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HomeMy WebLinkAboutC45800_Grant_Agreement_-_CVMC_CRCA signed Page 1 CRCA GRANT AGREEMENT Coachella Valley Mountains Conservancy State of California - The Natural Resources Agency Grantee Name: City of Palm Desert Project Title: North Sphere Regional Park Agreement Number: 38500000CRCA0015 Funding Source: General Fund Program: CRCA Grant Program Maximum Grant Amount: $300,000.00 Agreement Date: June 22, 2023 Completion Date: March 31, 2024 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 This grant will support the development of conceptual designs and prepare construction documents for a 27-acre regional park in an unimproved portion of Palm Desert between I-10 and Dinah Shore/Gerald Ford Drive. Project objectives include developing conceptual designs to create a multi-functional park that will weave natural features and processes into the built environment to promote climate adaptation and resilience. Funding will also support the preparation of construction bid documents and specifications to initiate the bidding process. 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. City of Palm Desert Coachella Valley Mountains Conservancy By:______________________________ By:________________________________ L. Todd Hileman Jim R. Karpiak City Manager Executive Director DocuSign Envelope ID: 2005ED3B-6FB8-45ED-BCBF-10131FFE8396 Page 2 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 for the Project, as described more particularly in the Special Conditions section below. 4. The term “Application Guidelines” means the CVMC Climate Resilience & Community Access Guidelines as approved by the Conservancy Board in November 2022. 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 City of Palm Desert, a local public entity in the County of Riverside, State of California. 8. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement. 9. The term “Payment Request” means a form provided by CVMC and/or an invoice and related documentation used by Grantee to request disbursements under this Agreement. 10. The term "Project" means the work listed in the Project Scope attached as Exhibit A to be accomplished with Grant Funds. 11. The term “Project Budget” means the CVMC approved cost estimate included in Exhibit A to this Agreement. 12. The term “Project Scope” means the description included in Exhibit A for work to be accomplished by the Project. B. Project Execution 1. Subject to the availability of funds in the Act, CVMC hereby grants to the Grantee a sum of money (the “Grant Funds”) not to exceed $300,000.00 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 March 31, 2024, 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. DocuSign Envelope ID: 2005ED3B-6FB8-45ED-BCBF-10131FFE8396 Page 3 3. Where relevant, Grantee shall at all times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000 et. seq., Cal Code Regs. title 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. 5. Where relevant, Projects must comply with any applicable laws pertaining to prevailing wages and labor compliance. 6. Grantee shall provide access by CVMC to any of its draft data, surveys, studies or other work product related to the Project within two business days of CVMC’s written request. 7. Prior to the commencement of any work, any modification or alteration in the Project as set forth in the Application on file with CVMC must be submitted to CVMC for approval. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. C. Project Costs 1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs shall not exceed in any event the amount set forth in Section B. 1 above, in accordance with the budget in the Project Budget, as it may be revised in writing by CVMC. Grant Funds are disbursed on a Reimbursement basis only, unless otherwise agreed to in writing by CVMC. Grantee may request reimbursement for Project costs paid through the Quarterly Invoicing and Reporting Process set forth in Section 2 below, provided that documentation of such costs in form reasonably acceptable to CVMC is submitted with the invoice. 2. Quarterly Invoicing and Reporting Process a. Payment requests may be submitted not more frequently than quarterly on the following schedule: i. 1st Quarter (January – March): by April 30 ii. 2nd Quarter (April – June): by July 31 iii. 3rd Quarter (July – September): by October 31. iv. 4th Quarter (October – December): by January 31 b. All payment requests must be submitted using a completed Payment Request form attached as Exhibit A - 1 that includes an itemized list of all expenditures proposed for reimbursement that identifies the corresponding budget category set forth in the Project Budget in Exhibit A or otherwise approved in writing by CVMC. c. Each payment request for reimbursement must also include proof of payment such as payroll records, receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made. d. In addition to the Payment Request, Grantee shall submit a brief narrative Project Status Report on Project activities and progress in the prior quarter. CVMC reserves the right to request additional information about the Project prior to processing the disbursement. e. Late Payment Requests will be accepted; however, processing may be delayed due to other regularly scheduled tasks required of CVMC related to state reporting and preparation for board meetings. f. Any Payment Request that is submitted without the required Project Status Report and required itemization and documentation, as determined reasonably by CVMC, will not be DocuSign Envelope ID: 2005ED3B-6FB8-45ED-BCBF-10131FFE8396 Page 4 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 are 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. 4. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in 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, photographs or other documentation upon request by CVMC. In any event Grantee shall provide CVMC with a report showing total final Project expenditures with the final payment request and required closeout documents. 2. Grantee shall make any studies, reports or other work product developed as part of the Project 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 June 30, 2024. 4. Final payment is contingent upon CVMC review of the Project and any 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 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 DocuSign Envelope ID: 2005ED3B-6FB8-45ED-BCBF-10131FFE8396 Page 5 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 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 between Grantee and CVMC may be cause for suspension of all obligations of CVMC hereunder. 5. At the discretion of CVMC, 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. F. Hold Harmless/Insurance 1. Grantee shall waive all claims and recourses against CVMC, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence or intentional misconduct of CVMC, its officers, agents and employees. 2. Grantee shall indemnify, hold harmless and defend CVMC, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project, including development, construction, operation or maintenance of the improvements and site described in the Project description which claims, demands or causes of action arise under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence or willful misconduct of CVMC, its officers, agents or employees. 3. Grantee and CVMC agree that in the event of judgment entered against CVMC and Grantee because of the gross negligence or intentional misconduct of both 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. 4. 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 insureds on their liability insurance for activities undertaken pursuant to this Agreement. Grantee shall provide State with certificates of coverage prior to commencing the Project. G. Financial Records 1. Grantee shall maintain satisfactory financial accounts, documents and records for the Project and make them available to CVMC for auditing at reasonable times. Grantee shall also retain such financial accounts, documents and records for a minimum of 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 DocuSign Envelope ID: 2005ED3B-6FB8-45ED-BCBF-10131FFE8396 Page 6 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. H. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by CVMC. Use of Work Product Grantee agrees that any reports, surveys and other work product developed as part of the Project are being created to achieve the public benefits and objectives of the Project and shall not be used for commercial purposes 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 implementation of the Project funded by this Agreement. J. Application Incorporation The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by CVMC are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement. K. Severability If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. L. Waiver No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. M. Assignment Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part. N. Audit Requirements Projects are subject to audit by CVMC annually for five (5) years following the final payment of Grant Funds and may be subject to audits by other State agencies after that. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted. If Grantee does not intend to retain Project records after five years, Grantee shall provide full copies of all Project records to CVMC prior to destroying any such records. DocuSign Envelope ID: 2005ED3B-6FB8-45ED-BCBF-10131FFE8396 Page 7 SPECIAL CONDITIONS 1. Grantee shall complete the Project in accordance with its proposal submitted to CVMC on March 15, 2023, on file with CVMC and hereby incorporated by reference, except to the extent modified by this Agreement or other writing executed by CVMC and Grantee. 2. Grantee shall make diligent efforts to secure funding for the construction of the park being designed through the Project and report on such efforts in each quarterly Project Status report. 3. Grantee’s use of funds for each of the three phases of the Project identified in the Budget is conditional on the completion of the prior phase; if a phase runs under budget, the balance may be applied to the next phase. DocuSign Envelope ID: 2005ED3B-6FB8-45ED-BCBF-10131FFE8396 Page 8 EXHIBIT A I. Project Scope As part of the City of Palm Desert’s regional park project, this grant will support the City’s development of conceptual designs and construction plans. Specifically, funding will support furthering the design process which includes garnering additional community input leading to the creation of final conceptual designs. Conceptual designs will incorporate nature-based solutions elements such as natural features and passive recreation facilities that promote multi-modal access and greenhouse gas reduction. After conceptual designs are finalized, funding will support the preparation of construction documents and specifications which will be used to begin the bidding process. Total cost of the Project is $627,425.00, with up to $300,000.00 awarded from the Conservancy. The City will use in-kind contributions to fund the difference, and the City has agreed to comply with all programmatic requirements of the CRCA. The Project is scheduled to last nine months. II. Project Schedule DocuSign Envelope ID: 2005ED3B-6FB8-45ED-BCBF-10131FFE8396 Page 9 III. Project Budget Budget Item Description Maximum Amount 1 Preliminary Conceptual Design $ up to 74,745.00 2 Final Conceptual Design $ up to 170,330.00 3 Pans and Bid Documents $ 54,925.00 Award Amount $ 300,000.00 DocuSign Envelope ID: 2005ED3B-6FB8-45ED-BCBF-10131FFE8396 Page 10 EXHIBIT A-1 Payment Request Form (GRANTEE LETTERHEAD) REQUEST FOR DISBURSEMENT OF CRCA GRANT FUNDS Grant Number: 38500000CRCAX X X X _______ _ Project Name: ______________________________ Grantee: ______________________________ ____ The undersigned, duly authorized representative of ________________________, hereby requests that the Coachella Valley Mountains Conservancy disburse the sum of $_______________________________ per the above-referenced CRCA grant agreement to __________________________________________________ at the following address: SEND CHECK DIRECTLY TO: ___________________________ ___________________________ ___________________________ For payment of the following budget categories: Description of Budgeted Item Total Costs per Budget Invoice #________ for Current Disbursement Total of Previous Invoices Remaining Budget Balance Total Grant Costs $0.00 Date: ____________________ Signature of authorized representative If you have any questions with respect to this request, please contact _________ at (760) XXX-XXXX. Attached is a copy of the documentation of the above costs. DocuSign Envelope ID: 2005ED3B-6FB8-45ED-BCBF-10131FFE8396