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Riverside Co/CV Air Quality 10GRANT AWARD & AUTHORIZATION AGREEMENT The County of Riverside (the "County"), and the City of La Quinta (the "Grantee") hereby enter into the following 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 recommended for funding; and WHEREAS, on March 23, 2010, 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. (a) "COUNTY" shall mean the County of Riverside, a political subdivision of the State of California. (b) "GRANTEE" shall mean the City of La Quinta. (c) "AGREEMENT" shall mean that certain Grant Award & Authorization Agreement between the County and the Grantee dated the A&Wd day of 0 6" 2010. (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 Agreement shall be implementation and operation of a regional air quality enhancement program for the Coachella Valley. The Scope of Work 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. All reports, notices or other documentation shall be submitted to the County Executive Office at the address set forth in Section 13. 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 or agreement not incorporated herein shall 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) 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. DOCUMENTATION OF EXPENDITURES 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 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. SECTION 8. PAYMENTS (a) The total payment due to the Grantee under this Agreement is $12,500, which will be used to support the purchase of Conversion of Turf to Smart Controllers /Drip Irrigation. (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 quarters preceding the end of the project. `a SECTION 10. INSPECTIONS 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 maybe 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 all times be under Contractor's exclusive direction and control. SECTION 12. FAIR EMPLOYMENT PRACTICES The Grantee shall not discriminate in the hiring of persons to fulfill 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 subject any person to discrimination 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 below and are deemed submitted one day after their deposit in the United States mail, postage prepaid: County County of Riverside County Executive Office Attn: Michael R. Shetler 4080 Lemon Street, 4th Floor Riverside, California 92501 Grantee City of La Quinta 78-495 Calle Tampico La Quinta, California 92253 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. SECTION 16. ASSIGNMENT Neither this Agreement nor any part hereof shall be assigned by the Grantee without the prior written consent of the County. 3 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 or any other provisions contained herein or of the strict and timely performance of such provisions. SECTION 18. INDEMNIFICATION The Grantee shall indemnify, and hold harmless the County, Special Districts, their respective directors, officers, the Board of Supervisors, 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, officers, Board of Supervisors, employees, elected officials and 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 govern, 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 intended 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] 0 IN WITNESS WHEREOF, the parties below hav� caused their duly authorized representatives to execute this Agreement on the " h day of —C�) 2010. U ATTEST: COUNTY OF RIVERSIDE GRANTEE Name: Bill Luna Name: -d+otrrrFatooner A �Ixexwl e Title: County Executive Officer Title: F-^,a ae ^'.actor 6l7 y 09'411"Vwx Date: 07 oiU I0 Date: �/ V o Approved as to Form: Pamela J. Walls, County Counsel Katherine A. Lind Title: Assistant County Counsel Date: July 6, 2010 5 EXHIBIT A County of Riverside Coachella Valley Air Quality Enhancement Grant Program In Conjunction With The Coachella Valley Air Quality Advisory Committee Grant Award & Authorization Agreement Proposals from the City of La Quinta [See Attached Pages] Lf Please note: This Proiect Proposal includes continuing funding (First Year 2009- 2010) that was submitted and approved by the Riverside County Board of Supervisors on May 19 2009 for an additional $50 000 to further the project's goals Also Fiscal Year 2010-2011 (Second Year) is pending City Council approval on October 6, 2009. COLMAC AIR QUALITY ENHANCEMENT FUND COACHELLA VALLEY AIR QUALITY ENHANCEMENT PROJECTS PROJECT PROPOSAL Fiscal Year 2009-2010 and Fiscal Year 2010-2011 1. ORGANIZATION NAME AND MAILING ADDRESS City of La Quinta P.O. Box 1504 78-495 Calle Tampico La Quinta, CA 92253 2. PROJECT MANAGER Bret M. Plumlee, Assistant City Manager — Management Services Telephone: (760) 777-7065 Email: bplumlee@la-quinta.org 3. FISCAL ADMINISTRATOR John Falconer, Finance Director Telephone: (760) 777-7075 Email: jfalcone@la-quinta.org 4. PROJECT SCOPE A. DESCRIBE THE PROPOSED PROJECT, INCLUDING PROJECT GOALS AND OBJECTIVES BACKGROUND The Coachella Valley is currently designated as a serious non -attainment area for PM10 (particulate matter with an aerodynamic diameter of 10 microns or less). Under the Federal Clean Air Act, an area can be designated as attainment if, among other requirements, the Environmental Protection Agency (EPA) determines that the national ambient air quality standards have been attained; with the determination of compliance based on three complete, consecutive calendar years. To remove the designation as a serious nonattainment area, the 2002 Coachella Valley State Implementation Plan was developed through the collaborative efforts of the South Coast Air Quality Management District (SCAQMD) and the local regional council of governments: the Coachella Valley Association of Governments and local stakeholders. It assessed current local and AQMD regulations compared to the most stringent measures currently in use throughout the country. With the commitment to adopt and implement the relevant most stringent measures, the area requested and was granted a five (5) year extension of the attainment date (from 2002 to 2006) by the EPA. Coachella Valley intends to apply for attainment designation for the years 2006, 2007 and 2008 based on compliance to new EPA air quality standards. The dusty process of "scalping" has long been known for the massive amount of dirt, pollen and tiny bits of grass that is kicked up in the air. This dust can be a serious health risk for people with breathing related problems. It also worsens the already significant dust problem. The dust becomes a component of PM10, negatively impacting air quality and quality of life. Most environmental experts agree that the biggest change must be made at the local level and the Cooperative Landscape Water Development Program (Program) can aid in continuing to achieve attainment designation. The City of La Quinta (City) and Coachella Valley Water District (CVWD) established the Program. The purpose of the Program is to establish a water conservation program for qualifying property owners (Homeowners) and/or City/Agency projects in the City which includes conversion of turf to water efficient drip irrigated landscape, installation of curbside landscape buffers and weather based irrigation controllers. The Program has drawn much interest by City residents, and City staff members are doing their part by getting the Program to the people. Recently, City staff members held a Green Workshop at the La Quinta Museum and La Quinta residents were invited to attend. Sign-up lists were used to enlist many interested La Quinta residents into the Program and an article in The Desert Sun highlighted details of the Green and Sustainable La Quinta program. In order to increase visibility and participation in the Program, City staff members plan to make presentations at future venues such as the La Quinta Chamber of Commerce, community workshops held at City Hall and interested homeowner associations. As mentioned, this new Program is working and drawing a lot of interest; however, funding is limited and will be exhausted by the middle of this current fiscal year. The Colmac Air Quality Enhancement Fund will assist in expanding the Cooperative Landscape Water Development Program to include more interested City residents thus further achieving City goals. In September 2002, the City applied for COLMAC funding and was awarded $36,500 to provide evapotranspiration information to the construction community and local enforcement officials regarding how much water should be applied to a construction site as ambient weather conditions change throughout the course of a day and the year, and provide community outreach and resource information regarding PM10 control methods, legal requirements, enforcement methods and contact information. GOALS The goals of the Program are to aid in the reduction of PM10, water use and water run-off from the yards of Homeowners or on City/Agency property as a result of water efficient landscapes. OA OBJECTIVES Objective #1 — Conversion of turf to water efficient drip irrigated landscape (Desert Landscape). CVWD and the City have put into place a cooperative agreement to provide landscape assistance to homeowners and will in the future include parkways within the City. Currently there are 107 La Quinta residents that have signed up for the Landscape Conversion Program and 41 residents have already completed the program. The Agency has converted two single family homes to desertscape and plans are being prepared for two more. There are three homeowner associations that have expressed interest in the turf conversion to desert landscape. The additional number of conversions will depend on the amount of funding received and the number of applicants. Objective #2 — Installation of curbside landscape buffers (Buffers). Three homeowners have completed landscape conversions and have installed buffers 24 inches between the sidewalk/ street and their remaining turf landscape or have removed all turf. The number of additional installations will depend on the amount of funding received and the number of applicants. Objective #3 — Installation of Weather Based Irrigation Controllers (Smart Controllers). To date, CVWD has installed 250 Smart Controllers for La Quinta residents and 16 controllers for the Redevelopment Agency -owned homes. The La Quinta Village Police Sub -station installed a smart controller and has experienced substantial water savings. The number of additional installations will depend on the amount of funding received and the number of applicants. B. PROJECT PARTICIPANTS The City has partnered with the CVWD on a number of water conservation efforts, including the Cooperative Landscape Water Management Program, Weather Based Irrigation Controller "Smart Controller" program for homeowners and large turf customers, the CVWD Loan program for homeowner associations, multi family property irrigation audits and landscape architect homeowner designs. C. CO -FUNDING AND IN -KIND SERVICES No co -funding is proposed. In -kind services will be provided by several City staff members, who will implement and administer the project at no cost to the grant. D. PROJECT BENEFITS This Program will help to reduce the PM10 levels in the air by eliminating scalping thus removing the pollens emitted into the air resulting in negative health impacts, but also to conserve electricity by using high efficiency Smart Controllers. The result in reduced electricity usage by the Smart Controllers will reduce the overall kilowatt output thus resulting in reduced indirect greenhouse gas (GHG) emissions, specifically carbon dioxide emissions. When scalping is done in the traditional manner, scalping kicks up dust, pollen and grass that can pose health risks for people with allergies and breathing problems. In light of the pollen problems, the City and CVWD believe that the Program will assist in mitigating these effects. 3 According to Coachella Valley Association of Governments (CVAG), the transport of dust from man-made activities has been an ongoing challenge with all of the cities in the Coachella Valley for the last several years in meeting federal Environmental Protection Agency (EPA) mandates for airborne fugitive dust (PM10). "The health impacts and public nuisance of uncontrolled dust are, and should be, a recognized concern of everyone who works or lives in the desert environment," a CVAG statement reads. By replacing turf with Desert Landscaping, a homeowner eliminates the need for turf scalping, improves the air, saves money and results in improved air quality in Coachella Valley. The Cooperative Landscape Water Management Program will also help the Coachella Valley maintain its vital PM10 pollution attainment status once it is applied for and granted based on compliance to new EPA air quality standards. City staff contacted AQMD and at this time, there is no measurement available to quantify the benefits of PM10 reduction with regard to returning landscaped areas to native vegetation. However, turf replacement will reduce the PM10 thus resulting in improved air quality in Coachella Valley. E. PROJECT PHASES AND TASKS Each objective identified in Section 4A of this proposal is ongoing throughout the fiscal year and represents the core components for this project. Objectives 1, 2 and 3 may be performed separately or concurrently depending on the needs of the homeowner, homeowner association or City/Agency. Quarterly reports will be submitted and show progress of the program, outreach and demonstration efforts, number of customers enrolled in the program, specific details about which objectives were met and the benefits received as a result. A final report will show the accumulation of the entire year based upon the quarterly reports. F. PROJECT SCHEDULE Objectives 1 and 2 are initiated when a CVWD customer, whether a homeowner, homeowner association or City project: (1) completes and submits an application; (2) purchases and installs a Smart Controller; (3) installs Buffers, or converts turf to Desert Landscape; (4) allows CVWD representatives onto the designated site to confirm the installation of the Smart Controller, Buffers and Desert Landscape; (5) once approved, the homeowner receives a rebate for qualified improvements. Rebates are available on a first - come first served basis to eligible participants while funding remains. Objective 3 is initiated when a CVWD customer, whether a homeowner, homeowner association or City project: (1) completes and submits an application; (2) application is reviewed and approved; (3) CVWD schedules and conducts a pre -evaluation visit; (4) CVWD schedules a second visit and installs the Smart Controller. 4 G. BUDGET —First Year (Fiscal Year 2009-2010) (Please note: First Year includes continuing funding that was submitted and approved on May 19, 2009 for an additional $50,000 to further the project's goals.) Description Cost Conversion of Turf to Desert Landscape Installation of Buffers Installation of Smart Controllers Total 5� 0 000 This funding will assist in expanding the Cooperative Landscape Water Management Program and all funding will be needed in the second year for customer rebates. BUDGET— Second Year (Fiscal Year 2010-2011) Description Cost Conversion of Turf to Desert Landscape Installation of Buffers Installation of Smart Controllers Total This funding will assist in expanding the Cooperative Landscape Water Management Program and all funding will be needed in the second year for customer rebates. AUTHORIZED SIGNATURES Project Manager: r` is.e Bret M. Plumlee, Assistant City Manager - Management Services q-LS -©9 Date Authorized Representative: Thomas P. Genovese, City Manager 5