Item 24 2024-01157 Accept Grant Funds, Budgetary Adjustments, and Establish a new Capital Improvement Project for Garcia Bend Soccer Field Improvements (L19912700)

City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01157 6/18/2024 Consent Item 24.

Accept Grant Funds, Budgetary Adjustments, and Establish a new Capital Improvement Project for Garcia Bend Soccer Field Improvements (L19912700) File ID: 2024-01157
Location: District 7, Represented by Councilmember Jennings Recommendation: Pass a Motion to 1) adopt a Resolution as required by the California Natural Resources Agency: a) accepting $1,350,000 in state grant funding provided through the California Natural Resources Agency for Garcia Bend Park renovations; b) approving the filing of project applications for the grant project; and 2) adopt a Resolution a) to establish a new Capital Improvement Project (CIP) for Garcia Bend Soccer Field Improvements (L19912700); b) authorizing the City Manager or the City Manager’s designee to establish revenue and expenditure budgets in the Garcia Bend Soccer Field Improvements Project (L19912700) by $1,350,000 (Other Capital Grants, Fund 3704).

Contact: Jessica McCabe, Program Specialist, (916) 808-6316, mcc [email protected];
Raymond Rodriguez, Program Manager, (916) 808-1040; Department of Youth, Parks, & Community Enrichment
Presenter: None.

Attachments:
1-Description/Analysis
2-CNRA Resolution
3-Project Information Form_Garcia Bend Park
4-CNRA Procedural Guide for General Fund Specified Development and Acquisition Grant Projects 5-Council Resolution
Description/Analysis
Issue Detail: The State of California awarded $1,350,000 to the City of Sacramento in grant funds for Garcia Bend Park soccer field renovations through Assembly Bill (AB) 102 (Budget Act of 2023, Chapters 12, 38, and 189, Statutes of 2023) which makes appropriations for the support of local government projects and programs. This allocation was made at the request of Assemblymember Stephanie Nguyen.

Page 1 of 3 ends

File ID: 2024-01157 6/18/2024 Consent Item 24.

The California Natural Resources Agency (CNRA) is the lead state agency of these grant funds. As a condition of receiving the grant funds, CNRA requires the Council to adopt a resolution using their 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 grant (Attachment 2).

Policy Considerations: The recommendations contained in this report are consistent with Sacramento City Code Section 3.04.020, which requires Council authorization to enter an agreement greater than or equal to $250,000; and City Council Resolution 2023-0205, which requires Council authorization to obtain governing board of approval for a grant award, establish an operating grant and distribute subaward grants of $250,000 or more.

As stated in City Council Resolution No. 2023-0205, Section 10.2 and 10.11, City Council approval is required to establish (and cancel) CIP projects and make appropriations exceeding $250,000.

The grant funding will enable the City to provide parks and recreation facilities, which is consistent with the City’s strategic plan to enhance livability in Sacramento’s neighborhoods through the provision of parks, recreation, and trail facilities throughout the City.

Economic Impacts: Not applicable.

Environmental Considerations: This report concerns fiscal activities that do not constitute a "project" as defined by the California Environmental Quality Act Guidelines Section 15378(b)(4).

Environmental review of the project will occur before construction is authorized.

Sustainability: Not applicable.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: The primary purpose of this funding is for renovations to Garcia Bend Park that will improve the soccer fields, including the turf, irrigation, drainage, site furnishings and accessibility.

Financial Considerations: The California Legislature has allocated specified funding for the City in AB 102, specifically allocating $1,350,000 to make renovations to Garcia Bend Park soccer fields.

This report recommends acceptance of the state grant funding along with the establishment of the Garcia Bend Soccer Field Improvements grant project (L19912700) and the revenue and expenditure budgets in the amount of $1,350,000 in the Operating Grant Fund (Other Capital Grants, Fund 3704).

There is no local match for this project.

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File ID: 2024-01157 6/18/2024 Consent Item 24.

Local Business Enterprise (LBE): Not applicable.

Page 3 of 3 ends

Resolution No. 2024-XXXX

RESOLUTION OF SACRAMENTO CITY COUNCIL

APPROVING THE ACCEPTANCE OF GENERAL FUND GRANT FUNDS FOR

RENOVATION OF GARCIA BEND PARK
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 a 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 the above project:

NOW, THEREFORE, BE IT RESOLVED that the Sacramento City Council

1. Approves the acceptance of a general fund allocation for local assistance for the above project; 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, operate and maintain the project consistent with the land tenure requirements of the Grant Agreement; 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 regulatio n 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 sample Grant Agreement contained in the Procedural Guide; and

7. 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 the 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 XX day of June, 2024
I, the undersigned, hereby certify that the forgoing Resolution Number 2024-XXXX was duly adopted by the Sacramento City Council.

Following Roll Call Vote: Ayes No.

Nos No.

Absent No.
________________________________
Clerk/Secretary for Sacramento City Council
F. PROJECT INFORMATION FORM
Project Name Estimated Date of Completion: Fall 2026
Garcia Bend Park Soccer Fields (Grass fields at Garcia
Bend Park) Grant Amount: $1,350,000
Estimated Total Project Cost: $1,350,000
(State grant, other funds, and in-kind)
Grantee Name (with mailing address) County Nearest City/Town City of Sacramento Check one: Sacramento City of Sacramento 915 I Street
Sacramento, CA 95814 ☐ Nonprofit Project Address (or nearest cross street) Enter address ☒ Local Agency 7654 Pocket Road
Sacramento, CA 95831
☐ State Agency Enter address
Senate Dist. Assembly Dist. US Congressional Dist.
8 6 6
Grantee’s Representative Authorized in Resolution (Signature required at bottom of this page) Name: Jackie Beecham Title:

Director of Youths, Parks & Community
Enrichment
Phone: (916) 808-6313 Email: [email protected] Project Manager – Person with day-to-day responsibility for project (if different from authorized representative) Name: Jason Wiesemann Title:

Park Planning and Development Services
Manager
Phone: (916) 808-7634 Email: [email protected]

Brief Description of Project Latitude Longitude
(Summarize major activities to be funded by this Grant) 38.47925 121.54089 Renovation of soccer fields including turf,
irrigation, and drainage improvements. Also
includes improvements to site furnishings and
accessibility improvements.

Site Control/Land Tenure (check the box that applies)
☒ Grantee owns the property
☐ Grantee leases the property – Term End: Enter date
☐ Grantee owns an easement on the property.
☐ Grantee has an MOU with the property owner.
☐ Not applicable.

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 Jackie Beecham
Director of Youths, Parks &
Community Enrichment Designee? ☐ Yes ☐ No

Print Name

Title

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

PROCEDURAL GUIDE FOR

GENERAL FUND SPECIFIED GRANTS
FY 2023-2024

DEVELOPMENT & ACQUISITION PROJECTS

California Natural Resources Agency
Bonds & Grants Office
715 P Street, 20
th 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 4
D. STATE AUDIT AND ACCOUNTING REQUIREMENTS 6
E. PROJECT INFORMATION PACKAGE CHECKLIST 7
F. PROJECT INFORMATION PACKAGE – WHAT TO SUBMIT 8
G. PROJECT INFORMATION FORM 11
H. PROJECT SUMMARY 12
I. AUTHORIZING RESOLUTION TEMPLATE 13
J. SAMPLE COST ESTIMATE FORM DEVELOPMENT PROJECTS 14
K. SAMPLE COST ESTIMATE FORM ACQUISITION PROJECTS 15
L. SAMPLE DEVELOPMENT PROJECT TIMELINE 16
M. PROPERTY DATA SHEET 17
N. PROJECT PERMIT/APPROVAL STATUS 18
O. PAYEE DATA FORM/GOVERNMENT AGENCY TAXPAYER ID FORM 19 P. WILLING SELLER LETTER (ACQUISITONS ONLY) 20
Q. LAND TENURE TERM 21
R. SAMPLE DEED RESTRICTION LANGUAGE
(ACQUISITIONS FOR CONSERVATION PURPOSES ONLY)
23 S. MEMORANDUM OF UNRECORDED GRANT AGREEMENT TEMPLATE (ACQUISITIONS NOT FOR CONSERVATION PURPOSES ONLY)
24 T. ELIGIBLE COSTS 25
U. PAYMENT REQUEST INSTRUCTIONS 28
V. GENERAL FUND SPECIFIED GRANT ADVANCE POLICY 31
W. SAMPLE DEVELOPMENT GRANT AGREEMENT 33
X. SAMPLE ACQUISITION GRANT AGREEMENT 43

1 A. INTRODUCTION
This guide governs the administration of general fund appropriations made to the California Natural Resources Agency (Agency) for local assistance grants for specified projects. Enclosed are information and forms to complete a Project Information Package (“Package”) which must be submitted to Agency before a Grant Agreement can be developed and funds distributed. A Sample Grant Agreement template is also provided.

2 B. GENERAL GRANT INFORMATION, TERMS AND REQUIREMENTS
Grant Agreement – Funds will not be disbursed until there is a fully executed Grant Agreement between the California Natural Resources Agency (Agency) and the Grantee. Expenditures made by the Grantee prior to the effecti ve date of the appropriation and outside of the project performance period will not be reimbursed by grant funds.

Funding Availability – General fund appropriations are available for use by Grantee for the limited time period described in the state budget and these guidelines . For this appropriation, f unds must be fully expended and all invoices for reimbursement be submitted to Agency by March 1, 2027, unless otherwise specified in a subsequent Budget Act.

Grant Performance Period – The Grant Agreement will specify a specific time frame consisting of a start date and end date for performance of the project, called the Project Performance Period. All project costs to be covered by grant funds must be incurred within the Project Performance Period.

Required Approvals – Grantee must certify that all approvals (including, but not limited to, local perm itting requirements and/or rules from local agencies ) required for the project will be obtained.

Grantee is responsible for ensuring the project complies with all applicable local, state, and federal laws and regulations, including, but not limited to, CEQA/NEPA, legal requirements for construction, building codes, health and safety codes, state contractor and other licenses, and disabled access laws. By submitting a Package, Grantee certifies that, prior to commencement of construction, all applicable permits, and licenses (e.g., state contractor’s license) will have been obtained.

Reporting Requirements – Grantee may be required to submit periodic progress reports to Agency detailing progress on the project to date.

Financial Management and Grant Administration Requirements – It is Grantee’s responsibility to ensure appropriate stewardship of S tate grant funds. G rantee must maintain a financial management system that provide accurate, current, and complete disclosure of the financial activities of the grant -funded project. To meet this requirement, Grantee must maintain adequate accounting practices and procedures, internal controls, and audit trails.

Payment Requests – This is generally a reimbursement grant, where expenses are incurred and paid for prior to the submission of a payment request for reimbursement. Once a Grant Agreement is executed, Grantee may submit payment requests on a regular basis, but not more frequently than once a month. Generally, Grantee will receive reimbursement within six to eight weeks of submitting a properly completed payment request. Grantee is advised to maintain adequate funds to cover project costs prior to reimbursement. Ten percent of the amount requested in each payment request is retained until project completion.
3 Although primarily a reimbursement grant, advances of funds may be requested to assist in cash flow. The amount of an advance request must be based on Grantee’s immediate cash needs and the timeline for expenditure of requested advanced funds . Generally, advanced funds should be expended within three to six months. Grantee must submit reconciliation documentation showing how advanced funds were used at least quarterly. Generally, Grantee may not seek a second advance until the first is fully reconciled. No more than 90 percent of grant funds can be advanced. The remaining 10 percent must be sought as a reimbursement. See Section U Payment Request Instructions and Section V General Fund Specified Grant Advance Policy.

For acquisition projects, Grantee may request an advance of funds into escrow (subject to retention).

4 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 of the appropriation, develops a Grant Agreement with Grantee.

3. Grantee and Agency execute the Grant Agreement via DocuSign.

4. Grantee submits periodic progress reports throughout the project performance period.

For Acquisitions

5. Grantee submits an appraisal and purchase documents to Agency for Department of General Services (DGS) review.

6. Grantee requests an advance of funds into escrow (subject to retention).

7. Grantee records Deed Restrictions.

8. After close of escrow, Grantee submits close out documents to Agency.

9. Agency releases retained funds to Grantee.

10. The State may perform audits as frequently as annually during the course of the project and for four years after project completion.

For Development Projects

5. Grantee submits land tenure/site control documents to Agency.

6. Grantee commences preliminary project work (planning, design, permitting, CEQA, etc.).

7. Grantee submits payment requests for reimbursement of project expenditures. ( See Section U Payment Request Instructions).

8. Grantee commences project construction/implementation work.

9. Grantee completes project and submits final payment request.

10. Agency may perform final project inspection.

11. Grantee submits close out documents.

12. Agency releases retained funds to Grantee.

13. The State may perform audits as frequently as annually during the course of the project and for four years after project completion.
5 Project Withdrawal
If Grantee fails to submit a Project Information Package to Agency or otherwise elects not to use its general fund appropriation, the appropriation will be lost to that Grantee.

If grant funds were advanced and Grantee cannot complete an approved project, Grantee must return the advanced funds plus any accrued interest to the S tate 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 to complete a project and the justification for the request must be submitted to Agency for approval.

6 D. STATE AUDIT AND ACCOUNTING REQUIREMENTS
Audit Requirements
Projects are subject to audit by the State annually and for three (3) years following the final payment of grant funds. If the project is selected for audit, grantee will be contacted in advance. The audit shall include all books, papers, accounts, documents, or other records of grantee, as they relate to the project for which the funds were granted. All project expenditure documentation should be available for an audit, whether paid with grant funds or other funds.

Grantee must have project records, including source documents and evidence of payment, readily available and provide an employee with knowledge of the project to assist the auditor. Grantee must provide a copy of any document, paper, record, etc., requested by the auditor. Further, grantees must include planning, monitoring, and reporting necessary to ensure successful implementation of the project objectives and have documentation available for State review upon request.

Accounting Requirements
Grantee must maintain an accounting system that:
• Accurately reflects fiscal transactions, with the necessary controls and safeguards. • Provides a good audit trail, including original source documents such as purchase orders, receipts, progress payments, invoices, employee paystubs and timecards, evidence of payment, etc.
• Provides accounting data so the total cost of each individual project can be readily determined.

Records Retention
Records must be retained for a period of three (3) years after final payment is made by the State. Grantee must retain all project records at least one (1) year following an audit.

7 E. PROJECT INFORMATION PACKAGE CHECKLIST
Before a Grant Agreement can be developed, Grantee must send a completed Project Information Package (“Package”) to Agency. Grantee should keep a complete copy of the Package for future use and reference.

All applicable documents must be submitted to Agency along with the checklist below.

Grantee should check the appropriate box indicating a document is included in the Package or is not applicable to the project.

Required for All Projects
• Project Information Form (Section G) ☐
• Project Summary ☐
• Authorizing Resolution (Section I) ☐
• Cost Estimate (Section J or K) ☐
• Development Project Timeline (Section L) ☐
• Property Data Sheet (Section M) ☐
• Proof of Ownership ☐
• Photos of the Project Site ☐
• Payee Data Form (Std. 204 for nonprofits; Gov. TIN Form for government entities) (Section O) ☐
Additional Documents for Development Projects
• Site Control/Land Tenure ☐
• Site Plan ☐
• Permit Approval Status (Section N) ☐
Additional Documents for Acquisition Projects
• Willing Seller Letter(s) (Section P) ☐
• Appraisal, Preliminary Title Report, if available ☐
• If Conservation Easement, provide description of restrictions, reservations, and funding mechanism for long term stewardship ☐
8 F. PROJECT INFORMATION PACKAGE - WHAT TO SUBMIT
For All Projects

1. Project Information Form - Fill out as follows:
• Grantee Information:
o Grantee Name : The G rantee is the organization that takes formal responsibility and a ssumes liability for the project. A ll correspondence regarding the administrative process will be sent to the listed day-to-day contact person. Grant documents should be signed by the authorized representative named in the Grantee’s Authorizing Resolution. o Grantee Contact information: Provide the day-to-day contact’s name, title, phone and email address and the authoriz ed representative’s name, title, phone number and email address.
• Project Information:
o Project Name: Provide the project title.
o Project Location: Provide address, city, county, and longitude and latitude coordinates of where the project is located.
o Brief Project Description: Provide a brief description that addresses the “who, what, when, where, and why” of the project.
• District Information: List the district numbers for the Congressional, State Senate, and State Assembly districts in which the project is located. • Land Tenure/Site Contro l: Indicate how the Grantee will satisfy site control by checking the applicable box.
• Certification Signature: The i ndividual authorized to execute documents on behalf of the Grantee in the Authorizing Resolution must sign the certification at the bottom of the Project Information Form.

2. Project Summary - Provide a one-page overview of the project, including expected project deliverables.

3. Authorizing Resolution - Provide a signed resolution from the Grantee’s governing board. See Section I for the required Resolution format and content. Resolutions must include all of the assurances indicated in the template. The Resolution should specify the position, not a specific individual, authorized to execute grant documents.

4. Cost Estimate – Provide a cost estimate reflecting all costs associated with the project. Identify costs to be covered by the general fund grant and costs covered by other funding sources in separate columns. Where possible, the cost of project elements funded by the grant should not be split between the grant and other funding sources. See Section J for a sample format for development projects and Section K for a sample format for acquisition projects. 9 5. Development Project Timeline - Provide the timeline for key milestones and estimated date ranges of accomplishments. See Section L for a sample development project timeline.

6. Property Data Sheet - Complete the Property Data Sheet for all property/ parcels to be developed or acquired. See Section M for the Property Data Sheet form.

7. Proof of Ownership - Provide copies of documents verifying current ownership of each parcel listed on the Property Data Sheet. Examples of such documents include recorded deeds, tax records, and owner data sheets from county records, title reports or other documents that verify ownership. All documents verifying ownership must have the parcel numbers clearly indicated on the document (handwritten acceptable).

8. Photos - Provide a maximum of five (5) labeled color photographs of the project site.

9. Payee Data Record / Government Agency Taxpayer ID Forms – Nonprofit organizations must provide a completed and signed Std 204 Payee Data Record form. Government entities must provide a completed and signed Government Agency Taxpayer ID Form. See Section O for links to both forms. These forms are required to receive payment from the State of California.

For Development Projects

10. Site Control/Land Tenure – For parcels not owned by the Grantee, provide a copy of an agreement giving the Grantee legal access to and permission to construct and maintain the project on the property and permit public access to the project, if applicable, for the required number of years. See Section Q.

If a n agreement has not yet been executed at the time of Package submittal, Grantee may submit a signed letter from each landowner identifying the property/parcel(s), and indicating the owner is willing to enter into an agreement with Grantee to allow long -term access for construction, maintenance, and public use of project, if applicable , for the required number of years. See Section Q . No grant funds can be released until all landowner agreements have been fully executed and submitted to Agency.

11. Site Plan - Plans should contain details of the property to be developed and show the location of each feature and amenit y listed in the project summary and cost estimate.

12. Permit Approval Status - Indicate the types of permits necessary to complete the project. See Section N for the Permit Approval Status form.

For Acquisition Projects

13. Evidence of Willing Seller - Provide a letter from each landowner indicating they are a willing participant in the proposed real property transaction. The letter should clearly identify the parcels owned by each seller and state the seller is willing to enter 10 into an agreement or negotiation for an agreement for the sale of the real property at a purchase price not to exceed fair market value. If available, include a copy of the fully executed purchase option agreement as well. See Section P for Willing Seller Letter template.

14. Conservation Easement – If acquiring a conservation easement, describe the proposed restrictions and reservations for the easement and the funding mechanism to support long-term stewardship.

15. Appraisal and Preliminary Title Report – If available. 11 G. 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
Site Control/Land Tenure (check the box that applies)
☐ Grantee owns the property
☐
Grantee leases the property – Term
End: Enter date
☐ Grantee owns an easement on the property.
☐ Grantee has an MOU with the property owner.
☐ Not applicable – Project is a plan or program.

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.)
12 H. PROJECT SUMMARY
With the Package, submit a one-page summary that provides a descr iption of the proposed project and expected project deliverables.

13 I. 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 a 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 the above project:

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

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

2. Certifies that said agency understands the assurances and certification in the Project Information Form; 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, environ mental 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 sample Grant Agreement contained 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 the 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 XX. 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

14 J. SAMPLE COST ESTIMATE FOR DEVELOPMENT PROJECTS

PROJECT ELEMENTS (Examples) Total Cost*
General
Fund Grant
Other
Funder

1.0 Project Administration

1.1 Staff Time**

1.2 Technical Consultants

2.0 Planning, Design & Permitting

2.1 Design & Engineering

2.2 Permits

TOTAL NON-CONSTRUCTION

3.0 Site Preparation

3.1 Mobilization

3.2 Demolition

3.3 Grading

4.0 Construction and Materials

4.1 Trees (15-gallon)

4.2 Plants

4.3 Bioswales

4.4 Irrigation

5.0 Other

5.1 Construction Management

5.2 Hazard Insurance/Bond

TOTAL CONSTRUCTION
Overhead***
Contingency

PROJECT GRAND TOTAL
*All invoices and receipts for project expenditures from all funding sources will be retained and made available for state audit.
** Grantee’s staff labor must be computed on actual time spent on the project and evidenced by time and attendance records describing work performed. 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. ***Overhead costs are allowable and generally limited to 15% of total direct costs of the grant.

15 K. SAMPLE COST ESTIMATE FORM FOR ACQUISITON PROJECTS Project Title:

Assessor’s Parcel Number(s) Acreage
Indicate
Fee or
Easement
Willing Seller Name and
Address

ACQUISITION COST ESTIMATE

Total Cost* General
Fund Grant
Other
Funder
(Name)
Other
Funder
(Name)
Estimated Fair Market Value
Relocation Costs
Preliminary Title Reports, Appraisal
Escrow Fees, Title Insurance, Closing Costs
Surveying
Direct Costs - Staff** and Consultants
State appraisal review (recommend
budgeting $10,000)
$10,000
Contingency
Other (specify)
Overhead***
Grand Total
*All invoices and receipts for project expenditures from all funding sources will be retained and made available for state audit. ** Grantee’s staff labor must be computed on actual time spent on the project and evidenced by time and attendance records describing work performed. 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. ***Overhead costs are allowable and generally limited to 15% of total direct costs of the grant.

Acquisition Schedule* Completion Date
Complete Appraisal
Submit Appraisal, purchase documents and title report to State Submit draft grant deed w/deed restriction language to State for approval

Open escrow & request advance into escrow
Close escrow and submit final closing documents to State Close-out
*Grantee should submit evidence of progress on the acquisition within 6 months of grant execution. 16 L. SAMPLE DEVELOPMENT PROJECT TIMELINE
Activity Description Timeline
Preliminary project work Month 20XX- Month 20XX
Design Completed Month 20XX- Month 20XX
CEQA Completed Month 20XX- Month 20XX
Construction contract awarded Month 20XX- Month 20XX
Construction period Month 20XX- Month 20XX
Submit Project Closeout package with final Payment Request Month 20XX

17 M. 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:

Total Number of Parcels: ____________________Total Number of Acres: ______________________________________________

18 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.):

None No permits are applicable
19 O. PAYEE DATA RECORD/GOVERNMENT AGENCY TAXPAYER ID FORM Non-profit Grantees must provide a completed and signed STD 204 Payee Data Record form.

Government entities must provide a completed and signed Government Agency Taxpayer ID Form. These forms are required to receive payment from the State of California.

A fillable form STD 204 can be found at
https://resources.ca.gov/-/media/CNRA-
Website/Files/grants/AdminForms/std204.pdf.

A fillable Government Agency Taxpayer ID Form can be found at https://resources.ca.gov/-
/media/CNRA-Website/Files/grants/AdminForms/GovtTINForm_000.pdf.

20 P. WILLING SELLER LETTER (ACQUISITIONS ONLY)
All acquisition packages must include Willing Seller letters from each person on the title .

The letter must include the following information and be signed and dated by the legal owner(s) of each parcel to be acquired. Include the legal owner’s name in print and their title. If the letter is being signed by a representative of the landowner, include separate legal documents (e.g., trust documents) auth orizing them to sign for the landowner.

(Template -- Willing Seller Letter)
Date:

To: California Natural Resources Agency
From: Name(s) of Legal Owner (Trust, etc.)
Address of Legal Owner(s)
Re: Parcel number(s):

County:

Property Address:

To Whom It May Concern:

This letter is provided to confirm that (name of owner, trust, etc.), owner of the above - referenced property, is a willing participant in the proposed real property transaction and is willing to enter into negotiations for the sale of the real property for a purchase price at or below fair market value.

Acknowledged:

_____________________________ _______________________ Printed name and title Date signed
Signature of landowner

_____________________________ _______________________
Printed name and title Date signed
Signature of landowner

21 Q. LAND TENURE TERM
The State recognizes that specific activities on the project property may change over time; however, all uses on the property must remain consistent with the authorizing legislation and in accordance with the following requirements:

Acquisition Projects
For acquisition of lands for conservation or open space purposes, Grantee or Grantee’s successor in interest shall hold, in perpetuity, the real property only for the purpose for which the grant was made and make no other use or sale or other disposition of the property without the written permission of the State. Grantee shall not use or allow the use of any portion of the real property as security for any debt.

For acquisition of real property for purposes other than conservation or open space (or those funded by bond dollars), Grantee or Grantee’s successor in interest shall hold, maintain, operate, and use the real property only for the purpose for which the grant was made and make no other use, sale, or other disposition of the property without the written permission of the State and shall not use or allow the use of any portion of the property as security for any debt for the following Land Tenure Term:
• At least 10 years for Grants up to $100,000
• At least 20 years for Grants up to $1 million
• At least 25 years for Grants over $1 million

After the Land Tenure Term, if the real property ceases to be used for a public purpose, or the property is sold or otherwise disposed of, the Grantee or the Grantee’s successor in interest shall reimburse the State a percentage of the property’s equity eq uivalent to the percentage of grant funds contributed toward the original acquisition.

For all acquisitions, regardless of purpose and Land Tenure Term, Grantee or Grantee’s successor in interest shall not use or allow the use of any portion of real property acquired with grant funds for mitigation (i.e., to compensation for adverse changes to the environment elsewhere) without the written approval of the State. Additionally, a deed restriction or a Memorandum of Unrecorded Grant Agreement (MOUGA) which defines the State’s interest in the property must be recorded for all acquisitions.

Development Projects
Grantee shall maintain and operate the project developed pursuant to this grant and shall not use or allow the use of any portion of the project property as security for any debt for the following Land Tenure Term:
• At least 10 years for Grants up to $100,000
• At least 20 years for Grants up to $1 million
• At least 25 years for Grants over $1 million

Grantee shall not use or allow the use of any portion of the project property for mitigation (i.e., to compensate for adverse changes to the environment elsewhere) without the written approval of the State.

22 With the approval of the State, Grantee or Grantee’s successor in interest in the property may enter into an agreement with another party to maintain and operate the project property in accordance with this grant program. At a minimum, the agreement must do the following:
a. Clearly spell out the roles of each party in detail. b. Be signed by both parties signifying their acceptance. c. Not terminate prior to the Land Tenure Term required by the grant agreement (only agreements that allow early termination for cause or by mutual consent will be acceptable).
d. Include language that Grantee will resume responsibility for ongoing operation and maintenance in the event of cancellation.

Grantee may be excused from its obligation to operate and maintain the project site only upon the written approval of the State for good cause. Good cause includes, but is not limited to, natural disasters that destroy the project improvements and render the project obsolete or impracticable to rebuild.

23 R. SAMPLE DEED RESTRICTION LANGUAGE - APPLICABLE TO ACQUISITIONS FOR

CONSERVATION PURPOSES ONLY
The property described in this deed was purchased in part or in whole with grant funds provided by the State of California by and through the Natural Resources Agency (“the State”) under the General Fund Specified Grant Program and is referred to herein as the “Burdened Property”. The Burdened Property currently consists of [project description from appraisal/DGS memo ]. Landowner desires and intends that in order to provide public benefit and meet the terms of the funding, the Burdened Property shall be use d only for purposes consistent with the funding.

Use of the burdened property is restricted and shall exclusively be for [project use based on purpose of the program/project proposal ]. If access for the public ever needs to change location, scope, or scale, landowner will seek consent from the State.

Unless otherwise expressly identified in this deed, all development rights are extinguished.

Landowner acknowledges the restrictions, extinguished development rights, and other dedications in this deed provide a benefit to the burdened property and all other adjacent property, as well as the People of the State of California, and the terms of this deed shall run with the land and bind all successive owners in interest consistent with Civil Code section 815 et seq. No other uses are permitted or granted herein, and any violation of these restrictions or dedications will operate to automatically revert the Burdened Property to the State of California.

The Burdened Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State. Such approval shall not be unreasonably withheld, provided the purposes for which the funding was awarded ar e expressly assumed by the purchaser as part of the purchase agreement and prior to the close of escrow.

Responsibilities to maintain and operate the Burdened Property in accordance with this deed runs with the land.

Obligations for operation and maintenance of the Burdened Property may be abandoned only upon the written approval of the State and only for good cause. Good cause includes, but is not limited to, natural disasters that destroy the property. Good cause shall not include more expedient or economically beneficial development.

The Burdened Property, or any portion thereof, may not be used for mitigation without the written permission of the State.

The Burdened Property, or any portion thereof, may not be used as security for any debt.

These restrictions imposed on the Burdened Property shall run with the land and pass with each and every portion of the Burdened Property and shall apply to and bind the respective successors in interest to the Burdened Property. 24 S. MEMORANDUM OF UNRECORDED GRANT AGREEMENT TEMPLATE – APPLICABLE TO

ACQUISITIONS (NOT FOR CONSERVATION PURPOSES) ONLY

(DO NOT FILL OUT AS PART OF APPLICATION)
Recording requested by, and )
when recorded, return to: )
State of California )
Natural Resources Agency )
Bonds & Grants )
715 P Street, 20th Floor )
Sacramento, CA 95814 ) Space above this line for Recorder’s use

MEMORANDUM OF UNRECORDED GRANT AGREEMENT
This Memorandum of Unrecorded Grant Agreement (Memorandum), dated as of _____________, 20___, is recorded to provide notice of an agreement between the State of California, by and through the Natural Resources Agency (“Agency”) and _______________________ (“Grantee”).

RECITALS
• On or about __________________, 20__, Agency and Grantee entered into a certain Grant Agreement, Grant No. _______ (“Grant”), attached and incorporated herein by reference as Exhibit A, pursuant to which Agency granted to Grantee certain funds for the acquisition of certain real property, more particularly described in Exhibit B, attached and incorporated herein by reference (the “Real Property”).
• Under the terms of the Grant, Agency reserved certain rights with respect to the Real Property. • Grantee desires to execute this Memorandum to provide constructive notice to all third parties of certain Agency reserved rights under the Grant.

NOTICE
The Real Property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through Agency, or its successor, provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained for the Land Tenure Term described in the Grant Agreement.

• For the Land Tenure Term described in the Grant Agreement, the Grantee shall not use or allow the use of any portion of the real property as security for any debt. • After the Land Tenure Term expires, if the real property ceases to be used for a public purpose, or the property is sold, the Grantee shall reimburse the State a percentage of the real property’s equity equivalent to the percentage of grant funds contributed toward the original purchase price . • The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.
• For additional terms and conditions of the Grant, reference should be made to the Grant Agreement, attached hereto and which is also on file with Agency.

GRANTEE

By: ______________________________________
Authorized Representative

25 Memorandum of Unrecorded Grant Agreement (MOUGA) Instructions

1. Complete the Memorandum by inserting the following information:
• Date
• Grantee’s name as its stated in the Grant Agreement
• Start date of the Grant Agreement (start date of the Project Performance Period) • Grant Agreement number
• Attach an executed copy of the Grant Agreement and all amendments as Exhibit A to the Memorandum
• Attach legal description of the properties including the property (APN’s) as Exhibit B to the Memorandum.

2. Notarize the Memorandum. The grantee’s authorized representative (the person holding the position identified in the submitted Resolution and on the Grant Agreement face sheet) signs the Memorandum form in the presence of a notary. The notary then completes the “Notary Acknowledgement” section.

3. Record the Memorandum form at the County Recorder’s Office of the county in which the property is located.

4. Ensure a recorded copy of the Memorandum sent to the Natural Resources Agency, Bonds and Grants Unit at the address listed at the at the top of the Memorandum form.

26 T. ELIGIBLE COSTS
The following are general principles to be considered in determining whether an expense is eligible under the General Fund Specified Grant Program

1. Expenses must be incurred within the project performance period outlined on the Grant Agreement cover page and/or subsequent amendments and must align with the cost estimate.

2. Direct project-related expenses, if supported by appropriate documentation.

3. Grantees should use good judgment in purchasing items and services to be paid with grant funds. Project expenses should be cost -effective and economical and tie to the approved project scope and budget.

4. Expenses paid with grant funds must serve a public purpose.

5. Food and Beverage Expenses:
a. Employee meals incurred as a travel expense necessary to carry out the grant project may be reimbursed at a rate at or below the State employee per diem reimbursement rate in effect at the time of travel. See https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx

b. Food expenses for grants that are reasonable and necessary to complete the grant project may be eligible at the discretion of the State. The specific purpose for the expense must be discussed and approved by the State and included as a separate item in the grant budget.
c. Grant funding cannot be used to purchase alcoholic beverages.

6. Grantee’s Staff Labor - Costs for the services of grantee's employees directly engaged in project execution must be computed according to grantee's prevailing wage or salary scales and may include benefits such as vacation, sick leave, Social Security contributions, etc., that ar e customarily charged to grantee’s various projects, excluding overhead allocations.
a. Labor costs charged to the project must be computed on actual time spent on the project and evidenced by time and attendance records describing the work as well as payroll records. Overtime costs may be allowed under grantee’s established policy, provided the regular work time was devoted to the same project.
b. Salaries and wages claimed for employees working on State grant -funded projects must not exceed grantee's established rates for similar positions. c. 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.

7. Contracted Services – The costs of contracted services may be reimbursed if invoices are presented with payment requests that identify the specific project activities provided and include evidence of payment.
27 8. Overhead - Overhead expenses are the non -project specific expenses of doing business that are not directly related to the implementation of the project to be funded (for example, rent, computers, telephones, office supplies, internet access, copy machines, electricit y). Certain types of overhead are not allowed including food and beverage, fundraising, lobbying and entertainment. Any expense that is billed as a direct expense may NOT be included in overhead. a. Overhead should be included as a line item in the approved project budget and is limited to a maximum of 15% of total direct expenses of a grant. b. Grantees that wish to charge overhead must be able to document the appropriateness of the charges. One typical method for documentation is to have a Cost Allocation Plan. Other methods may also be adequate, but it is the grantees responsibility to determine this based on Generally Accepted Accounting Principles. It is recommended that grantees develop an appropriate method for calculating their overhead rate and determine what overhead expenses may be allocated to the grant, subject to the Agency’s approval and the 15% limit. It is the responsibility of the grantee to maintain appropriate records for all overhead expenses and to be able to provide those records in the event of an audit.

9. Vehicles owned/leased by Grantee - Mileage incurred on Grantee-owned vehicle(s) can be charged at a per mile rate according to Grantee’s internal mileage policy or at the State rate in effect at the time of the trip, whichever is less. A Mileage Log with the date, destination, and grant purpose related to the scope, and si gned by the operator and supervisor must be submitted along with a copy of the policy to support the mileage rate.

10. Equipment – Equipment owned by Grantee may be charged to the project for each use. Equipment use charges must be made in accordance with Grantee's normal accounting practices, the equipment rental rates published by the California Department of Transportation, or local prevailing rental rates, whichever is less. Link to California Department of Transportation rental rates:
https://dot.ca.gov/programs/
construction/equipment-rental-rates-and-labor-surcharge.

If the Grantee's equipment is used, a report or source document must describe the work performed, indicate the hours used, relate the use to the project, and be signed by the operator and supervisor.

Equipment may be leased, rented, or purchased, whichever is most economical. If equipment is purchased, its residual market value must be credited to the project expenses upon completion of the project.

28 U. PAYMENT REQUEST INSTRUCTIONS

FOR DEVELOPMENT PROJECTS
Before Submitting
 Check the Grant Agreement to confirm that any funding requirements outlined in the special provisions section have been fulfilled ( e.g., agreements, DGS review, etc.)
 Check that all costs are allowable and incurred within the project performance period. See Section T for guidance.

What to Include
 Payment Request Form filled out with original signature of authorized representative.
 Payment Tracking Form filled in with amounts for the request.  Project Expenditure Form, Grantee Labor Cost Form, and Equipment Cost Form (as applicable). Descriptions should clearly tie to the line items on the cost estimate , as well as the backup documentation.
 Proof of Expense Incurred for each item listed on the Project Expenditure Form, Grantee Labor Cost Form, and Equipment Cost Form.
a. Project Expenditures (i.e., contracted or consultant expenses, materials, mileage, etc.)
• Include copies of invoices or itemized receipts.
• If an invoice is to be partially reimbursed with grant funds, please clearly mark the portion allocated to the grant.
• For mileage incurred on grantee and employee owned vehicle(s), include a log documenting date, destinations, and grant scope purpose, signed by the employee and supervisor. Provide documentation of policy to support rate used.
• For equipment owned by the grantee , include the schedule showing the rate as well as a log showing the days and hours the equipment was used and describe the work performed for this project and by whom . The log should be signed by the equipment operator and supervisor. b. Grantee In-House Labor with documentation of time worked on the project and employee hourly rate.

Documentation of Time Worked on the Project
• Include timesheets detailing the days and number of hours each employee worked on the project.

Documentation of Employee Hourly Rate
• 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. 29 • Fill out the Employee Compensation Chart to demonstrate the rate being charged for each employee.
• To support rates in the Employee Compensation Chart, submit copies of pay stubs or payroll service printout that show employees' pay rates or salaries (please redact personal identifying information). • Documentation supporting employee benefits listed in the Employee Compensation Chart should be maintained in the event of audit but should not be submitted.
• Any time employees' hourly rates or salaries change, submit an updated Employee Compensation chart along with pay stubs or payroll service printout showing new pay rates.
 Proof of payment - 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 Electronic Fund Transfer’s (EFT) highlighted
c. Pre-paid card Statement showing credit remaining after particular project charge e.g., pre-paid photo copier card
d. 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.
e. For grantee personnel services one of the following:
• Chief Financial Officer’s signature on the certification on the Grantee Labor Cost Form
• Payroll stubs or payroll service printout for each pay period • Signed acknowledgement from employees regarding receipt of paychecks for a specific time period
 Advances – Upon request, a dvances are allowed to assist with cash flow. The amount of the advance is determined based on immediate need. Once an advance is reconciled, Grantee may seek another. Contact the project gran ts administrator to request an advance. Section V General Fund Specified Grant Advance Policy.

FOR ADVANCE TO ESCROW FOR ACQUISITION PROJECTS
To request money to be advanced to escrow, submit the following:
 Advance Payment Request Form for the amount of the grant budgeted to Fair Market Value of the property
 Letter requesting funds be deposited to escrow on Grantee’s letterhead containing the following:
a. Name and address of Grantee
b. Number of Grant Agreement
30 c. Dollar amount of disbursement requested
d. Name, address, and telephone number of the title company or escrow holder, and the escrow account number to which the grant funds will be disbursed e. A statement by the Grantee that all funds needed for completion of acquisition of the real property (or conservation easement) have been secured and have been or will be deposited into escrow at or about the same date as the requested grant funds
f. Anticipated close of escrow date
 Payee Data Record for the escrow company

FOR 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:
 Final Payment Request
a. Summary of Expenditures from all Project Funding Sources b. Certification of Completion Form
c. Notice of Completion (if applicable)
For acquisitions, also required are:
a. Buyer’s Closing Statement
b. Recorded Grant Deed with required Deed Restrictions
c. Policy of Title Insurance

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.

Contact your Grant Administrator for further clarification or questions.

31 V. G ENERAL FUND SPECIFIED GRANT ADVANCE POLICY

All California Natural Resources Agency (Agency) grants are reimbursement programs.

This means grantees pay project expenses and then seek reimbursement from grant funds. General fund specified grants are one exception in which advance funds may be available subject to the following conditions:

1. All advance requests must be submitted in writing using the Advance Payment Request Form and signed by the grantee’s Authorized Representative.

2. Overhead costs may be advanced up to the percentage of the grant described in the program guidelines and included as a separate approved line item in the project budget.

3. If advanced funds are used to pay grantees’ in -house labor costs, timesheets submitted during reconciliation must show all staff time and be tracked to different projects or activities.

The amount of advanced funds requested should be determined after working with the Grant Administrator to identify grantees’ immediate cash needs and the timeline for expenditure of requested advanced funds. Generally, advanced funds should be expended within three to six months.

The recommended request amount is increments of no more than 25 percent of the grant at a time. Generally, all advanced funds should be reconciled before another advance is requested. If immediate need is demonstrated, up to 90 percent of the grant award may be advanced.

4. Advances are not subject to retention. The last 10 percent of a grant cannot be advanced.

5. Any special provisions in the grant agreement relating to conditions necessary for release of funding must be met prior to requesting an advance.

6. Advanced funds must be deposited and held in a separate, FDIC -insured, interest- bearing account until spent. Public grantees can choose to deposit the funds in their treasuries. Any interest earned on the advanced funds should be applied to the project for which funds were advanced.

Grantees must submit account statements to the Grant Administrator showing all transactions relating to the advanced funds and any interest earned for every month advanced funds are held in the account. Statements should be submitted with reconciliation documentation as described in paragraph 9.

7. If advanced funds are passed through grantee to a separate entity that is implementing the project (e.g., when funds are granted to a city for the benefit of a non-profit organization), grantee must ensure the immediate need of advanced funds and that advanced funds are deposited and held as outlined in the preceding paragraph.
32 8. Grantees must submit reconciliation documentation no more than monthly and no less than quarterly. Reconciliation documentation will be reviewed and approved in the same manner as a reimbursement payment request. Reconciliation documentation should include the following, as applicable:
• Advance Reconciliation Form
• Project Expenditures Form
• Grantee Labor Costs Form
• Employee Compensation Form
• Equipment Cost Form
• Planning Grant Certification Form
• Proof of expenses incurred
• Proof of payment
• All monthly account statements
since date of last reconciliation

9. Failure to provide reconciliation documentation and account statements at least quarterly will disqualify grantees from receiving additional advanced payments.

10. Grantees must repay any unused or inadequately-documented advanced funds to Agency within sixty days of project completion or the end of the project performance period, whichever is earlier. Grantees will not be eligible for any other Agency grants until funds have been repaid.

11. At project closeout, grantees must account for and provide proof that all interest earned on advanced funds was applied to the grant project.

12. Agency reserves the right, at its sole discretion, to approve or deny an advance payment request. Final approval will be based on, but is not limited to, consideration of the following:
• Grantees’ explanation of immediate need for an advanced payment • Grantees’ performance on prior Agency or other State grants, with particular consideration of past performance issues
• Grantees’ record of providing timely and adequate payment backup documentation on previous Agency grants.

Certification
As the Authorized Representative of the recipient of a General Fund Specified Grant, I certify under penalty of perjury the grantee has received, understands, and will comply with this advance request policy.

Signature of Authorized Representative Name of Grantee Grant Number

Name of Authorized Representative Title of Authorized Representative Date Signed

33 W. SAMPLE DEVELOPMENT GRANT AGREEMENT

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
GRANTEE NAME:

PROJECT TITLE:

AGREEMENT NUMBER:

AUTHORITY: Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023) PROGRAM: General Fund Specified Grant Projects

PROJECT DESCRIPTION

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

Grant funds are to be used to support capital asset projects in accordance with the provisions contained in the Procedural Guide for General Fund Specified Grant Projects and this Agreement.

TERMS AND CONDITIONS OF GRANT
Special Provisions

1. As conditions precedent to the State’s obligation to make any funding available pursuant to this Agreement, Grantee shall first provide evidence of adequate land tenure and evidence the project will be operated and maintained for a minimum of ___ years satisfactory to the State for all land to be improved under this Agreement.

2. Projects must follow the Secretary of the Interior’s Standards for the Treatment of Historic Properties, where applicable, to ensure the historical integrity of the project. In addition, any local, state, and federal ordinances and laws (such as the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act) must be followed to ensure the historical integrity of the project. Grant funds may NOT be used for demolition or non -historic treatment of historic structures or resources that are determined eligible for listing on the National Register of Historic Places or the California Register of Historical Resources.

3. If the Grantee is a nonprofit organization and ceases to exist, and, as a result, the Project will not be maintained, operated and used in fulfillment of the purpose funded by this Grant for the minimum number of years required by Section H of this Agreement, the State shall be entitled to repayment of the amount of the Grant plus accrued interest from the nonprofit organization’s remaining assets.

4. If Grantee is a federally recognized Native American Tribe Section F below will be replaced with the following:

F. Grantee’s Limited Waiver of Sovereign Immunity and Hold Harmless 34 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 the State, its officers, agents, and employees.

3. Grantee shall indemnify and hold harmless the 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 the State, its officers, agents, or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. Under this indemnification provision, Grantee shall not be responsible for defending the State in court but shall reimburse for actual invoiced costs associated with the defense.

Grantee and the 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.

General Provisions
A. Definitions

1. The term “Act” means the Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023).

2. The term “Acquisition” means obtaining a fee interest or any other interest, including easements, leases, and development rights.

3. The term “Agreement” means this Grant Agreement

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

5. The term “Application Guidelines” means the Procedural Guide for General Fund Specified Grants, FY 2023-2024, Development & Acquisition.
35 6. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.

7. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).

8. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.

9. The term “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific project objectives within a specific project performance period by the Grantee.

10. The term "Grantee" means an entity who has a signed agreement for Grant Funds.

11. The term “Interpretation” means visitor -serving amenities that communicate the significance and value of natural, historical, and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.

12. 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.

13. The term “Payment Request Form” means Form RA212.

14. The term "Project" means the acquisition or development activity described in the Application as modified by Exhibit A to be accomplished with Grant Funds.

15. The term “Project Budget” means the State approved cost estimate included as Exhibit A-1 to this Agreement.

16. The term “Project Property” means the property being developed or acquired with Grant Funds.

17. The term “Project Scope” means the description or activity for work to be accomplished by the Project.

18. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.

19. 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.

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 36 under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by the State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2027.

4. Grantee shall at all times ensure that project complies with all environmental laws, including but not limited to obtaining all necessary permits.

Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the General Fund Specified Grant Project and is consistent with the intent cited in the original Application.

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

6. Grantee certifies that the project does and will continue to comply with all current laws and regulations which apply to the project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that prior to commencement of construction all applicable permits and licenses (e.g., state contractor’s license) will have been obtained.

7. Grantee shall provide access by the State upon 24 -hours’ notice to determine if project work is in accordance with the approved project scope, including a final inspection upon project completion.

8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original project scope per Exhibit A and the Application. Changes in project scope must continue to meet the need cited in the original Application or they will not be approved. Any modification or alteration in the project as set forth in the Application on file with the State must be submitted to the State for approval.

Any modification or alteration in the project must also comply with all current laws and regulations, including, but not limited to, CEQA.

9. Grantee shall provide for public access and/or educational features where feasible.

10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest in project lands and demonstrate to the satisfaction of the State the proposed project will provide public benefits that are commensurate with the type and duration of the interest in land.

11. If a nonprofit organization, Grantee certifies the corporation is qualified under Section 501(c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of State, and is current with the Attorney General’s Registry of Charitable Trusts. Failure by the Grantee to remain in compliance with these nonprofit requirements may be cause for suspension of all obligations of the State hereunder and termination of this Agreement.

12. Grantee shall promptly provide photographs of the site during and after implementation of the project at the request of the State.

C. Project Costs

1. Unless otherwise agreed upon, Grant Funds provided to Grantee under this Agreement for Development 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:
37 a. Approved direct management costs or construction and development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the project.
b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. c. Advance payments may be made at the discretion of the State. d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.
e. Overhead costs are generally limited to a maximum of 15% of total direct costs.

2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form.

This form must be accompanied by an itemized list of all expenditures that clearly 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. The State reserves the right to request reimbursement of any funds spent on the project, even funds deemed eligible costs, if the project is not completed in accordance with the Grant Agreement and the guidelines.

5. Except as otherwise provided herein, the Grantee shall expend grant funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the project budget may be increased by up to ten percent (10%) through a realloc ation 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.
38 D. Project Administration

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

2. Grantee shall make property and facilities 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, 2027.

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

6. This Agreement may be amended by mutual agreement in writing between the Grantee and the 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, preferably no 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 construction, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by the 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 St ate determines it is in the State’s best 39 interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.

4. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder.

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, o peration 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 the Grantee because of the gross negligence of the State and the 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. G rantee 40 shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.

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

H. Use of Facilities

1. If Grantee owns the Project Property, Grantee shall not sell or transfer the Project Property (including any portion of it or any interest in it) during the Land Tenure Term defined in paragraph H.2. below without the written approval of the State of California, acting through the Natural Resources Agency, or its successor. Such approval shall not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained. If Grantee does not own the Project Property, Grantee shall notify the State within 30 days of any sale or transfer of the property, at which time the State may seek any and all remedies available under Section E of this Agreement.

2. Grantee shall maintain, operate, and use (or shall ensure via written agreement with the landowner that the project is maintained, operated, and used) in fulfillment of the purpose funded pursuant to this Grant for a minimum of NUMBER OF (XX) years, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines (the “Land Tenure Term”). Grantee, Grantee’s successor in interest, or the Assignee of this Agreement, may assign without novation the responsibility to maintai n and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild.

3. Grantee agrees to use the Project Property (or shall ensure via written agreement with the landowner that the property will be used) solely for the purposes for which the Grant was made and no other use or sale or other disposition of the property shall be made during the Land Tenure Term. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.

4. Reimbursement of Grant with interest: At the State’s sole discretion, if the Grantee owns the Project Property and the use of the property is changed to a use that is not permitted by the Agreement or if the property is sold or otherwise disposed of by Grantee, the State may seek an amount equal to: (1) the amount of the Grant plus accrued interest at the prime interest rate at the time of disposition, and (2) the amount of any increase in property value attributed to grant-funded improvements to the Project Property. If the Grantee does not own the Project Property, and the use of the Project Property is changed to a use that is not permitted by this Agreement or is sold or otherwise disposed of within the Land Tenure Term, at the State’s sole discretion, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest at the prime interest rate at the time of disposition.

5. Grantee shall not use or allow the use of any portion of the Project Property as security for any debt during the Land Tenure Term. If the grantee does not own the Project Property, written approval of the State must be obtained for use of the Project Pro perty (including any portion of it or any interest in it) to be used as security for any debt, provided such approval by the State shall not be unreasonable withheld as long as the purposes for which the Grant was awarded are maintained and does not make the State a guarantor or a 41 surety for any debt, nor waive the State’s rights to enforce performance under this Agreement.

6. Grantee shall not use or allow the use of any portion of the Project Property for mitigation without the written approval of the State. If the grantee does not own the Project Property, the grantee shall ensure via written agreement with the landowner that the landowner shall not use or allow the use of any portion of the Project Property for mitigation without the written approval of 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 and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.

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

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

L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party. 42 M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.

N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:

1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the 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 origi nally 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 shal l, 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.

43 X. SAMPLE ACQUISITION GRANT AGREEMENT

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
GRANTEE NAME:

PROJECT TITLE:

AGREEMENT NUMBER:

AUTHORITY: Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023) PROGRAM: General Fund Specified Grant Projects

PROJECT DESCRIPTION

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

Grant funds are to be used to acquire property in accordance with the provisions contained in the Procedural Guide for General Fund Specified Grant Projects and this Agreement.

TERMS AND CONDITIONS OF GRANT
Special Provisions

1. All grants are subject to recording Deed Restrictions, incorporating by reference this Grant Agreement and giving public notice that the Grantee received funds under this Agreement in order to assist Grantee in acquiring the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement.

2. As a condition precedent to the State’s obligation to deposit funds into escrow or to provide reimbursement related to the Acquisition, the Grantee shall have obtained approval of the language contained in the grant deed by the Natural Resources Agency. Sa id deed shall include the State’s required protections, restrictions of use and subsequent transfer requirements.

3. The State Department of General Services (DGS) may review and approve in writing all documents pertaining to the Grantee’s Acquisition of real property, including any preliminary title reports, agreements for purchase and sale, escrow instructions and the instruments of conveyance prior to the release of any Grant Funds. Such review and approval by the State shall be timely and shall not be unreasonably withheld.

4. DGS shall review and approve in writing the appraisal of the real property.

5. The Grantee agrees to pay DGS directly the amount invoiced by DGS for services rendered for its review of the appraisal, transaction review, or other related activities as described above.

Should the Grantee fail to pay DGS, the State is authorized to pay DGS by directly transferring from the Grant Funds the amount invoiced by DGS. The State will notify the Grantee at the time of the transfer and provide a copy of the appraisal review letter and invoice upon receipt.

6. The Grantee agrees that all parcels to be acquired by this project will have concurrent escrows. 44 7. 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.

8. If planned subsequent transfer of property: The State is aware of and approves a subsequent conveyance of the property to the Long-Term Landowner Name. Such approval is contingent, however, upon the Long-Term Landowner Name’s written commitment to:
a. Accept title to the property, and
b. Provide for the long-term operations and maintenance of the property for the uses intended by this grant program as specified in the grant agreement.

9. If Grantee is a federally recognized Native American Tribe Section F below will be replaced with the following:

F. 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.

3. Grantee shall indemnify and hold harmless the 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 the State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. Under this indemnification provision, Grantee shall not be responsible for defending the State in court but shall reimburse for actual invoiced costs associated with the defense.

A. Definitions

1. The term "Act" means Budget Act of 2023 (Chapters 12, 38, and 189, Statutes of 2023).

2. The term “Acquisition” means obtaining a fee interest or any other interest, including easements, leases, and development rights from a willing seller.

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

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

5. The term “Application Guidelines” means the Procedural Guide for General Fund Specified Grants, FY 2023-2024, Development & Acquisition.

6. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.

7. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).

8. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.

10. The term "Grantee" means an entity who has a signed agreement for grant funds.

12. 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.

13. The term “Payment Request Form” means Form RA212.

14. The term "Project" means the Acquisition activity described in the Application as modified by Exhibit A to be accomplished with grant funds.

15. The term “Project Budget” means the State approved cost estimate included as Exhibit A to this Agreement.

16. The term “Project Scope” means the description or activity for work to be accomplished by the project.

17. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.

18. The term "State" means the Secretary for California Natural Resources or his/her representatives, or other political subdivision of the State. 46 B. Project Execution

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 requeste d in advance and will be considered by the State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2027.

4. Grantee shall at all times ensure that project complies with all environmental laws, including but not limited to obtaining all necessary permits.

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

8. Grantee agrees to comply with all applicable state and local laws or ordinances that apply to relocation and real property acquisition by Public Agencies.

9. Lands acquired with Grant Funds from this Agreement shall be acquired from a willing seller of the land at a price not to exceed Fair Market Value. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings.

10. 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 als o comply with all current laws and regulations, including, but not limited to, CEQA.

11. Grantee shall provide for public access and/or educational features where feasible. 47 12. If a nonprofit organization, Grantee certifies the corporation is qualified under Section 501(c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of State, and is current with the Attorney General’s Registry of Charitable Trusts. Failure by the Grantee to remain in compliance with these nonprofit requirements may be cause for suspension of all obligations of the State hereunder and termination of this Agreement.

C. Project Costs

1. Any Grant Funds provided to Grantee under this Agreement for Acquisition of real property will be disbursed for eligible costs as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:
a. The State approved purchase price, together with the State approved costs of Acquisition, within sixty (60) days of close of escrow. All disbursements are subject to an up to ten percent (10%) withhold pending Project completion, the final close-out site visit by the State, completion of the conditions described in Sections C3, D.6 and D.7 below, and all Special Conditions set forth in this Agreement. b. Costs of obtaining approval of the purchase price and transaction review from the DGS. The amount disbursed by the State in any event shall not exceed the amount set forth on the signature page of this Agreement. The remainder of the Grant Funds, if any, shall be available on a reimbursable basis.

2. Requests for advance payment of Grant Funds into escrow must be submitted via a completed Payment Request Form and be accompanied by a letter requesting funds be deposited to escrow on the Grantee’s letterhead, containing all of the following:
a. Name and address of Grantee.
b. Number of Agreement.
c. Dollar amount of disbursement requested.
d. Name, address and telephone number of the title company or escrow holder, and the escrow account number to which the Grant Funds will be disbursed. e. A statement by Grantee that all funds (exclusive of the Grant Funds to be provided under this Agreement) needed for completion of Acquisition of the real property have been secured and have been or will be deposited to escrow at or about the same date as the requested Grant Funds. In making this statement, Grantee shall be entitled to reasonably rely on the representations of the transferor of the real property. f. Anticipated close of escrow date.

The letter shall be accompanied by a Payee Data Record (Form 204) completed for and by the escrow company.

3. Requests for payment of Grant Funds on a reimbursable basis for Acquisitions shall include all of the following:
a. Complete Payment Request Form.
b. Buyer’s closing statement.
48 c. Copies of grant deeds with restrictions or recorded Memoranda of Unrecorded Grant Agreement.
d. Policy of title insurance.
e. Project Certification Form (if the Project is complete and payment in full is requested). f. Summary report of final total Project expenditures.

4. 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.

5. 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.

6. The State reserves the right to request reimbursement of any funds spent on the project, even funds deemed eligible costs, if the project is not completed in accordance with the Grant Agreement and the guidelines.

7. Except as otherwise provided herein, the Grantee shall expend grant funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the project budget may be increased by up to ten percent (10%) through a realloc ation 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

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

3. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described.
49 4. Grantee shall use any income earned by the Grantee from use of the project to further project purposes, or, if approved by the State, for related purposes within the jurisdiction.

5. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interest- bearing account, setting up and identifying such account prior to the advance. Interest earned on Grant Funds shall be used on the Project, as approved by the State. An y 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.

6. Grantee shall submit all documentation for project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of project completion, but in no event any later than March 1, 2027.

7. Final payment is contingent upon State verification that the Project is consistent with the Project scope as described in Exhibit A, together with any State-approved amendments.

8. This Agreement may be amended by mutual agreement in writing between the Grantee and the 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, preferably no less than sixty (60) days before the effective date of the proposed amendment.

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

E. Project Termination

1. Prior to the last to occur of (1) State’s deposit of the Grant Funds into escrow and (2) Grantee’s close of escrow for Acquisition of the easement and/or real property, either party may terminate this Agreement by providing the other party with a minimum of 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 the Grantee which affects performance of this, or any other grant agreement or contract entered into with the State.

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.

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. 50 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.

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 acquisition, 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 certifie d, 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 the 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

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. G rantee 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.
51 H. Use of Facilities

1. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shal l not be unreasonably withheld as long as the purposes for which the grant was awarded are maintained.

2. Grantee shall maintain, operate, and use the project in fulfillment of the purpose funded pursuant to this grant consistent with the Land Tenure Term requirements included in the Application Guidelines and this Agreement (the Land Tenure Term”). The Grantee, or the Grantee’s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the project improvements and render the project obsolete or impracticable to rebuild.

3. Grantee shall use the property for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property for the Land Tenure Term. This Agreement shall not prevent the transfer of the property from the Grante e to a Public Agency, if the successor public agency assumes the obligations imposed by this Agreement.

4. If the Land Tenure Term is perpetuity and the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, an amount equal to (1) the amount of the Grant (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.

5. If the Land Tenure Term is less than perpetuity and the use of the property is changed to a use that is not permitted by the Agreement or if the property is sold or otherwise disposed of prior to the end of the Land Tenure Term, an amount equal to the greater of (1) the amount of the grant or 2) the percentage of the property’s equity at the time of sale or change of use equivalent to the percentage of grant funds contributed toward the original purchase price may be reimbursed to the State.

6. If the Land Tenure Term is less than perpetuity and the use of the property is changed to a nonpublic use or the property is sold or otherwise disposed of after the Land Tenure Term expires, he Grantee or the Grantee’s successor in interest shall reimburse the State a percentage of the property’s equity equivalent to the percentage of grant funds contributed toward the original acquisition.

7. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.

8. The Grantee shall not use or allow the use of any portion of the real property as security for any debt for the Land Tenure Term.

52 9. The Grantee hereby waives any applicable statute of limitations relating to enforcement of Section H herein after the end of the Land Tenure Term.

I. Nondiscrimination

3. The completed project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.

M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.
53 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:

RESOLUTION 2024-
Adopted by the Sacramento City Council

ACCEPTANCE OF FUNDING FROM THE CALIFORNIA NATURAL RESOURCES AGENCY

FOR GARCIA BEND SOCCER FIELD IMPROVEMENTS, ESTABLISHING CAPITAL

IMPROVEMENT PROJECT AND REVENUE AND EXPENSE BUDGETS

BACKGROUND

A. The State of California awarded $1,350,000 to the City of Sacramento in grant funds for Garcia Bend Park soccer field renovations through Assembly Bill (AB) 102 (Budget Act of 2023, Chapters 12, 38, and 189, Statutes of 2023) which makes appropriations for the support of local government projects and programs. This allocation was made at the request of Assemblymember Stephanie Nguyen.

B. The primary purpose of this funding is for improvements to soccer fields at Garcia Bend Park including turf, irrigation, and drainage improvements. The scope also includes improvements to site furnishings and accessibility improvements.

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

Section 1. A new Capital Improvement Project for Garcia Bend Soccer Field Improvements (L19912700) is hereby established.

Section 2. The City Manager or the City Manager designee is authorized to establish revenue and expenditure budgets from Other Capital Grants Fund (Fund 3704) in the amount of $1,350,000 to Garcia Bend Soccer Field Improvements (L19912700).

Sacramento City CouncilJune 18, 2024

Sacramento City Council
June 18, 2024