HomeMy WebLinkAboutC-3924 - PSA for Integrated Regional Watershed Management Plan (IRWMP) - the Newport Bay WatershedJ
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AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH CONNECTIVE ISSUE, INC.
FOR THE
INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this l�kh day of ZJt-n-t , 2008, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and
CONNECTIVE ISSUE, INC., a California corporation, whose address is 8212 Grimsby
Avenue, Los Angeles, California, 90045 ( "Consultant'), and is made with reference to
the following:
RECITALS
A. On March 12, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "Agreement', for
comprehensive outline preparation services for the Integrated Regional
Watershed Management Plan (IRWMP) , hereinafter referred to as
"Project". The Agreement was scheduled to expire on June 30, 2007.
B. City and Consultant have entered into one previous Amendment of the
Agreement for a fee of $71,400 to assist with preparation of the Phase 1
and Phase 2 IRWMP, the latest dated April 24, 2007, that extended the
term of the Agreement to June 30, 2008.
C. City desires to enter into this Amendment No. 2 to reflect additional
services not included in the Agreement or prior Amendments and to
extend the term of the Agreement to March 31, 2009.
D. City desires to compensate Consultant for additional professional services
needed for Project.
E. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 2" as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for services performed pursuant to this
Amendment No. 2 according to "Exhibit A" dated May 13, 2008, attached
hereto.
2. Total additional compensation to Consultant for services performed
pursuant to this Amendment No. 2 for all work performed in accordance
with this Amendment, including all reimburseable items and subconsultant
K
fees, shall not exceed Twelve Thousand and 00/100 Dollars
($12,000.00).
3. The term of the Agreement shall be extended to March 31, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date first above written.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
/A 11 U*ws
ByLX�&IM.
LaVonne Harkless,
City Clerk
CITY OF EWPOF EACH,
¢ir;i
A Mu al �Corporl do
By: 1, V,&II 1 LtA�
Mayor
for the City of Newport Beach
Connective Issue, Inc.:
By: ;'4
(Corporate Officer)
Title: &5"cj e vi[
Print Name: r, _ SJc�V7
By:
(Financial Officer)
Title: 9e> .J -e
Print Name:
Attachments: Exhibit A — Scope of Services and Billing Rates
f:\users\pbw\shared\agreements\fy 07-08\connective issue-watershed-amend2.doc
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CONNECTIVE ISSUE
5/13/08
Mr. Robert Stein
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Completion of the Integrated Regional Watershed
Management Plan (IRWMP)
Additional Scope of Work Tasks and Cost Proposal
Dear Bob:
As we discussed, these are the additional services Connective Issues
will perform to complete the first draft of the Phase 2 IRWMP.
Task List
• Task 1 - Complete first draft of the Phase II IRCWMP:
o Complete project integration concepts for each Planning
Area.
o Complete Prioritization Methodology.
o Complete summary of Funding Source Compatibility with
the IRCWMP.
• Task 2 - Public presentations and meeting attendance for the Draft
IRCWMP.
• Task 3 - Revise the IRCWMP to respond to public input and
comments.
Billing Rate = $105 /hour, not to exceed $12,000.00
Schedule: These tasks are anticipated to will be completed by
September 1, 2008.
Krista Sloniowski
Director, Connective Issue
8212 GRIMSBY AV[ ` LOS ANGELES, CA 90045 1 310 -435 -8773
• CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. is
June 10, 2008
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Bob Stein, Assistant City Engineer
949 -644 -3311 or rstein @city.newport- beach.ca.us
SUBJECT: Water Management Plan for Newport Bay Watershed — Amendment
No. 2 to Professional Services Agreement with Krista Sloniowski of
Connective Issues
Recommendations:
1. Approve Amendment No. 2 to the Professional Services Agreement with
Connective Issues ( Krista Sloniowski) of Los Angeles, California, for professional
services at a not to exceed price of $12,000 and authorize the Mayor and City
• Clerk to execute the Agreement.
2. Approve a Budget Amendment transferring $12,000 from Account No. 7014 -
05002000 Newport Coast Runoff Reduction Program to Account No. 7014 -
00310929 (Harbor Area Management Plan).
Discussion:
Under the original contract executed March 12, 2007, the City hired Krista Sloniowski of
the firm Connective Issues for a fee of $25,000 to assist the City in developing a
consultant scope of work for preparing an Integrated Regional Watershed Management
Plan (IRWMP) for the Newport Bay Watershed. On April 24, 2007, the Council
approved Amendment No. 1 to Connective Issues' Agreement to assist the City in
preparing the Phase 2 Integrated Regional Watershed Management Plan (IRWMP) for
the Newport Bay Watershed area for a fee of $71,400. Under Amendment No. 1,
Connective Issues also assisted the City in working with IRWD in preparing documents
in support of a Proposition 50 grant application (submitted on August 1, 2007).
With assistance from Connective Issues and other City consultants, the draft Phase 2
IRWMP was completed in March 2008 and circulated to a focus group composed of
local- and state -level stakeholders for review. While the core plan has, in general, been
favorably received, important and constructive comments have been received from
• members of the focus group. In order to assist the City in addressing these comments,
staff recommends amending Connective Issues' scope of work to add the following
tasks:
aWater Management Plan for Newport B *atershed — Amendment No. 2 to
Professional Services Agreement with Krista Sloniowski of Connective Issues
June 10, 2008
Page 2
• Complete the plan's concepts for project integration at the local Planning Area
level, revise the prioritization methodology;
• Highlight the Plan's compatibility with sources of grant funding; and
• Attend meetings with watershed stakeholders.
Environmental Review:
All tasks fall under the Information Gathering class of projects and are therefore
categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306.
Public Notice:
As the preparation of the Water Management Plan is a 'consensus' process, the
frequent meetings with -agencies, environmental groups, and
key business groups will continue.
Funding Availability:
Additional costs for preparing the water management plan will be offset by savings
realized in the Newport Coast Runoff Reduction Program through efficient execution of
several Newport Coast watershed tasks.
Upon approval of the recommended Budget Amendment, sufficient funds are available
in the following account for the project:
Account Description
Upper Bay and Harbor Area Management Plan
Prepared by:
Bob Stein
Assistant City Engineer
Attachments: Amendment No. 2
Account Number Amount
7014- CO310929 $ 12,000
Total: $ 12,000
Submitted
:n Badum
Works Director
•
11
•
AMENDMENT NO. 2
• TO
PROFESSIONAL SERVICES AGREEMENT
WITH CONNECTIVE ISSUE, INC.
FOR THE
INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2008, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City') and
CONNECTIVE ISSUE, INC., a California corporation, whose address is 8212 Grimsby
Avenue, Los Angeles, California, 90045 ( "Consultant'), and is made with reference to
the following:
RECITALS
A. On March 12, 2007, CITY and CONSULTANT entered into a Professional
Services Agreement, hereinafter referred to as "Agreement', for
comprehensive outline preparation services for the Integrated Regional
Watershed Management Plan (IRWMP) , hereinafter referred to as
'Project'. The Agreement was scheduled to expire on June 30, 2007.
• B. City and Consultant have entered into one previous Amendment of the
Agreement for a fee of $71,400 to assist with preparation of the Phase 1
and Phase 2 IRWMP, the latest dated April 24, 2007, that extended the
term of the Agreement to June 30, 2008.
C. City desires to enter into this Amendment No. 2 to reflect additional
services not included in the Agreement or prior Amendments and to
extend the term of the Agreement to March 31, 2009.
D. City desires to compensate Consultant for additional professional services
needed for Project.
E. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 2" as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall be compensated for services performed pursuant to this
Amendment No. 2 according to "Exhibit A" dated May 13, 2008, attached
hereto.
2. Total additional compensation to Consultant for services performed
• pursuant to this Amendment No. 2 for all work performed in accordance
with this Amendment, including ail reimburseable items and subconsultant
z
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fees, shall not exceed Twelve Thousand and 001100 Dollars
($12,000.00).
3. The term of the Agreement shall be extended to March 31, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on
the date first above written.
APPROVED AS TO FORM:
City Attorney
for the City of Newport Beach
ATTEST:
M
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Mayor
for the City of Newport Beach
Connective Issue, Inc.:
By:
(Corporate Officer)
Title:
Print Name:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Scope of Services and Billing Rates
f:Wsem\pbMshared \agreements \fy 07- 08\connective issue - watershed- amend2.doc
3
•
U
•
• 0
CONNECTIVE ISSUE
• 5/13/08
Mr. Robert Stein
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Completion of the Integrated Regional Watershed
Management Plan (IRWMP)
Additional Scope of Work Tasks and Cost Proposal
Dear Bob:
As we discussed, these are the additional services Connective Issues
will perform to complete the first draft of the Phase 2 IRWMP.
Task List
• Task I - Complete first draft of the Phase II IRCWMP:
o Complete project integration concepts for each Planning
Area.
• o Complete Prioritization Methodology.
o Complete summary of Funding Source Compatibility with
the IRCWMP.
+ Task 2 - Public presentations and meeting attendance for the Draft
IRCWMP.
+ Task 3 - Revise the IRCWMP to respond to public input and
comments.
Billing Rate = $105 /hour, not to exceed $12,000.00
Schedule: These tasks are anticipated to will be completed by
September 1, 2008.
Krista Sloniowski
Director, Connective Issue
• 8212 GRIMSBY .AVE, ILOS ANGELFS, CA 9004S i 310-435 -8773
Citeof Newport Beach
BUDGET AMENDMENT
2007 -08
EFFECT ON BUDGETARY FUND BALANCE:
Increase Revenue Estimates
Increase Expenditure Appropriations AND
PX Transfer Budget Appropriations
SOURCE:
from existing budget appropriations
from additional estimated revenues
from unappropriated fund balance
EXPLANATION:
This budget amendment is requested to provide for the following:
• NO. BA- 08BA -079
AMOUNT: $12,000.00
Increase in Budgetary Fund Balance*
Decrease in Budgetary Fund Balance
fX I No effect on Budgetary Fund Balance
To transfer expenditure appropriations from the Newport Coast Runoff Reduction account to the Harbor Area Management
Plan account for an amendment to the Professional Services Agreement with Connective Issues of Los Angeles.
ACCOUNTING ENTRY:
BUDGETARY FUND BALANCE Amount
Fund Account Description Debit Credit
REVENUE ESTIMATES (3601)
Fund/Division Account Description
EXPENDITURE APPROPRIATIONS (3603)
Description
Division
Number
7014
Misc & Studies
Account
Number
C5002000
Newport Coast Runoff Reduction $12,000.00
Division
Number
7014
Misc & Studies
Account
Number
C0310929
Upper Bay /Harbor Area Management Plan $12,000.00
Division
Number
Account
Number
Division
Number
Account
Number
Division
Number
Account
Number
' Automatic System Entry.
Signed:
Signed:
Signed:
Fina Gal Approval: Adminis tive Services Director
'Administrativee roval: City Manager
City Council Approval: City Clerk
11
ciJ "�/ 'Crime
Date
5 ,0
D e
Date
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH KRISTA SLONIOWSKI OF CONNECTIVE ISSUE
FOR THE INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN
\ THIS AMENDMENT NO. 1 T PROFESSIONAL SERVICES AGREEMENT, entered
into this a�T� l day of 2007, by and between the CITY OF
NEWPORT BEACH, a municillal corporation, (hereinafter referred to as "City") and
KRISTA SLONIOWSKI OF CONNECTIVE ISSUE, a sole proprietorship whose address
is 8212 Grimsby Avenue, Los Angeles, CA 90045 ( "Consultant'), and is made with
reference to the following:
RECITALS
A. On March 12, 2007, City and Consultant entered into a Professional
Services Agreement for a fee of $25,000, hereinafter referred to as
"Agreement." Under the Agreement, Consultant was hired to assist the
City in developing a scope of work for preparing the Basic Final Integrated
Regional Watershed Management Plan ( "IRWMP ") for the Newport Bay
Watershed. This Agreement is scheduled to expire on June 30, 2007.
B. City now desires to have Consultant work with the various stakeholders,
including the Irvine Ranch Water District, the County of Orange, the City
and other affected parties, to prepare the final IRWMP (hereinafter
referred to as the "Project). The purpose of the IRWMP is to identify and
prioritize future water quality improvement projects that could realize the
greatest benefits to the ecosystem of the Newport Bay Watershed.
C. Accordingly, City and Consultant want to enter into this Amendment No. 1
to reflect additional services not included in the Agreement or prior
Amendments and to extend the term of the Agreement to June 30, 2008.
D. City desires to compensate Consultant for the additional professional
services needed for the Project.
E. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1," as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
Consultant shall perform the services outlined in the Scope of Work
attached hereto as "Exhibit A" and incorporated in full by this reference.
2. The work shall be performed on a time and materials basis in an amount
not to exceed Seventy -One Thousand, and Four Hundred Dollars and
no/100 ($71,400.00). This amount shall include all reimbursable items
and subcontractor fees.
3. Consultant agrees to perform the services in a timely and diligent manner,
and produce the full IRWMP within a 15 -month time period.
4. The term of the Agreement shall be extended to June 30, 2008.
5. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By: !i" C
Aaron C. Harp,
Assistant City Attorney
for the City of Newport
ATTEST:
By. �
LaVonne Harkless,
City Clerk
Attachment: Exhibit A — Scope of Work
CITY OF NEWPORT BEACH,
A ipal C oration
By: I
Mayor
for the City of NewAlBeach
CONSULTANT: CONNECTIVE ISSUE
By:✓ .���---
Krista Sloniowski, Director
f:\users\pbw\shared\agreements\fy 06-07\krista sloniowski-watershed management plan -amend 1 REVISED.doc
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CONNECTIVE ISSUE PROPOSAL
FOR THE CITY OF NEWPORT BEACH
APRIL 16; 2007
PROJECT:
NEWPORT BAY WATERSHED BASIC FINAL
INTEGRATED REGIONAL WATER MANAGEMENT PLAN
OVERVIEW OF PROJECT UNDERSTANDING
The San Diego Creek Watershed is the primary drainage into Newport Bay and covers 112.2 square miles in
central Orange County. The watershed includes portions of the cities of Costa Mesa, Irvine, Laguna Woods,
Lake Forest, Newport Beach, Orange, Santa Ana, and Tustin. Its main tributary, San Diego Creek, drains
into Upper Newport Bay. Smaller tributaries include Serrano Creek, Borrego Canyon Wash, Agua Chino
Wash, Bee Canyon Wash, Peters Canyon Wash, Sand Canyon Wash and Bonita Canyon Creek.
In addition to the San Diego Creek watershed, the Santa Ana Della Channel, East Costa Mesa, Santa Isabel,
Big Canyon, Arches Channel and other smaller channels drain into Newport Bay,
Newport Bay is a combination of two distinct bodies of water, termed "Lower" and "Upper" Newport Bay
which are separated by the Pacific Coast Highway Bridge (PCH) boundary feature. Flow from Bay outlets
into the Pacific Ocean and into Areas of Sensitive Biological Significance protected by the Ocean Plan. A
Central Coastal Orange County Integrated Costal Watershed Management Plan is currently in preparation for
this sensitive marine life areas and will be completed by June 2007.
Newport Bay, its tributary sub - watersheds and the ocean receiving waters make up the central Orange County
Water Management Area (WMA) as defined by the County of Orange.
Last year the City of Newport Beach received a grant from the Department of Water Resources to prepare
the Integrated Regional Watershed Management Plan for the Newport Bay Watershed. The City has formed
a working group with staff from Irvine Ranch Water District, the County of Orange, RWQCB and other
stakeholders to develop a consultant scope of work to assist the working group in preparing the IRWMP.
The purpose of the IRWMP is to identify and prioritize future projects that could realize the greatest
ecosystem benefits. The IRWMP will set up a mechanism for stakeholder input to assist in evolving the
IRWMP as projects are put into place and as new information becomes available. Priority projects identified
by the integrated planning process will receive highest attention for funding. Given that some priority
projects will be very complex and require additional planning and design before the project can be
implemented, the IRWM Work Plan will identify the necessary steps and components required to achieve
proper program development while meeting CEQA requirements. Because of the complex and
interconnected water quality problems in the watershed challenges along with the numerous jurisdictional
agencies, 12 to 15 months have been allocated for the preparation of the full IRWMP.
There is a distinct possibility that Proposition 50 — Phase 2 funding may become available in August, 2007
that could be applied to "beneficial use" projects in the watershed. However, in order for projects to be
considered for funding, an IRWMP must be in place and the full IRWMP effort will not be completed by this
• •
date. Therefore, the Irvine Ranch Water District, the County of Orange, and the City of Newport Beach
(collectively Project Partners) desire to develop the elements of an IRWMP that are necessary for Proposition
50 funding by August, 2007. IRWD and the County of Orange will be responsible for developing the Project
List and a stakeholder -based prioritization required for this grant opportunity.
At the same time, The City of Newport Beach will be responsible for a complimentary effort that will include
a long term strategy for project integration and prioritization. This strategy will be applied to the projects that
are collected within the Prop 50 grant application effort to create a basic final IRWMP that can be used for a
Proposition 84 funding opportunity that will potentially occur as early as September, 2007. The dates for
Prop 84 grant applications could be as early as September, but the actual dates are not certain yet. Because
meeting the September deadline will require condensing work efforts quite significantly, the City of Newport
Beach will fund additional resources required to meet this deadline if the submissions for Prop 84 grants are
due that early. Once the basic final IRWMP is completed, potentially by September 1, 2007, the City of
Newport Beach will continue to work on the plan per the contract requirements with DWR to produce a
Final IRWMP.
PROPOSED APPROACH AND PROJECT TEAM
Krista Sloniowski, Director of Connective issue, will work with the City of Newport Beach, and Project
Partners as necessary, to complete a basic final Integrated Regional Water Management Plan. The scope
below outlines the activities that will occur to reach that outcome. If additional resources are required to
achieve the delivery deadline of September 1, additional funding will be made available to do so by the City of
Newport Beach.
SCOPE OF WORK
Task I— Kickoff Meeting
Connective Issue shall meet with Project Partners to discuss the most expeditious way to prepare the IItWMP
and the associated list of priority projects.
Task 2 — IRWMP Brief
Based on the discussion, Connective Issue shall prepare an IRWMP `brief` that provides a strategic context
for the watershed plan. Each project or program will have a terse summary of problems, constraints, and
opportunities. Connective Issue shall work with the Project Partners to develop a metric based on the
prioritization analysis presented in the Army Corps of Engineers Upper Newport Bay /San Diego Creek
Watershed Feasibility Study, October 24, 2005, based on each project's or program's ability to restore the
ecosystem of the watershed, ensure water supply reliability or address environmental issues that constrain the
economic health of the watershed. As directed, Connective Issue shall meet with selected stakeholders to
determine specific stakeholder needs and priorities. The brief will be submitted to the Project Partners for
review and comment and revised accordingly.
Connective Issue shall review the IRWMP requirements as stated in Proposition 50 and Proposition 84.
Connective Issue shall discuss the requirements of these propositions with the Project Partners and
incorporate material as directed. (see Footnote 1)
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The IRWMP shall incorporate the existing stakeholders and governance structures.
The brief shall discuss the environmental and economic needs of disadvantaged communities in the
watershed. By definition, these areas do not have the political and financial leverage to push forward
important projects. The goal of the IRWMP is to put in place mechanisms such that these important projects
are fairly assessed.
Task 3 — Stakeholder Outreach
As directed, Connective Issue shall send the brief to the watershed stakeholders. They will be asked to
comment. As directed, Connective Issue will meet with individual stakeholders to discuss the brief (assume 8
meetings maximum). Connective Issue shall review stakeholder comments with the Project Partners and
revise the IRWMP brief as directed.
Task 4 — Stakeholder Charrette
Connective Issue shall send the revised brief to the stakeholder group. Connective Issue shall assist the
Project Partners to set up a one -day charrette. The stakeholder group would be asked to identify the priority
environmental problems impacting the environmental and economic well-being of the Newport Bay
Watershed as a system.
Task 5 — As directed by the Project Partners, Connective Issue shall assist in preparing for and participating
in discussions with State Agency staff to facilitate and ensure a partnership with the State Agencies to
understand the established region, the IRWMP, and the proposed projects. Connective Issue will also attend
and participate in IRWM Program workshops organized by the State Agencies on behalf of the stakeholders.
Task 6 — Prepare the Basic Final IRWMP
Connective Issue shall prepare the final basic IRWMP and submit the draft to the Project Partners for review
and comments. Connective Issue shall assist in developing concepts for graphics. Graphics will be prepared
by others. Connective Issue shall coordinate with the consultant preparing the Proposition 50 application
package and ensure that the IRWMP appropriately supports the grant application package. As directed,
Connective Issue shall revise the plan and submit the revised draft. If directed by the Project Partner,
Connective Issue shall meet with stakeholders to resolve any difficulties.
Connective Issue shall use Newport Bay /San Diego Creek Watershed Management Plan as the basic template
for the IRWMP and incorporate the objectives of following documents in the strategic integration and
prioritization approach:
1. November 15, 2006 DAMP
2. Newport Bay /San Diego Creek Watershed Feasibility Study and Management Plan, 2005, USACOE;
3. County of Orange Environmental Research Section— Toxicity Task Force Work Plan (or if not
available: TMDL for OC Pesticides, RWQCB, Nov. 2006);
4. San Diego Creek Watershed Riparian Ecosystem Restoration Plan, August 2004, COE;
5. Special Area Management Plan, February 2005, COE;
6. Sediment TMDL Triennial Review, May 2005, RWQCB;
7. Coastal Planning Contract Log, 2006, RWQCB;
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8. Natural Treatment System Program, IRWD;
9. Information on Trash and FIB;
10. Urban Water Management Plans;
11, Water Master Plans; and
12. Capital Improvement Programs (CIP);
13. Other Relevant Planning Documents to the region
14. Data and maps as submitted by the RWMG and RAC members.
15. Harbors, Beaches and Parks Strategic Plan
Footnote 1:
The IRWMP will incorporate the goals and standards of Propositions 50 and 84 to include:
✓ Regional Water Management Group (Project Partners)
✓ Regional Advisory Committee (Plan Stakeholders /Project Proponents)
✓ Detailed Description of the Newport Bay /San Diego Creek Watershed
✓ IRWM Plan Goals, Objectives and Strategies
✓ Water Management Strategies — This discussion must include, but is not limited to,
thoughtful consideration of the following:
• Ecosystem Restoration,
• Environmental and Habitat Protection and Improvement,
• Water Supply Reliability,
• Flood Management,
• Groundwater Management,
• Recreation and Public Access,
• Storm Water Capture and Management,
• Water Conservation,
• Water Quality Protection and Improvement,
• Water Recycling, and
• Wetlands Enhancement and Creation. ]
• Additional water management strategies may include: conjunctive use, desalination,
imported water, land use planning, NPS pollution control, surface storage, watershed
planning, water and wastewater treatment, and water transfers.
✓ Integration
✓ Regional Priorities
✓ Implementation, including project prioritization and a schedule for implementation
✓ Impacts and Benefits
✓ Technical Analysis of Plan Performance
✓ Data Management
✓ Financing
✓ Statewide Priorities
✓ Relation to Local Planning
✓ Stakeholder Involvement
✓ Coordination — IRWMP Governance
Milestones:
• •
1) Kickoff Meeting —April 25
2) IRWMP Brief — May 15
3) Charrettee —June 1
4) Basic Final IRWMP — September 1
ESTIMATED LEVEL OF EFFORT AND COST
The client will be charged for the time and materials it takes to accomplish these tasks, with a total cost not to
exceed $71,400. Krista Sloniowski will provide services on an hourly basis, at a cost of $105 an hour. The
work is proposed to be completed by August 1It, 2007.
Krista Sloniowsld
Director, Connective Issue
CONSULTANT INFORMATION
Connective Issue
8212 Grimsby Ave
Los Angeles, CA 90045
310 - 435 -8773
5
Date
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CONNECTIVE ISSUE 2007 RATE STRUCTURE
HOURLY RATES
Junior Watershed Planner - $75/Hour
Senior Watershed Planner- $105/Hour
Technical Specialist - $125/14our
C�
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
i06- X6
Agenda Item No. 6
April 24, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Public Works Department
Robert Stein
949 - 644 -3322 or rstein@city.newport- beach.ca.us
SUBJECT: NEWPORT BAY INTEGRATED REGIONAL WATERSHED
MANAGEMENT PLAN — AMENDMENT NO. 1 TO PROFESSIONAL
SERVICES AGREEMENT WITH CONNECTIVE ISSUE (KRISTA
SLONIOWSKI)
RECOMMENDATION:
Approve Amendment No. 1 to the Professional Services Agreement with Connective
Issue (Krista Sloniowski) to prepare the Final Integrated Regional Watershed
•Management Plan (IRWMP) for the Newport Bay Watershed area at a not to exceed
price of $71,400 and authorize the Mayor and City Clerk to execute the Agreement.
DISCUSSION:
The City was awarded a $487,000 grant in 2006 from the State of California
Department of Water Resources to prepare a strategic watershed plan to. prioritize
projects and programs to accomplish beneficial use goals for Newport Bay and the
tributary watershed. For practical reasons, this strategic watershed plan has been split
into two broad tasks.
The first task is the preparation of a Harbor Area Management Plan (RAMP), a
planning document that primarily focuses on preparing a work plan to meet the
challenges confronting the City in Lower Newport Bay as well as the upper bay.
Consultant proposals have been received and a consultant will be selected shortly.
A consultant contract will be submitted next month to Council for review and
approval.
2. The second task, which is the subject of this Council memo, is the preparation of an
Integrated Regional Watershed Management Plan (IRWMP) to prioritize the
problems in the upper watershed (primarily those areas that are drained by San
Diego Creek and Santa Ana Delhi Channel) and to prepare a work plan to
implement mitigation projects. Staff is requesting an amendment to Krista
• Sloniouski's (Connective Issues) contract to prepare the Integrated Regional
Watershed Management Plan (IRWMP). The focus of Connective Issue's work will
• Newport Bay Integrated Regional Watershed Ment Plan — Amendment No. 1 to
Professional Services Agreement wr nective Issue (xrisla Sloniowski)
April 24. 2007
Page 2
be on tasks related to the upstream areas of the watershed tributary to Newport •
Bay.
Under the original contract executed March 12, 2007, the City hired Krista Sloniowskd of
the firm Connective Issue for a fee of $25,000 to assist the City in developing a
consultant scope of work for preparing an IRWMP for the Newport Bay Watershed with
the intent of requesting consultant proposals in April with selection and award in May
2007. Ms. Sloniowski was the lead planner for the Corps of Engineers' draft Newport
Bay Watershed plan and is intimately familiar with the challenges in the watershed.
Larry McKenny from the County of Orange Resources & Development Management
Department ( OCRDMD) recommended Ms. Sloniowski as highly knowledgeable and
capable.
In the meantime, Irvine Ranch Water District (IRWD) has asked for our help for
applying for Proposition 50 — Phase 2 funding which may become available in August
2007. This Prop. 50 funding would be for use for water supply or "beneficial use"
projects in the watershed. Because an IRWMP must be in place in order for projects to
be considered for funding, it now becomes important to fast -track the preparation on an
IRWMP (which we are calling the Phase 1 IRWMP). The difference between the Phase
1 IRWMP under preparation by IRWD and the Final IRWMP under preparation by the
City is that the Final IRWMP will be a much more robust plan with a more deliberate
effort to objectively identify watershed projects that accomplish the water supply,
beneficial use, and ecosystem objectives for the Newport Bay Watershed. •
IRWD, OCRDMD and City of Newport Beach have agreed to work collaboratively in
preparing the Phase 1 IRWMP and associated Prop 50 grant application package. The
collaborative effort entails the following:
• IRWD has hired a consultant to prepare the Phase 1 IRWMP watershed
management plan and the Prop. 50 grant application package. IRWD hopes to
have these products ready this summer. In support of that effort, the City will
direct its consultant, Connective Issues, to front -load preparation of certain
chapters of the Final IRWMP, specifically the Objectives and Strategies
chapters, for inclusion in the Phase 1 IRWMP. An IRWMP Working Group
composed of staff from IRWD, OCRDMD and the City will coordinate the efforts
between the Phase 1 IRWMP and Final IRWMP.
• Working cooperatively with the IRWMP Working Group, the City Will continue its
meetings with the watershed stakeholders to develop a list of priority projects
and tasks. As possible, this information will be included in the Phase 1 IRWMP.
Following just behind the Prop. 50 grant applications is the first round of Proposition 84
funding that may become available this fall. In order to qualify for funding under this
grant, the City plans to complete the basic tasks for-the Final IRWMP by September
2007. The City Will fold in IRWD's Phase 1 efforts into the Final IRWMP.
Because of the abbreviated time available to perform the tasks for the Phase 1 IRWMP •
and Final IRWMP, there is not enough time. to use our standard, qualifications -based
selection process. Staff thinks that Connective Issues has performed well under its
Newport Bay Integrated Regional Watershed MalOnent Plan — Amendment No. t to
Professional Services Agreement with Connective Issue (I(rista Sloniowssld)
Apri124, 2007
Page 3
•initial contract and recommends that the Connective Issues contract be amended to
include performing the tasks needed to support IRWDs effort with the Phase 1 IRWMP
and for completing the basic tasks for the City's Final IRWMP.
Environmental Review:
All tasks fall under the Information Gathering class of projects and are therefore
categorically exempt pursuant to CEQA Guidelines, Article 19, Section 15306.
Public Notice:
As the preparation of the Watershed Management Plan is a consensus process,
frequent meetings with stakeholders, e.g. local agencies, environmental groups, and
key business groups are needed.
Funding Availability:
There are sufficient funds available in the following account for the project:
Account Description
Upper Bay and Harbor Area
Management Planning
• Prepared by:
\ 1A �
Robert Steih, P. .
Principal Civil Engineer
Attachments: Amendment No. 1
•
Account Number Amount
7255- CO310929 $71,400.00
Total: $71,400.00
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AMENDMENT NO.1 •
TO
PROFESSIONAL SERVICES AGREEMENT
WITH KRISTA SLONIOWSKI OF CONNECTIVE ISSUE
FOR THE INTEGRATED REGIONAL WATERSHED MANAGEMENT PLAN
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this day of , 2007, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and
KRISTA SLONIOWSKI OF CONNECTIVE ISSUE, a sole proprietorship whose address
is 8212 Grimsby Avenue, Los Angeles, CA 90045 ( "Consultant "), and is made with
reference to the following:
RECITALS
A. On March 12, 2007, City and Consultant entered into a Professional
Services Agreement for a fee of $25,000, hereinafter referred to as
"Agreement." Under the Agreement, Consultant was hired to assist the
City in developing a scope of work for preparing the Basic Final Integrated
Regional Watershed Management Plan ( "IRWMP ") for the Newport Bay
Watershed. This Agreement is scheduled to expire on June 30, 2007.
B. City now desires to have Consultant work with the various stakeholders, •
including the Irvine Ranch Water District, the County of Orange, the City
and other affected parties, to prepare the final IRWMP-(hereinafter
referred to as the "Project). The purpose of the IRWMP is to identify and
prioritize future water quality improvement projects that could realize the
greatest benefits to the ecosystem of the Newport Bay Watershed.
C. Accordingly, City and Consultant want to enter into this Amendment No. 1
to reflect additional services not included in the Agreement or prior
Amendments and to extend the tern of the Agreement to June 30, 2008.
D. City desires to compensate Consultant for the additional professional
services needed for the Project.
E. City and Consultant mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1," as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Consultant shall perform the services outlined in the Scope of Work
attached hereto as "Exhibit A" and incorporated in full by this reference.
2. The work shall be performed on a time and materials basis in an amount •
not to exceed Seventy-One Thousand, and Four Hundred Dollars and
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no /100 ($71,400.00). This amount shall include all reimbursable items
and subcontractor fees.
3. Consultant agrees to perform the services in a timely and diligent manner,
and produce the full IRWMP within a 15 -month time period.
4. The term of the Agreement shall be extended to June 30, 2008.
5. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By: C' `—
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
Attachment Exhibit A — Scope of Work
CITY OF NEWPORT BEACH,
A Municipal Corporation
By:
Mayor
for the City of Newport Beach
CONSULTANT: CONNECTIVE ISSUE
By:
Krista Sloniowski, Director
M wers%pbwlstaredlagreemerdsVy 0"7Wtta simowski-watershed management plan-amend 1REVISED.doc
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CONNECTIVE ISSUE PROPOSAL i
FOR THE CITY OF NEWPORT BEACH
APRIL 16, 2007
PROJECT:
NEWPORT BAY WATERSHED BASIC FINAL
INTEGRATED REGIONAL WATER MANAGEMENT PLAN
OVERVIEW OF PROJECT UNDERSTANDING
The San Diego Creek Watershed is the primary drainage into Newport Bay and covers 112.2 square miles in
central Orange County. The watershed includes portions of the cities of Costa Mesa, Irvine, Laguna Woods,
Lake Forest, Newport Beach, Orange, Santa Ana, and Tustin. Its main tributary, San Diego Creek, drains
into Upper Newport Bay. Smaller tributaries include Serrano Creek, Borrego Canyon Wash, Agua Chino
Wash, Bee Canyon Wash, Peters Canyon Wash, Sand Canyon Wash and Bonita Canyon Creek
In addition to the San Diego Creek watershed, the Santa Ana Delhi Channel, East Costa Mesa, Santa Isabel,
Big Canyon, Arches Channel and other smaller channels drain into Newport Bay.
Newport Bay is a combination of two distinct bodies of water, termed "Lower" and "Upper" Newport Bay •
which are separated by the Pacific Coast Highway Bridge (PCH) boundary feature. Flow from Bay outlets
into the Pacific Ocean and into Areas of Sensitive Biological Significance protected by the Ocean Plan. A
Central Coastal Orange County Integrated Costal Watershed Management Plan is currently in preparation for
this sensitive marine life areas and will be completed by June 2007.
Newport Bay, its tributary sub-watersheds and the ocean receiving waters make up the central Orange County
Water Management Area (WMA) as defined by the County of Orange.
Last year the City of Newport Beach received a grant from the Department of Water Resources to prepare
the Integrated Regional Watershed Management Plan for the Newport Bay Watershed. The City has formed
a working group with staff from Irvine Ranch Water District, the County of Orange, RWQCB and other
stakeholders to develop a consultant scope of work to assist the working group in preparing the IRWMP.
The purpose of the LRWMP is to identify and prioritize future projects that could realize the greatest
ecosystem benefits. The IRWMP will.set up a mechanism for stakeholder input to assist in evolving the
IRWMP as projects are put into place and as new information becomes available. Priority projects identified
by the integrated planning process will receive highest attention for funding. Given that some priority
projects will be very complex and require additional planning and design before the project can be
implemented, the IRWM Work Plan will identify the necessary steps and components required to achieve
proper program development while meeting CEQA requirements. Because of the complex and
interconnected water quality problems in the watershed challenges along with the numerous jurisdictional
agencies, 12 to 15 months have been allocated for the preparation of the full IRWMP.
There is a distinct possibility that Proposition 50 — Phase 2 funding may become available in August, 2007
that could be applied to "beneficial use" projects in the watershed However, in order for projects to be
considered for funding, an IRWMP must be in place and the full IRWMP effort will not be completed by this
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date. Therefore, the Irvine Ranch Water District, the County of Orange, and the City of Newport Beach
(collectively Project Partners) desire to develop the elements of an IRWMP that are necessary for Proposition
50 funding by August, 2007. IRWD and the County of Orange will be responsible for developing the Project
List and a stakeholder -based prioritization required for this grant opportunity.
At the same time, The City of Newport Beach will be responsible for a complimentary effort that will include
a long term strategy for project integration and prioritization. This strategy will be applied to the projects that
are collected within the Prop 50 grant application effort to create a basic final IRWW that can be used for a
Proposition 84 funding opportunity that will potentially occur as early as September, 2007. The dates for
Prop 84 grant applications could be as early as September, but the actual dates are not certain yet. Because
meeting the September deadline will require condensing work efforts quite significantly, the City of Newport
Beach will fund additional resources required to meet this deadline if the submissions for Prop 84 grants are
due that early. Once the basic final IRWMP is completed, potentially by September 1, 2007, the City of
Newport Beach will continue to work on the plan per the contract requirements with DWR to produce a
Final IRWMP.
PROPOSED APPROACH AND PROJECT TEAM
Krista Sloniowski, Director of Connective Issue, will work with the City of Newport Beach, and Project
Partners as necessary, to complete a basic final Integrated Regional Water Management Plan. The scope
below outlines the activities that will occur to reach that outcome. If additional resources are required to
achieve the delivery deadline of September 1, additional funding will be made available to do so by the City of
Newport Beach.
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SCOPE OF WORK
Task 1— Kickoff Meeting
Connective Issue shall meet with Project Partners to discuss the most expeditious way to prepare the hRWMP
and the associated list of priority projects.
Task 2 — IRWMP Brief
Based on the discussion, Connective Issue shall prepare an IRWMP `brief that provides a strategic context
for the watershed plan. 'Each project or program will have a terse summary of problems, constraints, and
opportunities. Connective Issue shall work with the Project Partners to develop a metric based on the
prioritization analysis presented in the Army Corps of Engineers Upper Newport Bay /San Diego Creek
Watershed Feasibility Study, October 24, 2005, based on each project's or program's ability to restore the
ecosystem of the watershed, ensure water supply reliability or address environmental issues that constrain the
economic health of -the watershed As directed, Connective Issue shall meet with selected stakeholders to
determine specific stakeholder needs and priorities. The brief will be submitted to the Project Partners for
review and comment and revised accordingly.
Connective Issue shall review the IRWMP requirements as stated in Proposition 50 and Proposition 84.
Connective Issue shall discuss the requirements of these propositions with the Project Partners and
incorporate material as directed (see Footnote 1)
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The IRWMP shall incorporate the existing stakeholders and governance structures. •
The brief shall discuss the environmental and economic needs of disadvantaged communities in the
watershed By definition, these areas do not have the political and financial leverage to push forward
important projects. The goal of the IRWMP is to put in place mechanisms such that these important projects
are fairly assessed.
Task 3 — Stakeholder Outreach
As directed, Connective Issue shall send the brief to the watershed stakeholders. They will be asked to
comment As directed, Connective Issue will meet with individual stakeholders to discuss the brief (assume 8
meetings maximum). Connective Issue shall review stakeholder comments with the Project Partners and
revise the 1RWMP brief as directed.
Task 4 — Stakeholder Charrette
Connective Issue shall send the revised brief to the stakeholder group. Connective Issue shall assist the
Project Partners to set up a one -day charrette. The stakeholder group would be asked to identify the priority
environmental problems impacting the environmental and economic well-being of the Newport Bay
Watershed as a system.
Task 5 — As directed by the Project Partners, Connective Issue shall assist in preparing for and participating
in discussions with State Agency staff to facilitate and ensures partnership with the State Agencies to .
understand the established region, the IRWMP, and the proposed projects. Connective Issue will also attend
and participate in IRWM Program workshops organized by the State Agencies on behalf of the stakeholders.
Task 6 — Prepare the Basic Final IRWMP
Connective Issue shall prepare the final basic IRWMP and submit the draft to the Project Partners for review
and comments. Connective Issue shall assist in developing concepts for graphics. Graphics will be prepared
by others. Connective Issue shall coordinate with the consultant preparing the Proposition 50 application
package and ensure that the IRWMP appropriately supports the grant application package. As directed,
Connective Issue shall revise the plan and submit the revised draft If directed by the Project Partner,
Connective Issue shall meet with stakeholders to resolve any difficulties.
Connective Issue shall use Newport Bay /San Diego Creek Watershed Management Plan as the basic template
for the IRWMP and incorporate the objectives of following documents in the strategic integration and
prioritization approach:
1. November 15, 2006 DAMP
2, Newport Bay /San Diego Creek Watershed Feasibility Study and Management Plan, 2005, USACOE;
3. County of Orange Environmental Research Section— Toxicity Task Force Work Plan (or if not
available: TMDL for OC Pesticides, RWQCB, Nov. 2006);
4. San Diego Creek Watershed Riparian Ecosystem Restoration Plan, August 2004, COE;
5. Special Area Management Plan, February 2005, COE,
6. Sediment TMDL Triennial Review, May 2005, RWQCB;
7. Coastal Planning Contract Log, 2006, RWQCB;
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8. Natural Treatment System Program, IRWD;
9. Information on Trash and FIB;
10. Urban Water Management Plans;
11. Water Master Plans; and
12. Capital Improvement Programs (CIP);
13. Other Relevant Planting Documents to the region
14. Data and maps as submitted by the RWMG and RAC members.
15. Harbors, Beaches and Parks Strategic Plan
Footnote 1:
The IRWMP will incorporate the goals and standards of Propositions 50 and 84 to include:
✓ Regional Water Management Group (Project Parnters)
✓ Regional Advisory Committee (Plan Stakeholders /Project Proponents)
✓ Detailed Description of the Newport Bay /San Diego Creek Watershed
✓ IRWM Plan Goals, Objectives and Strategies
✓ Water Management Strategies — This discussion must include, but is not limited to,
thoughtful consideration of the following.
Milestones:
• Ecosystem Restoration,
• Environmental and Habitat Protection and Improvement,
• Water Supply Reliability,
• Flood Management,
• Groundwater Management,
• Recreation and Public Access,
• Storm Water Capture and Management,
• Water Conservation,
• Water Quality Protection and Improvement,
• Water Recycling, and
• Wetlands Enhancement and Creation. 1
• Additional water management strategies may include: conjunctive use, desalination,
imported water, land use planning, NPS pollution control, surface storage, watershed
planting, water and wastewater treatment, and water musters.
✓ Integration
✓ Regional Priorities
✓ Implementation, including project prioritization and a schedule for implementation
✓ Impacts and Benefits
✓ Technical Analysis of Plan Performance
✓ Data Management
✓ Financing
✓ Statewide Priorities
✓ Relation to Local Planning
✓ Stakeholder Involvement
✓ Coordination — IRWMP Governance
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1) Kickoff Meeting — April 25 •
2) IRWMP Brief — May 15
3) Charrettee —June 1
4) Basic Final IRWMP — September 1
ESTIMATED LEVEL OF EFFORT AND COST
The client will be charged for the time and materials it takes to accomplish these tasks, with a total cost not to
exceed $71,400. Krista Sloniowski will provide services on an hourly basis, at a cost of $105 an hour. The
work is proposed to be completed by August 1a, 2007.
Krista Sloniowski
Director, Connective Issue
CONSULTANT INFORMATION
Connective Issue
8212 Grimsby Ave
Los Angeles, CA 90045
310- 435 -8773
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Date
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• CONNECTIVE ISSUE 2007 RATE STRUCTURE
HOURLY RATES
Junior Watershed Planner - $75/Hour
Senior Watershed Planner - $105/Hour
Technical Specialist - $125/Hour
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PROFESSIONAL SERVICES AGREEMENT WITH
KRISTA SLONIOWSKI
FOR THE NEWPORT BAY WATERSHED MANAGEMENT PROJECT
THIS AGREEMENT is made and entered into as of this /s _ day of )W"Y11 -
2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation
( "City "), and KRISTA SLONIOWSKI, an individual, whose address is 8212 Grimsby
Avenue, Los Angeles, CA 90045 ( "Consultant "), and is made with reference to the
following: `
RECITALS
.A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City Is planning to prepare a Newport Bay watershed strategic plan that will be
used as a coordination guide in working with the County, Cities and other
agencies and stakeholders in the watershed to develop a coordinated program
toward meeting the beneficial use goals for the watershed.
G. City desires to engage Consultant to develop a comprehensive outline for the
watershed strategic plan ( "Project ").
D. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Consultant for purposes of Project, shall be Krista
Sloniowski.
F. City has solicited and received a proposal from Consultant, has reviewed the
previous experience and evaluated the expertise of Consultant, and desires to
retain Consultant to render professional services under the terms and conditions
set forth in this7Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2007, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Consultant shall diligently develop a comprehensive outline for the watershed
strategic plan as assigned by the Project Engineer.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Consultant to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Consultant shall not be responsible for delays
due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other party so that all delays can be addressed.
3.1 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the
circumstances, by either telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONSULTANT
City shall pay Consultant for the services on a time and expense not -to- exceed
basis in accordance with the provisions of this Section and the Billing Rate of
$105 /hr. and incorporated herein by reference. Consultant's compensation for all
work performed in accordance with this Agreement, including all reimbursable
items and subconsultant fees, shall not exceed Twenty Five Thousand Dollars
and no /100 ($25,000) without prior written authorization from City. No billing
rate changes shall be made during the term of this Agreement without the prior
written approval of City.
4.1 Consultant shall submit monthly invoices to City describing the work
performed the preceding month. Consultant's bills shall include the name
of the person who performed the work, a brief description of the services
performed and/or the specific task in the Scope of Services to which it
relates, the date the services were performed, the number of hours spent
on all work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Consultant no later than thirty
(30) days after approval of the monthly invoice by City staff.
4.2 City shall reimburse Consultant only for those costs or expenses
specifically approved in this Agreement, or specifically approved in writing
in advance by City.
5. PROJECT MANAGER
Consultant shall designate a Project Manager, who shall coordinate all phases of
the Project. This Project Manager shall be available to City at all reasonable
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times during the Agreement term. Consultant has designated KrIsta
Sloniowski to be its Project Manager. Consultant shall not remove or reassign
the Project Manager.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. Bob
Stein shall be the Project Administrator and shall have the authority to act for
City under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement,
CITY'S RESPONSIBILITIES
In order to assist Consultant in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Consultant, access to all existing
relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Consultant or under Consultant's
supervision. Consultant represents that it possesses the professional and
technical personnel required to perform the services required by this
Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City. By
delivery of completed work, Consultant certifies that the work conforms to
the requirements of this Agreement and all applicable federal, state and
local laws and the professional standard of care.
8.2 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force in effect during the term hereof, at its sole cost and
expense, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature that is legally. required of Consultant to practice its
profession. Consultant shall maintain a City of Newport Beach business
license during the term of this Agreement.
8.3 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by
reason of strikes, lockouts, accidents, or acts of God, or the failure of City
to furnish timely information or to approve or disapprove Consultant's
work promptly, or delay or faulty performance by City, contractors, or
governmental agencies.
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9. HOLD HARMLESS
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To the fullest extent permitted by law, Consultant shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and
against any and all claims (including, without limitation, claims for bodily injury,
death or damage to property), demands, obligations, damages, actions, causes
of action, suits, losses, judgments, fines, penalties, liabilities, costs and
expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a Claim; collectively,
"Claims "), which may arise from or in any manner relate (directly or indirectly) to
any breach of the terms and conditions of this Agreement, any work performed
or services provided under this Agreement (including, without limitation, defects
in workmanship or materials and /or design defects [if the design originated with
Consultant]) or Consultant's presence or activities conducted on the Project
(including the negligent and /or willful acts, errors and /or omissions of Consultant,
its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them.
Notwithstanding the foregoing, nothing herein shall be construed to require
Consultant to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Consultant.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the work are under the control of Consultant, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Consultant or any of Consultant's employees or agents, to be the agents or
employees of City. Consultant shall have the responsibility for and control over
the means of performing the work, provided that Consultant is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Consultant as to the details of the performance or to
exercise a measure of control over Consultant shall mean only that Consultant
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Consultant agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Consultant on the Project.
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12. CITY POLICY
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Consultant shall discuss and review all matters relating to policy and Project
direction with City s Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Consultant is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the Project, activities performed and planned, and any meetings that
have been scheduled or are desired.
14. INSURANCE
Automobile Liability Coverage. Consultant shall maintain automobile insurance
covering bodily injury and property damage for all activities of the Consultant
arising out of or in connection with work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than three hundred thousand dollars ($300,000) combined
single limit for each occurrence.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Consultant, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Consultant. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Consultant. Assignments of any or all rights, duties or obligations of the
Consultant under this Agreement will be permitted only with the express written
consent of City. Consultant shall not subcontract any portion of the work to be
performed under this Agreement without the prior written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
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Consultant, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Consultant or any other party. Consultant shall, at Consultant's
expense, provide such Documents to City upon prior written request.
Documents, including drawings and specifications, prepared by Consultant
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed Documents
for other projects and any use of incomplete Documents without specific written
authorization from Consultant will be at City's sole risk and without liability to
Consultant. Further, any and all liability arising out of changes made to
Consultant's deliverables under this Agreement by City or persons other than
Consultant is waived against Consultant and City assumes full responsibility for
such changes unless City has given Consultant prior notice and has received
from Consultant written consent for such changes.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes in writing the release of information.
19. OPINION OF COST
Any opinion of the construction cost prepared by Consultant represents his /her
judgment as a design professional and is supplied for the general guidance of
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to City.
20. INTELLECTUAL PROPERTY INDEMNITY
The Consultant shall defend and indemnify City, its agents, officers,
representatives and employees against any and all liability, including costs, for
infringement of any United States' letters patent, trademark, or copyright
infringement, including costs, contained in Consultant's drawings and
specifications provided under this Agreement.
21. RECORDS
Consultant shall keep records and invoices in connection with the work to be
performed under this Agreement. Consultant shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of
City to examine, audit and make transcripts or copies of such records and
invoices during regular business hours. Consultant shall allow inspection of all
0
work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Consultant under this
Agreement.
22. WITHHOLDINGS
City may withhold payment to Consultant of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be
deemed to constitute a failure to pay according to the terms of this Agreement.
Consultant shall not discontinue work as a result of such withholding. Consultant
shall have an immediate right to appeal to the City Manager or hislher designee
with respect to such disputed sums. Consultant shall be entitled to receive
interest on any withheld sums at the rate of return that City earned on its
investments during the time period, from the date of withholding of any amounts
found to have been improperly withheld.
23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
The Consultant or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Consultant shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Consultant shall indemnify and hold
harmless City for any and all claims for damages resulting from Consultant's
violation of this Section.
25. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Consultant to City shall be addressed to City at:
Attn: Bob Stein
Public Works Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92663
7
Phone: 949 - 644 -3322
Fax: 949- 644 -3318
All notices, demands, requests or approvals from CITY to Consultant shall be
addressed to Consultant at:
Krista Sloniowski
8212 Grimsby Avenue
Los Angeles, CA 90045
Phone: 310 -435 -8773
26. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time. and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
steps necessary to cure such default, and thereafter diligently take steps to cure
the default, the non - defaulting party may terminate the Agreement forthwith by
giving to the defaulting party written notice thereof.
Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days prior written notice to Consultant. In the event of
termination under this Section, City shall pay Consultant for services
satisfactorily performed and costs incurred up to the effective date of termination
for which Consultant has not been previously paid. On the effective date of
termination, Consultant shall deliver to City all reports, Documents and other
information developed or accumulated in the performance of this Agreement,
whether in draft or final form.
27. COMPLIANCE WITH ALL LAWS
Consultant shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Consultant shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
0
29. INTEGRATED CONTRACT
0
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
30. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
31. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Consultant and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
0
• •
35. EQUAL OPPORTUNITY EMPLOYMENT
Consultant represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
Assistant City Attorney, Aaron Harp
for the City of Newport Beach
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Y�
ephen adum
for the City of Newport Beach
KRISTA SLONIOWSKI:
By:�.
Krista Sloniowski
Attachments: Letter Proposal dated 2/9/07
F : \Users\PBWVShamcKAgreements\FY 0"7\Krista Sloniowski- Watershed Management Plan.doc
10
•
0
OVERVIEW OF PROJECT UNDERSTANDING
The City of Newport Beach has received a Proposition 50 grant from the State to develop an Integrated
Regional Watershed Management Plan (IRWMP). The Newport Bay Watershed has the advantage of being
one of the most studied natural resources in the Nation. In addition, the stakeholders in this area assn have a
long history of collaboration on resource management activities. Both the available technical information and
the local experience in collaboration can be leveraged to further advance the capacity for integrated water
resource planning and project implementation in this community.
Because watershed planning efforts have been underway in this area for a long time, the strategic framework
needed for this kind of plan has already been developed. The Newport Bay Watershed Management
Committee has nearly completed an extensive effort to develop a Strategic Plan for the Newport Bay
Watershed. Therefore, stakeholders can build on this effort by focusing specifically on developing a plan that
focuses on the project planning level and is consistent with both the Watershed's Strategic Plan, as well as
with the State's goals for integrated planning and project development.
Towards this cud, the City of Newport Beach will identify the projects that will be included in the planning
process, as well as a framework that atmlegwo integrates these projects. It will then use this list to develop a
scope of work for an RFP to functional!# integrate, schedule and budget the listed projects. Finally, the City
will identify the policy and programmatic issues related to the implementation of the identified projects that
will need to be considered by the Newport Bay Watershed Executive Committee in order to ensure
successful implementation.
PROPOSED APPROACH AND PROJECT TEAM
Krista Sloniowski, Director of Connective Issue, will work with the City of Newport Beach to complete the
first step of the project integration and planning process. This entails generating a Est of water resource
projects within the Newport Bay Watershed, as well as a framework for their strategic integration. The scope
below outlines the activities that will occur to reach that outcome.
SCOPE OF WORK
I. Connective Issue shall review existing studies and reports prepared for the Newport Bay watershed
prepared for or by the Corps of Engineers, Countv of Orange, RWQCB, F%RCB, Departmenr of
Fish and Game, IR1ffiD, Irvine Company, City of Newpurt Beach and other relevant organizations
doing watershed work in the Newport Bay Watershed. Connective Issue shall compile a list of the
completed and projected water resource studies and projects for watershed issues in the Newport
Bay Watershed including water quality, ecosystem protection and restoration, economic
development, and other associated issues. Connective Issue shall develop a framework that identifies
the strategic relationships between these projects, and with the Luger watershed.
2. Connective Issue shall assist the City in preparing a Request for Consultant Proposals based on the
restilts of the previous tasks.
3. Connective Issue shall attend meetings as requested by the City.
Deliverables:
L
1) An Excel spreadsheet of the identified water resource studies and projects, as well as the strategic
framework identifying their relationships.
2) A written overview of the identified projects and their relationships to each other, as well as a
description and tationalle for the strategic framwork that was developed. This document will be a
minimum of 5 pages and a maximum of 10 pages.
ESTIMATED LEVEL OF EFFORT AND COST
The client will be charged for the time and materials it takes to accomplish these tasks, with a total cost not to
exceed $25,000. Krista Sloniowski will provide services on an hourly basis, at a cost of $105 an hour. The
work is proposed to be completed within 2 months from the execution of the contract.
CONSULTANT INFORMATION
Connective Issue
6212 Grimsby Ave
Los Angeles, CA 90045
310 -435 -8773
Krista Sloniowslci Date
Director, Connective Issue
CITY OF NEWPORT BEACH
9
CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE
I hereby certify that in the performance of the work for which this Agreement is entered
into, I shall not employ any person in any manner so as to become subject to the Workers'
Compensation Laws of the State of California.
a-S-7
Executed on this 60 day of E �v�u� 2003., at Newport Beach,
California..
�� I-- -
JAdd Consultant's name and title]
9�
0
COMPANY NAME:
FARMERS INSURANCE EXCHANGE, LOS ANGELES, CALIFORNIA
AN INTER - INSURANCE EXCHANGE, HEREIN CALLED THE COMPANY
Fnr,rERS
yIN39PPefE'.
+j•. GPOIIP
�..CF".•3.�
DECLARATIONS
TRANSACRONTYPE: CHANGE- MORTGAGEE
The Effective date is from TIME APPLIED FOR.* x * * The Policy maybe renewed form additional policy term of six
months each time the Company offers to renew by sending a bill for the required renewal premium, and the insured pays said premium in
advance of the respective renewal date The Policy is issued in reliance upon the statements in the Declarations.
INSURED'S RAMEAND ADDRU-
JAMES WALKER
KRISTA SLONIOWSKI
8212 GRIMSBY AVE
WSTCHSTR CA 90045
ISSUING OFFICE:
P.O BOX 9070
VAN NUYS, CA 91409
UESC IPMK OF VEHICLE
POLhYNO 29 16813 -43-46
POLICY EDIROR 03
EPHtUDAIE 02 -13 -2007
EXPOIRON DATE 05 -20 -2007
EXPRAROR RME 12:01 A.M. Standard Time
PREMATIC NO FP30735
AUK Julian W Summers
AGRaNlt 29 59 357 AOENTMONE (310) 831 -4000
COVERAGES '111TRIKINTNOWARNMMAK w 11MIN 40t FOR emVtl0F RF519RANDIRI
EOMON NUMBER
TIME AND DHEFURON
•F' eSuR
" 0'•
END. AMENDING DEFINITION OF UNINSURED MOTORIST COVERAGE
N
10T
-;'
. sx.
7`y
ENDORSEMENT AMENDING PART IV - DAMAGE TO YOUR CAR
B1042
1ST.
ARBOR MINOR A(ADM
2005
MINI
COOPER 8
WMWRE33515TLI4938
0 0 0
COVERAGES '111TRIKINTNOWARNMMAK w 11MIN 40t FOR emVtl0F RF519RANDIRI
PREMIUM BY COVERAGE
278.20 84.30 xxxxxxxxxx 43.90 146.10 1 4.40
ENDORSEMENTS - ENDORSFMEBISARE PART Of THE POU(YAND AMEND THE POLICY.
ENDMIMEUNNMDBE
EOMON NUMBER
TIME AND DHEFURON
CA014
...:1..
END. AMENDING DEFINITION OF UNINSURED MOTORIST COVERAGE
E0022
10T
-;'
..
7`y
ENDORSEMENT AMENDING PART IV - DAMAGE TO YOUR CAR
B1042
1ST.
ENDORSEMENT AMENDING PART 1 - LIABILITY
E1140
1ST
END. AMENDING PART III MEDICAL COVERAGE E - MEDICAL EXPENSE
E1154
^
END. AMENDING DEFINITION OF INSURED PERSON UNDER PART 1
E1201
12T
AMENDKD BUSINESS USE EXCLUSION
E1248
1ST
ENDORSEMENT AMENDING CUSTOMIZING EQUIPMENT EXCLUSION
NOT C.OV'
2ND
250 500 100
2Q0
Q001 COV
xxx xxx
NC
1000
1000
NC NC
FA
M.
4.40
Person 0teurenEe
Passe
Oaurerse
xxx xxx
lia6. Nadoel
PREMIUM BY COVERAGE
278.20 84.30 xxxxxxxxxx 43.90 146.10 1 4.40
ENDORSEMENTS - ENDORSFMEBISARE PART Of THE POU(YAND AMEND THE POLICY.
ENDMIMEUNNMDBE
EOMON NUMBER
TIME AND DHEFURON
CA014
21RD
END. AMENDING DEFINITION OF UNINSURED MOTORIST COVERAGE
E0022
10T
MONTHLY PAYMENT AGREEMENT
E1027
1ST
ENDORSEMENT AMENDING PART IV - DAMAGE TO YOUR CAR
B1042
1ST.
ENDORSEMENT AMENDING PART 1 - LIABILITY
E1140
1ST
END. AMENDING PART III MEDICAL COVERAGE E - MEDICAL EXPENSE
E1154
2ND
END. AMENDING DEFINITION OF INSURED PERSON UNDER PART 1
E1201
12T
AMENDKD BUSINESS USE EXCLUSION
E1248
1ST
ENDORSEMENT AMENDING CUSTOMIZING EQUIPMENT EXCLUSION
E1401
2ND
SAFETY GLASS DEDUCTIBLE BUYBACK - COVERAGE F
CONTINUED ON NEXT PAGE
VIxVURI3a / RAIEAV YLAIM / surahargee FULICT AUEYIH (Submit =OWN due with enuosem invoke)
ANTILOCK BRAKES Previous Balance
MULTIPLE CAR Premium
AUTO/HOME - Fees A11Y MUr BALM M (REDO
GOOD DRIVER VA 0110WRIEAPml M
Payments or Credits YOUR 9011 811E U9110 OVER
57.00AIEDOE tlPOM M@PL
PREMATIC Total
LIENHOLDER OR OTHER INTEREST:
5A -5002 AN O N ON 9-04 29 16813-43-46 (Continued Next Page)
Csumery M0
04// !�Wmhed RpasiM i
02 -14 -2007
[k% *1
s�
k •
COVERAGE DESIGNATIONS
COVERAGES — Indicated by "COW or the limit of Company's liability against each coverage. "NC" or "NOT
00'P' means "NOT COVERED" "MAX" means "Maximum Deductible."
BODILY INJURY — Bodily Injury Liability
P.D. — Property Damage Liability
U.M — Benefits for Bodily Injury caused by
Uninsured Motorists
MEDICAL — Medical Expense Snsurance, Family
Medical Expense, and Guest Medical
Expense - See Policy Provision
If policy contains the E -550 No-Fault
Endorsemem or No-Fault Coverage D,
Auto Medical Expense Coverage does
not apply.
NO -FAULT — See Endorsement E-550 (Illinois
E-225q or Coverage D if
app licable.
COMPREHENSIVE — Comprehensive Car Damage
COLLLUON — collision - Upset
NON- A(.rrO — Comprehensive Personal Liability -
Each occurrence. Medical Payments to
Others - Each Person. Damage to
Property of Others - See Policy for
Limits per occurrence.
(overage Shown By Premium
TOWING — A premium amount shown reflects the
charge for Towing & Road Service
Coverage.
OTHER — A premium amount shown reflects the
charge for one or snore miscellaneous
coverages added by endorsement to dre
Policy
If a refund is due under this policy and the insured cannot be located, we may deduct a handling charge. (Not
applicable in Kansas)
Subject to the Loss Payable Provisions or any 6�i4er loss payable endorsement attached to the policy, payment for loss
thereunder is payable as interest may appear to die named insured and die Lienholder or Other Interest on the reverse
side.
LOSS PAYABLE PROVISIONS
OppNrable only If lieahohler Is named, and so other Automobile loss payable endorsement Is alto" to the poly)
It is agreed that any payment for loss or damage to the vehicle described in this policy shall be made on the following
basis:
(1) At our option, loss or damage shall be paid as interest may appear to the policyholder and the lienholder shown
in the Declarations, or by repair of die damaged vehicle.
(2) Any act or neglect of the policyholder or a person acting on his behalf shall not void the coverage afforded to the
lienholder.
(3) Change in tide or ownership of the vehicle, or error in its description shall not void coverage afforded to the
lienholder.
i The policy does not cover conversion, embezzlement or secretion of the vehicle by the policyholder or anyone acting.
in his behalf while in possession under a contract with the lienholder.
A payment may be made to the lienholder which we would not have been obligated to make except for these temis.
1� In such event, we are entitled to all the rights of the lienholder to the extent of such payment The lienholder shall do
whatever is necessary to secure such rights. No subrogation shall impair the right of the lienholder to recover the full
amount of its claim.
We reserve the right to cancel this policy at any time as provided by its terms. In case of cancellation or lapse we will
notify the lienholder at the address shown in the Declarations. We will give the lienholder advance notice of not less
than 10 days from the effective date of such cancellation or lapse as respects his interest. Mailing notice to the loss
payee is sufficient to effect cancellation.
The following applies as respects any loss adjusted with the mortgagee interest only:
(1) Any deductible applicable to Comprehensive Coverage shall not exceed $250.
(2) Any deductible applicable to Collision Coverage shall not exceed $2.50.
This Declarations page when signed by us, becomes part of die policy numbered on the reverse side. It
supersedes and controls anything to the contrary. It is subject to all the other terms of the policy.
SGM 3RD telBOa M C=13
COMPANY NAME:
FARMERS INSURANCE EXCHANGE,
AN INTER - INSURANCE EXCHANGE,
PART
INSUREDS NAME & ADDRESS: -
JAMES WALKER
KRISTA SLONIOWSKI
8212 GRIMSBY AVE
WSTCHSTR CA 90045
ISSUING OFFICE:
P.O BOX 9070
VAN NUYS, CA 91409
2005 1 MINI
LOS ANGELES, CALIFORNIA
HEREIN CALLED THE COMPANY
CERTIFICATE OF INSURANCE
POLICY NO:
POLICY EDITION:
EFFECTIVE DATE:
EXPIRATION DATE:
EXPIRATIONTIME:
/vne,r. =.as
'�H54FANiE�
29 16813-43 -46
03
02-13-2007
CONTINUOUS UNTIL CANCELLED
12:01 A.M. Standard Time
PREMATIC NO FP30735
AGENT: Julian W Summer's
AGENTNO: 29 59 357 AGENTPHONE (330) 831-4000
COOPER S
• ENTRIES IN THOUSANDS OF DOLLARS
.. s: ( \
'250
t ,
<�i'
>}.�.y�
�
Sire
.(��`:
•t�`, i
`-
•
1500 100
t
250
♦
500 COv
_
xxx xxx
NC
1000
1000
NOT COV
NC
NC
,� „� ^'I'VE.:
”. .
s:.�V
fad 6xi
foil
tab
I
Paso &=t
Pasty
osmium
xxx xxx
"
me"
This certificate is subject to all of the terms, conditions and limitations set forth in the policy(Ies) and endorsements
attached to it. It is furnished as a matter of information only and does not change, modify or extend the policy in any
way. It supersedes all previously issued certificates.
ADDITIONAL INSURED ENDORSEMENT E 1136
2nd E&tlm
We provide the coverages indicated by "COV," or the limit of the Company's liability, on the above
Certificate of Insurance. We provide this coverage in respect to the vehicle described above, to the person or
organization named below as an additional insured.
This coverage applies only:
(1) while the 'named insured is the owner, or has care, custody, or control of the above described
vehicle, and
(2) when liability arises out of the acts and omissions of the named insured.
This coverage does ttod apply:
(1) where liability arises out of negligence of the additional insured, its agents, or employees, unless the
agent or employee is the named insured, or
(2) to any defect of material, design or workmanship in any equipment of which the additional insured is
the owner, lessor, manufacturer, mortgagee, or beneficiary.
If any court shall interpret this endorsement to provide coverage other than what is stated in the Certificate
of Insurance, then our limits of liability shall be the limits of bodily injury liability and property damage
liability specified by any motor vehicle financial responsibility law of the state, province, or territory where
the named insured resides, as applicable to the vehicle described above.
If there is no such law, our limit of liability shall be $5,000 on account of bodily injury sustained by one
person in any one occurrence and subject to this provision respecting each person, $10,000 on account of
bodily injury sustained by two or more persons in any one occurrence. Our total liability for all damages
because of all property damage sustained by one or more persons or organizations as the result of any one
occurrence shall not exceed $5,000.
The insurance afforded by du: policy described above is subject to all term of the policy and any
endorsements attached to it This endorsement does not increase the limits of the policy.
Upon cancellation or termination of this policy or policies from any cause we will mail 15 days
notice in writing to the other interest shown below.
CITY OF NEWPORT BCH
3300 NEWPORT BEACH rIf% I /t .si ,
NEWPORT BEACH CA 92660 �(/ \/ u
AUTHORIZED SIGN RH
11.1176 mDEMN 417 "1 0136231