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RPVCCA_SA_SR_2013_08_06_D_Ab_Cove_Grant_ContractCITY OF RANCHO PALOS VERDES MEMORANDUM TO: FROM:· DATE: SUBJECT: HONORABLE CHAIR AND MEMBERS OF THE BOARD OF DIRECTORS OF THE SUCCESSOR AGENCY TO THE CITY OF RANCHO PALOS VERDES REDEVELOPMENT AGENCY JOEL ROJAS, AICP, DIRECTOR AUGUST 6, 2013 DEVELOPMENT ABALONE COVE SHORELINE PARK IMPROVEMENT PROJECT-LAND AND WATER CONSERVATION FUND GRANT CONTRACT (SUPPORTS 2013 CITY COUNCIL GOALS -INCREASE CITIZEN INVOLVEMENT) REVIEWED: CAROLYN LEHR, EXECUTIVE DIRECTOR~ Project Manager: Ara Mihranian, AICP, Deputy Community Development Director RECOMMENDATION Designate the Executive Director as the Authorized Representative of the Successor Agency for the Land and Water Conservation Fund Grant Contract; accept the terms of the Grant Contract and Deed Restrictions associated with the Land and Water Conservation Fund grant that was awarded to the City for the Abalone Cove Shoreline Park Improvement Project, and authorize the Memorandum of Unrecorded Grant Agreement be recorded against the Property. BACKGROUND Acquisition and Ownership of the Park by the County. In 1975, the County of Los Angeles (County) acquired several lots that comprise the Abalone Cove Park Property from private owners with Land and Water Conservation Fund Program grant funds ($1,428,000) provided by the federal government through the SA D-1 LWCF GRANT -ABALONE COVE SHORELINE PARK AUGUST 6, 2013 PAGE2 California Department of Parks and Recreation. An agreement setting forth the conditions that were attached to acceptance of the funds was executed by the County and the State. The agreement prohibits the conversion of "any property or facility acquired or developed pursuant to this agreement to other than a public outdoor recreation use without the prior approval of the Liaison Officer and the Director." In 1977, two years after acquiring the property that comprises the Park, the County entered into an agreement with the State Department of Fish and Game to designate a 124.42 acre area as the Abalone Cove Ecological Reserve. The Reserve covers the shoreline portion .of the property and extends into the ocean. Conveyance of the Park Property to the Redevelopment Agency. In 1988, the County conveyed the Park property to the former Rancho Palos Verdes Redevelopment Agency (Agency) pursuant to the Reimbursement and Settlement Agreement that was entered into between the Agency, the County and the City in connection with the settlement of the Horan litigation. The Horan lawsuit had been filed by private property owners whose properties had been damaged by movement of the Abalone Cove Landslide. That Landslide, which has been significantly slowed due to the successful use of dewatering wells, also caused damage to the Park property. Accordingly, the Horan agreement reflected that fact, and the Agency agreed to accept the Park property from the County "as is." The Agency also accepted the Park property subject to the agreements discussed above. Because the Agency never had any revenues to operate the Park, the Agency Board authorized the City to operate and manage the Park and maintain the improvements. LCWF Grant to the City The Land and Water Conservation Fund program provides matching grants for acquisition or development of lands and facilities that provide or support public outdoor recreation. On November 1, 2010, pursuant to Council authorization at its October 19, 2010 meeting, the City filed a Land and Water Conservation Fund (LWCF) grant application with the California State Parks and Recreation Department for improvements at Abalone Cove Shoreline Park. The City applied for the grant because it manages the Park. On December 7, 2011, State Parks notified the City that it is the recipient of the LWCF grant (50% reimbursement grant), in the amount of $332,588, for the Abalone Cove Park Improvement Project (the total cost for the Project is estimated at $665, 176). On March 27, 2012, the City Manager, as the City's Authorized Agent designated in the Council-adopted Resolution 2010-99, executed the Grant Contract on behalf of the City as the grant applicant. On December 18, 2012, the City Council approved a contract to Melendrez to provide plans, specifications and cost estimate for the Abalone Cove Shoreline Park Improvements project in an amount not to exceed $52,500 and authorized Staff to spend up to a maximum of $4,030 (allowance) for possible unforeseen design work, for a total of authorization of $56,530. 1606379 'I . ,j :· SA D-2 LWCF GRANT -ABALONE COVE SHORELINE PARK AUGUST 6, 2013 PAGE3 The conceptual project plan for which the grant was awarded needed to be developed into actual construction plans. Therefore, a focus group of interested persons was once again engaged to assist the City and Melendrez in finalizing the project plan. The focus group has been asked to provide input on the final design, such as the placement and look of the park features listed above. Over the past several months, the Focus Group has met four times, with one more meeting scheduled for August 1ih, and has provided input on various design aspects of the project such as park furniture (benches and picnic tables), trash bins, shade structures, trailhead features, outdoor classrooms, exploration play area, etc. The final construction plans are being presented to the Focus Group at its August 1 ih meeting and are then scheduled to be presented to the City Council at its September 3rd meeting. Once the construction plans have been affirmed by the City Council, the City will initiate the construction bid process with construction anticipated to occur in early 2014. LWCF Gtant Time Limits According to the terms of the LWCF grant, this project is required to be completed by June 30, 2014 (unless a time extension is granted by State Parks). Due to this deadline, the City is operating under an aggressive schedule and anticipates having the final design completed by this summer so that construction bid documents can be completed with construction commencing soon thereafter. Actual construction is anticipated to take approximately 5 months and is tentatively scheduled to occur during off-peak season. If all goes according to schedule without any major delays, the project is expected to be completed in advance of the grant deadline. DISCUSSION Memorandum of Unrecorded Grant Agreement Like the prior LWCF grant that was awarded to the County, the award of the recent LWCF grant also requires that a Memorandum of Unrecorded Grant Agreement (MOUGA) be executed and recorded against the Property. By so doing, notice of the grant agreement and its restrictions will be provided. The MOUGA refers to the Grant Agreement, which states that the property has restrictions for future improvements; that the property is to be maintained and operated for public outdoor recreational purposes as described in the Section 6(f)(3) map, and that the property cannot be sold or transferred without written approval from the State of California. Any future contemplated improvements or modifications are subject to approval by the State of California. This restriction will encumber the entire property, including the portions that are proposed to be within the City's Palos Verdes Nature Preserve (which also requires deed restrictions for conservation purposes). Because the document is to be recorded against the Park property, Staff is requesting the Board of Directors of the Successor Agency to accept the terms of the Grant Contract and Deed Restrictions that are associated with the Land and Water Conservation Fund grant, which was awarded to the City for the Abalone Cove Shoreline Park Improvement Project, and to authorize the Memorandum of Unrecorded Grant Agreement be recorded against 1606379 SA D-3 LWCF GRANT -ABALONE COVE SHORELINE PARK AUGUST 6, 2013 PAGE4 the Property. For the same reasons, Staff also intends to present these items for approval by the Oversight Board and the State Department of Finance. At the next meeting of the Successor Agency in September, Staff anticipates that they will present the Long Range Property Management Plan to the Board, which will include a recommendation that the Abalone Cove Park Property be kept in governmental use. This means that the Park property would be transferred to the City so the City would be able to keep the Property and use it for park and open space purposes, which are consistent with the purposes of the grants that were awarded to the County and the City. FISCAL IMPACTS Because the City operates the Park on the property and expends funds to maintain the Park, it is not anticipated that the Successor Agency will incur any financial obligation as a result of these actions. ALTERNATIVE The Successor Agency could decline to approve the recordation of the MOU GA against the property, which may cause the City to lose the grant for the improvements to the Park. CONCLUSION Staff recommends that the Successor Agency designate the Executive Director as the Authorized Representative of the Successor Agency for the Land and Water Conservation Fund Grant Contract; accept the terms of the Grant Contract and Deed Restrictions associated with the Land and Water Conservation Fund grant that was awarded to the City for the Abalone Cove Shoreline . Park Improvement Project, and . authorize the Memorandum of Unrecorded Grant Agreement be recorded against the Property. ATTACHMENTS Grant Contract Form of Memorandum of Unrecorded Grant Agreement 1606379 . ' • ,; ·,:• SA D-4 State of California • Natural Resources Agency Department of Parks and Recreation GRANT CONTRACT Land and Water Conservation Fund Competitive GRANTEE City of Rancho Palos Verdes PROJECT PERFORMANCE PERIOD is from September 16, 2011lhruJune3o,2014 ~~~'--~~~~~~~~~~~~~~~~~~~~ PROJECT TITLI; ABALONE COVE SHORELINE PARK IMPROVEMENT PROJECT PROJECT NUMBER 00-01719 Under the terms and conditions of this agreement, .the applicant agrees to complete the project as described in the project description, and the State of California, acting through its Director df Parks and Recreation pursuant to the program named above, agrees to fund the project up lo the total grant amount indicated. PROJECT Dl::SCRIPTION Develop Abalone Cow Shoreline Park by constructln!';J decomposed granite trails with !railhead and \'iewing station, picnic areas including group picnic facilities. shade structures/ outdoor classroom area, play area consisting of organic maze, and support facilities. Total State Grant not to exceed $332,588.00 (or 50% of the total project. which ever is less. The federally approved surcharge will be deducted at the time of billing.) Rate of Reimbursement 50.00% City of Rancho Palos Verdes Grantee By _ _Q_~~---:----- lyped or printed name of Authorized Representative lliit• aJiA./ Si~~~~ut~rlfdRepresen~twa Address ~'tt>~l\,'11\), ~CA C)Ol1:? "' Title CityMMager Date The General and Speclal PrOW.lons attached are made a part of and iooorporated Into lhe ConffacL STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION By Date CERTIFICATION OF FUNDING CONTRACT NO 08953009 AMENDMENT NO 000000489600 06·01719 CALSTARS VENDOR NO. I PROJECT NO. l-A:-:-M:--:o-:-u'""Nr:'."".e""N-:C'""uM-,B""e"'"R=cEO,.-BLY,_,,T..,.Hl_S_OO_C..,.U-M-ENT---+F-U_N_D_. _____________________ .... -...L.----------1 $332,588.00 Federal Trust Fund PRIOR AMOUNT ENCUMBERED FOR THIS CONTRACT ITEM !CHAPTER I STATUTE I FISCAL YEAR 3790-101·0890{1) 712/10 10 2011/12 T~TALAMOUNT.CNCUMBl:REDTOOA'fE INDEX. I OBJ.EXPEND .J PCA. I PROJECT/WORKPHASE $332,588.00 1091 702 68954 i 091012-00 t=-:::-:--:-:=----..,...--,.--.,,----1.---------'--------·-·-·--... . .... i ·--------------1 T.B.A. NO. l hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. B.R •• NO. ACCOUNTING OFFICER'S SIGNATURE SA D-5 Part I -Definitions State of California -The Resources Agency DEPARTMENT OF PARKS AND RECREATION Land and Water Conservation Fund Grant Contract Provisions A The term "NPS" or "Service" as used herein means the National Park Service, United States Department of the Interior. B. The term "Director" as used herein means the Director of the Nationi:i,I Park Service, or any representative lawfully delegated the authority to act for such Director. C. The term "Manual" as used herein means the Land and Water Conservation Fund State Assistance Program Manual. · D. The term "project" as used herein means a Land and Water Conservation Fund grant which is subject to the project agreement and/or its subsequent amendments. E. The term "State" as used herein means the State or Territory which is a party to the project agreement, and, where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to this agreement. Wherever a term, condition, obligation, or requirement refers to the State, such term, condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency, except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed synonymous. F. The term "Secretary" as used herein meanJ; the Secretary ofthe Interior, or any representative lawfully delegated the authority to act for such Secretary. Part II" Continuing Assurances The parties to the project agreement specifically recognize that the Land 11nd Water Conservation Fund project creates an obligation to maintain the property described in the project agreement and supporting application documentation consistent with the Land and Water Conservation Fund Actand the following requirements. Further, it is the acknowledged intent ofthe parties hereto that recipients of assistance will use monies granted hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase, commensurate at least with the Federal cost-share, in a participant's outdoor recreation. It is intended by both parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and local outdoor recreation funds. A. The State agrees, as recipient of this assistance, that it will meet the following specific requirements and that it will further impose these requirements, and the terms of the projectagreement, upon any political subdivision or public agency to which funds are transferred pursuant to the project agreement. The State also agrees that it shall be responsible for compliance with the terms of the project agreement by such a political subdivision or public agency and that failure by such political subdivision or public agency to so comply shall be deemed a failure by the State to comply with the terms of this agreement. B. The State agrees that the property described in the project agreement and the signed and dated project boundary map made part of that agreement is being acquired or developed with Land and Water Conservation Fund assistance, or is integral to such acquisition or development, and that, without the approval ofthe Secretary, it shall not be converted to other than public outdoor recreation use but shall be maintained in public outdoor recreation in perpetuity or for the term of the lease in the case of leased property. The Secretary shall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed necessary to assure the substitution of other recreation properties of at least equal fair market value and ofreasonably equivalent usefulness and location pursuant to Title 36 Part 59.3 of the Code of Federal Regulations. This replacement land becomes subjectto Section 6(f)(3) protection. The approval of a conversion shall be at the sole discretion of the Secretary, or his designee. SA D-6 Prior to the completion of this project, the State and the Director may mutually alter the area described in the project agreement and the signed and dated project boundary map to provide the most satisfactory public outdoor recreation unit, except that acquired parcels are afforded Section 6(f){3) protection as Fund reimbursement is provided. In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or development of property with full knowledge that the project is subject to reversionary rights and outstanding interests, conversion of said property to other than public outdoor recreation uses as a result of such right or interest being exercised will occur. In receipt of this approval, the State agrees to notify the Service of the potential conversion as soon as possible and to seek approval ofreplacement property in accord with the conditions set forth in these provisions and program regulations. The provisions of this paragraph are also applicable to: leased properties acquired and/or developed with Fund assistance where such lease is terminated prior to its full term due to the existence of provisions in such lease known and agreed to by the Service; and properties subject to other outstanding rights and interests that may result in a conversion when known and agreed to by the Service. C. The State agrees that the benefit to be derived by the United States from the full compliance by the State with the terms of this agreement is the preservation, protection, and the net increase in the quality of public outdoor recreation facilities and resources which are available to the people of the.State and of the United States, and such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the United States by way of assistance under the terms ofthis agreement. The State agrees that payment by the State to the United States of an amount equal to the amount of assistance extended under this agreement by the U1.tited States would be inadequate compensation to the United States for any breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy in the'event of a breach by the State of this agreement shall be the specific perfonnance of this agreement otthe submission and approval ofa conversion-of- use request as described in Section II.B above. D. The State agrees to comply with the policies and procedures set forth in Manual. Provisions of said Manual are incorporated into and made a part of the project agreement. E. The State agrees that the property and facilities described in the project agreement shall be operated and maintained as prescribed by Manual requirements and published post-completion compliance regulations (Title 36 Part 59 of the Code of Federal Regulations). F. The State agrees that a permanent record shall be kept in the participant's public property records and available for public inspection to the effect that the property described in the scope of the project agreement, and the signed and dated project boundary map made part of that agreement, has been acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted to other than public outdoor recreation use without the written approval of the Secretary of the Interior. G. Nondiscrimination 1. By signing the LWCF agreement, the State certifies that it will comply with all Federal Jaws relating to nondiscrimination as outlined in the Civil Rights Assurance appearing atPart IIH herein. 2. The State 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 as set forth in the Manual. Part III -Project Assurances A. Applicable Federal Circulars The State shall comply with applicable regulations, policies, guidelines and requirements as they relate to the application, acceptance and use of Federal funds for this federally assisted project, including: • OMB Circular A-102, Unifonn Administrative Requirements for Grants and Cooperative Agreements with State and Local Governments; • 43 CPR Part 12, Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior; • A-87, Cost Principles for State, Local, and Indian Tribal Governments; and • A-133, Audits of States, Local Governments, and Non-Profit Organizations . . . • ,J , .: ~ SA D-7 B. Project Application 1. The Application for Federal Assistance bearing the same project number as the agreement and associated documents is by this reference made a part of the agreement. 2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the application, including all understandings and assurances contained herein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. 3. The State has the capability to finance the non-Federal share of the costs for the project. Sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. · C. ProjectExecution I. The project period shall begin with the date of approval of the project agreement or the effective date of a waiver ofretroactivity and shall terminate at the end of the stated or amended project period unless the project is completed or terminated sooner in which event the project shall end on the date of completion or termination. 2. The State shall transfer to the project sponsor identified in the Application for Federal Assistance or the Descriptiorr and Notification Fonn all funds granted hereunder except those reimbursed to the State to cover eligible administrative expenses. 3. The State will cause work on the project to be commenced within a reasonable time after receipt of notification that funds have been approved and assure that the project will be prosecuted to completion with reasonable diligence. 4. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968 (Public Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be responsible for conducting inspections to insure compliance with these specifications by the contractor. 5. The State shall secure completion of the work in accordance with approved construction plans and specifications, and shall secure compliance with all applicable Fedel_'lil, State, and local laws and regulations. 6. In the event the project covered by the project agreement, cannot be completed in accordance with the plans and specifications for the project; the State shall bring the project to a point ofrecreational usefulness agreed upon by the State and the Director or his designee. 7. The State will provide for and maintain competent and adequate architectural/engineering supervision and inspection at the construction site to insure that the completed work confonns with the approved plans and specifications; that it wi11 furnish progress reports and such other infonnation as the NPS may require. 8. The State will comply with the terms of Title Uand Title III, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (I 970), and the applicable regulations and procedures implementing such Act for all real property acquisitions and where applicable shall assure that the Act has been complied with for property to be developed with assistance under the project agreement. 9. The State will comply with the provisions of: Executive Order 11988, relating to evaluation of flood hazards; Executive Order l 1288, relating to the prevention, control, and abatement or water pollution, and Executive Order I I 990 relating to the protection of wetlands. 10. The State will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act o~ 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available, as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes, for use in any area that has been identified as an area having special flood hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The phrase "Federal financial assistance" includes any form of loan, ,grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other fonn of direct or indirect Federal assistance. SA D-8 11. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic Preservation Act of 1966 (16 U.S.C. 469a~ J et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR Part 800.8) by the activity, and notifying the Federal grantor agency ofthe existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 12. The State will comply with "Minority Business Enterprises" and "Women's Business Enterprises" pursuant to Executive Orders 11625 and 12138 as follows: (!)Place minority and women business firms on bidder's mailing lists. (2) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or services. (3) Where feasible, divide total requirements into smaller needs, and set delivery schedules that will encourage participation by these firms. (4) The Department of the Interior is committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. The National Park Service Regional Offices will work closely with the States to ensure full compliance and that grant recipients take affirmative action in placing a fair share of purchases with minority business firms. 13. The State will comply with the intergovernmental review requirements of Executive Order 12372. D. Construction Contracted for by the State Shall Meet the Following Requirements: 1. Contracts for construction shall comply with the provisions of 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior). 2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or subgrantee to any party which has been debarred or suspended under Executive Order 12549. By signing the LWCF agreement, the State certifies that it will comply with debarment and suspension provisions appearing at Part IlI-J herein. E. Retention and Custodial Requirements for .Records I . Financial records, supporting documents, statistical records, and all other records pertinent to this grant shall be retained in accordance with 43 CFR Part 12 for a period of three years; except the records shall be retained beyond the three-year period if audit findings have not been resolved. 2. The retention period starts from the date of the final expenditure report for the project. 3. State and local governments are authorized to substitute copies in lieu of original records. 4. The Secretary ofthe Interior and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records of the State and local governments and their subgrantees which are pertinent to a specific project for the purpose of making audit, examination, excerpts and transcripts. F. Project Termination 1. The Director may temporarily suspend Federal assistance under the project pending corrective action by the State or pending a decision to terminate the grant by the Service. 2. The State may unilaterally terminate the project at any time prior to the first payment on the project. After the initial payment, the project may be terminated, modified, or amended by the State only by mutual agreement. 3. The Director may terminate the project in whole, or in part, at any time before the date of completion, whenever it is determined that the grantee has failed to comply with the conditions of the grant. The Director will promptly notify the State in writing of the determination and the reasons for the termination, together with the effective date. Payments made to States or recoveries by the Service under projects terminated for cause shall be in accord with the legal rights and liabilities of the parties. SA D-9 4. The Director or State may terminate grants in whole, or in part at any time before the date of completion, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. The two parties shall agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated. The grantee shall not incur new obligations for the terminated portion after the effective date, and shall cancel as many outstanding obligations as possible. The NPS may allow full credit to the State for the Federal share of the noncancelable obligations, properly incurred by the grantee prior to tennination. 5. Termination either for cause or for convenience requires that the project in question be brought to a state of recreational usefulness agreed upon by the State and the Director orthat all funds provided by the National Park Service be returned. G. Lobbying with Appropriated Funds The State must certify, for the award of grants exceeding $100,000 in Federal assistance, that no Federally appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding, extension, continuation, renewal, amendment, or modification of this grant. In compliance with Section 1352, title 31, U.S. Code, the State certifies, as follows: The undersigned certifies, to the best of his or her knowledge and belief, that: (/)No Federal appropriatedfunds have been paid or will be paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriatedfunds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 135?, title 31, U.S. Code. Any person who fails to file the required certification shall be subject Jo a civil penalty of not less than $10,000 and not more than $100,000for each such failure. H. Provision ofa Drug-Free Workplace In compliance with the Drug-Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as follows: The grantee certifies that it will or continue to provide a drug-free workplace by: (a) Publishing a statement notifYing employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for vio/at;on of such prohibition; (b) EstabUshing an ongoing drug-free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace,· (2) The grantee's policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and . , . ,; -..:,. SA D-10 (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the pelformance of a grant be given a copy of the statement required by paragraph (a); (d) NotifYing the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will: (/)Abide by the terms of the statement; and (2) NotifY the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) NotifYing the agency in writing, within ten ca/endardays after receMng notice under subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point/or the receipt of such notices. Notice shall include the identification number(s) of each affected grant; (/) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respectto any employee who is so convicted; (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved/Qr such purposes by a Federal, State, or local health. law enforcement, or other appropriate agency; (g) Making '1 good faith effort to continue to maintain a ~ug-:free workplace through implementation oflwragraphs (a), (b), (c), (d), (e) and(/). The State must include with its application for assistance a specification of the site(s) for the performance of work to be done in connection with the grant. I. Civil Rights Assurance The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it will comply with all Federal laws relating to nondiscrimination. These laws include, but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or national origin; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 V.S.C. 794), which prohibits discrimination on the basis of handicap; (c) the Age Discrimination Act of 1975, as amended (42 V.S.C. 6/01 et. seq.), which prohibits discrimination on the basis of age; and applicable regulatory requirements to the end that no person in the United States shall, on the grounds of race, color, national origin, handicap or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will immediately take any measures necessary to effectuate this agreement. THJS ASSURANCE shall apply to all aspects of the applicant's operations including those parts that have not received or benefited from Federal financial assistance. If any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Applicant by the Department, this assurance shall obligate the Applicant, or irt the case of any transfer of such property, any transferee, for the period during which it retains ownership or possession of the property. In all other cases, this assurance shall obligate the Applicant/or the period during which Jhe Federal financial assistance is extended to it by the Department. THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assfstance extended after the date hereof to the Applicant by the Department; including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United State shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, assignees, and subrecipients and the person whose signature appears on the grant agreement and who is authorized to sign on behalf of the Applicant .. . ,) :-SA D-11 J. Debannent and Suspension Certification Regarding J)ebarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions (I) The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed/or debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statement, or receiving stolen property; (c} Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (I)(b) of this certification; and (d) Have not within a three-year periodpreceding this applicatlonlproposal had one or more public transactions (Federal, State or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certifY to any of the statements ;n this certification, such prospective participant shall attach an explanation to this proposal. The State ff.Irther agrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions" appearing below in any agreement entered into with lower tier participants in the implementation of this grant. Department ofinterior Form 1954 (Dl-1954) may be used for this purpose. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion -Lower Tier Covered Transactions (J) Theprospective lower tier participant certifies, by submlsston of this application that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excludedfrom pariicipation in this transaction by any Federaldepartment or agency. (2) Where the prospective lower tier participant is unable to certifY to any of the statements in this certification, such prospective participant shall attach an explanation to this application. K. Hold Hannless The Grantee shall indemnify the State of California and its officer, agents and employees against and hold the same free and harmless from any and all claims, demands, damages, losses, costs, and/or expenses of liability due to, or arising out of, either in whole or in part, whether directly or indirectly; the organization, Development, construction, operation, or maintenance of the Project. . ' . ,j ·,.:,; SA D-12 Part IV Recording requested by, and When recorded, return to: State of California Department of Parks and Recreation Grants and Local Services Division P.O. Box 942896 Sacramento, CA 94296-0001 County: ___________ --:=--- (BASED ON PROJECT LOCATION) (PROJECT'S ASSESSOR PARCEL NUMBER) Space above this Ii ne for Recorder's use Memorandum of Unrecorded Grant Agreement This Memorandum of Unrecorded Grant Agreement (Memorandum), dated as of _____ _ (DATE SIGNED BY GRANTEE), is recorded to provide notice of an agreement between the State of California, acting by and through the Department of Parks and Recreation (DPR), and the ----------------------(GRANTEE). RECITALS A. On or about (DATE CONTRACT EXECUTED), DPR and Grantee entered into a certain Grant Agreement No. (DPR CONTRACT#) , pursuant to which DPR granted to Grantee certain funds for (DPR PROJECT#), for the acquisition and/or improvement of certain real property more particularly described in attached "Exhibit A" and incorporated by reference (the "Real Property"). B. Under the terms of the Grant Agreement, DPR reserved certain rights with respect to the Real Property acquired or improved with the grant funds. C. Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain rights reserved by DPR under the Grant Agreement. NOTICE 1. The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting by and through the Department of Parks and Recreation (DPR), or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. For additional terms and conditions of the Grant, reference should be made to the Grant Agreement which is on file with the DPR located at: Office of Grants and Local Services, 1416 Ninth Street, Room 918, Sacramento, CA 95814. Department of Parks and Recreation: By: ______________ _ Signature Date Printed Name and Title LWCF Procedure Guide . ' . GRANTEE: By: ___________ _ 35 ,; ·.:. ~ Signature Printed Name and Title Authorized Representative Date Memorandum of Unrecorded Grant Agreement SA D-13