HomeMy WebLinkAbout2005 CON MWD - City Makeover Grant ProgramPROJECT 68874
CITY MAKEOVER PROGRAM GRANT FUNDING AGREEMENT
BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CITY OF NATIONAL CITY
CITY MAKEOVER PROGRAM FUNDING AGREEMENT
BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CITY OF NATIONAL CITY
TABLE OF CONTENTS
Section Page
CITY OF NATIONAL CITY 3
Recitals 3
Section 1: Project Description 3
Section 2: Agreement Term 4
Section 3: Agreement Administrators 4
Section 4: Responsibilities and Ownership 4
Section 5: Reporting Requirements and Milestones 5
Section 6: Notice 5
Section 7: Other Terms 6
Exhibits
Attachment No. 1: Monthly Progress Report
Attachment No. 2: Final Project Report
CITY MAKEOVER PROGRAM FUNDING AGREEMENT
BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CITY OF NATIONAL CITY
THIS AGREEMENT (Agreement) is made and entered into as of July 11, 2005 by and between
The Metropolitan Water District of Southern California (Metropolitan) and CITY OF
NATIONAL CITY. Metropolitan and CITY OF NATIONAL CITY may be collectively
referred to as "Parties" and individually as "Party."
Recitals
A. Metropolitan assists member agencies in conserving water supplies. The City Makeover
Program (Program) is designed to provide funding for new native and drought -tolerant
themed landscapes in prominent public locations and to use these landscapes for
educational programs for the community on use of native and drought -tolerant plants,
efficient irrigation techniques and site design;
B. The Program was established per authorization detailed in Board Letter No. 9-5 in
November 2002; and
C. CITY OF NATIONAL CITY elects to participate in Metropolitan's Program to create a
native and drought -tolerant themed landscape at Paradise Creek Educational Park, 1815
Hoover Ave., National City, CA 91950, between July 11, 2005, and January 31, 2006.
(Project).
NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, the
Parties do agree as follows:
Section 1: Project Description
1.1
CITY OF NATIONAL CITY will create a native and drought -tolerant themed landscape
at Paradise Creek Educational Park, 1815 Hoover Ave., National City, CA 91950, per the
original grant application accepted by Metropolitan. The Project's fmal design will be
subject to the approval of Metropolitan or its designated representative and must include
room for installation of signage provided by Metropolitan. The Project will be
maintained as a native and drought tolerant landscape according to professional
landscape standards for a period of not less than three (3) years following completion of
installation.
3
1.2 CITY OF NATIONAL CITY, at its sole discretion, may independently contract with its
own vendors under separate agreements for Project administration and management,
design, construction and maintenance provided that they present no conflict of interest in
Project performance.
Section 2: Agreement Term
2.1 This Agreement will be effective on July 11, 2005. CITY OF NATIONAL CITY will
complete all installation work by December 31, 2006, and provide a final report to
Metropolitan by March 15, 2007 (Term).
2.2 This Agreement may be amended at any time by written mutual agreement executed by
both of the Parties.
2.3 This Agreement may be terminated by either Party for any reason ten (10) days after
written notice to the other Party as provided in Section 6. Such termination may occur if
the funding mechanism for conservation programs is changed as a result of action by
Metropolitan's Board.
2.4 Upon termination, CITY OF NATIONAL CITY shall provide Metropolitan with
complete project documentation within 20 calendar days per the reporting requirements
in Section 5.
Section 3: Agreement Administrators
3.1 Ms. Gigi Hanna is appointed Agreement Administrator for Metropolitan for the purpose
of administering this Agreement and making any decisions in connection therewith on
behalf of Metropolitan. Leslie Deese is appointed Agreement Administrator for CITY
OF NATIONAL CITY for the purpose of administering this Agreement and making any
decisions in connection therewith on behalf of CITY OF NATIONAL CITY. The
designated Agreement Administrators may be changed by providing written notice to the
other Party as outlined in Section 6.
Section 4: Responsibilities and Ownership
4.1 All materials and supplies necessary to implement the Project shall be the exclusive
property of CITY OF NATIONAL CITY. Metropolitan shall have no ownership, right,
title, security interest, or other interest in any Project design, construction plans, facilities,
materials, or supplies, nor any rights, duties, responsibilities for operation or maintenance
thereof.
4.2 As Lead Agency for this Project, CITY OF NATIONAL CITY is responsible for assuring
that the Project complies with all federal, state, and local requirements.
4.3 CITY OF NATIONAL CITY is solely responsible for the performance of its staff or
representatives in complying with the terms of this Agreement and for the proper
allocation of funds provided by Metropolitan under this Agreement.
4
4.4 Metropolitan's total funding contribution shall be $75,000 payable in four installments of
$18,750. The first installment will be paid upon acceptance of this contract; the second
installment upon approval of final plans for the Project; the third installment upon project
groundbreaking and the final installment upon installation verification.
4.5 CITY OF NATIONAL CITY shall be responsible for all costs in excess of $75,000.
Section 5: Reporting Requirements and Milestones
5.1 CITY OF NATIONAL CITY will submit quarterly progress reports (Attachment No. 1)
to Metropolitan by the 15th of the month following the end of the quarter, with the first
report due October 15, 2005. These reports will include photographs of the work done
since the previous reporting period and will be the basis for Metropolitan issuing further
payment installments.
5.2 Metropolitan will release the second, third and fourth payment installments upon receipt
of an invoice from CITY OF NATIONAL CITY for the work completed.
5.3 At the completion of installation, CITY OF NATIONAL CITY will submit a detailed
report including site photos, plant palette, project budget, maintenance plan, and
education program (Attachment No. 2).
5.4 CITY OF NATIONAL CITY must meet the following milestones:
Milestone
August 15, 2005
Submission of final design to Metropolitan
for review
September 15, 2005
Final design completed
December 1, 2005
Project groundbreaking
January 31, 2006
Installation complete
March 15, 2006
Final report submitted
May 2006
Community and press event at project site,
organized in conjunction with Metropolitan
Section 6: Notice
6.1 Any communication required to administer this Agreement shall be in writing and will be
deemed received upon personal delivery or 48 hours after deposit in any United States
mail depository, first class postage prepaid, and addressed to the Party for whom
intended, as follows:
5
If to Metropolitan:
The Metropolitan Water District of Southern California
Post Office Box 54153
Los Angeles, California 90054-0153
Attention: Ms. Gigi Hanna
If to Paradise Creek Educational Park:
City of National City
140 East 12th Street, Suite A
National City, CA 91950
Attention: Leslie Deese, Director of Community Services
Either Party may change such address by giving notice to the other Party as provided
herein.
Section 7: Other Terms
7.1 Metropolitan and CITY OF NATIONAL CITY agree that each party shall be responsible
for its own actions, and the actions of its officers, employees and agents, in performing
services under this Agreement. Metropolitan and CITY OF NATIONAL CITY each
agree to indemnify and hold the other Party and its officers and agents harmless and
agree to defend the other Party against any claim or asserted liability arising out of its
actions, either willful or negligent, or the actions of its officers, employees and agents, in
performing services pursuant to this Agreement. Such indemnity will include any losses
relating to any claim made, whether or not a court action is filed, and will include
attorney fees and administrative and overhead costs related to or arising out of such claim
or asserted liability. However, CITY OF NATIONAL CITY is solely responsible for any
such actions arising under the California Environmental Quality Act (Pub.Res.Code
§21000 et seq.).
7.2 Metropolitan, CITY OF NATIONAL CITY, and their authorized representatives agree to
provide data and information as required by the other Party to implement Project and
evaluate Project implementation, costs, and water savings. Metropolitan and CITY OF
NATIONAL CITY will make available for inspection to the other Party, upon reasonable
advance notice, all records, books, computer files, and other documents relating to
Project. Such documents shall be available for inspection for a period of three years
following completion of the reporting requirements specified in Section 5. If
Metropolitan or any other public entity of jurisdiction conducts an audit and determines
that grant funding was not used directly for the Project, funds will be returned to
Metropolitan by CITY OF NATIONAL CITY, in accordance with the findings.
7.3 Any alteration or variation of the terms of this Agreement will not be valid unless made
in writing and signed by both Parties. This Agreement constitutes the entire agreement
between both Parties.
6
7.4 This Agreement will inure to the benefit of and be binding upon Metropolitan, CITY OF
NATIONAL CITY, and their respective successors. This Agreement is not assignable by
either Party in whole or in part.
7.5 The partial or total invalidity of one or more parts of this Agreement will not affect the
intent or validity of this Agreement.
7.6 This Agreement will be deemed a contract under the laws of the State of California, and
for all purposes will be interpreted in accordance with such laws. Metropolitan and
CITY OF NATIONAL CITY hereby agree and consent to the exclusive jurisdiction of
the courts of the State of California, and that the venue of any action brought hereunder
will be in Los Angeles County, California.
7
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
APPROVED AS TO FORM:
THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Jeffery Kightlinger Dem • Underwood
General Counsel
Date: %/t✓`C
APPROVED AS TO FORM:
Cl�i'ef Ekecutive Officer
By:
bbi Becker, Interim Vice President
External Affairs
Date: ID
✓ �� (7
CITY OF NATIONAL CIT
By: / J S 4 r By:
City Attorney George H. Eiser, III
Date: September 6, 2005 Date: September 6, 2005
In Duplicate
s:\media section\city makeover\2005\contracts\signature\S23_68874_ Paradise. doe
8
unza
ATTACHMENT NO. 1
MONTHLY PROGRESS REPORT
(Cover Sheet)
DATE: Period Covered:
PROJECT TITLE:
ADMINISTRATOR:
Email: Phone:
PHASE / PERCENT COMPLETE:
Design:
Bid:
Installation:
Post Installation:
On additional sheet(s), please include a brief discussion on the following:
1) SUMMARY OF ACCOMPLISHMENTS
2) ISSUES ENCOUNTERED (indicate if and how it was resolved)
3) COMMUNITY INVOLVEMENT/OUTREACH (participation by community, volunteers or
any outreach activities)
4) MEDIA COVERAGE (attach copies of any press releases, news articles for this reporting
period)
Submitted by:
Signature Print Name
3
DATE:
PROJECT TITLE:
ATTACHMENT NO. 2
FINAL PROJECT REPORT
(Cover Sheet)
ADMINISTRATOR:
Email: Phone:
PHASE / DATE COMPLETED:
Design:
Bid:
Installation:
Post Installation:
As an attachment, please include the following:
1) SITE PHOTOS OF COMPLETED LANDSCAPE
2) PLANT PALETTE — listing of plants used (include botanical name, size, quantity, where
purchased)
3) PROJECT BUDGET — provide summary of costs for completed project
4) SUMMARY OF ISSUES ENCOUNTERED — indicate if and how they were resolved
5) MAINTENANCE PROGRAM — provide description of maintenance plan for next three
years; include name and contact information for staff person responsible
6) EDUCATION PROGRAM — provide description of education program or activities that will
involve the landscape
7) COMMUNITY INVOLVEMENT/OUTREACH —provide summary of participation by
community, volunteers or any outreach activities, future plans
8) MEDIA COVERAGE (attach copies of any press releases, news articles for the Project
completion)
Submitted by:
Signature Print Name
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
October 19, 2005
Leslie Deese
Director of Community Services
City of National City
140 East 12th Street, Suite A
National City, CA 91950
Dear Ms. Deese:
Contract #68874: City Makeover Grant Program, Paradise Creek Educational Park
Enclosed is your copy of signed Contract #68874, between Metropolitan Water District and
National City.
Please note that we still have not received your first invoice. Without it, we cannot send you
your first grant check. Please send us an invoice, by fax or by mail, dated no earlier than
July 11, 2005 as soon possible so that we can start processing your first grant check.
If you have any questions, please call me at (213) 217-5630.
Very i ly yours,
Gigi
GH:jes
s:\media section\city makeover\2005\contracts\signature\S23_68874_Paradise c12.doc
Enclosure
RESOLUTION NO. 2005 — 188
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
FOR GRANT FUNDS IN THE AMOUNT OF $75,000 FROM THE
METROPOLITAN WATER DISTRICT ("MWD") OF SOUTHERN CALIFORNIA
"CITY MAKEOVER GRANT PROGRAM" FOR LANDSCAPE, PLANTING,
ELECTRICAL AND IRRIGATION FEATURES AT
PARADISE CREEK EDUCATIONAL PARK
WHEREAS, in March 2005, the City of National City and Paradise Creek
Educational Park, Inc. applied for $75,000 in grant funds from the Metropolitan Water
District of Southern California ("MWD") "City Makeover Grant Program" ("Program") for
landscape, planting, electrical and irrigation features at Paradise Creek Educational Park;
and
WHEREAS, the Program, established in 2003, provides funds to landscape
properties within the MWD's service area, such as planting native or California -friendly
vegetation and installing state-of-the-art irrigation systems, and features a strong
community -involvement and educational component; and
WHEREAS, National City's grant proposal was approved by MWD on August
16, 2005.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement for grant funds in the
amount of $75,000 from the MWD of Southern California "City Makeover Grant Program" for
landscape, planting, electrical and irrigation features at Paradise Creek Educational Park.
Said agreement in on file in the office of the City Clerk.
PASSED and ADOPTED this 6th day of September, 2005.
ATTEST:
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
September 6, 2005, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
City Clerk of the o/
tional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2005-188 of the City of National City, California, passed and
adopted by the Council of said City on September 6, 2005.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 6, 2005
AGENDA ITEM NO.
%ITEM TITLE Resolution Authorizing the Mayor to Execute an Agreement for Grant Funds in
the Amount of $75,000 from the Metropolitan Water District of Southern
California "City Makeover Grant Program" for Landscape, Planting, Electrical
and Irrigation Features at Paradise Creek Educational Park
PREPARED BY
EXPLANATION
DEPARTMENT
Leslie Deese Community Services
Phone: (619) 336-4242
Roberto Saucedo
Phone: (619) 336-4580
Please see attached Report
Public Works
2
Environmental Review x N/A
Financial Statement
National City will receive $75,000 under the Metropolitan Water District's "City Makeover
Grant Program." There is no matching requirement for this grant.
Account No.
STAFF RECOMMENDATION
Approve the Resolution
BOARD I COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below
Attachment 1: Staff Report
Attachment 2: Resolution
Attachment 3: Metropolitan Water District of Southern California Contract #68874
Resolution No. Pry"'/ea
A-200 (9/80)
RE: Resolution Authorizing the Mayor to Execute an Agreement for Grant Funds in the
Amount of $75,000 from the Metropolitan Water District of Southern California "City
Makeover Grant Program" for Landscape, Planting, Electrical and Irrigation
Features at Paradise Creek Educational Park
In March 2005, National City and Paradise Creek Educational Park, Inc. applied for
$75,000 in grant funds from the Metropolitan Water District of Southern California's "City
Makeover Grant Program" to landscape Paradise Creek Educational Park. On August
16, 2005, the City was notified that our grant was approved for FY 2005/06 funding. A
copy of the Water District's contract stating the terms of the grant is attached.
Established in 2003, this Program provides funds to landscape properties within the
Water District's service area. This landscaping includes such things as planting native
or California -friendly vegetation, installing state-of-the-art irrigation systems, and
features a strong community -involvement and educational component.
The funds will be used for soil preparation, fine grading, irrigation, planting, installing
electricity, and building decomposed granite pathways. The funds will constitute a
significant portion of the estimated $1.7 million dollars, including engineering, necessary
to fund the Paradise Creek project, $1.3 million of which have been secured to date
through grant funding. The City and Paradise Creek Educational Park, Inc. will continue
working diligently to secure additional funds to complete this very worthwhile community
project.
RESOLUTION NO. 2005 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
FOR GRANT FUNDS IN THE AMOUNT OF $75,000 FROM THE
METROPOLITAN WATER DISTRICT ("MWD") OF SOUTHERN CALIFORNIA
"CITY MAKEOVER GRANT PROGRAM" FOR LANDSCAPE, PLANTING,
ELECTRICAL AND IRRIGATION FEATURES AT
PARADISE CREEK EDUCATIONAL PARK
WHEREAS, in March 2005, the City of National City and Paradise Creek
Educational Park, Inc. applied for $75,000 in grant funds from the Metropolitan Water
District of Southern California ("MWD") "City Makeover Grant Program" ("Program") for
landscape, planting, electrical and irrigation features at Paradise Creek Educational Park;
and
WHEREAS, the Program, established in 2003, provides funds to landscape
properties within the MWD's service area, such as planting native or California -friendly
vegetation and installing state-of-the-art irrigation systems, and features a strong
community -involvement and educational component; and
WHEREAS, National City's grant proposal was approved by MWD on August
16, 2005.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an agreement for grant funds in the
amount of $75,000 from the MWD of Southern California "City Makeover Grant Program" for
landscape, planting, electrical and irrigation features at Paradise Creek Educational Park.
Said agreement in on file in the office of the City Clerk.
PASSED and ADOPTED this 6th day of September, 2005.
Nick lnzunza, Mayor
ATTEST:
Michael Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
Board of Directors Approves 2005/06 City Makeover Program today
Page 1 of 1
Leslie Deese
From: Sharpe,Jennifer E [isharpe@mwdh2o.com]
Sent: Tuesday, August 16, 2005 12:47 PM
To: Bart O'Brien ; Bob Galbreath ; Brian K. Lee ; Dan Cannon ; Dr. James Rikel ; Fahria Qader ; G.
Wayne Eggleston ; Gregory T. Dyment ; Juana Mueller; Ken Ortega ; Laura LiMandri ; Leslie
Deese; Melinda Weaver ; Nancy L.C. Steele ; Nell Wade ; Phyllis Bettelheim ; Roger Possner ;
Shelli Lamb ; Thomas L. Gackstetter ; Tracy Drake; Tricia Evans
Cc: Hanna,Georgeann; Lipinski,Lynn A
Subject: Board of Directors Approves 2005/06 City Makeover Program today
Importance: High
***************************THE FOLLOWING MESSAGE HAS BEEN SENT ON BEHALF
OF GIGI HANNA****************************
Congratulations!
Metropolitan's Board of directors today approved the 2005/06 City Makeover grant program,
which means we can move ahead with the contracts. In the coming weeks I will be securing the
necessary signatures from Metropolitan officials, and your initial invoices will be processed and
payments sent. If you have not yet returned the contract to me, please do so as soon as you can.
You may now release the information to the public and the media, if you desire. (Please remember
to keep track of whatever press coverage you receive to include in your updates to me).
Again, thanks for your patience with this, and thanks, also for your interest in Metropolitan's City
makeover program.
Gigi Hanna
Senior Public Affairs Representative
Metropolitan Water District of Southern California
213-217-5630
8/17/2005
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
June 20, 2005
Leslie Deese
Director of Community Services
City of National City
140 East 12th Street, Suite A
National City, CA 91950
Dear Ms. Deese:
Contract #68874: City Makeover Grant Program Paradise Creek Educational Park
Enclosed is Contract #68874, between Metropolitan Water District and National City, detailing
both parties' responsibilities in the City Makeover grant program.
The City Makeover program is on the agenda for Metropolitan's Board of Directors meeting on
July 11, 2005, and I anticipate that the program will be approved.
In order to expedite the process for paying the first installment of the grant, I must get an invoice
for preliminary work done on your project along with the signed contract before July 11. If you
are unable to get the contract back to me by then, you will still receive your payment, but it will
be delayed.
If you have any questions, please call me at (213) 217-5630.
Thanks again for your interest in California Friendly landscaping and Metropolitan's
City Makeover Grant Program.
Very truly yours,
Gigi
GH:jes
s_\media section\city makeover\2005\contracts\signature\S23_68874 Paradise cl.doc
Enclosure
PROJECT 68874
CITY MAKEOVER PROGRAM GRANT FUNDING AGREEMENT
BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CITY OF NATIONAL CITY
CITY MAKEOVER PROGRAM FUNDING AGREEMENT
BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CITY OF NATIONAL CITY
TABLE OF CONTENTS
Section Page
CITY OF NATIONAL CITY 3
Recitals 3
Section 1: Project Description 3
Section 2: Agreement Term 4
Section 3: Agreement Administrators 4
Section 4: Responsibilities and Ownership 4
Section 5: Reporting Requirements and Milestones 5
Section 6: Notice 5
Section 7: Other Terms 6
Exhibits
Attachment No. 1: Monthly Progress Report
Attachment No. 2: Final Project Report
CITY MAKEOVER PROGRAM FUNDING AGREEMENT
BETWEEN
THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA
AND
CITY OF NATIONAL CITY
THIS AGREEMENT (Agreement) is made and entered into as of July 11, 2005 by and between
The Metropolitan Water District of Southern California (Metropolitan) and CITY OF
NATIONAL CITY. Metropolitan and CITY OF NATIONAL CITY may be collectively
referred to as "Parties" and individually as "Party."
Recitals
A. Metropolitan assists member agencies in conserving water supplies. The City Makeover
Program (Program) is designed to provide funding for new native and drought -tolerant
themed landscapes in prominent public locations and to use these landscapes for
educational programs for the community on use of native and drought -tolerant plants,
efficient irrigation techniques and site design;
B. The Program was established per authorization detailed in Board Letter No. 9-5 in
November 2002; and
C. CITY OF NATIONAL CITY elects to participate in Metropolitan's Program to create a
native and drought -tolerant themed landscape at Paradise Creek Educational Park, 1815
Hoover Ave., National City, CA 91950, between July 11, 2005, and January 31, 2006.
(Project).
NOW, THEREFORE, in consideration of the promises and covenants hereinafter set forth, the
Parties do agree as follows:
Section 1: Project Description
1.1
CITY OF NATIONAL CITY will create a native and drought -tolerant themed landscape
at Paradise Creek Educational Park, 1815 Hoover Ave., National City, CA 91950, per the
original grant application accepted by Metropolitan. The Project's final design will be
subject to the approval of Metropolitan or its designated representative and must include
room for installation of signage provided by Metropolitan. The Project will be
maintained as a native and drought tolerant landscape according to professional
landscape standards for a period of not less than three (3) years following completion of
installation.
3
\ t
1.2 CITY OF NATIONAL CITY, at its sole discretion, may independently contract with its
own vendors under separate agreements for Project administration and management,
design, construction and maintenance provided that they present no conflict of interest in
Project performance.
Section 2: Agreement Term
2.1 This Agreement will be effective on July 11, 2005. CITY OF NATIONAL CITY will
complete all installation work by December 31, 2006, and provide a final report to
Metropolitan. by March 15, 2007 (Term).
2.2 This Agreement may be amended at any time by written mutual agreement executed by
both of the Parties.
2.3 This Agreement may be terminated by either Party for any reason ten (10) days after
written notice to the other Party as provided in Section 6. Such termination may occur if
the funding mechanism for conservation programs is changed as a result of action by
Metropolitan's Board.
2.4 Upon termination, CITY OF NATIONAL CITY shall provide Metropolitan with
complete project documentation within 20 calendar days per the reporting requirements
in Section 5.
Section 3: Agreement Administrators
3.1 Ms. Gigi Hanna is appointed Agreement Administrator for Metropolitan for the purpose
of administering this Agreement and making any decisions in connection therewith on
behalf of Metropolitan. Leslie Deese is appointed Agreement Administrator for CITY
OF NATIONAL CITY for the purpose of administering this Agreement and making any
decisions in connection therewith on behalf of CITY OF NATIONAL CITY. The
designated Agreement Administrators may be changed by providing written notice to the
other Party as outlined in Section 6.
Section 4: Responsibilities and Ownership
4.1 All materials and supplies necessary to implement the Project shall be the exclusive
property of CITY OF NATIONAL CITY. Metropolitan shall have no ownership, right,
title, security interest, or other interest in any Project design, construction plans, facilities,
materials, or supplies, nor any rights, duties, responsibilities for operation or maintenance
thereof.
4.2 As Lead Agency for this Project, CITY OF NATIONAL CITY is responsible for assuring
that the Project complies with all federal, state, and local requirements.
4.3 CITY OF NATIONAL CITY is solely responsible for the perfou lance of its staff or
representatives in complying with the terms of this Agreement and for the proper
allocation of funds provided by Metropolitan under this Agreement.
4
4.4 Metropolitan's total funding contribution shall be $75,000 payable in four installments of
$18,750. The first installment will be paid upon acceptance of this contract; the second
installment upon approval of final plans for the Project; the third installment upon project
groundbreaking and the fmal installment upon installation verification.
4.5 CITY OF NATIONAL CITY shall be responsible for all costs in excess of $75,000.
Section 5: Reporting Requirements and Milestones
5.1 CITY OF NATIONAL CITY will submit quarterly progress reports (Attachment No. 1)
to Metropolitan by the 15th of the month following the end of the quarter, with the first
report due October 15, 2005. These reports will include photographs of the work done
since the previous reporting period and will be the basis for Metropolitan issuing further
payment installments.
5.2 Metropolitan will release the second, third and fourth payment installments upon receipt
of an invoice from CITY OF NATIONAL CITY for the work completed.
5.3 At the completion of installation, CITY OF NATIONAL CITY will submit a detailed
report including site photos, plant palette, project budget, maintenance plan, and
education program (Attachment No. 2).
5.4 CITY OF NATIONAL CITY must meet the following milestones:
...................... .
Milestone
August 15, 2005
Submission of final design to Metropolitan
for review
September 15, 2005
Final design completed
December 1, 2005
Project groundbreaking
January 31, 2006
Installation complete
March 15, 2006
Final report submitted
May 2006
Community and press event at site,
project
organized in conjunction with Metropolitan
Section 6: Notice
6.1 Any communication required to administer this Agreement shall be in writing and will be
deemed received upon personal delivery or 48 hours after deposit in any United States
mail depository, first class postage prepaid, and addressed to the Party for whom
intended, as follows:
5
If to Metropolitan:
The Metropolitan Water District of Southern California
Post Office Box 54153
Los Angeles, California 90054-0153
Attention: Ms. Gigi Hanna
If to Paradise Creek Educational Park:
City of National City
140 East 12th Street, Suite A
National City, CA 91950
Attention: Leslie Deese, Director of Community Services
Either Party may change such address by giving notice to the other Party as provided
herein.
Section 7: Other Terms
7.1 Metropolitan and CITY OF NATIONAL CITY agree that each party shall be responsible
for its own actions, and the actions of its officers, employees and agents, in performing
services under this Agreement. Metropolitan and CITY OF NATIONAL CITY each
agree to indemnify and hold the other Party and its officers and agents harmless and
agree to defend the other Party against any claim or asserted liability arising out of its
actions, either willful or negligent, or the actions of its officers, employees and agents, in
performing services pursuant to this Agreement. Such indemnity will include any losses
relating to any claim made, whether or not a court action is filed, and will include
attorney fees and administrative and overhead costs related to or arising out of such claim
or asserted liability. However, CITY OF NATIONAL CITY is solely responsible for any
such actions arising under the California Environmental Quality Act (Pub.Res.Code
§21000 et seq.).
7.2 Metropolitan, CITY OF NATIONAL CITY, and their authorized representatives agree to
provide data and information as required by the other Party to implement Project and
evaluate Project implementation, costs, and water savings. Metropolitan and CITY OF
NATIONAL CITY will make available for inspection to the other Party, upon reasonable
advance notice, all records, books, computer files, and other documents relating to
Project. Such documents shall be available for inspection for a period of three years
following completion of the reporting requirements specified in Section 5. If
Metropolitan or any other public entity of jurisdiction conducts an audit and determines
that grant funding was not used directly for the Project, funds will be returned to
Metropolitan by CITY OF NATIONAL CITY, in accordance with the findings.
7.3 Any alteration or variation of the terms of this Agreement will not be valid unless made
in writing and signed by both Parties. This Agreement constitutes the entire agreement
between both Parties.
6
7.4 This Agreement will inure to the benefit of and be binding upon Metropolitan, CITY OF
NATIONAL CITY, and their respective successors. This Agreement is not assignable by
either Party in whole or in part.
7.5 The partial or total invalidity of one or more parts of this Agreement will not affect the
intent or validity of this Agreement.
7.6 This Agreement will be deemed a contract under the laws of the State of California, and
for all purposes will be interpreted in accordance with such laws. Metropolitan and
CITY OF NATIONAL CITY hereby agree and consent to the exclusive jurisdiction of
the courts of the State of California, and that the venue of any action brought hereunder
will be in Los Angeles County, California.
7
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
APPROVED AS TO FORM: THE METROPOLITAN WATER DISTRICT
OF SOUTHERN CALIFORNIA
Jeffery Kightlinger Dennis Underwood
General Counsel Chief Executive Officer
By: By:
Senior Deputy General Counsel Bobbi Becker, Interim Vice President
External Affairs
Date: Date:
APPROVED AS TO FORM: CITY OF NATIONAL CITY
By: By:
City Attorney Mayor
Date: Date:
In Duplicate
s:\rnedia section\city makeover\2005\contracts\signature\S23_68874_Paradise.doc
8
ATTACHMENT NO. 1
MONTHLY PROGRESS REPORT
(Cover Sheet)
DATE: Period Covered:
PROJECT TITLE:
ADMINISTRATOR:
Email:
PHASE / PERCENT COMPLETE:
Design:
Bid:
Installation:
Post Installation:
Phone:
On additional sheet(s), please include a brief discussion on the following:
1) SUMMARY OF ACCOMPLISHMENTS
2) ISSUES ENCOUNTERED (indicate if and how it was resolved)
3) COMMUNITY 1NVOLVEMENT/OUTREACH (participation by community, volunteers or
any outreach activities)
4) MEDIA COVERAGE (attach copies of any press releases, news articles for this reporting
period)
Submitted by:
Signature Print Name
ATTACHMENT NO. 2
FINAL PROJECT REPORT
(Cover Sheet)
DATE:
PROJECT TITLE:
ADMINISTRATOR:
Email: Phone:
PHASE / DATE COMPLETED:
Design:
Bid:
Installation:
Post Installation:
As an attachment, please include the following:
1) SITE PHOTOS OF COMPLETED LANDSCAPE
2) PLANT PALETTE — listing of plants used (include botanical name, size, quantity, where
purchased)
3) PROJECT BUDGET — provide summary of costs for completed project
4) SUMMARY OF ISSUES ENCOUNTERED — indicate if and how they were resolved
5) MAINTENANCE PROGRAM — provide description of maintenance plan for next three
years; include name and contact information for staff person responsible
6) EDUCATION PROGRAM — provide description of education program or activities that will
involve the landscape
7) COMMUNITY INVOLVEMENT/OUTREACH — provide summary of participation by
community, volunteers or any outreach activities, future plans
8) MEDIA COVERAGE (attach copies of any press releases, news articles for the Project
completion)
Submitted by:
Signature
Print Name