Sacramento City Council
January 25, 2022

Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org

File ID: 2021-01337 January 25, 2022 Consent Item 05

Title: Acceptance of California Natural Resources Agency Grant for Planting Justice Project

Location: District 5

Recommendation: Adopt a Resolution: 1) accepting $2 million in state grant funding provided through the California Natural Resources Agency for the Planting Justice Project; 2) making required certifications; and 3) appointing the City Manager or the City Manager’s designee as agent to conduct all negotiations and execute and submit all documents required to complete the Planting Justice Project.

Contact: Amanda Wallace, Development Project Manager, (916) 808-5453, [email protected], Office of Innovation and Economic Development; Leslie Fritzsche, Economic Investment Manager, (916) 808-5450, [email protected], Office of Innovation and Economic Development; Jennifer Venema, Climate Action Lead, (916) 808-1859, [email protected] Office of the City Manager, Consuelo Hernandez, Director of Government Affairs, (916) 808-7395, [email protected] Office of the City Manager.

Presenter: None

Attachments:
1-Description/Analysis
2-Resolution
3-Exhibit A to Resolution - Project Information Form
4-Exhibit B to Resolution - California Department of Natural Resources Procedural Guide for Projects
5-Project Information Package

File ID: 2021-01337 Consent Item 05
January 25, 2022
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City of Sacramento

Description/Analysis

Issue Detail: The State of California has awarded $35,298,984 to the City of Sacramento in grant funds for various City and community projects through Senate Bill (SB) 170, Chapter 240, which makes appropriations for the support of local government programs. The funding includes allocations for projects to be implemented by the City as well as allocations that will be provided to non-profit organizations for their use. On October 12, 2021, the City Council adopted Resolution 2021-0301, which authorized the City Manager or his designee to accept the $35,298,984 for the projects and to take the necessary budget actions to account for the funds.

Included among the projects in Resolution 2021-0301 is the Planting Justice Project (Project), which is a City-managed project that is located at the former City tree nursery site at 3439 39th Street adjacent to Mangan Park. The $2 million in grant funding that the state approved for the Project is being administered by the California Natural Resources Agency (Agency). As a condition of receiving the grant funds, the Agency requires the City Council to adopt a resolution, using the Agency’s template, that does the following: accepts the grant funding; makes required certifications; and appoints the City Manager or the City Manager’s designee as agent to conduct all negotiations and execute and submit all documents required to complete the Project.

Policy Considerations: SB 170 enumerates funding for several programs for the City, either as a City-managed project, or to be passed through to specific local non-profit organizations. This funding will enable the City to implement new projects or improve existing City facilities, enhancing community livability, improving public health and safety, and responding to the needs and interests of residents. The Planting Justice Project is one of those projects and is consistent with the City’s General Plan Goals in the areas of Education, Recreation, and Culture, as well as the recent work for food justice and increased food access.

Economic Impacts: None

Environmental Considerations: Acceptance of the grant funds is not a project that is subject to CEQA because it is an administrative activity and relates to government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (CEQA Guidelines § 15378(b)(2) and (b)(4)). While the grant funds are generally committed to activate the former City tree nursery, the proposed activities require review and approval of discretionary entitlements and do not commit the City to such approvals of such entitlements. CEQA review will be conducted as part of the entitlement process.

File ID: 2021-01337 Consent Item 05
January 25, 2022
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City of Sacramento

Sustainability: The Project has been reviewed for consistency with the goals, policies, and targets of the City’s Sustainability Master Plan (SMP), the City’s Climate Action Plan, and the 2035 General Plan. The Project will advance the goals, policies, and targets of these plans by improving the health of residents through access to a diverse mix of wellness and recreation activities and maintain well-structured neighborhoods that meet the community’s needs for high-quality living environments.

Commission/Committee Action: None

Rationale for Recommendation: The Project will activate the vacant former City tree nursery in ways that will support the community by bringing a vegetable/herb/flower farm and a production nursery for the existing organic plant nursery operated by Planting Justice, a California nonprofit corporation and the lessee of the tree nursery. The Project will provide much needed food access and workforce opportunities for lower income youth and formerly incarcerated individuals.

The Planting Justice organization has a proven track record with its operation in Oakland and the Sacramento site will be an expansion of its efforts. The retail component will provide needed funding to sustain the operations to ensure longevity of this community asset.

Financial Considerations: The Legislature has allocated specific funding for City and community projects (SB 170). Some of the projects will be managed by the City and some of the projects will be a pass-through to non-profit agencies. The Project is a City- managed project that has been identified to receive funding. The state has designated the Agency as the lead state agency that will distribute the $2 million in funding. As part of the requirements for the funding, the City is required to adopt the Agency’s standard resolution accepting the funds (attachment 2), including the Project Information Form attached as Exhibit A to the resolution (attachment 3).

The City will be required to follow the Agency’s Procedural Guide for General Fund Specified Planning and Grant Projects included as Exhibit B to the resolution (attachment 4), which requires the City to submit a Project Information Package in a form substantially similar to the package included as attachment 5 to this staff report. Staff will be required to maintain all financial records, provide periodic progress reports and invoicing to the Agency.

Local Business Enterprise (LBE): None

Background: In 2019 and 2020, the City solicited proposals from interested parties to lease and manage all or a portion of the City’s former tree nursery site as a multi-use hub for

File ID: 2021-01337 Consent Item 05
January 25, 2022
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agricultural, workforce development, and related purposes. The City has explored opportunities through community meetings and release of a Request for Information (RFI) in May 2019 (Bid#: I19151131037) and a Request for Proposals in August 30, 2019 (Bid#:

P202015113006). A primary goal for this project is successful activation of the site with strong community engagement while advancing inclusive economic growth, particularly as it relates to workforce development, small business, entrepreneurship, and innovation.

RFP responses were evaluated by a review panel consisting of a diverse team of City staff and a community representative. As a result of the evaluation process, the City interviewed two RFP respondents. Following interviews, the City review panel made a unanimous choice to offer the site to the partnership led by Planting Justice, which is a nonprofit corporation based out of Oakland, California. Planting Justice teamed with local urban agriculture leaders Yisrael Family Urban Farm based out of South Oak Park, and Three Sisters Gardens based out of West Sacramento. In the initial phase, Planting Justice and Three Sisters will take the lead in developing the site, with later phases supporting the development of the commercial kitchen and value-added retail component phase.

The City entered into an Exclusive Right to Negotiate agreement with Planting Justice in December 2019, for purposes of finalizing a lease. In July 2020, the City and Planting Justice entered into a lease agreement for an initial three-acres of the undeveloped portions of the site. As additional funds are raised to upgrade the existing buildings, the lease will be amended to allow for full project buildout by Planting Justice and local partners. On January 12, 2022, The City and Planting Justice extended the lease to June 30, 2022, and the City approved Planting Justice’s sublease of a part of the site to Three Sisters Gardens, a California nonprofit corporation.

Together, these nonprofits propose to transform the former City tree nursery site into what will become a nationally significant center for urban agriculture, social entrepreneurship, multi- faceted biodiversity, youth mentorship, and farmer training. The site will support a vegetable/herb/flower farm led by Three Sisters Gardens and a production nursery for Planting Justice’s existing organic plant nursery, which includes one of the largest collections of certified organic fruit trees in North America boasting over 1,200 varieties. A future phase includes a commercial kitchen and value-added agricultural retail component. The goals of this coalition are to create living-wage green jobs, youth employment opportunities, urban agriculture on-boarding and training, and a variety of educational opportunities for sustainability and health, and healthy food access for years to come. The Project will also include a local farm stand and opportunities for local community access and engagement. A major focus of the project is to advance equity in Sacramento through living wage jobs, food security, and education and training.

File ID: 2021-01337 Consent Item 05
January 25, 2022
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City of Sacramento

In August 2021, Assemblymember Jim Cooper secured $2 million from the State budget to fund construction and early operation of the Project. This funding is expected to become available in early 2022. In the meantime, Planting Justice is seeking the necessary entitlements. Construction of the farm and production nursery is anticipated in early 2022, with first harvests of organic produce expected in summer 2022 Raley’s has already contributed $40,000 to the effort and these funds will be used for initial operations.

The $2 million in grant funding will be used for capital improvements including irrigation, planting beds, and shade structures, as well as operational needs to activate the site. The City intends to negotiate an agreement with Planting Justice to give it access to the grant funds to help implement Planting Justice. Any such agreement would include a detailed budget and timeline for the project and will require City Council approval.

RESOLUTION NO.

Adopted by the Sacramento City Council

APPROVING THE ACCEPTANCE OF $2,000,000 IN STATE OF CALIFORNIA GENERAL

FUND GRANT FUNDS FOR THE PLANTING JUSTICE PROJECT

BACKGROUND

A. The Legislature and Governor of the State of California have approved a grant for the project shown above; and
B. The California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and C. Said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of the Project Information Package before submission of said package tto the State; and
D. The Grantee will enter into an agreement with the State of California for subject project.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:

Section 1. The City Council approves the acceptance of general fund allocation for local assistance for the above project(s); and
Section 2. The City Council certifies that said agency understands the assurances and certification in the Project Information Form, which is included as Exhibit A and is a part of this resolution; and
Section 3. The City Council certifies that said agency will have sufficient funds to develop, operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; and
Section 4. The City Council certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code.

Section 5. If applicable, the City Council certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.

Section 6. The City Council certifies that said agency has reviewed and understands the General Provisions contained in the Project Agreement shown in the Procedural Guide, which is included as Exhibit B and is a part of this resolution; and Section 7. The City Council appoints the City Manager or the City Manager’s designee as agent to conduct all negotiations, execute and submit all documents including, but

not limited to Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

Table of Contents:

Exhibit A – Project Information Form
Exhibit B – Procedural Guide

PROCEDURAL GUIDE

FOR GENERAL FUND SPECIFIED

PLANNING GRANT PROJECTS

Bonds & Grants Office
715 P Street, 20th Floor
Sacramento, CA 95814
(916) 653-2812
www.resources.ca.gov/grants

TABLE OF CONTENTS
Page
A. INTRODUCTION 1
B. GENERAL GRANT INFORMATION, TERMS AND REQUIREMENTS 2
C. PROJECT ADMINISTRATION 3
D. PROJECT INFORMATION PACKAGE CHECKLIST 4
E. PROJECT INFORMATION PACKAGE - WHAT TO SUBMIT 5
F. PROJECT INFORMATION FORM 6
G. PROJECT SUMMARY 7
H. AUTHORIZING RESOLUTION TEMPLATE 8
I. SAMPLE COST ESTIMATE FORM 9
J. SAMPLE PROJECT TIMELINE 10
K. ENVIRONMENTAL COMPLIANCE 11
L. PAYEE DATA FORM 12
M. PAYMENT REQUEST INSTRUCTIONS 14
N. AUDIT AND ACCOUNTING REQUIREMENTS 16
O. SAMPLE GRANT AGREEMENT 18

1 A. I NTRODUCTION
This guide governs the administration of appropriations made to the California Natural Resources Agency (Agency) for specified projects. Enclosed are items that make up a P roject Information Package, a Grant Agreement template, and a resolution template, payment instructions and resources. The completed Project Information Package provides a means to define projects for grant funding as well as to specify its authorized representative delegated to sign all documents to be submitted to the California Natural Resources Agency.

Project Information Package documents should be completed, signed, and emailed to the Bonds and Grants Unit Grant Administrator.

2 B. G ENERAL GRANT INFORMATION, TERMS AND REQUIREMENTS Grant Agreement - Funds will not be disbursed until there is a fully executed A greement between the California Natural Resources Agency (Agency) and the grantee. Expenditures made prior to the effective date of the appropriation will not be reimbursed.

Grant Period - Agreements for funds approved by the Legislature must be executed within the period of availability provided in the state budget. Funds must be expended, and all invoices received by March 1, 2026, unless otherwise specified in the FY 21/22 Budget Act.

California E nvironmental Quality Act (CEQA) Compliance - As applicable, grantees must identify their CEQA compliance status. Grantees must receive CEQA approval for the proposed project prior to construction or be exempt from CEQA. Proper documentation of CEQA compliance will be required as part of the information package.

Required Approvals - The grantee must certify that all approvals (including, but not limited to, local permitting requirements, and/or rules from local agencies) required for the project, will be obtained.

Reporting Requirements - G rantees may be r equired to sub mit quarterly progress reports detailing progress on the project to date.

Financial Management and Grant Administration Requirements - It is the responsibility of all grantees to ensure appropriate stewardship of S tate grant funds. Each grantee must maintain financial management systems that provide accurate, current, and complete disclosure of the financial activities of the grant-funded project. To meet this requirement, grantees must maintain adequate accounting practices and procedures, internal controls, and audit trails.

Grant Agreement and Invoicing – In general, this is a reimbursement -based grant and expenses are incurred and paid for prior to the submission of invoices to Agency. Upon request however, advances are allowed to assist in cash flow. The amount of the advances will be determined based on need. Once an advance is reconciled, Grantee may seek another. Once an executed Grant Agreement is in place, grantees may invoice for expenses on a regular basis, but not more frequently than once a month. Generally, grantees will receive reimbursement within 6-8 weeks of submitting a properly completed invoice. Grantees are advised to maintain adequate funds to cover project costs prior to reimbursement . Ten percent of each payment request is retained until project completion.

3 C. PROJECT ADMINSTRATION
Process after Designation of Grant Award by Legislature

1. Grantee completes and submits Project Information Package (Package) to Agency.

2. Agency reviews Package and, if the proposed project scope meets th e legislative intent, develops a Grant Agreement with the Grantee. Agency sends a Grant Agreement to Grantee for signature.

3. Grantee returns signed Grant Agreement to Agency.

4. Agency returns a fully executed Grant Agreement to Grantee.

5. Grantee submits periodic progress reports and periodic reimbursement requests for eligible expenses, subject to retention. (See Section M Payment Request Instructions.)

6. Grantee completes project and submits Project Completion Package.

7. The state may perform audits, as frequently as annually during the course of the project, and for 4 years after the project is completed.

Project Withdrawal
If a grantee fails to submit a Project Information Package for its allocated amount or otherwise elects not to use its allocation, the allocation will be lost to that grantee. In the event an approved project cannot be completed, and if grant funds were advanced, those funds plus any accrued interest must be returned to the State within 30 days.

Changes to Approved Project
A Grantee wishing to change an approved project shall submit the proposed change in writing to Agency for approval. Any change must be consistent with the authorizing legislation.

Time Extensions
A request for a time extension and its justification must be submitted to the State for approval.

4 D. PROJECT INFORMATION PACKAGE CHECKLIST
Grantee sends the completed Project Information Package to Agency. Grantee should keep a complete copy of the Project Information Package for future use and reference.

Provide the package in the order shown in the following checklist.

Required Documentation Page
☐ Project Information Package Checklist (this page) 4
☐ Project Information Form 6
☐ Project Summary 7
☐ Authorizing Resolution 8
☐ Cost Estimate 9
☐ Project Timeline 10
☐ Environmental Compliance Documents (if applicable) 11 ☐ Payee Data Form (Std. 204) 12

5 E. PROJECT INFORMATION PACKAGE - WHAT TO SUBMIT

1. Project Information Form - Fill out as follows:
a. Grantee: The grantee is the organization that takes formal responsibility and assumes liability for the project. All correspondence regarding the administrative process will be sent to the day-to-day contact person listed for the grantee. b. Project: Provide the title of your project.
c. District Information: List the district numbers for the Congressional, State Senate, and State Assembly districts in which the project is located. d. CEQA Status: Indicate the environmental compliance status of your project by checking the applicable box in this section.
e. Site Control/Land Tenure: Indicate how the Grantee will satisfy site control by checking the applicable box.
f. Individual authorized in the Resolution must sign the certification at the bottom of the page.

2. Project Summary - Provide a one-page overview of the project.

3. Authorizing Resolution - Provide a signed resolution from the governing board, providing authorization to accept the general fund allocation for local assistance. Follow the template included in this guide.

4. C ost Estimate – Provide a cost estimate reflecting all costs associated with the project.

Projects using in-house services must also detail the labor, materials , and equipment costs as separate line items. (See Section I for a sample format.)

5. Project Timeline - Provide the timeline for key milestones and estimated date ranges of accomplishments. (See Section J for a sample format.)

6. CEQA Compliance - Grantees must demonstrate CEQA compliance, as applicable. If completed, provide with package. (See Section K Environmental Compliance.)

7. Payee Data Record - Fill in sections 1-5. (See Section L Payee Data Record Form.)

6 F. PROJECT INFORMATION FORM
Project Name Estimated Date of Completion: Enter date
Enter project name Grant Amount: $Enter amount
Estimated Total Project Cost: $Enter amount
(State grant, other funds, and in-kind)
Grantee Name (with mailing address) County Nearest City/Town Enter name Check one: Enter county Enter city/town
Enter address ☐ Nonprofit Project Address (or nearest cross street) Enter address ☐ Local Agency Enter address
☐ State Agency Enter address
Senate Dist. Assembly Dist. US Congressional Dist.

Enter number Enter number Enter number
Grantee’s Representative Authorized in Resolution (Signature required at bottom of this page) Name: Enter name Title: Enter title
Phone: Enter telephone number Email: Enter email
Project Manager – Person with day to day responsibility for project (if different from authorized representative) Name: Enter name Title: Enter title
Phone: Enter telephone number Email: Enter email

Brief Description of Project Latitude Longitude
(Summarize major activities to be funded by this Grant) Enter data Enter data Enter brief project description
CEQA/Environmental Requirements
☐ Exempt per CEQA Guidelines § Enter section
Attach filed Notice of Exemption.
☐ CEQA completed.

Attach fled Notice of Determination, Negative
Declaration, or Mitigated Negative Declaration
☐ CEQA is not complete.

Site Control/Land Tenure (check the box that applies) Attach draft Initial Study with checklists. ☐ Grantee owns the property. ☐ CEQA does not apply under Code § Enter section ☐ Grantee leases the property – Term End: Enter date
☐ Grantee owns an easement on the property.
☐ Grantee has an MOU with the property owner.

I certify that the information in this Project Information Form, including all attachments, is complete and accurate.

Signed: Enter date
Grantee’s Authorized Representative as shown in Resolution Date Enter name Enter title Designee? ☐ Yes ☐ No

Print Name

Title

(If yes, attach letter of designation
from authorized representative.)

7 G. PROJECT SUMMARY
With your Project Information Package, submit a one-page summary that provides a description of the proposed project.

Grantees must comply with all current laws and regulations which apply to the Planning Project, including, but not limited to, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that, prior to commencement of project , all applicable permits, and licenses (e.g., state contractor’s license) will have been obtained.

8 H. AUTHORIZING RESOLUTION TEMPLATE
Resolution No.______________________
RESOLUTION OF (Governing Body))

APPROVING THE ACCEPTANCE OF GENERAL FUND GRANT FUNDS FOR ______________________________ (Title of Project)
WHEREAS, the Legislature and Governor of the State of California have approved a grant for the project shown above; and
WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of the Project Information Package before submission of said package to the State; and
WHEREAS, the Grantee will enter into an agreement with the State of California for subject project(s):

NOW, THEREFORE, BE IT RESOLVED that the _____________________ (Governing Body)

1. Approves the acceptance of general fund allocation for local assistance for the above project(s); and

2. Certifies that said agency understands the assurances and certification in the Project Information Form; and

3. Certifies that said agency will have sufficient funds to develop/complete the planning project(s) or will secure the resources to do so; and

4. Certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code.

5. If applicable, certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.

6. Certifies that said agency has reviewed and understands the General Provisions contained in the Project Agreement shown in the Procedural Guide; and

7. Appoints the ______________ (designated position, not person occupying position) as agent to conduct all negotiations, execute and submit all documents including, but not limited to Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s).

Approved and adopted the ___ day of _______20_. I, the undersigned, hereby certify that the forgoing Resolution Number _____ was duly adopted by the ________________ (Governing Body).

Following Roll Call Vote: Ayes: _____
Nos: _____

Absent: _____ ________________________________
Clerk/Secretary for the Governing Board

9 I. SAMPLE COST ESTIMATE - PLANNING PROJECTS
# PROJECT ELEMENTS Estimated
Costs
General
Fund
Grant
Funding
Source
(specify)
Funding
Source
(specify)
Planning, Coordination, Outreach
Deliverables

Total
Assessments and Data Collection
Deliverables

Total
Project Management

Total
Grand Total

Only direct project management costs are eligible, no overhead/indirect costs are reimbursable. In- service payroll may not include a “billable rate” or administrative cost allocation. Reimbursements based on completion of Deliverables which may be phases to reimburse upon completion of specific agreed upon tasks. Project management costs can be reimbursed incrementally in conjunction with payment requests for completed Deliverables. Tasks must be directly related to the planning project and supported by detailed time documents for in-house services. 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

10 J. SAMPLE PROJECT TIMELINE
Activity Description Timeline
Planning, Coordination, Outreach Month 20XX- Month 20XX Assessments and Data Collection Month 20XX
Submit final site design/plans/specifications Month 20XX - Month 20XX Development of Draft and Final Documents Month 20XX
Submit Project Closeout package with final
Payment Request to State
Month 20XX

11 K. E NVIRONMENTAL COMPLIANCE
Prior to approval and distribution of grant funds for construction/implementation, every proposed project shall comply with the California Environmental Quality Act, Division 13 (commencing with Section 21000; 14 California Code of Regulations section 15000 et seq. [“CEQA”]).

The State of California, acting through its administering agencies and departments, will typically act as a responsible agency for the purposes of CEQA. Therefore, prior to the State approving funding for a proposed project, one of the following must be submitted:
a. The Notice of Exemption filed with the County Clerk and State Clearinghouse (as applicable) if the proposed project is categorically or statutorily exempt, with the appropriate Public Resources Code section citation to the exemption(s) being relied upon by the lead agency. b. The Negative Declaration or Mitigated Negative Declaration adopted by the lead agency and Initial Study, including a copy of the Environmental Checklist Form located in Appendix G of the CEQA Guidelines and the Notice of Determination filed with the County and with the State Clearinghouse. If the lead agency has adopted a Mitigated Negative Declaration, the grantee must also provide the adopted mitigation monitoring and reporting program*. c. The Final Environmental Impact Report certified and adopted by the lead agency with Initial Study, including a copy of the Environmental Checklist Form located in Appendix G of the CEQA Guidelines, the adopted mitigation monitoring and reporting program, and the Notice of Determination filed with the County and State Clearinghouse. Please include any State Clearinghouse Responses received by the grantee.
* For b and c, include documentation the State of California Department of Fish and Wildlife CEQA fee was paid or is not applicable.
d. Projects that tier from a Programmatic , Master, or other Environmental Impact Report shall include a copy of any subsequent Initial Study for the proposed project together with a copy of any supplementary environmental documentation adopted by the lead agency, including, if applicable, any required findings pursuant to Public Resources Code section 21157.1, subdivision (c), and the Notice of Determination, filed with the County Clerk and with the State Clearinghouse, as applicable.

Pursuant to Section 75102 of the Public Resources Code 75102, before the adoption of a Negative Declaration or Environmental Impact Report, the lead Agency shall notify the proposed action to a California Native American tribe, which is on the contact list maintained by the Native Heritage Commission, if that tribe has traditional lands located within the area of the proposed project.

12 L. PAYEE DATA RECORD
Fillable form available online at: https://resources.ca.gov/grants/Grant-Program-Resources

13

14 M. PAYMENT REQUEST INSTRUCTIONS
Before Submitting
 Check the Grant Agreement to confirm that any funding requirements outlined in the special provisions section have been fulfilled.
 Check that all costs are allowable.
a. Costs must be incurred within the project performance period outlined on the G rant Agreement cover page and/or subsequent amendments and must align with the cost estimate.
b. All costs must directly relate to the grant funded project (i.e. no overhead costs such as rent or utilities).

What to Include
 Payment Request Form filled out with original signature of authorized agent.  Payment Tracking Sheet filled in with amounts for the current request.  Project Expenditure Form , Grantee Labor Cost Form, and Equipment Cost Form (as applicable). Descriptions should clearly tie to the line items on the payment tracking sheet, as well as the backup documentation.
 Proof of time worked/services rendered for each item listed on the above forms a. For contracted labor or materials, include copies of invoices or receipts. • If an invoice is to be only partially reimbursed with grant funds, the portion allocated to the grant should be clearly marked.
b. For mileage include a log kept by employees documenting date, hours and destinations related to the grant project. Provide documentation of policy to support rate used. c. For equipment, include the schedule showing the rate as well as a log showing the days and hours the equipment was used for this project and by whom. d. For in house labor, include documentation of hours worked on the project and hourly rate. • Send timesheets detailing the days and number of hours each employee who worked on the project.
• Fill out the Employee Compensation Chart to demonstrate the rate being charged. • With first request or when rates change, submit copies of pay stubs that show the employee’s pay rate or salary (may redact personal information). • Only salary plus benefits are eligible. No indirect rates or overhead costs may be folded into the hourly rate. No billable rates may be used.
 Proof of payment showing that payment was made for each cost. Examples include:
a. Copy of both sides of a cancelled check (and breakdown if check is for multiple invoices) b. Copy of bank statement with cleared checks and/or E lectronic Fund Transfer’s (EFT) highlighted
c. Invoice stamped “Paid” by the vendor/contractor
d. Pre-paid card Statement showing credit remaining after particular project charge e.g., pre- paid photo copier card
e. Credit card Statement showing payment made accompanied with original credit card receipt listing specific charges. Must also include proof that the credit card was paid off. f. For grantee personnel services one of the following:
• C hief Financial Officer’s signature on the certification on the Grantee Labor Cost Form • P ayroll stubs or payroll service printout for each pay period

15 • Signed acknowledgement from employees regarding receipt of paychecks for a specific time period
 Certification Form and Deliverables for applicable benchmarks for Planning Grants only

Advances - Advances are allowed to assist with cash flow for outside consultants, contractors, materials, etc. In-house labor costs are not eligible for advances. The amount of the advance is determined based on need. Once an advance is reconciled, Grantee may seek another. Contact the project grants administrator to request an advance and protocol for administering.

Final Payments - Final retention will not be released until all closeout documents (in addition to regular payment request documents if applicable) have been received. This includes:
a. Summary of Expenditures from all Project Funding Sources b. Certification of Completion Form
c. Notice of Completion (if applicable)

Helpful Hints
 Organize documentation in an easy to follow format (i.e. chronologically) with related information together and relevant information marked. Include any necessary explanations or notes to clarify certain documentation.
 Bill for the full amount and Agency will take out the retention of 10% for reimbursements .

Retention will be released at closeout.
 Ensure numbers match (e.g. check numbers, amounts on forms and back up documentation, etc.) and that they are accurately calculated. Everything must add up to the penny.

All payment forms and these instructions can be found on our website here:
http://resources.ca.gov/grants/project-administration-forms/

Contact your Grant Administrator for further clarification or questions.

16 N. STATE AUDIT AND ACCOUNTING REQUIREMENTS
Contact your assigned Grant Administrator for questions about the following requirements:

Accounting Requirements
Grantees must use accounting practices that:
• Provide accounting data that clearly records costs incurred on the project and accurately reflects fiscal transactions, with the necessary controls and safeguards.

• Provide s a good audit trail, including original source documents such as purchase orders, receipts, progress payments, invoices, employee paystubs and time cards, evidence of payment, etc.

• Provides accounting data so the total cost of each individual project can be readily determined.

Accounting Rules for Employee Services (force account labor) Grantees must follow these accounting practices for employee services:
• Maintain time and attendance records as charges are incurred, identifying the employee through a name or other tracking system, and that employee’s actual time spent on the project. • Time estimates for work performed on the project are not acceptable. • Time sheets that do not identify the specific employee’s time spent on the project are not acceptable. • Costs of the salaries and wages must be calculated according to the grantee’s wage and salary scales and may include employer paid benefit costs such as “workers’ compensation.” • Overtime costs may be allowed under the grantee’s established policy, provided that the regular work time was devoted to the same project.

State Audit
• All projects are subject to an audit by the State of California, Department of Finance within three (3) years following the final payment of grant funds. If the project is selected for an audit, the grantee will be contacted in advance. The audit shall include all books, papers, accounts, documents, c anceled checks or other records of the grantee, as they relate to the project for which the funds were granted. • The grantee must retain the project records for a period of three (3) years and one (1) year following an audit. All documents must be readily available, and an employee with knowledge of the project must be available to assist the auditor. The Grantee must provide a copy of any document, paper, record, or the like, requested by the auditor.

17 Documents Required for the Department of Finance Audit Please have the following documents, files, records, and other resources available for the Department of Finance during their audit of the grant.

Internal Controls:

1. Grantee's organization charts.

2. Written internal procedures and flowcharts for the following procedures:
a. Grantee's receipts and deposits
b. Grantee's disbursements
c. Grantee's invoice preparation

3. Audit reports covering the Grantee's internal control structure and/or expenditures within the last two years.

Contracts:

1. Original contract between the Grantee and the State, including any amendments.

2. All contract documents between the Grantee and any subcontractors.

3. Listing of all active or completed contracts funded by Proposition 12, 13, 40, and 50.

Budgets:

1. Budget modification documents.

Invoices:

1. Invoices from the Grantee to the State for payments made under the grant.

2. Invoices from the subcontractors to the Grantee for payments made under the grant.

3. All supporting documentation associated with the above invoices.

Cash Documents:

1. Receipts showing payments received from the State.

2. Deposit slips showing deposit of the payments received from the State.

3. Canceled checks or disbursement documents showing payments made to vendors for contract disbursements.

4. Bank statements showing the deposit of the receipts and interest earned on any monies held by the Grantee.

Accounting Records:

1. Ledgers showing entries for cash receipts and cash disbursements.

Travel/Per Diem:

1. Grantee travel policies.

2. Travel claims for travel costs charged to the contract organized by the Grantee Invoice on which the travel was charged.

3. Mileage logs if mileage for grantee employees claimed and paid with Grant funds.

Project Files:

1. All supporting documentation maintained in the project files.

18 O. SAMPLE GRANT AGREEMENT

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
Grantee Name: Insert Here

Project Title: Insert Here

Agreement Number: XXXXXX-0

Authority: Budget Act of 2021 (Chapters 21, 69, and 240, Statutes of 2021)

Program: General Fund Specified Grant Projects

PROJECT DESCRIPTION

Brief Project Description

A detailed project scope and activities, project schedule and project budget are described and attached hereto as Exhibit A.

Grant Funds are to be for planning projects in accordance with the provisions contained in the Procedural Guide for General Fund Specified Planning Projects and this Agreement.

TERMS AND CONDITIONS OF GRANT

Special Provisions

1. If the Grantee is a nonprofit: If the Grantee is a nonprofit organization and ceases to exist, all of its rights, title and interest in the real property shall vest in the State of California. The State may, at its discretion, identify an appropriate public or private entity to accept the right, title, and interest in the real property in lieu of the State.

2. If Grantee is a federally recognized Indian Tribe replace Section F below with the following: Grantee’s Limited Waiver of Sovereign Immunity and Hold Harmless

1. The Parties acknowledge that Grantee is a federally recognized Indian tribe and, as such, possesses sovereign immunity from suit. Nothing in this Grant Agreement is or shall be deemed to be a waiver of Grantee’s sovereign immunity from suit, which immunity is expressly asserted, except for the limited waiver set forth in this section.

2. Limited Waiver of Sovereign Immunity and hold harmless. Notwithstanding any other provision in this Agreement (including, without limitation, any provision of any Exhibit incorporated in this Agreement by reference) to the contrary, nothing in this Agreement shall be deemed to be a general waiver of Grantee’s sovereign immunity from suit, which immunity is expressly asserted. Provided, however, that Grantee hereby expressly, unequivocally, and irrevocably provides a limited waiver of sovereign immunity from suit to allow the Natural Resources Agency to exercise all of its rights under the terms of this Agreement, and Grantee consents to suit in any court of the State of California for any claim to interpret or to enforce this Agreement. This shall include the right to contribution for loss of 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.

3. Grantee shall indemnify, hold harmless 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

19 items to which it has certified. Under this indemnification provision, Grantee shall not be responsible for defending State in court but shall reimburse for actual invoiced costs associated with the defense.

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.

3. Other special provisions, if applicable

General Provisions

A. Definitions

1. The term "Act" means Budget Act of 2021 (Chapters 21, 69, and 240, Statutes of 2021).

2. The term “Agreement” means this Grant Agreement.

3. The term “Application” means the Project Information Package and any applicable materials supplied by grantee to the State pursuant to the Application Guidelines.

4. The term “Application Guidelines” means the Procedural Guide for General Fund Specified Planning Grant Projects.

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 perfor mance of specific project objectives within a specific project performance period by the Grantee.

7. The term "Grantee" means an entity 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 planning activity 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 Exhibit A 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 California Natural Resources or his/her representatives, or other political subdivision of the State.

B. Project Execution

1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.

20 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.

4. Grantee certifies that the scope of work does and will continue to comply with all current laws and regulations which apply to the planning project identified in Exhibit A, including but not limited to, environmental laws, including but not limited, CEQA, health and safety codes, and disabled access laws

5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.

6. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope per Exhibit A and the Application. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. Any modification or alteration in the Project must also comply with all current laws and regulations, including but not limited to CEQA.

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 planning 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.

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 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

21 to ten percent (10%) through a reallocation of funds from another category, without approval by the State.

However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the grant funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines.

D. Project Administration

1. Grantee shall promptly provide project reports upon request by the State. In any event Grantee shall provide the State a report showing total final project expenditures with the final payment request and required closing documents.

2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State.

3. 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 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.

4. 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.

5. Final payment is contingent upon State verification that project is consistent with project scope as described in Exhibit A, together with any State approved amendments.

6. 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.

7. Grantee must report to the State all sources of other funds for the project.

E. Project Termination

1. Prior to the completion of 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.

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.

3. If the Grantee fails to complete the project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.

22 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.

5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.

6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the for the purposes as stated in the Application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.

F. Hold Harmless

1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents and employees.

2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the project, including development, construction, operation or maintenance of the property described in the project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.

3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

G. Financial Records

1. Grantee shall maintain satisfactory financial accounts, documents, and records for the project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three (3) years after final payment and one (1) year following an audit.

2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.

3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.

H. Materials/Plans

1. The Grantee agrees that all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement, herein referred to as “materials” are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so.

23 2. Grantee agrees that the grantee shall use the materials developed with grant funds under this agreement only for the purpose for which the grant funds were requested and no other use of the materials shall be permitted except by written permission.

3. Grantee must certify the materials developed with grant funds under this agreement shall remain available for public review. This Agreement shall not prevent the transfer of the materials from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.

4. If the use of the materials is changed to a use that is not permitted by the Agreement, or if the materials are sold or otherwise disposed of, at the State’s sole discretion, an amount equal to (1) the amount of the Grant, or (2) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State.

I. Nondiscrimination

1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.).

Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. The completed Project shall be available to members of the public generally.

J. Application Incorporation

The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

K. Severability

If any provision of this Agreement or the Application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

L. Waiver

No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party.

M. Assignment

Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.

24 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 California 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.

ATTACHMENT 5
Project Information Package
for Planting Justice Project

5 D. PROJECT INFORMATION PACKAGE CHECKLIST
Grantee sends the completed Project Information Package to Agency. Grantee should keep a complete copy of the Project Information Package for future use and reference.

Provi
de the package in order shown in the following checklist.

Required Documentation Page
☐ Project Information Package Checklist (this page) 4
☐ Project Information Form 6
☐ Project Summary 7
☐ Authorizing Resolution 8
☐ Cost Estimates (Development/Acquisition) 9, 10
☐ Project Timeline 13
☐ Property Data Sheet 14
☐ Land Tenure/Site Control Documents 6
☐ Photos of the Project Site 7
☐ Site Plan, if applicable 7
☐ Environmental Compliance Documents (if applicable) 15 ☐ Permit Approval Status, if applicable 16
☐ Payee Data Form (Std. 204) 18

8 F. PROJECT INFORMATION FORM
Estimated Date of Completion:Project Name
Grant Amount:

Estimated Total Project Cost:
(State grant, other funds, and in-kind)
County
Check one:

Nearest City/Town
Nonprofit
Grantee Name (with mailing address)
Local Agency
State Agency
Project Address (or nearest cross street)
Senate Dist. Assembly Dist. US Congressional Dist.

Grantee’s Representative Authorized in Resolution (Signature required at bottom of this page) Name: Title:

Phone: Email:

Project Manager – Person with day to day responsibility for project (if different from authorized representative) Name: Title:

Phone: Email:

Brief Description of Project Latitude Longitude
(Summarize major activities to be funded by this Grant) CEQA/Environmental Requirements
Site Control/Land Tenure (check the box that applies)
Exempt per CEQA Guidelines §
Attach filed Notice of Exemption.

CEQA completed.

Attach fled Notice of Determination, Negative
Declaration, or Mitigated Negative Declaration
CEQA is not complete.

Attach draft Initial Study with checklists.

CEQA does not apply under Code §Grantee owns the property.

Grantee leases the property – Term End:

Grantee owns an easement on the property.

Grantee has an MOU with the property owner.

I certify that the information in this Project Information Form, including all attachments, is complete and accurate.

Signed:

Grantee’s Authorized Representative as shown in Resolution Date Enter name Enter title Designee? Yes No
Print Name Title (If yes, attach letter of designation
from authorized representative.)
December 2024
$2,197,121

1 | Page
Signing Authority
Scope: CITYWIDE
Policy Contact
Wendy Klock-Johnson, Assistant City Clerk (916) 808-7509 [email protected]
Table of Contents
Signing Authority Policy
Signing Authority Delegation
Attachments
Signing Authority Quick View Table
Signing Authority Modification Form

Signature On-File Form
Regulatory References
Sacramento City Charter
Sacramento City Code
California Constitution
California Government Code
California Streets & Highway Code
Policy Statement
The City of Sacramento (City) is committed to effective, efficient and transparent management of City business and processes. Only City officers and employees with appropriate approval authority and
accountability shall approve financial transactions and sign legally binding contracts to ensure responsible stewardship of City’s resources.

Effective: 0//2019

Policy: SIGNING AUTHORITY DELEGATION
3 | Page
I. Policy
The Sacramento City Charter allows the delegation of contract signing authority by the City Manager to other Charter Officers, City Officers, and other city employees.

Delegation of signing authority to a position includes all employees holding that position including those in an interim or acting role.

A delegation of financial signing authority assigns the authority and responsibility to:
x Approve financial transactions;
x Facilitate efficient decision-making and ensure that actions and decisions are taken by appropriate approval levels;
x Ensure that transactions are executed as intended and in accordance with applicable law, regulations and City policies; and
x Provide fiscal integrity and an auditable internal control environment.

A delegation of signing authority for various business process approvals assigns the authority and responsibility
to:
x Facilitate efficient decision-making and ensure that actions and decisions are taken by appropriate approval levels;
x Ensure that processes are executed as intended and in accordance with applicable law, regulations and City policies; and
x Provide process integrity and an auditable internal control environment.

II. Delegation in a City of Sacramento Declared Emergency Status The financial signing authority during a declared emergency shall be limited to the Mayor/City Council, City Manager, City Treasurer, City Attorney, and City Clerk.

In Emergency Status mode signing authority begins with the City Manager. If the City Manager is not available, Charter Officers are authorized; and if Charter Officers are not available Mayor/Council will sign City Contract/Agreements.

Resolution 2003-0139: "Designation of Applicant's Agent Resolution" authorizes the following representatives to receive FEMA funds on behalf of the City:
x Director of Finance
x Accounting Manager
x Principal Accountant
III. Delegation for City of Sacramento -- General Status Sacramento City Charter section 200 provides that the “cit y manager, or his designated
representatives, shall purchase, or contract for the purchase of, goods, equipment, materials, supplies, services, or for the undertaking of any public project in the manner prescribed by ordinance enacted by the city council,” except as otherwise provided in the

Policy: SIGNING AUTHORITY DELEGATION
4 | Page
Charter. The council has enacted various ordinances to prescribe the manner for such contracts.1
The authority delegated
under this Signing Authority Policy may not be delegated further, except by the City Manager.

A. City Manager-Charter Office
The following positions are authorized to sign ALL contracts that the City Manager may sign under City Code sections 3.04.010, 3.56.010, 3.60.010, and 3.64.010. (See City Code section 2.08.020.) Additionally, the following positions are delegated authority to sign ALL City Council-approved contracts when the City Council has authorized signature by a City Manager designee.
• Assistant City Manager
B. Other Charter Offices
The following positions are authorized by the City Manager to sign ALL contracts that the City Manager may sign under City Code sections 3.04.010, 3.56.010, 3.60.010, and

3.64.010, for contracts that fall under their offices’ oversight and work. x City Attorney-Charter Office
• City Attorney
• Assistant City Attorney
x City Clerk-Charter Office
• City Clerk
• Assistant City Clerk
• Operations Manager for Mayor & Council
x City Treasurer-Charter Office
• City Treasurer
C. Other City Offices
The following positions are authorized by the City Manager to sign ALL contracts that the City Manager may sign under City Code sections 3.04.010, 3.56.010, 3.60.010, and

3.64.010, for contracts that fall under their offices’ oversight and work. 1 NOTE: This policy covers only the city manager’s delegation of authority for specific categories of contracts. Under the Charter and City Code there are other sources of contract authority. For example, additional or separate authority may be granted directly by City Council resolution or motion.

Policy: SIGNING AUTHORITY DELEGATION
5 | Page
x Office of the City Auditor
• City Auditor
x Office of Public Safety Accountability
• Director of the Office of Public Safety Accountability x Office of the Independent Budget Analyst
Director of the Office of the Independent Budget Analyst D. City Departments
The following Department Directors are delegated authority to sign ALL contracts that the City Manager may sign under City Code sections 3.04.010, 3.56.010, 3.60.010, and

3.64.010, for contracts related to their departmental work.

Additionally, the following positions are delegated authority to sign ALL City Council-approved contracts related to their departmental work when the City Council has authorized signature by a City Manager designee.

Departments Authorized Signatory
Convention & Cultural Services Director of Convention & Cultural Services Community Development Director of Community Development Community Services – Water Forum Executive Director of Community Services – Water Forum
Economic Development Director of Economic Development
Finance Director of Finance
Fire Fire Chief
Human Resources/Labor Relations Director of Human Resources Information Technology Chief Information Officer
Youth, Parks and Community Enrichment Di rector of Youth, Parks and Community Enrichment
Police Police Chief
Public Works Director of Public Works
Utilities Director of Utilities
E. Specific Contract Signing Authority
Delegation of specific contract signing authorit y by City Manager to:

City Manager
Business Line
Description Authorized Signatory
Operations Contracts/Agreements related to
Homeless Services x Homeless Services
Coordinator

Policy: SIGNING AUTHORITY DELEGATION
6 | Page
Community Develo
pment Department
Business Line Description Authorized Signatory
Development Agreement for Deferring Payment of
City Fees (City Code 18.52)
x Director of Community
Development
x Chief Building Official
Neighborhood
Responsibility
Agreements
Adverse Impacts of Cannabis Cultivation
on Surrounding Areas- Sacramento City
Code Section 17.228.127
x Director of Community
Development
Conventio
n and Cultural Services
Business Line Description Authorized Signatory
Operations Sacramento Convention Center
License Agreement x Convention Center
General Manager
x Deputy Convention
Center General Manager
Center for
Sacramento History
Deeds of Gift and Collection Loan
Agreements
x City Historian
Finance Department
Business Line Description Authorized Signatory
Public Improvement
Financing
Bond Segregation Documents/
Memorandum of
Reassessment and Reports/Amended

Assessments
x Finance Special Districts
Manager
SCERS System Retirement Systems Manager -Director of
Finance (City Charter XVII, Section 391
x Director of Finance
Department
of Youth, Parks and Community Enrichment
Business Line Description Authorized Signatory
Operations Contracts/Agreements less than
$15,000
x Youth, Parks, and
Community Enrichment
Operations Manager
Police Department
Business Line Description Authorized Signatory
Enforcement Supplemental Law Enforcement Service
Agreements
x Supplemental
Employment Sergeant
x Metro Lieutenant
x Metro Captain

Policy: SIGNING AUTHORITY DELEGATION
7 | Page
Enforcement Reserve Officer Traffic Control
Agreements
x Supplemental
Employment Sergeant
x Metro Lieutenant
x Metro Captain
Public Works Depart
ment
Business Line Description Authorized Signatory
Operations All Documents Related to Clean Energy
Sacramento Program
x Public Works
Sustainability Manager
Operations Consultant Agreement-Budget Task
Reallocations ($0)
x Public Works
Engineering Manager
Operations Master Services Agreements- Addenda x Public Works Engineering Manager
x Public Works Traffic
Engineering Manager
x Public Works Contract
& Compliance Specialist
Subdivision
Mapping
Final Maps/Parcel Maps
City Code 17.832.080
x City Surveyor
x Survey Party Chief
(Licensed)
Subdivision
Mapping
Master Parcel Maps
City Code 07-836.010
x City Surveyor
x Survey Party Chief
(Licensed)
Subdivision
Mapping
Amending Map/Certificate of Correction
Government Code 66471
x City Surveyor
x Survey Party Chief
(Licensed)
Subdivision
Mapping
Certificate of Compliance
City Code 17.112.020
x City Surveyor
x Survey Party Chief
(Licensed)
Subdivision
Mapping
Lot Line Adjustment
City Code 117.820.040
x City Surveyor
x Survey Party Chief
(Licensed)
Subdivision
Mapping
Merger of Parcels
City Code 17.824.020
x City Surveyor
x Survey Party Chief
(Licensed)
Engineering Agreement for Conveyance of Easement
City Resolution 2015-0145
x Supervising Engineer,
Development
Engineering

Policy: SIGNING AUTHORITY DELEGATION
8 | Page
x Senior Engineer,
Development
Engineering
x Public Works
Engineering Manager
Engineering Acceptance of Dedications
Government Code 17.502.050
x Supervising Engineer,
Development
Engineering
x Senior Engineer,
Development
Engineering
x Public Works
Engineering Manager
Engineering Acceptance of Irrevocable Offer of
Dedication
City Resolution 2015-0145
x Supervising Engineer,
Development
Engineering
x Senior Engineer,
Development
Engineering
x Public Works
Engineering Manager
Engineering Notice of Violation
Government Code 66499.36
x Supervising Engineer,
Development
Engineering
x Senior Engineer,
Development
Engineering
x Public Works
Engineering Manager
Engineering Special Distri cts-Assessment Diagrams
California Streets & Highway Code
x Public Works
Engineering Manager
x Senior Engineer, Design
Engineering Special Districts-Public Improvement
Financing Engineering Reports
California Constitution Article XIIID Section
4(b) and Streets & Highway Code
x Public Works
Engineering Manager
x Senior Engineer, Design

9 | Page
Signing Authority Assignments

1. Financial Transactions and Contract Signing
Signing Authority to approve financial transactions and contracts are identified in the Signing Authority Delegation Policy. Complete the following tasks to modify the Signing
Authority delegation to request modification of current delegations.

Task Performer

1. Identify the appropriate signatory by
parameters stated in the Signing Authority
policy and procedur
es.

Designator or Designee

2. Complete the Signing Authority Delegation
Modification Form (PDF).

Designator or Designee

3. Sign the Signing Authority Delegation
Modification Form using the “Digital Signature”
feature in Adobe Ac
robat.

Designator ONLY

4. Forward the Signing Authority Delegation
Modification Form to the Office of the City
Clerk – ecostan@cityofsa
cramento.org.

Designator or Designee

5. Acquire “signature on file” from delegated signor Clerk or Designee

PLANTING JUSTICE AT CITY OF SACRAMENTO TREE NURSERY
Project Summary
The City of Sacramento is partnering with Planting Justice (PJ) and Three Sisters Gardens (TSG) to transform the former City Tree Nursery into what will become a nationally significant center for urban agriculture and social entrepreneurship, youth mentorship, and farmer training.

Together, this coalition will create increased access to living-wage green jobs, youth employment opportunities, affordable organic produce, and a variety of educational opportunities on organic farmer, sustainability, culinary arts, and health. Annually at Phase 1 buildout, this project is anticipated to serve 250+ participants in multi-day intensive vocational training, 1000 students in single-day educational programming, and 2500 customers, from across all Sacramento neighborhoods.

In July 2020, the City of Sacramento and PJ executed an initial lease for three unimproved acres of the site, with TSG subleasing one acre from PJ. The City currently retains control of the remaining two acres and will amend PJ’s lease to include this area once existing blighted buildings on the site are demolished. This demolition is currently underway.

The vision for the former Tree Nursery site will be accomplished in two phases, with funding from the State’s 2021-2022 Budget being used to support initial buildout and staffing to implement Phase 1 through December 2024. Additional funding for Phase 2 and future years’ operations will come from operating revenues, grant funding, and private donations.

PHASE 1:

Production/Retail Nursery
PJ will create and operate a production and retail nursery, that creates dignified living-wage jobs, generates most of the revenue needed to support itself long-term, and fuels Sacramento’s various communities with access to nutrient dense and climate-resilient trees, shrubs, vegetables, herbs, flowers, and native plants. This component includes roughly 1.5 acres of outdoor field production (Shade Houses #1-3), 7,000 sq ft of indoor greenhouse production (Greenhouses #1-2), and more than ¼ acre of nursery retail (“Lathe House Annuals Retail” and “5 Gallon Tree Area”). Finally, the nursery includes an administrative area - for shipping and checkout, to accommodate onsite and online customers, with the potential to house a small retail outlet for local crafts-makers and artisans.

Product
ion Farm
TSG will create and operate a one-acre production farm (labeled “In-Ground Field Production Area” on the site plan). The farm will grow vegetables and herbs, including native foods, that will be distributed to restaurants and CSA members paying full price, and to low-income elders, adults, and youth for free/sliding scale. The neighboring communities will also have access to fresh produce through community farm stands at the Tree Nursery.

Comm
unity Based Educational Programing
The Site will provide direct and immediate benefits to the neighboring Mangan Park neighborhood, and throughout the South Sacramento community and beyond. Both organizational partners will utilize the entirety of the Tree Nursery facilities to offer regular programming that teaches life-long skill sets for organic crop and nursery production, including employment and training related to ecological design, farming, landscaping, plant propagation

and horticulture, backyard kitchen gardens, irrigation, water harvesting, nutrition, culinary arts, and more. The facilities will likely be made available to other local organizations for similar educational opportunities
PHASE 2:

Commercial Kitchen
An onsite commercial kitchen will provide space for local farmers, crafts-makers and artisans to produce value-added products such as Sacramento-made soaps, jams, honey and more.

PERMITTING
Planting Justice is in the process of submitting a Conditional Use Permit (CUP) to the City of Sacramento to permit the use of the site as a production/retail nursery. Once the CUP is obtained, build out and operation of the production/retail nursery will begin. Three Sisters Garden production garden does not require discretionary permits and can begin construction and operation as soon as funds are available.

Planting Justice at Sacramento City Tree Nursery Budget Project Elements
Total
Project
Costs
State
General
Fund Grant
Satterberg
Foundation
Raley's
Grant

SITE BUILD OUT

NON-CONSTRUCTION COSTS
Direct Project Management
Planting Justice Co-Director (.15 FTE) $10,500 $0 $10,500 $0 Three Sisters Gardens Executive Director (1FTE) $65,000 $65,000 $0 $0 Planting Justice Project Manager (1 FTE) $50,000 $50,000 $0 $0 Subtotal - Direct Management $125,500 $115,000 $10,500 $0 Planning, Design & Permitting
Planting Justice Executive Director (.1 FTE) $7,000 $0 $7,000 $0 Consultant - Architect $10,000 $0 $10,000 $0
Subtotal - Planning, Design & Permitting $17,000 $0 $17,000 $0 SUBTOTAL - Non-Construction Costs $142,500 $115,000 $27,500 $0

CONSTRUCTION COSTS
Construction Materials
Planting Justice Nursery Materials (a) $631,000 $576,000 $55,000 $0 Three Sisters Production Farm Materials (b) $126,852 $106,912 $0 $19,940 Subtotal - Construction Materials $757,852 $682,912 $55,000 $19,940 Construction Contractors
Grading and Paving for Three Sisters' Greenhouse $20,060 $0 $0 $20,060 Electrician $46,955 $46,955 $0 $0
Plumbing/Irrigation $35,000 $35,000 $0 $0
Subtotal - Construction Contractors $102,015 $81,955 $0 $20,060 SUBTOTAL - Construction Costs $859,867 $764,867 $55,000 $40,000 SUBTOTAL - Site Build Out $1,002,367 $879,867 $82,500 $40,000

IMPLEMENTATION STAFF
Three Sisters' Farm Manager $50,000 $50,000 $0 $0
Three Sisters' Assistant Farm Manager (1 FTE) $45,000 $45,000 $0 $0 Youth Crew Lead (.5 FTE) $20,000 $20,000 $0 $0
Three Sisters' Youth Stipends (10 @ $4,500/each) $45,000 $45,000 $0 $0 PJ Propagation Manager (1 FTE) $50,000 $50,000 $0 $0
PJ Nursery Lead Technician (1 FTE) $45,000 $45,000 $0 $0 PJ Nursery Technicians (8 FTE) $320,000 $320,000 $0 $0
PJ Lead Educator (1 FTE) $45,000 $0 $45,000 $0
Payroll Taxes (10%) $74,550 $70,050 $4,500 $0
Workers Compensation Insurance (10%) $74,550 $70,050 $4,500 $0 Fringe Benefits (15%) (d) $111,825 $105,075 $6,750 $0
SUBTOTAL - Implementation Staff $880,925 $820,175 $60,750 $0 SUBTOTAL - Project Costs $1,883,292 $1,700,042 $143,250 $40,000 Contingency (10%) $188,329 $170,004 $14,325 $4,000
TOTAL PROJECT COSTS $2,197,121 $1,985,046 $168,075 $44,000 Notes:
(a) Includes purchase of three shade structure; two greenhouses; steel raised bed; , nursery benches; one propagation structure; landscaping trees; and material to construct bulk storage facilities and perform drainage, grading, and soil amendments. (b) Includes purchase of one walk-in cooler, one greenhouse, one wash station, one shipping container, and farm tools and supplies. (c) Budget for implementation staff reflects salaries necessary to build and operate the production nursery and organic farm through 2024. (d) Includes Health/Dental/Vision/Life Insurance and PTO.

PLANTING JUSTICE AT CITY OF SACRAMENTO TREE NURSERY
Operational Plan
Plant
ing Justice (PJ) and Three Sisters Gardens (TSG) are partnering with the City of Sacramento to transform the former City Tree Nursery property into a nationally significant center for urban agriculture, social entrepreneurship, economic justice, youth mentorship, and farmer training. At completion of Phase 1 build out, the site will feature a one-acre production farm built and operated by Three Sisters Gardens while the remaining four acres will support a production and retail nursery built and operated by Planting Justice. Phase 1 is anticipated to annually serve 250+ participants in multi-day intensive vocational training, 1000 students in single-day educational programming, and 2500 customers, from across all Sacramento neighborhoods.

The following describes the roles and responsibilities of key staff positions funded by the State’s 2021-2022 Budget:

Planting Justice Co-Director will be responsible for PJ’s administrative tasks related to the project, including coordination amongst partners; acting as liaison with the City of Sacramento; managing legal responsibilities related to the lease of City owned land; managing permitting processes, maintaining insurance; ensuring construction and grant deliverables are on target; administration of grant funds; communication with matching funders; and fulfilling grant reporting obligations.

Plant
ing Justice Nursery Manager will be responsible for managing nursery construction and nursery staff, ensuring that all company and employment policies are being met, customer service, community relations, vendor management, maintaining organic certification and other ag certifications, and overseeing contractors’ work.

Plant
ing Justice Propagation Manager will be responsible for training new staff in all aspects of nursery construction/implementation, training nursery staff in all aspects of plant propagation so that they can train youth and members of the general public, establishing production goals and ensuring those goals are met, maintaining organic practices, purchasing supplies; managing irrigation. 100% of this line item will be paid with non-federal matching funds.

Plant
ing Justice Nursery Technicians will participate in all nursery construction/implementation/production (installing greenhouses and shadehouses, assembling raised beds, propagation of plants by seeding/cuttings/grafting, transplanting, plant care, weeding, irrigation); train youth and adult education program participants in all aspects of nursery production; assist in customer service and sales; manage organic fertilization practices; manage organic pest management practices; and plant/maintain the on-site perennial food forest as a source of food and propagation material for the nursery.

Plant
ing Justice Educator will manage all administrative aspects of onsite educational programming including beginner farmer training and youth educational experiences, serve as the primary contact for neighborhood groups/associations/schools/organizations who will benefit from onsite educational programming, and ensure this project is meeting its mission of providing opportunities for the general public to learn about organic nursery and food production.

Three
Sisters Executive Director will be responsible for TSG’s administrative tasks related to the project, including coordination amongst partners; acting as liaison with the City of Sacramento; managing legal responsibilities related to the lease of City owned land; managing permitting processes, maintaining insurance; ensuring construction and grant deliverables are on target; administration of grant funds; communication with matching funders; and fulfilling grant reporting obligations.

Three
Sisters Gardens Farm Manager will be responsible for managing farm construction, production schedules and TSG farm staff; purchasing supplies; managing irrigation; managing seeding and harvest schedules; managing farm volunteers; and managing food distribution and farmers’ market sales.

Three
Sisters Gardens Assistant Farm Manager will lead all farm production (seeding, transplanting, plant care, weeding, irrigation, organic fertilization, organic pest management, and harvesting); and assist in customer service and sales.

Three
Sisters Youth Crew Lead will assist in workforce development and lead educational programming for native youth and youth of color to inspire young people to develop life-long skills that can result in career opportunities, job training, and the cultivation of health and wellness practices related to self care and care of the land.

Three
Sisters Gardens Youth Interns will assist in all aspects of construction, cultivation, organic crop management, harvesting, and post-harvest production. Youth will also participate in talking circles with adult mentors that will provide personal and emotional support, to observe their growth as people, and to ensure they are maintaining healthy life practices that set them up for personal and professional success. 100% of this line item will be paid with this General Grant Fund.

PLANTING JUSTICE AT CITY OF SACRAMENTO TREE NURSERY
Proj
ect Schedule
Activity Description Timeline
Submit Conditional Use Permit Application for PJ’s Nursery January 2022 Submit Grant Packet to CRNA February 2022
Receive State Budget Funding April 2022
Site Prep for TSG April 2022 - Sept 2022
Site Infrastructure Upgrades April 2022 - Dec 2022
TSG Hires Staff and Youth Interns April-June 2022
Production Farm Construction and Planting (TSG) April 2022 - Dec 2023 Lease Renewed and Revised to Include Additional 2 Acres May-June 2022 Obtain Conditional Use Permit for PJ’s Nursery Sept 2022 Submit CEQA NOE to CRNA Sept 2022
PJ Hires Staff to build nursery June - Sept 2022
TSG Production Farm Fully Operational Jan 2023
Construction and Planting for PJ’s Propagation Nursery Sept 2022 - Dec 2023 PJ Nursery Fully Operational Jan 2024
Submit Project Closeout Package with Final Payment Request to State
Jan 2024-Dec 2024

14 L. PROPERTY DATA SHEET
Complete the Property Data Sheet listing each parcel included in the proposed project, as well as the owner(s) of each parcel. Indicate and attach all required documents* including any clarifying comments below. Attach additional sheets if necessary.

No Owner Name
Assessor Parcel
Number(s) Acreage
Indicate type of
ownership. For
acquisitions,
indicate type of
purchase.

For all parcels, indicate
*document used to
demonstrate ownership
and attach a copy of
each document -clearly
labeled with the APN -to
this document
If parcel(s) not owned by
Grantee(s) indicate *document
verifying long-term Permission
to Develop and maintain and
attach
Entity to perform O&M
# of years O&M to be performed
Fee Simple
Easement
Other
(describe)
Proof of Ownership (tax
bill, grant deed, etc.)
O&M
Agreement
Lease
JPA
Letter from
Owner
Other
(describe)
1 2
3 4
5 6
7 8
9 10
Comments:

City of Sacramento 03500100420000 5.18 X
(a) City leases site to Planting Justice. City will administer funds to Planting Justice to develop the site. Lease is attached (b) City leased site to Planting Justice for an initial term of one-year with the option to extend for another year up to four times. Planting Justice is in their firs t extension
period. When the lease is amended to include the remaining two acres the lease term will be reevaluated for a longer period.

Total Number of Parcels: 1____________________Total Number of Acres: ___5.18___________________________________________ Grant Deed Planting Justice(a) (b)

(Signature)
Division Manager: _ NA
(Si,grature)
- Dept. Review

SACRAMENTO

CONTRACT
Office of the CIty Clerk

ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.

General Information (Reauired)
Original Contract # (supplements only): Supplement/Addendum #:

Assessor's Parcel Number(s):

Contract Effective Date: Contract Expiration Date (if applicable):
$ Amount (Not to Exceed): $5.00
Other Party: Plantinci Justice
Project Title: Iree Nursery Lease - 1920 34th Avenue
Project #: 15001021
Adjusted $ Amount (+/-):

Bid/RFQ/RFP #: NA
City Council Approval: NO if YES, Council File ID#:

Contract Processina Contacts
Department: Public Works Project Manager: Jennifer Venema Contract Coordinator: Jose Ledesma Email: iledesmacityofsacramento.ord Deaartment Review and Routing
Contracts:
lose lfr -,8 Hun 25, 7020 13:09 PDT)
(Signature)
,TennIfer A Venema
Project Manager: Jennifer A Venema (Jun 26, 2020 17:02 PDT1 (SOure)
Supervisor: jAiitoc _ Lucinda Will .C'ef (Jun 28, 2020 17:21 PDT) (Date)
(Date)
(Date)
(Date)
(Signature) (Date)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.)

Construction Related Other Party Signature Required

ACM Signature Needed

FOR CLERK & IT DEPARTMENTS ONLY DO NOT WRITE6_,

TA 4 4 1

CC Rev. 12.19.2018

Contract #2020-1441

LEASE AGREEMENT
CITY TREE NURSERY SITE AT 1920 34TH AVENUE
THIS LEASE AGREEMENT ("Lease"), is made as of J ul 1, 2020 , 2020 ("Effective Date") by and between the CITY OF SACRAMENTO, a municipal corporation ("CITY"), and Planting Justice ("LESSEE"). CITY and LESSEE may be referred to collectively as "Parties" or in the singular as "Party," as the context requires.

Background
A. The former CITY Tree Nursery site ("Nursery Site") is located at 1920 34th Avenue in Sacramento, California, in the Mangan Park neighborhood west of and adjacent to Mangan Park. The site borders the north boundary of the Sacramento Executive Airport ("Executive Airport"). Constructed in the 1960s, the Nursery Site is 4.6 acres and includes a greenhouse, shade structure, cold frames, holding beds, and bulk storage capacity.

There is also an administrative building on the Nursery Site measuring approximately 3,500 square feet, which contains an assembly area, small offices, and locker facilities.

B. The Nursery Site has a long history of producing and storing plant stock to be used in landscape projects for the CITY, and it has many site improvements to support urban plant propagation and related activities.

C. Since 2008, the Nursery Site has been underutilized due to downsizing of municipal operations, staff consolidation, and changes in the method by which the CITY procures plants and trees for municipal use. The CITY previously grew many of its annual and perennial plants and tree stock at the Nursery Site, but the majority of the CITY's planting stock is now purchased from commercial growers and only stored at the site for a few months each year. Thus, the Nursery Site is currently only used for temporary storage of plants and trees, and for stockpiling of the CITY's bulk materials such as soil, mulch, or woodchips.

D. LESSEE would like to operate a portion of the Nursery Site for agricultural activities, including but not limited to, operation of a market garden, with potential increase of the leased space in the future pursuant to the terms and conditions of this Lease.

E. Lease of a portion of the Nursery Site to LESSEE will allow the CITY to retain ownership of the Nursery Site for possible future use but allow interim use in a manner that will benefit the community. Active site use by the LESSEE will help to discourage acts of vandalism that previously occurred while the Nursery Site was underutilized and improve the current condition of the Nursery Site.

F. Additionally, lease of a portion of the Nursery Site will support the growing community interest in urban agriculture and will, in turn, provide a benefit to the community through

growth of new agriculture start-up enterprises, workforce development programs and community projects.

Based on the facts in the foregoing background, CITY and LESSEE agree as follows:

1. LEASE OF PREMISES.

A. CITY hereby leases to LESSEE, and LESSEE hereby leases from CITY, on the terms and conditions hereinafter set forth, the land and minor improvements on a portion of the Nursery Site located at 1920 34th Avenue in the City of Sacramento and identified as County of Sacramento Assessor Parcel Number 035-0010-042. A legal description of the entire Nursery Site property is located in Exhibit A. The specific area that LESSEE will lease is depicted in Exhibit B (the "Premises"). All remaining portions of the Nursery Site not included in the Premises, including without limitation existing structures and buildings located outside the Premises area, are specifically excluded from the definition of Premises and LESSEE may not use such excluded areas in any manner.

B. After one year, or upon LESSEE's successful attainment of additional project funding, whichever comes first, the Parties will re-evaluate the Premises and determine whether additional area should be added to the Premises. However, the area that comprises the Premises can only be modified by a written amendment to this Lease that is executed by both Parties.

2. TERM; TERMINATION.

A. Initial Term. The initial term ("Initial Term") of the Lease shall be for a period of one year, commencing on the Effective Date of the Lease stated above.

B. Renewal Term(s). Prior to expiration of the Initial Term, the LESSEE may submit a written request to extend the Lease, which the CITY shall consider at its sole discretion for approval or denial. If LESSEE submits an extension request that CITY accepts, the Lease may be extended for up to four (4) successive one (1) year renewal terms (each a "Renewal Term" or collectively the "Renewal Terms").

C. Termination. CITY has the right to terminate this Lease at any time and for any reason upon 30 days' written notice to LESSEE.

3. RENT. The annual rent amount for this Lease will be $1.00. The CITY has the right to increase the annual rent amount for any Renewal Terms.

4. LESSEE'S USE OF PREMISES.

A. Purpose of the Lease. This Lease allows the LESSEE to occupy, maintain, and operate the Premises (as identified in Exhibit B) for the permitted uses specified in this Section 4.

B. Zoning Designation. The Premises are located within the CITY's Single-Unit Dwelling Zone ("R-1"), which is a low-density residential zone. In addition to the R-1 designation, the Premises are located within the Approach-Departure Zone 1 ("EA-2") of the Executive Airport Overlay Zone. Accordingly, LESSEE's use of the Premises must be compatible with restrictions specified for the R-1-EA-2 zone unless and until LESSEE obtains the required CITY approvals for activities not currently permitted. LESSEE shall submit any necessary entitlement applications to CITY as required by the Sacramento City Code. If LESSEE fails to obtain any necessary CITY entitlements, LESSEE shall only operate the Premises according to the uses permitted within the R-1-EA-2 zone. In addition to the use restrictions summarized in this Subsection 4(B), LESSEE shall comply with the provisions specified in Subsections 4(C) and 4(D). If CITY's zoning designation is modified, the Executive Airport Overlay Zone is modified, or if the Executive Airport is closed, LESSEE shall comply with the new zoning regulations as modified. At all times during the Initial Term or any Renewal Term of this Lease, LESSEE shall adhere to the then-current zoning regulations, and such zoning regulations shall supersede the provisions of this Lease.

C. Permitted Uses. Assuming LESSEE has obtained all necessary permits or entitlements required for a specific use at the Premises, LESSEE shall be permitted to utilize the Premises for the uses enumerated in this Section 4(C), and only for the uses enumerated in this section. Use of the Premises for any purpose or purposes other than those listed in this Section 4(C) shall require: (1) initial written approval from the City Representative prior to obtaining any necessary permits or entitlements; (2) that LESSEE obtain the appropriate permit or entitlement from the appropriate permitting agency; and (3) a formal amendment of this Lease to memorialize the additional use or uses at the Premises. LESSEE shall not commence the use of the Premises for any other purpose or purposes unless and until the requirements of this Section 4(C) have been satisfied. The permitted uses for the Premises are as follows:
(1) Agriculture, General Use. Assuming LESSEE has obtained any necessary CITY permits or entitlements, LESSEE is permitted to use the premises for "Agricultural, General Use," which is defined as the tilling of soil, the raising of crops or plants, repairs or improvements to existing irrigation systems on site, and preparation of the Premises for future agriculture activities.

(2) Best Management Practices. Assuming LESSEE has obtained any necessary CITY permits or entitlements, agricultural activities occurring on the Premises within the designated areas of Figure 3 in the Soil Excavation Report for the Nursery Site (attached hereto as Exhibit D) shall conform to the applicable U.S. Environmental Protection Agency Best Management Practices identified in Exhibit D, Attachment 1. LESSEE shall refer to documentation of excavation areas and confirmation soil data in Exhibit D to determine applicable best management standards to avoid soil contact and minimize potential for soil ingestion. Applicable standards for activities in the designated areas may include, but are not limited to, avoidance of the designated areas for agricultural activities, application of mulch and increasing the use of soil amendments in designated areas, using raised beds or containers instead of in-ground plantings in the designated areas, and requiring gardeners to wear gloves and use tools to avoid soil contact and potential ingestion.
(3) Accessory Activities. Assuming LESSEE has obtained any necessary CITY permits or entitlements required for a specific use at the Premises (and subject to any conditions of the permit or entitlement, with the most restrictive standard prevailing should any conflict arise), LESSEE may conduct accessory activities on the Premises that are incidental, appropriate, and subordinate to the use of the Premises for "Agriculture, General Use," such as:
a. Temporary Minor Structures. LESSEE may place accessory structures that are temporary and minor in nature on the Premises if such structure is incidental to LESSEE's operations and if LESSEE can fully secure the structure from damage or unauthorized entry. Allowable temporary structures may include but are not limited to metal conex shipping containers.
b. Beehives. LESSEE may maintain no more than two beehives on the Premises, subject to all requirements of the Sacramento City Code, if the beehives are maintained to minimize potential conflicts with neighbors as follows: beehives shall be a minimum of 150 feet away from 34th Avenue and/or any residence; beehives shall be a minimum of 50 feet away from the greenhouse or buildings on the Premises; and beehive(s) shall be oriented in such a way that the entrance(s) face a direction away from the 34t h Avenue and east and west property lines.

D. Prohibited Uses.
(1) Maximum Capacity. In addition to any other restrictions identified in the Sacramento City Code or any permits or entitlement(s) for uses on the

Premises, LESSEE shall not, under any circumstance, allow greater than 50 individuals per acre on the Premises at any given time. Where standards of an entitlement, permit, or Sacramento City Code are more restrictive than standards in this Lease, the most restrictive standards shall apply. Given the proximity of the Premises to the Executive Airport, the purpose of this 50-person per acre restriction is to protect the health, safety, and welfare of individuals at the Premises.
(2) Nuisances; Quiet Enjoyment. LESSEE shall not permit or engage in any activity on the Premises which is a public or private nuisance or disturbs the quiet enjoyment of neighboring residents.
(3) Marijuana. LESSEE is prohibited from cultivating marijuana or producing any marijuana-containing products on the Premises in any manner, medical or otherwise.
(4) No Major Improvements or Permanent Uses. LESSEE shall not complete major improvements at the Premises, including without limitation construction of new buildings or structures, installation of foundations for future buildings, installation of aquaculture operations, or energy generation systems. Any such uses require prior written City approval and an amendment to this Lease.
(5) No Unlawful Uses. LESSEE shall conduct its activities in a safe and professional manner and in accordance with all applicable laws, codes, orders, regulations and ordinances of all governmental authorities having jurisdiction over the Premises and the activities therein. (6) No Unsanitary or Hazardous Conditions. LESSEE shall not permit or engage in any activity on the Premises which poses a threat to public health, safety, and welfare. LESSEE shall not deposit, spill, pour, discharge or otherwise release into, or through the soil or groundwater on the Premises any Hazardous Substances, as defined in Section 6(B). LESSEE is prohibited from the use of pesticides or fertilizers on the Premises, except for those pesticides or fertilizers allowed by the United States Department of Agriculture's National Organic Program. LESSEE shall promptly comply with written reasonable orders that may be issued from time to time by the CITY as to matters concerning the operation of the Premises as it may affect the best interests of the public using the Premises.

5. LESSEE'S OPERATIONS.

A. Equipment, Site Access, and Hours of Operation. LESSEE shall limit hours of operation as follows:
(1) The use of heavy equipment on the Premises for agricultural operations, including but not limited to tractors, shall be limited to initial preparation of the land for agriculture use pursuant to the standards of the Sacramento City Code.
(2) Vehicular access to the Premises shall be via 34th Avenue from 24th Street only. Delivery trucks shall not travel within the north-south residential arterial streets in the residential neighborhood to the north of the Premises, including El Arado Way to the northwest of the Premises, and Jack's Lane to the northeast of the Premises, and all arterials in between.

B. Project Manager. The LESSEE shall send a written request to the City Representative at the address and in accordance with the notice requirements listed in Section 22 identifying a proposed Project Manager responsible for day- to-day site operations, coordination of site activities, and coordination with the CITY. Approval by the City Representative shall not be unreasonably withheld, and City shall have no right to affirmatively propose a Project Manager. Approval by the City Representative shall be required prior to LESSEE changing the responsible Project Manager.

C. Subleases.
(1) Permitted Subleases. The sublease of portions of the Premises will only be permitted upon prior written approval by the CITY approving the sublessee and the permitted uses of that sublessee. LESSEE has the discretion to consider, evaluate, and propose sublessees for approval by the City Representative.
(2) City Approval. If LESSEE desires to sublease portions of the Premises, LESSEE shall send a written request to the City Representative at the address and in accordance with the notice requirements listed in Section 22 and shall provide the name, type of operation, and number of employees of the proposed sublessee, along with the approximate square footage to be occupied by sublessee and what rent, if any, is to be charged.

Approval by the City Representative shall not be unreasonably withheld, and City shall have no right to affirmatively propose sublessees. Except as specifically allowed in this Section 5(C), LESSEE shall not be permitted to sublease portions of the Premises.

(3) Conditions of Sublease.
a. Fees. LESSEE shall only charge reasonable fees for such subleases. b. Rules and Regulations. LESSEE may impose reasonable rules and regulations on such subleases to protect the Premises and the rights of all individuals who desire to use the facilities in a safe, peaceful, and lawful manner. Such rules may include differential rates for non- profit versus for-profit organizations.
c. Written Records. LESSEE shall maintain written records regarding its subleases of the Premises for a period of three years following the termination or expiration of this Lease. LESSEE must also allow CITY to inspect such records upon request.
d. Term of Sublease. Any subleases shall terminate upon termination of this Lease.
e. Sublessee Uses. LESSEE shall ensure that all sublessees comply with the use requirements set forth in Section 4 of this Lease. f. Sublessee Obligations. LESSEE shall require and verify that all sublessees maintain the insurance coverage set forth in Exhibit C, release the CITY from liability to the same extent as set forth in Section 14 below, and indemnify the CITY to same extent as set forth in Section 15 below. LESSEE must also provide a copy of this Lease to all sublessees and include a provision in all subleases stating that the sublessee's activities on the Premises must be in accordance with all provisions of this Lease.

D. Compliance with Laws. LESSEE shall be responsible for ensuring the Premises are in compliance with the California Building Standards Code (Title 24 of the California Code of Regulations), and federal and state disability laws, including the Americans with Disabilities Act.

E. Non-Discrimination. LESSEE agrees that in its operation of the Premises, it shall not discriminate against any person on account of their sex, color, race, religious creed, disability, ancestry, national origin, sexual orientation, medical condition, marital status, age, gender, military or veteran status, or genetic information in violation of the Fair Employment and Housing Act or the Unruh Civil Rights Act.

Upon a final determination by a court of competent jurisdiction that LESSEE has violated either of these Acts, the CITY may, at its option, terminate this Lease.

F. Signs. LESSEE shall not place any permanent or temporary signage, including,

without limitation, commercial or advertising signs, on or visible from the exterior of the Premises, unless the sign is related to the name of organizations operating at the Premises, a program or event at the Premises such as an urban market or farm stand, or a sublessee's business, and the sign is in compliance with the Sacramento City Code standards for permanent and temporary signage. Any sign placed in violation of the Sacramento City Code shall be subject to immediate removal by CITY without compensation to LESSEE and LESSEE shall be responsible for all costs associated with such removal.

G. Individuals Working with Children. If any individual on the Premises, including without limitation employees, volunteers, sublessees, or subcontractors of LESSEE or any sublessee is to perform services at the Premises which include supervisory or disciplinary authority over any minor child, LESSEE is responsible for ensuring that such individual first obtain a Department of Justice (DOJ) clearance for that individual, and require such clearance be provided to LESSEE prior to any such persons exercising such supervisory or disciplinary authority over minors at the Premises. LESSEE shall submit proof or certification of such DOJ clearances to CITY upon request. Any person who has been convicted of an offense listed in Public Resources Code Section 5164 shall be prohibited from working or performing volunteer services at the Premises. Any violation of the provisions of this Section 5(G) shall be an Event of Default by LESSEE.

H. Utilities and Services.
(1) LESSEE shall have access to and pay all charges and assessments for the following utilities and services: water, garbage, storm drainage and sewer.

LESSEE will also be responsible for any other costs of maintaining or operating the Premises. For example, LESSEE must provide its own security measures and cleaning services for the Premises and LESSEE will be responsible for all costs associated with any security or cleaning. (2) LESSEE's use of additional utilities or services for the Premises that are not listed in Section 5(H)(1) will only be permitted upon written amendment to this Lease. Additional utilities or services may include but are not limited to telephone and internet services; and gas and electricity, if any. LESSEE shall be responsible for any costs of additional utilities or services.

I. Recycling. LESSEE shall participate in recycling programs established by the CITY.

LESSEE shall be responsible for separating cans, cardboard, paper, and glass for proper recycling disposal. LESSEE shall use 100% bio-compostable paper and corn products where available, and continue to increase the use of recyclable products as they become available.

J. Individuals Trespassing on Premises. The CITY is not responsible for the actions of any individuals trespassing on the Premises and the CITY is not responsible for removing any uninvited guests at the Premises, or removing personal property of trespassers from the Premises. LESSEE is solely responsible for maintaining adequate security to protect its activities and equipment on the Premises.

K. COVID-19. LESSEE must take all reasonable precautions to prevent the spread of the COVID-19 virus at the Premises according to the recommendations of the Centers for Disease Control and Prevention, California Department of Public Health, Sacramento County Department of Health Services, or any other governmental entity that issues COVID-19 recommendations, including without limitation those recommendations regarding sanitation of work sites and equipment, hand-washing, wearing masks, and social distancing. The CITY does not assume responsibility for protecting the Premises or any individuals on the Premises from exposure to COVID-19 or for any damages resulting from such exposure.

6. NO WARRANTIES BY CITY.

A. LESSEE acknowledges that the Premises are provided to LESSEE in their "as is, with all faults" condition. In addition, LESSEE acknowledges and agrees that CITY has not and does not hereby make any representation or warranty of any kind concerning the Premises, including the suitability of the Premises for LESSEE's intended use, presence of any Hazardous Substances as defined in Section 6(8), compliance with laws related to Hazardous Substances, or any other statutes, ordinances, rules or regulations, or the certainty of obtaining any land use entitlements. LESSEE understands and agrees that any responsibility to obtain land use entitlements, and the cost thereof, is solely the responsibility of LESSEE, and CITY makes no commitment or representation with respect thereto, and reserves all of its land use authority and discretion in reviewing any application for such entitlements. LESSEE represents and warrants that it has independently made a full and thorough investigation and examination of the Premises, including soil testing, and that it is entering into this Lease relying only upon facts ascertained from said independent investigation.

B. As used in this Lease, the term "Hazardous Substances" means any substance, material, waste or other pollutant or contaminant that is or becomes designated, classified and/or regulated as hazardous or toxic under any federal, state or local law, statute, ordinance, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. Any liability associated with the presence of any Hazardous Substances on or adjacent to any portion of the Premises, or contamination of agricultural products due to the presence of any Hazardous Substances, shall be governed by the release of liability provisions of Section 14 and indemnity provisions of Section 15 below, regardless of whether

any inspection, examination, sampling, testing, assessment or other investigation is conducted by CITY.

7. ACKNOWLEDGEMENT OF CONTAMINATION. In addition to the foregoing, LESSEE specifically acknowledges that it was given notice from the CITY of prior contamination at the Nursery Site, including without limitation the presence of lead, and a copy of reports prepared by the CITY's environmental consultant explaining the presence of Hazardous Substances and subsequent remediation, including but not limited to the report provided in Exhibit D. LESSEE hereby acknowledges that, pursuant to California Health & Safety Code section 25359.7, it has been advised in writing that a release of Hazardous Substances occurred on or beneath the Nursery Site. LESSEE further acknowledges that LESSEE will notify any potential Nursery Site sub-lessee of such release of Hazardous Substances and include this paragraph in any sub-lease it executes for the Nursery Site.

LESSEE's initials:

8. RECORDS. LESSEE shall, at all times during the term of this Lease and for a period of 3 years thereafter, keep true, accurate, and complete financial records and accounts of its operations under this Lease and such other financial or business records as may be required by CITY. CITY shall have the right at all reasonable times, and upon advance notice to LESSEE, to examine and audit these records and accounts. LESSEE shall require all sublessees to also maintain records according to the provisions of this section.

9. CITY'S RIGHT OF ENTRY.

A. CITY reserves the right to enter the Premises at reasonable times during normal business hours to carry out any building management or business purpose in or about the Premises as well as to determine if LESSEE is performing its required maintenance responsibilities, as defined in Section 10 below. Should CITY determine that LESSEE is not performing its required maintenance responsibilities, CITY shall notify LESSEE in writing of any maintenance deficiency. LESSEE shall have 30 days from receipt of CITY's notice to cure the maintenance deficiency. If LESSEE does not cure the noted deficiencies within 30 days, CITY may then take action to cure the deficiency as detailed in Section 10, below.

B. CITY, at its sole discretion, may make a detailed and formal inspection of the Premises and evaluation quarterly, commencing on or about four months from the Effective Date of the Lease to ensure compliance with this Lease by LESSEE.

Quarterly site inspections are for the purpose of reviewing conditions of the Premises and identifying interim maintenance needs, including but not limited to review of the conditions of lighting, electrical, irrigation, and mechanical systems, and heating, ventilation, and air conditioning systems. Following each formal inspection, CITY shall prepare a written report and give a copy to LESSEE.

Deficiencies as determined by CITY in its sole discretion and specified in the report shall be cured by LESSEE within 30 days after receipt of written notification of the deficiency by CITY.

10. MAINTENANCE RESPONSIBILITIES.

A. LESSEE is solely responsible, at its sole cost and expense, for maintaining the Premises in a safe, sanitary and orderly condition, including maintenance of all exterior areas within the Premises. All broken or damaged items shall be removed and replaced by LESSEE within 30 days of damage.

B. Maintenance of the Premises by LESSEE shall include litter removal, irrigation, weeding, pruning, pest control, and removal of dead or diseased plant materials.

In addition, LESSEE shall be responsible for trimming and maintaining the plants that abut the sidewalk along the northern site perimeter, including but not limited to the oleander bushes extending into the right-of-way. LESSEE shall be responsible for ensuring that plants along the northern site perimeter are maintained for safety and to minimize obstructions to the right-of-way. LESSEE shall segregate garbage and composting areas from the street and adjacent properties by utilizing landscaping, fencing, or storage within containers.

Compost piles and containers shall be set back a minimum of 20 feet from any street.

C. In accordance with Section 9 above, irrigation systems, electrical systems, and other systems shall be inspected at least quarterly by the CITY, with 30 days' advance notice provided by CITY. If CITY identifies any problems during these inspections, CITY shall notify LESSEE in writing of such problems and provide a reasonable time period for LESSEE to correct such problems. The inspection and maintenance of facilities shall be documented in a written report prepared by the CITY, including the date of the inspection and/or maintenance, and the specific findings, recommendations, or actions taken. A copy of any such written report shall be provided to LESSEE.

D. Upon LESSEE's failure to properly maintain or repair the Premises, as determined by the CITY, CITY may perform such work, upon CITY's election. Prior to CITY performing such work, CITY shall give written notice of its intention to perform the work and the estimated cost to LESSEE, if any. LESSEE shall reimburse CITY for costs of the work, if reimbursement is required, within thirty (30) days after receipt of the invoice from CITY which details the work performed and costs incurred.

11. LESSEE ALTERATIONS.

A. Minor Repairs. In accordance with Section 10 above, LESSEE is required to maintain the Premises and thus may undertake minor repairs or modifications (at LESSEE's sole expense) to the irrigation systems of the Premises without advance written approval by CITY. "Minor repairs" are those that do not require a building permit from CITY. LESSEE shall notify the City Representative in advance of such minor repairs or modifications. LESSEE shall provide detail regarding all Minor Repairs to the CITY prior to the commencement of any Renewal Term.

B. City Permits. LESSEE shall obtain CITY building permits for all improvements requiring a permit, and shall comply with all laws and regulations applicable to such improvements including, but not limited to, building codes, fire codes, disability laws, CEQA, and zoning. Such permits may include land use entitlements for uses not allowed by right on the Premises. LESSEE shall assume all fees and charges levied in connection with issuance of CITY permits.

C. Standard of Performance. All improvements shall be completed in a good and workmanlike manner, shall substantially comply with plans and specifications submitted to CITY as required by this Lease, and shall comply with all applicable governmental permits, laws, ordinances, and regulations. As specified above in Section 5(D), LESSEE shall be responsible for ensuring the Premises are in compliance with the California Building Standards Code (Title 24 of the California Code of Regulations), and federal and state disability laws, including the Americans with Disabilities Act.

D. Public Project Laws. In constructing any improvements or making repairs, Lessee shall comply with all applicable state and CITY requirements for the bidding and construction of public projects, including but not limited to, competitive bidding of the work and compliance with prevailing wage laws.

E. Liens. LESSEE shall not suffer or permit to be enforced against the Premises or any portion thereof any mechanic's, material man's, contractor's, or subcontractor's lien arising from any work of improvement, however it may arise.

F. City's Rights upon Termination. "Real property" is defined as land and anything permanently affixed to the Premises. Any real property alterations, improvements, additions, or fixtures that are permanently affixed to the Premises by LESSEE or LESSEE's agents, employees, invitees, sublessees, contractors or subcontractors shall become the property of CITY upon termination of this Lease or upon the expiration of the Lease, whichever occurs first, without the requirement of reimbursement to LESSEE therefor. Such improvements exclude LESSEE's "trade fixtures," which are defined as pieces of equipment on or attached to the real property of the Premises, which are used in a trade or businesses, and

may be removed from the real property of the Premises at the end of the tenancy of the LESSEE. For purposes of this Lease, trade fixtures may include but are not limited to lighting fixtures, solar photovoltaic panels affixed to the Premises, and new structures that are constructed by LESSEE on the Premises but not permanently affixed.

12. DAMAGE OR DESTRUCTION.

A. Major Damage. "Major damage" is damage to the buildings or grounds which occurs as a result of any single incident, such as an accident or damage from a storm or vandalism, and will require an expenditure of more than $5,000 to remedy. LESSEE shall be responsible, at its sole cost, for repairing any major damage. LESSEE shall notify CITY within ten (10) days in the event that any major damage occurs to, or is discovered on, the Premises and LESSEE's plan to remedy the problem. CITY may require LESSEE to prepare a report regarding the cause of the major damage and such report shall be submitted by LESSEE within fifteen (15) days from the date of the request by CITY. If LESSEE is unable to repair the Premises, or if CITY determines in its sole discretion that the Premises are unsafe or unsuitable for public use, then CITY shall have the right to terminate the Lease upon 30 days' written notice to LESSEE.

B. Minor Damage. "Minor damage" is defined as damage to the buildings or grounds which occurs as a result of any single incident, such as an accident or damage from a storm or vandalism, and will require an expenditure of no more than $5,000.

LESSEE shall be responsible, at its sole cost, for repairing any minor damage. In the event of minor damage to the Premises from any cause, LESSEE shall notify CITY within ten (10) days of the damage and the Parties shall meet to determine whether LESSEE's insurance or other funding mechanism is available to cover the costs of the necessary repairs. CITY may order LESSEE to refrain from use of those portions of the Premises which are damaged and deemed unsafe or unsuitable for public use, or to take other measures to protect the public and the Premises until such repairs can be made. Minor damage of the Premises for which CITY and LESSEE decline to repair shall not annul or void this Lease if CITY and LESSEE mutually agree that the remaining portion of the Premises is still safe and suitable for public use and the Parties execute an amendment to this Lease to redefine the Premises.

13. TAXES AND ASSESSMENTS. LESSEE shall pay before delinquency all lawful taxes, assessments, fees, or charges which at any time may be levied by the State of California, County of Sacramento, CITY, or any tax or assessment levying body upon any interest in this Lease or any possessory right which LESSEE may have in or to the Premises covered hereby or improvements thereon by reason of the use or occupancy thereof or otherwise, as well as all taxes, assessments, fees, licenses, and charges on goods, merchandise, fixtures, appliances, and equipment owned or used by LESSEE in or about the Premises.

LESSEE is also responsible for the payment of possessory interest tax. Pursuant to Section 107.6 of the California Revenue and Taxation Code, there may be a possessory interest tax levied by virtue of this Lease. LESSEE shall be billed and shall pay the possessory interest tax directly to the County Assessor's Office.

14. RELEASE OF LIABILITY. LESSEE shall release and hold CITY harmless for loss of or damage to property and equipment, or personal injury, of LESSEE and its officers, employees, agents, contractors, subcontractors, invitees, volunteers, and others acting under its or their authority while such individuals, property or equipment is in or on the Premises, except where such loss of or damage to property and equipment, or personal injury, results from the sole negligence or willful misconduct of CITY and its officials, employees, agents or volunteers. LESSEE and its officers, employees, agents, contractors, subcontractors, invitees, volunteers, and others acting under its or their authority have inspected the Premises or will inspect the Premises prior to commencement of any work under this Lease and represent to CITY that: (a) they accept the Premises in its present condition; (b) they will make the Premises safe for any activity under their care and control on the Premises, whether or not permitted activities; and (c) CITY is not and shall not be obligated to make Premises safe or suitable for use by LESSEE or for anyone on the Premises at the invitation or sufferance of LESSEE, or otherwise to prepare the Premises or access to the Premises in any manner whatsoever. CITY does not assume, by this Lease or otherwise, any responsibility for, or to protect against, personal injury suffered, or any loss, damage, theft or vandalism of any property or material which may be placed on the Premises by LESSEE or its officers, employees, agents, contractors, subcontractors, invitees, volunteers, and others acting under its or their authority.

15. INDEMNITY.

A. LESSEE shall defend, hold harmless and indemnify CITY, its officers and employees, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs, and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by CITY's staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as "Liabilities"), including but not limited to Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, occurring in, on, or about the Premises or arising out of or in any way related to or connected with the performance of or failure to perform this Lease by LESSEE, its employees, invitees, subcontractors or agents, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder, or (ii) such Liabilities are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to Liabilities arising from the sole negligence or willful misconduct of CITY, its agents, servants,

or independent contractors who are directly responsible to CITY, except when such agents, servants, or independent contractors are under the direct supervision and control of LESSEE.

B. LESSEE understands and agrees that its liability to CITY shall not be limited to the amount of insurance coverage required under this Lease. The provisions of this Section 15 shall survive any termination or expiration of this Lease.

16. DEFAULTS.

A. Defaults by LESSEE. The occurrence of any of the following by LESSEE shall constitute an "Event of Default" under this Lease:
(1) Failure of LESSEE to keep, perform, or observe any obligation, promise, covenant, and condition set forth in this Lease within 30 days after receipt of written notice from CITY, including but not limited to LESSEE's failure to:
a. Cure maintenance items as specified in Section 10, or Minor or Major Damage as specified in Section 12.
b. Require DOJ testing of individuals exercising supervisory or disciplinary authority over minors pursuant to Section 5(G). c. Operate the site for only the permitted uses specified in Section 4. d. Comply with the Sacramento City Code, including any necessary permits or entitlements for uses on the Premises, pursuant to Section 4.
e. Cure or avoid conditions that pose a threat to public health, safety, and welfare pursuant to Section 4(D)(6).
f. Obtain written approval from CITY for the site Project Manager pursuant to Section 5(B).
g. Comply with the maximum capacity of no greater than 50 individuals per acre on the Premises at a given time pursuant to Section 4(D)(1).
h. Grant subleases only upon written approval by the City Representative pursuant to Section 5(C).
(2) LESSEE's vacation or abandonment of the Premises, or failure of LESSEE to operate the Premises according to the uses specified in this Lease. (3)

The appointment of a receiver to take possession of all or substantially all of the assets of LESSEE, a general assignment by LESSEE of its assets for the benefit of creditors, or any action taken or suffered by LESSEE under any insolvency or bankruptcy act.

17. REMEDIES OF CITY. The following rights and remedies shall be available to CITY in the event LESSEE commits any act of default during the term of this Lease. Unless a different time period is set forth elsewhere in this Lease, LESSEE shall be deemed to be in default only after receipt of written notice from CITY specifying the nature of the violation and LESSEE's failure to cure said violation within thirty (30) days after receipt of the notice.

These rights and remedies shall not be exclusive, but shall be cumulative, and in addition to any and all rights and remedies now or hereafter allowed by law:

A. Even though LESSEE is in default or breach of this Lease, or abandons the Premises, this Lease shall continue in full force and effect for so long as CITY does not terminate LESSEE's right to possession of the Premises; and CITY shall be entitled to enforce all its rights and remedies under this Lease, including the right to collect rent as it becomes due. It is hereby specifically agreed between the Parties that acts of maintenance or efforts to re-let the Premises, and/or the appointment of a receiver on initiative of CITY to protect CITY's interest under this Lease, will not constitute a termination of LESSEE's right to possession. CITY shall not be deemed to have elected to terminate LESSEE's right to possession of the premises unless CITY gives written notice of such election to terminate.

B. CITY may elect, by written notice to LESSEE, to terminate LESSEE's right to possession of the Premises at any time after the occurrence of any act of default by LESSEE, if said default is not cured within thirty (30) days of written notice of said default.

C. Upon termination, LESSEE shall immediately surrender possession of the Premises to CITY. CITY shall be entitled to recover from LESSEE all damages incurred by CITY by reason of LESSEE's default, including, without limitation, the costs of recovering possession of the Premises, unpaid rental amounts, expenses for reletting, including necessary renovation and alteration of the Premises, and reasonable attorneys' fees, whether for outside counsel or the City Attorney. Efforts by CITY to mitigate the damages caused by LESSEE's breach of this Lease shall not waive CITY's right to recover damages. Nothing in this Section 17 shall affect the right of CITY to indemnification against liability arising from or related to acts or events occurring prior to the termination of this Lease for personal injuries or property damage, or against mechanic's liens or other liens, claims or expenses.

18. INSURANCE REQUIREMENTS. During the term of this Lease, LESSEE shall maintain in full force and effect at its sole cost and expense, the insurance coverage specified in Exhibit C, attached hereto and incorporated herein by reference. LESSEE shall also require and verify that any sublessees maintain the insurance requirements set forth in Exhibit C.

19. ASSIGNMENT AND HYPOTHECATION. LESSEE shall not directly or indirectly assign or hypothecate any interest in the leasehold estate under this Lease. LESSEE is directly responsible for all events, activities, or services conducted or provided on the Premises.

Use of the Premises by any other organization or individual shall not relieve LESSEE of its obligations under this Lease. LESSEE shall not directly or indirectly use, or permit to be used, the Premises or improvements for security for any debt. Excepting only a change in name, the term "assignment" shall include, but not be limited to, any change in the form of business entity of LESSEE, any merger or consolidation of LESSEE from that of a California nonprofit corporation, whether voluntarily or by operation of law, providing, however, that a change of status due only to a change in the California Corporation Code shall not be deemed to be an assignment.

20. WAIVER. The waiver by either Party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition herein contained. No delay or omission to exercise any right, power, or remedy accruing to CITY under this Lease shall impair any right, power, or remedy of CITY, nor shall it be construed as a waiver of, or acquiescence in, any breach or default. No waiver shall be valid unless in writing and signed by the waiving party.

21. SURRENDER. At the end of the term of this Lease, or at any time this Lease may be terminated, LESSEE shall peaceably vacate the Premises and any and all improvements located thereon and deliver up the same to CITY in a reasonably good condition, ordinary wear and tear excepted. The Premises shall be restored to its original condition, ordinary wear and tear excepted. Should LESSEE fail to remove said items upon surrender of the Premises, LESSEE shall lose all right, title and interest in and to said items, and CITY may elect to keep same upon the Premises or to sell, remove or demolish them without the requirement to reimburse LESSEE therefor.

22. NOTICES. Except as otherwise stated in this Lease, all notices and demands herein required to be given by CITY to LESSEE or by LESSEE to CITY shall be in writing and delivered in person or by first-class mail to the following addresses, and all LESSEE requests for items requiring CITY approval shall be sent to the following City Representative:

City Representative:

City of Sacramento
Department of Public Works
915 I Street, 2nd Floor
Sacramento, CA 95814
Attn: Steve Ward, Real Property Agent
Email: [email protected]
Phone: 916-808-1081

LESSEE Representative:

Planting Justice
319 105th Avenue
Oakland, CA 94603
Attn: Gavin Raders, Co-Director
Email: [email protected]
Phone: 510-435-1316

23. AMENDMENT. Any amendment to this Lease shall be in writing and signed by LESSEE and by CITY in accordance with applicable provisions of the Sacramento City Code.

24. NO JOINT VENTURE. The Parties to this Lease do not constitute a joint venture, partnership or association other than that of landlord and tenant pursuant to this Lease.

25. LESSEE NOT AGENT. Except as CITY may specify in writing, LESSEE and LESSEE's personnel shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. LESSEE and LESSEE's personnel shall have no authority, express or implied, to bind CITY to any obligations whatsoever.

26. TIME OF THE ESSENCE. Time is of the essence in the performance of this Lease.

27. EXCUSABLE DELAYS. If any act required by this Lease to be performed by either CITY or LESSEE is prevented or delayed by reason of an act of God, strike, lockout, labor disputes, inability to secure materials or permits, restrictive governmental laws or regulations, or any other cause, except financial inability, beyond the reasonable control of the Party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay. However, nothing contained in this Section 27 shall excuse the prompt payment owed by LESSEE as required by this Lease or the performance of any act rendered difficult solely because of the financial condition of LESSEE.

28. HEADINGS. Any headings, captions, or titles contained in this Lease are provided solely to facilitate reference to various sections and subsections of the Lease and in no way affect or limit the interpretation of the provisions to which they refer.

29. ENTIRE AGREEMENT. This Lease and all exhibits contain the entire agreement between the Parties and supersede whatever written or oral understanding the Parties may have had prior to execution of this Lease.

30. SEVERABILITY. If any portion of this Lease or the application thereof to any person or circumstance shall be held invalid or unenforceable, the remainder of this Lease shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

31. CONDEMNATION. In the event that any entity, other than CITY, with the power of eminent domain shall take the Premises, or any part thereof, actually using the power of eminent domain or negotiating under the threat of the use of the power of eminent domain, then:

A. In the event of taking of the entire Premises, this Lease shall be terminated when title passes to the condemnor or when possession is obtained by the condemnor, whichever shall first occur; or
B. In the event of taking of less than the entire Premises, LESSEE shall have the right to terminate the Lease by giving 30 calendar days advance written notice to CITY.

32. GOVERNING LAW. This Lease shall be construed and enforced in accordance with the laws of the State of California. Venue of any litigation arising out of or connected with this Lease shall lie exclusively in the state trial court or federal district court located in Sacramento County in the State of California.

33. AUTHORITY. The person signing this Lease for LESSEE hereby presents and warrants that he/she is fully authorized to sign this Lease on behalf of LESSEE and to bind LESSEE to the performance of its obligations hereunder.
[Signature Page Follows]

Executed as of the Effective Date written above.

LESSOR: CITY OF SACRAMENTO,
a municipal corporation
Hector Barron, Assistant City Manager
For: Howard Chan, City Manager
APPROVED AS TO FORM:
adie-4411 ,
By: MaiL, Hansen (Jun 29.2020 10:55 PDT)
Deputy City Attorney
ATTEST;
tiet
By:vven Klock-Johnson (Jul 2,2020 10:04 PDT)
City Clerk
LESSEE: PLANTING JUSTICE,
a California nonprofit corporation
BY:

Name: Gavin Raders
Title: Co-Director
State I.D. No.: C3196931
Attachments:

Exhibit A: Legal Description of the Tree Nursery Site
Exhibit B: Diagram of Premises
Exhibit C: Insurance Requirements
Exhibit D: Soil Excavation Report for the Tree Nursery Site

EXHIBIT A: LEGAL DESCRIPTION OF THE TREE NURSERY SITE

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SACRAMENTO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

All that portion of the Northeast 1/4 of the Northwest 1/4 of Section 25, Township 8 North, Range 4 East, M. D. B. & M., described as follows:

Beginning at the Southwest corner of Terra Bonita Vista, according to the official plat thereof filed in the office of the Recorder of Sacramento County, California, in September 19, 1949, in Book 29 of Maps, Map No. 27; thence along the South line of Terra Bonita Drive as shown on said plat and its extension Easterly, South 89° 55' East 1298.99 feet to the East line to the East line of the Northwest 1/4 of said Section 25; thence along the quarter section line, South 0° 44' West 245.01 feet to the Northeast corner of that certain 5.40 acre tract of land described in the deed from Rancho Del Rio Land and Development Company to City of Sacramento, dated February 28, 1917, recorded March 16, 1917 in Book 466 of Deeds, at page 40; thence along the North line of said 5.40 acre tract, North 89° 55' West 1297.56 feet; thence North 0° 24' East 245.00 feet to the point of beginning.

EXCEPTING THEREFROM all that certain property described in Deed to Sacramento Municipal Utility District, a municipal utility district, recorded October 29, 1957 in Book 3392, Page 582, of Official Records.

ALSO EXCEPTING THEREFROM all that certain property described in Deed to Lanai Properties, a general partnership, recorded January 7, 1983, in Book 830107, Page 0547, of Official Records.

APN: 035-0010-042

EXHIBIT B: DIAGRAM OF PREMISES
This Lease grants use of a portion of the Site, the Premises, as identified below in red and exclusive of any structures. The western border of the Premises shall be no closer than 20' feet from any City building, which may also be demarcated by City-provided fencing.

EXHIBIT C: INSURANCE REQUIREMENTS
During the term of this Lease, LESSEE shall maintain in full force and effect at its own cost and expense the insurance coverage described in this Exhibit. By requiring the insurance herein, the CITY does not represent that the coverage and limits will necessarily be adequate to protect the LESSEE. It is understood and agreed by the LESSEE that the required insurance coverage and limits shall not be deemed as a limitation on LESSEE'S liability under the indemnities granted to the CITY in this Lease.

No compensation will be provided by CITY for LESSEE's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the CITY.

Insurance requirements are subject to review and revision every five (5) years to assure that policy terms, conditions and limits are maintained in accordance with current insurance industry standards for comparable premises and buildings.

A. Minimum Scope & Limits of Insurance Coverage
(1) Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury including death of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000). Said policies shall include coverage for premises, operations, products and completed operations, contractual liability and liquor liability for the term of the policy.

Liquor liability insurance shall not be required if LESSEE completes the following certification:
"I certify that alcohol will not be served on any premises leased under this Lease." 6, (LESSEE initials)
(2) Workers' Compensation Insurance with statutory limits, and Employers' Liability Insurance with limits of not less than one million dollars ($1,000,000) are required. The Worker's Compensation policy shall include a waiver of subrogation in favor of the City.
(3) Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per accident. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the LESSEE.

No automobile liability insurance shall be required if LESSEE completes the following certification:
"I certify that a motor vehicle will not be used in the performance of any work or services under this agreement." 6. Acc (LESSEE initials) (4) Excess Insurance: The minimum limits of insurance required above may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance shall contain, or be endorsed to contain, a provision that it shall apply on a primary basis for the benefit of the CITY, and any insurance or self-insurance maintained by CITY, its officials, employees, or volunteers shall be in excess of such umbrella or excess coverage and shall not contribute with it.

B. Additional Insured Coverage.
(1) Commercial General Liability Insurance. The CITY, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insured as respects general liability arising out of activities performed by oe on behalf of the LESSEE including products and completed operations of LESSEE and premises owned, leased or used by LESSEE. (2) Automobile Liability Insurance: The CITY, its officials, employees, and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability.

C. Other Insurance Provisions.

The policies are to contain or be endorsed to contain the following provisions:
(1) LESSEE's insurance coverage, including excess insurance, shall be primary as respects the CITY, its officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officials, employees or volunteers shall be in excess of LESSEE's insurance and shall not contribute with it.
(2) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officials, employees and volunteers.
(3) Coverage shall state that LESSEE'S insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability.

(4) The CITY will be provided with thirty (30) days written notice of cancellation or material change in the policy terms or language.

D. Acceptability of Insurers.

Insurance shall be placed with insurers with a Bests' rating of not less than A:VI.

Self-insured retentions, policy terms or other variations that do not comply with the requirements of this section must be declared to CITY's representative and approved by the CITY Risk Management Division in writing prior to execution of this Lease.

E. Verification of Coverage.
(1) LESSEE shall provide initial insurance documents to the City Representative prior to execution of the final Lease. Copies of policies shall be delivered to the CITY on demand. Certificate of insurance shall be signed by an authorized representative of the insurance carrier. (2) For all insurance policy renewals during the term of this Lease, LESSEE shall send insurance certificates and endorsements reflecting the policy renewals directly to:

City of Sacramento
c/o EXIGIS LLC
P.O. Box 4668 ECM - #35050
New York, NY 10168-4668
FAX: (888) 355-3559
EMAIL: [email protected]
(3) The CITY may withdraw its offer or cancel this Lease if the certificates of insurance and endorsements required have not been provided prior to execution of this Lease. Failure to provide insurance certificates and endorsements and keep such certificates and endorsements current will be considered a material breach by LESSEE of this Lease.

F. Contractors and Sublessees
LESSEE shall require and verify that all contractors, subcontractors, and sublessees maintain insurance coverage that meets the minimum scope and limits of insurance coverage specified in subsections A, B, C and D above.

EXHIBIT D: SOIL EXCAVATION REPORT FOR THE TREE NURSERY SITE

TO BE INSERTED

SACAMENTO
Office of the Cpty Clerk

CONTRACT

ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.

General Information (Required)
Original Contract # (supplements only): 2020-1441
Assessor's Parcel Number(s): 035-0010-042
Contract Effective Date:
$ Amount (Not to Exceed): 0.00
Other Party: Planting Justice
Project Title: Tree Nursery Lease
Supplement/Addendum #: 1
Contract Expiration Date (if applicable):06/30/2022
Adjusted $ Amount (+/-):

Project #: Bid/RFQ/RFP #:

City Council Approval: NO
Contract Processing Contacts
Department: Public Works
Contract Coordinator: Steve Ward
if YES, Council File ID#:

Project Manager: Steve Ward
Email: [email protected]
Department Review and Routing
Accounting:

Supervisor:

Division Manager:

Other:
(Signature)
(Date) Jan 10, 2022
(Signature) (7s,ilef chtdeefee (Date)
James Christensen (Jan 12,2022 12:03 PST)

Jan 12, 2022
(Signature) (Date)
(Signature) (Date)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) Recording Requested Other Party Signature Required
Richard Sanders (Jan 10, 2022 13:35 PST)
FOR CLERK & IT DEPARTMENTS ONLY DO NOT WRITr 71-74T- THIS LINE --\,2020-1441-01
CC Rev. 12.19.2018

Contract #2020-1441-01

FIRST AMENDMENT AND CONSENT TO SUBLEASE
1920 34 TH AVENUE, SACRAMENTO CA
(CITY AGREEMENT 2020-1441)
Jan 12, 2022, 2022 This First Amendment and Consent to Sublease ("First Amendment") is made as of ("Effective Date"), by and between the City of Sacramento, a municipal corporation ("City"), and Planting Justice, a California nonprofit corporation ("Lessee"). City and Lessee are hereinafter collectively referred to as the "Parties" or in the singular as "Party," as the context requires.

Background
A. City and Lessee entered into a Lease Agreement ("Lease") dated July 1, 2020 (City Agreement 2020-1441) under which City leased to Lessee a portion of the property known as 1920 34th Avenue, Sacramento CA, which is the site of a former City tree nursey. The leased Premises are more particularly described in Section 1 of the Lease. The Premises were leased primarily for agricultural uses, as described in greater detail in Section 4 of the Lease.

B. The Lease was for an Initial Term of one year, plus four potential one-year Renewal Terms.

The Initial Term expired on June 30, 2021. Lessee provided written notice to City, pursuant to Section 2(B) of the Lease, of its desire to exercise its first one-year Renewal Term. City hereby confirms its approval of the first Renewal Term, which will extend the Lease until June 30, 2022.If all four Renewal Terms are exercised by Lessee and approved by City, the Lease will expire on June 30, 2025.

C. Additionally, Lessee desires to sublease a portion of the Premises to Three Sisters Gardens, a California nonprofit corporation. Lessee proposes leasing approximately 43,560 square feet to Three Sisters Gardens for agricultural activities (as described in further detail below). Three Sisters Gardens has approximately 1 employee. The proposed rent for Three Sisters Gardens would be $1.00 per year.

D. Section 5(C) of the Lease requires Lessee to obtain written consent of City prior to subleasing any portion of the Premises. City consents to such sublease to Three Sisters Gardens according to the terms and conditions set forth below.

Based on the foregoing background, City and Lessee agree as follows:

1. Capitalized Terms. Capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to such terms in the Lease.

2. Term. The Lease term is hereby extended until 11:59 p.m. on June 30, 2022.

3. Consent of City. Pursuant to Section 5(C) of the Lease, City consents to Lessee's sublease of a portion of the Premises to Three Sisters Gardens, which is shown in the attached Exhibit A. Such

sublease is permitted for the following uses (and no other uses without the advance written approval of City): organic and sustainable vegetable farming. Lessee will ensure that its sublease with Three Sisters Gardens conforms to all requirements of the Lease, including without limitation those specified in Section 5(C)(3) of the Lease.

4. Entire Agreement. This First Amendment, which includes all documents that are incorporated by reference, contains the entire agreement between the Parties with respect to the matters set forth in this First Amendment and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. Except as specifically modified herein, all terms and conditions of the Lease shall remain in full force and effect.

5. Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties agree that this document may be executed with electronic signatures.

6. Authority. The person signing this First Amendment for each of the Parties represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of their entity and to bind their entity to the performance of its obligations hereunder. [Signature Page Follows]

Executed as of the Effective Date stated above.

LESSEE: LESSOR:

Planting Justice, City of Sacramento
A California nonprofit corporation a municipal corporation

By: (
Ryan Moore, Director of Public Works
For: Howard Chan, City Manager

Raders (Jan 10, 2022 13:21 PST)

Name: Gavin Raders

Title: Co-Director

APPROVED AS TO FORM:

Mala a
*Zia-
nsen (Jan 12, 2022 14:30 PST)
By:

Deputy City Attorney
ATTEST:

ScutHarart1 C tysack Rc colds Mana 2c1 (Jan 13 2022 09 15 051) Assistant City Clerk

• CCESS ROUTE
-
Exhibit A
The area that will be subleased to Three Sisters Gardens is indicated in red:
0 1
,
4 willaliMP,

PLANTING JUSTICE AT CITY OF SACRAMENTO TREE NURSERY
Site Photos

1. Aerial photograph of former Tree Nursery at 1920 34th Avenue. Buildings outlined in red have been demolished. Yellow numbers and arrows indicate the location and direction of each photo.

Shade Structure

2. Main driveway entrance and parking lot

2 3
4 5
6

3. Existing shade structure

4. West side of the site looking east. Building in the photo has been demolished

5. Field area looking south 6. 6. Field area looking west. Buildings in photo have been demolished

16 N. PROJECT PERMIT/APPROVAL STATUS
Indicate the status of all federal, state, and local permits required for the project. Describe any potential delays due to permitting (indicate specific permits). If acquiring a long-term encroachment permit, submit evidence the entity with jurisdiction is aware of the project and is willing to work with Grantee to issue the permit.

This list is not all inclusive. It is Grantee’s responsibility to identify and obtain applicable permits.

Permitting Agency Type of Requirement
Required
Applied
Acquired
Date
Expected
State Agencies:

California Department of Fish
and Wildlife Lake or Streambed Alteration Agreement (Section 1600) California Department of Fish
and Wildlife
Incidental Take Permit or Consistency Determination (CESA) (California Endangered Species Act)
Department of Transportation Encroachment Permit
Coastal Commission Coastal Development Permit
Coastal Commission Letter of Consistency
Regional Water Quality Control
Board 401 Water Quality Certification or Waste Discharge Requirement State Water Resources Control
Board Water Rights Permit
State Water Resources Control
Board General Industrial Storm Water Permit
State Lands Commission Permit (if using State owned property) State Office of Historic
Preservation
Section 106 Consultation with State Historic Preservation Officer (National Historic Preservation Act of 1986)
Federal Agencies
U.S. Fish and Wildlife Service
(USFWS)
Section 7 Consultation, Biological Opinion or Section 10 Permit (Endangered Species Act)
U.S. Army Corps of Engineers
(ACOE) Section 404 Permit (Clean Water Act)
U.S. Army Corps of Engineers Section 10 Permit (Rivers & Harbors Act of 1899) U.S. Coast Guard / U.S. Army
Corps of Engineers Section 9 Permit (Rivers & Harbors Act of 1899) U.S. National Resources
Conservation Service
Section 106 Consultation (National Historic Preservation Act of 1986)
National Marine Fisheries
Service (NMFS)
Section 7 consultation if federal nexus see ACOE, or Section 10 Permit
Local and Regional Planning Agencies
City/County Grading Permit
City/County Environmental Health Department
City/County Model Water Efficient Landscape Ordinance – Landscape Documentation Package
Central Valley Flood Protection
Board
Permission to Encroach on Waterways within Designated
Floodways
San Francisco Bay Conservation
and Development Commission Any relevant permit
Tahoe Regional Planning
Agency Any relevant permit
Local Resource Conservation
District Consultation
Flood Control Districts Floodway & Hydrological Analysis Others (e.g.,CalRecycle, State
Contractors Board, etc.): City of Sacramento Conditional Use Permit X May 2022

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)SOLE PROPRIETOR / INDIVIDUAL MEDICAL (e.g., dentistry, chiropractic, etc.)SINGLE MEMBER LLC Disregarded Entity owned by an individual

PARTNERSHIP

ESTATE OR TRUST
LEGAL (e.g., attorney services)
EXEMPT (e.g., nonprofit)

ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN.

For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)
CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California.

CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding.

No services performed in California
Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).

Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return.

Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name.

Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level.

Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships Limited Liability Partnerships (LLP) and, LLC treated as a Partnership Partnerships Estate Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax com pliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.

A partnership is considered a resident partnership if it has a permanent place of business in California.

An estate is a resident if the decedent was a California resident at time of death.

A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

8 EXHIBIT A - PROJECT INFORMATION FORM
Estimated Date of Completion:Project Name
Grant Amount:

Estimated Total Project Cost:
(State grant, other funds, and in-kind)
County
Check one:

Nearest City/Town
Nonprofit
Grantee Name (with mailing address)
Local Agency
State Agency
Project Address (or nearest cross street)
Senate Dist. Assembly Dist. US Congressional Dist.

Grantee’s Representative Authorized in Resolution (Signature required at bottom of this page) Name: Title:

Phone: Email:

Project Manager – Person with day to day responsibility for project (if different from authorized representative) Name: Title:

Phone: Email:

Brief Description of Project Latitude Longitude
(Summarize major activities to be funded by this Grant) CEQA/Environmental Requirements
Site Control/Land Tenure (check the box that applies)
Exempt per CEQA Guidelines §
Attach filed Notice of Exemption.

CEQA completed.

Attach fled Notice of Determination, Negative
Declaration, or Mitigated Negative Declaration
CEQA is not complete.

Attach draft Initial Study with checklists.

CEQA does not apply under Code §Grantee owns the property.

Grantee leases the property – Term End:

Grantee owns an easement on the property.

Grantee has an MOU with the property owner.

I certify that the information in this Project Information Form, including all attachments, is complete and accurate.

Signed:

Grantee’s Authorized Representative as shown in Resolution Date Enter name Enter title Designee? Yes No
Print Name Title (If yes, attach letter of designation
from authorized representative.)
December 2024
$2,197,121