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HomeMy WebLinkAboutAGMT - California Rivers & Mountains Conservancy (RMC 03239) Q.> Agreement Number: RMC 03239 25/p26 3 /6P.5-1 GRANT AGREEMENT RIVERS AND MOUNTAINS CONSERVANCY State of California — The Resources Agency GRANTEE 1 City of Seal Beach PROJECT TITLE City of Seal Beach San Gabriel River Bikeway and Staging Area Improvement PERFORMANCE PERIOD September 23 2003 ; through , September 23, 2005 Under the terms and conditions of this Contract, the Grantee agrees to complete the Project as described in the project description, and the State of California, through its' Executive Officer of the Rivers and Mountains Conservancy pursuant to the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002 (Proposition 40), agrees to fund the Project up to the Grant Amount. PROJECT DESCRIPTION See project description on the first page of the Grant Agreement. Project is to be carried out in conformance with the task and timeline attached as Exhibit A, the budget attached as Exhibit B, and the Monitoring and Assessment Plan attached as Exhibit C (hereinafter referred to as the "Work Plan ") and all Contract provisions as stated herein. TOTAL GRANT AMOUNT NOT TO EXCEED $150,000 The General and Special Provision attached are made a part of and incorporated into the Contract. City of Seal Beach STATE OF CALIFORNIA RIVERS AND MOUNTAINS CONSERVANCY 211 8' Str• • 900 South Fremont Avenue, Annex, 2 Floor Seal B-. •.- 91 40 Alhambra, CA 91802 By .. - � By '-&- 4)115U,.Gc,R-ur Tit • City rYl /1 N hag. i Executive Officer Date • /f- 26 -03 Date : /i./5/63 C RTIFICATION OF FUNDING (FOR STATE USE ONLY) AMOUNT OF GRANT AGREEMENT NUMBER ! FUND — 6029 $150,000 RMCO3239 California Clean Water, Clean Air, Safe ADJ. INCREASING ENCUMBERANCE APPROPRIATION Neighborhood Parks, and Coastal Protection Bond Act ADJ. DECREASING ENCUMBERANCE FUNCTION TOTAL GRANT AMOUNT LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL . $150,000 3825-301-6029 left2 YEAR / ,9. 03/04 T.B.A NO. B.R. NO. INDEX OBJ. PCA PROJECT /WORK L120 I EXPEND I PHASE 418 30 / . I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance SIGNATURE OF ACCOUNTING OFFICER 1 DATE 1 /a / 03 / ' Page l of 12 • • Agreement Number: RMC 03239 STATE OF CALIFORNIA RIVERS AND MOUNTAINS CONSERVANCY GRANT AGREEMENT PROJECT DECRIPTION: RMC funding will help improve the San Gabriel River Trail as it makes its way to the beach, and allow for improved access and passive recreational activities. This project scored strongly in the Urban, Recreational, and Open Space Factors of our Project Evaluation Criteria. There is an opportunity to include some native vegetation along the trail, and remove non - native plant species. The trail improvement project will enhance the last reach before the river trail ends at - the beach. Currently at the River's End staging area there is a restaurant, restrooms and a parking lot. The plan to improve the River's End staging area includes additional signage, restrooms, and a redesign of the parking lot to accommodate a bicycle storage area and habitat restoration. The redesign on the River's End parking lot could also include the restoration of a sand dune located adjacent to the existing lot. TERMS AND CONDITIONS OF GRANT The Grantee shall be responsible for the performance of the work as set forth herein below and for the preparation of products and reports as specified in this Contract. The Grantee's Project Representative shall promptly notify the State of events or proposed changes that could affect the Work Plan under this Contract. Special Provisions 1. Grantee shall agree to submit for approval a Work Plan, attached as Exhibit A and Exhibit B, and a Monitoring and Assessment Plan, attached as Exhibit C, within 90 days of Contract execution. 2. If the Project includes acquisition of real property: a. As conditions precedent to the State's obligation to deposit the Grant Amount in escrow, the Grantee shall submit to the State an appraisal for review and approval in writing by the Department of General Services of all documents pertaining to the Real Property appraisals and property transaction, and provided copies to the State. The Grantee shall be required to establish a billing account with the Department of General Services for this purpose. b. A Memorandum of Unrecorded Grant Agreement, attached as Exhibit D, must be recorded by the Grantee to provide notice of this agreement between the Grantee and the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. 3. If the Project includes development, landscaping and /or planting: a. The Grantee shall include a representative of the State on the selection panel for contracted services. b. The Grantee shall submit a Project Development Plan, attached as Exhibit E, in accordance with RMC General Policies, attached as Exhibit F, to the State for approval prior to the solicitation of a subcontractor or awarding of a bid for services. 4. Grantee agrees to certify that the Project is consistent with local zoning. Page 2 of 12 • • Agreement Number: RMC 03239 5. Grantee agrees to consult with, and be consistent with, local or regional planning criteria approved by agencies within the project jurisdiction, such as master plans or watershed management plans unless such plans are inconsistent with the approved Work Plan. 6. Grantee agrees to include active stakeholder participation in the planning and monitoring and assessnient process. 7. Rights in Data: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Contract are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Grantee, the State reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do so. (40 CFR 31.34, 31.36) General Provisions A. Definitions I. The term "Act" as used herein means the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002. 2. The term "CEQA" as used herein means the California Environmental Quality Act, Public Resources Code Section 21000 et. seq.; Title 14, California Code of Regulations Section 15000 et. seq. 3. The term "Contract" as used herein means a grant agreement between the State and Grantee specifying the payment of Grant Amount by the State for the performance of Work Plan within the Project Performance Period by the Grantee. 4. The term "Grantee" as used herein means the party described as the Grantee on page 1 of this Contract. 5. The term "Grant Amount" as used herein means funds derived from the sale of bonds authorized by the Act. 6. The term "Project" as used herein means the project described on page 1 of this Contract. 7. The term "Project Performance Period" as used herein means the period of time that the Grant Amount are available, and the time in which the Project must be complete, billed and paid as described on page 1 of this Contract. 8. The term "Project Representative" as used herein means the person authorized by the Grantee to be responsible for the Project and is capable of making daily management decisions. • Page 3 of 12 • • Agreement Number: RMC 03239 9. The term "State" as used herein means the Rivers and Mountains Conservancy. B. Project Execution 1. Grantee agrees to complete the Project in accordance with the time of Project Performance Period, and under the terms and conditions of this Contract. Extensions may be requested at least 90 days in advance of the date of termination and will be considered in the event of circumstances beyond the control of the Grantee, but in no event subsequent to the end of the Project Performance Period as identified in the Work Plan as the Project's date of completion. 2. Grantee shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq.). 3. If the Project includes acquisition of real property, the property must be acquired from a willing seller and for no more than the appraised fair market value approved by Department of General Services. The Grantee agrees to comply with all applicable state (Chapter 16, Section 7260, Government Code) and local laws or ordinances effecting relocation and real property acquisition. Documentation of such compliance must be submitted to the State. 4. If the Project includes development, the Grantee shall comply with all applicable current laws and regulations affecting development projects, including, but not limited to, laws affecting health and safety, hazardous materials, historical preservation, environmental impacts, building standards, and the like. Documentation of such compliance will be made available for review upon request by the State. 5. Grantee agrees to periodic site visits by the State to determine if development work in accordance with the approved Work Plan including a final inspection upon Project completion. 6. Grantee agrees to submit in writing any deviation from the attached Work Plan to the State for approval prior to implementation of changes. Changes in Work Plan must be approved by the State and must meet the exact need described in the original project application. 7. Grantee agrees to provide reasonable public access to lands acquired in fee with Grant Amount except where that access may interfere with habitat protection. 8. Grantee agrees to post signs acknowledging the source of funds consistent with the attached signage guidelines attached as Exhibit G. C. Project Costs Subject to the availability of Grant Amount in the Act, the State hereby grants to the Grantee a sum of money (Grant Amount) not to exceed the amount stated on page 1 of this Contract in consideration of and on condition that the sum be expended in carrying out the purpose as set forth in the Work Plan and under the terms and conditions set forth in this Contract. Grantee agrees to assume any obligation to furnish any additional funds Page 4 of 12 • • Agreement Number: RMC 03239 that may be necessary to complete the Project. All costs accrued for services or supplies prior to the execution of Contract are not eligible for reimbursement. Eligible and Ineligible costs include, but are not limited to, items described in Exhibit H. The Grant Amount to be provided to the Grantee, under this Contract, may be disbursed as follows: 1. For acquisition projects: The State shall disperse up to 100% of the purchase price and costs of acquisition approved by Department of General Services when an escrow is opened. 2. For development projects: The State may reimburse the Grantee the Grant Amount upon submission of a payment request consistent with the Work Plan of this Contract. 3. Preliminary costs, including planning, plan documentation, designs, appraisals and negotiations, permit costs, consultant costs, and other similar costs, are expenditures subject to maximum 20% (including indirect and overhead costs) of the Grant Amount for Grant Amounts over $100,000 dollars. 4. Indirect and overhead costs shall not exceed 10% of the Grant Amount 5. Subject to prior review and approval of the State, line item shifts if up to $100,000 or ten percent of the annual contract total, whichever is less, may be made during the grant performance period. Line item shifts may be proposed /requested by the Grantee in writing and must not increase or decrease the total contract Grant Amount. D. Payment Documentation 1. All payment requests must be submitted to the Grantee using a completed Payment Request Form, attached as Exhibit I. This form must be accompanied by an itemized list of all charges documenting check numbers, amounts, dates, recipients, purpose of expenditures, and clearly identify charges to Work Plan tasks and elements. Any payment request that is submitted without the itemization will not be authorized. If the itemization or documentation is incomplete, inadequate or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor because of delays in payment will be paid by the Grantee and is not reimbursable under this Contract. A Report of Alternate Funding Source Expenditures, attached as Exhibit J, should be submitted to the State with each Payment Request. 2. Grantee shall submit all documentation for Project completion and final reimbursement within 90 days of Project completion, but no later than the end of the Project Performance Period as shown on the signature page. 3. Payments shall be on the basis of costs incurred, less 10% to be withheld from all invoiced amounts. Page 5 of 12 • • Agreement Number: RMC 03239 4. Advance payment for the Project is not allowed. The State, at its sole discretion, may honor advance payment requests, if warranted by a documented compelling need. A Payment Request Form, including all cost estimates for services, equipment and supplies to support the advanced amount requested, should accompany this document. 5. If Grant Amount is advanced, the Grantee shall place these Funds in a separate interest bearing account, setting up and identifying such account prior to the advance. Interest earned on Grant Amount shall be used solely on the Project, as approved by the State. Unless spent on approved costs, the Grant Amount shall be reduced by the amount of the interest earned. 6. Any overpayment of Grant Amount in excess of final project costs shall be returned to the State within 60 days of completion of the Project or the end of the Project Performance Period as shown on the signature page, whichever is earlier. E. Project Administration I. Grantee agrees to provide all technical and administrative services as needed for Contract completion; monitor and review all work performed; and coordinate budgeting and scheduling to assure that the Contract is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations. 2. Grantee ensures that the Contract requirements are met through completion of Quarterly Progress Reports, attached as Exhibit K, and Quarterly Expenditure Projection Reports, attached as Exhibit L, submitted to the State in accordance with the Work Plan and through regular communication with the State. The State reserves the right to require reports more frequently than on a quarterly basis if necessary, but no more than once a month. a. The quarterly progress reports shall describe activities undertaken and accomplishments of each task during the quarter, milestones achieved, and any problems encountered in the performance of the work under this Contract. The description of activities and accomplishments of each task shall be in sufficient detail to provide a basis for payment of invoices and shall be translated into percent of task work completed for the purpose of calculating invoice amounts. Progress reports should directly address tasks, timelines, deliverables, milestones and associated costs scheduled in Exhibit A, Exhibit B and Exhibit C. b. The quarterly expenditure projection report should reflect tasks and deliverables in the quarterly progress report, including the projected costs associated with completion of remaining tasks. The sum of all quarterly expenditure projection reports should equal that of approved Grant Amount. If at any point the Grantee exceeds the budgeted amount for completion of a task, the State will notify the Grantee of their responsibility to complete the task with an alternate source of funds. 3. Disclosure Requirements - include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to Page 6 of 12 • • Agreement Number: RMC 03239 this Contract: "Funding for this project has been provided in full or in part through a Contract with the Rivers and Mountains Conservancy (RMC) pursuant to the California Clean Water, Clean Air, Safe Neighborhoods, and Coastal Protection Bond Act of 2002 (Proposition 40). The contents of this document do not necessarily reflect the views and policies of the RMC, nor does mention of trade names or commercial products constitute endorsement or recommendation of use." Grantee shall include in each of its subcontracts for work under this Contract a provision that incorporates the requirements stated within this subtask. 4. Grantee shall notify the State at least ten (10) working days prior to any public or media event publicizing the accomplishments and/or results of this Contract and provide the opportunity for attendance and participation by RMC representatives. 5. Grantee must complete a one -page contract summary form, attached as Exhibit M, within three months of the Contract execution. 6. Grantee must document steps taken in soliciting and awarding the subcontractors and submit them to the State for review and document all subcontractor activities in quarterly reports. 7. At the completion of this Project and prior to final payment, the Grantee Project Representative shall fill out and provide a project certification form to the State, attached as Exhibit N. 8. Grantee agrees to promptly submit reports as the State has requested in this Contract or may request during the life of this Contract. Grantee shall provide the State a Project Costs Summary Form, attached as Exhibit 0, a Labor Cost Summary Form, attached as Exhibit P, and an Equipment Costs Summary Form,' attached as Exhibit Q, showing total final Project expenditures. 9. Grantee agrees that property and facilities acquired or developed pursuant to this Contract shall be available for inspection upon request by the State. F. Project Withdrawal 1. If a Grantee wished to withdraw a Project, Grantee shall notify the State in writing. 2. In the event an approved project cannot be completed, and if Grant Amount were advanced, those funds, plus any accrued interest, must be returned to the State. 3. If funds will be used for the CEQA/NEPA process and the Grantee has made a full -faith effort to complete CEQA/NEPA, but is unable to complete the CEQA/NEPA process or otherwise proceed with the Project due to issues related to the CEQA/NEPA process, costs incurred by the Grantee that are directly related to the CEQA/NEPA process can be applied up to the limit of 20% of the total original grant. Page 7 of 12 Agreement Number: RMC 03239 G. Project Termination 1. Grantee may unilaterally rescind this Contract at any time prior to the commencement of the Project. After Project commencement this Contract may be rescinded, modified or amended by mutual agreement in writing. 2. Failure by the Grantee to comply with the terms of this Contract or any other Contract under the Act may be cause for suspension of all obligations of the State hereunder. 3. Failure of the Grantee to comply with the terms of this Contract shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Grantee. 4. In such case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this , Contract. 5. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Contract, is the preservation, protection and net increase in the quantity and quality of parks, public recreation facilities and /or historical resources available to the people of the State of California and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant Amount under the provisions of this Contract, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Amount disbursed under this Contract by the State would be inadequate compensation to the State for any breach by the Grantee of this Contract. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Contract shall be the specific performance of this Contract. 6. Grantee and State agree that if the Project includes development, final payment may not be made until the Project conforms substantially to this Contract and is a useable facility. H. Loss of Grant Amount The following actions may result in a loss or part of all Grant Amount allocated to the Grantee. 1. A Grantee fails to return a signed Contract with the RMC within 60 days of receipt of the Contract. 2. A Grantee fails to produce a Work Plan for approval by the State within 90 days of signing a Contract with the State. 3. A Grantee fails to produce a Work Plan that is consistent with Common Ground, Phase II Final Report and /or is inconsistent with the California Clean Water, Clean Air, Safe Neighborhoods, and Coastal Protection Bond Act of 2002 and the intent of State's objectives as stated in authoring statute (Public Resources Page 8 of 12 Agreement Number: RMC 0323• • Code, Sections 32600- 32621). 4. A Grantee withdraws the Project. 5. A Grantee fails to compete the Project and/or fails to submit all documentation before June 30, 2007. I. Hold Harmless I. Grantee agrees to 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 State, its officers, agents, and employees. 2. Grantee agrees to indemnify, hold harmless and defend State, its officers, agents and employees against any and all claims demands, damages, costs, expenses or liability costs arising out of the acquisition, development, construction, operation or maintenance of the property described as the Project which claims, demands, or causes of action arise under Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of State, its, officers, agents or employees. 3. Grantee agrees that in the event State is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify State of such fact and shall represent State in the legal action unless State undertakes to represent itself as codefendant in such legal action in which event shall bear its own litigation costs, expenses, and attorney's fees. 4. Grantee and State agree in the event of judgment entered against the State and Grantee because of the concurrent negligence of the State and Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request ajury apportionment. 5. Grantee agrees to 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. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. J. Financial Records 1. Grantee agrees to maintain satisfactory financial accounts, documents and records for the Project and to make them available to the State for auditing at reasonable times. Grantee also agrees to retain such financial accounts, documents and records for three years following ,Project termination or completion. 2. Grantee and State agree that during regular office hours each of the parties hereto and their duly authorized representative shall have the right to inspect and make Page 9 of 12 Agreement Number: RMC 03239 copies of any books, records or reports of the other party pertaining to this Contract or matters related thereto. Grantee agrees to 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. 3. - Grantee agrees to use a generally accepted accounting system. K: Audit 1. Projects are subject to audit by the State for three years following the final payment of Grant Amount. The purpose of this audit is to verify that project expenditures were properly documented. Grantees will be contacted at least 30 days in advance of an audit. 2. Audit will include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the State authorized Grant Amount. The Grantee shall have the Project records, including the sources documents and cancelled warrants, readily available to the State. 3. The Grantee must also provide an employee having knowledge of the Project and the accounting procedure or system to assist the State's auditor. The Grantee • shall provide a copy of any document, paper, record, or the like requested by the State. 4. All Project records must be retained for at least one year following an audit or final disputed audit findings. L. Use of Facilities 1. Grantee agrees that the Grantee shall use the property acquired or developed with Grant Amount under this Contract only for the purpose for which the Grant Amount were requested and no other use of the area shall be permitted except by specific act of the Legislature. 2. Grantee must certify to the State that the Grantee has adequate control of, and tenure to, properties to be improved under this Contract. Adequate controls include, but are not limited to ownership, lease, easement, joint - powers agreement, or other long -term interest in the property, or have a satisfactory contract with the legal owner /administering agency. 3. Grantee must certify that the property will remain available for compatible public use. 4. Grantee shall not use or allow the use of any portion of the real property for mitigation or to compensate for adverse changes to the environment elsewhere. 5. Grantee agrees to maintain, operate and use the property funded pursuant to this Act for a period of at least 20 years for a Contract up to $1,000,000 or at least 25 years for a Contract over $1,000,000. For urban stream restoration projects, alternate maintenance and operation periods may be negotiated, as appropriate for individual projects. With the approval of the State, the Grantee or its Page 10 of 12 • • Agreement Number: RMC 03239 successor in interest in the property may transfer the responsibility to maintain and operate the property in accordance with this requirement. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the state for good cause. "Good Cause" includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild. A lease or other short-term agreement cannot be revocable at will by the lessor. 6. Grantee shall use the property for the purposes for which the Contract was made and shall make no other use or sale or other disposition of the property, except as consistent with the Act and authorized by the State. This Contract shall not prevent the transfer pf the property from the Grantee to a public agency, if the successor public agency assumes the obligations imposed by this Contract. If the use of the property is changed to a use that is not permitted by the Act, or if the property is sold or otherwise disposed of, an amount equal to (1) the amount of the Contract, (2) the fair market value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, shall be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded by the Contract, an amount equal to either the proceeds from the sale or other disposition of the interest or the fair market value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State. . M. Nondiscrimination 1. The Grantee shall not discriminate against any person on the basis of sex, race, color, national region, age, religion, ancestry, or physical handicap in the use of any property or facility acquired or 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 resident and pursuant to law. (Belinda has comments). 3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this Contract. N. Application Incorporation The Application and any subsequent change or addition approved in writing by the State is hereby incorporated in this Contract as though set forth in full in this Contract. 0. 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 provisions of this Contract are severable. P. Waiver Page 11 of 12 • • Agreement Number: RMC 03239 No terms or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. Q. Assignment Without the written consent of the RMC, this Contract is not assignable by the Grantee either in whole or in part. • Page 12 of 12 Exhibit A Tasklist & Timeline IMPORTANT NOTE: The grantee cannot commence work on this project before the workplan is approved by the project manager. Therefore, any work performed prior to approval of the workplan will not be reimbursed. The workplan is comprised of the tasklist, timeline, budget and monitoring and assessment and project development plans. The tasklist must be consistent with the document submitted during the competitive grant program. Specifically, the tasklist includes a delineation of all deliverables and the tasks associated with the development of the deliverables. Each task should be sequenced in a logical order and be clearly associated with the budget. Tasks should have a clearly defined completion date. The tasklist and timeline for the project should include monitoring and assessment tasks, quarterly progress reports, quarterly expenditure projection reports and all other reports referred to in this Contract. This document must be submitted to the project manager within 90 days of Contract execution. • • Exhibit B • Budget IMPORTANT NOTE: The grantee cannot commence work on this project before the workplan is approved by the project manager. Therefore, any work performed prior to approval of the workplan will not be reimbursed. The workplan is comprised of the tasklist, timeline, budget and monitoring and assessment and project development plans. • The project budget will be used throughout the remainder of the project to track project expenses and measure the money actually spent on the project activities against estimates provided by the Grantee. Direct and indirect costs should be included and each line item should correlate with the project tasklist and timeline. This document must be submitted to the project manager within 90 days of Contract execution. • • Exhibit C Monitoring and Assessment Plan IMPORTANT NOTE: The grantee cannot commence work on this project before the workplan is approved by the project manager. Therefore, any work performed prior to approval of the workplan will not be reimbursed. The workplan is comprised of the tasklist, timeline, budget and monitoring and assessment and project development plans. A Monitoring and Assessment Plan must be provided as a means to evaluate the success of the proposed action or improvement, and monitoring progress towards meeting project goals. The standards for monitoring each project approved for funding will be developed in concert with the State. This document must be submitted to the project manager within 90 days of Contract execution. • • • Exhibit D Memorandum of Unrecorded Grant Agreement State of California ) Rivers and Mountains Conservancy ) Belinda Faustinos ) 900 South Fremont Avenue ) 2nd Floor Annex ) Alhambra, CA 91802 ) Space above this line for Recorder's use MEMORANDUM OF UNRECORDED GRANT AGREEMENT This Memorandum of Unrecorded Grant Agreement (Memorandum), dated as of , 2003, is recorded to provide notice of an agreement between the State of California, by and through the Rivers and Mountains Conservancy ("State") and ("Grantee"). RECITALS A. On or about , State and Grantee • entered into a certain Grant Agreement, Grant No. ("Contract"), pursuant to which the State granted to Grantee certain funds for the acquisition of certain real property, more particularly described in attached • Exhibit A and incorporated by reference (the "Real Property"). B. Under the terms of the Contract, the State reserved certain rights with respect to the Real Property. C. Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain State reserved rights under the Contract. NOTICE 1. Said Real Property (including any portion of it or any interest in it) must be used for the purposes of expanding or establishing open space for passive natural and passive recreational uses and other compatible public uses constant with the description of the purpose of the acquisition in the Contract. 2. Said Real Property shall be maintained and operated under this program for a period of at least 20 years for grants up to $1,000,000 and at least 25 years for grants over$1,000,000. 3. Said Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Rivers and Mountains Conservancy, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Contract was awarded are maintained. • • • 4. Said Real Property (including any portion of it or any interest in it) may not be used as security for any debt or for mitigation without the written approval of the State of California, acting through the Rivers and Mountains Conservancy, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Contract was awarded are maintained. 5. For additional terms and conditions of the Contract, reference should be made to the Grant Agreement, which is on file with the Rivers and Mountains Conservancy, 900 South Fremont Avenue, 2nd Floor Annex, Alhambra, California 91802. GRANTEE: By: Title: • • Exhibit E Project Development Plan The RMC expects to be continuously involved in all stages of Projects which include planning and/or development including approval of any bid or proposal document scopes prior to selecting contractors and/or consultants, involvement in the selection of contractors/consultants, and approval of any plans and technical details prior to the work being executed. Below is a list of details the RMC will need to review and approve prior to their implementation. The purpose of these procedures is to ensure that the ultimate development project will conform to our mission and goals. Planting/Landscaping Plan Component In order to adequately evaluate the project proposal please provide text as well as budget estimates that provide RMC staff sufficient detail to evaluate the ecological details of the planting/landscaping plan. The text description should provide scientific rationale for the chosen native plant palette, grouping, structure, choice of vegetation communities and how they are consistent with the overall project goals. Details including slope aspect, soils, hydrology, elevation, etc., should be considered in deciding upon a plant palette. 1. Location of all plant materials, a legend with botanical and common names, and size of plant materials; 2. Existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements; 3. Existing trees and plant materials to be removed or retained; 4. Designation of hydrology-zones. Hydro-zones are defined as a portion of the landscaped area having plants with similar water needs, areas with similar microclimate (i.e., slope, aspect, exposure, wind, etc.), and soil conditions, and areas that will be similarly irrigated. A hydro-zone can be served by one irrigation valve, or a set of valves with the same schedule; 5. Details and specifications for tree staking, planting details, soil preparation, irrigation requirements (amount and frequency) Grading and Drainage Plan Component 1. Grading Plan (showing property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas, drainage features and other site improvements; 2. Existing and finished contour lines and spot elevations as necessary for the proposed site improvements (if applicable given scope of project); 3. Schematic cross sections showing site micro-topography and best management practices (does not have to be to scale) Irrigation Plan Component 1. Layout of the irrigation system and a legend summarizing the type and size of all components of the system, including the manufacturer name and model numbers; 2. Installation details for irrigation components. • • • Exhibit F RMC General Policies The Project Development Plan (PDP) is a technical "living" document that will enable the RMC to track grant projects to ensure our mission and goals are reflected in each project. In developing the PDP, the following guiding principles must be incorporated for consistency with RMC policies; • Grantees shall exclude the use of invasive plants, as listed in the document "Exotic Pest Plants of Greatest Ecological Concern in California" (www.rmc.ca.gov) in their planting palette. Furthermore, any invasive species from this list that currently exist on the project site must be removed as part of the landscaping plan (phased removal is acceptable). • Grantees shall utilize native, indigenous plants, locally propagated to the extent possible, in their planting palette except under written authorization from RMC. A basic (but by all means not all inclusive) list of native, locally available indigenous plants is available on our website to help develop a plant palette (www.rmc.ca.gov) • If the project involves a trail system, the guiding principles in "Planning Trails with Wildlife in Mind' available on the RMC website (www.rmc.ca.gov) must be utilized in the trail design. •. Grantee will use porous materials, and/or recycled paving materials instead of impervious paving materials for portions of their projects requiring pavement (i.e., parking lots, trails, etc.) unless prohibited by local building codes. • If lighting elements are required as part of the project Workplan, environmentally sensitive, directional lighting must be used to minimize any impact to wildlife. Care should also be taken to control the number hours lighting is needed. • Use of sustainable energy sources, such as solar or wind power is encouraged for appropriate tasks in the Workplan. • The use of recycled materials for fencing, benches, signage, etc., must be • considered to further our mission of sustainable development. • Any irrigation,installed on the project site as part of the Workplan must be a water efficient irrigation system. In projects where turf is to be installed, both a rain sensor and a soil moisture meter are required to ensure water efficient irrigation practices. A rain sensor will halt irrigation on days it is raining, eliminating excessive water runoff. A soil moisture meter will automatically shut off irrigation when the root zone of the turf becomes saturated, preventing excessive irrigation runoff. • The use of appropriate storm water best management practices (BMPs) must be utilized on the project site. In areas where grading, vegetation clearing, or planting occur, BMPs must be utilized to control excessive erosion while vegetation becomes established (see http://www.cabmphandbooks.com for more information). ■ • • Exhibit G Signage Guidelines Authority All Projects funded by RMC under Proposition 40, the Clean Water, Clean Air, Safe Neighborhood Parks, and Coast Protection Bond Act of 2002, must include a posted sign acknowledging the source of the funds. Purpose Installation of signs at all Project sites is intended to acknowledge the public's support of the 2002 Resources Bond and promote the benefits provided by Bond fund assistance. Types of Signs 1. Signs posted during construction (required for specific situations) For Projects funded with RMC 2002 Bond Act funds in excess of $750,000 and/or those Project in areas of high visibility (such as near a major thoroughfare) a sign is required during construction. Recommended minimum size of sign: 4 feet x 8 feet 2. Signs Posted Upon Completion (required for all Projects) All Grantees are required to post a sign at the Project site. The sign must be available for the final inspection of the Project. All signs must include the universal logo (see information on the logo below). There is no minimum or maximum size for the sign (other than the minimum size for the logo) as long as the sign contains the required wording (see below). Language for Sign All signs will contain the minimum language below: (Project Name) Another Project to Improve California Funded by the Rivers and Mountains Conservancy LOGO California Clean Water, Clean Air, Safe Neighborhoods, and Coastal Protection Bond Act of 2002 Mary Nichols, Secretary for Resources Gray Davis, Governor • • The name of the local agency or other governing body may also be added. The sign may also include the names (and/or logos) of other partners, organizations, individuals and elected representatives as deemed appropriate by those involved in the Project. Universal Logo All signs will contain the RMC logo. The logo will be on a template, available on line at http://www.rmc.ca.gov. The Project manager can also provide the logo on disk. • The logo must be mounted in an area to maximize visibility and durability. • The logo must be a minimum of 2'x2'. Exceptions are permitted in the case of trails, historical sites and other areas where these dimensions may not be appropriate. Sign Construction All materials used shall be durable and resistant to the elements and graffiti. The California Department of Parks and Recreation and California Department of Transportation standards can be used as a guide for gauge of metal, quality of paints used, mounting specifications, etc. Sign Duration The goal is to have Project signs in place for a lengthy period of time, preferably a minimum of two years for all Projects and four years for Projects over $750,000. Sign Cost The cost of the sign(s) is an eligible Project cost. More permanent signage is also encouraged; e.g., bronze memorials mounted in stone at trailheads, on refurbished historical monuments and buildings, etc. Appropriateness of Signs For Projects where the required sign may be out of place (such as some cultural and historic monuments and buildings or where affected by local sign ordinances), the Project Manager in consultation with the Applicant may authorize a sign that is appropriate to the Project in question. Alternate signage must be clearly recognizable as a RMC 2002 Bond Project. Archaeological sites are excluded from the sign requirement. Signs on State Highways Signs placed within the state highway right-of-way may require a Caltrans encroachment permit. Contact the local Caltrans District Office early in the planning phases for more information. Further Questions The Grantee should consult with the Project Manager to resolve any sign issues. The logo is currently being developed and will be provided as soon as possible. • • Exhibit H Eligible & Ineligible Costs Eligible Costs All eligible costs must be supported by appropriate documentation. COSTS EXPLANATION EXAMPLES Preliminary Costs • Costs incurred after a Contract with RMC has been fully • CEQA compliance (not to exceed 20%of executed, including planning, plan documentation, designs, • Construction plans grant total) appraisals and negotiations, permit costs, consultant costs • Permits/Appraisals • Expenditure subject to maximum of 20%of total grant • Acquisition documents, etc. Personnel or • Must be computed according to the Grantee's prevailing wage • Wages and benefits Employee Services or salary scales • Work performed by another • Must be computed on actual time spent on Project section/department in agency • Must not exceed the Grantee's established rates for similar positions Consultant Services • Costs paid to consultants necessary for the Project • Costs paid to consultants • Consultants must be paid in compliance with the Grantee's necessary for the Project customary method and rate • No consultant fee shall be paid to the Grantee's own employees without prior approval Construction • All necessary construction activities • Site preparation, grading • Construction management • Facility development • Inspection and construction management Construction • The Grantee may only charge the cost of the actual use of the • Rental equipment Equipment equipment during the time it is being used for Project purposes • Leased equipment • The Grantee may use the California Department of • Purchased equipment Transportation's equipment rental rates as a guide • The Grantee shall prorate the value of the purchased equipment toward the Project based on hours of usage • The equipment use charges must be made in accordance with the Grantee's normal accounting practices • The Grantee must describe the work performed,the hours used, and related use to Project Fixed Equipment • Equipment permanently fixed to Project facility • Fixed resting areas/benches Construction Tools/ • May be purchased for specific Project,or may be drawn from • Materials such as concrete, Supplies/Materials central stock if claimed costs are no higher than those the wood, etc. Grantee would pay • Supplies such as fasteners, • Costs may be capitalized according to the Grantee's standard nails,or other hardware and policy non-fixed equipment • The Grantee may only claim those costs reasonably attributable to the Project Relocation Costs • Costs resulting in displacement of a person/business • See Chapter 16, Section 7260, • The Grantee shall comply with State Relocation Act Government Code. requirements. Acquisition Costs • Appropriate costs of acquiring real property • Purchase price/Appraisals • DGS approved appraisal costs • Title/Escrow fees • Surveying/Improvements Indirect/Overhead • Costs shall not exceed 10%of grant total • Administrative overhead Restoration/ • All required materials for restoration/rehabilitation work • Planting/Soil improvements Rehabilitation Costs • Includes removal and disposal of exotic/invasive species • Irrigation systems (temporary or permanent,as applicable) Environmentally Aimed • Components to storm water management projects that include • Filtration systems BMP Measures habitat supporting measures • Erosion control materials Education • All fixed materials that serve interpretive or educational • Signs/Interpretive aids/Kiosks Infrastructure purposes • • • Miscellaneous • Other Project-related costs • Communications expenses • Construction insurance • Signs/Interpretive aids • Transportation costs Ineligible Costs The following is a non-exclusive list of ineligible project costs: COSTS EXPLANATION EXAMPLES Operations and • Costs necessary for the short or long term operation and • Personnel or employee Maintenance Costs maintenance of property or facilities once the property has been services acquired or the facility or area has been restored, rehabilitated, • Equipment, supplies or developed Non-fixed Equipment • Equipment that is not permanently fixed to the project facility or • Computer equipment used for construction (hardware and software) • Portable equipment Playground • Active recreation equipment costs are ineligible • Swingsets, skateparks, pools, Equipment or ball field apparatus, basketball Infrastructure courts Mitigation Costs • Costs associated with exclusively fulfilling mitigation • Land acquisition, development, requirements for this or other projects restoration or rehabilitation for mitigation for this or other projects Ceremonial or • Funds may not be used for ceremonies, parties, or other • Food and beverages Publicity Expenses publicity expenses(except for required signage) • Facility rental Ineligible Travel • Travel costs not directly associated with the project • Travel expenses • Travel claimed when no work time was claimed for the same period Lobbying/Fundraising • Costs associated with grant application preparation,for this • Staff time grant or for others associated with this or any other project • Lobbyist fees • Costs associated with lobbying legislature or other bodies for • Travel expenses funds for this or any other project Contract Cost • Unapproved contract costs overruns exceeding the allowable • Unapproved costs Overruns amount as per contract budget specifications • • • • Exhibit I Payment Request Form 1. PROJECT NUMBER 2. AGREEMENT NUMBER 3. GRANTEE 4. PROJECT TITLE 5. TYPE OF PAYMENT ADVANCE REIMBURSEMENT FINAL ❑ n II 6. PAYMENT INFORMATION a. Grant Amount $ b. Funds Received to Date $ c. Available (a. minus b.) $ d. Amount of This Request $ e. Remaining Funds After This Payment(c. minus d.) $ 7. SEND WARRANT TO: GRANTEE NAME STREET ADDRESS CITY, STATE, ZIP CODE ATTENTION 8. SIGNATURE OF PERSON AUTHORIZED IN TITLE DATE RESOLUTION FOR RMC USE ONLY PAYMENT APPROVAL SIGNATURE DATE This form must be accompanied by complete and accurate documentation of expenses. • • PAYMENT INSTRUCTIONS The following instructions correspond to items on the Payment Request Form: 1. PROJECT NUMBER -- The number assigned by the State to this Project 2. AGREEMENT NUMBER -- As shown in Certification of Funding section of the Project Contract 3. GRANTEE -- GRANTEE name as shown on the Project Contract 4. PROJECT TITLE --Title of Project for which payment is requested 5. TYPE OF PAYMENT -- Check appropriate box 6. PAYMENT INFORMATION (a) State Grant Amount -- The amount of state grant funds allocated to this Project (b) Funds Received to Date -- Total amount already received for this Project (c) Available -- (a. minus b.) (d) Amount of This Payment Request -- Amount that is being requested (e) Remaining Funds After This Payment -- (c. minus d.) 7. SEND WARRANT TO — Grantee name, address and contact person 8. SIGNATURE OF AUTHORIZED PROJECT REPRESENTATIVE Payment request forms must be accompanied by a progress report detailing activities completed and an itemized list of all charges documenting check numbers, amounts, dates, recipients, and purpose of the charges. You may use the Project Summary Form in the Project Completion Packet. Payment requests should clearly identify elements of the work plan to which they relate. Payment requests without complete and accurate documentation will not be approved for payment until required information is received. • • Exhibit J Report of Alternative Funding Expenditures (RMC will consider the use of organizational records in lieu of this form if they contain all of the required information as shown on this form. Grantees should still summarize information on this form.) Grantee Name Agreement Number Costs charged to other Funding Sources: Grantee's own funds, State or Federal funds, other grants, etc. Check Date of Number Check Recipient Purpose Amount Subtotal (Carry Total forward to Project Costs Summary Form) Total • • Exhibit K Quarterly Progress Report PROGRESS REPORT# #QUARTER-"DATE" Project Name Submitted by: "Project Representative", "Grantee" Date Submitted: Summary of Work Completed During This Reporting Period (List all tasks) %of Work Date Deliverable Tasks Due Date Complete Submitted List of Deliverables by Subtask No. Additional Attachments Progress Report Narrative Exhibit L Quarterly Expenditure Projection Reports Remaining Work For Duration of Project(List all tasks). Amount Estimated in Amended Deliverable Task Due Date Budget Projected Amount Total Amount Estimated in Budget for Tasks $ Total Amended Projected Amount $ • • Exhibit M Contract Summary Form This information will be made available to the public on the Rivers and Mountains Conservancy website. Date: PROJECT INFORMATION Project Title: Project Purpose — Problem / Goals ("why" the project): Project Abstract (brief description of project): Which RMC program is funding this project? Please put an 'X" ❑ Prop 13 ❑ Prop 40 ❑ Work Program PROJECT REPRESENTATIVE Name: Job Title: Organization: Webpage Address: Address: Phone: Fax number: Email: PROJECT PERFORMANCE PERIOD From: To: PARTICIPANTS AND PARTNERSHIPS LOCATION Address: Size of Project (include units): Counties included in project: Biography of Grantee: Biography of Project: H) Short-term Goals: I) Long-term Goals: PLEASE PROVIDE A HARD COPY AND AN ELECTRONIC COPY TO THE RIVERS AND MOUNTAINS CONSERVANCY. • • Exhibit N Project Certification Form GRANTEE: AGREEMENT NUMBER: GRANTEE CONTACT FOR AUDIT PURPOSES NAME: ADDRESS: PHONE: ( PROJECT DESCRIPTION — List facilities developed and/or property acquired: LIST OTHER FUNDS ON PROJECT (SOURCES AND AMOUNTS): INTEREST EARNED ON ADVANCE GRANT AMOUNT: $ HAS A NOTICE OF COMPLETION BEEN FILED? YES NO IF NO PLEASE EXPLAIN: CERTIFICATION: I hereby certify that all grant funds were expended on the above named Project(s) and that the Project(s) is complete and we have made final payment for all work done. Grantee Project Representative, Title Date • • Exhibit 0 Project Costs Summary Form Grantee Name Agreement Number Warrant/Check Date Recipient Purpose Amount Number Total Labor Costs (from attached form) $ Total Equipment Costs (from attached form) $ Total Charges to Other Sources (from attached form) $ Subtotal $ Grand Total $ • • Exhibit P. Labor Costs Summary Form (RMC will consider the use of organizational records in lieu of this form if they contain all of the required information as shown on this form. Grantees should still summarize information on this form.) Grantee Name Agreement Number Work Unit Dates/ Authorization # Performing Work Pay Period Purpose Amount Subtotal $ (Carry Total forward to Project Costs Summary Form) Total $ • • Exhibit Q Equipment Costs Summary Form (RMC will consider the use of organizational records in lieu of this form if they contain all of the required information as shown on this form. Grantees should still summarize information on this form.) Grantee Name Agreement Number • Type of Equipment Dates Work Performed Amount • • • Subtotal (Carry Total forward to Project Costs Summary Form) Total 111111 • Agreement Number: RMC 03259 Amend #1 GRANT AGREEMENT—Amend #1 RIVERS AND MOUNTAINS CONSERVANCY State of California—The Resources Agency GRANTEE City of Seal Beach PROJECT TITLE City of Seal Beach San Gabriel River Bikewa and Staging Area Improvement PERFORMANCE PERIOD September 23,2003 throu h Se tember 23, 2005 Under the terms and conditions of this Contract, the Grantee agrees to complete the Project as described in the project description, and the State of California, through its' Executive Officer of the Rivers and Mountains Conservancy pursuant to the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002(Proposition 40),agrees to fund the Project up to the Grant Amount. •i PROJECT DESCRIPTION 1 The following terms and conditions are amended: Exhibits A, B & C. And the Performance is now revised to March 31,2005. All other terms and conditions remain the same. TOTAL GRANT AMOUNT NOT TO EXCEED $150,000 I The General and Special Provision attached are made a art of and incorporated into the Contract. I City of Seal Beach STATE OF CALIFORNIA _ RIVERS AND MOUNTAINS CONSERVANCY 211 8`h Street 900 South Fremont Avenue, Annex, 2m—Floor G Seal Beach, 'A '•; A.t Alhambra, CA 91802 By __ By vJca'.�r�r.°t• Title: J city Me1ni74d? i Belinda Faustinos, Executive Officer Date: L{-.- 2C — O4 -- — I Date : y/lgIb�{ — --� CERTIFICATION OF FUNDING (FOR STATE USE ONLY) AMOUNT OF GRANT AGREEMENT NUMBER ' FUND—6029 $150,000 RMC03239 I California Clean Water, Clean Air, Safe ADJ. INCREASING ENCUMBERANCE I APPROPRIATION Neighborhood Parks,and Coastal Protection Bond Act ADJ.DECREASING ENCUMBERANCE FUNCTION 1 i I TOTAL GRANT AMOUNT LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL 1 $150,000 3825-301-6029 157 2002 YEAR 03/04 T.B.A NO. ? B.R.NO. INDEX OBJ. PCA PROJECT/WORK L120 EXPEND 30102 i PHASE 418 1 I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance SIGNATURE OF ACCOUNTING OFFICER ( DATE — — — _ ///d,‘ Ak- RMC 03239 04/13/04 Exhibit A Scope of Work (Tasklist & Timeline) City of Seal Beach • San Gabriel River Bikeway and Staging Area Improvement The City of Seal Beach is using this grant opportunity to design improvements to the San Gabriel River Trail and its staging area at the end of the trail. The design will rehabilitate the existing asphalt trail and parking lot, the use of native vegetations, signage, recreational areas for pedestrians and bicycles and habitat restoration. In addition, the design will focus on the use of recycled materials such as asphalt and plastics. Tasks: *AA - 1. Have a-representativeattend.the proposition 40 workshop to be held November 24 and 25, 2003. 2. Review Background Materials. 2.1. RMC Website 2.2.Workshop Materials 2.3. Common Ground 3. Research existing plans, projects, and maintenance agreements for the San Gabriel River Trail. 4. Preliminary design report' 4.1. Identify potential goals, benefits, material use, planting pallets; potential dune restoration at parking lot, signage, etc. 4.2.Check consistency with the vision of the RMC and the City. 4.3.Meet with the RMC staff to discuss findings 4.4.Plan and conduct one public workshop/visioning process meeting. 4.5.Contact permitting agencies 5. Respond to public requests and inquiries. 6. Outreach to others as necessary. 7. Design the project and obtain required permits 8. Prepare reports, briefing papers, web site documents and other information to distribute to City Council members and present at City Council meeting. 9. Monitor and Assess project success and progress. 9.1. Prepare and submit quarterly progress reports. 9.2. Compile final report. Agreement Number: RMC 03259 - Amend #1 • GRANT AGREEMENT — Amend #1 RIVERS AND MOUNTAINS CONSERVANCY State of Califomia — The Resources Agency GRANTEE City of Seal Beach PROJECT TITLE ciy of Seal Beach San Gabriel River Bikeway and Staging Area Improvement PERFORMANCE PERIOD September 23, 2003 through September 23, 2005 Under the terms and conditions of this Contract, the Grantee agrees to complete the Project as described in the project description, and the State of Califomia, through its' Executive Officer of the Rivers and Mountains Conservancy pursuant to the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002 (Proposition 40), agrees to fund the Project up to the Grant Amount. • PROJECT DESCRIPTION The following terms and conditions are amended: Exhibits A, B & C. And the Performance is now revised to March 31, 2005. All other terms and conditions remain the same. TOTAL GRANT AMOUNT NOT TO EXCEED _ j $150,000 The General and Special Provision attached are made a art of and incorporated into the Contract. City of Seal Beach STATE OF CALIFORNIA RIVERS AND MOUNTAINS CONSERVANCY 211 8 ` h Street 900 South Fremont Avenue, Annex, 2 " Floor Seal Beach, 'A ` S A i Alhambra, CA 91802 By / B _ viuu,t.QC Title: C l Ty ElAdQ }6(,(2 Belinda Faustinos, Executive Officer Date: for %= — — Date: t/19 /6ci CERTIFICATION OF FUNDINGG[FOR STATE USE ONLY) AMOUNT OF GRANT AGREEMENT NUMBER FUND — 6029 $150,000 RMCO3239 California Clean Water, Clean Air, Safe � ADJ. INCREASING ENCUMBERANCE APPROPRIATION Neighborhood Parks, and Coastal _ -____— Protection Bond Act ADJ. DECREASING ENCUMBERANCE FUNCTION TOTAL GRANT AMOUNT LINE ITEM ALLOTMENT 7 CHAPTER I STATUTE FISCAL {, I $150,000 3825- 301 -6029 157 2002 YEAR _ _____ 03/04 1111 T.B.A NO. B.R. NO. INDEX OBJ. PCA PROJECT /WORK L120 EXPEND 30102 PHASE 418 I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance SIGNATURE OF ACCOUNTING OFFICER r DATE 5 D RMC 03239 04/13/04 Exhibit A Scope of Work (Tasklist & Timeline) City of Seal Beach San Gabriel River Bikeway and Staging Area Improvement The City of Seal Beach is using this grant opportunity to design improvements to the San Gabriel River Trail and its staging area at the end of the trail. The design will rehabilitate the existing asphalt trail and parking lot, the use of native vegetations, signage, recreational areas for pedestrians and bicycles and habitat restoration. In addition, the design will focus on the use of recycled materials such as asphalt and plastics. ;Tasks: - '1 : Have a- representative.attend.the proposition 40 workshop tb be held November 24 and 25, 2003. 2. Review Background Materials. 2.1. RMC Website 2.2. Workshop Materials 2.3. Common Ground 3. Research existing plans, projects, and maintenance agreements for the San Gabriel River Trail. , 4. Preliminary design report' 4.1. Identify potential goals, benefits, material use, planting pallets; potential dune restoration at parking lot, signage, etc. 4.2. Check consistency with the vision of the RMC and the City. 4.3. Meet with the RMC staff to discuss findings 4.4. Plan and conduct one public workshop /visioning process meeting. 4.5. Contact permitting agencies 5. Respond to public requests and inquiries. 6. Outreach to others as necessary. 7. Design the project and obtain required permits 8. Prepare reports, briefing papers, web site documents and other information to distribute to City Council members and present at City Council meeting. 9. Monitor and Assess project success and progress. • 9.1. Prepare and submit quarterly progress reports. 9.2. Compile final report. • 2 • • 4 1 • • r , o { It .:. I 0 S aO n ; O 1 M O N �; N p ∎( CO 0 M _ N a U - a v i i 2 N m H N 11. ii m O ., P �1 c+) _ s 1 CO 0 To W 1 .8 — - 0 (Ni S - t i . 1 @ M I. t m N N II ii a CD f '- 0) fir 1. y N o H ' m L E l , s n , d CO a £ ll i w ..:.._ o V) z U Q $ if • r h . a l . • i 0 • c z m t ° c d ° N . n ° ° c b d o I. co u< 2c c � c A, p u ctio w£ Y rv m. . ^'u� € E c . , ce i uq n_- a N Gx 3 n £ KW 'p .2 0 �C O p °• m £ Q p m ° • • RMC 0323904/13/04 Exhibit C Monitoring and Assessment Plan City of Seal Beach San Gabriel River Trail The City of Seal Beach is a local government municipality in Orange County and is immediately adjacent to the San Gabriel River. In order to evaluate the success of work of Seal Beach on the San Gabriel River Trail Rehabilitation grant program, the following monitoring and assessment plan has been drafted. 1) The City of Seal Beach will provide the State of California Rivers and Mountains Conservancy with a copy of the preliminary design report as well as draft planting and trail design plans for approval. The City will utilize native, indigenous plants and other sustainable materials throughout the project design. 2) The City of Seal Beach will provide the State of California Rivers and Mountains Conservancy with quarterly project updates outlining the progress made towards completion of project goals. 3) A final report will be compiled including pertinent design, deliverables, quarterly reports. 4) The State of California Rivers and Mountains Conservancy will be invited to attend /participate in any advisory groups formed for this project.;; vw v 0 0 Agreement Number: RMC3239 GRANT AGREEMENT — AMENDMENT NUMBER THREE RIVERS AND MOUNTAINS CONSERVANCY (RMC) State of California — The Resources Agency GRANTEE City of Seal Beach PROJECT TITLE San Gabriel River Trail Enhancement .. . _ • PERFORMANCE PERIOD September 23, 2003 through June 30, 2006 Under the terms and conditions of this Agreement, the Grantee agrees to complete the Project as described in the project description, and the State of California, through its Executive Officer of the Rivers and Mountains Conservancy pursuant to the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002 (Proposition 40), agrees to fund the Project up to the Grant Amount. PROJECT DESCRIPTION Amends Project Description to include the following: The project will restore the existing San Gabriel River Trail and the trailside facilities from the Marina Drive to the Pacific Coast Highway and upgrade the site to feature new amenities. Amends Exhibit A, Tasklist and Timeline to include a consultant to write a grant for additional funding from the Resource Agency; change the Performance Period end date to June 30, 2006. • Amends Exhibit B, Budget by $10,000.00, to increase the Total Grant Amount Not To Exceed from 5150,000.00 to $160,000.00o . All other terms and conditions remain the same. - TOTAL GRANT AMOUNT NOT TO EXCEED $160,000.00 The General and Special Provisions attached are made a part of and incorporated into the Agreement _ GRANTEE: GRANTOR: CITY OF SEAL BEACH RIVERS AND MOUNTAINS CONSERVANCY STATE OF CALIFORNIA 211 Eighth eet 900 South Fremont Avenue, Annex, 2nd Floor Seal Be.' •, ' A/ 1740 /J Alhambra, CA 91802 • BY (AUT S RI D ATtjQE) _ // BY Ufttilanc ERIN ME AND ITL Or / R ON S[NG I PRINTED NAME AND TITLE OF PERSON SIGNING Vi i! a jp i a 0 I ' , • i . , Us , . • • I Belinda V. Faustinos, Executive Officer DA SIGNED DATE SIGNED 3/z ^ 6 T �/ � IL� /0 4 CERTIFICATION OF FUNDING (FOR STATE USE ONLY) AMOUNT OF GRANT AGREEMENT NUMBER FUND — 6029 $150,000.00 RMC3239 California Clean Water, Clean Air, Safe ADJ. INCREASING ENCUMERANCE APPROPRIATION Neighborhood Parks, and Coastal $10,000.00 - Protection Bond Act ADJ. DECREASING ENCUMBERANCE FUNCTION TOTAL GRANT AMOUNT LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL $160,000.00 3825 -301- 60290005 157 2003 YEAR 05/06 T.B.A. NO. B.R. NO. INDEX OBJ. EXPEND PCA PROJECT/WORK L120 418 30102 PHASE I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF ACC ING OFFICER DATE A7( ///7 0. 6 • Page 1 of 3 a MOM a Bra ana - kk 5 Th ,,w. LIM w" " ..0 F a f tilt - #e` Sa ,', - r 'a. ,. 0 r4rc x 5 Q e v tot E s d ui $ - - u o g g c c LL E U 2 5 2 % E"+ ° Y ' -ns w h , .S a . F w °au ' ° �cFFEF F 8800 _ ?3.4d€ .2(301 - FKF22 F4 FLL • Agreement Number: RMC3239 Exhibit B Budget Task i Budgeted Amount • Task II- 1:Research /Reconnaissance $10,000 Task 11 -2: Topographic Mapping $5,000 Task 11 -3, 7, 5.1: Outreach $10,000 Task 11 -4: Opportunities & Constraints $5,000 Task 11 -5: Conceptual Design $35,000 Task 11-6: Construction Drawings - $60,000 • Task 11 -9: Permitting $15,000 Task 11 -10: Meetings/ Management $10,000 Task 11- 11:Grant Proposal Draft & Document $10,000 Search Total Budget $160,000 Page 3 of 3 • Agreement Number: RMC3239 GRANT AGREEMENT AMENDMENT NO. 2 ,a RIVERS AND MOUNTAINS CONSERVANCY (RMC) State of California — The Resources Agency GRANTEE City of Seal Beach PROJECT TITLE City of Seal Beach San Gabriel River Bikeway and Staging Area Improvement PERFORMANCE PERIOD September 23, 2003 through 1 September 30, 2005 Under the terms and conditions of this Agreement, the Grantee agrees to complete the Project as described in the project description, and the State of California, through its Executive Officer of the Rivers and Mountains Conservancy pursuant to the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002 (Proposition 40), agrees to fund the Project up to the Grant Amount. PROJECT DESCRIPTION • For administrative purposes this Grant Agreement reflects new exhibit labels and an additional exhibit, Services and Materials Summary Form, labeled "N." These exhibits replace Section D, Payment Documentation and Section E, Project Administration. All other terms and conditions remain the same. TOTAL GRANT AMOUNT NOT TO EXCEED $150,000.00 The General and Special Provisions attached are made a part of and incorporated into the Agreement. CITY OF SEAL BEACH RIVERS AND MOUNTAINS CONSERVANCY STATE OF CALIFORNIA 211 8 Str � 900 South Fremont Avenue, Annex, 2" Floor Seal B s A 9074 Alhambra, CA 91802 BY (AUT •' D SI A BY (AUT ORIZED SIGNATURE): I t V ..... - ! Q� l hA-lLS S I. PRINTED AME AND' r' LE OF P RSON - -- PRINTED NAME AND TITLE OF PERSON SIGNING: JcL1 (Q - AC: O S e -o-ht Yolk i � c MQN14��1 Belinda V. Faustinos, Executive Officer DATE •. 0. NED: DATE SIGNED: f/S.7 /o4 CERTIFICATION OF FUNDING (FOR STATE USE ONLY AMOUNT OF GRANT AGREEMENT NUMBER FUND — 6029 . $150,000.00 RMC3239 California Clean Water, Clean Air, Safe ADJ. INCREASING ENCUMBERANCE APPROPRIATION Neighborhood Parks, and Coastal Protection Bond Act ADJ. DECREASING ENCUMBERANCE FUNCTION TOTAL GRANT AMOUNT LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL $150,000.00 3825 -301- 60290005 157 2003 YEAR 03/04 T.B.A NO. B.R. NO. INDEX OBJ. PCA PROJECT/WORK L120 EXPEND 30102 PHASE 418 I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance SIGNATURE OF ACCOUNTING OFFICER i DATE `_ / ID 6 Page 1 of 32 • Agreement Number: RMC3 • Special Provisions L Grantee shall complete all work in accordance with an approved Work Plan which will be included in this Agreement as Exhibit A "Tasklist and Timeline ", Exhibit B "Budget," and Exhibit C "Monitoring and Assessment Plan." 2. If the Project includes acquisition of real property: a. As conditions precedent to the State's obligation to deposit the Grant Amount in escrow, the Grantee shall submit to the State an appraisal for review and approval in writing by the Department of General Services (DGS) of all documents pertaining to the Real Property appraisals and property transaction, and provided copies to the State. The Grantee shall be required to establish a billing account with the Department of General Services for this purpose. fe,' A A ° Memorandum"nof..;LTnrecorded+ Grant. Agreement, `'ExhibitiD`mustybedrecorded'by the Grantee t rpovide nottce =of tivsxAgreementxbetwee gthetGcarites tfie?S a bne l {a LLowerNos AngelesiRrversland * 3. If the Project includes development, landscaping and/or planting: a. The Grantee shall include a representative of the State on the selection panel for contracted services. ti The #Granteefsha11.submrt a Piglecf Development4Plan :Exlirbit iKiii iaccordance with • RMC General9eolrcres, jExhibit F to )theaState pprovaL pnor,tottliersolrcrtation ofia subcontractorionawai dmg,of!a ibrd?fon • Page 2 of 7 Agreement Number: RMC3 • • General Provisions • A. Definitions • 1. The term "Act" as used herein means the Clean Water, Clean Air, Safe Neighborhood Parks and Coastal Protection Bond Act of 2002. 2. The term "CEQA" as used herein means the California Environmental Quality Act, Public Resources Code Section 21000 et. seq.; Title 14, California Code of Regulations Section 15000 et. seq. 3. The term "Agreement" as used herein means a grant agreement between the State and Grantee specifying the payment of Grant Amount by the State for the performance of Work Plan within the Project Performance Period by the Grantee. 4. The term "Grantee" as used herein means the party described as the Grantee on page one (1) of this Agreement. 5. The term "Grant Amount" as used herein means funds derived from the sale of bonds authorized by the Act. 6. The term "Project" as used herein means the project described on page one (1) of this Agreement. 7. The term "Project Performance Period" as used herein means the period of time that • the Grant Amount is available, and the time in which the Project must be complete, billed and paid as described on page one (1) of this Agreement. 8. The term "Project Representative" as used herein means the person authorized by the Grantee to be responsible for the Project and is capable of making daily management decisions. 9. The term "State" as used herein means the Rivers and Mountains Conservancy. d0 °GRANTEE t$CBRTIFICATIONN,CLLAUSESr r she tGRANTEE� CERTIFICATION T J CUAUSES )Exl rbrt by? referencelandhmade =a•}part(of ?th s Agreetienttbylliis referencetas if;attaohediheietoi 11. TIMELINESS: Time is of the essence in this Agreement. 12. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be effected thereby B. Project Execution 1. Grantee agrees to complete the Project in accordance with the time of Project Performance Period, and under the terms and conditions of this Agreement. Extensions may be requested at Least 90 days in advance of the date of termination and • will be considered in the event of circumstances beyond the control of the Grantee, Page 3 of 7 t- I • • Agreement Number: RMC3 • but in no event subsequent to the end of the Project Performance Period as identified • in the Work Plan as the Project's date of completion. 2. Grantee shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et. seq.). 3. If the Project includes acquisition of real property, the property must be acquired from a willing seller and for no more than the appraised fair market value approved by Department of General Services. The Grantee agrees to comply with all applicable State (Chapter 16, Section 7260, Government Code) and local laws or ordinances effecting relocation and real property acquisition. Documentation of such compliance must be submitted to the State. 4. If the Project includes development, the Grantee shall comply with all applicable current laws and regulations affecting development projects, including, but not limited to, laws affecting health and safety, hazardous materials, historical preservation, environmental impacts, building standards, and the like. Documentation of such compliance will be made available for review upon request by the State. 5. Grantee agrees to periodic site visits by the State to determine if development work is completed in accordance with the approved Work Plan including a final inspection upon Project completion. 6. Grantee agrees to, submit in writing, any deviation from the attached Work Plan to the State for approval prior to implementation of changes. • 7. Grantee agrees to provide reasonable public access to lands acquired in fee with Grant Amount except where that access may interfere with habitat protection. 8;Granfeesagees3totpost signssaclmowledgting'- her" sourcepof SrgriagePGuidelinessExliilrt�A1 C. Project Costs Subject to the availability of Grant Amount in the Act, the State hereby grants to the Grantee a sum of money (Grant Amount) not to exceed the amount stated on page one (1) of this Agreement in consideration of and on condition that the sum be expended in carrying out the purpose as set forth in the Work Plan and under the terms and conditions set forth in this Agreement. Grantee agrees to assume any obligation to furnish any additional funds that may be necessary to complete the Project. All costs accrued for services or supplies prior to the execution of Agreement are not eligible for reimbursement. Erg ble and"mehgible'costsimcliide lbitfare it,lnruted tto rtems detailerbTMEzhibrt I' Elrg file and .� �' , Fc 1+ S• - .. 5, fts ai�++g Cs. 3�is i e..a9 and�InehgblelCosts� Alhehgrblercostsrsubiiutted ` +forare�mbursement�iriustlbe accompamedlby a ro riatejsu . ort +doctimenfatio . Pl? P PP m g The Grant Amount to be provided to the Grantee, under this Agreement, may be disbursed as follows: • 1. For acquisition projects: The State shall disperse up to 100% of the purchase price and costs of acquisition approved by Department of General Services when an escrow is opened. Page 4 of 7 Agreement Number: RMC3 • 2. For development projects: The State may reimburse the Grantee the Grant Amount upon submission of a payment request consistent with the Work Plan of this Agreement. 3. Preliminary costs, including planning, plan documentation, designs, appraisals and negotiations, permit costs, consultant costs, and other similar costs, are expenditures subject to maximum 20% (including indirect and overhead costs) of the Grant Amount for Grant Amounts over $100,000 dollars. 4. Indirect and overhead costs shall not exceed 10% of the Grant Amount 5. Subject to prior review and approval of the State, line item shifts if up to $100,000 or . 10% of the annual Agreement total, whichever is less, may be made during the grant performance period. Line item shifts may be proposed/requested by the Grantee in writing and must not increase or decrease the total Agreement Grant Amount. D. Payment Documentation 1. All payment requests must be submitted by the Grantee using a completed Payment Request Form, Exhibit J. An approved Payment Request Form constitutes as a valid invoice for payment and must be accompanied by completed forms, as applicable, listed below: ProjectlQostssSummaryyFonn 0Exhibitt}K t y 5e o ..s -z . 1 '.Th"a u ary i , ' 'v ' • �,�� �� �'�Labor�Costs Summary��Fonn�Ex htbit L�!(Grariteei 'staff {and %or;personiiel) 1 ' Equipment Costs Summary Form, Exhibit M; i & Sew ices andlMatenals its Summary FormiExhibitN; ° , - R Alterati�ve F Form , x hi itt ri 2• - Project CertificatiomF ,orm;oEx S1(pri TheaProject Costs'Swnmary ern' " Exhibit K is' ompleted`%by bring g �forwa r y d t h t ot, r p ra in i totaltexpend res from th bo C o s ts Summa �Ex Equt CostslSun mart' Form, Ex M t he Services and;Materials Costs Sum mary F Ex N T he }k Lab o r C s ts s Summary For E qui p m en t CostsiS Form and r� N. `3-as7 & ,r -+ 34 °'3µ ' statli b '* .a' " 2 ' at Semcesciand Materials Formsare complete d b y ittemrzing,a charges documenting cheek numbers; amounts,. dates, recipients, purpose of expenditures, and c rdentif}nng charges . Work Plan tasks and elements RMe will con sider the L e of rag es orgaritzattonal recordslhe u of the,detatled listing on,the spectficie tbtts p�rovtdmg I1 the information- regmred on th i its.wou d . ANT , t organizahona 1 recordl IfJorrgan zatio are' submitted, Granteershallhs'uin anze4informafion the appropriatetexhi The RLabor Costs Summary' (Form 0ExhibittL, istsubmitted with theiPay eentARequest Formtand is completed' : _listing the Grantees staff�and or personnel the dates and hours, for the pay- penod, h pay ratte,�check or warrant number, and :the tots Vil ars f t h e pe offt he�r,eim b urseme n t ,I r e q ues t RMC' will con s o re i n let o , i t h e de t a t le di I ex j p ray in a the i > r 4s' iTt v x r n. s on - ' information required on the exhtbit;l eontainedttn" theiorgamzahonalr d If F. {v a ge s ; e itted,, ".7P� 3 tap a$ i `a's% y a • organ Fzattonal re cordst ar subm .itt G rantee snail., : ormationIon Atte appropnateeexxhibitl Page 5 of 7 Agreement Number: RMC3 • • The Egwpm Form jExhibit M stsrsubmttted wrth,the Payment • Request Form and is.icompleted byjlisting the typeeof gwpmentIthat was used, the dates- theequipdnent erf&ined the 4 work, the check or wan•ant'numberithatipaidifor the use LofIttli jequipment aand the un : : amotiof the 'for the reimbursement request RMC twill eonsider the use�3of.organizationalzrecords intlieu of therdetailed)hsting+on he4exhibit, providing all the mfonnat . on exhibit 1is 2contam ed ,the - organizationa1U records sIf organizational ;records., alt submitted4Giantee shallsummarizeninformatiotxonithe (appropnate ThelServices MatenalssCotS Sniff/rap' s t6 fm, tExliibit N, is3 w , dYie p y j„ :i ts� +, fi w ith ere Paymen�t�Reque�st,Fonn�andzis coinpleYed € by)listmg +the materalsfori`serncesithat were performed or dlivered ,to The"gdetailedrilistmg on form metades the deliverable, - thetdate, the recipient of the.flids the checkaor warrant number fofpaymentofthe freciMerit, land the;amountfof the paynentlfo t tetreimburse hment request RMC will consider theauselof organizationa� records i i li lof,the d o nIthe, exhibit ? all the information n "P ,�.._ requiredr+on sthetexhib 'fcota it.isnmed m th eGOrganizational`�record If organi'zat> x re sub i h �5 . o : n �r . ra _ records are:« submitted; °tGrantee^ shat trssummarize�•mformation,Nont the ;appropriaate e xhi bi$l AfRepoort a of Alternate Pundmg Source lExpenditures Exhibit�0 isisubmit T ed to the State ) uest andetai scharged*, lor, g urc . �� '� � - � s, ent`Re ,q ` ad � _ �, ,. .. fundmgssounces, e c Grantee's own�funds,?StateOrsFederal funds, otherr gran c the is : RMC will consider the . usesoforganizational records Mjlieu pfithe detailed listinglon,the exhibit proyidin =:all thezinfonnation required ion1the is coi tamedi;the,organizational record If • organizational submitted .GranteershalBsummanzel,in formation on „the a e x h ibi to Any payment request that is submitted without the required itemization will not be authorized. If the required itemization or documentation is incomplete, inadequate or - inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor because of delays in payment will be paid by the Grantee and are not reimbursable under this Agreement. 2. Grantee shall submit all documentation for Project completion and final reimbursement within 90 days of Project completion, but no later than the end of the Project Performance Period as shown on page one (1). 3. Payments shall be on the basis of costs incurred, less 10% to be withheld from all invoiced amounts. 4. Advance payment for the Project is not allowed. The State, at its sole discretion, may honor advance payment requests, if warranted by a documented compelling need. A • Payment Request Form, including all cost estimates for services, equipment and supplies to support the advanced amount requested, should accompany this document. 5. If Grant Amount is advanced, the Grantee shall place these funds in a separate interest bearing account, setting up and identifying such account prior to the advance. Interest • earned on Grant Amount shall be used solely on the Project, as approved by the State. Unless spent on approved costs, the Grant Amount shall be reduced by the amount of the interest eamed. Page 6 of 7 • Agreement Number: RC3 • M • 6. Ariy overpayment of Grant Amount in excess of final project costs shall be returned to the State within 60 days of completion of the Project or the end of the Project Performance Period as shown on page one (1), whichever is earlier. E. Project Administration 1. Grantee agrees to provide all technical and administrative services as needed for Agreement completion. Grantee agrees to monitor and review all work performed; and coordinate budgeting and scheduling to assure that the Agreement is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations. 2 Grantee ensuresthatAthe Agreement requirements,are?qet through completion of Quarterly Progress Report Exhibit and'Quarterly Expenditure Projecti Report Exhibit Q submitted to the StateT'ih accordance with the Work= °Plan' °rand9through regular!oommumeation with tthetState i adheringctolthepfolloowmgschedul e: N . 4,-, Quaarter January,. = March.13flkr ty= ;Du Apr 30 2 ,Quarter i Aprt1J1 ,June 30 x fi 4 10Due & July�30 t m • v •,c` g 3p➢Quaitere July +I ,Septembetao k ;:Due Getobet3 4�' �.Quar t er . i . y October• >1ror. Decembe " D Ja nu ry The State reserves the right to require reports more frequently than on a quarterly basis if necessary, but no more than once a month. • a 4 heiQuarterly+Progress Report,`ExhibitiP,y shall describe activities undertaken aril accomplishment s+ ofieaeh, , theiquarrter,. milestonesaachieved, and,any p roblems encounteredsm theiperformance of,themorkiunder Agreement The descriptiontof activitiesiand accomplishments'of,eachtask1 shall be •. , . ed i a'ttl detail to provide lambasts rfor;y'paymentNof tinv and $ s hall' abe',transiatnto percent lofftask lwork icompleted;° for 4he + purposes of calculating invoice „amouunts. Progress)reports should,duectly3addressstasks timelines ,;deliverables,,milestones antbassociated +costs scheduledtin Exhibit A OExhibit=B,iand+Exhibrt'C -Any §major timelmetadjustments whickwill mpaot!Exhibit A;-T�Tasklistland Timehne,,mustibe reviewednvith,the1pro fect b he,QuarterlydExpenditure ?Projection 124OfeExliiliitQ siT&i reflectt1bgth actual an projected ' Thersum , of�ta11 %qu rterly< {expenditure projection r' eportssshoiildtequallthatiofyapproved ;Giant Amount c Grantee mu "st submit'an Agreement Su m IrWPorin 'Exlirb�t R with th e fi s - -�'-,e u . a x rt irk a tm avi1a he , he Q uarterl i4icirt Tliis imformation willibeamadelaavailable4d4the public oil the Re sources:Agencytand3Rivers¢and }MountainstConservancywelisite. d UfAtithe (compktiomof;this and,pnor to Tinallpaymeni, the'GranteelProtect Representativegshall:fi 1 outland provideia Project Certificarion F,oim,iExhibit Stto t1e State • Page 7 of 7 • • • 010 ¢8 I Izt US N 7 0 -1 N c C N .. i. 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N' ,I, :1- :! -31 --- .71 ID 2 3 N--,4 i:: c Itt 11„..?-1',. .- • c CM '0 La CO 0 l',-'''1,,k1r4". LI,„--37?"1,1:- ;314:7,-••••1 i?-r,-,-'1',"Clks:;'''71 X i a -AtiL 1,14-li, L.L1 :6 0, o co co ... . ..... e W NI w — 7 W ' - 'e '.. -1- <- ; :4rk 4,' ",t,',,-;,„:4:- IT„,z,:ic, --:;.,44-,....x.- z 73 _L) a w E ? ,. ,- at 4 4 15,4 I 7.-, ,•,,,,i-er,_:,, i' 'Cl"fri L to M 0 CD Z w..,...ti:.2; r r-T.-- -1 ifr'774!::: Anevilhl co 0 ..,- tt•,.-: I Ca't - `"-:3-..:,-",-4 ,-"..1 ‘, '6 CO e , ' * "" 5 ' k t. Z,• 9 L 1'•k.'"`",, ti re-S' . I, ,..."-rx„.;, ‘",-,;±,,.'•"a1";;',a 0 cc •• ti '9 k,1 m k•,I:' A ,,,. _ • • • , e cat elCt '3 =DT, if, E1 ruki !,1•7., fai a a = . , - V i- E . p., fa a 0 0n• S 4g mili4E —la 'a !g tE 0 Lig t Zti 0 k c2aLg IF . a ( 1C 03239 04/13/04 Exhibit C • Monitoring and Assessment Plan City of Seal Beach San Gabriel River Trail The City of Seal Beach is a local government municipality in Orange County and is immediately adjacent to the San Gabriel River. In order to evaluate the success of work of Seal Beach on the San Gabriel River Trail Rehabilitation grant program, the following monitoring and assessment plan has been drafted. 1) The City of Seal Beach will provide the State of California Rivers and Mountains Conservancy with a copy of the preliminary design report as well as draft planting and trail design plans for approval. The City will utilize native, indigenous plants and other sustainable materials throughout the project design. 2) The City of Seal Beach will provide the State of California Rivers and Mountains Conservancy with quarterly project updates outlining the progress made towards completion of project goals. 3) A final report will be compiled including pertinent design, deliverables, quarterly reports. • 4) The State of California Rivers and Mountains Conservancy will be invited to attend/participate in any advisory groups formed for this project. • Agreement Number: RMC3 • • Exhibit D • Memorandum of Unrecorded Grant Agreement State of California ) Rivers and Mountains Conservancy ) Belinda V. Faustinos ) 900 South Fremont Avenue ) Annex, 2nd Floor ) Alhambra, CA 91802 ) Space above this line for Recorder's use MEMORANDUM OF UNRECORDED GRANT AGREEMENT This Memorandum of Unrecorded Grant Agreement(Memorandum), dated as of , 2005, is recorded to provide notice of an agreement between the State of California,by and through the Rivers and Mountains Conservancy("State") and ("Grantee"). RECITALS A. On or about , , State and Grantee entered into a • certain Grant Agreement, Grant No. ("Agreement"),pursuant to which the State granted to Grantee certain funds for the acquisition of certain real property, more particularly described in attached Exhibit A and incorporated by reference (the "Real Property"). B. Under the terms of the Agreement, the State reserved certain rights with respect to the Real Property. C. Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain State reserved rights under the Agreement. NOTICE 1. Said Real Property(including any portion of it or any interest in it) must be used for the purposes of expanding or establishing open space for passive natural and passive recreational uses and other compatible public uses constant with the description of the purpose of the acquisition in the Agreement. 2. Said Real Property shall be maintained and operated under this program for a period of at least 20 years for grants up to $1,000,000 and at least 25 years for grants over $1,000,000. 3. Said Real Property(including any portion of it or any interest in it)may not be sold or transferred without the written approval of the State of California, acting through the Rivers and Mountains Conservancy, or its successor,provided that such approval shall not • be unreasonably withheld as long as the purposes for which the Agreement was awarded are maintained. Page 16 of 36 52/2005 Agreement Number: RC3 • • M • 4. Said Real Property(including any portion of it or any interest in it)may not be used as security for any debt or for mitigation without the written approval of the State of California, acting through the Rivers and Mountains Conservancy, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Agreement was awarded are maintained. 5. For additional terms and conditions of the Agreement,reference should be made to the Grant Agreement,which is on file with the Rivers and Mountains Conservancy, 900 South Fremont Avenue, Annex, 2nd Floor, Alhambra, California 91802. GRANTEE: By: Title: S • Page 17 of 36 5/2/2005 Agreement Number: RMC3 • • Exhibit E • Project Development Plan The RMC expects to be continuously involved in all stages of Projects which include planning and/or development including approval of any bid or proposal document scopes prior to selecting contractors and/or consultants, involvement in the selection of contractors/consultants, and approval of any plans and technical details prior to the work being executed. Below is a list of details the RMC will need to review and approve prior to their implementation. The purpose of these procedures is to ensure that the ultimate development project will conform to our mission and goals. Planting/Landscaping Plan Component In order to adequately evaluate the project proposal please provide text as well as budget estimates that provide RMC staff sufficient detail to evaluate the ecological details of the planting/landscaping plan. The text description should provide scientific rationale for the chosen native plant palette, grouping, structure, choice of vegetation communities and how they are consistent with the overall project goals. Details including slope aspect, soils, hydrology, elevation, etc., should be considered in deciding upon a plant palette. I. Location of all plant materials, a legend with botanical and common names, and size of plant materials; 2. Existing and proposed buildings, walls, fences, utilities, paved areas and other site improvements; • 3. Existing trees and plant materials to be removed or retained; 4. Designation of hydrology-zones. Hydro-zones are defined as a portion of the landscaped area having plants with similar water needs, areas with similar microclimate (i.e., slope, aspect, exposure, wind, etc.), and soil conditions, and areas that will be similarly irrigated. A hydro-zone can be served by one irrigation valve, or a set of valves with the same schedule; and, 5. Details and specifications for tree staking, planting details, soil preparation, irrigation requirements (amount and frequency). Grading and Drainage Plan Component I. Grading Plan (showing property lines and street names, existing and proposed buildings, walls, fences, utilities, paved areas, drainage features and other site improvements; 2. Existing and finished contour lines and spot elevations as necessary for the proposed site improvements (if applicable given scope of project); and, 3. Schematic cross sections showing site micro-topography and best management practices (does not have to be to scale). Irrigation Plan Component 1. Layout of the irrigation system and a legend summarizing the type and size of all components of the system, including the manufacturer name and model numbers; and, 2. Installation details for irrigation components. • Page 18 of 36 5/3/3005 Agreement Number: RC3 • • M Exhibit F • • RMC General Policies • The Project Development Plan (PDP) is a technical "living" document that will enable the RMC to track grant projects to ensure our mission and goals are reflected in each project. In developing the PDP, the following guiding principles must be incorporated for consistency with RMC policies; • Grantees shall exclude the use of invasive plants, as listed in the document "Exotic Pest Plants of Greatest Ecological Concern in California" (www.rmc.ca.gov) in their planting palette. Furthermore, any invasive species from this list that currently exist on the project site must be removed as part of the landscaping plan (phased removal is acceptable). • Grantees shall utilize native, indigenous plants, locally propagated to the extent possible, in their planting palette except under written authorization from RMC. A basic (but by all means not all inclusive) list of native, locally available indigenous plants is available on our website to help develop a plant palette (www.rmc.ca.gov) . • If the project involves a trail system, the guiding principles in "Planning Trails with Wildlife in Mind" available on the RMC website (www.rmc.ca.gov) must be utilized in the trail design. • Grantee will use porous materials, and/or recycled paving materials instead of impervious paving materials for portions of their projects requiring pavement (i.e., • parking lots, trails, etc.) unless prohibited by local building codes. • If lighting elements are required as part of the project Work Plan, environmentally sensitive, directional lighting must be used to minimize any impact to wildlife. Care should also be taken to control the number hours lighting is needed. • Use of sustainable energy sources, such as solar or wind power is encouraged for appropriate tasks in the Work Plan. • The use of recycled materials for fencing, benches, signage, etc., must be considered to further our mission of sustainable development. • Any irrigation installed on the project site as part of the Work Plan must be a water efficient irrigation system. In projects where turf is to be installed, both a rain sensor and a soil moisture meter are required to ensure water efficient irrigation practices. A rain sensor will halt irrigation on days it is raining, eliminating excessive water runoff. A soil moisture meter will automatically shut off irrigation when the root zone of the turf becomes saturated, preventing excessive irrigation runoff. • The use of appropriate storm water best management practices (BMPs) must be utilized on the project site. In areas where grading, vegetation clearing, or planting occur, BMPs must be utilized to control excessive erosion while vegetation becomes established. (See http://www.cabmphandbooks.com for more information.) • Page 19 of 36 5/2/2005 Agreement Number: RMC3 • • Exhibit G • • Grantee Certification Clauses 1. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the nondiscrimination program requirements. (GC 12990 (a-f) and CCR, Title 2, Section 8103) (Not applicable to public entities.) 2. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, • 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1)'receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future WCA agreements if the department determines that any of the following has occurred: (1) the Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee certifies that no more than one (1)final unappealable finding of contempt of court by a Federal court has been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court which orders Grantee to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) 4. UNION ORGANIZING Grantee hereby certifies that no request for reimbursement, or payment under this agreement, will seek reimbursement for costs incurred to assist, promote or deter union organizing. • Page 20 of 36 5/2/2005 Agreement Number: RMC3 • Exhibit H • Signage Guidelines Authority All Projects funded by RMC under Proposition 40, the Clean Water, Clean Air, Safe Neighborhood Parks, and Coast Protection Bond Act of 2002, must include a posted sign acknowledging the source of the funds. Purpose Installation of signs at all Project sites is intended to acknowledge the public's support of the 2002 Resources Bond and promote the benefits provided by Bond fund assistance. Types of Signs 1. Signs posted during construction (required for specific situations) For Projects funded with RMC 2002 Bond Act funds in excess of $750,000 and/or those Project in areas of high visibility (such as near a major thoroughfare) a sign is required during construction. Recommended minimum size of sign: 4 feet x 8 feet 2. Signs Posted Upon Completion (required for all Projects) All Grantees are required to post a sign at the Project site. The sign must be available • for the final inspection of the Project. All signs must include the universal logo (see information on the logo below). There is no minimum or maximum size for the sign (other than the minimum size for the logo) as long as the sign contains the required wording (see below). Language for Sign All signs will contain the minimum language below: (Project Name) Another Project to Improve California Funded by the Rivers and Mountains Conservancy RIVERS AND MOUNTAINS CONSERVANCY California Clean Water, Clean Air, Safe Neighborhoods, and Coastal Protection Bond Act of 2002 • Current, Secretary for Resources Current (:nvernnr • Page 21 of 36 5/2/2005 Agreement Number: RMC3 • • The name of the local agency or other governing body may also be added. The sign may also • include the names (and/or logos) of other partners, organizations, individuals and elected representatives as deemed appropriate by those involved in the Project. Universal Logo All signs will contain the RMC logo. The logo will be on a template, available on line at http://www.rmc.ca.gov. The Project Manager can also provide the logo on disk. • The logo must be mounted in an area to maximize visibility and durability. • The logo must be a minimum of 2'x2'. Exceptions are permitted in the case of trails, historical sites and other areas where these dimensions may not be appropriate. Sign Construction All materials used shall be durable and resistant to the elements and graffiti. The California Department of Parks and Recreation and California Department of Transportation standards can be used as a guide for gauge of metal, quality of paints used, mounting specifications, etc. Sign Duration The goal is to have Project signs in place for a lengthy period of time, preferably a minimum of two years for all Projects and four years for Projects over$750,000. Sign Cost The cost of the sign(s) is an eligible Project cost. More permanent signage is also encouraged; e.g., bronze memorials mounted in stone at trailheads, on refurbished historical • monuments and buildings, etc. Appropriateness of Signs For Projects where the required sign may be out of place (such as some cultural and historic monuments and buildings or where affected by local sign ordinances), the Project Manager in consultation with the Applicant may authorize a sign that is appropriate to the Project in question. Alternate signage must be clearly recognizable as an RMC 2002 Bond Project. Archaeological sites are excluded from the sign requirement. Signs on State Highways Signs placed within the state highway right-of-way may require a Caltrans encroachment permit. Contact the local Caltrans District Office early in the planning phases for more information. Further Questions The Grantee should consult with the Project Manager to resolve any sign issues. The logo can be provided electronically. • Page 22 of 36 5/2/2005 Agreement Number: RMC3 • • Exhibit I Eligible and Ineligible Costs Eligible Costs - All eligible costs must be supported by appropriate documentation COSTS EXPLANATION EXAMPLES Preliminary Costs(not • Costs incurred after a Agreement with RMC has been fully executed, • CEQA compliance to exceed 20%of including planning,plan documentation,designs,appraisals and • Construction plans grant total) negotiations,permit costs,consultant costs • Permits/Appraisals • Expenditure subject to maximum of 20%of total grant • Acquisition documents,etc. Personnel or • Must be computed according to the Grantee's prevailing wage or • Wages and benefits Employee Services salary scales • Work performed by another • Must be computed on actual time spent on Project section/department in agency • Must not exceed the Grantee's established rates for similar positions Consultant Services • Costs paid to consultants necessary for the Project • Costs paid to consultants • Consultants must be paid in compliance with the Grantee's customary necessary for the Project method and rate • No consultant fee shall be paid to the Grantee's own employees without prior approval Construction • All necessary construction activities • Site preparation,grading • Construction management • Facility development • • Inspection and construction management Construction • The Grantee may only charge the cost of the actual use of the • Rental equipment Equipment equipment during the time it is being used for Project purposes • Leased equipment • The Grantee may use the California Department of Transportation's • Purchased equipment __ equipment rental rates as a guide • The Grantee shall prorate the value of the purchased equipment toward the Project based on hours of usage • The equipment use charges must be made in accordance with the Grantee's normal accounting practices • The Grantee must describe the work performed,the hours used,and related use to Project Fixed Equipment • Equipment permanently fixed to Project facility • Fixed resting areas/benches Construction Tools/ • May be purchased for specific Project,or may be drawn from central • Materials such as concrete,wood, Supplies/Materials stock if claimed costs are no higher than those the Grantee would pay etc. • Costs may be capitalized according to the Grantee's standard policy • Supplies such as fasteners,nails, • The Grantee may only claim those costs reasonably attributable to the or other hardware and non-fixed Project equipment Relocation Costs • Costs resulting in displacement of a person/business • See Chapter 16,Section 7260, • The Grantee shall comply with State Relocation Act requirements. Government Code. Acquisition Costs • Appropriate costs of acquiring real property • Purchase price/Appraisals • DGS approved appraisal costs • Title/Escrow fees • Surveying/Improvements Indirect/Overhead • Costs shall not exceed 10%of grant total • Administrative overhead Restoration/ • All required materials for restoration/rehabilitation work • Planting/Soil improvements Rehabilitation Costs • Includes removal and disposal of exotic/invasive species • Irrigation systems(temporary or permanent,as applicable) ipEnvironmentally Aimed • Components to storm water management projects that include habitat • Filtration systems BMP Measures supporting measures • Erosion control materials Page 23 of 36 5/2/2005 • • Agreement Number: RMC3 COSTS EXPLANATION EXAMPLES _ • Education • All fixed materials that serve interpretive or educational purposes • Signs/Interpretive aids/Kiosks Infrastructure Miscellaneous • Other Project-related costs • Communications expenses • Construction insurance • Signs/Interpretive aids • Transportation costs Ineligible Costs The following is a non-exclusive list of ineligible project costs: COSTS EXPLANATION EXAMPLES Operations and • Costs necessary for the short or long term operation and maintenance • Personnel or employee services Maintenance Costs of property or facilities once the property has been acquired or the • Equipment,supplies facility or area has been restored,rehabilitated,or developed Non-fixed Equipment • Equipment that is not permanently fixed to the project facility or used • Computer equipment(hardware for construction and software) • Portable equipment Playground Equipment • Active recreation equipment costs are ineligible • Swing sets,skate parks,pools, or Infrastructure ball field apparatus,basketball courts Mitigation Costs • Costs associated with exclusively fulfilling mitigation requirements • Land acquisition,development, for this or other projects restoration or rehabilitation for mitigation for this or other projects 0 Ceremonial or Publicity •• Funds may not be used for ceremonies,parties,or other publicity • Food and beverages Expenses expenses(except for required signage) • Facility rental Ineligible Travel • Travel costs not directly associated with the project • Travel expenses • Travel claimed when no work time was claimed for the same period Lobbying/Fundraising • Costs associated with grant application preparation,for this grant or • Staff time _, for others associated with this or any other project • Lobbyist fees • Costs associated with lobbying legislature or other bodies for funds • Travel expenses for this or any other project Agreement Cost • Unapproved Agreement costs overruns exceeding the allowable • Unapproved costs Overruns amount as per Agreement budget specifications • Page 24 of 36 5/2/2005 Agreement Number: RC3 • • M Exhibit J • Payment Request Form San Gabriel & Lower Los Angeles Rivers and Mountains Conservancy 900 South Fremont Avenue,Annex,2nd Floor,P.O. Box 1460,Alhambra,CA 91802-1460 1. PROJECT NUMBER 2. AGREEMENT NUMBER 3. GRANTEE 4. PROJECT TITLE 5. TYPE OF PAYMENT ADVANCE REIMBURSEMENT FINAL ❑ • ❑ 11 6. PAYMENT INFORMATION a. Grant Amount $ b. Funds Received to Date $ c. Available Grant Amount(a. minus b.) $ d. Amount of this Advance/Reimbursement Request $ e. 10%withhold(10%of this Reimbursement Request) $ f. Warrant to be issued(d. minus e.) $ • g. Remaining Grant Amount after this Payment(c. minus f.) $ h. Remaining Funds available for this Agreement(c. minus d.) $ 7. SEND WARRANT TO: GRANTEE NAME STREET ADDRESS CITY, STATE, ZIP CODE ATTENTION 8. SIGNATURE OF PERSON AUTHORIZED IN TITLE DATE AGREEMENT FOR RMC USE ONLY PAYMENT APPROVAL SIGNATURE DATE • An approved Payment Request Form (Exhibit J) constitutes as a valid invoice for payment. Page 25 of 36 5/2/2005 • • Agreement Number: RMC3 PAYMENT INSTRUCTIONS • The following instructions correspond to items on the Payment Request Form: • 1. PROJECT NUMBER-- The number assigned by the State to this Project 2. AGREEMENT NUMBER -- As shown in Certification of Funding section of the Project Agreement 3. GRANTEE -- GRANTEE name as shown on the Project Agreement 4. PROJECT TITLE -- Title of Project for which payment is requested 5. TYPE OF PAYMENT -- Check appropriate box 6. PAYMENT INFORMATION a. Grant Amount -- The amount of State Grant funds allocated to this Project b. Funds Received to Date—Total amount already received for this Project c. Available Grant Amount -- a. minus b. • d. Amount of this Advance/Reimbursement Request — Amount that is being requested e. 10% withhold— 10% of this Reimbursement Request f. Warrant to be issued—Actual amount that is being paid g. Remaining Grant Amount after this Payment—c. minus f. h. Remaining Funds available for this Agreement—c. minus d. Grantee should use this figure to budget expenses for the remaining tasks of the agreement. 7. SEND WARRANT TO—Grantee name, address and contact person 8. SIGNATURE OF AUTHORIZED PROJECT REPRESENTATIVE Payment request forms must be accompanied by a progress report detailing activities completed and an itemized list of all charges documenting check numbers, amounts, dates, recipients, and purpose of the charges. You may use the Project Summary Form in the Project Completion Packet. Payment requests should clearly identify elements of the Work Plan to which they relate. • Payment requests without complete and accurate documentation will not be approved for payment until required information is received. Page 26 of 36 5/2/2005 • • Agreement Number: RMC3 Exhibit K • • Project Costs Summary Form (Funds not previously invoiced) Grantee Name Agreement Number a. Labor Costs Summary Form, Exhibit L Total $ b. Equipment Costs Summary Form, Exhibit M Total $ c. Services and Materials Cost Summary Form, Exhibit N Total $ d. Amount of this Reimbursement Request a+ b + c $ (carry forward to Exhibit J, line "d") e. Report of Alternative Funding Expenditures, Exhibit 0 Total $ • ' Total Current Expenditures d + e $ • Page 27 of 36 5/712005 Agreement Number: RMC3 • • Exhibit L • • Labor Costs Summary Form (Funds not previously invoiced) Grantee Name Agreement Number Dates/Hrs Check # Task Staff/Personnel Pay Period Rate Warrant Total • *Total $ 'Carry Total forward to Project Costs Summary Form,Exhibit K • Page 28 of 36 5/2/2005 Agreement Number: RMC3 • • Exhibit M • • • Equipment Costs Summary Form (Funds not previously invoiced) Grantee Name Agreement Number Check # Type of Equipment Dates Work Performed Warrant Amount • *Total $ • *Carry Total forward to Project Costs Summary Form, Exhibit K Page 29 of 36 5/2/2005 Agreement Number: RMC3 • • Exhibit N • Services and Materials Costs Summary Form (Funds not previously invoiced) Grantee Name Agreement Number • Check# Task Date Recipient Warrant Total • *Total $ *Carry Total forward to Project Costs Summary Form, Exhibit K Page 30 of 36 5/2/2005 • Agreement Number: RMC3 • • • Exhibit 0 Report of Alternative Funding Expenditures (Current Payment Request) Grantee Name Agreement Number Task Funding Source Date Amount • *Total $ *Carry Total forward to Project Costs Summary Form, Exhibit K • Page 31 of 36 5/2/2005 Agreement Number: RMC3 • • Exhibit P • • Quarterly Progress Report PROGRESS REPORT# First Quarter ❑ Second Quarter ❑ Third Quarter ❑ Fourth Quarter ❑ January 1 -March 31 April 1 -June 30 July 1 - September 30 October 1 -December 31 Project Name Submitted by: "Grantee Project Representative" Date Submitted: Summary of Work Completed During This Reporting Period of Consistent w/Exhibit A Timeline Task Description of Progress Work Yes ❑ No ❑ If no,explain Complete • • Progress Report Narrative (if needed) Page 32 of 36 5/2/2005 Agreement Number: RMC3 • • • Exhibit Q Quarterly Expenditure Projection Report (Current Periods Only) First Quarter ❑ Second Quarter f l Third Quarter f l Fourth Quarter n January 1 - March 31 April 1 -June 30 July 1 - September 30 October 1 -December 31 ACTUAL PROJECTED CUMULATIVE QUARTER YEAR $ $ $ • GRAND TOTAL $ Quarter-Start with the first quarter of your actual/projected expenditures. Actual-Report only those expenditures which have been submitted on a payment request form. Projected-Report your projected expenditures on a quarterly basis. (This information is required for State Treasurer's Office purposes.) Cumulative-Subtotal your cumulative expenses on a quarterly basis for the life of your grant. • Page 33 of 36 5/2/2005 Agreement Number: RMC3 • • Exhibit R • .• Agreement Summary Form Date: PROJECT INFORMATION Project Title: Project Purpose— Problem/ Goals ("why" the project): Project Abstract (brief description of project): Which RMC program is funding this project? Please put an "X" Prop 13 ❑ Prop 40 ❑ Work Program PROJECT REPRESENTATIVE • Name: Job Title: Organization: Webpage Address: Address: Phone: — Fax number: Email: PROJECT PERFORMANCE PERIOD From: To: PARTICIPANTS AND PARTNERSHIPS LOCATION Address: Size of Project (include units): Counties included in project: • Page 34 of 36 5/2/2005 I ; r Agreement Number: RMC3 • • Biography of Grantee: Biography of Project: H) Short-term Goals: I) Long-term Goals: • PLEASE PROVIDE A HARD COPY AND AN ELECTRONIC COPY TO THE RIVERS AND MOUNTAINS CONSERVANCY. • Page 35 of 36 5/2/2005 • Agreement Number: RMC3 Exhibit S • Project Certification Form GRANTEE: AGREEMENT NUMBER: GRANTEE CONTACT FOR AUDIT PURPOSES NAME: ADDRESS: PHONE: ( ) PROJECT DESCRIPTION—List facilities developed and/or property acquired: • LIST OTHER-FUNDS ON PROJECT (SOURCES AND AMOUNTS): INTEREST EARNED ON ADVANCE GRANT AMOUNT: $ HAS A NOTICE OF COMPLETION BEEN FILED? YES NO IF NO, PLEASE EXPLAIN: CERTIFICATION: I hereby certify that all grant funds were expended on the above named Project(s) and that the Project(s) is complete and we have made final payment for all work done. • Grantee Project Representative, Title Date Page 36 of 36 5/2/2005