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HomeMy WebLinkAboutC-3756 - Proposition 13 Watershed Protection Grant Program Grant Agreement - Newport Coast Watershed Program; Assessment Management and Restoration no. 04-191-558-0Yi su FOR STATE USE ONLY DGS REGISTRATION NO. aur 1 PROPOSITION 13 WATERSHED PROTECTION GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND CITY OF NEWPORT BEACH NEWPORT COAST WATERSHED PROGRAM: ASSESSMENT MANAGEMENT AND RESTORATION AGREEMENT NO. 04-191-558-34 This Grant Agreement is made between the State of California acting by and through the State Water Resources Control Board, hereafter referred to as the "SWRCB", and City of Newport Beach, a city, hereafter referred to as the "Grantee". The original Agreement approved by the SWRCB on May 13, 20051 and February 9, 20071 apd subsegUe,n,+!y amended on February 4, 2008, is hereby and subsequently amended on August 4, 2008 is hereby amended on July 7, 2009 to revise Exhibits A, B, and C and the work to be completion and term end dates. Except as noted, all other terms and conditions remain the same. WHEREAS: 1. The following provision(s) authorize the SWRCB to enter into this type of Grant Agreement: WC § 79079 (Pr 13 Watershed Protection Program) 2. The Grantee has applied for a grant and has been determined by the SWRCB to be eligible for a grant pursuant to applicable State laws and regulations; and 3. The SWRCB, pursuant to the SWRCB Resolution No. 2004-0035 approved on June 17, 2004, has authorized grant funding for the Project hereafter described. NOW, THEREFORE, it is agreed as follows: 1. The Project generally consists of completing watershed assessments (survey, hydrologic/hydraulic, biological/ecological, water quality and sedimentation), preparing specific restoration recommendations under a watershed management plan, and implementing specific stabilization and restoration projects within the Watershed Management Plan for the benefit of the Grantee. The Project Representatives during the term of this Agreement will be: State Water Resources Control Board Grantee: City of Newport Beach Name: Wanda Cross , Grant Manager Name: Dave Kiff, Project Director Address: 3737 Main Street, Suite 500 Riverside, CA 92501 Address: 3300 Newport Boulevard Newport Beach, CA 92658 Phone: 951 782-4468 Phone: 949 644-3002 Fax: 951 781-6288 Fax: (949) 644-3008 e-mail: wcross@waterboards.ca.gov e-mail: dkiff(q�,city.newport- beach. ca.us City of Newport Beach SWRCB Grz kgreement No. 04-191-55844 Page 2 of 4-918 Direct all inquiries to: State Water Resources Control Board Grantee: City of Newport Beach Section/Unit: Division of Financial Assistance Section/Unit: Attention: Pam Nichols, Program Analyst Attention: John Ka ler, Grant Contact Address: 1001 1 Street, 17 Floor Sacramento, CA 95814 Address: 3300 Newport Boulevard . Newport Beach, CA 92658 Phone: 916 341-5909 Phone: 949 644-3218 Fax: 916 341-5296 Fax: 949 644-3008 e-mail: nichols waterboards.ca. ov e-mail: ka ler cit .new ort-beach.ca.us Each party may change its Project Representative upon written notice to the other party. 2. Incorporation of Documents. This Agreement incorporates the following documents: 2.1 Exhibit A, Scope of Work; 2.2 Exhibit B, Invoicing, Budget Detail, and Reporting Provisions; 2.3 Exhibit C, SWRCB General Conditions; and 2.4 Exhibit D, Grant Program Terms and Conditions. 3. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Grantee in its application, accompanying documents, and communications filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to comply with all applicable laws, policies and regulations. 4. The term of the Agreement shall begin on September 1, 2004 and continue through project completion plus thirty-five years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY DATE daawary 31 February 28, 2009. IN WIT E T REO , he arties have executed this Agreement on the dates set forth below. By: By: �41J Gran ee Signature Barbara L. Evoy, Deputy birector SWRCB, Division of Financial Assistance ED SELICH (� Grantee Typed/Printed Name Date MAYOU 8/25/09 Title and Date CITY OF NEWPORT BEACH Reviewed by4l Office of Chief Counsel Date: q-1 _ oq City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 Page 3 of 4-918 EXHIBIT A — SCOPE OF WORK 1. Quality Assurance Project Plan and Monitoring Plan 1.1 Grantee shall prepare and maintain a Quality Assurance Project Plan (QAPP) that is consistent with the QAPP for the Surface Water Ambient Monitoring Program (SWAMP). The QAPP must be approved by the Regional Water Quality Control Board's (RWQCB) or SWRCB's Quality Assurance (QA) Officer prior to implementation of any sampling or monitoring activities. No monitoring may occur prior to QAPP approval. Any costs related to monitoring data collected prior to and not supported by the approved QAPP will not be reimbursed. 1.2 Grantee shall prepare and maintain a Monitoring Plan (MP) that describes the types of constituents to be monitored and the frequency/schedule for the monitoring activities. The MP shall be approved by the Grant Manager prior to implementation of any sampling or monitoring activities. No monitoring may occur prior to MP approval. The Grant Manager must approve any changes to the MP prior to implementation. 2. Work To Be Performed by Grantee: 2.1 Watershed Management Advisory Committee (WMAC) 2.1.1 Form the WMAC by inviting key stakeholders to serve as the primary networking hub for the watershed program. 2.1.2 Establish a meeting schedule for the WMAC along with frequent informal contacts via e-mail, mailings, and the project's webpage. 2.1.3 Establish the roles and responsibilities of the WMAC that include discussing the goals for the Newport Coast Watershed and advising the Grantee for preparing and implementing the Watershed Assessment Program (2.2), Monitoring Program (2.3) and Watershed Management Plan (WMP) (2.4). 2.2 Watershed Assessment Program 2.2.1 Collect and review previously prepared studies and land use plans for the Newport Coast watershed area. The WMAC will assist the Grantee in identifying existing watershed assessment data and identify gaps in the data. 2.2.2 Perform the following analyses and studies as determined by the WMAC. 2.2.2.1 Prepare an hydraulic analysis (using the Army Corps of Engineer's Hydrologic Engineering Center — River Analysis System [HEC -RAS]) for the entire drainage course of Buck Gully. 2.2.2.2 Prepare an hydrologic (using County of Orange approved Advance Encryption Standard [AES] software) and hydraulic analyses for Morro Creek. The hydrologic analysis will also include a groundwater study. 2.2.2.3 Provide the hydrologic and hydraulic analyses for Buck Gully, Morning Canyon, Pelican Point Creek, Pelican Point Middle Creek, Pelican Point Waterfall Creek, Los Trancos Creek, and Muddy Creek (Crystal Cove Creek). 2.2.2.4 Conduct a field visit of each canyon with Grantee staff and consultants (geotechnical engineer, geomorphologist, biologist and ecologist) to check for canyon stability and ecological health. Provide recommendations for performance of additional geotechnical or ecological studies to the WMAC. City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 / n Page 4 of X18 2.2.3 Analyze the data, findings and recommendations collected in 2.2.1 and 2.2..2'"land prepare a Watershed Assessment Report. 2.2.4 Disseminate the Watershed Assessment Report to the WMAC to discuss data, findings, and recommendations through a series of meetings. Selected studies that could have applicability for other watersheds in California may be submitted for publication to scientific, environmental or public works journals. 2.3 Water Quality, Ecological Indicators, and Flow Monitoring Program 2.3.1 Develop a monitoring program to complement the technical field studies and in support of goals of the WMP. Provide data to the Southern California Coastal Water Research Project (SCCWRP) to assist them with their research (2.3.4). 2.3.2 Monitor dry weather and stormwater flows in the coastal canyons using an appropriate methodology according to the magnitude of the flow. 2.3.3 Collect and analyze samples from the canyon streams during the dry and wet seasons per the approved Monitoring Plan and QAPP. Routine dry -weather sampling will be performed quarterly at a minimum of two (2) locations in each canyon. Conduct annual monitoring of two (2) storm events for each canyon. 2.3.4 Compare the pollutant loadings measured in each canyon under 2.3.3 against the reference watershed (Morro Canyon). Provide data to SCCWRP to assist them with their research. Pollutant concentrations will also be compared to state and federal standards for the Clean Water Act Section 303(d) streams in the project area. Using the Grantee's customized Geographic Information System (GIS) program, pollutant data shall be attributed to the channel reach and watershed area upstream from each monitoring station, until the next station or the top of the watershed. This will allow a direct connection between monitoring data and watershed attribute information, and with watershed management decision-making including, if possible, natural background loadings and identification of external sources into the canyons. 2.3.5 Analyze impacts of runoff from the canyon channels on the two (2) near shore Areas of Special Biological Significance (ASBS). Based on the analyses, provide recommendations regarding future monitoring to the RWQCB. 2.3.6 Expand the Grantee's well-developed GIS to include layers depicting Newport Coast watershed water resources and quality, soil type including erosivity and infiltration capacity, vegetation including wetlands, area and point locations of sensitive species, land cover including irrigated landscapes, and impervious surfaces. Provide training as needed to strengthen the GIS staff's technical expertise for performing analyses. 2.3.7 Prepare a watershed monitoring report and submit it to the Grant Manager 2.4 Watershed Management Plan 2.4.1 Develop a draft WMP outlining stabilization and restoration programs for each of the seven (7) canyons in the watershed (the eighth canyon, Morro, serves as the reference watershed). Each canyon program will include detailed recommendations for streambed restoration, dry - weather flow reduction and management, pollutant loadings reduction, overall ecological preservation, recreational and education opportunities, and long-term canyon maintenance guidelines. The WMP will include a description of stabilization and restoration projects such as Buck Gully and Morning Canyon to be completed/constructed. The WMP will describe methods for implementing, managing and monitoring restoration actions and how these monitoring data will be used to make subsequent management and restoration decisions. 2.4.2 Submit the WMP to the Grant Manager and WMAC for review and comment. City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 n d Page 5 of 4-918 2.4.3 Finalize the WMP incorporating comments received and submit to the Grant Manager. 2.4.4 Re-evaluate the WMP based on ongoing monitoring data and findings. The WMP may be updated based on these findings. 2.5 Buck Gully Dry -Weather Flow and Arundo Removal Management Project 2.5.1 Implement measures, such as installation of Evapotranspiration (ET) controllers and ordinances (2.9), to reduce volume of dry weather flows. 2.5.2 Perform ongoing dry -weather flow monitoring per approved MP and QAPP. 2.5.3 Detention Basin 2.5.3.1 Prepare a design concept report that includes the final design plans and recommendations including the viability of this task. 2.5.4 Develop an Arundo removal plan: 2.5.4.1 Survey the gully and mapping stands of Arundo 2.5.4.2 Evaluate the best methods for eliminating the Arundo including the use of Rodeo spraying (United States Environmental Protection Agency approved). 2.5.5 Remove the Arundo per the removal plan 2.5.6 Conduct pre- and post removal photo monitoring according to SWRCB standards. 2.6 Morning Canyon Dry -Weather Flow and Arundo Removal Management Project 2.6.1 Submit a report locating Arundo and sources of dry -weather flows. 2.6.2 Implement measures, such as installation of ET controllers and ordinances (2.9), to reduce volume of dry weather flows. 2.6.3 Perform ongoing dry -weather flow monitoring per approved MP and QAPP. 2.6.4 Detention facilities retrofit project. 2.6.4.1 Prepare a design report that included recommendations of feasible alternative sediment detention designs. 2.6.4.2 Prepare final design plans to retrofit the existing retention facilities within the Pelican Hills Golf Course. 2.6.4.3 Obtain letter to proceed. 2.6.4.4 Implement retrofit project. 2.6..4.5 Conduct pre- and post photo monitoring according to SWRCB standards. 2.6.5 Develop an Arundo removal plan 2.6.5.1 Survey the canyon and mapping stands of Arundo 2.6.5.2 Evaluate the best methods for eliminating the Arundo including the use of Rodeo spraying (United States Environmental Protection Agency approved). City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 Page 6 of 4-918 2.6.6 Remove Arundo per the removal plan 2.6.7 Conduct pre- project and post removal photo monitoring according to SWRCB standard. 2.7 Lower Buck Gully Flood Protection Design 2.7.1 Review existing data including aerial and topographic maps, GIS database, Right -of -Way (ROW) information, hydrologic and hydraulic reports, soils and geology reports, sediment transport data, biological and water quality data. 2.7.2 Perform a detailed reconnaissance of Lower Buck Gully to investigate sources of dry -weather flows (storm drains, private drains, irrigation runoff, groundwater seeps) for the purpose of reducing these flows. 2.7.3 Prepare a series of studies (as directed by the WMAC) which may include a water quality assessment, runoff reduction plan, habitat restoration planning report, constructed wetland alternatives study, recreational access and interpretation study, erosion control and floodplain management study, and a community outreach plan. The studies will be forwarded to the WMAC for review, comment and approval. 2.7.4 Investigate funding sources to perform next phase of the Lower Buck Gully program: the preparation of construction documents and implementation of measures to stabilize the natural stream morphology and balance sediment transport within this channel reach. Prior to implementing restoration measures in Lower Buck Gully, it will be necessary to remove any Arundo stands that exist in Upper Buck Gully as described in 2.5. 2.8 Watershed Interpretive Resources and Facilities 2.8.1 Prepare concept design for interpretive facilities (i.e. signage) to be constructed at locations within the Newport Coast watershed area and submit to the WMAC and Grant Manager for review and approval. 2.8.2 Prepare construction documents based on approved design concept and submit to the Grant Manager, WMAC, and jurisdictional agencies for review and approval. 2.8.3 Construct the interpretive facilities per the approved construction documents. 2.8.4 Conduct pre- and post construction photo monitoring according to SWRCB standard. 2.9 Ordinances to Protect the Environmentally Sensitive Habitat Areas and ASBSs 2.9.1 Develop ordinances for the environmentally sensitive habitat areas and ASBSs. Ordinances will be developed to restrict activities, in and around these areas. 2.9.2 Conduct public meetings to obtain public comments. 2.9.3 Revise and finalize the ordinances incorporating comments received. 2.10 Community Outreach and Training 2.10.1 Implement a program of guided field trips (for educational purposes) for the Newport Coast Watershed area through the Grantee's Community Development Department. Currently, the Grantee has a Tide Pool Exploration Program that conducts safe and educational field trips to the Newport Beach Marine Life Refuge "ASBS". The WMP would consider how to expand the current program. City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 / n! Page 7 of x-918 2.10.2 Develop a web page for the project that will include general information on the program, final reports, photo monitoring, updates to the public on ongoing activities, and the results of studies as they become available. 2.10.3 Conduct two (2) workshops to educate stakeholders on the program and to bring awareness to the "Best Management Practices" concept. Community support will be enlisted in order to restore the health of the watershed and our local marine life refuge. Speakers will be made available to assist with educational programs for watershed science and similar programs in the community. 2.10.4 Coordinate with University of California Davis on the development of the California Watershed Assessment Manual. 2.10.5 Train Grantee staff within its Planning, General Services and Public Works Departments in watershed management issues and technology to provide a core of internal experts to improve watershed planning, restoration and management. 2.11 Citizen Monitoring Program 2.11.1 Solicit the community's assistance, via the Grantee's Coastal / Bay Water Quality Committee, in developing a citizen's water sampling program. 2.11.2 Develop the citizen's monitoring program that includes a schedule of monitoring events and training materials. 2.11.3 Coordinate citizen volunteer monitoring with monitoring to be done in 2.3. 2.12 Draft and Final Project Reports 2.12.1 Prepare a draft project report that includes the results of the work listed above. The report shall include the following narrative sections: A brief introduction section including a statement of purpose, the scope of the project, and a description of the approach and techniques used during the project. A list of the items for review previously submitted as outlined in the "Table of Items for Review". Any additional information that is deemed appropriate by the Grant Manager 2.12.2 Submit copies of the draft project report to the Grant Manager for review and comment. 2.12.3 Prepare a final project report that addresses, to the extent feasible, comments made by the Grant Manager on the draft project report. Submit one (1) reproducible master and two (2) copies of the final project report to the Grant Manager for review and acceptance. City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 ✓V' 1 Page 8 of 4-918 TABLE OF ITEMS FOR REVIEW Item DESCRIPTION GRANT FUNDING DUE DATE - - Personnel Services $ 70,000 - - EXHIBIT A — SCOPE OF WORK 1.0 QUALITY ASSURANCE PROJECT PLAN and MONITORING PLAN $ 5,000 - - 1.1 Quality Assurance Project Plan - - 10/2005 1.2 Monitoring Plan - - 10/2005 2.0 WORK TO BE PERFORMED BY GRANTEE 2.1 Watershed Management Advisory Committee $ 0 - - 2.1.2 Meeting Schedule - - 11/2008 2.2 Watershed Assessment Program $225,000 - - 2.2.3 Watershed Assessment Report - - 10/2005 2.3 Water Quality, Ecological Indicators, and Flow Monitoring Program $320,000 2.3.1 Monitoring Program - - 10/2005 2.3.7 Watershed Monitoring Report - - 09/2007 2.4 Watershed Management Plan $50,000 - - 2.4.1 Draft Watershed Management Plan - - 04/2007 2.4.3 Final Watershed Management Plan - - 07/2007 2.5 Buck Gully dry -weather Flow and Arundo removal Management Plan $210,000 - - 2.5.3.1 Design Concept Report - - 12/2008 2.5.4 Arundo Removal Plan - - 12/2008 2.5.6 Photo Documentation - - 10/2008 2.6 Morning Canyon Dry -Weather Flow and Arundo Removal Management Project $100,000 - - 2.6.1 Report Locating Arundo and Dry Weather Flow Sources - - 06/2007 2.6.4.1 Final Design Plans — Detention Facilities 10/2008 2.6.4.4 Photo Documentation 4 10/2008 2.6.5 Arundo Removal Plan - - 06/2007 2.7 Lower Buck Gully Flood Protection Design $40,000 - - 2.7.3 Studies - - 10/2007 2.8 Watershed Interpretive Resources and Facilities $30,000 - - 2.8.1 Concept Design - - 02/2008 2.8.2 Construction Documents - - 10/2008 2.8.4 Photo Documentation - - 11/2008 2.9 Ordinances to Protect the Environmentally Sensitive Habitat Areas $0 - - City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 n�^ �} Page 9 of 4-918 Item DESCRIPTION GRANT FUNDING DUE DATE and ASBSs 2.9.1 Draft Ordinance(s) - - 11/2008 2.9.3 Final Ordinance(s) - - 12/2008 2.10 Community Outreach and Training $5,000 - - 2.10.2 Webpage Address - - 04/2005 2.11 Citizen Monitoring Program $0 - - 2.11.2 Citizens Monitoring Program - - 12/2008 2.12 Draft and Final Project Reports $0 2.12.2 Draft Project Report 12 /1 IN 1/1/09 2.13.3 Final Project Report _ _ a.111. 5/09 2/15/09 EXHIBIT B — INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS 5.0 STANDARD REQUIREMENTS CERTIFICATION FORM (as needed) 6.1 Progress Reports by the twentieth (20"') of the month following the end of the calendar quarter (March, June, September, and December) - - Quarterly 6.2 Expenditure/Invoice Projections - - Quarterly 6.3 Grant Summary Form - - Day 90 6.4 Natural Resource Projects Inventory project survey form - - Before final invoice EXHIBIT C — SWRCB GENERAL CONDITIONS 6 Copy of final CEQA/NEPA documentation $45,000 12/2007 22 Signed cover sheets for all permits (included above) 01/2008 EXHIBIT D — GRANT PROGRAM TERMS & CONDITIONS Project Assessment and Evaluation Plan (PAEP) - - 04/2005 Total Grant Funds: $ 1,100,000 - - EXHIBIT B — INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS 1. Invoicing 1.1 Invoices shall include the Agreement Number. The original invoice shall be submitted to the SWRCB's Program Analyst on a quarterly basis consistent with the reporting schedule in Section 6.1 of this exhibit. Three (3) copies of the invoice shall be submitted to the SWRCB's Grant Manager. The addresses for submittal are: Pam Nichols, Program Analyst Wanda Cross, Grant Manager SWRCB, Division of Financial Assistance Regional Water Quality Control Board City of Newport Beach SWRCB Grant Agreement No. 04-191-558--a4 /,ip t,, Page 10 of 4-918 1001 1 Street, 17th Floor 3737 Main Street, Suite 500 Sacramento, CA 95814 Riverside, CA 92501 1.2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Invoices received by the SWRCB that are not consistent with the approved format will be cause for an invoice to be disputed. In the event of an invoice dispute, the SWRCB's Grant Manager will notify the Grantee by initiating an "Invoice Dispute Notification" form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by the SWRCB's Grant Manager. 1.3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations, or which may require any rebates to the Federal Government, or any loss of tax-free status on state bonds, pursuant to any Federal statute or regulation. 1.4 Notwithstanding any other provision of this Agreement, the Grantee agrees that the SWRCB may retain an amount equal to ten percent (10%) of the grant amount specified in this Agreement until completion of the Project to the reasonable satisfaction of the SWRCB. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. 1.5 The invoice shall contain the following information: 1.5.1 The word "INVOICE" and a sequential invoice number should appear in a prominent location at the top of the page(s); 1.5.2 Printed name of the Grantee; 1.5.3 Business address of the Grantee, including P.O. Box, City, State, and Zip Code; 1.5.4 The date of the invoice; 1.5.5 The number of the Agreement upon which the claim is based; and 1.5.6 An itemized account of the work for which the SWRCB is being billed; 1.5.6.1 The time period covered by the invoice, i.e., the term "from" and "to"; 1.5.6.2 A brief description of the work performed; 1.5.6.3 The method of computing the amount due. On cost reimbursable agreements, invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries/wages/consultant fees must also be explained; i.e., hours or days worked times the hourly or daily rate = the total amount claimed; 1.5.6.4 The total amount due; this should be in a prominent location in the lower right-hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Grantee under the terms of this Agreement; and 1.5.7 Original signature and date (in ink) of Grantee or its authorized representative. 1.5.8 Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN F-ebFua June 30, 2009. 2. Budget Contingency Clause The maximum amount to be encumbered under this Agreement for the 2004-05 fiscal year ending June 30, 2005 shall not exceed one million, one hundred thousand dollars ($1,100,000). If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the SWRCB to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 ,, Page 11 of 918 any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Grantee to reflect the reduced amount. 3. LINE ITEM BUDGET Operating Expenses $10,000 $45,000 $55,000 Interpretive Signage Printing Mailing Electronic data software/hardware (no item over $5,000 each) Professional & Consultant Services $670,000 $20,000 $690,000 (Geologist, Biologist, Hydrologist, Engineering, Monitoring Analyst) Contract Laboratory Services Construction Expenses (contracted out) $350,000 PROP. 13 MATCH TOTAL Personnel Services (including benefits) General Overhead (10%) $70,000 $75,000 $145,000 Classification Hours Wage per Hour Assistant City Manager (Project Director) 300 $76.75 Watershed Specialist 700 $38.06 Principal Civil Engineer 600 $54.85 Administrative Assistant 200 $33.39 GIS Analyst 300 $36.07 GS Maintenance Supervisor 700 $39.20 MIS Specialist (web designer) 200 $38.80 Water Quality Manager 200 $46.48 Operating Expenses $10,000 $45,000 $55,000 Interpretive Signage Printing Mailing Electronic data software/hardware (no item over $5,000 each) Professional & Consultant Services $670,000 $20,000 $690,000 (Geologist, Biologist, Hydrologist, Engineering, Monitoring Analyst) Contract Laboratory Services Construction Expenses (contracted out) $350,000 $20,000 $370,000 General Overhead (10%) $0 $20,000 $20,000 TOTAL $1,100,000 $180,000 $1,280,000 4. Budget Line Item Flexibility 4.1 Line Item Adjustment(s). Subject to the prior review and approval of the SWRCB's Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of the Agreement total including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15%) shall require a formal Agreement amendment. 4.2 Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the SWRCB. Such adjustment may not increase or decrease the total grant amount allocated per fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The SWRCB may also propose adjustments to the budget. 5. Standard Requirement,, Certification Form. Grantee shall provide to the SWRCB's Grant Manager a Standard Requirements Certification Form (to be provided by the SWRCB) certifying that QAPP/CEQA/NEPA/PE RMIT documents have been received by the Grant Manager. Payment for activities City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 `y' Page 12 of 4-918 that require a completed QAPP or CEQA/NEPA documents, or permits, shall not be made to Grantee until the certification form is received by the SWRCB's Grant Manager. 6, Reports. 6.1 Grantee shall submit quarterly progress reports to the SWRCB's Grant Manager by the twentieth (20'h) of the month following the end of the calendar quarter (March, June, September, and December). The progress reports shall describe activities undertaken and accomplishments during the quarter, milestones achieved, and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. 6.2 Every three (3) months (quarterly) during the work performed under the Scope of Work - Exhibit A section of this Agreement, the Grantee shall develop and submit to their assigned SWRCB's Program Analyst expenditure/invoice projections to enable funding to be available for payment of invoices. 6.3 Grantee shall complete a one (1) page Grant Summary Form http://www.swrcb.ca.gov/nps/docs/consummary.doc within three (3) months of the Agreement execution. A hard copy shall be submitted to the Grant Manager and an electronic copy to the Program Analyst for SWRCB website posting. 6.4 At the completion of this project, the Grantee shall complete and submit electronically a Natural Resource Projects Inventory (NRPI) project survey form http://www. ice.ucdavis.edu/nrpi forms/default asp. A hard copy shall be submitted to the Program Analyst prior to final payment. 6.5 The Grantee agrees to expeditiously provide, during work on the Project and throughout the term of this Agreement, such reports, data, information, and certifications as may be reasonably required by the SWRCB. 7. Payment of Project Costs. The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs connected with the Project will be paid by the Grantee on a timely basis. 8. Audit Disallowances. The Grantee agrees it shall return any audit disallowances to the SWRCB. City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 /f 1 Page 13 of 4918 EXHIBIT C SWRCB GENERAL CONDITIONS 1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the SWRCB. 3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part, without the consent of the SWRCB. 4. AUDIT: Grantee agrees that the awarding department, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for a possible audit for a minimum of thirty-five (35) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any contract related to performance of the Agreement. 5. BONDING: Where contractors are used, Grantee shall not authorize construction to begin until each such contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $20,000.00. CEQA/NEPA: No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA process are received by the Grant Manager. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy Director of the SWRCB's Division of Financial.Assistance (Division). Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. 7. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for the life of the project. 8. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the project or any significant part or portion thereof during the useful life of the project without prior written approval of the SWRCB. Such approval may be conditioned as determined to be appropriate by the SWRCB, including a condition requiring repayment of all or any portion of all remaining grant project funds covered by this Agreement together with accrued interest and any penalty assessments which may be due. 10. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State to reimburse the federal government by reason of any arbitrage profits, the Grantee shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach. City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 Page 14 of 4-918 11. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director of the Division, or his or her authorized representative. The decision shall be reduced to writing and a copy thereof furnished to the Grantee and to the SWRCB's Executive Director. The decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of the Division decision to the Grantee, the Grantee mails or otherwise furnishes a written appeal of the decision to the SWRCB's Executive Director. The decision of the SWRCB's Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement. This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the SWRCB, or any official or representative thereof, on any question of law. 12. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with generally accepted accounting principles. 13. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the State of California. 14. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. 15. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers of employees or agents of the SWRCB. 16. INSPECTION: Throughout the life of the project, the SWRCB shall have the right to inspect the project area to ascertain compliance with this Agreement. 17. INSURANCE: Throughout the life of the project, the Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to the SWRCB. In the event of any damage to or destruction of the Project or any larger system of which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the larger system shall be free of all claims and liens. 18. 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, religion, color, national origin, ancestry, disability, sexual orientation, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy -disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. 19. NOTICE: The Grantee shall promptly notify the SWRCB of events or proposed changes that could affect the scope, budget, or work. performed under this Agreement. The Grantee agrees that no substantial change in City of Newport Beach SWRCB Grant Agreement o. 04-191-558-34 ,YyPage 15 of 4-918 the scope of the Project will be undertaken until written notice of the proposed change has been provided to the SWRCB, and the SWRCB has given written approval for such change. The Grantee shall notify the SWRCB at least ten (10) working days prior to any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by SWRCB's representatives. The Grantee shall promptly notify the SWRCB in writing of completion of work on the Project. The Grantee shall promptly notify the SWRCB in writing of any cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more and of any circumstance, combination of circumstances, or condition, which is expected to or does delay completion of construction for a period of ninety (90) days or more beyond the estimated date of completion of construction previously.provided. 20. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures constructed or improved as part of the project throughout the life of the project, consistent with the purposes for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities and structures; the SWRCB shall not be liable for any cost of such maintenance, management or operation. The Grantee may. be excused from operations and maintenance only upon the written approval of the Grant Manager. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. 21. PERMITS, CONTRACTING, WAIVER, REMEDIES AND DEBARMENT: The Grantee shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Any contractors, outside associates, or consultants required by the Grantee in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the SWRCB's Grant Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the SWRCB's Grant Manager. Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. The Grantee shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension". The Grantee shall not contract with any individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477) The Grantee certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or.Grantee; b. Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 22. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the provisions of State Labor Code Section 1771 regarding prevailing wages. If applicable, the Grantee shall monitor all agreements subject to reimbursement from this Agreement to assure that the prevailing wage provisions of State Labor Code Section 1771 are being met. The Grantee agrees to fulfill its responsibilities under Section 1771.8 of the Labor Code, where applicable. City of Newport Beach SWRCB Grant Agreement No. 04-191-558-34 Page 16 of 4-918 23. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. 24. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally accepted accounting principles, the Grantee agrees to: a. Establish an official file for the Project which shall adequately document all significant actions relative to the Project; b. Establish separate accounts which will adequately and accurately depict all amounts received and expended on this Project, including all grant funds received under this Agreement; c. Establish separate accounts which will adequately depict all income received which is attributable to the Project, especially including any income attributable to grant funds disbursed under this Agreement; d. Establish an accounting system which will adequately depict final total costs of the Project, including both direct and indirect costs; e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and f. If Force Account is used by the Grantee for any phase of the Project, establish an account that documents all employee hours, and associated tasks charged to the Project per employee. 25. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the SWRCB for financial support. The Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. 26. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the SWRCB is for administrative purposes only and does not relieve the Grantee of its responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent permitted by law, the Grantee agrees to indemnify, defend and hold harmless the SWRCB and the State against any loss or liability arising out of any claim or action brought against the SWRCB and/or the State from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or.alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to pay and discharge any judgment or award entered or made against the SWRCB and/or the State with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement. 27. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental environmental projects required by Regional Boards. City of Newport Beach SWRCB Grant Agreement No. 04-191-55844 - Page 17 of 4-918 28. SWRCB ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the SWRCB as a result of breach of this Agreement by the Grantee, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the SWRCB shall not preclude the SWRCB from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that the prevailing party shall be entitled to such reasonable costs and/or attorney fees as may be ordered by the court entertaining such litigation. 29. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any of this Grant Agreement time prior to completion of the Project, at the option of the SWRCB, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the SWRCB. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the SWRCB an amount equal to the amount of grant funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Grantee to the date of full repayment by the Grantee. 30. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the Project in an expeditious manner. 31. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates not to exceed those amounts paid to the State's represented employees under collective bargaining Agreements currently in effect. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the SWRCB. 32. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have full force and effect and shall not be affected thereby. 33. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions of this Project begins upon completion of construction and continues until twenty (20) years thereafter. 34. VENUE: The SWRCB and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. 35. WITHHOLDING OF GRANT DISBURSEMENTS: The SWRCB may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. City of Newport Beach SWRCB Grant Agreement No. 04-191-558-4 Page 18 of 4-918 EXHIBIT D /Y' �� Grant Program Terms & Conditions 1. This project is to develop local watershed management plans or to implement project consistent with local watershed management and regional water quality control plans, as such terms are defined in Water Code § 79078. 2. The Grantee certifies that it has adequate legal authority to manage the grant money. 3. The Grantee certifies that it is a member of local watershed group, as defined in Water Code § 79078. 4. The Grantee certifies that its project is designed to withstand substantial flooding, if a watershed improvement project. 5. Notwithstanding Exhibit A, the Grantee agrees to submit a monitoring and reporting plan that will do all of the following: a. describes baseline water quality of the water body impacted b. describes manner in which proposed watershed restoration activities are implemented c. determines effectiveness of watershed restoration activities in preventing or reducing pollution d. determines, to extent feasible, changes in pattern of flow in affected streams, including reduction of flood flows and increases in spring, summer, and fall flows that result from the implementation of the project e. determines, to the extent feasible, economic benefits resulting from changes determined pursuant to (c) or (d) above. 6. The Grantee shall inform the SWRCB with regard to necessary public agency approvals, entitlements, and permits that may be necessary to implement the project. The Grantee shall certify to the SWRCB, at the appropriate time, that it has obtained those approvals, entitlements, and permits. 7. The Grantee shall notify, in writing, adjoining landowners of its request for this grant and the scope of the project for which the grant funding is requested. Upon completion of the notification required under this section, the Grantee shall inform the SWRCB that the notification has occurred. 8. The Grantee hereby certifies that it has written permission from the landowners of the parcel on which work will occur under this Agreement. 9. Notwithstanding Exhibit A, if this project is a capital outlay project, the Grantee agrees to submit a report to the SWRCB at the completion of the project that summarizes the completed project and identifies additional steps necessary to achieve the purposes of the local watershed management plan, as such term is defined under Water Code § 79078. 10. The Grantee certifies that if a recovery plan for coho, steelhead, or other threatened or endangered aquatic species exists, this project is consistent with such a plan and, if feasible, implements actions in such a plan. • • G 315 vA--� SI'ATCs'VSEOI& DGS REGISTRATION NO. PROPOSITION 13 WATERSHED PROTECTION GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND CITY OF NEWPORT BEACH NEWPORT COAST WATERSHED PROGRAM: ASSESSMENT MANAGEMENT AND RESTORATION AGREEMENT NO. 04-191-558-23 This Grant Agreement is made between the State of California acting by and through the State Water Resources Control Board, hereafter referred to as the "SWRCB ", and City of Newport Beach, a city, hereafter referred to as the "Grantee ". The original Agreement approved by the SWRCB on May 13, 2005 is and February 9, 2007 and subsequently amended on February 4, 2008, is hereby amended on August 4, 2008 to revise Exhibits A, B, and C and the work to be completion and term end dates. Except as noted, all other terms and conditions remain the same. WHEREAS: 1. The following provision(s) authorize the SWRCB to enter into this type of Grant Agreement: WC § 79079 (Pr 13 Watershed Protection Program) 2. The Grantee has applied for a grant and has been determined by the SWRCB to be eligible for a grant pursuant to applicable State laws and regulations; and 3. The SWRCB, pursuant to the SWRCB Resolution No. 2004 -0035 approved on June 17, 2004, has authorized grant funding for the Project hereafter described. NOW, THEREFORE, it is agreed as follows: 1. The Project generally consists of completing watershed assessments (surrey, hydrologic/hydraulic, biological /ecological, water quality and sedimentation), preparing speck restoration recommendations under a watershed management plan, and implementing specific stabilization and restoration projects within the Watershed Management Plan for the benefit of the Grantee. SWRCB The Project Representatives during the term of this Agreement will be: City of Newport Beach .it Agreement No. 04-191-558-23 Page 2 of 19 State Water Resources Control Board Grantee: City of Newport Beach Name: Wanda Cross , Grant.Mana er Name: Dave Kiff, Project Director Address: 3737 Main Street, Suite 500 Riverside, CA 92501 Address: 3300 Newport Boulevard Newport Beach, CA 92658 Phone: 951 782-4468 Phone: 949 644-3002 Fax: 951 781-6288 Fax: 949 644-3008 e-mail: wcross waterboards.ca. ov e-mail: dkiff cit .new ort-beach.ca.us Direct all inquiries to: State Water Resources Control Board Grantee: City of Newport Beach Section/Unit: Division of Financial Assistance Section/Unit: Attention: Pam Nichols, Program Analyst Attention: John Ka ler, Grant Contact Address: 1001 1 Street, 17 Floor Sacramento, CA 95814 Address: 3300 Newport Boulevard Newport Beach, CA 92658 Phone: 916 341-5909 Phone: 949 644-3218 Fax: 916 341-5296 Fax: 949 644-3008 e-mail: pnichols@waterboards.ca.gov e-mail: ikapplercity.newport-beach.ca.us Each party may change its Project Representative upon written notice to the other party. 2. Incorporation of Documents. This Agreement incorporates the following documents: 2.1 Exhibit A, Scope of Work; 2.2 Exhibit B, Invoicing, Budget Detail, and Reporting Provisions; 2.3 Exhibit C, SWRCB General Conditions; and 2.4 Exhibit D, Grant Program Terms and Conditions. 3. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Grantee in its application, accompanying documents, and communications filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to comply with all applicable laws, policies and regulations. 4. The term of the Agreement shall begin on September 1, 2004 and continue through project completion plus tWeRtv_throo (23)thirty-five years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY DATE SEPTEMBER 39 �nna,�anuary 31, 2009. IN By ED SELICH Grantee Typed/Printed I'!ame MAYOR 12/29/08 Title and Date lave executed this Agreement on the dates set forth b low. i By: Barbara L. Evoy, l5eputy rector SWRCB, Division of Financial Assistance L)�Vo7 Date Reviewed A Office of Chief Counsel Date: I _W_'- City of Newport Beach �\ SWRCB •nt Agreement No. 04 -191- 558 -23 �$ _ Paoe 3 of 19 EXHIBIT A — SCOPE OF WORK 1. Quality Assurance Project Plan and Monitoring Plan 1.1 Grantee shall prepare and maintain a Quality Assurance Project Plan (QAPP) that is consistent with the QAPP for the Surface Water Ambient Monitoring Program (SWAMP). The QAPP must be approved by the Regional Water Quality Control Board's (RWQCB) or SWRCB's Quality Assurance (QA) Officer prior to implementation of any sampling or monitoring activities. No monitoring may occur prior to QAPP approval. Any costs related to monitoring data collected prior to and not supported by the approved QAPP will not be reimbursed. 1.2 Grantee shall prepare and maintain a Monitoring Plan (MP) that describes the types of constituents to be monitored and the frequency /schedule for the monitoring activities. The MP shall be approved by the Grant Manager prior to implementation of any sampling or monitoring activities. No monitoring may occur prior to MP approval. The Grant Manager must approve any changes to the MP prior to implementation. 2. Work To Be Performed by Grantee: 2.1 Watershed Management Advisory Committee (WMAC) 2.1.1 Form the WMAC by inviting key stakeholders to serve as the primary networking hub for the watershed program. 2.1.2 Establish a meeting schedule for the WMAC along with frequent informal contacts via e-mail, mailings, and the project's webpage. 2.1.3 Establish the roles and responsibilities of the WMAC that include discussing the goals for the Newport Coast Watershed and advising the Grantee for preparing and implementing the Watershed Assessment Program (2.2), Monitoring Program (2.3) and Watershed Management Plan (WIMP) (2.4). 2.2 Watershed Assessment Program 2.2.1 Collect and review previously prepared studies and land use plans for the Newport Coast watershed area. The WMAC will assist the Grantee in identifying existing watershed assessment data and identify gaps in the data. 2.2.2 Perform the following analyses and studies as determined by the WMAC. 2.2.2.1 Prepare an hydraulic analysis (using the Army Corps of Engineer's Hydrologic Engineering Center — River Analysis System [HEC -RAS]) for the entire drainage course of Buck Gully. 2.2.2.2 Prepare an hydrologic (using County of Orange approved Advance Encryption Standard [AES] software) and hydraulic analyses for Morro Creek. The hydrologic analysis will also include a groundwater study. 2.2.2.3 Provide the hydrologic and hydraulic analyses for Buck Gully, Morning Canyon, Pelican Point Creek, Pelican Point Middle Creek, Pelican Point Waterfall Creek, Los Tranoos Creek, and Muddy Creek (Crystal Cove Creek). 2.2.2.4 Conduct a field visit of each canyon with Grantee staff and consultants (geotechnical engineer, geomorphologist, biologist and ecologist) to check for canyon stability and ecological health. Provide recommendations for performance of additional geotechnical or ecological studies to the WMAC. City of Newport Beach i SWRCB Wt Agreement No. 04- 191 - 558-23 Page 4 of 19 2.2.3 Analyze the data, findings and recommendations collected in 2.2.1 and 2.2.2 and prepare a . Watershed Assessment Report. 2.2.4 Disseminate the Watershed Assessment Report to the WMAC to discuss data, findings, and recommendations through a series of meetings. Selected studies that could have applicability for other watersheds in California may be submitted for publication to scientific, environmental or public works journals. 2.3 Water Quality, Ecological Indicators, and Flow Monitoring Program 2.3.1 Develop a monitoring program to complement the technical field studies and in support of goals of the WMP. Provide data to the Southern California Coastal Water Research Project (SCCWRP) to assist them with their research (2.3.4). 2.3.2 Monitor dry weather and stormwater flows in the coastal canyons using an appropriate methodology according to the magnitude of the flow. 2.33 Collect and analyze samples from the canyon streams during the dry and wet seasons per the approved Monitoring Plan and QAPP. Routine dry- weather sampling will be performed quarterly at a minimum of two (2) locations in each canyon. Conduct annual monitoring of two (2) storm events for each canyon. 2.3.4 Compare the pollutant loadings measured in each canyon under 2.3.3 against the reference watershed (Morro Canyon). Provide data to SCCWRP to assist them with their research. Pollutant concentrations will also be compared to state and federal standards for the Clean Water Act Section 303(d) streams in the project area. Using the Grantee's customized Geographic Information System (GIS) program, pollutant data shall be attributed to the channel reach and watershed area upstream from each monitoring station, until the next station or the top of the watershed. This will allow a direct connection between monitoring data. and watershed attribute information, and with watershed management decision- making including, if possible, natural background loadings and identification of external sources into the canyons. 2.3.5 Analyze impacts of runoff from the canyon channels on the two (2) near shore Areas of Special Biological Significance (ASBS). Based on the analyses, provide recommendations regarding future monitoring to the RWQCB. 2.3.6 Expand the Grantee's well - developed GIS to include layers depicting Newport Coast watershed water resources and quality, soil type including erosivity and infiltration capacity, vegetation including wetlands, area and point locations of sensitive species, land cover including irrigated landscapes, and impervious surfaces. Provide training as needed to strengthen the GIS staffs technical expertise for performing analyses. 2.3.7 Prepare a watershed monitoring report and submit it to the Grant Manager. 2.4 Watershed Management Plan 2.4.1 Develop a draft WMP outlining stabilization and restoration programs for each of the seven (7) canyons in the watershed (the eighth canyon, Morro, serves as the reference watershed). Each canyon program will include detailed recommendations for streambed restoration, dry- weather flow reduction and management, pollutant loadings reduction, overall ecological . preservation, recreational and education opportunities, and long -term canyon maintenance guidelines. The WMP will include a description of stabilization and restoration projects such as Buck Gully and Morning Canyon to be completed /constructed. The WMP will describe methods for implementing, managing and monitoring restoration actions and how these monitoring data will be used to make subsequent management and restoration decisions. 2.4.2 Submit the WMP to the Grant Manager and WMAC for review and comment. City of Newport Beach • SWRCB*nt Agreement No. 04- 191 - 558-23 Page 6 of 19 2.6.6 Remove Arundo per the removal plan 2.6.7 Conduct pre- project and post removal photo monitoring according to SWRCB standard. 2.7 Lower Buck Gully Flood Protection Design 2.7.1 Review existing data including aerial and topographic maps, GIS database, Right- of-Way (ROW) information, hydrologic and hydraulic reports, soils and geology reports, sediment transport data, biological and water quality data. 2.7.2 Perform a detailed reconnaissance of Lower Buck Gully to investigate sources of dry- weather flows (storm drains, private drains, irrigation runoff, groundwater seeps) for the purpose of reducing these flows. 2.7.3 Prepare a series of studies (as directed by the WMAC) which may include a water quality assessment, runoff reduction plan, habitat restoration planning report, constructed wetland alternatives study, recreational access.and interpretation study, erosion control and floodplain management study, and a community outreach plan. The studies will be forwarded to the WMAC for review, comment and approval. 2.7.4 Investigate funding sources to perform next phase of the Lower Buck Gully program: the preparation of construction documents and implementation of measures to stabilize the natural stream morphology and balance sediment transport within this channel reach. Prior to implementing restoration measures in Lower Buck Gully, it will be necessary to remove any Arundo stands that exist in Upper Buck Gully as described in 2.5. 2.8 Watershed Interpretive Resources and Facilities 2.8.1 Prepare concept design for interpretive facilities (i.e. signage) to be constructed at locations within the Newport Coast watershed area and submit to the WMAC and Grant Manager for review and approval. 2.8.2 Prepare construction documents based on approved design concept and submit to the Grant Manager, WMAC, and jurisdictional agencies for review and approval. 2.8.3 Construct the interpretive facilities per the approved construction documents. 2.8.4 Conduct pre- and post construction photo monitoring according to SWRCB standard: 2.9 Ordinances to Protect the Environmentally Sensitive Habitat Areas and ASBSs 2.9.1 Develop ordinances for the environmentally sensitive habitat areas and ASBSs. Ordinances will be developed to restrict activities, in and around these areas. 2.9.2' Conduct public meetings to obtain public comments. 2.9.3 Revise and finalize the ordinances incorporating comments received. 2.10 Community Outreach and Training 2.10.1 Implement a program of guided field trips (for educational purposes) for the Newport Coast Watershed area through the Grantee's Community Development Department. Currently, the Grantee has a Tide Pool Exploration Program that conducts safe and educational field trips to the Newport Beach Marine Life Refuge "ASBS ". The WMP would consider how to expand the current program. City of Newport Beach • SWRCB *nt Agreement No. 04- 191 - 55&-23 C� Page 7 of 19 2.10.2 Develop a web page for the project that will include general information on the program, final reports, photo monitoring, updates to the public on ongoing activities, and the results of studies as they become available. 2.10.3 Conduct two (2) workshops to educate stakeholders on the program and to bring awareness to the "Best Management Practices" concept. Community support will be enlisted in order to restore the health of the watershed and our local marine life refuge. Speakers will be made available to assist with educational programs for watershed science and similar programs in the community. 2.10.4 Coordinate with University of California Davis on the development of the California Watershed Assessment Manual. 2.10.5 Train Grantee staff within its Planning, General Services and Public Works Departments in watershed management issues and technology to provide a core of internal experts to improve watershed planning, restoration and management. 2.11 Citizen Monitoring Program 2.11.1 Solicit the community's assistance, via the Grantee's Coastal/ Bay Water Quality Committee, in developing a citizen's water sampling program. 2.11.2 Develop the citizen's monitoring program that includes a schedule of monitoring events and training materials. 2.11.3, Coordinate citizen volunteer monitoring with monitoring to be done in 2.3. 2.12 Draft and Final Project Reports 2.12.1 Prepare a draft project report that includes the results of the work listed above. The report shall include the following narrative sections: A brief introduction section including a statement of purpose, the scope of the.project, and a description of the approach and techniques used during the project A list of the items for review previously submitted as outlined in the "Table of Items for Review". Any additional information that is deemed appropriate by the Grant Manager. 2.12.2 Submit copies of the draft project report to the Grant Manager for review and comment. 2.12.3 Prepare a final project report that addresses, to the extent feasible, comments made by the Grant Manager on the draft project report: Submit one (1) reproducible master and two (2) copies of the final project report to the Grant Manager for review and acceptance. City of Newport Beach 1� • SWRCB «nt Agreement No. 04191- 558-23 Page 8 of 19 TABLE OF ITEMS FOR REVIEW Item DESCRIPTION GRANT FUNDING DUE DATE -- Personnel Services $ 70,000 EXHIBIT A— SCOPE OF WORK 1.0 QUALITY ASSURANCE PROJECT PLAN and MONITORING PLAN $ 5,000 1.1 Quality Assurance Project Plan 1012005 1.2 Monitoring Plan 1012005 2.0 WORK TO BE PERFORMED BY GRANTEE 2.1 Watershed Management Advisory Committee $ 0 -- 2.1.2 Meeting Schedule 9442085 1112008 2.2 Watershed Assessment Program $225,000 -- 2.2.3 Watershed Assessment Report 1012005 2.3 Water Quality, Ecological Indicators, and Flow Monitoring Program $320,000 2.3.1 Monitoring Program 10/2005 2.3.7 Watershed Monitoring Report 09/2007 2.4 Watershed Management Plan $50,000 2.4.1 Draft Watershed Management Plan 04/2007 2.4.3 Final Watershed Management Plan - - 07/2007 2.5 Buck Gully dry- weather Flow and Arundo removal Management Plan $210,000 2.5.3.1 Re�rt Design Concept Report 9712907 1212008 2.5.4 Arundo Removal Plan -- 9712997 1212008 2.5.6 Photo Documentation 42(2097 1012008 2.6 Morning Canyon Dry- Weather Flow and Arundo Removal Management Project $100,000 2.6.1 Report Locating Arundo and Dry Weather Flow Sources -- 06/2007 2.6.4.1 Final Design Plans — Detention Facilities 07129A7 1012008 2.6.4.4 Photo Documentation 1212807 1012008 2.6.5 Arundo Removal Plan 0612007 2.7 Lower Buck Gully Flood Protection Design $40,000 2.7.3 Studies 1012007 2.8 Watershed Interpretive Resources and Facilities $30,000 -- City of Newport Beach • SWRCB4knt Agreement No. 04191- 558-23 Page 9 of 19 Item DESCRIPTION GRANT FUNDING DUE DATE 2.8.1 Concept Design 079007 0212008 2.8.2 Construction Documents - 4:112007 1012008 2.8.4 Photo Documentation 01 Qaa g 1112008 2.9 Ordinances to Protect the Environmentally Sensitive Habitat Areas and ASBSs $0 - 2.9.1 DraftOrdinance(s) -- 94290.7 11/2008 2.9.3 FinalOrdinance(s) 12/2008 2.10 Community Outreach and Training $5,000 2.10.2 Webpage Address 04/2005 2.11 Citizen Monitoring Program $0 2.11.2 Citizens Monitoring Program 989087 1212008 2.12 Draft and Final Project Reports $0 2.12.2 Draft Project Report - 9F1J300>i 1211109 2.13.3 Final Project Report - 994098 1115109 EXHIBIT B — INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS 5.0 STANDARD REQUIREMENTS CERTIFICATION FORM (as needed) 6.1 Progress Reports by the twentieth (20) of the month following the end of the calendar quarter (March, June, September, and December) . - Quarterly 6.2 Expenditure/invoice Projections - Quarterly 6.3 Grant Summary Form Day 90 6.4 Natural Resource Projects Inventory project survey form Before final invoice EXHIBIT C — SWRCB GENERAL CONDITIONS 6 Copy of final CEQAINEPA documentation $45,000 1212007 22 Signed cover sheets for all permits (included above) 01/2008 EXHIBIT D — GRANT PROGRAM TERMS & CONDITIONS Project Assessment and Evaluation Plan (PAEP) - 04/2005 Total Grant Funds: $ 1,100, 000 City of Newport Beac • SWRCIij�nt Agreement No. 04- 191 - 558 23 Page 10 of 19 EXHIBIT B — INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS 1. Invoicing 1.1 Invoices shall include the Agreement Number. The original invoice shall be submitted to the SWRCB's Program Analyst on a quarterly basis consistent with the reporting schedule in Section 6.1 of this exhibit. Three (3) copies of the invoice shall be submitted to the SWRCB's Grant Manager. The addresses for submittal are: Pam Nichols, Program Analyst SWRCB, Division of Financial Assistance 1001 1 Street, 17"' Floor Sacramento, CA 95814 Wanda Cross, Grant Manager Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 1.2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Invoices received by the SWRCB that are not consistent with the approved format will be cause for an invoice to be disputed. In the event of an invoice dispute, the SWRCB's Grant Manager will notify the Grantee by initiating an "Invoice Dispute Notification" form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by the SWRCB's Grant Manager. 1.3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations, or which may require any rebates to the Federal Government, or any loss of tax -free status on state bonds, pursuant to any Federal statute or regulation. 1.4 'Notwithstanding any other provision of this Agreement, the Grantee agrees that the SWRCB may retain an amount equal to ten percent (10 %) of the grant amount specified in this Agreement until completion of the Project to the reasonable satisfaction of the SWRCB. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. 1.5 The invoice shall contain the following information: 1.5.1 The word "INVOICE" and a sequential invoice number should appear in a prominent location at the top of the page(s); 1.5.2 Printed name of the Grantee; 1.5.3 Business address of the Grantee, including P.O. Box, City, State, and Zip Code; 1.5.4 The date of the invoice; 1.5.5 The number of the Agreement upon which the claim is based; and 1.5.6 An itemized account of the work for which. the SWRCB is being billed; 1.5.6.1 The time period covered by the invoice, i.e., the term "from" and "to "; 1.5.6.2 A brief description of the work performed; 1.5.6.3 The method of computing the amount due. On cost reimbursable agreements, invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries /wages/consultant fees must also be explained; i.e., hours or days worked times the hourly or daily rate =.the total amount claimed; 1.5.6.4 The total amount due; this should be in a prominent location in the lower right -hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Grantee under the terms of this Agreement; and 1.5.7 Original signature and date (in ink) of Grantee or its authorized representative. City of Newport Beach . SWRCB grit Agreement No. 04- 191 - 558-23 Page 11 of 19 1.5.8 Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN AI0VCMRr.R onnQFebruaN 28. 2009. 2. Budget Contingency Clause The maximum amount to be encumbered under this Agreement for the 2004 -05 fiscal year ending June 30, 2005 shall not exceed one million, one hundred thousand dollars ($1,100,000). If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the SWRCB to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Grantee to reflect the reduced amount. 3. LINE ITEM BUDGET PROP. 13 MATCH TOTAL Personnel Services (including benefits) $670,000 $70,000 Classification Hours Wage per Hour Assistant City Manager (Project Director) 300 $76.75 Watershed Specialist 700 $38.06 Principal Civil Engineer 600 $54.85 Administrative Assistant 200 $33.39 GIS Analyst 300 $36.07 GS Maintenance Supervisor 700 $39.20 MIS Specialist (web designer) 200 $38.80 Water Quality Manager 200 $46.48 Operating Expenses $10,000 Interpretive Signage Printing Mailing Electronic data software/hardware (no item over $5,000 each) $75,000 $45,000 $145,000 $55,000 Professional & Consultant Services $670,000 $20,000 $690,000 (Geologist, Biologist, Hydrologist, Engineering, Monitoring Analyst) Contract Laboratory Services Construction Expenses (contracted out) $350,000 $20,000. $370,000 General Overhead (10 %) $0 $20,000 $20,000 TOTAL $1,100,000 $180,000 $1,280,000 4. Budget Line Item Flexibility 4.1 Line Item Adjustment(s). Subject to the prior review and approval of the SWRCB's Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15 %) of the Agreement total including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15 %) shall require a formal Agreement amendment. City of Newport Beach i SWRCB &t Agreement No. 04- 1 9 1 5 58 -2 3 Paae 12 of 19 4.2 Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the SWRCB. Such adjustment may not increase or decrease the total grant amount allocated per fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The SWRCB may also propose adjustments to the budget. 5. Standard Requirements Certification Form. Grantee shall provide to the SWRCB's Grant Manager a Standard Requirements Certification Form (to be provided by the SWRCB) certifying that QAPP /CEQA/NEPA/PERMIT documents have been received by the Grant Manager. Payment for activities that require a completed QAPP or CEQA/NEPA documents, or permits, shall not be made to Grantee until the certification form is received by the SWRCB's Grant Manager. 6. Reports. 6.1 Grantee shall submit quarterly progress reports to the SWRCB's Grant Manager by the twentieth (2e) of the month following the end of the calendar quarter (March, June, September, and December). The progress reports shall describe activities undertaken and accomplishments during the quarter, milestones achieved, and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. 6.2 Every three (3) months (quarterly) during the work performed under the Scope of Work - Exhibit A section of this Agreement, the Grantee shall develop and submit to their assigned SWRCB's Program Analyst expenditure/invoioe projections to enable funding to be available for payment of invoices. 6.3 Grantee shall complete a one (1) page Grant Summary Form httr)://www.swrcb.ca.gov/npsidocs/consummarv.OQC_within three (3) months of the Agreement execution. A hard copy shall be submitted to the Grant Manager and an electronic copy to the Program Analyst for SWRCB website posting. 6.4 At the completion of this project, the Grantee shall complete and submit electronically a Natural Resource Projects Inventory (NRPI) project survey form http7 / /www.ice.ucdavis.edu /nrpi forms/default.aso. A hard copy shall be submitted to the Program Analyst prior to final payment. 6.5 The Grantee agrees to expeditiously provide, during work on the Project and throughout the term of this Agreement, such reports, data, information, and certifications as may be reasonably required by the SWRCB. 7. Payment of Project Costs. The. Grantee agrees that it will provide for payment of its full share of Project costs and that all costs connected with the Project will be paid by the Grantee on a timely basis. 8. Audit Disallowances. The Grantee agrees it shall return any audit disallowances to the SWRCB. City of Newport Beach SWRCB &t Agreement No. 04- 191 - 55843 Page 13 of 19 EXHIBIT C SWRCB GENERAL CONDITIONS 1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the .SWRCB. 3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part, without the consent of the SWRCB. 4. AUDIT: Grantee agrees that the awarding department, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for a possible audit for a minimum of McRt y' thirty -five (35) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any contract related to performance of the Agreement. 5. BONDING: Where contractors are used, Grantee shall not authorize construction to begin until each such contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100 %) of contract value; labor and materials (100 %) of contract value. This requirement shall not apply to any contract for less than $20,000.00. 6. CEQA/NEPA: No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA process are received by the Grant Manager. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy Director of the SWRCB's Division of Financial Assistance (Division). Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. 7. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for the life of the project. 8. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 9. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the project or any significant part or portion thereof during the useful life of the project without prior. written approval of the SWRCB. Such approval may be conditioned as determined to be appropriate by the SWRCB, including a condition requiring repayment of all or any portion of all remaining grant project funds covered by this Agreement together with accrued interest and any penalty assessments which may be due. 10. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State to reimburse the federal government by reason of any arbitrage profits, the Grantee shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach. City of Newport Beach . SWRCB•nt Agreement No. 04 -191- 558-23 Page 14 of 19 11. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director of the Division, or his or her authorized representative. The decision shall be reduced to writing and a copy thereof furnished to the Grantee and to the SWRCB's Executive Director. The decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of the Division decision to the Grantee, the Grantee mails or otherwise furnishes a written appeal of the decision to the SWRCB's Executive Director. The decision of the SWRCB's Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the SWRCB, or any official or representative thereof, on any question of law. 12. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with generally accepted accounting principles. 13. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the State of California. 45:14. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. 46-15. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers of employees or agents of the SWRCB. 47-16. INSPECTION: Throughout the life of the project, the SWRCB shall have the right to inspect the project area to ascertain compliance with this Agreement. 48-17. INSURANCE: Throughout the life of the project, the Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to the SWRCB. In the event of any damage to or destruction of the Project or any larger system of which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or, replacement so that the same shall be completed and the larger system shall be free of all claims and liens. 49-18. 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 City of Newport Beach SWRCB*nt Agreement No. 04 -191- 558-23 Page 15 of 19 employment because of sex, race, religion, color, national origin, ancestry, disability, sexual orientation, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy - disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. 28-19. NOTICE: The Grantee shall promptly notify the SWRCB of events or proposed changes that could affect the scope, budget, or work performed under this Agreement. The Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the SWRCB, and the SWRCB has given written approval for such change. The Grantee shall notify the SWRCB at least ten (10) working days prior to any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by SWRCB's representatives. The Grantee shall promptly notify the SWRCB in writing of completion of work on the Project. The Grantee shall promptly notify the SWRCB in writing of any cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more and of any circumstance, combination of circumstances, or condition, which is expected to or does delay completion of construction for a period of ninety (90) days or more beyond the estimated date of completion of construction previously provided. 2L20. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures constructed or improved as part of the project throughout the life of the project, consistent with the purposes for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities and structures; the SWRCB shall not be liable for any cost of such maintenance, management or operation. The Grantee may be-excused from operations and maintenance only upon the written approval of the Grant Manager. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. 22.21. PERMITS, CONTRACTING, WAIVER, REMEDIES AND DEBARMENT: The Grantee shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawfu4 prosecution of the work. Any contractors, outside associates, or consultants required by the Grantee in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the SWRCB's Grant Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the SWRCB's Grant Manager. Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. The Grantee shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension ". The Grantee shall not contract with any individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477) The Grantee certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or Grantee; b. Have not within a three -year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and City of Newport Beach • SWRCBWt Agreement No. 04- 191 - 558-23 Page 16 of 19 d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 23-22. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the provisions of State Labor Code Section 1771 regarding prevailing wages. If applicable, the Grantee shall monitor all agreements subject to reimbursement from this Agreement to assure that the prevailing wage provisions of State Labor Code Section 1771 are being met. The Grantee agrees to full its responsibilities under Section 1771.8 of the Labor Code, where applicable. 24-23. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. 24-24. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally accepted accounting principles, the Grantee agrees to: a. Establish an official file for the Project which shall adequately document all significant actions relative to the Project; b. Establish separate accounts which will adequately and accurately depict all amounts received and expended on this Project, including all grant funds received under this Agreement; c. Establish separate accounts which will adequately depict all income received which is attributable to the Project, especially including any income attributable to grant funds disbursed under this Agreement; d. Establish an accounting system which will adequately depict final total costs of the Project, including both direct and indirect costs; e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and f. If Force Account is used by the Grantee for any phase of the Project, establish an account that documents all employee hours, and associated tasks charged to the Project per employee. 26-25. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the SWRCB for financial support. The Grantee shall not utilize the materials for any profit- making venture or sell or grant rights to a third party who intends to do so. 2-26. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the SWRCB is for administrative purposes only and does not relieve the Grantee of its responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent permitted by law, the Grantee agrees to indemnify, defend and hold harmless the SWRCB and the State against any loss or liability arising out of any claim or action brought against the SWRCB and /or the State from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any City of Newport Beach SWRCBlnt Agreement No. 04- 191 - 558 -23 �s Page 17 of 19 disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to pay and discharge any judgment or award entered or made against the SWRCB and/or the State with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement. 2-8-.27. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental environmental projects required by Regional Boards. 2&28. SWRCB ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the SWRCB as a result of breach of this Agreement by the Grantee, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the SWRCB shall not preclude the SWRCB from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that the prevailing party shall be entitled to such reasonable costs and /or attorney fees as may be ordered by the court entertaining such litigation. 30-29. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any of this Grant Agreement time prior to completion of the Project, at the option of the SWRCB, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the SWRCB. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the SWRCB an amount equal to the amount of grant funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Grantee to the date of full repayment by the Grantee. 31-30. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the Project in an expeditious manner. 331. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates not to exceed those amounts paid to the State's represented employees under collective bargaining Agreements currently in effect. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the SWRCB. 33:32. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have full force and effect and shall not be affected thereby. 34-33. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions of this Project begins upon completion of construction and continues until twenty (20) years thereafter. 35-34. VENUE: The SWRCB and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. 36-35. WITHHOLDING OF GRANT DISBURSEMENTS: The SWRCB may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee falls to maintain reasonable progress toward completion of the Project. City of Newport Beach • SWRCBlnt Agreement No. 04- 191 -558-43 Page 18 of 19 EXHIBIT D - Grant Program Terms & Conditions 1. This project is to develop local watershed management plans or to implement project consistent with local watershed management and regional water quality control plans, as such terms are defined in Water Code § 79078. 2. The Grantee certifies that it has adequate legal authority to manage the grant money. 3. The Grantee certifies that it is a member of local watershed group, as defined in Water Code § 79078. 4. The Grantee certifies that its project is designed to withstand substantial flooding, if a watershed improvement project. 5. Notwithstanding Exhibit A, the Grantee agrees to submit a monitoring and reporting plan that will do all of the following: a, describes baseline water quality of the water body impacted b, describes manner in which proposed watershed restoration activities are implemented c. determines effectiveness of watershed restoration activities in preventing or reducing pollution d, determines, to extent feasible, changes in pattern of flow in affected streams, including reduction of flood flows and increases in spring, summer, and fall flows that result from the implementation of the project e. determines, to the extent feasible, economic benefits resulting from changes determined pursuant to (c) or(d)above. 6. The Grantee shall inform the SWRCB with regard to necessary public agency approvals, entitlements, and permits that may be necessary to implement the project. The Grantee shall certify to the SWRCB, at the appropriate tithe, that it has obtained those approvals, entitlements, and permits. 7. The Grantee shall notify, in writing, adjoining landowners of its request for this grant and the scope of the project for which the grant funding is requested. Upon completion of the notification required under this section, the Grantee shall inform the SWRCB that the notification has occurred. 8. The Grantee hereby certifies that it has written permission from the landowners of the parcel on which work will occur under this Agreement. 9. Notwithstanding Exhibit A, if this project is a capital outlay project, the Grantee agrees to submit a report to the SWRCB at the completion of the project that summarizes the completed project and identifies additional steps necessary to achieve the purposes of the local watershed management plan, as such term is defined under Water Code § 79078. 10. The Grantee certifies that if a recovery plan for coho, steelhead, or other threatened or endangered aquatic species exists, this project is consistent with such a plan and, if feasible, implements actions in such a plan. ItEcENED JAN 41 la sio soTnN FT!4A 4 rIS AS CE 0 37C(v FOR STATE USEANLY S REGISTRATION NO. 39 o0501511r1u"la PROPOSITION 13 WATERSHED PROTECTION GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND CITY OF NEWPORT BEACH NEWPORT COAST WATERSHED PROGRAM: ASSESSMENT MANAGEMENT AND RESTORATION AGREEMENT NO. 04- 191 - 55842 This Grant Agreement is made between the State of California acting by and through the State Water Resources Control Board, hereafter referred to as the "SWRCB ", and City of Newport Beach, a city, hereafter referred to as the "Grantee". The original Agreement approved by the SWRCB on May 13, 2005 is hereby amended on February 9, 2007 and subsequently amended on February 4, 2008 to revise Exhibits A, B, and C and the work to be completion and term end dates (deletions shown as stricken and revisions in bold and underline). Except as noted herein all other terms and conditions remain the same. WHEREAS: 1. The following provision(s) authorize the SWRCB to enter into this type of Grant Agreement: WC § 79079 (Pr 13 Watershed Protection Program) 2. The Grantee has applied for a grant and has been determined by the SWRCB to be eligible for a grant pursuant to applicable State laws and regulations; and 3. The SWRCB, pursuant to the SWRCB Resolution No. 2004 -0035 approved on June 17, 2004, has authorized grant funding for the Project hereafter described. NOW, THEREFORE, it is agreed as follows: 1. The Project generally consists of completing watershed assessments (survey, hydrologic/hydraulic. biological /ecological, water quality and sedimentation), preparing specific restoration recommendations under a watershed management plan, and implementing specific stabilization and restoration projects within the Watershed Management Plan for the benefit of the Grantee. The Project Representatives during the term of this Agreement will be: State Water Resources Control Board Grantee: City of Newport Beach Name: Wanda Cross, Grant Manager Name: Dave Kiff, Project Director Address: 3737 Main Street, Suite 500 Riverside, CA 92501 Address: 3300 Newport Boulevard Newport Beach, CA 92658 Phone: 951 7824468 Phone: 949 644 -3002 Fax: 951 781 -6288 Fax: 949 644 -3008 e -mail: wcross@waterboards,ca.gov e-mail: dkiff@city.newport-beach.ca.us Direct all inquiries to: State Water Resources Control Board Grantee: City of Newport Beach Section /Unit: Division of Financial Assistance Section /Unit: Attention: Pam Nichols, Program Anal st Attention: John Kappler, Grant Contact City of Newport Beach � SWRCB Gia�ltAgreement No. 04-191-558-42 0 Page 2 of 18 Address: 1001 1 Street, 17 Floor Sacramento, CA 95814 Address: 3300 Newport Boulevard Newport Beach, CA 92658 Phone: 916 341-5909 Phone: 949 644-3218 Fax: 916 341-5296 Fax: 949 644-3008 e-mail: pnichols@waterboards.ca.gov e-mail: ikapplercity.newport-beach.ca.us Each party may change its Project Representative upon written notice to the other party. 2. Incorporation of Documents. This Agreement incorporates the following documents: 2.1 Exhibit A, Scope of Work; 2.2 Exhibit B, Invoicing, Budget Detail, and Reporting Provisions; 2.3 Exhibit C, SWRCB General Conditions; and 2.4 Exhibit D, Grant Program Terms and Conditions. 3. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Grantee in its application, accompanying documents, and communications filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to comply with all applicable laws, policies and regulations. 4. The term of the Agreement shall begin on September 1, 2004 and continue through project completion plus twenty-three (23) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY DATE MARCH 31 SEPTEMBER 30, 2008. IN WI VE S T rties have executed this Agreement on the dates set forth below. 7 BY 17_ By: ra tee Sign'alW Barbara L. Evoy, Deputy hector SWRCB, Division of Financial Assistance ED SF.T.TCH Grantee Typed/Printed Name Date MAYOR, CITY OF NEWPORT BEACH Reviewed b4 Office of Chief Counsel Title and Date 4/30/08 Date:5-(o_ ®g • City of Newport Beach SWRCB G11t Agreement No. 04- 191 - 55842 Page 3 of 18 No EXHIBIT A — SCOPE OF WORK 1. Quality Assurance Project Plan and Monitoring Plan 1.1 Grantee shall prepare and maintain a Quality Assurance Project Plan (QAPP) that is consistent with the QAPP for the Surface Water Ambient Monitoring Program (SWAMP). The QAPP must be approved by the Regional Water Quality Control Board's (RWQCB) or SWRCB's Quality Assurance (QA) Officer prior to implementation of any sampling or monitoring activities. No monitoring may occur prior to QAPP approval. Any costs related to monitoring data collected prior to and not supported by the approved QAPP will not be reimbursed. 1.2 Grantee shall prepare and maintain a Monitoring Plan (MP) that describes the types of constituents to be monitored and the frequency /schedule for the monitoring activities. The MP shall be approved by the Grant Manager prior to implementation of any sampling or monitoring activities. No monitoring may occur prior to MP approval. The Grant Manager must approve any changes to the MP prior to implementation. 2. Work To Be Performed by Grantee: 2.1 Watershed Management Advisory Committee (WMAC) 2.1.1 Form the WMAC by inviting key stakeholders to serve as the primary networking hub for the watershed program. 2.1.2 Establish a meeting schedule for the WMAC along with frequent informal contacts via e-mail, mailings, and the project's webpage. 2.13 Establish the roles and responsibilities of the WMAC that include discussing the goals for the Newport Coast Watershed and advising the Grantee for preparing and implementing the Watershed Assessment Program (2.2), Monitoring Program (2.3) and Watershed Management Plan (WMP) (2.4). 2.2 Watershed Assessment Program 2.2.1 Collect and review previously prepared studies and land use plans for the Newport Coast watershed area. The WMAC will assist the Grantee in identifying existing watershed assessment data and identify gaps in the data. 2.2.2 Perform the following analyses and studies as determined by the WMAC. 2.2.2.1 Prepare an hydraulic analysis (using the Army Corps of Engineer's Hydrologic Engineering Center — River Analysis System [HEC -RAS]) for the entire drainage course of Buck Gully. 2.2.2.2 Prepare an hydrologic (using County of Orange approved Advance Encryption Standard [AES] software) and hydraulic analyses for Morro Creek. The hydrologic analysis will also include a groundwater study. 2.2.2.3 Provide the hydrologic and hydraulic analyses for Buck Gully, Morning Canyon, Pelican Point Creek, Pelican Point Middle Creek, Pelican Point Waterfall Creek, Los Trancos Creek, and Muddy Creek (Crystal Cove Creek). 2.2.2.4 Conduct a field visit of each canyon with Grantee staff and consultants (geotechnical engineer, geomorphologist, biologist and ecologist) to check for canyon stability and ecological health. Provide recommendations for performance of additional geotechnical or ecological studies to the WMAC. • City of Newport Beach SWRCB At Agreement No. 04- 191 - 55842 ��{� Page 4 of 18 1 �' 2.2.3 Analyze the data, findings and recommendations collected in 2.2.1 and 2.2.2 and prepare a Watershed Assessment Report. 2.2.4 Disseminate the Watershed Assessment Report to the WMAC to discuss data, findings, and recommendations through a series of meetings. Selected studies that could have applicability for other watersheds in California may be submitted for publication to scientific, environmental or public works journals. 2.3 Water Quality, Ecological Indicators, and Flow Monitoring Program 2.3.1 Develop a monitoring program to complement the technical field studies and in support of goals of the WMP. Provide data to the Southern California Coastal Water Research Project (SCCWRP) to assist them with their research (2.3.4). 2.3.2 Monitor dry weather and stormwater flows in the coastal canyons using an appropriate methodology according to the magnitude of the flow. 2.3.3 Collect and analyze samples from the canyon streams during the dry and wet seasons per the approved Monitoring Plan and QAPP. Routine dry- weather sampling will be performed quarterly at a minimum of two (2) locations in each canyon. Conduct annual monitoring of two (2) storm events for each canyon. 2.3.4 Compare the pollutant loadings measured in each canyon under 2.3.3 against the reference watershed (Morro Canyon). Provide data to SCCWRP to assist them with their research. Pollutant concentrations will also be compared to state and federal standards for the Clean Water Act Section 303(d) streams in the project area. Using the Grantee's customized Geographic Information System (GIS) program, pollutant data shall be attributed to the channel reach and watershed area upstream from each monitoring station, until the next station or the top of the watershed. This will allow a direct connection between monitoring data and watershed attribute information, and with watershed management decision - making including, if possible, natural background loadings and identification of external sources into the canyons. 2.3.5 Analyze impacts of runoff from the canyon channels on the two (2) near shore Areas of Special Biological Significance (ASBS). Based on the analyses, provide recommendations regarding future monitoring to the RWQCB. 2.3.6 Expand the Grantee's well- developed GIS to include layers depicting Newport Coast watershed water resources and quality, soil type including erosivity and infiltration capacity, vegetation including wetlands, area and point locations of sensitive species, land cover including irrigated landscapes, and impervious surfaces. Provide training as needed to strengthen the GIS staffs technical expertise for performing analyses. 2.3.7 Prepare a watershed monitoring report and submit it to the Grant Manager. 2.4 Watershed Management Plan 2.4.1 Develop a draft WMP outlining stabilization and restoration programs for each of the seven (7) canyons in the watershed (the eighth canyon, Morro, serves as the reference watershed). Each canyon program will include detailed recommendations for streambed restoration, dry- weather flow reduction and management, pollutant loadings reduction, overall ecological preservation, recreational and education opportunities, and long -term canyon maintenance guidelines. The WMP will include a description of stabilization and restoration projects such as Buck Gully and Morning Canyon to be completed /constructed. The WMP will describe methods for implementing, managing and monitoring restoration actions and how these monitoring data will be used to make subsequent management and restoration decisions. 2.4.2 Submit the WMP to the Grant Manager and WMAC for review and comment. . City of Newport Beach SWRCB A Agreement No. 04- 191 - 55842 ,M Page 5 of 18 �ral 1 2.4.3 Finalize the WMP incorporating comments received and submit to the Grant Manager. 2.4.4 Re- evaluate the WMP based on ongoing monitoring data and findings. The WMP may be updated based on these findings. 2.5 Buck Gully Dry- Weather Flow and Arundo Removal Management Project 2.5.1 Implement measures, such as installation of Evapotranspiration (ET) controllers and ordinances (2.9), to reduce volume of dry weather flows. 2.5.2 Perform ongoing dry- weather flow monitoring per approved MP and QAPP. 2.5.3 Detention Basin 2.5.3.1 Prepare final design plans 2.5.4 Develop an Arundo removal plan: 2.5.4.1 Survey the gully and mapping stands of Arundo 2.5.4.2 Evaluate the best methods for eliminating the Arundo including the use of Rodeo spraying (United States Environmental Protection Agency approved). 2.5.5 Remove the Arundo per the removal plan 2.5.6 Conduct pre- and post removal photo monitoring according to SWRCB standards. 2.6 Morning Canyon Dry- Weather Flow and Arundo Removal Management Project 2.6.1 Submit a report locating Arundo and sources of dry- weather flows. 2.6.2 Implement measures, such as installation of ET controllers and ordinances (2.9), to reduce volume of dry weather flows. 2.6.3 Perform ongoing dry- weather flow monitoring per approved MP and QAPP. 2.6.4 Detention facilities retrofit project. 2b412.6.4.2 Prepare final design plans to retrofit the existing retention facilities within the Pelican Hills Golf Course. 2,6.4,22.6.4.3 Obtain letter to proceed 24A-.32.6.4.4 Implement retrofit project. 2- :6:442.6.4.5 Conduct pre- and post photo monitoring according to SWRCB standards. 2.6.5 Develop an Arundo removal plan 2.6.5.1 Survey the canyon and mapping stands of Arundo 2.6.5.2 Evaluate the best methods for eliminating the Arundo including the use of Rodeo spraying (United States Environmental Protection Agency approved). 2.6.6 Remove Arundo per the removal plan . City of Newport Beach SWRCB t Agreement No. 04- 191 - 55842 ,.'pin Page 6 of 18 VI ` 2.67 Conduct pre- project and post removal photo monitoring according to SWRCB standard. 2.7 Lower Buck Gully Flood Protection Design 2.7.1 Review existing data including aerial and topographic maps, GIS database, Right -of -Way (ROW) information, hydrologic and hydraulic reports, soils and geology reports, sediment transport data, biological and water quality data. 2.7.2 Perform a detailed reconnaissance of Lower Buck Gully to investigate sources of dry- weather flows (storm drains, private drains, irrigation runoff, groundwater seeps) for the purpose of reducing these flows. 2.7.3 Prepare a series of studies (as directed by the WMAC) which may include a water quality assessment, runoff reduction plan, habitat restoration planning report, constructed wetland alternatives study, recreational access and interpretation study, erosion control and floodplain management study, and a community outreach plan. The studies will be forwarded to the WMAC for review, comment and approval. 2.7.4 Investigate funding sources to perform next phase of the Lower Buck Gully program: the preparation of construction documents and implementation of measures to stabilize the natural stream morphology and balance sediment transport within this channel reach. Prior to implementing restoration measures in Lower Buck Gully, it will be necessary to remove any Arundo stands that exist in Upper Buck Gully as described in 2.5. 2.8 Watershed Interpretive Resources and Facilities 2.8.1 Prepare concept design for interpretive facilities (i.e. signage) to be constructed at locations within the Newport Coast watershed area and submit to the WMAC and Grant Manager for review and approval. 2.8.2 Prepare construction documents based on approved design concept and submit to the Grant Manager, WMAC, and jurisdictional agencies for review and approval. 2.8.3 Construct the interpretive facilities per the approved construction documents. 2.8.4 Conduct pre- and post construction photo monitoring according to SWRCB standard. 2.9 Ordinances to Protect the Environmentally Sensitive Habitat Areas and ASBSs 2.9.1 Develop ordinances for the environmentally sensitive habitat areas and ASBSs. Ordinances will be developed to restrict activities, in and around these areas. 2.9.2 Conduct public meetings to obtain public comments. 2.9.3 Revise and finalize the ordinances incorporating comments received. 2.10 Community Outreach and Training 2.10.1 Implement a program of guided field trips (for educational purposes) for the Newport Coast Watershed area through the Grantee's Community Development Department. Currently, the Grantee has a Tide Pool Exploration Program that conducts safe and educational field trips to the Newport Beach Marine Life Refuge "ASBS ". The WMP would consider how to expand the current program. 2.10.2 Develop a web page for the project that will include general information on the program, final reports, photo monitoring, updates to the public on ongoing activities, and the results of studies as they become available. • City o Newport Beach SWRCB *t Agreement No. 04- 191 - 55842 Page 7 of 18 2.103 Conduct two (2) workshops to educate stakeholders on the program and to bring awareness to the "Best Management Practices" concept. Community support will be enlisted in order to restore the health of the watershed and our local marine life refuge. Speakers will be made available to assist with educational programs for watershed science and similar programs in the community. 2.10.4 Coordinate with University of California Davis on the development of the California Watershed Assessment Manual. 2.10.5 Train Grantee staff within its Planning, General Services and Public Works Departments in watershed management issues and technology to provide a core of internal experts to improve watershed planning, restoration and management. 2.11 Citizen Monitoring Program 2.11.1 Solicit the community's assistance, via the Grantee's Coastal f Bay Water Quality Committee, in developing a citizen's water sampling program. 2.11.2 Develop the citizen's monitoring program that includes a schedule of monitoring events and training materials. 2.11.3 Coordinate citizen volunteer monitoring with monitoring to be done in 2.3. 2.12 Draft and Final Project Reports 2.12.1 Prepare a draft project report that includes the results of the work listed above. The report shall include the following narrative sections: A brief introduction section including a statement of purpose, the scope of the project, and a description of the approach and techniques used during the project. A list of the items for review previously submitted as outlined in the "Table of Items for Review ". Any additional information that is deemed appropriate by the Grant Manager. 2.12.2 Submit copies of the draft project report to the Grant Manager for review and comment. 2.12.3 Prepare a final project report that addresses, to the extent feasible, comments made by the Grant Manager on the draft project report. Submit one (1) reproducible master and two (2) copies of the final project report to the Grant Manager for review and acceptance. TABLE OF ITEMS FOR REVIEW Item DESCRIPTION GRANT FUNDING DUE DATE Personnel Services $ 70,000 EXHIBIT A — SCOPE OF WORK 1.0 QUALITY ASSURANCE PROJECT PLAN and MONITORING PLAN $ 5,000 1.1 Quality Assurance Project Plan 1012005 1.2 Monitoring Plan 1012005 2.0 WORK TO BE PERFORMED BY GRANTEE 1. City of Newport Beach SWRCB At Agreement No. 04- 191 - 55842 Page 8 of 18 �Y l Item DESCRIPTION GRANT FUNDING DUE DATE 2.1 Watershed Management Advisory Committee $ 0 2.1.2 Meeting Schedule 0412005 2.2 Watershed Assessment Program $225,000 2.2.3 Watershed Assessment Report 1012005 2.3 Water Quality, Ecological Indicators, and Flow Monitoring Program $320,000 2.3.1 Monitoring Program 1012005 2.3.7 Watershed Monitoring Report 09/2007 2.4 Watershed Management Plan $50,000 2.4.1 Draft Watershed Management Plan 0412007 2.4.3 Final Watershed Management Plan 0712007 2.5 Buck Gully dry- weather Flow and Arundo removal Management Plan $210;000 270.000 2.5.3.1 Final Design Plans - Detention Facility 0712007 03/2008 2.5.4 Arundo Removal Plan 0711087 0312008 2.5.6 Photo Documentation 08/2008 2.6 Morning Canyon Dry- Weather Flow and Arundo Removal Management Project $400;000 40.000 2.6.1 Report Locating Arundo and Dry Weather Flow Sources 06/2007 2.6.4.1 Sediment Trapping Feasibility Report 0412008 2.6.4.42 Final Design Plans — Detention Facilities 070007 0412008 2.6.4.46 Photo Documentation 4=007 04/2008 2.6.5 Arundo Removal Plan 0612007 0812008 2.7 Lower Buck Gully Flood Protection Design $40,000 2.7.3 Studies 1012007 2.8 Watershed Interpretive Resources and Facilities $30,000 2.8.1 Concept Design 0712007 2.8.2 Construction Documents 4 q f 0312008 2.8.4 Photo Documentation 01/2008 2.9 Ordinances to Protect the Environmentally Sensitive Habitat Areas and ASBSs $0 2.9.1 Draft Ordinance(s) 04/20078 2.9.3 FinalOrdinance(s) a2��907 • City of Newport Beach SWRCB Alt Agreement No. 04 -191- 558 -42 Page 9 of 18 Item DESCRIPTION GRANT FUNDING DUE DATE 0812008 2.10 Community Outreach and Training $5,000 2.10.2 Webpage Address 04/2005 2.11 Citizen Monitoring Program $0 2.11.2 Citizens Monitoring Program 08/20028 2.12 Draft and Final Project Reports $0 2.12.2 Draft Project Report 0208/112008 2.13.3 Final Project Report 030911512008 EXHIBIT B — INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS 5.0 STANDARD REQUIREMENTS CERTIFICATION FORM (as needed) 6.1 Progress Reports by the twentieth (2r) of the month following the end of the calendar quarter (March, June, September, and December) Quarterly 6.2 Expenditurelinvoice Projections Quarterly 6.3 Grant Summary Form Day 90 6.4 Natural Resource Projects Inventory project survey form Before final invoice EXHIBIT C — SWRCB GENERAL CONDITIONS 6 Copy of final CEQA/NEPA documentation $45,000 12/2007 22 Signed cover sheets for all permits (included above) 01/2008 EXHIBIT D — GRANT PROGRAM TERMS & CONDITIONS Project Assessment and Evaluation Plan (PREP) 0412005 Total Grant Funds: $ 1,100,000 • City of Newport Beach 1. SWRCB At Agreement No. 04-191-55842 Page 10 of 18 EXHIBIT B — INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS Invoicing 1.1 Invoices shall include the Agreement Number. The original invoice shall be submitted to the SWRCB's Program Analyst on a quarterly basis consistent with the reporting schedule in Section 61 of this exhibit. Three (3) copies of the invoice shall be submitted to the SWRCB's Grant Manager. The addresses for submittal are: Pam Nichols, Program Analyst Wanda Cross, Grant Manager SWRCB, Division of Financial Assistance Regional Water Quality Control Board 1001 1 Street, 17'" Floor 3737 Main Street, Suite 500 Sacramento, CA 95814 Riverside, CA 92501 1.2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Invoices received by the SWRCB that are not consistent with the approved format will be cause for an invoice to be disputed. In the event of an invoice dispute, the SWRCB's Grant Manager will notify the Grantee by initiating an "Invoice Dispute Notification" form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by the SWRCB's Grant Manager. 1.3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or regulations, or which may require any rebates to the Federal Government, or any loss of tax -free status on state bonds, pursuant to any Federal statute or regulation. 1.4 Notwithstanding any other provision of this Agreement, the Grantee agrees that the SWRCB may retain an amount equal to ten percent (10 %) of the grant amount specified in this Agreement until completion of the Project to the reasonable satisfaction of the SWRCB. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. 1.5 The invoice shall contain the following information: 1.5.1 The word "INVOICE" and a sequential invoice number should appear in a prominent location at the top of the page(s); 1.5.2 Printed name of the Grantee; 1.5.3 Business address of the Grantee, including P.O. Box, City, State, and Zip Code; 1.5.4 The date of the invoice; 1.5.5 The number of the Agreement upon which the claim is based; and 1.5.6 An itemized account of the work for which the SWRCB is being billed; 1.5.6.1 The time period covered by the invoice, i.e., the term "from" and "to "; 1.5.6.2 A brief description of the work performed; 1.5.6.3 The method of computing the amount due. On cost reimbursable agreements, invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries/wages /consultant fees must also be explained; i.e., hours or days worked times the hourly or daily rate = the total amount claimed; 1.5.6.4 The total amount due, this should be in a prominent location in the lower right -hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Grantee under the terms of this Agreement; and 1.5.7 Original signature and date (in ink) of Grantee or its authorized representative. . City of Newport Beach SWRCB *t Agreement No. 04 -191- 558 -42 Page 11 of 18 00 1.5.8 Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN MAXNOVEMBER 1, 2008. 2. Budget Contingency Clause The maximum amount to be encumbered under this Agreement for the 2004 -05 fiscal year ending June 30, 2005 shall not exceed one million, one hundred thousand dollars ($1,100,000). If the Budget Act of the current year and /or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the SWRCB to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Grantee to reflect the reduced amount. 3. LINE ITEM BUDGET TOTAL $1,100,000 $180,000 $1,280,000 4. Budget Line Item Flexibility 4.1 Line Item Adjustment(s). Subject to the prior review and approval of the SWRCB's Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen PROP. 13 MATCH TOTAL Personnel Services (including benefits) $70,000 $75,000 $145,000 Classification Hours Wage per Hour Assistant City Manager (Project Director) 300 $76.75 Watershed Specialist 700 $38.06 Principal Civil Engineer 600 $54.85 Administrative Assistant 200 $33.39 GIS Analyst 300 $36.07 GS Maintenance Supervisor 700 $39.20 MIS Specialist (web designer) 200 $38.80 Water Quality Manager 200 $46.48 Operating Expenses $10,000 $45,000 $55,000 Interpretive Signage Printing Mailing Electronic data software /hardware (no item over $5,000 each) Professional & Consultant Services $670,000 $20,000 $690,000 (Geologist, Biologist, Hydrologist, Engineering, Monitoring Analyst) Contract Laboratory Services Construction Expenses (contracted out) $350,000 $20,000 $370,000 General Overhead (10 %) $0 $20,000 $20,000 TOTAL $1,100,000 $180,000 $1,280,000 4. Budget Line Item Flexibility 4.1 Line Item Adjustment(s). Subject to the prior review and approval of the SWRCB's Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen • SWRCB AAgreem ntyNo.04- 91 -55842 Page 12 of 18 percent (15 %) of the Agreement total including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15 %) shall require a formal Agreement amendment. 4.2 Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the SWRCB. Such adjustment may not increase or decrease the total grant amount allocated per fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The SWRCB may also propose adjustments to the budget. 5. Standard Requirements Certification Form. Grantee shall provide to the SWRCB's Grant Manager a Standard Requirements Certification Form (to be provided by the SWRCB) certifying that QAPP /CEQA/NEPA/PERMIT documents have been received by the Grant Manager. Payment for activities that require a completed QAPP or CEQA/NEPA documents, or permits, shall not be made to Grantee until the certification form is received by the SWRCB's Grant Manager. 6. Reports. 6.1 Grantee shall submit quarterly progress reports to the SWRCB's Grant Manager by the twentieth (20th) of the month following the end of the calendar quarter (March, June, September, and December). The progress reports shall describe activities undertaken and accomplishments during the quarter, milestones achieved, and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. 6.2 Every three (3) months (quarterly) during the work performed under the Scope of Work - Exhibit A section of this Agreement, the Grantee shall develop and submit to their assigned SWRCB's Program Analyst expenditurelinvoice projections to enable funding to be available for payment of invoices. 6.3 Grantee shall complete a one (1) page Grant Summary Form http:// www. swrcb .ca.aov /nps /docs /consummary.doc within three (3) months of the Agreement execution. A hard copy shall be submitted to the Grant Manager and an electronic copy to the Program Analyst for SWRCB website posting. 6.4 At the completion of this project, the Grantee shall complete and submit electronically a Natural Resource Projects Inventory (NRPI) project survey form http: / /www.ice.ucdavis.edu /nrpi forms/default.asp. A hard copy shall be submitted to the Program Analyst prior to final payment. 6.5 The Grantee agrees to expeditiously provide, during work on the Project and throughout the term of this Agreement, such reports, data, information, and certifications as may be reasonably required by the SWRCB. 7. Payment of Project Costs. The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs connected with the Project will be paid by the Grantee on a timely basis. S. Audit Disallowances. The Grantee agrees it shall return any audit disallowances to the SWRCB. • City of Newport Beach SWRCB IO Agreement No. 04- 191 - 55842 Page 13 of 18 EXHIBIT C SWRCB GENERAL CONDITIONS 1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the SWRCB. 3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part, without the consent of the SWRCB. 4. AUDIT: Grantee agrees that the awarding department, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for a possible audit for a minimum of twenty-three (23) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any contract related to performance of the Agreement. 5. BONDING: Where contractors are used, Grantee shall not authorize construction to begin until each such contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100 %) of contract value; labor and materials (100 %) of contract value. This requirement shall not apply to any contract for less than $20,000.00. 6. CEQA/NEPA: No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA process are received by the Grant Manager. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy Director of the SWRCB's Division of Financial Assistance (Division). Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. 7. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for the life of the project. 8. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 9. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the project or any significant part or portion thereof during the useful life of the project without prior written approval of the SWRCB. Such approval may be conditioned as determined to be appropriate by the SWRCB, including a condition requiring repayment of all or any portion of all remaining grant project funds covered by this Agreement together with accrued interest and any penalty assessments which may be due. 10. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State to reimburse the federal government by reason of any arbitrage profits, the Grantee shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach. . City of Newport Beach SWRCB A Agreement No. 04- 191 - 55842 Page 14 of 18 11. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director of the Division, or his or her authorized representative. The decision shall be reduced to writing and a copy thereof furnished to the Grantee and to the SWRCB's Executive Director. The decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of the Division decision to the Grantee, the Grantee mails or otherwise furnishes a written appeal of the decision to the SWRCB's Executive Director. The decision of the SWRCB's Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement. This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the SWRCB, or any official or representative thereof, on any question of law. 12., FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with generally accepted accounting principles. 13. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the State of California. 14. GRANT MODIFICATIONS: The SWRCB may, at any time, without notice to any sureties, by written order designated or indicated to be a "grant modification ", make any change in Exhibit A, for the work to be performed under this Agreement so long as the modified work is within the general scope of work called for by this Agreement, including but not limited to changes in the specifications or in the method, manner, or time of performance of work. If the Grantee intends to dispute the change, the Grantee must, within ten (10) days after receipt of a written "grant modification ", submit to the SWRCB a written statement setting forth the disagreement with the change. 15. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. 16. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers of employees or agents of the SWRCB. 17, INSPECTION: Throughout the life of the project, the SWRCB shall have the right to inspect the project area to ascertain compliance with this Agreement. 18. INSURANCE: Throughout the life of the project, the Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to the SWRCB. In the event of any damage to or destruction of the Project or any larger system of which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the larger system shall be free of all claims and liens. 19. 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 • City of Newport Beach SWRCB GO Agreement No. 04- 191 -55842 „ A Page 15 of 18 If fN:r f employment because of sex, race, religion, color, national origin, ancestry, disability, sexual orientation, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy - disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. 20. NOTICE: The Grantee shall promptly notify the SWRCB of events or proposed changes that could affect the scope, budget, or work performed under this Agreement. The Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the SWRCB, and the SWRCB has given written approval for such change. The Grantee shall notify the SWRCB at least ten (10) working days prior to any public or media event publicizing the accomplishments and /or results of this Agreement and provide the opportunity for attendance and participation by SWRCB's representatives. The Grantee shall promptly notify the SWRCB in writing of completion of work on the Project. The Grantee shall promptly notify the SWRCB in writing of any cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more and of any circumstance, combination of circumstances, or condition, which is expected to or does delay completion of construction for a period of ninety (90) days or more beyond the estimated date of completion of construction previously provided. 21. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures constructed or improved as part of the project throughout the life of the project, consistent with the purposes for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities and structures; the SWRCB shall not be liable for any cost of such maintenance, management or operation. The Grantee may be excused from operations and maintenance only upon the written approval of the Grant Manager. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. 22. PERMITS, CONTRACTING, WAIVER, REMEDIES AND DEBARMENT: The Grantee shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Any contractors, outside associates, or consultants required by the Grantee in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the SWRCB's Grant Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the SWRCB's Grant Manager. Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. The Grantee shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension ". The Grantee shall not contract with any individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477) The Grantee certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or Grantee; b. Have not within a three -year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and • City of Newport Beach SWRCB At Agreement No. 04- 19155842 Page 16 of 18 of d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 23. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the provisions of State Labor Code Section 1771 regarding prevailing wages. If applicable, the Grantee shall monitor all agreements subject to reimbursement from this Agreement to assure that the prevailing wage provisions of State Labor Code Section 1771 are being met. The Grantee agrees to fulfill its responsibilities under Section 1771.8 of the Labor Code, where applicable. 24. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. 25. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally accepted accounting principles, the Grantee agrees to: a. Establish an official file for the Project which shall adequately document all significant actions relative to the Project; b. Establish separate accounts which will adequately and accurately depict all amounts received and expended on this Project, including all grant funds received under this Agreement; c. Establish separate accounts which will adequately depict all income received which is attributable to the Project, especially including any income attributable to grant funds disbursed under this Agreement; d. Establish an accounting system which will adequately depict final total costs of the Project, including both direct and indirect costs; e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and f. If Force Account is used by the Grantee for any phase of the Project, establish an account that documents all employee hours, and associated tasks charged to the Project per employee. 26. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the SWRCB for financial support. The Grantee shall not utilize the materials for any profit- making venture or sell or grant rights to a third party who intends to do so. 27. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the SWRCB is for administrative purposes only and does not relieve the Grantee of its responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent permitted by law, the Grantee agrees to indemnify, defend and hold harmless the SWRCB and the State against any loss or liability arising out of any claim or action brought against the SWRCB and /or the State from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To City of Newport Beach SWRCB GO Agreement No. 04- 191 - 55842 Page 17 of 18 the fullest extent permitted by law, the Grantee agrees to pay and discharge any judgment or award entered or made against the SWRCB and/or the State with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement. 28. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental environmental projects required by Regional Boards. 29, SWRCB ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the SWRCB as a result of breach of this Agreement by the Grantee, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the SWRCB shall not preclude the SWRCB from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that the prevailing party shall be entitled to such reasonable costs and/or attorney fees as may be ordered by the court entertaining such litigation. 30. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any of this Grant Agreement time prior to completion of the Project, at the option of the SWRCB, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the SWRCB. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the SWRCB an amount equal to the amount of grant funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Grantee to the date of full repayment by the Grantee. 31. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the Project in an expeditious manner. 32. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates not to exceed those amounts paid to the State's represented employees under collective bargaining Agreements currently in effect. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the SWRCB. 33, UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have full force and effect and shall not be affected thereby. 34. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions of this Project begins upon completion of construction and continues until twenty (20) years thereafter. 35. VENUE: The SWRCB and the Grantee hereby agree that any action arising out of this Agreement shall be fled and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. 36. WITHHOLDING OF GRANT DISBURSEMENTS: The SWRCB may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. City of Newport Beach F. SWRCB GIRAgreement No. 04- 191 -55842 Page 18 of 18 EXHIBIT D Grant Program Terms & Conditions 1. This project is to develop local watershed management plans or to implement project consistent with local watershed management and regional water quality control plans, as such terms are defined in Water Code § 79078. 2. The Grantee certifies that it has adequate legal authority to manage the grant money. 3. The Grantee certifies that it is a member of local watershed group, as defined in Water Code § 79078. 4. The Grantee certifies that its project is designed to withstand substantial flooding, if a watershed improvement project. 5. Notwithstanding Exhibit A, the Grantee agrees to submit a monitoring and reporting plan that will do all of the following: a. describes baseline water quality of the water body impacted b. describes manner in which proposed watershed restoration activities are implemented c. determines effectiveness of watershed restoration activities in preventing or reducing pollution d. determines, to extent feasible, changes in pattern of flow in affected streams, including reduction of flood flows and increases in spring, summer, and fall flows that result from the implementation of the project e. determines, to the extent feasible, economic benefits resulting from changes determined pursuant to (c) or (d) above. 6. The Grantee shall inform the SWRCB with regard to necessary public agency approvals, entitlements, and permits that may be necessary to implement the project. The Grantee shall certify to the SWRCB, at the appropriate time, that it has obtained those approvals, entitlements, and permits. The Grantee shall notify, in writing, adjoining landowners of its request for this grant and the scope of the project for which the grant funding is requested. Upon completion of the notification required under this section, the Grantee shall inform the SWRCB that the notification has occurred. 8. The Grantee hereby certifies that it has written permission from the landowners of the parcel on which work will occur under this Agreement. 9. Notwithstanding Exhibit A, if this project is a capital outlay project, the Grantee agrees to submit a report to the SWRCB at the completion of the project that summarizes the completed project and identifies additional steps necessary to achieve the purposes of the local watershed management plan, as such term is defined under Water Code § 79078. 10. The Grantee certifies that if a recovery plan for coho, steelhead, or other threatened or endangered aquatic species exists, this project is consistent with such a plan and, if feasible, implements actions in such a plan. 0 / • FOR E USE ONLY DGS REGISTRATION NO. 3�Iyoo5o5��/ PROPOSITION 13 WATERSHED PROTECTION GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND CITY OF NEWPORT BEACH NEWPORT COAST WATERSHED PROGRAM: ASSESSMENT MANAGEMENT AND RESTORATION AGREEMENT NO. 04-191-558-10 This Grant Agreement is made between the State of California acting by and through the State Water Resources Control Board, hereafter referred to as the "SWRCB ", and City of Newport Beach, a city, hereafter referred to as the "Grantee". The oriqinal Aqreement approved by the SWRCB on Mav 13, 2005 is herebv amended on WHEREAS: 1. The following provision(s) authorize the SWRCB to enter into this type of Grant Agreement: WC § 79079 (Pr 13 Watershed Protection Program) 2. The Grantee has applied for a grant and has been determined by the SWRCB to be eligible for a grant pursuant to applicable State laws and regulations; and 3. The SWRCB, pursuant to the SWRCB Resolution No. 2004 -0035 approved on June 17, 2004, has authorized grant funding for the Project hereafter described. NOW, THEREFORE, it is agreed as follows: 1. The Project generally consists of completing watershed assessments (survey, hydrologic /hydraulic, biological /ecological, water quality and sedimentation), preparing specific restoration recommendations under a watershed management plan, and implementing specific stabilization and restoration projects within the Watershed Management Plan for the benefit of the Grantee. The Project Representatives during the term of this Agreement will be: State Water Resources Control Board Grantee: City of Newport Beach Name: Wanda Cross MaFduis- So-r4h, Grant Manager Name: Dave Kiff, Project Director Address: 3737 Main Street, Suite 500 Riverside, CA 92501 Address: 3300 Newport Boulevard Newport Beach, CA 92658 Phone: 951 782 -4468 Phone: 949 644 -3002 Fax: 951 781 -6288 Fax: 949 644 -3008 e -mail: wcrossowaterboards.ca.gov wn:arouis- smith�,watexl��art�s _ca:geu e -mail: dkiff(o7city.newport- beach.ca.us Direct all inquiries to: State Water Resources Control Board Grantee: City of Newport Beach Section /Unit: Division of Financial Assistance Section /Unit: Attention: Pam Nichols, Pro ram Analyst Attention: John Ka eler, Grant Contact Address: 1001 1 Street, 17 .0 'Floor Address: 3300 Newport Boulevard City of Newport Beach SWRCB G Agreement No. 04-191-558-10 Page 2 of 1918 Sacramento, CA 95814 Newport Beach, CA 92658 Phone: 916 341-5909 Phone: 949 644-3218 Fax: 916 341-5296 Fax: 949 644-3008 e-mail: pnichols(c)waterboards.ca.gov e-mail: ikappler(a-)-city.newport-beach.ca.us ikaDu4etei:no itv-F�Pw�rrt-hPa�h-tea-,-c Each party may change its Project Representative upon written notice to the other party. 2. Incorporation of Documents. This Agreement incorporates the following documents: 2.1 Exhibit A, Scope of Work; 2.2 Exhibit B, Invoicing, Budget Detail, and Reporting Provisions; 2.3 Exhibit C, SWRCB General Conditions; and 2.4 Exhibit D, Grant Program Terms and Conditions. 3. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Grantee in its application, accompanying documents, and communications filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to comply with all applicable laws, policies and regulations. 4. The term of the Agreement shall begin on September 1, 2004 and continue through project completion plus twenty-three (23) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY DATE MARCH 31, 20087. IN ESS T EOF, the parti s have executed this Agreement on the dates set forth below. By: By: w4tAU T-11 Grantee Signature Barbara L. Evoy, DebutDebuty Director Est l: ,]r,ruiistr<+iive SeFviGes Grantee Typed/Printed Name kC Y"'t CF 61 U Title and &ate SWRCB, Division of Financial Assistance Date Reviewed by -.41b Office of Chief Counsel Date: S_�k City of Newport Beach • . SWRCB Go Agreement No. 04- 191- 558 -10 Page 3 of 1918 EXHIBIT A — SCOPE OF WORK 1. Quality Assurance Project Plan and Monitoring Plan 1.1 Grantee shall prepare and maintain a Quality Assurance Project Plan (QAPP) that is consistent with the QAPP for the Surface Water Ambient Monitoring Program (SWAMP). The QAPP must be approved by the Regional Water Quality'Control Board's (RWQCB) or SWRCB's Quality Assurance (QA) Officer prior to implementation of any sampling or monitoring activities. No monitoring may occur prior to QAPP approval. Any costs related to monitoring data collected prior to and not supported by the approved QAPP will not be reimbursed. 1.2 Grantee shall prepare and maintain a Monitoring Plan (MP) that describes the types of constituents to be monitored and the frequency /schedule for the monitoring activities. The MP shall be approved by the Grant Manager prior to implementation of any sampling or monitoring activities. No monitoring may occur prior to MP approval. The Grant Manager must approve any changes to the MP prior to implementation. 2. Work To Be Performed by Grantee: 2.1 Watershed Management Advisory Committee (WMAC) 2.1.1 Form the WMAC by inviting key stakeholders to serve as the primary networking hub for the watershed program. 2.12 Establish a meeting schedule for the WMAC along with frequent informal contacts via e-mail, mailings, and the project's webpage. 2.1.3 . Establish the roles and responsibilities of the WMAC that include discussing the goals for the Newport Coast Watershed and advising the Grantee for preparing and implementing the Watershed Assessment Program (2.2), Monitoring Program (2.3) and Watershed Management Plan (WMP) (2.4). 2.2 Watershed Assessment Program 2.2.1 Collect and review.previously prepared studies and land use plans for the Newport Coast watershed area. The WMAC will assist the Grantee in identifying existing watershed, assessment data and identify gaps in the data. 2.2.2 Perform the following analyses and studies as determined by the WMAC. 2.2.2.1 Prepare an hydraulic analysis (using the Army Corps of Engineer's Hydrologic Engineering Center — River Analysis System [HEC -RAS]) for the entire drainage course of Buck Gully. 2.2.2.2 Prepare an hydrologic (using County of Orange approved Advance Encryption Standard [AES] software) and hydraulic analyses for Morro Creek. The hydrologic analysis will also include a groundwater study. 2.2.2.3 Provide the hydrologic and hydraulic analyses for Buck Gully, Morning Canyon, Pelican Point Creek, Pelican Point Middle Creek, Pelican Point Waterfall Creek, Los Trancos Creek, and Muddy Creek (Crystal Cove Creek). 2.2.2.4 Conduct a field visit of each canyon with Grantee staff and consultants (geotechnical engineer, geomorphologist, biologist and ecologist) to check for canyon stability and ecological health. Provide recommendations for performance of additional geotechnical or ecological studies to the WMAC. City of Newport Beach • SWRCB G. Agreement No. 04 -191 -558 -1 c Page 4 of 1918 2.2.3 Analyze the data, findings and recommendations collected in 2.2.1 and 2.2.2 and prepare a Watershed Assessment Report. 2.2.4 Disseminate the Watershed Assessment Report to the WMAC to discuss data, findings, and recommendations through a series of meetings. Selected studies that could have applicability for other watersheds in California may be submitted for publication to scientific, environmental or public works journals. 2.3 Water Quality, Ecological Indicators, and Flow Monitoring Program 2.3.1 Develop a monitoring program to complement the technical field studies and in support of goals of the WMP. Provide data to the Southern California Coastal Water Research Project (SCCWRP) to assist them with their research (2.3.4). 2.3.2 Monitor dry weather and stormwater flows in the coastal canyons using an appropriate methodology according to the magnitude of the flow. 2.3.3 Collect and analyze samples from the canyon streams during the dry and wet seasons per the approved Monitoring Plan and CAPP. Routine dry- weather sampling will be performed quarterly at a minimum of two (2) locations in each canyon. Conduct annual monitoring of two (2) storm events for each canyon. 2.3.4 Compare the pollutant loadings measured in each canyon under 2.3.3 against the reference watershed (Morro Canyon). Provide data to SCCWRP to assist them with their research. Pollutant concentrations will also be compared to state and federal standards for the Clean Water Act Section 303(d) streams in the project area. Using the Grantee's customized Geographic Information System (GIS) program, pollutant data shall be attributed to the channel reach and watershed area upstream from each monitoring station, until the next station or the top of the watershed. This will allow a direct connection between monitoring data and watershed attribute information, and with watershed management decision- making including, if possible, natural background loadings and identification of external sources into the canyons. 2.3.5 Analyze impacts of runoff from the canyon channels on the two (2) near shore Areas of Special Biological Significance (ASBS). Based on the analyses, provide recommendations regarding future monitoring to the RWQCB. 2.3.6 Expand the Grantee's well - developed GIS to include layers depicting Newport Coast watershed water resources and quality, soil type including erosivity and infiltration capacity, vegetation including wetlands, area and point locations of sensitive species, land cover including irrigated landscapes, and impervious surfaces. Provide training as needed to strengthen the GIS staffs technical expertise for performing analyses. 2.3.7 Prepare a watershed monitoring report and submit it to the Grant Manager. 2.4 Watershed Management Plan 2.4.1 Develop a draft WMP outlining stabilization and restoration programs for each of the seven (7) canyons in the watershed (the eighth canyon, Morro, serves as the reference watershed). Each canyon program will include detailed recommendations for streambed restoration, dry- weather flow reduction and management, pollutant loadings reduction, overall ecological preservation, recreational and education opportunities, and long -term canyon maintenance guidelines. The WMP will include a description of stabilization and restoration projects such as Buck Gully and Morning Canyon to be completed /constructed. The WMP will describe methods for implementing, managing and monitoring restoration actions and how these monitoring data will be used to make subsequent management and restoration decisions. 2.4.2 Submit the WMP to the Grant Manager and WMAC for review and comment. City of Newport Beach • SWRCB CO Agreement No. 04- 191- 558 -19 Page 5 of 197P 2.4.3 Finalize the WMP incorporating comments received and submit to the Grant Manager. 2.4.4 Re- evaluate the WMP based on ongoing monitoring data and findings. The WMP may be updated based on these findings. 2.5 Buck Gully Dry- Weather Flow and Arundo Removal Management Project 2.5.1 Implement measures, such as installation of Evapotranspiration (ET) controllers and ordinances (2.9), to reduce volume of dry weather flows. 2.5.2 Perform ongoing dry- weather flow monitoring per approved MP and QAPP. 2.5.3 Detention Basin 2.5.3.1 Prepare final design plans 2.5.4 Develop an Arundo removal plan: 2.5.4.1 Survey the gully and mapping stands of Arundo '2.5.4.2 Evaluate the best methods for eliminating the Arundo including the use of Rodeo spraying (United States Environmental Protection Agency approved). 2.5.5 Remove the Arundo per the removal plan 2.5.6 Conduct pre- and post removal photo monitoring according to SWRCB standards. 2.6 Morning Canyon Dry- Weather Flow and Arundo Removal Management Project 2.6.1 Submit a report locating Arundo and sources of dry- weather flows. 2.6.2 Implement measures, such as installation of ET controllers and ordinances (2.9), to reduce volume of dry weather flows. 2.6.3 Perform ongoing dry- weather flow monitoring per approved MP and QAPP. 2.6.4 Detention facilities retrofit project. 2.6.4.1 Prepare final design plans to retrofit the existing retention facilities within the Pelican Hills Golf Course. 2.6.4.2 Obtain letter to proceed 2.6.4:3 Implement retrofit project. .2.6.4.4 Conduct pre- and post photo monitoring according to SWRCB standards. 2.6.5 Develop an Arundo removal plan 2.6.5.1 Survey the canyon and mapping stands of Arundo 2.6.5.2 Evaluate the best methods for eliminating the Arundo including the use of Rodeo spraying (United States Environmental Protection Agency approved). 2.6.6 Remove Arundo per the removal plan 2.6.7 Conduct pre - .project and post removal photo monitoring according to SWRCB standard. �x City of Newport Beach v . SWRCB Go Agreement No. 04 -191- 558 -10 Page 6 of 1918 2.7 Lower Buck Gully Flood Protection Design 2.7.1 Review existing data including aerial and topographic maps, GIS database, Right -of -Way (ROW) information, hydrologic and hydraulic reports, soils and geology reports, sediment transport data, biological and water quality data. 2.7.2 Perform a detailed reconnaissance of Lower Buck Gully to investigate sources of dry- weather flows (storm drains, private drains, irrigation runoff, groundwater seeps) for the purpose of reducing these flows. 2.7.3 Prepare a series of studies (as directed by the WMAC) which may include a water quality assessment, runoff reduction plan, habitat restoration planning report, constructed wetland alternatives study, recreational access and interpretation study, erosion control and floodplain management study, and a community outreach plan. The studies will be forwarded to the WMAC for review, comment and approval. 2.7.4 Investigate funding sources to perform next phase of the Lower Buck Gully program: the preparation of construction documents and implementation of measures to stabilize the natural stream morphology and balance sediment transport within this channel reach. Prior to implementing restoration measures in Lower Buck Gully, it will be necessary to. remove any Rrundo stands that exist in Upper Buck Gully as described in 2.5. 2.8 Watershed Interpretive Resources and Facilities 2.8.1 Prepare concept design for interpretive facilities (i.e. signage) to be constructed at locations within the Newport Coast watershed area and submit to the WMAC and Grant Manager for review and approval. 2.8.2 Prepare construction documents based on approved design concept and submit to the Grant Manager, WMAC, and jurisdictional agencies for review and approval. 2.8.3 Construct the interpretive facilities per the approved construction documents. 2.8.4 Conduct pre- and post construction photo monitoring according to SWRCB standard. 2.9 Ordinances to Protect the Environmentally Sensitive Habitat Areas and ASBSs 2.9.1 Develop ordinances for the environmentally sensitive habitat areas and ASBSs. Ordinances will be developed to restrict activities, in and around these areas. 2.9.2 Conduct public meetings to obtain public comments. 2.9.3 Revise and finalize the ordinances incorporating comments received. 2.10 Community Outreach and Training 2.10.1 Implement a program of guided field trips (for educational purposes) for the Newport Coast Watershed area through the Grantee's Community Development Department. Currently, the Grantee has a Tide Pool Exploration Program that conducts safe and educational field trips to the Newport Beach Marine Life Refuge "ASBS ". The WMP would consider how to expand the current program. 2.10.2 Develop a web page for the project that will include general information on the program, final reports, photo monitoring, updates to the public on ongoing activities, and the results of studies as they become available. 2.10.3 Conduct two (2) workshops to educate stakeholders on the program and to bring awareness to the 'Best Management Practices" concept. Community support will be enlisted in order to restore . SWRCB G* City of Newport Beach Agreement No. 04- 191 -558 -18 DUE DATE Personnel Services Page 7 of 19TB the health of the watershed and our local marine life refuge. Speakers will be made available to assist with educational programs for watershed science and similar programs in the community. 2.10.4 Coordinate with University of California Davis on the development of the California Watershed Assessment Manual. 2.10.5 Train Grantee staff within its Planning, General Services and Public Works Departments in watershed management issues and technology to provide a core of internal experts to improve watershed planning, restoration and management. 2.11 Citizen Monitoring Program 2.11.1 Solicit the community's assistance, via the Grantee's Coastal/ Bay Water Quality Committee, in developing a citizen's water sampling program. 2.112 Develop the citizen's monitoring program that includes a schedule of monitoring events and training materials. 2.11.3 Coordinate citizen volunteer monitoring with monitoring to be done in 2.3. 2.12 Draft and Final Project Reports 2.12.1 Prepare a draft project report that includes the results of the work listed above. The report shall include the following narrative sections: A brief introduction section including a statement of purpose, the scope of the project, and a description of the approach and techniques used during the project. A list of the items for review previously submitted as outlined in the "Table of Items for Review'. Any additional information that is deemed appropriate by the Grant Manager. 2.12.2 Submit copies of the draft project report to the Grant Manager for review and comment. 2.12.3 Prepare a final project report that addresses, to the extent feasible, comments made by the Grant Manager on the draft project report. Submit one (1) reproducible master and two (2) copies of the final project report to the Grant Manager for review and acceptance. TABLE OF ITEMS FOR REVIEW Item DESCRIPTION GRANT FUNDING DUE DATE Personnel Services $ 70,000 EXHIBIT A — SCOPE OF WORK 1.0 QUALITY ASSURANCE PROJECT PLAN and MONITORING PLAN $5,000 1.1 Quality Assurance Project Plan 1012005 72 Monitoring Plan 10/2005 2.0 WORK TO BE PERFORMED BY GRANTEE 2.1 Watershed Management Advisory Committee $ 0 2.1.2 Meeting Schedule 0412005 2.2 Watershed Assessment Program $225,000 • SWRCB Ca Agreem ACity of greement No. 04 -191 58 10, Page 8 of 19-1-8 Item DESCRIPTION GRANT FUNDING DUE DATE 22.3 Watershed Assessment Report 1012005 23 Water Quality, Ecological Indicators, and Flow Monitoring Program $320,000 2.3.1 Monitoring Program 10/2005 2.3.7 Watershed Monitoring Report 09!2007 8412 -0116 2.4 Watershed Management Plan $50,000 2.4.1 Draft Watershed Management Plan 0412007 012-006 2.4.3 Final Watershed Management Plan 07/2007 04'-2006 2.5 Buck Gully dry- weather Flow and Arundo removal Management Plan $210,000 2.5.3.1 Final Design Plans - Detention Facility 07/2007 12/2005 2.5.4 Arundo Removal Plan 0712007 .12J2905 2.5.6 Photo Documentation 1212007 04 2086 2.6 Morning Canyon Dry- Weather Flow and Arundo Removal Management Project $100,000 2.6.1 Report Locating Arundo and Dry Weather Flow Sources 0612007 0-142-006 2.6.4.1 Final Design Plans - Detention Facilities 0712007 0112007 . 2.6.4.4 Photo Documentation 1212007 93x2007 2.6.5 Arundo Removal Plan 0612007 0-112887 2.7 Lower Buck Gully Flood Protection Design $40,000 2.7.3 Studies 1012007 181 -289-1 2.8 Watershed Interpretive Resources and Facilities $30,000 2.8.1 Concept Design 0712007 1812086 2.8.2 Construction Documents 1112007 041200; 2.8.4 Photo Documentation 0112008 0412097 2.9 Ordinances to Protect the Environmentally Sensitive Habitat Areas and ASBSs $0 2.9.1 Draft Ordinance(s) 0412007 0212005 City of Newport Beach • SWRCB GlAgreement No. 04- 191 - 558 -10 Page 9 of 19 -18 Item DESCRIPTION GRANT FUNDING' DUE DATE 2.9.3 FinalOrdinance(s) 1212007 0112006 2.10 Community Outreach and Training $5,000 2.10.2 Webpage Address 0412005 2.11 Citizen Monitoring Program $0 2.11.2 Citizens Monitoring Program 0812007 0412906 2.12 Draft and Final Project Reports $0 2.12.2 Draft Project Report 02120087 2.13.3 Final Project Report 03120087 EXHIBIT B — INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS 5.0 STANDARD REQUIREMENTS CERTIFICATION FORM (as needed) 6.1 Progress Reports by the twentieth (20 ) of the month following the end of the calendar quarter (March, June, September, and December) Quarterly 6.2 Expenditure /Invoice Projections Quarterly 6.3 Grant Summary Form Day 90 6.4 Natural Resource Projects Inventory project survey form Before final invoice EXHIBIT C — SWRCB GENERAL CONDITIONS 6 Copy of final CEQAINEPA documentation $45,000 1212007 0412807 22 Signed cover sheets for all permits (included above) 01/20087 EXHIBIT D — GRANT PROGRAM TERMS & CONDITIONS Project Assessment and Evaluation Plan (PAEP) 0412005 Total Grant Funds: $ 1,100,000 EXHIBIT B — INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS 1. Invoicing 1.1 Invoices shall include the Agreement Number. The original invoice shall be submitted to the SWRCB's Program Analyst on a quarterly basis consistent with the reporting schedule in Section 6.1 of this exhibit. Three (3) copies of the invoice shall be submitted to the SWRCS's Grant Manager. The addresses for submittal are: Pam Nichols, Program Analyst Wanda CrossMarga+s -Smah, Grant Manager SWRCB, Division of Financial Assistance Regional Water Quality Control Board 1001 1 Street, 17th T6 "' -Floor 3737 Main Street, Suite 500 Sacramento, CA 95814 Riverside, CA 92501 r�' City of Newport Beach • SWRCB GO Agreement No. 04- 191 - 558 -10 Page 10 of 1_915 1.2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Invoices received by the SWRCB that are not consistent with the approved format will be cause for an invoice to be disputed. In the event of an invoice dispute, the SWRCB's Grant Manager will notify the Grantee by initiating an "Invoice Dispute Notification" form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by the SWRCB's Grant Manager. 1.3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules, or. regulations, or which may require any rebates to the Federal Government, or any loss of tax -free status on state bonds, pursuant to any Federal statute or regulation. 1.4 Notwithstanding any other provision of this Agreement, the Grantee agrees that the SWRCB may retain an amount equal to ten percent (10 %) of the grant amount specified in this Agreement until completion of the Project to the reasonable satisfaction of the SWRCB. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. 1.5 The invoice shall contain the following information: 1.5.1 The word "INVOICE" and a sequential invoice number should appear in a prominent Iocatioh at the top of the page(s); 1.5.2 Printed name of the Grantee; 1.5.3 Business address of the Grantee, including P.O. Box, City, State, and Zip Code; 1.5.4 The date of the invoice; 1.5.5 The number of the Agreement upon which the claim is based; and 1.5.6 'An itemized account of the work for which the SWRCB is being billed; 1.5.6.1 The time period covered by the invoice, i.e., the term "from" and "to "; 1.5.6.2 A brief description of the work performed; 1.5.6.3 The method of computing the amount due. On cost reimbursable agreements, invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries /wages /consultant fees must also be explained; i.e., hours or days worked times the hourly or daily rate = the total amount claimed; 1.5.6.4 The total amount due; this should be in a prominent location in the lower right -hand' portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Grantee under the terms of this Agreement; and 1.5.7 Original signature and date (in ink) of Grantee or its authorized representative. 1.5.8 Final invoice shall be clearly marked _FINAL INVOICE" and submitted NO LATER THAN MAY 1, 20087-. 2. Budget Contingency Clause The maximum amount to be encumbered under this Agreement for the 2004 -05 fiscal year ending June 30, 2005 shall not exceed one million, one hundred thousand dollars ($1,100,000). If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the SWRCB to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of City of Newport Beach SWRCB G* Agreement No. 04- 191 - 558 -10 Page 11 of 1918 this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Grantee to reflect the reduced amount. • z °rr City of Newport Beach SWRCB Go Agreement No. 04- 191- 558 -10 Page 12 of 1918 3. LINE ITEM BUDGET PROP. 13 MATCH TOTAL Personnel Services (including benefits) $70,000 $75,000 $145,000 Classification Hours Wage per Hour Assistant City Manager (Project Director) 300 $76.75 Watershed Specialist 700 $38.06 Principal Civil Engineer 600 $54.85 Administrative Assistant 200 $33.39 GIS Analyst 300 $36.07 GS Maintenance Supervisor 700 $39.20 MIS Specialist (web designer) 200 $38.80 Water Quality Manager 200 $46.48 Operating Expenses $10,000 $45,000 $55,000 Interpretive Signage Printing Mailing Electronic data software /hardware (no item over $5,000 each) Professional & Consultant Services $670,000 $20,000 $690,000 (Geologist, Biologist, Hydrologist, Engineering, Monitoring Analyst) Contract Laboratory Services Construction Expenses (contracted out) $350,000 $20,000 $370,000 General Overhead (10 %) $0 $20,000 $20,000 TOTAL $1,100,000 $180,000 $1,280,000 4. Budget Line Item Flexibility 4.1 Line Item Adjustment(s). Subject to the prior review and approval of the SWRCB's Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15 %) of the Agreement total including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15 %) shall require a formal Agreement amendment. 4.2 Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the SWRCB. Such adjustment may not increase or decrease the total grant amount allocated per fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The SWRCB may also propose adjustments to the budget. 5. Standard Requirements Certification Form. Grantee shall provide to the SWRCB's Grant Manager a Standard Requirements Certification Form (to be provided by the SWRCB) certifying that QAPP /CEQA/NEPA/PERMIT documents have been received by the Grant Manager. Payment for activities that require a completed QAPP or CEQA/NEPA documents, or permits, shall not be made to Grantee until the certification form is received by the SWRCB's Grant Manager. 6. Reports. 6.1 Grantee shall submit quarterly progress reports to the SWRCB's Grant Manager by the twentieth (201") of the montq following the end of the calendar quarter (March, June, September, and December). The progress reports shall describe activities undertaken and accomplishments during the quarter, milestones City of Newport Beach • SWRCB Go Agreement No. 04- 191- 558 -10 Page 13 of 1918 achieved, and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. 6.2 Every three (3) months (quarterly) during the work performed under the Scope of Work - Exhibit A section of this Agreement, the Grantee shall develop and submit to their assigned SWRCB's Program Analyst expenditure /invoice projections to enable funding to be available for payment of invoices. 6.3 Grantee shall complete a one (1) page Grant Summary Form http://www.swrcb.ca.gov/nps/docs/consumrnary.doc within three (3) months of the Agreement execution. A hard copy shall be submitted to the Grant Manager and an electronic copy to the Program Analyst for SWRCB website posting. 6.4 At the completion of this project, the Grantee shall complete and submit electronically a Natural Resource Projects Inventory (NRPI) project survey form http: / /www.iGe.ucdavis.edu /nrpi forms/default-asp. A hard copy shall be submitted, to the Program Analyst prior to final payment. 6.5 The Grantee agrees to expeditiously provide, during work on the Project and throughout the term of this Agreement, such reports, data, information, and certifications as may be reasonably required by the SWRCB. 7. Payment of Project Costs. The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs connected with the Project will be paid by the Grantee on a timely basis. 8. Audit Disallowances. The Grantee agrees it shall return any audit disallowances to the SWRCB. City of Newport Beach 1 j SWRCB GIs Agreement No. 04- 191 - 558 -10 Page 14 of 1918 EXHIBIT C SWRCB GENERAL CONDITIONS 1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the SWRCB. 3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part, without the consent of the SWRCB. 4. AUDIT: Grantee agrees that the awarding department, the Bureau of State Audits,, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for a. possible audit for a minimum of twenty -three (23) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any contract related to performance of the Agreement. 5. BONDING: Where contractors are used, Grantee shall not authorize construction to begin until each such contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100°%) of contract value; labor and materials (100 %) of contract value. This requirement shall not apply to any contract for less than $20,000.00. 6. CEQA/NEPA: No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQAlNEPA process are received by the Grant Manager. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy Director -Nei of the SWRCB's Division of Financial Assistance (Division). Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. 7. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for the life of the project. 8. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 9. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except as provided in the Agreement,. it will not abandon, substantially discontinue use of, lease, or dispose of the project or any significant part or portion thereof during the useful life of the project without prior written approval of the SWRCB. Such approval may be conditioned as determined to be appropriate by the SWRCB, including a condition requiring repayment of all or any portion of all remaining grant project funds covered by this Agreement together with accrued interest and any penalty assessments which may be due. 10. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State to reimburse the federal government by reason of any arbitrage profits, the Grantee shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach. . SWRCB G* City of Newport Beach Agreement No. 04 -191- 558 -10 Page 15 of 1918 11. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director Ghief of the DivisiF�n- cif--- Finane al -- Assistance,- EDivision), or his or her authorized representative. The decision shall be reduced to writing and a copy thereof fumished to the Grantee and to the SWRCB's Executive Director. The decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of the Division decision to the Grantee, the Grantee mails or otherwise furnishes a written appeal of the decision to the SWRCB's Executive Director. The decision of the SWRCB's Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement. This clause does not preclude consideration of. legal questions, provided that nothing herein shall be construed to make final the decision of the SWRCB, or any official or representative thereof, on any question of law - 12. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with generally accepted accounting principles. 13. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws. of the State of California. 14. GRANT MODIFICATIONS: The SWRCB may, at any time, without notice to any sureties, by written order designated or indicated to be a "grant modification ", make any change in Exhibit A, for the work to be performed under this Agreement so long as the modified work is within the general scope of work called for by this Agreement, including but not limited to changes in the specifications or in the method, manner, or time of performance of work. If the Grantee intends to dispute the change, the Grantee must, within ten (1.0) days after receipt of a written "grant modification ", submit to the SWRCB a written statement setting forth the disagreement with the change. 15. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. 16. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not,as officers of employees or agents of the SWRCB. 17. INSPECTION: Throughout the life of the project, the SWRCB shall have the right to inspect the project area to ascertain compliance with this Agreement. 18. INSURANCE: Throughout the life of the project, the Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact business in the Stale of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to the SWRCB. In the event of any damage to or destruction of the Project or any larger system of which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the larger system shall be free of all claims and liens. 19. 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 City of Newport Beach j . SWRCB GO Agreement No. 04- 191 - 558-19 Page 16 of 19x-8 employment because of sex, race, religion, color, national origin, ancestry, disability, sexual orientation, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy - disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. 20. NOTICE: The Grantee shall promptly notify the SWRCB of events or proposed changes that could affect the scope, budget, or work performed under this Agreement. The Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the SWRCB, and the SWRCB has given written approval for such change. The Grantee shall notify the SWRCB at least ten (10) working days prior to any public or media event publicizing the accomplishments and /or results of this Agreement and provide the opportunity for attendance and participation by SWRCB's representatives. The Grantee shall promptly notify the SWRCB in writing of completion of work on the Project. The Grantee shall promptly notify the SWRCB in writing of any cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more and of any circumstance, combination of circumstances, or condition, which is expected to or does delay completion of construction for a period of ninety (90) days or more beyond the estimated date of completion of construction previously provided. 21. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures constructed or improved as part of the project throughout the life of the project, consistent with the purposes for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities and structures; the SWRCB shall not be liable for any cost of such maintenance, management or operation. The Grantee may be excused from operations and maintenance only upon the written approval of the Grant Manager. For purposes of this Agreement, "operation costs' include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic' structures. 22. PERMITS, CONTRACTING, WAIVER, REMEDIES AND DEBARMENT: The Grantee shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Any contractors, outside associates, or consultants required by the Grantee in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the SWRCB's Grant Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the SWRCB's Grant Manager. Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. The Grantee shall not .contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension ". The Grantee shall not contract with any individual or organization on USEPA's list of Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477) The Grantee certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed. for debarment, declared ineligible, or voluntarily excluded by any federal department or Grantee; b. Have not within a three -year period. preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and City of Newport Beach SWRCB G0 Agreement No. 04- 191- 558 -10 Page 17 of 191€3 d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, State or local) terminated for cause or default. 23. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the provisions of State Labor Code Section 1771 regarding prevailing wages. If applicable, the Grantee shall monitor all agreements subject to reimbursement from this Agreement to assure that the prevailing wage provisions of State Labor Code Section 1771 are being met. The Grantee agrees to fulfill its responsibilities under Section 1771.8 of the Labor Code, where applicable. 24. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. 25. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally accepted accounting principles, the Grantee agrees to:. a. Establish an official file for the Project which shall adequately document all significant actions relative to the Project, b. Establish separate accounts which will adequately and accurately depict all amounts received and expended on this Project, including all grant funds received under this Agreement; c. Establish separate accounts which will adequately depict all income received which is attributable to the Project, especially including any income attributable to grant funds disbursed under this Agreement; d. Establish an accounting system which will adequately depict final total costs of the Project, including both direct and indirect costs; e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and f. If Force Account is used by the Grantee for any phase of the Project, establish an accouni that documents all employee hours, and associated tasks charged to the Project per employee. 26. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes, and other written. or graphic work produced in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate and use in whole or in part, any final form data and. information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the SWRCB for financial support. The Grantee shall not utilize the materials for any profit- making venture or sell or grant rights to a third parry who intends to do so. 27. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the SWRCB is for administrative purposes only and does not relieve the Grantee of its responsibility to properly plan, design, . construct, operate, maintain, implement, or otherwise carry out the Project. To the extent permitted by law, the Grantee agrees to indemnify, defend and hold harmless the SWRCB and the State against any loss or liability arising out of any claim or action brought against the SWRCB and /or the State from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in anyway connected with (1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any • SWRCB (*Agreement City of Newport Beach. No. 04- 191- 558 -10 Page 18 of 1918 disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to pay and discharge any judgment or award entered or made against the SWRCB and /or the State with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement. 28. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental environmental projects required by Regional Boards. 29. SWRCB ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the SWRCB as a result of breach of this Agreement by the Grantee, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the SWRCB shall not preclude the SWRCB from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that the prevailing party shall be entitled to such reasonable costs and /or attorney fees as may be ordered by the court entertaining such litigation. 30. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any of this Grant Agreement time prior to completion of the Project, at the option of the SWRCB, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the SWRCB. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the SWRCB an amount equal to the amount of grant funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Grantee to the date of full repayment by the Grantee. 31. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the Project in an expeditious manner. 32. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates not to exceed those amounts paid to the State's represented employees under collective bargaining Agreements currently in effect. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the SWRCB. 33. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have full force and effect and shall not be affected thereby. 34. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions of this Project begins upon completion of construction and continues until twenty (20) years thereafter. 35. VENUE: The SWRCB and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court. in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. 36. WITHHOLDING OF GRANT DISBURSEMENTS: The SWRCB may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. City of Newport Beach `y • SWRCB A Agreement No. 04- 191 - 558 -10 Page 19 of 1918 EXHIBIT D Grant Program Terms & Conditions 1. This project is to develop local watershed management plans or to implement project consistent with local watershed management and regional water quality control plans, as such terms are defined in Water Code § 79078. 2. The Grantee certifies that it has adequate legal authority to manage the grant money. 3. The Grantee certifies that it is a member of local watershed group, as defined in Water Code § 79078. 4. The Grantee certifies that its project is designed to withstand substantial flooding, if a watershed improvement project. 5. Notwithstanding Exhibit A, the Grantee agrees to submit a monitoring and reporting plan that will do all of the following: a. describes baseline water quality of the water body impacted b. describes manner in which proposed watershed restoration activities are implemented c. determines effectiveness of watershed restoration activities in preventing or reducing pollution d. determines, to extent feasible, changes in pattern of flow in affected streams, including reduction of flood flows and increases in spring, summer, and fall flows that result from the implementation of the project e. determines, to the extent feasible, economic benefits resulting from changes determined pursuant to (c) or(d)above. 6. The Grantee shall inform the SWRCB with regard to necessary public agency approvals, entitlements, and permits that may be necessary to implement the project. The Grantee shall certify to the SWRCB, at the appropriate time, that it has obtained those approvals, entitlements, and permits. 7. The Grantee shall notify, in writing, adjoining landowners of its request for this grant and the scope of the project for which the grant funding is requested. Upon completion of the notification required under this section, the Grantee shall inform the SWRCB that the notification has occurred. 8. The Grantee hereby certifies that it has written permission from the landowners of the parcel on which work will occur under this Agreement. 9. Notwithstanding Exhibit A, if this project is a capital outlay project, the Grantee agrees to submit a report to the SWRCB at the completion of the project that summarizes the completed project and identifies additional steps necessary to achieve the purposes of the local watershed management plan, as such term is defined under Water Code § 79078. 10. The Grantee certifies that if a recovery plan for coho, steelhead, or other threatened or endangered aquatic species exists, this project is consistent with such a plan and, if feasible, implements actions in such a plan. FOR STATE USE ONLY DGS REGISTRATION NO. 3940050576147 PROPOSITION 13 WATERSHED PROTECTION GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND CITY OF NEWPORT BEACH NEWPORT COAST WATERSHED PROGRAM: ASSESSMENT MANAGEMENT AND RESTORATION AGREEMENT NO. 04 -191 -558 -0 FEB 10 2005 DIVISION OF This Grant Agreement is made between the State of California acting by and through the State Water Resources Control Board, hereafter referred to as the "SW RCB", and City of Newport Beach, a city, hereafter referred to as the "Grantee". WHEREAS: 1. The following provision(s) authorize the SWRCB to enter into this type of Grant Agreement: WC § 79079 (Pr 13 Watershed Protection Program) 2. The Grantee has applied for a grant and has been determined by the SWRCB to be eligible for a grant pursuant to applicable State laws and regulations; and 3. The SWRCB, pursuant to the SWRCB Resolution No. 2004 -0035 approved on June 17, 2004, has authorized grant funding for the Project hereafter described. NOW, THEREFORE, it is agreed as follows: 1. The Project generally consists of completing watershed assessments (survey, hydrologicthydraulic, biological /ecological, water quality and sedimentation), preparing specific restoration recommendations under a watershed management plan, and implementing specific stabilization and restoration projects within the Watershed Management Plan for the benefit of the Grantee. The Project Representatives during the term of this Agreement will be: State Water Resources Control Board Grantee: City of Newport Beach Name: Wanda Marquis-Smith, Grant Manager Name: Dave Kiff, Project Director Address: 3737 Main Street, Suite 500 Riverside, CA 92501 Address: 3300 Newport Boulevard Newport Beach, CA 92658 Phone: 951 782 -4468 Phone: 949 644 -3002 Fax: 951 781 -6288 Fax: 949 644 -3008 e -mail: wmar uis -smith waterboards.ca. ov e-mail: dklfE@cfty.ng&g!2[!:beach.ca.us Direct all inquiries to: State Water Resources Control Board Grantee: City of Newport Beach Section /Unit: Division of Financial Assistance Section /Unit: Attention: Pam Nichols, PAM Analyst Attention: John Ka eler, Grant Contact Address: 1001 1 Street, 16 . Floor Sacramento, CA 95814 Address: 3300 Newport Boulevard Newport Beach, CA 92658 Phone: 916 341 -5909 Phone: 949 644 -3218 Fax: 916 341 -5296 Fax: 949 644 -3008 e -mail: nichols waterboards.ca. ov e-mail: ikapl2eler@cily.newport-beach.ca.us City of Newport Beach SWRCB int Agreement No. 04-191-558-0 Page 2 of 18 Each party may change its Project Representative upon written notice to the other party. 2. Incorporation of Documents. This Agreement incorporates the following documents: 2.1 Exhibit A, Scope of Work; 2.2 Exhibit B, Invoicing, Budget Detail, and Reporting Provisions; 2.3 Exhibit C, SWRCB General Conditions; and 2.4 Exhibit D, Grant Program Terms and Conditions. 3. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Grantee in its application, accompanying documents, and communications filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to comply with all applicable laws, policies and regulations. 4. The term of the Agreement shall begin on September 1, 2004 and continue through project completion plus twenty-three (23) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY DATE MARCH 31, 2007. IN WITNESS THEREOF, t e parties have executed this Agreement on t e dates set below. By: By: Grantee Signature Este a I a , hie SWRCB, Division of Administrati Services STEVEN BROIBERG ?J /-� ) 6 �—> Grantee Typed/Printed Name Date Reviewed by: . MAYOR, CITY OF NEWPORT BEACH Office of Chief Counsel Title and Date 4/25/05 Date: City of Newport Beach • SW RCB A Agreement No. 04- 191 -558 -0 Page 3 of 18 EXHIBIT A — SCOPE OF WORK 1. Quality Assurance Project Plan and Monitoring Plan 1.1 Grantee shall prepare and maintain a Quality Assurance Project Plan (QAPP) that is consistent with the QAPP for the Surface Water Ambient Monitoring Program (SWAMP). The QAPP must be approved by the Regional Water Quality Control Board's (RWQCB) or SWRCB's Quality Assurance (QA) Officer prior to implementation of any sampling or monitoring activities. No monitoring may occur prior to QAPP approval. Any costs related to monitoring data collected prior to and not supported by the approved QAPP will not be reimbursed. 1.2 Grantee shall prepare and maintain a Monitoring Plan (MP) that describes the types of .constituents to be monitored and the frequency /schedule for the monitoring activities. The MP shall be approved by the Grant Manager prior to implementation of any sampling or monitoring activities. No monitoring may occur prior to MP approval. The Grant Manager must approve any changes to the MP prior to implementation. 2. Work To Be Performed by Grantee: . 2.1 Watershed Management Advisory Committee (WMAC) 2.1.1 Form the WMAC by inviting key stakeholders to serve as the primary networking hub for the watershed program. 2.1.2 Establish a meeting schedule for the WMAC along with frequent informal contacts via e-mail, mailings, and the project's webpage. 2.1.3 Establish the roles and responsibilities of the WMAC that include discussing the goals for the Newport Coast Watershed and advising the Grantee for preparing and implementing the Watershed Assessment Program (2.2), Monitoring Program (2.3) and Watershed Management Plan (WMP) (2.4). 2.2 Watershed Assessment Program 2.2.1 Collect and review previously prepared studies and land use plans for the Newport Coast. watershed area. The WMAC will assist the Grantee in identifying existing watershed assessment data and identify gaps in the data. 2.2.2 Perform the following analyses and studies as determined by the WMAC. 2.2.2.1 Prepare an hydraulic analysis (using the Army Corps of Engineer's Hydrologic Engineering Center — River Analysis System [HEC -RAS]) for the entire drainage course of Buck Gully. 2.2.2.2 Prepare an hydrologic (using County of Orange approved Advance Encryption Standard [AES] software) and hydraulic analyses for Morro Creek. The hydrologic analysis will also include a groundwater study. 2.2.23 Provide the hydrologic and hydraulic analyses for Buck Gully, Morning Canyon, Pelican Point Creek, Pelican Point Middle Creek, Pelican Point Waterfall Creek, Los Trancos Creek, and Muddy Creek (Crystal Cove Creek). 2.2.2.4 Conduct a field visit of each canyon with Grantee staff and consultants (geotechnical engineer, geomorphologist, biologist and ecologist) to check for canyon stability and ecological health. Provide recommendations for performance of additional geotechnical or ecological studies to the WMAC. City of Newport Beach SWRCB Gle Agreement No. 04 -191 -558 -0 Page 4 of 18 2.2.3 Analyze the data, findings and recommendations collected in 2.2.1 and 2.2.2 and prepare a Watershed Assessment Report. 2.2.4 Disseminate the Watershed Assessment Report to the WMAC to discuss data, findings, and recommendations through a series of meetings. Selected studies that could have applicability for other watersheds in California may be submitted for publication to scientific, environmental or public works journals. 2.3 Water Quality, Ecological Indicators, and Flow Monitoring Program 2.3.1 Develop a monitoring program to complement the technical field studies and in support of goals of the WMP. Provide data to the Southern California Coastal Water Research Project (SCCWRP) to assist them with their research (2.3.4). 2.3.2 Monitor dry weather and stormwater flows in the coastal canyons using an appropriate methodology according to the magnitude of the flow. 2.3.3 Collect and analyze samples from the canyon streams during the dry and wet seasons per the approved Monitoring Plan and QAPP. Routine dry- weather sampling will be performed quarterly at a minimum of two (2) locations in each canyon. Conduct annual monitoring of two (2) storm events for each canyon. 2.3.4 Compare the pollutant loadings measured in each canyon under 2.3.3 against the reference watershed (Morro Canyon). Provide data to SCCWRP to assist them with their research. Pollutant concentrations will also be compared to state and federal standards for the Clean Water Act Section 303(d) streams in the project area. Using the Grantee's customized Geographic Information System (GIS) program, pollutant data shall be attributed to the channel reach and watershed area upstream from each monitoring station, until the next station or the top of the watershed. This will allow a direct connection between monitoring data and watershed attribute information, and with watershed management decision- making including, if possible, natural background loadings and identification of external sources into the canyons. 2.3.5 Analyze impacts of runoff from the canyon channels on the two (2) near shore Areas of Special Biological Significance (ASBS). Based on the analyses, provide recommendations regarding future monitoring to the RWQCB. 2.3.6 Expand the Grantee's well - developed GIS to include layers depicting Newport Coast watershed water resources and quality, soil type including erosivity and infiltration capacity, vegetation including wetlands, area and point locations of sensitive species, land cover including irrigated landscapes, and impervious surfaces. Provide training as needed to strengthen the GIS staffs technical expertise for performing analyses. 2.3.7 Prepare a watershed monitoring report and submit it to the Grant Manager. 2.4 Watershed Management Plan 2.4.1 Develop a draft WMP outlining stabilization and restoration programs for each of the seven (7) canyons in the watershed (the eighth canyon, Morro, serves as the reference watershed). Each canyon program will include detailed recommendations for streambed restoration, dry- weather flow reduction-and management, pollutant loadings reduction, overall ecological preservation, recreational and education opportunities, and long -term canyon maintenance guidelines. The WMP will include a description of stabilization and restoration projects such as Buck Gully and Morning Canyon to be completed /constructed. The WMP will describe methods for implementing, managing and monitoring restoration actions and how these monitoring data will be used to make subsequent management and restoration decisions. 2.42 Submit the WMP to the Grant Manager and WMAC for review and comment. City of Newport Beach SWRCB Ont Agreement No. 04- 191 -558 -0 Page 5 of 18 2.4.3 Finalize the WIMP incorporating comments received and submit to the Grant Manager. 2.4.4 Re- evaluate the WMP based on ongoing monitoring data and findings. The WMP may be updated based on these findings. 2.5 Buck Gully Dry- Weather Flow and Arundo Removal Management Project 2.5.1 Implement measures, such as installation of Evapotranspiration (ET) controllers and ordinances (2.9), to reduce volume of dry weather flows. 2.5.2 Perform ongoing dry- weather flow monitoring per approved MP and QAPP. 2.5.3 Detention Basin 2.5.3.1 Prepare final design plans 2.5.4 Develop an Arundo removal plan: 2.5.4.1 Survey the gully and mapping stands of Arundo 2.5.4.2 Evaluate the best methods for eliminating the Arundo including the use of Rodeo spraying (United States Environmental Protection Agency approved). 2.5.5 Remove the Arundo per the removal plan 2.5.6 Conduct pre- and post removal photo monitoring according to SWRCB standards. 2.6 Morning Canyon Dry- Weather Flow and Arundo Removal Management Project 2.6.1 Submit a report locating Arundo and sources of dry- weather. flows. 2.6.2 Implement measures, such as installation of ET controllers and ordinances (2.9), to reduce volume of dry weather flows. 2.6.3 Perform ongoing dry- weather flow monitoring per approved MP and QAPP. 2.6.4 Detention facilities retrofit project.. 2.6.4.1 Prepare final design plans to retrofit the existing retention facilities within the Pelican Hills Golf Course. 2.6.4.2 Obtain letter to proceed 2.6.4.3 Implement retrofit project. 2.6.4.4 Conduct pre- and post photo monitoring according to SWRCB standards. 2.6.5 Develop an Arundo removal plan 2.6.5.1 Survey the canyon and mapping stands of Arundo 2.6.5.2 Evaluate the best methods for eliminating the Arundo including the use of Rodeo spraying (United States Environmental Protection Agency approved). 2.6.6 Remove Arundo per the removal plan 2.6.7 Conduct pre- project and post removal photo monitoring according to SWRCB standard. City of Newport Beach SWRCB ntAgreementNo.04- 191 -558 -0 Page 6 of 18 2.7 Lower Buck Gully Flood Protection Design 2.7.1 Review existing data including aerial and topographic maps, GIS database, Right -of -Way (ROW) information, hydrologic and hydraulic reports, soils and geology reports, sediment transport data, biological and water quality data. 2.7.2 Perform a detailed reconnaissance of Lower Buck Gully to investigate sources of dry- weather flows (storm drains, private drains, irrigation runoff, groundwater seeps) for the purpose of reducing these flows. 2.7.3 Prepare a series of studies (as directed by the WMAC) which may include a water quality assessment, runoff reduction plan, habitat restoration planning report, constructed wetland alternatives study, recreational access and interpretation study, erosion control and floodplain management study, and a community outreach plan. The studies will be forwarded to the WMAC for review, comment and approval. 2.7.4 Investigate funding sources to perform next phase of the Lower Buck Gully program: the preparation of construction documents and implementation of measures to stabilize the natural stream morphology and balance sediment transport within this channel reach. Prior to implementing restoration measures in Lower Buck Gully, it will be necessary to remove any Arundo stands that exist in Upper Buck Gully as described in 2.5. 2.8 Watershed Interpretive Resources and Facilities 2.8.1 Prepare concept design for interpretive facilities (i.e. signage) to be constructed at locations within the Newport Coast watershed area and submit to the WMAC and Grant Manager for review and approval. 2.8.2 Prepare construction documents based on approved design concept and submit to the Grant Manager, WMAC, and jurisdictional agencies for review and approval. 2.8.3 Construct the interpretive facilities per the approved construction documents. 2.8.4 Conduct pre- and post construction photo monitoring according to SWRCB standard 2.9 Ordinances to Protect the Environmentally Sensitive Habitat Areas and ASBSs 2.9.1 Develop ordinances for the environmentally sensitive habitat areas and ASBSs. Ordinances will be developed to restrict activities, in and around these areas. 2.9.2 Conduct public meetings to obtain public comments. 2.9.3 Revise and finalize the ordinances incorporating comments received. 2.10 Community Outreach and Training 2.10.1 Implement a program of guided field trips (for educational purposes) for the Newport Coast Watershed area through the Grantee's Community Development Department. Currently, the Grantee has a Tide Pool Exploration Program that conducts safe and educational field trips to the Newport Beach Marine Life Refuge "ASBS ". The W MP would consider how to expand the current program. 2.10.2 Develop a web page for the project that will include general information on the program, final reports, photo monitoring, updates to the public on ongoing activities, and the results of studies as they become available. 2.10.3 Conduct two (2) workshops to educate stakeholders on the program and to bring awareness to the "Best Management Practices" concept. Community support will be enlisted in order to restore City of Newport Beach SWRCB Alt AgreementNo.04 -191 -558-0 Page 7 of 18 the health of the watershed and our local marine life refuge. Speakers will be made available to assist with educational programs for watershed science and similar programs in the community. 2.10.4 Coordinate with University of California Davis on the development of the California Watershed Assessment Manual. 2.10.5 Train Grantee staff within its Planning, General Services and Public Works Departments in watershed management issues and technology to provide a core of internal experts to improve watershed planning, restoration and management. 2.11 Citizen Monitoring Program 2.11.1 Solicit the community's assistance, via the Grantee's Coastal/ Bay Water Quality Committee, in developing a citizen's water sampling program. 2.11.2 Develop the citizen's monitoring program that includes a schedule of monitoring events and training materials. 2.11.3 Coordinate citizen volunteer monitoring with monitoring to be done in 2.3. 2.12 Draft and Final Project Reports 2.12.1 Prepare a draft project report that includes the results of the work listed above. The report shall include the following narrative sections: A brief introduction section including a statement of purpose, the scope of the project, and a description of the approach and techniques used during the project. A list of the items for review previously submitted as outlined in the'Table of Items for Review". Any additional information that is deemed appropriate by the Grant Manager. 2.12.2 Submit copies of the draft project report to the Grant Manager for review and comment. 2.12.3 Prepare a final project report that addresses, to the extent feasible, comments made by the Grant Manager on the draft project report. Submit one (1) reproducible master and two (2) copies of the final project report to the Grant Manager for review and acceptance. TABLE OF ITEMS FOR REVIEW Item DESCRIPTION GRANT FUNDING DUE DATE Personnel Services $ 70,000 EXHIBIT A — SCOPE OF WORK 1.0 QUALITY ASSURANCE PROJECT PLAN and MONITORING PLAN $ 5,000 1.1 Quality Assurance Project Plan 10/2005 1.2 Monitoring Plan 10/2005 2.0 WORK TO BE PERFORMED BY GRANTEE 2.1 Watershed Management Advisory Committee $ 0 2.1.2 Meeting Schedule - 04/2005 2.2 Watershed Assessment Program $225,000 City of Newport Beach SWRCB fInt Agreement No. 04- 191 -558 -0 Page 8 of 18 Item DESCRIPTION GRANT FUNDING DUE DATE 2.2.3 Watershed Assessment Report 10/2005 2.3 Water Quality, Ecological Indicators, and Flow Monitoring Program $320,000 2.3.1 Monitoring Program 10/2005 2.3.7 Watershed Monitoring Report 04/2006 2.4 Watershed Management Plan $50,000 2.4.1 Draft Watershed Management Plan - . 0112006 2.4.3 Final Watershed Management Plan 04/2006 2.5 Buck Gully dry- weather Flow and Arundo removal Management Plan $210,000 2.5.3.1 Final Design Plans - Detention Facility 1212005 2.5.4 Arundo Removal Plan 1212005 2.5.6 Photo Documentation 04/2006 2.6 Morning Canyon Dry- Weather Flow and Arundo Removal Management Project $100,000 2.6.1 Report Locating Arundo and Dry Weather Flow Sources 01/2006 2.6.4.1 Final Design Plans — Detention Facilities 01/2007 2.6.4.4 Photo Documentation 03/2007 2.6.5 Arundo Removal Plan 01/2007 2.7 Lower Buck Gully Flood Protection Design $40,000 2.7.3 Studies 10/2005 2.8 Watershed Interpretive Resources and Facilities $30,000 2.8.1 Concept Design 10/2006 2.8.2 Construction Documents 0112007 2.8.4 Photo Documentation 04/2007 2.9 Ordinances to Protect the Environmentally Sensitive Habitat Areas and ASBSs $0 2.9.1 Draft Ordinance(s) 0812005 2.9.3 FinalOrdinance(s) 01/2006 2.10 Community Outreach and Training $5,000 2.10.2 Webpage Address 04/2005 2.11 Citizen Monitoring Program $0 2.11.2 Citizens Monitoring Program 04/2006 2.12 Draft and Final Project Reports $0 2.12.2 Draft.Project Report 02/2007 2.13.3 Final Project Report 03/2007 EXHIBIT B — INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS 5.0 STANDARD REQUIREMENTS CERTIFICATION FORM (as needed) City of Newport Beach • SWRCB ent Agreement No. 04- 191 -558 -0 Page 9 of 18 Item DESCRIPTION GRANT FUNDING DUE DATE 6.1 Progress Reports by the twentieth (20'0) of the month following the end of the calendar quarter (March, June, September, and December) Quarterly 6.2 Expenditure /Invoice Projections Quarterly 6.3 Grant Summary Form Day 90 6.4 Natural Resource Projects Inventory project survey form Before final invoice EXHIBIT C — SWRCB GENERAL CONDITIONS 6 Copy of final CEQA/NEPA documentation $45,600 0112007 22 Signed cover sheets for all permits (included above) 01/2007 EXHIBIT D — GRANT PROGRAM TERMS & CONDITIONS Project Assessment and Evaluation Plan (PAEP) 04/2005 Total Grant Funds: $ 1,100,000 EXH1131T B — INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS 1. Invoicing 1.1 Invoices shall include the Agreement Number. The original invoice shall be submitted to the SWRCB's Program Analyst on a quarterly basis consistent with the reporting schedule in Section 6.1 of this exhibit. Three (3) copies of the invoice shall be submitted to the SWRCB's Grant Manager. The addresses for submittal are: Pam Nichols, Program Analyst SWRCB, Division of Financial Assistance 1001 1 Street, 16th Floor Sacramento, CA 95814 Wanda Marquis- Smith, Grant Manager Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 1.2 Payment of any invoice shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. Invoices received by the SWRCB that are not consistent with the approved format will be cause for an invoice to be disputed. In the event of an invoice dispute, the SWRCB's Grant Manager will notify the Grantee by initiating an "Invoice Dispute Notification' form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. All invoices must be approved by the SWRCB's Grant Manager. 1.3 Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, rules,.or regulations, or which may require any rebates to the Federal Government, or any loss of tax -free status on state bonds, pursuant to any Federal statute or regulation. 1.4 Notwithstanding any other provision of this Agreement, the Grantee agrees that the SWRCB may retain an amount equal to ten percent (10 %) of the grant amount specked in this Agreement until completion of the Project to the reasonable satisfaction of the SWRCB. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. 1.5 The invoice shall contain the following information: City of Newport Beach • SWRCB*nt Agreement No. 04- 191 -558 -0 Page 10 of 18 1.5.1 The word "INVOICE" and a sequential invoice number should appear in a prominent location at the top of the page(s); 1.5.2 Printed name of the Grantee; 1.53 Business address of the Grantee, including P.O. Box, City, State, and Zip Code; 1.5.4 The date of the invoice; 1.5.5 The number of the Agreement upon which the claim is based; and 1.5.6 An itemized account of the work for which the SWRCB is being billed; 1.5.6.1 The time period covered by the invoice, i.e., the term "from" and "to "; 1.5.6.2 A brief description of the work performed; . 1.5.6.3 The method of computing the amount due. On cost reimbursable agreements, invoices must be itemized based on the categories specified in the Budget. The amount claimed for salarieslwages/consultant fees must also be explained; i.e.; hours or days worked times the hourly or daily rate = the total amount claimed; 1.5.6.4 The total amount due; this should be in a prominent location in the lower right -hand portion of the last page and clearly distinguished from other figures or computations appearing on the invoice; the total amount due shall include all costs incurred by the Grantee under the terms of this Agreement; and 1.5.7 Original signature and date (in ink) of Grantee or its authorized representative. 1.5.8 Final invoice shall be clearly. marked 'FINAL INVOICE" and submitted NO LATER THAN MAY 1 2007. 2. Budget Contingency Clause The maximum amount to be encumbered under this Agreement for the 2004 -05 fiscal year ending June 30, 2005 shall not exceed one million, one hundred thousand dollars ($1,100,000). If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the SWRCB to make any payments under this . Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any_provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to Grantee to reflect the reduced amount. City of Newport Beach • SWRCB Ot Agreement No. 04 -191 -558 -0 Page 11 of 18 3. LINE ITEM BUDGET 4. Budget Line Item Flexibility 4.1 Line Item Adjustment(s). Subject to the prior review and approval of the SWRCB's Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15 %) of the Agreement total including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15 %) shall require a formal Agreement amendment. 4.2 Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the SWRCB. Such adjustment may not increase or decrease the total grant amount allocated per fiscal year The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The SWRCB may also propose adjustments to the budget. 5. Standard Requirements Certification Form. Grantee shall provide to the SWRCB's Grant Manager a Standard Requirements Certification Form (to be provided by the SWRCB) certifying that QAPP /CEQA/NEPA/PERMIT documents have been received by the Grant Manager. Payment for activities that require a completed QAPP or CEQA/NEPA documents, or permits, shall not be made to Grantee until the certification form is received by the SWRCB's Grant Manager. 6. Reports. 6.1 Grantee shall submit quarterly progress reports to the SWRCB's Grant Manager by the twentieth (20t °) of the month following the end of the calendar quarter (March, June, September, and December). The progress reports shall describe activities undertaken and accomplishments during the quarter, milestones PROP. 13 MATCH TOTAL Personnel Services (including benefits) $70,000 $75,000 $145,000 Classification Hours Wage per Hour Assistant City Manager (Project Director) 300 $76.75 Watershed Specialist 700 $38.06 Principal Civil Engineer 600 $54.85 Administrative Assistant 200 $33.39 GIS Analyst 300 $36.07 GS Maintenance Supervisor 700 $39.20 MIS Specialist (web designer) 200 $38.80 Water Quality Manager 200 $46.48 Operating Expenses $10,000 $45,000. $55,000 Interpretive Signage Printing Mailing Electronic data software /hardware (no item over $5,000 each) Professional & Consultant Services $670,000 $20,000 $690,000 (Geologist, Biologist, Hydrologist, Engineering, Monitoring Analyst) Contract Laboratory Services Construction Expenses (contracted out) $350,000 $20,000 $370,000 General Overhead (10%) -$0 $20,000 $20,000 TOTAL $1,100,000 $180;000 $1,280,000 4. Budget Line Item Flexibility 4.1 Line Item Adjustment(s). Subject to the prior review and approval of the SWRCB's Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15 %) of the Agreement total including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15 %) shall require a formal Agreement amendment. 4.2 Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the SWRCB. Such adjustment may not increase or decrease the total grant amount allocated per fiscal year The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The SWRCB may also propose adjustments to the budget. 5. Standard Requirements Certification Form. Grantee shall provide to the SWRCB's Grant Manager a Standard Requirements Certification Form (to be provided by the SWRCB) certifying that QAPP /CEQA/NEPA/PERMIT documents have been received by the Grant Manager. Payment for activities that require a completed QAPP or CEQA/NEPA documents, or permits, shall not be made to Grantee until the certification form is received by the SWRCB's Grant Manager. 6. Reports. 6.1 Grantee shall submit quarterly progress reports to the SWRCB's Grant Manager by the twentieth (20t °) of the month following the end of the calendar quarter (March, June, September, and December). The progress reports shall describe activities undertaken and accomplishments during the quarter, milestones City of Newport Beach • SWRCB Ont Agreement No. 04- 191 -558 -0 Page 12 of 18 achieved, and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. 6.2 Every three (3) months (quarterly) during the work performed under the Scope of Work - Exhibit A section of this Agreement, the Grantee shall develop and submit to their assigned SWRCB's Program Analyst expenditure /invoice projections to enable funding to be available for payment of invoices. 6.3 Grantee shall complete a one (1) page Grant Summary Form http:// www. swrcb .ca.govinps/docalconsummary.doc within three (3) months of the Agreement execution. A hard copy shall be submitted to the Grant Manager and an electronic copy to the Program Analyst for SWRCB website posting. 6.4 At the completion of this project, the Grantee shall complete and submit electronically a Natural Resource Projects Inventory (NRPI) project survey form http: / /www.ice.ucdavis.edu /nrpi forms /default.asp. A hard copy shall be submitted to the Program Analyst prior to final payment. 6.5 The Grantee agrees to expeditiously provide, during work on the Project and throughout the term of this Agreement, such reports, data, information, and certifications as may be reasonably required by the SWRCB. 7. Payment of Project Costs. The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs connected with the Project will be paid by the Grantee on a timely basis. 8. Audit Disallowances. The Grantee agrees it shall return any audit disallowances to the SWRCB. City of Newport Beach SWRCB Ont Agreement No. 04 -191 -558 -0 Page 13 of 18 EXHIBIT C SWRCB GENERAL CONDITIONS 1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties. 2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the SWRCB. 3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole.or in part, without the consent of the SWRCB. 4. AUDIT: Grantee agrees that the awarding department, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for a possible audit for a minimum of twenty-three (23) years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information, related to such records. Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any contract related to performance of the Agreement. 5. BONDING: Where contractors are used, Grantee shall not authorize construction to begin until each such contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value; labor and materials (100 %) of contract value. This requirement shall not apply to any contract for less than $20,000.00. 6. CEQAINEPA: No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA process are received by the Grant Manager. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Chief of the SWRCB's Division of Financial Assistance. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. 7. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for the life of the project. 8. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 9. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the project or any significant part or portion thereof during the useful life of the project without prior written approval of the SWRCB. Such approval may be conditioned as determined to be appropriate by the SWRCB, including a condition requiring repayment of all or any portion of all remaining grant project funds covered by this Agreement together with accrued interest and any penalty assessments which may be due. 10. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State to reimburse the federal government by reason of any arbitrage profits, the Grantee shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach. City of Newport Beach • SW RCB Ont Agreement No. 04- 191 -558-0 Page 14 of 18 11. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Chief of the Division of Financial Assistance (Division), or his or her authorized representative. The decision shall be reduced to writing and a copy thereof furnished to the Grantee and to the SWRCB's Executive Director. The decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of the Division decision to the Grantee, the Grantee mails or otherwise furnishes a written appeal of the decision to the SWRCB's Executive Director. The decision of the SWRCB's Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement. This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the SWRCB, or any official or representative thereof, on any question of law. 12. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at, a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with generally accepted accounting principles. 13. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the State of California. 14. GRANT MODIFICATIONS: The SWRCB may, at any time, without notice to any sureties, by written order designated or indicated to be a "grant modification ", make any change in Exhibit A, for the work to be performed under this Agreement so long as the modified work is within the general scope of work called for by this Agreement, including but not limited to changes in the specifications or in the method, manner, or time of performance of work. If the Grantee intends to dispute the change, the Grantee must; within ten (10) days after receipt of a written "grant modification ", submit to the SWRCB a written statement setting forth the disagreement with the change. 15. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or.received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. 16. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers of employees or agents of the SWRCB. 17. INSPECTION: Throughout the life of the project, the SWRCB shall have the right to inspect the project area to ascertain compliance with this Agreement. 18. INSURANCE: Throughout the life of the project, the Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying .that the policy will not be cancelled or reduced in coverage without thirty (30) days' prior written notice to the SWRCB. In the event of any damage to or destruction of the Project.or any larger system of which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the larger system shall be free of all claims and liens. 19. 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 City of Newport Beach SWRCB *t Agreement No. 04- 191 -558 -0 Page 15 of 18 employment because of sex, race, religion, color, national origin, ancestry, disability, sexual orientation, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy- disability leave. The Grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. 20. NOTICE: The Grantee shall promptly notify the SWRCB of events or proposed changes that could affect the scope, budget, or work performed under this Agreement. The Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the SWRCB, and the SWRCB has given written approval for such change. The Grantee shall notify the SWRCB at least ten (10) working days prior to any public or media event publicizing the accomplishments and /or results of this Agreement and provide the opportunity for attendance and participation by SWRCB's representatives. The Grantee shall promptly notify the SWRCB in writing of completion of work on the Project. The Grantee shall promptly notify the SWRCB in writing of any cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more and of any circumstance, combination of circumstances, or condition, which is expected to or does delay completion of construction for a period of ninety (90) days or more beyond the estimated date of completion of construction previously provided. 21. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures constructed or improved as part of the project throughout the life of the project, consistent with the purposes for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities and structures; the SWRCB shall not be liable for any cost of such maintenance, management or operation. The Grantee may be excused from operations and maintenance only upon the written approval of the Grant Manager. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. 22. PERMITS, CONTRACTING, WAIVER, REMEDIES AND DEBARMENT: The Grantee shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Any contractors, outside associates, or consultants required by the Grantee in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, or as are specifically authorized by the SWRCB's Grant Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the SWRCB's Grant Manager. Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. The Grantee shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Suspension ". The Grantee shall not contract with any individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35, Gov. Code 4477) The Grantee certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or Grantee; b. Have not within a three -year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and City of Newport Beach SWRCB nt Agreement No. 04- 191 -558-0 Page 16 of 18 d. Have not within a three -year period preceding this application /proposal had one or more public transactions (federal, state or local) terminated for cause or default. 23. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the provisions of State Labor Code Section 1771 regarding prevailing wages. If applicable, the Grantee shall monitor all agreements subject to reimbursement from this Agreement to assure that the prevailing wage provisions of State Labor Code Section 1771 are being met. The Grantee agrees to fulfill its responsibilities under Section 1771.8 of the Labor Code, where applicable. 24. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. 25. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally accepted accounting principles, the Grantee agrees to: a. Establish an official file for the Project which shall adequately document all significant actions relative to the Project; b. Establish separate accounts which will adequately and accurately depict all amounts received and expended on this Project, including all grant funds received under this Agreement; c. Establish separate accounts which will adequately depict all income received which is attributable to the Project, especially including any income attributable to grant funds disbursed under this Agreement; d. Establish an accounting system which will adequately depict final total costs of the Project, including both direct and indirect costs; e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and f. If Force Account is used by the Grantee for any phase of the Project, establish an account that documents all employee hours, and associated tasks charged to the Project per employee. 26. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings; specifications, reports, computer programs, operating manuals, notes, and other written or graphic work produced in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the SWRCB for financial support. The Grantee shall not utilize the materials for any profit- making venture or sell or grant rights to a third party who intends to do so. 27. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the SWRCB is for administrative purposes only and does not relieve the Grantee of its responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent permitted by law, the Grantee agrees to indemnify, defend and hold harmless the SWRCB and the State against any loss or liability arising out of any claim or action brought against the SWRCB and/or the State from and against any ,and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule . or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any City of Newport Beach SWRCB ntAgreementNo.04- 191 -558 -0 Page 17 of 18 disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to pay and discharge any judgment or award entered or made against the SWRCB and /or the State with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement. 28. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental environmental projects required by Regional Boards. 29. SWRCB ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy provided in this. Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the SWRCB as a result of breach of this Agreement by the Grantee, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the SWRCB shall not preclude the SWRCB from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that the prevailing party shall be entitled to such reasonable costs and/or attorney fees as may be ordered by the court entertaining such litigation. 30. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any of this Grant Agreement time prior to completion of the Project, at the option of the SWRCB, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the SWRCB. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the SWRCB an amount equal to the amount of grant funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the Grantee to the date of full repayment by the Grantee. 31. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the Project in an expeditious manner. 32. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates not to exceed those amounts paid to the State's represented employees under collective bargaining Agreements currently in effect. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the SWRCB. 33. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have full force and effect and shall not be affected thereby. 34. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions of this Project begins upon completion of construction and continues until twenty (20) years thereafter.' 35. VENUE: The SWRCB and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. 36. WITHHOLDING OF GRANT DISBURSEMENTS: The SWRCB may withhold. all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. City of Newport Beach S W RCS *nt Agreement No. 04- 191 -55B -0 Page 18 of 18 EXHIBIT D Grant Program Terms.& Conditions 1. This project is to develop local watershed management plans or to implement project consistent with local watershed management and regional water quality control plans, as such terms are defined in Water Code § 79078. 2. The Grantee certifies that it has adequate legal authority to manage the grant money. 3. The Graintee certifies that it is a member of local watershed group, as defined in Water Code § 79078. 4. The Gralntee certifies that its project is designed to withstand substantial flooding, if a watershed improvement project. 5. Notwithstanding Exhibit A, the Grantee agrees to submit a monitoring and reporting plan that will do all of the following: a. describes baseline water quality of the water body impacted b. describes manner in which proposed watershed restoration activities are implemented c. determines effectiveness of watershed restoration activities in preventing or reducing pollution d. determines, to extent feasible, changes in pattern of flow in affected streams, including reduction of flood flows and increases in spring, summer, and fall flows that result from the implementation of the project e. determines, to the extent feasible. economic benefits resulting from changes determined pursuant to (c) or (d) above. 6. The Grantee shall inform the SWRCB with regard to necessary public agency approvals, entitlements, and permits that may be necessary to implement the project. The Grantee shall certify to the SWRCB, at the appropriate time, that it has obtained those approvals, entitlements, and permits. 7. The Grantee shall notify, in writing, adjoining landowners of its request for this grant and the scope of the project for which the grant funding is requested. Upon completion of the notification required under this section, the Grantee shall inform the SWRCB that the notification has occurred. 8. The Grantee hereby certifies that it has written permission from the landowners of the parcel on which work will occur under this Agreement. 9. Notwithstanding Exhibit A, if this project is a capital outlay project, the Grantee agrees to submit a report to the SWRCB at the completion of the project that summarizes the completed project and identifies additional steps necessary to achieve the purposes of the local watershed management plan, as such term is defined under Water Code § 79078. 10. The Grantee certifies that if a recovery plan for coho, steelhead, or other threatened or endangered aquatic species exists, this project is consistent with such a plan and, if feasible, implements actions in such a plan. CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 37 June 22, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution 2004- -- Regarding a Proposition 13 Grant for the Newport Coast Watershed Program ISSUE: Should the City of Newport Beach accept a grant under the Proposition 13 Watershed Protection Program? =619 J u ► - _ ellk Adopt Resolution 2004 - allowing the City to accept a Proposition 13 grant under the Watershed Protection Program. DISCUSSION: Background: The Newport Coast Watershed area covers about 10 square miles and extends south of Corona Del Mar to Moro Canyon. Much of this watershed area was annexed by the City on January 1, 2002. Rapid development and increased public use in this area have led to watershed problems involving urban runoff, streambed instability, slope failures, erosion, invasive plants, and the loss of riparian habitat. In Spring 2003, City staff applied for a grant from the California State Water Resources Control Board under the Proposition 13 Watershed Protection Grant Program. The City was notified in February 2004 of a grant award in the amount of $1.1 million. With the City's contribution of $180,000, the total program budget is $1.28 million. The proposed Newport Coast Watershed Program provides for a comprehensive framework for watershed restoration and canyon protection systematically defined, logically developed, and professionally implemented under the auspices of the City of Newport Beach. The watershed program will foster a long -term, cooperative atmosphere among community members, property owners, jurisdictional agencies, and environmentally interested groups. Resolution Regarding a Proposition 13 Grant June 22, 2004 Page 2 The goals for the Newport Coast Watershed Program include: • Stabilizing and restoring Buck Gully and Morning Canyon, • Reducing negative impacts to the two Marine Life Refuge Areas (areas of special biological significance) by reducing unnatural dry- weather canyon flows and improving storm -flow water quality, • Identifying destabilizing or unhealthy conditions in Muddy Creek, Los Trancos and other canyons in the watershed, and • Creating educational and training opportunities for City staff, the community, and stakeholders to support a watershed restoration and maintenance program. Project Status In anticipation of receiving grant funding (expected in August 2004), we are organizing advisory committees, collecting watershed data, conducting a canyon stability assessment for Lower Buck Gully and preparing a permit for removal of Arundo in Upper Morning Canyon. Once funding is formally received, we will issue a Request for Proposals (RFP) for geotechnical, hydraulic, biologic and ecological studies as well as water quality monitoring in the seven canyons in the watershed. Upon completion of these tasks, a series of Capital Improvement Projects will be initiated. The completion date for the tasks in the grant is December, 2007. Staff hopes that additional grants will be obtained for continued expansion of the Newport Coast Watershed Program. Funding for the Project. Upon adoption of a resolution authorizing the City to receive the grant, the City of Newport Beach will receive $1.1 million from the California State Water Resources Control Board's Proposition 13 Watershed Protection Program. A City match of $180,000 will be met via other Cap' o rlmprovement Projects (e.g. Morning Canyon Stabilization project) and the contribut time (salaries & benefits) of staff implementing the watershed program. Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Submitted by Dave I Assistant City Manager Attachment: Resolution 2004- Resolution Regarding a Proposition 13 Grant June 22, 2004 Page 3 Attachment A Resolution # 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT, AND ANY AMENDMENTS THERETO, ON BEHALF OF THE CITY WITH THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD FOR THE NEWPORT COAST WATERSHED PROGRAM (Project) WHEREAS, the Newport Coast community includes extensive open space and riparian habitat impacted by development; and WHEREAS, the are offshore of the Newport Coast includes two Areas of Special Biological Significance, within which extensive non - stormwater inputs are generally prohibited; and WHEREAS, development in the Newport Coast may lead to additional water quality and slope stabilization concerns; and WHEREAS, in an effort to address these concerns before they become significant problems involving public health or safety, the City applied for and tentatively received a grant from the State Water Resources Control Board to examine the many issues surrounding the up to seven (7) Newport Coast watersheds; and WHEREAS, said procedures established by the State Water Resources Control Board require the City Council to certify by resolution the approval for the Mayor to execute a contract; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby: 1. Authorizes the Mayor to execute a contract with the State of California for a Proposition 13 grant relating to the Newport Coast Watersheds; and 2. Certifies that the City has or will have sufficient funds to operate and maintain the Project; and 3. Certifies that the City has reviewed, understands, and agrees to the General Provisions contained in the Contract Preparation Guide; and 4. Certifies that the Grantee has or will have available, prior to commencement of any work on the Project, the proportional Match; and 5. Appoints the Mayor as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the Project. Resolution Regarding a Proposition 13 Grant June 22, 2004 Page 4 Adopted this 22nd day of June, 2004. TOD W. RIDGEWAY Mayor of Newport Beach ATTEST: LAVONNE HARKLESS, City Clerk I, the undersigned, hereby certify that the foregoing Resolution Number was duly adopted by the Newport Beach City Council following a roll call vote: Ayes Noes Absent (Clerk) -h 3 Resolution No. 2004 -59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT, AND ANY AMENDMENTS THERETO, ON BEHALF OF THE CITY WITH THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD FOR THE NEWPORT COAST WATERSHED PROGRAM (Project) WHEREAS, the Newport Coast community includes extensive open space and riparian habitat impacted by development; and WHEREAS, the are offshore of the Newport Coast includes two Areas of Special Biological Significance, within which extensive non - stormwater inputs are generally prohibited; and WHEREAS, development in the Newport Coast may lead to additional water quality and slope stabilization concerns; and WHEREAS, in an effort to address these concerns before they become significant problems involving public health or safety, the City applied for and tentatively received a grant from the State Water Resources Control Board to examine the many issues surrounding the up to seven (7) Newport Coast watersheds; and WHEREAS, said procedures established by the State Water Resources Control Board require the City Council to certify by resolution the approval for the Mayor to execute a contract; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby: 1. Authorizes the Mayor to execute a contract with the State of California for a Proposition 13 grant relating to the Newport Coast Watersheds; and 2. Certifies that the City has or will have sufficient funds to operate and maintain the Project; and 3. Certifies that the City has reviewed, understands, and agrees to the General Provisions contained in the Contract Preparation Guide; and 4. Certifies that the Grantee has or will have available, prior to commencement of any work on the Project, the proportional Match; and 5. Appoints the Mayor as agent to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, amendments, payment requests, and so on, which may be necessary for the completion of the Project. Adopted this 22nd day of June, 2004. ATTEST: City Clerk Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -59 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of June, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: Adams Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of June, 2004. (Seal) (: � 6 -? , , E- , �/�- City Clerk Newport Beach, California