Bishop City Council
October 23, 2023

404
Date Value Owner/Location/Contractor Short Description SMIP Rev Fund 8/11/2023 Tim Rudolph
760 West Pine Street
Landscape Solutions
Backflow $100.00 $0.50 $1.00
8/11/2023 Dana M. Crom
486 North Fowler Street
Home Improvements $20,000.00 $2.60 $1.00
8/10/2023 Lenore Sparks
287 Willow Street
Aris Electric, LLC
Panel Upgrade / Rewire
House
$5,000.00 $0.65 $1.00
8/8/2023 David Isobe
650 Grove Street
A&R Construction
Reroof $18,440.00 $1.30 $1.00
8/2/2023 Stelth Ulvang
375 East South Street
Berger Solar Electric
Solar $28,224.00 $3.67 $2.00
8/1/2023 Randi Pritchard
218 East Line Street
4 Point Plumbing
Water Line Replacement $5,000.00 $0.65 $1.00
8/7/2023 Nancy McMurtrie
358 Short Street
Manor Stove Works
Gas Stove $1,036.00 $0.72 $1.00
Residential Totals $10.00 $84,300.00 $11.09

405
Department of Public Works
Building Permits Issued
9/2023
Small Town with a
Big Backyard!

CITY OF BISHOP
377 West Line Street - Bishop, California 93514
Post Office Box 1236 - Bishop, California 93515
760-873-8458 [email protected]
www.cityofbishop.com
Date Value Owner/Location/Contractor Short Description SMIP Rev Fund Commercial
9/27/2023 Best Western Bishop Lodge
1025 North Main Street
Trout Electric
Tesla Charging Stations $25,000.00 $7.00 $1.00
9/20/2023 Robin Bolser / Jeff Perry
275 South Main Street
Sewer Line Repair $5,000.00 $1.40 $1.00
9/18/2023 LADWP
275 North Warren Street
Swamp Cooler Replacement $5,000.00 $1.40 $1.00
9/12/2023 Al Amiri
787 North Main Street
Conduit $7,000.00 $0.98 $1.00
9/26/2023 A & A Hospitalities
649 North Main Street
Rollins Electric
Electrical Outlets $1,200.00 $0.50 $1.00
Commercial Totals $5.00 $43,200.00 $11.28
Residential
9/8/2023 Howard & Donna Cleland
186 South Second Street
Allen's Construction
Reroof $8,500.00 $1.30 $1.00
9/28/2023 Stelth & Dorota Ulvang
375 East South St. Bishop, CA
MW Electric
Electrical Permit $3,850.00 $0.50 $1.00
9/28/2023 789 Home LLC
771 Pivot Place
Bishop Heating and Air, Inc.

Fire Sprinklers $18,324.00 $0.00 $0.00

406
Date Value Owner/Location/Contractor Short Description SMIP Rev Fund 9/28/2023 789 Home LLC
782 Pivot Place
Bishop Heating and Air, Inc.

Fire Sprinklers $16,550.00 $0.00 $0.00
9/28/2023 789 Home LLC
794 Pivot Place
Bishop Heating and Air, Inc.

Fire Sprinklers $16,881.00 $0.00 $0.00
9/28/2023 789 Home LLC
763 Pivot Place
Bishop Heating and Air, Inc.

Fire Sprinklers $18,324.00 $0.00 $0.00
9/28/2023 789 Home LLC
755 Pivot Place
Bishop Heating and Air, Inc.

Fire Sprinklers $18,324.00 $0.00 $0.00
9/1/2023 Thomas Torres
829 Chamberlain Street
Allen Lancaster
ADU $90,000.00 $11.70 $4.00
9/1/2023 Parris Construction
795 Pivot Place
Bishop Heating and Air, Inc.

Fire Sprinklers $16,881.00 $0.00 $0.00
9/1/2023 Jennifer Kane
451 Short Street
Reroof and HVAC $29,000.00 $3.77 $2.00
9/12/2023 Beryl Rea
637 Grove Street
Don Roberts Roofing
Reroof $19,000.00 $1.30 $1.00
9/14/2023 Sergio Gonzalez & Carissa Dev
286 South Third Street
Clair Concrete Inc.

Sewer Lateral Replacement $5,000.00 $0.65 $1.00
9/18/2023 Janet Reeling
156, 162 Fulton Street (148 Ful
Lopez Roofing
Reroof $17,800.00 $1.30 $1.00
9/20/2023 Gillian & Jeremiah Hart
180 Clarke Street
Bathroom Remodels $20,000.00 $2.60 $1.00
9/26/2023 Bruce Willey
563 Grove Street
Highpoint Solar
Roof Top Solar PV System $15,000.00 $1.95 $1.00

407
Date Value Owner/Location/Contractor Short Description SMIP Rev Fund 9/26/2023 Thomas Grundy
512 North Second Street
Highpoint Solar
Solar $12,500.00 $1.63 $1.00
9/1/2023 James Miller
662 Grove Street
Eastern Sierra Plumbing
Mini Split System $10,000.00 $1.30 $1.00
Residential Totals $15.00 $335,934.00 $28.00

408
409
City of Bishop
Planning Commission
There will be no Planning Commission Meeting
October 24, 2023
The next regularly scheduled meeting will be
November 28, 2023

Bishop City Council Chambers
301 West Line Street
Bishop, CA 93514
760-873-8458
410
411
Agenda Item: 16.A
Date of Meeting: October 23, 2023
Department: Planning
To: City Council
From: Ana Budnyk
Subject: First Reading and Introduction of an Ordinance Approving One-Way Access For Delivery Vehicles Only In The Alley
Prepared On: October 13, 2023
Attachments: Attachment A_An Ordinance_One-Way Access for Delivery Vehicles Only in the Alley
Attachment B_Site Map

STAFF REPORT
Background/History:

The City of Bishop has recently received an application for an encroachment permit within the City's right-of-way (ROW) adjacent to the Eastside Student Center, located at 162 W Line St, Bishop, CA 93514. The requested encroachment permit, if granted, would entail a 6-foot extension into the City's alley right-of-way on West Line Street. This particular alley, positioned between South Main Street and South Warren Street, currently facilitates two-way vehicular traffic.

Analysis/Discussion:

The purpose of the encroachment permit is to facilitate the installation of temporary fences and planters by the Eastside Student Center. These temporary installations aim to delineate and secure an outdoor space dedicated to youth activities. Importantly, Caltrans District 9 has expressed its support for converting the alley into a one-way out-only passage, along with the recommendation for its closure to regular vehicular traffic.

To ensure transparency and involve stakeholders in the decision-making process, public notices were disseminated to adjacent property and business owners. These notices outlined two proposed options: one that would convert the alley circulation into a one-way route exiting onto West Line Street, and a second option that would entirely close vehicular access, transforming the alley into pedestrian and bicycle access only.

In response to the proposals, feedback from property and business owners underscored the critical need to maintain delivery access through the alley. The majority expressed their support for the conversion to one-way access. However, one of the adjacent business owners raised concerns about the funding of signage installation, questioning whether it should rely on taxpayers' funds.
412
In light of the community's feedback, the City adapted the proposal to accommodate vehicle access in the alley, recognizing the vital importance of maintaining access for delivery vehicles.

Considering the community's input and the need for inclusive access, it is recommended that the City Council approve the modification of the Unnamed Alley, between West Line Street and 201 South Main Street, to function as a one-way access route, primarily designated for pedestrian and bicycle traffic, while simultaneously preserving essential delivery truck access.

During the research, it was noticed that a similar Unnamed Alley, between West Line Street and Church Street, is not included in the City of Bishop Municipal Code Title 10, Chapter

10.24. It is proposed that both alleys be included in Chapter 10.24 - "One-Way Streets," Section 10.24.010 - "Designated".

Economic Impacts:

There is no significant economic impact.

Budget Impacts:

City’s funds for 2 signs.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Approve the first reading and introduction of an ordinance Approving One-Way Access For Delivery Vehicles Only In The Alley (by title only).

Approved By: Ethan Aukee / 10/16/2023
Approved By: Robin Picken / 10/18/2023
Approved By: Dean Pucci / 10/19/2023
Approved By: Nora Gamino 10/19/2023
413
Attachment A
City of Bishop Ordinance 2023-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BISHOP, STATE OF CALIFORNIA, AMENDING TITLE 10, CHAPTER 10.24, APPROVING ONE-WAY ACCESS

FOR DELIVERY VEHICLES ONLY IN THE ALLEY
WHEREAS, Unnamed Alley, between West Line Street and Church Street, and Unnamed Alley, between West Line Street and 201 South Main Street, APN 0011810700, currently permit two-way vehicular circulation; and
WHEREAS, access to Unnamed Alley, between West Line Street and Church Street, is allowed from West Line Street and Church Street. Access to Unnamed Alley, between West Line Street and 201 South Main Street, is allowed from West Line Street and the parking lot on South Warren Street (APN 0011811800); and
WHEREAS, public vehicular access is granted within Unnamed Alley, between West Line Street and 201 South Main Street; and
WHEREAS, City of Bishop Municipal Code Chapter 10.24 - "One-Way Streets," Section

10.24.010 - "Designated," outlines the streets designated as one-way streets in the City and requires proper signage for traffic control.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BISHOP DOES ORDAIN AS FOLLOWS:

1. The Unnamed Alley, between West Line Street and Church Street, and Unnamed Alley, between West Line Street and 201 South Main Street, are hereby designated as one-way streets, allowing traffic only in a northward direction, and no vehicle shall move in a direction contrary to this designation.

2. Access to Unnamed Alley, between West Line Street and Church Street, is hereby closed from Church Street. Access to Unnamed Alley, between West Line Street and 201 South Main Street, is hereby closed from West Line Street.

3. Exclusive access for delivery vehicles is granted, for businesses directly adjacent to the alley, and no vehicle unrelated to these businesses shall be allowed to pass through in Unnamed Alley, between West Line Street and 201 South Main Street, from the south edge of the 125 South Main Street property for 165 feet north to West Line Street.

4. Chapter 10.24 - "One-Way Streets," Section 10.24.010 - "Designated" is hereby modified to include:

E. Unnamed Alley, between West Line Street and Church Street, where no vehicle shall be caused to move in a southerly direction;
414
Attachment A
City of Bishop Ordinance 2023-__
F. Unnamed Alley, between West Line Street and 201 South Main Street, APN 0011810700, where no vehicle shall be caused to move in a southerly direction;

6. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after its passage and adoption.

7. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the manner and form provided by law in the Inyo Register, a newspaper of general circulation printed and published in the City of Bishop, State of California, which said newspaper is hereby designated for that purpose.

PASSED, APPROVED AND ADOPTED this ____ day of ___________, 2023. ________________________
Jim Ellis, Mayor
Attest:

By: ____________________________
Robin Picken, City Clerk
415
416
Agenda Item: 16.B
Date of Meeting: October 23, 2023
Department: Finance
To: City Council
From: Ethan Aukee
Subject: Set Fiscal Year 2023-2024 Grants in Support Ad Hoc Committee Prepared On: October 9, 2023
Attachments: Fiscal Year 2023-2024 Grants in Support Application

STAFF REPORT
Background/History:

The City of Bishop Grants in Support Program has proven to be a successful method of granting funds to non-profit organizations with the intent of providing important programs and services to our citizens and neighboring communities. The deadline for program application submission is October 31, 2023. Following receipt of applications, the applications will need to be reviewed and a determination will need to be made with regard to which applicants are awarded a grant and the amount of funding included in each awarded grant.

Analysis/Discussion:

Two Council Members are requested to serve on the Fiscal Year 2023-2024 Grants in Support Ad Hoc Committee with the City Administrator.

Economic Impacts:

The Grants in Support Program has the potential to provide for community services that City staff do not have the capacity to provide. One historical example is the granting of funds to Eastside Student Center during FY 2022-2023 for the revitalization of the Eastside Student Center Building. This project was conducted with the goal of providing a welcoming, clean and warm environment for the youth of the Bishop community and surrounding areas to gather during out-of-school time.

Budget Impacts:

Pending the number of Grants in Support applications received, the City has budgeted $56,000 in the FY 2023-2024 budget.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Council consideration to appoint two (2) Council Members to serve on the Fiscal Year 2023- 417
2024 Grants in Support Ad Hoc Committee with the City Administrator to review all Grants in Support applications received by October 31, 2023 and to make recommendations to the Council at a future meeting.

Approved By: Ethan Aukee, Assistant Finance Director
Approved By: Robin Picken 10/10/23
Approved By: Nora Gamino 10/10/2023
Approved By:
418
City of Bishop
Grant In Support Information Packet
FY 2023-2024
For questions, please contact:

Ethan Aukee, Assistant Finance Director
760-873-5863 x.123
[email protected]
4191
!CITY!OF!BISHOP |!2023-24!Grant!in!Support
TIMELINE!
Tuesday,!July!25th,!2023!ñ Grant!Information!Packets!are!released 8:00!a.m.!
Packets!can!be!found!online!at!https://www.cityofbishop.com/departments/finance/ Packets!can!be!picked!up!at!City!Hall!
Tuesday,!October!31st,!2023!ñ Grant!Submittal!Deadline
Grant!submittal!must!be!received!by!4:30!p.m.!
City!Hall!
377!W.!Line!St.,!Bishop,!CA!
Thursday,!November!30th,!2023!ñ Grant!Awardees!Notified · Grant!awardees!will!be!notified
2420
CITY!OF!BISHOP |!2023-24!Grant!in!Support
GRANT!REQUIREMENTS!
Contractual!and!Reporting!Requirements!for!Grant!Recipients! · Successful!grant!recipients!must!plan!to!expend!the!funds!within!the!2023-2024!fiscal!year, ending!June!30,!2024.
· Organizations!approved!to!receive!grant!funds!must!enter!into!a!Grant!Agreement!with!the!City. · The!City!has!the!option!to!require!insurance!certificates!with!endorsements!to!complete!the Grant!Agreement!and!release!the!grant!funds.

Additional!Information!
The!City:!
· May!request!the!return!of!awarded!grant
funds!not!expended!before!June!30,
2024.
· May!request!additional!information!on
the!proposed!project!and!the
organization.
· May!recommend!funding!levels!below
amounts!requested!by!the!organization.
· Has!the!right!to!conduct!a!program/fiscal
site!visit!and!review!all!organization
records!related!to!the!grant.

Organizations:!
· If!reapplying,!organizations!must!have
met!all!grant!conditions!and
requirements!and!submit!a!final!report
during!their!most!recent!grant!period.
· Must!have!a!functioning!Board!of
Directors.

Grant!Final!Report!
· Final!Reports!can!now!be!submitted
online!at!cityofbishop.com/grants.
· Organizations!are!required!to!submit!a
Final!Report!within!three!months!of
implementing/completing!the!project,
but!no!later!than!September!30th,!2024.
· The!Final!Report!shall!contain!narrative
and!quantitative!information!and
documentation!of!grant!expenditures
(Including!all!itemized!receipts).
· Receipts!for!all!expenses!totaling!grant
amount!must!be!submitted!with!the!Final
Report.
· Failure!to!submit!a!Final!Report!will!result
in!the!City!requesting!reimbursement!of
grant!funds.
· Specifics!on!the!Final!Report!will!be
outlined!in!the!Grant!Agreement.
3421
!CITY!OF!BISHOP |!2023-24!Grant!in!Support
FACT!SHEET!
Overview!
The!Grant!in!Support!Program!is!
designed!to!assist!communitybased!nonprofit!organizations!in! providing!community!services,!art!
activities,!programs,!and!events!
for!City!of!Bishop!residents.!!The!
intent!of!the!funding!assistance!
provided!by!the!Grant!in!Support!
Program!is!to!provide!services!to,!
or!directly!benefiting,!residents!
living!in!the!City!of!Bishop.!
Eligibility!
All!nonprofit!organizations!
providing!services!to!Bishop!
residents!are!eligible!to!apply!for!
grant!funding.!!!
Eligible!Projects!
· One-time!projects!or
programs
· Program!enhancements
· Pilot!programs
· Capital!expenditures
· Special!supplies
· An!organizationís!ongoing
expenditures
Ineligible!Projects!
· Personnel!costs
· Self-labor!expenses
· Requests!that!fund!the
organizationís!general
operations!and!maintenance
activities
· Scholarships!or!other!direct
support!to!individuals!or
families
· Fundraising!sponsorships!or
prizes!for!events
Selection!Criteria!
The!City!Council!will!review!
completed!grant!applications!with!
necessary!attachments!and!
evaluate!them!based!upon:!
· Proposal!project/goal!and
objectives
· Community!needs!and!benefit
· Future!funding!to!sustain
programs/matches
· Organizationís!background
· Evaluation!method
· Project!timeline!identifying
key!activities
· Estimated!project!line-item
budget
4422
CITY!OF!BISHOP |!2023-24!Grant!in!Support
Grant!Submittal!Checklist!
Documentation!Required:!
¸ One!(1)!original!of!the!completed!Grant!Application
¸ Three!(3)!page!Project!Proposal!Narrative!(Categories!A-F) ¸ One!(1)!page!Project!Line-Item!Budget!(Category!G)
¸ List!of!Organizationís!Board!of!Directors
¸ Verification!of!501(c)3!status!(One!copy!only)
¸ A!submitted!Federal!Form!990!for!tax!year!ending!on!or!after!December!31,!2022.!!(Applicable Federal!Form!990,!990-EZ!or!990-N)
¸ Optional:!One!(1)!promotional!attachment!i.e.,!letter!of!support,!picture,!etc.!!No!video!or!audio tapes!are!accepted.
· Grant!submittal!with!required!attachments!in!PDF!files!can!be!emailed!to [email protected]!or!mail/deliver!hard!copy!to!the!City!of!Bishop!on!or!before!October 31,!2023,!at!4:30!p.m.!!Grant!submittals!received!after!that!date!and!time!will!not!be!considered for!funding.

City!of!Bishop!
Attn:!Ethan!Aukee!
Re:!Grant!in!Support!
377!W.!Line!St!
Bishop,!CA!93515!
Please!note:!
· Failure!to!follow!the!directions!as!outlined!above!may!result!in!grant!submittal!being!rejected. · Proof!of!insurance!is!not!needed!at!this!time.!!If!selected!to!receive!grant!funds!the!City!reserves the!right!to!require!insurance!certificates!with!endorsements!as!outlined!by!the!City.!!Failure!to submit!required!insurance!documents!by!the!identified!deadline!may!result!in!Grantee!not receiving!funding.
· The!City!Council!will!rate!the!grant!submittal!and!decide!if!the!applicants!should!be!fully, partially,!or!not!funded.
· Applicants!may!receive!feedback!regarding!the!grant!submittal!from!the!grant!coordinator.!!The coordinator!does!not!rate!the!applications!nor!influence!the!City!Council!funding recommendations
423 5
!CITY!OF!BISHOP |!2023-24!Grant!in!Support
Grant!Application!
Check!one:!!!!!!!Community!Services!!!!!!!!!!!!Community!Arts! Name!of!Organization:!!!______________________________________________________________________! Contact!Person:!!____________________________________________________________________________! Telephone:!!______________________________!!E-Mail!Address:!____________________________________! Project!Title:!!_______________________________________________________________________________! Project!Location:!!____________________________________________________________________________! Total!Project!Cost:!!____________________________!Grant!Amount!Requested:!!________________________! Organizationís!Tax!ID!Number:!!__________________!!!Is!your!organization!a!501(c)3?!!!!!!!!!Yes!!!!!!!!No!!!!!! Organization!Address:!!________________________________________________________________________! Does!your!organization!carry!General!Liability!and!Workersí!Compensation!Insurance?!!!!!!!!!Yes!!!!!!!!!!!!!!No!! (Proof!of!Insurance!or!insurance!certificates!with!endorsements!naming!City!as!additional!insured!may!be!required!if!grant!is!awarded.)! Has!your!organization!received!funding!in!the!past?!! !!Yes!ñYear!received!_________! !No! Attach!Grant!Submission!Packet:!
This!would!include:!
· Project!Proposal!Narrative!(Categories!A-F)
· Project!Line!Item!Budget!(Category!G)
· List!of!Organizationís!Board!of!Directors
· Optional:!One!(1)!promotional!attachment!i.e.,!letter!of!support,!picture,!etc.

Attach!Verification!Documents:!
This!would!include:!
· Verification!of!501(c)3!status
· Federal!Form:!990,!990-EZ,!or!990-N!
To!the!best!of!my!knowledge,!the!data!and!information!in!this!grant!application!is!true!and!correct,!and!I!am!authorized! to!file!this!grant!application!on!behalf!of!the!organization.! Name!of!Grant!Applicantís!Representative:!__________________________________________________________ Signature:!!_________________________________________________________Date:!______________________! Title:!_____________________________________________________________! 4246
CITY!OF!BISHOP |!2023-24!Grant!in!Support!
PROJECT!PROPOSAL!NARRATIVE!
A!Project!Proposal!Narrative!shall!be!submitted!as!part!of!the!application!package.!!The!information! provided!in!the!Project!Proposal!Narrative!will!be!used!to!evaluate!completed!grant!proposals.!!The! proposal!narrative!shall!be!limited!to!the!following:!

1. A!narrative!response!to!Categories!A!through!F!(listed!below),!no!more!than!three!(3)!pages long,!single-sided,!double-spaced,!in!at!least!an!11-point!font,!with!one!inch!(1î)!margins.

2. A!one!(1)!page!proposed!project!line!item!budget,!as!described!in!Category!G.

The!Project!Proposal!Narrative!includes!the!following!categories:! (Use!the!following!headings!and!letters!to!organize!your!Project!Proposal!Narrative)! A) Proposed!Project/Goals!and!Objectives!(25-point!maximum) · Provide!a!detailed!description!of!the!proposed!project;!include!production!titles!and!detail!if applicable.
· Outline!the!goals!and!objectives!to!be!achieved!through!this!grant!request!and!how!the!agency will!accomplish!the!goals!and!objectives.
· Provide!information!describing!what!is!unique!and!innovative!about!the!proposed!project.

B) Community!Need!and!Benefit!(20-point!maximum)
· Describe!the!community!need!for!the!proposed!project!and!include!any!data!that!identifies!and supports!the!need!for!the!project.
· Identify!what!the!benefit!of!the!proposed!project!will!be!to!the!community!and!how!the community!will!be!made!aware!of!the!project.
· Identify!the!target!population!who!will!receive!the!proposed!programís!services!and!how!this population!will!be!selected.

C) Future!Funding!to!Sustain!Program/Matches!(10-point!maximum) · Outline!how!the!organization!plans!to!sustain!this!program/performance!beyond!the!current year!of!grant!funding.
· List!any!dollar!or!in-kind!match!that!will!be!made!to!the!proposed!project. · Describe!if!the!proposed!program!or!project!would!be!possible!without!the!grant!funding!being requested.

D) Organizationís!Background!(15-point!maximum)
· Describe!the!organizationís!mission!statement.
· Describe!past!experience!and!success!as!they!pertain!to!administering!similar!projects. 425 7
CITY!OF!BISHOP |!2023-24!Grant!in!Support
E) Evaluation!Method!(10-point!maximum)
· Clearly!identify!how!and!what!method!the!organization!will!use!to!measure!the!success!of!the program!as!it!relates!to!its!quality!and!overall!impact!on!the!community.

F) Project!Timeline!Identifying!Key!Activities!(10-point!maximum) · Outline!the!proposed!timeframe!in!which!the!project!will!be!performed.!!Include!specific program!benchmarks!to!be!achieved.
· The!timeframe!should!list!chronologically!all!activities!necessary!to!complete!the!project,!and include!the!start!and!end!dates!for!each!activity.

G) Project!Line-Item!Budget!(10-point!maximum)
· Attach!a!separate!page!with!a!line-item!budget!for!the!proposed!project/program!that!details how!the!grant!funds!will!be!spent!on!your!program/project/performance.!!If!the!project!budget is!larger!than!the!City!grant!amount!requested,!please!provide!a!separate!line-item!budget showing!the!overall!project/program!budget!and!how!the!City!grant!funds!will!be!used.!!(Sample project!line-item!budget!is!enclosed!for!your!assistance.) 8 426
CITY!OF!BISHOP |!2023-24!Grant!in!Support
Sample!Project!Line-Item!Budget!
Organization!Name:!!City!of!Bishop!Non-Profit!Organization! Proposed!Project!Title:!Really!Great!Program!to!Benefit!Community! Requested!Amount:!$4,500!
Project!
Budget
Required!
Grant
Grant!Budget!!!!!!
Line!Item!Description
INCOME
A. Contributed
!City!of!Bishop 4,500 4,500 City!Grant
!Individual!Contributions 1,500
!Business/Corporations 1,000
!Foundations
!Fundraising!Events 800
Subtotal!Income!Contributed 7,800 4,500
B. Earned
!Admissions/Entry!Fees 1,200
!Product!Sales/Concessions 300
Subtotal!Income!Earned: 1,500
TOTAL!PROJECT!INCOME 9,300 4,500

EXPENSES
A. Personnel
!Administrative 3,000
!Technical
!Artistic
Subtotal!Personnel 3,000
B. Operating!Expenses
!Facility!Rental
!Supplies 1,600 800 wood,!hardware,!paint
!Printing 800 800 publicity!flyers,!posters
!Contractual!Services 500
!Professional!Services 1,500 1,500 specialized!consultant !Promotion!&!Publicity 1,000 600 educational!brochures
!Equipment 900 800 tools,!supplies
!Utilities
!Insurance
Subtotal!Operating!Expenses: 6,300 4,500
TOTAL!PROJECT!EXPENSES 9,300 4,500
427 9
CITY!OF!BISHOP |!2023-24!Grant!in!Support!
SAMPLE!FINAL!REPORT!
*Final!Reports!can!now!be!submitted!online!at!cityofbishop.com/grants.

Name!of!Organization!______________________________________________________________! Project!Title!______________________________________________________________________! A. SERVICES!PROVIDED ñ!Describe!the!project/program!or!services!provided!and!how!it!benefited!the community.!!From!the!evaluation!method!used!to!measure!the!success!of!the!project/program implemented,!describe!the!outcome!and!its!impact!on!the!community.

B. PROJECT!GOALS ñ!Describe!how!the!project/program!achieved!the!goals!and!objectives!identified!in the!submitted!funding!application.
10 428
CITY!OF!BISHOP |!2023-24!Grant!in!Support
C. NUMBER!SERVED!BY!GRANT ñ!Describe!the!target!population!served!by!the!project/program,!and!the number!of!City!residents!as!well!as!the!total!number!of!people!served!by!the!grant!funds!during!the reporting!period.

Total!number!of!City!residents!served:!_____________________________! Total!number!of!people!served:!__________________________________! D. TOTAL!EXPENDITURES ñ!Describe!in!detail!how!the!grant!funds!received!were!spent.

E. ATTACHMENTS:

E. ATTACHMENTS:
 Invoices/receipts ñ!Attach!copies!of!invoices!for!ALL!expense!invoices!paid!by!City!grant!funds!as outlined!in!the!project!line-item!budget.
 Color!photograph(s)!-!Attach!one!(1)!to!three!(3)!photographs!of!the!program!for!which!the grant!was!awarded.
429 11
Agenda Item: 16.C
Date of Meeting: October 23, 2023
Department: Community Services
To: City Council
From: Dan McElroy
Subject: California Natural Resources (CNRA) Urban Greening Grant Agreement and Memorandum of Understanding (MOU) between the City of Bishop and Friends of the Eastern Sierra Community Gardens Prepared On: October 16, 2023
Attachments: CNRA Urban Greening Grant Agreement
MOU between the City of Bishop and Friends of the Eastern Sierra Community Gardens

STAFF REPORT
Background/History:

The City of Bishop Community Services Department and the Friends of the Eastern Sierra Community Gardens have worked together to file an application with the California Natural Resources (CNRA) Urban Greening Grant for the Community Garden Enhancement Project.

The application was filed on March 28th, 2022, and was awarded the Urban Green Grant funding. The Community Garden Enhancement Project will provide for demonstration areas, ADA access, trees, irrigation upgrades, compost area, and shade area within the access garden.

Analysis/Discussion:

The CNRA has selected the Community Garden Enhancement Project for funding and has made available the Agreement to be signed by the City of Bishop. The California Urban Greening Grant requires reporting and submittals for the reimbursement for expended funds.

The City of Bishop Community Services Department has drafted a Memorandum of Understanding between the City of Bishop and the Friends of the Eastern Sierra Community Gardens to facilitate the reporting and reimbursement process.

Economic Impacts:

By enhancing the amenities at the City Park Community Garden, the economic impacts will help to attract community members and tourists. As the Bishop City Park is centrally located visitors will frequent local businesses and generate taxable revenue.

Budget Impacts:

The CNRA Urban Greening Grant expenditures totaling $138,920.80 were not budgeted within the Parks and Recreation FY 2023-2024 budget. The Parks and Recreation Department's 430
budget will need to be increased by $138,920.80, but General Fund revenue will increase by the same amount as the grant is 100% reimbursable.

The affected budget accounts are 001-000-40008 (Urban Greening Grant, Revenue) and 001- 031-58030 (Urban Greening Grant, Expenditure).

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

1. Authorize the City Administrator to sign the Agreement with California Natural Resources for the Urban Greening Grant;

2. Approve the Memorandum of Understanding between the City of Bishop and the Friends of the Eastern Sierra Community Gardens for the administration of the California Urban Greening Grant; and

3. Approve the increased General Fund revenue and Parks and Recreation expenditures within the FY 2023-2024 budget, both in the amount of $138,920.80.

Approved By: Ethan Aukee 10/17/2023
Approved By: Robin Picken 10/17/2023
Approved By: Dean Pucci 10/17/2023
Approved By: Nora Gamino 10/19/2023
431

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
GRANTEE NAME: City of Bishop
PROJECT TITLE: The Bishop Community Garden Expansion and Enhancement Project AUTHORITY: Senate Bill (SB) 859 and Budget Act of 2021 (Chapter 240, Statutes of 2021) PROGRAM: Urban Greening Grant Program
AGREEMENT NUMBER: UG2104-0
TERM OF LAND TENURE: 20 years from date of project completion as evidenced by Project Certification Form
PROJECT PERFORMANCE PERIOD: 10/1/2023 to 12/31/2025
Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope set forth in Exhibit A and any subsequent amendments, and the State of California, acting through the Natural Resources Agency, agrees to fund the project up to the total grant amount indicated pursuant to Senate Bill (SB) 859 and Budget Act of 2021 (Chapter 240, Statutes of 2021).

PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement Total State Grant not to Exceed $138,920.80 (or project costs, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement.

CITY OF BISHOP

STATE OF CALIFORNIA

NATURAL RESOURCES AGENCY
By: By:

Deston Dishion Andrea Scharffer
Title: City Administrator Title: Deputy Assistant Secretary, Bonds & Grants Date: Date:

CERTIFICATION OF FUNDING
AMOUNT OF ESTIMATE FUNDING AGREEMENT NO. FUND
$138,920.80 UG2104-0 0001 – General Fund
ADJ. INCREASING ENCUMBRANCE FI$CAL PO NO.

ADJ DECREASING ENCUMBRANCE FUNCTION
Local Assistance
UNENCUMBERED BALANCE REF NO. FUND ENACTMENT YEAR ACCOUNT NO. ALT ACCOUNT 101 0001 2021 5432000 5432000000

PROGRAM PCBU PROJECT ACTIVITY RPTG STRUCTURE SVC LOCATION AGENCY USE BUDGET PERIOD 0320 0540 0540UG21040 21139 05402001 21139 N/A 2022
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance.

SIGNATURE OF ACCOUNTING OFFICER DATE
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Agreement No. UG2104-0

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
GRANTEE NAME: City of Bishop
PROJECT TITLE: The Bishop Community Garden Expansion and Enhancement Project AGREEMENT NUMBER: UG2104-0
AUTHORITY: Senate Bill (SB) 859 and Budget Act of 2021 (Chapter 240, Statutes of 2021) PROGRAM: Urban Greening Grant Program

PROJECT DESCRIPTION
Project to enhance the Bishop Community Garden with new plots and trees. Paved pathways will provide improved access to the new plots.

A detailed project scope and activities, project schedule and project budget are described and attached hereto as Exhibit A.

Grant funds are to be used to reduce GHG emissions by creating, enhancing, or expanding community parks and green spaces and/or using natural systems or systems that mimic natural systems to achieve multiple benefits in accordance with the provisions contained in the Urban Greening Grant Program and this Agreement.

TERMS AND CONDITIONS OF GRANT
Special Provisions

1. Recipients of Grant Funds shall post signs acknowledging the source of the funds pursuant to the Application Guidelines. Size, location, and number of signs shall be approved by the State.

Required signage must be in place before Grant Funds for construction will be released.

2. Upon completion of detailed Project design, plans and specifications, Grantee shall provide to the State for review and approval a revised detailed Project Budget, Project Scope and detailed site plan. If Project includes habitat restoration or landscaping, Grantee shall provide a planting palette demonstrating how native, low-water, drought-resistant vegetation will be used in the Project. If the plant palette includes non-natives, provide justification for review and approval by the State. All plantings will be no greater than fifteen gallons. Approval of said plans is a condition precedent to the State’s obligation to make any construction funding available pursuant to this Agreement. The approval by the State of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope of work as described in Exhibit A and shall not relieve Grantee of the obligation to construct and maintain the facilities, or carry out any other obligations required by this Agreement, in accordance with applicable laws or any other standards ordinarily applied to such work or activity.

3. The Grantee may be required to record Deed Restrictions, incorporating by reference this Grant Agreement and giving public notice that the Grantee received funds under this Agreement in 433
Agreement No. UG2104-0

order to assist Grantee in developing the real property and that, in consideration for the receipt of the Grant Funds, the Grantee has agreed to the terms of this Agreement.

General Provisions
A. Definitions

1. The term “Act” means Senate Bill (SB) 859 and Budget Act of 2021 (Chapter 240, Statutes of 2021).

2. The term “Agreement” means this Grant Agreement.

3. The term “Application” means the individual application form, its required attachments for grants pursuant to the enabling legislation and/or program and any applicable materials supplied by applicant to the Natural Resources Agency prior to award.

4. The term “Application Guidelines” means the Urban Greening Grant Program Grant Guidelines and Application.

5. The term “Development” means improvement, rehabilitation, restoration, enhancement, preservation, protection and interpretation or other similar activities.

6. The term “Fair Market Value” means the value placed upon the property as supported by an appraisal that has been reviewed and approved by the California Department of General Services (DGS).

7. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.

8. The term “Grant Agreement” means a contractual arrangement between the State and Grantee specifying the payment of funds by the State for the performance of specific Urban Greening project objectives within a specific project performance period by the Grantee.

9. The term "Grantee" means an applicant who has a signed agreement for Grant Funds.

10. The term “Interpretation” means visitor-serving amenities that communicate the significance and value of natural, historical and cultural resources in a manner that increases the understanding and enjoyment of these resources, or other similar activities.

11. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the Urban Greening project beyond the Grant Funds provided by this Agreement.

12. The term “Payment Request Form” means Form RA212.

13. The term "Project" means the Development activity described in the application as modified by Exhibit A to be accomplished with Grant Funds.

14. The term “Project Budget” means the State approved cost estimate included as Exhibit A to this Agreement.
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15. The term “Project Scope” means the description or activity of work to be accomplished by the Urban Greening Project.

16. The term “Public Agency” means any State of California department or agency, a county, city, public district, or public agency formed under California law.

17. The term "State" means the Secretary for Natural Resources or his/her representatives, or other political subdivisions of the State.

B. Project Execution

1. Subject to the availability of funds in the Act, the State hereby grants to the Grantee a sum of money a sum of money (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement.

2. Grantee shall furnish any and all additional funds that may be necessary to complete the Project.

3. Grantee shall complete the Project in accordance with the Project Performance Period set forth on the signature page unless an extension has been formally granted by the State and under the terms and conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee, but in no event beyond March 1, 2026.

4. Grantee shall at all times ensure that Project complies with the California Environmental Quality Act (CEQA) (Public Resources Code, Division 13, commencing with section 21000, et. seq., Cal Code Regs tit. 14, section 15000 et. seq.) and all other environmental laws, including but not limited to obtaining all necessary permits. Grant Funds will not be disbursed before the close of the period for legal challenge under CEQA.

Grant Funds for planning and document preparation may be available sooner if included in the grant Project Scope (Exhibit A) and approved by the State. CEQA compliance shall be completed within one (1) year from the Grant Agreement start date, unless an extension is granted by the State.

Changes to the scope resulting from CEQA compliance are permitted provided the State determines that the project continues to meet all objectives of the Urban Greening Grant Program and is consistent with the intent cited in the original Application.

If a grantee's project is disapproved on grounds related to the Resource Agency's CEQA determination, the grantee shall have the option of either: (1) reimbursing the Resource Agency for all State-reimbursed preliminary costs (e.g., planning, design, etc.), or (2) relinquishing any planning/design documents, including all copies, reproductions, and variations resulting from said funding, without a license to use or otherwise retain in any form.

5. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.

6. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, legal requirements for 435
Agreement No. UG2104-0

construction contracts, building codes, environmental laws, health and safety codes, and disabled access laws. Grantee certifies that, prior to commencement of construction, all applicable permits, and licenses (e.g., state contractor’s license) will have been obtained.

7. Grantee shall provide access to the State upon 24-hours’ notice to determine if Project work is in accordance with the approved Project Scope, including a final inspection upon Project completion.

8. 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 per Exhibit A and the Application. Changes in Project Scope must continue to meet the need cited in the original application or they will not be approved. 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.

Any modification or alteration in the Project must also comply with all current laws and regulations, including but not limited to CEQA.

9. Grantee shall provide for public access to the Project where feasible.

10. Grantee must have (1) fee title, (2) leasehold, or (3) other interest to Project lands and demonstrate to the satisfaction of the State that the proposed Project will provide public benefits that are commensurate with the type and duration of the interest in land. Any acquisition of Project lands by Grantee following award shall not involve eminent domain proceedings or threat of eminent domain proceedings.

11. Grantee shall promptly provide photographs of the site during and after implementation of Project at the request of the State.

12. If a nonprofit organization, Grantee certifies the corporation is qualified under Section 501(c)(3) of the Internal Revenue Service Code, has an active status with the Secretary of State, and is current with the Attorney General’s Registry of Charitable Trusts. Failure by the Grantee to remain in compliance with these nonprofit requirements may be cause for suspension of all obligations of the State hereunder and termination of this Agreement.

C. Project Costs

1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs, on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:

2. Approved direct management costs or construction and Development costs. Up to ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project.

3. Remaining Grant Funds shall be paid up to the total amount of the Grant Funds or the actual Project cost, whichever is less, upon 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.

4. Payment Documentation:

5. All payment requests must be submitted using a completed Payment Request Form. This form must be accompanied by an itemized list of all expenditures that clearly documents 436
Agreement No. UG2104-0

the check numbers, dates, recipients, line-item description as described in the Project Budget approved by the State and amounts. Each payment request must also include proof of payment such as receipts, paid invoices, canceled checks or other forms of documentation demonstrating payment has been made.

6. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate, or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.

7. Grant Funds in this award have a limited period in which they must be expended. All Grantee expenditures funded by the State must occur within the time frame of the Project Performance Period as indicated in this Agreement.

8. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Exhibit A as approved by the State. The total dollars of a category in the Project Budget may be increased by up to ten percent (10%) through a reallocation of funds from another category, 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(s) being increased and those being decreased. Any cumulative increase or decrease of more than ten percent (10%) from the original budget in the amount of a category must be approved in writing by the State. In any event, the total amount of the Grant Funds may not be increased, nor may any adjustments exceed the limits for preliminary costs as described in the Application Guidelines.

D. Project Administration

1. Grantee shall promptly submit written Project reports and/or photographs upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final payment request and required closing documents.

2. Grantee shall make property and facilities acquired or developed pursuant to this Agreement available for inspection upon request by the State.

3. Grantee agrees to use any income earned by the Grantee from use of the Project to further Project purposes, or, if approved by the State, for related purposes within the jurisdiction.

4. Grantee shall submit all documentation for Project completion and final reimbursement within ninety (90) days of Project completion, but in no event any later than March 1, 2026.

5. Final payment is contingent upon State verification that the Project is consistent with Project Scope as described in Exhibit A, together with any State approved amendments.

6. This 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 timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment.
437
Agreement No. UG2104-0

7. Grantee must report to the State all sources of other funds for the Project.

E. Project Termination

1. Prior to the completion of Project construction, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant Agreement for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which affects performance of this or any other grant agreement or contract entered into with the State. The State may also terminate this Grant Agreement for any reason at any time if it learns that the Grantee made false representations during the evaluation process, either knowingly or because Grantee failed to act reasonably. This can include, but is not limited to, identifying conditions or uses at the site that would otherwise be inconsistent with the purposes of the award, or would have deemed the project less competitive. The State reserves the right, in such cases, to require Grantee to repay any amounts already expended.

2. If the State terminates the Agreement without cause prior to the end of the Project Performance Period, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for and reimburse to Grantee any eligible, reasonable, and non-cancelable obligations and costs incurred by the Grantee in the performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.

3. If the Grantee fails to complete the Project in accordance with this Agreement or fails to fulfill any other obligations of this Agreement prior to the termination date, the Grantee shall be liable for immediate repayment to the State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project.

Notwithstanding anything to the contrary contained in the previous sentence, Grantee shall not be liable for repayment to the State of any amounts disbursed by the State in the event Grantee fails to complete the Project or fails to fulfill any other obligations of this Agreement as a result of the negligent acts or omissions or the willful misconduct of the State or its agents, officers, or employees. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.

4. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement under the Act may be cause for suspension of all obligations of the State hereunder.

5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending 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 Agreement.

6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, is the preservation, enhancement or establishment of community green areas and spaces for the people of the State of California, and because such benefit exceeds to an immeasurable and unascertainable extent the amount of 438
Agreement No. UG2104-0

money furnished by the State by way of Grant Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement.

The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.

F. Hold Harmless

1. Grantee shall waive all claims and recourses against the State, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except claims arising from the gross negligence or willful misconduct of State, its officers, agents, and employees.

2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Acquisition, development, construction, operation or maintenance of the property described in the Project description which claims, demands or causes of action arise under Government 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 or willful misconduct 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 and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

G. Financial Records

1. Grantee shall maintain satisfactory financial accounts, documents, and records for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents, and records for three (3) years after final payment and one (1) year following an audit.

2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the other party pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements, and receipts with respect to its activities under this Agreement.

3. Grantee shall use applicable Generally Accepted Accounting Principles, unless otherwise agreed to by the State.

H. Use of Facilities

1. The real property (including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California, acting through the Natural Resources Agency, or its successor, provided that such approval shall not be 439
Agreement No. UG2104-0

unreasonably withheld as long as the purposes for which the Grant was awarded are maintained.

2. Grantee shall maintain, operate, and use the Project in fulfillment of the purpose funded pursuant to this Grant for a minimum of TWENTY (20) YEARS, consistent with the Land Tenure/Site Control requirements included in the Application Guidelines. The Grantee, or the Grantee’s successor in interest in the property, may assign without novation the responsibility to maintain and operate the property in accordance with this requirement only with the written approval of the State. Grantee may be excused from its obligations for operation and maintenance of the Project site only upon the written approval of the State for good cause. “Good cause” includes, but is not limited to, natural disasters that destroy the Project improvements and render the Project obsolete or impracticable to rebuild.

3. Grantee shall use the property for the purposes for which the Grant was made and shall make no other use or sale or other disposition of the property. This Agreement shall not prevent the transfer of the property from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.

4. If the use of the property is changed to a use that is not permitted by the Agreement, or if the property is sold or otherwise disposed of, at the State’s sole discretion, an amount equal to: (1) the amount of the grant, (2) the Fair Market Value of the real property, or (3) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State. If the property sold or otherwise disposed of is less than the entire interest in the property funded in the Grant, an amount equal to either the proceeds from the sale or other disposition of the interest or the Fair Market Value of the interest sold or otherwise disposed of, whichever is greater, shall be reimbursed to the State.

5. The Grantee shall not use or allow the use of any portion of the real property for mitigation without the written permission of the State.

6. The Grantee shall not use or allow the use of any portion of the real property as security for any debt.

I. Nondiscrimination

1. During the performance of this grant, grantee and its subcontractors shall not unlawfully discriminate, harass or allow harassment, against any person because of sex, sexual orientation, race, color, religious creed, marital status, denial of family and medical care leave, ancestry, national origin, medical condition (cancer/genetic characteristics), age (40 and above), disability (mental and physical) including HIV and AIDS, denial of pregnancy disability leave or reasonable accommodation. Grantee and subcontractors shall ensure that the evaluation and treatment of all persons, and particularly their employees and applicants for employment are free from such discrimination and harassment. Grantee and its subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, §12900 et seq.) and the applicable regulations promulgated thereunder (Cal. Code Regs, tit. 2, §7285.0 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, §12990 (a)–(f), are incorporated into this grant by reference and made a part hereof as if set forth 440
Agreement No. UG2104-0

in full (Cal. Code Regs, tit. 2, §7285.0 et seq.). Grantee shall include this non-discrimination and compliance provisions of this clause in all subcontracts to perform work under the grant.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. The completed Project and all related facilities shall be open to members of the public generally, except as noted under the special provisions of this Agreement or under provisions of the Act.

J. Application Incorporation
The Grant Guidelines and the Application and any subsequent changes or additions to the Application approved in writing by the State are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement.

K. Severability
If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

L. Waiver
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, will constitute consent to, waiver of or excuse of any other, different, or subsequent breach by either party.

M. Assignment
Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole or in part.

N. Disputes
If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Agency Grants Administrator. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:

1. If the issue cannot be resolved informally with the Agency Grants Administrator, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Assistant Secretary for Bonds and Grants for the Natural Resources Agency. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee’s position and the remedy sought. Within ten (10) working days of receipt of the written grievance report from the Grantee, the Deputy Assistant Secretary shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Assistant 441
Agreement No. UG2104-0

Secretary’s decision, the Grantee may appeal to the Assistant Secretary for Administration and Finance for the Natural Resources Agency.

2. The Grantee must submit a letter of appeal to the Assistant Secretary explaining why the Deputy Assistant Secretary’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence originally submitted, and response from the Deputy Assistant Secretary. The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Assistant Secretary’s written decision. The Assistant Secretary or designee shall, within twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Assistant Secretary or designee shall be final.

O. Audit Requirements
Projects are subject to audit by the State annually and for three (3) years following the final payment of Grant Funds. The audit shall include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the Project for which the Grant Funds were granted.
442

EXHIBIT A

STATE OF CALIFORNIA NATURAL RESOURCES AGENCY

GRANT AGREEMENT
Urban Greening Grant Program
Senate Bill (SB) 859 and Budget Act of 2021 (Chapter 240, Statutes of 2021) GRANTEE NAME: City of Bishop
PROJECT TITLE: The Bishop Community Garden Expansion and Enhancement Project AGREEMENT NUMBER: UG2104-0
PROJECT LOCATION: 668 N Main Street, Bishop, CA 93514
PROJECT SCOPE:

Project to enhance the Bishop Community Garden with new plots and trees. Paved pathways will provide improved access to several of the new plots. Project will include four demonstration gardens:
a Monarch Garden, Restorative Garden, Access Garden, and Welcome Garden. New infrastructure will be added such as a composting station, shade pergola and new irrigation.

Project elements funded by grant funds include:
• Project administration
• Equipment rentals
• Irrigation
• Install approximately:
o 19 trees*
o 24 shrubs and perennials*
o Soil additives
o 2 cubic feet of mulch
o 2 cubic feet of soil amendment
o 36 bags of potting soil
o 40 square feet of gravel
o 1 12x16 ft pergola
o 1 4x8 ft pergola
o 6 planter boxes
o 1 wood arbor
o 1 metal arbor
o 7 benches
o 1 cast iron butterfly bench
443

o 1 arbor with built in benches
o 1,014 sq ft concrete ADA paths
o 500 lbs of slate stone for garden path
o 6 concrete berms for compost bins
o 77 linear feet path edging material1
• BCG Welcome sign
• 1 funding acknowledgement sign
• Compost tools
The primary access to the Bishop Community Garden and the Bishop Community Demonstration Garden is from the concrete Pine to Park Path which borders the north and east sides of the gardens, and four unlocked gates provide access to the private gardening beds.

PROJECT SCHEDULE:

ACTIVITY DESCRIPTION TIMELINE
(MONTH AND YEAR RANGE)
Preliminary work on the project October 2023-November 2023 Submit CEQA documents to State Complete
Submit final site designs/plans/specs to State* October 2023 Submit evidence of signage August 2025
Mobilization, begin construction and/or other key activities November 2023-Novemner 2024
Plant establishment** March 2024-Ocotber 2025
Hardscaping November 2023-April 2025
Record MOUGA and Submit final payment request and close out documents to State
December 2025
* A plant palette for all plants within the footprint of the project must be submitted with final designs and reflect appropriate species for the site, with consideration given to carbon sequestration, inclusion of native species where feasible, pollinator habitat, and low water, drought tolerant plantings. Trees, regardless of the funding source, may not exceed 15 gallons in initial planting size.

All projects must comply with the Model Water Efficient Landscape Ordinance (MWELO), all Governor Executive Orders, and local water ordinances.
**Plant establishment reimbursed by the grant not to exceed two (2) years.

COST ESTIMATE: See Exhibit A-1
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Exhibit A-1: Cost Estimate
Bishop Community Garden Enhacement and Expansion Project City of Bishop
UG2104-0
Task No PROJECT ELEMENT Total Amount
Urban Greening
Grant In-Kind Funds Grantee Funds
1 Planning Design & Permitting

1.1 Garden Design $1,500.00 $0.00 $1,500.00

1.2 Map Making- Cartographer $300.00 $0.00 $300.00
2 Direct Project Management & Administration

2.1 Administration $6,615.00 $6,615.00

2.2 Grant Writing $6,000.00 $0.00 $6,000.00

2.3 Technical Consultants $200.00 $0.00 $200.00
Subtotal Non-Construction (not to exceed 25% of
grant) $14,615.00 $6,615.00 $8,000.00
3 Site Preparation

3.1 Bermuda Grass Removal $1,000.00 $1,000.00

3.2 Equipment Rental $900.00 $900.00

3.2 Grading & Excavating $600.00 $600.00
4 Greening Elements

4.1 Trees (15-gallon) $1,096.00 $1,096.00

4.2 Plants $4,976.00 $4,976.00

4.3 Soil Additives

4.4 a. Compost $500.00 $500.00

4.5 b. Mulch bags $140.00 $140.00

4.6 c. Mulch donated $375.00 $375.00

4.7 d. Potting soil $324.00 $324.00

4.8 e. Soil Amendment $90.00 $90.00
5 Irrigation

5.1 Installation $33,000.00 $33,000.00

5.2 Equipment $25,277.00 $25,277.00

5.3 Installation of drip lines and timers $1,200.00 $1,200.00 6 Hardscape

6.1 Gravel $59.00 $59.00

6.2 Solarization Plastic $112.00 $112.00

6.3 Pergola- 12x16 $10,700.00 $10,700.00

6.4 Pergola- 4x8 foot $3,500.00 $3,500.00

6.5 Accessible planter box $3,360.00 $3,360.00

6.6 Rock for access planter $110.00 $0.00 $110.00

6.7 Wood Arbor (Access Garden) $1,500.00 $1,500.00

6.8 Metal Arbor (Monarch Garden) $500.00 $500.00

6.9 Benches $7,000.00 $7,000.00

6.1 Cast-iron butterfly bench (Monarch Garden) $550.00 $550.00

6.11 Arbor w/ built in benches (Welcome Garden) $2,500.00 $2,500.00

6.12 Materials for artwork made by BUHS shop $2,500.00 $2,500.00

6.14 Concrete ADA paths $15,636.00 $15,636.00

6.15 Bulk Slate Stone $225.00 $225.00

6.16 Recycled Concrete Berms for Compost Bins $300.00 $300.00

6.17 Path Edging Material (Restorative Garden) $600.00 $600.00 7 Signage

7.3 Sign for Welcome Garden

7.4 a. Materials $1,776.00 $1,776.00

7.5 b. Labor $300.00 $300.00

7.6 BCG Welcome Sign $2,000.00 $2,000.00
8 Tools and Equipment (Compost) $3,157.00 $3,157.00
9 Other

9.1 Funding Acknowlegement Sign $500.00 $500.00
Subtotal Construction $126,363.00 $120,278.00 $3,100.00 $2,985.00 Contingency (not to exceed 10% of grant) $12,027.80 $0.00 PROJECT TOTAL $155,990.80 $138,920.80 $11,100.00 $5,970.00

NON-CONSTRUCTION

CONSTRUCTION
*All invoices and receipts for all project expenditures from all funding sources will be retained and made available in the event of any future State Audit.
**Only direct project management costs are eligible; no overhead/indirect costs are reimbursable. In-service payroll may not include a “billable rate” or administrative cost allocation.

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MEMORANDUM OF UNDERSTANDING BY AND BETWEEN

THE FRIENDS OF THE EASTERN SIERRA GARDENS AND THE CITY OF BISHOP The Memorandum of Understanding (“MOU”) is entered into the ______ day of __________, 2023, by and between the Friends of Eastern Sierra Gardens, an unincorporated nonprofit association (“Friends”) and the City of Bishop (“City”) to cooperatively administer the Urban Greening Grant awarded by the California Natural Resources Agency for the Bishop Community Garden Expansion and Enhancement Project (“Project”). Collectively, all parties to the MOU shall be referred as (”Partners”) or individually as (“Partner”).

I. Recitals
WHEREAS, the City wishes to support the efforts of non-profits and other community partners to secure grant funding for projects benefitting the greater Bishop community, and wishes to encourage community partners to seek and secure independent grant funding to build a more beautiful, verdant, and vibrant community; and
WHEREAS, the Bishop Community Garden benefits the wider Bishop community by exhibiting best garden practices, gardening diversity, and experimentation and by providing individuals an opportunity to produce organically grown vegetables, herbs, and flowers in an environmentally friendly and sustainable way, which also serves to educate and beautify the community; and WHEREAS, the City of Bishop has applied to the California Natural Resources Agency for the Urban Greening Grant for the Bishop Community Garden Expansion and Enhancement project (“Project”) in the amount of $138,920.80 on behalf of the Friends of the Eastern Sierra Gardens; and
WHEREAS, the Bishop Community Garden Expansion and Enhancement Project will expand and enhance of the community garden and improve the City park by increasing areas of gardening demonstration beds, improve water efficiency, provide shaded rest areas, provide increased greening and shading along the Pine to Park Path, increase education potential, and integrate the disadvantaged communities of Bishop; and
WHEREAS, the City of Bishop has limited staff capacity to absorb grant administration to support the Project; and
WHEREAS, a cooperative effort between the Partners is necessary in order to successfully implement the Project.

II. AGREEMENT
The City agrees to the following:
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1. The City will reimburse the Friends of the Eastern Sierra Garden on the last day of the month upon receipt of a monthly invoice and project report from the Friends for expenditures related to the Project.

2. The City will reimburse the Friends of the Eastern Sierra Garden for a total amount not-to-exceed $138,920.80 (contingent on grant award).

The Friends of Eastern Sierra Community Garden agrees to the following:

1. The Friends of Eastern Sierra Community Garden will be responsible for fulfilling the terms and scope of work described by the grant agreement between the California Natural Resources Agency and the City of Bishop for the Bishop Community Garden Expansion and Enhancement Project.

2. The Friends of Eastern Sierra Community Garden will be responsible for submitting to the City of Bishop, monthly, an itemized statement of all work performed, and expenditures related to the Project. This statement will be submitted to the City not later than the fifth (5th) day of the month. The statement to be submitted will cover the period from the first (1st) day of the preceding month through and including the last day of the preceding month. This statement will describe all work completed and provide receipts for all goods and services procured during the statement period.

3. The Friends of Eastern Sierra Community Garden will be responsible for all grant reporting, including but not limited to:
a. Preparing all (monthly/quarterly) invoices and project reports to the California Natural Resources Agency to the satisfaction of the City of Bishop and the California Natural Resources Agency (terms will be contingent on the terms of the grant agreement with CNRA).
b. Any required close-out reports.
c. Any other grant reporting or grant administration tasks required by the agreement with the California Natural Resources Agency to be determined and agreed to by all Parties after the grant is awarded.

4. All correspondence with the California Natural Resources Agency shall include the City of Bishop Community Services Manager.

5. The Friends of Eastern Sierra Community Garden shall provide 30 days-notice to the City of Bishop if it is anticipated a contract amendment for the grant agreement between the California Natural Resources Agency and the City of Bishop is necessary.

6. No work on the Project may begin prior to the grant agreement with the California Natural Resources Agency and the City of Bishop being fully executed, and a noticeto-proceed is provided to the Friends of the Eastern Sierra Community Garden from the City of Bishop.

7. Any contractors procured by the Friends of Eastern Sierra Community Garden are not contractors or employees of the City of Bishop. Projects must comply with any applicable laws pertaining to prevailing wage and labor compliance.

8. 447
Without the prior written consent of the other Partner, no Partner shall have the authority to

1. Do any act in contravention of this MOU.

2. Do any act which would make it impossible for the partners to carry out their businesses.

3. Transfer or assign their rights in the MOU, provided that Partners may assign rights in the MOU to a Single Purpose Entity to be formed by a Partner.

4. Commingle or permit the commingling of Project development funds with the funds of any other person or entity; and

5. Terminate this MOU without reasonable cause.

III. TERM
This MOU takes effect upon the signature of officials from the Partners who are authorized to enter into such agreements and shall remain in effect until completion of the Project. This MOU may be extended or amended upon mutual agreement of all of the Partners.

This MOU may be sooner terminated upon notice of any Partner, if the other Partner fails to perform obligations under this MOU and such failure shall continue for a period of at least thirty (30) days after written notice thereof from the party claiming such default, or such longer period as reasonably necessary to cure such default, provided that the defaulting party is proceeding diligently with such cure.

This MOU will automatically terminate upon completion of the Project unless one of the termination events specified herein occurs first. Prior to Project completion, this MOU may be terminated by any of the Partners by written notice to each of the other parties following the occurrence of any of the following events:

1. The Friends fail to provide monthly invoices and project updates reports as required by this MOU.

2. The Friends fail to meet the fulfill the scope of work and project timeline described in the agreement between the City of Bishop and the California Natural Resources Agency.

IV. AMENDMENT
This MOU may not be amended except in writing signed by all Parties. This MOU shall be binding on all successors and assigns of the Parties.

V. INDEMNIFICATION
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Each Partner agrees to indemnify, defend, and hold harmless the other Partner and its directors, employees, officers, and partners from and against any and all claims, demands, losses, liabilities, actions, lawsuits and other proceedings, judgments and awards, and costs and expenses (including reasonable attorney's fees), arising directly or indirectly, in whole or in part, out of the negligence of the indemnifying party in connection with this MOU or work provided hereunder, except to the extent caused by the gross negligence or willful misconduct of the indemnified party. The provisions of this paragraph shall survive termination of this MOU.

ACCEPTANCE AND APPROVAL
Agreed to by:

PARTNER:
___________________________________________ ________________ Bobbie Stryffeler
Friends of the Eastern Sierra Gardens Date
PARTNER:

By:__________________________________________ ________________ Jim Ellis Date
Mayor, City of Bishop
ATTEST:

By: __________________________________________ ________________ Robin Picken Date
City Clerk
APPROVAL AS TO FORM:

By:__________________________________________ ________________ Dean Pucci Date
City Attorney
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Agenda Item: 16.D
Date of Meeting: October 23, 2023
Department: Administration
To: City Council
From: Nora Gamino
Subject: Cost Share Agreement for Emergency Medical Services Prepared On: October 17, 2023
Attachments: EMS Cost Share Agreement
GMR-Inyo County EMS INTERIM Contract

STAFF REPORT
Background/History:

The County of Inyo (“Inyo”) historically arranged for emergency medical services (“EMS”) for the greater Bishop, CA area through the Inland Counties Emergency Medical Agency (“ICEMA”) joint powers authority exclusive operating area (“EOA”) non-financial agreements with a private provider. In April, 2023, the most recent EOA EMS provider terminated its agreement to provide EMS services. Since the termination of that agreement, Inyo and other local agencies initiated a process to establish a new EOA EMS agreement. While that process is ongoing, Inyo entered into non-EOA EMS agreements with EMS providers in order to ensure continued EMS coverage in the greater Bishop area. The non-EOA EMS agreements since July 2023, to date, have included a subsidy from Inyo to the EMS provider.

The Parties to this Agreement, (County of Inyo, City of Bishop, and Bishop Paiute Tribe) desire for the provision of advanced life support and additional EMS services for the greater Bishop, California area as set forth in the attached draft agreement between Inyo County and Cal-Ore Life Flight LLC (“EMS Provider”), or services substantially equivalent thereto (the “EMS Agreement”). Inyo shall be responsible for paying the EMS Provider under the EMS Agreement and it is the intention of the parties to this separate Agreement to provide for each party’s respective share of the total payment the EMS Provider shall receive under the EMS Agreement.

Analysis/Discussion:

The County of Inyo incurred EMS services costs for the greater Bishop, CA area since July, 2023, and intends to enter into the EMS Agreement, for a maximum cost $345,197, through December 31, 2024. The Parties to this Agreement shall contribute the following maximum amounts:

County of Inyo $191,850
City of Bishop $102,151
450
Bishop Paiute Tribe $51,196
The City and the Tribe shall pay to the County their respective share of costs, on a quarterly basis (January 1, April 1, July 1, October 1) with the first payment being made within 30 days after the County provides written notice to the City and the Tribe that it has entered into the EMS Agreement. Should the cost of EMS Services, including the cost of the EMS Agreement, ultimately be less than the anticipated $345,197, due to a later entry into the EMS Agreement, an early termination of the EMS Agreement, or otherwise, the cost share of each Party to this Agreement shall be reduced proportionately. Should another source of funding contribute to the cost of the EMS Agreement, the share of the Parties shall be reduced accordingly and proportionately.

Economic Impacts:

None
Budget Impacts:

The City’s not-to-exceed amount for this agreement is $102,151 over two fiscal years. This item was not included in the FY 2023/ 2024 budget and will be accounted for in a mid-year budget adjustment.

Legal Review:

City Attorney Pucci has reviewed this item and finds that the recommended action complies with the law.

Recommended Action:

Council to approve the Cost Share Agreement for Emergency Medical Services with Inyo County and the Bishop Paiute Tribe in the not-to-exceed amount of $102,151.

Approved By: Ethan Aukee 10/18/2023
Approved By: Robin Picken 10/19/2023
Approved By:

Approved By: Nora Gamino 10/19/2023
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1 COST SHARE AGREEMENT FOR

EMERGENCY MEDICAL SERVICES CONTRACT
This Cost Share Agreement (“Agreement”) is entered into as of ______, 2023, (“Effective Date”) by and among the County of Inyo (“Inyo”), the City of Bishop (“Bishop”), and the Bishop Paiute Tribe (“Tribe”), for the purpose of allocating costs associated with emergency medical services provided to the greater Bishop, California area. The County, the City, and the Tribe are collectively referred to as the “Parties” for purpose of this Agreement.

RECITALS

1. Inyo historically arranged for emergency medical services (“EMS”) for the greater Bishop, CA area through the Inland Counties Emergency Medical Agency (“ICEMA”) joint powers authority exclusive operating area (“EOA”) non-financial agreements with a private provider.

2. In April, 2023, the most recent EOA EMS provider terminated its agreement to provide EMS services.

3. Since the termination of that agreement, Inyo and other local agencies initiated a process to establish a new EOA EMS agreement.

4. While that process is ongoing, the County entered into non-EOA EMS agreements with EMS providers in order to ensure continued EMS coverage in the greater Bishop area. The non-EOA EMS agreements since July, 2023, to date, have included a subsidy from the County to the EMS provider.

5. The Parties to this Agreement desire for the provision of advanced life support and additional EMS services for the greater Bishop, California area as set forth in the attached draft agreement between Inyo County and Cal-Ore Life Flight LLC (“EMS Provider”), or services substantially equivalent thereto (the “EMS Agreement”).

6. Inyo shall be responsible for paying the EMS Provider under the EMS Agreement and it is the intention of the parties to this separate Agreement to provide for each party’s respective share of the total payment the EMS Provider shall receive under the EMS Agreement.

NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties do hereby agree as follows:

1. Recitals. The above recitals are adopted by the Parties as if fully set forth herein.

2. Shared Costs. The County of Inyo incurred EMS services costs for the greater Bishop, CA area since July, 2023, and intends to enter into the EMS Agreement, for a maximum cost of three hundred forty-five thousand one hundred ninety-seven dollars ($345,197), through December 31, 2024.
452
2 a. County of Inyo. The County shall contribute a maximum of one hundred ninety-one thousand, eight hundred and fifty dollars ($191,850) to EMS services from July, 2023 through December 31, 2024, including the cost of the EMS Agreement. b. City of Bishop. The City shall contribute a maximum of one hundred two thousand, one hundred and fifty-one dollars ($102,151) to the EMS Agreement. c. Bishop Paiute Tribe. The Tribe shall contribute a maximum of fifty-one thousand, one hundred and ninety-six dollars ($51,196) to the costs of the EMS Agreement.

3. Payment of Funds.
a. The City and the Tribe shall pay to the County their respective share of costs, on a quarterly basis (January 1, April 1, July 1, October 1) with the first payment being made within 30 days after the County provides written notice to the City and the Tribe that it has entered into the EMS Agreement. Such payment shall be made to:

Inyo County
PO Drawer N
Independence, CA 93526
Attn: Denelle Carrington
b. Should the cost of EMS Services, including the cost of the EMS Agreement, ultimately be less than the anticipated $345,197, due to a later entry into the EMS Agreement, an early termination of the EMS Agreement, or otherwise, the cost share of each Party to this Agreement shall be reduced proportionately.
c. Should another source of funding contribute to the cost of the EMS Agreement, the share of the Parties shall be reduced accordingly and proportionately.

4. Status of Parties. All acts of the parties to this agreement, their agents, officers, and employees, relating to the performance of this Agreement, shall be performed as independent contractors, and not as agents, officers, or employees of any other party. Each party to this Agreement, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of any other party to the agreement.

5. Hold Harmless. Each party to this Agreement shall hold each other harmless, defend and indemnify all other parties to the Agreement and their officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with said party’s performance of work hereunder to the extent such loss or damages which was caused by the negligence or willful misconduct of the party.

6. Amendment. This Agreement may be modified, amended, changed, added to, or subtracted from, by the mutual consent of the parties hereto, if such amendment or change is in written form and executed with the same formalities as this Agreement, and attached to the original Agreement to maintain continuity.

7. Notice. Any notice, communication, amendments, additions, or deletions to this Agreement, including change of address of either party during the terms of this Agreement, which Contractor 453
3 or County shall be required, or may desire, to make, shall be in writing and may be personally served, or sent by prepaid first class mail to, the respective parties as follows:
a. County of Inyo:

County Administrator
PO Drawer N
Independence, CA 93526
(760) 878-0292
b. City of Bishop:

City Administrator
377 West Line Street
Bishop, CA 93514
(760) 873-5863
c. Bishop Paiute Tribe:

Chief Executive Officer
50 Tu Su Lane
Bishop, CA 93514
(760) 873-3584

8. Entire Agreement. This Agreement contains the entire agreement of the parties, and no representations, inducements, promises, or agreements otherwise between the parties not embodied herein or incorporated herein by reference, shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged, or terminated, unless the same be in writing executed by the parties hereto.
[SIGNATURES ON FOLLOWING PAGE]
454
4 IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS _______ DAY OF _______________________________, _________.

COUNTY OF INYO
By:__________________________________

_____________________________________
Type or Print Name

CITY OF BISHOP
By:__________________________________

_____________________________________
Type or Print Name

BISHOP PAIUTE TRIBE
By:__________________________________

_____________________________________
Type or Print Name
455
County of Inyo Standard Contract - No. 135 (Emergency Medical Services – Non-Exclusive Operating Areas)
03/2023

AGREEMENT BETWEEN COUNTY OF INYO

AND CAL-ORE LIFE FLIGHT LLC FOR THE PROVISION OF EMERGENCY

MEDICALSERVICES

INTRODUCTION
WHEREAS, the County of Inyo (hereinafter referred to as "County") has the need for the Emergency Medical services of Cal-Ore Life Flight LLC (hereinafter referred to as "Contractor"), and in consideration of the mutual promises, covenants, terms, and conditions hereinafter contained, the parties hereby agree as follows:

TERMS AND CONDITIONS

1. SCOPE OF WORK.

The Contractor shall furnish within County emergency medical services as detailed in Attachment A, attached hereto and by reference incorporated herein.

Services and work provided by the Contractor under this Agreement will be performed in a manner consistent with the requirements and standards established by applicable federal, state, and County laws, ordinances, regulations, and resolutions. Such laws, ordinances, regulations, and resolutions include, but are not limited to, those applicable provisions of the Health and Safety Code.

2. TERM.

The term of this Agreement shall be for the period, beginning October 23, 2023, and ending December 31, 2024, or upon the award of an Exclusive Operating Area Agreement to an EMS provider for part or all of the operating area subject to this Agreement described in Attachment A. If an Exclusive Operating Area Agreement is not entered into by December 31, 2024 by or on behalf of the County and an ambulance provider, this Agreement shall be automatically renewed for additional thirty (30) day periods subject to either party providing notice of non-renewal to the other party no less than thirty (30) days prior to the applicable renewal date.

At any time during the term of this Agreement, in the event of a significant change or potential significant change beyond the parties’ control that will affect the costs, revenue or delivery of services, a party may send written notice to the other party to meet and confer on the impact of the change and discuss proposed amendments including, but not limited to a rate adjustment, a subsidy, operational changes or other changes. If the parties cannot negotiate a mutually acceptable resolution to the requested change within thirty (30) days, either party may terminate this Agreement with ninety (90) days’ written notice to the other.

3. CONSIDERATION AND RATES.

In consideration for entering into this Agreement, Contractor shall be permitted to provide emergency medical services on a non-exclusive basis within the area described in Attachment A. Except as otherwise provided for in Attachment B, Contractor shall not be entitled to, nor receive, from County, any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement.

The County finds that regulating ambulance service rates is necessary to ensure availability, sustainability and adequacy of ambulance services in the Agency. The rates are set forth by the County and are hereby established by the County exercising sound legislative judgment and shall be the only allowable ambulance service fees to be charged and collected in the Agency for both private and public ambulances.

Contractor shall comply with the rate requirements set forth by the County. Further, Contractor shall not discount its rates or collect a rate less than the rates set forth in herein (except where required by law, e.g., Medicare or Medicaid, or where a patient meets Contractor’s compassionate care policy).

4. REQUIRED LICENSES, CERTIFICATES, AND PERMITS.
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County of Inyo Standard Contract - No. 135 (Emergency Medical Services – Non-Exclusive Operating Areas)
03/2023
A. Any licenses, certificates, or permits required by the federal, state, county, or municipal governments for contractor to provide the services and work described in Attachment A must be procuredby Contractor and be valid at the time Contractor enters into this Agreement or as otherwise may be required.

Further, during the term of this Agreement, Contractor must maintain such licenses, certificates, and permits in full force and effect. Licenses, certificates, and permits may include, but are not limited to, authorization to operate from the Inland Counties Emergency Medical Agency, driver's licenses, professional licenses or certificates, and business licenses. Such licenses, certificates, and permits will be procured and maintained in force by Contractor at no expense to the County. Contractor will provide County, upon execution of this Agreement, with evidence of current and valid licenses, certificates and permits which are required to perform the services identified in Attachment A. Where there is a dispute between Contractor and County as to what licenses, certificates, and permits are required to perform the services identified in Attachment A, County reserves the right to make such determinations for purposes of this Agreement.

B. Contractor warrants that it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in covered transactions by any federal department or agency. Contractor also warrants that it is not suspended or debarred from receiving federal funds as listed in the List of Parties Excluded from Federal Procurement or Non- procurement Programs issued by the General Services Administration available at:http://www.sam.gov.

5. OFFICE SPACE, SUPPLIES, EQUIPMENT, ETC.

Contractor shall provide such office space, supplies, equipment, vehicles, reference materials, and telephone service as is necessary for Contractor to provide the services identified in Attachment A to this Agreement. Unless expressly provided for in the Schedule of Fees (Attachment B), County is not obligated to reimburse or pay Contractor for any expense or cost incurred by Contractor in procuring or maintaining such items. Unless expressly provided for in the Schedule of Fees (Attachment B), responsibility for the costs and expenses incurred by Contractor in providing and maintaining such items is the sole responsibility and obligation of Contractor. Any supplies, equipment, vehicles, materials, etc. paid for by County under this Agreement are the personal property ofCounty.

6. COUNTY PROPERTY.

A. Personal Property of County. Any personal property such as, but not limited to, protective or safety devices, badges, identification cards, keys, etc. provided to Contractor by County pursuant to this Agreement are, and at the termination of this Agreement remain, the sole and exclusive property of County.

Contractor will use reasonable care to protect, safeguard and maintain such items while they are in Contractor's possession. Contractor will be financially responsible for any loss or damage to such items, partial or total, which is the result of Contractor'snegligence. 7 INSURANCE.

For the duration of this Agreement Contractor shall procure and maintain insurance of the scope and amount specified in Attachment C and with the provisions specified in that attachment.

8. STATUS OF CONTRACTOR.

All acts of Contractor, its agents, officers, employees, and volunteers, relating to the performance of this Agreement, shall be performed as independent contractors, and not as agents, officers, or employees of County. Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of County. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the County. No agent, officer, or employee of the Contractor is to be considered an employee of County. It is understood by both Contractor and County that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

As an independent contractor:

A. Contractor shall determine the method, details, and means of performing the work and services to be provided by Contractor under thisAgreement.

B. Contractor shall be responsible to County only for the requirements and results specified in this Agreement, and except as expressly provided in this Agreement, shall not be subjected to County's control 457
County of Inyo Standard Contract - No. 135 (Emergency Medical Services – Non-Exclusive Operating Areas)
03/2023
with respect to the physical action or activities of Contractor in fulfillment of this Agreement.

C. Contractor, its agents, officers, employees, and volunteers are, and at all times during the term of this Agreement shall, represent and conduct themselves as independent contractors, and not as employees of County.

9. DEFENSE AND INDEMNIFICATION.

Contractor shall defend, indemnify, and hold harmless County, its agents, officers and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney's fees, arising out of, resulting from, or in connection with, the performance of this Agreement by Contractor, or Contractor's agents, officers, employees, or volunteers. Contractor's obligation to defend, indemnify, and hold the County, its agents, officers and employees harmless applies to any actual or alleged personal injury, death, or damage or destruction to tangible or intangible property, including the loss of use. Contractor's obligation under this paragraph extends to any claim, damage, loss, liability, expense, or other costs which is caused in whole or in part by any act or omission of the Contractor, its agents, employees, volunteers, supplier, or any one directly or indirectly employed by any of them, or anyone for whose acts or omissions any ofthem may be liable.

Contractor's obligation to defend, indemnify, and hold the County, its agents, officers and employees harmless under the provisions of this paragraph is not limited to, or restricted by, any requirement in this Agreement for Contractor to procure and maintain a policy of insurance.

To the extent permitted by law, County shall defend, indemnify, and hold harmless Contractor, its agents, officers and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs, including litigation costs and attorney's fees, arising out of, or resulting from, the active negligence, or wrongful acts of County, its officers, oremployees.

10. RECORDS AND AUDIT.

A. Records. Contractor shall prepare and maintain all records required by the various provisions of this Agreement, federal, state, and municipal law, ordinances, regulations, and directions. Contractor shall maintain these records for a minimum of four (4) years from the termination or completion of this Agreement.

Contractor may fulfill its obligation to maintain records as required by this paragraph by substitute photographs, microphotographs, or other authentic reproduction of suchrecords.

B. Inspections and Audits. Any authorized representative of County shall have access to any books, documents, papers, records, including, but not limited to, financial records of Contractor, which County determines to be pertinent to this Agreement, for the purposes of making audit, evaluation, examination, excerpts, and transcripts during the period such records are to be maintained by Contractor. Further, County has the right, at all reasonable times, to audit, inspect, or otherwise evaluate the work performed or being performed under thisAgreement.

11. NONDISCRIMINATION.

During the performance of this Agreement, Contractor, its agents, officers, employees and volunteers shall not unlawfully discriminate in violation of any federal, state, or local law, against any employee, or applicant for employment, or person receiving services under this Agreement, because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age, or sex. Contractor and its agents, officers, employees, and volunteers shall comply with the provisions of the Fair Employment and Housing Act (Government Code section 12900, et seq.), and the applicable regulations promulgated thereunder in the California Code of Regulations. Contractor shall also abide by the Federal Civil Rights Act of 1964 (P.L. 88-352) and all amendments thereto, and all administrative rules and regulations issued pursuant to said act.

12. ASSIGNMENT.

This is an agreement for the services of Contractor. County has relied upon the skills, knowledge, experience, and training of Contractor as an inducement to enter into this Agreement. Contractor shall not assign or subcontract this Agreement, or any part of it, without the express written consent of County. Further, 458
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Contractor shall not assign any monies due or to become due under this Agreement without the prior written consent of County.

13. DEFAULT.

If the Contractor abandons the work, or fails to proceed with the work and services requested by County in a timely manner, or fails in any way as required to conduct the work and services as required by County, County may declare the Contractor in default and terminate this Agreement upon five (5) days written notice to Contractor.

14. WAIVER OF DEFAULT.

Waiver of any default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver of any breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided in paragraph twenty (20) (Amendment).

15. CONFIDENTIALITY.

Contractor further agrees to comply with the various provisions of the federal, state, and county laws, regulations, and ordinances providing that information and records kept, maintained, or accessible by Contractor in the course of providing services and work under this Agreement, shall be privileged, restricted, or confidential. Contractor agrees to keep confidential all such information and records. Disclosure of such confidential, privileged, or protected information shall be made by Contractor only with the express written consent of the County. Any disclosure of confidential information by Contractor without the County’s written consent is solely and exclusively the legal responsibility of Contractor in all respects.

Notwithstanding anything in the Agreement to the contrary, names of persons receiving public social services are confidential and are to be protected from unauthorized disclosure in accordance with Title 45, Code of Federal Regulations Section 205.50, the Health Insurance Portability and Accountability Act of 1996, and Sections 10850 and 14100.2 of the Welfare and Institutions Code, and regulations adopted pursuant thereto. For the purpose of this Agreement, all information, records, and data elements pertaining to beneficiaries shall be protected by the provider from unauthorized disclosure.

16. CONFLICTS.

Contractor agrees that it has no interest, and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the work and services under this Agreement.

17. POST AGREEMENT COVENANT.

Contractor agrees not to use any confidential, protected, or privileged information which is gained from the County in the course of providing services and work under this Agreement, for any personal benefit, gain, or enhancement. Further, Contractor agrees for a period of two years after the termination of this Agreement, not to seek or accept any employment with any entity, association, corporation, or person who, during the term of this Agreement, has had an adverse or conflicting interest with the County, or who has been an adverse party in litigation with the County, and concerning such, Contractor by virtue of this Agreement has gained access to the County's confidential, privileged, protected, or proprietary information.

18. SEVERABILITY.

If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction, or if it is found in contravention of any federal, state, or county statute, ordinance, or regulation, the remaining provisions of this Agreement, or the application thereof, shall not be invalidated thereby, and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

19. RESERVED.
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20. AMENDMENT.

This Agreement may be modified, amended, changed, added to, or subtracted from, by the mutual consent of the parties hereto, if such amendment or change is in written form and executed with the same formalities as this Agreement, and attached to the original Agreement to maintain continuity.

21. NOTICE.

Any notice, communication, amendments, additions, or deletions to this Agreement, including change of address of either party during the terms of this Agreement, which Contractor or County shall be required, or may desire, to make, shall be in writing and may be personally served, or sent by prepaid first class mail to, the respective parties as follows:

County of Inyo:

Attention CAO
1360 N. Main Street Suite 201
Box ___,
Independence, California,
Contractor:

Attention Regional Director
Cal0ORE Life Flight LLC
770 Airport Road
Bishop, California, 93514

22. ENTIRE AGREEMENT.

This Agreement contains the entire agreement of the parties, and no representations, inducements, promises, or agreements otherwise between the parties not embodied herein or incorporated herein by reference, shall be of any force or effect. Further, no term or provision hereof may be changed, waived, discharged, or terminated, unless the same be in writing executed by the parties hereto. //// ////
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AGREEMENT BETWEEN COUNTY OF INYO

AND CAL-ORE LIFE FLIGHT LLC
FOR THE PROVISION Emergency Medical Services - 9-1-1 Ambulance Service SERVICES

IN WITNESS THEREOF, THE PARTIES HERETO HAVE SET THEIR HANDS AND SEALS THIS DAY OF , .

COUNTY OF INYO CONTRACTOR
By:

Signature
Print or Type Name
By: Signature
Sean Russell, Region President _
Print or Type Name
Dated:

APPROVED AS TO FORM ANDLEGALITY:

Dated:

County Counsel
APPROVED AS TO ACCOUNTING FORM:

County Auditor
APPROVED AS TO INSURANCE REQUIREMENTS:

County Risk Manager
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ATTACHMENT A

AGREEMENT BETWEEN COUNTY OF INYO

AND CAL-ORE LIFE FLIGHT LLC
FOR THE PROVISION Emergency Medical Services - 9-1-1 Ambulance Service TERM:

SERVICES
FROM: July 24, 2023 TO: August 22, 2023
SCOPE OF WORK:

Description of Non-Exclusive Operating Area: The operating area is defined as the City of Bishop and surrounding area, which includes the area North of Bishop to the Mono County line on Highway 395, South of Bishop to Keough's Road on Highway 395, East of Bishop to the Mono County line on Highway 6 and to the end of roads West of Bishop. See Exhibit 1 Provide emergency medical and transport services in the non-exclusive operating area, as set forth in the California Health and Safety Code Division 2.5, and as required by the Inland Counties Emergency Medical Agency (ICEMA). Services and requirements shall include:
1) PROVIDER shall respond to all 9-1-1 emergency response requests with, at minimum, one (1) Advanced Life Support (“ALS”) Ambulance staffed with one (1) paramedic and one (1) EMT. 2) PROVIDER shall provide one (1) Basic Life Support (“BLS”) Ambulance staffed with one EMT for airport transfers.
3) Provider shall endeavor to provide one (1) additional EMT or Paramedic available for emergency call out in a Quick Response Vehicle (QRV) if staff are available. 4) Endeavor to provide one (1) non-dedicated, as available, BLS ambulance as back-up and surge response for 9-1-1 emergency response requests.
5) Hire appropriate ALS and BLS personnel on a temporary basis to augment existing staffing for deployment.
6) Provide Medical Direction and CQI Quality Oversight. 7) PROVIDER shall endeavor to provide standby special event services upon request, so long as there will be no resulting disruption to PROVIDER's ability to respond to 9-1-1 emergency responserequests as otherwise set forth herein;
8) PROVIDER shall ensure equipment standards are maintained at a level required by ICEMA during the duration of this Agreement;
9) PROVIDER shall ensure all employees or agents functioning as paramedics or EMTs are certified, accredited and licensed by both the state EMS Authority and the ICEMA standards, and work within the scope of their certification;
10) PROVIDER may enter into a mutual aid agreement with other area emergency response agencies to assist in coverage of 9-1-1 emergency calls to ensure response coverage; 11) PROVIDER shall document calls electronically using ICEMA electronic health record or an approved alternative platform and record, at a minimum, 9-1-1 responses, level of patient care provided, whether the response resulted in an ambulance transport, time of response and other data as required by ICEMA;
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12) PROVIDER shall participate in the Inyo County Emergency Medical Care Committee (EMCC) by designating a representative to serve on thecommittee;
13) PROVIDER shall immediately notify County of any failure to respond within the scope of work; 14) PROVIDER shall remit run data to County’s tracking system on at least a weekly basis. 463
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ATTACHMENT B

AGREEMENT BETWEEN COUNTY OF INYO

AND CAL-ORE LIFE FLIGHT LLC
FOR THE PROVISION EMERGENCY MEDICAL SERVICES - 9-1-1 AMBULANCE SERVICE TERM:

FROM: October 23, 2023 TO: December 31, 2024
SCHEDULE OF FEES:

Availability Fee. In addition to the right of Contractor to bill and collect fee for service from third-parties and patients, as additional consideration for Contractor’s Services, COUNTY shall pay an availability fee to PROVIDER, in the amount of twenty-one thousand one hundred sixty nine dollars ($21,169) per month. If this Agreement is terminated early for any reason, service fees may be billed and paid on a pro rata basis, e.g., Agreement is terminated 15 days into a 30 day period, the pre-paid availability fee would be refunded 50% or $12,500. Through December 31, 2024, the Contractor represents that it will not request any increase to the Availability Fee that is forty percent (40%) higher the current Availability Fee. 464
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ATTACHMENT C

AGREEMENT BETWEEN COUNTY OF INYO

AND CAL-ORE LIFE FLIGHT LLC FOR THE

PROVISION OF EMERGENCY MEDICAL
SERVICES - 9-1-1 AMBULANCE SERVICES
FROM: October 23, 2023 TO: December 31, 2024

SEE ATTACHED INSURANCE PROVISIONS
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County of Inyo Standard Contract - No. 135 (Emergency Medical Services – Non-Exclusive Operating Areas) Attachment C: 2023 Insurance Requirements for Professional Services - Ambulance Services
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
a. Comprehensive General Liability insurance written on occurrence form, including completed operations coverage, personal injury liability coverage, broad form property damage liability coverage, insuring the agreements contained herein. The minimum, limits of liability carried on such insurance shall be three million dollars ($3,000,000.00) each occurrence and, where applicable, in the aggregate combined single limit for bodily injury, Property damage liability and personal injury (wrongful acts). b. Professional Liability or Malpractice Insurance with limits not less than one million dollars ($1,000,000.00).
c. Automobile Liability Insurance for owned, non-owned and hired vehicles. The minimum limit of liability carried on such insurance shall be three million dollars ($3,000,000.00) each accident, combined single limit for bodily injury and property damage.
d. Workers’ Compensation insurance in accordance with coverages and in amounts as required by California laws.
e. Any and all deductibles on the above described insurance policies shall be assumed by and be for the account of, and at the sole risk of Contractor.
f. Insurance companies utilized must be admitted to do business in California or be on the California Insurance Commissioner's list of approved non-admitted companies and shall have a rating of (A) or better in the current edition of Best's Key Rating Guide.
g. Contractor shall endeavor to furnish certificate(s) of the above mentioned insurance to the County within fourteen (14) days from the date of this agreement and, with respect to the renewals of current insurance policies, within 10 days of insurance renewal date. Such certificates shall, with respect to comprehensive general liability, auto liability insurance, name the County as an additional insured. h. The purchase of the insurance required or the furnishing of the aforesaid certificate shall not be a satisfaction of Contractor’s liability hereunder or in any way modify the Contractor's indemnification responsibilities to the County.
i. It shall be the responsibility of Contractor to ensure that all subcontractors comply with the same insurance requirements that he is required to meet.
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