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HomeMy WebLinkAboutCalifornia, State Of; 1994-09-29; LandsSeptember 27, 1994 Port of Los Angeles 425 South Palos Verdes San Pedro, CA 90733 Attention: Lisa Sales Re: Baticpitos Lagoon Street Enhancement Project The Carlsbad City Council, at its meeting of September 20, 1994, adopted Resolution No. 94-263, approving an agreement with the California State Lands Commission regarding the processing of the required State Lands Commission permit for the Batiquitos Lagoon Enhancement Project. Enclosed please find a copy of the signed agreement and a copy of Resolution No. 94-263 for your files. KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @ September 27, 1994 California State Lands Commission 1807 - 13th Street Sacramento, CA 95814 Attention: Contracts Officer Re: Batiquitos Lagoon Enhancement Project The Carlsbad City Council, at its meeting of September 20, 1994, adopted Resolution No. 94-263, approving an agreement with the California State Lands Commission regarding the processing of the required State Lands Commission permit for the Batiquitos Lagoon Enhancement Project. Enclosed please find,five signed copies of the agreement and a copy of Resolution No. 94-263 for your files. It is requested that one fully executed copy be returned to this office. KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 SThARD REIMBURSEMEFAGREEMENT - -1 CONTRACT NUMBER: R24192 , AMENDMENT NUMBER: THIS AGREEMENT. made and entered irUo this day of tg-, in ihc State of California. by and between State of California. through its duly elected or appointed, qualified and acting Title of OFfcer Acting for State Chief, Administrative and Information Services Applicant’s Name A.ww State Lsnds Commission , hereafter celled the State, and City of Carlsbad , hereafter called the Applicant. WITNESSETH: That the Applicant for and in consideration of the covenems, conditions, agreements, and stipulations of the State herein atIer expressed does hereby agree to reimburse the State for services and materials as follows: - See Attached - CONTINUED ON SHEETS, EACH BEARING NAME OF AFPLICANT AND CONTRACT NUMBER. IN WITNESS WHEREOF. this agreement has been executed by the panics he 4 to, upon the date tira~ above written. STATE OF 0RNIA APPLNXNT David W. Brown Chief Administrative and Amount of this Document s 25,ooo.oo --- - Prior Amount of this Contract 3 Totlll Amount to Date s I:3010 P:72020 0 *Ruc.u?r cl SmTm AomcY ClOl?tSR . Reim’busement Agreement For General Permit - Public Agency Use R24192 Article I - Parties This Agreement is made and entered into this 29th day of June, 1993, between City of Carlsbad, 2075 Las Palmas Drive, Carlsbad, CA 92009 (hereinafter referred to as “Applicant”) and the State of California acting by and through the State Lands Commission, 1807 13th Street, Sacramento, California, 95814 (hereinafter referred to as “State”). Article II - Work To Be Performed Applicant has submitted an application for General Permit - Public Agency Use, pertaining to the applicant’s project described as: construction and implementation of Batiquitos Lagoon Enhancement Project, Carisbad, on file with the State and identified as Work Order W20725.206. The State hereby agrees to perform the following services: A. Application Processing: The State shall process the Applicant’s project’application. Such services shall include, but not be limited to, document preparation; negotiation of terms and conditions; field inspections, preparation of field reports and review of survey specifications and results in conjunction with required preconstruction and post-construction survey (s) to survey existing beach conditions, including the location of the then elevation of mean high tide from just north of South Carlsbad State Beach to the northerly boundary of San Elijo State Beach; office technical review services, appraisals and coordination with other governmental agencies; but shall not include an environmental analysis or preparation and implementation of a monitoring program. B. This Agreement is entered into by the parties hereto with the express understanding that the State cannot assure: 1) final approval of the permit or project; 2) that permits from State or local permitting agencies are obtainable; 3) that either the State or the Applicant by entering into this Agreement is representing that the project will go forward as proposed; and 4) that either the State or the Applicant is irrevocably committed to proceeding with the project. Article III - Payment A. Applicant agrees to reimburse the State for all costs associated with this work according to the Standard Reimbursement Agreement - Standard Reimbursement Agreement consisting of 2 pages, and this Reimbursement Agreement consisting of 4 Paw. B. Based on the information and contracts existent as of the date of this Agreement, it is estimated that the reimbursable costs enumerated in Article II will be: Application Processing Fees $25,ooo.00 Approximate Total Cost $25,000.0-0 Actual costs shall be calculated pursuant to Article VIII - Reimbursement of Costs. Charges and credits shall be made in accordance with Articles VIII and IX of this Agreement. An expense deposit equal to the total estimated cost, less any prior deposit received for this agreement, shall be made with the execution of this Agreement. C. Invoices computed in accordance with Article VIII shall be mailed to the Applicant’s Project Manager at the address listed in Article IV of this Agreement. Payments shall be made to the State’s Project Officer at the address listed in Article IV of this Agreement. Article IV - Parties’ Agents A. The State’s Project Officer shall be: Alan Scott City of Carlsbad R24192 State Lands Commission 1807 13th Street Sacramento, CA 95814 (916) 322-7841 B. The State’s Environmental Officer shall be: Mary Griggs State Lands Commission 1807 - 13th Street Sacramento, California 95814 (916) 322-0354 C. The Applicant’s Project Manager shall be: John Cahill City of Carlsbad 2075 Las Palmas Drive Carlsbad, CA 92009 Article V - Duration of Agreement This Agreement shall be effective from the date first mentioned above and shall remain in full force and effect until the 31st day of December, 1997, unless terminated earlier pursuant to the termination provisions contained herein. Article VI - Definitions and Tems Wherever in the specifications and other Agreement documents the following abbreviations and terms (or pronouns in place of them) are used, the intent and meaning shall be interpreted as provided in this section. Working titles having a masculine gender, and the pronouns referring to such said titles, are utilized in this Agreement for the sake of brevity and are intended to refer to either sex or the neuter. All references to the singular shall refer also to the plural. All references to the plural shall refer also to the singular. A. The term “Agreement” refers to this document as executed by the Applicant and the State. This document includes the Standard Reimbursement Agreement and these attached Specifications. B. The term “Application Processing” refers to all staff services necessary to process an applicant’s proposed project application but shall not include staff services for environmental analysis or project mitigation monitoring pursuant to CEQA. C. The term “CEQA” refers to the California Environmental Quality Act of 1970, as amended (Public Resources Code Section .21000 et seq.). D. The term “Department of Fish and Game Fees” refers to those fees author&d under Fish and Game Code Section 711.4. E. The term “Environmental Officer” refers to that person designated by the State to be responsible for the preparation of the environmental analysis and conduct of the mitigation monitoring program. F. The term “Executive Officer” refers to the Executive Officer of the State Lands Commission. G. The term “Mitigation Monitoring Program” refers to that program mandated by CEQA as found in Public Resources Code Section 21081.6. 2 b * . City of Carlsbad R24192 H. The term “Project” means that activity which is the subject of the application for a permit, lease or other entitlement from the State. I. The term “Project Manager” refers to that person appointed or designated by the Applicant to administer the project for the Applicant. J. The term “Project Officer” refers to that person appointed by the State to process the project application. Article VII - Notices And Authority A. Any notice or other written communications required or permitted under this Agreement may be personally delivered in writing to the Project Officer or Project Manager, or may be sent by certified mail, return receipt requested, to the addresses listed in Article IV - Parties’ Agents and shall, based on such delivery or sending, be deemed to have been effectively communicated. Either party may change such address by written notice to the other party. Any notice given other than as provided above, shall not be deemed to be effectively communicated until received in writing. B. The Project Manager shall have full authority to act on behalf of the Applicant for administration of the project. All communications given to the Project Manager shall be as binding as if given to the Applicant. C. The State may change its Project Officer at any time by written notice to the Applicant. The Applicant may change its Project Manager at any time by written notice to the State’s Project Officer. Article WII - Reimbursement of Costs A. Applicant agrees to reimburse the State for all costs incurred by the State whether prior or subsequent to the execution of this Agreement for the above described work in accordance with the terms and conditions of this Agreement. B. Such costs shall include, but not be limited to: 1. The actual costs of State staff time and other associated activities involved in conducting the work described in Article II. Costs shall be computed in accordance with Section 8752 of the State Administrative Manual and shall include salaries and wages, related staff benefits and administrative overhead. 2. The cost of any consultant contracts or preparation of any portion of the project application processing by the State, should the State deem such work or any additional work to be necessary. C. The Commission shall advise the Applicant if such costs exceed the above estimate by ten percent (10%) of such estimate. Upon notification, the Applicant may terminate this Agreement in accordance with Article X - Termination, dispute the change in accordance with Article XII - Disputes or accept the increase with all the terms and conditions of this Agreement being unchanged and in effect. Applicant shall notify the State within five (5) days of notice of any intent to terminate the Agreement OF dispute the change. Non-response shall be acknowledged as acceptance of the additional charges. Article IX - Method of Payment The Applicant shall reimburse the State for all costs described in Article VIII -Reimbursement of Costs in accordance with the following procedure. All costs incurred by the State pursuant to this Agreement shall be charged on a monthly basis. Costs incurred shall be applied against the deposit made by Applicant until the processing is completed. Should costs exceed the amount of the deposit, Applicant shall be notified in accordance with Article VIII and billed for the balance. Should actual costs be less than the deposit, State shall refund any balance within 60 days of execution of the resulting lease or permit or of Commission denial as applicable unless costs for mitigation monitoring and/or construction apply. If costs for mitigation monitoring and/or construction 3 City of Carlsbad R24192 compliance apply, State shall refund any balance within 60 days of certification of completion of construction and monitoring program by SLC environmental staff. Mail payment directly to the State’s project officer listed in Article IV. Article X - Termination Either party may elect to terminate this Agreement by written notice at any time prior to referral of the project to the Commission upon ten (10) days written notice to the other party. The Applicant agrees that in the event of termination of this Agreement by either party as provided above, it shall reimburse the State upon its written request one hundred percent (100%) of all costs incurred by the State in the performance of its obligations as described in this Agreement and the subject project will be deemed withdrawn by the Applicant from consideration by the Commission. Article Xl - Records Upon five (5) business days notice, the State’s records relating to its costs shall be available for the Applicant’s audit in the State’s office in Sacramento. Said audit shall take place only during regular business hours of the State. Payment of costs by the Applicant shall not constitute a waiver of its rights to audit nor an acknowledgment by the Applicant of the validity of the costs that have been paid. Nothing herein shall be deemed to require the State, its consultants, other contractors and subcontractors to maintain books, records, or documents other than those usually maintained by them, provided that such books, records and documents reasonably segregate and identify the costs for which reimbursement is required hereunder. As used herein, “State’s records” include any audit of the consultant by the State or its designated representative as author&d in this Agreement. Article XII - Disputes Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under OF relating to the performance of this Agreement which is not disposed of by agreement shall be decided by the Project Officer, who shall reduce his decision to writing in regard to the dispute and shall transmit a copy thereof to the Applicant within thirty (30) days. The decision of the Project Officer shall be final and conclusive, unless within thirty (30) days from the date of receipt of such copy, the Applicant transmits to the State a written appeal. Said appeal shall be supported with specificity. In connection with any appeal proceeding under this clause, the Applicant shall be afforded an opportunity to be heard before the State Lands Commission within sixty (60) days of the receipt by the State of the Applicant’s written appeal and to offer evidence in support of its appeal. Pending the final decision of any such dispute, the Applicant shall proceed diligently with the performance of the Agreement and in accordance with the written decision of the Project Officer which is the subject of the Applicant’s appeal including the payment of invoices to the State. The procedure described herein shall not prejudice or deny the Applicant his remedies at law. However, the Applicant agrees to exhaust the procedure described herein before pursuing his remedies at law. All amounts paid to the State under protest shall be held by the State in trust until the dispute is resolved. Xlll - Choice of Law This Agreement shall be governed by the laws of the State of California, both as to interpretation and performance. 4 - November 15, 1994 TO: CIW CLERK FROM: MUNICIPAL PROJECTS MANAGE SUBJECT: SIGNED COPY OF STATE LANDS COMMISSION REIMBURSEMENT AGREEMENT FOR BATIQUITOS PROJECT Lee: Attached is a signed original copy of the State Lands Commission reimbursement agreement regarding the Batiquitos project for your files. I have retained a Xerox copy here in the project file. Any questions, please give me a call at 4888.