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HomeMy WebLinkAbout2002-07-23; City Council; 16824; Acceptance of Grant & Appropriation of Funds' CITY OF CARLSBAD - AGENDA BILL I AB# ~G,FI?& MTG. 7/23/02 TITLE: DEPT. ARTS ACCEPTANCE OF GRANT DEPT.HD. w AND APPROPRIATION OF FUNDS CITY ATTY. RECOMMENDED ACTION: 2002-210 Adopt Resolution No. / accepting a $3,000 Agricultural Program Grant from the Resource Conservation District of Greater San Diego County. I ITEM EXPLANATION: The Agricultural Program Grant provides funding which allows the Arts Office to work in partnership with Carlsbad schools and children's service groups to present workshops in chalk art on the subjects of local flower crops. These workshops will train artists, children and the public at large in the process of chalk street drawing, which is a major element of the Artsplash! Community cultural festival taking place September 28 and 29, 2002 on Armada Drive. I FISCAL IMPACT: The Agricultural Program Grant does not require any matching funds. It is a one-time grant to be expended in full between July and October 2002. Staff requests the Finance Director be authorized to appropriate $3,000 in the Arts Office grant fund, 1894002. EXHIBITS: 1. Resolution No. 2002-210 2. Letter of Grant Award from Resource Conservation District 1 2 3 4 5 6 7 8 9 la 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 . I RESOULUTION NO. 2002-210 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ACCEPTING AN AGRICULTURAL PROGRAM GRANT FROM THE RESOURCE CONSERVATION DISTRICT OF GREATER SAN DIEGO COUNTY WHEREAS, City Council goals include, “to implement proactive strategies that provide the necessary resources to ensure a high quality of life,” and to “promote and support continuous learning opportunities;” and I WHEREAS, the Carlsbad Cultur+l Arts Office has worked collaboratively with local schools and organizations to present arts participation opportunities since 1986; and I WHEREAS, the Cultural Arts Office applied for znd received a $3,000 grant from the Resource Conservation District of Greater San Diego County, to conduct educational chalk art workshops with a floral agriculture theme to assist students and the public at large to participate in the Artsplash street art project, 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 $3,000 Agricultural Program Grant from the Resource Conservation District of Greater San Diego County is hereby accepted. 3. That the Finance Director is hereby authorized to appropriate $3,000 into the Arts gram S1nd account for the uses described herein. PASSED, APPROVED AND ~OPTED, at a regular meeting of the City Council I- of the City of Carlsbad. California, held on the mday of JULY , 2002, by the following vote, to wit: ‘U ?-- AYES: Council Members Lewis, Nygmrd+ ‘.qll NOES: None ABSENT Council Members Kulchin, a Resource Conservation District Phone: (760) 745-2061 of Greater San Diego County FAX: (760) 745-3210 332 S. Juniper Street, Suite 110 'b Escondido, CA 92025 Email: inquirics@rcdsandiego.org Website: http://www.rcdsandiego.org Colleen Finnegan Carlsbad Arts Office 1200 Carlsbad Village Dr Carlsbad, CA 92008 March 28, 2002 Dear Ms. Finnegan The agricultural grants selection committee met on February 21, 2002 to further review grant applications and to make recommendations to the Resource Conservation District's board of directors. It is my pleasure to inform you that your project was among those recommended for funding. Your project has been approved by the Resource Conservation District's board of directors for funding in the amount of $3,000 and we are waiting for final approval from the California Coastal Conservancy. Once Coastal Conservancy has approved the funding of your project, I will call you to set up a meeting to sign your contract. Should you have any questions, please give me a call at (760) 745-2061. I look forward to working with you soon. Sincerely, Kelly Catlett Agricultural Grants Administrator GRANT AGREEMEN - I CONTRACT NUMBER 02-67 I THIS AGREEMENT, made and entered into this- day of JULY , 2002, in the State of California, by and between the Resource Conservation District of Greater San Diego County, through its duly elected, qualified, and acting President, hereafter called the RCD, and GRANTEE'S NAME Citv of Carlsbad the Grantee, with respect to the following facts and circumstances: , hereafter called RECITALS WHEREAS, agriculture is a vital component of the economy of the City of Carlsbad, providing employment and producing food, nursery, and floriculture products; WHEREAS, the Carlsbad Agricultural Improvement Fund ("CAIF") was established by the Local Coastal Program of the City of Carlsbad, and, pursuant to Public Resources Code Section 30171.2, CAIF may be used to facilitate long-term agricultural production within the City of Carlsbad; WHEREAS, pursuant to the Local Coastal Program of the City of Carlsbad, the State Coastal Conservancy administers CAIF; WHEREAS, the State Coastal Conservancy and the Resource Conservation District of Greater San Diego County (the "RCD") have entered into agreement No. 92-024, dated October 19, 1992, by which guidelines have been established for the operation of the Agricultural Research Grant Program, and CAIF funds have been authorized for disbursement to the RCD for the establishment and operation of the Agricultural Research Grant Program; (Continu'ed on the following pages) IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. RCD OF GREATER SAN DIEGO COUNTY GRANTEE 1 332 S. Juniper SI., Sle. 110 Escondido. Ca. 92025 City of Carlsbad Contract No. 02-67 Page 2 WHEREAS, City of Carlsbad (the "grantee") has submitted an application, attached and incorporated into this document as Exhibit A, for funds from the Agricultural Support Grant Program, which application has been approved for funding by the RCD; NOW, THEREFORE, in consideration of the facts described above and for other good and valuable consideration, the RCD and the grantee agree to the following terms and conditions: AGREEMENT SCOPE OF AGREEMENT The RCD hereby grants to the grantee a sum not to exceed three thousand dollars ($3,000), subject to the terms and conditions of this agreement. These funds shall be used by the grantee to complete the following project ("the project"): An educational outreach program which will develop Chalk Festival participants prepared to execute artwork on local floriculture, agriculture, and aquaculture resources. The grantee shall carry out the project in accordance with this agreement and a work program to be approved by the President of the RCD ("the President") pursuant to this agreement. The grantee shall provide any funds beyond those granted under this agreement that are needed to complete the project. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT The grantee shall not commence the project and the RCD 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 board of directors of the grantee authorizing the execution of this agreement and approving its terms and conditions. 2. The President has approved in writing the work program for the project 3. Written evidence has been provided to the RCD that: a. All permits and approvals necessary to the completion of the project under applicable local, state, and federal laws and regulations have been obtained. b. The grantee has provided for liability insurance and an additional insured endorsement, as described in the "LIABILITY" section of this agreement. City'of Carlsbad Contract No. 02-67 Page 3 TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the offices of the RCD 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 March 31, 2003 ("the termination date") unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by December 31, 2002 ("the completion date"). AUTHORIZATION The signature of the President of the RCD on this agreement certifies that at its March 27, 2002 meeting, the RCD adopted a resolution attached as Exhibit B. This agreement is executed pursuant to that authorization. City of Carlsbad Confract No. 02-67 Page 4 Standard Provisions WORK PROGRAM Prior to commencement of the project, the grantee shall submit a detailed work program to the President for review and written approval of its consistency with this agreement. The work program shall include: 1. A list and description of the principal components of the project. These components shall include a plan or plans for disseminating information obtained from the project to individuals and organizations involved with Carlsbad agriculture who may benefit from information. 2. A schedule of completion of 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 sources of monies, materials, and labor. The grantee shall review the schedule and budget with RCD staff. If any portion of the project to be funded under this agreement will be performed by third parties (“contractors”) under contract with the grantee, prior to final selection, the grantee shall submit to the President for written approval the names of all contractors that the grantee intends to hire. 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 President’s written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall administer the project in accordance with the approved work program. COSTS AND DISBURSEMENTS Upon determination by the RCD that all “CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT” have been fully met, the RCD shall 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, upon satisfactory progress in accordance with the approved work program. At the sole discretion of the RCD, disbursements may also be made for costs incurred at a later date. All disbursements shall require the grantee’s submission of a “Request for Disbursement” City of Carlsbad Contract No. 02-67 Page 5 form, which shall be submitted not more frequently than monthly, but no less frequently than annually. The grantee shall request disbursements by filing with the RCD fully executed “Request for Disbursement” forms (available from the RCD). The grantee shall include on the forms its name and address, the number of this agreement, the date of the submission, the amount of the invoice, an itemized description of all work that has been or will be done for which disbursement is requested, and the period during which the work was or will be done. The forms shall be signed by an authorized official of the grantee. Each form shall be accompanied by any supporting invoices or other source documents from contractors and others that the grantee engaged to complete any portion of the project funded under this agreement. For requests for disbursement in advance of work actually done, the grantee shall submit pro forma invoices from contractors and others who will be involved with the project. If the RCD disburses an amount in advance to the grantee, the RCD shall not be obligated to make subsequent disbursements until the grantee has submitted to the RCD supporting invoices or other source documents verifying that the advance disbursement was used for the purpose or purposes intended. Failure to fully execute and submit a “Request for Disbursement” form, including attachment of supporting documents, will relieve the RCD of its obligation to disburse funds to the grantee unless and until all deficiencies in the form are rectified. EXPENDITURES OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The grantee shall expend funds in the manner described in the approved project budget. The allocation of the RCD’s total grant among the major cost categories in the project budget may vary by as much as ten percent without approval by the President. Any difference of more than ten percent must be approved in writing by the President. The RCD may withhold payment for changes in particular budget items 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 of this agreement. Any increase in the funding for any particular budget item shall mean a decrease in funding for one or more other budget items unless there is a written amendment to this agreement. PROJECT COMPLETION Within ninety days following completion of the project, the grantee shall supply the RCD with evidence of completion by submitting a final report which includes a fully executed final “Request for Disbursement” form. Within thirty days of grantee’s compliance with this paragraph, the RCD shall determine whether the project has been satisfactorily completed, the RCD 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. City of Carlsbad Contract No. 02-67 EARLY TERMINATION AND FAILURE TO PERFORM Page 6 Prior to the completion of the project, either party may terminate this agreement for any reason by providing the other party with seven days advance notice in writing. If the RCD terminates the agreement prior to the completion of the project, the grantee shall take all reasonable measures to prevent further costs to the RCD under this agreement, and the RCD will be responsible for all costs and non-cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate, hut 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 RCD of all amounts disbursed by the RCD under this agreement. The RCD 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 RCD may have for breach of this agreement. OPERATION AND MAINTENANCE The grantee shall maintain any facilities and structures constructed as part of the project and shall operate these facilities and structures throughout the term of this agreement consistent with the purpose for which the RCD’s grant was made. The grantee may be excused from its obligations for operation and maintenance during the term of this agreement only upon the written approval of the President. For purposes of this agreement, “operation costs” include direct costs incurred for materials and labor needed for operations, utilities, insurance, and expenses necessary to produce gross revenues. “Maintenance costs” include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. INSPECTION Throughout the term of this agreement, the RCD shall have the right, with reasonable advance notice, to inspect the project area to ascertain compliance with this agreement. LIABILITY The grantee shall be responsible for, indemnify, and hold harmless the RCD and the State Coastal Conservancy, their officers, employees, and agents, from and against any and all liabilities, loss, expense (including reasonable attorney’s fees), or claims for injury or damages resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of the RCD or the State Coastal City of Carlsbad Contract No. 02-67 Page 7 Conservancy, their officers, employees, or agents. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the RCD or the State Coastal Conservancy, their officers, employees, or agents 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 provide and maintain p.ublic- liability and property-damage insurance for liability assumed by the grantee under this agreement with minimum limits of liability as follows: A single limit for bodily injury (including death) and property damage liability combined of $1,000,000 each occurrence and $1,000,000 in the aggregate. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The liability insurance policy shall contain an endorsement specifying that: a. The RCD and the State Coastal Conservancy, their officers, employees, and agents are included as additional insureds for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. b. The policy will not be canceled or reduced in coverage without thirty days prior written notice to the RCD. Neither the RCD nor the State Coastal Conservancy is responsible for premiums and assessments on any insurance policy. 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/RECORDS The grantee shall maintain standard financial accounts, documents, and records relating to the project. The grantee shall retain these documents for three years following the date of final disbursement by the RCD under this agreement, regardless of the termination date. The documents shall be subject to examination and audit by the RCD and the State Coastal Conservancy during this period. The grantee may use any accounting system which follows the guidelines of “Generally Accepted Accounting Practices” published by the American Institute of Certified Public Accountants. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against any employee or applicant for employment on the basis City of Carlsbad Contract No. 02-67 Page 8 of race, religion, color, national origin, ancestry, physical disability, medical condition, marital status, age, or sex. The grantee and its contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. 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 entered into by the grantee to perform work provided for under this agreement. INDEPENDENT CAPACITY The grantee, and the agents and employees of the grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the RCD. ASSIGNMENT Without the written consent of the RCD, this agreement is not assignable by the grantee in whole or in part. TIMELINESS Time is of the essence in this agreement AMENDMENT Except as expressly provided in this agreement, no changes 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 San Diego