Loading...
HomeMy WebLinkAbout2002-40 - Castaways Park Revegetation PlanRESOLUTION NO. 2002 -40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AN AGREEMENT WITH THE CALIFORNIA COASTAL CONSERVANCY FOR THE CASTAWAYS PARK REVEGETATION PLAN WHEREAS, the City maintains Castaways Park, dedicated in 1998 as a 17 acre natural park; WHEREAS, the City Council wishes to revegetate said Park to enhance its natural habitat and complement Upper Newport Bay; WHEREAS, the California Coastal Conservancy is willing to give grant funds to the City in the amount of $99,600.00, to revegetate said Park provided the City Council adopt a resolution authorizing the City Manager to execute an agreement with the California Coastal Conservancy approving the terms and conditions of the agreement with respect to the grant funds; NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: That the City Manager of the City of Newport Beach is hereby authorized and directed to accept all grant funds and to execute, implement, amend and administer all documents, including an agreement with the California Coastal Conservancy for the revegetation of Castaways Park in the grant amount of $99,600.00. A draft copy of the grant agreement is attached hereto as Exhibit "A ". -1- Section 2: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. I hereby certify that the foregoing resolutions was adopted by the City Council of the City of Newport Beach at its meeting on June 11 , 2002, by the following vote: AYES, COUNCIL MEMBERS Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway NOES, COUNCIL MEMBERS ABSTAINED, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS OVA•ys- ATTEST: 0��ItmLt- �.l✓ad&o City Clerk -2- 1,VPLEMENTATION OF PLAN: NIODEL GRANT AGREEMENT 9101 Grantee's full, legal name: Address: WsTeT ► e Name of Contact: Title of Contact: Taxpayer ID Number SCOPE OF AGREEMENT City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 -8915 (949) 644 -3055 David E. Niederhaus General Services Director 95- 6000751 Exhibit A Pursuant to Chapter 6 of Division 21 of the Public Resources Code, the State Coastal Conservancy ( "the Conservancy ") hereby grants to City of Newport Beach ( "the grantee ") a sum not to exceed ninety-nine thousand six hundred dollars ($ 99,600), subject to the terms and conditions of this agreement. These funds shall be used by the grantee to implement portions of the Castaways Park Revegetation Plan, adopted by the Conservancy on May 23, 2002, by completing the following project ( "the project ") in Castaways Park located in the City of Newport Beach in Orange County as shown on Exhibit A, which is incorporated by reference and attached. The grantee shall revegetate the 17 -acre Castaways Park with native plant communities including coastal sage scrub, coastal bluff, coastal canyon, and grasslands, create designated trails, and install interpretive signs and displays. The grantee shall ensure that a qualified restoration ecologist or plant contractor monitor and maintain the establishment of the revegetation for three years after plant installation is completed. Exhibit A IMIPLEMENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 The grantee shall carry out the project in accordance with this agreement and the work program to be approved by the Executive Officer of the Conservancy (the "Executive Officer ") pursuant to this agreement. The grantee shall provide seventy five thousand dollars ($75,000) [note: proposed in budget request under review by city] and any funds beyond those granted under this agreement which are needed to complete the prof ect. In addition to routine park maintenance both during and after installation of the native plant communities, after the first three years of establishment maintenance, the grantee shall be responsible for maintenance of the native plant communities. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT The grantee shall not commence the project and the Conservancy shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: 1. A resolution has been adopted by the City Council of the grantee authorizing the execution of this agreement and approving its terms and conditions. 2. The Executive Officer has approved in writing: Exhibit A IMPLEMENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 a. The work program for the project. b. The plans for the erection of signs and placards as provided in the "SIGNS" section of this agreement. c. All contractors that the grantee intends to hire in connection with the project. The grantee must provide written evidence to the Conservancy that each such contractor has complied with the bonding requirements described in the "BONDING" section of this agreement. 3. Written evidence has been provided to the Conservancy: a. That all permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained. b. That the City of Newport Beach has determined that the Castaways Park Revegetation Plan is consistent with the Local Coastal Program for the City of Newport Beach. Exhibit A 111PLEiVIENTATION OF PLAN: MODEL GRANT AGREEILIENT 9101 c. That the grantee has provided for liability insurance and an additional - insured endorsement, or is self - insured, as described in the "LIABILITY" section of this agreement. 4. Evidence that the grantee has obtained the additional funding required to complete the entire project. TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the offices of the Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink. This agreement shall run from its effective date through June 30, 2022 (the "termination date ") unless otherwise terminated or amended as provided by the agreement. However, all work shall be completed by March 31, 2004( "the completion date ") AUTHORIZATION El Exhibit A IMPLEtb1ENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 The signature of the Executive Officer of the Conservancy on this agreement certifies that at its May 23, 2002 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit B. This agreement is executed pursuant to that authorization. 1AIPLEMENTAT /ON OF PLAN. MODEL GRANT AGREEMENT 9101 Standard Provisions WORK PROGRAM Exhibit A Prior to beginning construction, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with this agreement. The work program shall include: 1. A detailed description of the project components 2. A schedule of completion for the project specifically listing the completion date for each project component and a final project completion date. 3. A detailed project budget. The project budget shall describe all labor and materials costs to be incurred to complete each component of the project. For each project component, the project budget shall list all intended funding sources, including the Conservancy's grant, the grantee's required contribution, and all other sources of monies, materials, or labor. The grantee also shall review the plans on site with Conservancy staff. If any construction to be funded under this agreement will be performed by third parties ( "contractors ") under contract with the grantee, prior to initiating any request for M Exhibit A IMPLEMENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 contractor bids, the grantee shall submit for review and written approval of the Executive Officer the bid package, including any applicable plans and specifications which have been certified or approved as described above. Upon approval by the Executive Officer, the grantee shall proceed with the bidding process. Prior to final selection, the grantee shall submit to the Executive Officer for written approval the names of all contractors that the grantee intends to hire. The grantee shall comply with the above paragraph regarding submission and approval of a work program prior to implementation. The work program shall have the same force and effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall carry out the project in accordance with the approved work program. BONDING fAND LIEN RELEASE] If the grantee intends to use any contractor(s) on any portion of the project to be funded under this agreement, construction shall not begin until each such contractor has furnished a performance bond in favor of the Conservancy and the grantee, in the 7 Exhibit A LWLEMENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 following amounts: for faithful performance, one hundred percent (100 %) of the contract value; and for labor and materials, one hundred percent (100 %) of the contract value. This requirement shall not apply to any contract for less than $20,000. SIGNS The grantee shall erect signs visible from the nearest public roadway directing the public to the project. In addition, the grantee shall erect signs acknowledging Conservancy assistance and displaying the Conservancy logo, unless the grantee incorporates this acknowledgement into other signage in a manner approved by the Executive Officer. The Conservancy shall provide specifications for the Conservancy signs and logo to the grantee for this purpose. Plans describing the number, design, placement, and wording of the signs shall be submitted to the Conservancy for review and written approval prior to the installation of the signs. Final reimbursement may be withheld by the Conservancy pending placement of the signs in the manner approved by the Conservancy. COSTS AND DISBURSEMENTS Exhibit A IMPLEMENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, the Conservancy agrees to disburse to the grantee, in accordance with the approved project budget, a total amount not to exceed the amount of this grant as follows: Disbursements shall be made on the basis of costs incurred to date, less ten percent, upon the grantee's satisfactory progress in accordance with the approved work program and upon submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent withheld shall be made upon the grantee's satisfactory completion of project implementation, compliance with the "PROJECT COMPLETION" section of this agreement, submission of a fully executed final "Request for Disbursement" form and upon the Conservancy's acceptance of the project. The grantee shall request disbursements by filing with the Conservancy fully executed "Request for Disbursement" forms (available from the Conservancy). The grantee shall include in the forms its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description, including time, materials, and expenses incurred, of all work done for which disbursement is requested. The forms shall also indicate cumulative Exhibit A IMPLEMENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement The forms shall be signed by an authorized representative of the grantee. Each form shall be accompanied by any receipts and supporting invoices or other source documents from contractors that the grantee engaged to complete any portion of the project funded under this agreement, and by written substantiation of completion of the portion of the project for which disbursement is requested. With each form, the grantee shall submit a supporting progress report summarizing the current status of the project and comparing it to the status required by the work program (budget, timeline, tasks, etc.). Failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee unless and until all deficiencies are rectified. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGETITEMS The grantee shall expend funds in the manner described in the approved project budget. The allocation of the Conservancy's total grant among items contained in the project budget may vary by as much as ten percent without approval by the Executive Officer. Any difference of more than ten percent must be approved in writing by the Executive Officer. The Conservancy may withhold payment for changes in particular budget items 10 Exhibit A IMPLEMENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. PROJECT COMPLETION Within ninety days of completion of implementation of the project, the grantee shall supply the Conservancy with evidence of completion by submitting a final report which includes: 1. An inspection report by the grantee certifying completion of the project according to the approved work program; and 2. A fully executed final "Request for Disbursement" form. Within thirty days of grantee's compliance with this paragraph, the Conservancy shall determine whether the project has been satisfactorily completed. If the Conservancy determines that the project has been satisfactorily completed, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project shall be deemed complete as of the date of the letter of acceptance. Exhibit A IMPLEMENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 EARLY TERMINATION AND FAILURE TO PERFORM Prior to the completion of implementation of the project, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing. If the Conservancy terminates the agreement prior to the completion of implementation of the project, the grantee shall take all reasonable measures to prevent further costs to the Conservancy under this agreement, and the Conservancy shall be responsible for any reasonable and non - cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this agreement. 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 Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Conservancy may have for breach of this agreement. 12 Exhibit A IMPLEMENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 USE, MANAGEMENT, OPERATION AND MAINTENANCE The grantee shall use, manage, operate and maintain the project in a manner consistent with the grant purposes. The grantee assumes all management, operations and maintenance costs associated with the project, including the costs of ordinary repairs and replacements of a recurring nature, and costs of enforcement of regulations. The Conservancy shall not be liable for any cost of such management, operations or maintenance. The grantee shall refrain from developing or otherwise using any other property it owns or controls in the vicinity of the project in such a way as to interfere with or inconvenience the use, management, operation or maintenance of the project or to detract from the project purposes. The grantee may be excused from its obligations for management, operation and maintenance only upon the written approval of the Executive Officer. Mitigation. Without the written permission of the Executive Officer, the grantee shall not use or allow the use of any portion of the real property for mitigation (in other words, to compensate for adverse changes to the environment elsewhere). All funds generated in connection with any authorized or allowable mitigation on the real property shall be remitted promptly to the Conservancy until the Conservancy has been fully paid for all of its past, present, and future costs with respect to the real property, including, without limitation, staff, planning, development, restoration, operation and maintenance, and 13 Exhibit A IMPLEMENTATION OF PLAN. MODEL GRANT AGREEMENT 9101 monitoring costs, and acquisition costs at fair market value as of the time mitigation is to begin. INSPECTION Throughout the term of the agreement, Conservancy shall have the right to inspect the project area to ascertain compliance with this agreement. LIABILITY The grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers, agents and employees from any and all liabilities, claims, demands, damage or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. This agreement supersedes grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. 14 Exhibit A IMPLEMENTATION OF PLAN: MODEL GRANT AGREE,VENT 9101 The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. Throughout the term of this agreement, the grantee shall maintain self - insurance for personal injury and property damage liability assumed by the grantee under this agreement. Nothing in this agreement is intended to create in the public or in any member of it rights as a third party beneficiary under this agreement. AUDITS /ACCOUNTING/RE CORDS The grantee shall maintain financial accounts, documents, and records (collectively, "records ") relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting Practices" ( "GAAP ") published by the American Institute of Certified Public Accountants. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the implementation of the project, and the use, management, operation and maintenance of the real property. Time and effort reports are also required. The grantee shall maintain adequate supporting records in a manner that permits tracing from the request for disbursement forms to the accounting records and to the supporting documentation. Additionally, the Conservancy or its agents may review, obtain, and copy all records relating to performance of the agreement. The grantee shall provide the Conservancy or its agents with any relevant information requested and shall permit the Conservancy or its agents access to the grantee's premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other 15 Exhibit A LVIPLEMENTATION OF PLAN. MODEL GRANT AGREEMENT 9101 material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations. The grantee shall retain the required records for a minimum of three years following the later of final disbursement by the Conservancy, and the final year to which the particular records pertain. The records shall be subject to examination and audit by the Conservancy and the Bureau of State Audits during the retention periods. If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors. The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy- disability leave. The grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations (California Code of Regulations, Title 2, Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), are incorporated into this agreement. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts and subcontracts entered into to perform work provided for under this agreement. INDEPENDENT CAPACITY 16 Exhibit A IMPLEMENTATION OF PLAN: MODEL GRANT AGREEMENT 9101 The grantee, and the agents and employees of grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. ASSIGNMENT Without the written consent of the State, this agreement is not assignable by the grantee in whole or in part. TIMELINESS Time is of the essence in this agreement. EXECUTIVE OFFICER'S DESIGNEE The Executive Officer shall designate a Conservancy project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. AMENDMENT As expressly provided in this agreement, no change in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral understanding or agreement not incorporated in this agreement shall be binding on any of the parties. LOCUS This agreement is deemed to be entered into in the County of Alameda. 17 Exhibit A IMPLEMENTATIONOFPLAN: MODEL GRANTAGREEMENT 9101 W. STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH S I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2002 -40 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of June, 2002, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, O'Neil, Bromberg, Glover, Adams, Proctor, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of June, 2002. (Seal) City Clerk Newport Beach, California