R11520ATTACHMENT D
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City Council Meeting: April 11, 2023 Santa Monica, California
RESOLUTION NO. 11520 (CCS)
(City Council Series)
A RESOLUTION OF THE CITY OF SANTA MONICA APPROVING THE APPLICATION
OF GRANT FUNDS FOR THE SANTA MONICA CITY YARDS MODERNIZATION
MICROGRID PROJECT
WHEREAS, the Legislature and Governor of the State of California have approved
a grant for the Santa Monica City Yards Modernization Microgrid Project; and
WHEREAS, the California Arts Council has been delegated the responsibility for
the administration of the grant project, setting up necessary procedures entitled
Designated Funding Grants Capital Outlay Procedural Guide (Procedural Guide), which
are attached hereto and incorporated herein as Exhibit A; and
WHEREAS, the California Arts Council requires a grantee to certify by resolution
the approval of an application for grant funds before submission of said application of
grant funds to the State of California; and
WHEREAS, upon award, the City of Santa Monica, as grantee, will enter into a
grant funding agreement with the State of California for the Santa Monica City Yards
Modernization Project.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
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ATTACHMENT D
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SECTION 1. The City Council authorizes the City to apply for grant funding for the
Santa Monica City Yards Modernization Microgrid Project.
SECTION 2. The City Council approves the acceptance of general fund allocation
for local assistance for the Santa Monica City Yards Modernization Microgrid Project.
SECTION 3. The City certifies that the City understands the assurances and
certification in the Project Information Form.
SECTION 4. The City certifies that the City will have sufficient funds to operate
and maintain the Santa Monica City Yards Modernization Microgrid Project or will enter
into an agreement with another entity to perform said operation and maintenance.
SECTION 5. The City certifies that the City has reviewed and understands the
General Provisions contained in the Project Agreement shown in the Procedural Guide.
SECTION 6. The City authorizes the City Manager, or their designee, to conduct
all negotiations, execute and submit all documents including, but not limited to the Project
Information Form, agreements, payment requests and so on, which may be necessary
for the completion of the Santa Monica City Yards Modernization Microgrid Project.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution, and
thenceforth and thereafter the same shall be in full force and effect.
APPROVED AS TO FORM:
_______________________
DOUGLAS SLOAN
City Attorney
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DESIGNATED FUNDING GRANTS
Capital Outlay
Procedural Guide
ATTACHMENT D
Exhibit A
A-1
DocuSign Envelope ID: 0607FE55-5158-4A0C-96E4-E64CFA6617B9
TABLE OF CONTENTS
INTRODUCTION 3
GENERAL GRANT INFORMATION, TERMS AND REQUIREMENTS 4
PROJECT ADMINSTRATION 5
PROJECT INFORMATION PACKAGE CHECKLIST 6
WHAT TO SUBMIT- DETAILED INSTRUCTIONS 7
PROJECT INFORMATION FORM 9
PROJECT SUMMARY 10
AUTHORIZING RESOLUTION TEMPLATE 11
COST ESTIMATE FORM FOR DEVELOPMENT PROJECTS 12
PROJECT TIMELINE 13
PROPERTY DATA SHEET 14
PAYEE DATA RECORD 15
PAYMENT REQUEST INSTRUCTIONS 16
STATE AUDIT AND ACCOUNTING REQUIREMENTS 17
SAMPLE GRANT AGREEMENT 20
ATTACHMENT D
Exhibit A
A-2
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INTRODUCTION
This procedural guide governs the administration of local assistance appropriations made
to the California Arts Council (Agency) for specified capital improvement projects.
Enclosed are items that make up a Project Information Package, a grant agreement
template, a resolution template, payment instructions and other resources. The
completed Project Information Package provides a means to define projects for grant
funding as well as to specify its authorized representative delegated to sign all documents
to be submitted to the California Arts Council.
Unless otherwise stated in the budget act, projects have until June 30, 2023 to be
completed. No funds will be disbursed until an agreement between the Agency and the
Grantee is signed by both parties.
Please submit completed Project Information Package to the Agency Grants
Administrator:
Margaret Durkin
California Arts Council
2750 Gateway Oaks Drive, Suite 300
Sacramento, CA 95833
margaret.durkin@arts.ca.gov
ATTACHMENT D
Exhibit A
A-3
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GENERAL GRANT INFORMATION, TERMS AND REQUIREMENTS
Grant Agreement - Funds will not be disbursed until there is a fully executed agreement
between the California Arts Council (Agency) and the grantee. Expenditures made prior
to the effective date of the appropriation will not be reimbursed.
Grant Period - Agreements for funds approved by the Legislature must be executed
within the period of availability provided in the state budget. Funds must be expended
and all invoices received by June 30, 2023.
California Environmental Quality Act (CEQA) Compliance - As applicable, grantees
must identify their CEQA compliance status. Grantees must receive CEQA approval for
the proposed project prior to construction or be exempt from CEQA. Proper
documentation of CEQA compliance will be required as part of the information package.
Required Approvals - The grantee must certify that all approvals (including, but not
limited to, local permitting requirements and/or rules from local agencies) required for
the project, will be obtained.
Reporting Requirements – Grantees are required to submit a final report which must
include a Disaster Management Plan including preparedness, response, recovery for
varied types of disaster.
Financial Management and Grant Administration Requirements - It is the
responsibility of all grantees to ensure appropriate stewardship of State grant funds. Each
grantee must maintain financial management systems that provide accurate, current, and
complete disclosure of the financial activities of the grant-funded project. To meet this
requirement, grantees must maintain adequate accounting practices and procedures,
internal controls, and audit trails.
Grant Agreement and Invoicing – A single payment for the full grant amount will be
made upon approval of the contract and submission of an invoice by the Grantee.
Generally, Grantees will receive payment within 6-8 weeks of submitting a properly
completed invoice.
ATTACHMENT D
Exhibit A
A-4
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PROJECT ADMINSTRATION
Process after Designation of Grant Award by Legislature
1. Grantee completes and submits Project Information Package (Package) to
Agency.
2. Agency reviews Package and, if the proposed project scope meets the
legislative intent, develops a Grant Agreement with the Grantee. Agency sends
a Grant Agreement to Grantee for signature.
3. Grantee returns signed Grant Agreement to Agency.
4. Agency returns fully executed Grant Agreement to Grantee.
5. Grantee may then submit payment request for the full grant amount.
6. Grantee completes project and notifies Agency Grants Administrator.
7. Grantee completes closeout package and final report, and sends to Agency Grants
Administrator
8. The State may continue to perform audits, as frequently as annually, and for 3 years
following payment of grant funds.
Project Withdrawal
If a jurisdiction fails to submit a Project Information Package for its allocated amount or
otherwise elects not to use its allocation, the allocation will be lost to that jurisdiction.
In the event an approved project cannot be completed, and if grant funds were
released, those funds plus any accrued interest must be returned to the state within
30 days.
Changes to Approved Project
A Grantee wishing to change an approved project shall submit the proposed change in
writing to Agency for approval. Any change must be consistent with the authorizing
legislation.
Time Extensions
A Grantee wishing to request a time extension shall submit the proposed change and
its justification to Agency for approval before the end of the grant period, and report
that change in their Final Report. Any change must be consistent with the authorizing
legislation.
ATTACHMENT D
Exhibit A
A-5
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PROJECT INFORMATION PACKAGE CHECKLIST
Grantee sends a completed Project Information Package to Agency. Grantees should
keep a complete copy of the Project Information Package for future use and reference.
Provide the package in order shown in the following checklist, via email to the Agency
Grants Administrator:
Description Page #
Project Information Package Checklist (this page) Pg. 6
Project Information Form Pg. 9
Project Summary Pg. 10
Authorizing Resolution Pg. 11
Cost Estimate Pg. 12
Project Timeline Pg. 13
Property Data Sheet Pg. 14
Land Tenure/Site Control Documents N/A
Photos of the Project Site N/A
Site Plan, if applicable N/A
CEQA Compliance Documents, if applicable N/A
Payee Data Form (std. 204) Pg. 15
ATTACHMENT D
Exhibit A
A-6
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WHAT TO SUBMIT- DETAILED INSTRUCTIONS
1. Project Information Form - Fill out as follows:
a.Grantee: The grantee is the organization that takes formal responsibility and
assumes liability for the project. All correspondence regarding the
administrative process will be sent to the day-to-day contact person listed
for the grantee.
b.Project: Provide the title of your project.
c.District Information: List the district numbers for the Congressional, State
Senate, and State Assembly districts in which the project is located.
d.CEQA Status: Indicate the environmental compliance status of your project
by checking the applicable box in this section.
e.Site Control/Land Tenure: Indicate how the Grantee will satisfy site control
by checking the applicable box.
f.Individual authorized in the Resolution must sign the certification at the
bottom of the page.
2. Project Summary - Provide a one-page overview of the project.
3. Authorizing Resolution - Provide a signed resolution from the governing
board, providing authorization to apply for the project. Follow the template
included in this guide.
4. Development Cost Estimate - identify all costs associated with the project.
Projects using in-house services must also detail the labor, materials and
equipment costs as separate line items.
5. Project Timeline - Provide the timeline for key milestones and estimated date
ranges of accomplishments.
6. Property Data Sheet - Complete the Property Data Sheet for all property/
parcels to be developed.
7. Land Tenure/Site Control Documents - Provide copies of documents
identifying current ownership information associated with each property/parcel
on which the project will take place. Documents may include recorded deeds,
tax records, and owner data sheets from county records, title reports or other
documents that verify ownership. All documents verifying ownership must have
the parcel numbers clearly indicated on the document (handwritten
acceptable).
If the project site is owned by a party other than the grantee: provide a copy of
the land tenure agreement (lease, easement, Memorandum of Understanding,
etc.) which gives the Grantee legal access, permission to construct and
maintain the project, and public access to the resultant project for the required
number of years.
ATTACHMENT D
Exhibit A
A-7
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If a signed agreement is not fully executed at the time of submittal, provide a letter from
each landowner identifying the property/parcel(s), and indicating that the owner is willing
to enter into a long-term agreement with the grantee to allow long-term access for
construction, maintenance and public use of project on the affected parcel(s). No funds
can be released until all agreements have been fully executed and submitted to Agency.
8. Photos - Provide a maximum of five (5) labeled color photographs of the
project site.
9. Site Plan -Plans should contain details of the property to be developed and
show where each of the features and amenities listed in the scope/cost
estimate will be located at the project site.
10. Permit Approval Status - Indicate the types of permits necessary to complete
the project.
11. CEQA Compliance - Grantees must demonstrate CEQA compliance, as
applicable. If completed, provide with package .
12. Payee Data Record - Fill in sections 2-5.
ATTACHMENT D
Exhibit A
A-8
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PROJECT INFORMATION FORM
Project Name Estimated Date of Completion: _
Grant Amount Requested: $ _
Estimated Total Project Cost: $
(State Grant and other funds and In-Kind donations)
Grantee Name (with mailing address)
Check one:
Non-Profit
Local Public Agency
State Agency
County
Project Address (or nearest cross street)
Senate Dist. Assembly Dist. US Congressional Dist.
Grantee's Representative Authorized in Resolution (Signature required at bottom of this page)
Name: Title:
Phone: Email Address:
Project Manager - Person with day to day responsibility for project (if different from authorized representative)
Name: Title:
Phone: Email Address:_
Brief Description of Project
(Summarize major activities to be funded by this Grant)
Latitude Longitude
Exempt from CEQA, pursuant to CEQA Guideline #
_
(Attach Notice of Exemption)
CEQA Approval received from another public Agency
Attach lead agency's resolution approving the project,
along with the Notice of Determination, Negative Declaration,
or Mitigated Negative Declaration, stamped by State
Clearinghouse and County Clerk's Office.
CEQA is not complete, but a completed Draft Initial Study
with Checklist is provided.
I certify that the information contained in this project application, including required attachments, is complete and accurate.
Signed:
Grantee's Authorized Representative as shown in Resolution Date
Print Name: Print Title:
ATTACHMENT D
Exhibit A
A-9
DocuSign Envelope ID: 0607FE55-5158-4A0C-96E4-E64CFA6617B9
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PROJECT SUMMARY
With your Project Information Package, submit a one-page summary that provides a
description of the proposed project.
Grantees must comply with all current laws and regulations which apply to the Project,
including, but not limited to, legal requirements for construction contracts, building
codes, environmental laws, health and safety codes, and disabled access laws.
Grantee certifies that, prior to commencement of construction, all applicable permits and
licenses (e.g., state contractor’s license) will have been obtained.
ATTACHMENT D
Exhibit A
A-10
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AUTHORIZING RESOLUTION TEMPLATE
Resolution No.
RESOLUTION (GOVERNINIG BODY OF THE GRANTEE)
APPROVING THE APPLICATION FOR GRANT FUNDS FOR
_ _
(TITLE OF PROJECT)
WHEREAS, the Legislature and Governor of the State of California have approved a grant for the
project shown above; and
WHEREAS, the California Arts Council has been delegated the responsibility for the
administration of the grant project, setting up necessary procedures; and
WHEREAS, said procedures established by the California Arts Council, the Grantee to certify by
resolution the approval of application(s) before submission of said application(s) to the state; and
WHEREAS, the Grantee will enter into an agreement with the State of California for subject
project(s):
NOW, THEREFORE, BE IT RESOLVED that the _ _
(Grantee)
1.Approves the acceptance of general fund allocation for local assistance for the above
project(s); and
2.Certifies that said agency understands the assurances and certification in the Project
Information Form; and
3.Certifies that said agency will have sufficient funds to operate and maintain the project(s)
or will enter into an agreement with another entity to perform said operation and
maintenance; and
4.Certifies that said agency has reviewed and understands the General Provisions
contained in the Project Agreement shown in the Procedural Guide; and
5.Appoints the (designated position, not person occupying position)
_ as agent to conduct all negotiations, execute and submit all
documents including, but not limited to Project Information Form, agreements, payment
requests and so on, which may be necessary for the completion of the aforementioned
project(s).
Approved and adopted the _ day of 20_ ...... I, the undersigned, hereby certify that
the forgoing Resolution Number was duly adopted by the _ _ .
(Governing Body)
Following Roll Call Vote: Ayes:
Nos:
Absent: _ _
Clerk/Secretary for the Governing Board
ATTACHMENT D
Exhibit A
A-11
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COST ESTIMATE FORM FOR DEVELOPMENT PROJECTS
All cost elements included should be consistent with the scope, site plan and CEQA
documents. Add and delete project elements as applicable to your project.
Project Elements (SAMPLE ONLY) Total Project
Costs
General Fund
Grant
Other Funding (if
applicable)
Other Funding
(if applicable)
NON-CONSTRUCTION COSTS
Direct Project Management & Administration
Staff Time (direct costs only)
Incidental Charges Ineligible
Consultants
Subtotal – Direct Management
Planning, Design & Permitting
Staff Time (direct costs only)
Consultants
Permit Costs
Subtotal - Planning, Design & Permitting
CEQA Compliance (if applicable)
Staff Time (direct costs only)
Consultants
Subtotal – CEQA
SUB-TOTAL Non-Construction Costs
(not to exceed 25% of grant)
CONSTRUCTION COSTS
Component X (Specify)
Component Y (Specify)
Component Z (Specify)
SUB- TOTAL Construction Costs
Contingency (not to exceed 10% of grant)
PROJECT GRAND TOTAL
Category listing should be detailed and customized to fit the project. Each Funding
source, whether In-Kind or cash should have its own column. Specify In-Kind or cash in
each column heading. The General Fund Grant and Other Funding Sources should sum
the Total Project Costs column. LS = Lump Sum
ATTACHMENT D
Exhibit A
A-12
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PROJECT TIMELINE
Activity Description Timeline
Preliminary work on the project Month 20XX- Month 20XX
Submit CEQA documents Month 20XX
Submit final site design/plans/specifications Month 20XX - Month 20XX
Submit evidence of bond acknowledgement
sign
Month 20XX
Construction period Month 20XX- Month 20XX
Submit Project Closeout package with
Final Report to State
Month 20XX
ATTACHMENT D
Exhibit A
A-13
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PROPERTY DATA SHEET
Complete the Property Data Sheet listing each parcel included in the proposed project,
as well as the owner(s) of each parcel. Indicate and attach all required documents*
including any clarifying comments below. Attach additional sheets if necessary.
No Owner Name
Assessor Parcel
Number(s) Acreage
If parcel(s)
owned by
Grantee(s),
indicate type of
ownership
For all parcels, indicate
*document used to
demonstrate ownership
and attach a copy of
each document-clearly
labeled with the APN-to
this document
If parcel(s) not owned by
Grantee(s) indicate
*document verifying long-
term Permission to Develop
and maintain and attach
Entity to
perform
O&M
# of years
O&M to be
performed
F
e
e
Si
m
pl
e
E
a
s
e
m
e
nt
Oth
er
(de
scri
be)
Proof of Ownership (tax
bill, grant deed, etc.)
O&
M
Agr
ee
me
nt
L
e
a
s
e
J
P
A
Lett
er
fro
m
Ow
ner
Oth
er
(de
scri
be)
1
2
3
4
5
6
7
8
Comments:
Total Number of Parcels: Total Number of Acres: __
ATTACHMENT D
Exhibit A
A-14
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ATTACHMENT D
Exhibit A
A-15
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PAYMENT REQUEST INSTRUCTIONS
Before Submitting
Check that all costs are allowable.
a. Costs must be incurred within the project performance period outlined on the
grant agreement cover page and/or subsequent amendments and must align
with the cost estimate.
b. For capital projects, there is a 25% cap on non-construction funds.
c. All costs must directly relate to the grant funded project (i.e. no overhead costs
such as rent or utilities).
What to Submit
Payment Request Form filled out with original signature of authorized agent.
Payment Tracking Sheet filled in with amounts for the request.
Itemized List of Project Expenditures, Grantee Labor Cost Form, and
Equipment Cost Form (as applicable). Descriptions should clearly tie to the line
items on the payment tracking sheet, as well as the backup documentation.
Payment – Payment will be released upon approval of the contract and Grantee
payment request, for the full grant award amount.
Final Report - Final Report must be filed, along with closeout documents. This
includes:
a.Summary of Expenditures from all Project Funding Sources
b.Certification of Completion Form
c.Notice of Completion (if applicable)
d.Recorded MOUGA/Deed Restriction (if applicable)
ATTACHMENT D
Exhibit A
A-16
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STATE AUDIT AND ACCOUNTING REQUIREMENTS
●All projects may be subject to an audit by the State of California, Department of
Finance within three (3) years following the final payment of grant funds. If the
project is selected for an audit, the grantee will be contacted in advance. The audit
shall include all books, papers, accounts, documents, canceled checks or other
records of the grantee, as they relate to the project for which the funds were granted .
●The grantee must retain the project records for a period of three (3) years and one
(1) year following an audit. All documents must be readily available, and an
employee with knowledge of the project must be available to assist the auditor. The
Grantee must provide a copy of any document, paper, record, or the like, requested
by the auditor.
In the event of an audit, contact the Grant Administrator for questions about the
following requirements:
Accounting Requirements
Grantees must use accounting practices that:
●Provide accounting data that clearly records costs incurred on the project and
accurately reflects fiscal transactions, with the necessary controls and safeguards.
●Provide good audit trails, especially the source documents (purchase orders,
receipts, progress payments, invoices, time cards, cancelled warrants, warrant
numbers, etc.) specific to the project.
●Provides accounting data so the total cost of each individual project can be readily
determined.
Accounting Rules for Employee Services
Grantees must follow these accounting practices for employee services:
●Maintain time and attendance records as charges are incurred, identifying the
employee through a name or other tracking system, and that employee’s actual time
spent on the project.
●Time estimates for work performed on the project are not acceptable.
●Time sheets that do not identify the specific employee’s time spent on the project are
not acceptable.
●Costs of the salaries and wages must be calculated according to the grantee’s wage
and salary scales and may include employer paid benefit costs such as “workers’
compensation.”
●Overtime costs may be allowed under the grantee’s established policy, provided that
the regular work time was devoted to the same project
ATTACHMENT D
Exhibit A
A-17
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Documents Required for the Department of Finance Audit
Please have the following documents, files, records, and other resources available for
the Department of Finance during their audit of the grant.
Internal Controls:
1. Grantee's organization charts.
2. Written internal procedures and flowcharts for the following procedures:
a. Grantee's receipts and deposits
b. Grantee's disbursements
c. Grantee's invoice preparation
3. Audit reports covering the Grantee's internal control structure and/or
expenditures within the last two years.
Contracts:
1. Original contract between the Grantee and the State, including any
amendments.
2. All contract documents between the Grantee and any subcontractors.
3. Listing of all active or completed contracts funded by Proposition 12, 13, 40,
and 50.
Budgets:
1. Budget modification documents.
Invoices:
1. Invoices from the Grantee to the State for payments made under the grant.
2. Invoices from the subcontractors to the Grantee for payments made under the
grant.
3. All supporting documentation associated with the above invoices.
Cash Documents:
1. Receipts showing payment received from the State.
2. Deposit slips showing deposit of the payments received from the State.
3. Canceled checks or disbursement documents showing payments made to
vendors for contract disbursements.
4. Bank statements showing the deposit of the receipts and interest earned on
any monies held by the Grantee.
ATTACHMENT D
Exhibit A
A-18
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Accounting Records:
1. Ledgers showing entries for cash receipts and cash disbursements.
Travel/Per Diem:
1. Grantee travel policies.
2. Travel claims for travel costs charged to the contract organized by the
Grantee Invoice on which the travel was charged.
3. Mileage logs, if mileage for grantee employees claimed and paid with Grant
funds.
Project Files:
1. All supporting documentation maintained in the project files.
ATTACHMENT D
Exhibit A
A-19
DocuSign Envelope ID: 0607FE55-5158-4A0C-96E4-E64CFA6617B9
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SAMPLE
CALIFORNIA ARTS COUNCIL
GRANT AGREEMENT
Grantee Name: Insert Here
Project Title: Insert Here
Agreement Number: XXXXXX-0
Authority: Bill No. AB 179, Specified Funding FY 2022-23
Program: General Fund Designated Funding Grant Projects
PROJECT DESCRIPTION
Brief Project Description
A detailed project scope and activities, project schedule and project budget are
described and attached hereto as Exhibit A.
Grant Funds are to be used to support capital asset projects/programmatic project in
accordance with the provisions contained in the Procedural Guide for Dedicated
Funding Grant Projects and this Agreement.
TERMS AND CONDITIONS OF GRANT
Special Provisions
Special Provisions, if applicable EXAMPLES ONLY: (see other Sample Special
Provisions in B&G/Procedures–Various/Preparation of Grant Agreement)
1. Insert if California Environmental Quality Act (CEQA) (including Greenhouse Gas
Emissions) has not yet been completed at time of Grant Agreement: As conditions
precedent to the State’s obligation to make any construction funding available
pursuant to this agreement, Grantee shall first provide evidence of compliance with
CEQA.
2. Insert if nonprofit: If the Grantee is a nonprofit organization and ceases to exist, all of
its rights, title and interest in the real property shall vest in the State of California.
ATTACHMENT D
Exhibit A
A-20
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The State may, at its discretion, identify an appropriate public or private entity to
accept the right, title and interest in the real property in lieu of the State.
3. Insert if grantee has not yet obtained land tenure/site control: As conditions
precedent to the State’s obligation to make any funding available pursuant to this
agreement, Grantee shall first provide evidence of adequate land tenure and
evidence that the project will be operated and maintained for a minimum of 25 years
satisfactory to the State for all land to be improved under this agreement.
ATTACHMENT D
Exhibit A
A-21
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General Provisions
A. Definitions
1. The term "Act" means Bill No. AB 179 (2022).
2. The term “Acquisition” means obtaining a fee interest or any other interest,
including easements, leases, and development rights.
3. The term “Agreement” means this Grant Agreement.
4. The term “Application Guidelines” means the Procedural Guide for General Fund
Specified Grant Projects.
5. The term “Development” means improvement, rehabilitation, restoration,
enhancement, preservation, protection and interpretation or other similar
activities.
6. The term “Fair Market Value” means the value placed upon the property as
supported by an appraisal that has been reviewed and approved by the
California Department of General Services (DGS).
7. The term “Grant” or “Grant Funds” means the money provided by the State to the
Grantee in this agreement.
8. The term “Grant Agreement” means a contractual arrangement between the
State and Grantee specifying the payment of funds by the State for the
performance of specific project objectives within a specific project performance
period by the Grantee.
9. The term “Grantee” means an applicant who has a signed agreement for grant
funds. (Grantee’s Authorized Representative signature required on Grant Agreement.)
10. The term “Interpretation” means visitor-serving amenities that communicate the
significance and value of natural, historical and cultural resources in a manner
that increases the understanding and enjoyment of these resources, or other
similar activities.
11. The term “Other Sources of Funds” means cash or in-kind contributions that are
required or used to complete the project beyond the grant funds provided by this
Agreement.
12. The term “Payment Request Form” means Invoice.
13. The term "Project" means the acquisition or development activity described in the
application as modified by Exhibit A to be accomplished with grant funds.
ATTACHMENT D
Exhibit A
A-22
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14. The term “Project Budget” means the State approved cost estimate included as
Exhibit A to this Agreement.
15. The term “Project Scope” means the description or activity for work to be
accomplished by the project.
16. The term "State" means the Secretary for California Arts Council or his/her
representatives, or other political subdivision of the State.
B. Project Execution
1. Subject to the availability of funds in the Act, the State hereby grants to the
Grantee a sum of money (Grant Funds) not to exceed the amount stated on the
signature page in consideration of and on condition that the sum be expended in
carrying out the purposes as set forth in the description of project in this
Agreement and its attachments and under the Terms and Conditions set forth in
this agreement.
2. Grantee shall furnish any and all additional funds that may be necessary to
complete the project.
3. Grantee shall complete the project in accordance with the Project Performance
Period set forth on the signature page, unless an extension has been formally
granted by the State and under the Terms and Conditions of this agreement.
Extensions may be requested in advance and will be considered by State, at its
sole discretion, in the event of circumstances beyond the control of the Grantee,
but in no event beyond June 30, 2023.
4.Grantee shall at all times ensure that project complies with the California
Environmental Quality Act (CEQA) (Public Resources Code, Division 13,
commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000
et. seq.) and all other environmental laws, including but not limited to obtaining all
necessary permits. Grant funds will not be disbursed before the close of the
period for legal challenge under CEQA.
Grant funds for planning and document preparation may be available sooner if included
in the grant project scope (Exhibit A) and approved by the State. CEQA
compliance shall be completed within one (1) year from the Grant Agreement
start date, unless an extension is granted by the State.
Changes to the scope resulting from CEQA compliance are permitted provided the
State determines that the project continues to meet all objectives of the
General Fund Specified Grant Project and is consistent with the intent cited in
the original Application.
ATTACHMENT D
Exhibit A
A-23
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If a grantee's project is disapproved on grounds related to the California Arts
Council’s CEQA determination, the grantee shall have the option of either: (1)
reimbursing the CAC for all state-reimbursed preliminary costs (e.g., planning,
design, etc.), or (2) relinquishing any planning/design documents, including all
copies, reproductions, and variations resulting from said funding, without a
license to use or otherwise retain in any form.
5. Projects must comply with any applicable laws pertaining to prevailing wage and
labor compliance.
6. Grantee certifies that the project does and will continue to comply with all current
laws and regulations which apply to the project, including, but not limited to, legal
requirements for construction contracts, building codes, environmental laws,
health and safety codes, and disabled access laws. Grantee certifies that, prior
to commencement of construction; all applicable permits and licenses (e.g., state
contractor’s license) will have been obtained.
7. Grantee shall provide access by the State upon 24-hours’ notice to determine if
project work is in accordance with the approved project scope, including a final
inspection upon project completion.
8. Prior to the commencement of any work, Grantee agrees to submit in writing to
the State for prior approval any deviation from the original project scope per
Exhibit A and the application. Changes in project scope must continue to meet
the need cited in the original application or they will not be approved. Any
modification or alteration in the project as set forth in the application on file with
the State must be submitted to the State for approval. Any modification or
alteration in the project must also comply with all current laws and regulations,
including but not limited to CEQA.
9. Grantee shall provide for public access and/or educational features where
feasible.
10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to project lands
and demonstrate to the satisfaction of the State that the proposed project will
provide public benefits that are commensurate with the type and duration of the
interest in land. Any acquisition of project lands by Grantee following award shall
not involve eminent domain proceedings or threat of eminent domain
proceedings.
11. Grantee shall promptly provide photographs of the site during and after
implementation of project at the request of the State.
C. Project Costs
ATTACHMENT D
Exhibit A
A-24
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1.Grant funds provided to Grantee under this agreement will be disbursed in a
single payment distribution for eligible costs. Payments are made as follows, but
shall not exceed in any event the amount set forth on the signature page of this
agreement:
a.A single distribution payment of the total contract dollar amount will be
made upon approval of the contract and submission of an invoice by
the Grantee. Grantee agrees to use any Grant Funds under the terms of this
Agreement solely for the Project herein described.
b.The Grantee shall place these Funds in a separate interest-bearing account,
setting up and identifying such account prior to the release of grant
funds. Interest earned on Grant Funds shall be used on the Project, as
approved by the State. Any overpayment of Grant Funds in excess of final
project costs shall be returned to the State within sixty (60) days of
completion of the Project or the end of the Project performance period as
shown on the signature page, whichever is earlier.
2. Payment Documentation:
a. A payment request must be submitted using a completed Payment Request
Form.
b. If the payment request package is incomplete, inadequate or inaccurate, the
State will inform the Grantee and hold the payment request until all required
information is received or corrected. Any penalties imposed on the Grantee
by a contractor, or other consequence, because of delays in payment will be
paid by the Grantee and is not reimbursable under this agreement.
3. Grant funds in this award have a limited period in which they must be expended.
Grantee expenditures funded by the State must occur within the time frame of
the Project Performance Period as indicated in this agreement.
4. The State reserves the right to request reimbursement of any funds spent on the
project, even funds deemed eligible costs, if the project is not completed in
accordance with the Grant Agreement and the guidelines.
5. Except as otherwise provided herein, the Grantee shall expend grant funds in the
manner described in the Exhibit A approved by the State. The total dollars of a
category in the project budget may be increased by up to ten percent (10%)
through a reallocation of funds from another category, without approval by the
State. However, the Grantee shall notify the State in writing when any such
reallocation is made and shall identify both the item(s) being increased and those
being decreased. Any cumulative increase or decrease of more than ten percent
ATTACHMENT D
Exhibit A
A-25
DocuSign Envelope ID: 0607FE55-5158-4A0C-96E4-E64CFA6617B9
26
(10%) from the original budget in the amount of a category must be approved by
the State. In any event, the total amount of the grant funds may not be
increased, nor may any adjustments exceed the limits for management costs as
described in the Application Guidelines.
D. Project Administration
1. Grantee shall promptly provide project reports and/or photographs upon request
by the State. In any event Grantee shall provide the State a report showing total
final project expenditures with the final payment request and required closing
documents.
2. Grantee shall make property and facilities acquired or developed pursuant to this
agreement available for inspection upon request by the State.
3. Grantee shall use any income earned by the Grantee from use of the project to
further project purposes, or, if approved by the State, for related purposes within
the jurisdiction.
4. Grantee shall submit all documentation for project completion, including a notice
of completion as applicable within ninety (90) days of project completion, but in
no event any later than September 30, 2023.
5.This agreement may be amended by mutual agreement in writing between
Grantee and State. Any request by the Grantee for amendments must be in
writing stating the amendment request and reason for the request. The Grantee
shall make requests in a timely manner and in no event less than sixty (60) days
before the effective date of the proposed amendment.
6. Grantee must report to the State all sources of other funds for the project.
E. Project Termination
1. The State reserves the right to terminate a Grant Agreement for any reason at
any time. There are no vested rights or entitlements to funding that a Grantee
can or should rely upon, and once a notice of termination is provided to the
Applicant, only authorized and eligible work prior to that notification of termination
will be paid by the State.
2. Prior to the completion of project construction, either party may terminate this
agreement by providing the other party with thirty (30) days’ written notice of
such termination. The State may also terminate this Grant Agreement for any
reason at any time if it learns of or otherwise discovers that there is a violation of
ATTACHMENT D
Exhibit A
A-26
DocuSign Envelope ID: 0607FE55-5158-4A0C-96E4-E64CFA6617B9
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any state or federal law or policy by Grantee which affects performance of this or
any other grant agreement or contract entered into with the State.
3. If the State terminates without cause the agreement prior to the end of the
Project Performance Period, the Grantee shall take all reasonable measures to
prevent further costs to the State under this agreement. The State shall be
responsible for any reasonable and non-cancelable obligations incurred by the
Grantee in the performance of the agreement prior to the date of the notice to
terminate.
4. If the Grantee fails to complete the project in accordance with this agreement, or
fails to fulfill any other obligations of this agreement prior to the termination date,
the Grantee shall be liable for immediate repayment to the State of all amounts
disbursed by the State under this agreement, plus accrued interest and any
further costs related to the project. The State may, at its sole discretion, consider
extenuating circumstances and not require repayment for work partially
completed provided that the State determines it is in the State’s best interest to
do so. This paragraph shall not be deemed to limit any other remedies available
to the State for breach of this agreement.
5. Failure by the Grantee to comply with the terms of this agreement or any other
agreement under the Act may be cause for suspension of all obligations of the
State hereunder.
6. Failure of the Grantee to comply with the terms of this agreement shall not be
cause for suspending all obligations of the State hereunder if, in the judgment of
the State, such failure was due to no fault of the Grantee. At the discretion of the
State, any amount required to settle at minimum cost any irrevocable obligations
properly incurred shall be eligible for reimbursement under this agreement.
7. Because the benefit to be derived by the State, from the full compliance by the
Grantee with the terms of this agreement, is the for the purposes as stated in the
application for the people of the State of California, and because such benefit
exceeds to an immeasurable and unascertainable extent the amount of money
furnished by the State by way of grant funds under the provisions of this
agreement, the Grantee agrees that payment by the Grantee to the State of an
amount equal to the amount of the grant funds disbursed under this agreement
by the State would be inadequate compensation to the State for any breach by
the Grantee of this agreement. The Grantee further agrees therefore, that the
appropriate remedy in the event of a breach by the Grantee of this agreement
shall be the specific performance of this agreement, unless otherwise agreed to
by the State.
F. Hold Harmless
ATTACHMENT D
Exhibit A
A-27
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1.Grantee shall waive all claims and recourses against the State, including the right
to contribution for loss or damage to persons or property arising from, growing
out of or in any way connected with or incident to this agreement, except claims
arising from the gross negligence of State, its officers, agents and employees.
2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and
employees in perpetuity against any and all claims, demands, damages, costs,
expenses or liability costs arising out of the project, including development,
construction, operation or maintenance of the property described in the project
description which claims, demands or causes of action arise under Government
Code Section 895.2 or otherwise, including but not limited to items to which the
Grantee has certified, except for liability arising out of the gross negligence of
State, its officers, agents or employees. Grantee acknowledges that it is solely
responsible for compliance with items to which it has certified.
3. Grantee and State agree that in the event of judgment entered against the State
and Grantee because of the gross negligence of the State and Grantee, their
officers, agents or employees, an apportionment of liability to pay such judgment
shall be made by a court of competent jurisdiction. Neither party shall request a
jury apportionment.
G. Financial Records
1. Grantee shall maintain satisfactory financial accounts, documents and records
for the project and to make them available to the State for auditing at reasonable
times. Grantee shall also retain such financial accounts, documents and records
for three (3) years after final payment and one (1) year following an audit.
2. Grantee agrees that during regular office hours, the State and its duly authorized
representatives shall have the right to inspect and make copies of any books,
records or reports of the Grantee pertaining to this agreement or matters related
thereto. Grantee shall maintain and make available for inspection by the State
accurate records of all of its costs, disbursements and receipts with respect to its
activities under this agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless
otherwise agreed to by the State.
H. Use of Facilities
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
through the CAC 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.
ATTACHMENT D
Exhibit A
A-28
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2.Grantee shall use the property for the purposes for which the grant was made
and shall make no other use or sale or other disposition of the property. This
agreement shall not prevent the transfer of the property from the Grantee to a
Public Agency, if the successor public agency assumes the obligations imposed
by this agreement.
3. If the use of the property is changed to a use that is not permitted by the
agreement, or if the property is sold or otherwise disposed of, at the State’s sole
discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market
Value of the real property, or (3) the proceeds from the sale or other disposition,
whichever is greater, may be reimbursed to the State. If the property sold or
otherwise disposed of is less than the entire interest in the property funded in the
Grant, an amount equal to either the proceeds from the sale or other disposition
of the interest or the Fair Market Value of the interest sold or otherwise disposed
of, whichever is greater, shall be reimbursed to the State.
4. The Grantee shall not use or allow the use of any portion of the real property for
mitigation without the written permission of the State.
5. The Grantee shall not use or allow the use of any portion of the real property as
security for any debt.
I. Nondiscrimination
1. During the performance of this grant, grantee and its subcontractors shall not
unlawfully discriminate, harass or allow harassment, against any person because
of sex, sexual orientation, race, color, religious creed, marital status, denial of
family and medical care leave, ancestry, national origin, medical condition
(cancer/genetic characteristics), age (40 and above), disability (mental and
physical) including HIV and AIDS, denial of pregnancy disability leave or
reasonable accommodation. Grantee and subcontractors shall ensure that the
evaluation and treatment of all persons, and particularly their employees and
applicants for employment are free from such discrimination and harassment.
Grantee and its subcontractors shall comply with the provisions of the Fair
Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable
regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.).
The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, §12990 (a)–(f), are incorporated into this grant
by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2,
§7285.0 et seq.). Grantee shall include this non-discrimination and compliance
provisions of this clause in all subcontracts to perform work under the grant.
2. The Grantee shall not discriminate against any person on the basis of residence
except to the extent that reasonable difference in admission or other fees may be
maintained on the basis of residence and pursuant to law.
ATTACHMENT D
Exhibit A
A-29
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3.The completed project and all related facilities shall be open to members of the
public generally, except as noted under the special provisions of this agreement
or under provisions of the Act.
J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to
the Application approved in writing by the State are hereby incorporated by
reference into this agreement as though set forth in full in this agreement.
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 this agreement which can be given
effect without the invalid provision or application, and to this end the provisions of
this agreement are severable.
L. Waiver
No term or provision hereof will be considered waived by either party, and no breach
excused by either party, unless such waiver or consent is in writing and signed on
behalf of the party against whom the waiver is asserted. No consent by either party
to, or waiver of, a breach by either party, whether expressed or implied, will
constitute consent to, waiver of or excuse of any other, different or subsequent
breach by either party.
M. Assignment
Except as expressly provided otherwise, this agreement is not assignable by the
Grantee either in whole or in part.
N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the
State arising out of or relating to this agreement, the Grantee shall first discuss and
attempt to resolve the issue informally with the Agency Grants Administrator. If the
issue cannot be resolved at this level, the Grantee shall follow the following
procedures:
1. If the issue cannot be resolved informally with the Agency Grants Administrator,
the Grantee shall submit, in writing, a grievance report together with any
evidence to the Director of the California Arts Council. The grievance report
must state the issues in the dispute, the legal authority, or other basis for the
Grantee’s position and the remedy sought. Within ten (10) working days of
receipt of the written grievance report from the Grantee, the Director shall make a
determination on the issue(s) and shall respond in writing to the Grantee
ATTACHMENT D
Exhibit A
A-30
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31
indicating the decision and reasons therefore. Should the Grantee disagree with
the Director’s decision, the Grantee may appeal to the Governor’s office.
2. The Grantee must submit a letter of appeal to the Governor’s office explaining
why the Director’s decision is unacceptable. The letter must include, as an
attachment, copies of the Grantee’s original grievance report, evidence originally
submitted, and response from the Director. The Grantee’s letter of appeal must
be submitted within ten (10) working days of the receipt of the Director’s written
decision. The Governor’s office or designee shall, within twenty (20) working
days of receipt of Grantee’s letter of appeal, review the issues raised and shall
render a written decision to the Grantee. The decision of the Governor’s office or
designee shall be final.
O. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years
following the final payment of grant funds. The audit shall include all books, papers,
accounts, documents, or other records of the Grantee, as they relate to the project
for which the grant funds were granted.
Please have Grantee’s Authorized Representative sign and date below, and return in
electronic format:
___________________________________________ ____________________
Grantee’s Authorized Representative (Date)
___________________________________________ ____________________
California Arts Council, Executive Director (Date)
ATTACHMENT D
Exhibit A
A-31
DocuSign Envelope ID: 0607FE55-5158-4A0C-96E4-E64CFA6617B9
Adopted and approved this 11th day of April 2023.
__________________________
Gleam Davis, Mayor
I, Maria Dacanay, Acting City Clerk of the City of Santa Monica, do hereby certify
that Resolution No. 11520 (CCS) was duly adopted at a meeting of the Santa Monica
City Council held on the 11th day of April 2023, by the following vote:
AYES: Councilmembers Brock, de la Torre, Torosis, Zwick
Mayor Pro Tem Negrete, Mayor Davis
NOES: None
ABSENT: Councilmember Parra
ATTEST:
_____________________________________
Maria Dacanay, Acting City Clerk
DocuSign Envelope ID: 0607FE55-5158-4A0C-96E4-E64CFA6617B9