HomeMy WebLinkAboutSTATE OF CALIFORNIA - 2007-05-07 OR AN G E C O U N T Y
�! COASTKEEPER
-..� EDUCATION/ADVOCACY/RESTORATION/ENFORCEMENT
3151 Airway Avenue,Suite F-110
Costa Mesa,CA 92626
Phone 714-850-1965
Fax 714-850-1592
Website www.Coastkeeper.org
May 3, 2007
Mr. Gil Coerper, Mayor, and City Council Members
City of Huntington Beach
2000 Main St
Huntington Beach, CA 92648
Re: Resolution 2007-31 Wintersberg Channel Diversion Project
Dear Mayor Coerper and City Council Members:
Orange County Coastkeeper is concerned about the effects of urban runoff on the coastal
environment throughout Orange County. Huntington Harbor and the Bolsa Chica wetlands are high
visibility resources in the City of Huntington Beach that have been damaged by urban runoff from the
Garden Grove Wintersberg Channel.
At the May 7th city council meeting you will have the opportunity to help reduce pollution to these
impaired waters. Resolution 2007-31 to approve the proposition 50 grant agreement with the state water
resources control board for the East Garden Grove Wintersberg Channel Urban Runoff Diversion Project-
Phase II appears as item E-8 on the May 7th City Council Agenda. O.C. Coastkeeper strongly supports
this resolution and encourages the city council to approve the resolution. Approving the resolution will
bring over two million dollars in grant funding to the city for construction of a water treatment project to
remove pollutants from the Garden Grove Wintersberg Channel, drastically reducing the pollutant loads
that are currently deposited in the Bolsa Chica Wetlands and Huntington Harbor. City staff has done a
great job of securing these funds in a highly competitive process. The acceptance of these funds is a
rare opportunity to get state funds for a project that will have a major impact on pollution in Huntington
Beach and should not be passed up.
The elimination or diversion of dry weather runoff should be a priority for all city projects in the
future and this project is an example of how protection of the valuable coastal resources of Huntington
Beach can be done at a minimal cost to the city.
Sincerely,
Ray Hiemstra
Associate Director-Programs
Orange County Coastkeeper
A
Council/Agency Meeting Held:
Deferred/Continued to:
Approved ❑ Conditionally Approved ❑ Denied C' y Jerk' SignaI ( re
ig—oCouncil Meeting Date: 5/7/2007 Departmen ID Number: PW 07-019
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: PENELOPE CULBRETH-GRAFT TX ADMINISOR
PREPARED BY:AOBERT F. BEARDSLEY, PE, DIRECTO�OPUBLIC W04�
SUBJECT: Adopt Resolution Approving Grant Funding Agreement and Appropriate
Grant Matching Funds
Fstatment of Issue, Funding Source,Recommended Action,Alternative Action(s),Analysis, Environmental Status,Attachment(s)
Statement of Issue: The City of Huntington Beach applied for and received a $ 2,062,500
competitive Proposition 50 Grant from the State of California for a project that will divert and
treat urban runoff in the west side of Central Park. A resolution approving the Agreement
and authorizing a City representative to sign related documents is required.
Funding Source:
1. The State will award $2,062,500 for the East Garden Grove Wintersburg Channel Urban
Runoff Diversion Project — Phase II. Grant funds and offsetting revenue will be
appropriated to the project account.
2. A 25% grant match amount totaling $687,500 is required. Anticipated grant funds for the
City match are not available at this time. Match funds to be expended in FY 2007/2008 —
FY 2009/2010.
3. Funds will be appropriated to Water Quality Grants, Talbert Lake Diversion Project Phase
II, Drainage Improvements, 89288005.82500.
Recommended Action: Motion to:
1. Adopt Resolution No. 2007-31 A Resolution of the City Council of the City of
Huntington Beach Approving the Proposition 50 Grant Agreement with the State Water
Resources Control Board for the East Garden Grove Wintersburg Channel Urban Runoff
Diversion Project— Phase II;
2. Approve $687,500 from the General Fund reserve for grant match requirement. Funds to
be expended in FY 2007/08 — FY 2009/2010-1 and
3. Appropriate $2,062,500 to the project account, and increase estimated revenues by
$2,062,500 to the Water Quality Grant Fund from the State of California,
89288005.82500.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/7/2007 DEPARTMENT ID NUMBER: PW 07-019
Alternative Action(s): Deny approval of the resolution. This action will result in the
forfeiture of $2,062,500 Proposition 50 grant funds for the East Garden Grove Wintersburg
Channel Urban Runoff Diversion Project— Phase II.
Analysis:
The East Garden Grove Wintersburg Channel Diversion Project — Phase II will involve the
following key aspects:
• Divert up to an additional 1 mgd of urban runoff from the East Garden Grove Wintersburg
Channel's Talbert Lake Phase I Project into an approximate 5-acre Natural Treatment
System on the west side of Central Park;
• Capture and treat sub-watershed urban runoff;
• Rehabilitate Huntington Lake and Shipley Nature Center; and
• Increase groundwater recharge of the aquifer in the vicinity of Huntington Lake & Shipley
Nature Center.
The primary goal of this project is to divert urban runoff from the East Garden Grove
Wintersburg Channel and the Huntington Lake sub-watershed catchment area into a
treatment area to remove pollutants and prevent them from impacting downstream receiving
waters including the lower Bolsa Chica Wetlands, Huntington Harbour and Anaheim Bay.
The 1 mgd of dry weather urban runoff will be treated, infiltrated, and utilized in West Central
Park. Beneficial uses and secondary goals include; enhancing groundwater recharge of the
coastal aquifers beneath Huntington Beach; restoring and enhancing habitat with the
creation of additional treatment areas and water supply opportunities at the Shipley Nature
Center, restoring and enhancing habitat by rehabilitating Huntington Lake, and stimulating
public education and outreach to encourage pollution source control and prevention within
the urban watershed.
The City of Huntington Beach will provide 100% of the match required for this grant. It was
anticipated that the source for the match would be the Federal Water Resources
Development Act Bill currently waiting approval in Congress. The City had a line item within
the bill that would have been used for the grant match requirement. Other possible sources
include various EPA and state funding opportunities. If grants are received, the General
Fund would be reimbursed for incurred expenses.
A draft copy of the Grant Agreement is attached for reference. The City Attorney has
accepted the draft Agreement as to form, however there are several concerns with the
General Conditions contained in the Agreement. Staff has attempted to modify the State
Board's General Conditions in the past with no success. Despite similar concerns with
previous Agreements, the City has executed State Water Board Grant Agreements that
include the same Conditions and staff recommends approval of this Agreement. The
following concerns were raised:
1) Exhibit C — General Conditions, Paragraph 14 provides an alternate dispute
resolution procedure that limits the City's rights in the event of a dispute;
-2- 4/25/2007 5:02 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/7/2007 DEPARTMENT ID NUMBER: PW 07-019
2) Exhibit C — General Conditions, Paragraph 21 requires the City provide and
maintain insurance for the project;
3) Exhibit C — General Conditions, Paragraph 32 requires the City indemnify the
State Water Board and the State for all claims arising out of the Project, including
claims for environmental law violations;
4) Exhibit C — General Conditions, Paragraph 34 allows the State Water Board to
recover its cost and attorney fees in the event of litigation with the City;
5) Exhibit C — General Conditions, Paragraph 35 requires the City to repay the grant
is an uncured material breach by the City is established by the State Water
Board.
Strategic Plan Goal:
This project meets several of the City's Strategic Plan goals; including, improving the City's
plan for funding and completing infrastructure needs, preserving the quality of our
neighborhoods, maintaining open space, creating an environment that promotes tourism and
also provides quality public service with the highest professional standards to meet
community needs.
Public Works Commission Action: Not required.
Environmental Status: All required environmental analysis and compliance for this project
will be accomplished upon design completion and construction authorization.
Attachment(s):
DescriptionCity Clerk's
Page Number No.
1. A Resolution of the City Council of the City of Huntington Beach
Approving the Proposition 50 Grant Agreement with the State Water
Resources Control Board for the East Garden Grove Wintersburg
Channel Urban Runoff Diversion Project — Phase II (Draft Grant
A reement Attached
2. Conceptual Project Design
-3- 4/25/2007 2:32 PM
ATTACHMENT # 1
RESOLUTION NO. 2007-31
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH APPROVING THE PROPOSITION 50 GRANT
AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD FOR THE
EAST GARDEN GROVE WINTERSBURG CHANNEL URBAN
RUNOFF DIVERSION PROJECT—PHASE II
WHEREAS, the City Council desires to approve the Proposition 50 Grant Agreement
with the State Water Resources Control Board for funds in connection with the East Garden
Grove Wintersburg Channel Urban Runoff Diversion Project—Phase II,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. That the Agreement is hereby approved; and
2. That the Director of Public Works or his/her designee, is hereby authorized to
execute the Agreement, and any amendments thereto, on behalf of the City.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 7th day of May , 20 o7
o a�
REV ED AND APPROVED: APP ED AS TO FORM:
City Administrator ty Attorne
IAT AND APPROVED: q a�v
Director of Public Works
07-990/9330
• n No.20OX I
?�t''�FOR'STATE USEONLY:�.�1'i`.
DGS REGISTRATION NO.
2005-2006 CONSOLIDATED GRANTS-PROPOSITION 50 COASTAL NONPOINT POLLUTION
CONTROL PROGRAM
GRANT AGREEMENT U
BETWEEN THE
STATE WATER RESOURCES CONTROL BOARD,hereinafter called"State"or"State Water Board"
AND
CITY OF HUNTINGTON BEACH,hereinafter called"Grantee"
East Garden Grove Wintersburg Channel Urban Runoff Diversion—Phase II,hereinafter called'Project"
AGREEMENT NO.06-338-558-0
State and Grantee hereby agree as follows:
PROVISION(S).The following provision(s)authorize the State Water Board to enter into this type of Grant Agreement:
WC§79543(Pr 50 Coastal Nonpoint Source Pollution Control)
PURPOSE.State shall provide a grant to and for the benefit of Grantee for the purpose of diverting an additional one million
(1,000,000) gallons per day of urban runoff to the west side of Central Park to protect and improve the water .
quality of impaired receiving waterbodies.
GRANT AMOUNT.The maximum amount payable under this Agreement shall not exceed$2,062,500.00. Global Positioning
System(GPS)locations for any monitoring must be identified for this Project prior to any disbursements.
TERM of AGREEMENT.The term of the Agreement shall begin on(datE)and continue through Project completion plus twenty-
three (23)years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK
SHALL BE COMPLETED BY MARCH 1, 2010. ABSOLUTELY NO FUNDS MAY BE REQUESTED
AFTER APRIL 1,2010.
PROJECT REPRESENTATIVES. The Project Representatives during the term of this Agreement will be:
State Water Board Grantee: City of Huntington Beach
Name: Talitha Sweane ,Grant Manager Name: David Webb,Project Director
Address: 3737 Main Street,Suite 500 Address: 2000 Main Street
City,Zip: Riverside,92501 City,Zip: Huntington Beach,92648
Phone: 951 -3219 Phone: 714 375-5077
Fax: 951 686-8113 Fax: 174 374-1537
e-mail: tsweane waterboards.ca. ov e-mail: dwebb surfcit -hb.or
Direct all inquiries to:
State Water Board Grantee: City of Huntington Beach
Section: Division of Financial Assistance Section:
Attention: Pam Nichols,Program Analyst Name: Geraldine Lucas,Grant Contact
Address: 1001 "1"Street, 17th Floor Address: 2000 Main Street
City,Zip: Sacramento,95814 City,Zip: Huntington Beach,92648
Phone: 916 341-5909 Phone: 714 375-8494
Fax: 916 341-5296 Fax7 714 374-1573
e-mail: Rnicholsawaterboards.ca. ov e-mail: lucas surfcit -hb.or
Either party may change its Project Representative upon written notice to the other party.
City of Huntington Beach
State Water Board Grant Agreement No.06-33&5 i"ion No. 2007-3]
Page 2 of 21
STANDARD PROVISIONS.The following exhibits are attached and made a part of this Agreement by this reference:
Exhibit A SCOPE OF WORK
Exhibit B INVOICING,BUDGET DETAIL AND REPORTING PROVISIONS
Exhibit C GENERAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
Exhibit D SPECIAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
Exhibit E TRAVEL AND PER DIEM EXPENSES
GRANTEE REPRESENTATIONS. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and commitments made by the Grantee in its application, accompanying documents, and communications
filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to
comply with all applicable laws,policies and regulations.
IN WITNESS THEREOF,the parties have executed this Agreement on the dates set forth below.
By: By:
Grantee Signature Esteban Almanza,Deputy Director
State Water Resources Control Board,
Division of Administrative Services
Grantee Typed/Printed Name Date
Title and Date Reviewed by:
Office of Chief Counsel
Date:
City of Huntington Beach
State Water Board Grant Agreement No.06-33R&MiQion No. 2007-31
Page 3 of 21
EXHIBIT A
SCOPE OF WORK
A. PLANS AND COMPLIANCE REQUIREMENTS
1. In order for the State and Regional Water Quality Control Board(Regional Water Board)staff to verify
work was adequately performed or conducted,GPS information for project site and monitoring locations
must be identified for this Project prior to any disbursements. Submittal requirements for GPS data are
available at http://www.waterboards.ca.gov/funding/grantinfo.html.
2 The Grantee shall prepare and implement a Project Assessment and Evaluation Plan(PAEP)to detail the
methods of measuring Project benefits and reporting them in accordance with a PAEP. Many projects
include multiple activities that will require measurement of several parameters to evaluate Project
performance. All implementation projects that propose pollution load and/or concentration reductions
must report such reductions annually. Use the 319(h)Non Point Source Pollution Reduction Project
Follow-up Survey Form found at http//www.waterboards.ca.gov/fundinq/docs/grantinfo/319h pollution survey.xls
or a similar format to report annual load reductions. Projects protecting,restoring or creating streams,
shorelines,or wetlands,must report an annual accounting of the acres of wetlands restored and created,
feet of stream bank and shoreline protected and feet of stream channel stabilized. Grantee shall not
implement monitoring and performance assessment and/or evaluation actions prior to PAEP approval by
the Grant Manager. Guidance for preparing the PAEP is available at
http://www.waterboards.ca.gov/fundinq/paep.html.
3 If environmental water quality monitoring(chemical,physical,or biological)is undertaken,the Grantee
shall prepare,maintain,and implement a Monitoring Plan(MP). The MP shall include,but is not limited
to,a description of the monitoring objectives,types of constituents to be monitored,and the sampling
location frequency/schedule for the monitoring activities. The MP will include the schedule for submittal
of monitoring reports. The Grantee shall be prohibited from implementing any sampling or monitoring
activities prior to approval of the MP by the Grant Manager. No monitoring may occur prior to MP
approval. Any changes to the MP must be submitted to the Grant Manager for review and a decision
regarding approval prior to implementation.
4 If an MP is prepared,the Grantee shall also prepare,maintain,and implement a Quality Assurance
Project Plan(QAPP)in accordance with the State Water Board's Surface Water Ambient Monitoring
Program's(SWAMP)QAPP and data reporting requirements,and the USEPA QAPP,EPA AQ/R5,3/01.
Water quality monitoring data includes physical,chemical,and biological monitoring of any surface water.
Electronic submittal of data collected in accordance with SWAMP shall be required. The QAPP shall be
submitted to the State or Regional Water Board's Quality Assurance(QA)Officer for review and a
decision regarding approval prior to the Grantee implementing any sampling or monitoring activities. No
monitoring may occur prior to QAPP approval. Any costs related to monitoring data collected prior to and
not supported by the approved QAPP will not be reimbursed. Guidance for preparing the QAPP is
available at http://www.waterboards.ca.gov/swamp/gal)p.html.
5. All projects are required to comply with the California Environmental Quality Act(CEQA). Work on the
Project cannot begin until the State Water Board has reviewed the CEQA documentation submitted by
the Grantee and given environmental clearance. If the work is conducted on federal land,the Grantee
must also comply with the National Environmental Policy Act(NEPA).
6. If landowner agreements are required,signed copies must be submitted to the Grant Manager before
works begins.
1. If permits are required,the permits must be obtained and signed copies submitted to the Grant Manager
before work begins.
2. State Disclosure Requirements—Include the following disclosure statement in any document,written
report,or brochure prepared in whole.or in part pursuant to this Agreement:
City of Huntington Beach
State Water Board Grant Agreement No.06-3AdMiQion No.2007-31
Page 4 of 21
"Funding for this project has been provided in full or in part through an agreement with the State Water
Resources Control. The contents of this document do not necessarily reflect the views and policies of the
State Water Resources Control Board,nor does mention of trade names or commercial products
constitute endorsement or recommendation for use." (Gov.Code 7550,40 CFR 31.20)
Signage shall be posted in a prominent location at Project site(if applicable)and shall include the State
Water Board logo(available from the Program Analyst)and the following disclosure statement:
"Funding for this project has been provided in full or in part through an agreement with the State Water
Resources Control."
9. The Grantee shall also include in each of its contracts for work under this Agreement a provision that
incorporates the requirements stated within this work item. (Gov.Code 7550)
B. WORK TO BE PERFORMED BY GRANTEE
1. Planning
1.0 Conduct meetings,presentations,and hearings at various times during the course of the project.
2.0 Conduct a topographic survey of the Project site and produce digital topographic data files of the
project area. Process and import the data into an aerial topographic base mapping.
3.0 Review and compile City record drawings of utilities and storm drainage. Verify and update record
drawings.
4.0 Prepare a preliminary site plan and preliminary design report to confirm and/or validate conceptual
design assumptions regarding pollutant loading rates,pump station,conveyance piping,Natural
Treatment System(NTS),and Huntington Lake.
2. Design/Engineering
1.0 Conduct a geotechnical investigation of soil samples collected from various locations in the Project
area to be used to characterize the strength properties of the soil in the site area for detailed
design purposes.
2.0 Prepare a draft Design Report detailing the design assumptions,data,calculations,and other
information and submit to the City and Grant Manager for review and comment.
3.0 Finalize the Design Report based on comments received.
4.0 Prepare sixty percent(60%)and ninety percent(90%)engineering drawings and technical
specifications and submit to the City and Grant Manager for review and comment.
5.0 Prepare and submit the signed and stamped final engineering drawings and technical
specifications to the City and Grant Manager.
3. Construction/Implementation/Startup
1.0 Prepare a"Written Notice to Proceed"and submit to the Grant Manager.
3.2 Conduct pre-,during,and post-construction photo documentation according to State Water Board
guidelines.
3.3 Construct vegetated bioswale from the headworks of the Phase one(1)natural treatment system
(NTS)in Central Park,south towards the Shipley Nature Center,and under Goldenwest Street to
the headworks of the Phase two(2)NTS.
City of Huntington Beach
State Water Board Grant Agreement No.06-326iftion No.2007-3
Page 5 of 21
3.4 Construct a five(5)-acre NTS to the south of Shipley Nature Center in Huntington Beach Park to
treat approximately one million gallons per day(1 mgd)of urban runoff from the East Garden
Grove Wintersburg Channel(EGGWC).
1.0 Construct a vegetated bioswale from the outlet of the Phase two(2)NTS to convey treated water
from the Phase two(2)NTS to Huntington Lake.
2.0 Collect and route drainage from the sub-catchment areas that surround Huntington Lake to a small
NTS constructed on the west side of Huntington Lake. Urban runoff from these sub-catchment
areas will be conveyed,via gravity,in small,vegetated bioswales to this small NTS.
3.0 Construct engineered groundwater recharge zones in the vicinity of Huntington Lake. These
recharge zones will be designed to enhance water flow downward into the underlying aquifers.
4.0 Perform system startup and testing after construction is complete. Ensure that the correct
proportion of urban runoff from the EGGWC Is diverted to the Phase two(2)NTS and that all
vegetated bioswales,NTS,and engineered groundwater recharge zones are functioning as
intended. This will involve measuring flow rates,water quality pre-,and post-treatment(influent
and effluent from NTSs),and groundwater recharge effectiveness.
5.0 Prepare and submit a performance monitoring report to the Grant Manager.
6.0 Submit"As built"drawings of all construction features to the Grant Manager.
City of Huntington Beach
State Water Board Grant Agreement No.06-321dWtftion No. 2007-31
Page 6 of 21
TABLE OF ITEMS FOR REVIEW
this.is-only a sample; as_needed]
Item DESCRIPTION CRITICAL DUE ESTIMATED
DATE DUE DATE
EXHIBIT A—SCOPE OF WORK
A. PLANS AND COMPLIANCE REQUIREMENTS
1. GPS information for Project site and monitoring locations Day 90
2. Project Assessment and Evaluation Plan(PAEP) Day 30
Non Point Source Pollution Reduction Project Follow-up Annually by
Survey Form 12/15
3. Monitoring Plan(MP) Day 90
Monitoring Reports Quarterly/Monthly
4. Quality Assurance Project Plan(QAPP) Day 90
5. Copy of final CEQA/NEPA Documentation Date required
6. Land Owner Agreement(s)
7. Applicable Permits
B. WORK TO BE PERFORMED BY GRANTEE
1. Planning
1.4 Preliminary Site Plan (date)
1.4 Preliminary Design Report (date)
2. Design/Engineering
2.2 Draft Design Report (date)
2.4 60%Engineering Drawings and Specifications (date)
2.4 90%Engineering Drawings and Specifications (date)
3. Construction/Implementation/Startup
3.1 Written Notice to Proceed (date)
3.2 Pre-,during-and Post Construction Photo Documentation (date)
3.9 Performance Monitoring Report (date)
3.10 "As built"Drawings (date)
EXHIBIT B—INVOICING,BUDGET DETAIL,AND REPORTING PROVISIONS
A. INVOICING Quarterly/Mgntfily
E. REPORTS
1. Grant Summary Form Day 90
2. Progress Reports by the twentieth(20 )of the month Quarte_irly/Monthly
following the end of the calendar'quarter..(March.June;
September;and December)delete ifmorithly
3. Natural Resource Projects Inventory(NRPI)Project Before final
Survey Form invoice
4. Draft Project Report 01/01/2010
City of Huntington Beach
State Water Board Grant Agreement No.06-33te8ttlion No. 2007-31
Page 7 of 21
Item DESCRIPTION CRITICAL DUE ESTIMATED
DATE DUE DATE
EXHIBIT A—SCOPE OF WORK
5. Final Project Report 02/01/2010
City of Huntington Beach
State Water Board Grant Agreement No.06-3ft$6Ndon No.2007-31
Page 8 of 21
EXHIBIT B
INVOICING,BUDGET DETAIL AND REPORTING PROVISIONS
A. INVOICING
1. Invoices shall be submitted using the invoice template provided by the State Water Board. The invoice
must be itemized based on the line items specified in the Budget. The original invoice shall be submitted
to the State Water Board's Grant Manager on a(cho'OA`PWIRritFily basis
consistent with the reporting schedule in Section E.2 of this exhibit. The address for submittal is:
Talitha Sweaney,Grant Manager
Regional Water Quality Control Board
3737 Main Street,Suite 500
Riverside,CA 92501
2. Invoices submitted in any other format than the one provided by the State Water Board will cause an
invoice to be disputed. In the event of an invoice dispute,the State Water Board's Grant Manager will
notify the Grantee by initiating an"Invoice Dispute Notification"form. Payment will not be made until the
dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided
above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon
deposit of the payment,properly addressed,postage prepaid,in the United States mail. The State Water
Board Grant Manager has the responsibility for approving invoices.
1. Supporting documentation(e.g.,receipts)must be submitted with each invoice to request reimbursement
for grant funds as well as to support matching funds invoiced. The amount claimed for the Personnel
Services line item and Professional and Consultant Services line item must include a calculation formula
(i.e.hours or days worked times the hourly or daily rate=total amount claimed). Invoice payment shall
be made only after receipt of a complete,adequately supported,properly documented and accurately
addressed invoice.
2. The Grantee shall not request disbursement for any cost until such cost has been incurred and has been
paid by or is due and payable by the Grantee. Although it is agreed that actual payment of such cost by
the Grantee is not required as a condition of the grant disbursement,all grant disbursements received by
the Grantee shall be paid to contractors and vendors within thirty(30)days from receipt of the funds. In
the event that the Grantee fails to disburse grant funds to contractors or vendors within thirty(30)days
from receipt of the funds,the Grantee shall immediately return such funds to the State Water Board.
Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to
the State Water Board. If the Grantee held such funds in interest-bearing accounts,any interest earned
on the funds shall also be due to the State Water Board.
3. Notwithstanding any other provision of this Agreement,no disbursement shall be required at any time or
in any manner which is in violation of,or in conflict with,federal or state laws,rules,or regulations,or
which may require any rebates to the Federal Government,or any loss of tax-free status on state bonds,
pursuant to any Federal statute or regulation.
4. Notwithstanding any other provision of this Agreement,the Grantee agrees that the State Water Board
may retain an amount equal to ten percent(10%)of the grant amount specified in this Agreement until
completion of the Project to the reasonable satisfaction of the State Water Board. Any retained amounts
due to the Grantee will be promptly disbursed to the Grantee,without interest,upon completion of the
Project.
5. The invoice shall contain the following information:
a. The date of the invoice;
b. The time period covered by the invoice,i.e.,the term"from"and"to";
c. The total amount due;and
City of Huntington Beach
State Water Board Grant Agreement No.06-3;§!F§§fj@jon No. 2007-31
Page 9 of 21
d. Original signature and date(in ink)of Grantee or its authorized representative.
e. Final invoice shall be clearly marked"FINAL INVOICE"and submitted NO LATER THAN
APRIL 1,2010.
B. BUDGET CONTINGENCY CLAUSE
The maximum amount to be encumbered under this Agreement for the 200X4X fiscal year ending
June 30,200X shall not exceed TYPE OUT'pOLLAR'AMOUNT(ALPHA)'($NUMERIC).
If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not
appropriate sufficient funds for the program,this Agreement shall be of no force and effect. This provision
shall be construed as a condition precedent to the obligation of the State Water Board to make any payments
under this Agreement. In this event,the State shall have no liability to pay any funds whatsoever to Grantee
or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any
provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a
right of priority for payment over any other Grantee.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program,the State
shall have the option to either cancel this Agreement with no liability occurring to the State,or offer an
Agreement amendment to Grantee to reflect the reduced amount.
C. LINE ITEM BUDGET
PROP.XX MATCH' ;IOTA_L Comment[51]:If no match is
required;delete both the"Match"
column and the'Total"column.
Personnel Services $ $ $ ` Comment S2]•If no match is
Classification Hours Wage/Hour required,delete:both the"Match"
Principal Engineer ## $zx.xx column and the'Tatar Column
Senior Engineer ## $'XX:zx Comment[S3]:Line Item
descriptions listed below are shown
as examples. Leave out any items
Operating Expenses(Prorated for Project) $ $ $ that do not apply. The combination of
grant funds and match must equal the
Includes: total hours x wage for all staff
Travel Expenses .. mcluded:on the budget.
Supplies'(less than$5,000 per item) ---- -------- --------- ICommentS4]:These people must
be employed by Grantee. If
Equipment($5,000 or more per item) $ $ $ preparation of CEQA/NEQA/QAPP
Itemize each piece of equipment documents or constriction services is
done by the Grantee's EE,then costs
are included in the hours/total)
Professional and Consultant Services $ $ $ Comment
------_
--- ---- ----- -------- ----- --
— — — [S5]:List items. If item
described as"equipment"must be
Construction(Contracted Services) $ $ $ followed by: "(lessthan s,5000)"
Comment[S6]:List type of services
Contracted out and Contracting
agency,if known(e.g.,lab work,
QAPP development,CEQA/NEPA,
TOTAL $ $ $ application pemats,etc.)
D. BUDGET LINE ITEM FLEXIBILITY
1. Line Item Adjustment(s). Subject to the prior review and approval of the State Water Board's Grant
Manager,adjustments between existing line item(s)may be used to defray allowable direct costs up to
fifteen percent(15%)of the total grant amount including any amendment(s)thereto. Line item
adjustments in excess of fifteen percent(15%)shall require a formal Agreement amendment.
City of Huntington Beach
State Water Board Grant Agreement No.06-3W56bjon No.2007-31
Page 10 of 21
2. Procedure to Request an Adjustment.Grantee may submit a request for an adjustment in writing to the
State Water Board. Such adjustment may not increase or decrease the total grant amount allocated per
fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the
requested changes. Changes shall be noted by striking the original amount(s)followed with revised
change(s)in bold and underlined. Budget adjustments deleting a budget line item or adding a new
budget line item requires a formal amendment and are not permissible under this provision. The State
Water Board may also propose adjustments to the budget.
3. Remaining Balance. In the event the Grantee does not submit invoices requesting all of the funds
encumbered under this Grant Agreement,any remaining funds revert to the State.The State Water Board
will mail a Notice of Project Completion letter to the Grantee stating that the project file is closed,the final
invoice is being processed for payment,and any remaining balance will be disencumbered and
unavailable for further use under the Grant Agreement.
E. REPORTS
1. GRANT SUMMARY FORM. Grantee shall complete a one(1)page Grant Summary Form
http://www.waterboards.ca.gov/funding/docs/grantinfo/grantsum.doc within three(3)months of the
Agreement execution. A hard copy shall be submitted to the Grant Manager and an electronic copy to the
Program Analyst for State Water Board website posting.
2. PROGRESS REPORT. Grantee shall submit(choose either)„quarterly/monthly progress reports to the
State Water Board's Grant Manager by the twentieth(20")of the month(delete if monthly leave if
quartetly)'following'the end of the calendar quart6r', MarcFi,June September andMDgcembe)
a. The progress reports shall provide a brief description of the work performed,accomplishments during
the(choose'.eitfieryquafteilrnorith,milestones achieved,monitoring results(if applicable),and any
problems encountered in the performance of the work under this Agreement. Grantee shall
document all contractor activities and expenditures in progress reports.
b. The invoice should accompany the progress report. The invoice should reflect charges for the work
completed during the reporting period covered by progress report. The invoice cannot be paid prior
to submission of a progress report covering the invoice reporting period.
3. NRPI SURVEY FORM. At the completion of this Project,the Grantee shall complete and submit
electronically a Natural Resource Project Inventory(NRPI)Project Survey Form found at
http://www.ice.uGdavis.edu/nrpi. A hard copy shall be submitted to the Program Analyst prior to final
payment.
4. DRAFT PROJECT REPORT. Prepare and submit to the Grant Manager a draft Project Report for review
and comment that includes and addresses the following narrative sections and items.Additional
requirements are listed in Exhibit D.
a. A summary of the Project,describing Project purpose,scope and goals,activities completed,
techniques used and partners involved.
a. A report of all monitoring and management practices or management measures implemented,
together with their corresponding locations. The report shall be in a format that enables the Grant
Manager to find the physical location of each implemented practice or measure and/or monitoring
event in a quick and efficient manner. Acceptable formats include,but are not limited to:
• Map of locations—The map of practices or measures implemented shall consist of dots placed on
a USGS 7.5-minute quadrangle map at the implementation location. Lead lines shall be
connected to a text box description of the practice or measure. The dots shall have a small
enough diameter to enable the Grant Manager to locate the measure or practice within a 50-foot
radius.
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• Project coding system—The project coding system shall explain the coding used to describe
each implemented practice or measure and include a reference to the corresponding GPS
location(s).
c. Describe Project performance,including benefits,successes and shortcomings,consistent with the
PAEP. Enumerate specific quantifiable environmental changes and results of the Project. As
appropriate,include 1)behavioral results such as the amount of management practices or measures
implemented,2)estimates or measurements of the amount of pollutants prevented from reaching
surface or ground water,3)documented changes in water quality based on monitoring,and 4)
improved or protected beneficial uses.
d. Identify lessons learned in carrying out the Project. Describe what worked and what did not work,
and how similar efforts could be utilized within the Project area,as well as in other watersheds.
e. Describe the extent of outreach that has been conducted and if there are plans to further promote the
results of the Project to achieve additional implementation.
f. Describe the Project's funding. Include the projected cost and actual cost of the Project,how much of
the grant funds were spent,and how much funding was put into the Project from other sources.
Identify funding sources that have been"leveraged"by the Project and plans for funding future
activities.
g. Identify planned or potential follow-up activities,such as any additional steps necessary to achieve
the water quality objectives,Total Maximum Daily Loads(TMDL)or local watershed plans.
h. Include appropriate photos and graphics.
i. A list of items submitted as outlined in the Table of Items for Review.
j. Any additional information that is deemed appropriate by the Project Director or Grant Manager.
5. FINAL PROJECT REPORT. Prepare a final Project Report that addresses,to the extent feasible,
comments made by the Grant Manager on the draft final Project Report. Submit one(1)reproducible
master,two(2)copies,and an electronic copy of the final.
6. The Grantee agrees to expeditiously provide,during work on the Project and throughout the term of this
Agreement,such reports,data,information,and certifications that may be reasonably required by the State
Water Board.
F. PAYMENT OF PROJECT COSTS
The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs
connected with the Project will be paid by the Grantee on a timely basis.
G. AUDIT DISALLOWANCES
The Grantee agrees it shall return any audit disallowances to the State Water Board.
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EXHIBIT C
GENERAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in
writing,signed by the parties and approved as required.No oral understanding or agreement not incorporated
in the Agreement is binding on any of the parties.
2. APPROVAL:The Grantee will not proceed with any work on the Project until authorized in writing by the State
Water Board.
3. ASSIGNMENT:This grant is not assignable by the Grantee,either in whole or in part,without the consent of
the State Water Board.
4. AUDIT: Grantee agrees that the awarding department, the Bureau of State Audits, or their designated
representative shall have the right to review and to copy any records and supporting documentation
pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for a possible
audit for a minimum of twenty-three(23)years after final payment,unless a longer period of records retention
is stipulated. Grantee agrees to allow the auditor(s) access to such records during normal business hours
and to allow interviews of any employees who might reasonably have information related to such records.
Further, Grantee agrees to include a similar right of the State to audit records and interview staff in any
contract related to performance of this Agreement.
5. BONDING: Where contractors are used, Grantee shall not authorize construction to begin until each such
contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful
performance (100%)of contract value; labor and materials (100%)of contract value. This requirement shall
not apply to any contract for less than$20,000.00.
6. CALFED PROGRAM CONSISTENCY. If this Project assists in meeting any of the CALFED Bay-Delta
Program Goals,this Project shall be consistent with the CALFED Programmatic Record of Decision and must
be implemented,to the maximum extent possible,through local and regional programs.
7. CEQA/NEPA:
No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental
Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA
process are received by the Grant Manager and the State Water Board has given environmental
clearance. No work that is subject to an Environmental Impact Report or a Mitigated Negative
Declaration may proceed until and unless approved by the Deputy Director of the State Water Board's
Division of Financial Assistance (Division). Such approval is fully discretionary and shall constitute a
condition precedent to any work for which it is required.
If this Project includes modification of a river or stream channel, it must fully mitigate environmental
impacts resulting from the modification. The Grantee must provide documentation that the environmental
impacts resulting from such modification will be fully mitigated considering all of the impacts of the
modification and any mitigation, environmental enhancement, and environmental benefit resulting from
the Project,and whether, on balance, any environmental enhancement or benefit equals or exceeds any
negative environmental impacts of the Project.
8. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with
and require its contractors and subcontractors to comply with all applicable federal and state laws, rules,
guidelines,regulations, and requirements.Without limitation of the foregoing,the Grantee agrees that, to the
extent applicable,the Grantee will comply with the provisions of the adopted environmental mitigation plan for
the term of this Agreement,or the useful life of the Project,whichever is longer.
9. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to
ensure that state funds will not be used in the performance of this Agreement for the acquisition,operation or
maintenance of computer software in violation of copyright laws.
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10. CONFLICT OF INTEREST. Grantee certifies that it is in compliance with applicable state and/or federal
conflict of interest laws.
11. CONTINUOUS USE OF PROJECT;LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that,except
as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the
Project or any significant part or portion thereof during the useful life of the Project without prior written
approval of the Division. Such approval may be conditioned as determined to be appropriate by the Division,
including a condition requiring repayment of all or any portion of all remaining grant Project funds covered by
this Agreement together with accrued interest and any penalty assessments which may be due.
12. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the
provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds,
or if such breach shall result in an obligation on the part of the State to reimburse the federal government by
reason of any arbitrage profits, the Grantee shall immediately reimburse the state in an amount equal to any
damages paid by or loss incurred by the state due to such breach.
13. DATA MANAGEMENT. This Project includes appropriate data management activities so that Project data
can be incorporated into appropriate statewide data systems.
14. DISPUTES: Grantee shall continue with the responsibilities under this Agreement during any dispute. Any
dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by
the Deputy Director of the Division,or his or her authorized representative.The decision shall be reduced to
writing and a copy thereof furnished to the Grantee and to the State Water Board's Executive Director. The
decision of the Division shall be final and conclusive unless, within thirty(30)calendar days after mailing of
the Division decision to the Grantee,the Grantee mails or otherwise furnishes a written appeal of the decision
to the State Water Board's Executive Director. The decision of the State Water Board's Executive Director
shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent,
or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by
substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an
opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute
hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and
requirements of this Agreement. This clause does not preclude consideration of legal questions, provided
that nothing herein shall be construed to make final the decision of the State Water Board, or any official or
representative thereof,on any question of law.
15. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a
minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a
level of expenditure adequate to establish that such funds have not been used in violation of state law or this
Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with
generally accepted accounting principles.
16. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the
State of California.
17. GRANT MODIFICATIONS:The State Water Board may,at any time,without notice to any sureties,by written
order designated or indicated to be a "grant modification", make any change in Exhibit A, for the work to be
performed under this Agreement so long as the modified work is within the general scope of work called for by
this Agreement,including but not limited to changes in the specifications or in the method,manner,or time of
performance of work. If the Grantee intends to dispute the change, the Grantee must, within ten (10)days
after receipt of a written"grant modification",submit to the State Water Board a written statement setting forth
the disagreement with the change.
18. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts
(including any interest thereon)accruing to or received by the Grantee under this Agreement shall be paid by
the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has
been reimbursed by the State under this Agreement.
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19. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this
Agreement,shall act in an independent capacity and not as officers,employees or agents of the State Water
Board.
20. INSPECTION: Throughout the life of the Project, the State Water Board shall have the right to inspect the
Project area to ascertain compliance with this Agreement. Grantee acknowledges that the Project records
and location are public records.
21. INSURANCE: Throughout the life of the Project, the Grantee shall provide and maintain insurance against
fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to
this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact
business in the State of California. The insurance policy shall contain an endorsement specifying that the
policy will not be cancelled or reduced in coverage without thirty days' prior written notice to the State Water
Board. In the event of any damage to or destruction of the Project or any larger system of which it is a part,
the net proceeds of insurance shall be applied to the reconstruction,repair or replacement of the damaged or
destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair, or
replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in
connection with such reconstruction, repair or replacement so that the same shall be completed and the
larger system shall be free of all claims and liens.
22. 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, sexual orientation,
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.
23. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies
to,any third party as a beneficiary of this grant Agreement,or of any duty,covenant,obligation or undertaking
established herein.
24. NOTICE:
The Grantee shall notify the State Water Board prior to conducting construction, monitoring,
demonstration, or other implementation activities such that State Water Board and/or Regional Water
Board staff may observe and document such activities.
The Grantee shall promptly notify the State Water Board of events or proposed changes that could affect
the scope, budget, or work performed under this Agreement. The Grantee.agrees that no substantial
change in the scope of the Project will be undertaken until written notice of the proposed change has
been provided to the Stale Water Board, and the State Water Board has given written approval for such
change.
The Grantee shall notify the State Water Board at least ten(10)working days prior to any public or media
event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for
attendance and participation by State Water Board's representatives.
The Grantee shall promptly notify the State Water Board in writing of completion of work on the Project.
The Grantee shall promptly notify the State Water Board in writing of any cessation of all major
construction work on the Project where such cessation of work is expected to or does extend for a period
of thirty(30)days or more and of any circumstance,combination of circumstances,or condition,which is
expected to or does delay completion of construction for a period of ninety(90)days or more beyond the
estimated date of completion of construction previously provided.
25. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures
constructed or improved as part of the Project throughout the life of the Project,consistent with the purposes
for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities
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and structures; the State Water Board shall not be liable for any cost of such maintenance, management or
operation. The Grantee may be excused from operations and maintenance only upon the written approval of
the Grant Manager. For purposes of this Agreement, "operation costs" include direct costs incurred for
material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs"
include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets
and basic structures,and the expenditure of funds necessary to replace or reconstruct capital assets or basic
structures.
26. PERMITS,CONTRACTING,WAIVER,REMEDIES AND DEBARMENT:The Grantee shall procure all permits
and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees,
and give all notices necessary and incidental to the due and lawful prosecution of the work. Any contractors,
outside associates, or consultants required by the Grantee in connection with the services covered by this
Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during
negotiations for this Agreement,or as are specifically authorized by the State Water Board's Grant Manager
during the performance of this Agreement. Any substitutions in,or additions to,such contractors,associates,
or consultants, shall be subject to the prior written approval of the State Water Board's Grant Manager. Any
waiver of rights with respect to a default or other matter arising under the Agreement at any time by either
party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and
remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided
by law. The Grantee shall not contract with any party who is debarred or suspended or otherwise excluded
from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment
and Suspension". The Grantee shall not contract with any individual or organization on USEPA's List of
Violating Facilities.(40 CFR,Part 31.35,Gov.Code 4477)www.epls.gov. The Grantee certifies to the best of
its knowledge and belief,that it and its principals:
Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded by any federal department or Grantee;
Have not within a three-year period preceding this Agreement been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain,or performing a public(federal,state or local)transaction or contract under a public
transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery,falsification or destruction of records,making false statements,or receiving stolen property;
Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal,
state or local) with commission of any of the offenses enumerated in paragraph (b)of this certification;
and
Have not within a three (3)-year period preceding this application/proposal had one or more public
transactions(federal,state or local)terminated for cause or default.
27. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable,the Grantee agrees to be bound by all the
provisions of State Labor Code regarding prevailing wages. If applicable, the Grantee shall monitor all
agreements subject to reimbursement from this Agreement to assure that the prevailing wage provisions of
State Labor Code are being met. The Grantee certifies that it has a labor compliance program in place
pursuant to section 1771.8 of the Labor Code,where applicable.
28. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services
under this Agreement where such services are called for.
29. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally
accepted accounting principles,the Grantee agrees to:
Establish an official file for the Project which shall adequately document all significant actions relative to
the Project;
Establish separate accounts which will adequately and accurately depict all amounts received and
expended on this Project,including all grant funds received under this Agreement;
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Establish separate accounts which will adequately depict all income received which is attributable to the
Project,especially including any income attributable to grant funds disbursed under this Agreement;
Establish an accounting system which will adequately depict final total costs of the Project,including both
direct and indirect costs;
Establish such accounts and maintain such records as may be necessary for the state to fulfill federal
reporting requirements, including any and all reporting requirements under federal tax statutes or
regulations;and
If Force Account is used by the Grantee for any phase of the Project, establish an account that
documents all employee hours,and associated tasks charged to the Project per employee.
30. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under
this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water
Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding
any conflicting language in this Agreement, the Grantee agrees to complete the Project funded by this
Agreement or to repay all of the grant funds plus interest.
31. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer
programs, operating manuals, notes, and other written or graphic work produced in the performance of this
Agreement shall be in the public domain. The Grantee may disclose,disseminate and use in whole or in part,
any final form data and information received, collected, and developed under this Agreement, subject to
appropriate acknowledgement of credit to the State Water Board for financial support. The Grantee shall not
utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so.
32. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project
applications, documents, permits, plans and specifications or other Project information by the State Water
Board is for administrative purposes only and does not relieve the Grantee of its responsibility to properly
plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent
permitted by law,the Grantee agrees to indemnify,defend and hold harmless the State Water Board and the
State against any loss or liability arising out of any claim or action brought against the State Water Board
and/or the State from and against any and all losses, claims, damages, liabilities or expenses, of every
conceivable kind,character and nature whatsoever arising out of,resulting from,or in any way connected with
(1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or
about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2)
the carrying out of any of the transactions contemplated by this Agreement or any related document; (3)any
violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the
Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource
Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water
Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water
Code Section 13304, and any successors to said laws), rule or regulation or the release of any toxic
substance on or near the System;or(4)any untrue statement or alleged untrue statement of any material fact
or omission or alleged omission to state a material fact necessary to make the statements required to be
stated therein, in light of the circumstances under which they were made, not misleading with respect to any
information provided by the Grantee for use in any disclosure document utilized in connection with any of the
transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to
pay and discharge any judgment or award entered or made against the State Water Board and/or the State
with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The
provisions of this section shall survive the term of this Agreement.
33. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental
environmental projects required by Regional Boards.
34. STATE WATER BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy
provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy
available to the State Water Board as a result of breach of this Agreement by the Grantee, whether such
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breach occurs before or after completion of the Project, and exercise of any remedy provided by this
Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal
remedy or right which would otherwise be available. In the event of litigation between the parties hereto
arising from this Agreement,it is agreed that the State Water Board shall be entitled to such reasonable costs
and/or attorney fees as may be ordered by the court entertaining such litigation.
35. TERMINATION,IMMEDIATE REPAYMENT,INTEREST:This Grant Agreement may be terminated by written
notice at any time prior to completion of the Project,at the option of the State Water Board,upon violation by
the Grantee of any material provision after such violation has been called to the attention of the Grantee and
after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a
reasonable time as established by the State Water Board. In the event of such termination, the Grantee
agrees,upon demand,to immediately repay to the State Water Board an amount equal to the amount of grant
funds disbursed to the Grantee prior to such termination. In the event of termination,interest shall accrue on
all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to the
Grantee to the date of full repayment by the Grantee.
36. TIMELINESS:Time is of the essence in this Agreement. The Grantee shall proceed with and complete the
Project in an expeditious manner.
37. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates not to
exceed those amounts set forth in Exhibit E. No travel outside the State of California shall be reimbursed
unless prior written authorization is obtained from the State Water Board.
38. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held
to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have
full force and effect and shall not be affected thereby.
39. URBAN WATER MANAGEMENT PLAN. The Grantee certifies that this Project complies with the Urban
Water Management Planning Act(Water Code§ 10610 et seq.). This shall constitute a condition precedent
to this grant agreement.
40. USEFUL LIFE OF PROJECT: For the purpose of this Agreement,the useful life of any constructed portions
of this Project begins upon completion of construction and continues until fifty (50) years thereafter for
pipelines and structures and twenty(20)years for all else.
41. VENUE: The State Water Board and the Grantee hereby agree that any action arising out of this Agreement
shall be filed and maintained in the Superior Court in and for the County of Sacramento, California,or in the
United States District Court in and for the Eastern District of California. The Grantee hereby waives any
existing sovereign immunity for the purposes of this Agreement.
42. WATERSHED MANAGEMENT PLAN CONSISTENCY. Grantee certifies that any watershed protection
activity undertaken as part of this Project will be consistent with the applicable, adopted, local watershed
management plans and the applicable Water Quality Control Plan(Basin Plan)adopted by a Regional Water
Board, where such plans exist. Any such activity occurring in the San Gabriel and Los Angeles watersheds
shall be consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan as adopted
by the San Gabriel and Lower Los Angeles Rivers and Mountain Conservancy and the Santa Monica
Mountains Conservancy.
43. WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Board may withhold all or any portion of
the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or
threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the
Grantee fails to maintain reasonable progress toward completion of the Project.
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EXHIBIT D
SPECIAL CONDITIONS—2005-06 CONSOLIDATED GRANTS
Proposition 50 Coastal Nonpoint Source Pollution Control Program[WC§795431
1. The Grantee certifies that this is a Project to restore and protect the water quality and environment of coastal
waters,estuaries,bays and nearshore waters,or groundwater.
2. The Grantee certifies that,for the purposes of this Project, it has not received,will not apply for,and hereby
withdraws outstanding applications for money through the Prop 13 Coastal Nonpoint Source Program (Water
Code § 79148 et seq.)or the Prop 13 Nonpoint Source Pollution Control Program (Water Code § 79110 et
seq.).
3. The Grantee certifies that it is an entity defined under section 79148.8 of the California Water Code.
4. The Grantee certifies that this Project is intended to produce sustained, long-term water quality or
environmental restoration or protection benefits for a period of twenty(20)years.
5. The Grantee certifies that this Project is intended to address the causes of degradation, rather than
symptoms.
6. The Grantee in good faith represents that this Project is consistent with water quality and resource protection
plans prepared, implemented, or adopted by the State Water Board, the applicable Regional Water Board,
and the California Coastal Commission.
7. Notwithstanding Exhibit A, the Grantee shall submit a monitoring and reporting plan that will do all of the
following:
a. Identify the nonpoint source or sources of pollution to be prevented or reduced by Project
b. Describe the baseline water quality or quality of the environment to be addressed
c. Describe the manner that Project will prevent or reduce pollution and demonstrate desired environmental
results.
8. Notwithstanding Exhibit A, upon completion of the Project, the Grantee shall submit a report to the State
Water Board that summarizes the completed activities and indicates whether the purposes of the Project have
been met. The report shall include information collected by the recipient in accordance with the Project
monitoring and reporting plan, including a determination of the effectiveness of the Project in preventing or
reducing pollution.
9. The Grantee shall inform the State Water Board with regard to necessary public agency approvals,
entitlements, and permits that may be necessary to implement the Project. The Grantee shall certify to the
State Water Board,at the appropriate time,that it has obtained those approvals,entitlements,and permits.
10. The Grantee certifies that if a recovery plan for coho, steelhead, or other threatened or endangered aquatic
species exists,this Project is consistent with such a plan and,if feasible,implements actions in such a plan.
11. Where applicable, the Grantee shall include a monitoring component as part of this Project that allows the
integration of data into statewide monitoring effort, including but not limited to the State Water Board's
Surface Water Ambient Monitoring Program (SWAMP)or Groundwater Ambient Monitoring and Assessment
(GAMA)Program.
12. The Grantee certifies that it is providing a match in the amount of at least 15% (for projects less than
$1,000,000) or 20% (for projects from $1,000,000 to $5,000,000) of the capital costs to be spent on this
Project,as such costs are defined under Section 32025 of the Public Resources Code.
City of Huntington Beach
State Water Board Grant Agreement No.06-3M6bAion No. 2007-31
Page 19 of 21
13. The Grantee certifies that in no event will it complete this Project later than March of 2010. It acknowledges
that this condition is a material condition of this grant agreement.
14. The Grantee certifies that its Project area falls under the jurisdiction of the California Coastal Commission
and/or the San Francisco Bay Conservation and Development Commission.
15. The Grantee certifies that this Project addresses at least one of the State Water Board or Regional Water
Boards'priorities as identified in Appendix G to the 2005-06 Consolidated Grants Program Guidelines.
City of Huntington Beach
State Water Board Grant Agreement No.06-31e5aiLdton No.2007-31
Page 20 of 21
EXHIBIT E
TRAVEL AND PER DIEM EXPENSES
I. SHORT-TERM PER DIEM EXPENSES
A. In computing reimbursement for continuous short-term travel of more than 24 hours and less than 31
consecutive days, that is at least 50 miles from the main office, headquarters or primary residence, the
employee will be reimbursed for actual costs up to the maximum allowed for each meal, incidental, and
lodging expense for each complete 24 hours of travel,beginning with the traveler's times of departure and
return,as follows:
1. On the first day of travel on a trip of 24 hours or more:
Trip begins at or before 6 a.m. Breakfast may be claimed on the first day.
Trip begins at or before 11 a.m. Lunch may be claimed on the first day.
Trip begins at or before 5 p.m. Dinner may be claimed on the first day.
2. On the fractional day of travel at the end of a trip of more than 24 hours:
Trip ends at or after 8 a.m. Breakfast may be claimed.
Trip ends at or after 2 p.m. Lunch may be claimed.
Trip ends at or after 7 p.m. Dinner may be claimed.
If the fractional day includes an overnight stay, receipted lodging may also be claimed. No meal or
lodging expense may be claimed or reimbursed more than once on any given date or during any 24-
hour period.
3. Reimbursement shall be for actual expenses,subject to the following maximum rates:
Meals:
Breakfast $6.00
Lunch $ 10.00 Receipts are not required for regular
Dinner $ 18.00 short-term travel meals
Incidentals $6.00
Lodging:
Statewide Actual up to$84.00 plus tax
When required to conduct State business and obtain lodging in the counties of Los Angeles and San
Diego,reimbursement will be for actual receipted lodging to a maximum of$110 plus tax.
When required to conduct State business and obtain lodging in the counties of Alameda, San
Francisco, San Mateo, and Santa Clara, reimbursement will be for actual receipted lodging to a
maximum of$140 plus tax.
If lodging receipts are not submitted, reimbursement will be for meals only at the rates and time
frames set forth in B.1 below.
In circumstances where the contractor cannot obtain the state per diem lodging rate,verification from
the hotel that such a rate was not available to the contractor may be submitted to substantiate lodging
costs above the per diem rate.
City of Huntington Beach
State Water Board Grant Agreement No.06-3AtWiftion No. 2007-31
Page 21 of 21
No meal or lodging expenses will be reimbursed for any period of travel that occurs within normal
working hours, unless expenses are incurred at least 50 miles from the main office, headquarters or
primary residence.
B. In computing reimbursement for continuous travel of less than 24 hours, actual expenses, up to the
maximums in A.3 above,will be reimbursed for breakfast and/or dinner and/or lodging in accordance with
the following time frames:
1. Travel begins at or before 6 a.m. and ends at or after 9 a.m.: Breakfast may be claimed. Travel
begins at or before 4 p.m.and ends at or after 7 p.m.: Dinner may be claimed. If the trip of less than
24 hours includes an overnight stay, receipted lodging may be claimed. No lunch or incidentals may
be reimbursed on travel of less than 24 hours.
2. Employees on short-term travel who stay in commercial lodging establishments or commercial
campgrounds will be reimbursed for actual lodging expenses substantiated by a receipt. Employees
who stay with friends or relatives, or who do not produce a lodging receipt, will be eligible to claim
meals only.
ll. LONG-TERM TRAVEL AND PER DIEM EXPENSES
A. Employee maintains a separate residence in the headquarters area:
Long-term travelers who maintain a permanent residence at their primary headquarters may claim daily
long-term lodging up to $24.00 with a receipt, and long-term meals of$24.00 for each period of travel
from 12 to 24 hours at the long-term location. For travel of less than 12 hours, the traveler may claim
either$24.00 in receipted lodging or$24.00 in long-term meals.
B. Employee does not maintain a separate residence in headquarters area:
Long-term travelers who do not maintain a permanent residence at their headquarters may claim daily
receipted lodging up to $12.00, and long-term meals of$12.00 for each period of travel from 12 to 24
hours at the long-term locations. For travel of less than 12 hours,the travelers may claim either$12.00 in
receipted lodging or$12.00 in long-term meals.
III. MILEAGE REIMBURSEMENT
Reimbursement for personal vehicle mileage is 48.5 cents per mile.
IV. VEHICLE RENTAL
Reimbursement for vehicle rental shall be for actual and necessary costs of such rental and airplane usage
shall be allowed at the lowest fare available. Claims for reimbursements shall be allowed upon submittal of
the appropriate receipt. Refer to California Code of Regulations,Title 2,Sections 599.627 and 599.628.
Res. No. 2007-31
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on the 7th day of May, 2007 by the following
vote:
AYES: Bohr, Carchio, Cook, Coerper, Green, Hansen, Hardy
NOES: None
ABSENT: None
ABSTAIN: None
Cit lerk and ex-officio rk of the
City Council of the City of
Huntington Beach, California
ATTAC H M E N T #2
L1i(aan ttti{9ff 15 ACie
I � NotuYal-itsatment Systern-
,., ¢ fiom'�,GWC Phase f
ffAdditional Urban Runoff
From EGGWC '
0 Acre
' "� {Rehabillfatecl}
5 Acre
Natural Treatment System
Phase 2
Small NTS For
Sub Catchment Flow
' Lake Huntington +
1 " Phase 2
�. (Rehabilitated)
PHASE 2- EGGWC URBAN RUNOFF DIVERSION PROJECT
Legend
Vegetated Bioswole(Gravity)To Large NTS From Phase 1 Engineered Technology Far Enhonced Greandwoter Inliltra lion
Vegetated Bioswale(Gravity)io Small NTS From Sub-C.Ich enl M/atershed r�
NIS-Nalaral 1-1—nf Syaem(s) ','1 Lake Huntingfon(Rehabilitated)
i==7 Existing Boa Culvert Under Goldenwest Street u
N
Wig `y I:
S
This Figure Is Not To Scale 5
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Adopt Resolution Approving Grant Funding Agreement
and Appro iate Grant Matching Funds
COUNCIL MEETING DATE: May 7, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) tached El
Ntot Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff ( ) ( )
Deputy City Administrator (Initial) ( ) ( )
City Administrator Initial ) ( )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
Only)(Below Space For City Clerk's Use
RCA Author: Lucas:jg
s