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
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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.
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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
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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,
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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
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Attachment No. CC 1
Draft Resolution
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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
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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
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