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DATE: October 4, 2017
Citv Council Staff Report
UNFINISHED BUSINESS
SUBJECT: APPROVAL OF A GRANT AGREEMENT IN THE AMOUNT OF $484,100
FROM THE COACHELLA VALLEY MOUNTAINS CONSERVANCY FOR
THE RESTORATION OF CITY OWNED PROPERTY ON DUNN ROAD
(ASSESSOR'S PARCEL NO. 635-060-011) AND AUTHORIZE REQUEST
FOR BID FOR SERVICES RELATED TO THE RESTORATION WORK
ASSOCIATED WITH THE PROPERTY, CITY PROJECT NO. 17-04
FROM: David H. Ready, City Manager
BY: Engineering Services Department
SUMMARY
The City has successfully obtained a grant in the amount of $484,100 from the
Coachella Valley Mountains Conservancy through the Proposition 1 Grant Program to
proceed with restoration of a 40-acre parcel of land granted to the City in 2016. This
action will approve and authorize the City Manager to enter into an agreement with the
Conservancy for use of the grant funds for restoration of a City owned property on Dunn
Road (Assessor's Parcel No. 365-060-011) and authorize the request for bids for the
restoration project for the subject property.
RECOMMENDATION:
1. Approve Agreement No. , a Grant Agreement in the amount of $484,100
between the State of California (Coachella Valley Mountains Conservancy) and the
City of Palm Springs, Proposition 1 Grant Agreement Grant No. 3850-P01-0008
(Phase 2) Implementation;
2. Approve the plans, specifications and estimate and authorize staff to advertise and
solicit bids for the Dunn Road Property Restoration Project (APN No. 635-060-011),
City Project No. 17-04; and
3. Authorize the City Manager to execute all necessary documents.
lit W NO. 4.6 -
City Council Staff Report
October 4, 2017 - Page 2
Grant Agreement with CVMC
Dunn Road Property Restoration (CP 17-04)
STAFF ANALYSIS:
On October 7, 2015, the City Council adopted Resolution No. 23903 supporting and
authorizing the submittal of applications for grant funds from the Coachella Valley
Mountains Conservancy Proposition 1 Program. 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.
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.
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. 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.
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. On May 11, 2015, the
Conservancy adopted Proposition 1 Grant Program Guidelines, (the "Guidelines"),
establishing the process to be used by the Conservancy to solicit applications, evaluate
proposals and award grants of Proposition 1 funds. 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. The minimum grant
amount is $5,000. The Conservancy will administer one or more competitive cycles
each fiscal year through the issuance of a Notice of Funding Availability ("NOFA").
Applicants must submit a Conservancy Proposition 1 grant application package in
accordance with the requirements of a NOFA to be considered.
On May 11, 2015, the Conservancy adopted the Proposition 1 Grant Program
Guidelines, and requires:
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
02
City Council Staff Report
October 4, 2017 - Page 3
Grant Agreement with CVMC
Dunn Road Property Restoration (CP 17-04)
official representative of the applicant to act in connection with the application and to
provide such additional information as may be required.
Eligible projects include "Watershed Restoration Projects" intended to enhance
watershed related natural features, such as washes, channels, streams, or riverbeds.
An example is implementing a project to clean up or remediate hazardous materials that
are detrimental to water quality and/or habitat value. Under this eligible project
category, staff recommended and the City Council approved the submittal of an
application related to the remediation of a 40-acre agricultural parcel of land located at
the southern City limits in the Pinyon Pines area, off of Dunn's Road, as shown in
Figure 1. 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.
013
City Council Staff Report
October 4, 2017 - Page 4
Grant Agreement with CVMC
Dunn Road Property Restoration (CP 17-04)
Figure 1
The parcel of land was previously used for agricultural purposes, but subsequently has
had trash, debris and refuse, including potentially hazardous materials, illegally
disposed on the site. A close up aerial view of the parcel is shown in Figure 2.
City Council Staff Report
October 4, 2017 - Page 5
Grant Agreement with CVMC
Dunn Road Property Restoration (CP 17-04)
Figure 2
The City initially requested funding from the Conservancy in the amount of $885,000
assuming a very conservative and worst case scenario to remove potentially hazardous
materials. On January 22, 2016, the Conservancy notified the City of the Conservancy's
approval of the Remediation Project, and a recommendation of funding. Subsequently,
the City received an agreement from the Conservancy awarding the City $65,390 in
Proposition 1 funding to initiate Phase 1 of the Remediation Project, which consisted of
the preparation of a Restoration Plan.
City Council Staff Report
October 4, 2017 - Page 6
Grant Agreement with CVMC
Dunn Road Property Restoration (CP 17-04)
On July 6, 2016, the City Council approved issuance of Purchase Order 17-0426, in the
amount of $65,390, to the City's "on call" environmental consultant, Terra Nova
Planning & Research, Inc., the successful proposer for the Restoration Plan. Terra
Nova completed the Restoration Plan, which included a more accurate cost estimate for
the physical restoration of the site per the report findings. The City submitted the
Restoration Plan to the Conservancy for its review and approval. At its meeting of
March 15, 2017, the Conservancy approved the Restoration Plan, and authorized a
further grant, in the amount of $484,100 to implement the restoration of the site which
consists of three primary steps:
• Monitoring of archaeological sites on the property.
• Removal from the site of household waste and one leaking oil drum and disposal of
the materials off -site at a designated landfill.
• Biological Restoration of the site, including the improvement of soils, the planting of
seeds and container plants, and the monitoring of these plants to assure that the
natural habitat is restored.
Concurrently, at its meeting of July 6, 2016, City Council approved the acquisition of the
property through Resolution No. 24057. Since that time, escrow has closed and the
property is now owned by the City. Subsequently, the Conservancy has forwarded the
grant agreement to the City for its grant approval and to begin Phase 2, restoration of
the site. Staff recommends approval and acceptance of the grant by the City Council
and has included a copy of the grant agreement in Attachment 1. Resolution No.
24057 is included as Attachment 2 for reference. The Resolution approving the Grant
by the Conservancy is included as Attachment 3.
The project will be bid as comprehensive tasks that will include the three primary
activities for the site remediation listed above. Specifically, the Request for Bids
includes:
• Cultural Resource Monitoring as part of the Remediation Work;
• Removal and disposal of wastes at a designated waste facility; and,
• Development and implementation of a biological restoration plan, including soil
amendments, revegetation, and monitoring.
The schedule for the original grant has been modified to reflect the evolving nature of
the project. Whereas the original schedule identified these tasks to be done in a linear
fashion, the new schedule will have them done concurrently under one contract. Any
modifications to the schedule will be negotiated with the Conservancy.
The biological restoration plan includes the use of native species through acquisition of
plants from commercial suppliers, germination of seeds, cuttings, or transplants,
salvage of plants that would otherwise be destroyed, micro propagation, or other means
approved by the City.
0c
City Council Staff Report
October 4, 2017 - Page 7
Grant Agreement with CVMC
Dunn Road Property Restoration (CP 17-04)
Monitoring requirements are consistent with the requirements of the Grant, and include
both short term monitoring of cleanup and construction activities as well as longer term
site inspections. The short term monitoring will be done under contract, with longer term
monitoring to be done by City staff or on -call consultants, at the City's discretion.
The work to be contracted out for the restoration of the site will be paid for through the
grant. As part of its commitment to the project and condition of the grant, the City will
make an in -kind contribution for any staff time associated with the project including the
purchase and acquisition of the property. The City's contribution to the grant with in -
kind services will not be reimbursable.
ENVIRONMENTAL IMPACT:
Part of the Restoration Plan preparation cost included the preparation of California
Environmental Quality Act (CEQA) documentation for the project. The City filed a Notice
of Exemption with the County and the State Clearinghouse on January 30, 2017,
included as Attachment 4. As an environmental restoration project, the activities are
Categorically Exempt under CEQA Guidelines Sections 15308, 15313 and 15330.
FISCAL IMPACT:
After approval by City Council, the Conservancy will grant $484,100 for the restoration
of the property and will be available for awarding to the selected contractor. The City's
in kind contribution will be inclusive of staff time and services provided by any on -call
consultants.
SUBMITTED
Thomas Garcia, P.E.
City Engineer
David H. Ready, Esq., Ph
City Manager
Ma cus L. Fuller, M A, P.E., P.L.S
Assistant City Manager
Attachments:
1. Grant Agreement: Proposition 1
2. Resolution No. 24057 — Dunn Road Property Acceptance
3. CVMC Resolution
4. Notice of Exemption
P7
ATTACHMENT 1
Grant Agreement No. 3850-P01-0008 Ph2
Page I 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:
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 furnishing 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. Budeet
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
r, 9
Grant Agreement No. 3850-P01-0008 Ph2
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.
f) 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 Ph2
Page 3 of 37
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 determine 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.
f) [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).
Grant Agreement No. 3850-POI-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 tiled to obtain this Grant Agreement.
(iii) Failure to make any remittance required by this Grant Agreement.
(iv) Failure to submit timely progress 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 or more 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 solely for the
Grant Agreement No. 3850-P01-0008 Ph2
Page 5 of 37
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. Renortine Reauirements.
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 Oneoine 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.
Grant Agreement No. 3850-POI -0008 Ph2
Page 6 of 37
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.
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
Jim R. Karpiak, Executive Director
73-710 Fred Waring Drive, Suite 112
Palm Desert, CA 92260
Phone: (760) 776-5026
E-mail: jkarpiak@cvmc,ca.gov
Direct all inquiries to the Project Manager:
Coachella Valley Mountains Conservancy
Kerrie Godfrey, Project Coordinator
73-710 Fred Waring Drive, Suite 112
Palm Desert, CA 92260
Phone: (760) 776-5026
E-mail: kgodfrey@cvmc.ca.gov
City of Palm Springs
David Ready, City Manager
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: (760) 322-8380
E-mail: David. Ready Ready@palmspringsca.gov
City of Palm Springs
Marcus Fuller
Director of Public Works
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Phone: (760) 322-8380
E-mail: Marcus.Fuller@palmspringsca.gov
1.�
Grant Agreement No. 3850-P01-0008 Ph2
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
COACHELLA VALLEY
MOUNTAINS CONSERVANCY
Jim R. Karpiak, Executive Director
Date
CITY OF PALM SPRINGS
David Ready, City Manager
Date
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 1; 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
values of the Site.
WORK FLAN
Site Assessment
Task'- ( Task Description
1. In concert with the Friends of the Desert
Mountains, initiate formal assessment of the
site including site description and history
Grant Agreement No. 3850-P01-0008 Ph2
Page 9 of 37
Product or Results Timeframe
Site description NTP + 3 months
3
3
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) :or civil
engineering services to prepare formal
scope of work for site cleanup and
i
restoration
4. Award contract and work with civil
engineer to develop Site Cleanup and
Restoration Plan
Site Cleanup and Remediation
Task Task Description
5. Develop bid package for implementation of
Site Cleanup and Restoration Plan
6. Solicit and scare bids; award contract(s)
7. Begin removal of waste substances and
trash
8. Begin site restoration; complete
construction
RFP
NTP + 9 months
Site Cleanup and NTP+ 12 months
Restoration Plan
Product or Results Timeframe
Bid package NTP+ 1S months
Executed contract NTP + 18 months
with qualified
contractor
Site cleanup NTP + 21 months
Site remediation NTP +21 months
I WORK PLAN
Site Maintenance
Task'„ Task Description
9. Design, procure and install signage to deter
future dumping
10. Maintain site
Public Education and Outreach
Task Task Description
11. Develop public education plan
i
12. Implement education and outreach
activities
Project Administration
Task
_- Task Description
13.
Initiate photo and video documentation of
project
14,
Gather data and evaluate project
15.
Assemble and submit invoices
16.
Develop and submit Final Report
Grant Agreement No. 3850-POI-0008 Ph2
Page 10 of 37
Product or Results Timeframe
Site Protection NTP+ 21 months
Site Protection
Product or Results
Education and
Outreach Plan
Predetermined
activities
Product or Results
Outreach
NTP+ 30 months
Timeframe
NTP + 10 months
NTP i 21 months
Timeframe
NTP + 3 months
Project Evaluation NTP + 21 months
Invoices NTP + 22 months
Final Report - NTP+ 24 months
Grant Agreement No. 3850-P01-0008 Phl
Page 11 of37
EXHIBIT B
BUDGET
PROJECT COSTS:
Cultural Resources
Phase II Site Investigation and Curation
Tribal Monitor
Subtotal
Hazardous Materials Remediation
EnAronmental Labor
Preparation for Remedial Actions (PM)
Preparation for Remedial Actions (Tech)
Oversight of Debris Removal (PM)
Oversight of Debris Removal (Tech)
Travel to site (PM)
Travel to site (Tech)
Project Coordination (PM)
Final Report (PM)
Subtotal
Equipment & Supplies
Environmental Meters
Gloves, ice, etc
Truck Use
Subtotal
Chemical Analyses (soil)
TPIH using EPA Method 8015
VOCs using EPA Method 8260E
Metals using EPA Method 6010
Subtotal
Contractor Costs
Meetings & preparation
Daily Labor
$20,000
S10,200.00
$30,200.00
S 1,440.00
$720.00
S 1,920.00
S6.600.00
$720.00
$1,320.00
S 2,400.00
S 1,920.00
$17,040.00
$220.00
$275.00
$550.00
$1,045.00
$450.00
$510.00
$660.00
$1,620.00
S2,400.00
$4,950.00
Activity
Daily Small Equipment & Supplies
Soil drum removal & disposal
Drum Removal Fuel Surcharge
Equipment Mobilization Demobilization
Equipment Use
Debris Transportation & Disposal
Subtotal
Biological Restoration
Primary Mapping & Staking
Removal of Infrastructure & Dead Plants
Seed and Plant Collection
Site Contouring & Hydro. Connectivity
Seeding
Container Plant Installation
Maintenance & Monitoring (5 years)
Subtotal
Grand Total
Grant Agreement No. 3850-P01-0008 Ph2
Page 12 of 37
Amount
S 1,650.00
S840.00
S 70.00
S5.000.00
S22.000.00
S 196.62 5.00
$233,535.00
S5,160.00
S6,500.00
$9,500.00
S61,000.00
S68,000.00
S 11000.00
S38.500.00
$200,660.00
$484,100.00
61
0
Grant Agreement No. 3850-POI-0008 Ph2
Page 13 of 37
EXHIBIT C
SCHEDULE
t Dwation
Tasks start Rate; End Date (months)
Cultural Resources
April
June
6?01
7
M17
Hazardous Material Remediation
April
Dec
8
2017
?017
Biological Restoration
January
June
6
2018
2018
Performance Monitoring Plan Reporting
June
June
Every 3mo
2018 2022
Annual Monitoring and Management Report
June
June
Annually
(Exhibit J)
2022
2038
Li
Grant Agreement No. 3850-P01-0008 Ph 2
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
22
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
23
Grant Agreement No. 3850-POI-0008 Ph2
Page 16 of 37
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) INDEMNIFICATION/INSURANCE:
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
24
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.
25
Grant Agreement No. 3850-P01-0008 Phi
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
26
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 party 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 full 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.
27
Grant Agreement No. 3850-P01-0008 Phl
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 PROPOSITION 1 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, mountainous 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 eligNe for funding under its Proposition 1 Grant Program
Guidelines (Guidelines); and
WHEREAS, the City of Palm Springs (City) is a municipal corporation existing under its
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 -owned, 40-acre parcel located
on the southern limits of Palm Springs on Dunn Road near State Route 74 (Site), a
fomTer 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-P01-0008 Ph2
Page 21 of 37
CVMC Resolvilon No. 2017-08
March 23, 2017
Page 2 of 4
WHEREAS„ because the Site Iles at the headwaters of the Palm Canyon Wash,
contamination from the debris field seeps into Pain Canyon, and the Citys 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
plants; and
WHEREAS, the City submitted a Proposition 1 local assistance grant application for
funding in an amount not to exceed S484,100 (the Grant) to implement the 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 flaming into the aquifer and contribute to improved water quality,
which fulfills the Proposition 1 objectives of Public Resources Cone section 79732
(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); and
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 Coachella Valley
Multiple Species Habitat Conservation Plan to award Grant; and
WHEREAS, the Conservancy wishes to authorize a local assistance grant to the City in
the form of Grant for the implementation of the Project; and
29
Grunt Agreement No. 3850-P01-0008 Ph2
Page 22 of 37
CVMC Resolution No. 2017-08
March 13 2017
Page 3 of 4
WHEREAS, the Project is categorically exempt from CEOA review pursuant to CEQA
Guidelines Sections 15308 (Actions by Regulatory Agencies for Protection of the
Environment), 15313 (Acquisition of Lands for Wildlife Conservation Purposes) and,
15330 (Minor Actions to Prevent, Minimize, Stabilize, Mitigate or Eliminate the Release
or Threat of Release of Hazardous Waste or Hazardous Substances), and the City -
filea a Notice of Exemption on January 26, 2017 for the Project; and
NOW, THEREFORE, be it resolved in regular session of the Governing Board of the
Coacher Valley Mountains Conservancy that the Board finds and determines that the
Project meets the objectives of the California Water Action Plan and Proposition 1,
including but not limited to those objectives sat forth in Public Resources Sections
79732 (a) (11), 79732 (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 consWent 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 Palen 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:
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 attorneys 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 losses, 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;
3
3
Grant Agreement No. 3850-POI-0008 Ph2
Page 23 of 37
CVWC Resolurian No. 2017-08
March 13, 2017
Page 4 of 4
4. That the Grantee shall maintain accounting records of how the grant sum,was
spent for a period of three years, and shall make such records available for
inspection by the Conservancy or the Department of Finance upon request by
either agency,
5. That the Conservancy shall review and approve all material changes to the work
contemplated by the Grant as described in the grant application prior. to their
implementation: and
8. That any 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 eonservatron easement or other instrument
approved by the Conservancy 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.I<, 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 Wei11, Chairman
Coachella Valley Mountains Conservancy
3 1
Grant Agreement No. 3850-P01-0008 Ph2
Page 24 of 37
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 pratect
the natural and cultural rasources 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, loca, 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 20141' 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 oo;ectives of
the California Water Action Plan, namely, more reliable water supplies, the restoration
or important species and habitat, and a more resilient and sustairrabty 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 $2.6 million available toy
eligible projects in fiscal year 2015-16, and approximately $2.0 million per year for the
next four fiscal years; and
Grant Agreement No. 3850-P01-0008 Ph 2
Page 25 of 37
Resorution 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 boon duly adopted or passed as an offcial 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 cf an existing paved
remnant parcel located at S. Palm Canyon Drive and Sunny Dunes Road that
accepts stonmwater runoff from the surrounding industrial neighborhood and
conveys it via drainage $wale directly to Tahquitz Creek. This project includes a new
drainage system with oil/rater 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 & Remedia,ion Project — this project proposes
to remadlate 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; stonnwater
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 & Remedlellon 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,
33
Grant Agreement No. 3850-POI-0008 PU
Page 26 of 37
Resok&n 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 prop"
may transfer the responsibility to maintain the property to a qualified local, state, or
federal agency, of 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 examire all records, books, papers, or documents related to the
grants.
6. The City of Palm Springs will comply where applicable voith provisions of tha
California Environmental Quality Act and the California Relocation Assistance Act,
any other state, and/or local taws, andlof regulations.
ADOPTED THIS 778 DAY OF OCTOBER, 2015,
ATTEST:
A
4�� ames Thompson, City Clark
Grant Agreement No. 3850-P0I-0008Ph2
Page 27 of 37
RasoluNan No. 23903
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
1, JAMES THOMPSON, City Clark of the City of Palm Springs, hereby certify that
Resolution No, 2390 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Ccuncil of the City of Palm Springs on the 7�'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.
mes Thompson. City, Clerk jeolg5lt,
City of Palm Springs, California jet
3 5
Grant Agreement No. 3850-P01-0008 Ph2
Page 18 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-P01-0008 Ph2
Page 19 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.
37
Grant Agreement No. 3850-P01-0008 Ph 2
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.
Proiect Files:
1. All supporting documentation maintained in the Program/Project files.
2. All Grant Agreement related correspondence.
zg
Grant Agreement No. 3850-P01-0008 PO
Page 31 of 37
EXHIBIT H
ADDITIONAL TERMS AND
CONDITIONS
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 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
be used to pay for simple maintenance; rather the funds must be for things like professional
30
Grant Agreement No. 3850-P01-0008 Ph2
Page 32 of 37
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.
40
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-P0l-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
Grant Agreement No. 3850-P01-0008 Ph2
Page 34 of 37
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. Budaet 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.
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
Gi'a77t Agreement No. 3850-P01-0008 Phl
Page 35 of 37
ACKNOWLEDGMENT
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, or
validity of that document.
State of California
County of
On
before me,
(insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/herftheir authorized capacity(ies), and that by his/her/their signature(s) on the 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 the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
4 :3
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 '/2 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
44
Grant Agreement No. 3850-P01-0008 Ph2
Page 37 of 37
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:
�' J
ATTACHMENT 2
46
DATE: July 6, 2016
City Council Staff Report
CONSENT CALENDAR
SUBJECT: APPROVAL OF A REAL PROPERTY ACQUISITION AGREEMENT WITH
AENEAS VALLEY RANCH, LLC, A WASHINGTON LIMITED LIABILITY
COMPANY, TO ACCEPT DONATED PROPERTY IDENTIFIED BY
ASSESSORS PARCEL NUMBER (APN) 635-060-011 FOR THE
PROPOSITION 1 GRANT PROGRAM — REMEDIATION OF THE DUNN
ROAD SITE
FROM: David H. Ready, City Manager
BY: Public Works & Engineering Department
SUMMARY
The City has successfully obtained a grant in the amount of $65,390 from the Coachella
Valley Mountains Conservancy through the Proposition 1 Grant Program to proceed
with preparation of a remediation plan and required environmental documentation to
complete the remediation of a 40-acre parcel of land to be donated to the City by the
property owner, Aeneas Valley Ranch, LLC, a Washington limited liability company,
(James Platt, Managing Member). This action will approve and authorize the City
Manager to enter into an agreement to acquire the donated real property, identified by
Assessor's Parcel Number (APN) 635-060-011, and to authorize issuance of a
Purchase Order in the amount of $65,390 with Terra Nova Planning and Research.
RECOMMENDATION:
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS CALIFORNIA, ACCEPTING THE DONATION OF 40
ACRES OF VACANT REAL PROPERTY FROM AENEAS VALLEY RANCH, LLC, A
WASHINGTON LIMITED LIABILITY COMPANY, FOR THE PROPERTY
IDENTIFIED BY ASSESSOR PARCEL NUMBER (APN) 635-060-011"; and
2. Approve a Real Property Acquisition Agreement, (A ), with Aeneas Valley
Ranch, LLC, a Washington limited liability corporation, in the amount of $0 to accept
the conveyance of donated property identified by Assessor's Parcel Number (APN)
635-060-011; and
ITEM NO. *
47
City Council Staff Report
July 6, 2016 - Page 2
Acceptance of Donated Real Property APN 635-060-011
3. Authorize a Purchase Order in the amount of $65,390 with the City's "on -call"
environmental assessment (CEQA) services firm, Terra Nova Planning and
Research, Inc., pursuant to Agreement No. 6559, for preparation of environmental
and remediation documentation for the "Dunns Road Project"; and
4. Authorize the City Manager to execute all necessary documents, open escrow, and
pay for associated escrow and title costs associated with the acceptance of the
donated real property.
STAFF ANALYSIS:
On October 7, 2015, the City Council adopted Resolution No. 23903 supporting and
authorizing the submittal of applications for grant funds from the Coachella Valley
Mountains Conservancy Proposition 1 Program. 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.
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.
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. 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.
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. 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. 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. The minimum grant
amount is $5,000, The Conservancy will administer one or more competitive cycles
each fiscal year through the issuance of a notice of funding availability ("NOFA").
Applicants must submit a Conservancy Proposition 1 grant application package in
accordance with the requirements of a NOFA to be considered.
48
City Council Staff Report
July 6, 2016 - Page 3
Acceptance of Donated Real Property APN 635-060-011
On May 11, 2015, the Conservancy adopted the Proposition 1 Grant Program
Guidelines, and requires:
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 tiling 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.
Eligible projects include 'Watershed Restoration Projects" intended to enhance
watershed related natural features, such as washes, channels, streams, or riverbeds.
An example is by implementing a project to cleanup or remediate hazardous materials
that are detrimental to water quality and/or habitat value. Under this eligible project
category, staff recommended and the City Council approved the submittal of an
application related to the remediation of a 40-acre agricultural parcel of land:
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 1. 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
Figure 1
49
City Council Staff Report
July 6, 2016 - Page 4
Acceptance of Donated Real Property APN 635-060-011
The 40-acre parcel of land is 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.
Figure 2
50
City Council Staff Report
July 6, 2016 - Page 5
Acceptance of Donated Real Property APN 635-060-011
The parcel of land was previously used for agricultural purposes, but subsequently has
had trash, debris and refuse, including potentially hazardous materials, illegally
disposed on the site. A close up aerial view of the parcel is shown in Figure 3.
Figure 3
On January 22, 2016, the Conservancy notified the City of the Conservancy's approval
of the Remediation Project, and a recommending of funding. A copy of the
Conservancy's letter is included as Attachment 1. Subsequently, the City has received
an agreement from the Conservancy awarding the City $65,390 in Proposition 1 funding
City Council Staff Report
July 6, 2016 - Page 6
Acceptance of Donated Real Property APN 635-060-011
to initiate the first phase of the Remediation Project, described as: 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. A copy of the Proposition 1 grant agreement is included as
Attachment 2.
As a condition of the $65,390 award for initial phase one assessment and a remediation
and restoration plan, the Conservancy required that the city provide actual cost
estimates for environmental assessment services. Staff utilized the City's existing "on
call" agreement to acquire a quote for the services needed to begin the Dunn Road
project.
On June 18, 2014, city council approved an "on call" agreement with five professional
firms that provide environmental assessment services. The approved agreements
provided services for an initial three year term. On March 2, 2016, staff requested
proposals from each of the five firms approved by the city council for "on call"
environmental services, requesting scope and fee to provide preliminary environmental
services associated with the Dunn Road project. A copy of the City's Request for
Proposals solicitation is included as Attachment 3.
Of the firms that responded to the City's solicitation, Terra Nova Planning and Research
Inc., provided the lowest cost and most complete response for the preliminary
environmental phase of the Dunn Road project, at a cost of $65,390; it was on the basis
of Terra Nova's scope and fee that the City provided the requested preliminary phase
cost information to the Conservancy, on which they based their initial award to the City
in the same amount. A copy of the Terra Nova proposal is included as Attachment 4.
Staff recommends that the City Council authorize a Purchase Order in the full amount of
$65,390 to begin the initial phase of the Dunn Road project. Once complete, staff will
submit proof of payment to the Conservancy for reimbursement.
Subsequent phases of funding through the Conservancy's Proposition 1 Program are
anticipated to cover physical remediation of the property. However, there is no
guarantee that the Conservancy will award the City future funding to complete the
remediation project. In that event, the City has coordinated with the California
Department of Resources, Recycling and Recovery to request that the state accept and
participate in the cleanup and remediation of the property through their Solid Waste
Disposal and Codisposal Site Cleanup Program; a copy of the City's request letter is
included as Attachment 5. The California Conservation Corps has also indicated an
interest in providing resources and participating in the cleanup of this property.
At the September 2, 2015, City Council closed session meeting, Council provided
direction to staff to pursue acquisition of the property and open escrow with the property
owner, on the condition that acquisition does not occur unless the City is awarded the
City Council Staff Report
July 6, 2016 - Page 7
Acceptance of Donated Real Property APN 635-060-011
Proposition 1 Grant. At the June 15, 2016, City Council closed session meeting,
Council received an update from staff on the City's award of the Proposition 1 grant
from the Conservancy, and directed staff to proceed with acceptance of the donated
property on the condition that escrow to acquire the donated property not close until
such time as the City has secured all grant funds necessary to complete the
remediation, or otherwise confirms third -party resources have been committed to the
City. The acquisition agreement to acquire the donated property has been revised to
identify and indefinite date to the closing of escrow (Section 2.3), as well as Paragraph f
of Section 2.3.1 "Conditions of City for Close of Escrow" which states:
(1) City has obtained 100% of the funding necessary to perform remediation and
cleanup of the Property, either from grant funding through the Coachella Valley
Mountains Conservancy or such other grant award agencies, or through
committed agreements with third party agencies to perform such remediation
(including the California Department of Resources, Recycling and Recovery to
request that the state accept and participate in the cleanup and remediation of
the property through their Solid Waste Disposal and Codisposal Site Cleanup
Program). As of the date this Agreement is executed, the City has obtained
funding to perform preliminary assessment and environmental review for actions
necessary to perform remediation and cleanup of the Property, at the completion
of this work, City will identify the full cost of the remediation and cleanup of the
Property and request additional funding from the Coachella Valley Mountains
Conservancy.
Staff has prepared a Real Property Acquisition Agreement with the property owner,
Aeneas Valley Ranch, LLC, a Washington limited liability company, (James Platt,
Managing Member), to facilitate the transfer and conveyance of the donated real
property to the City. A copy of the agreement is included as Attachment 6.
ENVIRONMENTAL IMPACT:
Section 21084 of the California Public Resources Code requires Guidelines for
Implementation of the California Environmental Quality Act ("CEQA"). Section
15061(b)(3) of the CEQA Guidelines exempts activities that are covered under the
general rule that CEQA applies only to projects that have the potential to cause
significant effects on the environment. Where it can be seen with certainty that there is
no possibility the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. The proposed activity undertaken by this action is to
authorize the acceptance of donated real property, with the resulting action being the
transfer of title from the current property owner to the City of Palm Springs. No physical
changes to the property will result from the action being taken. The future remediation
of the property is subject to separate environmental review in accordance with the
CEQA Guidelines, which will be completed prior to the City Council's approval of any
actions implementing such remediation.
53
City Council Staff Report
July 6, 2016 - Page 8
Acceptance of Donated Real Property APN 635-060-011
FISCAL IMPACT:
The fair market value of the property to be donated and accepted by the City is
$200,000; however, costs to remediate and clean up the property have been estimated
to cost as much as $700,000. Acceptance of the donated real property requires the City
to enter into escrow to facilitate the conveyance of property; it is estimated that escrow
and title fees in the amount of $10,000 will be incurred. Escrow to acquire the donated
property will not close until the City has secured such additional funds as may be
necessary to complete the required remediation of the property, or the City secures
third -party resources committed to such clean up. Sufficient funding for estimated
escrow fees are budgeted and available in the General Fund, Account 001-4171-43200.
Sufficient funds are budgeted and available in the Recycling Fund Account No. 125-
1280-42691 to authorize the Purchase Order with Terra Nova in the amount of $65,390
which will be reimbursed by the Conservancy.
SUBMITTED:
i1I
Marcus L. Fuller, M A, P.E., P.L.S.
Assistant City Manager/City Engineer
Attachments:
David H. Ready, Es
City Manager
1. January 22, 2016, Conservancy Letter
2. Proposition 1 grant agreement
5. Y", I Lea's, - oUrU Y Y G.J , El:,, -1 fi:i v d e e m _ ;. f y .:,m
eya
Real Ar
Agreement
E4
ATTACHMENT 1
PROTECTING OUR NATURAL AND CULTURAL HERITAGE
January 22, 2016
Michele Mician
Sustainability Manager
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Subiect: Annlication for Proposition 1 GranVRemediation and Accuisition of
Dunn Road Site
Dear Michele:
The CVMC Board of Directors met on Monday, January 11 to review the staff and expert
panel recommendations for the proposals from the Proposition 1 Grant Program NOFA 2015-01,
including the City of Palm Springs' application for funding of the remediation and acquisition of
the Dunn Road site (the "Project"). The panel recommended the Project for funding with some
conditions based on the Project's ranking under the evaluation criteria in the Grant Program
Guidelines. As we discussed, the conditions relate to obtaining and verifying more precise cost
estimates and imposing a conservation easement on the site after its acquisition.
I am pleased to report that the Board directed CVMC staff to work with the City on
preparing a resolution awarding a grant to the City to fund the site assessment activities needed
to develop and estimate the cost of the remediation plan for consideration at an upcoming Board
meeting. The costs of preparing CEQA documentation for the Project's implementation would
also be eligible grant expenses, so those can be included in the site assessment grant. Note that
an award will not be made until final approval of a resolution by the Board and execution of a
grant agreement between the City and CVMC.
In order to be able to establish the specific amount of the site assessment grant, we
request that the City undertake procurement for such work prior to our placing the item on the
agenda. We hope to schedule Board consideration at the May 9, 2016 meeting, for which the
agenda will be finalized on or about April 28, 2016. The next meeting after that will be on
73-710 Fred Waring Drive, Suite 112, Palm Desert, CA 92260 (760) 776-5026 www.cvmc.ca.g"r
U V
Michele Mician
January 22, 2016
Page 2
Julyl3, with the agenda to be finalized around. June 29. Please let me or Bob Gossman of our
staff know if you have any questions.
We appreciate the City's willingness to participate in the Conservancy's program to
implement the California Water Action Plan in the Coachella Valley and look forward to
continuing to work with you and other City officials. .
Sincerely yours,
+J'R.
arpiak
ve Director
cc: Charlotte Whitney
Bob Gossman
U7
ATTACHMENT 2
DRAFT COPY
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:
Environmental Review and Remediation Plan for San Jacinto
Mountains Watershed Acquisition & Restoration
GRANT APPLICANT (agency and address, include zip
code)
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
GRANT APPLICANT'S REPRESENTATIVE
AUTHORIZED IN RESOLUTION (name typed)
Marcus Fuller
PERSON WITH DAY-TO-DAY RESPONSIBILITIES FOR
PROJECT IF DIFFERENT FROM AUTHORIZED
REPRESENTATIVE
Michelle Mician
BRIEF DESCRIPTION OF PROJECT
AMOUNT OF GRANT REQUESTED
$65,390.00
ESTIMATED TOTAL PROJECT COST
$65.390.00
COUNTY
Riverside
PROJECT ADDRESS
Portion of Riverside County in the South area
of Palm Spril (, 40 acres In S T _ R____ _)
NEAREST CROSS STREET
Dunn Road (must have this filled in)
SENATE DISTRICT I ASSEMBLY DISTRICT
NO. 28 11 NO 42
TITLE PHONE
Assistant City Manager/ (760) 322.8280
City Engineer
TITLE PHONE
Sustainability Manager (760)323-8214
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
f certify that the information contained in this project application form, including required attachments, is accurate.
SIGNED
DATE
Grant Applicant's Authorized Representative as shown in Resolution
Page 1 -
J9
DRAFT COPY
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.
Name, Title
Page 2
Date
DRAFT COPY
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:
May 26, 2016
Completion Date:
August 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:
City of Palm Springs
Grantor:
Coachella Valley Mountains Conservancy
By: By:
Marcus Fuller
Assistant City Manager/City Engineer
Page 3
Jim R. Karpiak
Executive Director
C4
DRAFT COPY
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 Friends of the Desert Mountains, a California nonprofit public
benefit corporation
& 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 Julv 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
DRAFT COPY
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.
B. Grantee shall provide access by C\/&!C 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
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 for prepayment 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 C 3
DRAFT COPY
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 October 31, 2016.
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
l
DRAFT COPY
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
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.
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 ansing
out of the gross negligence 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
65
DRAFT COPY
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. Severabiity
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. T he audit shall include all books, papers, accounts, ducurnents, or other records
of the Grantee, as they relate to the Project for which the Grant Funds were granted.
Page 8
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SPECIAL CONDITIONS
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
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EXHIBIT A
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 Cl 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 July 1, 2016;
• Complete environmental documentation and remediation plan by July 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 68
ATTACHMENT 3
e�
RESOLUTION 2017-08 OF THE GOVERNING BOARD OF THE
COACHELLA VALLEY MOUNTAINS CONSERVANCY
ADOPTED IN REGULAR SESSION
MARCH 13, 2017
APPROVING A PROPOSITION 1 LOCAL ASSISTANCE GRANT TO THE
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, mountainous 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 its
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 -owned, 40-acre parcel located
on the southern limits of Palm Springs on Dunn Road near State Route 74 (Site), a
former 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
70
CVMC Resolution No. 2017-08
March 13, 2017
Page 2 of 4
WHEREAS; because the Site lies at the headwaters of the Palm Canyon, Wash,
contamination from the debris field seeps into Palm Canyon, and the Lity's 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 -
plants; and
WHEREAS, the City submitted a Proposition 1 local assistance -grant application for
funding in an amount not to exceed $484,100 (the Grant) to implement the 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 aquifer and contribute to improved water quality,
which fulfills the Proposition 1 objectives of Public Resources Code section 79732
(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); and
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 Coachella Valley
Multiple Species Habitat Conservation Plan to award Grant; and
WHEREAS, the Conservancy wishes to authorize a local assistance grant to the City in
the form of Grant for the implementation of the Project; and
71
CVMC Resolution No. 2017-08
March 13, 2017
Page 3 of 4
WHEREAS, the Project is categorically exempt from CEQA review pursuant to CEQA
Guidelines Sections 15308 (Actions. by., Regulatory Agencies for Protection of the
Environment), , 15313 (Acquisition of Lands for Wildlife Conservation Purposes) and
15330 (Minor Actions to Prevent, Minimize,. Stabilize, Mitigate or Eliminate the Release.
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 resolved in regular .session of the Governing Board 'of the
Coachella Valley Mountains Conservancy that the Board finds and determines that the
Project meets the objectives of the California Water Action Plan and Proposition 1,
including but not limited to those objectives set forth in Public Resources Sections
79732 (a) (11), 79732 (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 Conservancys 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:
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 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 agreement and the activities funded by
the Grant, including, but not limited to, any such losses, 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;
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CVMC Resolution No. 2017-08
March 13, 2017
Page 4 of 4
4. That the Grantee shall maintain accounting records of how the grant sum'.was.,
spent fora .period _of three years. and. shall make such records available for
inspection by1he Conservancy or the Department of Finance upon request by
either agency;
5. That the Conservancy shall review and approve all material changes to the .work
contemplated.by the Grant as described in the grant application prior:to their
implementation; and
6. That any 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 Conservancy 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.
/T(e_Weill, Chairman
Coachella Valley Mountains Conservancy
ATTACHMENT 4
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Notice of Exemption
To: Office of Planning and Research
1400 Tenth Street
P.O. Box 3044, Room
113Sacramento, CA 95812-3044
County Clerk
County of: Riverside
2724 Gateway Drive
Riverside, CA 92507
From: Denartment of Public Works
City of Palm Sorinots
3200 East Tahouitz Canyon Way
Palm SUEj as. California 92262
Project Title: Dunn Road Pronertv Restoration Proiect
Project Applicant: City of Palm Sorinas
Appendix E
Project Location - Specific: Assessor Parcel Number 635-060-011, located at the southern City limits, Palm Springs,
Riverside County, CA
Project Location - City: Palm Snrines Project Location - County: Riverside
Description of Nature, Purpose and Beneficiaries of Project:
The Proposed Project consists of 40 acres of land in the San Jacinto mountains. The site is within a Conservation Area
for Peninsular bighorn sheep, as defined by the Coachella Valley Multiple Species Habitat Conservation Plan. The
property has been an orchard in the past, and has been subjected to extensive illegal dumping. The main goal of this
project is the removal of solid waste and potentially hazardous materials from the site and the restoration of the native
habitat on the property. The illegally dumped materials on the property will be removed, and the site restored to its
natural condition by qualified professionals.
Name of Public Agency Approving Project: Citv of Palm Snrines
Name of Person or Agency Carrying Out Project: City of Palm Snrines
Exempt Status: (check one):
❑ Ministerial (Sec. 2I080(b)(1); 15268);
❑ Declared Emergency (Sec. 21080(b)(3); 15269(a));
❑ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
® Categorical Exemption. State type and section number: CEOA Section 15308. 15313. 15330
❑ Statutory Exemptions. State code number.
Reasons why project is exempt:
The Project qualifies as a Categorical Exemption pursuant to Guidelines Section 15308, 15313 and 15330 because it will
protect the environment on and down -gradient of the site; will restore and conserve the property for wildlife habitat,
including the endangered Peninsular bighorn sheep; and will stabilize and mitigate previous illegal dumping of
household waste, oil drums and other materials occurring on the property at this time.
Lead Agency
Contact Person: Marcus Fuller. DirDor of Public Works
Signal re:_ ate:+ 1 7
® Signed by Lead Agency ❑ Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.
Reference: Sections 21108. 21152. and 21152,1, Public Resources Code.
Telephone/Extension: (760) 322-8380
i
Date Received for filing at OPR:
Revised 2011
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