HomeMy WebLinkAbout2013-009 CCHE Grant Agreement 0 I z� 't%'49�•
STATE OF CALIFORNIA
GRANT AGREEMENT GRANT AGREEMENT NUMBER
CCHE GRANT AGREEMENT CCHER429
1. This Grant Agreement is entered into by and between the State Agency and Grantee named below:
STATE AGENCY'S NAME
California Cultural and Historical Endowment CCHE 900 N Street,#461,Sacramento,CA 95814
GRANTEE'S NAME
City of Atascadero
2. The term of this Agreement
is from March 15,2013 through December 31,2013
3. The maximum amount of this Agreement is:$28,850
4. The parties agree to comply with the terms and conditions of the following sections which are by this reference made a part of the
Agreement.
CCHE GRANT AGREEMENT
Part I: Exhibits:
A. Parties to the Agreement A. CCHE Project Synopsis
B. Incorporation of Documents by Reference B. Scope of Work
C. Scope of Work C. Standard Terms and Conditions
D. Conditions Precedent D. Special Terms and Conditions
E. Project Completion and Reports E. State Certification Requirements
F. Expenditure of Funds F. CCHE Invoice
G. Payment Provisions G. CCHE Quarterly Progress Report
H. Terms of Agreement,Completion Date,Project Schedule H. CCHE Final Report
1. Termination of Agreement
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto.
GRANTEE Office Use only
GRANTEE'S NAME
City of Atascadero
BY(Authorized igna e) DATE SIGNED(Do not
type)
o `
PRINT NAME AND TITL OF PERSON SIGNING MAR 013
Rachelie Rickard,Director of Administrative Services
ADDRESS
6907 EI Camino Real,Atascadero CA 93422
STATE OF CALIFORNIA
AGENCY NAME
California Cultural and Historical Endowment(CCHE)
BY(Authorized Signat re) DATE SIGNED(Do not type)
/r h-
PRINT NAME AND TITLE OF PERSON SIGNING
Mimi Morris, Executive Officer
ADDRESS
900 N Street,#461,Sacramento,CA 95814
CCHE GRANT AGREEMENT
PART 1
The California Cultural and Historical Endowment("CCHE") acting pursuant to Section 20070 of the Education
Code and its Resolution of January 30, 2013, hereby grants to the City of Atascadero("Grantee"), a sum not to
exceed TWENTY EIGHT THOUSAND, EIGHT HUNDRED AND FIFTY DOLLARS ($28,850), subject to the terms
and conditions set forth below.
Source of Funds:
CCHE has received an appropriation from Proposition 40 (California Clean Water,Clean Air, Safe Neighborhood,
Parks and Coastal Protection Act of 2002), and may distribute funds from Proposition 40 to projects that promote
California's cultural and historical resources, This project meets the objectives of the CCHE program.
Brief Summary of the Project:
CCHE Round 4 funds will be used for fire/safety, code, and ADA required upgrades to allow
maximum public access to Atascadero's historic Administration Building that was originally
designed and constructed to be the centerpiece of Atascadero Colony, a utopian community
fanned by Edward Gardner Lewis.
This Project is further described in Exhibit A—CCHE Project Synopsis.
A. Parties to the Agreement:
This Grant Agreement("Agreement") is entered into between CCHE and the Grantee named below:
GRANTEE
Grantee: City of Atascadero
Project Name: Restoration of Historic Atascadero City Hall
Address: 6907 EI Camino Real,Atascadero CA 93422
Authorized Signatory Rachelle Rickard, Director of Administrative Services
(Type name&title
All communication between the parties should be directed to the individuals named below. All official notifications
must be in writing.
1. The designated Grant Manager for CCHE is listed below, The Grant Manager may be changed at any
time by CCHE. CCHE will notify the Grantee of any change in the Grant Manager,
GRANT MANAGER
Name: Diane Sousa
Address: CCHE
900 "N" Street, Room 461
Sacramento, CA 95814
Phone: (916) 651-9131
Fax: (916) 651-9871
Email: Diane.Sousa librar .ca. ov
2
2. The designated Project Manager for the Grantee is fisted below. The Project Manager may be
changed at any time by Grantee with written notice thereof to CCHE by the authorized representative
of the Grantee, All directives and other communications that CCHE gives to the Project Manager shall
be as binding on the Grantee.
PROJECT MANAGER
Name: Rachelle Rickard
Mailing Address: 6907 EI Camino Real,Atascadero CA 93422
Phone: 805-470-3428
Fax: 805-470-3477
Email: rrickard@ataseadero.org
Street Address: 6907 El Camino Real,Atascadero CA 93422
3. The Grantee shall designate an Accountant for the Project. The Project Accountant may not also serve
as the Project Manager, The Accountant for this Project is:
ACCOUNTANT
Name: Jeri Rangel
Mailing Address: 6907 EI Camino Real,Atascadero CA 93422
Phone: 805-470-3430
Fax: 805-470-3431
Email: irangel@atascadero.org
Street Address: 6907 EI Camino Real,Atascadero CA 93422
The Grantee shall at all times exercise responsibility over the design, management and implementation of the
Project, and may not delegate or assign its responsibilities under this Agreement. The grant funds may be used
only for the approved Project purposes as stated in this Agreement. The Grantee hereby agrees to complete the
Project in accordance with all the terms and conditions of this Agreement.
B. Incorporation of Documents by Reference
The following exhibits and other documents are incorporated by reference into this Agreement and made a part
hereof:
Exhibit A. CCHE Project Synopsis
Exhibit B. Scope of Work
Exhibit C. Standard Terms and Conditions
Exhibit D. Special Terms and Conditions
Exhibit E. State Certification Requirements
Exhibit F. CCHE Invoice
Exhibit G. CCHE Quarterly Progress Report
Exhibit H. CCHE Final Report
In the event of any inconsistency between or among the main body of this Agreement and the above documents,
the inconsistency shall be resolved, except as otherwise provided herein, by giving precedence in the following
order: (1)the CCHE Board Resolution; (2)the body of the Agreement; (3)the Scope of Work approved by CCHE;
(4) the CCHE Staff Report prepared for the Round Four award of funding; (5)the General Terms and Conditions;
3
(6)the Special Terms and Conditions; and(7) CCHE Invoice.
C. Scope of Work
Prior to the commencement of the Project and disbursement of funds, Grantee shall submit a Scope of Work to
CCHE for review and written approval as to its consistency with the terms of this Agreement which are all
incorporated and considered as Exhibit B. The Scope of Work shall have the same effect as if included in the text
of this Agreement. The Scope of Work may be amended as provided in this Agreement, upon the Grantee's
submission of a modified Scope of Work and CCHE's written approval of it.
The Scope of Work consists of three charts:
1. Exhibit B-1 -Workplan, Sources of Funding and Schedule
2. Exhibit B-2-Budget Summary
3, Exhibit B-3-Budget Chart by Calendar Year
Exhibit B-1 -Workplan, Sources of Funding and Schedule
The Workplan shall include:
a. A detailed chart of all of the tasks that will be needed in order for your Project to proceed.
b. The tasks should have divisible sections that list out each logical step that will need to be completed.
These steps shall be listed in the column labeled"Deliverable(s)"to clearly illustrate all of the elements
to complete the task. Examples of tasks that can be listed include such items as design plans; install
HVAC; install plumbing, lighting, fabrication and installation of exhibits; and line item construction cost
estimates.
c, There is also a section at the bottom of the Workplan to provide a narrative description of more
complicated and detailed tasks.
Sources of Funding
All Sources of Funding to complete the tasks will be listed in this chart. The categories will include funding
from CCHE, matching resources, and the Match Source.
Schedule
A Schedule will also be included as part of this chart to provide the estimated initiation date and the
completion date of all tasks.
Exhibit B-2- Budget Summary
The Budget Summary will outline all costs to be incurred to complete the Project by budget categories.
Exhibit B-3- Budget Chart by Calendar Year
The Budget Chart by Calendar Year is a chart that will identify the tasks and budget categories to complete
each task and the total cost of each task. The chart will outline the Budget and tasks by each calendar
year.
4
D. Conditions Precedent to Commencement of Project and/or Disbursement of Funds
In addition to any other conditions contained in this Agreement, Grantee shall not commence the Project and CCHE
shall not be obligated to disburse any funds under this Agreement unless and until the following conditions
precedent have been met:
1. A Resolution has been adopted by the Grantee's governing entity(e.g., City Council/Board of
Supervisors/Board of Directors) authorizing the execution of this Agreement and approving its terms
and conditions. In the case of a State agency, the Director of the agency/department or Executive
Officer of a board or commission must authorize the execution of this Agreement and approve its terms
and conditions.
2. CCHE has given written approval of the Scope of Work.
3. The Grantee has provided documentation that an escrow account or a similar commitment has been
created to fulfill the matching fund requirement.
4. The Grantee's financial management systems must be capable of distinguishing
expenditures attributable to this grant from expenditures not attributable to this grant, This system must
be able to identify costs by date and by budget category and to differentiate between
direct costs and indirect/administrative costs.
5. The Grantee shall provide documentation that demonstrates that it has the legal right, control and
oversight of the premises, such as a long-term lease or easement for at least 20 years.
5
CCHE AUTHORIZED SIGNATURE FORM
The CCHE Authorized Signature.Form vdilbe used and relied upon byte CCHE Budget Office to confirm
and verity that the Individual prepatin -thV necessary financial d6cumentation has the authority and
consent ofthe oNarilzaffoh to do so;
Please identify the individuzil(t).Whowill be responsible in signing the CCHE Invoice s*:submitted from your
office to.WHE and have 4hom siign..Ihelorm Now,
Note,that-any oha.nge:or:addU. to those:Individuals listed below musl be.received by the CCHE Grant
Vanalyer in Wfin9-before.an inyckeWl;be approved:for payment,
f! palilwleftadl the authorized representative for
Risslbratiop'of Atascadero City Hall
hereby authorize the-followingin*dlyid4al(.�):Id acton b6haff of.our agency to prepare and approye:andbe
responsible4ot all linandal:MOW es.and documentation perlain4 to our CCHE Project.
I understwd that the' named.1ndWIdW(s)W11 follow generally:accepted-accounting practices tri providing
:this.inforunation.,to CCHE... -proln, 46e,*corro t.
and a=rste information for OCHEre4low.
Date:
I Itleli . DirsotbrofAft.Irils-tratve Services t Project Manager
Print Marne: :Rwhelle.Mckard
INDIVIDUAL(S)WTHORIZED TO::PREPARE AND SUBMIT DOCUMENTATION TO CCHE
Printed nwe:df
nakjfe bf th0lividdi.0 Date:
Title o(IndivAd.ua*-l*.*1: Director.of-AdmiWr&e Services 1. M*n
Printed name of
Signatult bf IndIV 12'.
Date.
Title of.IndiVidual 2: Project Accountant
11m,W- 6-1 r-CR
6
NAME AND ADDRESS WHERE CREC S WILL BE SENT
(Pleanote that`lbe information:p�ovided in:ft section
can iot.be.dhanged once the GrMtkraerhertt.beins.}
Name of Organization; ..City ofAtawWe' ro
Street Address.. : 0.07:E1 Camino Rei:
Street Address 2:.
City,State and Zip Co&`. ,Atwadc ,CA 93422
7
E. Project Completion and Reports
1. CCHE Quarterly Progress Reports
Progress Reports are due every quarter. Depending on when you start your Project, your first/next
Quarterly Progress Report will be as follows:
• January 15th -for the quarter ending December 31St
® April 15th -for the quarter ending March 31st
® July 15th-for the quarter ending June 30th
® October 15th -for the quarter ending September 30th
CCHE Quarterly Progress Reports will summarize the work completed for the quarter covered by the report
in addition to a detailed narrative of all the areas described in the summary and to any and all activities and
tasks indicated in the Scope of Work. This may include draft products, reports, interim findings, meetings
and the results of meetings, problems, comparison of your Project to the timeline you submitted, narrative
financial assessment and whether you are progressing within the approved budget, proposed activities for
the next quarter and copies of any materials created during the current reporting period.
Failure to submit a complete and timely Quarterly Progress Report on the dates indicated in this Agreement
will result in a delay in payment. Failure to submit any two(2)consecutive Progress Reports may result in
forfeiture of the Agreement funds awarded for this Project and termination of this Grant Agreement.
A Quarterly Progress Report form is included as Exhibit G.
2, CCHE Final Report
The Grantee shall submit a CCHE Final Report on or before the date listed in the Scope of Work. A
request for final payment should be submitted at the same time as the CCHE Final Report.
A detailed list of the items needed to complete the CCHE Final Report is included in Exhibit H.
3. Term of Agreement
The Grantee shall complete the Project by the completion date provided in the section on page one,
number two entitled"Term of the Agreement". Upon completion of the Project,the Grantee shall supply
CCHE with evidence of completion by submitting: (1)the Scope of Work and any other work products
specified in the Scope of Work; (2) the CCHE Final Report; and (3) a fully executed final CCHE Invoice.
Within thirty days of Grantee's compliance with this paragraph, CCHE shall determine whether a Project
has been satisfactorily completed, If CCHE determines that the Project has been satisfactorily completed,
CCHE shall issue to the Grantee a Letter of Acceptance of the Project. The Project shall be deemed
complete as of the date of the letter of Acceptance. However, notwithstanding a letter of Acceptance,the
Project must continue to remain open to the public for the twenty-year period specified in Exhibit D, 8.
Operations and Maintenance.
F. Expenditure of Funds and Allocation of Funding Among Bud et Ig tems
Except as otherwise provided herein, the Grantee shall expend funds in the manner described in the Scope of Work
and approved by CCHE for each individual Project. The dollar amount of an itemized task in the Budget
8
category(les) set forth in Exhibit B-2 may be increased by up to ten percent(10%) through reallocation of funds
from another category or categories without approval by CCHE; however, the Grantee shall notify the CCHE in
writing at the time of making any such reallocation, and shall identify both the categories being increased and those
being decreased. Any increase of more than 10% in the amount of an item must be approved in writing by CCHE.
G. Payment Provisions
1. Invoice Requirements
CCHE will disburse funds to Grantee upon: (i) receipt and approval of a CCHE Invoice with supporting
detail indicating that all items requested for reimbursement have been paid by the Grantee in compliance
with all CCHE requirements and applicable law; and (ii)documentation to illustrate,or to show progress
toward completion of task, and/or receipt of deliverables.
Required detail includes an invoice cost breakdown by task and dates that the invoice covers, Additional
documentation such as copies of permits, drawings, plans and photos may also be submitted to illustrate
progress.
CCHE may request additional documentation such as copies of checks, contractor or vendor invoices,
payroll detail, receipts for purchases, or general ledger information.
A properly submitted CCHE Invoice will list each of the approved items that appear on the Scope of Work.
The CCHE Grant Manager will not accept a CCHE Invoice for which work has not been pre-approved in the
Scope of Work and will return the invoice as a disputed invoice to the Grantee. An incomplete invoice is
considered a disputed invoice,
2. Invoice Format
Invoices shall be submitted based on the format provided as Exhibit F, and shall contain all the information
included in the three parts of the CCHE Invoice Form.
3. Payment Schedule
Grantee may submit a CCHE Invoice monthly, in arrears and, only after satisfactory completion (or
progress toward completion)of each phase or task as indicated in the Scope of Work. The CCHE Grant
Manager will review and either approve or dispute all invoices. The CCHE will pay undisputed invoices no
more frequently than monthly after receipt and approval of a properly itemized invoice for completion of
work set forth in this Grant Agreement. Invoices bearing the number of this Agreement shall be submitted
to:
Diane Sousa
CCHE
900 "N"Street, Room 461
Sacramento, CA 95814
4. Disputes
If there are any disputes regarding a CCHE Invoice, the CCHE Grant Manager shall notify the Grantee
within 15 calendar days of receipt of a properly submitted invoice. Any disputed item will be subtracted
9
from the invoice and the CCHE will process the invoice for the undisputed amount. Dispute resolution will
follow the procedure outlined in Exhibit D, Special Terms and Conditions.
5. Performance Retention
CCHE shall withhold ten percent(10%)from each CCHE Invoice submitted. Disbursements shall be made
on the basis of costs incurred to date, less 10%of the total invoice amount. The remaining amounts
withheld shall be disbursed upon: (1) Grantee's satisfactory completion of a discrete Project phase(for
which the 10%was retained); or(2)completion of the Project, and Grantee's compliance with Project
closure requirements set forth in this Agreement.
6. Audit
All CCHE Invoices and supporting documentation are subject to an audit by the Department of
Finance as well as the Bureau of State Audits. This will include the expenditure of all matching and
other resources.
H. Term of Agreement; Completion Date; Project Schedule
1. This Agreement shall take effect upon CCHE's receipt of one or more original completed copies of this
Agreement signed by the authorized representative of Grantee and the CCHE Board Chairperson or
designee, together with a certified copy of Grantee's resolution or written authorization authorizing
Grantee's execution of this Agreement. The term of the Agreement shall run from the effective date
through December 31, 2013.
2. All work shall be completed by the completion date(s)shown in the Scope of Work. The Grantee
agrees to submit all work products identified in the Scope of Work by the date set forth in Exhibit B-1.
For good cause,the completion date, as well as any other dates set forth in the Schedule, may be
extended by CCHE upon written request by the Grantee in accordance with the CCHE Extension
Policy.
1. Termination of Agreement
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, this Grant Agreement may be terminated by CCHE, and the Grantee
shall be liable for immediate repayment to CCHE of all amounts disbursed by the CCHE under this Agreement, plus
accrued interest. CCHE may, in its sole discretion, consider extenuating circumstances and not require repayment
for work partially completed. This paragraph shall not be deemed to limit any other remedies CCHE may have for
breach of this Agreement.
10
Exhibit A - CCHE Project Synopsis
Atascadero's historic Administration Building was originally designed and constructed to be the centerpiece
ofAtascadero Colony,a utopian community planned by Edward Gardner Lewis. Construction began in
1914, utilizing local resources including bricks made from local clay, and was completed in 1918.
The building houses two separate and distinct rotunda spaces on the first and fourth floors in the center of
the building, with offices ringing the perimeter. The first floor rotunda space was designed to be a museum
to showcase agricultural and mineral products. The fourth floor rotunda was planned to be the community
library. The building is listed on the National Register of Historic Places and is a California Registered
Historical Landmark.
This historic building functioned as the Colony Holding Company headquarters until the Colony's
bankruptcy in the mid-1920s. Most recently, the building functioned as City Hall for the City of Atascadero.
The 2003 San Simeon Earthquake caused extensive damage to the City Hall, rendering it uninhabitable.
CCHE Round 4 funds will be used for fire/safety, code,and ADA required upgrades, in order to allow
maximum public access to future visitors, so they all may have the opportunity to grasp the historical and
architectural significance of the building.
11
Exhibit B - Scope of Work
Exhibit B-1 Workplan, Sources of Funding and Schedule
04mrce of
Task FuN.
(F#xrasoneWe cvr-Adaton of :. ft'sr
taAsisencourapdand nomore £nt€ St�iB:tl Grate Gr eeS Task Task
al en:d lass ma
y to inckidedin Nriotming Es't1Trla,00 'foBK"s': Share of much Stan C €pi"O l
Lhe Ftar�' _ Form) 0941v+8r able TflSFi cosi ..': TZSWWS COM Shate CM9 DatQ
Se4�#ltttt€S f3i��VB1€i1?rP�3'it Ca3 I
Sumotm
S6Ctlon It:SuIldIng aW Facility Coasts
1 PIrej1_rre Satety Coara s ADA MIfW-s stiaeS tee City $ 44*;ISO $.::28,M .$. Y7'1310 RQCJGVMp- . 3f>;1�1#'.13: S*W..2019
e>rtErercl$nta ,a€a,sic systc%. C 9t1fCe1 1Af meet
v g4va �rras>�; AgOnCy
& 44.ALBA, � 131iJW Furgs:
Sec lass t1 SlltYt0la€ $ f,1csl $:;-'• 8D8:C 17,3'0
SeG-NL1f@ i11.:€trWrpret?ve c3r9a#tllVf2plt8t:11S58t.C4943
S D9rsCt costs .;:.::6 a _ >-.,-MAW.
17.s10
ct1cx11V:t51aalti d Cats Carola-tex€ed4o%ofCCH1LF€irl ip#tet-G.1 1
t�murl€lagitestlot $ 213 `s.tlU $. $ 3E3t Ot'3 'SY36v2L119.
Ca.ntrwncy costs Equats.
Sett 100 V: illtIMMAtlfrHri COM L'anno'tamoelt#dIft.of ICCHEWUltiF9€5 --
f?W1lr m Rawest for S. 2yF185d74,. .' ;.:. 3'1d iki B 34r2t1i9
€fltllrhG�`AC1ri1k1.Gos15�gtt�s
Soc
titan YI: Z€�7A '.PRClJEGi COST: t6;1 .;�:-.' 8 .: . ;17,.318 .........
btatt T31F>g Wft &:1 t�UfE8r1k1 :"L B k 6f} t7f t 19 G6€ttrlbLFR�1tk ° 14it35f hB SC{3o fkr:rogimr urmss Tn un
r8lta^91oft requested.
12
Exhibit B-2 Budget Summary
Grantee shall implement the Project as identified in the Scope of Work, Exhibit B-1, and shall be compensated in
accordance with the budget outlined below:
Pre-Development Costs: $
Building and Facility Costs (new construction or renovation) $ 28,850
Interpretive Exhibit/Capital Asset Costs $
TOTAL DIRECT COSTS $ 28,850
Contingency Costs(no more than 10%of CCHE Direct Costs) $
Indirect 1 Admin.Costs Ono more than 10%of CCHE Direct Costs) $
TOTAL CCHE PROJECT BUDGET $ 28,850
13
Calendar Year 2013
Exhibit B-3 - Budget Chart by Calendar Year
Task Task Pre- Building Interpretive Total Contingency Indirect TOTAL
No. Description Development and ExhibitlCapital Direct Costs Costs COSTS
Costs Facility Asset Costs Costs
Costs
Fire/Life Safety
Code&ADA
1 Requirements $0 28,850 $0 28,850 $0 $0 28,850
2
3
4
5
Total $0 28,850 $0 28,850 $0 $0 28,850
14
Exhibit C - Standard Terms and Conditions
1. Approval
Matching funds for Round Four may be counted toward the Grantee's matching fund requirement retroactive to
the Round Four Application due date(February 10, 2010).
Grantee will need to document the amount and source of matching funds used toward one or more of the tasks
set forth in the Scope of Work. This documentation will be submitted to CCHE in the form of a CCHE Invoice.
This Agreement is of no force or effect until signed by both parties. Grantee may not commence performance
on portions of the Scope of Work for which CCHE funds will be used and reimbursement requested prior to the
Agreement being in effect,
2. Amendment
No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the
parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is
binding on any of the parties.
3. Assignment
This Agreement is not assignable by the Grantee, either in whole or in part, without the consent of CCHE in the
form of a formal written amendment by the parties approved by CCHE.
4. Audit
Grantee agrees that CCHE,the Department of Finance(DOF), Office of State Audits and Evaluations, or their
designated representative shall have the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. Grantee agrees to maintain such records for an audit for a
minimum of three(3) years after final payment, unless a longer period of records retention is stipulated.
Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow
interviews of any employees who might reasonably have information related to such records. Further, Grantee
agrees to include a similar right of the State to audit records and interview staff in any subcontract related to
performance of this Agreement. (Authority: Government Code 8546.7, PCC 10115 et seq., CCR Title 2, Section
1896).
5. Indemnification
Grantee agrees to indemnify, defend and hold CCHE, its officers,agents, employees and the State of California
harmless from any and all claims and losses related to CCHE's approval or administration of this grant,
including but not limited to claims related to the California Environmental Quality Act, and claims accruing to or
resulting from any and all contractors, subcontractors, suppliers, laborers, and any other person,firm or
corporation furnishing or supplying work services, materials, or supplies in connection with the performance of
this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation
who may be injured or damaged by Grantee in the performance of this Agreement. The State, including CCHE,
expressly reserves the right to supplement or take over its defense, in its sole discretion.
15
6. Independent Contractor
Grantee, and the agents and employees of Grantee, in the performance of this Agreement, shall act in an
independent capacity and not as officers,employees, or agents of the State.
7. Certification Clauses
The CONTRACTOR CERTIFICATION CLAUSES contained in this Agreement as Exhibit E entitled State
Certification Requirements are hereby incorporated by reference and made a part of this Agreement by this
reference as if attached hereto.
8. Timeliness
Time is of the essence in this Agreement.
9. Governing Lava
This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.
10. Unenforceable Provision
In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties
agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.
16
Exhibit D - Special Terms and Conditions
1. Subcontracts
The Grantee is responsible for all subcontracted work. Subcontractors not specifically identified in the grant
application must be obtained using a competitive bidding process, or provide a satisfactory explanation and
obtain CCHE staff approval for non-compliance with this requirement. Nothing in this Agreement creates any
contractual relationship between any third party contractor and CCHE. All subcontracts must be in writing and
must include specific language that establishes the rights of the auditors of the State to examine the records of
the subcontractor relative to the services and materials provided under the subcontract and/or the grant
agreement.
2. Government Permits
Grantee is responsible for ensuring compliance with all applicable permitting requirements that may be required
to accomplish the Project described in the CCHE Workplan. No work that is subject to any such requirements
may proceed under this Grant Agreement until written evidence of compliance is received by the Grant
Manager.
3. Acknowledgment and Publicity
The Grantee agrees that it will acknowledge CCHE's support whenever Projects that are funded, in whole or in
part, by this Agreement are publicized in any news media, brochures, articles, seminars or other type of
promotional material. Any exhibits, buildings, displays, publications, or other products which are made possible
by or derived in whole or in part from this Project shall acknowledge the assistance of CCHE as follows, or by
similar acknowledgment; "Funding for this Project has been provided in part by the California Cultural and
Historical Endowment,"
4. Audits/Accounting/Records
The Grantee shall maintain satisfactory financial accounts, documents, and records relating to the Project. The
accounts, documents, and records relating to the Project shall be retained by the Grantee for three years
following the date of final reimbursement by CCHE under the paragraph entitled "Term of Agreement" in Part 1,
and shall be subject to examination and audit by CCHE,the Department of Finance, Office of State Audits and
Evaluations, during that period. The Grantee may use any generally accepted accounting procedures, provided
such system meets minimum requirements established by the State of California.
5. inspection
Throughout the term of this Agreement, CCHE shall have the right to inspect the Project area to ascertain
compliance with this Grant Agreement. The State, through any authorized representatives, has the right at all
reasonable times to inspect or otherwise evaluate the work performed or being performed under this Grant
Agreement including subcontract-supported activities and the premises in which it is being performed. If any
inspection or evaluation is made by the CCHE of the premises of the Grantee or a subcontractor, the Grantee
shall provide and shall require all subcontractors to provide all reasonable facilities and assistance for the
safety and convenience of the State representatives in the performance of their duties.
6. Interest Restrictions
Any interest earned from grant funds shall be applied to the Project for eligible Project needs.
17
7. Travel
Any reimbursement for necessary travel and per diem shall be at rates specified by the California Department
of Personnel Administration for similar employees or verification supplied that such rates are not available to
the Grantee. No travel outside of California shall be reimbursed unless prior written authorization is obtained
from the State. Reimbursement for travel must be documented in detail and copies of receipts attached to the
specific CCHE Invoice involving travel.
8. Operations and Maintenance
The Grantee shall maintain and operate the facility and structures constructed or improved as part of the
Project, if any, throughout the term of this Grant Agreement consistent with the purposes for which this grant
was made. The Grantee assumes all operations and maintenance costs of the facilities and structures; CCHE
shall not be liable for any cost of such maintenance, management or operation.
The Grantee agrees to keep this facility accessible and open to the public for a period of twenty years from the
date of project completion. Grantee agrees not to subordinate any fee interest, lease or other p roperty..inte rest
to any person that would affect the grantee's legal obligation and rights to meet this condition.
9. Damages for breach affecting tax exempt status
In the event that any breach of any of the provisions of this Agreement by the Grantee result in the loss of tax
exempt status for any state bonds,or if such breach results in an obligation of the part of CCHE to reimburse
the federal government by reason of any arbitrage profits, the Grantee shall immediately reimburse CCHE in an
amount equal to any damage paid by or loss incurred by CCHE due to the breach.
10. Change of budget
Grantee agrees that any refunds, rebates, credits, donations, in-kind contributions or other amounts (including
any interest thereon)accruing or received by the Grantee after the Agreement has been executed with CCHE
be immediately reported in writing to CCHE if such items pertain to the approved list of items that has received
prior approval for CCHE funding. CCHE will then have the opportunity to adjust and amend the budget of the
Agreement accordingly to reflect the source and amount of such budget items.
11. Liability
Grantee agrees to indemnify, defend and save harmless CCHE and the State, its officers, agents and
employees, from any and all liabilities, claims, demands, damages or costs resulting from, growing out of,or in
any way connected with or incident to approval of this grant or this Agreement, except for active negligence of
CCHE, its officers, agents or employees. The duty of the Grantee to indemnify and save harmless includes the
duty to defend as set forth in Civil Code Section 2778.
The parties expressly acknowledge that this Agreement is an agreement for the subvention of public funds from
CCHE to the Grantee, and is not an agreement as that term is defined in Government Code section 895 or a
construction contract under Civil Code sections 2783 or 2783, Accordingly, it is acknowledged Grantee does
not, in matters arising under this Agreement, have any right to contribution and indemnity from CCHE and/or
the State of California arising under government Code Sections 895.2 and 895.6.]
Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the
State, its officers, agents or employees,for any liability resulting from, growing out of, or in any way connected
with or incident to this Agreement, except such liability as results from CCHE's active negligence.
18
12. Liability Insurance
Throughout the term of this Agreement, the Grantee shall provide and maintain public-liability and property-
damage insurance for liability assumed by the Grantee under this Agreement with minimum limits of liability as
follows:
• A single limit for bodily injury(including death)and property damage liability combined of$1,000,000
each occurrence and $1,000,000 in the aggregate.
• This insurance shall be issued by a company or companies admitted to transact business in the State
of California.
• CCHE is not responsible for premiums and assessments on any insurance policy.
• The company or companies providing such insurance shall have no recourse against CCHE or the
State of California, or their members, officers and employees, or any of them, for payment of any
premiums or assessments under such insurance.
• A copy of Grantee's current insurance policy shall be submitted to CCHE for their records.
• Nothing in this Agreement shall prohibit the Grantee from self-insuring all or part of the insurance
requirements.
13. Loss Insurance
Throughout the term of this Agreement, the Grantee shall provide and maintain insurance against fire,
vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this
Agreement.
CCHE is not responsible for premiums and assessments on any insurance policy.
14. Withholding of Grant disbursements
CCHE may withhold all or any portion of the grant funds provided for by this Grant Agreement or terminate this
Agreement, in the event that the Grantee has materially violated, or threatens to materially violate, any term,
provision, condition, or commitment of this Agreement or the Grantee fails to maintain reasonable progress
toward completion of the Project.
15. Compliance with Law
Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to be licensed
and to comply with all applicable federal, state and local laws, rules, guidelines, regulations, and applicable
requirements. State grants may be subject to California labor Code requirements, which include prevailing
wage provisions, For more details, please refer to the Department of Industrial Relations (DIR)website at
http://www.dir.ca.gov. It is the grantee's responsibility to determine whether the Labor Code requirements
apply to its project.
16. Dispute Resolution
Any claim that the Grantee may have regarding the performance of this Agreement including, but not limited to,
claims for additional compensation or extension of time, shall be submitted to the CCHE Grant Manager in
writing within thirty days of its accrual. The Grantee and the CCHE shall then make a good faith effort to
resolve the claim, and may process an amendment to this Agreement to implement the terms of any such
resolution. If the Grantee and the CCHE are unable to mutually agree on a resolution of the dispute, the CCHE
Board or its designee shall have the discretion to decide how to resolve it.
19
17. Grantee's Name Change
In the event the Grantee's name changes, but there are no other material changes affecting the project or the
grant agreement, Grantee may request a change in the name on the Grant Agreement.
18. Severability
If any provision of this Agreement is held invalid or unenforceable by any court of final jurisdiction, it is the intent
of the parties that all other provisions of this Agreement be constructed to remain fully valid, enforceable, and
binding on the parties.
19. Standard of Professionalism
The Grantee shall conduct all work consistent with the professional standards of the industry and type of work
being performed under the Agreement.
20. Amendments
Except as otherwise provided herein, no alteration or variation of the terms of this Agreement shall be valid
unless made in writing and signed by the parties hereto, and no oral understanding or agreement to be
incorporated herein shall be binding on any of the parties hereto.
21. Venue
All proceedings concerning the validity and operation of this Agreement and the performance of the obligations
imposed upon the parties hereunder shall be held in Sacramento County, California. The parties hereby waive
any right to any other venue.
22. Sections and Headings
The headings and captions of the various sections of this Agreement have been inserted only for the purpose of
convenience, and are not a part of this Agreement and shall not be deemed in any manner to modify, explain,
or restrict any of the provisions of this Agreement.
23. Entire Agreement
This Agreement, and the Exhibits, constitutes the entire Agreement between the parties hereto, relating to the
Project and may not be modified except by an instrument in writing signed by the parties hereto.
20
SECTION 'VI—PUBLIC PROJECTS
3.0 CITY MANAGER AWARD LEVEL II $30,000.011 to $125,000.00'
(continued)
3.3 Executing the Contract
Once the Department/Division has received the approved Purchase Order and an
original. copy of the contract from the City Manager or the Director of
Administrative Services, they may make arrangements with the contractor for
services.
3.4 Change Orders
The City Manager is authorized to issue change orders for changes or additions to
the original scope of work that result in less than a less than a 20% aggregate change
in the contract price, not to exceed the $125,000 contract limit. Change orders in
excess of the 20% aggregate or the $125,000 contract limit shall be brought to the
City Council for approval.
4.0 CITY COUNCIL AWARD >$125,000.00'
Public Projects exceeding $125,000' must be formally bid and awarded by the City
Council in accordance with Public Contract Code Sections 22037 to 22044.
4.1 Formal Bidding;
The City shall solicit formal bids in accordance with Public Contract Code Sections
22037-22044. (See Appendix A)
`11te initiating DepartmenllDivision shall be responsible for completion of the formal
bid process, however the process shall be coordinated with the City Clerk's Office
and the Administrative Services Department.
a) Bid Fornts: The initiating department shall prepare a bid form including detail
specifications for the services to be purchased. The following format is
suggested for competitive bids:
1. Submission of bids (or Mropoosals) — include date, time, location and bid
number as assigned by the City Clerk. include a detail list of the
information the bad or proposal should contain
2. Que&tLons — List the name, address, and telephone number of the person to
be contacted concerning questions about the project.
This limit is tied to Public Contract Code Section 22032. Any changes to limits set in Public Contract
Code Section hereby are adopted as part.of this policy.
42
SECTION VI— PUBLIC PROJECTS
4.0 Cll`I'1' COUNCIL AWARD > $125,000.001 (continued)
4.1 Formal Bidding(continued)
a) Bid Forms: (continued)
3. Backarround - Provide as much background as necessary to give the bidder
an understanding of the environment in which the job will be performed and
to which the job relates.
4. Scope of work -- Describe in detail the requirement for the job and detail
specification.
5. Desired project schedule—Be as specific as possible.
4. Minimum and desirable qualifications—Be as specific as possible.
7. Performance Bond- Whether a performance bond is required and if so, the
amount and form of bidders security.
K Santgle Contract- A sample of the contract that is expected to be used
should be included in the bid package.
b) Notice Inviting Bids; The initiating department shall also prepare a notice
inviting bids that includes the following:
1. A general description of the services to be purchased.
2. A statement indicating where bid fortes, specifications and bonding
requirements can be obtained.
3. A statement specifying the time and place for the opening of the bids.
4. The notice shall be published at least fourteen calendar days before the date
of the opening of bids in a newspaper of general circulation, printed and
published in the City. (It is recommended that it be published twice, not
less than five days apart.)
5. The notice shall also be mailed to all construction trade journals specified in
,section 22036 of the Public Contract Code. The notices shall be mailed at
least thirty(30)calendar days before the date of opening the bids.
c) Bid Opening
1. Sealed bids shall be submitted to the City Clerk's office and shall be clearly
identified with the Bid number on the envelope. Faxed or other electronic
bids are not acceptable.
2. Bids shall be opened in public at the time and place stated in the public
notice.
3. The City Clerk or his/her designee shall open the bids and shall record all
bids received.
' This limit is tted-to Public Contract Code Section 22032. Any changes to limits set in Public Contract
Code Section hereby are adopted as past of this policy.
43
SECTION VI— PUBLIC PROJECTS
4.41 CITY COUNCIL AWARD >$125,040.00' (continued)
4.1 Formal Bidding(continued)
c) Bid Opening (continued)
4. Any bid received after the time specified in the notice shall be rejected.
5_ When a bidder's security is required, it will be announced in the public
notice inviting bids. The amount shall be determined at the time of
preparation of the bid. It shall be in the form of cash, certified or cashier's
check, certificate of deposit in the City of Atascadero's name or bid bond
made payable to the City of Atascadero. When a bidder's security is
required, a bid shall not be considered unless one of the aforementioned
forms of security accompanies the bid. Bidders shall be entitled to return of
the bid security with the following exception:
The successful bidder must execute the contract and file acceptable
documents within thirty (30) calendar days from the date of award
unless extended by the City Manager. Failure to execute the contract
shall be just cause for annulment of the award and forfeiture of the
bidder's security, not as a penalty, but as liquidated damages. The City
Council may, upon refusal or failure of the successful bidder to execute
the contract, award the contract to the next lowest bidder.
6. All bids received shall be available for inspection during regular business
hours in the City Clerk's office for a period of not less than thirty (30)
calendv days after the bid opening.
d) Rejection of Bids: The City reserves the right to reject any and all bids, to
accept or reject any one or more items of a bid, or to waive any irregularities or
inforinalides in the bids or the bidding process if to do so is deemed to best
serve the interests of the City. if after the first invitation of bids all bids are
rejected, the City may elect to re-advertise for bids or have the project done by
force account. (See Section 22038 of the Public Contract Code for Procedures
and limitations)
e) Determining Lowest Responsible Bidder: Award of bid shall be to the lowest
responsible bidder. All valid responsible bids shall be considered in
determining the lowest bid. Before the award, the bidder may be required to
furnish evidence of capability, equipment and finmicial resources to adequately
perform the work. Bidders not found to be qualified may have their bid
rejected.
'
This limit is tied to Public Contract Code section 22032. Any changes to litnirs set in, Public Contract
Code Section hereby are adopted as part of this policy.
44
SECTION VI-PUBLIC PROJECTS
4.0 CITY COUNCIL AWARD >$125&fl00.00r (continued
4.1 Formal Bidding(continued)
1) Tie Bids: If tie bids are received, duality and service being equal, the contract
shall be awarded to a local bidder.
If the above condition is not applicable,the City may, at its discretion:
1. Reject any and all bids presented and re-advertise, or
2. City may accept either one or accept the lowest bid made by negotiation
with the tie bidders; or
3. Award the bid to any one of the low tie bidders by public drawing.
4.2 Awarding the Bid
Once the bids have been evaluated, the [department Head/Division Head shall
prepare a report to Council recommending the most responsive bidder. The Council
shall then award the bid in a public meeting.
All public project contracts exceeding $125,000.001 must be awarded by the City
Council. Otherwise:
1. Such purchases are void and not considered an obligation of the City.
2. Invoices may be returned to the contractor/service provider unpaid_
3. The person ordering the unauthorized purchase may be held personally liable
for the costs of the contract.
43 Contract and Purchase Carder
a) A contract shall be prepared and two original copies shall be signed by the
contractor.
b) A purchase order shall also be prepared detailing the contractor name, service
being purchased, estimated total price of the service being purchased and
budget account to be charged. The purchase order shall be signed and dated by
the Department Head.
c) The Department/Division will obtain a completed IRS form W-9 from the
contractor/service provider.
d) Proof of insurance in accordance with the contract shall be obtained
e) Performance and payment bonds shall be obtained. (Bonds must be in a forrn
accepted by the City and must mea all City requirements.)
This limit is tied to Public Contract Code Section 22032. Any changes to limits set in Public Contract
Coote section hereby aro;adupwd as part aC this policy.
45
SECTION Vx--PUBLIC PROJECTS
4.0 CITY COUNCIL ANVARD >$125,000.00'(Conturued)
4.3 Contract and Purchase Order (continued)
f) `Che City Attomey shall sign the two original copies of the contract approving it
as to form..
g) The City Manager or his/her Council designee shall sign the tow original
copies.
b) The entire purchase order, the W-9, proof of insurance, copies of the bonds, and
moth original copies of the contract shall be submitted to the City Manager or
the Director of Administrative Services for approval and signature and should
incl tide a copy of the Staff Report.
i) One original copy of the executed contract shall be returned to the contractor
anti the other original shall remain in the City Clerk's Office. A copy of the
executed contract shall be sent to the initiating department and a copy io the
Adrnanistrative Services Department.
4.4 Change Orders
The City Manager its authorized to issue change orders for changes or additions to
the original scope of work that result in less than a 20% aggregate change in
contract price. Change orders in excess of 20% shall be brought to the City Council
for approval.
' 'Ibis limit is tied to Public Contrnct Code Section 22032. Any changes to limits set in Public Contract
Code Section hereby are adopted as part of this policy.
46
Sousa, Diane@CSL
From: Jeri Rangel <jrangel@atascadero.org>
Sent: Tuesday, February 19, 2013 8:42 AM
To: Sousa, Diane@CSL
Cc: Jeri Corgill; Rachelle Rickard
Subject: Round 4 CCHE Grant Proof of Escrow Account
Follow Up Flag: Follow up
Flag Status: Flagged
Diane,
The City of Atascadero employs fund accounting and is very familiar with grant requirements. All CCHE expenses will be
tracked separately and apart from the General Fund, in an account that holds only CCHE related transactions. Job
costing is also used for even further break down of component parts. We track everything on a spreadsheet and do
regular reconciliations. All invoice, check, and backup copies are held through the end of the audit period in a CCHE
grant binder for easy and accurate reference.
The City is fortunate to have received many reimbursable grants over the course of years and is experienced in tracking
and separating expenses. We have established very particular policies to that end. Our director is a former auditor and
holds us to high standards. Our fiscal and grant auditors have consistently been impressed with how our policies
translate into precise and easily auditable record keeping.
If you have any questions or concerns, please do not hesitate to contact me.
Thank you,
Jeri Rangel
Project Accountant
Jeri Rangel
City of Atascadero j Deputy Director of Administrative Services
805.470.3430 voice 805.470.3431 fax I jrangeMatascadero.org
1
Q
0
4-J 0
Cls 1<
14 +-; UCCS y
0 00
Of
4--J
tU 0
4- >, _j
<
E
LLI m 0- a: T-- Q) q- 6
E a) 0 -0 0 4-J ui u
C\J
0 < v C v z 14-
L-
Cl0 4--1 <
- -�%,,d
< I Wo r- C ) D >
4--)
U- - (f) 0 z :3
LU o :D 4-j c —
0- U .5 (--13 Q) "c- (1) u
uMay > 5-
4-J
z 0 4--J IN.J 0 Q) w ui
LAJ 4-1 V)
< 0 (-)Z Q) " C\j 4- "
C:
4-J
<
cr 4- (n
V) 4- 0 0 0C\j cL) z
:D :5
c-
z ILI C 0
cy- cr, 4-J
>
0 0 0 < m
0ru U �
C 4-CL .2 4-J 0 L-
I-- <
cz
o 4-J
(n w 0 z
0 < 4-1 -0 0
Q) V)
<
0 Z 4—J 0 n- 0) E
V) Russm -0 :3
.50
o U- -r- c
z u 0 ca
<
U d03 CCS 0
0
0 z W
4-J
E �- mr-
LLc- E at
< o 4-J S.- u
L) L) 0 <
Q)
u --(/)
Z
Cy E
0
4-J It -2
LU _0 E
X 0 m
<
u -�-j
u ui u m
0
4-J
4--; 0
T3
Exhibit E - State Certification Requirements
By signing this Agreement, the Grantee's authorized representative is certifying under penalty of perjury that the
following clauses will be enforced for the duration of the Project with CCHE.
1, Non-Discrimination
During the performance of this Agreement, Grantee and its subcontractors shall not unlawfully discriminate,
harass, or allow harassment against any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental
disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Grantee and
subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment
are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions
of the Fair Employment and Housing Act(Government Code Section 12990 (a-f)et seq.)and the applicable
regulations promulgated thereunder(California Code of Regulations, Title 2, Section 7285 et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing Government Code
Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are
incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its
subcontractors shall give written notice of their obligations under this clause to labor organizations with which
they have a collective bargaining or other Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to
perform work under the Agreement.
2. Drug-Free Workplace Certification
Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation,
possession or use of a controlled substance is prohibited and specifying actions to be taken against
employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about.
1. the dangers of drug abuse in the workplace;
2. the person's or organization's policy of maintaining a drug-free workplace;
3. any available counseling, rehabilitation and employee assistance programs; and,
4. penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the CCHE Project will:
1. receive a copy of the company's drug-free workplace policy statement; and,
2. agree to abide by the terms of the company's statement as a condition of employment on the
Agreement.
Failure to comply with these requirements may result in suspension of payments under the Agreement or
termination of the Agreement or both and Grantee may be ineligible for award of any future State Agreements if
CCHE determines that any of the following has occurred: the Grantee has made false certification, or violated
the certification by failing to carry out the requirements as noted above. (Government Code 8350 et seq.)
21
3. National Labor Relations Board
By signing the Agreement, the Grantee swears under penalty of perjury that no more than one final
unappealable finding of contempt of court by a federal court has been issued against the Grantee within the
immediately preceding two year period because of the Grantee's failure to comply with an order of a federal
court which orders the Grantee to comply with an order of the National Labor Relations Board,
4. Union Activities
By signing this Agreement Grantee hereby acknowledges the applicability of Government Code section 96645
through section 96649 to this Agreement and agrees to the following:
a. Grantee will not assist, promote or deter union organizing by employees performing work on a state
service contract, including a public works contract.
b, No state funds received under this Agreement will be used to assist, promote or deter union organizing.
c. Grantee will not,for any business conducted under this Agreement, use any state property to hold
meetings with employees or supervisors, if the purpose of such meetings is to assist, promote or deter
union organizing, unless the state property is equally available to the general public for holding
meetings.
d. If Grantee incurs costs, or makes expenditures to assist, promote or deter union organizing, Grantee
will maintain records sufficient to show that no reimbursement from state funds has been sought for
these costs, and that Grantee shall provide those records to the Attorney General upon request.
5. Conflict of Interest
By signing this Agreement, Grantee certifies that it will comply the following provisions regarding current or
former state employees. If Grantee has any questions on the status of any person rendering services or
involved with the Agreement, contact CCHE immediately for clarification.
Current State Employees
a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or
employee receives compensation or has a financial interest and which is sponsored or funded by any
state agency, unless the employment, activity or enterprise is required as a condition of regular state
employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any
state agency to provide goods or services.
Former State Employees
a. For the two-year period from the date he or she left state employment, no former state officer or
employee may enter into a contract in which he or she engaged in any of the negotiations,
transactions, planning, arrangements or any part of the decision-making process relevant to the
contract while employed in any capacity by any state agency.
b. For the twelve-month period from the date he or she left state employment, no former state officer or
employee may enter into a contract with any state agency if he or she was employed by that state
agency in a policy-making position in the same general subject area as the proposed contract within
the 92-month period prior to his or her leaving state service.
22
If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement
void.
Members of boards and commissions are exempt from this section if they do not receive payment other than
payment of each meeting of the board or commission, payment for preparatory time and payment for per diem,
(Public Contracts Code, Section 10430 (e).)
6. Labor CodeMlorkers' Compensation
Grantee agrees to comply with Section 3700 of the Labor Code, which requires every employer to be insured
against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of
that Cade, and Grantee confirms that it will comply with such provisions before commencing the performance of
the work of this Agreement.
Grantee also certifies that it will comply with Labor Code Sections 1810-1815, inclusive, regarding maximum
hours per workweek.
7. Americans With Disabilities Act
Grantee assures the State that it complies with the Americans with Disabilities Act(ADA)of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued
pursuant to the ADA.
8. Authority
By entering into the foregoing Agreement the Grantee gives assurance and certifies with respect to the grant
that it possesses legal authority to apply for and receive the grant funds.
23
CCHE INVOICE PART I OF 3
Rhlfbitf,QCHE fnvolCle
CALL FORNI ACUUURAL!& HISTOPMOA
L,.ENDOWMENT
CCHE NVOICIE:FORM PART OINE
TO:CALIF61IWA CULTURAL&.HiST.ORIC*.AL ENDOWMENT- Date Received by CCHE,
-glbo'*rs4retafAoom:56.0 (qate,stamp and initials)
Sacramento,CA..95131.4
Attn:Francellb'Phillipe ...........
Phone:Number.'(01:6)667-1$02
Email:
FROM:(Naive and Title) Mr..Arthur tield-boet.",
fant.Nurriber;: 07-Bl-00
Grantee:(Agency) PreservatidnC1615-rlb.L
Mailing Address: Inv6ice.Number., I
BaYfavrri.CA 00000
I nvoice 11Y2012007
Ptojed Title:: Museum Pmoct
Term cfldrant,A.preernent. 1 1:AWNW, through 513012008
Tirne.period covered by.WsInvoi.ce: I1iI5i2007 :through. 1=912007
CCHE.G RANT AWARID
PRIOR BALAWE CURRIENT'EXPENSES.. NEWENDINGSALANCE.
AMOUNT
$00.:000-00 $600,000,00 $27.687.06* $572.*413,00
Less 10%-Performanoe.Ref6tion: $2.16870
AMOUNT DUE TO"GRANTEE
CCHE.PROJE0.tWN,k. R.APPR-09.0i.L
jirri&1.4g6iCy>.thotffie ob#i b0ng i0ainfad fdr`ODHE40
mgcOijare In all resperAwltrue,oorreck,and in aceorc!Anoe.wiffi
cc.14E,
wantvfovfti_�S,and 0xit-all1dinds.were expended Thr
x
Fr.Flcelle Phillips
x AAkk k6d 12/29/07'
CCHE PROGRAM-ADM IN ISTRATOR'S APPROVAL SignaWre.ol'Authorized Signatory Date
Arthvrilzed,Executive Director
Pont Name and Titie.of Authonzod Signatory
x
CCHE Administrator Date Able..Aountant
Invoice Preparer's Name
655421-4444
Title Preparer's Phone Number
Fiscal Peer ..... ...... A: INDEX OBJECT GORE
Vend or:#.
Revi bWed by Date to CFS
24
CCH£INVOICE AART 20F J
Grantee:PRESERVATION CLUB,INC..
Profeet Title: Museum Pro ect
Grant iY1�il}Er 07.81•`00 --�--- -^`--
?errri ot.Awt'eerneait jt=15 17 to rr33-08 ENTRIES BELOW ARE SHOWN BY TASK,CCH E FUNDS(etaaded.{trtes:$Ml rh FUNDS(v"ts lines)
�-tnuOlcE st� w ��� � :•� �-'
EXIgBIT I3-1 TAM CC146 f VACN T 12 z�
Sh�M�' ` �sa„xex<,�-`Y";x.z"•-.:'3:i^! L's `'°u`�,?'�` ..�','�'"" �:z �..) >
�'µ,,,. Ma! $45.0W
Lill�,-, ..1 �� r.�c.•_ - c �;"?x•:
ntJ,etch 25,0 00 -._ .. 2500.0-
�y�Rlx9iiilsv�a�.{'kt`}v`k'Y-k.�.,' y'F���• R L�tZ � ,n` < _�i711� '��. Z'���j.�� tv
mks
,�,,. t .'t L�+y,. �-w�.-.mom..r..,a�-RIS+? n� 4,r �a� -' .,»e? .•Ew,cw,::. a... ..?:tx.a ;r. \ '.n ",^�a�:: ..sat ..x:�•-��.. ^^"�^.,4�:�'�.,x>:��.��",��a-. �,
Match $48,413 1$.413,00i8.4i1 N
F+*"*
SOMEHOW
•�- u>• �'7' F:':Y".�'Y:' :',"r<''Vx•N ;2: r� �..
r Y�tch. 3250 213,250.00
478
tf�r
. M
IRI
Mal $23.700 _ 23.700.00
7:
, �t
;
i�lUse4un:A,Fut>� >: .=,��.r'�< .#�_._ CGeiE \� ��... ..;��"��'�����
n- ,
Match $23,335 _ 23:335.00
,.. t; t71;] 8£trJG aa-. .: 'w`a�c �` %a.. = " -:� � go,
--
,-,., ....s�c2r L n.'�-T.,. s..m. .t »;- �a u'.: t. \;' fir.... g
wo 00
8.I N1ii 9cart;,Ralol �" '' Match I ,j p^ r rn ate? s =x� �
..s iU'> ..,..�. ...<, .L'.�+,�'�'u^St+•��."_a"�`'�."�.a'.,x.�.'u. -wx nrt..e..SI.CC YS`,�F,�:��.x�, ..,._..�7h� n-...f;M T^f`rm.»`.}...."w.
.. .: :.Y.
��. e* xs w ra�iuxaa• -rs�`.s.:�T ,:.. ,. .� r �> -t,.w u�',ru ,,'�. `""`"y, +ni \
Match $3360 3. .00
Match 1 0 00
S �.a:s' .�.,r+ +a 'ys °c:, ein '
. .z: � ._. u. .Y t' �� M. apt 2,589,00
Match , S17,911. �•-17.911._00
<.'3 42?AF �"'L�•� h '�,xs.'°+.-'T�' ,^� .' .... A.d. .m+t vk'{rM. `'..... �::'"WI , e`�'"s�`?.,�`,MO:-,
_ Match
Match
`_^`' ,�,�,K'}.,y.1M70 r^Re4.,'S``,,s. .i._ � ..... T�'G
Match .. �
,.::: ,,.. ."i'✓..5 �,�iJ�-.,�.r�.....:.< `s�x.._._::. �� � .. '� .`a �. ..... ti nl�,r �f,'��-'" &• '�. �$3d111�7 �i=��''��.s�
Match.:
: �tdu"..1t:FlflrsCt(ig Hard 8 CSr}'Et _ x F'"UBPcw. ?,.- *....~ ,. ,a.ti,-�•a'ti' sc. ,rFT, x;.* ; *,� �},e�,V.,,,�I '".2Az'r`"Z,..'-_x: '
Match $67.968 5 7988 00
Xr fitlte CC 41 . s ' a � uGi 4(t86_ x- w .
Match
pssgtt' .Btn1B %tt1I ;1+}0fi&f D9 Gb �,. c F4n2 7 �..yx .Z^a x: t ��
-wo �mm
7c.r"
-I? ��..,.,..�,... _. �e„- `,,..,.�'fi.;,.#�.`Fs:a'�,”. .. ��� .• �,�� �r�-,iN.�x�"`3.�7a!P!e�t
TOTAL-Match Budget-Matin Used per Invoice 600.000:00 43,413.00 5',x6.587,00 43,413.,
TOTAL BUDGET•ALL TA'St($•CCHE 3 Matctt $1,200.000.00 71.000,{30
1,129,00{}.0 71,000.
105u>yerlmr antt$8ientwri rCCNEtonils'tinly). 2,758.7 : 2,758:701
�.
gmouM Pald to Gtanlea-ped 1 nvflice 24,828.34 24,828.6
25
CCHE.INVOICE<PART 3`OE 3
GIR.—Y# 07 - 8 1 - 00
Contee.: Preservation Club, Inc. � 5
Projebt Title: Museum'Plroject
:invol : l l}n`1l EC
Q,ate of Invoice: �i -29-07
8.AMPLE ONLY
PART TM.REE - NAR . AT11tE. INSTRUCTIONS
:.B�i°e y 440"ethe wflrk eo:rriple�ted and a:movnts-paid dual hls;r'n;vo ce:pe.rrz�d;.
bpyi to l;..f oh�i fha �8:=� Bi ax :et�INarkpla Th.e info rr}re iori.belaw ex la�ri the'
filar esto :GFf :end lule'tal� shownn.the Spreadsfi:e:et. Retriettrr°tf�a` aft
q peas slhourre.d fat:;tte�btks l�st�ed below must have been,paid by.yaur
o* a: 2atii�: :`;_r-f-0-cfa��nrn reirnbr rsert�ent from GCHQ,
Task:lurtlaer in: Narrative
B=1 mark Favi
Usk #2 :8ite'1tlTork -Task is cOmplete.. $'I0:,000. billed tb CbH'1� fay
Ge°ne 'l Coita.ctor`:s;invo.ice:# deted 12=1- 7: 4maurt`p; id
#o:C r�tracto:r
Ta :# omun.dati in Task is compl.e.t'e... $17;587 bilied'to H:E for
Geneal Co:rtraetor.'s invoice:#3:dated 1:.2- .S-D.7. .: imQurt
e'id`t6 0''W80t6rincludes $18.;413 in m.Mch funds:
Summary C.ontraotor"s invoices #2 .and #3 total $7'1 ,000 and were pal
by Proserva.tidh.. Club on 12-27-07.
Total ZO E finds billed on this,invoice.= $27587.
Total WWI)fundsreoard.ed on thiis invoice
SAMPLE ONLY
26
Exhibit G
California Cultural and Historical Endowment (CCHE)
Quarterly Progress Report
Grantee: Date Report Submitted:
Address:
Grant Agreement Number: Quarter Covered by Report:
Summary: Briefly summarize the work completed since your last report to CCHE (50 words or less).
1. Task Details. Refer to your Exhibit B-1 workplan and list activities initiated or completed by task
number. Provide details of accomplishments this quarter and state whether the task is completed or
the degree of completion achieved.
2. Schedule. Is the Project on schedule, according to the workplan in Exhibit B-1? If not, what is not on
schedule and why?
3, Challenges. Did organizational, staffing, construction,or financial challenges or changes arise during
this quarter? If so, explain the effects these challenges may have on your Project.
4. Future Plans. What do you plan to accomplish in the next quarter? Are there any anticipated changes
to your workplan? Will you be able to stay on schedule and within your approved budget?
5. Other. Describe any new or upcoming opportunities, significant events and activities involving your
organization. These may or may not be directly related to the CCHE Project workplan.
6. Administrative Updates. Have there been any changes to the grantee address, Project staff, or
grant agreement signatories this quarter?
7. Attachments. List any relevant attachments to this report, including construction photographs, news
articles, fliers, etc. If there are any lengthy documents or workplan deliverables, copy them to a CD
(send no hard copies) and list them below:
a)
b)
C)
Return completed Quarterly Reports to: (Grant Manager), CCHE, 900"N"Street, room 370, Sacramento, CA 95814
1 certify that this CCHE Quarterly Progress Report is accurate and that this Project is in compliance with the CCHE
Grant Agreement. I further certify that any expenditure discussed in this report is allowed under the CCHE Grant
Agreement and that all funds were expended for the purposes of the CCHE Project.
Authorized Grantee Signature: Date:
Printed Name: Title:
27
Exhibit H - CCHE Final Report
Certification and Grant Closeout Procedure Checklist
Grantee: Date Report Submitted:
Address:
Grant Agreement Number: Term of Agreement:
As stated in the Grant Agreement, upon completion of the Project, the Grantee shall supply CCHE with evidence of
completion by submitting the following, (If items listed are not applicable, leave the box unchecked.)
❑ Completed CCHE Final Report Template(enclosed with your Closeout Instruction Letter from CCHE), providing
narrative information on your Project, This is required of all grantees.
❑ Certify the final report by signing this Exhibit H—Final Report Form
❑ An invoice(Exhibit F)for any completed work not previously invoiced to CCHE
❑ A Final Invoice with original authorized signature to claim all 10% Performance Retention amounts not previously
paid by CCHE. This invoice can be processed for payment upon receipt of the other required closeout documents
(blank CCHE Performance Retention Invoice form was enclosed with your Closeout Instruction Letter from CCHE).
❑ Visual documentation (still photos)of the Project at the time of completion(or end of the CCHE part of the
Project)
❑ Copies of any news articles or promotional materials created during the Project, but not previously submitted to
CCHE. Explain on the line below°where CCHE acknowledgment is located (on-site)for a building,exhibit,or
display—per Grant Agreement Exhibit D,3.Acknowledgment and Publicity.
Acknowledgment location:
❑ Name,address and phone number o€contact person who is in charge of audit records—form included. Allgrant
records are to be kept a minimum of three years from date of the Letter of Acceptance.
As stated in the CCHE Grant Agreement(Part I, Section E, 3.) - If CCHE determines that the Project has been satisfactorily
completed, CCHE shall issue to the Grantee a Letter of Acceptance of the Project. The Project shall be deemed complete as
of the date of the Letter of Acceptance. if the Project is a facility, the Grantee agrees to keep the facility accessible and open
to the public for a period of twenty years from completion date.
I certify that I am an authorized signatory for the herein named agency,that this CCHE Grant Final Report is accurate
and that this Grant Project is in compliance with the CCHE Grant Agreement. I further certify that any expenditure discussed
in this report is allowed under the CCHE Grant Agreement and that all funds were expended for the purposes of the CCHE
Project.
Authorized Grantee Signature: Date:
Printed Name: Title:
28