The URL can be used to link to this page

Home My WebLink AboutC33890A-B-Authz Mayr to execute CV Air Quality Enhancement Grants CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: AUTHORIZE THE MAYOR TO EXECUTE COACHELLA VALLEY AIR QUALITY ENHANCEMENT GRANTS (PROJECT NO. 767-15) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: August 28, 2014 CONTENTS: Grant Award & Authorization Agreement-Dinah Shore contract No. C33890A Grant Award & Authorization Agreement-University Site Contract No. C33890B Vicinity Maps Recommendation By Minute Motion: 1. Authorize the Mayor to execute Grant Award & Authorization Agreements for Dinah Shore Drive and Cal-State University Site; and 2. Appropriate $55,450 of AB2766 funds (if applicable) for local share match, or use General Fund reserves if AB2766 is not applicable. Backqround On April 24, 2014, City Council authorized staff to apply for two grants available through the County of Riverside from the Coachella Valley Air Quality Enhancement Trust established in 1989 as part of a settlement of litigation with Colmac Energy, Inc. (Colmac). Staff was notified on July 9, 2014, that the applications were successful and grants were awarded. The two areas identified as potential projects in keeping with the grant guidelines are Dinah Shore Drive between Miriam Way and the city limit, and the Cal-State University site at Cook Street and Gerald Ford Drive. Dinah Shore Drive will receive $50,000 toward the removal of blow-sand and site stabilization, with a $19,450 match. The Cal- State University site will receive $50,000 as well, with a $36,000 required match. The City's contributing match can be with in-kind services or monetary match. Staff Report Authorize Mayor to Execute Colmac Agreements (Project No. 767-15). Page 2 of 3 August 28, 2014 Fiscal Analysis The City is responsible for the stabilization of both of these sites. These grants will reduce the City's overall financial obligation for these projects by $100,000. Prepared By: Department Head: . } , ;,,./� � ;�/�?.�t,, �`��-�' `' � Cora L. Gaugush Mark Gree ood, P.E., Capital Improvement Projects Technician Director of Public Works � � CITY COUNCIL TION API'ROVED ._„DENTED Paul S. Gibson, Director of Finance REC�IVED OTHER MEI;TI G DA �: � Approval: AYrs: � �� i ` le e! G�. � � a� NOF,5: �F ,. ,, r�la�� :�' ., r.__ ABsrNT: � - �'�i 1_, . �� .-�...�� ABSTAIN: �� "�^' r,"�- V C RIFI�D R�'� �'�� Johri�M. Wohlmuth, City Manager Original on File with City Clerk's Office r, � Dinah Shore Contract No. C33890A GRANT AWARD & AUTHORIZATION AGREEMENT The County of Riverside(the"County"), and the City of Palm Desert(the"Grantee")hereby enters into the foliowing Grant Award &Authorization Agreement (the "Agreement"): RECITALS WHEREAS, the County issued a Request for Proposals for regional air quality enhancement projects, to be funded from the Coachella Valley Air Quality Enhancement Trust Fund; and WHEREAS, in response to the County's request, the Grantee submitted a proposal for a Coachella Valley Air Quality Enhancement Project, which was subsequently reviewed by the Coachella Valley Air Quality Advisory Committee and recammended for funding; and WHEREAS, on July 1, 2014, the Riverside County Board of Supervisors approved the recommendations of the Coachella Valley Air Quality Advisory Committee and authorized the County Executive Office to enter into an Agreement with the Grantee; NOW,THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the above premises and of the mutual covenants herein contained and for other valuable consideration, the parties hereto agree as follows: SECTION 1. DEFINITlONS (a) "COUNTY"shall mean the County of Riverside, a political subdivision of the State of Califomia. (b) "GRANTEE° shall mean the City of Palm Desert. (c) °AGREEMENT' shall mean that certain Grant Award & Authorization Agreement between the County and the Grantee dated July 1, 2014. (d) "PRQJECT" shall mean the regional air quality enhancement project to be conducted by the Grantee for positive benefit to regional air quatity in the Coachella Valley. SECTION 2. PURPOSE The purpose of this Agreement shall be implementation and operation of a regional air quality enhancement program for the Coachella Valley. The Scope of Work to be performeci by the Grantee pursuant to this agreement is attached hereto as Exhibit"A"and is incorporated herein by this reference. SECTION 3. ADMINISTRATI4N The Coun#y Chief Executive Officer(or his designee) shall administer this Agreement on behaif of the County. All reports, notices or other dacumen#ation shall be submitted to the Caunty Executive Office at the address set forth in Seetion 13. 1 Dinah Shore Contract No. C33890A SECTION 4. TERM The term of this Agreement shall be one year from the final execution date. Approved project must be completed within the one year term. Extensions of this time period may be requested in writing and sent to the address set forth in Section 13. SECTION 5. ALTERATION No aiteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and na oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. The Board of Supervisors and the County Executive O�cer are the only authorized County representatives who may at any time, by written order, make alterations within the general scope of this agreement. SECTION 6. TERMINATlON The County may terminate this Agreement upon thirty days written notice to the Grantee for any of the foNowing reasons: (a) In the event the Grantee fails to perform the covenants herein contained at such times and in such manner as is herein provided; or (b) In the event there is a conflict with any federal, state, or local regulation, or rule rendering any of the provisions of the Agreement invalid or untenable; SECTION 7. DOCUMENTATlON OF EXPENQITURES AU expenditures made pursuant to the Agreement shall be properly supported by appropriate accounting documents, and such documents shall be maintained in accordance with accepted accounting principles,practices, and procedures. The Grantee shall maintain and keep available all such documents for a period of not less than five(5) years after its Final Report has been submitted to the County as required by Section 9 herein, and be available for audit by the County. SECTtON 8. PAYMENTS (a) The total payment due t�the Grantee under this Agreement is$ 50,000.00 which will be used to support the Dinah Shore Drive Dust Control Project. (b) Payments shall be made to the Grantee upon receipt and approval of the reports and invoices as required in Section 9 below. Invoices for vehicle purchases must include proof of purchase and delivery. (c) The County Executive Office shall review invoices in a timely fashion, and submit them to the Auditor-Controller for payment. SECTION 9. REPORTS The Grantee shall submit quarterly performance reports. The fourth quarter report shall include an invoice for payment and be submitted within forty-five(45)days of the one year term, project completion and/or vehicle purchase and receipt. In the event the project is completed prior to the end of a twelve month period,the Grantee need only submit reports for the qua�ters preceding the end of the project. 2 Dinah Shore Contract No. C33890A SECTION 10. IPISPECTlONS The Grantee shall make available to the County for inspection and audit its records and data with respect to all matters covered by the Agreement. Inspections and audits may be made at any time after reasonable notice is given the Grantee. SECTION 11. INDEPENDENT CONTRACTOR The Grantee is,for purposes arising out of this Agreement,an independent contractor,and shall not be deemed to be an employee of the County. Contractor is not, and shall not be considered to be in any manner, an employee, agent or representative of the County. Personnel providing services under this Agreement on behalf of Contractor shall at aH times be under Contractor's exclusive direction and control. SECTION 12. FAIR EMPLOYMENT PRACTICES The Grantee shall not discriminate in #he hiring of persons to fulfill its requirements hereunder based on race, religion, national origin, sex, age, medica! disability or marital status, exclude any person from participation in, deny any person the benefit of, nor subject any person to discrimination under any program or activity funded pursuant to this Agreement. SECTION 13. NOTtCES Any notices required or desired by either party shall be addressed to the respective parties as set forth below and are deemed submitted one day after their deposit in the United Sta#es mail, postage prepaid: Coun Grantee County of Riverside City of Palm Desert Purchasing & Fleet Services 73-510 Fred Waring Drive 2980 Washington Street Palm Desert, CA 92260 Riverside, CA 92504 Attn: Van G. Tanner Attn: Ted Trujillo SECTiON 14. COMPLIANCE WITH LAW The Grantee shall comply with all Federal, State and local laws and regulations pertinent to its operations and the activities to be perFormed hereunder. The Grantee, its employees, and/or agents sha11 keep in effect any and all licenses, permits, notices,and certificates as are required thereby. SECTION 15. iNCORPORATED MATTERS The Grantee expressly represents that all documents incorporated by reference herein, and matters within such documents, have been reviewed and understood. SECTION 16. ASSIGNMEIdT Neither this Agreement nor any part hereof shall be assigned by the Grantee without the prior written consent of the County. 3 Dinah Shore Contract No. C33890A SECTION 17. WAIVER OF PERFORMANCE No waiver by the County at any time of any of the provisions of this Agreement shall be construed as a waiver at any time thereafter of the same o�any other provisions contained herein or of the strict and timely perFormance of such provisions. SECTION 18. INDEAANIFICATION The Grantee shall indemnify, and hold harmless the County, Special Districts, their respective directors, afficers, the Board of Supenrisors, employees, elected officials and agents from any liability whatsoever arising from the negligence of the Grantee and relating to or in any way connected with the accomplishment of the work or performance of services under this Agreement. As part of the foregoing indemnity, the Grantee agrees to protect and defend at its own expense, including attorney's fees, the County, Special Districts, their respective directors, o�cers, Board of Supervisors, employees, electect officials and agents in any legal action based upon any such alleged acts or omissions. SECTION 19. SEVERAB{LITY The invalidity of any provision in this Agreement as determined by a court of competent jurisdiction shall in no way affect,except as provided in Section 15,the validity of any other provision herein. SECTION 20. PARAGRAPH HEADINGS The paragraph headings herein are for the convenience of the parties only, and shall not be deemed ta govem, iimit, madify or in any manner affect the scope, meaning ar intent of the provisions or fanguage of this Agreement. SECTION 21. ENTIRE AGREEMENT This Agreement is intended by the parties hereto as the final expression of their agreement and understanding with respect to the subje�t matter hereof, and supersedes any and a!! prior and contemporaneous agreements and understandings, oral and/or written, in connection herewith. This Agreement may be changed or modifred only upon written consent of the parties hereto. [Balance of Page Intentionally Left Blank] 4 Dinah Shore Contract N0. C33$90A IN WiTNESS WHEREOF, the parties below have caused their duly authorized representatives to execute this Agreement on the �'� day of .� ,,\" -Z.�, �y , 2014. ATTEST: COUNTY OF RIVERSIDE GRANTEE --. � t Name: Lisa Boerner Name: Van G. Tanner Title: Purchasing Manager Title: Mayor Date: "l.—�—�� Date: 5 Dinah Shore Contract No. C33890A 0 � � � � � � � � � � � � � � � � aA � � � � � � " � a o � o a°�. °o ° o � o� �o c. u? �°n o v � � �� b a� "� � a� o� ,ti o 0 0 0 0 0 0 0 � o° o °o °o o° a o � �' 3 �n o 0000 0 � � � � � �� +� � c� � .00, °o o° o °oo° Oo °o �n o 0000 0 �° a a � � �� ' � � � U v� � '� p" �c a� s.� � ,.� a� � a �•� '� °' �• �°C .� � A � � �,,a: e� V � a '3a� •^ u � � � .c � 3 0 �v � N � � � v� � a '� � � � � y � `� � 'a ^° � Q' � '�s af .��., � � a� � � �n � � ao � � � ' � � � � .5 wr° A rn � � C,i �Ca aa � '� ,� � � � � c� w � x � °' �'.�'.�' � � � � � V � �+ ,a ,� A A ,� � � � � � a � � � � � � ,7�+ � ov� Q, a ,w �dV � � ��. , � .,, p� � �' o o � � o � G�+ e:aUo2fU U � �. U0.7 � y� Contract No. C33890A � k '. M �''. { t� �4, F �. ,� M.�� 5g�1 yx 9 �ih q,} %,.�'i4 �L 9 kA � r� , i � �; � s* t T �ys h;�,a 'i,� iax�4� * N �� ' � t� . �a�� .�: �� 7 ( �� ' � '�"�'�j .�� t. '^ 'Fy6M1�t k`tiy� -� # p�b A# vr"M�i y ��y 5 '�� `�, . �� .e 1�t.,�,' � �,',, C* 4 x,�y'�p��'�, i E�' (�`� �'� x �a��45i"��`�. �'r� `�I ,� �4* } y'*iaix.t�" . � � �'+r S � � v��:'u t�.� ; ,,�IC�,�� s 4'r ry x '�-= a� � � y*.� � MS„*Y! x°s . �:,"?� - �= Y{s. 4 `x:# . �; ''�� i � c '' ��"r,� i M '�"-a'?��i 4 #4x �5 �* �� * ��„M1�' • �' M'*��;�'� '� � k X�t � t�,�u� ��4;4 �: �i �'W t. � . �FM�,+i �'a � i R� .� ql # � V. Y� �#' ; : * kr..;'M r�� :.� � .' � �� ,. � 1 k ,. ., • F ` + � '� ' ', ��R :..�`, � �� , . # y�:' A K � 4�.. M 1 � * {• yy,��.: . ^.. 1�ry 4.,.„ • ,� y � t �1� � � i .�� "�;'Y! ��y, k'� i ., ^Y � � ��, ;.�..,, �1.IF�y «u � s �. � * t +;* # � � :.�` r� i . � � !. � #� *. .� w I I ��'llll III�� F .4 � 4'. � ��i�!� � � �` �� *' � ��G" � . � , , � . ,: k► ' .. � . #9, . � ��i:.`� * e� 6,��.- e ' �w*�'�„ .. .� �� Lt ,� : . ,� ,� � ,-� .s � . * R e #�� 4 . �� :.� � k �,f �_ ++�:y�:: '�.�.:' �•�� i. �r � �� H ir}�ti�.. ;.�- : * , J4 � p b w n' � �'-, i.F `. '� � 'fl � . � '�' � �� a#' a 4 +• �• �,� � �*#�+r.� �:��'a ♦` �� ',�� '�y ��I��I��I�I��w) � ,� . Sk��`��i�� '��k`'`� � a a �� ' �e +�' '� �"� � � ar r� � . �w . �'� � ��II� ' � �q�n�� x�t ��. �.�.. �` + �.., �R�'� �t F4 � ',�� . ef,� i'. m'"�" �k w.,�, �hr ,�� }� i �mC s1��''�' « 'i Sj pr�r � � � . .a x � �I4 '� �,'. � �� . �^ �r� . � ��. �.` M v * �S,: 4M• � � . �r�. *i R�A� ��,�1 �'��r�"„'� " �I 1��'��+f.1 djjll,it �i��=�P��'�`��u�,�'�`k`,. �'� " � � �.. � �� y�!,:�'$ � �b ,, �� r #'�,, ,1;�1�' �- i�� , y, .�� ,�+ !b � � �+ �, , �' .�„ .n �� ,. r� y'4t �R. 5''Pi ; f "��+� t 'rA ,,�' a' 4, •, ��.;1k,'# �� M " wh 'a "� ." ., ��n�� *� '�+lk�r,� � " �� 4,��w:.,� tl . �+� i�� s + � # . �,, ,r+ �, �. ,w� �,�,� �k � , � � �.4 y y,# } t l'" �p:* . '� t� '.1. � �#� '�!! 4� - a, t., � ��k �F i�� a a�. �` ��L • .a y'^, �* 4l°.� �P 3 �e�'N �*'�..,�. �.,X I I �'';'�f�.: .'� �x '� �'�.� '�� r .N r +•?•w� "" " � �i �'M ,� �,�, * ' � 'M!�'�*��:.�r��«,Y� � , '�x�. M'��', 4� F 4' fi'. 4 * r ' v �'� . r.. .�`1'�t i'�' T�`.y�" M Xu��'; � � A �, �, . :� '��. • 1' .µ , �n.�� KM aM,�,�;k.S„ y �'� � F�w ahn .C '.�, e. ' ..w '4,� F �KA 4. � l�fi. � ,,5 � . �} i �i:;� ` t � x ` � '' � �.M+�� ` k. ,i . � ifo- � M1 }�� Y..., � '�,* ��1 J + ► �' - .'� t+ "�� ' �k ��•• ; y � � ;�' +�,;��'p �"}4�+e�� t 4'. � ��+n ,+��: ' ��.i . '� ,� y` ..�i,. � +��. "�, ° y # .Mr'+ I� � i! �� y a i •* �' ;R; t+� n� �►, t .:. '� � � . �� , '� �,L ;�.°°TM��,�n•'t#,�� `'ts:,� �:� y � > � F � X� � �w ,� :M ,�' ++' "it .. �ax �r e.:. �'�, '"'� �.. + '�A ��vN`� � ,, . �i . . ��+ �� t �. R 4 •�k, aa w t, �Yh � ,�9,��.,., *... ;s. '�4.k,��i4I �`�_. � � � � . 3� • • �- � ,7 � �� '� � �`� . # • � , � �` * � i �G �4 � * � r '�R'..t Sk r :. i '�,�'' � �� y��1ia. ',, '� + . � W+ � a �.� `� p ��,�� , %� *�, ;� F.i� •fit'R ,.k } ...�. « �` Y �A tk �. M 4 ��•,,, � '�Y d# w � � �� a '" '�'K Y� ��t • �#x ��'�" �'i ,.� �S I�: wi ��. �i 1� � ` ♦ E � .''. ♦ `» t� 1�, � 4 s, � `. 4 ^ W .1 '�' �� t �Ai ,r ' � . np .� .�i� ��i �-A"'' �' � N . '. �i ix#i �, t !{h:� F ' ,�. ' •' r 'y � �� 4�;'� . ` *,�, 4' �.. . . 5 , .'�"a� . '. *s� n�� '�' C � � ��., .� . � `r 3'� ._ �' �. " ' �1CF, '� }'.. R�� .b �i'`�y.`{e �� iR �: ( � ` .�� V� �� ..k.r.. .':4 ?�'T n e 5 i� � �. .� � a ri � .„a �, •,+k r�' ++ r� � ��*, *r�i 4=�� '.� � � 7 a, M'�ry �';.�-r �� _ ' ��'', i��, :� . �"�y � ;�.c ,* .:+ � �.� �.:�� ,. . .�. �s�u,.� ��I� �. d, -� �� .. ��U� ., � � � �� s - � �` * F *� � �+€ v,,. `":se ; "' � t�, M' '� ''� �', �' i� �� - t��' �.� r=. i, �i ;� •�� N ti � ,4,. ,i�;j��:.. . � '�i,,.,T .. _ M Yt � M Y` � � � �r,. Mt �` � � � + � ., . _ _ �' � � $H� �� '� � �� ` � � � • � {� PPFR P" � - " s<. ' � � � � ;' .,; , . 'y Y^�� " '� '� ' �' t � ' Cosxro= ,� * , a *�•y � � - + �' � • � .� � . � # � � { � � `'�: . , ,, �.' . ` ,. , � , . � M t • . * i i�. �� I # •M j ` * . .1 � . . * ♦ .:♦ � .. � � ; ; a i .. h. ' . �� . y, + � � e . » . . . i . bk e.M.� #� � . .I�� Lr. i �I/� .. � e � + . i .� ►.*,..' �y ' � . ' ' � ..4"��I�i� ��h �� Y/ , . . � �, � � Q CARVERS PLZ W CARV * . . .�� , . � y � � . . ;�' d•R��. � �j,5 e' _ d : � . r ' « t.. � `. y � • � �f :' '�' ,� �.ucL`.. � p _°'f d _� ._ � :' '► • . � ', � � ' � �...FYl � .. .. - �,, f , ++u� ...,«.,.w .: � 4, • �. y;' . """""�"""-,"" <;'�n��Y�a�n��n��s��n��turn�ur�annuuu�n�a��r'� i �� j �� at�t�.� ■ ■ ■--■ ■ ■� �a�i�,t�i!-f""E"�-'. -i�-!'!`�'a!i-Rms�,i��R� , ' yt � .:..� u r�. ,��r r:� �� . . �•.• 9,. :riu'°A ' • � �: .t�.,. �a. �. e,,,. N�... � -...:—� .__..... ru �..,�r.x. �_ DINAH�SHORE DR �'� _�_. . . � . � r��r .. _. G�°FY�D�' � CURB ��_�� - - - - • 50' FROM CURB �� ' �� •��..�. 70' FROM CURB ��°''F��'p`�`�{ CITY BOUNDARY University Site Contract No. C33890B r c GRANT AWARD & AUTHORIZATION AGREEMENT The County of Riverside(the°Caunty"), and the City of Palm Desert(the"Grantee")hereby enters into the foliowing Grant Award &Authorization Agreement (the "Agreement"): RECITALS WHEREAS, the County issued a Request for Proposals for regional air quality enhancement projects, to be funded from the Coachella Valley Air Quality Enhancement Trust Fund; and WHEREAS, in response to the County's request, the Grantee submitted a proposal for a Coachetta Valley Air Qual�ty Enhancement Project, which was subsequently reviewed by the Coachella Valley Air Quality Advisory Committee and recommended for funding; and WHEREAS, on July 1, 2014, the Riverside County Board of Supervisors approved the recommendations of the Coachella Valley Air Quality Advisory Committee and authorized the County Executive Office to enter into an Agreement with the Grantee; NOW,THEREFORE, in the joint and mutual exercise of their powers, and in consideration of the above premises and of the mutual covenants herein contained and for other valuabfe consideration, the parties hereto agree as follows: SECTION 1. DEFINITIONS (a� "COUNTY"shall mean the County of Rivsrside, a political subdivision of the State of California. (b) "GRANTEE°shall mean the City of Palm Desert. (c) "AGREEMENT' shall mean that certain Grant Award & Authorization Agreement befinreen the County and the Grantee dated July 1, 2014. {d) "PROJECT" shall mean the regional air quality enhancement project to be conducted by the Grantee for positive benefit to regional air quality in the Coachella Valley. SECTION 2. PURPOSE The purpose of this Ag�eement shall be implementation and operation of a regional air quality enhancement program for the Coachella Valley. The Scope of Wor1c to be performed by the Grantee pursuant to this agreement is attached hereto as Exhibit"A"and is incorporated herein by this reference. SECTION 3. ADMINISTRATION The County Chief Executive Officer(or his designee) shall administer this Agreement on behalf of the County. AU reports, notices or other documentation shall be submitted to the County Executive Office at the address set forth in Section 13. 9 University Site Contract No. C33890B , r SECTION 4. TERM The term of this Agreement shall be one year from the final execution date. Approved project must be completed within the one year term. Extensions of this time period may be requested in writing and sent to the address set forth in Section 13. SECTION 5. ALTERATION No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding ar agreement not incorporated herein shalt be binding on any of the parties hereto. The Board of Supervisors and the County Executive Officer are the only authorized County representatives who may at any time, by written order, make alterations within the general scope of this agreement. SECTiON 6. TERMINATION The County may terminate this Agreement upon thirty days written notice to the Grantee for any of the following reasons: (a) fn the event the Grantee faiis to perform the covenants herein contained at such times and in such manner as is herein provided; or {b) In the event there is a conflict with any federal, state, or local regulation, or rule rendering any of the provisions of the Agreement invalid or untenable; SECTION 7. DOCUMENTATION OF EXPENDlTURES All expenditures made pursuant to the Agreement shall be properly supported by appropriate accounting documents, and such documents shall be maintained in accordance with accepted accounting principles,practices,and procedures. The Grantee shall maintain and keep avaitable all such documents for a period of not less than five (5) years after its Final Report has been submitted to the County as required by Section 9 herein, and be available for audit by the County. SECTION 8. PAYMENTS (a} The tota! payment due to the Grantee under this Agreement is $ 50,000.00 which will be used to support the University Site Dust Cont�ol Project. (b) Payments shall be made to the Grantee upon receipt and approvai of the reports and invoices as required in Section 9 below. Invoices for vehicle purchases must include proof of purchase and delivery. (c) The County Executive Office shall review invoices in a timely fashion, and submit them to the Auditor-Controller for payment. SECTION 9. REPORTS The Grantee shatl submit quarterly performance reports. The fourth quarter report shall include an invoice for payment and be submitted within forty-five(45)days of the one year term, project completion and/or vehicle purchase and receipt. In the event the project is completed prior to the end of a twelve month period,the Grantee need only submit reports for the quarters preceding the end of the project. 2 University Site Contract No. C33890B J SECTION 10. INSPECTIONS The Grantee shali make available to the County for inspection and audit its records and data with respect to all matters covered by the Agreement. Inspections and audits may be made at any time after reasonable notice is given the Grantee. SECT(ON 11. lNDEPENDENT CONTRACTOR The Grantee is,for purposes arising out of this Agreement,an independent contractor,and shall not be deemed to be an employee of the County. Contractor is not, and shall not be considered to be in any manner, an employee, agent or representative of the County. Personnel providing services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. SECTION 12. FAtR EMPLOYMENT PRACTtCES The Grantee shall not discriminate in the hiring of persons to fulfll its requirements hereunder based on race, religion, national origin, sex, age, medical disability or marital status, exclude any person from participation in, deny any person the benefit of, nor subjeat any person to discriminatian under any program or activity funded pursuant to this Agreement. SECTION 13. NOTICES Any notices required or desired by either party shall be addressed to the respective parties as set forth belaw and are deemed submitted one day after their deposit in the United States mail, postage prepaid: Coun Grantee County of Riverside City of Palm Desert Purchasing & Fleet Services 73-510 Fred Waring Drive 298Q Washington Street Patm Desert, CA 92260 Riverside, CA 92504 Attn: Van G. Tanner Attn: Ted Trujillo SECTION 14. COMPLIANCE WITH LAW The Grantee shall comply with all Federal, State and local laws and regulations pertinent to its operations and the activities to be performed hereunder. The Grantee, its employees, and/or agents shall keep in effect any and all licenses,permits, notices, and certificates as are required thereby. SECTION 15. INCORPORATED MATTERS The Grantee expressly represents that all documents incorporated by reference herein, and matters within such documents, have been reviewed and understood. SECTEON 16. ASSIGNMENT Neitf�er this Agreement nor any part hereof shall be assigned by the Grantee without the prior written consent of the County. 3 University Site Contract No. C33890B SECTION 17. WAIVER OF PERFORAAANCE No waiver by the County at any time of any of the provisions of this Agreement shali be construed as a waiver at any time thereafter of the same or any other provisions contained herein or of the strict and timely performance of such provisions. SECTtON 18. INDEMNIFICATION The Grantee shall indemnify, and hold harmless the County, Special Districts, their respective directors, officers, the Board of Supervisors, employees, elected officia(s and agents from any liability whatsoever arising from the negligence of the Grantee and relating to or in any way connected with the accomplishment of the work or pertormance of services under this Agreement. As part of the foregoing indemnity, the Grantee agrees to protect and defend at its own expense, including attorney's fees, the County, Special Districts, their respective directors, officers, Board of Supervisors, employees, elected officials anc! agents in any legal action based upon any such alleged acts or omissions. SECTION 19. SEVERABILITY The invalidity of any provision in this Agreement as determined by a court of competent jurisdiction shall in no way affect,except as provided in Section 15,the validity of any other provision herein. SECTION 20. PARAGRAPH HEADINGS The paragraph headings herein are for the convenience of the parties only, and shall not be deemed to govem, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement. SECTION 21. ENTIRE AGREEMENT This Agreement is intencled by the parties hereto as the final expression of their agreement and understanding with respect to the subject matter hereof, and supersedes any and all prior and contemporaneous agreements and understandings, oral and/or written, in connection herewith. This Agreement may be changed or modified only upon written consent of the parties hereto. [Balance of Page Intentionally Left Blank) 4 University Site Contract No. C33890B IN WITNESS WHEREOF, the parties below have caused their duly authorized representatives to execute this Agreement on the��'`^ day of .,�� v t_y____, 2014. ATTEST: COUNTY OF RIVERSIDE GRANTEE 1 Name: Lisa Boerner Name: Van G. Tanner Title: Purchasing Manager Title: Mayor Date: � —9" � `7 Date: 5 University Site Contract No. C33890B p � .� ,� .� � � � � � � � � a c s� ca o � � � � � � � � wA � � � � � � � 0 o° � oo°, 00 °o �n � �o � u? �n o � � i�r vMs�� 'b � rd � � o� ,� o 0 0 0 0 0 0 0 � o° °o o° o° °o °o °o ° � 3 �n o 0000 0 ,� a � � � �� +� +� ►� o 0 0 0 0 0 0 � � � °o o° o o° o o° °o � •� � c�v � � � d�- � � ��., � �i r�} r�} �}tf}tf}6g rfl� W � t�. � � v � �+' p; •��-, � � � � � a �� ...>. � O b0 ,� A � � �� 'a aUi o o � °' � � " ,t," N N V � � � � O s.+ � � � ;� � av ° ""� c� c. 'ct o2S y '� .id +�,. fYi �! C%2 t�0 a0 O � ~ ,� ^ E" Uz' U' c�.• 5 ar Wv°� A v°� � C� � ,`�� a a4 � � � �� .� m V Rr �" x � y, � � � �i '� ��~.�~ � � a� o� y V � � ,ci A A ,� ° � � � ++ p� E" a� � �" � � � A� R, „" '� t� 'C Q� � � � � 8� '� C •t" -i� W p � ,�' ,�-+' dU,� .�',� .�.�' rs, dc� �Sc.� � ¢� a 't� a'� v° Contract No. C33890B � � - G�� C/ � ti�a � �A � � ��0 � ��/,c O o � r� o V � _ � � �q� C� � � O ��'p _ -9p �� q �� 0 � . , �O,QO � a a a � � � � o � � 0 q O U � FRA1�Ii�C SINATF,'A DR G�o�Y�D�,� University Site � � � � � � . - � ��e,,,� • _• o�� E{_ .� ��