REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF BOARD GOVERNED COUNTY SERVICE AREAS
AND RECORD OF ACTION
January 23, 2024
FROM
TREVOR LEJA, Assistant Executive Officer, Department of Public Works - Special Districts
SUBJECT
Title
Grant Award and Agreement for the Clean California Local Grant Program Cycle 2 for the County Service Area 20 Joshua Tree Park Improvements at Sunburst Park and Community Park Project
End
RECOMMENDATION(S)
Recommendation
Acting as the governing body of County Service Area 20 Joshua Tree:
1. Accept grant award and approve Restricted Grant Agreement, which includes non-standard terms, with the California Department of Transportation for the Clean California Local Grant Program Cycle 2 for the County Service Area 20 Joshua Tree Park Improvements at Sunburst Park and Community Park Project, in the amount of $3,774,000, effective upon the date approved by the California Department of Transportation through December 31, 2026.
2. Approve Amendment No. 1 to the Restricted Grant Agreement with the California Department of Transportation, amending certain sections of the agreement set forth in Recommendation No. 1 pertaining to the Advance Spending Plan, Scope Cost & Schedule Workbook, Engineer’s Estimate, and total project cost, with no change to the term through December 31, 2026.
3. Adopt Resolution, as required by the California Department of Transportation Clean California Local Grant Program, that authorizes the Chair of the Board of Supervisors, Chief Executive Officer, or Director of the Department of Public Works, as agents of County Service Area 20 Joshua Tree, to execute the Restricted Grant Agreement and any amendments thereto with the California Department of Transportation, and sign all documents in relation to this grant, including, but not limited to, payment requests, and other documents which may be necessary for the completion of the proposed project, subject to review by County Counsel.
4. Approve Capital Improvement Program Project - County Service Area 20 Joshua Tree Park Improvements at Sunburst Park and Community Park Project in the amount of $3,774,000.
5. Authorize the Auditor-Controller/Treasurer/Tax Collector to post budget adjustments, as detailed in the Financial Impact section, for the County Service Area 20 Joshua Tree Park Improvements at Sunburst Park and Community Park Project (Four votes required).
6. Direct the Director of the Department of Public Works to transmit the Restricted Grant Agreement, Amendment No. 1 to the Restricted Grant Agreement, California Department of Transportation Transmittal Letter for grant award, Grant Agreement Package Checklist and any amendments in relation to the Clean California Local Grant Program Cycle 2 for the County Service Area 20 Joshua Tree Park Improvements at Sunburst Park and Community Park Project to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: David Doublet, Assistant Director, 387-7906)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Ensure Development of a Well-Planned, Balanced, and Sustainable County.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The Department of Public Works - Special Districts (District) is seeking approval of a grant award in the amount of $3,774,000 for the County Service Area 20 (CSA 20) Joshua Tree Park Improvements at Sunburst Park and Community Park (Project). This grant has no required matching component. This grant will be used to fund eligible costs of the Clean California Local Grant Program (CCLGP) Cycle 2 for the Project. The Project costs include design of the Project’s plans and specifications and subsequent construction and are anticipated to remain within the total amount of this grant award.
The following 2023-24 budget adjustments to the CSA 20 Operating Fund are requested to proceed with the Project:
|
Cost Center |
Commitment Item |
Description |
Action |
Amount |
|
2000001312 |
40408955 |
State - Grants |
Increase |
$3,774,000 |
|
2000001312 |
54104010 |
Improvements to Land |
Increase |
$3,774,000 |
Sufficient appropriation for the Project will be included in future CSA 20 Operating Fund recommended budgets as needed.
BACKGROUND INFORMATION
On April 26, 2023, following approval by the Chief Executive Officer pursuant to County Policy 05-13 and 05-13 SP1, CSA 20 Joshua Tree applied for Project funding from the California Department of Transportation’s (Caltrans) CCLPG Cycle 2 in the amount of $4,063,305, which was modified on November 22, 2023, to the amount of $3,744,000 to match the amount of the ultimate grant award for this Project. The Project will clean up, beautify, and provide improved recreational opportunities at Sunburst Park and Community Park. More specifically, the Project will improve existing older playgrounds and park features to make them more accessible, beautiful, and safe. Improvements include, but are not limited to, new paving, accessible Americans with Disabilities Act pathways, shade structures, trash receptacles, upgraded inclusive playgrounds, a pump track, and lighting. Improving the playground areas and creating more beautiful and useful park spaces will improve the community and enhance safety for the surrounding community.
On October 9, 2023, CSA 20 Joshua Tree received an initial notice from Caltrans that the grant application was successful in receiving the full Project funding amount of $3,774,000. Approval of this item will accept the grant award from Caltrans CCLGP Cycle 2 in the amount of $3,774,000 for the Project. On December 20, 2023, Caltrans provided the grant award materials, including the Restricted Grant Agreement (RGA) and Amendment No. 1 to the RGA, as well as further instructions for review and processing of the grant award.
In addition to accepting the grant award, this item seeks approval of the CCLGP Cycle 2 RGA and Amendment No. 1 to the RGA. The RGA is required by the CCLGP and includes terms that differ from the standard County contract and omit certain County standard language. The non-standard and missing terms include the following:
1. The RGA provides that the Grantee, CSA 20 Joshua Tree, is required to indemnify Caltrans and all of Caltrans officers and employees, agents, its contractors, its subrecipients, or its subcontractors under on in any condition with the work, authority, or jurisdiction conferred upon CSA 20 Joshua Tree and the RGA. In addition to CSA 20 Joshua Tree’s indemnification obligations, CSA 20 Joshua Tree also assumes all risks of the consequences of exposure of its employees, agents, subcontractors, subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of the RGA, to any and all environmental health hazards, local and otherwise, in connection with the performance of the RGA. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind, or origin.
• The County standard contract does not include any indemnification or defense by the County of another party.
• Potential Impact: By agreeing to indemnify Caltrans, CSA 20 Joshua Tree could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against CSA 20 Joshua Tree, time limited, or expense limited could be brought against Caltrans without such limitations and CSA 20 Joshua Tree would be responsible to defend and reimburse Caltrans for costs, expenses, and damages, which could exceed the total RGA amount.
2. The RGA does not require Caltrans to indemnify the County or CSA 20 Joshua Tree.
• The County standard contract indemnity provision requires the contracting party to indemnify, defend, and hold County harmless from third party claims arising out of the acts, errors or omissions of any person.
• Potential Impact: Caltrans is not required to defend, indemnify or hold the County or CSA 20 Joshua Tree harmless from any claims, including indemnification for claims arising from Caltrans negligent or intentional acts and intellectual property infringement. If the County or CSA 20 Joshua Tree is sued for any claim, the County and/or CSA 20 Joshua Tree may be solely liable for the costs of defense and damages, which could exceed the total RGA amount.
3. The RGA does not require Caltrans to meet the County’s insurance standards as required pursuant to County Policy 11-07.
• The County Policy requires contracting parties to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and set forth in the County standard contract.
• Potential Impact: The RGA does not include County standard insurance requirements. This means that the County has no assurance that Caltrans will be financially responsible for claims that may arise from the RGA, which could result in expenses to the County that exceed the total RGA amount.
Amendment No. 1 to the RGA is also required by the CCLPG program to accept the grant award. Amendment No. 1 amends certain sections of the RGA pertaining to the Advance Spending Plan, Scope Cost & Schedule Workbook, and Engineer’s Estimate.
The Department recommends approval of the RGA and Amendment No. 1 to accept the grant award from Caltrans for CCLGP Cycle 2 for the Project. Approval of this item also adopts a Resolution, as required by the Caltrans CCLGP guidelines, which authorizes the Chair of the Board of Supervisors, Chief Executive Officer, or Director of the Department of Public Works to execute the RGA and any amendments thereto, and to sign and submit all documents in relation to this grant, including, but not limited to, payment requests, and any other documents which may be necessary for the completion of the Project, subject to review by County Counsel.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Aaron Gest, Deputy County Counsel, 387-5455) on January 9, 2024; Auditor-Controller/Treasurer/Tax Collector (Charlene Huang, Auditor-Controller Manager, 382-7022) on November 13, 2023; Finance (Tom Forster, Administrative Analyst, 387-4635) on November 14, 2023; and County Finance and Administration (Paloma Hernandez-Barker, Deputy Executive Officer, 387-5423) on November 16, 2023.