CON - ______
Grant Agreement
(Grant for City of Rialto Contracting with Third Party Contractor)
Parties: Sonoran Institute (“SI”) and City of Rialto (the “City”)
Project: Multi-Benefit Landscape Templates for Medians
Contractor: To be determined by the City (the “Contractor”)
Services: Establish landscape templates for medians that achieves City of Rialto’s multiple priorities.
Grant Amount: not to exceed $10,000
Grant Date: March 14, 2024
Project Completion Date: March 31, 2025
This Grant Agreement (the “Agreement”) describes the terms under which SI will provide a grant to the City (the “Grant”) for technical assistance for the Project, which funds the City will use to retain the Contractor to provide the Services to the City.
Background: Water will be one the most critical issues facing our communities, economies, and environment in the next decade as we adjust to less and more variable precipitation. SI supports communities seeking to integrate these water challenges into their land use plans and regulations.
Through Growing Water Smart, a joint program of SI and the Lincoln Institute’s Babbitt Center for Land and Water Policy, communities have brought together planners, water providers, elected officials, and interested citizens to develop strategies to reduce water demand and address water challenges. Participating communities, such as the
City, will implement strategies and make
meaningful changes in the way their communities develop in the new water reality.
City applied to SI, and SI awarded the City, the Grant, up to the Grant Amount, for the Project. The City has made a legislative decision to engage in the Project, and will use the Grant funds to retain Contractor to provide the Services to the City.
Project Scope: The City will retain Contractor to perform the Services for the City, to be completed by the Project Completion Date. The scope of work included in the Services, and the deliverables by the Contractor, are described on the attached Exhibit A.
Obligations of City : In addition to its obligations under its contract with the Contractor, the City also shall provide staff resources and information as reasonably requested by Contractor in a timely manner. As a condition of receiving the Grant funds, the City also shall provide SI with the reports and deliverables listed on Exhibit B.
General Conditions:
1. Amendments: Changes to this Agreement (such as changes to Project scope or Contractor Tasks and Deliverables) may be made only upon agreement of both Parties.
2. No Warranty: SI does not warrant the work of Contractor, which is provided to City by Contractor without representation or warranty by SI. City will look solely to Contractor in any
dispute over the quality or sufficiency of the Contractor’s Services, or whether Contractor has complied with the terms of Contractor’s contract with City.
3. Financial Obligations: This Agreement does not create a multiple fiscal year direct or indirect debt or other financial obligation. Any financial obligations of the City are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations.
4. Notices: The contact person and information for each party are listed in the signature blocks.
This Agreement may be executed electronically, and notices also may be sent electronically.
5. Publicity: City agrees that SI may include information about this Grant, including City’s name, in its periodic public reports and may make such information available on SI’s website and as part of press releases, public reports, speeches, newsletter, tax returns, and other public disclosures.
City will obtain SI’s prior approval for any media release or other public announcement regarding this Grant or otherwise making any public use of SI’s name or logo, other than as required by law (e.g., public records and Open Meeting laws).
6. Termination: SI may modify, suspend, or discontinue the Grant or terminate this Agreement if: (a) necessary to protect the SI’s purposes and tax-exempt status; (b) SI is not reasonably satisfied with City’s progress toward the Project goals; or (c) City fails to comply with this Agreement.
7. Waiver: City acknowledges that SI has no obligation to indemnify the City from any claim or lawsuit arising out of the Project or the City’s use of the Grant to obtain the Services. City also waives any claim it might have against SI arising out of the Project or the City’s use of the Grant to obtain the Services.
8. No Pledge: This Agreement is not a pledge or commitment by SI to make any additional grants to City, for the Project, or for any other project or purpose.
SONORAN INSTITUTE:
___________________________________
Signature Date
____________________________________
Name
____________________________________
Title
Contact information:
Sonoran Institute
100 N. Stone Ave., Suite 1001
Tucson, AZ 85701
(520) 290-0828 ext. 1004
Email: [email protected]
Submit invoices to: Attn: Accounts Payable
All other inquiries to: Attn: Contract Manager
Include the Contract Number on all invoices and
communications.
CITY OF RIALTO:
__________________________________
Signature Date
__________________________________
Name
___________________________________
Title
Contact information:
__________________________________
__________________________________
__________________________________
[If needed]
Attest: ____________________________
Title: _____________________________
Approved as to form:
Name: ____________________________
Title: _____________________________
Date: _____________________________
Exhibit A
Contractor Tasks and Deliverables
Tasks:
• Conduct meetings with key individuals in City Departments including Engineering and Community Development to understand current landscaping practices for medians. • Conduct background research on regulations and standards that impact median design, including the Water Efficient Landscape Ordinance (WELO), state statutes, and other relevant standards.
• With guidance from the City’s Growing Water Smart Working Group, define the principles and priorities for landscape treatment in medians, including water conservation, tree canopy, carbon sequestration, stormwater capture, aesthetics, and others. • Design a set of landscape templates for medians that meet the City’s principles, priorities, and regulations.
Deliverables:
• List of City priorities for medians.
• Background research summary on WELO, state statutes, and relevant standards. • Set of landscape templates for medians.
Exhibit B
City Deliverables
Progress Reports: The City shall submit Project Progress Reports to SI quarterly during the Project Term. These reports are due within five business days after the end of the quarter (July 5, 2024, October 7, 2024, January 7, 2025. Each report, delivered by email to [email protected], shall describe the status of all Project tasks and deliverables.
Summary Report: The City shall submit a Summary Report to SI promptly after completion of the Project, or within 30 days of the Project Completion Date, whichever first occurs. The Summary Report shall describe the Project’s major accomplishments, challenges, actions taken to overcome challenges, usefulness of the Contractor’s services, additional funding leveraged to support the product, water savings calculations (if applicable), and next steps and implementation schedules by the City. A t emplate will be provided by SI. An invoice requesting reimbursement for costs incurred up to the grant maximum should be sent with the summary report.
Other Deliverable(s):
• A copy of consultant’s project deliverables in Exhibit A.
• 1-2 page written case study of the project that includes an overview of the project, outcomes, photos, and lessons learned that may benefit other Growing Water Smart communities.
• Please notify SI staff of any public meetings associated with the Technical Assistance project.
• City staff involved in this project may be asked by SI to present the results of the Technical Assistance project through a venue such as online webinar or in-person meeting.