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HomeMy WebLinkAboutA7037 - COACHELLA VALLEY MOUNTAIN CONSERVANCY - CP #14-04 DUNN ROAD PROPERTY RESTORATION ?b Notice of Unrecorded Grant Agreement 2018-0035258 RECORDING REQUESTED BY: ) 01/29/2018 04:19 PM Fee: $ 0.00 City of Palm Springs ) Page t of 4 3200 East Tahquitz Canyon Way } Recorded in Official Records Palm Springs, CA 92262 ) County of Riverside Peter Aldana WHEN RECORDED, RETURN TO: Assessor-County Clerk-Recorder State of California ) 1111 I'1971 `1.M4 MOVIR711 111 Coachella Valley Mountains Conservancy ) Attn: Executive Director } 73-710 Fred Waring Dr., Ste. 112 ) Palm Desert, CA 92260 ) Space above tine for Recorder's use Project Name: Santa Rosa and San Jacinto Mountains Watershed K101 &Restoration Project (Dunn Road Property Restoration Project) 3850-P01-0008 Phase 2 County: Riverside APN(s): 635.060-011 NOTICE OF UNRECORDED GRANT AGREEMENT (WITH COVENANTS AFFECTING REAL PROPERTY) This Notice of Unrecorded Grant Agreement("Notice"),dated as of l nqu 19, 2011r is made by The City of Palm Springs ("Grantee") to provide notice of agreementsi3etween the Grantee and the Coachella Valley Mountains Conservancy ("Grantor")subdivisions of the State of California, affecting the real property described below. 1. The Grantor and the Grantee have entered into Agreement No. 3850-P01-0008 (Phase 2)("Grant'or"Agreement"),pursuant to which Grantor grants to Grantee certain funds for restoration of approximately 40.0 acres of real property located in the City of Palm Springs,County of Riverside, California (the"Property")and legally described in Exhibit A attached to this Notice and incorporated in it by this reference. Initial-capitalized terms used in this Notice and not otherwise defined shall have the meaning set forth in the Grant. 2. Grantee agreed under the terms of the Grant to execute this Notice to give notice that Grantee received funds under the Agreement to assist Grantee in the restoration of the Property and that, in consideration of the Grant Funds, Grantee has agreed to the terms of the Grants. The Agreement is hereby incorporated by reference into this Notice. 3. Grantee covenants and agrees as follows: 3.1 The Property shall be held and used for the purposes of habitat restoration and conservation of the land in Its current, undeveloped state but, permitting recreational or educational uses ONLY (including trails) that do not conflict with the habitat/cultural resource values of the Site. 3.2 Pursuant to the Exhibit H, "Additional Terms and Conditions "of the Agreement, the Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged or otherwise conveyed without the written approval,of Grantor or its successor, and the Property (including any portion of it or any Notice of Unrecorded Grant Agreement RECORDING REQUESTED BY: ' ) City of Palm Springs ) 3200 East Tahquitz Canyon Way ) Palm Springs, CA 92262 ) WHEN RECORDED, RETURN TO: State of California ) Coachella Valley Mountains Conservancy ) Attn: Executive Director ) 73-710 Fred Waring Dr., Ste. 112 ) Palm Desert, CA 92260 ) Space above line for Recorder's use Project Name: Santa Rosa and San Jacinto Mountains Watershed 1� �� &Restoration Project (Dunn Road Property Restoration Project) 1 3850-P01-0008 Phase 2 County: Riverside APN(s): 635-060-011 NOTICE OF UNRECORDED GRANT AGREEMENT (WITH COVENANTS AFFECTING REAL PROPERTY) This Notice of Unrecorded Grant Agreement ("Notice"), dated as of 1,onjg 201Y, is made by The City of Palm Springs ("Grantee") to provide notice of agreements etween the Grantee and the Coachella Valley Mountains Conservancy ("Grantor") subdivisions of the State of California, affecting the real property described below. 1. The Grantor and the Grantee have entered into Agreement No. 3850-P01-0008 (Phase 2)("Grant"or"Agreement"), pursuant to which Grantor grants to Grantee certain funds for restoration of approximately 40.0 acres of real property located in the City of Palm Springs, County of Riverside, California (the"Property") and legally described in Exhibit A attached to this Notice and incorporated in it by this reference. Initial-capitalized terms used in this Notice and not otherwise defined shall have the meaning set forth in the Grant. 2. Grantee agreed under the terms of the Grant to execute this Notice to give notice that Grantee received funds under the Agreement to assist Grantee in the restoration of the Property and that, in consideration of the Grant Funds, Grantee has agreed to the terms of the Grants. The Agreement is hereby incorporated by reference into this Notice. 3. Grantee covenants and agrees as follows: 3.1 The Property shall be held and used for the purposes of habitat restoration and conservation of the land in its current, undeveloped state but, permitting recreational or educational uses ONLY (including trails) that do not conflict with the habitat/cultural resource values of the Site. 3.2 Pursuant to the Exhibit H, "Additional Terms and Conditions "of the Agreement, the Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged or otherwise conveyed without the written approval of Grantor or its successor, and the Property (including any portion of it or any interest in it)may not be used as security for any debt without the written approval of the State of California, acting through Grantor or its successor. 3.3 Pursuant to Section 4, "Grantee Responsibility", of the Agreement, Grantee and its representatives shall faithfully and expeditiously perform or cause to be performed all Project work as described in Exhibit A. Work Plan, and in accordance with Exhibit B. Budget and Exhibit C. Schedule of the Agreement. 3.4 Pursuant to Section 9, "Default Provisions" of the Agreement, in the event of a Default specifically referenced in the Agreement, in addition to any and all remedies available under the Agreement, or at law or in equity, Grantor may seek specific performance of the Grant. In the event State finds it necessary to enforce this provision of this Grant Agreement in any manner provided by law, Grantee agrees to pay all costs incurred by the State including but not limited to, reasonable attorneys' fees, legal expenses, and costs. 4. Pursuant to Section 2, "Term of Grant Agreement" of the Agreement, the Grant shall remain in full force and effect until the Project Completion Date,with ongoing annual report obligations or when all of the Parties'obligations under this Grant Agreement are fully satisfied,whichever occurs later. 5. This Notice is solely for the purpose of recording and in no way modifies the provisions of the Agreement. Grantee and Grantor each has rights, duties and obligations under the Agreement, which are not set forth in this Notice. To the extent the terms of this Notice conflict with the Agreement, the terms of the Agreement shall govern and control. 6. The Agreement is on file with the Coachella Valley Mountains Conservancy, 73-710 Fred Waring Drive, Suite 112, Palm Desert, CA 92260 and the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. GRANTEE: City of Palm Springs c JaZvid:R;eaiy, City Manager APPROVED BY CITY COUNCIL T: rty Cl� 0 �i4 G+y O f' ngs ACKNOWLEDGMENT OF INSTRUMENT (Cal. Civil Code Section 1181) A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, orvalidity ofthat document. State of California ) County of Riverside ) Ss. City of Palm Springs ) On January 18, 2018, before me, ANTHONY J. MEJIA, CITY CLERK, CITY OF PALM SPRINGS, CALIFORNIA, personally appeared DAVID H. READY, who I personally know is the CITY MANAGER of the CITY OF PALM SPRINGS whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his official and authorized capacity on behalf of the City of Palm Springs, a California Charter City. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and the official seal of the City of Palm Springs, California, this 18'" day of January, 2018. 147ALM S'6 iy V N RRORni(O in'ae CqO F O IRt Signature: HO Y J MEJIA CLERK City of Pa ng , California Title or Type of Document: Notice of Unrecorded Grant Agreement, APN 635-060-011 EXHIBIT"A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE EAST '/ OF THE EAST '/ OF THE SOUTHEAST '/< OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY. THE REAL PROPERTY DESCRIBED HEREIN IS ALSO IDENTIFIED BY APN 635-060-011 i s Grant Agreement No. 3850-POI-0008 Ph2 Page 1 of 37 GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA (COACHELLA VALLEY MOUNTAINS CONSERVANCY)AND THE CITY OF PALM SPRINGS PROPOSITION 1 GRANT AGREEMENT Grant No.3850-POI-0008(Phase 2)IMPLEMENTATION THIS GRANT AGREEMENT is entered into by and between the Coachella Valley Mountains Conservancy of the State of California, herein referred to as the "State" or "CVMC" and the City of Palm Springs herein referred to as the "Grantee", which parties do hereby agree as follows: 1. PURPOSE. State shall provide funding from Proposition 1, the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Water Code section 79770 et seq.) to assist Grantee in financing its Santa Rosa and San Jacinto Mountains Watershed and Restoration Project (Dunn Road Property Restoration Project) as described more particularly in Exhibit A. Work Plan, and hereinafter collectively referred to as the "Project." 2. TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on the date this Grant Agreement is executed by State, and terminates on June 30, 2022 (the "Project Completion Date"),with annual report obligations until June 30,2038 or when all of the Parties' obligations under this Grant Agreement are fully satisfied, whichever occurs earlier. Execution date is the date the State signs this Grant Agreement. 3. GRANT AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed$484,100.00. a) Grantee agrees to provide matching funds(non-state)in the form of in-kind match credit. The City's acquisitions costs shall be considered match credit as well as their staff time which will be required to provide the ongoing long-term management and monitoring for the 40 acre property. b) Grantee may need funding in addition to the Grant Amount and the Local Cost Share to complete the Project. Grantee will be responsible for famishing or obtaining such funding, and while it will not be reviewed by the State for invoicing purposes, the Grantee shall maintain a record of all funding associated with the Project in accordance with Exhibit G. State Audit Document Requirements. 4. GRANTEE'S RESPONSIBILITY. Grantee and its representatives shall: a) Faithfully and expeditiously perform or cause to be performed all Project work as described in Exhibit A. Work Plan, and in accordance with Exhibit B. Budget and Exhibit C.Schedule. b) Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Grant Agreement,including all incorporated documents,and to fulfill all assurances, declarations, representations, and statements made by DUPLICATE ORIGINAL x Grant Agreement No. 3850-P01-0008 PN Page-2 of 37 Grantee in the application, documents, amendments, and communications filed in support of its request for funding from the CVMC Proposition 1 Grant Program. c) Fulfill its obligations under the Grant Agreement, and be responsible for the completion of the Project. d) Comply with the CVMC Proposition 1 Grant Program Guidelines (the "Guidelines") and all applicable California laws and regulations. 5. DISBURSEMENT OF FUNDS. State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of,or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds,pursuant to any federal statute or regulation. Any and all.money disbursed to Grantee under this Grant Agreement shall be used solely to pay Eligible Project Costs,as defined in Paragraph 6. 6. ELIGIBLE PROJECT COSTS. Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and the approved budget attached as Exhibit B, Budget (the "Project Budget"). Eligible Project Costs include the reasonable costs of studies, engineering, design, preparation of environmental documentation, environmental mitigations, monitoring, and project coordination and construction that are included in the Project Budget. Staff costs and expenses that are related to the Project and included in the Project Budget may be paid with grant funds. Work performed on the Project after the Project Completion Date shall not be eligible for reimbursement. Costs that are not eligible for reimbursement with State funds cannot be counted as Local Cost Share. Costs that are not eligible for reimbursement.include, but are not limited to the following items: a) Costs, other than those noted above,incurred prior to the award date of the Grant. b) Establishing a reserve fund. c) Replacement of existing funding sources for ongoing programs. d) Travel per diem. e) Cost of environmental mitigation for another project. 0 Support of existing agency requirements and mandates (e.g., punitive regulatory agency requirements). g) Payment of principal or interest of indebtedness or any interest payments. h) Administrative overhead. 7. METHOD OF PAYMENT. a) Grantee shall submit invoices for costs incurred, together with supporting documentation to the CVMC Project Manager identified in Section 16 below, including the original invoice form with signature (in ink) and date of Grantee's Authorized Project Representative. Invoices shall include only costs incurred for work performed in implementing the Project during the period identified in the Grant Agreement No. 3850-P01-0008 PIO Page 3 of37 particular invoice. Invoices shall be submitted no more frequently than monthly. b) Invoices shall be submitted on a form provided by the State and in any event shall meet the following format requirements: (i) Invoices must contain the date of the invoice, the time period covered by the invoice,and the total amount due. (ii) Invoices must be itemized based on the categories (i.e., tasks) specified in the Project Budget. The amount claimed for salaries/wages/consultant fees must include a calculation formula (e.g., hours or days worked times the hourly or daily rate=the total amount claimed). (iii) Documentation, reasonably satisfactory to State (e.g., receipts, copies of checks, time sheets, etc.), must be provided for all costs included in the invoice. (iv) A copy of the most recent project status report required by Paragraph 13, Submission of Reports. c) CVMC Project Manager will notify Grantee, in a timely manner, when, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not Eligible Project Costs or are not supported by documentation or receipts acceptable to State. Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to State to correct such deficiency(ies). If Grantee fails to submit adequate documentation correcting the deficiency(ies), State will reduce the pending invoice by the amount of ineligible or unapproved costs. d) State may, in its discretion, require a site visit to verify Project progress prior to processing an invoice. Grantee shall provide access by State upon 24 hours' notice to detemune if Project work is in accordance with this Grant Agreement, including a final inspection upon Project completion. e) After the CVMC Project Manager has confirmed that all above requirements have been met, State will disburse the funding to Grantee. 0 [X] Retention Required. If the box on this line is checked, State shall withhold five percent (5.0%) of the funds requested by Grantee on any invoice as retention to ensure completion of the Project. Release of the retention will occur when that Project is completed and Grantee has submitted the "Project Completion Report" required under Paragraph 13. 8. WITHHOLDING OF DISBURSEMENTS BY STATE. If the State determines that the Project is not being implemented in accordance with the provisions of this Grant Agreement, and if Grantee does not remedy any such failure to State's satisfaction, State may withhold from Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests in accordance with Paragraph 9(b)' Grain Agreement No. 3850-P01-0008 Ph2 Page 4 of 37 9. DEFAULT PROVISIONS.The Grantee is subject to the following default provisions: a) The Grantee will be in default under this Grant Agreement if any of the following occur: (i) Any breach of this Grant Agreement, or any amendment to it, or any other agreement between Grantee and State evidencing or securing Grantee's obligations. (ii) Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement. (iii) Failure to make any remittance required by this Grant Agreement. (iv) Failure to submit timelyprogress reports. (v) Failure to routinely invoice State. b) Should an event of default occur, State shall provide a notice of default to the Grantee and shall give Grantee at least thirty (30) calendar days to cure the default from the date the notice is sent to the Grantee in accordance with Paragraph 15, Notices. If the Grantee fails to cure the default within the time prescribed by the State, State may do one ormore of the following: (i) Declare all grant funds.previously disbursed to Grantee to be immediately due and . repayable,together with interest since the time of the first disbursement,which shall be equal to State of California general obligation bond interest rate in effect at the time of the default. (ii) Terminate any obligation to make future payments to Grantee. (iii) Terminate the Grant Agreement. (iv) Take any other action that it deems necessary to protect its interests. In the event State finds it necessary to enforce this provision of this Grant Agreement in any manner provided by law, Grantee agrees to pay all costs incurred by the State including but not limited to, reasonable attorneys' fees, legal expenses, and costs. 10. ONGOING PERFORMANCE MONITORING: After Project Completion, Grantee shall monitor the performance of the Project and provide for any required maintenance or repairs as provided more particularly in Exhibit H, Additional Terms and Conditions. 11. PERMITS,LICENSES,APPROVALS,AND LEGAL OBLIGATIONS.Grantee shall be responsible for obtaining any and all permits,licenses,and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall be responsible for observing and complying with any applicable federal, state, and local laws, rules or regulations affecting any such work. Grantee shall provide copies of permits and approvals to State. 12. RELATIONSHIP OF PARTIES. If applicable, Grantee is solely responsible for design, construction, operation and maintenance of the Project. State's review or approval of plans, specifications, bid documents, or other construction documents is Grant Agreement No.3850-P01-0008 Ph2 Page 5 of 37 solely for the purpose of proper administration of funds by State and shall not be deemed to limit the liability or responsibilities of Grantee under this Grant Agreement or applicable law. 13. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful performance of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar.prior to submittal to State. All reports shall be submitted to.CVMC's Project Manager. If requested, Grantee shall promptly provide any additional information deemed necessary by State for the approval of reports. Reports shall address the subjects set forth in the applicable portion of Exhibit F, Reporting Requirements. a) Progress Reports: Grantee shall submit Project progress reports at the beginning of every quarter, unless the State notifies Grantee in writing that more frequent reporting will be required. b) Proiect Completion Report: Grantee shall prepare and submit to State a Project Completion Report within ninety (90) calendar days of Project completion. Final disbursement or retention, if required pursuant to Paragraph 7(f) above, will not be disbursed until the Project Completion Report has been submitted and approved by the State. c) Annual Ongoing Compliance Report: Grantee shall prepare and submit to State an. Annual Ongoing Compliance Report on each anniversary of Project Completion for 16 years, unless a different term is set forth in Exhibit H, Additional Terms and Conditions. 14. GRANTEE OBLIGATIONS TO NOTIFY STATE. Grantee shall promptly notify State, in writing, of the following items: a) Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to State and State has given written approval for such change. Substantial changes generally include changes to the work plan, schedule or budget. b) Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by State's representative. Grantee shall make such notification at least fourteen (14) calendar days prior to the event. 15. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing.Notices may be transmitted by any of the followingmeans: a) By delivery in person. b) By certified U.S.mail,return receipt requested,postage prepaid. Grant Agreement No. 3850-POI-0008 Ph2 Page 6 of 37 c) By "overnight" delivery service; provided that next-business-day delivery is requested by the sender. d) By electronic mail. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given three(3) calendar days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices shall be sent to the addresses set forth in Paragraph 16. Either party may,by written notice to the other, designate a different address that shall be substituted for the one below. 16. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows: Coachella Valley Mountains Conservancy City of Palm Springs Jim R. Karpiak,Executive Director David Ready, City Manager 73-710 Fred Waring Drive, Suite 112 3200 East Tahquitz Canyon Way Palm Desert, CA 92260 Palm Springs, CA 92262 Phone: (760)776-5026 Phone: (760) 322-8380 E-mail:jkarpiak@cvmc.ca.gov E-mail: David.Ready@palmspringsca.gov Direct all inquiries to the Project Manager: Coachella Valley Mountains Conservancy City of Palm Springs Kerrie Godfrey, Project Coordinator Marcus Fuller 73-710 Fred Waring Drive, Suite 112 Director of Public Works Palm Desert, CA 92260 3200 East Tahquitz Canyon Way Phone: (760)776-5026 Palm Springs, CA 92262 E-mail: kgodfrey@cvmc.ca.gov Phone: (760) 322-8380 E-mail: Marcus.Fuller(@,Pahnsprin¢sca.aov f Grant Agreement No. 3850-P01-0008 Ph1 Page 7 of 37 NOTE: This agreement shall be binding upon Grantee and all designees, successors and assigns of Grantee. Either party may change its Project Representative or Project Manager upon written notice to the other party. 17. EXHIBITS. The following attached Exhibits are hereby incorporated into and made a part of this Grant Agreement by this reference: Exhibit A—Work Plan Exhibit B—Budget Exhibit C—Schedule Exhibit D—Standard Conditions Exhibit E—Authorizing Resolutions Exhibit F—Reporting Requirement Exhibit G—State Audit Document Requirements for Grantees Exhibit H—Additional Terms and Conditions IN WITNESS WHEREOF,the parties hereto have executed this Grant Agreement. STATE OF CALIFORNIA CITY OF PALM SPRINGS COACHELLA VALLEY MOUNTAINS CONSERVANCY J' Carpiak, Executive Di ector1 David Ready, City Date: Date: Awl ATTEST: 17wkr vW. City Clerk RBV D O FORM CITY ATTORNEY APPROVED BY CITY COUNCIL ATOP Grant Agreement No. 3850-P01-0008 Ph2 Page 8 of 37 EXHIBIT A WORK PLAN Grantee shall complete the restoration work summarized below and described -more particularly in the City of Palm Spring's grant application dated, 11/2015, Grant Agreement, dated 04/2017 and the Tera Nova Restoration Plan dated 12/2016. Grantee is . required to comply with CEQA and the Notice of Exemption filed by Grantee on 1/26/2017 at all times. All above referenced documents are on record with the CVMC and the Grantee and are hereby incorporated by this reference. Summary of Work Plan: On.approximately 2 acres of the Site, household waste has'been mixed into the soil ranging in bands ranging from 6 inches to 1.5 feet deep. Other smaller areas have a thinner approximately 2 inch layer of household debris, irrigation tubing or piles of debris. Also, numerous dead trees from the old orchard remain. All of the above need to be removed and transported for legal disposal. One 55 leaking drum containing petroleum exists and has impacted the surrounding soil. This is a "Recognized Environmental Condition" and will require cleanup and disposal in accordance with hazardous waste regulations. Six previously undocumented archeological artifacts were discovered on the Site, including one Native American site, one historical site and four Native American isolated artifacts. The two sites will be preserved on site with historical signage, and the isolates will receive permanent curation in accordant with federal regulations. The work and curation will be supervised by the Agua Caliente Trail Historic Preservation Office. Due to the agricultural use and historic dumping, the natural habitat values of the Site have been diminished. As the Site is within the modeled habitat for the peninsular bighorn sheep and Grays vireo, once the waste is removed, most nonnative plants will be removed, the natural topography will be recreated (i.e., contours established and ephemeral channels re-connected to enhance stormwater flow into the aquifer) and reseeding of native plants and planting of a limited number of container plants will occur. The cleanup and restoration work shall be done over a period of several months; the goal is to seed and install a limited number of native container plants (e.g., cactus, agave and yucca) in winter of 2017-18. The work and debris removal would be supervised by appropriate environmental professionals and tribal cultural monitors to assure compliance with regulations and best practices. The City would be responsible for obtaining consents from adjacent property owners to traverse and transport waste over their lands, as well as for proper disposal of the waste. Also, the City would monitor the natural progress of the restored portions of the Site for a minimum of five years with ongoing management and monitoring of the entire property in perpetuity. Annual reports monitoring reports shall be provided to the CVMC through June 30, 2038. The entire Site shall be covered by a Notice of Unrecorded Grant Agreement (NUGA) in the format included herein as Exhibit I; the Grantee shall record this NUGA as a separate document requiring the land to be conserved in perpetuity but permitting recreational or educational uses ONLY (including trails) that do not conflict with the habitat/cultural resource Grant Agreement No. 3850-P01-0008 Ph2 Page 9 of 37' values of the Site. WORK PLAN TM Site Assessment 31 as$ *rf TaskaDescphon Prod es uctnr Rult's T,imeframe: 1 In concert with the.Friends of the Desert Site description NTP+3 months Mountains,initiate formal assessment of the site fncludingsite description and history 2, ContractTor soil testing at site to determine Soiltest,results NTP+3months extent and nature of soil contamination 3. Develop Request for Proposal(RFP,)for civil RFP NTP+'9 months engineering"services to prepare formal scope of work for site cleanup and restoration, 4, Award contract and work with civil Site Cleanup and NTP+12 months engineer to develop Site,Cleanup and Restoration Plan Restoration Plan Site cleanup and Remediatiion —Task,` + Ta'sk'Description Pro$uet or Results 'Timeframe 51 Develop bid package for implementation of Bid package: NTP+;15.months Site Cleanup and Restoration Plan; 6. Solicit and score bills;award contract(s) Executed contract NTP+18 months with qualified contractor. 7. Begin removal of waste substances and Site cleanup NTP'+'21 months trash 8, Begin site restoration_;complete' Site rerriediation NTP+21 months construction Grant Agreement No. 3850-P01-0008 Ph2 Page 10 of 37 awo- " r't .r.. Site Maintenance ° Task' 1' "Sask�De-s"cnpttom" Product oriResglts .Tiiu fr Meg 9. Design,procure and install signage to deter Site.Protection NTP+21.months future dumping 10. Maintain site Site Protection NTP+30months Public Education and'Outreach Task Task Descrtptton ' P,raductor""Results iimeframe 11. Develop publiceducation plan Education and NTP+10 months Outreach Plan 11 Implemen t education and outreach Predetermined NTP+21months activities activities Project Administration f Task LiTnsk Desenptton Product os Results Tmeframe. =- �... _� ,_, . a__ _z __ '13. Initiate photo and video documentation of' Outreach NTP+3'months project 14. Gather data and evaluate project Project Evaluation NTP+21 months 15'. Assemble andsubmit.invoices Invoices NTP+22months 16_ Develop and submitFinailteport Final Report NTP+24 months Grant Agreement No. 3850-P01-0008 Ph2 Page 11 oj37 EXHIBIT B BUDGET PROJECT COSTS: Cultural Resources Phase II Site Investigation and Curation $20,000 Tribal Monitor $10,200.00 Subtotal $30,200.00 Hazardous Materials Remediation Environmental Labor Preparation for Remedial Actions (PM) $1,440.00 Preparation for Remedial Actions (Tech) $720.00 Oversight of Debris Removal (PM) $1,920.00 Oversight of Debris Removal (Tech) $6,600.00 Travel to site (PM) $720.00 Travel to site (Tech) $1,320.00 Project Coordination (PM) $2,400.00 Final Report (PM) $1,920.00 Subtotal $17,040.00 Equipment & Supplies Environmental Meters $220.00 Gloves, ice, etc $275.00 Truck Use $550.00 Subtotal $1,045.00 Chemical Analyses.(soil) TPH using EPA Method 8015 $450.00 VOCs using EPA Method 8260B $510.00 Metals using EPA Method 6010 $660.00 Subtotal $1,620.00 Contractor Costs Meetings & preparation $2,400.00 Daily Labor $4,950.00 \Ji Grant Agreement No. 3850-P01-0008 Ph2 Page 12 oj37 Activity Amount Daily Small Equipment`& Supplies $1,650.00 Soil drum removal & disposal $840.00 Drum Removal Fuel Surcharge $70.00 Equipment Mobilization/Demobilization $5,000.00 Equipment Use S22,000.00 Debris Transportation &Disposal S196,625.00 Subtotal $233,535.00 Biological Restoration Primary Mapping & Staking . $5,160.00 Removal of Infrastructure & Dead Plants $6,500.00 Seed and Plant Collection $9,500.00 Site Contouring & Hydro. Connectivity $61,000.00 Seeding S68,000.00 Container Plant Installation $12,000.00 Maintenance & Monitoring (5 years) $38,500.00 Subtotal $200,660.00 Grand Total $484,100.00 Grant Agreement No. 3850-POI-0008 Ph2 Page 13 of 37 EXXHIBIT C SCHEDULE Tasks Start End Duration Date Date (Months) Cultural Resources January June 6 2018 2018 Hazardous Material Remediation January June 6 2018 2018 Biological Restoration January June. 6 2018 2018 Performance Monitoring Plan Reporting June June Every 2018 2022 3 mos. Annual Monitoring and Management Report June June wally (Exhibit J) 2022 2038 4 Grant Agreement No. 3850-P01-0008 Ph2 Page 14 of 37 EXHIBIT D STANDARD CONDITIONS D.1) ACCOUNTING; DEPOSIT OF FUNDING; DISBURSEMENT: a) Separate Accounting of Funding Disbursements and Interest Records: Grantee shall account for the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times. b) Fiscal Management Systems and Accounting Standards: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Grant Agreement. c) Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be deposited, administered, and accounted for pursuant to the provisions of applicable law. d) Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Grant Agreement and were not used to pay Eligible Project Costs within a period of sixty(60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant Agreement,whichever comes first. D.2) AMENDMENT: This Grant Agreement may be amended at any time by mutual written agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. State shall have no obligation to agree to an amendment. D.3) AMERICANS WITH DISABILITIES ACT: By signing this Grant Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C, section 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. DA) APPROVAL: This Grant Agreement shall be of no force or effect until signed by all parties. Grantee may not submit invoices or receive payment until all required signatures have been obtained. D.5) AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant Agreement and the completion of Projects, with the costs of such audit borne by State. After completion of the Projects, State may require Grantee Grant Agreement No. 3850-P01-0008 Ph2 Page 15 of 37 to conduct a final audit to State's specifications, at Grantee's expense, such audit to be conducted by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may elect to pursue any remedies provided in Paragraph 9 or take any other action it deems necessary to protect its interests. Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant Agreement with respect to all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after Project completion or final billing, whichever comes later. D.6) BUDGET CONTINGENCY: If the State Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for the Proposition 1 Grant Program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant Agreement. In this event, State 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. Nothing in this Grant Agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act, State shall have the option to either cancel this Grant Agreement with no liability occurring to State, or offer a Grant Agreement amendment to Grantee to reflect the reduced amount. D.7) CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Grant Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the State's Project Manager, within thirty (30) days of the Grantee's knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution. D.8) COMPETITIVE BIDDING AND PROCUREMENTS: If Grantee is a public entity, Grantee shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations in Grantee's contracts with other entities for acquisition of goods and services and construction of public.works. If Grantee is a non-profit organization or tribe, Grantee shall comply with any applicable law or policy in its procurement activity, but in all cases procurement shall be fair and reasonable as determined by the State. D.9) COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. D.10)CONFLICT OF INTEREST: All participants are subject to State conflict of interest laws. Applicable statutes include, but are not limited to, Government Code section Grant Agreen+ew No. 3850-POI-0008 Ph2 Page 16 oj37 1090 and Public Contract Code, sections 10410 and 10411. D.11)DELIVERY OF INFORMATION, REPORTS AND DATA: Grantee agrees to expeditiously provide throughout the term of this Grant Agreement, such reports, data, information, and certifications as may be reasonably required by State. D.12)ENVIRONMENTAL COMPLIANCE: Activities funded under this Grant Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA) (Public Resources Code section 21000 et seq.) and, if applicable, the National Environmental Policy Act(NEPA). D.13)GRANTEE COMMITMENTS: Grantee accepts and agrees to comply with all terms, provisions, conditions and commitments of this Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by the Grantee in the application, documents, amendments, and communications filed in support of its request for funding. D.14)GRANTEE NAME CHANGE: Approval of the State's Project Manager is required to change the Grantee's name as listed on this Grant Agreement. Upon receipt of legal documentation of the name change the State will process an amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment. D.15)GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. D.16)INDEMNIFICATIONANSURANCE: a) Grantee will agree to defend, indemnify, and hold harmless CVMC and the State of California, their contractors, officers, directors, agents or employees against any and all claims, liability, demands, damages, debts,judgments, costs, or expenses, including reasonable attorney's fees, arising out of or in any way connected to the Grantee's actions, omissions, or other conduct relating in any way to this Grant Agreement and the Project, including, but not limited to, any such losses, damages, or expenses arising out of(a) loss of or damage to the Project, (b) injury to or death of persons. b) During the term of this Agreement, Grantee shall maintain, and require its contractors or subcontractors to maintain, insurance in accordance with State's standard requirements, naming the CVMC and the State and their officers, agents and employees as additional insured on their liability insurance for activities undertaken pursuant to this Agreement. Grantee shall provide State with certificates of coverage prior to commencing work. D.17)INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. D.18)INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Grant Agreement or matters related hereto. Each of the parties Grant Agreement No. 3850-P01-0008 A2 Page 17 of 37 hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests. D.19)INVOICE DISPUTES: In the event of an invoice dispute, payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. Any claim that Grantee may have regarding the performance of this Grant Agreement including, but not limited to claims for additional compensation or extension of time, shall be submitted to the CVMC Project Manager within thirty (30) days of Grantee's knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to the Grant Agreement to implement the terms of any such resolution. D.20)MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibit A. Work Plan, which concern the budget and schedule without formally amending this Grant Agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in any increase in the amount of the State Grant Agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Grant Agreement. Requests for non-material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the CVMC Project Manager in writing. D.21)NONDISCRIMINATION: During the performance of this Grant Agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, gender identity, sexual orientation, race, color, ancestry, religion, creed, national origin, disability, age (over 40), marital status, and denial of medical and family care leave or pregnancy disability leave. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant Agreement. D.22)OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action to be based upon,judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion,judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. D.23)PREVAILING WAGES: Prevailing Wages as required by the California Labor Code shall be paid for all work procured with funding under the Grant Agreement, except to the extent work is performed by volunteers or employees of the State Conservation Corps or a certified local conservation corps. Grant Agreement No. 3850-P01-0008 Ph2 Page 18 of 37 D.24)PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage; hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee to meet its obligations under this Grant Agreement, without prior written permission of State. In the event of any violation of this provision, State may require repayment of all grant funds disbursed under the Grant Agreement in accordance with Paragraph 9 (b). D.25)REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. D.26)RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act, Government Code section 6250 et seq. Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose. D.27)SEVERABILITY: Should any portion of this Grant Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant Agreement shall continue as modified. D.28)STATE REVIEWS: The parties agree that review or approval of projects applications, documents, permits, plans, and specifications or other project information by the State is for administrative purposes only and does not relieve the Grantee of their responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Projects. D.29)SUSPENSION OF PAYMENTS: This Grant Agreement may be subject to suspension of payments or termination, or both, and Grantee may be subject to debarment from state contracts if the State determines that: a) Grantee, its contractors, or subcontractors have made a false certification, or b) Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant Agreement. D.30)SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved in writing by State and made subject to such reasonable terms and conditions as State may impose. D.31)TERMINATION BY GRANTEE: Subject to State approval which may be Grant Agreement No. 3850-P01-0008 Ph2 Page 19 of 37 reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide reasons for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date. D.32)TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 9, the State may terminate this Grant Agreement and be relieved of any payments should Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein. D.33)TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause upon thirty (30) days written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination. D.34)THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein. D.35)TIMELINESS: Time is of the essence in this Grant Agreement. D.36)TRAVEL: Grantee agrees that travel per diem costs shall not be eligible for reimbursement with grant funds. D.37)WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either parry may waive any of its rights under this Grant Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in fall force and effect. D.38)WORKERS' COMPENSATION: Grantee affirms that it is aware of the provisions of Section 3700 of the California Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and Grantee.affirms that it will comply with such provisions before commencing the performance of the work under this Grant Agreement and will make its contractors and subcontractors aware of this provision. 7 , Grant Agreement No. 3850-P01-0008 Ph2 Page 20 of 37 EXHIBIT E CVMC AND GRANTEE AUTHORIZING RESOLUTIONS RESOLUTION 2017-08 OF THE GOVERNING BOARD OF THE COACHELLA VALLEY MOUNTAINS CONSERVANCY •, :ADOPTED IN REGULAR SESSION MARCH 13,2017. APPROVING A PROP,OSITIONA LOCAL ASSISTANCE GRANT TO THE -'< ;; -- ^—CITY"OF PALM SPRINGS FOR ITS SAN JACINTO MOUNTAINS WATERSHED ACQUISITION' &RESTORATION PROJECT WHEREAS, Public Resources Code Section 33501 created the Coachella Valley Mountains Conservancy-for the purpose, among other things, of acquiring and holding,. in perpetual open space,'mbuntainous lands surrounding the Coachella Valley and :> natural community conservation lands, and to provide for the protection of natural and cultural resources and.the public's enjoyment thereof;and WHEREAS, Public Resources Code Section 33601(e) provides that the Conservancy— may"in order to further the conservancy's purposes as set forth in Section 33501,• award grants, to cities, counties, resource ,conservation districts, or nonprofit' organizations....";and - WHEREAS, in accordance with the Water Quality, Supply; and Infrastructure Improvement Act of 2014 (Proposition 1), the Conservancy operates its Proposition 1 Grant Program,which funds projects of local public agencies or nonprofit organizations that Implement California Water Action Plan in the Coachella Valley;and WHEREAS,on July 15, 2015,the Conservancy issued its Notice of Funding Availability - 15-01 (NOFA 15-01) for watershed restoration and acquisition and water related Infrastructure projects that are eligible for funding under Its Proposition 1 Grant Program Guidelines(Guidelines);and WHEREAS,the City of Palm Springs (City) is a municipal corporation existing under Rs ' charter and the laws of the State of California, and is therefore a public agency eligible to receive funding under Proposition 1;and WHEREAS,in fulfilling its obligations to,provide for the public health,safety and welfare of its citizens,the City has been very active in preserving the quality of the environment and in conserving natural and recreational resources within the City;and, WHEREAS,the City wishes to restore portions of a City-ovmed,4D acre parcel.located on the southern limits of Palm Springs on Dunn Road near State.Route 74.(Site); a formei agricultural parcel that has been contaminated by debris;including household . waste and some hazardous waste, for preservation as open space and enhanced wildlife habitat;and Grant Agreement No.3850-POI-0008 Ph2 Page21 of37 CVMC Resolution No.2017-08 Morch 13,2017 Page2oN - `-WHEREAS;-`becsuse the She;_lles''at-the headwaters of the Paint Canyorr:Wish," -cbntaminatlon from the debris field'seeps into Palm Canyon, and,the'Otys restoration efforts(the'Project)would remove threats to the watershed, especially its'water'quality +- in the aquifer below and the associated habitat for protected species.-of animals-and- WHEREAS, the City submitted a'Proposfion 1 local assistance'&nVappiicailo6 for funding in an'ar0ount not to exceed"a484,100(the Grant)to implementthe'Project'•and' WHEREAS,*by removing contaminants from the water seeping into the alluvial plain at the headwaters 'to'the-Palm Canyon Watershed, the Project would .,,reduce ',"contamination of water flowing into the aquifei and contribute'to,improved,waterquality,, which fulfills the,-Proposition 1 objectives of Public Resources Code.section•79732i (a)(11);and ':.WHEREAS, by removing waste material and restoring native habitat on,a"forty acre footprint In the Santa Rosa Mountains,.the Project will preserve and maintain watershed areas of Palm Canyon Wash that are used'by endangered or threatened species, including peninsular bighorn sheep and other protected, species, which fulfils.the ' Proposition 1 objectives of Public Resources Code sec.79732(a)12); -WHEREAS, by removing contaminants'that can unleash toxins Into the airstream which . can result in greenhouse gas production; air pollution and irreparable harm.to native . animals and plants,and by retaining the area as permanent open space,the Project will serve as a deterrent against the rapid effects of climate change on Southern California's communities,which fulfills the Proposition 1 objectives of Public Resources Code sec.. - 79732(a)(9);and WHEREAS, by preserving as open'space a scenic parcel in a National Monument that has environmental and historical significance and providing a potential. new hiking: destination drawing'tourist, educators and enthusiasts to the area; the Project will support the local economy, which fulfills the Proposition 1 objectives of Public. Resources Code sec..79732(a)(1);and WHEREAS, restoration of the Site is a Project with a useful life in excess of 20 years, and therefor complies with requirements for use of capital funding under Proposition 1 and applicable bond laws;and WHEREAS, It is in furtherance of the Conservancy`s purposes as established In Public Resources Code Section.33501 and the implementation of the CoachellaNaliey Multiple Species Habitat Conservation Plan to award Grant;and WHEREAS,the Conservancy wishes to authorize a local assistance grant to the City In the forth of Grant for the implementation of the Project;and ` Grant Agreement No. 3850-P01-0008 Ph2 Page 22 of 37 CVMC Resolution No.2017.08 Iyfarchl3 2017 page a of 4' WHEREAS,the Project is categorically exempt'irorn,CEOA review,pursuanhto`CEOA::• Guidelines Sections 15308' (Actions byi Regulatory-Agencies for •Protection:;of:the e'c:• , -: 'Environment);,.15313•(Acquisiton of-Lands:for.Wildlife Conservation_P.urposes)tand: 15330(Minor Actions to Prevent,.Mfoimizei Stabilize,-Mitigate or Eliminate:the Release.• :• r or Threat of Release of Hazardous Waste.or Hazardous Substances),'and the'City filed a Notice of Exemption on January 26,2017 for the Project;and. NOW, THEREFORE;be it tresolved'in regular.session of the Governing'Board bf the Coachella Valley Mountains Conservancy that the Board finds and determines,that the Project meets the objectives of the Califomia Water Action Plan;and-Proposition 1; including but not limited to those objectives set forth in Public Resources Sections 79732(a)(11).Jg732(a)(12);79732(a)'(9)and 79732(a)(1);and ' BE IT FURTHER RESOLVED that the Board finds and determines that,the Grant complies with the requirements of the Conservancy's Proposition 1 Grant Program Guidelines and is consistent with the Implementation of the Coachella Valley Multiple Species Habitat Conservation Plan; BE IT FURTHER RESOLVED that the Board approves a local assistance grant to the City of Palm Springs.(Grantee)in an amount not to exceed $484,100.00 for the Project; and BE IT FURTHER-RESOLVED that a condition.of the grant is that the Grantee shall enter into a Proposition 1 Local Assistance Grant Agreement with the Conservancy, which shall contain provisions requiring the following: ` 1. That the Grantee will agree to defend, Indemnify, and hold harmless the Conservancy and the State of California, its contractors, officers, directors, agents or employees against any and all claims, liability, demands; damages, debts, judgments, costs, or expenses, including, reasonable attomeys:.fees; arising out of or-in any way connected to the Grantee's actions, omissions, or other conduct relating in any way to this agreement and the activities funded by the Grant, including, but not limited to, any such lasses, damages, or expenses arising out of (a) loss of or damage to property, and (b) injury to or death of persons; 2. That the Grantee must complete the cleanup and restoration work contemplated- by the Grant no later than June 30, 2018, unless the Conservancy agrees in writing to an extension; 3. That should the Grantee violate the Grant Agreement in any material way, and fail to cure such violation upon written notice from the Conservancy as provided in the Grant Agreement,the Grantee shall reimburse the Conservancy for the full, amount of the Grant within thirty (30) days of a written demand from the- Conservancy to do so; Grant Agreement No. 3850-POI-0008 Ph2 Page 23 of37 CVMC Resolution No.2017.08 Morch 13,2017 . ( - Page 4of4 :a 4. ThatAhe.Grantee shall maintain accounting'records of.how the grant-sumitivasi.r: spent for*a :peii6d.of•three`years:and:shall make-such records.available for. inspection by^the Conservancy or the Deparhnent of Finance upon.request_by. either agency, 5. That the Conservancy shall review and.approve'all material changes to theUtork contemplated by the Grant-as described In,the grant application prior.to:their implementation;and 6. Thateny unused grant funds must be returned to the Coachella Valley Mountains. .; , Conservancy,.along with any accrued interest, not later than one month after the project completion date. 7. That the Grantee shall record a conservation easement or'.other instrument- approved by the Conser/ancy requiring that the Site be held in perpetuity for conservation purposes.. BE IT FURTHER RESOLVED that the Board hereby authorizes its Executive Director,-.. . or in his absence the Board Chairman, to execute any and all documents necessary to effect the grant: PASSED; APPROVED,AND ADOPTED at a regular meeting of the Coachella Valley Mountains Conservancy Governing Board, held on this 13th day of March,2017, by the'. following vote,to wit: AYES: B. Crites,J. Donnelly, K. Fitzpatrick,S. Kaplan, P. Kemp, E.Konno,A. Muth, L. Olinger,E:Ortega,J.Taylor, E.L.Trover,S.M.Weber,T.Weill. NOES: None: .' ABSTENTIONS:None. ABSENT: R. Balocco, A. Delgado, K. Dice, K. Messaros, G. Miller, C. Mills, B. - Sanchez;A.Zavala. Ted Weill,Chairman Coachella Valley Mountains Conservancy . 1 Grant Agreement No. 3850-POI-0008 Ph2 Page 24 of 37 RESOLUTION NO.23903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AND AUTHORWNG SUBMITTAL OF APPLICATIONS FOR GRANT FUNDS FROM THE COACHELL:A VALLEY MOUNTAINS CONSERVANCY PROPOSITION 1 PROGRAM,AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL SUCH APPLICATIONS AND AGREEMENTS. WHEREAS,The Coachella Valley Mountains Conservancy,(the"Conservancy, was established by California Public Resources Cade Section'.33501 in 1991 to protect the natural and cultural resources of the Coachella Valley and Its surrounding mountains, which include the San Jacinto and Santa Rosa Mountains National Monument and portions of Joshua Tree National Park;and WHEREAS, The Conservancy has a history of working efficiently with.federal _ agencies, Riverside County, local cities and numerous nonprofit organizations to preserve open space, wildlife, scarce water resources and histotleal artifacts through conservation land acquisition, habitat management or restoration, and educational and recreational opportunities for residents and visitors;and WHEREAS, Proposition 1, the `Water Quality, Supply, and Infrastructure Improvement Act of 2014,"'was enacted by the voters on:November 4,2014,to provide a comprehensive and fiscally responsible approach for addressing the array of challenges facing Caiforne's limited water resources;and WHEREAS; Proposition 1 .provides funding to implement the three objectivesbf. . the California Water Action Plan, namely, more reliable water supplies, the restoration of important species and habitat,and a more resilient and suatainably managed water Infrastructure;and WHEREAS, under Chapter 6 of Proposition 1,.the Conservancy received an allocation of$10 million to fund multi-benefit water quality,watersupply,and watershed protection and restoration projects,that benefit the Coachella Valley;and WHEREAS,on May 11,2015,the Conservancy adopted the Proposition 1 Grant Program Guidelines, (the °Guidelines"), establish the process to be used by the Conservancy to solicit applications,evaluate proposals and award grantsof Proposition 1 funds;and - WHEREAS, the Conservancy anticipates making $2.5 million available for eligible projects in fiscal year 2015-16,°and approximately$20 million per year tar the next tour fiscal years;and Grant Agreement No. 3850-P01-0008 Ph2 Page 25 of 37 Resolution Ao:,23sea Page^Z.,. -. WHEREAS, the Conservancy will administer one or more competitive cycles each fiscal year through the issuance of a notice of funding availability('NOFA°),and applicants must submit a Conservancy. Proposition 1 grant.application package in accordance with the requirements of a NOFA to be oonsidered;and WHEREAS,the Guidelines require that applleahts provides resolution,motion or similar action thathas'been duly adopted or.passed as an official act of the applicant's governing body authorizing the filing of the application,including all understandings-and assurances contained therein,and directing and authorizing the person Identified as the official,representative of the applicant to,act in connection with the-application and to provide such,additional information as maybe required;and WHEREAS,the-City Intends to apply to the--Conservancy for Proposition 1'grant funding for the,following two Watershed.Restoration Projecls'. 1) Tahqutz Creek Gateway Triangle'Parcel,City Project No, 14-16— this project,ts located as shown In Figure 1, and'includes redevelopment of an existing paved remnanCpareet located at S. Palm Canyon Drive and Sunny Dunes Road that accepts siormwater runoff from the surrounding. Industrial neighborhood and conveys It via drainage swaletdirectfyto Tehquitz Creek.This project Includes a now drainage system with oiilwatersand separator clarifier to,treat pollutants from the. stormwater runoff prior to discharge to Tahqultz Creek. 'Grant funds requested: $50,000 '2) 40-Acre'Agricultural Parcel Clean-Up&,RemediationPmject this,projact'proposea to remediate hazardous materials illegally disposed on a 40-acre agricultural parcel located in the southern portion of the Citys limits In'Ihe:Ptnyon Pines area, off,of Dunn's Road, as shown in Figure 2, This parcel is located in an environmentalty sensitive area at the top of the watershed to Palm Canyon Wash; sformwatof passing over this property has the potential to percolate,through the hazardous materials and contaminate the underlying aquifer—which''Is'at;the headwaters of he Palm Canyon Wash.Grant funds requested:'$885,000 NOW,,THEREFORE,BE IT RESOLVED THAT THE'CITY COUNCIL OF THE CITY OF-PALMISPRINGS HEREBY DECLARES THE FOLLOWING: 1. The City'Council hereby supports the submittal of appileatians to the Conservancy for the Tahquitz Creek Gateway Triangla Parcel,City Project No.14-16,and tot the, 40=Acre'Agricultural Parcel Clean-Up&Remedfetien Prof ect. 2. The CityManager,.or, designee; Is hereby,authorized and empowered to exeauta.in the name of the City of Palm Springs all grant documents;;including but not rimited to;.appiieaiians,.agreements,amendments and,requests'for.payment,necessary to, secure grant funds and Implement the epproved g,r ant projects, Grant Agreement No.3850-P01-0008 Ph2 Page 26 of 37 Resalutlon No.23903 Page 3 -.. ' 3. Pursuant to the authorization herein Section 2, the City Manager, or designee, possesses legal authority to apply for the grants, and to.implement the proposed. projects,and is hereby identified as4he official representative,of the City of Palm Springs to act In connection with the applications and to,provide such additional information as may be required: .. 4. The City of Palm Springs will cause the projects to be'Implemerited'in accordance with the schedule;budget and conditions contained in its grant proposals.Where the project Includes land acquisition, the property shall be maintained in perpetuity for the conservation of its biologicaland scenic resources. With the approval of the Conservancy, the City of Palm Springs or Its successors in interest in theproperty may transfer the responsibiftyto Maintain the property to-a qualified local,state,or federal agency,or to another qualified non-profit organization. 5. The City of Palm Springs will give the State's author'ized representative access to and the right to examine all records, books, papers, or documents related to the grants. 6. The City of Palm Springs will comply where applicable with provisions of the Calirornia Environmental Quality Act and the California Relocation Assistance Act,, any other state,and/or local.laws;andlor regulaftons. ' ADOPTEDTHIS 7Tn DAYOF:OGTOBER,2015, David H.Ready,Clly,� r ATTEST: i ames.Thompson,:City Clerk Grant Agreement No. 3850-P01-0008 Ph2 Page 27of37 Resoluticrt No:239a3 Page 4 CERTIFICATION STATE OF:CAUFORNIA ) COUNTY OF RIVERSIDE) ss'. CITY OF PALM SPRINGS) I,JAMES THOMPSON,City Clerk the City of Palm Springs,hereby certify that Resolution No;23903 is a full;true end correct copy,and Was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 7°i day of October,2015, by the following vote: AYES: Councitmember Foall,CouncitmemberHutcheson, Mayor Pro Tom Lewin, and Mayor Pougnet. NOES: None. ASSENT: GouncllmemberMills. ABSTAIN: None. mes7hompson,CityCleik rS City of Palm Springs,California to EO(�' Grant Agreement No. 3850-P01-0008 Ph2 Page 28 of 37 EXHIBIT F REPORT FORMATS AND REQUIREMENTS PROGRESS REPORTS Progress reports shall generally include the following: • Estimate percentage of Project complete. • Narrative of work accomplished during the reporting period. • Milestones or deliverables completed/submitted during the reporting period. • Scheduling concerns and issues encountered that may delay completion of the task. • Work anticipated for the next reporting period. • Photo documentation, as appropriate. • Any schedule or budget modifications approved by CVMC during the reporting period. • Any problems encountered in the performance of the work during the period. GRANT COMPLETION REPORT The Grant Completion Report shall consist of a narrative of not more than ten (10) pages that includes the following: Executive Summary Reports and/or products • Summary of the work competed. • Brief comparison of work proposed in the original grant application and actual work done. Identify remaining work(i.e.,not funded by the Grant), if any, and mechanism for ensuring its implementation. • Lien releases as applicable Cost&Disposition of Funds Information • A summary of final funds disbursement for the Project. Additional Information • A final schedule showing actual progress duration versus planned progress. • Copies of any final documents or reports generated during the Project, as applicable. ANNUAL ONGOING COMPLIANCE REPORT The Annual Compliance Report shall include a report on Grantee's implementation of ongoing performance monitoring as may be required by Grantee's Performance Monitoring Plan, as set forth in Exhibit H, Additional Terms and Conditions, as well as a description of any repairs required to the Project site and a general description of the condition of the Project site; Exhibit ' J. Grant Agreement No. 3850-P0I-0008 Ph2 Page 29 of 37 EXHIBIT G STATE AUDIT DOCUMENT REQUIREMENTS FOR GRANTEES State Audit Document Requirements - - The list below details the documents/records that State Auditors typically reviewed in the event of a Grant Agreement being audited. Grantees should ensure that such records are maintained for each State funded Program/Project. Where applicable, this list of documents also includes documents relating to the Grantee's Local Cost Share which will be required for audit purposes. Internal Controls: 1. Organization chart (e.g., Agency's overall organization chart and organization chart for this Grant Agreement's funded Project). 2. Written internal procedures and flowcharts for the following: a) Receipts and deposits b) Disbursements c) State reimbursement requests d) State funding expenditure tracking e) Guidelines,policy(ies), and procedures on State funded Program/Project 3. Audit reports of the Grantee's internal control structure and/or financial statements within the last two years. 4. Prior audit reports on State funded Program/Project. State Funding: 1. Original Grant Agreement, any amendment(s) and budget modification documents. 2. A list of all bond-funded grants, loans or subventions received from the State. 3. A list of all other funding sources for each Program/Project. Contracts: 1. All subcontractor and consultant contracts and related, if applicable. 2. Contracts between the Grantee, member agencies, and project partners as related to the State funded Program/Project. Invoices: 1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement. 2. Documentation linking subcontractor invoices to State reimbursement requests and related Grant Agreement budget line items. 3. Reimbursement requests submitted to the State for the Grant Agreement. Cash Documents: 1. Receipts (copies of warrants) showing payments received from the State. 2. Deposit slips or bank statements showing deposit of the payments received from the State. 3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the Grant Agreement. Grant Agreement No. 3850-P01-0008 Ph2 Page 30 of 37 Accounting Records: 1. Ledgers showing receipts and cash disbursement entries for State funding. 2. Ledgers showing receipts and cash disbursement entries of other funding sources. 3. Bridging documents that tie the general ledger to reimbursement requests submitted to the State for the Grant Agreement Administration Costs: 1. Supporting documents showing the calculation of administration costs. Personnel: 1. List of all contractors and Grantee staff that worked on the State funded Program/Project. 2. Payroll records including timesheets for contractor staff. 3. Verification that prevailing wages have been paid where applicable for work funded by the Grant Agreement. Project Files: 1. All supporting documentation maintained in the Program/Project files. 2. All Grant Agreement related correspondence. Grant Agreement No. 3850-P01-0008 Ph2 Page 31 of 37 EXHIBIT H ADDITIONAL TERMS AND CONDITIONS 1. Prior to receiving any grant disbursements, Grantee shall record a Notice of Unrecorded Grant Agreement (NUGA) in the form included herein as Exhibit I on the 40 acre site described more particularly in Exhibit I (the."Property"). Grantee shall record this NUGA as a separate document and not as an exhibit or correction to the Property grant deed. The NUGA shall require the Property to be conserved in perpetuity, but permitting ONLY recreational or educational uses (including trails) that do not conflict with the habitat/cultural resource values of the Site. 2. Grantee shall not convey title or any other interest in Property to any other person or entity without the express written approval of the Conservancy. The Property may not be used as security for any debt without the written approval of the State of California, acting through Grantor or its successor. Notwithstanding the foregoing, and in addition to any other remedies set forth in this Agreement, it is expressly agreed that if there is a sale or conveyance of any interest in the Property, the Grantee shall reimburse the Conservancy for the full amount of the grant sum. Upon such sale or conveyance of the property, the repayment amount shall be made to the Conservancy within sixty(60) days of the completion of the sale or conveyance. 3. During the native species restoration process, the Grantee shall not remove the living historic Pistachio trees; all efforts shall be taken to preserve these species due to their historical value. If it is determined that is necessary to remove any of the pistachio trees, the Conservancy should be consulted and provided a justification for their removal. The restoration work shall be overseen by a qualified botanist, arborist or landscape architect. In particular, the determination that any species is native or non-native, or otherwise suitable for removal or planting, shall be documented in writing by the Grantee. In the case that native vegetation is proposed for removal, the Conservancy should be consulted and provided a written justification prior to its removal. 4. After restoration is completed and during the 5 year Performance Monitoring Plan Reporting Period set forth in Exhibit C, special attention shall be paid to ensuring survival of the container plants. CVMC understands that whether the plants survive is not assured, but Grantee should take all reasonable measures to help them survive. The status of the container plants shall be included in all reports to the Conservancy to allow CVMC to allow us to use when planning restoration of other sites. 5. Prior to commencement of the restoration and within 30 days of its completion, notice shall be served to CVMC in order to provide an adequate inspection period and the opportunity to take photos documenting completion of the restoration project. 6. Grant funds disbursed for tasks during the 5 year "Performance Monitoring Plan" period referred to in Exhibit C, need to comply with state bond requirements—i.e., the funds cannot Grant Agreement No. 3850-P01-0008 PU Page 32 of 37 be used to pay for simple maintenance; rather the funds must be for things like professional monitoring, replanting, additional capital work, etc. Ongoing costs accrued during the "Annual Management and Monitoring" period, after the 5 year "Performance Monitoring Plan"period has been completed, shall be the responsibility of the Grantee. n- 7. Annual Management and Monitoring and shall be conducted and reported to CVMC in substantially the format included herein as Exhibit J. At the request of CVMC, but not less than once in any period of three calendar years, grantee shall allow designated staff of CVMC to access the Property to assess compliance with the terms, covenants and conditions of this Agreement. Grant Agreement No. 3850-P01-0008 Ph2 Page 33 of 37 EXHIBIT I Notice of Unrecorded Grant Agreement RECORDING REQUESTED BY: ) City of Palm Springs ) 3200 East Tahquitz Canyon Way ) Palm Springs, CA 92262 ) WHEN RECORDED, RETURN TO: State of California ) Coachella Valley Mountains Conservancy ) Attn: Executive Director ) 73-710 Fred Waring Dr., Ste. 112 ) Palm Desert, CA 92260 ) Space above line for Recorder's use Project Name: Santa Rosa and San Jacinto Mountains Watershed & Restoration Project (Dunn Road Property Restoration Project) County: Riverside APNs: 635-060-011 NOTICE OF UNRECORDED GRANT AGREEMENT (WITH COVENANTS AFFECTING REAL PROPERTY) This Notice of Unrecorded Grant Agreement ("Notice"), dated as of April _, 2017, is made by The City of Palm Springs ("Grantee") to provide notice of agreements between the Grantee and the Coachella Valley Mountains Conservancy ("Grantor") subdivisions of the State of California, affecting the real property described below. 1. The Grantor and the Grantee have entered into Agreement No. 3850-P01-0008 (Phase 2) ("Grant' or "Agreement"), pursuant to which Grantor grants to Grantee certain funds for restoration of approximately 40.0 acres of real property located in the City of Palm Springs, County of Riverside, California (the "Property") and legally described in Exhibit A attached to this Notice and incorporated in it by this reference. Initial-capitalized terms used in this Notice and not otherwise defined shall have the meaning set forth in the Grant. 2. Grantee agreed under the terms of the Grant to execute this Notice to give notice that Grantee received funds under the Agreement to assist Grantee in the restoration of the Property and that, in consideration of the Grant Funds, Grantee has agreed to the terms of the Grants. The Agreement is hereby incorporated by reference into this Notice. 3. Grantee covenants and agrees as follows: 3.1 The Property shall be held and used for the purposes of habitat restoration and conservation of the land in its current, undeveloped state but, permitting recreational or educational uses ONLY (including trails) that do not conflict with the habitatfcultural resource values of the Site. 3.2 Pursuant to the Exhibit H, "Additional Terms and Conditions "of the Agreement, the Property (including any portion of it or any interest in it) shall not be sold, transferred, exchanged or otherwise conveyed without the written approval of Grant Agreement No.3850-P01-0008 Ph2 Page 34 of 37 Grantor or its successor, and the Property (including any portion of it or any interest in it) may not be used as security for any debt without the written approval of the State of California, acting through Grantor or its successor. 3.3 Pursuant to Section 4, "Grantee Responsibility", of the Agreement, Grantee and its representatives shall faithfully and expeditiously perform or cause to be performed all Project work as described in Exhibit A. Work Plan, and in accordance with Exhibit B, Budget and Exhibit C, Schedule of the Agreement. 3.4 Pursuant to Section 9, "Default Provisions' of the Agreement, in the event of a Default specifically referenced in the Agreement, in addition to any and all remedies available under the Agreement, or at law or in equity, Grantor may seek specific performance of the Grant. In the event State finds it necessary to enforce this provision of this Grant Agreement in any manner provided by law, Grantee agrees to pay all costs incurred by the State including but not limited to, reasonable attorneys' fees, legal expenses, and costs. 4. Pursuant to Section 2, "Term of Grant Agreement' of the Agreement, the Grant shall remain in full force and effect until the Project Completion Date,with ongoing annual report obligations or when all of the Parties'obligations under this Grant Agreement are fully satisfied,whichever occurs later. 5. This Notice is solely for the purpose of recording and in no way modifies the provisions of the Agreement. Grantee and Grantor each has rights, duties and obligations under the Agreement, which are not set forth in this Notice. To the extent the terms of this Notice conflict with the Agreement, the terms of the Agreement shall govern and control. 6. The Agreement is on file with the Coachella Valley Mountains Conservancy,-73-710 Fred Waring Drive, Suite 112, Palm Desert, CA 92260 and the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, CA 92262. GRANTEE: City of Palm Springs David Ready, City Manager N Grant Agreement No. 3850-P01-0008 A2 Page 35 of37 ACKNOWLEDGMENT A notary public-.orother officer completing this certificate"verifies only the identity of the individual who signed the document to which this certificate is attached, and not fhe truthfulness, accuracy; or validity of that document. State.of California County of On before me, (insert name•and title of We,officer) personally`appeared who,proved"to me on'the basis of'satisfactory evidence to be the persori(s)'whose names) islare, subscribed to the within instrument.and acknowledged to me that he/she/they°executed the same in his/her/their authorized capachy(ies),and that by his/her/their-signatures) oh1he instrument the person(s), or-the entity upon behalf of'which the.person;(s)-acted, executed the instrument. I certify under PENALTY'OF PERJURY under the laws_of the State of California"that tN,foregoing paragraph is true and correct: `WITNESS my hand and'official seal. Signature (Sealj. v Grant Agreement No. 3850-P01-0008 Ph2 Page 36 of 37 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE EAST '/ OF THE EAST '/ OF THE SOUTHEAST '/ OF SECTION 17, TOWNSHIP 6 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE UNITED STATES GOVERNMENT SURVEY. THE REAL PROPERTY DESCRIBED HEREIN IS ALSO IDENTIFIED BY APN 635-060-011 r _ 1 � Grant Agreement No. 3850-P01-0008 Ph2 Page 37of37 EXHIBIT J Annual Monitoring and Management Report Date Plan Submitted to CVMC: Grant Number: Date: Grantee: Parcel(s): Location: Date Property Acquired: Restoration Completion Date: Description of management actions undertaken or that were identified as needing to be undertaken: Expenditures by the grantee(staff time,equipment,etc.)and any volunteer time utilized to effect monitoring and management actions: Management need,if any,for the coming year and funding sources: AMENDMENT No. 1 TO GRANT AGREEMENT No. 3850P010008 This Amendment No. 1 ("Amendment") is made and effective as of March 12, 2018 by and between the Coachella Valley Mountains Conservancy of the State of California ("State") and the City of Palm Springs ("Grantee"), with respect to that certain Grant Agreement (No. 3850-P01-0008) dated as of November 27, 2017 (the "Agreement") with respect to Grantee's San Jacinto Mountains Watershed Restoration—Phase 2 Implementation-Project(the"Project") State and Grantee have agreed to amend the Agreement as follows: 1. Term of Grant Agreement: The termination date of the Agreement is hereby changed to June 30, 2023, or when all of Grantee's obligations under the Agreement are fully satisfied,whichever is earlier. 2. Grant Amount: The maximum amount payable by the State under this Agreement is hereby increased to and shall not exceed $803,611.00. 3. Proiect Representatives: The Project Manager during the term of this Grant Agreement is hereby changed; Grantee shall direct all inquiries to Diana Rosas, Project Coordinator. 4. Work Plan: Exhibit A, the 01 paragraph and the first line of the 5`h paragraph on page 8 of the Agreement are hereby deleted and replaced with the following: The cleanup effort shall include removal of all debris as specified in the Terra Nova Restoration Plan. In order to achieve the greatest benefit with the available funding, the debris removal effort is focused on the existing buried debris rows. As the site has scattered debris (glass) covering other large surface areas of the site, and mechanical removal of all these debris would negatively impact the existing vegetation, hand tools such as shovels, rakes or screens will be used to remove small areas of debris. Care will be taken to limit to the extent possible the removal of the soil underlying the debris. Notice shall be served to the State upon the completion of the site cleanup, the State will perform a site inspection of the cleanup work to ensure that any insignificant or biodegradable material left behind is no more than % inch in any dimension. Upon State approval of the cleanup work, the State may request dump receipts or documentation to ensure that the debris was legally disposed of per state and/or local regulations. Item number 8 of the work plan table on page 9 is also hereby deleted from the work plan. 5. Budget: Exhibit B, Budget is hereby deleted and replaced with the attached revised Exhibit B, Budget. , 9 6. Schedule: Exhibit C, Schedule is hereby deleted and replaced with the attached revised Exhibit C, Schedule. 7. Additional Terms and Conditions: Exhibit H, item numbers 4 and 5 of the Additional Terms and Conditions on page 31 of the Agreement are hereby deleted and replaced with the following: Grantee will evaluate the natural recovery of the native plants after a two-year period of self-recovery following the cleanup and disposal of the surface debris. During and after the two-year evaluation period, Grantee shall comply with the requirements set forth in the Notice of Unrecorded Grant Agreement. If it is deemed necessary to augment the recovery of natural vegetation, Grantee will initiate a separate project to plant seeds and/or seedlings to aid in the plant restoration site. The new project and contract may be funded with any savings from the original debris removal project, subject to State approval. 8. Annual Monitoring and Management Report: Exhibit J, Annual Monitoring and Management Report is hereby deleted and replaced with the attached revised Exhibit J, Annual Monitoring and Management Plan. Except to the extent specifically revised by this Amendment, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, State and Grantee have executed this Amendment No. 1 as of the date first written above. STATE: GRANTEE: I _ J' iak �j David Ready Ex ive Director 1r►� City Manager Coa la Valley Mountains Conservancy City of Palm Springs .AkPPROVED AS TO FORM A�A7T i'y CI AppRCVM BY CITY COUNCIL L4L[�43� v ant Agreement No. 3850-P01-0008 M Page 8 of 37 EXHIBIT A WORK PLAN Grantee shall complete the restoration work summarized below and described more particularly in the City of Palm Spring's grant application dated, 11/2015, Grant Agreement, dated 04/2017 and the Tera Nova Restoration Plan dated 12/2016._ Grantee is required to comply with CEQA and the Notice of Exemption filed by Grantee on 1/26/2017 at all times. All above referenced documents are on record with the CVMC and the Grantee and are hereby incorporated by this reference. Summary of Work Plan: On approximately 2 acres of the Site, household waste has been mixed into the soil ranging in bands ranging from 6 inches to 1.5 feet deep. Other smaller areas have a thinner approximately 2 inch layer of household debris, irrigation tubing or piles of debris. Also, numerous dead trees from the old orchard remain. All of the above need to be removed and transported for legal disposal. One 55 leaking drum containing petroleum exists and has impacted the surrounding soil. This is a "Recognized Environmental Condition" and will require cleanup and disposal in accordance with hazardous waste regulations. Six previously undocumented archeological artifacts were discovered on the Site, including one Native American site, one historical site and four Native American isolated artifacts. The two sites will be preserved on site with historical signage, and the isolates will receive permanent curation in accordant with federal regulations. The work and curation will be supervised by the Agua Caliente Trail Historic Preservation Office. Due to the agpieulwirall use Mand hiOnrie dumping, the natural habitat values of the Site have been diminished. As the S46 is within the modeled habitat for the peninsular bighorn I , IQ , vireo, enee the waste is remeved, most nennative plants will be removed, the natural tepegfaphy will be reereated ., stefmwater flew into the aquiteo and reseeding of native plants and planting of a lifaited Humber of container plants will eeettE. The cleanup and rester-atim; iver4- shall be done ever a period of sever-al menths; the goal is to seed and install a lifnited mmber of native eentainff plants (e.g., eaetus, agave and yaeea)-in winter of 2017 '° The work •and debris removal would be supervised by appropriate environmental professionals and tribal cultural monitors to assure compliance with regulations and best practices. The City would be responsible for obtaining consents from adjacent property owners to traverse and transport waste over their lands, as well as for proper disposal of the waste. Also, the City would monitor the natural progress of the restored portions of the Site for a minimum of five years with ongoing management and monitoring of the entire property in perpetuity. Annual reports monitoring reports shall be provided to the CVMC through June 30, 2038. The entire Site shall be covered by a Notice of Unrecorded Grant Agreement (NUGA) in the format included herein as Exhibit I; the Grantee shall record this NUGA as a separate document requiring the land to be conserved in perpetuity but permitting recreational or educational uses ONLY (including trails) wfzmt Agreement No. 3850-P01-0008 Ph2 Page 9 of 37 that do not conflict with the habitat/cultural resource values of the Site. n Site Assessment ;YtSk. xTask+Descripton it ;ProdueorResults r` nas Timeframei 1. In concert with the Friends of the Desert Site description NTP+3 months Mountains,initiate formal assessment of the site including site description and history 2. Contract for soil testing at site to determine Soil test results NTP+3 months extent and nature of soil contamination 3. Develop Request for Proposal(RFP) for civil RFP NTP+9 months engineering services to prepare formal scope of work for site cleanup and restoration 4. Award contract and work with civil Site Cleanup and NTP+12 months engineer to develop Site Cleanup and Restoration Plan Restoration Plan Site Cleanup and Remediation .. s 22- r Taskv „ TastatDescnphant, P�oducf or Results jTimeframe " ' 5. Develop bid package for implementation of Bid package NTP+15 months Site Cleanup and Restoration Plan 6. Solicit and score bids;award contract(s) Executed contract NTP+18 months with qualified contractor 7. Begin removal of waste substances and Site cleanup NTP+21 months trash site . . . eemplete Site remediation arms 1 21hS I Page 10 of 37 �,.; r_ "�'t' _s2r Site Maintenance Task TaskDescripttonf • Product orRestilts Time_fram_e ,'� ._ ._ _. .._ _..----_ _ems.-�.V._... _ �:_... •� -=-.. __ -. c. _ - -- 9. Design,procure and install signage to deter Site Protection NTP+21 months future dumping 10. Maintain site Site Protection NTP+30 months Public Education and Outreach Task Task Descry don Product or Results T�meframe ll. Develop public education plan Education and NTP+10 months Outreach Plan 12. Implement education and outreach Predetermined NTP+21 months activities activities Project Administration µ Task$Deseiph�n _ Produetor"R'esuLts ��n►e&a?r!� .k 1Y' �xh. 13. Initiate photo and video documentation of Outreach NTP+3 months project 14. Gather data and evaluate project Project Evaluation NTP+21 months 15. Assemble and submit invoices Invoices NTP+22 months 16. Develop and submit Final Report Final Report NTP+24 months 1 v nt Agreement No. 3850-P01-0008 Ph2 Page 11 of 37 EXHIBIT B BUDGET - PROJECT COSTS: Description of Work Schedule of Values Item 1 —Cultural resources monitoring and mitigation $84,926.60 Item 2—Hazardous and Non-Hazardous Debris Removal and $158,950.00 Remediation(Debris Removal) Item 3 —Hazardous and Non-Hazardous Debris Removal and $553,932.00 Remediation (Debris Removal) Item 4—Hazardous and Non-Hazardous Debris Removal and $5,803.00 Remediation (Leaking Drum Removal TOTAL LUMP SUM BID: $803,611.00 Grant Agreement No. 3850-P01-0008 Ph2 Page 12 of 37 EXHIBIT C SCHEDULE Tasks Start Date End Duration Date' (Months) Cultural Resources Monitoring April October 6 2018 2018 Hazardous Material Remediation (Cleanup) April October 6 2018 2018 Site Self-Recovery Evaluation Period (Post November October 24 Cleanup) 2018 2020 Performance Monitoring Plan Reporting October June Every 2018 2023 3 mos. Annual Monitoring and Management Report June June Annually (Exhibit J) 2022/ 2039 4 �-J Grant Agreement No. 3850-P01-0008Ph2 Page 31 of 37 EXHIBIT H ADDITIONAL TERMS AND CONDITIONS 1. Prior to receiving any grant disbursements, Grantee shall record a Notice of Unrecorded Grant Agreement (NUGA) in the form included herein as Exhibit I on the 40 acre site described more particularly in Exhibit I (the "Property"). Grantee shall record this NUGA as a separate document and not as an exhibit or correction to the Property grant deed. The NUGA shall require the Property to be conserved in perpetuity, but permitting ONLY recreational or educational uses (including trails) that do not conflict with the habitat/cultural resource values of the Site. 2. Grantee shall not convey title or any other interest in Property to any other person or entity without the express written approval of the Conservancy. The Property may not be used as security for any debt without the written approval of the State of California, acting through Grantor or its successor. Notwithstanding the foregoing, and in addition to any other remedies set forth in this Agreement, it is expressly agreed that if there is a sale or conveyance of any interest in the Property, the Grantee shall reimburse the Conservancy for the full amount of the grant sum. Upon such sale or conveyance of the property, the repayment amount shall be made to the Conservancy within sixty(60) days of the completion of the sale or conveyance. 3. During the native species restoration process, the Grantee shall not remove the living historic Pistachio trees; all efforts shall be taken to preserve these species due to their historical value. If it is determined that is necessary to remove any of the pistachio trees, the Conservancy should be consulted and provided a justification for their removal. The restoration work shall be overseen by a qualified botanist, arborist or landscape architect. In particular, the determination that any species is native or non-native, or otherwise suitable for removal or planting, shall be documented in writing by the Grantee. In the case that native vegetation is proposed for removal, the Conservancy should be consulted and provided a written justification prior to its removal. 4. After restoration is eampleted and dtiring the 5 year Performanee Menitering Plan Reporting Period set forth in Exhibit C, speeial atte- tion shall be paid to ensuring al of {l eentainer plants. 0I 4C under-stands that Whether the plants sis. et assured, but Grantee should take all iekseniblE—measures-tO-help—the? ocr§r'c. The stets A f the ..«tainer plants shell he included in e11 ports to the Ce.•se••.,aney to allow CLAIM ' to a4low .. to use when plarning restoration of other site.. S. Prier to seraineneement of the restoration and within 30 days of its oempletien, notiee shall be {d GVNIG :.. order to provides« :«n«adequate ee .. period ,.«tie and the «ertunit y to V - take photos doeu enting a .deli..« of the restoration« et 6. Grant funds disbursed for tasks during the 5 year "Performance Monitoring Plan" period referred to in Exhibit C,need to comply with state bond requirements—i.e., the funds cannot v ant Agreement No. 3850-P01-0008 Ph2 Page 32 of37 be used to pay for simple maintenance; rather the funds must be for things like professional monitoring, replanting, additional capital work, etc. Ongoing costs accrued during the "Annual Management and Monitoring" period, after the 5 year "Performance Monitoring Plan"period has been completed, shall be the responsibility of the Grantee. 7. Annual Management and Monitoring and shall be conducted and reported to CVMC in substantially the format included herein as Exhibit J. At the request of CVMC, but not less than once in any period of three calendar years, grantee shall allow designated staff of CVMC to access the Property to assess compliance with the terms, covenants and conditions of this Agreement. Grant Agreement No. 3850-P01-0008 PU Page 36 of37 EXHIBIT J Monitoring and Management Plan Date Plan Submitted to Grantor: Grant Number: Date: Grantee: Parcel(s): Location: Best Way to Access Property: Annual Monitoring Plan: Describe whether the annual site inspection would be a physical site inspection or an aerial photo/GIS site inspection. If the [atter, explain why (e.g., lack of access, and lack of threat). If the former, describe roughly when the annual site inspection would occur; whether the same monitoring protocol would be used each year; explain changes in site conditions since the prior new inspection. Copies of photos and the new annual site inspection report should be sent to GRANTOR.] Management Plan: Describe any management actions that occurred during or immediately following the acquisition; e.g. Seller removed trash, etc. observed during the site inspection; or following acquisition a gate/barrier was installed on a dirt road providing access to the property. The rest of the management plan should briefly characterize the potential threats/issues based on the location of the property (e.g., ORV trespass, dumping, invasive species, etc.), and then identify any longer range actions that might be contemplated, such as remove invasive species; or, if applicable, fence some or all of the property, perhaps in conjunction with adjacent property owned by other conservation land management entities. If there is a long-term goal to convey title to another conservation entity for long-term management, note that here. I I 1 r Grant Agreement No. 3850-P01-0008 Ph2 Page 37 of 37 Annual Monitoring and Management Report Date Plan Submitted to CVMC: Grant Number: Date: Grantee: Parcel(s): Location: Date Property Acquired: Restoration Completion Date: Description of management actions undertaken or that were identified as needing to be undertaken: Expenditures by the grantee(staff time,equipment,etc.)and any volunteer time utilized to effect monitoring and management actions: Management need,if any,for the coming year and funding sources: State of California - The Resources Agency COACHELLA VALLEY MOUNTAINS CONSERVANCY APPLICATION FOR LOCAL ASSISTANCE GRANT (Proposition 1) PROJECT NAME: AMOUNT OF GRANT REQUESTED $803,611.00 San Jacinto Mountains Watershed Acquisition and ESTIMATED TOTAL PROJECT COST Restoration (Phase 2-Implementation) Project $803,611.00 GRANT APPLICANT COUNTY: Riverside PROJECT LOCATION City of Palm Springs Portion of Riverside County in the South area of 3200 E.Tahquitz Canyon Way Palm Springs (APN: 635-060-011, 40 acres in Palm Springs, CA 92262 Section 17, Township 6 South, Range 5 East). NEAREST CROSS STREET Dunn Road SENATE DISTRICT ASSEMBLY DISTRICT NO. 28 NO. 42 GRANT APPLICANTS REPRESENTATIVE TITLE PHONE AUTHORIZED IN RESOLUTION David Read 760 322-8280 PERSON WITH DAY-TO-DAY RESPONSIBILITIES FOR TITLE PHONE PROJECT IF DIFFERENT FROM AUTHORIZED REPRESENTATIVE Marcus Fuller Assistant City Manager (760)322-8280 BRIEF DESCRIPTION OF PROJECT The City of Palm Springs will implement the Restoration Plan that was created for the project. The restoration work includes cultural resources monitoring and mitigation, proper removal and remediation of household and hazardous waste which contains one leaking drum. For Acquisition projects, Project land will be up to For Restoration or Infrastructure projects, Project Site is approximately acres. Approximately 40 Acres. Acquired in fee simple by Grant Applicant. X Acres owned in fee simple by Grant Applicant. acquired in other than fee simple (explain) Acres available under a year lease. Acres other interest(explain) I certify that the information contained in this project application form, including required attachments, ip,accurate. SIGNED DATF� 2 rant Applicants Authorized Repres a as shown in Resolution APPROVED AS TO FORM aEST. APPROVED By C COUNCIL z:�,r,.3 ` ►,ti AqD39 C VMC Proposition 1 Gs......rogram Guidelines—Adopted May 11,2015 CERTIFICATION Applicant possesses legal authority to apply for the grant, and to implement the proposed project described in the Project Narrative attached below. A resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. Applicant will cause the project to be implemented in accordance with the schedule, budget and conditions contained in its grant proposal. Where the project includes land acquisition, the property shall be maintained in perpetuity for the conservation of its biological and scenic resources. With the approval of the Conservancy, the applicant or its successors in interest in the property may transfer the responsibility to maintain the property to a qualified local, state, or federal agency, or to another qualified non-profit organization. Applicant will give the State's authorized representative access to and the right to examine all records, books, papers, or documents related to the grant. Applicant will comply where applicable with provisions of the California Environmental Quality Act and the California Relocation Assistance Act, any other state, and/or local laws, and/or regulations. Applicant provides the foregoing assurances as witnessed by the signature of applicant's authorized representative below. 9 Q"l David Ready, Ci er Fate APPROVED AS TO FORM APPROVED BY CITY COUNCIL A , Page � 2 �fy CI