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HomeMy WebLinkAboutC-3844 - Water Quality Grants - Intergrated Coastal Watershed Management (ICWM) Plans (Agreement No. 05-230-550-0, 05-230-550-1, 05-230-550-2, 05-230-550-3)Grant Agreement No. 05- 230 - 550-23 State Of California Grant Agreement Between The State. Of California STATE WATER RESOURCES CONTROL BOARD And . City of Newport Beach Agreement No. 05- 230 -5503 The original Agreement approved by the State Water Board on May 16, 2006, is hereby amended on November 26, 2007, and subsequently amended on June 11, 2008, is hereby amended on September 22. 2009 to extend work completion and end term dates and revise Exhibits A, B, C. and8, G� and E (deletions shown as stricken and revisions in bold and underline). Except as noted herein, all other terms and conditions shall remain the same. Integrated Coastal Watershed Management (ICWM) Plans (WC § 79563) THIS AGREEMENT is entered into on January 2, 2006, by and between the State Water Resources Control Board, hereinafter called "State," and City of Newport Beach, a city, hereinafter called "Grantee," which parties do hereby agree as follows: 1. PURPOSE. State shall provide a grant from the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 to Grantee for the purpose of developing new or completing new or updating existing ICWM plans or to develop, complete, or modify a component of an ICWM Plan. 2. GRANT AMOUNT. The maximum amount payable under this Agreement shall not exceed $397,500. 3. TERM OF AGREEMENT. The term of the Agreement shall begin on January 2, 2005 and continue through Project completion plus thirty-five (35) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE'COMPLETED BY SEP4 :E l3F=R-1, 2009MARCH 1. 2010- 4. GRANTEE's RESPONSIBILITIES. Grantee shall faithfully and expeditiously perform or cause to be performed all Project work as described in Exhibit A, Scope of Work. Grantee shall comply with all of the terms and conditions of this Agreement and with Chapter 6 (commencing with Section 79560) of Division 26.5 of the California Water Code. 5. GRANTEE COSTS. The reasonable costs of the Project are estimated to be $629,019. Grantee agrees to fund the difference between the estimate of Project cost in its grant application and the grant amount specified in Paragraph 2, if any. Grantee cost share is estimated to be $231,519. Grantee shall provide State evidence that such funds have been expended by work item prior to submittal of a request for State grant fund reimbursement 6. ELIGIBLE PROJECT COSTS. Grantee shall apply State funds received only to eligible Project costs in accordance with applicable provisions of the law and Exhibit C, Project Budget Costs that are not eligible for reimbursement include but are not limited to: Costs incurred prior to- effective date of this Agreement; Replacement of existing funding sources for ongoing programs; Support of existing agency requirements and mandates; . Payment of principal or interest of existing indebtedness or any interest payments unless the debt is incurred after execution of this Agreement, the State agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred, and the purposes for which the debt is incurred are otherwise eligible Project costs; and Overhead not directly related to Project costs. i Grant Agreement No. 05- 230 -5503 Page 1 of 2L2:0 7. METHOD OF PAYMENT. Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Agreement number, by State's Grant Manager at the address shown in Section 8 of this Agreement. Invoices must be accompanied by appropriate receipts and reports, The invoice shall contain the date of the invoice; the time period covered by the invoice; the total amount due! and original signature and date (in ink) of Grantee's. authorized representative. Invoices must be itemized based on the categories specified in the Budget The amount claimed for e salaries/wages /consultant fees must include a calculation formula (i.e., hours or days worked times the hourly'or daily rate = the total amount claimed). Final invoice shall be clearly marked "FINAL INVOICE' and submitted NO LATER THAN QGTG13ER 1, 2009APRIL 1.2010. 8. PROJECT REPRESENTATIVES The Project Representatives during the term of this Agreement will be: State Water Resources Control Board Grantee: City of Newport Beach Name: Steve McMasters, Grant Manager Name: Dave Kiff, Project Director Address: 1001 I Street, 16 Floor Sacramento, CA 95814 Address: 3300 Newport Blvd. Newport Beach, CA 92663 Phone: 916 341 -5716 Phone: 949 644 -3002 Fax: 916 341 -5707 Fax: 949 6443020 e -mail: smcmasters@waterboards.ca.gov e-mail: dkft@c&.newR2rt-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: Public Works Department Attention: Pam Nichols Pro ram Anal st Attention: Robert Stein, Grant Contact Address: 1001 1 Street, 17 Floor Sacramento, CA 95814 Address: 3300 Newport Blvd. Newport Beach CA 92663 Phone: 916 341 -5909 Phone: 949 644 -3322 Fax: 916 341 -5296 Fax: 949 6443020 e -mail: pnichQlsawaterboards.ca.gov I e-mail: rstein cit .new ort- beach.ca.us Either party may change its Project Representative upon written notice to the other party 9. PROGRESS REPORTS. Grantee shall submit, via email, quarterly progress reports to the State's Grant Manager by the twentieth (2&) of the month following the end of the calendar quarter (March, June, September, and December). The progress reports shall provide a brief description of the work performed, accomplishments during the quarter, milestones achieved, invoice projections, description of progress on the plan, any data developed or information gained, any costs incurred, any schedule impacts, and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. The submittal of these. reports is a requirement for initial and continued disbursement of funds. Report format is attached as Exhibit E, Progress Report Format. The progress report must explain the method used to compute the amount'due. 10. FINAL REPORT. Grantee shall prepare and submit to State, upon completion of the Project, a Final Report, which shall include: 1) an Executive Summary; 2) a comparison between the planned schedule in the Agreement and actual timeline and explain the differences; and 3) a discussion of major problems that occurred in meeting the Project goals and objectives as proposed and how and if they were resolved. The Final Report shall also contain a detailed description and analysis of Project results, and a summary of the costs incurred and disposition of funds disbursed. The Final Report shall be provided in hard copy and'digital format prior to final payment of grant funds retained by State. Grant Agreement No. 05-230-55043 Page 4 of 2120 IN WITNESS THEREOF, the parties have executed this Agreement on the dates set forth below. By: " G ante Signature �ayici � k.i� Grantee Typed/Printed Name CAN M(AmQer Title anA Date By: . XA— �/K I Barbara L. Evoy, Deputy Director State Water Resources Control Board, Division of Financial Assistance //// 9 Date Reviewed by4 Office of Chief Counsel Date: If--Up-061 Grant Agreement No. 05- 230 - 550-23 Page 3 of 2UZ0 11. PERFORMANCE EVALUATION. Grantee's performance under this Agreement will be evaluated by State after completion. 12. GRANT SUMMARY FORM. Grantee shall complete a one (1) page Grant Summary Form http: //www,waterboards.ca.gov/ funding /docs /grantinfa /grantsum.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 State website posting. 13. SURVEY FORM. At the completion of this Project, the Grantee shall complete and submit electronically a Natural Resource Project Inventory (NRPI) Project Survey Form http:!lwww.ice.ucdavis.edu /nrpi forms/defaultasp. A hard copy shall be submitted to the Program Analyst prior to final payment. 14. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Agreement shall be in writing. Notices may be sent by any of the following means: (i) by delivery in person; (ii) by certified U.S. mail, return receipt requested, postage prepaid; (iii) by "overnight' delivery service;. provided that next - business -day delivery is requested by the sender; or (iv) by facsimile transmission. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given five (5) business days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent by facsimile will be effective on the date of successful transmission, which is documented in writing. Either party may, by written notice to the other, designate a different address that shall be substituted for the one above. The .Grantee shall promptly notify the State 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 State, and the State has given written approval for such change. The Grantee shall notify the State 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 State's representatives: The Grantee shall promptly notify the State in writing of completion of work on the Project. 15. STANDARD PROVISIONS. The following exhibits are attached and made a part of this Agreement by this reference: Exhibit A Scope of Work Exhibit B Project Schedule Exhibit C Project Budget Exhibit D Standard Conditions Exhibit E Progress Report Format Exhibit F Grantee Resolution Exhibit G Travel and Per Diem Expenses 16. GRANTEE REPRESENTATIONS. 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. Grant Agreement No. 05- 230 - 550-23 Page 5 of 24270 ExHionr A SCOPE OF WORK Project Assessment and Evaluation Plan, Monitoring Plan, Quality Assurance Project Plan, California Environmental Quality Act 1.1 PROJECT ASSESSMENT AND EVALUATION PLAN. All projects are required to prepare and implement a Project Assessment and Evaluation Plan (PAEP) (aka Project Monitoring and Performance Plan) to detail the methods of measuring Project benefits and reporting them in accordance with a PAEP. Many projects include multiple activities that will require measurement of several parameters to evaluate Project performance. All implementation projects that propose pollution load and/or concentration reductions must report such reductions annually. Projects addressing sediment and nutrients must report annual pollutant load reductions. Projects protecting, restoring or creating streams, shorelines, or wetlands, must report an annual accounting of the .acres of wetlands restored and created, feet of streambank and shoreline protected and feet of stream channel stabilized. The Grant Manager shall approve the PAEP prior to implementation of monitoring and perfomiance assessment and/or evaluation actions. Guidance for preparing the PAEP is available at http:// www. waterboards .ca.gov/fundinglwater issues /urosrrams /grants loans/peep/index. shtml. 1.2 MONITORING PLAN. If environmental water quality monitoring (chemical, physical, or biological) is undertaken, the Grantee shall prepare, maintain, and implement a Monitoring Plan (MP) as. described on Page 9 of the Agricultural Water Quality Grant Program Guidelines (August 26, 2004). The MP shall include, but is not limited to, a description of the monitoring objectives, types of constituents to be monitored, and the sampling location frequency /schedule for the monitoring activities. The Grant Manager shall approve the MP 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. 1.3 QUALITY AssURANCE PROJECT PLAN. If an MP is prepared, the Grantee.shall also prepare, maintain, and implement a Quality Assurance Project Plan (QAPP) in accordance with the SWRCB's Surface Water Ambient Monitoring Program's (SWAMP) QAPP and data reporting requirements, and the USEPA QAPP, EPA AQ/R5, 3/01. Water quality monitoring data includes physical, chemical, and biological monitoring of any surface water. Electronic submittal of data collected in accordance with SWAMP shall be required. The QAPP shall be approved by the 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. Guidance for preparing the QAPP is available at http : / /Www.waterboards.ca.gov/water issues /nroorams /swamps /gapp.shtml. 1.4 CALIFORNIA ENVIRONMENTAL QUALITY ACT OR NATIONAL ENVIRONMENTAL POLICY ACT. 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 and the SWRCB has given environmental clearance. 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. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. 2. WORK TO BE PERFORMED BY GRANTEE 2.1 Plan Preparation Activities 2.1.1 Gather existing information about the Areas of Special Biological Significance (ASBS) and Critical Coastal Areas (CCA), including studies done by area colleges and Orange County Coastkeeper, and including historic water quality data from the Orange County Health Care Agency (OCHCA). Grant Agreement No. 05- 230 - 550-23 Page 6 oft -F2O 2.1.2 Establish and convene the Central Coast Orange County Integrated Coastal Watershed Management Plan (ICWMP) Technical Advisory Committee (TAC). TAC membership shall include representatives of the cooperating entities. 2.1.3 'Meet with impacted resources agency representatives to discuss and respond to comments.or questions about the key program elements. 2.1.4 Develop and finalize a timeline for the ICWMP. 2.1.5 Identify names of any subcontractor team members and submit to Grant Manager' for approval: .2.2 Public Use Impact Report 2.2.1 Review Background Data and Reports a.. Compile information on the spatial and temporal impact by public use on the sensitive marine life areas. b. Review reports provided by County officials, the Marine Protection Officer in Laguna Beach, and the Tidepool Ranger Program Coordinator in Newport Beach. c. Review local and state enforcement activities and practices at each ASBS. A. Review existing. ASBS Manag'ernent Plans, Public Use Studies and Social Impact Assessments. e. Review the Montage Resort Marine Resources Public Use Study and compare with public use studies performed at Pacific Grove, Santa Monica and Duxbury Reef. f. Prepare a Public Use Monitoring /Social Impact Report and submit recommendations to the TAC for comments. g. Incorporate recommendations from the TAC, finalize report and submit to Grant Manager. 2.3, Urban Runoff Flow and Water Quality Assessment 2.3.1 Review baseline data and summary of flow and constituents in the Newport Beach Marine Life Refuge, Irvine Coast Marine Life Refuge and Heisler Park Ecological Reserve Watershed per an approved Sampling and Analysis Plan and a QAPP. 2.3.2. Review related water quality data from the Orange County Stormwater Program, . Newport Coast Watershed plan and Clean Beaches Initiatives grant projects. a. Collect flow and water quality data at Heisler Park. b. Perform acute and toxic bioassays at Heisler Park and Little Corona., This information will be used to address questions posed by the State regarding waste discharges to the ASBSs. 2.3.3 Develop an ASBS Drainage Area Water Quality Assessment Report for the three (3) ASBS watershed drainage areas, including a summary of the information gathered and learned via this Assessment. a. Submit to TAC for review and comment; incorporate TAC comments in Final Assessment. b. Prepare the final ASBS Drainage Area Water Quality Assessment Report and submit to the Grant Manager. 2.4 Cross - Contamination Impacts 2.4.1 Review the results from the Newport Coast Flow and Water Quality Assessment, Newport Coast Groundwater Seepage Analysis, the Laguna Beach Flow and Water Quality Assessment, OCHCA water monitoring studies, and the partnering cities' existing dry- weather flow reduction programs. 2.4.2 Collect and review information on existing coastal watershed programs, marine habitat studies and monitoring programs relevant to this study. 2.4.3 Establish the range of loading rates for specific constituent(s) discharged from Buck Gully, Crystal Cove, Laguna Canyon and large storm drain outfall near Heisler Park based on review of available water quality data for constituents and flow. 2.4.4 Review and analyze available water quality data for CCA #69 and the Newport Bay 0 Grant Agreement No. 05- 230 - 550-23 Page 7 of 2420 Marine Life Refuge (NB MLR) to identify possible correlations and trends between pollutant loadings in CCA #69 and water quality at NB MLR. Identify possible harbor sources that could impact the marine areas at NB MLR and further south along the coastline. ' 2.4.5 Review available sediment discharge data from creeks and rivers, as well as longshore and cross -shore sediment transport characteristics along the ASBS' coastline to estimate the sediment budget.along the coastline. 2.4.6 Review available data about longshore current and pollutant transport data for the Region's coastline. If longshore data are not available, they will be estimated based on the wave conditions for the Region's coastline since.longshore currents are resulted from waves breaking along the shoreline. 2.4.7 Prepare a Pollutant Loading Report summarizing loading of sediment and constituents of concern in the canyons and along.the coastline. The report will summarize longshore and wave data along the coast. 2.4.8 Expand the Cities' of Newport Beach and Laguna Beach Geographic Information Systems (GIS) databases to incorporate pollutant and sediment loadings along the coast. Submit the GIS information to the County of Orange for incorporation into the Orange County Stormwater program GIS database. 2.4.9 Develop a Hydrodynamic and Water Quality (H &WQ) Model that covers several miles of shoreline of the study area including the Newport Bay and Harbor and other river and creek mouths. Using the model results, determine if the' constituents from the Harbor and other coastal canyons have the potential to reach the ASBSs based on tidal currents, longshore currents, and mincing. 2.4.10 Estimate the typical currents in the habitat areas using the H &WQ Model developed under Work Item 2.4.9. The modeling effort will be supplemented by a wave analysis for the habitat area to determine the combined wave - current induced shear stresses over the area and an evaluation of potential sediment erosion and deposition for the study area based on the estimated wave - current induced stress and the sediment characteristics for the habitat area. 2.4.11 Complete a Particle Tracking Analysis to determine the most probable direction for sediment discharges and other pollutants of concern from the designated areas under various tide, discharge and wave conditions. 2.4.12 Prepare a draft Cross - Contamination Impact Report and submit to TAG for review and comment. 2.4.13 Prepare the final Cross - Contamination Impact Report and submit to the Grant Manager. 2.5 ASBS Research and Data Collection and Pilot Renovation Program 2.5.1 Collect and review data from other Marine Protection Areas, ASBSs, and CCAs in Orange County. Identify additional surveys needed to categorize biodiversity including photo monitoring, tracking key species, and monitoring reproduction and successful recruitment.. 2.5.2 Review the results of the Newport Coast Watershed Flow and Water Quality assessment that quantifies constituent loadings for the various pollutants found in Buck Gully. Review the results of the Laguna Beach Flow and Water Quality assessment that quantifies constituent loadings for the Laguna Canyon and other large storm drain outfalls near Heisler Park. Compare these loadings with other studies along the Pacific Coast. 2.5.3 Define a controlled laboratory, Toxicological Study to look for relationships between intertidal organisms and pollutant loading in coastal canyons as follows. Review the literature for toxicological studies performed for plant and invertebrate species in rocky intertidal areas similar to those found along the coast of California. ' Prepare recommendations for a study of key, constituents that may likely have significant impacts on marine life areas that merit further study. Develop a narrowly defined Toxicological Study to look at changes in development, growth and reproductive success of a key marine species when impacted with different dilutions of several identified pollutants. Grant Agreement No. 05- 230 - 330-23 Page 8 of 24ZO 2.5.4 Conduct the toxicological study and prepare a report for the Grant Manager's review and approval. 2.5.5 Define baseline information needed in order to track the evolution of. ASBS health as mitigation measures are implemented. Prepare a Mitigation Monitoring Plan (MMP), per the'requirements of Work Item 1.2, including a photo documentation program and a Comparison Study to track changes at Little Corona as compared to a reference rocky intertidal site. getermine a reference watershed within the Irvine Coast for comparison of natural versus urbanized water quality conditions. Submit the MMP and Comparison Study to the TAC for approval. 2.5.6 Implement the MMP and Comparison Study. 2.5.7. Define passive and active options to accelerate recovery of the ASBSs. Develop strategies for renovating the rocky intertidal areas. Define planning activities and required conditions for initiating a habitat renovation experimental program. Recommend additional surveys as needed to categorize biodiversity including photo monitoring, tracking key species, and monitoring reproduction and successful recruitment. Submit recommendations to the TAC for review, comments and approval. Based on the TAC comments, recommend a Pilot Renovation Experiment to the State and California Coastal Commission in the rocky intertidal area at Little Corona to reintroduce and monitor a key species into the ASBS. 2.5.8 Implement a Pilot Renovation Experiment in the rocky intertidal area at Little Corona to reintroduce and monitor a key species into the ASBS. Monitor the renovation program per the approved MMP. 2.5.9 Add three (3) ASBSs to the Mineral Management Services' water quality tracking program, ' Compare results with other region -wide ASBS studies. 2.6 Coordinate Efements into ICWMP 2.6.1 Develop a quantitative methodology (metric) based on population abundance and diversity, invasive species, animal maturities; public use, canyon contamination, and cross contamination to allow comparison of the condition of the ASSS's to a theoretical healthy.ASBS. The metric wiil consider public use and contamination impacts. The metric will provide an initial basis for prioritizing management measures to protect and renovate ASBS areas. 2.6.2 Prepare the draft ICWMP for this region. The ICWMP Will include the Work Item reports and identify critical actions to reduce negative impacts, facilitate beneficial public use, renovate the rocky intertidal areas, and monitor the health and progress of each marine life area in the study region. The ICWMP shall recommend specific ASBS protection projects and management measures. The ICWMP shall examine how watershed activities can be modified while still protecting public access and watershed development activities. The ICWMP shall Identify data and information gaps. 2.6.3 Submit the draft ICWMP to the TAC for review and comment 2.6.4 Following Grant Manager approval, finalize and distribute the final ICWMP for the Central Coast Orange County ICWMP area. 2.7 CEQA Documentation and Permits 2.7.1 Obtain a list of necessary permits from required regulatory agencies. 2.7.2 Submit copies of permits to Grant Manager. 2.8 Community Outreach and Agency Training , 2.8.1 Provide all submittal information on websites or links.to the information. 2.8.2 Hold one (1) or more public forums to include non -TAC interested parties. Supply Grant Manager with a copy of meeting minutes. 2.8.3 Produce and distribute a training manual for stakeholders, city staff, and agency . staff. MAI Grant Agreement No. 05- 230 - 550-23 Page 9 of 24270 EXHIBIT B — PROJECT SCHEDULE . Item. DESCRIPTION DUE DATE 7. Method of Payment (Invoice) Quarterly 12. Grant Summary'Form Day 90. 13. Natural Resource Projects Inventory (NRPI) Project Survey Form Before final invoice REPORTS 9. Progress Reports by the twentieth (20) of the month following the end of the calendar quarter (March, June, September, and December) Quarterly 0. Final Project Report 981go 2110 EXHIBIT A— SCOPE.OF WORK 1.0 Project Assessment and Evaluation Plan, Monitoring Plan, Quality Assurance Project Plan, California Environmental Quality Act 1.1 Project Assessment and Evaluation Plan (PAEP) 6/06 12 Monitoring Plan (MP) 10106 1.3 Quality Assurance Project Plan (QAPP) 10106 1.4 Copy of final CEQAINEPA documentation Any activity in the scope of work subject to CEQA cannot begin prior to receipt of environmental clearance from the SWRCB 2107 2.0 WORK TO BE PERFORMED BY GRANTEE 2.1 Plan Preparation Activities 21.1 List of reviewed materials 5/06 2.1.2 TAC Meeting Minutes 6106 2.1.3 Agency Meeting Minutes 6/06 2.1.4 ICWMP Timeline 6/06 2.1.5 Identify Subcontractor Team Members 6 /06 2.2 Public Use Impact Report 2.2.1 Memo of reviewed background data and reports 6/06 2.2.1.g Public Use Monitoring /Social Impact Report 03/08 2.3 Urban Runoff Flow and Water Quality Assessment 2.3.1 List of reviewed baseline information 5/06 2.3.2 Sampling results at Heisler Park and Little Corona 03/08 2.13 Water Quality Assessment Report 03/08 2.4 Cross - Contamination Impacts 2.4.1 Memo on existing flow and water quality data 8/06 2.4.2 Memo regarding existing coastal watershed programs 8/06 2.4.3 Memo on existing loading rates 02108 2.4.4 Memo on Newport Bay water quality 03108, Grant Agreement No. 05- 230 - 550-23 Page 10 of 2. 20 Item DESCRIPTION DUE DATE 2.4.5 Memo on creek and river water quality discharges 8/06 2.4.6 Memo on longshore currents and pollutant transport data 8/06 2.4.7 Pollutant Loading Report 10/06 2.4.8 Listing of GIS database expansion 2/07 2.4.9 Report on a hydrodynamic and water quality numerical model development 03108. 2.4.10 Memo on typical currents in habitat areas 03/08 2.4.11 Particle Tracking Analysis 03/08 2.4.12 Draft Cross Contamination Impact Report 03/08 2.4.13 Final Cross Contamination Impact Report 08/08 2.5 ASBS Research and Data Collection and Pilot Renovation Program 2.5.1 Memo of reviewed data 7/06 2.5.2 Memo comparing constituent loadings from Laguna Canyon and Newport Coast Watersheds 03108 2.5.3 Toxicological study recommendations 03/08 . 2.5.4 Report on implemented toxicological study 04/08 2.5.6 Memo on implementation of Comparison Study 11106 2.5.7 Pilot Renovation Experiment recommendations 03/09 .2.5.8 Memo on the Pilot Renovation Experiment 05109 2.6 Coordinate Elements into ICWMP 2.6.1 ASBS Impact Metric 9/06 2.6.2 Draft ICWMP 05/09 2.6.4 Final ICWMP 06/09 2.7 CEQA Documentation and Permits 2.7.2 Copies of permits obtained 02/07 2.8 Community Outreach and Agency Training 2.8.1 Incorporate ASBS submittal information on City Website 02/09 2.8.2 Public Forum meeting minutes 04/08 2.8.3 Stakeholder Training Manual 02109 Grant Agreement No 05- 230 - 550-23 Page 11 of 2F20 EXHIBIT C — PROJECT BUDGET Line Item Budget $231,499 $628,999 PROP. 50 MATCH TOTAL Personnel Services $0 $99;849 599 9a9 $98,999 98 999 Classification Hours Wage/Hour Project Director 66 $80.58 Principal Engineer 700984.. 57.59 Senior Water Quality Specialist 480110 41.86 Tidepobl Supervisor 308266 37.50 Administrative Assistant 80132 35.05 GIS Analyst 400354 37.87 Senior Water Quality Analyst 40088 50.00 Operating Expenses Directly Related to Project s&owL0 $0 W990L0 Includes: Travel Expenses Supplies (less than $5,000 per item) Professional and Consultant Services $392,500 $132,500 $525;000 397 500 $630,000 Research and numerical modeling'consuRing services Public use monitoring and statistical analyses consulting services Toxicological researcher Marine Life Area biologists Regulatory Coordinator a. I TOTAL $397,500 $234.51 $629,049 $231,499 $628,999 Grant Agreement No. 05- 230 - 550-33 Page 12 of 2-F20 EXHIBIT D STANDARD CONDITIONS 1. ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENT: a) Separate Accounting of Grant Disbursement and Interest Records: Grantee shall account for the money disbursed pursuant to this Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times. b)' 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 c) Remittance of Unexpended Funds: Grantee, within a period of sixty (60) calendar days from the final disbursement from State to Grantee of grant funds, than remit to State any unexpended funds that were disbursed to Grantee under this Agreement and were not needed to pay eligible project costs. 2. ACKNOWLEDGEMENT OF CREDIT:. Grantee shall include appropriate acknowledgement.of credit to the State and to all cost - sharing partners for their support when promoting the Project or using any data and/or information developed under this Agreement. 3. 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 thq parties. 4. AMERICANS WITH DISABILITIES ACT: By signing this Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), Which . prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 5. AUDITS: 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. After completion of the Project, State may require Grantee to conduct a final audit, at Grantee's expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Agreement, and State may elect to pursue any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State. 6. BUDGET CONTINGENCY: 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 STATE 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 Grant Agreement No. 13 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 CHILD SUPPORT COMPLIANCE ACT: 'For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: . a). The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with.eamings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 8. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations in Grantee's contracts with other entities for acquisition of goods and services and construction of public works with funds provided by State under this Agreement. 9. 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. 10. CONFLICT OF INTEREST a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. b) Former State Employee: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision- making process relevant to the .contract while employed in any capacity by any State agency. For the twelve -month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy- making position in the same general subject area as the proposed 'contract within the twelve -month period prior to his or her leaving State service. 11. 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. 12. DELIVERY OF INFORMATION, REPORTS, AND DATA. 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 State. 13. DISBURSEMENTS. Following the review of each invoice, State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. 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. All money disbursed pursuant to this Agreement shall be deposited, administered, and accounted for pursuant to the provisions of applicable law. Grant Agreement No 05- 130 - 550-23 Pare 14 of2 20 ' 14. DISPUTES. Grantee shall continue with the responsibilities under this Agreement during any dispute. In the event of an invoice dispute, payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address lexactly as provided 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. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director 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 State'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 State's Executive Director. The decision of the State'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 State, or any official or representative thereof, on any question of law. 15. DRUG -FREE WORKPLACE CERTIFICATION Certification of Compliance: By signing this Agreement, Grantee, its contractors or subcontractors, hereby certify, under penalty of per/'ury under the laws of the State of California, compliance with the requirements of the Drug -Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug -free workplace by taking the following actions: a) Publish a statement notifying employees,' contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code Section 8355(a). b) Establish a Drug -Free Awareness Program, as required by Government Code Section 8355(b) to inform employees, contractors, or subcontractors about all of the following: 1. The dangers of drug abuse in the workplace, 2. Grantee's policy of maintaining a drug -free workplace, 3. Any available counseling, rehabilitation, and employee assistance programs, and 4. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. c) Provide as required by Government Code Sections 8355(c), that every employee, contractor, and /or subcontractor who works under this Agreement: 1 -. Will receive a copy of Grantee's drug -free policy statement, and 2. Will agree to abide by terms of Grantee's condition of employment, contract or subcontract. 16. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 17, 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. 48. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantee, if any, in the performance of the Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. Grant Agreement No. 05- 230 -550 -23 Pare 15 oi21 O 19, INSPECTIONS: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Agreement. This right shall extend to any subagreements, and-Grantee shall include. provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Agreement with State. Grantee acknowledges that the Project work site will be reportable under the Public Records Act: State shall have the right to inspect the Grantee's office at any and all reasonable times after completion of the Project to ensure compliance with the terms and conditions of this Agreement. During regular office hours, State shall have the right to inspect and to make copies of any books, records, or reports of the Grantee relating to this Agreement Grantee shall maintain and.shall make available at all times for such inspection accurate records of its costs, disbursements, and receipts with respect to its activities under this Agreement Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests. 20. NO THIRD PARTY RIGHTS: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established herein. 21. NONDISCRIMINATION: During the performance of this Agreement, Grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Grantee and contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the Agreement. 22. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing its obligations under this Agreement. Grantee shall comply with the California Environmental Quality Act (California Public Resources Code Section 21000 at seq.) and other applicable federal, State and local laws, rules, and regulations, guidelines, and requirements prior to disbursement of funds under this Agreement. Without limiting the foregoing, Grantee shall keep informed of and take all measures necessary to ensure compliance with California Labor Code requirements, including but not limited to Section 1720 et seq. of the California Labor Code regarding public works. 23. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water Resources Control Board or any Regional Water'Quality Control Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this agreement, the Grantee agrees to complete the Project funded by this agreement or to repay all of the grant funds plus interest. 24. REMEDIES, 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 State 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 State shall not preclude the State 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. Grant Agreement No. 05- 230 - 550-23 Page 16 of 2120 25. RETENTION: Notwithstanding any other provision of this Agreement, the State may retain up to ten percent (10 %) of the grant amount specified in this Agreement until completion of the Project and is accepted by the State. 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 State 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. SEVERABILITY of UNENFORCEABLE PROVISION: If any provision of this Agreement is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this Agreement shall be construed to remain fully valid, enforceable, and binding on the parties. 28. STATE REVIEWS AND INDEMNIFICATION: The patties agree that review or approval of Project' applications, documents, permits, plans and specifications or other Project information by the State 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 State against any loss or liability arising out of any claim or action brought against 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 Projector 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 Califomia 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 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 the Agreement. 29. SUCCESSORS AND ASSIGNS: This Agreement and all of its provisions shall apply to and bind the successors and assigns of .the parties. No assignment or transfer of this Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose. 30. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant funds shall not-be used for supplemental environmental projects required by Regional Water Quality Control Boards. 31. TERMINATION, .IMMEDIATE REPAYMENT, INTEREST: This Agreement may be terminated by written notice at any time prior to completion of the Project, at the option of the State, 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 State. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the State 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. 32. TIMELINESS: Time is of the essence in this Agreement. Grant Agreement No 05- 230 - 550-23 Page 17 of 2. 20 33, TRAVEL: Travel includes the costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Agreement. Travel will be reimbursed at or. below the rate allowed for unrepresented State employees, Exhibit G, Travel and Per Diem Expenses. For the purpose of computing "such expenses, Grantee's designated headquarters shall be that as shown on Section 8 of this Agreement. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. 34. VENUE: The State 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. 35. WAIVER OF RIGHTS: As a material condition of this Agreement, the Grantee agrees that acceptance of any disbursements under this Agreement shall effect a waiver of any right of action (including pending actions) against.the State Water Resources Control Board ( SWRCB) or any .Regional Water Quality Control Board (RWQCB) to challenge any regulation or order of the SWRCB or the RWQCB, which either requires performance of the Project, or though not required, whose terms or conditions would be satisfied in whole or in part by performance of the Project This waiver shall not apply to internal administrative review by the SWRCB of its own or a RWQCB's regulation or order, but it shall apply to judicial review thereof. This paragraph shall not apply to litigation arising due to disputes related to the performance of this Agreement. Any waiver by either party of rtghts arising in connection with this Agreement shall not be deemed to be a waiver with respect to any. other rights or matters, and such provisions shall continue in full force and effect. 36. WITHHOLDING OF GRANT DISBURSEMENTS: The State 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. Grant Agreement No. 05- 230 - 550-23 Page 18 of 2420 EXHIBIT. E PROGRESS REPORT FORMAT Grantee shall use the following outline as a template for Progress Reports. EA Executive Summary a. Provide a brief summary of the items contained in the body of the report. E.2. Report Status a. Describe work performed during the quarter: b. Describe major accomplishments, such as: 1. Items of work completed 2. Milestones met 3. Meetings held or attended 4. Press release,.etc. c. Discuss any issues or concerns that may affect the schedule or budget and include recommendations on how to correct the matter(s). d. Discuss activities planned for the next reporting period 1. A description of work to be performed in the next period 2. Issueslconcems that may affect the schedule or budget in the future and how the matter(s) will be addressed E.3 Cost Information a. Identify costs incurred during the quarter by Grantee and each subcontractor working on the Project. Include hours per item worked on during the quarter for above personnel. b. Discuss how the actual budget is progressing in comparison to the latest budget in Exhibit B, Project Budget. c. Provide a revised budget, by work item, if changed from the latest budget in Exhibit B, Project Budget. E.4 Schedule Information a. Provide a Project schedule showing actual progress versus planned progress from the latest schedule in Exhibit C, Schedule. b. Discuss how the actual schedule is progressing in comparison to the latest schedule in Exhibit C, Schedule. c. Provide a revised schedule, by work item, if changed from the latest schedule in Exhibit C, Schedule. E.5 Invoice Projections a. Submit Invoice Projection form Grant Agreement No. 05- 230 -55042 Page 1 of 21 394Oeso�� a�s�8 z State Of California Grant Agreement Between The State Of California STATE WATER RESOURCES CONTROL BOARD And City of Newport Beach Agreement No. 05- 230 - 55042 The original Agreement approved by the State Water Board on May 16, 2006, is hereby amended on November 26, 2007, and subsequently amended on June 11, 2008 to extend work completion and end term dates and revise Exhibits A, B, D, to and GE (deletions shown as stricken and revisions in bold and underline). Except as noted herein, all other terms and conditions shall remain the same. Integrated Coastal Watershed Management (ICWM) Plans (WC § 79563) THIS AGREEMENT is entered into on January 2, 2006, by and between the State Water Resources Control Board, hereinafter called "State," and City of Newport Beach, a city, hereinafter called "Grantee," which parties do hereby agree as follows: 1. PURPOSE. State shall provide a grant from the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 to Grantee for the purpose of developing new or completing new or updating existing ICWM plans or to develop, complete, or modify a component of an ICWM Plan. 2. GRANT AMOUNT. The maximum amount payable under this Agreement shall not exceed $397,500. 3. TERM OF AGREEMENT. The term of the Agreement shall begin on January 2, 2006 and continue through Project completion plus #wee— (3)th1i h -five (351 years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY SEPTEMBER 1, 20062009. 4. GRANTEE's RESPONSIBILITIES. Grantee shall faithfully and expeditiously perform or cause to be performed all Project work as described in Exhibit A, Scope of Work. Grantee shall comply with all of the terms and conditions of this Agreement and with Chapter 8 (commencing with Section 79560) of Division 26.5 of the California Water Code. 5. GRANTEE COSTS. The reasonable costs of the Project are estimated to be $629,019. Grantee agrees to fund the difference between the estimate of Project cost in its grant application and the grant amount specified in Paragraph 2, if any. Grantee cost share is estimated to be $231,519. Grantee shall provide State evidence that such funds have been expended by work item prior to submittal of a request for State grant fund reimbursement. 6. ELIGIBLE PROJECT COSTS. Grantee shall apply State funds received only to eligible Project costs in accordance with applicable provisions of the law and Exhibit C, Project Budget. Costs that are not eligible for reimbursement include but are not limited to: Costs incurred prior to effective date of this Agreement; Replacement of existing funding sources for ongoing programs; Support of existing agency requirements and mandates; Payment of principal or interest of existing indebtedness or any interest payments unless the debt is incurred after execution of this Agreement, the State agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred, and the purposes for which the debt is incurred are otherwise eligible Project costs; and Overhead not directly related to Project costs. 7. METHOD OF PAYMENT. Payment will be made no more frequently than quarterly, in arrears, upon I' Grant Agreement No. 05- 130 - 55042 receipt of an invoice bearing the Agreement number, by State's Grant Manager at the address shown in Section 8 of this Agreement. Invoices must be accompanied by appropriate receipts and reports. The invoice shall contain the date of the invoice; the time period covered by the invoice; the total amount due; and original signature and date (in ink) of Grantee's authorized representative. Invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries /wages /consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). Final invoice shall be clearly marked '_'FINAL INVOICE" and submitted NO LATER THAN OCTOBER 1, 20082009. 8. PROJECT REPRESENTATIVES The Project Representatives during the term of this Agreement will be: State Water Resources Control Board Grantee: City of Newport Beach Name: Steve McMasters, Grant Mana er Name: Dave Kiff, Project Director Address: 1001 1 Street, 16 Floor Sacramento, CA 95814 Address: 3300 Newport Blvd. Newport Beach, CA 92663 Phone: 916 341 -5716 Phone: 949 644 -3002 Fax: 916 341 -5707 Fax: 949 644 -3020 e -mail: smcmasters@waterboards.ca.gov e-mail: dkiff ci .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: Public Works Department Attention: Pam Nichols, Pro ram Analyst Attention: Robert Stein, Grant Contact Address: 1001 1 Street, 17 Floor Sacramento, CA 95814 Address: 3300 Newport Blvd. Newport Beach, CA 92663 Phone: 916 341 -5909 Phone: 949 644 -3322 Fax: 916 341 -5296 Fax: 949 644 -3020 e -mail: nichols waterboards.ca. ov e-mail: rstein cit .new ort- beach.ca.us Either party may change its Project Representative upon written notice to the other party. 9. PROGRESS REPORTS. Grantee shall submit, via email, quarterly progress reports to the State'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 provide a brief description of the work performed, accomplishments during the quarter, milestones achieved, invoice projections, description of progress on the plan, any data developed or information gained, any costs incurred, any schedule impacts, and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. The submittal of these reports is a requirement for initial and continued disbursement of funds. Report format is attached as Exhibit E, Progress Report Format. The progress report must explain the method used to compute the amount due. 10. FINAL REPORT. Grantee shall prepare and submit to State, upon completion of the Project, a Final Report, which shall include: 1) an Executive Summary; 2) a comparison between the planned schedule in the Agreement and actual timeline and explain the differences; and 3) a discussion of major problems that occurred in meeting the Project goals and objectives as proposed and how and if they were resolved. The Final Report shall also contain a detailed description and analysis of Project results, and a summary of the costs incurred and disposition of funds disbursed. The Final Report shall be provided in hard copy and digital format prior to final payment of grant funds retained by State. 11. PERFORMANCE EVALUATION. Grantee's performance under this Agreement will be evaluated by State after completion. & C�? Grant Agreement No. 05- 230 - 55042 12, GRANT SUMMARY FORM. Grantee shall complete a one (1) page Grant Summary Form http / /www waterboards ca aov/ fundingldocs /grantinfo /grantsum 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 State website posting. 13. SURVEY FORM. At the completion of this Project, the Grantee shall complete and submit electronically a Natural Resource Project 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. 14. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Agreement shall be in writing. Notices may be sent by any of the following means: (1) by delivery in person; (ii) by certified U.S. mail, return receipt requested, postage prepaid; (iii) by "overnight" delivery service; provided that next - business -day delivery is requested by the sender; or (iv) by facsimile transmission. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given five (5) business days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent by facsimile will be effective on the date of successful transmission, which is documented in writing. Either party may, by written notice to the other, designate a different address that shall be substituted for the one above. The Grantee shall promptly notify the State 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 State, and the State has given written approval for such change. The Grantee shall notify the State 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 State's representatives. The Grantee shall promptly notify the State in writing of completion of work on the Project, 15. STANDARD PROVISIONS. The following exhibits are attached and made a part of this Agreement by this reference: Exhibit A Scope of Work Exhibit B Project Schedule Exhibit C Project Budget Exhibit D Standard Conditions Exhibit E Progress Report Format Exhibit F Grantee Resolution Exhibit G Travel and Per Diem Expenses 16. GRANTEE REPRESENTATIONS. 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. Grant Agreement No. 05-230-55042 Page 4 of 21 IN WITNESS THEREOF, the parties have executed this Agreement on the dates set forth below. By: h. , By: rantee Signatur a L. Evoy, Deputy Director State ater Resources Contro ivisi n of Financial Assistance HOMER BLUDAU Grantee Typed/Printed Name CITY MANAGER 12/10/08 Title and Date Date Reviewed by: .A,4 Office of Chief Counsel Date: Grant Agreement No. 05- 230 - 550-12 Page 5 of 271 EXHIBIT A SCOPE OF WORK 1. Project Assessment and Evaluation Plan, Monitoring Plan, Quality Assurance Project Plan, California Environmental Quality Act 1.1 PROJECT ASSESSMENT AND EVALUATION PLAN. All projects are required to prepare and implement a Project Assessment and Evaluation Plan (PAEP) (aka Project Monitoring and Performance Plan) to detail the methods of measuring Project benefits and reporting them in accordance with a PAEP. Many projects include multiple activities that will require measurement of several parameters to evaluate Project performance. All implementation projects that propose pollution load and/or concentration reductions must report such reductions annually. Projects addressing sediment and nutrients must report annual pollutant load reductions. Projects protecting, restoring or creating streams, shorelines, or wetlands, must report an annual accounting of the acres of wetlands restored and created, feet of streambank and shoreline protected and feet of stream channel stabilized. The Grant Manager shall approve the PAEP prior to implementation of monitoring and performance assessment and /or evaluation actions. Guidance for preparing the PAEP is available at hftp://www.waterboards.ca.gov/fundinq/paeip.html. 1.2 MONITORING PLAN. If environmental water quality monitoring (chemical, physical, or biological) is undertaken, the Grantee shall prepare, maintain, and implement a Monitoring Plan (MP) as described on Page 9 of the Agricultural Water Quality Grant Program Guidelines (August 26, 2004). The MP shall include, but is not limited to, a description of the monitoring objectives, types of constituents to be monitored, and the sampling location frequency /schedule for the monitoring activities. The Grant Manager shall approve the MP 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. 1.3 QUALITY ASSURANCE PROJECT PLAN. If an MP is prepared, the Grantee shall also prepare, maintain, and implement a Quality Assurance Project Plan (QAPP) in accordance with the SWRCS's Surface Water Ambient Monitoring Program's (SWAMP) QAPP and data reporting requirements, and the USEPA QAPP, EPA AQ /R5, 3/01. Water quality monitoring data includes physical, chemical, and biological monitoring of any surface water. Electronic submittal of data collected in accordance with SWAMP shall be required. The QAPP shall be approved by the 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. Guidance for preparing the QAPP is available at hftp:l/www.waterboards.ca.gov/swamplqai)l).htmi. 1.4 CALIFORNIA ENVIRONMENTAL QUALITY ACT OR NATIONAL ENVIRONMENTAL POLICY ACT. 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 and the SWRCB has given environmental clearance. 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. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. 2. WORK TO BE PERFORMED BY GRANTEE 2.1 Plan Preparation Activities 2.1.1 Gather existing information about the Areas of Special Biological Significance (ASBS) and Critical Coastal Areas (CCA), including studies done by area colleges and Orange County Coastkeeper, and including historic water quality data from the Orange County Health Care Agency (OCHCA). 21.2 Establish and convene the Central Coast Orange County Integrated Coastal Grant Agreement No. 05- 230 - 55042 Page 6 of2l Watershed Management Plan (ICWMP) Technical Advisory Committee (TAC). TAC membership shall include representatives of the cooperating entities. 2.1.3 Meet with impacted resources agency representatives to discuss and respond to comments or questions about the key program elements. 2.1.4 Develop and finalize a timeline for the ICWMP. 2.1.5 Identify names of any subcontractor team members and submit to Grant Manager for approval. 2.2 Public Use Impact Report 2.2.1 Review Background Data and Reports a. Compile information on the spatial and temporal impact by public use on the sensitive marine life areas. b. Review reports provided by County officials, the Marine Protection Officer in Laguna Beach, and the Tidepool Ranger Program Coordinator in Newport Beach. c. Review local and state enforcement activities and practices at each ASBS. d. Review existing ASBS Management Plans, Public Use Studies and Social Impact Assessments. e. Review the Montage Resort Marine Resources Public Use Study and compare with public use studies performed at Pacific Grove, Santa Monica and Duxbury Reef. f. Prepare a Public Use Monitoring /Social Impact Report and submit recommendations to the TAC for comments. g. Incorporate recommendations from the TAC, finalize report and submit to Grant Manager. 2.3 Urban Runoff Flow and Water Quality Assessment 2.3.1 Review baseline data and summary of flow and constituents in the Newport Beach Marine Life Refuge, Irvine Coast Marine Life Refuge and Heisler Park Ecological Reserve Watershed per an approved Sampling and Analysis Plan and a QAPP. 2.32 Review related water quality data from the Orange County Stormwater Program, Newport Coast Watershed plan and Clean Beaches Initiatives grant projects. a. Collect flow and water quality data at Heisler Park. b. Perform acute and toxic bioassays at Heisler Park and Little Corona. This information will be used to address questions posed by the State regarding waste discharges to the ASBSs. 2.3.3 Develop an ASBS Drainage Area Water Quality Assessment Report for the three (3) ASBS watershed drainage areas, including a summary of the information gathered and learned via this Assessment. a. Submit to TAC for review and comment; incorporate TAC comments in Final Assessment. b. Prepare the final ASBS Drainage Area Water Quality Assessment Report and submit to the Grant Manager. 2.4 Cross - Contamination Impacts 2.4.1 Review the results from the Newport Coast Flow and Water Quality Assessment, Newport Coast Groundwater Seepage Analysis, the Laguna Beach Flow and Water Quality Assessment, OCHCA water monitoring studies, and the partnering cities' existing dry- weather flow reduction programs. 2.42 Collect and review information on existing coastal watershed programs, marine habitat studies and monitoring programs relevant to this study. 2.4.3 Establish the range of loading rates for specific constituent(s) discharged from Buck Gully, Crystal Cove, Laguna Canyon and large storm drain outfall near Heisler Park based on review of available water quality data for constituents and flow. 2.4.4 Review and analyze available water quality data for CCA #69 and the Newport Bay Marine Life Refuge (NB MLR) to identify possible correlations and trends between Grant Agreement No. 05- 230 - 550 -42 Page 7 of 21 pollutant loadings in CCA #69 and water quality at NB MLR. Identify possible harbor sources that could impact the marine areas at NB MLR and further south along the coastline. 2.4.5 Review available sediment discharge data from creeks and rivers, as well as longshore and cross -shore sediment transport characteristics along the ASBS' coastline to estimate the sediment budget along the coastline. 2.4.6 Review available data about longshore current and pollutant transport data for the Region's coastline. If longshore data are not available, they will be estimated based on the wave conditions for the Region's coastline since longshore currents are resulted from waves breaking along the shoreline. 2.4.7 Prepare a Pollutant Loading Report summarizing loading of sediment and constituents of concern in the canyons and along the coastline. The report will summarize longshore and wave data along the coast. 2.4.8 Expand the Cities' of Newport Beach and Laguna Beach Geographic Information Systems (GIS) databases to incorporate pollutant and sediment loadings along the coast. Submit the GIS information to the County of Orange for incorporation into the Orange County Stormwater program GIS database. 2.4.9 Develop a Hydrodynamic and Water Quality (H &WQ) Model that covers several miles of shoreline of the study area including the Newport Bay and Harbor and other river and creek mouths. Using the model results, determine if the constituents from the Harbor and other coastal canyons have the potential to reach the ASBSs based on tidal currents, longshore currents, and mixing. 2.4.10 Estimate the typical currents in the habitat areas using the H &WQ Model developed under Work Item 2.4.9. The modeling effort will be supplemented by a wave analysis for the habitat area to determine the combined wave- current induced shear stresses over the area and an evaluation of potential sediment erosion and deposition for the study area based on the estimated wave - current induced stress and the sediment characteristics for the habitat area. 2.4.11 Complete a Particle Tracking Analysis to determine the most probable direction for sediment discharges and other pollutants of concern from the designated areas under various tide, discharge and wave conditions. 2.4.12 Prepare a draft Cross - Contamination Impact Report and submit to TAC for review and comment. 2.4.13 Prepare the final Cross - Contamination Impact Report and submit to the Grant Manager. 2.5 ASBS Research and Data Collection and Pilot Renovation Program 2.5.1 Collect and review data from other Marine Protection Areas, ASBSs, and CCAs in Orange County. Identify additional surveys needed to categorize biodiversity including photo monitoring, tracking key species, and monitoring reproduction and successful recruitment. 2.5.2 Review the results of the Newport Coast Watershed Flow and Water Quality assessment that quantifies constituent loadings for the various pollutants found in Buck Gully. Review the results of the Laguna Beach Flow and Water Quality assessment that quantifies constituent loadings for the Laguna Canyon and other large storm drain outfalls near Heisler Park. Compare these loadings with other studies along the Pacific Coast. 2.5.3 Define a controlled laboratory, Toxicological Study to look for relationships between intertidal organisms and pollutant loading in coastal canyons as follows. Review the literature for toxicological studies performed for plant and invertebrate species in rocky intertidal areas similar to those found along the coast of California. Prepare recommendations for a study of key, constituents that may likely have significant impacts on marine life areas that merit further study. Develop a narrowly defined Toxicological Study to look at changes in development, growth and reproductive success of a key marine species when impacted with different dilutions of several identified pollutants. 2.5.4 Conduct the toxicological study and prepare a report for the Grant Manager's Grant Agreement No. 05- 230 -55042 Page 8 of 21 review and approval. 2.5.5 Define baseline information needed in order to track the evolution of ASBS health as mitigation measures are implemented. Prepare a Mitigation Monitoring Plan (MMP), per the requirements of Work Item 1.2, including a photo documentation program and a Comparison Study to track changes at Little Corona as compared to a reference rocky intertidal site. Determine a reference watershed within the Irvine Coast for comparison of natural versus urbanized water quality conditions. Submit the MMP and Comparison Study to the TAC for approval. 2.5.6 Implement the MMP and Comparison Study. 2.5.7 Define passive and active options to accelerate recovery of the ASBSs. Develop strategies for renovating the rocky intertidal areas. Define planning activities and required conditions for initiating a habitat renovation experimental program. Recommend additional surveys as needed to categorize biodiversity including photo monitoring, tracking key species, and monitoring reproduction and successful recruitment. Submit recommendations to the TAC for review, comments and approval. Based on the TAC comments, recommend a Pilot Renovation Experiment to the State and California Coastal Commission in the rocky intertidal area at Little Corona to reintroduce and monitor a key species into the ASBS. 2.5.8 Implement a Pilot Renovation Experiment in the rocky intertidal area at Little Corona to reintroduce and monitor a key species into the ASBS. Monitor the renovation program per the approved MMP. 2.5.9 Add three (3) ASBSs to the Mineral Management Services' water quality tracking program. Compare results with other region -wide ASBS studies. 2.6 Coordinate Elements into ICWMP 2.6.1 Develop a quantitative methodology (metric) based on population abundance and diversity, invasive species, animal maturities, public use, canyon contamination, and cross contamination to allow comparison of the condition of the ASBS's to a theoretical healthy ASBS. The metric will consider public use and contamination impacts. The metric will provide an initial basis for prioritizing management measures to protect and renovate ASBS areas. 2.6.2 Prepare the draft ICWMP for this region. The ICWMP will include the Work Item reports and identify critical actions to reduce negative impacts, facilitate beneficial public use, renovate the rocky intertidal areas, and monitor the health and progress of each marine life area in the study region. The ICWMP shall recommend specific ASBS protection projects and management measures. The ICWMP shall examine how watershed activities can be modified while still protecting public access and watershed development activities. The ICWMP shall identify data and information gaps. 2.6.3 Submit the draft ICWMP to the TAC for review and comment. 2.6.4 Following Grant Manager approval, finalize and distribute the final ICWMP for the Central Coast Orange County ICWMP area. 2.7 CEQA Documentation and Permits 2.7.1 Obtain a list of necessary permits from required regulatory agencies. 2.7.2 Submit copies of permits to Grant Manager. 2.8 Community Outreach and Agency Training 2.81 Provide all submittal information on websites or links to the information. 2.8.2 Hold one (1) or more public forums to include non -TAC interested parties. Supply Grant Manager with a copy of meeting minutes. 2.8.3 Produce and distribute a training manual for stakeholders, city staff, and agency staff. Grant Agreement No. 05- 230 -55042 Page 9 of 21 EXHIBIT B — PROJECT SCHEDULE Item DESCRIPTION DUE DATE 7. Method of Payment (Invoice) Quarterly 12. Grant Summary Form Day 90 13. Natural Resource Projects Inventory (NRPI) Project Survey Form Before final invoice REPORTS 9. Progress Reports by the twentieth (20 ) of the month following the end of the calendar quarter (March, June, September, and December) Quarterly 0. Final Project Report 08/8809 EXHIBIT A — SCOPE OF WORK 1.0 Project Assessment and Evaluation Plan, Monitoring Plan, Quality Assurance Project Plan, California Environmental Quality Act 1.1 Project Assessment and Evaluation Plan (PAEP) 6105 1.2 Monitoring Plan (MP) 10106 1.3 Quality Assurance Project Plan (QAPP) 10106 1.4 Copy of final CEQA/NEPA documentation Any activity in the scope of work subject to CEQA cannot begin prior to receipt of environmental clearance from the SWRCB 2107 2.0 WORK TO BE PERFORMED BY GRANTEE 2.1 Plan Preparation Activities 21.1 List of reviewed materials 5106 2.1.2 TAC Meeting Minutes 6/06 2.1.3 Agency Meeting Minutes 6 106 2.1.4 ICWMP Timeline 6106 2.1.5 Identify Subcontractor Team Members 6/06 2.2 Public Use Impact Report 2.2.1 Memo of reviewed background data and reports 6/06 2.2.1.g Public Use Monitoring/Social Impact Report 03/08 2.3 Urban Runoff Flow and Water Quality Assessment 2.3.1 List of reviewed baseline information 5106 2.3.2 Sampling results at Heisler Park and Little Corona 03/08 2.3.3 Water Quality Assessment Report 03/08 2.4 Cross - Contamination Impacts 2.4.1 Memo on existing flow and water quality data 8/06 2.4.2 Memo regarding existing coastal watershed programs 8/06 2.4.3 Memo on existing loading rates 02 /08 2.4.4 Memo on Newport Bay water quality 03/08 Grant Agreement No. 05- 130 - 55042 Page 10 of 21 Item DESCRIPTION DUE DATE 2.4.5 Memo on creek and river water quality discharges 8106 2.4.6 Memo on longshore currents and pollutant transport data 8/06 2.4.7 Pollutant Loading Report 10106 2.4.8 Listing of GIS database expansion 2/07 2.4.9 Report on a hydrodynamic and water quality numerical model development 03/08 2.4.10 Memo on typical currents in habitat areas 03/08 2.4.11 Particle Tracking Analysis 03108 2.4.12 Draft Cross Contamination Impact Report 03 /08 4.13 Final Cross Contamination Impact Report 8408/08 2.5 ASBS Research and Data Collection and Pilot Renovation Program 2.5.1 Memo of reviewed data 7/06 2.5.2 Memo comparing constituent loadings from Laguna Canyon and Newport Coast Watersheds 03108 2.5.3 Toxicological study recommendations 03/08 2.5.4 Report on implemented toxicological study 04108 2.5.6 Memo on implementation of Comparison Study 11/06 5.7 Pilot Renovation Experiment recommendations 5/8703/09 5.8 Memo on the Pilot Renovation Experiment 918705/09 2.6 Coordinate Elements into ICWMP 2.6.1 ASBS Impact Metric 9/06 1.6.2 Draft ICWMP 05/8809 6.4 Final ICWMP 06/8809 2.7 CEQA Documentation and Permits 2.7.2 Copies of permits obtained 02107 2.8 Community Outreach and Agency Training .8.1 Incorporate ASBS submittal information on City Website 85/0802109 2.8.2 Public Forum meeting minutes 04/08 8.3 Stakeholder Training Manual 0610802/09 Professional and Consultant Services $392,500 $132,500 $525,000 Research and numerical modeling consulting services Public use monitoring and statistical analyses consulting services Toxicological researcher Marine Life Area biologists Regulatory Coordinator TOTAL $397,500 $231,519 $629,019 Grant Agreement No. 05- 230 -55042 Page 11 of2l EXHIBIT C — PROJECT BUDGET 1. Line Item Budget PROP. 50 MATCH TOTAL Personnel Services $0 $99,019 $99,019 Classification Hours Wage /Hour Project Director 66 $80.58 Principal Engineer 700 57.59 Senior Water Quality Specialist 100 41.86 Tidepool Supervisor 300 37.50 Administrative Assistant 60 35.05 GIS Analyst 400 37.87 Senior Water Quality Analyst 400 50.00 Operating Expenses Directly Related to Project $5,000 $0 $5,000 Includes: Travel Expenses Supplies (less than $5,000 per item) Professional and Consultant Services $392,500 $132,500 $525,000 Research and numerical modeling consulting services Public use monitoring and statistical analyses consulting services Toxicological researcher Marine Life Area biologists Regulatory Coordinator TOTAL $397,500 $231,519 $629,019 Grant Agreement No. 05- 230 - 55042 Page 12 of 21 EXHIBIT D STANDARD CONDITIONS 1. ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENT: a) Separate Accounting of Grant Disbursement and Interest Records: Grantee shall account for the money disbursed pursuant to this Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times. b) 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. c) Remittance of Unexpended Funds: Grantee, within a period of sixty (60) calendar days from the final disbursement from State to Grantee of grant funds, shall remit to State any unexpended funds that were disbursed to Grantee under this Agreement and were not needed to pay eligible project costs. 2. ACKNOWLEDGEMENT OF CREDIT: Grantee shall include appropriate acknowledgement of credit to the State and to all cost - sharing partners for their support when promoting the Project or using any data and /or information developed under this Agreement. 3. 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. 4. AMERICANS WITH DISABILITIES ACT: By signing this Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 5. AUDITS: 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 three (9 thirty -five (351 years after final payment, unless a longer period of records retention is stipulated. Grantee agrees to allow the auditors) 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. After completion of the Project, State may require Grantee to conduct a final audit, at Grantee's expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Agreement, and State may elect to pursue any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State. 6. BUDGET CONTINGENCY: 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 STATE 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 Grant Agreement No. 05- 230 - 55042 Page 13 ofll 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. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a). The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 8. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations in Grantee's contracts with other entities for acquisition of goods and services and construction of public works with funds provided by State under this Agreement. 9. 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. 10. CONFLICT OF INTEREST a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. b) Former State Employee: For the two -year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision - making process relevant to the contract while employed in any capacity by any State agency. For the twelve -month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy- making position in the same general subject area as the proposed contract within the twelve -month period prior to his or her leaving State service. 11. 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. 12. DELIVERY OF INFORMATION, REPORTS, AND DATA. 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 State. 13. DISBURSEMENTS. Following the review of each invoice, State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. 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. All money disbursed pursuant to this Agreement shall be deposited, administered, and accounted for pursuant to the provisions of applicable law. Grant Agreement 1& 05- 230 - 55042 Page 14 ofll 14. DISPUTES. Grantee shall continue with the responsibilities under this Agreement during any dispute. In the event of an invoice dispute, payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided 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. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director 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 State'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 State's Executive Director. The decision of the State'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 State, or any official or representative thereof, on any question of law. 15. DRUG -FREE WORKPLACE CERTIFICATION Certification of Compliance: By signing this Agreement, Grantee, its contractors or subcontractors, hereby certify, under penalty of perjury under the laws of the State of California, compliance with the requirements of the Drug -Free Workplace Act of 1990 (Government Code 8350 at seq.) and have or will provide a drug -free workplace by taking the following actions: a) Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code Section 8355(a). b) Establish a Drug -Free Awareness Program, as required by Government Code Section 8355(b) to inform employees, contractors, or subcontractors about all of the following: 1. The dangers of drug abuse in the workplace, 2. Grantee's policy of maintaining a drug -free workplace, 3. Any available counseling, rehabilitation, and employee assistance programs, and 4. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. c) Provide as required by Government Code Sections 8355(c), that every employee, contractor, and /or subcontractor who works under this Agreement: Will receive a copy of Grantee's drug -free policy statement, and Will agree to abide by terms of Grantee's condition of employment, contract or subcontract. 16. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 17. 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. 18. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantee, if any, in the performance of the Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. Grant Agreement No. 05- 130 -55042 Page 15 of 21 19. INSPECTIONS: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Agreement. This right shall extend to any subagreements, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Agreement with State. Grantee acknowledges that the Project work site will be reportable under the Public Records Act. State shall have the right to inspect the Grantee's office at any and all reasonable times after completion of the Project to ensure compliance with the terms and conditions of this Agreement. During regular office hours, State shall have the right to inspect and to make copies of any books, records, or reports of the Grantee relating to this Agreement. Grantee shall maintain and shall make available at all times for such inspection accurate records of its costs, disbursements, and receipts with respect to its activities under this Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests. 20. NO THIRD PARTY RIGHTS: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third parry as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established herein. 21. NONDISCRIMINATION: During the performance of this Agreement, Grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Grantee and contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a -)I et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the Agreement. 22. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing its obligations under this Agreement. Grantee shall comply with the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.) and other applicable federal, State and local laws, rules, and regulations, guidelines, and requirements prior to disbursement of funds under this Agreement. Without limiting the foregoing, Grantee shall keep informed of and take all measures necessary to ensure compliance with California Labor Code requirements, including but not limited to Section 1720 at seq.. of the California Labor Code regarding public works. 23. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water Resources Control Board or any Regional Water Quality Control Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this agreement, the Grantee agrees to complete the Project funded by this agreement or to repay all of the grant funds plus interest. 24. REMEDIES, 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 State 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 State shall not preclude the State 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. Grant Agreement No. 05- 230 -55042 Page 16 of21 25. RETENTION: Notwithstanding any other provision of this Agreement, the State may retain up to ten percent (10 %) of the grant amount specified in this Agreement until completion of the Project and is accepted by the State. 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 State 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. SEVERABILITY of UNENFORCEABLE PROVISION: If any provision of this Agreement is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this Agreement shall be construed to remain fully valid, enforceable, and binding on the parties. 28. 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 State 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 State against any loss or liability arising out of any claim or action brought against 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 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 the Agreement. 29. SUCCESSORS AND ASSIGNS: This Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose. 30. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant funds shall not be used for supplemental environmental projects required by Regional Water Quality Control Boards. 31. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Agreement may be terminated by written notice at any time prior to completion of the Project, at the option of the State, 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 State. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the State 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. 32. TIMELINESS: Time is of the essence in this Agreement Grant Agreement No. 05- 230 - 55042 Page 17 oj21 33. TRAVEL: Travel includes the costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Agreement. Travel will be reimbursed at or below the rate allowed for unrepresented State employees, Exhibit G, Travel and Per Diem Expenses. For the purpose of computing such expenses, Grantee's designated headquarters shall be that as shown on Section 8 of this Agreement) No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. 34. VENUE: The State 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. 35. WAIVER OF RIGHTS: As a material condition of this Agreement, the Grantee agrees that acceptance of any disbursements under this Agreement shall effect a waiver of any right of action (including pending actions) against the State Water Resources Control Board (SWRCB) or any Regional Water Quality Control Board (RWQCB) to challenge any regulation or order of the SWRCB or the RWQCB, which either requires performance of the Project, or though not required, whose terms or conditions would be satisfied in whole or in part by performance of the Project. This waiver shall not apply to internal administrative review by the SWRCB of its own or a RWQCB's regulation or order, but it shall apply to judicial review thereof. This paragraph shall not apply to litigation arising due to disputes related to the performance of this Agreement. Any waiver by either party of rights arising in connection with this Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. 36. WITHHOLDING OF GRANT DISBURSEMENTS: The State 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. Grant Agreement No. 05- 230 - 55042 Page 18 of21 EXHIBIT E PROGRESS REPORT FORMAT Grantee shall use the following outline as a template for Progress Reports. E.1 Executive Summary a. Provide a brief summary of the items contained in the body of the report. E.2. Report Status a. Describe work performed during the quarter: b. Describe major accomplishments, such as: 1. Items of work completed 2. Milestones met 3. Meetings held or attended 4. Press release, etc. c. Discuss any issues or concerns that may affect the schedule or budget and include recommendations on how to correct the matter(s). d. Discuss activities planned for the next reporting period 1. A description of work to be performed in the next period 2. Issueslconcems that may affect the schedule or budget in the future and how the matter(s) will be addressed E.3 Cost Information a. Identify costs incurred during the quarter by Grantee and each subcontractor working on the Project. Include hours per item worked on during the quarter for above personnel. b. Discuss how the actual budget is progressing in comparison to the latest budget in Exhibit B, Project Budget. c. Provide a revised budget, by work item, if changed from the latest budget in Exhibit B, Project Budget. E.4 Schedule Information a. Provide a Project schedule showing actual progress versus planned progress from the latest schedule in Exhibit C, Schedule. b. Discuss how the actual schedule is progressing in comparison to the latest schedule in Exhibit C, Schedule. c. Provide a revised schedule, by work item, if changed from the latest schedule in Exhibit C, Schedule. E.5 Invoice Projections a. Submit Invoice Projection form 0 14�' Grant Agreement No. 05- 230 -55042 Page 19 of 21 EXHIBIT F GRANTEE RESOLUTION HAS BEEN DELIBERATELY DELETED CS- Grant Agreement No. 05- 230 - 55042 Page 20 of 11 EXHIBIT G TRAVEL AND PER DIEM EXPENSES Additional information on travel and per diem expenses may be found at the following website: hftp://www.dpa.ca.gov/jobinfo/statetravel.shtm SHORT -TERM PER DIEM EXPENSES A. In computing reimbursement for continuous short-term travel of more than 24 hours and less than 31 consecutive days, the employee will be reimbursed for actual costs up to the maximum allowed for each meal, incidental, and lodging expense for each complete 24 hours of travel, beginning with the traveler's times of departure and return, as follows: 1. On the first day of travel on a trip of 24 hours or more: 2. On the fractional day of travel at the end of a trip of more than 24 hours: Trip ends at or after 8 a.m. Breakfast may be claimed. Trip ends at or after 2 p.m. Lunch maybe claimed. Trip ends at or after 7 p.m. Dinner maybe claimed. If the fractional day includes an overnight stay, receipted lodging may also be claimed. No meal or lodging expense may be claimed or reimbursed more than once on any given date or during any 24 -hour period. 3. Reimbursement shall be for actual expenses, subject to the following maximum rates: Breakfast 1 $ 6.00 Lunch $ 10.00 Receipts are not required for regular Dinner $ 18.00 short-term travel meals Incidentals $ 6.00 Actual uD to When required to conduct State business and obtain lodging in the counties of Los Angeles and San Diego, reimbursement will be for actual receipted lodging to a maximum of $110 plus tax. When required to conduct State business and obtain lodging in the counties of Alameda, San Francisco, San Mateo, and Santa Clara, reimbursement will be for actual receipted lodging to a maximum of $140 plus tax. If lodging receipts are not submitted, reimbursement will be for meals only at the rates and time frames set forth in B.1 below. Grant Agreement No 05- 230 - 55042 Page 21 of 21 B. In computing reimbursement for continuous travel of less than 24 hours, actual expenses, up to the maximums in A.3 above, will be reimbursed for breakfast and /or dinner and/or lodging in accordance with the following time frames: 1. Travel begins at or before 6 a.m. and ends at or after 9 a.m.: Breakfast may be claimed. Travel begins at or before 4 p.m. and ends at or after 7 p.m.: Dinner may be claimed. If the trip of less than 24 hours includes an overnight stay, receipted lodging may be claimed. No lunch or incidentals may be reimbursed on travel of less than 24 hours. 2. Employees on short-term travel who stay in commercial lodging establishments or commercial campgrounds will be reimbursed for actual lodging expenses substantiated by a receipt. Employees who stay with friends or relatives, or who do not produce a lodging receipt, will be eligible to claim meals off. II. LONG -TERM TRAVEL AND PER DIEM EXPENSES A. Employee maintains a separate residence in the headquarters area: 1. Long -term travelers who maintain a permanent residence at their primary headquarters may claim daily long -term lodging up to $24.00 with a receipt, and long- term meals of $24.00 for each period of travel from 12 to 24 hours at the long -term location. For travel of less than 12 hours, the traveler may claim either $24.00 in receipted lodging or $24.00 in long -term meals. B. Employee does not maintain a separate residence in headquarters area: 1. Long -term travelers who do not maintain a permanent residence at their headquarters may claim daily receipted lodging up to $12.00, and long -term meals of $12.00 for each period of travel from 12 to 24 hours at the long -tens locations. For travel of less than 12 hours, the travelers may claim either $12.00 in receipted lodging or $12.00 in long -term meals. III. MILEAGE REIMBURSEMENT Reimbursement for personal vehicle mileage is 50.5 cents per mile and beginning July 1, 2008, authorization is obtained from the Grant Manager. tea O late disab l'Fe 6 97 Gents n mile IV. VEHICLE RENTAL Reimbursement for vehicle rental shall be for actual and necessary costs of such rental and airplane usage shall be allowed at the lowest fare available. Claims for reimbursements shall be allowed upon submittal of the appropriate receipt. Refer to California Code of Regulations, Title 2, Sections 599.627 and 599.628. • Gr• Agreement No. 05- 230 - 55041 Page I of j221 4`1 DGS box 20gq 0 osdolal ,3l 8 State Of California Grant Agreement Between The State Of California STATE WATER RESOURCES CONTROL BOARD And City of Newport Beach Agreement No. 05- 230 - 550-91 Integrated Coastal Watershed Management (ICWM) Plans (WC § 79563) THIS AGREEMENT is entered into on January 2, 2006, by and between the State Water Resources Control Board, hereinafter called "State," and City of Newport Beach, a city, hereinafter called "Grantee," which parties do hereby agree as follows: 1. PURPOSE. State shall provide a grant from the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 to Grantee for the purpose of developing new or completing new or updating existing ICWM plans or to develop, complete, or modify a component of an ICWM Plan. 2. GRANT AMOUNT. The maximum amount payable under this Agreement shall not exceed $397,500. 3. TERM of AGREEMENT. The term of the Agreement shall begin on January 2, 2006 and continue through Project completion plus three (3) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY MA 44 14 SEPTEMBER 1, 2008. 4. GRANTEE's RESPONSIBILITIES. Grantee shall faithfully and expeditiously perform or cause to be performed all Project work as described in Exhibit A, Scope of Work. Grantee shall comply with all of the terms and conditions of this Agreement and with Chapter 8 (commencing with Section 79560) of Division 26.5 of the California Water Code. 5. GRANTEE COSTS. The reasonable costs of the Project are estimated to be $629,019. Grantee agrees to fund the difference between the estimate of Project cost in its grant application and the grant amount specified in Paragraph 2, if any. Grantee cost share is estimated to be $231,519. Grantee shall provide State evidence that such funds have been expended by work item prior to submittal of a request for State grant fund reimbursement. 6. ELIGIBLE PROJECT COSTS. Grantee shall apply State funds received only to eligible Project costs in accordance with applicable provisions of the law and Exhibit C, Project Budget. Costs that are not eligible for reimbursement include but are not limited to: Costs incurred prior to effective date of this Agreement; Replacement of existing funding sources for ongoing programs, Support of existing agency requirements and mandates; Payment of principal or interest of existing indebtedness or any interest payments unless the debt is incurred after execution of this Agreement, the State agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred, and the purposes for which the debt is incurred are otherwise eligible Project costs; and Overhead not directly related to Project costs. 7. METHOD OF PAYMENT. Payment will be made no more frequently than quarterly, in arrears, upon • CFantAgreement No. 05- 230 - 550 -01 Page 2 of 3321 receipt of an invoice bearing the Agreement number, by State's Grant Manager at the address shown in Section 8 of this Agreement. Invoices must be accompanied by appropriate receipts and reports. The invoice shall contain the date of the invoice; the time period covered by the invoice; the total amount due; and original signature and date (in ink) of Grantee's authorized representative. Invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries /wages /consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). Final invoice shall be clearly marked `FINAL INVOICE" and submitted NO LATER THAN APRII OCTOBER 1, 2008. S. PROJECT REPRESENTATIVES The Project Representatives during the term of this Agreement will be: State Water Resources Control Board Grantee: City of Newport Beach Name: Brune 4 eeken Steve McMasters, Grant Manager Name: Dave Kiff, Project Director Address: 1001 1 Street, 16 Floor Sacramento, CA 95814 Address: 3300 Newport Blvd. Newport Beach, CA 92663 Phone: 916 341 - 574 -8 5716 Phone: 949 644 -3002 Fax: 916 341 -5707 Fax: 949 644 -3020 e -mail: smcmasters waterboards.ca. ov e-mail: dkiff4citv.newoort- 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: Public Works Department Attention: Oer-iaa MPInal; Pam Nichols, Program Analyst Attention: Robert Stein, Grant Contact Address: 1001 1 Street,-44 17 Floor Sacramento, CA 95814 Address: 3300 Newport Blvd. Newport Beach CA 92663 Phone: 916 341 -6829 5909 Phone: 949 644 -3322 Fax: 916 341 -5296 Fax: 949 644 -3020 e -mail: nichols waterboards.ca. ov e-mail: rstein (cDcitv.newoort- beach.ca.us Either party may change its Project Representative upon written notice to the other party. 9. PROGRESS REPORTS. Grantee shall submit, via email, quarterly progress reports to the State's Grant Manager by the twentieth (2&) of the month following the end of the calendar quarter (March, June, September, and December). The progress reports shall provide a brief description of the work performed, accomplishments during the quarter, milestones achieved, invoice projections, description of progress on the plan, any data developed or information gained, any costs incurred, any schedule impacts, and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. The submittal of these reports is a requirement for initial and continued disbursement of funds. Report format is attached as Exhibit E, Progress Report Format. The progress report must explain the method used to compute the amount due. 10. FINAL REPORT. Grantee shall prepare and submit to State, upon completion of the Project, a Final Report, which shall include: 1) an Executive Summary; 2) a comparison between the planned schedule in the Agreement and actual timeline and explain the differences; and 3) a discussion of major problems that occurred in meeting the Project goals and objectives as proposed and how and if they were resolved. The Final Report shall also contain a detailed description and analysis of Project results, and a summary of the costs incurred and disposition of funds disbursed. The Final Report • ffint Agreement No. 05- 230 - 55041 Page 3 of??21 shall be provided in hard copy and digital format prior to final payment of grant funds retained by State. 11. PERFORMANCE EVALUATION. Grantee's performance under this Agreement will be evaluated by State after completion. 12. GRANT SUMMARY FORM. Grantee shall complete a one (1) page Grant Summary Form http: / /www.waterboards.ca.gov/ funding /docs /grantinfo /grantsum.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 State website posting. 13. SURVEY FORM. At the completion of this Project, the Grantee shall complete and submit electronically a Natural Resource Project Inventory (NRPI) Project Survey Form hftp: / /www.ice.ucdavis.edu /nrpi forms /default.aso. A hard copy shall be submitted to the Program Analyst prior to final payment. 14. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Agreement shall be in writing. Notices may be sent by any of the following means: (i) by delivery in person; (ii) by certified U.S. mail, return receipt requested, postage prepaid; (iii) by "overnight" delivery service; provided that next- business -day delivery is requested by the sender; or (iv) by facsimile transmission. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given five (5) business days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent by facsimile will be effective on the date of successful transmission, which is documented in writing. Either party may, by written notice to the other, designate a different address that shall be substituted for the one above. The Grantee shall promptly notify the State 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 State, and the State has given written approval for such change. The Grantee shall notify the State 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 State's representatives. The Grantee shall promptly notify the State in writing of completion of work on the Project. 15. STANDARD PROVISIONS. The following exhibits are attached and made a part of this Agreement by this reference: Exhibit A Scope of Work Exhibit B Project Schedule Exhibit C Project Budget Exhibit D Standard Conditions Exhibit E Progress Report Format Exhibit F Grantee Resolution Exhibit G Travel and Per Diem Expenses 16. GRANTEE REPRESENTATIONS. 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. Grant Agreement No. 05-230-55041 Page 4 IN WITNESS THEREOF, the parties 1—ve executed this Agreement on the dates set forth below. By: _X4L 4 By: Grfantee Signatur Barbara L. Evoy, Deputy Director State Water Resources Control Board, Division of AdmiRistraiivo Sends-oo Financial Assistance HOMER BLUDAU Grantee Typed/Printed Name CITY MANAGER, CTTY OF Title and Date NEWPORT BEACH 2/21/08 Date Reviewed by:q Office of Chief Counsel Date: 3-q-,08 • VntAgreement No. 05- 230 - 550 -01 Page 5 ofd?2I EXHIBIT A SCOPE OF WORK Project Assessment and Evaluation Plan, Monitoring Plan, Quality Assurance Project Plan, California Environmental Quality Act 1.1 PROJECT ASSESSMENT AND EVALUATION PLAN. All projects are required to prepare and implement a Project Assessment and Evaluation Plan (PAEP) (aka Project Monitoring and Performance Plan) to detail the methods of measuring Project benefits and reporting them in accordance with a PAEP. Many projects include multiple activities that will require measurement of several parameters to evaluate Project performance. All implementation projects that propose pollution load and /or concentration reductions must report such reductions annually. Projects addressing sediment and nutrients must report annual pollutant 'load reductions. Projects protecting, restoring or creating streams, shorelines, or wetlands, must report an annual accounting of the acres of wetlands restored and created, feet of streambank and shoreline protected and feet of stream channel stabilized. The Grant Manager shall approve the PAEP prior to implementation of monitoring and performance assessment and/or evaluation actions. Guidance for preparing the PAEP is available at http://www.waterboards.ca.gov/fundin,q/paep.html. 1.2 MONITORING PLAN. If environmental water quality monitoring (chemical, physical, or biological) is undertaken, the Grantee shall prepare, maintain, and implement a Monitoring Plan (MP) as described on Page 9 of the Agricultural Water Quality Grant Program Guidelines (August 26, 2004). The MP shall include, but is not limited to, a description of the monitoring objectives, types of constituents to be monitored, and the sampling location frequency /schedule for the monitoring activities. The Grant Manager shall approve the MP 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. 1.3 QUALITY ASSURANCE PROJECT PLAN. If an MP is prepared, the Grantee shall also prepare, maintain, and implement a Quality Assurance Project Plan (QAPP) in accordance with the SWRCB's Surface Water Ambient Monitoring Program's (SWAMP) QAPP and data reporting requirements, and the USEPA QAPP, EPA AQ /R5, .3/01. Water quality monitoring data includes physical, chemical, and biological monitoring of any surface water. Electronic submittal of data collected in accordance with SWAMP shall be required. The QAPP shall be approved by the 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. Guidance for preparing the QAPP is available at http://www.waterboards.ca.gov/swamp/clal)p.html. 1.4 CALIFORNIA ENVIRONMENTAL QUALITY ACT OR NATIONAL ENVIRONMENTAL POLICY ACT. 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 and the SWRCB has given environmental clearance. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Chief Deputy Director 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. 2. WORK TO BE PERFORMED BY GRANTEE 2.1 Plan Preparation Activities 2.1.1 Gather existing information about the Areas of Special Biological Significance (ASBS) and Critical Coastal Areas (CCA), including studies done by area colleges and Orange County Coastkeeper, and including historic water quality data from the Orange County Health Care Agency (OCHCA). 2.1.2 Establish and convene the Central Coast Orange County Integrated Coastal • rant Agreement No. 05- 230 - 550-01 Page 6 of .'21 Watershed Management Plan (ICWMP) Technical Advisory Committee (TAC). TAC membership shall include representatives of the cooperating entities. 2.1.3 Meet with impacted resources agency representatives to discuss and respond to comments or questions about the key program elements. 2.1.4 Develop and finalize a timeline for the ICWMP. 2.1 .5 Identify names of any subcontractor team members and submit to Grant Manager for approval. 2.2 Public Use Impact Report 2.2.1 Review Background Data and Reports a. Compile information on the spatial and temporal impact by public use on the sensitive marine life areas. b. Review reports provided by County officials, the Marine Protection Officer in Laguna Beach, and the Tidepool Ranger Program Coordinator in Newport Beach. c. Review local and state enforcement activities and practices at each ASBS. d. Review existing ASBS Management Plans, Public Use Studies and Social Impact Assessments. e. Review the Montage Resort Marine Resources Public Use Study and compare with public use studies performed at Pacific Grove, Santa Monica and Duxbury Reef. f. Prepare a Public Use Monitoring /Social Impact Report and submit recommendations to the TAC for comments. g. Incorporate recommendations from the TAC, finalize report and submit to Grant Manager. 2.3 Urban Runoff Flow and Water Quality Assessment 2.31 Review baseline data and summary of flow and constituents in the Newport Beach Marine Life Refuge, Irvine Coast Marine Life Refuge and Heisler Park Ecological Reserve Watershed per an approved Sampling and Analysis Plan and a QAPP. 2.3.2 Review related water quality data from the Orange County Stormwater Program, Newport Coast Watershed plan and Clean Beaches Initiatives grant projects. a. Collect flow and water quality data at Heisler Park. b. Perform acute and toxic bioassays at Heisler Park and Little Corona. This information will be used to address questions posed by the State regarding waste discharges to the ASBSs. 2.3.3 Develop an ASBS Drainage Area Water Quality Assessment Report for the three (3) ASBS watershed drainage areas, including a summary of the information gathered and learned via this Assessment. a. Submit to TAC for review and comment; incorporate TAC comments in Final Assessment. b. Prepare the final ASBS Drainage Area Water Quality Assessment Report and submit to the Grant Manager. 2.4 Cross - Contamination Impacts 2.4.1 Review the results from the Newport Coast Flow and Water Quality Assessment, Newport Coast Groundwater Seepage Analysis, the Laguna Beach Flow and Water Quality Assessment, OCHCA water monitoring studies, and the partnering cities' existing dry- weather flow reduction programs. 2.4.2 Collect and review information on existing coastal watershed programs, marine habitat studies and monitoring programs relevant to this study. 2.4.3 Establish the range of loading rates for specific constituent(s) discharged from Buck Gully, Crystal Cove, Laguna Canyon and large storm drain outfall near Heisler Park based on review of available water quality data for constituents and flow. 2.4.4 Review and analyze available water quality data for CCA #69 and the Newport Bay Marine Life Refuge (NB MLR) to identify possible correlations and trends between • Grant Agreement No. 05- 230 -550 -07 Page 7 of?3ll pollutant loadings in CCA #69 and water quality at NB MLR. Identify possible harbor sources that could impact the marine areas at NB MLR and further south along the coastline. 2.4.5 Review available sediment discharge data from creeks and rivers, as well as longshore and cross -shore sediment transport characteristics along the ASBS' coastline to estimate the sediment budget along the coastline. 2.4.6 Review available data about longshore current and pollutant transport data for the Region's coastline. If longshore data are not available, they will be estimated based on the wave conditions for the Region's coastline since longshore currents are resulted from waves breaking along the shoreline. 2.4.7 Prepare a Pollutant Loading Report summarizing loading of sediment and constituents of concern in the canyons and along the coastline. The report will summarize longshore and wave data along the coast. 2.4.8 Expand the Cities' of Newport Beach and Laguna Beach Geographic Information Systems (GIS) databases to incorporate pollutant and sediment loadings along the coast. Submit the GIS information to the County of Orange for incorporation into the Orange County Stormwater program GIS database. 2.4.9 Develop a Hydrodynamic and Water Quality (H &WQ) Model that covers several miles of shoreline of the study area including the Newport Bay and Harbor and other river and creek mouths. Using the model results, determine if the constituents from the Harbor and other coastal canyons have the potential to reach the ASBSs based on tidal currents, longshore currents, and mixing. 2.4.10 Estimate the typical currents in the habitat areas using the H &WQ Model developed under Work Item 2.4.9. The modeling effort will be supplemented by a wave analysis for the habitat area to determine the combined wave - current induced shear stresses over the area and an evaluation of potential sediment erosion and deposition for the study area based on the estimated wave - current induced stress and the sediment characteristics for the habitat area. 2.4.11 Complete a Particle Tracking Analysis to determine the most probable direction for sediment discharges and other pollutants of concern from the designated areas under various tide, discharge and wave conditions. 2.4.12 Prepare a draft Cross - Contamination Impact Report and submit to TAC for review and comment. 2.4.13 Prepare the final Cross - Contamination Impact Report and submit to the Grant Manager. 2.5 ASBS Research and Data Collection and Pilot Renovation Program 2.5.1 Collect and review data from other Marine Protection Areas, ASBSs, and CCAs in Orange County. Identify additional surveys needed to categorize biodiversity including photo monitoring, tracking key species, and monitoring reproduction and successful recruitment. 2.5.2 Review the results of the Newport Coast Watershed Flow and Water Quality assessment that quantifies constituent loadings for the various pollutants found in Buck Gully. Review the results of the Laguna Beach Flow and Water Quality assessment that quantifies constituent loadings for the Laguna Canyon and other large storm drain outfalls near Heisler Park. Compare these loadings with other studies along the Pacific Coast. 2.5.3 Define a controlled laboratory, Toxicological Study to look for relationships between intertidal organisms and pollutant loading in coastal canyons as follows. Review the literature for toxicological studies performed for plant and invertebrate species in rocky intertidal areas similar to those found along the coast of California. Prepare recommendations for a study of key, constituents that may likely have significant impacts on marine life areas that merit further study. Develop a narrowly defined Toxicological Study to look at changes in development, growth and reproductive success of a key marine species when impacted with different dilutions of several identified pollutants. 2.5.4 Conduct the toxicological study and prepare a report for the Grant Manager's • Grant Agreement No. 05- 230 - 550-01 Page 8 of 32'21 review and approval. 2.5.5 Define baseline information needed in order to track the evolution of ASBS health as mitigation measures are implemented. Prepare a Mitigation Monitoring Plan (MMP), per the requirements of Work Item 1.2, including a photo documentation program and a Comparison Study to track changes at Little Corona as compared to a reference rocky intertidal site. Determine a reference watershed within the Irvine Coast for comparison of natural versus urbanized water quality conditions. Submit the MMP and Comparison Study to the TAC for approval. 2.5.6 Implement the MMP and Comparison Study. 2.5.7 Define passive and active options to accelerate recovery of the ASBSs. Develop strategies for renovating the rocky intertidal areas. Define planning activities and required conditions for initiating a habitat renovation experimental program. Recommend additional surveys as needed to categorize biodiversity including photo monitoring, tracking key species, and monitoring reproduction and successful recruitment. Submit recommendations to the TAC for review, comments and approval. Based on the TAC comments, recommend a Pilot Renovation Experiment to the State and California Coastal Commission in the rocky intertidal area at Little Corona to reintroduce and monitor a key species into the ASBS. 2.5.8 Implement a Pilot Renovation Experiment in the rocky intertidal area at Little Corona to reintroduce and monitor a key species into the ASBS. Monitor the renovation program per the approved MMP. 2.5.9 Add three (3) ASBSs to the Mineral Management Services' water quality tracking program. Compare results with other region -wide ASBS studies. 2.6 Coordinate Elements into ICWMP 2.6.1 Develop a quantitative methodology (metric) based on population abundance and diversity, invasive species, animal maturities, public use, canyon contamination, and cross contamination to allow comparison of the condition of the ASBS's to a theoretical healthy ASBS. The metric will consider public use and contamination impacts. The metric will provide an initial basis for prioritizing management measures to protect and renovate ASBS areas. 2.6.2 Prepare the draft ICWMP for this region. The ICWMP will include the Work Item reports and identify critical actions to reduce negative impacts, facilitate beneficial public use, renovate the rocky intertidal areas, and monitor the health and progress of each marine life area in the study region. The ICWMP shall recommend specific ASBS protection projects and management measures. The ICWMP shall examine how watershed activities can be modified while still protecting public access and watershed development activities. The ICWMP shall identify data and information gaps. 2.6.3 Submit the draft ICWMP to the TAC for review and comment. 2.6.4 Following Grant Manager approval, finalize and distribute the final ICWMP for the Central Coast Orange County ICWMP area. 2.7 CEQA Documentation and Permits 2.7.1 Obtain a list of necessary permits from required regulatory agencies. 2.7.2 Submit copies of permits to Grant Manager. 2.8 Community Outreach and Agency Training 2.8.1 Provide all submittal information on websites or links to the information. 2.8.2 Hold one (1) or more public forums to include non -TAC interested parties. Supply Grant Manager with a copy of meeting minutes. 2.8.3 Produce and distribute a training manual for stakeholders, city staff, and agency staff. Rt Agreement No. 05- 230 - 550-81 Page 9 Of _3='L1 EXHIBIT B — PROJECT SCHEDULE Item DESCRIPTION DUE DATE 7. Method of Payment (Invoice) Quarterly 12. Grant Summary Form Day 90 13. Natural Resource Projects Inventory (NRPI) Project Survey Form Before final invoice REPORTS 9. Progress Reports by the twentieth (20'n) of the month following the end of the calendar quarter (March, June, September, and December) Quarterly 0. Final Project Report 8408/08 EXHIBIT A — SCOPE OF WORK 1.0 Project Assessment and Evaluation Plan, Monitoring Plan, Quality Assurance Project Plan, California Environmental Quality Act 1.1 Project Assessment and Evaluation Plan (PAEP) 6106 1.2 Monitoring Plan (MP) 10/06 1.3 Quality Assurance Project Plan (QAPP) 10 /06 1.4 Copy of final CEQA/NEPA documentation Any activity in the scope of work subject to CEQA cannot begin prior to receipt of environmental clearance from the SWRCB 2/07 2.0 WORK TO BE PERFORMED BY GRANTEE 2.1 Plan Preparation Activities 2.1.1 List of reviewed materials 5/06 2.1.2 TAC Meeting Minutes 6/06 2.1.3 Agency Meeting Minutes 6106 2.1.4 ICWMP Timeline 6106 2.1.5 Identify Subcontractor Team Members 6106 2.2 Public Use Impact Report 2.2.1 Memo of reviewed background data and reports 6106 2.1.g Public Use Monitoring /Social Impact Report 8187 03108 2.3 Urban Runoff Flow and Water Quality Assessment 2.3.1 List of reviewed baseline information 5106 1.3.2 Sampling results at Heisler Park and Little Corona 6" 03/08 3.3 Water Quality Assessment Report 7186 03/08 2.4 Cross - Contamination Impacts 2.4.1 Memo on existing flow and water quality data 8106 2.4.2 Memo regarding existing coastal watershed programs 8106 4.3 Memo on existing loading rates Q".02/08 4.4 Memo on Newport Bay water quality 8186 03108 • Grant Agreement No. 05- 230 - 550-91 Page 10 of3321 Item DESCRIPTION DUE DATE 2.4.5 Memo on creek and river water quality discharges 8106 2.4.6 Memo on Iongshore currents and pollutant transport data 8106 2.4.7 Pollutant Loading Report 10 /06 2.4.8 Listing of GIS database expansion 2107 4.4.9 Report on a hydrodynamic and water quality numerical model development 441A6 03108 14.10 Memo on typical currents in habitat areas 12106 03108 14.11 Particle Tracking Analysis 41&7 03108 14.12 Draft Cross Contamination Impact Report 2/9703/08 14.13 Final Cross Contamination Impact Report 3/4704108 2.5 ASBS Research and Data Collection and Pilot Renovation Program 2.5.1 Memo of reviewed data 7/06 5.2 Memo comparing constituent loadings from Laguna Canyon and Newport Coast Watersheds 7406 03108 5.3 Toxicological study recommendations 9/0603108 5.4 Report on implemented toxicological study 64704/08 2.5.6 Memo on implementation of Comparison Study 11106 2.5.7 Pilot Renovation Experiment recommendations 5/07 2.5.8 Memo on the Pilot Renovation Experiment 9/07 2.6 Coordinate Elements into ICWMP 2.6.1 ASBS Impact Metric 9106 Draft ICWMP 4108 05108 Final ICWMP ,21A306108 r2.7 CEQA Documentation and Permits Copies of permits obtained 02107 Community Outreach and Agency Training 8.1 Incorporate ASBS submittal information on City Website 40187 05108 1.8.2 Public Forum meeting minutes 3187 04108 1.8.3 Stakeholder Training Manual 421077 06108 • Grant Agreement No. 05- 230 - 550-81 Page 11 ofj�21 EXHIBIT C — PROJECT BUDGET 1. Line Item Budget PROP. 50 MATCH TOTAL Personnel Services $0 $99,019 $99,019 Classification Hours Wage /Hour Project Director 66 $80.58 Principal Engineer 700 57.59 Senior Water Quality Specialist 100 41.86 Tidepool Supervisor 300 37.50 Administrative Assistant 80 35.05 GIS Analyst 400 37.87 Senior Water Quality Analyst 400 50.00 Operating Expenses Directly Related to Project $5,000 $0 $5,000 Includes: Travel Expenses Supplies (less than $5,000 per item) Professional and Consultant Services $392,500 $132,500 $525,000 Research and numerical modeling consulting services Public use monitoring and statistical analyses consulting services Toxicological researcher Marine Life Area biologists Regulatory Coordinator TOTAL $397,500 $231,519 $629,019 • G• t Agreement No. 05- 230 - 550-01 Page 11 of 3311 EXHIBIT D STANDARD CONDITIONS 1. ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENT: a) Separate Accounting of Grant Disbursement and Interest Records: Grantee shall account for the money disbursed pursuant to this Agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times. b) 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. c) Remittance of Unexpended Funds: Grantee, within a period of sixty (60) calendar days from the final disbursement from State to Grantee of grant funds, shall remit to State any unexpended funds that were disbursed to Grantee under Ahis Agreement and were not needed to pay eligible project costs. 2. ACKNOWLEDGEMENT OF CREDIT: Grantee shall include appropriate acknowledgement of credit to the State and to all cost - sharing partners for their support when promoting the Project or using any data and/or information developed under this Agreement. 3. 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. 4. AMERICANS WITH DISABILITIES ACT: By signing this Agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 at seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. 5. AUDITS: 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 three (3) 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. After completion of the Project, State may require Grantee to conduct a final audit, at Grantee's expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Agreement, and State may elect to pursue any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State. 6. BUDGET CONTINGENCY: 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 STATE 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 Irani Agreement No. 05- 230 - 550-01 Page 13 of 9321 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. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a). The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 8. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations in Grantee's contracts with other entities for acquisition of goods and services and construction of public works with funds provided by State under this Agreement. 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. 10. CONFLICT OF INTEREST a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. b) Former State Employee: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision- making process relevant to the contract while employed in any capacity by any State agency. For the twelve -month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy- making position in the same general subject area as the proposed contract within the twelve -month period prior to his or her leaving State service. 11. 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. 12. DELIVERY OF INFORMATION, REPORTS, AND DATA. 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 State. 13. DISBURSEMENTS. Following the review of each invoice, State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. 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 • *I Agreement No. 05- 130 - 550-01 Page 14 of 11 to any federal statute or regulation. All money disbursed pursuant to this Agreement shall be deposited, administered, and accounted for pursuant to the provisions of applicable law. 14. DISPUTES. Grantee shall continue with the responsibilities under this Agreement during any dispute. In the event of an invoice dispute, payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided 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. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Chief Deputy Director 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 State'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 td the Grantee, the Grantee mails or otherwise furnishes a written appeal of the decision to the State's Executive Director. The decision of the State'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 State, or any official or representative thereof, on any question of law. 15. DRUG -FREE WORKPLACE CERTIFICATION Certification of Compliance: By signing this Agreement, Grantee, its contractors or subcontractors, hereby certify, under penalty of perjury under the laws of the State of California, compliance with the requirements of the Drug -Free Workplace Act of 1990 (Government Code 8350 at seq.) and have or will provide a drug -free workplace by taking the following actions: a) Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code Section 8355(a). b) Establish a Drug -Free Awareness Program, as required by Government Code Section 8355(b) to inform employees, contractors, or subcontractors about all of the following: 1. The dangers of drug abuse in the workplace, 2. Grantee's policy of maintaining a drug -free workplace, 3. Any available counseling, rehabilitation, and employee assistance programs, and 4. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. c) Provide as required by Government Code Sections 8355(c), that every employee, contractor, and/or subcontractor who works under this Agreement: 1. Will receive a copy of Grantee's drug -free policy statement, and 2. Will agree to abide by terms of Grantee's condition of employment, contract or subcontract. 16. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 17. 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. • t t Agreement No. 05- 230 - 550 -01 � Page 15 of ?321 18. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantee, if any, in the performance of the Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. 19. INSPECTIONS: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Agreement. This right shall extend to any subagreements, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Agreement with State. Grantee acknowledges that the Project work site will be reportable under the Public Records Act. State shall have the right to inspect the Grantee's office at any and all reasonable times after completion of the Project to ensure compliance with the terms and conditions of this Agreement. During regular office hours, State shall have the right to inspect and to make copies of any books, records, or reports of the Grantee relating to this Agreement. Grantee shall maintain and shall make available at all times for such inspection accurate records of its costs, disbursements, and receipts with respect to its activities under this Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests. 20. NO THIRD PARTY RIGHTS: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established herein. 21. NONDISCRIMINATION: During the performance of this Agreement, Grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Grantee and contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government . Code Section 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the Agreement. 22. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any and all permits, licenses, and approvals required for performing its obligations under this Agreement. Grantee shall comply with the California Environmental Quality Act (California Public Resources Code Section 21000 at seq.) and other applicable federal, State and local laws, rules, and regulations, guidelines, and requirements prior to disbursement of funds under this Agreement. Without limiting the foregoing, Grantee shall keep informed of and take all measures necessary to ensure compliance with California Labor Code requirements, including but not limited to Section 1720 et seq. of the California Labor Code regarding public works. 23. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water Resources Control Board or any Regional Water Quality Control Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this agreement, the Grantee agrees to complete the Project funded by this agreement or to repay all of the grant funds plus interest.1 24. REMEDIES, 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 State 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 • G• t Agreement No. 05- 230 - 550 -01 Page 16 of ?321 State shall not preclude the State 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. 25. RETENTION: Notwithstanding any other provision of this Agreement, the State may retain up to ten percent (10 %) of the grant amount specified in this Agreement until completion of the Project and is accepted by the State. 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 State 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. SEVERABILITY of UNENFORCEABLE PROVISION: If any provision of this Agreement is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this Agreement shall be construed to remain fully valid, enforceable, and binding on the parties. 28. 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 State 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 State against any loss or liability arising out of any claim or action brought against 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 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 the Agreement. 29. SUCCESSORS AND ASSIGNS: This Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose. 30. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant funds shall not be used for supplemental environmental projects required by Regional Water Quality Control Boards. 31. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Agreement may be terminated by written notice at any time prior to completion of the Project, at the option of the State, 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 State. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the State an amount equal to the amount of • G• t Agreement No. 05- 230 - 550-91 A� Page 17 of2:221 1 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. 32. TIMELINESS: Time is of the essence in this Agreement. 33. TRAVEL: Travel includes the costs of transportation, subsistence, and other associated costs incurred by personnel during the term of this Agreement. Travel will be reimbursed at or below the rate allowed for unrepresented State employees, Exhibit G, Travel and Per Diem Expenses. For the purpose of computing such expenses, Grantee's designated headquarters shall be that as shown on Section 8 of this Agreement. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the State. 34. VENUE: The State 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. 35. WAIVER OF RIGHTS: As a material condition of this Agreement, the Grantee agrees that acceptance of any disbursements under this Agreement shall effect a waiver of any right of action (including pending actions) against the State Water Resources Control Board (SWRCB) or any Regional Water Quality Control Board (RWQCB) to challenge any regulation or order of the SWRCB or the RWQCB, which either requires performance of the Project, or though not required, whose terms or conditions would be satisfied in whole or in part by performance of the Project. This waiver shall not apply to internal administrative review by the SWRCB of its own or a RWQCB's regulation or order, but it shall apply to judicial review thereof. This paragraph shall not apply to litigation arising due to disputes related to the performance of this Agreement. Any waiver by either party of rights arising in connection with this Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. 36. WITHHOLDING OF GRANT DISBURSEMENTS: The State 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. • Grant Agreement No. 05- 130 - 550-01 Page 18 of 2-321 EXHIBIT E PROGRESS REPORT FORMAT Grantee shall use the following outline as a template for Progress Reports. EA Executive Summary a. Provide a brief summary of the items contained in the body of the report. E:2. Report Status a. Describe work performed during the quarter: b. Describe major accomplishments, such as: 1. Items of work completed 2. Milestones met 3. Meetings held or attended 4. Press release, etc. c. Discuss any issues or concerns that may affect the schedule or budget and include recommendations on how to correct the matter(s). d. Discuss activities planned for the next reporting period 1. A description of work to be performed in the next period 2. Issues /concerns that may affect the schedule or budget in the future and how the matter(s) will be addressed E.3 Cost Information a. Identify costs incurred during the quarter by Grantee and each subcontractor working on the Project. Include hours per item worked on during the quarter for above personnel. b. Discuss how the actual budget is progressing in comparison to the latest budget in Exhibit B, Project Budget. c. Provide a revised budget, by work item, if changed from the latest budget in Exhibit B, Project Budget. E.4 Schedule Information a. Provide a Project schedule showing actual progress versus planned progress from the latest schedule in Exhibit C, Schedule. b. Discuss how the actual schedule is progressing in comparison to the latest schedule in Exhibit C, Schedule. c. Provide a revised schedule, by work item, if changed from the latest schedule in Exhibit C, Schedule. E.5 Invoice Projections a. Submit Invoice Projection form • Grant Agreement No. 05- 230 -550 -07 Page 19 of-2321 EXHIBIT F GRANTEE RESOLUTION HAS BEEN DELIBERATELY DELETED • Grant Agreement No. 05- 230 -550 -01 Page 20 of j321 EXHIBIT G ` TRAVEL AND PER DIEM EXPENSES Additional information on travel and per diem expenses may be found at the following website: http://www.dpa.ca.gov/jobinfo/statetravel.shtm SHORT -TERM PER DIEM EXPENSES A. In computing reimbursement for continuous short-term travel of more than 24 hours and less than 31 consecutive days, the employee will be reimbursed for actual costs up to the maximum allowed for each meal, incidental, and lodging expense for each complete 24 hours of travel, beginning with the traveler's times of departure and return, as follows: 1. On the first day of travel on a trip of 24 hours or more: 2. On the fractional day of travel at the end of a trip of more than 24 hours: If the fractional day includes an overnight stay, receipted lodging may also be claimed. No meal or lodging expense may be claimed or reimbursed more than once on any given date or during any 24 -hour period. 3. Reimbursement shall be for actual expenses, subject to the following maximum rates: Meals: Breakfast $ 6.00 Lunch $ 10.00 Receipts are not required for regular Dinner $ 18.00 short-term travel meals Incidentals $ 6.00 II Statewide I Actual up to $84.00 plus tax When required to conduct State business and obtain lodging in the counties of Los Angeles and San Diego, reimbursement will be for actual receipted lodging to a maximum of $110 plus tax. When required to conduct State business and obtain lodging in the counties of Alameda, San Francisco, San Mateo, and Santa Clara, reimbursement will be for actual receipted lodging to a maximum of $140 plus tax. If lodging receipts are not submitted, reimbursement will be for meals only at the rates and time frames set forth in B.1 below. • Gram Agreement No. 05- 230 -550 -0I Page 21 of--24 I B. In computing reimbursement for continuous travel of less than 24 hours, actual expenses, up to the maximums in A.3 above, will be reimbursed for breakfast and/or dinner and /or lodging in accordance with the following time frames: 1. Travel begins at or before 6 a.m. and ends at or after 9 a.m.: Breakfast may be claimed. Travel begins at or before 4 p.m. and ends at or after 7 p.m.: Dinner may be claimed. If the trip of less than 24 hours includes an overnight stay, receipted lodging may be claimed. No lunch or incidentals may be reimbursed on travel of less than 24 hours. Employees on short -term travel who stay in commercial lodging establishments or commercial campgrounds will be reimbursed for actual lodging expenses substantiated by a receipt. Employees who stay with friends or relatives, or who do not produce a lodging receipt, will be eligible to claim meals off. LONG -TERM TRAVEL AND PER DIEM EXPENSES A. Employee maintains a separate residence in the headquarters area: 1. Long -term travelers who maintain a permanent residence at their primary headquarters may claim daily long -term lodging up to $24.00 with a receipt, and long- term meals of $24.00 for each period of travel from 12 to 24 hours at the long -term location. For travel of less than 12 hours, the traveler may claim either $24.00 in receipted lodging or $24.00 in long -term meals. B. Employee does not maintain a separate residence in headquarters area: 1. Long -term travelers who do not maintain a permanent residence at their headquarters may claim daily receipted lodging up to $12.00, and long -term meals of $12.00 for each period of travel from 12 to 24 hours at the long -term locations. For travel of less than 12 hours, the travelers may claim either $12.00 in receipted lodging or $12.00 in long -term meals. III. MILEAGE REIMBURSEMENT Reimbursement for personal vehicle mileage is 34 50.5 cents per mile. Reimbursement for personal vehicle mileage using a specialized vehicle that has been modified to accommodate disabilities is 37 cents per mile. IV. VEHICLE RENTAL Reimbursement for vehicle rental shall be for actual and necessary costs of such rental and airplane usage shall be allowed at the lowest fare available. Claims for reimbursements shall be allowed upon submittal of the appropriate receipt. Refer to California Code of Regulations. Title 2, Sections 599.627 and 599.628. A • G�.t Agreement No. 05- 230 -550 -0 Page I of 22 DGS box State Of California Grant Agreement '51 g00SO4IZ. 1$ Between The State Of California STATE WATER RESOURCES CONTROL BOARD And. City of Newport Beach Agreement No. 05-230-550-0 Integrated Coastal Watershed Management (ICWM) Plans (WC § 79563) THIS AGREEMENT is entered into on January 2, 2006, by and between the State Water Resources Control Board, hereinafter called "State," and City of Newport Beach, a city, hereinafter called "Grantee," Which parties do hereby agree as follows: 1. PURPOSE. State shall provide a grant from the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 to Grantee for the purpose of developing new or completing new or updating existing ICWM plans or to develop, complete, or modify a component of an ICWM Plan. 2. GRANT AMOUNT. The maximum amount payable under this Agreement shall not exceed $397,500. 3. TERM OF AGREEMENT. The term of the Agreement shall begin on January 2, 2006 and continue through Project completion plus three (3) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY MARCH 1, 2006. 4. GRANTEE'S RESPONSIBILITIES. Grantee shall faithfully and expeditiously perform or cause to be performed all Project work as described.in Exhibit A, Scope of Work. Grantee shall comply with all of the terms and conditions of this Agreement Snd with Chapter 8 (commencing with Section 79560) of Division 26.5 of the California Water Code. 5. GRANTEE COSTS. The reasonable costs of the Project are estimated to be $629;019. Grantee agrees to fund the difference between the estimate of Project cost in its grant application and the grant amount specified in Paragraph 2, if any. Grantee cost share is estimated to be $231,519. Grantee shall provide State evidence that such funds have been expended by work Rem prior to submittal of a request for State grant fund reimbursement. 6. ELIGIBLE PROJECT COSTS. Grantee shall apply State funds received only to eligible Project costs in accordance with applicable provisions of the law and Exhibit C, Project Budget. Costs that are not eligible for reimbursement include but are not limited to: Costs incurred prior to effective date of this Agreement; Replacement of existing funding sources for ongoing programs; Support of existing agency, requirements and mandates; Payment of principal or interest of existing indebtedness or any interest payments unless the debt is incurred after execution of this Agreement, the State agrees in writing to the eligibility of the costs for reimbursement before the debt is incurred, and the purposes for which the debt is incurred are otherwise eligible Project costs; and Overhead not directly related to Project costs METHOD of PAYMENT. Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Agreement number, by State's Grant Manager at the address shown in Section 8 of this Agreement. Invoices must be accompanied by appropriate receipts and reports. The invoice shall contain the.date of the invoice; the time period covered by the invoice; the total amount due; and original signature and date (in ink) of Grantee's authorized representative. Invoices must be itemized based on the categories specified in the Budget. The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times M- • Gr7uet Agreement No. 05- 130 -550 -0 Page 1 of 11 the hourly or daily rate = the total amount claimed). Final invoice shall be clearly marked 'FINAL INVOICE" and submitted NO LATER THAN APRIL 1, 2008. 8. PROJECT REPRESENTATIVES The Project Representatives during the term of this Agreement will be: State Water Resources Control Board Grantee: City of Newport Beach Name; Bruce Locken, Grant Mana er Name: Dave Kiff, Project Director . Address: 1001 1 Street, 16 Floor Sacramento, CA 95814 Address: 3300 Newport Blvd. Newport Beach, CA 92663 Phone: 916 341 -5718 Phone: 949 644 -3002 Fax: 916 341 -5707 Fax: 949 644 -3020 e -mail: blocken waterboards.ca. ov e-mail: dkiff ci .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: Public Works Department Attention: Corina Meloche, Pr ram Anal st Attention: Robert Stein, Grant Contact Address: 1001 1 Street, i6 Floor Sacramento, CA 95814 Address: 3300 Newport Blvd. Newport Beach, CA 92663 . Phone: 916 341 -6929 Phone: 949 6443322 Fax: (916)341-5296 Fax:. 949 6443020 e-mail: -melocheDwaterbo@Ldsca.gov e-mail: rstein cif .new ort- beach.ca.us Either party may change its Project Representative upon written notice to the other party.. 9. PROGRESS REPORTS. Grantee shall submit, via email, quarterly progress reports to the State'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 provide a brief description of the work performed, accomplishments during the quarter, milestones achieved, invoice projections, description of progress on the plan, any data developed or information gained, any costs incurred, any schedule impacts, and any problems encountered in the performance of the work under: this Agreement. 'Grantee shall document all contractor activities and expenditures in progress reports. The submittal of these reports is a requirement for initial. and continued disbursement of funds. Report format is attached as Exhibit E, Progress Report Format. The progress report must explain the method used to compute the amount due. . 10. FINAL REPoRT..Grantee shall prepare and submit to State, .upon completion of the Project, a Final Report, which shall include: 1) an Executive Summary; 2).a comparison between the planned schedule in the Agreement and actual timeline and explain.the differences; and 3)'a discussion of- major problems that occurred in meeting the Project goals and objectives as proposed and how and if they were resolved. The Final Report shall also contain a detailed description and analysis of Project results, and a summary of the costs incurred and disposition of funds disbursed. The Final Report shall be provided in hard, copy and digital format prior to final payment of grant funds retained by State. 11. PERFORMANCE EVALUATION. Grantee's performance under this Agreement will be evaluated by State after completion. 12. GRANT SUMMARY FORM. Grantee shall, complete a one (1) page. Grant Summary Form http: / /www:waterboards.ca.goy/ funding /docs /arantinfo /grantsum 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 State website posting. • G•tAgreementNo. 05-230-550-0 Page 3 of 21 13. SURVEY FORM. At the completion of this Project, the Grantee shall complete and submit electronically a Natural Resource Project Inventory (NRPI) Project. Survey Form hfti)://www.ice.ucdavis.edu/nrpi 'forms /default aso. A hard copy shall be submitted to the Program Analyst prior to final payment. 14. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Agreement shall be in writing. Notices may be sent by any of the following means: (1) by delivery in person; (ii) by certified U.S. mail, return receipt requested, postage prepaid; (iii) by "overnight" delivery service; provided that next - business -day delivery is requested by the sender; or (iv) by facsimile transmission. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery.or receipt). Notices sent by certified mail will be deemed effective given five (5) business days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent by facsimile will be effective on the date of successful transmission, which is documented in writing. Either parry may, by written notice to the other, designate a different address that shall be substituted for the one above. The Grantee shall promptly notify the State 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 State, and the State has given written approval for such change. The Grantee shall notify the State 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 State's representatives. The Grantee shall promptly notify the State in writing of completion of work on the Project. 15. STANDARD PROVISIONS. The following exhibits are attached and made a part of this Agreement by.this reference: Exhibit A Scope of Work Exhibit B Project Schedule Exhibit C Project Budget Exhibit D Standard Conditions Exhibit E Progress Report Format Exhibit F Grantee Resolution Exhibit G Travel and Per Diem Expenses 16. GRANTEE REPRESENTATIONS. 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. Grant Agreement No. 05-230-550-0 Paze 4 of 22 IN WITNESS THEREOF, the parti shave executed this Agreement on the dates set forth below. (-Y/-- c���m By: fes- • By: rantee Signatu E an A manza, Chief State Water Resources Contro7Brd, Division of Administrative Services HOMER BLIIDAII 'CS- T) L / © 4 Grantee Typed/Printed Name Date CITY MANAGER/MAY 2, 2006 Title and Date Reviewed by:.. Office of Chief Counsel Date: • Grant Agreement No. 05- 230 - 550 -0 . . Page 5 of 22 ExHIBIT A SCOPE OF WORK - - - - - - 1. Project Assessment and Evaluation Plan, Monitoring Plan, Quality Assurance Project Plan, California Environmental Quality Act 1.1 PROJECT ASSESSMENT AND EVALUATION -PLAN. All projects are required * to prepare and _ - implement a Project Assessment and Evaluation Plan (PAEP) (aka Project Monitoring and Performance. Plan) to detail the methods of measuring Project benefits and reporting them in accordance with a ,PAEP. Many projects include multiple activities that will require measurement of several parameters to evaluate Project perfonnance. All implementation projects that propose pollution load ,and/or concentration reductions must report such reductions. annually. Projects addressing sediment and nutrients must report annual pollutant load reductions. Projects protecting, restoring or creating streams, shorelines, or wetlands, must report an annual accounting of the acres -of wetlands restored and created, feet of streambank and shoreline protected and feet of stream channel stabilized. The Grant Manager shall approve the PAEP prior to" implementation of monitoring and performance assessment and/or evaluation actions. Guidance for preparing the PAEP- is available at hftr)://www.waterboards.ca.govtfunding/i)aeo .htmi. . 1.2 MONITORING PLAN. If environmental water quality monitoring (chemical, physical, or biological) is undertaken, the Grantee shall prepare, maintain, and implement a Monitoring Plan (MP) as described on Page '9 of the Agricultural Water Quality Grant Program Guidelines (August 26, 2004). The MP shall include, but is not limited to, a description of the monitoring objectives, types of constituents to be monitored, and the sampling location frequency /schedule for the monitoring activities. The Grant Manager shall approve the MP 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. 1.3 QUALITY AsSURANCE PROJECT PLAN. If an MP is prepared, the Grantee shall also prepare, maintain, and implement a Quality Assurance Project Ptah (QAPP) in accordance with the SWRCB's Surface Water Ambient Monitoring Program's (SWAMP) QAPP and data reporting requirements, and the USEPA QAPP, EPA AQIR5, 3/01. Water quality monitoring data includes physical, chemical, and biological monitoring of any surface water. Electronic submittal of data collected in accordance with SWAMP shall be required. The QAPP shall be approved by the RWQCB or SWRCB's Quality Assurance (OA) 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. Guidance for preparing the QAPP is available at hftp://www.waterboards.ca.gov/swamp/gai3p.htmi. 1.4 CALIFORNIA ENVIRONMENTAL QUALITY ACT OR NATIONAL ENVIRONMENTAL POLICY ACT. 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 and the SWRCB has given environmental clearance. 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. 2. WORK TO BE PERFORMED BY GRANTEE 2.1 Plan Preparation Activities 2.1.1 Gather existing information about the Areas of Special Biological Significance (ASKS) and Critical Coastal Areas (CCA), including studies done by area colleges and Orange County Coastkeeper, and including historic water quality data from the Orange County Health Care Agency (OCHCA). 2.1.2 Establish and convene the Central Coast Orange County Integrated Coastal Grant Agreement No. 05 - 230 -550 -0 . Page,6 of 22 Watershed Management Plan,(ICWMP) Technical Advisory Committee (TAC).. . TAC membership shall include representatives of the cooperating entities. 2.1.3 Meet with impacted resources agency representatives to discuss, and respond to comments or questions about the key program elements. 2.1.4.. Develop and finalize a timeline. for the ICWMP.. 2.1.5 Identify names of any subcontractor team members and submit to Grant Manager for approval. 2.2 Public Use Impact Report 2.2.1 Review Background Data and Reports a. Compile information on the spatial and temporal impact by public use on the sensitive marine life areas. b. Review reports provided by County officials, the Marine Protection Officer in Laguna Beach, and the Tidepool Ranger Program Coordinator in Newport Beach. c. Review local and state enforcement activities and practices at each ASBS. d. Review existing ASBS Management Plans, Public Use Studies and Social Impact Assessments. e. Review the Montage Resort Marine Resources Public Use Study and compare with public use studies performed at Pacific Grove, Santa Monica.and Duxbury . Reef. f. Prepare a Public Use Monitoring /Social Impact Report and submit, recommendations to the TAC for comments. g. Incorporate recommendations from the TAC, finalize report and submit to Grant Manager. 2.3 Urban Runoff Flow and Water Quality Assessment 2.3.1 Review baseline data and summary of flow and constituents in the Newport Beach Marine Life Refuge, Irvine Coast Marine Life Refuge and Heisler Park Ecological Reserve Watershed per an approved Sampling and Analysis Plan and a QAPP. .2.3.2 Review related water quality data from the Orange County Stormwater Program, Newport Coast Watershed plan and Clean Beaches Initiatives grant projects. a. Collect flow and water quality data at Heisler Park. b. Perform acute and toxic bioassays at Heisler Park and Little Corona. This information will be. used to address questions posed by the State regarding waste discharges to the ASBSs. . 2.3.3 Develop an ASBS Drainage Area Water Quality Assessment Report for the three (3) ASBS watershed drainage areas, including a summary of the information gathered and learned via this Assessment. a. Submit to TAC for review and comment; incorporate TAC.comments in final Assessment. b. Prepare the final ASBS Drainage Area Water Quality Assessment Report and submit to the Grant Manager. . 2.4 Cross - Contamination Impacts 2.4.1 Review the results from the Newport Coast Flow and Water Quality Assessment, Newport Coast Groundwater Seepage Analysis, the Laguna Beach Flow and Water Quality Assessment, OCHCA water monitoring studies, and the partnering . cities' existing dry- weather flow reduction programs. 2.4.2 Collect and review information on existing coastal watershed programs, marine habitat studies and monitoring programs relevant to this study. 2.4.3 Establish the range of loading rates for specific constituent(s) discharged from Buck Gully, Crystal Cove, Laguna Canyon and large storm drain outfall near Heisler Park based on review of available water quality data for constituents and flow. 2.4.4 Review and analyze available water quality data for CCA #69 and the Newport Bay Marine Life Refuge (NB MLR) to identify possible correlations and trends between CS • . Grant Agreement No. 05- 230 -550 -0 Page 7 of 21 pollutant loadings in CCA #69 and water quality at NB. MLR. Identify possible harbor sources that could impact the marine areas at NB MLR and further south along the coastline. 2.4.5 Review available sediment discharge data from creeks and rivers, as well as longshore and cross -shore sediment transport characteristics along the ASBS' coastline to estimate the sediment budget along the coastline. 2.4.6 Review available data about longshore current and pollutant transport data for the Region's coastline. If longshore data are not available, they will be estimated . based on the wave conditions for the Region's coastline since longshore currents . are resulted from waves breaking along the shoreline. 2.4.7 Prepare a Pollutant Loading Report summarizing loading of sediment and constituents of concern in the canyons and along the coastline. The report will summarize longshore. and wavet data along the coast. 2.4.8 Expand the Cities' of Newport Beach and.Laguna Beach Geographic Information Systems (GIS) databases to incorporate pollutant.and sediment loadings along the coast. Submit the GIS information to the County of Orange for incorporation into the Orange County Stormwater program GIS.database. 2.4.9 Develop a Hydrodynamic and Water Quality (H &WQ) Model that covers several miles of shoreline of the study area including the Newport Bay and Harbor and other river and creek mouths. Using the model results, determine if the constituents from the Harbor and other coastal canyons have the potential to reach the ASBSs based on tidal currents, longshore currents, and mixing. 2.4.10 Estimate the typical currents in the.habitat areas using the H &WQ Model developed under Work Item 2.4.9. The modeling effort will be supplemented by a. wave analysis for the habitat area to determine the combined wave - current induced shear stresses over the area and an evaluation of potential sediment erosion and deposition for the study area based on the estimated wave - current induced stress . and the sediment characteristics for the habitat area. 2.4.11 Complete a Particle Tracking Analysis to determine the most probable direction for sediment discharges and other pollutants of concern from the designated areas under various tide, discharge and wave conditions. 2.4.12 Prepare a draft Cross - Contamination Impact Report and submit to TAG for review and comment. 2.4.13 Prepare the final Cross- Contamination Impact Report and submit to the Grant Manager. 2.5 . ASBS Research and Data Collection and Pilot Renovation Program 2.5.1 Collect and review data from other Marine Protection Areas, ASBSs, and CCAs in Orange County. Identify additional surveys needed to categorize biodiversity including photo monitoring, tracking key species, and monitoring reproduction and successful recruitment. 2.5.2 Review the results of the Newport Coast Watershed Flow and Water Quality. assessment that quantifies constituent loadings for the various pollutants found in Buck Gully. Review the results of the Laguna Beach Flow and Water Quality assessment that quantifies constituent loadings for the Laguna Canyon and other large storm drain outfalis near Heisler Park. Compare.these loadings with other studies along the Pack Coast. 2.5.3 Define a controlled laboratory, Toxicological Study to look for relationships between intertidal organisms and pollutant loading in coastal canyons as follows. Review the literature for toxicological studies performed for plant and invertebrate species in rocky intertidal areas similar to those found along the coast of California. Prepare recommendations for a study of key, constituents that may likely have significant impacts on marine life areas that merit further study. Develop a narrowly defined Toxicological Study to look at changes in development, growth and reproductive success of a key marine species when impacted with different dilutions of several. identified pollutants.. 2.5A Conduct the toxicological study and prepare a report for the Grant Manager's e� G•t Agreement No. 05- 230 -550 -0 Page 8 of 22 review and approval., 2.5.5 Define baseline information needed in order to track the evolution of ASBS health as mitigation measures are implemented. Prepare a Mitigation Monitoring Plan (MMP), per the requirements of Work Item 1.2, including'a photo documentation program and a Comparison Study to track changes at Little Corona as compared to a reference rocky intertidal site. Determine a reference watershed within the Irvine Coast for comparison of natural versus urbanized water quality conditions. Submit. the MMP and Comparison Study to the TAC for approval. 2.5.6. Implement the MMP and Comparison Study. 2.5.7 Define passive and active options to accelerate recovery of the ASBSs. Develop., strategies for renovating the rocky intertidal areas. Define planning activities and required conditions for initiating a habitat renovation experimental program. Recommend additional surveys as needed to categorize biodiversity including photo monitoring, tracking key species, and monitoring reproduction and successful recruitment. Submit recommendations to the TAC for review, comments and approval. Based on the TAC comments, recommend a Pilot Renovation Experiment to the.State and California Coastal Commission in the rocky Intertidal area at Little Corona to reintroduce and monitor a, key species into the ASBS. 2.5.8 Implement a Pilot Renovation Experiment in the rocky intertidal area at Little Corona to reintroduce and monitor a key species into the ASBS. Monitor the renovation program perthe approved MMP: 2.5.9 Add three (3) ASBSs to the Mineral Management Services' water quality tracking, program. Compare results with other region -wide ASBS studies. 2.6 Coordinate Elements into ICWMP 2.6.1 Develop a quantitative methodology (metric) based on population abundance and diversity, invasive species, animal maturities, public use, canyon contamination,,, and cross contamination to allow comparison of the condition of the ASBS's to a theoretical healthy ASBS. The metric will consider public use and contamination impacts. The metric will provide an initial.basis for prioritizing management measures to protect and renovate ASBS areas. 2.6.2. Prepare the draft ICWMP for this region: The ICWMP will include the Work Item reports and identify critical actions to reduce negative impacts, facilitate beneficial . public use, renovate the rocky intertidal areas, and monitor the health and progress . of each marine life area in the study region. The ICWMP shall recommend specific ASBS protection projects and management measures. The ICWMP shall examine how watershed activities can be modified while still protecting public access and watershed development activities.. The ICWMP shall identify data and information gaps. 2.6.3 'Submit the draft ICWMP to the TAC for review and comment. 2.6.4 Following Grant Manager approval, finalize and distribute the final ICWMP .for the . Central Coast Orange County ICWMP area. 2.7 CEQA Documentation and Permits 2.7.1 Obtain a list of necessary permits from required regulatory agencies. 2.7.2 Submit copies of permits to Grant Manager. 2.8 Community Outreach and Agency Training 2.8.1 Provide all submittal information on websites or links to the information. . 2.8.2 Hold one (1) or more public forums to include non- TAC.interested parties. Supply Grant Manager with a copy of meeting. minutes. 2.83 Produce and distribute a training manual for stakeholders, city staff, and agency staff. Grant Agreement No. 05- 230 -550 -0 Page 9 of 22 EXHIBIT B —PROJECT SCHEDULE Item DESCRIPTION, DUE DATE 7. Method of Payment (Invoice) Quarterly 12. Grant Summary Form Day 90 13. Natural Resource Projects Inventory (NRPI) Project Survey Form Before final invoice REPORTS 9. Progress Reports by the twentieth (20m) of the month following the end of the calendar quarter (March, June, September, and December) Quarterly 10. Final Project Report 01 /08 EXHIBIT A— SCOPE OF WORK 1.0 Project Assessment and Evaluation Plan, Monitoring Plan, Quality Assurance Project Plan, California Environmental Quality Act 1.1 Project Assessment and Evaluation Plan (PAEP) 6/06 1.2 Monitoring Plan (MP) 10106 1.3 Quality Assurance Project Plan (QAPP) 10 /06 . 1.4 Copy of final CEQA/NEPA documentation Any activity in the scope of work subject to CEQA cannot begin prior to receipt of environmental clearance from the SW RCB 2/07 2.0 WORK TO BE PERFORMED BY GRANTEE 2.1 Plan Preparation Activities 2.1.1 List of reviewed materials 5106 2.1.2 TAC Meeting Minutes 6/06 2.1.3 Agency Meeting Minutes. 6/06 2.1.4 ICWMP Timeline 6/06 2.1.5 Identify Subcontractor Team Members 6/06 2.2 Public Use Impact Report 2.2.1 Memo of reviewed background data and reports 6 106 2.2.1.g Public Use Monitoring /Social Impact. Report 8/07 2.3 Urban Runoff'Flow and Water Quality Assessment 2.3.1 List of reviewed baseline information 5/06 2.3.2 Sampling results at Heisler Park and Little Corona 6 /06 2.3.3 Water Quality Assessment Report 7/06 2.4 Cross - Contamination Impacts 2.4.1 Memo on existing flow and water quality data 8/06 2.4.2 Memo regarding existing coastal watershed programs 8106 2.4.3 Memo on existing loading rates 9/06 2.4.4 Memo on Newport Bay water quality 8/06 •t Agreement No. 05 -230 -550 -0 Page 10 of 22 Item DESCRIPTION DUE DATE 2.4.5 Memo on creek and river water quality discharges 8/06 2.4.6 Memo on longshore currents and pollutant transport data 8/06 2.4.7 Pollutant Loading Report 10/06 2.4.8 Listing of GIS database expansion 2/07 2.4.9 Report on a hydrodynamic and water quality numerical model development 11/06 2.4.10 Memo on typical currents in habitat areas 12106 2.4.11 Particle Tracking Analysis 1/07 2.4.12 Draft Cross Contamination Impact Report 2107 2.4.13 Final Cross Contamination Impact Report 3/07 2.5 ASBS Research and Data Collection and Pilot Renovation Program 2.5.1 Memo of reviewed data 7106 2.5.2 Memo comparing constituent loadings from Laguna Canyon and Newport Coast Watersheds 7106 2.5.3 Toxicological study recommendations 8 /06 2.5.4 Report on implemented toxicological study 5/07 2.5.6 Memo on implementation of Comparison Study 11/06 2.5.7 Pilot Renovation Experiment recommendations 5107 2.5.8 Memo on the Pilot Renovation Experiment 9107 2.6 Coordinate Elements into ICWMP 2.6.1 ASBS Impact Metric 9106 2.6.2 Draft ICWMP 1/08 2.6.4 Final ICWMP 2/08 2.7 CEQA Documentation and Permits 2.7.2 Copies of permits obtained 02/07 2.8 Community Outreach and Agency Training 2.8.1 Incorporate ASBS submittal information on City Website 10/07 2.8.2 Public Forum meeting minutes 8107 2.8.3 Stakeholder Training Manual .12/07 Es - Grant Agreement No. 05- 230 -550 -0 - Page II of 22 'EXHIBIT C — PROJECT BUDGET 1. Line Item Budget PROP. 50 MATCH TOTAL Personnel Services $0 $99,019 $99,019 Classification Hours Wage /Hour Project Director 66 $80.58 Principal Engineer 700 57.59 Senior Water Quality Specialist ,100 41.86 Tidepool Supervisor .300 37.50 Administrative Assistant 80 35.05 GIS Analyst 400 37.87 Senior Water Quality Analyst 400 50.00 Operating Expenses. Directly Related to Project $5,000 $0 $5,000 •. Includes: Travel Expenses _ Supplies (less than $5,000 per item) Professional and Consultant Services $392,500 $132,500 $525,000 . Research and numerical modeling consulting services Public use monitoring and statistical analyses consulting . services Toxicological researcher Marine Life Area biologists .Regulatory Coordinator TOTAL i I $397,500 $231,519 $629,019 Grant Agreement No. 05- 230 -550 -0 Page 12 of 22 EXHIBIT D STANDARD CONDITIONS 1. ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENT: a) Separate Accounting of, Grant Disbursement and Interest Records: Grantee. shall account for the money disbursed pursuant to this Agreement separately from all other Grantee funds. Grantee shall maintain '. audit and accounting procedures that are in. accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of,such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work .in' accordance with generally accepted accounting :principles and, practices. ,Records are subject to inspection by State at any and all reasonable times. b) 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. c) Remittance of Unexpended Funds: Grantee, within a period of sixty (60) calendar days from the. final' disbursement from State to Grantee of grant funds, shall remit to State any unexpended funds that were disbursed to Grantee. under this Agreement and were not needed to, pay eligible project.costs.; 2. ACKNOWLEDGEMENT OF CREDIT: Grantee shall include appropriate acknowledgement of credit to the State and to all cost- sharing partners for their support when promoting the Project or using any data and/or information developed under this Agreement. 3. 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. 4. AMERICANS WITH DISABILITIES ACT: By signing this Agreement, Grantee assures State that it ' complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all .applicable regulations and guidelines issued pursuant to -the ADA. 5. AUDITS: 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 three (3).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. After completion of the Project, State may require Grantee to conduct a final audit, at Grantee's expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee, to comply with this provision shall be considered a breach of this Agreement, and State may elect to pursue any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State. 6. BUDGET CONTINGENCY: 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 STATE to make any payments under thisAgreement. 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 aright of priority for ' • ES Grant Agreement No. 65- 230 -550 -0 Page 13 of 22 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. 7. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that: a). The contractor recognizes the importance of child and family support obligations and shall; fully comply with all applicable state and federal laws relating to child and family support enforcement, . .including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8.(commencing with section 5200) of Part 5 of Division .9 of the Family Code; and b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the.names of all new employees to the New Hire Registry maintained by the California Employment Development Department." 8. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations in' Grantee's contracts with other entities for acquisition of goods and services and construction of public works with funds provided by State under this Agreement. . 9. 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. 10. CONFLICT OF INTEREST a) Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest. and which is sponsored or funded, by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. b) Former State Employee: for the two -year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she, engaged in any of the negotiations, transactions,. planning, arrangements, or any part of the decision- making process relevant to the contract while employed in any capacity by any State agency. For the twelve -month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in 'a policy - making position_ in the same general subject area as the proposed contract within the twelve -month period prior to his or her leaving State service. 11. 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. 12. DELIVERY OF INFORMATION, REPORTS; AND DATA. 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 State. 13. DISBURSEMENTS. Following the review of each invoice, State will disburse to Grantee the amount approved, subject to the availability of funds through normal State processes. 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. Grant Agreement No. 05- 230 -550 -0 Page 14 of 22 to any federal statute or regulation. All, money disbursed, pursuant to `this: Agreement shall be deposited, administered, and accounted for pursuant to the provisions of applicable law. 14. DISPUTES. Grantee shall continue with the responsibilities under this Agreement during any dispute. In the event of an invoice dispute, payment will not be made until the Aispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided 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 mall.... 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 State's. Executive Director. The decision of the Division shall be final and conclusive unless, withirt thirty (30) calendar:days after mailing the Division decision to the Grantee, the. Grantee mails or otherwise furnishes a written appeal of the decision to the State's Executive 'Director. The decision of the ,State'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 State, or any official or representative thereof, on any question of.law: 15. DRUG-FREE WORKPLACE CERTIFICATION Certification of Compliance: By. signing this Agreement, Grantee, . its contractors or subcontractors, hereby certify, under penalty of perjury Under the laws of.the State of California, compliance with the requirements of the Drug -Free Workplace Act of 1990 (Government Code 8350 et seq.) and have or will provide a drug -free workplace by taking the following actions: a) Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation; .possession, or use. of a controlled substance is prohibited and .specifying actions .to be taken . against employees, contractors, or subcontractors for violations, as required by Government Code, Section 8355(a). b) Establish a Drug -Free Awareness . Program; as required by Government Code Section 8355(b) to inform employees, contractors, or suhcontractors.about all of the following:. 1: The dangers of drug abuse in the workplace, 2. Grantee's policy of maintaining a'drug -free workplace, 3. Any available counseling, rehabilitation, and employee assistance programs, and 4. Penalties that may imposed upon employees, contractors, and subcontractors for drug abuse violations. c) Provide as required by Government Code Sections 8355(c), that every employee, contractor, and /or subcontractor who works under this Agreement: . 1. will receive a copy of Grantee's drug -free policy statement, and 2. Will agree to abide by terms of Grantee's condition of employment, contractor .. subcontract. 16. GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 17. 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. fS • G• Agreement No. 05- 230 -550 -0 Page 15 of 22 18. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantee, if any, in the performance of the Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. 19. INSPECTIONS: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Agreement. This right shall extend to any subagreements, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Agreement with State. Grantee acknowledges that the Project work site will be reportable under the Public Records Act.. State shall have the right to inspect the Grantee's office at any and all reasonable times after completion of the Project to-ensure compliance with the terms and conditions of this Agreement. During regular office hours, State shall have the right to inspect and to make copies of any books, records, or reports of the Grantee relating to this Agreement. Grantee shall maintain and shall make available at all times for such inspection accurate records of its costs, disbursements, and receipts with respect to its activities under this Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests. 20. NO THIRD PARTY RIGHTS: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established herein. 21. NONDISCRIMINATION: During the performance of this Agreement, Grantee and its contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Grantee and contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a -f). et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations.of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a -f), set forth in Chapters of Division 4 of Title 2 of the California Code of . Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts to perform work under the Agreement. 22. PERMITS, LICENSES, APPROVALS, AND LEGAL OBLIGATIONS. Grantee shall be responsible for obtaining any and all permits, licenses, and. approvals required for performing its obligations under. this Agreement. Grantee shall comply with the California Environmental Quality Act (California Public Resources Code Section 21000 at seq.) and other applicable federal, State and local laws, rules, and regulations, guidelines, and requirements prior to disbursement of funds under this Agreement.. Without limiting the foregoing, Grantee shall keep informed of and take all measures necessary to ensure compliance with California Labor Code requirements, including but not limited to Section 1720 at seq. of the California Labor Code regarding public works. 23. RELATED LITIGATION:, Under no circumstances may a Grantee use funds from any disbursement under this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water Resources Control. Board or any Regional Water Quality Control Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this agreement, the Grantee agrees to complete the Project funded by this agreement or to repay all of the grant funds plus interest. 24. REMEDIES, 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 State 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 • Grant Agreement No. 05- 230 -550 -0 Page 16 of 22 State shall not preclude the State 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. 25. RETENTION: Notwithstanding any other provision of this Agreement, the State may retain up to ten percent (10 %) of the grant amount specified in this Agreement until completion of the Project and is .accepted by the State. 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 ttfe State 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. SEVERABILITY of UNENFORCEABLE PROVISION: If any provision of this Agreement is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this Agreement shall be construed to remain fully valid, enforceable, and binding on the parties. 28. 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 State 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 State against any loss or liability arising out of any claim or action brought against 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 State with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisio.ns of this section shall survive the term of the Agreement. 29. SUCCESSORS AND ASSIGNS:. This Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.. 30. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant funds shall not be used for supplemental. environmental projects required by Regional Water Quality Control Boards. 31. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Agreement may be terminated by written notice at any time prior to completion of the Project, at the option of the State, 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 State. In the event of such termination, the Grantee agrees, upon demand, to immediately repay to the State an amount equal to the amount of s� Grant Agreement No. 05- 130 -550 -0 Page 17 of 22 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., 32. TIMELINESS: Time is of the essence in this Agreement. 33. TRAVEL: Travel includes the costs of transportation, subsistence, and other associated .costs incurred by personnel during the term of this.Agreement. Travel will.be reimbursed at or below the rate allowed for unrepresented State employees, Exhibit G, Travel and Per Diem Expenses. For the purpose of computing such expenses, Grantee's designated headquarters shall be that as shown on Section 8 of this Agreement. No travel outside the State of Califomia'shall be reimbursed unless prior written authorization:is obtained from the State. 34. VENUE: The State 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. 35. WAIVER OF RIGHTS: As a material condition of this Agreement, the Grantee agrees that acceptance of any disbursements under this Agreement shall effect a waiver of any'right of action (including pending actions) against the State Water Resources Control Board (SWRCB) or any Regional Water Quality Control Board (RWQCB) to challenge any regulation or order of the SWRCB' .or the 'RW QCB, which either requires performance.of the Project, or though, not required, whose terms or conditions would be satisfied in whole or in part by performance of the Project. This waiver shall not apply to internal administrative review by the SWRCB of its own or a RWQCB's regulation,or order, but it shall apply to judicial review thereof. This paragraph shall not apply to litigation arising due to disputes related to the performance of this Agreement. Any waiver by either party of rights arising in connection with this Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and.such provisions shall continue in full force and effect. 36. WITHHOLDING OF-GRANT DISBURSEMENTS: The State 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. • G• Agreement No. 05- 230 -550 -6 Page 18 of 22 EXHIBIT E .. PROGRESS REPORT FORMAT Grantee shall use the following outline as a template for Progress Reports. EA Executive Summary a. Provide a brief summary of the items contained in the body of the report. E.2. Report Status a. Describe work performed during the quarter: b. Describe major accomplishments, such as: I . Items of work completed 2. Milestones met 3. Meetings held or attended 4.. Press release, etc. c. Discuss any issues or concerns that may affect the schedule or budget and include recommendations on how to correct . the matter(s). d. Discuss activities planned for the next reporting period 1. A description of work to be performed in the next period 2. Issues /concerns that may affect the schedule or budget in the future and how the matter(s) will be addressed E.3 Cost Information a. Identify costs incurred during the quarter by Grantee and each subcontractor working on the Project. Include hours per item worked on during the quarter for above personnel. . b. Discuss how the actual budget is. progressing in comparison to the latest budget in Exhibit B, Project Budget. c. 'Provide a revised budget, by work item, if changed from the latest budget in Exhibit B, Project Budget. EA Schedule Information . a.: Provide a Project schedule showing actual progress versus planned progress from the latest schedule in Exhibit C, Schedule. b. Discuss how the actual schedule is progressing in comparison to the latest schedule in Exhibit C, Schedule. c. Provide a revised schedule, by work item, if changed from the latest schedule in Exhibit C, Schedule. E.5 Invoice Projections a. Submit Invoice Projection form 65 Grant Agreement No. 05-230-550-0 Page 19 of 22 EXHIBIT F GRANTEE RESOLUTION ` -4 j . lj;l t;'- Hr OF THE :-y COUNCIL `W THE -Y ,0F NEWPORT aF-ACH - THE CIT r I YNG POR TNTE CRATED . REGIONAL WATER 'MANAGEMENT -ANNING AND E 11 4-ANTS 1 i f o.l t": 5 a s te ih. a f -rz' Ac' ar, 2,0u'-2.5 jr kl- -01 'A water iuraV-1 3T1 " a an ag e -it z J r eItF and i,;: � ?, I ik,, k.. aie� '!57 Aal. 7 Resr).L—es -m r eir on oti-I kanl. All-It 2CV-'? a�acf� Marv)�-� Life D A F ,J -,Z",-froes nr 44 • GT• Agreement No. 05 -230 -550 -0 Page 11 of22 ExNIBrr G TRAVEL AND PER DIEM EXPENSES. Additional information on travel and per diem expenses may be found at the following website: . http:// www. dpa .ca.gov /jobinfo /stat6travel.shtm I. SHORT -TERM PER DIEM EXPENSES A. In computing reimbursement for continuous short-term travel of more than 24 hours and less than 31 consecutive days, the employee will be reimbursed for actual costs up to the maximum allowed for each meal, incidental, and lodging expense for each complete 24 hours of travel, beginning with the traveler's' times of departure and return, as follows: 1. On the first day of travel on a trip of 24 hours or more: 2. On the fractional day of travel at the end of a trip of more.than 24 hours: Trip ends at or after 8 a.m. Breakfast may be claimed. ' Trip ends at or after 2 p.m. Lunch maybe claimed. Trip ends at or after 7 p.m. Dinner may be claimed. If the fractional day includes an overnight stay, receipts lodging may also be claimed. No meal or lodging expense may be claimed or reimbursed more than once on any given date or.during any 24 -hour period. 3. Reimbursement shall be for actual expenses, subject to the .following maximum rates: Meals- - - -- Breakfast $ 6.00 Lunch $10.00 Receipts are not required for regular . Dinner $18.00 short-term travel meals Incidentals $ 6.00 Statewide { Actual up to $84.00 plus tax When required to conduct State business and obtain lodging in the counties of Los Angeles and San Diego, reimbursement will be for actual receipted lodging to a maximum of $110 plus tax. . When required to conduct State business and obtain lodging in the counties of Alameda, San Francisco, San Mateo, and Santa Clara, reimbursement will be for actual receipted lodging to a maximum of $140 plus tax. If lodging receipts are not submitted, ,reimbursement.will be for meals only at the rates and time frames set forth in B.1 below. IV. B. In computing reimbursement for continuous travel of less than 24 hours, actual expenses, up to the maximums in A.3 above, will be reimbursed for breakfast and /or dinner and/or lodging in accordance with the following time frames: 1. Travel begins at or.before 6 a.m. and ends at or after 9 a.m.: Breakfast may be claimed. Travel, begins at or before 4 p.m. and ends at or after 7 p.m.: Dinner may be claimed:. If the trip of less than 24 hours includes an overnight stay, receipted lodging may be claimed. No lunch or incidentals may be reimbursed on travel of less than 24 hours. 2. Employees on short -tern travel who stay in commercial lodging establishments or commercial campgrounds will be reimbursed for. actual .lodging expenses substantiated by ,a receipt. Employees who stay with friends or relatives, or who do not produce a lodging receipt, will be eligible to claim meals off. LONG -TERM TRAVEL AND PER DIEM EXPENSES A. Employee; maintains a separate. residence in the headquarters area: 1. Long -term travelers who maintain a permanent residence at their primary headquarters may claim daily long -term lodging up to $24.00 with a receipt, and long - term meals of $24.00 for each period of travel from 12 to 24 hours at the long -term location. For travel of less than 12 hours, the traveler may claim either $24.00 in receipted lodging or $24.00 in long -term meals. B. Employee does not maintain a separate residence in headquarters area: 1. Long -term travelers who do not maintain a permanent residence at their headquarters may claim daily receipted lodging up to $12.00, and long -term meals of $,12.00 for each period of travel from 12 to 24 hours at the long -term locations. For travel of less than 12 hours, the travelers may claim either $12.00 in receipted lodging or $12.00 in long-term meals. MILEAGE REIMBURSEMENT Reimbursement for personal vehicle mileage Is 34 cents per mile. Reimbursement for personal vehicle mileage using a specialized vehicle that has been modified to accommodate disabilities is 37 cents per mile. Reimbursement for vehicle rental shall be for actual and necessary costs of such rental and airplane usage shall be allowed at the. lowest fare available. Claims for reimbursements shall be allowed upon submittal of the appropriate receipt.. Refer to California Code of Regulations, Title 2, Sections 599.627 and 599:628. 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 April 26, 2005 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 2005-_ Relating to Applying for Water Quality Grants from the State Water Resources Control Board ISSUE: How should the City seek funding for solutions to water quality challenges in Newport Bay and along the ocean shoreline? Adopt Resolution 2005- _ authorizing the City to apply for water quality grants under the Integrated Regional Water Management Program of the State Water Resources Control Board. DISCUSSION: This agenda item seeks the Council's permission to apply for State water quality grants for two aspects of Newport Beach's recreational waters: (1) methods to limit illegal discharges into Areas of Special Biological Significance (ASBSs): and (2) ideas to improve the management of habitat in Upper and Lower Newport Bay via a Harbor Area Management Plan (RAMP). ASBSs. California has 34 Areas of Special Biological Significance (ASBSs) off of our coastline. The State Water Resources Control Board ( SWRCB) designates all ASBSs. The California Ocean Plan (adopted in 1997 as a plan to manage California's offshore resources) directs that "wastes shall not be discharged to areas designated as being of special biological significance" and that any runoff into the ASBS is subject to discharge prohibitions established by the SWRCB and its nine regional boards (RWQCBs). Newport Beach has two of the state's 34 ASBSs: • Newport Beach Marine Life Refuge ASBS; and the • Irvine Coast Marine Life Refuge ASBS SWRCB Grants April 26, 2005 Page 2 In October 2004, the City received a letter from the State Water Resources Control Board that said: `Your (the City';) discharge of stormwater (dry and wet weather runofq into the Newport Beach Marine Life Refuge Area of Special Biological Significance is subject to the prohibition against waste discharges to an ASBS. ° The letter further told us that exceptions are granted in some cases and that the City had to tell the SWRCB what it intended to do (ask for an exception versus stop discharges immediately) by January 1, 2005. We sent a letter asking for an exception. At the same time, we agreed to work with other affected agencies to address the problem, in part via funding available under Proposition 50 (the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002). Prior to submitting any grant for Proposition 50 funding, your City Council must adopt a resolution authorizing City staff to do so. Harbor Area Management Plan (RAMP). In recent years, the City has discussed the concept of developing a long -term plan for the management of the Harbor. We had hoped that this HAMP would assist us by establishing proper habitat goals for the Harbor and plans to achieve those goals, especially addressing the areas of: • Eelgrass; • Dredging; and • Water Quality & Total Maximum Daily Loads. Many of the affected regulatory agencies (US Fish and Wildlife, National Marine Fisheries Service, California Department of Fish and Game, the US Army Corps of Engineers, and the California Coastal Commission) have expressed interest in assisting with the HAMP (and, importantly, following it once it is adopted), but the Federal funding sought for the HAMP has never been budgeted. We hope to attain a Prop 50 grant to fund a RAMP. Environmental Review: Applying for grant funding is not a project under CEQA. Submitted by: t� Dav4fiff Assistant City Manager Attachments: Resolution 2005 - Maps of Two ASBSs in Newport Beach • • S WRCB Grants April 26, 2005 Page 3 RESOLUTION NO. 2005.— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO APPLYING FOR INTEGRATED REGIONAL WATER MANAGEMENT PLANNING AND IMPLEMENTATION GRANTS WHEREAS, voters of the State of California passed Proposition 50 (the Water Security, Clean Drinking Water, and Coastal and Beach Protection Act of 2002) in November 2002; and WHEREAS, the City Council of the City of Newport Beach supported the passage of Proposition 50 in 2002; and WHEREAS, Proposition 50 includes funding for various programs and measures designed to improve both drinking water quality and recreational water quality; and WHEREAS, Proposition 50 includes an Integrated Regional Water Management (IRWM) component that includes funding for both Planning Grants and Implementation Grants; and WHEREAS, Newport Beach is home to two Areas of Special Biological Significance (ASBSs), Upper and Lower Newport Bay, and other bay or coastal waters that are eligible for funding under Proposition 50's IRWM grants programs to improve water quality; now, therefore be it RESOLVED by the City Council of the City of Newport Beach, that application be made to the California Department of Water Resources and State Water Resources Control Board to obtain an Integrated Regional Water Management Planning Grant and /or an Integrated Regional Water Management Implementation Grant pursuant to the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Water Code Section 79560 etseq.); and be it further RESOLVED that the City is authorized to enter into an agreement to receive an IRWM Planning and/or Implementation Grant for the Newport Beach Marine Life Refuge, the Irvine Coast Marine Life Refuge, or the Upper and Lower Newport Bay; and be it further RESOLVED that the City Manager of Newport Beach is hereby authorized and directed to prepare the necessary data, conduct investigations, file such application, and execute a grant agreement with California Department of Water Resources or State Water Resources Control Board. ADOPTED this 261' day of April, 2005. STEVE BROMBERG Mayor of Newport Beach ATTEST: LAVONNE HARKLESS City Clerk SWRCB Grants April 26, 2005 Page 4 32-Newport Beach Marine Life Refuge Drainages Discharges A Outlets PIZ SWQPA Boundary del MafN Arch Rack,'. 0 334rvine Coast Marine Life Refuge 0 0 Drainages A� N atom vlei;tz' 2 Wes Discharges Outlets SWQPA Boundary W S 01 E la Linda S. Adams Secretaryfor Environmental Protection DEC -1 2009 State Water Resources Control Board Division of Financial Assistance 1001 I Street, Sacramento, California 95814• (916) 341 -5700 Mailing Address: P.O. Box 944212 • Sacramento, California 94244 -2120 FAX (916) 341 -5707 • http: //w .waterboards.ca.gov Mr. David Kiff, City Manager City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Dear Mr. Kiff: SUBJECT: FINAL PROJECT REPORT APPROVAL; CITY OF NEWPORT BEACH, INTEGRATED COASTAL WATERSHED MANAGEMENT PLANS; AGREEMENT I>;Ioar1•��Ir1��II�3 Thank you for submitting the Final Project Report for the City of Newport Beach (City), Integrated Coastal Watershed Management (ICWM) Plans (Project). The Final Project Report is approved, and fulfills Item 10 of Agreement No. 05- 230 - 550 -3. My records indicate that all deliverables for your agreement have been fulfilled, thus the City's Project is considered complete. Additionally, the City shall retain the Project's records for a minimum of thirty -five (35) years after Project completion, and shall have on hand all books, records, and other materials related to the Project for inspection or audit. Thank you for your efforts to improve the Areas of Special Biological Significance and develop an ICWM Plan for your region. If you have any questions concerning this letter, please contact me at (916) 341 -5716, or by email at smcmasters (a)waterboards.ca.gov. Sincerely, teve McMasters, P.G. Division of Financial Assistance cc: Mr. Robert Stein City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 California Environmental Protection Agency 0$ Recycled Paper