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HomeMy WebLinkAbout _ 4.6(c)--Accept Extreme Heat Grant for Sprayground at PanoramaC IT Y OF REMDINO�" AN CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: June 1.7, 2025 FROM: Travis Menne, Director of ITEM NO. 4.6(c) Community Services ***APPROVED BY*** Tr =is a r art c r t it 'unft �aeivices ,1202 r , tpp i tn,,"iia ' 6/11/2025 tmenne ,cityofredding.org btippin@cityofredding.org SUBJECT: 4.6(c) --Accept the Integrated Climate Adaption and Resiliency Program's Extreme Heat and Community Resilience Program Funds, Authorize Agreements, and Adopt a Budget Resolution for the Panorama Park Project. Recommendation Authorize and approve the following actions regarding the Integrated Climate Adaption and Resiliency Program (ICARP) Extreme Heat and Community Resilience Program for the City of Redding Panorama Park Sprayground Project: (1) Accept the ICARP Extreme Heat and Community Resilience Program funds in the amount of $1,995,000 to build heat -resilient play infrastructure at Panorama Park; (2) Authorize the City Manager to execute the ICARP Extreme Heat and Community Resilience Grant Agreements, any amendments, sub -recipient agreements and the associated documentation; and (3) Adopt Resolution approving and adopting the 82nd Amendment to City of Redding Budget Resolution No. 2023-060 appropriating $1,995,000 in ICARP Extreme Heat and Community Resilience Program state grant funds for Panorama Park for fiscal year 2024- 25. Fiscal Impact The Extreme Heat and Community Resilience Program (EHCRP) grant application requested $1,995,000 to build a heat -resilient sprayground at Panorama Park. This is a reimbursement grant with no required matching funds. To date, the Panorama Park Project (Project) has secured $23.25 million in grants but the overall project may cost up to $27 million. The grant funding will bolster the overall project budget and reduce the funding gap deficit. Staff will explore gap funding options for the remainder of the project in FY 2025-2026. Accepting the grant and building the water play features will require future maintenance funding of approximately $20,000 annually. Future maintenance costs would have to be added to the operations and maintenance funding figures previously considered by City Council (Council) at its October 6, 2020, meeting. The maintenance cost is based on the additional staff time required to clean and maintain the sprayground as well as routine repairs and upkeep typical for the City of Redding's (City) existing splash pad, Fantasy Fountain at Enterprise Park. Report to Redding City Council June 11, 2025 Re: 4.6(c) --Accept Extreme Heat Grant for Sprayground at Panorama Page 2 Alternative Action The Council could decline to accept the grant funds or provide staff with alternate direction. Background/Analysis The Integrated Climate Adaptation and Resiliency Program (ICARP) drives California's response to climate impacts. ICARP's is part of the Governor's Office of Planning and Research which administers the EHCRP. This grant program funds and supports local, regional, and tribal efforts to reduce the impacts of extreme heat. The EHCRP aims to address extreme heat and reduce the urban heat island effect. Extreme heat interventions such as providing shade, promoting evaporative cooling, and offering public education can reduce the harm of extreme heat on California's communities. During community outreach, staff received many requests for shade structures to make traditional play infrastructure usable during the hottest months of the year as well as water play infrastructure to help residents remain cool. In December 2024, staff received an award notification in the amount of $1,995,000 in grant funding and subsequently, on May 30, 2025 staff received the standard agreement to design and build a sprayground and shade structure at Panorama Park. Developing this facility provides a free way for children and families to stay cool and active during the summer months, enhancing the quality of life for residents in the northwest quadrant of the City. Environmental Review On June 22, 2021, the Planning Commission (Commission) adopted the Mitigated Negative Declaration and the Mitigation Monitoring Programs and approved the Panorama Park Project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines § 15074 (CEQA). At this meeting, the Commission also approved Site Development Permit SDP - 2021 -00785, General Plan Amendment GPA -2021-0786, and Rezoning Application RZ-2021- 0787. No further actions are required at this time. Council Priority/City Manager Goals • Government of the 21st Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." • Economic Development — "Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community." Attachments 'Resolution Previous Staff Report - October 6, 2020, Item 4.6 (b) Grant Application Previous Staff Report - June 4th, 2024 - Item 4.6(a) Grant App Panorama Park Sprayground EHCRP Award Letter Extreme Heat and Community Resilience Program Grant - $1.995 Resolution No. 2025 - A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 82°a AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060 APPROPRIATING $1,995,000 IN INTEGRATED CLIMATE ADAPATION AND RESILIENCY PROGRAM (ICARP) EXTREME HEAT AND COMMUNITY RESLIENCE PROGRAM STATE GRANT FUNDS FOR PANORAMA PARK FOR FISCAL YEAR 2024-25. BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2023-060 be and is hereby amended as follows: FUND 152 DIVISION 1791 DESCRIPTION Parks Grants $1,y95,0000 THAT account titles and numbers requiring adjustments by this Resolution are as follows: USE SOURCE OF F1 NDS OF FI NDS Increase (Decrease) Beginning Balance 152-1791-3629601-00000 State Grant Capital - Recreation & Culture 1,995,000 Increase Expenditures 152-1.791-7200008-00000 Recreation Areas $ 1,995,000 Total $ 1,995,000 $ 1,995,000 THAT the purpose is to appropriate $1,995,000 in Integrated Climate Adaption and Resiliency Program (ICARP) Extreme Heat and Community Resilience Program state grant funds for Panorama Park for fiscal year 2024-25. 13EREBY CERTIFY that the foregoing Resolution was introduced at a regular meeting of the City Council of the City of Redding on the 17th day of June, 2025 and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: SHARLENE TIPTON, City Clerk JACK MUNNS, Mayor FORM APPROVAL: CHRISTIAN M. CURTIS, City Attorney C IT Y OF REMDINO�" AN CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: October 6, 2020 FROM: Kim Niemer, Community ITEM NO. 4.6(b) Services Director ***APPROVED BY*** AiinNie411-nf 6,pp4in, crit, rvices kecto,12412020 r-- C -i n e kniemer@cityofredding.org btippin@c ityofredding.org SUBJECT: 4.6(b) --Adopt Resolution for California Statewide Park Program Application Recommendation Adopt Resolution approving the City of Redding as an applicant for the California Statewide Park Development and Community Revitalization Program grant administered by the California Department of Parks and Recreation; and authorize the City Manager, or designee, to execute all documents necessary to apply for the grant, appropriate funds should the grant be awarded, and execute any agreements necessary to implement the project. Fiscal Impact The grant application will request up to the maximum of $8.5 million to construct Panorama Park and Field House (gymnasium). Staff is required to complete the California Environmental Quality Act (CEQA) documentation and filing fees concurrent with the application. This is anticipated to cost $20,000 which can be funded out of an existing allocation in the parks development fund. The grant guidelines require a match for construction of indoor facilities. Based on current project cost estimates a $1.5 million (15percent of total project) match will be required to complete the project. Funding from the Parks Development Fund will be utilized for the studies, fees, and match funding. If awarded the grant, the new park and facility will require new funding for operations and maintenance. Staff estimates the early years to be close to $200,000 annually and grow to $300,000 over time as the facilities wear and require more repairs and maintenance. If approved, the ongoing operations and maintenance funding will need to be budgeted beginning in Fiscal Year 2023-2024. This cost would be a general fund expense with some offset from facility rental Income. Alternative Action The City Council (Council) could decline to apply for the funds under this grant opportunity or provide staff with alternative direction. Report to Redding City Council September 29, 2020 Re: 4.6(b) --Resolution California Statewide Park Program Application Page 2 Background/Analysis Following the passage of Proposition 68, the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018, the Statewide Park Development and Community Revitalization Grant Program allotted approximately $650 million to create, expand, and renovate parks and recreational opportunities in underserved communities. In 2019, the City of Redding (City) applied for round three of the program and received $6.7 million for the Caldwell Park Expansion project, becoming one of only 62 California communities to receive such funds. The highly competitive program received 478 applications totaling $2.3 billion in funding requests. In July 2020, California State Parks announced round four of the program, and a total allotment of $395.3 million for park construction, improvement or expansion. To capitalize on the funding source, staff is beginning preparations for project planning and the public engagement process to submit an eligible application. Using the 2018-2021 Action Plan and the Parks, Trails, and Open Space Master Plan as a framework for selecting potential projects, staff analyzed the program guidelines alongside available park properties. The analysis determined that the 10.53 -acre Panorama Park site, located at 950 Lake Blvd, demonstrated both the highest need in the community and proved to be the highest scoring park site currently in the City's ownership. The City acquired these 10 undeveloped acres in 2006 for park purposes. In 2008, new park planning stalled as the recession hit. The State's Community Fact Finder tool shows that the area is considered "deficient" of park space, meaning there are no nearby parks for area residents. Additionally, the area's median income is below the program's low-income threshold of 80 percent of the statewide average, and is therefore considered a Severely Disadvantaged Community by those standards. The guidelines and scoring rubric for the grant favor low-income and park deficient areas, and staff believes the park site is the strongest candidate possible, more so than the already awarded Caldwell Park area was in 2019. For the grant, the staff will propose the construction of a new large neighborhood park and recreation facility known as the Panorama Field House. The project will include park amenities such as trails, landscaping, playground, parking and more. The Field House is conceptually planned to be approximately 20,000 square feet of gym space (enough to accommodate two basketball courts) and 5,000 square feet of classroom, restroom, storage, and reception space. This project will address the service area gap in the northwest quadrant, and address the critical lack of gymnasium space outlined in the Parks, Trails, and Open Space Master Plan. Providing recreational opportunities for the residents of the Lake Boulevard area will provide future jobs and economic investment into one of Redding's Severely Disadvantaged Communities, as calculated by the California State Parks Community Fact Finder. Adequate recreational gymnasium space is one of the longstanding recreational needs within the community. The City of Redding does not currently own a gym, which is atypical for a community of its size. Historically, school facilities and joint -use agreements allowed for some City programming of gym space and reduced the need for the City to operate its own facility. Even with these partnerships, in 2004 the City's Parks, Trails, and Open Space Master Plan highlighted the need for two additional gyms, and an additional two needed by 2020. Existing school functions, scheduling conflicts, limited availability, closed campuses and sheer capacity issues have diminished the City's ability to rely on other facilities. When the City does have Report to Redding City Council September 29, 2020 Re: 4.6(b) --Resolution California Statewide Park Program Application Page 3 access to gyms, the school retains first priority and scheduling conflicts are a common occurrence, thus creating consistency issues for participants and staff. Furthermore, the current restrictions surrounding the COVID-19 pandemic have halted any shared use and no gymnasiums are available for City recreational programming. At nearly 600 kids, participation in the City's youth basketball program last year hit an all-time high. In fact, Redding Recreation turned 60 kids away due to lack of gym availability, which equates to about 1.0 percent of total participants. Providing a gymnasium with at least two basketball courts will address roughly 50 percent of the current identified need within the City. If funded, a City -owned facility would also be used for youth and adult volleyball leagues, adult basketball, Grasshopper sports, summer camps and much more. Staff anticipates generating rental revenue from AAU basketball teams, tournaments, and other uses as gym space in Redding is at a premium. The facility will also include classroom space for exercise and special interest classes. As this is a new facility, there is no internal capacity to absorb the maintenance and operating costs. The grant will not fund ongoing maintenance, nor fund a project without a long term maintenance plan. Limited development opportunity makes the prospect of a new landscape maintenance district (LMD) in the area unlikely, and there are no existing LMD's in the area into which the park could potentially be absorbed with district member approval. For these reasons, maintenance funding for the park would have to be appropriated internally. It is anticipated that construction of the facility would begin in 2023. Operations and maintenance funding would need to be budgeted for Fiscal Year 2023-2024. As previously stated, the Lake Boulevard area has limited future development opportunities and is unlikely to generate much in terms of park in -lieu fees. Though, the nearby Kennett Court development, a recently approved affordable housing development, is currently under construction with approximately 160+ new multifamily units expected in the next few years. The project will generate park development funds that could be used for match, in addition to strong trends in park development fees throughout the City. These new residences are in addition to the 1,650 residents currently living within the park service area (0.5 mile of the site). At its September 9, 2020, meeting, the Community Services Advisory Commission unanimously recommended that the Council approve the filing of the grant application. The application is due December 14, 2020, and involves extensive community input as required by the grant program. During the public engagement process, it is typical for residents to bring new ideas and concepts to the table that will best fit the community's needs. The process requires at least five public meetings to establish park needs and begin to develop the basic park feature selection and conceptual placement. Staff has experience with this framework, having followed the same guidelines during the planning phase for the Caldwell Park Expansion project. The process will conform to current COVID-19 health guidelines. Potential meeting strategies include online meetings, live and interactive broadcasts, socially distanced or independent site walks, and online polling. The state is issuing guidance on public engagement and staff will incorporate those strategies while meeting local guidelines to provide the best outcome for the current circumstances. Council Priority/City Manager Goals • Economic Development — "Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage Report to Redding City Council September 29, 2020 Re: 4.6(b) --Resolution California Statewide Park Program Application Page 4 investment in the community." • Government of the 21st Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." Attachments Resolution Panorama Park Site Map Panorama Field House Concept Panorama Park Service Area RESOLUTION NO 2020- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM. GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Redding hereby approves the filing of an application for the Panorama Park Project; and 1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project if the grant is awarded; and 2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project; and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and 4. Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and 6. Will consider promoting inclusion per Public Resources Code § 80001(b)(8 A -G). I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a regular meeting of the Redding City Council on the 6th day of October, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: PAMELA MIZE, City Clerk ADAM McELVAIN, Mayor BARRY E. DeWALT, City Attorney N GIS DIVISION SITE MAP MTG. DATE: INFORMATION TECHNOLOGY DEPARTMENT W+ E DATE PRODUCED: ITEM: AUGUST 4, 2020 PANORAMA PARK SITE S 0 200 400 Feet 900 & 950 LAKE BLVD AP# 113-120-011 & -012 ATTACHMENT: P:\Parks\ProProjects\PanoramaParkSite.aprx C IT Y OF REMDINO�" AN CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: June 4, 2024 FROM: Travis Menne, Director of ITEM NO. 4.6(a) Community Services ***APPROVED BY*** A� revYCverc+mow Trouts c razae, ilarec r r ttzntrt rtcti c r'rre Leve ', s er 5/29/2024 tmenne(a)cityofredding.org btippin@cityofredding.org SUBJECT: 4.6(a) --Ratify Extreme Heat Community Resilience Program Grant Application for Panorama Park Recommendation Approve and ratify the City of Redding as an applicant to the Extreme Heat and Community Resilience Program in the amount of $2 million to build heat -resilient play infrastructural elements at Panorama Park; and authorize the City Manager, or his designee, to execute the grant agreement and all subsequent grant documents, if the grant is awarded. Fiscal Impact The grant application requested $2 million to build heat -resilient play infrastructural elements at Panorama Park. This is a reimbursement grant with no required matching funds. Accepting the grant and building the water play features will require future maintenance funding of approximately $20,000 annually. Future maintenance costs would have to be added to the operations and maintenance funding figures previously considered by City Council (Council) at its October 6, 2020, meeting. These figures are based on the additional staff time required to clean and maintain the structure as well as routine repairs and upkeep typical for the City of Redding's (City) existing splash pad, Fantasy Fountain at Enterprise Park. Alternative Action The Council could decline to ratify the grant application. In this case, staff would withdraw the application and it would not be considered for funding. The Council could also provide staff with alternate direction. Background/Analysis The Governor's Office of Planning and Research administers the Extreme Heat and Community Resilience Program (EHCRP). This grant program funds and supports local, regional, and tribal efforts to reduce the impacts of extreme heat. The EHCRP aims to address extreme heat and reduce the urban heat island effect. Extreme heat interventions such as providing shade, promoting evaporative cooling, and offering public education can reduce the harm of extreme heat on California's communities. Report to Redding City Council May 29, 2024 Re: 4.6(a) --Ratify EHCRP Grant Application Page 2 During community outreach staff received many requests for shade structures to make traditional play infrastructure usable during the hottest months of the year as well as water play infrastructure to help residents remain cool during the hottest months of the year. The application requested $2 million in grant funding to build a splash pad and additional shade structures to keep the park usable year-round. Developing this facility allows the public to have a free way for children and families to remain cool and active during the summer months and bolsters the quality of life for residents in the northwest quadrant of the City. Staff submitted the grant application on May 7, 2024, and awards will be announced in Summer 2024. Environmental Review On June 22, 2021, the Planning Commission (Commission) adopted the Mitigated Negative Declaration and the Mitigation Monitoring Programs and approved the Panorama Park Project, thereby satisfying the requirements of the California Environmental Quality Act Guidelines §15074. At this meeting, the Commission also approved Site Development Permit SDP -2021- 00785, General Plan Amendment GPA -2021-0786, and Rezoning Application RZ-2021-0787. No further actions are required at this time. Council Priority/City Manager Goals • Government of the 21st Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today." • Economic Development — "Facilitate and become a catalyst for economic development in Redding to create jobs, retain current businesses and attract new ones, and encourage investment in the community." Attachments Previous Staff Report - October 6, 2020, Item 4.6(b) Grant Application State of California Governor's Office of Land Use and Climate Innovation l400l0mStreet. Sacramento, California, 958l4 December 5, 2024 Travis Menne hmennne@}cUyofredding.org RE: Award Notification - Extreme Heat and Community Resilience Program Round 1, Large Implementation Grant Award, City ofRedding, City ofRedding Panorama Park SpmyAmond Dear Travis Menne and partners, The Governor's Office of Land Use and Climate Innovation is pleased to inform you that City of Redding hos been selected as o Round l Grantee for the Extreme Heat and Community Resilience Program award of$l'995.OUOl0for the project Ci1yofRedding Panorama Park Sprayground. The Extreme Heat and Community Resilience Program funds planning and implementation projects 1omifigoiethoimpmcbofexnameheot.TheProgromwiUboi|d frameworks for change and invest inlocal, regional, and tribal projects thotstnsngthen communities that are vulnerable to extreme hoot Congratulations on your successful application! In the coming weeks, staff from the Extreme Heat and Community Resilience Program (EHCRF will schedule a kickoff meeting to discuss and address any outstanding issues identified by sta and an interagency review panel, as well as to finalize the partnership and grant agreement. Grantees and Partners will need to work closely and collaboratively with staff to address all iss prior to grant execution. Please note, this is a preliminary award, and LCI reserves the right to rescind or make changes to awards before the agreement is executed. This award is conting on the execution of a grant agreement. VVeask that you keep the awards on publicly onour website. Welook forward |oour partnership in contact Braden Kay, EHCRPProgram Prado, EHCRPSenior Adaptation and Sjnoenek/' 5mmAssefa Director, Governor's Office ofLand Governor's Office of Land Use & Climate Innovation 14UOTenth Street Sacramento, CA95814 enfconfidential until LCI rs.|rYoWnave an |onner, SEE ^'~'~' r ondKe| State of California Governor's Office of Land Use and Climate Innovation 1400 101h Street. Sacramento, California, 95814 lci.ca.gov Governor's Office of Land Use & Climate Innovation 1400 Tenth Street Sacramento, CA 95814 Docusign Envelope ID: D9AA8E1F-69139-493F-131C2-360689022118 D: 0650-SPPD24147 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if Applicable) STD 213 (Rev. 04/2020) SPPD24147 LCI -0650 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Governor's Office of Land Use and Climate Innovation, hereinafter referred to as STATE CONTRACTOR NAME City of Redding, hereinafter referred to as GRANTEE 2. The term of this Agreement is: START DATE May 30, 2025 THROUGH END DATE December 31, 2027 3. The maximum amount of this Agreement is: $1,995,000.00 [One Million, Nine Hundred Ninety -Five Thousand Dollars and Zero Cents] 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. Exhibits Title Pages Exhibit A Scope of Work 8 Exhibit B Budget Detail and Payment Provisions 4 Exhibit C General Terms and Conditions 3 Exhibit D Special Terms and Conditions 12 Exhibit E EHCRP Guidelines 1 Exhibit F Award Letter 1 Exhibit G Grant Application and Attachments 10 items snown wan an asterlSK (A], are nereny mcorporatea ny rererence ana maae part or mis agreement as it attacnea nereto. These documents can be viewed at https:/lwww.das.cae ova IOLSIResources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Redding CONTRACTOR BUSINESS ADDRESS CITY STATE ZIP 777 Cypress Ave. Redding CA 196001 PRINTED NAME OF PERSON SIGNING TITLE Barry Tippin City Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED Page 1 of 2 Docusign Envelope ID: D9AA8E1F-69139-493F-131C2-360689022118 D: 0650-SPPD24147 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT AGREEMENT NUMBER PURCHASING AUTHORITY NUMBER (if Applicable) STD 213 (Rev. 04/2020) SPPD24147 LCI -0650 STATE OF CALIFORNIA CONTRACTING AGENCY NAME Governor's Office of Land Use and Climate Innovation CONTRACTING AGENCY ADDRESS CITY STATE ZIP 1400 Tenth Street Sacramento CA 95814 PRINTED NAME OF PERSON SIGNING TITLE Abby Edwards Senior Deputy Director, SPPD CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) SCM Vol 1. 4.04 (A)(4) Page 2 of 2 Docusign Envelope ID: D9AA8E1F-69139-493F-131 C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round 1 Grant Number: SPPD24147, City of Redding Exhibit A: SCOPE OF WORK 3 1. Purpose of the Agreement 3 2. The Project is Defined by the Application and Award Letter 3 3. Grant Term 3 4. Authorized Signatories 3 5. Party Representatives 4 6. Grantee Responsibilities 4 7. Document Submission 5 8. Reporting Requirements 5 9. No Work Outside the Project Area 6 10. Conditions for Beginning Work 6 Exhibit B: Budget Detail and Payment Provisions 9 1. Fiscal Administration and Payment 9 2. How to Submit Invoices 9 Invoice Dispute Budget Contingency Clause Payment Provisions Travel Reimbursement Work Plan and Budget Modifications 8. Amendments Exhibit C, General Terms and Conditions 10 10 10 11 11 12 13 1. Approval 13 2. Amendment 13 3. Assignment 13 4. Records Retention 13 5. Audit and Accounting 13 6. Indemnification 14 7. Disputes 14 8. Independent Grantee 14 9. Non -Discrimination Clause 14 10. Timeliness 15 11. Governing Law 15 12. Unenforceable Provision 15 13. Revenue 15 Exhibit D, Special Terms and Conditions 16 1. Compliance with Laws and Regulations 16 2. Subcontractors and Partners 16 3. No Third -Party Beneficiaries 16 4. Project Monitoring and Oversight 16 5. Dispute Resolution 17 6. Termination 18 7. Waiver of Rights 19 8. Insurance Requirements 19 9. Stop Work 20 10. Remedies of Nonperformance 20 11. Publicity 20 12. Drug -Free Workplace Certification 22 13. Americans with Disabilities Act 22 14. Air/Water Pollution Violation Certification 22 15. Payee Data Record Form - STD 204 23 16. Equipment 23 17. Infrastructure 24 18. Debt Security 24 19. Force Majeure 24 20. Expatriate Corporations 25 21. Corporation Qualified to do Business in California 25 22. Self -Dealing and Arm's Length Transactions 25 23. Relocation 25 24. Child Support Compliance Act 25 Page 1 Exhibit A: Scope of Work Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program Grant Number: SPPD24147, City of Redding 25. Environmental Justice 26. Union Organizing - Round I 25 26 27. Prevailing Wages and Labor Compliance 26 Exhibit E, EHCRP Guidelines 28 Exhibit F, Award Letter 29 Exhibit G, Grant Application 30 Attachment 1: Authorized Signatory Form 31 Attachment 2: Work Plan 33 Attachment 3, Budget Detail Worksheet 35 Attachment 4, Invoice 36 Attachment 5, Invoice Dispute Notification 38 Page 2 Exhibit A: Scope of Work Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Exhibit A: SCOPE OF WORK 1. Purpose of the Agreement The purpose of this agreement, which includes Standard Agreement form 213 (STD 213), and all exhibits and attachments (collectively referred to as "Grant Agreement") is to memorialize the terms and conditions related to the Governor's Office of Land Use and Climate Innovation (LCI) award of grant funds to the City of Redding ("the Grantee"). The EHCRP funds local, regional, and tribal planning and implementation projects to mitigate the impacts of extreme heat or the urban heat island effect. The EHCRP is administered by LCI. The Grant Agreement will be executed between the Grantee and the LCI, which collectively are referred to as "Parties." "Co - applicants", "Contributors", and "Supporters" identified in the EHCRP Application are referred to as "Partners" in this Agreement but are not parties to it. (See Exhibit A, Section 6Q, for requirements regarding partnership agreements for Grantees and Partners.) For fiscally sponsored projects: the Grantee is understood to be the Fiscal Sponsor for the purposes of this agreement, acting on behalf of the sponsored project. 2. The Project is Defined by the Application and Award Letter LCI released the final EHCRP Guidelines for this Grant Agreement on April 5, 2024 (hereafter, "the Grant Guidelines" or "the Guidelines") (Exhibit E). In accordance with the Guidelines, Grantee submitted its application ("Application") (Exhibit Q) by May 7, 2024. LCI awarded a grant to fund the project described in the Application, subject to any conditions contained within the Award Letter (Exhibit F). This project, described in the Application and Award Letter, will be referred to as the "Project" throughout this Grant Agreement. The Guidelines, the Application, and the Award Letter are hereby incorporated into this Agreement. 3. Grant Term The term of this Grant Agreement will commence on the date that all parties have signed the Grant Agreement on page one of the Standard Agreement (STD 213) and will conclude upon completion of the Project and payment of the last invoice, unless otherwise terminated pursuant to this Agreement (hereafter referred to as "Grant Term"). All work outlined in the Project must be completed within thirty months of executing the Grant Agreement. Submit last invoice by end of month 30. 4. Authorized Signatories The LCI Director or designee is authorized to sign this Grant Agreement and related documents on behalf of the LCI. Grantee's Authorized Signatory or designee is authorized to sign this Grant Agreement and grant -related documents as shown in the Authorized Signatory Form (Attachment 1). Page 3 Exhibit A: Scope of Work Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Grantee must keep Authorized Signatory Forms up to date. Within seven (7) working days of any change to the authorized signatory or to the delegated authorized signatory, Grantee shall notify LCI in writing of the change. The written notice shall be sent as an electronic mail (email) attachment to be filed with the Grant Agreement. 5. Party Representatives The Party Representatives are the primary contacts for the LCI and Grantee. The Party Representatives during the Grant Term are: LCI Name Title Phone Number Email Dr Braden Kay Grant Manager (279) 228 - 6133 braden.kay@lci.ca.gov Grantee Name Title Phone Number Email Grantee Primary Director of tmenng@cit ofreddin ,or , Contact: Community Travis Menne, Services, Imancabelli@cityofredding.org Leah Mancabelli Project Coordinator Budget Lead: Project ckincaid@cityofredding.org Chanel Kincaid Coordinator Authorized Signatory: City Manager btippin@cityofredding.org Barry Tippin LCI and Grantee must keep the Party Representative (s) up to date. Any changes to the Party Representatives by either Grantee or LCI shall be made by providing notice within seven (7) working days of the change to the other party. The written notice shall be sent as an email attachment to be filed with the Grant Agreement. 6. Grantee Responsibilities LCI will notify the Grantee when work may proceed. Grantee is responsible for: A. Using grant funds only as set forth in the Project and within the specified timelines set forth in this Grant Agreement. B. Completing work on time and within budget. This includes meeting all milestones and deliverables, as described in and in accordance with the Work Plan (Attachment 2), unless otherwise agreed to by all parties through the amendment process described in Exhibit B, Section 8. C. Submitting invoices for reimbursement pursuant to Exhibit B, Section 2 and using the Invoice template. The Invoice Template will be provided during Invoice Training, and a sample is included in Attachment 5. D. Meeting all reporting requirements as set forth in Exhibit A, Section 8. Page 4 Exhibit A: Scope of Work Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding E. Complying with all applicable statutes, rules, and regulations. F. Maintaining an accounting system that accurately reflects all fiscal transactions and provides accounting information, retaining all records and required documents as specified in Exhibit Q, Section 4, and providing all required documents during an audit, as specified in Exhibit Q, Section 5. G. Entering into a partnership agreement with Co -Applicants) and Contributor(s), if any, and ensuring that the agreement is maintained throughout the Grant Term. The partnership agreement must: I)outline the respective obligations of the Grantee and its Partners throughout the Grant Term to implement the Project, 2) include commitments from the Grantee and the Partners that they will implement their respective obligations, 3) require co -applicants and contributors to provide copies of all documentation of actions taken related to the Project to the Lead Applicant for retention in compliance with the requirements specified in , Exhibit C, Sections 4 and 5, and 4) include information about how the partners will make decisions and resolve disputes. H. Any other obligations set forth in this Grant Agreement. 7. Document Submission A. Electronic Mail When this Grant Agreement requires Grantee to give invoices, reports, or other documents to the LCI, Grantee must use email and, if available, the LCI - provided online submission platform and unless this Grant Agreement specifically requires that the document be sent by mail. All emails must contain the Grant Agreement number and Grantee's name in the subject line. B. Grantee acknowledges that submissions to LCI may be subject to the California Public Records Act. For tribal grantees, program staff will consult on alternative methods for information sharing to address any concerns. 8. Reporting Requirements A. Check -ins i. Grantee must participate in regular check-in meetings with EHCRP staff and report on Project progress toward meeting High Level Tasks identified in the Work Plan along with any Performance Metrics and Timeliness related to that progress. The Grantee's check-in meeting schedule will align with the invoicing frequency set forth in Exhibit B, Section 2. The Grantee must participate in no fewer than two check-in meetings per year. Grantee's attendance and participation at scheduled check -ins are a material part of this Agreement." B. Progress Reports i. Grantee will submit progress reports as specified in the grant guidelines. Grantee must use the templates that will be made available to grantees via Grantee's attendance and participation at scheduled check -ins are a material part of this Agreement. the program's SharePoint. The progress reports must contain documentation of the work performed and should discuss how that work relates to specific deliverables outlined in the Work Plan (Attachment 2) and the Budget Detail Worksheet (Attachment 4). Page 5 Exhibit A: Scope of Work Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Grantee will submit a mid-term progress report to LCI half -way through the Grant Term at a date to be included in the Work Plan (Attachment 2) and using a template that will become available through the program's SharePoint folder. The mid-term progress report will track the work completed during the first half of the Grant Term and should include the following information: a. Outline of all activities taken pursuant to the Work Plan (Attachment 2lw and the outcomes of each activity. b. Meetings and actions taken by the Grantee. c. An accounting of the expenditures made by the Grantee d. Feedback on the implementation process for EHCR program staff including barriers, challenges, and opportunities. iii. When the Project is completed, Grantee must submit a Final Report. To complete and submit the Final Report: a. Submit the Final Report with the last invoice. If Grantee does not submit the Final Report with the last invoice, then the last invoice will be considered incomplete and returned following the process specified in Exhibit D, Section 5A. b. Use the Final Report Template, which will be available in the program's SharePoint folder. c. Sign the Final Report. Make sure the Final Report is signed by the person authorized to sign on the most current Authorized Signatory Form (Attachment 1). d. Include details in the Final Report. Put enough detail in the Final Report to show that Grantee completed the Project and fulfilled the terms of the Grant Agreement and that both the last invoice and the five percent (5%) retention should be paid for completing the Project. C. Additional Reporting Requirements i. Grants that are funded by the Greenhouse Gas Reduction Fund (GGRF) funds must comply with all GGRF reporting requirements. 9. No Work Outside the Project Area A. The "Project Area" shall be defined as the area boundary for the Project, as identified in application (Exhibit G) and workplan (Attachment 2). Invoices submitted need to reflect that work has occurred on the project area (Exhibit Q). B. No work outside the Project Area will be reimbursable through this agreement. LCI disclaims any representations, express or implied, that any work outside the Project Area that was not approved as part of the Application is or will be funded by the EHCRP. Grantee waives any claims against LCI related to such work. 10. Conditions for Beginning Work A. Readiness Requirements a. Conditions for beginning work apply to all projects proposing physical infrastructure, nature -based solutions, or other modifications to a property. Grantee must ensure that the Project meets all readiness requirements Page 6 Exhibit A: Scope of Work Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding prior to expending any direct project costs ("Direct Costs"). For the purposes of the Conditions for Beginning Work Section (Exhibit A, Section LOA), Direct Costs are defined as expenses directly tied to physical items necessary for implementation. Examples of Direct Costs may include, but are not limited to, the purchase of tangible construction and installation materials. b. Indirect costs ("Indirect Costs") that support project readiness are allowed during the first six months. For the purposes of the Conditions for Beginning Work Section (Exhibit A, Section I OA) of this agreement, Indirect Costs are not directly tied to grant -funded tasks related to the construction or modification of physical infrastructure. Examples of Indirect Costs may include, but are not limited to, programmatic activities such as research and community outreach, personnel costs for administrative, supervisory, legal, or executive staff, and expenses for support units such as clerical support and housekeeping. c. Readiness requirements include: CEQA compliance documentation if applicable. A demonstration of site control. For Projects where the Grantee or one of its partners does not own the site, the Grantee must provide evidence of a legally binding commitment of the site owner(s) to transfer ownership or allow the Grantee and/or its partners to access the site as needed for the purposes of implementing the Project. iii. Documentation of all permits required to implement the Project. A list of all permits required to implement the Project must be included in the Work Plan included with this Agreement in Attachment 2. iv. Documentation of any other pre- implementation requirements identified in the Work Plan (Attachment 2). d. Grantee must demonstrate readiness within the first 6 months of the Grant Term. Readiness will be assessed and approved independently for each project. e. LCI has sole discretion to determine when the Grantee has demonstrated readiness for the Project. The Grantee and its partners may only expend Direct Costs on the Project once Grantee receives written notice from LCI. f. LCI will provide written notice regarding the readiness status of each Project in a Readiness Memo. The Readiness Memo will be updated as the Grantee submits additional readiness documentation. B. Failure to meet Readiness Requirements a. If Grantee fails to meet all required readiness requirements within the 6 months of the Grant Term will be, the project will be deemed infeasible and ineligible for reimbursement, unless LCI gives written approval to extend the timeline to meet the readiness requirements. b. Grantee may petition LCI for approval to extend the deadline to meet readiness requirements by submitting a written petition to LCI no later than one month prior to the readiness deadline. The written petition shall Page 7 Exhibit A: Scope of Work Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding include information detailing the actions the Grantee and its partners have taken up to this point to attempt to meet the readiness deadline, the reason(s) that it is not feasible for the Grantee and its partners to meet the readiness deadline, and how much additional time is needed for the Grantee to fulfill all remaining readiness requirements. c. If the Project is deemed infeasible and ineligible for reimbursement, Grantee may not allocate Project funds to any different project without written LCI approval. C. CEQA Readiness Requirements a. Grantee is responsible for complying with all applicable laws and regulations for the Project, including the California Environmental Quality Act (CEQA) (PRC § 21000 et seq.) if applicable. Documentation of CEQA compliance must be provided to LCI to establish readiness prior to Project implementation. b. The following documentation is acceptable to demonstrate CEQA compliance: Documentation for projects to which CEQA does not apply 1. A signed letter or similar document from the head of the administrative approving entity (e.g., Planning Director) of the lead agency stating that CEQA does not apply to the Project and the basis for that determination. Documentation for projects that are categorically or statutorily exempt 1. A CEQA Notice of Exemption (NOE) that has been approved by the appropriate body pursuant to their obligations under CEQA; or 2. Other documentation confirming that the project is exempt from CEQA, including but not limited to: a. A resolution adopted by the legislative body of the lead agency (e.g., City Council, Board of Supervisors) confirming a project's exemption. If a resolution or similar mechanism is not available or does not exist, meeting minutes documenting the legislative body's consideration and approval of the project's CEQA compliance may be submitted. b. A signed letter or similar document from the head of an administrative approving entity (e.g., Planning Director) of the lead agency. iii. Documentation for all other projects subject to CEQA 1. A file -stamped Notice of Determination D. Although not required to establish readiness for Project implementation, Grantee must inform LCI if any legal claims are filed challenging any of the approvals for the Project, including CEQA approvals, within 3 business days of service of the complaint. Page 8 Exhibit A: Scope of Work Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Exhibit B: Budget Detail and Payment Provisions 1. Fiscal Administration and Payment A. The Grantee is responsible for maintaining records that fully disclose its activities to implement the Project. Adequate documentation for each reimbursable transaction shall be maintained to permit the determination, through an audit if requested by the LCI, of the accuracy of the records and the eligibility of the expenditures charged to EHCRP grant funds. If the eligibility of the expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed. B. To receive payments of grant funds, Grantee must submit to LCI the documentation listed in Exhibit B, Section 2. LCI agrees to reimburse Grantee for actual costs incurred for work performed, in accordance with the rates specified in the Budget Detail Worksheet (Attachment 4). C. LCI will withhold five percent (5%) of each invoice, to be paid once all terms of the Grant Agreement have been satisfied. D. Payment shall be made within forty-five (45) days of receipt and approval of an invoice. Failure to comply with requirements may result in non-payment or delayed payment. E. For additional payment principles, see Exhibit B, Section 5. F. LCI does not currently have infrastructure to support administering advance payments. At its election, LCI may offer an advance payment process to Grantee through an amendment to this Agreement. 2. How to Submit Invoices A. Grantee must email the Invoice (PDF) to AccountsPgygbie Oct QPR.QAQQV and copy the Grant Manager and Senior Planner identified by LCI in Exhibit A, Section 5 on the email as well. The email must include the Grant Agreement number and Grantee's name in the subject line. Grantee shall submit invoices at least quarterly but no more frequently than monthly to the Grant Manager unless specified otherwise. A request for payment shall consist of: i. The Invoice on official letterhead and signed by the Authorized Signatory or authorized designee specified in this Agreement (Exhibit A, Section 3), certifying the expenditures are for actual expenses for the tasks performed under this Grant Agreement. While an example of the Invoice Template will be provided during training, a sample is included in Attachment 5. ii. Each cost category and task must correspond to a cost category and task identified in the Budget Detail Worksheet (Attachment 4). Supporting documentation for all itemized costs. Documentation may include but is not limited to: copies of purchase orders, receipts, subcontractor invoices, and timesheets. These items must contain sufficient information to establish that the specific service was rendered, or purchase was made. a. Supporting documentation should be clearly labeled by task. b. Records documenting time spent performing the work shall identify the individual, the date on which the work was performed, the specific grant - related activities or objectives to which the individual's time was devoted, the hourly rate, and the amount of time spent. Page 9 Exhibit B, Budget Detail and Payment Provisions Docusign Envelope ID: D9AA8E1F-6989-493F-B1 C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round 1 Grant Number: SPPD24147, City of Redding B. Supporting documentation (e.g., timesheets, activity logs, cancelled checks) for matching funds does not need to be submitted to LCI but should be retained by Grantee in the event of an audit (Exhibit C, Section 5). C. At any time, LCI may request hard copies of invoices, reports, supporting documentation, and evidence of progress. 3. Invoice Dispute In the event of an invoice dispute, see Exhibit Q, Section 5. 4. Budget Contingency Clause A. If the Budget Act of the current year and/or any subsequent years covered under this Grant Agreement does not appropriate sufficient funds for the program, this Grant Agreement shall have no further force nor effect. In this event, LCI shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement, and Grantee shall not be obligated to perform any provisions of this Grant Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, LCI shall have the option to either cancel this Grant Agreement or offer an amendment to reflect the reduced amount. In the event that LCI cancels the Grant Agreement, LCI shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant Agreement, and Grantee shall not be obligated to perform any provisions of this Grant Agreement. 5. Payment Provisions A. All costs to be reimbursed must be consistent with the Guidelines and the Project (Exhibit E). B. Partners must invoice Grantee before Grantee submits an invoice to LCI. All payments will be issued to the Grantee, who will be responsible for disbursing payment to Partners. All invoices submitted by Partners to the Grantee must be contain sufficient information for Grantee to be able to invoice LCI in accordance with Exhibit B, Sections 1 and 2. C. All costs to be reimbursed must be reasonable, as defined below: A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. In determining reasonableness of a given cost, consideration must be given to: i. Whether the cost is of a type generally recognized as ordinary and necessary for the operation of the entity or the proper and efficient performance of this Agreement. The restraints or requirements imposed by such factors as: sound business practices; arm's-length bargaining; federal, state, local, tribal, and other laws and regulations; and terms and conditions of this Agreement. iii. Market prices for comparable goods or services for the geographic area. Page 10 Exhibit B, Budget Detail and Payment Provisions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding iv. Whether the Grantee or Partner acted with prudence in the circumstances considering their responsibilities to their employees, the public at large, and the state. v. Whether the cost significantly deviates from the acquiring entity's established practices and policies regarding the incurrence of costs. ii. LCI has the sole discretion to determine if a cost is reasonable. Any costs that do not meet the requirements above may not be reimbursed by the State. The Grantee may file a Dispute to contest LCI's determination as set forth at Exhibit D, Section 5. D. Indirect Costs exceeding twenty percent (20%) of the total grant award are not eligible for reimbursement, as defined in the Guidelines. E. LCI will reimburse Grantee only for actual expenses incurred during the term of this Grant Agreement, as specified in the Budget Detail Worksheet (Attachment 4). 6. Travel Reimbursement Travel expenses directly related to the performance of this Grant Agreement will be subject to the State of California travel reimbursernent rates in effect during the Grant Term. A. LCI will only reimburse for actual expenditures incurred for in-state travel with the exception of incidental costs, which are not reimbursable. B. Grantee shall maintain, and submit upon request, detailed travel records and supporting documents (e.g., travel request and approval forms, expense claims, invoices, and receipts for lodging and transportation) showing the date and purpose of the grant -related travel, destination, and, in the case of travel by automobile, the number of miles driven. C. Grantee shall ensure travel costs are included in the Budget Detail Worksheet (Attachment 4) and are tied to tasks and deliverables in the Work Plan (Attachment 2). D. Grantee and any person traveling pursuant to this Grant Agreement indemnifies and holds harmless LCI and the State of California for any liabilities resulting from such travel. 7. Work Plan and Budget Modifications A. Grantee must keep the Work Plan (Attachment 2) and Budget Detail Worksheet (Attachment 4) up to date as specified in this Section and Exhibit B, Section 8. B. Changes of up to twenty percent (20%) of the cost description outlined in the Budget Detail Worksheet (Attach merit 4) shall be made by providing a written request to LCI before submission of the affected invoice and shall be effective upon written approval from the Grant Manager. Total costs cannot exceed the maximum grant fund amount set forth in this Agreement. Once effective, the change shall be deemed incorporated into the Grant Agreement. C. Moderate changes to deliverable due dates and minor changes to subtask descriptions in the Work Plan (Attachment 2) shall be made by providing a written request to LCI before submission of the affected invoice and shall be Page 11 Exhibit B, Budget Detail and Payment Provisions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding effective upon written approval from the Grant Manager. Once effective, the change shall be deemed incorporated into the Grant Agreement. Once effective, the change shall be deemed incorporated into the Grant Agreement. D. Material changes to the Work and Budget shall follow the amendment process, specified in Exhibit B Section 8. Material changes include: i. Cost changes of more than twenty percent (20%) between cost descriptions in the Budget Detail Worksheet ii. Elimination or alteration of tasks or deliverables iii. Significant changes to deliverable due dates iv. Change in Partners, see Exhibit A, Section 1. v. Other changes deemed material by the Grant Manager 8. Amendments A. This section applies to all amendments to this Grant Agreement, except for the following: Changes to the Authorized Signatory Form (Attachment 1). For changes to the Authorized Signatory Form see Exhibit A Section 3. ii. Changes to Party Representatives as set forth in Exhibit A, Section 4. iii. Non -Material changes to the Work Plan and Budget Detail Worksheet as set forth in Exhibit B, Section 7. B. For all other amendments, Grantee must request and obtain prior written approval before any amendment to this Grant Agreement is valid. C. Request for amendments must: i. Be prepared, in writing, on official letterhead and signed by the Authorized Signatory or designee for Grantee. ii. Be submitted to the Grant Manager at least two (2) months prior to when the amendment is needed. iii. Include the Grant Agreement number, a detailed explanation of the proposed amendment, reason for the proposed amendment, and the effect of not approving the request. iv. Include a copy of the documents) requested for amendment that shows the requested changes. D. The Grant Manager will make reasonable efforts to respond in writing within fifteen (15) working days from receipt of request to approve or deny the request for amendment, including the reason for the decision. E. The Grant Manager will make reasonable efforts to process amendments within thirty (30) days of the approval date. The amendment will not be in effect until both Parties' Authorized Signatories or designees have signed the Grant Agreement amendment. Page 12 Exhibit B, Budget Detail and Payment Provisions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Exhibit C, General Terms and Conditions 1. Approval This Grant Agreement is of no force or effect until signed by both Parties. Grantee may not commence performance until such approval has been obtained. 2. Amendment No change to this Grant Agreement shall be valid unless made in accordance with Exhibit B. No oral understanding or change not incorporated in this Grant Agreement is binding on any of the Parties. 3. Assignment This Grant Agreement is not assignable by Grantee, either in whole or in part, without the consent of LCI in the form of an amendment. 4. Records Retention A. Grantee shall establish an official file containing adequate documentation of all actions taken with respect to the Project, including copies of the Grant Agreement, changes, amendments, letters, email correspondence, invoices, financial records, and reports and other documentation for a minimum of four (4) years following the final payment of funds or until completion of any action and resolution of all issues which may arise as a result of an audit, whichever is later. Grantee further agrees to require co -applicants (see Exhibit A, Section 6Q for partnership agreement requirements) and subcontractors to provide copies of all documentation of actions taken related to the Project to the Grantee for retention in compliance with this section. B. Grantee shall adequately protect all records, physical and electronic, from loss, damage, or destruction during the four (4) year retention period. C. Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the Work Plan (Attachment 2) and Budget Detail Worksheet (Attachment 4). Separate bank accounts are not required. Grantee must maintain financial records of expenditures in accordance with generally accepted accounting principles. D. Grantee must maintain documentation of its normal procurement policies and procedures. 5. Audit and Accounting A. Grant funded projects are subject to audit by the State of California during the grant term and for up to four (4) years following the termination of the Grant Agreement. Grantee agrees that LCI, the Department of Finance, the Bureau of State Audits, or their designated representative (s) shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Grant Agreement. The audit may consist of examining and auditing pertinent books, documents, papers, and records including financial transactions and supporting documents, general accounting systems, internal controls, management practices, policies, and procedures pertaining to the performance of this Grant Agreement. Grantee shall be given advance notice when the grant -funded Project is selected for an audit or review by LCI, the Page 13 Exhibit C, General Terms and Conditions Docusign Envelope ID: D9AA8E1F-6989-493F-B1 C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round 1 Grant Number: SPPD24147, City of Redding Department of Finance, the Bureau of State Audits, or their designated representative (s). Grantee agrees to allow the auditor(s) access to such records during normal business hours, excluding State of California holidays, and to allow interviews of any employees who might reasonably have information related to such records. B. Grantee further agrees to comply with Government Code section 8546.7 in its interactions with co -applicants and subgrantees and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in Public Contract Code section 101 15.10. C. Partners and subcontractors of the Grantee who are paid with grant funds under the terms of this Grant Agreement shall be responsible for maintaining accounting records as specified above. Grantee shall include a term in all contracts to that effect. 6. Indemnification Grantee agrees to indemnify, defend, and hold harmless the State of California, its officers, agents, and employees from any and all claims and losses accruing or resulting to any and all Grantees, partners, 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 Grant 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 Grant Agreement. 7. Disputes Grantee shall continue with the responsibilities under this Grant Agreement during any dispute. 8. Independent Grantee Grantee, and the agents and employees of Grantee, in the performance of this Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of LCI. 9. Non -Discrimination Clause During the performance of this Grant Agreement, Grantee and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, color, ancestry, national origin, religion, creed, age (over 40), mental disability, physical disability, sex, gender (including pregnancy, childbirth, breastfeeding, or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, and military and veteran status. Grantee and subcontractors shall ensure 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 (Gov. Code, §§ 12990, subds. (a) -(f) et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2§, § 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Grant Page 14 Exhibit C, General Terms and Conditions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding 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 Grant Agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Grant Agreement. 10. Timeliness Time is of the essence in this Grant Agreement. LCI and Grantee will work collaboratively to ensure this Grant Agreement and the Project are administered in a timely fashion. 11. Governing Law This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 12. Unenforceable Provision If any provision of this Grant Agreement is unenforceable or held to be unenforceable, then the Parties agree that all other provisions of this Grant Agreement have force and effect and shall not be affected thereby. 13. Revenue All revenue generated as a part of the Project by Grantee, their partners or subcontractors must be used to further the Project to the extent reasonably possible. Grantee must keep records of revenue expenditures for audit purposes. Page 15 Exhibit C, General Terms and Conditions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Exhibit D, Special Terms and Conditions 1. Compliance with Laws and Regulations By signing this Grant Agreement, Grantee certifies that it shall comply fully with all applicable federal, state, and local laws, ordinances, regulations, and permits and shall secure any new permits required by authorities having jurisdiction over the Project(s), and maintain all presently required permits. Grantee is responsible for complying with all applicable requirements, if any, of the California Environmental Quality Act (CEQA) (Pub. Resources Code, §§ 21000 et seq.). LCI's selection of a Project for a planning grant does not foreclose appropriate consideration of alternatives or mitigation measures that would reduce or eliminate adverse environmental effects of any project during the CEQA review process. Nor does it foreclose the possibility that the project may be denied due to its significant environmental effects, if any. No work that is subject to CEQA may proceed until clearance is given by all lead and responsible agencies. 2. Subcontractors and Partners LCI 's contractual relationship is with Grantee, and not any of its Partners or subcontractors. Grantee is entitled to make use of its own staff, Partners, and subcontractors, as identified in the Budget Detail Worksheet (Attachrnent 4), and will comply with its own competitive bidding and sole sourcing requirements for subcontracts that arise out of or in connection with this Grant Agreement. Grantee shall manage, monitor, and accept responsibility for the performance of its own staff, Partners, and subcontractors, and will conduct Project activities and services consistent with professional standards for the industry and type of work being performed under this Grant Agreement. Nothing contained in this Grant Agreement or otherwise shall create any contractual relationship between LCI and any Partners or subcontractors, and no subcontract shall relieve Grantee of its responsibilities and obligations hereunder. Grantee agrees to be as fully responsible to LCI for the acts and omissions of Partners and subcontractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Grantee. Grantee's obligation to pay Partners and subcontractors is an independent obligation from LCI's obligation to make payments to Grantee. As a result, LCI shall have no obligation to pay or to enforce the payment of any moneys to any Partner or subcontractor. 3. No Third -Party Beneficiaries This Grant Agreement is not intended for the benefit of any person or entity other than the Parties, and no one other than the Parties themselves may enforce any of the rights or obligations created by this Grant Agreement. 4. Project Monitoring and Oversight A. Project monitoring and oversight is essential to ensure the Project stays within scope and is completed on schedule and within budget in accordance with this Grant Agreement. It is the responsibility of the Grantee to monitor the Project to ensure that it is completed in accordance with this Grant Agreement. Page 16 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding B. Grantee agrees that LCI has the right to visit the site of the Project described in the Application (Exhibit Q) and the Project Area (Exhibit Q). C. Grantee agrees that LCI has the right to conduct a final inspection of completed Projects, as determined by LCI. For any construction projects which require certification by the appropriate registered professional (such as a California Registered Civil Engineer or Geologist) that the Project has been completed in accordance with any final plans and specifications, Grantee must notify the LCI Grant Manager of the inspection date at least (10) working days prior to the inspection in order to provide LCI the opportunity to participate. D. The LCI Grant Manager has the right to request phone calls or in-person meetings with the Grantee's Party Representatives to discuss the progress of the Project. Grantee must work with the LCI Grant Manager to accommodate monitoring requests. 5. Dispute Resolution A. Invoice Disputes i. In the event of an invoice dispute, the Grant Manager will notify Grantee by phone and follow up in writing using the Invoice Dispute Notification Template (Attachment 6) within ten (10) working days of receipt of the disputed invoice. During the dispute, both parties shall deal in good faith to resolve the dispute. Grantee shall continue to meet its responsibilities and obligations under the terms of this Grant Agreement. iii. If Grantee contests the decision made by the Grant Manager, Grantee shall submit a written "Notice of Dispute" on official letterhead, according to Subsection C below. B. General Disputes i. In the event of a dispute unrelated to the dispute of an invoice, Grantee shall first attempt to resolve the dispute with the Grant Manager. ii. Both parties shall deal in good faith and attempt to resolve the dispute informally. iii. Grantee shall continue to meet its responsibilities and obligations under the terms of this Grant Agreement during a dispute. iv. If Grantee contests the decision made by the Grant Manager, Grantee shall submit a written "Notice of Dispute" on official letterhead, according to Subsection C below. C. Contesting a Dispute Decision i. If Grantee contests a decision made by the Grant Manager, Grantee may submit a written "Notice of Dispute" on official letterhead. The "Notice of Dispute" shall include: • The Grant Agreement number • A complete description of the basis for the dispute Page 17 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1F-6989-493F-B1 C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round 1 Grant Number: SPPD24147, City of Redding • Legal authority or pertinent facts, supporting arguments and documentation • Action requested for resolution The "Notice of Dispute" shall be sent to the following address, with copies sent via email to the LCI contacts in Exhibit A, Section 4: Governor's Office of Land Use and Climate Innovation EHCRP Attn: EHCRP Program Manager 1400 Tenth Street Sacramento, CA 95814 Within 30 days after receipt of the "Notice of Dispute," the LCI EHCRP Program Manager shall review the dispute and submit a written decision to Grantee, which shall include: • The decision made • An explanation for the decision The written dispute decision of the LCI EHCRP Program Manager is considered final and cannot be disputed further by the Grantee. 6. Termination A. Completion of Project. This Grant Agreement shall terminate upon completion of the Project and payment of the last invoice, except those provisions which survive termination. B. Early Termination. Either Party may terminate this Grant Agreement upon thirty (30) days advance written notice by certified mail to the other Party. The notice shall specify the reason for early termination and may permit Grantee or LCI to rectify any deficiency(ies) prior to the early termination date. i. Conditions of early termination: a. Upon any termination, Grantee must deliver all invoices, reports, and other deliverables required by this Grant Agreement up to the time of termination. Grantee must deliver all materials within sixty (60) calendar days of the termination date. b. Upon receipt of notice from LCI of Termination for Convenience, or upon sending the notice of early termination to LCI, Grantee shall immediately take action to ensure neither it nor any Partner or Subcontractor incur any additional obligations, costs or expenses, except as may be reasonably necessary to terminate its activities. c. LCI will examine the extent of Grantee compliance for work partially completed and reasonably determine costs eligible for reimbursement based on final invoices submitted and compliance with this Grant Agreement. ii. The rights and remedies of LCI and Grantee provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Grant Agreement. Page 18 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding 7. Waiver of Rights A. Grantee waives any and all rights to any type of express or implied indemnity or right of contribution from LCI, its officers, agents, or employees for any liability arising from, growing out of, or in any way connected with this Grant Agreement. B. Grantee waives all claims and recourses against LCI, 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 Grant Agreement, except claims arising from the gross negligence of LCI, its officers, agents, and employees. C. None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. 8. Insurance Requirements A. A Grantee that is a governmental organization may provide evidence of sufficient self-insurance to satisfy the insurance requirements below. B. If Grantee is not a governmental organization or is a governmental organization that is unable to provide evidence of sufficient self-insurance, then the following are the insurance requirements: C. Grantee must ensure the following insurance policies are obtained and kept in force for the term of this Grant Agreement, with no lapses in coverage, that cover any acts or omissions of Grantee or its employees engaged in carrying out any tasks specified in this Grant Agreement: i. Workers' Compensation Insurance in an amount of not less than the statutory requirement of the State of California (Labor Code, § 3700 et seq.). ii. Commercial general liability insurance in an amount of not less than $1,000,000 per occurrence for bodily injury and property damage combined. iii. Motor vehicle liability with limits not less than $1,000,000 per accident for bodily injury and property damage combined. Such insurance shall cover liability arising out of a motor vehicle including owned or hired, and non - owned motor vehicles. D. Insurance policies must name the State of California, its officers, agents, employees, and servants as additional insured parties for the commercial general liability and automobile liability insurance, but only with respect to work performed under this Grant Agreement. E. Grantee is responsible for guaranteeing that a copy of each Certificate of Insurance is submitted LCI within sixty (60) calendar days of the Grant Agreement signature. The grant number must be included on each submitted Certificate of Insurance. F. Grantee must notify LCI prior to any insurance policy cancellation or substantial change of policy, including lapse of coverage, change in coverage amount, or change in carrier. Grantee shall submit proof of new or updated policy based on insurance requirements within thirty (30) days of policy cancellation or substantial policy change. Failure to provide proof of insurance may result in termination of this Grant Agreement. Page 19 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding 9. Stop Work If it is determined, at the sole discretion of LCI, that Grantee is not meeting the terms and conditions of this Grant Agreement, immediately upon receiving a written notice through certified mail from LCI to stop work, Grantee shall cease all work under this Grant Agreement. LCI has the sole discretion to determine that Grantee meets the terms and conditions of this Grant Agreement after a stop work order, and to send a written notice to Grantee to resume work under this Grant Agreement. 10. Remedies of Nonperformance Grantee's failure to comply with any of the terms and conditions of this Agreement shall constitute a breach of this Agreement. LCI will give written notice to the Grantee to cure the breach or violation within a period of not less than 15 days. In addition to the other remedies that may be available to LCI in law or equity for breach of this Agreement, LCI may at its discretion exercise the following remedies: A. Undertake the dispute resolution process set forth at Exhibit Q, Section 5; B. Issue a stop work order pursuant to Exhibit Q, Section 9; C. Disqualify the Grantee from applying for future EHCRP funds or other LCI administered grant programs; D. Revoke existing EHCRP grant funds to the Grantee; E. Require the repayment of EHCRP grant funds disbursed and expended under this Agreement; F. Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the EHCRP Guidelines and this Agreement; G. Other remedies available by law, or by and through this Agreement. All remedies available to LCI are cumulative and not exclusive. 11. Publicity Grantee agrees that it will acknowledge LCI in all publications, websites, signage, invitations, and other media -related and public -outreach products related to the EHCRP. LCI staff will provide LCI logo files and guidance on their usage directly to Grantee. Grantee agrees to adhere to the Communications Kit provided by LCI (Exhibit H). If Grantee is planning an event or announcement, needs sample materials, or needs assistance or advice, Grantee shall contact the Grant Manager. A. Long -Form Materials: Long -form written materials, such as reports, must include the following standard language about LCI, EHCRP, and the Integrated Climate Adaptation and Resiliency Program (ICARP): The Extreme Heat and Community Resilience Program supports a growing practice of extreme heat relief and long-term resilience to extreme heat across California. Extreme heat will impact every county in California. However, there are many actions we can take to reduce or prevent heat -related impacts to public health, our ecosystems, and the economy. EHCRP is dedicated to supporting a statewide movement to build resilience to extreme heat through job creation, placemaking, place -keeping, and protecting and improving health outcomes of Californians who are disproportionately impacted, exposed to, or Page 20 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding at risk of harm from extreme heat. • The EHCRP is an initiative of the Integrated Climate Adaptation and Resiliency Program (ICARP) housed within the Governor's Office of Land Use and Climate Innovation. ICARP advances statewide climate adaptation and resilience by coordinating investments, partnerships and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change. Learn more: https:llopr.ca.gov/c/imate//*carp/ 0 Press Re/eases, Flyers, and Visual Materials: Any informational materials that do not qualify as long -form, but that include at least a paragraph of text, such as press releases, media advisories, short case studies, flyers, etc., must include either of the following messages: Low version "[Project Name] is supported by the Extreme Heat and Community Resilience Program at the Governor's Office of Land Use and Climate Innovation (LCI). The Extreme Heat and Community Resilience Program is an initiative of LCI's Integrated Climate Adaptation and Resiliency Program (ICARP). ICARP advances climate adaptation and resilience in California by coordinating investments, partnerships and climate science to ensure people, natural systems, and the built environment are protected, prepared, and thrive in the face of climate change. Short version: "[Project Name] is supported by the Extreme Heat and Community Resilience Program implemented by the Governor's Office of Land Use and Climate Innovation." Grantee may at times produce promotional materials that are primarily visual in nature, such as banners, signage, certain flyers, and sharable images for social media. In such cases, when including the above boilerplate language acknowledging ICARP and LCI support is not practical, Grantee should instead include the official LCI logo, preceded by the words "Funded by." B. Media Inquiries: Grantees must distribute a press release after grant decisions are presented during ICARP Technical Advisory Council (TAC) Meetings, and may be requested to present before the TAC and release communications materials for other major milestones throughout the lifecycle of the grant. All press releases must be approved by the LCI Communications and External Affairs prior to distribution and LCI must be alerted to all press events related to the grant. C. Communications Materials and Photos: Grantee shall share between 8-12 high- resolution, color photos with LCI during the Grant Term. These photos should include pictures of people involved with the Project, the Project area, and/or Page 21 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding activities conducted during the Grant Term. LCI reserves the right to use these photos across its communications platforms. D. Social media: Grantee is encouraged to use social media to share and inform the public of activities under this Grant Agreement. We are present in Linkedin, Facebook, to2gg=, Snapchat, and X. . 12. Drug -Free Workplace Certification In signing this Grant Agreement, Grantee certifies that it 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: i. The dangers of drug abuse in the workplace. ii. The person's or organization's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. C. Every employee who works on this Grant Agreement will: i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on this Grant Agreement. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement or termination of this Grant Agreement or both, and Grantee may be ineligible for award of any future State of California agreements if LCI determines that any of the following has occurred: Grantee has made false certification, or violated the certification by failing to carry out the requirements as noted above (Gov. Code, § 8350 et seq.). 13. Americans with Disabilities Act Grantee will comply 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 (42 U.S.C. 12101 et seq.). 14. Air/Water Pollution Violation Certification Under State of California laws, Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the California Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. Page 22 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1F-6989-493F-B1 C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round 1 Grant Number: SPPD24147, City of Redding 15. Payee Data Record Form - STD 204 This form must be completed by all Grantees that are not another state agency or other governmental entity. 16. Equipment A. The cost to lease equipment to use in the grant project area may be charged to the grant. Cost of leased equipment charged to the grant must be substantiated with receipts identifying equipment was leased, lease rate and total cost. B. Use of equipment owned by the Grantee but not purchased with grant funds, may be charged to the grant at a rate set by the California Department of Transportation Labor Surcharge and Equipment Rental Rate Guide. Use of Grantee equipment must be substantiated with an equipment usage log that identifies the equipment used, rate, and total rental cost. C. Purchase of equipment using grant funds is allowable only with prior approval by the LCI Grant Manager. The Grantee must provide to LCI a cost -benefit analysis to justify the cost of purchasing equipment as opposed to leasing the same equipment. i. The cost of equipment purchased shall be substantiated by purchase receipt. ii. Any equipment purchased with grant funds with LCI approval that is reimbursable as a Direct Cost of the Project must be solely owned on the title by the Grantee or Partner. iii. Each grant -funded piece of equipment must be dedicated to the same use described in proportion in scope as in the Grant Agreement, unless LCI otherwise approves in writing, for the useful life of the equipment. iv. If the owner of the grant -funded equipment determines that it no longer has need for the grant -funded equipment before the end of the equipment's useful life, the owner shall donate the grant -funded equipment to a public entity or nonprofit organization that will use the grant -funded equipment for purposes that are similar to the purpose intended in the Grant Agreement or to a public entity or nonprofit that serves the project area. V. For the duration of the useful life of each grant -funded piece of equipment, the grantee shall maintain a record identifying each piece of grant -funded equipment, the expected useful life of each item, and the ultimate disposition (disposal or donation). The requirements of this section will survive termination of this agreement. D. Grantee will assume all risk including cost for maintenance, repair, loss, destruction, and damage to all equipment until disposition of equipment. LCI may, at its discretion, repair any damage or replace any lost or stolen items and deduct the cost thereof from Grantee's invoice to the State, or require Grantee to repair or replace any damaged, lost, or stolen equipment to the satisfaction of LCI with no expense to the State. E. In the event of theft, a report must be filed immediately with the California Highway Patrol (State Administrative Manual § 8643 [Lost, Stolen, or Destroyed Property]) . Page 23 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Grantee must maintain an inventory record for grant -funded equipment purchased or built with funds provided under this Grant Agreement. In addition, items of grant -funded equipment or supplies that are prone to theft, loss, and misuse and may contain sensitive data (e.g., computers, printers, smartphones, tablets, cameras, GPS devices, etc.) must be inventoried. This equipment inventory record must be updated within mid-term reports and reports accompanying quarterly invoices, and upon request [reference reporting requirements section]. 17. Infrastructure A. Grantee must ensure all necessary rights of way, property ownership, or leases have been secured prior to construction for at least the useful life of the Project. Purchases of all real property required for the Project must be free and clear of liens, conflicting easements, obstructions, and encumbrances. Any property acquisition by Grantee must not involve eminent domain proceedings or threat of eminent domain proceedings. Grantee must record deed restrictions on Project property, as applicable. B. For any rights of way, real and personal property, leases, improvements, and infrastructure funded as a reimbursable direct cost of the Project, the Grantee, Partner, or public agency, as approved in writing by the LCI Grant Manager, must be the sole owner of the title or leasehold. Each site acquired or improved upon with funding provided under this Grant Agreement must remain permanently dedicated to the described use in the same proportion and scope as was in the Grant Agreement, unless LCI agrees otherwise in writing. If the ownership or use of the property changes to a use not in accordance with the Grant Agreement, Grantee may be required to reimburse the State in a manner determined by LCI. C. Grantee, Partner, or Subcontractor, as applicable, is obligated to continue operation and maintenance of the physical aspects of the Project for its full useful life, which, for the purpose of this Grant Agreement, includes any extensions of that life achievable by reconstruction, rehabilitation or enhancements, in accordance with the described use in the same proportion and scope as in the Grant Agreement, unless LCI agrees in writing. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon written approval from LCI. The Project and its facilities must be maintained, supervised, and inspected by adequate and well-trained staff and/or professionals and technicians as the project reasonably requires. 18. Debt Security Grantee will not use or allow the use of any portion of real property purchased solely with EHCRP grant funds as security for any debt. 19. Force Majeure Neither the State nor Grantee will be responsible hereunder for any delay, default, or nonperformance of this Grant Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, enemy or hostile governmental action, civil commotion, strikes, lockouts, labor disputes, fire or other casualty, or other contingencies unforeseen by the State or Grantee, its Page 24 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1F-6989-493F-B1 C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round 1 Grant Number: SPPD24147, City of Redding Partners, Subcontractors, or vendors, and beyond the reasonable control of such party. 20. Expatriate Corporations Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Sections 10286 and 10286. 1, and is eligible to contract with the State of California. 21. Corporation Qualified to do Business in California When work under this Grant Agreement is to be performed in California by a corporation, the corporation must be in good standing and currently qualified to do business in the state. "Doing business" is defined in Revenue and Taxation Code Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. 22. Self -Dealing and Arm's Length Transactions All expenditures for which reimbursement pursuant to this Grant Agreement is sought must be the result of arm's-length transactions and not the result of, or motivated by, self-dealing on the part of Grantee or any employee or agent of Grantee. 23. Relocation If a project is subject to State Relocation Law and a relocation plan is required by State Relocation Law (Gov. Code, § 7260 et seq.) and Section 6038 of the Relocation Assistance and Real Property Guidelines (25 Cal. Code of Regulations, div. 1, ch. 6, § 6000 et seq.) for the Project Area, Grantee must provide a copy of the relocation plan. 24. Child Support Compliance Act Grantee recognizes the importance of child and family support obligations and must fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.; and Grantee, to the best of its knowledge, is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. 25. Environmental Justice In the performance of this Grant Agreement, Grantee must conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of California, consistent with Government Code section 65040.12, subdivision (e). Page 25 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding 26. Union Organizing By signing this Grant Agreement, Grantee hereby acknowledges the applicability of Government Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Grant Agreement and hereby certifies that: A. No grant funds disbursed by this Grant Agreement will be used to assist, promote, or deter union organizing by employees performing work under this Grant Agreement. B. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee must maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee must provide those records to the Attorney General upon request. 27. Prevailing Wages and Labor Compliance Grantee certifies that it will comply with all prevailing wage requirements under California law, pursuant to Section 1720 et seq. of the California Labor Code. The California Labor Code requires payment of locally prevailing wages to workers and laborers on state government contracts in excess of $1,000 for public works projects. A "public work" is the construction, alteration, demolition, installation, repair, or maintenance work done under contract and paid for in whole or in part out of public funds. The definition applies to private contracts when certain conditions exist. Grantee can identify additional stipulations and exceptions under Cal. Labor Code § 1720 et seq. A. Grantee must ensure the following on "public work" activities under this Grant Agreement: Prevailing wages are paid; The project budget and invoices for labor reflects these prevailing wage requirements, or if exempt, provide the applicable exemption to EHCRP with the project budget; and iii. The project complies with all other requirements of prevailing wage law including but not limited to keeping accurate payroll records and complying with all working hour requirements and apprenticeship obligations. B. Grantee must ensure that its Partners and Subcontractors, if any, also comply with prevailing wage requirements. Grantee must ensure that all agreements with its Partners and Subcontractors to perform work related to the EHCRP Project contain the above terms regarding payment of prevailing wages on public works projects. C. The Department of Industrial Relations (DIR) is the primary resource for consultation on the requirements of California prevailing wage law. Page 26 Exhibit D, Special Terms and Conditions Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Grantee can identify the rates for prevailing wage on the DIR website at blip- �'ww�w.dr.c�aoy. Grantee may contact DIR for a list of covered trades and the applicable prevailing wage. If Grantee is unsure whether the EHCRp Project or individual projects receiving this award is a "public work" as defined in the California Labor Code, it may wish to seek a timely determination from the DIR or an appropriate court. iii. If Grantee has questions about this contractual requirement, recordkeeping, apprenticeship, or other significant requirements of California prevailing wage law, it is recommended Grantee consult DIR and/or a qualified labor attorney before accepting this grant award. Page 27 Exhibit D, Special Terms and Conditions Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Exhibit E' EHCRP Guidelines Page 28 Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Exhibit F, Award Lefler Land use and clinwte Iftincivatim 14W I(P SfteO, SoawneftX CoMiooikx9W14 kitovov Decembet 5, 21024 Travis h1eirine RE. Award Notification - orvj CeYnni,,,inwIy ReskeirKe fIrc-prom Round, 1, Lwge Gfiari! Awcoc, City of Pea6mg, 0,,ty Reo*N4 - Pavicsornia Pork, DeaN Tioo,,shienne cod piortrwas. The Goveffla'l OffiCe Of LOPId We 4"T"nd cslimo!e Irwm4yvatiorl is <oko3sed, to Rnfctq,,, VrjV 9104, City of Rec**Q haS t,>Pef", 50 D0,C,'Ised z a pour."d I Grfanteoe, Treat Eorwr* Heot ond Res4*tf,"Ce PFtX;roMjW0,rc of $ 1 9954M, ',Xl ky tree cropect Cstv of Pt*ddrO; - Ponoworna Pork SP(aygrow"d. Th'ie Extffene, Heol, anJ Cornirrvun.,ey Res6ence Flvogyorrl k1cias plar"niru,"; Ono rndw grate tt-,e imvorzfs of extmrr,* hhofTne Profresfir, a tmwvia on"d tr"€vesll on KXI, I aL rer pvxno, andfa, ,bai pvcmiects that strengiben cof-ntY,,,Aj,6h,e5 0f rite vt.4nefoloo., to exPeowA., Meat, Can( ap,pification! in tvtee conung week.,s, s1W.4 fY,,,,onft-* Extreme Heat ona Comem,,r0y ke,,0ence Pfcvam wit scheovie a kickoff meehfV, to 6,cvas ond Fav ,.Yess airry identtfieo ano on tnferog-enc-v fe,,e,,,ewpornex,,oswe# cz Io, finvatze t> v—. porl,"w"thiic rjndqr3Moqe* Granteers and PcOners MI neea, towc4t, dial evono sloff 10 0&ket prior to gvairo execvfion, P*an�e note, 1ha a as pxt4o7inory awofd, ond, 10 resees"saes *W� r4 rescimd o4 make changes to cr*cv0s I:xtftYe the oqeenient to executed� Thn.,, owi3fd �',s C on tfieexecvtkn of to qonk of we ask, Mclyov k�p ft puoficty o'n, ots -eb,00-1, We '�cojr, fLyward to our conta,08,iradenKoy EHCRPAtor,(,,yann PrOido, EfiCRP Seruxolf Ad,,9�1101o)fl ears Svic, eteN, SOM Director, Goverinof,'s Vffice of Lcma 1400 Tenth Street Sactwramo, CA 958 14 Page 29 Exhibit F, Award Letter Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Exhibit G, Grant Application CA Co:w, OPR - Extrenie W.at and Cornmunity ResitienceProgn',irm, City of Redding- Panorama Park 01"�:CNEi, 24D, 2 4 Sprayground �d 4(54,,,,,,,9572 Travis Menne n, EMCRP FuN Application Foffn (2024125) 77 7 Original Subrrission SOre ,k(,;§s.. 'Y CO - Your and Et -CRP Prq,e,ct r,'vervte,�,, V'Vhat 4s �?xroiw?,c-, Pa""k S,, aygro"unmr"! "l)"'hal, of f"-prar,""t L rIa.Y I i o,-, ragt LF,,, ,a' wn f#k, .1 P...r ,,,Irnvrwivry L,e,,id ,,,kirf Of lh�enrlAy QVe ,"f f I. o,,,-, a I or R P i, lr Se": titut,", 'e'!n"My Page 30 Exhibit G, Grant Application Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Attachment 1: Authorized Signatory Form I hereby verify that I am an authorized Grantee representative and signatory and, as such, can sign and/or delegate authorization to sign and bind Grantee as it relates to the above -referenced Grant Agreement and grant related documents. Grantee Authorized Signatory: Name: Ban Tippin Title: City Manager (Type or Print Name) Signature: Delegated Authorized Signatories: 1. Name: (Type or Print Name) Signature: Document(s) Authorized to sign: ❑ All Grant Related Documents ❑ Grant Agreement ❑ Grant Amendments ❑ Budget Amendments ❑ Reports ❑ Invoices ❑ Other 2. Name: Date: Title: (Type or Print Name) Signature: Date: Document(s) Authorized to sign: ❑ All Grant Related Documents ❑ Grant Agreement ❑ Grant Amendments ❑ Budget Amendments Date: Title: Page 31 Attachment 1: Authorized Signatory Form Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding [A Reports J Invoices LJ Other Page 32 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Project Name: Page 33 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Page 34 Docusign Envelope ID: D9AA8E1 F -69B9 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Attachment 3, Budget Detail Worksheet Cott oftwvum C-, Ty .r [7 11 (I 2] 31 .4 nk gulk Hawh, M"� 41. fir. "E.Haws W04 � Z Fauds Cm- QfKadd MS Prowl cmdMarot from th* Community data Npartnmt mff I=e to fialvW* pubist ftgagemwa, cow to A-fth pwftswanal demp and a4inewmg to md roort mocigo Pmummw of 7 p and Br4intaws Cwmwt, TIUS avail ba The Cmsuucb*z*fth* pre)*ct ax#cused by a iubcontm&or to welwto IV*t DW7 Vtdsuea to W, Sc* tht Spraypowcd Shad* Sutxwe, Madwapa scApmg, STaygra=d rCmmuavtv 0mutmeton Msngewnt - C*, o£ Wd* Public Work% Admizatratwo c"t,claxal, md **er am u =wrad) i7:urt Page 35 Attachment 4: Budget Detail Worksheet Docusign Envelope ID: D9AA8E1 F -69139 -493F -Bl C2-36CB89022118 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Attachment 4, Invoice Grant Admin Manager Appcovat Govemoes Office of Lind Use and Climate Innovation 1400 Tenth Street Sacramento, CA 95814 GRANTEE INVOICE COVER SHEET IYtVbICer Contractor -Name Agraerreist Number MaillagAddro,et m -A. P.11.d (March, out., Year) City, State, and Zip Code A. TOTAL I $ I & 5% RETENTION i $ 1 C. TOTAL REQUESTED 1 $ By my signature below, I certify that l crave full authority to executetras payment request on behalf. of the Grantee, I declare under penalty of perjury, under the taws of the State of California, that this invoice for reimbursement, and any accompanying supporting documents, aretrue and correct to. the best of my knowledge, analt disbursements have been made forthe purposes and conditions as outlined in the Giant Agreement. Authorized Signature... Aiisuitip, Date T.1 -010e —D.t. Printed Name of Authorized Signature Page 36 Attachment 5: Invoice Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round Grant Number: SPPD24147, City of Redding Page 37 Attachment J:Invoice Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding Attachment 5, Invoice Dispute Notification INVOICE DISPUTE NOTIFICATION (I -,K/-\1141 NulvtbrK The invoice referenced above hdisputed for the following reasons: Request reimbursement for expenses not inthe Invoiced for indirect cost reimbursement Budget Detail El above 10%cap 1:1 mvo|codk/rinoidento|oosborhove|oosbnot�do El vvo�pehtnnedphortoth*Gmntstz�orend of CA dot* Insufficient evidence ofprogress made ortask Invoice submitted without using required 17 completion F7 templates F-1 |n�u�cien��uppo�ngducumen�fur ||PmgreoRopu�ur�no|Ropo�ncdinc|udod reimbursement| | witkinvoice 1:1 R*questreimbooement through another funding El source THIS NOTIFICATION mA FOLLOW urnoAPHONE CONVERSATION WITH THE GRANTEE ooDESIGNEE WHOSE NAME APPEARS BELOW. NAME DATE OF CONVERSATION |FYOU HAVE ANY QUESTIONS REGARDING THIS DISPUTE, CONTACT: NAME TELEPHONE NUMBER (include Area Code) Page 38 Governor's Office of Land Use and Climate Innovation- Extreme Heat and Community Resilience Program - Round I Grant Number: SPPD24147, City of Redding I STATE OF CALIFORNIA USE ONLY RETURN xCOPY {nTHIS NOTIFICATION WITH THE DATE DISPUTE RESOLVED 17NITIALS CORRECTED INVOICE TO: I RESOLUTION Page 39