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HomeMy WebLinkAboutC-7017-1 - Revocable License Agreement for Use of City Property for Newport Valley Habitat Restoration Project; Amendment No. 1SEW Pp�T �- Y 0 cgCIFORN`P Memorandum CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communitydevelopment To: Grace Leung, City Manager From: Lauren Wooding Whitlinger, Real Property Administrator Date: April 15, 2024 41 Re: Newport Valley Habitat Restoration Project — Revocable License Agreement Please execute the attached Approval Letter. Background The Tides Center Marine Education Project ("Licensee") is a non-profit operating to conserve habitat under the direction of the California Coastal Commission and the U.S. Fish and Wildlife Service. The City of Newport Beach ("City") and Licensee entered into a Revocable License Agreement on February 11, 2016 ("Agreement"), as amended June 9, 2019. The project is managed locally by Matt Yurko of Newport Valley Habitat Restoration. This Agreement grants non-exclusive use of City property to Licensee to enter on the area of the Back Bay with volunteers to remove invasive non-native plant species and plant and restore native vegetation. The attached Approval Letter serves to approve Licensee's exercise of their first five (5) year option term of their Agreement commencing May 24, 2023, and expiring on May 24, 2028. As required by the Agreement, the City Attorney's Office has approved the letter as to form. CC: Seimone Jurjis, Assistant City Manager/Community Development Director IPo n U _ T Cgt,r F p RNA Sent via First Class U.S. Mail to: Janiece Evans -Page, CEO The Tides Center 1012 Torney Avenue San Francisco, CA 94129 CITY OF NE-WPORT BEACH 100 Civic Center Drive Newport Beach, California 92660 949 644-3200 newportbeachca.gov/communityclevelopment April 10, 2024 Judith Hill, CFO The Tides Center P.O. Box 29907 San Francisco, CA 94129 Matt Yurko, Restoration Education Program Manager The Tides Center 600C Shellmaker Road Newport Beach, CA 92660 Re: Extension of the term of the Revocable License Agreement Between the City of Newport Beach and The Tides Center Marine Education Project for Use of City Property for Newport Valley Habitat Restoration Project, dated February 11, 2016, as amended June 9, 2019 ("Agreement") Dear Ms. Evans -Page, Ms. Hill and Mr. Yurko: The City of Newport Beach ("City") is in receipt of your letter dated November 1, 2022, notifying the City of your election to exercise the first of four option terms to extend the term of the Agreement upon the same terms and conditions contained therein. This letter is to memorialize, in writing, pursuant to Section 4.2 of the Agreement, that the City approved your election to exercise the first option term, which commenced May 24, 2023, and expiring May 24, 2028, unless again extended pursuant to the terms of the Agreement. Please let me know if you have any questions or need anything further at this time. Thank you, G ce K. Leung City Manager Attachment: Letter from Janiece Evans -Page, Tides Center, November 1, 2022 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: r41 2K By: AJA Id Ads (Air -on C. Harp eity Attorney l tides Community Development City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 November 1, 2022 Attention: Lauren Wooding Whitlinger, Real Property Administrator Regarding: Revocable License Agreement (C-7017-1) Dear Ms. Whitlinger: Pursuant to section 4.2 Option to Extend clause in the Revocable License Agreement, Tides Center, on behalf of its fiscally sponsored project CCC Marine Education Project, requests an extension of the term for an additional 5 years, making the new end date October 31, 2027. Thank you for your consideration of this request. Sincerely, Janiece Evans -Page Chief Executive Officer Tides Tides Center 1012 Torney Avenue San Francisco, California 94129 Tides.org r Q Ir AMENDMENT NO. ONE TO REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE TIDES CENTER MARINE EDUCATION PROJECT FOR USE OF CITY PROPERTY FOR NEWPORT VALLEY HABITAT RESTORATION PROJECT THIS AMENDMENT NO. ONE TO REVOCABLE LICENSE AGREEMENT FOR USE OF CITY PROPERTY FOR NEWPORT VALLEY HABITAT RkSTORATION PROJECT ("Amendment No. One") is made and entered into as of this day of June, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and THE TIDES CENTER MARINE EDUCATION PROJECT, a California nonprofit corporation ("Licensee"), whose address is P.O. Box: 29907, San Francisco, California 94129-0907, and is made with reference to the following: RECITALS A. On February 11, 2016, City and Licensee entered into a Revocable License Agreement for Use of City Property for Newport Valley Habitat Restoration Project ("Agreement") for Licensee to provide preservation and restoration of the biodiversity and health of California's coastal and marine ecosystem, specifically fifteen (15) acres of habitat located at what is commonly known as Newport Valley, adjacent and drains into the Upper Newport Bay ("UNB") Nature Preserve and Ecological Reserve - specifically located at two City -owned parcels, APN 440-132- 54 and APN 440-132-55 ("Property") - through scientifically supported community involvement, education, and action. The Community -Based Restoration and Education Program ("Program") engages the public to restore the native biodiversity of UNB by: (i) eradicating invasive plants from the site; (ii) installing native plants to support the restoration of native wildlife habitat; and (iii) educating the community about the value of the local environment and its restoration ("Project"). B. The Agreement was contemplated pursuant to the November 13, 2012 Coastal Program Landowner Agreement between City, Licensee, the California Coastal Commission, and the U.S. Fish & Wildlife Service, and the February 18, 2015 California Wildlife Conservation Board ("WCB") Grant Agreement between WCB, Licensee, and City for Newport Valley Habitat Restoration, Orange County, California, Grant Agreement number WC-1423EH, Project ID number 2014129, fifteen (15) acres of land commonly known as Newport Valley, and more specifically located at two City -owned parcels, APN 440-132-54 and APN 440-132- 55 ("Property"). C. In accordance with City Council Policy F-7, whenever an open bid process is not conducted or fair market value rent is not received for the use of City property, the City shall make specific findings setting forth the reasons thereof. The City finds that the use of the property in restoring native habitat provides an essential or unique service to the community that might not otherwise be provided were full market value of the property be required. Additionally, as the Project may be located, in part, upon public tidelands and the rent charged is less than fair market value the City finds this use provides a public benefit to the people of California by providing preservation of open space and restoration of the tidelands generally and is therefore a matter of statewide benefit. These findings by the City are of a statewide concern in that the beneficial uses of the property might not otherwise be provided were full market value of the property required or an open bid process conducted. D. On November 16, 2016, the WCB authorized a grant to the California State Coastal Conservancy ("Conservancy"), an agency of the State of California established under Division 21 of the Public Resources Code, awarded under Agreement No. WC-1631DC, for community-based restoration projects in coastal wetlands and watersheds in Southern California. This grant requires the Conservancy to ensure that property restored with these funds provided by the WCB is operated, used, and maintained throughout the project life consistent with the purposes of the grant and for no less than twenty-five (25) years. E. On May 24, 2018, the Conservancy authorized a grant to the Licensee, subsequently awarded under Grant Agreement No. 18-004 ("2018 Grant Agreement'), to undertake the Project on the Property. The 2018 Grant Agreement requires that Licensee enter into an agreement with the City regarding operation and maintenance of the Project. A copy of the 2018 Grant Agreement is attached hereto and incorporated herein by reference as Exhibit A. F. On May 7, 2019, the Conservancy and the Licensee entered into a First Amendment to the 2018 Grant Agreement, which is attached hereto and incorporated herein by reference also as Exhibit A. Exhibit A to the Agreement and Exhibit A to this Amendment No. One shall collectively be known as "Exhibit A." G. The parties desire to enter into this Amendment No. One to reconfirm the operation and maintenance of the Project performed by Licensee as required by the 2018 Grant, to extend the term of the Agreement to May 23, 2023. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "The Initial Term of this Agreement shall commence on the Effective Date, and shall terminate on May 23, 2023, unless terminated earlier as set forth herein." The Tides Center Marine Education Project Page 2 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] The Tides Center Marine Education Project Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By: tf aFi t:,,r; Aaron C. Harp City Attorney ATTEST: Date: % r By: Qe,L 4 lei i I. wn ;i Clerr Attachments CITY OF NEWPORT BEACH, a California municipal corporation Date: 1411e. 3.019 By: - Gr K. Leung cityManager LICENSEE: THE TIDES CENTER MARINE EDUCATION' PROJECT, a California nonprofit corporation By: Q—a Juditli Hill Chief Financial Officer [END OF SIGNATURES] Exhibit A — Grant Agreement No. 18-004 dated May 24, 2018; and First Amendment to Grant Agreement No, 18-004 Dated May 7, 2019. The Tides Center Marine Education Project Page 4 EXHIBIT A GRANT AGREEMENT NO. 18-004 DATED MAY 243 2018; AND FIRST AMENDMENT TO GRANT AGREEMENT NO. 18- 004 DATED MAY 7, 2019 The Tides Center Marine Education Project Page A-1 STATE OF CAI-IFORNIA STANDARD AGREEMENT Std.2 11 haul Itc\ 111 Ixl AGREEMENT NUMBER AM NO 18-004 _ TAXPAYERS FEDERAL EMPLOYER IDENTIFICATION NO 94-3213100 THIS AGREEMENT, made and entered into this day of 2018 in the Slate of California, by and between State of California, through its duly elected or appointed, qualified and acting TITLE 01 UFI ICERACr INGFON 81W AGENCY ExCCnIIVC Off ICCr Slate COdSlal C DnSeIVa17Cy , hereafter called the Conservancy, and _ __. _ _ _—..__._.____--- GRAM L L'$NAME rides Center/Marine 1:dltcalion Project _ , hereafter called the Grantee. The Grantee, for and In consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed, does hereby agree as follows SCOPE OF AGREEMENT Pursuant to Chapters 3 and 6 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the Conservancy") hereby grants to the 'rides Center/Marine Education Project ("the grantee") a sum not to exceed $22,500 (twenty-two thousand live hundred dollars), subject to the terms and conditions of this agreement. The grantee shall use these funds to undertake the Newport Valley Riparian Restoration with Diverse Communities Project ("the project") for the Newport Valley area of Newport Beach in Orange County as shown in Exhibit A. which is incorporated by reference and attached. (Continued on the Jbllowing pages) The provisions on the following pages constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. AGENCY State Coastal Conservancy BY fAuthonzed Signature) l: PRINTED NAME AND TITLE OF PERSON SIGNING Samuel Schuchat, Executive Officer ADDRESS 8 PHONE NUMBER 1515 Clay Street, 10"' Floor Oakland, CA 94612 Phone: (51 AMOUNT ENCUMBERED BY THIS DOCUMENT $22,500.00 10 DU iMUIIM I:N('l'hIBP:REU N Ur\ I $22,500.00 PROGRAMICATEGORY (CODE AND TITLE) 3760-101-605100008(0995)(B0622) (WC- 163) 1 DC)(WCB) V Tides Center/Marine Education Project BY (Authorized Signature) AK PRIMED NAME AND' E OF PERSON SIGNING M M'Chef owS~f ADDRESS 8 PHONE NUMBER 600 Shellmaker Drive Newport Beach, CA 92660 FUND mLEIPROP NO Safe Drinking Water, Water Oualitv and SuDvlv.... (Prop 23 with Diverse Phone: 2016 I 16/17 I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above. M1 I certify that this agreement is exempt from Department of General Services' approval. Erlinda Corpuz Procurement and Contracts Manager Tides C'cnter/Murine Education Project Grant Agreement No. 18-004 Page 2 SCOPE OF A(;REEMFNT (Continued) The project consists of restoration of one acre of riparian habitat at Newport Valley in Newport Beach, California through use of community member volunteers. The project includes: a) installation of cuttings, container plants, and a native herbaceous/native grass seed mix; b) invasive plant removal in the riparian corridor to rid the area of non -natives; C) training high school students from diverse and underserved communities in Orange County to participate in the project while learning about coastal wetland ecology; and d) under the guidelines set forth by the University of California, Division of Agriculture and Natural Resources, inspection for, and removal and replacement of, plants infested with the Polyphagous Shot Hole Borer, The grantee shall carry out the project in accordance with this agreement and a work program as provided in the "WORK PROGRAM" section, below. The grantee shall provide any funds beyond those granted under this agreement which are needed to complete the project. TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the office of the Conservancy 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 June 30, 2021 ("the termination date") unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by February 25, 2021 ("the completion date"). The final Request for Disbursement must be received no later than April 25, 2021. fides C'cnter/Murine Education Project Gram Agreement No. 18-004 Page 3 Standard Provisions CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT The grantee shall not commence the project and the Conservancy shall not be obligated to disburse any funds under this agreement until the following conditions precedent have been met: 1. The authorized body of the grantee has adopted a resolution designating positions whose incumbents are authorized to negotiate and execute this agreement and amendments to it on behall' of the grantee. 2. The Executive Officer of the Conservancy ("Executive Officer") has approved in writing: a. The work program for the project as provided in the "WORK PROGRAM" section, below. b. I f grantee intends to retain contractors, all contractors retained in connection with the project. c. A plan for acknowledging Conservancy funding. d. Any other agreements that the Executive Officer determines necessary for the project. 3. '17ie grantee has provided written evidence to the Conservancy that: a. The grantee has provided for required insurance coverage, including additional insured endorsement, as described in the "INSURANCE" section, below. b. If' permits are required for the project, all permits and approvals necessary to the completion of the project under applicable local, state and federal laws and regulations have been obtained. c. The grantee has entered into a written agreement with the owner of the project site sufficient to enable the grantee to carry out the project consistent with this grant agreement. AUTHORIZATION The signature of'the Executive Officer of the Conservancy on this agreement certifies that at its May 24, 2018 meeting, the Conservancy adopted the resolution attached as Exhibit B. This agreement is executed under that authorization. ... =sr-.�Pr:. Tides C'cnter/Marine Education Project Grant Agreement No. 18-004 Page 4 WORK PROGRAM Before beginning the project, the grantee shall submit a detailed work program to the Executive Officer for review and written approval of its consistency with the purposes of this grant agreement. 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 project budget shall describe all labor and materials costs of completing each component of the project. For each project component, the project budget shall list all intended funding sources including the Conservancy's grant and all other sources of monies, materials, or labor. if all or any part of the project to be funded under this agreement will be performed by third parties ("contractors") under contract with the grantee, then the grantee shall, prior to initiating any contractor selection process, submit the selection package to the Executive Officer for review and written approval as to consistency with the purposes of this grant agreement. Upon approval by the Executive Officer, the grantee shall proceed with the contractor -selection process. Prior to final selection of a contractor, the grantee shall submit to the Executive Officer for written approval the names of all contractors that the grantee intends to hire. The grantee shall then comply with the above paragraph regarding submission and approval of a work program prior to project commencement. The work program shall have the sante 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 Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall carry out the project in accordance with the approved work program. COORDINATION AND MEETINGS The grantee shall coordinate closely with Conservancy staff and other involved entities, including local, state and federal agencies, and shall participate in meetings and other communications as necessary to ensure coordination. Tides Center/Marine tiducation Project Grant Agreement No. 18-004 Page 5 WORK PRODUCTS If material, data, information, and written, graphic or other work (collectively referred to as "work products') is produced, developed or acquired under this agreement, the Conservancy shall have the unqualified and unconditional right to use, reproduce, publish, display, and make derivative use of all such work, or any part of it, free of charge and in any manner and for any purpose; and to authorize others to do so. If any of the work is subject to copyright, trademark, service mark, or patent, the Conservancy is granted and shall have a perpetual, royalty -free, nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of derivative works, and display and perforin the work, or any part of it, and to grant to any third party a comparable and coextensive sublicense. the grantee shall include in any contract with a third party for work under this agreement terms that preserve the rights, interests, and obligations created by this section, and that identify the Conservancy as a third -party beneficiary of those provisions. The grantee shall not utilize the work products created under this agreement for any profit- making venture, or sell or grant rights to a third party for that purpose. COSTS AND DISBURSEMENTS When the Conservancy determines that all "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, the Conservancy 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: The Conservancy shall disburse funds for costs incurred to date, less five percent, upon the grantee's satisfactory progress under the approved work program and upon submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. The Conservancy shall disburse the five percent withheld upon the grantee's satisfactory completion of the project and compliance with the "PROJECT COMPLE' f1ON" section, below, and upon the Conservancy's acceptance of the project. Che Conservancy will reimburse the grantee for expenses necessary to the project when documented by appropriate receipts. The Conservancy will reimburse travel and related expenses at actual costs not to exceed the rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations ("CCR"), except that reimbursement may be in excess of these rates upon documentation that these rates are not reasonably available to the grantee. Reimbursement for the cost of operating a private vehicle shall not, under any circumstance, exceed the current rate specified by the State of California for unrepresented state employees as of the date the cost is incurred. The Conservancy will I ides Center"Murine I?ducation Project Grant Agreement No. I8-004 Page b COSTS AND DISBURSEMENTS (Continued) reimburse the grantee for other necessary expenses if those expenses are reasonable in nature and tunount taking into account the nature of the project, its location, and other relevant factors. The grantee shall request disbursements by filing with the Conservancy a fully executed "Request for Disbursement- form (available from the Conservancy). The grantee shall include in the Ibrm its name and address, the number of this agreement, the date of the submission, the amount 01'111e invoice, the period during which the work was actually done, and an itemized description, including time, materials, and expenses incurred, of all work done for which disbursement is requested. Hourly rates billed to the Conservancy, and specified in the approved Work Program budget, shall be equal to the actual compensation paid by grantee to employees, which may include employee benefits. `rhe form shall also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement. An authorized representative of the grantee shall sign the form. Each form shall be accompanied by: All receipts and any other source documents for direct expenditures and costs that the grantee has incurred. ?. Invoices from contractors that the grantee engaged to complete any portion of the work funded under this agreement and any receipts and any other source documents for costs incurred and expenditures by any such contractor, unless the Executive Officer makes a specific exemption in writing. A supporting progress report summarizing the current status of the work and comparing it to the status required by the work program (budget, timeline, tasks, etc.), including written substantiation of completion of the portion of the project for which the grantee is requesting disbursement. The grantee's failure to fully execute and submit a Request for Disbursement form, including attachment of'supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee unless and until the grantee corrects all deficiencies. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The total amount of this grant may not be increased except by written amendment to this agreement. The grantee shall expend funds consistent with the approved project budget. Expenditure on items contained in the approved project budget, other than overhead and fides Center/Marine 1:ducalion Project Grant Agreement No. 18-004 Pugs 7 EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS (Continued) indirect costs, may vary by as much as ten percent without prior approval by the Executive Officer, provided the grantee submits a revised budget prior to requesting disbursement based on the revised budget. Any deviation greater than ten percent or any change from the approved budget fur overhead or indirect costs must be identified in a revised budget and approved in advance and in writing by the Executive Officer. The Conservancy may withhold payment for items which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. PROJECT COMPLETION The grantee shall complete the project by the completion date provided in the "TERM OF AGREEMENT' section, above. Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting: 1. 11 applicable, the work products specified in the work program for the project, each in a format or formats (for example, paper, digital, photographic) approved by the Executive Officer. 2. Documentation that the grantee has implemented and completed the approved plan for acknowledgment of Conservancy funding. 2. A fully executed final "Request for Disbursement." Within thirty days of the grantee's submission of the above, the Conservancy shall determine whether the grantee has satisfactorily completed the project. If so, the Conservancy 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. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM Before the project has commenced, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing. if either party provides notice to terminate this agreement, grantee shall immediately stop work under the agreement and take all reasonable measures to prevent further costs to the Conservancy. The Conservancy shall be responsible for any reasonable and non -cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice suspending work .._.a��,., �.r<_.a�•;aur.�m�a.rax�<:�<cx:��...,�' ;a:e1-a• � a. ��rr.'c�&+:s..:€�.i€..�...�-.cam»3ts�`-a.Win.#t��a3s"�?8Y"�.�Y"�d+.�'�'�s I IdC5 C'ClIM"Murinr Education Project Grunt Agreement No. 18-004 Page 8 EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM (Continued) under this agreement shall remain in effect until further written notice from the Conservancy authorizes work to resume. If the grantee fails to complete the project as required, 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 Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy 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 Conservancy may have for breach of this agreement. I I' grantee is obligated to produce work products under this agreement, on or before the date of termination of the agreement under this section, whether terminated by the grantee or the Conservancy, the grantee shall provide the Conservancy with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this agreement (whether completed or partial), in appropriate, readily useable form. The parties expressly agree to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this agreement under this section. The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section. INDEMNIFICATION AND HOLD HARMLESS The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers, agents and employees from any and all liabilities, claims, demands, damages, or costs, including without limitation litigation costs and attorneys' fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors and employees, or in any way connected with or incident to this agreement, except for the active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and hold harmless includes the dirty to defend as set forth in Civil Code Section 2778. U the grantee is a public entity, this agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 et seq. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from, growing out ol, or in any way connected with or incident to this agreement. fides C entedMurine kduculion Ptvject Grant Agreement No. 18-004 Page 9 INDEMNIFICATION AND HOLD HARMLESS (Continued) Nothing in this agreement is intended to create in the public or in any member ol'it rights as a third -port} beneficiary under this agreement. INSURANCE Throughout the term of this agreement, the grantee shall procure and maintain insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the grantee or its agents, representatives, employees, volunteers, or contractors associated with the project undertaken pursuant to this agreement. As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the coverage required by this section in whole or in part through: (a) its contractors procurement and maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies the requirements of this section; or (b) the grantee's participation in a ..risk management" plan, self insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. The grantee shall maintain property insurance, if required below, throughout the term of this agreement. Any required errors or omissions liability insurance shall be maintained from the effective date through two calendar years after the completion date. The grantee shall maintain all other required insurance from the effective date through the completion date. 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office ("ISO") Commercial General Liability coverage occurrence basis (Form CG 00 01 or comparable. b. Automobile Liability coverage - ISO Form Number CA 0001, Code I (covering owned, hired and no -owned autos). If the project will utilize multiple -passenger commercial vehicles, such as bus or van (i.e. common carrier vehicle(s)): coverage consistent with California Public Utilities Commission General Orders 101E, 115F and 160A and minimum limits below. c. Workers Compensation and Employer's Liability — Grantee shall maintain statutory worker's compensation for all its employees who will be engaged in the performance of this grant and employer's liability coverage with limits of $1,000,000. If applicable, grantee shall provide the Maritime Coverage Endorsement as well as any other endorsements required by federal and state law. By signing this agreement, grantee acknowledges compliance with these regulations. as�z�cc..,a:.�.a�azzKs�-���=-�ti.aars�a=.+baas�rvFa__"-e'.�-a'Yfn:�:-.4€.-✓-.Y-�:�.3t��.'-_'�'.keti�%:�s �::g s'%�.,-'2-?.����fi.S- ""••� I ides C'CatCr/Murine FClucation Project Grant Agreement No. 15-004 Page 10 INSURANCE (Continued) d. Commercial Vessel coverage: If the project will utilize a commercial watercraft, a self- insurance program, contract, surety bond or insurance policy (endorsement to Commercial General Liability policy or Protection and Indemnity Insurance) covering common carrier vessels: (1) at least as broad as California Public Utilities Commission General Order I 1 I -C or its current equivalent and (2) adequate to cover any crewmembers or other persons involved in the waterborne portion of the project not covered by the commercial general liability coverage for personal injury or death. Watercrall Liability: If the project will utilize any other watercraft, endorsement to Commercial General Liability policy or Protection and Indemnity Insurance. Such insurance shall cover liability arising out of the maintenance and use of any watercraft covering owned, hired and non -owned vessels. 2. Minimum Limits of Insurance. The grantee shall maintain coverage limits no less than: a. General Liability: (Including operations, products unit completed operations, cis applicable) b. Automobile Liability: c. Worker's Compensation: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities under this agreement or the general aggregate limit shall be twice the required occurrence limit. $1,000,000 per accident for bodily injury and property damage. If the project will utilize multiple -passenger commercial transportation vehicles, such as bus or van (i.e. common carrier vehicle(s)): $5,000,000 per vehicle or such lower limits as are allowed by the applicable CPUC General Order. As required by law with E'mployer's Liability of no less than $1,000,000. I ides Uciuer/Marine Fducation Project Uranl Agreement No. 15-004 Page I I INSURANCE (Continued) d. Commercial Passenger Vessel In the following amounts: Coverage, if required under l: a. 1-10 passengers: $5,000,000 combined single limit for bodily injury, personal injury and collision. b. 11-22 passengers: $10,000,000 combined single limit. c. 23+ passengers: $15,000,000 combined single limit. e. Watercraft Liability (for private In the following amounts: vessel) Coverage, ifrequired in Ie a. Vessels under 30 ft.: $1,000,000 combined single limit. b. Vessels over 30 ft. or vessel involved in ll- watercraft or vessel(s) are being In addition to the policy limits in paragraph (e), acquired with the grant, Vessel Hull and Machinery coverage in amount Dantage or Destruction Insurance: sufficient to cover the cost of the vessel. The Conservancy shall be named as a loss payee. 3. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Officer. 4. Required Provisions Concerning the Conservancy and the State of California. a. The grantee hereby grants to the State of California, its officers, agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of the grantee may acquire against the State of California, its officers, agents, employees, and volunteers, by virtue of the payment of any loss under such insurance. The grantee agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the grantee has received a waiver of subrogation endorsement from the insurer. b. The general liability, automobile liability and vessel liability policies are to be endorsed to contain, the following provisions: fides Centcr/Marine Kducation Project Grant Agreement No. 18-004 Page 12 INSURANCE, (Continued) I ) The Slate of California, its officers, agents and employees are to be covered as additional insureds, but only with respect to activities conducted relative to this grant agreement. The additional insured endorsements are to be provided. 2) Por any claims related to this agreement, the grantee's insurance coverage shall be primary insurance with respect to the State of California, its officers, agents and employees, and not excess to any insurance or self-insurance of the State of California. 3) 'fhe limits ofthe additional insured coverage shall equal the limits of the named insured coverage regardless of whether the limits of the named insurance coverage exceed those limits required by this agreement. c. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnity the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. Acceptability of Insurers. Insurance shall be placed with insurers approved to transact business in the State of California and having a current Best's rating of "B+:VII' or better or, in the alternative, acceptable to the Conservancy and approved in writing by the Executive Officer. 6. Verification of Coverage. The grantee shall furnish the Conservancy with original certificates and amendatory endorsements, including the required loss payee and additional insured endorsements, effecting coverage required for adding the Conservancy and the State of California as additional insureds. If common carrier vehicle or commercial or private vessel insurance is required, then in addition, the grantee shall provide proof of compliance with the common carrier vehicle and/or vessel insurance requirements of this section and the applicable California Public Utilities Commission General Order. All certificates and endorsements are to be received and approved by the Executive Officer before work commences. The Conservancy reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time. Contractors. The grantee shall include all contractors as insureds under its policies or shall require each contractor to provide and maintain coverage consistent with the requirements of this section. To the extent generally available, grantee shall also require each professional contractor to provide and maintain errors and omissions liability insurance appropriate to the contractor's profession and in an amount no less than $1,000,000 is required in light of the nature of the project. Vides ('enter/Marine 1iducation Project Grunt Agreement No. 18-004 Page 1.1 INSURANCE (Continued) 8. Premiums and Assessments. The Conservancy is not responsible for premiums and assessments on any insurance policy. ALI UITS/ACCOU NTING/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 Principles" ("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 work under the agreement. Time and el7ort 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, the Conservancy or its agents may review, obtain, and copy all records relating to performance of the agreement. The grantee shall provide the Conservancy or its agents with any relevant information requested and shall permit the Conservancy or its agents 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 final disbursement by the Conservancy. The records shall be subject to examination and audit by the Conservancy and the Bureau of State Audits during the retention period. 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. The Conservancy 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. 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. I ides ( 'Cl (Cl Nlarinc IiducatiOil Project Grunt Agreement No. 18-004 Page 14 NONDISCRIMINATION During the performance of this agreement, 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, color, ancestry, religious creed, national origin, ethnic group identification, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40) or sexual orientation (Government Code section 12940). I'hc grantee and its contractors also shall not unlawfully deny a request for or take unlawful action against any individual because of the exercise of rights related to family -care leave (Government Code sections 12945.1 and 12945.2). The grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination, harassment and unlawful acts. Consistent with Government Code section 11135, the grantee shall ensure that no one, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, or disability, is unlawfully denied fill and equal access to the benefits of, or is unlawfully subjected to discrimination under, the work funded by the Conservancy under this agreement. Pursuant to Government Code section 12990, 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 11100 et seq.). 'l he regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4. l of Title 2 of the California Code of Regulations) are incorporated into this agreement by this reference. 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 and subcontracts entered into 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 State of California. ASSIGNMENT Without the written consent of the Executive Officer, this agreement is not assignable by the grantee in whole or in part. I ides CcntnrIMarinc I'ducution Project Grant Agreement No. 18-004 Page 1 TIMELINESS lime is ol'the essence in this agreement. EXECUTIVE OFFICER'S DESIGNEE The I)xeC't/tivl' Officer shall designate a Conservancy project manager who shall have authority to act on behall' of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. 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. LOCUS This agreement is deemed to be entered into in the County of Alameda. SURVIVAL fhe obligations in the "WORK PRODUCTS" and "INDEMNIFICATION AND HOLD I IARMLI'SS" sections, above, shall survive the termination of this agreement. txmoit A. vroject location ("Newport Valley") in the Upper Newport Bay in Newport Beach, Ca. I'NNW 11 M.,%'.1 '111%31 a I IR,Vmmend.i lwil COASTAL CONSIiRVANCY Stafl' Recumincndation May 24. 2018 C'OMMUNI'TY WETLAND RES'T'ORATION GRANT PROGRAM Project No. 12-026-02 Project Manager: Arlie Gonzalez. RECOMMENDED ACTION: Authorization to disburse up to $206,489 to eight nonprofit organizations fur community-based natural resource restoration and enhancement projects in Southern CaliRunia coastal wetlands and watersheds in Santa Barbara, Ventura, Los Angeles, Orange and San Diego counties. LOCATION: Santa Barbara, Ventura, Los Angeles, Orange and San Diego counties coastal wetlands and watersheds. PROGRAM CATEGORY: Coastal Education, Resource Enhancement EXHIBITS Exhibit I: Proiect Locations Map Exhibit 2: Propel Letters RESOLUTION AND FINDINGS: Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant to Sections 31 1 19. 31251-31270 of the Public Resources Code: "The State Coastal Conservancy hereby authorizes disbursement of up to two hundred six thousand four hundred eighty-nine dollars ($206,489) for eight grants to specific nonprofit organizations for community-based natural resource restoration and enhancement projects in Santa Barbara, Ventura, Los Angeles, Orange and San Diego counties, as more specifically described in the accompanying staff recommendation. These authorizations are subject to the following conditions: 1. Prior to the disbursement of funds for each project, each project grantee shall submit for the review and approval of the Conservancy's Executive Officer: a. A work program, including project tasks, schedule and budget; b. Names and qualifications of all contractors to be employed on the project; and c. Evidence that all necessary permits and approvals for the project have been obtained. i:nhihu It May 24. 2019 SianRceeomendabon COMMUNITY WETLAND RESTORATION GRANT PROGRAM d. If the project site is not owned by the grantee, evidence that the grantee has entered into landowner agreements sufficient to enable the grantee to implement the project•" Staff further recommends that the Conservancy adopt the Ibllowing findings: "Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy hereby lands that: I . The proposed project is consistent with the current Project Selection Criteria and Guidelines. 2. The proposed authorization is consistent with the purposes and objectives of Chapters 3 and 6 of Division 21 of the Public Resources Code, regarding undertaking educational projects for K-12 students relating to the coastal resources (Ch.3) and enhancement ofcoastal resources (Ch.6). 3. Batiquitos Lagoon Foundation, Huntington Beach Wetlands Conservancy, Audubon Starr Ranch, Titles Center/Marine Education Project, Orange County Coastkceper, South Coast Habitat Restoration, The C.R.E.W. and Resource Conservation Partners all are nonprofit organizations qualified tinder Section 501 (c) (3) of the United States Internal Revenue Code. The purposes of these nonprofit organizations are consistent with Division 21 of the Public Resources Code." PROJECT SUMMARY: Staff recommends that the Conservancy authorize the disbursement of up to $206,489 to certain nonprofit organizations to implement eight community-based resource restoration and enhancement projects along the Southern California coast as part of the 2018 Community Based Wetland Restoration Program (CWRGP). Of the $206,489 grant, $176,489 will be from a 2016 grant from the Wildlife Conservation Board (WCB) to the Conservancy and the remaining $30,000 will be Conservancy funds. The WCB granted this money to the Conservancy because of the Conservancy's history of supporting the CWRGP through technical expertise to grantees and administrative support. The CWRGP is a Conservancy program to provide funding annually for community-based wetland and riparian enhancement and restoration projects in coastal wetlands and watersheds in the Southern California region. The purpose of the CWRGP is to further the wetland recovery goals for Southern California as set forth in the Southern California Wetlands Recovery Project (WRP) Regional Strategy; build local capacity to plan and implement wetland restoration projects; promote community involvement in wetland restoration activities; and foster education about wetland ecosystems. Projects funded through the program must include educational and community involvement elements as strong components of the project. The Conservancy typically funds 10 to 12 CWRGP projects per year with an annual allocation for the CWRGP of approximately $300,000. Each January, the Conservancy solicits CWRGP Page 2 of 28 I III ha II Mal SI, 211811a11' tttcwpmuAtlwn COMMUNITI'WE 1-INDRE.STOR4TIONGRANTPROGRAM proposals from nonprofit organizations, universities, tribes, and agencies. Proposals arc reviewed by a technical advisory committee that includes stall' from the Conservancy, Earth Island Institute, the Wildlife Conservation Board, and other agencies that participate in the WRP. Projects are selected by late spring with the work beginning in late summer or early fall. Projects funded through (lie ('W RGI' are designed to be completed in one to two years. The total amount recommended ror (his authorization is expected to Fund I year ofthe grant cycle. Project selection for the 2018 CWRGP was completed in February 20 19. Of this year's projects, all eight were proposed by nonprofit organizations. The eight projects recommended for funding this year are described below. Santa Barbara County Refugio Creek Arundo Removal In 2006, the Land Trust of Santa Barbara County (Land Trust) began riparian restoration efforts within the Refugio Creek watershed. These initial restoration efforts included the removal of over 100 patches ol'Arunelo clonax. stabilization of major erosion features, and the revegetation of over 17,000 square feet of the riparian corridor on the proposed project site. A. clonax is one of four high priority invasive species targeted fur control by the Santa Barbara County Weed Management Area, and is rated "A -I" on the California Exotic Pest Council list of invasive weeds statewide. It impacts riparian systems by aggressive growth that creates monocultural stands, displacing the native riparian vegetation. The invasive plant also chokes stream channels and creates debris dams that increase bank erosion and clogging of road culverts, impeding fish travel during storm flows. The high, straight stalks of A. donccr provide little shade to the creek environment, while consuming large amounts of water compared to native plant species. A. clonax has little or no value as food for local wildlife, or as nesting/roosting sites. The proposed project will enable South Coast Habitat Restoration (SCHR) and partner organizations, the Land Trust and Channel Islands Restoration, to remove the remaining 35 A. donax patches. The Land Trust will perform pre -project site assessments to determine current extent of A. clonax. Channel Islands Restoration staff will remove A. clonax per industry standards, through the use of herbicide and through the manual removal of vegetation. They will also revegetate additional riparian areas with 50 native trees (sycamores, cottonwoods, willows; provided by Santa Barbara Natives). Native trees will be installed by volunteers. These plantings will stabilize the creek banks, create shade to cool and conserve water in the creek, and provide better habitat than exists today for a wide array of local wildlife. Enhancing the riparian habitat quantity and quality along 1.5 miles of the creek will make it a higher ranking candidate for future measures (i.e. public road crossing culvert redesign or bridges) needed to allow the return of Southern California steelhead to this major creek. SCHR and the Land Trust will perforin post -project site assessments to monitor A. clonax removal and recurrence for five years, though the CWRGP grant will fund only for the first year of monitoring following project implementation. The project will also allow for community members to learn about habitat restoration and the importance of invasive species removal and Page 3 of 28 I .006,111 Mor 2.1. PIIA fila 11 Rccconlendabon COMM UN17T IVETLAND RESTORATION GRANT PROGRAM Funding Source: State Coastal Conservancy (Proposition 84, Public Resources Code section 75001, et seq.) CF.QA: The proposed project is categorically exempt under California Code of Regulations (CCR) "Title 14, Section 15333 (small habitat restoration projects) because it is as small-scale habitat restoration project that meets all exemption criteria. In addition, the field -trip portions of the project are categorically exempt under 14 CCR Section 15306, information collection, as students will be collecting basic data, for educational purposes that will not result in a major habitat disturbance. Orange County Restoring Audubon Starr Ranch Riparian Woodlands with Community Participation The proposed project will enable Audubon Starr Ranch, through the work of interns and volunteers (consisting of students, scout troops, nearby community members), to remove invasive plants without chemicals and restore both herbaceous and native woody species in a pristine riparian corridor at the 4,000 acre Audubon Stan Ranch. Audubon Starr Ranch will address the challenge of dead and dying trees from drought and tree pests and diseases at Starr Ranch through innovative woodland restoration techniques. In the fall, interns and volunteers will collect acorns (50 — 100) and seedlings (25-50) for transplanting. They will also collect and plant seeds of native herbaceous riparian species available for collection in the fall: mugwort (Artemisia douglasiana), caterpillar phacelia (Phacelic7 eicutaria), and branching phacelia (P. ran7osissima). In early January, interns and volunteers will collect then plant 200 branch cuttings from sycamore (Platanus racemosa), mulefat (Baccharis salicffio ia), native blackberry (Rebus ursinus), native grape (Vitis girdiana), willow (Salix spp.) and also rhizome cuttings from ragweed (An7brosia psilostachya) and hedgenettle (Stachys gjugoides). The cuttings will be planted in an area formerly dominated by periwinkle and other riparian non -natives. A seasonal ornithologist will use volunteers to assist with riparian woodland bird banding and other wildlife and habitat monitoring as metrics for assessing restoration success. The seasonal ornithologist will train volunteers during intensive workshops to age, sex, and band songbirds of riparian woodlands. Audubon Starr Ranch has tracked trends in songbird species richness, abundance, and survival over time and have detected some declines since the inception of drought in 2011-12. Several trained volunteers will help survey for amphibians (adults and larvae), reptiles (primarily turtles and semi -aquatic snakes), and fish and will remove non-native crayfish and bullfrogs using a protocol based on the USGS Aquatic Species and Habitat Assessment Protocol for South Coast Ecoregion Rivers, Streams, and Creeks. Total Project Cost: $80,700 Grantee: Audubon Starr Ranch Grant Amount: $15,000 Enabling Legislation: Chapters 3 and 6: Educational Programs and Resource Enhancement Page 8 of 29 I dnbu It Mut 2.1. 20I8 Sill( R,a,,wl ndobun COMMUNITY IVETLAND RRYTORATION GRANT PROGRAM Strategic Plan: The proposed project will further the Ibllowing strategic objectives: • Goal 4, objective 4A by supporting educational programs and interpretive events that improve public understanding and promote stewardship of coastal resources. • Goal 6, ohjeclive 6A and 6D by enhancing coastal wetland/stream corridors and coastal watersheds. Funding Source: Wildlife Conservation Board (Proposition 50, Water Code Section 79500, ct seq. ) CEQA: The proposed project is categorically exempt under California Code of Regulations (C'C'R) Titic 14. Section 15304, minor alterations of the land, water and/or vegetation. In addition, the field -trip portions of the project are categorically exempt under 14 CCR Section 15306, information collection, as students will be collecting basic data, for educational purposes that will not result in a major habitat disturbance. Newport Valley Riparian Restoration with Diverse Communities The proposed project will enable the Tides Center/Marine Education Project to restore one acre of riparian habitat at Newport Valley in Newport Beach, Calilbrnia through use of community member volunteers. The restoration work will consist of installing cuttings (arroyo willow, black willow, mulefat), container plants (elderberry, arrow weed, buckwheat, among others), and a native herbaceous/native grass seed mix. Community members will also conduct invasive plant removal in the riparian corridor to rid the area of non -natives, including pampas grass (C'ortaderia selloana), Myoporum (Mvoporum laetwn), black mustard (Brassica nigra), shortpod mustard (I irrch%Iclia incana), and tocalote (C'eniaurea melitensis). The Tides Center's "Community -Based Restoration and Education Program" has extensive previous experience removing these species by mechanical means with volunteers. The Tides Center/Marine Education Project in prior years has conducted an Environmental Leader Internship Program that trains ethnically diverse cohorts of college students as Environmental leaders to prepare and lead programs. This proposed project includes use of these Environmental Leaders to train high school students from diverse and underserved communities in Orange County to participate in this restoration project while learning about coastal wetland ecology. This restoration project will also increase habitat for the endangered least Bell's vireo. Individuals of this species have been observed nearby to the proposed restoration site within the last three years but no active nests have been indicated by professional monitors. Restoration of this habitat will create nesting opportunities for this species. Also, this project will increase the amount and extent of riparian habitat, which is being depleted regionally by a boring beetle, the Polyphagous Shot Hole Borer. As the site is restored, the Environmental Leaders and professional monitors will be reviewing plants for signs of infestation. Affected plants will be removed and replaced under the guidelines set forth by the University of California, Division of Agriculture and Natural Resources. The success of the project will not only provide additional riparian habitat around the Upper Newport Bay but also help mitigate the loss of this ecosystem within the region. Page 9 of 28 Ishilui It Man 24, IIII X Stal'IIteccumendawm COMMUNITY WETLAND RESTORATION GRANT PROGRAM Total Project Cost: $67,300 Grant Amount: $22,500 Grantee: Tides ('enter/Marine Education Project Enabling Legislation: Chapters 3 and 6: Educational Programs and Resource Enhancement Strategic Plan: The proposed project will further the ('61lowing strategic objectives: • (loal 4, objective 4A by supporting educational programs and interpretive events that improve public understanding and promote stewardship o('coastal resources. • Goal 6, objective 6A and 6D by enhancing coastal wetland areas, stream corridors and coastal watersheds. Funding Source: Wildlife Conservation Board (Proposition 50, Water Code Section 79500, et seq. ) CEQA:'file proposed project is categorically exempt under California Code of Regulations (CCR) Title 14, Section 15306, information collection, as students will be collecting basic data, for educational purposes that will not result in a major habitat disturbance. It is also categorically exempt under 14 CCR Section 15333 (small habitat restoration projects) because it is as small- scale habitat restoration project that meets all exemption criteria. Huntington Beach Wetlands Salt Marsh Bird's Beak Outplanting Salt marsh bird's -beak (SMBB), C'hlo ropyron marilimwn subsp. Marilinnun, is a hemi parasitic annual plant found in coastal salt marsh habitat of southern and central California and adjacent northern Baja California, Mexico. Self-sustaining populations of this state and federally endangered plant species are currently found in only seven estuarine systems in the United States. Expansion of the number of occurrences is one of the recovery criteria in the Salt Marsh Bird's -Beak Recovery Plan (USFWS, 1985). For several years USFWS staff pursued funding for outplanting two new populations of SMBB in Southern California and eventually acquired enough funding to pursue the outplanting of just one new population at Magnolia Marsh in the Huntington Beach Wetlands. An initial experimental outplanting was performed in winter of 2015-16 and germination of 199 plants successfully occurred in the winter of 2016-17. The proposed project will enable the Huntington Beach Wetlands Conservancy (HBWC) to expand this project by continuing monitoring activities and enhancing Magnolia Marsh's upper marsh plant community. Some portions of the marsh are less vegetated than is preferred. The project will enhance the plant community in these areas by introducing upper marsh plant species that can either act as a host for SMBB, attract SMBB pollinators, or help to buffer and protect SMBB populations from edge effects. This work will be designed so that it can be performed by volunteer groups who can help grow, install, and care for the upper marsh plants. HBWC will utilize their partnership with the Huntington Beach Tree Society who will provide volunteers to grow and care for most of the container plants that will be installed. They will also partner closely with Edison and Huntington Beach High Schools to have students help install and care for the plants as well as perform various maintenance activities. Also, they will be performing outplanting in new locations throughout the Huntington Beach Wetlands, The HBWC will hire a permitted botanist to collect 5,000-10,000 seeds from the donor site in Page 10 of 28 I III,, III W.q_'I, ItIIK 1wn*I(emumudalum COMMUNITY WETL; l" RESTOR4TION GRANT PROGRAM Upper Newport Bay. Once seeds arc obtained and sites selected, the seeds will be spread between NOVCmber and March in areas that are identified to be suitable by biologists who have experience with SM1313. In addition to growing and sustaining this population of SM9I3, this project will assist with the establishment ol'other special status plant species, including I.vchon cali/iirnicum, suaeda larilnlia and Jun tis anulus leopoldi. These plants will be installed in the Lipper marsh of Magnolia Marsh, heightening the biodiversity of the site and strengthening the transition zone buffer habitat along the existing Magnolia Marsh trail. A healthy transition zone and upper marsh plant community will help this site better accommodate species migration that will be necessary as predicted sea level rise occurs. Further, the restoration of Magnolia Marsh was designed to include an interpretive trail that connects to a viewing platform. This trail already has numerous educational signs along its perimeter, and this project will install an additional sign that will provide the public with information about SMBB and the goals of this project. Lastly, as of 2015, a total of 93 breeding pairs of the state -endangered Belding's Savannah Sparrow (BSS) were surveyed throughout the f lunlington Beach Wetlands. The proposed project will install hundreds or Parish's glassworts (Arlhr(7cnentum sahlerminale) and shore grasses (Dislichlis lilloralis), both popular BSS nesting plants, creating additional breeding habitat for this rare salt marsh obligate bird species. Total Project Cost: $95,900 Grant Amount: $28,900 Grantee: Huntington Beach Wetlands Conservancy Enabling Legislation: Chapters 3 and 6: Educational Programs and Resource Enhancement Strategic Plan: 'File proposed project will further the following strategic objectives: • Goal 4, objective 4A by supporting educational programs and interpretive events that improve public understanding and 413 through the installation of an interpretive kiosk. • Goal 6, objective 6A and 6D by enhancing coastal wetland habitat and coastal watersheds. Funding Source: Wildlife Conservation Board (Proposition 50, Water Code Section 79500, et seq.) CEQA: The proposed project is categorically exempt under California Code of Regulations (CCR) Title 14, Section 15304, minor alterations of the land, water and/or vegetation. It is also categorically exempt under 14 CCR Section 15333 (small habitat restoration projects) because it is as small-scale habitat restoration project that meets all exemption criteria. In addition, the field -trip portions of the project are categorically exempt under 14 CCR Section 15306, information collection, as students will be collecting basic data, for educational purposes that will not result in a major habitat disturbance. San Diet=_o County Batiquitos Lagoon Ecological Reserve North Shore Restoration - Phase 3 The proposed project will enable the Batiquitos Lagoon Foundation (BLF) to restore habitat along a section of the North Shore of the Batiquitos Lagoon Ecological Reserve (BLEB), with a focus on native tree replacement of existing eucalyptus and palms to improve bird nesting, roosting, and foraging habitat, and wetland restoration adjacent to the lagoon itself. BLF has Page I I of 28 bxh,hn 11 MaV 24, 21118 Stall RecwmenJmmu COMMUNITY IVETLAND RESTORATION GRANT PROGRAM established partnerships with "Free of Life Nursery, California Department of Fish and Wildlife (COFW). Park I lyatt— Aviara Goll'Course Superintendent (a golfcourse and landscape - educated specialist) and other subject area specialists. These partnerships have been established to ensure project success and help educate and train a volunteer corps and participants from the community. 'rhe project will provide wetland education, skill -set development, on-the-_loh work experience to volunteers participating in the restoration. In addition to local community members, there will also be volunteers from local elementary and junior high schools, high schools, and universities and colleges. BLF restoration volunteers work primarily the first and third Saturdays of every month, 12 months per year. Some focused restoration work with larger groups also work on arranged days, usually on a weekend. The average work party is 10 volunteers plus at least one leader. For this project, a subject specialist Will he included to guide and instruct the volunteer work parties. Training by CDFW Environmental Specialists will also be involved due to the fact that some work will be on their property. BIX will first prepare the site by partnering with the California Conservation Corps (CCC) who will remove invasive species and install appropriate irrigation systems. A combination of CCC and community volunteers guided by BLF will implement the planting and maintenance of native plants. The signature restoration tree will be the Torrey Pine (Pinus rorreyana). "fen other native trees are included to add variation to the habitat mix and will include California Sycamore (Platantis Racemosa) and Coastal Live Oak (Quercus Agrifolia). The heavy infestation of non-native trees (e.g., eucalyptus, palms, Tamarisk) and plants (e.g., Pampas Grass, Fennel, Caster bean) will be replaced with appropriate native species (e.g.,Torrey Pine, Artemisia, Golden bush, Lemonade berry). The project will ultimately improve nesting, roosting, and foraging habitat for indigenous native birds, many of which are stressed or endangered including California least tern, western snowy plover, Belding's savannah sparrow, California gnatcatcher, northern harrier, and Ridgeway Rail. Total Project Cost: $159,800 Grant Amount: $27,800 Grantee: San Elijo Lagoon Conservancy Enabling Legislation: Chapters 3 and 6: Educational Programs and Resource Enhancement Strategic Plan: The proposed project will further the following strategic objectives: • Goal 4, objective 4A by supporting educational programs and interpretive events ("Weed Warriors") that improve public understanding and promote stewardship of coastal resources. • Goal 6, objective 6A and 6D by enhancing coastal wetland, riparian stream corridors, coastal sage habitat and coastal watersheds. Funding Source: Wildlife Conservation Board (Proposition 50, Water Code Section 79500, et seq.) CEQA: The proposed project is categorically exempt under California Code of Regulations (CCR) Title 14, Section 15304, minor alterations of the land, water and/or vegetation. It is also categorically exempt Linder 14 CCR Section 15333 (small habitat restoration projects) because it is as small-scale habitat restoration project that meets all exemption criteria. Page 12 of 28 I %hihn It hlu, _ 1 'U L'I S l it ll' R "09111191 I I it O t,p COMMUNITY R'F,TL: IND RFSTORA TION GLINT PROGRAM DESCRIPTION OF PROJECTSI'Z'ES: The Community Wetland Restoration Grant Program (CWRGP) encompasses the Southern California coastal region from Point Conception in Santa Barbara County to the United States border with Mexico (Exhibit I ). 'Phis region includes Santa Barbara, Ventura, Los Angeles, Orange, and San Diego Counties. Coastal watersheds that drain to the Pacific Ocean are included in the geographic scope of the program as well as the Channel Islands. Project locations include coastal wetlands, tidal marshes, rivers, streams, as well as bulTer zones including dunes, river banks and coastal sage scrub habitats. Many of the project locations were historical flood plains and extensive wetland ecosystems that have been degraded and fragmented over the past 100 years. Others are discreet pocket wetlands that, while small and sometimes isolated from other habitat, cumulatively comprise a critical natural resource for native Flora and falma in a highly urbanized environment. Below are the specific site descriptions for the eight projects selected For the 2018 CWRGP Santa Barbara Countv Refugio Creek Arundo Removal The Refugio Creek Watershed is located in coastal Santa Barbara County, 20 miles west ofthe City ol'Santa Barbara. The creek drains a watershed of approximately 8.2 square miles. The watershed begins in the Santa Ynez Mountains at an elevation of approximately 4,300 feet and drains steep hillsides and canyons before Flowing through orchards and agricultural fields, and into the Pacific Ocean at Refugio State Beach. The project site is located approximately half mile upstream of the creek mouth, and encompasses the bank of Gaviota Creek through private property. As of January 2017, the invasive Arundo dons (giant reed) was present at 35 locations within the flour acre project site. Ventura County Kalorama Wetland Restoration and Community Education Project The Kalorama Wetland is at the mouth of a storm drain outlet in Ventura, California. Prior to urban development, the Ventura coastline had extensive sea cliffs interspersed with deep and narrow winding river gorges that let out at the beaches. The Kalorama wetland was fed by its associated barranca and consisted of meandering streams along the beach linked to the outlet of the Sanjon Barranca. The wetland is in the back shore zone on the stretch of beach south of the Ventura pier and north of the Sanjon Barranca in the San Buenaventura State Beach day use area. The site contains two freshwater wetland components. The drainage itself, a storm run-off outlet, supports approximately I acre of riparian willow woodland. Southeast of the drainage the wetland extends into approximately 0.75 acres of seasonal wet meadow where vegetation has been colonizing the beach. Adjacent to the wetland are two transitional zones: the approximately 0.25 -acres of coastal strand at the southern edge of the wetland where patches of vegetation and Page 13 of 28 I:nh,hn a Mui `d. Atltl Stall Re¢omendauun COMMUNITY WETLAND RESTORATION GRANT PROGRAM incipient dunes receive moisture from seeps off the drainage and water table; and approximately 1.5 -acres of coastal sage scrub northeast of the drainage. The site is divided from its drainage source by a bike path and unnamed road leading to the San Buenaventura State Beach parking lot. The drainage follows a cement channelization approximately 45 feet long under the road and bike path before its outlet on the beach. This divides the woodland into two areas, the area closest to the run-off source north of the bike path (the source woodland) and the area south of the path, connected to the heath (the outlet woodland). Phis site has high pedestrian foot traffic from heath -goers, bicyclists, runners and others seeking coastal recreation due to its proximity to the Ventura pier, Ventura Freeway, and the state beach parking lots. All areas are being invaded by a variety of non-native plants including two species with a rating of highly invasive from the California Invasive Plant Council. Much of the beach sand between the edge of the wetland and the ocean has been eroded leaving the shore face composed of cobbles on a steep slope leading up from the swash zone. The beach berm and foreshore is also primarily composed of cobble. The foredune is incipient and heavily depleted due to the lack of sand, but there are sparse patches of dune vegetation struggling to become established. Several patches of vegetation are emerging south of the woodland, in areas where smaller cobbles and fine sediment have congregated. San Antonio Creek Restoration Project at Camp Comfort Camp Comfort is a well -used Ventura County park approximately one mile from downtown Ojai, established in 1904. San Antonio Creek, which drains to the Ventura River, Flows through the park which includes a campground and a clubhouse. The park is popular for interpretive and outdoor school events, as the natural ecology and creek is easily accessible. The predominant natural plant community within this reach is best described as riparian woodland, which consists of California sycamore (Plantanus racemosa), coast live oak (Quercus agrifolia) and black walnut (Juglans californica). Several other shrub and herbaceous native species are present such as toyon (Heleromeles arbulifolia), blue elderberry (Scanbucus nigra), hollyleaf cherry (Prunus ilic(folia), California blackberry, mugwort (Artemisia douglasiana) and poison oak (Toxicondendron cliversiloba). Arundo clonax was removed in 2016 and 2017 by Ojai Valley Land Conservancy in partnership with California California Conservation Corps. Some re - sprouting is occuring after those removal efforts. Additionally, Mexican fan palm (Washingtonia robusta), tamarisk (Tamarix sp.), and castor bean (Ricinus communis) are found throughout the riparian corridor. Los Aneeles Coun Community Olympia Oyster Restoration in the Jack Dunster Marine Reserve Alamitos Bay is a highly urbanized estuary, located within the City of Long Beach and surrounded by suburban neighborhoods, city parks, a city fire station, and schools. It was historically part of the greater Los Cerritos Wetlands. The Los Cerritos Wetlands once encompassed 2,400 acres of habitat, but have been significantly altered since the land was developed in the late 19th century. The wetland habitats remaining in Alamitos Bay include the 13 -acre Colorado Lagoon and the 44 -acre Los Cerritos Wetlands, as well as the mitigated Page 14 of 28 I% III ha II Mal 2.1, 2013 $L11'r lrCKl111K11(lal u"I COMMUNITY IVF_TLAND RESTORATION GRANT PROGRAM wetland of Jack Dunster Marine Reserve (JD MR) on 2.4 acres of land. These pockets of open space provide necessary refuge for wildlife and native species, and also represent a critical Opportunity to engage an otherwise urban populace with the natural world. I listorical d0CII111Cnl5 indicate the presence of native Olympia oyster (()siren Iw ida) beds in Southern California estuaries including Alamitos Lagoon, now called Alamitos Bay (Bonnot 1935). This hay also is reported to historically contain extensive eelgrass beds. Oyster beds all over the region have been depleted by a combination of development of the wetlands, dredging, Pollution, and overharvesting. Preliminary field surveys in 2010 (7.acherl et al., unpublished) in Alamitos Bay and the connected neighboring Colorado Lagoon revealed that native oysters were present in low densities on hard substrates; however, there were no natural intertidal oyster beds found anywhere in Alamitos Bay foroyster larvae to settle and grow. Thus, a site within Alamitos Bay (JDMR) was selected as a restoration site for paired oyster and eelgrass restoration in 2012. Orange County Restoring Audubon Starr Ranch Riparian Woodlands with Community Participation Located in the foothills of the Santa Ana Mountains, Starr Ranch Sanctuary is a 4,000 acre wildlife preserve owned by the National Audubon Society. Starr Ranch is bordered by Caspers Wilderness Park to the south and southeast, Cleveland National Forest to the north and east, and the communities of Coto de Caza and Dove Canyon to the west. Starr Ranch protects a mosaic of healthy native habitats: coastal sage scrub, grassland, oak woodland, chaparral, and riparian woodland. The majority of riparian woodland at Starr Ranch Sanctuary is found along Bell Creek, which runs north to south through Starr Ranch, entering Starr Ranch from Cleveland National Forest and leaving through Casper's Wilderness Park. Bell Creek eventuallyjoins San Juan Creek, which then Flows out to the Pacific Ocean. Minor tributaries that flow into Bell Creek on Starr Ranch include Fox and Crow Creeks and also Tick and Dove Creeks which bring urban runoff from Dove Canyon into a pumping system that provides water to the Trabuco Canyon Water District for recycling. Newport Valley Riparian Restoration with Diverse Communities Newport Valley ("John Wayne Gulch" on some maps) represents one of the largest natural spaces adjacent to the Upper Newport Bay. In this urbanized environment, Newport Valley acts as a wildlife corridor with raptors flying overhead and bobcats and coyotes roaming within. The freshwater wetland area to be restored is a transition zone between the adjacent wetland and the upland coastal sage scrub. The riparian zone is a relatively recent phenomenon. While historic maps show the valley containing a seasonal stream, water now flows year-round as a result of runoff from residential and golf course irrigation upstream. The extra water supports a large area of cattails and bulrushes in a freshwater marsh habitat. Past disturbances to Newport Valley have left a high volume of invasive species. Advantages of working at this site include a shallow groundwater table at less than three feet for three of five groundwater wells, as well a nearby nursery at the Back Bay Science Center to grow seedlings Page 15 of 28 I \Whit li MaV Sl. 2111x Slalf Keecumeudaliun COMMUNITY PvrTLAND RESTORATION GRANT PROGRAM and cuttings hciiu'e planting. Huntington Beach Wetlands Salt Marsh Bird's Beak Outplanting The I lunlington Bcach Wetlands Conservancy (I113WC) is both die land owner and the primary caretaker of the 3 marshes (Talbert Marsh, Brookhurst Marsh and Magnolia Marsh) of the I luntington Beach Wetlands complex. There are facilities on site that house the Interpretive Center and the Wetlands and Wildlife Care ('enter. The Interpretive Center is open to the public for educational purposes and to bring awareness to the wetlands and how the community can support efforts to maintain the wetlands for future generations. The Care Center cares for, on average, 4,500 orphaned and injured wildlife animals per year. There is also a native plant nursery on site from which many of the plants installed during the restoration of Brookhurst Marsh and Magnolia Marshes were grown. HBWC facilitates all project implementations, hosts on-site community programs and collaborates with a variety of partners to conserve populations of several threatened and endangered species including the Belding'ssavannah sparrow, California least tern, western snowy plover and Ridgeway's rail. Just recently salt marsh bird's beak (Chlorol�lron maritinnon subsp. m(1rl/unaun) was successfully introduced to Magnolia Marsh, which was restored and completed in 2010. San Diego County Batiquitos Lagoon Ecological Reserve (BLER) North Shore Restoration — Phase 3 The project area is approximately 3.84 acres of wetland, riparian, and coastal sage scrub habitat on both California Department of Fish and Wildlife property and Park Hyatt—Aviara property, a local resort hotel and golf course complex in Carlsbad, California. The property has many invasive trees (e.g., eucalyptus, tamarisk, palms, Brazilian pepper), plants (e.g., pampas grass, fennel, castor bean, tree tobacco, wild radish) and dead tree and plant material that poses a significant fire hazard and requires removal. The coastal sage habitat restoration area is disturbed, but has some covering of native grasses. The project area is 3.84 acres of disturbed habitat and includes a 258 -foot small stream corridor resulting from storm water runoff from the drainage area above. The site contains cattails and tamarisk. The project's wetland area has swaths of salt marsh and mudflats, with a significant accumulation of trash. CWRGP PROJECT HISTORY: The Southern California Wetlands Recovery Project (WRP) is a task force of 18 state and federal agencies coordinating with each other regarding expansion, restoration and enhancement of coastal wetlands and watersheds in Southern California. Since 2001, the participating agencies have prepared, and regularly updated, a list of priority projects known as the WRP Work Plan. The WRP agencies agreed that the Work Plan should include wetland restoration projects that are developed and implemented with extensive community involvement, which led to the Community Wetland Restoration Grant Program (CWRGP, originally called the Small Grants Program) to help fund these types of projects. The CWRGP supports education and community outreach to help achieve the expansion, restoration and enhancement of coastal wetlands and Page 16 of 28 I',hihn It NL,) '4. 101 SlanReccomendalian COMMUNITY IVETLAND RESTORATION GRANT PROGRAM watersheds, while also huilding institutional capacity filr planning and implementing restoration projects. Hie CW ROP has been funded and supported by many agencies and organizations over the years. Since the CWRGP began, Conservancy stafl'lnas convened an annual proposal review team composed of Conservancy and outer WRP member agency staff to provide input on which projects could help fulfill the goals of the CWRGP. From 2001 to 2009, the Conservancy granted funds to a nonprofit organization, Environment Now, to make subgrants to other entities for community wetland projects. In 2002, Earth Island Institute (El I), another nonprofit organization, also began to grant funds for CWRGP projects with funds it had obtained in settlement of litigation. Ell also began providing technical assistance to CWRGP grantees to help them build their programs and technical knowledge. Since then, Ell has continued to provide funds and technical assistance to Conservancy grantees and to other entities carrying out CWRGP projects. In 2016, WCB gave a grant to the Conservancy to provide subgrants for the CWRGP, and the Conservancy agreed to provide an annual match of funds. This current funding request is to distribute the second year ofthe WCB funds. Since 2001, 146 CWRGP projects have been completed with over $3.1 million spent on project implementation. Several of the organizations initially funded through the CWRGP have gone on to develop and implement larger scale acquisition and restoration projects for inclusion on the WRP Work Plan. The list of such organizations includes Huntington Beach Wetlands Conservancy, San Elijo Lagoon Conservancy, the City of Santa Barbara, South Coast Habitat Restoration, the City of Costa Mesa, Orange County Coastkeeper, University of California Santa Barbara, The Nature Conservancy, and Friends of Colorado Lagoon. These and other organizations underscore CWRGP's ability to help develop the skills and capacity in groups, through small project design and implementation, to take on larger projects for the purpose of Southern California wetlands recovery. PROJECT FINANCING Conservancy $30,000 Wildlife Conservation Board (through the Conservancy) $176,489 Subtotal $206,489 Earth Island Institute $220,000 Other funding sources (see below) $360,445 TOTAL $786,934 Staff recommends that the Conservancy authorize disbursement of $206,489 for the 2018 CWRGP. Ell will provide each CWRGP grantee with technical assistance as needed. (See "Project History" section, above). Page 17 of 28 I h, hit a Mai, 2.1, 111 18 Sia II Recconiondi,11011 ('OMMI /NITY WhTLAND RESTORATION GRANT PROGRAM The anticipated sources of funds are a Grant from the Wildlife Conservation Board (WCB) to the Conservancy. and Conservancy funds from the liscal year 2009/2010 appropriation from the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84, Public Resources Code section 75001, ct seq.). Of the $206,489, a total of $30,000 will he appropriated from Proposition 84 funding and the remaining $176.489 will be from WCB. Proposition 84 funding may be used for the protection of hays and coastal waters, including projects to prevent contamination and degradation of coastal waters and watersheds, projects to protect and restore the natural habitat values of coastal waters and lands, and projects and expenditures to promote access to and enjoyment of the coastal resources of the state pursuant to the Conservancy's enabling legislation, Division 21 of the Public Resources Code. (See Public Resources Code section 75060). The Community Olympia Oyster Restoration in the Jack Dunster Marine Reserve will protect coastal waters, restore natural habitat values, and promote access to and enjoyment of coastal resources through community-based restoration of coastal wetlands, rivers and associated habitats. Another requirement of Proposition 84 is that for projects that restore natural resources, the Conservancy is directed to give priority to projects that meet one or more of the criteria specified in Public Resources Code Section 75071. The Community Olympia Oyster Restoration in the Jack Dunster Marine Reserve additionally satisfies the following specified criteria: (b) Watershed Protection —the project will contribute to long-term protection of and improvement to the water and biological quality of coastal watersheds and the near shore area of the Pacific Ocean; and (e) Non -State Matching Funds. (See "Project Summary" section above for project description). The remainder of the Conservancy 2018 CWRGP funding ($176,489) is anticipated to come from a Wildlife Conservation Board (WCB) grant of $450,000. In November 2016, the WCB approved a grant to the Conservancy from the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (established by Proposition 50, Water Code Section 79500, et seq.). Under Water Code Section 79572(a), these funds may be used for the acquisition, protection, and restoration of coastal wetlands, upland areas adjacent to coastal wetlands, and coastal watershed lands. The project fits this funding criteria as follows: I , Section 79572(a)(1) allows for the acquisition, protection and restoration of coastal wetlands identified in the Southern California Coastal Wetlands Inventory, located within the coastal zone, other wetlands connected and proximate to such coastal wetlands and upland areas adjacent and proximate to such coastal wetlands. These five projects satisfy this criteria and are located in the coastal zone within Santa Barbara, Ventura, Los Angeles, Orange and San Diego Counties: Batiquitos Lagoon Ecological Reserve North Shore Restoration - Phase 3, Huntington Beach Wetlands Salt Marsh Bird's Beak Outplanting, Newport Valley Riparian Restoration with Diverse Communities, Refugio Creek Arundo Removal and Kalorama Wetland Restoration and Community Education Project. 2. Section 79572(a)(2) allows for the acquisition, protection and restoration of coastal watersheds and adjacent lands. These two projects satisfy this criteria and are located in Ventura and Orange counties: San Antonio Creek Restoration Project at Camp Comfort and Restoring Audubon Starr Ranch Riparian Woodlands with Community Participation. Page 18 of 28 I°xh,bU II MlY 2.1, -'UIS 11a IY'Iteccumoid;N0I COMMUNITY IVETLANO RESTORATION GRANT PROGRAM The cost lbr the eight 2018-2019 C'WRGI' projects selected for funding totals $786,934. All of these projects have significant matching funds.. Earth Island Institute will expend $220.000 to provide technical assistance to the grantecs. The remaining $360,445 will conic from other funding sources (specifically: $57,000 from federal sources, $18,300 from slate sources, $72,000 from private or corporate sources, $7,800 from other non -prof it agencies and $142,550 from organization matching funds). Furthermore. approximately $62,795 will he donated as in-kind services (not included in the total project costs). CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: The proposed authorization is undertaken pursuant to Chapter 3 and Chapter 6 or Division 21, Sections 31 1 19, 3 125 1-31270 of the Public Resources Code, respectively. regarding Educational Programs and Resource Enhancement Projects. Chapter 3: Establishment and Functions Section 31 1 19 authorizes the Conservancy to award grants for educational projects for pupils in kindergarten to grade 12, inclusive, relating to the preservation, protection, enhancement and maintenance of coastal resources. Seven of the eight projects include an educational component on watershed science and restoration for students in K-12: Batiquitos Lagoon Ecological Reserve North Shore Restoration - Phase 3, Huntington Beach Wetlands Salt Marsh Bird's Beak Outplanting, Restoring Audubon Starr Ranch Riparian Woodlands with Community Participation, Newport Valley Riparian Restoration with Diverse Communities, Kalorama Wetland Restoration and Community Education Project, Community Olympia Oyster Restoration in the Jack Dunster Marine Reserve, and San Antonio Creek Restoration Project at Camp Comfort. Chapter 6: Coastal Resource Enhancement Projects Section 31251 authorizes the Conservancy to award grants to nonprofit organizations "for die purpose of enhancement of coastal resources that, because of indiscriminate dredging or filling, improper location of improvements, natural or human -induced events, or incompatible land uses, have suffered loss of natural and scenic values." All of the proposed projects will enhance or restore natural resources that have been degraded by human activities. Under Section 3125 12, the Conservancy may award grants to enhance a watershed resource partly outside of the coastal zone. Some of the proposed projects lie outside the coastal zone but, consistent with Section 31251.2, these proposed projects will enhance the natural or scenic character of coastal resources within the coastal zone and therefore the conservancy may award a grant for those projects. Audubon Starr Ranch's Restoring Audubon Starr Ranch Riparian Woodlands with Community Participation project is located in the foothills of the Santa Ana Mountains at Bell Creek, an important riparian corridor within the San Juan Creek watershed. Bell Creek, which lies partly outside of the coastal zone, joins San Juan Creek which eventually flows to the Pacific Ocean. The C.R.E. W.'s San Antonio Creek Restoration Project at Camp Comfort is located on the San Antonio Creek approximately one mile from downtown Ojai and is also located partially outside the coastal zone, and drains into the Ventura River which empties into the Pacific Ocean. Page 19 of 28 I.0i+tla May' -4. 201951a 11'Reccnmcndat win COMMUNITY WETLAND RESTORATION GRANT PROGRAM Section 31252 requires that all areas proposed for resource enhancement by a state agency. local public agency, or nonprofit organization shall be identified in a certified local coastal plan or program as requiring public action to resolve existing or potential resource protection problems or shall he so identified in other local plans which the commission determines to be consistent with the policies and objectives of Division 20 (commencing with Section 30000). Batiquitos Lagoon Ecological Reserve North Shore Restoration - Phase 3, Huntington Beach Wetlands Salt Marsh Bird's Beak Outplanting, Restoring Audubon Starr Ranch Riparian Woodlands with Community Participation, Newport Valley Riparian Restoration with Diverse Communities, Community Olympia Oyster Restoration in the Jack Dunster Marine Reserve, Refugio Creek Arundo Removal and San Antonio Creek Restoration Project at Camp Comfort all are identified in local coastal plans as requiring public action to resolve existing or potential resource protection problems. The Kalorama Wetland Restoration and Community Education Project is located on State Parks land and is not identified in any local coastal plan. See Consistency with Local Coastal Program Policies section, below. Consistent with Section 31253, the recommended amount of funding is determined by evaluating the total amount of funding available to the Conservancy for coastal resource enhancement projects, the fiscal resources of each applicant, the urgency of the project relative to other similar projects, and the application of other factors prescribed by the Conservancy for the purpose of determining project eligibility and priority. For each of the proposed projects, the Conservancy's funding was deemed appropriate through a competitive grant process that included selection because each of the projects' benefits to coastal habitat is significant. The use of community volunteers in all of these proposed projects provides added cost savings, and each proposed project includes an important public education component. CONSISTENCY WITH CONSERVANCY'S 2018 - 2022 STRATEGIC PLAN GOAL(S) & OBJECTIVE(S), AS REVISED NOVEMBER 30,2017: Consistent with Goal 6, Objective B, of the Conservancy's 2018 - 2022 Strategic Plan, the proposed 2018 CWRGP projects collectively will enhance approximately 19 acres of coastal habitats such as coastal wetlands, and approximately 4,500 feet of stream corridors. Consistent with Goal 6, Objective D, all eight proposed projects will be implemented to preserve and enhance coastal watersheds and floodplains: Batiquitos Lagoon Ecological Reserve North Shore Restoration - Phase 3, Huntington Beach Wetlands Salt Marsh Bird's Beak Outplanting, Restoring Audubon Starr Ranch Riparian Woodlands with Community Participation, Newport Valley Riparian Restoration with Diverse Communities, Community Olympia Oyster Restoration in the Jack Dunster Marine Reserve, Refugio Creek Arundo Removal, San Antonio Creek Restoration Project at Camp Comfort and the Kalorama Wetfand Restoration and Community Education Project. Consistent with Goal 4, Objective A, each of the proposed 2018 CWRGP projects will support programs or events that improve public understanding of coastal resources by involving communities and volunteers in coastal resource restoration. Page 20 of 28 P 01 t6n Ii blm SI. `Ills Slat arcronuvdal wn COMMUNITY li'ETLAND RESTORATION GRANT PROGRAM Consistent with Goal 4, Objective 13 the Kalorama Wetland Restoration and Community Education Project, Huntington Beach Wetlands Salt Marsh Bird's Beach Oulplanling and the C'onmmunily Olympia Oyster Restoration in the Jack Dunstcr Marine Reserve will support the design and installation of interpretive or educational displays related to coastal and watershed resource education. CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA & GUIDELINES: The proposed 2018 CWRGP projects are consistent with the Conservancy's Project Selection Criteria and Guidelines, last updated on October 2, 2014 in the following respects: Required Criteria Promotion of the Conservancy's statutory programs and purposes: See the "Consistency with Conservancy's Enabling Legislation" section above. Consistency with purposes of the funding source: See the "Project Financing" section above. Support of the public: The proposed projects are supported by elected officials, numerous community and nonprofit organizations, and local agencies. See Exhibit x for support letters. Location: The proposed 2018 suite of CWRGP projects are located within the coastal zone or coastal draining watersheds. 'file projects' locations span all five southernmost California coastal counties constituting the California Bight, Iron Point Conception in Santa Barbara County to the international border with Mexico. More specific information on each project location is provided in the "Site Description" section ol'the "Project Summary", above. Need: 'fhe CW RGP is not sustainable without Conservancy funding. Further, each of the proposed projects would not happen without Conservancy funding. Greater -than -local interest: The CWRGP is regional by design and serves greater -than- local interest through the cumulative benefits of multiple small acreage projects. The proposed projects will help restore native wetland habitat critical for migratory birds and commercially and recreationally important fish species. The proposed projects also provide educational opportunities for people throughout the region to participate in on -the -ground habitat restoration activities. Sea level rise vulnerability: Four of the eight proposed 2018 CWRGP projects are not located directly at the coast, and will therefore not be affected by sea level rise. The Kalorama Wetland Restoration and Community Education, Huntington Beach Wetlands Salt Marsh Bird's Beak Outplanting and Batiquitos Lagoon Ecological Reserve North Shore Restoration — Phase 3 are the only projects out of the 2018 project sites detailed in the Project Summary section, above, located at or near sea level in an area vulnerable to sea level rise. These project sites have adequate surrounding buffer zone to allow for habitat migration and/or conversion considering a range of sea level rise scenarios for the years 2050 and 2100. The Community Olympia Oyster Restoration in the Jack Dunster Marine Reserve is focused on oyster restoration in a subtidal area, which will not be impacted by sea level rise. Additional Criteria Page 21 of 28 h: hiha 11 Mary 'J, !1119 S611l Recamnendanon COMMUNITY WETLAND RESTORATION GRANT PROGRAM Urgency: Six of the eight proposed projects target invasive species for removal. Timely implementation ol'snnall invasive removal projects before these invasive species can further spread helps prevent widespread dispersal and habitat destruction. The other two projects, The C'onnnnunlily Olympia Oyster Restoration in the Jack Dunster Marine Reserve and I luntinglon Beach Wetlands Salt Marsh Bird's Beach Outplanting, address an urgent need to establish additional populations of threatened species, increasing their resistance to localized catastrophes. Leverage: See "Project Summary" section, above for specific details of leverage of funding for each of the proposed 2018 CWRGP projects. Innovation: All of the proposed projects demonstrate innovation through the inclusion of a wide range and diversity of volunteers often targeting low-income and underserved communities and multi -generational community members. Readiness: All ofthe proposed projects are ready to be completed within one to two years. Realization of prior Conservancy goals: See "Project I listory" section, above. Cooperation: The proposed projects will, by design, foster cooperation between the lead organization and the community in helping to enhance coastal resources. Multiple community organizations, nonprofits and local agencies will be involved in implementation of the proposed projects. CONSISTENCY WITH LOCAL COASTAL PROGRAM POLICIES/OR OTHER RELEVANT LOCAL, STATE AND/OR FEDERAL POLICIES: Refugio Creek Arundo Removal: The project falls under the jurisdiction of the Santa Barbara County Local Coastal Plan. In particular, the project addresses Policy 9-37. This policy states that "Riparian vegetation shall be protected ... Where riparian vegetation has previously been removed, except for channelization, the buffer shall allow for the reestablishment of riparian vegetation to its prior extent to the greatest degree possible". The project is consistent with this policy because it enhances the riparian buffer zone by removing invasive species (Arundo donax) and planting native trees within the designated 100 feet buffer zone. Additionally, the removal of non-native invasive plants is listed in the California Department of Fish and Wildlife's, Wildlife Action Plan. In Province -Specific Conservation Strategies — South Coast, Conservation Strategy 5 (Direct Management): "Manage invasive species, with focus on reducing the extent of invasive species (particularly A. donax and tamarisk) and improving structural diversity of native vegetation". The objectives are to "Improve vertical and horizontal structural diversity of riparian habitat. Reduce the aerial extent of invasive infestations (to 35-50 percent of area that has invasive plant infestations (specifically Arundo and tamarisk) and/or invasive animal species). Pursue funding for invasive species eradication and control." This project aligns with this plan through the treatment and removal of invasive A. Donax. Kalorama Wetland Restoration and Community Education Protech The Kalorama Wetland Restoration and Community Education Project does not fall under thejurisdiction of a Local Coastal Plan or other planning document. The project area is within the San Buenaventura State Page 22 of 28 I ch1hn n Mm _'d, 11116 sia11 Keecttmmndaoun COMMUNITY IVF.TLAND RESTOR; I TION GRANT PROGRAM Beach and under (hejurisdiclion of' (lie California Department of Parks and Recreation (CDPR). Nathaniel Cox with the CDPR supports the project, The CDPR docs not currently have a management plan that includes the project area and the C'DPRs General Plan for the San Buenaventura Slate Beach does not mention the project area. The project area is in the Coastal Zone but is not in the Ventura County Resource Management Agency Coastal Plan Arca and is not under the plan's jurisdiction. The project area is not part of the City of Ventura's Downtown Specific Plan, like the adjacent Seaside Part:, and not under City.jurisdiction. San Antonio Creek Restoration Project at Camp Comfort: The C'.R.E.W.'s grant application for the San Antonio Creek Restoration Project at Camp Comfort directly addresses and incorporates several goals/objectives that are outlined in the Ventura County General Plan 2017 Coastal Area Plan as well as the Ventura River Watershed Management Plan (2015). Specifically, under the Coastal Area Plan section 2.2, 30231 "Biological productivity; water quality," the project is helping control runoff, preventing depletion of groundwater supplies, and maintaining a natural vegetation butler area that protects a riparian habitat. This correlates with "Healthy Ecosystems" in the VRWMP (page 63), as we are restoringArunclo donax invaded habitat and improving habitat for native species such as the Southern Steelhead Trout and the California Red Legged Frog (page 66). The VRWMP states on page 67 that controlling A. domes is a priority for habitat restoration and fire protection, as well as flood protection and water supply enhancement. 'file 2016/2017 A. clonax removal project completed by OVLC/CCC, and teaming partners. along San Antonio Creek was successful in slowing the spread of fire during the Thomas Fire incident. Riparian corridors generally provide fire buffers as green vegetation is less flammable, while invasive plant species like A. donnx become dry in the summer/fall months and increase the potential for spreading fire within the riparian area. OVLC and teaming partners conducted site visits after the Thomas Fire, and found that San Antonio Creek was resilient to fire damage and generally stopped/slowed the spread of the fire across the creek, where A. donax had been previously removed. It has been noted that the greatest damage to the native riparian vegetation occurred in places where A. donnx was not removed. In addition, under the Coastal Area Plan section 2.5 Recreation, section 30223 "Upland areas," our project is an upland area "necessary to support coastal recreational uses" and is being "reserved for such uses." This project will reduce flooding, sediment, and transmission of invasive species that directly impacts the quality of coastal recreation at the mouth of the Ventura River. It is also increasing "Access to Nature" (VRWMP page 698, objectives A, C, D and E) by improving the public's ability to enjoy and appreciate San Antonio Creek in a well -visited Ventura County park. Under the Coastal Area Plan section 4.1.5 "Tree Protection," this project is protecting native oaks and sycamores by restoring native understory. Under the Coastal Area Plan section 4.1.8 "Water Efficient Landscaping," this project is demonstrating the beauty of using a native plant pallet and using very little water (with planting timed with rain events, and hand watering for plant establishment). This also corresponds with "Sufficient Water Supplies" on page 50 of the VRWMP. Community Olympia Oyster Restoration in the Jack Dunster Marine Reserve: The proposed restoration project is consistent with the goals and strategies of the following regional watershed and wetland conservation plans. The City of Long Beach Local Coastal Program (City of Long Beach, Adopted February 1980 and subsequently incorporated into the General Plan) states, "The purpose of the LCP and amendments is to preserve shoreline resources and Page 23 of 28 �t�+eui;. S�kt��.�.�eTbYiiY `c� a'A%�Ci��Y�.F.a-• `TiF�e}G'A'Lf%s)T �%.�2. T�C^3.iY 3'<f."— ,. I zh,ha II May 24. 2019 tiral'l Reecaamalaunn COMMUNITY WMAND RESTOR4 TION GRANT PROGRAM Provide fin' puhlic access." The proposed work is directly in line with this goal. 'file Southeast Area Specific Plan and the certification of the EIR was approved by the Long Beach City Council on September 19, 2017. This project is aligned with Priority 1/2 of this plan, "Wetlands Enhancement: Improve accessibility and pursue opportunities to restore wetland viability." The Integrated Regional and Coastal Watershed Management Plan (Greater Los Angeles County, Adopted December I3, 2006) states, -The purpose of this management plan is to improve water supplies, enhance water supply reliability, improve surface water quality, preserve flood protection, conserve habitat, and expand recreational access." This project will contribute to conserving habitat, expanding public access and education about conserved habitat, improving on coastal erosion which preserves and enhances flood protection, and it may improve the quality of water. Additionally this project aligns with Restoration Planning by the Los Cerritos Wetlands Authority (established in February 2006 by a joint powers agreement among the Rivers and Mountains Conservancy, State Coastal Conservancy, City of Long Beach, and City of Seal Beach). The Authority is charged with, among other responsibilities, protecting, conserving and restoring the Los Cerritos Wetlands area to afford flood protection, habitat conservation, and improved water supply. The proposed work is directly in line with this goal, and the Los Cerritos Wetlands area is directly adjacent to the proposed project location. Starr Ranch is not located within the coastal zone. The Resources Element of the County of Orange General Plan, March, 2011 identities Starr Ranch as a significant open space inland area and notes that "wildlife habitat is protected through the continued existence and operation of wildlife sanctuaries such as the Audubon Society's Starr Ranch Wildlife Sanctuary." It also points out the important buffer role the Ranch has in relation to the Cleveland National Forest. The plan states that "this area is valuable because of its scenic qualities, recreation opportunities, and for the preservation of important ecological habitats. The Caspers Wilderness Park area merits high-priority status through the combined efforts of County of Orange (Caspers Wilderness Park), U.S. Department of Agriculture (Cleveland National Forest), the National Audubon Society (Starr Ranch Audubon Sanctuary), and adjacent private landowners to create and operate a major conservation and recreation open space area for the benefit of County residents." This project is consistent with that priority status in that it helps restore portions of Starr Ranch through the removal of non-native plant species and re -vegetation with native plants. The project also will enhance steelhead habitat in Bell Creek, a tributary to San Juan Creek with direct connection to the Pacific Ocean. Newport Valley Riparian Restoration with Diverse Communities: The City of Newport Beach Local Coastal Program includes a Land Use Plan (LUP) and an Implementation Plan. The project addresses aspects of both Plans. Section 4.1.1-12 of the LUP states "Require the use of native vegetation and prohibit invasive plant species within ESHAs and ESHA buffer areas." This project is consistent with this policy because the targeted restoration areas are considered ESHA. Native plants will be planted and invasive plants species are targeted for removal with this restoration plan. In the Implementation Plan, Section 21.306.040 Wetland, Deepwater Areas, and Other Water Areas includes the following policy: A. Protection Required. Page 24 of 28 I-cIuba it Idm.: 1, 1111% 51ur1'I4cc,vn ndaliun COMMI1NITY IVE'rLAND RESTORATION GRANT PROGRAM I. The biological productivity anLit lie quality of coastal waters, streams, wetlands, estuaries, and lakes shall he protected, maintained and, where leasible, restored, This project is consistent with this policy because the planting of additional native vegetation Will slow the Ilow of water during rain events, which will decrease the chance for erosion to take place. A slowed hydrology in Newport Valley will also allow more water to infiltrate the ground providing for additional natural water purification before entering the Upper Newport Bay. Huntington Beach Wetlands Salt Marsh Bird's Beak Outnlanting: The City of Huntington Beach Local Coastal Program (LCP) contains objectives and policies consistent with the Huntington Beach Wetlands Salt Marsh Bird's Beak Outplanting project. These include: Objective C2.5 -- "Maintain and enhance, where feasible, existing shoreline and coastal resource access sites." Objective C2.6 "Promote and provide, where feasible, additional public access, including handicap access, to the shoreline and other coastal resources." Policy C2.6.6 -- "Promote public access to coastal wetlands for limited nature study, passive recreation and other low intensity uses that are compatible with the sensitive nature of these areas." Policy C3.2.1 "Encourage, where feasible, facilities, programs and services that increase and enhance public recreational opportunities in the Coastal 'Lone." The proposed project will enhance coastal resources, provide access to coastal resources through the involvement of project volunteers, promote low intensity recreation, and enhance recreational opportunities in the coastal zone and is therefore consistent with all these listed objectives and policies. Batiauitos Lagoon Ecological Reserve (BLER) North Shore Restoration — Phase 3: The City of Carlsbad has one of the few approved Habitat Management Plans (HMP) as well as a city's LCP. The proposed project is fully consistent with both of them. The City of Carlsbad serves on the San Diego Association of Governments' (SANDAG) Board of Directors with all of the key San Diego County cities. SANDAG has established a Management Specific Plan (MSP) which is to serve as a living document that indicates the high priority focus for environmental and restoration projects within county boundaries. Many grant applications now require documentation showing how a proposed project meets one or more of the current high priority projects (e.g., post -wildfire restoration, re-establishing and improving native bird, wildlife, and marine life populations and habitats, climate change and climate action). The proposed project includes satisfying some of the current MSP goals. These include: Coast wallflower (SL), Nuttall's acmispon (SO), Orcutt's brodiaea (SO), Otay tarplant (SS), and San Diego thom-mint (SO); and existing populations of California least tem (SO), Light-footed Ridgway's rail (SO), Beldings Savannah Sparrow (CE(2)), and Western Snowy Plover (FT, SSC). COMPLIANCE WITH CEQA: The CWRGP 2018 proposed projects are categorically exempt from the California Environmental Quality Act (CEQA), under 14 California Code of Regulations (CCR) Section 15304, minor alterations to the land, water and/or vegetation, 14 CCR Section 15306, information collection, and 14 CCR Section 15333, habitat restoration or enhancement projects not exceeding five acres in size. The applicability of the categorical exemptions for each proposed project is described below. Page 25 of 28 I 011"t It Mus _' I, 1019 sun COMMUNITY IVETLAND RESTORATION GRANT PROGRAM Refugio Creek Arundo Removal: The proposed project will re -treat 35 ,Irunrto donax patches and revegetate additional riparian areas with native trees. Removal of/I. dorurs will be done predominantly with hand tools and herbicide applied to the cul A. donna stands to prevent regrowth. Use of herbicide is a standard practice for habitat restoration projects throughout the state of California because small amounts of herbicide is the Best Management Practice for control of A. donax and other invasive species targeted in this proposed project. A. donax, an extremely resilient and noxious weed, frequently requires chemical treatment to achieve complete eradication. The proposed project is designed to require that the herbicide applications do not impact surrounding vegetation and wildlife. The limited application of herbicides to the A. donax does not present an unusual circumstance requiring further environmental review. (See section 15300.2). Therefore, the proposed project is categorically exempt pursuant to Section 15304, minor alterations to land, because it removes invasive species and does not remove healthy, mature and scenic trees. The proposed project is also categorically exempt under Section 15333, small habitat restoration projects, because it involves revegetation of disturbed areas that do not exceed 5 acres in size; will have no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065; does not disturb or remove any hazardous materials at or around the proposed project site; and will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. Kalorama Wetland Restoration and Community Education Project: The proposed project will remove invasive plants using predominantly hand tools and herbicide. Use of herbicide is a standard practice for habitat restoration projects throughout the state of California because small amounts of herbicide is the Best Management Practice for control of the invasive species targeted in this proposed project. The proposed project is designed to require that the herbicide applications do not impact surrounding vegetation and wildlife. The limited application of herbicides does not present an unusual circumstance requiring further environmental review. (See section 15300.2). Therefore, the proposed project is categorically exempt pursuant to Section 15304, minor alterations to land, because it will remove invasive species and will not remove healthy, mature and scenic trees. The proposed project is also categorically exempt under Section 15333, small habitat restoration projects, because it involves revegetation of disturbed areas that do not exceed 5 acres in size; will have no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065; will not disturb or remove any hazardous materials at or around die proposed project site; and will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. In addition, the proposed project will host interns from Ventura High School's environmental club that will assist with monitoring of the project. Therefore, the project is categorically exempt under Section 15306, information collection, as students will be collecting basic data, for educational purposes that will not result in a major habitat disturbance. San Antonio Creek Restoration Project at Camp Comfort: The proposed project will restore approximately 2 acres of freshwater wetland by removing invasive species and planting native species. Restoration involves revegetation of disturbed areas with native plant species, and the restoration or enhancement of habitat will be carried out principally with hand labor and non - mechanized equipment. Therefore, the proposed project is categorically exempt pursuant to Page 26 of 28 Iohihn H Nlm 24. 2_019 Scar ltecconi nda0un COMMUNITY {VFTI AND RESTORATION GRANT PROGRAM Section 15304, minor alterations of the land, water and/or vegetation because it will remove invasive species, plant native species and will not remove healthy, mature and scenic trees. The proposed project is also categorically exempt under Section 15333, small habitat restoration projects, because it involves revegetation ofdisturbed areas that do not exceed 5 acres in size; will have no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065; will not disturb or remove any hazardous materials at or around the proposed project site: and will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. Community Olympia Oyster Restoration in the Jack Dunster Marine Reserve: The proposed project aims to expand an existing native oyster bed by deploying shell strings to gather oyster recruits, and incorporating those oyster recruits into the existing oyster bed. This project is categorically exempt under Section 15333 because it involves habitat restoration (oyster beds) of disturbed areas that do not exceed 5 acres in size; will have no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065; will not disturb or remove any hazardous materials at or around the proposed project site; and will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. In addition, the outreach components of the project (in -class presentations, field trips including biological monitoring) are categorically exempt under Section 15306, information collection, as students will be collecting basic data, for educational purposes that will not result in a major habitat disturbance. Restoring Audubon Starr Ranch Riparian Woodlands with Community Participation: The proposed project will enhance existing freshwater wetland by removing invasive species without the use of herbicide and planting native species. Restoration involves revegetation of disturbed areas with native plant species, and the restoration or enhancement of habitat will be carried out principally with hand labor and non -mechanized equipment. Therefore, the proposed project is categorically exempt pursuant to Section 15304, minor alterations of the land, water and/or vegetation by removing invasive species and planting native species and does not remove healthy, mature and scenic trees. In addition, the project will utilize volunteers from local schools in the restoration and monitoring and provide training on environmental conservation issues and restoration methodology, making the project categorically exempt under Section 15306, information collection, as students will be collecting basic data, for educational purposes that will not result in a major habitat disturbance. Newport Valley Riparian Restoration with Diverse Communities: The proposed project aims to restore one acre of riparian habitat at Newport Valley. This project is categorically exempt under Section 15333 because it involves habitat restoration by revegetating disturbed areas that do not exceed 5 acres in size; will have no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065; does not disturb or remove any hazardous materials at or around the proposed project site; and will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. In addition, the proposed project includes expanding the Environmental Leader Internship Program, which trains ethnically Page 27 of 28 1-011,11 H Mm da 201N, Sian HmentncnJninn COMMUNITY WF.TI A" RESTORATION GRANT PROGRAM diverse college students to prepare and lead restoration ellorts involving highschool students from underserved communities. '['he outreach components of the project are categorically exempt under Section 15306, information collection, as students will he collecting basic data, for educational purposes that will not result in a major habitat disturbance. Huntington Beach Wetlands Salt Marsh Bird's Beak Outplanting: The proposed project will restore approximately one acre of wetland habitat through the planting of additional upper marsh plant species, and monitor previously restored patches of salt marsh bird's -beak (C'h(ornpvron rmtriliauus subsp. Mnriiimum), in Magnolia Marsh in the I luntington Beach wetlands complex. This project is categorically exempt under Section 15333 because it involves habitat restoration by revegetating disturbed areas that do not exceed 5 acres in size; will have no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065; does not disturb or remove any hazardous materials at or around the proposed project site; and will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects ol'other current projects, and the effects of probable future projects. The project includes 15 community-based restoration events, including students from local high schools, for assistance with installing plants, weeding, watering, and monitoring soil conditions. Therefore, the project is categorically exempt under Section 15306, information collection, as students will be collecting basic data, for educational purposes that will not result in a major habitat disturbance. Batiquitos Lagoon Ecological Reserve (BLEB) North Shore Restoration — Phase 3: The proposed project will remove existing invasive trees (Eucalyptus and Palm) and restore native vegetation and trees (mainly Torrey Pine) to a 3.84 acre area of wetland in the Batiquitos Lagoon Ecological Reserve. The proposed project is categorically exempt pursuant to Section 15304, minor alterations of the land, water and/or vegetation by removing invasive species and planting native species and does not remove healthy, mature and scenic trees. The proposed project is also categorically exempt under Section 15333, small habitat restoration projects, because it involves revegetation of disturbed areas that do not exceed 5 acres in size; will have no significant adverse impact on endangered, rare or threatened species or their habitat pursuant to Section 15065; does not disturb or remove any hazardous materials at or around the proposed project site; and will not result in impacts that are significant when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. Upon approval, staff will file a Notice of Exemption for each proposed project. Page 29 of 28 STA I L OF CALIFORNIA STANDARD AGREEMENT Sfd :711 e;uB Rlv OF IF) AGRFrmtm NLWIJI It AM NV 18-004 i I I AXPAYE RS E 4UI-HAI I: MPI OYE R IDL N I I I ILA I IUN 140 94-3213100 tt.1` I THIS AGREEMENT, made and entered into this ____... day of _ _. in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting IIIA rn UI I a. I H ALI INU I OR S)At I _- nr,F iv2v _ I.xccutiveUClicer IState Coastal Conservancy hereafter called the Conservancy, and GRAN I I I S NAME fides Center/Marine kciucatioll Pro' OCl hereafter called the Grantee The Grantee. for and In consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed• does hereby agree as follows the State Coastal Conservancy ("the Conservancy") and the Tides Center/Marine Education Project ("the grantee") agree to amend their existing Agreement No. 18-004 as follows: TERM OF AGREEMENT The completion date is changed to March 31, 2020. The linat Request for Disbursement must be submitted no later than April 25, 2020. (C'ontinued on the following pages) The provisions on the following pages constitute a part of this agreement. IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE OF CALIFORNIA GRANTEE - GRANTEE I/I ofhw roan an indrvitluel, state whalher a corpare(wn, Partnershp, ek; AGS NCY State Coastal C'on- rvaney Tides Center/MArine Education Project BY (Aureonzed,siggarure) 71 aY (Aurh ' e a ) PRINIED NAME TITLE OF PERSON SIGNING PP.It�TEO AND TITLE OF PERSON SIGNING Samuel Schuchat, Executive Officer k+fichael Chasnow, Senior Advisor ADDRESSd PHONE NUMBER ADDRESS&PHONE NUMBER 1515 Clay Street, 10"' Floor 600 Shellmaker Drive Oakland, CA 94612 Newport Beach, CA 92660 Phone: (510} 286-1015 Phone: (949) 1 AMOUNT ENCUMBERED BY THIS DOCUMENT PROGRAM/CATEGORY (CODE AND TITLE) FUND TITLE/PROP NO Safe Drinking Water, Water I certifyihat $ Local Assistance uali and Su t ,... Pro 84 agreement exempt fro PRIOR AMOUNT FUND ITEM CHAPTER STATUTE FISCAL YEAR Departmen ENCUMBERED FOR THIS General Sery AGREEMENI 3760-101-605100008(0995)(B0622) 23 2016 16/17 approval $22,_50_0.00 WC-163DC) WCB — IUILL.\MIJUN'I' PROJECT NAME e.NC UMBPALU rU U,\ Il_ $22,500.00 New ort Valley Riparian Restoration with Diverse Communities I hereby certify upon my ow personal knowledge that budgeted funds are available for the penod and purpose or the expenditure stated above. Erli Pro be C ureme I -SIGNATURE OF AL' TI 0 R DATE Contracts Me zS _10/,9 0 STATE AGENCY 1286 this Is m of ices' y: ouz and lager RANTEE A COVNTING ❑PROJECT fv1ANAGER ❑CONTROLLER fides ('en(el/Marinc Education Project GrantiAgreenrenl No. I8-004 Pagc 2 C'ONDI'TIONS PRECEDENT TO C'OMMENC'EMENT OF PROJECT AND DISBURSEMENT Condition I.c. is amended as follows: The grantee has entered into a written agreement with the owner of the project site sufficient to protect the public interest and to enable the grantee to implement, monitor, and maintain the project consistent with this grant agreement. AUTHORIZATION 'I'hc Iidlowing sentence is added to this section: The source of Conservancy funds for this agreement is a 2016 grata to the Conservancy by the Wildlife Conservation Board ("WCB"), an agency of the State of California. WORK PRODUCTS The following sentence is added to this section: All informational products (e.g., data, studies, findings, management plans, manuals, photos, etc.) relating to California's natural environment and produced with the use of public funds shall be cataloged in the California Geoportal http://portal. =i€ s.ca.gov/geoportaL/catalog/main/home.page), maintained by the California Department of Technology. EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM This section is deleted in its entirety and replaced with the following: The Conservancy may terminate or suspend this agreement for any reason by providing the grantee with seven days' notice in writing. Upon receipt of such notice, grantee shall innnediately stop work under the agreement and take all reasonable measures to prevent the incurring of further costs. If the Conservancy terminates or suspends the agreement, the Conservancy shall be responsible for any reasonable and non -cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this agreement. Any notice Tides Center/Marine Education Project Grant nurcentent No. 18-004 Page 3 FAWN TF,RMINATION, SUSPENSION AND FAILURE TO PERFORM (Continued) suspending work under this agreement shall remain in effect until further written notice from the Conservancy authorizes work to resume. I f grantee is obligated to produce work products under this agreement, on or before the date of termination of the agreement under this section, the grantee shall provide the Conservancy "ith all work, material, data, information, and written, graphic or other work produced, developed or acquired under this agreement (whether completed or partial), in appropriate, readily useable form. The grantee shall include in any agreement with any contractor retained for work under this agreement a provision that entitles the grantee to suspend or terminate the agreement with the contractor for any reason on written notice and on the same tennis and conditions specified in this section. In the event of a default by grantee before the project is complete then, in addition to any and till other remedies available, at law or in equity, the Conservancy may seek specific performance of the agreement. The grantee agrees that specific performance is an appropriate remedy because the benefits to the Conservancy from grantee's completion of the project are unique, and damages would not adequately compensate the Conservancy for the loss ol'such benefits. In the event of a default by grantee, in addition to any and all other remedies available under this agreement, at law or in equity, the Conservancy may require grantee to reimburse the Conservancy the entire amount of funds provided under this agreement. In its sole discretion, the Conservancy may require reimbursement of an amount determined by application of the following Reimbursement Formula: "Reimbursement Formula": The product of the dollar amount of funds provided under this agreement divided by number of years project is required to be maintained, multiplied by the number of years remaining when default occurs. Example: Grant of $50,000 to ABC for restoration of wetland. Term of agreement is 25 years. With 10.5 years remaining in the term, ABC defaults under the agreement. The reimbursement amount would be $21,000, calculated as follows: ($50,000 _ 25 years) x 10.5 years = $21,000. Reimbursement shall be due from the grantee immediately upon written demand by the Conservancy. Interest shall accrue at the highest rate allowed by law from the time that the reimbursement becomes due until it is actually received by the Conservancy. I ides ('CHICI'tvlarinc l:ducatiun Project Grum .Agreement No. 18-004 Ilu,,e -t EARLY TERMINATION„SUSPENSION AND FAILURE TO PERFORM (Continued) Any costs incurred by the Conservancy to protect its interests in the funds provided under this agreement, including but not limited to Costs of suit, attorneys' tees, experts' lees at trial and on appeal and costs of enforcing anyjudgment, shall be borne by the grantee. INDEMNIFICATION AND HOLD HARMLESS The first paragraph of this section is replaced by the following: The grantee shall be responsible for, indemnify and hold harmless the Conservancy, the Wildlife Conservation Board, their officers, agents and employees from any and all liabilities, claims, demands, damages, or costs, including without limitation litigation costs and attorneys fees, resulting from or arising out of the willful or negligent acts or omissions of the grantee, their officers, agents, contractors, subcontractors and employees, or in any way connected with or incident to this agreement, except for the active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and hold harmless includes the duty to defend as set forth in Civil Code Section 2778. If the grantee is a public entity, this agreement supersedes any right the grantee may have as a public entity to indemnity and contribution as provided in Gov. Code Sections 895 el seq. The following sections are added to the agreement: OPERATION AND MAINTENANCE The grantee shall use, manage, maintain and operate the project throughout the term of this agreement consistent with the purposes for which the Conservancy's grant was made. The grantee assumes all costs incurred to comply with the requirements of this section; the Conservancy is not responsible for any cost of use, 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. INSPECTION Throughout the term of this agreement, the Conservancy, WCB, and the California Department of Fish and Wildlife ("CDFW") shall have the right to inspect the project area at least once every twelve months to ascertain compliance with this agreement. Such access shall be at times reasonably acceptable to the grantee, the owner of the project site, and the Conservancy, WCB and/or CDFW. I idc.ti ('rn0.r �lariue I:'ducatiun I'rojcct (;rant ,1,1ccmcnl No. 18-004 I'agi > DRUG-FREE WORKPLACE CERTIFICATION Grantee hereby certifies, under penalty of perjury under the laws of the State of ('alilomia, that grantee will comply with the requirements of the Drug -Free Workplace Act 01' 1990 (Government Code Section 8350 et seq.) and that it will provide a drug-free workplace by taking the following actions: I. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(x). 2. Establish a Drug -Free Awareness Program as required by Goverment Code Section 8355(b) to inform employees about all of the following: a. the dangers of drug abuse in the workplace; b. the person's or organization's policy of maintaining a drug-free workplace; c. any available counseling, rehabilitation and employee assistance programs; d. penalties that may be imposed upon employees for drug abuse violations. 3. Provide, as required by Government Code Section 8355(c), that every employee who works on this agreement: a. will receive a copy of the grantee's drug-free policy statement; arid, b. will agree to abide by the terms of the grantee's statement as a condition of employment in connection with this agreement. Failure to comply with these requirements may result in suspension of disbursements under this agreement or termination of the agreement or both, and grantee may be ineligible for award of any future state grants if the Conservancy determines that any of the following has occurred: (1) grantee has made false certification, or (2) grantee has violated the certification by failing to carry out the requirements as noted above. UNION ORGANIZING Grantee hereby acknowledges the applicability to this agreement of Government Code Sections 16645 through 16649, and certifies that: No state funds disbursed by this grant will be used to assist, promote or deter union organizing; I ides ('cnten/Nlarinc Education Project Grant Agreement No. 15-004 Page 0 UNION ORGANIZING (Continued) ?. Grantee shall account liar state funds disbursed for a specific expenditure by this grant, to show those Binds were allocated to that expenditure; i. Grantee shall, where state funds are not designated as described in subsection 3 above, allocate, on a pro -rata basis, all disbursements that support the grant program; and q. lfgrantee makes expenditures to assist, promote or deter union organizing, grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that grantee shall provide those records to the Attorney General upon request. All other terms and conditions of the existing agreement shall remain in effect. REVOCABLE LICENSE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE TIDES CENTER MARINE EDUCATION PROJECT FOR USE OF CITY PROPERTY FOR NEWPORT VALLEY HABITAT RESTORATION PROJECT THIS REVOCABLE LICENSE AGREEMENT FOR USE OF CITY PROPERTY FOR NEWPORT VALLEY HABITAT RESTO�TION PROJECT ("Agreement") is made and entered into as of this 1� day of &n°uary;i1 2016 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and THE TIDES CENTER MARINE EDUCATION PROJECT, a California nonprofit corporation ("Licensee"), whose address is P.O. Box: 29907, San Francisco, California 94129-0907, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City. B. Licensee is a California nonprofit corporation whose relevant objective is to conserve habitat for the benefit of Federal trust species, and more particularly to support priority actions as identified in the Pacific Southwest Region Coastal Program Strategic Plan. C. This Agreement is contemplated pursuant to the November 13, 2012 Coastal Program Landowner Agreement between City, Licensee, California Coastal Commission, and the U.S. Fish & Wildlife Service, and the February 18, 2015 California Wildlife Conservation Board Grant Agreement between State of California, Wildlife Conservation Board and Tides Center — Marine Education Project and City of Newport Beach for Newport Valley Habitat Restoration, Orange County, California, Grant Agreement number WC-1423EH, Project ID number 2014129, attached hereto as Exhibit A and incorporated by this reference, fifteen (15) acres of land commonly known as Newport Valley, and more specifically located at two City -owned parcels, APN 440-132-54 and APN 440-132-55 ("Property"). D. City desires to engage Licensee to provide preservation and restoration of the biodiversity and health of California's coastal and marine ecosystem, specifically fifteen (15) acres of habitat located at what is commonly known as Newport Valley, adjacent and drains into the Upper Newport Bay (UNB) Nature Preserve and Ecological Reserve - specifically located at two City -owned parcels, APN 440-132-54 and APN 440-132-55 ("Property") - through scientifically supported community involvement, education, and action. The Community -Based Restoration and Education Program ("Program") engages the public to restore the native biodiversity of UNB by: (i) eradicating invasive plants from the site; (ii) installing native plants to support the restoration of native wildlife habitat; and (iii) educating the community about the value of the local environment and its restoration ("Project"). E. In accordance with City Council Policy F-7, whenever an open bid process is not conducted or fair market value rent is not received for the use of City property, the City shall make specific findings setting forth the reasons thereof. The City finds that the use of the property in restoring native habitat provides an essential or unique service to the community that might not otherwise be provided were full market value of the property be required. Additionally, as the Newport Valley habitat restoration Project may be located, in part, upon public tidelands and the rent charged is less than fair market value the City Council finds this use provides a public benefit to the people of California by providing preservation of open space and restoration of the tidelands generally and is therefore a matter of statewide benefit. These findings by the City are of a statewide concern in that the beneficial uses of the property might not otherwise be provided were full market value of the property required or an open bid process conducted. F. In consideration of the mutual promises and obligations contained in this Agreement, the receipt and sufficiency of which is hereby acknowledged, City hereby grants to Licensee the revocable right to temporarily occupy and use the License Area (defined in Section 1.1 below), and Licensee accepts the same on the following terms and conditions. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. LICENSE 1.1 City grants a non-exclusive license ("License") to Licensee for the term of this Agreement for Licensee to use an area located upon fifteen (15) acres of habitat located at Newport Valley adjacent to and drains into Upper Newport Bay (33°37'15.77"N and 117°53'17.41"W), APN 440-132-54 and APN 440-132-55. This area is commonly known as Newport Valley ("License Area"), and is further depicted on the maps included in Exhibit A, which is attached hereto. 1.2 The License granted herein is subject to the terms, covenants and conditions hereinafter set forth, and Licensee covenants, as a material part of the consideration for this License, to keep and perform each and every term, covenant and condition of this Agreement. 2. USE OF THE LICENSE AREA Licensee's use of the License Area shall be limited to the terms of this Agreement. Use of area outside the License Area shall not be allowed without prior written consent of the City. The Tides Center Marine Education Project Page 2 3. SERVICES TO BE PERFORMED 3.1 Licensee shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit B and incorporated herein by reference ("Services" or "Work"). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3.2 Upon City's request, Licensee shall be responsible for the submission to City of a completed Waiver of Liability and Express Assumption of Risk form, attached hereto as Exhibit C and incorporated herein by reference, prior to and on behalf of any person performing the Services or Work under this Agreement. Said forms shall be maintained and kept in the regular course of business by Licensee for a period of four (4) years. 3.3 Licensee shall not allow any participant and/or service provider to participate in the restoration Project until a completed Waiver of Liability and Express Assumption of Risk form is obtained and furnished to the Licensee. 3.4 Licensee shall provide the License Administrator, as defined in Section 9 below, with a copy of the completed Waiver of Liability and Express Assumption of Risk form and any other permits, including a coastal development permit as described in Section 3.5, or forms that may be required by Licensee, its vendors, participants, and/or service providers. 3.5 If it is determined by the California Coastal Commission that the License Area is within the coastal zone and it is subject to requirements of the Coastal Act due to the removal of major vegetation constituting `development,' Licensee shall be responsible for obtaining a coastal development permit, per the requirements of the Coastal Act. Licensee is hereby notified that the License Area may include Environmentally Sensitive Habitat Areas ("ESHA") or locations that would be ESHA were it not for prior vegetation removal undertaken without a coastal development permit if a permit were required. The designation of ESHA may be due to the extent of removal of native and ecologically significant non-native vegetation, and the lack of mitigation to offset impacts to native habitats. 4. TERM 4.1 Term of Agreement. The Initial Term of this Agreement shall be five (5) years from the Effective Date unless terminated sooner as provided in Section 10 or extended as provided in Section 4.2 at the discretion of the City Manager. 4.2 Option to Extend. Provided Licensee is not then in default beyond applicable notice and cure periods, upon Licensee's request, and upon approval of the City, the City Manager may extend the term of this Agreement for four (4) additional successive terms of five (5) years (the "Option Term" or "Option Terms") commencing on expiration of the Initial Term or an Option Term, on the same terms and conditions as contained in this Agreement as it may be amended. Licensee must exercise each option by giving City written notice of its intention to extend the Term at least six (6) months prior to expiration of the Initial Term or the expiration of the first Option Term, as The Tides Center Marine Education Project Page 3 the case may be. This Agreement may only be extended if it is determined that (i) the terms of the Agreement have been complied with; (ii) a copy of all required license, Waiver of Liability and Express Assumption of Risk forms, and any and all other necessary permits and forms are on file with the License Administrator; and (iii) the use of the License Area by Licensee is not causing a negative impact on surrounding properties and uses. Any renewals approved pursuant to this Section must be in writing and approved as to form by the City Attorney. 5. COMPENSATION TO LICENSEE 5.1 City shall not provide any compensation to Licensee for the Services or Work performed under this Agreement, including all reimbursable items and subconsultant fees. The Project operates off of grants, donations, and funding from various other state agencies. This Section 5 shall not be modified without prior written authorization from City; nor shall any billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 5.2 Licensee shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. 6. PURPOSE OF THIS LICENSE 6.1 The purpose of this License is to allow for the preservation and restoration of native habitat within the License Area, as more particularly described in Exhibit B. Use of any area outside the License Area shall not be permitted unless prior written consent is provided by the City. Licensee agrees to use the License Area only for the activities described herein, and not to use or permit the use of the License Area for any other purpose without first obtaining the prior written consent of City, which consent may be withheld in City's sole and absolute discretion. 6.2 Licensee shall have temporary access to and use of an office space at the Back Bay Science Center, located at 600 Shellmaker Road, Newport Beach, California 92660 during the term of this Agreement. The purpose for the use of this this office is solely to facilitate Licensee in providing the Services and Work as described in this Agreement, and is given freely and voluntarily by City to Licensee. Licensee shall abide by the terms of the Back Bay Science Center Complex Operating Agreement ("Operating Agreement") dated February 26, 2008, governing the use of the Back Bay Science Center at all times, which is attached hereto as Exhibit D. Licensee shall not use this office space for any purpose other than the Services or Work contemplated under this Agreement and Licensee's prohibited use thereof for any other purpose shall be grounds for termination of this Agreement by City. The Tides Center Marine Education Project Page 4 7. CONDITIONS OF LICENSE Licensee shall comply with the following conditions prior to the commencement of use of the License Area: 7.1 Licensee shall procure and maintain any and all required permits and forms to operate the restoration Project in accordance with Section 3 above. 7.2 All of the Services shall be performed by Licensee or under Licensee's supervision. Licensee represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first- class organizations performing similar work under similar circumstances. 7.3 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Licensee certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 7.4 Licensee represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Licensee to practice its profession. 7.5 Licensee shall not be responsible for delay, nor shall Licensee be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Licensee's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. PROJECT MANAGER 8.1 Licensee shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Licensee has designated Matt Yurko, Restoration Education Program Manager to be its Project Manager. Licensee shall not replace the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the replacement or assignment of non -key personnel. 8.2 Licensee, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Licensee warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. The Tides Center Marine Education Project Page 5 9. ADMINISTRATION This License shall be administered by the Community Development Department. City's Real Property Administrator or his/her designee shall be the License Administrator and shall have the authority to act for City under this License. The License Administrator or their authorized representative shall represent City in all matters pertaining to this License. 10. TERMINATION OF LICENSE 10.1 Notwithstanding the term of this Agreement, this License may be terminated during the term or any extended term in the following manner: i. By Licensee: At any time, without cause upon the giving of thirty (30) calendar days written notice of termination to City; ii. By City: At any time, without cause upon the giving of thirty (30) calendar days written notice of termination to Licensee; or iii. If, after written notice of default to Licensee of any of the terms or conditions of this Agreement, Licensee fails to cure or correct the default within ten (10) business days of receipt of written notice, City may immediately terminate the License. 11. INDEMNITY AND LIABILITY FOR DAMAGES 11.1 City and all officers, employees and representatives thereof shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Licensee's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project by Licensee, or its subcontractors, or its workers, or anyone employed by either of them. 11.2 Licensee shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Licensee's Work on the Project, or the Work of any subcontractor or supplier selected by Licensee. 11.3 Licensee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any work performed or services provided under this Agreement including, without limitation, defects in workmanship or materials or Licensee's presence or activities conducted that relate in any way to this Agreement The Tides Center Marine Education Project Page 6 (including the negligent and/or willful acts, errors and/or omissions of Licensee, employees, vendors, suppliers, and anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Any obligation to indemnify the City by Licensee shall be limited to those claims, demands, damages, losses, costs, expenses and liability that are a result of Licensee's negligence or willful misconduct. 11.4 Notwithstanding the foregoing, nothing herein shall be construed to require Licensee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Licensee. 11.5 Licensee shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Licensee shall be liable for any private or public property damaged during the performance of the Work by Licensee or its agents. 11.6 Licensee shall be liable and responsible for the security, repair and maintenance of the License Area to the extent necessitated by Licensee's use of the License Area under this Agreement. Licensee shall use care to protect the License Area and restore it to its original condition to the satisfaction of the City when the License Area is not in use by Licensee. 11.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 12. INDEPENDENT CONTRACTOR It is understood that City retains Licensee on an independent contractor basis and Licensee is not an agent or employee of City. The manner and means of conducting the Work are under the control of Licensee, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Licensee or its employees. Nothing in this Agreement shall be deemed to constitute approval for Licensee or any of Licensee's employees or agents, to be the agents or employees of City. Licensee shall have the responsibility for and control over the means of performing the Work, provided that Licensee is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Licensee as to the details of the performance of the Work or to exercise a measure of control over Licensee shall mean only that Licensee shall follow the desires of City with respect to the results of the Services. The Tides Center Marine Education Project Page 7 13. COOPERATION Licensee agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Licensee on the Project. 14. CITY POLICY Licensee shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 15. PROGRESS Licensee is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 16. INSURANCE Without limiting Licensee's indemnification of City, and prior to commencement of Work, Licensee shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit E, and incorporated herein by reference. 17. PROHIBITION AGAINST ASSIGNMENT AND TRANSFER Except as specifically authorized under this Agreement, this License and the Work performed thereunder shall not be assigned or transferred without the prior written approval of City which approval may be withheld in the City's sole and absolute discretion. Any assignment or transfer made without the City's prior written consent shall be null and void. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit B. Licensee shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. The Tides Center Marine Education Project Page 8 19. OWNERSHIP OF DOCUMENTS 19.1 All materials created by Licensee pursuant to this Agreement (collectively, the "Work Product") shall be the sole and exclusive property of Licensee. Licensee grants to City a royalty -free, non-exclusive and non-transferrable license to use any Work Product created or developed by Licensee under this Agreement. This license shall have a perpetual term. Licensee shall retain all copyrights, patent rights, and other intellectual property rights to the Work Product. 19.2 Documents, including drawings and specifications, prepared by Licensee pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Licensee will be at City's sole risk and without liability to Licensee. Further, any and all liability arising out of changes made to Licensee's deliverables under this Agreement by City or persons other than Licensee is waived against Licensee, and City assumes full responsibility for such changes unless City has given Licensee prior notice and has received from Licensee written consent for such changes. 19.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and/or viewable with Adobe Acrobat. 20. INTELLECTUAL PROPERTY INDEMNITY Licensee shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Licensee's Documents provided under this Agreement. 21. RECORDS Licensee shall keep records and invoices in connection with the Services to be performed under this Agreement. Licensee shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements for a minimum period of three (3) years, or for any longer period required by law, from the date of the Project's completion under this Agreement. All such records and invoices shall be clearly identifiable. Licensee shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Licensee shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of four (4) years from the date of final payment to Licensee from any grant, donation, and/or other funding received from others under this Agreement. 22. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Licensee which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Licensee, The Tides Center Marine Education Project Page 9 the additional design, construction and/or restoration expense shall be borne by Licensee. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other consultants in connection with the Project. 24. CONFLICT OF INTEREST The Licensee or its employees may be subject to the provisions of the California Political Reform Act of 1974 ("Act"), which (a) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (b) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Licensee shall conform to all requirements of the Act. Notwithstanding Section 9, failure to conform to the requirements of the Act constitutes a material breach and is grounds for immediate termination of this Agreement by City. Licensee shall indemnify and hold harmless City for any and all claims for damages resulting from Licensee's violation of this Section. 25. NOTICE 25.1 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Licensee to City shall be addressed to City at: Attn: Lauren Wooding Whitlinger, Real Property Admininstrator Community Development Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.2 All notices, demands, requests or approvals from City to Licensee shall be addressed to Licensee at: Attn: Judith Hill, CFO The Tides Center PO Box 29907 San Francisco, CA 94129-0907 CC: Matt Yurko, Restoration Education Program Manager The Tides Center 600C Shellmaker Road The Tides Center Marine Education Project Page 10 Newport Beach, CA 92660 26. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Licensee shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Licensee's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Licensee in writing as unsettled at the time of its final request for payment. Licensee and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Licensee shall be required to file any claim Licensee may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27. PREVAILING WAGES If applicable, pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid by the grant, donation, and other funding to all workmen employed on the Work to be done according to the Agreement by the Licensee and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. The Licensee is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Licensee or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 28. STANDARD PROVISIONS 28.1 Recitals. City and Licensee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 28.2 Compliance with all Laws. Licensee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Licensee shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the License Administrator. 28.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent The Tides Center Marine Education Project Page 11 breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 28.4 Integrated Agreement. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 28.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 28.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Licensee and City and approved as to form by the City Attorney. 28.7 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 28.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 28.9 Taxes. Licensee acknowledges that the License granted herein may be subject to possessory interest taxes. Licensee shall have the sole obligation to pay any taxes, fees and assessments, plus applicable penalties and interest, which may be imposed by law and arise out of Licensee's License hereunder. Licensee shall indemnify, defend and hold harmless City against any and all such taxes, fees, penalties or interest assessed, or imposed against City hereunder. 28.10 No Third Party Rights. The parties do not intend to create rights in or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established herein. 28.11 No Attorneys' Fees. In the event of any dispute under the terms of this Agreement the prevailing party shall not be entitled to attorneys' fees. 28.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] The Tides Center Marine Education Project Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: I By:. , aa F� Aaron C. Harp c►m o0oilite City Attorney ATTEST: Date: 1/1' By: I) WI Leilani I. Brown City Clerk Attachments: Exhibit A Exhibit B: Exhibit C: Exhibit D Exhibit E CITY OF NEWPORT BEACH, a California municipal corporation Date: 2\ qua By: CX - Dave Kiff City Manager LICENSEE: The Education Project, corporation Tides Center Marine a California nonprofit By: L L Judith Hi Chief Financial Officer November 13, 2012 Coastal Program Landowner Agreement; February 18, 2015 California Wildlife Conservation Board Grant Agreement; and February 18, 2015 Tides Center Marine Education Project Indemnification Agreement Scope of Services Waiver of Liability and Express Assumption of Risk Form Back Bay Science Center Complex Operating Agreement Insurance Requirements The Tides Center Marine Education Project Page 13 EXHIBIT A NOVEMBER 13, 2012 COASTAL PROGRAM LANDOWNER AGREEMENT; FEBRUARY 18, 2015 CALIFORNIA WILDLIFE CONSERVATION BOARD GRANT AGREEMENT; AND FEBRUARY 18, 2015 TIDES CENTER MARINE EDUCATION PROJECT INDEMNIFICATION AGREEMENT The Tides Center Marine Education Project Page A-1 E DCN: F12AC01217 Project Name: Newport Valley Restoration Project Agreement Expiration Date: September 30, 2017 CDFA #: 15.630 COASTAL PROGRAM LANDOWNER AGREEMENT This agreement between City of Newport Beach (Landowners), Tides Center and California Coastal Commission (Cooperators), and the U.S. Fish and Wildlife Service (Service) is entered into pursuant to authority contained in section 1 of the Fish and Wildlife Coordination Act, 16 U.S.C. 661, and section 7 of the Fish and Wildlife Act of 1956, 16 U.S.C. 3771 et seq. This project was selected for funding because the Landowner(s) and Cooperator(s) share(s) a common objective with the Service to conserve habitat for the benefit of Federal trust species, and the project supports priority actions identified in the Pacific Southwest Region Coastal Program Strategic Plan. I (we), City of Newport Beach hereby agree to participate with the Service in conducting certain conservation practices on lands owned by me (us) in Orange County, State of California described as follows: 15 of habitat located at Newport Valley adjacent to Upper Newport Bay (33°37'15.77"N and 117°53'17.41"W). In signing this agreement, the Landowner(s) join(s) as a participant in a wildlife habitat improvement program and grants to the Service authority to complete the conservation project, or to personally carry out management activities with financial or material support as described in attached Project Work Plan. Any donation of supplies, equipment, or direct payment from the Service to the Landowner(s) for carrying out the conservation project is also included in the Project Work Plan. The activities conducted pursuant to this agreement are not to replace, supplement or otherwise contribute to any mitigation or compensation that may be required of the Landowner, or other parties, as a result of any mandated requirements. This agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days advance written notice to the other party(ies). However, if the Landowner or Cooperator(s) terminate(s) the agreement before its expiration, or if the Landowner or Cooperator(s) should materially default on these commitments, then the Cooperator (Tides Center) agree(s) to reimburse the Service prior to final termination for the prorated costs of all parts of this conservation project placed on the land through this agreement. For these purposes, the total cost of the conservation project to the United States are agreed to be $ 23,763.00. Landowner: The Landowner(s) guarantee(s) ownership of the above-described land and warrants that there are no outstanding rights which interfere with this Landowner Agreement. The Landowner(s) will notify the Service of planned or pending changes in ownership. A change of ownership shall not change the terms of this agreement. The agreement and terms 17 shall be in effect on the described land for the period of the agreement. The Landowner(s) retain(s) all rights to control trespass and retains all responsibility for taxes, assessments, and damage claims. The Landowner agrees to allow access (with advance notice) to the Service to implement the project described in the work plan, and to monitor project success. At the end of the term, the conservation project will become the sole property and complete responsibility of the Landowner(s). There shall be no obligation to any of the agencies of the agreement after the term of the agreement has expired. The California Coastal Commission (Cooperator) will be responsible for securing any necessary permits. Technical advice and support will be provided by participating agencies in the application for the permit(s). The Landowner and Cooperator(s) agree(s) to identify the Service's contribution to the project during public presentations, reports, or other information published about the project, as appropriate. Service: The Service will provide ongoing technical assistance throughout the entire agreement term to support any actions needed to ensure that the project functions as intended. The Service, its agents, or assignees reserve the right to enter the land at reasonable times for Landowner(s) habitat management purposes and to inspect completed work. The Service assumes no liability for damage or injury other than that caused by its own negligence, on the above acreage. The Service does not assume jurisdiction over the premises by this agreement. The Service is prohibited by law from making obligations that exceed available funds and, therefore, the Service can do only that work which is funded. In the event funds are not available to do the conservation project work within the period of time or in the manner prescribed in the special provisions, the Service will advise the Landowner(s) of that fact. 18 Spatial Information Sharing: In accordance with the Privacy Act of 1974, permission must be obtained from the Landowner before any personal information can be released. The only information that can be shared is payment information that is authorized by law. Therefore, Landowner consent is requested to allow for sharing of spatial information about this project solely with conservation cooperators providing technical or financial assistance with the restoration, enhancement or management of fish and wildlife habitat. I, the Landowner, consent to having spatial information about this project shared with xx other conservation cooperators I, the Landowner, do NOT wish to have any spatial information about this project shared with other conservation cooperators "]?ROVED AS, TO F'dRM; 1 Lan (City of Newp Beach} Date%�f lNl V s 10— -�/— jZ CitY omey rt f Cooperator ( KO's ente) /Date city clerk perator (Ca 'f i Coastal Commission) ate Coastal Pro arm Date U ---_- OCT 18 201z Service roject Leader/Field Supervisor Date 19 ATTACHMENT Code of Federal Regulations/Regulatory Requirements: 1. 2 CFR Part 25 Central Contractor Registration and Data Universal Numbering System 2. 2 CFR Part 170 Reporting Subawards and Executive Compensation 3. 2 CFR Part 1400 Governmentwide Debarment and Suspension (Nonprocurement) 4. 2 CFR Part 175 Trafficking Victims Protection Act of 2000 5. 43 CFR 12(A) Administrative and Audit Requirements and Cost Principles for Assistance Programs 6. 43 CFR 12(C) Uniform Administrative Requirements for Grants and Cooperative Agreements to'State,and Local 7. 43 CFR 12(F) Uniform Administrative Requirements for Grants and Cooperative Agreements with Institutions of Higher Education, Hospitals, other Non -Profit and Commercial Organizations 8. 43 CFR 43 Governmentwide Requirements for a Drug -Free Workplace 9. 43 CFR 18 New Restrictions on Lobbying 10.43 CFR Part 12, Subpart E — Buy American Requirements for Assistance Programs 11.305 DM 3 Integrity of Scientific and Scholarly Activities PROJECT WORK PLAN The conservation project described below is agreed to by the City of Newport Beach (Landowner), the California Coastal Commission, and the U.S. Fish and Wildlife Service (Service) in a Landowner Agreement and is effective as of the date of the last signature. Please do not initiate any work until we notify you that all project compliance has been completed. PLANNED WORK PROJECT TITLE: Newport Valley Restoration Project PROJECT MANAGER/COOPERATOR: Matthew J. Yurko Restoration Education Program Manager California Coastal Commission 600 Shellmaker Road Newport Beach, CA 92660 P: 949-640-0286 F: 949-640-1742 myurkoncoastal.ca. gov PROPERTY OWNER(S): City of Newport Beach John Kappeler Code and Water Quality Enforcement 3300 Newport Boulevard Newport Beach, CA 92663 949-644-3218 ikappeler0.newportbeachca gov PROJECT DESCRIPTION The Newport Valley Restoration Project will occur within Newport Valley, a 15 acre property that is adjacent and drains into Upper Newport Bay (see attached maps). The Service Coastal Program is providing funding through the Tides Center to the California Coastal Commission Marine Education Project's Community -Based Restoration and Education Program to implement the Newport Valley Restoration Project. Implementation and long-term protection of the habitat restored by the project will be memorialized with a Landowner Agreement with the City of Newport Beach. The Project Manager will work with the Coastal Program Biologist to secure the Landowner Agreement. 1. PgMose/Need of Project With an estimated 90 percent of coastal wetlands in southern California Iost to development and agriculture, Upper Newport Bay (UNB) Nature Preserve and Ecological Reserve is one of the largest remaining intact wetlands. Known as one of the best birding sites in North America, UNB holds important nesting, feeding, and breeding grounds for migrating birds on the Pacific Flyway. (Coastal wetlands have also been shown to sequester carbon, an important consideration during an era of global climate change.) During winter migration up to 35,000 birds may use Upper Newport Bay. UNB supports diverse plant and animal life and is home to 165 different species of birds, including several listed as threatened or endangered either federally or in California: the Light Footed Clapper Rail (an estimated 40 percent of the nation's population live here), California Black Rail, California Least Tern, Belding's Savannah Sparrow, and Coastal California Gnatcatcher. UNB also supports 20 species of mammals, 70 species of fish, a long list of invertebrates, and over 200 species of native plants. 4 However, UNB's rich ecosystem has been seriously degraded. The area surrounding the wetland has been disturbed and converted by grazing, development, species introductions, and other human activities. Without intervention, degradation will continue as invasive plants out -compete and displace native species. Protecting and improving the biodiversity and vitality of Upper Newport Bay's wetland ecosystem requires restoration of the native habitats. The Newport Valley ("John Wayne Gulch" on some maps) represents one of the largest natural spaces adjacent to the Upper Newport Bay. In this urbanized environment and without public access, it acts as a wildlife corridor with raptors flying overhead and evidence of the presence of bobcats and coyotes. Past disturbances to Newport Valley have left a high volume of invasive species surrounding mature coastal sage scrub habitat. The riparian zone is a historically new phenomenon. While maps show the valley containing a seasonal stream, water flows year round resulting from runoff from residential and golf course irrigation upstream. The extra water supports a large area of cattails and bulrushes in a freshwater marsh habitat. 2. Goals The mission of the California Coastal Commission's Marine Education Project is to preserve and restore the biodiversity and health of California's coastal and marine ecosystems through scientifically supported community involvement, education, and action. As part of the Marine Education Project, the Community -Based Restoration and Education Program engages the public to restore the native biodiversity of Upper Newport Bay. Through active restoration activities and environmental education, the community has an immediate positive impact on their local ecosystems and they discover how their actions away from the restoration site can improve the larger environment where they live. In the Newport Valley restoration site, the Community -Based Restoration and Education Program seeks to: 1. eradicate invasive plants from the site; 2. install native plants to support the restoration of native wildlife habitat; 3. educate the community about the value of the local environment and its restoration. 3. Methods Existing habitats within the project area include coastal sage scrub, riparian, and freshwater marsh. The project will focus on restoration of the coastal sage scrub and riparian identified in the attached maps. The numbered areas in the map correspond as follows: 1. Areas 2, 3, 4, and 6 represent areas of high priority for restoration. 2. Areas 5, 7, 8, and 10 represent the next level priority for restoration. 3. Areas I and 9 represent areas of previous restoration that are nearly complete. The Community -Based Restoration and Education Program (Program) utilizes community volunteers to complete restoration. Program volunteers, who will provide labor for project implementation, meet regularly 5 times per month. For larger volunteer events, the Program has trained volunteer leaders to guide and assist new volunteers in successfully completing the restoration work. 5 On -the -ground restoration occurs within a virtual grid spread throughout Newport Valley. The grid designates individual 20'x25' blocks to be sequentially restored during each work event based on available volunteers with differing skill sets, equipment, weather, and natural resources. Site Preparation The habitats to be restored are dominated by invasive plants including pampas grass (Cortaderia selloana), artichoke thistle (Cynara cardunculus), sweet fennel (Foeniculum vulgare), black mustard (Brassica nigra), field mustard (Brassica rapa), shortpod mustard (Hirschfeldia incana), yellow sweet clover (Melilotus indica), dwarf nettle (Urtica urens), bedstraw (Galium aparine), tocalote (Centaurea melitensis), and Spanish sunflower (Pulicaria paludosa). Every attempt to clear all invasive plants will be made before planting. All invasive plants will be removed by the most efficient methods (i.e. "mowing" for annuals, deep root removal for perennials, etc.) and if unable to remove a plant completely, the flowers and seeds are removed from the site or piled on site to reduce the overall spread of new seeds. Volunteers will remove invasive plants by hand or by tool. Herbicides are available through our partnership with the landowner and in cooperation with the California Department of Fish and Game whose staff will be available to conduct spraying as necessary. Propagation Seeds and cuttings from native plants within the project area will be collected and used to propagate plants within the Marine Education Project's nursery facility for restoration. The nursery facility is located at the Newport Bay Back Bay Science Center. Planting The planting season is scheduled during the traditional rainy season from November through February. A plant palette is chosen based on the native species observed on site prior to planting. A specific reference site is used if available. A genera( palette of species prevalent in similar conditions around the Upper Newport Bay is also used to diversify the site. The initial planting includes indicator species and other species that will provide a native habitat baseline for the site. After this first phase of container planting, the Program can return to the site to supplement with annual species to diversify the site or plant replacement plants as needed. Physical planting is completed by volunteers using 1 -gallon container plants. Plants are laid out on 4 -foot centers (or approximately 12,500 plants). In coastal sage scrub, planting will occur in small clusters to create small native plant islands that allow for space in between plants typical in coastal sage scrub. This also allows room for native seed drop and seedling growth away from the parent plants. As a result of higher survival rates and the larger plant footprint for willows and mulefat (reflective of the water resources readily available), riparian plantings will occur on larger intervals than coastal sage scrub. Plant Palette Riparian species Salix lasiolepis Baccharis salicifolla Pluchea odorata Juncus acutus Frankenia saliva Coastal sage scrub species Artemisia californica Eriogonum fasciculatum Acmispon glaber Encella californica Opuntia littoralis Sambucus mexicana Solanum douglasli Salvia mellifera Rhus integrifolia Heteromeles arbutifolia Isocoma menziesli Baccharis emoryi Cleome isomeris Leymus condensatus Opuntia prolifera Nassella pulchra arroyo willow mulefat marsh fleabane spiny rush alkali heath California sagebrush California buckwheat deerweed bush sunflower/California encelia Coast prickly pear Mexican elderberry Douglas' nightshade black sage lemonadeberry toyon coast goldenbush Emory's baccharis bladderpod giant wild rye coast cholla purple needlegrass Irri ag' tion The Newport Malley is subject to runoff throughout the year and enough water flows in its stream allowing volunteers to fill buckets and irrigate our installed native plants by hand. At installation, plants will receive up to two gallons of water to reduce transplant shock. Irrigation will occur at most one gallon per plant once per month after installation. The need for irrigation is dependent on rainfall at the site. If necessary, irrigation will occur each month over the first summer after planting until the rainy season begins the following fall/winter. As active restoration moves further from accessible stream water, the Program will work with the City of Newport Beach and adjacent Property Owner(s) to tap into a nearby irrigation system. Site Maintenance Maintenance will be conducted by program volunteers. Maintenance activities include invasive plant removal, irrigation (as described above), the placement of plant cages to protect from herbivores, and additional planting if necessary. Typical maintenance lasts for 3-5 years. The restoration will be maintained until the following success criteria are met: 1. Maintenance of 50% native plant survival 5 years after installation. 2. Established native plant coverage of 70% or greater in Coastal Sage Scrub 5 years after project initiation. Native shrub cover between 60 and 70% at maturity. Established native plant coverage in Riparian habitat has yet to be determined. 3. No more than 10% invasive plant coverage in restoration site 5 years after project initiation. 4. Noted presence of use by wildlife throughout food web, in particular the presence of threatened or endangered species. Performance Monitoring The monitoring program measures plant coverage (native and invasive) in square meter quadrats at regular intervals along transects laid across the restoration site. Baseline data is taken before restoration and twice each year (February and August) during the five years after the initial native plant installation. The protocols also include soil sampling to help determine the best plant palette for the site. Protocols were developed by a Masters student intern in the summer of 2011 and are expected to be finalized by summer 2012. Conservation measures The following measures will be implemented to minimize impacts to sensitive fauna occurring on or immediately adjacent to the subject property: To avoid impacts to breeding birds, the following measures will be implemented during the bird breeding season (February 15 -July 15): a. Prior to commencement of enhancement activities that could disturb habitat occupied by nesting birds, a monitoring biologist acceptable to the Service will conduct pre -activity surveys to determine the location of any active bird nests. The survey should begin not more than one week prior to the beginning of project activities. Work should be restricted from within 50 feet of active nests. Locations of nests could be identified on maps and cordoned off by stakes or warning tape to identify locations where work activities are restricted. b. On the day of project activities, participants will be advised of areas to be avoided to avoid impacts to nesting birds. Participants will be shown pictures of rare and sensitive birds and possibly maps of potential nesting areas. Activities will be overseen by the Coastal Commission or California Department of Fish and Game. 2. Volunteers will be directed to walk on single-track trails through disturbed habitat to get to the work site. Mature habitat will be avoided to minimize disturbance. As the restored habitat matures, only a few volunteers at a -time are allowed on site to conduct maintenance to minimize impact in the established habitat. Implementation Schedule Newport Valley has been the focus of varying restoration activities for nearly 10 years. It has been the sole focus of the Community -Based Restoration and Education Program and its volunteer events since the summer of 2011. Monthly ROOTS Events (4b Saturday of each month) and weekly Steward Days (each Wednesday morning) will focus volunteer resources (native plant installation, invasive plant removal, native plant propagation, site maintenance and monitoring) and will provide checkpoints throughout the year. Five years (or cycles) of planting 8 and maintenance are expected to complete restoration of Newport Valley. After 5 cycles, the planting schedule should be complete. It is expected that an additional 5 years of maintenance will be necessary to achieve the success criteria. Overall Schedule: Summer 2012 Project continuation with initial support from the Coastal Program Spring 2017 Final planting completed in restoration sites Summer 2022 Final monitoring scheduled and project completed A typical year of restoration priorities (by month) is listed below: January 1. native planting 2. invasive plant removal 3. next season's planting plan to inform propagation schedule 4. seed collection February 1. native planting 2. invasive plant removal 3. annual monitoring 4. next season's planting plan to inform propagation schedule 5. seed collection March 1. invasive plant removal 2. begin seed flats in nursery 3. seed collection April 1. invasive plant removal 2. begin transplanting seed flats in nursery 3. seed collection May 1. invasive plant removal 2. irrigation 3. native transplanting in nursery 4. crew leader training 5. seed collection June 1. irrigation 2. invasive plant removal 3. transplanting in nursery 4. crew leader training 5. seed collection July 1. irrigation 2. invasive plant removal 9 3. transplanting in nursery 4. crew leader training 5. seed collection August 1. irrigation 2. invasive plant removal 3. transplanting in nursery 4. take cuttings 5. seed collection September 1. irrigation 2. invasive plant removal 3. transplanting in nursery 4. seed collection October 1. irrigation 2. invasive plant removal 3. planting 4. transplanting in nursery 5. seed collection November 1. native planting 2. invasive plant removal 3. transplanting in nursery 4. seed collection December 1. native planting 2. invasive plant removal 3. seed collection RESOURCES TO BE BENEFITED The largest area of contiguous habitat to be restored will be coastal sage scrub that connects to mature adjacent habitat. In this adjacent habitat, pairs of nesting threatened California gnatcatcher (Polloptila californica) have been found. The restored riparian habitat may host endangered least Bell's vireo (Vireo bellii pusillus). Newport Valley drains through a pipe -culvert under Back Bay Drive directly into salt marsh and subtidal habitats of Upper Newport Bay. The restoration project will benefit habitats in Upper Newport Bay by reducing introduction of excessive sediment and non-native invasive species draining through Newport Valley into Upper Newport Bay. The project area is within the Central/Coastal Orange County Natural Community Conservation Plan (NCCP) and will contribute to meeting the goals of that plan by conducting habitat conservation efforts. The community will benefit from the entire experience of restoring the site. Community volunteers are the main source of labor to complete the restoration. Each restoration event 10 includes passive and active educational opportunities including table information and a site tour to see the results of past restoration. Additional educational activities are planned for future events to share more about the Upper Newport Bay and its natural and cultural history. ITEMIZED COSTS Budget Category'and Item Units Cost/Unit Total Cost Cost to Coastal Pro am Cost to Other Contributor PERSONNEL Project Manager 90% 1,872 hrs $45.80 1 $85,737 1 $19,845 $65,892 SUPPLIES Native Plants 2,000 $5 $10,000 $1,000 $9,000 Herbicide 2.5 gallons $1551 2.5 -gallon container $155 $0 $155 LABOR Volunteers (1,500x 2.5 hrs) 3,750 hrs $23.42 $87,825 $0 $0 Department of Fish and Game (2 staff x 24 hrs perperson) 48 hrs $16.25 $780 $0 $780 OTHER Insurance 1 yr. $1,500 $1,500 $0 $1,500 Tides fees(14% offed'I grants, 15% of state grants, 9% of other unds) $12,247 $2,918 $9,329 OTHER TOTAL 1 1$13,747 $2,918 $10,829 TOTAL 1 1 $198,244 $23,763 $86,656 Noie: Punamg may be real.stributed between practices within scope of work upon prior written approval by the Service Project Officer. I-810 11I N 11.1U11 kk Service (requested) $23,763 Whale Tail Grants Program $47,026 Marisla Foundation $25,000 Additional funders (Union Bank, others) $13,695 Monetary Total $109,484 Volunteer labor $87,825 California Department of Fish and Game 1. herbicide application $780 2. cost of herbicide $155 In-kind Total $88,760 We cannot guarantee leveraged funds from other partners. The Service and Cooperator only guarantee their respective contributions. 11 Payment Requests: The Coastal Program Biologist will work directly with you to help you complete your project. Please coordinate with the Coastal Program Biologist when you plan to request payments for your habitat restoration work. When your project or substantial phase of your project is complete, the Coastal Program Biologist will inspect the project and certify that it was completed in accordance with the work plan. After the project is inspected and certified to be complete, the Coastal Program Biologist will assist you in the process to receive your final payment. For payment requests, be prepared to provide the Coastal Program documentation substantiating the amount of the payment request. Such documentation includes: 1) A brief narrative describing the work accomplished during the billing period, 2) A table breaking down the amount requested as it relates to the itemized costs identified in the Project Workplan, and 3) Copies of documentation (e.g., invoices and receipts) substantiating the requested payment amount. Proiect Progress and Financial Reports: The Cooperator will submit annual progress reports and financial reports for the duration of the agreement with the Service as well as a final report within 90 calendar days of project completion. The annual reports are due to the Service each year on the anniversary date of the award letter. Progress reports and the final report shall include: a. The name of the recipient, the project title, the cooperative agreement number, and period of time covered by the report. b. A summary of significant activities for the period, including a comparison of actual accomplishments with the established goals and objectives for the reporting period. Significant activities reported may include acres of habitat treated, number of plants planted, number of community events conducted, etc... C. A summary of the project's benefits to the community, such as number and type of jobs created or supported, businesses supported (e.g., contractors, surveyors, nurseries, etc.), and local industries that benefitted (e.g., active and passive wildlife recreation, tourism, commercial and recreational fishing, etc.) from the project. C. A summary of anticipated schedule of activities and results for the upcoming reporting period. d. Summary of existing expenditures for the project that distinguishes between all contributing sources of funding and in-kind contributions as they relate to the itemized costs identified in the Project Workplan. e. Supplemental documentation such as maps and photographs documenting project implementation, and copies of monitoring reports, outreach materials, summaries of data collected, etc... Financial reports include the submittal of a SF425. Ell IN } I, J, '2� Y Gu �M 1 e 11 f C� 'Ili M I Me C -123E - State of California Natural Resources Agency Department of Fish and Wildlife Wildlife Conservation Board This page left blank intentionally. Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC-1423EH Project 1D 2014129 Page i GRANTEE: Community -Based Restoration and Education Program (Tides Center - Marine Education Project) P.O. Box 29907 San Francisco, CA 94129-0907 Aftn.: Matthew Yurko (949) 640-0286 myurkoP,restorehabitat.org LANDOWNER: City of Newport Beach 100 Civic Center Drive, Newport Beach, CA 92660 Attn.: John Kappeler, Code & Water Quality Enforcement 949-640-3218 Ikappeler(a�newportbeachca aov GRANTOR: Wildlife Conservation Board 1416 9t' Street, 4t' Floor Sacramento, California 95811 Attn.: Elizabeth Hubert, State Representative (916) 445-1093 Elizabeth. Hubert(a)wildlife. ca gov Grant Agreement No.: WC-1423EH Board Approval Date: Projected Completion Date: Terms of Agreement: Capital Improvements: Management: Project Life: Project ID: November 20, 2014 December 30, 2019 Notice to Proceed Date ( FT 2 0 2015 ) through December 30, 2019 Completion of Capital Improvements to December 30, 2039 Twenty-five years 2014129 I hereby certify that (a) the following funds will be encumbered on behalf of Grantor; and (b) Grant Funds shall not be disbursed unless and until sufficient proceeds from the source identified below become available to Grantor to disburse. 44 -2 4 Fiscal Officer % Date ` Grant Amount: $381,000.00 Fund Source: Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002, Section 79572(a) Appropriation Item: Chapter Prop 50, Statutes of 2002 Line Item: 3640-801-6031 Expenditure Code: 14-1000-841-76010 Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014129 1. SCOPE OF AGREEMENT Page 1 Pursuant to the Wildlife Conservation Law of 1947, Chapter 4.0 of Division 2, (commencing with Section 1300) of the California Fish and Game Code; the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Proposition 50), Water Code Section 79572(a); and the approval granted by the Wildlife Conservation Board on November 20, 2014, the Wildlife Conservation Board (Grantor) hereby grants to Tides Center — Marine Education Project (Grantee), a sum not to exceed three hundred, eighty-one thousand dollars ($381,000.00) (Grant Funds), upon and subject to the terms and conditions of this Grant Agreement (Agreement). 2. PURPOSES OF GRANT Grantor is entering into this Agreement, and the Grant Funds shall be used, only for the purpose of assisting Grantee with the project generally described as: removing invasive weed species and restoring approximately 15 acres of native vegetation (Project) on approximately 15 acres of land commonly known as Newport Valley, located in Orange County, California (Property). The Property is generally shown on the attached Exhibit A - LOCATION MAP. The City of Newport Beach is the fee owner of the Property. 3. CONDITIONS OF GRANT Grantor's obligation to disburse Grant Funds under this Agreement is conditioned upon and subject to the satisfactory completion of all of the following conditions: 3.1 Grantor shall have reviewed and approved all documents pertaining to the Project, including, without limitation, feasibility and planning studies, designs, plans, budgets, cost estimates, timelines and agreements. Such review and approval by Grantor will be for compliance with this Agreement as well as funding and other requirements applicable to Grantor, and shall not be unreasonably withheld. 3.2 Grantor shall have reviewed and approved a certified resolution or other appropriate action of the governing board or governing body of Grantee, authorizing the execution and performance of this Agreement and the carrying out of the Project by Grantee. 3.3 Grantee shall have disclosed all funding sources for the Project, including all amounts applied for or obtained from sources other than Grantor. These amounts shall be reflected in the attached Exhibit B — BUDGET (Budget) by Budget category. As between Grantor and Grantee, Grantee shall be responsible for any and all Project costs that exceed the amount of the Grant Funds provided under this Agreement. 3.4 The grant proposal shall have been approved by the Wildlife Conservation Newport Valley Habitat Restoration, Orange County Gant Agreement Number WG WC1423EH Project ID 2094929 Page 2 Board at a public meeting, this Agreement shall have been fully executed by Grantor and Grantee, and Grantee shall have received a written "Notice to Proceed" from Grantor. The approval of the grant proposal by the Wildlife Conservation Board, if such approval is given, shall not constitute authorization for the commencement of the Project or expenditure of Grant Funds. No expenditure made or activity initiated prior to Grantee's receipt of a written Notice to Proceed from Grantor will be eligible for reimbursement by Grantor. 4. DISBURSEMENTS 4.1 Upon satisfaction of all of the Conditions of Grant set forth in Section 3, above, and so long as Grantee is not in breach or default under this Agreement, Grantor agrees to disburse the Grant Funds to Grantee, in arrears, in installments as set forth in this Section 4. Disbursements shall be made not more frequently than monthly and disbursements of less than $5000.00 should be made not more frequently than quarterly. All disbursements shall be subject to the availability of funds for purposes of the Project as provided in Section 4.8. 4.2 Grantee shall request disbursement of Grant Funds by submitting a disbursement request to Grantor in triplicate for approved budgeted work performed on the Project in accordance with Section 4.3. Disbursement shall be contingent upon approval of the disbursement request by Grantor. 4.3 The disbursement request must be submitted on Grantee's letterhead, signed by an authorized representative of Grantee, and include a written description of the work completed during the period of the disbursement request. Requests for disbursement must be itemized using the same categories included in the attached Budget. Exhibit C — DISBURSEMENT REQUEST TEMPLATE provides the format to use for submitting disbursement requests to Grantor. Each disbursement request shall contain supporting or back-up documentation for all amounts shown on the request, including receipts for all materials and supplies, all Grantee staff time shown by number of hours worked and hourly rate, and all contractor or sub -contractor services. 4.4 Grantor may withhold ten percent (10%) of the total approved amount from each disbursement (Retained Grant Funds) until Grantor has approved the completion of the Project, the final report required by Section 6.4, and the final request for disbursement. 4.5 Upon completion of Project activities, Grantee may request disbursement of the Retained Grant Funds. Grantee shall submit this request no later than thirty (30) days after the Projected Completion Date (as defined in Section 6.1). Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014129 4.6 Requests for disbursement should be sent to: Wildlife Conservation Board 1807 13th Street, Suite 103 Sacramento, California 95811 Attn: Elizabeth Hubert 4.7 Grantee shall reimburse Grantor for any erroneous disbursement of Grant Funds under this Agreement. Reimbursement shall occur within 30 days of written demand by Grantor. Interest shall accrue at the highest rate allowed by law from the time that reimbursement becomes due and owing until received by Grantor. Page 3 4.8 Despite any contrary provision of this Agreement, Grantor shall not be obligated to disburse any remaining unpaid portion of the Grant Funds unless and until sufficient funds identified for allocation to the Project (as further specified in the Funding Certification attached to this Agreement) are released by the State Treasurer's Office to Grantor for expenditure for this grant. No request for disbursement submitted prior to the release of such funds to Grantor shall be effective. 5. BUDGET The attached Budget is an estimate of the Grantee's anticipated costs for the Project and discloses all funding sources for the Project, including all amounts applied for or obtained from sources other than Grantor. Should the Budget not disclose all funding sources for the Project, Grantor may refer this grant to the Department of Finance for a Project audit. Grantee may seek additional funding from sources other than Grantor, with Grantor's approval, to cover cost increases or to reduce Grantor's cost share. Should Grantee obtain additional funds from sources other than Grantor, Grantee shall promptly notify Grantor of the amounts and sources of the additional funding and submit a proposed new budget reflecting any changes to Grantor for its approval. When actual Project costs indicate that the costs of certain Budget categories payable by Grantor are higher than estimated, and these higher costs are offset by lower costs in other Budget categories payable by Grantor, the Grantee may submit a written request to Grantor to shift funds between such Budget categories. Contingencies shall be used only upon written approval by Grantor. Grantor shall approve or deny a requested Budget revision or use of contingencies in writing within 10 business days of receipt of Grantee's written request. 6. GRANTEE'S COVENANTS In consideration of this Agreement, Grantee hereby covenants and agrees as follows: Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014129 Page 4 6.1. Grantee will complete or cause to be completed all Project activities in accordance with Grantee's proposed design and specifications submitted to Grantor, a copy of which is attached as Exhibit D - WORK PLAN and incorporated herein by this reference, on or before December 30, 2019 (Projected Completion Date). The Project will be considered complete when all Project activities have been completed and Grantor has approved the completion of the Project, the final report required by Section 6.4, and the final request for disbursement. 6.2 Grantee is responsible for obtaining all necessary permits and approvals for the Project (including its construction, management, monitoring, operation, use and maintenance), and complying with all federal, state and local statutes, laws, regulations, ordinances, orders and other governmental and quasi -governmental requirements that apply to the Project (including its construction, management, monitoring, operation, use and maintenance). 6.3 Grantee shall recognize the cooperative nature of the Project and shall provide credit to the Grantor and the California Department of Fish and Wildlife on signs, demonstrations, promotional materials, advertisements, publications and exhibits prepared or approved by Grantee referencing the Project. Any sign installed on the Property referencing the Project shall be subject to the mutual agreement of Grantor, Grantee and Landowner regarding text, design and location and shall display the logo of Grantor. j 6.4 Not later than 30 days following the completion of all Project activities Grantee will submit either five hard copies or one hard copy and one digital copy of a final report of accomplishments, including pre- and post - Project photographs and a final design or site plan of the Project, to Grantor. 6.5 Grantee shall ensure that the Property [restored/enhanced] with funds provided by Grantor is operated, used and maintained throughout the Project Life consistent with the Purposes of Grant and in accordance with the long-term management plan for the Project attached as Exhibit E — MANAGEMENT PLAN. 6.6 The Grantee shall cause the Landowner to permit Grantor, the California Department of Fish and Wildlife, and their respective members, officers, employees, agents and representatives, to access the Property at least once every twelve months from the date of Grantor's Notice to Proceed through the end of the Project Life for purposes of inspections and monitoring. Such access shall be at times reasonably acceptable to the Landowner and the requester following written or verbal request to the Grantee. Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014929 7. BREACH AND REMEDIES Page 5 7.1 In the event of a breach of Grantee's obligations under this Agreement, Grantor shall give notice to Grantee describing the breach. If Grantee does not cure the breach described in the Grantor's notice within 90 days after the date of Grantor's notice (or, if the breach cannot reasonably be cured within 90 days, Grantee does not commence the cure within the 90 - day period and diligently pursue it to completion), then Grantee shall be in default of this Agreement. 7.2 In the event of a default by Grantee before the Project is complete then, in addition to any and all other remedies available at law or in equity, Grantor may seek specific performance of this Agreement. Grantee agrees that specific performance is an appropriate remedy because the benefits to Grantor from Grantee's completion of the Project in accordance with this Agreement, as described in Section 2 (Purposes of Grant), are unique and damages would not adequately compensate Grantor for the loss of such benefits. 7.3 In the event of a default by Grantee, in addition to any and all other remedies available under this Agreement, at law or in equity, Grantor may require Grantee to reimburse the Grant Funds to Grantor in an amount determined by application of the following Reimbursement Formula: "Reimbursement Formula" Formula: Dollar amount of Grant Funds divided by Project Life, times the number of years remaining in the Project Life. Example: Grantor grants $50,000.00 to Grantee for the restoration and enhancement of wetland and riparian habitat, and the Project Life is 25 years. With 10.5 years remaining on the Project Life, the Grantee is in default under the Agreement. The reimbursement amount would be $21,000, calculated as follows: ($50,000.00 . 25 years) x 10.5 years = $21,000 Reimbursement shall be due from Grantee immediately upon written demand by Grantor. Interest shall accrue at the highest rate allowed by law from the time that the reimbursement becomes due until it is actually received by Grantor. 7.4 Any costs incurred by Grantor, where Grantor is the prevailing party, in enforcing the terms of this Agreement, including but not limited to costs of suit, attorneys' and experts' fees, at trial and on appeal, and costs of Newport Valley Habitat Restoration, Orange County Page 6 Grant Agreement Number WC- WC1423EH Project /D 2014129 enforcing any judgment, shall be borne by Grantee. 7.5 Waiver of any breach or default by Grantee shall not be deemed to be a waiver of any subsequent breach or default, nor shall it constitute a modification of this Agreement. 8. ADDITIONAL TERMS AND CONDITIONS 8.1 Grantee Responsible for Project While the Grantor undertakes to assist the Grantee with the Project by providing a grant pursuant to this Agreement, the Project itself remains the sole responsibility of the Grantee. Grantor undertakes no responsibilities to the Grantee, the Landowner, or any third party, other than as expressly set out in this Agreement. The responsibility for implementing the Project is solely that of the Grantee, as is the responsibility for any claim or suit of any nature by any third party related in any way to the Project. 8.2 Contracts All agreements between Grantee and any third party related to the Project must be in writing and contain language that establishes the right of the auditors of the State of California to examine the records of the third party relative to the goods, services, equipment, materials, supplies or other assistance provided to Grantee for the Project. Grantee shall provide a complete copy of each agreement over $10,000.00 to Grantor prior to commencing work. Grantee shall obtain at least three (3) competitive bids or proposals for any portion of the Project for which Grantee intends to contract with a third party, and shall award the contract to the lowest cost responsible and qualified bidder. 8.3 Indemnification To the fullest extent permitted by law, Grantee shall indemnify, protect, and hold harmless the Wildlife Conservation Board and the State of California, and their respective members, officers, agents, employees and representatives, from and against any and all claims, demands, damages, losses, costs (including attorneys' fees), expenses, and liability of any nature (Claims) arising out of or incident to the Project, Grantee's entry upon and use of the Property, and the performance of, or failure to observe or perform, any obligations of the Grantee under this Agreement. The obligations of Grantee under this Section 8.3 include, without limitation, Claims resulting from the generation, use, storage, disposal, release or threatened release of any hazardous or toxic substance, material or waste; petroleum or petroleum products and other substances that present a threat to human health or the environment. Newport Valley Habitat Restoration, Orange County page 7 Grant Agreement Number WC- WC1423EH Project ID 2014129 8.4 Amendment; Severability This Agreement may be modified only by a written amendment signed by Grantor, Grantee and Landowner. No oral or written understanding or agreement not incorporated in this document shall be binding on the parties. If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid or unenforceable, that shall not affect any other provision of this Agreement or applications of the Agreement that can be given effect without the invalid provision or application. To this end the provisions of this Agreement are severable. 8.5 Independent Capacity of Grantee; Withholding and Payments Grantee, its members, officers, directors, employees, agents and representatives, is each acting in an independent capacity in entering into and carrying out this Agreement, and not as a partner, member, officer, agent, employee or representative of Grantor. Grantee is responsible for withholding and paying employment taxes, insurance and deductions of any kind required by federal, state or local laws. 8.6 No Assignment or Transfer This Agreement is not assignable or transferable by Grantee, either in whole or in part, without the prior written consent of Grantor which Grantor may grant or withhold in Grantor's discretion. 8.7 Accounting/Records/Audits Grantee shall maintain complete and accurate records of its actual Project costs, in accordance with generally accepted accounting principles and practices, and shall retain said records for at least three years after final disbursement by Grantor. During such time, Grantee shall make said records available (or cause them to be made available) to the State of California for inspection and audit purposes during normal business hours. Expenditures not documented, and expenditures not allowed under this Agreement or otherwise authorized in writing by Grantor shall be borne by Grantee. The audit shall be confined to those matters connected with this Agreement, including but not limited to administration and overhead costs. 8.8 Use of Grant Funds to Secure Additional Funding Grantee agrees that the funding provided under this Agreement shall not be used as matching funds for other grants, or to secure loans or other monetary awards without written approval from the Executive Director, Wildlife Conservation Board. Such approval shall not be unreasonably withheld as long as the Newport Valley Habitat Restoration, Orange County Page 8 Grant Agreement Number WC- WC1423EH Project ID 2014129 purposes for which the grant was awarded are maintained. 8.9 Termination or Suspension of Agreement At any time before Grantee has broken ground on the Project Grantor may terminate this Agreement for any reason by providing Grantee not less than 30 days written notice of termination. In addition, Grantor may suspend this Agreement at any time upon written notice to Grantee. In either case, Grantee shall immediately stop work under this Agreement and take all reasonable measures to prevent further costs to Grantor. The Grantor shall be responsible for reasonable and non-refundable obligations or expenses incurred by the Grantee under this Agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this Agreement. Any notice suspending work under this Agreement shall remain in effect until Grantor authorizes work to resume by giving further written notice to Grantee. 8.10 Resolution of Disputes The State Project Representative is identified on Page 1 of this Agreement. The State Project Representative has initial jurisdiction over each controversy arising under or in connection with the interpretation or performance of this Agreement or disbursement of Grant Funds. The Grantee will diligently pursue with the State Project Representative a mutually agreeable settlement of any such controversy. If the controversy cannot be resolved between Grantee and the State Project Representative, the Grantee must direct the grievance together with any evidence, in writing, to the Executive Director of the Wildlife Conservation Board. The grievance must state the issues in the dispute, the legal authority or other basis for the Grantee's position and the relief sought. The Executive Director or designee shall meet with a representative of the Grantee to review the issues. A written decision signed by the Executive Director or designee shall be returned to the Grantee within twenty (20) working days of the conclusion of this meeting. 8.11 Drug -Free Workplace Certification By signing this Agreement, Grantee hereby certifies under penalty of perjury under the laws of the State of California that Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: 8.11.1 Publish a statement notifying employees that unlawful manufacture, Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014129 Page 9 distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 8.11.2 Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: a) the dangers of drug abuse in the workplace; b) the person's or organization's policy of maintaining a drug-free workplace; c) any available counseling, rehabilitation and employee assistance programs; and, d) penalties that may be imposed upon employees for drug abuse violations. 8.11.3 Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: a) will receive a copy of the company's drug-free policy statement; and, b) will agree to abide by the terms of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of disbursements under this Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future state contracts if the Grantor determines that any of the following has occurred: (1) Grantee has made false certification, or (2) Grantee violates the certification by failing to carry out the requirements as noted above. 8.12 Union Organizing By signing this Agreement the Grantee hereby acknowledges the applicability to this Agreement of Government Code Sections 16645 through 16649, and certifies that: 8.12.1 No state funds disbursed by this grant will be used to assist, promote or deter union organizing; 8.12.2 Grantee shall account for state funds disbursed for a specific expenditure by this grant, to show those funds were allocated to that expenditure; 8.12.3 Grantee shall, where state funds are not designated as described in 8.12.2 above, allocate, on a pro -rata basis, all disbursements that support the grant program; and Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014129 Page 10 8.12.4 If Grantee makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. 8.13 Labor Code Requirements; Prevailing Wage State grants may be subject to California Labor Code requirements, which include prevailing wage provisions. Certain State grants administered by the California Wildlife Conservation Board and the California Department of Fish and Wildlife are not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. For more details, please refer to California Fish and Game Code Section 1501.5 and to the Department of Industrial Relations (DIR) website at http://www.dir.ca..qov. Grantee shall pay prevailing wage to all persons employed in the performance of any part of the Project if required by law to do so. 8.14 Informational Products All informational products (e.g. data, studies, findings, management plans, manuals, photos etc.) relating to California's natural environment and produced with the use of public funds shall be cataloged in the California Environmental Information Catalog (http:/gis.ca.gov/catalog) maintained by the CERES Program (www.ceres.ca.gov). 8.15 Non -Discrimination During the performance of this Agreement, Grantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family - care leave, medical -care leave, or pregnancy -disability leave. Grantee shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Grantee shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 (a -f) et seq.), and applicable regulations (California Code of Regulations, Title 2, Section 7285 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 by reference into this Agreement. Grantee shall give written notice of its obligations under this non-discrimination clause to labor organizations with which Grantee has a Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014929 Page 91 collective bargaining or other agreement, and shall post in conspicuous places available to employees and applicants for employment, notice setting forth the provisions of this section. Grantee shall also include the nondiscrimination and compliance provisions of this Agreement in all contracts related to the Project. 9. NOTICE OF AGREEMENT The terms, conditions and restrictions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and shall continue as a servitude running with the Property for the Project Life. Grantee and Landowner each agrees to sign, have acknowledged by a Notary Public and deliver to Grantor for recording a separate document, in a form substantially as shown in Exhibit F - NOTICE OF UNRECORDED GRANT AGREEMENT, to provide constructive notice of this Agreement. 10. AUTHORIZATION The signature of the Executive Director certifies that at the meeting of the Wildlife Conservation Board held on November 20, 2014, the Board authorized the award of a grant of up to $381,000.00 to Grantee for the Project. 11. EFFECTIVENESS OF AGREEMENT This Agreement shall be deemed executed and effective when fully signed by authorized representative(s) of each of Grantor, Grantee and Landowner. Each party shall sign three original counterparts of this Agreement. Each fully executed counterpart shall be deemed an original. Grantee and Landowner(s) shall each receive one fully executed original and Grantor shall receive one fully executed original. 12. EXHIBITS Each of the Exhibits referenced in this Agreement is incorporated by reference as though set forth in full herein. The following Exhibits are attached to this Agreement: Exhibit A — Location Map Exhibit B — Budget Exhibit C — Disbursement Request Template Exhibit D — Work Plan Exhibit E — Management Plan Exhibit F — Form of Notice of Unrecorded Grant Agreement Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project 1D 2014129 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement. GRANTOR STATE OF CALIFORNIA WILDLIFE CONSERVATION BOARD By: Date: �-�� �'�t Y �JgPn hP. Donnellyecutive Director GRANTEE TIDES -TER MARINE EDUCATION PROJECT ZZ'L By: Date: 49/2� udith Hill Chief Financial Officer Page 12 By signing below, Landowner approves the Project and authorizes Grantee, its agents, employees, representatives, invitees, contractors, and subcontractors to enter on and use the Property for all purposes necessary or appropriate to carry out the Project and the obligations of Grantee under this Agreement. Landowner agrees to ensure that any activity on or use of the Property is consistent with the Purposes of Grant and the long- term management plan for the Project attached as Exhibit E - MANAGEMENT PLAN. LANDOWNER CITY OF NEWPORT BEACH By: Date: 4 L¢' Dave Kiff NJ City Manager AYPROVED AS TO FORMI CityAttorney ce(m otizi lir Date M� Newport Valley Habitat Restoration, Orange County EXHIBIT A Grant Agreement Number—WC1423EH Project ID 2014129 EXHIBIT A - LOCATION MAP � Fountain xmar�i�a n "c w VdRt%y s gs rn ff, ^"'" a 3 �. c 4e a e'Yd`L ,4 ,Ewa�A4a "sr �V Y � dem ai �h r` � ti �. •.uP t Yri _ �� eta S'� � sx �• w Irvine �, naf Foothill Ranh costat�f n or - �n =v ti t Cl, s� a Mesa sraf `e• S; �F�r �s ; , � n wt+ t, v El Toru Lake F i,w fxF t x8'y Mission f rr 7ewpariv cis t <� faequut�, Viejo r '" �i lath �+i a8 �,• ; ee.*z^ Hltla Laguna 'c td;uni ' 46 � 4t � y �4ry z� p. .a AI15o tads � ,c. 7 Rart r �� beach ,� HabitatA�� wi-+�jt � � � mob v m _ / u LU � U � U / U � § 3 E C4 § +, q ca E \ 4- & C4 i a / < G / mcu © ■ 0 k k Lai -al C4 k Ol k � C4 \ ® $ E $ w k r- �/// 0) CD 2 g § 2 / q — � 7 m c LO w o n — m E 2 g m 7 N Lo� 2 q C++ \ C c c o / C i k § LL � & o q \ = "t _ S 7 2 2 / / / oe / cyi C6 � c \ cm LO R / ƒ / § f 2 E 2% $ 6 E 3 r q E m o o a) o (Dtf(Dk E a R E E § a@ w = o F = 0 E 00 2 J cli t k r- �/// 0) CD 2 g § 2 / q — � 7 m LO w o n — m E 2 g q\ 2 q C++ C d C k � k k c oe E \ ƒ / § c 2 E 2% E r q E m o o a) o (Dtf(Dk E a % / \ § a@ E R a 3$ 0 � 40 2 � CD k LO Cl) $ CD _ 0 � CD � co� � � k / � ■ � 0 e k ( k CL cc ( /ƒ §\ \} EED 75 )_ )) kk Newport Valley Habitat Restoration, Orange County EXHIBIT D Grant Agreement Number—WC1423EH Project ID 2014129 WORK PLAN Site Preparation The habitats to be restored are dominated by invasive plants including pampas grass (Cortaderia selloana), artichoke thistle (Cynara cardunculus), sweet fennel (Foeniculum vulgare), black mustard (Brassica nigra), field mustard (Brassica rapa), shortpod mustard (Hirschfeldia incana), yellow sweet clover (Melilotus indica), dwarf nettle (Urtica urens), tocalote (Centaurea melitensis), Spanish sunflower (Pulicaria paludosa), and wild celery (Apium graveolens). Every attempt to clear all invasive plants will be made before planting. All invasive plants will be removed by the most efficient methods (i.e. "mowing" for annuals, deep root removal for perennials, etc.) and if unable to remove a plant completely, the flowers and seeds will be removed from the site or piled on site to reduce the overall spread of new seeds. Volunteers will remove invasive plants by hand or by non -mechanized tool. Herbicides are available through our partnership with the landowner and in cooperation with the California Department of Fish and Game whose staff will be available to conduct spraying as necessary. Propagation Seeds and cuttings from native plants within the project area will be collected and used to propagate plants within the Program's nursery facility for restoration. The nursery facility is located at the Back Bay Science Center within walking distance of the restoration site. Volunteers conduct native plant propagation work at Steward Days taking place each Wednesday morning throughout the year. Planting The planting seasons will take place during the traditional rainy season from November through February, with flexibility for other months depending on the availability of rain. The selected plant palette will be based on the native species observed on site prior to planting. A specific reference site will be used if available. A general palette of species prevalent in similar conditions around the Upper Newport Bay will also diversify the site. The initial planting will include indicator species and other species that will provide a native habitat baseline for the site. After this first phase of container planting, the Program can return to the site to supplement with annual species to diversify the site or plant replacement plants as needed. Irrigation will occur at installation and once per month during the summer after installation. Physical planting is completed by volunteers using 1 -gallon container plants. Plants are laid out on 4 -foot centers (or approximately 12,500 plants). In coastal sage scrub, planting will occur in small clusters to create small native plant islands that allow for space in between plants typical in coastal sage scrub. This also allows room for native seed drop and seedling growth away from the parent plants. As a result of higher survival rates and the larger plant footprint for willows and mulefat (reflective of the water resources readily available), riparian plantings will occur on larger intervals than coastal sage scrub. Plant Palette Riparian species Salix lasiolepis arroyo willow Baccharis salicifolia mulefat Newport Valley Habitat Restoration, Orange County EXHIBIT D Grant Agreement Number—WC1423EH Project ID 2014129 Pluchea odorata marsh fleabane Juncus acutus spiny rush Frankenia salina alkali heath Coastal sage scrub species Artemisia californica California sagebrush Eriogonum fasciculatum California buckwheat Acmispon glaber deerweed Encelia californica bush sunflower/California encelia Opuntia littoralis Coast prickly pear Sambucus mexicana Mexican elderberry Solanum douglasii Douglas' nightshade Salvia mellifera black sage Rhus integrifolia lemonadeberry Heteromeles arbutifolia toyon Isocoma menziesii coast goldenbush Baccharis emoryi Emory's baccharis Cleome isomeris bladderpod Leymus condensatus giant wild rye Opuntia prolifera coast cholla Nassella pulchra purple needlegrass Site Maintenance Maintenance will be conducted by program volunteers. Maintenance activities include invasive plant removal, irrigation, the placement of plant cages to protect from herbivores, and additional planting if necessary. Maintenance for CBREP projects typically lasts for 3-5 years to meet success criteria. The restoration will be maintained until the following success criteria are met: 1. Maintenance of 50% native plant survival 5 years after installation. 2. Established native plant coverage of 70% or greater in Coastal Sage Scrub 5 years after project initiation. Native shrub cover between 60 and 70% at maturity. Established native plant coverage in Riparian habitat has yet to be determined. 3. No more than 10% invasive plant coverage in restoration site 5 years after project initiation. 4. Noted presence of use by wildlife throughout food web, in particular the presence of threatened or endangered species, most notably the California gnatcatcher. Performance Monitoring The monitoring program measures plant coverage (native and invasive) in square meter quadrats at regular intervals along transects placed across the restoration site. Baseline data is taken before restoration and twice each year (February and August) during the five years after the initial native plant installation. The protocols also include soil sampling to help determine the best plant palette for the site. Monitoring protocols are available upon request. Conservation measures The following measures will be implemented to minimize impacts to sensitive fauna occurring on or immediately adjacent to the subject property: Newport Valley Habitat Restoration, Orange County EXHIBIT D Grant Agreement Number —WC 1423EH Project ID 2014129 1. To avoid impacts to breeding birds, the following measures will be implemented during the bird breeding season (February 15 -July 15): a. Prior to commencement of enhancement activities that could disturb habitat occupied by nesting birds, a monitoring biologist will conduct pre -activity surveys to determine the location of any active bird nests. The survey should begin not more than one week prior to the beginning of project activities. Work should be restricted from within 50 feet of active nests. Locations of nests could be identified on maps and cordoned off by stakes or warning tape to identify locations where work activities are restricted. b. On the day of project activities, participants will be advised of areas to be avoided to avoid impacts to nesting birds. Participants will be shown pictures of rare and sensitive birds and possibly maps of potential nesting areas. Activities will be overseen by the Coastal Commission or California Department of Fish and Wildlife. 2. Volunteers will be directed to walk on single-track trails through disturbed habitat to get to the work site. Mature habitat will be avoided to minimize disturbance. As the restored habitat matures, only a few volunteers at a time are allowed on site to conduct maintenance to minimize impact in the established habitat. Newport Valley Habitat Restoration, Orange County EXHIBIT E Grant Agreement Number —WC 1423EH Project ID 2014129 Management Plan The Community -Based Restoration and Education Program is the lead organization in the long-term management of the site. However, the program also maintains partnerships with local organizations and agencies to support our work including the Newport Bay Conservancy, California Department of Fish and Wildlife, Orange County Parks, and the City of Newport Beach. While the primary work site may change around Upper Newport Bay as the Newport Valley project is completed, the program relies on its strong program structure and strong partnerships to ensure long-term success for all of our sites. Active restoration of the site is expected to take five years to complete. Initial maintenance and monitoring is expected to last approximately five years in order to reach our final goals. However, as a community-based restoration program, our program volunteers develop a strong sense of ownership over their work sites and expect to stay engaged in the site for the foreseeable future. With regular events throughout the year, volunteers will be available to maintain the site as needed. A final report will be,provided including restoration and monitoring results, and photographic documentation. The following chart describes the long-term maintenance plan that will begin after the end of the 10 -year work plan. Quarterly Qualitative assessments: • Presence of native plants • Presence of invasive plants • Human disturbance (trash, vandalism) • Weather conditions Annually (August) Quantitative monitoring: • Percent coverage native plants • Percent coverage invasive plants • Presence of wildlife • Soil conditions As needed Volunteer work events to conduct: • Replanting • Invasive plant removal • Trash/vandalism removal • Education programs regarding coastal sage scrub and riparian habitats Newport Valley Habitat Restoration, Orange County Grant Agreement Number—WC1423EH Project ID 2094929 Recording requested by, and when recorded mail to: STATE OF CALIFORNIA Department of Fish and Wildlife Wildlife Conservation Board 180713 th Street, Suite 103 Sacramento, California 95811 Space above this line for Recorder's Use, Project. NAME County: Project ID: NOTICE OF UNRECORDED GRANT AGREEMENT EXHIBIT F Page 1 A Grant Agreement titled for reference purposes as NAME (Agreement No. XXXX), was entered into by and between the State of California, by and through the Wildlife Conservation Board (Board), NAME (Grantee) and NAME (Landowner). As this recording is on the behalf of the State, please note the recording of these documents is not subject to payment of fees pursuant to Section 27383 of the Government Code. The Board, Grantee and Landowner entered into said Grant Agreement (No. WC-XXXX), pursuant to which the Board granted funds to Grantee to perform certain activities on the certain real property in XXXX County owned by the Landowner, to BRIEF PROJECT DESCRIPTION, E.G., RESTORE WETLAND HABITAT. The Grant Agreement term runs from DATE, through DATE, for capital improvements and restoration activities and from DATE, through DATE, for management practices. The terms, conditions and restrictions of the Grant Agreement are binding upon and inure to the benefit of the Landowner, and their respective personal representatives, heirs,, successors, and assigns and shall continue as a servitude running for the project life span of the project on the subject lands as described in Exhibit "A" attached hereto and incorporated herein by this reference. For additional terms and conditions of the Grant, reference should be made to the Grant Agreement which is on file with the Wildlife Conservation Board, 1807 13th Street, Suite 103, Sacramento, California 95811. SIGNATURE OF STATE OF CALIFORNIA, WILDLIFE CONSERVATION BOARD John P. Donnelly, Executive Director SIGNATURE OF GRANTEE (NAME) NAME, TITLE SIGNATURE OF LANDOWNER (NAME) (This is an EXAMPLE NOUGA — Do Not sign this copy) NAME, TITLE DATE DATE DATE Newport Valley Habitat Restoration, Orange County EXHIBIT F Grant Agreement Number—WC1423EH Page 2 Project ID 2014129 LEGAL DESCRIPTION All that certain real property situate in the County of XXXX, State of California, described as follows: State of California Wildlife Conservation Board Edmund G. Brown Jr., Governor NATURAL RESOURCES AGENCY DEPARTMENT OF FISH AND WILDLIFE WILDLIFE CONSERVATION BOARD Mailing Address: 1416 91h Street, Room 1266 Sacramento, California 95814 www.wcb.ca.gov (916) 445-8448 Fax (916) 323-0280 Sylvie B. Lee ---3' ItA-y o'P AJ p06'° 8QZ Grants Program Coordinator B 2 21315 California Coastal Commission 45 Fremont Street, Suite 2000 San Francisco, California 94105 Dear Ms. Lee: Newport Valley Habitat Restoration WC-1423EH Project ID: 2014129 Enclosed for your records is a fully executed Grant Agreement WC-1423EH for the above project located in Orange County. This is your Notice to Proceed in accordance with the terms and conditions of the agreement. Please make note of the following deadlines for submission of invoices and receipts for labor and materials: all materials must be ordered and work completed by December 30, 2019. Bills for materials ordered and work completed prior to December 30, 2019, can be submitted up to 30 days past that date. The Wildlife Conservation Board project coordinator is Ms. Elizabeth Hubert. Please coordinate all project activities or any questions you might have regarding the agreement or procedures through Ms. Hubert. She can be reached at (916) 445-1093. Thank you for your assistance in implementing this important wildlife habitat restoration project. Sincerely, (.J John P. Donnelly Executive Director Enclosures cc: Ed Pert, Regional Manager CDFW, South Coast Region Matt Yurko, Project Manager Community-based Restoration and Education Program DFW-ASB/Claims Unit (w/copy of enclosure) WCB, Fiscal Officer (letter, with two copies of the Funding Certification) lam' AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND THE TIDES CENTER MARINE EDUCATION PROJECT This Agreement is entered into this i day of February, 2015 ("Effective Date"), by and between the City of Newport Beach, a California municipal corporation and Charter City ("City" or "Landowner"), and THE TIDES CENTER MARINE EDUCATION PROJECT, a California nonprofit corporation located at 45 Fremont Street, Suite 2000, San Francisco, California 94105 ("Grantee"). City and Grantee are at times individually referred to as "Party" and collectively as "Parties" herein. RECITALS A. This Agreement is made in connection with the Grant Agreement ("Grant Agreement") dated M L , 2015 between the California Wildlife Conservation Board (" Granto '), the Grantee, and the City, for Newport Valley Habitat Restoration, Orange County, California, # WC-1423EH, incorporated herein by this reference as Exhibit A. B. The purpose of this Agreement is to provide indemnifications that were not otherwise provided in the Grant Agreement. C. All other aspects of the original Agreement shall remain in full force and effect. NOW, THEREFORE, the Parties agree as follows: To the fullest extent permitted by law, Grantee shall indemnify, protect, and hold harmless the City, its City Council, boards and commissions, their respective members, officers, agents, employees, representatives, and volunteers (collectively, the "Indemnified Parties"), from and against any and all claims, demands, damages, losses, costs (including attorneys' fees), expenses, and liability of any nature ("Claims"), including, without limitation, claims for bodily injury, death or damage to property, arising out of or incident to the Project (as defined at Section 2 of the Grant Agreement), Grantee's entry upon and use of the Property (as defined at Section 2 of the Grant Agreement), and the performance of, or failure to observe or perform, any obligations of the Grantee under this Agreement. The obligations of Grantee include, without limitation, Claims resulting from the generation, use, storage, disposal, release or threatened release of any hazardous or toxic substance, material or waste; petroleum or petroleum products and other substances that present a threat to human health or the environment. Any obligation to indemnify the City by Grantee shall be limited to those claims, demands, damages, losses, costs, expenses and liability that are a result of Grantee's negligence or willful misconduct. 2. NO ASSIGNMENT OR TRANSFER This Agreement is not assignable or transferable by Grantee, either in whole or in part, without the prior written consent of the City, which may grant or withhold at the City's discretion. 3. STANDARD PROVISIONS 3.1. Recitals. City and Grantee acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 3.2, Compliance With all Laws. Grantee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 3.3. Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Grant Proposal or any other attachments attached hereto, the terms of this Agreement shall govem. 3.4. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 3.5. Amendments. This Agreement may be modified or amended only by a written document executed by both Grantee and City and approved as to form by the City Attorney. 3.6. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 3.7. Controlling Law And Venue. The this Agreement and all matters relating to Agreement shall be adjudicated in a court Orange, State of California. laws of the State of California shall govern it and any action brought relating to this of competent jurisdiction in the County of 3.8. Equal Opportunity Employment. Grantee represents that it is an equal opportunity employer and it shall not discriminate against any contractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age or any other impermissible basis under law. 3.9. No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 3.10. Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. [SIGNATURES ON NEXT PAGE] THE TIDES CENTER MARINE EDUCATION PROJECT Page 2 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNJE S OFFICE Date: !? f i 1 Y By: Aaron C. Harp o�j�ai1C' City Attorney ATTEST: -- Date: -" CITY OF NEWPORT BEACH, A California municipal corporation Date: 2-t By: Dave Kiff City Manager GRANTEE: THE TIDES CENTER MARINE EDUCATION PROJECT, a California nonprofit corporation Date: INVA Leilanl I. E City Clerk Signed in Counterpart By: Judith Hill Chief Financial Officer Attachment: Exhibit A: Grant Agreement [END OF SIGNATURES] THE TIDES CENTER MARINE EDUCATION PROJECT Page 3 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:. YZA (I B AaronC.Harp cAmoNjiotjjT City Attorney ATTEST: Date: By: Leilan! 1. Brown City Clerk Attachment: Exhibit A: Grant Agreement CITY OF NEWPORT BEACH, A California municipal corporation Date: By: Dave Kiff City Manager GRANTEE: THE TIDES CENTER MARINE EDUCATION PROJECT, a California nonprofit corporation Date: By: 4 �� Judi Hill Chief Financial Officer [END OF SIGNATURES] THE TIDES CENTER MARINE EDUCATION PROJECT Page 3 Grant Agreement � � 1. • - l , � • ! � a �. � � MM MM - LLJ.I WC-1423EH State of California Natural Resources Agency Department of Fish and Wildlife Wildlife Conservation Board This page left blank intentionally. Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014129 1. SCOPE OF AGREEMENT Page 1 Pursuant to the Wildlife Conservation Law of 1947, Chapter 4.0 of Division 2, (commencing with Section 1300) of the California Fish and Game Code; the Water Security, Clean Drinking Water, Coastal and Beach Protection Fund of 2002 (Proposition 50), Water Code Section 79572(a); and the approval granted by the Wildlife Conservation Board on November 20, 2014, the Wildlife Conservation Board (Grantor) hereby grants to Tides Center — Marine Education Project (Grantee), a sum not to exceed three hundred, eighty-one thousand dollars ($381,000.00) (Grant Funds), upon and subject to the terms and conditions of this Grant Agreement (Agreement). 2. PURPOSES OF GRANT Grantor is entering into this Agreement, and the Grant Funds shall be used, only for the purpose of assisting Grantee with the project generally described as: removing invasive weed species and restoring approximately 15 acres of native vegetation (Project) on approximately 15 acres of land commonly known as Newport Valley, located in Orange County, California (Property). The Property is generally shown on the attached Exhibit A - LOCATION MAP. The City of Newport Beach is the fee owner of the Property. 3. CONDITIONS OF GRANT Grantor's obligation to disburse Grant Funds under this Agreement is conditioned upon and subject to the satisfactory completion of all of the following conditions: 3.1 Grantor shall have reviewed and approved all documents pertaining to the Project, including, without limitation, feasibility and planning studies, designs, plans, budgets, cost estimates, timelines and agreements. Such review and approval by Grantor will be for compliance with this Agreement as well as funding and other requirements applicable to Grantor, and shall not be unreasonably withheld. 3.2 Grantor shall have reviewed and approved a certified resolution or other appropriate action of the governing board or governing body of Grantee, authorizing the execution and performance of this Agreement and the carrying out of the Project by Grantee. 3.3 Grantee shall have disclosed all funding sources for the Project, including all amounts applied for or obtained from sources other than Grantor. These amounts shall be reflected in the attached Exhibit B — BUDGET (Budget) by Budget category. As between Grantor and Grantee, Grantee shall be responsible for any and all Project costs that exceed the amount of the Grant Funds provided under this Agreement. 3.4 The grant proposal shall have been approved by the Wildlife Conservation Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014129 Page 2 Board at a public meeting, this Agreement shall have been fully executed by Grantor and Grantee, and Grantee shall have received a written "Notice to Proceed" from Grantor. The approval of the grant proposal by the Wildlife Conservation Board, if such approval is given, shall not constitute authorization for the commencement of the Project or expenditure of Grant Funds. No expenditure made or activity initiated prior to Grantee's receipt of a written Notice to Proceed from Grantor will be eligible for reimbursement by Grantor. 4. DISBURSEMENTS 4.1 Upon satisfaction of all of the Conditions of Grant set forth in Section 3, above, and so long as Grantee is not in breach or default under this Agreement, Grantor agrees to disburse the Grant Funds to Grantee, in arrears, in installments as set forth in this Section 4. Disbursements shall be made not more frequently than monthly and disbursements of less than $5000.00 should be made not more frequently than quarterly. All disbursements shall be subject to the availability of funds for purposes of the Project as provided in Section 4.8. 4.2 Grantee shall request disbursement of Grant Funds by submitting a disbursement request to Grantor in triplicate for approved budgeted work performed on the Project in accordance with Section 4.3. Disbursement shall be contingent upon approval of the disbursement request by Grantor. 4.3 The disbursement request must be submitted on Grantee's letterhead, signed by an authorized representative of Grantee, and include a written description of the work completed during the period of the disbursement request. Requests for disbursement must be itemized using the same categories included in the attached Budget. Exhibit C — DISBURSEMENT REQUEST TEMPLATE provides the format to use for submitting disbursement requests to Grantor. Each disbursement request shall contain supporting or back-up documentation for all amounts shown on the request, including receipts for all materials and supplies, all Grantee staff time shown by number of hours worked and hourly rate, and all contractor or sub -contractor services. 4.4 Grantor may withhold ten percent (10%) of the total approved amount from each disbursement (Retained Grant Funds) until Grantor has approved the completion of the Project, the final report required by Section 6.4, and the final request for disbursement. 4.5 Upon completion of Project activities, Grantee may request disbursement of the Retained Grant Funds. Grantee shall submit this request no later than thirty (30) days after the Projected Completion Date (as defined in Section 6.1). Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014129 4.6 Requests for disbursement should be sent to: Wildlife Conservation Board 180713 th Street, Suite 103 Sacramento, California 95811 Attn: Elizabeth Hubert 4.7 Grantee shall reimburse Grantor for any erroneous disbursement of Grant Funds under this Agreement. Reimbursement shall occur within 30 days of written demand by Grantor. Interest shall accrue at the highest rate allowed by law from the time that reimbursement becomes due and owing until received by Grantor. Page 3 4.8 Despite any contrary provision of this Agreement, Grantor shall not be obligated to disburse any remaining unpaid portion of the Grant Funds unless and until sufficient funds identified for allocation to the Project (as further specified in the Funding Certification attached to this Agreement) are released by the State Treasurer's Office to Grantor for expenditure for this grant. No request for disbursement submitted prior to the release of such funds to Grantor shall be effective. The attached Budget is an estimate of the Grantee's anticipated costs for the Project and discloses all funding sources for the Project, including all amounts applied for or obtained from sources other than Grantor. Should the Budget not disclose all funding sources for the Project, Grantor may refer this grant to the Department of Finance for a Project audit. Grantee may seek additional funding from sources other than Grantor, with Grantor's approval, to cover cost increases or to reduce Grantor's cost share. Should Grantee obtain additional funds from sources other than Grantor, Grantee shall promptly notify Grantor of the amounts and sources of the additional funding and submit a proposed new budget reflecting any changes to Grantor for its approval. When actual Project costs indicate that the costs of certain Budget categories payable by Grantor are higher than estimated, and these higher costs are offset by lower costs in other Budget categories payable by Grantor, the Grantee may submit a written request to Grantor to shift funds between such Budget categories. Contingencies shall be used only upon written approval by Grantor. Grantor shall approve or deny a requested Budget revision or use of contingencies in writing within 10 business days of receipt of Grantee's written request. 6. GRANTEE'S COVENANTS In consideration of this Agreement, Grantee hereby covenants and agrees as follows: Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014129 Page 4 6.1. Grantee will complete or cause to be completed all Project activities in accordance with Grantee's proposed design and specifications submitted to Grantor, a copy of which is attached as Exhibit D - WORD PLAN and incorporated herein by this reference, on or before December 30, 2019 (Projected Completion Date). The Project will be considered complete when all Project activities have been completed and Grantor has approved the completion of the Project, the final report required by Section 6.4, and the final request for disbursement. 6.2 Grantee is responsible for obtaining all necessary permits and approvals for the Project (including its construction, management, monitoring, operation, use and maintenance), and complying with all federal, state and local statutes, laws, regulations, ordinances, orders and other governmental and quasi -governmental requirements that apply to the Project (including its construction, management, monitoring, operation, use and maintenance). 6.3 Grantee shall recognize the cooperative nature of the Project and shall provide credit to the Grantor and the California Department of Fish and Wildlife on signs, demonstrations, promotional materials, advertisements, publications and exhibits prepared or approved by Grantee referencing the Project. Any sign installed on the Property referencing the Project shall be subject to the mutual agreement of Grantor, Grantee and Landowner regarding text, design and location and shall display the logo of Grantor. [ 6.4 Not later than 30 days following the completion of all Project activities Grantee will submit either five hard copies or one hard copy and one digital copy of a final report of accomplishments, including pre- and post - Project photographs and a final design or site plan of the Project, to Grantor. 6.5 Grantee shall ensure that the Property [restoredfenhanced] with funds provided by Grantor is operated, used and maintained throughout the Project Life consistent with the Purposes of Grant and in accordance with the long-term management plan for the Project attached as Exhibit E — MANAGEMENT PLAN. 6.6 The Grantee shall cause the Landowner to permit Grantor, the California Department of Fish and Wildlife, and their respective members, officers, employees, agents and representatives, to access the Property at least once every twelve months from the date of Grantor's Notice to Proceed through the end of the Project Life for purposes of inspections and monitoring. Such access shall be at times reasonably acceptable to the Landowner and the requester following written or verbal request to the Grantee. Newport Valley Habitat Restoration, Change County Grant Agreement Number WC- WC1423EH Project ID 2014129 7. BREACH AND REMEDIES Page 5 7.1 In the event of a breach of Grantee's obligations under this Agreement, Grantor shall give notice to Grantee describing the breach. If Grantee does not cure the breach described in the Grantor's notice within 90 days after the date of Grantor's notice (or, if the breach cannot reasonably be cured within 90 days, Grantee does not commence the cure within the 90 - day period and diligently pursue it to completion), then Grantee shall be in default of this Agreement. 7.2 In the event of a default by Grantee before the Project is complete then, in addition to any and all other remedies available at law or in equity, Grantor may seek specific performance of this Agreement. Grantee agrees that specific performance is an appropriate remedy because the benefits to Grantor from Grantee's completion of the Project in accordance with this Agreement, as described in Section 2 (Purposes of Grant), are unique and damages would not adequately compensate Grantor for the loss of such benefits. 7.3 In the event of a default by Grantee, in addition to any and all other remedies available under this Agreement, at law or in equity, Grantor may require Grantee to reimburse the Grant Funds to Grantor in an amount determined by application of the following Reimbursement Formula: "Reimbursement Formula" Formula: Dollar amount of Grant Funds divided by Project Life, times the number of years remaining in the Project Life, Example: Grantor grants $50,000.00 to Grantee for the restoration and enhancement of wetland and riparian habitat, and the Project Life is 25 years. With 10.5 years remaining on the Project Life, the Grantee is in default under the Agreement. The reimbursement amount would be $21,000, calculated as follows: ($50,000.00 25 years) x 10.5 years = $21,000 Reimbursement shall be due from Grantee immediately upon written demand by Grantor. Interest shall accrue at the highest rate allowed by law from the time that the reimbursement becomes due until it is actually received by Grantor. 7.4 Any costs incurred by Grantor, where Grantor is the prevailing party, in enforcing the terms of this Agreement, including but not limited to costs of suit, attorneys' and experts' fees, at trial and on appeal, and costs of Newport Valley Habitat Restoration, Orange County Page 6 Grant Agreement Number WC- WC1423EH Project ID 2014129 enforcing any judgment, shall be borne by Grantee. 7.5 Waiver of any breach or default by Grantee shall not be deemed to be a waiver of any subsequent breach or default, nor shall it constitute a modification of this Agreement. 8. ADDITIONAL TERMS AND CONDITIONS 8.1 Grantee Responsible for Project While the Grantor undertakes to assist the Grantee with the Project by providing a grant pursuant to this Agreement, the Project itself remains the sole responsibility of the Grantee. Grantor undertakes no responsibilities to the Grantee, the Landowner, or any third party, other than as expressly set out in this Agreement. The responsibility for implementing the Project is solely that of the Grantee, as is the responsibility for any claim or suit of any nature by any third party related in any way to the Project. 8.2 Contracts All agreements between Grantee and any third party related to the Project must be in writing and contain language that establishes the right of the auditors of the State of California to examine the records of the third party relative to the goods, services, equipment, materials, supplies or other assistance provided to Grantee for the Project. Grantee shall provide a complete copy of each agreement over $10,000.00 to Grantor prior to commencing work. Grantee shall obtain at least three (3) competitive bids or proposals for any portion of the Project for which Grantee intends to contract with a third party, and shall award the contract to the lowest cost responsible and qualified bidder. 8.3 indemnification To the fullest extent permitted by law, Grantee shall indemnify, protect, and hold harmless the Wildlife Conservation Board and the State of California, and their respective members, officers, agents, employees and representatives, from and against any and all claims, demands, damages, losses, costs (including attorneys' fees), expenses, and liability of any nature (Claims) arising out of or incident to the Project, Grantee's entry upon and use of the Property, and the performance of, or failure to observe or perform, any obligations of the Grantee under this Agreement. The obligations of Grantee under this Section 8.3 include, without limitation, Claims resulting from the generation, use, storage, disposal, release or threatened release of any hazardous or toxic substance, material or waste; petroleum or petroleum products and other substances that present a threat to human health or the environment. Newport Valley Habitat Restoration, Orange County Page 7 Grant Agreement Number WC- WC1423EH Project ID 2014929 8.4 Amendment; Severability This Agreement may be modified only by a written amendment signed by Grantor, Grantee and Landowner. No oral or written understanding or agreement not incorporated in this document shall be binding on the parties. If any provision of this Agreement or the application thereof to any person or circumstance is held to be invalid or unenforceable, that shall not affect any other provision of this Agreement or applications of the Agreement that can be given effect without the invalid provision or application. To this end the provisions of this Agreement are severable. 8.6 Independent Capacity of Grantee; Withholding and Payments Grantee, its members, officers, directors, employees, agents and representatives, is each acting in an independent capacity in entering into and carrying out this Agreement, and not as a partner, member, officer, agent, employee or representative of Grantor. Grantee is responsible for withholding and paying employment taxes, insurance and deductions of any kind required by federal, state or local laws. 8.6 No Assignment or Transfer This Agreement is not assignable or transferable by Grantee, either in whole or in part, without the prior written consent of Grantor which Grantor may grant or withhold in Grantor's discretion. 8.7 Accounting/Records/Audits Grantee shall maintain complete and accurate records of its actual Project costs, in accordance with generally accepted accounting principles and practices, and shall retain said records for at least three years after final disbursement by Grantor. During such time, Grantee shall make said records available (or cause them to be made available) to the State of California for inspection and audit purposes during normal business hours. Expenditures not documented, and expenditures not allowed under this Agreement or otherwise authorized in writing by Grantor shall be borne by Grantee. The audit shall be confined to those matters connected with this Agreement, including but not limited to administration and overhead costs. 8.8 Use of Grant Funds to Secure Additional Funding Grantee agrees that the funding provided under this Agreement shall not be used as matching funds for other grants, or to secure loans or other monetary awards without written approval from the Executive Director, Wildlife Conservation Board. Such approval shall not be unreasonably withheld as long as the Newport Valley Habitat Restoration. Orange County Page 8 Grant Agreement Number WC- WC1423EH Project 1D 2014929 purposes for which the grant was awarded are maintained. 8.9 Termination or Suspension of Agreement At any time before Grantee has broken ground on the Project Grantor may terminate this Agreement for any reason by providing Grantee not less than 30 days written notice of termination. In addition, Grantor may suspend this Agreement at any time upon written notice to Grantee. In either case, Grantee shall immediately stop work under this Agreement and take all reasonable measures to prevent further costs to Grantor. The Grantor shall be responsible for reasonable and non-refundable obligations or expenses incurred by the Grantee under this Agreement prior to the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding authorized in this Agreement. Any notice suspending work under this Agreement shall remain in effect until Grantor authorizes work to resume by giving further written notice to Grantee. 8.10 Resolution of Disputes The State Project Representative is identified on Page 1 of this Agreement. The State Project Representative has initial jurisdiction over each controversy arising under or in connection with the interpretation or performance of this Agreement or disbursement of Grant Funds. The Grantee will diligently pursue with the State Project Representative a mutually agreeable settlement of any such controversy. If the controversy cannot be resolved between Grantee and the State Project Representative, the Grantee must direct the grievance together with any evidence, in writing, to the Executive Director of the Wildlife Conservation Board. The grievance must state the issues in the dispute, the legal authority or other basis for the Grantee's position and the relief sought. The Executive Director or designee shall meet with a representative of the Grantee to review the issues. A written decision signed by the Executive Director or designee shall be returned to the Grantee within twenty (20) working days of the conclusion of this meeting. 8.11 Drug -Free Workplace Certification By signing this Agreement, Grantee hereby certifies under penalty of perjury under the laws of the State of California that Grantee will comply with the requirements of the Drug -Free Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free workplace by taking the following actions: 8.11.1 Publish a statement notifying employees that unlawful manufacture, Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project l0 2014129 Page 9 distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). 8.11.2 Establish a Drug -Free Awareness Program as required by Government Code Section 8355(b) to inform employees about all of the following: a) the dangers of drug abuse in the workplace; b) the person's or organization's policy of maintaining a drug-free workplace; c) any available counseling, rehabilitation and employee assistance programs; and, d) penalties that may be imposed upon employees for drug abuse violations. 8.11.3 Provide, as required by Government Code Section 8355(c), that every employee who works on the proposed contract: a) will receive a copy of the company's drug-free policy statement; and, b) will agree to abide by the terms of the company's statement as a condition of employment on the contract. Failure to comply with these requirements may result in suspension of disbursements under this Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future state contracts if the Grantor determines that any of the following has occurred: (1) Grantee has made false certification, or (2) Grantee violates the certification by failing to carry out the requirements as noted above. 5.92 Union Organizing By signing this Agreement the Grantee hereby acknowledges the applicability to this Agreement of Government Code Sections 16645 through 16649, and certifies that: 8.12.1 No state funds disbursed by this grant will be used to assist, promote or deter union organizing; 8.12.2 Grantee shall account for state funds disbursed for a specific expenditure by this grant, to show those funds were allocated to that expenditure; 8.12.3 Grantee shall, where state funds are not designated as described in 8.12.2 above, allocate, on a pro -rata basis, all disbursements that support the grant program; and Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project 1D 2014129 Page 10 8.12.4 If Grantee makes expenditures to assist, promote or deter union organizing, Grantee will maintain records sufficient to show that no state funds were used for those expenditures, and that Grantee shall provide those records to the Attorney General upon request. 8.13 Labor Code Requirements; Prevailing Wage State grants may be subject to California Labor Code requirements, which include prevailing wage provisions. Certain State grants administered by the California Wildlife Conservation Board and the California Department of Fish and Wildlife are not subject to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code. For more details, please refer to California Fish and Game Code Section 1501.5 and to the Department of Industrial Relations (DIR) website at http://www.dir.ca.gov. Grantee shall pay prevailing wage to all persons employed in the performance of any part of the Project if required by law to do so. 8.14 Informational Products All informational products (e.g. data, studies, findings, management plans, manuals, photos etc.) relating to California's natural environment and produced with the use of public funds shall be cataloged in the California Environmental Information Catalog (http:/gis.ca.gov/catalog) maintained by the CERES Program (www.ceres.ca. ov). 8.15 Non -Discrimination During the performance of this Agreement, Grantee shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, marital status, age (over 40), sex, sexual orientation, or use of family - care leave, medical -care leave, or pregnancy -disability leave. Grantee shall take affirmative action to ensure that the evaluation and treatment of its employees and applicants for employment are free of such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Grantee shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 (a -f) et seq.), and applicable regulations (California Code of Regulations, Title 2, Section 7285 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 by reference into this Agreement. Grantee shall give written notice of its obligations under this non-discrimination clause to labor organizations with which Grantee has a Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project ID 2014129 Page 11 collective bargaining or other agreement, and shall post in conspicuous places available to employees and applicants for employment, notice setting forth the provisions of this section. Grantee shall also include the nondiscrimination and compliance provisions of this Agreement in all contracts related to the Project. 9. NOTICE OF AGREEMENT The terms, conditions and restrictions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their personal representatives, heirs, successors, and assigns and shall continue as a servitude running with the Property for the Project Life. Grantee and Landowner each agrees to sign, have acknowledged by a Notary Public and deliver to Grantor for recording a separate document, in a form substantially as shown in Exhibit F - NOTICE OF UNRECORDED GRANT AGREEMENT, to provide constructive notice of this Agreement. 10. AUTHORIZATION The signature of the Executive Director certifies that at the meeting of the Wildlife Conservation Board held on November 20, 2014, the Board authorized the award of a grant of up to $381,000.00 to Grantee for the Project. 11. EFFECTIVENESS OF AGREEMENT This Agreement shall be deemed executed and effective when fully signed by authorized representative(s) of each of Grantor, Grantee and Landowner. Each party shall sign three original counterparts of this Agreement. Each fully executed counterpart shall be deemed an original. Grantee and Landowner(s) shall each receive one fully executed original and Grantor shall receive one fully executed original. 12. EXHIBITS Each of the Exhibits referenced in this Agreement is incorporated by reference as though set forth in full herein. The following Exhibits are attached to this Agreement. Exhibit A Location Map Exhibit B — Budget Exhibit C — Disbursement Request Template 'Exhibit D — Work Plan Exhibit E — Management Plan `, Exhibit F — Form of Notice of Unrecorded Grant Agreement Newport Valley Habitat Restoration, Orange County Grant Agreement Number WC- WC1423EH Project 1D 2014129 IN WITNESS WHEREOF, the undersigned parties have executed this Agreement. GRANTOR STATE OF CALIFORNIA WILDLIFE CONSERVATION BOARD At John P. Donnelly Executive Director Date: GRANTEE TIDES CENTER MARINE EDUCATION PROJECT By: t Date: J ith Hill Chief Financial Officer Page 12 By signing below, Landowner approves the Project and authorizes Grantee, its agents, employees, representatives, invitees, contractors, and subcontractors to enter on and use the Property for all purposes necessary or appropriate to carry out the Project and the obligations of Grantee under this Agreement. Landowner agrees to ensure that any activity on or use of the Property is consistent with the Purposes of Grant and the long- term management plan for the Project attached as Exhibit E - MANAGEMENT PLAN. CITY OF NEWPORT BEACH By: Dave Kiff City Manager ARPROVED AS TO FORM `�M ,L � teq{ City Attoilley chMol�2a(IY- Date: -Z-1 LAvs Newport Valley Habitat Restoration, Orange County Grant Agreement Number—WC1423EH Project ID 2014129 EXHIBIT A - LOCATION MAP EXHIBIT A U W cn r. N CL C: V i O 7l O Q cu Y � � L ul � � W W E C^ C Z N E o C 00 U Q Y �. Ln C vco 3 Al N N T 0 O w va Wt N m T n O O O T co 00 40 LO Cl) IT L V- C; O M d4 O O O C r- 6% M w c14 N 61+ F- 0 Nto N T !7i uy V- (D O N N Q7 C T m ti r r co M 'et' N C f� m E N N In "t CV i E c OS a m P ° E w OJ O V N P U C lq CQ t!3 C LcoOZI (6 E C� U - O m � m O O U vy •� N co CD co N � 00 V cc 0 {m.} to CD O O r M Lr. m co Nt o t- C. - 0- a � n_ co P er n ua CD LOV7 47 co r. M oP to o O o c7 � Co LL 0) co co g cV M I-- t- I� tl! ti co co m O M O to M P CU N N M co t0 O co O N Ol N O L) Cl) P- N O � LL co M N M P CV) Cl) M M tiy' M CO M N N T 0 O w va Wt N m T n O O O T co 00 40 LO Cl) IT L V- C; O M d4 O O O C r- 6% M w c14 N 61+ F- 0 N U C m C E N E i E c E a m v_, ° E +�O U C E O @ LcoOZI (6 E C� C O m � m O O U vy •� N � � � ,a x va p^ n 'p cu m c E L m � o t- C. - 0- a � n_ > a N N T 0 O w va Wt N m T n O O O T co 00 40 LO Cl) IT L V- C; O M d4 O O O C r- 6% M w c14 N 61+ F- 0 U H _m m o F 60 W 43 43W z m W ec e W cc2 en Ix D V m m Q fi o s 4 LU C N 0 O V Y m U `o m 3 x z a m= v O m CD x ®m W m an dC C c 3 m e! m = co053 ro S C w v V 3 U 0 v z m m v us N V U W Li. at� C) C L m m N G o % R E m o = dCD z - C N E C O •Ci m m xz_ m-6 E o mCo" E ca a Q o_ E> a CL m U 0 W U O E IL m E E z m—` a` h O O ui W x f Z Z OQ�S P zUo r. z a LU LL. wO m > C L) a o m .n u m � E c ro v ai m � � = m 00- $V.2 j ro 9m r� n ro m � ro _ � N O 7 G M E m 0.2 E" m ate' m� o o� a O 0.0 16 m U jT p m me `o�3`m $ m m o ao E� c ro 0 0 0o �c v a v U � u c o r o n N C N O a .o 'o O O m 7 E C E m aro o =�. N Q C N C �O R E y n E El Q a E mm m dc3n cU u Newport Valley Habitat Restoration, Orange County EXHIBiT D Grant Agreement Number—WC1423EH Project t© 2014929 WORK PLAN Site Preparation The habitats to be restored are dominated by invasive plants including pampas grass (Cortaderia selloana), artichoke thistle (Cynara cardunculus), sweet fennel (Foeniculum vulgare), black mustard (Brassica nigra), field mustard (Brassica rapa), shortpod mustard (Hirschfeldia incana), yellow sweet clover (Melilotus indica), dwarf nettle (Urtica urens), tocalote (Centaurea melitensis), Spanish sunflower (Pulicaria paludosa), and wild celery (Apium graveolens). Every attempt to clear all invasive plants will be made before planting. All invasive plants will be removed by the most efficient methods (i.e. "mowing" for annuals, deep root removal for perennials, etc.) and if unable to remove a plant completely, the flowers and seeds will be removed from the site or piled on site to reduce the overall spread of new seeds. Volunteers will remove invasive plants by hand or by non -mechanized tool. Herbicides are available through our partnership with the landowner and in cooperation with the California Department of Fish and Game whose staff will be available to conduct spraying as necessary. Propagation Seeds and cuttings from native plants within the project area will be collected and used to propagate plants within the Program's nursery facility for restoration. The nursery facility is located at the Back Bay Science Center within walking distance of the restoration site. Volunteers conduct native plant propagation work at Steward Days taking place each Wednesday morning throughout the year. Planting The planting seasons will take place during the traditional rainy season from November through February, with flexibility for other months depending on the availability of rain. The selected plant palette will be based on the native species observed on site prior to planting. A specific reference site will be used if available. A general palette of species prevalent in similar conditions around the Upper Newport Bay will also diversify the site. The initial planting will include indicator species and other species that will provide a native habitat baseline for the site. After this first phase of container planting, the Program can return to the site to supplement with annual species to diversify the site or plant replacement plants as needed. Irrigation will occur at installation and once per month during the summer after installation. Physical planting is completed by volunteers using 1 -gallon container plants. Plants are laid out on 4 -foot centers (or approximately 12,500 plants). In coastal sage scrub, planting will occur in small clusters to create small native plant islands that allow for space in between plants typical in coastal sage scrub. This also allows room for native seed drop and seedling growth away from the parent plants. As a result of higher survival rates and the larger plant footprint for willows and mulefat (reflective of the water resources readily available), riparian plantings will occur on larger intervals than coastal sage scrub. Plant Palette Riparian species Salix lasiolepis arroyo willow Baccharis salicifolia mulefat Newport Valley Habitat Restoration, Orange County EXHIBIT D Grant Agreement Number —WC1 423EH Project ID 2014129 Pluchea odorata marsh fleabane Juncus acutus spiny rush Frankenia salina alkali heath Coastal sage scrub species Artemisia califomica California sagebrush Eriogonum fasciculatum California buckwheat Acmispon glaber deerweed Encelia californice bush sunflower/California encelia Opuntia littoralis Coast prickly pear Sambucus mexicana Mexican elderberry Solanum douglasii Douglas' nightshade Salvia mellifera black sage Rhus integrifolia lemonadeberry Heteromeles arbutifolia toyon lsocoma menziesii coast goldenbush Baccharis emofyi Emory's baccharis Cleome isomeric bladderpod Leymus condensates giant wild rye Opuntia prolifera coast cholla Nasse/la pulchra purple needlegrass Site Maintenance Maintenance will be conducted by program volunteers. Maintenance activities include invasive plant removal, irrigation, the placement of plant cages to protect from herbivores, and additional planting if necessary. Maintenance for CBRER projects typically lasts for 3-5 years to meet success criteria. The restoration will be maintained until the following success criteria are met: 1. Maintenance of 50% native plant survival 5 years after installation. 2. Established native plant coverage of 70% or greater in Coastal Sage Scrub 5 years after project initiation. Native shrub cover between 60 and 70% at maturity. Established native plant coverage in Riparian habitat has yet to be determined. 3. No more than 10% invasive plant coverage in restoration site 5 years after project initiation. 4. Noted presence of use by wildlife throughout food web, in particular the presence of threatened or endangered species, most notably the California gnatcatcher. Performance Monitoring The monitoring program measures plant coverage (native and invasive) in square meter quadrats at regular intervals along transects placed across the restoration site. Baseline data is taken before restoration and twice each year (February and August) during the five years after the initial native plant installation. The protocols also include soil sampling to help determine the best plant palette for the site. Monitoring protocols are available upon request. Conservation measures The following measures will be implemented to minimize impacts to sensitive fauna occurring on or immediately adjacent to the subject property: Newport Valley Habitat Restoration, Orange County EXHIBIT D Grant Agreement Number —WC 1423EH Project ID 2014129 To avoid impacts to breeding birds, the following measures will be implemented during the bird breeding season (February 15 -July 15): a. Prior to commencement of enhancement activities that could disturb habitat occupied by nesting birds, a monitoring biologist will conduct pre -activity surveys to determine the location of any active bird nests. The survey should begin not more than one week prior to the beginning of project activities. Work should be restricted from within 50 feet of active nests. Locations of nests could be identified on maps and cordoned off by stakes or warning tape to identify locations where work activities are restricted. b. On the day of project activities, participants will be advised of areas to be avoided to avoid impacts to nesting birds. Participants will be shown pictures of rare and sensitive birds and possibly maps of potential nesting areas. Activities will be overseen by the Coastal Commission or California Department of Fish and Wildlife. 2. Volunteers Wit be directed to walk on single-track trails through disturbed habitat to get to the work site. Mature habitat will be avoided to minimize disturbance. As the restored habitat matures, only a few volunteers at a time are allowed on site to conduct maintenance to minimize impact in the established habitat. Newport Valley Habitat Restoration, Orange County EXHIBIT E Grant Agreement Number—WC1423EH Project ID 2014129 Management Plan The Community -Based Restoration and Education Program is the lead organization in the long-term management of the site. However, the program also maintains partnerships with local organizations and agencies to support our work including the Newport Bay Conservancy, California Department of Fish and Wildlife, Orange County Parks, and the City of Newport Beach. While the primary work site may change around Upper Newport Bay as the Newport Valley project is completed, the program relies on its strong program structure and strong partnerships to ensure long-term success for all of our sites. Active restoration of the site is expected to take five years to complete. Initial maintenance and monitoring is expected to last approximately five years in order to reach our final goals. However, as a community-based restoration program, our program volunteers develop a strong sense of ownership over their work sites and expect to stay engaged in the site for the foreseeable future. With regular events throughout the year, volunteers will be available to maintain the site as needed. A final report will be,provided including restoration and monitoring results, and photographic documentation. The following chart describes the long-term maintenance pian that will begin after the end of the 10 -year work plan. Quarterly Qualitative assessments: • Presence of native plants • Presence of invasive plants • Human disturbance (trash, vandalism) • Weather conditions Annually (August) Quantitative monitoring: • Percent coverage native plants • Percentcoverage invasive plants • Presence of wildlife • Soil conditions As needed Volunteer work events to conduct: • Replanting • invasive plant removal • Trash/vandalism removal • Education programs regarding coastal sage scrub and riparian habitats Newport Valley Habitat Restoration, Orange County Grant Agreement Number —WC 1423EH Project ID 2014129 Recording requested by, and when recorded mail to: STATE OF CALIFORNIA Department of Fish and Wildlife Wildlife Conservation Board 180713 th Street, Suite 103 Sacramento, California 95811 Project: NAME County: Space above this line for Recorder's Use Project ID: NOTICE OF UNRECORDED GRANT AGREEMENT EXHIBIT F Page 1 A Grant Agreement titled for reference purposes as NAME (Agreement No. XXXX), was entered into by and between the State of California, by and through the Wildlife Conservation Board (Board), NAME (Grantee) and NAME (Landowner). As this recording is on the behalf of the State, please note the recording of these documents is not subject to payment of fees pursuant to Section 27383 of the Government Code. The Board, Grantee and Landowner entered into said Grant Agreement (No. WC-XXXX), pursuant to which the Board granted funds to Grantee to perform certain activities on the certain real property in XXXX County owned by the Landowner, to BRIEF PROJECT DESCRIPTION, E.G., RESTORE WETLAND HABITAT. The Grant Agreement term runs from DATE, through DATE, for capital improvements and restoration activities and from DATE, through DATE, for management practices. The terms, conditions and restrictions of the Grant Agreement are binding upon and inure to the benefit of the Landowner, and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running for the project life span of the project on the subject lands as described in Exhibit "A° attached hereto and incorporated herein by this reference. For additional terms and conditions of the Grant, reference should be made to the Grant Agreement which is on file with the Wildlife Conservation Board, 1807 13t` Street, Suite 103, Sacramento, California 95811. SIGNATURE OF STATE OF CALIFORNIA, WILDLIFE CONSERVATION BOARD John P. Donnelly, Executive Director SIGNATURE OF GRANTEE (NAME) NAME, TITLE SIGNATURE OF LANDOWNER (NAME) (This is an EXAMPLE NOUGA — Do Not sign this copy) NAME, TITLE DATE DATE DATE Newport Valley Habitat Restoration, Orange County EXHIBIT F Grant Agreement Number—WC1423EH Page 2 Project t© 2014129 i LEGAL DESCRIPTION Ali that certain real property situate in the County of XXXX, State of California, described as follows: EXHIBIT B SCOPE OF SERVICES The Services to be performed by Licensee generally consist of: removing invasive weed species and restoring approximately fifteen (15) acres of native vegetation on approximately fifteen (15) acres of land commonly known as Newport Valley, and more specifically located at two City -owned parcels, APN 440-132-54 and APN 440-132-55 ("Property"). Licensee shall perform the Project generally described in the February 18, 2015 California Wildlife Conservation Board Grant Agreement between State of California, Wildlife Conservation Board and Tides Center — Marine Education Project and City of Newport Beach for Newport Valley Habitat Restoration, Orange County, California, Grant Agreement number WC-1423EH, Project ID number 2014129, and in the Newport Valley Restoration Project Work Plan agreed to by and between the City of Newport Beach, the California Coastal Commission, and the U.S. Fish and Wildlife Service, effective November 13, 2012 (collectively, the "Agreements"), which are incorporated by reference herein and attached as Exhibit A. All work shall be performed in accordance with the terms of the Agreements, and Licensee shall procure and maintain any and all required licenses, permits and certifications to conduct the work. Licensee shall have access to and use of an office space at the Back Bay Science Center, located at 600 Shellmaker Road, Newport Beach, California 92660. The purpose for the use of this this office is solely to facilitate Licensee in providing the Services and Work as described in this Agreement, and is given freely and voluntarily by City to Licensee. Licensee shall not use this office space for any purpose other than the Services or Work contemplated under this Agreement and Licensee's prohibited use thereof for any other purpose shall be grounds for termination of this Agreement by City. The Tides Center Marine Education Project Page B-1 EXHIBIT C WAIVER OF LIABILITY AND EXPRESS ASSUMPTION OF RISK FORM The Tides Center Marine Education Project Page C-1 RESTORATION PROJECT WAIVER OF LIABILITY AND EXPRESS ASSUMPTION OF RISK (PLEASE READ CAREFULLY) I agree as follows: 1. I am volunteering my services for Restoration and Education projects ("the Event") on a voluntary basis without anticipation of payment of any kind; 2. I will perform assigned tasks that are within my physical capability to the best of my ability, and I will not undertake tasks that are beyond my ability; 3. I am familiar with the safe operation and use of equipment and tools that I may utilize in connection with this volunteer activity, and I will not undertake to use any equipment or tools with which I am unfamiliar or do not know how to operate safely; 4. I acknowledge that I have received and read appropriate instruction regarding this Event, including appropriate safety and emergency procedures, and that I fully understand those instructions and that I agree, after proper inspection, to use only the supplies, tools and equipment provided by the Event organizers; 5. I will perform only those tasks assigned, observe all safety rules, and use care in the performance of my assignments; 6. 1 specifically acknowledge that I am engaging in this activity as a volunteer, at my own request and risk, and not as a State of California or Foundation employee, agent, official, officer or representative, and further acknowledge that I am not entitled to any compensation, benefit or insurance coverage from the State of California, the California Coastal Commission, the California Department of Fish and Game, the City of Newport Beach, the County of Orange Harbors Beaches and Parks, or any Event promoter or sponsor, nor will I make any such claim. I agree to allow my image to be used in published materials and Internet web sites that promote the restoration and education programs of the California Coastal Commission. I understand and agree that neither the State of California, California Coastal Commission, the California Department of Fish and Game, the City of Newport Beach, the County of Orange Harbors Beaches and Parks, nor any of their respective employees, officers, agents or assigns, (hereinafter collectively referred to as "Released Parties"), may be held liable or responsible in any way for any injury, death or other damages to me or my family, heirs, or assigns that may occur as a result of my participation in this activity, or as a result of product liability or the negligence of any party, including Released Parties, whether passive or active. I understand that working to restore coastal areas involves certain inherent risks, including but not limited to, the risks of possible injury or irritation from contact with plants, especially those with thorns, or from over-exertion or environmental conditions. Despite these risks, I still choose to proceed in such activity. I know of no physical limitation that should keep me from undertaking the activities associated with this Event. In Consideration for being allowed to participate in this activity, I hereby personally assume all risks in connection with the Event for any harm, injury or damage that may befall me as a participant, including all risks connected therewith, whether foreseen or unforeseen. I further save and hold harmless said activity and Released Parties from any claim or lawsuit for personal injury, property damage, or wrongful death, by me, my family, estate, heirs, or assigns, arising out of participation in this activity, including both claims arising during the activity and after I complete the activity. If I should become injured while participating in the Event, I authorize any physician or surgeon licensed in the State of California to perform emergency or surgical treatment as in his or her sole judgment may be necessary. I further declare that I am over the age of eighteen and legally competent to sign this liability release, or that I have acquired the written consent of my parent or guardian. I understand that the terms herein are contractual and not a mere recital, that this instrument is a legally binding, and that I have signed this document of my own free act. BY THIS INSTRUMENT I DO HEREBY EXEMPT AND RELEASE ALL "RELEASED PARTIES," AS DEFINED ABOVE, FROM ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH, HOWEVER CAUSED, INCLUDING NEGLIGENCE OF THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE. 1 HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS WAIVER OF LIABILITY AND ASSUMPTION OF RISK BY READING IT BEFORE I SIGNED IT ON BEHALF OF MYSELF AND MY HEIRS. Spelling of Participant's Name Date Phone Signature of Participant Address Optional information: How did you hear about ROOTS? If you would like to receive ROOTS news, please provide your email address: IF PARTICIPANT IS UNDER 18, THE PARENT (OR GUARDIAN, IF ANY) MUST SIGN. I am the parent or legal guardian of the above participant and he/she has my permission to participate in this restoration work event. I have read and agree to the provisions stated above. I know of no health limitations which may restrict this volunteer's participation in this activity. Spelling of Parent/Guardian's Name Date Phone Signature of Parent/Guardian Address EXHIBIT D BACK BAY SCIENCE CENTER COMPLEX OPERATING AGREEMENT The Tides Center Marine Education Project Page D-1 BACK BAY SCIENCE CENTER COMPLEX OPERATING AGREEMENT This Operating Agreement (Agreement), dated feFAuA!) .2'', ,, is made by and among the City of Newport Beach (City), the County of Orange (County), the California Department of Fish and Game (DFG), and The Regents of the University of California on behalf of the University of California at Irvine (UCI) (each a Party and, together, the Parties). RECITALS A. This is the Operating Agreement provided for in Section 7 of the Cooperative Agreement for the Back Bay Science Center (Shellmaker Island), dated August 17, 2004, among the Parties (the Cooperative Agreement). Upon approval and execution by the Parties, this Agreement shall be attached to the Cooperative Agreement as Exhibit G. Initial - capitalized terms used in this Agreement and not otherwise defined in it shall have the meaning set forth in the Cooperative Agreement. B. The Project includes certain facilities and improvements being constructed on a portion of Shellmaker Island, which the Parties refer to as the Back Bay Science Center Complex (BBSC Complex). The BBSC Complex is comprised of three new buildings containing a total of four wings (the BBSC Buildings), as well as parking areas, common areas and walkways, but excluding planted berms, interpretive pathways, and the demonstration marsh. The BBSC Complex is depicted on Exhibit A attached to this Agreement. The BBSC Complex will contain space and amenities: (i) to conduct educational and interpretive programs for students in grades K-12 as well as workshops and seminars for students and adults; (ii) for an estuarine research and resource center for students and adults with a research emphasis geared towards Grades 7-12, Cpeiating Agreement Page 2 of 95 June 7$, 2007 community college, and university -level science; (iii) for a top-level water quality testing facility to be operated and maintained by the County of Orange Health Care Agency Public Health Laboratory (County Laboratory); and (iv) for administrative offices and equipment storage for DFG staff as well as volunteers. C. Some or all of the Parties have previously entered into or approved various documents pertaining to the Project, including: (i) a Memorandum of Understanding dated as of August 2, 2002, in which the Parties and certain other interested parties agreed to work collaboratively towards the establishment of a Back Bay Science Center on Shellmaker Island; (ii) the Cooperative Agreement; (iii) the Interagency Agreement for Planning and Design Services for a Marine Studies Center at Upper Newport Bay Ecological Reserve dated as of May 1, 2002, as amended February 1, 2003, between DFG and the City; (iv) the Interagency Agreement for Construction of a Back Bay Science Center at Upper Newport Bay Ecological Reserve dated as of April 1, 2004, as amended 2/28 , 2007 between DFG and the City; and (v) a Memorandum of Understanding between DFG and UCI regarding Academic Collaboration at Shellmaker Island (DFG-UCI MOU). The Parties recognize that the County and the City are not parties to the DFG-UCI MOU, and are not bound by its obligations. D. Concurrently with this Agreement, DFG and the City have entered into the Standard Form Lease Agreement dated as of 10/31 , 2007 (City Lease), covering the approximately 4,000 square foot portion of the BBSC Buildings designated as the Water Quality Lab (Leased Premises), and the City and County have entered into the Sublease dated as of 2/2+5/08 , covering the Leased Premises (County Sublease). E. The City began construction of the BBSC Complex in March 2006 and expects to complete construction by October 2007. 2 Operating Agreement Page 3 of 15 June 18, 2007 F. The Cooperative Agreement anticipates that this Agreement will cover at least the following topics: (i) establishing a Facilities Working Group and a Programs Working Group for the BBSC Complex; (ii) defining the roles and responsibilities of the Parties for the operation, maintenance and improvement of the BBSC Complex and its programs; (iii) providing for the development, evaluation and delivery of educational and research programs, materials and exhibits; (iv) coordinating the educational efforts of the Parties; (v) managing volunteers, educators and students who are involved, or wish to become involved, in the educational or research programs of the BBSC Complex; and (vi) developing a long-term funding plan for maintenance and enhancement of the BBSC Complex. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: (1) FACILITIES MANAGER (A) The City, as part of the consideration for the City Lease, is to be the Facilities Manager for the maintenance of the BBSC Complex and is responsible to operate, maintain and repair the BBSC Complex in accordance with the City Lease and this Agreement. The City shall carry out such obligations in cooperation with the Facilities Group (as defined below). The obligations of the City as Facilities Manager shall include, at minimum, the following: (1) To propose an annual budget and plan for maintenance, repair and improvement of the BBSC Complex (Facilities Plan), for consideration of adoption by the Facilities Group; (2) To recommend updates to the Facilities Plan from time -to -time to reflect changes in conditions and operation of the BBSC Complex, for consideration of adoption by the Facilities Group; (3) To perform or cause to be performed, in accordance with the City Lease and this Agreement, maintenance, repairs and replacements reasonably necessary to preserve the BBSC Complex in good order, condition and repair, and any alterations required to comply with applicable government regulations or insurance requirements; 3 Operating Agreement Page 4 of 15 June 18, 2007 (4) With prior approval of the Facilities Group and DFG, as landowner and Lessor, to enter into contracts with contractors, tradesmen and other independent contractors to perform maintenance and repair services for the BBSC Complex (excluding the County Laboratory, in which maintenance and repairs shall be handled in accordance with the City Lease and the County Sublease), and supervise the administration and monitor the performance of all work and services to be rendered under such contracts; and (5) To collect as and when due all cost reimbursements, if any, payable by a Party or any third party for maintenance, repair or improvement of the BBSC Complex. (B) The City Manager or his/her designee shall serve as the City's project manager/coordinator of all maintenance, repair/replacement and improvement activities related to the BBSC Complex. The City Manager or his/her designee shall provide the Facilities Group with annual written reports and verbal reports at each Facilities Group meeting, regarding the status and costs of all work related to the maintenance, repair or improvement of the BBSC Complex. Any capital improvement not specifically set forth in the Facilities Plan adopted by the Facilities Group must be approved in advance by the Facilities Group. (C) The City shall establish and maintain complete and accurate books of account, records and other documentation pertaining to the maintenance, repair and improvement of the BBSC Complex, in accordance with generally accepted accounting principles and practices. The City shall retain said records throughout the term of this Agreement and for at least three years after its expiration or termination. Not less frequently than semi-annually, on a schedule to be established by the Facilities Group, the City shall furnish to the Facilities Group a statement of all receipts, disbursements, delinquencies, accounts payable and all other matters necessary to reflect the activities of the City as Facilities Manager. In addition, the City shall make said records available (or 2 Operating Agreement Page 5 of 15 June 18, 2007 cause them to be made available) to each of the Parties for inspection and audit purposes during normal business hours. (a) Nothing in this Agreement is intended as or shall be deemed to constitute authorization to the City to make any structural changes in any building which is a part of the BBSC Complex, or to incur any expense chargeable to any of the Parties, other than in accordance with the annual budget and plan for maintenance and repair of the BBSC Complex adopted by the Facilities Group, except for any emergency repairs which may be required because of danger to life or property, or for the preservation and safety of the BBSC Complex or the tenants and occupants thereof. The City shall, however, as soon as possible, notify DFG and the Facilities Group in detail concerning such emergency repairs. (E) City shall act under this Agreement as an independent contractor. Nothing contained in this Agreement shall be construed as creating a partnership, joint venture, or principal — agent, employer-employee, or other relationship between City and DFG, or between City and any of the other Parties to this Agreement. (2) FACILITIES WORKING GROUP (A) Establish ment/Composition. The Parties hereby establish the Facilities Working Group (Facilities Group). The Facilities Group is comprised of the Project Administrators designated by the respective Parties pursuant to Section 12 of the Cooperative Agreement, a copy of which set forth as Exhibit B attached to this Agreement. The Public Works Director and Building Director of City shall each be an ex -officio, non-voting/advisory, member of the Facilities Group. The City Manager shall be the Chair of the Facilities Group with the Vice Chair position rotating annually among the Parties, as determined by the Facilities Group. Decisions of the Facilities Group shall be made by consensus whenever possible. Should the Facilities Group be unable to reach consensus, the decision shall be made by DFG, as landowner and Lessor, in consultation with the City, as Facilities Manager and (to the extent the decision relates to the County Laboratory) the County. DFG shall not make any decision that will impair 6� Operating Agreement Page 6 of 15 June 18, 2007 the ability of the County to perform its water quality operations in the County Laboratory. The Facilities Group may create subcommittees as it deems necessary or appropriate. (B) Meetings. The Facilities Group shall meet no less than twice each fiscal year (July 1 --- June 30) to identify facilities needs and plan for property maintenance and repairs, as well as capital projects and improvements, if any. The meetings may be conducted by teleconference and shall be held during the months of February and August, so that decisions regarding maintenance, repair and improvement can be reflected in the annual budget of the City, as Facilities Manager and Lessee under the City Lease, and each of the other Parties to the, extent applicable. (C) Functions. The Facilities Group shall be responsible to coordinate with the City in the City's carrying out of its responsibility to maintain the BBSC Complex in good condition, order and repair, and to ensure that all improvements are functioning as intended. In performing its functions, the Facilities Group shall: • Coordinate with the Programs Group with respect to any proposal to improve the BBSC Complex so that the improvement is consistent with and satisfies the needs of those providing educational or research services and opportunities at the BBSC Complex. • Review and make recommendations to DFG and the City regarding all proposed contracts for repair, maintenance or improvement work. • Resolve any issues related to reimbursement of repair, maintenance or improvement costs. • Adopt and modify (as needed) an annual Facilities Plan, in response to proposals by the City in its capacity as Facilities Manager; (3) PROGRAMS WORKING GROUP (A) Establishment. The Parties hereby establish the Back Bay Science Center Complex Programs Working Group (Programs Group). The Programs Group is comprised of the City Manager of City; the Supervising Operating Agro'ement Page 7 of 15 June 18, 2007 Biologist of DFG, South Coast Region, the County Laboratory Director; and the Director of Campus and Environmental Planning of UCI, or their respective designees. DFG shall serve as Programs Manager for the BBSC Complex and Chair of the Programs Group, with the vice -chair position rotating annually among the Parties as the Programs Group may determine. Decisions of the Programs Group shall be made by consensus whenever possible. Should the Programs Group be unable to reach consensus, the decision shall be made by DFG as Programs Manager. DFG shall not make any decision that will impair the ability of the County to perform its water quality operations in the County Laboratory. The Programs Group may create subcommittees as it deems necessary or appropriate. (B) Meetings. The Programs Group shall meet no less than quarterly during the first two years after the Effective Date (as defined below) and as frequently thereafter as the Programs Group determines to be necessary to identify programmatic needs and plan for educational and research programs and exhibits, including budgeting, staffing and scheduling. (C) Educational Objective. The primary educational objective of the Programs Group will be to provide high quality educational programs and exhibits for all age groups at the BBSC Complex efficiently utilizing available resources and coordinating programs with other facilities and providers in the Upper Newport Bay. The Parties agree that the education emphasis of the BBSC Complex shall be towards research -based education for Grades 7-12 students and adults. The Parties acknowledge that DFG, if it so chooses, may use the Teaching Laboratory within the BBSC Complex (Teaching Lab) to provide education to any grade level in order to meet DFG's mission and goals for the Upper Newport Bay Ecological Reserve. The Parties also agree that the County Laboratory is in a unique position to provide community and adult education about water quality and water quality research. As such, the County in coordination with the Programs Group may lead seminars, workshops, and other programs utilizing the Teaching Lab and common facilities of the BBSC Complex. The Parties deem that this participation by the County meets the 7 Operating Agreement Page 8 of 15 June 18, 2007 expectations of the Parties as to the County's participation as envisioned in Section 7(c) of the Cooperative Agreement. The Parties agree that the participation of UCI in Programs at the BBSC Complex shall be in accordance with the DFG-UCI MOU. UCI is also encouraged to participate in education and research programs, including mentoring and serving as volunteers for the Teaching Lab programs, to a greater extent. The Parties deem that this participation by UCI meets the expectations of the Parties as to UCI's participation as envisioned in Section 7(e) of the Cooperative Agreement. (D) Educational Duties of the Programs Group. The Programs Group shall: • Ensure that Teaching Lab programs are compliant with State education standards for water quality, ecology, habitat restoration, andlor plant and marine life; • Assure that all potential programs and exhibits have, or have identified, sufficient funding as a condition of approval; • Annually prepare a schedule for educational programs, workshops, and seminars at the BBSC Complex, subject to the approval of the Parties; • Identify the educational needs of the community in the areas of water quality, ecology, habitat restoration, and/or plant and marine life; • Identify and communicate with each entity that provides or seeks to provide educational programs or opportunities at or near Newport Bay and/or the BBSC Complex (Providers); • Identify the resources that each Provider has available with respect to the education programs it offers or seeks to offer, including paid personnel, volunteers and educational material; • Identify and evaluate existing educational materials and curriculum that may be appropriate for incorporation into new or existing education programs at the BBSC Complex; • Work with interested parties to coordinate educational events; • Coordinate educational program -related facilities needs with the Facilities Group; 11 Operating Agreement Page 9 of 15 .lune 18, 2007 • Evaluate whether, and to what extent, the student or public education programs can or should be coordinated with research activities such as the Demonstration Marsh on Shellmaker Island; and • Coordinate with the County in its educational efforts, which may include development of an exterior interpretive panel on water quality testing, designing water quality -related curriculum, training educational personnel, assisting with higher level classes, and staffing a demonstration booth at special events at the BBSC Complex such as Earth Day. (E) Research Objective. The primary research objective of the Programs Group will be to accommodate reputable research programs that have the potential to improve knowledge about the environment of Upper Newport Bay or Southern California estuaries and waterways while ensuring that the research will not have any adverse impact on natural resources or the educational or other core programs at BBSC Complex. (F) Acknowledgment. The Parties acknowledge that the County Laboratory will carry out high level in-house research appropriate for a public health laboratory as part of its mission to advance the state of water quality testing and water quality overall. The Parties further acknowledge that the County Laboratory in-house research program does not come under the purview of the Programs Group, and that participation of the County Laboratory's facilities, staff and equipment in programs of the Programs Group is subject to the approval of the Director of the County Laboratory. (G) Research Project Applications. The Programs Group shall require prospective researchers who desire to utilize the BBSC Complex for all or a portion of a research project to submit an application, which shall be developed by the Programs Group, accompanied by a detailed description of the proposed project for review and consideration by DFG as Programs Manager and the Programs Group. Each potential research project must be "sponsored" by one or more of the Parties. The Programs Group shall approve or disapprove a research application unless (a) the research proposal involves activities subject to DFG jurisdiction, or (b) the research proposal does not involve the BBSC X Operating Agreement Page 10 of 15 June 18, 2007 Complex. If the research proposal involves activities subject to DFG jurisdiction, the role of the Programs Group shall be limited to making a recommendation to DFG to approve or disapprove the application. The Programs Group shall have no role in applications which do not involve the BBSC Complex. (H) Volunteer Management. The Cooperative Agreement anticipates that the Operating Agreement will address issues related to "the management of volunteers, educators and students who are involved, or wish to become involved, in the educational or research programs of the BBSC." The Programs Group will identify and provide for the staffing necessary to train, schedule, organize and monitor the activities of volunteers. (4) FUNDING PLAN The Cooperative Agreement commits the Parties, through the Operating Agreement, to develop a "long-term funding plan for maintenance and enhancement of the BBSC Complex, which addresses endowment(s) and other sources of long-term funding." The Programs Group shall develop, or appoint a subcommittee to develop, and consider for adoption a Long Term Funding Plan (LTFP) that addresses or incorporates at least the following: (A) Private Sources. The BBSC Complex has been funded, in part, through donations from non-governmental agencies and private parties. The Parties believe that other private sources of funding — including County residents and local, state or national organizations — may be willing to fund certain aspects of BBSC Complex development or operation. These sources, and the Party or Parties responsible for seeking funding from the sources, shall be identified in the LTFP. (B) Public Sources. The BBSC Complex has been funded, in large part, through contributions from the Parties — including tideland revenue and funds from the American Trader Oil Spill Settlement Agreement. The Parties believe that other public sources of funding — such as State or Federal water quality education grants — may be available. The LTFP shall identify possible to Operating Agreement Page 11 of 15 June 18, 2007 public sources of funding and the Party or Parties responsible for seeking funding from those public sources. (C) Fundraising Activities. The LTFP shall identify fundraising activities that the Programs Group considers appropriate and the Party or Parties who will be responsible for planning and implementing those activities. (5) APPROPRIATIONS Any provision of this Agreement which calls for an expenditure of funds by DFG is subject to the availability of appropriated funds for such purpose. (6) OTHER AGREEMENTS If any provision of the MOU or the Cooperative Agreement conflicts with this Agreement then this Agreement shall take precedence. If any provision of this Cooperative Agreement conflicts with either the City Lease or the County Sublease, then the City Lease or the County Sublease, as applicable, shall govern and control. (7) EFFECTIVE DATE, TERM This Agreement shall become effective (Effective Date) when construction of the BBSC Complex is complete, as evidenced by the issuance of a Certificate of Occupancy by the City Building Department, and shall terminate upon the expiration or termination of the City Lease. (8) AMENDMENT This Agreement may only be amended or supplemented in a writing duly executed by all of the Parties. (9) NOTICES Notices and other communications under this Agreement shall be made in writing and may be given by personal delivery, U.S. Mail or receipt -confirmed facsimile to the Parties addressed to their respective Project Administrators. 11 Operating Agreement Page 12 of 15 June 18, 2007 IN WITNESS WHEREOF, the Parties have executed this Operating Agreement effective as of the Effective Date. CITY OF NEWPORT BEACH By: Steve Rosansky, Mayor APPROVED AS TO FORM: By: Robin Clauson, City Attorney COUNTY OF ORANGE By: Chair of the Board of S pervisors APPROVED AS TO FORM: By: ��nA Deputy' County Counsel STATE OF CALIFORNIA DEPARTMENT OF FISH & GAME By: Regional Manager South Coast Region SIGNED AND CERTIFIED THAT A COPY OF g THIS DOCUMENT HAS BEEN DELIVERED TO THE HAIRMAN OF THE BOARD PER G.C. EC. 25103, 79.1 5 ATTEST- DARME J. BLOOM CLERK OF THE BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA F Operating Agreement Page 12 of 15 June 18, 2007 IN WITNESS WHEREOF, the Parties have executed this Operating Agreement effective as of the Effective Date. CITY OF NEWPORT BEACH By: Steve Rosansky, Mayor APPROVED AS TO FORM: By: Robin Clauson, City Attorney COUNTY OF ORANGE By: Chair of the Board of Supervisors APPROVED AS TO FORM: By: Deputy County Counsel STATE OF CALIFORNIA - DEPARTMENT OF Fl9k GAME By: .--- Regional Manag r South Coast Region 12 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA By: 4 Title: GL_ \.ij-- �flalltCQ«9C� $� Operating Agreement Page 13 of 15 ,lune 18, 2007 13 cc W r' ,,, OF U .. ft. to t-�''�` - ;• z/' R B Exhibit B Section 12 of the Cooperative Agreement 12. PROJECTADMINWRAT.ok?S 7 ho Pardss have each designated a TrcreLt Administrator to perform certain aetivitim under this Aigr8erma, aiul t0 eneum [hal [he Prajm;l 6 eburied out in accordance with this Agreement. 7110 Project Administrators shall be the fallowing, Newpor. Beach - H. Brudsu, City hAanager 8300 {Newport &culeuaid, Newport Beach; SCA 92668-8915 Pham --A949) 644.3000 Fax - Mg) 644-3420 •, E mall hbLugAu cit,.r rcrt- ,•ra,us DFG - Regional Manager, Snath Coast Region 4W1 Vicwridge Avenue, van Diego, GA 82123 j S Phana - (859} 467.4210 Fax - • 858) 487-4n9 E-mail craXsbraRc u.r;i.eel i County -, Manager, Facilities A.cqulsitlon and 1.1anagement 405 W. 5" Street, imam 812, Quante Ana, CA 92701 Phone -(714) SU -5115S Fax- [714) 834-7695 E-mail gC.ra3 Ea!gghca_nrn i I tJU - Rictlard {lemur;ian. Directlar Campus and Erivircnmen[al Planning - , university cf Galifcrn[a 750 UrAversiiy Tower, Irvin a, CA 82637-7475 Phone - (949)€324.70 y0 E-mail +cde�narid�2uci.rru 21 EXHIBIT E INSURANCE REQUIREMENTS 1. Provision of Insurance. Without limiting Licensee's indemnification of City, and prior to commencement of work, Licensee shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Licensee agrees to provide insurance in accordance with requirements set forth here. If Licensee uses existing coverage to comply and that coverage does not meet these requirements, Licensee agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Licensee shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Licensee shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. C. General Liability Insurance. Licensee shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. The commercial general liability insurance must include coverage for sexual abuse/molestation and corporal punishment. D. Automobile Liability Insurance. Licensee shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 The Tides Center Marine Education Project Page E-1 covering bodily injury and property damage for all activities of Licensee arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. 4. Worker's Compensation Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Licensee or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Licensee hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, excess liability and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self- insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days' notice of cancellation (except for nonpayment for which ten (10) calendar days' notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Licensee shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of The Tides Center Marine Education Project Page E-2 insurance required by giving Licensee sixty (60) calendar days advance written notice of such change. C. Enforcement of Agreement Provisions. Licensee acknowledges and agrees that any actual or alleged failure on the part of City to inform Licensee of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. E. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non -Compliance. If Licensee or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Licensee's right to proceed until proper evidence of insurance is provided. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Licensee's Insurance. Licensee shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. The Tides Center Marine Education Project Page E-3