Santa Monica City Council
June 9, 2026

Applicants without experience in DOT funding requirements may opt to jointly apply with a partner in the same State or region, that has an established financial relationship with DOT and has knowledge of Federal grant administration requirements, to minimize delays in establishing and implementing funding agreements. For joint application partners that would also receive grant funds through the recipient (lead applicant), or if the recipient seeks to transfer the award to another agency, the recipient must determine whether such arrangement would be contractual (example, with philanthropic or community-based organizations), or if the partners would be treated as a sub-recipient (example, with other governmental entities). Ultimately, the recipient is responsible for compliance with all Federal requirements applicable to the award. i. Planning Grants
Eligible applicants are: (1) a State; (2) a unit of local government; (3) a Tribal government; (4) a Metropolitan Planning Organization; and (5) a non-profit organization. ii. Capital Construction Grants
Eligible applicants must be the owner(s) of the eligible facility proposed in the project for which adequate planning activities, such as engaging with the public to understand the public’s needs and interests, evaluating relevant data, and/or developing a conceptual design have been completed.
8 Owners of an eligible facility, for the purposes of submitting a grant application, may submit a joint application with: (1) a State; (2) a unit of local government; (3) a Tribal government; (4) a Metropolitan Planning Organization; and (5) a non-profit organization.

2. Cost Sharing and Matching
i. Match Requirements
Matching funds may include non-Federal sources such as:
• State funds originating from programs funded by State revenue, • Local funds originating from State or local revenue-funded programs, • Philanthropic funds, or
• Private funds.

Grant recipients may also use in-kind or cash contributions toward local match requirements so long as those contributions meet the federal legal requirements. In-kind contributions may 8 DOT interprets this statutory prerequisite (See Pub. L. 117-58, Section 11509 (d)(1)) to mean the capital construction project is included in the applicable Metropolitan Transportation Improvement Program (TIP) and / or Statewide Transportation Improvement Program (STIP), Tribal Transportation Improvement Program (TTIP) or equivalent, as applicable, by the time of the obligation of the award. Public transportation projects should be included in the applicable Transit Asset Management Plan.

4.A.b
Packet Pg. 314 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 9 include compensation for community members’ time, materials, pro bono work provided to the project by third parties, and donations from private sponsors.9 For additional guidance, visit Understanding Non-Federal Match Requirements | US Department of Transportation ii. Federal Share
a) Planning Grants Federal Share
Planning Grants may not exceed 80 percent of the total cost of the project for which the grant is awarded. Recipients are required to contribute a local matching share of no less than 20 percent of eligible activity costs. As noted above, the local matching share may consist partially or entirely of in-kind contributions, as well as contributions from the private sector and/or philanthropic organizations.
b) Capital Construction Grants Federal Share
Capital Construction Grants may not exceed 50 percent of the total cost of the project for which the grant is awarded. Federal assistance other than the RCP Program award (such as DOT formula funds, Tribal Transportation Program funds, or other Federal grants) may be used to partially satisfy the match requirement so long as total Federal assistance (all Federal sources), does not exceed 80 percent of the total cost of the project. Recipients are required to contribute a local matching share of no less than 20 percent of eligible activity costs. As noted above, the local matching share may consist partially or entirely of in-kind contributions as well as contributions from the private sector and/or philanthropic organizations.

3. Eligible Facilities, Activities, and Costs10
The proposed project must address an “eligible facility,” which is defined as a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development due to high speeds, grade separations, or other design factors. Eligible facilities include, limited access highways, viaducts, any other principal arterial facilities, and other facilities such as transit lines, and rail lines. See Section H - Definitions for “highway” and Section D - Key Information table for a suggested list of other facilities. i. Eligible Planning Grant Activities and Costs:
a) Public engagement activities, including community visioning or other place-based strategies for public input and meaningful involvement into project plans. b) Planning studies to assess the feasibility of removing, retrofitting, or mitigating an existing eligible facility to reconnect communities, including assessments of:
• Current traffic patterns on the facility and the surrounding street network. • Capacity of existing transportation networks to maintain mobility needs. 9 Any in-kind contributions used to fulfill the cost-share requirement for Planning Grants and Capital Construction Grants must: be in accordance the cost principles in 2 CFR Part 200, Subpart E; including 2 CFR § 200.306(b) Cost Sharing or Matching; include documented evidence of completion within the period of performance; and support the execution of the eligible activities in Section C.3. See 23 CFR § 710.505 for requirements related to the donation of real property.
10 Eligible activity costs must comply with the cost principles set forth in with 2 CFR Subpart E (i.e., 2 CFR § 200.403 and § 200.405). DOT reserves the right to make cost eligibility determinations on a case-by-case basis.

4.A.b
Packet Pg. 315 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 10 • Alternative roadway designs or other uses for the right-of-way. • The project’s impact on mobility of freight and people. • The project’s impact on safety.
• The estimated cost to restore community connectivity and to convert the facility to a different design or use, compared to any expected maintenance or reconstruction costs. • The project’s anticipated economic impact and development opportunities. • The project’s environmental, public health, and community impacts. c) Other planning activities in advance of the project, such as:
• Conceptual and preliminary engineering, or design and planning studies that support the environmental review for a construction project.
• Associated needs such as locally-driven land use and zoning reform, transit-oriented development, housing supply, in particular affordable housing, managing gentrification and neighborhood change, proposed project impact mitigation, climate resilience and sustainability, green and open space, local history and culture, access and mobility barriers, jobs and workforce, or other necessary planning activities as put forth by the applicant that do not result in construction.
ii. Eligible Capital Construction Grant Projects and Costs:

Eligible projects include those for which adequate planning activities, such as engaging with the public to understand the public’s needs and interests, evaluating relevant data, and/or developing a conceptual design have been completed. Projects must be consistent with the LongRange Statewide Transportation Plan, included in the Metropolitan Long-Range Plan (if applicable), and in the Metropolitan Transportation Improvement Program (TIP) and / or Statewide Transportation Improvement Program (STIP), Tribal Transportation Improvement Program (TTIP) or equivalent, as applicable, prior to the obligation of the award. Transit projects must be included in the investment prioritization of the relevant Transit Asset Management (TAM) Plan by the time of the obligation of the award.

Eligible construction grant activities include: preliminary and detailed design activities and associated environmental studies; preconstruction; construction; permitting activities including the completion of the National Environmental Policy Act (NEPA) process; the removal, retrofit, or mitigation of an eligible facility; the replacement of an eligible facility with a new facility that restores community connectivity; meaningful public involvement throughout the project delivery process; delivering community benefits and the mitigation of impacts identified through the NEPA process or other planning and project development for the capital construction project. iii. Prohibited Use
Funds may not be used to support or oppose union organizing.

4. Data Collection Requirements
Performance indicators used in reporting (See Section F.3) should align with project goals at least two of the merit criteria defined in Section E.1.i. DOT funds may be used for data collection and performance reporting and should be accounted for in the applicant’s budget.

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Packet Pg. 316 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 11 DOT will work with grant recipients to determine the most appropriate indicators and metrics to assess project benefits before the grant agreement is established. Areas of measurement will relate to: 1) mobility, 2) access, 3) safety, 4) environmental impacts, 5) congestion, 6) economic development, 7) quality of life, and 8) community engagement. Indicators may document changes from an established baseline such as: new or improved physical pathways and crossings; new transportation options and services; population changes in the project area; employment opportunities for residents; partnerships formed; reduction of fatalities and serious injuries in the project area; location-efficient affordable housing units preserved and created; changes in land value; and monetary commitments for reinvestment in the project area.

For Planning Grants, the planning process could be used to collect data and establish a baseline of existing conditions and populations in the project area. For Capital Construction Grants, DOT will request a baseline report on existing conditions prior to the start of construction. (See Section F.3 – Reporting for specific requirements for deliverables and timelines.)

5. Application Limit
DOT encourages joint applications from place-based partnerships headed by a lead applicant.

A lead applicant may submit no more than three applications. Unrelated project components (spatially or functionally unrelated) should not be bundled in a single application for the purpose of adhering to the limit. If a lead applicant submits more applications, only the last three received will be reviewed.

D. Application and Submission Information

1. Address to Request Application Package
Applicants must submit their applications via Valid Eval at https://usg.valideval.com/teams/rcp_community_planning_fy24/signup for Community Planning Grants, and at https://usg.valideval.com/teams/rcp_capital_construction_fy24/signupfor Capital Construction Grants.

2. Content and Form of Application Submission
Community Planning Grants and Capital Construction Grants have distinct application submission and supporting document requirements. DOT strongly recommends use of the template provided below. All applicants must submit the following: Standard Forms, Key Information Questions, Narrative, and Budget. This information must be submitted via Valid Eval at https://usg.valideval.com/teams/rcp_community_planning_fy24/signup for Community Planning Grants, and at https://usg.valideval.com/teams/rcp_capital_construction_fy24/signup for Capital Construction Grants. More detailed information about each application material is provided below. The necessary file formats for each application component will be displayed on the Valid Eval intake site.

Sharing of Application Information – The Department may share application information within the Department or with other Federal agencies if the Department determines that sharing is relevant to the respective program’s objectives. The Department may share application information with contractor staff with the Reconnecting Communities Institute for technical assistance purposes.

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Packet Pg. 317 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 12 For more information on the application submission, including FAQs and a tool to check eligibility, please visit https://www.transportation.gov/grants/RCPprogram. i. Standard Forms
All applicants must submit the following Standard Forms (SF):
• All applicants must submit the Application for Federal Assistance (SF-424) • For Planning Grants:
o Budget Information for Non-Construction Programs (SF-424A) o Assurances for Non-Construction Programs (SF-424B)
• For Capital Construction Grants:
o Budget Information for Construction Programs (SF-424C) o Assurances for Construction Programs (SF-424D)
ii. Key Information Questions
Below is a preview of the questions asked on DOT’s automated proposal website, Valid Eval, at https://usg.valideval.com/teams/rcp_community_planning_fy24/signup for Community Planning Grants and at https://usg.valideval.com/teams/rcp_capital_construction_fy24/signup for Capital Construction Grants. After registering in the system, the applicant will be prompted to answer these questions on the website.
iii. Key Information Table
Title Instructions
Lead Applicant Name This should be consistent with Q. 8.a. of the SF-424.

Organization Type Select from State or U.S. territory, Unit of local government, Political Subdivision of a State, Tribal government,
Metropolitan Planning Organization, or Nonprofit organization.

Lead Applicant State Select listed states, D.C., Puerto Rico, American Samoa, Guam, Northern Mariana Islands, and Virgin Islands.

Lead Applicant Unique
Entity Identifier (UEI)
See Section D.3. below for more information about obtaining a UEI from SAM.gov.

Points of Contact Provide information for primary and, if possible, secondary points of contact.
2020 Census Tract 11-digit
geographic identifier(s)
Enter the census tract(s) using the 11-digit Census geographic identifier [Understanding Geographic Identifiers (GEOIDs) (census.gov)] for each census tract the project is located within or directly benefitting from the project. The 11-digit number identifies the location using the State, County, County Subdivision, Place, and Census Tract. Please visit the Climate and Economic Justice Screening Tool
(https://screeningtool.geoplatform.gov/) or Census
Demographic Viewer
https://maps.geo.census.gov/ddmv/map.html to identify census tract(s).

Grant Type Select Community Planning Grant or Capital Construction Grant.

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Packet Pg. 318 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 13 Project Title Enter a concise, descriptive title for the project consistent with the narrative. This should include the location and
transportation issue that the project intends to address. For example, ‘Interstate 123 removal in Z City’ for a construction application or ‘Interstate 123 crossing study in Z County’ for a planning application. The title should be less than 10 words, and it is a quick reference to differentiate between applications.

All eligible projects are ‘reconnecting’ projects, so the title doesn’t need the ‘reconnecting’ related indication.

Project Description Describe the project in 2-3 sentences. For example: The Interstate 123 crossing study would advance an equitable corridor vision using community and stakeholder engagement to identify a set of concept proposals to improve access to daily destination and reduce environmental, social, and economic burdens for disadvantaged communities. The Study between A Street and B Street will advance those proposals through conceptual design to remedy the I-123 barrier.

Match Question Select whether you are seeking a 50-50 or 80-20 match. See Section C.2. for Cost Sharing and Matching information.

What is the preferred
federal fiscal year to
implement the grant?
Select one or more of the preferred federal Fiscal Year 2024, 2025, 2026, or No Preference for funding and implementation.

Note: DOT will consider the applicant’s preference in
determining the funding year of the award. The DOT award decision may be different from the preference.

Is the lead applicant the
Facility Owner?
Select Yes or No.

Note: For Capital Construction Grants, the owner of the eligible facility is required to be the eligible entities and the lead applicant. See FAQs for more information.

Name of the Facility
Owner(s) of the eligible
facility creating the barrier,
if not the Lead Applicant
See Section C.3.i. for Eligible Facilities information.

If the lead applicant is not
the Eligible Facility Owner,
does the application include
a Facility Owner
endorsement?
Select Yes or No.

Note: In its endorsement, for Capital Construction Grants, the Facility Owner should explicitly acknowledge an understanding of the proposed project and the intent to carry out a
construction action on the facility that it owns. The Facility Owner should also acknowledge an understanding that if DOT makes the award, the Facility Owner agrees to act as the recipient and administer the award. The Facility Owner may ultimately choose to administer the award through a subrecipient. See FAQs for more information.

If a joint application, please
provide organizational
names of sub-recipients that
If necessary, provide organizational names of sub-recipients and key partners.

4.A.b
Packet Pg. 319 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 14 will receive funds and other
key partners
What is/are the Eligible
Facility Type(s) that
create(s) a barrier, that your
application intends to
address?
Select all that apply from Interstate highway, State highway, Arterial roadway, Other street or road, Bridge or viaduct, Transit, Rail, or Other eligible transportation facility. See Section C.3.i. for Eligible Facilities information.

Is the project located in an
economically disadvantaged
community?
Select Yes or No. See Section H. for definition of economically disadvantaged community, and FAQs for more information.

Is the project located in a
rural area?
Select Yes or No. See Section H. for definition of rural, and FAQs for more information.

Does the project directly
benefit a federally
recognized tribe?
Select Yes or No.

Is the Eligible Facility aged
and likely to need
replacement or significant
reconstruction within 20
years?
Select Yes or No. See FAQs for more information.

What is the primary
proposed solution for the
transportation barrier
facility?
Select one solution from these options: Pedestrian and Bicycle Accommodations; Complete Streets; Transit Services;
Roadway Connections; Eligible Facility Removal; Through Lane Removal; Interchange Ramp(s) Removal; Bridge or
Tunnel; Cap, Deck, or Lid; Rail; or Other infrastructure.

What are the additional
proposed solutions for the
transportation barrier
facility?
Select any additional solutions from these options: Pedestrian and Bicycle Accommodations; Complete Streets; Transit
Services; Roadway Connections; Eligible Facility Removal; Through Lane Removal; Interchange Ramp(s) Removal; Bridge or Tunnel; Cap, Deck, or Lid; Rail; or Other infrastructure.

Does the project expand
roadway lane capacity or is
a lane capacity expansion
planned within the vicinity
of the project?
Select Yes or No. If yes, please provide additional context related to the lane capacity expansion.

Is the project included in a
Climate Action Plan?
Select Yes or No.

Total RCP Program grant
request amount
Note: For Community Planning Grants, the maximum RCP
grant award is $2 million. For Capital Construction Grants, the minimum RCP grant award is $5 million.

Total Project Cost See Section C.2. for Cost Sharing and Matching information.

Key Information Table – Additional Question for Capital Construction Grants Title Instructions
Is the proposed project
already included in the
Select Yes or No. If yes, please provide a link or include it as a supplemental document. If no, please provide additional details

4.A.b
Packet Pg. 320 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 15 STIP, TIP, or equivalent?
For transit projects, is the
project in the Transit Asset
Management Plan?
in the Project Readiness portion of the application describing how the project will be in such plan/program by the time of obligation of the award.

Note: For RCP, Capital Construction Grant projects must be included in the STIP, TIP, or equivalent or, for transit projects, in the TAM Plan by the time of the obligation of the award iv. Narrative
The Narrative is for the applicant to state their case for meeting the merit criteria laid out in Section E. For Planning Grants, the narrative should not exceed 12 pages; for Capital Construction Grants, the narrative should not exceed 20 pages. The Narrative should be in PDF format, with font size of no less than 12-point Times New Roman, single-spaced, minimum 1- inch margins on all sides, and page numbers. Title page and table of contents are not required, but if included, these parts of the document do not count against the page limits. Supplemental Project Readiness and Benefit Cost Analysis information for Capital Construction Grants may be included as hyperlinks, appendices, or additional attachments, and will not count against this page limit.

Suggested Narrative Structure:

Planning &
Capital Construction
Overview D.2.iv.a
Planning &
Capital Construction
Location & Map D.2.iv.b
Planning &
Capital Construction
Response to Merit Criteria D.2.iv.c
Capital Construction Project Readiness: Environmental Risk D.2.iv.d Capital Construction Benefit Cost Analysis D.2.iv.e
a) Overview
This section should provide an introduction to the scope of the project, describe the barrier(s), harms, or burdens posed by the eligible facility(ies) or transportation infrastructure, describe the history and character of the community most impacted by the facility(ies) or transportation infrastructure, describe how the proposed project will address any burdens/harm consistent with the characteristics of the community, and any other high-level background information that would be useful to understand the rest of the application.

Following is a list of suggested section headings and prompts to assist the applicant in structuring the project overview discussion. Other headings may be added as desired by the applicant to provide a complete project overview.
• Introduction: Provide general background information on the applicant (and any partners), grant request, proposed improvements, and community(ies) where the project is located.
• Project History: Describe the history and character of the community and transportation facility(ies) relevant to understanding the transportation needs and proposed improvements.

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Packet Pg. 321 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 16 • Transportation Needs: Describe the transportation need(s)/ barrier(s)/ harm(s) to be investigated (Planning Grants) and/or addressed (Capital Construction Grants). Where possible, include data, visualizations, and/or other evaluations that describe the transportation needs in greater detail; these may be hyperlinked, separately attached, or included as appendices, if desired.
• Proposed Improvements:
o Planning Grants: Describe the eligible planning activities proposed to be funded and how they will contribute to addressing the transportation needs identified above. Describe any other planning or evaluation activities related to the project not proposed to be funded under this grant.
o Capital Construction Grants: Describe the overall project and each of the proposed transportation improvements that comprise the project. Describe how the proposed improvements will address the transportation needs identified above.

Describe any related projects or improvements delivered in the recent past, present, or near future and any interdependencies between the related projects and the project covered by this proposal. Attach a project map that clearly identifies the project end points (i.e., logical termini), locations of key proposed improvements, and any related or interdependent projects. If desired, this may be integrated with the map described in the section below. b) Location & Map
This section should describe the location of the eligible facility that creates barriers to community connectivity, including to mobility, access, or economic development, as well as a description of the surrounding community impacted by the facility. This section should include a detailed geographic description and map of the facility location and identify elements of the existing transportation network. The general location map may be integrated with the map of project termini and proposed improvements described in the section above. c) Response to Merit Criteria
This section should describe how the project addresses each of the merit criteria: Equity and Justice40; Access; Facility Suitability; Community Engagement, and Community-based Stewardship, Management, and Partnerships; Equitable Development; Climate Change Mitigation and/or Adaptation and Resilience; Workforce Development and Economic Opportunity; and Planning Integration. See Section E.1.i for detailed criteria descriptions. d) Project Readiness
There is no narrative requirement for Project Readiness for Planning Grants. See Section E.1.ii for details on how Planning Grant applications are reviewed for Project Readiness.

There are narrative requirements for the Environmental Risk element of Project Readiness for Capital Construction Grants. This section should include sufficient information for DOT to assess the project’s likelihood of being included in the STIP or equivalent by the time of award obligation, and in the TAM Plan for transit projects, and can be reasonably expected to begin construction in a timely manner. As DOT will perform an Environmental Risk review, the applicant should provide a project schedule and address required approvals and permits, NEPA

4.A.b
Packet Pg. 322 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 17 class of action and status, public involvement, right-of-way acquisition plans, risk assessment, and risk mitigation strategies.

Following is a list of suggested section headings and prompts to assist the applicant in structuring the project readiness discussion to thoroughly describe the environmental risk. Other headings may be added as desired by the applicant to provide a complete description of readiness.
• Planning & Constructability:
o STIP / TIP / TTIP / TAM Plan: Is the project already listed in the STIP, TIP, TTIP, and/or TAM Plan (if applicable)? If so, provide links or attachments that show the project listing in the applicable plans/programs. If the project is not yet listed, describe any coordination that has/will occur to facilitate listing in the applicable plans/programs and the anticipated date when listing will occur. o Consistency with Other Plans: Is your proposal listed in and/or consistent with any other plans (e.g., the Long-Range Statewide Transportation Plan and/or Metropolitan Long-Range Plan)? If so, please summarize and provide a link to appropriate project listing.
o Property Acquisition / Right-of-Way (ROW): Who is the owner of the existing facility? Will any new ROW acquisition be required, and if so, from whom? If acquisition will be required, describe the status and anticipated schedule for the acquisition. Will any special ROW permits or approvals be needed? If so, please describe.
o Construction Techniques and Phasing: Will the proposed improvements require unique construction techniques, non-standard project delivery methods (e.g., approaches other than design-bid-build), and/or phasing? If so, please describe. • Proposed Schedule:
o List the completed and/or anticipated dates (month and year) for the following key milestones (include additional milestones if desired). Dates provided should reflect a realistic amount of time to complete each milestone. Ensure that dates provided here are consistent with dates provided elsewhere in the application.  Start and end of preliminary design
 Start and end of the NEPA process
 Start and end of obtaining permits/approvals (if required)  Project listed in STIP, TIP, TTIP, and/or TAM Plan (as applicable)  Start and end of final design
 Start and end of ROW acquisition (if required)
 Anticipated finalization of RCP grant agreement (if awarded)  Anticipated obligation of grant funds (if awarded)
 Start and end of construction
o Project Development Phases to be Funded with RCP: Describe the project development phase(s) proposed to be funded with RCP funds (if awarded), and whether RCP funds are proposed to be used for phases other than ROW acquisition and construction (e.g., for design, NEPA, etc.). Note: typically, milestones for establishing the grant agreement and obligation of funds should be scheduled before any activities/phases that will use RCP funds. • NEPA & Permitting:

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Packet Pg. 323 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 18 o NEPA Class of Action: List the class of action/type of document that has already been or will be prepared to comply with the National Environmental Policy Act (NEPA) of 1969, as amended (e.g., a categorical exclusion, an environmental assessment, an environmental impact statement, or class of action not yet determined). If multiple NEPA documents are being prepared for this proposal, briefly explain why, and complete the prompts below for each document. o NEPA Status and Milestones: Briefly describe the status of NEPA compliance (e.g., not started, underway, or complete), the anticipated project impacts, and proposed mitigation measures. If the NEPA process has been completed, provide the final approval date for the NEPA document. If the NEPA process has not yet been completed, list the key remaining milestones for the NEPA process, their status, and their anticipated completion dates. Identify any anticipated challenges to timely completing the NEPA process.
o Link to NEPA Documentation: If draft or final NEPA documentation is available, provide a hyperlink, attach it, or append it.
o Reevaluation and Post-Approval Changes: Describe any planned and/or completed efforts to reevaluate the NEPA documentation between the final NEPA approval and beginning of construction. Reevaluation may be warranted based on the passage of time and/or changes in the project scope, setting, impacts, or applicable requirements since the final NEPA approval.
o Permits and Approvals: List any federal, state, or local permits and approvals anticipated to be needed for the project (e.g., Clean Water Act Section 404 permit, Endangered Species Act Section 7 consultation, etc.). Provide the status of each permit or approval and the date that the permit or approval was obtained or is anticipated to be obtained. Summarize and attach relevant correspondence or documentation of consultation with permitting agencies. o Coordination with DOT: Identify the federal lead agency for the NEPA process and any joint-lead agencies. Describe any coordination that has occurred with an agency or operating administration of USDOT regarding the project proposal and/or NEPA analysis. Describe any coordination with state, county, or local transportation agencies regarding preliminary design and the NEPA process. • Project Support
o Public and Agency Involvement Process: Summarize the key events and techniques used to engage the public and other stakeholders during the NEPA process. Highlight efforts to engage disadvantaged communities and communities likely to be affected by the project, including details on compliance with environmental justice requirements and access for persons with disabilities and limited English proficiency. These efforts may include public meetings, a public website, presentations to community groups, newsletters, online outreach, etc. o Public and Agency Involvement Results: Summarize the support, opposition, and/or other notable feedback related to the project from the following groups and describe how stakeholder feedback has been integrated into project development and design:
 The public, including members of communities affected by the proposal,  Elected officials and/or bodies (e.g., federal and state legislators, city and county councils and boards, etc.),

4.A.b
Packet Pg. 324 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 19  Other entities (e.g., members of business or industry, community organizations, advocacy groups, etc.), and
 Federal, state, or local agencies (reference any relevant information provided in the Permits and Approvals section above).
o Attach and reference documentation of support as applicable (e.g., letters of support, letters of commitment, resolutions, summaries of public comments, etc.) • Risk & Mitigation: Describe the process used by the applicant to assess risks to project development and delivery. Briefly summarize any risks identified and strategies proposed or implemented to mitigate those risks. Describe the potential effects of each risk (if any) on meeting the key project delivery schedule milestones presented in the Proposed Schedule.

See Section E.1.ii for details on how Capital Construction Grant applications are reviewed for Project Readiness. For additional guidance and resources, visit Project Readiness Checklist for DOT Discretionary Grant Applicants | US Department of Transportation e) Benefit Cost Analysis for Capital Construction Grants Planning Grant applicants do not need to submit the results of a benefit cost analysis (BCA).

To be eligible for RCP Capital Construction funds, applicants must submit the results of a BCA. The BCA should be briefly summarized in the Project Narrative. Applicants should provide the technical basis of the BCA sufficient to allow DOT to reproduce the analysis.

Supplemental materials do not count against the overall application length. Many benefits of RCP Program projects may be difficult to quantify or less frequently quantified (e.g., ecosystem services, quality of life) but should be analyzed and explained as well as possible, whether such benefits are quantified or unquantified. Any claimed benefits should be clearly tied to the expected outcomes of the project and address benefits for users of the facility as well as benefits to the surrounding communities. For additional guidance and resources, visit Benefit-Cost Analysis Guidance for Discretionary Grant Programs | US Department of Transportation v. Budget
In addition to the SF-424, applicants should describe the budget for the RCP Program project.

Grant Funds, Sources and Uses of Project Funds – Project budgets should show how different funding sources will share in each activity and present the data in dollars and percentages. The budget should identify other Federal funds the applicant is applying for, has been awarded, or intends to use. Funding sources should be grouped into three categories: nonFederal, current application RCP funds, and other Federal with specific amounts for each funding source.

At a minimum, the project budget should include:
• Costs for the FY 2024 RCP project. If the project contains distinct components or phases, the costs of each project component or phase should be separated and described. For a Capital Construction Grant, include information about the degree of design completion on which the cost estimates are based.

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Packet Pg. 325 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 20 • The source, amount, and usage for all funds to be used for eligible project costs. Funding sources should be listed in one of three categories: Reconnecting Communities, other Federal funds (which together with the Reconnecting Communities funds cannot exceed 80 percent of total costs) and the 20 percent non-Federal match such as local, State, Tribal, philanthropic, private, and/or “in-kind” funds. • For Federal funds to be used for eligible project costs, the amount, nature, and source of any required non-Federal match for those funds. If applicable, the budget should identify Federal funds that have been previously authorized by a federal agency. • For non-RCP funds to be used for eligible project costs, include documentation of funding commitments such as commitment letters, budget resolutions, and STIP or TIP references.
• If the applicant is not a State DOT and contributions from a State DOT are included either as Federal funds or as non-Federal match, a supporting letter from the State DOT should be provided that indicates the amount and source of the funds.

The budget should show the distribution of each funding source in each major planning or construction activity, including sub-recipient activity and compensation.

For each source of funds, the budget should discuss any restrictions on timing or use. For example, if a particular source of funds is available only after a condition is satisfied, the application should identify that condition and describe the applicant’s control over whether it is satisfied. Similarly, if a particular source of funds is available for expenditure only during a fixed period, the application should describe that restriction.

Note: The budget should not include any expenses incurred prior to award of the grant.

Expenses incurred between time of award and obligation are not eligible for reimbursement or for cost sharing, unless authorized by DOT in writing in advance, as described in Section B.2. vi. Project Location File
Applicants should submit one of the following file types with project location identification. This will be used to verify the disadvantaged community status, as well as urban/rural designation. Acceptable file types are Shapefile, GEOJSON, or KL/KMZ. If an applicant needs assistance preparing a project location file, these are suggested instructions:

Open a publicly available online mapping tool such as Google Earth or GEOJSON.

1. Identify your project location. Use the tools to draw a line or polygon to represent the project area (a polygon is preferred). The project area should only include the direct physical location of the infrastructure project; it should NOT include a broad service area or area of project impact.

2. Export, save, and attach to your application one of the acceptable formats (Shapefile, GEOJSON, or KML/KMZ)

3. Unique Entity Identifier and System for Award Management (SAM) Each applicant is required to:
i. Register in SAM.gov before submitting an application; ii. Provide a valid unique entity identifier in its application; and

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Packet Pg. 326 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 21 iii. Maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal agency.

DOT may not make a Federal award to an applicant until the applicant has complied with all unique entity identifier and SAM requirements. If an applicant has not fully complied with the requirements by the time DOT is ready to make an award, DOT may determine that the applicant is not qualified to receive an award.

4. Submission Dates and Times
Applications must be submitted by 11:59 PM EDT on Monday, September 30, 2024.

5. Funding Restrictions
For funding restrictions that may affect an applicant’s ability to develop an application and budget consistent with program requirements, see Section C of this notice.

6. Other Submission Requirements
The complete application must be submitted via Valid Eval at https://usg.valideval.com/teams/rcp_community_planning_fy24/signup for Community Planning Grants, and at https://usg.valideval.com/teams/rcp_capital_construction_fy24/signup for Capital Construction Grants. Customer support for Valid Eval can be reached at [email protected].

E. Application Review Information

1. Criteria
This section specifies the evaluation criteria DOT will use to evaluate and select Planning Grant and Capital Construction Grant applications for RCP Program grant awards: Merit Criteria, Project Readiness, Benefit Cost Analysis (for Capital Construction Projects), and Other Considerations. Section E.2 describes the review, rating, and selection process. As described in greater detail in Sections E.1 and E.2, some evaluations are conducted for only a subset of eligible applications that advance to “Second-Tier Analysis.” i. Merit Criteria
#1: Equity and Justice40 Initiative
DOT will evaluate the extent to which the project will address the following:
• Analysis of harmful historic or current policies (e.g., displacement, segregation, exclusionary zoning11), existing socioeconomic disparities, environmental disparities (e.g. burdens and risks, lack of access to greenspace), and the needs of the surrounding community—including special consideration for those most affected by the eligible facility.
• Degree to which the proposed solutions equitably distributes benefits and mitigate impacts supported by geospatial tools like EPA’s EJSCREEN, the DOT’s Equitable 11 See How We Grow Economic Opportunity for All in USDOT’s Beyond Traffic report for more information, https://www.transportation.gov/sites/dot.gov/files/docs/BeyondTraffic_tagged_508_final.pdf.

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Packet Pg. 327 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 22 Transportation Community Explorer, the Climate and Economic Justice Screening Tool, and FHWA’s Screening Tool for Equity Analysis of Projects. • Priority consideration will be given to projects that support the goals of the Justice40 Initiative, https://www.transportation.gov/equity-Justice40. In support of Executive Order 14008, or when “disadvantaged communities” is a statutory designation, applicants are encouraged to use the Climate and Economic Justice Screening Tool as the definition of Historically Disadvantaged Communities as part of USDOT’s implementation of the Justice40 Initiative. Consistent with the Interim Implementation Guidance and its Addendum for the Justice40 Initiative, Historically Disadvantaged Communities include (a) certain qualifying census tracts identified as disadvantaged by the Climate and Economic Justice Screening Tool (CEJST) due to categories of environmental, climate, and socioeconomic burdens, and (b) any Federally Recognized Tribes or Tribal entities, whether or not they have land.12 CEJST is a tool created by the White House Council on Environmental Quality (CEQ), that aims to help Federal agencies identify disadvantaged communities as part of the Justice40 Initiative to accomplish the goal that 40% of overall benefits from certain federal investments reach disadvantaged communities. See https://screeningtool.geoplatform.gov/. Applicants should use the CEJST as the primary tool to identify disadvantaged communities (also referred to as Justice40 communities). • Applicants are strongly encouraged to also use the USDOT Equitable Transportation Community (ETC) Explorer to understand how their community or project area is experiencing disadvantage related to lack of transportation investments or opportunities and are encouraged to use this information in their application to demonstrate how their project will reduce, reverse or mitigate the burdens of disadvantage. https://www.transportation.gov/priorities/equity/justice40/etc-explorer.

In addition to the above, Capital Construction Grant applications should also address mitigation plans for negative impacts of the proposed capital project by describing:
• Any construction-related displacement in the community and providing a robust mitigation plan that exceeds the basic requirements of the Uniform Relocation Act.13 • The anticipated negative construction impacts, such as noise, air quality impacts, public transportation service disruptions, disturbances to sacred or historic sites, or flood risks, and a robust mitigation plan.
#2: Access
DOT will evaluate the extent to which the project will address the following:
• Degree to which the project will improve mobility and access to restore community connectivity through the removal, retrofit, mitigation, or replacement of eligible transportation infrastructure facilities. Adding roadway capacity or additional single occupancy vehicle through lanes reduces community connectivity and creates new access barriers.
12 OMB, CEQ, & CPO, M-23-09, Addendum to the Interim Implementation Guidance for the Justice40 Initiative, M-21-28, on using the Climate and Economic Justice Screening Tool (CEJST) (Jan. 27, 2023), https://www.whitehouse.gov/wp-content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf; OMB, CEQ, & CPO, M-21-28, Interim Implementation Guidance for the Justice40 Initiative (July 20, 2021), https://www.whitehouse.gov/wp-content/uploads/2021/07/M-21-28.pdf. 13 23 CFR 983.7

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Packet Pg. 328 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 23 • Degree to which the project will provide transportation options to increase safe mobility and connectivity for all, including for people with disabilities, to daily destinations like housing, jobs, healthcare, grocery stores, schools, places of worship, recreation, greenspaces, and parks.
• Safe accommodation for all users and seamless integration with the surrounding land use, character, and context, with consideration of affordable housing, transit-oriented development, public health, nature, and the economy.

In addition to the above, Capital Construction Grant applications should also address how:
• Existing planning studies provide a basis for better access to daily destinations. • Proposed land use changes or increased density requirements are accommodated.

The FHWA Guidebook for Measuring Multimodal Network Connectivity [Multimodal Connectivity - Publications - Bicycle and Pedestrian Program - Environment - FHWA (dot.gov)] is a helpful resource for measuring access benefits.
#3: Facility Suitability
DOT will evaluate the extent to which the project will address the following:
• The eligible facility currently presents significant barriers to access, mobility, and economic development and is poorly suited to the community. Project proposes removal of barriers, including over-reliance on automobiles, to reconnect communities for people to live, work, play, and move freely and safely.
• A highway, including a high-speed roadway, street, parkway, or other surface transportation facility, such as a rail line divides a community. Proposes to remove, retrofit, mitigate, or replace with a new facility that improves mobility and provides transportation options suitable to the local community. • The project addresses current and projected obstructions or problems that, if left unimproved, will threaten future transportation network efficiency, mobility of goods or accessibility and mobility of people, public health, or economic growth.

In addition to the above, Capital Construction Grant applications should also address:
• Impacts to goods movement, both regional and local, that uses the eligible facility. #4: Community Engagement and Community-based Stewardship, Management, and Partnerships
DOT will evaluate the extent to which the project will address the following:
• Plan for community participation that facilitates meaningful engagement in planning, design, construction, operations, and related land use decisions. The Plan engages hardto-access community members and those most impacted by the existing facility through culturally appropriate and innovative practices that promote trust. Consistent with DOT Order 1000.12C, the Plan establishes goals and measures for effectiveness. • Community-centered approach to envision a solution that reconnects and/or mitigates burdens to meaningfully redress inequities and benefit economically disadvantaged communities and addresses community priorities to the extent possible. The application must show how the community shaped (or will shape) the final project.

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Packet Pg. 329 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 24 • Formal partnerships, substantiated through signed commitment letters and budget.

Partners may include entities with geographic ties to communities adjacent to the facility, such as community-based organizations, anchor institutions, community development financial institutions, philanthropic and civic organizations, private sector entities, and State and local government.
• A representative community advisory group, advisory board, or other place-based management organization will oversee or has overseen community-developed priorities and initiatives, including the use of a community land trust, community benefits agreement, or other community development activities to redress transportation-related disparities.
• Applications from community-based organizations or non-profits from the community demonstrate community-based stewardship by their nature.

Capital Construction Grant applications should also address how resources of partners and other Federal and non-Federal funds will support the success of proposed activities by providing:
• A complete description of resources committed to the project and fully outlining funding commitments from Federal and non-Federal sources, including: DOT formula funding, State or local funding, in-kind support, philanthropic contributions, public and private financing, and private sector funds. All funding should be reflected numerically in the budget.

Except as necessary to determine eligibility, as described in Section C.2, and as a factor in the Financial Completeness Assessment, as described in Section E.1.ii, DOT does not consider the proposed Federal share of an application when selecting among eligible applications. #5: Equitable Development
DOT will evaluate the extent to which the project will address the following:
• Community restoration, stabilization, and anti-displacement strategies, such as value capture, assistance for renters and legacy homeowner and small businesses, preservation, rehabilitation and expansion of location-efficient affordable housing, mixed-income, mixed use development, affordable commercial spaces, and other opportunities for inclusive economic development.
• Implements or plans to implement community-supported approaches beyond the transportation infrastructure such as: celebrations of local history and culture through public art or signs, greenspace or recreational spaces for residents and visitors, improvements unique to characteristics of the community, trees and roadside vegetation, or lighting.
• Supports a Local/Regional/State Equitable Development Plan.

In addition to the above, Capital Construction Grant applications should also address:
• How the proposed project will encourage public and private investments to support greater commercial and mixed-income residential development near public transportation, along rural main streets or in walkable neighborhoods.

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Packet Pg. 330 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 25 For Capital Construction Grant applications only, applications will be evaluated on the degree to which the following land use policies are enacted that support development of lowercost housing units and reduce regional displacement pressures in the local jurisdiction where the project is located:
• Of the land that permits residential use, what percentage allows higher density options such as duplexes or accessory dwelling units (or higher unit count) by right? • Of the land that permits residential use, what percentage allows higher density options such as triplexes (or higher unit count) by right?
• Of the land that permits residential use, what percent allows higher density options such as quadraplexes (or higher unit count) by right?
• What percentage of land that permits residential use has no minimum parking requirements?
If the applicant determines the regional or local displacement pressures do not apply to the application, the applicant can explain the context of the project and acknowledge that antidisplacement considerations are not applicable. #6.1: Climate Change Mitigation and/or Adaptation and Resilience:

The applications that rate highest on this criterion will be those for which reducing greenhouse gas (GHG) emissions and improving climate resilience are a primary project purpose. Applicants are encouraged to use the DOT Navigator Climate checklist in responding to this criterion. Applications that are rated highly on this criterion will be those that use datadriven and evidence-based methods to demonstrate that the project will:
• Significantly reduce GHG emissions in the transportation sector; and • Incorporate evidence-based climate resilience measures or features.

Projects that typically reduce GHG emissions include:
• community design and land-use planning that make it convenient to take fewer or shorter trips;
• increasing the use of energy-efficient modes of transportation like public transportation, rail, and active transportation, including walking, biking, and rolling; • signal timing, traffic management, freight logistics, and other operational improvements the improve efficiency;
• transitioning to clean vehicles and fuels, including electrification; • using project materials and construction methods that have lower embodied GHG emissions (especially if emissions benefits are documented in Environmental Product Declarations); and
• incorporating carbon-reducing uses of the rights-of-way, such as solar arrays, transmission of electricity from renewables, or vegetation management.

Projects that typically increase GHG emissions, such as roadway expansion, will not score highly on the GHG reduction aspect of this criterion.

Applicants will rate more highly on this criterion if they can demonstrate:
• progress towards transportation GHG reduction targets;

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Packet Pg. 331 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 26 • significant reduction transportation GHG emissions, as shown through analysis with USDOT tools or similar;
• the project is part of a State Carbon Reduction Strategy, State Electric Vehicle Infrastructure Deployment Plan, or other State, local, or tribal GHG reduction plan; • the project aligns with the U.S. National Blueprint for Transportation Decarbonization; and
• a plan to monitor the impact of the project on GHG emissions.

Applicants will score more highly on this criterion if they can demonstrate that the project:
• uses best-available climate data sets, information resources, and decision-support tools (including USDOT and other federal resources) to assess the climate-related vulnerability and risk of the project;
• develops and deploys solutions that reduce climate change risks to the surrounding communities;
• Advances objectives in the National Climate Resilience Framework, • incorporates nature-based solutions / natural infrastructure, including use of native plants, and, as applicable, avoids fragmenting lands with high conservation value, avoids barriers to fish and wildlife migration, and incorporate mitigation measures to address unavoidable impacts;
• is included in a Resilience Improvement Plan or similar plan; • benefits communities most vulnerable to climate change impacts, such as FEMAdesignated Community Disaster Resilience Zones; • follows the Federal Flood Risk Management Standard, consistent with current law; and • includes plans to monitor performance of climate resilience and adaptation measures. #6.2: Workforce Development and Economic Opportunity
DOT will evaluate the extent to which the project will address the following:
• Inclusive economic development and entrepreneurship such as the utilization of Disadvantaged Business Enterprises, Minority-owned Businesses, Women-owned Businesses, or 8(a) firms.
• Incorporates local contracting opportunities such as community liaisons and communitybased organizations.

In addition to the above, Capital Construction Grant applications should also address labor considerations by describing how the grant will support and use:
• Good-paying jobs with the free and fair choice to join a union, the incorporation of strong labor standards, pro-active anti-discrimination and anti-harassment plans, project labor agreements, workplace rights notices, training and placement programs, and local hiring and procurement preferences, particularly for underrepresented workers and individuals with convictions.
• High-quality workforce development programs with supportive services to train, place, and retain workers, especially joint-labor management training partnerships and registered apprenticeships.

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Packet Pg. 332 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 27 Applicants are encouraged to use Grant Application Checklist for a Strong Transportation Workforce and Labor Plan (PDF) | US Department of Transportation in responding to this criterion.
#6.3: Planning Integration
DOT will evaluate how the application is incorporated into the transportation planning process. Applicants will rate more highly on this criterion if they can demonstrate the following:
• The location is identified in a study prioritizing economic development, or mobility and access to daily destinations for economically disadvantaged communities. • The transportation barrier or project location is identified in a transportation plan or associated planning documents.
• A State, regional, or local planning organization was consulted about the project location or study for consideration in the planning process.
• Adopted Reconnecting Communities’ policies or priorities such as: expand affordable transportation options for economically disadvantaged communities. • A MPO, State DOT, or regional planning representative endorses the application with a letter of support.
ii. Selection Considerations
After completing the merit review, DOT will prioritize projects that demonstrate the extent to which the project will further the following priorities:
• Safety: The Department is committed to advancing safe, efficient transportation, including through the RCP Program. The National Roadway Safety Strategy (NRSS), issued January 27, 2022, commits the Department to respond to the current crisis in roadway fatalities by “taking substantial, comprehensive action to significantly reduce serious and fatal injuries on the Nation’s roadways,” particularly for vulnerable road users, in pursuit of the goal of achieving zero roadway deaths through a Safe System Approach. The outcomes that are anticipated from the projects funded by the RCP Program should align with the NRSS. The Department will consider, e.g., the following safety attributes of the project:
o provides substantial safety benefits (to commuters, workers, etc.) compared to existing conditions;
o mitigates, to the extent practicable, any significant safety risks that could result after the project’s completion;
o does not negatively impact the safety of the traveling public, and any relevant group applicable to the program.
• Transformation: The Department will consider if and how the project will advance innovative solutions through collaboration and design flexibility to reconnect communities divided by infrastructure.14
• Thriving Communities: The Department will also consider whether the project is located in a Department or Federally designated area such as a qualified opportunity zone, Empowerment Zone, Promise Zone, Choice Neighborhoods, DOE-Energy 14 See U.S. Department of Transportation Strategic Framework FY 2022–2026 (Dec. 2021) at https://www.transportation.gov/administrations/office-policy/fy2022-2026-strategic-framework

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Packet Pg. 333 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 28 Communities, USDA’s Rural Partner Network, DOT Thriving Communities, or the Interagency Thriving Communities Network.
iii. Project Readiness
For projects that advance to Second-Tier Analysis during application evaluation, DOT will assess project readiness to evaluate the likelihood of a successful project. In the project readiness analysis, DOT will evaluate Planning Grant applications and Capital Construction Grant applications according to a Technical Assessment and Financial Completeness Assessment. DOT will also evaluate Capital Construction Grant applications for Environmental Risk.

Technical
Assessment
Financial
Completeness
Environmental
Risk
Planning Grants X X
Capital Construction Grants X X X
• Technical Assessment is based on information contained throughout the application and does not require an additional submission. The Technical Assessment addresses the applicant’s capacity to successfully deliver the project in compliance with Federal requirements, previous experience with DOT discretionary grant awards, and the technical experience and resources dedicated to the project. • Financial Completeness Assessment is based on information contained throughout the application and does not require an additional submission. The Financial Completeness Assessment reviews the availability of matching funds and whether the applicant presented a complete funding package. For projects that receive a rating of ‘complete’ and include funding estimates that are based on early stages of design (e.g., less than 30 percent design) or outdated cost estimates, without specified contingency, evaluators may add a comment to note the potential for uncertainty in the estimated project costs. All applicants should describe a plan to address potential cost overruns. • Environmental Risk Assessment requires additional information from the Capital Construction Grant applicant. It analyzes the project’s environmental approvals and the likelihood of outstanding, necessary approvals affecting project obligation. iv. Benefit Cost Analysis (BCA)
For Capital Construction Grant projects that advance to a Second-Tier Analysis, DOT will consider the project’s costs and benefits. To the extent possible, DOT will rely on the applicant’s submission of well-supported BCA analysis results described in Section D.2.iii.e. DOT acknowledges that many of aspects of reconnecting solutions, such as connectivity, community benefits, and quality of life, are difficult to quantify. Applicants should nonetheless discuss these types of benefits qualitatively. DOT will assign a rating to the project of either negative (costs exceed benefits), positive (benefits exceed costs), or uncertain. Projects with negative ratings may be selected for an award only if the project demonstrates clear potential benefits to connectivity, community engagement, quality of life for economically disadvantaged communities, particularly in geographically remote or less populated areas which may not be fully reflected in the BCA analysis.

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Packet Pg. 334 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 29 2. Review and Selection Process
This section addresses the methodology for evaluation, including intake, how applications will be rated according to selection criteria and considerations, and how those criteria and considerations will be used to create the list of Highly Rated Applications for Consideration by the Secretary. The RCP Program grant review and selection process consists of: eligibility review; Merit Criteria review; Project Readiness; Benefit-Cost Analysis (reviewed required for Capital Construction Grants); and Senior Review. The Secretary makes final project selections. i. Application Intake
For each application, an initial review will assess whether the applicant is eligible and submitted all the information requested for a complete application. Application materials needing clarifications on a complete application will be referred to an Evaluation Management Oversight Team, which will contact the applicant if it is determined they are an eligible applicant and request clarifying information with a response time of 5 business days. No late materials will be accepted. Applications that may not be eligible may be referred to an Evaluation Management Oversight Team, which will make a final eligibility determination. The applicant will be informed in writing if they are not eligible.
ii. Merit Criteria Ratings
Teams comprising DOT staff, Federal inter-agency partner staff, and contractor staff review all eligible applications received by the deadline for a Merit Review and assign ratings as described in Section E.1.i. For each Merit Criterion, DOT will consider whether the application narrative is responsive to the selection criterion focus areas which will result in a rating of ‘High,’ ‘Medium,’ ‘Low,’ or ‘Non-Responsive.’
To receive a “high” criterion rating, the criterion must be addressed as a primary project purpose (not an ancillary or incidental consideration), must include clear, direct, and significant benefits and substantively and comprehensively respond to one or more of the subcriterion listed in the criterion descriptions. To receive a “medium” criterion rating, the criterion may not be a primary project purpose, or the project is moderately responsive to the criterion. A “low” criterion rating means the application is minimally responsive to the criterion and makes a weak case about advancing the program goals. Projects that are counter to the criterion, the application contains insufficient information to assess that criterion’s benefits, or for which the application does not address the criterion will receive a “non-responsive” criterion rating.

Rating
Scale High Medium Low Non-Responsive
Description
The application is
substantively and
comprehensively
responsive to the
criterion. It makes
a strong case about
advancing the
program goals as
described in the
The application is
moderately
responsive to the
criterion. It makes
a moderate case
about advancing
the program goals
as described in the
The application is
minimally
responsive to the
criterion. It
makes a weak
case about
advancing the
program goals as
described in the
The narrative
indicates the
proposal is
counter to the
criterion or does
not contain
sufficient
information. It
does not advance

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Packet Pg. 335 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 30 criterion
descriptions.
criterion
descriptions.
criterion
descriptions.
or may or
negatively impact
criterion goals.

The combination of individual criterion ratings will inform one overall Merit Rating: Highly Recommended, Recommended, Acceptable, or Not Recommended, as shown below. • Highly Recommended if four or more of the six merit criteria ratings are “high” and none of the merit criteria ratings are “non-responsive.”
• Recommended if at least two of the merit criteria ratings are “high,” no more than three of the merit criteria ratings are “low,” and no more than one is “non-responsive, and it does not fit within the definition of Highly Recommended.
• Acceptable if there is a combination of “high,” “medium,” “low,” or “non-responsive” ratings that do not fit within the definitions of Highly Recommended, Recommended, or Not Recommended.
• Not Recommended if there are three or more “non-responsive” ratings. iii. Senior Review Team (SRT) Phase
Applications that receive an overall rating of ‘Highly Recommended’ based on the methodology above, proceed to the Second-Tier Analysis. The SRT may advance ‘Recommended’ applications that exhibit exceptional benefits for economically disadvantaged communities per Criterion #2 – Access and Criterion #5 – Equitable Development. iv. Second-Tier Analysis
Second-Tier Analysis for Planning Grant applications consists of a two-part project readiness assessment for Technical Assessment and Financial Completeness. Second-Tier Analysis for Capital Construction Grant applications consists of a review of the Benefit-Cost Analysis and a three-part readiness assessment for Technical Assessment, Financial Completeness, and Environmental Risk. Assessments will be rated as follows:
• Technical Assessment results in a rating of: ‘Certain,’ ‘Somewhat Certain,’ ‘Uncertain,’ or ‘Unknown.’ Lack of previous project delivery according to Federal requirements is not sufficient justification for a rating of ‘Uncertain,’ but may result in a rating of ‘Unknown.’
• The Financial Completeness Assessment reviews the availability of matching funds and whether the applicant presented a complete funding package. It results in a rating of ‘Complete,’ ‘Partially Complete,’ or Incomplete.’
• Environmental Risk Assessment analyzes the project’s environmental approvals and likelihood of the necessary approvals affecting timely project obligation. It results in a rating of ‘High Risk,’ ‘Moderate Risk,’ or ‘Low Risk.’
• Benefit Cost Analysis results are Positive (benefits outweigh costs) or Negative (costs outweigh benefits) or Uncertain.

Low ratings in any of these readiness areas do not disqualify projects from award, but competitive applications clearly and directly describe a realistic and achievable project and

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Packet Pg. 336 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 31 address risk mitigation strategies. A project with mitigated risks or with a risk mitigation plan is more competitive than a comparable project with unaddressed risks.

Each project readiness criterion has its own rating, but translates to ‘High,’ ‘Medium,’ or ‘Low’:

Rating High Medium Low
Technical
Assessment
Certain: The team is
confident in the
applicant’s capacity
to deliver the project
in a manner that
satisfies federal
requirements
Somewhat
Certain/Unknown:

The team is moderately
confident in the
applicant’s capacity to
deliver the project in a
manner that satisfies
federal requirements.

Uncertain: The team
is not confident in the
applicant’s capacity
to deliver this project
in a manner that
satisfies federal
requirements
Financial
Completeness
Complete: The
Project’s federal and
non-federal sources
are fully
committed—and
there is demonstrated
funding available to
cover
contingency/cost
increases.

Partially Complete:

Project funding is not
fully committed but
appears highly likely to
be secured in time to
meet the project’s
construction schedule.

Incomplete:

The project lacks full
funding, or one or
more federal or nonfederal match sources
are still uncertain as
to whether they will
be secured in time to
meet the project’s
construction
schedule.

Environmental
Risk Assessment
(Capital
Construction only)
Low Risk: Based on
the available
information, it is
highly likely that the
project will meet the
recommended
obligation deadline.

Moderate Risk: Based
on the available
information, there is
some possibility that the
project will not meet the
recommended obligation
deadline.

High Risk: Based on
the available
information, there is a
high likelihood that
the project will not
meet the
recommended
obligation deadline.

Based on the Second-Tier Analysis, DOT will develop an aggregate Project Readiness rating of ‘Very Likely,’ ‘Likely,’ or ‘Unlikely’ using the following methodology:

Overall Project Readiness Rating Individual Criteria
Ratings for Planning
(2 Factors)
Individual Criteria
Ratings for Construction
(3 Factors)
Very Likely: Based on the information
provided in the application and the
proposed scope of planning activities or
construction project, it is very likely the
• Two ‘High’ • All ‘High’
• Two ‘High,’ one
‘Medium’

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Packet Pg. 337 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 32 applicant can successfully complete the
project.

Likely: Based on the information
provided in the application and the
proposed scope, it is probably that the
applicant can successfully complete the
project.
• Combination of
ratings that do not fit
within the
definitions of Very
Likely or Unlikely
• One ‘High,’ two
‘Medium’
• All ‘Medium’
• One ‘High,’ one
‘Medium,’ one ‘Low’
Unlikely: Based on the information
provided in the application and the
proposed scope, it is uncertain whether
the applicant can successfully complete
the project.
• Two ‘Low’ • Two ‘Medium,’ one
‘Low’
• Two or more ‘Low’
v. Highly Rated Applications for Secretary’s Consideration Following completion of Second-Tier Analysis, the SRT determines which applications with Second-Tier Analysis are designated as Highly Rated. The SRT reserves the right to confer and include consultation with DOT Field Offices and inter-agency Federal Departmental partners in determining which applications with Second-Tier Analysis are designated as Highly Rated. In addition to information provided in applications and the results of the Merit Criteria reviews and Second-Tier Analysis, the SRT may consider their personal knowledge and information provided by DOT Field Offices and inter-agency Federal partners on the alignment of specific applications with the criteria described in Section E.1.

For each grant type, the SRT will present the Secretary of Transportation with a list of Highly Rated Applications for the Secretary’s Consideration. The SRT may refer select Capital Construction Grant applications for consideration for Planning Grant awards where project sponsors would benefit from additional planning, feasibility, design, and engineering to improve project readiness. Capital Construction Grant applications eligible for this consideration will have a ‘Highly Recommended’ merit rating, a ‘Likely’ or ‘Unlikely’ project readiness rating, and will exhibit exceptional benefits for economically disadvantaged communities per Criterion #2 – Mobility and Community Connectivity and Criterion #4 – Equitable Development and Shared Prosperity.

The SRT may advise the Secretary on any application on the list of Highly Rated Applications, including options for reduced awards. The Secretary makes final selections consistent with selection criteria and statutory requirements. The Secretary’s selections identify the applications that best address program criteria outlined in Section E and program goals in Section A and are most deserving of funding.

To support the program goal of more equitable investment in economically disadvantaged communities, the SRT will seek to present a list of Highly Rated Applications sufficient to award the majority of RCP Planning Grant benefits, in the form of total overall RCP Planning Grant funds, to Planning Grant applications that serve economically disadvantaged communities.

The Secretary may consider benefits to disadvantaged communities, urban / rural / Tribal balance, geographic, and organizational diversity when selecting RCP Program grant awards.

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Packet Pg. 338 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 33 3. Additional Information
Prior to award, each selected applicant will be subject to a risk assessment as required by 2 CFR § 200.206. DOT must review and consider any information about the applicant that is in the Federal Awardee Performance and Integrity Information System (FAPIIS), the designated integrity and performance system accessible through SAM. An applicant may review information in FAPIIS and comment on any information about itself that a Federal awarding agency previously entered. DOT will consider comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant’s integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants.

F. Federal Award Administration Information

1. Federal Award Notice
Following the evaluation outlined in Section E, the Secretary will announce awarded projects by posting a list of selected projects at https://www.transportation.gov/reconnecting. The posting of the list of selected award recipients will not constitute an authorization to begin performance.

Following the announcement, for each application received, DOT will provide email notification the point of contact listed in the SF-424 stating whether the application was selected for award.

For selected applications, DOT will initiate negotiation of a grant agreement with that contact.

2. Administrative and National Policy Requirements
i. Critical Infrastructure Security, Cybersecurity and Resilience15 It is the policy of the United States to strengthen the security and resilience of its critical infrastructure against all hazards, including physical and cyber risks, consistent with National Security Memorandum 22 to Secure and Enhance the Resilience of U.S. Critical Infrastructure, and the National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems. Each applicant selected for Federal funding must demonstrate, prior to the signing of the grant agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the project. Projects that have not appropriately considered and addressed physical and cyber security and resilience in their planning, design, and project oversight, as determined by the Department and the Department of Homeland Security, will be required to do so before receiving funds. ii. Domestic Preference Requirements
As expressed in Executive Order 14005, Ensuring the Future Is Made in All of America by All of America’s Workers (86 FR 7475), the executive branch should maximize, consistent with law, the use of goods, products, and materials produced in, and services offered in, the United States. Funds made available under this notice are subject to the domestic preference requirements at 23 USC 313, 23 CFR 635.410, Build America, Buy America Act (Pub. Law 117- 58, Title IX), and 2 CFR part 184. The Department expects all applicants to comply with those requirements.
15 This policy statement should be included in all BIL NOFOs. Program managers should contact the Office of the Chief Information Officer (OCIO) with any questions regarding applicability at [email protected].

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Packet Pg. 339 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 34 iii. Civil Rights and Title VI
As a condition of a grant award, grant recipients should demonstrate that the recipient has a plan for compliance with civil rights obligations and nondiscrimination laws, including Title VI of the Civil Rights Act of 1964 and implementing regulations (49 CFR § 21), the Americans with Disabilities Act of 1990 (ADA), and Section 504 of the Rehabilitation Act, all other civil rights requirements, and accompanying regulations. This should include a current Title VI plan, completed Community Participation Plan, and a plan to address any legacy infrastructure or facilities that are not compliant with ADA standards. Additionally, DOT encourages RCP Program award recipients to adhere to the Public Rights-of-Way Accessibility Guidelines and utilize universal design principles.16 DOT’s and the applicable Operating Administrations’ Offices of Civil Rights may work with awarded grant recipients to ensure full compliance with Federal civil rights requirements.
iv. National Environmental Policy Act of 1969 (NEPA)
Funding recipients must comply with NEPA under 42 U.S.C. §§ 4321 et seq. and the Council on Environmental Quality’s NEPA implementing regulations at 40 CFR §§ 1500-1508, where applicable. Applicants must also follow the NEPA regulations, policy, and guidance, as applicable, of the DOT operating administration(s) identified as the NEPA federal lead agency(ies).
v. Federal Contract Compliance
As a condition of grant award and consistent with EO 11246, Equal Employment Opportunity (30 FR 12319, and as amended), all Federally assisted contractors are required to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women, in addition to goals that vary based on geography for construction work hours and for work being performed by people of color. Under Section 503 of the Rehabilitation Act and its implementing regulations, affirmative action obligations for certain contractors include an aspirational employment goal of 7 percent workers with disabilities.

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) is charged with enforcing Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974. OFCCP has a Mega Construction Project Program through which it engages with project sponsors as early as the design phase to help promote compliance with non-discrimination and affirmative action obligations. OFCCP will identify projects that receive an award under this notice and are required to participate in OFCCP’s Mega Construction Project Program from a wide range of Federally-assisted projects over which OFCCP has jurisdiction and that have a project cost above $35 million. DOT will require project sponsors with costs above $35 million that receive awards under this funding opportunity to partner with OFCCP, if selected by OFCCP, as a condition of their DOT award.
vi. Project Signage and Public Acknowledgements
Recipients are encouraged for construction and non-construction projects to post project signage and to include public acknowledgments in published and other collateral materials (e.g., 16 https://www.access-board.gov/prowag/

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Packet Pg. 340 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 35 press releases, marketing materials, website, etc.) satisfactory in form and substance to DOT, that identifies the nature of the project and indicates that “the project is funded by the Bipartisan Infrastructure Law.” In addition, recipients employing project signage are required to use the official Investing in America emblem in accordance with the Official Investing in America Emblem Style Guide. Costs associated with signage and public acknowledgments must be reasonable and limited. Signs or public acknowledgments should not be produced, displayed, or published if doing so results in unreasonable cost, expense, or recipient burden. The Recipient is encouraged to use recycled or recovered materials when procuring signs. vii. Other Administrative and Policy Requirements
All awards will be administered pursuant to the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards found in 2 CFR § 200, Subpart F, as adopted by DOT at 2 CFR § 1201. Additionally, as permitted under the requirements described above, applicable Federal laws, rules, and regulations of the relevant operating administration (e.g., the Federal Highway Administration, Federal Transit Administration, Federal Railroad Administration, etc.).17 DOT anticipates grant recipients will have varying levels of experience administering Federal funding agreements and complying with Federal requirements, DOT will take a risk-based approach to RCP Program grant agreement administration to ensure compliance with all applicable laws and regulations.

In connection with any program or activity conducted with or benefiting from funds awarded under this notice, recipients of funds must comply with all applicable requirements of Federal law, including, without limitation, the Constitution of the United States; the conditions of performance, non-discrimination requirements, and other assurances made applicable to the award of funds in accordance with regulations of the Department of Transportation; and applicable Federal financial assistance and contracting principles promulgated by the Office of Management and Budget. In complying with these requirements, recipients, in particular, must ensure that no concession agreements are denied, or other contracting decisions made on the basis of speech or other activities protected by the First Amendment. If DOT determines that a recipient has failed to comply with applicable Federal requirements, DOT may terminate the award of funds and disallow previously incurred costs, requiring the recipient to reimburse any expended award funds.

3. Reporting
i. Progress Reporting on Grant Activities
Progress reporting addresses both project administration and overall project benefits. It should include measurable goals or targets that DOT will use internally to determine whether the project meets program goals, and grant funds achieve the intended long-term outcomes of the RCP Program. Section C - Data Collection Requirements.
17 Please visit Reconnecting Communities Grant Agreements | US Department of Transportation for the General Terms and Conditions for FY 2023 awards. The Reconnecting Communities FY 2024 Terms and Conditions will be similar to the RCP FY 2023 Terms and Conditions and will include relevant updates consistent with this notice.

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Packet Pg. 341 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 36 During the project’s period of performance, recipients must submit regular Performance Progress Reports (SF-PPR) and Federal Financial Reports (SF-425) to monitor project administration and ensure accountability and financial transparency in the RCP Program.

RCP Program recipients must also submit annual reports that address both project administration and the overall benefits delivered to the project area that were articulated in the applicants’ grant proposal and agreed upon with DOT in the grant agreement prior to the obligation of the award. Five years after the project is complete, Capital Construction Grant recipients should submit a report fully documenting outcomes achieved in association with the RCP Program project.
ii. Post Award Reporting Requirements / Reporting of Matters Related to Recipient Integrity and Performance
If the total value of a selected applicant’s currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the applicant during that period of time must maintain the currency of information reported in SAM that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Pub. L. No.110-417, as amended (41 U.S.C. § 2313). As required by section 3010 of Pub. L. No. 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. Additionally, if applicable funding recipients must be in compliance with the audit requirements in 2 CFR § 200, Subpart F. iii. Performance and Program Evaluation
As a condition of grant award, RCP Program grant recipients may be required to participate in an evaluation undertaken by DOT, or another agency or partner. The evaluation may take different forms, such as an implementation assessment across grant recipients, an impact and/or outcomes analysis of all or selected sites within or across grant recipients, or a benefit/cost analysis or assessment of return on investment. DOT may require applicants to collect data elements to aid the evaluation. As a part of the evaluation, as a condition of award, grant recipients must agree to: (1) make records available to the evaluation contractor; (2) provide access to program records, and any other relevant documents to calculate costs and benefits; (3) facilitates access to relevant information as requested; and (4) follow evaluation procedures as specified by the evaluation contractor or DOT staff.

Recipients and subrecipients are also encouraged to incorporate program evaluation including associated data collection activities from the outset of their program design and implementation to meaningfully document and measure their progress towards meeting an agency priority goal(s). Title I of the Foundations for Evidence-Based Policymaking Act of 2018 (Evidence Act), Pub. L. No. 115-435 (2019) urges Federal awarding agencies and Federal assistance recipients and subrecipients to use program evaluation as a critical tool to learn, to improve equitable delivery, and to elevate program service and delivery across the program lifecycle. Evaluation means “an assessment using systematic data collection and analysis of one or more programs, policies, and organizations intended to assess their effectiveness and

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Packet Pg. 342 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 37 efficiency.” 5 U.S.C. § 311. Credible program evaluation activities are implemented with relevance and utility, rigor, independence and objectivity, transparency, and ethics (OMB Circular A-11, Part 6 Section 290).

For more information on RCP performance and program evaluation, and grant implementation progress reporting, please visit
https://www.transportation.gov/grants/RCPprogram.

G. Federal Awarding Agency Contacts
For further information concerning this notice please contact the Reconnecting Communities grant program staff via e-mail at [email protected], or email Andrew Emanuele at [email protected]. A TDD is available for individuals who are deaf or hard of hearing at 202-366-3993. In addition, DOT will post answers to questions and requests for clarifications on DOT’s website at https://www.transportation.gov/reconnecting. To ensure applicants receive accurate information about eligibility or the program, the applicant is encouraged to contact DOT directly, rather than through intermediaries or third parties, with questions. DOT staff may also conduct briefings on the RCP Program grant selection and award process upon request.

H. Other Information

1. Definitions
Term Definition
Community Advisory
Board
For the purposes of this NOFO, a Community Advisory Board shall facilitate community engagement with respect to the project, including regarding community sentiment and buy-in, and track progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development. A Community Advisory Board shall be composed of representatives of the community, community-serving nonprofits, owners of businesses that serve the community, labor organizations that represent workers that serve the community.

Context-Sensitive Context Sensitivity is a collaborative, interdisciplinary approach that involves all stakeholders to provide a transportation facility that fits its physical setting and preserves scenic, aesthetic, historic and environmental resources, while maintaining safety and mobility.

Displacement In accordance with the Uniform Relocation Act, DOT defines a displaced person as any [eligible] person who moves from the real property or moves his or her personal property from the real property … as a direct result of written notice of intent to acquire, or the acquisition, rehabilitation, or demolition of real property in whole or in part for a Federally-funded project. See full definition in 49 CFR 24.2(a)(9).

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Packet Pg. 343 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 38 Economically
Disadvantaged Community
For the purposes of the RCP NOFO, applicants may demonstrate the “economic disadvantage” of the project area using the Climate and Economic Justice Screening Tool (CEJST) to
identify geographically defined disadvantaged communities. To identify communities that are located in an area of persistent poverty to further assess burdens or assess and demonstrate benefits of a project, applicants may use the CEJST and one or more of the following tools:

1. EPA Environmental Justice Screening and Mapping tool (EJSCREEN) – socio-economic indicator for low income,
block groups in the 80th percentile or above, compared to the State.

2. Areas of Persistent Poverty table for the County or Census tract level.

3. Census tract identified in the USDOT Equitable
Transportation Community (ETC) Explorer

4. FHWA Screening Tool for Equity Analysis of Projects
A project located in both (1) areas that are Disadvantaged Communities and (2) areas that are not Disadvantaged
Communities will be designated as Disadvantaged Communities if the majority the project’s costs will be spent in the areas that qualify as Disadvantaged Communities. For RCP Community Planning grants, the location being planned, prepared, or designed will be used for the Disadvantaged Community
designation. Projects that fall on the border of a Disadvantaged and Non-Disadvantaged Community will be considered
Disadvantaged Communities.

As outlined on the “Methodology” page, the CEJST uses
datasets as indicators of burdens. The burdens are organized into categories. The categories of burdens are: climate change, energy, health, housing, legacy pollution, transportation, water and wastewater, and workforce development. A community is highlighted as disadvantaged on the CEJST map if it is in a census tract that is (1) at or above the threshold for one or more environmental, climate, or other burdens, and (2) at or above the threshold for an associated socioeconomic burden. In addition, a census tract that is completely surrounded by disadvantaged communities and is at or above the 50% percentile for low income is also considered disadvantaged.

Eligible Facility A highway or other surface transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors.

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Packet Pg. 344 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 39 Environmental Justice Environmental justice, as defined by EO 14096, is the just treatment and meaningful involvement of all people, regardless of income, race, color, national origin, Tribal affiliation, or disability, in agency decision-making and other Federal activities that affect human health and the environment so that people:
(i) are fully protected from disproportionate and adverse human health and environmental effects (including risks) and hazards, including those related to climate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and
(ii) have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and subsistence practices.

Equitable Development Equitable development is a development approach for meeting the needs of all communities, including underserved
communities through policies and programs that reduce
disparities while fostering livable places that are healthy and vibrant for all.

Equity The consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment, such as persons of color; religious minorities; LGBTQI+ persons; persons with disabilities; rural residents; and people living in poverty.

Gentrification As defined by the U.S. Environmental Protection Agency, gentrification commonly refers to the process of neighborhood change that occurs as places of lower real estate value are transformed into places of higher real estate value. In recent years, gentrification has become an increasingly common occurrence because of the growing popularity of urban centers and existing communities. Gentrification is a nuanced process whose outcomes may be viewed as: positive based on
improvements to physical and economic infrastructure; negative when cultural assets and cherished institutions are compromised; or both positive and negative when important services (retail, housing, transportation, greenspace, and the like) are provided, but are unaffordable by long-standing residents.

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Packet Pg. 345 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 40 Highway The term “highway” includes a road, street, and parkway and is inclusive of its associated right-of-way. A highway may incorporate a bridge, railroad-highway crossing, tunnel, drainage structures, including public roads on dams, signs, guardrails, and other protective structures; and a portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State transportation department.

See 23 USC 101(a)(11).

Public Rights-of-Way
Accessibility Guideline
(PROWAG)
PROWAG means the Public Right-of-Way Accessibility
Guideline as issued by the United States Access Board. These proposed guidelines address pedestrian access to sidewalks and streets, including crosswalks, curb ramps, street furnishings, pedestrian signals, parking, and other components of public rights-of-way.

Rural For the purposes of this NOFO, rural jurisdictions are those outside of Urbanized Areas with populations below 50,000. See U.S. Census Bureau resources on Rural America and Maps of Urbanized Areas. A list of Urban Areas for the 2010 Census is available in the Federal Register. The U.S. Department of Agriculture’s Economic Research Service also provides data for rural analysis.

Underserved Communities Refers to populations sharing a particular characteristic, as well as geographic communities, that have been systematically denied a full opportunity to participate in aspects of economic, social, and civic life, as exemplified by the list in the preceding definition of “equity.”
Unit of Local Government The term “unit of local government” means any city, county, township, town, borough, parish, village, or non-general purpose local governments. For the purposes of this NOFO, a public transportation authority that is also a unit of local government would be eligible to apply.

Universal Design Universal Design is the design and composition of an environment so that it can be accessed, understood and used to the greatest extent possible by all people regardless of their age, size, ability or disability. By considering the diverse needs and abilities of all throughout the design process, universal design creates products, services, and environments that meet peoples' needs.

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Packet Pg. 346 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 41 2. Publication and Use of Application Information
After the selection process and announcement of awards, DOT intends to publish a list of all applications received, along with the names of the applicant organizations and funding amounts requested. DOT may make application narratives publicly available or share application information within DOT or with other Federal agencies, if DOT determines that sharing is relevant to the respective program’s objectives. The Department may use information contained in applications to inform wider research on past harms.

All information submitted as part of or in support of any application shall use publicly available data or data that can be made public and methodologies that are accepted by industry practice and standards, to the extent possible. If the applicant submits information that the applicant considers to be a trade secret or confidential commercial or financial information, the applicant must provide that information in a separate document, which the applicant may crossreference from the application narrative or other portions of the application. For the separate document containing confidential information, the applicant must do the following: (1) state on the cover of that document that it “Contains Confidential Business Information (CBI)”; (2) mark each page that contains confidential information with “CBI”; (3) highlight or otherwise denote the confidential content on each page; and (4) at the end of the document, explain how disclosure of the confidential information would cause substantial competitive harm. DOT will protect confidential information complying with these requirements to the extent required under applicable law. If DOT receives a Freedom of Information Act (FOIA) request for the information that the applicant has marked in accordance with this section, DOT will follow the procedures described in its FOIA regulations at 49 C.F.R. § 7.29. Only information that is in the separate document, marked in accordance with this section, and ultimately determined to be confidential under § 7.29 will be exempt from disclosure under FOIA.

3. DOT Feedback on Applications
DOT will not review applications in advance, but DOT staff are available for technical questions and assistance. DOT strives to provide as much information as possible to assist applicants with the application process. Unsuccessful applicants may request a debriefing up to 90 days after the selected funding recipients are publicly announced. Program staff will address questions to [email protected] throughout the application period.

4. Rural Applicants
User-friendly information and resources regarding DOT’s discretionary grant programs relevant to rural applicants can be found on the Rural Opportunities to Use Transportation for Economic Success (ROUTES) website at www.transportation.gov/rural.

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Packet Pg. 347 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 42 Appendix I: Fiscal Year 2024 Reconnecting Communities Pilot (RCP) Program Guidelines for Evaluation of Applications
Introduction/Background
Sections 11101(d)(3) and 11509 of Division A of the Infrastructure Investment and Jobs Act (Pub. L. 117-58, November 15, 2021, “Bipartisan Infrastructure Law,” or “BIL”) authorized a total of $500 million of contract authority from the Highway Trust Fund to be awarded by the DOT for the FY 2022-2026 Reconnecting Communities Pilot (RCP) Program. Title VIII, Division J appropriated an additional $500 million from the General Fund to be awarded by the DOT for the FY 2022-2026 RCP Program. Of the total amount of the FY 2024 RCP funding available in this notice (FY 2024, 2025, and 2026), $307 million is authorized contract authority from the Highway Trust Fund (HTF) and $300 million is appropriations from the General Fund (GF). Due to the imposition of the obligation limitation on the HTF, approximately $258 million is available for award. Due to the Federal Highway Administration’s 1.5% administrative takedown from GF funds, $295.5 million is available for award.

The purpose of the RCP Program is to advance community-centered connection projects, with a priority for disadvantaged communities, that improve access to daily needs such as jobs, education, healthcare, food, and recreation; foster equitable development and restoration; and reconnect communities by removing, retrofitting, or mitigating highways or other transportation facilities that create barriers to community connectivity, including to mobility, access, or economic development, or cause environmental burdens.

To be selected for an FY 2024 Award, applicants must supply sufficient information to address the selection criteria and project requirements outlined in the NOFO. Applications must be submitted by 11:59 PM EDT on Monday, September 30, 2024. Late applications will not be accepted.

The Office of the Assistant Secretary for Transportation Policy (OST-P) will organize the evaluation and selection process with the assistance of the Office of the General Counsel (OGC) and other applicable Operating Administrations (OAs). This document provides information and guidance for the evaluation teams, including the roles and responsibilities of each team, the overall evaluation process, and details of each review phase. Consistent with BIL div. A Sec. 11509, this document supplements the NOFO and should be used, reviewed, and understood by all team members prior to their participation in the evaluation process. These guidelines use terminology as defined in the NOFO.

Review Process Overview
The RCP Program provides technical assistance and funding for two types of grants: Community Planning Grants and Capital Construction Grants. While some parts of the review process are identical for each type of grant, there are differences, which will be further described in the following sections.

The Department will review all applications received before the submission deadline. Late applications will not be considered. The RCP Program grant review and selection process consists of intake, merit analysis, first senior review of ‘Recommended’ projects, second-tier

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Packet Pg. 348 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 43 analysis for qualifying applications, second senior review, and selection and award. The Secretary makes the final selections.

Phase Activities
Intake Phase • Initial Eligibility Review
• Sorting and Application Assignment
Merit Analysis Phase • Merit Criteria Ratings
• ‘Highly Recommended’ projects proceed to Second-Tier
Analysis
Senior Review Phase (I) • Advance ‘Recommended’ applications that provide exceptional benefit to economically disadvantaged
communities to Second-Tier Analysis
Second-Tier Analysis • Project Readiness for all grant application types • Benefit-Cost Analysis (reviewed if submitted but required only for RCP Capital Construction Grants)
Senior Review Phase (II) • Assemble list of ‘Highly Rated’ Applications for the Secretary's Consideration
Selection and Award
Phase
• Secretary selects projects
• Finalization of proposed award amounts
• Announcement of awards
All information will be included and documented in an online, web-based evaluation tool for the internal use of evaluation teams. The evaluation tool will include the specific fields that evaluators will be expected to complete that capture the data fields outlined below.

Participant Agreements
All individuals who participate in the application review process, including evaluators, SRT members, and support staff who view applications, will enter written agreements committing to comply with conflict-of-interest laws, not to disclose non-public information, and not to use nonpublic information for private gain. OST-P collects and maintains executed agreements. OGC will be available to advise participants who have questions about complying with these requirements. See Appendix I for the Guidance and Certification on Conflicts of Interest and Nonpublic Information.

Teams
The Evaluation Management and Oversight Team (EMOT), which is comprised of OSTPolicy, OA, and OST OGC staff will organize and support the process through all phases. EMOT will ensure the ratings are consistent internally and with the evaluation guidelines by reviewing evaluations conducted by different groups of reviewers. If the EMOT finds inconsistencies, they will ask the responsible Team Lead to review and revise as appropriate. The EMOT will document that they have completed their quality control review prior to the application being presented as part of the Senior Review Phase.

Evaluation Teams comprised of staff from OST-P, FHWA, FTA, FRA, and contracted support staff, as appropriate, will conduct merit criteria evaluation review actions and ratings

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Packet Pg. 349 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 44 assignments for Community Planning Grant and Capital Construction Grant applications. Interagency Federal staff will support evaluation teams by advising on the evaluation for a subset of merit criteria. These inter-agency advisors will offer subject matter expertise related to topics such as equitable development strategies.

A Technical Capacity Assessment Team, managed by the EMOT and in coordination with OA field office staff, will conduct the assessment per the template in Appendix III of this document.

A Financial Completeness Assessment Team, managed by the EMOT and in coordination with the Build America Bureau, will conduct the assessment per the template in Appendix III of this document.

The Economic Analysis Team, led by a senior departmental economist and comprising economic experts from OST and the OAs, along with contracted support, will evaluate the BCAs submitted by applicants. See the template in Appendix III of this document.

An Environmental Risk Review Team, comprised of OST-P and OA staff, will evaluate the prerequisite of project inclusion in the S/TIP or equivalent and TAM Plan for transit, the status of the project’s environmental approvals and readiness to proceed if selected, as well as potential project risks and mitigation strategies all relating to the proposed project schedule. Multiple OAs may be assigned as deemed necessary (e.g., for a project with both port and rail components).

See the template in Appendix III of this document.

The Senior Review Team consists of senior departmental officials who have been requested to serve by the Secretary, and at a minimum includes leadership from OST-Policy, FHWA, FRA, and FTA.

Intake Review Phase
The first phase of the evaluation process is the Intake Review Phase. The Intake Review Phase is different for Community Planning Grants and Capital Construction Grants. During this phase, the EMOT, with support from OST-P, FHWA, FTA, FRA, and contracted support staff, will perform the activities below. All completeness and eligibility determinations will be documented.
• Sort Applications: The Team will sort applications into groupings for assignment to evaluators, separating Community Planning Grants and Capital Construction Grants. The Team will also note the State(s) in which the applicant is located and modal type of the Eligible Facility. The Team will note applications directly benefiting federally recognized Tribes in addition to the State location.
• Application Completeness Determinations: For each application, an initial review will assess whether the applicant submitted all the information requested for an application. o For Community Planning Grants, this includes Standards Forms (SF) SF-424, SF424A, SF-424B, and the intake information, Narrative, and Budget. o For Capital Construction Grants, this includes Standard Forms SF-424, SF-424C, SF424D, and the intake information, Narrative, and Budget. o This step will affirm whether information is present and consistent within the application, not the accuracy or quality of the submission. Applicants who are determined to be ineligible will be notified in writing, and all determinations will be documented.

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Packet Pg. 350 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 45 • Affirm Applicant Eligibility and Project Eligibility:
o For Community Planning Grants, eligible applicants are:
• A State; a unit of local government; a Tribal government; a metropolitan planning organization (MPO); or a Nonprofit organization. o For Capital Construction Grants, eligible applicants are:
• The Facility Owner or a partnership between the Facility Owner and any eligible Community Planning Grant applicant, where the Facility Owner serves as the lead applicant.

Merit Criteria Rating Phase
Evaluation Teams will assess all applications against the merit criteria per the guidelines included in the NOFO. The guidelines will ensure that each application is evaluated consistently, and the evaluation is sufficiently documented. The Quality Control Team will ensure internal consistency and consistency with the evaluation guidelines. While there are some differences between the merit criteria for the Community Planning Grants and Capital Construction Grants, the ratings process for the merit phase are the same. The process and ratings are described below.

All determinations will be documented for future reference and accountability purposes.

All eligible applications for Community Planning Grants and Capital Construction Grants received by the deadline will be reviewed by Evaluation Teams. Each Team has one Team Lead.

The Team Lead will be responsible for ensuring that each application is evaluated consistently and per the guidelines. The Team Lead will ultimately determine the application rating in consultation with the other Team member and with input from the inter-agency advisor(s), and their reviews. The Team Lead will be solely responsible for determining and justifying the evaluation.

The Team will enter their ratings and reviews into the evaluation tool. Instructions for completing the ratings and justification fields are included in the Appendix of these guidelines. • Review Merit Criteria: The Team will assess and provide ratings for each of these criteria based on the considerations described in the NOFO: #1 Equity and Justice40; #2 Access; #3 Facility Suitability; #4 Community Engagement, and Community-based Stewardship, Management, and Partnerships; # 5 Equitable Development; #6.1 Climate Change Mitigation and/or Adaptation and Resilience; #6.2 Workforce Development and Economic Opportunity; and #6.3 Planning Integration. Each merit criterion will be rated ‘High,’ ‘Medium,’ ‘Low,’ or ‘Non-Responsive.’ Based on the criteria ratings, an overall application merit rating of ‘Highly Recommended,’ ‘Recommended,’ ‘Acceptable,’ or ‘Not Recommended’ will be assigned. The rubric is provided in Appendix II.

Once every application has been assigned an overall merit rating, all Highly Recommended grant applications will proceed to the Second-Tier Analysis. Recommended grant applications may advance at the discretion of the Senior Review Team, as described in the next section.

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Packet Pg. 351 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 46 Senior Review Team (SRT) Phase
Applications that receive an overall rating of ‘Highly Recommended’ based on the methodology above proceed to the Second-Tier Analysis. The SRT may advance to Second-Tier Analysis only ‘Recommended’ applications that exhibit exceptional benefits for economically disadvantaged communities per Criterion #2 – Access and Criterion #5 – Equitable Development, as determined by the SRT.

Second-Tier Analysis
Second-Tier Analysis for Community Planning Grant applications consist of a two-part project readiness assessment for Technical Assessment and Financial Completeness. Second-Tier Analysis for Capital Construction Grant applications consists of a review of the Benefit-Cost Analysis and a three-part readiness assessment for Technical Assessment, Financial Completeness, and Environmental Risk. The process and criteria for each are described below.

Second-Tier Analysis – Community Planning Grants
Teams will conduct a second-tier analysis consisting of project readiness demonstration through Technical Assessment and Financial Completeness. The Technical Assessment and Financial Completeness Assessment are based on information contained throughout the application and do not require any additional submissions.
• Technical Assessment will assess the applicant’s capacity to successfully deliver the project in compliance with applicable Federal requirements based on factors including the recipient’s experience working with Federal agencies, civil rights compliance, previous experience with DOT discretionary grant awards and the technical experience and resources dedicated to the project. Ratings will be one of the following: ‘Certain,’ ‘Somewhat Certain,’ ‘Uncertain,’ or ‘Unknown.’ Lack of previous project delivery according to Federal requirements is not sufficient justification for a rating of ‘Uncertain,’ but may result in a rating of ‘Unknown.’ • Financial Completeness Assessment reviews the budget information and assesses the extent to which expenses are necessary and reasonable to perform the activities required to execute the Community Planning Grant based on 2 CFR § 200.404. It also considers availability of matching funds and whether the applicant presented a well-documented budget with any necessary supporting materials to substantiate matching funds. This assessment will result in a rating of ‘Complete,’ ‘Partially Complete,’ or ‘Incomplete.' Second-Tier Analysis – Capital Construction Grants
Teams will conduct a second-tier analysis consisting of project readiness demonstration through Technical Assessment, Financial Completeness, and Environmental Risk. RCP Capital Construction grant applications are also evaluated on the results of a BCA. The Technical Assessment and Financial Completeness Assessment are based on information contained throughout the application and do not require an additional submission. The application should include additional information that explicitly addresses Environmental Risk. Supplemental appendices or attachments supporting Environmental Risk and the BCA do not count against overall length.

4.A.b
Packet Pg. 352 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 47 • Technical Assessment will assess the applicant’s capacity to successfully deliver the project in compliance with applicable Federal requirements based on factors including the recipient’s experience working with Federal agencies, civil rights compliance, previous experience with DOT discretionary grant awards and the technical experience and resources dedicated to the project. Ratings will be one of the following: ‘Certain,’ ‘Somewhat Certain,’ ‘Uncertain,’ or ‘Unknown.’ Lack of previous project delivery according to Federal requirements is not sufficient justification for a rating of ‘Uncertain,’ but may result in a rating of ‘Unknown.’ • Financial Completeness Assessment reviews the budget information and assesses the extent to which expenses are necessary and reasonable to perform the activities required to execute the Capital Construction Grant based on 2 CFR § 200.404. It considers availability of matching funds and whether the applicant presented a well-documented budget any necessary supporting materials to substantiate matching funds. The assessment will result in a rating of ‘Complete,’ ‘Partially Complete,’ or ‘Incomplete.' For projects that receive a rating of ‘complete’ and include funding estimates that are based on early stages of design (e.g., less than 30 percent design) or outdated cost estimates, without specified contingency, evaluators may add a comment to note the potential for uncertainty in the estimated project costs. All applicants should describe a plan to address potential cost overruns. • Environmental Risk Assessment analyzes the project’s environmental approvals and likelihood of the necessary approval affecting project obligation, and results in a rating of ‘High Risk,’ ‘Moderate Risk,’ or ‘Low Risk.’ As a prerequisite, RCP applicants must demonstrate project inclusion in the STIP or equivalent planning document, or the TAM Plan for transit projects, or include a narrative explanation of how this will be achieved prior to the obligation of an award. The environmental risk assessment will depend on the completeness and clarity with which applicants address the suggested information and prompts detailed in the Narrative section (D.2.iv.), above. • Benefit-Cost Analysis for applications will be reviewed and assigned a rating of ‘Positive’ benefits exceed costs, ‘Negative’ costs exceed benefits, or ‘Uncertain’ if there is not enough information available to decide.
o The purpose of the BCA is to enable DOT to evaluate the project’s cost-effectiveness by comparing its expected benefits to its expected costs. o A ‘Negative’ rating does not disqualify the application from an award selection. o Applicants should provide all relevant files used for their BCA, including spreadsheets and technical memos describing the analysis so there is sufficient detail and transparency to allow DOT to reproduce the analysis. o The BCA should carefully document assumptions and methodology including a description of the baseline, the sources of data used to estimate project outcomes, and the values of key input parameters. The analysis should provide present value estimates of a project’s benefits and costs relative to a no-build baseline. To calculate present values, applicants should apply a real discount rate of 7 percent per year to the project’s streams of benefits and costs, which should be stated in constant-dollar terms. The costs and benefits that are compared in the BCA must cover the same project scope.

4.A.b
Packet Pg. 353 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 48 Senior Review Team Phase II
Following completion of second-tier analysis, the SRT determines which applications with second-tier analysis are designated as ‘Highly Rated’ based on the criteria described in the NOFO. The SRT makes a list of highly rated Applications for Consideration available to the Secretary. The Secretary selects projects.

In Senior Review Team Phase II, the SRT will:
• Reassign Grant Application Type: The SRT may recommend the reassignment of a highlyrated Capital Construction Grant application for a Community Planning Grant award where DOT recommends project sponsors engage in additional planning, feasibility, design, and engineering to improve project readiness. Capital Construction Grant applications are eligible for this consideration only if they have a ‘Highly Recommended’ merit rating, a ‘Likely’ or ‘Unlikely’ project readiness rating and exhibit exceptional benefits for economically disadvantaged communities per Criterion #2 – Access and Criterion #5 – Equitable Development, as determined by the SRT.
• Confirm Eligibility for RCP Capital Construction Grants: Following the completion of Second-Tier Analysis, the SRT will confirm with DOT Field Offices the following:
o Ownership of Facility: An eligible applicant for RCP Capital Construction Grants must have ownership over an eligible facility or a partnership with the owner. • Finalize the List of Highly Rated Applications for Consideration: The SRT shall convert the list of Community Planning and Capital Construction with the proposed thresholds into a list of Highly Rated Applications for Consideration. The SRT finalizes the list of Applications for the Secretary’s Consideration. The Secretary selects projects from this list. o To support the program goal of more equitable investment in economically disadvantaged communities, the SRT will seek to present a list of Highly Rated Applications sufficient to award of the majority of Community Planning Grant benefits, in the form of total overall Community Planning Grant funds, to Community Planning Grant applications that serve economically disadvantaged communities.

Secretary Selection Phase
For each grant type, the SRT will present Highly Rated Applications for Consideration to the Secretary, either collectively or through a representative. The Secretary shall receive the Highly Rated Applications from the SRT. The SRT may advise the Secretary on any application on the list, including options to reassign an application type or for reduced awards. The Secretary makes final selections based on the description below.

Grant Selection for Community Planning and Capital Construction Grants The Secretary will make selections based on the list of Highly Rated Applications for Consideration. The Secretary will select Community Planning and Capital Construction applications from the list. The Secretary may consider benefits to economically disadvantaged communities, urban / rural / Tribal balance, geographic, and organizational diversity when making selections. The Secretary’s selections identify the applications that best address program requirements and are most deserving of funding.

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Packet Pg. 354 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 49 Roles and Responsibilities
OST, FRA, FTA and FHWA General Functions
The Office of the Under Secretary of Transportation for Policy (OST), FRA, FTA and FHWA provide staff to the EMOT and are responsible for managing and coordinating the entire application review process. The management and coordination of the review process includes structuring and documenting SRT meetings, coordinating meetings between the Secretary and the Senior Review Team, issuing evaluation guidelines, managing the electronic evaluation system, and drafting the required Congressional notification.

OST, FTA, FRA and FHWA coordinate the documentation for key program decisions. Key decisions include decisions to: 1) change the scope of a project under consideration; 2) communicate with an applicant for additional information; 3) advance an application to SecondTier Analysis; 4) determine an application is Highly Rated; 5) award less than an amount requested; and 6) recommend the reassignment of a Capital Construction Grant application for a Community Planning Grant award, and 7) not select a Highly Rated project. The selection of applications to receive an award will also be documented.

Key decisions also include all decisions resulting in the disposition of an application, including:
• A final determination that an applicant or project is ineligible for funding; • The basis upon which an application is not added to the list of Highly Rated Applications for Consideration;
• The basis upon which an application is added to the list of Highly Rated Applications for Consideration;
• The basis upon which a Capital Construction Grant application is referred for a Community Planning Grant award; and,
• The basis upon which each application on the list of Highly Rated Applications for Consideration is or is not selected for an award.

Office of the General Counsel
The Office of the General Counsel (OGC) provides legal advice to all teams and participants involved in the evaluation process at all phases in the evaluation process. OGC supports the EMOT team by reviewing documentation of the evaluation process that the EMOT provides for legal sufficiency review.

4.A.b
Packet Pg. 355 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 50 Appendix II: Conflicts of Interest Letter

GUIDANCE AND CERTIFICATION ON CONFLICTS OF INTEREST

AND NONPUBLIC INFORMATION
For Participants in the Evaluation and Selection Process for the Reconnecting Communities Pilot (RCP) Program Notice of Funding Opportunity (NOFO) Conflicts of Interest
Because individual participants in the evaluation and selection process are most familiar with their own situations, it is their responsibility to:
1) Ensure that they have a completed an annual financial disclosure report (OGE Form 278e or OGE Form 450) if requested by their operating administration; 2) If they identify any potential conflict of interest, whether real or apparent, that may affect an evaluation, immediately disclose that potential conflict to an Office of the General Counsel (OGC) attorney (Jennifer Kirby/McLemore or another OGC ethics attorney) and, if the participant is a technical evaluator, their team lead; and
3) Certify below that they will not participate, and have not participated, in the review of any application where their participation constitutes a real or apparent conflict of interest.

There are several potential sources of conflicts of interest: outside employment, spousal employment, financial benefit, personal relationships, professional relationships, and other interests. If applicable, any one of these bases may disqualify an employee from participating in the review of an application. A conflict of interest may be real or apparent, personal or financial.

Below are examples of conflicts in each of these categories, but these examples are not exhaustive.

Personal Conflicts of Interest arise, e.g., when an evaluator, close relative, spouse, or business associate of an evaluator has:
• an interest in a grant application that is likely to bias his or her evaluation of it. • involvement as a staff member, consultant, or advisor on any application. • a close personal or familial relationship with the author or staff on any application. • a professional or financial relationship within the past year with the author or staff on any application.
• been an employee within the past year of the organization, department, or government submitting the application.
• been seeking employment, is interviewing with, or has an open employment offer from the applicant or another party interested in the application. • had a recent collaborative relationship with the author or staff of any application. • within the past year, received a gift from the author or staff of an organization submitting an application.

Financial Conflicts of Interest arise, e.g., when an evaluator, close relative, spouse, or business associate of an evaluator has:
• received or could receive a direct financial benefit deriving from a grant application.

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Packet Pg. 356 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 51 • a financial interest in the applicant entity. This includes income or ownership from stocks, bonds, or other financial holdings, and outside employment or board of director positions.
• any other interest in the application or proposal that is likely to bias the evaluator’s evaluation of that application or proposal.
• any other interest in an application or proposal that is known to the evaluator and would cause a reasonable person to question the evaluator’s impartiality if the evaluator were to participate in the review.

Please remember that in the performance of your duties, you must act impartially and not give preferential treatment to any organization or individual. If you participate in matters in which you have a financial interest, or for which financial interests are imputed to you, then you may violate criminal law.

Nonpublic Information
Grant applications may contain information that has not been made available to the general public. Likewise, the Department’s analyses of applications, including technical evaluations, evaluation meeting materials, senior officials’ internal comments on pending applications, and selection decisions, are nonpublic information. As a participant in the evaluation and selection process, you may create, observe, or gain access to that nonpublic information and other nonpublic evaluation process information. You are not authorized to disseminate that information. You are prohibited from using that information for private gain. These prohibitions include information that may eventually be disclosed to the public in response to a Freedom of Information Act (FOIA) request and information that may be disclosed by senior officials or public affairs officials. Until information is actually disseminated to the general public by authorized officials, it is nonpublic information. Dissemination of nonpublic information or use of nonpublic information for private gain may violate 5 CFR 2635.703 and other Government Ethics regulations and may result in disciplinary action.

4.A.b
Packet Pg. 357 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 52 CERTIFICATION
I have reviewed the above information regarding conflicts of interest, and in the course of my participation in the RCP Program evaluation and selection process, if I discover either a real or apparent personal or financial conflict of interest related to any application, I will immediately disclose such conflict to an OGC attorney to the RCP Program and appropriate supervisors of my role in the process, and I will cease to review any application or evaluation material for which I have disclosed such a conflict until further notice from my team lead.

I will not disclose nonpublic information that I create or obtain through my participation in the RCP Program evaluation and selection process. I will not use for private gain any nonpublic information that I create or obtain through my participation in the RCP Program evaluation and selection process. If information has not been disseminated to the general public, or if I am uncertain whether information has been disseminated to the general public, then I will treat that information as nonpublic, will not disseminate that information, and will not use that information for private gain.18
NAME: ______________________________
SIGNATURE: ______________________________ DATE: ________________ 18 These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.’

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Packet Pg. 358 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 53 Appendix III: Grant Scoring Methodology
This appendix provides the evaluation rubrics that evaluation teams will use to assess the Community Planning Grants and Capital Construction Grants.

Merit Criteria Ratings
For the merit criteria #1 Equity and Justice40; #2 Access; #3 Facility Suitability; #4 Community Engagement, and Community-based Stewardship, Management, and Partnerships; # 5 Equitable Development; #6.1 Climate Change Mitigation and/or Adaptation and Resilience; #6.2 Workforce Development and Economic Opportunity; and #6.3 Planning Integration, the Team will consider whether the application narrative is responsive to the selection criterion focus areas, and will advance program goals, which will result in a rating of ‘High,’ ‘Medium,’ ‘Low,’ or ‘Non-Responsive.’
Rating
Scale High Medium Low Non-Responsive
Description
The application is
substantively and
comprehensively
responsive to the
criterion. It makes
a strong case about
advancing the
program goals as
described in the
criterion
descriptions.

The application is
moderately
responsive to the
criterion. It makes
a moderate case
about advancing
the program goals
as described in
the criterion
descriptions.

The application
is minimally
responsive to the
criterion. It
makes a weak
case about
advancing the
program goals as
described in the
criterion
descriptions.

The narrative
indicates the
proposal is
counter to the
criterion or does
not contain
sufficient
information. It
does not advance
or may or
negatively impact
criterion goals.

The ratings on the individual merit criteria translate to the following overall application rating for merit criteria:

Overall Merit Rating Individual Criteria Ratings
Highly Recommended • At least four ‘High’ ratings,
• Zero ‘Non-Responsive’ ratings
Recommended • At least two ‘High’ ratings,
• No more than three ‘Low ratings,’
• No more than one ‘Non-Responsive’ rating, and
• Does not meet the criteria for a Highly Recommended
Rating
Acceptable • Combination of ratings that do not fit within the definitions of Highly Recommended, Recommended, or Not
Recommended
Not Recommended • Three or more ‘Non-Responsive’ ratings

4.A.b
Packet Pg. 359 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 54 Second-Tier Analysis: Project Readiness Criteria Ratings The Team will consider whether the application addresses the project readiness criteria, which will result in an aggregate rating of ‘High,’ ‘Medium,’ or ‘Low,’ using in the table below. Please note, each project readiness criteria has its own rating and aggregate to ‘High,’ ‘Medium,’ or ‘Low.’
Rating High Medium Low
Technical
Assessment
Certain: The team is
confident in the
applicant’s capacity
to deliver the project
in a manner that
satisfies federal
requirements
Somewhat
Certain/Unknown: The
team is moderately
confident in the
applicant’s capacity to
deliver the project in a
manner that satisfies
federal requirements
Uncertain: The team
is not confident in the
applicant’s capacity
to deliver this project
in a manner that
satisfies federal
requirements
Financial
Completeness
Complete: The
Project’s federal and
non-federal sources
are fully
committed—and
there is demonstrated
funding available to
cover
contingency/cost
increases.

Partially Complete:

Project funding is not
fully committed but
appears highly likely to
be secured in time to
meet the project’s
construction schedule.

Incomplete: The
project lacks full
funding, or one or
more federal or nonfederal match sources
are still uncertain as
to whether they will
be secured in time to
meet the project’s
construction
schedule.

Environmental
Risk Assessment
(Capital
Construction only)
Low Risk: Based on
the available
information, it is
highly likely that the
project will meet the
recommended
obligation deadline.

Moderate Risk: Based
on the available
information, there is
some possibility that the
project will not meet the
recommended obligation
deadline.

High Risk: Based on
the available
information, there is a
high likelihood that
the project will not
meet the
recommended
obligation deadline.

4.A.b
Packet Pg. 360 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 55 Appendix IV: Templates
Technical Assessment Template
Experienced Applicant
Does the applicant have experience delivering Federally funded transportation projects?
☐ Experience (Comment
Required)
☐ Limited Experience
(Comment Required)
☐ No Experience (Comment as
needed)
Did the applicant previously receive a DOT Discretionary Grant award?
☐ Yes (Comment Required)
☐ No
Does the applicant have the technical experience and resources to deliver the project?
☐ Experience (Comment
Required)
☐ Limited Experience
(Comment Required)
☐ No Experience (Comment as
needed)
Has the applicant completed projects with similar scope in the past? ☐ Yes (Comment Required) ☐ No (Comment Required)
☐ Do not know (Comment as
needed)
Is the applicant likely to be able to deliver the project based on current capacity?
☐ Yes (Comment Required)
☐ No (Comment Required)
☐ Do not know (Comment as
needed)
Is it likely that the applicant will request a recipient change upon award to facilitate implementation (for example, to the State DOT)? Is this plan reasonable and clear in the application? Does the application confirm that the intended recipient agreed to implement the project?
☐ Yes (Comment Required)
☐ No (Comment Required)
☐ Do not know (Comment as
needed)
Federal Requirements
Are there any unidentified risks to implementing the project? Has the applicant initiated procurement in a manner that may be inconsistent with Federal requirements?
☐ Yes (Comment Required)
☐ No (Comment as needed)
☐ Do not Know (Comment as
needed)
Does the applicant have experience or a plan to comply with Title VI/Civil Rights requirements, to ensure that no person is excluded from participation, denied benefits, or otherwise subjected to discrimination under any program or activity, on the basis of race, color, national origin (including limited English proficiency), sex, age, or disability.
☐ Yes (Comment Required)
☐ No (Comment as needed)
☐ Do not Know (Comment as
needed)
Does the applicant have experience or a plan to comply with design and service standards under the Americans with Disabilities Act and Department of Justice and DOT implementing regulations (49 CFR Parts 27, 37, 38, and 39).
☐ Yes (Comment Required)
☐ No (Comment as needed)
☐ Do not Know (Comment as
needed)
Is the project likely to require a Buy America waiver or request an exception to the Buy American Act?
☐ Yes (Comment Required)
☐ No (Comment as Necessary)
☐ Do not Know (Comment as
Necessary)

4.A.b
Packet Pg. 361 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 56 Does the project include right-of-way acquisition? If known, will right-of-way acquisition require relocation of either residential or commercial properties?
☐ Yes (Comment Required)
☐ No (Comment as Necessary)
☐ Do not Know (Comment as
Necessary)
Technical Assessment
Assign a Technical Assessment Rating from the choices below:
-Certain- The team is confident in the applicant’s capacity to deliver this project in a manner that satisfies Federal requirements. -Somewhat Uncertain- The team is moderately confident in the applicant’s capacity to deliver this project in a manner that satisfies Federal requirements.
-Uncertain- The team is minimally confident or not in the applicant’s capacity to deliver this project in a manner that satisfies Federal requirements.
-Unknown- the team cannot assess the applicant’s capacity to deliver the project.
☐ Certain
☐ Somewhat Certain
☐ Uncertain
☐ Unknown
Under what other USDOT funding programs would this project be eligible to receiving funding?

4.A.b
Packet Pg. 362 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 57 Financial Completeness Assessment Template

FINANCIAL COMPLETENESS
What are the non-Federal sources
funding or financing identified by the
applicant’s budget? What is the
proportion or amount? Is there risk
associated with the project’s financial
plan? Is the cost estimate reasonable?
Note the level of design, (e.g., 30%).

Is there a plan to address potential cost
overruns?
Are letters or other budgetary
documentation included to commit
funding referenced in the application?

FINANCIAL COMPLETENESS

RISK ANALYSIS
☐ Complete –The funding arrangements for the project
appear certain. It is highly likely that the project’s funding arrangements will not prevent obligation within the statutory timeframe.
☐ Partially Complete – Project funding appears uncertain, and due to funding, it is unclear if the project will be able to meet the deadline for obligation.
☐ Incomplete – The project lacks complete funding
commitments and does not present a plan for obtaining funds necessary to meet the obligation deadline. Due to funding, there are serious concerns about the ability of the project to meet statutory deadlines.

Rating Summary:

Please summarize the results of your
review: Is the project funding
Complete, Partially Complete, or
Incomplete?

4.A.b
Packet Pg. 363 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 58 Environmental Risk Assessment Template
Project Name and State
Rating Summary:

Summarize key observations from your review for the
following elements of project readiness:
• Applicant, Transportation Needs, and Proposed
Improvements
• Planning & Constructability
• Proposed Schedule
• NEPA & Permitting
• Project Support
• Risk & Mitigation
State whether the applicant clearly and completely
addressed the suggested information described in the
NOFO and note any missing or inconsistent information.

Highlight any issues that may delay timely obligation of RCP funds within the recommended program deadline
and meeting the project delivery schedule proposed by
the applicant.

Provide a justification for your risk rating below.

Rating:
☐ Low Risk (Based on the available information, it is highly likely that the project will meet the recommended obligation deadline.)
☐ Moderate Risk (Based on the available information, there is some possibility that the project will not meet the recommended obligation deadline.)
☐ High Risk (Based on the available information, there is a high likelihood that the project will not meet the recommended obligation deadline.)
NEPA Status (If not stated by the applicant, select based on your professional judgement and explain in the summary above.):
☐ NEPA Complete
☐ CE Expected
☐ EA/FONSI Expected
☐ EIS/ROD Expected
☐ Reevaluation

4.A.b
Packet Pg. 364 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 59 Benefit-Cost Analysis Review Template
Project Name and State
Project Description
Please provide a brief description of the key elements of the RCP Program project, including the scope of the project and its total estimated cost. If the RCP Program project is part of a larger project, please also note those additional elements that are not covered by the RCP Program funding request.

Applicant’s BCA Results
Please summarize the results of the project’s benefit-cost analysis as presented in the application, including the specific categories of benefits and costs claimed for the project and their estimated values, the time horizon used in the analysis covers, and whether benefits and costs are reported for separate elements of the project.

Transparency of the Analysis
Please evaluate the documentation provided in the benefit-cost analysis in terms of its clarity and reproducibility. Does the application describe the analysis (including specific procedures for estimating benefits and costs) in sufficient detail, and identify its data sources and methods sufficiently clearly, to enable the reviewer to verify or reproduce its results?
Key Assumptions
Please address the reasonableness of key assumptions used in the applicant’s benefit-cost analysis, including the following:
• How valid and credible is the baseline (or “no-build” case) used in the analysis?
• Are the underlying forecasts of facility usage based on credible analysis and assumptions?
• Do the claimed impacts of the project (such as changes in expected usage, effects on travel speeds or shipment times and delay, changes in vehicle or facility operating costs, improvements in safety outcomes, etc.) seem plausible,
and are they aligned with specific features or impacts of the project?
• Are the values of key parameters used in the analysis reasonable, noting any major departures from the
recommended unit values found in USDOT’s BCA
Guidance?
Technical Discussion
Please provide a technical discussion of the benefits and costs included in the applicant’s analysis, addressing such issues as:

4.A.b
Packet Pg. 365 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 60 • The use of incorrect methodologies for estimating
benefits, such as double-counting, representing transfers as benefits, improper accounting of mode shift impacts, or other technical errors
• Errors in discounting, inflation adjustments, interpolation between base and forecast years, or other computations
• The use of unreasonable time horizons • Mismatches between the scope of the estimated benefits and costs
Omitted or understated costs or cost components
Unquantified Benefits
Please describe any qualitative benefits claimed to result from the project in the applicant’s benefit-cost analysis, as well as any potentially quantifiable benefits associated with the project that were not included in the analysis. (i.e., travel time reliability or benefits to the existing human and natural environments such as increased connectivity, improved public health, storm water runoff mitigation, and noise reduction.)
Outside Sources
Please describe any outside sources used to better understand the project and to confirm, correct, or complete missing information in the project application that would be helpful for the BCA review.

Adjustments to Applicant’s BCA Results
Please describe any recommended adjustments to the estimated benefits and costs presented in the applicant’s BCA, based on corrections for any technical errors, applying alternative assumptions, or the consideration of unquantified benefits.

Other Comments (Optional)
Please provide information on any additional noteworthy impacts or issues related to the project, including: • Distributional effects, such as the demographic profile of expected users or benefits that might narrowly accrue to private parties
• Economic development impacts that might result from
improved access and connectivity, such as new or
expanded employment opportunities for workers in the
region
• Any additional comments on issues not covered above
Rating Summary
Please summarize the results of your review.

4.A.b
Packet Pg. 366 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 61 Benefit-Cost Rating
☐ Negative (Costs Exceed
Benefits) ☐ Positive (Benefits Exceed
Costs) ☐ Uncertain (there is not enough
information available to decide)

4.A.b
Packet Pg. 367 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 62 Appendix V: Reconnecting Communities Pilot Program Evaluation Plan Introduction
The Reconnecting Communities Pilot Program (RCP) was established in the Infrastructure Investment and Jobs Act (IIJA), also known as the Bipartisan Infrastructure Law (BIL). The RCP is funded with $1 billion over the fiscal years of 2022 to 2026. The goal of the program is to reconnect communities that were previously cut off from economic opportunities by transportation infrastructure. Funding supports planning and capital construction grants, as well as technical assistance, to restore community connectivity through the removal, retrofit, mitigation, or replacement of eligible transportation infrastructure facilities.

Purpose
The purpose of this document is to respond to various RCP program evaluation needs. These include:
• May 2023 Report to Congressional Committees by the United States Government Accountability Office (GAO)
• Required report to United States Senate Committee on Environment and Public Works and United States House of Representatives Committee on Transportation and Infrastructure (due January 1, 2026)
• Internal Department of Transportation (DOT) evaluation needs, including DOT Evaluation Plan and Annual Performance Plan
The May 2023 Report to Congressional Committees by the United States Government Accountability Office (GAO) titled Highway Infrastructure – Better Alignment with Leading Practices Would Improve DOT’s Reconnecting Communities Pilot Program (Report) provided the following recommendations to DOT on the RCP:

1. Establish performance measures for program objectives (The Secretary of Transportation should establish performance measures for the Reconnecting Communities Pilot program.

Such performance measures should indicate DOT's progress in meeting the pilot program's objectives.);

2. Assess data and evaluate pilot program results (The Secretary of Transportation should develop and implement a plan to collect and analyze data and evaluate results of the Reconnecting Communities Pilot program. Such a plan should detail the specific data to be collected, a methodology for assessing this data, and a plan for evaluating the pilot program's results with timelines for completion.); and

3. Identify a means to make scalability decisions (The Secretary of Transportation should identify a means to assess lessons learned from the Reconnecting Communities Pilot program to inform decisions on whether or how to scale or integrate the pilot with other DOT efforts.).

This evaluation plan is structured around those three recommendations, which are discussed in detail below. This document and its associated tasks are considered a “living document” and will be adjusted as needed, based on any additional needs and opportunities that arise during implementation of the program.

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Packet Pg. 368 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 63 Establish Performance Measures for Program Objectives The RCP has identified performance measures for the program, including (1) measures used by several DOT discretionary programs; and (2) measures developed specifically for the RCP.

Primary performance measures are included in grant agreements as a “menu” of measures from which grantees can select for required project reporting. These performance measures represent a menu of industry standard metrics that are mapped to RCP objectives indicated in the program’s authorizing legislation and subsequently in the FY 2022 and 2023 Notices of Funding Opportunity: mobility, access, safety, human and environmental impacts, congestion, economic development, quality of life, and community engagement. The primary measures are the following, with a mapping to one of the program objectives provided for illustration, as many measures capture aspects of multiple objectives:
• Serious injuries/fatalities by mode (safety)
• Bike and pedestrian counts/trips (mobility)
• Total annual emissions within corridor or project area (human and environmental impacts)
• Passenger counts: count of the passenger boardings and alightings at stations within the project area (access)
• Job creation: number of new jobs provided by the transportation facility (economic development)
• Value of housing or land: median assessed value of parcels in the project impact area (economic development)
• Vacancy rates of structures/parcels: median vacancy rate of parcels in the project impact area (economic development)
• Transportation mode choice/transportation cost: the percentage or number of population with access to biking, walking, and transit facilities within the project area (access) • Travel time reliability: the consistency or dependability in travel times in the project area (congestion)
In addition to these primary performance measures, the RCP has developed a list of secondary, or supplemental, performance measures that relate to RCP objectives. These measures are the following:
• Community engagement: types and amounts of community engagement related to the project that has taken place, including number of type of organizations involved in the project, number of residents/business owners engaged, number of public meetings/outreach activities, etc.
• Localized air emissions: change in emissions of transportation-related air pollutants in areas in or adjacent to the project area
• Business creation: number of new businesses in the project area • Community wealth-building: inclusion of anti-displacement and other community wealth-building strategies in local planning and/or policy documents • Land use change: change to land uses or density in the project area, new development or changes in local zoning/planning documents

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Packet Pg. 369 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 64 • Economic investment: new public or private investment in the project area, in addition to RCP funding
• Mobility changes: number or percentage of population using non-automobile travel modes
• Flood risk reduction: amount of land protected from flooding and other climate-related risks
Assess Data and Evaluate Pilot Program Results
The RCP plans to use a variety of methods to collect and analyze data and evaluate pilot program results. This will include collection of baseline data, Capital grant recipient reporting, supplemental collection of data from Grant recipients and external sources, and analysis of quantitative and qualitative data.

Collection of Baseline Data
The RCP is using a phased approach to this evaluation. The first phase will focus on FY 2022 Capital grantees. Future phases will be determined based on evaluation needs and resources available for data collection and analysis. Future data collection and analysis may include FY 2022 planning grantees, a subset of FY 2023 Capital and/or planning grantees, or a combination of those cohorts.

In Phase 1 of the evaluation, the RCP is collecting data on baseline conditions for the six FY 2022 Capital grant recipients. The tasks associated with this data collection are outlined in the Reconnecting Communities and Neighborhoods Program Evaluation Workplan (Phase 1). The data collection consists of preliminary research using publicly available information, grant applications and associated environmental and planning documents, stakeholder interviews, and performance measure data collection.

In this initial phase of the evaluation, the RCP will seek to collect baseline data on five performance measures, chosen from the identified primary and secondary performance measures, and selected for each project based on the goals and envisioned outcomes of the project. The decision to select project-specific performance measures is based on the fact that RCP funding will support a variety of project types (highway caps, complete streets improvements, etc.) and therefore different sets of performance measures will have higher relevance to different project types. This is also consistent with the requirement for grantees to select two performance measures from the list of primary performance measures, discussed in greater detail below. The data sources that the RCP will use to collect performance measure data include those suggested for use by grant recipients in grant agreement guidance, as well as additional sources that could provide data for the secondary performance measures. Data sources for the primary performance measures include:
• Safety: National Highway Traffic Safety Administration’s Fatality Analysis Reporting System (FARS) or recipient transportation agency data on injuries and fatalities in the project area using the KABCO scale.
• Bike and pedestrian counts/trips: National Bicycle and Pedestrian Documentation Project methodology or other documented approach.

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Packet Pg. 370 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 65 • Total annual emissions within corridor or project area: Environmental Protection Agency’s Motor Vehicle Emission Simulator (MOVES); transportation agency vehicle miles traveled (VMT) data; Highway Performance Monitoring System (HPMS) data; Federal Highway Administration Energy and Emissions Reduction Policy Analysis Tool (EERPAT).
• Passenger counts: transportation agency data for the subject facility. • Job creation: economic impact analysis tools and models, including REMI Economic Policy Model; Transportation Economic Development Impact System (TREDIS); Bureau of Economic Analysis Input-Output Tables.
• Value of housing or land: local or state agency data; Census/American Community Survey data; commercially available real estate data.
• Vacancy rates of structures/parcels: local or state agency data; Census/American Community Survey data.
• Transportation mode choice/transportation cost: transportation agency transportation modeling data.
• Travel time reliability: transportation agency transportation modeling data; National Performance Management Research Data Set (NPMRDS).

Data sources for secondary performance measures may include the following:
• Community engagement: data from grantees and other local agencies and stakeholders in the project community.
• Localized air emissions: data from community-based air quality sensors and community air monitoring systems, where available.
• Business creation: local agency economic development data. • Community wealth-building: local and regional planning and policy documents. • Land use change: ESRI Land Cover; OpenStreetMap Land Use Data. • Economic investment: local agency economic development data. • Mobility changes: transportation agency data (passenger counts; pedestrian counts); GPS trace data; Environmental Protection Agency Access to Jobs and Workers Via Transit Tool; Environmental Protection Agency National Walkability Index. • Flood risk reduction: FEMA Floodplain Maps
Data sources that may be used to inform various performance measures include the following:
• USDOT Equitable Transportation Community (ETC) Explorer: an interactive web application that uses 2020 Census tracts and data to explore the cumulative burden that communities experience as a result of underinvestment in transportation, in the following five components: transportation insecurity, climate and disaster risk burden, environmental burden, health vulnerability, and social vulnerability.

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Packet Pg. 371 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 66 • Climate and Economic Justice Screening Tool: an interactive map and datasets that are indicators of burden in eight categories: climate change, energy, health, housing, legacy pollution, transportation, water and wastewater, and workforce development. • EJScreen Environmental Justice Screening and Mapping Tool: Environmental Protection Agency tool that provides a nationally consistent dataset and approach for combining environmental and demographic socioeconomic indicators. • Centers for Disease Control/Agency for Toxic Substances and Disease Registry Social Vulnerability Index: a tool that uses 16 Census data variables to help identify communities with social vulnerability.
• National Roadway Safety Strategy data and visualizations.

In addition to the RCP-led baseline data collection, all Capital grant recipients are required to submit a Baseline Information Report, including data for selected performance measures, prior to commencement of construction activities, as detailed in project grant agreements. In developing grant agreements with Capital grant recipients, DOT encourages grant recipients to select multiple performance measures from the menu of primary performance measures. Recipients are required to select two measures to be included in their grant agreements and to report on those measures in the Baseline Information Report and in annual Performance Outcomes Reports.

Grant agreements will establish information that grantees must include in the Baseline Information Report, including information on their chosen performance measures. Measures included in the report will establish current performance levels prior to the project’s initiation and should be based on the most recent data sources available. Grantees will also include target estimates for selected performance measures, based on anticipated project improvements. Other required elements include:
• Dates when data were collected;
• Data sources, assumptions, variability, and estimated levels of precision; • Any anticipated challenges with data quality and timeliness; and • Any anticipated influencing factors that may impact the project’s performance outcomes.

Data sources and methods for any additional data collection will follow the sources and methods described below.

Grant Recipient Reporting
As stated above, in developing grant agreements with Capital grant recipients, DOT encourages grant recipients to select multiple performance measures from the menu of primary performance measures. Recipients are required to select two measures to be included in their grant agreements and to report on those measures in annual Performance Outcomes Reports. DOT’s Grant Agreement Guidance states that the selected performance measures should be meaningfully aligned with the goals and envisioned outcomes of the awarded project.

Performance Outcomes Reports must be prepared by Grant recipients annually, starting the first full year after substantial project completion or the open to traffic date, and ending five years

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Packet Pg. 372 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 67 after completion of construction or the open to traffic date. Performance measurement guidance states that the most recent available data for the specific measure(s) and data source(s) should be used and documented. As with the Baseline Information Report, Performance Outcomes Reports will include:
• Data sources;
• Established baseline data for selected performance measures; • Target estimates for selected measures (based on anticipated project improvements; • Actual data for the respective reporting year;
• Any challenges with data quality and timeliness for the respective reporting year; and • Any influencing factors that impacted the project’s performance outcomes for the respective reporting year.

In addition, grantees must include any qualitative project benefits or outcomes, including testimonials or positive citizen/leadership feedback, in the Performance Outcomes Reports.

The Final Performance Outcomes Report must be prepared five years after substantial project completion or the “open to traffic” date. This final report will include five years of performance measurement data. It will also include:
• A high-level description of the project’s success and benefits; • An assessment of whether the project achieved the target estimates for selected performance measures and why or why not;
• Any influencing factors that impacted the project’s overall performance outcomes; and • Any qualitative project benefits or outcomes (testimonials, positive citizen/leadership feedback, etc.).

As previously discussed, suggested data sources are provided to Grant recipients in their grant agreements.

Supplemental Collection of Data from Grant Recipients and External Sources Though future phases of RCP-led data collection and analysis have not yet been confirmed, the RCP may choose to undertake additional data collection from grant recipients and external sources in parallel with the required annual reporting from grantees. This RCP data collection would occur annually for each of the awarded Capital projects, starting the first full year after substantial project completion or the open to traffic date, and ending five years after completion of construction or the open to traffic date, to match the respective time series of data provided by each grant recipient. The goal of this potential data collection would be to collect additional data on performance measures outside of the two measures chosen by the grantee.

Quantitative and Qualitative Analysis
The RCP plans to use a case study model for analysis of quantitative and qualitative data for the FY 2022 Capital grant-awarded projects, and for future phases of program evaluation. Using

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Packet Pg. 373 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 68 staff and/or contractor support, the RCP will prepare case studies that will include quantitative performance measure data and qualitative descriptions. For Phase 1, these case studies will focus on the goals, baseline conditions, and pre-construction outcomes of the initial cohort of Capital grantees. Future phases of the evaluation will include comparisons of baseline conditions and future/post-construction conditions.

In these later-phase comparisons, the RCP will consider the performance measures chosen by the grantees in their grant agreements, and the additional measures identified by the RCP based on project goals (current goal to identify five total performance measures per funded project). For each relevant performance measure, quantitative data will be compared with baseline data to determine changes in measures that may be attributable to the RCP-funded project. To assist in these comparisons, the RCP will consider using similar communities that did not receive RCP funding as a matched control group. Depending upon the performance measure, an increase or decrease in quantitative measures would indicate project success. For example, an increase in bike and pedestrian trips in the project area might indicate success, while a decrease in transportation-related air quality emissions would indicate success.

Interviews with project stakeholders and reviews of local planning and policy documents will also provide qualitative data on objectives such as quality of life and community engagement that will be included in case studies. Interview subjects may include:
• Project sponsors;
• Local transportation and land use planning agency staff and leadership • Local housing and economic development agency staff and leadership; • Local elected officials;
• Representatives of community-based organizations associated with the project area; and • Local residents and business owners.

Identify a Means to Make Scalability Decisions
The RCP has identified a means to make scalability decisions, by identifying criteria to assess lessons learned and inform decisions on whether and how the scale the program. The Department has stated that reconnecting communities is not just a program but a principle. Scalability decisions will consider how this principle can be supported through both potential additional funding for the RCP, and support of projects that reconnect communities through other discretionary grant programs and formula funding.

Process Improvements
Having completed two rounds of outreach, application review, and grant awards, the RCP has acquired lessons learned from a variety of sources. These include:
• Feedback from grant recipients on the application and grant award process; • Feedback from RCP applicants through debriefs with unsuccessful program applicants;

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Packet Pg. 374 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 69 • Feedback from DOT and other federal agency staff who participated in FY 2022 merit review process; and
• Feedback from professional and membership organizations in the fields of transportation and urban planning.

The RCP will continue to seek opportunities to collect feedback from all interest groups to improve the outreach, application review, and grant award process for future funding rounds.

Progress of Grant-Funded Projects
RCP is also tracking the status of progress on grant-awarded projects to determine whether funded projects are advancing to construction in a timely manner. During the post-award phase, the RCP tracks the progress of grant applications to address any delays in advancing to obligation and to determine if additional outreach or resources are needed to complete grant agreements. After grant agreement completion and obligation, the RCP receives quarterly progress reports consistent with the grant rules to track progress in plan or construction completion. This oversight and reporting will determine if the program is achieving its goals and envisioned outcomes in a timely manner.

Ultimate Project Outcomes
The Final Performance Outcomes reports required of Capital grant recipients, and any additional data collection and analysis of performance measures conducted by the RCP, will also inform lessons learned, as they will identify projects’ successes and benefits, determinations of whether projects achieved target estimates for selected performance measures, influencing factors that impacted projects’ performance outcomes, and qualitative project benefits or outcomes.

Scalability Decisions
Scalability decisions will also be informed by applicant interest. In the first round of grants (FY 2022), the RCP received 435 applications, requesting $1.25 billion in funding. The RCP awarded 45 grants (6 Capital and 39 Planning), totaling $185 million in funding. The RCP will continue to assess the amount of applicant interest, compared to funding available, for future rounds to inform scalability decisions.

Finally, scalability decisions will be informed by the determination of whether the RCP is benefiting disadvantaged communities. The Administration’s Justice40 Initiative has set a goal that 40% of the overall benefits of certain Federal investments flow to disadvantaged communities. In the first round of RCP funding, 100% of Capital grant funding was awarded to disadvantaged communities. The RCP will continue to emphasize providing funding to disadvantaged communities in future funding rounds and will assess whether that funding results in the benefits sought by Grant recipients and by the Administration.

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Packet Pg. 375 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 70 Reconnecting Communities and Neighborhoods Program Evaluation Workplan (Phase 1) For each of the six (6) FY 2022 RCP capital construction grants, perform the following tasks:

Task 1 – Preliminary Research
Subtask 1.1 – Review application materials and grant agreement (draft or final).

Subtask 1.2 – Conduct an internet search to identify and describe the following:
- Media/press coverage of grant award, project, and related topics - Past, present, and future related planning and development activities in project area - Recent or planned public/private investment related to project - Existence/status of community wealth-building and anti-displacement strategies in place or planned in the project area and/or surrounding community - Amount/type of community engagement related to the funded project, e.g. number and type of organizations involved in project, number of residents/business owners engaged, statistics on prior meetings/outreach activities, etc.
*Note: additional information on these topics may be collected during Subtask 2.2 below.

Task 2 – Stakeholder Interviews
Subtask 2.1 – Using application materials and information collected in Task 1, identify relevant stakeholders.

Subtask 2.2 – Using interview questions provided by the RCN, schedule and conduct at least five interviews. Interviewees should include:
- FHWA Division grant manager
- Staff/leadership of primary grant recipient organization - Staff/leadership of two partner organizations (named in application or otherwise) - Other community stakeholder(s) (resident, business owner, etc.) Task 3 – Baseline Data Collection
Subtask 3.1 – Based on interviews and preliminary research, and in consultation with RCN program staff, identify at least five performance measures (selected from Appendix G and Supplemental Measures) that are most relevant to project goals. If the grantee has an executed grant agreement, include the two measures chosen by the grantee as two of these five measures.

Subtask 3.2 – Using nationally available data and local sources, collect baseline data on selected performance measures.
- Baseline data is defined as data from a time period immediately prior to the announcement of an RCP grant award. Availability and time series of data will differ between performance measures and will be determined in coordination with RCN staff and if applicable, representatives of the grant recipient organization. - Suggested data sources for Appendix G performance measures are included in that document.
- RCN has and will continue to identify additional suggested data sources for Appendix G and Supplemental performance measures.

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Packet Pg. 376 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) 71 Task 4 – Prepare Written Case Study
Subtask 4.1 – Using information collected in Tasks 1-3, prepare written case study. - Highlight near-term outcomes of RCP investment in community Optional Task 5 – Create StoryMap
Subtask 5.1 – Use written case study and images available in application materials and through other sources to create a StoryMap.

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Packet Pg. 377 Attachment: Reconnecting Communities Notice of Funding Opportunity (7602 : Reconnecting Pico Grant Award) City Council Meeting April 23, 2024 Santa Monica, California RESOLUTION NUMBER 11582 (CCS)
(City Council Series)

A RESOLUTION OF THE COUNCIL OF THE CITY OF SANTA MONICA

AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT APPLICATIONS

FOR GRANTS AND OTHER INCENTIVES FOR COLLABORATION ON OR

PARTICIPATION IN SUSTAINABILITY PROGRAMS
WHEREAS, the City Council is committed to supporting a sustainable, clean, and safe environment and has adopted a Sustainable City Plan and Climate Action & Adaptation Plan with goals to address climate protection and energy and resource sustainability, resiliency, and adaptation; and
WHEREAS, the City Council desires to streamline participation of City Departments in incentive and other sustainability programs that support projects or objectives identified in the City’s Climate Action & Adaptation Plan.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council authorizes the City Manager, or designee, to submit applications for grants and other incentive programs related to sustainability, resiliency, climate protection, sustainable transportation, energy conservation, solid waste reduction, reuse, recycling, building electrification, or water self-sufficiency provided, sponsored, or authorized by a federal, state, or local government agency, public utility, or private or non-profit entity. The City's cost of participation in or partnership on the program, if any, must be within the available budgeted appropriations of the participating City Department or City Departments.

DocuSign Envelope ID: 3992D8DB-6590-4794-8B9A-9F2033528EE1

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Packet Pg. 378 Attachment: Resolution No. 11582 (CCS) (7602 : Reconnecting Pico Grant Award) SECTION 2. The City Council appoints the City Manager, or designee, as the City’s agent to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for acceptance and administration of the grant or incentive program.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:
_________________________
Douglas Sloan, City Attorney
DocuSign Envelope ID: 3992D8DB-6590-4794-8B9A-9F2033528EE1

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Packet Pg. 379 Attachment: Resolution No. 11582 (CCS) (7602 : Reconnecting Pico Grant Award) Adopted and approved this 23rd day of April, 2024.
__________________________
Phil Brock, Mayor
I, Nikima S. Newsome, Interim City Clerk of the City of Santa Monica, do hereby certify that Resolution No. 11582 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 23
rd day of April, 2024, by the following vote:

AYES: Councilmembers Torosis, Parra, Zwick
Mayor Pro Tem Negrete, Mayor Brock
NOES: None
ABSENT: Councilmembers Davis, de la Torre
ATTEST:
_____________________________________
Nikima S. Newsome, Interim City Clerk
DocuSign Envelope ID: 3992D8DB-6590-4794-8B9A-9F2033528EE1

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Packet Pg. 380 Attachment: Resolution No. 11582 (CCS) (7602 : Reconnecting Pico Grant Award) TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2025-11-04
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U.S. DEPARTMENT OF TRANSPORTATION

GRANT AGREEMENT UNDER THE
FISCAL YEAR 2024 RECONNECTING COMMUNITIES PILOT (RCP) PROGRAM This agreement is between the United States Department of Transportation (the “USDOT”) and the California Department of Transportation (the “Recipient”).

This agreement reflects the selection of the Recipient to receive an RCP Grant for the Reconnecting Pico Neighborhood Project (Reconnecting Pico).

If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient’s assistance and oversight.

The parties therefore agree to the following:

ARTICLE 1
GENERAL TERMS AND CONDITIONS.

1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Years 2024-2026 Reconnecting Communities Pilot (RCP) Program: FHWA Projects,” dated November 4, 2025, which is available on the RCP website. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions. (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, terminating of the RCP Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the RCP Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.

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Packet Pg. 381 Attachment: RCP FY24_CA_ Santa Monica Reconnecting Pico_Grant Agreement_Draft_030226_CoSM (7602 : Reconnecting Pico Grant Award) TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2025-11-04
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ARTICLE 2
SPECIAL TERMS AND CONDITIONS.

2.1 [Special Term Title].

Pursuant to the court’s preliminary injunction order in King County v. Turner, 2:25-cv-814-BJR (W.D. Wash.), ECF No. 169 (June 3, 2025), DOT will not be imposing or enforcing the challenged conditions,* or any materially similar terms and conditions, to any grant funds awarded, directly or indirectly, to DOT Plaintiffs and subrecipients, or otherwise rescinding, withholding, cancelling, not processing, pausing, freezing, impeding, blocking, cancelling, terminating, delaying, or conditioning DOT funds based on such conditions to the DOT Plaintiffs or their subrecipients while subject to an injunction. Further, DOT will not require DOT Plaintiffs or their subrecipients to make any certification or other representation related to compliance with such terms and conditions nor will DOT refuse to issue, process, or sign grant agreements based on DOT Plaintiffs’ participation in this litigation. Should DOT prevail in the District Court or on appeal, then DOT will require that recipients agree to the original terms and conditions if they wish to continue with the grant in place. Further, pursuant to the ruling in State of California v. Duffy, 1:25-cv-00208-JJM-PAS (D.R.I.), DOT grant agreements have been modified to remove terms and conditions pertaining to cooperation with federal immigration enforcement.
*The challenged conditions are:

1. “Pursuant to section (3)(b)(iv)(A), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, the Recipient agrees that its compliance in all respects with all applicable Federal anti-discrimination laws is material to the government’s payment decisions for purposes of [the False Claims Act, 31 U.S.C. § 3729(b)(4)]”;

2. “Pursuant to section (3)(b)(iv)(B), Executive Order 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, by entering into this Agreement, Recipient certifies that it does not operate any programs promoting diversity, equity, and inclusion (DEI) initiatives that violate any applicable Federal anti-discrimination laws”;

3. “[T]he Recipient will cooperate with Federal officials in the enforcement of Federal law, including cooperating with and not impeding U.S. Immigration and Customs Enforcement (ICE) and other Federal offices and components of the Department of Homeland Security in the enforcement of Federal immigration law”; and

4. A requirement that recipient comply with “executive orders.”

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Packet Pg. 382 Attachment: RCP FY24_CA_ Santa Monica Reconnecting Pico_Grant Agreement_Draft_030226_CoSM (7602 : Reconnecting Pico Grant Award) TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2025-11-04
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SCHEDULE A

ADMINISTRATIVE INFORMATION

1. Application.

Application Title: The Reconnecting Pico Neighborhood Project (Reconnecting Pico) Application Date: September 30, 2024

2. Recipient’s Unique Entity Identifier.

See section 24.3 of the General Terms and Conditions; also see FMIS.

3. Recipient Contact(s).

Steve Novotny, P.E.

District Local Assistance Engineer
California Department of Transportation (Caltrans; District 7) 100 S. Main Street; 12th Floor
Los Angeles, CA 90012
(213) 792-3130
[email protected]

4. Recipient Key Personnel.

Anmol Mishra
RCP Grant Program Coordinator
California Department of Transportation (Caltrans)
1120 N Street
Sacramento, CA 95814
(279) 599-4996
[email protected]
Discretionary Grants Coordinator
Federal Infrastructure Programs Branch
Division of Local Assistance
P.O. Box 942874, MS-1
Sacramento, CA 942874-0001
[email protected]

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Packet Pg. 383 Attachment: RCP FY24_CA_ Santa Monica Reconnecting Pico_Grant Agreement_Draft_030226_CoSM (7602 : Reconnecting Pico Grant Award) TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2025-11-04
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5. USDOT Project Contact(s).

Doug Hecox
Acting Division Administrator
FHWA California Division
Agreement Officer Representative (AOR)
650 Capitol Mall,
Ste. 4-100
Sacramento, CA 95814
[email protected]
and
Kenneth N. Petty II
Director, Office of Planning
Federal Highway Administration
Office of Planning, Environment, and Realty
1200 New Jersey Avenue SE, Room W51-302
Washington, DC 20590
[email protected]

6. Payment System.

USDOT Payment System: FMIS

7. Office for Subaward and Contract Authorization.

USDOT Office for Subaward and Contract Authorization: FHWA Division

8. Federal Award Identification Number.

See section 24.2 of the General Terms and Conditions.

9. Designated Subrecipient.

Designated Subrecipient: City of Santa Monica, California Designated Subrecipient Project Contacts:

Tony Lopez
Senior Park Planner
City of Santa Monica
1485 Main Street, Mail Stop 15
Santa Monica CA 90401
(310) 452-2201 x.5081 (310) 625-4922 c

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Packet Pg. 384 Attachment: RCP FY24_CA_ Santa Monica Reconnecting Pico_Grant Agreement_Draft_030226_CoSM (7602 : Reconnecting Pico Grant Award) TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2025-11-04
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Christopher Dishlip
Assistant Director of Public Works
City of Santa Monica
1485 Main Street, Mail Stop 15
Santa Monica CA 90401
(310) 458-2201 x.5989
Amelia Feichtner
City Architect
City of Santa Monica
1485 Main Street, Mail Stop 15
Santa Monica CA 90401
(310) 434-2611
Alex Nazarchuk
City Engineer
City of Santa Monica
1485 Main Street, Mail Stop 15
Santa Monica CA 90401
(310) 458-8736
Robert Zak
Senior Civil Engineer
City of Santa Monica
1485 Main Street, Mail Stop 15
Santa Monica CA 90401
(310) 458-2201 x.2283

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Packet Pg. 385 Attachment: RCP FY24_CA_ Santa Monica Reconnecting Pico_Grant Agreement_Draft_030226_CoSM (7602 : Reconnecting Pico Grant Award) TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2025-11-04
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SCHEDULE B

PROJECT ACTIVITIES

1. General Project Description.

The Reconnecting Pico Neighborhood Project (Reconnecting Pico) is committed to enhancing community-centered transportation, improving access to economic opportunity, education, health, and the creation of green spaces, while simultaneously alleviating environmental burdens for the residents of the Pico Neighborhood. To achieve this, staff will conduct a thorough investigation into the feasibility, optimal placement, and phasing of cap parks along the I-10 freeway segment from 11th to 20th Streets as well as bike and pedestrian improvements to the area.

2. Statement of Work.

Reconnecting Pico is divided into four phases: Phase 1 focuses on the 14-17th Street section and builds upon the previously uncompleted and unpublished feasibility draft from 2014. Phase 2 extends the study to the 11-14th Street section, Phase 3 examines the 17-20th Street section, and Phase 4 involves evaluating each feasibility study to create a final Project Plan. This plan will prioritize cap park locations in alignment with available funding sources and an implementation timeline. The project envisions the development of a pedestrian-friendly environment featuring improved sidewalks, dedicated bikeways, and potential integration with public transit systems, ensuring accessibility for individuals of all abilities. Each phase will provide valuable insights into feasibility, costs, and impacts, helping to identify priority areas for development.

Proposed Planning Improvements:

1. Existing Conditions Analysis/Site Research:

1.1 Review background information, obtain long-range plans, and update existing preliminary studies such as land surveys, geotechnical reports, and traffic pattern studies.

1.2 Establish baseline data on the freeway’s impacts on the environment, public health, economy, and community.

1.3 Evaluate right-of-way impacts and investigate air-rights issues and opportunities.

2. Community Outreach/Public Engagement:

2.1 Compile a list of all potential local stakeholders to be used throughout the entirety of this project.

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Packet Pg. 386 Attachment: RCP FY24_CA_ Santa Monica Reconnecting Pico_Grant Agreement_Draft_030226_CoSM (7602 : Reconnecting Pico Grant Award) TEMPLATE; NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION Revised 2025-11-04
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2.2 Conduct public outreach to establish a community vision for future green space and surrounding areas.

2.3 Engage a broad cross-section of the community through various outreach methods and events.

2.4 Prepare project guiding principles, design and phasing concepts, cost-benefit analysis, and funding scenarios to determine a preferred alternative based on feedback and outcomes of the community/public engagement.

3. Develop Concepts, Conduct Constructability Review:

3.1-3.6 Determine Preferred Alternative, Evaluate Funding Sources, and Prepare Final Feasibility Study Document with all necessary components including executive summary, project history, existing conditions, project description, construction phasing options, cost estimates, and funding strategies.

4. Pre-Development Activities:

4.1 Prepare conceptual engineering plans and studies to support environmental review for a construction project.

4.2 Coordinate closely with CalTrans regarding project scope approvals, encroachment permits, airspace leases, and other project acceptance requirements.

5. Final Report:

5.1 Prepare Final Report for feasibility cap feasibility and site recommendation

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SCHEDULE C

AWARD DATES AND PROJECT SCHEDULE

1. Award Dates.

Budget Period End Date: 01/31/2030
Period of Performance End Date: See section 4.5 of the General Terms and Conditions; also see FMIS.

2. Estimated Project Schedule.

Milestone Schedule Date
Planned Project Completion Date: 07/31/2029

3. Special Milestone Deadlines.

None.

4. Mandatory Prerequisite Dates.

Milestone Date
Added to Unified Planning Work Program (UPWP) Not required.

Added to Statewide Planning Work Program Not required.

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SCHEDULE D

AWARD AND PROJECT FINANCIAL INFORMATION

1. Award Amount.

Funding Fiscal Year: FY2024
RCP Grant Amount: $2,000,000

2. Federal Obligation Information.

Federal Obligation Type: Single

3. Approved Project Budget.

Eligible Project Costs
Total
RCP Funds: $2,000,000
RCP Funds (2): $0
Other Federal Funds: $0
Non-Federal Funds: $505,712
Total: $2,505,712

4. Approved Pre-award Costs
None. The USDOT has not approved under this award any pre-award costs under 2 CFR 200.458. Because unapproved costs incurred before the date of this agreement are not allowable costs under this award, the USDOT will neither reimburse those costs under this award nor consider them as a non-Federal cost sharing contribution to this award.

Costs incurred before the date of this agreement are allowable costs under this award only if approved in writing by USDOT before being included in the Project costs and documented in this section 5. See section 13.3(b) of the General Terms and Conditions.

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SCHEDULE E

CHANGES FROM APPLICATION
Scope:

No changes.

Schedule:

The original project schedule reflected in the supplementary SF-424 budget document submitted with the application would have extended 24 months from January 1, 2025 to December 31, 2026. Given delays in the award confirmation, processing, and in anticipation of other possible delays, the new period of performance is estimated for 40 months, from Spring 2026 to July 31, 2029. FHWA notified the City of Santa Monica on October 15, 2025 that the City was cleared to work with the FHWA CA Division Office on the grant agreement. The revised project schedule reflects time required to coordinate the grant agreement and the anticipated timeline necessary to execute the agreement.

Budget:

Overall, the City will slightly increase its non-Federal share. It will increase cash match and decrease local in-kind match components of the non-Federal share. The City’s application noted a $357,000 local in-kind match for staff time for project administration and committed to providing a $143,000 cash match contribution. The City, in evaluation of recent project precedent, will revise that breakdown to instead provide $190,240 local in-kind match for staff time for project administration and increase to a $315,472 its cash match contribution.

The table below provides a summary comparison of the Project budget.

Fund Source
Application Schedule D
$ % $ %
Previously Incurred Costs
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
RCP Funds 2,000,000 80% $2,000,000 80%
Other Federal Funds
Non-Federal Funds 500,000 20% $505,712 20%
Total Future Eligible Project
Costs
Total Project Costs 2,500,000 100% $2,505,712 100%
Other: No other changes

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SCHEDULE F

RCP PROGRAM DESIGNATIONS

1. Capital Construction or Planning Designation.

Capital-Planning- Designation: Planning

2. Economically Disadvantaged Community Designation.

Economically Disadvantaged Community Designation: Yes

3. Funding Source.

Funding Source: General Fund

4. Security Risk Designation.

Security Risk Designation: Low

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SCHEDULE G

RCP PERFORMANCE MEASUREMENT INFORMATION
Reserved.

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SCHEDULE H

LABOR AND WORK

1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table are accurate:

X
The Recipient or a project partner promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below.)
The Recipient or a project partner will invest in high-quality workforce training programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below.) The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees, preferences, and policies in the supporting narrative below.)
The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.) The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below.)
The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)
The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Identify the relevant actions from schedule B in the supporting narrative below.)

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The Recipient has not taken actions related to the Project to improving goodpaying jobs and strong labor standards and will not take those actions under this award.

2. Supporting Narrative.

The City is deeply committed to fostering local inclusive economic development and entrepreneurship. The project will actively seek out collaboration with DBEs, ensuring that they have a meaningful role in the planning process. As part of the planning process, the project will study the opportunities to establish workforce development and apprenticeship requirements that could be built into the future capital construction phase of the project, promoting robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union, and estimate the economic impacts those labor considerations would have on the community.

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RECIPIENT SIGNATURE PAGE
The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

California Department of Transportation
Date
By:

Signature of Recipient’s Authorized Representative
Dee Lam
Name
Division Chief, Division of Local Assistance
Title

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DESIGNATED SUBRECIPIENT SIGNATURE PAGE
The Designated Subrecipient, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

City of Santa Monica
Date
By:

Signature of Designated Subrecipient’s Authorized
Representative
Oliver Chi
Name
City Manager
Title

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USDOT SIGNATURE PAGE
The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that party’s signature.

UNITED STATES DEPARTMENT OF

TRANSPORTATION
Date
By:

Signature of USDOT’s Authorized Representative
Doug Hecox
Name
FHWA California Division Administrator, Acting
Title

4.A.d
Packet Pg. 397 Attachment: RCP FY24_CA_ Santa Monica Reconnecting Pico_Grant Agreement_Draft_030226_CoSM (7602 : Reconnecting Pico Grant Award) 1 City Council Meeting: June 9, 2026 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL

OF THE CITY OF SANTA MONICA TO AUTHORIZE THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT AWARDED IN THE AMOUNT OF $2,000,000 FROM THE OFFICE OF THE SECRETARY OF TRANSPORATION, U.S. DEPARTMENT

OF TRANSPORTATION RECONNECTING COMMUNITIES PILOT PROGRAM FOR THE

SANTA MONICA RECONNECTING PICO NEIGHBORHOOD PROJECT, AND TO

NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS TO ACCEPT THE

GRANT AND ALL GRANT RENEWALS
WHEREAS, the City of Santa Monica (City) continues to advance access to local and regional open space, which will help achieve the City’s priorities outlined in the 2025 Parks and Recreation Vision Plan to; and
WHEREAS, the U.S. Department of Transportation (DOT) Reconnecting Communities (Grant Program) is a competitive grant program that provides funding for the study of removing, retrofitting, or mitigating existing transportation infrastructure to restore community connectivity through planning and public engagement; and WHEREAS, on September 30, 2024, City staff submitted an application for the Santa Monica Reconnecting Pico Neighborhood Project to enhance community-centered transportation, improve access to economic opportunity, education, health, and green spaces through studying the feasibility of capping the I-10 Freeway from 11th Street to 20th Street with a park, and the application was prepared based on priorities of the City Council’s adopted plans and programs; and

4.A.e
Packet Pg. 398 Attachment: Reconnecting Pico Grant Acceptance Resolution (7602 : Reconnecting Pico Grant Award) 2 WHEREAS, on October 15, 2025, the City was awarded $2,000,000 in Grant Program funds, with the commencement of the project contingent on the City Council adopting a resolution authorizing acceptance o f the Grant Program funds as required by DOT.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. The City Council of the City of Santa Monica accepts the Grant Program funds in the amount of $2,000,000 for the Santa Monica Reconnecting Pico Neighborhood Project.

SECTION 2. The City Council authorizes the City Manager, or designee, to negotiate and execute all agreements, amendments, and renewals thereto pertaining to the Grant Program Funds.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

Heidi von Tongeln
City Attorney

4.A.e
Packet Pg. 399 Attachment: Reconnecting Pico Grant Acceptance Resolution (7602 : Reconnecting Pico Grant Award) 1 David Yakobson
From: Jacob Wasserman <[email protected]>
Sent: Saturday, June 6, 2026 7:11 AM
To: Lana Negrete; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick
Cc: councilmtgitems; Council Mailbox
Subject: In Support: Item 4.A

EXTERNAL
As a resident of Santa Monica and both a driver and pedestrian, writing for myself only, I support Item 4.A to study ways to reconnect communities across the 10 that has bisected and displaced them. I hope it leads to funded projects and that these efforts can withstand federal efforts to roll back the Reconnecting Communities program.

Jacob Wasserman
90403
Item 4-A
June 9, 2026
Item 4-A
June 9, 2026

4.A.f
Packet Pg. 400 Attachment: Written Comments (7602 : Reconnecting Pico Grant Award) 1 David Yakobson
From: Jacob Wasserman <[email protected]>
Sent: Saturday, June 6, 2026 7:11 AM
To: Lana Negrete; Caroline Torosis; Dan Hall; Ellis Raskin; Barry Snell; Natalya Zernitskaya; Jesse Zwick
Cc: councilmtgitems; Council Mailbox
Subject: In Support: Item 4.A

EXTERNAL
As a resident of Santa Monica and both a driver and pedestrian, writing for myself only, I support Item 4.A to study ways to reconnect communities across the 10 that has bisected and displaced them. I hope it leads to funded projects and that these efforts can withstand federal efforts to roll back the Reconnecting Communities program.

Jacob Wasserman
90403
Item 4-A
June 9, 2026
Item 4-A
June 9, 2026

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Packet Pg. 401 Attachment: PowerPoint Presentation (7602 : Reconnecting Pico Grant Award) City Council
Report
City Council Meeting: June 9, 2026
Agenda Item: 4.B
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To: Mayor and City Council
From: Denise Anderson Warren, Interim City Clerk, Records and Election Services Department
Subject: Adoption of Resolutions Calling the General Municipal Election to be held on November 3, 2026 and Requesting that the Municipal Election Be Consolidated with the Los Angeles County Statewide General Election Recommended Action
Staff recommends that City Council adopt:

1. A finding that the recommended actions herein do not constitute a project subject to the California Environmental Quality Act (CEQA);

2. A resolution calling for a General Municipal Election to be held on November 3, 2026; and

3. A resolution requesting that the Municipal Election be consolidated with the Los Angeles (LA) County Statewide General Election and request services from the LA County Registrar-Recorder for the General Municipal Election.

Executive Summary
Santa Monica’s next General Municipal Election will be held on November 3, 2026. In preparation for this election, staff asks Council to adopt two resolutions. The first resolution calls for the election to be held, and the second authorizes and requests that the election be consolidated with the LA County General Election and requests County election services.

Discussion
Section 1400 of the City Charter provides that General Municipal Elections for the filling of elective offices shall be held on the first Tuesday following the first Monday of November of each even numbered year. The City of Santa Monica has been consolidating municipal elections and obtaining services from the LA County Registrar4.B Packet Pg. 402
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Recorder/County Clerk since the mid 1980’s. As a result, it is necessary to adopt resolutions calling the election and requesting consolidation with the Statewide General election and election services from the LA County Registrar-Recorder/County Clerk.

The first resolution (Attachment A) calls for the General Election and gives notice that three City Council seats, three Rent Control Board seats, four Santa Monica-Malibu School District Board of Education seats, and four Santa Monica Community College District Board of Trustees seats for full term are to be filled at the November 3, 2026, General Municipal Election. For the Santa Monica Community College District Board of Trustees, there is one seat with the partial term, the seat was vacated by the election of former Member Barry Snell to the City Council. As provided for in Section 903 of the Board of Education (Article IX, Santa Monica City Charter), the Board appointed Member Dr. Luis Barrera Castanon to the vacancy with a term ending on November 3, 2026. As the appointee, Member Castanon was to hold the office until the next regular election and until a successor is elected.

At this time, the Rent Control Board is considering placing one a measure on the ballot and will submit to Council at a later meeting. If City staff propose measures for the ballot, they will also return at a later meeting.

At the time this report was written, no initiatives have qualified to be placed on the ballot. However, the Santa Monica-Malibu Unified School District Parcel Tax initiative was filed with the Santa Monica City Clerk’s Office and LA County is verifying signatures to determine if it qualified to be placed on the ballot. Should the initiative qualify, staff will return with a staff report and resolution at the next available regular meeting. All resolutions for initiatives and City-sponsored ballot measures must be submitted to the County by August 7, 2026.

The second resolution (Attachment B) requests that the LA County Board of Supervisors approve the consolidation of the City’s General Municipal Election with the statewide General Election to be held on the same date, and that the statewide General Election and General Municipal Election be held in all respects as if there were one

4.B
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election. The resolution also requests that the LA County Board of Supervisors direct the LA County Registrar-Recorder/County Clerk to provide all necessary election services, to the extent determined necessary by the Santa Monica City Clerk/Elections Official, to prepare, print, translate, and mail sample ballots and polling place information to the registered voters of the City.

City Clerk staff will host a Candidate Workshop on the first day of the Nomination Period, Monday, July 13 in City Hall Council Chambers. The notice of the election will be published in the local newspapers and mailed to neighborhood groups. All election information will be available on www.santamonica.gov, and the election will be promoted in SaMoNews, the City’s social media sites and the local newspapers. The office will co-host a virtual Fair Political Practices Commission (FPPC) workshop for Candidates/Treasurers on Wednesday, August 26 at 5:30 p.m.. Additionally, voter registration outreach efforts will be scheduled including the State of the City, September 15, 2026 National Voter Registration Day, and prior to the October 19, 2026, voter registration deadline. As with the Statewide Direct Primary Election, the City’s five VoteBy-Mail Drop Boxes located at the Main Library, Montana Library, Virginia Avenue Park, Marine Park, and Ocean View Park will also be available for the election.

Environmental Review
The proposed election resolutions are exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) (Common Sense Exemption) of the CEQA Guidelines, which states that CEQA does not apply, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The resolutions are formal requests for election services from the LA County Registrar-Recorder/County Clerk and would not result in physical effects, and therefore, is exempt from CEQA.

Financial Impacts and Budget Actions
Funding for election costs is included in the FY 2026-27 Proposed Budget, pending Council budget adoption at the June 23, 2026, meeting. Also included in the proposed budget is the reimbursement revenue for election costs related to non-City agencies

4.B
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such as the Santa Monica-Malibu Unified School District and Santa Monica Community College.

Prepared By: Priscilla Bouvet, Administrative Analyst
Approved Forwarded to Council
Attachments:

A. Attachment A - Resolution-Calling 2026 Election
B. Attachment B - Resolution-Consolidating 2026 Election

4.B
Packet Pg. 405
1 City Council Meeting: June 9, 2026 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,

CALIFORNIA CALLING AND GIVING NOTICE FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 3, 2026, FOR ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE

CALIFORNIA ELECTIONS CODE AND PROVISIONS OF THE SANTA MONICA

CITY CHARTER
WHEREAS, City Charter Section 1400 provides that a General Municipal Election shall be held on the first Tuesday following the first Monday of November of each even numbered year for the purpose of electing officers;and WHEREAS, under the provisions of the City Charter, three members of the City Council shall be elected to a full term of four-years; and WHEREAS, under the provisions of the City Charter, three members of the Rent Control Board shall be elected for a full term of four years; and WHEREAS, under the provisions of the City Charter and Section 5220 of the Education Code, four members of the Santa Monica-Malibu Unified School District Board of Education shall be elected for a full term of four years; WHEREAS, under the provisions of Section 72034 of the Education Code and resolutions adopted by the Board of Trustees of the Santa Monica Community College District, four members of the Santa Monica Community College District Board of Trustees shall be elected for a full term of four years; and

4.B.a
Packet Pg. 406 Attachment: Attachment A - Resolution-Calling 2026 Election [Revision 1] (7657 : November 3, 2026 General Election) 2 WHEREAS, the Education Code and the Elections Code authorize the consolidation of the election of members of the Santa Monica Community College District Board of Trustees and the Santa Monica-Malibu Unified School District Board of Education with the General Municipal Election.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS:

SECTION 1. A General Municipal Election shall be held in the City of Santa Monica on Tuesday, November 3, 2026, which is the election required for the purposes of electing three members of the City of Santa Monica City Council for four-year terms expiring in 2030; three members of the City of Santa Monica Rent Control Board for four-year terms expiring in 2030; four members of the Santa Monica-Malibu Unified School District Board of Education for four-year terms expiring in 2030; and, four members of the Santa Monica Community College District Board of Trustees for fouryear terms expiring in 2030.

SECTION 2. The ballots to be used at the General Municipal Election shall be both as to form and matter contained therein such as may be required by law.

SECTION 3. The City Clerk is authorized, instructed, and directed to coordinate with the County of Los Angeles Registrar-Recorder/County Clerk to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment, and paraphernalia that may be necessary in order to properly and lawfully conduct the General Municipal Election.

SECTION 4. The vote centers for the General Municipal Election shall be open at

4.B.a
Packet Pg. 407 Attachment: Attachment A - Resolution-Calling 2026 Election [Revision 1] (7657 : November 3, 2026 General Election) 3 7:00 a.m. on the day of the election and shall remain open continuously until 8:00 p.m. of the same day when the vote centers shall be closed, pursuant to Election Code 10242, except as provided in Sections 14212, 14401 of the Elections Code.

SECTION 5. The notice of the time and place of holding of the General Municipal Election is hereby given; and the City Clerk is authorized, instructed, and directed to give such further or additional notice of the election in the time, form, and manner required by law.

SECTION 6. Pursuant to Elections Code Section 12109, the City Clerk is authorized, instructed, and directed to give notice of the central counting place in the time, form, and manner required by law.

SECTION 7. An election for members of the Santa Monica-Malibu Unified School District Board of Education and the Santa Monica College District Board of Trustees shall be consolidated with the General Municipal Election. Separate ballots shall be provided for those voters who reside outside the City of Santa Monica pursuant to Elections Code Section 10409.

SECTION 8. The City Clerk is directed to send a copy of this Resolution to the Board of Supervisors and to the Registrar of Voters/County Clerk of the County of Los Angeles.

SECTION 9. In the event the General Municipal Election is consolidated with the Statewide General Election on the same date, the provisions of this Resolution which are applicable only in the event the election is conducted by the City shall be of no force or effect.

4.B.a
Packet Pg. 408 Attachment: Attachment A - Resolution-Calling 2026 Election [Revision 1] (7657 : November 3, 2026 General Election) 4 SECTION 10. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

HEIDI VON TONGELN
City Attorney

4.B.a
Packet Pg. 409 Attachment: Attachment A - Resolution-Calling 2026 Election [Revision 1] (7657 : November 3, 2026 General Election) 1 City Council Meeting: June 9, 2026 Santa Monica, California

RESOLUTION NUMBER (CCS)
(City Council Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA,

CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF

LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION OF THE CITY OF SANTA MONICA TO BE HELD ON NOVEMBER 3, 2026, WITH THE

STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO ELECTIONS CODE SECTION 10403, AND TO RENDER SPECIFIED SERVICES TO

THE CITY RELATING TO THE GENERAL MUNICIPAL ELECTION
WHEREAS, the City Council of the City of Santa Monica has called a General Municipal Election in the City of Santa Monica to be held on November 3, 2026, for the purpose of electing officers of the City Council of Santa Monica, the Santa Monica Rent Control Board, the Santa Monica Community College District Board, and the Santa Monica-Malibu Unified School District Board of Education; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the Statewide General Election to be held on the same date; that within the City of Santa Monica and the School and Community College Districts, the precincts, polling places and election officers of the two elections be the same; that the Registrar of Voters of the County of Los Angeles canvass the returns of the General Municipal Election; and that the Statewide General Election and General Municipal Election be held in all respects as if there were only one election; and

4.B.b
Packet Pg. 410 Attachment: Attachment B - Resolution-Consolidating 2026 Election [Revision 1] (7657 : November 3, 2026 General Election) 2 WHEREAS, in the course of conduct of the General Municipal Election and in relation thereto, it will be necessary to mail sample ballots and polling place information to the registered voters of the City of Santa Monica; and
WHEREAS, the City of Santa Monica desires the Registrar of Voters to furnish such other election assistance as may be authorized by state law; and WHEREAS, all necessary expense in performing these services shall be paid by the City of Santa Monica.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE, DECLARE AND ORDER AS FOLLOWS:

SECTION 1. Pursuant to the requirements of Elections Code Section 10403, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the Statewide General election on Tuesday, November 3, 2026, for the purpose of electing officers of the Santa Monica City Council, the Santa Monica Rent Control Board, the Santa Monica Community College District Board, and the Santa Monica-Malibu Unified School District Board of Education. The consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418. The offices to be voted upon at the General Municipal Election are as follows: Member of the City Council – 3; Member of the Rent Control Board – 3; Member of the Board of Trustees for the Santa Monica Community College District – 4; Member of the Board of Education for the Santa Monica-Malibu Unified School District – 4. The names of candidates appearing on the ballot shall be filed with the Registrar of Voters of the County of Los Angeles no later than 81 days prior to the General Municipal Election.

4.B.b
Packet Pg. 411 Attachment: Attachment B - Resolution-Consolidating 2026 Election [Revision 1] (7657 : November 3, 2026 General Election) 3 SECTION 2. The Registrar of Voters is authorized to canvass the returns of the General Municipal Election which it is hereby requested to consolidate with the Statewide General Election and said election shall be held in all respects as if there were only one Election, and only one form of ballot shall be used.

SECTION 3. The Board of Supervisors of the County of Los Angeles is hereby requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election.

SECTION 4. The City of Santa Monica recognizes that additional costs will be incurred by the County of Los Angeles by reason of this consolidation and agrees to reimburse the County of Los Angeles for any such costs.

SECTION 5. Pursuant to Elections Code Section 10002, the City Council requests the Board of Supervisors of the County of Los Angeles to permit the Registrar of Voters to provide the following services to the City to the extent determined necessary by the City Clerk: (1) prepare and furnish to the City of Santa Monica for use in conducting its General Municipal Election the computer record of the names and addresses of eligible registered voters in the City of Santa Monica in order that the City of Santa Monica may print labels to be attached to self-mailer sample ballot pamphlets; (2) furnish to the City of Santa Monica printed indices of the voters to be used by the precinct board at the polling places; (3) make available to the City of Santa Monica additional election equipment and assistance according to state law; and (4) provide such other services as may be deemed necessary to reduce the expense and administrative burden of the election.

SECTION 6. The City of Santa Monica shall reimburse the County of Los Angeles

4.B.b
Packet Pg. 412 Attachment: Attachment B - Resolution-Consolidating 2026 Election [Revision 1] (7657 : November 3, 2026 General Election) 4 for services performed when the work is completed and upon presentation to the City of a properly approved bill.

SECTION 7. The City Clerk is directed to transmit and file a certified copy of this Resolution with the Board of Supervisors of the County of Los Angeles and with the Registrar of Voters.

SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

APPROVED AS TO FORM:

HEIDI VON TONGELN
City Attorney

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Report
City Council Meeting: June 9, 2026
Agenda Item: 4.C
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To: Mayor and City Council
From: Christopher Dishlip, Director of Public Works, Architecture Services Division Subject: Adoption of a Resolution Authorizing Acceptance of the Regional Parks and Open Space District Planning and Design Grant for the Santa Monica Airport Conversion Planning and Design and Execution of Necessary Associated Documents
Recommended Action
Staff recommends that the City Council:

1. Adopt a finding of categorical exemptions pursuant to Section 15061(b)(3) (Common Sense Exemption) and Section 15252 (Feasibility and Planning Studies) of the California Environmental Quality Act (CEQA) Guidelines;

2. Adopt a resolution authorizing the City Manager to accept a grant awarded to the City in the amount of $499,149, from the Regional Parks and Open Space District 2025 Planning and Design Grant for the Santa Monica Airport Conversion Planning Project in the Public Works Department, and to accept all grant renewals;

3. Authorize the City Manager to execute all necessary documents to accept the grant and all grant renewals; and

4. Authorize a budget amendment as outlined in the Financial Impacts & Budget Actions section of this report (requires 5 votes).

Summary
The City of Santa Monica’s Public Works Department continues to advance adopted City plans and initiatives with the grant award of $499,149, authorized by the Regional Parks and Open Space District (RPOSD) Competitive Grant Program (Attachment C), funded by Measure A, for the Planning and Design of the Santa Monica Airport Conversion Project (SMACP). This competitive grant program offers grants for projects every three years. The goal of this planning and design grant is to support feasibility and pre-design efforts aligned with RPOSD Categories 3 and 4 goals to improve and protect

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natural lands, open space, and water resources through development and restoration, as well as support regional-scale recreation projects that improve access to nature, increase countywide connectivity, and serve broad populations.

On October 15, 2025, staff submitted the Santa Monica Airport Conversion Planning and Design application, requesting $500,000 to fund enhanced connectivity to the future uses at the airport and continued planning and pre-design efforts for 20 acres of the airport land’s 192 acres, positioning the City to apply for 2028 RPOSD Competitive Grant Program funding to construct a portion of the planned work. On March 17, 2026, the City of Santa Monica received an award of $499,149 to implement the planning and pre-design project (Grant Project). Per grant guidelines, the City of Santa Monica must execute an agreement with RPOSD by July 31, 2026. Grant funds would be disbursed on a reimbursement basis and in accordance with the Grant Project Budget in RPOSD’s Grants Management System (GMS). Staff is requesting authorization to accept the grant funds of $499,149 and appropriation of $130,326 from the available Park and Recreation Development Impact Fee resources to meet the local match.

Discussion
The City of Santa Monica currently receives annual allocations from the 2016 voterapproved Measure A parcel tax in Los Angeles County, which funds parks, open spaces, beaches, trails and recreation programs countywide that contribute to the expansion, acquisition, and improvements of parks across the City. The Competitive Grant Program provides opportunities to realize larger projects, outside of annual allocations, to further advance the goals of Regional Parks and Open Space District (RPOSD). The 2025 grant cycle offers grants for Planning and Design and Development to deliver measurable impact, promote park equity, and strengthen access to parks, natural areas, and regional recreation spaces throughout Los Angeles County.

On October 15, 2025, staff submitted the Santa Monica Airport Conversion Planning and Design application, requesting $500,000 to fund enhanced connectivity to future uses at the airport and continued planning and pre-design efforts for 20 acres of the airport land’s 192 acres, positioning the City to apply for 2028 RPOSD Competitive

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Grant Program funding to construct a portion of the planned work. On March 17, 2026, the City of Santa Monica received an award of $499,149, to implement the planning and pre-design project (Grant Project). This award reflects growing regional recognition of the Grant Project’s potential to deliver meaningful, lasting benefits to Santa Monica and the broader region, advancing a generational opportunity to create community-centered, equitable access to open space and respond to the park needs of an urban environment.

The Santa Monica Airport Conversion Project (SMACP) is currently in Phase 3B– Defining the Future of Place: The Preferred Scenario Framework Diagram–of a fivephase process. Understanding that the project must be self-sustaining, Public Works identified the RPOSD Competitive Grant Program - Planning and Design - as an opportunity to explore efforts to realize day-one programming and activation of the airport lands upon its closure at midnight on December 31, 2028, as authorized by the Consent Decree / Settlement Agreement with the Federal Aviation Administration (FAA), which was entered as a Consent Decree (Attachment D) in U.S. District Court and resolved by City Council Resolution No. 11026 (Attachment B).

Grant Project
Studying regional community plans and connectivity feasibility studies alongside Santa Monica’s Pedestrian and Bicycle Action Plans, this Grant Project presents a proactive opportunity to prioritize pedestrian and mobility enhancements to the Westside’s mobility network, serving as an essential connection for people across western Los Angeles County and helping them bridge neighborhoods and access vital resources in a region that is ever-growing and increasingly interconnected. Objectives of this Grant Project include:
• Increasing local and regional access to recreational open space and environmental benefits
• Refining community outreach methods

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• Increasing urban forest, biodiversity, and habitat metrics in alignment with the Santa Monica Urban Forest Master Plan, Parks and Recreation Vision Plan, Sustainable City Plan, and Climate Action and Adaptation Plan.

Of note, this Grant Project also positions the City to pursue additional funding with a demonstrated track record of grant success, opening doors to additional opportunities aligned with the larger project goals of climate resilience, equitable access, and sustainable park infrastructure.

To activate these grant funds, RPOSD requires the City to execute an agreement with RPOSD by July 31, 2026. Upon execution of the agreement, all funded Grant Project work must be completed within two years from the date the grant agreement is executed with RPOSD, unless otherwise approved by RPOSD.

Next Steps
If Council adopts the resolution to accept the RPOSD grant and execute the agreement (Attachment E), RPOSD would issue a notice to proceed, allowing the Grant Project design activities to begin. Staff would then release a Request for Proposals to procure a consultant to assist the City in conducting the Santa Monica Airport Conversion Planning and Design Project. Staff would return to Council to award the Professional Services Agreement for design services in Winter 2026-27. The Grant work would be anticipated to begin in Spring 2027.

Environmental Review
Acceptance of a grant awarded to the City is exempt pursuant to CEQA Guidelines, section 15061(b)(3), which states that “CEQA does not apply where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” Acceptance of the grant award would allow for conceptual design of the project to continue so that future CEQA can begin. In addition, acceptance of the grant for the Grant Project is exempt from CEQA pursuant to Section 15252 (Feasibility and Planning Studies) of the CEQA Guidelines, which exempts feasibility

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and planning studies for possible future actions which the agency, board, or commission has not approved, adopted, or funded. In compliance with Section 15004 of the CEQA Guidelines, final design and approval of the project would not begin until completion of CEQA, and a such, the City would not be bound to a specific action, nor would it prohibit the City from considering any feasible mitigation measures and alternatives as required by the CEQA process.

Past Council Actions
Meeting Date Description
02/28/17
(Attachment A)
Resolution of the City Council of the City of Santa
Monica Implementing the Consent Decree and
Authorizing All Actions Necessary to Ensure the Closure of Santa Monica Airport Effective as of Midnight on
December 31, 2028, and the Shortening of the Santa
Monica Airport Runway Pending Closure
Financial Impacts and Budget Actions
Staff seeks authority to accept a grant and all grant renewals from the Regional Parks and Open Space District for Planning and Design for the Santa Monica Airport Conversion Planning Project and recommends the following budget amendment.

FY 2025-26 Budget Amendment
Establish Revenue Budget Appropriate Funds
Account # Amount Account # Amount
20500011.406290 $ 499,149 C2008280.689202 $ 499,149
Staff also seeks authority to appropriate available funding from the Special Revenue Source Fund - Park and Recreation Development Impact Fee to meet the local match FY 2025-26 Budget Amendment
Release Funds Appropriate Funds

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Account # Amount Account # Amount

10.370334 – Park
and Recreation
Development Impact
Fee $130,326 C2008280.689202 $130,326
Future year funding is contingent on Council budget approval.

Prepared By: Tony Lopez, Senior Park Planner
Approved Forwarded to Council
Attachments:

A. February 28, 2017 Staff Report (web link)
B. Council Resolution 11026
C. RPOSD 2025 Cycle Competitive Grant Programs Guidelines D. Consent Decree
E. Grant Agmt 10271_PD_Competitive_Airport Conversion-Santa Monica Revised_5.19.26
F. Measure A Planning and Design Grant Acceptance Resolution G. Written Comments

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TABLE OF CONTENTS
I. INTRODUCTION.......................................................................................................... 1 II. OVERVIEW ................................................................................................................. 2 Eligible Applicants (All Programs) ..........................................................................................2 Key Criteria and Guidance.....................................................................................................2 III. EXECUTIVE SUMMARY OF COMPETITIVE FUNDING PROGRAMS..................................... 5 IV. APPLICATION SUBMISSION RULES .............................................................................. 9 Application Timeline .............................................................................................................9 How to Submit......................................................................................................................9 Applicant Registration...........................................................................................................9 Award Limits Per Grantee....................................................................................................10 Application Format .............................................................................................................11 Need Help?.........................................................................................................................11

APPENDICES
Appendix 1. Planning & Design Competitive Grant Program………………………………………………...12 Appendix 2. Category 3 - Natural Lands, Local Beaches, Water Conservation & Protection………..19 Appendix 3. Category 4 - Regional Recreation, Multi-Use Trails & Accessibility………………………..27 Appendix 4. Application Questions and Required Support Documents…………………………………..36

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Packet Pg. 421 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District 2025 COMPETITIVE GRANT PROGRAMS GUIDELINES 1
I. INTRODUCTION
The Los Angeles County Regional Park and Open Space District (RPOSD) is pleased to announce the 2025 Competitive Grant Programs (Grant Programs), which will provide a total of $58 million in Measure A funding to support planning and development efforts across Los Angeles County. These competitive funding programs aim to deliver measurable impact, promote park equity, and strengthen access to parks, natural areas, and regional recreation spaces throughout Los Angeles County. The 2025 Competitive Grant Guidelines (Guidelines) outline funding opportunities and application requirements for three distinct programs: one program designates funding for planning and design, and the other two are for shovel-ready development projects.

For more information on Measure A, the Grants Administration Manual (GAM), or to access the online application portal, visit https://rposd.lacounty.gov.

A Planning & Design grant opportunity to fund pre-development work that helps prepare high-quality development projects and supports stronger partnerships between nonprofits and public agencies.

Focus on shovel-ready development and timely planning and design to ensure funded projects are positioned for timely implementation and impact.

An increased award cap for development projects.

A scope-based evaluation approach that prioritizes the specific work funded by Measure A.

Revised scoring and project evaluation framework to continue promoting transparency and to ensure fair competition across project sizes.

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Packet Pg. 422 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District 2025 COMPETITIVE GRANT PROGRAMS GUIDELINES 2
II. OVERVIEW
The Grant Programs will fund pre-construction planning and design work and shovel-ready development projects that align with the goals of Measure A, Category 3, and Category 4.

Eligible Applicants (All Programs)
Prospective applicants must be registered in RPOSD’s Grants Management System (GMS) to submit an application and be in Good Standing.

Key Criteria and Guidance

1. Multi-Benefit Projects
Applications must focus on multi-benefit projects that maximize climate pollution reduction and adaptation, carbon sequestration, heat-island reduction, stormwater capture, habitat protection and biodiversity, community health improvements, promote innovative public-private partnerships, or a combination thereof.

Authorized to acquire, develop, improve, or restore
parkland and open space within Los Angeles County
(includes Agencies of Record, cities, special districts, and Joint Powers Authorities).

With a mission related to:
o Environmental protection or restoration
o Parks, recreation, or community services
o Environmental education
o Gang prevention
o Job skills training for youth or veterans
o Conservation or tree planting
Provided they allow public access during non-school
hours (at a minimum).

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Packet Pg. 423 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District 2025 COMPETITIVE GRANT PROGRAMS GUIDELINES 3

2. Identifying and Distinguishing Measure A Funded Scope Applicants must clearly isolate the specific work that will be funded by Measure A.

Applications will be evaluated based only on the impact, feasibility, and alignment of the proposed Measure A-funded work.

The goal is to avoid disproportionately high scores for large, complex projects where Measure A funding plays a minor or unclear role. Instead, applications should:
• Focus their narrative and documentation on the Measure A scope. • Be precise about what Measure A is paying for, and why that portion merits funding on its own.

If the funded scope is part of a larger project:
• Applicants may briefly describe the full project to help evaluators understand how the Measure A-funded component fits into a broader vision. • Evaluators will give credit only for the direct impact of the Measure A-funded work unless it is clearly demonstrated that the scope is foundational or catalytic—meaning it enables or unlocks broader improvements aligned with the intent of Measure A.

Applicants must distinguish between:

1. Measure A-funded scope: Specific activities, deliverables, timeline, and budget funded by this grant request.

2. Broader project (if applicable): Any additional scope, funding sources, or timelines that go beyond the Measure A request.

3. Level of Need
RPOSD will consider the level of need for park and open space access. A minimum of 30% of total funds in each grant program will be set aside for projects located in High or Very High Need Study Areas, as identified in the 2016 Countywide Parks Needs Assessment (PNA). In addition, results from the Parks Needs Assessment Plus (PNA+) will be used to inform evaluation of applications—particularly for rural, regional, and underrepresented communities—to ensure that unique needs and access disparities are meaningfully addressed across the County. Finally, level of need will also be considered in the scoring process.

4. Development Project Completion and Public Access Requirement All development proposals must result in tangible, publicly accessible improvements that will be completed and open to the public within the grant term. A grantee may not close out a development grant until the funded project area is open

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Packet Pg. 424 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District 2025 COMPETITIVE GRANT PROGRAMS GUIDELINES 4
to the public and a Measure A deed restriction has been recorded in accordance with the Grant Agreement and the GAM.

Failure to meet the public access requirement may result in:
• Withholding of final payment or reimbursement, including retention; and • Loss of Good Standing status which will affect the grantee’s eligibility for future Measure A funding opportunities and suspension of reimbursements on other active grants held by the same grantee.

RPOSD will enforce these provisions to ensure that awarded funds lead to timely, visible public benefits and comply with the intent of Measure A.

5. Material Findings Disclosure
RPOSD understands that planning and development is dynamic and that projects may evolve after grant applications are submitted. To ensure transparency and maintain alignment with program goals, applicants/grantees are expected to notify RPOSD of any significant developments that arise at any point after application submission, including during the evaluation, award, or grant term. This includes developments that may:
• Substantially change the proposed or approved scope
• Affect the project’s timeline or milestones
• Raise concerns about project feasibility or timely implementation Notifications should be submitted in writing within 10 business days of discovery and include a summary of the issue, potential impacts, and any mitigation steps being considered. RPOSD will work collaboratively with applicants/grantees to adjust and respond to evolving project needs. However, failure to disclose material changes may affect grant award, agreement execution, reimbursement eligibility, Good Standing, and future funding access, consistent with RPOSD policies.

6. No “Double Dipping”
Measure A Competitive Grant funds may not be used to fund any project element for which funding has already been secured (either from Prop A, Measure A, or other sources). Applicants may only request funding for project elements distinct and separate from any project elements funded by other sources.

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Packet Pg. 425 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District 2025 COMPETITIVE GRANT PROGRAMS GUIDELINES 5
III. EXECUTIVE SUMMARY OF COMPETITIVE FUNDING PROGRAMS

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IV. APPLICATION SUBMISSION RULES
To apply for any of the Grant Programs, applicants must adhere to the following submission requirements:

Application Timeline
• Release of the 2025 Competitive Grant Programs: July 15, 2025 • Grants Management System (GMS) Application Portal Opens: August 1, 2025 • Application Deadline: October 30, 2025, at 10AM (Pacific Time) • Anticipated award announcement: No later than March 2026 How to Submit
• All applications must be submitted online through GMS:
https://grantfunding.rposd.lacounty.gov.
• No paper or email submissions will be accepted.
• Applications will not be accepted after the deadline as the GMS application portal will be automatically disabled.
• Incomplete application submissions will not be considered; however, RPOSD at its sole discretion, may waive immaterial omissions.

Applicant Registration
• Applicants must be registered in GMS before submitting a grant application. • New applicants are strongly encouraged to complete registration by October 1, 2025, to ensure a timely application.
• Registration includes uploading documentation such as:
o Articles of Incorporation (for nonprofits)
o Proof of 501(c)(3) status
o Current IRS Form 990 (for nonprofits)
o LA County Vendor ID number
o Enrollment in Direct Deposit
• Assistance with registration may be requested at [email protected] or by visiting the GMS registration section on the RPOSD website.

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Packet Pg. 430 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District 2025 COMPETITIVE GRANT PROGRAMS GUIDELINES 10
Award Limits Per Grantee
Applicants are not limited in the number of applications they submit. However, to promote equity and ensure broad distribution of funds, RPOSD is placing a limit on the total amount of funding that may be applied for and awarded to any single lead applicant across all Grant Programs:

Agencies of Record
serving 10 or more Study Areas
May apply for and be awarded up to
$15 million total across all programs.

Agencies of Record
serving 3 to 10 Study Areas
May apply for and be awarded up to
$10 million total across all programs.

Agencies of Record serving 1 to 2
Study Areas, eligible public agencies,
nonprofits, and organizations
May apply for and be awarded up to
$5 million total across all programs.

For Agencies of Record:
• An Agency of Record is the public park agency that is assigned noncompetitive funds for each Study Area. • An Agency of Record may not apply for funds in excess of the caps listed above.
• Each proposal must be for a distinct project and meet all eligibility and readiness requirements.
• No partial awards will be issued; projects will either be fully awarded or not awarded.
• These limits apply only to applications where the Agency of Record is the lead applicant.
• Applications for a proposed project in an Agency of Record’s Study Area will not count toward its cap if the lead applicant is not the Agency of Record.

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Packet Pg. 431 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District 2025 COMPETITIVE GRANT PROGRAMS GUIDELINES 11
For Eligible Public Agencies, Non-Profits and Organizations (Other than Agencies of Record):
• An entity may not apply for funds in excess of the cap listed above. • An entity may propose projects in various Study Areas so long as the cap is not exceeded.
• Each proposal must be for a distinct project and meet all eligibility and readiness requirements.
• No partial awards will be issued; projects will either be fully awarded or not awarded.
• Entities should be mindful of the site control requirement of the application, as discussed below.

If an applicant submits proposals that collectively exceed the applicable funding cap, RPOSD, at its sole discretion during the administrative pass/fail review, shall remove and disqualify one or more applications, to bring the total request within the allowable cap.

Application Format
Each application must include:
• Responses to all required application questions
• Required document uploads (e.g., grant boundary map, maps, CEQA documents, community engagement plan, relevant support documents) All documents must be clearly labeled and uploaded to the correct sections. Missing or mislabeled documents may result in disqualification.

Need Help?
For general questions: [email protected].

Subject line: 2025 Competitive Grant Program
For applicants in High or Very High Need Study Areas seeking technical assistance or support, contact: [email protected].

Questions may also be submitted during scheduled webinars or online information sessions. All questions must be submitted by October 15, 2025, to ensure a response before the application deadline.

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PLANNING AND DESIGN COMPETITIVE GRANT PROGRAM

PLANNING AND DESIGN COMPETITIVE GRANT PROGRAM
Application Deadline: October 30, 2025, at 10AM (Pacific Time) Total Available Funds: $18 million
Category 3: $9 million
Category 4: $9 million
Purpose and Objectives
The Planning & Design Competitive Grant Program supports early-stage work that leads to Measure A-eligible, shovel-ready projects under Category 3 (Natural Lands, Local Beaches, Water Conservation & Protection) and Category 4 (Regional Recreation, Multi-use Trails & Accessibility).

The program helps applicants advance their projects to a stage where they are eligible and competitive for future development funding—from RPOSD or other funders. This includes pre-construction efforts such as design, permitting, environmental review, feasibility analysis, and meaningful community engagement.

All work funded through this program must directly support the creation or improvement of a Measure A-eligible development project and be in line with policies outlined in the GAM.

Minimum and Maximum Grant Amount
Minimum Request: $100,000
Maximum Request: $500,000
Required Match
No match required. Although leverage of federal or state, park, conservation, water, or climate funding programs is strongly encouraged. This includes applicant use of existing Measure A funding.

Performance Period
The grant term is 2 years from the date of agreement execution. All funded work must be completed within this timeframe. Grantees must submit regular status updates as a condition of reimbursement. The objective is to help applicants prepare for future development grant opportunities from RPOSD or other funders. While 2 years may be considered ambitious, this performance period is calibrated to align with upcoming local, state, and federal funding opportunities, and to encourage project momentum toward implementation.

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PLANNING AND DESIGN COMPETITIVE GRANT PROGRAM
Awarded applicants will have 4 months to execute a grant agreement following award notification. If awarded applicants fail to execute an agreement by that time, RPOSD may, in its sole discretion, reallocate funds to other applicants or sweep the funds.

Eligible Scope
Planning & Design grants may fund the following (but are not limited to):
• Conceptual design, schematic design, or design development • Preparation of construction documents and permitting
• CEQA and environmental studies
• Feasibility or technical assessments (e.g., geotechnical, hydrology, soil) • Site planning and cost estimation
• Community engagement and co-design activities, if directly tied to a capital project • All costs must comply with the GAM
Ineligible Scope
Activities ineligible for Measure A reimbursement are outlined in the GAM. They include, but are not limited to:
• General or long-range planning documents (e.g., General Plans, Park Master Plans) • Academic research or open-ended policy analysis
• Projects not intended to result in a capital improvement • Direct services or training programs
• Any activity inconsistent with Measure A or the GAM in RPOSD’s sole discretion Application Minimum Requirements (Pass/Fail)
Applications will be administratively reviewed prior to independent evaluation. Applicants must demonstrate the following to proceed to scoring:
 The proposed project aligns with Category 3 or 4 eligibility  Site control that supports long-term public access, providing a reasonable path to development. Applicants must satisfy this requirement through one of the following:
o Ownership of the property by the applicant; or
o A letter of intent, draft agreement, or executed agreement (lease, joint use, MOU), between applicant and owner that demonstrates a reasonable path towards development by either applicant, owner, or third party. Owner must provide a written statement that:
 Confirms understanding of the scope and intent of the proposed planning/design effort; and

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PLANNING AND DESIGN COMPETITIVE GRANT PROGRAM
 Affirms that the Owner has the capacity and is willing to implement or oversee future development resulting from the planning/design effort, if determined to be reasonable.
o RPOSD reserves the right to request additional documentation to verify that the relationship between the applicant and the public agency is appropriate and enforceable for the purposes of grant administration.  A complete timeline indicating the anticipated construction funding application date and project opening date
 A clear plan for CEQA and permitting, including completion timeline or justification if not applicable
 Disclosure of any known or potential adverse site conditions and proposed mitigation approach
 A complete application including all required forms, responses, and supporting documentation
 Proof of jurisdictional support to apply for, accept, and administer Measure A funds Any application that, in RPOSD’s sole discretion, does not meet the minimum mandatory requirements will be removed prior to the independent evaluation and will not be scored.

Project Cost Brackets
Applications may be evaluated in cost brackets to promote funding across different project sizes.

Bracket Total Grant Request
Small $100,000 - $249,999
Medium $250,000 - $399,999
Large $400,000 - $500,000
Checklist – Required Application Materials
 Project application (see Appendix 4)
 Proof of site control
 Community engagement documentation (if applicable)
 CEQA documentation (if applicable)
 PNA+ Map Screenshot (if applicable)
 Proof of jurisdictional support to apply for, accept, and administer Measure A funds Evaluation Criteria
To ensure that Measure A funds support the creation of transformative, shovel-ready development projects, applications for Planning and Design funds will be evaluated using

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PLANNING AND DESIGN COMPETITIVE GRANT PROGRAM
the following scoring framework. This framework prioritizes well-defined, feasible, and impactful planning and design activities that lead to transformative development aligned with Category 3 (Natural Lands, Beaches, Water Conservation) or Category 4 (Regional Recreation).

1. Impact, Clarity & Alignment of Funded Scope – 40 points Evaluates how clearly the applicant defines the specific work to be funded by Measure A, and whether that work is likely to result in tangible, high-quality deliverables that enable a shovel-ready, eligible development project under Category 3 or 4. Applicants must clearly isolate what Measure A is intended to fund and focus the narrative, budget, and documentation on that work.

Strong applications will:
 Clearly define the Measure A-funded scope using bullet points or tables.  Align the budget, timeline, and deliverables with the Measure A-funded scope (e.g., 50% construction drawings, CEQA Initial Study).
 Show how the planning effort enables multi-benefit or regional-scale development aligned with Category 3 or 4.

If part of a larger project, explain how the Measure A scope is foundational or catalytic to broader improvements—without overstating indirect impacts.

Evaluators will assess:

1. Clarity and specificity of the Measure A-funded scope.

2. Alignment with Category 3 or 4 goals scope with budget, schedule, and required uploads.

3. Potential of the planning deliverables to enable a shovel-ready, high-impact development project.

2. Readiness, Feasibility, and Long-Term Value – 20 points Assesses whether the proposed work is feasible within the 2-year grant term and whether it lays a strong foundation for a future development project. Also evaluates urgency, long-term public benefit, and whether the project will be well-positioned to compete for future development funds.

Strong applications will:
 Demonstrate site control.
 Clearly state CEQA status and include documentation (if applicable).  Identify known site constraints, if any, and provide a plan to assess or mitigate them.

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PLANNING AND DESIGN COMPETITIVE GRANT PROGRAM
 Describe how planning work fills a critical need and positions the project for development.

Evaluators will assess:

1. Whether site control, CEQA status, and site constraints are secured or clearly addressed.

2. Urgency and competitiveness of the planning effort for future development funding.

3. Whether the work will produce real, useable outputs that lead to long-term public improvements.

3. Community Engagement – 20 points
Assesses how community input informed or will inform the planning and design process.

Evaluates the intentionality, inclusiveness, and effectiveness of engagement efforts, both completed and proposed beyond the minimum requirements. This criterion prioritizes demonstrated engagement efforts that are complete, underway, or clearly scoped and budgeted as part of the proposed grant. Points will not be awarded for engagement strategies that are aspirational but not part of the grant-funded work.

Strong applications will:
 Provide documentation of engagement already completed, including input received and how it influenced the project.
 Include future engagement activities that are realistic, specifically scoped, and clearly funded as part of the proposed scope of work.
 Use accessible, culturally competent outreach methods (e.g., bilingual events, childcare, evening/weekend sessions).
 Partner with local CBOs, advisory councils, or other stakeholder groups.

Evaluators will assess:

1. The quality and inclusiveness of engagement already completed.

2. Whether future engagement is clearly described, scheduled, and funded within the project scope.

3. The degree to which community input has shaped—or will shape—project priorities, scope, or design.

4. Capacity & Implementation Plan – 20 points
Assesses whether the applicant team has the experience, structure, and processes to successfully deliver the proposed planning work.

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Packet Pg. 438 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 1 18

PLANNING AND DESIGN COMPETITIVE GRANT PROGRAM
Strong applications will:
 Name key staff or consultants and describe their relevant qualifications.  Clearly outline roles, responsibilities, and procurement methods.  Provide examples of similar projects completed (especially public, grant-funded planning or design work).
 Demonstrate capacity to manage funds, monitor progress, and ensure accountability which include clear roles and responsibilities, evidence of strong procurement or contract management systems, and examples of similar completed design and development projects.

Evaluators will assess:

1. Administrative and technical capacity to complete the grant.

2. Experience in managing similar public planning/design efforts.

3. Quality control, tracking, and communication strategies.

5. Alignment with PNA and PNA+ (OPTIONAL – up to 32 points) a) High or Very High Need Study Areas based on Parks Needs Assessment – Up to 20 points
 20 points: Project is physically located in Very High Need Study Area.  15 points: Project is physically located in High Need Study Area.  Up to 10 points: Project is not located in a High/Very High Need area but clearly benefits those residents (based on visitation or partnerships). b) Parks Needs Assessment Plus (PNA+) Alignment – Up to 12 points Applicants are required to use the PNA+ Map Viewer available at https://lacountyparkneeds.org/pnaplus-maps/. Applicants must specifically reference location of proposed scope. If no specific location is known, applicant must provide a statement that provides justification for the geographic selection. Points awarded based on number of PNA+ indicators addressed for either “Regional Recreation Need” or “Rural Recreation Need.”  1 Indicator (6 pts)
 2 Indicators (8 pts)
 3+ Indicators (12 pts)

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Packet Pg. 439 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award)

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Packet Pg. 440 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 2 20
CATEGORY 3 COMPETITIVE GRANT PROGRAM
CATEGORY 3 - NATURAL LANDS, LOCAL BEACHES, WATER

CONSERVATION AND PROTECTION COMPETITIVE GRANT PROGRAM
Application Deadline: October 30, 2025, at 10AM (Pacific Time) Total Available Funds:
$24 million
Purpose and Objectives
The Category 3 Competitive Grant Program funds shovel-ready development projects that protect, restore, or enhance natural lands, water resources, and open space throughout Los Angeles County. Eligible projects must result in the development, improvement, or restoration of multi-benefit parks, trails, and open space that provide meaningful public access while promoting community health, clean local water supplies, habitat protection, biodiversity, and environmental resilience. Priority will be given to projects offering the greatest regional benefit or serving the greatest regional need.

Minimum and Maximum Grant Amount
Minimum Request: $500,000
Maximum Request: $4,000,000
Required Match
No match required. Although leverage of federal or state, park, conservation, water, or climate funding programs is strongly encouraged. This includes applicant use of existing Measure A funding.

Performance Period
The grant term is 4 years from the date of agreement execution. All funded work must be completed within this period. Grantees must begin construction within 24 months of execution of grant agreement and submit regular status updates to RPOSD as a condition of reimbursement. Timely implementation is required to ensure public benefit and alignment with Measure A.

Awarded applicants will have 4 months to execute a grant agreement following award notification. If awarded applicants fail to execute an agreement by that time, RPOSD may, in its sole discretion, reallocate funds to other applicants or sweep the funds.

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Packet Pg. 441 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 2 21
CATEGORY 3 COMPETITIVE GRANT PROGRAM
Eligible Scope
Funds must be used for capital development, improvement, or restoration of park, trails, open space, and recreational land and facilities. Projects must include a clear public benefit and measurable environmental outcomes. Projects must result in publicly accessible improvements that are open for use by the public upon completion, consistent with a Measure A deed restriction. Examples of eligible work include, but are not limited to:
• River, stream, and coastal access improvements
• Habitat restoration and natural lands enhancement
• Stormwater capture and watershed protection
• Tree planting and urban greening in natural spaces
• Recreational and interpretive amenities in beach or open space areas • Lake and wetland restoration projects
• Sustainable improvements to local beaches or riparian corridors • All costs must comply with the GAM
Ineligible scope
Activities ineligible for Measure A reimbursement are outlined in the GAM. They include, but are not limited to:
• Projects that do not result in publicly accessible improvements or that restrict public access
• Acquisition of land or easements
• Recreational or park amenities that do not include clear environmental or natural resource benefits
• Any activity inconsistent with Measure A or the GAM in RPOSD’s sole discretion All projects must demonstrate a clear public benefit, measurable environmental outcomes, and comply with the terms of the Measure A deed restriction.

Application Minimum Requirements (Pass/Fail)
Applications will be administratively reviewed prior to independent evaluation. Applicants must demonstrate the following to proceed to scoring:
 The proposed project is eligible under Category 3
 CEQA is complete or categorically exempt (documentation required)  Site control that supports long-term public access and the ability to record a Measure A deed restriction. Applicants may satisfy this requirement through one of the following:
o Ownership of the property by the applicant; or
o An executed agreement (e.g., lease, joint-use, MOU) that:
 Provides verification that the applicant has at least 30 years of total site control, and

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Packet Pg. 442 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 2 22
CATEGORY 3 COMPETITIVE GRANT PROGRAM
 Has at least 5 years of remaining term at the time of application; or  If fewer than 5 years remain, the applicant must submit a narrative outlining specific steps and a clear timeline for renewing or extending the agreement, along with any supporting correspondence or documentation; or
o For “turnkey” projects where projects are implemented on behalf of a public agency on land owned by the public agency:
o Eligible organizations may apply and implement a project on behalf of a public agency that will serve as the entity responsible for the longterm operation, maintenance, and public accessibility of the completed improvements. In such cases, the application must include:
 A formal letter of support from the public agency, signed by an authorized official and indicating that the public agency:
 Willingly accepts the obligations of the Measure A grant, including the deed restriction and public access
requirements;
 Understands and agrees to maintain the funded
improvements consistent with Measure A and RPOSD
requirements; and
 Will assume responsibility for compliance, long-term
stewardship, and public access upon completion of the
project via an executed Assumption and Assignment
agreement with RPOSD.
o RPOSD reserves the right to request additional documentation to verify that the relationship between the applicant and the public agency is appropriate and enforceable for the purposes of grant administration.  Construction is scheduled to begin within 24 months of grant agreement execution  Complete application submitted, including all required documents and responses  Proof of jurisdictional support to apply for, accept and administer Measure A funds Any application that, in RPOSD’s sole discretion, does not meet the minimum mandatory requirements will be removed prior to the independent evaluation and will not be scored.  Construction is scheduled to begin within 24 months of grant agreement execution  Complete application submitted, including all required documents and responses  Proof of jurisdictional support to apply for, accept, and administer Measure A funds Any application that, in RPOSD’s sole discretion, does not meet the minimum mandatory requirements will be removed prior to the independent evaluation and will not be scored.

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Packet Pg. 443 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 2 23
CATEGORY 3 COMPETITIVE GRANT PROGRAM
Project Cost Brackets
Applications may be evaluated in cost brackets to promote funding across different project sizes.

Bracket Total Grant Request
Small $500,000 - $1,499,999
Medium $1,500,000 – $2,999,999
Large $3,000,000 - $4,000,000
Checklist – Required Application Materials
 Project application (see Appendix 4)
 Proof of site control
 Construction drawings showing at least 50% design completion (or comparable evidence of shovel-readiness)
 CEQA documentation (or categorical exemption)
 Grant boundary map
 Community engagement documentation (if applicable)
 PNA+ Map Screenshot (if applicable)
 Proof of jurisdictional support to apply for, accept, and administer Measure A funds Evaluation Criteria
To ensure that Measure A funds support high-impact, shovel-ready development projects with measurable environmental, community, and equity outcomes, applications submitted under Category 3 – Natural Lands, Local Beaches, Water Conservation & Protection will be evaluated based on the following criteria. This framework prioritizes projects that clearly define what Measure A is funding, demonstrates multi-benefit outcomes, addresses critical environmental and community needs, and are ready to implement within the grant term.

1. Impact, Clarity, and Alignment of Funded Scope – 35 points Assesses how clearly the Measure A-funded scope is defined and whether the proposed work will result in measurable outcomes aligned with Category 3 goals.

Strong applications will:
 Clearly isolate the Measure A-funded scope using a list with deliverables, budget, and schedule.
 Describe how the Measure A-funded scope either achieves or catalyzes Category 3-aligned outcomes.

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Packet Pg. 444 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 2 24
CATEGORY 3 COMPETITIVE GRANT PROGRAM
 If part of a larger project, clarify how the Measure A scope is foundational or catalytic to broader efforts—without overstating indirect impacts.

Evaluators will assess:

1. Clarity and specificity of the Measure A-funded scope (budget, drawings, timeline).

2. Alignment of scope with the submitted budget, schedule, and design documents.

3. The degree to which the funded scope leads to or creates Category 3-eligible benefits.

4. Whether the scope includes outcomes such as water quality, habitat restoration, or public access improvements that are attributable to the Measure A investment.

Required support documents:
 Construction drawings showing at least 50% design completion (or comparable evidence of shovel-readiness)
 Detailed project scope and narrative
 Project budget and timeline

2. Multi-Benefit Value – 35 points
Assesses the breadth and quality of co-benefits delivered by the Measure A-funded scope, such as habitat enhancement, stormwater capture, improved access, or climate resilience.

Strong applications will:
 Demonstrate at least three types of measurable co-benefits aligned with Category 3 objectives.
 Provide quantitative or descriptive metrics (e.g., acres restored, number of new access points, trees planted, etc.).
 Explain how the proposed scope contributes to environmental justice, public health, and/or park equity.
 Quantify or describe expected impact directly attributable to Measure A grant (e.g., square feet of restored habitat, gallons of stormwater managed, number of residents gaining new access).
 Describe interpretive or culturally relevant design features that improve the experience and inclusion of diverse users.
 Describe how prior community engagement efforts have shaped the proposed project.

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Packet Pg. 445 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 2 25
CATEGORY 3 COMPETITIVE GRANT PROGRAM
Evaluators will assess:

1. Environmental benefits (e.g., watershed protection, tree canopy, habitat).

2. Community benefits (e.g., improved mental and physical health, equitable access).

3. Whether the project delivers measurable, sustained improvements in both realms.

Required support documents:
• Grant boundary map clearly showing limit of work for all Measure A-funded scope

3. Readiness and Feasibility – 20 points
This criterion evaluates whether the project is ready to begin construction within 24 months of grant agreement execution and whether any constraints are adequately addressed.

Strong applications will:
 Provide documentation of site control and CEQA clearance (or categorical exemption).
 Identify any site-specific risks (e.g., permitting delays, soil issues) and provide realistic mitigation strategies.
 Present a clear, realistic construction timeline.
 Present a clear, realistic project budget outlining all funding sources and include appropriate levels of contingency.

Evaluators will assess:

1. Site readiness, including CEQA and permitting status.

2. Level of certainty and completeness of design and approvals.

3. Whether the project will deliver timely and lasting public benefit.

4. Rigor of timeline and budget, including tolerances for unforeseen.

Required support documents:
 CEQA documentation
 Proof of site control

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Packet Pg. 446 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 2 26
CATEGORY 3 COMPETITIVE GRANT PROGRAM

4. Capacity and Project Delivery – 10 points
Evaluates the applicant’s experience, team capacity, and project management approach.

Strong applications will:
 Identify qualified project leads or consultants with experience in similar open space, beach, or natural resource development projects.  Describe procurement, fiscal oversight, and progress-tracking procedures.  Provide evidence of successful delivery of similar projects, particularly publicly funded or environmentally complex efforts.

Evaluators will assess:

1. Team qualifications and role clarity.

2. Administrative and technical capacity to execute the proposed project.

3. Past success with comparable efforts.

5. Alignment with PNA and PNA+ (OPTIONAL - up to 32 points) a) High or Very High Need Study Areas based on Parks Needs Assessment – Up to 20 points
 20 points: Project is physically located in Very High Need Study Area.  15 points: Project is physically located in High Need Study Area.  Up to 10 points: Project is not located in a High/Very High Need area but clearly benefits those residents (based on visitation or partnerships). a) Parks Needs Assessment Plus (PNA+) Alignment – Up to 12 points Applicants are required to use the PNA+ Map Viewer available at https://lacountyparkneeds.org/pnaplus-maps/. Applicants must specifically reference location of proposed scope. If no specific location is known, applicant must provide a statement that provides justification for the geographic selection. Points awarded based on number of PNA+ indicators addressed for either “Regional Recreation Need” or “Rural Recreation Need.”  1 Indicator (6 pts)
 2 Indicators (8 pts)
 3+ Indicators (12 pts)

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Packet Pg. 447 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award)

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Packet Pg. 448 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 3 28
CATEGORY 4 COMPETITIVE GRANT PROGRAM
CATEGORY 4 – REGIONAL RECREATION, MULTI-USE TRAILS &

ACCESSIBILITY COMPETITIVE GRANT PROGRAM
Application Deadline: October 30, 2025, at 10AM (Pacific Time) Total Available Funds
$16 million
Purpose and Objectives
The Category 4 Competitive Grant Program supports shovel-ready capital projects that expand or improve regional recreation, multi-use trail systems, and public accessibility to parks and open space across Los Angeles County.

Projects must demonstrate regional significance by serving diverse populations across multiple communities, enhancing multi-jurisdictional trail systems, or delivering substantial recreational improvements that benefit the county at large. Regional projects often connect jurisdictions, serve destination users, or represent a unique resource of countywide value.

Minimum and Maximum Grant Amount
Minimum Request: $500,000
Maximum Request: $4,000,000
Required Match
No match required. Although leverage of federal or state, park, conservation, water, or climate funding programs is strongly encouraged. This includes applicant use of existing Measure A funding.

Performance Period
The grant term is 4 years from the date of agreement execution. All funded work must be completed within this period. Grantees must begin construction within 24 months of execution of grant agreement and submit regular status updates to RPOSD as a condition of reimbursement. Timely implementation is required to ensure public benefit and alignment with Measure A.

Awarded applicants will have 4 months to execute a grant agreement following award notification. If awarded applicants fail to execute an agreement by that time, RPOSD may, in its sole discretion, reallocate funds to other applicants or sweep the funds.

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Packet Pg. 449 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 3 29
CATEGORY 4 COMPETITIVE GRANT PROGRAM
Eligible Scope
Funds must be used for capital development, improvement, or restoration of regional park and trail infrastructure. Projects must demonstrate broad public benefit, strong regional utility, and long-term public access. Eligible activities include but are not limited to:
• Development of new or improved multi-use trails (pedestrian, bicycle, equestrian) • Regional park improvements and amenities. Regional parks are defined as facilities with:
o At least 100 contiguous acres and have three or more active recreational amenities.
o A service area or user base that extends beyond the local neighborhood or city.
• ADA-compliant access paths, connections, or trail enhancements • Rehabilitation, upgrade, or enlargement of substantial public recreational facilities that serve regional or multi-community populations. These facilities are typically characterized by their size, complexity, and intensity of use, and may include—but are not limited to—sports complexes, aquatic centers, amphitheaters, regional skate or bike parks, multi-field athletic venues, or large-scale day-use areas within regional parks
• Facilities that serve regional populations or connect multiple jurisdictions • Interpretive features or signage that enhance accessibility and regional identity • All costs must comply with the GAM
Ineligible Scope
Activities ineligible for Measure A reimbursement are outlined in the GAM. They include, but are not limited to:
• Projects that do not serve a regional-scale population or fail to demonstrate regional significance
• Improvements to parks or facilities that serve only local, neighborhood, or singlejurisdiction use • Projects that do not result in publicly accessible improvements • Capital improvements that are not eligible for a Measure A deed restriction • General operations, programming, or maintenance
• Acquisition of land or easements
• Routine facility upgrades without a broader regional access, recreation, or connectivity purpose (e.g., small-scale restroom upgrades or resurfacing courts in a neighborhood park)
• Administrative buildings, office space, or infrastructure not tied to regional recreational use
• Any activity inconsistent with Measure A or the GAM in RPOSD’s sole discretion.

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Packet Pg. 450 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 3 30
CATEGORY 4 COMPETITIVE GRANT PROGRAM
Projects must clearly demonstrate broad regional impact, long-term public access, and alignment with the goals of Category 4 to be eligible for funding.

Application Minimum Requirements (Pass/Fail)
Applications will be administratively reviewed prior to independent evaluation. Applicants must demonstrate the following to proceed to scoring:
 The proposed project is eligible under Category 4
 Qualifies as regional scale
 CEQA is complete or categorically exempt (documentation required)  Site control that supports long-term public access and the ability to record a Measure A deed restriction. Applicants may satisfy this requirement through one of the following:
o Ownership of the property by the applicant; or
o An executed agreement (e.g., lease, joint-use, MOU) that:
 Provides verification that the applicant has at least 30 years of total site control, and
 Has at least 5 years of remaining term at the time of application; or  If fewer than 5 years remain, the applicant must submit a narrative outlining specific steps and a clear timeline for renewing or extending the agreement, along with any supporting correspondence or documentation; or
o For “turnkey” projects where projects are implemented on behalf of a public agency:
o Eligible organizations may apply and implement a project on behalf of a public agency that will serve as the entity responsible for the longterm operation, maintenance, and public accessibility of the completed improvements. In such cases, the application must include:
 A formal letter of support from the public agency, signed by an authorized official and indicating that the public agency:
 Willingly accepts the obligations of the Measure A grant, including the deed restriction and public access
requirements;
 Understands and agrees to maintain the funded
improvements consistent with Measure A and RPOSD
requirements; and
 Will assume responsibility for compliance, long-term
stewardship, and public access upon completion of the
project via an executed Assumption and Assignment
agreement with RPOSD.
o RPOSD reserves the right to request additional documentation to verify that the relationship between the applicant and the public agency is appropriate and enforceable for the purposes of grant administration.

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Packet Pg. 451 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 3 31
CATEGORY 4 COMPETITIVE GRANT PROGRAM
 Construction is scheduled to begin within 24 months of grant agreement execution  Complete application submitted, including all required documents and responses  Proof of jurisdictional support to apply for, accept and administer Measure A funds Any application that, in RPOSD’s sole discretion, does not meet the minimum mandatory requirements will be removed prior to the independent evaluation and will not be scored.

Regional Scale Requirement
Category 4 is intended to fund development projects that serve, connect, or impact a region at large—beyond a single neighborhood, city, or park agency boundary. Projects consisting of small-scale neighborhood improvements—such as playgrounds, fitness zones, or localized upgrades within a neighborhood park—will not be considered regional in scale unless they are clearly part of a broader regional system and meet the criteria below.

To qualify as regional-scale, a project must demonstrate benefits that go beyond the immediate community, advance countywide or regional goals, and be designed to serve a broad and diverse population—not just nearby residents.

Projects must meet at least three of the following criteria to be considered regional-scale:
 Serve multiple jurisdictions or census-defined communities  Demonstrated usage by visitors from beyond the local area  Advance a priority identified in a Countywide, State, or Regional Plan  Address a regional service gap, provide a key access point to a regional resource, or create a linkage within a larger regional network
 Involve partnerships or joint implementation with other cities, counties, or regional agencies
Applications that do not meet the Regional Scale Requirement will be disqualified and not considered for Category 4 funding.

Project Cost Brackets
Applications will be categorized into cost brackets for evaluation.

Bracket Total Grant Request
Small $500,000 - $1,499,999
Medium $1,500,000 – $2,999,999
Large $3,000,000 - $4,000,000

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Packet Pg. 452 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 3 32
CATEGORY 4 COMPETITIVE GRANT PROGRAM
Checklist – Required Application Materials
 Project application (see Appendix 4)
 Proof of site control
 Construction drawings showing at least 50% design completion (or comparable evidence of shovel-readiness)
 CEQA documentation (or categorical exemption)
 Grant boundary map
 Community engagement documentation (if applicable)
 PNA+ Map Screenshot (if applicable)
 Proof of jurisdictional support to apply for, accept, and administer Measure A funds Evaluation Criteria
To ensure that Measure A funds support transformative, shovel-ready capital projects that expand access to regional recreation and multi-use trails across Los Angeles County, Category 4 applications will be evaluated based on the following scoring criteria. This framework prioritizes projects that are clearly scoped, delivers regional-scale improvements, reflects broad community input, and advances environmental, health, and accessibility outcomes across jurisdictions.

1. Impact, Clarity, and Alignment of Funded Scope – 30 points Evaluates how clearly the Measure A-funded scope is defined, and whether it supports a regional amenity that aligns with Category 4 goals.

Strong applications will:
 Clearly isolate the Measure A-funded scope using a list with deliverables, budget, and schedule.
 Describe how the Measure A-funded scope either achieves or catalyzes Category 4-aligned outcomes.
 If part of a larger project, clarify how the Measure A scope is foundational or catalytic to broader efforts—without overstating indirect impacts.  Define how the funded work contributes to a regional park, trail network, or countywide recreation asset.
 Clarify how the scope enables development of a publicly accessible facility of regional significance.

Evaluators will assess:

1. Clarity and specificity of the Measure A-funded scope (budget, timeline, drawings).

2. Whether the work is part of a larger regional plan or regional asset.

3. Quality of access to Measure A funded scope.

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Packet Pg. 453 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 3 33
CATEGORY 4 COMPETITIVE GRANT PROGRAM
Required Support Documents:
 Construction drawings showing at least 50% design completion (or comparable evidence of shovel-readiness)
 Grant boundary map

2. Regional Scale – 25 points
Assesses how the project enhances regional access and physical connections, particularly those linking high-priority natural, urban, and recreational areas (e.g., County Parks, National Forests, coastal areas).

Strong applications will:
 Provide new or improved multi-use trails, ADA linkages, trailheads, or connections to existing regional facilities.
 Include amenities that enhance access (e.g., signage, lighting, safety features).  Demonstrate how the project improves or expands connections across jurisdictions or between urban and natural areas.

Evaluators will assess:

1. Regional scale and function of the improvements.

2. Degree to which the project improves access to major trail networks or parks.

3. Quality and safety of access features (e.g., lighting, signage, staging areas).

3. Multi-Benefit Impacts – 15 points
Evaluates the range and quality of benefits delivered by the project, such as community health, environmental sustainability, and social resilience.

Strong applications will:
 Address at least three distinct areas of benefit: e.g., stormwater management, ADA improvements, active transportation, climate mitigation, or social cohesion.  Include clear design strategies that promote safety, accessibility, inclusion, and climate resilience.
 Demonstrate how these features are integrated into the Measure A-funded scope.
 Describe interpretive or culturally relevant design features that improve the experience and inclusion of diverse users.
 Describe how prior community engagement efforts have shaped the proposed project.

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Packet Pg. 454 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 3 34
CATEGORY 4 COMPETITIVE GRANT PROGRAM
Evaluators will assess:

1. Presence of physical features that reduce heat, improve air/water quality, support biodiversity, or other multi-benefit features.

2. Integration of design features promoting social cohesion or health (e.g., gathering areas, exercise equipment).

3. Strength of design elements that support underserved or patrons of all physical abilities.

4. Readiness, Feasibility & Timeliness – 20 points
Evaluates whether the project is shovel-ready and able to begin construction within 24 months.

Strong applications will:
 Demonstrate complete or exempt CEQA status and provide proof of site control.  Identify any adverse conditions (e.g., permitting, topography, environmental remediation) and present a plan to address them.
 Include a clear construction schedule and realistic budget, with contingencies.

Evaluators will assess:

1. CEQA and site control status.

2. Risk mitigation strategies.

3. Realism of construction start and closeout milestones.

4. Rigor and sophistication of construction budget.

Required Support Documents:
 CEQA documentation
 Proof of site control

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Packet Pg. 455 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 3 35
CATEGORY 4 COMPETITIVE GRANT PROGRAM

5. Capacity & Project Delivery – 10 points
Assesses whether the applicant and project team can deliver a complex, regional-scale project on time and within budget without sacrificing community involvement.

Strong applications will:
 Identify staff and consultants with experience delivering similar regional facilities or trail projects.
 Describe procurement methods, oversight systems, and delivery strategies.  Provide past examples of successful publicly funded projects with comparable complexity.
 List partners and their roles.

Evaluators will assess:

1. Team qualifications and delivery model.

2. Ability to coordinate across jurisdictions or agencies.

3. History of on-time/on-budget delivery.

6. Alignment with PNA and PNA+ (OPTIONAL - up to 32 points) a) High or Very High Need Study Areas based on Parks Needs Assessment – Up to 20 points
 20 points: Project is physically located in Very High Need Study Area.  15 points: Project is physically located in High Need Study Area.  Up to 10 points: Project is not located in a High/Very High Need area but clearly benefits those residents (based on visitation or partnerships). b) Parks Needs Assessment Plus (PNA+) Alignment – Up to 12 points Applicants are required to use the PNA+ Map Viewer available at https://lacountyparkneeds.org/pnaplus-maps/. Applicants must specifically reference location of proposed scope. If no specific location is known, applicant must provide a statement that provides justification for the geographic selection. Points awarded based on number of PNA+ indicators addressed for either “Regional Recreation Need” or “Rural Recreation Need.”  1 Indicator (6 pts)
 2 Indicators (8 pts)
 3+ Indicators (12 pts)

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Packet Pg. 456 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award)

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Packet Pg. 457 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 4 37

APPLICATION QUESTIONS AND REQUIRED SUPPORT DOCUMENTS
Planning and Design
Application Questions and Required Support Documents

1. What specific planning and design activities will be funded by this grant? Check all that apply:
 Conceptual or schematic design
 Design development or construction documents
 CEQA analysis or documentation
 Site feasibility or technical assessments
 Permitting
 Community engagement related to design
 Other (please describe): __________

2. What Category is this application for?
 Natural Lands, Local Beaches, Water Conservation & Protection (Category 3)  Regional Recreation, Multi-use Trails & Accessibility (Category 4)

3. Describe the scope of work funded by Measure A. (500 words maximum) • Be specific. Use bullet points for clarity.
• Clearly define activities and deliverables of Measure A-funded scope. • If this is part of a larger effort, explain the direct benefits of Measure A funding. • Include what the work will produce (e.g., 50% construction documents, Hydrology study).
• Describe how this planning phase will enable a larger future Measure A eligible development project.

4. Provide a project timeline (with milestones) and be specific on what Measure A will fund.

5. Provide a project budget.
• Clearly identify costs covered by Measure A funding request and any additional funding sources required for project completion.
• Identify if additional funding sources are secured or identified. • List contingency assumptions if applicable.

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Packet Pg. 458 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 4 38

APPLICATION QUESTIONS AND REQUIRED SUPPORT DOCUMENTS

6. What is the CEQA status of the work funded by this grant?  Completed (upload documentation)
 Not required (provide justification, 100 words maximum)  To be completed with this grant

7. Describe site control for the proposed project.
 Property Owner
 Letter of intent, draft agreement, or executed agreement that is consistent with the requirements for site control as defined in the Guidelines.

Narrative: Explain how long-term public access will be secured (max 200 words).

Upload required:
• Proof of site control

8. Are there known site constraints (e.g. contamination, topography)? Are there known site constraints that may affect project implementation (e.g., contamination, permitting, topography)?
 Yes – Describe constraints and your mitigation plan (500 words maximum)  No – Due diligence has been performed and no major constraints exist. Describe what due diligence was performed (500 words maximum)
 Unknown – Site not yet fully assessed. Describe your plan to characterize and address (500 words maximum)

9. Describe how funding the proposed work will make the project more competitive for Measure A development funds or other capital funding in the future? (500 words maximum)

10.What community engagement has occurred for this project to date? Describe methods, number and type of participants, and how prior input has informed the project. (Prior support documents may be submitted) (500 words maximum)

11.What community engagement will occur as part of this grant? (500 words maximum)

12.Are you partnering with any community-based organizations (CBOs) or stakeholder groups?
 Yes (Name and describe role(s))
 No

13.Who will manage this project? Provide names, roles, and relevant experience of key staff or consultants. (Max 500 words)

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Packet Pg. 459 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 4 39

APPLICATION QUESTIONS AND REQUIRED SUPPORT DOCUMENTS

14.Describe your project delivery approach. (500 words maximum) • How will you procure, oversee, and track the work?
• Include fiscal and quality control procedures.

15.Describe your past experience delivering similar planning or technical projects funded by public grants. (500 words maximum)

16.Is the project site located in a High or Very High Need Study Area? Provide address and APN, if possible.
 Very High Need
 High Need
 No
 If not, will the project meaningfully benefit High/Very High Need residents? Explain (500 words maximum) including partnerships, visitation patterns, and outreach strategies.

Location (100 words maximum):

17.Check the applicable indicators based on PNA+ Map Viewer for either Regional Recreation Need for Rural Recreation Need:
 1 indicator
 2 indicators
 3+ indicators
Upload required:
• PNA+ screenshot.

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Packet Pg. 460 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 4 40

APPLICATION QUESTIONS AND REQUIRED SUPPORT DOCUMENTS
Category 3 - Natural Lands, Local Beaches, Water
Conservation and Protection Competitive Grant Program
Application Questions and Required Support Documents

1. Describe the specific scope of work that Measure A will fund. (500 words maximum) • Be specific. Use bullet points for clarity.
• Clearly define activities and deliverables of Measure A-funded scope. • If this is part of a larger effort, explain the direct benefits of Measure A funding.

Upload required:
• Boundary map for the Measure A-funded scope

2. Describe the Category 3 benefits directly attributable to this funding. Do not include scope elements that are not directly a result of Measure A funds. (500 words maximum)
• What environmental or community outcomes will result from this grant scope? • What multi-benefit outcomes the project will deliver (e.g., water quality improvement, heat mitigation, community health).
• Include quantitative or descriptive metrics (e.g., number of trees, acres restored, number of residents gaining access).

3. Describe the shovel readiness of the project. (250 words maximum) Upload required:
• Construction drawings showing at least 50% design completion (or comparable evidence of shovel-readiness)

4. Provide a detailed project timeline, including major milestones such as when construction will begin and when the project will open to the public.

5. Provide a project budget.
• Clearly identify costs covered by Measure A funding request and any additional funding sources required for project completion.
• Identify if additional funding sources are secured or identified. • List contingency assumptions if applicable.

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Packet Pg. 461 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 4 41

APPLICATION QUESTIONS AND REQUIRED SUPPORT DOCUMENTS

6. What is the CEQA status of this project?
 Complete – CEQA documentation uploaded
 Categorically exempt – Upload explanation and exemption type (500 words maximum)
 Not complete – Upload CEQA schedule and responsible party Upload required:
• CEQA documentation or exemption

7. What is the current land tenure status of the project site?  Property Owner
 Executed agreement between applicant and property owner, consistent with the requirements for Site Control as defined in the Guidelines  Public agency sponsored development that is consistent with the requirements for site control as defined in the Guidelines
Narrative (max 200 words): Explain how long-term public access will be secured and maintained.

Upload required:
• Proof of site control

8. Are there known site constraints that may affect project implementation (e.g., contamination, permitting, topography)?
 Yes – Describe constraints and your mitigation plan (500 words maximum)  No – Due diligence has been performed and no major constraints exist. Explain what due diligence was performed (500 words maximum)
 Unknown – Site not yet fully assessed. Describe your plan to characterize and address (500 words maximum)

9. Describe how Measure A funding would advance or unlock larger project phases or plans. (500 words maximum)
• Include examples of how it complements existing regional, watershed, or conservation plans.
• Explain why now is the right time to fund this project.

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Packet Pg. 462 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 4 42

APPLICATION QUESTIONS AND REQUIRED SUPPORT DOCUMENTS

10.What community engagement has occurred for this project? (500 words maximum) • Summarize outreach conducted to date.
• Include methods used, demographics or populations engaged, and how input has shaped the project.

Optional upload: Community engagement summary, meeting materials

11. Are you partnering with any community-based organizations (CBOs) or stakeholder groups?
 Yes (Name and describe role(s))
 No

12. Who will manage this project? Provide names, roles, and relevant experience of key staff or consultants. (500 words maximum)

13. Describe your project delivery approach. (500 words maximum) • How will you procure, oversee, and track the work?
• Include fiscal and quality control procedures.

14. Describe your past experience delivering similar development projects, especially those funded by public or environmental grant programs. (500 words maximum)

15. Is the project site located in a High or Very High Need Study Area as determined by Parks Needs Assessment? Provide address and APN, if possible.  Very High Need
 High Need
 No
 If not, will the project meaningfully benefit High/Very High Need residents? Explain (500 words maximum) including partnerships, visitation patterns, and outreach strategies.

Location (100 words maximum):

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Packet Pg. 463 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 4 43

APPLICATION QUESTIONS AND REQUIRED SUPPORT DOCUMENTS

16. Check the applicable indicators based on PNA+ Map Viewer for either Regional Recreation Need for Rural Recreation Need:
 1 indicator
 2 indicators
 3+ indicators
Upload required:
• PNA+ screenshot.

4.C.c
Packet Pg. 464 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 4 44

APPLICATION QUESTIONS AND REQUIRED SUPPORT DOCUMENTS
Category 4 – Regional Recreation, Multi-Use Trails &
Accessibility Competitive Grant Program
Application Questions and Required Support Documents

1. Describe the scope of work funded by Measure A. (500 words maximum) • Be specific. Use bullet points for clarity.
• Clearly define activities and deliverables of Measure A-funded scope. • If this is part of a larger effort, explain the direct benefits of Measure A funding. • Be clear how this scope meets the requirement of “regional-scale” Upload required:
• Boundary map for the Measure A-funded scope

2. Describe the Category 4 benefits directly attributable to this funding. Do not include scope elements that are not directly a result of Measure A funds. (500 words maximum)
• What specific improvements to connectivity, recreation, or access will this scope deliver?
• How do these improvements serve visitors from multiple jurisdictions or across the county?
• Include regional scale, user base, and anticipated impacts using quantitative or descriptive metrics (e.g., miles of trail, daily visitors, connections to regional facilities).

3. Describe the shovel readiness of the project. (250 words maximum) Upload required:
• Construction drawings showing at least 50% design completion (or comparable evidence of shovel-readiness)

4. Provide a detailed project timeline, including major milestones such as when construction will begin and when the project will open to the public.

5. Provide a project budget.
• Clearly identify costs covered by Measure A funding request and any additional funding sources required for project completion.
• Identify if additional funding sources are secured or identified. • List contingency assumptions if applicable.

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Packet Pg. 465 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 4 45

APPLICATION QUESTIONS AND REQUIRED SUPPORT DOCUMENTS

6. What is the CEQA status of this project?
 Complete – CEQA documentation uploaded
 Categorically exempt – Upload explanation and exemption type (500 words maximum)
 Not complete – Upload CEQA schedule and responsible party Upload required:
• CEQA documentation or exemption

7. What is the current land tenure status of the project site?  Property Owner
 Executed agreement between applicant and property owner, consistent with the requirements for Site Control as defined in the Guidelines  Public agency sponsored development that is consistent with the requirements for site control as defined in the Guidelines
Narrative (max 200 words): Explain how long-term public access will be secured and maintained.

Upload required:
• Proof of site control

8. Are there known site constraints that may affect project implementation (e.g., contamination, permitting, topography)?
 Yes – Describe constraints and your mitigation plan (500 words maximum)  No – Due diligence has been performed and no major constraints exist. Explain what due diligence was performed (500 words maximum)
 Unknown – Site not yet fully assessed. Describe your plan to characterize and address (500 words maximum)

9. Describe how Measure A funding would advance or unlock larger project phases or plans. (500 words maximum)
• Describe how the proposed scope fits into broader regional or jurisdictional plans. • Include trail network, open space system, or regional park planning linkages. • Explain why this phase is timely.

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Packet Pg. 466 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award) Los Angeles County Regional Park and Open Space District APPENDIX 4 46

APPLICATION QUESTIONS AND REQUIRED SUPPORT DOCUMENTS

10.What community engagement has occurred for this project? (500 words maximum) • Summarize outreach conducted to date.
• Include methods used, demographics or populations engaged, and how input has shaped the project.

Optional upload: Community engagement summary, meeting materials

11.Are you partnering with any community-based organizations (CBOs) or stakeholder groups?
 Yes (Names and describe role(s))
 No

12.Who will manage this project? Provide names, roles, and relevant experience of key staff or consultants. (500 words maximum)

13.Describe your project delivery approach. (500 words maximum) • How will you procure, oversee, and track the work?
• Include fiscal and quality control procedures.

14.Describe your past experience delivering similar development projects, especially those funded by public or environmental grant programs. (500 words maximum)

15.Is the project site located in a High or Very High Need Study Area? Provide address and APN, if possible.
 Very High Need
 High Need
 No
 If not, will the project meaningfully benefit High/Very High Need residents? Explain (500 words maximum) including partnerships, visitation patterns, and outreach strategies.

Location (100 words maximum):

16.Check the applicable indicators based on PNA+ Map Viewer for either Regional Recreation Need for Rural Recreation Need:
 1 indicator
 2 indicators
 3+ indicators
Upload required:
• PNA+ screenshot.

4.C.c
Packet Pg. 467 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award)

4.C.c
Packet Pg. 468 Attachment: RPOSD 2025 Cycle Competitive Grant Programs Guidelines (7665 : Measure A Airport Conversion Grant Award)

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

CITY OF SANTA MONICA,
Petitioner,
v.

Civil Action No. 13-CV-8046-JFW (VBK.x)
UNITED STATES OF AMERICA, et al.

Respondent.

STIPULATION AND ORDER/CONSENT DECREE
It is stipulated by and between the undersigned parties by their respective attorneys that:

1. The Court has jurisdiction over each of the parties, and venue of this action is proper in the United States District Court for the Central District of California.

2. The City of Santa Monica (the City) filed this case seeking to quiet title to certain properties and the United States disputes these claims. Live controversies exist between the parties including these and other issues.

3. The parties consent to the Court's entry of the Settlement Agreement in the form attached to this Stipulation and Order/Consent Decree.

4. The parties' execution of this Stipulation and Order/Consent Decree and the Settlement Agreement shall settle and resolve any and all claims of the City arising from the events giving rise to . ·. ",t
the allegations described in the Complaint in this action and in ce,#~n other pr9..ceedings between the ·ii • parties, as provided in the Settlement Agreement.
1 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 1 of 72 Page ID #:945 4.C.d Packet Pg. 469 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award)

5. Neither this Stipulation and Order/Consent Decree nor the attached Settlement Agreement shall be construed to preclude the United States or the Federal Aviation Administration from bringing an action against the City for any violation(s) of any laws, regulations or orders other than those addressed in the Settlement Agreement.

6. In the event that the proposed Settlement Agreement is not entered pursuant to this Stipulation and Order/Consent Decree, this Stipulation shall become null and void and shall be ofno effect whatever, and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.
'•,1
2 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 2 of 72 Page ID #:946 4.C.d Packet Pg. 470 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) 3 Reginald C. Govan
Chief Counsel
Fcde1·al Aviation Administration
For the Department of Justice

JOYCE BRANDA
Acting Assistant Attorney General
EILEEN M. DECKER
United States Attorney

JUDRY SUBAR
Assistant Branch Director
·ation:

RAPHAEL 0. GOMEZ (D.C. Bar #305540)
Senior Trial Counsel
U.S. Department of Justice
Civil Division. Federal Progrmhs Branch
P.O. Box 883
Washington, D.C. 20044
Telephone: (202) 514-1318
Facsimile· (202) 616-8460
Rapha ·I. ome :,usdoj.gov
GA.It
Trial orney
U.S. Departmcnl of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington. D.C. 20044
Telephone: (202) 5 I 4-4686
Fa": (202) 616-8460
Email: Gary_,[email protected]
Dated: j~~/f+ .. ; . >;..:· - 7-
Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 3 of 72 Page ID #:947 4.C.d Packet Pg. 471 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) 4 For the City of Santa Monica:

JOSEPH LAWRENCE
Interim City Attorney
LANCE S. GAMS
Chief Deputy City Attorney
IV AN 0. CAMPBELL
Deputy City Attorney
1685 Main Street, Third Floor
Santa Monica, CA 90401-3295
Telephone: 310-458-8336
Facsimile: 310-393-6727
ARTUROJ.GONZALEZ
[email protected]
Morrison & Forester LLP
425 Market Street
San Francisco, CA 94105
Telephone: 415-268-7000
Facsimile: 415-268-7522 '
WILLIAM V. O'CONNOR, JR.

[email protected]
JOANNA L. SIMON
J [email protected]
Morrison & Foerster LLP
12531 High Bluff Drive, Suite 100
San Diego, CA 92130
Telephone: 858-720-5100
Facsimile: 858-720-5125
. '',1
.. ,/ " WILLIAM'V. O'C()NNOR, JR . . >-7/ ~
Dated: January3u , 2017
Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 4 of 72 Page ID #:948 4.C.d Packet Pg. 472 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ORDER
IT IS SO ORDERED by this Court, this ____ day of January, 2017, at Los Angeles, California.

Honorable John F. Walter
United States District Court
For the Central District of California
5 ",t
Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 5 of 72 Page ID #:949 4.C.d Packet Pg. 473 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award)

SETTLEMENT AGREEMENT/CONSENT DECREE BETWEEN THE FEDERAL

AVIATION ADMINISTRATION AND THE CITY OF SANTA MONICA
The United States of America, acting through the Federal Aviation Administration (FAA) and the City of Santa Monica, CA (City) (collectively, the Parties) enter into this Settlement Agreement (Agreement), by and through their undersigned representatives, to resolve the disputes outlined below and pertaining to the operation of the Santa Monica Municipal Airport (Airport or SMO). This Agreement, once signed by the FAA and the City, shall be presented to the U.S. District Court for the Central District Court of California (U.S. District Court) for entry as a Consent Decree.

Background
Airport Property & Runway
SMO is generally composed of two parcels of property.

1. First Parcel. The first parcel consists of approximately one hundred and seventy acres that the City of Santa Monica (City) leased to the U.S. gqvernment during World War II. (This parcel is referred to herein as the First Parcel and is more fully described as the premises referred to as "Clover Field, Santa Monica Municipal Airport" in the leases, as modified, that are referred to in that certain Instrument of Transfer, dated as of August 10, 1948, between the United States of America and the City that was recorded at Book 28055, Pages 211 through 222, inclusive, in the Official Records of Los Angeles County, California (the IOT).)

2. Second Parcel. The second parcel consists of approximately eighteen acres with respect to which the United States of America duly executed a Quitclaim Deed dated April 8, 1949, and recorded at Book 30037, Pages 364 though 370, inclusive, in the Official Records of Los Angeles County, California (the Quitclaim Deed), conveying its interests in said parcel to the City. (This parcel is referred to herein as the Second Parcel.) (The First Parcel and the Second Parcel, together with any other right, title and interest in any premises, structures, improvements or other property CO!J.Y~y.-yed by the United States of "1', ·' .

America to the City in the IOT or the Quitclaim Deed, arf c<?llectiyely~;referred to herein as Airport Property). · _,.'h · ~\
Airport Runway. The Airport's current runway of 4,973 feet occupies land in both the First Parcel and Second Parcel, and also includes adjoining land that the Douglas Aircraft Company conveyed to the City by grant deed in 1945.
1 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 6 of 72 Page ID #:950 4.C.d Packet Pg. 474 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) District Court Litigation
On August 10, 1948, pursuant to the Surplus Property Act of 1944 (SPA), the U.S. Government and the City executed an "Instrument of Transfer" (IOT) by which the U.S. Government surrendered its leaseholds and which the U.S. Government contends imposed certain restrictions on the future use of the Airport property including that:
the land, buildings, structures, improvement and equipment in which this instrument transfers any interest shall be used for public airport purposes for the use and benefit of the public, on reasonable terms and with unjust discrimination and without grant or exercise of any exclusive right ....

The I OT further provides that "the restrictions ... shall run with the land .... " and requires that:
the entire landing area . . . be maintained for the use and benefit of the public at all times in good and serviceable conditions, provided, however, that such maintenance shall be required as to structures, improvement, facilities and equipment only during the remainder of their estimated life ....

On April 8, 1949, the U.S. government effected a Quit Claim Deed, transferring its interests in all or substantially all of the Second Parcel to the City.

On October 31, 2013, the City sued the FAA under the Quiet Title Act regarding the meaning and effect of the IOT. City of Santa Monica v. United States of America, et al., Case No. CV 13- 08046 JFW (VBKx). The City's claim seeks, in ~art, a declaratory judgment providing that the City has unencumbered title to the Airport Property .
.On February 13, 2014, the U.S. District Court dismissed the City's claim based on the statute of limitations. However, on March 11, 2016, the U.S. Court of Appeals for the Ninth Circuit reversed the District Court's dismissal and remanded the case to the District Court. Trial is currently set for August 29, 2017.

Circuit Court Litigation
On June 27, 1994, the City accepted a $1,604,700.00 federal grant for certain improvements at the Airport pursuant to the terms of a grant agreement that the ~1 ~es agree remained irt.~ffect
for twenty years. On August 27, 2003, the City and'the FAA e~icu!ed a graiffamendment that provided $240,600.00 in federal funds to the City. The Parties·'elispfae whether the terms of the grant remain in effect for twenty years from the date of the acceptance of the amendment or for twenty years from the date of the acceptance of the initial agreement in which case they have expired. ..
2 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 7 of 72 Page ID #:951 4.C.d Packet Pg. 475 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) In response to a complaint filed pursuant to 14 C.F.R. part 16, on August 15, 2016, the FAA issued a Final Agency Decision (F AD}holding that by accepting the additional funds, the grant expiration elate was extended until August 27, 2023. Nat 'l Bus. Aviation Assoc., v. City of Santa Monica, FAA Docket No. 16-14-04. The City sought review of the FAD in the U.S. Court of Appeals for the Ninth Circuit. City of Santa Monica v. FAA, Case No. 16-72827 (9th Cir.).

Federal Administrative Proceedings
The FAA issued a Notice of Investigation (NOI) to determine, in part, whether the City is violating its federal obligations to provide access to the fixed based operators (FBOs). In re Compliance with Fed. Obligations by the City of Santa Monica, FAA Docket No. 16-16-13. The NOI is based on the City's handling of the tenancy of the Airport's FBOs, the possible ban on the sale of unleaded fuels, and the City's declared intent to provide certain aeronautical services at SMO on an exclusive basis (proprietary exclusive). The City filed a response to the NOI asserting that it has fully complied with its obligations in regard to these matters.

On December .12, 2016, the FAA issued an Interim Cease and Desist order ordering the City to cease and desist from removing the FBO' s until the FAA issues a final agency decision under the NOL No final decision has been reached regarding the NOL NOW, THEREFORE, in consideration of the mutual covenants and other consideration described herein, the the Parties agree it is in the interest of the public and civil aviation to AGREE as follows:

I. COMPLETE SETTLEMENT OF ALL CLAIMS
Within 30 days of this Agreement's execution, the Parties shall jointly move in City of Santa Monica v. United States of America, et al., Case No. 13-CV-8046-JFW (VBKx) (C.D. Cal.), for entry of this Agreement as a Consent Decree and for a stay of the the litigation pending the decision on the Consent Decree. Also within 30 days of this Agreement, the Parties shall jointly move to stay City of Santa Monica v. Federal Aviation Administration, No. 16-72827, (9th Cir.), pending the entry of the Consent Decree. Within 14 days of the entry of the Consent Decree, the City shall dismiss with prejudice City of Santa Monica v. Federal Aviation Administration, No. 16'-72827, (9th Cir.). Furthermore, the Parties agree that entry of the Consent Decree shall resolve all pending disputes at issue in In re Compliance with Fe<l,eral Obligations by th_e·:·City of Santa Monica, FAA NO. 16-16-13 (U.S. Dep't ofTransp., Fed~~{iation_Admin.), and that the FAA shall therefore dismiss the NOL · :t ;'\
In addition, the FAA shall send a letter in substantially the form of Exhibit A to this Agreement to private parties that have filed Part 16 complaints raising issues within the scope of this Agreement requesting that the parties withdraw those complaints. The Parties acknowledge that the FAA does not have authority to require private parties to withdraw their Part 16 complaints 3 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 8 of 72 Page ID #:952 4.C.d Packet Pg. 476 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) and that the FAA must consider any complaints not withdrawn. Thus, the Parties further acknowledge that no action of a private party in a Part 16 proceeding can constitute a breach of this Agreement.

Unless modified by the court having jurisdiction over the Consent Decree, the Decree shall expire on December 31, 2028. The Parties agree that the expiration of the Decree shall have no effect on the terms or condition of this Agreement, which terms or 9onditions shall survive the expiration of the Decree.

Further, the Parties agree that this Agreement upon entry of the Consent Decree shall resolve all claims by the Parties that have been brought, or could have been brought, in City of Santa Monica v. United States of America, et al., Case No. 13-CV-8046-JFW (VBKx) (C.D. Cal.), City of Santa Monica v. Federal Aviation Administration, No. 16-72827, (9th Cir.), or In re Compliance with Federal Obligations by the City of Santa Monica, FAA NO. 16-16-13 (U.S.

Dep't of Transp., Fed. Aviation Admin.), including all the Parties' actual or potential claims pertaining to the past operation of the Airport by the City pertaining to tenants, non-tenant aircraft and FBOs.

If one of the Parties alleges a .breach of the terms or conditions of this Agreement, the exclusive venue for remedying such a breach shall be the court having jurisdiction over the Consent Decree.

In the event the court in City of Santa Jvfonica v. United States of America, et al., Case No. 13- CV-8046-JFW (VBKx) (C.D. Cal.) does not enter the Consent Drecree as-written, the Parties shall confer and, as soon as feasible, decide whether to move the court to enter a modified Consent Decree. If the Parties have not reached an agreement on the form of the revised Consent Decree within 3 0 days, the Parties shall jointly move to lift the stays of litigation in City of Santa Monica v. United States of America, et al., Case No. 13-CV-8046-JFW (VBKx) (C.D. Cal.) and City of Santa Monica v. Federal Aviation Administration, No. 16-72827, (9th Cir.). The FAA shall also at that time resume proceedings in In re Compliance with Federal Obligations by the City of Santa Monica, FAA NO. 16-16-13 (U.S. Dep't ofTransp., Fed. Aviation Admin.). In such event each Party agrees that this Agreement shall be of no force and effect and may not be used by either Party for any purpose whatsoever.

II. RUNWAY
A. Runway Length. The Parties agree that the Airj,ort~,s runway shall have an operational.runway length of 3,500 feet. The 3,500 foot distance shall not include the runway safety areas that shall be constructed and maintained at both runway ends. The runway safety area may include an engineered materials arrestor system (EMAS) atthe City's option. The Parties further agree that the Airport shall accomodate aircraft operations that can safely take off 4 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 9 of 72 Page ID #:953 4.C.d Packet Pg. 477 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) and land on a runway of the agreed-on length. Prior to the initiation of shortening the runway, the City shall comply with the 30 day notice provisions of 14 C.F.R. Part 157.5(b)(2).

B. Costs to Shorten the Runway. The costs to shorten the runway, including but not limited to the installation of EMAS, shall be borne by the City. If sought by the City, the FAA will provide technical support to the City through the FAA' s Office of Airports to assist in obtaining federal funds to support the shortening of the runway, as consistent with federal laws, regulations and the availability of funds.

C. Environmental Studies. The City shall be responsible for complying with its state and federal environmental requirements related to its planning and implementation of modifications at SMO. The City's responsibility shall include the cost of conducting any necessary environmental studies or other requirements under the National Environmental Policy Act (NEPA). 42 U.S.C. § 4321 et seq.

III. USE AND RELEASE OF PROPERTY
Consistent with the ultimate configuration of the runway pursuant to Section II, the FAA agrees that prior to closure of the Airport, the City may use the property no longer needed for the the Airport with a shortened or reconfigured runway, taking into consideration standard safety areas, including the use of EMAS, for non-aeronautical uses that are safe and compatible with the operation of the Airport. Such land shall be subject to an avigation easement for the period the airport is operated which shall be recorded contemporaneously with any instrument releasing such property. A copy of the form of avigation easement is attached hereto as Exhibit B. This agreement does not constitute FAA approval of any particular future use.

IV. CITY'S PROPRIETARY EXCLUSIVE RIGHT--
A. FAA's Acknowledgement of the City's Right
The City may exercise its proprietary exclusive right to provide aeronautical services at SMO, including but not limited to the sale and into-plane delivery of all types of aviation fuels, in accordance with generally-applicable_ rules governing the exercise of proprietary exclusive rights.

B. City's Obligations
The City shall provide any proprietary exclusive aeronautical s~.:cy.Jces at SMO (i) in -_ conformance with the standard of grant assurance 22 (ii) on rea~:bri~ble tennffo reasonable rates, and (iii) during all hours that such services would normally be· ~tov'tded at comparable general aviation airports, taking into account permissible curfews provided for in section V. The City further agrees that, if the City does not fully provide a type of service at any point in time and a private FBO desires to provide such a service, that operator shall have reasonable access to the airport on commercially reasonable terms and in conformance with the standards of grant assurance 22. See 79 Fed. Reg. 18755 (April 3, 2014).
5 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 10 of 72 Page ID #:954 4.C.d Packet Pg. 478 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) C. Timing of the City's Exercise of Its Right
Subject to the City's right pursuant to subsection D, below, the City will not implement any proprietary exclusive operations, as defined above, until the work to shorten the runway, as provided in Section II above, is complete.

D. Leases for Private Aeronautical Service Providers Prior to the City's Exercise of Its Right
Leases offered to all tenants providing aeronautical services shall be on reasonable terms and in substantially the same form as that attached as Exhibit C. For purposes of this Agreement, the phrase "reasonable terms" shall mean terms that are customary and usual at similarly situated and sized general aviation airports.

The City shall offer all current tenants providing aeronautical services leases of no less than three (3) years with reasonable terms appropriate to the aeronautical service usually and customarily provided such service at similar facilities, including but not limited to tenant investment and financing requirements.

The City shall also offer leases to all prospective tenants providing aeronautical services for which there is space at SMO subject to reasonable terms and consistent with the standards of grant assurance 22, provided the City is not itself providing such services on a proprietary exclusive basis. I
I
Any and all leases providing aeronautical services may, at the City's election, be subject to termination upon six months written notice of the City's exercise of its proprietary exclusive right to provide the category of services otherwise being provided by private FBOs, provided the City is ready, willing, and able to fully provide such aeronautical service in accordance with applicable law.

V. AIRPORT CURFEW
The City may submit an application for enhanced curfews consistent with 14 CF .R. part 161 (Part 161). Review of such an application shall be conducted under the procedural rules and subject to the substantive standards applicable to all Part 161 applications submitted to the FAA, which shall not be affected by this Agreement. Review of any decision made in connection with such an applic~tion shall be conducted exclusively in the same manner as, and in the same forum as, review of any decision made in connection with a Part 161 application submitted to ,the FAA.

That is, this Agreement shall not affect the form or substance of1,$:y.ch a review. Notwith~tanding ",JI,,,,,. ', ·<.·· any other provision of this Agreement, judicial review of FAA 'Jd~c.ision an.cf record thereof with regard to any Part 161 application submitted by the City shall bl within the exclusive jurisidiction of the applicable U.S. Court of Appeals.
6 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 11 of 72 Page ID #:955 4.C.d Packet Pg. 479 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) VI. DURATION
. .

The City agrees to operate the Airport consistent with its obligations set forth in this Agreement until December 31, 2028, unless an earlier dat~ is agreed to by the Parties. Any subsequent decison by the FAA to release the Airport at an earlier date shall be made consistent with the ·· standard of 49 U.S.C. § 47153. The obligation to operate the Airport until December 31, 2028 shall be binding on any subsequent purchaser of Airport Property. Within 90 days of a Consent Decree embodying this Agreement taking effect, the City shall cause this Agreement to be recorded in the property records for the County of Los Angeles, California.

Without limiting the express terms of this Agreement, the FAA agrees that the Airport Property shall be released from all covenants, reservations, restrictions, conditions, exceptions and reservations of rights imposed under the IOT and the Quitclaim Deed and the grant assurances imposed in 1994 upon the effectiveness of this Agreement and to provide such notice as required under 49 U.S.C. §47153(c). Upon the City's request, the FAA shall execute, acknowledge and deliver from time to time any instruments reasonably necessary requested by the City appropriate to evidence the release of the Airport Property from all such covenants, reservations, restrictions, conditions, exceptions and reservations of rights. The Parties shall record any instruments necessary to effectuate this provision.

The City's operation of the Airport until Dece:µiber 31, 2028 shall conform with (i) the standards set forth in grant assurances 19, 22, 23, 24, 25, and 30; and (ii) all applicable state and federal operational, maintenance, and safety standards. For purposes of this paragraph, th~ substantive ' I standards of grant assurances 19, 22, 23, 24, 25, and 30 shall apply until December 31, 2028.

If the City enters into future grant agreements with the FAA, then it shall also be bound by those terms as provided for in any such grant agreement in addition to any applicable the standards expressly set forth in this Agreement.

If the City does not enter into future agreements with the FM that continue to require the City to operate the Airport after December 31, 2028, the Parties agree· that the City may, in its sole discretion at any time on or after January 1, 2029, cease to operate the Airport as an airport and may close the Airport to all aeronautical use forever, subject only to the applicable 30 day notice requirements set forth in 49 U.S.C. § 46319(a) and 14 C.F.R. Part 157.5(b)(2). · VII. UNLEADED FUEL
The FAA is committed as a matter of national aviation policy to· support the development and use of unleaded aviation gas appropriate to the operation of piston aircraft where co:rnm.e~.pially and technically feasible. The FAA agrees to· consider any dem~~ation P!Oj~ct the City ·may seek to implement pertaining to the use of unleaded fuel. N ofuipg jp.. this' Agteement shall allow the City to restrict the sale of leaded aviation fuel for as long as~the FAA authorizes use of such fuels within the United States.
7 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 12 of 72 Page ID #:956 4.C.d Packet Pg. 480 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) VIII. MISCELLANEOUS PROVISIONS
A. Enforcement. The Parties reserve the right to judicially enforce any terms or provisions of this Agreement.

B. Consent Decree. The terms of this Agreement shall be memorialized and embodied in a consent decree to be filed in Ci"ty of Santa Monica v. United States of America, et al., Case No. 13-CV-8046-JFW (VBKx) (C.D. Cal.) in the form attached as Exhibit D. The court shall have jurisdiction to issue injunctive relief only as to the provisions of sections II, III, and IV. Further, the court shall have jurisdiction to enforce the provisions of sections II, III and IV as to any successors, transferees, licensees, agents, heirs, and assigns of the City's interests in, operation of, or sponsorship of SMO. The court shall not have jurisdiction to subject the Parties to penalties or sanctions for any alleged violations of its obligations in this Agreement.

C. Own Costs. Each Party shall bear its own costs, including attorney fees.

D. Authority. The representatives of each Party hereby certify that he or she is duly authorized to enter into the Agreement. The City represents that it has the full authority to perform all of the acts and obligations it has agreed to perform under the terms of this Agreement. The United States, acting though the Department of Justice and the FAA represents that the FAA has the full authority to perform all of the acts and obligations it and tp.e United States of America has agreed to perform under the terms of this Agreement.

E. Copies and Counterparts. It is contemplated that this Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together constitute one and the same document. Facsimiles, hard·copies, and scanned electronic copies of signatures, including scanned electronic copies sent by email,.~hall constitute acceptable, binding signatures for purposes of this Agreement.

F. Defense of This Agreement. The Parties agree to vigorously and actively defend this Agreement, any resulting Consent Decree, and all terms embodied therein as fair and reasonable, to vigorously and actively defend the same against any challenge by any individual or entity. The Parties further agree not to undermine directly or indirectly this Agreement, any resulting Consent Decree or any terms set forth therein for so long as this Agreement or any resulting Consent Decree remains in effect. " ·o"·>
,:;r:.r _ , .. _ :-.::

G. Modification. This Agreement may be supplexn,.¥nt~~. amended, or modified only by the mutual agreement of the Parties, and, once the Consent Decree is entered, only with the approval of the court No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing .and signed by all duly authorized representatives of each Party. 8 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 13 of 72 Page ID #:957 4.C.d Packet Pg. 481 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) H. Successors or Assigns. This Agreement and any resulting consent decree shall be binding upon and inure to the benefit of the Parties and their respective successors, transferees, licensees, agents, heirs, and assigns. Prior to any change of the sponsor of SMO or to the identity of the holder of any operating certificate related to the operation or sponsorship of SMO the City shall obtain the written agreement of such new entity to be bound by the terms of this Agreement and any resulting consent decree.

I. Precedent. Nothing in this Agreement shall constitute an admission concerning any allegation, claim, or defense at issue in in City of Santa Monica v. United States of America, et al., Case No. 13:·CV-8046-JFW (VBKx) (CD. Cal.), City of Santa Monica v. Federal Aviation Administration, No. 16-72827, (9th Cir.), or In re Compliance with Federal Obligations by the City of Santa Monica, FAA NO. 16-16-13 (U.S. Dep't ofTransp., Fed. Aviation Admin.), and this Agreement has no precedential effect as to any other dispute between the Parties or between either the City or the FAA and any third party. This Agreement is made in light of the unique circumstances of this case and the uncertainty of the specific matters resolved hereby. Nothing herein shall be construed to be an admission of liability or as an interpretation of the validity or terms or provisions of any other instruments or contracts.

J. Release. Upon the entry of the Consent Decree, the Parties and all their heirs, administrators, representatives, attorneys, successors, and assigns, hereby release, ~aive, acquit, and forever discharge each other and all their respective officers, employees, and agents from, and are hereby forever barred and precluded from prosecuting, any and all claims, causes of action, and/or requests for relief asserted in City of Santa Monica v. United States of America, et al., Case No. 13-CV-8046-JFW (VBKx) (C.D. Cal.), City of Santa Monica v. Federal Aviation Administration, No. 16-72827, (9th Cir.), and In re Compliance with Federal Obligations by the City of Santa Monica, FAA NO. 16-16-13 (U.S. Dep't ofTransp., Fed. Aviation Admin.), as well as any and all claims, causes of action, and/or requests for relief, whether or not made, against any Party that could have been raised in those matters, with the exception of proceedings to enforce this Agreement or the Consent Decree.

K. No Third Party Rights. This Agreement is not intended to create, and does not create, any third-party beneficiary rights, confer upon any non-party a right to enforce or sue for an alleged breach of the Agreement, or generate any other kind ofright or privilege for any person, group, or entity other than the Parties. ,, '
L. Effective Date. This Agreenient shall be effec~f ~~ upon the. iate the Collrt enters an order approving this Agreement. . ~f -~~ -- _.,
9 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 14 of 72 Page ID #:958 4.C.d Packet Pg. 482 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) der~l A~. 'on Adm'
~vi~
Reginald Govan
Chief Counsel
Federal Aviation Administration
For the Department of Justice

JOYCE BRANDA
Acting Assistant Attorney General
EILEEN M. DECKER
United States Attorney

JUDRYSUBAR
Assistant Branch Director
RAPHAEL 0. GOMEZ (D.C. Bar #305540)
Senior Trial Cotmsel
U.S. Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, D.C. 20044
Telephone: .(202) 514-1318
Facsimil : (202) 616-8460
Raphae. omez usdoj.gov
GARY . F LDON (D.C. Bar #987142)
Trial orney
. U.S. Department of Justice
Civil Division, Federal Programs Branch
P.O. Box 883
Washington, D.C. 20044
Telephone: (202) 514-4686
Fax: (202) 616-8460
Email: [email protected]
Dated: / /3 0 h ( I I
10 ' I
··:.''1,,'.,
Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 15 of 72 Page ID #:959 4.C.d Packet Pg. 483 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) teru.41. ·/\ dntftllflJ ~ Ud.AJu
Denise Anderson-Warren
City Clerk
Dated: __ / ~ __;:.,...___._ 30--- Ir ____ _
WiltamV. O'Connor
Morrison & Foerster LLP
12531 High Bluff Drive I San Diego, CA 92130-2040
P: +l (858) 720.7932
[email protected]
Dared: h_m ~Fl--
Attorneys for the City of Santa Monica
IT IS SO ORDERED.

Signed_, ____ , 2017, at Los Angeles, California
Honorable John F. Walter
United States District Court
For the Central District of Calif~nua 1''. ~. ;',~ I •
·,~
. >:/ ~.
11 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 16 of 72 Page ID #:960 4.C.d Packet Pg. 484 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ,;, . .

Acknowledgements:

District of Columbia
City of Washington
Subscribed, sworn and acknowledged before me by Reginald C. Govan, Chief Counsel of the Fe ral Aviation Administration, this d!l:::._day of January, 2017.

Notary Pun ic.

My commission expires toj,'1/iJtJ,j.a
State of California
County of ____ _
JUD'( S. MCGHEE ......... NOWW PUBLIC DISTRICT Of COLUMO.,, MyOornmlaslon Expires October 14, 2020 On ______ before me, __________ personally
Appeared ________ -'--------------
----------------------, who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the · instrument the person(s) 1 or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
(Seal)
Signature
;,~:/:,~~:
"' . . ·~ '
··ti•'•
··:,,
. ~J;~. ~1;
12 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 17 of 72 Page ID #:961 4.C.d Packet Pg. 485 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award)

Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 18 of 72 Page ID #:962 Exhibit A

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Packet Pg. 486 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award)

EXHIBIT A
Dear X,
This letter pertains to your complaint filed with the FAA under 14 C.F.R. Part 16 and relati~g to Santa Monica Municipal Airport {SMO). Among other matters, your complaint alleges:

This letter is to inform you that the City of Santa Monica and the Federal Aviation Administration {FAA) have entered into Settlement Agreement, effective as of the date of signature, which we believe may subsume many of claims made in your Part 16 complaint.

As you may know, there are a number of disputed legal issues pertaining to the operation of at SMO, which continue to be the subject of federal court litigation. See, City of Santa Monica v. F~deral Aviation Administration, Case No. 16-72827, FAA No. 16-14-04 (9th Cir.); City of Santa Monica v. United States of America, et al., Case No. 13-CV-8046-JFW {VBKx) {C.D. Cal.).

The FAA and the City have determined that it is in the public interest to enter into the Settlement and Consent Decree to resolve such litigation, thereby modifying the City's federal obligations and clarifying certain FAA legal and regulatory policy positions as they pertain to the operation of SMO. In sum, the basic terms of the Agreement and Decree:
• Require the City to operate SMO with a runway of 3,500 feet for 12 years duration until December 31, 2028;
• Recognize the City's right to establish an exclusive fixed based aeronautical service provision upon completion of runway construction work; and
• Provide tenants providing aeronautical services reasonable leases for terms of no less than three . '•,, years, subject to the City's implementation of its exclusive fi,se~based services. t.•' . . <. ~. '•!, ' The Settlement Agreement, the terms of which bind the City and the~t=AA-5will be entered as a Consent Decree of the U.S. District Court for the Central District of California.

Exhibit A to settlement agreement/consent decree between the FAA and the City of Santa Monica Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 19 of 72 Page ID #:963 EXHIBIT A PAGE 013

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Packet Pg. 487 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) Your Part 16 complaint was filed to notify the FAA of your belief that the City was violating its obligations as a federally obligated airport sponsor. This letter serves a dual purpose. First, to inform you of the FAA's judgment that because the City's federal obligations to the FAA at issue in the Part 16 complaints now are governed by the terms of the settlement agreement and consent decree, it is the FAA's presumptive position that if the City is in compliance with the terms of the Settlement Agreement and the Consent Order, then the City is meeting its obligations to the FAA. Second, to ask you to thoroughly review your complaint(s) and determine whether the matter has been resolved by the terms of the Agreement and Order. To the extent that your complaint no longer states a valid claim, we ask that you consider withdrawing it in the interest of judicial and administrative economy.

Sincerely,
Reginald C. Govan
Chief Counsel
Exhibit A to settlement agreement/consent decree between the FAA and the City of Santa Monica Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 20 of 72 Page ID #:964 EXHIBIT A PAGE 014

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Packet Pg. 488 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award)

Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 21 of 72 Page ID #:965 Exhibit B

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Packet Pg. 489 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award)

EXHIBITB

SURFACE AND OVERHEAD AVIGATION EASEMENT
WHEREAS, the City of Santa Monica, hereinafter called the Grantor is the fee owner of the parcels of land situated in or in the vicinity of the City of Santa Monica, Los Angeles County, California, specifically described in Attachment A, hereinafter called "Grantor's property" and outlined on an attached Exhibit A map.

NOW, THEREFORE, in consideration of that certain Settlement Agreement entered into by the United States of America, acting through the Federal Aviation Administration (FAA) and the City of Santa Monica and dated _____ _ (Settlement Agreement); and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Grantor, for itself, its heirs, administrators, executors, successors and assigns do hereby grant the following appurtenant rights and benefits to the FAA hereinafter called the "Grantee" for the use and benefit of the public.

The appurtenant rights and benefits include the uses, rights and restrictions described as follows: '
The unobstructed use and passage of all types of aircraft in and through the airspace at any height or altitude above the surface of the land.

The right of said aircraft to cause noise, vibrations, fumes, deposits of dust, fuel particles (incidental to the normal operation of aircraft), fear, interference with sleep or communication, and any other effects associated with the normal operation of aircraft taldng off, landing or operating in the vicinity of Santa Monica Municipal Airport (SMO).

As used herein, the tenn "aircraft" shall mean any and all types of aircraft, whether now in existence or hereafter manufactured and developed, to include jet, propeller-driven, civil, military or commercial aircraft; helicopters, regardless,of existing or future noise levels, for the purpose of transpdfting persons or property through the air, by whoever owned or operated. · . ,i;: · , Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 22 of 72 Page ID #:966 EXHIBIT B PAGE 015

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Packet Pg. 490 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) The Grantor agrees that during the life of this easement, it will not construct, erect, suffer to permit or allow any structure or trees or other natural growth on the surface of the burdened property that shall in any way limit the utility of the runway, as it is configured pursuant to the Settlement Agreement or as it may be configured in the future. The Grantor may not permit any places of public assembly or gatherings within the easement area. (Examples: churches, schools, day care facilities, hospitals, restaurants, stadiums, office buildings, etc.) The Grantor is permitted to grow ornamental landscaping or establish a conservation area in the easement area provided that such landscaping or use shall not in any way limit the utility of the runway, as it is configured pursuant to the Settlement Agreement or as it may be configured in the future.

The Grantor agrees to keep the easement area free of the following: structures (permanent or temporary) that might create glare or contain misleading lights; residences, fuel handling and storage facilities and smoke generating activities, and creation of any means of electrical interference that could affect the movement of aircraft over the easement area.

Grantor agrees to waive all damages and claims for damages caused or alleged to be caused by the Grantor's violations of any aspect of this easement document.

The FAA has a right of ingress/egress in the easement area and the right to remove any new structure or vegetation that is not specifically mentioned above as "accepted" for as long as the airport is used as an airport.

TO HA VE AND TO HOLD said easement and right of way, and all rights appertaining thereto unto the Grantee, its successors, and assigns, until airport operations at SMO are terminated pursuant to the Settlement Agreement and SMO ceases to be used for public airport purposes. It is understood and agreed that all provisions herein shall run with the land and shall be binding upon the Grantor, its heirs, administrators, executors, successors and assigns until airport operations at SMO are terminated pursuant to the Settlement Agreement and SMO ceases to be operated for public airport purposes. ._ ,.,
~.~·1 '~~- • L.

IN WITNESS WHEREOF, the grantors have hereunto s~t tl;eir hands and seals this day of . , 20 _,., '.

The City represents that it has the full authority to perform all of the acts and obligations it has Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 23 of 72 Page ID #:967 EXHIBIT B PAGE 016

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Packet Pg. 491 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) agreed to perform under the terms of this agreement.
______ (SEAL).

City of Santa Monica
Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 24 of 72 Page ID #:968 EXHIBIT B PAGE 017

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Packet Pg. 492 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) Attachment A
The Santa Monica Munlclpal Airport consisting of that property referenced In the following documents or otherwise described below:

1. That certain Instrument ofTransfer, dated as of August 10, 1948, between the United States of America and the City that was recorded at Book 28055, Pages 211 through 222, Inclusive, In the Offlclal Records of Los Angeles County, California consisting of approximately one hundred sixty eight and 87 /100 (168.87) acres;

2. That certain Qultclalm Deed dated April 8, 1949, and re·corded at Book 30037, Pages 364 though 370, inclusive, In the Official Records of Los Angeles County, California (the Quitclaim Deed) consisting of approximately eighteen and 629/1000 (18,629) acres; and

3. That certain property that the Douglas Aircraft Company conveyed to the City of Santa Monica by grant deed in 1945 upon which Is now situated part of the runway at Santa Monica Municipal Airport and Is referenced in that certain Settlement Agreement entered Into by the Federal Aviation Administration and the City of Santa Monica and dated----- Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 25 of 72 Page ID #:969 EXHIBIT B PAGE 018

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Packet Pg. 493 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) EXHIBIT A to A vigation Easement
.>} ---,
Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 26 of 72 Page ID #:970 EXHIBIT B PAGE 019

4.C.d
Packet Pg. 494 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) \
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Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 27 of 72 Page ID #:971 EXHIBIT B PAGE 020

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Packet Pg. 495 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award)

Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 28 of 72 Page ID #:972 Exhibit C

4.C.d
Packet Pg. 496 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) . '::: "\
.(

EXHIBIT C

LEASE AGREEMENT
by and between .

THE CITY OF SANTA MONICA
and
ATE OF CALIFORNIA, dba

AMERICAN FLYERS
Exhibit 9
(Agreement No. 8547)
_;
Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 29 of 72 Page ID #:973 EXHIBIT C PAGE 021

4.C.d
Packet Pg. 497 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ,I'
SECTION 1, PREMISES
SECTION .2, TERM
:r ABtlll OF CONTENTS
2, l, Commencement Dflte and Term

2.2. ,Expb•ation lJn~e
2,3, No Hold Ove1· Tenancie$
2,4, Su1·rendel'
Z.5, Survi'ftll
SECTION 3, U~E OF THE PREMISES

3.1, Requil'ed Activities and Sei•vices
3,2, Permitted Actlvlties and Services
3,3, Pt•obtbited Activities and Se1·vilies
3,4, High Levels <>f Service
SECTION 4, RlffiT
4,1, Monthly Base Rent,
4,2; C:PI Adj11stments
4,3, Fuel Flowage ~oes,
4,4, Late Charges As Additiollal Rent
4,5, Payments,t.o the City
4,6, Appllcntlon of Payn1e11t

4.7. ·soourlty Deposit
4,8, Docuritents and Reco1•ds
SECTION 5, COMPtIANCE WITH LAW
5,1, CompJinn<ie With All Laws
(
5,2, Fixed Based Operations Shall l3e In F1ill Compllnnce with the Ail'pol't Code
S,3, Cooperation bt Enforcement of Airport Code .
5,4, No Ser:vices To Elccluded 'PJlots> Aircraft oi• Owners of Aircraft 5,5, Permits and Licenses · · ,
5,6. Fede1·tll Requirements
SECTION 6, tl!lSSEE'S OBLIGATlONS
6,1, Highest Level of Service
6,2, Obtain and Mi\intRin All Necessal'Y Licenses and Ptll'm.fts 6,3, Foel SuppUei• Agl'eentent(s)
. 6.4. Fu.el Storage and l>eJtveq

6.5. Fueling Vehicles

6.6, Retail Fuel PriQing
6,7, Complhm(le W1th Environme~tal Requirem~nui . ~·
SECTION 7, MAINTENANCE AND l.UCPAJ~ OF THE PR'.ENJl§~S · . ,., AND LEASEHOLD IMrllOVEMENTS; CONST~UCTION Oil' l{EQUffiED LlliSSEE IMPROVEM'ENTS · "'; ,,., .
7,l, Ma:lntemuice ancl Repair of :Premises
7,2, Repntrs To Be ln Compliance WJtb·Law
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Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 30 of 72 Page ID #:974 EXHIBIT C PAGE 022

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Packet Pg. 498 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) !.
('
7,3. Alterations, Additions 01· Changes to tl1e P1·emfses Requil'e Prior Written Approval.By City
7,4, Required Lessee Improvements
7,S, Limited ObUgation of the City·
SECTION 8, OWNERS;lllP OF IMPROVEMENTS AND EQUIPMENT
8,1, · Ownersldp ofLeEtsehold lmprovemeilts During Term 8,2, Equipment
. 8,3, Removftl a~d Demolition
8,4. Lesseets Obligntions Upon EXpiratton or Eadier Termination of the Agreement; lllnviron.1nentid Remediation
SEC'l'ION 9. l,IABILITY AND INSURANCE
9,1, MiuimumLlmits oflnsm·ance
·9,2, Minimum Scope oflnsurallce ·
9,3, Deductibles and SeJf.Jnsured Retention$
9,4. ·other Insurance Provisions
. 9,5, Pl'operty Insurn:nce
9,6, Waivel' of Su.b'l•ogation
9,7, All Cov.el'ages

9.8', Acceptability oflnsurel'S
9,9, . Verification of Coverage
· 9,10, Lessee's Contr11cto1·'s Insurnnce

9.11. Snblessees nnd Licensees
SECTION 10,, INDEMNJFICA 1'ION, DEFENSE AND HOLD HARMLESS SECTlONU. CITY'SRIGHTS
11,1, ingress Rlld Jligress
11,2. Access 'for E11vironlt!,e11tal Tests or Work .

U.3~ Mab1te11anc~ and Repair of Unde1·ground Storage Tank

11.4, Right 'l'o Access
11,5, Right to Regulate Access • ·
·SECTION 12, RESTRICTIONS ON ASSIGNMENTS OR SUBLEASES
12,1, Assignment Jtn<l Subletting Require Prlol' W1•ltteri Consent from City 12,2, Transfer of Corpo.rate Shares ..

12.,3, Lessee's AppUc11ffon for Consent
12,4, Gi•ounds for Denying Consent
12,5, Conditions to Consent

12.6. AC(leptflnce of Rent from '.fransfel'ee
SECTION 13, COVENANT AGAINST LIENS
SECTION 14, TAXES AND ASSESSMENTS
14,1, Lessee's Obligation Pay Tmces
14,2. Personal Property Taxes
14,3, Reservation of Rigbu
SleCTION 15, UTILlTlES0
15,1 Utilities Costs
15,2 Dts~ontlnuaJlcos andlntera•uptlons ofUtilicy Services SECTION 16, SIGNS, LIGHTS AND ADVERTISEMENT
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Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 31 of 72 Page ID #:975 EXHIBIT C PAGE 023

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Packet Pg. 499 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) d ,,,
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SECTION 17. l>AMAGE ORDlllS'l'RU(;TION TO TH'.E PREMlSES OR.

IMPROVEMENTS
17,1, Notice, of Damage to the PremJses
17,2, Repair or Rebuild the Pl'e.ltllses
17,3, Dn:m.age or Destructioll to the Common Aren

17.4. ':lessee'sRemedles
17,5,, lnsuranee Proceeds
11,6, W1dver . SECTION 18. CONDlllMNATION
18,1, Effect ofTtllcln;
18,2, Condemnation Awards
SECTION 19. NOTICES·
SECl'lON 20, DEFAULTS AND REMEDIES FOR DEFAULTS.

20.1, Eve)1ts Constituting MRterhd Default by Lessee
20,2, Rem.ef.'Ues fo1• l>efanlt
SlCC'l'lON 21, 'l'ERMINATlON
21,1, · Temrlnation By Ctty for Lessee's BreJiOb
21,2, Duties· Upon Tel':minatlon
SEC'l'ION 22, GENERAL PROVISIONS
22,1, Authority
22;2, · Integ1•ated Agl'eemeut

22.3, Governing Lnw
22,4, Time is of the Essence
22,5 Cltfs r1•opl'Jernry Cripneity
22,6, Nomnfver
22,7, Attorneys' Fees and Costs
22,8, Counterparts
EXHI\lJTS
Exhibit A - Premises, Site Plan and Existing lmpl'Ovements Exhibit B - FacUity Improvement Plan
Ill
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·29 - -31-
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Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 32 of 72 Page ID #:976 EXHIBIT C PAGE 024

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Packet Pg. 500 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ,,
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LEASE AGREEMENT NO, 8547 (CCS)
rd This Lea~ment Number 8547 (CCS) .("Agreement") is entered into this /). B . day of 1 2006, (!'Execµtion Date") by and between the CITY ,OF SANTA MONICA,· a municipal corporation (hereinafter "City" or "Lessor11), and AT B of CALIFORNIA~ a Califol'nia corporation, doing business as AMERICAN FL YBRS ,(hereinafter 11ATE" or "Lessee11), with respect to the following:

RECITAL~:
· A. The City is a municipal corporation duly organized and validly existing under the laws of .the State of California with the powe1· to canyon its business as it is now being conducte~ under the statutes of the State of Cal.ifornia and the Chart~r' of the CJity. .
. B. Lessee is a California corporation, duly incorporated Ol' formed, validly existing, and in goqd standing under the laws of the State of Califomia. Lessee represents and wan·ants.that it is experiencedin the operation and management of avi~Uon fixed based operations,
C. The City owns real property genel'ally located at 2501 Airpo1t Avenue,· Exhibit 9
Santa Monica, California 904051 more specifically identified in the site plan attached · hereto as Exhibit A and incorporated herein by refere11ce (11Premises0), at the Santa Monica Municipal Airport ('1Airport11), The Premises is one of two aircraft fueling service areas at the Airport. The City seeks to lease the Preplises for use as ai1 aviation fixed based operation co~slsting of ah·ol·aft hangars, alrcraft tie-downs, aircraft fueling, 'offices, shops and a vehicle pal'king al'ea as more particulat1y set forth in this Agl'eement. ' /I
D. On 01· ·about December 16, 1997, the City and Lessee entered into a Month~ to-Month Lease Agreement ("Month-to~Month Lease11) fol' the lease of the Premises.

The MonthMto-Month Lease was l'eplaced by a Lease entered into .on or about September 1, 2000 for a period of five (5) years. The parties intend by this Agreement to extend and l'eplace the Septemb!>r 1, 2000 Lease which exp~red on August 31, 2005 and thereafter becaine a month-to~month lease ammgement. .

E. The City and Lessee desire to enter into this Agre~pient for the l'ental of the Premises fo1· 1.lse as a full service fixed ba~e operation faoility1;>r.bviding ail'CJ,.ft fuellng1 trnnsient line services, aircraft rental, air-01·aft maintenance amf repJth' an<l other necessary avi~tion services and pl'oducts for the public ·as described herein. ' NOW THEREFORE, in oonside1·ation of the mutual ptoinises and undertakings · hel'einafter set forth ~nd fol' other good and valuable consideration, the receipt and -1 •
Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 33 of 72 Page ID #:977 EXHIBIT C PAGE 025

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Packet Pg. 501 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) . ( ( l:xhlblt9
sufficiency of which a1'e hereby acknowledged, it is mutually agreed by and between the

1.mdersigned parties ~s follows: · :

SECTION 1. flpUMIS~S.

The City leases to Lessee, and Lessee leases from the City, the Premises located at· the Afrport and depicted· in the Site Plan attached hel'eto as Exhibit HN' and incorporated herein by reference. Lessee acknowledges and agrees that it is in possession of the Premises and accepts·the Premises in "as~is" condition. The Premises contain existing buildings a~d other improvements ("Existing Improvements'') shown in Exhibit A.

Lessee has been'in occupancy~ possession and control of the Premises since December 16, 1997 and takes responsibility for the condition of the Pl'emises, the Existing Improvements ·and all other I~asehold hnp1·ove.tnents lnsta.lled or located on the P.1-emises from and after said date. · . . '
SECTION 2, :i'ERM.

2.1. Qommencement Date and Term. This Agreement shall be deemed to conunence on ;November 1, 2005 ('lConunencement Date11 ) 1 and shall contiµue until· June 30, 2015 unless earlier terminated pursuant to the tel'ms of this Agreement. '

2.2. Expiration Date. U11Iess terminated earlier in ac<;iordance with the ten:ns of this Agreement, this Agreement shall expire and tenninate on Jnne 3-0, 2015 ("Termination D~te"), without the necessity of any notice from eithel' City or Lessee to 1 · terminate this Agreement, Lessee hereby waives notice to vacate or quit the Premises and agrees that City shall b~ entitled to the benefit of all provisions of law respecting the summary recovety of possession of the Premises from a tenant holding over to the same extent as if statutory notice had been given, Lessee furthe1i agrees that if it fails to ·. surr.ender the Pl'emises at the expiration or termination of this Agreement in good condition1 reasonable wear and tear exceptedi Lessee sha11 be liable to City for any ~d . all damages which City may suffer by reason thereof, and ~essee will hldenmify,, defend . and hold harmless City against all claims and demands made by any succi.:,eding tenants against City.
2,3, ~o Hol~ Over Tennncles, If Lessee shall be in possession of the Pl'emises afte1· the expiration of the Tel'ln, without the exp1·ess or implied consent of City, then the tenancy under this Agreement shall terminate and City shall be entitled to tne benefit of- "·:
all p1·ovisions of Jaw respecting the summary recovery of posse'~sion of th.e Premises f:rom a tenant holdi11s- over, The acceptance by City of1n'Onthly rentJi'olll Lessee after such expiratlon or earlier termi~ation of the Agreement sha.Il not result in a renewal of this Agi-eement 01· an extension of the Term of this Agreement.

Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 34 of 72 Page ID #:978 EXHIBIT C PAGE 026

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Packet Pg. 502 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
The City expressly reserves· the l'ight to require Lessee to surrendel' possession of the Premises upon the exph'atiori of the Term, or upon the earlier termination hereof, to reenter the Premises, and to assert any remedy at law ?r in equity to evict Lessee and/or ,collect damages in connection with such holding over. ' '
. exhibit e
2,4, ~uaende11. Upon tlie expiration or any earlier termination of this Agreement, Lessee, at its' sole cost and expense, shall surrender up and deliver possession oftheP1'emises to City, in a clean condition, aud in the saine good operating condition · 'and repair as it exists on the Execution Date> reasonable wear and tear excepted, and · subject to all requirements of Section 8.4 of this Agreement, including, without . limitation; Lessee's obligations to perfonn envh'onmental remediation of the Premises.

Lessee ag1·ees that if it fails to surrende1· the Premises at the eipiration or te11:nlnation of the Agreement in good operating condition1 reasonable wea1' anq. teat· excepted, or if Less'ee.fa~ls to satisfy its envil'orunental remediation obligations set forth in Section 8 .4 of thls Agreement, Lessee shall be Hable to City for any and all damages which City shall suffe1· by reason theteof and Lessee will indemnify City against all costs and expenses to resto1·y the Premises to good operating condition1 reaso11able wear and tear ·excepted anti to perfo1m Lessee's envil'orunental remediation obligations under this Agreement.

2.5. s,n·vival. The provisions of this Section Z shall survive tho expil'ation or earlier tel'mination of this Agreement.

SECTION 3, JJSE OF THE PREMISE~,
Lessee agl'ees that the Premises shall be 1.1sed only for the requil'ed activities and services identified in S.eotion 3.1, or the pe11nitted activitl.es and services identified Jn Section 3 ,2. Lessee shall not use or pe1mit the P1'emises to be used for any other purpose without the City's p1fo1· written consent, wliich may be granted or withheld in the City's sole and complete discretion.
. 3.1. JJegtJb'ed 'ActivJtfen1nd Services. During the. Tenn of this Agreement, Lessee shall conduct the following activities and provide the following services on the Premises to the public consistent with th!) pl'ovisions of applicable federal, state and local laws and regulations, including, but not limited to, the Santa Monica Municipal Code: .. ",, (a) Pl'ovide aircraft tie~down space and afrcna;{~torage facilities fo1' rental, which conform to fedeJ'al, stiite amflo~ 1·equfrements.

Lessee shall be requited· to ·provide and maintain 49 airc1·aft parking spaces in eithet· open tie-down space or ail'craft stol'age facilities fo1· based and tt·ansient aircraft .
• 3.

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Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 35 of 72 Page ID #:979 EXHIBIT C PAGE 027

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Packet Pg. 503 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
(b) Provide rental of conunet·cial leasehold spaoe for aviation-related uses,
(c)
(d)
(e)
(f)
(g)
Provide i·amp services for transient aircraft:

Provide afrcraft fueling services fl·om City-appt·oved 'raoilities, including the sale,. dispensing and storage of aviation petroleum products from one underground stOl·age tank. ·
Provide aircraft maintenance and repair, overhaul or modiflcati.on of aircraft.

Operation of a flight and g1·oui1d school.

Pl'ovide rental or lea11e of aircraft.
3;2. Permitted Activities and Services. In addition to the above required a<Jtivities and services, Lessee may conduct the following' activities and provide the · following services on the Pl'entises consistent with the p~ovisions of the Santa Moni9a Municipal Code:
(a)
(b)
(c)
(d)'
(e)
(f)
(g)
(h)
(1)
Retail or wholesale sale of aircraft parts, components, accessories and allied equipment
Sale of new and used aviontoa and-electronic equipment and aircraft instruments, · · ' ( .

Sale of pilot 11upplies ·and accessories.

Retail 01· wholesale sale of airornft.

Rental 01· lease· of airct·aft,
Opet'atio~ of a UNICOM radio, n·ansmitter and receiver.· Washing, detailing and.waxing of ai!'craft. 1. ·;:
{): :' . .. ~
Upholstery, cabinetry and interfor sel'vices~fo1• dfrcraft. (,'
Parach~te, fil'e extinguish~r and oxygen sel'vioes fo1· aircraft. .4.

Exhlblt9
Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 36 of 72 Page ID #:980 EXHIBIT C PAGE 028

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Packet Pg. 504 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ,r ,,
....
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Ci) Aircraft charter operations, s-ubject to compliance with all federal, state and local laws and 1·egulations,.'including, but not limited to1 Santa Monica Municipal Code, S\lbchapter 10,04,06, ·
(k) · Filming activities subject.to the app1·oval in advance by ~he Airport · Director or his 01· he1· designee. · ,. .
(1) Such other .uses as the Airport Director may approve in writing ft·om time to time. .

Eixhlbll9

3.3. Prohi!?.jte~I ActivJties and Services. Other than the activities and services . set fo1th in Sections 3,1 and 3.2, aboye, Lessee is expressly prohibited from conducting. any other activity 01· providing any other services at the Pl'emises, Lessee is specifically prohibited from the following: . . . .
(a)
Cb)·
Engaging in the storage ~f motor vehicles, trailers, boats or other recl'eational vehicles,
Engaging in any operation which uses the leasehold as a base fo1· the substantiaJ use of helicopters1 01· any operation involving the repet:ltive1 f'.requent or continuous use of helicopters. · 1 . . ( c) Engaging in any type of helicopter flight training or helicopter pattem flying •
. (d) Engaging in any activity or providing any service likely to violate the ~ight-~me curfew Oil; aircraft takewoffs,
•(e) Salvage yard activities,
(f) Operation of any ramp services during night~time departure curfew hours as set forth In Santa Monica Municipal Co~e Section 10,04.04.080,
(g) Ovemight camping or residential uses.
(h) · Any activity inconsistent or in contraven1qn of the requirem~ts of:
any appHoable fedel'al, state or local la~~i:-~egulation,$, f -~- ~·
3,4 flgJ1 L9ycJs of Service. Lessee shall endeav.or to provide high levels of se1'vice consistent with industt'y standards fol' the type of service being p1•ovided to the public at the Afrport. Lessee 01· its ~ublessees shall keep and maintain an adequate staff and an appl'opriate stock of mer7handise to service and supply the usual and ordinary .5.

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Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 37 of 72 Page ID #:981 EXHIBIT C PAGE 029

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Packet Pg. 505 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
. .
demands and t'equirements of its customers, Lessee shall provide the services in accordance with all fede1'al, state and local laws, rules and regulations:

SECTION 4, BENT,
4,1, M,ontbly Bpse Rent. For use and occupanoy of the Preplises, Lessee · agreef:I to pay.to the City the sum of lOUR THQUSA~D DOLLARS AND NO Exhibit 9
C:EN'fS {$4,000,0{Ll. fo1· each month, wltho~t set off o1' deduction> dming the Term of this Agl·eeinent (he1'einafter "Monthly Base ~ent"), Lessee shall pay Monthly Base Rent to the City on or b~fore the first day of each month. In the ~vent. this Agreement is in effect fo1· less than a full calendar month, Lessee shall pay a pro·1·ata po1'tion of the Monthly Base Rent fur the fraction of the month that the Agreement is il1 effect. In the event that the City p1'ovides an invoice to Lessee, tWs invoice shall be deemed a 9outiesy to the Lessee and the Lesseeis obligation to pay l'ent shall be based upon the pi·ovisions of this Agreement. · ·
· The Monthly Base Rent shall commence on the Execution Date of this Agreement.

4.2. CPI adJustments, Dul'lng the Lease Tenn the Monthly Bas!'. Rent may be stjbject to consumer pl'ice index aqjustments (11CPI" as defined below). The first CPI adjustment may occur on July; l, 2001 ("First Adjustment Date'i), Additional CPI' acljustments may ooci.u· on July 1, 2010 and July I, 2013, The adjustme11ts to the ~onthly Base !lent shall be calculated as follows: .

4.2.1, Fil'st Adjustment Date, For the F,irst Aqjustment Date, the Monthly Base Rent shall be adjusted on July l, 2907 to an amo-unt caloulated by multiplying the Monthly Base Rent for June 2007 by a fraction in which the numerator . shall be equal to the CPI pub1ished fo1' June 2'007 and the denominator of which sh~ll be equal to the CPI fol' November 200S.
4,2,2, ~econd AdJ,•stment Daw. The Monthly Base Rent µiay be . adjusted on ,Iul)'. 1. 2010 to an m11ount calculated by multiplying the Monthly Base Rent fol'June 2010 by a fraction in which the numel'atot· shall be equal to.the CPI published·for June 2010 and the de11ominator of which shall be equal to the CPI for June 2007, . . , 4,2,3, Thir~ Agjustment Dgt~. The Mo11thly ~ase Rent may be · adjusted on J)lly 1, 2013 to .an amount oalct)lated by multiplylnfo'. the Monthly Base Renf "·:
for June 2013 by a fraction m which the nu1nerator shall be equa.I to the CJ:! published fo1· June 20.13 and the denominator ofwhloh shall be equal to the Gl?I f<>r June 2010. . City shall~ as promptly as· practicable after the beginning of each Rental Y eal' when the Adjustment Dates occul', give notice to Lessee of the 1·esulting adjust1nent1 if any, in the Monthly Base Rent as dete1mined by City. City's computation th.ereof shall be Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 38 of 72 Page ID #:982 EXHIBIT C PAGE 030

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Packet Pg. 506 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ,,
/
( (
conclusive and binding (except fol' mathematical error); but shall not preclude any further adjustment which may.be l'equired in the event"of a published amendment of the CPI.

Until receipt of City's notice, Lessee shall pay monthly installments of Monthly Base Rent at the 1·ate applicable tQ the immediately preceding Rental Year in which the Adjustment Date occur&, If at the time of City's notice the total of the monthlY. installments of Monthly Base Rent actually paid by Lessee with 1'espeot to the elapsed p~rtion of the current Rental Year is less than the amount of Monthly Base Rent requi1'ed' to be paid for such period as indicated in Cityts notice, Lessee shall immediately pay to City the amount of the deflcierioy. .

4.2.4, Pefinitigns. For P~'POSes. of this section, the :following definitions shall apply:

A. The term 11Ren.tal Year" shall mean that fiscal year of I 2 cqnsecutive months commencing on July 1st ap.d continuing tm·ough the ne~t Exhibit 9
June 3'0th; pl'ovided, howeve1\ that in no event shall a Rental Year be . shorter than I 2 filll calendar :months, B. The term HCPr1 shall mean the percentage increase in the cost of living index as measured by the "Consumei· Price lndex for J\,11 Ut'ban Consumers" published by the Bureau of Labor Statistics of the United States Department of Labor for Los Angeles .. RiversitleOrange County, California (1982-84=100). In the event the CPI shalI hereafter be converted to a different standa1'd 11efet'enoe base 01· otherwise revised, such conversion factor, formula Ol' table for converting the CPI as may be published by the Bureau of Labor . Statistics shall be used, or iftlie Bureau of Lab9r Statistics shall not publish the same, then such conve1·slon· factor, fonn\lla or table selected by City as m.ay be published by any other nationally recognized-publisher of aimifor statistical information shall be t1sed, In the event the CPI shall cease to be published, then there shall be substituted fo1· the CPI suoh other index of similar natut•e as is then generally recognized and accepted for like detel'minations of purchasing power, as City shall select.
4,2,5, Minimum 1md Mn-xi:rpum Adtmitments, The CPI aqjustments • ... ,, shall be subject to a 'minimum Jncrease adjustment of 2% pei· y.ear and a maximum increase adjustment of 5% pe1· yeal'. . ')' ... _ . , " .)<.:- ,·•";i 4,2.6. No Waiver, In the event that the CPI ls unavailable as of the Adj1.1stment Date, Lessee shall continue to make payments for the Monthly Base Rent based on the monthly insmllments at the then current amount until notified by the City of the CPI increase, Any delay or failure of City in computing 01• billing Lessee for the .7.
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1 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 39 of 72 Page ID #:983 EXHIBIT C PAGE 031

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Packet Pg. 507 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ,,
(
escalatiqn of Monthly Base Rent based upon a Cl?I incl'ease shall not constitute a waiver of or in any way impair the continuing obligation of Lessee to pay such C:PI increase, Lessee shall provide a retroactive payment to City of the CPI in~1·ease from the Aclfustment Date to the date of notification of such increase. 4,3 Fuel J.!'.IO)l'.age Fees, In addition to the Monthly Base Rent paid to the city set forth above, Lessee shall pay to the Qity fuel flowage fees equivalent to six cents ($.06) per gallon for each gallon ofaviation fl.lei and fifteen cent's ($,15) for eacJ;i· gallon of aviation oil·sold, delivered or pumped on the Premises for each oalendar month Exhibit 9
( collectively refer.red to as '~Fuel Flowage Fees") as additional rent, Fuel Flowage Fees shall be subject to acijustment 01· revision by City at its sole and complete discretion based· upon rates competitive with neighboring municipal airports within 100 miles of the Santa Monica Municipal Airport.

Lessee sliall pay Fuel Flowage Fees to the City tin a monthly basis no later than . the 15111 day of each calendar month for the preceding calendar month dur.i~g the term of this Agreement. Fuel Flowage Fees shall be computed on the basis of the following:
(i) the suppller's meter tickets provided by the tanke.t· truck making the delivery or fi·om refinery mete1· tickets provided to the carrier at the time the tanker truck is lo.aded;. and (ii) invoices detailing the qi1a11tity of oil delivel'ed to the Premises. The number of µ,s. gallons shown on the tickets and invoices as delivered shall be multiplied by the fuel flowage fee estab~ished by the City. The product of that computation shall be the Fuel Flowage Fees for that calendar month.
' . 4.4, !date Chqrges A§ Addft1om1l Rent. Lessee acknowledges that late payments by tho Lessee of i!s monetary obligati?ns to the City, including Monthly Base Rent1 will cause tqe City to mcur costs not contemplated by this Agreement. The exact amount of these costs will ~e extremely difficult to asoert~in, · Therefore, if Lessee fw.ls to pay any of its monetary obligations to the Cityi including Monthly Base Rent, within ten (1 O) calendar days ft·om the date the payme11t is due, late charges in the amount of I 0 percent (10%) per month of the unpaid ·amolmt shall be paid by the Lessee as Adctitional .

Rent, Lessee shall pay this amount fur each calendar month in which all or any part 'of any payment to the City remains delinquent fo1' more than ten (10) calendar days after the due date. The .pal'ties agree that late charges represent a fair and reasonable estimate of the costs the City will incur for late payment of any monetary obligations, Acceptance of the late charges by the City shall not constitute a watve1· of the Lessee's default. with respect to the overdue amount or prevent the City from exeroisil},g·stmy of its rights and remedies pursuant to this Agreement. Lessee shall pay the late ~liarge as Additlo111d Re11t with the next installment of Monthly Base Rent. . ,} ;:, 4,5, foyme:gts tp fl!e C:ijy. Payment shall be made by check 01• money Ol'det· made payable to the City of Santa Monica and shall be mailed 01· delivered to the following addr~ss:

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Packet Pg. 508 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
City of Santa Monica
Airport Admirµstration Building
3223 Donald Douglas Loop S0uth1 Suite 3
Santa Monica> California 90405
Attention: Airport Dh'ecto1· or Airport Manager . .

Exhibit 8
4,6. Application of Payment. All payments received by the City from Lessee ~hall be applied. to. the oldest payment obligation. owed by tessee to City, No designation by Lessee, either in a separate writing or on a check or money order> shall modify this · Agreement or have any force or effect.

4. 7, . S&£Pl'itx Deposit, Lessee has deposited with the City the sinn. of EIGHT THOUSAND DOLLA~ ~D,NO CENTS ($8,000.00) as a security deposit for the perfonnance ofits obligations pursuant to this Agreement. lfLessee defaults ori any provisjon of this Agl'eement, City may, without prejudice to any other remedy it has, apply all or pal't of the security deposit to: (a) any Morithly Base Rent Ol' othel' sum in default; (b) any amount that the City may spend to repair damage caused by Lessee or its sublessee; oi· (o) any expense, lossi or damage that City may Stlffer because of Lessee's default, If the City applies all or part of the security deposit, and if the City. does not elect to toiminate the Agreement, the Lessee shall provide the City with sufficient funds to restore the full amount of the secudtydepositwithin ten (10) days after demand by the City, .

4.8. Documents and Records. Lessee agrees to provide the City wlth a written summary of gross receipts from tho Premises upon written l'equest. In addition, Lessee agrees to keep and maintain ~t the Premises a fullt permanent and accurate set of books and recol'ds of all sales of merchandise and tevenue derived from its conduct of business in, at or from the Premises from which gross sales generated f1·om the Premises can be detertnined and all supporting records.

All such records shall be mmntained in accordance with ge11e.1:ally accepted f!Ccounting p1'lnciples and shall be clearly identified and readily accessible.

Lessee furthel' agrees that it will keep, retain, and preserve for at least three (3) years all records, books, bankbooks., or duplicate deposit books, and othei· evidence of gross sales and Fuel Flowage Fees generated from the P1'emises for such year. . , , . ~{ .

City.shall have the right, upon reasonable notice and at'pitts expertse;'to inspect and a\idit Lessee's books and records pertaining to this Ag1-ee1nennmd to make copies of any such books and i·eootds to verify the payment generated from the Premises. City may make such audit at any time durlng nol'mal business hours upon reasonable notice. If .

City's audit discloses an error of five percent (5%) or more in Fuel Flowage Fees, as r~ported by Lessee, which results in an underpayment of the runourtts due under Article 4 I
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Packet Pg. 509 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
of this Agree111ient, then Lessee sh~ll pay the cost of City's· audit computed on the basis of foul' ( 4) tin1es the direct payroll of the audit staff completing the audit anq audit report.

Les~ee shall immediately pay all deficiencies to the City.

SEOflON5. CQMPLIANCE WITH LAW,
5,1. Compliance With All La,n, Duiing the term of this Agreement, Lessee shal1 comply with all applicable federal~ state and local. laws, ordinances, codes ·and regulations including> but not limited to, Chapte1· 10,04 of the Santa Monica Municipal Code ("Airport ~ode11 ) and all FAA l'egulations applicable to fixed based operations.

5.2. J!ixed Based Operntions Shall Be Iu Full Compliance with the Afrport Code. Lessee understands the importance of the City's airport noise abatement program, and shall operate !ts fixed based operations in a manner, which will be in full compliance with the Airport Code~ the noise abatement program, and all rules, tegulations and · procedures. Lessee agrees to info1m its employees; customers and invitees. of all noise ~batement programs, nlles~ procedures1 a11d any l'egulation~ relating thereto I

5.3.. ~001>eration in ,Enforcement of Airport Code. Lessee shall.cooperate · fully with the City In th~ enforcement ofthe provisions of the Airport Code and I regulations of the Noise Abatement P;rogram implemented by the City, If Lessee's employees or agents become awal'e of uny circumstance which could constitute a violation of the Afrpott Codet regulations) or Noise Abatement Pl'ogram by any of its customers or invitees, Lessee shall ·inform the Afrport Director or his or her designee ·immediately.
5,4, li_o Services To E:xclnded Pilots, Afrctaft o:r o,vne:rs of Aircraft. Lesse.e shall be prohibited from providing any servlces to any pilot, airctuft oi+ owner of an ·. · aircraft excluded from the Santa Monica Airport pursuant to the Airport Code. Lessee shall also be prohiblted fi:om providing services to any pilot, aircraft or owner ·of afrcraft for which Lessee does not have adeq~ate facilities, services or pel'sonnel. Lessee. shall also not permit any outside vendoi'S frot:n performing services from or at th'e Premises w1thout full compliance with all applicable laws and l'egulations, including, but no't limited 'to, obtaining all applicable permits and H9enses. · ·

5.5. Permits and Licenses. Lessee shall obtain and maintain dudng the 'term of this Agreement, at Lessee's sole expense, all licenses, permits ~~:certificates that may be required in connection with the operation of the facllity and for t4e provision of services set forth in j:his Agreementt including} but 11ot limited fo, an FAA and City of Santa Monica I~censes, pe~mits and certificates. .

5.6. ;E_ederal Regidrements. Pursuant to the requirements of the FAA, the parties agree as follows:
.. 10 •
Exhibit 9
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Packet Pg. 510 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) (i 11
( ( Exhibit 9
. · 5.6.1, CQmptlance with Federnl R11guir~me11t~, Lessee agrees to comply with fill federal requirements, including hu.t not limited to, statutes1 regulations, Executive Orders, agency regulations, orders 01· advisory circulars, · · S.6.2,· Nondiscdn1tnatio11, Lessee agrees that it w!ll not disol'iininate against any person on the' acooimt of disability1 sexual orientation, condition of having .AIDS, race, color, ~·eed, religion, sex, age, marital status, national ol'igin 01• ancestry with respect to (i) the use, occupancy and possession of the Premises, and (ii) the operations, activities 01· services of the Lessee,
· 5,6,3, ;J.tight to Imurgye Lnpding'Area. The City, aa the airport owner, reserves the right to further develop or1hnprove the landing area of the Airport as it sees flt, regardless of .the desi1'es or views of tbe Lessee and the Lessee shall not inte1'fere or hinder such developmen~ or improvement. ·
. 5.6.4, Maintenan9e·a11d R~nair of Landing Ana an<J ?ublic Facilities .. The City, as the Airport owner1 reserve~ the right, b1;1t shall not be obligated to the Lessee to maintain and to keep in repair the landing area of the airpor.t and all publicly owned · facilities of the Afrpo1·~ together wlth the light to direct and contl'of all activities ?fthe Lessee in this :regard. . · .
5,6,S, .Subordination g;f this Agreem!:'lnt. This Agreement shall be subordinate to the provisions and requirements of.any existing or fo1:l.1re·agreement between the City and ~he Un;ted States, relative to the developm:ent, operation and maintenance of the Airport.

S.6.6~ Right of FUgllt Ens.~ment . There is rese1ved to the City, its suoc~sors and assigns, fo1· the use and benefit of the public, a right of flight for t4~ passage of aircraft in the airspace above the surface of the leased premises, This public tlght of flight shall include the dght to cause in said ail'space any noise inherent· in the operation of any aircraft used fo1· navigation or flight tht·ough said ah'spaoe 01· landlng at, taking off from or operating on the Airport premises at the Santa Monica ly!unioipal . Airpo1t, Notwithstanding the foregoing> this resel'vation of a 1ight of flight easement shall' not operate to deprive the Lessee~ i,ts officers> agents, invitees or employees of any l'ights they may have· against any operi:ttor of ail'c.:raft·or other third parties responsible for negligence or careless opel'ation of airol'aft, . 1 .. ·;,: . · '·:
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5,6, 7, Part 77 FAA Notiflcatfon . Less~e agl'ees t<r,co1nply with the notification and review requirements covered 'in P1ut 77 of the Federal Aviation Regulations in the event future construction of a building is planned for the leased premises or in ·the eve11.t of any planned modification or altel'ation of any pl'esent or future · building or stl'uoture situated on the leased pl'emises. • 11 •
1 •
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Packet Pg. 511 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
5,6.8. HeJgl1t Restrictions. The Lessee, by accepting this A,greement1 expressly agrees for itself, its successors and assigns, that it will. not erect nor pel.'1nit the erection of any structure or object, nor pet'mit the growth of any ti·eei or.1andso~ping in contravention of Part 77 of the Federal Avi~tion Regulations. · 5,6,9. Prohibition on lllterferenee »:Ith Lancjinl{S and Ta]ce .. OfQ. The Lessee, by accepting this Agl'ee.me11t1 expressly agrees. for itself, its success9rs and l:18Signs, that it will not make any use of the leased'premises in any manner which might interfere with the landing and taking off of aircraft or otherwise constitute a hazard. In the event the aforesaid covenant is breached, the City reserves the right, but not the obligation, to enter upon the leased premises and cause the abatement of such interferenoe at the expense of the Lessee. ·
5,6;10. No Exclusive Right Granted . -It is understood and ag1·eed that nothing herein containe<l shall be constl'ued to gmnt 01· to autho1ize the gr~tlng of an , exclusive right within the meaning of 49 U.S.C §40103(e) and §47107(a)(4), as maybe amended from time to time. ·
5,6,11, Federal Cont,;ol of Airuort. This Ag1·eement and all of the , provisions hereof shall be subject to whatever right :the United States Government now has or in the future niay have 01· acquit'e, affecting the control, operation, regulation and taking over of said airport Oi' the exclusive or nonexclusive use of the Air,Port by the United States .durlng the time of war or national emergency. .

5.6.12, Non(li§c1•iminato1•y Se:ryiQes and Pricing. The Lessee will ftnnish services on a reasonable, and not unjust discriminatory basis to all 'Users and charge reasonable, and not unjustly discriminatory prloes for each unit or services, ·. p1•ovided that tht Lessee may he allowed to make reasonable and nondisodminatoiy disc?unts, rebates, or other similar types of price reductions to volume purchasers.

SECTION 6. ;LESSEE'S OBLlG,ATIQNS
D\U'ing the term of this Agreement, L,essee agrees to operate the fixed based operation on the Premises in the following manner: ·
Exhibit 9
. 6.1. lf!gh{lst L~vel of ~.~rnee. Lessee shall eng~J\VOr to provide the . •,, highest level of service to the public at the Santa Monica Muni6Jpal A:irpo11; Lessee shall· keep and maintain an adequate staff' and an app1·op1'1ate stock ot:inetchandise and ti·ade fixtures to service and supply the usual and ol'dinary demands and requirements of its customel's. Lessee shall provide the services in accordance with aU fedel·al1'state and · local laws, rules and 1·egulations. · ·
• 12 ·
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Packet Pg. 512 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( ( Exhlblt9
' 6,2,. Obtain ,md Mnintph1 All Nec~sw·y Licenses sud Permit§., · Lessee shall obtain and maintain all necessa1y licenses and permits to conduct its fixed based operations on the Pl'emises.
6,3. ;t!uel Supplier Agreement(§), Lessee shall ente1• into wdtten agreements with all' ~el ~upplier(s) to the P1·emises which contain the following provisions: (i) the fuel suppli&(s) shall indemnify the City from. any and all loss, .damage, cost, expense, liability, claims, demands, suits, attorneys' fees, and judgments al'ising directly or indirectly from 01· In any n:ianner related to the delivery of aviation fuel; (ii) the fuel supplier(s) shall pl'ovide evidence ofhisurance coverage to City in~ amotmtto be designated by the Risk Manager; and (iii) the fuel suppliet·(s) shall make available to City at reasonable times upo11 written request by the City, its records of transactions involving delivety of aviation fuel to Lessee fot purposes of auditing Lessee.'s performan:ce under this t\greement. Copies of all agreements with fuel ·supplier(s) shall be deliv~red to the City's Airport Director prior to the oonunence1n.ent of the flt·st fuel delivery by that supplier.

6.4. Fnel §fQl'Rge and Deliver~. Unless otherwise specified by the City, all aviation fuel 'deliveries to the Premises by any supplier shall be placed into the undel'ground sto1·age tank ·designated by the City.

6.5. Fnftling Vehi~~. All fueling vehicles used by·Lessee for fueling, defueling or refueling operations at the Premises o:r othe1· locations at th~ Airpo1t shall · conform to the most stringent safety regulations and sha!l be ope:rated only by persons qualified and trained in fueling operations,

6.6. Retail Fuel Pricing, It is the .intent of the parties to ensure that the 1·etai1 plice pe;r gallon of aviation gasoline ("A vGas1') sha.11 i·emain competitive with the A vGas selling price in comparable FBOs in the region to provide the consume1· with competitive prices. A,coordingly, the establishment of the retail price per gallon of A vOas dispensed to the public shall be subject to the following p1·ooedw·e. 6,6;1, Submissfon of sn Al!QiU Ret9U Pric~ Justification Report, On a monthly basis1 Lessee shall submit a A vGas Retail Pl'ice Justification Report· ciA vGas Report") to the Airport Director for approval on a form p1·eappl'oved by the City, The A vGas Rep6li sh.all contain all of the following information: · A. The wholesale cost of Av(l.a{purchased from Lessee's fuel suppliet•; ;I > , · • • ... ' 1-
B, The current pel' gallon rate of applicable taxes and flowage fees;
i.

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Packet Pg. 513 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( Elxhlblt9
C. The results of Lessee's SUl'V~Y of the s~Uing pdoe (not posted prlce) of AvGas atFBOs at·spe<;:ific airpol'ts in the region, including Corona1,Fullerton1 Hawthome,
Whiteman, Riverside, Montgomery, Crunarillo airports ·
and othex airports npproved by the CitY., The .City will · have the discretion to acljust the list of specific airports · whi~h are the subject of the survey pilrsuant to this
Section 6.6.1. The survey shall indicate bo.th self serve . and truck !efueling·prlce. The sutvey shall list the FBO contacted, brand of fuel, contact person and
telephone number; and
D. The pl'oposed l'etail AvOas selling price (not ppsted price) per gallon for self serve and full serve truck · 1·efueli):1g. Undet· no circumstances shall the.proposed· retail selling pdce exceed the lowest sell.ing price.of AvGas of the FBO)s surveyed,
6,6.2. Revie:n: by the Airport Director, The Airpo~'t Director will review the A vGas Report and notify the Lessee whether the pl'oposed' price is approved or disapproved. Absent prior approval of:fl:om the Airpo1i Diteotoi\ Lessee may not aqjust the A vGas selling price. . .

6.7. pomp}imtc~ With Envh·onm~ntal Remlil'ements, Lessee shall be l'esponsible for the 1.1se, operation and mainten~nce of the existing underground storage tank (t'Existing USTn), ~md any new underground sto1~ge ta~ installed by the City, in a manner that is in compliance with applicable municipal, state and federal law, inchlding, but not limited to Santa Monica Municipal Code, Chaptel" 8.104. If Lessee has. ·. · knowledge o±: or has l'easonable cause to believe, that a spill, release, discharge, or exposure to any uhazardous aubstanoe" as defined in Santa Monica Municipal Code Section 8 ."1 04. 020 has ooourr,ed in, on ot about the Premises, Lessee shall immediately give wl'itten notioe of such fact to City, Lessee shall also immediately give Lessot a· copy of any statement, report, notice1 registration, application, permit,. claim, action or · proceeding given to, or received from, any govel'll.m.ental entity or private party, conceming the ptesenoe, spill, release, discharge of, 01· exposure to, any "hazardous substance,, or contamination in, on, 01· about the Premises, including but not limited to, ail . documentation pertaining to suoh occurrence, . " · ...... ,. .I I I
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Packet Pg. 514 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) • ::·,=:·~.:-.~:·iG'i:.l.:,1\::. t:·,i~\ ~){,:.!.~!:.? :\.'1,'\,=1,._f ••".·1·:·,·~-~ .. t .. ~.< .. ,.·:~.·.1.~r .•• '.· .. · ... r~\.:.1,:,;,,, .. ,!,i.·.l ••~·.t::-.'! t, ,'.~.$t" .. _i_:.".;,:\,:.·,. '{··.,.:: .• :·.).'.;: I, \ .. ,.: ... · \ ... ,.'.'.'. • •.·.\ • '· ....... ' .... ', • ,',,', -'. ' I ~. :, •• i_.~-.·.,·:-,r :-•.. ~ .. ,, . .:.~.·.. : .. {.' ~ ·,'·.~= ... :·.:'~.:· ... ·.:,,.·.·.·.,:,· .. ,· .. ,,, .. ~ ·, ;::-:~~·~"-\ t:·\~i J'.,·~:r:'::~;:..,r~:>:~.rS~··...... ...:-:i;:\.o:.,::: ;.•!~'!:.;i:i:r,i: ~ ~ ;, . ' . ~· . .. ~. . ~ .. ,\ .. :,,:·\'l,;~t.\":•,•'•:•,:-:·.·l'' :,.,,,\',\,',,,'••:•'···.,:·~ (
SECTION 7. MAINTENAH~ AND R.EPAJR OE THE PREMISES t\NQ
LEASEHOLD IM~ROVEME~TSt {;ONSTRUCTION Plt
REQUIRED LESSJj:Ji} I,MPROVti,MENTS,
. 7,1 . Maintenance and Re12ail' of Premises, Lessee expressly agre~~ to malntah1 and to keep, at its sole cost and expense, the Premises and all Leasehold Improvements thereon ,irl a safe, clean and sanitary condition, Fo1· purposes of this · Agl'eement, Leasehold Imp1·ov~ments eLease~old Impt'ovements,,) shall include all Exhibit a
. Existing Improvements, Required Lessee Improvements as described below, and any additional improvements made to the Premises during the Te1m hereof, All pavement surfaces used for airoraft transit or parking shall be maintained in accordance with FAA . design standards, including> without limitation, markings, lighting and physical condition.

Lessee hereby consents ~o pel'iodio inspections by City'for the purpose of determl.nihg maintenance violations upon l'easonable notice, except in an emergency, in whioh case no notice will be required. Lessee further agrees to promptly correct each and every violation. Lessee shall riot allow refuse, garbage or trash fo accumulate on or adjacent to the Premises, except on the date of scheduled pick .. up service, imd then only ·fn appropl'iate receptacles located in areas designated for such purposes. 7,2, Repajrs Tgj3p J11.~ompliance With Low, Lessee shall make all nec~sary l'epairs t9 maintain the Premises and all Leasehold Improvements thereon, including the repairs or replacement of equipment, structures, 01• other physical improvements 011 ~he Premises, as well as painting, cleaning, and other upg1-ades.

Repairs shall maintain the Premises in its current operational condition or the operational condition that exists following the completion of the Required I.;essee Improvements under Section 7.4 hereof, leas normal wear and tear, . All repairs shall comply with any and all applicable 1~gulatlon'8, laws 01· ordinances of the United States, State of California, County of Los A~geles~ City of Santa Monie~ or other govern.mental body including, but not limited to, the Federal Aviation Administration.

7.3. Alterations. Additions or Changes t-o the Premis~s ll.egyire Pdor :Wl·itten Approval By City;, Lessee shall obtain prior written City approval for any altetations, additions, or changes to the Premises and improvements thereon, including the required ~essee improvements (1'Requil'ed Lessee Improvements") described ill Section 7.4 below. The City may withhold its consent to any alterations, additions or changes in City's sole and complete discl·etlon, .... ,

7.4 ;Regub·ed Lessee Improvements. ~r.·/ . ,, . Lessee shall be responsible for the following requil'ed,XeaS):hold improvements (the "Requit'ed Lessee Improven1ents"): ·
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Packet Pg. 515 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) i
I
'
.. ( (
. 7 .4.1 fainting, Lessee s,llall paint all strnctut·es on the Leasehol~ Premises prior to August 31, ~006 and shall paint all stmotures on the Le~sehold:

Pre~ises again dut'h1g the period September 1, 2010 to August 31~ 2011 . . . 7,4.2 rnsrnllation of Aircrnft Tie-D0m1 Clmin§. Following the pavement improvements on the aftc1•aft ramp alid tie .. cJown areas, Lessee shall install airoraft tie..'.down chains consistent wit~ the standards utilized by the City in: the installation of its airci·aft tle--0own chains. Lessee shall consult and secure the.appro-val of the Airport Pirecto1· or his or her designee in the process of installing these required afrctaft tiewdown chains. ' . '
7,4,3 Ramp Ligbting S;utem. Lessee shall.install and maintain a ramp lighting system. The plans and schedule for the installation of the l'amp lighting ~yst~m shall be submitted fOl' City approval no late.t· than August 31, 2006, as pait of the.Facility Improvement Flan and°Schedule described below, . .
7,4,4 FacUlty Imp1·ovemeut Plan·and Schedul~. No latei· than June 30, 2006, Lessee shall prepare and submJt, 01· cause to be prepared and submitted to ~he Airport Director 01· his Ol' her designee, fol' approval, and incorporation into this Agreement as Exhibit <1B11, ·a facility improvement plan (".Facility lmp1·ovement Plqn11) which shall include all of the followlng: (i) a detailed layout plan which reflects . locations an:d detaiiect descdptions of all 1'equ1J:ed Lessee imptovements~ (ii) a plot plan; (iii) preliminary plans and speoifioationa for the construction of the Required Lessee ImprQYements; (iv) a detailed project schedule; and (v) the cost estimate and budget for ·the Required Lessee Imp1"0ve1nents. Lessee shall be 1·esponsible for the entire cost all.

Required Lessee Improvements.

Exhibit 9
. . 7,4.~ l3-1dl<Jjng Permit and Reguil'ed :f\.pm:ovals; C2Qlmencement of . ~onstl'llction, Lessee shall obtain all n~cessary approvals to constl'uct the Requil'ed Lessee Improvements, obtain the issuance of any l'equired building permits, and commence construction 'of the Required Lessee Improvements by August 311 20Q6 or the . oonstruotlon commencement date set forth in the project ~chedule set fort~·1n·Exhibit B, 7,4,(i Completjon;Dntes for Requfred Lessee Improvements. Lessee shall diligently proceed and carry out construction of the Required Lessee improvements and shall subsmntially complete the Required Lessee Impl'ovements, as set ·torth in Exhibit B, . · ":,
' ~(·1 ·~~· . .
7,5, Li1nited Obligatlon of the C!fy, City will make~~eita,in pavement impl'Ovemen1s ('~Pavement. Imp1·ovements") to the Premises in an amount not to exceed· $100,000.00 (One Hundred Thousan.d Dollars), as more partioularly descl'ibed in Exhibit B. Except for these Pavement Improvements and any damage to the Pl'emiaes proportionately caused by the City's negligence or willful misconduct, City ~as no ·16·
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Packet Pg. 516 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) . ( (
$5,000,000 pombined Single Limit per Occiu-.rence
$5,000,000 Aggregate ·
2, 0l'ound Hangarkeepers Liability:
. $500,000 per Aircmft
$1,000,000 per Occurrence
$. Personal InNry J;.,~~b!Hty:
$110001000 per Oocurtence
$11000,000 Aggregate

4. Premises Medical:
$5,000,per Person
$25,000 per Occm't'eli.oe
Exhlbll 9
B. Business Automobiie L!ability Insurance shall ~overl~ability adsing out of any a-µtomobile (including owned, hired and no11-owned . autos). Cove.rage shall be wtitten on Insurance Services Offices form CA 00 01, CA 00 051 CA 00 12, CA 00 20, or a S\J-bstitute form providing equivalent liability coverage. IfnecesSttry,·the·policy shall be endorsed to provide contmctual liability coverage. '.

C. . . Aircraft liability insul'ance shall include coverage for owned, non- .,. owned or hired aircraft.

D, ·Property insurance policies shall c;ontain. a no co-insu1·ance penalty provision. The Property polioy or policies shall be endorsed to provide Business lnte1·mption coverage to provide for the payi'),lent of twelve (12) months of Monthly Base Rent ·due City at the time of the loss.

E, Envil'o111t1ental Liability insurance shall provide coverag'e fo~ sudden · and non-sudden pollution conditions to cover pl'operty damage> . , bodily injury and cleanwup oosts l'ehited to lessee>s use or occupancy ofthePi·e.mises to include any leak or splll.as.sociated w1th the storage tank located on the Premises. ·

9.3. ;Qeductibles and SeJf .. I»sured Retentions.
. . . ~
Any deductibles or self-:lnstli'ed retentions in excess of $10>000 must be declared to and approved &y the City. Lessee shall provide a bond 01· other fmancial guarantee in a fo1m re@sonably acceptable to the City, gnal'anteeing payment of any deductible or self insured amounts in excess of$251000, · . . . • 20 ~
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Packet Pg. 517 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ,,
( ( !:Xhlblt9

9.4. Qtb~r lllSUl'ance Provision!,
. '
. The commercial general Habilityt business automobile liability, · , hangarkeepers' liability, aircraft liability and envh'orunentaL impairment liability policies shall contain or be endorsed to contain the following provisions: .

A, City' of Santa Monica, each member of its City Coui10il, Board and Co~ssion, its officers, officials,. employees, and volunteers ("Insured City Parties") are to be .covered as additional insureds with respect to liabi1ity arising out of automobiles 01· aircraft owned, hired, or non-owned by Lessee; liability arising out ofw'ork or · operations pedbt·med by Lessee 01· on beht1lf of Lesseej 01· aircraft undel' Le'ssee's care, custody1 and control. under the COL policy, using the lnsurance Services Office additional insured endorsement fonn CG 20 11 or a substitute providing equivt,tlent coverage. City and'other additional insureds mentioned la this paragraph shall noti by reason of their inclusion as additional insureds, become liable for any payment of premiums to carriers for such coverage.

B.
c.

For any. claims l'elated to this Agl'eement, Lessee's insurance . coverage shall be prlmary as respects the In~ured City Parties, Any insurance or self~insut·tmoe maintained by the Insu1·ed City Parties shall be excess of Lessee's insurance and shall not contribute with it.

If any of the liability policies· are written on· a claims made basis, it sliall be maintained continuously for a period of not less than three (3) years after the termination. of this Lease. The 11Retro Date'' must be shown, and must be befo1·e the date-of the Lease o.r commencement date of the Lease.

The' policy or pQlioies shall be endorsed to provide that the 1r;1,sured City Parties be named as additional insureds as thei1' interests may appear. . 9,6, )Yaiyer of Subrognti®, . '•,,
The Insurer (fo1• property arid wo1·kers' oompe11$'.atlon only) sh~ll agree to waive all dghts of subl'ogation against the Inimred City Pru'ti~ef fo~losses arfsing from activities and operations of Lessee under this·Agreement.

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Packet Pg. 518 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( . ( Exhibit 9
9,7. All C9yerages,
A, . . Each insurance policy required by this Sectj.on shidl be endorsed to state that coverage shall not be cancelled except after thirty (30) days prior written notice by certified mailt return receipt 1·~quested and given to the Citts Resource Management Department to the attention of the Airport Director or his or her designee. ' . B. The minimum atnounts pf it1sm·aney may be hicieased in accordance with lnoreasest if any, reasonably determined by the City to be necessary to maintain policy limits .from time to time in amounts customary and usual for premises comparable to the Premises, and such increases~ if any1 a.re to be made on a yearly basis ·on or. about the commencement of each Rental Year, '
C. If Lessee, fol' any re~son fails to maintain insurance oqver~ge which is required pursuant to this Agreement, the same shall be deetn~d to be a material b•·eaoh Qf oontract, City, at its sole option, may terminate this Agreeme11t and obtain damages from Lessee resulting· fi'qm said breach, Alternatively; City may purchase· 81.leh'COV(il~e . (but has no special obHgation·to do so). and the cost of same, · including any interest 011 insurance premiums paid by City shall· be deemed Additional Rent and shall be payable upon City's demand. . 1 •

9.8. A£septnbillty of Insurer§,
Insurance is to be placed with insul'ance with a ciment A.M. Best's l'ating of no less than A:6 unless otherwise approved by the City's Risk Manager; · ·. 9,9, Verifkat!on 2f Cove•·nge.

Lessee shall fun1ish City with original oeitifioates and amendatory e11dorsements effecting coverage J'equired by this Section, The certificates and endorsements for each policy at'e to be signed by a pe1·son authorized by the insuret· to bind coverage on its be.half, The certificates and endorsements shall be on fonns _ p1'ovided by the City1 or on other than the City's fo1·ms, provid~d these forms and· · endorsements confonn to the City's requireinents. All certificat~iand endorsements are· · to bo received and approved by the City before occupancy oocu.f.,; .. -The Cityr~serves the l'ight to l'equh'e complete, certified copies of alt l'equ,fred insurance policies, including . endo1·seme11ts1 affecting th~ coverage required by these specifications at any time.

II I
Ill
. .

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Packet Pg. 519 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
9,10, J,,essee>s ContrRctor>s Insurnnce,
· All coverages for co11traotol's and suboontraotot's shall be subject to· all of the requirements stated herein, except that any contt•actor must 1naintain a Commercial General Liability policy,with limits of not less than $1,000,000 per occurrence (for contractors perfonning capital itnpl'ovements and $1 ~000,000 per occm'l'ence for CO?-tnioto1·s perforn:ling maintenance and routine repttfrs), Each cont1'aotor shall p1·ovide a 1'Bui1ders' Risk insuranQe policy written on an "All Risk'1 or uspecial Causes of Loss» basis in ·the amount equal to the completed value of the project with no co-insurnnce · penalty provisions. The insurance shall be on a replacement cost basis and be provided on a completed value form. · ·
9,11, s,1blessees und Licensees,
Exhibit 9
· Lessee shall include all sublessees and licensees using the Premises, and all . consigno1·s and bailors giving custody and control of personal property to Lessee, as additional insureds under its policies or shall furnish separate certificates and endorsement'i for each sublessee, licensee, consignor and bailor. All coverages for sublessees, licensees, consignors and bailo1·s shall be subject to all of the requirements­ .stated herein as l'equh'ed or modified by the City.

SECTION 10. INDEMNIFICATION. DEFENSE AND HOLD HARMLES§. . · Lessee agrees to indemnify, defend, and hold hannless the Insul'ed City Parties from any and all loss, damage, cost, expense, liability, claims, demands, suits, attomeys' fees, and judgments arising directly or indirectly 'from or in any mannet· related to , .

L,essee' s possession, occupancy or use of the Pl'emises or arising from or in any inanne1· connected to Lessee's business1 activities, operations, serviee ol' wol'k conducted in or a.bout the Premises, t(;lgardless of the active or passive negligence of the City, except as otherwise stated hereinr ·
Lessee shall indemnify1 defend and hold the Insul'ed City Parties har.mless fl'o.m and against arly and all claims, de~ands, actions1 losses, damages, expenses, costs and the like, includin~ but not limited to City1s attorneys' fees and costs or the value of all legal s·ervioes supplied to City, suffered 01• incurl'ed by City by reason of Lessee's failure to timely sun·ender and vacate the Premises upon the' expiration or earlier termination of this Agreeme11t witli.out the wl'ltten consent of the City. · .... I ~:~·,f" ' • • ~:~• Lessee shall also i'nde.mnit'j\ defend, and hold hal'mles~\he;,Insured City Parties from and against a11y and all loss, damage, costs, expense, liability; claims, demands, suits, attomeys' fees and judgments arising from or in any manner connected to the furnishing 01· supplying of any work, services, matedal~, equipment or supplies by any 1·
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Packet Pg. 520 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( ( Exhlblt9
persons, firms, corporations 01· othel' entlt~es undex· the .control ol' si.1pervision of or invited by Lessee in~ on. or about the Premises, . · . . . . :

Notwithstanding the foregoing, Lessee shall have no obligation to indemnify, defend or hold harmless I11sured City Pal'ties where the claim arises from or relates to willful and wanton misconduct or inaction that is directly attributable to one 01· more of the Insured City Pa1'ti~. ·
· The Lessee shall pay the City fol' any ~oats incurred in enfo1'Cing this Section. The provisions of this Seotio1rshall 1mrvive the tenninatlon of this Agreement with respect to any loss occw:r.ing prlorto upon termination. . ·
SECTION 11, CITY'S lUGHT~;
11,1, Iugg;~ss and Egress , The Qity 1-eserves: the right to enter the Premises at any time, ln the 9ase of an eme1·gency1 and otherwise at reasonable times, f9r the purpose of inspecting the conditio11 qfthe Premises and for verifylng compliance by Lessee with this Ag1·eement and all applicable law.and. to employ.experts and/or consultants in connection therewith and/or to advise Lessor with respe.ot to Lessee's acUvit,i.es, inch.lding) but not limited to> the operation, use, monitoring, or maintenance, or removal of any Hazardous Matelial or storage tank on 01· fl·om th<;1 Premises. For purposes df this Leiise, "Hazardous Material or Materials" shall mean: (i) "hazardous substance" or "toxic . substatices;n as defined by CERCLA; (ii) 11haza1'do1.1s waste," as defined l>y RCRA,; (iii) "l-iazatdous Waste/ "Extremely Haza1·d0,us Waste" or "Restricted Hazal'dous Waste/' as those terms are defined by Sections 25115, 2~117, 91• 2SI22-7 of the Califomia Health and Safety Code, Division 201 Chap~1· 6,51 as amended orhereaftea· · amended; (iv) any pollutant or contaminant or'hazardous, da11gerous or toxic cheinicals1 • · matelials 01• substances within the meaning of any other envil'oinnental laws; (v) mqre t'han 100 gallons of cmde oil or any fraction thereof. that ia liqtiid at standard conditions of temperature and pressw·e (60 degrees Fahrenheit 1;1nd 14.7 pounds per squat·e inch absolute); (vi) t'!nY radioactive matel'ial, including any so1.1rce, special nuclear 01• by" ~ product material as defined at 42 U.s.c: §2011 ~~.,as amended 01· hereafter amended; ancl/ol' (vii) asbesto.s o.r PCBs in any form ot· condition.

11.2. ,A2ce-ss for inv11•onmental Tests 01· W~n:!£. The City reserves the right to access the Premises to peifotm ·any envil'onmental tests and any other envit'orunerital work on the Premises. The City, will provide the Lessee with pr~o1:notice of the date and .. · ·1ooation of any environmental tests ot work to be performed on~(lic Premises. 1Prior to the commencement of any environmental tests or wo1'.k on the P1·e1r,i:Jses.i Lessee and Lessor will agl'ee 011 a work plan tn,at ensures continued operations during the period of such tests.and wo1·k and1 if necessary, the feasibility of an alternative location dui'ing such pe1fod of testing or wol'k. ·
,,,
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Packet Pg. 521 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) l~~:,~f.::f f::~{r,::: ~'/)"/:~?~:!::i?/?)?' ::·:::~,111 ~:\~_)1~!:'f, J?.:~~. ~).~f~.·:~.:~.:\}"i' ' it: }ft~\':J.:,?_\:!tNJJ ;~1~-;~i~~t~~. '· '\~~?~~??. r~r.~.~:~l,r~~.-~,·~~;{{.\ ..~.,., ;!ft: :~\~~:t.: .. \~?l~.: !~.·· •. r:.-~g't:·?.t~.,i.fl~i~I ,.\.',:\,';~ ~ r~.; 1·::: :,:.,~ ffc'(:\. :O::i'·]~·=\·t·;,; :i: ·1 • . . .. • •\. '• :,• .~: ":.!'•\'1,:•. \ :~·:·:;,, ;•:,:, . :.:i ,,
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11.3, Malnt~nanct gng Ren11h' ofUn<Jru:aronnd ~torage Tank, Lessee shall be responsible for the maintenance and repair of the underground storage tank (UST) installed on the Premises, · . 11.4. Right To Aycess, In addition to the rights set forth in Sections .11.1 and l 1.2, abovei the City shall have the right at all reasonable times to enter the Premises to:
(a) inspect the ~1·emises and all Leasehold Impl'ovements; (b) show the Premises to · prospective tenants; (o) serve, post and keep posted notices requil'ed by law or that the City considei'S necessat'y; (d) make repairsi 1·eplacements, alterations, or improve1ner1ts to the Premises or Leaseho1d Imp1·ovements that the City considers necessiu'Y 01· desirable (without any obligation to do so); ( e) take possessioi1 in the manner set forth in this · Agreementj or (f) petfonn any covenants of Lessee that Lessee fails to perform.

Exhibit 8
11,5, ;Bjght to Regulate. Access, In addition to the right to access, the 9ity, in its sole and complete dlscreJio11, may at any time control and limit access to. in, or abqut the · Santa Monica Municipal Airport for the public health, safety, welfare, or for MY other , municipal or p\1blic purpose. The City r<,serves the l'lght to regulate the hout·s and location of deliveries and l'estl'ict the activities of the Lessee with 1'egat'd to all delivel'ies, loading, unloading and servicing of the Pl'emises, and Lessee agrees to abide by the . l'egi.llations of the City. The City also rese1ws the right to restl'ict and control access routes to the Santa .Monica Municipal Airport and the Pl'em.lses during the days ahd hours which the Santa Monica Municipal Airport is clo~e'd or operations are at m~nimum levels .. ' • ' I SECTION 12. JmS]'B!CTION~ 0]8 :ASSIGNMENTS on. s:mn:,EASES. 12,1, Assigi1ment and Subletting Require Pl'lor :Written Consent from Cif:x, Lessee has heen seleote.d to lease the Premises in reliance upon business expedence, ·reputation and stated and i111ique expertise of the owner ofLe&see and its sldll and expel'ience in opel'ating fixed bas.ed opel'ations. Except as provided herein) Lessee shall not assign1 hypothecate or transfer this Agteement or any interest herein or sublet the Premises 01· any pol'tion thereof1 by ope1:ation of law ot• otherwise, (generally, a · "Transfei·") to any person or entity (11Ti·ansfel'ee11) without the prlor written consent of the· City, which may be withheld in acco1·dance with this Agreement. Ap.y attempt to Transfer without complying :with the ;foregoing shall be null and void, and an'y assignee, sublessees, lienholder or transfe1·ee shall acqi1i1·e 110 right o:r interest by reason of such attempted Tl·tmsfe1•, Any attempt by the Lessee to make a Transfer of its intel'est without the prior wrltten consent and app1·oval of the City shall be dee:9.1rd a material b1-each of · · this Agreement. ~,., :· . c
/- _;·

12.2. Tl'imsfer of Corporate Shru·es. Any sale or transfer of all or substantially all of the stool<, .assets 01· othe1· equitable interests of the Lessee that has the effect of a material change in the control of Lessee shall constitute a Transfer of this Agreement reqilil'ing th~ City's prior written approval put·suant to this Section; • 25-
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Packet Pg. 522 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) :I J
.i
( ( E:xhlb!t 9
12,3. Lessee's Appllcqfion for Co11se11t, If Lessee desires to m~e a Transfer, Lessee mt1st submit in writing to City the name of the proposed T1·ansferee, the proposed Transferee's business to be conducted in the Premises, the tenns and provisions of the proposed ,Transfer, information of the pl'oposed Transferee pertaining to ~e l'equirements set forth in this Section, or othe1' information as City may request. No request for a · Transfer shall be considered by the Ci~y ~ntil receipt of tjle above information, ' '
· 12.4, Grom1ds f21· Denying Consent , Since the City would not entei· into this Agreement but for the business experienc6> 1•eputatlon and expertise of A T E of California, Ino., any proposed Transfel'ee shall not be appl'oved ·unless the City has determined, as minimum requirements, that such proposed Trana:fetee h1ts ·(a) adequate business experience in opel'ating sitnilffl' types of establishments to fulfill,L:essee~s · obligations set f(?rth ;n this Agteem.ent; (b) a credit qualityreqsonably satisfactory to fulfill Lessee1s obligations l.mder this Agreement and verified by the City; (c).the personal chat·acter, reputation and integrity of.the proposed Transferee an~ its principals and operational offloel's and ow!lers are of the at least the same caliber as the Transfero1·, and (d) the p1•oposed Transferee agrees to expressly assume 1111 of Lessee's obligations , under this Agreement and all liability arJsi11g from the condition of the Pre;mises during Lessee's occupancy and use of the Pl'emises, such assumption of obligations includJng,. without limitation, all monetary obligations and tl;lquh·ed envh'onmental re:mediatien under this Ag1·eement, · City may establish other reasonable requirements of the proposed , Transferee, and subsections (a), (b) (c) and (d) of this Section are not to the exolusion of any other reasonable requirements which the City may est&blish, 12,5, !,;Joyditlons to Co,1sent. Prior to any request for City's consent to any Transfei, all of the fo11owing conditions shat~ be met: · ' A. . Subject to the requirement for an express written rissumptlon of obligations by the Transferee, as described in Section 12.4 above, the·original named Lessee shall not be refieved of its obligat,ion to pay Monthly Base Rent which accrues, on find after tlie date of City's wiitten approval of the Tran~fer, and to perfor.i:n, all othel.' obligations to be pel'formed by Lessee hel'eu11der provided that any S\tCh approved Trnnsfe1· is evidenced on City approved fol'tns.' B, Lessee shall reimburse City for City's attomeys' fees incurred or the",, value of attorneys' services received in ool)n~ction with the l'eview, · · processing and documentation of such Transfet request. .i·-. • . >}~ ~? C, Lessee shall inform City of any and'·an oompeusqtlon it receives in cotU1eotion with any Transfe1'. City shall have the l'ight to request Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 55 of 72 Page ID #:999 EXHIBIT C PAGE 047

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Packet Pg. 523 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) (
I ( Exhibit 9
and receive ti·om Lessee a11y additional information reasonably · related thereto. · ·
D, . The Transferee shall agree that in the event that City gives n9tice to any sublessee that the Transferee Lessee is in monetat·y qefault · under this Agreement, sublessee shall thereafter make any sublease payments directly to the City. Tltese payments shall be received by the City. without imy llabUity pursuant to the sublease, ~nd S\lble~see shall agree to attorn to the City should this Agreement be terminated for any reason) except that in no event shall the City be obligate~ to accept an attomment.

E. Any such consent shaU be effected o.n forms approved by City, · F. Les$ee shall not be in default heryunder in any l'espect, nor shall any event have then occurred which, with the giving of notice Of passage of time 01· both1 wo1.1ld constitute a deflmlt under this Agre.ement which~as not been cured or waived.

G, Any such T1·ansferee must agree to assume> be bound by and perform all of the terms1 covenants and conditions of this ·' . Ag1·eement1 subject to the condition that City shall not be bound to any provision of any agreements pertaining to such Transfer to the extent such agreement gl'ants l'lghts not possessed by Lessee ag!linst Clt;t,
H. On~ executed copy ofany and.ali written instruments evidencing or relating to any such Transfer shalt be delivered t6 City. City agrees not to disclose any confidential infbrmation which may be conmined therein, except as othelwise requll'ed by applic~ble law, · . .

I. All sublessees must obtain and maintain a Santa Monica Coinmeroial Operations Pennit, as well as all other applicable permits and licenses, during the entire term of the sublease. 12,6. Acceptance of Rent fr2m Trn11sferQe, The acceptance by City of the payment of Rent following any assignment 01· other transfer prohJblted by this Section shall 'not be deemed to bl;l a waiver of any jight or remedy of ~lty hereunder 1.. . ~~. ' .

SECTION 13, COVENANT AGAINST J;IENS, . >I ~
Lessee shall not be the c·a1.we or object of any liens or allow any Hens to exist1 attach to, or be placed on, or encumber City's interest in the Premises by operation of law . . . • 27 •
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Packet Pg. 524 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ,I
( (
or othe1wise. Lessee shall keep the Premises free and clear of imy mechanic's liens, and otlier liens, and liens for labor, services, supplies, equipmenti or material funtlsheu 01· claimed to have· been furnished to the Lessee or the Premises. If any lien is attached or Lessee .t'eceives notice of any lien, Lessee shall cause the liei1 to be released and removed from the record 01• provide documentation of adequate surety for payment of the lien amount within five (5) business days from l'eceipt of notice of lien, and shall notify the .City of the' existence qfthe Hen. Despite any other'pl'Ovislon of this Agreement, if the lien is not released and l'emoved by Lessee, or if Lessee falls to demonstrate adequate surety for payment of the lien amount, the City may take all a~tion nooessary to release and remove the lien. Any surety obtru11ed to secure payment of any, lien hel'eunder shall be in a form and' of a duration approved by the City. All expenses, including reasonable · attomeys' fees1 incut'1'ed by City in connection with the.Hen shall be considered . Additional Rent by the City under this Agl'eement and shall be immediately' due f!lld · payable by the Ll.'.lssee. ·
. '
SECTION 14, IAXE!S AND ASSESSMENTS.

Exhibit 9
14,1 I:essee's Obligatioll to PD,IT!U:e~, The term 11Tax Year" shall mean and refer to each twelve (12) month period ( deemed, fo1, the purpose of this Section, to have 3{>5 days) established as the real estate tax year by the taxing autholities having lawful jurisdiction ovel' the Premises, Lessee shall pay in each Tax Year during the Term, directly to the app1'0prlate taxing authodttes1 all teal estate taxes, bonds1 levies or , charges, ~d valorem taxes and assessments, general and special assessments, ;taxes on the 1·1 Premises, or any other tax imposed upon or levied against real e/ltate or upon ownel's of . · real estate, in.eluding taxes -upon Leasehold Improvements pay~ble with respect to ot allocable to the Premises, all land and all buildings and improvement situated thereon, whether assessed to the P1'emises or to City. Any taxes to be paid by Lessee under this Sectton shall be paid dit'ectly to the pr~er taxing authodtles at least ten (lO) days b~fo1'e · due.

14.2. P~rsonal P•·onertt Taxes, This Agreement may create a possessocy interest in public property which is subject to taxation. ~ the event possessofy interest is created> Lessee shall pay any and all taxes levied on such interest. In (lddition1 Lessee · shall pay to the appropl'iate agency not less than 10 days pl'lor to delinquency, any and all sales1 excise, im4 othel' taxes and license fees or other charges levied, imposed or assessed by any taxing o~· levylng auth?rity incl~ding the State of California and County .... , of Los Angeles whether 011 its goods sold or on its Leasehold I~pove1nents1 equipment, · furniture1 01· personal property in or about the Premises (collect{yely, 11Pel'$onEtl'Property Taxes"). In the event any cir all of Lessee's Leasehold Improve{hents (as herein defined), equipment, fumiture, fixtures 01· personal prope1ty shall be assessed vyith the real pl'Operty or as Taxes charg-ed to City, Lessee shall pay to City all suoh Personal Property Ta:xes within 1 O days after delivery to Lessee by City of a statement ht writing setting forth the amoqnt of such Personal Property Taxes applicable to Lessee's p1•ope1ty, • 28 •
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Packet Pg. 525 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
14,3 Bsmer.YPtion of Rights. Lessee teset'ves the right to contest any federal, state or local tax assessment of any kind provided that Lessee agrees to indemnify, defend and hold hannless the City against a~y damages adsing from such contest.

SECTION 15, UTILJI1JJ:S.

EXhlblt 9
· 15.1 Utilities Co§.t§, Utlllties will be separately metel'ed and Less~e shalt pay all charges fo•· all heat, :water, gas, electricity, light, powei·, telephone and sewer 01· other· services used by it and suppliep by City, a public utility or P\lblic authority, ,or any other pe~son, firm or co;rporation. . . . ·
15,2 pisswutimrnn£U and Intenuntions of Utili'Q'. Services. City shall not be Hable to Lessee in damages 01· otherwisQ (a) if any utility ~hall booome unavailt;ible from . any public utility compa~y, public autho1:ity or any other person 01· entity (including City) supplying or distributing such utility, or (b) for any lnte11·uption in any utility service (including, without limitation, any heating> ventilation 01· air--conditloning) caused by failure to pay such ·utility services, the maldng of any necessary xepairs or improvements or by any cause beyond City's reasonable copt1·ol1 and the same shall not constitute a termination of this Agreement or an eviction of Lessee, SECTION 16. SlQNS, LlGHTS.ANJl ADVERTISEME,NI . .

Lessee must si1bmitplans for all si,gns, outside lighting and advei'tisement to the Airpo1i Director, or hi$ ·or her des!gnee, for prior approval. All signs1 outside lighting and advertisement shall be in 001npliance with the requirements, 1·egulations and ot'dinances of the City of Santa Monica. Atidit!onallyJ Lessee shall comply with all regulations of the Federal Aviation A~:tninistratlon pe1taining to signage and lighting of the Premises, Lessee shall mau:itain adequate lighting and illumination of the ?remises.

SECTION 17, DAMAGE OR JW}STRU{riTION TO TJJE PREMISES QR IMPRQYI&MEN'ra.
17,1. fiotice of·Damfge to the Premises. Lessee agrees to notify the City immediately of any damage to th-e Premises 01· Leasehold Impi·ovements rest~ting from fire, earthquake1 or .any other identifiable event of a sudden1 unexpected or unusual na:tllf~ whe1·e .such damage exceeds the sum of $10,000. . / ·;: · I ' ·:;') I :' • . (~ 17,2, ~emdr o·r Rebuild the ~re:m)se§, In the even:tthe~remises or the Leasehold Improvements are damaged or destroyed> Lessee shall, at Lessee's sole expense, repair 01· rebuil?, as necessary, the Premises to at least the quality level existing prior to the damage or destruction and in any event at a level suitable to conduct the required activities and services set fol'th in Section 3 .1 (as they were conducted pr.lor to • 29 •
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Packet Pg. 526 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( ( Exhibit 8
the damage to the Premises), Notw1thstanding the foregoing, Lessee's obligation to repak or requlld the damaged or destroyed Premises shall be subject to a~d llmJted by the fol~owing conditions:
. A. I!»mage or Destructjou of the Premises in Fi)rnl 3 YeR1's of Remnfning Term. In the event that there are less than three (3) years remaining or,.· the then current term of this Lease Agreement following the date the Pl'emises have been damaged or destroyed, Lessee shall hqve the following dghts :
(1) If damages to the Premises exceed the total amount of insurance proceeds.payable by Lessee's insurel's or if Lessee cannot repair the damages and continue its operations on the Premi~es ih an economlcally viable mannel', then Lessee may terminate this Agreement subject tp all requirements in Sections 2.4 and.8.4 of this Agt·eement, Upon such termination1 Lessee shall tend.er possession of the Premtses and Leasehold.Improvements to City and shall assign to the City au 1'1ght title and interest to the proceeds of'the Lessee's insurance policies maintalned pursuant to Section 9 of this Agreement; or ·
(2) ln the case of destruction of the P1·emises and if Lessee cannot rebuild or reconstt·uct the destroyed Prem~ses and continue its operations on the Premises in an economically viable manner, then Lessee may terminate this Agreement subj~ot to all requirements in Sections 2.4 and 8.4 ofthls Ag1·eement. Upon such tenninatio11, Less~e shall tender possessioll of the P1·e1nises to. City and shall assign to the City all 11g1it, title and interest to the proceeds of ·.

Lessee's insurance.poUcies maintained pursuant to Section 9 of this Agreement, . .

B. D1unnge or Destruction of Premises :with Remabdng Term, · Exceeding 3 Year~. In the event that there ate'more than three (3) yea1·s l'emaining on the then cmTent term of this Agreement following the date the Premises 'al'e damaged (such that Lessee and its subtenants cannot continue their respe-0tive ope.rations in a financially viable ~anner in the Pl'emises) p,11-al'e destroyed, the City':
and Lessee shall meet and confe1• bn the ~slbility of a r~location plan fol' Lessee and its subtenants, whicl1>wo~ld allo:w, Lessee a1\d Less~e's subtenants to continue their l'espectlve ope1·ations in a financially viable manner at the Ahyort. If the parties are unable to agree on a relocation.plan within thirty (30) days of such damage or destruction of the Premises, then, eithe.r party shall hav~ the right to • 30 •
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Packet Pg. 527 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (.' Exhlblt9
terminate this Agreement, subject to all requirements in Section's 2.4 and 8.4 of this Agl'eemeut. Upon such termlnatiort, Lessee shall tender possession of the Premises to the City and shall assign to the City all right title and interest to the proceeds of Lessee's insurance policies maintained pUl'SQant·t~ Section 9 of this Agreen~ent. 17,3, Damoge or Destruction t2 tbe Common &'t§lRS. ln'the event th-at the . Connnon Areas of the Santa Monica Municipal Airport.are damaged 01· destroyed by fire 01· any.other cause or are otherwise made um1sable, to the, extent of fifty percent (50%) of the total insured value or replacement cost of all such Common Areas or the Airport becomes unusable or unavailable for use by general ~viatlon for any reason for a pe11od greate1· than thirty (30J days, either party shall have the right to terminate this Agt·eement (subject to all 1-equh'ements In Sections 2A and 8.4 of this Agreement), by 'giving written notice to the other party. Otherwise~ the City shall repair the damage as soon as· reasonably possible in ~hlch event. this Agreement s~all continue in full force and .effect. . . . 17.4, Le§see's Remedies, Lessee shall have no claim against City, its City Council, boards and commissions, office1·s1 agents, and employees for any damage, loss of business 01· good will, alterntions, imp1:ovements, fixtures, furnishing, equipment, buildings, stmctures, vehicles and inventoty suffered by reason of any damage) destruction, l'epafr.or restol'ation of the Premises 01· the Common Areas of the Santa Monica Municipal Airport. .
17,5, Insurance Proceeds, Except as otherwise specifically provided herein, all insurance proceed~ payable with respect to the Premises and 'Leasehold Imp1·ove~ne11ts shall be payable to Lessee~ subject to Lessee's obligation. to use any such insu1-anoe · proceeds to either satisfy its l'epah- and restoi·ation obligations heJ'eundel' or assign 01• transfer such insul'ance proceeds to the City.
17,6, lY,aivjlr, City and Lessee waive the p1•ovisions of any statutes which 1·elate to termination of leases when leased property is destroyed and agree that such event shall be governed by the terms of this Agreement to the extent of any conflict between said statutes and this Agreement.

SECTION 18, ,CQNDEMNA~1'IO;N.

18.1, Ef{ect of Tald11g, If the.Premises or anypo1~i.9n thereof is taken undei•.' the power of (;)Jnine11t domalfl: by other than the City or one otJia. constituert parts, this Agreement shall termi11ate as to the part so 'taken 01?, the date,f,.esa:,ee is reguired to yield possession thereof to the condemning authotity, In the event that only a portion of the Pl'emises is subject to condemnation1 and the conduct of Lessee's business on the remaining portion of the Pl'emises would :i:iot be commercially feasible in the reasonable Judgment of Lessee, then Lessee shall have the option to te~inate this Agreement on • 31 ~
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Packet Pg. 528 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) :\
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w:dtten notice to City. Lessee's option.to tennb1ate,hereunde1· is only valid· if exercised within thil'ty (3 0) days of the date when Lessee is requh'ed to yield posse~sion, ..

Exhlblt9
If any notice of termi~ation is given pursuant to this Section; this Agreement and the lights and obligations of the patties here1.mder shall cease as of the date of such notice and Monthly Base Rent (other than any Additional Rental dqe City by reason oftessee's · failure to perform any of its obllgations here·nnder) shall be adjusted as of the date of such te11ninatlpn.

18.2, ,Condemnation A'.ward~ ,
. All compensation awarded for any taking of the l?i•emises (except for the portion attributable to the lost business and lost goodwill of Lessee which shall belong tQ Lessee) shall belong to 1tt,1d be the prope1·ty of City, and Lessee hereby assigns to ,City all rights . with respect theretoi provide4, howeveri .nothing contained herein shall prevent Lessee from applylng for reimbui·sement fl'om the condemning.authority (ifpermi'tted by Law) for niovfng expenses, the expense of removal· of Lessee's tt·ade fixtures, loss· of the Leasehold Itnpl'ovements paid for by Lessee or any other loss incun·ed by Lessee, but if and orily ff such action shall not reduce the amount of the a.ward or othe1· ~01,npensation otherwise recoverable from the condell111ing authodty by City for improvements paid for by City. Notwithstanding the fotegoing, ff the City is the condemning authol'ity, any compensation for the remaining leasehold value of the Premises wlll belong to Lessee, SECTION 19, ~OTICES.

All notices required to be given pursuant to .this Agreement shall be in writing and either served personally 01· sent'by United St~tes mail to the a~dress. llsted below, or to · another addl'ess as,may be provided by wdtten notice. Notice shall be deemed give.n within forty .. eight ( 48) hours tl·om the time of mailing if mailed as provided in this · Section,
All notices, demands1 requests, 01· app1·ovals from Lessee to' City sh'atr be addressed to City at:
with a copy to:

Airport Dh'ecto1· or Airport Manager
City of Santa Monica.
· 3223 Donald Douglas Loop South, Suit.~rl
Santa Monica, California 90405 \' :' . · "'
Gity Attorney
168S Main Stt'eet, Third Floor
Stmta Monica, California 90401
-32 •
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Packet Pg. 529 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
All notices, demands, requests or approvals from City to Lessee shall be addressed to Lessee at:

ATE of California, dba American Flyers,
2S01Airpo1't Avenue
Santa Monica, California 90405
Attention: Mr. R, Clark McCor.inick . · This Section shal11·eplaoe rather than supplement any equivalent 01· similar statutol)' notice including, but not limited to, any notices required by California Code of Civil Procedut~ Sections 1161 and 1162. When a statute 1·equil'es service of a notice _in a particiilar manner, service of such notice in the manner set forth in this Section shall replace and satisfy the statutory service-of-notice procedul'es, including those required by California Code of Civil Procedure ~ections 1.161 and 1162. · SECTION 20, DEFA!lL'fS AND REMEDIES FOR DEFAULTS.
20,1. Events Constituting Materh1I Default hf Lesse~. The oomm:ence of any one or more of the following events shall constitute a mate1'ial default and breach of this Agreement by Lessee:

I
A. Lessee's fallut'e to make any payment of Monthly Base Rent1 Additlonal Rent 01· any othel' payment to the City as t'eql,lired under this Agreement, as and when due, where the failure shall oontinue for a period of three (3) business days after notice from City to Ll;)ssee. In th.e event that City serves Lessee· with a Notice to Pay Rent or Quit pursuant to appHcable :unlawful detainer statutes1 the · · Notice to Pay Rent or Quit shall also constitute the notice required by this subsectiop.,
B. Lessee's engaging in any prohibited activity as defined in Section 3 .3 or any other activity 01• service not approved in writing by the Akport Director or his or her designee.

C. Lessee's failure.to timely prepare and submit the Faoility Improvement Plan pu1:auant Section 7.4 and to complete the Exhlbll 9
Required Lessee Improvements in a manner reasonably satisfactory ... '_to City. (? . ,> . .

D, Lessee's failure t~ perform any 11on~monetary..:obligation under this Agreement including, but not limited to, the failure to p,:ovlde any of the "Required Services and Activities" identified in Section 3, 1) above, if the failure continues for foul'teen (14) business days after written notice of the failure from th~ City to Lessee . • 33 •
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Packet Pg. 530 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
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Notwithstanding the above, if the nature of Lessee's default'requh·es mo1·e than foui'teen (14) business days for its cure; th~n the Lessee will not be deemed to be in default if Lessee commences to out'e the default within ten ( 10) days and thereafter diligently prosecutes the cu1·e to completion to the satisfaction of the City,
E, Lessee's abandoru:µent of the Premises, including the absence of Lessee's employees frol,ll the Pre.mises fol' three (3) consecutive days,
F, Lessee1s making any general arrangement or assignment of its intel'ests to the Premises 01· Improvements under this Agreement for the benefit. of credfto1·s without the written approval of, the qty, G. The filing by or agaipst the Lessee of any proceeding imder federal · bankrupt~y law, unless tbe proceeding is dismissed within ninety (90) days. .

H. The appointment of a trustee 01· reoeiver to take possesston of au or substantially all of Lessee's assets located at the P1'emises·or of Lessee's interest in this Agreement, unless possession is ~ unconditionally re,'3tored to Lessee itnd the trusteeship or receivel'ship is dissolved, ·
I. The attac~ent, execution or the judicial ~eizure of su'l?stantially. all of Lessee's assets located on the Pl·emises 01· of Lessee's interest'in this Agreement, unless that seizure is not oisohat·ged within thirty (30) days. · ·
J, The discovery by City that tmy financial statement given,to City by Lessee was materially false. ·
K. Lessee's failutre to discharge and remove any lien or encumbrance· filed against the Pre1nises 01· to provide adequate surety to secure payment thereof.

L, Any assignment of this .Agreement or anypp~ion thereof in violation of Section.12 hereof. · '(;' ,.. · · !- .

20.2. B,einedies for Def1rnlt. In the event of any occut'J.'ence of material default 01· breach of this Agreement by the Lessee1 the City will ncitify the Lessee of the existence of the hteach and, if applicable, the time for cure as specified above. In the Exhlblt8
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Packet Pg. 531 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( ( Exhibit 9
event the Lessee fails or refuses to cure, or if the material default is not subject to cure, the City may: ·
A, Terminate Lessee's l'ight to possession of the l>remises by any lawful means pursu1mt to Section.211 below, In the event of teriµination, · Less~e shall imtriediately surrender p9ssession of the P1·emises to City. In such event1 City shall be entitled to recover from Lessee ·au damages incun·ed'by City by reason 'of Lessee's default including1 but not limited to I the cost of recovering possession of the Premises, expenses of reletting, inchlding necessary renovation and alteration ?f the Premises, and reasonable attorneys' fees. . ·
B. Maintain Lessee's dghtto possession, in which·casetliis Agreement shall continue in effect. In that event,. City shall be entitled to enfQroe all ofCity>s rights and re~edies under tl)is Agreement! . '
C. Pul'sue any other 1·emedy now 01• hereafter available to City undel' the laws andjudioial decisions of the State of California. Unpaid installments of Monthly Base Rent, Additional Rent and 'Other . unpaid monetary obligations of Lessee ,mder the terms of t~s · . Agreement shall bear interest from the date due at the maximum rate . then allowable by law. · • · SECTION 21. TERMI'.NATION, ,• .
21,1, J:errnination By: Cit'£ fol' Lessee's Bl'each. In the event the Lessee falls· or refuses to perform anx of the oovenants orrequit'ements of this Agl!C)ement in the t~me and manner l'equired, the City may terminate this Agreement by giving to the Lessee written notice of termination. Upon telmination, all tights, powers, pl'ivileges and authorlty granted to the Lessee t1.nde1· this A:~1·eement shall cease, an~ Lessee shall immediately the,:eupon vacate the fixed based operations, The City's rlght to temtlnate this Agreement under this Section is not its exclusive remedy, but is in addition to all · · other remedies provided to it by law or the prqvisions of this Agreement. 21,2. Duties !JJ>on T¢rmb!atfon, Upon te11nination of this Agreement, the Lessee r,ihall pay alJ Monthly Base Rent, Additional Rent, and any other payments duet~. the City under the terms of this Agreement. Lessee further a&}'ePS to do all other things ·. reasonably necessal'y to cause an orderly t1'ansition and to sut~~rider the Pre:triises and operatio~s thereon. · . ,( ,;: ·
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Packet Pg. 532 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ( (
•.

SEC'fION 22, GENERAL PROVlSION~.

22.1. Authority, Both pal'ties have full power and a-qtholity to e11ter into this Agreement,

22.2. llttegn1ted Agreement, This Agreement represents the full and complete:understandi1;J.g of. every kind ql' nature whatsoever between the parties hereto with respect to the Premises and this Agreeme~t. AU preliminary negotiations t\.nd agreements of whatsoever kind 01· nature al'e. merged herein. No verbal agreement or implied covenru:l;t shall be held to vary the provisions hereof. . 22,3, ,Gove1·ulng ~aw , Lessee and City agree that the laws goveming this Agreement shall be that of the State of Califo1nia.

22.4. iime is of the Essence .. Time is of the essence as to each provision of · this A:,greement,

22.5, ~ity's P1·oprJetan~ Capacity, Lessee understands that the City is entedng into this Agreement in its p1•opl'ieta1-y capacity. Nothing contained fn this Agt·eement shall be deeriied directly or indirectly to 1·estrict or to impah' the City's govenunental powers or lights with the. respect to the leasehold, or with respect to'. the Lessee's use, occmpancy and, operation of the Premises pursuant to this Agreement. It is tntended. that Les~ee shall be obligated to fulflll and comply with' all requirements which may be imposed by any govemmental agency or 1:1uthol'ity of tli.e City having Jurisdiction ove1· the Premises in the City's governmental capacity.

22.6. :Nomyaivet'. No·waiver of a~y p1·ovision of this Agreement shall be implied by the failure of any party to enforce any remedy pursuant to thisAgreement, Any waiver by the patties of any provision of this Agreement must be in writin,g, The waiver shall affect only the provision specified and only for the time and in the manner. stated in the writing,
Exhlblt9

22. 7, Attorneys' Fees un~ Cost§., If either party hereto brings an action or· proceeding against any other party by reason of a default 'Uttdei· this Agreement, or otherwise at'ising out of this Agreementi the pt·evailing party in the actipn or prnceeding shttll be entitled to receive from the lo~ing party all costs and expens13s and such an amount as the court may adjudge to be r~a~onable attoineys' fe9.s,j11d costs. Attorneys'· ··.' fees shall be paid whether Ol' not the action is prosecuted to judgmenti 'I'.he i,revailing party shall be entitled to attomeys' fees equal to the, fair market'valtie of legal services provided by attorneys (authorized to p1'ovlde·such services) employed by it as well as any attorne.ys' fees actually paid by it to third pat1ies in conn,ection with the action.

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Packet Pg. 533 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ;\
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22.8., Qountetpnrts. This Agreement may ~e signed in counterpat'ts, ·and each of which shall be deerp.ed an original and all of which taken together shall constitute one and the same instmment. ·
lN WITNESS WHEREOF, the pa,:tles have executed this Agreement t\S of the date and year fll'st aboye written. . . '
ATI'EST:
~~'''",r MARIA STEWAR ~ ·
City Clerk
APPROVED AS TO·FORM:
• 37 ~
LESSEE:

A ·r E OF CALIFORNJA, a California
0011)oration dba AMERICAN FLYERS
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Packet Pg. 534 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 67 of 72 Page ID #:1011 Exhibit D

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Packet Pg. 535 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award)

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

CITY OF SANTA MONICA,
Petitioner,
v.

Civil Action No. 13-CV-8046-JFW (VBK.x)
UNITED STATES OF AMERICA, et al.

Respondent.

STIPULATION AND ORDER/CONSENT DECREE
It is stipulated by and between the undersigned parties by their respective attorneys that:

1. The Court has jurisdiction over each of the parties, and venue of this action is proper in the United States District Court for the Central District of California.

2. The City of Santa Monica (the City) filed this case seeking to quiet title to certain properties and the United States disputes these claims. Live controversies exist between the parties including these and other issues.

3. The parties consent to the Court's entry of the Settlement Agreement in the form attached to this Stipulation and Order/Consent Decree.

4. The parties' execution of this Stipulation and Order/Consent Decree and the Settlement Agreement shall settle and resolve any and all claims of the City arising from the events giving rise to • n,1
the allegations described in the Complaint in this action and in c~@n other pr9ceedings between the ·: .~ ;' ~ parties, as provided in the Settlement Agreement.
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Packet Pg. 536 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award)

5. Neither this Stipulation and Order/Consent Decree nor the attached Settlement Agreement shall be construed to preclude the United States or the Federal Aviation Administration from bringing an action against the City for any violation(s) of any laws, regulations or orders other than those addressed in the Settlement Agreement.

6. In the event that the proposed Settlement Agreement is not entered pursuant to this Stipulation and Order/Consent Decree, this Stipulation shall become null and void and shall be ofno effect whatever, and the making of this Stipulation shall be without prejudice to any party in this or any other proceeding.
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Packet Pg. 537 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) 3 Reginald C. Govan
Chief Counsel
Fcdernl Aviation Administration
For the Department of Justice

JOYCE BRANDA
Acting Assistant Attomey General
fi!LEEN M. DECKER
United States Attorney

JUDRY SUBAR
Assistant Branch Director
ation:

RAPHAEL 0. GOMEZ (D.C. Bar #305540)
Senior Trial Counsel
U.S. Department of Justice
Civil Division, Federal Progra111s Branch
P.O. Box 883
Washington, D.C. 20044
Telephone: (202) 5 I 4-1318
Facsimile· (202) 616-8460
Rapha I. ome ,.usdoj.gov
Trial orney
U.S. Department of Justice
Civil Division, Federal Programs Branch
P.O. Box883
Washington, D.C. 20044
Telephone: (202) 514-4686
Fax: (202) 616-8460
Email: Gary_,[email protected] ",•
Dated: ill~ b'r · · '.:_ . >,.; ?7,
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Packet Pg. 538 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) 4 For the City of Santa Monica:

JOSEPH LAWRENCE
Interim City Attorney
LANCE S. GAMS
Chief Deputy City Attorney
IV AN 0. CAMPBELL
Deputy City Attorney
1685 Main Street, Third Floor
Santa Monica, CA 90401-3295
Telephone: 310-458-8336
Facsimile: 310-393-6727
ARTURO J. GONZALEZ
[email protected]
Morrison & Forester LLP
425 Market Street
San Francisco, CA 94105
Telephone: 415-268-7000
Facsimile: 415-268-7522 '
WILLIAM V. O'CONNOR, JR.

[email protected]
JOANNA L. SIMON
[email protected]
Morrison & Foerster LLP
12531 High Bluff Drive, Suite 100
San Diego, CA 92130
Telephone: 858-720-5100
Facsimile: 858-720-5125
... ,, ..

WILLIAN:l'V. O'CONNOR, JR . . >f :f;
Dated: January 3u , 2017
Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 71 of 72 Page ID #:1015 EXHIBIT D PAGE 062

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Packet Pg. 539 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award) ORDER
IT IS SO ORDERED by this Court, this ____ day of January, 2017, at Los Angeles, California.

Honorable John F. Walter
United States District Court
For the Central District of California
5 Case 2:13-cv-08046-JFW-VBK Document 52 Filed 01/30/17 Page 72 of 72 Page ID #:1016 EXHIBIT D PAGE 063

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Packet Pg. 540 Attachment: Consent Decree (7665 : Measure A Airport Conversion Grant Award)

LOS ANGELES COUNTY REGIONAL PARK AND OPEN SPACE DISTRICT (RPOSD) Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), approved by voters on November 8, 2016

GRANT AGREEMENT
GRA