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HomeMy WebLinkAboutSANDQUIST, FRED/BATIQUITOS LAGOON FOUNDATION; 2008-03-03;March 3, 2008 City Calaisba^ Fred Sandquist Batiquitos Lagoon Foundation PO Box 130491 Carlsbad, CA 92013-0491 SUBJECT: AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING AGREEMENT I am pleased to inform you that the Carlsbad City Council encumbered your organization's entire funding request of $780,589 in Agricultural Conversion Mitigation Fee Grant fiinding, with the stipulation that, among other things, only $74,995 of that request be fiinded now to allow some data collecting and reporting and maintenance to proceed. The City Council's action was based on the recommendations of the Agricultural Conversion Mitigation Fee Ad Hoc Citizens Committee's and city staff The grant fiinding is to be used for the following purpose(s): to develop a Batiquitos Lagoon Monitoring and Management Plan, including conducting monitoring and maintenance activities as described in your Grant Proposal No. AGP 06-12 - Bat Lagoon Mon'g/Mgmt Plan. The City Council resolution approving the fiinding and fiilly describing the stipulation is enclosed. This letter is to serve as a Letter of Agreement. The grant fiinds will be awarded in phases and upon the achievement of milestones according to the attached project schedule. Any project that is awarded fiinds will be required to meet agreed-upon milestones. (Some projects will be a single-phase project.) If you need to make changes in your grant proposal project or schedule, please contact the Planning Department. Please have both of the people who signed the grant application sign this agreement and retum it in the enclosed envelope. City staff will then forward the letter to the Mayor for signature. Once the agreement has been signed by the applicants and the mayor, we will begin the initial release of funds according to the approved milestone/fiinding schedule. If the funds are not spent for this specific purpose, they must be retumed to the City. In addition, failure to satisfy the agreed-upon milestones will result in project reconsideration and possible cessation of fiinding. Grant recipients are required to recognize on all printed material that the project is fiinded in part or in fiill by the City of Carlsbad. A final report on how the fiinds were spent and what the project accomplished must be filed with the City of Carlsbad once the fiinds are spent or within one year of receipt of the money, whichever comes first. In addition, you agree to maintain original records (i.e., receipts) for at least five years from the date on which you receive your final grant funds and make them available to the City should they request to audit them. 1635 Faraday Avenue • Carlsbad, CA 92008-7314 • (760) 602-4600 • FAX (760) 602-8559 • www.ci.carlsbad.ca.us AGRICULTURAL CONVERSION MITIGATION FEE GRANT FUNDING AGREEMENT March 3, 2008 Page 2 Thank you for your participation in the Agricultural Conversion Mitigation Fee Grant process. Should you have any questions, please feel free to call Scott Donnell at (760) 602-4618. Sincerely, DON NEU Planning Director I/We hereby agree to all of the above. ^ Date 7 n^acu zoo^ Applicant Name Date ) Batiquitos Lagoon Monitoring and Management Plan, AGP 06-12 Funding Scheduie Funding for this project is to be provided in advance on or before the date indicated in the "date Funded" funded column below. Total project funding of $780,589 was approved, with the stipulation that $74,995 of that total be funding now to allow some data collection and reporting, and lagoon maintenance in areas surrounding the lagoon- proper to proceed. Ofthe total of $74,995 initial approved funding, $20,995 is to be used to support data collection and reporting as follows: (1) Task 1.1- Physical Monitoring: Bathymetric and Beach Monitoring and Tidal Monitoring: $18,713; and (2) Task 1.3 - Reporting: $2,282. The remaining $54,000 is distributed over 6 years as indicated in the table beiow. The remaining $705,594 of the approved project funds will be held pending review of the report of the results of the study report, expected to be completed within 6 months from approval ofthe fomrial grant agreement. Ifthe balance of funding is approved by the City, a revised funding schedule, and project schedule and milestones will be submitted Period Date Funded Amount Funded Cumulative Funding Yearl March (As soon as possible after grant agreement approval), 2008 $23,995 $23,995 Year 2 July 1,2009 $15,000 $38,995 Year 3 July 1,2010 $3,000 $41,995 Year 4 July 1,2011 $15,000 $56,995 Years July 1,2012 $3,000 $59,995 Years July 1,2013 $15,000 $74,995 Project Schedule and Milestones The following summarizes the key task schedule and completion milestones for the project. Task Start Completion Completion Milestone Yearl: Data Collection, Physical Monitoring (Bathymetric and Beach Monitoring and Tidal Monitoring March (As soon as possible after grant agreement approval) January 30, 2009 Submission of study results report by Merkei & Associates. Yearl: Maintenance March (As soon as possible after grant June 30, 2009 Submission of summary report of r"\. ^ J Activities agreement approval) maintenance activities by the Batiquitos Lagoon Foundation Year 2: Maintenance Activities July 1,2009 June 30, 2010 Submission of summary report of maintenance activities by the Batiquitos Lagoon Foundation Year 3: Maintenance Activities July 1.2010 June 30, 2011 Submission of summary report of maintenance activities by the Batiquitos Lagoon Foundation Year 4: Maintenance Activities July 1,2011 June 30, 2012 Submission of summary report of maintenance activities by the Batiquitos Lagoon Foundation Year 5: Maintenance Activities July 1.2012 June 30. 2013 Submission of summary report of maintenance activities by the Batiquitos Lagoon Foundation Year 6: Maintenance Activities July 1,2013 June 30. 2014 Submission of summary report of maintenance activities by the Batiquitos Lagoon Foundation MERKEL & ASSOCIATES, INC. Professional Services Agreement GeaeraJ Terms of Agrecffient This AGREEMENT made this t^/Jn/ day of J2QS^A J> 2008 by and between Bitiqiiitoi Lasooo FoaadfltiMi, a Calif<»nia Nmi-iHt>fit Coipoittion, (hereiaafter "^BLF^, locmted at 7380 GaMiiano Lane, Carli^»ul, Califomia 92011 and Merfcel A Associated, tae, a Califomia Coiporation, (hereinafter ^'CONSULTANT'), located at 5434 Ruffin Road, San Diego, Califomia 92123. The parties agree as follows: L CoBtrset DociiiBeBts: The Contract Do(wmnt$ for this AGREEMENT ccmsist of this Professional S«vices AGREEMENT, any attadiments, exhil»t5, site m»!p&^ specifications and/or (faaiwii^ attadied to or referenced he^ia, and all modifkattcms issued after the execittion of this AGREEMENT. Conflicting piovi»cins hereof, if any, shall prevail in the following <lesoaidiiig onder of prec^lence: (1) (wovisiom set forth m any modtfic^on, (2) provisiens sel forth in this Mas^ AGREEMENT and (3) the site maps, specifications and drawings attached or incoiporated by referaioe, 2. Scope of Work; The services to be rendo^ under ttiis AGREEMENT are to be {»^ovided pursuant to Exhibit L J. Term of Coatraet: This AGREEMENT shall be deemed to have commenced on March I, 2008 and shall terminate [>ec^ber 31, 2008, unless terminated in accordance witfi the provisi<m of Article 16 of this AGREEMENT (Termination). CONSULTANT will not begin work under ttiis AGREEMENT until a written notice lo proceed is received finom BLF. 4. Compeiisatioii: BLF agn^ to pay CONSULTANT for die pe^bimance of its work at die fixed costs of $18,713.00 for Task 1.1 ami $ $2^82,00 for Task 1.3 as d^rib^ in Exhibit 1. CONSULTANT will be paid cmXy for mjthoriz^ services on a pero&ax ocxi^lete t:»sts. 5. InvoktBg: CONSULTANT will submit invoices to BLF fw the performam^ bas^l upon ttie fixed fee amounts in S<»:tion 4 of this AGREEMENT. Invoice must represent the value of the ctHnpieted Scope of Work for CONSULTANT'S billing period. BLF will pay CONSULTANT wittiin 30 days of receipt of each invoice. 6. Chaages: Wittiout invalidating this AGREEMENT, BLF may require changes in tfie services wtthin the general scope of Work Onkis iss««d under tfits AGREEMENT, consisting of additions, deletions or ottier revisions. Thc contrm^ sum, scope of work and schedule shall be adjusted ^xotdingly and in keeping with the temw of this AGREEMENT and Work OnJcrs issued httifin. All such changes in slices shall be autlKMt^ in writing cxeci^ed by BLF and CONSULTANT. 7. Notices: Any notices to be given under this AORKEMKN^r shall be given in writing. Such notices may be sa^ed by personal delivery, facsimile transmission or first class r^ular nail, poi^e prepaid. Any SIK^I notice, when served by mail, simll be effective two calendar days after tiie date of nmiUng tfie same, and when served by facsimile tramraission or perscmal dclivciy shall be effisctive upon receipt. For tfw purposes hereof, ttie address of BLF is: PO Box 130491. Carisbad, Califomia ^013-0491, Phone (760) 931-0800 and ttie address of CONSULTANT is: 5434 RulKn Road, San Diego, Califbmia 92123, Phone (858) 560-5465 Fax (858) 560-7779. 8. StandanI of Performaiice: Services provided CONSULTANT under ttiis AGREEMENT will be pi^formed in a manner consists with that degree of care and skill ordinarily ex»cised by members of tfie same profession currently practicing under similar circumstances in thc State of Califomia. 9. Time of I^tformaiice: CONSULTANT agrees tfiat il will perform swvices with <fcie and reasonable diligmce consistent with sound professional practices and in keeping witfi a mutually agreed upon schedule. 10. ladcpeadicat CoBtrrctor: CONSULTANT tsitmll poform the sarvi<^ hexewider as an independ^ contractor. This AGREEMENT shall in no way be constmed to autf)orij» CONSULTANT or any of its employees or autttori^ ageo^ to act as the onployee or repr^entative of BLF. I t. AsrigaiaeBt: CONSULTANT agrees that it shall not as»gp or subcontract the sm^ia^ desarfbed h^in, or any part thereof, without the pricM- wrttten approval of BLF. CONSULTANT may, however, subcontract eiem^ts of thc work lo others, but CONSULTANT shall remain responsible for all terms of this AGREEMENT. 12. iBSttraace: CONSULTANT maintain insuranoe in ttie following minimum amounts aiwl within two wedis of the date of tfiis con&act, provkle certificates thai deoKMishrate fidl compliance with tfie requirm»»i^ of ttiis provision (1) GenatU Liability: For personal and bodily injury, including death and ptopetty damage in the amount of $1,000,000 each occwnawe aiMl $2,000,000 geiMral ^gregate; (2) AutonKtbiie Liability: For pmonal and bodily injivy including death, and pn^imty dmiu^e in an ^notsit not le^ than $1,000,000 per occurrenoe, ami (3) Worker's C<Hnpem«ti(m: As requirtxi by law. 13. I>isp«te RcsfrivMoa: In an effort to resolve any txmflicts tfiat may imse dimng the project or following project completicn, CONSULTANT and BLF agree tfiat all disfaites between then arising out of or relating to this AGREEMENT shall be submitted to noi^bindtng nwdiatkm unless the parties mutually agree otherwise. 14. iRdemaiffeatkMi: CONSULTANT agrees, to ttie fiille^ extent permitt^ by law, to indemnify and hold BLF harmless from any damage, liabitity or cost (tncln^ing reasonable attorneys* fees and c«>sts of defense) to the extent caused by CONSULTANTS negli^it acts, exrtm or canissions in Ihe poformance of professional services under this AGREEMENT and those of its subconsultants or anyone for whcxn CONSULTANT is legally liable. BLF ai^s, to ttic fiillcs* extent petmittcd by law, to iiKlenttiil^^ and hold CONSULTANT harmless from any damage, liability or cost (incliMjii^ reasonable attovney's fe^ «td costs of def«»ise) to the extent caused BLF's negligent acts, cnws m omissioiB aid tfxM* of its (xmtracfors, suba»itraK:lors or consultants or anyone for whom BLF is legally liable, and arising from tfie project tfiat is tfie subject of tfiis AGREEMENT. 15. Ownership of DocaneBts: All documents, studies, drawings, maps, models, digital and paper files, photographs and repwts prepared by tfie CONSULTANT wider tfiis AGREEMENT shaii be considered ttic property of BLF upon payment of services performed by CONSULTANT. Said documents and maierials shall be delivered to BLF by CONSULTANT al tfic completion or t«minrtion of this contract. CONSUT-TANT may retain copies of all such documentation for its files. CONSULTANT docs, howevo-. reserve ttie right to utilize generic biological infonnalion collected during tfie course of the inv^gation to prepare scientific papers, taiks/seminars, or marketing materials fbr pubtic dissemination. 16. TerminatioH: CONSULTANT may terminate this AGREEMENT at any time upon giving BLF ten (10) days written notice. If AGREEMENT is temiinated in whote or pwt by CONSULTAm for reasons of defiiult by BLF, an equitable adjusmient in c<Hnpa^i<m shall be msde for work d«me>d satisfiKlory md i^eable BLF, bw no anKMjnt shall be allowed for laiperfomMid sm'iocs. Any payment to CONSULTANT shall be adjusted to ttie extent of any additional costs to CONSULTANT oocastooed by BLF's dcfiiult. 17. NoiidiseriniiBatioB: CONSULTANT shall not discriminate against any employee (w any applicant for employment because of ra*^ religion, color, sex, sexual orientation, AIDS, HIV status, disability, handicap, Vietnam Era veteran status, or iHttional (m&n in accofdance with all appiicat^ requiremoits of stete and federal law. CONSULI ANT shall ensure tfiitt applicsits are oonsidmxl and <miployees are treated during employment witfiout regard to any of tfiese bases, induding but not limhed to employment, uf^rading, demotion, transfer, recruitment, recmitment »lvmtsing. layoff, termination, rates of pay or otiier forms of compoisatioiu and selection for training including apprenticeship. CONSULTANT agrees to post in a ocHispicuous place available to employees and applicants for employment notices setting oul tfie provisions of tfiis nondiscrimination clause. CONSULTANT shall state, in all solicitatiws or advcitisem^ for employees, ttiat all qualified applicants will receive consideration for employment witfioul r^ard lo ttiesc bases. 18. Governing Law: This AGREEMENT shall be govemed by and construed in accordance with the laws of the State of California. 19. SevembUity and Survival: Any provision of tfiis AGREEMENI later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in fiill force and eUcct. 20. Saccessors and Assigas; Tbe provisions of ttiis AGREEMENT shall insure to ami bind each ofthe parties hereto, and each ofthe respective heirs, exeortors, adrainistralors, successors, and assigns. 21. Intcgratioii: This AGREEMENT comprises tfie final and complete AGREEMENT between CONSULTANT and BLF. U supercedes ail prior contemporaneous ccmimunications, representations, or AGREEMENTS, whether oral or written, relating to tiie subject matter of ttiis AGREEMEN r, Execution of tfiis AGREEMENT signifies tfiat each party has read the document diorou|^ly, has had aay questions explained by indcpisident counsel, if desired, and is satisfied with this final AGREEMENT, AmerKlmcnts to ttiis AGREEMENT shall not be binding unless made in writing and signed by botfi CONSUL FANT and BLF. 22. Authority: The individual signing tfiis AGREEMENT certifies ttiat he or she is an auttiorized representative of CONSULTANT and has tfie power and authority to bind CONSULTANT to tfiis AGREEMENT. IN WITNESS WHEREOF, ttie parties hereto have executed this AGREEMENT which is in efTcct as ofttie date above written when signed by botti parties. mON FQLrNDATION By: Title: Date: MERKEL & ASSOCiATES, INC. By: - Bsbt^ara L. Merkei Title: President Date: Mb% O Q EXHIBfT 1 SCOPE OF WOlUC MERKEL <fe ASSOCL4TES Batiquilos Lagoon Monitoring Program Phase I TASK Ll: PHYSICAL MONITORING PROGRAM B>t|iyBietric aad Beach Monitor ing To assess ttie volume of sediment accreted from offshore, San Marcos Creek, Encinitas Creek, surface runofT. and other watershed drmnage, a bathymetric survey of Batiquitos lagoon will be conducted in Spring 2008. The survey will include all areas of the west, central, and east basins ofthe lagoon below the line of v^e^ion. Contour plots will be generated to document currrat conditions and provide a comparison to eariier, post-restoration conditions. Tidal Moaitoripg To document tfie degree of tidal muting occurring in the Batiquitos Lagoon system, a tidal monitoring program will be initiated in Sping 2(X)8 and continue for one quaner (March, April, & May). Instruments will be deployed in each basin of the lagoon. Collected data will be compared to measured oceanic tides and tfic degree of tidal muting and lag determinKl, TASK L2: BIOLOGICAL MONIIORING PROGRAM This task will not be initiated at this time. TASK 13: Rt:wouTimi A single report will be generated following data collection under Task 1.1 and f^vickd to tfie Batiquitos Lagoon Foundation electronically and as 4 hard copies wiUiin 30 days of completion ofthe surv^'. SCHEDULE AND DELIVERABLK.<i Initiation of Work: Within 7 days of Notice to Proca^, Completion of Field Worfc: Within 120 days of initiation of work (to include 90-day tide study). Submission of Report: Within 30 days of compl^ion of field work. Deliverable: A single report including all results, battiymetric contour maps and analysis, tidal muting charts and analysis, and recommendations. The report will be provided to the Batiquitos Lagoon Foundation electronically on DVD and as 4 hard copies.