State of California Natural Resources Agency MP1411-0 State of California Natural Resources Agency
Proposition 40-California Clean Water,Clean Air,Safe Neighborhood,Parks and Coastal Protection Act of 2002
AMENDMENT#1 TO GRANT AGREEMENT MP1411-0
GRANTEE NAME: City of Rancho Palos Verdes
PROJECT TITLE: Point Vicente Interpretive Center Lighthouse Lens and Hunting the Whale Exhibits
This amendment is hereby made and agreed upon by the State of California,acting through the Natural Resources Agency
and by the City of Rancho Palos Verdes pursuant to the above identified program. The State and Grantee,in mutual
consideration of the promises made herein and in the agreement,of which this is an amendment,agree to the following:
Amend the Project Cost Estimate per the attached Exhibit A-1 and
Extend the Project Performance Period end date to June 30,2019
In all other respects;the agreement and the terms and conditions if relevant thereto,shall remain in full force and effect. In
witness whereof,the-parties hereto have executed this amendment as of the date entered below.
CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA
NATURAL RESOURCES AGENCY
•
By P
� By
Doug Willmore Julie Alvis
Title City Manager Title Deputy Assistant Secretary
Date Zl(C r ! Date 3/4 /
CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATE AGREEMENT NUMBER FUND
FUNDING
6029-Proposition 40-California Clean
$144,320.00 MP1411-0 Water,Clean Air,Safe Neighborhood,Parks
and Coastal Protection Act of 2002
ADJ.INCREASING FISCAL PO Number
ENCUMBRANCE
$ 0000000303
ADJ.DECREASING FUNCTION
ENCUMBRANCE
$ Local Assistance
ENACTMENT ACCOUNT
UNENCUMBERED BALANCE REF NUMBER FUND YEAR NUMBER ALT ACCOUNT
$ 101 602900010 2014 5432000 00000000
RPTG AGENCY BUDGET
PROGRAM PCBU PROJECT ACTIVITY STRUCTURE SVC LOC USE PERIOD
9990000 0540 0540MP14040 39200 05400001 39200 B5742 2017
I hereby certify upon ' y pe •nal knowledge that budgeted funds are available for this encumb ce
SIGNATUR OF ACCOUNTING OFFIC r E
•
Exhibit A-1: Cost Estimate (Amended)
City of Rancho Palos Verdes
Point Vicente Interpretive Center Lighthouse Lens & Hunting the Whale Exhibits
Agreement No. MP1411-0
Applicant**
PROJECT ELEMENTS Total Museum Grant (Donor Restricted
Funds)
GRANT ELEMENTS
Fresnel Lens Exhibit Fabrication & Installation $18,000 $18,000
Hunting the Whale Exhibit Fabrication & Installation $125,020 $125,020
Signage (two bronze plaques) $1,300 $1,300
Grant Total $144,320 $144,320
MATCH ELEMENTS
Planning & Design (Museum Consultants) $67,000 $67,000
Interior build-out for exhibition installation (move interior
walls, electrical, &ventilation) $28,700
Fresnel Lens Exhibit Fabrication & Installation $14,000 $14,000
Hunting the Whale Exhibit Fabrication & Installation $66,980 $66,980
Match Total: $147,980 $176,680
PROJECT GRAND TOTAL: $321,000 $144,320 $176,680
*Only direct project management costs are eligible; no overhead/indirect costs are reimbursable. In-service
payroll may not include a "billable rate" or administrative cost allocation.
**All invoices and receipts for all project expenditures from all funding sources will be retained and made
available in the event of any future State Audits.
E,
•
State of California
Natural Resources Agency—GRANT AGREEMENT
GRANTEE NAME: City of Rancho Palos Verdes
PROJECT TITLE: Point Vicente Interpretive Center Lighthouse Lens and Hunting the Whale Exhibits
AUTHORITY: Proposition 40-California Clean Water,Clean Air,Safe Neighborhood, Parks and
Coastal Protection Act of 2002
PROGRAM: California Museum Grant Program
AGREEMENT NUMBER: MP1411-0
TERM OF LAND TENURE: 15 years from date of project completion as evidenced by Project Certification Form
PROJECT PERFORMANCE PERIOD IS: November 1,2016 to March 1,2019
Under the terms and conditions of this agreement,the applicant agrees to complete the project as described in the project scope described in Exhibit A,and
any subsequent amendments,and the State of California,acting through the Natural Resources Agency pursuant to Proposition 40-California Clean Water,
Clean Air,Safe Neighborhood,Parks and Coastal Protection Act of 2002,agrees to fund the project up to the total state grant amount indicated.
PROJECT DESCRIPTION:
See project description on page 1 and Exhibit A of the Agreement
Total State Grant not to exceed $144,320.00 (or project costs,whichever is less)
The Special and General Provisions attached are made a part of and incorporated into the Agreement.
CITY OF RANCHO PALOS VERDES STATE OF CALIFORNIA
NATU: .L - • I - • ES AGENCY
B 111k
Doug Willmore ¶ ash
Title City Manager •
Title Deputy Assistant Secretary
Date Date 11 ) Z1 I ��I
CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATE AGREEMENT NUMBER FUND
1FUNDING
SW 6029-Proposition 40-California Clean
$144,320.00 MP1411-0 Water,Clean Air,Safe Neighborhood, Parks
and Coastal Protection Act of 2002
ADJ.INCREASING APPROPRIATION
ENCUMBRANCE
$ OSLIO_tO029-010—.DON-‘0%-05404029411.0.401 62) -PRe
ADJ.DECREASING FUNCTION
ENCUMBRANCE
$ Local Assistance
UNENCUMBERED BALANCE LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR
INV. 25 2014 2014/15
• y• - % -010— 61-1-101
or T.B.A.NO. B.R.NO. INDEX OBJ.EXPEND PCA PROJECT NUMBER
0540 751 39200 MP1411-0
I hereby 'fy upo my perso I knowledge that budgeted funds are available for this encumbrance
A12/, / 6
SIGN REO CCOUN G OFFICER DATE
Agreement No. MP1411-0
GRANT AGREEMENT
State of California -The Natural Resources Agency
Grantee Name: City of Rancho Palos Verdes
Project Title: Point Vicente Interpretive Center Lighthouse Lens and Hunting the Whale Exhibits
Agreement Number: MP1411-0
Authority: Proposition 40 - California Clean Water, Clean Air, Safe Neighborhood, Parks
and Coastal Protection Act of 2002
Program: California Museum Grant Program
PROJECT DESCRIPTION
Design, construct, and install two new permanent exhibitions. The exhibits will focus on shore whalers of
the 1860's and the lighthouse lens that guided mariners since 1926.
A detailed project scope and activities, project schedule and project budget are described and attached
hereto as Exhibit A.
Grant Funds are to be used to support capital asset projects in museums in accordance with the provisions
contained in the Museum Grant Program Guidelines and this Agreement.
TERMS AND CONDITIONS OF GRANT
Special Provisions
1. Recipients of grant funds shall post signs acknowledging the source of the funds. Size, location and
number of signs shall be approved by the State.
2. Upon completion of detailed project design, plans and specifications, Grantee shall provide to the State
for review and approval a revised detailed project budget, project scope and detailed site plan. If
project includes habitat restoration or landscaping, Grantee shall provide a planting palette
demonstrating how native, low-water, drought-resistant vegetation will be used in the project. Approval
by the State of such plans and specifications, or any other approvals provided for in this agreement,
shall be for scope of work as described in Exhibit A and shall not relieve Grantee of the obligation to
construct and maintain the facilities, or carry out any other obligations required by this agreement, in
accordance with applicable law or any other standards ordinarily applied to such work or activity.
3. Projects must follow the Secretary of the Interior's Standards for the Treatment of Historic Properties,
where applicable, to ensure the historical integrity of the project. In addition, any local, state, and
federal ordinances and laws (such as National Historic Preservation Act and Native American Graves
Protection and Repatriation Act) must be followed to ensure the historical integrity of the project. Grant
funds may NOT be used for demolition or non-historic treatment of historic structures or resources that
are determined eligible for listing on the National Register of Historic Places or the California Register of
Historical Resources.
4. Grantee will complete and attach the Certification for Match Requirement with each Payment Request.
Grantee must retain all invoices and receipt to document match expenditures so they are available for
State Audit. Records are subject to inspection by the State upon request. Match is to be expended within
the project performance period at a rate equal to or faster than grant funds. However, Grantee may use
architectural plans, drawings, or other documents developed solely for the capital asset project that were
created within one year prior to the application submission deadline(September 1, 2015)toward match. No
more than half of the required match may be in-kind donations. To qualify as match, in-kind line items must
be considered an eligible cost.
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Agreement No. MP1411-0
General Provisions
A. Definitions
1. The term "Act" means Proposition 40, California Clean Water, Clean Air, Safe Neighborhood, Parks
and Coastal Protection Act of 2002
2. The term"Acquisition" means obtaining a fee interest or any other interest, including easement, leases,
and development rights.
3. The term"Agreement" means this Grant Agreement.
4. The term "Application" means the individual application form, its required attachments for grants
pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant
to the California Natural Resources Agency prior to award.
5. The term "Application Guidelines" means the California Museum Grant Program Guidelines and
Application.
6. The term "Development" means improvement, rehabilitation, restoration, enhancement, preservation,
protection and interpretation or other similar activities.
7. The term "Fair Market Value" means the value placed upon the property as supported by an appraisal
that has been reviewed and approved by the California Department of General Services(DGS).
8. The term "Grant" or "Grant Funds" means the money provided by the State to the Grantee in this
agreement.
9. The term "Grant Agreement" means a contractual arrangement between the State and grantee
specifying the payment of funds by the State for the performance of specific museum project objectives
within a specific project performance period by the grantee.
10. The term"Grantee" means an applicant who has a signed agreement for grant funds.
11. The term "Interpretation" means visitor-serving amenities that communicate the significance and value
of natural, historical and cultural resources in a manner that increases the understanding and
enjoyment of these resources, or other similar activities.
12. The term"Other Sources of Funds" means cash or in-kind contributions that are required or used to
complete the project beyond the grant funds provided by this agreement.
13. The term"Payment Request Form"means Form RA212.
14. The term "Project" means the acquisition or development activity described in the application as
modified by Exhibit A to be accomplished with grant funds.
15. The term "Project Budget" means the State approved cost estimate included as Exhibit A to this
agreement.
16. The term "Project Scope" means the description or activity for work to be accomplished by the
museum project.
17. The term "State" means the Secretary for California Natural Resources or his/her representatives, or
other political subdivision of the State.
•
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Agreement No. MP1411-0
B. Project Execution
1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money
(Grant Funds) not to exceed the amount stated on the signature page in consideration of and on
condition that the sum be expended in carrying out the purposes as set forth in the description of
project in this agreement and its attachments and under the Terms and Conditions set forth in this
agreement.
2. Grantee shall furnish any and all additional funds that may be necessary to complete the project.
3. Grantee shall complete the project in accordance with the Project Performance Period set forth on the
signature page, unless an extension has been formally granted by the State and under the Terms and
Conditions of this agreement. Extensions may be requested in advance and will be considered by
State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no
event beyond May 1, 2019.
Grantee shall at all times ensure that project complies with the California Environmental Quality Act
(CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code
Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to
obtaining all necessary permits. Grant funds will not be disbursed before the close of the period for
legal challenge under CEQA.
Grant funds for planning and document preparation may be available sooner if included in the grant
project scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within
one (1) year from the Grant Agreement start date, unless an extension is granted by the State.
Changes to the scope resulting from CEQA compliance are permitted provided the State
determines that the project continues to meet all objectives of the California Museum Grant
Program and is consistent with the intent cited in the original Application.
If a grantee's project is disapproved on grounds related to the California Natural Resource Agency's
CEQA determination, the grantee shall have the option of either: (1) reimbursing the Natural
Resources Agency for all state-reimbursed preliminary costs (e.g., planning, design, etc.), or (2)
relinquishing any planning/design documents, including all copies, reproductions, and
variations resulting from said funding, without a license to use or otherwise retain in any form.
5. Where relevant, projects must comply with any applicable laws pertaining to prevailing wage and labor
compliance.
6. Grantee certifies that the project does and will continue to comply with all current laws and regulations
which apply to the project, including, but not limited to, legal requirements for construction contracts,
building codes, environmental laws, health and safety codes, and disabled access laws. Grantee
certifies that, prior to commencement of construction; all applicable permits and licenses (e.g., state
contractor's license)will have been obtained.
7. Grantee shall provide access by the State upon 24-hours' notice to determine if project work is in
accordance with the approved project scope, including a final inspection upon project completion.
8. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior
approval any deviation from the original project scope per Exhibit A and the application. Changes in
project scope must continue to meet the need cited in the original application or they will not be
approved. Any modification or alteration in the project as set forth in the application on file with the
State must be submitted to the State for approval. Any modification or alteration in the project must
also comply with all current laws and regulations, including but not limited to CEQA.
9. Grantee shall provide for public access and/or educational features where feasible.
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Agreement No. MP1411-0
10. Grantee must have (1)fee title, (2) leasehold, or(3) other interest to project lands and demonstrate to
the satisfaction of the State that the proposed project will provide public benefits that are
commensurate with the type and duration of the interest in land. Any acquisition of project lands by
Grantee following award shall not involve eminent domain proceedings or threat of eminent domain
proceedings.
11. Grantee shall promptly provide photographs of the site during and after implementation of project at the
request of the State.
C. Project Costs
1. Any grant funds provided to Grantee under this agreement will be disbursed for eligible costs, on a
reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the
signature page of this agreement:
a. Approved direct management costs or construction and development costs. Up to ten percent
(10%) of the reimbursement amount will be held back and issued as a final payment upon
completion of the project.
b. Remaining grant funds shall be paid up to the total amount of the grant funds or the actual project
cost, whichever is less, upon completion of the project, receipt of a detailed summary of project
costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a
site inspection by the State.
2. Payment Documentation:
a. All payment requests must be submitted using a completed Payment Request Form. This form
must be accompanied by an itemized list of all expenditures that clearly documents the check
numbers, dates, recipients, line-item description as described in the project budget approved by
the State and amounts. Each payment request must also include proof of payment such as
receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment
has been made.
b. Any payment request that is submitted without the required itemization and documentation will not
be authorized. If the payment request package is incomplete, inadequate or inaccurate, the State
will inform the Grantee and hold the payment request until all required information is received or
corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because
of delays in payment will be paid by the Grantee and is not reimbursable under this agreement.
3. Grant funds in this award have a limited period in which they must be expended. Grantee expenditures
funded by the State must occur within the time frame of the Project Performance Period as indicated in
this agreement.
4. The State reserves the right to request reimbursement of any funds spent on the project, even funds
deemed eligible costs, if the project is not completed in accordance with the Grant Agreement and the
guidelines.
5. Except as otherwise provided herein, the Grantee shall expend grant funds in the manner described in
the Exhibit A approved by the State. The total dollars of a category in the project budget may be
increased by up to ten percent (10%) through a reallocation of funds from another category, without
approval by the State. However, the Grantee shall notify the State in writing when any such
reallocation is made, and shall identify both the item(s) being increased and those being decreased.
Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the
amount of a category must be approved by the State. In any event, the total amount of the grant funds
may not be increased, nor may any adjustments exceed the limits for management costs as described
in the Application Guidelines.
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Agreement No. MP1411-0
D. Project Administration
1. Grantee shall promptly provide project reports and/or photographs upon request by the State. In any
event Grantee shall provide the State a report showing total final project expenditures with the final
payment request and required closing documents.
2. Grantee shall make property and facilities acquired or developed pursuant to this agreement available
for inspection upon request by the State.
3. Grantee shall use any income earned by the Grantee from use of the project to further project
purposes, or, if approved by the State, for related purposes within the jurisdiction.
4. Grantee shall submit all documentation for project completion, including a notice of completion as
applicable and final reimbursement within ninety (90) days of project completion, but in no event any
later than May 1, 2019.
5. Final payment is contingent upon State verification that project is consistent with project scope as
described in Exhibit A, together with any State approved amendments.
6. This agreement may be amended by mutual agreement in writing between Grantee and State. Any
request by the Grantee for amendments must be in writing stating the amendment request and reason
for the request. The Grantee shall make requests in a timely manner and in no event less than sixty
(60)days before the effective date of the proposed amendment.
7. Grantee must report to the State all sources of other funds for the project.
E. Project Termination
1. The State reserves the right to terminate a Grant Agreement for any reason at any time. There are no
vested rights or entitlements to funding that a Grantee can or should rely upon, and once a notice of
termination is provided to the Applicant, only authorized and eligible work prior to that notification of
termination will be paid by the State.
2. Prior to the completion of project construction, either party may terminate this agreement by
providing the other party with thirty (30) days' written notice of such termination. The State may also
terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that
there is a violation of any state or federal law or policy by Grantee which affects performance of this
or any other grant agreement or contract entered into with the State.
3. If the State terminates without cause the agreement prior to the end of the Project Performance
Period, the Grantee shall take all reasonable measures to prevent further costs to the State under
this agreement. The State shall be responsible for any reasonable and non-cancelable obligations
incurred by the Grantee in the performance of the agreement prior to the date of the notice to
terminate, but only up to the undisbursed balance of funding authorized in this agreement.
4. If the Grantee fails to complete the project in accordance with this agreement, or fails to fulfill any other
obligations of this agreement prior to the termination date, the Grantee shall be liable for immediate
repayment to the State of all amounts disbursed by the State under this agreement, plus accrued
interest and any further costs related to the project. The State may, at its sole discretion, consider
extenuating circumstances and not require repayment for work partially completed provided that the
State determines it is in the State's best interest to do so. This paragraph shall not be deemed to limit
any other remedies available to the State for breach of this agreement.
5. Failure by the Grantee to comply with the terms of this agreement or any other agreement under the
Act may be cause for suspension of all obligations of the State hereunder.
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Agreement No. MP1411-0
6. Failure of the Grantee to comply with the terms of this agreement shall not be cause for suspending
all obligations of the State hereunder if, in the judgment of the State, such failure was due to no
fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost
any irrevocable obligations properly incurred shall be eligible for reimbursement under this
agreement.
7. Because the benefit to be derived by the State, from the full compliance by the Grantee with the
terms of this agreement, is the for the purposes as stated in the application for the people of the
State of California, and because such benefit exceeds to an immeasurable and unascertainable extent
the amount of money furnished by the State by way of grant funds under the provisions of this
agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the
amount of the grant funds disbursed under this agreement by the State would be inadequate
compensation to the State for any breach by the Grantee of this agreement. The Grantee further
agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this
agreement shall be the specific performance of this agreement, unless otherwise agreed to by the
State.
F. Hold Harmless
1. Grantee shall waive all claims and recourses against the State, including the right to contribution for
loss or damage to persons or property arising from, growing out of or in any way connected with or
incident to this agreement, except claims arising from the gross negligence of State, its officers, agents
and employees.
2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in
perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out
of the project, including development, construction, operation or maintenance of the property described
in the project description which claims, demands or causes of action arise under Government Code
Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except
for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee
acknowledges that it is solely responsible for compliance with items to which it has certified.
3. Grantee and State agree that in the event of judgment entered against the State and Grantee because
of the gross negligence of the State and Grantee, their officers, agents or employees, an
apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.
Neither party shall request a jury apportionment.
G. Financial Records
1. Grantee shall maintain satisfactory financial accounts, documents and records for the project and to
make them available to the State for auditing at reasonable times. Grantee shall also retain such
financial accounts, documents and records for three (3) years after final payment and one (1) year
following an audit.
2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall
have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to
this agreement or matters related thereto. Grantee shall maintain and make available for inspection by
the State accurate records of all of its costs, disbursements and receipts with respect to its activities
under this agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by
the State.
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Agreement No. MP1411-0
H. Use of Facilities
1. The real property (including any portion of it or any interest in it) may not be sold or transferred
without the written approval of the State of California, acting through the Natural Resources
Agency, or its successor, provided that such approval shall not be unreasonably withheld as long
as the purposes for which the grant was awarded are maintained.
2. Grantee shall maintain, operate and use the project in fulfillment of the purpose funded pursuant to
this grant for a minimum of FIFTEEN (15) YEARS, consistent with the Land Tenure/Site Control
requirements included in the Application Guidelines. The Grantee, or the Grantee's successor in
interest in the property, may assign without novation the responsibility to maintain and operate the
property in accordance with this requirement only with the written approval of the State. Grantee may
be excused from its obligations for operation and maintenance of the project site only upon the written
approval of the State for good cause. "Good cause" includes, but is not limited to, natural disasters
that destroy the project improvements and render the project obsolete or impracticable to rebuild.
3. Grantee shall use the property for the purposes for which the grant was made and shall make no
other use or sale or other disposition of the property. This agreement shall not prevent the transfer
of the property from the Grantee to a Public Agency, if the successor public agency assumes the
obligations imposed by this agreement.
4. If the use of the property is changed to a use that is not permitted by the agreement, or if the
property is sold or otherwise disposed of, at the State's sole discretion, an amount equal to (1) the
amount of the Grant(2) the Fair Market Value of the real property, or(3) the proceeds from the sale
or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or
otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount
equal to either the proceeds from the sale or other disposition of the interest or the Fair Market
Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the
State.
5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without
the written permission of the State.
6. The Grantee shall not use or allow the use of any portion of the real property as security for any
debt.
I. Nondiscrimination
1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate,
harass or allow harassment, against any person because of sex, sexual orientation, race, color,
religious creed, marital status, denial of family and medical care leave, ancestry, national origin,
medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical)
including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee
and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their
employees and applicants for employment are free from such discrimination and harassment. Grantee
and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act(Gov.
Code, §12900 et seq.) and the applicable regulations promulgated thereunder(Cal. Code Regs, tit. 2,
§7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission
implementing Government Code, §12990 (a)—(f), are incorporated into this grant by reference and
made a part hereof as if set forth in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include
this non-discrimination and compliance provisions of this clause in all subcontracts to perform work
under the grant.
2. The Grantee shall not discriminate against any person on the basis of residence except to the extent
that reasonable difference in admission or other fees may be maintained on the basis of residence and
pursuant to law.
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Agreement No. MP1411-0
3. The completed project and all related facilities shall be open to members of the public generally, except
as noted under the special provisions of this agreement or under provisions of the Act.
J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application
approved in writing by the State are hereby incorporated by reference into this agreement as though set
forth in full in this agreement.
K. Severability
If any provision of this agreement or the application thereof is held invalid, that invalidity shall not affect
other provisions or applications of this agreement which can be given effect without the invalid provision or
application, and to this end the provisions of this agreement are severable.
L. Waiver
No term or provision hereof will be considered waived by either party, and no breach excused by either
party, unless such waiver or consent is in writing and signed on behalf of the party against whom the
waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed
or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by
either party.
M. Assignment
Except as expressly provided otherwise, this agreement is not assignable by the Grantee either in whole or
in part.
N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of
or relating to this agreement, the Grantee shall first discuss and attempt to resolve the issue informally
with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall
follow the following procedures:
1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall
submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary
for Bonds and Grants for the California Natural Resources Agency. The grievance report must
state the issues in the dispute, the legal authority, or other basis for the Grantee's position and the
remedy sought. Within ten (10) working days of receipt of the written grievance report from the
Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall
respond in writing to the Grantee indicating the decision and reasons therefore. Should the
Grantee disagree with the Deputy Assistant Secretary's decision, the Grantee may appeal to the
Assistant Secretary for Administration and Finance for the Natural Resources Agency.
2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy
Assistant Secretary's decision is unacceptable. The letter must include, as an attachment, copies
of the Grantee's original grievance report, evidence originally submitted, and response from the
Deputy Assistant Secretary. The Grantee's letter of appeal must be submitted within ten (10)
working days of the receipt of the Deputy Assistant Secretary's written decision. The Assistant
Secretary or designee shall, within twenty (20) working days of receipt of Grantee's letter of appeal,
review the issues raised and shall render a written decision to the Grantee. The decision of the
Assistant Secretary or designee shall be final.
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Agreement No. MP1411-0
0. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years following the final payment
of grant funds. The audit shall include all books, papers, accounts, documents, or other records of the
Grantee, as they relate to the project for which the grant funds were granted.
Page 9
EXHIBIT A
STATE OF CALIFORNIA NATURAL RESOURCES AGENCY
GRANT AGREEMENT
California Museum Grant Program
California Clean Water, Clean Air, Safe Neighborhood Parks,
Coastal Protection Act of 2002 (Proposition 40)
Grantee Name: City of Rancho Palos Verdes
Project Title: Point Vicente Interpretive Center Lighthouse Lens and Hunting the
Whale Exhibits
Agreement Number: MP1411-0
Project Scope:
Design, construct, and install two new permanent exhibitions. The exhibits will focus on shore whalers of
the 1860's and the lighthouse lens that guided mariners since 1926.
Elements funded by Museum Program reimbursable grant funds:
• Fabrication and installation of panels, labels, and graphic layouts for both exhibits
• Purchase and installation of lighting for both exhibits
• Fabrication and Installation of Frensel Lens
• Fabrication/Purchase and installation of historical/educational objects related to whaling
• Museum Grant Program Acknowledgement Signage (two bronze plaques)
The public can access this museum daily from 10:00 to 5:00 pm at the following location:
31501 Palos Verdes Drive West
Rancho Palos Verdes, CA 90275
Project Schedule:
Activity Description Timeline
Preliminary work on the project
Issue RFP 9/1/16— 12/1/16 (3 months)
Select Designer/Fabricator 12/1/16— 1/1/17 (1 month)
Design Development 1/1/17—7/1/17 (6 months)
Submit CEQA documents Complete. NOE filed 8/17/15
Submit final site design/plans/specifications to State 7/1/17—8/1/17 (1 month)
Submit evidence of bond acknowledgement sign (CCHE 7/1/17—8/1/17 (1 month)
Bronze Plaque—submit layout to State for approval)
Begin construction
Fabrication of Exhibits 8/1/17—5/1/18 (9 months)
Installation of Exhibits 5/1/18— 8/1/18 (3 months)
Other key activities
Docent Training 8/1/18—9/1/18 (1 month)
Website and On-Line Resources Launched 8/1/18—9/1/18 (1 month)
Punch List and Troubleshooting 8/1/18—9/1/18 (1 month)
Grand Opening 9/1/18— 10/1/18 (1 month)
Submit Project Closeout package with final Payment 10/1/18— 12/1/18 (2 months)
Request to State (Note: Project must be closed out by
no later than May 1, 2019)
Cost Estimate: See Exhibit Al
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Exhibit A-1:Cost Estimate
Grantee Name:City of Rancho Palos Verdes
Project Name: Point Vicente Interpretive Center Lighthouse Lens&Hunting the Whale Exhibits
Grant#: MP1411-0
MUSEUM APPLICANT Donor
TOTAL Restricted
TASKS GRANT (IN-KIND)**
Funds**
Grant Elements
Non-construction(not to exceed 25%of grant)
Permits and CEQA $150 $0 $150 $0
Construction
Fresnel Lens Fabrication& Installation $35,000 $35,000 $0 $0
Hunting the Whale Fabrication &Installation $95,000 $95,000 $0 $0
Signage(two bronze plaques) $1,200 $1,200 $0 $0
Contingency(not to exceed 10%of grant) $13,120 $13,120 $0 $0
Grant Total $144,470 $144,320 $150 $0
Match Elements
Project Management(PVIC Staff) $24,024 $0 $24,024 $0
Planning/Design Management(Guest Curators) $16,000 $0 $0 $16,000
Planning&Design (Museum Consultants) $31,063 $0 $0 $31,063
Interior build-out for exhibition installation (includes costs
to move interior walls,add windows,electrical,&
ventilation as necessary to create space for updated
exhibits). $50,000 $0 $0 $50,000
AV and Media Hardware $15,000 $15,000
Contingency $13,609 $2,402 $11,206
Match Total $149,696 $0 $26,426 $123,269
GRAND TOTAL $294,166 $144,320 $26,576 $123,269
•
*Only direct project management costs are eligible;no overhead/indirect costs are reimbursable. In-service payroll may not
include a"billable rate"or administrative cost allocation.
**AII project expenditure documentation should be available for audit whether paid with grant funds or other funds.
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