STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
GRANTEE NAME: City of Merced
PROJECT TITLE: My City Mentoring Project- Transportation for Outdoor Recreation AUTHORITY: Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64) PROGRAM: Youth Community Access Program
AGREEMENT NUMBER: YA2171-0
PROJECT PERFORMANCE PERIOD: 4/1/2024 to 11/30/2024
Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope set forth in Exhibit A and any subsequent amendments, and the State of California, acting through the Natural Resources Agency. agrees to fund the project up to the total grant amount indicated pursuant to Revenue and Taxation Code section 34019(f)(1), as added by the Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64).
PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement Total State Grant not to Exceed $102,764.00 (or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement.
STATE OF CALIFORNIA
CITY OF MERCED NATURAL RESOURCES AGENCY
By: By:
Scott McBride Andrea Scharffer
Title: City Manager Title: Deputy Assistant Secretary, Bonds & Grants Date: Date:
CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATE FUNDING AGREEMENT NO. FUND
$102,764.00 YA2171-0 3350 - Cannabis Tax 3 Health Care Services ADJ. INCREASING ENCUMBRANCE FISCALPO NO.
ADJ DECREASING ENCUMBRANCE FUNCTION
Local Assistance
UNENCUMBERED BALANCE REF NO. FUND ENACTMENT YEAR ACCOUNT NO. ALT ACCOUNT 630 3350 2017 5432000 5432000000
PROGRAM PCBU PROJECT ACTIVITY RPG STRUCTURE SUC LOCATION AGENCY USE BUDGET PERIOD 0320 0540 0540YA21710 31764 05402001 31764 N/A 2021
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.
SIGNATURE OF ACCOUNTING OFFICER DATE
Agreement No. YA2171-0
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
GRANTEE NAME: City of Merced
PROJECT TITLE: My City Mentoring Project-Transportation for Outdoor Recreation AGREEMENT NUMBER: YA2171-0
AUTHORITY: Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64) PROGRAM: Youth Community Access Program
PROJECT DESCRIPTION
Project to acquire two clean vehicles to conduct the My City Mentoring project to support a mentoring program for at-risk youth for camping, hiking, fishing, birding, observation, and conversation activities.
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 a clean vehicle acquisition project to increase youth access to natural or cultural resources in accordance with the provisions contained in the Youth Community Access Program Guidelines and this Agreement.
TERMS AND CONDITIONS OF GRANT
Special Provisions
1. Recipients of Grant Funds shall acknowledge the source of the funds pursuant to the Application Guidelines. Size and location of acknowledgment shall be approved by the State. All materials produced with grant funds shall include acknowledgement of grant funding. The State shall have the right to republish any material generated by this grant.
2. Prior to the release of any vehicle acquisition funding, Grantee shall provide to the State for review and approval vehicle specifications demonstrating compliance with program requirements.
General Provisions
A. Definitions
1. The term "Act" means Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64).
2. The term "Agreement" means this Grant Agreement
3. The term "Application" means the individual application form, its required attachments for grants pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant to the Natural Resources Agency prior to award.
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4. The term "Application Guidelines" means the Youth Community Access Program Guidelines.
5. The term "Grant" or "Grant Funds" means the money provided by the State to the Grantee in this Agreement.
6. 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.
7. The term "Grantee" means an applicant who has a signed agreement for Grant Funds.
8. 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.
9. The term "Payment Request Form" means Form RA212.
10. The term "Project" means the clean vehicle acquisition described in the application as modified by Exhibit A to be accomplished with Grant Funds.
11. The term "Project Budget" means the State approved cost estimate included as an Exhibit to this Agreement.
12. The term "Project Scope" means the description or activity for work to be accomplished by the Project.
13. The term "Public Agency" means any State of California department or agency, a county, city, public district, or public agency formed under California law.
14. The term "State" means the Secretary for Natural Resources or his/her representatives, or other political subdivision of the State.
15. The term "Clean Vehicle" means a vehicle that uses technology to replace or reduce the direct use of fossil fuels, which generate greenhouse gas emissions.
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 the 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 March 1, 2026.
Agreement No. YA2171-0
4. 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, environmental laws, health and safety codes, disabled access laws, and all applicable permits and appropriate level of drivers' licenses will have been obtained.
5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.
6. Grantee shall provide access to 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.
7. 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.
8. If a nonprofit organization, Grantee certifies the corporation is qualified under Section 501 (c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of State, and is current with the Attorney General's Registry of Charitable Trusts. Failure by the Grantee to remain in compliance with these nonprofit requirements may be cause for suspension of all obligations of the State hereunder and termination of this Agreement.
C. Project Costs
1. Unless otherwise agreed upon, Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs on a reimbursement basis as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:
a. Approved costs attributed to the project. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. c. Advance payments may be made at the discretion of the State. d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.
e. Overhead costs are limited to a maximum of 15% of total direct costs.
2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form.
This form must be accompanied by an itemized list of all expenditures that clearly
Agreement No. YA2171-0
documents the check numbers, dates, recipients, line-item description as described in the Project Budget approved by the State, and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made. b. Any payment request that is submitted without the required itemization and documentation will not be authorized. 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. 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 items) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (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 contingency and overhead costs as described in the Application Guidelines.
D. Project Administration
1. Grantee shall promptly provide Project reports 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 is encouraged to share photographs and other media demonstrating the benefits of the grant with the State. Unless the Grantee states otherwise, the State will assume that it is permissible to use photographs and other media (including photographs of children and other vulnerable populations) shared by Grantee with the State for publicity and education by the State. The Grantee shall consider issues of copyright, consent, and privacy before sharing media with the State.
3. Grantee shall make the clean vehicle acquired pursuant to this agreement available for inspection upon request by the State.
4. If applicable, 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.
5. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interest- bearing account, setting up and identifying such account prior to the advance. 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
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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.
6. Grantee shall submit all documentation for Project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than March 1, 2026.
7. Final payment is contingent upon State verification that the Project is consistent with the Project Scope as described in Exhibit A, together with any State approved amendments.
8. 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.
9. Grantee must report to the State all sources of other funds for the Project.
E. Project Termination
1. Prior to the completion of the Project, 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 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. The State may also terminate this Grant Agreement for any reason at any time if it learns that the Grantee made false representations during the evaluation process, either knowingly or because Grantee failed to act reasonably. This can include, but is not limited to, identifying conditions or uses at the site that would otherwise be inconsistent with the purposes of the award or would have deemed the project less competitive. The State reserves the right, in such cases, to require Grantee to repay any amounts already expended.
2. 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, but only up to the undisbursed balance of funding authorized in this Agreement.
If the Grantee fails to complete the Project in accordance with this Agreement or fails to futill 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.
4. 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.
Agreement No. YA2171-0
5. Failure by 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.
6. Because the benefit to be derived by the State from the full compliance by the Grantee with the terms of this Agreement is 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
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 indemnity, 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, 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.
Agreement No. YA2171-0
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.
H. Use of Clean Vehicle
1. The clean vehicle may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, 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. If sold after the useful life of the vehicle, Grantee shall invest any proceeds from the sale of the vehicle for the purposes to support youth access to natural or cultural resources, including but not limited to, buying a new clean vehicle to support such programming.
2. Grantee shall maintain, operate, and use the clean vehicle in fulfilment of the purpose funded pursuant to this Grant for a minimum of eight (8) years consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee's successor in interest in the clean vehicle may assign without novation the responsibility to maintain and operate the clean vehicle in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the clean vehicle only upon the written approval of the State for good cause. "Good cause" includes, but is not limited to, natural disasters that damage the vehicle and render the use obsolete.
3. Grantee shall use the clean vehicle for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the clean vehicle.
4. If the use of the clean vehicle is changed to a use that is not permitted by the Agreement or if the clean vehicle 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 clean vehicle, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the clean vehicle sold or otherwise disposed of is less than the value 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.
5. The Grantee shall not use or allow the use of any portion of the clean vehicle as security for any debt.
1. 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
Agreement No. YA2171-0
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 shail 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.
3. The Project shall be available to members of the public generally.
J. Drug-Free Workplace
The Grantee's signature on this Agreement constitutes the certification required by Government Code Section 8355 (Drug-Free Workplace Act of 1990), which requires that all state grantees provide a drug-free workplace by doing all of the following:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying actions that will be taken against employees for violations of the prohibition.
2. Establishing a drug-free awareness program to inform employees about all of the following a. The dangers of drug abuse in the workplace.
b. The person's or organization's policy of maintaining a drug-free workplace. c. Any available drug counseling, rehabilitation, and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations.
3. Requiring that each employee engaged in the performance of the grant be given a copy of the drug-free workplace statement and that, as a condition of employment on the grant, the employee agrees to abide by the terms of the statement.
4. Grantees must conduct criminal background checks pursuant to Section 11105.3 of the Penal Code for all employees, administrators, and volunteers working directly with children.
K. 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.
L. 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.
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M. 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.
N. 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 Deputy Assistant Secretary for Bonds and Grants for the Natural Resources Agency. 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 Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary's decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.
2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary'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 Deputy Assistant Secretary. The Grantee's letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary's written decision. The Assistant Secretary 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 Assistant Secretary 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.
EXHIBIT A
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
Youth Community Access Program
Control, Regulate, and Tax Adult Use of Marijuana Act (Proposition 64) GRANTEE NAME: City of Merced
PROJECT TITLE: My City Mentoring Project- Transportation of Outdoor Recreation AGREEMENT NUMBER: YA2171-0
PROJECT SCOPE:
VEHICLE STORAGE LOCATION: Merced City Hall, 768 18'h Street, Merced, CA 95340 Project to acquire two clean vehicles to conduct the My City Mentoring to support a mentoring program for at-risk youth for camping, hiking, fishing, birding, observation, and conversation activities at the San Luis National Wildlife Refuge, Merced National Wildlife Refuge, and Yosemite National Project elements funded by Youth Community Access grant:
• Acquire two clean vehicles for youth programming, including 2 funding acknowledgement PROJECT SCHEDULE:
ACTIVITY DESCRIPTION TIMELINE
(MONTH AND YEAR RANGE)
Submit vehicle specifications to State demonstrating April 2024-June 2024 compliance with program requirements for review and
approval
Acquire vehicle August 2024 2024
Install funding acknowledgement signs on vehicles September 2024 Submit project closeout package with final Payment Request November 2024 to State
COST ESTIMATE: See Exhibit A-l
EXHIBIT A1 COST ESTIMATE
GRANTEE City of Merced
PROJECT NAME: My City Mentoring Project-Transportation for Outdoor Recreation GRANT NUMBER: YA2171-0
TOTAL YCA GRANT
1. VEHICLE ACQUISITION
1.12 Clean Vehicles 92,288 $ 92,288
1.2 Funding Acknowledgement $ 200$ 200
Subtotal Task 2 $ 92,488$ 92,488
Contingency (not to exceed 10%) 10,2765 10,276
GRAND TOTAL $ 102,764 $ 102,764
*Grantee staff labor must be computed on actual time worked on the project and evidenced by time and attendance records describing the work performed. Only salary plus benefits are eligible. No indirect rates or overhead cost may be folded into the hourly rate. In-service payroll may not include a "billable rate" or administrative cost allocation. *Overhead costs are allowable and limited to 15% of total direct costs of the grant. *All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.
APPROVED AS TO FORM:
Saig Cornwell
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