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STATE COASTAL CONSERVANCY (2)
�ti0 Su,;A (ace O'i FILE A-2020-237 r6 1, `AC)RK MAY PROCEED OTE OF CALIFORNIA IJiv iIL IN.�URANGE EXPIRES AGREEMENT NUMBER AM. NO. � �-�_ STANDARD AGREEMENT 19-158 c. R�orcouNCII. TAXPAYERS FEDERAL EMPLOYER Std.2 (Grant - Rev 01/18) ,�rE. IDENTIFICATION NO. 95-6000785 p� C �t) (Sllvici-C"VOLS)-i=+-1 d THIS AGREEMENT, made and entered into this 22nday of June 2020 in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting Executive Officer I State Coastal of Santa Ana , hereafter called the Conservancy, and , hereafter called the Grantee. The Grantee, for and in consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed, does hereby agree as follows: SCOPE OF AGREEMENT Pursuant to Chapter 4.6 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") hereby grants to the City of Santa Ana ("the grantee") a sum not to exceed $544,000 (five hundred forty-four thousand dollars), subject to this agreement. The grantee shall use these funds to complete the following project ("the project") at the City of Santa Ana, Orange County, as shown on Exhibit 1, which is incorporated by reference and attached. (Continued on the following pages) The provisions on the following pages constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA GRANTEE AGENCY GRANTEE (Pother Than an indWadual, state whether a o Watlon, partnership, ern.) State Coastal Conservancy City of Santa Ana BY (Authorized Signature) BY (Authorized Signature) 5Af Se� 1,�e� W C 1/1`v94 PRINTED NAME AND TITLE OF PERSON SIGNING FIRINTED NAME AND TITLE OF PERSON SIGNING Samuel Schuchat, Executive Officer Kristine Ridge, City Manager ADDRESS & PHONE NUMBER ADDRESS & PHONE NUMBER 1515 Clay Street, 101h Floor 20 Civic Center Plaza Oakland, CA 94612 Santa Ana, CA 92701 Phone: 510 286-1015 Phone: (714) 647-5400 AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY(CODE AND TITLE) FUND TITLEIPROP NO. DOCUMENT $544,000.00 Local Assistance General Fund I certify that this agreement is exempt PRIOR AMOUNT ENCUMBERED FOR THIS AGREEMENT FUND ITEM FISCAL YEAR from Department of $-0- 3760-1011-0001(E) :F2018ATUTE 18/19 General Services' approval. TOTAL AMOUNT ENCIAMI ERED TO DATE PROJECT NAME $544,000.00 City of Santa Ana Triangle Park Restoration I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. Edinda Corpuz Procurement and SIGNATURE OF ACCOUNTING OFFICER DATE Contracts Manager 6/22/2020 I_r urwry I me u ACCOUry iNG Li PKOJEu I wNtAuLK LJ CONTROLLER LJ STATE AGENCY City of Santa Ana Grant Agreement No. 19-15 Page 2 The City of Santa Ana Triangle Park project consists of final design and restoration of the City of Santa Ana Triangle Park located along the Santa Ana River Trail at 17'h Street. Restoration will include renovation of the viewing deck area, improved ADA accessibility, restoration of riparian landscaping, and installation of seating benches, trail and interpretive signage, and fencing. The grantee shall carry out the project in accordance with this agreement and a work program, as provided in the "WORK PROGRAM" section, below. The grantee shall provide any funds beyond those granted under this agreement which are needed to complete the project. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT The grantee shall not begin construction of the project and the Conservancy shall not be obligated to disburse any funds unless and until the following conditions precedent have been met: 1. The City Council of the grantee has adopted a resolution designating positions whose incumbents are authorized to negotiate and execute this agreement and amendments to it on behalf of the grantee. 2. The Executive Officer of the Conservancy ("the Executive Officer") has approved in writing: a. A work program for the project, as provided in the "WORK PROGRAM" section, below. b. A plan for installation of signs and acknowledgment of Conservancy support, as provided in the "SIGNS AND ACKNOWLEDGMENT" section, below. c. All contractors that the grantee intends to retain in connection with the project. 3. The grantee has provided written evidence to the Conservancy that: a. All permits, agreements, and approvals necessary to the completion and maintenance of the project under applicable local, state, and federal laws and regulations have been obtained. b. The grantee has provided for required insurance coverage, including additional insured endorsement, as described in the "INSURANCE" section, below. Notwithstanding the above, the grantee may begin to prepare plans, specifications and engineering work upon meeting conditions precedent no. 1 and 2, and upon the Executive Officer's review and approval of a separate work program for preparation of the plans, City of Santa Ana Grant Agreement No. 19-15 Page 3 specifications and engineering work (tasks, budget and timeline) and approval of any contractors that the grantee will retain to perform the engineering work. TERM OF AGREEMENT This agreement shall take effect when signed by both parties and received in the offices of the Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink or via electronic signature process specified by the Conservancy. This agreement shall run from its effective date through February 27, 2043 ("the termination date") unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by February 27, 2023 ("the completion date"). The grantee shall deliver a final Request for Disbursement to the Conservancy no later than March 31, 2023. AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its June 18, 2020 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit 2. This agreement is executed under that authorization. City of Santa Ana Grant Agreement No. 19-15 Page 4 Standard Provisions WORK PROGRAM Before beginning construction, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with the purposes of this grant agreement. The work program shall include: 1. Construction plans and that have been certified by a licensed architect or registered engineer, or approved by the grantee's Public Works Director. 2. A schedule of completion for the project specifically listing the completion date for each project component and a final project completion date. 3. A detailed project budget. The project budget shall describe all labor and materials costs of completing each component of the project, including the grantee's labor and materials costs and costs to be incurred under a contract with any third party retained by the grantee for work under this agreement. For each project component, the project budget shall list all intended funding sources, including the Conservancy's grant, and all other sources of monies, materials, or labor. Prior to final selection of a contractor, the grantee shall submit to the Executive Officer for written approval the names of all contractors that the grantee intends to hire. The grantee shall then comply with the above paragraph regarding submission and approval of a work program prior to construction. The work program shall have the same effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall construct the project in accordance with the approved work program. SIGNS AND ACKNOWLEDGMENT Prior to beginning the project, the grantee shall submit, for review and written approval by the Executive Officer, a plan for the installation of signs and acknowledgment of Conservancy support. Except as the Executive Officer agrees otherwise, the plan shall commit the grantee to mention the Conservancy's support in its project -related press releases, contacts with the media, and social media postings, and on its website. City of Santa Ana Grant Agreement No. 19-15 Page 5 The plan shall commit the grantee to shall install and maintain a sign or signs visible from the nearest public roadway identifying the project, acknowledging Conservancy assistance and displaying the Conservancy's log. The Conservancy shall provide to the grantee specifications for the signs. The grantee sign plan shall describe the number, design, placement and wording of the signs, or the specifications of a proposed, alternative method. The grantee shall implement the approved signs and acknowledgment plan. The Conservancy will withhold final disbursement until the signs are installed as approved by the Conservancy. BONDING If the grantee intends to use any contractors on any portion of the project to be funded under this agreement, construction shall not begin until each contractor has furnished a performance bond in favor of the grantee in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement shall not apply to any contract for less than $20,000. Any bond furnished under this section shall be executed by an admitted corporate surety insurer licensed in the State of California. COSTS AND DISBURSEMENTS When the Conservancy determines that all "CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT" have been fully met, the Conservancy shall disburse to the grantee, in accordance with the approved project budget, a total amount not to exceed the amount of this grant, as follows: The withholding for this agreement is five percent. The Conservancy shall disburse funds for costs incurred to date, less five percent, upon the grantee's satisfactory progress under the approved work program, and upon the grantee's submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Conservancy shall disburse the five percent withheld upon the grantee's satisfactory completion of construction and compliance with the "PROJECT COMPLETION" section, below, and upon the Conservancy's acceptance of the project. The Conservancy will reimburse the grantee for expenses necessary to the project when documented by appropriate receipts. The Conservancy will reimburse travel and related expenses at actual costs not to exceed the rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations ("CCR" ), except that reimbursement may be in excess of these rates upon documentation that these rates are not reasonably available to the grantee. Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for City of Santa Ana Grant Agreement No. 19-15 Page 6 unrepresented state employees as of the date the cost is incurred. The Conservancy will reimburse the grantee for other necessary expenses if those expenses are reasonable in nature and amount taking into account the nature of the project, its location, and other relevant factors. The grantee shall request disbursements by filing with the Conservancy a fully executed "Request for Disbursement" form (available from the Conservancy). The grantee shall include in the form its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description, including time, materials, and expenses incurred of all work done for which disbursement is requested. Hourly rates billed to the Conservancy, and specified in the approved work program budget shall be equal to the actual compensation paid by grantee to employees, which may include employee benefits. The form shall also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement. An authorized representative of the grantee shall sign the forms. Each form shall be accompanied by: All receipts and any other source documents for direct expenditures and costs that the grantee has incurred. 2. Invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing. 3. A supporting progress report summarizing the current status of the project and comparing it to the status required by the work program (budget, timeline, tasks, etc.) including written substantiation of completion of the portion of the project for which the grantee is requesting disbursement. The grantee's failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee until the grantee corrects all deficiencies. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS No increase in the total amount of this grant will be valid unless set forth written amendment to this agreement. The grantee shall expend funds consistent with the approved project budget. Expenditure on items contained in the approved project budget, other than overheard and indirect costs, may vary by as much as ten percent without prior approval by the Executive Officer, City of Santa Ana Grant Agreement No. 19-15 Page 7 provided that the grantee first submits a revised budget to the Conservancy and requests disbursement based on the revised budget. Any deviation greater than ten percent, and any deviation that shifts funds from approved budget items into an overhead or indirect costs category, must be identified in a revised budget approved in advance and in writing by the Executive Officer. The Conservancy may withhold payment for items which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. PROJECT COMPLETION Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting a final report by the final Request for Disbursement date set forth in the "TERM OF AGREEMENT" section that includes: 1. A report certifying completion of the project according to the approved work program, including photographs documenting project completion. 2. Documentation that signs are installed as required by the "SIGNS AND ACKNOWLEDGMENT" section of this agreement. 3. A fully executed final "Request for Disbursement." A "final Request for Disbursement" means a Request for Disbursement that includes the withheld amounts and all remaining amounts for which grantee is entitled to seek payment, if any, pursuant to this agreement. 4. A final inspection report by a licensed architect or registered engineer or the grantee's Public Works Director, and a copy of"as built" drawings of the completed project. The Conservancy shall determine whether the grantee has satisfactorily completed the project. If so, the Conservancy shall issue to the grantee a letter of acceptance of the project and release the withhold amount pursuant to the "COSTS AND DISBURSEMENTS" section. The project shall be deemed complete as of the date of the letter. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing. Before the project is complete, the Conservancy may terminate or suspend this agreement for any reason by providing the grantee with seven days notice in writing. In either case, the grantee City of Santa Ana Grant Agreement No. 19-15 Page 8 shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Conservancy. The Conservancy shall be responsible for any reasonable and non -cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work under this agreement shall remain in effect until further written notice from the Conservancy authorizes work to resume. If the grantee fails to complete the project as required, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Conservancy may have for breach of this agreement. Before the project is complete, the grantee may terminate this agreement for any reason by providing the Conservancy with seven days notice in writing and repaying to the Conservancy all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and allow early termination without repayment for work partially completed. The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this agreement under this section. The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section. OPERATION AND MAINTENANCE The grantee shall use, manage, maintain and operate the project throughout the term of this agreement consistent with the purposes for which the Conservancy's grant was made. The grantee assumes all operation and maintenance costs of these facilities and structures; the Conservancy shall not be liable for any cost of maintenance, management, or operation. The grantee may be excused from its obligations for operation and maintenance during the term of this agreement only upon the written approval of the Executive Officer. For purposes of this agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. City of Santa Ana Grant Agreement No. 19-15 Page 9 MITIGATION Without the written permission of the Executive Officer, the grantee shall not use or allow the use for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) of any portion of real property on which the Conservancy has funded construction. In providing permission, the Executive Officer may require that all funds generated in connection with any authorized or allowable mitigation on the real property shall be remitted promptly to the Conservancy. As used in this section, mitigation includes, but is not limited to, any use of the property in connection with the sale, trade, transfer or other transaction involving carbon sequestration credit or carbon mitigation. Throughout the term of this agreement, the Conservancy shall have the right to inspect the project area to ascertain compliance with this agreement. INDEMNIFICATION AND HOLD HARMLESS The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers, agents, and employees from any and all liabilities, claims, demands, damages, or costs, including, without limitation, litigation costs and attorneys fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors, and employees, or in any way connected with or incident to this agreement, except for the active negligence of the Conservancy, its officers, agents, or employees. The duty of the grantee to indemnify and hold harmless includes the duty to defend as provided in Civil Code section 2778. This agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 et seq. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents, or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. Nothing in this agreement is intended to create in the public or in any member of it rights as a third -party beneficiary under this agreement. The obligations in this "INDEMNIFICATION AND HOLD HARMLESS" section shall survive termination of this agreement. City of Santa Ana Grant Agreement No. 19-15 Page 10 The grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons and damage to property that may arise from or in connection with any activities of the grantee or its agents, representatives, employees, or contractors associated with the project undertaken pursuant to this agreement. As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the coverage requirement in whole or in part through: (a) its contractors' procurement and maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the grantee's participation in a "risk management" plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. The grantee shall maintain property insurance, if required below, throughout the term of this agreement. Any required errors and omissions liability insurance shalt be maintained from the effective date through two calendar years after the completion date. The grantee shall maintain all other required insurance from the effective date through the completion date. 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office ("ISO") Commercial General Liability coverage, occurrence basis (Form CG 00 01) or comparable. b. Automobile Liability coverage: ISO Form Number CA 0001, Code 1 (any auto). c. Workers' Compensation insurance as required by the Labor Code of the State of California, and Employer's Liability insurance. d. Course -of -construction (also known as "Builder's Risk") insurance covering all risks of loss. (Any proceeds of loss payable under this coverage shall be used to replace, rebuild or repair the damaged portions of the facilities and structures constructed under this agreement.) 2. Minimum Limits of Insurance. The grantee shall maintain coverage limits no less than: a. General Liability: (Including operations, products and completed operations, as applicable) $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities under this agreement, or the general aggregate limit shall be twice the required occurrence limit. City of Santa Ana Grant Agreement No. 19-15 Page I I b. Automobile Liability: c. Worker's Compensation and Employer's Liability: $t,000,000 per accident for bodily injury and property damage. Worker's compensation as required by law and Employer's Liability of no less than $1,000,000 per accident for bodily injury or disease. d. Course of Construction: "All Risk" (Special Perils) coverage form, with limits equal to the completed value of the project with no coinsurance penalty provisions. 3. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the Executive Officer. 4. Required Provisions Concerning the Conservancy and the State of California. a. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days' prior written notice by first class mail has been given to the Conservancy; or in the event of cancellation of coverage due to nonpayment, after ten days prior written notice to the Conservancy. The grantee shall notify the Conservancy within two days of receipt of notice that any required insurance policy will lapse or be cancelled. At least ten days before an insurance policy held by the grantee lapses or is cancelled, the grantee shall provide the Conservancy with evidence of renewal or replacement of the policy. b. The grantee hereby grants to the State of California, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the grantee may acquire against the State of California, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the grantee has received a waiver of subrogation endorsement from the insurer. c. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (i) The State of California, its officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the grantee; and with respect to liability arising out of work or operations, including completed operations, performed by or on behalf of the grantee including materials, parts or equipment furnished in connection with the work or operations. City of Santa Ana Grant Agreement No. 19-15 Page 12 (ii) For any claims related to this agreement, the grantee's insurance coverage shall be primary insurance as respects the State of California, its officers, agents and employees, and not excess to any insurance or self-insurance of the State of California. (iii)The limits of the additional insured coverage shall equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by this agreement. 5. Acceotability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best's rating of "B+:VII" or better or, in the alternative, acceptable to the Conservancy and approved in writing by the Executive Officer. 6. Verification of Coverage. The grantee shall furnish the Conservancy with original certificates and amendatory endorsements, or copies of the applicable policy language, effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Officer before work commences. The Conservancy may require, at any time, complete, certified copies of all required insurance policies, including endorsements affecting the coverage. 7. Contractors. The grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, grantee shall also require each professional contractor to provide and maintain Errors and Omissions Liability insurance appropriate to the contractor's profession and in a reasonable amount in light of the nature of the project with a minimum limit of liability of $1,000,000. 8. Premiums and Assessments. The Conservancy is not responsible for premiums and assessments on any insurance policy. AUDITS/ACCOUNTING/RECORDS The grantee shall maintain financial accounts, documents, and records (collectively, "required records") relating to this agreement, in accordance with the guidelines of"Generally Accepted Accounting Principles" ("GAAP") published by the American Institute of Certified Public Accountants. The required records include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the construction of the project, and the use, management, operation and maintenance of the real property, time and effort reports, and supporting documents that permit tracing from the request for disbursement forms to the accounting records and to the supporting documentation. City of Santa Ana Grant Agreement No. 19-15 Page 13 The Conservancy or its agents may review, obtain, and copy all required records. The grantee shall provide the Conservancy or its agents with any relevant information requested and shall permit the Conservancy or its agents access to the grantee's premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations. The grantee shall retain the required records for a minimum of three years following the later of final disbursement by the Conservancy, and the final year to which the particular records pertain The records shall be subject to examination and audit by the Conservancy and the Bureau of State Audits during the retention periods. If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors. The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement. COMPUTER SOFTWARE The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this agreement, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not deny the agreement's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The grantee shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§l1135-11139.5), and the regulations or standards adopted by the Conservancy to implement such article. The grantee City of Santa Ana Grant Agreement No. 19-15 Page 14 shall permit access by representatives of the Department of Fair Employment and Housing and the Conservancy upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the Conservancy shall require to ascertain compliance with this clause. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, § 11105.) The grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under this agreement. AMERICANS WITH DISABILITIES ACT By signing this agreement, grantee certifies that it is in compliance with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. PREVAILING WAGE Work done under this grant agreement may be subject to the prevailing wage and other related requirements of the California Labor Code, Division 2, Part 7, Chapter 1, sections 1720-1861. If required by law to do so, the grantee shall pay prevailing wage to all persons employed in the performance of any part of the project and otherwise comply with all associated requirements and obligations. The grantee is responsible for determining whether the project is subject to prevailing wage laws, and for complying with all labor laws applicable to the project. The grantee may also review the Conservancy publication, Information on Current Status of Prevailing Wage Laws for State Coastal Conservancy Grantees (May 2018), available from the Conservancy on request; provided, that this publication is for grantee's informational purposes only, and shall not be construed as legal advice to the grantee on whether the grantee's project is subject to prevailing wage laws. UNION ORGANIZING By signing this agreement, grantee hereby acknowledges the applicability of Government Code Sections 16645 through 16649 to this agreement and certifies that no state funds disbursed by this agreement will be used to assist, promote or deter union organizing. If grantee makes expenditures to assist, promote or deter union organizing, grantee agrees to maintain records City of Santa Ana Grant Agreement No. 19-15 Page 15 sufficient to show that no state funds, including the funds provided under this agreement, have been used for these purposes, and shall provide these records to the Attorney General upon request. DRUG -FREE WORKPLACE The grantee's signature on this agreement constitutes the certification required by Government Code Section 8355 (Drug -Free Workplace Act of 1990), which requires that all state grantees provide a drug -free workplace by doing all of the following: (1) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited in the person's or organization's workplace and specifying actions that will be taken against employees for violations of the prohibition. (2) Establishing a drug -free awareness program to inform employees about all of the following: a. The dangers of drug abuse in the workplace. b. The person's or organization's policy of maintaining a drug -free workplace. c. Any available drug counseling, rehabilitation, and employee assistance programs. d. The penalties that may be imposed upon employees for drug abuse violations. (3) Requiring that each employee engaged in the performance of the grant be given a copy of the drug -free workplace statement and that, as a condition of employment on the grant, the employee agrees to abide by the terms of the statement. INDEPENDENT CAPACITY The grantee, and the agents and employees of grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. ASSIGNMENT Without the written consent of the Executive Officer, the grantee may not assign this agreement in whole or in part. City of Santa Ana Grant Agreement No. 19-15 Page 16 TIMELINESS Time is of the essence in this agreement. EXECUTIVE OFFICER'S DESIGNEE The Executive Officer shall designate a Conservancy project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. AMENDMENT Except as expressly provided in this agreement, no changes in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. LOCUS This agreement is deemed to be entered into in the County of Alameda. rr ry* + uaavn naDaa �.. a q err, ���• st �3'. v o a � � pi P. South Coast 0 j 6 Exhibit B t, s uvETA Av. z2 ss GARDEN GROVE BL Af FAIRHAVEN AV. ¢ i r 32 i TRASK AV. SAWA CLARA AV. j SANTACUM AV. A J >m n. sac ASHINGIDN AV M S CNICC DR. ¢ a< 51 S3H . C 5 G SANTA ANA L IST ST. ISr ST. e C y f a 3 no o m �qrs C' 4 a MCFADDEN 4V t DEN - _ l!f IYL G WINGER AV. _ a m 0 w z SF. ANDRIANPL y a. AV n VMRN p ), SEGERSNIOM is 3 W a A. nv R LIGN AAV. rvyJl R jP ain Illl III,I I.. MILL _ S �2 PROJECT LOCATION MAP ^ "` op PARKS, RECREATION AND COMMUNITY SERVICES AGENCY ® Griset ® Saddleback Vfew ®WIIIaN IS. Godinez Gym& Q Adams ®Heritage ®Sandpolnte ID Garfield E.S. Pedorming Ariz Center © Angels Comm. ®Demme ®Santa Anita ® Santiago lawn Bowling P ® Birch ®Lillie qrg ®Santiago Center 0 Bomo Karol ®Mabury ®Sarah May Downie A Cabrillo Tennis Center A Rsher Cabin © Cabrillo ®Madison Herb Garden ®Corbin Center A Santlago Cabin 0 Centennial ®Maple&Occidental ®Sasscer ®El SalvadorCommuniry © Santa Ana Zce0Prentice 0 Cesar Chavez ® Mariposa ® Segers[mm Triangle Center' Park Campesino ®McFadden Triangle ® Standard/McFadden• ®Jerome Rec. Center• A Santa Ana Stadium Q ChepaS ®Memotlal ® DMStreet Triangle e Logan flec Center A Centel Public Library 0 Delhi 49 Memory lane ® Thornton A Memorial Rec Center- A Newhace Librar49 y FJdridge ®Morrison ® Windsor ®Neal Machander Tennis Center e Garfield Center Edna ® Pacific Electric ®Salgado Rec Center- A RoasevelVWalker � IS El Salvador ® Plaza Celle Cumro ® Godinez H.S. e Santa Anita fle<CenteN Community Center ® Fairview Triangle ® Portals � Madison E.S. e Sandpolnfe Rec Center •Centers with Pool ® Fisher ® Prentice Park � Monroe ES ®Santa Ana senior Center 1 uBikeTrail-Classl ® French ® Rai[VMyrtle• ® Monte Vista E.S. a Southwest5enior Center uuu Bike Lane - Class ll ® Friendship ® Riverview ® Roosevelt E-S. ®Wlldli(e and Watershed •Future Parks Garfield Exercise ®Rosl[a ® Spurgeon LS. Interpretive Center Exhibit B COASTAL CONSERVANCY Staff Recommendation June 18, 2020 City of Santa Ana Triangle Park Project No. 20-013-01 Project Manager: Greg Gauthier RECOMMENDED ACTION: Authorization to disburse up to $544,000 to the City of Santa Ana for final design and restoration of the Santa Ana River Parkway Triangle Park along the Santa Ana River Trail in the City of Santa Ana, Orange County. LOCATION: Santa Ana River Trail, City of Santa Ana, Orange County. PROGRAM CATEGORY: Santa Ana River Parkway Program EXHIBITS Exhibit 1: Project Location Maps Exhibit 2: Design Concept and Project Site Photos Exhibit 3: CEQA Notice of Exemption Exhibit 4: Project Letters RESOLUTION AND FINDINGS: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections 31170 to 31174 of the Public Resources Code: "The State Coastal Conservancy hereby authorizes the disbursement of an amount not to exceed five hundred forty-four thousand dollars ($544,000) to the City of Santa Ana ("City") to complete final design and restoration of the City of Santa Ana Triangle Park located along the Santa Ana River Trail at 1711' Street in the City of Santa Ana, Orange County. Prior to commencement of the project, the City shall submit for the review and written approval of the Executive Officer of the Conservancy (Executive Officer) the following: 1. A detailed work program, schedule, and budget. Names and qualifications of any contractors to be retained in carrying out the project. Exhibit B 3. A plan for acknowledgement of Conservancy funding. 4. Evidence that all permits and approvals required to implement the project have been obtained. 5. Evidence that the City has entered into agreements sufficient to enable the City to implement, operate, and maintain the project." Staff further recommends that the Conservancy adopt the following findings: "Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy hereby finds that: 1. The proposed authorization is consistent with Chapter 4.6 of Division 21 of the Public Resources Code, regarding the Santa Ana River Conservancy Program and funding for public access to, enjoyment of, and enhancement of the recreational and educational experience on program lands in a manner consistent with the protection of land and natural resources and economic resources in the Santa Ana River area and its tributaries. 2. The proposed project is consistent with the current Conservancy Project Selection Criteria and Guidelines." PROJECT SUMMARY: Staff recommends that the Conservancy authorize disbursement of up to $544,000 to the City of Santa Ana (City) to complete final design and restoration of Triangle Park within the Santa Ana River Parkway. The proposed project will complete final design and engineering and restoration of the park. Restoration will include renovation of the viewing deck area, improved ADA accessibility, restoration of riparian landscaping, and installation of seating benches, trail and interpretive signage, and fencing. The City has already completed conceptual design and preliminary construction plans and is ready to proceed with the proposed project upon approval of funding. The purpose of the project is to restore the 0.7-acre Triangle Park as a bicycle rest stop and riparian viewing area along the Santa Ana River Trail (the Trail). It is located at the junction between the Orange County Bicycle Trail and the Santa Ana River Trail (Exhibit 1). Due to previous homeless encampments along the Santa Ana River, the Triangle Park site has been vandalized and needs extensive restoration. The County of Orange has worked with encampment residents over the past year to secure alternative housing solutions, and the City of Santa Ana is providing additional assistance by directing homeless individuals and families to health organizations and housing assistance. With the encampment issues resolved, Triangle Park needs restoration and improvement as a rest stop, access point to nearby parks and open spaces, and as a wayfinding station for use by pedestrians and bicyclists on the Santa Ana River Trail and Orange County Bicycle Trail. Triangle Park has the potential to be a popular bike rest area and a valuable community asset. The site will include restored riparian vegetation and shade trees, river rock boulders, a comfortable rest area, and a restored river viewing deck with improved ADA accessibility. Interpretive and directional signage will provide visitors with their location on the Trail and other location and amenity information such as: distances to Trail landmarks, milestones, points of interest, adjacent trail connections, and locations of nearby parks and facilities. From the Exhibit B Triangle Park it is an approximately 12-mile bicycle ride or hike to the mouth of the Santa Ana River and Huntington State Beach, where the Santa Ana River Trail meets the California Coastal Trail. Site Description: The Trail is approximately 28 miles long in Orange County. Five miles of the Trail runs parallel to the Santa Ana River through the City and provides bicycling and hiking connections to six parks within the City. The site provides access to Riverview Park and a rest stop for hikers and bicyclists along the Trail and the Orange County Bicycle Trail. The property is owned by the Orange County Flood Control District. The City leases the Triangle Park property from the District. The lease was signed in September of 2012 for an initial ten-year period and can be renewed annually for up to fifty years. Grantee Qualifications: The City Recreation and Community Services Agency has received and managed more than 50 million dollars in grant funding to construct new parks and renovate existing parks and recreation facilities. The agency works closely with the City's Public Works Department to ensure that projects are completed in a timely manner and on budget. The City's senior management analyst, administrative services manager, and senior accounting staff monitor project progress and expenditures, and manage project cash flow. Further, the City's competitive contractor selection and bid process ensures that they hire qualified contractors and require performance bonds to ensure that projects are completed on schedule and per plan specifications. Project History: The City completed the Santa Ana River Vision Plan in 2006. Funded by The Wildlands Conservancy, the plan included a vision and goals for the Santa Ana River within the City. The plan further included an opportunities and constraints analysis to develop a list of potential project sites and opportunities for improving the recreational and aesthetic values of the river, preserving and enhancing natural habitats, and land acquisitions while maintaining flood protection and public safety. The City's plan was incorporated into the Santa Ana River Parkway and Open Space Plan which was completed and approved by the Coastal Conservancy in May 2018. Having completed conceptual design and initial engineering plans for restoration of the project site, and filed a categorical exemption under CEQA, the City is ready to proceed with final design and restoration upon approval of funding. PROJECT FINANCING Coastal Conservancy Project Total $544,000 $544,000 The anticipated source of Conservancy funding for this project is a FY 2018/2019 appropriation from the General Fund specifically to the Conservancy for projects consistent with the Santa Ana River Conservancy Program. The Budget Act of 2018, Senate Bill No. 840, Chapter 29, Section 3760-101-0001 (e) states that $5 million shall be available for the Santa Ana River Conservancy Program. The project is consistent with the Santa Ana River Conservancy Program as discussed below. The initial planning and environmental review phase of the proposed project was fully funded by the City of Santa Ana. Exhibit B CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: The proposed project is consistent with Chapter 4.6 of Division 21 of the Public Resources Code, Sections 31170 to 31174 regarding the Santa Ana River Conservancy Program and funding for recreational opportunities and trails within the Santa Ana River region. All citations in this section are to the Public Resources Code unless otherwise stated. The Santa Ana River region includes lands within one -half -mile on either side of the Santa Ana River or its tributaries (Section 31172(c)). The proposed project is located on the Santa Ana River in the City of Santa Ana. Section 31173 states that the Conservancy may undertake projects and award grants to public agencies to help achieve the goals of the Santa Ana River Conservancy Program, including recreational opportunities and trails, and wildlife habitat and species restoration, enhancement, and protection (Section 31173(a)). It further states that the Conservancy may undertake projects for public access to, enjoyment of, and enhancement of recreational and educational experience on program lands in a manner consistent with the protection of land and natural resources and economic resources in the area (Section 31173(b)). Section 31174(b) requires the Conservancy to prepare the Santa Ana River Parkway and Open Space Plan (Plan), which was approved by the Conservancy in May 2018. The Plan identifies and prioritizes low -impact recreational and open -space needs, including additional or upgraded facilities and parks within the Santa Ana River watershed. This project is identified as a priority project in the Plan as the project will provide a needed upgrade to facilities within the Plan area. Further, the project is consistent with the Plan, as discussed below in the Consistency with Conservancy's Project Selection Criteria & Guidelines section. Section 31174(c) requires the Conservancy to "give priority to river -related projects that create expanded opportunities for recreation, greening, aesthetic improvement, and wildlife habitat along the corridor of the river and in parts of the river channel that can be improved without infringing on water quality, water supply, and necessary flood control". The proposed project will help achieve the goals of the Santa Ana River Conservancy Program by providing recreational opportunities and wildlife habitat restoration on the Trail. The project is a priority because it has river -related features such as the view deck, will expand opportunities for recreation and provide greening, aesthetic improvements, and wildlife habitat along the Santa Ana River without infringing on water quality, water supply, and necessary flood control. The property on which the project is located is owned by the Orange County Flood Control District but is out of the floodplain, adjacent to the top of the flood control levee. CONSISTENCY WITH CONSERVANCY'S 2018-2022 STRATEGIC PLAN GOAL(S) & OBJECTIVE(S): Consistent with Goal 9, Objective C of the Conservancy's 2018-2022 Strategic Plan, the proposed project will complete final planning for a public access area within the Santa Ana River Parkway. Consistent with Goal 9, Objective D of the Conservancy's 2018-2022 Strategic Plan, the proposed project will construct public access facilities within the Santa Ana River Parkway. Consistent with Goal 10, Objective C of the Conservancy's 2018-2022 Strategic Plan, the proposed project will enhance natural habitats and open space in the Santa Ana River watershed by restoring native riparian vegetation along the Santa Ana River. Exhibit B Consistent with Goal 16, Objective A of the Conservancy's 2018-2022 Strategic Plan, the proposed project will benefit disadvantaged communities by providing recreational and educational opportunities for disadvantaged community members visiting the Santa Ana River Trail in the City of Santa Ana. CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA & GUIDELINES: The proposed project is consistent with the Conservancy's Project Selection Criteria and Guidelines, last updated on October 2, 2014, in the following respects: Required Criteria 1. Promotion of the Conservancy's statutory programs and purposes: See the "Consistency with Conservancy's Enabling Legislation" section above. 2. Consistency with purposes of the funding source: See the "Project Financing" section above. Promotion and implementation of state plans and policies: The project supports and is consistent with the Santa Ana River Parkway & Open Space Plan (Coastal Conservancy, May 2018): The proposed project supports Goals I and 2 of the Habitat and Wildlife Goals of the Plan regarding protection, restoration and enhancement of high -quality habitat areas for multiple benefits. The project further supports Goals 2 through 7, and Goal 10, of the Education, Recreation and Access Goals of the Plan regarding connections between the river corridor and surrounding communities, river -related outdoor activities, opportunities to experience and learn about the natural environment and the river's resources, open space access, and protection of open space for future education, recreation and access opportunities. Finally, the project is listed as a priority project within the Plan. 4. Support of the public: The project is supported by the Active Living in Santa Ana Initiative, Concord Neighborhood Association, Earth Resource Foundation, Edna Park Neighborhood Association, Riverview Neighborhood Association, Riverview West Neighborhood Association, Windsor Village Neighborhood Association, and the Wildlands Conservancy. 5. Location: The proposed project is in the City of Santa Ana, County of Orange. The site is situated along the Santa Ana River Trail within the Santa Ana River Parkway which is defined as lands within one -half -mile of the Santa Ana River and its tributaries. The Triangle Park property is at the junction of the Orange County Bicycle Trail and the Santa Ana River Trail. 6. Need: The proposed project has completed preliminary design, engineering, and environmental review. Funding is needed for the construction phase and will not happen without Conservancy funding. 7. Greater -than -local interest: The Santa Ana River Trail and Parkway is a local, regional, and state resource. The proposed project is on the Trail within the Parkway adjacent to the Santa Ana River mainstem. The Triangle Park rest stop and viewing area will serve as an amenity and attraction for trail and parkway visitors. Exhibit B 8. Sea level rise vulnerability: The proposed project is located inland, beyond projected sea level rise scenarios for the years 2050 and 2100 as determined by the Ocean Protection Council's Sea -Level Rise Guidance. Additional Criteria 9. ' Urgency: The project site has been vandalized and will continue to deteriorate creating potentially hazardous conditions for Trail and Parkway visitors unless restored in the very near future. 10. Leverage: See the "Project Financing" section above. 11. Readiness: Preliminary design and engineering for the proposed project is completed and the City of Santa Ana is ready to proceed immediately with the final design and restoration phase. 12. Realization of prior Conservancy goals: See "Consistency with Conservancy's 2018- 2022 Strategic Plan' and "Consistency with Conservancy's Project Selection Criteria & Guidelines: 3) Promotion and Implementation of State Plans and Policies" sections above. 13. Cooperation: See "Project History" section above. CEQA COMPLIANCE: All components of the proposed project are categorically exempt from CEQA pursuant to the CEQA Guidelines at Title 14 California Code of Regulations. Section 15301 exempts operation, repair, maintenance, and minor alteration of existing public facilities involving negligible or no expansion of existing or former use, including alterations to existing sidewalks, bicycle lanes or trails; and the restoration or rehabilitation of deteriorated or damaged structures, facilities or mechanical equipment to meet current standards of public health and safety. The proposed project will replace existing deteriorated and damaged amenities by restoring and improving an existing public pocket park, without expanding its use. Upon approval of the project, Conservancy staff will file a Notice of Exemption. State Coastal Conservancy— Grant 19-158 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Daisy Gomez Clerk of the Co cil APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: lat, Rya dge Assi ant ity Attorney RECOMMENDED FOR APPROVAL: /rcG Lisa dloff Executive Director, Parks Recreation and Community Services Agency MAYOR Miguel A. Pulido MAYOR PRO TEM Juan Villages COUNCILMEMBERS Phil Bacerra Cecilia Iglesias David Penaloza Vicente Sarmiento Jose Solorio CITY OF SANTA ANA HUMAN RESOURCES DEPARTMENT Steven V. Pham JD, EMBA Executive Director of auman Resources 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 wWW.santa-ana.oro March 18, 2020 ATTN: Samuel Schuchat, Executive Officer State Coastal Conservancy 1515 Clay St, 101h Floor Oakland, CA 94612 Re: City of Santa Ana Insurance Program To Whom It May Concern: CITY MANAGER Kristine Ridge CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Daisy Gomez The City of Santa Ana is a member of Independent Cities Risk Management Authority (ICRMA). Current coverage includes self-insurance, excess insurance, and reinsurance. The City self-lnsures and funds the first $2 million of claim payments. The City purchases excess coverage from $2 million to $3 million, and participates in ICRMA for coverage from $3 million to $40 million, which includes auto liability coverage. The City is permissively self -insured for workers' compensation. The City self -funds claim payments under $1.5 million. The City purchases excess coverage from $1.5 million to $2 million. The City, through ICRMA, purchases excess statutory coverage through Safety National above $2 million. The City is also a member of ICRMA's Property Insurance Program. Current property insurance is $250 million per occurrence for "Ail Risk" coverage. The City purchases earth movement and flood coverage with a $25 million limit for earth movement and $10 million limit for flood coverage. Should you have any questions concerning the City of Santa Ana's insurance program, please contact the Risk Management Division at (714) 647-5470. Sincerely, eborah Scott-Leistra Risk Manager REVIEWED & APPROVED By Risk MANAGEMENT DlvisioN MA 2020 ANgiE ACEVEdo cc: Silvia Cuevas, Parks, Recreation and Community Services Agency SANTA ANA CITY COUNCIL Miguel A. Pulido Joan Villages vicenle Sennienlo DeNd Penalon Jme Solorio Phil Bacem Cecilia Iglesias Mayor Mayor Pro Tem, WeM 5 Ward t W aM 2 Wmd 3 WeM 4 Were 6 moulidoglisanle-ana.om Nlleaes®yanteana ore ysarmiento0sanla-ana wo doeneloraapsanlaana ora isolononsanln-ana era ohacerra0senla-ana ora cialesias(bsanta-ana.oro