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HomeMy WebLinkAboutAGMT - California Coastal Conservancy (Environmental Coastal Water Quality)STATE OF CALIFORNIA CONTRACTOR State Coastal Conservancy CONTRACTOR (II other than an ndkidua( stale w#..Uw a corporation, pnh+Nahj, ..) City of Se j Beach (At►THDRIZEaD SIGNA77,- � BY ( D • INTO NAME OF - �-.... NG William Ahern PRI t om E ' TRLE • PERSON SIGNNG Joh. 'ahorski, City Manager • Executive Officer ,D. ;, 211 8th St.,Seal Beach, CA 90740 • ENCUMBERED BY THIS •• ENT $ 150,000.00 PROGRAMICATEGORY (CODE AND TITLE) Capital Outlay FUND TTTLE — eneral Fund Department of General Services Use Only i Certify that this grant agreement/. is exempt from department of General Services approval. / / (OPTIONAL USE) Seal Beach Ocean Water Quality Program RIOR AMOUNT ENCUMBERED FOR IS CONTRACT $ 0 REM 3760 - 302 -0001 (B) CHAPTER 50 STATUTE 1999 FISCAL YEAR 1999/00 +T AMOUNT ENCUMBERED TO ATE E $ 150,000.00 oaJECT of EXPENDITURE (CODE AND TITLE) Enhancement Coastal Water quality I hereby certify upon my own persona( knowledge that !negated funds are available for the period and purpose of the expenditure stated above. T.B.A. NO. B.R. NO. TORE • OF ACCOUNTNG •li'.- OFFICER • DATE 6 0I b 1 p CONTRACTOR ;TANDARD AGREEMENT TD. 2(REV.5.918' APPROVED BY THE ATr -nINEY GENERAL t en-enact- Di2 /Pie al 4 Cteutiiet( f.'.htef:te!,:ttst. CONTRACT NUMBER 00 -163 AM. NO. TAXPAYERS FEDERAL EMPLOYER IDEHTlFICATION NUMBER HIS AGREEMENT, made and entered into this f day of j 95-6000794 1 the State of California, by and between State of California, through its duly el or appointed, qualified and acting ITLE CF OFFICER ACTNG FOR STATE Executive Officer AGENCY State Coastal Conservancy oNTRACTOFPS NAME City of Seal Beach , hereafter called the State, and , hereafter called the Contractor. VITNESSETH: That the Contractor for and in consideration of the covenants, conditions, agreements, and stipulations of the State hereinafter expressed, oes hereby agree to furnish to the State services and materials as follows: (Set forth service to be rendered by Contractor, amount to be paid Contractor, ime for performance or completion, and attach plans and specifications, if any.) SCOPE OF AGREEMENT Pursuant to Chapter 6 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ( "the Conservancy") hereby grants to the City of Seal Beach ( "the grantee ") a sum not to exceed one hundred fifty thousand dollars ($150,000), subject to the terms and conditions of this agreement. These funds shall be used by the grantee to prepare an Ocean Water Quality Program for the City of Seal Beach as shown on Exhibit A, which is incorporated by reference and attached. The grantee shall carry out the project in accordance with this agreement and a work program to be approved by the Executive Officer of the Conservancy ( "the Executive Officer ") pursuant to this agreement. :ONTINUED QN SHEETS, EACH BEARING NAME OF CONTRACTOR AND CONTRACT NUMBER. " The provisions on the reverse side hereof constitute a part of this agreement Y WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written. STATE AGENCY 0 DEPT. OF GEN. SER. ❑ CONTROLLER a City of Seal Beach Grant Agreement No. 00 -163 Page 2 CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT The grantee shall not commence the project and the Conservancy shall not be obligated to disburse any funds under this agreement unless and until the following conditions precedent have been met: 1. A resolution has been adopted by the City Council of the grantee authorizing the execution of this agreement and approving its terms and conditions. 2. The Executive Officer has approved in writing: a. The work program for the project. b. All contractors that the grantee intends to employ in connection with the project. TERM OF AGREEMENT This agreement shall be deemed executed and effective when signed by both parties and received in the office of the Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" section of this agreement. An authorized representative of the grantee shall sign the first page of the originals of this agreement in ink. This agreement shall run from its effective date through September 30, 2002 ( "the termination date ") unless otherwise terminated or amended as provided in this agreement. However, all work shall be completed by June 30, 2002 ( "the completion date "). AUTHORIZATION The signature of the Executive Officer of the Conservancy on this agreement certifies that at its February 22, 2001 meeting, the Conservancy adopted the resolution included in the staff recommendation attached as Exhibit A. This agreement is executed pursuant to that authorization. City of Seal Beach Grant Agreement No. 00 -163 Page 3 Standard Provisions WORK PROGRAM Prior to commencement of the project, the grantee shall submit a detailed work program to the Executive Officer for review and written approval as to its consistency with the terms of this agreement. The work program shall include: 1. The specific tasks to be performed. 2. A schedule of completion for the project, specifically listing the completion date for each project component and a final project completion date. 3. A detailed project budget. The project budget shall describe all labor and materials costs to be incurred to complete each component of the project. For each project component, the project budget shall list all intended funding sources including the Conservancy's grant, and all other sources of monies, materials, or labor. If all or part of the project to be funded under this agreement will be performed by third parties ( "contractors ") under contract with the grantee, then the grantee shall, prior to initiating any request for contractor bids, submit the bid package for review and written approval of the Executive Officer. Upon approval by the Executive Officer, the grantee shall proceed with the bidding process. Prior to final selection, the grantee shall submit to the Executive Officer for written approval the names of all contractors that the grantee intends to hire. The grantee shall then comply with the above paragraph regarding submission and approval of a work program prior to implementation. The work program shall have the same effect as if included in the text of this agreement. However, the work program may be modified without amendment of this agreement upon the grantee's submission of a modified work program and the Executive Officer's written approval of it. If this agreement and the work program are inconsistent, the agreement shall control. The grantee shall carry out the project in accordance with the approved work program. COORDINATION AND MEETINGS The grantee shall coordinate closely with Conservancy staff and other involved entities, including local, state and federal agencies, and shall participate in meetings and other communications as necessary to ensure coordination. City of Seal Beach Grant Agreement No. 00 -163 Page 4 WORK PRODUCTS All materials and work products produced by the grantee as a result of this agreement are the property of the Conservancy. COSTS AND DISBURSEMENTS Upon determination by the Conservancy that all "CONDITIONS PRECEDENT TO COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, the Conservancy shall disburse to the grantee, in accordance with the approved project budget, a total amount not to exceed the amount of this grant, as follows: Disbursements shall be made on the basis of costs incurred to date, less ten percent, upon the grantee's satisfactory progress in accordance with the approved work program and upon submission of a "Request for Disbursement" form, which shall be submitted no more frequently than monthly but no less frequently than quarterly. Disbursement of the ten percent withheld shall be made upon (1) the grantee's satisfactory completion of the project, compliance with the "PROJECT COMPLETION" section of this agreement, and submission of a fully executed final "Request for Disbursement" form; and (2) the Conservancy's acceptance of the project. The grantee shall request disbursements by filing with the Conservancy fully executed "Request for Disbursement" forms (available from the Conservancy). The grantee shall include in the forms its name and address, the number of this agreement, the date of the submission, the amount of the invoice, the period during which the work was actually done, and an itemized description, including time, materials, and expenses incurred, of all work done for which disbursement is requested. The forms shall also indicate cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement. The forms shall be signed by an authorized representative of the grantee. Each form shall be accompanied by any supporting invoices or other source documents from contractors that the grantee engaged to complete any portion of the work funded under this agreement, and by written substantiation of completion of the portion of the project for which disbursement is requested. With each form, the grantee shall submit a supporting progress report summarizing the current status of the work and comparing it to the status required by the work program (budget, timeline, tasks, etc.). Failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, will relieve the Conservancy of its obligation to disburse funds to the grantee unless and until all deficiencies are rectified. City of Seal Beach Grant Agreement No. 00 -163 Page 5 EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET ITEMS The grantee shall expend funds in the manner described in the approved project budget. The allocation of the Conservancy's total grant among the items in the project budget may vary by as much as ten percent without approval by the Executive Officer. Any difference of more than ten percent must be approved in writing by the Executive Officer. The Conservancy may withhold payment for changes in particular budget items which exceed the amount allocated in the project budget by more than ten percent and which have not received the approval required above. The total amount of this grant may not be increased except by amendment to this agreement. Any increase in the funding for any particular budget item shall mean a decrease in the funding for one or more other budget items unless there is a written amendment to this agreement. PROJECT COMPLETION The grantee shall complete the project by the completion date provided in the "TERM OF AGREEMENT" section, above. Upon completion of the project, the grantee shall supply the Conservancy with evidence of completion by submitting: (1) the Ocean Water Quality Program and any other work products specified in the work program for the project; and (2) a fully executed final "Request for Disbursement" form. Within thirty days of grantee's compliance with this paragraph, the Conservancy shall determine whether the project has been satisfactorily completed. If the Conservancy determines that the project has been satisfactorily completed, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project shall be deemed complete as of the date of the letter of acceptance. EARLY TERMINATION AND FAILURE TO PERFORM Prior to the completion of the project, either party may terminate this agreement for any reason by providing the other party with seven days notice in writing. If the Conservancy terminates the agreement prior to the completion of the project, the grantee shall take all reasonable measures to prevent further costs to the Conservancy under this agreement, and the Conservancy shall be responsible for any reasonable and non - cancelable obligations incurred by the grantee in the performance of this agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this agreement. City of Seal Beach Grant Agreement No. 00 -163 Page 6 EARLY TERMINATION AND FAILURE TO PERFORM (Continued) If the grantee fails to complete the project in accordance with this agreement, or fails to fulfill any other obligations of this agreement prior to the termination date, the grantee shall be liable for immediate repayment to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed. This paragraph shall not be deemed to limit any other remedies the Conservancy may have for breach of this agreement. LIABILITY The grantee shall be responsible for, indemnify and save harmless the Conservancy, its officers, agents and employees, from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in any way connected with or incident to this agreement, except for active negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to indemnify and save harmless includes the duty to defend as set forth in Civil Code Section 2778. This agreement supersedes the grantee's right as a public entity to indemnity (see Gov. Code Section 895.2) and contribution (see Gov. Code Section 895.6) as set forth in Gov. Code Section 895.4. The grantee waives any and all rights to any type of express or implied indemnity or right of contribution from the State, its officers, agents or employees, for any liability resulting from growing out of, or in any way connected with or incident to this agreement. Nothing in this agreement is intended to create in the public or any member of it rights as a third party beneficiary under this agreement. AUDITS /ACCOUNTING /RECORDS The grantee shall maintain financial accounts, documents, and records (collectively, "records ") relating to this agreement, in accordance with the guidelines of "Generally Accepted Accounting Practices" ( "GAAP ") published by the American Institute of Certified Public Accountants. The records shall include, without limitation, evidence sufficient to reflect properly the amount, receipt, deposit, and disbursement of all funds related to work under the agreement. Time and effort reports are also required. The grantee shall maintain adequate supporting records in a manner that permits tracing from the request for disbursement forms to the accounting records and to the supporting documentation. City of Seal Beach Grant Agreement No. 00 -163 Page 7 AUDITS /ACCOUNTING/RECORDS (Continued) Additionally, the Conservancy or its agents may review, obtain, and copy all records relating to performance of the agreement. The grantee shall provide the Conservancy or its agents with any relevant information requested and shall permit the Conservancy or its agents access to the grantee's premises upon reasonable notice, during normal business hours, to interview employees and inspect and copy books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this agreement and any applicable laws and regulations. The grantee shall retain the required records for a minimum of three years following final disbursement by the Conservancy. The records shall be subject to examination and audit by the Conservancy and the Bureau of State Audits during the retention period. If the grantee retains any contractors to accomplish any of the work of this agreement, the grantee shall first enter into an agreement with each contractor requiring the contractor to meet the terms of this section and to make the terms applicable to all subcontractors. The Conservancy may disallow all or part of the cost of any activity or action that it determines to be not in compliance with the requirements of this agreement. COMPUTER SOFTWARE The contractor certifies that it has instituted and will employ systems and controls appropriate to ensure that, in the performance of this contract, state funds will not be used for the acquisition, operation or maintenance of computer software in violation of copyright laws. NONDISCRIMINATION During the performance of this agreement, the grantee and its contractors shall not unlawfully discriminate against, harass, or allow harassment against any employee or applicant for employment because of sex, race, religion, color, national origin, ancestry, disability, medical condition, marital status, age (over 40) or denial of family -care leave, medical -care leave, or pregnancy - disability leave. The grantee and its contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination and harassment. The grantee and its contractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et seq.) and the applicable regulations (California • City of Seal Beach Grant Agreement No. 00 -163 Page 8 NONDISCRIMINATION (Continued) Code of Regulations, Title 2, Section 7285.0 et seq.). The regulations of the Fair Employment and Housing Commission regarding Contractor Nondiscrimination and Compliance (Chapter 5 of Division 4 of Title 2 of the California Code of Regulations), are incorporated into this agreement. The grantee and its contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. This nondiscrimination clause shall be included in all contracts and subcontracts entered into to perform work provided for under this agreement. INDEPENDENT CAPACITY The grantee, and the agents and employees of the grantee, in the performance of this agreement, shall act in an independent capacity and not as officers or employees or agents of the State of California. ASSIGNMENT Without the written consent of the State, this agreement is not assignable by the grantee in whole or in part. • TIMELINESS Time is of the essence in this agreement. EXECUTIVE OFFICER'S DESIGNEE The Executive Officer shall designate a Conservancy project manager who shall have authority to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer shall notify the grantee of the designation in writing. AMENDMENT Except as expressly provided in this agreement, no change in this agreement shall be valid unless made in writing and signed by the parties to the agreement. No oral City of Seal Beach Grant Agreement No. 00 -163 Page 9 AMENDMENT (Continued) understanding or agreement not incorporated in this agreement shall be binding on any of the parties. LOCUS This agreement is deemed to be entered into in the County of Alameda. • 1 SEAL BEACH OCEAN WATER QUALITY PROGRAM Agenda Item XVI. February 22, 2001 DATA, f • • COASTAL CONSERVANCY Project Summary February 22, 2001 SEAL BEACH OCEAN WATER QUALITY PROGRAM File No. 01 -014 Project Manager: Marc Beyeler RECOMMENDED ACTION: Authorization to disburse up to $150,000 to the City of Seal Beach to develop an Ocean Water Quality Management Plan. LOCATION: Seal Beach, Orange County (Exhibit 1) PROGRAM CATEGORY: Resource Enhancement ESTIMATED COST: Coastal Conservancy* $150,000 Total $150,000 * The source of Conservancy funds is the FY 1999/2000 General Fund appropriation of $150,000 provided to the Coastal Conservancy for the "Seal Beach Ocean Water Quality Program." PROJECT SUMMARY: This project would provide grant funds of $150,000 to the City of Seal Beach to develop an Ocean Water Quality Management Plan. The San Gabriel River watershed covers more than 900 square miles within Los Angeles and Orange Counties and conveys its drainage runoff to the Pacific Ocean at the City of Seal Beach. Along with the drainage waters, the City of Seal Beach receives massive amounts of trash and debris on its beaches. Ocean water quality in the vicinity of Seal Beach is extremely de- graded, especially during storm related flows when it is neces- sary to close the beach due to high levels of unhealthful runoff. The City's beaches provide recreational opportunities for re- gional residents and visitors from throughout Los Angeles and Orange Counties, as demonstrated by the two million annual visitors to Seal Beach. XVI -1 • • The adopted state budget for FY 1999/2000 included funding to the Coastal Conservancy to develop an Ocean Water Quality Program for Seal Beach. The objective of Seal Beach Ocean Water Quality Program is to reduce pollution in the coastal waters off the City of Seal Beach from non —point sources and to ensure local beaches are available for public access and recreation. The proposed scope of work for the Ocean Water Quality Man- agement Plan addresses both local and regional causes of coastal water pollution. While the City is responsible for storm water resulting from local sources, such as municipal facilities and public roads, the Ocean Water Quality Program will also address regional sources of coastal water pollution and allow the City to participate in regional initiatives to address non — point sources of coastal pollution. As part of the proposed work, the City and its consultants will be involved in planning efforts to control pollution originating within the San Gabriel River watershed. At this time, the City of Seal Beach is requesting the Coastal Conservancy approve authorization of $150,000 to develop an Ocean Water Quality Management Plan. XVI -2 • • COASTAL CONSERVANCY Staff Recommendation February 22, 2001 SEAL BEACH OCEAN WATER QUALITY PROGRAM File No. 01 -014 Project Manager: Marc Beyeler STAFF RECOMMENDATION: Staff recommends that the State Coastal Conservancy adopt the following Resolution pursuant to Sections 31251 -31270 of Di- vision 21 of the Public Resources Code: "The State Coastal Conservancy hereby authorizes dis- bursement of an amount not to exceed one hundred fifty thousand dollars ($150,000) to the City of Seal Beach to develop an Ocean Water Quality Management Plan. This authorization is subject to the condition that prior to the disbursement of any funds, the City of Seal Beach shall submit for the review and approval of the Conservancy's Executive Officer: 1. A work program, including schedule, budget and time- line; and 2. The names of any contractors it intends to use to de- velop the plan." Staff further recommends that the Conservancy adopt the fol- lowing findings: "Based on the accompanying staff report and attached ex- hibits, the State Coastal Conservancy hereby finds that: 1. The proposed project is consistent with the purposes and criteria in Chapter 6 of the Public Resources Code (Sections 31251- 31270) regarding the enhancement of coastal resources; and 2. The proposed project is consistent with the Project Se- lection Criteria and Guidelines adopted by the Coastal Conservancy on January 24, 2001." XVI -3 LL. • • , • STAFF DISCUSSION: Project Description: The project involves the development of an Ocean Water Quality Management Plan. The Management Plan will be the basis for the City's Storm Water and Urban Runoff Master Plan and a Water Quality Capital Improvement Program. Project Financing: Coastal Conservancy* Total $150,000 $150,000 * The source of Conservancy funds is the FY 1999/2000 General Fund appropriation of $150,000 for the "Seal Beach Ocean Water Quality Program" provided to the Coastal Conservancy. Since 1998, the City of Seal Beach has devoted substantial in- kind staff resources to addressing coastal water quality prob- lems. In addition, in 1999 the City authorized more than $100,000 in equipment purchases to upgrade its street sweep- ing and trash collection capabilities to minimize runoff impacts from local streets and from public use of its beaches. Site Description: The San Gabriel River watershed covers more than 900 square miles within Los Angeles and Orange Counties and conveys its drainage runoff to the Pacific Ocean at the City of Seal Beach. Along with the drainage waters, the City of Seal Beach receives massive amounts of trash and debris on its beaches. Ocean water quality in the vicinity of Seal Beach is extremely de- graded, especially during storm related flows when its is neces- sary to close the beach due to high levels of unhealthful runoff. The City's beaches provide recreational opportunities for re- gional residents and visitors from throughout Los Angeles and Orange Counties, as demonstrated by the two million annual visitors to Seal Beach. Project History: Since 1998, the City of Seal Beach has been developing a re- sponse to the problem of degraded ocean water quality. In 2000, the beaches along the Seal Beach coastline were closed four times within six months due to "unhealthy" water quality. Late in 2000, the City established a ten - member Ad Hoc Citi- zens Advisory Board to provide oversight in the preparation of an Ocean Water Quality Management Plan. The City has pre- pared a scope of work and retained a private consulting firm to prepare the Management Plan. XVI-4 • • PROJECT SUPPORT: The proposed project has community, agency, and legislative support, including Assemblymember Tom Harmon and State Senator Ross Johnson. Letters of support will be hand - carried to the Conservancy meeting. CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION: Chapter 6 of Division 21 of the Public Resources Code (Sec- tions 31251- 31270) provides for the Coastal Conservancy's participation in a program of coastal resource enhancement. The proposed authorization would facilitate the enhancement of coastal water quality and coastal resources along the Seal Beach coastline. Accordingly, the proposed project is consistent with Section 31251, under which the Conservancy may award grants to state agencies, local public agencies, and nonprofit organizations for projects that seek to remedy loss of natural values because of natural or human- induced events. CONSISTENCY WITH CONSERVANCY'S PROGRAM GUIDELINES: The proposed project is consistent with the Conservancy's Proj- ect Selection Criteria and Guidelines adopted January 24, 2001, in the following respects: Required Criteria Promotion of the Conservancy's statutory programs and purposes: As indicated above, the proposed project is consis- tent with Chapter 6 of Division 21 of the Public Resources Code (Sections 31251- 31270.), which provides for the Coastal Conservancy's participation in coastal resource enhancement projects. Consistency with funding source: The Ocean Water Quality Program tasks will be funded with monies appropriated to the Conservancy for developing the program from the General Fund. Support: The proposed project has community and agency support. Letters of support will be hand - carried to the Conser- vancy's February 22nd meeting. Location: The proposed project is intended to develop water quality improvements projects for the City of Seal Beach. The Seal Beach coastline and the San Gabriel River watershed have XVI -5 1°11T been important natural resource areas of concern to the Coastal Conservancy for more than two decades. Need: The financial support and participation of the Conser- vancy is critical for the success of this project. Conservancy's funding and staff assistance are needed to ensure that the Ocean Water Quality Program is integrated into local and state coastal resource priorities. Greater than Local Interest: Enhancement of coastal re- sources through water quality improvement projects has great priority at the state level. In addition, as noted above, the City of Seal Beach hosts approximately two million visitors to its beaches annually, more than 90 percent of whom are regional visitors. Additional Criteria Significance: The proposed project represents an opportunity to develop resource and water quality projects that will enhance coastal resources that have been negatively impacted as the re- sult of urban development. Resolution of More Than One Issue: The scope of the pro- posed work would encompass resource enhancement, public access, environmental education, and water quality. Leverage: Investment of state funds into the proposed project will result in the positive leverage of local funds and the poten- tial for additional grant funding. CONSISTENCY WITH THE COASTAL ACT: The proposed project would be consistent with the planning and management policies contained in Section 30231 of the Public Resources Code, which states that "the biological pro- ductivity and the quality of coastal waters, streams, wetlands, estuaries and lakes appropriate to maintain optimum popula- tions of marine organisms and for the protection of human health shall be maintained and, where feasible, restored...." COMPLIANCE WITH CEQA: The proposed Ocean Water Quality Management Plan is statu- torily exempt from CEQA under 14 California Code of Regu- lations Section 15262 as it involves the planning and feasibility analyses. Conservancy staff will file a Notice of Exemption upon Conservancy approval. XVI -6 LAGUNA BEACH SOUTH LAGUNA Dana Pt. DANA POINT SAN CLEMENTE San Mateo Pt. gt rflo1F-4 Wqc-.T10 tvuk-P 130v6H