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AGMT - California Coastal Commission (Grant Agreement No. LCP 19-10)
DocuSign Envelope ID: 023244C9-D05C-44D5-AB9A-A6EOBE3AC984 City of Seal Beach LCP- 19-10 A/2 Page 1 of 1 INFORMAL AMENDMENT 2nd Amendment to LCP-1 9-10 1 . This amendment (the "Amendment") is made by the California Coastal Commission and the City of Seal Beach, parties to the agreement LCP-1 9-10 AM dated November 30, 2021 (the "Agreement"), 2. As of 2/2/2023 , the Agreement is amended as follows: minor chap es to the schedule and bud et 3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict betweer this amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail. MFIHHM;.# l # "...�. #',r is-. By: a&.. 5.-� Printed Name: Alexa Smittle Title: community Development Director Dated: 2/2/2023 M11119TAIMIM-M MO By: bviffi",� Printed Name Br,ttney Cozzolino Title: Coastal Program Analyst II Dated: 2/2/2023 DocuSign Envelope ID: 023244C9-D05C-44D5-AB9A-A6EOBE3AC984 City of Seal Beach LCP-19-10 A/4-2 Page 1 of 6 [:V: 1:1 ri_1 SCOPE OF WORK 1. Grantee agrees to provide to the Commission project activities as described under the Scope of Work, attached hereto as Exhibit A. 2. The Project representatives during the term of this agreement will be: State Agency: Grantee: California Coastal Commission City of Seal Beach Name: i Kelsey Ducklow Name: Jill Ingram "Grant Manager") City Manager Address: Address: 725 Front St, ee+t#300-, 211 8t" Street Santa Cruz, CA 95 Seal Beach, CA 90740 455 Market St. Suite 300 Seal Beach, CA 90740 San Francisco CA 94105 Phone: 562 431-2527 Ext. 1313 Phone: 415 904-2335 Phone: 562 431-2527 Ext. 1316 Fax: 415 904-5400 Fax: 562 430-8763 Email: nn�,�nr^® rte.°�"®r'r^,^nas tel ^- ^^.° IYIG&A Sslll B4. Email: Jingram@sealbeachca.gov Kelsey. ducklow(aD-coastal.ca. gov 3. Direct all inquiries to: State Agency: Grantee: California Coastal Commission City of Seal Beach Section/Unit: Section/Unit: Name: Karen Vu Brittney Cozzolino Name: Alexa Smittle "LCP Grant Coordinator" Community Development Director Address: Address: 455 Market St. Suite 300 211 8t" Street San Francisco, CA 94105 Seal Beach, CA 90740 Phone: 415 904-526871 Phone: 562 431-2527 Ext. 1313 Fax: 415 904-5400 Fax: 562 430-8763 Email: Email: asmittle@sealbeachca.gov Brittne .cozzolino coastal.ca. ov DocuSign Envelope ID: 023244C9-DO5C-44D5-AB9A-A6EOBE3AC984 City of Seal Beach LCP-19-10 A/4-2 Page 2 of 6 SCOPE OF WORK Name of Local Government: City of Seal Beach Name of Project: Local Coastal Plan Seal Beach Funding Source: Greenhouse Gas Reduction Fund Specific Program: Local Coastal Program Local Assistance Grant Program Federal Tax ID#: 95-6000794 Budget Summary: CCC funding: $50,000 Other funding: $6885,900 Total project cost: $404;�55,900 Term of Project: February 1, 2020 or upon grant execution to April 30, 2023 A. PROJECT DESCRIPTION This project is the continued development and progress toward certification of a Local. Coastal Plan (LCP). With the Grant funds the City of Seal Beach will be able to continue to develop policies for the creation of the Implementation Plan of the LCP. Outreach to the stakeholders and public participation. will continue to be a priority with the completion of this Plan. B. TASKS: Task 1. Kick -Off and Coordination As the Project Team moves into the second phase of the Local Coastal Program process, the consultant and the City will meet to refine the scope of work and confirm project timeline. The City will coordinate with the consultant to identify relevant baseline information and applicable technical data, as it relates to Implementation Plan Framework preparation. Additionally, the City shall set up a meeting with Coastal Commission staff to regroup and initiate the second phase of the Local Coastal Program. preparation. The goal of this meeting shall be to address any outstanding comments regarding the Administrative Draft Land Use Plan (to be submitted December 31, 2019), and scope, expectations and goals for the Implementation Plan Framework. Task 1. 1, Kick Off Meeting Task 1.2, Coastal Commission Meeting DELIVERABLES: Kick -Off Meeting Agenda and Meeting Minutes; Coastal Commission. Meeting Agenda and Meeting Minutes Task 2. Land Use Plan — Finalization The Administrative Draft Land Use Plan (including all applicable exhibits) was electronically submitted to Coastal Commission staff in December 2019 as a deliverable for the City's past grant, LCP-17-01. To finalize the Land Use Plan for public review, the Land Use Plan shall undergo a 60 -day DocuSign Envelope ID: 023244C9-D05C-44D5-AB9A-A6EOBE3AC984 City of Seal Beach LCP-19-10 A/4-2 Page 3 of 6 review and comment period with Coastal Commission staff. The City and consultant shall coordinate with Coastal Commission staff on revisions to Land Use Plan text, policies and graphics. The consultant will incorporate Coastal Commission staff recommendations as applicable to prepare a Public Review Draft Land Use Plan. Task 2. 1, Coastal Commission staff review of Administrative Draft Land Use Plan Task 2.2, Prepare Public Review Draft Land Use Plan to be released for public comment (Assumes one response to Coastal Commission comments) DELIVERABLES: Public Review Draft Land Use Plan, with Commission staff comments reviewed and addressed. Task 3. Implementation 'lan Framework — Administrative Draft Preparation ORMI 11 I._ 071' lWiffiffi, 10 lill MEMO The Consultant will prepare an administrative draft Implementation Plan Framework. includin! an outline of anticipated Implementation Plan organization, structure, and content The Consultant will source recent and local Implementation Plans for use as templates, and will relyupon Coastal Commission guidance for Implementation Plans. The ultimate goal and purpose is to establish a streamlined Implementation. Plan to integrate CDP processing procedures and other coastal considerations into existing City permitting procedures and policies. The Implementation Plan Framework will ultimately inform development of the full Implementation Plan_ which will be prepared outside of this grant term. The Administrative Draft Implementation Plan Framework shall then be electronically submitted to Coastal Commission staff for a 9030 -day review and comment period that will occur outside of this grant term. Outside the grant term, tThe City and consultant shall coordinate with Coastal Commission staff on suggested modifications to the Implementation Plan. Framework. The consultant will incorporate Coastal Commission staff recommendations as applicable to prepare a Public Review full. Draft Implementation Plan. Task 3.0, Prepare Administrative Draft Implementation Plan Framework to be submitted for Commission staff review "1 011111111111 The Consultant will prepare an administrative draft Implementation Plan Framework. includin! an outline of anticipated Implementation Plan organization, structure, and content The Consultant will source recent and local Implementation Plans for use as templates, and will relyupon Coastal Commission guidance for Implementation Plans. The ultimate goal and purpose is to establish a streamlined Implementation. Plan to integrate CDP processing procedures and other coastal considerations into existing City permitting procedures and policies. The Implementation Plan Framework will ultimately inform development of the full Implementation Plan_ which will be prepared outside of this grant term. The Administrative Draft Implementation Plan Framework shall then be electronically submitted to Coastal Commission staff for a 9030 -day review and comment period that will occur outside of this grant term. Outside the grant term, tThe City and consultant shall coordinate with Coastal Commission staff on suggested modifications to the Implementation Plan. Framework. The consultant will incorporate Coastal Commission staff recommendations as applicable to prepare a Public Review full. Draft Implementation Plan. Task 3.0, Prepare Administrative Draft Implementation Plan Framework to be submitted for Commission staff review DocuSign Envelope ID: 023244C9-DO5C-44D5-AB9A-A6EOBE3AC984 City of Seal Beach LCP- 19-10 A/4-2 Page 4 of 6 1: X14: I 1 :1111 ff 1-1 ,I, aW/ otttvol'c o/ O'va/Q 7 -11',1, 3, 3": "q )1'� r,"' i, e fi'-? .'< "a I DELIVERABLES: Administrative Draft Implementation Plan Framework submitted to Commission staff for 30 -day review 'u/' 1, .t C'1"""qu-q":�'�; 4,, P`tar lhu Reviet 7 1 ,. ( jj,,'�, I( A t 11 hc (J", 1 vl""o 11"// 1'10`i Rcvim'ol", S z; t7 V Wc"' (isk Citlt- and x. �. w:. hah` ili!u 4, inUh Rcric-w "'o, Pr"o"I"v',"(-'w, 0 4, NWPI I k Tctv�5� 1�ocdd C"'I"I'am", , P att 5z -""n q �'et rAl"M"ful""I"11�1 LA' U U." N 44"— 1,14,M" r,,,i she"'(H el """"U' �1'1' "1Y k �1'vc,,'/ oit i'lic I R,,, c -0 Usic NI!, '11, "101 I t"I'll H' I d 11,1160 t' T""Fsk Ax, Lo'waf/ Coiivad ';Rre' 114, 1"'(7", O"'.irt"into I i'\'� S "i, ir h �u i i ftct I io, ( "e""' "'i st at I p q, � ", � ' "� �" o' - f N ,- ", I , ' , IM 4, b e �vifl W"'I" h-�A ,n, -u," cl` '//'Sts 'cq DocuSign Envelope ID: 023244C9-D05C-44D5-AB9A-A6EOBE3AC984 AA': 11:1 W_,1 City of Seal Beach LCP- 19-10 A/4-2 Page 5 of 6 �3 i , n,i 7 1 ("1 "J, . 16,1,I 'c I f i 12, 1 f , lf,,,,'.� / if Co� f!", 2, Pr( Alcl /71#'C"""#M U, fW, A"tUsH 'A T"U" #,U, bly LCI" _P I i s A", i i, t , c -,�i, t' ""i f 1 h, 1, 1 q tit i:i� t r f c i, f wf tf iff w, tti2, L iq 'i', I C. SCHEDULE Project start/end dates: February 1, 2020 or upon grant execution- February 29, 2020 - April 30, 2023 TASK TIMELINE Task 1: Kick Off and Coordination February 12020 or upon grant execution - February 29, 2020 Task 1.1: Kick Off Meeting February 1, 2020 or upon grant execution - February 29, 2020 Task 1.2: Coastal Commission Meeting February 1, 2020 or upon grant execution - February 29, 2020 Task 2: Land Use Plan - Finalization February 1, 2020 -February 20, 2022 Task 2.1: Commission staff review of Administrative Draft Land February 1, 2020 - April 1, 2020 Use Plan Task 2.2: Prepare Public Review Draft Land Use Plan to be April 1, 2020 February 28, 2022 released for public comment Aril30 Task 3: Implementation Plan Framework - Administrative June 1, 2020 ju y 30, 2022 Draft Preparation and FinalliZatian January 1, 2023 - April 30, 2023 Task 3.0: Prepare Administrative Draft Implementation Plan January, 1, 2023 - April 30, 2023 Framework to be submitted for Commission staff review 'T',,,,sk 3, 1- r ve, Dr,,,,.,ft Z n 2021 31", 2(2,? 'Fc-, e ,,,,,s 3. 21- r & 1, 2020-1 1, 2022 ,,,sk 3.3: Drat`t` Ai 1, 2022 - J,,_#,, 1, 202"'? 'F0 ,ole Pla r" 'Fusk 3 ': P'la" W11,,,,t,,,,e 2, 2022 - J,,*fv 30, 20"'22 'Fc,-, fSs it i.2sk X Re%dew _1111111! 24; .21 A,,_fgiss,,`% ,te -fber 2,92,," h" 'sk 4. Pc coasta Pr C. .6. 'T',,,,sk 3Ci,,,y Cou,,,,.,cf_1 Shutcly Sessiot, i s, (2,,,, Au,,,,,nuist 1, 2022 DocuSign Envelope ID: 023244C9-D05C-44D5-AB9A-A6EOBE3AC984 AA': 1:1 ri_1 City of Seal Beach LCP-19-10 A/4-2 Page 6 of 6 'moi \ Local <, 3 t 'x 4.) � § * ; ': ':a ""„'� ' 'a t:., t j 4 2 Y j'q 1« s a*"�' 'tsk6x a ss.�a R,ry �:. mS4 e4 tb x 24�. � .. ..b. . ,Ra e e,3>,at aY.�t asaas., t,a c ,v�rx„ February tr{,t,'4 ou be can Coastal Commission Meeting Agenda and Meeting Minutes ,'. s L �;,r 29, 2020 CCC Land Use Plan Review Period t. -einnber Public Review Draft Land Use PlanFebruary 2022 E., 5,2: 1 ,. '-_f,_— 1-1101?tiavy a"- 2023 Ta,sr—. 1<, .. _ 3» r 2022 April 30 2023 '� t2 2t tt`6 `G A" 2y� 4x \c .w Yx Y�-sk, Local io oa. stu= `. �..� vv4...nu St kY �nbt, 4., n*4,d 'as l�G.x 4 Y; ',tS. xn�:.,r� \ Community Outreach Summary March 31 outside .. CCC Implementation Plan Review Period . ,:4 k. Y. Task tt A .., 2023 2023 August outside 1, 2022 To be completed grant term 7",&, 4C 3 tC.*\n?...t,L flktet.. ri,ngs,; 4 os,t ri-4,n tv �:oa."t§u�d, T' s "a3 �i �t•,.YB�kt. dad\ '2 Sitt �t`� q� b'a .a a ., 3*.', 2 im>x t�S? a ^< ltr&�` a z i"a �� 2K december outside t' ti a3 e r (. 't„t$ �. Cx be x .x... P .F• t2. t Local Coastal : Coastal Commission Local Coastal Program CertificationAIV,-r;I Application D. BENCHMARK SCHEDULE DELIVERABLE DEADLINE Kick -Off Meeting Agenda and Meeting Minutes February 29, 2020 Coastal Commission Meeting Agenda and Meeting Minutes February 29, 2020 CCC Land Use Plan Review Period February 1, 2020 - April 1, 2020 Public Review Draft Land Use PlanFebruary ril 30 A 2023 Administrative Draft Implementation Plan Framework March 31 2022 April 30 2023 Administrative Draft Implementation Plan To be completed outside rant term Community Outreach Summary March 31 outside 20 To be completed grant term CCC Implementation Plan Review Period A—H' '-ine 1, 202" To be completed outside grant term Public Review Draft Implementation Plan july 30 outside ' 022 To be completed grant term Notice of Public Review Period August outside 1, 2022 To be completed grant term Study Session Meeting Notes November outside 1 2022 To be completed grant term Public Comment and Revision Summary december outside 1 2n22 To be completed grant term Final Local Coastal Program march 1, outside 202 To be completed grant term Coastal Commission Local Coastal Program CertificationAIV,-r;I Application "In ------ outside 2n03 To be completed grant term DocuSign Envelope ID: 023244C9-DO5C-44D5-AB9A-A6EOBE3AC984 City of Seal Beach LCP-19-01 AM Page 1 of 2 Amount requested should include total for salary and benefits. Travel reimbursement rates are the same as similarly situated state employees. 'All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws. Total Match/ (LCP Grant Funds City of Sea! Beach CCC Grant Total Other Funds +Match/Other (Source #1) Funds) LABOR COSTS' County/City Staff Labor Task 1- Kick Off and Coordination -- -- $0 Task 2 - Land Use Plan Finalization -- -- $0 Task 3 - Implementation Plan Framework - $0 Admin Draft Pre aration and-Final+za#+on The below tasks will occur outside of the -grant term Preparation, ,-nd ,n Program, :)tdion"Ottal to $0 'Task A:_ Total Labor Costs $ $d $o DIRECT COSTS County/City Staff Project Supplies Project Supplies $0 $4,500 $4,500 Total Project Supplies $0 $4,500 $4,500 County/City Staff Travel In State Mileage -- -- $0 Hotel, etc. -- -- $0 Total Travel In State $0 $0 $0 Consultants' Task 1- Kick Off and Coordination $800 $1,400 $2,200 Task 2 - Land Use Plan Finalization $1-1-,38826,000 -- $31.30A26,000 Task 3 - Implementation Plan Framework - $23,200 $10,400 $333-68823,200 Admin Draft Pre aration and-Final+za#+en The below tasks will occur outside of the -grant term ask 4 a. E 'Tasktit Final Ott nn ._ _ ..r ra., a I C o ,n t ts..,i., r Amount requested should include total for salary and benefits. Travel reimbursement rates are the same as similarly situated state employees. 'All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws. DocuSign Envelope ID: 023244C9-DO5C-44D5-AB9A-A6EOBE3AC984 City of Seal Beach LCP-19-01 AM Page 2 of 2 4 Indirect costs include, , for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for "Total Labor. " Match/ Total City of Seal Beach CCC Grant Total Other Funds (LCP Grant t Funds t Match Other (Source #1) Funds) T asa... Total Consultants $50,000 $58881,400 51,400 Total Direct Costs $50,000 $54,6005,900 $1:94,ra *55,90© OVERHEAD/INDIRECT COS'S4 Total County/City Staff $0 Overhead/Indirect Costs TOTAL PROJECT COST $50,000 $54 895,900 $104,6DA55,900 4 Indirect costs include, , for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for "Total Labor. " STATE OF CALIFORNIA- CALIFORNIA NATURAL RESOURCES AGENCY CALIFORNIA COASTAL COMMISSION 45 FREMONT STREET, SUITE 2000 SAN FRANCISCO, CA 94105-2219 VOICE (415) 904-5200 FAX (415) 904-5400 TDD (415) 597-5885 W W W.COASTAL.CA,GOV May 22, 2020 Jill Ingram City of Seal Beach 211 81 Street Seal Beach, CA, 90740 Subject: Grant Agreement Number LCP-19-10 Dear Mrs. Ingram, GAVIN NEWSOM, GOVERNOR Enclosed please find items related to your grant with the California Coastal Commission. This grant agreement cannot be considered binding on either party until approved and signed by all parties. No services should be provided prior to approval, as the State is not obligated to make any payments on any agreement prior to final approval. Expeditious handling of this Agreement is appreciated. For inquiries regarding this grant agreement, please call Cristina Collins, Fiscal & Business Services Analyst at (415) 356-6784. Complete the following item(s) and return to the address stated above: Standard Grant Agreement with attached exhibits. Sign and date the first page of the Standard Grant Agreement package and the additional single page Standard Grant Agreement signor page. Return all originals for further processing. A fully executed original will be returned when completed. A copy of your insurance certification which states coverage will not be canceled without 30 days written notice to the State of California, and which also includes the State of California, its officers, agents, and employees as additional insureds. X The attached approved Standard Grant Agreement is for your records. Cristina Collins, Fiscal & Business Services Analyst (415) 356-6784 Cristina.Collins@coastal.ca.gov Attachment(s) cc: Tamara Doan, Madeline Cavalieri, Kelsey Ducklow CALIFORNIA COASTAL COMMISSION STANDARD GRANT AGREEMENT (Rev 12/19) AGREEMENT NUMBER LCP-19-10 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 GRANTEES NAME The City of Seal Beach 2. The term of this Upon Execution Or Agreement is: 02/01/2020 through 12/01/2021 (the "Termination Date') 3. The maximum amount $ 50,000.00 of this Agreement is: Fifty 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 — Scope of Work EXHIBIT Al- Definitions EXHIBIT B — Budget EXHIBIT B1 — Budget Detail and Payment Provisions EXHIBIT C — General Terms and Conditions EXHIBIT D — Special Terms and Conditions Check mark one item below as EXHIBIT D Attachment: ® EXHIBIT D1 — Local Coastal Programs Terms and Conditions ❑ EXHIBIT D2 — WHALE TAILeTerms and Conditions EXHIBIT E — Grantee Certlfication Clauses Form (GCC -01/2019) EXHIBIT F —Amendment Template (informal) IN WITNESS WHEREOF, this Agreement; has been executed by the parties hereto. GRANTEE'S NAME (Nofhv►hen &n O&Wdual, Sifts whether& corporftL P&rhNW*' &la) The City of Seal Beach BY (Authorised Slanelure) .es A( tM PRINTED NAME AND TITLE OF PERSON SIGNING Jill In9fam, City Manager ADDRESS 211 8'h Street. Seal Beach, CA 90740 STATE OF CALIFORNIA AGENCY NAME California Coastal BY (Authorized SIVaturr) M PRINTED NAMEANO TIrc IfPE 5'ON 519NING Susan M. Hansch eputy Director ADDRESS ` 1 45 Fremont Street, Suite 2000, San Francisco, CA 94105 DATE SIGNED(Do nor type) 05/21/2020 DAT£ K3NED( I)pq �� mkzd 6 pages 1 pages 2 pages 3 pages 4 pages 4 pages 10 pages 5 pages 1 pages C800Mla Depar&mwt of General Services Use Only ® This agreement a exempt If= approv&I by the Npartment of General Services per SCM Vol. 1 4.08 (see 58 Ops. Cal, Atty. Gen 586 and 63 Ops, Cal. Atty, Gen. 290). City of Seal Beach LCP-19-10 Page 1 of 6 EXHIBIT A SCOPE OF WORK 1. Grantee agrees to provide to the Commission project activities as described under the Scope of Work, attached hereto as Exhibit A. 2. The Project representatives during the term of this agreement will be: State Agency: Grantee: California Coastal Commission City of Seal Beach Name: Madeline Cavalieri Name: Jill Ingram ("Grant Manager") City Manager Address: Address: 725 Front Street #300, 211 8th Street Santa Cruz, CA 95060 Seal Beach, CA 90740 Phone: 831 427-4890 Phone: (562) 431-2527 Ext. 1316 Fax: 831 427-4877 Fax: (�62) 430-8763 Email: Madeline. Cavalieri@coastal.ca.gov Email: Jingram a@sealbeachca. ov 3. Direct all inquiries to: State Agency: California Coastal Commission Grantee: City of Seal Beach Section/Unit: Section/Unit; Name: Tamara Doan "LCP Grant Coordinator" Name: Steve Fowler Contact Address: 725 Front Street #300, Santa Cruz, CA 95060 Address: 211 8th Street Seal Beach, CA 90740 Phone: 831 427-4890 Phone: 562 431-2527 Ext. 1316 Fax: 831 427-4877 Fax: 562 430-8763 Email: Tamara.Doan@coastal.ca.gov Email: SFowler@sealbeachca.gov City of Seal Beach LCP-19-10 Page 2of6 EXHIBIT A SCOPE OF WORK Name of Local Government: City of Seal Beach Name of Project: Local Coastal Plan Seal Beach Funding Source: Greenhouse Gas Reduction Fund Specific Program: Local Coastal Program Local Assistance Grant Program Federal Tax ID#: 95-6000794 Budget Summary: CCC funding: $50,000 Other funding: $54.600 Total project cost: $104,600 Term of Project: February 1, 2020 or upon grant execution to December 1, 2021 A. PROJECT DESCRIPTION This project is the continued development and certification of a Local Coastal Plan (LCP). With the Grant funds the City of Seal Beach will be able to continue to develop policies for the creation of the Implementation Plan of the LCP. Outreach to the stakeholders and public participation will continue to be a priority with the completion of this Plan. B. TASKS: Task 1. Kick -Off and Coordination As the Project Team moves into the second phase of the Local Coastal Program process, the consultant and the City will meet to refine the scope of work and confirm project timeline. The City will coordinate with the consultant to identify relevant baseline information and applicable technical data, as it relates to Implementation Plan preparation. Additionally, the City shall set up a meeting with Coastal Commission staff to regroup and initiate the second phase of the Local Coastal Program preparation. The goal of this meeting shall be to address any outstanding comments regarding the Administrative Draft Land Use Plan (to be submitted December 31, 2019), and scope, expectations and goals for the Implementation Plan. Task 1. 1, Kick Off Meeting Task 1.2, Coastal Commission Meeting DELIVERABLES: Kick -Off Meeting Agenda and Meeting Minutes; Coastal Commission Meeting Agenda and Meeting Minutes Task 2. Land Use Plan — Finalization City of Seal Beach LCP-19-10 Page 3of6 EXHIBIT A The Administrative Draft Land Use Plan (including all applicable exhibits) was electronically submitted to Coastal Commission staff in December 2019 as a deliverable for the City's past grant, LCP-17-01. To finalize the Land Use Plan for public review, the Land Use Plan shall undergo a 60 - day review and comment period with Coastal Commission staff. The City and consultant shall coordinate with Coastal Commission staff on revisions to Land Use Plan text, policies and graphics. The consultant will incorporate Coastal Commission staff recommendations as applicable to prepare a Public Review Draft Land Use Plan. Task 2. 1, Coastal Commission staff review of Administrative Draft Land Use Plan Task 2.2, Prepare Public Review Draft Land Use Plan (Assumes one response to Coastal Commission comments) DELIVERABLES: Public Review Draft Land Use Plan, with Commission staff comments reviewed and addressed. Task 3. Implementation Plan — Preparation and Finalization An Implementation Plan shall be prepared for review and incorporation into the Final Local Coastal Program, based on Land Use Plan policies, as finalized under Task 2 of this grant. The City seeks to integrate the Implementation Plan as part of the Seal Beach Municipal Code. The Implementation Plan will establish a Coastal Development Permit Ordinance to identify procedures for processing permits at the local level following Local Coastal Program certification. Additionally, the Implementation Plan will incorporate regulations from existing Specific Plans within the Coastal Zone. Community outreach shall be incorporated into the Implementation Plan development process, to continue public involvement throughout the Local Coastal Program document preparation. The City and consultant shall host one (1) publicly noticed workshop to educate the public about the Implementation Plan as part of the Local Coastal Program, and to solicit public input. The outreach effort shall ensure the public is involved in the decision-making process, and that visitors, employees, and other potentially affected non-residents are included to the maximum extent feasible. Special effort shall be made to ensure disadvantaged communities (including low-income, minority, and other underserved communities) have equitable opportunities to engage in the community outreach process. Additionally, the Local Coastal Program webpage shall continue to be updated periodically, as significant deliverables become available. A community outreach summary shall be submitted to Coastal Commission staff after the workshop is held. The Administrative Draft Implementation Plan shall then be electronically submitted to Coastal Commission staff for a 90 -day review and comment period. The City and consultant shall coordinate with Coastal Commission staff on suggested modifications to the Implementation Plan. The consultant will incorporate Coastal Commission staff recommendations as applicable to prepare a Public Review Draft Implementation Plan. • Task 3. 1, Prepare Administrative Draft Implementation Plan • Task 3.2, Community Outreach — Public Workshop & Website • Task 3.3: Commission staff review of Administrative Draft Implementation Plan • Task 3.4, Prepare Public Review Draft Implementation Plan (Assumes one response to Coastal Commission comments) DELIVERABLES: Administrative Draft Implementation Plan, Community Outreach Summary, Public Review Draft Implementation Plan, with Commission staff comments reviewed and addressed. EXHIBIT A Task 4. Public Review City of Seal Beach LCP-19-10 Page 4of6 The City and consultant shall prepare and notice the Public Review Local Coastal Program for a 30 - day period. The Local Coastal Program shall be available electronically and in print at appropriate locations. Comments shall be directed to City staff, who will document for the Public Comment and Revision Summary under Task 5. Additionally, the City and consultant shall facilitate a total of two (2) study sessions (i.e. One Planning Commission and one City Council meeting) to discuss the Local Coastal Program preparation process, public outreach, and next steps toward certification. 4.1 Public Review Local Coastal Program Circulation 4.2 Planning Commission Study Session (1) 4.3 City Council Study Session (1) DELIVERABLES: Notice for Release of LUP and IP for 30 -day Public Review period; Planning Commission Study Session Meeting Notes; and City Council Study Session Meeting Notes Task 5. Final Local Coastal Program Preparation and Adoption (Not Funded by LCP Grant) The City and consultant shall prepare a summary of public comments received on the Public Review Land Use Plan and Implementation Plan, and documentation of all revisions made. If necessary, the City will work with Commission staff to resolve any outstanding issues. Next, the City and consultant shall incorporate revisions as applicable and prepare a Final Local Coastal Program reflective of any changes that result from the public hearing and local adoption process. Task 5. 1, Public Comment and Revision Summary Task 5.2, Final Local Coastal Program Preparation Task 5.3, Attend Planning Commission and City Council Hearings Task 6. Local Coastal Program Submittal to Coastal Commission (Not Funded by LCP Grant) The consultant will be tasked with preparing the Final Local Coastal Program 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 engage agencies and stakeholders, participant lists appearing at meeting hearings, all final documents and maps, a methodology demonstrating Coastal Act conformity, applicable environmental review documents, and a complete Local Coastal Program showing proposed zoning measures and implementation. Task 6. 1, Prepare Coastal Commission Application Task 6.2, Prepare and Compile All Requirements of Coastal Act Section 13519 Task 7. Coastal Commission Hearings — Post Grant Term (Not Funded by LCP Grant) The consultant shall provide technical support to assist the City throughout the review and certification process. The consultant(s) shall attend Coastal Commission hearings with City staff as necessary in order to support staff with technical questions raised by the Commission during said hearings. Task 7. 1, Attend Coastal Commission Hearings Task 7.2, Local Coastal Program Modifications — As Needed *:1:11-3111r_1 C. SCHEDULE City of Seal Beach LCP-19-10 Page 5 of 6 Project start/end dates: February 1, 2020 or upon grant execution- February 29, 2020 TASK TIMELINE Task 1: Kick Off and Coordination February 1 2020 or upon grant execution - February 29, 2020 Task 1.1: Kick Off Meeting February 1, 2020 or upon grant execution - February 29, 2020 Task 1.2: Coastal Commission Meeting February 1, 2020 or upon grant execution - February 29, 2020 Task 2: Land Use Plan - Finalization February 1, 2020 - May 31, 2020 Task 2.1: Commission staff review of Administrative Draft Land Use Plan February 1, 2020 -April 1, 2020 Task 2.2: Prepare Public Review Draft Land Use Plan April 1, 2020 -May -31,'2020 Task 3: Implementation Plan - Preparation and Finalization June 1, 2020 - February28, 2021 Task 3.1: Prepare Administrative Draft Implementation Plan June 1, 2020 - AuQust 30, 2020 Task 3.2: Community Outreach - Public Workshop & Website September 1, 2020 - September 30, 2020 Task 3.3: Commission staff review of Admin Draft Implementation Plan _ _ October 1, 2020 - December 31, 2020 Task 3.4: Prepare Public Review Draft Implementation Plan _ Janua 1, 2021 - February 28, 2021 Task 4: Public Review March 1, 2021 - May 30, 2021 Task 4.1: Public Review Local Coastal Program Circulation March 1, 2021 - April 1, 2021 Task 4.2: Planning Commission Study Sessions (2) March 1, 2021 - May 30, 2021 Task 4.3: City Council Study Sessions (2) March 1, 2021 - May 30, 2021 Task 5: Final Local Coastal Program Preparation and June 1, 2021 - September 30, 2021 June 1, 2021 - June 30, 2021 _Adoption Task 5.1: Public Comment and Revision Summary Task 5.2: Final Local Coastal Program June 1, 2021 - July 30, 2021 Task 5.3: Attend Planning Commission & City Council Hearings 0 2u21 August 1, 2021 - September 30, Task 6: Local Coastal Program Submittal to Coastal Commission October 1, 2021 - December 1, 2021 Task 6.1: Prepare Coastal Commission Application October 1, 2021 - December 1, 2021 Task 6.2: Prepare/Compile All Requirements of Coastal Act Section 13519 October 1, 2021 - December 1, 2021 Task 7: Coastal Commission Hearings - Post Grant Term Task 7.1: Attend Coastal Commission Hearings TDB Task 7.2: Local Coastal Program Modifications - As Needed TDB D. BENCHMARK SCHEDULE DELIVERABLE DEADLINE Kick -Off Meeting Agenda and Meeting Minutes Februaa 29, 2020 Coastal Commission Meeting Agenda and Meeting Minutes Februa 29, 2020 CCC Land Use Plan Review Period February 1, 2020 - April 1, 2020 Public Review Draft Land Use Plan May 31, 2020 Administrative Draft Implementation Plan August 30, 2020 Community Outreach Summa September 30, 2020 CCC Implementation Plan Review Period October 1 - December 31, 2020 Public Review Draft Implementation Plan February 28, 2021 City of Seal Beach LCP-19-10 Page 6 of 6 EXHIBIT A Notice of Public Review Period March 1, 2021 Study Session Meeting Notes May 30, 3021 Public Comment and Revision Summary June 30, 2021 Final Local Coastal Program July 30, 2021 Coastal Commission Local Coastal Program Certification Application December 1, 2021 City of Seal Beach LCP-19-10 Page 1 of 1 EXHIBIT Al DEFINITIONS 1. The term "Agreement"; this Grant Agreement. 2. The term "Budget Act"; the annual enacted version of the Budget Bill which makes appropriations for the support of the government of the State of California. 3. The term "Chief Deputy Director'; the Chief Deputy Director of the Commission. 4. The terms "Commission" or "Coastal Commission" and the acronym "CCC" all refer to the California Coastal Commission. 5. The term "Executive Director"; the Executive Director of the Commission. 6. The term "Grant" or "Grant Funds'; in the case of LCP grants, the money provided by the California Climate Investments program or, in the case of Public Education grants, sales and renewals of the WHALE TAO Specialty License Plate, or California's Voluntary Tax Check -Off Program, and administered by the Coastal Commission to the Grantee pursuant to this Agreement. 7. The term "Grant Manager"; the representative of the Commission with authorization per the Executive Director to administer and provide oversight of the Grant. 8. The term "Grantee"; an applicant who has a signed agreement for Grant Funds. 9. The term "Project"; the activity described under the Scope of Work, attached as EXHIBIT A, to be accomplished with Grant Funds. 10. The term "Project Budget"; the Commission approved cost estimate submitted to the Commission's Grant Manager for the Project. 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 the Scope of Work. The Project Budget must include the set administrative and indirect costs agreed upon by the Parties if applicable. 11. The term "Public Agency"; any State of California department or agency, a county, city, public district or public agency formed under California law. 12. The term "Scope of Work" refers to EXHIBIT A, including the approved Project Description, Tasks, and Schedules. 13. The term "Termination Date"; the date by which all activity for the project must be concluded, as specified in the signature page of this Agreement. Work performed after this date cannot be reimbursed. City of Seal Beach LCP-19-10 Page 1 of 2 Exhibit B BUDGET City of Seal Beach CCC Grant Total march/ Other Funds (Source #1) Total (LCP Grant Funds+Match/Other Funds) LABOR COSTS' County/City Staff Labor Task 1— Kick Off and Coordination -- -- $0 Task 2 — Land Use Plan Finalization -- -- $0 Task 3 — Implementation Plan — Preparation and Finalization _ $0 Task 4 — Public Review -- -- $0 Task 5 — Final Local Coastal Program Preparation and Adoption $0 Task 6 — Local Coastal Program Submittal to Coastal Commission _ - $0 Task 7 — Coastal Commission Hearings -- -- $0 Total Labor Costs $0 $0 $0 DIRECT COSTS County/City Staff Project Supplies Project Supplies $0 $4,500 $4,500 Total Project Supplies $0 $4,500 $4,500 County/City Staff Travel In State Mileage -- -- $0 Hotel, etc. -- -- $0 Total Travel In State $0 $0 $0 Consultants3 Task 1— Kick Off and Coordination $800 $1,400 $2,200 Task 2 — Land Use Plan Finalization $11,300 -- _ $11,300 Task 3 — Implementation Plan — Preparation and Finalization $23,200 $10,400 $33,600 Task 4 — Public Review. $14,700 -- $14,700 Task 5 — Final Local Coastal Program Preparation and Adoption -- $18,200 $18,200 Task 6 — Local Coastal Program Submittal to Coastal Commission -- $10,700 $10,700 Task 7 — Coastal Commission Hearings -- $9,400 $9,400 Total Consultants $50,000 $50,100 $100,100 'Amount requested should include total for salary and benefits. 2 Travel reimbursement rates are the same as similarly situated state employees. 3 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws. City of Seal Beach LCP-19-10 Page 2 of 2 Exhibit B ' Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposedproject but not directly srq j bii it. Amount requestedfor indirect costs should be capped at 10% of amount requested for "Total Labor. " Match/ Total City of Seal Beach CCC Grant total Other Funds (LCP Grant Funds + Match/Other (Source #1) Funds) Total Direct Costs $50,000 $54,600 $104,600 OVERHEAD/INDIRECT _; COSTS" Total County/City Staff $0 Overhead/Indirect Costs TOTAL PROJECT COST $50,000 $54,600 $104,600 ' Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposedproject but not directly srq j bii it. Amount requestedfor indirect costs should be capped at 10% of amount requested for "Total Labor. " EXHIBIT B1 BUDGET DETAIL AND PAYMENT PROVISIONS (Local Coastal Programs) 1. Request for Funds City of Seal Beach LCP-19-10 Page 1 of 3 A. For performance of activities satisfactorily rendered during the term of this Agreement (as specified in EXHIBITS A and B), 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: Tamara Doan (LCP Grant Coordinator) Statewide Planning Division 725 Front Street, Suite 300 Santa Cruz, CA 95060 C. Each RFF form shall contain the following information: 1. Grantee's name and address as shown in this Agreement. 2. Invoice number and date of the RFF 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 A. 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 B), 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 including the cumulative expenditures to date, the expenditures during the reporting period, and the unexpended balance of funds under this Agreement. 8. The total amount of all other funds, including matching funds, under the Grantee Matching Funds section of the RFF. City of Seal Beach LCP-19-10 Page 2of3 EXHIBIT B1 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.). Progress reports must be submitted no less frequently than on a quarterly basis, even if an RFF is not submitted. If applicable, the Grantee must submit GGRF-related reporting materials, as required under "CALIFORNIA CLIMATE INVESTMENTS REPORTING" (under EXHIBIT D1). 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. 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 and will withhold payment until all required information is received or corrected. In the case of non-compliance, the Commission will issue a formal Invoice Dispute Notification [STD (209)] and take necessary action in resolving any disputed matter(s). 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. The Grantee shall expend Grant Funds in the manner described in the Scope of Work and Project Budget 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 first 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. EXHIBIT B1 2. Budget Contingency Clause City of Seal Beach LCP-19-10 Page 3of3 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 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 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. 3. Prompt Payment Clause Payment will be made no later than 45 days following receipt of properly submitted, undisputed invoices except as otherwise set forth in, and in each case in accordance with, the California Prompt Payment Act, Government Code section 927, et seq. City of Seal Beach LCP-19-10 Page 1 of 4 EXHIBIT C GENERAL TERMS AND CONDITIONS 1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the California Coastal Commission. Grantee may not commence performance until such approval has been obtained. 2. 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 by email or letter. The Grantee shall strive to make requests immediately upon discovering that an amendment may be needed. No oral understanding or agreement not incorporated into the Agreement in writing is binding on the parties. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Scope of Work (EXHIBIT A) and Project Budget (EXHIBIT B) approved by the Commission. In any event, the total amount of the Grant Funds may not be modified, except by written amendment to this Agreement. Any subsequent changes or additions to the Scope of Work and Project Budget approved by the Commission in writing are hereby incorporated by reference to this Agreement as though set forth in full in this Agreement. Changes to the grant term and/or the total amount of Grant Funds will require a formal amendment, while changes to Scope of Work (EXHIBT A) and the Project Budget (EXHIBIT B) may be done through an informal amendment, found in EXHIBIT F. 3. 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 or informal written amendment. 4. 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. 5. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. City of Seal Beach LCP-19-10 Page 2 of 4 EXHIBIT C 6. NO CREATION OF AGENT RELATIONSHIP: 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. 7. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Grantee and its consultants, subconsultants 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. 8. CERTIFICATION CLAUSES: The GRANTEE CERTIFICATION CLAUSES contained in the document GCC -1/2019 are hereby incorporated by reference and made a part of this Agreement (EXHIBIT E) by this reference as if attached hereto. 9. TIMELINESS: Time is of the essence in this Agreement. 10. 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. 11. GOVERNING LAW: This agreement is governed by and shall be interpreted in accordance with the laws of the State of California. 12.ANTITRUST CLAIMS: The Grantee by signing this agreement hereby certifies that if services or goods are obtained through a public purchase 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: City of Seal Beach LCP-19-10 Page 3 of 4 EXHIBIT C 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 assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554. 13. 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 City of Seal Beach LCP-19-10 Page 4 of 4 EXHIBIT C 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. 14. 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. 15. 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. 16.AUDIT REQUIREMENTS AND FINANCIAL RECORDI{EEPING: Commission projects are subject to audit by the State annually and for three (3) years following the payment of Grant Funds. Accordingly, Grantee shall maintain orderly, accurate and complete documents and records of all financial accounts,` costs, disbursements, receipts and other matters relating to this Agreement consistent with the policies outlined in 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 Project Budget 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. EXHIBIT D Special Terms and Conditions 1. PROJECT EXECUTION: City of Seal Beach LCP-19-10 Page 1 of 4 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 of $50,000 (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 A and the Project Budget pursuant to EXHIBIT B. Changes in the Scope of Work or Project Budget must continue to ensure timely and effective completion of the Project, including where applicable a new or updated Local Coastal Program for certification by the Commission. Any modification or alteration in the Scope of Work or Project Budget on file with the Commission must be submitted to the Commission for approval. Changes to the Scope of Work or Project Budget shall require an amendment to this Agreement (see "Amendments" under EXHIBIT C). D. Grantee shall furnish any and all additional funds that may be necessary to complete the Project. E. As applicable, 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, WHALE TAIL® Grants, grants previously awarded by the Coastal Commission, grants awarded by the Ocean Protection Council as well as grants awarded by the State Coastal Conservancy. F. Final invoicing shall be submitted promptly following the termination date of the grant or upon a date mutually agreed upon by the Grantee and the Grant Manager. G. Grantee certifies that the Project does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, the California Coastal Act, health and safety codes, and disabled access laws. 2. POTENTIAL CONS ULTANTSICONTRACTORS City of Seal Beach LCP-19-10 Page 2 of 4 EXHIBIT D 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 Grant Project terms that preserve the rights, interests, and obligations for the benefit of the Commission and its funding sources as described in EXHIBIT C ("General Terms and Conditions") and EXHIBIT D/D1/D2 ("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, prior to executing an agreement for services, the Grantee shall inform the Grant Manager of the selection of the third party. Grantees seeking contractors and/or consultants under this Agreement should select those contractors/consultants pursuant to a competitive bidding process if services exceed the amount of $2,500.00. In the absence of bidding, adequate justification must be provided. 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. All consultants and subcontractors are subject to all terms and conditions of this agreement in accordance to the California State Contracting Manual. Consultants seeking travel reimbursement see "Travel Reimbursement" clause below. 3. 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. Grantees shall ensure that travel and related expenses, including Grantee's consultant and subconsultant travel and related City of Seal Beach LCP-19-10 Page 3 of 4 EXHIBIT D expenses, submitted to the Commission for reimbursement, do not exceed the State rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations, unless prior written approval permitting the expenses to be in excess of state rates was obtained, as noted above. 4. 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). Grantees purchasing any articles, supplies, or equipment under this Agreement exceeding the cost of $2,500.00 per purchase order shall select those items pursuant to a process that seeks three competitive quotations. In the absence of bidding adequate justification must be provided. 5. 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 be resolved at this level, the Grantee shall follow the following procedures: If the issue cannot be resolved directly with the Grant Manager, the Grantee shall submit, in writing, a grievance report together with any evidence to the Chief Deputy Director of the Commission. The grievance report must state the issues in the dispute, the legal authority, or other basis for the Grantee's position and the remedy sought. Within ten (10) days after receipt of the grievance report, the Chief Deputy Director, or his/her designee, shall meet in person or via phone with the Grantee and the Grant Manager for purposes of resolving the dispute. The decision of the Chief Deputy Director following such a meeting shall be final. 6. 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. 7. REALLOCATION OF FUNDS If Grantee fails to meet the performance criteria and/or Benchmarks in this Agreement, the Executive Director or his designee may immediately upon written notice cancel this Agreement or request to amend the Agreement, and as feasible, re -allocate any City of Seal Beach LCP-19-10 Page 4of4 EXHIBIT D 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. 8. SURVIVAL The obligations in the "INDEMNIFICATION" and "AUDIT REQUIREMENTS AND FINANCIAL RECORDKEEPING "clauses of the General Terms and Conditions (EXHIBIT C), and in the "ACKNOWLEDGMENT" and "WORK PRODUCT" clauses in the Special Terms and Conditions (EXHIBIT DI), as well as any other provisions in this Agreement that by their nature are intended to survive termination or expiration, shall survive the termination of this Agreement. 9. 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. 10. 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. City of Seal Beach LCP-19-10 Page 1 of 10 EXHIBIT 131 Local Coastal Program (LCP) Terms and Conditions Definitions The terms "Air Resources Board", "California Air Resources Board", or the acronym "CARB" refer to the California Air Resources Board. 2. The term "Benchmark"; specific tasks or project deliverables identified in the Scope of Work as approved by the Commission. 3. The term "California Climate Investments" or the acronym "CCI" all refer to the California Climate Investments program, a statewide initiative that puts billions of Cap -and -Trade dollars to work reducing greenhouse gas emissions, strengthening the economy, and improving public health and the environment — particularly in disadvantaged communities. https:l/ww2.arb.cafg❑v1❑ur- worlrlpmgremslcalifornia-climate-investments. 4. The term "Disadvantaged Community" refers to communities identified by the California Environmental Protection Agency as the top 25% most impacted census tracts in CalEnviroScreen 3.0, a screening tool used to help identify communities disproportionally burdened by multiple sources of pollution and with population characteristics that make them more sensitive to pollution. ha2s:I1oehha.ca.qovlcalenviroscreenlreporticatenviroscreen-30 and https:IAvww.arb.ca.qovlccicapendtradelecictionproceedslcommunityinvestments 17tri7 5. The term "Greenhouse Gas Reduction Fund" or the acronym "GGRF" all refer to the Greenhouse Gas Reduction Fund. https:IAvww, arb. ca, aovlccica aandtradelauctionoroceedsl2018-fandnig- cruidelines.ndf? ga=2.117664137.1287993031.1543248408-696453445.1536613225. 6. The term "LCP" refers to Local Coastal Program. 7. The term "Local Coastal Program Local Assistance Grant Program" refers to the Coastal Commission's grant program to support local governments in planning for sea level rise and climate change, and developing new or updating existing Local Coastal Programs (LCP), consistent with the California Coastal Act. CA Code of Reg. Title 14 Division 5.5 Ch. 8 Sub. 2 8. The term "Low -Income Community" refers to communities and households that are found within census tracts and households, respectively, that are either at or below 80 percent of the statewide median income, or at or below the threshold designated as low-income by the California Department of Housing and Community Development's adopted list of state income limits. h1tps.,1A.vww. aril. ca._qovlccicapandtradelauctionproceedslcornm[lnrtyinyestments. htm City of Seal Beach LCP-19-10 Page 2 of 10 EXHIBIT D1 9. The term "Materials"; all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement and are identified as "deliverables" in the Scope of Work of this Grant Agreement. 10. The term "Other Sources of Funds" ; cash or in-kind contributions that are required or used to complete the Project beyond the Grant Funds provided by this Agreement. 11. 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. GC Titre 2. Government of the Statute of CA [8000-22980], Division 4. Fiscal Affairs (16100-1777], Part 2. State Funds (16300-16649.95], Ch. 1.16314 12. The term "Request for Funds Form" or "RFF Form"; the form that will be submitted requesting payment and which is described in EXHIBIT B1. 13. 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. 14. 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. 15. The term "Round 3" refers to the Commission's third round of LCP grant funding that commenced in Fiscal Year 2016-2017 under the Local Coastal Program Local Assistance Grant Program. 16. The term "Round 4" refers to the Commission's fourth round of LCP grant funding that commenced in Fiscal Year 2017-2018 under the Local Coastal Program Local Assistance Grant Program. 17. The term "Round 5" refers to the Commission's fifth round of LCP grant funding that commenced in Fiscal Year 2018-2019 under the Local Coastal Program Local Assistance Grant Program. 18. The term "Round 6" refers to the Commission's sixth and current round of LCP grant funding that commenced in Fiscal Year 2019-2020 under the Local Coastal Program Local Assistance Grant Program. City of Seal Beach LCP-19-10 Page 3 of 10 EXHIBIT D1 19. The term "Sea Level Rise Guidance" refers to the Coastal Commission's sea level rise guidance document adopted in August 2015 and updated in 2018. 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. LCP Terms and Conditions PURPOSE OF GRANT FUNDING Grant funds shall be used to fulfill the goals of the California Climate Investments program, including planning for strategies to reduce greenhouse gas emissions, adapt to the impacts of climate change, and maximize benefits to disadvantaged and low- income communities. 2. ACKNOWLEDGEMENT In order to acknowledge the Commission's and the California Climate Investments' support of the project, the Commission's and the California Climate Investments' name and logo shall be included in a prominent location in all materials related to the LCP Grant Project, including, but not limited to: Grantee reports or website postings about the grant program; draft and final work products, such as vulnerability assessments, adaptation plans, land use plans and implementation plans; and public outreach -related materials, including workshop announcements, press releases, contacts with the media, signage, invitations, and other media -related and public outreach products. The email info caclimate investments.ca. ov shall be included on any distribution lists and @CAClimatelnvest shall be posted on websites. The Grantee shall use the following standard funding language on websites and in announcements, press releases, and publications: The City of Seal Beach Comprehensive Local Coastal Program Update is part of California Climate Investments, a statewide program that puts billions of Cap -and -Trade dollars to work reducing GHG emissions, strengthening the economy, and improving public health and the environment—particularly in disadvantaged communities. The Cap - and -Trade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investments projects include affordable housing, renewable energy, public transportation, zero -emission vehicles, environmental restoration, more sustainable agriculture, recycling, and much more. At least 35 percent of these investments are located within and benefiting residents of disadvantaged communities, low-income communities, and low-income households across California. For more information, visit the California Climate Investments website at.www.caclimatein vestments. ca. go v. City of Seal Beach LCP-19-10 Page 4 of 10 EXHIBIT D1 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 California Climate Investments as third -party beneficiaries of those provisions. The Commission and the California Climate Investments shall have the right to republish any material generated as a result of this Agreement. 3. 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 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 materials are subject to the unqualified and unconditional rights of the Commission and the California Climate Investments as set forth in this section. The Commission and California Climate Investments 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 California Climate Investments are 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 request. 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. City of Seal Beach LCP-19-10 Page 5 of 10 *:1:IW11d9S The Grantee agrees to include in any agreement with any consultant and/or subconsultant under the Grant Project terms that preserve the rights, interests, and obligations created by this section, and that identify the Commission and the California Climate Investments as third -party beneficiaries of those provisions. 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 reports, and participation in stakeholder advisory groups, as feasible, to ensure timely and successful completion of the Project. 4. PUBLIC ENGAGEMENT Public outreach shall target all interested members of the public, including visitors and other non-residents to the maximum extent feasible for the purpose of meaningful engagement in policy development, technical studies, and other tasks conducted pursuant to the grant Project. All public outreach activities related to the Project shall, to the maximum extent feasible, proactively engage those who already face disproportionate environmental burdens or vulnerabilities to environmental hazards, and/or those who come from communities of existing social inequalities, including members of the public and organizations from the following communities: disadvantaged communities, communities of color and/or low income, communities with low capacity to adapt to climate change, and communities not in close proximity to the shoreline but who visit and recreate there. Outreach activities shall seek to provide maximum opportunities for these groups to engage with and provide input on the tasks of the Project. 5. 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. 6. DIGITAL AND PAPER SUBMITTAL OF MATERIALS 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 and maps in both paper and editable digital format to the Coastal Commission. 7. INSURANCE City of Seal Beach LCP-19-10 Page 6 of 10 EXHIBIT D1 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. B. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than: General Liability: $1,000,000 per occurrence for bodily injury, personal (Including injury and property damage. If Commercial General operations, Liability Insurance or other form with a general products and aggregate limit is used, either the general aggregate completed limit shall apply separately to the activities under this operations, as Agreement or the general aggregate limit shall be twice applicable) the required occurrence limit. 2. Automobile $1,000,000 per accident for bodily injury and property City of Seal Beach LCP-19-10 Page 7 of 10 EXHIBIT D1 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. G. Premiums and Assessments. The Commission is not responsible for premiums and assessments on any insurance policy 8. CALIFORNIA CLIMATE INVESTMENTS REPORTING Upon request by the Grant Manager and in accordance with the reporting requirements under EXHIBIT B1, the Grantee shall complete and submit to the Commission the following reporting templates for the purpose of reporting under the California Climate City of Seal Beach LCP-19-10 Page 8 of 10 EXHIBIT D1 Investments program: Co -Benefit Assessment Methodologies for the purpose of estimating economic, environmental, and public health benefits of the project; Greenhouse Gas Emissions Reduction Assessment Methodologies for the purpose of estimating reductions to greenhouse gas emissions attributed to the project; and Evaluation Criteria for the purpose of identifying direct, meaningful, and assured benefits that the project provides to disadvantaged and low-income communities (also known as priority populations as defined by the California Climate Investments Program). All Assessment Methodology templates and Evaluation Criteria templates shall be provided by the Commission to the Grantee to complete and submit to the Commission, as required herein. The Commission retains the right to request submittal of additional, supporting information related to the reporting requirements herein. 9. 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. 10. VULNERABILITY ASSESSMENTS In addition to the general recommendations contained within the Coastal 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, (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, (6) incorporation of the subject of environmental justice by, to the extent feasible, analyzing the differential impacts of sea level rise upon various demographics and community groups, and (7) consideration of the latest reports on sea level rise science and recommendations from the state of California, including Rising Seas in California (Griggs et al. 2017),6 the most recently adopted update to the State Sea Level Rise Guidance, and the most recent version of the Safequardinq California Pian'. These scenarios and topics should be modelled or quantitatively analyzed where feasible and applicable, or at a minimum thoroughly s California Coastal Commission Sea Level Rise Policy Guidance 2018. Available. htrps:llducrrnrents.coastal.ca.govlassets4shlguidurrce12DI8/0 Fu!! 2013,4doptedSLRGuidynceUpdate.pdf a California Ocean Protection Council Science Advisory Team Working Group 2017. Available: hap:llwww.oac.ca.govlwebmasteif g� gdfldocslrising-.seas-ire-catfopwia-an-aWdatc-on-sea level rise-science,g Accessed 28 July 2017. Safeguarding California Plan: 2018 Update. litt ://resntirces.ca. ov/docs/climate/safe *u,�irdin u ate2Ol8/safe uardin-california- Ian -2018-u nate. df Accessed 17 December 2018. City of Seal Beach LCP-19-10 Page 9 of 10 EXHIBIT D1 discussed in a qualitative manner. Scenarios analyzed should include Medium-high Risk Aversion and Extreme Risk Aversion scenarios per the 2018 Ocean Protection Council Guidance and the Coastal Commission's Sea Level Rise Policy Guidance Update adopted November 2018, which both provide recommendations to aid in planning and understanding the worst-case scenario for projected time horizons. 11. 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. Entities working on sea level rise projects include, but are not limited to, the State Coastal Conservancy, the Ocean Protection Council, The Nature Conservancy, NOAA, and USGS. Coordination includes early coordination meetings among the different entities, sharing of technical analyses and lessons learned as well as consideration of regional adaptation policies, and development of LCP policies. 12. 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. 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. City of Seal Beach LCP-19-10 Page 10 of 10 EXHIBIT D1' 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. 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. EXHIBIT E CERTIFICATION (GCC -112019) City of Seal Beach LCP-19-10 Page 1 of 5 The Grantee's signor CERTFIES UNDER PENALTY OF PERJURY that they are duly authorized to legally bind the Grantee to the clauses below. This certification is made under the laws of the State of California. 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 11102) (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 specifying 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: (1) the Grantee has made false certification, or (2) violated the certification by failing to carry out the requirements as noted above. (Gov. Code §8350 et seq.) 3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: Grantee certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has City of Seal Beach LCP-19-10 Page 2 of 5 EXHIBIT E been issued against Grantee within the immediately preceding two-year period because of Grantee's failure to comply with an order of a Federal court which orders Grantee to comply with an order of the National Labor Relations Board. (PCC 10296) (Not applicable to public entities.) 4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: Grantee hereby certifies that Grantee will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003. Grantee agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm's offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State. Failure to make a good faith effort may be cause for non -renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services. 5. EXPATRIATE CORPORATIONS: Grantee hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California. 6. SWEATFREE CODE OF CONDUCT: a. All Grantees contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The Grantee further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.qov, and Public Contract Code Section 6108. b. The Grantee agrees to cooperate fully in providing reasonable access to Grantee records, documents, agents or employees, or premises if reasonably required by authorized officials of the Coastal Commission, the Department of Industrial Relations, City of Seal Beach LCP-19-10 Page 3 of 5 EXHIBIT E or the Department of Justice to determine Grantee compliance with the requirements under paragraph (a). 7. DOMESTIC PARTNERS: For Grantee Agreements of $100,000 or more, Grantee certifies that the Grantee and/or its subcontractors/consultants are in compliance with Public Contract Code section 10295.3. 8. GENDER IDENTITY: For Grantee Agreements of $100,000 or more, Grantee certifies that Grantee is in compliance with Public Contract Code section 10295.35. DOING BUSINESS WITH THE STATE OF CALIFORNIA The following laws apply to persons or entities doing business with the State of California. 1. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. 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 Grantee 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 a contract 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 a contract 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 contract within the 12 -month period prior to his or her leaving state service. City of Seal Beach LCP-19-10 Page 4 of 5 EXHIBIT E If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (PCC 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. (PCC 10430 (e)) 2. 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) 3. 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.) 4. 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. 5. 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. 6. 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. City of Seal Beach LCP-19-10 Page 5 of 5 EXHIBIT E 7. 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. 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other government entity. EXHIBIT F INFORMAL AMENDMENT Amendment to 1. This amendment (the "Amendment") is made by parties to the agreement "Agreement"). 2. As of date , the Agreement is amended as follows: City of Seal Beach LCP-19-10 Page 1 of 1 and dated (the 3. Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is conflict between this amendment and the Agreement or any earlier amendment, the terms of this amendment will prevail. Signed and Agreed: Representative of By: Printed Name: Title: Dated: Representative of Coastal Commission: By - Printed Name: Title: Dated: Certificate Of Completion Envelope Id: DDC32EBF27DE4F65ODF2914F6CA12D3E Subject: Please DocuSign: PENDING Grant Agreement LCP-19-10 City of Seal Beach Source Envelope: Document Pages: 37 Signatures: 1 Certificate Pages: 5 Initlals: 0 AutoNav: Enabled Envelopeld Stamping: Disabled Time Zone: (UTC -08:00) Pacific Time (US & Canada) Record Tracking Status: Original 4/9/2020 10:53:12 AM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Jill Ingram Jfngram@sealbeachca.gov City Manager Security Level: Email, Account Authentication (None) Holder: Cristina Collins Cdstlna,Collins@coastal.ca.gov Pool: StateLocel Pool: Coastal Commission, California Signature ,'iu. lInfm Signature Adoption: Pre -selected Style Using IP Address: 24.43.93.199 Electronic Record and Signature Disclosure: Accepted: 5113/2020 12:05:32 PM ID: 89073f50-9d2e-45x3-b1 b2-aef9a39ed870 In Person Signer Events Signature Editor Delivery Events Status Agent Delivery Events Status intermediary Delivery Events Status Certified Delivery Events Status Carbon Copy Events Status Tamara Doan Tamara.Doan@coastal.ca.gov V l G V Coastal Analyst California Coastal Commission Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature - Notary Events AlSignature Envelope Summary Events Status Docu 'V:11 lip ,4 Status: Completed Envelope Originator: Cristina Collins 11493 Sunset Hills Rd Suite 100 Reston, VA 20190 Cristlna.Collins®coastal.ca.gov IP Address: 134.186.64.151 Location: DocuSign Location: DocuSign Timestamp Sent: 4/9/2020 11:34:51 AM Resent: 5/8/2020 3:52:22 PM Resent: 5/12/2020 2:06:35 PM Viewed: 5/1312020 12:05:32 PM Signed: 5/2112020 4:00:16 PM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 4/9/2020 11:34:51 AM Viewed: 4/9/2020 11:42:48 AM Tlmestamp Timestamp Timestamps MM Envelope Summary Events Status Timestamps Envelope Sent HashedlEncrypled 5/12/2020 2:06:35 PM Certified Delivered Security Checked 5113/2020 12:05:33 PM Signing Complete Security Checked 5121/2020 4:00:16 PM Completed Security Checked 5121/2020 4:00:16 PM Payment Events Status a .. f: : - ., Timesta n s ...mss.. i.:. • �.raic=tea.: :.J. �:�e w�.: n..::c,�'u� - Electronic Record and Signature Disclosure."