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HomeMy WebLinkAboutA6940 - COUNTY OF RIVERSIDECOUNTY OF RIVERSIDE EXECUTIVE OFFICE JAY E. ORR COUNTY EXECUTIVE OFFICER Dear Marcus, GEORGE A. JOHNSON CHIEF ASSISTANT COUNTY EXECUTIVE OFFICER ROB FIELD ASSISTANT COUNTY EXECUTIVE OFFICER ECONOMIC DEVELOPMENT AGENCY MICHAEL T. STOCK ASSISTANT COUNTY EXECUTIVE OFFICER HUMANRESOURCES ZAREH SARRAFIAN ASSISTANT COUNTY EXECUTIVE OFFICER HEALTHSYSTEMS PAUL MCDONNELL ASSISTANT COUNTY EXECUTIVE OFFICER COUNTY FINANCE DIRECTOR Congratulations on preparing a successful grant application for the City of Palm Springs! On Tuesday, November 15, 2016, the Riverside County Board of Supervisors unanimously approved your project. Awarded funds are based on the approved recommendations of the Coachella Valley Air Quality Advisory Committee, consisting of the Fourth District Supervisor and representatives from the Coachella Valley Association of Governments and the South Coast Air Quality Management District. Enclosed for your execution is the Grant Award & Authorization Agreement. Your request for funding has been incorporated into the Agreement as Exhibit A. Please sign all copies of the Agreement, and return them to our office for final execution at: County of Riverside Executive Office Attn: Steve Horn 4080 Lemon Street, 4th Floor Riverside, California 92501 Once the agreement has been fully executed we will return a copy to you. Should you have any questions or concerns, please contact me at (951) 955-1110. Sincere T - C 4L Ste e H n Principal Management Analyst County of Riverside Enclosures ROBERTT. ANDERSEN COUNTY ADMINISTRATIVE CENTER 4080 LEMON STREET • FOURTH FLOOR • RIVERSIDE, CALIFORNIA 92501 • (951) 955.1 1 10 • FAX (951) 955-1034 N GRANT AWARD & AUTHORIZATION AGREEMENT The County of Riverside (the "County"), and City of Palm Springs (the "Grantee") hereby enters into the following Grant Award & Authorization Agreement (the "Agreement"): RECITALS WHEREAS, the County issued a Request for Proposals for regional air quality enhancement projects, to be funded from the Coachella Valley Air Quality Enhancement Trust Fund; and WHEREAS, Grantee's accepted proposal is now known as the Plugin Electric Vehicle Purchase Project ("PROJECT"). WHEREAS, in response to the County's request, the Grantee submitted a proposal for a Coachella Valley Air Quality Enhancement Project, which was subsequently reviewed by the Coachella Valley Air Quality Advisory Committee and recommended for funding; and WHEREAS, on November 15, 2016, the Riverside County Board of Supervisors approved the recommendations of the Coachella Valley Air Quality Advisory Committee and authorized the County Executive Office to enter into an Agreement with the Grantee; NOW, THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the above premises and of the mutual covenants herein contained and for other valuable consideration, the parties hereto agree as follows: SECTION 1. PURPOSE The purpose of this Agreement shall be implementation and operation of a regional air quality enhancement program for the Coachella Valley. The Scope of Work to be performed by the Grantee pursuant to this agreement is attached hereto as Exhibit "A" and is incorporated herein by this reference. SECTION 2. ADMINISTRATION The County Chief Executive Officer (or his designee) shall administer this Agreement on behalf of the County. All reports, notices or other documentation shall be submitted to the County Executive Office at the address set forth in Section 12. SECTION 3. TERM The term of this Agreement shall be 18 months from the final execution date. The approved project must be completed within this term. Extensions of this time period may be requested in writing and sent to the address set forth in Section 12. Extensions of time are considered discretionary and are reviewed on a case -by -case basis. SECTION 4. ALTERATION No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. The Board of Supervisors and the County Executive Officer are the only authorized County representatives who may at any time, by written order, make alterations within the general scope of this agreement. SECTION 5. TERMINATION The County may terminate this Agreement upon thirty days written notice to the Grantee for any of the following reasons: (a) In the event the Grantee fails to perform the covenants herein contained at such times and in such manner as is herein provided; or (b) In the event there is a conflict with any federal, state, or local regulation, or rule rendering any of the provisions of the Agreement invalid or untenable; SECTION 6. DOCUMENTATION OF EXPENDITURES All expenditures made pursuant to the Agreement shall be properly supported by appropriate accounting documents, and such documents shall be maintained in accordance with accepted accounting principles, practices, and procedures. The Grantee shall maintain and keep available all such documents for a period of not less than five (5) years after its Final Report has been submitted to the County as required by Section 8 herein, and be available for audit by the County. SECTION 7. PAYMENTS (a) The total payment due to the Grantee under this Agreement is $25,000.00 which will be used to support the Project. (b) Payments shall be made to the Grantee quarterly upon receipt of invoice and approval of the quarterly performance and progress reports required in Section 8 below. Invoices for vehicle purchases must include proof of purchase and delivery. (c) The County Executive Office shall review invoices in a timely fashion, and submit them to the Auditor -Controller for payment. SECTION 8. REPORTS The Grantee shall submit quarterly performance and progress reports. The Final Report shall include an invoice for payment and be submitted within forty-five (45) days of the 18 month term, project completion, and/or vehicle purchase and receipt. In the event the project is completed prior to the end of the 18 month period, the Grantee need only submit reports for the quarters preceding the end of the project. 2 SECTION 9. INSPECTIONS The Grantee shall make available to the County for inspection and audit its records and data with respect to all matters covered by the Agreement. Inspections and audits may be made at any time after reasonable notice is given the Grantee. SECTION 10. INDEPENDENT CONTRACTOR The Grantee is, for purposes arising out of this Agreement, an independent contractor, and shall not be deemed to be an employee of the County. Grantee is not, and shall not be considered to be in any manner, an employee, agent or representative of the County. Personnel providing services under this Agreement on behalf of Grantee shall at all times be under Grantee's exclusive direction and control. SECTION 11. FAIR EMPLOYMENT PRACTICES The Grantee shall not discriminate in the hiring of persons to fulfill its requirements hereunder based on race, religion, national origin, sex, age, medical disability or marital status, exclude any person from participation in, deny any person the benefit of, nor subject any person to discrimination under any program or activity funded pursuant to this Agreement. SECTION 12. NOTICES Any notices required or desired by either party shall be addressed to the respective parties as set forth below and are deemed submitted one day after their deposit in the United States mail, postage prepaid: County County of Riverside Executive Office 4080 Lemon Street, 4th Floor Riverside, CA 92501 Attn: Steve Horn Grantee City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92264 Attn: Marcus L. Fuller SECTION 13. COMPLIANCE WITH LAW The Grantee shall comply with all Federal, State and local laws and regulations pertinent to its operations and the activities to be performed hereunder. The Grantee, its employees, and/or agents shall keep in effect any and all licenses, permits, notices, and certificates as are required thereby. SECTION 14. INCORPORATED MATTERS The Grantee expressly represents that all documents incorporated by reference herein, and matters within such documents, have been reviewed and understood. SECTION 15. ASSIGNMENT Neither this Agreement nor any part hereof shall be assigned by the Grantee without the prior written consent of the County. 3 SECTION 16. WAIVER OF PERFORMANCE No waiver by the County at any time of any of the provisions of this Agreement shall be construed as a waiver at any time thereafter of the same or any other provisions contained herein or of the strict and timely performance of such provisions. SECTION 17. INDEMNIFICATION The Grantee shall indemnify, and hold harmless the County, its Districts, their respective directors, officers, the Board of Supervisors, employees, elected officials and agents from any liability whatsoever arising from the negligence of the Grantee and relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. As part of the foregoing indemnity, the Grantee agrees to protect and defend at its own expense, including attorney's fees, the County, its Districts, their respective directors, officers, Board of Supervisors, employees, elected officials and agents in any legal action based upon any such alleged acts or omissions. SECTION 18. SEVERABILITY The invalidity of any provision in this Agreement as determined by a court of competent jurisdiction shall in no way affect, except as provided in Section 14, the validity of any other provision herein. SECTION 19. PARAGRAPH HEADINGS The paragraph headings herein are for the convenience of the parties only, and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement. SECTION 20. ENTIRE AGREEMENT This Agreement is intended by the parties hereto as the final expression of their agreement and understanding with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous agreements and understandings, oral and/or written, in connection herewith. This Agreement may be changed or modified only upon written consent of the parties hereto. [Balance of Page Intentionally Left Blank] 4 IN WITNESS WHEREOF, the parties below have caused their duly authorized representatives to execute the Agreement on theA day of A- 201 ATTEST: COUNTY OF RIVERSIDE Name: Alex Gann Title: Deputy County Executive Officer Date APPROVED 8Y CITY COUNCIL 1" I 4W CITY OF PALM SRINGS GRANTEE *Name.: David H. Ready, sq. Ph.D. Title: City Manager Date l l(o -44��4 - Name: Douglas Holland Title: City Attorney Date 601•oA6 • d V-�� Name: Kathleen D. Hart, MMC Title: Interim City Clerk Date �'1 •�1 Contract Company Name: Company Contact: Summary of Services: Contract Price: Funding Source Contract Term Contract Administration Lead Department: Contract Administrator: cu,) JVK,) CONTRACT ABSTRACT The County of Riverside Steve Horn To purchase one Electric Vehicle (Volt) $25,000.00 EV Grant County Funds (138-1270-58024) December 01, 2016 — June 30, 2018 Office of Sustainability / Assistant City Manager's Office Marcus Fuller / Staci Schafer / Daniel DeGarmo Contract Approvals C_C� 1 City ManagApproc�.xval Date: Agreement No TBD: TBA: AO V Contract Compliance Exhibits: Attached Signatures: Attached Insurance: N/A Bonds N/A Contract prepared by: County of Riverside Submitted on: December 27, 2016 By: Daniel DeGarmo