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HomeMy WebLinkAbout2011/06/07 Item 07CITY COUNCIL. +~~ AGENDA STATEMENT ~`~~ CITY OF --- CHULAVISfA 6/7/11, Item '~ ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $29,833 IN PROPOSITION 84 GRANT FUNDS TO EXPAND CHULA VISTA NATURESCAPE PROGRAM SUBMITTED BY: DIRECTOR OF PUBLIC WORKS ASSISTANT DIRECTO OF ENGINE REVIEWED BY: CITY MANAGER ~ /~/ .ASSISTANT CITY ANAGER ~T 4/STHS VOTE: YES ~ NO SUMMARY The Chula Vista NatureScape program is a community-based initiative to help property owners create wildlife-friendly, water-smart yazds and gazdens. As part of the California Department of Forestry & Fire Protection's Leafing Out Grant Program (supported through Proposition 84), the City was awarded a $29,833 grant to expand the NatureScape program by organizing two free community workshops to educate the public about sustainable landscape designs and to distribute 150 NatureScape-In-A-Box kits to program participants. The grant funding will help Chula Vista become the Califomia community with the most certified "Backyazd Wildlife Habitat Areas" through the National Wildlife Federation. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed action(s) qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of the State CEQA Guidelines because the water savings resulting from the educational workshops and the distribution of the NatureScape-In-A-Box kits will contribute to improving Chula Vista's environment. Therefore, no further CEQA environmental review is necessazy. RECOMMENDATION Council adopt the resolution. 7-1 6/7/11, Item 7 Page 2 of 3 BOARDS/COMMISSION RECOMMENDATION The Resource Conservation Commission recommended that City Council approve the original grant submittal to the Lec~fzng Out Grant Program at their January 10, 2011 meeting. DISCUSSION In 2006, the City of Chula Vista established the community-based NatureScape program to help promote nature-friendly yards and gardens which incorporate food and shelter for wildlife, water-wise plants, mulching, composting, and high efficiency imgation systems. Through the program, staff assists residents, businesses, and schools by hosting free public workshops and on-site landscape assessments. In addition, the program works closely with numerous community partners such as the Chula Vista Garden Club, Southwestern College, Audubon Society (San Diego Chapter), Sweetwater Authority, and Otay Water District to leverage programmatic resources and broaden its positive environmental impact. Participants who successfully incorporate enough sustainable landscape features into their gardens and yards are able to get their properties "certified" through the National Wildlife Federation. To date, over 320 properties around Chula Vista have been certified through the program allowing Chula Vista to become a certified "Community Wildlife Habitat Area." The program's ultimate goal is for Chula Vista to become the California commrmity with the most certified "Backyard Wildlife Habitat Areas" through the National Wildlife Federation. The NatureScape program is also one of the core components of the Council- approved climate protection measures (#7) and helps indirectly reduce greenhouse gas emissions by lowering outdoor water use. In January 2011, City Council approved the submission of a grant proposal under the California Department of Forestry & Fire Protection's Leafing Out Grant Program (supported through Proposition 84) and directed the City Manager to execute all documents in conjunction with implementing the grant (Resolution #2011-006). As a result, the Cali forma Department of Forestry & Fire Protection awarded the City of Chula Vista a 529,833 grant to support additional programmatic resources for the NahireScape program over the next 2 years. Specifically, the grant fiords will be used to host 2 free community workshops and to distribute 150 "NatureScape-In-A-Box" kits. The workshops will help educate the broader community about sustainable landscaping practices and will include sessions on nature-friendly plant selection, water-efficient irrigation techniques, energy-saving landscape strategies, composting, mulching, and organic pesticides/fertilizers. The free kits will help program participants create new or convert existing landscaping into more environmentally-Friendly areas and include a compost bin, shade tree seedlings, water-saving hose nozzle, and a bird feeder. Both components will play a critical role in helping to shift the community's perception away from the notion that urban "green" areas have to be expansive, water-intensive turf lawns. DECISION MAKER CONFLICT Staff has determined that the recommendations requiring Council action are not site specific and consequently the 500 foot rule found in California Code of Regulations section 18704.2(a)(1) is not applicable to this decision. 7-2 6/7/11, Item ~ Page 3 of 3 CURRENT YEAR FISCAL IMPACT The grant would not create a new impact to the City's General Fund. The grant would award $29,833 to the City to purchase supplies and services associated with the proposed project. In addition, the grant would provide funding to support apart-time, hourly employee (12 hours/week) in Public Works Department's Conservation Section to assist with grant administration and project implementation. The matching funds required for the grant would be covered through the Conservation Section's existing budget and external funding sources (ex. in-kind donations). Appropriation of the grant funds will be brought forth in the FY 2011-12 Budget process. ONGOING FISCAL IMPACT The grant would fund the purchase of supplies and services in FY 2011-12 associated with project implementation and would not create any ongoing net impact to the City's General Fund. ATTACHMENTS Attachment A-CAL FIRE Leafing Out Grant Agreement Prepared by: Brendan Reed, Environmental Resource Manager, Public Works -Conservation Section H:IPCIBLIC WORKSIAGENDAICAS2011106-07-IIWSIBLeofing Out Crant-FLVAL.doc 7-3 ~. DEPARTMENT OF FORESTRY AND FIRE PROTECTION - ~ P.O. Box 944246 ',, ~;~T~ SACRAMENTO, CA 94244-2460 _ (916)661-6423 , € We6slte: w.rx fi2.ca oov ~, - May 18, 2011 City of Chala Vista 276 Foarth Avenae Chula Vista, CA. 91910 Attention: James Sandoval Proposition 84 8CA10925: NatureScapein-A-Box This Agreement cannot be considered binding on either party until approved by appropriate authorized CAL F1I2E's Deputy Director of Resource Management. No services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior to fmal approval. Expeditious handling of this Agreement is appreciated. Contact Lynnette Short at (619) 937-1410 if you have questions concerning services to be performed. 1. ^ Please sign al] three sets of agreements where indicated and return all originals for further processing to: Cal-Fire, Resource Management, P.O. Box 944246, Rm. 1516-22 Sacramento, CA 94244-2460, Attn: Deborah Esclito, Urban Forestry Analyst 2. ^ Please initial change(s) made on ail copies of the agreement on page(s) as mazlced. -. 3. ® Enclosed for your record is one fully executed copy of the agreement referenced Above. PJhen billing for services performed under this agreement amendment, your invoices Must reference the Agreement number above and be submitted to the Contract Manager. Thank yo Deborah Esclito Urban Forestry Analyst CC: SCO/DA0 Lynnette Short file CONSERVATION IS WISE-KEEP CALIFORNIA GREEN AND GOLDEN Pt-EASE REMEMBER TO CONSERVE ENERGY. FOR TIPgANp INFORMATION, VISIT "FLEX YOUR POWER" AT WVVW.CA.GOV 8CA10925 State of Calffornia, Dept. of Forestry and Fire Protection URBAN FORESTRY GRANT AGREEMENT (Proposition 84) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2D06 APPLICANT: City of Chula Vista. PROJECT TITLE: Nature5cape-In-A-Box Project GRANT AGREEMENT: 8CA7 0925 PROJECT PERFORMANCE PERIOD: Agreement term is from final approval through March 30, 2013. Under the terms and conditions of this Grant Agreement, the applicant agrees to compleTe the project as described in the project description, and the State of California, acting through the DepT. of Forestry & Fre Protection pursuant to the Proposition 84, the Sofe Drtnking water, Water Quality and Supply, Flood Control, River & Coastal Protection Bond Act of 2006, agrees to tuntl the project up to the total state grant Indicated. PROJECT DESCRIPTION: The Grantee shall administer Urban Forestry Programs that promote safe drinking water, water quality and supply, flood control, waterway and natural resource protection, water pollution and contamination control, state and local park improvements, public access to natural resources, and wafer conservation efforts, Total State Grant not to exceed $ 29,833.00 (or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into this Grant Agreement- City of Chula Vista Applicant g Signature of Authorized Repres ntative Title Gt'YV ~//~/FG£v2- Date ~/d/(t STATE OF CALIFORNIA THE NATURAL RESOURCES AGENCY Name William Snyder Title D~~/eputy Director. Resource Management Date ~//7~ ~~~ CERTIFICATION OF FUNDING AMOUNT OF ORIGINAL GRANT AGREEMENT NUMBER FUND FUNDING $ 29,833.00 8CA70925 General FY 10/11 ADJ. INCREASING PROGRAM ENCUMBRANCE $ 12 ADJ. DECREASING FUNCTION ENCUMBRANCE ~ Support Grants UNENCUMBERED BALANCE LINE ITEM ALLOTMEM CHAPTER STATUTE FISCAL YEAR ~ 3540-101.6051 712 2010 2010/11 T.B.A. NO. B.R. NO. INDEX OBJ. EXPEND PCA PROJECT/WORK PHASE 9520 418.99 96158 V# 086428-00 I hereby certify upon my personal knowledge that budgeted funds are available,for this encumbrance E OF ACCOUNTING OFFICER DATE 7-5 8CA7 0925 State of Califomia, Dept. of Forestry and Fire Protection ' URBAN FORESTRYGRANT AGREEMENT (Proposition 84) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 Article 1. Definitions 1. The term "Act" means the Safe Drinking Water, Water Quality and supply, Flood Control, River and Coastal Protection Bond Act of 2006 and as used herein means the Appropriation for the Program. 2. The term "Grant Agreement" means Grant number BCA10925. 3. fie term "Application" as used herein means the Proposal submitted for Grantee's 2010 Urban Forestry Leafing Out Grant Program. 4. The term "Project Budget Deta1" as used herein defines the Itemized Budget. 5. The term "Project Narrative/Scope of Work".as used herein means the individual scope of work describing in detail the proposed tasks. 6. The term "Grarit.Funds" means the money provided by the State to the Grantee in this Grant Agreement. 7. The term "Grantee" means an applicant who has a signed Grant Agreement for grant funds. ' 8. The term "Other Sources of Fonds" means all cash, donations, or in-kind contributions that are required or used to complete the Project beyond the grant funds provided by this Grant Agreement. 9. The term "Project" means the development or other activity. of this Grant Agreement to be accomplished with grant funds. 10. The term "State" means the State of Califomia, Califomia Dept. of Forestry and Fire Protection. i 1. Incorporated by reference in this agreement are the Grant Guidelines for Urban Forestry: Leaf-It-To-Us, a school tree planting Grant. Article 2. Scope of Work l . Recipients of Grant Funding pursuant to Proposition 84, The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, shall abide by provisions provided in this Grant Agreement. 2. As precedent to the State's obligation to provide funding, Grantee shall provide to the State for review and approval a detailed budget, specifications, and project description. Approval by State of such plans and specifications, or any other approvals provided for in fhis Grant Agreement, shall be for scope and quality of work, and shall not relieve Grantee of the obligation to carry out any other obligations required by this Grant Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity. 3. The parties agree to comply wifih the terms and conditions of the Grant Agreement. 4. (Proposal information) 7-6 BCAT 0925 Sfiate of California, Dept. of Forestry and fire Protection URBAN FORESTRY GRANT AGREEMENT (Proposltlon 84) The Safe Drinking Water, Wafer Quality and Supply, Flood Control, River and Coastal Protection Bond Acf of 2006 ~-~ 8CAf0925 State of California, Dept. of Forestry and fire Protection URBAN FORESTRY GRANT AGREEMENT (Proposition 84) The Safe Drinking Water, Water Quality and Supply, Flood Conhol, River and Coastal Protection . Bond Act of 2006 Article 3. Project Representatives The project representatives during the term of this agreement will be: Feld inquiries: State A enc :CAL FIRE Grantee: Ci of Chula Vista Section/Unit: Urban Fores SectionlUnit: Attention: L nnette Short Attention: James Sandoval Address: 2249 Jamacha Road EI Cajon, CA. 92019 Address: 276 Fourth Avenue Chula Vista, CA. 91910 Phone: 619 937-1410 Phone: 619 691-5031 Fax: 619 590-3127 Email: 'sandoval®ci.chula-vista.ca.us Administration contacts: State A enc :CAL FIRE Grantee: same: lease see above. Name: John Melvin Name: Phone; 916 657-2289 Phone: Fax: 916 653-$957' Fax: Article 4. Project Execution 1. Subject to the availability of Grant monies in the Act, the State hereby grants to the Grantee a sum of money jGrant Funds) not to exceed the amount stated on the signature page in consideration of and on condition fhat the sum be expended in carrying out the purposes as set forth in the description of the Project in this Grant Agreement and its attachments and under the terms and conditions set forth in this Grant Agreement. 2. Grantee shall assume any obligation to furnish any addifional funds that may be necessary to complete the Project. Any modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for approval. 3. Grantee shall complete the Project in accordance with the time of Project performance set forth on the signature page, unless an amendment has been formally granted by the State and .under the terms and conditions of this Grant Agreement. Amendments may be requested in advance and will be considered in the event of circumstances beyond the Conhol of the Grantee. 4. Grantee certifies that the Project plan complies with all Iocai and State laws. 5. Grantee shall permit periodic site visits by representative js) of the State to ensure program compliance and work is in accordance with the approved Project Scope of Work including a final inspection upon Project completion and up to three years after agreement terminates 6. Prior to the commencement of any work Grantee agrees to submit in writing to the State for prior approval any deviation from the original Project Scope of Work.- Changes in Project Scope of Work must continue to meet the need cited in the original application or they will not be approved. Ahy modification or alteration in the Project as set forth in the Application on file with the State must be submitted to the State for prior approval. ~-$ 8CA7 0925 State of California, Dept. of Forestry and Fire Protection URBAN FORESTRY GRANT AGREEMENT (Proposition 84) The Safe Drinking Water, Water Quality Bond Act of 2006d Control, River and Coastal Protection 7. The Grantee, and the agents and employees of Grantee, in the performance of this Grant Agreement, shall act in an independent capacity and not as officers, employees or agents of the State. Article 5. Project Costs and Payment Documentation The Grant Funds to be provided to Grantee under this Grant Agreement v~ill be disbursed for eligible costs as follows, but not to exceed in any event the amount set forth on the signature page of this Grant Agreement: 1. Included work shall not commence prior to the execution of this Grant Agreement. Grant Agreement is considered fully-executed upon signature by Resource Management Deputy Director. Any work started prior to the execution of this Grant Agreement will not be eligible for funding under the terms of this Grant Agreement. 2. Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, on completion of the Project, receipt of a detailed summary of Project costs from the Grantee found to be satisfactory by the State, and the satisfactory completion of a site inspection by the State. 3. Advance Payment: Not withstanding any of the provisions stated within this Agreement, the State may at its discretion make advance payment to the Grantee upon written request by the Grantee. Advance payment made by the State shall be subject to these provisions below. Where hardship circumstances exist for the Grantee, the State will consider authorizing advance payments. The State will consider the following factors in determining whether a hardship situation exists: • Cash flow hardship of the Grantee including the need for advance funding in order to initiate a project. A justification for advance payment may include items such as the inability to pay fdr staff, supplies, administration expenses, and secure contractors for project work. The following guidelines v~ill be applied to advance payments: • Multiple advance payments may be made to a Grantee over the life of a project., No single advance payment shall exceed 25% of the total grant amount. A request for advance payment must include the same level of expenditure detail and justification as a regular invoice. All work under a previous advance payment must be completed to CAL FIRE's satisfaction before another advance payment will be_ made. • Any advance payment received by a grantee and not used for project implementation shall be returned to CAL FIRE. Advance payments must be deposited into an interest-bearing account. Any interest earned on advance payment funds must be accounted for and must be used toward the project or returned to CAL FIRE. 4. Final payment by the State shall be made after do-site inspection and approval by a duly authorized representative of the State. The Grantee shall submit an invoice for payment to the local duly authorized representative of CAL FIRE. A final invoice shall be submitted after completion of the project or prior to the expiration of this Grant Agreement, as specified in this Grant Agreement. 7-9 8CA7 0925 State of California, Dept, of Forestry and Fire Protection URBAN FORESTRY GRANT AGREEMENT (Proposition 84) The Safe Drinking Water, Water Quality and Supply, flood Control, River and Coastal Protection Bond Act of 2006 5. For services satisfactoniy rendered and upon receipt and approval of invoices, the State agrees to compensate the Grantee for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto and made a part of this Grant Agreement. 6. All payment requests must be submitted with an itemized list of all charges, purpose of expenditures v~ith any supporting documentation and clear) identify charges to work plan tasks and elements. Any payment request that is submitted without the itemization will not be authorized: If the itemzation or documentation is incomplete, inadequate or inaccurate, the State will inform the Grantee and hold the payment request untB all required information is received or corrected. Any penalties imposed on the Grantee by a contractor or sub-contractor because of delays in payment will be paid by the Grantee and'a not reimbursable under this Grant Agreement. 7. Grant Funds in this award have a limited period in which they must be expended. P;II Grantee expenditures must occur prior to the end of the term of this Grant Agreement. 8. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Project Budget approved by the State. The dollar amount of an item in the Project Budget may be increased by up to ten percent (10%} through reallocation of funds from another item or items, without approval by the State; however, the Grantee shall notify the State in writing when any such reallocation is made, and shall identify both the item(sj being increased and those being decreased. Any increase or decrease of more than ten percent itOk) in.the amount of an item must be approved in writing by the State. The total amount of Grant Funds may not be increased. 9. Grantee shall promptly submit records at intervals and in such farm as State may request. Invoices (include Grant Agreement Number) shat! be submitted monthly rn arrears to: Name: L nnette Short Office: California De t. of Forest & Fire Protection, Urban and Communit Forestry Address: 2249 Jamacha Road, EI Cajon, CA. 92019 10. Grantee shall submit all documentation for Project completion and final reimbursement v~ithin 30 days of Project completion. NOTE• Invoices received more than thirty days after project completion may not be eligible for reimbursement. 10. Grantee agrees to make immediate monetary restitution of any advance funds for any disallowances of costs or expenditures or unauthorized activities, which are disclosed through audit or inspection by the State. If Grantee does not satisfactorily complete the project and/or project is not certified as satisfactorily completed by a certified arborist, registered professional forester, or city agency representative, all sums previously advanced by the State shall immediately become due and payable to the State. Article 6. Budget Contingency Clause If funding for any fiscal year is reduced or deleted by the Act for purposes of this program, the State shall have the option to either cancel this Grant Agreement v~ith no liability occurring to the State, or offer a Grant Agreement amendment to Grantee to reflect the reduced amount. 7-10 BCA10925 State of California, Dept. of Foresfry and Fire Protection URBAN FORESTRY GRANT AGREEMENT (Proposition 84) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 Article 7. Project Administration 1. Grantee shall promptly submit written Project- reports as the State may request. In any event, Grantee shall provide the State a report showing total fnal Project expenditures. 2. Grantee agrees to use any Grant Funds advanced by the State under the terms of this Grant Agreement solely for the Project herein described. 3. This Grant Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must be in writing stating the amendment request and reason for the request. The Grantee shall make requests in a fimely manner and in no event less than 60 days before the effective date of the amendment. 4. Grantee must report to the State all sources of other funds for the Project. The State may request an audit of any Project that does not fully comply with this provision. Article 8. Project Amendment 8 Termination t. Affer Project commencement, this Grant Agreement may be amended only by written consent of both the State and Grantee. This Grant Agreement may be terminated by State or Grantee upon the giving of written notice to the other pdrty thirty (30) days in advance. 2. If the State terminates the Grant Agreement prior to the completion of the project, the Grantee shall take a(I reasonable measures to prevent further costs to the Stafe under this Grant Agreement and the State shall be responsible for any reasonable and non- cancelable obligations incurred by the Grantee in the performance of this Grant Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Grant Agreement. 3. Falure by the Grantee to comply with the terms of this Grant Agreement or any other Grant Agreement under the Act may be cause for suspension of all obligations of the State hereunder. 4. Failure of the Grantee to comply with the terms of this Grant Agreement shall not be cause for the suspension of all obligations of the State hereunder if in the judgment of the State such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Grant Agreement. 5. Rnal payment may not be made until the Project conforms substantially to this Grant Agreement, as determined by the State. Article 9. Rnancial Records 1. .Grantee agrees that during regular office hours the State shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Grant Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of ifs costs, disbursements and receipts v~ith respect to its activities under this Grant Agreement: 7-11 8CA10425 State of California, Dept. of forestry and Fire Protecfion URBAN FORESTRY GRANT AGREEMENT (Proposition 64) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 2. Grantee shalt keep such financial accounts, documents and records as State shall prescribe, including records which fully disclose (a) the disposition of the proceeds of state funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (cJ the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records as v~ill facilitate an effective audit. All records shall be made available to the State for auditing purposes at reasonable times. Such accounts, documents, and records shall be retained by the Grantee for at least three years after final payment and one year following an audit. 3. Grantee shall use any generally accepted accounting system. Article 10. Hold. Harmless 1. Grantee shall waive all claims and recourse against the State including the right to contribution for loss or damage to persons or properly arising from, growing out of or in any way connected with or incident to this Grant Agreement except claims arising from the. gross negligence of State, its officers, agents and employees.. 2, Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees against any and all claims demands, damages, costs, expenses or liability costs arising out of any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation famishing or supplying work services, materials, or supplies in connection with the performance of this .Grant Agreement as described in the Project description which claims, demands or causes of action arise under Govemment Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents, or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified. 3. Grantee agrees that in the event State is named as codefendant under the provisions of Government Code Section 895 et seq., the Grantee shall notify State of such fact and shall represent State in the legal action unless State undertakes to represent itself as codefendant in such legal action, in which event State shall bear its own frfigation costs, expenses, and attorney's fees. 4. Grantee and State agree that in the event ofi judgment entered against the State and Grantee because of the concurrent negligence of the State and the Grantee, their officers, agents, or employees, an apportionment of IiabiGty to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment. 5. The Grantee shall indemnify, hold harmless and defend the State, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the Grantee has certified. The Grantee acknowledges that it is solely responsible for compliance vvith items to which it has certifed. Article 77. Incorporation 1. The Grant Guidelines and the Application, Scope of Work, Budget Detail and any subsequent changes or additions to the Application, Scope of Work, Budget Detail approved in writing by the State are hereby incorporated by reference into this Grant Agreement as though set forth in fuA in this Grant Agreement. Article 72. Severability . 7-12 SCAT 0925 State of Cal'rfomia, Dept. of Forestry and Fire Protection URBAN FORESTRY GRANT AGREEMENT (Proposition 84) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 1. If any provision of this Grant Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Grant Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Grant Agreement are severable. Article 13. Waiver i. No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied v~ill constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. Article 14. Assignment 1. This Grant Agreement is not assignable by the Grantee either in whole or in part. Article 15. Potential Subcontractors Nothing contained in this Agreement or otherwise, shall creafie any contractual relation between the State and 'any sub grantees, and no sub grant shall relieve the Grantee of his responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its sub grantees and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its sub grantees is an independent obligation from the State's obligation to make payments to the Grantee. As a result, the State shall have no obligation fio pay or to enforce the payment of any moneys to any sub grantee. Article T 6. Settlement of Disputes 1. Settlement of Disputes - In the event of a dispute, Grantee shall file. a "Notice of Dispute: with the following: California Department of Forestry & Fire Protection (CAL FIRE) Attention: Assistant Deputy Director, Resource Protection and Improvement P.O. Box 944246 Sacramento, CA 942442460 2. Notice must be filed within ten (10) working days of discovery of the problem. Within ten (10) days of receipt of notice, the CAL FIRE Assistant Deputy Director or Designee shall advise Grantee of the findings and recommend a method to resolve the dispute. Grantee shall continue to perform Agreement requirements during the dispute period. The decision of the CAL FIRE Assistant Deputy Director, Resource Protection and Improvement shall be final. 3. In the event of a dispute, the language contained within this Agreement shall prevail over any other language including that of the proposal. Article T7. N6n-Discrimination 7-13 8CA7 0925 State of California, Dept. of Forestry and Fire Protection URBAN FORESTRY GRAN7 AGREEMENT (Proposition 84) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 1. Grantee agrees to comply with state and federal laws outlawing discrimination including, but not limited to those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including H1V and AIDS), mental disability, medical condition. (cancer or genetic characteristics), sexual- orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment-related leave. Article 18. Intellectual Property Rights The Grantee agrees that all ddta, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purpose whatsoever. If any such work is copyrightable, the Grantee may copyright the same, except that, as to any work which is copyrighted by the Grantee, the State reserves aroyalty-free, nonexcarf thereof 40 Irrevocable license to reproduce, publish, and use such work, or any p CFR 31.34, 31.36j. 7-14 D. Scope of Work- Describe the approach to be used, the design (methods), and implementation of the project. (nclude who will be involved with specific tasks and justify why the approach, methods and implementation is the most effective way to accomplish the objectives. Include a description of project sign contents and their locations. he City of Chula Vista will develop Naturescape-ln-A-Box kits to help program participants create new or convert existing _ rndscaping into more environmentally-friendly areas The kitswill be designed to emphasize and maximizethe unique ~ nvironmental services that urban "greening° areas can provide. The k'ru will consist of flue accessories -a compost bin, shade trees i S-gallon s'¢e), watersaving hose nozzle, wildlifewater dish, and a bfrdfeeder- aswell as Instructions on designing and maintaining ustainable outdoor natural areas. Working with local project partners, the Clty of Chula V'~sta will also host at least 2 free public vorkshops to help distribute the Nature5cape-lrrA-Box kits andto educate community members through hands-on activities about .ustainable landscaping practices and shadetree planting techniques. Once the Nature5cape-In-A-Box kits are distributed ,City staff '. viii visit participants' properties to address any issues with using the kits and tofurthereducatethem about specific opportunities for '; mproving their outdoor areas' sustainability. These outreach efforts will play a critical pole in helping to shift the community's perception that urban "green° areas have to be expansive, water-intensive turf lawns. fo achieve these objectives, the City will work with current community stakeholder groups and technical experts to develop and ~, aunch the Nature5cape-In-A-Box project. Community partners include 3 local gardening clubs, the Audubon Society (San Diego ; ~hapter), South Bay Botanical Garden (Southwestern College), Otay Water District, and Sweetwater Authority Water District Gty staff ~. vrith the assistance of its partners will purchase and assemble the Nature5cape-IrrA-Box kits and develop education materials to describe the kits' purpose and contents. Staff will Integrate these kits into free community workshops which will broadly educate participants about environmentally-friendly landscaping and gardening practices. Workshops will be led by trained instructors and include varioustopics such as nature-friendly landscaping principles, high efficiency irrigation technologies, and vermiculture composting. During the workshops, special emphasis will also be placed on selecting suitable planting sites and using proper planting techniques to help ensure the young shadetrees'survivalandmaximizetheirenvironmentalbenefits.Aftertheworkshops, ~', City staff wil I visit participants' properties to ensu re that the Nature5cape-IrrA-Box kits are being used properly, that the shade trees are planted correctly, and thatthe properties meetthe requirements to be certified as a "Backyard Wildlife Habitat" through the National Wildlife Federation. To help broadly promote the project the City will develop printed flyers and signagetosolicit public participation. Additional I promotion will beihroughthe City's (and community partners established marketing channels including bimonthly Chula Vista 'CLEAN stakeholder meetings, print advertisements, utilfty bill inserts, electronic newsletters, and social network stes (Facebook). _ These methods will help the project successfully achieve its stated objectives of distributing 75o kits and enrolling 750 residents in the I workshops and overall Nature5cape program. Participating residents will take the first crucial step to converting their hardscapes,turf'. lawns, and water-thirsty landscaping Into more environmentally-friendly "green° areas which reduce water use, conserve energy, absorb runoff, and provide habitat for wildl'rfe. I All marketing materials will include afunding acknowledgement and graphic referencing the specific Proposition Bond and the California Department of Forestry & Fire Protection. Because the project is not site specif4 a sign acknowledging CaiFIRE and the specific sponsoring Proposition Bond will be added to MacKenzie Creek Park where the workshops will be hosted and will be designed to meet CaIFIRE specifications. Finally, because the project is not site-specific, a site map and representative photos are not ~' appiicabie and not Included in this proposal. J T City of Chula Vista -CAL FIRE U a egory ine em $ Unit Cost # Units Materials/Su lies >•~:- -~ ~ ~ Bird Feeder $5.00 150 B/rd8ath $10.00 150 Com ost Bin $15.00 150 Garden Hoze Nozzle $7.00 150 Plant Material $15.00 150 Taxes $6.05 150 rban.Forestry Gran CAL FIRE $ Requested $0.00-"~ - $0.00 $0.00 $0:00 $0.00 $0.00 $0.00 t Application Budget Non-State Matching Dollars Total Project $ -•- -$6,736.00 - 8,738:00 . $780.00 $780.00 $1,500.00 $1,500.00 $2,250.00 $2,250.00 $1,050.00 $1,050.00 $2250.00 $2,250.00 $908.00 $908.00 - Generel Includes Contrectors F . ..:$0;00 $0.00 - $0.00 -~ N/A .Labor - Environmental Resource S ecialist Conservation S ecialist Technical Ex erts Gra hic Desi ner _ $95.77 $15.90 $25.00 $115.00 78 1560 21 5 $24;633.00 - $7 470.00 $17 363.00 $0.00 $0.00 $8,542.00 $0.00 $7 442.00 $525.00 $575.00 33,375.00 $7,470.00 $24,805.00 $525.00 $575.00 AdminlOverhead*,; ~ ,..:. ... ... , ...... ,$O:Op:: ~ %` $0.00 $0.00 ~~. 'Included in hour) Labor rates above Other ~.,. ;.: Worksho Su lies Markefin Matedals/Si ns ~ $250.00 $5,000.00 2 1 ..,:-_$5-,000.00 ~.:.. $0.00 $5 000.00 -:.. $500.00 $500.00 $0.00 $5,500.00 $500.00 $5 000.00 Grand Totals $29,833.00 $17,780.00 $47,613.00 Applicants: Follow all instructions forbudgeting irr he Procedural Guide and the Final Proposal. Package as you fill this budget out. You,may add or remove rows if necessary foryour budget:. Do not: erase the bolded green shaded cells as they contain formulas for this budgett to self.tabulate. Please be sure td'put line items untlet:the correct category:- .Keep in-mind that you will need to provide explanations of the budget line items jri the' Finaf Proposal document. RESOLUTION 2011- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $29,833 IN PROPOSITION 84 GRANT FUNDS TO EXPAND THE CHULA VISTA NATURESCAPE PROGRAM WHEREAS, with the rapid urbanization of California's landscapes, many communities are losing the environmental and societal benefits that "green" or natural areas create; and WHEREAS, the City's NatureScape program helps foster the conversion of hardscapes, turf lawns, and water-thirsty landscaping throughout the City into more environmentally-friendly "green" areas which reduce water use, conserve energy, absorb runoff, and provide habitat for wildlife; and WHEREAS, in January 2011, City Council approved the submission of a grant proposal under the California Department of Forestry & Fire Protection's Leafing Out Grant Program supported through Proposition 84; and WHEREAS, the California Department of Forestry & Fire Protection selected the City of Chula Vista to receive a grant to support additional programmatic resources for the NatureScape program over the next 2 years; and WHEREAS, the grant funds will be used to host two free community workshops and to distribute 150 "NatureScape-In-A-Box" kits; and WHEREAS, both components will play a critical role in helping to shift the community's perception that urban "green" areas have to be expansive, water-intensive turf lawns. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept $29,833 in Proposition 84 grant funds to expand the City's NatureScape program. Presented by Approved as to form by Richard A. Hopkins Director of Public Works ~ frl~n . Googi s~ ~~Cit ~ Attorney 7-17