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C. Project Costs
1. Unless otherwise agreed upon, Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:
a. Grantee agrees to use any Grant Funds advanced by the State underthe terms of this Agreement solely for the Project herein described.
b. Approved direct management costs or construction and development costs. Up to ten percent 10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the project.
Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State.
d. Overhead costs are generally limited to a maximum of 15o/ o of total direct costs.
2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form. This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the project budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made.
b. Any payment request that is submitted without the required itemization and documentation will not be authorized. lf the payment request package is incomplete, inadequate, or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.
3. Grant funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.
4. The State reserves the right to request reimbursement of any funds spent on the project, even funds deemed eligible costs, if the project is not completed in accordance with the Grant Agreement and the guidelines.
5. Except as othen¡ rise provided herein, the Grantee shall expend grant funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the project budget may be increased by up to ten percent ( 10%) through a reallocation of funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item( s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent ( 10%) from the original budget in the amount of a category must be approved by the State. ln any event, the total amount of the grant funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines.
c
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D. ProjectAdministration
1. Grantee shall promptly provide project reports and/or photographs upon request by the State. ln any event Grantee shall provide the State a report showing total final project expenditures with the final payment request and required closing documents.
2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State.
3. lf Grant Funds are advanced, the Grantee shall place these Funds in a separate interest- bearing account, setting up and identiffing such account prior to the advance. lnterest earned on Grant Funds shall be used on the Project, as approved by the State. Any overpayment of Grant Funds in excess of final project costs shall be returned to the State within sixty ( 60) days of completion of the Project or the end of the Project performance period as shown on the signature page, whichever is earlier.
4. Grantee shall submit all documentation for project completion, including a notice of completion as applicable and final reimbursement within ninety ( 90) days of project completion, but in no event any later than March 1. 2026.
5. Final payment is contingent upon State verification that the Project is consistent with the Project scope as described in Exhibit A, together with any State- approved amendments.
6. This Agreement may be amended by mutual agreement in writing between the Grantee and the State.
Any request by the Grantee for amendments must be in writing stating the amendment request and reason forthe request. The Grantee shall make requests in a timely manner and in no event less than sixty ( 60) days before the effective date of the proposed amendment.
7. Grantee must report to the State all sources of other funds for the project.
E. Project Termination
1. The State reserves the right to terminate a Grant Agreement for any reason at any time. There are no vested rights or entitlements to funding that a Grantee can or should rely upon, and once a notice of termination is provided to the Grantee, only authorized and eligible work prior to that notification of termination will be paid by the State.
2. Prior to the completion of project construction, either party may terminate this Agreement by providing the other party with thirty (30) days' written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by the Grantee which affects performance of this or any other grant agreement or contract entered into with the State.
3. lf the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non- cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.
4. lf the Grantee fails to complete the project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State' s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.
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5. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder.
6. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.
7. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the for the purposes as stated in the Application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless othenruise agreed to by the State.
F. Hold Harmless
1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents and employees.
2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the project, including development, construction, operation or maintenance of the property described in the project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.
3. Grantee and State agree that in the event of judgment entered against the State and the Grantee because of the gross negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
G. FinancialRecords
Grantee shall maintain satisfactory financial accounts, documents, and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three ( 3) years after final payment and one ( 1) year following an audit.
2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.
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H. Use of Facilities
Grantee shall maintain, operate, and use the project in fulfillment of the purpose funded pursuant to this grant for a minimum of TWENTY FIVE ( 25) YEARS, consistent with the Land Tenure/ Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee's successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the project site only upon the written approval of the State for good cause. "Good cause" includes, but is not limited to, natural disasters that destroy the project improvements and render the project obsolete or impracticable to rebuild.
Grantee shall use the property for the purposes for which the grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor public agency assumes the obligations imposed by this Agreement.
lf the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or othenruise disposed of, at the State' s sole discretion, the Grantee shall reimburse the State the amount of the Grant.
l. Nondiscrimination
1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medicalcondition ( cancer/ genetic characteristics), age ( 40 and above), disability ( mentaland physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act ( Gov.
Code, 912900 et seq.) and the applicable regulations promulgated thereunder ( Cal. Code Regs, tit. 2, 57285. 0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, $ 12990 ( a)-(Ð, are incorporated into this grant by reference and made a part hereof as if set forth in full ( Cal. Code Regs, tit. 2, 57285. 0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.
2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. The completed project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.
J. Application lncorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.
K. Severability
lf 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. 1 2.
3. PageT
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L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party.
M. Assignment
Except as expressly provided othenruise, this Agreement is not assignable by the Grantee either in whole or in part.
N. Disputes
lf the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. lf the issue cannot be resolved at this level, the Grantee shall follow the following procedures:
1. lf the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the California Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee' s position and the remedy sought. Within ten ( 10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue( s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary' s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.
2. The Grantee must submit a letter of appealto the Assistant Secretary explaining why the Deputy Assistant Secretary' s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee' s original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee's letter of appeal must be submitted within ten ('10) working days of the receipt of the Deputy Assistant Secretary' s written decision. The Assistant Secretary or designee shall, within twenty ( 20) working days of receipt of Grantee' s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.
O. Audit Requirements
Grant projects are subject to audit by the State annually and for three ( 3) years following the final payment of grant funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the project for which the grant funds were granted.
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EXHIBIT A
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
General Fund Specified Grant FY 2021- 2022
Grantee Name: Torrance, City of
World War ll Camp WallMonument
GF2126-0
Project Title:
Agreement Number:
Project Scope:
Project to create a World War ll Camp Wall Monument which memorializes people of Japanese ancestry incarcerated in War Relocation Authority ( WRA), lmmigration and Naturalization Service ( lNS), and Department of Justice ( DOJ) camps during World War ll. The memorial will be located in Columbia Park in the City of Torrance and will consist of 12 black granite veneer walls engraved with the names of approximately 160,000 individuals held in the camps. The monument will include interpretive educational panels, access pathways, ADA parking, and restroom facilities.
Project elements funded by the General Fund grant:
o Project planning, design and permitting
lnstallation of approximately 12 black granite veneer walls with LED lighting Engraving of approximately 160, 000 names
lnstallation of a 2S-foot flagpole with nighttime lighting Development and installation of two educational display panels Construction of I ADA compliant restroom
r lnstallation of approximately 584 sq. feet of concrete walking path connecting the existing park pathways to the monument
lnstallation of one van- accessible ADA parking space, with loading area and ADA curb ramp The Memorial will be publicly accessible at the southeast corner of Columbia Park, near the intersection of 190th Street and Prairie Avenue.
Project Schedule:
Activitv Description Timeline
Preliminary work on the project Mav 2023 to Sep 2023
Submit final site design/ plans/ specifications to State Oct2023 Beqin construction Feb 2024 to Dec 2025
Submit Proiect Closeout package with final Payment Request to State Feb2026 Cost Estimate: See Exhibit A-1
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Exhibit A-l: Gost Estimate
City of Torrance
World War ll Camp Wall Memorial
GF2126- 0
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
grant or other funds.*All project expenditure entation should be available for audit whether paid ln-service payroll may not include a " billable rate" or administrative cost allocation.
Overhead costs are allowable and generally limited to 15% of total direct costs of the grant.
General Fund
Grant
City ofTorranceTotalCost*Project Elements
NON.CONSTRUCTION
1 Direct Project Management
120,000.00 $ 120,000.00StatfTime**A
130,000.00 $ 130,000.00BConsultants
s 250,000.00 $ 250, 000.00SubtotalTask I
2 Planninq, Desiqn, and Permitting
10,000. 00$ 10,000.00AStaffTime
70, 000. 00$$ 70, 000.00BPermitCosts
215, 000. 00$ 215, 000.00cArchitecturalServices
285, 000. 00 $ 10,000. 00$ 295, 000.00SubtotalTask 2
545, 000. 00 $ 535, 000. 00 $ 10,000.00SUBTOTALNON- CONSTRUCTION :
CONSTRUCTION
3 Construction
3,398, 52ô. 00 $ 3,398, 526.00AMemorial
596,638.00Restroom, sidewalk, parkinq lot, lights $ 596,638.00B 3,995, 164. 00 $ 3,995, 164.00SUBTOTALCONSTRUCTION :
469, 836. 00$ 469, 836.00Gontingency
10.000. 00$ 5.0r0, 000. 00 $ 5,000, 000.00PROJECTTOTAL
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