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HomeMy WebLinkAboutSTATE COASTAL CONSERVANCY (3) A-2023-057 AGREEMENT NUMBER AM.NO. STATE OF CALIFORNIA 22-159 State Coastal Conservancy GRANT AGREEMENT TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NO. Grant-Rev 1]/20 95-6000785 THIS AGREEMENT is entered into this 19th day of Tune , 2023 in the State of California, by and between: AGENCY State Coastal Conservancyand GRANTEE'S NAME City of Santa Ana 1. 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 $400,000.00(four hundred thousand dollars) ("funds"), subject to this agreement. (Continued on the fo flowing pages) The provisions on the following pages constitute a part of this agreement. This agreement has been executed by the parties as shown below. STATE OF CALIFORNIA GRANTEE AGENCY GRANTEE(if other than an individual,state whethefa corporation,partnership,etc.) State Coastal Conservancy City of Santa Ana BY(Authorized Signature) BY(Authorized Signature) PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING Amy Hutzel,Executive Officer Kristine Ridge, City Manager ADDRESS&PHONE NUMBER ADDRESS&PHONE NUMBER 1515 Clay Street, 101h Floor 20 Civic Center Plaza-Treasury Oakland, CA 94612 Santa Ana, CA 92701 Phone; 510 286-1015 Phone: 714 647-5400 AMOUNT ENCUMBERED BY PROGRAWCATEGORY FUND TITLEfPROP NO. THIS DOCUMENT i certify that this $400,000,00 Local Assistance General Fund agreement is exempt from Department of PRIOR AMOUNT FUND ITEM CHAPTER STATUTE FISCALYEAR General Services' ENCUMBERED FOR THIS AGREEMENT approval. 3760-101-0001(F) 21 2021 21/22 $-0- TOTAL AMOUNT PROJECT NAME ENCUMBERED TO DATE $400,000.00 _Santiago Park Trails and Habitat Improvements Erlinda Corpuz Procurement and t hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. Contracts Manager NAME AND SIGNATURE OF ACCOUNTING OFFICER DATE �owwG�'H?a�wwood 6/19/2 02 3 City of Santa Ana Grant Agreement No. 22-159 Page 2 The grantee shall use the funds to prepare a restoration plan("the project") for the Santiago Creek Park in Santa Ana, California, as shown on Exhibit 1, which is incorporated by reference and attached. The project consists of completion of design, environmental review, and permit applications for 4.28 acres of Santiago Park. The design will include trail alignments and specifications for park amenities such as irrigation, landscaping, and lighting. The design will include renovation of the pedestrian trail with decomposed granite, security lighting, an ADA accessible bridge across the creek, and drinking fountains and benches in the south end of the park. Environmental review will inform the design and ensure that implementation of the design would fall under CEQA Conditional Exemption Section 15304/Class 4 Minor Alterations. The grantee shall carry out the project in accordance with this agreement. The grantee shall provide any funds beyond those granted under this agreement that are needed to complete the project. II. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT The grantee shall not commence the project and the Conservancy will not be obligated to disburse any funds under this agreement until the following conditions precedent have been met: I. 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 ("Executive Officer")has approved in writing: a. The work program for the project as provided in section"V. WORK PROGRAM." b. All contractors that the grantee intends to retain in connection with the project. 3. The grantee has provided written evidence to the Conservancy that: The grantee has provided for required insurance coverage, including additional insured endorsement, as described in section "XIII. INSURANCE." IIL TERM OF AGREEMENT This agreement will take effect when signed by both parties and received in the office of the Conservancy together with the resolution described in section"II. CONDITIONS PRECEDENT City of Santa Ana Grant Agreement No. 22-159 Page 3 TO COMMENCEMENT OF PROJECT AND DISBURSEMENT." This agreement may be signed electronically using a process specified by the Conservancy. This agreement terminates on June 30, 2026 ("the termination date") unless otherwise terminated early as provided in this agreement. However, the grantee shall complete all work by December 31, 2025 ("the completion date"). The grantee shall deliver a final Request for Disbursement to the Conservancy no later than January 31, 2026. IV. AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its February 2, 2023 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. 22-159 Page 4 Standard Provisions V. WORK PROGRAM Before beginning the project, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with this grant agreement. The work program must include: l. The specific tasks to be performed. 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 must describe all labor and materials costs of completing each component of the project. For each project component,the project budget must list all intended funding sources including the Conservancy's grant and all other sources of monies, materials, or labor. If all or any part of the project to be funded under this agreement will be performed by third parties ("contractors") under contract with the grantee,the grantee shall submit to the Executive Officer for review and approval the names and qualifications of the contractors. The work program will 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 will control. The grantee shall carry out the project in accordance with the approved work program. VL COORDINATION AND MEETINGS The grantee shall coordinate closely with Conservancy staff and other involved entities, including local, state and federal agencies, and shall participate in meetings and other communications as necessary to ensure coordination. City of Santa Ana Grant Agreement No, 22-159 Page 5 VII. WORK PRODUCTS AND ACKNOWLEDGMENT OF CONSERVANCY SUPPORT All material, data, information, and written, graphic or other work produced, developed or acquired under this agreement is subject to the unqualified and unconditional right of the Conservancy to use, reproduce,publish, display,and make derivative use of all such work, or any park of it, free of charge and in any manner and for any purpose; and to authorize others to do so. If any of the work is subject to copyright, trademark,service mark, or patent, the Conservancy is granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perform the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense. The grantee shall include in any contract with a third party for work.under this agreement terms that preserve the rights, interests, and obligations created by this section, and that identify the Conservancy as a third-party beneficiary of those provisions. The grantee shall not utilize the work produced under this agreement for any profit-making venture,nor sell or grant rights to a third party for that purpose. In order to acknowledge the Conservancy's support of the project, the grantee shall display the Conservancy's name and logo in the final report in a prominent Iocation. VIII.COSTS AND DISBURSEMENTS When the Conservancy determines that all conditions in section"II. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT"have been fully met,the Conservancy shall disburse to the grantee a total amount not to exceed the amount of this grant, in accordance with the approved project budget and this section. 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 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 the project and compliance with section"X. PROJECT COMPLETION," and upon the Conservancy's acceptance of the project. Hourly rates billed to the Conservancy must be equal to the actual compensation paid by grantee to employees,which may include employee benefits. The grantee shall require its employees to keep records of their time spent on the project for purposes of documenting the employee time billed to the Conservancy. The Conservancy will reimburse the grantee for expenses necessary to City of Santa Ana Grant Agreement No. 22-159 Page 6 the project when documented by appropriate receipts. The Conservancy will reimburse travel and related expenses at actual costs not to exceed the state employee rates as identified on the California Department of Human Resources (CalHR)website under travel reimbursements for state employees. The Conservancy may reimburse in excess of the state employee rates upon documentation that these rates are not reasonably available to the grantee. 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. The form must also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of fiends under the grant agreement. An authorized representative of the grantee must sign the form. Each form must be accompanied by: 1. 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 tinder 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 progress report summarizing the current status of the project and the work 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 unless and until the grantee corrects all deficiencies. IX. 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 in a 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,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 City of Santa Ana Grant Agreement No. 22-159 Page 7 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 that exceed the amount allocated in the project budget by more than ten percent and that have not received the approval required above. Any increase in the funding for any particular budget item will mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. X. PROJECT COMPLETION The grantee shall complete the project by the completion date provided in section "III. TERM OF AGREEMENT." Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting the following by the final Request for Disbursement date set forth in section"III. TERM OF AGREEMENT": I. The plan and any other work products specified in the work program for the project, each in a format or formats (for example, paper, digital, photographic) approved by the Executive Officer. 2. 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. 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. The project will be deemed complete as of the date of the letter. XI. 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 shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Conservancy. The Conservancy will 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 will remain in effect until further written notice from the Conservancy authorizes work to resume. City of Santa Ana Grant Agreement No. 22-159 Page 8 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 will 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 does not 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. On or before the date of termination of the agreement under this section, whether terminated by the grantee or the Conservancy, the grantee shall provide the Conservancy with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this agreement (whether completed or partial), in appropriate, readily useable form. 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. XII. 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. City of Santa Ana Grant Agreement No. 22-159 Page 9 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. XIII.INSURANCE Throughout the term of this agreement, the grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by 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 required by this section 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. 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. 2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than: a. General Liability: $2,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed Commercial General Liability Insurance or other operations, as applicable) form with a general aggregate limit is used, either the general aggregate limit must apply separately to the activities under this agreement, or the general aggregate limit must be twice the required occurrence limit. b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. City of Santa Ana Grant Agreement No. 22-159 Page 10 c. Worker's Compensation Worker's compensation as required by law and and Employer's Liability: Employer's Liability of no less than $1,000,000 per accident for bodily injury or disease. d. Watercraft Liability (for In the following amounts; private vessel) coverage, if required under Ld., above: a. Vessels under 26 ft.: $1,000,000 combined single limit. b. Vessels over 26 ft. or vessel involved in research: $2,000,000 combined single limit. 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. 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 Iiability policies must contain, or to be endorsed to contain,the following provisions: i. The State of California, its officers, agents and employees are 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 such work or operations. ii. For any claims related to this agreement, the grantee's insurance coverage must be primary insurance with respect to the State of California, its officers, City of Santa Ana Grant Agreement No. 22-159 Page 11 agents and employees, and not excess to any insurance or sell-insurance of the State of California. iii. The limits of the additional insured coverage must 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. d. Coverage does not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Acceptability of Insurers. Insurance must 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 reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time. 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. XIV.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, disbursement of all funds related to work under the agreement, and time and effort reports that permit tracing from the request for disbursement forms to the accounting records and to the supporting documentation. i i City of Santa Ana Grant Agreement No. 22-159 Page 12 Additionally, the Conservancy or its agents may review, obtain, and copy all required records. The grantee shall provide the Conservancy, California State Auditor,their officers, employees and agents with any relevant information requested and with 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 final disbursement by the Conservancy. The records will be subject to examination and audit by the Conservancy and the California State Auditor during the retention period. 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. XV. COMPUTER SOFTWARE The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this contract, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws. XVI.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 §§11135-11139.5), and the regulations or standards adopted by the Conservancy to implement such article. The grantee City of Santa Ana Grant Agreement No. 2 2-15 9 Page 13 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. XVIL 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. XVIII.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, which provides general information and is not legal advice to the grantee on whether the grantee's project is subject to prevailing wage laws. XIX.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: City of Santa Ana Grant Agreement No. 22-159 Page 14 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. XX. EXECUTIVE ORDER N-6-22—RUSSIA SANCTIONS On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO)regarding Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the Conservancy determine the grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities,that shall be grounds for termination of this agreement. The Conservancy shall provide the grantee advance written notice of such termination, allowing the grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the Conservancy. XXI.INDEPENDENT CAPACITY The grantee, and the agents and employees of the grantee, in the performance of this agreement, are acting in an independent capacity and not as officers or employees or agents of the State of California. City of Santa Ana Grant Agreement No. 22-159 Page 15 XXIL ASSIGNMENT Without the written consent of the Executive Officer, this agreement is not assignable by the grantee in whole or in part. XXIII.TIMELINESS Time is of the essence in this agreement. XXIV.EXECUTIVE OFFICER'S DESIGNEE The Executive Officer shall designate a Conservancy project manager who will 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. XXV. AMENDMENT Except as expressly provided in this agreement, no change in this agreement will be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement will be binding on any of the parties. XXVI. SURVIVAL The obligations in sections"VII. WORK PRODUCTS AND ACKNOWLEDGMENT OF CONSERVANCY SUPPORT" and"XII. INDEMNIFICATION AND HOLD HARMLESS" survive the termination of this agreement. S u s Irv-, r 1 }, r IM ta NO Ldg .44 {� R � C � t 1 Y cl 0-7 f•.� � - a �. � �� FT. i � j,j 2� Exhibit 2 COASTAL CONSERVANCY Staff Recommendation February 2, 2023 Santiago Park Trail and Habitat Restoration Plan Project No. 19-020-02 Project Manager: Danh Lai RECOMMENDED ACTION: Authorization to disburse up to four hundred thousand dollars ($400,000) to the City of Santa Ana to prepare designs and perform environmental review for restoration of 4.28 acres of pedestrian hiking trail and riparian habitat in Santiago Park within the City of Santa Ana, Orange County. LOCATION: Santiago Park, City of Santa Ana, Orange County EXHIBITS Exhibit 1: Project Location Ma Exhibit 2: Project Conceptual Map Exhibit 3: Project Letters RESOLUTION AND FINDINGS Staff recommends that the State Coastal Conservancy adopt the following resolution and findings. Resolution: The State Coastal Conservancy hereby authorizes a grant of an amount not to exceed four hundred thousand dollars ($400,000)to the City of Santa Ana ("the grantee") to prepare designs and environmental review for restoration of 4.28 acres of pedestrian hiking trail and riparian habitat in Santiago Park within the City of Santa Ana, Orange County. Prior to commencement of the project, the grantee 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. 2. Names and qualifications of any contractors to be retained in carrying out the project. Findings: Page 1 of 6 SANTIAGO PARK TRAIL.AND HABITAT RESTORATION PLAN Based on the accompanying staff recommendation 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 recreational opportunities and trails within the Santa Ana River region. 2. The proposed project is consistent with the current Conservancy Project Selection Criteria. STAFF RECOMMENDATION PROJECT SUMMARY: Staff recommends the Conservancy authorize a $400,000 grant to the City of Santa Ana for the Santiago Park trail and habitat restoration plan. The project will develop design plans and perform environmental review for the restoration of 4.28 acres of pedestrian hiking trails and creek-side habitat in Santiago Park.The environmental review of this planning phase will analyze any potential impact to the land that could result from improvements to the trail . It will ensure that those fall within the conditions of Conditional Exemption Section 15304/Class 4 Minor Alterations.They will ensure implementation of the project will have no impact to the creek and existing vegetation in the area. The restoration design plan will include separate trails for pedestrians, bicyclists and vehicles to reduce user conflicts and improve safety, improve ADA accessibility to Santiago Park, and provide public information about Santiago Creek and its vegetation and wildlife. A final goal is to support recreational and educational opportunities for disadvantaged youth who visit Santiago Park during field trips. The design will call for renovating the heavily used pedestrian trail with decomposed granite to enhance accessibility and walkability while establishing a clean visual appearance. High quality security lighting will illuminate the entire trail of the project area in darker hours, creating a stronger sense of safety for pedestrians and cyclists. An ADA accessible bridge will connect the north and south sides of Santiago Park across the creek by improving the functionality of the park and create an inclusive environment for park visitors. The deteriorating landscape will be revitalized with freshly planted native vegetation and maintained with new, comprehensive irrigation systems. Interpretive signage will be installed throughout the project area to enhance the educational spirit of the park.The south end of the park suffers from a lack of amenities and the plan will call for installation of drinking fountains and benches. Site Description: Santiago Park is a 35-acre park adjacent to Santiago Creek, a tributary to the Santa Ana River, in the City of Santa Ana, Orange County. The project site is located immediately adjacent to the Phase II Santiago Park construction improvements project area, previously funded by the Conservancy. It is a heavily used recreational area and was indicated as the most visited public recreational space in a 2021 city wide survey administered by the City of Santa Ana Parks, Recreation, and Community Services Agency.The southeast section of the Page 2 of 6 SANTIAGO PARK TRAIL AND HABITAT RESTORATION PLAN park, where the proposed project is located, is a critical connection point to improve access from the City of Orange and the Santiago Neighborhood into the park site. The pedestrian trail is visibly worn from high traffic and does not provide quality ADA features. The ambience of the south side of the park suffers from the lack amenities, such as drinking fountains and benches, making it less welcoming and thus underutilized.The current lighting system is insufficient and poses as a safety concern for visitors in the colder seasons when daylight is limited. As for the surrounding native landscape,the vegetation is deteriorating from poor irrigation.The Santiago Park Nature Reserve, viewing areas, walking paths and riparian areas along Santiago Creek provide a feature for the public to enjoy bird watching and other wildlife that live in the park. The park includes large oak trees, eucalyptus trees, sycamore trees, poplar trees, and pine trees. Grant Applicant Qualifications:The City of Santa Ana Parks, Recreation and Community Services Agency has received and managed more than $50 million 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. CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA: The proposed project is consistent with the Conservancy's Project Selection Criteria, last updated on September 23, 2021, in the following respects: Selection Criteria 1. Extent to which the project helps the Conservancy accomplishes the objectives in the Strategic Plan. See the "Consistency with Conservancy's Strategic Plan" section below. 2. Project is a good investment of state resources. The project provides an opportunity to complete designs for enhancement of an invaluable resource for the state. Once implemented, it will restore and protect the ecological integrity of a portion of this tributary to the Santa Ana River while also providing a safe recreational space. The budget is reasonable for the scope of work. The Park Santiago Neighborhood Association has expressed strong support for the project, deeming it as "an essential respite within the densely populated urban setting in which [they] live". Local residents and visitors will be able to enjoy the interpretive signs that will highlight the critical role that the park plays in sustaining wildlife, even in its urban context. 4. Project benefits will be sustainable or resilient over the project lifespan. Page 3 of 6 SANTIAGO PARK TRAIL AND HABITAT RESTORATION PLAN The proposed improvement designs will build on the park's existing components to encourage longevity for both the ecological and recreational uses.The installation of a pedestrian bridge and decomposed granite trail are durable solutions forthe park's currently deteriorating landscaping and trails.The habitat restoration equips the park with native plants that are resilient to drought and support local ecology. After invasive vegetation is removed, a more robust irrigation system will ensure the success and sustainability of newly planted native plants. 5. Project delivers multiple benefits and significant positive impact. The project seizes the unique opportunity to provide urban greening along one of very few remaining natural streams in Orange County. Coupled with the plethora of recreation amenities such as archery and lawn bowling,the restoration plans of the trail and enhanced features will provide a safe and welcoming space for all local community members to recreate freely. The project provides access to high quality greenspace for a city with several disadvantaged communities as defined by the California Department of Water Resources. PROJECT FINANCING Coastal Conservancy $400,000 Project Total $400,000 The anticipated source of Conservancy funding for this project is a fiscal year 2021-2022 appropriation to the Conservancy from the General Fund for the Santa Ana River Conservancy Program. (The Budget Act of 2021, Section 19.57 as added by SB 170, Chapter 240, Statutes of 2021)This project is consistent with the goals of the Santa Ana River Conservancy program, as discussed in the Consistency with Conservancy's Enabling Legislation section below. The Conservancy does not typically require matching funds or in-kind services, nor does it require documentation of expenditures from other funders or of in-kind services. Typical grant conditions require grantees to provide any funds needed to complete a project. CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: The proposed project is consistent with the provisions of 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. The Santa Ana River region includes lands on either side of the Santa Ana River or its tributaries (Section 31172(c)).The proposed project is located adjacent to Santiago Creek, which is a tributary of the Santa Ana River. 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, and enhancement (Section 31173(a)). Santa Ana !fiver Conservancy Program goals also include public access to, enjoyment of, and enhancement of recreational and educational experience Page 4 of 6 SANTIAGO PARK TRAIL AND HABITAT RESTORATION PLAN 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 is required to identify and prioritize low-impact recreational and open-space needs, including additional or upgraded facilities and parks that may be necessary or desirable within the Santa Ana River watershed.This project is identified as a priority project in the Plan that will assist in upgrading facilities and parks that are necessary or desirable within the Santa Ana River watershed. Section 31174(c) states that the Conservancy shall "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 awarding a grant to the City of Santa Ana to complete design for recreational opportunities, trails and wildlife habitat restoration in Santiago Park . The project will plan for expanded opportunities for recreation within the park, and plan for greening, aesthetic improvements, and wildlife habitat along Santiago Creek. The separation of trails for pedestrians and bicyclists and improved security lighting will expand and improve the recreational hiking and biking experience within the park. The installation of interpretive elements also will improve the educational experience and provide context for wildlife viewing and enjoyment. CONSISTENCY WITH CONSERVANCY'S 2023-2027 STRATEGIC PLAN GOAL(S) & OBJECTIVE(S): Consistent with Goal 1, Objective 1 of the Conservancy's 2023-2027 Strategic Plan, the proposed project will benefit disadvantaged communities by planning for park facilities that will support recreational and educational opportunities for local disadvantaged youth. Consistent with Goal 2, Objective 4, the proposed project will plan improvements to trail accessibility and safety along the Santiago Creek, a tributary to the Santa Ana River and linked to the Santa Ana River Trail and Santa Ana River Park way. Consistent with Goal 2, Objective 5, the proposed project will plan improvement to interpretive signage and trail amenities such as seating and lighting along the Santiago Creek, a tributary to the Santa Ana River and linked to the Santa Ana River Trail and Santa Ana River Park way. CEQA COMPLIANCE: The proposed planning project is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to Title 14 California Code of Regulations Chapter 3 (CEQA Guidelines), Article 18, Statutory Exemptions, Section 15262, which states that a project involving only feasibility or planning studies for possible future actions that have not yet been approved does not require the preparation of an environmental document under CEQA but does require the consideration of environmental factors. The proposed planning project consists of planning and design, will consider environmental factors, and will be subject to CEQA review and analysis Page 5of6 SANTIAGO PARK TRAIL AND HABITAT RESTORATION PLAN prior to implementation. No potential improvements will be approved without undergoing environmental review under CEQA. Upon approval, staff will file a Notice of Exemption for the project. Page 6 of 6