1 GRANT FUNDING AGREEMENT
Vandalism Prevention & Community Enhancement Grant Program (NOFA No. 876-26)
THIS GRANT FUNDING AGREEMENT (this “Agreement”) is made and entered into as of ____________, 20___ (the “Effective Date”), by and between the CITY OF LANCASTER, a California municipal corporation and charter city (the “City”), and _______________________, a [for-profit corporation / nonprofit corporation / other: __________] (“Grantee”). The City and Grantee are each a “Party” and collectively the “Parties.”
R E C I T A L S
A. The City established the Vandalism Prevention & Community Enhancement Grant Program (the “Program”) and issued its Notice of Funding Availability No. 876-26 (the “NOFA”) to support proactive, preventative, and restorative investments that reduce vandalism, strengthen commercial corridors, support local businesses and community-serving organizations, and enhance the economic vitality, safety, and appearance of Lancaster neighborhoods.
B. Grantee submitted an application in response to the NOFA proposing the project more particularly described in Exhibit A (the “Project”).
C. On ____________, 20___, the City Council of the City of Lancaster approved an award of grant funds to Grantee for the Project, subject to the terms and conditions of this Agreement.
D. The City has determined that the Project serves a public purpose consistent with the Program and the NOFA, and Grantee desires to accept the grant award and perform the Project subject to the terms set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS
As used in this Agreement, the following terms have the meanings set forth below; other capitalized terms are defined where they first appear.
(a)“Allowable Costs” means costs that are eligible for grant reimbursement under the NOFA and Section 4, that are incurred during the Term, that are directly attributable to the Project, and that are reasonable, necessary, and adequately documented. (b)“Grant Funds” means the maximum amount the City has agreed to provide to Grantee for Allowable Costs as set forth in Section 2. (c)“Project Completion Deadline” means the date by which the Project must be completed, as set forth in Section 3 and Exhibit A.
2 (d)“Scope of Work” means the description of the Project, tasks, and deliverables set forth in Exhibit A.
(e)“Project Budget” means the line-item budget set forth in Exhibit B.
2. GRANT AWARD
(a)Maximum Amount. The City shall provide Grant Funds to Grantee in an amount not to exceed $______________ (“__________________________ Dollars”) for Allowable Costs actually incurred and paid by Grantee in performing the Project. The Grant Funds represent the City’s maximum financial obligation under this Agreement, regardless of the actual cost of the Project.
(b)No Cost Overruns. Grantee is solely responsible for all Project costs in excess of the Grant Funds. The City has no obligation to provide funding beyond the maximum amount stated above.
(c)Reimbursement Basis. Grant Funds are provided on a reimbursement basis only. The City shall not advance Grant Funds, and no Grant Funds are payable except upon submission and approval of a complete reimbursement request as provided in Section 4. (d)Use of Grant Funds. Grantee shall use the Grant Funds solely for Allowable Costs to perform the Project in accordance with the Scope of Work, the Project Budget, the NOFA, and this Agreement.
3. TERM; SCHEDULE OF PERFORMANCE
(a)Term. This Agreement is effective as of the Effective Date and, unless earlier terminated as provided herein, continues until the later of (i) the City’s final disbursement of Grant Funds and Grantee’s satisfaction of all reporting and closeout obligations, or (ii) the expiration of all surviving obligations under this Agreement (the “Term”). (b)Project Completion Deadline. Grantee shall complete the Project on or before ____________, 20___, unless extended in writing by the City in its discretion. Time is of the essence.
(c)Schedule of Performance. Grantee shall perform the Project in accordance with the schedule of performance set forth in Exhibit A. Grantee shall promptly notify the City in writing of any anticipated or actual delay and the corrective measures Grantee will take.
4. DISBURSEMENT OF GRANT FUNDS
(a)Reimbursement Requests. To obtain reimbursement, Grantee shall submit to the City a written reimbursement request in the form attached as Exhibit C, accompanied by: (i) paid invoices and proof of payment (e.g., cancelled checks, bank or credit-card statements, or lien releases); (ii) a description of the work completed and how it conforms to the Scope of Work; (iii) supporting photographs or documentation of completed improvements; and (iv) any other documentation reasonably required by the City.
(b)City Review. The City shall review each complete reimbursement request and, if approved, disburse the approved amount within a reasonable time. The City may withhold 3 approval of, or request additional documentation for, any cost that is not an Allowable Cost or that is not adequately documented.
(c)Retention/Final Disbursement. The City may retain up to ____% of the Grant Funds until Grantee has completed the Project and satisfied all reporting and closeout requirements under Section 5.
(d)Deadline for Submission. Grantee shall submit all reimbursement requests no later than __________ days after the Project Completion Deadline. The City has no obligation to reimburse costs submitted after this deadline.
(e)Eligible Costs. Grant Funds may be used only for the eligible uses described in the NOFA and the Scope of Work, including vandalism prevention and business protection measures, vandalism repair and remediation, and community enhancement and economic revitalization improvements, in each case located within the City of Lancaster and providing a clear public benefit.
(f)Ineligible Costs. Grant Funds may not be used for: (i) routine maintenance unrelated to vandalism prevention or remediation; (ii) interior tenant improvements with no public- facing benefit; (iii) ongoing operational or staffing costs; (iv) costs incurred prior to the City Council’s approval of the award; (v) political activities or lobbying; or (vi) any other cost identified as ineligible in the NOFA.
(g)No Supplanting. Grant Funds must supplement, and not supplant, existing funding sources. Grantee shall not use Grant Funds to replace insurance proceeds, existing capital budgets, or previously committed funding.
(h)Duplicate Payment. Grantee shall not seek or accept reimbursement for any cost that has been or will be paid from any other source, including insurance proceeds or other grants. Grantee shall promptly disclose to the City any other funding received for the Project.
5. REPORTING; RECORDS; AUDIT
(a)Progress Reports. Grantee shall submit progress reports at the times and in the form reasonably required by the City describing the status of the Project, costs incurred, and progress toward completion.
(b)Final Report. Within __________ days after completion of the Project, Grantee shall submit a final report describing the completed Project, the public benefit achieved, total Project costs, and final accounting of Grant Funds, together with final photographs and documentation.
(c)Records. Grantee shall maintain complete and accurate books and records relating to the Project and the use of Grant Funds in accordance with generally accepted accounting principles, and shall retain such records for not less than four (4) years after final disbursement or longer if required by law.
(d)Audit and Inspection. The City and its authorized representatives shall have the right, upon reasonable notice and during normal business hours, to examine, audit, and copy Grantee’s records relating to the Project, and to inspect the Project site, throughout the Term 4 and for four (4) years thereafter. If an audit determines that Grant Funds were used for costs that are not Allowable Costs, Grantee shall repay such amounts to the City upon demand.
6. SITE CONTROL; MAINTENANCE
(a)Site Control. Grantee represents and warrants that it has, and shall maintain throughout the Term, legal authority to carry out the Project and site control sufficient to complete and maintain the improvements (e.g., ownership, lease, or written authorization from the property owner). Evidence of site control is attached as part of Exhibit A. (b)Location. The Project and all grant-funded improvements shall be located within the jurisdictional boundary of the City of Lancaster. (c)Maintenance. Grantee shall, at its sole expense, maintain the grant-funded improvements in good condition and repair, and shall continue to operate the site consistent with the public benefit described in the application, for a period of not less than ______ year(s) after completion of the Project (the “Maintenance Period”).
7. COMPLIANCE WITH LAWS
(a)General. Grantee shall perform the Project in compliance with all applicable federal, state, and local laws, regulations, codes, and permitting requirements. Grantee shall obtain and maintain, at its sole expense, all permits, licenses, and approvals necessary for the Project.
(b)Prevailing Wages. Grantee acknowledges that work funded in whole or in part with public funds may constitute a “public work” subject to California’s prevailing wage laws.
Cal. Lab. Code §§ 1720–1861. To the extent the Project is a public work, Grantee shall (i) pay not less than the applicable prevailing wage rates determined by the Director of Industrial Relations; (ii) comply with the registration and reporting requirements of Cal. Lab. Code §§ 1725.5 and 1771.4; and (iii) defend, indemnify, and hold the City harmless from any claim or liability arising from Grantee’s failure to comply with applicable prevailing wage requirements. (c)Nondiscrimination. Grantee shall not discriminate against any person on the basis of any classification protected under applicable law, including the California Fair Employment and Housing Act, Cal. Gov’t Code §§ 12900–12999, and Cal. Gov’t Code § 11135, in the performance of the Project.
(d)Licensed Contractors. All construction work shall be performed by contractors properly licensed under the California Contractors State License Law, Cal. Bus. & Prof. Code §§ 7000–7191.
8. INSURANCE
Prior to commencing the Project and as a condition of disbursement, Grantee shall procure and maintain, and shall cause its contractors to procure and maintain, at no cost to the City, the following insurance with insurers admitted in California or otherwise acceptable to the City:
•Commercial General Liability of not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury, and property damage;
5 •Automobile Liability of not less than $1,000,000 combined single limit, if vehicles are used in connection with the Project; •Workers’ Compensation as required by Cal. Lab. Code §§ 3700 et seq. and Employer’s Liability of not less than $1,000,000, for Grantee and its contractors having employees; and
•Builder’s Risk/Property insurance covering the improvements during construction, if applicable.
(a)Additional Insured; Primary. The Commercial General Liability and Automobile Liability policies shall name the City of Lancaster, its officials, officers, employees, agents, and volunteers as additional insureds, and shall be primary and non-contributory with respect to any insurance maintained by the City.
(b)Certificates. Grantee shall furnish the City with certificates of insurance and required endorsements evidencing the coverage required herein prior to disbursement and upon renewal. Maintenance of insurance does not relieve Grantee of its obligations under this Agreement.
9. INDEMNIFICATION
To the fullest extent permitted by law, Grantee shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City and its officials, officers, employees, agents, and volunteers (collectively, the “Indemnitees”) from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or related to Grantee’s performance of the Project, Grantee’s use of the Grant Funds, or any act or omission of Grantee, its officers, employees, agents, or contractors, except to the extent caused by the sole negligence or willful misconduct of the Indemnitees.
Grantee’s obligations under this Section are independent of, and are not limited by, the insurance requirements of this Agreement, and survive termination or expiration of this Agreement.
10. INDEPENDENT CAPACITY
Grantee is an independent entity and not an officer, employee, agent, partner, or joint venturer of the City. Nothing in this Agreement creates an employment, agency, partnership, or joint venture relationship. Grantee has no authority to bind the City, and the City’s provision of Grant Funds does not constitute the City’s approval, endorsement, or assumption of responsibility for the Project.
11. REPRESENTATIONS AND WARRANTIES
Grantee represents and warrants that: (a) it has full power and authority to enter into and perform this Agreement; (b) this Agreement has been duly authorized and is binding on Grantee; (c) all information in Grantee’s application is true and accurate; (d) Grantee is not debarred, suspended, or otherwise excluded from participation in federal, state, or local programs; and (e) Grantee has and will maintain site control and all approvals necessary for the Project. 6 12. CONFLICT OF INTEREST
Grantee shall comply with all applicable conflict-of-interest laws, including the Political Reform Act, Cal. Gov’t Code §§ 87100 et seq., and Cal. Gov’t Code § 1090. Grantee warrants that no City official or employee who has participated in the award or administration of the Grant Funds has any direct or indirect financial interest in this Agreement or the Project.
13. LEVINE ACT DISCLOSURE
Grantee acknowledges that the award and administration of the Grant Funds constitute a proceeding involving a license, permit, or other entitlement for use within the meaning of the Levine Act, Cal. Gov't Code § 84308, as amended. Grantee shall comply with the Levine Act and shall complete, execute, and submit to the City the Levine Act Disclosure Form attached as Exhibit D, disclosing any contribution of more than $250 made within the preceding twelve (12) months by Grantee, or by any agent, officer, director, partner, or person with a financial interest in Grantee, to any member of the City Council or other officer of the City who participated in the decision to award the Grant Funds.
Grantee shall not make, and shall not direct any other person to make, a contribution of more than $250 to any such officer during the period beginning on the date Grantee's application was submitted and ending twelve (12) months after the date a final decision is rendered on the award of the Grant Funds. Grantee shall promptly notify the City in writing, and supplement its Exhibit D disclosure, if any disclosed information changes or if any qualifying contribution is made during such period. Grantee's failure to comply with this Section or with the Levine Act may, in addition to any other remedy, render the award of Grant Funds voidable by the City.
14. DEFAULT; REMEDIES; REPAYMENT
(a) Events of Default. Each of the following is an event of default: (i) Grantee’s failure to perform the Project in accordance with this Agreement; (ii) use of Grant Funds for costs that are not Allowable Costs; (iii) any material misrepresentation by Grantee; (iv) Grantee’s failure to complete the Project by the Project Completion Deadline; or (v) Grantee’s breach of any other provision and failure to cure within thirty (30) days after written notice (or such longer period as the City may approve for breaches not curable within thirty (30) days). (b) Remedies. Upon an event of default, the City may, in addition to any other remedy at law or in equity: (i) withhold disbursement of Grant Funds; (ii) terminate this Agreement; and/or (iii) require Grantee to repay all or any portion of the Grant Funds disbursed. (c) Repayment. Grant Funds that are disbursed and later determined to have been used for costs that are not Allowable Costs, or that are subject to repayment under this Agreement, shall be repaid to the City within thirty (30) days after written demand, together with interest at the maximum lawful rate from the date of demand.
15. TERMINATION
(a) For Cause. The City may terminate this Agreement immediately upon written notice for an uncured event of default.
(b) For Convenience. The City may terminate this Agreement, in whole or in part, for its convenience upon thirty (30) days’ written notice. Upon such termination, the City 7 shall reimburse Allowable Costs properly incurred prior to the effective date of termination, subject to the maximum amount of Grant Funds.
(c) Effect. Upon termination, Grantee shall cease incurring costs and shall submit a final reimbursement request and reports within the time required by the City. Sections relating to records, audit, indemnification, repayment, and governing law survive termination.
16. GENERAL PROVISIONS
(a) Governing Law; Venue. This Agreement is governed by and construed in accordance with the laws of the State of California, without regard to its conflict-of-laws principles. Venue for any action arising out of or relating to this Agreement shall lie exclusively in the state or federal courts located in Los Angeles County, California. (b) Public Records. Grantee acknowledges that this Agreement and records relating to the Grant Funds may be subject to disclosure under the California Public Records Act, Cal. Gov’t Code §§ 7920.000 et seq.
(c) Assignment. Grantee shall not assign or transfer this Agreement or any interest herein, voluntarily or by operation of law, without the prior written consent of the City, which may be withheld in the City’s sole discretion.
(d) No Third-Party Beneficiaries. This Agreement is for the sole benefit of the Parties and creates no rights in any third party.
(e) Notices. All notices shall be in writing and delivered personally, by overnight courier, or by certified mail, return receipt requested, to the addresses set forth below, or by email with confirmation of receipt:
To the City: City of Lancaster
Attn: City Manager
44933 Fern Avenue
Lancaster, California 93534
Email: _________________________
To Grantee: _________________________
Attn: _________________________
_________________________
_________________________
Email: _________________________
(f) Amendment. This Agreement may be amended only by a writing signed by authorized representatives of both Parties.
(g) Waiver. No waiver of any provision is effective unless in writing, and no waiver constitutes a waiver of any other or subsequent breach. 8 (h) Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force and effect. (i) Force Majeure. Neither Party is liable for delay or failure to perform caused by events beyond its reasonable control, provided the affected Party gives prompt notice and uses diligent efforts to resume performance. Force majeure does not excuse Grantee’s obligation to repay Grant Funds.
(j) Entire Agreement. This Agreement, together with the NOFA and Exhibits A, B, C, and D, constitutes the entire agreement of the Parties and supersedes all prior negotiations and understandings. In the event of a conflict, this Agreement controls over the Exhibits, and the Exhibits control over the NOFA.
(k) Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, including by electronic signature, each of which is deemed an original and all of which together constitute one instrument.
(l) Nonappropriation. The City’s obligations are subject to the availability and appropriation of funds. If funds are not appropriated or are withdrawn, the City may terminate this Agreement without liability beyond Allowable Costs properly incurred prior to termination. [Signatures begin on next page.]
8 9
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
GRANTEE:
____________________________
By: ______________________________
Name: ________________________
Title: _________________________
CITY OF LANCASTER, a California
municipal corporation and charter city
By: ______________________________
Trolis Niebla
City Manager
APPROVED AS TO FORM:
______________________________
Allison E. Burns
City Attorney
ATTEST:
______________________________
Andrea Alexander
City Clerk
9 A-1
EXHIBIT A
SCOPE OF WORK; SCHEDULE OF PERFORMANCE;
PROJECT COMPLETION DEADLINE
1. Grantee / Lead Applicant: ________________________________________________
2. Project Site / Location (within City of Lancaster): ____________________________
3. Evidence of Site Control (ownership, lease, or written owner authorization — attach):
______________________________________________________________________________ ______________________________________________________________________________
4. Description of Vandalism Issues / Need Being Addressed:
______________________________________________________________________________ ______________________________________________________________________________
5. Proposed Solution and Scope of Work (describe improvements, e.g., security cameras, lighting, fencing/gates, anti-graffiti coatings, CPTED improvements, graffiti removal/restoration, façade or beautification improvements):
______________________________________________________________________________ ______________________________________________________________________________
6. NOFA Funding Objectives Met by the Project:
______________________________________________________________________________ ______________________________________________________________________________
7. Public Benefit and Anticipated Outcomes:
______________________________________________________________________________ ______________________________________________________________________________
8. Schedule of Performance (milestones and dates):
______________________________________________________________________________ ______________________________________________________________________________
9. Project Completion Deadline: ____________, 20___
10. Maintenance Period: ______ year(s) after Project completion A-1
B-1
EXHIBIT B
PROJECT BUDGET (LINE-ITEM)
Maximum Grant Funds: $______________
Line Item / Cost Category Description Estimated Cost
TOTAL $
Note: Grant Funds are provided on a reimbursement basis for Allowable Costs only and may not be used for ineligible costs identified in the NOFA and Section 4 of the Agreement. Grant Funds must supplement, not supplant, other funding.
B-1
C-1
EXHIBIT C
REIMBURSEMENT REQUEST FORM
Grantee: __________________________________ Request No.: ______ Date: __________ Project / NOFA No.:876-26
Vandalism Prevention & Community Enhancement Grant Program Reimbursement Period: From __________ to __________
Invoice / Vendor Description of Work (per
Scope of Work)
Date Paid Amount
TOTAL THIS REQUEST $
Required Attachments: paid invoices and proof of payment; description of completed work; photographs/documentation of completed improvements; and any other documentation required by the City.
Certification. The undersigned certifies that the costs above are Allowable Costs actually incurred and paid for the Project, are not duplicated or reimbursed from any other source, do not supplant other funding, and comply with the Agreement and the NOFA. ______________________________________
Authorized Signature / Title / Date
CITY USE ONLY
Approved Amount: $__________ Approved By: __________________ Date: ____________ C-1
D-1
EXHIBIT D
LEVINE ACT DISCLOSURE AND CERTIFICATION
(California Government Code § 84308)
This Exhibit is incorporated into and made a part of the Grant Funding Agreement identified below (the “Agreement”) and is governed by the laws of the State of California.
A. Background
California Government Code § 84308 (the “Levine Act”) restricts campaign contributions in connection with a proceeding involving a “license, permit, or other entitlement for use,” which is defined to include most contracts and grant awards. As amended effective January 1, 2025:
An officer of the City must disqualify himself or herself from a covered proceeding, and may not make or participate in the decision, if the officer has received a contribution of more than $250 from the Grantee or its Agent within the preceding 12 months. The Grantee or its Agent is prohibited from making a contribution of more than $250 to any such officer while the proceeding is pending and for 12 months following the date of the final decision.
The Grantee must disclose, on the record of the proceeding, any qualifying contribution made within the preceding 12 months.
The Levine Act generally does not apply to a contract that is (i) awarded solely on the basis of competitive (lowest) bid, (ii) a labor or personal employment contract, or (iii) valued at less than $50,000.
B. Key Definitions
Summary only — the statute and FPPC regulations control. Officer — an elected or appointed officer or member of the City Council, or of a board or commission of the City, who has authority to make or participate in making the decision to award the Grant Funds.
Grantee — the person or entity that files an application for, or is the subject of, the proceeding (i.e., the applicant for the Grant Funds).
Participant — a person who is not the Grantee but who actively supports or opposes a particular decision in the proceeding and has a financial interest in the decision. Agent — a person who represents the Grantee or a Participant in the proceeding (e.g., attorney, engineer, architect, lobbyist, or other consultant). Contributions by an Agent are separately restricted.
Contribution — a monetary or in-kind campaign contribution as defined by the Political Reform Act.
D-2
C. Grantee Information
Public Entity: City of Lancaster
Grant / Proceeding (title or no.): Vandalism Prevention & Community Enhancement Grant Program (NOFA No.
876-26)
Grantee:
Full legal name of Grantee:
Type of entity:
Mailing address:
Contact person:
Telephone / email:
D. Disclosure of Contributions
Have you (the Grantee), any Agent acting on your behalf, or any person required to be aggregated with you under the Levine Act, made one or more contributions totaling more than $250 to any officer of the City within the 12 months preceding the date of this Agreement (or the anticipated date of the City’s final decision)?
☐ NO — No such contribution has been made.
☐ YES — One or more such contributions have been made (complete the table below).
If YES, list each contribution (attach additional pages if needed):
Officer name Contributor name Relationship
(Grantee /
Participant /
Agent)
Date Amount
D-3
E. Related Persons
Complete if the Grantee is an entity. List principals, partners, or trustees and, for corporations, officers, directors, and any shareholder owning more than 10% of the entity, whose contributions may be attributable to the Grantee under the Levine Act:
Name Title / Role
F. Acknowledgment of Ongoing Obligation
The Grantee acknowledges and agrees that, from the date this proceeding became pending through 12 months after the City’s final decision on the award of the Grant Funds, neither the Grantee nor any Agent acting on its behalf will make a contribution of more than $250 to any officer of the City who participates in or has authority over this proceeding, except as permitted by the Levine Act. The Grantee further agrees to promptly supplement this disclosure if any reportable contribution is made during that period.
Grantee’s initials: _______________
G. Certification
I declare under penalty of perjury under the laws of the State of California that I am authorized to execute this Exhibit on behalf of the Grantee, that I have used reasonable diligence in preparing it, and that the information set forth above is true and correct to the best of my knowledge.
Signature:
Printed name:
Title:
Date:
Place of execution (city, state):