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HomeMy WebLinkAboutENVIRONMENT NOW 1c2W7 City of Santa Ana Clerk of the Council COTC Office Use Only AGREEMENT TERMINATION FORM 6 Please complete this form when the attached agreement and all rITY U F S amendments (if any) are no longer in effect. r"LFRIK f'11, - Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with No. A-2006-010 was completed on October 06 - and final payment has been made. (List all amendments. Use space below if needed.) Department: PRCSA Phone/Ext.: 5254 Signature: Date: 7/13/15 Revised 10-31-12 A-2006-010 INSURANCE NCi Vv09}t Mn, �QC; ED CLERk U! (�)UNl,'IL 2515 N'ilshirc Bonlevard, Santa Monica, California 90403 Telephone 310.829.6568 Fax 310.829.6820 f)ATS �') 13- C'G• mm.cnvironmcntnoih.org 19re ,A SOUTHERN CALIFORNIA WETLANDS RECOVERY PROJECT SMALL GRANTS PROGRAM PROJECT AGREEMENT SCOPE OF AGREEMENT Environment Now ("EN"), acting as a fiscal agent on behalf of the Southern California Wetlands Recovery Project, hereby grants to the City of Santa Ana Parks, Recreation, and Community Services Agency ("the grantee") a sum not to exceed twenty five thousand dollars ($25,000), subject to the terms and conditions of this agreement. These funds shall be used by the grantee for the Cienega de las Ranas Habitat Restoration at Thorton Park Project. The Project will restore wetland and riparian habitat at Carl Thorton Park, a 35 -acre park site located in Santa Ana. Restoration will consist of removing non-native exotic grasses and planting a combination of bulrush cattail and sedges, to be lined by a cottonwood -willow forest in certain areas. In appropriate adjacent upland areas, coastal sage scrub habitat will be restored. The grantee shall implement the project in accordance with this agreement and a work program to be approved by the WRP Small Grants Program Administrator (SGPA) pursuant to this agreement. The grantee shall provide any funds beyond those granted under this agreement that are needed to complete the grant tasks. CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT The grantee shall not commence the grant tasks and EN shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: I . The SGPA has approved in writing the work program, as required below, for the grant tasks. 2. Written evidence has been provided to EN that: a. Projects outside the coastal zone are being undertaken at the request of a local public agency (or agencies) having jurisdiction over the entire project area. b. All permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained. TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the office of EN. This agreement shall run from its effective date through October 2006 unless otherwise amended as provided in this agreement. L3 Environment Now Grant Agreement Page 2 WORK PROGRAM Prior to commencement of the project, the grantee shall submit a detailed work program to the SGPA for review and written approval. The work program shall include: 1. The specific tasks to be performed. 2. A schedule of completion for the project specifically listing the completion date for each project component and a final project completion date. 3. A detailed project budget. The work program shall have the same 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 SMPA's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall carry out the grant tasks in accordance with the approved work program. WORK PRODUCTS All materials and work products produced by the grantee as a result of this agreement are the property of the California Coastal Conservancy. BONDING If the grantee intends to use any contractor(s) on any portion of the project to be funded under this agreement, construction shall not begin until each such contractor has furnished a performance bond in favor of EN and the grantee, in the following amounts: for faithful performance, one hundred percent (100%) of the contract value; and for labor and materials, one hundred percent (100%) of the contract value. This requirement shall not apply to any contract for less than $20,000. COSTS AND DISBURSEMENTS The grantee shall request disbursements by filing with EN a detailed invoice that includes: • Grantees name and address • Date of invoice • Period during which work was actually done • Total amount of invoice • Break out of invoice costs by work program task that details staff time and benefits, subcontractors expenses, materials, and other expenses incurred • Signature of an authorized representative of the grantee The grantee must provide receipts, including subcontractor invoices, for all non -staff costs. The invoice shall also indicate cumulative expenditures to date, and the unexpended balance of funds under the grant agreement. With each invoice, the grantee shall submit a short progress report summarizing the current status of the work (budget, timeline, tasks, etc.). Environment Now Grant Agreement Page 3 [Continued[ Upon determination by EN that all "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, EN shall disburse to the grantee the invoiced amount. When 90% of the granted funds have been disbursed, the final 10% of the funding may be withheld pending satisfactory completion of the project. Disbursement of the final ten percent shall be made upon the grantee's satisfactory completion of the project to be determined by California Coastal Conservancy staff based on the goals and objectives set forth in the agreed upon work program. OPERATION AND MAINTENANCE The grantee shall maintain and operate the project throughout the term of this agreement, consistent with the purposes for which EN's grant to the grantee was made. The grantee assumes all operation and maintenance costs of these facilities and structures and that EN shall not be liable for any cost of such maintenance, management, or operation. 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 Executive Officer. For purposes of this agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "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. MITIGATION The grantee shall not use or allow the use for mitigation (in other words, to compensate for adverse changes to the environment elsewhere) of any portion of real property on which the grantee has used EN funding for construction, without the written permission of the Executive Officer. All funds generated in connection with any authorized or allowable mitigation on the real property shall be remitted promptly to EN until EN has been fully paid for all of its past, present, and future costs with respect to the real property, including, without limitation, staff, planning, development, restoration, operation and maintenance, and monitoring costs, and acquisition costs at fair market value as of the time mitigation is to begin. Throughout the term of this agreement, EN shall have the right to inspect the project area, for the project undertaken under this agreement, to ascertain compliance with this agreement. Environment Now Grant Agreement Page 4 LIABILITY The grantee shall be responsible for, indemnify and save harmless Earth Island Institute, EN, and the California Coastal Conservancy, a California State agency, its officers, agents and employees, from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of Earth Island Institute, EN, or the Conservancy, their officers, agents or employees. 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 Earth Island Institute, EN or the California Coastal Conservancy, a California State Agency, their officers, agents or employees, for any liability resulting from growing out of, or in any way connected with or incident to this agreement. Nothing in this agreement is intended to create in the public or any member of it rights as a third party beneficiary under this agreement. Throughout the term of this agreement, the grantee shall provide and maintain public -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. 1. Earth Island Institute, EN, and the California Coastal Conservancy, aCalifornia State Agency, their officers, agents and employees are included as additional insureds for any liability resulting from, growing out of, or in any way connected with or incident to this agreement. 2. The policy will not be cancelled or reduced in coverage without thirty days' prior written notice to EN. Earth Island Institute, EN, and the California Coastal Conservancy shall not be responsible for premiums and assessments on any insurance policy. LOSS INSURANCE Throughout the term of this agreement, the grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this agreement. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty days' prior written notice to EN. EN is not responsible for premiums and assessments on any insurance policy. Environment Now Grant Agreement Page 5 AUDITS/ACCOUNTING/RECORDS The grantee shall maintain financial accounts, documents, and records (collectively, "records") relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting Practices" ("GAAP") published by the American Institute of Certified Public Accountants. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to the implementation of the grant tasks, and the use, management, operation and maintenance of the real property. Time and effort reports are also required. The grantee shall maintain adequate supporting records in a manner that permits tracing from the request for disbursement forms to the accounting records and to the supporting documentation. Additionally, EN or its agents may review, obtain, and copy all records relating to performance of the agreement. The grantee shall provide EN or its agents with any relevant information requested and shall permit EN or its agent's access to the grantee's premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations. The grantee shall retain the required records for a minimum of three years following the later of final disbursement by EN, and the final year to which the particular records pertain. The records shall be subject to examination and audit by EN and the Bureau of State Audits during the retention periods. If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors. EN may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement. NONDISC. UMINATION During the performance of this agroement, the grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy-di5ability4cave. The grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The grmiteeand 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, subcontracts, and grant agreements entered into to perform work provided for under this agreement. Environment Now Grant Agreement Page 6 COMPUTER SOFTWARE The grantee certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this contract, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws. AMENDMENT Except as expressly provided in this agreement, no change 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. The parties have executed this agreement hereto, upon the date signed. Environment Now r i By Terry O'Day, C Date RECOMMENDED FOR APPROVAL AS TO CONTENT: (SIGNATURE PAGE ATTACHED) g lclt 0`'1r0l-pl II Printed Name of Person Signing AAra 1� �. Q iA+o0. Am ?R -CS i"" Title and 0-7-2b-�S Date Environment Now Grant Agreement Page 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney RECOMMENDED FOR APPROVAL SOUTHERN CALIFORNIA WETLANDS RECOVERY PROJECT SMALL GRANTS PROGRAM GRANTEE "Dire City of Santa Ana Parks, Recreation and Community Services CITY OF SANTA AN DAVID N. REAM City Manager