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HomeMy WebLinkAboutA6869 - STATE OF CA THE RESOURCES AGENCY CV MOUNTAINS CONSERVANCY - GRANT ASSISTANCE FOR DUNN ROAD PROPERTY State of California - The Resources Agency COACHELLA VALLEY MOUNTAINS CONSERVANCY APPLICATION FOR LOCAL ASSISTANCE GRANT (Proposition 1) Grant Number: 3850-P01-0008 (Phase 1) PROJECT NAME: AMOUNT OF GRANT REQUESTED $65,390.00 Environmental Review and Remediation Plan for San Jacinto Mountains Watershed Acquisition&Restoration ESTIMATED TOTAL PROJECT COST $65,390.00 GRANT APPLICANT (agency and address, include zip COUNTY code) Riverside City of Palm Springs PROJECT ADDRESS 3200 E.Tahquitz Canyon Way Portion of Riverside County in the South area Palm Springs, CA 92262 Of Palm Springs ( 40 acres in ST R NEAREST CROSS STREET Dunn Road must have this filled in SENATE DISTRICT ASSEMBLY DISTRICT NO. 28 NO. 42 GRANT APPLICANT'S REPRESENTATIVE TITLE PHONE AUTHORIZED IN RESOLUTION(name typed) Marcus Fuller Assistant City Manager/ (760)322-8280 City Engineer PERSON WITH DAY-TO-DAY RESPONSIBILITIES FOR TITLE PHONE PROJECT IF DIFFERENT FROM AUTHORIZED REPRESENTATIVE Sustainability Manager (760)323-8214 Michelle Mician BRIEF DESCRIPTION OF PROJECT Assess the level and type of contamination, and develop a remediation and restoration plan. Conduct surveys and studies and prepare documentation necessary for CEQA and NEPA compliance related to the city of Palm Spring's San Jacinto Mountains Watershed Acquisition&Restoration project. For Acquisition projects, Project land will be up to approximately For Restoration or Infrastructure projects, Project Site is acres. Approximately 40 Acres. Acquired in fee simple by Grant Applicant. Acres owned in fee simple by Grant Applicant. Acquired in other than fee simple (explain) Acres available under a year lease. X Acres other interest(explain) Option to Acquire t certify that the information contained in this project ap19LQRfJi form, includog required attachments, is accurate. SIGNED DATE < 1Z Grant Applicant's Authorized Rep sentative as shown in Resolution APPROVED BY CITY COUNCIL ATTEST: W. Wkt t 2 -l5 kbWb Page 1 a J ;ilty Clerk 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. ��J` Name, Title Date APPROVED BY CITY COUNCIL Page 2 PROPOSITION 1 GRANT AGREEMENT Coachella Valley Mountains Conservancy State of California-The Natural Resources Agency Grantee Name: City of Palm Springs Project Title: Environmental Review and Remediation Plan for Palm Springs-San Jacinto Mountains Watershed Acquisition & Restoration Project Agreement Number: 3850-P01-0008 Phase 1 Funding Source: Water Quality, Supply, and Infrastructure Improvement Act of 2014— Proposition 1 Program: Prop 1 Grant Program Maximum Grant Amount: $65,390.00 Agreement Date: June 23, 2016 Completion Date: October 31, 2016 Under the terms and conditions of the Agreement, Grantee agrees to complete the Project as described in the Project Scope attached as Exhibit A, as it may be amended in writing by Grantee and CVMC, and CVMC agrees to fund the Project up to the Maximum Grant Amount above. PROJECT DESCRIPTION Conduct surveys and studies necessary to prepare a remediation plan and required environmental documentation under CEQA and NEPA for Grantee's proposed watershed restoration project involving the Palm Canyon watershed within the San Jacinto Mountains. A detailed Project Scope, Project schedule and Project Budget are attached hereto as Exhibit A and are hereby incorporated into this Agreement. The General and Special Conditions attached hereto are hereby incorporated into the Agreement. Grantee: Grantor: City of Palm Springs Coachella Valley Mountains Conservancy BY: David Ready r Ji R. Karpiak \Y11� City Manager / '/pX cutive Director APPROVED BY CITY COUNCIL APP D AS TO 1O ATTEST: CR1►ATI110RNEY Page 3 City Clerk TERMS AND CONDITIONS OF GRANT General Conditions A. Definitions 1. The term "Act" means the legislation authorizing the Funding Source identified above, along with any applicable regulations established by the Natural Resources Agency or CVMC. 2. The term "Agreement" means this Grant Agreement. 3. The term "Application" means the individual application form, its required attachments and any proposal submitted by the Grantee to CVMC related to the Project. 4. The term "Application Guidelines' means the CVMC Proposition 1 Grant Program Guidelines- 5- The term "CVMC" means the Coachella Valley Mountains Conservancy, an agency of the State of California within the Natural Resources Agency- 6- The term "Grant" or "Grant Funds" means the money provided by CVMC to the Grantee or its contractors or vendors under this Agreement. 7. The term "Grantee"means the City of Palm Springs, a California charter city. 8. The term "Other Sources of Funds" means cash or in-kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement. 9. The term "Payment Request"means a form provided by CVMC and/or an invoice and related documentation used by Grantee to request disbursements under this Agreement. 10. The term "Project" means the work listed in the Project Scope attached as Exhibit A to be accomplished with Grant Funds. 11. The term "Project Budget" means the CVMC approved cost estimate included in Exhibit A to this Agreement. 12. The term "Project Scope" means the description included in Exhibit A for work to be accomplished by the Project. B. Project Execution 1. Subject to the availability of funds in the Act, CVMC hereby grants to the Grantee a sum of money (the "Grant Funds") not to exceed $65,390.00 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement. 2. Grantee shall complete the Project by October 31, 2016, unless an extension has been granted by CVMC in writing and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by CVMC, at its sole discretion. Page 4 3. Where relevant, Grantee shall at all times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000 et. seq., Cal Code Regs. title 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. 5. Where relevant, Projects must comply with any applicable laws pertaining to prevailing wages and labor compliance. 6. Grantee shall provide access by CVMC to any of its draft data, surveys, studies or other work product related to the Project within two business days of CVMC's written request. 7. Prior to the commencement of any work, any modification or alteration in the Project as set forth in the Application on file with CVMC must be submitted to CVMC for approval. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. C. Project Costs 1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs shall not exceed in any event the amount set forth in Section B. 1 above, in accordance with the budget in the Project Budget, as it may be revised in writing by CVMC. Grant Funds may be disbursed, at Grantee's option, either through reimbursement to Grantee for invoice paid, or via prepayment to Grantee based on invoices from subcontractors or vendors, provided that appropriate Payment Documentation is submitted in accordance with the next section. Grantee acknowledges that requesting funds on a prepayment basis may result in delays in paying its subcontractors/vendors, and Grantee agrees to notify such subcontractors/vendors when retaining them. 2. Payment Documentation: a. All payment requests must be submitted using a completed Payment Request that includes an itemized list of all expenditures that clearly documents the corresponding line-item descriptions in the Project Budget approved by CVMC. b. Each Payment Request for reimbursement must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made. c. Each Payment Request must also include detailed invoices and other forms of written documentation demonstrating to CVMC's reasonable satisfaction that the work has been done or the materials have been delivered. d. No more than one Payment Request may be submitted in any thirty(30)day period. e. Any Payment Request that is submitted without the required itemization and documentation, as determined reasonably by CVMC, will not be authorized. If the Payment Request package is incomplete, inadequate or inaccurate, CVMC will inform the Grantee and hold the Payment Request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. 3. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by CVMC must occur within the time frame of the Project Performance Period as indicated in this Agreement. Page 5 4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A approved by CVMC. The total dollars of a category in the Project Budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, without approval by CVMC. However, the Grantee shall notify CVMC in writing when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent(10%)from the original budget in the amount of a category must be approved by CVMC. In any event, the total amount of the Grant Funds may not be increased. D. Project Administration 1. Grantee shall promptly provide Project reports and/or photographs upon request by CVMC. In any event Grantee shall provide CVMC a report showing total final Project expenditures with the final Payment Request and required closing documents. 2. Grantee shall make the studies, reports or other work product developed pursuant to this Agreement available for inspection upon request by CVMC at any time. 3. Grantee shall submit all documentation for Project completion, including a notice of completion as applicable and final reimbursement within ninety (90) days of Project completion, but in no event any later than January 30, 2017. 4. Final payment is contingent upon CVMC review of the Project and related work product and CVMC's determination that the Project is consistent with Project Scope as described in Exhibit A, together with any CVMC approved amendments. 5. This Agreement may be amended by mutual agreement in writing between Grantee and CVMC. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment. 6. Grantee must report to CVMC all sources of other funds for the Project- E. Project Termination 1. Prior to the completion of the Project, either party may terminate this Agreement by providing the other party with thirty (30) days' written notice of such termination. CVMC may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with CVMC. 2. If CVMC terminates without cause the Agreement prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to CVMC under this Agreement. CVMC shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. 3. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to CVMC of all amounts disbursed by CVMC under this Agreement, plus any further costs related to the Project. CVMC may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed Page 6 provided that CVMC determines it is in CVMC's best interest to do so. This paragraph shall not be deemed to limit any other remedies available to CVMC for breach of this Agreement. 4. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement under the Act may be cause for suspension of all obligations of CVMC hereunder. 5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of CVMC hereunder if, in the judgment of CVMC, such failure was due to no fault of the Grantee. At the discretion of CVMC, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. F. Hold Harmless 1. Grantee shall waive all claims and recourses against CVMC, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence of CVMC, its officers, agents and employees. 2. Grantee shall indemnify, hold harmless and defend CVMC, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, including development, construction, operation or maintenance of the improvements and site described in the Project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence or willful misconduct of CVMC, its officers, agents or employees. 3. Grantee and CVMC agree that in the event of judgment entered against CVMC and Grantee because of the gross negligence of CVMC and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. G. Financial Records 1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and to make them available to CVMC for auditing at reasonable times. Grantee shall also retain such financial accounts, documents and records for five (5) years after final payment and one(1)year following an audit. 2. Grantee agrees that during regular office hours, CVMC and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by CVMC accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement. 3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by CVMC. Page 7 H. Use of Work Product 1. Grantee agrees that the reports, surveys and other work product developed as part of the Project are being created for CVMC's use and are and shall be the property of CVMC. 2. Grantee shall not use the reports, surveys and other work product developed as part of the Project for other purposes and shall not deliver them to third parties without the written permission of CVMC. I. Nondiscrimination The Grantee shall not discriminate against any person on the basis of sex, race, color, ancestry, religious creed, national origin, disability, sexual orientation, gender identity, age (over 40) or marital status in the use of any property or facility acquired or developed pursuant to this Agreement. J. Application Incorporation The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by CVMC are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement. K. Severability If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. L. Waiver No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. M. Assignment Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part. N. Audit Requirements Projects are subject to audit by CVMC annually for five (5) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted. Page 8 SPECIAL CONDITIONS 1. Prior to retaining any subcontractors or vendors, Grantee shall demonstrate to CVMC's reasonable satisfaction that its contractor or vendor selection was fair and reasonable. Page 9 EXHIBIT A I. Project Scope • Analyze proposed restoration project described by Grantee in its October 30, 2015 Application for Local Assistance Grant (Proposition 1), "Remediation of Illegal Dump Site - Dunn Road" (the "Proposed Project'). • Determine the appropriate level of review under CEQA, and if necessary NEPA, for the Proposed Project, and prepare appropriate documentation (e.g.. notice of exemption, initial study and negative declaration, etc.) in conjunction with CVMC staff. • Prepare a remediation plan, including a habitat restoration plan and total cost estimates, in a manner that assures compliance with MSHCP goals and standards. it. Project Schedule • Complete analysis and review of existing environmental documentation by September 30, 2016; • Complete environmental documentation and remediation plan by October 31, 2016. III. Project Budget Not to exceed $65,390.00, pursuant to a schedule of hourly rates and charges to be approved in writing by CVMC prior to the execution of any subcontract. CVMC and Grantee recognize that the extent of environmental analysis for the Proposed Projects is not yet known, and therefore this is a time and materials basis contract. Should the maximum grant amount hereunder be expended, Grantee shall have no obligation to do further work. In such event, Grantee shall negotiate in good faith with CVMC about a change in the Project or additional funding, which CVMC retains full discretion to approve or deny. Page 10 RESOLUTION NO. 23903 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, SUPPORTING AND AUTHORIZING SUBMITTAL OF APPLICATIONS FOR GRANT FUNDS FROM THE COACHELLA 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 Code 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 historical 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 California's limited water resources; and WHEREAS, Proposition 1 provides funding to implement the three objectives of the California Water Action Plan, namely, more reliable water supplies, the restoration of important species and habitat, and a more resilient and sustainably 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, water supply, 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 grants of Proposition 1 funds; and WHEREAS, the Conservancy anticipates making $2.5 million available for eligible projects in fiscal year 2015-16, and approximately $2.0 million per year for the next four fiscal years; and C_ftTIHED COPY I certify that this is a tru and copy of the document on file in the o;ficial recu,.s of tiie City at i'ainl Spiings. �L�� `I .5•Ib Chief Def:uiy ,ity Clerk This certification must appear in blue with an original signature. Resolution No. 23903 Page 2 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 considered; and WHEREAS, the Guidelines require that applicants provide a resolution, motion or similar action that 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; and WHEREAS, the City intends to apply to the Conservancy for Proposition 1 grant funding for the following two Watershed Restoration Projects: 1) Tahquitz Creek Gateway Triangle Parcel, City Project No. 14-16 — this project is located as shown in Figure 1, and includes redevelopment of an existing paved remnant parcel located at S. Palm Canyon Drive and Sunny Dunes Road that accepts stormwater runoff from the surrounding industrial neighborhood and conveys it via drainage swale directly to Tahquitz Creek. This project includes a new drainage system with oil/water sand separator clarifier to treat pollutants from the stormwater runoff prior to discharge to Tahquitz Creek. Grant funds requested: $50,000 2) 40-Acre Agricultural Parcel Clean-Up & Remediation Project —this project proposes to remediate hazardous materials illegally disposed on a 40-acre agricultural parcel located in the southern portion of the City's limits in the Pinyon Pines area, off of Dunn's Road, as shown in Figure 2. This parcel is located in an environmentally sensitive area at the top of the watershed to Palm Canyon Wash; stormwater passing over this property has the potential to percolate through the hazardous materials and contaminate the underlying aquifer—which is at the headwaters of the Palm Canyon Wash. Grant funds requested: $885,000 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY DECLARES THE FOLLOWING: 1. The City Council hereby supports the submittal of applications to the Conservancy for the Tahquitz Creek Gateway Triangle Parcel, City Project No. 14-16, and for the 40-Acre Agricultural Parcel Clean-Up & Remediation Project. 2. The City Manager, or designee, is hereby authorized and empowered to execute in the name of the City of Palm Springs all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant projects. Resolution 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 as the 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 implemented 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 biological and scenic resources. With the approval of the Conservancy, the City of Palm Springs 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. 5. The City of Palm Springs will give the State's authorized 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 California Environmental Quality Act and the California Relocation Assistance Act, any other state, and/or local laws, and/or regulations. ADOPTED THIS 7T" DAY OF OCTOBER, 2015. David H. Ready, City>ie ATTEST: ames Thompson, City Clerk I Resolution No. 23903 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23903 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 71h day of October, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tem Lewin, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. ABSTAIN: None. aa mes Thompson, City Clerk City of Palm Springs, California I