Loading...
HomeMy WebLinkAbout1988-06-14; City Council; Resolution 88-190P. i .- .. II a 0 fi 1 2 3 4 5 6 7 a 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ RESOLUTION NO. 88-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAI I CALIFORNIA, APPROPRIATING FUNDS AND APPROVING A JOINT POWERS AGREEMENT AMONG THE CITY, THE BUENA VISTA LAGOON FOUNDATION, AND THE CALIFORNIA DEPARTMENT OF FISH AND GAME TO CONSTRUCT A NATURE VISITATION AREA WHEREAS, the City Council of the City of Carlsbad, Cali: has determined it necessary, desirable, and in the 1 interest to assist in the construction of a nature visi- area at the Buena Vista Lagoon; and WHEREAS, the City Council of the City of Car. California, has determined it necessary, desirable and i public interest to utilize its resources and administ: capabilities to expedite the project and further the 1 interests of the City, the Buena Vista Lagoon Foundation, a: 'State of California Department of Fish and Game; and WHEREAS, the City, the California Department of Fis :Game, and the Buena Vista Lagoon Foundation will to! cooperate under the terms of the Joint Powers Agreeme construct the Buena Vista Lagoon Nature Visitation Area; NOW, THEREFORE, BE IT RESOLVED, by the City Council ( City of Carlsbad, California, as follows: .l. That the above recitations are true and correct. 2. That the Joint Powers Agreement among the City of Carlsbad, the California Department of Fish and Game, a] Buena Vista Lagoon Foundation, hereto attached, is approved. 3. That the Mayor and City Clerk of the City of Carlsb hereby authorized and directed to execute said Agreement fo ;. k .. 5 1 2 3 4 5 6 7 8 9 10; 11 12 13 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 28 a Q hereby authorized and directed to execute said Agreement fa on behalf of the City of Carlsbad. 4. That a funds transfer in the amount of $30,000 fro Account No. 300-820-1840-3204 and an additional appropriat $30,000, subject to reimbursement from the Bunea Vista Foundation as provided for in the Joint Powers Agreemei project account No. 300-820-1840-3304 is hereby approved, 5. That following the execution of said agreement 1 Mayor, the City Clerk is hereby authorized and direct forward copies of said agreement and this resolution to the Vista Lagoon Foundation and the State of California, Depa of Fish and Game, attention C.T. Dolan, 245 West Broadway, 160, Long Beach, Califonria 90802 for execution by the St California. Following receipt of returned executed copies agreement from the State, the City Clerk is further auth and directed to forward copies of the completed documents Buena Vista Lagoon Foundation and the City's Municipal Pr Department for reference and information. PASSED, APPROVED AND ADOPTED at a regular meeting ( Carlsbad City Council held on the 14th day of June 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsol NOES : None ABSENT: None CLAUDE A.$ LEWIS, Mayor ATTEST: &% /Q- ALETII L. RAUTENKRANZ, City /Clerk (SEAL) . '. 0 0 AN AGREEMENT AMONG THE CITY OF CARLSBAD, THE BUENA VISTA LAGOON FOUNDATION, AND THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME TO CONSTRUCT AND MAINTAIN A VISITATION AREA AT THE BUENA VISTA LAGOON THIS JOINT POWERS AGREEMENT is entered into this of , 1988, among the CITY OF CARLSBAD, a munj corporation, hereinafter referred to as 8tCity,g* the BUENA LAGOON FOUNDATION, a private non-profit organization, hereir referred to as I*Foundation,*l and the STATE OF CALI1 DEPARTMENT OF FISH AND GAME, hereinafter referred t "Department. It WITNESSETH: WHEREAS, the Foundation has secured a grant from the of California, Department of Parks and Recreation, in the e of $30,000 to construct a visitation area on a parcel of located between the southeast corner of the Buena Vista I hereinafter referred to as *lLagoon*t and the intersectic Jefferson Street and Marron Road: and WHEREAS, said parcel of land has been conveyed to the of California under jurisdiction of the Department: and WHEREAS, the City and the Foundation together desi: provide safe access for the public to passively observe wil in the Lagoon and the surrounding shore area: and WHEREAS, the Department desires to increase public awaz and appreciation of wildlife by providing access thereto: ar . .I 0 0 WHEREAS, the Department also desires to improve its own a to. the Lagoon for close observation and monitoring of nati endangered wildlife; and WHEREAS, it would be expedient for the Department an1 Foundation to utilize the City's resources and administrative capabilities to expedite the Project; and WHEREAS, the Department, Foundation, and City, in an e to coordinate construction, have determined that it will the mutual benefit of all parties to accomplish the Pr under City contract: and WHEREAS, the Department and City are authorized to into a Joint Powers Agreement pursuant to Government Code Se 6500 et seq.: and WHEREAS, the Department, Foundation, and City desire t forth their respective rights and obligations concerninc Project ; NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, : AGREED AS FOLLOWS: 1. The Foundation shall: a. Name an authorized representative for the proje b. Review the conceptual and preliminary pr drawings in order to provide suggestions for improvinc access, attractiveness, and public benefit of the project. c. Forward to the State of California, Departme: Parks and Recreation, items specified by the Department of and Recreation, as the funding agency, in its Project Agre 2 0 0 (Exhibit A, attached). Upon receipt of the grant disburseme portion thereof, the Foundation will immediately transmit grant funds to the City. d. Provide volunteer labor as appropriate unti: landscaping is completed and established. e. Provide volunteer assistance as appropriat clean-up of finished facility. 2. The Department shall: a. Name an authorized representative for the Proje b. Evaluate the project design for conformance tl Negative Declaration that the Department has filed on project in accordance with the California Environmental Qu Act (CEQA) . c. Obtain all non-City permits required to accom the Project . d. Department authorized representative to pr City written approval of final construction plans specifications prior to advertisement for bids for the Pro said approval shall be transmitted to City within thirty days following receipt of acceptable plans by Department. e. Authorized representative shall have ten (10) of the project bid opening within which to provide the written notice of approval to award the contract. Failul provide written approval in said period shall be deemed app to award the contract. 3 0 0 5. The City shaif: a. Prepare and circulate for approval conceptua: preliminary plans. b. Obtain all City permits. c. Prepare contract documents. d. Assemble all documents necessary for bidding. e. Advertise for bid. f. Provide contract administration and constru engineering for the Project. g. Appropriate the funds necessary for project de construction, and administration. Project costs exceedin $30,000 grant as disbursed in l(c) above shall be responsibility of the City. Design and construction cost adjacent street right-of-way improvements shall be paid b city. h. Furnish Department reproducible "as built" pla the Project and file a Notice of Completion for the Projec i. Provide a final project accounting and report t Department and Foundation. j. Maintain the site by picking up trash, emy trash cans, sweeping the parking lot of any debris, and cle the runoff basin. 4. a. The facilities to be constructed under agreement include but are not limited to an asphalt drivewz parking striped for approximately twenty (20) automobiles. paved area will be sloped to the corner nearest the lagoon 4 0 e that location, a permanently maintained concrete sediment an trap will be constructed to intercept site drainage ru Removable and lockable pole barriers will be installed at th west corner of the site for the exclusive use and acce: Department personnel. The site will be landscaped with drought resi species. A berm and wood pole barrier shall be installed a the parking lot to protect plants and wildlife on the rema of the site from unauthorized vehicle entry. A minimum o (2) park benches, three (3) trash receptacles, and twc parking lot lights will also be installed. Additional an items and an informational kiosk may be added as funding per Apart from the above items, the City will constru its own funding sources additional improvements within Jefferson Street right-of-way. These items shall include bu be limited to a raised concrete median, concrete curb, gu sidewalk, and driveway apron. A bike lane will be establish the road shoulder west of the visitation area. 5. The actual cost of constructing Project shal computed as follows: (A) Actual preconstruction costs of: (1) Design engineering (2) Preparation of construction plans specifications (B) Actual City cost of: (1) Contract administration and 5 0 0 (2) Construction inspection (C) Final construction cost based on contract prices and actual quantities of items. The portions of the above cost items (Al) and (C) that are attributable to street right-of-way improvements be identified as the City's responsibility to fund. 6. City will maintain a complete and accurate reco: all expenditures made from project account, incl identification of the recipients and the purpose therefo~ detailed financial accounting will be included in the project report from City to Foundation. Upon completion o Project, any unspent grant funds remaining in said ac following disbursement to City under Paragraph l(c) abovc final payment to contractor shall revert to the original fv agency (State of California, Department of Parks and Recreat 7. City shall retain all documents used to pr accounting reports throughout the term of this agreement an a period of three (3) years thereafter, and shall make available to the Department or the State Auditor Genera review upon reasonable request during said period. 8. During construction, City shall assign a qual inspector to the Project who will use his best effort to E that construction is accomplished in accordance with the and specifications. 6 0 e 9. City shall file a Notice of Completion for the Pr after final acceptance of the work. 10. Department shall, insofar as it may legally dc indemnify and hold harmless City and Foundation and officers and employees from any injuries, damage, or liabili arising from any errors, omissions, or negligence in Departn performance of this agreement. 11. City shall, insofar as it may legally do so, indc and hold harmless Department and Foundation and thei~ officers and employees from any injuries, damage or lial arising from any errors, omissions, or negligence in ( performance of this agreement. 12. Foundation shall hold harmless Department and City its officers and employees from any injuries, damag liability arising from any errors, omissions, or negligen Foundation's performance of this agreement or negligence i Foundation's performance. 13. This agreement may be amended by mutual consent c parties hereto. 14. Unless extended by written amendment, the term of agreement shall commence on the date first above writte continue through the date the Notice of Completion is fil until the State certifies in writing that the Project is con and that the City has satisfied its obligation, whichever c first . 7 0 e IN WITNESS WHEREOF, we have entered into this Joint I Agreement on the day and year first above written. APPROVED AS-TQ FORM: City Attorney ATTEST : wl. 6?hY Aletha L. Rautenkranz, CITY -077 CFSBPD : /;- .'; ,/.' I 1' /? /.I )$@ //:; ,,., $7 ,./+A ,y' ., /9 L I - 1 ,./ /[{,."cy Claude A. Lewis, Mayor STATE OF CALIFORNIA, DEPARTMENT OF FISH AND GZ! City Clerk Contract Manager BUENA VISTA LAGOON FOUNDA F&d26l&ze Ron Wootton, President 8 State of California - Tho Roourcr AOIQN a DEPARTMENT OF PARKS AND RECRE . EXHIB: PROJECT AGREEMENT CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984 APPLICANT PROJECT TITLE Buena Vista Lagoon Foundation Duck Landing Restoration PROJECT NUMBER __ a PROJECT PERFORMANCE PERIOD Date of Appropriation to June 30, 19 90 Under the terms and conditions of rhls agreement, the appllcant agrees to complete the project as described in the proiec descrlptlon. and the Slate of Califomla. actlng through Its Dtrector of Parks and Recreat~on pursuant to the California p, Recreational Facilitles Acr of 1984, agrees 10 fund the project UP to the total state grant amount indicated. PROJECT DESCRIPTION: Restoration of a portion of the Buena Vista Lagoon shoreline fc public access and use and related improvements. Total State Grant not to exceed $ 30 too* Buena Vista Lagoon Foundation BY The General Provisions attached are ma of and are incorporated into the Agreer Y Title surer Oat: STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREAT " By Title 1-p BY Date ?/2dV Date CERTIFICATION OF FUNDING CONTRACT NUMBER f UND ~ ~- I PARKLANOS FUND OF 1984 PROJECT NO. AMOUNT OF THIS ESTIMATE STATUTES CHAPTER ITEM UNENCUMBERED BALANCE APPROPRIATION 84-N-37001 $30,000.00 $ 37QO-iOi- 722 @) (20) ADJ. INCREASING ENCUMBRANCE /I / 1985 I FUNCTION $ $ ADJ. DECREASING ENCUMBRANCE LINE ITEM ALLOTMENT I hereby cert~fv upon my own personal knowledge chat budgeted funds are avallable for this encumbrance, SIGNATURE OF ACCOUNTING OFFICER DATE T.B.A. No. DPR 736 (3/85) . L e a CALIFORNIA PARK & RECREATIONAL FACILITIES ACT OF 1984 Project Agreement Speclal Provisions General Provisions A. Definitions 1. The term “State” as used herein means the California State Department of Parks and Recreation. 2, The term “Act” as used herein means the California Park & Recreational Facilities Act of 1984. 3. The term “Project” as used herein means the project which is described on page 1 of this agreement. 4. The term “Applicant” as used herein means the party described as applicant on page 1 of this agreement. 8. Project Execution 1. Subject to the availability of grant moneys in the Act, the State hereby grants to the Applicant a sum of money (g moneys) not to exceed the amount stated on page 1 in consideration of and on condition that the sum be expende . carrying out the purposes as set forth in the Description of Project on page 1 and under the terms and condition forth in this agreement. Applicant agrees to assume any obligation to furnish any additional funds that may be necessary to complete project. Any modification or alteration in the project as set forth in the application on file with the State mur submitted to the State for approval. 2. The Applicant agrees to complete the Project in accordance with the time of project performance set forth on pag and under the terms and conditions of this agreement. 3. Development plans and specifications or Force Account Schedule shall be reviewed and approved by the State. 4. The Applicant shall secure completion of the development work in accordance with the approved development PI and specifications or Force Account Schedule. 5. The Applicant shall permit periodic site visits by the State to determine if development work is in accordance with approved plans and specifications or Force Account Schedule, including a final inspection upon Project completi 6. All significant deviations from the Project shall be submitted to the State for prior approval. C. Project Costs . The Grant moneys to be provided Applicant under this agreement may be disbursed as follows: 1. State may disburse up fo 10% of the State grant amount set forth on page 1 of this agreement upon full execution the agreement. 2. State may disburse up to 100% of the State grant amount set forth on page 1 of this agreement upon receipt a approval by State of Applicant’s plans and specifications or Force Account Schedule. 3. After approval by State of Applicant’s plans and specifications or Force Account Schedule and after completion of t Proiect or any phase or unit thereof, State may disburse to Applicant upon receipt and approval by State of a staterne of incurred costs from Applicant the amount of such approved incurred costs shown on such statement, not to exce the State grant amount set forth on page 1 of this agreement, or any remaining portion of such grant amount to t extent of such statement. The statements to be submitted by Applicant shall set forth in detail the incurred or estimated cost of work perform1 or to be performed on development of the Project and whether performance will be by construction contract or I force account. Statements shall not be submitted more frequently than ninety day periods unless otherwise request1 by State. Modifications of the development plan and schedule must be approved by State prior to any deviation from the St: approved plan and schedule unless previously authorized by the State. D. Project Administration 1. The Applicant shall promptly submit such reports 3s the State may request. In any event Applicant shall provide State a report showing total final Proiect expenditures. DPR 737 (3/85) 2 .. /: 1 1 ., e 0 / 2. Property and faciIities deveioped pursuant to this agreement shall be available for inspection by the State up( 3. The Applicant shall UK any moneys advanced by the State under the terms of this agreement solely for 1 herein described. 4. If grant moneys are advanced, the Applicant should place such moneys in a separate interest bearing account, . and identifying such account prior to the advance, interest earned on grant moneys shall be used on the proj to the State. If grant moneys are advanced and not expended, the unused portion of the grant sball be retur State within 60 days of completion of the Project or end of the Project performance period, whichever 5. Income earned by the Applicant from a State approved non-recreational use on a grant project shall be usel ational purposes at the grant project, or, if approved by the State, for recreational purposes within the I jurisdiction. E. Project Termination 1. The Applicant may unilaterally rescind this agreement at any time prior to the commencement of the Prc Project commencement this agreement may be rescinded, modified or amended by mutual agreement 2. Failure by the Applicant to comply with the terms of this agreement or any other agreement under the P cause for suspension of all obligations of the State hereunder. 3. Failure of the Applicant to comply with the terms of this agreement shall not be cause for the suspension o tions of the State hereunder if In the judgment of the State such failure was due to no fault of the Applica case, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall for reimbursement under this agreement. 4. Because the benefit to be derived by the State, from the full compliance by the Applicant with the terms oi ment, is the preservation, protection and net increase in the quantity and quality of beaches, parks, pub1 recreation facilities and historical resources available to the people of the State of California and because 51 exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by w . moneys under the terms of this agreement, the Applicant agrees that payment by the Applicant to the amount equal to the amount of the grant moneys disbursed under this agreement by the State would be compensation to the State for any breach by the Applicant of this agreement. The applicant further agree' that the appropriate remedy in the event of a breach by the Applicant of this agreement shall be the specific performance of this agreement. F. Hold Harmless 1. Applicant hereby waives all claims and recourse against the State including the right to contribution for los! to persons or property arising from, growing out of or in any way connected with or incident to this agreen claims arising from the concurrent or sole legligence of State, its officers, agents, and employees. 2. Applicant shall indemnify, hold harmless and defend State, its officers, agents and employees against any ant demands, damages, costs, expenses or liability costs arising out of the acquisition, development, constructior or maintenance of the property described as the Project which claims, demands or causes of action arise I Law or otherwise except for liability arising out of the concurrent or sole negligence of State, its officers employees. 3. In the event Stare is named as codefendant, the Applicant shall notify State of such fact and shall represent legal action unless State undertakes to represent itself as codefendant in such legal action in which event Stal its own litigation costs, expenses, and attorney's fees. 4. In the event of judgment entered against State and Applicant because of the concurrent negligence of State cant, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be court of competent jurisdiction. Neither party shall request a jury apportionment. G. Financial Records 1. The Applicant shall maintain satisfactory financial accounts, documents and records for the Project and them available to the State for auditing at reasonable times. Such accounts, documents and records shall be the Applicant for three years following project termination or completion. During regular office hours each of the parties hereto and their duly authorized representatives shall have inspect and make copies of any books, records or reports of the other party pertaining to this agreemenl related thereto. Applicant shall maintain and make available for inspection by State accurate records of all disbursements and receipts with respect to its activities under this agreement. 2. The Applicant may use any generally accepted accounting system. 3 -. e H. Use of Facilities a 1. The property acquired or developed with grant moneys under this agreement shall be used by the Applicant on11 the purpose for which the State grant moneys were requested and no other use of the area shall be permitted excer . specific act of the Legislature. 2. The Applicant agrees to maintain and operate the property acquired or developed for a period commensurate wit} type of project and the proportion of State grant funds and local funds allocated to the capital costs of the prc I. Nondiscrimination 1. The Applicant shall not discriminate against any person on the basis of sex, race, color, national origin, age, reli ancestry, or physical handicap in the use of anv property or facility acquired or developed pursuant to this agreer: 2. The Appiicant shall not discriminate against anv person on the basis of residence except to the extent that reasof differences in admission or other fees may be maintained on the basis of residence and pursuant to law. 3. All facilities shall be open to members of the public generally, except as noted under the special provisions 01 project agreement. _. 4