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HomeMy WebLinkAboutAgua Hedionda Lagoon Foundation; 2018-10-30;©cityof Carlsbad Office of the Mayor October 26, 2018 Ms. Lisa Rodman CEO Agua Hedionda Lagoon Foundation 1580 Cannon Road Carlsbad, CA 92008-7314 SUBJECT: AGP 18-02 -AGUA HEDIONDA LAGOON FOUNDATION AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING AGREEMENT Dear Ms. Rodman, In its meeting on September 25, 2018, the Carlsbad City Council approved the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Committee's recommendation to award your organization's funding request of fifty thousand dollars ($50,000} in Agricultural Conversion Mitigation Fee Grant funding. The funding is awarded for Agricultural Conversion Mitigation Fee Grant Project (AGP} AGP 18-02 (Interpretive Signage Master Plan and Sustainable Landscape Exhibit}, to design, construct and install interpretive signage at the Agua Hedionda Lagoon Foundation Discovery Center and on public trails to help educate visitors and hikers. The funds would also be used to install a new sustainable landscape exhibit, which will depict and outline responsible water management practices. The sustainable landscape exhibit will be a 1,500 square-foot garden located at the Discovery Center. The exhibit will demonstrate various uses of native plants for water management practices, drought-tolerant landscaping and water conservation. The exhibit will also include three community planter boxes/beds to be maintained by local schools or community groups. A copy of City Council Resolution No. 2018-172, which approves the allocation of grant funding, is enclosed for your information. LETTER OF AGREEMENT This letter is to serve as a Letter of Agreement ("Agreement") for disbursement of $50,000 in grant funding from the Agricultural Conversion Mitigation Fee Grant Fund to design, construct and install interpretive signage at the Agua Hedionda Lagoon Foundation Discovery Center and on public trails to help educate visitors and hikers. The funds would also be used to install a new sustainable landscape exhibit, which will depict and outline responsible water management practices. The sustainable landscape exhibit will be a 1,500 square-foot garden located at the Discovery Center. The exhibit will demonstrate various uses of native plants for water management practices, drought-tolerant landscaping and water conservation. The exhibit will also include three community planter boxes/beds to be maintained by local schools CA 10/2018 AGP 18-02-AGUA HEDIONDA LAGOON FOUNDATION AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING AGREEMENT October 26, 2018 Pa e 2 or community groups. Since the project is scheduled to be completed within a year, the funding disbursement will occur at once and not in increments. The project budget and schedule must detail the funding amount of the project and anticipated timing. All persons who signed the grant application must sign this agreement. Please return the signed agreement along with: 1. The attached Annual Solicitation (Substitute W-9 Form), and 2. An updated project budget and schedule that describes the work tasks, estimated costs and completion dates for those portions of the grant to be funded with the $50,000 of awarded grant funding. Release of Grant Funds Once you have provided the information requested and satisfied the requirements specified above, City staff will forward the Agreement to the Mayor for signature. Upon signature by the Mayor, staff will release the funds. Failure to successfully implement any component of the project funded will result in funding reconsideration and possible cessation of funding. In addition, funding not spent for its specified purpose must be returned to the City immediately unless the City has approved other purposes for which the funding may be utilized. If you need to make changes in your project or schedule, please contact the Planning Division. Grant recipients are required to recognize on all printed material, including interpretive signage installed through this grant, that the project is funded in part or in full by the City of Carlsbad. Reporting Requirements Progress reports detailing accounting information on funds spent must be submitted quarterly. A final report on how the funds were spent and what the project accomplished must be filed with the City of Carlsbad within thirty days of project completion. In addition, the grant recipient agrees to maintain original records (including receipts) for at least five years from the date on which final grant funds are disbursed and agrees to make them available to the City should the City request to audit them. Notices The names and addresses of the persons who are authorized to give written notices to receive written notice on behalf of City and on behalf of Grantee under this Agreement. Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. CA 10/2018 AGP 18-02-AGUA HEDIONDA LAGOON FOUNDATION AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING AGREEMENT October 26, 2018 Pa e 3 For Grantee: Agua Hedionda Lagoon Foundation Attn: Lisa Rodman, CEO 1580 Cannon Road Carlsbad, CA 92008-7314 Email: lisa@aguahedionda.org Indemnification For City: City of Carlsbad Attn: Planning Division 1635 Faraday Avenue Carlsbad, CA 92008-7314 Grantee hereby agrees to defend, indemnify, and hold free and harmless the City, its officers and employees, against any and all claims, damages, losses, costs (including but not limited to attorney's fees) and liabilities of any kind arising directly or indirectly out of, or related in any way whatsoever to the provision of Grant proceeds. No Partnership or Joint Venture The relationship IJetween City and Grantee is solely that of Grantor and Grantee. Under no circumstances shall City and Grantee be deemed to be partners or involved in a joint venture. Modifications This Agreement may not be modified or amended except by written document executed by a duly authorized representative of both the City and the Grantee. Governing Law This Agreement shall be construed in accordance with and be governed by the laws of the State of California. Venue, in the event of a dispute, shall be in the North San Diego County Superior Court. Severability In the event that any provision or clause of this Agreement conflicts with applicable law, such conflict shall not affect other provisions of this Agreement, which can be given effect without the conflicting provision. To this end, the provisions of this Agreement are declared to be severable. Signing Authority The representative for each Party signing on behalf of a corporation, partnership, joint venture. or governmental entity hereby declares that authority has been obtained to sign on behalf of the corporation, partnership, joint venture, or entity and agrees to hold the other Party or Parties hereto harmless if it is later determined that such authority does not exist. CA 10/2018 AGP 18-02-AGUA HEDIONDA LAGOON FOUNDATION AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING AGREEMENT October 26, 2018 Pa e 4 Thank you for your participation in the Agricultural Conversion Mitigation Fee Grant process. Should you have any questions, please feel free to contact Pam Drew in the Planning Division at (760) 602-4644. ACKNOWLEDGED AND AGREED: CITY OF CARLSBAD By:_,__..~"-H-~'-=--lool--':......v------ (s1gnatur ) LiO/lt ~~(\ I t5JJ By:M1fi!~ Date: ___ ,_<:J~-3~0--~'~~~-- (Name/Title) By: ____________ ~ (signature) ATTEST: (Name/Title) Date: lb· U ·\~ -------------- (Chairman, president or vice-president and secretary, assistant secretary, CFO or assistant treasurer must sign for corporations. Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation.) {If signed by an individual partner, the partnership must attach a statement of partnership authorizing the partner to execute this instrument). APPROVED AS TO FORM: CELIA A. BREWER, City Attorney By: 1f\ld ~r Assistant City Att~ CA 10/2018