STATE OF CALIFORNIA
GRANT AGREEMENT
OFFICE OF PUBLIC SCHOOL CONSTRUCTION
GENERAL INFORMATION
Grantee Name: City of Stockton
Grant Amount: $3,000,000.00
Funding Source: Authorized pursuant to Section 256 of Assembly Bill 102 (Ting) which amends Section
19.567, subdivision of the Budget Act of 2023. (A copy of the authorizing statute is included on the Attachment)
GRANT DESCRIPTION
The Grant funds are awarded generally for purposes of the acquisition of a bubbler system and trash boom at Morelli Park.
Grant funds are to be used in accordance with the original proposed scope of work and the terms of this Agreement. The Grantee shall not make any changes to the scope of work without the prior written approval of OPSC.
TERMS AND CONDITIONS OF GRANT
Definitions
“Agreement” means a contract to do or not to do a certain thing and refers to this Grant Agreement. “Expenditure report” means the information submitted by the Grantee upon project completion to demonstrate expenditures have been made in accordance with the Grant award. “Grant” means the funding provided in support of acquiring a "bubbler" system and a trash boom that would be installed near Morelli Park, which would serve to stop floating trash from entering the Stockton Channel and McLeod Lake.
“Office of Public School Construction (OPSC)” means the office within the California Department of General Services that administers this grant program on behalf of the Director of the Department of General Services.
“State” means the State of California.
Term of Grant Agreement
The Grantee and the Executive Officer, or designee, of the Office of Public School Construction shall be the parties to this Agreement. This Agreement must be entered into by both parties prior to, and as a condition of, the release of any funding for the Grant. This Agreement becomes effective on the date of the last signature. This Agreement terminates once (1) all Grant funding is expended, and when all the parties’ obligations under this Agreement are satisfied, or (2) if the Grant is rescinded, or (3) if the Grantee withdraws its request for the Grant funds.
EXHIBIT 1
STATE OF CALIFORNIA
GRANT AGREEMENT
OFFICE OF PUBLIC SCHOOL CONSTRUCTION
Project Execution
The Office of Public School Construction hereby awards to the Grantee a sum of money (Grant) $3,000,000.00 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the project in this Agreement and under the Terms and Conditions set forth in this Agreement and the authorizing statute.
Grantee certifies that the proposed scope of work complies with all laws and requirements applicable to school construction projects.
Receiving and General Usage of Funds
The Grantee and the Executive Officer, or designee, of the Office of Public School Construction shall enter into this Agreement prior to, and as a condition of, the release of any funding for the Grant.
Grant funds shall be released in one installment. The fund release shall occur on or about January 15, 2024, provided this Agreement has been fully executed.
Pursuant to the requirements set forth in Section 19.567(a)(7) of the Budget Act of 2023, all funds must be encumbered no later than June 30, 2025, and expended no later than June 30, 2027. All funds not encumbered by June 30, 2025, and/or expended by June 30, 2027, shall be returned by the Grantee to the Office of Public School Construction.
Funds are to be expended in accordance with the scope of work identified in the Grant Description. A maximum of 5% of the total funds may be used for Grantee’s administrative and/or overhead costs associated with the Grant. Expenditures associated with the scope of work made prior to the effective date of the agreement, may be considered eligible costs.
P
rogram Reporting Requirements
As a condition of this Grant, the following information shall be submitted to the Office of Public School Construction:
- No later than 8/1/2025 (or as soon as contracted) the Grantee will submit documentation confirming funds have been encumbered with a copy of the encumbrance documents. - No later than 8/1/2026 the Grantee will submit a project status report. - No later than 8/1/2027 the Grantee will submit a final Expenditure Report and a narrative summary of the project outcome.
o Report format is at the discretion of the Grantee; however, reports should be detailed enough to clearly demonstrate progress and that expenditures are connected to the p
roject.
o Submitted reports shall include a cover letter from the Grantee with a signed statement t
hat the information submitted is true and accurate.
EXHIBIT 1
STATE OF CALIFORNIA
GRANT AGREEMENT
OFFICE OF PUBLIC SCHOOL CONSTRUCTION
Record Retention
G
rantee shall maintain satisfactory financial accounts, documents, and records for the Grant, at a Project- specific level of detail.
F
inancial accounts, documents, and records may be retained electronically.
R
epayment of Grant Funds
Up
on notification from OPSC of any amounts to be repaid to the State, the Grantee shall remit a warrant in the amount due within 60 calendar days.
C
onflict of Interest
A
ll Grantees are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the Grant being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code, Section 1090 and Public Contract Code, Sections 10410 and 10411, for State conflict of interest requirements.
1. E
mployees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including, but not limited to any applicable conflict of in
terest provisions of the California Political Reform Act, Cal. Gov’t Code § 87100 et seq.
2. E
mployees and Consultants to the Grantee: Individuals working on behalf of the Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.
C
ompliance with Economic Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp- content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.
T
he Grantee is notified that compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the Executive Order and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy-issues/financial-sanctions/sanctions-programs-and-country- information/ukraine-russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable.
Severability
I
f any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.
EXHIBIT 1
STATE OF CALIFORNIA
GRANT AGREEMENT
OFFICE OF PUBLIC SCHOOL CONSTRUCTION
E
lectronic Filing
A
ny communication under this Grant Agreement shall be in writing and may be transmitted by electronic means. Communication sent electronically will be effective on the date of transmission.
O
. Supplement, Not Supplant
T
he terms and conditions of this Agreement are intended to supplement, not supplant, the laws and regulations that apply to this Grant. The Grantee understands and agrees to adhere to all laws and regulations that apply to this Grant, even if those laws and regulations are not specifically cited in this Agreement.
P
. E
xact Duplicate
Th
is Agreement is an exact duplicate (verbatim) of the Agreement provided by the Office of Public School Construction. In the event a conflict should exist, the language in the Agreement provided by the Office of Public School Construction will prevail.
S
IGNATURES
T
he statements set forth in this Agreement are true and correct to the best of my knowledge and belief. IN WITNESS WHEREOF, this Agreement has been executed by the parties.
NAME OF GRANTEE REPRESENTATIVE (PRINT) PHONE NUMBER
SIGNATURE OF GRANTEE REPRESENTATIVE DATE
NAME OF EXECUTIVE OFFICER OF THE OFFICE OF PUBLIC SCHOOL
CONSTRUCTION, OR DESIGNEE
DATE
SIGNATURE OF EXECUTIVE OFFICER OF THE OFFICE OF PUBLIC SCHOOL
CONSTRUCTION, OR DESIGNEE
DATE
EXHIBIT 1
Atachment
Excerpt from Senate Bill No. 102, Ting. Budget Act of 2023 S
EC. 263.
Sec�on 19.567 is added to the Budget Act of 2023, to read:
SEC. 19.567.
(a) (1) The amounts appropriated pursuant to this sec�on reflect legisla�ve priori�es related to other community investments.
(2) For alloca�ons in this sec�on that include a designated state en�ty, the en�ty shall allocate the funds to the recipients iden�fied in the paragraphs following each designa�on. The state en�ty shall determine the best method for alloca�on to ensure the funds are used for the purposes specified in this sec�on.
Self-atesta�on by the receiving en�ty is an acceptable method of verifica�on of the use of funds, if determined appropriate by the state en�ty.
(3) Notwithstanding any other law, alloca�ons pursuant to this sec�on are exempt from the personal services contrac�ng requirements of Ar�cle 4 (commencing with Sec�on 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, from Part 2 (commencing with Sec�on 10100) of Division 2 of the Public Contract Code, and the State Contrac�ng Manual, and are not subject to the approval of the Department of General Services, including the requirements of Chapter 6 (commencing with Sec�on 14825) of Part 5.5 of Division 3 of the Title 2 of the Government Code. (4) If an item number for the appropriate department for a state en�ty does not exist, and such an item number is required in order to make the specified alloca�ons, the Department of Finance may create an item number for this purpose.
(5) Notwithstanding any other law, a designated state en�ty administering an alloca�on pursuant to this sec�on may provide the alloca�on as an advance lump sum payment, and the alloca�on may be used to pay for costs incurred prior to the effec�ve date of the act adding this paragraph. (6) The Department of Finance may authorize the transfer of alloca�ng authority to a different stat e
en
�ty to facilitate the expenditure of the funds for the intended legisla�ve purpose. Any state en�ty that a
llocates funds may also, in consulta�on with the Department of Finance, use an alterna�ve local fiscal agent that is not iden�fied in this sec�on instead of the fiscal agent designated in this sec�on if necessary to achieve the intended legisla�ve purpose. Any change to the alloca�ng state en�ty or fiscal agent made pursuant to this paragraph shall be reported to the Joint Legisla�ve Budget Commitee in wri�ng at least 30 days, or no sooner than whatever lesser �me a�er that no�fica�on the chairperson of the joint commitee, or the chairperson’s designee, may determine, prior to the change. It is the inten t
o
f the Legislature to revise this sec�on during the 2023–24 fiscal year to reflect any changes necessary to achieve the intended legisla�ve purpose.
(7) Unless otherwise specified in this sec�on, funds allocated pursuant to this sec�on shall be available for encumbrance through June 30, 2025, and expenditure un�l June 30, 2027.
EXHIBIT 1
(8) Unless otherwise specified, the funds appropriated in this sec�on shall not be disbursed for any project prior to September 30, 2023. Future legisla�on may, but is not required to, specify further details concerning the manner of disbursement of these funds.
(9) Funding provided in this sec�on shall not be used for a purpose subject to Sec�on 8 of Ar�cle XVI of the California Cons�tu�on. If the Department of Finance determines that any alloca�on would be c
onsidered an appropria�on for that purpose, the funding shall not be allocated, and the department shall no�fy the Joint Legisla�ve Budget Commitee of that finding. (10) The amounts specified in subdivisions (b) through (h), inclusive, are hereby appropriated from the Ge
neral Fund as follows:
(b) To be allocated by the Commission on the Status of Women and Girls as follows:
(1) $1,500,000 to the DIY Girls, for the DIY Girls— Increasing Program Par�cipa�on & Outreach. (c) To be allocated by the Department of Veterans Affairs as follows:
(1) $100,000 to the Cosumnes Community Services District, for the Elk Grove Regional Veterans Memorial Wall.
(2) $1,500,000 for the County of Trinity for the moderniza�on of Veterans Memorial Hall. (3) $100,000 for American Legion Post 176 for moderniza�on renova�ons. (d) To be allocated by the California Workforce Development Board as follows:
(1) $1,000,000, for the Urban League of Greater San Francisco Bay Area. (e) To be allocated by the Department of General Services as follows:
(1) $500,000 to the City of Adelanto, for the Adelanto Council Chamber Improvements. (2) $650,000 to the City of West Hollywood, for the Rehabilita�on of the Na�onal Landmark Eligible “Log Cabin” 12 steps fellowships’ house in West Hollywood, California. (3) $500,000, to the Hollywood Partnership Community Trust, for the Hollywood Public Restrooms & Concierge Visitor Informa�on Center.
(4) $3,000,000 to the City of Stockton for acquisi�on of a bubbler system and trash boom at Morelli Park. (f) To be allocated by the Governor’s Office of Business and Economic Development as follows:
(1) $1,000,000 to the City of Fresno, for the Central Valley Community Founda�on: Civic Infrastructur e
H
ubs.
(2) $1,000,000 to the City of Anaheim, for the City of Anaheim: Store one. (3) $3,750,000 for the County of Solano for radio interoperability and infrastructure improvement and early learning resource center.
(4) $8,500,000 for University of La Verne for construc�on of a College of Health and Community Well- Being.
EXHIBIT 1
(5) $500,000 for Career Nexus for program support.
(6) $2,000,000 for the City of Calexico for support of an indoor facility for assis�ng asylum seekers and migrants.
(g) To be allocated by the Office of Planning and Research as follows:
(1) $250,000 to the City of Los Angeles - Workforce and Economic Development, for the Brotherhood Crusade.
(2) $1,000,000 to the Inland Empire Community Founda�on, for the IECF Black Equity Ini�a�ve. (3) $250,000, for the Center Against Racism & Trauma (CART). (4) $2,500,000 to the County of Los Angeles, for the Infrastructure Improvements for LA Voice. (5) $1,500,000 for the City of San Diego for the BID Council to support BIDS/small businesses, community programming.
(6) $1,000,000 for the San Diego Zoo Wildlife Alliance for pathology and molecular diagnos�c support. (7) $250,000 for the County of San Diego for support of the development of United Domes�c Workers documentary.
(8) $300,000 for the Oshman Family Jewish Community Center (JCC) for the PREP Fellowship Program. (9) $200,000 for the Redwood City Together for support of the PACE youth program. (10) $3,000,000 for the Tech Interac�ve for the Field Trip program. (11) $1,000,000 for the City of Glendale for the expansion of Glendale’s technology hub. (12) $1,500,000 for the American Jewish University for the renova�on and moderniza�on of the B
randeis-Bardin Campus.
(h) To be allocated by the Department of Community Services and Development as follows:
(1) $450,000 for the Grizzly Flats Community Services District for opera�ons and maintenance needs to recover from the Caldor Fire.
EXHIBIT 1