HomeMy WebLinkAboutResolution 2019-080Procedural Guide
for the
California Drought, Water, Parks, Climate, Coastal Protection,
and Outdoor Access for All Act of 2018
PER CAPITA PROGRAM
March 2019 Draft
State of California
The Natural Resources Agency
Department of Parks and Recreation
Office of Grants and Local Services (OGALS)
“Creating Community through People, Parks, and Programs”
Send Application and correspondence to:
Street Address for Overnight Mail:
Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
1416 Ninth Street, Room 918
Sacramento, CA 95814
Mailing Address:
Calif. Dept. of Parks and Recreation
Office of Grants and Local Services
P.O. Box 942896
Sacramento, CA 94296-0001
Phone: (916) 653-7423
Website: www.parks.ca.gov/grants
2018-2019 California State Budget, Chapter 29
Budget Item 3790-101-6088 (b) - $185,000,000 shall be available for the Local
Park Rehabilitation, Creation in Urban Areas Program, consistent with subdivision
(a) of Section 80061 of the Public Resources Code.
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STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
Department Mission
The mission of the California Department of Parks and Recreation is to provide for the
health, inspiration, and education of the people of California by helping to preserve the
state’s extraordinary biological diversity, protecting its most valued natural and cultural
resources, and creating opportunities for high-quality outdoor recreation.
Community Engagement Division Mission
The mission of the Community Engagement Division is to encourage healthy
communities by connecting people to parks, supporting innovative recreational
opportunities, embracing diversity, fostering inclusivity, and delivering superior customer
service, with integrity for the enrichment of all.
The Office of Grants and Local Services Mission
The mission of the Office of Grants and Local Services is to address California’s diverse
recreational, cultural and historical resource needs by developing grant programs,
administering funds, offering technical assistance, building partnerships and providing
leadership through quality customer service.
OGALS VISION GOALS
To Be:
A leader among park and recreation professionals.
Proactive in anticipating public park and recreation needs and how new legislation
and grant programs could best meet these needs.
Honest, knowledgeable and experienced grant administration facilitators.
Sensitive to local concerns while mindful of prevailing laws, rules and regulations.
Perceptive to opportunities for partnerships, growth and renewal where few existed
before.
Committed to providing quality customer service in every interaction and
transaction.
Responsive to the needs of applicants, grantees, nonprofit organizations, local
governments, legislative members, and department employees.
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TABLE OF CONTENTS
PER CAPITA PROGRAM DESCRIPTION ........................................................................ 4
Eligible Recipients (PRC §80062) ...................................................................................... 4
Eligible Projects ................................................................................................................. 5
GRANT PROCESS ............................................................................................................ 5
Authorizing Resolution ....................................................................................................... 6
APPLICATION SECTION .................................................................................................. 9
Application Packet Checklist ............................................................................................ 10
Per Capita Project Application Form ................................................................................ 11
Per Capita Match ............................................................................................................. 12
Acquisition Projects .......................................................................................................... 13
Eligible Acquisition Costs ................................................................................................. 14
Development Projects ...................................................................................................... 15
Community Access Projects ............................................................................................ 17
Development Project Scope/Cost Estimate Form ............................................................ 19
Community Access Project Scope/Cost Estimate Form................................................... 20
Funding Sources Form ..................................................................................................... 21
CEQA Compliance Certification ....................................................................................... 22
Land Tenure ..................................................................................................................... 23
Site Plan ....................................................................................................................... 25
Sub-leases or Agreements ............................................................................................... 25
Greenhouse Gas Emissions Reduction and Carbon Sequestration. ................................ 25
SPECIAL REQUIREMENTS ............................................................................................ 26
Status Report ................................................................................................................... 26
Bond Act Sign .................................................................................................................. 28
Deed Restriction .............................................................................................................. 29
GRANT PAYMENT SECTION ......................................................................................... 33
Payment Request Form ................................................................................................... 34
Grant Expenditure Form ................................................................................................... 35
Project Completion Packet ............................................................................................... 36
PER CAPITA CONTRACT .............................................................................................. 41
ACCOUNTING AND AUDITS .......................................................................................... 48
Accounting Requirements ................................................................................................ 48
Audit Checklist ................................................................................................................. 49
REFERENCES ................................................................................................................ 50
Public Resources Code relating to the Per Capita program ............................................. 50
Allocation Tables .............................................................................................................. 53
DEFINITIONS .................................................................................................................. 53
Words and terms shown in SMALL CAPS are found in the definitions section.
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Per Capita Program Description
Background
This program originates from Proposition 68, placed on the ballot via Senate Bill 5
(DeLeon, Chapter 852, statutes of 2017), and approved by voters on June 5, 2018.
Funds for the program were appropriated via State Budget item 3790-101-6088(b).
Legislative program information is found in the Public Resources Code (PRC) beginning
at §80000 (see page 50).
General Per Capita Program: $185,000,000
Funds are available for local park rehabilitation, creation, and improvement grants to
local governments on a per capita basis. Grant recipients are encouraged to utilize
awards to rehabilitate existing infrastructure and to address deficiencies in
neighborhoods lacking access to the outdoors (PRC §80061(a)).
Urban County Per Capita: $13,875,000
Additional funds are available for Per Capita grants to cities and districts in urbanized
counties (a county with a population of 500,000 or more) providing park and recreation
services within jurisdictions of 200,000 or less in population. An entity eligible to receive
funds under this subdivision shall also be eligible to receive funds available under the
General Per Capita Program (PRC §80061(b)).
Eligible Recipients (PRC §80062)
Sixty percent (60%) of the General Per Capita funds are allocated to the following
entities based on population. The minimum allocation is $200,000.
Cities
Eligible Districts, other than a regional park district, regional park and open -space
districts, and regional open-space districts1
Forty percent (40%) of the General Per Capita funds are allocated to the following
entities based on population. The minimum allocation is $400,000.
Counties
Regional park districts, regional park and open space districts, and regional open
space districts
Allocations
Specific entities eligible for funding and their allocations can be found beginning on
page 53.
1 For purposes of this chapter, “district” means any regional park district, regional park and open-
space district, or regional open-space district formed pursuant to Article 3 (commencing with
§5500) of Chapter 3 of Division 5, any recreation and park district formed pursuant to Chapter 4
(commencing with §5780) of Division 5, or any authority formed pursuant to Division 26
(commencing with §35100). With respect to any community or unincorporated region that is not
included within a district, and in which no city or county provides parks or recreational areas or
facilities, “district” also means any other entity, including, but not limited to, a district operating
multiple-use parklands pursuant to Division 20 (commencing with §71000) of the Water Code.
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Eligible Projects
PROJECTS must be for recreational purposes, either acquisition or DEVELOPMENT. Do
not submit combined acquisition and development projects.
Up to 5% of the allocation may be used for a COMMUNITY ACCESS PROJECT (PRC
§80008(c)(1)).
Multiple PROJECTS may be completed under one contract; each PROJECT requires a
separate APPLICATION PACKET.
A PROJECT can only have one location. One PROJECT that serves several parks is not
permitted.
GRANTEES are encouraged to partner with other GRANTEES on PROJECTS (PRC
§80063(b)). See page 53 for information on allocation transfers.
Match
PROJECTS not serving a “severely disadvantaged community” (median household income
less than 60% of the statewide average) require a 20% match (see page 12) (PRC
§80061(c)).
No Supplanting
GRANTEES must use Per Capita grant funds to supplement existing expenditures, rather
than replace them (PRC §80062(d)). For example, a GRANTEE has a budget for
recreational capital expenditures of $500,000 per year, and is receiving a $200,000
allocation under the Per Capita program. The budget cannot be reduced to $300,000,
with the Per Capita funds making up the difference.
Similarly, if a PROJECT has been approved by the governing body, and a funding source
has been identified, Per Capita funds cannot be swapped in as a new funding source
unless the prior funding source is applied to another recreational capital project.
GRANTEES should keep all documents indicating intent to use Per Capita grant funds for
PROJECTS.
Grant Process
GRANT PERFORMANCE PERIOD: July 1, 2018 – June 30, 2022
1. Resolution (submit no later than November 1, 2019): GRANTEE passes one
resolution approving the filing of all applications associated with the contract, and
forwards a copy to OGALS.
2. APPLICATION PACKET(s) (submit no later than January 31, 2020): The GRANTEE
defines the PROJECT SCOPE(s) and amount of grant funds needed for each PROJECT.
As PROJECTS are identified, the GRANTEE submits individual APPLICATION PACKET(s) to
OGALS. OGALS reviews each APPLICATION PACKET and sends a letter of approval to the
GRANTEE or requests additional information.
3. Contract (sign and submit no later than March 31, 2020): OGALS will forward a
contract to the GRANTEE once a PROJECT APPLICATION PACKET has been approved.
OGALS will encumber the total amount of approved applications. As GRANTEE submits
additional APPLICATION PACKETS, OGALS will amend the contract to reflect the total
PROJECT amount for all approved APPLICATION PACKETS, up to the allocation amount.
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a. The contract section, beginning on page 41, includes a sample contract.
b. The GRANTEE must return the contract signed by the AUTHORIZED
REPRESENTATIVE to OGALS no later than March 31, 2020.
c. OGALS returns a copy of the fully executed contract to the GRANTEE.
4. Payments and end of GRANT PERFORMANCE PERIOD: GRANTEE requests payments
for ELIGIBLE COSTS. The grant payments section, beginning on page 33, provides
payment request instructions and forms.
a. The GRANTEE may request payments after each PROJECT is approved by OGALS.
b. The GRANTEE completes PROJECT SCOPE(s) no later than December 31, 2021.
c. The GRANTEE sends PROJECT COMPLETION PACKET(s) to OGALS no later than
March 31, 2022.
d. OGALS processes the final payment request after each PROJECT is complete as
documented by the GRANTEE in the PROJECT COMPLETION PACKET, and as verified
by OGALS by conducting a site inspection.
5. Accounting and Audit: DPR’s Audits Office may conduct an audit. The GRANTEE is
required to retain all PROJECT records for five years following issuance of the final
GRANT payment or PROJECT termination, whichever is later. The Accounting and
Audit Section, beginning on page 48, provides directions and an Audit Checklist
for DPR audit and accounting requirements.
Authorizing Resolution
GRANTEE passes one resolution approving the filing of all applications associated with
the contract, and forwards a copy to OGALS.
The Authorizing Resolution on the following page may be reformatted; however, the
language provided in the resolution must remain unchanged .
The Authorizing Resolution serves two purposes:
1. It is the means by which the GRANTEE’S Governing Body agrees to the terms of
the contract; it provides confirmation that the GRANTEE has the funding to
complete, operate and maintain PROJECTS associated with the contract.
2. Designates a position title to represent the Governing Body on all matters
regarding PROJECTS associated with the contract. The incumbent in this position
is referred to as the AUTHORIZED REPRESENTATIVE.
Resolution items 4, 5, 7, 8 and 9 are all required by Proposition 68.
Complete the highlighted areas of the Authorizing Resolution. The AUTHORIZED
REPRESENTATIVE can delegate signatory authority to other individuals (by position titl e)
either in entirety or for particular documents. This may be included in item 11 of the
resolution, or the AUTHORIZED REPRESENTATIVE may submit a letter (on letterhead) or
email to OGALS delegating authority.
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Resolution Form
Resolution No: __________________
RESOLUTION OF THE (Title of Governing Body/City Council, Board of Supervisors)
OF (City, County, or District) APPROVING APPLICATION(S) FOR PER CAPITA
GRANT FUNDS
WHEREAS, the State Department of Parks and Recreation has been delegated
the responsibility by the Legislature of the State of California for the administration of
the Per Capita Grant Program, setting up necessary procedures governing
application(s); and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the grantee’s Governing Body to certify by resolution the approval of
project application(s) before submission of said applications to the State; and
WHEREAS, the grantee will enter into a contract with the State of California to
complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the (grantee’s governing body)
hereby:
1. Approves the filing of project application(s) for Per Capita program grant
project(s); and
2. Certifies that said grantee has or will have available, prior to commencement of
project work utilizing Per Capita funding, sufficient funds to complete the
project(s); and
3. Certifies that the grantee has or will have sufficient funds to operate and maintain
the project(s), and
4. Certifies that all projects proposed will be consistent with the park and recreation
element of the [city/county/district’s] general or recreation plan (PRC §80063(a)),
and
5. Certifies that these funds will be used to supplement, not supplant, local
revenues in existence as of June 5, 2018 (PRC §80062(d)), and
6. Certifies that it will comply with the provisions of §1771.5 of the State Labor
Code, and
7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the
“Presidential Memorandum--Promoting Diversity and Inclusion in Our National
Parks, National Forests, and Other Public Lands and Waters,” dated January 12,
2017, the [city/county/district] will consider a range of actions that include, but are
not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, low-
income, and disabled populations and tribal communities, to increase awareness
within those communities and the public generally about specific programs and
opportunities.
(B) Mentoring new environmental, outdoor recreation, and conservation leaders
to increase diverse representation across these areas.
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(C) Creating new partnerships with state, local, tribal, private, and nonprofit
organizations to expand access for diverse populations.
(D) Identifying and implementing improvements to existing programs to increase
visitation and access by diverse populations, particularly minority, low -income,
and disabled populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in
public communications and educational strategies, including through social
media strategies, as appropriate, that target diverse populations.
(F) Developing or expanding coordinated efforts to promote youth engagement
and empowerment, including fostering new partnerships with diversity-serving
and youth-serving organizations, urban areas, and programs.
(G) Identifying possible staff liaisons to diverse populations.
8. Agrees that to the extent practicable, the project(s) will provide workforce
education and training, contractor and job opportunities for disadvantaged
communities (PRC §80001(b)(5)).
9. Certifies that the grantee shall not reduce the amount of funding otherwise
available to be spent on parks or other projects eligible for funds under this
division in its jurisdiction. A one-time allocation of other funding that has been
expended for parks or other projects, but which is not available on an ongoing
basis, shall not be considered when calculating a recipient’s annual
expenditures. (PRC §80062(d)).
10. Certifies that the grantee has reviewed, understands, and agrees to the General
Provisions contained in the contract shown in the Procedural Guide; and
11. Delegates the authority to the (designated position, not name of person
occupying position), or designee to conduct all negotiations, sign and submit all
documents, including, but not limited to applications, agreements, amendments,
and payment requests, which may be necessary for the completion of the grant
scope(s); and
12. Agrees to comply with all applicable federal, state and local laws, ordinances,
rules, regulations and guidelines.
Approved and adopted the _____day of ______________, 20_______.
I, the undersigned, hereby certify that the foregoing Resolution Number_____ was duly
adopted by the (grantee’s governing body) following a roll call vote:
Ayes: ____
Noes: ____
Absent: ____
(Clerk)
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Application Section
GRANTEE may submit multiple APPLICATION PACKETS.
Separate APPLICATION PACKETS are required for each PROJECT site.
Provide all APPLICATION PACKET items in the order shown in the following checklist.
Submitted documents need not contain “wet” signatures; but the GRANTEE must
keep all original signed documents.
If submitting hard copies, number all pages of the APPLICATION PACKET.
GRANTEES are encouraged to submit documents digitally, as .pdf files. E-mail each
APPLICATION PACKET item to the PROJECT OFFICER as a separate digital file, labeled
as the application item.
OGALS will send a contract to the GRANTEE once a PROJECT APPLICATION PACKET has been
approved. OGALS will encumber the total amount of approved applications. As GRANTEE
submits additional applications, OGALS will amend the contract to reflect the total PROJECT
amount for all approved applications, up to the allocation amount.
Any costs incurred prior to finalizing the contract are at the GRANTEE’S own risk.
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State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Application Packet Checklist
GRANTEES must complete the checklist below and submit it with the APPLICATION PACKET.
An APPLICATION PACKET is not complete unless all items on the checklist are submitted.
Each PROJECT requires its own APPLICATION PACKET.
Check if included Check if not applicable
Application Item
Procedural
Guide
Page #
Check when
signed by
AUTHORIZED
REPRESENTATIVE
Application
Packet
Page #
Application Packet Checklist Pg. 10 Pg._____
Application Pg. 11 Pg._____
Development Project Scope/Cost
Estimate, or Pg. 19 Pg._____
Community Access Project
Scope/Cost Estimate, or Pg. 20 Pg._____
Acquisition Requirements Pg. 13 Pg._____
Funding Sources Form Pg. 21 Pg._____
Per Capita Match Calculator Pg. 12 Pg._____
CEQA Compliance Certification Pg. 22 Pg._____
Land Tenure documentation Pg. 23 Pg._____
Sub-Leases or Agreements Pg. 25 Pg._____
Site Plan Pg. 25 Pg._____
GHG Emissions Reduction
Worksheet Pg. 25 Pg._____
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State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Per Capita Project Application Form
PROJECT NAME REQUESTED GRANT AMOUNT
$
MATCH AMOUNT (if project is not serving a
severely disadvantaged community)
$
PROJECT SITE NAME and PHYSICAL ADDRESS where
PROJECT is located (including zip code)
LAND TENURE ( all that apply) (not
required for COMMUNITY ACCESS
PROJECTS)
Owned in fee simple by GRANTEE
Available (or will be available) under
a _________ year lease or easement
NEAREST CROSS STREET
(Check one) Project is for Acquisition ☐ Development ☐ Community Access ☐
COUNTY OF PROJECT LOCATION
GRANTEE NAME AND MAILING ADDRESS
AUTHORIZED REPRESENTATIVE AS SHOWN IN RESOLUTION
___________________________________________________________________________________
Name (typed or printed) and Title Email address Phone
GRANT CONTACT - For administration of grant (if different from AUTHORIZED REPRESENTATIVE)
___________________________________________________________________________________
Name (typed or printed) and Title Email address Phone
GRANT SCOPE: I represent and warrant that this APPLICATION PACKET describes the intended use of the
requested GRANT to complete the items listed in the attached Grant Scope/Cost Estimate Form or
acquisition documentation. I declare under penalty of perjury, under the laws of the State of California, that
the information contained in this APPLICATION PACKET, including required attachments, is accurate.
____________________
Signature of AUTHORIZED REPRESENTATIVE as shown in Resolution Date
Print Name
Title
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Per Capita Match
PROJECTS that do not serve severely disadvantaged communities (median household
income less than 60% of the statewide average) must include 20% match from the
GRANTEE (PRC §80061(c)).
Costs incurred to provide match must be eligible costs.
Visit the website parksforcalifornia.org/percapita and follow the instructions; submit the
report with the APPLICATION PACKET.
Eligible match sources
Federal funds
Local funds
Private funds
IN-HOUSE EMPLOYEE SERVICES
Volunteer labor
Ineligible match source
State funds
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Acquisition Projects
Acquisition Requirements
1. Purchase price cannot exceed the appraised value, even if the GRANTEE is willing to
pay the difference.
2. Land cannot be acquired through eminent domain.
3. Associated acquisition costs, such as appraisals, escrow fees, title insurance, etc.,
combined must be less than 25% of the PROJECT costs.
4. A deed restriction must be recorded on the property after the acquisition is complete.
5. Land must be open to the public for recreational purposes within three years from
the date the final payment is issued by the State Controller’s Office (SCO).2
6. GRANTEE must provide Title Insurance.
7. PROJECTS must be consistent with the park and recreation element of the
[city/county/district’s] general or recreation plan (PRC §80063(b)).
8. Per Capita funds must be used to supplement, not supplant, local revenues in
existence as of June 5, 2018 (PRC §80062(d)).
Acquisition Grant Scope/Cost Estimate
Provide the following information on a document signed by the AUTHORIZED
REPRESENTATIVE:
A brief description, for example, “Acquisition of approximately (enter total acreage
to be acquired) for the development of ___ park by (enter date no later than three
years from the date final payment is issued by the SCO).”
Estimated total costs for land and relocation
Estimated total costs other than the purchase price and relocation costs, such as
appraisals, escrow fees, title insurance fees, deed restriction recordation costs
Acquisition Documentation
For each parcel to be acquired, submit the following documents:
1. An appraisal conducted within the last twelve months
2. A separate letter from an independent third party, AG rated appraiser certified by
the California Office of Real Estate Appraisers stating the appraisal was reviewed,
and was completed using acceptable methods
3. County Assessor’s parcel map, showing parcel number and parcel to be acquired
4. Estimated value of each parcel to be acquired with a description of how that value
was determined (such as the listed price on MLS, in-house estimation, website
evaluation, assessed value)
5. Acreage of each parcel to be acquired
6. A description of any encumbrances that will remain on the property, such as
grazing, timber, mineral rights or easements
7. A brief description of the intended recreational use of the land with the estimated
date by which the site will be open to the public for recreational purposes
2 Grantees will see this date on their project complete letter – “A final payment was issued by the SCO on
xx/xx/20xx”
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8. A letter from the seller indicating a willingness to enter into negotiations to sell the
property, and indicating the seller’s understanding that the State cannot participate
in acquisitions for more than the appraised value
For easement acquisitions, in addition to the requirements above, provide:
9. A copy of the proposed easement guaranteeing the authority to use the property for
the purposes specified in the application.
For relocation costs, in addition to the requirements above, provide:
10. A letter signed by the AUTHORIZED REPRESENTATIVE, listing the relocation costs for
each displaced tenant, certifying that the relocation amount does not exceed the
maximum allowed pursuant to Government Code §§7260-7277.
Eligible Acquisition Costs
IN-HOUSE EMPLOYEE SERVICES – see accounting rules for more information (page
48)
GRANT administration and accounting
Public meetings/focus groups/design workshop
Appraisals, escrow fees, surveying, other costs associated with acquisition
Cost of land
Ineligible Acquisition Costs – Cannot be charged to the grant
Acquisitions to fulfill any mitigation requirements imposed by law (PRC §80020)
Land acquired outside state
Costs incurred outside the grant performance period
Development costs
Acquisitions for less than fee title
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Development Projects
Development Project Requirements
1. PROJECTS must be consistent with the park and recreation element of the GRANTEE’S
general or recreation plan (PRC §80063(b)).
2. Per Capita funds must be used to supplement, not supplant, local revenues in
existence as of June 5, 2018 (PRC §80062(d)).
3. Contracted work must comply with the provisions of §1771.5 of the State Labor Code.
4. GRANTEE must have adequate liability insurance, performance bond, or other security
necessary to protect the State and GRANTEE’S interest against poor workmanship,
fraud, or other potential loss associated with the completion of the PROJECT.
5. PRE-CONSTRUCTION COSTS may not exceed 25% of the PROJECT amount.
6. The primary purpose of any building constructed or improved must be public
recreation. Renovating a gymnasium that includes office space for staff is eligible;
renovating GRANTEE’S office building is not.
7. PROJECTS must be accessible, including an accessible path of travel to the PROJECT.
Eligible Development Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are
examples of eligible costs, and not inclusive. Contact OGALS if you have any questions
regarding a PROJECT cost.
Eligible Pre-construction Costs – up to 25% of PROJECT costs; incurred prior to
groundbreaking as determined by the GRANTEE
Public meetings, focus groups, design workshops
Plans, specifications, construction documents, and cost estimates
Permits
CEQA
Bid preparation and packages
IN-HOUSE EMPLOYEE SERVICES prior to groundbreaking
Grant administration and accounting prior to groundbreaking
Eligible Construction Costs – up to 100% of the PROJECT costs; incurred after
groundbreaking.
Construction – necessary labor and construction activities to complete the
PROJECT, including site preparation (demolition, clearing and grubbing,
excavation, grading), onsite implementation and construction supervision
Equipment – Equipment use charges (rental and in-house) must be made in
accordance with GRANTEE’S normal accounting practices.
Bond and other signs
Premiums on hazard and liability insurance to cover personnel or property
Site preparation
Purchase and installation of equipment: security cameras, lighting, signs, display
boards, sound systems, video equipment, etc.
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Construction management: including site inspections and PROJECT administration
Miscellaneous: other costs incurred during the construction phase, such as
transporting materials, equipment, or personnel, and communications
Employee services after groundbreaking
GRANT administration and accounting after groundbreaking
Ineligible Development Costs – Cannot be charged to the grant
PRE-CONSTRUCTION COSTS that exceed 25% of the PROJECT costs
Development to fulfill any mitigation requirements imposed by law (PRC §80020)
All non-capital costs, including interpretive and recreational programming,
software and software development
Construction or improvements to facilities that are not primarily designated for
recreational purposes, such as park district offices
Furniture or equipment not site specific and not necessary for the core function of
a new facility (non-capital outlay)
Costs incurred before or after the GRANT PERFORMANCE PERIOD
Indirect costs – overhead business expenses of the GRANTEE’S fixed or ordinary
operating costs (rent, mortgage payments, property taxes, utilities, etc.)
Food and beverages
Out-of-state travel
Repairs – activities performed to a section of a structure that are intended to
allow the continued use.
Maintenance – activities intended to be performed on a regular basis to maintain
the expected useful life of a structure.
Fundraising
Distinguishing capital outlay from maintenance and repair:
Capital outlay – building something new, or in regards to existing structures,
activities intended to boost the condition beyond its original or current state.
Repairs – activities performed to a section of a structure that are intended to
allow the continued use.
Maintenance – activities intended to be performed on a regular basis to maintain
the expected useful life of a structure.
Examples:
Roof – replacing broken shingles is maintenance; fixing a hole is repair; replacing
the roof is capital outlay.
Playground – adding additional fall material is maintenance; fixing the chains on a
swing set is repair; replacing the play structures is capital outlay.
Windows – repairing the glazing is maintenance; replacing broken panes is repair;
replacing the windows is capital outlay.
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Community Access Projects
Community Access Project Requirements
1. PROJECTS must be consistent with the park and recreation element of the GRANTEE’S
general or recreation plan (PRC §80063(b)).
2. Per Capita funds must be used to supplement, not supplant, local revenues in
existence as of June 5, 2018 (PRC §80062(d)).
3. Contracted work must comply with the provisions of §1771.5 of the State Labor
Code.
4. GRANTEE must have adequate liability insurance, performance bond, or other security
necessary to protect the State and GRANTEE’S interest against poor workmanship,
fraud, or other potential loss associated with the completion of the PROJECT.
Eligible Community Access Project Costs
All costs must be incurred within the GRANT PERFORMANCE PERIOD. Costs listed below are
examples of eligible costs, and not inclusive. Contact OGALS if you have any questions
regarding a PROJECT cost.
Meetings: public meetings/focus groups, GRANTEE planning sessions
PROJECT management (excluding grant writing) and accounting
Non-capital costs, including interpretive and recreational programming, software
and software development
IN-HOUSE EMPLOYEE SERVICES related to PROJECT activities.
Equipment (the cost of equipment or vehicle(s) currently owned by the grantee ):
such equipment or vehicle(s) may be charged to the grant for each use. The
GRANTEE shall maintain a log that describes the activities conducted and the time
that the equipment or vehicle is used, as related to the grant scope, as well as a
license number or vehicle identification number.
GRANTEE may also rent or purchase the equipment or vehicle(s), whichever is
the most economical use of grant funds.
Purchased equipment or vehicle(s): residual market value shall be credited to
the project costs upon completion.
Supplies and materials: activity supplies, educational materials, communication
materials, etc. Supplies and materials may be drawn from central stock if claimed
costs are no higher than those the grantee would pay if purchased elsewhere.
Miscellaneous costs: other costs incurred, such as transporting materials or
personnel.
Ineligible Community Access Project Costs
Costs incurred before or after the grant performance period
Indirect costs – overhead business expenses of the grantee’s fixed or ordinary
operating costs (rent, mortgage payments, property taxes, utilities, etc.)
Food and beverages
Out-of-state travel
Capital outlay expenditures
Costs associated with master plans
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Repairs and maintenance by IN-HOUSE EMPLOYEE SERVICES
Fundraising
Accounting Rules for In-House Employee Services
GRANTEES must follow these accounting practices for services performed by its
employees to be eligible for reimbursement:
Maintain time and attendance records as charges are incurred, identifying the
employee through a name or other tracking system, and that employee’s actual
time spent on the PROJECT.
Time estimates, including percentages, for work performed on the PROJECT are
not acceptable.
Time sheets that do not identify the specific employee’s time spent on the
PROJECT are not acceptable.
Costs of the salaries and wages must be calculated according to the GRANTEE’S
wage and salary scales, and may include benefit costs such as vacation, health
insurance, pension contributions and workers’ compensation.
Overtime costs may be allowed under the GRANTEE’S established policy,
provided that the regular work time was devoted to the same PROJECT.
May not include overhead or cost allocation. These are the costs generally
associated with supporting an employee, such as rent, personnel support, IT,
utilities, etc.
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State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Development Project Scope/Cost Estimate Form
GRANTEE: _________________________ Project Name: _______________________
Development project scope (Describe the PROJECT in 30 words or less):
Project Scope Items - all that apply:
Install
new
Renovate
existing
Replace
existing Recreation Element
Pool, aquatic center, splash pad
Trails or walking paths
Landscaping or irrigation
Group picnic, outdoor classrooms, other gathering spaces
Play equipment, outdoor fitness equipment
Sports fields, sports courts, court lighting
Community center, gym, other indoor facilities
Restroom, concession stand
Other:________________________________________
Other:________________________________________
Minor elements which support one or more of the recreation
elements checked above: benches, lighting, parking, signage, etc. Total estimated cost for construction: $
PRE-CONSTRUCTION (costs incurred prior to ground-breaking, such as design,
permits, bid packages, CEQA); up to 25% of total project cost. $
Total PROJECT cost: $
Subtract GRANTEE match if not in severely disadvantaged community (20% of
total PROJECT Cost)
$ -
Total PROJECT amount requested:
$
The GRANTEE understands that all elements listed on this form must be complete and open to the
public before the final grant payment will be made.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
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State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Community Access Project Scope/Cost Estimate Form
GRANTEE: _________________________ Project Name: ______________________
Project site:
Project Scope Items - all that apply and provide a brief description:
Transportation (for recreation programs)
Physical activity programming (sport leagues, dance, exercise, etc.)
Resource interpretation
Multilingual translation
Natural science
Workforce development and career pathways
Education
Communication related to water, parks, climate, coastal protection, and other outdoor
pursuits
Total PROJECT cost: $ Subtract GRANTEE match if not in severely disadvantaged community (20% of
total PROJECT Cost)
$ - Total PROJECT amount requested:
$
The GRANTEE understands that all elements listed on this form must be complete and available to
the public before the final grant payment will be made.
AUTHORIZED REPRESENTATIVE Signature Date
Print Name and Title
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State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Funding Sources Form
GRANTEE: _________________________ Project Name: _______________________
PROJECTS funded by the program are not complete until the grant SCOPE is complete.
If Per Capita grant funds will be used as part of the funding for a larger project,
GRANTEES can do one of the following:
1. Identify a smaller subset of the larger project that can be completed. That smaller
project will be the grant SCOPE.
2. Incorporate the funds from the Per Capita grant into the larger project. The larger
project will be the grant SCOPE.
Per Capita funds will / will not (circle one) be used as part of the funding for a larger
project.
If Per Capita grant funds will be used as part of the funding for a larger project, briefly
describe the scope of that larger project:
The total cost of the larger project that these grant funds will contribute to is: $________
Anticipated completion date: _________________
List all funds that will be used. Submit revised Funding Sources form should funding
sources be added or modified.
Funding Source Date Committed Amount
Per Capita/State of California July 1, 2018 $
_______________________________________________ _____________________
AUTHORIZED REPRESENTATIVE Signature Date
______________________________________________________________________
Print Name and Title
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State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
CEQA Compliance Certification
Not required for COMMUNITY ACCESS PROJECTS
GRANTEE: __________________________________________________________
Project Name: ______________________________________________________
Project Address: ___________________________________________________
Is CEQA complete? Yes No Is completing CEQA a project scope item? Yes No
What document was filed, or is expected to be filed for this project’s CEQA analysis:
Date complete/expected to be completed
Notice of Exemption (attach recorded copy if filed) ___________
Notice of Determination (attach recorded copy if filed) ___________
Other: ____________________________ ___________
If CEQA is complete, and a Notice of Exemption or Notice of Determination was not filed, attach
a letter from the Lead Agency explaining why, certifying the project has complied with CEQA
and noting the date that the project was approved by the Lead Agency.
Lead Agency Contact Information:
Agency Name: ______________________________________________________________
Contact Person: _____________________________________________________________
Mailing Address: _____________________________________________________________
Phone: ( ) ___________________ Email: __________________________________
Certification:
I hereby certify that the above referenced Lead Agency has complied or will comply with the
California Environmental Quality Act (CEQA) and that the project is described in adequate and
sufficient detail to allow the project’s construction or acquisition.
I further certify that the CEQA analysis for this project encompasses all aspects of the work to
be completed with grant funds.
______________________________ ________ ____________________________
AUTHORIZED REPRESENTATIVE Date AUTHORIZED REPRESENTATIVE
(Signature) (Printed Name and Title)
FOR OGALS USE ONLY
CEQA Document Date Received PO Initials
NOE NOD
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Land Tenure
The purpose of the land tenure requirement is to verify that the GRANTEE has sufficient
legal rights to the property to fulfill the terms of the contract.
PROJECT amounts up to $100,000 require at least 20 years of land tenure at the
site to be acquired or developed.
PROJECT amounts greater than $100,000 require at least 30 years of land tenure
at the site to be acquired or developed.
The 20 or 30 year land tenure requirement begins on July 1, 2018.
The GRANTEE remains responsible for fulfillment of the terms of the contract, even
if the GRANTEE’S land tenure agreement changes within the contract
PERFORMANCE PERIOD.
Not applicable to COMMUNITY ACCESS PROJECTS.
Land Tenure Ownership Documentation
If the GRANTEE owns PROJECT site in fee simple, provide one of the following:
Deed or deed recordation number, or
Title report, or
Tract map or assessor’s map with owner’s name
Land Tenure Non-Ownership Documentation
If the GRANTEE does not own the PROJECT site in fee simple, provide:
Land Tenure Agreement Checklist (page 24)
Signed land tenure agreement
If the grantee does not own the project site in fee simple, and the existing land tenure
agreement does not meet the requirements shown in the Land Tenure Checklist,
provide
Land Tenure Agreement Checklist (page 24)
Signed land tenure agreement
An explanation as to how the existing land tenure agreement adequatel y protects
the State’s interest. OGALS will review and determine if the land tenure is
sufficient.
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Land Tenure Agreement Checklist
If the GRANTEE does not own the land in fee simple, complete this checklist. Attach a
copy of the signed land tenure agreement. Identify the page numbers where the
required items can be found in the land tenure agreement and highlight the provisions in
the agreement where the information is located. All items are required.
GRANTEE: __________________________ Project Name: _______________________
Page Required Item
□ Type of agreement: For example: lease, joint powers agreement,
easement, memorandum of understanding, etc.
____________________________________________________
□
Parties to the agreement (land owner must be public agency or utility)
and date signed:
Party Date Signed
__________________________________ ________________
__________________________________ ________________
__________________________________ ________________
□ Term of the agreement: ____ years
□
Agreement end date: _______________________
Grant amounts up to $100,000 require at least 20 years of land tenure.
Grant amounts above $100,000 require at least 30 years of land tenure.
The land tenure requirement begins on July 1, 2018.
□ Renewal option: Must include an option, which can be non-binding, for the
GRANTEE to renew the agreement beyond the original 20 or 30 year term.
□
Termination clause: Any of the following is acceptable:
No termination clause – the agreement is non-revocable.
Termination clause specifies the agreement is revocable only for cause.
The termination clause cannot allow the land owner to revoke the
agreement without cause, i.e., at will.
□
Site Control, Roles and Responsibilities should the GRANT be awarded,
the agreement:
Authorizes the GRANTEE to proceed with the construction PROJECT. The
GRANTEE may delegate construction to other entities.
Establishes when the general public can use the PROJECT and gives
GRANTEE permission to operate the PROJECT site (such as scheduling
recreational programs). The GRANTEE may delegate operational roles to
other entities but is bound through the contract provisions to ensure full
public access for the duration of the land tenure period.
Identifies which entity will maintain the PROJECT site. The GRANTEE may
delegate maintenance to other entities but is bound through the contract
provisions to ensure maintenance of the PROJECT site for the duration of
the land tenure period.
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Site Plan
Provide a drawing showing where all the items listed in the PROJECT SCOPE/Cost
Estimate Form will be located. To ensure that any building use meets the requirements
of the program, include the function and approximate square footage of each room
within buildings that are part of the SCOPE, and the approximate total square footage of
the buildings. It does not need to be a detailed engineering rendering. Not required for
COMMUNITY ACCESS PROJECT applications.
Sub-leases or Agreements
Provide a list of all other leases, agreements, memoranda of understanding, etc.,
affecting PROJECT property or its operation and maintenance.
Greenhouse Gas Emissions Reduction and Carbon Sequestration.3
If your PROJECT involves tree planting, follow the instructions below. If your PROJECT does
not involve tree planting, check the N/A box for this item on the Application Checklist.
Before getting started, gather the following information about your PROJECT:
Tree species
Size of trees at planting
Information on the distance and direction to the nearest building (if applicable)
Information on the age and climate control of any nearby buildings (if applicable)
Information about the tree’s growing conditions
Getting started:
1. Navigate to the i-Tree site at https://planting.itreetools.org and select the tab for a
new project.
2. On the Location map, select your state, county and city, and then click Next.
3. Configure the project parameters4:
“Electricity emissions factor” enter 285 and select kilograms
“Fuel emissions factor” enter 53.1 and select kilograms
“Years for the project” is the age of the trees 40 years from when they are
planted. So, if the trees will be four years old at the time of planting, enter 44.
“Tree mortality” enter 0
4. Tree Planting Configurations
Enter the tree groups for the project; create a new group for each new
species or for each new location.
Species – select the species; add multiple species by creating new groups.
DBH – tree diameter four feet above the ground at time of planting.
Distance to nearest tree – select from drop down menu
3 PRC §80001(b)(7)
4 Project parameters are from the California Air Resources Board’s “Quantification Methodology for the
California Natural Resources Agency Urban Greening Grant Program.”
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Tree is (north, south, east or west) of Building – select the direction the tree is
located to the nearest climate controlled building.
Climate controls – select the type of climate controls the nearby building has
installed. If a tree is more than 60 feet away from a climate controlled
building, select “none.”
Condition – select the overall health of the trees at the time of planting.
Exposure to sunlight – select the amount of sun that reaches the tree, based
on its surroundings.
Number of trees – enter the number of trees that are the same species and
the same characteristics (e.g. distance to building, location in respect to
building, exposure to sunlight, etc.) If some of these characteristics change,
multiple lines of the same species should be input into the tool.
Once all the groups are entered, hit next
5. Print the report in landscape mode, and submit it with your application.
Special Requirements
Status Reports (page 26)
Bond Act Sign (page 28)
Deed Restriction (page 29)
Status Report
OGALS will send a Status Report every six months until receipt of a PROJECT COMPLETION
PACKET. Payment requests will not be processed if Status Reports are overdue.
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Sample Status Report – Due xx/xx/20xx (30 days from mail date)
Grantee:
Project Number:
Project Name:
Project Scope:
Project Phase: □ Pre-Construction/Pre-Acquisition □ Acquisition and/or Construction
□ Community Access
When will you submit your next payment request? For how much?
Estimated date of project completion:
Potential obstacles affecting completion:
Is the PROJECT: On Time? yes/no Within Budget? yes/no Within Scope? yes/no If no,
explain:
Describe grant-funded work completed since last status report submitted on (DATE):
Provide photos showing work completed since (DATE)
Describe grant-funded work expected to be completed by (MailDate + 6 mos)
If there have been any changes to the proposed funding for this project, attach a revised
Funding Sources Form.
Provide information on payments to be submitted over the next three years:
Between
7/1/18
and
6/30/19
Between
7/1/19
and
12/31/19
Between
1/1/20
and
6/30/20
Between
7/1/20
and
12/30/20
Between
1/1/21
and
6/30/21
Between
7/1/21
and
12/30/21
After
1/1/22
$ $ $ $ $ $ $
The purpose of this data is to help the State estimate borrowing needs; you will not be
held to these estimates.
I represent and warrant that I have full authority to execute this Grant Progress Status
Report on behalf of the Grantee. I declare under penalty of perjury, under the laws of
the State of California, that this status report, and any accompanying documents, for the
above-mentioned Grant is true and correct to the best of my knowledge.
__________________________ _______________________ _____________
Authorized Representative* Title Date
(*Certification to above information requires a signature by a person authorized in the
resolution)
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Bond Act Sign
A sign acknowledging the California Drought, Water, Parks, Climate, Coastal Protection,
and Outdoor Access for All Act of 2018 as the funding source for the PROJECT must be
installed during construction and at completion (PRC §80001(b)(3)). A sign is not
required for COMMUNITY ACCESS PROJECTS.
Types of Signs
1) Construction – An acknowledgment sign is required during construction.
2) Post Completion - All grantees are required to post a sign at the PROJECT site upon
completion of the project. The sign must be available for the final inspection of the
PROJECT and remain in place for a minimum of four (4) years from date of PROJECT
completion. There is no minimum or maximum size other than the minimum size fo r
the logo, as long as the sign contains the required wording.
If appropriate, the same sign can be used during construction and completion.
Sign Language
All signs must contain the language shown to the
right of this paragraph. Use the names of the
current officials. The name of the director of the
local agency or other governing body may be
added. The sign may also include names (and/or
logos) of other partners, organizations, individuals
and elected representatives.
Logo
All signs must display the Parks and Water Bond
Act logo. The logo is available at
http://resources.ca.gov/grants/logo-art/. Display
the logo to maximize visibility and durability. Each
edge of the logo must be a minimum of 24″ x 24″. Exceptions may be approved, when
appropriate, at OGALS’ discretion.
Sign Construction
All materials used shall be durable and resistant to the elements and graffiti. The
California Department of Transportation and DPR standards may be used as a guide for
gauge of metal, quality of paints used, mounting specifications, etc.
Sign Cost
The cost of the sign(s) is an eligible PROJECT cost. Permanent signage is encouraged.
Appropriateness of Signs
For projects where the required sign may be out of place or affected by local sign
ordinances, OGALS may authorize a sign that is more appropriate to the project.
State Approval
GRANTEE shall submit the proposed number, locations, size, and language of signs for
preliminary review. Final payments will not be processed until post completion signage
has been approved and installed.
Project Title/Description
Another project funded
through the California
Natural Resources
Agency to protect,
restore,
and enhance California’s
cultural, community, and
natural resources
GAVIN
NEWSOM,
GOVERNOR
Wade
Crowfoot,
Secretary for
Natural
Resources
Lisa Mangat,
Director,
California
Department of
Parks and
Recreation
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Deed Restriction
The Deed Restriction restricts the title to the property, safeguarding the property for
purposes consistent with the GRANT for the duration of the contract PERFORMANCE
PERIOD. A Deed Restriction is not required for COMMUNITY ACCESS PROJECTS.
If the GRANTEE owns the PROJECT land, a Deed Restriction must be recorded on the title
to the property before OGALS will approve any grant payments except an advance into
escrow.
A Deed Restriction is not required if the GRANTEE does not own the PROJECT land, such
as where the GRANTEE is improving property it has access to under a lease agreement.
Deed Restriction Instructions
1. Before filing the Deed Restriction, the GRANTEE must own the PROJECT land, and
have an encumbered contract for the GRANT amount.
2. The PROJECT OFFICER will send the Deed Restriction to the GRANTEE. Do not alter the
Deed Restriction. The GRANTEE takes the following steps:
1. Add ownership information to Paragraph I of the Deed Restriction: [formal
name of GRANTEE] Insert ownership information as it appears on the deed.
2. Create 3 copies (GRANTEE copy, OGALS copy and recorder’s copy) of the Deed
restriction and the required attachments:
(1) Exhibit A: Label this attachment “Exhibit A (Legal Description of Property)”
and include a formal legal description of every parcel of property to which
grant funds will be used for the development and/or acquisition thereof. This
information can be obtained from the grant deed or title policy. (The
assessor’s parcel number or a street address is NOT a valid legal
description.) and,
(2) Exhibit B: Label this attachment “Exhibit B (Grant Contract)” and include a
complete copy of the Grant Contract and provisions signed by the AUTHORIZED
REPRESENTATIVE and the State of California.
3. Notarize it: Take the following documents to a notary. OGALS recommends
submitting these documents to the OGALS PROJECT OFFICER for review prior to
notarizing.
Unsigned and undated Deed Restriction
Exhibit A (Legal Description of Property)
Exhibit B (Grant Contract)
The AUTHORIZED REPRESENTATIVE dates and signs the Deed Restriction signature
page in the presence of a notary. The notary will complete a Notary
Acknowledgement (Civil Code §1189).
4. Record it: Take the notarized documents bulleted above to the County
Recorder’s Office of the county in which the property is located. Ask the County
Clerk to record the Deed Restriction with Notary Acknowledgement, Exhibit A,
and Exhibit B, on the title to the property.
5. Send it: Send a copy of the notarized and recorded documents bulleted above to
the OGALS PROJECT OFFICER.
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RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: [Project Officer]
DEED RESTRICTION
I. WHEREAS, insert ownership information as it appears on the deed
(hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property
described in Exhibit A, attached and incorporated herein by reference (hereinafter
referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation
(hereinafter referred to as “DPR”) is a public agency created and existing under the
authority of section 5001 of the California Public Resources Code (hereinafter referred
to as the “PRC”). And
III. WHEREAS, Owner(s) (or Grantee) received an allocation of grant funds
pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and
Outdoor Access For All Act of 2018 Per Capita Program for improvements on the
Property; and
IV. WHEREAS, on (enter date), DPR’s Office of Grants and Local Services
conditionally approved Grant [project number], (hereinafter referred to as “Grant”) for
improvements on the Property, subject to, among other conditions, recordation of this
Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the
Grant, the Grant would not be consistent with the public purposes of the Per Capita
Program and the funds that are the subject of the Grant could therefore not have been
allocated; and
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VI. WHEREAS, Owner(s) has/have elected to comply with the Deed
Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and
perform the work described in the Grant;
NOW, THEREFORE, in consideration of the issuance of the Grant funds by
DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their
heirs, assigns, and successors-in-interest, hereby irrevocably covenant(s) with DPR that
the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto)
shall at all times on and after the date on which this Deed Restriction is recorded
constitute for all purposes covenants, conditions and restrictions on the use and
enjoyment of the Property that are hereby attached to the deed to the Property as fully
effective components thereof.
1. DURATION. This Deed Restriction shall remain in full force and effect
and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the
period running from July 1, 20xx to June 30, 20xx (20 years) or June 30, 20xx (30
years).
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is
irrevocable and shall constitute an enforceable restriction within the meaning of a)
Article XIII, section 8, of the California Constitution; and b) section 402.I of the California
Revenue and Taxation Code or successor statue. Furthermore, this Deed Restriction
shall be deemed to constitute a servitude upon and burden to the Propert y within the
meaning of section 3712(d) of the California Revenue and Taxation Code, or successor
statue, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the
Property at times reasonably acceptable to Owner(s) to ascertain whether the use
restrictions set forth above are being observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s)
whether written or oral which uses or would cause to be used or would permit use of the
Property contrary to the terms of this Deed Restriction will be deemed a violation and a
breach hereof. DPR may pursue any and all available legal and/or equitable remedies
to enforce the terms and conditions of this Deed Restriction up to and including a lien
sale of the property. In the event of a breach, any forbearance on the part of DPR to
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32
enforce the terms and provisions hereof shall not be deemed a waiver of enforcement
rights regarding such breach, or any subsequent breach.
5. SEVERABILITY. If any provision of these restrictions is held to be invalid,
or for any reason becomes unenforceable, no other provision shall be affected or
impaired.
Dated: ______________________, 20 ____
Business Name (if property is owned by a business):
_________________________________________
Signed: ___________________________ Signed:__________________________
Authorized Representative Additional signature, as required
_________________________________ ________________________________
Print/Type Name & Title of Above Print/Type Name & Title of Above
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Grant Payment Section
Payments may be requested after a PROJECT is approved and the contract is encumbered.
Payment requests are processed through the State Controller’s Office and mailed to the
GRANTEE approximately six to eight weeks from the date OGALS approves the request.
Payment Requirements
1. Payment requests prior to groundbreaking are limited to 25% of the PROJECT amount.
2. Payments before the final payment may not exceed 80% of the PROJECT amount.
20% of the PROJECT amount is retained for the final reimbursement.
3. A deed restriction is required prior to processing any reimbursements except
COMMUNITY ACCESS PROJECTS and an acquisition ADVANCE.
4. Group costs together to avoid frequent payment requests. Reimbursement requests
greater than $10,000 are encouraged.
5. For PROJECTS where match is required, GRANTEES must show eligible costs equal to
125% of the requested reimbursement amount.
6. CEQA must be complete prior to requesting any construction reimbursement.
7. Provide a sample timesheet with the first IN-HOUSE EMPLOYEE SERVICES reimbursement.
8. A summary list of bidders, recommendation by reviewer of bidders, awarding by
governing body and contract agreement must be provided to the PROJECT OFFICER
prior to requesting a reimbursement related to that contract.
9. Provide construction progress photos, including a photo with the construction sign
visible on the PROJECT site (see page 28), with all construction payment requests.
10. Payment may be withheld by OGALS if the GRANTEE has outstanding issues, for
example: breach of any other contract with OGALS, an unresolved audit exception,
outstanding conversion, or having other park sites closed or inadequately maintained.
Payment Request Form Instructions
All payment request types (reimbursement, final, ADVANCE) require this form.
Payment requests may be submitted by e-mail to the PROJECT OFFICER.
Round all amounts to the nearest whole dollar.
Complete the Payment Request Form as follows:
1. PROJECT Number - Number assigned by OGALS when this PROJECT was approved.
2. Contract Number - As shown in Certification of Funding section of the contract
3. APPLICANT - GRANTEE name as shown on the contract
4. PROJECT Title - Name of the PROJECT as shown in the Application
5. Type of Payment – check appropriate box on form
6. Payment Information – always round down to the nearest dollar.
7. Send Warrant To - AGENCY name, address and contact person
8. Signature of AUTHORIZED REPRESENTATIVE according to the Resolution
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34
Payment Request Form
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35
Grant Expenditure Form
All payment requests require a summary of costs incurred. An electronic version of this
form is available at www.parks.ca.gov/grants. Grantees may use their own spreadsheet if
it contains the required information shown below. Keep copies of invoices or warrants
with the PROJECT records, available to OGALS upon request.
Only provide the following information to OGALS:
PROJECT Number_______________________
Warrant/Check #(1) Date(2) Recipient(3) Purpose(4)
Pre-
Construction
Amount(5)
Construction
Amount(6)
_________________________________________________________________________
PRE-CONSTRUCTION Subtotal (5) $_____________
Construction Subtotal (6) $_____________
Grand Total (5) + (6) $_____________
List only ELIGIBLE COSTS charged to the GRANT.
Column (1) Electronic payment numbers/electronic funds transfer numbers in the
“Warrant/Check Number” column are acceptable. Include an “EP” next to the electronic
payment numbers/electronic funds transfer numbers.
If IN-HOUSE EMPLOYEE SERVICES or GRANTEE’S own equipment was used, a work order or other
tracking number can be used instead of a check/warrant number.
Column (2) Date payment was made to recipient. If IN-HOUSE EMPLOYEE SERVICES were used,
provide the date range with a summary of actual hours worked.
Column (3) Name of Contractor, IN-HOUSE EMPLOYEE SERVICES, or other entity providing
services and/or materials.
Column (4) SCOPE item related to the expenditure and a brief description, such as
“playground design,” “community center permits,” “walkway materials,” “sports field
construction.”
Column (5) PRE-CONSTRUCTION costs eligible for up to 25% of the GRANT amount.
Column (6) DEVELOPMENT or COMMUNITY ACCESS PROJECT costs eligible for up to 100% of
GRANT amount.
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Project Completion Packet
PROJECT COMPLETION PACKETS must be submitted by March 31, 2022.
The final payment (not less than 20% of the PROJECT amount) will be processed after
PROJECT COMPLETION and the following occurs:
1. Approval of the PROJECT COMPLETION PACKET (page 36).
2. Site inspection by the PROJECT OFFICER to verify PROJECT COMPLETION.
To request the final payment and complete the PROJECT, the GRANTEE must submit the
following documents:
For COMMUNITY ACCESS PROJECTS:
1. Payment Request Form (page 34)
2. Grant Expenditure Form (page 35)
3. Final Funding Sources Form (page 21)
4. PROJECT COMPLETION Certification Form (page 37)
For development PROJECTS, the GRANTEE must submit these additional documents:
5. Photo of the bond act sign and location (page 28)
6. Recorded Deed Restriction if not already provided (page 29)
7. Completed CEQA if not already provided (page 22)
8. Notice of Completion (optional)5
For acquisition PROJECTS, the GRANTEE must submit these additional documents:
1. A copy of the recorded deed to the property
2. A map sufficient to verify the description of the property including parcel numbers
and acreage
3. Copy of title insurance policy
4. Copy of title report
5 OGALS recommends that the GRANTEE file a Notice of Completion with the County
Recorder pursuant to State of California Civil Code §3093. Filing the Notice of
Completion is not a PROJECT COMPLETION requirement.
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37
Project Completion Certification Form
Grantee: __________________________________ Project Number: _____________
Grantee contact for audit purposes
Name: ________________________________________________________________
Address: ______________________________________________________________
Phone: (_____) __________________ Email:________________________________
Project completion – list the grant scope items:
Provide revised Funding Sources Form
Interest earned on advanced funds: $ ________________
Interest spent on eligible costs: $ ________________
Was a Notice of Completion filed with the County Recorder? Yes __ No __
Certification:
I hereby certify that all Grant funds were expended on the above named Project and that the
Project is complete and we have made final payment for all work done.
I have read California Penal Code §118 and understand that every person who testifies, declares,
deposes, or certifies under penalty of perjury and willfully states as true any material matter which
he or she knows to be false, is guilty of perjury, which is a felony punishable by imprisonment in
state prison for two, three, or four years.
Furthermore, I have read California Penal Code §72 and understand that every person who, with
the intent to defraud, presents for allowance or for payment to any state board or officer, or to any
county, city, or District board or officer, authorized to allow or pay the same if genuine, any false
or fraudulent claim, bill, account, voucher, or writing, is guilty of a felony-misdemeanor punishable
either by imprisonment in county jail for a period of not more than one year, by a fine not
exceeding one thousand dollars, or both, or by imprisonment in state prison, by a fine not
exceeding ten thousand dollars, or both.
I represent and warrant that I have full authority to execute this Project Completion Certification
on behalf of the Grantee. I declare under penalty of perjury that the foregoing certification of
Project Completion for the above-mentioned Grant is true and correct.
________________________________________ _____________________________
GRANTEE’S AUTHORIZED REPRESENTATIVE Title
(Printed or Typed name)
_____________________________________________________ ________________
GRANTEE’S AUTHORIZED REPRESENTATIVE (Signature) Date
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38
Advance Payments
ADVANCE payments are made at the discretion of OGALS. OGALS reserves the right to
disapprove ADVANCE payment requests.
o Past performance, GRANTEE capacity, and the GRANTEE’S financial resources
will all be considered before issuing an ADVANCE.
o GRANTEE’S that are unable to finance a considerable portion of their PROJECTS
are encouraged to seek an allocation transfer (page 53).
ADVANCE payments may be requested for costs the GRANTEE will incur within the next
six months.
ADVANCE funds, and any interest earned on those funds, must be spent within six
months of receipt, or returned to OGALS.
The sum of DEVELOPMENT and COMMUNITY ACCESS PROJECT ADVANCES cannot exceed
50% of the PROJECT amount.
Pre-Construction Advance
Payment
Type
Maximum
Request
When to
Request
Documents to
Send to PROJECT OFFICER
ADVANCE(s)
costs to be
incurred in
next six
months
Preconstruction
estimate shown on
Development
Project SCOPE/Cost
Estimate Form
After the
contract has
been
encumbered
Payment Request Form
ADVANCE justification (see
below)
Construction Advance and Community Access Project Advance
Payment
Type
Maximum
Request
When to Request Documents to
Send to PROJECT OFFICER
ADVANCE(s)
costs to be
incurred in
next six
months
No more than
50% of the
grant amount.
After the contract
has been
encumbered, and
construction will
commence during
the next six
months
Payment Request Form
ADVANCE justification (see below)
Copy of signed contract and a
notice to proceed or IN-HOUSE
EMPLOYEE SERVICES schedule
Filed NOD or NOE (page 22)
Advance Justification
Provide the following information:
Explanation as to why an ADVANCE is needed instead of a reimbursement. Describe
any hardships the GRANTEE will experience if a reimbursement were issued instead of
an ADVANCE.
A payment schedule, with a month-by-month estimate, for up to six months, showing
the anticipated amount needed, and to whom the funds will be paid (IN-HOUSE
EMPLOYEE SERVICES or name of contractor). The six month period should begin six to
eight weeks after payment request is submitted.
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39
A funding plan, indicating how the GRANTEE intends to provide cash flow to the
percentage of the PROJECT exceeding the 50% ADVANCE limit.
A statement indicating the GRANTEE will put the advanced funds into a separate,
interest bearing account, and spend any interest earned on the PROJECT.
An acknowledgement that all invoices and contracts pursuant to which payments are
made shall be made available to OGALS on demand.
Clearing the Advance
ADVANCES must be cleared with six months of receipt, or earlier. ADVANCES should be
cleared incrementally, that is, as costs are incurred.
An ADVANCE is cleared as follows:
Submit a grant expenditure form (see page 35) documenting expenditures of eligible
costs equal to the ADVANCE amount plus any earned interest (or 125% of the ADVANCE
amount if match is required).
Submit photos of construction completed and the construction sign (see page 28) with
the ADVANCE funds (for construction ADVANCES).
Return the balance of unspent GRANT funds to OGALS no later than thirty days after the
end of the six month ADVANCE period. OGALS will then return the GRANT funds to the
contract balance. OGALS cannot return interest to the contract balance.
Subsequent Payments
ADVANCE payments must be cleared before any payments will be approved.
This requirement may be waived in cases where a PROJECT requires timely payments to
contractors, and the remaining balance of unspent ADVANCED funds cannot cover the next
PROJECT payment. The following are required to request a waiver:
1. A letter to the PROJECT OFFICER, signed by the AUTHORIZED REPRESENTATIVE,
explaining why the waiver is needed.
2. A statement in the letter that the majority of ADVANCED funds has been cleared.
3. A payment schedule with month by month estimates detailing the anticipated
amount needed including the unspent balance of previously ADVANCED funds,
along with the additional requested reimbursement or ADVANCE.
Acquisition Advance
Payment Type When to Request Documents to Send
ADVANCES up to
100% of the GRANT
and MATCH amounts
After the contract is
encumbered and escrow
is open
See following instructions
1. Escrow letter
2. Title report cover page
3. Payment request form
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40
The following items are required to request an ADVANCE payment into escrow:
1. A letter on the GRANTEE’s letterhead, addressing all of the following elements, and
signed by the GRANTEE’s AUTHORIZED REPRESENTATIVE:
a) Name, address and telephone number of the title company or escrow holder, and
the escrow account number to which the GRANT funds will be disbursed.
b) Copy of the property appraisal and written concurrence (page 13).
c) GRANT contract number and amount of GRANT funds requested.
d) A statement by the GRANTEE that “the preliminary title report shows that there are
no liens, easements, or any other restrictions that would prevent completion of the
PROJECT SCOPE and fulfillment of the contract provisions.”
e) A statement by the GRANTEE that “all funds (exclusive of the GRANT funds to be
provided under this agreement) needed for the completion of the acquisition of the
property or properties have been secured and have been or will be deposited to
escrow on or about the same date as the requested GRANT funds.” In making this
statement, the GRANTEE is entitled to reasonably rely on the representations of the
seller.
2. Cover page of the preliminary title report.
3. Payment Request Form. The “Send Warrant To” item 7 on the Payment Request
Form must be completed using the title company’s or escrow holder’s name, mailing
address, and contact person (see page 34).
After approval by OGALS, the payment will be mailed by the State Controller’s Office to the
designated escrow company within approximately 30 working days.
Returning Unexpended Advanced Funds for Acquisition
If all or a portion of GRANT funds ADVANCED to the title or escrow company are not expended,
the unused portion of the ADVANCED funds must be returned to OGALS within 60 days after
completion of the acquisition(s), within 60 days of the acquisition withdrawal, or within 60
days after the end of the GRANT PERFORMANCE PERIOD, whichever is earliest.
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41
Per Capita Contract
State of California – The Natural Resources Agency
DEPARTMENT OF PARKS AND RECREATION
Sample Grant Contract
Per Capita Program
Grantee: Grantee
Grant Performance Period is from July 1, 20xx through June 30, 20xx
CONTRACT PERFORMANCE PERIOD is from July 1, 20xx through June 30, 20xx
The GRANTEE agrees to the terms and conditions of this Contract, and the State of
California, acting through its Director of the Department of Parks and Recreation,
pursuant to the State of California, agrees to fund the total State grant amount indicated
below.
The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT
SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with
the State of California.
Total State grant amount not to exceed $ Grant amount
The General and Special Provisions attached are made a part of and incorporated
into the Contract.
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By______________________________________
Date____________________________________
_______________________________________________
GRANTEE
By _________________________________________
(Typed or printed name of Authorized
Representative)
________________________________________
(Signature of AUTHORIZED REPRESENTATIVE)
Title _________________________________________
Date _________________________________________
CERTIFICATION OF FUNDING (FOR STATE USE ONLY)
AMOUNT OF ESTIMATE $ CONTRACT NUMBER FUND
ADJ. INCREASING ENCUMBRANCE $ APPROPRIATION
ADJ. DECREASING ENCUMBRANCE $ ITEM VENDOR NUMBER
UNENCUMBERED BALANCE $ LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR
T.B.A. NO. B.R. NO. INDEX
Funding Source OBJ. EXPEND
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER
DATE
.
42
I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation
(hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and [grantee name]
(hereinafter referred to as “GRANTEE”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not
to exceed $grant amount, subject to the terms and conditions of this CONTRACT and the 20xx/xx
California State Budget, Chapter xx, statutes of 20xx, Item number – 3790-xxx-xxxx (appropriation
chapter and budget item number hereinafter referred to as “PER CAPITA GRANT”). These funds
shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from July 1, 20xx to June 30, 20xx.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “ACT” means the California Drought, Water, Parks Climate, Coastal Protection, and
Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.
2. The term “APPLICATION” means the individual project APPLICATION packet for a project
pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term “DEPARTMENT” or “STATE” means the California Department of Parks and
Recreation.
4. The term “DEVELOPMENT” means capital improvements to real property by means of, but not
limited to, construction, expansion, and/or renovation, of permanent or fixed features of the
property.
5. The term “GRANTEE” means the party described as the GRANTEE in Section I of this
CONTRACT.
6. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form
or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this
grant.
7. The term “PROCEDURAL GUIDE” means the document identified as the “Procedural Guide for
California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All
Act of 2018 Per Capita Program.” The PROCEDURAL GUIDE provides the procedures and
policies controlling the administration of the grant.
B. Project Execution
1. Subject to the availability of GRANT MONIES in the act, the STATE hereby grants to the
GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in
consideration of, and on condition that, the sum be expended in carrying out the purposes as set
.
43
forth in the scope described in the enabling legislation and referenced in the APPLICATION,
Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S)
in writing to the STATE for prior approval. This applies to any and all changes that occur after
STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be
approved in writing by the STATE.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the
Performance Period set forth in Section I of this CONTRACT, and under the terms and
conditions of this contract.
3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources
Code, §21000, et seq., Title 14, California Code of Regulations, §15000 et seq.).
4. The GRANTEE shall comply with all applicable current laws and regulations affecting
DEVELOPMENT projects, including, but not limited to, legal requirements for construction
contracts, building codes, health and safety codes, and laws and codes pertaining to individuals
with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42
U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.)
C. Procedural Guide
1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.
2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set
forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and
guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be
placed in an interest bearing account until expended. Interest earned on the advanced funds
shall be used on the project as approved by the STATE. If grant monies are advanced and not
expended, the unused portion of the grant and any interest earned shall be returned to the
STATE within 60 days after project completion or end of the grant performance period,
whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the
STATE has made such a request. In any event, the GRANTEE shall provide the STATE a
report showing total final project expenditures within 60 days of project completion or the end of
the grant performance period, whichever is earlier. The grant performance period is identified in
Section I of this CONTRACT.
3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this
contract available for inspection upon request by the STATE.
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44
E. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that
have not been expended by the GRANTEE shall revert to the STATE.
2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the
commencement of the project. The commencement of the project means the date of the letter
notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After
project commencement, this CONTRACT may be rescinded, modified or amended only by
mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of
this contract provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any
legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts,
specified or general, that GRANTEE has entered into with STATE, may be cause for suspension
of all obligations of the STATE unless the STATE determines that such failure was due to no
fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs
properly incurred in performance of this CONTRACT despite non-performance of the
GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the
best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the
GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE,
STATE shall be entitled to all remedies available under law and equity, including but not limited
to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the
fair market value of the project property or the actual sales price, whichever is higher; and d)
Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited
to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT,
final payment may not be made until the work described in the GRANT SCOPE is complete and
the GRANT PROJECT is open to the public.
F. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program,
the STATE shall have the option to either cancel this contract with no liability occurring to the
STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This
Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this
CONTRACT.
G. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to
contribution for loss or damage to persons or property arising from, growing out of or in any way
connected with or incident to this CONTRACT except claims arising from the concurrent or sole
negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and
employees against any and all claims, demands, damages, costs, expenses or liability costs
arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of
.
45
the property described as the project which claims, demands or causes of action arise under
California Government Code Section 895.2 or otherwise except for liability arising out of the
concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the
provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the
STATE of such fact and shall represent the STATE in the legal action unless the STATE
undertakes to represent itself as codefendant in such legal action in which event the GRANTEE
agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE
and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE,
their officers, agents, or employees, an apportionment of liability to pay such judgment shall be
made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and
employees against any and all claims, demands, costs, expenses or liability costs arising out of
legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE
acknowledges that it is solely responsible for compliance with items to which it has certified.
H. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan
documents, and all other records for the project and to make them available to the STATE for
auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts,
documents and records for five years following project termination or issuance of final payment,
whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which
fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost
of the project in connection with such assistance that is given or used, (c) the amount and nature
of that portion of the project cost supplied by other sources, and (d) any other such records that
will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any
books, records or reports pertaining to this contract or matters related thereto during regular
office hours. The GRANTEE shall maintain and make available for inspection by the STATE
accurate records of all of its costs, disbursements and receipts with respect to its activities under
this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at
least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system.
I. Use of Facilities
1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or
developed with the GRANT MONIES, for the duration of the Contract Performance Period.
2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall
use the property acquired or developed with GRANT MONIES under this contract only for the
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46
purposes of this grant and no other use, sale, or other disposition or change of the use of the
property to one not consistent with its purpose shall be permitted except as authorized by the
STATE and the property shall be replaced with property of equivalent value and usefulness
as determined by the STATE.
3. The property acquired or developed may be transferred to another entity if the successor
entity assumes the obligations imposed under this CONTRACT and with the approval of
STATE.
4. Any real Property (including any portion of it or any interest in it) may n ot be used as security
for any debt or mitigation, without the written approval of the STATE provided that such
approval shall not be unreasonably withheld as long as the purposes for which the Grant was
awarded are maintained. Any such permission that is granted does not make the STATE a
guarantor or a surety for any debt or mitigation, nor does it waive the STATE’S rights to
enforce performance under the Grant CONTRACT.
5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an
appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project
property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at
least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market
value of the real property, including improvements, at the time of sale, whichever is higher.
6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify
STATE within 10 days of receiving the complaint.
J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color,
national origin, age, religion, ancestry, sexual orientation, or disability in the use of any
property or facility developed pursuant to this contract.
2. The GRANTEE shall not discriminate against any person on the basis of residence except to
the extent that reasonable differences in admission or other fees may be maintained on the
basis of residence and pursuant to law.
3. All facilities shall be open to members of the public generally, except as noted under the
special provisions of this project contract or under provisions of the enabling legislation and/or
grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall
not affect other provisions or applications of the CONTRACT which can be given effect without the
invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of construction, site
improvements or programs related to the GRANT SCOPE. The STATE’S rights under this
CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of
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47
implementation shall not give rise to any warranty or representation that the GRANT SCOPE
and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security
necessary to protect the GRANTEE’s and STATE’S interest against poor workmanship, fraud,
or other potential loss associated with completion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’S interest in and responsibilities under
this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of
making any leverage loan, pledge, promissory note or similar financial device or transaction,
without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created
by any such leverage loan, pledge, promissory note or similar financial device or transaction in
the project property shall be completely subordinated to this CONTRACT through a
Subordination Agreement provided and approved by the STATE, signed by all parties involved
in the transaction, and recorded in the County Records against the fee title of the project
property.
N. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only
for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed
in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
O. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall
not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT
shall not be construed as a waiver of any subsequent breach.
_____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
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48
Accounting and Audits
Accounting Requirements
GRANTEES must use accounting practices that:
Provide accounting data that clearly records costs incurred on the PROJECT and accurately
reflects fiscal transactions, with the necessary controls and safeguards.
Provide good audit trails, especially the source documents (purchase orders, receipts,
progress payments, invoices, time cards, cancelled warrants, warrant numbers, etc.) specific
to the PROJECT.
Accounting Rules for Employee Services (IN-HOUSE EMPLOYEE SERVICES)
GRANTEES must follow these accounting practices for employee services:
Maintain time and attendance records as charges are incurred, identifying the employee
through a name or other tracking system, and that employee’s actual time spent on the
PROJECT.
Time estimates, including percentages, for work performed on the PROJECT are not
acceptable.
Time sheets that do not identify the specific employee’s time spent on the PROJECT are not
acceptable.
Costs of the salaries and wages must be calculated according to the GRANTEE’S wage and
salary scales, and may include benefit costs such as vacation, health insurance, pension
contributions and workers’ compensation.
Overtime costs may be allowed under the GRANTEE’S established policy, provided that the
regular work time was devoted to the same PROJECT.
May not include overhead or cost allocation. These are costs generally associated with
supporting an employee, such as rent, personnel support, IT, utilities, etc.
State Audit
Grants are subject to audit by DPR. (See page 49, Audit Checklist). All PROJECT records must be
retained for five years after final payment was issued, or PROJECT terminated, whichever is later.
The GRANTEE must provide the following when an audit date and time has been confirmed by
DPR:
All PROJECT records, including the source documents and cancelled warrants, books, papers,
accounts, time sheets, or other records listed in the Audit Checklist or requested by DPR.
An employee having knowledge of the PROJECT and its records to assist the DPR auditor.
Record Keeping Recommendation
GRANTEES are encouraged to keep records of all eligible costs, including those not submitted to
OGALS for payment. This provides a potential source of additional eligible costs, should any
submitted expenses be deemed ineligible.
Contact the DPR Audits Office at (916) 657-0370 for questions about these requirements.
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49
Audit Checklist
An audit of the PROJECT may be performed before or following PROJECT completion. The GRANTEE must retain and make
available all PROJECT related records for five years following PROJECT termination or final payment of grant funds. Listed
below are some of the items the auditor will examine during the review of your records as applicable. It is the
responsibility of the GRANTEE to have these records available in a central location ready for review once an audit date
and time has been confirmed. If you have any questions regarding these documents, you may contact the State
Department of Parks and Recreation Audits Office at (916) 657-0370.
CONTRACTS
Summary list of bidders (including individual bid
packages)
Recommendation by reviewer of bids
Awarding by governing body (minutes of the
meeting/resolution)
Construction contract agreement
Contract bonds (bid, performance, payment)
Contract change orders
Contractor's progress billings
Payments to contractor (cancelled checks/warrants,
bank statements and EFT receipts**)
Stop Notices (filed by sub-contractors and release if
applicable)
Liquidated damages (claimed against the contractor)
Notice of completion (recorded)
IN-HOUSE EMPLOYEE SERVICES*
Authorization/work order identifying project
Daily time sheets signed by employee and supervisor
Hourly rate (salary schedules/payroll register)
Fringe benefits (provide breakdown)
IN-HOUSE EQUIPMENT*
Authorization/work order
Daily time records identifying the project site
Hourly rate related backup documents
MINOR CONTRACTS/MATERIALS/SERVICES/
EQUIPMENT RENTALS
Purchase orders/Contracts/Service Agreements
Invoices
Payments (actual cancelled checks/warrants, bank
statements and EFT receipts **)
ACQUISITION
Appraisal Report
Did the owner accompany the appraiser?
10 year history
Statement of just compensation (signed by seller)
Statement of difference (if purchased above
appraisal)
Waiver of just compensation (if purchased below
appraisal: signed by seller)
Final Escrow Closing Statement
Cancelled checks/warrants, bank statements and EFT
receipts, [payment(s) to seller(s)]
GRANT deed (vested to the participant) or final order of
condemnation
Title insurance policy (issued to participant)
Relocation documents
Income (rental, grazing, sale of improvements, etc.)
INTEREST
Schedule of interest earned on State funds advanced
Note: Interest on grant advances is accountable,
even if commingled in a pooled fund account and/or
interest was never allocated back to the grant fund.
AGREEMENT/CONTRACTS
Leases, agreements, etc., pertaining to
developed/acquired property
Proof of insurance pertaining to developed/acquired
property
* Estimated time expended on the projects is not acceptable. Actual time records and all supporting
documentation must be maintained as charges are incurred and made available for verification at the time
of audit.
** Front and back if copied.
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50
References
Public Resources Code relating to the Per Capita program
80000.
This division shall be known, and may be cited, as the California Drought, Water, Parks, Climate,
Coastal Protection, and Outdoor Access For All Act of 2018.
80001.
(b) It is the intent of the people of California that all of the following shall occur in the
implementation of this division:
(3) To the extent practicable, a project that receives moneys pursuant to this division will
include signage informing the public that the project received funds from the California
Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018.
(5) To the extent practicable, a project that receives moneys pursuant to this division will
provide workforce education and training, contractor, and job opportunities for
disadvantaged communities.
(7) To the extent practicable, administering entities should measure or require measurement of
greenhouse gas emissions reductions and carbon sequestrations associated with projects that
receive moneys pursuant to this division.
(8) To the extent practicable, as identified in the “Presidential Memorandum--Promoting
Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands
and Waters,” dated January 12, 2017, the public agencies that receive funds pursuant to this
division will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, low -income,
and disabled populations and tribal communities, to increase awareness within those
communities and the public generally about specific programs and opportunities.
(B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase
diverse representation across these areas.
(C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations
to expand access for diverse populations.
(D) Identifying and implementing improvements to existing programs to increase visitation
and access by diverse populations, particularly minority, low-income, and disabled
populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in public
communications and educational strategies, including through social media strategies,
as appropriate, that target diverse populations.
(F) Developing or expanding coordinated efforts to promote youth engagement and
empowerment, including fostering new partnerships with diversity-serving and youth-
serving organizations, urban areas, and programs.
(G) Identifying possible staff liaisons to diverse populations.
80002.
(d) “Department” means the Department of Parks and Recreation.
(n) “Severely disadvantaged community” means a community with a median household income
less than 60 percent of the statewide average.
80008.
(c) (1) Up to 5 percent of funds available pursuant to each chapter of this division shall, t o the
extent permissible under the State General Obligation Bond Law (Chapter 4 (commencing
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with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code) and with the
concurrence of the Director of Finance, be allocated for community acces s projects that
include, but are not limited to, the following:
(A) Transportation.
(B) Physical activity programming.
(C) Resource interpretation.
(D) Multilingual translation.
(E) Natural science.
(F) Workforce development and career pathways.
(G) Education.
(H) Communication related to water, parks, climate, coastal protection, and other outdoor pursuits.
80020.
Moneys allocated pursuant to this division shall not be used to fulfill any mitigation requirements
imposed by law.
CHAPTER 3. Investments in Protecting, Enhancing, and Accessing California’s
Local and Regional Outdoor Spaces
80060.
For purposes of this chapter, “district” means any regional park district, regional park and open -
space district, or regional open-space district formed pursuant to Article 3 (commencing with
§5500) of Chapter 3 of Division 5, any recreation and park district formed pursuant to Chapter 4
(commencing with §5780) of Division 5, or any authority formed pursuant to Division 26
(commencing with §35100). With respect to any community or unincorporated region that is not
included within a district, and in which no city or county provides parks or recreational areas or
facilities, “district” also means any other entity, including, but not limited to, a district operating
multiple-use parklands pursuant to Division 20 (commencing with §71000) of the Water Code.
80061.
(a) The sum of two hundred million dollars ($200,000,000) shall be available to the department,
upon appropriation by the Legislature, for local park rehabilitation, creation, and improvement
grants to local governments on a per capita basis. Grant recipients shall be encouraged to utilize
awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods
lacking access to the outdoors.
(b) The sum of fifteen million dollars ($15,000,000) shall be available to the department, upon
appropriation by the Legislature, for grants to cities and districts in urbanized counties
providing park and recreation services within jurisdictions of 200,000 or less in population.
For purposes of this subdivision, “urbanized county” means a county with a population of
500,000 or more. An entity eligible to receive funds under this subdivision shall also be eligible
to receive funds available under subdivision (a).
(c) Unless the project has been identified as serving a severely disadvantaged community, an entity
that receives an award pursuant to this section shall be required to provide a match of 20
percent as a local share.
80062.
(a)(1) The department shall allocate 60 percent of the funds available pursuant to subdivision (a)
of Section 80061 to cities and districts, other than a regional park district, regional park and
open-space district, open-space authority, or regional open-space district. Each city’s and
district’s allocation shall be in the same ratio as the city’s or district’s population is to the
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combined total of the state’s population that is included in incorporated and unincorporated
areas within the county, except that each city or district shall be entitled to a minimum
allocation of two hundred thousand dollars ($200,000). If the boundary of a city overlaps
the boundary of a district, the population in the overlapping area shall be attributed to each
jurisdiction in proportion to the extent to which each operates and manages parks and
recreational areas and facilities for that population. If the boundary of a city overlaps the
boundary of a district, and in the area of overlap the city does not operate and manage parks and
recreational areas and facilities, all grant funds for that area shall be allocated to the district.
(2) On or before April 1, 2020, a city and a district that are subject to paragraph (1), and whose
boundaries overlap, shall collaboratively develop and submit to the department a specific
plan for allocating the grant funds in accordance with the formula specified in paragraph (1).
If, by that date, the plan has not been developed and submitted to the department, the director
shall determine the allocation of the grant funds between the affected jurisdictions.
(b)(1) The department shall allocate 40 percent of the funds available pursuant to subdivision (a)
of §80061 to counties and regional park districts, regional park and open-space districts,
open-space authorities formed pursuant to Division 26 (commencing with §35100), and
regional open-space districts formed pursuant to Article 3 (commencing with §5500) of
Chapter 3 of Division 5.
(2) Each county’s allocation under paragraph (1) shall be in the same ratio that the county’s
population is to the total state population, except that each county shall be entitled to a
minimum allocation of four hundred thousand dollars ($400,000).
(3) In any county that embraces all or part of the territory of a regional park district, regional
park and open-space district, open-space authority, or regional open-space district, and
whose board of directors is not the county board of supervisors, the amount allocated to the
county shall be apportioned between that district and the county in proportion to the
population of the county that is included within the territory of the district and the population
of the county that is outside the territory of the district.
(c) For the purpose of making the calculations required by this section, population shall be
determined by the department, in cooperation with the Department of Finance, on the basis of
the most recent verifiable census data and other verifiable population data that the department
may require to be furnished by the applicant city, county, or district.
(d) The Legislature intends all recipients of funds pursuant to subdivision (a) of §80061 to use
those funds to supplement local revenues in existence on the effective date of the act adding
this division. To receive an allocation pursuant to subdivision (a) of §80061, the recipient shall
not reduce the amount of funding otherwise available to be spent on parks or other projects
eligible for funds under this division in its jurisdiction. A one-time allocation of other funding
that has been expended for parks or other projects, but which is not available on an ongoing
basis, shall not be considered when calculating a recipient’s annual expenditures. For purposes
of this subdivision, the Controller may request fiscal data from recipients for the preceding
three fiscal years. Each recipient shall furnish the data to the Controller no later than 120 days
after receiving the request from the Controller.
80063.
(a) The director of the department shall prepare and adopt criteria and procedures for evaluating
applications for grants allocated pursuant to subdivision (a) of §80061. The application shall
be accompanied by certification that the project is consistent with the park and recreation
element of the applicable city or county general plan or the district park recreation plan, as the
case may be.
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53
(b) To utilize available grant funds as effectively as possible, overlapping and adjoining
jurisdictions and applicants with similar objectives are encouraged to combine projects and
submit a joint application. A recipient may allocate all or a portion of its per capita share for a
regional or state project.
Allocation Tables
Following are the allocations for Per Capita GRANTEES.
Allocation Transfer6 – Entities that receive an allocation under the Per Capita program
may transfer all or part of that allocation to another eligible entity, provided that the
following requirements are met:
1. All required documentation must be submitted no later than six months from the end
of the encumbrance period.
2. The transferring agency must submit a resolution authorizing the transfer of the
allocation. The resolution must name the recipient entity and the transferred amount.
3. The recipient must be eligible to receive Per Capita funds.
4. The recipient must have submitted the authorizing resolution shown on page 6.
5. The recipient must submit a resolution authorizing the receipt of funds; the resolution
must state the donor and the transferred amount.
Definitions
Capitalized words and terms used in this guide are defined below.
ADVANCE – payment made to the GRANTEE for work that will occur in the future or work
that has already occurred during the GRANT PERFORMANCE PERIOD and has not been paid
for by the GRANTEE.
APPLICATION PACKET – the Application form and its required attachments described in
the Application Checklist and Directions beginning on page 9.
AUTHORIZED REPRESENTATIVE – the GRANTEE’S designated position authorized in the
Resolution to sign all required GRANT documents.
CEQA – the California Environmental Quality Act established policies and procedures
requiring GRANTEES to identify, disclose to decision makers and the public, and attempt
to lessen, significant impacts to environmental and historical resources that may occur
as a result of the GRANTEE’S proposed PROJECT. (Public Resources Code §21000 et
seq.; Title 14 California Code of Regulations §15000 et seq.)
COMMUNITY ACCESS PROJECT – a) transportation, b) physical activity programming, c)
resource interpretation, d) multilingual translation, e) natural science, f) wo rkforce
development and career pathways, g) education, h) communication related to water,
parks, climate, coastal protection, and other outdoor pursuits pursuant to Public
Resources Code §80008(c)(1)
6 Please contact OGALS for sample transfer and recipient resolutions.
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CONSTRUCTION COSTS – costs incurred starting with the date when ground-breaking
construction activities such as site preparation, grading, or gutting begins , and
continuing to the end of the GRANT PERFORMANCE PERIOD.
CONTRACT PERFORMANCE PERIOD – the amount of time stated on the contract agreement,
specifying the performance of the contractual grant obligations between the GRANTEE
and DPR.
DEVELOPMENT – construction, expansion, or renovation.
DPR – the California Department of Parks and Recreation.
GRANT – funds made available to a GRANTEE for completion of the PROJECT SCOPE(s)
during the GRANT PERFORMANCE PERIOD.
GRANTEE – an entity having a fully executed contract with DPR.
GRANT PERFORMANCE PERIOD – period of time that ELIGIBLE COSTS may be incurred by the
GRANTEE and paid for by DPR, as specified in the fully executed contract.
IN-HOUSE EMPLOYEE SERVICES – use of the GRANTEE’S employees working on the
PROJECT SCOPE.
OGALS – DPR’s Office of Grants and Local Services.
PRE-CONSTRUCTION COSTS – costs incurred within the GRANT PERFORMANCE PERIOD for the
planning, design, and permit phase of the PROJECT before construction can begin.
PROJECT – the SCOPE as described in the APPLICATION PACKET to be completed with
GRANT funds.
PROJECT COMPLETION – when the PROJECT is complete and the facilities are open and
useable by the public.
PROJECT COMPLETION PACKET – The documents listed on page 36 that are required in
order to request final payment following PROJECT COMPLETION.
PROJECT OFFICER – an OGALS employee, who acts as a liaison with GRANTEES and
administers GRANT funds, facilitates compliance with the Procedural Guide, and the
GRANT contract.
SCOPE – the acquisition, recreation features and major support amenities, or COMMUNITY
ACCESS PROJECT described in the APPLICATION PACKET that must be completed prior to
final GRANT payment.
TOTAL PROJECT COST – the combined dollar amount of all funding sources used to
complete the acquisition, or recreation features and major support amenities described
in the APPLICATION PACKET.
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