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HomeMy WebLinkAboutE-18 Staff Report - AB179 Old SchoolHouseRevised CONSENT ITEM E-18 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL VIA: SERGIO GONZALEZ, CITY MANAGER FROM: TALIKA M. JOHNSON, DIRECTOR OF ADMINISTRATIVE SERVICES DATE: SEPTEMBER 18, 2023 SUBJECT: APPROVAL OF A GRANT AGREEMENT BETWEEN THE CITY OF AZUSA AND THE STATE OF CALIFORNIA NATURAL RESOURCES AGENCY FOR THE RELOCATION AND RESTORATION OF THE OLD SCHOOLHOUSE BACKGROUND: On September 6, 2022, Assembly Bill 179 (Budget Act of 2022) was approved, and $3 million was designated for the relocation and preservation of the Old Schoolhouse. This funding was possible through the generous support and efforts of State Assemblymember Blanca E. Rubio and State Senator Susan Rubio. RECOMMENDATIONS: Staff recommends that the City Council take the following actions: 1)Approve Resolution No. 2023-C44 to receive $3 Million for the relocation and preservation of the Old Schoolhouse. 2)Authorize the City Manager to execute the grant Agreement between the City of Azusa and the State of California Natural Resources Agency in a form acceptable to the City Attorney. Approved City Council September 18, 2023 State of California Natural Resources Agency Grant September 18, 2023 Page 2 ANALYSIS: Assembly Bill 179 was approved on September 6, 2022 including the $3 Million for the City of Azusa for the relocation and preservation of the Old Schoolhouse, but the funds were not disbursed to the City immediately due to additional time required for the State’s allocation process and the need for a funding agreement. Initially, the State has to allocate the funds to the respective State Agencies that will manage and distribute the funds, and through a formal process, a grant agreement must be executed. City staff reached out to the State Senate staff on October 20, 2022, and inquired on how to secure the funds. Per the State Senate staff, “the State has to work with the State Department of Finance (DOF) to assign and move funding for all district requests to the departments who will act as fiscal agents. This process is taking considerable time due to the volume of requests this year and the technical work required. A formal executive order must be completed that will make funds available for Departments to provide to recipients, but not until early next year (currently DOF estimate Jan/Feb)”. Azusa staff subsequently worked on a grant agreement in coordination with the State of California Natural Resources Agency (CNRA) and prepared all the necessary data requests in accordance to their directions. The CNRA recently provided the attached draft agreement to the City for the purpose of a high-level overview, and staff is working in coordination with CNRA to expedite and finalize the agreement once all the information is available. Approving the resolution will allow staff to execute the agreement and request the $3Mil from the CNRA for the relocation and preservation of the Old Schoolhouse FISCAL IMPACT: The total project cost is anticipated to be $3,000,000, and the proposed recommendation will allow the City to use $3,000,000 for the project. There is no fiscal impact to the General Fund. Upon Council approval and once the agreement is fully executed, staff will prepare a budget amendment and increase the budget by $3,000,000 under account 2810615000/61524A for the relocation and preservation of the old schoolhouse project. Prepared by: Reviewed and Approved: Richard Lam Talika M. Johnson Budget and Revenue Manager Director of Administrative Services Reviewed and Approved: Reviewed and Approved: Lucy Demirjian Sergio Gonzalez Project Manager City Manager Attachments: Resolution No. 2023-C44 Grant Agreement RESOLUTION NO. 2023-C44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA TO ENTER INTO AN AGREEMENT WITH THE CALIFORNIA NATURAL RESOURCES AGENCY TO ACCEPT THE GENERAL FUND GRANT FOR THE RELOCATION AND PRESERVATION OF THE OLD SCHOOLHOUSE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF AZUSA. THE CITY COUNCIL OF THE CITY OF AZUSA DOES RESOLVE AS FOLLOWS: WHEREAS, the Legislature and Governor of the State of California have approved $3 million for the project shown above under Assembly Bill 179 (Budget Act of 2022) designated for the relocation and preservation of the old schoolhouse at the City of Azusa; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require the Grantee to certify by resolution the approval of a Project Information Package before submission of said package to the State; and WHEREAS, the Grantee will enter into an agreement with the State of California for the above project: Now, Therefore, BE IT RESOLVED that the City of Azusa: 1. Approves the acceptance of a $3 million general fund allocation for local assistance for the above project(s); and 2. Certifies that said agency understands the assurances and certification in the Project Information Form; and 3. Certifies that said agency will have sufficient funds to develop, operate and maintain the project consistent with the land tenure requirements of the Grant Agreement; or will secure the resources to do so; and 4. Certifies that said agency will comply with the provisions of Section 1771.5 of the California Labor Code. 5. If applicable, certifies that the project will comply with any laws and regulation including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, environmental laws and, that prior to commencement of construction, all applicable licenses and permits will have been obtained. 6. Certifies that said agency has reviewed and understands the General Provisions contained in the sample Grant Agreement contained in the Procedural Guide; and Attachment 1 7. Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to the Project Information Form, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). PASSED, APPROVED and ADOPTED this 18th day of September, 2023. ___________________________________________ Robert Gonzales Mayor ATTEST: _________________________________ Jeffrey Lawrence Cornejo, Jr. City Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Resolution No. 2023-C44 was duly adopted by the City Council of the City of Azusa, held on the 18th day of September, 2023. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: _________________________________ Jeffrey Lawrence Cornejo, Jr. Secretary/City Clerk APPROVED AS TO FORM: _________________________________ City Attorney Best Best & Krieger 2 STATE OF CALIFORNIA NATURAL RESOURCES AGENCY GRANT AGREEMENT GRANTEE NAME: City of Azusa PROJECT TITLE: Relocation and Preservation of the Old Schoolhouse AUTHORITY: Budget Act of 2022 (Chapters 43, 45 and 249, Statutes of 2022) PROGRAM: General Fund Specified Grant Projects AGREEMENT NUMBER: GF2223-0 TERM OF LAND TENURE: 25 years from date of project completion as evidenced by the Certification of Completion Form PROJECT PERFORMANCE PERIOD: 10/1/2022 to 6/30/2025 Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope set forth in Exhibit A and any subsequent amendments, and the State of California, acting through the Natural Resources Agency, agrees to fund the project up to the total grant amount indicated pursuant to the Budget Act of 2022 (Chapters 43, 45 and 249, Statutes of 2022). PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement TOTAL STATE GRANT NOT TO EXCEED: $3,000,000.00 (or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement. CITY OF AZUSA STATE OF CALIFORNIA NATURAL RESOURCES AGENCY By: By: Sergio Gonzalez Andrea Scharffer Title: City Manager Title: Deputy Assistant Secretary, Bonds & Grants Date: Date: CERTIFICATION OF FUNDING AMOUNT OF ESTIMATE FUNDING AGREEMENT NO. FUND $3,000,000.00 GF2223-0 0001 – General Fund ADJ. INCREASING ENCUMBRANCE FI$CAL PO NO. ADJ DECREASING ENCUMBRANCE FUNCTION Local Assistance UNENCUMBERED BALANCE REF NO. FUND ENACTMENT YEAR ACCOUNT NO. ALT ACCOUNT 1021 0001 2022 5432000 5432000000 PROGRAM PCBU PROJECT ACTIVITY RPTG STRUCTURE SVC LOCATION AGENCY USE BUDGET PERIOD 0320 0540 0540GF22230 22204 05402001 22204 2023 I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF ACCOUNTING OFFICER DATE Agreement No. GF2223-0 Page 1 STATE OF CALIFORNIA NATURAL RESOURCES AGENCY GRANT AGREEMENT GRANTEE NAME: City of Azusa PROJECT TITLE: Relocation and Preservation of the Old Schoolhouse AGREEMENT NUMBER: GF2223-0 AUTHORITY: Budget Act of 2022 (Chapters 43, 45, and 249, Statutes of 2022) PROGRAM: General Fund Specified Grant Projects PROJECT DESCRIPTION Project to relocate and restore the historic Old Schoolhouse for reuse as a museum or cultural center. A detailed project scope and activities, project schedule and project budget are described and attached hereto as Exhibit A. Grant funds are to be used to support capital asset projects in accordance with the provisions contained in the Procedural Guide for General Fund Specified Grant Projects and this Agreement. TERMS AND CONDITIONS OF GRANT Special Provisions 1. As conditions precedent to the State’s obligation to make any funding available pursuant to this Agreement, Grantee shall first provide evidence of adequate land tenure and evidence the project will be operated and maintained for a minimum of 25 years satisfactory to the State for all land to be improved under this Agreement. 2. Projects must follow the Secretary of the Interior’s Standards for the Treatment of Historic Properties, where applicable, to ensure the historical integrity of the project. In addition, any local, state, and federal ordinances and laws (such as the National Historic Preservation Act and the Native American Graves Protection and Repatriation Act) must be followed to ensure the historical integrity of the project. Grant funds may NOT be used for demolition or non-historic treatment of historic structures or resources that are determined eligible for listing on the National Register of Historic Places or the California Register of Historical Resources. General Provisions A. Definitions 1. The term “Act” means the Budget Act of 2022 (Chapters 43, 45, and 249, Statutes of 2022). 2. The term “Acquisition” means obtaining a fee interest or any other interest, including easement s, leases, and development rights. 3. The term “Agreement” means this Grant Agreement Agreement No. GF2223-0 Page 2 4. The term “Application” means the Project Information Package and any applicable materials supplied by grantee to the State pursuant to the Application Guidelines. 5. The term “Application Guidelines” means the Procedural Guide for General Fund Specified Development and Acquisition Grant Projects. 6. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities. 7. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS). 8. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement. 9. The term “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific project objectives within a specific project performance period by the Grantee. 10. The term "Grantee" means an entity who has a signed agreement for Grant Funds. 11. The term “Interpretation” means visitor-serving amenities that communicate the significance and value of natural, historical, and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities. 12. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement. 13. The term “Payment Request Form” means Form RA212. 14. The term "Project" means the acquisition or development activity described in the Application as modified by Exhibit A to be accomplished with Grant Funds. 15. The term “Project Budget” means the State approved cost estimate included as Exhibit A-1 to this Agreement. 16. The term “Project Scope” means the description or activity for work to be accomplished by the Project. 17. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law. 18. The term "State" means the Secretary for California Natural Resources or his/her representatives, or other political subdivision of the State. B. Project Execution 1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes Agreement No. GF2223-0 Page 3 as set forth in the description of project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement. 2. Grantee shall furnish any and all additional funds that may be necessary to complete the project. 3. Grantee shall complete the project in accordance with the Project Performance Period set forth on the signature page unless an extension has been formally granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by the State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2026. 4. Grantee shall at all times ensure that project complies with all environmental laws, including but not limited to obtaining all necessary permits. Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the General Fund Specified Grant Project and is consistent with the intent cited in the original Application. 5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance. 6. Grantee certifies that the project does and will continue to comply with all current laws and regulations which apply to the project, including, but not limited to, legal requirements for construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that prior to commencement of construction all applicable permits and licenses (e.g., state contractor’s license) will have been obtained. 7. Grantee shall provide access by the State upon 24-hours’ notice to determine if project work is in accordance with the approved project scope, including a final inspection upon project completion. 8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original project scope per Exhibit A and the Application. Changes in project scope must continue to meet the need cited in the original Application or they will not be approved. Any modification or alteration in the project as set forth in the Application on file with the State must be submitted to the State for approval. Any modification or alteration in the project must also comply with all current laws and regulations, including, but not limited to, CEQA. 9. Grantee shall provide for public access and/or educational features where feasible. 10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest in project lands and demonstrate to the satisfaction of the State the proposed project will provide public benefits that are commensurate with the type and duration of the interest in land. 11. If a nonprofit organization, Grantee certifies the corporation is qualified under Section 501(c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of State, and is current with the Attorney General’s Registry of Charitable Trusts. Failure by the Grantee to remain in compliance with these nonprofit requirements may be cause for suspension of all obligations of the State hereunder and termination of this Agreement. Agreement No. GF2223-0 Page 4 12. Grantee shall promptly provide photographs of the site during and after implementation of the project at the request of the State. C. Project Costs 1. Unless otherwise agreed upon, Grant Funds provided to Grantee under this Agreement for Development will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement: a. Approved direct management costs or construction and development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the project. b. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. c. Advance payments may be made at the discretion of the State. d. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Agreement solely for the Project herein described. e. Overhead costs are generally limited to a maximum of 15% of total direct costs. 2. Payment Documentation: a. All payment requests must be submitted using a completed Payment Request Form. This form must be accompanied by an itemized list of all expenditures that clearly documents the check numbers, dates, recipients, line-item description as described in the project budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks, or other forms of documentation demonstrating payment has been made. b. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate, or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. 3. Grant funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement. 4. The State reserves the right to request reimbursement of any funds spent on the project, even funds deemed eligible costs, if the project is not completed in accordance with the Grant Agreement and the guidelines. 5. Except as otherwise provided herein, the Grantee shall expend grant funds in the manner described in the Exhibit A approved by the State. The total dollars of a category in the project budget may be increased by up to ten percent (10%) through a reallocation of Agreement No. GF2223-0 Page 5 funds from another category, without approval by the State. However, the Grantee shall notify the State in writing when any such reallocation is made and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved by the State. In any event, the total amount of the grant funds may not be increased, nor may any adjustments exceed the limits for management costs as described in the Application Guidelines. D. Project Administration 1. Grantee shall promptly provide project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final project expenditures with the final payment request and required closing documents. 2. Grantee shall make property and facilities developed pursuant to this Agreement available for inspection upon request by the State. 3. If Grant Funds are advanced, the Grantee shall place these Funds in a separate interest- bearing account, setting up and identifying such account prior to the advance. Interest earned on Grant Funds shall be used on the Project, as approved by the State. Any overpayment of Grant Funds in excess of final project costs shall be returned to the State within sixty (60) days of completion of the Project or the end of the Project performance period as shown on the signature page, whichever is earlier. 4. Grantee shall submit all documentation for project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of project completion, but in no event any later than March 1, 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 for the 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. Prior to the completion of project construction, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by the Grantee which affects performance of this, or any other grant agreement or contract entered into with the State. 2. If the State terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and Agreement No. GF2223-0 Page 6 non-cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. 3. If the Grantee fails to complete the project in accordance with this Agreement or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement. 4. Failure by the Grantee to comply with the terms of this Agreement or any other agreement under the Act may be cause for suspension of all obligations of the State hereunder. 5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. 6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the for the purposes as stated in the Application for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of grant funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the grant funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State. F. Hold Harmless 1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of, or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of State, its officers, agents, and employees. 2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the project, including development, construction, 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, Agreement No. GF2223-0 Page 7 agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. G. Financial Records 1. Grantee shall maintain satisfactory financial accounts, documents, and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three (3) years after final payment and one (1) year following an audit. 2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. 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. H. Use of Facilities 1. 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. 2. 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. 3. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, the Grantee shall reimburse the State the amount of the Grant. I. Nondiscrimination 1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Agreement No. GF2223-0 Page 8 Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant. 2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. The completed project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act. J. Application Incorporation The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement. K. Severability If any provision of this Agreement or the Application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. L. Waiver No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party. M. Assignment Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part. N. Disputes If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures: 1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the California Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) working days of receipt of Agreement No. GF2223-0 Page 9 the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency. 2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence 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. EXHIBIT A Page 10 STATE OF CALIFORNIA NATURAL RESOURCES AGENCY GRANT AGREEMENT General Fund Specified Grant FY 2022-2023 Grantee Name: City of Azusa Project Title: Relocation and Preservation of the Old Schoolhouse Agreement Number: GF2223-0 Project Location: Northern end of Veterans Freedom Park, 213 E. Foothill Blvd. Project Scope: Project to relocate the historic Old Schoolhouse from North Angeleno Avenue to Veterans Freedom Park. Project includes renovation of the relocated Old Schoolhouse for reuse as a museum or cultural center, consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Project elements funded by General Fund grant include the following: • Consultants for planning, designing, and permitting • Restoration documentation and recording for historical records and proof of work • Relocation costs, including: o Moving services o Fine grading o Clearing and grubbing of both locations o Fencing • Seismic retrofits • Site utilities • New roof • Stoops with ADA-approved ramps • Forced air unit in attic • Interior finish repair and painting • New floor • Basic plumbing fixtures • Wood siding and trim • Windows and doors • Exterior painting • Site lighting • Security system • Landscaping and irrigation at grade • Design and improvements to exterior grounds, including: o Enhanced landscaping and walking path o Enhanced entryways at Dalton and Alameda Avenues o Signage and visual learning kiosks along the path The restored Old Schoolhouse will be open to the public daily. EXHIBIT A Page 11 Project Schedule: Activity Description Timeline Preliminary work on the project October 2022 – May 2023 Project design June 2023 – December 2023 RFP for Construction January 2024 – March 2024 Construction Period April 2024 – October 2024 Submit Project Closeout package with final Payment Request to State June 2025 Cost Estimate: See Exhibit A-1 STATE OF CALIFORNIA NATURAL RESOURCES AGENCY GRANT AGREEMENT Total Cost*General Fund Grant 1 Planning, Design, and Permitting A Consultants $ 375,000.00 $ 375,000.00 B Restoration Documentation and Recording for Historical Records and Proof of Work $ 25,000.00 $ 25,000.00 $ 400,000.00 $ 400,000.00 2 Construction A Relocation/New Site (Including Moving Services, Fine Grading, Clearing and Grubbing of Both Locations, Fencing, etc.) $ 150,000.00 $ 150,000.00 B Building Restoration $ 1,200,000.00 $ 1,200,000.00 C Exterior/Landscaping $ 1,200,000.00 $ 1,200,000.00 $ 2,550,000.00 $ 2,550,000.00 $ 50,000.00 $ 50,000.00 $ 3,000,000.00 $ 3,000,000.00 *All project expenditure documentation should be available for audit whether paid with grant funds or other funds. **In-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. PROJECT TOTAL SUBTOTAL NON-CONSTRUCTION: Exhibit A-1: Cost Estimate City of Azusa Relocation and Preservation of the Old Schoolhouse GF2223-0 NON-CONSTRUCTION Project Elements CONSTRUCTION SUBTOTAL CONSTRUCTION: Contingency Page 12