Loading...
HomeMy WebLinkAbout1982-04-20; City Council; Resolution 6856. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1& 19 2c 21 22 22 24 25 26 27 28 1) RESOLUTION NO. 6856 b A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING COASTAL CONSERVANCY AGREEMENTS FOR ENGINEERING AND LEGAL SERVICES FOR THE BUENA VISTA LAGOON WHEREAS, the Coastal Conservancy proposes to prepare a Buena Vista Lagoon Watershed Enhancement Program; and WHEREAS, the Coastal Conservancy has requested the City of Carlsbad to perform as its contractor for the purpose of subcontracting for engineering and 1 egal services necessary to prepare the Buena Vista Lagoon Watershed Enhancement Program; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, as follows: 1. That the above recitations are true and correct. 2. That the attached agreements labeled Exhibits A and B provide the necessary funds and authority for the City to proceed in subcontracting on behalf of the Coastal Conservancy for the engineering and legal services necessary to prepare the Buena Vista Lagoon Watershed Enhancement Program. 3. That the agreements attached as Exhibits A and B are approved and the Mayor is authorized to sign on behalf of the City. PASSED, APPROVED AND ADOPTED by the City Council at a regular meeting held on the 20th day of April , 1982, by the following vote, to wit: AYES: Council Wers Packard, Casler, Anear, Lewis NOES: None RONALD C. PACKARD, MAYOR ATTEST : (SEAL) r APPRO (It SY THE STANDA~~ AGREEMENT - ATTOFNEY GENERAL TITLE OF OFFICER ACTING FOR STATE 0 n AGENCY NUMBER STATE OF. CALlFORNl A STD., 2 (REV. 11/78) 0 THIS AGREEMENT, made and entered into this day of $19-, 0 in the State of California, by and between State of California, through its duly elected or appointed, 0 qualified and acting 0 CONTRACYOR STATE AGENCY DEPT. OF GEN. SER. CONTROLLER rereaJter called the Contractor. .I'ITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State xreinafter expressed, does hereby agree to furnish to the State services and materials, as follows: Set forth service to be rendered by Contractor, umount to be wid Contractor, time for performance or completion, and nttnch plans and specifications, 1: my.) SCOPE OF AGREEMENT .. _I . The State Coastal Conservancy (hereafter called the Conservancy) hereby grants to the City of Carlsbad (hereafter called the City) a sum sufficient to pay for the cost of the consultant services which are the subject of this agreement, but not to exceed fifteen thousand dollars ($15,000) in order to provide technical analysis and assistance for Aevelopment and implementation of the Buena Vista Lagoon Watershed Enhancement Program. The City shall obtain the services of a technical consultant(s) (hereafter called the Subcontractor), subject to conditions contained herein, to perform the tasks stated >elow for a project area which includes the watershed of the Buena Vista Lagoon. The 3ty may retain different Subcontractors to perform Tasks A and B specified herein. (Continued on Page 3) -. ., The provisions on the reverse side hereof constitute a part of this agreement. ;I WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. --- II STATE OF CALIFORNIA II CONTRACTOR I1 CENCY If CONTRACTOR (IF OTHER THAN AN INDIVIDUAL. STATE WHETHER A CORPC*ATION PARTNERSHIP. ETC.) ;tate Coastal Conservancy Y (AUTHORIZED SIGNATURE) II BY IAUTHO~ZE~SIGNATLJRE) 13 /7 zxecutive Officer ONTINUED ON-SHEETS. EACH BEARING NAVE OF CONTRACTOR) ADDRESS Cit,y ni c: r-, .,, rlrl . APPROPRIATION FUND Department of General Services I oral - 4~qAe.i- -,I iccr 1980 Bond FISCAL STATUTES UNENCUMBERED OALANCE ITEM CHAPTER 1(SlGN411,11C OF OFCICCR SIGNING ON BE84ALF OF THE AGENCY I DATE 1.. See below. 2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of Califomia. 3. The State may terminate this agreemeiit and be relieved of the payment of any consic'eration to Contractor should Contractor fail to perform the covenants herein cmtained at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is the essence of this agreement. 6. NO alteration or variation of the terms of this contrqct shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein. shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided. pa( 1. Conservancy agrees to indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims, losses, damases or liability to persons or property resulting from the work perforred by Subcontractor *pursuant to this contract, or any contract entered into be- tween City and Subcontractor pursuant to this agreement, or from any of the acts or omissions of Conservancy pursuant to this Contract. City agrees to indemnify, defend and save harmless the Conservancy, its officers, agents and employees from any and all claims, losses, damages, or liability to persons or property resulting from the work performed by the City under this contract. hold City and Conservancy harmiess from all liabilities which may be imposed on either the City or Conservancy under this contract or any contract enterec into pursuant to this contract. City further agrees to require Subcontractor to *Insert: "as directed or reviewed and approved by Conservancy" City of Carl sbad Contract No. 81-091 Page 3 Specifically, the City shall retain the Subcontractor to perform the following tasks: A. Analysis and Preparation of a Joint Powers Agreement or Other Legal Instruments Establishing a Program to Implenent the Buena Vista Lagoon -- Watershed Enhancement Program. The Subcontractor shall provide the Conservancy with draft and final docu- ments for implementation of a Watershed Management Program which may be used by the Conservancy and the Cities of Carlsbad, Oceanside, and Vista for the enhancement of the Buena Vista Lagoon. This task will involve the followfng subtas ks : 1. 2. 3. 4. 5. 6. 7. . 8. 9. At Subcontractor shall review existing Joint Powers Agreement and other legal instruments relating to resource management to which the Cities of Carlsbad, Oceanside, and Vista are parties. Subcontractor shall work with the City Attorneys of the respective cities and Conservancy staff to develop recommendations for a legal franework tc implement the Watershed Management Program, as well as documents to accompl ish the recommendations. Subcontractor shall cooperate and consult with the Subcontractor under- taking Task By including coordination of meetings, phone calls, and exchange of written memoranda. Subcontractor shall participate in up to eight meetings with City Council representatives, City Engineering staff, members of the Buena Vista Lagoon Foundation, developers, and other interested parties, to refine the pro- posed 1 egal framework. Subcontractor shall prepare documents and procedures necessary to imple- ment a program to manage the watershed of Buena Vista Lagoon. Subcontractor shall propose financing plans for long, term maintenance of erosion and sediment control structures. , .. I.. ,- - Subcontractor shall participate in one pub1 ic workshop to acquaint devel- opers, City staff and other interested parties with the program developed under this contract. _I_ Subcontractor shall testify upon request at one public meeting of the City Council in each of the Cities of Carlsbad, Oceanside, and Vista. Subcontractor shall provide copies of all memoranda and work prcducts to the Conservancy. all times durinq the performance of these subtasks, the Subcontractor shall cooperate and consilt with the staff of the Cities of Carlsbad, Oceanside, ari Vista, the staff of the Coastal Conservancy, the Subcontractor hired to perfcq Task B and any Subcontractor hired by the City pursuant to Coastal Conservanc:t Contract No. 81-092. 'City of Carlsbad Contract No. 81-091 Page 4 6. Review of City Erosion Control, Grading, and Riparian Protection Ordinances and Preparation of Recommendations for Improved Ordinances and Recommendations for Improved Enforcement. The Subcontractor shall provide the Conservancy with draft and final docu- ments of Erosion Control , Grading, and Riparian Protection imp1 ementation mechanisms which may be used by the Conservancy and the Cities of Oceanside, Carlsbad and Vista as the basis of an implementation program for the Buena Vista Lagoon Watershed Enhancement Program. This task will involve the following subtasks: 1. 2. 3. 4. 5. ' 6. 7. 8. Subcontractor shall review existing Erosion Control, Grading, and Riparian Protection ordinances now in effect in the Cities of Carlsbad, Oceanside, and Vista. Such review shall include, but not be limited to: a. b. d. e. f. 9. h. i. c. Timing of A1 1 owabl e Grading Site Engineering Plan Requirements Replanting Requirements Enforcement Procedures Reporting Procedures Bonding and Liability Procedures Vegetation Removal Restrictions Replanting Requirements for Riparian Corridors Monitoring and Maintenance Requirements Subcontractor shall review Erosion Control , Grading, and Riparian Pro- tection ordinances now in effect in other jurisdictions or proposed as model ordinances. Subcontractor shall meet with Conservancy staff, City Council repre- sentatives, City Engineering staff, City Attorney staff, the City's engineering consultants, and other interested parties to develop pro- posals for improved ordinances. Subcontractor shall cooperate and consult with the Subcontractor under- taking Task A, including coordination of meetings, phone calls, and exchange of written memoranda. Subcontractor shall provide technical assistance in the form of draft ordinances to the Cities of Carlsbad, Oceanside, and Vista. Subcontractor shall participate in one pub1 ic workshop to acquaint developers and citizens with the program developed under this contract. Subcontractor shall testify upon request at one public meeting of the City Council in each 3f the Cities. Subcontractor shall provide copies of all memoranda and work products to the Conservancy. City of Carlsbad Page 5 > Contract No. 81-091 At all times during the perforinan of th e Subt ks, th Subcontractor shall cooperate and consult with the staff of the Cities of Carlsbad, Oceanside, and Vista, the staff of the Coastal Conservancy, the Subccjn- tractor hired to perform Task A and any Subcontractor hired by the City pursuant to Coastal Conservancy Contract No. 81 -092 HIRING AND ADMINISTRATION City agrees that the Subcontractor shall be hired only after review and final approval by the Executive Officer of the Conservancy. vancy staff shalt review the qualifications of the potential Subcontractors being considered for selection to perform the work. The review and approval of the Executive Officer of the Conservancy shall be required for any con- tract entered into between the City and Subcontractor under this agreement. Conservancy staff shall have the right to review, critique, and coordinate the work of any contractor retained by the City under this grant. The City agrees to cooperate with the Conservancy staff in the administration of this contract and in any contract entered into pursuant to this contract. The Conser- WORK PRODUCT AND REPORTS The Subcontractor shall submit a draft report, which shall contain the results and recommendations of Tasks and Subtasks, including memoranda, meeting notes, draft reports, and ordinances to the City on or before August 25, 1992. Tne City shall forward the report to the Executive Officer of the Conservancy on or before September 1, 1982. A final report, which shall include any comrr,ents, corrections, or revisions recommended by the City or the Executive Officer of the Conservancy, shall be submitted by the Subcontractor to the City on or before October 22, 1982. The City shall forward the report to the Executive Officer of the Conservancy on or before October 31, 1982. COST AND PAYMENT 1. 2. 3. Payment made by the Conservancy to the City under the terms of this agree- ment shall be only for execution of those Tasks specified herein which shril be performed by any Contractor retained by the City under the tern of this agreement. No payments shall be made by the Conservancy to the City for any work per- formed under this agreement which has not been approved by the Executive Officer of the Conservancy. Such approval shall not be unreasonably with- held and shall be based on the conformance of the work performed to the Task descriptions outlined above. The City shall have no obligation to pay Subcontractor until City receives payment from the Conservancy. Upon satisfactory completion of the Subtasks described above in the “SCOPE OF AGREEMENT”, the Conservancy agrees to grant the City the sums specified in this paragraph but, not to exceed fifteen thousand dollars ($15,000). Payment shall be made in several lump sums upon the completion e - City of Carlsbad Contract No. 81-091 Page 6 of specific work tasks and the approval of the Executive Officer of the Conservancy of that work and submittal of an invoice which contains the name and address of the City, the number of this agreement, the signa- ture of an official authorized by the City to sign such invoices, the date of submittal, the amount of the iwoice, and an itemized descrip- tion of all work for which payment is required, Additionally, the invoice shall be accompanied by any invoices or other sources documents from any Subcontractor(s) hired by the City to complete the Tasks or Subtasks identified under the "SCOPE OF AGREEMENT", Payment for any work shall be made only for actual costs incurred in completing the given Task(s). Task A Upon Completion of Subtasks 1, 2, 3 Upon Completion of Subtasks 4, 5, 6 Upon Completion of Subtasks 7, 8, 9 $2 500 $2,000 $3,000 Task 6 Upon Completion of Subtasks 1, 2, 3 Upon Completion of Subtasks 6, 7, 8 $2,500 $3,000 Upon Completion of Subtasks 4, 5 $2,000 SCHEDULING HEARINGS AND MEETINGS The Consultant agrees, whenever feasible, to schedule meetings in coordi- nation with the Cities of Carlsbad, Oceanside, and Vista to improve the degree of cooperation between the Cities and the Subcontractor. TERM OF THIS AGREEMENT The term of this agreement is from April 2 to November 18, 1982. During this term, either party may terminate this agreement for cause providing seven days written notice to the other party. In the eyent of such termi- nation, the City and the Conservancy shall take whatever measures are necessary to prevent further costs under this agreement. shall pay to the City any amounts necessary to cover the cost of the'Tasks completed at the time of termination. The Conservancy COORDINATOR Scott McCreary is designated Project Coordinator for this agreement and any agreement entered into between the City and Subcontractor(.s) pursuant to this agreement. RESOLUTION .The signature of the Executive Officer on the first page of this agreement certifies that at its January 14, 1982 meeting, the Conservancy authorized -City of Carlsbad Contract No. 81-097 Page 7 the expenditure of funds n t to exceed $15,000 for the developmen, of legal instruments including a Joint Powers Agreement, and the review and prepara- tion of improvements to ordinance(s) as part of the Buena Vista Lagoon Watershed Enhancement Program, for Buena Vista Lagoon, San Diego County. FAIR EMPLOYMENT-PRACTICES The attached "Fair Employment Practices Addendum" is an integral part of this agreement. AVAILABILITY TO TESTIFY During the term of this agreement, and for a reasonable period of time thereafter, a designated employee of the City shall be available to testify, upon reasonable notice and not more than two times, before the Conservancy concerning the progress of its work under this agreement. require that its Subcontractors be similarly available to testify. The City shall APPROVALS This agreement is exempt from review by the Department of General Services, the Department of Finance, and the State Personnel Board. RESPONSIBILITY OF CITY The City shall not be responsible for the quality of work performed by the Subcontractor . City of Carlsbad Contract No. 81-091 Page 8 FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employs or appikan: for employment because of race, color, religion, ancestry, sex*, age*, national origin, or physical i.zndicapi. The Contractor will take .affirmative action to ensure that applicants are employed, and that employzs are trsatec during employment, without regard to their race, color, religion, ancestry, sex*, age*; national oric.3, or physicz handicap*. SLich action shall include, but not be limited to, the following: employment, upgrac'ng, demotior, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other for-s of cor pen- sation; and selection for training, including apprenticeship. The Contractor shall post in consplcuos places, evaii- able to employees and applicants for employment, notices to be provided by the State setting forth :Fie provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his/her records of employment, employment advertiser-ents, apslicr- tion forms, and other pertinent data and records by the State Fair Employment Pracrices Comrr;ssion, c- an\ other agency of the State of California designated by the awarding authority, for the purpose of i-iestigatizn tc ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employment Practices pro;.ision to have occurred upon receipt of a final judgement having that effect from a court in an aclion to whict Contractor was a party, or upon receipt of a written notice from the Fair Employttnt Practice: Commission that it has investigated and determined that the Contractor has violated the Fair Em3loy- ment Practices Act and has issued an order, under Labor Code Section 1426, which has become 'insi, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision, the StaTe shall ha;? the risht tc terminate this contract either in whole cr in part, and any loss or damage sustained by the Sttre ir securing the goods or services hereunder shall be borne and paid for by the-Contractor r?d by hic,/he- surety under the performance bond, if any, and the State may deduct from any mone:.s due or fhx thereafter may become due to the Contractor, the difference between the-price named in the contrac: and the actual cost thereof to the State. *See Labor Code Sections 141 1 - 1432.5 for further details. 810. S (8177) APP R BY THE STLADARD AGREEMENT -- STATE OF CALIFORNIA -GENCY State Coastal Conservancy Y (AUTHORIZED SIGNATURE) ITLE Zxecutive Officer STATE OF.CALlF0RNIA STD. 2 (REV. 11/75] CQNTRACTOR CONTRACTOR (IF OTHER THAN AN INDIVICUAL. STATE WHETHER A :0930R*TIC\ P ARTN ERSH I PI ETC.) 1 B Y t AU.TT69 ED SI GN A TU R E I //fly (g2Av b ,.&et rVCL TITLE I”:wr ADDRESS U CONTROLLER THIS AGREEMENT, made and entered into this day of 119-9 0 in the State of California, by and between State of Califomia, through its duly elected or appointed, 0 qualified and acting -- AGENCY 1 NUMBER TITLE OF OFFICER ACTING FOR STATE Executive Qfficer I state Coastal Conse rvancv I 81-092 hereafter called the State, and -I . %ereafter called the contractor. WITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, does hereby agree to furnish to the State services and materials, zs follows: lSct forth service to be rendered by Controctor, amount to be paid Contractor, time for performance or completion, und nttach plans and speciflcatlons. if any.) SCOPE OF AGREEMENT I. The State Coastal Conservancy (hereafter call ed the Conservancy) hereby grants to the City of Carlsbad (hereafter called City) a sum sufficient to pay for all of the consultant ser- vices specified in this agreement, but not to exceed twenty-five thousand dollars ($ZS,CclO) in order to provide engineering analysis and specifications for the implementation of the Buena Vista Lagoon Watershed Enhancement Program. The City shall retain an engineering consultant (hereafter called the Subcontractor) subject to conditions contained herein, to perform the tasks stated below for a project area which shall include the Buena Vista lagoon watershed. , .i (Continued on Page 3) I. ’ ZONTINUED ON-SHEETS. EACH 8EARl -- Deportment of General Services Use ONLY Local Assistance 1980 Bcnd Act JNENCUMBERED BALANCE ITEM CHAPTER STATUTES FISC4L YEAR I I liOJ. INCREASING ENCUM8RANCE FUNCTION Resource Enhaccement &DJ. DECREASING ENCUMBRANCE LINE ITEM ALLOTMEflT 2. The Contractor, and the agents and employees of Contractor, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of State of California. 3. The State may terminate this agreement and be relieved of the payment of any consideration to Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event QEC such termination the State may proceed with the work in any manner deemed proper by the State. The cost to the State shall be deducted from any sum due the Contractor under this agreement, and the balance, if any, shall be paid the Contractor upon demand. 4. Without the written consent of the State, this agreement is not assignable by Contractor either in whole or in part. 5. Time is the essence of this agreement. 6. No alteration or variation of the terms of this contract shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto. 7. The consideration to be paid Contractor, as provided herein, shall be in coinpensation for a11 of Contractor's expenses incurred in the performance hereof, including travel and per diem, less otherwise expressly so provided. pf d I. Conservancy agrees to indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims, losses, damages or liability to persons or property resulting from the work perfomed by SubcontractoPpursuant to this contract, or any contract entered into between City and Subcontractor pursuant to this agreement, or from any of the acts or omissions of Conservancy pursuant to this Contract. City agrees to indemnify, defend and save hamless the Conservancy, its officers, agents and employees from any and all claims, losses, damages or liability to persons or property resulting from the work perfomed by tk C'ityunder this contract. City further agrees to require Subcontractor to hold City and Conservancy harmless from all liabilities which may be imposst on either the City or Conservancy under this contract or any contract entersd into pursuant tG this contract. *Insert: "as directed or reviewed and approved by ConservancyLL I) City of Carl sbad Contract No. 81-092 Page 3 Specifically, the City shall retain the Subcontractor to perform the following tasks : 1. 2. Subcontractor shall review available technical literature on erosion, sedimentation, and fluvial processes in the Buena Vista Lagoon watersheds. Subcontractor shall compi 1 e maps , aerial photographs and engineering draw- ings which would be useful in the identification of sites for erosion and sediment control structures ., 3. Subcontractor shall identify development projects in the construction or planning stages which provide potential opportunities for construction of erosion and sediment control structures in conjunction with the development project on the site. 4. Subcontractor shall identify and map sites suitable for erosion and sediment control structures, including but not limited to stilling basins, culverts, weirs, and other structures. 5. Subcontractor shall develop recommendations for the emplacement of sediment and erosion control structures a 6. 7. Subcontractor shall refine recommendations and develop specific engineering specifications, including working drawings for the structures recommended. Subcontractor shall develop time and cost estimates for maintenance of erosion and sediment control structures. 8. Subcontractor shal I coordinate with the City's 1 egal consultants hired under Conservancy Contract No. 81-091 to develop a maintenance program for the structures. 9. Subcontractor shall attend one workshop to present the program developed under this contract to representatives of the Cities of Carlsbad, Oceanside, and Vista, developers, members of the Buena Yista Lagoon Foundation, and other interested parties. >i . , I-, . *<.' ./ . .. 1' . 10. Subcontractor shall testify upon request at one public meeting of the City Council in each of the Cities of Carlsbad, Oceanside, and Vista. At all times during the performance of these tasks, the Subcontractor shall cooperate and consult with the staff of the Cities of Carlsbad, Oceanside, and Vista, the staff of the Conservancy, and any Subcontractors hired by the City pursuant to Coastal Conservancy contract No. 81-092. HI RING AND ADMINISTRATION City agrees that the Subcontractor shall be hired only after review and final approval by the Executive Officer of the Conservancy. The Conservancy staff shall review the Qual ifications of the potential Subcontractors being e City of Carlsbad Contract No. 81-092 Page 4 'considered for selection to perform the work. The review and approval of the Executive Officer of the Conservancy shall be required for any contract entered into between the City and Subcontractor under this agreement. Con- servancy staff shall have the right to review, critique, and coordinate the work of any contractor retained by the City under this grant. agrees to cooperate and consult with the Conservancy staff in the adminis- tration of any contract entered into pursuant to this agreement. The City WORK PRODUCT AMD REPORTS The Subcontractor shall submit a draft report, which shall contain the results and recommendations of Tasks and Subtasks, including memoranda, meeting notes, draft reports, and ordinances to the City on or before August 25, 1982. The City shall forward the report to the Executive Officer of the Conservancy on or before September 1, 1982. A final report, which shall include any comments, corrections, or revisions recommended by the City or the Executive Officer of the Conservancy, shall be submitted by the Subcontractor to the City on or before October 22, 1982. Officer of the Conservancy on or before October 31, 1982. The City shall forward the report to the Executive COST AND PAYMENT Payments made by the Conservancy to the City under the terms of this agreement shall be only for execution of those Tasks specified herein which shall be performed by any contractor retained by the Agency under the term of this agreement. No payments shall be made by the Conservancy to the City for any work performed under this agreement, which has not been approved by the Executive Officer of the Conservancy. Such approval shall not be unreasonably withheld and shall be based on the conformance of the work performed to the Task descriptions out- lined above. The Conservancy agrees to grant the City a sum sufficient to pay for the cost of consultant services specified herein but not to exceed twenty-five thousand dollars ($25,000). Payment shall be made in several lump sums upon the comple- tion of specific work tasks and the approval of the Executive 0fficer.of the Conservancy of that work and submittal of an invoice which contains the name and address of the City, the number of this agreement, the signature of an Official authorized by the City to sign such invoices, the date of submittal, the amount of the invoice, and an itemized description of all work for which payment is required. Additionally, the invoice shall be accompanied by any invoices or other sources documents from any Subcontractor(s) hire by the City to complete the Tasks or Subtasks identified under the "SCOPE OF AGREEMENT". Payment for any work shall be made only for actual costs incurred n completing the given Task(s). Upon Completion of Subtasks 1, 2, 3, 'Upon Completion of Subtasks 4, 5, 6 Upon Completion of Subtasks 7, 8, 9, 10 $5,000 $1 2,500 $7,500 City of Carlsbad Contract No. 81-092 Page 5 SCHEDULING HEARINGS AND MEETINGS The consultant agrees, whenever possib'le, to schedule meetings in coordi- nation with the Cities of Carlshad, Oceanside, and Yista to improve the degree of cooperation between the Cities and the Subcontractor. TERM OF THIS AGREEMENT The term of this agreement is from April 2 to November 18, 1982, During this term, either party nay terminate this agreement for cause providing seven (79 days written notice to the other party. termination, the Conservancy and City shall take whatever measures are necessary to prevent further costs under this agreement, agrees to pay to City all amounts necessary to pay the cost of any Tasks completed up to the time of termination. In the event of such The Conservancy COO RD I NATO R Scott McCreary is designated Project Coordinator for this agreement and any agreement entered into between the City and Subcontractor pursuant to this agreement . RESOLUTION The signature of the Executive Officer on the first page of this agreement certifies that at its January 14, 1982 meeting, the Conservancy authorized the expenditure of funds not to exceed $25,000 for the engineering assistance to implement the Buena Vista Lagoon Watershed Enhancement Program, for Buena Vista Lagoon, San Diego County. FAIR EMPLOYMENT PRACTICES The attached "Fair Employment Practices Addendum" is an integral part of this agreement. AVATLABILITY TO TESTIFY During the term of this agreement, and for a reasonable period of tine there- after a designated employee of the City shall be available to testify, upon reasonable notice and not more than two times, before the Conservancy concern- ing the progress of its work under this a.greement. The City shall require the: ' its subcontractors be similarly available to testify. APPROVALS This agreement is exempt from review by the Department of General Services, the Department of Finance, and the State Personnel Board. a * City of Carlsbad Contract No. 81-092 Page 6 RESPONSIBILITY OF THE CITY The City shall not be responsible for the quality of work performed by the Subcontractor pursuant to this agreement or any agreement between City and Subcontractor entered into pursuant to this agreement. City of Carlsbad Contract No. 81-092 Page 7 I) FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, ancestry, sex*, age*, national origin, or physical handicap*. The Contractor will take affirmative action to ensure that applicants are employed, and that employees 2re treated during employment, without regard to their race, color, religion, ancestry, sex*, age*; national origin, or physical handicap*. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compen- sation; and selection for training, including apprenticeship. The Contractor shall post in conspicuous piaces, avail- able to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices section. 2. The Contractor will permit access to his/her records of employment, employment advertisements, app!ica- tion forms, and other pertinent data and records by the State Fair Employment Practices Commission, or any other agency of the State of California designated by the awarding authority, for the purpose of investigation to ascertain compliance with the Fair Employment Practices section of this contract. 3. Remedies for Willful Violation: (a) The State may determine a willful violation of the Fair Employment Practices provision to have occurred upon receipt of a final judgement having that effect from a court in an action to which Contractor was a party, or upon receipt of a written notice from the Fair Employment Practices 'Commission that it has investigated and determined that the Contractor has violated the Fair Employ- ment Practices Act and has issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. (b) For willful violation of this Fair Employment Practices provision. the State shall have the right to terminate this contract either in whole or in part, and any loss or damage stistained by the State in securing the goods or services hereunder shall be borne and paid for by the-Contractor and by hisjher surety under the performance bond, if any, and the State may deduct from any moneys due or that thereafter may become due to the Contractor, the difference between the-price named in the contract and the actual cost thereof to the State. *See Labor Code Sections 141 1 - 1432.5 for further details. 5T8. 3 (B/77)