Item 08 2024-01336 Grant - Fiscal Year (FY) 2023-24 California Natural Resources Agency Park and Community Improvement Projects

City of Sacramento
City Council - 2PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01336 8/20/2024 Consent Item 8.

Grant: Fiscal Year (FY) 2023/24 California Natural Resources Agency Park and Community Improvement Projects
File ID: 2024-01336
Location: Citywide
Recommendation: Adopt a Resolution: 1) approving the California Natural Resources Agency (CNRA) Grant Form Resolution attached to the resolution as Exhibit A; 2) accepting a grant award of $1 million in state grant funds as authorized by the State of California’s Budget Act of 2023; 3) authorizing the City Manager, or the City Manager’s designee to, execute the FY2023/24 CNRA grant agreement in substantially the same form as set forth in Attachment 4 and any other documentation required; 4) authorizing the City Manager or the City Manager’s designee, to request that CNRA approve the use of the grant funding for the projects listed in Attachment 3; 5) approving the subrecipient grant agreement template in substantially the same form as set forth in Attachment 5; 6) authorizing the City Manager, or the City Manager’s designee, to execute subrecipient grant agreements with the specified subrecipient organizations listed in Attachment 6; 7) establishing the Citywide CNRA grant project (G02000450) along with the revenue and expenditure budgets in the amount of $1 million in the operating grant fund (2702); and 8) establishing the City-Owned Capital Improvement Project (CIP) and Multi-Year Operating Project (MYOP) along with the revenue and expenditure budgets as listed in Attachment 3.

Contact: Consuelo Hernandez, Director of Government Affairs, (916) 808-7395, [email protected], Office of the City Manager Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
3-California Natural Resources Agency Grant Project List 4-California Natural Resources Agency Grant Agreement Template 5-Subrecipient Grant Agreement Template
6-Subrecipient Scopes of Work and Budgets

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File ID: 2024-01336 8/20/2024 Consent Item 8.

Description/Analysis
Issue Detail: The State of California awarded the City of Sacramento $1 million in grant funds through Senate Bill (SB) 104, Budget Act of 2023, for various parks and community improvement projects in the city of Sacramento. The California Natural Resources Agency (CNRA) is the lead state agency overseeing the parks and open spaces statewide budget allocation and will administer the $1 million for the Parks and Community Improvement Projects (“Community Grant”).

The SB 104 funding will support one city-owned capital improvement project (CIP) and one multi-year operating project (MYOP) in the amount of $450,000 under the Community Grant as listed in Attachment 3. Each city department will be responsible for project planning, seeking CIP authority, and executing the projects as the state originally intended per CNRA grant guidelines. There are four programs and capital improvement projects to be implemented by other agencies and non-profit organizations under City subrecipient agreements totaling $550,000. The proposed actions include authorizing execution of the CNRA grant agreement for the listed subrecipients.

The CNRA requires the City Council to adopt its CNRA Grant Resolution Form which includes actions to apply and accept the grant funding; make required certifications; and appoint 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 projects.

Staff collaborated across City departments, with Council District offices, and the office of California State Senator Angelique Ashby to screen potential projects for eligibility based upon the grant criteria. The proposed programs and projects are subject to review by CNRA. As part of the grant application, the detailed scopes of work and budgets listed in Attachment 6 will be submitted to CNRA for approval. Allocation of the grant funds under the subrecipient agreements is subject to CNRA’s approval of the scopes of work and budgets. As the grant awardee, the City will administer and provide programmatic and fiscal oversight for its subrecipients.

Policy Considerations: The recommendations contained in this report are consistent with Sacramento City Code Section 3.04.020, which requires Council authorization to enter into 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.

The State grant funding will enable the City and its community partners and agencies to implement new capital improvement projects, improve existing City facilities, enhance community livability, improve public health and safety, provide jobs for youth, and respond to

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File ID: 2024-01336 8/20/2024 Consent Item 8.
the needs and interests of residents. This is consistent with the City’s General Plan Goals in the areas of Education, Recreation, and Culture.

Economic Impacts: None.

Environmental Considerations:

California Environmental Quality Act: The grant agreement and subrecipient agreements include the requirement to conduct environmental review for the capital improvement projects under CEQA once the preliminary design is completed and the scope of the construction project is defined in order to evaluate the potential environmental impacts and identify feasible mitigation measures. CNRA will not approve release of the grant funding until the CEQA process is completed.

Sustainability: The City capital improvement projects have been reviewed for consistency with the goals, policies, and targets of the City’s Sustainability Master Plan (SMP), the City’s Climate Action Plan, and the 2035 General Plan. The projects will advance the goals, policies, and targets of these plans by improving the health of residents and providing recreational opportunities through improvements to City facilities.

Commission/Committee Action: None.

Rationale for Recommendation: The purpose of the grant funds is to support parks and community improvement projects that benefit many diverse communities across the City Sacramento. The recommended programs and projects meet the grant criteria as they address a wide continuum of life -enriching programs and strengthening neighborhoods, in alignment with the purpose of the grants.

Sacramento communities’ economic and social conditions reflect a high need for support services, community engagement and development opportunities, as well as expanding capacity of local organizations to deliver projects and critical services.

Financial Considerations: The California Legislature has allocated specified funding for City and community projects through SB 104, Budget Act of 2023. Projects will be managed by multiple city departments and community-based organizations.

Therefore, staff recommends establishing capital improvement projects for city owned projects and an operating grant project along with respective budgets to memorialize the entirety of the state grant award. All pass-through improvement projects will be recorded in project G02000450 (Operating Grant Fund 2702). The table below reflects all projects, award amounts, and the responsible department or entity.

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File ID: 2024-01336 8/20/2024 Consent Item 8.

Staff will be required to provide basic grant administration such as maintaining thorough financial records, providing periodic progress reports, and managing fiscal reporting to CNRA and payments to the grant subrecipients.

Local Business Enterprise (LBE): The City’s LBE requirements will be applied to the City’s capital improvement projects if local business requirements are allowed to be imposed under the State grant agreement.

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RESOLUTION NO. 2024-
A
dopted by the Sacramento City Council

APPROVING A GRANT AGREEMENT FOR PARK AND COMMUNITY

IMPROVEMENT PROJECTS WITH THE CALIFORNIA NATURAL RESOURCES AGENCY IN THE AMOUNT OF $1 MILLION, APPROVING GRANT SUBRECIPIENT

AGREEMENTS, AND ESTABLISHING REVENUE AND EXPENDITURE BUDGETS

AND CITY CAPITAL IMPROVEMENT PROJECTS

BACKGROUND
A. T
he 2023-24 State Budget (SB 104) included $1 million in appropriations for programs and projects within the City of Sacramento. This State Budget appropriation was for a grant for Park and Community Improvement Projects.

B. T
he State of California Natural Resources Agency (CNRA) has been delegated the responsibility for the administration of the grant. CNRA requires the City to adopt a resolution making specified commitments regarding this grant in order to receive the state funding.

C. The scopes of work and budgets for the programs and projects to be funded under this CNRA grant have been developed. There are 2 City projects and 4 non-profit organizations that are designated to receive portions of the CNRA grant from the City which have developed their scopes of work and budgets. Approving the grant agreement with CNRA and the subrecipient grant agreements will allow for implementation of the programs and projects to be funded by the state.

BAS

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

S
ection 1. The California Natural Resources Agency (CNRA) Resolution form attached as Exhibit A is hereby approved.

Section 2. The grant agreement with CNRA for $1 million for Park and Community Improvement Projects in the form set forth in Attachment 4 of the accompanying staff report is hereby approved. The City Manager or the City Manager’s designee is authorized to execute the CNRA grant agreement.

Section 3. The subrecipient agreement form for the Park and Community Improvement Projects as set forth in Attachment 5 of the accompanying

staff report is hereby approved in substantially the same form as attached.

The City Manager or the City Manager’s designee is authorized to execute subrecipient grant agreements with the listed subrecipients based on the scopes of work and budgets for the capital improvement projects and programs as set forth in Exhibit B of the accompanying staff report.

Section 4. The City Manager or the City Manager’s designee is authorized to establish revenue and expenditure budgets in the total amount of $1 million to implement the Park and Community Improvement Projects CNRA grants as shown in Exhibit B.

Section 5. The City Manager or the City Manager’s designee is authorized to establish the City-owned capital improvement projects and the operating grant project as shown in Exhibit B for the CNRA grant funded Park and Community Improvement Projects. The managing department listed will be responsible for overseeing but not limited to, execution of contracts, changes in thresholds, and seeking council approval for any changes in authority and funding.

Resolution Exhibits:

Exhibit A - CNRA Grant Resolution
Exhibit B – CNRA Project List

Exhibit A

CALIFORNIA NATURAL RESOURCES AGENCY GRANT RESOLUTION FORM

RESOLUTION OF THE CITY OF SACRAMENTO APPROVING THE ACCEPTANCE

OF GENERAL FUND GRANT FUNDS FOR PARK AND COMMUNITY

IMPROVEMENT PROJECTS
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:

BE IT RESOLVED THAT THE SACRAMENTO CITY COUNCIL:

Section 1.

Approves an application to the Natural Resources Agency for grant funds up to the amount of $1 million for Park and Community Improvement Projects.

Section 2.

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

Section 3. The City certifies that it understands the assurances and certification in the Project Information Form.

Section 4.

The City certifies that it will have sufficient funds to develop, operate and maintain the City projects and will enter into an agreement with community- based nonprofit organizations and local agencies to perform operation and maintenance for projects funded by the State grant.

Section 5. The City certifies that it 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.

Section 6. The City certifies that it will comply with the provisions of Section 1771.5 of the California Labor Code.

Section 7. The City certifies that the projects will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act

(CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained.

Section 8. The City certifies that it has reviewed and understands the General Provisions contained in the sample Grant Agreement as set forth in the Procedural Guide.

Section 9.

The City Manager or the City Manager’s designee is authorized to execute the State grant agreement if grant funds are awarded to the City and conduct all negotiations, execute, and submit all documents, including, but not limited to, the Project Information Form, agreements, amendments, and payment requests and so on, which may be necessary for completion of the Grant Scopes for the projects.

Exhibit B

Calfornia Natural Resources Agency (CNRA) Parks and
Community Improvement (GF2307-0)
Project/Pass Through Entity Managing City Department Funding Allocation
City Owned Projects
Shared Spaces Pilot Project P15669800 Public Works $ 200,000.00 Performing Arts District Promotion I17100100 Convention & Cultural Services 250,000.00 Subtotal City Owned (CIP) Projects 450,000.00$
Pass-Through Funding Projects (G0200420)
Mack Road Valley Hi Community Center ExpansionMack Road Partnership City Manager 150,000.00 Midtown Association Lighting Project Midtown Association City Manager 200,000.00 Taco Plaza Sacramento Hispanic Chamber of
Commerce
City Manager 100,000.00
Alder Grove Security Enhancements Sacramento Housing and Redevelopment Agency
City Manager 100,000.00
Subtotal Passthrough Projects 550,000.00$
Total CNRA Allocated 1,000,000.00$
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:

__________________________
Local Assistance Specified Grants 1 Dated:_____________________ Subrecipient Agreement

CALIFORNIA DEPARTMENT OF PARKS AND RECREATION GRANT

SUBRECIPIENT AGREEMENT
This Grant Subrecipient Agreement (“Agreement”), effective XXXX, is between the CITY OF SACRAMENTO, a municipal corporation, (“City”) and XXXX, a California non-profit organization, (“Subrecipient”), which are collectively referred to as “Parties.” Background
A. State Grants - The Budget Act of FY 2023-24 (SB 104, Chapter 189, Statutes of 2023, established the General Fund Specified Grant Projects within the State of California Natural Resources Agency (“State”) , under Local Assistance Specified Grants – Non-Capital.

B. Community Projects - The State funding for the Community Projects, in the total amount of $1,000,000 (the “Community Grant”) to the City of Sacramento, is targeted to fund a variety of capital improvement projects and programs by other government agencies and non
-profit corporations.

C. State G
rant Guidelines - The State has issued a Procedural Guide for the FY 2023-24 – General Fund Specified Pass-Through Grant Projects (the “Guide”), also known as the Procedural Guide for the City of Sacramento Specified Grant, which applies to the State Grant projects and grant recipients. This Agreement includes restrictions and obligations included in the Guide which are applicable t o Subrecipient. City is the “Grantee” for the Community Grant and has entered into the applicable State Grant Agreement. City has allocated a porti on of the Community Grant to Subrecipient based on the State Grant’s list of proje
cts. This Agreement also includes provisions from the State Grant Agreement which are ap plicable to Subrecipient.

Agr
eement
Cit
y and Subrecipient enter into this Agreement for the purpose of establishing each party’s rights and obligations with regard to the disbursement and expenditure of the State Grant for Subrecipient’s Project (defined below) as follows:

1. Sta
te Grant Agreement. This Agreement is subject to the terms and conditions set forth in the State Grant Agreement between the State and the City and the Guide, which are incorporated into this Agreement by this reference. Copies of the State Grant Agreement and the Guide have been provided to Subrecipient prior to execution of this Agreement.

Subrecipient has entered into this Agreement based on its knowledge and acceptance of the terms and conditions set forth in the State Grant Agreement and the Guide.

2. Ter
m. This Term of this Agreement commences on the date of the last signature (the “Effective Date”), which is a date that is not earlier than the date of the State Grant __________________________
Local Assistance Specified Grants 2 Dated:_____________________ Subrecipient Agreement
Agreement and expires on March 1, 2027 (the “Expiration Date”), subject to early termination as provided in Sections 3 and 9.

3. Project Scope and Grant Funds Disbursement.
(a) Project Funding - Subrecipient has been awarded of the State Grant for the project (the “Project”) in the amount of $XXXX (the “Grant Funds”) in accordance with Subrecipient’s proposal to undertake the Project as described Exhibit A (the “Scope of Work, Schedule and Budget”). The Grant Funds amount is subject to reduction if the State does not fully pay City the total amount of the State Grant allocated for the Project, in which case the Parties will refine the Scope of Work and Budget set forth in Exhibit A to reflect the reduction in Grant Funds. (b) Project Cost - Subrecipient certifies that if additional funds are neede d to complete the Scope of Work that Subrecipient either holds such funds, has been allocated the additional funding from other sources, has made arrangements for volunteer labor and donated materials, or otherwise has the financial capacity to undertake and complete the Project as set forth in Exhibit A.
(c) Site Control - Subrecipient certifies that if Subrecipient does not own the property where the Project is to be implemented, Subrecipient certifies that Subrecipient has the ability to obtain the necessary approvals, right of entry permits, or licenses required by the owner of the property to allow Subrecipient to undertake the Project in accordance with the Schedule set forth in Exhibit A. (d) Permits - Subrecipient understands that it must obtain all permits and approvals required to undertake the Project prior to commencement of any construction work. The regulatory agencies may include, without limitation, the American River Flood Control District, Central Valley Flood Protection Board, California Department of Fish and Wildlife, State Lands Commission, US Army Corps of Engineers, and US Fish and Wildlife Service. Also, as applicable, a City or County grading permit and building permit may be required if the Project is a capital improvement project. (e) Reimbursement of Prior Expenditures – The Procedural Guide states that: “Costs incurred before or after the GRANT PERFORMANCE PERIOD are not eligible for reimbursement.” The Grant Performance Period is September 1, 2023, to March 1, 2027. Therefore, Project expenditures made prior to September 1, 2023, are not eligible for reimbursement. And all Project costs must be incurred prior to December 31, 2026, to be eligible for reimbursement, thereby allowing time for project closeout before the end of the Grant Performance Period. (f) Eligible Subrecipient Costs - Subrecipient understands that the State will fund only direct project-related expenses that can be directly tied to the Project. Ineligible costs include indirect costs, food and beverages, out-of-state travel, fundraising and grant writing, and costs incurred outside the grant performance period. It is the __________________________
Local Assistance Specified Grants 3 Dated:_____________________ Subrecipient Agreement
responsibility of Subrecipient to maintain appropriate records for all expenses and be able to provide those records in the event of an audit. (g) Required Contractor Documents - For verification of Subrecipient’s contractor payments, the State requires copies of cancelled checks, bank statements verifying electronic fund transfers, contractor invoices that are stamped “paid,” or credit card statements.
(h) Payment Schedule - Subrecipient certifies that it has sufficient funding (i .e., cash flow) to make payment to its employees and contractors to pay for work completed for the Project prior to receipt of Grant Funds. Subrecipient understands that the State releases the Grant Funds typically six to eight weeks after receipt of an invoice, and will only pay 90% of the invoice until the Project is completed. State withholds 10% from each invoice and releases this retention once the Project is completed with submittal of a final invoice.
(i) Invoices - City will disburse to Subrecipient the Grant Funds based an invoice in the form required by the City and/or state which sets forth: (i) actual costs incurred which have been paid by Subrecipient prior to the submission of the invoice to City, (ii) the source of any additional funds use d to implement the Project, including any volunteer labor and donated materials, and (iii) the planned allocation of the remaining Grant Funds to each task in accordance with the Budget as set forth in Exhibit A. Subrecipient may not submit invoices for disbursements more frequently than once a month. City will forward Subrecipient’s invoice to the State to make payment. City will issue a check to Subrecipient within 30 days after receipt of the Grant Funds from the State for that invoice. The fina l invoice after completion of construction of the Project is due no later than December 31, 2026. (j) Payment Delays - Any Grant Funds invoice that is submitted without the required itemization and documentation will not be accepted. If the invoice is incomplete, inaccurate, or the required documents are not submitted with the invoice, City will inform Subrecipient and withhold submittal of the payment request to the State until all required information is received or corrected. Any penalties imposed on the Subrecipient by a contractor, or other financial consequence, because of delay in payment of Grant Funds is not reimbursable under this Agreement. No reimbursement shall be owed for services provided or costs incurred after the Expiration Date. (k) Budget Adjustment - Subrecipient shall not adjust any line item expenditure in the Budget in Exhibit A by more than 10% without t he prior written approval of the City Representative listed in Section 10. Subrecipient may submit requests for line item adjustments in accordance with the notice procedures in Section 10. (l) Grant Disbursment - Not more than 90% of the Grant Funds may be disbursed before Subrecipient completes all of the tasks by the Schedule set forth in Exhibit A. __________________________
Local Assistance Specified Grants 4 Dated:_____________________ Subrecipient Agreement
Upon receipt of a final invoice after the Project is completed and receipt of the Final Report required under the State Grant, the remaining 10% retention will be released by the State and paid to Subrecipient by City. (m) Stop Work Order - The State has reserved the right to terminate the State Grant for any reason at any time. If the State takes such action, City will notify Subrecipient that all Project work is to cease. Once a notice of State Grant termination is provided by City to the Subrecipient, only authorized and eligible costs incurred prior to the effective date of termination will be paid to Subrecipient by City after receipt of the State Grant funds.
(n
) Withheld Payments - Grant Fund disbursements may be withheld by City at any time if the Subrecipient fails to timely and fully perform the Project as set forth in Exhibit A without a written justification approved by the City Representative listed in Section 10.

4. S
ubmittals. The State requires submittal of various documents regarding the Project during the Term of this Agreement. If the Project is a capital improvement project, the State requires documentation of site control, preliminary work to scope the Project, CEQA clearance for the Project, design plans and specifications, evidence of contractor bonds and insurance, and construction inspection and progress reports. Payment of the Grant Funds may be delayed if the required documents are not timely submitted to and approved by the State. If the Scope of Work, Schedule and/or changes based on the State’s review of the required documentation, then Exhibit A shall be revised and this Agreement amended to update that exhibit.

5. Rep
orts. During the term of this Agreement, at City’s or State’s request, Subrecipient shall provide City with reports as required under the State Grant Agreement and the Guide that provide progress reports and other information related to the Project using the forms included in the Guide and the forms provided by City. Subrecipient shall attach to each report a certification that the Grant Funds received under this Agreement were used only for authorized Project Scope of Work as set forth in Exhibit A. Subrecipient shall submit a final report once the Project is completed, which is required by the State before release of the final Grant Fund payment. This Section 5 will survive the expiration or termination of this Agreement.

6. A
ccounting.
(a) Subrecipient shall keep appropriate books, records and accounts in connection with the Grant Funds received and the expenditures for Project under this Agreement in accordance with generally accepted accounting practices and shall retain such documents for a period of five years following receipt of the final payment of Grant Funds. Subrecipient shall provide access to Subrecipient’s books, records and accounts for inspection and audit by City and/or by the State for a three year period after final payment of the Grant Funds. At City’s election, the City Accounting Manager or his agent, at all reasonable times, may audit Subrecipient’s books, __________________________
Local Assistance Specified Grants 5 Dated:_____________________ Subrecipient Agreement
records and accounts to determine whether the Subrecipient has complied with the terms of this Agreement and the State Grant Agreement. This Section 6(a) will survive the expiration or termination of this Agreement. (b
) If the City Accounting Manager or the State determines that the Grant Funds were expended by Subrecipient for unauthorized uses, upon receipt of the written demand issued by City which details the unauthorized expenditures, Subrecipient shall reimburse City for the amount of the unauthorized expenditures.

Reimbursement shall be made by check payable to the City and delivered to the City Representative at the address set forth in Section 10 within 30 days from the date of the demand for repayment. This Section 6(b) will survive the expiration or termination of this Agreement.

7. P
ublic Works Projects. If Subrecipient’s Project is a capital improvement project, it is considered to be a “public works project” under state law. As a result, the following provisions, among other applicable laws and regulations, are required to be met. (a
) Project Plans - Subrecipient shall arrange for the preparation of the design plans and technical specifications (the “Project Plans”) for construction of the Project.

The Project Plans shall include all of the Scope of Work improvements described in Exhibit A and be submitted to City for approval. For a Project located on City property, Subrecipient covenants that the Project Plans will be designed and prepared in compliance with the City’s Standard Specifications. The City agrees to use its best efforts and due diligence to review, provide comments regarding any necessary corrections, and approve the Project Plans in a prompt and timely manner. The City's approval shall not be unreasonably withheld or conditioned.

Subrecipient must obtain written approval of the Project Plans by SMUD, PG&E and all other appropriate public entities or utility companies which will own, operate and/or maintain any portion of the utility improvements that are to be installed as part of the Project. Subrecipient covenants that the Project Plans will be designed and prepared in accordance with the applicable utility company requirements.

S
ubrecipient shall cause all contracts relating to preparation of the Project Plans to require the design and engineering consultants to fully and without limitation indemnify, defend and hold harmless City, State, and their officers, employees and agents from and against any and all Claims (as defined in Section 10) arising by reason of any death, bodily injury, personal injury, property damage or violation of any law or regulation to the extent arising from any actions or omissions of such professional in connection with the design of the Project Plans by said consultant, or any other person or entity employed by or acting as the authorized agent for said consultant. The aforesaid indemnity and hold harmless agreement shall not be limited or waived in any way based upon the fact that City and State have approved the Project Plans, or have inspected or failed to inspect construction of the Project. __________________________
Local Assistance Specified Grants 6 Dated:_____________________ Subrecipient Agreement
(b) Bid Documents and Contract Award - After City, and if applicable State, have given its written approval of the Project Plans, Subrecipient shall prepare the bid document that includes the approved construction plans and specifications for the Project, and shall provide City with an updated construction cost estimate and construction schedule. The bid documents shall include the requirement to post payment and performance bonds for 100% of the contract amount, maintain a minimum of $1 million in commercial general liability insurance which names the City and State as additional insureds, maintain a minimum of $1 million auto liability insurance, and maintain workers compensation insurance which includes a waiver of subrogation of the City if the Project is located on City property.

Su
brecipient shall publicly solicit bids by posting the bid document in accordance with Subrecipient’s bid procedures and award the construction contract to the responsible and responsive bidder offering the lowest bid price. If the bid price exceeds the construction cost estimate, Subrecipient shall submit an updated Budget and identify any other sources of funds to be allocated to the Project if the updated total Budget amount will exceed the amount of the Grant Funds.

The bid documents shall include an obligation that the contractor warrants that the Project improvements will be free from any defects in materials and workmanship for a period of one (1) year following the date of final acceptance. The contractor’s warranty may exclude damages or defects caused by: (i) ordinary wear and tear of the Project improvements under normal usage, (ii) abuse or neglect by other persons, (iii) vandalism and acts of God, and (iv) City employees and agents. (c) P
revailing Wages - Pursuant to Labor Code Section 1773, Subrecipient shall require its contractor and subcontractors to pay their construction workers not less than the general prevailing rate of wages for such workers' craft or trade, as determined by the Director of the Department of Industrial Relations (DIR) at the time that Subrecipient issues the solicitation for bids for the Project. In accordance with state laws and DIR’s regulations, at a minimum these requirements include that the contractor and all of its subcontractors must be certified with the DIR, the Project is registered with DIR, daily reports describe the work performed, workers have been interviewed to insure proper classification, verification of fringe benefit and if applicable overtime payments occurs, apprentices were requested, and training fund payment is made. Subrecipient is responsible for insuring that its contractor and subcontractors comply with this state law and the applicable DIR regulations.

Sac
ramento Regional Conservation Corps (SRCC) is certified as an apprenticeship program and is exempt from prevailing wages. SRCC’s exemption from prevailing wage is defined in Labor Code Section 1720.4 as work performed by volunteers, volunteer coordinators, or conservation corps members.
(d
) Commencement and Completion of Construction - Subrecipient shall require its contractor to commence construction of the Project no later than three (3) months __________________________
Local Assistance Specified Grants 7 Dated:_____________________ Subrecipient Agreement
after contract award, unless an extension is approved by the City and if applicable the State, and thereafter shall insure that the contractor diligently works to complete construction of the Project in a timely and efficient manner on or before the contract completion date.
(e
) Inspection - Subrecipient shall at all times allow City and State representatives to inspect the property and the Project construction during the Term of this Agreement. (f
) Notice of Completion – Upon completion of construction, Subrecipient shall record a Notice of Completion with the County Recorder and address any claims by laborers and subcontractors for payments owed by the contractor.

8. No
n-Discrimination. Subrecipient shall not unlawfully discriminate, harass, or allow harassment of any employee of Subrecipient, any employee of Subrecipient’s contractors, or any member of the public receiving the Project’s services because of sex which includes gender identity and gender expression, race, color, religion or religious creed, ancestry, national origin, disability (mental and physical) including HIV and AIDS, medical condition (including cancer/genetic characteristics), genetic information, marital status, sexual orientation, citizenship, primary language or immigration status. Unlawful discrimination includes denial of family and medical care leave, pregnancy disability leave, or reasonable accommodation. Subrecipient and its contractors 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. Subrecipient and its contractors 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 Agreement by reference and made a part hereof as if set forth in full. Subrecipient shall include this non- discrimination and compliance provisions of this Section 8 in all contracts to perform work for the Project under this Agreement.

9. T
ermination. City may terminate this Agreement prior to the Expiration Date set forth in Section 2, if the City Manager, or his designee, determines that any of the following circumstances has occurred:
(a
) Subrecipient has improperly used the Grant Funds;
(b
) Subrecipient has failed to submit properly itemized invoices, progress reports and other required documents on time and in proper form;
(c) Su
brecipient has made any material misrepresentation of any nature with respect to any information or statements furnished to City in connection with this Agreement;
__________________________
Local Assistance Specified Grants 8 Dated:_____________________ Subrecipient Agreement
(d) There is pending litigation with respect to the performance by Subrecipient of any of its duties or obligations under this Agreement that may materially jeopardize or adversely affect Subrecipient’s ability to implement the Project; (e
) Subrecipient has failed to perform, or has performed unsatisfactorily, any term of this Agreement; or
(f
) City has disbursed all of the Grant Funds and Subrecipient has completed the Project and submitted the progress and final reports, so there are no further obligations by any Party under this Agreement.

T
he City shall be entitled to all remedies available under law and equity, including but not limited to: (i) specific performance; (ii) return of all Grant Funds; (iii) payment of the costs of endorsement of this Agreement, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees. 10 . Notices. Any notice, request, report, or demand under this Agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this Section 10 to the persons identified below or their successors. A mailed notice, application, request, report, or demand will be effective on the second calendar day from the date it is deposited in the United States Mail addressed as set forth below with postage prepaid. A notice, application, request, report, or demand sent in any other manner will be effective or will be considered properly given when actually delivered.

If to
Subrecipient: See Exhibit A
If to
City: Consuelo Hernandez
Director of Governmental Affairs
City of Sacramento
915 I Street, 5th floor
Sacramento CA 95814
(916) 808-7395
[email protected]
A
ny party may change its address for these purposes by giving written notice of the change to the other parties in the manner provided in this Section 10.

11. Inde
mnity. Subrecipient shall defend, hold harmless, and indemnify City, State and their respective officers, employees, and agents from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description (collectively “Claims”), including, but not limited to, (a) development, construction, operation or maintenance of the property where the Project Is located, which Claims arise under Government Code Section 895.2 or otherwise, and (b) any costs reasonably incurred by the City’s staff attorneys or outside attorneys and any fees __________________________
Local Assistance Specified Grants 9 Dated:_____________________ Subrecipient Agreement
and expenses incurred in enforcing this provision, (collectively, “Liabilities”), including Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way related to Subrecipient’s acts or omissions under this Agreement, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment, except that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from the sole negligence or willful misconduct of the City, State, and their respective officers, employees, and agents. The provisions of this Section 11 will survive the expiration or termination of this Agreement.

Nothing in this Agreement shall be construed as a waiver by City of any immunity or defense it may have relating to any such Claim, including, without limitation, immunity or defenses relating to design review and construction inspection. With respect to the acts or omissions of the Subrecipient’s agents, Subrecipient’s indemnity obligation shall be limited to the acts or omissions of Subrecipient’s authorized agents acting within the course and scope of such agency.

12. Ins
urance. During the term of this Agreement, Subrecipient shall maintain at its sole expense insurance coverage as follows:
(a) C
ommercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of Subrecipient, products and completed operations of Subrecipient, and premises owned, leased, or used by Subrecipient, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy must provide contractual liability and products and completed operations coverage for the term of the policy.
(b
) Workers’ Compensation Insurance with statutory limits, and Employers’ Liability Insurance with limits of not less than one million dollars ($1,000,000). (c) T
he Commercial General Liability policy must contain, or be endorsed to contain, the following provisions:
(1
) The City, State, and their respective officers, employees, and agents must be covered by policy terms or endorsement as additional insureds. (2
) Subrecipient’s insurance coverage is primary insurance. Any insurance or self- insurance maintained by the City, State and their officers, employees, and agents is in excess of Subrecipient’s insurance and does not contribute with it. (3
) The City must be provided with 30 days’ written notice of cancellation or __________________________
Local Assistance Specified Grants 10 Dated:_____________________ Subrecipient Agreement
material change in the policy language or terms.
(d
) Insurance must be placed with insurers with a Bests’ rating of not less than A:VI.

Self-insured retentions, policy terms, or other variations that do not comply with the requirements of this Section 12 must be declared to and approved by City in writing prior to execution of this Agreement.
(e) Su
brecipient shall furnish City with certificates and required endorsements evidencing the insurance required. The certificates and endorsements must be forwarded to the City Representative named in Section 10. Copies of policies must be delivered to City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier.
(f
) For all insurance policy renewals during the term of this Agreement, Subrecipient shall send insurance certificates reflecting the policy renewals directly to:

C
ity of Sacramento
c/o EXIGIS LLC
P.O. Box 947
Murrieta, CA 92564
Insurance certificates also may be faxed to (888) 355-3599, or e-mailed to: [email protected]
(g
) The City may withhold payments to Subrecipient or terminate the Agreement if the insurance is canceled or is not renewed as required by this Section 12. (h) Su
brecipient’s liability to the City is not in any way be limited to or affected by the amount of insurance coverage required or carried by Subrecipient in connection with this Agreement.

13. Conflicts of Interest. During the term of this Agreement, Subrecipient, its officers, directors, employees, and agents shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of City and State, or that in any way hinders Subrecipient’s performance of its obligations under this Agreement.

14. C
ompliance with Laws. Subrecipient certifies that the services to be provided to implement the Project will comply with all current applicable laws and regulations, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws.

15. M
iscellaneous.
(a) Assignment. Subrecipient may not assign or otherwise transfer this Agreement or any interest in it without City’s written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this Section __________________________
Local Assistance Specified Grants 11 Dated:_____________________ Subrecipient Agreement
15(a) is void.
(b
) Successors and Assigns. This Agreement binds and inures to the benefit of the successors and assigns of the parties. This Section 15(b) does not constitute the City’s consent to any assignment of this Agreement or any interest in this Agreement.
(c) Independent Contractors. Subrecipient may assign employees and volunteers or contract with third parties to perform the services at its exclusive discretion and the services of such assigned employees, volunteers and third parties shall be at the sole expense of Subrecipient and they shall not be entitled to any benefits payable to employees of City.
(d
) Third Parties. This Agreement is for the sole benefit of Subrecipient and City and no other person or entity shall be entitled to rely upon, enforce, or receive any direct benefit from this Agreement.
(e
) No Joint Venture. It is understood and agreed that each party is an independent person, entity or government agency and that this Agreement shall not create a relationship between City and Subrecipient of employer-employee, joint venture, partnership, or any other relationship of association. Except as expressly provided in this Agreement or as the parties may specify in writing, neither party shall have authority, express or implied, to act on behalf of the other party in any capacity whatsoever as an agent.
(f) Interpretation and Exhibits. This Agreement is to be interpreted and applied in accordance with California law. Exhibit A is attached and incorporated into this Agreement by this reference.
(g
) Waiver of Breach. A party’s failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other party’s breach of this Agreement will not constitute a waiver of the performance, right, or remedy. A party’s waiver of the other party’s breach of any term or provision in this Agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party.
(h
) Severability. If a court with jurisdiction rules that any nonmaterial part of this Agreement is invalid, unenforceable, or contrary to law or public policy, then the rest of this Agreement remains valid and fully enforceable. (i
) Counterparts. The parties may sign this Agreement in counterparts, each of which is considered an original, but all of which constitute the same Agreement. Facsimiles, pdfs, and photocopies of signature pages of the Agreement have the same binding effect as originals.
__________________________
Local Assistance Specified Grants 12 Dated:_____________________ Subrecipient Agreement
(j
) Time of Essence. Time is of the essence in performing this Agreement. (
k) Integration and Modification. This Agreement sets forth the parties’ entire understanding regarding the matters set forth above and is intended to be their final, complete, and exclusive expression of those matters. It supersedes all prior or contemporaneous agreements, representations, and negotiations—written, oral, express, or implied—and may be modified only by another written agreement signed by both parties.
(l
) Authority. Each of the signatories to this Agreement represents that he/she is authorized to sign the Agreement on behalf of such party and that all approvals, resolutions and consents which must be obtained to bind such party have been obtained that no further approvals, acts or consents are required to bind such party to this Agreement.
[
signature page follows]
__________________________
Local Assistance Specified Grants 13 Dated:_____________________ Subrecipient Agreement
IN WITNESS WHEREOF, this Agreement has been entered into as of the day and year first stated above.

C
ity of Sacramento
By
: ______________________________
Name:

Dated:

Ap
proved as to Form:

By
: ______________________________
Assistant City Attorney
Dated:

A
ttest:

By
: ______________________________
Assistant City Clerk
Dated:

Su
brecipient
By
: ______________________________
Name:

Title:
__________________________
Local Assistance Specified Grants 14 Dated:_____________________ Subrecipient Agreement
Exhibit A

SCOPE OF WORK, SCHEDULE AND BUDGET
Subrecipient Name and Address:

Project Description:

T
ask Schedule:

Grant Amount: $
Project Budget: $
1 PROJECT SUMMARY, COST ESTIMATE, AND TIMELINE
Pass-through Funding Projects

Project Name: Mack Road Valley Hi Community Center Expansion Project Sub-Grantee Name: ReIMAGINE Mack Road Foundation
Sub/Grantee Address: 75 Quinta Court Ste. D Sacramento, CA 95823 Project Manager Name: Marilyn Mann
Project Manager Title: Director of Community Partnerships Project Manager Email: [email protected] Project Manager Phone: 916-282-3203

Estimated Date of Completion: June 30, 2026
Grant Amount: $150,000
Estimated Total Project Cost: $312,500

Brief Project/Program Description:

Through the support and leadership of the parent organization, the Mack Road Partnership, ReIMAGINE Mack Road Foundation works to improve community well-being and safety by activating neighborhood, economic, & community development in theValley Hi Community of South Sacramento. • ReIMAGINE implements initiatives that address barriers to access to healthy food, academic support, employment and training opportunities, economic development opportunities, community health, and neighborhood safety.
• ReIMAGINE implements positive youth development framework strategies to increase academic success, improve socioemotional well-being, and create access to high-quality, culturally relevant, and youth-focused expanded learning activities.

Annually, we provide community supports and opportunities to over 500 at-risk, school-aged (5-18 years), underserved, socioeconomically disadvantaged youth and their families who participate in multiple services, groups, activities, and events offered by ReIMAGINE throughout the program year. Youth served at the Mack Road Valley Hi Community Center Campus have access to academic support, expanded learning/enrichment activities, supported youth workforce development opportunities (summer program), and other supportive services.

With the recent purchase of the 3.01-acre lot, including the building that currently operates as the Mack Road Valley Hi Community Center and a second building previously operated by St Andrew Lutheran Church, the opportunity to expand services beyond core youth programming through additional community partnerships includes, but is not limited to pop-up community health clinics/vaccinations, access to community resources, access to adult education programs, community town hall meetings, resource and job fairs, community economic development supports & opportunities, business & community training seminars, senior connection station (community engagement activities & resources for older adults/elderly.

A deeper dive into meeting the community's needs through expanded resources and services means expanded community supports and opportunities to vulnerable, under-resourced families, households without children, older adults, seniors, emerging immigrant populations, and refugees already in Sacramento. ReIMAGINE Mack Road Foundation will use the funding to complete program expansion of Mack Road Valley Hi Community Campus, including:
• Expanded community supports and opportunities to vulnerable, under-resourced families, households without children, older adults, seniors, emerging immigrant populations, and refugees already in Sacramento (95823).

ReIMAGINE Mack Road Foundation will use the funding to complete program expansion of Mack Road Valley Hi Community Center, including:
o Program staff to implement expanded afterschool/non-school hours through violence prevention activities, life and leadership skills development, Academic Support & Enrichment Activities, & Supported Youth Workforce development programs/activities o Program supplies used for and by youth Other direct costs & program operations (mortgage reduction payments, utilities etc.)

Cost Estimate:
2 Development Costs

Project Elements

Total Costs

GF Grant

Other Funder

1.0 Non-Construction $200,000 $100,000 $100,000
Development Total $200,000 $100,000 $100,000 $

Programmatic Costs
Project Elements Total Costs GF Grant Other Funder Other Funder

3.1 Facilities/Utilities $24,000 $10,000 $14,000

3.2 Program Supplies $12,000 $5,000 $7,000

3.3 Program Staff-

1.0 FTE
Youth Engagement
Specialist
$51,000 $35,000 $16,000

3.4 Program Staff-
.50 FTE
Youth Engagement
Specialist
$25,500 $25,500
Programmatic Total $112,500 $50,000 $37,000 $25,500
Overhead (limited
to 15% of grant

Project Grant Total $312,500 $150,000 $137,000 $25,500
• All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.
• For Grantee Staff Labor 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.

Project Timeline:

Activity Description Timeline
Preliminary project work:
• Buy down/pay off remaining loan balance on Mack Road Valley Hi Community Campus (7833 Center Parkway Sacramento, CA 95823, a 3.01 acre property; parcel #117-0012-009-000)
March 2025
Program staff to implement expanded afterschool/non-school hours through violence prevention activities, community engagement/outreach, life and leadership skills development, Academic Support & Enrichment Activities, & Supported Youth Workforce development programs/activities during grant parameters
July 2024-June 2026
Submit Project Closeout Package August 2026

3 Project Name: Paragary Pathway Lighting Investment
Sub-Grantee Name: Midtown Sacramento PBID Corporation
Sub/Grantee Address: 1401 21st Street, Unit A
Project Manager Name: Jameson Parker
Project Manager Title: Deputy Director
Project Manager Email: [email protected]
Project Manager Phone: 916-442-1500

Estimated Date of Completion: October 31, 2025
Grant Amount: $200,000
Estimated Total Project Cost: $704,000
Project Address: 28th and 29th Streets between J and O Streets

Brief Project/Program Description:

Paragary Pathway, a lighting project inspired by and to honor the legacy and lasting influence of Randy Paragary, aims to enhance up to 19 block faces through the installation of ambient LED lighting in trees located in the Sutter District, along 28th Street and a portion of 29th Street from J to O streets. Commemorative plaques will be placed on either end of 28th Street, near Paragary’s, Fort Sutter Hotel and Centro Cocina Mexicana, as bookends of the project area.

Within the footprint of the project new electrical service will be set up that will connect the approximately 100 trees with underground conduit. At each tree well point of electrical connection will be set up to connect lighting to. A traditional trunk wrap will be utilized for the majority of the trees in the project area. With a dense concentration of bulbs, the lighting will be programmed to remain static. The lights will start approximately 8-10 feet above the ground as to deter vandalism or unintentional interference with the lights. Also, there is new technology with this application method that allow for the lighting cables to expand with the tree so they don’t restrict trunk or branch growth.

Additionally, the extensive palm tree canopy in the project area will have a lighting application method that mimics those in front of the Fort Sutter Hotel. A ring will be attached from approximately 8-10 feet up the tree trunk and will offer uplighting into the palm leaves.

Cost Estimate:

Programmatic Costs
Project Elements Total Costs GF Grant Other Funder Other Funder Electrical
Engineering
$21,580
Civil Engineering $48,000 $40,000
Electrical Upgrade
Materials
$160,000 $160,000
Electrical Upgrade
Labor
$250,000
Lighting Materials $55,580
Lighting Installation $30,000
Permitting $37,500
Programmatic Total $602,660 $200,000 $ $
Overhead (limited
to 15% of grant

Project Grant Total $602,660 $200,000 $ $
• All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.
• For Grantee Staff Labor 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.

Project Timeline:
4 Activity Description Timeline
Task 1 – Civil Engineering March – June 2024
Task 2 – Permitting May – July 2024
Task 3 – Conduit Construction August – October 2024
Task 4 – Lighting Installation November 2024

5 Project Name: Northgate Taco Plaza
Sub-Grantee Name: Sacramento Hispanic Chamber of Commerce Foundation Sub/Grantee Address: 400 Capitol Mall, 9th Floor, Sacramento, CA 95814 Project Manager Name: Cathy Rodriguez
Project Manager Title: President & CEO
Project Manager Email: [email protected]
Project Manager Phone: 916.486.7700

Estimated Date of
Completion:

December 2025*
Grant Amount: $100,000
Estimated Total Project
Cost:
$514,500

Brief Project/Program Description:

In partnership with Tacos La Piedad, the Gardenland Northgate Neighborhood Association, the City Sacramento Office of Councilmember Karina Talamantes, the City of Sacramento Office of Innovation & Economic Development, and the Sacramento Hispanic Chamber of Commerce Foundation, a Taco Plaza is being built to create a hub of economic vitality on Northgate Boulevard. The Taco Plaza will feature food trucks and vendors, offer a green oasis through landscaping and garden features, create a community space for visual and performing arts, and events. It will be a place that the neighbors can enjoy that also invites visitors from across the Sacramento region to experience this destination.

Tacos are more than just food; tacos are a symbol of unity and togetherness representing the heart of our community.

The Taco Plaza will be a place where people from all walks of life can gather, savor delicious tacos, and create lasting memories. The Sacramento Hispanic Chamber of Commerce Foundation in partnership with the City of Sacramento has assisted the property owner and neighborhood association to obtain a conditional use permit that allows for pop-up events. An entertainment permit is also being processed. These efforts have allowed the Northgate community and Sacramento residents to see what the Taco Plaza will bring to a commercial corridor that has been overlooked for economic investment for too long.

Currently, the site is a lightly used parking lot with a beautiful mural “Rhythm & Victory” on the wall of a building facing the adjacent Peralta Avenue. Atlas Labs, a local, Latina-owned business, has created the design for the Taco Plaza that includes an art installation featuring the lettering “TACO”, a small stage, ground mural, landscaping, shading, areas for food trucks and vendors, as well as limited parking (attached design and estimate). Atlas Labs is also under contract to create a project entitlement package based on the original design that will be submitted to the City of Sacramento. Once the entitlement package is approved, Atlas Labs will also create construction drawings and a bid set for the project.

The Sacramento Hispanic Chamber of Commerce is the Project Coordinator for the Taco Plaza and is working with Atlas Labs to convene the appropriate experts to build the Taco Plaza, as well as track the expenses and oversee the budget. Several construction companies have been contacted for assistance to inform the current construction estimates and timeline. A construction manager to work in partnership with Atlas Labs will be hired once the entitlement package is approved. The estimated completion for the Taco Plaza is the end of 2025.

Cost Estimate: $514,500
Development Costs

Project Elements

Total Costs

GF Grant

Other
Funders

Unfunded

Planning, Design and Permitting (Includes Entitlement
package, construction bid documents, City Permitting)
$32,500 $30,000 $2,500
Construction, Materials and Site Improvements (Art
Installation, Ground Mural, Furniture and Materials,
$395,500 $60,000 $144,800 $190,700
6 Landscaping and Shading, Irrigation and Infrastructure, Lighting, Security Equipment)
Equipment (Signage, Sound Syster, Vendor Trailers) $36,500 $5,000 $31,500

Development Total 464,500 $90,000 $152,300 $222,200
Grantee Staff Salaries and Benefits $50,000 $10,000 $15,700 $24,300 Project Grand Total 514,500 $100,000 $168,000 $246,500
• All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.
• For Grantee Staff Labor 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.

Project Timeline:

Activity Description Timeline
ARPA Contract Received and Signed includes $65,000 for Taco Plaza January 2023 Stakeholders Monthly Meetings Set February 2023
Conditional Use Permit Application Submitted April 2023 MOU Agreements with property owner, SACHCCF, and City of Sacramento June 2023 MOU Agreements Attorney Review and Final Agreements Signed July 2023 Landscape Architect Outreach July 2023
Atlas Labs – Landscape Architect Agreement for Initial Design August 2023 CUP Permit Approved October 2023
Pop Event October 2023
Taco Plaza Design Shared to Community/Public October 2023 Fundraising for Taco Plaza website set October 2023
Outreach for Construction Manager January 2024
Contract Landscape Architect for Project Entitlement Package, Construction Documentation, and Bid Set.

May 2024
Entertainment Permit Process Complete July 2024
Entitlement package submitted to City July 2024
Entitlement package approved construction drawings created September 2024 Construction bidding/solicitation conducted September/October 2024 Construction Company/Manager Agreement October 2024
RFP for Taco Art Installation October 2024
Construction Manager and Landscape Architect Provide Timeline for Project October 2024 Accept RFP for Taco Art Installation November 2024*
Taco Art Installation Begins November 2024*
Outdoor Furniture Selected December 2024*
Taco Art Installation Complete December 2024*
RFP for Mural Proposals for Ground January 2025*
Mural Proposal Reviewed and Chosen March 2025*
Mural Complete April 2025*
Landscape/Irrigation January 2025/February 2025*
Shading Installation May 2025*
Electrical Installation May 2025*
Vendor Trailers Ordered May 2025*
Stage Completed August 2025*
Lighting Completed August 2025*
Sound System August 2025*
Signage (Directional) September 2025*
Vendor Trailers Arrive August 2025*
7 Security Cameras Added August 2025*
Taco Plaza fully Activated September 2025*

*Once the Construction Manager and Landscape Architect have been finalized and on contract, this timeline may adjust.

We also are aware that since this is an outdoor project the weather may change when work can be completed. In speaking with experts about the project and scope of work, we anticipate having all completed no later than the end of 2025.

8 Project Name: Alder Grove Security Enhancements
Sub-Grantee Name: Sacramento Housing and Redevelopment Agency Sub/Grantee Address: 2530 Muir Way Sacramento, CA 95818 Project Manager Name: La Shelle Dozier
Project Manager Title: Executive Director
Project Manager Email: [email protected]
Project Manager Phone: 916-440-1319

Estimated Date of Completion: 12/2025
Grant Amount: $100,000
Estimated Total Project Cost: $500,000

Brief Project/Program Description:

With State Earmark funding the Alder Grove Security Enhancement Project, with a budget of $100,000 and scheduled from November 2024 to June 2025, aims to address the issue of sparse and outdated lighting, with many fixtures damaged or inoperative. To improve safety and natural surveillance, the project will replace old lighting systems with new LED lights, add solar-powered lighting on the housing property along internal streets like Revere, Marsh, Kemble, and Warner Streets, and ensure all exterior lighting meets Illuminating Engineering Society of North America (IESNA) standards. Effective lighting, crucial for security and reducing fear of crime, will be installed using full cut-off fixtures to avoid glare and light trespass, with LED or metal halide bulbs for good color rendering. The project will also involve illuminating dark regions, parking lots, access points, and walkways, engaging reputable professionals for installation, and creating uniformity and security throughout the community. Security cameras will be installed in key locations.

The proposed Video Surveillance and Lighting Enhancement Projects will provide significant improvements in safety and security for Alder Grove and Marina Vista. By implementing these measures, we can deter criminal activity, enhance natural surveillance, and create a safer environment for all residents.

9 PROJECT SUMMARY, COST ESTIMATE, AND TIMELINE
City Projects/Capital Improvement Projects (CIPs)

Project Name: Brand Positioning, Marketing & Activating the SAFE Credit Union Convention & Performing Arts District
Sub-Grantee Name: City of Sacramento
Sub/Grantee Address:

Project Manager Name: Matthew Voreyer
Project Manager Title: General Manager, SAFE Credit Union Convention & Performing Arts District Project Manager Email: [email protected]
Project Manager Phone: 916-808-5503

Estimated Date of Completion: June 30, 2026
Grant Amount: $250,000
Estimated Total Project Cost: $325,000

Brief Project/Program Description:

The SAFE Credit Union Convention & Performing Arts District is one of the City of Sacramento’s signature public investments in tourism, creative and cultural vitality and economic development. Located in the heart of downtown, the SAFE Credit Union Convention and Performing Arts District includes the SAFE Credit Union Convention Center, SAFE Credit Union Performing Arts Center, and Memorial Auditorium. This district is the venue for a variety of events including major conventions, tradeshows, sporting events, seminars, performing arts, concerts, comedy, commencements, weddings & galas.

Since reopening the SAFE Credit Union Convention Center, SAFE Credit Union Performing Arts Center, and Memorial Auditorium, these city assets have:
• Hosted 506 unique events
• Held 314 Performances
• Served 2M+ Attendees
• Contributed $325M in Economic Impact to the Sacramento Region As the SAFE Credit Union Convention & Performing Arts District looks to the future, the Department of Convention & Cultural Services believes that leaning into its civic purpose is the key to its further growth and success.

Widespread consolidation in the entertainment venue landscape is producing market failures in the entertainment industry, leaving communities behind and new markets untapped. Further, given Sacramento’s position as one of the most diverse cities in the United States, we understand that a cultural and entertainment landscape that reflects that diversity is essential and that the public sector plays a critical role in facilitating that outcome. Moreover, it’s clear that businesses that center diversity, equity and inclusion in their business strategy perform better economically. As a case in point, recently the SAFE Credit Union Convention & Performing Arts District has been working with a new Latino promoter who has been seeing great results, including sold out shows. It is with this in mind that the Department of Convention & Cultural Services puts forth this project focused on brand positioning, marketing and activating the SAFE Credit Union Convention & Performing Arts District with a particular focus on the SAFE Credit Union Performing Arts Center and Memorial Auditorium (including the Jean Runyon Little Theater).

The brand positioning, marketing and activation project will have the following components:
• Brand positioning. Formalize the brand and price positioning of the SAFE Credit Union Performing Arts Center and Memorial Auditorium considering current and forthcoming changes to the entertainment venue landscape in Sacramento.
• Marketing strategy development. Develop a new marketing strategy and messaging platform as well as corresponding advertising collaterals including print and digital to coordinate with brand positioning. • Collaborative marketing program. Working with the SAFE Credit Union Performing Arts Center and Memorial Auditorium resident companies and other promoters develop collaborative marketing program that drives attendance and corresponding revenue.

Activation. Pilot new SAFE Credit Union Convention & Performing Arts activations that expand and diversify available offerings, drive activity to the district and surrounding businesses and contribute to creative sector growth.

10 Cost Estimate: $325,000

Programmatic Costs
Project Elements Total Costs GF Grant Other Funder Other Funder

3.1 Brand Positioning $50,000 $50,000

3.2 Marketing Strategy
Development
$50,000 $50,000

3.3 Collaborative
Marketing Program
$100,000 $75,000 $25,000

3.4 Activation Production
Costs
$125,000 $75,000 $50,000

3.5 Staff Labor
Programmatic Total $325,000 $250,000 $75,000 $
Overhead (limited to
15% of grant

Project Grant Total $325,000 $250,000 $75,000 $
• All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.
• For Grantee Staff Labor 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.

Project Timeline: January 1, 2025 – June 30, 2026
Activity Description Timeline
Consultant RFPs & Selection for brand positioning and marketing strategy development.

September 1, 2024 – December
31, 2024
Planning discussions with resident companies and other promoters regarding collaborative marketing program.

September 1, 2024 – December
31, 2024
RFP & Selection for development of collaborative marketing program. January 1, 2025 – March 31, 2025
Complete brand positioning and marketing strategy development work. January 1, 2025 – June 30, 2025 Develop collaborative marketing program. April 1, 2025 – August 30, 2025 Deploy new brand positioning and marketing strategy. July 1, 2025 – June 30, 2026 Deploy collaborative marketing program. September 1, 2025 – June 30, 2026
Carry out pilot activations. January 1, 2025 – June 30, 2026 Submit Project Closeout Package September 30, 2026

11 Project Name: Shared Spaces Pilot Project
Sub-Grantee Name: City of Sacramento
Sub/Grantee Address:

Project Manager Name: Matthew Eierman
Project Manager Title: Director of Public Works
Project Manager Email: [email protected]
Project Manager Phone: 916-808-5849

Estimated Date of Completion: December 2024
Grant Amount: $250,000
Estimated Total Project Cost: $200,000

Brief Project/Program Description:

Improving pedestrian safety and ensuring ADA compliance while balancing the needs of businesses requires a comprehensive and collaborative approach. The pilot project aims to enhance infrastructure on the east side of 19th Street between L Street and Liestal Ally by implementing and improving ADA-compliant paths of travel on a raised platform, modified curb ramps, and tactical striping, significantly improving safety and accessibility. Traffic calming measures, such as reducing parking spaces and traffic lanes, will be introduced to lower vehicle speeds and enhance pedestrian visibility and safety, with minimal disruption to nearby business operations. Designing shared spaces where businesses, pedestrians, bicyclists, and vehicles coexist, using flexible design elements like raised platforms, unique architecture, and striping, will further improve urban areas. Since 2020, the city has involved local businesses in the planning process of shared spaces, gaining valuable insights into foot traffic patterns and peak times to design solutions that benefit both pedestrians and businesses. Developing flexible regulations that accommodate the unique needs of different business types while maintaining safety and accessibility standards is essential. By integrating these strategies, the City of Sacramento aims to create safe, accessible environments that support pedestrian movement, comply with ADA standards, and address the needs of local businesses, ensuring vibrant and inclusive urban areas for all stakeholders while providing prototypes to expand these concepts further.

This pilot project aims to significantly benefit the community by enhancing our flexibility in design standards. By conducting this trial, we can ensure that all ADA (Americans with Disabilities Act) and safety elements are thoroughly integrated and compliant before full-scale implementation. This proactive approach will help us identify and address any potential issues, ultimately leading to a safer and more accessible environment for all community members.

The pilot project is estimated to cost $200,000, which includes modifications to existing infrastructure, the construction of a raised sidewalk made of wood, and tactical striping. This budget covers materials, labor, and any necessary permits or administrative expenses. The project is slated to commence in August 2024, with an expected completion date of December 2024, contingent upon securing the required funding. This timeline allows for thorough planning, community engagement, and phased implementation to minimize disruption and ensure the highest standards of safety and accessibility are met.

Cost Estimate: $200,000

Programmatic Costs
Project Elements Total Costs GF Grant Other Funder Other Funder

3.1 Construction Costs $162,000 $162,000

3.2 Procurement $8,000 $8,000

3.3 Finalize Design $16,200 $16,200

3.4 Staff Labor $11,000 $11,000

3.5 Construction
Management
$2,500 $2,500
Programmatic Total $200,000 $200,000
12 Overhead (limited to
15% of grant

Project Grant Total $200,000 $200,000
• All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audits.
• For Grantee Staff Labor 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.

Project Timeline: August 2024 – December 2024
Activity Description Timeline
90% Design July – August 2024
Final bid package August – September 2024
Advertise and Award September – October 2024
Construction November – December 2024

Sacramento City CouncilAugust 20, 2024

Sacramento City Council
August 20, 2024