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HomeMy WebLinkAboutC-5650 - Local Coastal Program Grant ProposalSTATE OF CALIFORNIA -NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET, SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE (415) 904-5200 FAX (415) 904-5400 TDD (415) 597-5885 June 3, 2015 Brenda Wisneski, Deputy Director City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Subject: Agreement Number LCP-14-10 Dear Ms. Wisneski: EDMUND G. BROWN, JR., GOVERNOR �ECEIVEp @y COMMUNITY JUN 0 8 2015 Ci DEVELOPMENT Gy Op 1VEWPOO Enclosed please find items related to your contract with the California Coastal Commission. Please note that in the newer format of the Standard Agreement (STD 213), a copy of the General Terms and Conditions (GTC) is not provided. The GTC are available on the Internet at hqp://www.ols.dgs.ca.gov/Standard+l,anguaee.htm and may be downloaded and printed for your files. However, if you do not have Internet capabilities, you may request a hard copy by contacting the person listed in the paragraph below. This Agreement cannot be considered binding on either party until approved by appropriate authorized state agencies. No services should be provided prior to approval, as the State is not obligated to make any payments on any agreement prior to final approval. Expeditious handling of this Agreement is appreciated. For inquiries regarding this Agreement, please call Carey Batha, LCP Grant Program Coordinator at (415) 904-5268. Complete the following item(s) and return to the address stated above: X The attached approved Agreement is for your records. You are now authorized to provide the agreed upon services. Carey Batha, LCP Grant Program Coordinator (415) 904-5268 Carey.Batha@coastal.ca.gov Attachment(s) CALIFORNIA COASTAL COMMISSION STANDARD GRANT AGREEMENT (Rev 03/15) AGREEMENT NUMBER LCP-14-10 FEDERAL ID NUMBER 95-6000751 1. This Agreement is entered into between the State Agency and the Grantee named below: California Coastal Commission GRANTEE'S NAME City of Newport Beach 2. The term of this Agreement is: 5/1/2015 through 11/30/2016 (the "Termination Date") 3. The maximum amount $67,000.00 of this Agreement is: Sixty -Seven Thousand Dollars and No Cents' 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A — Definitions 3 pages Exhibit B — Scope of Work 11 pages Exhibit C — Budget Detail and Payment Provisions 3 pages Exhibit D* — General Terms and Conditions GTC 610 Check mark one item below as Exhibit E: ® Exhibit E -Special Terms and Conditions 9 pages Exhibit F—Amendments Template 1 page Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. GRANTEE GRANTEE'S NAME (if other than an individual, state whether a corporation, partnership, etc.) Cit hlewport Beach BY' (A ttkoriz d Signatur) DrP,,TE SIGNED(Da not type) JA Brenda 100 Civic Center Drive Newport Beach, CA 92660 STATE OF CALIFORNIA II Commission BY S, PRINTEONAMErAND TITLE OF PERSON SIGNING / Susan(M. hansch, Chief Deputy Director 45 Fremont Street, Suite 2000, San Francisco, CA 94105 'No OPC Reimbursement California Department of General services Use Only M I, the Chief Deputy Director of the California Coastal Commission, certify that this agreement is exempt from Department of General Services' approval. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: U/ -U) I 4 I By: "4a— (� S Aaron`t. Harp City Attorney ATTEST: Date: (Q By: Leilani I. Brown City Clerk City of Newport Beach LCP-14-10 Page 1 of 3 M4;tl_IM DEFINITIONS 1. The term "Agreement" means this Grant Agreement. 2. The term "Benchmark" means specific tasks or project deliverables identified in the Project Work Plan as approved by the Commission. 3. The term "Budget Act" means the annual enacted version of the Budget Bill which makes appropriations for the support of the government of the State of California. 4. The term "Chief Deputy Director" means the Chief Deputy Director of the Commission. 5. The term "Commission" refers to the California Coastal Commission. 6. The term "Executive Director" means the Executive Director of the Commission. 7. The term "General Terms and Conditions" refers to terms contained in GTC-610 effective as of 6/9/2010 which may be viewed at http://www.dos.ca.gov/ols/Resources/StandardContractLanouaoe asl)x. 8. The term "Grant" or "Grant Funds" means the money provided by the Commission and Ocean Protection Council ("OPC") to the Grantee pursuant to this Agreement. 9. The term "Grantee" means an applicant who has a signed agreement for Grant Funds. 10. The term "Grant Manager" means the representative of the Commission given authorization by the Executive Director to administer and provide oversight of the Grant. 11. The term "LCP" refers to Local Coastal Program. 12. The term "Local Coastal Program Local Assistance Grant Program" refers to the Coastal Commission's grant program to support local governments in planning for sea level rise and climate change, and developing new or updating existing Local Coastal Programs (LCP), consistent with the California Coastal Act. 13. The term "Materials" means all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement. 14. The term "OPC" refers to Ocean Protection Council. 15. The term "Other Sources of Funds" means cash or in-kind contributions that are required or used to complete the Project beyond the Grant Funds provided by this Agreement. City of Newport Beach LCP-14-10 Page 2 of 3 EXHIBIT A 16. The term "Pooled Money Investment Account" (PMIA) refers to the account through which the State Treasurer invests taxpayers' money to manage the State's cash flow and strengthen the financial security of local governmental entities. The rate of interest earned on the Pooled Money Investment Account serves as a benchmark for setting interest rates in severalrovisions of state law, and is the rate that is used for purposes of this Agreement.? The current rate is available: http://www.treasurer.ca.oov/pmia-laif/pmib-prooram.asip. 17. The term "Project" means the activity described under the Scope of Work, attached as Exhibit B1, to be accomplished with Grant Funds. 18. The term "Project Budget" means the Commission approved cost estimate submitted to the Grant Manager as part of the Work Program. The Project Budget shall describe all labor and materials costs of completing each component of the Project. The Project Budget may contain either itemized amounts, or ranges permissible for each item or task described in Project Scope and Work Plan. The Project Budget must include the set administrative and indirect costs agreed upon by the Parties if applicable. For each project component, the Project Budget shall list all intended funding sources including the Commission's grant and all other sources of monies, materials or labor. 19. The term "Public Agency' means any State of California department or agency, a county, city, public district or public agency formed under California law. 20. The term "Request for Funds Form" or "RFF Form" means the form that will be submitted requesting payment and which is described in Exhibit C hereto. 21. The term "Scope of Work" refers to Exhibit B, including the approved Work Plan, Project Schedule, and Project Budget. 22. The term "Draft Sea Level Rise Guidance" refers to the Coastal Commission's draft sea level rise guidance document released for public review in October 2013. The document provides an overview of best available science on sea level rise for California and recommended steps for addressing sea level rise in Coastal Commission planning and regulatory actions under the Coastal Act. 23. The term "Final Guidance" refers to the Sea Level Rise Guidance document once adopted by the Commission. 24. The term 'Termination Date" means the date by which all activity for the project must be concluded and all invoices and other reporting requirements must be complete, as specified in the signature page of this Agreement. Work performed after this date cannot be reimbursed. Umbach and Moller 2001. Available: http://www.umbachconsulting.com/discussion/CaShortTerm.pdf. Accessed 19 September 2014. City of Newport Beach LCP-14-10 Page 3 of 3 EXHIBIT A 25. The term 'Work Plan" means the description of tasks and related work to be accomplished by the Project. IW'/:11M`�3 SCOPE OF WORK City Of Newport Beach LCP-14-10 Page 1 of 11 1. Grantee agrees to provide to the Commission project activities as described under the Scope of Work, attached hereto as Exhibit B1. 2. The Project representatives during the term of this agreement will be: State Agency: Grantee: California Coastal Commission City of Newport Beach Name: Name: Hilary Papendick, Statewide LCP Grant Brenda Wisneski, Deputy Director Manager "Grant Manager) Patrick Alford, Planning Program Address: Address: 45 Fremont Street, Suite 2000 100 Civic Center Drive San Francisco, CA 94105-2219 Newport Beach, CA 92660 Phone: 415 904-5294 Phone: 949-644-3235 Fax: 415 904-5400 Fax: 949-644-3229 3. Direct all inquiries to: State Agency: Grantee California Coastal Commission City of Newport Beach Section/Unit: Section/Unit: Name: Name: Hilary Papendick, Statewide LCP Grant Patrick Alford, Planning Program Manager "Grant Manager') Manager("Planning Manager') Address: Address: 45 Fremont Street, Suite 2000 100 Civic Center Drive San Francisco, CA 94105-2219 Newport Beach, CA 92660 Phone: 415 904-5294 Phone: 949-644-3235 Fax: 415 904-5400 Fax: 949-644-3229 City of Newport Beach LCP-14-10 Page 2 of 11 EXHIBIT B1 Project Work Plan, Schedule, and Budget Newport Beach LCP Implementation Plan Certification Phase II Budget Summary CCC funding: $67,000 Otherfundina: $108.079 Total project cost: $175,079 Start date: May 1, 2015 End date: November 30, 2016 A. PROJECT DESCRIPTION The project will cover the second phase of the certification of the City of Newport Beach Local Coastal Program (LCP) Implementation Plan. Phase I began in 2012, and involved formation of General Plan/Local Coastal Program Implementation Committee to provide oversight and direction to City staff and the preparation of the Administrative Draft Implementation Plan in consultation with California Coastal Commission staff. Phase II involves community outreach, continued coordination with Coastal Commission staff, local public hearings, and submittal of the Implementation Plan to the California Coastal Commission (CCC). The City will submit all deliverables to the Coastal Commission South Coast District staff and to the Commission's grant coordinator. B. TASKS Task 1 — Community Outreach. Task 1 will commence with the completion of the Public Review Draft of the Implementation Plan. A notice of availability will be posted on the City's website and mailed to community associations, affected governmental agencies, and any person requesting a notice (Task 1.1). Copies of the Public Review Draft of the Implementation Plan will be provided online and at the Newport Beach Civic Center and at all branches of the Newport Beach Public Library. The City will then conduct a series of community workshops to present the Public Review Draft Implementation Plan and receive public comments (Task 1.2). These will include a series of community meetings based on geographic area and/or issue topics: 1. Coastal Zone Corona del Mar Community Meeting (Feb 7) 2. West Newport/Balboa Island (Feb 18) 3. Coastal Bluff and Canyon (Feb 25) 4. Coastal Zone Commercial Property Owners (March 4) 5. Other workshops on key issues, as needed Study sessions will also be conducted before the Planning Commission, Harbor Commission, and City Council. Deliverables: 0 Copies of sign in sheets and notes from workshops/ study sessions City of Newport Beach LCP-14-10 Page 3of11 WARN -11111111-1 Workshops and study sessions completed Feedback from the public and affected government agencies City response to feedback received at workshops/study sessions Task 2 — Finalize Implementation Plan. Based on the feedback received through the community outreach process, City staff will make appropriate revisions to the Implementation Plan (Task 2.1). This task will culminate with the preparation of the Public Hearing Draft of the Implementation Plan. The City will use the best available science on sea level rise and the Commission's Draft Sea Level Rise Guidance on an interim basis and then the Final Sea Level Rise Guidance once adopted by the Commission to inform the IP development. Preference will be given to adaptation measures that adhere to the Safeguarding California Plan for Reducing Climate Risk principles, including measures that protect California's most vulnerable populations, achieve multiple benefits from efforts to reduce climate risks and prioritize green infrastructure solutions, and that integrate climate risk reduction with emissions reductions to the fullest extent possible. Throughout the project, the City will coordinate and share information and lessons learned with other LCP planning grant recipients, regional local governments, and other entities, as appropriate. This includes participating in webinars, regional workshops and other events, and scheduling coordination meetings as needed. Deliverables: • Public Hearing Draft Implementation Plan complete and sent to Coastal Commission staff Task 3 — Continue Collaboration with CCC Staff. Task 3 will be conducted concurrently with Task 2, and throughout the entire project. It involves continuing the regular monthly to bi-monthly meetings with the South Coast District CCC staff, which began early in 2013 (Task 3.1). City will continue to work with CCC staff to finalize the Implementation Plan. This task will involve an iterative exchange of comments on the Public Review Draft IP and any subsequent public review drafts. Some of the key topic areas for discussion and consensus include how the Draft IP addresses impacts to coastal resources from sea level rise and other climate change impacts; coastal hazards; public access and recreation, including beach, bay and public right-of-way encroachments; parking supporting public access; habitat protection; provision and protection of affordable overnight accommodations and priority uses; protection and enhancement of public views; and nonconforming uses and structures. The City will hold additional community workshops to inform the public and allow additional public comments on any significant proposed changes to the Draft IP that may result from collaborations with CCC staff (Task 3.2). The City will continue with regular meetings with CCC staff after Planning Commission and City Council hearings (Task. 3.3). Deliverables: 0 Notes from City/CCC staff meetings City of Newport Beach LCP-14-10 Page 4 of 11 EXHIBIT 131 • Additional public workshops, as needed • Consensus on key issues Task 4 — City Public Hearings. Task 4 involves the review and approval of the Public Hearing Draft of the Implementation Plan. Public hearings pursuant to the City of Newport Beach Municipal Code will be conducted before the Planning Commission (Task 4.1) and the City Council (Task 4.2). Deliverables: • Public hearings complete • Public hearing staff reports, minutes, and materials received • City approval of the Implementation Plan Task 5 — Coastal Commission Review. Following City approval, City staff will submit the Implementation Plan documents to the Coastal Commission for review in paper hardcopy as well as an electronic copy in permanent format (such as an Adobe Acrobat .pdf file) and one electronic copy in an editable format (such as in Microsoft Word .doc). Given the complexity of the Implementation Plan, Task 5 provides CCC staff a reasonable time period to review the document. During this period, City staff will continue to work with the CCC staff to resolve any outstanding issues. Task 5 will culminate with the approval of the Implementation Plan by the California Coastal Commission at a public hearing. Deliverable: • Submittal of IP to Coastal Commission for certification Task 6 — City Council Adoption. Following the transmittal of the Coastal Commission modifications to the Implementation Plan, the General Plan/Local Coastal Program Implementation Committee will review the changes and submit recommendations to the City Council. At a public hearing, the City Council will consider the Coastal Commission modifications. Task 6 will successfully culminate with the City Council approval of the modifications. Deliverable: • Evidence of City Council Adoption of Implementation Plan complete and sent to Coastal Commission staff Task 7 — Certification. The City will transmit the City Council's action to the California Coastal Commission, along with the submittal of the Final LCP Documents (text, maps, and exhibits) in paper hardcopy as well as an electronic copy in permanent format (such as an Adobe Acrobat .pdf file) and one electronic copy in an editable format (such as in Microsoft Word .doc), with final Coastal Commission suggested modifications accepted and incorporated into the text and/or figures. The Executive Director will determine that the action by the City is legally adequate. The California Coastal Commission will conduct a certification review and certify the Implementation Plan. City of Newport Beach LCP-14-10 Page 5 of 11 EXHIBIT B1 C. SCHEDULE Start: Mav 1, 2015 - End: November 30. 2016 Task 1. Community Outreach Tasks 1.1 and 1.2 outside of scope of rant Objective: Maximize opportunities for the participation of the public and all affected governmental agencies in the preparation of the Implementation Plan 1.1 Distribute Notice of Intent Feb. 2015/Feb. 2015 1.2 Community Meetings and Workshops - Coastal Zone Corona del Mar Community Meeting (Feb 7) - West Newport/Balboa Island (Feb 18) - Coastal Bluff and Canyon (Feb 25) Coastal Zone Commercial Property Owners Feb. 2015/Apr 2015 (March 4) - Bayshores Community Association (March 18) - Corona del Mar Town Meeting (April 22) - Additional Workshops, as needed Beginning of Grant Work Program 1.3 Commission/City Council Study Sessions -Harbor Commission Study Session (April 8) Apr. 2015/May 2015 -Planning Commission Study Session (April 9) -Additional study sessions, as needed Outcome/Deliverables: Feedback from the Projected Date: Jun. 2015 public and affected government agencies Task 2. Finalize Implementation Plan Objective: Review comments received during public outreach; revise, as necessary 2.1 Revise document as needed based on public and Coastal Commission input through iterative Jun. 2015/Oct. 2015 exchanges with Coastal Commission staff Outcome/Deliverables: Public Hearing Draft Projected Date: Jun. 2015/ Implementation Plan Oct. 2015 Task 3. Collaborate with CCC Staff Objective: Early collaboration with Coastal Commission staff on key components of the Implementation Plan 3.1 Meet with Coastal Commission monthly or bi- monthly to discuss key issue areas and Coastal Feb. 2015/Jul. 2015 Commission comments on Public Review Draft 3.2 Additional public workshops on key issue areas, if needed Aug. 2015/Oct. 2015 3.3 Continue to meet monthly to bi-monthly to discuss any remaining issues after Planning Oct. 2015/Dec. 2015 Commission and City Council Hearings City of Newport Beach LCP-14-10 Page 6 of 11 EXHIBIT B1 Outcome/Deliverables: Consensus on key issues before submittal to City Council and Coastal Commission Projected Date: Dec. 2015 Task 4. City Public Hearings Objective: Continue public participation process by conducting public hearings pursuant to the Municipal Code 4.1 Planning Commission Hearings Aug. 2015 4.2 City Council Hearings Sep. 2015 Outcome/Deliverables: City approval of the projected Date: Sep. 2015 Implementation Plan Task 5. Coastal Commission Review Objective: Coastal Commission review of the Im lementation Plan 5.1 Application Submittal Oct. 2015 5.2 Application Review by CCC Staff Oct. 2015 5.3 Application Deemed Complete Nov. 2015 5.4 IP Review by Coastal Commission Staff Nov. 2015 /Mar. 2016 5.5 Coastal Commission Hearin s) Mar. 2016 — Jun. 2016 Outcome/Deliverables: Coastal Commission Projected Date: Apr. 2016 approval of the Implementation Plan — Jun. 2016 Task 6. City Council Adoption Objective: City Council review and adoption of the Implementation Plan with any modifications made by the Coastal Commission 6.1 Final Language from CCC Apr. 2016 — Jun. 2016 6.2 Review of CCC modifications by the GP/LCP Implementation Committee Apr. 2016 — Jul. 2016 6.3 Adoption of IP with CCC Modifications Apr. 2016 — Jul. 2016 Outcome/Deliverables: Resolution adopting the Implementation Plan as modified by the Coastal Commission projected Date: Apr. 2016 — Jul. 2016 Task 7. Certification Objective: Certification of the Implementation Plan 7.1 Transmittal of City Council Action Apr. 2016 — Jul. 2016 7.2 CCC Staff Review Apr. 2016 — Jul. 2016 7.3 Certification by CCC May 2016 — Aug. 2016 Outcome/Deliverables: Certified Local Coastal projected Date: May 2016 Program, submitted to CCC in editable electronic _ Aug. 2016 and paper hardcopyformat EXHIBIT B1 D. BENCHMARK SCHEDULE City of Newport Beach LCP-14-10 Page 7 of 11 Activity Completion Date Task 1. Community Outreach on Public Review Draft June 2015 Task 2.Finalize Implementation Plan October 2015 Task 3. Collaborate with CCC Staff December 2015 Task 4. City Public Hearings September 2015 Task 5. Coastal Commission Review March 2016 Task 6. City Council Adoption Aril 2016 — July 2016 Task 7. Certification August 2016 E. EVALUATION AND REPORTING a. The Grantee shall promptly provide Project reports with payment requests at least every three months, and upon request by the Commission. Project reports are subject to the Coastal Commission Executive Director's review and approval. The Project report shall include a description of work tasks and deliverables completed to date, and a description of completed benchmarks, or progress toward completing benchmarks. In any event Grantee shall provide the Commission a report showing total final Project expenditures with the final Request for Funds and required closing documents. Grantee shall submit all documentation for Project completion, as applicable, and final reimbursement by the Termination Date b. Final payment is contingent upon Commission verification that Project is consistent with the Scope of Work as described in Exhibit B1, together with any Commission approved amendments. c. Grantee must report to the Commission in the Project Budget all sources of other funds for the Project. EXHIBIT B1 F. BUDGET City of Newport Beach LCP-14-10 Page 8 of 11 Hourly Rate (salary plus benefits, CCC Total (# Match/Other Total (LCP Position Title # of incl. fringe of hours x Funds (in - Grant Funds Hours benefits -see rate per Kind) +Match/ guidelines hour) Other Funds) Ll Task I -Community Outreach Planning Program Manager $85.91 10.00 $0.00 $2,062.12 $2,062.12 Systems Admin. Manager $78.65 10.00 $0.00 $1,887.12 $1,887.12 Department Assistant $25.00 21.00 $0.00 $1,260.00 $1,260.00 Student Aide $12.51 15.00 $0.00 $450.72 $450.72 Total Task 1 Task 2 Finalize 56.00 $0.00 $5,659.96 $5,659.96 $85.91 10.00 $859.12 $3,264.12 $4,123.23 - IP Planning Program Manager Systems Admin. Manager $78.65 4.00 $314.61 $1,195.61 $1,510.22 Department Assistant $25.00 4.00 $100.00 $380.00 $480.00 Student Aide $12.51 2.50 $31.29 $119.29 $150.57 Total Task 2 Collaborate 20.50 $1,305.01 $4,959.01 $6,264.02 Planning Program Manager $85.91 30.00 $2,577.35 $9,793.35 $12,370.70 Systems Admin. Manager $78.65 16.00 $1,258.44 $2,540.54 $3,798.98 Department Assistant $25.00 0.00 $0.00 $0.00 $0.00 Student Aide $12.51 0.00 $0.00 $0.00 $0.00 Total Task 3 46.00 $3,835.79 $12,333.89 $16,169.68 Task 4 - City Public Hearings Planning Program Manager $85.91 15.00 $1,288.67 $4,896.67 $6,185.35 Systems Admin. Manager $78.65 5.00 $393.26 $1,494.26 $1,887.52 Department Assistant $25.00 4.00 $100.00 $380.00 $480.00 Student Aide $12.51 2.50 $31.29 $119.29 $150.57 Total Task 4 Task 5 - CCC Review 26.50 $1,813.22 $6,890.22 $8,703.45 $85.91 50.00 $4,295.58 $16,322.58 $20,618.17 Planning Program Manager Systems Admin. Manager $78.65 25.00 $1,966.31 $7,472.31 $9,438.61 Department Assistant $25.00 17.00 $425.00 $1,615.00 $2,040.00 Student Aide $12.51 10.00 $125.15 $475.15 $600.29 Total Task 5 102.00 $6,812.04 $25,885.04 $32,697.07 City of Newport Beach LCP-14-10 Page 9 of 11 EXHIBIT B1 LABOR• Hourly Rate (salary plus CCC Total (# Match/Other Total(LCP benefits, Position Title incl. fringe #of ofhours x Funds (In - Grant Funds benefits -see Hours rate per Kind) +Match/ guidelines hour) Other Funds) u Task 6 -City Council Adoption $85.91 15.00 $1,288.67 $4,896.67 $6,185.35 Hourly Rate (salary plus CCC Total (# Match/ Other Total(LCP benefits, Position Title incl. fringe # of of hours x Funds (ln- Grant Funds benefits- see Hours rote per Kind) +Match/ hour) Other Funds) guidelines Lt Department Assistant $25.00 4.00 $100.00 $380.00 $480.00 Student Aide $12.51 2.50 1 $31.29 $119.29 $150.57 Total Tosk 6 Task 7 - Certification 26.50 $1,813.22 $6,890.22 $8,703.45 Planning Program Manager $85.91 25.00 1 $2,147.79 $8,161.79 $10,309.58 Systems Admin. Manager $78.65 12.50 $983.15 $3,736.15 $4,719.31 Department Assistant $25.00 6.50 $162.50 $617.50 $780.00 Student Aide $12.51 2.50 $31.29 $119.29 $150.57 Total Task 7 46.50 $3,324.73 $12,634.73 $15,959.46 Total Labor Costs 303.50 $18,904.01 $75,253.08 $94,157.09 DIRECT COSTS CCC Grant Match/Other Total (LCP Unit Expense # of Funds (Unit Funds (In - Grant Funds Rate/Cost Units Rate x#of +Match/ Units) Kind) Other Funds) Project Supplies Postage/Shipping $0.46 4000.00 $920.00 $920.00 $1,840.00 Printing $50.00 260.00 1 $6,500.00 $6,500.00 $13,000.00 Post -Cert. Maps $55.99 $645.88 $701.87 Total $7,475.99 $8,065.88 $15,541.87 Travel In Statel21 Mileage $0.57 2000.00 $570.00 $570.00 $1,140.00 Parking $5.00 20.00 $50.00 $50.00 $100.00 City of Newport Beach LCP-14-10 Page 10 of 11 EXHIBIT B1 COSTS( � ----- CCC Grant Match/Other Total(LCP Expense Unit # of Funds (Unit Funds (in- Grant Funds Rate/Cost Units Rate x # of Kind) + Match/ Units) Other Funds) Hotel, etc. $120.00 2.00 $0.00 $240.00 $240.00 Total $620.00 $860.00 $1,480.00 SU BCO NTRACTORSI31 Task 1 - Community Outreach Community involvement $1,121.74 $0.00 $1,121.74 and Support (TBD) Total Task l Task 2 - Finalize IP 1 $1,121.741 $0.001 $1,121.74 Community involvement $1,800.00 $1I0 $1,800.00 and Support (TBD) Total Task 2 Collaborate 1 $1,800.00 $0.00 $1,800.00 Community involvement $8,021.74 $500.00 $8,521.74 and Support (TBD) Total Task 3 Task 4 - City Public Hearings $8,021.74 $500.00 $8,521.74 Community involvement $4,100.00 $3,500.00 $7,600.00 and Support (TBD) Total Task 4 Task 5 - CCC Review $4,100.00 $3,500.00 $7,600.00 $20,500.00 $15,500.00 $36,000.00 Community involvement and Support (TBD) Total Task 5 $20,500.00 $15,500.00 $36,000.00 AdoptionTask 6 - City Council Community involvement $2.228.26 $1,500.00 $3,728.26 and Support (TBD) Total Task 6 Task 7 - Certification $2,228.26 $1,500.00 $3,728.26 $2,228.26 $1,500.00 $3,728.26 Community involvement and Support (TBD) Total Task 7 $2,228.26 $1,500.00 $3,728.26 Total subcontractors $40,000.00 $22,500.00 $60,700.00 Total Direct Costs $48,095.99 $31,425.88 $77,721.87 OVERHEAD / INDIRECT COSTSM $0.00 $0.00 $0.00 City of Newport Beach LCP-14-10 Page 11 of 11 EXHIBIT B1 [11 Amount requested for benefits not to exceed 40% of amount requested for salary or wage [21 Travel reimbursement rates are the same as similarly situated state employees [31 All subcontractors must be selected pursuant to a competitive bidding process that seeks at least three 131 bids from responsible bidders. [41 Indirect costs include for example a pro rata share of rent utilities and salaries for certain Positions indirectly supporting the proposed project but not directly staffing it Amount requested for indirect costs should be capped at 10% of amount requested for "Total Personnel." City of Newport Beach LCP-14-10 Page 1 of 3 EXHIBIT C BUDGET DETAIL AND PAYMENT PROVISIONS 1. Request for Funds A. For services satisfactorily rendered during the term of this Agreement and upon receipt and approval of the Request for Funds Form described below (also referred to as the "RFF Form"), the Commission agrees to reimburse Grantee for actual expenditures incurred in accordance with the rates specified herein or attached hereto. B. Grantee shall submit each RFF form, in triplicate, no more frequently than monthly (except as requested by the Commission) but no less frequently than quarterly (assuming activity occurred within that quarter). RFF forms shall be submitted in arrears to: California Coastal Commission Attn: Hilary Papendick, Executive Division 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 C. Each RFF form shall contain the following information: 1. Grantee's name and address as shown in this Agreement. 2. Date of the RFF form. 3. Time period covered by the RFF form during which work was actually done. 4. Agreement number as shown on this Agreement. 5. Original signature of the Grantee 6. Itemized costs by tasks and source of funds (Commission and/or OPC, where relevant) as listed in the scope of work for the billing period in the same or greater level of detail as indicated in the Project Budget (see Exhibit 131), with supporting documentation. Only those costs and/or cost categories expressly identified in this Agreement may be reimbursed. 7. Remaining balance listed by task number from the Scope of Work (see Exhibit 131) including the cumulative expenditures to date, the expenditures during the reporting period, and the unexpended balance of funds under this Agreement. D. Attached to the RFF form, the Grantee shall submit a supporting progress report summarizing the work that was completed during the invoice period and the current status of the work for which disbursement is sought, including work by any contractor, and comparing it to the status required by the Scope of Work (budget, timeline, tasks, etc.). E. Notwithstanding the foregoing, the Grant Manager of the Commission may request and the Grantee shall provide receipts or other source documents for any other direct expenditure or cost as described in the RFF form, as and when necessary to resolve any issue concerning reimbursement. City of Newport Beach LCP-14-10 Page 2 of 3 EXHIBIT C F. The Grantee's failure to fully execute and submit a RFF form, including attachment of supporting documents, may relieve the Commission of its obligation to disburse funds to the Grantee unless and until the Grantee corrects all deficiencies. G. Any RFF form that is submitted without the required itemization and documentation will not be authorized. If the RFF form package is incomplete, inadequate or inaccurate, the Commission will inform the Grantee and withhold payment until all required information is received or corrected. Grantee shall submit a RFF form no more frequently than monthly but no less frequently than quarterly (assuming activity occurred within that quarter). Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. H. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the Commission must occur before the Termination Date. I. Grantee must report to the Commission in the Project Budget all sources of other funds for the Project. J. The Grantee shall expend Grant Funds in the manner described in the Work Program approved by the State. Expenditure on items contained in the approved Project Budget may vary by as much as ten percent without prior approval by the State, provided the grantee submits a revised Project Budget prior to requesting disbursement based on such revised budget. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement. 2. Budget Contingency Clause A. It is mutually agreed that if the final Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the Local Coastal Program Local Assistance Grant Program this Agreement shall be of no further force and effect, and the Commission shall have no liability to pay any funds whatsoever to Grantee or to furnish any other consideration under this Agreement and Grantee shall not be obligated to continue performance under the provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Local Coastal Program Local Assistance Grant Program the Commission shall have the option at its sole discretion to either cancel this Agreement with no liability accruing to the Commission or enter into an agreement amendment with Grantee to reflect the reduced amount. EXHIBIT C 3. Prompt Payment Clause City of Newport Beach LCP-14-10 Page 3 of 3 Payment will be made no later than 45 days following receipt of properly submitted, undisputed invoices except as otherwise set forth in, and in each case in accordance with, the California Prompt Payment Act, Government Code section 927, et seq. City of Newport Beach LCP-14-10 Page 1 of 1 General Terms and Conditions The General Terms and Conditions (GTC-610, effective as of 6/9/2010) are incorporated into this agreement this Agreement by reference as if attached hereto, and may be viewed at http://www.dos.ca gov/ols/Resources/StandardContractLanauage aspx. In the event of a direct conflict between a term of this Agreement and a term of the General Terms and Conditions such that both terms cannot both be complied with, the terms of this Agreement shall prevail except to the extent that it would result in noncompliance with any applicable law. The term "Contractor" in the General Terms and Conditions shall be interpreted to refer to Grantee. EXHIBIT E SPECIAL TERMS AND CONDITIONS City of Newport Beach LCP-14-10 Page 1 of 9 ACKNOWLEDGEMENT The Grantee shall include an acknowledgement of the use of "California Coastal Commission Local Coastal Program" grant funding in all materials produced as a result of this Agreement. The Commission shall have the right to republish any material generated as a result of this Agreement. PROJECT EXECUTION A. Grantee shall complete the Project before the Termination Date. B. Subject to the availability of funds, the Commission hereby grants to the Grantee the sum $67,000 (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement. C. Prior to the commencement of any Project work, Grantee agrees to submit in writing to the Commission for prior approval any deviation from the original Scope of Work pursuant to Exhibit B1. Changes in the Scope of Work must continue to ensure timely and effective completion of a new or updated Local Coastal Program for certification by the Commission. Any modification or alteration in the Scope of Work on file with the Commission must be submitted to the Commission for approval. Changes to the Scope of Work shall require an amendment to this Agreement (see "Amendments" below). D. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. E. Grantee shall complete the Project and the invoicing and reporting requirements before the Termination Date unless an extension has been granted by the Commission in writing. Extensions may be requested in writing prior to the Termination Date and will be considered by the Commission at its sole discretion. F. Grantee certifies that the Work Program does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, California Coastal Act, health and safety codes, and disabled access laws. G. Commission staff will be available to support the development of the Project through regular coordination and assistance. Commission staff support includes regular coordination meetings, timely review of deliverables, and participation in stakeholder advisory groups, as feasible, to ensure timely and successful completion of the Project. POTENTIAL CONTRACTORS Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Commission and any contractors, and no contract shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible for the acts and omissions of its contractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its contractors is an independent obligation from the Commission's obligation to make payments to the Grantee. As a result, the City of Newport Beach LCP-14-10 Page 2 of 9 ;/71WW Commission shall have no obligation to pay or to enforce the payments of any moneys to any contractor. If all or any part of the Project to be funded under this Agreement will be performed by third parties under contract with the Grantee, then the Grantee should, prior to executing an agreement for services, seek the approval of the Grant Manager on the selection of the third party. TRAVEL REIMBURSEMENT Travel Reimbursement shall be at the same rates as similarly situated State employees. If any conflicts exist between the Grantee's rates and those applicable to State employees, the State's reimbursement rates shall prevail. Receipts will be required. All travel costs are inclusive within the budgeted amount referenced in this Agreement. PROPERTY PURCHASED The Grantee agrees to continue using property purchased under this Agreement for the purposes outlined in this Agreement or similar activities until it is fully consumed (i.e. is either fully distributed, damaged, worn-out, or becomes obsolete). SETTLEMENT OF DISPUTES If the Grantee believes that there is a dispute or grievance between Grantee and the Commission arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue with the Grant Manager. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures: If the issue cannot be resolved directly with the Grant Manager, the Grantee shall submit, in writing, a grievance report together with any evidence to the Chief Deputy Director of the Commission. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee's position and the remedy sought. Within ten (10) days after receipt of the grievance report, the Chief Deputy Director, or its designee, shall meet in person or via phone with the Grantee and the Grant Manager for purposes of resolving the dispute. The decision of the Chief Deputy Director following such a meeting shall be final. TERMINATION Except as otherwise set forth in this Agreement, this Agreement may be terminated (a) by the Commission for any reason upon thirty (30) days prior written notice to the Grantee, (b) by Grantee for any reason upon thirty (30) days prior written notice to the Commission subject to the approval of the Commission in its sole discretion, and (c) immediately upon written notice by either party "for cause". The term "for cause" shall mean that either the Grantee or the Commission fails to meet any material terms, conditions, and/or responsibilities of the Agreement. In the event of a termination, the Grantee shall take all reasonable measures to prevent further costs requiring reimbursement by the Commission. The Commission shall then only be responsible for any reasonable and non -terminable obligations incurred by the Grantee in City of Newport Beach LCP-14-10 Page 3 of 9 EXHIBIT E the performance of this Agreement up to the date Grantee ceased performing under this Agreement as determined by the Commission, but not to exceed the balance of the total funds which remains unencumbered under this Agreement at the time of termination. On or before the date of termination of this Agreement, whether terminated by the Grantee or the Commission, the Grantee shall provide the Commission with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this Agreement (whether completed or partial), in appropriate, readily useable form. The Grantee expressly agrees to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement. The Grantee shall include in any agreement with any contractor retained for work under this Agreement a provision that entitles the Grantee to immediately suspend or terminate the agreement with the contractor for any reason on written notice. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the Termination Date, the Grantee shall be liable for immediate repayment to the Commission of all amounts disbursed by the Commission under this Agreement, plus accrued interest (rate as set forth by the current Pooled Money Investment Account) and any further costs related to the Project. The Commission may, at its sole and absolute discretion, consider extenuating circumstances With regard to Grantee's repayment obligations hereunder. This paragraph shall not be deemed to waive or limit any remedies available to the Commission for breach of this Agreement. Notwithstanding the foregoing, Grantee acknowledges (and waives any defense based on a claim) that monetary damages may not be an adequate remedy to redress a breach by Grantee hereunder and that a breach by Grantee hereunder may cause irreparable harm to the Commission. Accordingly, Grantee agrees that upon a breach of this Agreement by Grantee, the remedies of injunction, declaratory judgment and specific performance shall be available to the Commission. WAIVER AND RELEASE Grantee hereby waives all claims and recourses against the Commission, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except for claims for reimbursement of costs due under this Agreement, recovery of which shall be limited to the total amount properly incurred hereunder and in no event exceed the total amount of Grant Funds provided for hereunder. Grantee acknowledges that it is solely responsible for its compliance with the terms of this Agreement. City of Newport Beach LCP-14-10 Page 4 of 9 EXHIBIT E REIMBURSEMENT Complete reimbursement of funds under this Agreement will be dependent upon successful completion of the final deliverable of this Agreement. Grantee agrees that up to 20% of the total amount due hereunder may not be reimbursable until all final deliverables have been completed and delivered by the Grantee. AMENDMENTS This Agreement may only be amended by mutual agreement in writing between Grantee and the Commission. Any request by the Grantee for an amendment must state the amendment request and reason for the request, using the Amendment Request form provided in Exhibit E hereto. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment. No oral understanding or agreement not incorporated into the Agreement in writing is binding on the parties. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Scope of Work approved by the Commission. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement. With the exception of adjustments as discussed above, any subsequent changes or additions to the Work Plan approved by the Commission in writing are hereby incorporated by reference to this Agreement as though set forth in full in this Agreement. REALLOCATION OF FUNDS If Grantee fails to meet the performance criteria and Benchmarks in this Agreement, the Executive Director or his designee may immediately and upon written notice cancel this Agreement and re -allocate any unspent funds to one or more of the other approved Grantees whose grant was not fully funded. Should a Grantee not need the full amount of funds awarded by the Commission, they shall notify the Grant Manager as soon as possible so that any remaining allocated but unspent funds may be redistributed, as feasible. In addition, should Grantee fail to enter into an agreement necessary for its performance hereunder in a timely manner or fail to meet Work Program Benchmarks, the Executive Director or his designee may reallocate funds to supplement an already awarded grant. DIGITAL SUBMITTAL OF LCPS Prior to the Executive Director's determination and reporting of certification pursuant to Section 13544 of the California Code of Regulations of a grant -funded LCP project, grantees shall submit LCP documents (text, maps and exhibits) in paper hardcopy as well as an electronic copy in permanent format (such as an Adobe Acrobat .pdf file) and one electronic copy in an editable format (such as in Microsoft Word .doc). City of Newport Beach LCP-14-10 Page 5 of 9 EXHIBIT E COASTAL COMMISSION SEA LEVEL RISE GUIDANCE Grantees shall use the Commission's Draft Sea Level Rise Guidance documents on an interim basis until the Final Guidance is adopted by the Commission, and then shall use the final Sea Level Rise Guidance to inform the development of sea level rise impact assessments, vulnerability assessments, and LCP Land Use Plan and Implementation Plan completion or updates. COORDINATION OF SEA LEVEL RISE PLANNING WORK Sea level rise work completed under the Local Coastal Grant Program shall be coordinated regionally to the extent feasible with other jurisdictions and entities working on sea level rise projects within the same county or broader regional area relevant for sea level rise adaptation, such as the watershed, littoral cell, or area with similar geologic characteristics. Coordination includes early coordination meetings among the different entities, sharing of technical analyses and lessons learned, and consideration of regional adaptation policies. SAFEGUARDING CALIFORNIA PLAN ACTIONS AND PRINCIPLES Grant -funded work shall also be guided by the Safeguarding California Plan for Reducing Climate Risk's recommended climate change preparedness actions and principles, as listed below, and as described in the adopted 2014 Ocean Protection Council Resolution to support implementation of the Safeguarding Plan. The Plan states that projects or programs implemented with state funds should: • Encourage innovative design of new structures and infrastructure in areas vulnerable to sea level rise, storms and erosion and priority should be given to green or nature -based solutions that use natural processes and habitats to reduce risk from flooding and erosion. • Reduce risk from climate impacts to the coast and ocean, by implementing the Safeguarding Plan's recommendation to incorporate climate risk considerations into all relevant decision-making, including related to infrastructure, in such a way that it: o Encourages iterative approaches; o Protects California's most vulnerable populations; o Achieves multiple benefits from efforts to reduce climate risks and prioritizes green infrastructure solutions; o Integrates climate risk reduction with emissions reductions to the fullest extent possible; and 5 California Coastal Commission 2014. Available. http://www.coastal.ca.gov/climate/sir/guidance/CCC Draft SLR Guidance PR 10142013.1)df. Accessed 19 September 2014 6 California Natural Resources Agency 2014. Available. http://resources.ca.gov/docs/climate/Final S_afequardinq CA Plan Julv 31 2014.odf. Accessed 19 'Ocean Protection Council 2014. Available: http://www.opc.ca.gov/webmaster/ftp/pdf/agenda items/20140827/Item5 OPC Aug2014 Exhibit 1 Safeq uarding Resolution ADOPTED.pdf. Accessed 19 September 2014. City of Newport Beach LCP-14-10 Page 6 of 9 EXHIBIT E o Develops metrics and indicators to track progress on efforts to reduce climate risk. Adhere to the Safeguarding Plan principles: o Use the best available science to identify risks and adaptation strategies; o Understand that an effective strategy for preparing for climate risks should evolve as new information is available; o Involve all relevant stakeholders; o Establish and maintain strong partnerships across all levels of government, tribes, businesses, landowners, and non-governmental organizations; o Give priority to strategies that also achieve benefits other than climate risk reduction benefits, including additional benefits to public health, the economy, environmental justice, and conservation of natural resources; and o Ensure that strategies to reduce climate risk are coordinated, to the extent possible, with the state's efforts to reduce GHG emissions and other local, national and international efforts. AUDIT REQUIREMENTS AND FINANCIAL Commission projects are subject to audit by the State annually and for three (3) years following the payment of Grant Funds. Accordingly, Grantee shall maintain orderly, accurate and complete documents and records of all financial accounts, costs, disbursements, receipts and other matters relating to this Agreement consistent with the policies outlined in the Exhibit C, hereto, for the Project and shall make them available to the State or the Commission for auditing, inspecting and copying at reasonable times. Grantee shall also retain such documents and records for three (3) years after final payment and one (1) year following an audit. The documents for audit should be retained onsite. Grantee shall use applicable generally accepted accounting principles unless otherwise agreed to by the Commission in writing. If Grantee stated in the Work Plan that other sources of funding will be used to complete the Project, the Grantee shall establish internal systems to track expenditures of matching or in- kind funds on a regular basis and will make the documentation available to the Commission upon request. WORK PRODUCT The Grantee agrees that all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement, herein referred to as "materials" are subject to the rights of the Commission as set forth in this section. The Commission shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. Grantee agrees that it shall use the materials developed with Grant Funds only for the purpose for which the Grant Funds were requested and no other use of the materials shall be permitted except as otherwise agreed to in an Amendment. City of Newport Beach LCP-14-10 Page 7 of 9 EXHIBIT E Grantee must certify the materials developed with Grant Funds under this Agreement shall remain available for public review. This Agreement shall not prevent the transfer of the materials from the Grantee to a Public Agency if the successor Public Agency assumes the obligations imposed by this Agreement. If the use of the materials is changed to a use that is not permitted by the Agreement, or if the materials are sold or otherwise disposed of, at the Commission's sole discretion, an amount equal to (1) the total amount of the Grant Funds, or (2) the proceeds from the sale or other disposition, whichever is greater, shall be promptly reimbursed to the Commission by Grantee. WAIVERS GENERALLY No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. EXECUTIVE DIRECTOR'S DESIGNEE The Executive Director shall designate a Commission staff Grant Manager who shall have authority to act on behalf of the Executive Director with respect to this Agreement. Grantee shall be notified of such designation in writing. INSURANCE Throughout the term of this Agreement, for the life of any asset funded by the grant monies awarded pursuant to this Agreement, or for any period of project implementation after the termination date of this Agreement, the Grantee shall maintain self-insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, volunteers, or contractors associated with the Project undertaken pursuant to this Agreement. If the Grantee provides funds to any contractor to accomplish any of the work of this Agreement or provides grant funds to any contractor to carry out a project under this Agreement, the Grantee shall first enter into an agreement with each contractor requiring it to obtain and maintain liability and property -damage insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the contractor, or its agents, representatives, employees, or volunteers, associated with the project undertaken pursuant to this Agreement. As an alternative, with the written approval of the Executive Director, the contractor may satisfy the coverage required by this section in whole or in part through its participation in a "risk management" plan, self-insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. Required insurance shall be maintained from the commencement date through the Termination Date of any work undertaken by the contractor under the approved Scope of Work. City of Newport Beach LCP-14-10 Page 8 of 9 EXHIBIT E 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office ("ISO") Commercial General Liability coverage (occurrence Form CG 000 1) or ISO Comprehensive General Liability form (1973) or comparable with Broad Form Comprehensive General Liability endorsement. b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto). c. Workers' Compensation insurance as required by the Labor Code of the State of California. 2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal (Including injury and property damage. If Commercial General operations, Liability Insurance or other form with a general products and aggregate limit is used, either the general aggregate completed limit shall apply separately to the activities under this operations, as Agreement or the general aggregate limit shall be twice applicable) the required occurrence limit. b. Automobile $1,000,000 per accident for bodily injury and property Liability: damage. 3. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. 4. Required Provisions. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days' prior written notice by certified mail, return receipt requested, has been given to the Executive Director. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions: a. The State of California, its officers, agents and employees are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts or equipment fumished in connection with such work or operations. b. For any claims related to this Agreement, the Grantee's insurance coverage shall be primary insurance with respect to the State of California, its officers, agents and employees. c. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best's rating of `B+:VII" or better or, City of Newport Beach LCP-14-10 Page 9 of 9 411. RKi in the alternative, acceptable to the Commission and approved in writing by the Executive Director. 6. Verification of Coverage. The Grantee shall furnish the Grant Manager with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Grant Manager before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time. 7. Premiums and Assessments. The Commission is not responsible for premiums and assessments on any insurance policy. EXHIBIT F AMENDMENT TEMPLATE Amendment to 1. This amendment (the "Amendment') is made by , parties to the agreement "Agreement'). 2. As of (date), the Agreement is amended as follows: City of Newport Beach LCP-14-10 Page 1 of 1 and dated (the 3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail. Signed and Agreed: Representative of _ By: Printed Name: _ Title: Dated: Representative of Coastal Commission: By: _ Printed Title: Dated: Name: STATE OF CALIFORNIA -NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET, SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE (415) 904-5200 FAX (415) 904-5400 TDD (415) 597-5885 November 3, 2015 Patrick Alford, Planning Program Manager Community Development Department 100 Civic Center Drive Newport Beach, CA 92660 Subject: Grant Agreement Amendment LCP-14-10 Dear Mr. Alford, EDMUND G. BROWN, 7R., GOVERNOR 'z�0E1VEp @y. OOMMUNITY NOV 0 5 2015 O DEVELOPMENT UZ ar '104OP NEWPORS Enclosed please find the fully -executed grant agreement (LCP-14-10) with the California Coastal Commission. If you have any questions, please do not hesitate to let me know. Sincerely, 0 � Daniel Nathan LCP Grants Assistant 45 Fremont St., Suite 2000 San Francisco, CA 94105 (415) 904-5251.�aeieLnathan�b'r.�astal.ca,eq_y STATE OF CALIFORNIA -NATURAL RESOURCES AGENCY EDMUND G. BROWN, JR.,. GOVERNOR CALIFORNIA COASTAL COMMISSION 45 FREMONTSTREET, SUITE 2000 SAN FRANCISCO, CA 94105-2219 rl,t: VOICE (415) 904-5200 FAX (415) 904-5400 TDD (4151597-5885 Amendment to LCP-14-10 1. This amendment (the "Amendment") is made by the California Coastal Commission and the City of Newport Beach, parties to the agreement LCP-14-10, dated May 1, 2015, (the "Agreement"). 2. As of October 28, 2015, the Agreement is amended as follows: Edits to Exhibit B, specifically the project representatives from the Coastal Commission, and Exhibit B1, item F (the budget). Additions are made in bold underline, and deletions are made in st-Fikedweugh. No changes have been made to the total budget of the Coastal Commission grant fund ($67,000) or to the termination date of the contract. The Budget (Exhibit bl, item F.) is revised to allow the transfer of three thousand, nine hundred and thirty-nine dollars and seventy-one cents ($3,939.71) from "Printing" to "Postage/Shipping." The grant fund budget for "Postage/Shipping" will be increased from nine hundred and twenty dollars ($920.00) to four thousand, eight hundred and fifty-nine dollars and seventy-one cents ($4,859.71). The grant fund budget for "Printing" will be reduced from six thousand, five hundred dollars ($6,500.00) to two thousand, five hundred and sixty dollars and twenty-nine cents ($2,560.29). The total budget for "Postage//Shipping" will be increased from one thousand, eight hundred and forty dollars ($1,840.00) to twelve thousand, eight hundred and eighty dollars ($12,880.00). The total budget for "Printing" will be reduced from thirteen thousand dollars ($13,000.00) to nine thousand dollars ($9,000.00). The total grant fund amount ($67,000) does not change. However, due to an increase in matching (in-kind) funds for postage and printing (from $920 to $8,020) and a decrease in printing (from $6,500 to 6,439.71), the total amount (grant funds and matching funds) for LCP-14-10 is now $178,918.96, with $113,718.96 from matching (in-kind) funds. 3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail. Signed and Agreed: Beach Brenda STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET, SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE (415) 904-5200 FAX (415) 904-5400 TDD (4151597-5885 Title: Deputy Direct r Dated: Q a� L Representatives of Coastal Commission: By: C& Printed Name: Carey Batha Title: LCP Grant Coordinator Dated: 11 (2 / 2d15 APPROVED AS TO FORM: CITY ATTORNEY'S QFFICE Date: By. rF (Pr) Aaron C. Harp, City Attorney EDMUND G. BROWN, JR., GOVERNOR M Printed Nar-ne: Susan M. Hansch Title: Chief Deputy Director Dated: a /a 1 r s AUMmil !' •fv�"d, Leilani t. BMNM MMC Date. ---k- � A - City of Newport Beach LCP-14-10 Page 1 of 3 EXHIBIT A DEFINITIONS 1. The term "Agreement' means this Grant Agreement. 2. The term "Benchmark" means specific tasks or project deliverables identified in the Project Work Plan as approved by the Commission. 3. The term "Budget Act" means the annual enacted version of the Budget Bill which makes appropriations for the support of the government of the State of California. 4. The term "Chief Deputy Director" means the Chief Deputy Director of the Commission. 5. The term "Commission" refers to the California Coastal Commission. 6. The term "Executive Director" means the Executive Director of the Commission. 7. The term "General Terms and Conditions" refers to terms contained in GTC-610 effective as of 6/9/2010 which may be viewed at http://www.dgs.ca.gov/ols/Resources/StandardContractLanguaoe asax. 8. The term "Grant" or "Grant Funds" means the money provided by the Commission and Ocean Protection Council ("OPC") to the Grantee pursuant to this Agreement. 9. The term "Grantee" means an applicant who has a signed agreement for Grant Funds. 10. The term "Grant Manager" means the representative of the Commission given authorization by the Executive Director to administer and provide oversight of the Grant. 11. The term "LCP" refers to Local Coastal Program. 12. The term "Local Coastal Program Local Assistance Grant Program" refers to the Coastal Commission's grant program to support local governments in planning for sea level rise and climate change, and developing new or updating existing Local Coastal Programs (LCP), consistent with the California Coastal Act. 13. The term "Materials" means all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement. 14. The term "OPC" refers to Ocean Protection Council. 15. The term "Other Sources of Funds" means cash or in-kind contributions that are required or used to complete the Project beyond the Grant Funds provided by this Agreement. City of Newport Beach LCP-14-10 Page 2 of 3 EXHIBIT A 16. The term "Pooled Money Investment Account' (PMIA) refers to the account through which the State Treasurer invests taxpayers' money to manage the State's cash flow and strengthen the financial security of local governmental entities. The rate of interest earned on the Pooled Money Investment Account serves as a benchmark for setting interest rates in severalrovisions of state law, and is the rate that is used for purposes of this Agreement.? The current rate is available: http://www.treasurer.ca.gov/amia-laif/pmib-program.asn. 17. The term "Project" means the activity described under the Scope of Work, attached as Exhibit B1, to be accomplished with Grant Funds. 18. The term "Project Budget" means the Commission approved cost estimate submitted to the Grant Manager as part of the Work Program. The Project Budget shall describe all labor and materials costs of completing each component of the Project. The Project Budget may contain either itemized amounts, or ranges permissible for each item or task described in Project Scope and Work Plan. The Project Budget must include the set administrative and indirect costs agreed upon by the Parties if applicable. For each project component, the Project Budget shall list all intended funding sources including the Commission's grant and all other sources of monies, materials or labor. 19. The term "Public Agency" means any State of California department or agency, a county, city, public district or public agency formed under California law. 20. The term "Request for Funds Form" or "RFF Form" means the form that will be submitted requesting payment and which is described in Exhibit C hereto. 21. The term "Scope of Work" refers to Exhibit B, including the approved Work Plan, Project Schedule, and Project Budget. 22. The term "Draft Sea Level Rise Guidance" refers to the Coastal Commission's draft sea level rise guidance document released for public review in October 2013. The document provides an overview of best available science on sea level rise for California and recommended steps for addressing sea level rise in Coastal Commission planning and regulatory actions under the Coastal Act. 23. The term "Final Guidance" refers to the Sea Level Rise Guidance document once adopted by the Commission. 24. The term "Termination Date" means the date by which all activity for the project must be concluded and all invoices and other reporting requirements must be complete, as specified in the signature page of this Agreement. Work performed after this date cannot be reimbursed. ' Umbach and Moller 2001. Available: http://www.umbachconsulting.com/discussion/CaShortTerm.pdf. Accessed 19 September 2014. City of Newport Beach LCP-14-10 Page 3 of 3 =KMIati 25. The term "Work Plan" means the description of tasks and related work to be accomplished by the Project. City Of Newport Beach LCP-14-10 Page 1 of 11 SCOPE OF WORK 1. Grantee agrees to provide to the Commission project activities as described under the Scope of Work, attached hereto as Exhibit B1. 2. The Project representatives during the term of this agreement will be: State Agency: Grantee: California Coastal Commission City of Newport Beach Name: Name: HilaFy Papendiak Madeline Cavalieri, Brenda Wisneski, Deputy Director Statewide LCP Grant Manager ("Grant Patrick Alford, Planning Program Manager) Manager ("Planning Manager) Address: Address: 45 Fr^rr.nrd Street, S ,u^ 2000 100 Civic Center Drive San Fr^n^is^^ GA 94405 2219 Newport Beach, CA 92660 725 Front St. #300 100 Civic Center Drive Santa Cruz CA 95060 Newport Beach, CA 92660 P4GRe4.444�90-4- 152294 831 427-4890 Phone: 949-644-3235 831 427-4877 Fax: 949-644-3229 3. Direct all inquiries to: State Agency: Grantee California Coastal Commission City of Newport Beach Section/Unit: Section/Unit: Name: Name: H"^^ Carey Batha, Patrick Alford, Planning Program Statewide LCP Grant Manage K Manager ("Planning Manager) Coordinator ("Grant Manage Coordinator' Address: Address: 45 Fremont Street, Suite 2000 100 Civic Center Drive San Francisco, CA 94105-2219 Newport Beach, CA 92660 Phone: 415 904-5294 5268 Phone: 949-644-3235 Fax: 415 904-5400 Fax: 949-644-3229 City of Newport Beach LCP-14-10 Page 2 of 11 EXHIBIT B1 Project Work Plan, Schedule, and Budget Newport Beach LCP Implementation Plan Certification Phase II Budget Summary CCC funding: $67,000 Other funding: $108,079 Total project cost: $175,079 Start date: May 1, 2015 End date: November 30, 2016 A. The project will cover the second phase of the certification of the City of Newport Beach Local Coastal Program (LCP) Implementation Plan. Phase I began in 2012, and involved formation of General Plan/Local Coastal Program Implementation Committee to provide oversight and direction to City staff and the preparation of the Administrative Draft Implementation Plan in consultation with California Coastal Commission staff. Phase II involves community outreach, continued coordination with Coastal Commission staff, local public hearings, and submittal of the Implementation Plan to the California Coastal Commission (CCC). The City will submit all deliverables to the Coastal Commission South Coast District staff and to the Commission's grant coordinator. B. TASKS Task 1 — Community Outreach. Task 1 will commence with the completion of the Public Review Draft of the Implementation Plan. A notice of availability will be posted on the City's website and mailed to community associations, affected governmental agencies, and any person requesting a notice (Task 1.1). Copies of the Public Review Draft of the Implementation Plan will be provided online and at the Newport Beach Civic Center and at all branches of the Newport Beach Public Library. The City will then conduct a series of community workshops to present the Public Review Draft Implementation Plan and receive public comments (Task 1.2). These will include a series of community meetings based on geographic area and/or issue topics: 1. Coastal Zone Corona del Mar Community Meeting (Feb 7) 2. West Newport/Balboa Island (Feb 18) 3. Coastal Bluff and Canyon (Feb 25) 4. Coastal Zone Commercial Property Owners (March 4) 5. Other workshops on key issues, as needed City of Newport Beach LCP-14-10 Page 3 of 10 EXHIBIT B1 Study sessions will also be conducted before the Planning Commission, Harbor Commission, and City Council. Deliverables: • Copies of sign in sheets and notes from workshops/ study sessions • Workshops and study sessions completed • Feedback from the public and affected government agencies • City response to feedback received at workshops/study sessions Task 2 — Finalize Implementation Plan. Based on the feedback received through the community outreach process, City staff will make appropriate revisions to the Implementation Plan (Task 2.1). This task will culminate with the preparation of the Public Hearing Draft of the Implementation Plan. The City will use the best available science on sea level rise and the Commission's Draft Sea Level Rise Guidance on an interim basis and then the Final Sea Level Rise Guidance once adopted by the Commission to inform the IP development. Preference will be given to adaptation measures that adhere to the Safeguarding California Plan for Reducing Climate Risk principles, including measures that protect California's most vulnerable populations, achieve multiple benefits from efforts to reduce climate risks and prioritize green infrastructure solutions, and that integrate climate risk reduction with emissions reductions to the fullest extent possible. Throughout the project, the City will coordinate and share information and lessons learned with other LCP planning grant recipients, regional local governments, and other entities, as appropriate. This includes participating in webinars, regional workshops and other events, and scheduling coordination meetings as needed. Deliverables: • Public Hearing Draft Implementation Plan complete and sent to Coastal Commission staff Task 3 — Continue Collaboration with CCC Staff. Task 3 will be conducted concurrently with Task 2, and throughout the entire project. It involves continuing the regular monthly to bi-monthly meetings with the South Coast District CCC staff, which began early in 2013 (Task 3.1). City will continue to work with CCC staff to finalize the Implementation Plan. This task will involve an iterative exchange of comments on the Public Review Draft IP and any subsequent public review drafts. Some of the key topic areas for discussion and consensus include how the Draft IP addresses impacts to coastal resources from sea level rise and other climate change impacts; coastal hazards; public access and recreation, including beach, bay and public right-of-way encroachments; parking supporting public access; habitat protection; provision and protection of affordable overnight accommodations and priority uses; protection and enhancement of public views; and nonconforming uses and structures. The City will hold additional community workshops to inform the public and allow additional public comments on any significant proposed changes to the Draft IP that may result from City of Newport Beach LCP-14-10 Page 4 of 10 EXHIBIT B1 collaborations with CCC staff (Task 3.2). The City will continue with regular meetings with CCC staff after Planning Commission and City Council hearings (Task. 3.3). Deliverables: • Notes from City/CCC staff meetings • Additional public workshops, as needed • Consensus on key issues Task 4 — City Public Hearings. Task 4 involves the review and approval of the Public Hearing Draft of the Implementation Plan. Public hearings pursuant to the City of Newport Beach Municipal Code will be conducted before the Planning Commission (Task 4.1) and the City Council (Task 4.2). Deliverables: • Public hearings complete • Public hearing staff reports, minutes, and materials received • City approval of the Implementation Plan Task 5 — Coastal Commission Review. Following City approval, City staff will submit the Implementation Plan documents to the Coastal Commission for review in paper hardcopy as well as an electronic copy in permanent format (such as an Adobe Acrobat .pdf file) and one electronic copy in an editable format (such as in Microsoft Word .doe). Given the complexity of the Implementation Plan, Task 5 provides CCC staff a reasonable time period to review the document. During this period, City staff will continue to work with the CCC staff to resolve any outstanding issues. Task 5 will culminate with the approval of the Implementation Plan by the California Coastal Commission at a public hearing. Deliverable: • Submittal of IP to Coastal Commission for certification Task 6 — City Council Adoption. Following the transmittal of the Coastal Commission modifications to the Implementation Plan, the General Plan/Local Coastal Program Implementation Committee will review the changes and submit recommendations to the City Council. At a public hearing, the City Council will consider the Coastal Commission modifications. Task 6 will successfully culminate with the City Council approval of the modifications. Deliverable: • Evidence of City Council Adoption of Implementation Plan complete and sent to Coastal Commission staff Task 7 — Certification. The City will transmit the City Council's action to the California Coastal Commission, along with the submittal of the Final LCP Documents (text, maps, and exhibits) in paper hardcopy as well as an electronic copy in permanent format (such as an Adobe Acrobat .pdf file) and one electronic copy in an editable City of Newport Beach LCP-14-10 Page 5 of 10 EXHIBIT B1 format (such as in Microsoft Word .doc), with final Coastal Commission suggested modifications accepted and incorporated into the text and/or figures. The Executive Director will determine that the action by the City is legally adequate. The California Coastal Commission will conduct a certification review and certify the Implementation Plan. C. SCHEDULE Start: May 1, 2015 - End: November 30, 2016 Task 1. Community Outreach Tasks 1.1 and 1.2 outside of scope of rant Objective: Maximize opportunities for the participation of the public and all affected governmental agencies in the preparation of the Implementation Plan 1.1 Distribute Notice of Intent Feb. 2015/Feb. 2015 1.2 Community Meetings and Workshops - Coastal Zone Corona del Mar Community Meeting (Feb 7) - West Newport/Balboa Island (Feb 18) - Coastal Bluff and Canyon (Feb 25) - Coastal Zone Commercial Property Owners Feb. 2015/Apr. 2015 (March 4) - Bayshores Community Association (March 18) - Corona del Mar Town Meeting (April 22) - Additional Workshops, as needed Beginning of Grant Work Program 1.3 Commission/City Council Study Sessions -Harbor Commission Study Session (April 8) Apr. 2015/May 2015 -Planning Commission Study Session (April 9) -Additional study sessions, as needed Outcome/Deliverables: Feedback from the projected Date: Jun. 2015 public and affected government agencies Task 2. Finalize Implementation Plan Objective: Review comments received during public outreach; revise, as necessary 2.1 Revise document as needed based on public and Coastal Commission input through iterative Jun. 2015/Oct. 2015 exchanges with Coastal Commission staff Outcome/Deliverables: Public Hearing Draft Projected Date: Jun. 2015/ Implementation Plan Oct. 2015 Task 3. Collaborate with CCC Staff Objective: Early collaboration with Coastal Commission staff on key components of the Implementation Plan 3.1 Meet with Coastal Commission monthly or bi- monthly to discuss key issue areas and Coastal Feb. 2015/Jul. 2015 Commission comments on Public Review Draft City of Newport Beach LCP-14-10 Page 6 of 10 EXHIBIT 131 3.2 Additional public workshops on key issue areas, if needed Aug. 2015/Oct. 2015 3.3 Continue to meet monthly to bi-monthly to discuss any remaining issues after Planning Commission and City Council Hearings Oct. 2015/Dec. 2015 Outcome/Deliverables: Consensus on key issues before submittal to City Council and Coastal Commission Projected Date: Dec. 2015 Task 4. City Public Hearings Objective: Continue public participation process by conducting public hearings pursuant to the Municipal Code 4.1 Planning Commission Hearings Aug. 2015 4.2 City Council Hearings Sep. 2015 Outcome/Deliverables: City approval of the Projected Date: Sep. 2015 Implementation Plan Task 5. Coastal Commission Review Objective: Coastal Commission review of the Im lementation Plan 5.1 Application Submittal Oct. 2015 5.2 Application Review by CCC Staff Oct. 2015 5.3 Application Deemed Complete Nov. 2015 5.4 IP Review by Coastal Commission Staff Nov. 2015 /Mar. 2016 5.5 Coastal Commission Hearing(s) Mar. 2016 — Jun. 2016 Outcome/Deliverables: Coastal Commission approval of the Implementation Plan Projected Date: Apr. 2016 — Jun. 2016 Task 6. City Council Adoption Objective: City Council review and adoption of the Implementation Plan with any modifications made by the Coastal Commission 6.1 Final Language from CCC Apr. 2016 — Jun. 2016 6.2 Review of CCC modifications by the GP/LCP Implementation Committee Apr. 2016 —Jul. 2016 6.3 Adoption of IP with CCC Modifications Apr. 2016 — Jul. 2016 Outcome/Deliverables: Resolution adopting the Implementation Plan as modified by the Coastal Commission Projected Date: Apr. 2016 _Jul. 2016 Task 7. Certification Objective: Certification of the Implementation Plan 7.1 Transmittal of City Council Action Apr. 2016 — Jul. 2016 7.2 CCC Staff Review Apr. 2016 — Jul. 2016 7.3 Certification by CCC May 2016 — Aug. 2016 Outcome/Deliverables: Certified Local Coastal Projected Date: May 2016 Program, submitted to CCC in editable electronic _ Aug. 2016 and paper hardcopy format City of Newport Beach LCP-14-10 Page 7 of 10 EXHIBIT B1 D. BENCHMARK SCHEDULE Activity Completion Date Task 1. Community Outreach on Public Review Draft June 2015 Task 2.Finalize Implementation Plan October 2015 Task 3. Collaborate with CCC Staff December 2015 Task 4. City Public Hearings September 2015 Task 5. Coastal Commission Review March 2016 Task 6. City Council Adoption Aril 2016 — July 2016 Task 7. Certification August 2016 E. EVALUATION AND REPORTING a. The Grantee shall promptly provide Project reports with payment requests at least every three months, and upon request by the Commission. Project reports are subject to the Coastal Commission Executive Director's review and approval. The Project report shall include a description of work tasks and deliverables completed to date, and a description of completed benchmarks, or progress toward completing benchmarks. In any event Grantee shall provide the Commission a report showing total final Project expenditures with the final Request for Funds and required closing documents. Grantee shall submit all documentation for Project completion, as applicable, and final reimbursement by the Termination Date b. Final payment is contingent upon Commission verification that Project is consistent with the Scope of Work as described in Exhibit B1, together with any Commission approved amendments. c. Grantee must report to the Commission in the Project Budget all sources of other funds for the Project. EXHIBIT B1 F. BUDGET City of Newport Beach LCP-14-10 Page 8 of 10 C• -BOR Hourly Rate (salary lus benefits, CCC Total (# Match/Other Total(LCP Position Title # of incl. fringe of hours x Funds (In - Grant Funds benefits -see Hours rate per Kind) +Match/ guidelines hour) Other Funds) u OutreachTask I - Community Planning Program Manager $85.91 10.00 $0.00 $2,062.12 $2,062.12 Systems Admin. Manager $78.65 10.00 $0.00 $1,887.12 $1,887.12 Department Assistant $25.00 21.00 $0.00 $1,260.00 $1,260.00 Student Aide $12.51 15.00 $0.00 $450.72 $450.72 Total Task 1 Task 2 - Finalize 1P 56.00 $0.00 $5,659.96 $5,659.96 $859.12 $3,264.12 $4,123.23 Planning Program Manager $85.91 10.00 Systems Admin. Manager $78.65 4.00 $314.61 $1,195.61 $1,510.22 Department Assistant $25.00 4.00 $100.00 $380.00 $480.00 Student Aide $12.51 2.50 $31.29 $119.29 $150.57 Total Task 2 Collaborate 20.50 $1,305.01 $4,959.01 $6,264.02 Planning Program Manager $85.91 30.00 $2,577.35 $9,793.35 $12,370.70 Systems Admin. Manager $78.65 16.00 $1,258.44 $2,540.54 $3,798.98 Department Assistant $25.00 0.00 $0.00 $0.00 $0.00 Student Aide $12.51 0.00 $0.00 $0.00 $0.00 Total Task 3 Task 4 - City Public Hearings 46.00 $3,835.79 $12,333.89 $16,169.68 $1,288.67 $4,896.67 $6,185.35 Planning Program Manager $85.91 15.00 Systems Admin. Manager $78.65 5.00 $393.26 $1,494.26 $1,887.52 Department Assistant $25.00 4.00 $100.00 $380.00 $480.00 Student Aide $12.51 2.50 $31.29 $119.29 $150.57 Total Task 4 Task 5 - CCC Review 26.50 $1,813.22 $6,890.22 $8,703.45 $4,295.58 $16,322.58 $20,618.17 Planning Program Manager $85.91 50.00 Systems Admin. Manager $78.65 25.00 $1,966.31 $7,472.31 $9,438.61 Department Assistant $25.00 17.00 $425.00 $1,615.00 $2,040.00 Student Aide $12.51 10.00 $125.15 $475.15 $600.29 Total Task 5 102.00 $6,812.04 $25,885.04 $32,697.07 City of Newport Beach LCP-14-10 Page 9 of 10 EXHIBIT B1 LABOR• Hourly Rate (salary plus CCC Total (# Total(LCP benefits, # of of hours x Match/Other Grant Funds Position Title incl. fringe Funds (In - benefits -see Hours rate per Kind) +Match/ hour) Other Funds) guidelines 1 Task 6 - City Council Adoption $85.91 15.00 $1,288.67 $4,896.67 $6,185.35 Department Assistant $25.00 4.00 $100.00 $380.00 $480.00 Student Aide $12.51 2.50 $31.29 $119.29 $150.57 Total Task 6 26.50 $1,813.22 $6,890.22 $8,703.45 $85.91 25.00 $2,147.79 $8,161.79 $10,309.58 Task 7 - Certification Planning Program Manager Systems Admin. Manager $78.65 12.50 $983.15 $3,736.15 $4,719.31 Department Assistant $25.00 6.50 $162.50 $617.50 $780.00 Student Aide $12.51 2.50 $31.29 $119.29 $150.57 Total Task 7 46.50 $3,324.73 $12,634.73 $15,959.46 Total Labor Costs 303.50 $18,904.01 $75,253.08 $94,157.09 DIRECT COSTS CCC Grant Match(iOther Total(LCP Expense Unit # of Funds (Unit Funds (In - Grant Funds Rate/Cost Units Rate x#of Kind) +Match/ Units) Other Funds) Project Supplies Postage/Shipping $0.46 4099.9 28000.00 co�9 $A&59.71 $929.00 $8.020.29 $,�00 $1Z880.00 Printing $50.00 269.0 180.00 $6,500.00 $2,S60.29 $6,500.00 $6,439.71 c„ 9 000.00 Post -Cert. Maps $55.99 $645.88 $701.87 Total $7,475.99 $& 863:88 $15,541.87 15105.88 $22,581.87 Travel In Statet2l Mileage $0.57 2000.00 $570.00 $570.00 $1,140.00 Parking $5.00 20,00 $50.00 $50.00 $100.00 Hotel, etc. $120.00 2.00 $0.00 $240.00 $240.00 Total $620.00 $860.00 $1,480.00 SUBCONTRACTORS(31 City of Newport Beach LCP-14-10 Page 10 of 10 EXHIBIT B1 Task 1 - Community Outreach Community involvement $1,121.74 $0.00 $1,121.74 and Support (TBD) Total Task 1 Task 2 - Finalize 1P $1,121.74 $0.00 $1,121.74 Community involvement $1 ,800.00 $0.00 $1,800.00 and Support (TBD) Total Task 2 Collaborate $1,800.00 $0.00 $1,800.00 Community involvement $8,021.74 $500.00 $8,521.74 and Support (TBD) Total Task 3 1 1 Task 4 - City Public Hearings $8,021.741 $500.00 $8,521.74 Community involvement $4,100.00 $3,500.00 $7,600.00 and Support (TBD) Total Task 4 Task S - CCC Review $4,100.00 $3,500.00 $7,600.00 community involvement $20,500.00 $15,500.00 $36,000.00 and Support (TBD) Total Task.5 $20,500.00 $15,500.00j_$36,000.00 Task 6 - City Council Adoption Community involvement $2.228.26 $1,500.00 $3,728.26 and Support (TBD) Total Task 6 $2,228.26 $1,500.00 $3,728.26 Task 7 - Certification Community involvement $2,228.26 $1,500.00 $3,728.26 and Support (TBD) Total Task 7 $2,228.26 $1,500.00 $3,728.26 Total subcontractors $40,000.00 $22,500.00 $60,700.00 Total Direct Costs $48,095.99 $ ^��e 97 $77,72197 38 465.88 84 761.87 OVERHEAD / INDIRECT COSTS131 1 $0.00 $0.00 $0.00 TOTAL PROJECT COST $67,000.00 ._ $113,718.96 $178,918.96 11 Amount requested for benefits not to exceed 40% of amount requested for salary or wage 121 Travel reimbursement rates are the same as similarly situated state employees. 131 All subcontractors must be selected pursuant to a competitive bidding process that seeks at least three (3) bids from responsible bidders. 141 Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for "Total Personnel." City of Newport Beach LCP-14-10 Page 1 of 3 L*QIL311111111« BUDGET DETAIL AND PAYMENT PROVISIONS 1. Request for Funds A. For services satisfactorily rendered during the term of this Agreement and upon receipt and approval of the Request for Funds Form described below (also referred to as the "RFF Form"), the Commission agrees to reimburse Grantee for actual expenditures incurred in accordance with the rates specified herein or attached hereto. B. Grantee shall submit each RFF form, in triplicate, no more frequently than monthly (except as requested by the Commission) but no less frequently than quarterly (assuming activity occurred within that quarter). RFF forms shall be submitted in arrears to: California Coastal Commission Attn: Hilary PapendiskCarey Batha,Executive Division 45 Fremont Street, Suite 2000 San Francisco, CA 94105-2219 C. Each RFF form shall contain the following information: 1. Grantee's name and address as shown in this Agreement. 2. Date of the RFF form. 3. Time period covered by the RFF form during which work was actually done. 4. Agreement number as shown on this Agreement. 5. Original signature of the Grantee 6. Itemized costs by tasks and source of funds (Commission and/or OPC, where relevant) as listed in the scope of work for the billing period in the same or greater level of detail as indicated in the Project Budget (see Exhibit 131), with supporting documentation. Only those costs and/or cost categories expressly identified in this Agreement may be reimbursed. 7. Remaining balance listed by task number from the Scope of Work (see Exhibit 61) including the cumulative expenditures to date, the expenditures during the reporting period, and the unexpended balance of funds under this Agreement. D. Attached to the RFF form, the Grantee shall submit a supporting progress report summarizing the work that was completed during the invoice period and the current status of the work for which disbursement is sought, including work by any contractor, and comparing it to the status required by the Scope of Work (budget, timeline, tasks, etc.). E. Notwithstanding the foregoing, the Grant Manager of the Commission may request and the Grantee shall provide receipts or other source documents for any other direct expenditure or cost as described in the RFF form, as and when necessary to resolve any issue concerning reimbursement. City of Newport Beach LCP-14-10 Page 2 of 3 EXHIBIT C F. The Grantee's failure to fully execute and submit a RFF form, including attachment of supporting documents, may relieve the Commission of its obligation to disburse funds to the Grantee unless and until the Grantee corrects all deficiencies. G. Any RFF form that is submitted without the required itemization and documentation will not be authorized. If the RFF form package is incomplete, inadequate or inaccurate, the Commission will inform the Grantee and withhold payment until all required information is received or corrected. Grantee shall submit a RFF form no more frequently than monthly but no less frequently than quarterly (assuming activity occurred within that quarter). Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement. H. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the Commission must occur before the Termination Date. I. Grantee must report to the Commission in the Project Budget all sources of other funds for the Project. The Grantee shall expend Grant Funds in the manner described in the Work Program approved by the State. Expenditure on items contained in the approved Project Budget may vary by as much as ten percent without prior approval by the State, provided the grantee submits a revised Project Budget prior to requesting disbursement based on such revised budget. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement. 2. Budget Contingency Clause A. It is mutually agreed that if the final Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the Local Coastal Program Local Assistance Grant Program this Agreement shall be of no further force and effect, and the Commission shall have no liability to pay any funds whatsoever to Grantee or to furnish any other consideration under this Agreement and Grantee shall not be obligated to continue performance under the provisions of this Agreement. B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Local Coastal Program Local Assistance Grant Program the Commission shall have the option at its sole discretion to either cancel this Agreement with no liability accruing to the Commission or enter into an agreement amendment with Grantee to reflect the reduced amount. EXHIBIT C 3. Prompt Payment Clause City of Newport Beach LCP-14-10 Page 3 of 3 Payment will be made no later than 45 days following receipt of properly submitted, undisputed invoices except as otherwise set forth in, and in each case in accordance with, the California Prompt Payment Act, Government Code section 927, et seq. EXHIBIT D General Terms and Conditions City of Newport Beach LCP-14-10 Page 1 of 1 The General Terms and Conditions (GTC-610, effective as of 6/9/2010) are incorporated into this agreement this Agreement by reference as if attached hereto, and may be viewed at httr)://www.das.ca.gov/ols/Resources/StandardContractLanouage.aspx. In the event of a direct conflict between a term of this Agreement and a term of the General Terms and Conditions such that both terms cannot both be complied with, the terms of this Agreement shall prevail except to the extent that it would result in noncompliance with any applicable law. The term "Contractor" in the General Terms and Conditions shall be interpreted to refer to Grantee. EXHIBIT E SPECIAL TERMS AND CONDITIONS City of Newport Beach LCP-14-10 Page 1 of 9 ACKNOWLEDGEMENT The Grantee shall include an acknowledgement of the use of "California Coastal Commission Local Coastal Program" grant funding in all materials produced as a result of this Agreement. The Commission shall have the right to republish any material generated as a result of this Agreement. PROJECT EXECUTION A. Grantee shall complete the Project before the Termination Date. B. Subject to the availability of funds, the Commission hereby grants to the Grantee the sum $67,000 (Grant Funds) not to exceed the amount stated on the signature page in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement. C. Prior to the commencement of any Project work, Grantee agrees to submit in writing to the Commission for prior approval any deviation from the original Scope of Work pursuant to Exhibit B1. Changes in the Scope of Work must continue to ensure timely and effective completion of a new or updated Local Coastal Program for certification by the Commission. Any modification or alteration in the Scope of Work on file with the Commission must be submitted to the Commission for approval. Changes to the Scope of Work shall require an amendment to this Agreement (see "Amendments" below). D. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. E. Grantee shall complete the Project and the invoicing and reporting requirements before the Termination Date unless an extension has been granted by the Commission in writing. Extensions may be requested in writing prior to the Termination Date and will be considered by the Commission at its sole discretion. F. Grantee certifies that the Work Program does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, California Coastal Act, health and safety codes, and disabled access laws. G. Commission staff will be available to support the development of the Project through regular coordination and assistance. Commission staff support includes regular coordination meetings, timely review of deliverables, and participation in stakeholder advisory groups, as feasible, to ensure timely and successful completion of the Project. POTENTIAL CONTRACTORS Nothing contained in this Agreement or otherwise, shall create any contractual relation between the Commission and any contractors, and no contract shall relieve the Grantee of its responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible for the acts and omissions of its contractors and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee's obligation to pay its contractors is an independent obligation from the Commission's obligation to make payments to the Grantee. As a result, the City of Newport Beach LCP-14-10 Page 2 of 9 14:/:11-3hV Commission shall have no obligation to pay or to enforce the payments of any moneys to any contractor. If all or any part of the Project to be funded under this Agreement will be performed by third parties under contract with the Grantee, then the Grantee should, prior to executing an agreement for services, seek the approval of the Grant Manager on the selection of the third party. TRAVEL REIMBURSEMENT Travel Reimbursement shall be at the same rates as similarly situated State employees. If any conflicts exist between the Grantee's rates and those applicable to State employees, the State's reimbursement rates shall prevail. Receipts will be required. All travel costs are inclusive within the budgeted amount referenced in this Agreement. PROPERTY PURCHASED The Grantee agrees to continue using property purchased under this Agreement for the purposes outlined in this Agreement or similar activities until it is fully consumed (i.e. is either fully distributed, damaged, worn-out, or becomes obsolete). SETTLEMENT OF DISPUTES If the Grantee believes that there is a dispute or grievance between Grantee and the Commission arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue with the Grant Manager. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures: If the issue cannot be resolved directly with the Grant Manager, the Grantee shall submit, in writing, a grievance report together with any evidence to the Chief Deputy Director of the Commission. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee's position and the remedy sought. Within ten (10) days after receipt of the grievance report, the Chief Deputy Director, or its designee, shall meet in person or via phone with the Grantee and the Grant Manager for purposes of resolving the dispute. The decision of the Chief Deputy Director following such a meeting shall be final. TERMINATION Except as otherwise set forth in this Agreement, this Agreement may be terminated (a) by the Commission for any reason upon thirty (30) days prior written notice to the Grantee, (b) by Grantee for any reason upon thirty (30) days prior written notice to the Commission subject to the approval of the Commission in its sole discretion, and (c) immediately upon written notice by either party "for cause". The term "for cause' shall mean that either the Grantee or the Commission fails to meet any material terms, conditions, and/or responsibilities of the Agreement. In the event of a termination, the Grantee shall take all reasonable measures to prevent further costs requiring reimbursement by the Commission. The Commission shall then only be responsible for any reasonable and non -terminable obligations incurred by the Grantee in City of Newport Beach LCP-14-10 Page 3 of 9 EXHIBIT E the performance of this Agreement up to the date Grantee ceased performing under this Agreement as determined by the Commission, but not to exceed the balance of the total funds which remains unencumbered under this Agreement at the time of termination. On or before the date of termination of this Agreement, whether terminated by the Grantee or the Commission, the Grantee shall provide the Commission with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this Agreement (whether completed or partial), in appropriate, readily useable form. The Grantee expressly agrees to waive, release and relinquish the recovery of any consequential damages that may arise out of the termination or suspension of this Agreement. The Grantee shall include in any agreement with any contractor retained for work under this Agreement a provision that entitles the Grantee to immediately suspend or terminate the agreement with the contractor for any reason on written notice. If the Grantee fails to complete the Project in accordance with this Agreement, or fails to fulfill any other obligations of this Agreement prior to the Termination Date, the Grantee shall be liable for immediate repayment to the Commission of all amounts disbursed by the Commission under this Agreement, plus accrued interest (rate as set forth by the current Pooled Money Investment Account) and any further costs related to the Project. The Commission may, at its sole and absolute discretion, consider extenuating circumstances with regard to Grantee's repayment obligations hereunder. This paragraph shall not be deemed to waive or limit any remedies available to the Commission for breach of this Agreement. Notwithstanding the foregoing, Grantee acknowledges (and waives any defense based on a claim) that monetary damages may not be an adequate remedy to redress a breach by Grantee hereunder and that a breach by Grantee hereunder may cause irreparable harm to the Commission. Accordingly, Grantee agrees that upon a breach of this Agreement by Grantee, the remedies of injunction, declaratory judgment and specific performance shall be available to the Commission. WAIVER AND RELEASE Grantee hereby waives all claims and recourses against the Commission, including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this Agreement, except for claims for reimbursement of costs due under this Agreement, recovery of which shall be limited to the total amount properly incurred hereunder and in no event exceed the total amount of Grant Funds provided for hereunder. Grantee acknowledges that it is solely responsible for its compliance with the terms of this Agreement. City of Newport Beach LCP-14-10 Page 4 of 9 EXHIBIT E REIMBURSEMENT Complete reimbursement of funds under this Agreement will be dependent upon successful completion of the final deliverable of this Agreement. Grantee agrees that up to 20% of the total amount due hereunder may not be reimbursable until all final deliverables have been completed and delivered by the Grantee. AMENDMENTS This Agreement may only be amended by mutual agreement in writing between Grantee and the Commission. Any request by the Grantee for an amendment must state the amendment request and reason for the request, using the Amendment Request form provided in Exhibit E hereto. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment. No oral understanding or agreement not incorporated into the Agreement in writing is binding on the parties. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Scope of Work approved by the Commission. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement. With the exception of adjustments as discussed above, any subsequent changes or additions to the Work Plan approved by the Commission in writing are hereby incorporated by reference to this Agreement as though set forth in full in this Agreement. REALLOCATION OF FUNDS If Grantee fails to meet the performance criteria and Benchmarks in this Agreement, the Executive Director or his designee may immediately and upon written notice cancel this Agreement and re -allocate any unspent funds to one or more of the other approved Grantees whose grant was not fully funded. Should a Grantee not need the full amount of funds awarded by the Commission, they shall notify the Grant Manager as soon as possible so that any remaining allocated but unspent funds may be redistributed, as feasible. In addition, should Grantee fail to enter into an agreement necessary for its performance hereunder in a timely manner or fail to meet Work Program Benchmarks, the Executive Director or his designee may reallocate funds to supplement an already awarded grant. DIGITAL SUBMITTAL OF LCPS Prior to the Executive Director's determination and reporting of certification pursuant to Section 13544 of the California Code of Regulations of a grant -funded LCP project, grantees shall submit LCP documents (text, maps and exhibits) in paper hardcopy as well as an electronic copy in permanent format (such as an Adobe Acrobat .pdf file) and one electronic copy in an editable format (such as in Microsoft Word .doe). City of Newport Beach LCP-14-10 Page 5 of 9 EXHIBIT E COASTAL COMMISSION SEA LEVEL RISE GUIDANCE Grantees shall use the Commission's Draft Sea Level Rise Guidance documents on an interim basis until the Final Guidance is adopted by the Commission, and then shall use the final Sea Level Rise Guidance to inform the development of sea level rise impact assessments, vulnerability assessments, and LCP Land Use Plan and Implementation Plan completion or updates. COORDINATION OF SEA LEVEL RISE PLANNING WORK Sea level rise work completed under the Local Coastal Grant Program shall be coordinated regionally to the extent feasible with other jurisdictions and entities working on sea level rise projects within the same county or broader regional area relevant for sea level rise adaptation, such as the watershed, littoral cell, or area with similar geologic characteristics. Coordination includes early coordination meetings among the different entities, sharing of technical analyses and lessons learned, and consideration of regional adaptation policies. SAFEGUARDING CALIFORNIA PLAN ACTIONS AND PRINCIPLES Grant -funded work shall also be guided by the Safeguarding California Plan for Reducing Climate Risk's recommended climate change preparedness actions and principles,e as listed below, and as described in the adopted 2014 Ocean Protection Council Resolution to support implementation of the Safeguarding Plan. The Plan states that projects or programs implemented with state funds should: • Encourage innovative design of new structures and infrastructure in areas vulnerable to sea level rise, storms and erosion and priority should be given to green or nature -based solutions that use natural processes and habitats to reduce risk from flooding and erosion. • Reduce risk from climate impacts to the coast and ocean, by implementing the Safeguarding Plan's recommendation to incorporate climate risk considerations into all relevant decision-making, including related to infrastructure, in such a way that it: o Encourages iterative approaches; o Protects California's most vulnerable populations; o Achieves multiple benefits from efforts to reduce climate risks and prioritizes green infrastructure solutions; o Integrates climate risk reduction with emissions reductions to the fullest extent possible; and 'California Coastal Commission 2014. Available. http://www.coastal.ca.gov/climate/slr/quidance/CCC Draft SLR Guidance PR 10142013.0 Accessed 19 September 2014 6 California Natural Resources Agency 2014. Available. http://resources.ca.gov/docs/climate/Final Safeguarding CA Plan July 31 2014.1)d . Accessed 19 September 2014. Ocean Protection Council 2014. Available: http://www.opc.ca.gov/Webmaster/ftp/pdf/agenda items/20140527/Item5 OPC Aug2014 Exhibit 1 Safeg uarding Resolution ADOPTED.Ddf. Accessed 19 September 2014. City of Newport Beach LCP-14-10 Page 6 of 9 EXHIBIT E o Develops metrics and indicators to track progress on efforts to reduce climate risk. Adhere to the Safeguarding Plan principles: o Use the best available science to identify risks and adaptation strategies; o Understand that an effective strategy for preparing for climate risks should evolve as new information is available; o Involve all relevant stakeholders; o Establish and maintain strong partnerships across all levels of government, tribes, businesses, landowners, and non-governmental organizations; o Give priority to strategies that also achieve benefits other than climate risk reduction benefits, including additional benefits to public health, the economy, environmental justice, and conservation of natural resources; and o Ensure that strategies to reduce climate risk are coordinated, to the extent possible, with the state's efforts to reduce GHG emissions and other local, national and international efforts. AUDIT REQUIREMENTS AND FINANCIAL Commission projects are subject to audit by the State annually and for three (3) years following the payment of Grant Funds. Accordingly, Grantee shall maintain orderly, accurate and complete documents and records of all financial accounts, costs, disbursements, receipts and other matters relating to this Agreement consistent with the policies outlined in the Exhibit C, hereto, for the Project and shall make them available to the State or the Commission for auditing, inspecting and copying at reasonable times. Grantee shall also retain such documents and records for three (3) years after final payment and one (1) year following an audit. The documents for audit should be retained onsite. Grantee shall use applicable generally accepted accounting principles unless otherwise agreed to by the Commission in writing. If Grantee stated in the Work Plan that other sources of funding will be used to complete the Project, the Grantee shall establish internal systems to track expenditures of matching or in- kind funds on a regular basis and will make the documentation available to the Commission upon request. WORK PRODUCT The Grantee agrees that all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement, herein referred to as "materials" are subject to the rights of the Commission as set forth in this section. The Commission shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. Grantee agrees that it shall use the materials developed with Grant Funds only for the purpose for which the Grant Funds were requested and no other use of the materials shall be permitted except as otherwise agreed to in an Amendment. City of Newport Beach LCP-14-10 Page 7 of 9 EXHIBIT E Grantee must certify the materials developed with Grant Funds under this Agreement shall remain available for public review. This Agreement shall not prevent the transfer of the materials from the Grantee to a Public Agency if the successor Public Agency assumes the obligations imposed by this Agreement. If the use of the materials is changed to a use that is not permitted by the Agreement, or if the materials are sold or otherwise disposed of, at the Commission's sole discretion, an amount equal to (1) the total amount of the Grant Funds, or (2) the proceeds from the sale or other disposition, whichever is greater, shall be promptly reimbursed to the Commission by Grantee. WAIVERS GENERALLY No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of or excuse of any other, different or subsequent breach by either party. EXECUTIVE DIRECTOR'S DESIGNEE The Executive Director shall designate a Commission staff Grant Manager who shall have authority to act on behalf of the Executive Director with respect to this Agreement. Grantee shall be notified of such designation in writing. INSURANCE Throughout the term of this Agreement, for the life of any asset funded by the grant monies awarded pursuant to this Agreement, or for any period of project implementation after the termination date of this Agreement, the Grantee shall maintain self-insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, volunteers, or contractors associated with the Project undertaken pursuant to this Agreement. If the Grantee provides funds to any contractor to accomplish any of the work of this Agreement or provides grant funds to any contractor to cant' out a project under this Agreement, the Grantee shall first enter into an agreement with each contractor requiring it to obtain and maintain liability and property -damage insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the contractor, or its agents, representatives, employees, or volunteers, associated with the project undertaken pursuant to this Agreement. As an alternative, with the written approval of the Executive Director, the contractor may satisfy the coverage required by this section in whole or in part through its participation in a "risk management" plan, self-insurance program or insurance pooling arrangement, or any combination of these, if consistent with the coverage required by this section. Required insurance shall be maintained from the commencement date through the Termination Date of any work undertaken by the contractor under the approved Scope of Work. City of Newport Beach LCP-14-10 Page 8 of 9 EXHIBIT E 1. Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office ("ISO") Commercial General Liability coverage (occurrence Form CG 0001) or ISO Comprehensive General Liability form (1973) or comparable with Broad Form Comprehensive General Liability endorsement. b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto). c. Workers' Compensation insurance as required by the Labor Code of the State of California. 2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than: a. General Liability: $1,000,000 per occurrence for bodily injury, personal (Including injury and property damage. If Commercial General operations, Liability Insurance or other form with a general products and aggregate limit is used, either the general aggregate completed limit shall apply separately to the activities under this operations, as Agreement or the general aggregate limit shall be twice applicable) the required occurrence limit. b. Automobile $1,000,000 per accident for bodily injury and property Liability: damage. 3. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director. 4. Required Provisions. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days' prior written notice by certified mail, return receipt requested, has been given to the Executive Director. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions: a. The State of California, its officers, agents and employees are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts or equipment furnished in connection with such work or operations. b. For any claims related to this Agreement, the Grantee's insurance coverage shall be primary insurance with respect to the State of California, its officers, agents and employees. c. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. 5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best's rating of "B+:VII" or better or, City of Newport Beach LCP-14-10 Page 9 of 9 EXHIBIT E in the alternative, acceptable to the Commission and approved in writing by the Executive Director. 6. Verification of Coverage. The Grantee shall furnish the Grant Manager with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Grant Manager before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time. 7. Premiums and Assessments. The Commission is not responsible for premiums and assessments on any insurance policy. EXHIBIT F AMENDMENT TEMPLATE Amendment to 1. This amendment (the "Amendment') is made by , parties to the agreement_ "Agreement"). 2. As of date , the Agreement is amended as follows: City of Newport Beach LCP-14-10 Page 1 of 1 _ and dated (the 3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail. Signed and Agreed: Representative of By: Printed Name: Title: Dated: Representative of Coastal Commission: By: Printed Name: Title: Dated: • Agenda Item No. 5 November 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Community Development Department Kimberly Brandt, AICP, Director 949-644-3226, kbrandt@newportbeachca.gov PREPARED BY: Patrick J. AlforAMWning Manager APPROVED: TITLE: �—L-ocal P2;oastal Program Grant Proposal Authorization ABSTRACT: City Council authorization is required to allow staff to submit a grant proposal application to the California Coastal Commission for financial assistance for Local Coastal Program planning. RECOMMENDATION: Find that this authorization is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061.b.3 of the CEQA Guidelines; and 2. Adopt Resolution No. 2013-76 (Attachment CC 1) authorizing submittal of the grant proposal, granting authority to enter into a contract with the California Coastal Commission, and designating an authorized representative. FUNDING REQUIREMENTS: There is no budget impact related to this item. However, if the grant is approved, the funds would be used to off -set costs of the Local Coastal Program certification effort. DISCUSSION: For Fiscal Year 2013-2014, Governor Brown and the California Legislature approved an augmentation of $1 million to the California Coastal Commission's budget to support local governments responsible for planning under the California Coastal Act to develop or update Local Coastal Programs (LCPs). The grant proposal package must include a resolution that contains the following authorizations: 1) authority to submit the proposal, 1 LCP Proposal Authorization November 12, 2013 Page 2 2) authority to enter into a contract with the California Coastal Commission if the grant is awarded, and 3) designation of the applicant's authorized representative. Deputy Community Development Director Brenda Wisneski would be the designated representative. The exact amount of the funds being requested has not been determined; however, it will reflect approximately one-half of the staff costs estimated for this fiscal year. The deadline for submittal to the California Coastal Commission is November 22, 2013 ENVIRONMENTAL REVIEW: This authorization is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA Guidelines). It can be seen with certainty that there is no possibility that this authorizaton will have a significant effect on the environment; and therefore, this activity is not subject to CEQA. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: Kimberly Brand, AICP Director 2 Attachment No. CC 1 Draft Resolution 3 4 RESOLUTION NO. 2013- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING SUBMITTAL OF A GRANT PROPOSAL TO, AND AUTHORITY TO ENTER INTO A CONTRACT WITH, THE CALIFORNIA COASTAL COMMISSION AND DESIGNATING AN AUTHORIZED REPRESENTATIVE WHEREAS, the Budget Act of 2013 provides an appropriation of $1 million for Coastal Commission grants in Fiscal Year 13-14 to local governments to support Local Coastal Program (LCP) planning; WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a competitive grant program to provide such financial assistance for LCP planning; WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to reflect current circumstances and new scientific information, including new understandings and concern for the effects of climate change; WHEREAS, grant proposals submitted under this grant program must complete land use plan and/or zoning work to either achieve submittal for certification of a Local Coastal Program (LCP) or an Area of Deferred Certification (ADC) or of an LCP Amendment to significantly update a certified LCP or LCP segments, including special emphasis on effects of climate change and sea -level rise; WHEREAS, the City of Newport Beach does not yet have a certified LCP; WHEREAS, the City of Newport Beach desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Implementation Plan; WHEREAS, the City of Newport Beach desires to pursue a project that would result in the completion and submittal for certification of an LCP by the California Coastal Commission and desires to assume permit issuing authority; and WHEREAS, the City of Newport Beach commits to and agrees to fully support a planning effort intended to complete a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff. WHEREAS, this authorization is covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the CEQA 0 City Council Resolution No. 2011 - Guidelines). It can be seen with certainty that there is no possibility that this authorization will have a significant effect on the environment; and therefore, this activity is not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newport Beach hereby: 1. Directs City of Newport Beach staff to submit the grant application package to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, for the certification of the Local Coastal Program. 2. Authorizes Brenda Wisneski, AICP, Deputy Community Development Director of the City of Newport Beach, to execute, in the name of the City of Newport Beach, all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package and any project approved through approval of the grant application. PASSED AND ADOPTED on the 12th day of November, 2013, by the following vote, to wit: AYES, CITY COUNCIL MEMBERS NOES, CITY COUNCIL MEMBERS ABSENT, CITY COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK 2 0