HomeMy WebLinkAboutC-6241 - Proposition 84 Areas of Special Biological Significance (ASBS) Grant Program Grant Agreement - Newport Coast SABS Protection Implementation Program (10-414-550)r ATE 11SE.ONLY
STRATION NO. nZ
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PROPOSITION 84 AREAS OF SPECIAL BIOLOGICAL SIGNIFICANCE (ASBS) GRANT PROGRAM
GRANT AGREEMENT
BETWEEN THE
STATE WATER RESOURCES CONTROL BOARD, hereinafter called "State' or "State Water Board"
AND
CITY OF NEWPORT BEACH, hereinafter called "Grantee"
NEWPORT COAST ASBS PROTECTION IMPLEMENTATION PROGRAM, hereinafter called "Project'
AGREEMENT N0, 10- 414 -550
The State and Grantee hereby agree as follows:
PROVISION(s). The following provision(s) authorize the State Water Board to enter into this type of Grant Agreement:
Public Resources Code § 75060 (Proposition 84 Clean Beaches Initiative)
PURPOSE. The State shall provide a grant to and for the benefit of Grantee for the purpose of Implementing elements of
the Newport Coast ASBS Protection Program to improve water quality at public beaches and further
reduce bacterial loadings to the coastal waters.
GRANT AMOUNT. The maximum amount payable under this Agreement shall not exceed $2,500,000.00. Global Positioning
System (GPS) locations for any monitoring must be identified for this Project prior to any disbursements.
TERM of AGREEMENT. The term of the Agreement shall begin on APRIL 1, 2011, and continue through final payment plus
thirty -five (35) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL
WORK SHALL BE COMPLETED BY MARCH 31, 2014. ABSOLUTELY NO FUNDS MAY BE
REQUESTED AFTER MAY 1, 2014.
PROJECT REPRESENTATIVES. The Project Representatives during the term of this Agreement will be:
State Water Board
Grantee:
City of Newport Beach
Name:
Ruben Mora, Grant Manager
Name:
Robert Stein, Project Director
Address:
1001 1 Street, 16,n Floor
Address:
3300 Newport Boulevard
City, Zip:
Sacramento, CA 95621
City, Zip:
Newport Beach. CA 92658
Phone:
916 341 -5387
Phone:
949) 644 -3322
Fax:
916) 341 -5707
Fax:
949 644 -3318
e -mail:
rmora waterboards.ca. ov
e -mail:
RStein@newportbegghoa.gov
Direct all inquiries to:
State Water Board
Grantee:
City of Newport Beach
Section:
Division of Financial Assistance
Section:
Attention:
Melissa Miller, Program Analyst
Name:
Robert Stein, Grant Contact
Address:
10011 Street, 17 Floor
Address:
3300 Newport Boulevard
City, Zip:
Sacramento, CA 95814
City, Zip:
Newport Beach, CA 92658
Phone:
(916 ) 993 -3872
Phone:
(949) 644 -3322
Fax
916) 341 -5296
Fax:
949 644 -3318
e -mail:
mmiller waterboards.ca. ov
e-mail:
RStein new ortbeachca. ov
Either party may change its Project Representative upon written notice to the other party.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 2 of 22
STANDARD PROVISIONS. The following exhibits are attached and made a part of this Agreement by this reference:
Exhibit A SCOPE OF WORK
Exhibit B INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS
Exhibit C GENERAL TERMS & CONDITIONS
Exhibit D SPECIAL CONDITIONS — PROPOSITION 84 ASBS GRANT PROGRAM
GRANTEE REPRESENTATIONS. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and commitments made by the Grantee In Its application, accompanying documents, and communications
filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to
comply with all applicable laws, policies and regulations.
IN WITNESS THEREOF rties have executed this Agreement on the dates set forth below.
@ : By:
S 7E6&<R1 �i9GYJ�f
Grantee Typed /Printed Name
Title and Date J/�/11
State Vater Resources Cc trrc
Divisio of Financial Assist
S t r�
Date
Reviewed by: aw
Office of Chief. Counsel
Date: flit 120 %1
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 3 of 22
EXHIBIT A
SCOPE OF WORK
A. PLANS AND COMPLIANCE REQUIREMENTS
1. In order for the State Water Board and Regional Water Quality Controf Board (Regional Water Board)
staff to verify work was adequately performed or conducted, GPS information for project site and
monitoring locations must be identified for this Project prior to any disbursements. Submittal
requirements for GPS data are available at:
http://www.waterboards.ca.gov/water issues /programs /grants loans /grant info /index shtml #plans.
2. The Grantee shall prepare and submit a Monitoring and Reporting Plan (MRP) that does all of the
following: 1) identifies the nonpoint source(s) of pollution to be prevented or reduced by the Project; 2)
describes the baseline water quality or quality of the environment to be addressed; 3) describes the
manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the
desired environmental results; and 4) describes the monitoring program, including, but not limited to, the
methodology, frequency, and duration of monitoring.
The MRP shall be organized as follows, and may be submitted as separate documents or in one report.
2.1 Pro act Assessment and Evaluation
The Project Assessment and Evaluation Plan (PAEP) describes the manner in which the Project will
be effective in preventing or reducing pollution and in demonstrating the desired environmental
results. The PAEP details the methods of measuring and reporting Project benefits. A PAEP will
also identify the ASBS discharges and high threat discharges to be reduced or eliminated by the
Project. The Grantee shall not implement monitoring and performance assessment and /or
evaluation actions prior to PAEP approval by the Grant Manager. Guidance for preparing the PAEP
is available at:
http://www.waterboards.ca.gov/water issues /programs /grants loans /grant info/index.shtml#pians.
2.2 Monitoring Plan
All projects must prepare a Monitoring Plan (MP). At a minimum, all MPs must: 1) describe the
baseline water quality or quality of the environment to be addressed; 2) identify the non -point
source(s) of pollution to be prevented or reduced by the Project; 3) be consistent with regional
monitoring efforts and methods; and, 4) provide GPS information for all sampling locations.
The MP must include a description of the monitoring program and objectives, types of constituents
to be monitored, methodology, the frequency and duration of monitoring, the sampling location for
the monitoring activities, and a discussion of how monitoring is related to existing regional
monitoring efforts. The MP must also include a map showing the proposed monitoring sites, along
with existing regional monitoring and other critical monitoring efforts.
Any costs related to monitoring data collected prior to and not supported by the approved MP will
not be reimbursed. Changes to the MP must be submitted to the Grant Manager for review and a
decision regarding approval prior to implementation. Guidance for preparing an MP is available at
http://wwvv.waterboards.ca.gov/water issues /programs /grants loans /grant info/index.shtml#plans.
2.3 Quality Assurance Pro act Plan
If water quality monitoring is undertaken, the Grantee shall also prepare, maintain, and implement a
Quality Assurance Project Plan (QAPP) in accordance with the State Water Board's Surface Water
Ambient Monitoring Program's (SWAMP) QAPP and data reporting requirements, and the USEPA
QAPP, EPA AQ /R5, 3/01. Water quality monitoring data includes physical, chemical, and biological
monitoring of any surface water.. The QAPP shall be submitted to the State Water Board's Quality
Assurance Officer for review and a decision regarding approval. Any costs related to monitoring
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 4 of 22
data collected prior to and not supported by the approved QAPP will not be reimbursed. Guidance
for preparing the QAPP is available at:
http://www.waterboards.ca.gov/water issues /programs /grants loans /grant info/index.shtml*plans.
The Grantee shall upload a pdf version of the final approved document(s) to the Financial
Assistance Application Submittal Tool (FAAST) system.
2.4 Data Management
Upon the request of the Grant Manager, the Grantee shall submit all water quality data obtained
through implementation of the Monitoring Plan to one of the four Regional Data Centers (Moss
Landing Marine Lab, San Francisco Estuary Institute, Southern California Coastal Water Research
Project, or University of California, Davis), in an electronic format that can readily be uploaded to the
California Environmental Data Exchange Network (CEDEN), such as SWAMP data format
templates.
3. All projects are required to comply with the California Environmental Quality Act (CEQA). No work that is
subject to the CEQA or National Environmental Policy Act (NEPA) may proceed under this Agreement
until documents that satisfy the CEQA/NEPA process are received by the Grant Manager and the State
Water Board has given environmental clearance. No work that is subject to an Environmental Impact
Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy
Director of the State Water Board's Division of Financial Assistance (Division). Such approval is fully
discretionary and shall constitute a condition precedent to any work for which it is required. Proceeding
with work subject to CEQA and /or NEPA without environmental clearance by the State Water Board shall
constitute a breach of a material provision of this Agreement.
4. If landowner agreements are required, signed copies must be submitted to the Grant Manager before
works begins.
5. If permits are required, the permits must be obtained and signed copies submitted to the Grant Manager
before work begins.
6. State Disclosure Requirements - Include the following disclosure statement in any document, written
report, or brochure prepared in whole or in part pursuant to this Agreement:
"Funding for this project has been provided in full or in part through an agreement with the State Water
Resources Control Board. The contents of this document do not necessarily reflect the views and
policies of the State Water Resources Control Board, nor does mention of trade names or commercial
products constitute endorsement or recommendation for use."
Signage shall be posted in a prominent location at Project site (if applicable) or at the Grantee's
headquarters and shall include the State Water Board color logo (available from the Program Analyst):
\Vater Bi3 iris
and the following disclosure statement:
"Funding for this project has been provided in full or in part through an agreement with the State Water
Resources Control Board."
7. The Grantee shall also include in each of its contracts for work under this Agreement a provision that
incorporates the requirements stated within this exhibit. (Gov. Code, § 7550)
City of Newport Beach
State Water Board Grant Agreement No. 10 -414 -550
Page 5 of 22
B. WORK TO BE PERFORMED BY GRANTEE
1. Runoff Reduction Program
1.1 Prepare an assessment of homeowner association common areas that drain to or adjacent to the
ASBS to be targeted under this program. Coordinate with Irvine Ranch Water District (IRWD) on
the assessment, review water usage records, and submit the assessment to the Grant Manager.
1.2 Create a marketing campaign to facilitate the success of the program, and submit a copy of the
marketing materials to the Grant Manager.
1.3. Perform irrigation system evaluations and provide recommendations. Submit the evaluations and
recommendations to the Grant Manager.
1.4 Perform pre - implementation baseline monitoring.
1.5 Install irrigation system improvements and. associated equipment.
1.6 Provide verification inspections and complete installation report forms. Submit the inspection and
installation reports to the Grant Manager.
1.7 Implement an outreach and education program.
1.8 Review pre - installation water usage records and perform post - implementation monitoring to
determine the program's effectiveness, and submit an effectiveness monitoring report to the Grant
Manager.
Buck Gully Erosion Control /Wetlands Project and Storm Drain Infiltration Gallery
2.1 Buck Gully Erosion Control/Wetlands Project
2.1.1 Prepare final construction documents per previously prepared planning documents and
submit to the Grant Manager.
2.1.2 Construct the Project.
2.1.3 Conduct pre- and post- construction water quality monitoring and effectiveness
assessment, and submit a report to the Grant Manager.
2.1.4 Prepare and submit As -Built drawings and photo documentation to the Grant Manager.
22 Storm Drain Infiltration Gallery
2.2.1 Design a system to treat and convey stormwater to reduce metals loading that is
discharging directly to the beach area adjacent to the ASBS.
2.2.2 Prepare final construction documents to install infiltration gallery and submit to the Grant
Manager.
2.2.3 Construct the Project.
2.2.4 Conduct pre- and post- construction water quality monitoring and effectiveness
assessment, and submit a report to the Grant Manager.
2.2.5 Prepare and submit As -Built drawings and photo documentation to the Grant Manager.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 6 of 22
3. Crystal Cove State Park (Park) Parking Lot Improvements
3.1 Design control measures to reduce peak flows from parking lot(s) in the Park, and submit the
design(s) to the Grant Manager.
3.2 Prepare final construction documents and submit to the Grant Manager.
3.3 Construct the Project.
3.4 Conduct pre- and post- construction water quality monitoring and effectiveness assessment, and
submit a report to the Grant Manager.
3.5 Prepare and submit As -Built drawings and photo documentation to the Grant Manager,
4. Los Trancos Pond Improvement Project
4.1 Prepare a pre- design memorandum, with recommendations for improving the ponded water area
at the mouth of Los Trancos Creek, such as removing concrete debris, removing invasive plants,
and re- establishing native plants, e.g., bulrushes or cattails, and submit to the Grant Manager.
4.2 Prepare final construction documents and submit to the Grant Manager.
4.3 Construct the Project.
4.4 Conduct pre- and post- construction water quality monitoring, assist county Park staff in
monitoring pond conditions, and submit a report -to the Grant Manager.
4.5 Prepare and submit As -Built drawings and photo documentation to the Grant Manager.
5. Pesticide Management Program
5.1 Prepare a campaign for training landscape maintenance companies and property owners on the
the correct use of pesticide products. Submit pesticide information and mailers to the Grant
Manager.
5.2 Conduct public workshops on pesticide management and submit a public workshops report to the
Grant Manager.
5.3 Participate in the California Stormwater Quality Association pesticide subcommittee.
6. Public Impact Reduction
6.1 Develop and implement a program designed to reduce the intensity of visitor use at highly -
impacted tidepool areas along the ASBS. Review an option for use of interpretive touch tanks.
Prepare a regional protection program report, outlining how agencies and Non - Governmental
Organizations (NGO) can coordinate education programs, docent programs and enforcement
activities with the Newport Coast ASBS, and submit to the Grant Manager.
6.2 Install interpretive signs along the coastal walkways of the ASBS. Submit the final signage
design and location plan to the Grant Manager.
6.3 Monitor use of the rocking - intertidal areas and gauge changes.
Little Corona Rocky - Intertidal Restoration Pilot Program
7.1 Implement the pilot program to remove the invasive seaweed, and submit an invasive species
removal report to the Grant Manager.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 7 of 22
7.2 Review the Bight08 Biology Survey data, define supplemental monitoring requirements, collect
biological data, and perform other marine surveys and toxicity tests appropriate for assessing
other areas of the ASBS. Provide a biology survey summary report to the Grant Manager.
8. ASBS Collaborative Management Program
8.1 Create a centralized website for southern California ASBS stakeholders to confer on policy,
scientific, and collaboration issues. Stakeholders invited to participate include coastal cities with
ASBS, United States Navy, Coastkeepers, Surfriders, other NGO's, The Southern California
Coastal Water Research Project (SCCWRP), The Scripps Research Institute, State resources
agencies, local community groups, University of California, Irvine, Cal State Fullerton, University
of California, San Diego, counties' watershed staff, and marine life experts and consultants.
Submit a website outline and forum topics to the Grant Manager.
8.2 Develop an Integrated ASBS Program, that includes an ecosystem impact metric for a tiered
monitoring program, prioritization of actions, resource planning and linkage to current and
anticipated Total Maximum Daily Load using a watershed approach, and submit to the Grant
Manager. It will include an assessment of a variety of potential anthropogenic perturbations, e.g.,
urban runoff, flow from Newport Harbor, trampling of intertidal organisms from tidepool visitors,
using a triad approach that includes water quality, toxicity and bioaccumulation, and biological
community structure. Studies will be conducted pre- and post implementation to determine the
collective effectiveness on the ASBS.
8.3 Prepare an annual report, summarizing the status of the website and the recommendations of the
stakeholders forums, and submit to the Grant Manager.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 8 of 22
TABLE OF ITEMS FOR REVIEW
tem
DESCRIPTION
CRITICAL DUE
DATE.
ESTIMATED
DUE DATE
EXHIBITA — SCOPE OF WORK
A.
PLANS AND COMPLIANCE REQUIREMENTS
1.
GPS information for Project site and monitoring locations
Day 90
2.1
Project Assessment and Evaluation Plan (PAEP)
Day 30
2.2
Monitoring Plan (MP)
Day 90
2.3
Quality Assurance Project Plan (QAPP)
Day 90
3.
Copy of final CEQA/NEPA Documentation
Various, per
schedule
4.
Land Owner Agreement(s)
N/A
5.
Applicable Permits
As Needed
B.
WORK TO BE PERFORMED BY GRANTEE
7
Runoff Reduction Program
1.1
Homeowners Association Common Area Assessment
August 2011
1.2
Marketing Materials
October 2011
1.3
Irrigation System Evaluations and Recommendations
July 2012
1.6
Inspection and Installation Report
March 2013
1.8
Effectiveness Monitoring Reports
January 2014
2
Buck Gully Erosion Control /Wetlands Project and Storm
Drain Infiltration Gallery
2.1.1
Final Construction Documents
June 2011
2.1.3.
Report teQuality Monitoring and Effectiveness Assessment
July 2011
2.1.4
As -Built Drawings and Photo Documentation
August 2012
2.2.2
Final Construction Documents
December 2012
2.2.4
Water Quality Monitoring and Effectiveness Assessment
P e
January 2013
2.2.5
As -Built Drawings and Photo Documentation
June 2013
3.
Crystal Cove State Park Parking Lot Improvement
3.1
Parking Lot Design(s)
July 2012
3.2
Final Construction Documents
December 2012
3.4
R Water Quality Monitoring and Effectiveness Assessment
P
January 2013
3.5
As -Built Drawings and Photo Documentation
July 2013
4,
Los Trancos Pond Improvement Project
4.1
Pre- Design Memo
December 2011
4.2
Final Construction Documents
June 2012
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 9 of 22
Item
DESCRIPTION
CRITICAL DUE
DATE
ESTIMATED
DUE DATE
EXHIBITA — SCOPE OF WORK
4.4
Water Quality Monitoring Report
July 2012
4.5
As -Built Drawings and Photo Documentation
January 2013
5.
Pesticide Management Program
5.1
Pesticide Information and Mailers
January 2012
5,2
Public Workshops Report
January 2013
6.
Public Impact Reduction
6.1
Regional Protection Program Report
January 2013
6.2
Final Signage Design and Location Plan
June 2012
7.
Little Corona Rocky - Intertidal Restoration Pilot Program
7,1
Invasive Species Removal Report
December 2013
72
Biology Survey Summary Report
December 2013
8.
ASBS Collaborative Management Program
8.1
Website Outline and Forum Topics
December 2012
8.2
Integrated ASBS Program
December 2013
8.3
Annual Report
January 2013
and 2014
EXHIBIT B — INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS
A.
INVOICING
Quarterly
G.
REPORTS
1.
Progress Reports by the twentieth (20'h ) of the month
following the end of the calendar quarter (March, June,
September, and December)
Quarterly
2.
Annual Progress Summaries
September 2012
September 2013
3
Natural Resource Projects Inventory (NRPI) Project
Survey Form
Before final
invoice
4.
Draft Project Report
January 2014
5.
Final Project Report
February 2014
6.
Final Project Summary
February 2014
7.
Final Project Inspection and Certification
Before Final
Invoice
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 10 of 22
EXHIBIT B
INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS
A. INVOICING
1. Invoices shall be submitted using the invoice template provided by the State Water Board. The invoice
must be itemized based on the line items specified in the Budget. The original invoice shall be submitted
to the State Water Board's Grant Manager on a quarterly basis consistent with the reporting schedule in
Section E.1 of this exhibit. The address for submittal is:
Ruben Mora, Grant Manager
State Water Resources Control Board
Division of Financial Assistance
1001 1 Street, 16th Floor
Sacramento, CA 95814
Invoices submitted in any other format than the one provided by the State Water Board will cause an
invoice to be disputed. In the event of an invoice dispute, the State Water Board's Grant Manager will
notify the Grantee by initiating an "Invoice Dispute Notification" form. Payment will not be made until the
dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided
above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon
deposit of the payment, properly addressed, postage prepaid, in the United States mail. The State Water
Board Grant Manager has the responsibility for approving invoices.
3. Supporting documentation (e.g., receipts) must be submitted with each invoice to request reimbursement
for grant funds as well as to support matching funds invoiced. The amount claimed for the Personnel
Services line item and Professional and Consultant Services line item must include a calculation formula
(i.e., hours or days worked times the hourly or daily rate = total amount claimed). Invoice payment shall
be made only after receipt of a complete, adequately supported, properly documented and accurately
addressed invoice.
4. The Grantee shall not request disbursement for any cost until such cost has been incurred and has been
paid by or is due and payable by the Grantee. Although it is agreed that actual payment of such cost by
the Grantee is not required as a condition of the grant disbursement, all grant disbursements received by
the Grantee shall be paid to contractors and vendors within thirty (30) days from receipt of the funds. In
the event that the Grantee fails to disburse grant funds to contractors or vendors within thirty (30) days
from receipt of the funds, the Grantee shall immediately return such funds to the State Water Board.
Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to
the State Water Board. If the Grantee held such funds in interest - bearing accounts, any interest earned
on the funds shall also be due to the State Water Board.
5. Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or
in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or
which may require any rebates to the Federal Government, or any loss of tax -free status on state bonds,
pursuant to any Federal statute or regulation.
6. Notwithstanding any other provision of this Agreement, the Grantee agrees that the State Water Board
may retain an amount equal to ten percent (10 %) of the grant amount specified in this Agreement until
completion of the Project to the reasonable satisfaction of the State Water Board. Any retained amounts
due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the
Project.
7. The invoice shall contain the following information:
a. The date of the invoice;
b. The time period covered by the invoice, i.e., the term "from" and "to ";
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 11 of 22
c. The total amount due; and
d. Original signature and date (in ink) of Grantee or its authorized representative.
e. Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN
MAY 1, 2014.
B. PROHIBITION OF INDIRECT COSTS
The grant funds for this Agreement are the proceeds from the sale of general obligation bonds. As such,
grant funds may not be used for any indirect costs. "Indirect Costs" means those costs that are incurred for a
common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project
(i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited
to: central service costs; general administration of the Grantee; accounting and personnel services performed
within the Grantee organization; depreciation or use allowances on buildings and equipment; the costs of
operating and maintaining facilities; tuition and conference fees; and, generic overhead or markup. Any
invoice submitted including Indirect Costs will cause that invoice, in its entirety, to be disputed and will not be
paid until the dispute is resolved. This prohibition applies to the Grantee and any subcontract or
subagreement for work on the Project that will be reimbursed with grant funds pursuant to this Agreement.
C. BUDGET CONTINGENCY CLAUSE
The maximum amount to be encumbered under this Agreement for the 2010 -2011 fiscal year ending
June 30, 2011 shall not exceed TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00).
If the Budget Act of the current year and /or any subsequent years covered under this Agreement does not
appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision
shall be construed as a condition precedent to the obligation of the State Water Board to make any payments
under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee
or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any
provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a
right of priority for payment over any other Grantee.
If this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or
by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no
liability occurring to the State, or offer an Agreement amendment to the Grantee to reflect the reduced
amount.
D. LINE ITEM BUDGET
PROP84 MATCH TOTAL
Personnel Services $ 0 $ 243,271 $ 243,271
Equipment ($5,000 or more per item) $ 5,000 $ 0 $ 5,000
Water Quality Meter
Professional and Consultant Services $1,107,500 $ 451,000 $1,558,500
Geotechnical, Permitting and Environmental Services; Irrigation
Controllers and Pesticide Program; PAEP, QAPP and
Monitoring Plan; Buck Gully Erosion Control/Wetlands Project;
Rocky Intertidal Pilot Program; Southern CA Bight ASBS Website;
Public Impact Reduction Program and Signage; ASBS
Collaborative Management Program; Monitoring
Construction (Contracted Services) $1,387,500 $1,356,500 $2,744,000
TOTAL $2,500,000 $2,050,771 $4,550,771
City of Newport Beach
State Water Board Grant Agreement No. 10 -414 -550
Page 12 of 22
E. BUDGET LINE ITEM FLEXIBILITY
Line Item Adjustment(s). Subject to the prior review and approval of the Grant Manager, adjustments
between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15 %) of
the total grant amount including any amendment(s) thereto. Line item adjustments in excess of fifteen
percent (15 %) shall require a formal Agreement amendment. If the Line Item Budget includes an amount
for Personnel Services, that amount is based on the hours, classifications, and rates submitted by the
Grantee in its application. Any changes to the hours, classifications, and rates must be approved, in
advance and in writing, by the Grant Manager.
2. Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the
State Water Board. Such adjustment may not increase or decrease the total grant amount allocated per
fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the
requested changes. Changes shall be noted by striking the original amount(s) followed with revised
change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new
budget line item requires a formal amendment and are not permissible under this provision. The State
Water Board may also propose adjustments to the budget.
3. Remaining Balance. In the event the Grantee does not submit invoices requesting all of the funds
encumbered under this Grant Agreement, any remaining funds revert to the State. The State Water Board
will mail a Notice of Project Completion letter to the Grantee stating that the Project file is closed, the final
invoice is being processed for payment, and any remaining balance will be disencumbered and
unavailable for further use under the Grant Agreement.
F. MATCH FUNDS
The Grantee agrees to provide match funds in the amount of TWO MILLION FIFTY THOUSAND SEVEN
HUNDRED SEVENTY -ONE DOLLARS ($2,050,771) for this Project. This amount of match funds is
based on the classifications (i.e., Line Item Budget categories), funding sources, and amounts submitted
by the Grantee in its application. Any changes in amount or adjustments in classification or sources must
be approved, in advance and in writing, by the Grant Manager.
G. REPORTS
1. PROGRESS REPORT. Grantee shall submit quarterly progress reports to the State Water Board's Grant
Manager by the twentieth (20th) of the month following the end of the calendar quarter (March, June,
September, and December).
a. The progress reports shall provide a brief description of the work performed, accomplishments during
the quarter, milestones achieved, monitoring results (if applicable), and any problems encountered in
the performance of the work under this Agreement. Grantee shall document all contractor activities
and expenditures in progress reports.
b. The invoice should accompany the progress report. The invoice should reflect charges for the work
completed during the reporting period covered by progress report. The invoice cannot be paid prior
to submission of a progress report covering the invoice reporting period.
2, ANNUAL PROGRESS SUMMARIES. Prepare and provide an annual progress summary by September
30, 2012 and September 30, 2013. The summary must be no more than two (2) pages, and shall include
pictures as appropriate. Upload an electronic copy of the Annual Progress Summary in pdf format to the
FAAST system. The summary shall include the following:
a. A summary of the conditions the Project is meant to alleviate, the Project's objective, the scope of the
Project, and a description of the approach used to achieve the Project's objective.
b. A summary of the progress made to date, significant milestones achieved, and the current schedule
of completing the Project.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
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c. An evaluation of the effectiveness of the Project to date in preventing or reducing pollution and
alleviating the Project's original conditions.
A template for the Annual Progress Summary is available online at:
http://www.waterboards.ca.gov/water issues /programs /grants loans /grant info/index.shtml
3. NRPI SURVEY FORM. At the completion of this Project, the Grantee shall complete and submit
electronically a Natural Resource Project Inventory (NRPI) Project Survey Form found at
http : / /www.ice.ucdavis.edu /nrpi. Prior to final payment, the Grantee shall notify the Program Analyst they
have uploaded an electronic copy of the form to the NRPI system.
4. DRAFT PROJECT REPORT. Prepare and submit to the Grant Manager, for review and comment, a draft
Project Report that includes information collected by the recipient in accordance with the Project monitoring
and reporting plan, a determination of the effectiveness of the Project in preventing or reducing pollution, and
the results of the monitoring program. The draft report shall address the following narrative sections and
items.
a. A summary of the Project, describing Project purpose, scope and goals, activities completed,
techniques used and partners involved.
b. A report of all monitoring and management practices or management measures implemented,
together with their corresponding locations. The report shall be in a format that enables the Grant
Manager to find the physical location of each implemented practice or measure and /or monitoring
event in a quick and efficient manner. Acceptable formats include, but are not limited to:
• Map of locations — The map of practices or measures implemented shall consist of dots placed on
a USGS 7.5- minute quadrangle map at the implementation location. Lead lines shall be
connected to a text box description of the practice or measure. The dots shall have a small
enough diameter to enable the Grant Manager to locate the measure or practice within a 50 -foot
radius.
• Project coding system — The project coding system shall explain the coding used to describe
each implemented practice or measure and include a reference to the corresponding GPS
location(s).
c. Describe Project performance, including benefits, successes and shortcomings, consistent with the
PAEP. Enumerate specific quantifiable environmental changes and results of the Project. As
appropriate, include 1) behavioral results such as the amount of management practices or measures
implemented, 2) cost of implementing each BMP or management measure, 3) estimates or
measurements of the amount of pollutants prevented from reaching surface or ground water, 4)
documented changes in water quality based on monitoring, and 4) improved or protected beneficial
uses.
In addition, if the Grantee is responsible for the discharge(s) into the ASBS, the PAEP shall include:
• A description of how the Project addresses high threat discharges, and
• Estimated dates and schedules for addressing future high threat discharges, if known.
d. Identify lessons learned in carrying out the Project. Describe what worked and what did not work,
and how similar efforts could be utilized within the Project area, as well as in other watersheds.
e. Describe the extent of outreach that has been conducted and if there are plans to further promote the
results of the Project to achieve additional implementation.
Describe the Project's funding. Include the projected cost and actual cost of the Project, how much of
the grant funds were spent, and how much funding was put into the Project from other sources.
Identify funding sources that have been "leveraged" by the Project and plans for funding future
activities.
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g. Identify planned or potential follow -up activities, such as any additional steps necessary to achieve
the water quality objectives, Total Maximum Daily Loads (TMDL) or local watershed plans.
h. Include appropriate photos and graphics.
L A list of items submitted as outlined in the Table of Items for Review.
j. Any additional information that is deemed appropriate by the Project Director or Grant Manager.
5. FINAL PROJECT REPORT. Prepare a final Project Report that addresses, to the extent feasible,
comments made by the Grant Manager on the draft final Project Report. Submit one (1) reproducible
master, and an electronic copy of the final. Upload an electronic copy of the final report in pdf format to
the FAAST system.
6. FINAL PROJECT SUMMARY. Prepare a final Project Summary Report that describes the Project's
objective, scope, and final evaluation of the effectiveness of the Project in preventing or reducing
pollution. Upload an electronic copy of the Final Project Summary in pdf format to the FAAST system.
A template for the Final Project Summary is available online at: http: / /www.waterboards.ca.gov/
water issues /programs /grants loans /grant info /index.shtml.
FINAL PROJECT INSPECTION AND CERTIFICATION. Upon completion of the Project, the Grantee
shall provide for a final inspection and shall certify that the Project has been completed in accordance
with this Agreement, any final plans and specifications submitted to the State Water Board, and any
amendments or modifications thereto. If the Project involved the planning, investigation, evaluation,
design, or other work requiring interpretation and proper application of engineering, or other
professionals, the final inspection and certification shall be conducted by a California Registered Civil
Engineer or other appropriate California registered professional. The results of the final inspection and
certification shall be provided to the Grant Manager.
8. The Grantee agrees to expeditiously provide, during work on the Project and throughout the term of this
Agreement, such reports, data, information, and certifications that may be reasonably required by the State
Water Board.
H. PAYMENT OF PROJECT COSTS
The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs
connected with the Project will be paid by the Grantee on a timely basis.
I. AUDIT DISALLOWANCES
The Grantee agrees it shall return any audit disallowances to the State Water Board.
J. FRAUD AND MISUSE OF PUBLIC FUNDS
All invoices submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted
pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any
invoice containing costs that are ineligible or have been reimbursed from other funding sources unless
required and specifically noted as such (i.e., match costs). Any eligible costs for which the Grantee is seeking
reimbursement shall not be reimbursed from any other source. Double or multiple billing for, time, services, or
any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery,
embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant
funds and /or termination of this Agreement requiring the repayment of all funds disbursed hereunder.
Additionally, the Deputy Director of the Division of Financial Assistance may request an audit pursuant to
Exhibit C, paragraph 4 and refer the matter to the Attorney General's Office or the appropriate district
attorney's office for criminal prosecution or the imposition of civil liability.
(Civ. Code, §§ 1572 -1573; Pen. Code, §§ 470, 489 -490.)
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EXHIBIT C
GENERAL TERMS & CONDITIONS
1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in
writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated
in the Agreement is binding on any of the parties.
2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the State
Water Board.
3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part, without the written
consent of the State Water Board,
4. AUDIT: The Grantee agrees the State Water Board, the Bureau of State Audits, the Governor of the State, or
the.lnternal Revenue Service, or any authorized representative of the foregoing shall have the right to review
and to copy any records and supporting documentation pertaining to the performance of this Agreement. The
Division of Financial Assistance (Division), at its option, may call for an audit of financial information relative to
the Project, where the Division determines that an audit is desirable to assure program integrity or where such
an audit becomes necessary because of federal requirements. Where such an audit is called for, the audit
shall be performed by a certified public accountant independent of the Grantee and at the cost of the Grantee.
The audit shall be in the form required by the Division. The Grantee agrees to maintain such records for a
possible audit for a minimum of thirty -five (35) years after final payment, unless a longer period of records
retention is stipulated. The Grantee agrees to allow the auditor(s) access to such records during normal
business hours and to allow interviews of any employees who might reasonably have information related to
such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview
staff in any contract related to performance of this Agreement.
(Gov. Code, § 8546.7; Pub. Contract Code, § 10115 et seq.)
5. BONDING: Where contractors are used, the Grantee shall not authorize construction to begin until each
contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful
performance (100 %) of contract value; labor and materials (100 %) of contract value. This requirement shall
not apply to any contract for less than $25,000.00. (Civ. Code, § 3247 at seq.; Pub. Contract Code, § 7101)
6. CEQA/NEPA:
a. No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental
Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA
process are received by the Grant Manager and the State Water Board has given environmental
clearance. No work that is subject to an Environmental Impact Report or a Mitigated Negative
Declaration may proceed until and unless approved by the Deputy Director of the Division. Such
approval is fully discretionary and shall constitute a condition precedent to any work for which it is
required. Proceeding with work subject to CEQA and /or NEPA without environmental clearance by the
State Water Board shall constitute a bteach of a material provision of this Agreement.
b. If this Project includes modification of a river or stream channel, it must fully mitigate environmental
impacts resulting from the modification. The Grantee must provide documentation that the environmental
impacts resulting from such modification will be fully mitigated considering all of the impacts of the
modification and any mitigation, environmental enhancement, and environmental benefit resulting from
the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any
negative environmental impacts of the Project.
7. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with
and require its contractors and subcontractors to comply with all applicable federal and state laws, rules,
guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the
extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for
the term of this Agreement, or the useful life of the Project, whichever is longer.
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8. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to
ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or
maintenance of computer software in violation of copyright laws.
9. CONFLICT OF INTEREST: The Grantee certifies that it is in compliance with applicable state and /or federal
conflict of interest laws.
10. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except
as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the
Project or any significant part or portion thereof during the useful life of the Project without prior written
approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division,
including a condition requiring repayment of all grant funds or any portion of all remaining grant funds covered
by this Agreement together with accrued interest and any penalty assessments which may be due.
11. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the
provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds,
or if such breach shall result in an obligation on the part of the State to reimburse the federal government by
reason of any arbitrage profits, the Grantee shall immediately reimburse the state in an amount equal to any
damages paid by or loss incurred by the State due to such breach.
12. DATA MANAGEMENT: This Project includes appropriate data management activities so that Project data
can be incorporated into appropriate statewide data systems.
13. DISPUTES: The Grantee shall continue with its responsibilities under this Agreement during any dispute. Any
dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by
the Deputy Director of the Division, or his or her authorized representative. The decision shall be reduced to
writing and a copy thereof furnished to the Grantee and to the State Water Board's Executive Director. The
decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of
the Division decision to the Grantee, the Grantee mails or otherwise furnishes a written appeal of the decision
to the State Water Board's Executive Director. The decision of the State Water Board's Executive Director
shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent,
or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by
substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an
opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute
hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and
requirements of this Agreement. This clause does not preclude consideration of legal questions, provided
that nothing herein shall be construed to make final the decision of the State Water Board, or any official or
representative thereof, on any question of law.
14. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a
minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a
level of expenditure adequate to establish that such funds have not been used in violation of state law or this
Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with
generally accepted accounting principles.
15. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the
State of California.
16. GRANTEE'S RESPONSIBILITY FOR WORK: The Grantee shall be responsible for all work and for persons
or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors,
subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all
disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with
contractors and subcontractors. The State will not mediate disputes between the Grantee and any other
entity concerning responsibility for performance of work.
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17. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts
(including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by
the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has,
been reimbursed by the State under this Agreement.
18. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this
Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water
Board.
19. INSPECTION: The State Water Board, the Bureau of State Audits, or any authorized representative of the
foregoing, shall have suitable access to the Project site at all reasonable times during Project implementation
and thereafter for the life of the Project to ascertain compliance with this Agreement and its goals. The
Grantee acknowledges that the Project records and location are public records.
20. INSURANCE: Throughout the life of the Project, the Grantee shall provide and maintain insurance against
fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to
this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact
business in the State of California. The insurance policy shall contain an endorsement specifying that the
policy will not be cancelled or reduced in coverage without thirty (30) days prior written notice to the State
Water Board. In the event of any damage to or destruction of the Project or any larger system of which it is a
part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the
damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction,
repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and
expenses in connection with such reconstruction, repair or replacement so that the same shall be completed
and the larger system shall be free of all claims and liens.
21. NONDISCRIMINATION:
a. During the performance of this Agreement, the Grantee and its consultants and contractors shall not
unlawfully discriminate, harass, or allow harassment against any employee or applicant for
employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation,
physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over
40), marital status, and denial of family care leave.
b. The Grantee, its consultants, and contractors shall insure that the evaluation and treatment of their
employees and applicants for employment are free from such discrimination and harassment.
C. The Grantee, its consultants, and contractors shall comply with the provisions of the Fair Employment
and Housing Act (.Gov. Code, § 12990 (a -f) et seq.) and the applicable regulations promulgated
thereunder (Cal. Code Regs., tit. 2, § 7285 et sec.), The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code section 12990 (a -f), set forth
in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this
Agreement by reference and made a part hereof as if set forth in full.
d. The Grantee, its consultants, and contractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other Agreement, if any.
e. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement. Failure by the Grantee to carry out these
requirements and applicable requirements of 40 C.F.R. part 33 is a breach of a material provision of
this Agreement which may result in its termination.
22. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies
to, any third party as a beneficiary of this grant Agreement, or of any duty, covenant, obligation or undertaking
established herein.
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23. NOTICE:
a. The Grantee shall notify the State Water Board prior to conducting construction, monitoring,
demonstration, or other implementation activities such that State Water Board and /or Regional Water
Board staff may observe and document such activities.
b. The Grantee shall promptly notify the State Water Board of events or proposed changes that could
affect the scope, budget, or work performed under this Agreement. The Grantee agrees that no
substantial change in the scope of the Project will be undertaken until written notice of the proposed
change has been provided to the State Water Board, and the State Water Board has given written
approval for such change.
C. Discovery of any potential archeological or historical resource. Should a potential archeological or
historical resource be discovered during implementation of the Project, the Grantee agrees that all
work in the area of the find will cease until a qualified archeologist has evaluated the situation and
made recommendations regarding preservation of the resource, and the Division has determined
what actions should be taken to protect and preserve the resource. The Grantee agrees to
implement appropriate actions as directed by the Division.
d. Discovery of any unexpected endangered or threatened species, as defined in the federal or
California Endangered Species Acts. Should a federal or state protected species be unexpectedly
encountered during implementation of the Project, the Grantee agrees to promptly notify the Division.
This notification is in addition to the Grantee's obligations under the federal or state Endangered
Species Acts.
e. The Grantee shall notify the State Water Board at least ten (10) working days prior to any public or
media event publicizing the accomplishments and /or results of this Agreement and provide the
opportunity for attendance and participation by State Water Board's representatives.
f. The Grantee shall promptly notify the State Water Board in writing of completion of work on the
Project.
g. The Grantee shall promptly notify the State Water Board in writing of any cessation of all major
construction work on the Project where such cessation of work is expected to or does extend for a
period of thirty (30) days or more and of any circumstance, combination of circumstances, or
condition, which is expected to or does delay completion of construction for a period of ninety (90)
days or more beyond the estimated date of completion of construction previously provided.
24. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures
constructed or improved as part of the Project throughout the life of the Project, consistent with the purposes
for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities
and structures; the State Water Board shall not be liable for any cost of such maintenance, management or
operation. The Grantee may be excused from operations and maintenance only upon the written approval of
the Grant Manager. For purposes of this Agreement, "operation costs" include direct costs incurred for
material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs"
include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets
and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic
structures.
25. PERMITS, CONTRACTING, AND DEBARMENT: The Grantee shall procure all permits and licenses
necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all
notices necessary and incidental to the due and lawful prosecution of the work. Any contractors, outside
associates, or consultants required by the Grantee in connection with the services covered by this Agreement
shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for
this Agreement, if any, or as are specifically authorized by the State Water Board's Grant Manager during the
performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or
consultants, shall be subject to the prior written approval of the State Water Board's Grant Manager. The
Grantee shall not contract with any party who is debarred or suspended or otherwise excluded from or
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ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and
Suspension." The Grantee shall not contract with any individual or organization on USEPA's List of Violating
Facilities. (40 CFR, Part 31.35; Gov. Code, § 4477) www.epls.gov. The Grantee certifies to the best of its
knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any federal department or Grantee;
b. Have not within a three (3) -year period preceding this Agreement been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract
under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal,
state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification;
and,
d. Have not within a three (3) -year period preceding this application /proposal had one or more public
transactions (federal, state or local) terminated for cause or default.
26. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the
provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to
reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are
being met. The Grantee certifies that it has a Labor Compliance Program (LCP) in place or has contracted
with a third party that has been approved by the Director of the Department of Industrial Relations (DIR) to
operate an LCP pursuant to Labor Code, section 1771.5 and section 16423 of title 8 of the California Code of
Regulations. Current DIR requirements may be found at http: / /www.dir.ca.gov /lcp.asp.
27. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services
under this Agreement where such services are called for. All technical reports required pursuant to this
Agreement that involve planning, investigation, evaluation, or design, or other work requiring interpretation
and proper application of engineering or geologic sciences, shall be prepared by or under the direction of
persons registered to practice in California pursuant to Business and Professions Code, sections 6735, 7835,
and 7835.1. To demonstrate compliance with California Code of Regulations, title 16, sections 415 and 3065,
all technical reports must contain a statement of the qualifications of the responsible registered
professional (s). As required by these laws, completed technical reports must bear the signature(s) and
seal(s) of the registered professionals) in manner such that all work can be clearly attributed to the
professional responsible for the work.
28. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally
accepted accounting principles, the Grantee agrees to:
a. Establish an official file for the Project which shall adequately document all significant actions relative to
the Project;
b. Establish separate accounts which will adequately and accurately depict all amounts received and
expended on this Project, including all grant funds received under this Agreement;
c. Establish separate accounts which will adequately depict all income received which is attributable to the
Project, especially including any income attributable to grant funds disbursed under this Agreement;
d. Establish an accounting system which will adequately depict final total costs of the Project, including both
direct and indirect costs;
e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal
reporting requirements, including any and all reporting requirements under federal tax statutes or
regulations; and,
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f. If a Force Account is used by the Grantee for any phase of the Project, establish an account that
documents all employee hours, and associated tasks charged to the Project per employee.
29. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under
this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water
Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding
any conflicting language in this Agreement, the Grantee agrees to complete the Project funded by this
Agreement or to repay all of the grant funds plus interest.
30. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer
programs, operating manuals, audio and video recordings, notes, and other written or graphic work produced
in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate
and use in whole or in part, any final form data and information received, collected, and developed under this
Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support.
The Grantee shall not utilize the materials for any profit- making venture or sell or grant rights to a third party
who intends to do so.
31. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project
applications, documents, permits, plans and specifications or other Project information by the State Water
Board is for administrative purposes only and does not relieve the Grantee of its responsibility to properly
plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent
permitted by law, the Grantee agrees to indemnify, defend and hold harmless the State Water Board and the
State against any loss or liability arising out of any claim or action brought against the State Water Board
and /or the State from and against any and all losses, claims, damages, liabilities or expenses, of every
conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with
(1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or
about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2)
the carrying out of any of the transactions contemplated by this Agreement or any related document; (3,) any
violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the
Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource
Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water
Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water
Code, section 13304, and any successors to said laws), rule or regulation or the release of any toxic
substance on or near the System; or, (4) any untrue statement or alleged untrue statement of any material
fact or omission or alleged omission to state a material fact necessary to make the statements required to be
stated therein, in light of the circumstances under which they were made, not misleading with respect to any
information provided by the Grantee for use in any disclosure document utilized in connection with any of the
transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to
pay and discharge any judgment or award entered or made against the State Water Board and /or the State
with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The
provisions of this section shall survive the term of this Agreement.
32. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental
environmental projects required by Regional Water Boards.
33. STATE WATER BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy
provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy
available to the State Water Board as a result of breach of this Agreement by the Grantee, whether such
breach occurs before or after completion of the Project, and exercise of any remedy provided by this
Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal
remedy or right which would otherwise be available. In the event of litigation between the parties hereto
arising from this Agreement, it is agreed that each party shall bear its own filing costs and attorney fees.
34. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written
notice at any time prior to completion of the Project, at the option of the State Water Board, upon violation by
the Grantee of any material provision after such violation has been called to the attention of the Grantee and
after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a
reasonable time as established by the State Water Board. In the event of termination, the Grantee agrees,
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upon demand, to immediately repay to the State Water Board an amount equal to the amount of grant funds
disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all
amounts due at the highest legal rate of interest from the date that notice of termination is mailed to /from the
Grantee to the date of full repayment by the Grantee.
35. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the
Project in an expeditious manner.
36. TRAVEL AND PER DIEM: Any reimbursement for necessary travel shall be at rates not to exceed those set
by the Department of Personnel Administration. These rates may be found at_http: / /www.dpa.ca.gov/
personnel - policies /travel /hr- staff.htm. Reimbursement will be at the State travel and per diem amounts that
are current as of the date costs are incurred by the Grantee. No travel outside the State of California shall be
reimbursed unless prior written authorization is obtained from the Grant Manager.
37. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held
to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have
full force and effect and shall not be affected thereby.
38. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions
of this Project begins upon completion of construction and continues until fifty (50) years thereafter for
pipelines and structures and twenty (20) years for all else.
39. VENUE: The State Water Board and the Grantee hereby agree that any action arising out of this Agreement
shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the
United States District Court in and for the Eastern District of California. The Grantee hereby waives any
existing sovereign immunity for the purposes of this Agreement.
40. WAIVER AND RIGHTS OF THE STATE WATER BOARD: Any waiver of rights with respect to a default or
other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights
with respect to any other default or matter. Any rights and remedies of the State provided for in this
Agreement are in addition to any other rights and remedies provided by law.
41. WATERSHED MANAGEMENT PLAN CONSISTENCY: Grantee certifies that any watershed protection
activity undertaken as part of this Project will be consistent with the applicable, adopted, local watershed
management plans and the applicable Water Quality Control Plan (Basin Plan) adopted by a Regional Water
Board, where such plans exist.
42. WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Board may withhold all or any portion of
the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or
threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the
Grantee fails to maintain reasonable progress toward completion of the Project.
City of Newport Beach
State Water Board Grant Agreement No. 10- 414 -550
Page 22 of 22
EXHIBIT D
SPECIAL CONDITIONS
PROPOSITION 84 ASBS GRANT PROGRAM
1. The Grantee certifies that it is one of the following: a city, county, city and county, district.
2. This Grantee hereby warrants and represents that this Project is capable of contributing to sustained,
long -term water quality or environmental restoration or protection benefits for a period of twenty (20)
years.
3. The Grantee certifies that this Project is intended to address the causes of degradation, rather than
symptoms.
4. This Project is consistent with water quality and resource protection plans prepared, implemented, or
adopted by the State Water Board, the applicable Regional Water Board, and the State Coastal
Conservancy.
5. Notwithstanding Exhibit A, the Grantee shall submit a monitoring and reporting plan that will do all of the
following:
a. Identify the nonpoint source or sources of pollution to be prevented or reduced by Project;
b. Describe the baseline water quality or quality of the environment to be addressed;
c. Describe the manner that Project will prevent or reduce pollution and demonstrate desired
environmental results;
d. Describe the monitoring program, including, but not limited to, the methodology, and the
frequency and duration of monitoring; and,
6. Notwithstanding Exhibit A, upon completion of the Project, the Grantee shall submit a report to the State
Water Board that summarizes the completed activities and indicates whether the purposes of the Project
have been met. The report shall include information collected by the recipient in accordance with the
Project monitoring and reporting plan, including a determination of the effectiveness of the Project in
preventing or reducing pollution, and the results of the monitoring program.
7. The Grantee certifies that if a recovery plan for coho salmon, steelhead trout, or other threatened or
endangered aquatic species exists, this Project is consistent with such a plan and, if feasible, implements
actions in such a plan.
8. The Grantee certifies that any real property or interests in real property acquired for this Project shall be
acquired from a willing seller.
9. As part of this Project, the Grantee shall include a monitoring component. The results of this monitoring
component shall be submitted as set forth in Exhibit A, paragraphs A.2.2 & A.2.3 of this Agreement.
10. The Grantee certifies that it is providing a match amount of at least 20 %. Eligible expenses incurred after
November 7, 2006, and prior to the Project completion date, may be applied to the cost match.
11. The Grantee certifies that it has obtained or will obtain all necessary approvals, entitlements, and permits
required to implement the Project. Failure to obtain any necessary approval, entitlement, or permit shall
constitute a breach of a material provision of this Agreement.
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
I Agenda Item No. s
September 14, 2010
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
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FROM: Public Works Department
Robert Stein, Assistant City Engineer
949-644-3322 or rstein@newportbeachca.gov
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SUBJECT: ACCEPT PROPOSITION 84 GRANT FUNDS
ISSUE:
Staff is requesting City Council to adopt a resolution authorizing the Director of Public
Works to review and execute an agreement with the State Water Resource Control
Board (SWRCB) to receive $2,5 million of Proposition 84 funds for projects designed to
decrease adverse impacts to the sensitive marine life areas adjacent to Newport Coast.
RECOMMENDATION:
Authorize the Director of Public Works to review and execute an agreement with the
SWRCB to receive Proposition 84 funding to implement the City's Newport Coast Areas
of Special Biological Significance (ASBS) Protection Implementation Program.
DISCUSSION.
The SWRCB has approved the City's Proposition 84 grant application to fund the
Newport Coast ASBS Protection Implementation Program. Projects under this program
were developed cooperatively with the Irvine Ranch Water District (IRWD) and the
California Department of Parks and Recreation — Crystal Cove State Park. This
program will provide the following funding amounts for these ten tasks/projects:
1. Irrigation Runoff Reduction Program - $755,000 ($300,000)
2. Buck Gully Erosion Control/Wetlands Project -$705,000 ($1,370,000)
3. Shorecliffs Storm Drain Dry-weather Infiltration Gallery- $30,000 ($25,000)
4. Crystal Cove State Park Parking Lot Water Quality Improvements - $349,000
5. Los Trancos Creek - Pond improvement Project - $64,000
6. Pesticide Management Program - $40,000 ($7,500)
7. Program to Reduce Public Trampling of ASBS - $112,000 ($¢o,000)
8. Little Corona Rocky-Intertidal Restoration Pilot Program - $90,000
9. Monitoring Program $125,000
10.ASBS Southern California Bight Collaborative Management Program $230,000
($20,000)
Accept Proposition 84 Grant Funds from the State Water Resources Board
September 14,2010
Page 2
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The italicized dollar figures shown in parenthesis are the match amounts required by
the grant. The total City match funding requirement is about $1.66 million of which 84%
is money spent or encumbered for the Buck Gully Erosion Control/Wetlands Project
slated for construction in September 2011. The remaining City match requirement of
$266,000 would be requested within the City's Capital Improvement Program over a two
year period starting in FYI 1/12.
{ For Task 1, "Irrigation Runoff Reduction Program", the successful partnership
established between IRWD and the City on an earlier Smartimer irrigation controller
i program, will be continued and will target higher volume water-users in the Newport
j Coast area. The $750,000 in grant funding will be matched by $300,000 split between
the City and IRWD. In addition to the grant match, the City, with IRWD assistance, will
be providing in-lieu services for administering the grant tasks.
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This grant provides $705,000 for design and construction of the Buck Gully Erosion
Control/Wetlands Project (Task 2).
Tasks 3 through 8 are all projects that improve water quality or reduce impacts to the
ASBS and helped support our funding request for the Buck Gully Erosion Control
project. Note that Tasks 4 and 5 (Crystal Cove State Park Parking Lot Water Quality
Improvements and Los Trancos Creek - Pond Improvement Project) will be constructed
in the state park and will not require any city match funds.
All water quality related programs now have significant costs associated with pre- and
post-construction monitoring. The Task 9 "Monitoring Program" will help defray some of
the City's monitoring responsibilities in Newport Coast and the ASBS.
Task 10, "ASBS Southern California Bight Collaborative Management Program" will set
in motion a plan to attract long-term funding for ASBS protection in concert with our
ASBS agency partners in Los Angeles, Orange, and San Diego counties.
The City is in discussions with the SWRCB for the exact scope of work to be performed.
Once finalized, this scope of work will be inserted into the SWRCB's boilerplate
agreement. As approved by City Council, the Director of Public Works will review the
agreement with the City Attorney and then sign the approved document.
ENVIRONMENTAL REVIEW:
No environmental review is required for receiving the grant funds. Several projects will
require environmental review.
Accept Proposition 84 Grant Funds from the State Water Resources Board
September 14,2010
Page 3
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PUBLIC NOTICE:
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Agency and community partners were consulted in the preparation of the grant
application.
FUNDING AVAILABILITY:
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The majority of the required matching grant funds are already budgeted in the current
Lower Buck Gully Stablization Project. Na additional funds will be requested for this
fiscal year. Staff will be requesting an additional $266,000 of General Funds over two
fiscal years, starting in FY11/12, to satisfy the City's match fund requirements.
f
Prepared by: Submitted by:
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4 Robert SteintepG�rks
dum
Assistant City Engineer Pub irectar
Attachment: R6solution 2010-
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a
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RESOLUTION NO.2010-
A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
i NEWPORT BEACH TO ACCEPT PROPOSITION 84 FUNDS
FROM THE STATE WATER RESOURCES CONTROL BOARD
WHEREAS, The State Water Resources Control Board (State Water Board) has
determined that the City of Newport Beach (City) is eligible to receive funds from the
Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal
Protection Bond Act of 2006 (Proposition 84) Clean Beaches Program;
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WHEREAS, The City will use these funds for the Newport Coast Areas of
Special Biological Significance (ASBS) Protection Implementation Program, a project
designed to comply with the discharge prohibition into ASBS contained in the California
Ocean Plan eligible project costs;
WHEREAS, The City is authorized to enter into a financial assistance
agreement with the State of California and the State Water Board;
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of
Newport Beach hereby:
• Authorizes the Public Works Director or designee to enter into a financial
assistance agreement with the State Water Board for the Newport Coast ASBS
Protection Implementation Program;
• Authorizes the Public Works Director or designee to execute any financial
assistance agreements, amendments, invoices, or any other documents related
to or required for the administration of said agreement;
• Agrees and further does authorize the Public Works Director to certify that the
City has and will comply with all applicable federal and state statutory and
regulatory requirements related to any financial assistance funds received;
Agrees and further does authorize the Public Works Director to certify that all
financial assistance received from the State Water Board for the Newport Coast
ASBS Protection Implementation Program shall only be used for "reimbursable
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costs" as defined in the Proposition 84 Areas of Special Biological Significance
Grant Program Guidelines, adopted by the State Water Board on April 1, 2008.
ADOPTED BY THE CITY COUNCIL on the day of 2010.
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Mayor
I ATTEST:
City Clerk
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