HomeMy WebLinkAboutAGMT - California Coastal CommissionGCC -1015
CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly
authorized to legally bind the prospective Grantee to the clause(s) listed below. This
certification is made under the laws of the State of California.
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GRANTEE CERTIFICATION CLAUSES
1. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the
nondiscrimination program requirements. (Gov. Code § 12990 (a) -(f) and CCR, Title 2,
Section 8103) (Not applicable to public entities.)
2. DRUG -FREE WORKPLACE REQUIREMENTS: Grantee will comply with the
requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free
workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specify actions
to be taken against employees for violations.
b. Establish a Drug -Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug -free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug -free workplace policy statement; and,
2) agree to abide by the terms of the company's statement as a condition of employment
on the Agreement.
Failure to comply with these requirements may result in suspension of payments under
the Agreement or termination of the Agreement or both and Grantee may be ineligible for
award of any future State agreements if the Coastal Commission determines that any of
the following has occurred: the Grantee has made false certification, or violated the
certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et
seq.)
3. EXPATRIATE CORPORATIONS: Grantee hereby declares that it is not an expatriate
corporation -or- subsidiary -of an.expatriate_corporation within_the.meaning,oEP_ublic
Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of
California.
4. DOMESTIC PARTNERS: For grant agreements over $100,000 executed or amended
after January 1, 2007, the Grantee certifies that Grantee is in compliance with Public
Contract Code section 10295.3.
5. CONFLICT OF INTEREST: Grantee needs to be aware of and comply with the
following provisions regarding current or former state employees as if they are fully
applicable to the present grant agreement. If Grantee has any questions on the status of
any person rendering services or involved with the Agreement, the awarding agency must
be contacted immediately for clarification.
Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from
which the officer or employee receives compensation or has a financial interest and
which is sponsored or funded by any state agency, unless the employment, activity or
enterprise is required as a condition of regular state employment. 2). No officer or
employee shall contract on his or her own behalf as an independent contractor with any
state agency to provide goods or services.
Former State Employees (Pub. Contract Code §10411):
1). For the two -year period from the date he or she left state employment, no former state
officer or employee may enter into an agreement in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision- making
process relevant to the agreement while employed in any capacity by any state agency.
2). For the twelve -month period from the date he or she left state employment, no former
state officer or employee may enter into an agreement with any state agency if he or she
was employed by that state agency in a policy- making position in the same general
subject area as the proposed agreement within the 12 -month period prior to his or her
leaving state service.
If Grantee violates any provisions of above paragraphs, such action by Grantee shall
render this Agreement void. (Pub. Contract Code § 10420)
Members of boards and commissions are exempt from this section if they do not receive
payment other than payment of each meeting of the board or commission, payment for
preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e))
6. LABOR CODE /WORKERS' COMPENSATION: Grantee needs to be aware of the
provisions which require every employer to be insured against liability for Worker's
Compensation or to undertake self- insurance in accordance with the provisions, and
Grantee affirms to comply with such provisions before commencing the performance of
the work of this Agreement. (Labor Code Section 3700.)
7. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies
with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination
on the basis of disability, as well as all applicable regulations and guidelines issued
pursuant to the ADA. (42 U.S.C. 12101 et seq.)
8. GRANTEE NAME CHANGE: An amendment is required to change the Grantee's
name as listed on this Agreement. Upon receipt of legal documentation of the name
change the State will process the amendment. Payment of invoices presented with a new
name cannot be paid prior to approval of said amendment.
9. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the Coastal
Commission will be verifying that the Grantee is currently qualified to do business in
California in order to ensure that all obligations due to the state are fulfilled.
b. "Doing business" is defined in R &TC Section 23101 as actively engaging in any
transaction for the purpose of financial or pecuniary gain or profit. Although there are
some statutory exceptions to taxation, rarely will a corporate Grantee performing within
the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must
be in good standing in order to be qualified to do business in California. The Coastal
Commission will determine whether a corporation is in good standing by calling the
Office of the Secretary of State.
10. LOCAL GOVERNMENT RESOLUTION: A county, city, district, or other local
public body must provide the State with a copy of a resolution, order, motion, or
ordinance of the local governing body which by law has authority to enter into an
agreement, authorizing execution of the agreement.
11. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the Grantee
shall not be: (1) in violation of any order or resolution not subject to review promulgated
by the State Air Resources Board or an air pollution control district; (2) subject to cease
and desist order not subject to review issued pursuant to Section 13301 of the Water
Code for violation of waste discharge requirements or discharge prohibitions; or (3)
finally determined to be in violation of provisions of federal law relating to air or water
pollution.
12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all
Grantees that are not another state agency or other governmental entity.
STANDARD GRANT AGREEMENT
(Rev 03/15)
AGREEMENT NUMBER
LCP -17 -01
FEDERAL ID NUMBER
95- 6000794
1.
This Agreement is entered into between the State Agency and the Grantee named below:
STATE AGENCYS NAME
California Coastal Commission
GRANTEE'S NAME
City of Seal Beach
2.
The term of this Upon Grant Execution
Agreement is Or 10/10/2017 through 07/31/2019 (the "Termination Date ")
3.
The maximum amount $200,000.00
of this Agreement is: Two Hundred Thousand Dollars and Zero 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
13 pages
Exhibit C — Budget Detail and Payment Provisions
2 pages
Exhibit D — General Terms and Conditions
4 pages
Check mark one item below as Exhibit E:
M Exhibit E - Special Terms and Conditions
11 pages
Items shown with an Asterisk (`), are hereby incorporated by reference and made part of this agreement as if attached hereto.
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.)
City of Seal Beach
BY (Authorize+Signature DATE
Qil l , _ �Yl(illrn la
PRINIE NA E AND TITLE OF PERSON-SI
fill R. V gram, City Manager
ADDRESS
211 8 °i Street
Seal Beach, CA 90740
STATE OF CALIFORNIA
AGENCY NAME
California Cgastal Commission
California Department of General
services Use Only
® I, the Chief Deputy Director of the
nor ryp�) California Coastal Commission, certify that
this agreement is exempt. from Department
—) of General Services' approval.
nw type)
PRINTED AME h1D TITLE OF PERSON SIGNING 7�
Susan soh, Chief Deputy Director
ADDRESS
45 Fremont Street, Suite 2000, San Francisco, CA 94105
STANDARD GRANT AGREEMENT
(Rev 03/15)
AGREEMENT NUMBER
LCP -17 -01
FEDERAL ID NUMBER
95- 6000794
1.
This Agreement is entered into between the State Agency and the Grantee named below:
STATE AGENCYS NAME
California Coastal Commission
GRANTEE'S NAME
City of Seal Beach
2.
The term of this Upon Grant Execution
Agreement is: Or 10/10/2017 through 07/31/2019 (the "Termination Date ")
3.
The maximum amount $200,000.00
of this Agreement is: Two Hundred Thousand Dollars and Zero 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
13 pages
Exhibit C — Budget Detail and Payment Provisions
2 pages
Exhibit D — General Terms and Conditions
4 pages
Check mark one item below as Exhibit E:
® Exhibit E - Special Terms and Conditions
11 pages
Items shown with an Asterisk ( *), are hereby incorporated by reference and made part of this agreement as if attached hereto.
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.)
City of Seal Beach
BY (Aulhorired SS \1G/��aturre)! DATE
� <
PRL4'FEC NAM AND ITLE OF PERSM SIG ING
Jilt lk, ngra ity Manager
211 8`I' Street
Seal Beach, CA 90740
California Department General
Services Use Only
® I, the Chief Deputy Director of the
0'P�) California Coastal Commission, certify that
this agreement is exempt from Department
of General Services' approval.
STATE OF CALIFORNIA II
NAME
California _ -�
Califo Coastal Con�nission
BY (AUfhorizeQS gAatu,a) %J DATE SIGNED /Do nni mnc�
PRINTED N E D yffEEPp PERSON SIGNING
Susan M. Ha sch, Chief Deputy Director
ADDRESS
45 Fremont Street, Suite 2000, San Francisco, CA 94105
City of Seal Beach
LCP -17 -01
Page 2 of 3
EXHIBIT A
14. 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 several provisions of state law,
and is the rate that is used for purposes of this Agreement.' The current rate is
available at: http://www.treasurer.ca.gov/pmia-laif/pmib-program.asp.
15. The term "Project" means the activity described under the Scope of Work, attached
as Exhibit B1, to be accomplished with Grant Funds.
16. 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 material costs of completing each component of the
Project. The Project Budget shall contain itemized amounts 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.
17. The term "Public Agency" means any State of California department or agency,
county, city, public district or public agency formed under California law.
18. 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.
19. The term "Round 1" refers to the Commission's first round of LCP grant funding that
commenced in Fiscal Year 2013 -2014 under the Local Coastal Program Local
Assistance Grant Program.
20. The term "Round 2" refers to the Commission's second round of LCP grant funding
that commenced in Fiscal Year 2014 -2015 under the Local Coastal Program Local
Assistance Grant Program.
21. The term "Round 3" refers to the Commission's third and current round of LCP grant
funding that commenced in Fiscal Year 2016 -2017 under the Local Coastal Program
Local Assistance Grant Program.
Umbach and Moller 2001. Available. http. / /www.umbachconsiilting. can ldisciissionICa,5hort7'erm.pdf Accessed 19
September 2014.
City of Seal Beach
LCP -17 -01
Page 3 of 3
EXHIBIT A
22. The term "Scope of Work" refers to Exhibit B, including the approved Work Plan,
Project Schedule, and Project Budget.
23. The term "Sea Level Rise Guidance" refers to the Coastal Commission's sea level
rise guidance document adopted in August 2015. 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.
24. The term "Conservancy" refers to the State Coastal Conservancy.
25. The term "T emnination 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.
26. The term "Work Plan" means the description of tasks and related work to be
accomplished by the Project.
EXHIBIT B1
SCOPE OF WORK
City of Seal Beach
LCP -17 -01
Page 1 of 13
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 Seal Beach
Name:
Name:
Madeline Cavalieri
Jill R. Ingram
Address:
Address:
45 Fremont Street, Suite 2000
211 8th Street
San Francisco, CA 94105 -2219
Seal Beach, CA 90740
Phone: (831)- 427 -4890
Phone: 562) 431 -2527 x1300
Fax: (415 ) 904 -5400
Fax:
3. Direct all inquiries to:
State Agency:
Grantee:
California Coastal Commission
City of Seal Beach
Section /Unit: Statewide Planning
Section /Unit: Community Devel. Dept.
Name:
Name:
-Kelsey Ducklow
Crystal Landavazo
Address:
Address:
45 Fremont Street, Suite 2000
211 8th Street
San Francisco, CA 94105 -2219
Seal Beach, CA 90740
Phone: 415) 904 -2235
Phone: 562) 431 -2527 x1324
Fax: 415) 904 -5400
Fax:
City of Seal Beach
LCP -17 -01
Page 2 of 13
EXHIBIT B1
Project Work Plan, Schedule, and Budget
Local-Ju risdi ction:- City -of -Sea
Project Name: Seal Beach Local Coastal Program
Grantee Contact Information
Person Authorized to sign grant agreement and any amendments:
Jill R. Ingram
City Manager
2118.. Street
(562) 431-2527x1300
jingram @sealbeachca.gov
Main Project Manager /Point of Contact:
Crystal Landavozo
Interim Community Development Director
2118 th Street
(562) 431 -2527 x1324
clandovuzo@sealbeochco.gov
Federal Employer Identification Number: 95- 6000794
Budget Summary:
CCC funding: $200,000
Other funding: $100,308.50
Total project cost: $300,308.50
Term of Project: 10110117 or Upon Grant Agreement Execution —July 31, 2019
A. PROJECT DESCRIPTION
The City of Seal Beach will utilize the assistance of a consultant to prepare a Local Coastal
Program that builds off of a prior draft LUP that was never certified, including the
incorporation of policies to address issues that have emerged since that draft LUP. The LCP
will also incorporate sea level rise adaptation policies that reflect the findings of a sea level
rise vulnerability assessment prepared as part of this grant effort. The City will coordinate
with Coastal Commission staff throughout the process so that the document results in a Local
Coastal Program that can be certified by the California Coastal Commission. The City of Seal
Beach will incorporate public outreach as well as lessons learned to develop a Local Coastal
Program that complies with the Coastal Act and is accepted by the community.
LW2011 -31111i41
B. TASKS
City of Seal Beach
LCP -17 -01
Page 3 of 13
1. Task 1 — Project Kick -Off and Define Scope — The City's project team will meet with the
consultant to refine the scope of work and confirm the project timeline. The consultant
will be provided with goals and a clear approach for the development of the Local Coastal
Program (LCP). City staff will coordinate with the consultant to identify the parameters of
any new analysis and objectives for development and resource conservation. The
consultant will review and organize all existing technical studies, prior LCP drafts, pending
projects, and all relevant planning and policy documents that will be provided by the City
for the purpose of establishing a "baseline" draft Land Use Plan (LUP) that will be
developed and updated into a full LCP (both a Land Use Plan and Implementation Plan).
i. Sub -Task 1.1 — Kick -Off Meeting & Consultant Field Visit /Tour
ii. Sub -Task 1.2 — Meet with Coastal Commission staff to Refine Scope and Goals
iii. Sub -Task 1.3 — Technical Analysis Sub -Task 1.4 — Collect & Review City Data
iv. Deliverables: Kick -Off Meeting Agenda, Notes, and Roster; Final Scope of Work;
Technical Analysis
2. Task 2 — Consultation with Coastal Commission Staff —Soon after the initial kick -off
meeting, the consultant will set up one or two meetings with Coastal Commission staff to
discuss the scope and effort of the Seal Beach Local Coastal Program. The meeting will
focus on identifying primary coastal resources, specific planning issues, document format,
and other issues essential to begin development of the Seal Beach Local Coastal Program.
The goal of these meetings will be to address past comments and concerns from prior
draft LCPs and reach an agreement between City staff and Coastal Commission staff on
the current scope, goals, and expectations of the LCP. Additional meetings with
Commission Staff will be funded by the City and held as necessary to ensure that
communication is maintained and all concerns can be addressed throughout the LCP
development process.
i. Task 2.1 — Prepare an agenda identifying past comments and current goals, and
hold kick -off meeting with CCC staff
ii. Task 2.2 —Ongoing meetings with Coastal Commission Staff
iii. Deliverables: Meeting Summaries and Recommendations
3. Task 3 — Community Outreach Program — The City intends to involve the public
throughout the Local Coastal Plan development process to ensure that the community is
informed of the LCP effort and have an opportunity to participate. City staff will meet
with the consultant to discuss past outreach efforts, key stakeholders, and goals for the
project. The meeting is intended to identify the.depth of strategy and outreach options
that will be implemented throughout the project schedule. Several community
participation strategies are anticipated throughout the project, these will likely include a
City of Seal Beach
LCP -17 -01
Page 4 of 13
EXHIBIT B1
mix of stakeholder interviews, community workshops, media outreach, emails, and a
project webpage on the City's website.
i. Task 3.1— Develop Outreach Plan
ii. Task 3.2— Stakeholder interviews
iii. Task 3.3 — Community Workshops and emails (including workshops focusing on
sea level rise and adaptation strategies).
iv. Task 3.4 — Planning Commission Study Sessions (2)
v. Task 3.5 — City Council Study Sessions (2)
vi. Deliverables: Outreach Plan; Stakeholder interview summaries; Community
Workshop Materials (e.g. Flyers, Brochures, sign -up sheets) and Public Comment
Summaries; Project Website; Materials for Planning Commission Study Sessions
and Citv Council Study Sessions (e.g. agendas, rosters, meeting nntes)
4. Task 4 — Sea Level Rise Assessment — The consultant will be tasked with using the best
available science on sea level rise, such as the USGS Coastal Storm Modeling System 3.0
(CoSMoS), the State of California Adaptation Planning Guide, California Energy
Commission Cal -Adapt Web Portal, and Pacific Institute Sea Level Rise GIS layers, along
with the Commission's Sea Level Rise Policy Guidance document and the Natural
Resources Agency's Safeguarding California Plan for Reducing Climate Risk to complete an
analysis of potential sea -level rise risk in the coastal zone.
The following work approach is based on the recommendations provided in Chapter 5 of
the California Coastal Commission Sea Level Rise Policy Guidance, adopted August 12,
2015. The basic steps of the sea level rise assessment are summarized below and include
1) identify and map sea level rise hazards, 2) assess the vulnerability of development and
resources in the coastal zone, and 3) develop adaptation policies and programs to
minimize the adverse impacts associated with sea level rise.
Sea Level Rise Hazard Analysis. The City has a history of coastal flooding when large storm
waves coincide with high water levels, and sea level rise is expected to increase the
frequency and severity of these types of events. Coastal hazards during storm conditions
and non -storm conditions will be evaluated for three sea level rise scenarios of 50 cm (1.6
feet), 100 cm (3.3 feet) and 150 cm (4.9 feet). These three scenarios cover most of the sea
level rise projections out to 2100 and provide a basis for understanding how hazards and
vulnerabilities change with each increment of sea level rise. The results of the coastal
hazards analysis will be compiled and mapped within the ArcGIS platform for each
scenario. The proposed analysis provides a realistic forecast for planning purposes.
Additional analysis scenarios, if requested, will require augmentation to the scope and
budget.
The following sea level rise related coastal hazards will be evaluated in the LCP.
• Coastal storm related flooding and erosion will be evaluated using results from the
Coastal Storm Modeling System (CoSMoS) 3.0 published by USGS.
City of Seal Beach
LCP -17 -01
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EXHIBIT B1
• Verify potential connections to the adjacent water bodies of Anaheim Bay and the
San Gabriel River to ascertain whether CoSMoS predictions are correct for certain
areas.
• Nearshore wave transformation profiles will be developed to evaluate the Seal
Beach Municipal Pier's exposure to sea level rise.
• Non -storm related flooding will be evaluated by comparing high water levels, such
as a "king tide" events with existing topography in the City.
• Beach width changes due to sea level rise will be evaluated using an empirical
method such as the modified Bruun rule or through the CoSMoS 3.0 modeling
effort.
• The effectiveness of sediment management activities such as winter dike building,
sand backpassing, and beach nourishment will be evaluated using empirical
methods for wave runup and overtopping.
Vulnerability Assessment. The coastal hazard maps prepared for each sea level rise
scenario will be compared with the City's resource database to evaluate potential sea
level rise impacts on infrastructure, development and coastal resources, including beach
access, in the LCP planning area. The resource database will be compiled using available
information from the City's inventory of parcels, critical infrastructure, assets and coastal
resources. The vulnerability assessment approach will be consistent with the Coastal
Commission's Sea Level Rise Policy Guidance. The vulnerability of an asset or resource will
depend on factors such as exposure to sea level rise hazards, sensitivity to hazards and
adaptive capacity. Results of the vulnerability assessment will inform preparation of the
LCP by identifying "impact thresholds" at which significant planning areas, assets or
coastal resources could be impacted by sea level rise. The consequence of the identified
impacts will also inform the policies and programs of the LCP to minimize risk to
important infrastructure, basic services and valuable resources, including public beach
access. The vulnerabilities and the consequences identified in this assessment will help
prioritize planning efforts to account for the urgency (time horizon) of each impact, and
the importance of each impact on the community and resources.
Adaptation Measures. Once the vulnerabilities and consequences have been identified
and prioritized, a list of adaptation strategies will be developed to minimize impacts on
assets and resources from sea level rise related hazards. The list of potential adaptation
measures will provide a starting point for development of policies and programs of the
LCP. Adaptation strategies will include planning level measures, policy level measures and
also specific project measures in an effort to improve resilience to sea level rise hazards.
Both near -term and long -term strategies will be developed to build adaptive capacity into
the City's important assets and resources. Planning level efforts may include sea level rise
hazard overlay maps, public outreach and education. Policy level measures may include
land use or zoning regulations aimed at minimizing risk to existing and future
development. Project level measures will consider strategies such as accommodation,
City of Seal Beach
LCP -17 -01
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EXHIBIT B1
protection and retreat and evaluate the effectiveness of sediment management
measures such as beach nourishment, sand backpassing and winter dike building.
i. Task 4.1 —Sea Level Rise Hazard Analysis: Collect & Review Sea -Level Rise data
ii. Task 4.2 — Assess Existing Conditions & Sensitivities and prepare Draft
Vulnerability Assessment
iii. Task 4.3 — Provide coordination with Coastal Commission staff and other
stakeholders and revise and finalize the Vulnerability Assessment based on
stakeholder input
iv. Task 4.4 — Provide draft LCP Policy Recommendations and list of potential
Adaptation Measures
v. Task 4.5 — Provide coordination with Coastal Commission staff and other
stakeholders receive input on draft Adaptation Measures
vi. Deliverables: Sea Level Rise Hazard Analysis and Vulnerability Assessment; and
Draft Adaptation Measures
5. Task 5 — Prepare Seal Beach LCP Drafts and Maps —The consultant will continue reviewing
and organizing all relevant data collected from the initial kick -off meeting with City statt
and early consultation with Coastal Commission Staff, by integrating data from the sea -
level rise assessment, updated issues assessment, and public outreach efforts into the
prior draft LUP. The consultant will update the City's prior draft LUP in order to focus on
the City's goals of focusing on redevelopment opportunities, providing adequate public
services, addressing sea level rise and coastal hazards, protecting biological resources,
providing better connections between the beach areas and the downtown, maximizing
coastal access and recreation, and enhancing bicycle, pedestrian, and alternative public
transit circulation.
The updated draft LUP will initially require the development of a policy framework that
involves a programmatic inventory of biological and wetland resources using graphics,
tables, and matrices. The policy framework will be provided to Coastal Commission staff
for review and approval before moving forward with the draft LUP. Additionally, the
consultant will prepare GIS base maps of the Coastal area to show land uses and
resources within the coastal zone. The overall LCP document will reflect and incorporate
recommendations from current Coastal Commission guidance documents. The consultant
team will research and incorporate best practice approaches to key LCP issues and policy,
including lower cost visitor serving accommodations, visitor serving and coastal
dependent land uses, public access, beach use and special events, and other subjects as
locally appropriate. A series of "Issue Memos' will be developed over time for key issues
and policy points, outlining local research data, issues, constraints, and potential policy
resolutions.
A Coastal Implementation Plan (IP) will be prepared as part of the draft LCP for review
and incorporation into the Final LCP. Comments from a prior draft LCP indicated all
development regulations from existing Specific Plans within the coastal zone must be
City of Seal Beach
LCP -17 -01
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EXHIBIT B1
specifically incorporated into the implementation plan, not by reference, if the City
intends for these Specific Plans to be part of the standard of review for coastal
development permits issued by the City. The consultant will ensure that these land use
and development policies and regulations are incorporated, as appropriate, so the LCP
can be certified as a stand -alone document. Additionally, the Implementation Plan will
establish a Coastal Development Permit Ordinance that identifies policies, standards, and
procedures for processing coastal development permits at the local level following
certification of the LCP.
i. Task 5.1 — Continue to Review and Organize all data and summary reports
ii. Task 5.2 — City staff to meet with Consultant to discuss approach and framework
iii. Task 5.3 — Submit framework to Coastal Commission for review
iv. Task 5.4 — Prepare GIS Base maps
v. Task 5.5 — Develop Draft LUP and Incorporate Specific Plans, as appropriate
vi. Task 5.6 — Develop Coastal Implementation Plan
vii. Task 5.7 — Provide coordination with Coastal Commission staff throughout the
process, ensuring iterative review of draft documents prior to local adoption
hearings
viii. Task 5.8 Revise and finalize LCP, coordinating with CCC staff as necessary
ix. Deliverables: Policy Framework, GIS Base maps, technical studies (e.g. parking,
biological resources, etc.), Draft Land Use Plan, Draft Coastal Implementation Plan
6. Task 6 — Local Adoption and preparation of Final LCP — The City and consultant will
prepare for and attend Planning Commission and City Council adoption hearings. The
consultant will prepare a Final Local Coastal Program that is reflective of any changes that
result from the public hearing and local adoption process.
i. Task 6.1 — Prepare for and attend Planning Commission and City Council adoption
hearings
ii. Task 6.2 — Provide summary of public comment and required changes
iii. Task 6.3 — Incorporate changes and prepare Final LCP
iv. Deliverables: Public Comment Summary, Final LCP
7, Task 7— Submit LCP to Coastal Commission —The consultant will be tasked with preparing
the Final LCP for submittal to the Coastal Commission for review and certification. The
consultant will prepare an application to be accompanied by a summary of measures
taken to consult and coordinate with contiguous agencies, listing of participants
appearing at meetings hearings, copies or summaries of significant copies received, all
final documents and maps, a methodology demonstrating Coastal Act conformity, all
environmental review documents, and a complete Implementation Plan and LCP showing
all proposed zoning measures and implementation. The City is prepared to meet with
City of Seal Beach
LCP -17 -01
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EXHIBIT B1
Coastal Commission staff at any time during the preparation and review of the LCP
Application Package.
.1 - Prepare Coastal Commission Application
ii. Task 7.2 - Prepare and compile all requirements of Coastal Act Section 13519
iii. Deliverables: Coastal Commission LCP Application Package
8. Post -Grant Term - Coastal Commission Hearings - The consultant will provide limited
technical support to assist the City throughaut file review and certification process. The
consultant will only attend Coastal Commission hearings with staff as necessary in order
to facilitate any questic„s raised by the Commission.
i. Task 8.1 - Attend Coastal Commission hearings
Task 8.2 - Modify LCP text as needed and complete local hearings if necessary to address
e.uggested modificatic ns
City of Seal Beach
LCP -17 -01
Page 9 of 13
C. SCHEDULE
Project start /end dates: 10/10/17 or Upon Grant Agreement Execution —July 31, 2019
Task 1. Project Kick -Off & Define Scope
Begin date:
2/1/2017 . End Date:,,
11/30/2017
1.1 Kick -Off Meeting & Consultant Field
Visit /Tour
Begin date:
2/1/2017 End Date: 2/28/2017
1.2 Meet with CCC Staff to Refine Scope /Goals
Begin date:
11/1/2017 End Date:
11/30/2017
1.3 Technical Analysis
Begin date:
3/1/2017 End Date:
12/31/2017
1.4 Collect and Review City Data
Begin date:
3/1/2017 End Date:
12/31/2017
Deliverables: Kick -Off Meeting Agenda, Notes,
and Roster; Final Scope of Work; Technical
Completion
Date: 12/31/2017
Analysis
Task 2. Consultation with CCC Staff
Begin date:
10 /10/2017 End Date:
7/31/2019
2.1 Prepare Agenda w /past comments & current
Begin date:
10/10/2017 End Date:
goals and hold kick -off meeting with CCC staff
11/30/2017
2.2 Ongoing meetings with Coastal Commission
Begin date:
1/1/2017 End Date: 7/31/2019
Staff
Deliverables: Meeting Summaries &
Completion
Date: 11/30/2017 & 7/31/2019
Recommendations
Task 3. Community Outreach Program
.Begin date:
11/1/2017. 'End bate: 7/31/2019
3.1 Develop Outreach Plan
Begin date:
11/1/2017 End Date: 7/31/2018
3.2 Stakeholder Interviews
Begin date:
11/1/2017 End Date: 12/31/2017
3.3 Community Workshops and emails
Begin date:
11/1/2017 End Date: 7/31/2019
3.4 Planning Commission Sessions (2)
Begin date:
8/1/2018 End Date: 9/30/2018
3.5 City Council Study Sessions (2)
Begin date:
10/1/2018 End Date: 11/30/2018
Deliverables: Outreach Plan; Stakeholder
Interview summaries; Community Workshop
Materials (e.g. Flyers, Brochures, sign -up sheets)
and Public Comment Summaries; Project web
Completion
Date: 12/31/2018
page; Materials for Planning Commission Study
Sessions and City Council Study Sessions (e.g.
agendas, rosters, meeting notes)
Task 4. Sea Level Rise Assessment
Begin date:
7/1/2017 End Date: 4/30/2018
4.1 Sea Level Rise Hazard Analysis: Collect &
Begin date:
7/1/2017 End Date: 1/31/2018
Review Sea -Level Rise data
4.2 Assess Existing Conditions & Sensitivities and
prepare Draft Vulnerability Assessment
Begin date:
7/1/2017 End Date: 1/31/2018
4.3 Coordination with Coastal Commission staff
and other stakeholders and revise and finalize
the Vulnerability Assessment based on
Begin date:
1/31/2018 End Date: 2/28/2018
stakeholder input
4.4 Create Draft Policy Recommendation/
Potential Adaptation Measures
Begin date:
12/1/2017 End Date: 4/28/2018
City of Seal Beach
LCP -17 -01
Page 10 of 13
EXHIBIT B1
4.5 Provide coordination with Coastal
Commission staff and other stakeholders and
Begin date:_2/28/2018_End-Date:_3/31/2018_-
revise Adaptation Measures based on
stakeholder input
Deliverables: Sea Level Rise Assessment (Sea
Level Rise Hazard Analysis, Vulnerability
Completion Date: 4/30/2018
Assessment; and Draft Adaptation Measures )
Task S. Prepare Seal Beach LCP Drafts &,Maps
Begin date: 7/1/2017 End Date: 12/31/2018
5.1 Continue to Review & Organize all Data &
Summary Reports
Begin date: 7/1/2017 End Date: 1/31/2018
5.2 Coordinate Policy Framework with City Staff
and Consultant
Q ., d t ' /' "^' ° End Date.
egi„ a e: �, ,� 1� a«. 4/30/2018
5.3 Submit Framework to Coastal Staff for
Review
Begin date: 2/1/2018 End Date: 4/30/2018
5.4 Prepare CIS Basemaps
Begin date: 11/1/2017 End Date: 1/31/2018
5.5 Develop Draft LUP and Incorporate Specific
Plans as appropriate
Begin date: 12/1J2017 End Date: 6/30/2018
5.6 Develop Draft Implementation Plan
Begin date: 2/1/2018 End Date:7/31/2018
5.7— Coordination with Coastal Commission
staff to review draft documents prior to local
Begin date: 2/1/2018 End Date: 7/31/2018
adoption hearings
5.8 Revise and finalize LCP, coordinating with
CCC staff as necessary
Begin date: 9/11/2018 End Date: 12/31/2018
Deliverables: Policy Framework, GIS Basemaps,
technical studies (e.g. parking, biological
resources, etc.), Draft Land Use Plan, Draft
Completion Date: 12/31/2018
Coastal Implementation Plan
Task 6. Local Adoption and preparation of, Final
Local Coastal Program -
Begin date:'` i %1%2019 End'Date:6 /30/2019
6.1— Prepare for and attend Planning
Commission and City Council adoption hearings
Begin date: 1/1/2019 End Date: 6/30/2019
6.2 Provide Public Comments Summary &
Changes
Begin date: 2/1/2019 End Date: 5/31/2019
6.3 Incorporate Changes & Prepare Final LCP
Begin date: 4/1/2019 End Date: 5/31/2019
Deliverables: Public Comment Summary, Final
LCP
Completion Date: 6/30/2019
Task 7. Submit LCP to Coastal Commission
Begin date: 4/1/2019 1 End Date: 7/31/2019
7.1 Prepare Coastal Commission Application
Begin date: 4/1/2019 End Date: 7 /31/2019
7.2 Prepare & Compile Requirements of Coastal
Act Section 13519
Begin date: 4/1/2019 End Date: 7/31/2019
Deliverables: Coastal Commission LCP
Application Package
Completion Date: 7 /31/2019
Task 8, Post -Grant Term — Hearings
8.i Attend Coastal Commission hearings
TED, post -grant
8.2 Modify LCP text as needed and complete
local hearings if necessary to address suggested
TED, post -grant
modifications
City of Seal Beach
LCP -17 -01
Page 11 of 13
EXHIBIT B1
D. BENCHMARK SCHEDULE
ACTIVITY
COMPLETION DATE
Final Scope of Work
Completion Date:
12/31/17
Complete Outreach Plan
Completion Date:
11/1/17
Sea Level Rise Vulnerability Assessment
Completion Date:
4/30/2018
LCP Policy Framework submitted to Coastal Staff
Completion Date:
4/30/2018
Draft Implementation Plan
Completion Date:
7/31/2018
Draft Land Use Plan
Completion Date:
6/30/2018
Summary of Public Comments from Draft LCP
Review
Completion Date:
6/30/2019
City Council Approval of Draft LCP
Completion Date:
6/30/2019
Submit Coastal Commission LCP Application
Packet
Completion Date:
7/31/2019
EXHIBIT 61
E. BUDGET
City of Seal Beach
LCP -17 -01
Page 12 of 13
Amount requested should include total for salary and benefits.
] Travel reimbursement rates are the same as similarly situated state emplovees.
4 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable
laws.
CCCGrant
"'Other- Funds ---
Match/
-Total•(LCPGrant-
Total
(City of Seal
(City of Seal
Funds + Match/
Beach)
Beach)
Other. Funds)
- LABOR COSTSZ
County /City Staff Labor
Task 1
$0.00
$0.00
$3,198.60
$3,198.60
Tack 7
1 $0.00
$0.00
$4,517.10
$4,517.10
Task 3
$0.00
$0.00
$4,517.10
$4,517.10
Task 4
$0.00
I $0.00
$4,197.60
$4,197.60
Task 5
$0.00
$0.00
$3,878.10
'$3,878.10
Task 6
$0:00
$0.00
$0.00
$0.00
Task 7
$0.00
$0.00
$0.00
$0.00
Task 8
$0.00
$0.00
$0.00
$0.00
Total Labor Costs - ' -
$0.00
.$0:00 -
,$20;308:50
-$20,308:50' -
DIRECT COSTSf • ,
County /City Staff Project Supplies
Total
$0.00
1 $0.00
1 $0.00
$0.00
County /City Staff Travel In State
Mileage
Total
$0.00
$0.00
$0.00
$0.00
Consultants'
Consultant A: Michael
Baker International
Task 1- Project Kick -Off
$0
$7.500
$0.00 $7,500
& Coordination
Task 2 - Early
Coordination with CC
$0
$5,000
$0.00
$5,000
Staff
Task 3 - Community
$37,000
$5,000
$0.00
$42,000
Outreach Program
Task 4 - Sea Level Rise
$17,500
$2,500
$0.00
$20,000
Vulnerability Assessment
Task 5 - LCP Draft &
$72,000
$6000
$0.00
$78,000
Mapping
Task 6 - Prepare Final
$15,500
$0.00
$0.00
$15,500
LCP
Task 7 - Submit LCP
$10,000
$0.00
$0.00
$10,000
Application Package
Task 8 - Post Grant
Term
$0.00
$20,000
$0.00
$20,000
Amount requested should include total for salary and benefits.
] Travel reimbursement rates are the same as similarly situated state emplovees.
4 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable
laws.
is
City of Seal Beach
LCP -17 -01
Page 13 of 13
EXHIBIT 1311
'Indirect costs include, for example, a pro rata share ofrent, 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 amountrequcstedfor "Total Labor."
CCCGrant
Other Funds
Match/
Total (LCP Grant
Total
(City of Seal
(City of Seal
Funds + Match/
Beach)
Beach)
Other Funds)
Consultant B: Moffat &
Nichol Engineers, Inc.
Task 1— Project Kick -Off
$0'00
$1,000
$0.00
$1,000
& Coordination
Task 2 — Early
Coordination with CC
$0.00
$1,000
$0.00
$1,000
Staff
Task 3 — Community
$0.00
$8.000
$0.00
$8,000
Outreach Program
Task 4 —Sea Level Rise
$48000
$24000
$O.00
$72,000
Vulnerability Assessment
Task 5 — LCP Draft &
S0.00
$0.00
$0.00
$0.00
Mapping
Task 6 — Prepare Final
$0.00
$0.00
$0.00
$0.00
LCP
Task 7 — Submit LCP
$0.00
$0.00
$0.00
$0.00
Application Package
Task 8 — Post Grant
Term
$o.00
$0.00
$0.00
$0.00
Total Direct Costs._.
$200,000
$80,00.0.., ,..,,,-
$0:00 - -_. ,_ ,x$280;000-
-.:..
?�' -•`C„ r - —- '.OVERHEAD /INDIRECT COSTS'*.:
,'r, ,
Total County /City Staff
Overhead /Indirect
$0.00
$0.00
$0.00
$0.00
Costs
TOTAL PROJECT' COST
$200,000 -
$80,000
$20,308.50
$300308:50
'Indirect costs include, for example, a pro rata share ofrent, 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 amountrequcstedfor "Total Labor."
City of Seal Beach.
LCP -17 -01
Page 1 of 2
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: Daniel Nathan, Statewide Planning 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, specifically the Project Representative, as
identified in Exhibit B.
6. Itemized costs by tasks and source of funds 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 B1), 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
consultant, 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 Seal Beach
LCP -17 -01
Page 2 of 2
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 be considered "disputed" and will not be authorized. If the RFF form package is
incomplete, inadequate or inaccurate, the Commission will inform the Grantee via
phone and also with an Invoice Dispute Notification (STD. 209) and will withhold
payment until all required information is received or corrected. Any penalties
imposed on the Grantee by a consultant, 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 within the term of the
Grant Agreement and before the Termination Date,
I. Grantee must report to the Commission in the Project Budget all sources of other
funds for the Project, including Matching Funds identified in the Grant Application.
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 with prior approval by the
Commission Grant Manager, provided the grantee submits a revised Project
Budget for the purpose of amending the Project Budget. In any event, the total
amount of the Grant Funds may not be increased, except by written amendment to
this agreement and only if approved by the Commission.
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.
City of Seal Beach
LCP -17 -01
Page 1 of 4
EXHIBIT D
- GENERAL— TERMS- AND - CONDITIONS -- -- - -- - -- - -- -- - - - - --
1. APPROVAL: This Agreement is of no force or effect until signed by both parties.
Grantee may not commence performance until such approval has been obtained.
2. ASSIGNMENT: This Agreement is not assignable by the Grantee, either in whole or in
part, without the consent of the Commission in the form of a formal written
amendment.
3. INDEMNIFICATION: Grantee agrees to indemnify, defend and save harmless the
State, its officers, agents and employees from any and all claims and losses accruing
or resulting to any and all consultants, subconsultants, suppliers, laborers, and any
other person, firm or corporation furnishing or supplying work services, materials, or
supplies in connection with the performance of this Agreement, and from any and all .
claims and losses accruing or resulting to any person, firm or corporation who may be
injured or damaged by Grantee in the performance of this Agreement.
4. DISPUTES: Grantee shall continue with the respnnsihilitie.S Linder this Agreement
during any dispute.
5. INDEPENDENT CONTRACTOR: Grantee, and the agents and employees of
Grantee, in the performance of this Agreement, shall act in an independent capacity
and not as officers or employees or agents of the State.
6. NON- DISCRIMINATION CLAUSE: During the performance of this Agreement,
Grantee and its consultants shall not unlawfully discriminate, harass, or allow
harassment against any employee or applicant for employment because of sex, race,
color, ancestry, religious creed, national origin, physical disability (including HIV and
AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status,
and denial of family care leave. Grantee and consultants shall ensure that the
evaluation and treatment of their employees and applicants for employment are free
from such discrimination and harassment. Grantee and consultants 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 (California Code of
Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair
Employment and Housing Commission implementing Government Code Section
12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations, are incorporated into this Agreement by reference and made a part
hereof as if set forth in full. Grantee and its consultants shall give written notice of
their obligations under this clause to labor organizations with which they have a
collective bargaining or other Agreement.
Grantee shall include the nondiscrimination and compliance provisions of this clause
in all subcontracts to perform work under the Agreement.
City of Seal Beach
LCP -17 -01
Page 2 of 4
EXHIBIT D
7. CERTIFICATION CLAUSES: The GRANTEE CERTIFICATION CLAUSES contained
in the document GCC -1015 are hereby incorporated by reference and made a part of
this Agreement by this reference as if attached hereto.
8. TIMELINESS: Time is of the essence in this Agreement.
9. COMPENSATION: The consideration to be paid Grantee, as provided herein, shall be
in compensation for all of Grantee's expenses incurred in the performance hereof,
including travel, per diem, and taxes, unless otherwise expressly so provided.
10. GOVERNING LAW: This agreement is governed by and shall be interpreted in
accordance with the laws of the State of California.
11. ANTITRUST CLAIMS: The Grantee by signing this agreement hereby certifies that if
these services or goods are obtained by means of a competitive bid, the Grantee shall
comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following
definitions:
1) "Public purchase" means a purchase by means of competitive bids of
goods, services, or materials by the State or any of its political
subdivisions or public agencies on whose behalf the Attorney General
may bring an action pursuant to subdivision (c) of Section 16750 of the
Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or
agency making a public purchase. Government Code Section 4550.
b. In submitting a bid to a public purchasing body, the bidder offers and agrees
that if the bid is accepted, it will assign to the purchasing body all rights, title,
and interest in and to all causes of action it may have under Section 4 of the
Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2
(commencing with Section 16700) of Part 2 of Division 7 of the Business and
Professions Code), arising from purchases of goods, materials, or services by
the bidder for sale to the purchasing body pursuant to the bid. Such
assignment shall be made and become effective at the time the purchasing
body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through
judgment or settlement, a monetary recovery for a cause of action assigned
under this chapter, the assignor shall be entitled to receive reimbursement for
actual legal costs incurred and may, upon demand, recover from the public
body any portion of the recovery, including treble damages, attributable to
overcharges that were paid by the assignor but were not paid by the public
body as part of the bid price, less the expenses incurred in obtaining that
portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year
from such demand, reassign the cause of action assigned under this part if the
City of Seal Beach
LCP -17 -01
Page 3 of 4
EXHIBIT D
assignor has been or may have been injured by the violation of law for which
—
—the-cause.of-action.arose-and-(a)-the-assig nee- has-not- been-inju red-thereby,- or
(b) the assignee declines to file a court action for the cause of action. See
Government Code Section 4554.
12.CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000,
the Grantee acknowledges in accordance with Public Contract Code 7110, that:
a. The Grantee recognizes the importance of child and family support obligations
and shall fully comply with all applicable state and federal laws relating to child
and family support enforcement, including, but not limited to, disclosure of
information and compliance with earnings assignment orders, as provided in
Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family
Code: and
b. The Grantee, to the best of its knowledge is fully complying with the earnings
assignment orders of all employees and is providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
13. 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 have force and effect and shall not be affected thereby.
14. PRIORITY HIRING CONSIDERATIONS: If this Agreement includes services in
excess of $200,000, the Grantee shall give priority consideration in filling vacancies in
positions funded by the Agreement to qualified recipients of aid under Welfare and
Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.
15. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING
REQUIREMENTS:
a. If for this Agreement Grantee made a commitment to achieve small business
participation, then Grantee must within 60 days of receiving final payment
under this Agreement (or within such other time period as may be specified
elsewhere in this Agreement) report to the awarding department the actual
percentage of small business participation that was achieved. (Govt. Code §
14841.)
b. If for this Agreement Grantee made a commitment to achieve disabled veteran
business enterprise (DVBE) participation, then Grantee must within 60 days of
receiving final payment under this Agreement (or within such other time period
as may be specified elsewhere in this Agreement) certify in a report to the
awarding department: (1) the total amount the prime Grantee received under
the Agreement; (2) the name and address of the DVBE(s) that participated in
the performance of the Agreement; (3) the amount each DVBE received from
the prime Grantee; (4) that all payments under the Agreement have been made
to the DVBE; and (5) the actual percentage of DVBE participation that was
City of Seal Beach
LCP -17 -01
Page 4of4
EXHIBIT D
achieved. A person or entity that knowingly provides false information shall be
subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt.
Code § 14841.)
16. LOSS LEADER:
If this agreement involves the furnishing of equipment, materials, or supplies then the
following statement is incorporated: It is unlawful for any person engaged in business
within this state to sell or use any article or product as a "loss leader" as defined in
Section 17030 of the Business and Professions Code. (PCC 10344(e).)
EXHIBIT E
SPECIAL TERMS AND CONDITIONS
City of Seal Beach
LCP -17 -01
Page 1 of 11
1. ACKNOWLEDGEMENT
In order to acknowledge the Commission's and the Conservancy's support of the project,
the Commission's and the Conservancy's name and logo shall be included in a prominent
location in all published materials and final reports related to the LCP Grant Project,
including, but not limited to, Grantee reports or website postings about the grant program,
vulnerability assessments, adaptation plans, land use plans and implementation plans.
Less formal materials, such as stakeholder participation rosters and outreach agendas,
do not need to include acknowledgment of Commission or Conservancy support. The
Grantee shall state the Commission's and the Conservancy's support in its project -
related press releases, contacts with the media, and social media postings, and on its
website. The Grantee shall include in any agreement with any consultant or
subconsultant under the LCP Grant Program terms that preserve the rights, interests,
and obligations created by this section, and that identify the Commission and the
Conservancy as third -party beneficiaries of those provisions. The Commission and the
Conservancy shall have the right to republish any material generated as a result of this
Agreement.
2. 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 $200,000 (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 ensure that Project work excludes any and all Project work that was
funded through previously awarded grants or the matching funds identified through
previously awarded grants so as to ensure that current grant funding is not
duplicative of previous grant funding. Such grants include, but are not limited to,
LCP Grants previously awarded by the Coastal Commission, grants awarded by
the Ocean Protection Council, and grants awarded by the Conservancy.
F. 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.
City of Seal Beach
LCP -17 -01
Page 2 of 11
EXHIBIT E
G. 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.
H. 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.
3. POTENTIAL CONSULTANTS
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between the Commission and any consultants, 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 consultants 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 consultants is an independent obligation
from the Commission's obligation to make payments to the Grantee. As a result, the
Commission shall have no obligation to pay or to enforce the payments of any moneys to
any consultants.
The Grantee agrees to include in any agreement with any consultant and /or subconsultant
under the LCP Grant Project terms that preserve the rights, interests, and obligations for the
benefit of the Commission and the Conservancy within Exhibit D ( "General Terms and
Conditions ") and Exhibit E ( "Special Terms and Conditions ") of this Grant Agreement.
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.
Grantees seeking consultants to perform grant - related tasks and services shall select all
consultants pursuant to a bidding and procurement process that complies with all
applicable laws.
4. TRAVEL REIMBURSEMENT
The Commission will reimburse travel and related expenses at actual costs not to exceed the
State rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California
Code of Regulations. Grantees may seek reimbursement for any travel expenses that are in
excess of these state rates, but only if the Grantee has received prior written approval of the
Commission's Chief Deputy Director or his /her designee permitting the expenses in excess
of state rates on the basis that state rates were not reasonably available. Reimbursement for
the cost of operating a private vehicle shall not, under any circumstance, exceed the current
rate specified by the State of California for unrepresented state employees as of the date the
cost is incurred. Receipts will be required for all travel related reimbursements. All travel
costs are inclusive within the budgeted amount referenced in this Agreement.
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EXHIBIT E
5. 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).
6. 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 Commission's Grant Manager. If the issue
cannot he 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 posilion and the remedy sought. Within ten (10)
days after receint of the nriavanra rannrf fha r'.hiof flan, itv , or its designee, shall
_.r.. _. _ 1 1- ." . _ ..,.. 1 gn
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.
7. TERMINATION
Except as otherwise set forth in this Agreement, this Agreement may be terminated or
suspended (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 or suspension, the Grantee shall immediately stop work and
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 the performance of this Agreement prior to
the date of the notice to terminate or suspend, but not to exceed the balance of the total
funds which remains unencumbered under this Agreement at the time of termination.
In the event of such termination or suspension, the Commission may proceed with the work
in any manner deemed proper by the Commission. All costs to the Commission shall be
deducted from any sum due the Grantee under this Agreement and the balance, if any, shall
be paid to the Grantee upon request consistent with the terms of this Agreement.
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.
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EXHIBIT E
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 consultant retained for work under
this Agreement a provision that entitles the Grantee to immediately suspend or terminate
the agreement with the consultant 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 bf 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.
8. 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.
9. REIMBURSEMENT
Complete reimbursement of Task funds under this Agreement will be dependent upon
successful completion of the Task deliverable(s) of this Agreement. Grantee agrees that
up to 20% of each Task and the total Task Budget hereunder may not be reimbursable
until each Task and all final Task deliverables have been completed, delivered by the
Grantee to Commission Staff, and accepted by the Commission's Grant Manager.
10. 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 and shall be submitted in writing, such as
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EXHIBIT E
by email or letter. The Grantee shall strive to make requests immediately upon discovering
- that -an -amend ment - may -be- needed -No- oral - understanding - or, agreement not-incorpo rated`
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.
11. REALLOCATION OF FUNDS
If Grantee fails to meet the performance criteria and Benchmarks in this Agreement, the
Execu +.ive rliren4nr nr his leuiny nee ma y immediately 4in r y i ii e man el 4h's uii
Agreement, and upon Commission approval, re- allocate any unspent funds to one or
more of the other approved Grantees that needs additional funding or 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, the
Executive Director or his designee may, upon Commission approval, reallocate funds to
supplement an already awarded grant.
12. DIGITAL AND PAPER 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, useable format (such as in Microsoft Word .doc).
13. COASTAL COMMISSION SEA LEVEL RISE GUIDANCE
Grantees shall use the Commission's Sea Level Rise Policy Guidance documents to
inform the development of sea level rise impact assessments, vulnerability assessments,
and LCP Land Use Plan and Implementation Plan completion or updates.
14.VULNERABILITY ASSESSMENTS
In addition to the general recommendations contained within the Commission's Sea Level
Rise Policy Guidance, and unless otherwise provided'in the Scope of Work of this
Agreement, Vulnerability Assessments shall include: (1) storm and non -storm scenarios,
including maximum daily and annual tidal inundation, (2) assessment of sea level rise
vulnerability with and without key development that is currently vulnerable and /or
protected by a revetment, such as Highway 1, railroad tracks, and /or a row of residences,
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EXHIBIT E
(3) anticipated changes in beach width under future sea level rise scenarios, (4)
evaluation of the feasibility and effectiveness of sediment management and beach
nourishment, and (5) evaluation of sea level rise vulnerability of existing and planned
segments of the California Coastal Trail. These scenarios and topics should be modelled
or quantitatively analyzed where feasible and applicable, or at a minimum thoroughly
discussed in a qualitative manner.
15. 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.
16. 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,s as
listed below, and as described in the adopted 2014 Ocean Protection Council Resolution
to support implementation of the Safeguarding Plan .7 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:
• Encourages iterative approaches;
• Protects California's most vulnerable populations;
• Achieves multiple benefits from efforts to reduce climate risks and
prioritizes green infrastructure solutions;
• Integrates climate risk reduction with emissions reductions to the fullest
extent possible; and
' California Coastal Commission 2015. Available.
http: / /documents. coastal. ea.gov/ assets /slr/ guidance /August2015 /0_Full_Adopted Sea_Level_Rise_Policy_Guidance.
pdf Accessed 30 August 2016
6 California Natural Resources Agency 2014. Available
hit 1 /resources ca gov/docs /climate /final Safeeuarding CA Plan Julr 31 2014 12clf Accessed 19 September 2014.
� Ocean Protection Council 2014. Available:
htlp:// wrorw. opaca .Yov/webniasterKtp/pdi/aQenda aeu7s12 0 1 4 052 7/Item5 OPC AuQ2014 Exhibit I SafeQUardiny R
esolution ADOPTFD.nd>' Accessed 19 September 2014.
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EXHIBIT E
o Develops metrics and indicators to track progress on efforts to reduce
climate -risk. - - - -- - - --
• Adhere to the Safeguarding Plan principles:
• Use the best available science to identify risks and adaptation strategies;
• Understand that an effective strategy for preparing for climate risks should
evolve as new information is available;
• Involve all relevant stakeholders;
• Establish and maintain strong partnerships across all levels of government,
tribes businesses landowners, and non -g Overnmental organizations;
• Give priority to strategies that also achieve benefits other than climate risk
reduction benefits, including additional benefits to public health, the
economy, enviionrnerltal 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.
17. AUDIT REQUIREMENTS AND FINANCIAL RECORDKEEPING
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 acid other matters relating to this Agreement consistent with the policies outlined in
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 agrees to
allow the auditor(s) to interview any employees who might reasonably have information
related to such records. Further, Grantee agrees to include a similar right of the State to
audit records and interview staff in any subcontract related to performance of this
Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2,
Section 1896). Grantee shall also retain such documents and records for three (3) years
after final payment and one (1) year following an audit unless a longer period of records
retention is stipulated. The documents for audit should be retained onsite.
Grantee shall use applicable Generally Accepted Accounting Principles published by the
American Institute of Certified Public Accountants.
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.
18. WORK PRODUCT
It shall be the Commission's Grant Manager's sole determination as to whether grant
materials (i.e. project deliverables in Scope of Work) have been successfully completed
and are acceptable to the Commission. The Commission reserves the right to withhold
reimbursement under the REIMBURSEMENT clause for materials deemed incomplete or
substandard. For materials that constitute LCPs, including Land Use Plans and
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EXHIBIT E
Implementation Plans, the standard of review in determining whether a LCP is
successfully completed and acceptable as a work product under the Scope of Work of
this Grant Agreement, is the Coastal Act.
The Grantee agrees that all material data, information, and written, graphic, or other work
produced, developed or acquired under this agreement, including plans, drawings,
specifications, surveys, studies, reports, and other written or graphic work produced in
the performance of this Agreement, herein referred to as "materials ", are subject to the
unqualified and unconditional rights of the Commission and the Conservancy as set forth
in this section. The Commission and Conservancy shall have the right to reproduce,
publish, display and make derivative use all such work, or any part thereof, free of charge
in any manner and for any purposes whatsoever and to authorize others to do so. If any
of the work material is subject to copyright, trademark, service mark, or patent, the
Commission and the Conservancy is granted and shall have a perpetual, royalty -free,
nonexclusive and irrevocable license to use, reproduce, publish, use in the creation of
derivative works, and display and perform the work, or any part of it, and to grant to any
third party a comparable and coextensive sublicense.
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 (including use of the work produced under this Agreement for any profit -
making venture, or the sale or grant of rights thereto for that purpose) except as otherwise
agreed to in an Amendment.
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.
The Grantee agrees to include in any agreement with any consultant and /or
subconsultant under the LCP Grant Project terms that preserve the rights, interests, and
obligations created by this section, and that identify the Commission and the
Conservancy as third -party beneficiaries of those provisions.
19. SURVIVAL
The obligations in the "INDEMNIFICATION" clause of the General Terms and Conditions
(Exhibit D), and in the "ACKNOWLEDGMENT," "AUDIT REQUIREMENTS AND
FINANCIAL RECORDKEEPING" and "WORK PRODUCT" clauses in the Special Terms
and Conditions (Exhibit E), as well as any other provisions in this Agreement that by their
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EXHIBIT E
nature are intended to survive termination or expiration, shall survive the termination of
- this - Agreement. - - -- ----------------- - - - - --
20. 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.
21. 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.
22. 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 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 consultants associated with the Project undertaken pursuant to
this Agreement.
If the Grantee provides funds to any consultants 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 consultant 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 consultant, 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 consultant 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 consultant under the approved Scope of Work.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1. 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.
2. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto).
3. Workers' Compensation insurance as required by the Labor Code of the State of
California.
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EXHIBIT E
B. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:
1. 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.
2. Automobile
$1,000,000 per accident for bodily injury and property
Liability:
damage.
C. Deductibles and Self- Insured Retentions. Any deductibles or self- insured retentions must
be declared to and approved by the Executive Director.
D. 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:
1. 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.
2. 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.
3. 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.
E. 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,
in the alternative, acceptable to the Commission and approved in writing, by the Executive
Director.
F. 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
within 30 working days from the start date of the Grant Project. The Commission reserves
the right to require complete, certified copies of all required insurance policies, including
endorsements affecting the coverage, at any time.
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- -G- Premiums- and- Assessments.—The-Commission is not-responsible-for premiums and
assessments on any insurance policy.