HomeMy WebLinkAboutState of California - Natural Resources Agency - Department of Parks and Recreation - 2024-03-18 State of California — Natural Resources Agency'.ECE'VED
DEPARTMENT OF PARKS AND RECREATION MAR 2 9 2024
AMENDMENT TO CONTRACT ,-,,,._„.. t; ,�l�'S
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Contract No. C9778013 Amendment No. 2
THIS AMENDMENT is hereby made and agreed upon by the State of California, acting
through the Director of the Department of Parks and Recreation and by the City of
Huntington Beach
The State and, City of Huntington Beach in mutual consideration of the promises made
herein and in the contract in which this is an amendment, do promise as follows:
To extend the liquidation date from June 30, 2024 to June 30, 2025 and to add the
Special Provisions, Section III.
In all other respects, the contract of which this is an amendment, and the terms and
conditions if relevant thereto, shall remain in full force and effect. In witness whereof the
parties hereto have executed this amendment as of the date entered below.
STATE DEPART E T O RKS AND RECREATION
Applic . ity of nti gton Be
By By Date 1 0 1f I � �`� i
Title Interim City Manager
Applicant's Authorized Representative as shown in Resolution
Date l l 3` Receive and File
CERTIFICATION OF FUNDING
(FOR STATE USE ONLY) City Clerk s 8/.2y
CONTRACT NO AMENDMENT NO FISCAL SUPPLIER I.D. PROJECT NO
C9778013 2 0000011723 HT-30-010
AMOUNT ENCUMBERED BY THIS FUND
DOCUMENT Habitat Conservation Fund
0
PRIOR AMOUNT ENCUMBERED BY THIS ITEM CHAPTER STATUTE FISCAL YEAR
CONTRACT 3790-601-0262(1) 9/90 1990 2023/24
$35,000
TOTAL AMOUNT ENCUMBERED TO DATE Reporting Structured Account/Alt Account ACTIVITY CODE PROJECT/WORK
$35,000 37900091 5432000- 63666 PHASE
5432000000
GRANT CONTRACT
I. RECITALS
1. This agreement is entered into between the State of California, by and through the
California Department of Parks and Recreation (hereinafter referred to as "STATE") and
City of Huntington Beach (hereinafter referred to as "grantee").
2. The California Wildlife Protection Act of 1990, Fish and Game Code, Chapter 9,
commencing with Section 2780 (the ACT) authorizes the STATE to award grants to
eligible entities.
3. Pursuant to the California Wildlife Protection Act of 1990, Fish and Game Code,
Chapter 9, commencing with Section 2780, the STATE is authorized to oversee and
manage grants to eligible entities for the purposes stated within its provisions. Funding
for this $2,000,000 GRANT program was made available through the California Wildlife
Protection Act of 1990, Fish and Game Code, Chapter 9 (commencing with Fish and
Game Code § 2780).
4. The STATE hereby grants to grantee a sum (hereinafter referred to as "grant monies")
not to exceed thirty-five thousand Dollars ( $35,000 ), subject to
the terms and conditions of this agreement, the HCF Application GUIDES, any
legislation applicable to the ACT and the APPLICATION.
5. In consideration thereof grantee agrees to abide by the terms and conditions of this
agreement as well as the provisions of the ACT. Grantee acknowledges that the grant
monies are not a gift or a donation.
6. In addition to the terms and conditions of this agreement, the parties agree that the
terms and conditions contained in the documents set forth below are hereby
incorporated into and made part of this agreement.
a. The Grant Administration Guide
b. The APPLICATION GUIDE
c. The submitted APPLICATION
II. SPECIAL PROVISIONS
1. This agreement includes the following special provisions, when project circumstances
warrant (by either party):
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III. GENERAL PROVISIONS
A. Definitions
As used in this agreement, the following words shall have the following meanings:
1. The term "ACT" means the statutory basis for this grant program.
2. The term "APPLICATION" means the individual project APPLICATION packet for a grant
pursuant to the enabling legislation and/or grant program process Grant Administration
Guide requirements.
3. The term "ACQUISITION" means to obtain fee title of real property or a permanent
easement which provides the recipient permanent rights to use the property for the
purposes of the project. Leases or rentals do not constitute ACQUISITION.
4. The term "CONTRACT PERFORMANCE PERIOD" means the period of time described
on page 1 of this agreement.
5. The term "DEVELOPMENT" (trails category only) means capital improvements to real
property by, but not limited to, improvement, construction, reconstruction, and/or
protection of permanent or fixed features of the property.
6. The term "ENHANCEMENT" means to increase the habitat value of the land to benefit
the targeted species.
7. The term "GRANT PERFORMANCE PERIOD" means the period of time described on
page 1 of this agreement, during which eligible costs can be charged to the grant and
which begins on the appropriation date and ends on the fund liquidation date.
8. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE /cost estimate
form found in the APPLICATION.
9. The term "GUIDES" means the documents identified as the APPLICATION and Grant
Administration GUIDES for the Habitat Conservation Fund program for deer/mountain
lion habitat, rare, endangered, threatened, or fully-protected species habitat, wetlands,
anadromous salmonids and trout habitat, riparian habitat, trails, and WILDLIFE AREA
ACTIVITIES, as incorporated by reference in Title 14, California Code of Regulations,
Section 4870-4877.
10.The term "RESTORATION" means the act of bringing either land or a species back into
a former, non-impaired condition.
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11.The term "STATE" refers to the State of California acting by and through the Department
of Parks and Recreation.
12.The term "WILDLIFE AREA ACTIVITIES" means an event, or series of events to be
accomplished with grant funds, such as a nature interpretation, educational, or other
enrichment project, (e.g., classes, trips, etc.), organized and/or conducted by the
grantee, and intended to bring urban residents into park and wildlife areas.
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 on page 1 of this agreement, in
consideration of, and on condition that, the sum be expended in carrying out the purposes
set forth in the GRANT SCOPE, and under the terms and conditions set forth in this
agreement.
The grantee shall assume the obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE.
2. After the STATE has approved the APPLICATION, all changes and alterations to the
GRANT SCOPE must be approved in writing by the STATE. Grantee's failure to comply
with this provision may be construed as a breach of the terms of the agreement and result
in the termination of payment of the grant monies provided for in this agreement.
To maintain the integrity of the competitive grant program, the grantee agrees that any
other project changes or alterations which deviate from the GRANT SCOPE in the
original competitive APPLICATION must be submitted in writing to the STATE for prior
approval.
3. The grantee shall complete the GRANT SCOPE in accordance with the time of the
GRANT PERFORMANCE PERIOD set forth on page one of this agreement, and under
the terms and conditions of this agreement.
4. The grantee shall comply with the California Environmental Quality Act (Public Resources
Code, Section 21000, et. seq., Title 14, California Code of Regulations, Section 15000 et.
seq.).
5. The grantee shall at all times comply with all applicable current laws and regulations
affecting ACQUISITION, ENHANCEMENT, RESTORATION, DEVELOPMENT, AND
WILDLIFE AREA ACTIVITIES 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.)
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6. If the GRANT SCOPE includes ACQUISITION of real property, the grantee agrees to
comply at all times with all applicable STATE and local laws or ordinances affecting
relocation and real property ACQUISITION.
7. Grantee agrees that lands acquired with grant monies shall not be acquired through the
use of eminent domain.
C. Project Costs
1. Grantee agrees to abide by the GUIDES.
2. Grantee acknowledges that the STATE may make reasonable changes to its procedures
as set forth in-the GUIDES. If the STATE makes any changes to its procedures and
guidelines, the STATE agrees to notify grantee within a reasonable time.
D. Project Administration
1. If the STATE advances grant monies for ACQUISITION projects, the STATE shall place
the grant monies in an escrow account. If grant monies are advanced and not expended,
the unused portion of the advanced funds shall be returned to the STATE within 60 days
after the close of escrow.
2. If grant monies are advanced for an ENHANCEMENT, RESTORATION,
DEVELOPMENT, or WILDLIFE AREA ACTIVITIES project, the advanced funds may be
placed in an interest-bearing account until expended. Advanced funds must be spent
within six months from the date of receipt, unless the STATE waives this requirement.
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
advance and any unused interest earned shall be returned to the STATE within 60 days
after project completion or the end of the GRANT PERFORMANCE PERIOD, whichever
is earlier. -
3. The grantee shall submit a written status report 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 on page one of this agreement.
4. The STATE shall have the right to inspect all property or facilities acquired and/or
developed pursuant to this agreement and the grantee shall make such property or
facilities available for inspection upon 24 hours' notice from the STATE.
5. The grantee and the STATE agree that if the GRANT SCOPE includes ENHANCEMENT,
RESTORATION, DEVELOPMENT, or WILDLIFE AREA ACTIVITIES project activities,
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final payment may not be made until the work described in the GRANT SCOPE is
complete.
6. Any grant funds that have not been expended by the grantee by the date on the
PROJECT COMPLETION Certification form, or by end of the GRANT PERFORMANCE
PERIOD, whichever is earlier, shall revert to the STATE.
E. Project Termination
1. In the event of non-completion of a GRANT SCOPE, the STATE may request the return
of any grant funds advanced or reimbursed.
2. This agreement may be rescinded, modified or amended only by mutual written
agreement between the grantee and the STATE, unless the provisions of this agreement
provide that mutual agreement is not required for a rescission, modification or amendment.
3. Failure by the grantee to comply with the terms of this agreement, as well as any other
agreements that grantee has entered into with STATE, may be cause for suspension of
all obligations of the STATE under this agreement 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 agreement despite
non-performance of the grantee. To qualify for such reimbursement, grantee agrees to
mitigate its losses to the best of its ability.
4. The grantee agrees that in the event of a breach of this agreement, the STATE may seek,
in addition to all remedies provide by law, specific performance of the agreement in
accordance with the purpose of the agreement to preserve, protect and increase the
quantity and quality of habitat opportunities and/or resources available to the people of the
State of California.
F. Budget Contingency Clause
For purposes of this program, if funding for any fiscal year is reduced or deleted by the
budget act, executive order, the legislature, or by any other provision of statute, the
STATE shall have the option to either cancel this agreement with no liability occurring to
the STATE, or offer an amendment to the agreement to reflect a reduced grant amount.
This paragraph shall not require the mutual agreement as addressed in Paragraph E,
subsection 2, of this agreement.
G. Indemnity
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
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any way connected with or incident to this agreement, except valid legal claims arising
from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. To the fullest extent of the law, 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 an ACQUISITION,
ENHANCEMENT, RESTORATION, DEVELOPMENT, or WILDLIFE AREA ACTIVITIES
project, construction, operation or maintenance of the property described as the project
which claims, demands or causes of action arise under California Government Code
Section 895.2 or otherwise except for liability arising out of the concurrent or sole
negligence of the STATE, its officers, agents, or employees.
3. The grantee agrees that in the event the STATE is named as codefendant under the
provisions of California Government Code Section 895 et. seq., the grantee shall notify
the STATE of such fact and shall represent the STATE in the legal action unless the
STATE undertakes to represent itself as codefendant in such legal action in which event
the STATE shall bear its own litigation costs, expenses, and attorney's 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.
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 and records for
the project and make them available to the STATE for auditing at reasonable times.
The grantee also agrees to retain such financial accounts, documents and records for at
least five years following project termination or 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 grant monies, (b) the total cost
of the project, (c) the amount and nature of project funds provided by other sources, and
(d) any other records that will facilitate an effective audit of the grant monies.
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 agreement or matters related thereto
during regular office hours. The grantee shall maintain and make available for
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inspection by the STATE accurate records of all of its costs, disbursements and receipts
with respect to its activities under this agreement. Such accounts, documents, and
records shall be retained by the GRANTEE for at least 5 years following final payment of
grant monies.
4. The grantee shall use a generally accepted accounting system, per state and federal
requirements.
I. Use of Facilities
1. The grantee agrees to operate and maintain project sites and/or locations for the
duration of the CONTRACT PERFORMANCE PERIOD. If any property is acquired,
enhanced, restored, or developed with grant monies, the grantee is required to operate
and maintain the same for the duration of the CONTRACT PERFORMANCE PERIOD.
2. The grantee agrees that during the GRANT PERFORMANCE PERIOD, any income
earned by the grantee from a STATE-approved use of the project shall be used for
project purposes, or, if approved by the STATE, for other purposes within the grantee's
jurisdiction.
3. The grantee acknowledges that reasonable public access shall be provided except
when that access may interfere with habitat protection.
4. All facilities shall have operating hours consistent with the times proposed in the
APPLICATION and be open to members of the public in accordance with the project
selection criteria in the APPLICATION, unless otherwise granted permission by the
STATE and except as noted under the special provisions of this agreement or under
provisions of the enabling legislation and/or grant program.
5. The grantee agrees that for the duration of the CONTRACT PERFORMANCE PERIOD,
any property acquired, enhanced, restored or developed with grant monies under this
agreement shall be used only for the purposes of the grant and. consistent with the
GRANT SCOPE referenced in the APPLICATION unless prior written approval is given
by the STATE.
6. The grantee agrees to use any property acquired, enhanced, restored, or developed
with grant monies under this agreement only for the purposes of the grant and no other
use, sale, or other disposition shall be permitted except as authorized by a specific act
of the legislature in which event the property shall be replaced by the grantee with
property of equivalent value and usefulness as determined by the STATE.
7. The property acquired, enhanced, restored, or developed with grant monies may be
transferred to another eligible entity only if the successor entity assumes the obligations
imposed under this agreement and with written approval of the STATE.
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8. Any real property acquired or developed with grant monies (including any portion of it or
any interest in it) may not be used as security for any debt or mitigation, without the
written approval of the STATE, provided that such approval shall not be unreasonably
withheld as long as the purposes for which the grant monies were 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 this agreement.
9. All real property or rights thereto, acquired with grant monies shall be subject to an
appropriate form of restrictive title, rights, or covenants required and approved by the
STATE. If the project property is taken by use of eminent domain, grantee shall
reimburse the STATE an amount at least equal to the amount of grant monies received
from the STATE or the pro-rated full market value of the real property, including
improvements, at the time of sale, whichever is higher.
10.If eminent domain proceedings are initiated against grantee, grantee shall notify the
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, creed,
color, national origin, age, religion, ancestry, sexual orientation, disability, medical
condition, or marital status in the use of project site(s) as included in the APPLICATION.
2. The grantee shall not discriminate against any person on the basis of residence, and
shall not apply differences in admission or other fees on the basis of residence. Fees
shall be reasonable and not unduly prevent use by economically disadvantaged
members of the public.
K. Severability
If any provision of this agreement or the application thereof is held invalid, that invalidity
shall not affect other provisions or applications of the agreement which can be given effect
without the invalid provision or application, and to this end the provisions of this contract
are severable.
L. Liability
STATE assumes no responsibility for assuring the safety of construction, site
improvements or programs related to the GRANT SCOPE. The STATE's rights under this
agreement to review, inspect, and approve the GRANT SCOPE and any final plans of
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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.
M. Assignability
Without the written consent of the STATE, the grantee's interest in and responsibilities
under this agreement shall not be assignable by the grantee either in whole or in part.
N. Section Headings
The headings and captions of the various sections of this agreement have been inserted
only for the purpose of convenience and are not a part of this agreement and shall not be
deemed in any manner to modify, explain, or restrict any of the provisions of this
agreement.
O. Waiver
Any failure by a party to enforce its rights under this agreement, in the event of a breach,
shall not be construed as a waiver of said rights; and waiver of any breach under this
agreement shall not be construed as a waiver of any subsequent breach.
Ill. Special Provisions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO)
regarding Economic Sanctions against Russia and Russian entities and individuals.
"Economic Sanctions" refers to sanctions imposed by the U.S. government in response to
Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO
directs state agencies to terminate contracts with, and to refrain from entering any new
contracts with, individuals or entities that are determined to be a target of Economic
Sanctions. This Executive order extends to recipients of any State Grants (Grantee).
Grantees include those who have contracted or will contract to receive State grants funds.
Accordingly, should the State determine that a Grantee is a target of Economic Sanctions
or is conducting prohibited transactions with sanctioned individuals or entities that shall be
grounds for termination of this agreement. The State shall provide the Grantee advance
written notice of such termination, allowing the Grantee at least 30 calendar days to provide
a written response. Termination of any contract found to be in violation of this
Executive Order shall be at the sole discretion of the State.
City of Huntin ton Beach
Grantee
By: ` �'
Signature of Authorized Representative (Position Authorized in the Resolution)
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Title: Interim City Manager
Date: lA J l Z�
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