Agenda packet — Livermore City Council, November 25, 2024 (part 2 of 3)

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and Taxation Code section 30130.57, subdivision (e)(l) and this Chapter. (i) "Grantee" means an Applicant that has been awarded a Grant. (j) "Grant Agreement" means the written agreement between the Department and a Grantee, setting forth the terms and conditions of the use of Grant funds. (k) "Local Law Enforcement Agency" means a local government entity, such as a county, city, district, public authority, public agency, and any other political subdivision or public corporation that can support and hire law enforcement peace officers (as defined in Penal Code section 830) and is authorized to perform any of the following activities:
(1) Investigate or conduct an official inquiry into enforcement of state and local laws. ordinances, regulations, and policies related to the illegal sales and marketing of Tobacco Products to Minors and Youth.
(2) Prosecute or otherwise conduct a criminal or civil proceeding arising from the illegal sales of Tobacco Products to Minors and Youth.
([) "Minor" means an individual under the legal age (as specified in Penal Code section 308) to purchase, possess. or use Cigarettes or Tobacco Products. (m) "Project" means the activities and deliverables described in the Application to be accomplished through a Grant Agreement with funding.
(n) "Tobacco Products" has the same meaning as that in Revenue and Taxation Code section 30130.50, subdivision (b).
(o) "Youth" means an individual under 18 years old.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Sections 30121, 30130.50 and 30130.57, Revenue and Taxation Code; Sections 308 and 830, Penal Code.

Article 2. Application
§ 510. Request for Proposal.
(a) The Department shall issue a Request for Proposal (RFP) on the Department's website at https://oag.ca.gov/tobaccogrants for available Grants. An RFP shall include information about the following:
(l) The approximate amount of available funding.
(2) Deadline to submit an Application.

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(3) Application requirements, as defined in Sections 530 and 531. (4) Eligibility requirements as defined in Sections 520 and 521. (5) Eligible Project cost requirements as defined in Section 522. (6) The criteria that the Department will use to evaluate the Applications as defined in Sections 531 and 532.
(b) Grants shall be awarded each calendar year, provided funding is available. (c) Allocation of funds is contingent on the enactment of the state budget. The Department does not disburse funds until the budget has passed and is signed by the Governor.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.

Article 3. Eligibility and Eligible Costs
§ 520. Applicant Eligibility.

A Local Law Enforcement Agency is eligible to apply for a Grant.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.
§ 521. Proiect Eligibility.

The Project must include one or more of the following law enforcement efforts to be eligible for a Grant:
(a) Enforcing state and local laws related to the illegal sales and marketing of Tobacco Products to Minors.
(b) Conducting investigative activities and compliance checks to reduce the illegal sales of Cigarettes and Tobacco Products to Minors and Youth.
(c) Enforcing state and local laws related to the illegal sales and marketing of Cigarettes to Minors.
(d) Other programs supporting law enforcement peace officers' efforts to prevent or reduce illegal sales or marketing of Cigarettes and Tobacco Products to Minors and Youth, including, but not limited to, community outreach and education activities.

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Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.
§ 522. Eligible Costs.
(a) Eligible Project costs are costs documented in the Grant Agreement and directly related to the work identified in the Project description and approved by the Grant Agreement. Final determination of eligibility will be made by the Department. (b) All costs charged to the Project shall be documented within the Budget of the Project.

Eligible Project costs include. but are not limited to:
(1) Personnel and Administrative: Costs reported for reimbursement must be based on actual wages for Grantee's staff or contracted staff, and may include benefits (e.g., health care, vacation, sick leave, retirement and/or social security contribution) that are customarily paid by the Grantee. Personnel benefit charges shall be calculated in proportion to the actual time worked on a Project. No more than five percent of the Grant shall be used for administrative costs.
(2) Travel: Costs for mileage, meals, and lodging. Grantees shall retain all records described in Section 545.
(3) Operational: Supplies and materials may be purchased for a specific Project, provided the items are claimed at a cost no higher than the original purchase price paid by the Grantee. Items not specifically listed in the Grant Agreement must be approved by the Department prior to purchase.
(4) Equipment: The cost of Equipment purchased for the Project shall not exceed the minimum amount necessary to accomplish the Project. Expenditures shall reflect costs outlined in the budget narrative as defined in Section 530. (5) Media Campaigns.
(6) Training that is sponsored by the Department for the California Healthcare, Research, and Prevention Tobacco Tax Act of 2016 Tobacco Fund, or related to the Project for which the Grant was awarded.
(7) Decoys for undercover operations.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section

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30130.57, Revenue and Taxation Code.
§ 523. Ineligible Costs.
(a) All costs that do not meet the criteria in Section 522 are ineligible Project costs. Ineligible Project costs include, but are not limited to:
(1) Expenditures outside the Project performance period as specified in the Grant Agreement; (2) Work or services performed outside ofthe Project description in the Grant Agreement; (3) Any real estate purchase or lease;
(4) Goods or services for personal use, including but not limited to, awards, award certificates or ribbons, balloons, briefcases, calendars, cleaning supplies, coffee pots and supplies, food and beverages, gift cards, hand sanitizers, Kleenex/tissue paper, luggage, luggage carriers, picture frames, eating utensils, fans, heaters, and refrigerators. (5) Law enforcement materials and supplies, including but not limited to, firearms and related accessories, vests, uniforms, K9, pepper spray, vehicles, and vehicle trailers. (b) Grant funds shall not to be used to supplant existing state or local funds for the Grantee's Project. Supplant means using Grant funds to pay for costs that are already funded within the Grantee's budget, or for which other state or local funds have already been received, in order to reallocate existing funds for other purposes.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.

Article 4. Application Submittal, Review, and Grant Award § 530. Application Requirements.
(a) An Application must contain the following:
(1) A cover sheet that shall include: Applicant name; authorized representative's name, classification/position, address, phone number and email address; contact person's name, classification/position, address, phone number, and email address. (2) A signature page signed by a representative authorized to submit the Application. (3) Requested Grant amount; Project or Grant funding duration (24 or 36 months); and a brief summary of the description of the Project and its goals and objectives.

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(4) A problem statement, as described in subdivision (b). (5) A description of how the Grant will be spent, as described in subdivision (c). (6) A Budget of eligible costs for the Project for 24 months or 36 months. The Budget shall contain the description and cost of the salaries, overtime, and benefits for each classification/position for each fiscal year, operating expenses and Equipment for each fiscal year, travel, administrative costs, and other expenses. Applications shall include a budget narrative justifying each cost. Applications shall also identify any state or local funding sources and amounts for the proposed Project.
(7) A narrative of previous tobacco Grant awards received from the Department, if applicable.
(8) Certifications, as described in subdivisions (d) and (e). (9) Letters of intent, if applicable, as described in subdivision (f). (b) Problem statement. An Applicant's problem statement shall describe a specific Cigarette or Tobacco Product related problem; a reasonable estimate ofthe scale ofthe problem, including how the problem affects Minors and Youth; the geographic area in which the problem persists, including, but not limited to, population data, relevant demographic and socio-economic characteristics ofthe community; Cigarette or Tobacco Product use rates and patterns, including, but not limited to, the rates and patterns of use in the community, particularly ofMinors and Youth, the number of Cigarette or Tobacco Product retailers in the geographic area, and data regarding sales to Minors and Youth and specific problem locations; and any other factors contributing to the Cigarette or Tobacco Product related problems in the geographic area. The problem statement may be supported by studies, research summaries. crime statistics, or data from the California Department of Public Health.
(c) Project description. An Applicant's Project description shall include an explanation of how the Project will address the problem identified in the Applicant's problem statement, a list and narrative description of Project goals and order of priority, desired outcomes and an explanation of how the Applicant will measure those outcomes and the success ofthe Project, and a time line for completing each goal measured in three-month increments. The Project description shall also specify the personnel positions that will be funded to carry out the Project, a description ofthe duties of each position, and the percentage oftime that will be allocated to each duty. (d) Certification regarding conflicts. An Applicant shall certify in its Application that it does not

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receive funding from a manufacturer, distributor, or advertiser of Cigarettes or Tobacco Products.
(e) Certification regarding supplanting. An Applicant shall certify in its Application that the requested Grant funds will not supplant existing state or local funds dedicated for the same purpose.
(f) Letters of intent. Any Applicant intending to contract with another entity to achieve the Project objectives shall provide a letter of intent signed by an official representative of each contractor conveying an intention to contract with the Applicant.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.
§ 531. Administrative Review of Application.
(a) The Department will review the Applications to ensure they are submitted by eligible Applicants, meet the requirements of Section 530, and are received by the Department in accordance with the RFP described in Section 510.
(b) The administrative review is a pass/fail evaluation. Only Applications that pass this review shall be evaluated under Section 532.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.
§ 532. Scoring of Application.
(a) Applications that pass the administrative review under Section 531 shall be reviewed by a merits review committee. The merits review committee shall initially assess whether or not the proposed Project is eligible under Section 521. This will render a pass/fail score. (b) Each Application that qualifies after the review under subdivision (a) will be evaluated according to the following criteria:
(1) The significance of the problem to be addressed.
(2) The proposed Proiect and its goals and objectives, and the extent to which the proposed Project addresses the problem.

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(3) The qualifications of the personnel required to implement the Project. (4) The completeness, accuracy, and reasonableness of the estimated Budget. (5) The capacity of the Applicant to achieve its stated goals and objectives. In assessing capacity, the Department may consider indicators of community support for the proposed Project, including letters of stakeholder support and information about the Applicant's community outreach efforts. In assessing capacity of an Applicant that is a party to an existing or prior Grant Agreement, the Department shall consider the Applicant's historical performance under the existing or prior Grant Agreement.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.
§ 533. Grant Award.
{a) Grants will be awarded for the full or partial amount requested. or denied, based on the following factors:
(1) Amount of available funding;
(2) Number of Applicants;
(3) Amount of funding requested by Applicants;
(4) The merits of the Application based on the criteria set forth under Section 532;and
(5) The Department's funding priorities.
{b) The merits review committee will submit its recommendations for funding to the Attorney General or designee for final selection. The Department shall notify the Applicant of the Grant award, including the amount, or the denial of a Grant award. (c) The Department's selection{s) are final and not subject to administrative appeal.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.

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Article 5. Grant Agreement, Reimbursement, Progress Reports, Recordkeeping, and Audits
§ 540. Grant Agreement.
(a) Applicants selected for a Grant award shall provide a resolution of the Applicant's governing body, ifone exists, authorizing the Applicant to enter into a contract with the State and identifying the person authorized to execute the contract for the Applicant. The resolution shall expressly authorize future amendments, if any, for the purpose of increasing funding provided in the original contract, without an additional resolution from the governing body. (b) The Grantee shall return a letter of intent to accept the award within 15 calendar days of the date ofthe Department's written award notice. The Grant Agreement shall then be prepared and executed with the Grantee.
(c) The terms and conditions of a Grant shall be set forth in a Grant Agreement entered into by the Department and the Grantee. A Grantee has the sole responsibility for the fiscal management of Grant funds, recordkeeping, reporting, performance ofthe Project, and all other aspects of compliance with this Chapter and the Grant Agreement. The Grant Agreement shall include, but is not limited to, the following:
( 1) Grant amount.
(2) Grantee contact information.
(3) Grant duration.
(4) Description of the Project funded by the Grant award in Section 533. (5) Budget with eligible costs.
(6) The Grantee's agreement to indemnify and hold harmless the Department, and all officers, agents and employees ofthe same, from and against any and all claims, liabilities, or losses of any kind or nature, whether direct or indirect, arising from or relating to the Project or use ofthe Grant.
(7) The Grantee's agreement to comply with the California Healthcare, Research and Prevention Tobacco Tax Act of2016 and this Chapter.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.

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§ 541. Reimbursement.
(a) Reimbursement payments cannot be provided until a fully executed Grant Agreement is returned to the Department.
(b) Eligible costs incurred may only be reimbursed if a request is submitted to the Department on a quarterly basis on January 15th, April 15th, July 15th, and October 15th with an itemization of expenditures that shall include, but is not limited to:
(1) Purchases: paid invoices and/or receipts:
(2) Services: paid invoices and/or receipts;
(3) Timekeeping and Equipment logs: transaction register or other electronically generated reports; and
(4) Training and Travel: paid invoices and/or receipts. (c) The Department is responsible for approving and processing reimbursement requests. The Department reserves the right to withhold approval of reimbursement requests if the Grantee is, at any time. not adhering to the Grant Agreement or the statutes or regulations governing the Tobacco Grant Program; or if the Grantee has not submitted any outstanding documentation or reports required by this Chapter.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.
§ 542. Progress Reports.
(a) Grantees must submit quarterly progress reports and other information requested by the Department related to the Grant. Quarterly progress reports shall be submitted on January 15th, April 15th, July 15th, and October 15th and shall describe Grant activities undertaken pursuant to the Grant Agreement during the reporting period. The final quarterly report shall describe Grant activities completed up to the end of the term of the Grant award. (b) The Department may withhold the final reimbursement claim(s) or 10 percent of the Grant amount, whichever is more, pending approval by the Department of the final quarterly report.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.

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§ 543. Grant Agreement Amendments.
(a) A Grantee may request a change in the use of Grant funds, the Project description, or the duration ofthe Grant award, or other changes related to the Project or Budget under the Grant Agreement by submitting a written request to the Department that includes the reasons the change is needed and that demonstrates the change is consistent with the California Healthcare, Research and Prevention Tobacco Tax Act of2016 and this Chapter. (b) With the exception of Budget modifications, only one amendment is allowed during the duration ofthe Grant. Grantees may request up to three Budget modifications per fiscal year.

Budget modifications are limited to moving funds from one fiscal year to another or realigning funds to increase a line item by no more than 10 percent ofthe original amount awarded for the line item.
(c) Requests to extend the duration ofthe Grant will not be considered unless received by the Department at least six months prior to the end ofthe duration ofthe Grant award.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.
§ 544. Project Breach-Termination.

Failure of a Grantee to comply with the Grant Agreement or this Chapter shall be treated by the Department as a breach of contract. Ifthe Department determines there is a breach ofthe Grant Agreement, the Department shall give the Grantee written notification. If the Grantee does not commence action to remedy the breach within 30 calendar days ofthe date ofthe written notice, the Department may terminate the Grant Agreement and void the Department's obligations. The Project shall remain subject to all recordkeeping and audit requirements contained in this Chapter.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.
§ 545. Recordkeeping.
(a) Personnel Records: The Grantee shall document and keep records of all labor and personnel

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activity related to the Project, including payroll and attendance records and reports produced by an electronic timekeeping system.
(b) Travel Claims: The Grantee shall document and identify the personnel time, date of activity, work performed, and miles or other travel related to the Project. (c) Other Records: The Grantee shall maintain all receipts, invoices, and records of procurement of goods or services related to the Project.
(d) Record Retention: The Grantee shall retain all documents, records, receipts, and financial accounts related to the Project as required by this section and as otherwise necessary to substantiate the purpose for which the funds were spent for five years from the expiration of the Grant Agreement, or in accordance with the Grantee's records retention period, whichever is longer.

Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Section 30130.57, Revenue and Taxation Code.
§ 546. Audits.
(a) The Department has the authority to conduct an audit of the Grantee's expenditure of Grant funds.
(b) Grantees shall cooperate with the Department by providing any and all documents, records, receipts, and financial account records described in Section 545 to the Department upon request. (c) One or more of the following shall be grounds for an audit exception, which may require the refund of amounts paid with Grant funds: (1) failure to fully complete the work or services described in the Project description under the terms and conditions of the Grant Agreement; (2) failure to assess the performance of any contract entered into by a Grantee relating to a Grant as agreed to in the Grant Agreement; and (3) failure to maintain documents, records, receipts, and financial accounts supporting the expenditures reimbursed with Grant funds. (d) The Department shall confirm the completion of the work or services described in the Project description and may inspect and/or make copies of any books, records, or reports of the Grantee pertaining to the Project.
(e) Upon completion of an audit, if there is a refund due to the state, the Grantee shall remit the refund due within 60 calendar days from the notification to the Grantee by the Department.

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Note: Authority cited: Section 30130.57, Revenue and Taxation Code. Reference: Sections 30130.56 and 30130.57, Revenue and Taxation Code.

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CITY COUNCIL STAFF REPORT ITEM NO. 5.7
DATE: November 25, 2024
TO: Honorable Mayor and City Council
FROM: Brandon Cardwell, Innovation and Economic Development Director SUBJECT: Resolution authorizing the execution of Project and Program Grant Agreements with Las Positas College Foundation, Livermore Art Association, and Livermore Valley Performing Arts Center dba Livermore Valley Arts, consistent with the City's Public Art Policy.

RECOMMENDED ACTION
The Commission for the Arts and staff recommend the City Council adopt a resolution approving the applications and authorizing the execution of the following Project and Program Grant Agreements:

Las Positas College Foundation in the amount of $10,000 for 2025 LPC Literary Arts Festival Livermore Arts Association in the amount of $5,800 for 2025 Spring Arts Program Livermore Valley Performing Arts Center dba Livermore Valley Arts in the amount of $10,000 for four events in the Cultural Celebration Series

SUMMARY
The Commission for the Arts administers the Project and Program Grant Program, including reviewing funding applications twice per year in March and September and providing funding recommendations to the City Council for final approval. In September 2024, a total of three (3) eligible applications were received for Project and Program grant funds. The Commission for the Arts and staff recommend the City Council adopt a resolution approving the execution of a Project and Program Grant Agreement with each of the following three (3) applicants: Las Positas College Foundation, Livermore Art Association, and Livermore Valley Performing Arts Center dba Livermore Valley Arts.

DISCUSSION
In 2004, the City Council created the Public Art Fund for the purpose of funding public art and cultural programming. In 2008, the City Council created the Project and Program Grant Program to provide funding from the Public Art Fund for local organizations and artists providing cultural enrichment experiences in Livermore.

The Commission for the Arts administers the Project and Program Grant Program, including reviewing funding applications twice a year in March and September and providing funding recommendations to 151
the City Council for final approval. Opportunities for funding were posted on the city website and social media. On September 1, 2024, staff received a total of three (3) eligible applications which were reviewed by an ad hoc committee of the Commission for the Arts. The committee presented its funding recommendations to the full Commission at its regular meeting on September 24, 2024. The Commission for the Arts selected all three (3) applications for funding. The three (3) recommended projects, which meet the evaluation criteria and include expenses that are eligible for funding, total $25,800 and are described below:

Agency Project Funds Requested Grant
Recommendation
Las Positas College
Foundation
2025 LPC Literary Arts
Festival
$10,000 $10,000
Livermore Art
Association
2025 Spring Arts
Program
$5,800 $5,800
Livermore Valley Arts
Cultural Celebration
Series- Diwali, Lunar
New Year, AANHPI
Celebration, Juneteenth
$10,000 $10,000
The Las Positas College Foundation's 2025 LPC Literary Arts Festival is a free, one-day, festival of local and international literary speakers, workshops, and activities located at the college and open to Las Positas College students and the community. The Livermore Art Association's 2025 Spring Arts Program is comprised of two major art shows: Spring Art Show and Essential Figure Show, which combined represent 80 years of visual art exhibits. Livermore Valley Arts' Cultural Celebration Series' second half of the season consists of Diwali: Celebration of Lights, Lunar New Year, Asian American and Native Hawaiian/Pacific Islander (AANHPI) Celebration, and Juneteenth.

FISCAL AND ADMINISTRATIVE IMPACTS
The Project and Program Grants are funded with Public Art Fee funds, which have been included in the FY 2024-25 budget. No further appropriation is needed at this time.

COMMUNITY PILLAR
4: Inclusive and Inviting Spaces and Places
GOAL
1: Further enhance Livermore's unique sense of place

ATTACHMENTS

1. Resolution

2. Exhibit A - Las Positas College Foundation

3. Exhibit B - Livermore Art Association

4. Exhibit C - Livermore Valley Arts
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Prepared by: Theresa de la Vega
Management Analyst II
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
153
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING THE EXECUTION OF PUBLIC ART

FUND PROJECT AND PROGRAM GRANT AGREEMENTS WITH LAS
POSITAS COLLEGE FOUNDATION IN THE AMOUNT OF $10,000,
LIVERMORE ART ASSOCIATION IN THE AMOUNT OF $5,800, AND

LIVERMORE VALLEY PERFORMING ARTS CENTER DBA
LIVERMORE VALLEY ARTS IN THE AMOUNT OF $10,000
The City Council created the Public Art Fund for the purpose of funding public art and cultural programming consistent with the public art policy administered by the Commission for the Arts. The Project and Program Grant Program was created by the City Council to utilize the Public Art Fund for the promotion of programs for the cultural enrichment of Livermore residents and visitors.

The Commission for the Arts reviews applications for the Project and Program Grant program twice per year, in March and in September. The Commission for the Arts received a total of three (3) applications for September 2024. Following a review of those applications, the Commission for the Arts recommends funding three (3) Project and Program applications.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LIVERMORE, AS FOLLOWS:

1. The City Council authorizes the City Manager or designee, to execute the Las Positas College Foundation Agreement in the amount of $10,000 for the 2025 LPC Literary Arts Festival, attached hereto as Exhibit A.

2. The City Council authorizes the City Manager or designee, to execute the Livermore Arts Association Agreement in the amount of $5,800 for the 2025 Spring Arts Program, attached hereto as Exhibit B.

3. The City Council authorizes the City Manager or designee, to execute the Livermore Valley Performing Arts Center dba Livermore Valley Arts agreement in the amount of $10,000 for four events in the Cultural Celebration Series, attached hereto as Exhibit C.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on November 25, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
154
RESOLUTION NO. ________
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Tara Mazzanti
Deborah L. Elam Tara Mazzanti
City Clerk Assistant City Attorney
Exhibit A – Las Positas College Foundation Agreement
Exhibit B – Livermore Art Association Agreement
Exhibit C– Livermore Valley Arts Agreement
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Project and Program Grant Agreement Page 1
Rev. 10/2023

AGREEMENT BETWEEN CITY OF LIVERMORE
AND

LAS POSITAS COLLEGE FOUNDATION
FOR FISCAL YEAR 2024-25

PROJECT AND PROGRAM GRANT AGREEMENT
This AGREEMENT, entered into this ____ day of _____________________, 2024, between the City of Livermore, a municipal corporation (“City”), and Las Positas College Foundation, a California non-profit Corporation (“Grantee”).

RECITALS
A. City created Project and Program Grants for the purpose of encouraging programs for the cultural enrichment in the City of Livermore.

B. The primary goal of the Project and Program Grant Program is to serve one or more of the main strands found in the Cultural Arts Master Plan, artsALIVE!, adopted by City Council Resolution number 2007-109 on June 11, 2007.

C. The Commission for the Arts reviews all Project and Program Grant applications and provides City Council with recommendations for funding. Funding is not authorized until City Council approves the Commission for the Arts’ funding recommendations evidenced by City’s signature on this agreement.

D. Grantee has applied to City for funding for a project or program to support the 2025 LPC Literary Arts Festival (“Project”).

E. City wishes to engage Grantee to assist City in utilizing Public Art Fee fund money to provide art projects and programs to Livermore residents.

F. City and Grantee understand that the Project and Program Grant shall be administered consistent with the procedures, standards, regulations, and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.

AGREEMENT
NOW THEREFORE, City and Grantee hereby agree that the aforementioned recitals are true and correct, and in recognition of the mutual consideration provided herein, further agree as follows:

I. SCOPE OF SERVICE
A. Activities
Grantee is responsible for administering the Project and Program Grant in a manner satisfactory to City, and consistent with the standards, terms and conditions imposed by the 2008 Art in Public Places Program Policy and Procedures Manual, Docusign Envelope ID: FFFA31A0-5D39-4147-91D9-BA97115F837D

EXHIBIT A
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Project and Program Grant Agreement Page 2
Rev. 10/2023
Cultural Arts Master Plan, and herein. The Project will include the following activities eligible under the Project and Program Grant Program: Literary Arts Festival to be held on Saturday, May 10, 2025 on the Las Positas College campus.

1. Project and Program Delivery: Grantee agrees to the goals and performance standards as defined below and outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.

2. Service Objective: support for a free, all day event of local and internationally famous literary speakers, workshops, and activities located at the Las Positas College campus for the Livermore community and Las Positas College students. Funds will support artistic personnel to staff talks, workshops, panels and marketing the event. (“Activities”).

3. General Administration: The Funds for the Activities are to be administered under the direction of the Grantee’s Executive Director and shall comply with the procedures, standards, regulations and guidelines for Project and Program Grants, including the 2008 Art in Public Places Program Policy and Procedures Manual and the Cultural Arts Master Plan.

B. Budget
City will grant, and Grantee will use, funds in the amount of $10,000 (“Funds”) to perform the Activities consistent with the terms and conditions of this Agreement, the 2008 Art in Public Places Program Policy and Procedures Manual, and the Cultural Arts Master Plan.

C. Performance Monitoring
City will monitor Grantee’s performance against the project or program description outlined in the Grantee’s Project and Program Grant application attached as Exhibit “A”.

Substandard performance as determined by City will constitute non-compliance with this Agreement.

II. TIME OF PERFORMANCE
Grantee shall complete its Activities within one year of the date of execution of this Agreement. If Grantee requires an extension of time for full performance, it may request an extension from the Commission for the Arts. The decision of the Commission for the Arts shall be final.

III. PAYMENT
It is expressly agreed and understood that the total amount of the Funds available from City to Grantee for the Activities under this Agreement shall not exceed $10,000.

The City shall disburse the Project & Program Grant in three installments: 30 percent in advance, 40 percent once material progress can be shown and evidence of the matching grant cash requirement has been submitted, and the final 30 percent after a satisfactory Final Report Docusign Envelope ID: FFFA31A0-5D39-4147-91D9-BA97115F837D

EXHIBIT A
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Project and Program Grant Agreement Page 3
Rev. 10/2023
has been filed. The Project & Program subcommittee of the Commission for the Arts has sole discretion to decide whether each of these milestones has been reached.

IV. NOTICES
Any notice required or permitted under the terms of this Agreement shall be effective upon receipt in writing either by personal service upon the authorized agent for the party, or by mailing the notice via U.S. Mail to the party as follows:

City: City of Livermore
Attn: Theresa De La Vega, Commission for the Arts Staff Liaison 1052 S. Livermore Avenue
Livermore, California 94550
Grantee: Las Positas College Foundation
Attn: Kenneth Cooper, Executive Director
V. GENERAL CONDITIONS
A. General Compliance
Grantee agrees to comply with the requirements of state and local laws and regulations governing the Funds available under this Agreement. Grantee also agrees to comply with all additional regulations and policies issued pursuant to these regulations. Grantee further agrees to utilize the Funds available under this Agreement to supplement, rather than supplant, funds otherwise available. Furthermore, with respect to the performance of Activities under this Agreement, Grantee agrees to comply with all federal, state, and local laws, statutes, rules, and regulations pertaining to the performance of those Activities.

B. Independent Contractor
Nothing contained in this Agreement is intended to, nor shall be construed in any manner to, create or establish the relationship of employer/employee between the parties.

Grantee shall at all times remain an Independent Contractor with respect to the services to be performed under this Agreement. City shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers' Compensation Insurance as Grantee is an Independent Contractor.

C. Hold Harmless
Grantee agrees to defend, indemnify, and hold City, its elected officials, officers, directors, employees, agents, and designated volunteers harmless from and against any and all loss, liability, damage, including reasonable attorney’s and expert fees and/or court costs, arising out of the performance of the Activities under this Agreement, except for the gross negligence and willful misconduct of City, its elected officials, officers, directors, employees, agents, and designated volunteers.

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D. Insurance
Grantee shall procure and maintain insurance for the duration of the contract in the amounts and under the terms set forth in Exhibit “B” against claims that may arise from or in connection with this Agreement and performance of the Project. Upon reasonable written notice, Grantee shall comply with any changes in the amounts and terms of insurance as may be required from time-to-time by the City of Livermore Risk Manager.

E. City Recognition
Grantee shall acknowledge City’s financial support in all appropriate materials and media. The acknowledgment shall read, “Supported in part by a grant from the City of Livermore” or similar language, unless the City of Livermore is a part of a list of supporters. In the latter case, the acknowledgement may say only “City of Livermore.” Grantee shall display the City of Livermore’s logo whenever other sponsor logos are displayed, and in accordance with the City of Livermore’s logo use guidelines.

F. Amendments
City or Grantee may amend this Agreement at any time provided such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations. Such amendments shall not invalidate this Agreement, nor relieve or release City or Grantee from its obligations under this Agreement.

City may, in its discretion, amend this Agreement to conform with state or local laws, regulations, guidelines, or policies related to the use of the Funds for the Activities. However, if such amendments result in a change in the funding, the scope of services, or the Activities, such modifications shall be incorporated only by written amendment signed by both City and Grantee.

G. Suspension, Termination, Return of Funds

1. Termination for Cause. City may suspend or terminate this Agreement if Grantee materially fails to comply with any term or condition of this Agreement, including but not limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statues, regulations, policies, or directives as may become applicable at any time;
b. Failure, for any reason, of Grantee to fulfill in a timely and proper manner its obligation under this Agreement;
c. Ineffective or improper use of Funds provided under this Agreement; or d. Submission by Grantee to City reports that are incorrect or incomplete in any material respect.

City shall give Grantee written notice of any failure to comply with the Agreement.

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after the date the notice is sent, City may exercise any of the remedies available under law and equity, including but not limited to the termination of this Agreement.

Pending correction of any compliance, City shall withhold fifteen percent (15%) of the remaining Agreement Funds until Grantee corrects the deficiency, Grantee is otherwise found to be in compliance by City, or Grantee is otherwise adjudicated to be in compliance with the Agreement.

2. Termination for Convenience: This Agreement may also be terminated for convenience by either City or Grantee, in whole or in part, by giving notice of such termination, the effective date of the termination, and in the case of partial termination, the portion to be terminated. However, if in the case of a partial termination, if City determines that the remaining portion of the Funds or Activities will not accomplish the purpose for which the award was made, City may terminate the Agreement in its entirety.

Written notice of termination must be provided at least thirty (30) calendar days before the effective date of such termination.

3. Effect of Termination: In the event of termination, all finished or unfinished documents, data, studies, photographs, reports, or other materials prepared by Grantee under this Agreement shall, at City r’s option, become the property of City, and Grantee shall only be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Any remaining Funds shall be returned to the City’s Public Art Fund for reallocation.

Termination for failure to comply with any term or condition of this Agreement may result in Grantee becoming ineligible to participate in future Commission for the Arts grant programs.

Termination for any reason shall immediately suspend the Funds available under this Agreement, terminate any claim Grantee has to such Funds, and result in Funds being immediately refunded to City for use and reallocation by City.

VI. ADMINISTRATIVE REQUIREMENTS
A. Documentation and Recordkeeping

1. Records to be Maintained: Grantee shall maintain the following records including, but not limited to:
a. Records providing a full description of each activity undertaken and the date(s) on which the activity occurred;
b. Records demonstrating that each activity undertaken meets one of the objectives of the Program & Program Grant; and
c. Quarterly and annual revenue and expense reports for Activities funded by this Agreement.

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2. Retention: Grantee shall retain all records pertinent to expenditures incurred in the performance of the Activities under this Agreement for a period of two (2) years after the termination of all activities funded under this Agreement.

3. Objectives: Grantee agrees to maintain documentation that demonstrates that the Activities meet one or more of the objectives of the strands identified in the Cultural Arts Master Plan.

4. Audits and Inspections: All Grantee records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.

Any deficiencies noted in audit reports must be corrected by Grantee within thirty (30) calendar days after receipt of notice of deficiency by Grantee. Failure of Grantee to comply with the above audit requirements will constitute a violation of this Agreement and constitute cause for termination pursuant to Paragraph V.

B. Reporting and Payment Procedures

1. Payment Procedures: City will pay to Grantee Funds available under this Agreement based upon information submitted by Grantee, and consistent with the 2008 Art in Public Places Program Policy and Procedures Manual. City reserves the right to liquidate Funds available under this Agreement for costs incurred by City on behalf of Grantee.

2. Progress Reports: Grantee shall submit a Material Progress Report to the Commission for the Arts when it feels the Project has made material progress. Grantee shall also submit a Final Report when its Project Activities are complete. These reports are prerequisites to receiving the second and third grant installment payments, in accordance with Section III. The Grantee shall determine the form and content of the Progress Reports.

3. Quarterly Revenue and Expense Reports: Grantee shall submit Quarterly Revenue and Expense Reports for grant activities to the Community Development Director.

VII. PERSONNEL AND PARTICIPANT CONDITIONS
A. Assignability
Grantee shall not assign or transfer any interest in this Agreement without the prior written consent of City. However, claims for money due or to become due to Grantee from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to Grantee.

B. Conflict of Interest
Grantee agrees to abide by the provisions of the California Political Reform Act (Gov.

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respect to conflicts of interest, and covenants that it presently has no financial interest, and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the Activities under this Agreement.

Grantee further covenants that in the performance of this Agreement, no persons who exercise or have exercised any functions or responsibilities with respect to the Activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such Activities, have a financial interest in any contract, subcontract or agreement with respect to the Activities or with respect to the proceeds from the Activities, either for themselves or those with whom they have a business or immediate family ties, during their tenure or for a period of one (1) year thereafter.

These conflict of interest provisions apply to any person who is an employee, agent, Grantee, officer, or elected or appointed official of Grantee.

C. Subcontracts

1. Approvals: Grantee shall not enter into any subcontracts with an agency or individual in the performance of this Agreement without the prior written consent of City.

2. Monitoring: Grantee will monitor all subcontracted services to assure Agreement compliance. Results of monitoring efforts must be summarized in written reports, and supported with documented evidence, of follow-up actions taken to correct areas of noncompliance.

3. Content: Grantee shall cause all of the provisions of this Agreement in its entirety to be included in, and made a part of, any subcontract executed in the performance of this Agreement.

D. Copyright
If this Agreement results in any copyrightable material, City reserves the right to royaltyfree, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use and to authorize others to use, the work for government purposes.

E. Religious Organization
Grantee agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization.

VIII. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.

IX. WAIVER
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City’s failure to act with respect to a breach by Grantee does not waive its right to act with respect to subsequent or similar breaches. The failure of City to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.

X. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between City and Grantee for the use of Funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between City and Grantee with respect to this Agreement.

XI. BINDING EFFECT
All the terms, covenants, and conditions of this Agreement shall inure to the benefits of and be binding upon successors and assigns of the parties to this Agreement.

XII. COUNTERPARTS
This Agreement may be executed in counterparts by delivering a facsimile or secure electronic copy of the signed agreement to the other party, followed by delivery of the original documents bearing the original signatures. However, failure to deliver the original documents does not affect the enforceability of this Agreement.
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IN WITNESS THEREOF, the Parties have executed this Agreement as of the date first written above.

Las Positas College Foundation
a California non-profit corporation
“Grantee”
By:___________________________ Dated:____________________________ Kenneth Cooper
Executive Director

CITY OF LIVERMORE
a Municipal Corporation
“City”
By:__________________________ Dated:____________________________ Brandon Cardwell
Innovation and Economic Development Director
APPROVED AS TO FORM:
______________________________

DEPUTY/ASSISTANT/CITY ATTORNEY
Attachments:

Exhibit A Application for Project and Program Grant from the City of Livermore Exhibit B Insurance Requirements
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