alt AccountACTIVITY CODE PROJECT / WORK PHASE $ $177,952.00 37900091 5432000-5432000000 69801 I. RECITALS This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Seal Beach (hereinafter referred to as "GRANTEE"). The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $177,952 , subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number — 3790-101-6088 (appropriation chapter and budget item number .hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S). The Grant Performance Period is from July 01, 2018 to June 30, 2024 . I1. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT. 2. The term "APPLICATION' means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements. 3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation. 4. The term "DEVELOPMENT" means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property. 5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT. 6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant. 7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant. 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). The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE. 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 shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the K grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier. 2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT. 3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE. E. Project Termination 1. Project Termination refers to the non -completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required. 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 as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. F. Budget Contingency Clause 3 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT. G. Hold Harmless 1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees. 2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees. 3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE's litigation costs, expenses, and reasonable attorney fees. 4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified. H. Financial Records 1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project CI termination or issuance of final payment, whichever is later. 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 and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later. 4. The GRANTEE shall use a generally accepted accounting system. 1. Use of Facilities 1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period. 2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. 3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE. 4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT. 5 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro -rated full market value of the real property, including improvements, at the time of sale, whichever is. higher. 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 sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract. 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program. K. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable. L. Liability STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. 2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project. M. Assignability Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. N. Use of Grant Monies GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property. O. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. City of Seal Beach GRANTEE,, By: \-W�— SignatLWof Authorized Repres6WAtive Title: A n Date: 0 125 2(7 2 2 STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Date: 7 State of California • Natural Resources DEPARTMENT OF PARKS AND RECREATION P.O. Box 942896 • Sacramento, CA 94296-0001 (916)653-7423 January 10, 2022 Iris Lee Deputy Public Works Director City of Seal Beach, Public Works 207 8th Street Seal Beach, CA 90740 Re: 2018 Parks Bond Act Per Capita Contract Number: C9802185 Dear Iris Lee: Gavin Newsom, Governor Armando Quintero, Director Enclosed is a contract for the above -referenced program. Please have it signed by the City Manager and return it within 30 days. We will send you a copy after it is signed by the State. Please remember that any projects funded by this contract must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities. If you have any questions, please contact me at (916) 204-9223 or email me at Melinda. Steinert@parks.ca.gov. Sincerely, Melinda Steinert Project Officer Enclosure(s) Tt% � 2 a 2 (' ctoliff ) State of California • Natural Resources A DEPARTMENT OF PARKS AND RECREATION P.O. Box 942896 a Sacramento, CA 94296-0001 (916)653-7423 January 10, 2022 Iris Lee Deputy Public Works Director City of Seal Beach, Public Works 207 8th Street Seal Beach, CA 90740 Dear Iris Lee: Gavin Newsom, Governor Armando Quintero, Director Re: Project Name: Heather Park Play Equipment Replacement Program: 2018 Parks Bond Act Project Number: 18-30-077 Grant Amount: $14,771 This letter acknowledges receipt of your application for the above referenced project. The application is complete. You may proceed with the project. Based on the application you submitted, the following is a description of the expected results from this grant: Renovate Heather Park by replacing the play equipment. Please let me know if this does not agree with your understanding of the project. Please remember that you must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities. Refer to your procedural guide for grant process information. If you have any questions, please contact me at (916) 204-9223 or email me at Melinda.Steinert@parks.ca.gov. Sincerely, Melinda Steinert Project Officer cc: Project File State of California - Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION GRANT CONTRACT 2018 Parks Bond Act Per Capita Grant Program GRANTEE City of Seal Beach THE PROJECT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2024 CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2038 The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California. The General and Special Provisions attached are made a part of and incorporated into the Contract. City of Seal Beach, Public Works ' ra tee STATE OF CALIFORNIA By a DEPARTMENT OF PARKS AND RECREATION (Signature of Authorized Repres tali ) Title City Manager Date 011 v5ho 2 - By Date CERTIFICATION OF FUNDING (For State Use Only) CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D. PROJECT NO. C9802185 0000004576 18-30-077 AMOUNT ENCUMBERED BY THIS DOCUMENT FUND. $14,771.00 Drought, Water, Cin Air, Cstl Protc, Outdoor Fund PRIOR AMOUNT ENCUMBERED FOR THIS ITEMCHAPTER STATUTE FISCAL YEAR CONTRACT 3790-101-6088 23 19 2021/22 TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured. Account/Alt Account ACTMTY CODE PROJECT / WORK PHASE $ $14,771.00 37900091 5432000-5432000000 69803 I. RECITALS This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as "GRANTOR," "DEPARTMENT" or "STATE") and City of Seal Beach (hereinafter referred to as "GRANTEE"). The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as "GRANT MONIES") not to exceed $14,771 , subject to the terms and conditions of this AGREEMENT and the 2019/20 California State Budget, Chapter 23, statutes of 2019, Item number — 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as "PER CAPITA GRANT"). These funds shall be used for completion of the GRANT SCOPE(S). The Grant Performance Period is from July 01, 2018 to June 30, 2024 . II. GENERAL PROVISIONS A. Definitions As used in this CONTRACT, the following words shall have the following meanings: 1. The term "ACT" means the California Drought, Water, Parks Climate, Coastal Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT. 2. The term "APPLICATION" means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements. 3. The term "DEPARTMENT" or "STATE" means the California Department of Parks and Recreation. 4. The term "DEVELOPMENT' means capital improvements to real property by means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property. 5. The term "GRANTEE" means the party described as the GRANTEE in Section I of this CONTRACT. 6. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE/Cost Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant. 7. The term "PROCEDURAL GUIDE" means the document identified as the "Procedural Guide for California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 Per Capita Program." The PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant. B. Project Execution 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). The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE. 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 shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the 2 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier. 2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT. 3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE. E. Project Termination 1. Project Termination refers to the non -completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required. 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 as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability. 4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public. F. Budget Contingency Clause If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT. G. Hold Harmless 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 to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later. 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 and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit. 3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later. 4. The GRANTEE shall use a generally accepted accounting system. I. Use of Facilities 1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period. 2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE. 3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE. 4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or mitigation, nor does it waive the STATE'S rights to enforce performance under the Grant CONTRACT. 5 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro -rated full market value of the real property, including improvements, at the time of sale, whichever is higher. 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 sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract. 2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program. K. Severability If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable. L. Liability 1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. The STATE'S rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects. 2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE's and STATE'S interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project. M. Assignability 0 Without the written consent of the STATE, the GRANTEE'S interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part. N. Use of Grant Monies GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property. O. Section Headings The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT. P. Waiver Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach. Citv of Seal Beach GRANTEE a By: Signat e f Authorized Repres42JAtive Title: Date: Ol I25 �20 22 STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION Date: 7 0 State of California — The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Application Packet Checklist 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. 11 n Application Item Procedural Guide Check when signed by Application Packet = =. Page # AUTHORIZED Page # mx a REPRESENTATIVE C. =4 F,moi Application Packet Checklist Pg 11 pg N/A Digital file name: checklist.pdf Application Pg' 12 F✓ pg' N/A Digital file name: application.pdf ❑Development Project Scope/Cost Pg. 19 pg N/A Estimate, or Digital file name: devscope.pdf IZI Acquisition Requirements P 14 g' p NIA g' Digital file names: acqscope.pdf & acgdocs.pdf Funding Sources Form Pg 20 0 pg N/A Digital file name: fundingsources.pdf Per Capita Match Calculator Pg. 13 pg. N/A Digital file name: match.pdf �. E CEQA Compliance Certification Pg. 21 pg. N/A Digital file name: ceqa.pdf k71Digital ❑ Land Tenure documentation Pg. 21 Pg. N/A file names: ownership.pdf or nonownership.pdf Sub -Leases or Agreements P 24 g' P N/A g' Digital file name: otheragreements.pdf W Site Plan P 24 g' p N/A g' Digital file name: siteplan.pdf ✓0 GHG Emissions Reduction Pg. 24 Pg. N/A Worksheet (at completion) Digital file name: emissions.pdf Photos P 24 g' p N/A g' Digital file name: photos.pdf 11 0 State of California — The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Per Capita Project Application Form PROJECT NAME Heather Park Play Equipment Repiacment REQUESTED GRANT AMOUNT $ 192,723 PROJECT SITE NAME and PHYSICAL ADDRESS MATCH AMOUNT (if project is not serving where PROJECT is located including zip code a severely disadvantaged community) (substitute latitude and longitude where no street $ 48,181 address is available) LAND TENURE (RI all that apply) Heather Park - 3921 Iris Street, Seal Beach, CA 90740 Owned in fee simple by GRANTEE ❑Available (or will be available) under a ( ) year lease or easement NEAREST CROSS STREET Lampson Avenue and Heather Street Project Type (Check one) Acquisition 1:1 Development COUNTY OF PROJECT LOCATION Orange County GRANTEE NAME AND MAILING ADDRESS City of Seal Beach - 211 8th Street, Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION Name (typed or printed) and Title Email address Phone Jill Ingram, City Manager jingramgsealbeachca.gov (562) 431-2527 x1300 GRANT CONTACT -For administration Of grant (if different from AUTHORIZED REPRESENTATIVE) Name (typed or printed) and Title Email address Phone Iris Lee, Deputy Public Works Director ilee@sealbeachca.gov (562) 431-2527 x1322 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 Development PROJECT Scope/Cost Estimate Form or acquisition documentation. 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. SiWuraofAj.IZ EPRESENTATIVE aS ShOWn In ReSOIUtiOn Date Pram 12/31/2021 Title: City Manager 0 State of California —The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Development Project Scope/Cost Estimate Form I�yoEf Seal Beach PROJECTlme y Heaher arHeather Equipment mReplacement Development project scope (Describe the project in 30 words or less): ' Replacement of existing playground equipment and play surfacing fProject Scope Items - ❑ all that apply: Install new Renovate existing Replace existing Recreation Element $ 240,904.00 11 E] Pool, aquatic center, splash pad 0 El 11 Trails or walking paths F] F-1 Landscaping or irrigation ElGroup picnic, outdoor classrooms, other gathering spaces Play equipment, outdoor fitness equipment ElEl 1:1 Sports fields, sports courts, court lighting ER FI Community center, gym, other indoor facilities Restroom, concession stand 0 E Other: , El 0 ❑ Other: ❑ ❑ ❑ Minor elements which support one or more of the recreation elements checked above: benches, lighting, parking, signage, etc. PRE -CONSTRUCTION (Costs incurred prior to ground -breaking, such as design, permits, bid packages, CEQA); up to 25% of total PROJECT Cost. $30,000.00 Construction $ 210,904.00 Total PROJECT Cost $ 240,904.00 Subtract GRANTEE match if not in severely disadvantaged community (20% of total PROJECT Cost, see page 13) Less match -$ 48,181.00 Total GRANT amount requested $192,723.00 The GRANTEE understands that all elements listed on this form must be complete and open tip thebe re the final grant payment will be made. M"/1 n "n 12/31/2021 RIZED REPRESEI *TIVE Signature Date Jill Ingram, City Manager Print Name and Title 0 State of California — The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION Funding Sources Form GRANTEE: PROJECT Name City of Seal Beach Heather Park Play Equipment Replacement PROJECTS funded by the program are not complete until the PROJECT SCOPE is complete, and the PROJECT iS open to the public. PROJECTS Will: • Be entirely funded by the GRANT, or • Require funds in excess of the GRANT. If the PROJECT requires funds in excess of the GRANT, the SCOPE of the PROJECT may be either the SCOPE of the larger project, or a subset of the larger project. For example, if the PROJECT is $100,000 towards construction of a $500,000 park, the SCOPE can be the $500,000 park, or a $100,000 element of the park, such as a playground, that can be complete and open to the public. ❑ The PROJECT will be entirely funded by the GRANT, or ❑✓ The PROJECT requires funds in excess of the GRANT: ❑✓ The SCOPE is the same as the scope of the larger project, or ❑The SCOPE is a subset of a larger project, the scope of that larger project is: Larger project cost: $ 240,904 Anticipated completion date: 6/30/2024 List all funds that will be used. Submit revised Funding Sources form should funding sources be added or modified. Funding Source Date Committed Amount Per Capita/State of California July 1, 2018 $177,952 Urban County PC Funds July 1, 2018 $14,771 City of Seal Beach General Fund - Local Match _ June 14, 2021 $ 48,181 I represent and warrant that I have full authority to execute this Funding Sources Form on behalf of the GRANTEE. I declare under penalty of perjury, under the laws of the State of California, that this status report, and any accompanying documents, for the above- mentioned GRANT is true and correct to the best of my knowledge. l JOS , A ('T- (-'\An A/1 A ,.-,^ 12/3112021 D REPREST-NT*rIVE Signature Jill Ingram, City Manager Print Name and Title 20 Date This is the Per Capita Match Report for the site you have selected. Please review to ensure that the pin lies within the boundaries of an existing or proposed park, and submit to OGALS with your Project Application. PROJECT AREA STATISTICS County Orange Median Household Income $165,836 Agency Type Other Agency The community served does not qualify as Severely Disadvantaged. Match IS required. Park or Preserved Area M Disadvantaged Community Severely Disadvantaged Community No Data REPORT BACKGROUND The project statistics have been calculated based on half mile radius around the point location selected. Only park acres within the project area's half mile radius are reported. Population and people in poverty are calculated by determining the percent of any census block -groups that intersect with the project area. The project area is then assigned the sum of all the census block -group portions. An equal distribution in census block -groups is assumed. Rural areas are calculated at a census block level to improve results. Median household and per capita income are calculated as a weighted average of the census block- group values that fall within the project area. SCORP Community FactFinder is a service ofthe un) California Department of Parks and Recreation www.parks.ca.gov PROJECT AREA MAP ?n OMv, More information on the calculations is available on the methods page. Demographics—American Community Survey (ACS) 5 -year estimates 2014-2018; Decennial 2010 Census; the margin of error (MOE) was not analyzed. Parks—California Protected Areas Database 2020a CFF adjusted (6/2020) - more information at htto://www.CALands.or�. Parks and park acres area based, on best available source information but may not always contain exact boundaries or all parks in specific locations. Parks are defined further in the 2015 SCORP (pg. 4). Users can send updated information on parks to SCORP@parks.ca. ov SCORP Community FactFindercreated by Greenlnfo Network www.greeninfo.org Greeninfo Network in consultation with CA Dept. of Parks and Rec i. 0 State of California — The Natural Resources Agency DEPARTMENT OF PARKS AND RECREATION CEQA Compliance Certification GRANTEE: City of Seal Beach Project Name: Heather Park Play Equipment Replacement Project Address: Is CEQA complete?✓❑ Yes❑No Is completing CEQA a PROJECT SCOPE item? ❑✓ Yes[] No What document was filed, or is expected to be filed for this project's CEQA analysis: Date complete/expected to be completed ❑✓ Notice of Exemption (attach recorded copy if filed) 1/10/2022 ❑ Notice of Determination (attach recorded copy if filed) ❑ Other: If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach a letter from the Lead Agency explaining why, certifying the project has complied with CEQA and noting the date that the project was approved by the Lead Agency. Lead Agency Contact Information Agency Name: City of Seal Beach Contact Person: Iris Lee Mailing Address: 211 8th Street, Seal Beach, CA 90740 Phone: (5) 431-2527 x1322 Email: ilee@sealbeachca.gov Certification: I hereby certify that the above referenced Lead Agency has complied or will comply with the California Environmental Quality Act (CEQA) and that the project is described in adequate and sufficient detail to allow the project's construction or acquisition. I further certify that the CEQA analysis for this project encompasses all aspects of the work to be c eted with grant funds. A tl C�I lirv\ A "n 12/31/2021 RIZED REPRE-SENTAAIVE Signature Date Jill Ingram, City Manager Print Name and Title FOR OGALS USE ONLY CEQA Document I Date Received PO Initials ❑ NOE❑NOD State of California - Department of Fish and Wildlife 2022 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5a (REV. 01101/22) Previously DFG 753.5a SEEINSTRUCTIONSON REVERSE. TYPE OR PRINTCLEARLY. �Print StartOver Save RECEIPT NUMBER: 01 — 01/10/2022 —0004 STATE CLEARINGHOUSE NUMBER (if appftcable) LEADAGENCY LEADAGENCY EMAIL DATE CITY OF SEAL BEACH 01110/2022 COUNTYISTATE AGENCY OF FILING DOCUMENT NUMBER Select County/State Agency - 202285000006 PROJECTTITLE HEATHER PARK PLAY EQUIPMENT REPLACEMENT PROJECTAPPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER STEVE MYRTER, CITY OF SEAL BEACH (562)431-2527 PROJECTAPPLICANTADDRESS CITY STATE ZIP CODE 211 8TH STREET SEAL BEACH CA 90740 PROJECT APPLICANT (Check appropriate box) ❑ Local Public Agency ❑ School District (] Other Special District State Agency ❑ Private Entity CHECK APPLICABLE FEES: ❑ Environmental Impact Report (EIR) $3,539.25 $ 0.00 ❑ Mitigated/Negative Declaration (MND)(ND) $2,548.00 $ 0.00 ❑ Certified Regulatory Program (CRP) document- payment due directly to COFW $1,203.25 $ 0.00 El Exempt from fee Notice of Exemption (attach) ❑ CDFW No Effect Determination (attach) ❑ Fee previously paid (attach previously issued cash receipt copy) ❑ Water Right Application or Petition Fee (State Water Resources Control Board only) $850.00 $ ❑ County documentary handling fee $ ❑ Other $ PAYMENT METHOD: ❑ Cash ❑ Credit ❑ Check ❑ Other TOTAL RECEIVED $ SIUNATUKE JAGENCY OF FILING PRINTED NAME AND TITLE X DEPUTY CLERK, CLAUDIA FRANCO ORIGINAL -PROJECTAPPLICANT COPY-CDFW/ASB COPY -LEAD AGENCY COPY -COUNTY CLERK DFW753ZatRev.01012022) TO: City of Seal Beach, 211 8th Street Seal Beach, CA 90740 562-431-2527 NOTICE OF EXEMPTION Clerk -Recorder, County of Orange 601 N Ross Street Santa Ana, CA 92701 HEATHER PARK PLAY EQUIPMENT REPLACEMENT Project Title 3921 Iris Street Project Location -Specific City of Seal Beach County of Orange Project Location — City Project Location — County Replace existing park playground equipment and play surfacing t Desorption of Nature, Purpose, and Beneficiaries of Project City of Seal Beach, Public Works Department Name of Public Agency Approving Project iAN i 0 2 22 Steve Myrter, Director of Public Works, City of Seal Beach ORANGECOONTYCLEs. ECORDERDEPARTMENT .� Name of Person or Agency Carrying Out Project BY. DEPM The project is exempt from CEQA under the following authority: (Check One) i Ministerial (14 Cal. Code of Regs. §15268) 0 Declared Emergency (14 Cal. Code of Regs. §15269(a)) M Emergency Project (14 Cal. Code of Regs. §15269(b), (c), (d) & (e)). State subsection letter. Statutory Exemption. (14 Cal. Code of Regs. §§15260 et seq.) State statutory number: X Categorical Exemption. (14 Cal. Code of Regs. §§15300 et seq.) State class and section number: Section 15301, Class 1 and Section 15311 No possibility of physical impact. (14 Cal. Code of Regs. §15061(b)(3)) Replacement of existing accessory with negligible expansion. Reasons why project is exempt Iris Lee (562) 431-2527 x1322 Contact Person Area Code Telephone Extension Address: 211 Eighth Street Seal Beach, CA 90740 Date Received for Filing: - - Recorded in Official Records, Orange County 0 2©2 POSTED City Engineer Hugh Nguyen, Clerk -Recorder Title 1111111111111IIII111I1111111111111111111111111111111111111111111111111111 _ JAN 102022 *$ R 0 0 1 3 4 5 8 5 2 5$ ORANGE COUNTY CLERK -RE RDERDEPARTMENT 20228500000611:46 am 01/10/22 383 Vitindx Z01 NO FEE BY: DEPurY 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 Property Detail Report Page 1 of 2 Property Detail Report for: DIGITAL. MAPjear&pp1rg PRODUCTS 3921 IRIS ST, SEAL BEACH, CA, 90740 - Owner information: Owner Name: CITY OF SEAL BEACH Mailing Address: 211 8TH ST, SEAL BEACH, CA, 90740-6305 Vesting Code: Vesting Code Desc: Owner Type: Location Information: Building Area (SF): Legal Description: N TR 6415 BLK LOT 59 TR 6415 LOT 59 AND LOTS 60-70 INC County: ORANGE Parcel No. (APN): 217-161-17 FIPS Code: 06059 Alternative APN: Census Trct/Blk: 110012/2 Legal Book/Page: Twnshp-Rnge-Sect: -- Map Ref: Legal Land Lot: 59 School District: Legal Block: Subdivison: Last Market Sale Information: Recording Date: Sale Date: Sale Price: Price Per SF: Price Per Acre: Deed Type: Sale Type: Title Company: Lender: Seller Name: New Construction: 1st Mtg Amount: 1st Mtg Type: 1 st Mtg Doc No: Sale Doc No: Transfer Doc No: Last Transfer of Ownership: Recording Date: Book Number: Document Number: Page Number: Doc. Type: Prior Sale Information: Recording Date: Sale Date: Sale Price: Sale Doc. No.: Seller Name: Title Company: Lender: Sale Type: Transfer Doc. No.: New Construction: Property Characteristics: Building Area (SF): Total Rooms: No. of Units Bedrooms: No. of Stories: Bathrooms: Yr Built/Effective: / Basement: Condition: Basement Area (SF): Construction: Heat Type: Roof Type: 100660192_215448811 Air Cond Type: Roof Material: Fireplace: Parking Spaces: 0 Site Information: https://dc l .spatialstream.com/GetByKey.aspx?dataSource=S S.Prop.PropertyDetaillProperty... 1/7/2022 Property Detail Report Page 2 of 2 Zoning: Assessor Acreage: 1.6 County Use Code: 8 Calculated Acreage: 1.596 County Use Code Desc: WHOLLY EXEMPT Assessed Lot SF: 69,521 Land Use Code: 9000 Calculated Lot SF: 69,522 Land Use Desc: EXEMPT (FULL OR PARTIAL) Assessor Lot W/D: 1 Land Use Category: EXEMPT, GOVERNMENT AND HISTORICAL Topography: Tax and Value Information: Assessed Year: 2021 Market Value Tax Year: Year: Total Assd. Value: $413,553 Land Market Value: Tax Rate Code: 12-006 Land Value: $343,856 Market Imprv. Value: Property Tax: Improvement $69,697 Total Market Tax Exemption: TAX' EXEMPT Value: Value: Improvement %: 16.85% AVM Value: Hazard Information: Flood Zone: Wetland Type: Flood Panel: 06037C2000F Wetland Classification: Flood Panel Date: 09126/2008 https://dc l .spatialstream.com/GetByKey.aspx?dataSource=SS.Prop.PropertyDetail/Property... 1./7/2022 z 3nN3A V ; O SI 43073 0 p w 3nN3i1 V r 10-ov 0 Q a � j 0 1 I ° O r � u 2 W Qw° Q N N M N 0 A b ) O 317ro3ne dry x j Lu �0 �0�00000000 Q d N Zf sv 8f �d m0 Z' 0 '.�', • �' CNS � ^) Ch "� NN b • tp Vf � I �p �,� ♦ F� N N .lf N�nn N N ti °j m N73ZVH y S tlL D � � V �j 060- 0 00 .J�ZY .ts OOOMNONI r9 os�w es a ..o ti 0 0 1 � p -7nN3n d rr/I dns C O}k ° COa �v It 1VOSdWd7 .m i 80000 00080 ti h 317N-7AV C $ ug � � n � s 317N3AVJJ COOMN0611 h ti W Jf^ C 11 QCC 7 , S1 A O $/' p w 3nN3i1 V r 10-ov 0 Q a � j 0 1 I ° O r � u 2 W Qw° Q N N M N O 317ro3ne dry x j Lu �0 Q d N sv m0 Z' 0 '.�', • �' CNS � ^) Ch "� NN b • tp Vf � I �p �,� ♦ F� N N1nei ,QS N73ZVH y S tlL D � � V �j 060- 0 00 OOOMNONI os�w es a ..o ti 0 0 BO C O}k ° COa �v \ 1VOSdWd7 .m i Li a .K c 7S Iris St Iris St Iris St N a remove . • $ � N replace• play '• • • • play surfacing Qj '16, � 2 s' �^ ieaH Heather St Heather St Heather St �N >#lei vlril�w��,�ii,,c•_—a-� I I Ijl s j II 7IL ��yOw I�ft1' 1 lkC .., Jdil� a