HomeMy WebLinkAboutE-7 Staff Report - Memorial Veterans Playground Equip Replacement-submittedTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
VIA: SERGIO GONZALEZ, CITY MANAGER
CONSENT ITEM
E-7
FROM: MIKI CARPENTER, DIRECTOR OF COMMUNITY RESOURCES
ROBERT DELGADILLO, PE, DIRECTOR OF PUBLIC WORKS
DATE: FEBRUARY 1, 2021
SUBJECT: ACCEPT GRANT FUNDING FROM LOS ANGELES REGIONAL PARK AND OPEN
SPACE DISTRICT AND APPROVE THE PURCHASE AND INSTALLATION OF
PLAYGROUND EQUIPMENT AT BOTH MEMORIAL PARK BY MIRACLE
PLAYGROUND SALES, AND VETERANS FREEDOM PARK BY GAMETIME
BACKGROUND:
The playground equipment, at both Memorial Park and Veterans Freedom Park, has been in place since
approximately 2006. Useful life of playground equipment manufactured at that time was about 10 years.
Normal wear, breakage and the inability to obtain replacement parts have resulted in the replacement of the
equipment at the two parks becoming high priority projects as established through goal setting by the Parks
and Recreation Commission.
Staff submitted applications to Los Angeles Regional Park and Open Space District (RPOSD) for approval
to utilize Azusa’s Measure A allocation to fund these projects. RPOSD has approved the applications and
the specific details of the projects are being populated into their template agreement.
As part of the application process, RPOSD requires several community engagement activities in order to
allow the community to drive the nature of projects Measure A dollars are spent on along with allowing the
community to participate in design preferences. These requirements have been met and playground
equipment have been identified and reviewed by the Commission. The recommended equipment are
available through Miracle Playground Sales, a member of Sourcewell (formerly NJPA) and GameTime, a
member of OMNIA Partners, so the competitive bidding process has already been conducted on the City’s
behalf.
RECOMMENDATIONS:
Staff recommends that the City Council take the following actions:
1)Authorize the City Manager to execute the two Agreements, in forms acceptable to the City Attorney,
with RPOSD for utilization of Measure A funds to complete the purchase and installation of
playground equipment at Memorial Park and Veterans Freedom Park;
APPROVED
CITY COUNCIL
2/1/2021
Purchase and Installation of New Playground Equipment
February 1, 2021
Page 2
2) Waive the competitive bid process as authorized under Azusa Municipal Code Section 2.521(a) and
approve the purchase and installation of new playground equipment at Memorial Park by Miracle
Playground Sales in the amount of $219,596.05, which includes a 10% contingency; and,
3) Waive the competitive bid process as authorized under Azusa Municipal Code Section 2.521(a) and
approve the purchase and installation of new playground equipment at Veterans Freedom Park by
Gametime in the amount of $166,727.47, which includes a 10% contingency.
ANALYSIS:
The playground equipment at Memorial Park and Veterans Freedom Park has fallen into a state of disrepair
due to age and use. Replacement of the playground equipment was established as a high priority by the Parks
and Recreation Commission. As Azusa’s Measure A allocation dollars have become available to cover the
cost, staff began the process of completing the multiple steps required before applying for the use of those
funds.
The approval process requires several types of outreach through printed and electronic media as well as in
person community engagement. This is a requirement as set by RPOSD to make sure that the community is
supportive of the spending of the Measure A funds on respective projects. The replacement of the playground
equipment at the two parks was discussed via the Azusa Light & Water Newsletter, on the City’s website,
and via social media outlets. In person discussion took place at sports banquets and a presentation from the
potential vendors was made at the March 5th, 2020 Parks and Recreation Commission meeting.
At Memorial Park, a sports theme was chosen with sun shades included. A picture of the conceptual drawing
is attached to the quote from Miracle Playground Sales in Attachment 2. At Veterans Freedom Park the
theme is patriotic with the red, white and blue colored equipment. Shade structures are also included in this
concept and a conceptual drawing can be found attached to the Gametime quote in Attachment 3.
Both Miracle Playground Sales and GameTime are members of cooperative purchasing organizations for
local government, and has conducted a competitive bidding process on the City’s behalf.
ENVIRONMENTAL REVIEW:
The proposed project is exempt from environmental review pursuant to the California Environmental Quality
Act (Pub. Resources Code, §§21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal. Code Regs,
tit. 14, §§ 15000 et seq.). Specifically, the proposed project qualifies for a Class I Categorical Exemption
(State CEQA Guidelines, § 15301), which applies to the operation, repair, maintenance, permitting, leasing,
licensing, or minor alteration of existing public structures, facilities, mechanical equipment, or topographical
features, involving negligible or no expansion of existing former use. The subject project would rehabilitate
equipment to meet current standards for safety and provide for improved safety or health protection devices
in conjunction with existing structures and facilities.
FISCAL IMPACT:
There is no fiscal impact to the General Fund associated with the recommended actions. Total estimated
project costs for the Memorial Park Playground Replacement are $220,145.77. This includes the purchase
and installation of the playground equipment, funding for required signage and 10% contingency. Total
estimated project costs for the Veterans Freedom Park Playground Replacement are $167,277.43. This
includes the purchase and installation of the playground equipment, funding for required signage and 10%
contingency. Funding for these projects are available in Azusa’s Measure A Annual Allocation funds.
Upon council approval, staff will prepare the required budget amendment for this project.
Prepared by: Reviewed and Approved:
Nikki Rosales Miki Carpenter
Senior Management Analyst Director of Community Resources
Reviewed and Approved: Fiscal Impact Review:
Robert Delgadillo, P.E. Talika M. Johnson
Director of Public Works Administrative Services Director
Reviewed and Approved:
Sergio Gonzalez
City Manage r
Attachments:
1) RPOSD Grant Agreement Template
2) Miracle Playground Sales Quotation for Memorial Park
3) GameTime Quotation for Veterans Freedom Park
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 1 of 17 Revised 11/17/2020
Grant Number:
Project Title:
Grant Award Amount:
Project Summary:
PARTIES TO AGREEMENT
Grantor ______
Los Angeles County
Regional Park and Open Space District
1000 South Fremont Avenue, Unit #40
Building A-9 East, Ground Floor
Grantee_____________________________
Alhambra, CA 91803
RECITALS
The Grantee listed below (“Grantee”) and the Los Angeles County Regional Park and Open Space
District (“RPOSD”) do hereby enter into this Grant Agreement (“Agreement”), and under the
terms and conditions of this Agreement, Grantee agrees to complete the project as described in
the Project Summary and RPOSD, acting through the Director of the County of Los Angeles
Department of Parks and Recreation and pursuant to Measure A, agrees to fund the project up
to the grant award amount indicated.
SPECIAL PROVISIONS:
Attachment 1
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 2 of 17 Revised 11/17/2020
INTERPRETATION
In construing terms of this Agreement, the following rules shall apply:
Unless otherwise expressly noted, references in this base Agreement to paragraphs and
subparagraphs are to paragraphs and subparagraphs of this Agreement.
Singular nouns and phrases incorporating them (e.g., referring to objects, persons, events or
otherwise) shall be construed to also include the plural except where reference to a single item
is implied or necessary pursuant to the context of the word or phrase in question. Plural nouns
and phrases incorporating them shall be construed to also include the singular except where
reference to multiple items is implied or necessary pursuant to the context of the word or phrase
in question.
Reference in this Agreement to Federal, State, and/or other governmental statutes, codes, rules,
regulations, ordinance, guidelines, directives and/or policies, including those copies of which are
attached to this Agreement, shall mean and shall be to such statutes, codes, rules, regulations,
ordinances, guidelines, directives and/or polices as amended from time to time.
Unless expressly stated otherwise, all approvals, consents, or determinations by or on behalf of
RPOSD under this Agreement, will be in writing, and may be given or withheld in the sole
discretion or judgment of the person or entity authorized to provide or make such approval,
consent, or determination.
WORK
Pursuant to the provisions of this Agreement, the Grantee shall fully perform, complete and
deliver on time, all tasks, deliverables, services and other work as set forth in herein.
If the Grantee provides any tasks, deliverables, goods, services, or other work, other than as
specified in this agreement, the same shall be deemed to be a gratuitous effort on the part of the
Grantee, and the Grantee shall have no claim whatsoever against RPOSD.
GOOD STANDING POLICY
Good Standing describes a Grantee who is in compliance with all requirements stated in the Grant
Agreement, guidelines, policies, and procedures of RPOSD for both Proposition A and Measure
A. Good Standing is required of Grantees to receive any grant funds and processing from RPOSD.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 3 of 17 Revised 11/17/2020
DEED RESTRICTION
To the maximum extent feasible, the Grantee shall cause to be recorded on the title of any real
property acquired and/or developed with funds from the Measure, a deed restriction requiring
compliance with the Measure A and the Grant Agreement, in perpetuity.
COMMUNITY ENGAGEMENT
The Grantee must conduct community outreach and engagement that meets the minimum
requirements, as defined in the Grant Administration Manual with the intent to ensure that
communities throughout Los Angeles County are aware of and can help determine spending
priorities for their projects and to facilitate a transparent process by which agencies report use
of Measure A funds.
BONDING POLICY
Bond funded projects must be completed within three (3) years from time the bond proceeds
are made available to the local jurisdiction by Los Angeles County. The time to complete projects
may be changed to reflect changes in federal law, regulations, and the interpretations of bond
counsel and the Los Angeles County agencies involved in the issuance of bonds. The application
materials submitted by jurisdictions intending to use bond funds to finance eligible projects shall
demonstrate the ability to meet this requirement. Failure to complete project within specified
time frame will result in loss of the Grantee’s Good Standing.
A. Definitions
1. Grantee: the party described as Grantee of this Contract and any future successor(s).
2. Application: the individual application, and its required attachments, for the grant
identified in this Agreement.
3. Board of RPOSD: The County of Los Angeles Board of Supervisors, acting in its capacity as
the governing body of the RPOSD.
4. RPOSD: The Los Angeles County Regional Park and Open Space District. Unless otherwise
specified herein, the Director of RPOSD, or designee, shall administer this agreement on
behalf of the RPOSD.
5. Grant Administration Manual: The document that details the policies and procedures for
administering grants awarded by RPOSD. It shall also include any subsequent
amendments or changes issued by the RPOSD and as described in this contract.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 4 of 17 Revised 11/17/2020
6. Project Description: A one to three paragraph description of the project to be funded and
the resultant administrative work to be completed. The summary includes the following:
a) Identification of the applicant organization and a sentence or two about its credibility
to provide park projects; b) a sentence or two explaining the issue, problem or need for
the project; c) a brief statement of the expected measurable outcome(s) that the project
will produce; d) one or two sentences describing the methods to be utilized to achieve
the outcome(s).
7. Project Summary: 2 to 3 sentences summarizing the project. The sentences should be
concise and allow for a clear understanding of the proposed project.
8. Project Timeline: The period of time starting on the date of agreement execution and
ending on the grant closeout date. Only project costs incurred during the Project Timeline
are eligible for reimbursement.
9. Measure A/Measure: The Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers
Protection, and Water Conservation Measure, which voters approved on November 8,
2016.
B. Conditions
1. The Application and its required attachments, and any subsequent change or addition
approved by RPOSD, is hereby incorporated in this Agreement as though set forth in full.
2. The Grant Administration Manual, and any subsequent changes or additions thereto, and
Measure A also are hereby incorporated in this Agreement as though set forth in full.
3. As per the information on Page 1 of this contract, RPOSD grants the Grantee a sum of
money not to exceed the Grant Amount, in consideration and on the condition that the
sum be solely expended for the purposes set forth in the Project Description and under
the terms and conditions set forth in this Agreement.
4. Grantee agrees to furnish any additional funds necessary to complete the Project.
5. Grantee agrees to budget and appropriate annually, until completion of the Project, an
amount equal to the total estimated cost of the Project less the grant amount stated on
Page 1 of this Contract.
6. Any non-recreational use of the Project must be preapproved in writing by RPOSD, and if
approved, the Grantee agrees that any gross income earned from such non-recreational
uses of a Project shall be used for recreation development, additional acquisition,
operation or maintenance at the Project site, unless RPOSD approves otherwise in
writing.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 5 of 17 Revised 11/17/2020
7. Grantee agrees that any gross income that accrues to a grant-assisted development
Project during and/or as part of the construction, from sources other than the intended
recreational uses, also shall be used for further development of that particular Project,
unless RPOSD approves otherwise in writing.
C. No Joint Venture
This Agreement is by and between RPOSD and the Grantee and is not intended, and shall not be
construed, to create the relationship of agent, servant, employee, partnership, joint venture or
association between RPOSD and the Grantee.
D. Liability and Indemnification
1. The Grantee shall indemnify, defend and hold RPOSD harmless from and against any and
all liability to any third party for or from loss, damage or injury to persons or property in
any manner arising out of, or incident to, the performance of this Agreement or the
planning, arranging, implementing, sponsoring or conducting of the Project or any other
operation, maintenance or activity by the Grantee.
2. The Grantee agrees to defend and indemnify RPOSD from all costs and expenses,
including attorney’s fees, in any action or liability arising under this Agreement or the
planning, arranging, implementing, sponsoring or conducting of the Project or any other
operation, maintenance or activity by the Grantee.
3. RPOSD shall have no liability for any debts, liabilities, deficits or cost overruns of the
Grantee.
4. The Grantee and RPOSD agree that the liability of RPOSD hereunder shall be limited to
the payment of the grant monies pursuant to the terms and conditions of this Agreement
and the Grants Administration Manual.
Any contracts entered into, or other obligations or liabilities incurred by the Grantee in
connection with the Project or otherwise relating to this Agreement shall be the sole
responsibility of the Grantee, and RPOSD shall have no obligation or liability whatsoever
thereunder or with respect thereto.
E. Regulatory Requirements
1. (Tax Exempt Bonds) The Grantee will not enter into any contract, agreement, lease or
similar arrangement, or to agree to any amendment or modification to an existing
contract, agreement, lease or similar arrangement, that, in RPOSD’s opinion, violates
federal regulations restricting the use of funds from tax-exempt bonds. Any proposed
operating Contracts, leases, concession Contracts, management contracts or similar
arrangements with non-governmental entities that restrict the public use of the project
site for (30) thirty consecutive days or more, must be reviewed by RPOSD prior to
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 6 of 17 Revised 11/17/2020
awarding as they relate to the project or project site in perpetuity. Any such Contracts
in existence must be disclosed prior to construction.
2. The Grantee (or their representative) shall comply as lead agency with the California
Environmental Quality Act (CEQA), Public Resources Code, Section 21000, et. seq. CEQA
documents must be recorded with and stamped by the Los Angeles County Registrar
Recorder.
i) The Grantee shall add RPOSD to the notification list for CEQA requirements as stated
in the Grant Administration Manual.
3. (Public Records Act) The Grantee and RPOSD will conform to the requirements of
Government Code Section 6250, et seq. in making all documents relating to this Contract,
the grant obtained and all other related matters available for public review during regular
business hours. If the Grant involves acquisition of property, however, both RPOSD and
the Grantee may withhold from public review any and all documents exempted under
Section 6254, subsection (h), prior to completion of said acquisition.
4. (Public Records Act) In the event that RPOSD is required to defend an action on a Public
Records Act request for any of the contents of a Grantee’s submission under the terms
and conditions of the Agreement, the Grantee agrees to defend and indemnify RPOSD
from all costs and expenses, including attorneys’ fees, in any action or liability arising
under, or related to, the Public Records Act.
5. (Internal Revenue Code of 1986, as amended) In order to maintain the exclusion from
gross income for federal income tax purposes of the interest on any bonds, notes or other
evidences of indebtedness issued for the purpose of providing the grant monies made
available in this Agreement, the Grantee covenants to comply with each applicable
requirement of Section 103 and Sections 141 through 150, inclusive, of the Internal
Revenue Code of 1986, as amended. In furtherance of the foregoing covenant, the
Grantee hereby agrees that it will not, without the prior written consent of RPOSD, (a)
permit the use of any portion of the Project by any private person or entity, other than
on such terms as may apply to the public generally; or (b) enter into any contract for the
management or operation of the Project or any portion thereof, except with a
governmental agency or a nonprofit corporation that is exempt from federal income
taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.
6. (County Lobbyist Ordinance) The Grantee and each County lobbyist or County lobbying
firm, as defined in Los Angeles County Code Section 2.160.010, retained by the Grantee,
shall fully comply with the County Lobbyist Ordinance, Los Angeles County Code Chapter
2.160. Failure on the part of the Grantee or any County lobbyist or County lobbying firm
to fully comply with the County Lobbyist Ordinance shall constitute a material breach of
this Agreement, upon which RPOSD may terminate or suspend this Agreement.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 7 of 17 Revised 11/17/2020
7. If the Project includes acquisition of real property, the Grantee agrees to comply with
Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 of the Government
Code and any applicable federal, state, or local laws or ordinances.
F. Time is of the Essence
1. RPOSD expects the Grantee to remain in Good Standing and make appropriate requests
for the amount of time needed to complete the project. Failure to complete a project by
the original due date, or by any extended due dates authorized by staff or RPOSD Review
Committee, may result in the loss of Good Standing.
2. The Grantee agrees to complete the Project within the Project Timeline. The Project
Timeline starts on the date of agreement execution and ends on the grant closeout date
as specified in RPOSD’s Grants Management System, or its equivalent, and under the
terms and conditions of this Agreement and the Grants Administration Manual. The
requirements of Measure A and of this Agreement last in perpetuity and may be enforced
by RPOSD at any time.
3. The Grantee agrees to promptly submit any requests for changes to the Project’s
information, including but not limited, to Project Title and Project Summary. These
changes are considered administrative changes, and subject to RPOSD’s approval.
Submission of documents with Project information inconsistent within this Agreement
and RPOSD’s Grants Management System, or its equivalent, will cause delay in the grant
process.
4. (Term) The term of this Grant Agreement commences on the date of Agreement
Execution as noted on the last page of this agreement, and lasts in perpetuity.
G. Performance and Development
1. The Grantee agrees to promptly submit any reports that RPOSD may request.
2. If the Project includes development, the Grantee shall use sustainable elements, including
but not limited to: energy-efficient buildings, long-lasting materials, conserved and
restored natural areas, easy-to-maintain or drought tolerant plants and landscaping,
organic mulch, fertilizers and compost, storm water capturing, wetlands for increased
flood control, recycling bins for park patrons, on-site composting, and ADA access, unless
the Grantee can show, to RPOSD’s satisfaction, that it is infeasible to do so.
3. If the Project includes acquisition of real property, the Grantee agrees to furnish RPOSD
with evidence of title, such as preliminary title reports. RPOSD, at its sole discretion, shall
determine whether the evidence is acceptable under this Agreement. The Grantee agrees
in negotiated purchases to correct, prior to or at the close of escrow, any defects of title
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 8 of 17 Revised 11/17/2020
that in the opinion of RPOSD might interfere with the operation of the Project. In
condemnation actions, such title defects must be eliminated by the final judgment.
H. Signage and Branding
The Grantee shall erect and maintain a sign at a prominent location on the project site
acknowledging the assistance of RPOSD. The cost of permanent signage development is
reimbursable through the grant. RPOSD will provide electronic samples of its graphics for the
grantee to use in signage development. Please refer to the Grants Administration Manual for
additional information on this requirement.
I. Modification
Any modification or alteration in the Project, plans or specifications must be submitted, in
writing, to RPOSD for prior approval. No modification shall be effective until and unless the
modification is executed by both the Grantee and RPOSD.
J. Publicity of Project Information
1. The Grantee shall cooperate with RPOSD in advance when preparing electronic media and
public information pieces related to the Project.
2. The Grantee shall acknowledge RPOSD funding in all publicity issued by it concerning the
Project.
3. The Grantee shall give the RPOSD the right and opportunity to use information gained
from the Project.
4. The Grantee shall give a minimum of 30 days’ notice of the Project grand openings,
inauguration, dedications, significance, and completion to RPOSD staff and to the County
Supervisor’s Office in which the Project is located, as well as to other appropriate public
officials.
5. The Grantee shall provide quality digital photographs of the pre-construction site and
completed project to RPOSD. If unable to provide digital photographs (collectively,
“Photographs”) then the Grantee shall provide quality printed photographs of the
completed Project.
K. Disbursements
Prior to incurring actual development and/or acquisition costs, the Grantee will submit all
requested development and/or acquisition documents to RPOSD for prior review and approval.
Project costs must be incurred within the Project Timeline to be eligible for reimbursement.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 9 of 17 Revised 11/17/2020
1. The Grantee must submit requests for payment electronically in accordance with their
reimbursement schedule. Refer to RPOSD Grant Administration Manual for Payment
Reimbursement Schedule and Procedures.
i) The Grantee will supply RPOSD any copies of executed contracts where the Grantee
expects reimbursement from grant funds.
ii) Upon entering into any contract for the construction, maintenance, operation or
similar activity related to the Project, the Grantee agrees it will require said contractor
to carry adequate insurance required by RPOSD and naming RPOSD as an additional
insured party. In addition, said insurance must require that the Grantee and RPOSD
be given thirty (30) days advance written notice of any modification or cancellation of
said insurance. The Grantee agrees to submit proof of such insurance to RPOSD for
its prior approval.
2. RPOSD may disburse to the Grantee the grant funding as follows:
Acquisition
i) When acquisition is by negotiated purchase, RPOSD may disburse the amount of
RPOSD-approved purchase price together with RPOSD-approved costs of acquisition.
ii) RPOSD-approved purchase price shall not exceed the value contained in a valid
appraisal report.
iii) When acquisition is allowed pursuant to Measure A through eminent domain
proceedings, RPOSD may disburse the amount of the total award, as provided for in
the final order of condemnation, together with RPOSD-approved costs of acquisition.
The Grantee shall bear all costs and make all advances associated with obtaining an
order of immediate possession in an eminent domain proceeding.
iv) In the event the Grantee abandons such eminent domain proceedings, the Grantee
agrees that it shall bear all costs in connection therewith and that no grant monies
shall be disbursed for such costs.
Development
i) RPOSD will disburse funds to the Grantee only after RPOSD has reviewed and
approved all requested development documents including the payment request with
incurred, paid project costs and supporting documentation in accordance with their
reimbursement schedule.
ii) RPOSD may withhold a portion of the amount of the payment request if an
expenditure is not eligible under the terms and conditions of this Agreement,
Measure A, or the Application or the Grant Administration Manual.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 10 of 17 Revised 11/17/2020
iii) The Grantee shall submit a request(s) for payment in accordance with an approved
budget.
iv) The payment requests shall set forth in detail the incurred costs of work performed
on development of the Project and whether performance was by construction bid
contract, job order contract, sole-source contract, force account or other methods.
v) RPOSD will not make final payment until it has received all closing documents from
the Grantee and RPOSD has made a final Project inspection.
vi) The Grantee is required to follow RPOSD procedures to close grant upon completion
of the project. Failure to properly close a grant may affect the Grantee's Good
Standing and prevent Grantee from applying for future grants or receive
reimbursements from existing RPOSD Grants.
L. Advancing Funds
i) The Grantee, if in Good Standing has provided the Grantee’s need for an advance, may
request an advance of grant funds for an amount equaling up to 50% of the grant
amount. Please refer to the Grant Administration Manual for eligibility and
qualification requirements to receive advances.
ii) Any unused portion of the advanced funding must be returned to the District within
30 days of the completion of the grant.
M. Final Disbursement
1. The Grantee must submit final project documents within 180 days after the date of
completion of all tasks identified in the budget, timeline and project description for the
grant.
2. RPOSD may withhold Final Payment pending evidence of placement of permanent
signage.
3. Once the Grant is completed, the Grantee shall submit a final report to RPOSD detailing
the accomplishment of and expenditures related to the Project (the “Final Report”)
including the final Grant Cost. The Grantee will provide a report that identifies all
additional funding and all additional aspects of the project completed.
4. The Grant is “complete when all facilities, trails or other improvements included in the
Project have been built and are ready for their intended use”. Final payment may not be
made until the Project conforms substantially with this Agreement and the Grants
Administration Manual.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 11 of 17 Revised 11/17/2020
5. RPOSD shall pay the outstanding balance of the Grant (the “Final Payment”), subject to
any reduction contemplated by any provision of this Agreement.
N. Long Term Obligations
1. With the written consent of RPOSD, the Grantee may transfer property acquired with
funds granted under this Agreement to another public agency; to a nonprofit organization
authorized to acquire real property for park, wildlife, recreation, community, open space,
or gang prevention and intervention purposes; or to the California Department of Parks
and Recreation, National Park Service, or the US Forest Service, provided that approval
by the District is obtained prior to the change and any such successor to the recipient
assumes the obligations imposed under the Measure and to accept assignment of this
Agreement. Under these conditions, the Grantee shall not be required to reimburse
RPOSD. Any such transfer must require the nonprofit or public entity acquiring the
property to enter into a written Contract with the RPOSD and agreed to comply with the
terms of Measure A and this Agreement. (See Grant Administration Manual for details.)
2. The Grantee agrees to provide for reasonable public access to lands acquired in fee with
grant monies, including the provision of parking and public restrooms, except that access
may interfere with resource protection.
3. (Change of Use) The Grantee agrees to use the property acquired or developed with grant
monies under this Agreement only for the purpose for which it requested RPOSD grant
funding and will not permit any other use of the area, except as allowed by prior specific
act of the Board of RPOSD and consistent with the terms and conditions of Measure A
and this Agreement.
4. All facilities shall be open to members of the public generally, except as noted under the
special provisions of the Agreement.
5. The Grantee agrees that property and facilities acquired or developed with Measure A
funds as per this Agreement shall be available for inspection upon RPOSD’s request in
perpetuity.
6. The Grantee agrees to maintain and operate in perpetuity the property acquired,
developed, rehabilitated or restored with grant monies, subject to the provisions of
Measure A. With RPOSD’s prior written approval, the Grantee, or its successors in interest
in the property, may transfer the responsibility to maintain and operate the property to
a nonprofit or government entity, in accordance with this Agreement and the Grants
Administration Manual.
7. The Grantee agrees to take all reasonable measures to actively oppose, at its sole
expense, any proposal or attempt to act upon, exercise, or assert claims as to reserved
rights to the grant funded property that are contrary to the purposes of the Measure,
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 12 of 17 Revised 11/17/2020
Grant Administration Manual and or this Agreement, including but not limited to oil, gas,
and other hydrocarbon substances; minerals; water; and/or riparian resources. The
above notwithstanding, the Grantee has no obligation hereunder to initiate litigation
challenging any project or proposal based on a reserved right lawfully recorded against
the grant funded property in real property records maintained by the Los Angeles County
Recorder’s Office.
8. The Grantee shall not discriminate against any person on the basis of race, color, sex,
sexual orientation, age, religious belief, national origin, marital status, physical or mental
handicap, medical condition, or place of residence in the use of any property or facility
acquired or developed pursuant to this Agreement.
O. Disposal
1. If the Grantee receives the prior permission of RPOSD, with the approval of its Board, to
sell or otherwise disposes of property acquired or developed with grant monies provided
under this Agreement, the Grantee shall reimburse RPOSD in an amount to the greater
of:
i) the amount of grant monies provided under this Contract;
ii) the fair market value of the real property determined by an independent appraisal; or
iii) the proceeds from the portion of the property acquired, developed, improved,
rehabilitated or restored with grant monies.
The Grantee must provide documentation to RPOSD detailing the benefits that the
disposal of property will provide to the taxpayers of Los Angeles County.
2. If the property is sold or otherwise disposed of with the prior permission of the RPOSD,
acting through the Board of Supervisors, is less than the value of the property originally
acquired, developed, improved, rehabilitated or restored with the grant monies, then the
Grantee shall reimburse the RPOSD an amount to the greater of:
i) the amount of the proceeds; or
ii) the fair market value of the real property determined by an independent appraisal.
P. Audit
1. In order for allowable costs to be substantiated, the Grantee agrees to use an accounting
system that complies with generally accepted accounting principles.
2. Notwithstanding Government Code Section 907, in the event that the Grantee fails to
repay RPOSD in full for the amount of excepted expenditures, RPOSD may offset an
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 13 of 17 Revised 11/17/2020
amount equal to the excepted expenditures from any monies that may be due to the
Grantee under the terms and conditions of Measure A. Through the execution of this
Agreement, the Grantee waives its rights under Government Code Section 907.
3. The Grantee agrees that during regular office hours, RPOSD or their duly authorized
representatives shall have the right to audit, inspect and make copies of any books,
records or reports of the other party pertaining to this Agreement or matters related
thereto.
4. Within thirty (30) days of notification that an audit has resulted in the exception of
expenditures, the Grantee may dispute the audit findings in writing and will provide
RPOSD with records and/or documentation to support the expenditure claims. RPOSD
shall review this documentation and make a final determination as to the validity of the
expenditures.
5. If the Grantee has received all grant monies prior to the audit, or if remaining grant
monies are insufficient, and if said audit reveals expenditures that cannot be verified or
that were paid in violation of the terms of this Agreement, the Measure, or the Grant
Administration Manual, the Grantee shall pay RPOSD an amount equal to these
expenditures within sixty (60) days after receiving written notification of the expenditures
disallowed and the reason for the disallowance.
6. The Grantee agrees to maintain satisfactory financial accounts, required documents and
accurate records for the Project.
7. The Grantee must keep all original project records for a period of ten (10) years from the
project completion or termination date. If said audit reveals expenditures that cannot be
verified or that were paid in violation of the terms of this Agreement, the Measure or the
Grant Administration Manual, RPOSD may, at its discretion, reduce the grant amount by
an amount equal to these expenditures.
8. At RPOSD’s discretion, an audit of the Grantee’s Project expenditures before final
payment is made may be performed. Nothing in this section precludes RPOSD from
performing an audit of Project expenditures at a later date.
Q. Failure to Comply
1. Failure by the Grantee to comply with the terms of this Agreement, or any other Contract
established pursuant to Measure A, may be cause for loss of Good Standing, suspension
or termination of all obligations of RPOSD hereunder.
2. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for
the suspension of all obligations of RPOSD hereunder if, in the judgment of the RPOSD,
such failure was beyond the reasonable control of the Grantee. In such case, any amount
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 14 of 17 Revised 11/17/2020
required to settle, at minimum cost, any irrevocable obligations properly incurred shall
be eligible for reimbursement under this Agreement.
R. Severability
1. The Grantee may unilaterally rescind this Agreement at any time prior to the
commencement of the Project.
2. If any provision of this Agreement is held invalid, that portion shall not affect other
provisions of the Agreement that can be given effect without the invalid provision, and to
this end the provisions of this Agreement are severable.
3. No provision of this Agreement is waived by the failure of RPOSD to enforce said
provision.
S. Termination
1. Anything else in this Agreement or otherwise to the contrary notwithstanding, RPOSD
may withdraw, in whole or in part, the Grant and/or terminate this Agreement, and/or
seek a refund of payments already made if RPOSD determines in its discretion that:
i) facts have arisen, or situations have occurred that fundamentally alter the
expectations of the parties or make the purposes for the Grant as contemplated
infeasible or impractical;
ii) any material modifications in the scope or nature of the Project have occurred from
that which was presented in the Grant Application and such material modifications
have not received the prior written approval of RPOSD;
iii) any statement or representation made by the Grantee in the Grant Application, this
Agreement, the Grant Status Update, back up documents, or otherwise is untrue,
inaccurate or incomplete in any material respect;
iv) the results of RPOSD’s review of the Grant Status Update are not acceptable to
RPOSD;
v) the Project will not or cannot be completed by the Completion Date or any extensions
granted thereto or delays in the implementation of the Project have occurred which,
in RPOSD’s judgment, make the Project impracticable;
vi) the Project will not or cannot be completed within the Budget or any approved
modifications, or the total Project cost and/or the Grantee’s matching funding are
reduced;
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 15 of 17 Revised 11/17/2020
vii) title to or encumbrances against the Property are or become such that the Grantee is
unable to complete the Project, or the Project and/or the Property are or become
unavailable for public use.
T. Breach
The Grantee agrees that compliance with the terms of this Agreement will have significant
benefits to Los Angeles County and its constituents. Because such benefits exceed the amount
of grant monies furnished under these provisions, the Grantee agrees that any breach would
result in incalculable loss, and therefore, any payment by the Grantee to RPOSD of an amount
equal to the amount of the grant would be inadequate compensation. In the event that the
Grantee breaches any of the terms, covenants, representations, or conditions of this Agreement,
RPOSD may elect to enforce any and all remedies available at law or in equity, including without
limitation, any of the following:
1. Prior to payment of Grant:
a. Withdraw the Grant and terminate this Agreement; and,
b. Deny the Grantee eligibility for participation in future grant program opportunities.
2. After payment (partial or full) of Grant:
a. Deny the Grantee eligibility for participation in future grant program opportunities;
b. Seek specific performance of the Grantee’s obligations under this Agreement;
c. Receive reimbursement in full of disbursement made under this Agreement.
If RPOSD brings an action to enforce the terms of this Agreement, the Grantee shall be
responsible to pay RPOSD’s attorney’s fees and costs, including expert witness costs, if
RPOSD prevails in said action.
The foregoing remedies are cumulative and may be exercised independently or in
combination and are not exclusive to one another or to any other remedies available at law
or in equity. In the event RPOSD must pursue any remedy hereunder and is the substantially
prevailing party, RPOSD shall be awarded its costs and reasonable legal fees, including costs
of collection.
U. Counterparts
This Agreement may be executed in two or more counterparts, which shall, in the aggregate, be
signed by all the Parties; each counterpart shall be deemed an original instrument against any
party who has signed it. In the event of any disparity between the counterparts produced, the
recorded counterpart shall be controlling.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 16 of 17 Revised 11/17/2020
V. Electronic Signature
The Electronic Signatures in Global and National Commerce (ESIGN) Act is a federal law passed
in 2000. The Grantee and RPOSD agree that this Grant Agreement may be electronically signed.
The parties agree that the electronic signatures appearing on this agreement are the same as
handwritten signatures for the purposes of validity, enforceability, and admissibility. If Grantee
elects to opt-out of signing the grant agreement electronically, the Grantee must inform RPOSD
prior to grant agreement execution.
LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD)
Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation
Measure (Measure A), approved by voters on November 8, 2016
GRANT AGREEMENT
Page 17 of 17 Revised 11/17/2020
IN WITNESS WHEREOF, the Grantee, RPOSD and County Counsel have caused this Agreement to
be executed by their duly authorized representatives as of the latter day, month and year written
below.
GRANTEE:
By: __________________________ Signature of Authorized Representative
Name: __________________________ Print Name
Title: __________________________
Date: __________________________
APPROVED AS TO FORM:
ROD CASTRO-SILVA
ACTING COUNTY COUNSEL
By: ______________________________
Parjack Ghaderi
Principal Deputy County Counsel
Date: _____________________________
LOS ANGELES COUNTY
REGIONAL PARK AND OPEN SPACE DISTRICT:
By: ______________________________ Director / Administrator
Date: ______________________________
Grant No.:____________________
CITY ATTORNEY:
By: ____________________
Name: _________________
Date: __________________
Attachment 2
Roy Chavez -Miracle Playground Proposal for Memorial Park in Azusa, CA
L--·· ----____ .. _ ·-----·----.. ----··----·----··-�-----·---------.,
From:
To:
Date:
Subject:
Attachments:
Hi Roy,
"Rob Fryhoff' <rfryhoff@miracleplayground.com>
"Roy Chavez" <rchavez@azusaca.gov>
11/6/2019 4:12 PM
Miracle Playground Proposal for Memorial Park in Azusa, CA
Memorial-9LR.jpg; Memorial-4LR.jpg; Memorial-2LR.jpg; Memorial-5LR.jpg;
Memorial-7LR.jpg; Memorial-I LR.jpg; Memorial-8LR.jpg; MEMORIAL
PARK.pdf; Azusa MemorialPark PlayArea #2019-16625 11.6.19.pdf; Azusa
MemorialPark Play Area 20 LAYOUT.PDF
Please find attached the following Miracle playground proposal for Memorial Park:
l.Miracle equipment quote-$138,632.77
2.Ortea demo and installation quote -$61,000.00
3.2D Layout
4.Color renderings
The total cost for this proposal is $199,632.77.
Per our earlier meeting, this proposal does not include new safety surfacing. The installer will re-use the
existing woodchips.
How does this look? If you would like to see any changes, just let me know.
Thank you for considering Miracle!
Regards,
Rob Fryhoff
Ph: 800-264-7225 ext: 307
.o .. .:., .. ,.,.�,oP!!�i��,J�
www.miracleplaygro und.co m
rfryhoff@mirocleplayground.com
www.mirocleplayground.com
Fx: 877-21 5-3 869
91 06 Pulsar Ct, Unit C
Corona, CA 92883
CLICK THE LINK BELOW FOR A COMPLETE LIST OF PRODUCTS:
http://www.m iracleplayground.com/products/
file:///C:/Users/azusauser I/ AppData/Local/Temp/XPgrpwise/5DC2FOFF Azusa CitvHallC ... 1117 nn 1"
( Game""lime) Gamellme C/0 Great Western Recreation
P.O. Box 680121
Fort Payne, AL 35967
Office: 435-245-5055 Fax: 435-245-5057
www.gwpar1<.com
08/20/2020
Quote #100336--01-05
Veterans Freedom Park Option 2A Grant CWO
City of Azusa
Attn: Roy Chavez
320 North Orange Place
Azusa. CA 91702
Phone: 626-812-5259
F ax:626-812-0321
rchavez@ci.azusa.ca.us
Ship to Zip 92509
Quantity Part# Description Unit Price Amount
RDU Game Tlme -Custom 5-12 Structure-
Reference drawing #100336-01-0PT 2 A/8
4023RP Game Time -11' Clubhouse Vista Panel
2 4024RP GameTime -12' Clubhouse Vista Panel
4156RP Game Time -Citadel Tower with Club Panels
178749 Game Time -Owner's Kit
271 INSTALL Install -Provide and Maintain Temporary Construction Fencing
INSTALL Install -Demo & Remove Existing Equipment
4031 INSTALL Install -Push Back and Reinstall EWF@ 12" Depth
INSTALL Install -Install Playground Equipment
Contract: OMNIA
I
Comments
$114,537.00 $114,537.00
$2,124.00 $2,124.00
$1,980.00 $3,960.00
$13,320.00 $13,320.00
$58.00 $58.00
$6.10 $1,653.10
$5,490.00 $5,490.00
$1.53 $6,167.43
$48,340.00 $48,340.00
Sub Total $195,649.53
Grant ($57,268.50)
Freight $5,900.00
Tax $7,289.40
Total $151,570.43
*Your sales rep Is Myles Harvey (805)320-9007. Please reach out to Myles If you should have any questions.
Pricing is based on Grant 2020 Pricing. Cash VVith Order. Must be ordered by Oct 30, 2020 and ship by Dec 31, 2020 in order to qualify for grant
pricing.
Shipping to:
8609 Mission Blvd
Riverside, CA 92509
Site Address:
213 E Foothill Blvd
Azusa, CA 91702
Freight is based on shipping zip that is listed. Freight is subject to change if shipping zip changes.
Customer is reponsible for offloading of equipment
Omnia #5218971
Page 1 of 4
OMNIA P A R T N E R S
Attachment 3