HomeMy WebLinkAbout23F191 - PALM SPRINGS PLAZA THEATER RENOVATION1
CALIFORNIA ARTS COUNCIL
GRANT AGREEMENT
Grantee Name: City of Palm Springs
Project Title: Palm Springs Plaza Theater Renovation
Agreement Number: CIP-2022-16 (23F191)
Authority: Bill No. AB 179, Specified Funding FY 2022-23
Program: General Fund Designated Funding Grant Projects
PROJECT DESCRIPTION
Exhibit A
Originally built in 1936, the Plaza Theatre was used for film premieres and screenings, nationally
broadcast radio theatre and other performances. In 1991, the City of Palm Springs designated the
Plaza Theatre a Class I historic structure. It was later home to the critically acclaimed “The
Fabulous Palm Springs Follies” which closed in 2014.
Over the decades, the building deteriorated. Recently the City of Palm Springs entered into an
agreement with The Palm Springs Theatre Foundation, a non-profit organization formed to
initiate a fundraising campaign to restore the Plaza Theatre to its former glory.
TERMS AND CONDITIONS OF GRANT
Special Provisions
1. As conditions precedent to the State’s obligation to make any construction funding
available pursuant to this agreement, Grantee shall first provide evidence of
compliance with CEQA.
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2. As conditions precedent to the State’s obligation to make any funding available
pursuant to this agreement, Grantee shall first provide evidence of adequate land
tenure and evidence that the project will be operated and maintained for a minimum
of 25 years satisfactory to the State for all land to be improved under this agreement.
General Provisions
A. Definitions
1. The term "Act" means Bill No. AB 179 (2022).
2. The term “Acquisition” means obtaining a fee interest or any other interest,
including easements, leases, and development rights.
3. The term “Agreement” means this Grant Agreement.
4. The term “Application Guidelines” means the Procedural Guide for General Fund
Specified Grant Projects.
5. The term “Development” means improvement, rehabilitation, restoration,
enhancement, preservation, protection and interpretation or other similar
activities.
6. 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).
7. The term “Grant” or “Grant Funds” means the money provided by the State to the
Grantee in this agreement.
8. The term “Grant Agreement” means a contractual arrangement between the State
and Grantee specifying the payment of funds by the State for the performance of
specific project objectives within a specific project performance period by the
Grantee.
9. The term “Grantee” means an applicant who has a signed agreement for grant
funds.
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10. 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.
11. 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.
12. The term “Payment Request Form” means Invoice.
13. The term "Project" means the acquisition or development activity described in the
application as modified by Exhibit A to be accomplished with grant funds.
14. The term “Project Budget” means the State approved cost estimate included as
Exhibit A to this Agreement.
15. The term “Project Scope” means the description or activity for work to be
accomplished by the project.
16. The term "State" means the Secretary for California Arts Council or his/her
representatives, or other political subdivision of the State.
B. Project Execution
1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee
a sum of money (Grant Funds) not to exceed the amount stated on the signature
page in consideration of and on condition that the sum be expended in carrying out
the purposes 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 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
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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 General
Fund Specified Grant Project and is consistent with the intent cited in the original
Application.
If a grantee's project is disapproved on grounds related to the California Arts
Council’s CEQA determination, the grantee shall have the option of either: (1)
reimbursing the CAC 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. 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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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. Grant funds provided to Grantee under this agreement will be disbursed in a single
payment distribution for eligible costs. Payments are made as follows, but shall
not exceed in any event the amount set forth on the signature page of this
agreement:
a. A single distribution payment of the total contract dollar amount will be made
upon approval of the contract and submission of an invoice by the Grantee.
Grantee agrees to use any Grant Funds under the terms of this Agreement
solely for the Project herein described.
b. The Grantee shall place these Funds in a separate interest-bearing account,
setting up and identifying such account prior to the release of grant
funds. Interest earned on Grant Funds shall be used on the Project, as
approved by the State. Any overpayment of Grant Funds in excess of final
project costs shall be returned to the State within sixty (60) days of completion
of the Project or the end of the Project performance period as shown on the
signature page, whichever is earlier.
2. Payment Documentation:
a. A payment request must be submitted using a completed Payment Request
Form.
b. 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.
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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.
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 within ninety (90) days of project completion.
5. 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.
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6. 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.
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.
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.
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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.
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2. Grantee agrees that during regular office hours, the State and its duly authorized
representatives shall have the right to inspect and make copies of any books,
records or reports of the Grantee pertaining to this agreement or matters related
thereto. Grantee shall maintain and make available for inspection by the State
accurate records of all of its costs, disbursements and receipts with respect to its
activities under this agreement.
3. Grantee shall use applicable Generally Accepted Accounting Principles, unless
otherwise agreed to by the State.
H. Use of Facilities
1. 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 CAC 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 use the property for the purposes for which the grant was made and
shall make no other use or sale or other disposition of the property. This
agreement shall not prevent the transfer of the property from the Grantee to a
Public Agency, if the successor public agency assumes the obligations imposed by
this agreement.
3. If the use of the property is changed to a use that is not permitted by the
agreement, or if the property is sold or otherwise disposed of, at the State’s sole
discretion, 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.
4. 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.
5. The Grantee shall not use or allow the use of any portion of the real property as
security for any debt.
I. Nondiscrimination
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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.
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
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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 Director of the California Arts Council. 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 Director 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 Director’s decision, the
Grantee may appeal to the Governor’s office.
2. The Grantee must submit a letter of appeal to the Governor’s office explaining why
the Director’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 Director. The Grantee’s letter of appeal must be submitted
within ten (10) working days of the receipt of the Director’s written decision. The
Governor’s office 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 Governor’s office or designee shall be
final.
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O. Audit Requirements
Grant projects are subject to audit by the State annually and for three (3) years
following the final payment of grant funds. The audit shall include all books, papers,
accounts, documents, or other records of the Grantee, as they relate to the project for
which the grant funds were granted.
Please have Grantee’s Authorized Representative sign and date below, and return in
electronic format:
___________________________________________ ____________________
Scott Stiles (Date)
Grantee’s Authorized Representative
___________________________________________ ____________________
Jeff Ballinger (Date)
Grantee’s City Attorney
___________________________________________ ____________________
Brenda Pree (Date)
Grantee’s City Clerk
___________________________________________ ____________________
Kayla Unger (Date)
California Arts Council, Chief Deputy Director
Signature:
Email:
Signature:
Email:
Scott Stiles (Aug 29, 2023 08:49 PDT)
Scott Stiles
Scott C. Stiles
scott.stiles@palmspringsca.gov
Jeff Ballinger (Aug 29, 2023 10:54 PDT)
Jeff Ballinger
Jeffrey S Ballinger
jeff.ballinger@bbklaw.com
Brenda Pree (Aug 29, 2023 17:32 PDT)
Brenda Pree
Palm Springs Plaza Theater 29AUG23
Final Audit Report 2023-08-30
Created:2023-08-29
By:Margaret Durkin (margaret.durkin@arts.ca.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAq9oOYnOSim9-DB_oy_7GJ64aw0bXd4kf
"Palm Springs Plaza Theater 29AUG23" History
Document created by Margaret Durkin (margaret.durkin@arts.ca.gov)
2023-08-29 - 3:28:38 PM GMT- IP address: 104.220.117.13
Document emailed to Scott Stiles (scott.stiles@palmspringsca.gov) for signature
2023-08-29 - 3:30:23 PM GMT
Email viewed by Scott Stiles (scott.stiles@palmspringsca.gov)
2023-08-29 - 3:48:12 PM GMT- IP address: 47.176.125.90
Document e-signed by Scott Stiles (scott.stiles@palmspringsca.gov)
Signature Date: 2023-08-29 - 3:49:08 PM GMT - Time Source: server- IP address: 47.176.125.90
Document emailed to Jeff Ballinger (jeff.ballinger@bbklaw.com) for signature
2023-08-29 - 3:49:09 PM GMT
Email viewed by Jeff Ballinger (jeff.ballinger@bbklaw.com)
2023-08-29 - 5:52:53 PM GMT- IP address: 161.129.164.28
Document e-signed by Jeff Ballinger (jeff.ballinger@bbklaw.com)
Signature Date: 2023-08-29 - 5:54:35 PM GMT - Time Source: server- IP address: 74.116.243.2
Document emailed to Brenda Pree (brenda.pree@palmspringsca.gov) for signature
2023-08-29 - 5:54:36 PM GMT
Email viewed by Brenda Pree (brenda.pree@palmspringsca.gov)
2023-08-30 - 0:31:14 AM GMT- IP address: 47.158.202.28
Document e-signed by Brenda Pree (brenda.pree@palmspringsca.gov)
Signature Date: 2023-08-30 - 0:32:01 AM GMT - Time Source: server- IP address: 47.158.202.28
Agreement completed.
2023-08-30 - 0:32:01 AM GMT
SUNBELT®
RENTALS
Construction Notice Department
PO Box 1389, Simi Valley, CA 93062
Address Service Requested
4/4/2024
111111111111111111111111
SBR999 14051373
CITY OF PALM SPRINGS
3200 E. TAHQUITZ CANYON WAY
PALM SPRINGS, CA 92264
IMPORTANT NOTICE PLEASE READ CAREFULLY
_ THIS_IS NOT A LIEN
Enclosed you will find a notice that is being sent to you on behalf of Sunbelt Rentals, Inc. in regards to
the construction project known as PLAZA THEATER REHAB. - CITY PROJ. 418-04 and located at
128 SO. PALM CANYON DRIVE, PALM SPRINGS, CA 92262. PO # 23658A.. The name the person
or, company who contracted for the furnishing of equipment is 947908, BAYVIEW DEMOLITION.
It is important to note this notice and the amount listedis sent in order to comply with certain state
requirements that may exist and should not reflect in any way on the integrity or credit standing of
any of the known interested parties associated with this job.
If an amount is reflected on this notice, it is the total invoiced amount for all invoiced services as of the
date of this notice, however the amount reflected may not be due at this time depending on payment
terms.,... r, ...
The notice is merely a letter informing the owner of the property and/or general contr'actor that Sunbelt
Rentals, Inc. has supplied or will supply services, equipment and/or materials. Failure to ensure that their
vendor is paid may,result in a lien being placed on your property and you're paying twice for the
materials and/or services provided to you by the vendor listed this notice..I£you have paid or are about to
pay your contractor, ask them for a Release of Lien to ensure their vendor is paid at
lienrelease@sunbeltrentals.com .
We have attempted to verify the project's information prior to sending this notice. df there is a payment
bond related to the improvements or documents relating to the work of improvement being ordered by a
lessee/tenant, this is.a formal request by Sunbelt Rentals, Inc. for a copy of_said documents. If any of the
information contained in this notice is incorrect, or you are not associated with this job; -please contact us
immediately at NoticesgSunbeltRentals.com
If you require information regarding contractor payment status, please contact Sunbelt Rentals, Inc. at
8007508-4756 ext. 4435.
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