· Web viewYou may apply for either the Coastal Commission, the OPC, or both grant programs. ... Work Program, Budget, and Schedule as a Word document

LOCAL COASTAL PROGRAM PLANNING GRANTS JOINT APPLICATION FORM

APRIL 23, 2014

The state of California is pleased to announce grant funding to support local governments in planning for sea-level rise and climate change, and completing or updating Local Coastal Programs (LCP) consistent with the California Coastal Act. A full description of the grant programs and application instructions is available: http://www.coastal.ca.gov/lcp/lcpgrantprogram.html

Grants will be administered through two coordinated grant programs: Coastal Commission LCP Planning Grant Program: $1 million available for updating and

certifying LCPs; may include updates to address impacts of climate change and sea-level rise.

Ocean Protection Council LCP Sea-Level Rise Grant Program (in partnership with the Coastal Commission and State Coastal Conservancy): $1.2 million available for work that supports LCP updates, specifically to address sea-level rise, including sea-level rise modeling, vulnerability assessments, and adaptation planning and policy development.

To simplify the process for applicants, these two programs are offering this joint application form. Applicants may designate which program they are applying for or may apply to both. Coastal Commission, Ocean Protection Council, and State Coastal Conservancy staff are available to work with local governments and to assist you during the application process.

Application Instructions You may apply for either the Coastal Commission, the OPC, or both grant programs All applicants should fill out the Applicant Information Form and submit the required

Application Materials, plus the Supplemental Forms for each grant program For the Coastal Commission LCP Grant Program fill out Supplemental Form A For the OPC LCP Sea-Level Rise Grant Program fill out Supplemental Form B A separate resolution is required for both grant programs (see sample Resolutions in

Attachment A (Coastal Commission) and Attachment B (OPC)) See Attachment C for an Application Checklist Refer to Attachment D and Attachment E for sample grant agreements for the OPC and

Coastal Commission, respectively

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http://www.coastal.ca.gov/lcp/lcpgrantprogram.html

LCP Planning Grants Application Form FY 14-15

Complete application packets must be RECEIVED by 5pm July 7, 2014. Proposals must be emailed or mailed; faxed responses will not be considered. Applications will not be deemed complete until an adopted resolution is received for each grant program. Applications that do not contain the final, adopted resolution(s) by July 7, 2014 will not be considered for funding. The Commission and OPC are expected to award grants in fall 2014.

SUBMISSION REQUIREMENTS

Coastal Commission LCP Grant Program: Please submit the completed application form, including all attachments, via email to Hilary Papendick, Statewide LCP Grant Coordinator, at [email protected]. Please submit all application materials as a single PDF file AND submit the Project Description, Work Program, Budget, and Schedule as a Word document. See Attachment C for a checklist of required application materials.

If you are unable to submit via email, you may mail a CD and hard copy to the Coastal Commission:

Hilary PapendickStatewide LCP Grant CoordinatorCalifornia Coastal Commission45 Fremont Street, Suite 2000San Francisco, CA 94105415-904-5294

Please note: all information that you submit is subject to the unqualified and unconditional right of the Coastal Commission to use, reproduce, publish, or display, free of charge. All documents submitted will be considered a public record upon submittal. Please indicate if credit is requested for any of the photos and/or maps.

OPC LCP Sea-Level Rise Grant Program: Please submit the completed application form, including all attachments, via email to Abe Doherty at [email protected]. If you are unable to submit via email, you may mail a hard copy to the Ocean Protection Council:

Abe DohertyOcean Protection Council CA Natural Resources Agency1416 Ninth Street, Suite 1311Sacramento, CA 95814

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mailto:[email protected]



Local Coastal Program Planning GrantsApplication Form

GENERAL INSTRUCTIONSClick in the shaded text fields to enter text, numbers and dates. The fields will expand to accommodate the data. Press the tab key to move between fields. Please note that the entire grant application will be public record upon submittal.

Applications are due July 7, 2014. Application packets must be RECEIVED by 5pm July 7, 2014. Proposals must be emailed or mailed; faxed responses will not be considered. Applications will not be deemed complete until an adopted resolution is received for each grant program. Applications that do not contain the final, adopted resolution(s) by July 7, 2014 will not be considered for funding. The Coastal Commission and Ocean Protection Council are expected to award grants in early fall 2014.

APPLICANT INFORMATION Indicate which grant programs you are applying for (can be one or both).

OPC LCP Sea-Level Rise Grant Coastal Commission LCP Planning Grant

Applicant name (organization):

Address:

Contact name: Title:

Telephone: Fax: Email:

Federal Tax ID#

Application prepared by: Name: Title:

Person authorized to sign grant agreement amendment: Name: Title:

Signature: Date: Click here to enter a date.

PROJECT INFORMATIONProject title (start with name of city or county):

LCP/ LCP Segment:

Project location: City / Geographic area: County:

Project timeline: Start date: End date:

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Amount of Grant Proposal: MAPS AND PHOTOSApplications must include one map showing the planning area for the project. Additional photos or maps may be included as attachments if needed to illustrate the proposed project. Please note: any photos and maps you submit are subject to the unqualified and unconditional right of the State of California to use, reproduce, publish, or display, free of charge. Please indicate if crediting is requested for the photos and/or maps.

APPLICATION MATERIALS1. A PROJECT DESCRIPTION. Provide a clear description of the proposed project. This section

should be no more than 5 pages in 12 point font, single-spaced, and should include the following:

a. Goals and objectives: Describe the specific project goals and objectives to be achieved. Goals and objectives should be specific for each year of the work plan presented. Recipients will be required to submit progress reports in which progress against these goals and objectives will be reported. Include a description of how you will accomplish each objective, and how your objectives will accomplish your goals.

b. Approach: Identify specific tasks to be accomplished; explain the technical approach needed to accomplish the tasks; identify the roles of partners and cooperators; and identify potential obstacles to successful completion of the goals and objectives. Describe how stakeholders will be involved in the planning or assessment process. If the project includes partners, the roles and responsibilities of the partners must be clearly identified.

2. A WORK PROGRAM AND SCHEDULE. Provide a work program and schedule for implementation of the project, including anticipated benchmarks for LCP or LCP amendment development and review for the project, using the template provided below. For work to be reimbursed using funds from the grant program, the start date must be after authorization is granted after execution of a grant agreement, which will likely be in April 2015 for grants from the OPC and February 2015 for grants from the Commission. For the proposals seeking funding from OPC, all work must be completed by June 30, 2017. For proposals seeking funding from Coastal Commission, work must be completed within two years of the grant agreement start date.

SCHEDULEProposed starting date: Click here to enter a date.Estimated completion: Click here to enter a date.

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WORK PROGRAMProject Title Complete Date: Click here to enter a date.Task 1. Title Projected start/end dates: Click here to

enter a date./ Click here to enter a date.1.1 Describe Task Projected start/end dates: Click here to



enter a date./ Click here to enter a date.Add in Outcome/Deliverables Projected complete date: Click here to

enter a date.Task 2. Title Projected start/end dates: Click here to



enter a date./ Click here to enter a date.Add in Outcome/Deliverables Projected complete date: Click here to

enter a date.….Continue for all project tasks Projected start/end dates: Click here to

enter a date./ Click here to enter a date.

Please list (1) all significant and pertinent project benchmarks related to the project for which funds are being requested, (2) expected dates for reaching or completing those steps. These will be used in monitoring grant progress and in grant reporting under approved grant agreement.

Benchmark ScheduleACTIVITY COMPLETION DATE Click here to enter a date. Click here to enter a date. Click here to enter a date. Click here to enter a date. Click here to enter a date. Click here to enter a date. Click here to enter a date.

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3. A BUDGET. Please provide a proposed budget, including the funding request, total project cost, estimated costs per task, funding sources, and in-kind services.

APPLICATION BUDGET INFORMATION Funding Request: $ Total Project Cost: $ If multiple funding sources are being used, in the funding sources matrix below, list the major tasks of the proposed project and indicate the estimated cost of each, including the source of funding for each task. These tasks should correlate with your overall Work Program. An example follows the matrix. Note that in-kind services are covered separately below.

PROJECT FUNDING SOURCES (INSERT ADDITIONAL COLUMNS AS NEEDED)Double-click on table to edit in Excel.

Sample: Project Funding Sources

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OTHER FUNDING SOURCES (NOT INCLUDING IN-KIND SERVICES)Double-click on table to edit in Excel.

In-kind Services: $ In-kind services or contributions include staff time, volunteer time and materials contributed to the project. Please describe and estimate value, and differentiate between expected in-kind contributions and contributions (work or other types of contributions) already obtained/completed.

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BUDGET SUMMARY

Grant Application Budget FormPlease use the following form to fill in your estimated budget. Double click on the table to open in excel. Fill in the fields shaded in blue.

123456

1 Attach an explanation of rate(s) and hours for each position for which funds are being requested.2 Amount requested for benefits not to exceed 40% of amount requested for salary or wage.3 All subcontractors must be selected pursuant to a competitive bidding process that seeks at least three (3) bids from responsible bidders.4 Include a list of the major supplies and materials and how much they cost.5 Travel reimbursement rates are the same as similarly situated state employees.6 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.

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4. A RESOLUTION (S) FROM THE APPLICANT’S GOVERNING BODY. A separate resolution is required for each of the grant programs (see sample Resolutions in Attachment A (Coastal Commission) and Attachment B (OPC)). Please submit a resolution that contains the following authorizations: 1) authority to submit the proposal, 2) authority to enter into a grant agreement if the grant is awarded, and 3) designation of the applicant’s authorized representative (name and title). For the OPC LCP SLR grant program, a resolution from the applicant’s governing body (i.e. City Council, Board of Supervisors, Port Commission) committing to submit to the Commission an amendment to update the LCP (or other plan as applicable) to address sea-level rise is required as part of the application.

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SUPPLEMENTAL FORM A – COASTAL COMMISSION LCP GRANT PROGRAM

Adopted Priorities and Criteria

In addition to the project description required in part I of the application materials, provide a clear, detailed description of how the project addresses each of the Coastal Commission LCP grant adopted priorities and criteria, listed below. Please limit to five pages.

1. Public Benefit/Significance Please describe the extent to which the proposed LCP planning project will: (1)

address issues of statewide significance and (2) maximize public benefits of the coast. These benefits can include: preserving and enhancing coastal habitat, protecting, providing and enhancing public access, protecting priority land uses such as agriculture, coastal dependent development or recreation, Smart Growth and sustainable development initiatives, protecting and providing lower cost visitor and recreational opportunities, and addressing climate change and sea-level rise. Provisions for citizen participation must be a part of the work program.

2. Relative Need for LCP Update/Extent of Update Describe the need for the proposal. For example, when was the LCP last updated

in whole or in part? Is there an urgency related to the specific planning issues to be addressed? What is the scope of the effort? Please identify the specific elements of the LCP that you are targeting to be updated. Is it targeted to a particular geographic or policy area or to the entire jurisdiction? Does the LCP need to be reformatted or reorganized to improve the clarity and utility of the document and how it relates to other planning documents? Describe how the proposed planning project will be effective in conserving and protecting coastal resources, and how the proposed project builds upon or complements existing efforts that may be underway or completed for your jurisdiction.

3. Addressing the Effects of Climate Change Please describe how the proposed project addresses the effects of climate

change, including sea-level rise and other coastal hazards. How will it address shoreline protection, planned retreat and redevelopment of existing shoreline and blufftop development? How will it address other issue areas affected by climate change, such as changes in habitat, fire hazards, and transportation and land use policies to facilitate reductions in greenhouse gas emissions and vehicle miles travelled?

4. Likelihood of Success/Effectiveness

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Please describe the planning process, steps or mechanisms for coordination with the Coastal Commission staff and the public, and how this grant would advance that process. Please describe the factors that will contribute to the success and effectiveness of your project. Consider the following questions in your response:

i. What steps or measures are proposed to help ensure that this effort will be successfully completed and implemented? If your jurisdiction is not yet certified, please explain the factors that make the success of this planning effort more likely. Similarly, if your jurisdiction previously received LCP grant funds, explain the factors that make the success of this planning effort more likely.

ii. What is the level of support for the project? Please describe or include information that shows support for the project such as resolutions of intent and endorsement for the proposed work, matching funds or other complementary efforts.

iii. Is LCP or related planning work already underway? How will this grant support and further that effort?

5. Workload and Permit Streamlining Describe how this project may contribute to a more efficient and streamlined

permitting and post-certification process.

6. Project Integration/Leverage/Matching Funds Please describe how this grant application will contribute to efficient use of

informational resources, and any existing resources. What other grant funds have been committed or applied for? Are any matching funds or significant in-kind resources available? What other planning work (such as through the Ocean Protection Council, Coastal Conservancy or the Strategic Growth Council) is being undertaken that could help further the LCP effort? If other resources are limited or unavailable, describe the hardship circumstances that may warrant waiver of these considerations.

QuestionsCoastal Commission staff can assist local governments during preparation of LCP grant applications. Please send questions on the Coastal Commission grant application process to Hilary Papendick, Statewide LCP Grant Coordinator, via email at [email protected], or by phone at (415) 904-5294. Questions regarding the LCP process and update approach should be directed to the relevant Coastal Commission district contact person, via phone or email. LCP Grant contacts for the district offices are listed below.

LCP Grant District Contact Information

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North Coast (Del Norte, Humboldt, Mendocino Counties)- Jim Baskin, Supervising Coastal Planner, LCP Planning, Email: [email protected],

Phone: (707) 826-8950

- Bob Merrill, District Manager, Email: [email protected], Phone: (707) 826-8950

North Central Coast (Sonoma, Marin, San Francisco, San Mateo Counties) - Jeannine Manna, District Supervisor, Email: [email protected],

Phone: (415) 904-5250

- Nancy Cave, District Manager, Email: [email protected], Phone: (415) 904-5290

Central Coast (Santa Cruz, Monterey, San Luis Obispo Counties) - Kevin Kahn, Supervising Coastal Planner, LCP Planning,

Email: [email protected], Phone: (831) 427-4863

- Madeline Cavalieri, District Manager, Email: [email protected], Phone: (831) 427-4863

South Central Coast (Santa Barbara and Ventura Counties, and the Malibu portion of Los Angeles Counties)

- Barbara Carey, Planning Supervisor, Email: [email protected], Phone: (805) 585-1800

- Steve Hudson, District Manager, Email: [email protected], Phone: (805) 585-1800

South Coast (Los Angeles (except Malibu) and Orange Counties) - Chuck Posner, Supervising Coastal Planner, LCP Planning,

Email: [email protected], Phone: (562) 590-5071

- Karl Schwing, LCP Program Manager, Email: [email protected], Phone: (562) 590-5071

- Teresa Henry, District Manager, Email: [email protected],Phone: (562) 590-5071

San Diego (San Diego County) - Gabriel Buhr, LCP Program Manager, Email: [email protected],

Phone: (619) 767-2370

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- Deborah Lee, District Manager Email: [email protected], Phone: (619) 767-2370

Alternate Contact- Liz Fuchs, Manager, Statewide Planning, Email: [email protected],

Phone: (415) 904-5287

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SUPPLEMENTAL FORM B – OPC LCP SLR GRANT PROGRAM

Potential Impacts from Sea-Level Rise – Preliminary AssessmentPreliminary assessment of potential impacts from sea-level rise and climate change using NOAA’s Sea-Level Rise Viewer or other readily available planning tools is required as part of the application. This assessment should be included and referenced in the project description below to explain the purpose, benefit and need for the proposed project.

Project DescriptionIn addition to the project description that addresses goals, objectives and approach, provide a clear, detailed description of the project proposed that includes the following information in the project description. Please limit to five pages.

a. Need - Provide sufficient background information for reviewers to independently assess the significance of the proposed project. Summarize the problem to be addressed and the status of ongoing efforts to address the identified needs.

b. Benefit - Applicants should describe how the projects will maximize public benefits of the coast as articulated in the Coastal Act and California Ocean Protection Act. These benefits can include preserving and enhancing habitat such as coastal wetlands and natural lands, conserving biodiversity, protecting, providing or enhancing public access, protecting priority land uses such as coastal dependent development and recreational opportunities and protecting visitor serving amenities. Summarize the relevance of the proposed work to other areas along the coast.

c. Transferability - Projects that address issues in a manner that may be useful as a model for other communities will be given priority. The potential transferability of analysis, strategies, or draft ordinance language will be considered in evaluation of proposals.

d. Implementation - Identify, with a high degree of specificity, how the work funded by the grant will help the community to update its LCP. Applicants should describe the complete planning process and identify how the work funded by this grant advances that process. Applicants should identify the specific elements of their LCP that they expect to update through this work.

QuestionsOcean Protection Council staff can assist local governments during preparation of grant applications. Please send questions on the OPC LCP SLR grant application process to: Abe Doherty, Ocean Protection Council, [email protected].


http://www.opc.ca.gov/california-ocean-protection-act/

http://www.coastal.ca.gov/coastact.pdf

http://www.csc.noaa.gov/digitalcoast/tools/slrviewer

ATTACHMENT A SAMPLE RESOLUTION FOR COASTAL COMMISSION LCP PLANNING GRANT7

WHEREAS, the Budget Act of 2013 provides an appropriation of $1 million for Coastal Commission grants in FY 14-15 to local governments to support Local Coastal Program (LCP) planning, and

WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a competitive grant program to provide such financial assistance for LCP planning; and

WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to reflect current circumstances and new scientific information, including new understandings and concern for the effects of climate change, and

WHEREAS, grant proposals submitted under this grant program must complete land use plan and/or zoning work to either achieve submittal for certification of a Local Coastal Program (LCP) or an Area of Deferred Certification (ADC) or of an LCP Amendment to significantly update a certified LCP or LCP segments, including with special emphasis on effects of climate change and sea-level rise;

WHEREAS, (insert name of jurisdiction), has [does not yet have] an effectively certified LCP [or LCP segment]; and

WHEREAS, the (name of jurisdiction), desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an Amendment to update the LCP [in whole or in part],

[For uncertified areas] WHEREAS, the (name of jurisdiction), desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an LCP and desires to assume permit issuing authority,

WHEREAS, the (name of jurisdiction) commits to and agrees to fully support a planning effort intended to [complete or] update a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.

7 This sample is provided for informational purposes only; please contact your attorney before using this sample.

Attachment A

NOW, THEREFORE, BE IT RESOLVED, that the [name of legislative or policy body], of the [name of jurisdiction], hereby:

1. Directs [name of jurisdiction] staff to submit the grant application package attached hereto as Attachment 1 to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of $___________ to fund the project more particularly described in the grant application package.

2. Authorizes the (title of official), of the (name of jurisdiction), to execute, in the name of the (name of jurisdiction), all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application.

PASSED AND ADOPTED by the (name of legislative or policy body), of the (name of jurisdiction), on this ____ day of _______________, 2014 on the following vote:

AYES:NOES:ABSENT:ABSTAIN:

Attest:

_____________________________________Signed:

____________________________________(name and title of official authorized to sign resolutions of the governing body)

ATTACHMENT B SAMPLE RESOLUTION FOR OPC LCP SLR GRANT APPLICATION8

WHEREAS, the California Ocean Protection Council, under the authority of the Ocean Protection Act, approved a competitive grant program to provide financial assistance for local and regional vulnerability assessments and updates to Local Coastal Programs (LCPs) and other Coastal Act authorized plans to address sea-level rise, coastal hazards and other climate change-related impacts; and

WHEREAS, the goal of the grant program is to develop updates to LCPs or other Coastal Act authorized plans to address sea-level rise and other climate change impacts, and

WHEREAS, grant proposals submitted under this grant program must address at least one certified LCP segment or other defined planning segment, such as a certified Port Master Plan or University Long Range Development Plan, or, in jurisdictions without certified LCPs, proposals must demonstrate that the applicable jurisdiction has committed to the process to complete an LCP (or other Coastal Act authorized plan) or that such process is underway; and

WHEREAS, (insert name of jurisdiction), has [does not yet have] an effectively certified LCP [or LCP segment or other authorized plan]; and

WHEREAS, the (name of jurisdiction), recognizing the problems and issues associated with climate change identified in the application package attached hereto as Attachment 1 and made part of this Resolution as if fully set forth herein, desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an LCP Amendment, [or Amendment to Other Plan)] that would address such impacts; and

Alternative if there is no certified LCP: WHEREAS, although the [name of jurisdiction] has no certified LCP [or name of other LCP Segment or Plan], it recognizes the problems and issues associated with climate change identified in its application package attached hereto as Attachment 1 and made a part of this Resolution as if fully set forth herein and desires to pursue a project that would allow it to address those impacts when it submits an LCP for certification to the California Coastal Commission. The [name of jurisdiction], has already committed to completing its LCP, as detailed in the attached grant application package; and

8 This sample is provided for informational purposes only; please contact your attorney before using this sample.

Attachment B

WHEREAS, the (name of jurisdiction) will coordinate with the staffs of the California Coastal Commission, the State Coastal Conservancy and the Ocean Protection Council in undertaking the project, if approved.

NOW, THEREFORE, BE IT RESOLVED, that the [name of legislative or policy body], of the [name of jurisdiction], hereby:

1. Directs [name of jurisdiction] staff to submit the grant application package attached hereto as Attachment 1 to the Ocean Protection Council to provide financial and planning assistance, under authority of the Ocean Protection Act, in the amount of $___________ to fund the project more particularly described in the grant application package.

2. Authorizes the (title of official), of the (name of jurisdiction), to execute, in the name of the (name of jurisdiction), all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application.

PASSED AND ADOPTED by the (name of legislative or policy body), of the (name of jurisdiction), on this ____ day of _______________, 2014 on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Attest:

_____________________________________

Signed:

____________________________________(name and title of official authorized to sign resolutions of the governing body)

Attachment B

APPLICATION CHECKLIST

A complete Grant Application Packet includes the following components. Please submit all documents in a single PDF file and the Project Description, Work Program, Budget, and Schedule as a Word document, as noted below. It is very important to receive the PDF file and a Word document for efficiency in preparing grant agreement documents. Thank you for your attention to these important components of the application.

Signed Joint Grant Application Form (.pdf)

Project Description (.doc)

Work Program, Budget, and Schedule (.doc)

Signed Resolution(s) (.pdf)

Supplemental form(s)

All documents combined into a single PDF file (.pdf)

Attachment C

ATTACHMENT D- OPC LCP SLR SAMPLE GRANT AGREEMENT

State of California - The Natural Resources Agency

Grantee Name: [GRANTEE NAME]

Project Title: [PROJECT TITLE]

Agreement Number: Agreement No. CXXXXXX

Authority: Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, Public Resources Code section 75060, implementing Public Resources Code sections 31000 et seq. 35500 et seq., and 35650.

Program: California Ocean Protection Council

PROJECT DESCRIPTION

Project Scope [DRAFT BASED ON SCOPE]

A Scope of Work, Project Schedule and Project Budget (“Work Program”) are described in Exhibit A and attached to this Grant Agreement and incorporated by reference. Grantee will fully perform all work necessary to complete the Project as identified in the Work Program. A Work Plan describing the project at a more detailed scale may be developed by the Grantee and Project Manager as necessary to ensure proper completion of grant deliverables.

Project Budget Details

The Grantee is permitted to adjust any of the ranges in the Project Budget, other than administrative and indirect costs, upwards or downwards for a total of 10% of the amount of the Grant, so long as the sum of the whole Project Budget does not exceed the approved amount of funding for the Work Program. Grantee will provide notice of any such adjustment to the State explaining how it plans to account for and manage the adjustment. However, if Grantee seeks to adjust the allocations within the Budget ranges upwards or downwards more than 10%, create or amend the ranges, or to delete ranges entirely, a request must be submitted in writing to the Project Manager. The Project Manager, along with the Project Manager’s supervisor, will consider whether to approve the Grantee’s request for new allocations and ranges. Upon approval of such a request by the Council staff, the new Budget ranges and allocations will become self-executing and will automatically be part of the Agreement and binding on Grantee, and incorporated into the Project Budget in Exhibit A.

Attachment D


TERMS AND CONDITIONS OF GRANT

Special Provisions

1. Recipients of Grant Funds shall include acknowledgement of grant funding in all materials produced with grant funds. The California Natural Resources Agency and California Ocean Protection Council (OPC or State) shall have the right to republish any material generated by this grant.

General Provisions

A. Definitions

1. The term "Act" means Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006.

2. The term “Agreement” means this Grant Agreement.

3. The term “Application” means the individual application form, its required attachments for grants pursuant to enabling legislation and/or program and any applicable materials supplied to by the application to the Ocean Protection Council or California Natural Resources Agency prior to award.

4. The term “Authorization” means the Ocean Protection Council adopted resolution included in the staff recommendation attached as Exhibit B. This agreement is executed under that authorization.

5. The term “Benchmark” means specific tasks or project deliverables identified in the project Work Plan as approved by the state.

6. The term “Completion Date” means the date by which all activity for the project must be concluded. Work performed after this date cannot be reimbursed.

7. The term “Executive Director” means the Executive Director of the Ocean Protection Council, who is also the Deputy Secretary for Ocean and Coastal Policy.

8. The term “Grant” or “Grant Funds” means the money provided by the State to the Grantee in this Agreement.

9. The term "Grantee" means an applicant who has a signed agreement for Grant Funds.

10. The term “Nonprofit Organization” means any nonprofit corporation qualified to do business in California, and qualified under Section 501(c)(3) of the Internal Revenue Code.

11. The term “Other Sources of Funds” means cash or in-kind contributions that are required or used to complete the project beyond the Grant Funds provided by this Agreement.

12. The term "Project" means the activity described in the Work Program to be accomplished with Grant Funds.

13. The term “Project Budget” means the State approved cost estimate submitted to the Executive Director of the Ocean Protection Council (“Executive Director”) as part of the Work Program. The Project Budget shall describe all labor and materials costs of completing each component of the


Project. The Project Budget may contain either itemized amounts, or ranges permissible for each item or task described in Project Scope and Work Plan. The Project Budget must include the set administrative and indirect costs agreed upon by the Parties if applicable. For each project component, the Project Budget shall list all intended funding sources including the State’s grant and all other sources of monies, materials or labor.

14. The term “Project Manager” means the representative of the State given authorization by the Ocean Protection Council Executive Director to administer and provide oversight of the Grant.

15. The term “Public Agency” means any State of California department or agency, a county, city, public district or public agency formed under California law.

16. The term “Request for Disbursement Form” means the form that will be submitted requesting payment.

17. The term "State" means the Secretary for Natural Resources, the Ocean Protection Council or their representatives, or other political subdivision of the State.

18. The term “Termination Date” means the date by which all invoices and other reporting requirements must be complete.

19. The term “Work Plan” means the description of tasks and related work to be accomplished by the Project.

20. The term “Work Program” means the State approved Work Plan, Project Schedule and Project Budget, as described in Exhibit A.

B. Project Execution

1. Pursuant to the Ocean Protection Council Grant Funding Procedures, the Grantee shall comply with all applicable project execution procedures.

2. Subject to the availability of funds, the State hereby grants to the Grantee the sum $[XXXXXX] (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 Project in this Agreement and its attachments and under the Terms and Conditions set forth in this Agreement.

3. Grantee shall furnish any and all additional funds that may be necessary to complete the Project.

4. Grantee shall complete the Project before the Completion Date as set forth on the signature page, unless an extension has been granted by the State and under the Terms and Conditions of this Agreement. Grantee shall complete invoicing and reporting requirements by the Termination Date as set forth on the signature page, unless an extension has been granted by the State and under the Terms and Conditions of this Agreement. Extensions may be requested in advance and will be considered by State, at its sole discretion, in the event of circumstances beyond the control of the Grantee.

5. Grantee certifies that the Work Program does and will continue to comply with all current laws and regulations which apply to the Project, including, but not limited to, environmental laws, including, but not limited to, California Environmental Quality Act, health and safety codes, and disabled access laws.


6. Prior to the commencement of any work, Grantee agrees to submit in writing to the State for prior approval any deviation from the original Work Program per Exhibit A and/or the Application. Changes in the Work Program must continue to meet the need cited in Exhibit B or they will not be approved. Any modification or alteration in the Work Program on file with the State must be submitted to the State for approval.

7. Grantee shall provide status reports of the work at the request of the State.

C. Project Costs

1. Any Grant Funds provided to Grantee under this Agreement will be disbursed for eligible costs as outlined in Appendix B to the OPC Grant Funding Procedures , on a reimbursement basis, as follows, but shall not exceed in any event the amount set forth on the signature page of this Agreement:

a. Up to Ten percent (10%) of the reimbursement amount will be held back and issued as a final payment upon completion of the Project and receipt by the State of a detailed summary of Project costs from the Grantee found to be satisfactory by the State and a copy of the final products generated with Grant Funds.

If all or any part of the project to be funded under this agreement will be performed by third parties under contract with the grantee, then the Grantee should, prior to executing an agreement for services, seek the approval of the Executive Director or his/her designee on the selection of the third party. The Grantee shall then comply with the above paragraph regarding submission and approval of a work program prior to project commencement.

2. Payment Documentation:

a. All payment requests must be submitted using a completed Request for Disbursement Form. The grantee shall include in the form 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 expenses shall be organized by task number from the work plan. The form shall also indicate, per task number from the Work Plan, cumulative expenditures to date, expenditures during the reporting period, and the unexpended balance of funds under the grant agreement. An authorized representative of the Grantee shall sign the form.

b. In connection with submission of each form, the Grantee shall also submit, unless the Executive Director makes a specific exemption, the following:

1. An itemized ledger, in a form approved by an authorized representative, detailing all direct expenditures incurred by the grantee and any subgrantee.

2. Receipts, travel expense vouchers and claim forms for travel expenses incurred by the Grantee and any subgrantee. The State will reimburse the Grantee for expenses necessary to the project when documented by appropriate receipts. The State will reimburse travel and related expenses at actual costs not to exceed the rates provided in Title 2, Division 1, Chapter 3, Subchapter 1, Article 2 of the California Code of Regulations (“CCR”), except that reimbursement may be in excess of these rates upon documentation that these rates are not reasonably available to the Grantee. 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. The State will reimburse the Grantee for other necessary expenses if those expenses are reasonable in nature and amount taking into account the nature of the project, its location, and other relevant factors.

3. Receipts or any other source documents for direct expenditures for any purchase of equipment or materials by the Grantee and any subgrantee.

4. A supporting progress report from the grantee 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 subgrantee, and comparing it to the status required by the Work Program (budget, timeline, tasks, etc.).

c. Notwithstanding the foregoing, the Executive Director may request and the Grantee shall provide receipts or other source documents for any other direct expenditure or cost as described in the ledger, as and when necessary to resolve any substantial issue concerning reimbursement.

d. The Grantee’s failure to fully execute and submit a Request for Disbursement form, including attachment of supporting documents, may relieve the State of its obligation to disburse funds to the Grantee unless and until the Grantee corrects all deficiencies.

e. Any payment request that is submitted without the required itemization and documentation will not be authorized. If the payment request package is incomplete, inadequate or inaccurate, the State will inform the Grantee and hold the payment request until all required information is received or corrected. Grantee shall submit a payment request no more frequently than monthly but no less frequently than quarterly (assuming activity occurred within that quarter). Any penalties imposed on the Grantee by a contractor, or other consequence, because of delays in payment will be paid by the Grantee and is not reimbursable under this Agreement.

4. Grant Funds in this award have a limited period in which they must be expended. Grantee expenditures funded by the State must occur before the Completion Date as indicated on the signature page of this Agreement.

5. Except as otherwise provided herein, the Grantee shall expend Grant Funds in the manner described in the Work Program approved by the State. Expenditure on items contained in the approved Project Budget may vary by as much as ten percent without prior approval by the State, provided the grantee submits a revised Project Budget prior to requesting disbursement based on the revised budget. In any event, the total amount of the Grant Funds may not be increased, except by written amendment to this agreement.

D. Project Administration

1. Grantee shall promptly provide Project reports with payment requests and upon request by the State. In any event Grantee shall provide the State a report showing total final Project expenditures with the final Request for Disbursement and required closing documents.

2. Grantee shall submit all documentation for Project completion, as applicable, and final reimbursement by the Termination Date.

3. Final payment is contingent upon State verification that Project is consistent with Project Work Program as described in Exhibit A, together with any State approved amendments.


4. This Agreement may be amended by mutual agreement in writing between Grantee and State. Any request by the Grantee for amendments must state the amendment request and reason for the request. The Grantee shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment.

5. Grantee must report to the State in the Project Budget all sources of other funds for the Project.

E. Project Termination

1. Prior to the completion of the Project, either party may terminate this Agreement by providing the other party with thirty (30) days’ written notice of such termination. The State may also terminate this Grant for any reason at any time if it learns of or otherwise discovers that there is a violation of any state or federal law or policy by Grantee which effects performance of this or any other grant agreement or contract entered into with the State.

2. If the State terminates without cause the Agreement prior to the end of the Completion Date, the Grantee shall take all reasonable measures to prevent further costs to the State under this Agreement. The State shall be responsible for any reasonable and non-cancelable obligations incurred by the Grantee in the performance of the Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement.

3. 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 State of all amounts disbursed by the State under this Agreement, plus accrued interest and any further costs related to the Project. The State may, at its sole discretion, consider extenuating circumstances and not require repayment for work partially completed provided that the State determines it is in the State’s best interest to do so. This paragraph shall not be deemed to limit any other remedies available to the State for breach of this Agreement.

4. Failure by the Grantee to comply with the terms of this Agreement or any other Agreement may be cause for suspension of all obligations of the State hereunder.

5. Failure of the Grantee to comply with the terms of this Agreement shall not be cause for suspending all obligations of the State hereunder if, in the judgment of the State, such failure was due to no fault of the Grantee. At the discretion of the State, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement.

6. Because the benefit to be derived by the State, from the full compliance by the Grantee with the terms of this Agreement, exceeds to an immeasurable and unascertainable extent the amount of money furnished by the State by way of Grant Funds under the provisions of this Agreement, the Grantee agrees that payment by the Grantee to the State of an amount equal to the amount of the Grant Funds disbursed under this Agreement by the State would be inadequate compensation to the State for any breach by the Grantee of this Agreement. The Grantee further agrees therefore, that the appropriate remedy in the event of a breach by the Grantee of this Agreement shall be the specific performance of this Agreement, unless otherwise agreed to by the State.

F. Hold Harmless

1. Grantee shall waive all claims and recourses against the State, 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 claims arising from the gross negligence of State, its officers, agents and employees.


2. Grantee shall indemnify, hold harmless and defend State, its officers, agents and employees in perpetuity against any and all claims, demands, damages, costs, expenses or liability costs arising out of the Project under Government Code Section 895.2 or otherwise, including but not limited to items to which the Grantee has certified, except for liability arising out of the gross negligence of State, its officers, agents or employees. Grantee acknowledges that it is solely responsible for compliance with items to which it has certified.

3. Grantee and State agree that in the event of judgment entered against the State and Grantee because of the gross negligence of the State and Grantee, their officers, agents or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.

G. Audit Requirements and Financial Records

1. Ocean Protection Council projects are subject to audit by the State annually and for three (3) years following the payment of Grant Funds. Grantee shall maintain satisfactory financial accounts, documents and records consistent with the policies outlined in the OPC Grant Funding Procedures for the Project and to make them available to the State for auditing at reasonable times. Grantee shall also retain such financial accounts, documents and records for three (3) years after final payment and one (1) year following an audit on site. OPC shall maintain all grant records for 35 years at the State Records Center and in perpetuity if funds are granted for acquisition of real property, in accordance with all applicable protocols as updated and required by the State Treasurer’s Office.

2. Grantee agrees that during regular office hours, the State and its duly authorized representatives shall have the right to inspect and make copies of any books, records or reports of the Grantee pertaining to this Agreement or matters related thereto. Grantee shall maintain and make available for inspection by the State accurate records of all of its costs, disbursements and receipts with respect to its activities under this Agreement.

3. Grantee shall use applicable generally accepted accounting principles, unless otherwise agreed to by the State.

4. If Grantee stated in the Application for funding and/or Work Plan that other sources of funding will be used to complete the Project, the Grantee shall establish internal systems to track expenditures of matching or in-kind funds on a regular basis and will make the documentation available to the State upon request.

H. Work Products

I. The Grantee agrees that all data, plans, drawings, specifications, surveys, studies, and other written or graphic work produced in the performance of this Agreement, herein referred to as “materials” are subject to the rights of the State as set forth in this section. The State shall have the right to reproduce, publish, and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so.

2. Grantee agrees that the grantee shall use the materials developed with grant funds under this agreement only for the purpose for which the grant funds were requested and no other use of the materials shall be permitted except by written permission.

3. Grantee must certify the materials developed with grant funds under this agreement shall remain available for public review. This Agreement shall not prevent the transfer of the materials from the Grantee to a Public Agency, if the successor Public Agency assumes the obligations imposed by this Agreement.


4. 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 State’s sole discretion, an amount equal to (1) the amount of the Grant, or (2) the proceeds from the sale or other disposition, whichever is greater, may be reimbursed to the State.

I. Nondiscrimination

1. The Grantee shall not discriminate against any person on the basis of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave in the use of any property or facility acquired or developed pursuant to this Agreement.

2. The Grantee shall not discriminate against any person on the basis of residence except to the extent that reasonable difference in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. The completed products shall be available to members of the public generally.

J. Grant Funding Procedures and Funding Request Incorporation

With the exception of adjustments as discussed above, the Grant Funding Procedures and any subsequent changes or additions to the Work Plan approved in by the State are hereby incorporated by reference in to this Agreement as though set forth in full in this Agreement.

K. Severability

If any provision of this Agreement or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable.

L. Waiver

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.

M. Assignment

Except as expressly provided otherwise, this Agreement is not assignable by the Grantee either in whole, or in part.

N. Disputes

If the Grantee believes that there is a dispute or grievance between Grantee and the State arising out of or relating to this Agreement, the Grantee shall first discuss and attempt to resolve the issue informally with the Project Manager. If the issue cannot be resolved at this level, the Grantee shall follow the following procedures:


1. If the issue cannot be resolved informally with the Project Manager, the Grantee shall submit, in writing, a grievance report together with any evidence to the Deputy Director of the OPC. 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) working days of receipt of the written grievance report from the Grantee, the Deputy Director shall make a determination on the issue(s) and shall respond in writing to the Grantee indicating the decision and reasons therefore. Should the Grantee disagree with the Deputy Director’s decision, the Grantee may appeal to the Executive Director of the OPC who is also the Deputy Secretary for Ocean and Coastal Policy.

2. The Grantee must submit a letter of appeal to the Executive Director explaining why the Deputy Director’s decision is unacceptable. The letter must include, as an attachment, copies of the Grantee’s original grievance report, evidence originally submitted, and the response from the Deputy Director. The Grantee’s letter of appeal must be submitted within ten (10) working days of the receipt of the Deputy Director’s written decision. The Executive Director shall, within twenty (20) working days of receipt of Grantee’s letter of appeal, review the issues raised and shall render a written decision to the Grantee. The decision of the Executive Director shall be final.

O. Executive Director’s Designee

The Executive Director shall designate an Ocean Protection Council Project Manager who shall have authority to act on behalf of the Executive Director with respect to this agreement. The Executive Director shall notify the Grantee of the designation in writing.

P. Insurance

Throughout the term of this agreement, for the life of any asset funded by the grant monies awarded pursuant to this agreement, or for any period of project implementation after the termination date of this agreement, the Grantee shall maintain self-insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Grantee or its agents, representatives, employees, volunteers, or contractors associated with the project undertaken pursuant to this Agreement.

If the Grantee provides funds to any contractor to accomplish any of the work of this Agreement or provides funds to any subgrantee to carry out a project under this Agreement, the Grantee shall first enter into an agreement with each subgrantee or contractor requiring it to provide 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 subgrantee or contractor, or its agents, representatives, employees, or volunteers, associated with the project undertaken pursuant to this Agreement. As an alternative, with the written approval of the Executive Director, the subgrantee or contractor may satisfy the coverage required by this section in whole or in part through: (a) 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 completion date of the work undertaken by the subgrantee or contractor under the approved Work Program.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:a. Insurance Services Office (“ISO”) Commercial General Liability coverage (occurrence Form CG 0001) or ISO Comprehensive General Liability form (1973) or comparable with Broad Form Comprehensive General Liability endorsement.b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto).


c. Workers’ Compensation insurance as required by the Labor Code of the State of California.

2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:

a. General Liability:(Including operations, products and completed operations, as applicable)

$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities under this agreement or the general aggregate limit shall be twice the required occurrence limit.

b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Use of Watercraft. If the subgrantee or contractor is to engage in project work involving the use of watercraft, it shall provide and maintain insurance covering injury to person or property in connection with the use of watercraft, which may include, as appropriate, an endorsement to a Commercial General Liability policy covering non-owned watercraft liability or Protection and Indemnity Insurance or Jones Act coverage. Coverage shall be in a reasonable amount in light of the nature of the activity and shall be documented and approved by the Executive Director.

4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director.

5. 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 Ocean Protection Council. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions:

a. The State of California, its officers, agents and employees are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Grantee; and with respect to liability arising out of work or operations performed by or on behalf of the Grantee including materials, parts or equipment furnished in connection with such work or operations.b. For any claims related to this agreement, the Grantee’s insurance coverage shall be primary insurance with respect to the State of California, its officers, agents and employees.c. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

6. 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 Ocean Protection Council and approved in writing by the Executive Director.

7. Verification of Coverage. The Grantee shall furnish the Executive Director with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Director before work commences. The Ocean Protection Council reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time.


8. Premiums and Assessments . The Ocean Protection Council is not responsible for premiums and assessments on any insurance policy.

9. Indemnity. The grantee shall agree to indemnify and hold harmless the state of California, acting by and through the Ocean Protection Council, and any employee or agent thereof harmless from any liability, loss or damage that may be suffered as a result of claims, demands, costs or judgments against them arising out of the activities to be carried out pursuant to the obligations of this Agreement, including, but not limited to, the use by Grantee of results obtained from the activities performed under this agreement; provided, however, that any such liability, loss or damage resulting from this agreement was not caused by the gross negligence or malfeasance of the OPC, its employees or agents.


ATTACHMENT E- COASTAL COMMISSION SAMPLE GRANT AGREEMENT

Includes: Standard Agreement Form (STD 213) Exhibit A: Scope of Work, Task List and Timeline, Evaluation and Reporting, Budget Exhibit B: Budget Detail and Payment Provisions Exhibit C: General Terms and Conditions Exhibit D: Special Terms and Conditions

Attachment E

Attachment E

STATE OF CALIFORNIASTANDARD AGREEMENT STD 213 (Rev 06/03) AGREEMENT NUMBER

REGISTRATION NUMBER

1. This Agreement is entered into between the State Agency and the Contractor named below:STATE AGENCY'S NAME

California Coastal CommissionCONTRACTOR'S NAME

2. The term of this throughAgreement is:

3. The maximum amount of this Agreement is:

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 WorkExhibit A – Attachment 1Exhibit B – Budget Detail and Payment Provisions

Exhibit C* – General Terms and Conditions GIA 610Check mark one item below as Exhibit D:

Exhibit - D Special Terms and Conditions (Attached hereto as part of this agreement)Exhibit - D* Special Terms and Conditions

Attachment C

Items shown with an Asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.These documents can be viewed at www.ols.dgs.ca.gov/Standard+Language

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

CONTRACTOR California Department of General Services Use Only

CONTRACTOR’S NAME (if other than an individual, state whether a corporation, partnership, etc.)

BY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING

ADDRESS

STATE OF CALIFORNIAAGENCY NAME

California Coastal CommissionBY (Authorized Signature)

DATE SIGNED(Do not type)

PRINTED NAME AND TITLE OF PERSON SIGNING Exempt per:

ADDRESS

45 Fremont Street, Suite 2000, San Francisco, CA 94105

SCOPE OF WORK

1. Contractor agrees to provide to the California Coastal Commission, hereafter called the “Commission,” project activities as described under the Scope of Work, attached hereto as Exhibit A-Attachment I, hereafter the “Project.”

2. The Project representatives during the term of this agreement will be:

State Agency: California Coastal Commission

Contractor: City/ County

Name: “Grant Manager”

Name:“Planning Manager”

Address: 45 Fremont Street, Suite 2000San Francisco, CA 94105-2219

Address:

Phone: (415) 904-5294 Phone: Fax: (415) 904-5400 Fax:

3. Direct all inquiries to:

State Agency: Contractor:

Attachment C

California Coastal Commission

Section/Unit: Section/Unit: Name: “Grant Manager”

Name:“Planning Manager”

Address: 45 Fremont Street, Suite 2000San Francisco, CA 94105-2219

Address:

Phone: (415) 904-5294 Phone: Fax: (415) 904-5400 Fax:

EXHIBIT A-ATTACHMENT I(Interagency Agreement)

Local Coastal Program Grant

Local Assistance Funds

Title:

Organization:

Term of Project: –

SCOPE OF WORK(Insert Scope here)

TASK LIST AND TIMELINE(Insert Task List and Timeline here)

EVALUATION AND REPORTING

a. The Contractor shall promptly provide Project reports with payment requests at least every three months, and upon request by the Commission. Project reports are subject to the Coastal Commission Executive Director’s review and approval. TheProject report shall include a description of work tasks and deliverables completed to date, and a description of completed benchmarks, or progress toward completing benchmarks. In any event Contractor shall provide the Commission a report showing total final Project expenditures with the final Request for Funds and required closing documents. Contractor shall submit all documentation for Project completion, as applicable, and final reimbursement by the end of the contract period, April 30, 2016.

b. Final payment is contingent upon Commission verification that Project is consistent with the Scope of Work as described in Exhibit A- Attachment I, together with anyCommission approved amendments.

c. Contractor must report to the Commission in the Project Budget all sources of other funds for the Project.

BUDGET

(Insert Budget here- sample template below)

LABOR COSTS

Position Title

Hourly Rate (salary plus benefits, incl. fringe benefits- see guidelines [1]

# of Hours

CCC Total (# of hours x rate per hour)

OPC Grant Funds

Match/Other Funds (In-kind)

Total (LCP Grant Funds + Match/ Other Funds)

Task 1 – [insert name][insert staff title] $0 $0 $0 $0 Total Task 1 0 $0 $0 $0 $0 Task 2 – [insert task name][insert staff title] $0 $0 $0 $0 Total Task 2 0 $0 $0 $0 $0 Task 3 – [insert task name][insert staff title] $0 $0 $0 $0 Total Task 3 0 $0 $0 $0 $0 Task 4 – [insert task name][insert staff title] $0 $0 $0 $0 Total Task 4 0 $0 $0 $0 $0 Total Labor Costs 0 $0 $0 $0 $0 DIRECT COSTS

Expense Unit Rate/Cost

# of Units

CCC Grant Funds (Unit Rate x # of Units)

Match/Other Funds (In-Kind)

Match/Other Funds (Source #2)

Total (LCP Grant Funds + Match/ Other Funds)

Project Supplies Postage/Shipping $0 $0 Supplies/Materials $0 $0 Total $0 $0 $0 Travel In State[2] Mileage $0 $0 $0 $0 Hotel, etc. $0 $0 $0 $0 Total $0 $0 $0 $0 Subcontractors[3]

Task 1 – [insert task name] Consultant $0 Total Task 1 $0 $0 $0 $0 Task 2 – [insert task name] Consultant $0 Total Task 2 $0 $0 $0 $0 Task 3 – [insert task name] Consultant $0 Total Task 3 $0 $0 $0 $0 Task 4 – [insert task name] Consultant $0 Total Task 4 $0 $0 $0 $0 Total subcontractors $0 $0 $0 $0 Total Direct Costs $0 $0 $0 $0

OVERHEAD / INDIRECT COSTS[3] $0 $0 $0

TOTAL PROJECT COST $0 $0 $0 $0

[1] Amount requested for benefits not to exceed 40% of amount requested for salary or wage.[2] Travel reimbursement rates are the same as similarly situated state employees.[3] All subcontractors must be selected pursuant to a competitive bidding process that seeks at least three (3) bids from responsible bidders. [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 Personnel.”

EXHIBIT B

BUDGET DETAIL AND PAYMENT PROVISIONS

1. Request for Funds

A. For services satisfactorily rendered and upon receipt and approval of the Request for Funds payment request form described below (the “RFF form”), the Commission agrees to compensate the Contractor for actual expenditures incurred in accordance with the

rates specified herein or attached hereto. Please note, invoiced services must occur during the term of this Agreement.

B. Contractor shall submit each RFF form, in triplicate, no more frequently than monthly but no less frequently than quarterly (assuming activity occurred within that quarter). RFF forms shall be submitted in arrears to:

California Coastal CommissionAttn: Grant Manager45 Fremont Street, Suite 2000San Francisco, CA 94105-2219

C. Each RFF form shall contain the following information:1. Contractor’s name and address as shown in this Agreement.2. Date of the RFF form.3. Time period covered by the RFF form.4. Contract number as shown on this Agreement.5. Original signature of the Contractor (not required if printed

using preprinted letterhead paper).6. Itemized costs for the billing period in the same or greater level

of detail as indicated in the Budget (see Exhibit A-1), with supporting documentation. Only those costs and/or cost categories expressly identified in this Agreement may be reimbursed.

7. Remaining balance listed by Task number from the Scope of Work (see Exhibit A-1) including the cumulative expenditures to date, the expenditures during the reporting period, and the unexpended balance of funds under this Agreement.

D. Attached to the RFF form, the Contractor 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 subcontractor, and comparing it to the status required by the Scope of Work (budget, timeline, tasks, etc.).

E. Notwithstanding the foregoing, the Grant Manager of the Commission may request and the Contractor 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 Contractor’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 Contractor unless and until the Contractor corrects all deficiencies.

G. Any RFF form that is submitted without the required itemization and documentation will not be authorized. If the RFF form package is incomplete, inadequate or inaccurate, the Commission will inform the Contractor and hold the payment request until all required information is received or corrected. Contractor shall submit a RFF form no more frequently than monthly but no less frequently than quarterly (assuming activity occurred within that quarter). Any penalties imposed on the Contractor by a subcontractor, or other consequence, because of delays in payment will be paid by the Contractor and is not reimbursable under this Agreement.

2. Budget Contingency Clause

A. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and effect. In this event, the Commission shall have no liability to pay any funds whatsoever to Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

B. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the Commission shall have the option to either cancel this Agreement with no liability accruing to the Commission, or offer an agreement amendment to Contractor to reflect the reduced amount.

3. Prompt Payment Clause

Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927

Sample Contract LCP-13-01

Page 1 of 1EXHIBIT C

GENERAL TERMS AND CONDITIONS

PLEASE NOTE: The General Terms and Conditions (GTC-610, effective as of 6/9/2010) are included in the contract by reference to Internet site http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx.See STANDARD AGREEMENT Section 4.

http://www.dgs.ca.gov/ols/Resources/StandardContractLanguage.aspx


Page 1 of 6EXHIBIT D

SPECIAL TERMS AND CONDITIONS

ACKNOWLEDGEMENTThe Contractor shall include an acknowledgement of the use of “California Coastal Commission Local Coastal Program” grant funding in all materials produced as a result of this Agreement. The Commission shall have the right to republish any material generated as a result of this Agreement.

PROJECT EXECUTIONA. Contractor shall complete the Project before the end of the contract period, as

specified in the Standard 213 form. B. Contractor shall provide status reports of the Project at the request of the

Commission.C. Prior to the commencement of any Project work, Contractor agrees to submit in

writing to the Commission for prior approval any deviation from the original Scope of Work pursuant to Exhibit A-1 and/or the Application. Changes in the Scope of Work must continue to ensure timely and effective completion of a new or updated Local Coastal Program for certification by the Commission. Any modification or alteration in the Scope of Work on file with the Commission must be submitted to the Commission for approval. Changes to the Scope of Work may require an amendment to this Agreement (see “Amendments” below).

D. Contractor shall furnish any and all additional funds that may be necessary to complete the Project.

POTENTIAL SUBCONTRACTORSNothing contained in this Agreement or otherwise, shall create any contractual relation between the Commission and any subcontractors, and no subcontract shall relieve the Contractor of its responsibilities and obligations hereunder. The Contractor agrees to be as fully responsible to the Commission for the acts and omissions of its subcontractors 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 Contractor. The Contractor’s obligation to pay its subcontractors is an independent obligation from the Commission’s obligation to make payments to the Contractor. As a result, the Commission shall have no obligation to pay or to enforce the payments of any moneys to any subcontractor.

TRAVEL REIMBURSEMENTTravel Reimbursement shall be at the same rates as similarly situated State employees. If any conflicts exist between the Contractor’s rates and those applicable to State employees, the State’s reimbursement rates shall prevail. Receipts will be required. All travel costs are inclusive within the budgeted amount referenced in this Agreement.PROPERTY PURCHASED



The Contractor agrees to continue using property purchased under this Agreement for the purposes outlined in this Agreement or similar activities until it is fully consumed (i.e. is either fully distributed, damaged, worn-out, or becomes obsolete).

SETTLEMENT OF DISPUTESIf the Contractor believes that there is a dispute or grievance between Contractor and the Commission arising out of or relating to this Agreement, the Contractor shall first discuss and attempt to resolve the issue with the Grant Manager. If the issue cannot be resolved at this level, the Contractor shall follow the following procedures:

If the issue cannot be resolved directly with the Grant Manager, the Contractor 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 Contractor’s position and the remedy sought. Within ten (10) days after receipt of the grievance report, the Chief Deputy Director, or designee, shall meet with the Contractor and the Grant Manager for purposes of resolving the dispute. The decision of the Chief Deputy Director following such a meeting shall be final.

TERMINATIONDuring the term of this Agreement, either party may terminate this Agreement at will by providing thirty (30) days prior written notice to the other party. In the event of a termination, the Contractor shall take all reasonable measures to prevent further costs attributable to the Commission. The Commission shall then be responsible for any reasonable and non-terminable obligations incurred by the Contractor in the performance of this Agreement up to the date of termination, but not to exceed the balance of the total funds which remains unencumbered under this Agreement at the time of termination. The Commission may also terminate this Agreement as set forth in Exhibit C hereto.

On or before the date of termination of this Agreement, whether terminated by the Contractor or the Commission, the Contractor shall provide the Commission with all work, material, data, information, and written, graphic or other work produced, developed or acquired under this Agreement (whether completed or partial), in appropriate, readily useable form.

The Contractor 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 Contractor shall include in any agreement with any contractor retained for work under this Agreement a provision that entitles the Contractor to suspend or terminate the agreement with the contractor for any reason on written notice and on the same terms and conditions specified in this section.

REIMBURSEMENTComplete reimbursement of funds under this Agreement will be dependent upon successful completion of the final deliverable of this Agreement. Contractor agrees that up to 20% of the total amount due hereunder may not be reimbursable until all final deliverables have been completed by the Contractor.

AMENDMENTSThis Agreement may only be amended by mutual agreement in writing between Contractor and Commission. Any request by the Contractor for amendments must state the amendment request and reason for the request. The Contractor shall make requests in a timely manner and in no event less than sixty (60) days before the effective date of the proposed amendment.

REALLOCATION OF FUNDSIf Contractor fails to meet the performance criteria and benchmarks in this Agreement, the Commission’s Executive Director (the “Executive Director”) or his designee may cancel this Agreement and re-allocate any unspent funds to one or more of the other approved Contractors whose grant was not fully funded.

Should a Contractor 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 Contractor fail to enter into a contract in a timely manner or fail to meet work program benchmarks, the Executive Director or his designee may reallocate funds to supplement an already awarded grant.

COORDINATION OF SEA-LEVEL RISE PLANNING WORKSea level rise work completed under this Agreement shall be coordinated regionally by Contractor to the extent feasible with other jurisdictions and entities working on sea-level rise projects within the same county or broader regional area relevant for sea-level rise



adaptation, such as the watershed, littoral cell, or area with similar geologic characteristics. Coordination includes early coordination meetings among the different entities, sharing of technical analyses and lessons learned, and consideration of regional adaptation policies.

INSURANCE Throughout the term of this Agreement, for the life of any asset funded by the grant monies awarded pursuant to this Agreement, or for any period of project implementation after the termination date of this Agreement, the Contractor shall maintain self-insurance, as specified in this section, against claims for injuries to persons or damage to property that may arise from or in connection with any activities by the Contractor or its agents, representatives, employees, volunteers, or contractors associated with the Project undertaken pursuant to this Agreement.

If the Contractor provides funds to any subcontractor to accomplish any of the work of this Agreement or provides funds to any subcontractor to carry out a project under this Agreement, the Contractor shall first enter into an agreement with each subcontractor 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 subcontractor, 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 subcontractor 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 completion date of any work undertaken by the subcontractor under the approved Scope of Work.

1. Minimum Scope of Insurance. Coverage shall be at least as broad as:a. Insurance Services Office (“ISO”) Commercial General Liability coverage (occurrence Form CG 0001) or ISO Comprehensive General Liability form (1973) or comparable with Broad Form Comprehensive General Liability endorsement.b. Automobile Liability coverage - ISO Form Number CA 0001, Code 1 (any auto).c. Workers’ Compensation insurance as required by the Labor Code of the State of California.

2. Minimum Limits of Insurance. Contractor shall maintain coverage limits no less than:



a. General Liability:(Including operations, products and completed operations, as applicable)

$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the activities under this Agreement or the general aggregate limit shall be twice the required occurrence limit.

b. Automobile Liability:

$1,000,000 per accident for bodily injury and property damage.

3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the Executive Director.

4. Required Provisions. Each insurance policy required by this section shall be endorsed to state that coverage shall not be canceled by either party, except after thirty days’ prior written notice by certified mail, return receipt requested, has been given to the Executive Director. The general liability and automobile liability policies are to contain, or to be endorsed to contain, the following provisions:

a. The State of California, its officers, agents and employees are to be covered as insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.b. For any claims related to this Agreement, the Contractor’s insurance coverage shall be primary insurance with respect to the State of California, its officers, agents and employees.c. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.

5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact business in the State of California and having a current Best’s rating of “B+:VII” or better or, in the alternative, acceptable to the Commission and approved in writing by the Executive Director.



6. Verification of Coverage. The Contractor shall furnish the Executive Director with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the Executive Director before work commences. The Commission reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage, at any time.

7. Premiums and Assessments . The Commission is not responsible for premiums and assessments on any insurance policy.

Documents

· Web viewYou may apply for either the Coastal Commission, the OPC, or both grant programs. ... Work Program, Budget, and Schedule as a Word document