HomeMy WebLinkAbout2020-03-24; City Council; ; Authorize agreements for the South Carlsbad Boulevard Climate Adaptation Project (Continued to a Date Uncertain)March 24, 2020
4. AUTHORIZE AGREEMENTS FOR THE SOUTH CARLSBAD BOULEVARD CLIMATE
ADAPTATION PROJECT -Adoption of a resolution authorizing execution of the
State Coastal Conservancy Grant Agreement and University of California
Research Agreement and acceptance of grant funds. (Staff contact: Mike Grim,
Public Works)
THIS ITEM WAS
CONTINUED TO
A DATE UNCERTAIN
CA Review Q}L_
CITY COUNCIL
Staff Report
Meeting Date:
To:
From:
Staff Contact:
Subject:
March 24, 2020
Mayor and City Council
Scott Chadwick, City Manager
Michael Grim, Senior Program Manager, Climate Action Plan
Administrator
mike.grim@carlsbadca.gov, 760-602-4623
Authorize agreements for the South Carlsbad Boulevard Climate
Adaptation Project
Recommended Action
Adopt a resolution authorizing execution of the State Coastal Conservancy Grant Agreement
and University of California Research Agreement and acceptance of grant funds
Executive Summary
On Dec. 19, 2019, the State Coastal Conservancy Board approved a $498,075 Climate Ready
Grant for the South Carlsbad Boulevard Climate Adaptation Project. The project involves
modeling of a detailed sea level rise impact analysis, development of potential adaptation
scenarios, facilitation of discussions with state agencies, design of a roadway realignment and
preparation of a report. The city is partnering with Scripps Institute of Oceanography's Center
for Climate Change Impacts and Adaptation and will hire a consultant to assist with the project.
The project will begin in summer 2020 and conclude in spring 2023.
Discussion
The city has been studying the realignment of the southern portion of Carlsbad Boulevard with
the intent of increasing public access and amenities along the southern coastline. The City of
Carlsbad Sea Level Rise Vulnerability Assessment dated December 2017 noted some sections of
the existing Carlsbad Boulevard may be subject to coastal erosion. In 2016, the city installed
revetment, a barricade of large rocks, at the Encinas Creek bridge to address erosion issues as
part of an emergency response that resulted from wave run-up, waves swashing up over
existing barricades and onto the road. Coastal erosion and wave run-up are expected to be
further exacerbated by future sea level rise.
The city partnered with the Center for Climate Change Impacts and Adaptation to apply for
Coastal Conservancy grant funds to help with the climate adaptation planning along the
southern portion of the Carlsbad coastline, including a study of coastal erosion from Terramar
to the Batiquitos Lagoon and realignment of Carlsbad Boulevard south of Palomar Airport Road.
The Coastal Conservancy is a non-regulatory state agency that supports projects to protect
coastal resources and increase opportunities for the public to enjoy the coast.
March 24, 2020 Item #4 Page 1 of 51
The proposed project would entail modeling of a detailed sea level rise impact analysis,
development of potential adaptation scenarios, facilitation of discussions with state agencies,
design of a roadway realignment (Carlsbad Boulevard south of Palomar Airport Road) and
preparation of a report. The report will be presented to the City Council upon completion and
would be used to start public engagement on the future of south Carlsbad Boulevard and its
surroundings.
The grant amount is $498,075, which includes funding to support work by the Center for
Climate Change Impacts and Adaptation and a project consultant. The project period will run
from summer 2020 to spring 2023 and involve city staff from the Environmental Management,
Transportation, Community Development and Parks & Recreation departments. The city will
invoice the State Coastal Conservancy for expenses and receive the grant funds as
reimbursement throughout the project period.
Fiscal Analysis
Implementation of the project and administration of the grant will require approximately 245
hours of staff time by personnel from the Environmental Management, Transportation,
Community Development and Parks & Recreation Departments. Staff time will be
accommodated in the fiscal years 2020-21, 2021-22 and 2022-23 operating budgets for these
departments.
Next Steps
Staff will return to the City Council with a professional services agreement for consulting
services for the project consultant in May 2020.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, executing these agreements and accepting
the grant funds does not constitute a "project" within the meaning of California Environmental
Quality Act in that it has no potential to cause either a direct or indirect physical change in the
environment, or a reasonable foreseeable indirect physical change in the environment and,
therefore, does not require environmental review.
Public Notification and Outreach
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to the scheduled meeting date.
Exhibit
1. City Council resolution Authorize agreements for the South Carlsbad Boulevard Climate
Adaptation Project
March 24, 2020 Item #4 Page 2 of 51
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING EXECUTION OF THE STATE COASTAL
CONSERVANCY GRANT AGREEMENT AND UNIVERSITY OF CALIFORNIA
RESEARCH AGREEMENT AND ACCEPTANCE OF GRANT FUNDS.
EXHI BIT 1
WHEREAS, the City of Carlsbad Sea Level Rise Vulnerability Assessment dated December 2017
noted some sections of Carlsbad Boulevard may be subject to future coastal erosion; and
WHEREAS, in 2016, wave run-up caused the closure of a southbound lane of Carlsbad Boulevard
at Encinas Creek, which resulted in installation of a revetment to address erosion issues; and
WHEREAS, coastal erosion and wave run-up are expected to be further exacerbated by future
sea level rise; and
WHEREAS, the city applied for, and received, a grant from the State Coastal Conservancy in the
amount of $498,075 to study coastal erosion from Terramar to Batiquitos Lagoon and the realignment
of Carlsbad Boulevard south of Palomar Airport Road .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the City Council authorizes and directs the city manager, or designee, to sign the
State Coastal Conservancy Grant Agreement, attached hereto as Attachment A, and the
University of California Research Agreement, attached hereto as Attachment B.
3. That the City Council accepts the award of grant funds under the State Coastal
Conservancy Grant Agreement .in the amount of $498,075.
March 24, 2020 Item #4 Page 3 of 51
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the_ day of ___ ~ 2020, by the following vote, to wit:
AYES:
NAYS:
ABSENT:
MATT HALL, Mayor
BARBARA ENGLESON, City Clerk
{SEAL)
March 24, 2020 Item #4 Page 4 of 51
STATE OF CALIFORNIA
STANDARD AGREEMENT
Std.2 (Gran!-Rev 01/18)
ATTACHMENT A
AGREEMENT NUMBER
19-093
11\M.NO.
TI\XPAYERSFEDERALEMPLOYER
IDENTIFICATION NO.
95-6004793
THIS AGREEMENT, made and entered into this ___ day of ______ , --'2=-0=2=-0=-----
in the State of California, by and between State of California, through its duly elected or appointed, qualified and acting
AGENCY TITLE OF OFFIC:FR I\CTING FOR STATE
Executive Officer
GRANTEE'S NAME
. City of Carlsbad
State Coastal Conservancy , hereafter called the Conservancy, and
, hereafter called the Grantee.
The Grantee, for and in consideration of the covenants, conditions, agreements, and stipulations of the Conservancy hereinafter expressed, does hereby agree
as follows:
SCOPE OF AGREEMENT
Pursuant to Chapters 3 and 9 of Division 21 of the California Public Resources Code, the State Coastal Conservancy
("the Conservancy") hereby grants to the City of Carlsbad ("the grantee") a sum not to exceed $498,075 (four
hundred ninety-eight thousand seventy-five dollars), subject to this agreement. The grantee shall use these funds to
prepare a managed retreat and restoration plan ("the plan" or "the project") for the South Cm·lsbad Boulevard area of
the City of Carlsbad, as shown on Exhibit 1, which is incorporated by reference and attached.
(Continued on thef<>llowing pages)
The provisions on the following pages constitute a part of this agreement.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written.
STATE OF CALIFORNIA GRANTEE
AGENCY GRA~TEE_ (/father lh_an an individual, •!•le v;hether a corporation, parlnersNp, etc.)
State Coastal Conservancy City of Carlsbad
BY (Authorized Signature) BY (Authorized Signature)
JFS JFS
PRINTED NAME AND TITLE OF PERSON SIGNING PRINTED NAME AND TITLE OF PERSON SIGNING
Samuel Schuchat, Executive Officer Scott Chadwick, City Manager
ADDRESS & PHONE NUMBER ADDRESS & PHONE NUMBER
1515 Clay Street, 10th Floor 1635 Faraday Avenue
Oakland, CA 94612 Carlsbad, CA 92008
Phone: (510) 286-1015 Phone: (760) 602-4623
AMOUNT ENCUMBERED BY THIS PROGRAM/CATEGORY (CODE AND TITLE) I FUND TITLE/PROP NO. DOCUMENT Local Assistance Green House Reduction Fund I certify that this
$498,075.00 agreement is exempt
PRIOR AMOUNT ENCUMBERED FUND ITEM CHAPTER STATUTE FISCAL YEAR from Department of
FOR THIS AGREEMENT General Services'
$-0-3760-101-3228 29/30 2018 18/19 approval.
TOTAL AMOUNT ENCUMBERED PROJECT NAME
TO DATE
$498,075.00 South Carlsbad Boulevard Climate Adaptation Project
I hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure slated above. Erlinda Corpuz
Procurement and
SIGNATURE OF ACCOUNTING OFFICER I DATE Contracts Manager
~
0 GRANTEE · 0 ACCOUNTING 0 PROJECT MANAGER 0 CONTROLLER O STATE AGENCY
March 24, 2020 Item #4 Page 5 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 2
The project consists of a planning project to incorporate managed retreat and long-te1111 sea level
rise adaptation of public infrastructure and coastal resources. The project will plan for climate
adaptation for a vulnerable stretch of highway in the City of Carlsbad by developing project
alternatives and a 30% design for the new roadway which will incorporate non-motorized
transportation lanes. The grantee will also facilitate a stakeholder process to identify
opportunities for use at the site of the road retreat, which is expected to include public access and
recreation as well as ecosystem enhancements.
The grantee shall carry out the project in accordance with this agreement and a work program as
provided in the "WORK PROGRAM" section, below. The grantee shall provide any funds
beyond those granted under this agreement which are needed to complete the project.
CONDITIONS J>JIBCEDENT TO COMMENCEMENT OF PROJECT AND
DISBURSEMENT
The grantee shall not commence the project and the Conservancy shall not be obligated to
disburse any :funds under this agreement until the following conditions precedent have been met:
1. The City Council of the grantee has adopted a resolution designating positions whose
incumbents are authorized to negotiate and execute this agreement and amendments to it on
behalf of the gra11tee,
2. The Executive Officer of the Conservancy ("Executive Officer;') has approved in writing:
a. The work program for the project as provided in the "WORK PROGRAM" section,
below.
b. All contractors that the grantee intends to retain in connection with the project.
c. A plan for acknowledgment of Conservancy funding, and the Greenhouse Gas Reduction
Fund as the source of that funding.
3. The grantee has provided written evidence to the Conservancy that:
a. The grantee has provided for required insurance coverage, including additional insured
endorsement, as described in the "INSURANCE" section, below.
ADDITIONAL GRANT CONDITION
GGRF Funding Requirements
March 24, 2020 Item #4 Page 6 of 51
Cily of Carlsbad
Granl Agreement No. 19-093
Page 3
Grantee acknowledges that the project is funded by the Greenhouse Gas Reduction Fund
(GGRF), which is administered by the California Air Resources Board (CARB) as the California
Climate Investments (CCI) program. Grantee also acknowledges that the Conservancy must
comply with all requirements in CARB's "Funding Guidelines for Agencies Administering
California Climate Investments," as revised :from time to time ("GGRF Guidelines"), and any
other requirements provided by CARB.
Grantee shall cooperate fully with Conservancy staff to meet these requirements and shall
provide, in a timely manner, all infonnation or documentation as requested by the. Conservancy
to comply with such requirements.
These requirements may include the following:
(a) Applying the Quantification Methodology and Calculator Tool and other tools, templates,
methodologies and frameworks approved and provided by CARB and the Conservancy, to
evaluate the facilitation of the reduction of greenhouse gas emissions, benefits to priority
populations, and co-benefits;
(b) Project tracking, monitoring and reporting requirements, including periodic reporting of
project status; and
(c) Recordl<.eeping requirements, as described in the "AUDITS/ACCOUNTING/RECORDS"
section of this agreement.
All reporting templates and forms provided by the Conservancy to grantee to meet these
repmiing requirements shall be incorporated into this agreement by reference.
TERM OF AGREEMENT
This agreement shall take effect when signed by both parties and received in the office of the
Conservancy together with the resolution described in the "CONDITIONS PRECEDENT TO
COMMENCEMENT OF PROJECT AND DISBURSEMENT" section of this agreement. An
authorized representative of the grantee shall sign the first page of the originals of this agreement
in ink.
This agreement shall run from its effective date through May 28, 2023 ("the tennination date")
unless otherwise terminated or amended as provided in this agreement. However, all work shall
be completed by February 28, 2023 ("the completion date").
The grantee shall deliver a final Request for Disbursement to the Conservancy no later than
March 31, 2023.
March 24, 2020 Item #4 Page 7 of 51
City of Carlsbad
Grn nt J\.gret:ment No. I 9-093
Page 4
AUTHOJUZATJON
The signature of the Executive Officer of the Conservancy on this agreement.certifies that at its
December 19, 2019 meeting, the Conservancy adopted the resolution included in the staff
recommendation attached as Exhibit 2. This agreement is executed under that authorization.
March 24, 2020 Item #4 Page 8 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 5
WORK PROGRAM
Standard Provisions
Betore beginning the project, the grantee shall submit a detailed work program to the Executive
Officer for review and written approval of its consistency with this grant agreement. The work
program shall include:
l . The specific tasks to be performed.
2. A schedule of completion for the project, specificaliy listing the completion date for each
project component and a final project completion date.
3. A detailed project budget. The project budget shall describe all labor and materials costs of
completing each component of the project. For each project component, the project budget
shall list all intended funding sources including the Conservancy's grant and all other sources
of monies, materials, or labor.
If all or any part of the project to be funded under this agreement will be performed by third
paiiies ("contractors") under contract with the grantee, then the grantee shall, prior to initiating
any cont-n1ctor .selection process, submit the selection package to the Executive Officer for
review and written approval as to consistency with the purposes of this grant agreement. Upon
approval by the Executive Officer, the grantee shall proceed with the contractor selection
process. Prior to final selection of a contractor, the grantee shall submit to the Executive Officer
for written approval the names of all contractors that the grantee intends to hire. The grantee
shall then comply with the above paragraph regarding submission and approval of a work
program prior to project commencement.
The work program shall have the same effect as if included in the text of this agreement.
However, the work program may be modified without amendment of this agreement upon the
grantee's submission of a modified work program and the Executive Officer's written approval
of it. If this agreement and the work program are inconsistent, the agreement shall control.
The grantee shall carry out the project in accordance with the approved work program.
COORDINATION AND MEETINGS
The grantee shall coordinate closely with Conservancy staff and other involved entities,
including local, state and federal agencies, and shall participate in meetings and other
communications as necessary to ensure coordination.
March 24, 2020 Item #4 Page 9 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 6
WORK PRODUCTS AND ACKNOWLEDGMENT OF CONSERVANCY SUPPORT
All material, data, information, and wriHen, graphic or other work produced, developed or
acquired under this agreement is subject to the unqualified and unconditional right of the
Conservancy to use, reproduce, publish, display, and make derivative use of all such work, or
any part of it, free of charge and in any manner and for any purpose; and to authorize others to
do so. If any of the work is subject to copyright, trademark, service mark, or patent, the
Conservancy is granted and shall have a perpetual, royalty-free, nonexclusive and irrevocable
license to use, reproduce, publish, use in the creation of derivative works, and display and
perform the work, or any part of it, and to grant to any third pmiy a comparable and coextensive
sub license.
The grantee shall include in any contract with a third party for work under tl1is agreement tenns
that preserve the rights, interests, and obligations created by this section, and that identify the
Conservancy as a third-patiy beneficiary of those provisioi1s.
The grantee shall not utilize the work produced under this agreement for any profit-making
venture, or sell or grant rights to a third party for that purpose.
In order to acknowledge the Conservancy's support of the project, the Conservapcy's name and
logo shall be included in the final report in a prominent location. The grantee shall mention the
Conservancy's suppoli in its project~related press releases, contacts with the media, and social
media postings, and on its website. The grantee shall acknowledge funding from GGRF by
using the official CCI logo in compliance with the GGRF Guidelines. The CCI logo shall be
displayed, to the extent possible, at the project site or on other appropriate locations or materials.
In addition to signage, grantee shall acknowledge GGRF funding on announcements, press
releases and publications, as provided in the GGRF Guidelines.
COSTS AND DISBURSEMENTS
When the Conservancy detennines that all "CONDITIONS PRECEDENT TO
COMMENCEMENT OF PROJECT AND DISBURSEMENT" have been fully met, the
Conservancy shall disburse to the grcJ,ntee, in accordance with the approved project budget, a
total amount not to exceed the amount of this grant, as follows:
The withholding for this agreement is five percent. The Conservancy shall disburse funds for
costs incurred to date, less five percent, upon the grantee's satisfactory progress under the
approved work program and upon submission of a "Request for Disbursement'' form, which shall
be submitted no more frequently than monthly but no less frequently than quarterly. The
Conservancy shall disburse the five percent withheld upon the grantee's satisfactory completion
of the project and compliance with the "PROJECT COMPLETION" section, below, and upon
the Conservancy's acceptance of the project.
March 24, 2020 Item #4 Page 10 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 7
The Conservancy will reimburse the grantee for expenses necessary to the project when
documented by appropriate receipts. The Conservancy 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 Conservancy will
reimburse the grantee for other necessmy expenses if those expenses are reasonable in nature and
amount taking into account the nature of the project, its location, and other relevant factors.
The grantee shall request disbursements by filing with the Conservancy a fully executed
"Request for Disbursement" form (available from the Conservancy). The grantee shall include
in the form its name and address, the number of this agreement, the date of the submission, the
amount o:fthe 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. Hourly rates billed to the Conservancy and specified in the approved
work program budget shall be equal to the actual compensation paid by grantee to employees,
which may include employee benefits. The form shall also indicate 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. Each form shall be accompanied
by:
1. All receipts and any other source documents for direct expenditures and costs that the grantee
has incurred.
2. Invoices from contractors that the grantee engaged to complete any portion of the work
funded under this agreement and any receipts and any other source documents for costs
incurred and expenditures by any such contractor, unless the Executive Officer makes a
specific exemption in writing.
3. A supp01ting progress report summarizing the current status of the work and comparing it to
the status required by the work program (budget, timeline, tasks, etc.), including written
substantiation of completion of the portion of the project for which the grantee is requesting
disbursement.
The grantee's failure to fully execute and submit a Request for Disbmsement fonn, including
attachment of supporting documents, will relieve the Conservancy of its obligation to disburse .
funds to the grantee unless and until the grantee corrects all deficiencies.
March 24, 2020 Item #4 Page 11 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 8
EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG BUDGET
JTEMS
The total amount of this grant may not be increased except by written amendment to this
agreement. The grantee shall expend Jimds consistent with the approved project budget.
Expenditure on items contained fo the approved project budget, other than overheard and indirect
costs, may vary by as much as ten percent without prior approval by the Executive Ofiicer,
provided that the grantee first submits a revised budget to the Conservancy and requests
disbursement based on the revised budget. Any deviation gi-eater than ten percent, and any
deviation that shifts funds from approved budget items into an overhead or indirect costs
category, must be identified in a revised budget approved in advance and in writing by the
Executive Officer. The Conservancy may withhold payment for items which exceed the amount
allocated in the project budget by more than ten percent and which have not received the
approval required above. Any increase in the ftmding for any particular budget item shall mean
a decrease in the funding for one or more other budget items unless there is a written amendment
to this agreement.
PROJECT COMPLETION
The grantee shall complete the project by the completion date provided in the "TERM OF
AGREEMENT" section, above. Upon completion of the project, the grantee shall supply the
Conservancy with evidence of completion by submitting the following by the final Request for
Disbursement date set forth in the "TERM OF AGREEMENT" section:
1. The plan and any other work products specified in the work program for the project, each in a
format or formats (for example, paper, digital, photographic) approved by the Executive
Officer.
2. A fully executed final "Request for Disbursement." J\ "final Request for Disbursement"
means a Request for Disbursement that includes the withheld amounts and all remaining
amounts for which grantee is entitled to seek payment, if any, pursuant to this agreement.
The Conservancy shall dete1mine whether the grantee has satisfactorily completed the project. If
so, the Conservancy shall issue to the grantee a letter of acceptance of the project. The project
shall be deemed complete as of the date of the letter.
EARLY TERMINATION, SUSPENSION AND FAilLURE TO PERFORM
Before the project has commenced, either party may terminate this agreement for any reason by
providing the other party with seven days notice in writing.
March 24, 2020 Item #4 Page 12 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 9
Before the project is complete, the Conservancy may terminate or suspend this agreement for
any reason by providing the grantee with seven days 11otice in writing. In either case, the grantee
shall immediately stop work under the agreement and take all reasonable measures to prevent
further costs to the Conservancy. The Conservancy shall be responsible for any reasonable and
non-cancelablc obligations incurred by the grantee in the performance of this agreement prior to
the date of the notice to terminate or suspend, but only up to the undisbursed balance of funding
authorized in this agreement. Any notice suspending work under this agreement shall remain in
effect until further written notice :from the Conservancy authorizes work to resume.
If the grantee fails to complete the project as required, or fails to fulfill any other obligations of
this agreement prior to the termination date, the grantee shall be liable for immediate repayment
to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The
Conservancy may, at its sole discretion, consider extenuating circumstances and not require
repayment for work partially completed. This paragraph shall not be deemed to limit any other
remedies the Conservancy may have for breach of this agreement.
Before the project is complete, the grantee may terminate this agreement for any reason by
providing the Conservancy with seven days notice in writing and repaying to the Conservancy all
amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole ·
discretion, consider extenuating circmnstances .and allow early termination without repayment
for work partially completed.
On or before the date of termination of the agreement 1.mder this section, whether terminated by
the grantee or the Conservancy, the grantee shall provide the Conservancy 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 parties expressly agree to waive, release and relinquish the recove1y of any consequential
damages that may arise out of the tenninatio11 or suspension of this agreement under this section.
The grantee shall include in any agreement with any contractor retained foi-work under this
agreement a provision that entitles the grantee to suspend or te1minate the agreement with the
contractor for any reason on written notice and on the same terms and conditions specified in this
section.
INDEMNIFlJ:CATION AND lHfOLD HARMLESS
The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers,
agents and employees from any and all liabilities, claims, demands, damages, or costs, including
without limitation litigation costs and attorneys fees, resulting from or arising out of the willful
or negligent acts or omissions of the grantee, its officers, agents, contractors, subcontractors and
employees, or in any way connected with or incident to this agreement, except for the active
March 24, 2020 Item #4 Page 13 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 10
negligence of the Conservancy, its officers, agents or employees. The duty of the grantee to
indemnify and hold harmless includes the duty to defend as provided in Civil Code Section
2778. This agreement supersedes any right the grantee may have as a public entity to indemnity
and contribution as provided in Gov. Code Sections 895 et seq.
111e grantee waives any and all rights to any type of express or implied indemnity or right of
contribution from the State, its officers, agents or employees, for any liability resulting from,
growing out of: or in any way com1ected with or incident to this agreement.
Nothing in this agreement is intended to create in the public or in any member of it rights as a
third-party beneficiary undei· this agreement.
INSURANCE
Throughout the term ofthis agreement, the grantee shall procure and maintain insurance, as
specified in this section, against claims for injuries to persons or damage to property that may
arise from or in connection with any activities by the grantee or its agents, representatives,
employees, or contractors associated with the project undertaken pursuant to this agreement.
As an alternative, with the written approval of the Executive Officer, the gi·antee may satisfy the
cover~ge required by this. section in whole or in pmt through: ( a) its contractors' procurement
and maintenance of insurance for work under this agreement, if the coverage otherwise fully
satisfies the requirements of this section; or (b) the grantee's paiticipation 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.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office ("ISO") Commercial General Liability coverage, occurrence
basis (Form CG 00 01) or comparable.
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, and Employer's Liability insurance.
2. Minimum Limits of Insurance. Grantee shall maintain coverage limits no less than:
March 24, 2020 Item #4 Page 14 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 11
a. General Liability:
(lnclud;ng operatfons, prodm:ls und
completed operations, as applicable)
b. Automobile Liability:
c. Worker's Compensation and
Employment Liability:
d. Watercraft Liability (for private
vessel) coverage, if required under
1.d., above:
$2,000,000 per occurrence for bodily i1~jury,
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.
$1,000,000 per accident for bodily injury and
property damage.
Worker's compensation as required by law, and
Employer's Liability of no less than $1 ,000,000
per accident for bodily injury or disease.
In the following amo1,1nts:
· a. Vessels under 30 ft.: $1,000,000 combined
single limit.
b. Vessels over 30 ft. or vessel involved in
research: $2,000,000 combined single limit.
3. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the Executive Officer.
4. Required Provisions Concerning the Conservancy and the State of California.
a. Each insurance policy required by this section shall be endorsed to state that coverage
shall not be canceled by either pa11y, except after thiliy days' prior written notice by first
class mail has been given to the Conservancy; or in the event of cancellation of coverage
due to nonpayment, after ten days prior written notice to the Conservancy. The grantee
shall notify the Conservancy within two days of receipt of notice that any requil-ed
insurance policy will lapse or be cancelled. At least ten days before an insurance policy
held by the grantee lapses or is cancelled, the grantee shall provide the Conservancy with
evidence of renewal or replacement of the policy.
b. The grantee hereby grants to the State of California, its officers, agents, employees, and
volunteers, a waiver of any right to subrogation which any insurer of the grantee may
acquire against the State of California, its officers, agents, employees, and volunteers, by
vil-tue of the payment of any loss under such insurance. Grantee agrees to obtain any
endorsement that may be necessary to effect this waiver of subrogation, but this provision
March 24, 2020 Item #4 Page 15 of 51
City of Carlsbad
Granl Agreement No. 19-093
Page 12
applies regardless of whether or not the grantee has received a waiver of subrogation
endorsement from the insurer.
c. The general liability and automobile liability policies are to contain, or to be endorsed to
contain, the fr)llowing provisions:
(i) The State of California, its officers, agents and employees are to be covered as
additional insureds with respect to liability arising out of automobiles owned, leased,
hired or borrowed by or on behalf of the grantee; and with respect to liabiJity arising
out of work or operations, including completed operations, performed by or on-behalf
of the grantee including rnaterials, pm1s or equipment furnished in com1ection with
such work or operati_ons.
(ii) 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, and not excess to any insurance or self-insurance of the State of
California.
(iii)The limits of the additional insured coverage shall equal the limits of the named
insured coverage regardless of whether the limits of the named insurance coverage
exceed those limits required by this agreement.
d. 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 Conservancy and approved in writing by the Executive
Officer ..
6. Verification of Coverage. The grantee shall furnish the Conservancy with original
certificates and amendatory endorsements, or copies of the applicable policy language,
effecting coverage required by this clause. All certificates and endorsements are to be
received and approved by the Executive Officer before work commences. The Conservancy
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements affecting the coverage, at any time.
7. Contractors. The grantee shall include all contractors as insureds under its policies or shall
require each contractor to provide and maintain coverage consistent with the requirements of
this se~tion. To the extent generally available, grantee shall also require each professional
contractor to provide and maintain errors and omissions liability insurance appropriate to the
March 24, 2020 Item #4 Page 16 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 13
contractor's profession and in a reasonable amount in light of the nature of the project with a
minimum limit of liability of$1,000,000.
8. Premiums and Assessments. The Conservancy is not responsible for premiums and
assessments on any insurance policy.
AUDITS/ ACCOUNTING/RECORDS
The grantee shall maintain financial accounts and records relating to this agreement in
accordance with the guidelines of "Generally Accepted Accounting Principles" ("GAAP")
published by the American Institute of Certified Public Accountants, and maintain any
documents or data collected or reports produced in the course of performing this agreement
(collectively, "records"). The records shall include, without limitation, data or documents
generated in compliance with reporting requirements referenced in the "ADDITIONAL
GRANT CONDITIONS -GGRF FUNDING REQUIREMENTS" section of this agreement, and
shall also include the amount, receipt, deposit, and disbursement of all funds related to the
implementation of the project, and the use, management, operation and maintenance of the real
prope1iy. Time and effort reports are also required. The grantee shall maintain adequate
supporting records in a manner that permits tracing from the request for disbursement forms to
the accounting records and to the suppmiing documentation.
Additionally, the Conservancy or its agents may review, obtain, and copy all records relating to
performance of the agreement. The grantee shall provide the Conservancy or its agents with any
relevant information requested and shall permit the Conservancy or its agents access to the
grantee's premises upon reasonable notice, dming normal business hours, to interview
employees and inspect and copy books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with this
agreement and any applicable laws and regulations.
The grantee shall retain the required records for a minimum of three years following the later of
(1) final disbursement by the Conservancy, (2) the final year to which the particular records
pe1iain, or (3) the project completion date provided in this agreement. The records shall be
subject to examination and audit by the Conservancy, the Bureau of State Audits, CARB, the
Department of Finance, the Joint Legislative Committee, and other state oversight agencies
during the retention periods.
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to meet
the terms of this section and to make the terms applicable to all subcontractors.
The Conservancy may disallow all or part of the cost of any activity or action that it determines
to be not in compliance with the requirements of this agreement.
March 24, 2020 Item #4 Page 17 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 14
COMPUTER SOFTWARE
The grantee certifies that it has instituted and will employ systems and controls appropriate to
ensure that, in the performance ofthis contract, state funds will not be used for the acquisition,
operation or maintenance of computer software in violation of copyright laws.
NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not deny the
agreement's benefits to any person on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual mientation, or military and
veteran status, nor shall they discriminate unlawfully against any employee or applicant for
employment because ofrace, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status. The grantee
shall insure that the evaluation and treatment of employees and applicants for employment are
free of such discrimination. The grantee and contractors shall comply with the provisions of the
Fair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated
thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part
1, Division 3, Title 2 of the Govermnent Code (Gov. Code §§11135-11139.5), and the
regulations or standards adopted by the Conservancy to implement such aiticle. The grantee
shall pennit access by representatives of the Department of Fair Employment and Housing and
the Conse1vancy upon reasonable notice at any time during the normal business hours, but in no
case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of
information and its facilities as said Department or the Conservancy shall require to asce1iain
compliance with this clause. The grantee and its contractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining
or other agreement. (See Cal. Code Regs., tit. 2, §11105.)
The grantee shall include the nondiscrimination and compliance provisions of this clause in all
contracts to perform work under this agreement.
AMERICANS WITH IDISAllULlI'fIJES ACT
By signing this agreement, grantee certifies that it is in compliance with the Americans with
Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the
ADA.
March 24, 2020 Item #4 Page 18 of 51
City of Carlsbad
Granl Agreemenl No. 19-093
Page 15
PREY AILING WAGE
Work done under this grant agreement may be subject to the prevailing wage and other related
requirements of the California Labor Code, Division 2, Part 7, Chapter I, sections I 720-1861. If
required by law to do so., the grantee shall pay prevailing wage to all persons employed in the
performance of any part of the project and otherwise comply with all associated requirements
and obligations.
The grantee is responsible for determining whether the project is subject to prevailing wage laws,
and for complying with all labor laws applicable to the project. The grantee may also review the
Conservancy publication, I,?f'ormation on Current Status of Prevailing Wage Laws for State
Coastal Conservancy Grantees (May 2018), available from the Conservancy onrequest;
provided, that this publication is for grantee's informational purposes only, and shall not be
construed as legal advice to the grantee on whether the grantee's project is subject to prevailing
wage laws.
UNION ORGANIZING
By signing this agreement, grantee hereby acknowledges the applicability of Govermnent Code
Sections 16645 through 16649 to this agreement, and certifies that no state funds disbursed by
this agreement will be used to assist, promote or deter union organizing. If grantee makes
expenditures to assist, promote or deter union organizing, grantee agrees to maintain records
sufficient to show that no state funds, including the funds provided under this agreement, have
been used fot these purposes, and shall provide these records to the Attorney General upon
request.
DRUG-FREE WORKPLACE
The grantee's signature on this agreement constitutes the certification required by Government
Code Section 8355 (Drug-Free Workplace Act of 1990), which requires that all state grantees
provide a drug-free workplace by doing all of the following:
(1) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited in the person's or
organization's workplace and specifying actions that will be taken against employees for
violations of the prohibition.
(2) Establishing a drug-free awareness program to inform employees about all of the following:
March 24, 2020 Item #4 Page 19 of 51
City of Carlsbad
Granl Agreement No. 19-093
Page 16
a. The dangers of drug abuse in the workplace.
b. The person 's or organization's policy of maintaining a drug-free workplace.
c. Any available drug counseling, rehabilitation, and employee assistance programs.
d. The penalties that may be imposed upon employees for drug abuse violations.
(3) Requiring that each employee engaged in the performance of the grant be given a copy of the
drug-free workplace statement and that, as a condition of employment on the grant, the
employee agrees to abide by the terms of the statement.
INDEPENDENT CAPACITY
The 1:,rrantee, and the agents and employees of the grantee, in the perfonnance of this agreement,
shall act in an independent capacity and not as officers or employees or agents of the State of
California.
ASSIGNMENT
Without the written consent of the Executive Officer, this agreement is not assignable by the
grantee in whole or in part.
TIMELINESS
Time is of the essence in this agreement.
EXECUTIVE OFFICER'S DESIGNEE
The Executive Officer shall designate a Conservancy project manager who shall have·authority
to act on behalf of the Executive Officer with respect to this agreement. The Executive Officer
shall notify the grantee of the designation in writing.
AMENDMENT
Except as expressly provided in this agreement, no change in this agreement shall be valid unless
made in writing and signed by the parties to the agreement. No oral understanding or agreement
not incorporated in this agreement shall be binding on any of the parties.
March 24, 2020 Item #4 Page 20 of 51
City of Carlsbad
Grant Agreement No. 19-093
Page 17
LOCUS
This agreement is deemed to be entered into in the County of Alameda.
SURVIVAL
The obligations in the "WORK PRODUCTS AND ACKNOWLEDGMENT OF
CONSERVANCY SUPPORT" and "INDEMNIFICATION AND HOLD HARMLESS"
sections, above, shall survive the termination of this agreement.
March 24, 2020 Item #4 Page 21 of 51
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.c X UJ March 24, 2020Item #4 Page 22 of 51
Exhibit 2: December 19, 2019 Staff Recommendation
COASTAL CONSERVANCY
Staff Recommendation
December 19, 2019
CLIMATE READY GRANTS
Project Nos. 19-040-01, 19-041-01, 19-042-01, 19-043-01
Project Manager: Dan Hossfeld and Mary Small
RECOMMENDED ACTION: Authorization to disburse up to $1,595,470 to two nonprofit
organizations and two public agencies for Climate Ready projects that address the effects of
climate change on coastal resources and communities and facilitate reduction of greenhouse
gas emissions.
LOCATION: Various locations in coastal watersheds of California and in the counties of the San
Francisco Bay Area (Exhibit l} .
. PROGRAM CATEGORY: Climate Change
EXHIBITS
Exhibit 1: Project Maps
Exhibit 2: Letters of Support
RESOLUTION AND FINDINGS:
Staff recommends that the State Coastal Conservancy adopt the following resolution pursuant
to Sections 31100 et seq. of the Public Resources Code:
"The State Coastal Conservancy hereby authorizes the disbursement of an amount not to
exceed one million five hundred and ninety-five thousand four hundred and seventy dollars
($1,595,470} to two nonprofit organizations and two public agencies for four projects that
address climate change impacts and facilitate the reduction of greenhouse gas (GHG) emissions
as follows:
e County of Marin: Five hundred thousand dollars ($500,000) to acquire private land at
Bucks Landing in Marin County (Marin County's Assessor's Parcel Nos. 186-010-20 and
180-171-11) to create a public shoreline park .
., The Bay Foundation: Two hundred ninety-eight thousand, one hundred and twelve
dollars ($298,112) to restore coastal dune habitat at Manhattan Beach to enhance
habitat and increase sea level rise resiliency in Los Angeles County.
Page 1 of 20
' :;•.a
March 24, 2020 Item #4 Page 23 of 51
Exhibit 2: December 19, 2019 Staff Recommendation
CLIMATE READY GRANTS
• The City of Carlsbad: Four hundred ninety-eight thousand and seventy-five dollars
($498,075) to plan a managed retreat project for South ca·rlsbad Boulevard in San Diego
County.
• Los Pefiasquitos Lagoon Foundation: Two hundred ninety-nine thousand two hundred
and eighty-three dollars ($299,283) to plan relocation of parking and public access
facilities at Torrey Pines State Natural Reserve in San Diego County.
Prior to commencement of a non-acquisition project, the grantee shall submit for the review
and written approval of the E>cecutive Officer of the Conservancy (Executive Officer) the
following:
1. A detailed work program, schedule, and budget.
2. Names and qualifications of any contractors to be retained in carrying out the project.
3. A plan for acknowledgement of Conservancy funding.
The Bay Foundation shall also submit the following for the review and written approval of the
Executive Officer prior to commencement of its project:
4. Evidence that all permits and approvals required to implement the project have been
obtained.
5. Evidence that the grantee has entered into agreements sufficient to enable the grantee
to implement, operate, and maintain the project.
Authorization of funding to Marin County for the Bucks Landing acquisition is subject to the
following conditions:
1. Prior to the disbursement of funds for the Bucks Landing acquisition, the grantee shall
submit for the review and approval of the Executive Officer:
• All relevant acquisition documents for the acquisition including, without limitation, the
appraisal, purchase and sale agreement, deed, escrow instructions, environmental or
hazardous materials assessment, and title report; and
• A baseline conditions report
2. The grantee shall pay no more than fair market value for the property, as established in an
appraisal approved by the Executive Officer.
3. The property acquired under this authorization shall be managed and operated for habitat
and park purposes. The property shall be permanently dedicated to those purposes by an
appropriate instrument approved by the Executive Officer.
4. Conservancy funding shall be acknowledged by erecting and maintaining a sign on the
property or in a nearby publicly-viewable area, the design and location of which are to be
approved by the Executive Officer.
Page 2 of 20
March 24, 2020 Item #4 Page 24 of 51
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
In carrying out each project, each grantee shall comply with all applicable requirements
associated with disbursements from the Greenhouse Gas Reduction Fund (GGRF), including all
requirements set forth in the Air Resources Board's GGRF Funding Guidelines."
Staff further recommends that the Conservancy adopt the following findings:
"Based on the accompanying staff report and attached exhibits, the State Coastal Conservancy
hereby finds that:
1. The proposed authorization is consistent with Section 31113 .of Division 21 of the Public
Resources Code, regarding addressing climate change and potential climate change impacts.
The authorization is further consistent with Chapter 4.5 which authorizes the Conservancy
to award grants to projects located in the nine-county San Francisco Bay Area that address
the resource and recreational goals of the San Francisco Bay area, Chapter 5.5 which
authorizes the Conservancy to award grants to improve coastal and marine habitats, and
Chapter 9 which authorizes the Conservancy to award grants to develop, operate, and
manage lands for public access purposes.
2. The proposed projects are consistent with the current Conservancy Project Selection
Criteria and Guidelines.
3. The South Carlsbad Boulevard Climate Adaptation Project funds an accessway that will
serve more than local needs.
4. Each nonprofit organization grantee proposed under this authorization is organized under
section 501(c)(3) of the U.S. Internal Revenue Code, and each of their purposes are
consistent with Division 21 of the Public Resources Code."
PROJECT SUMMARY:
Staff recommends that the Conservancy authorize disbursement of up to $1,595,470 to two
nonprofits and two public agencies for four projects that increase resilience of coastal
resources and communities to the impacts of sea level rise. These projects are located along the
coast, in coastal watersheds and within the San Francisco Bay Area . The projects were the
highest-ranking projects in the Conservancy's sixth Climate Ready grant round. One additional
project, the Point Pinos Trail Project, is recommended for funding up to $1 million from this
Climate Ready Grant Round, and will be presented in a separate staff recommendation.
This grant round prioritizes projects that include managed retreat, natural shoreline
infrastructure, living shorelines and/or habitat enhancement to increase shoreline resilience to
sea level rise. The Conservancy solicited projects in spring of 2019 and received 11 applications
requesting more than $6.1 million in funding. This sixth round of Climate Ready grants will be
funded by state cap-and-trade proceeds, which are deposited in the Greenhouse Gas Reduction
Fund (GGRF) and administered by the California Air Resources Board (CARB). These GGRF funds
were appropriated to the Conservancy in 2018 for its Climate Ready Program.
Page 3 of 20
. )
March 24, 2020 Item #4 Page 25 of 51
Exhibit 2: December 19, 201 9 Staff Recommendation
CL/MA TE READY GRANTS
Th e Conservancy's Climate Ready Program encourages local governments and non-
governmental organi~ations to prepare for a changing climate by advancing planning and
implementation of on-the-ground actions that reduce GHG emissions, sequester carbon, or
lessen the future impacts of climate change on California's coastal communities, infrastructure
and natural resources.
In order to meet GGRF's legislative purposes, projects must (1) facilitate the achievement of
reductions of GHG emissions and further the purposes of the Global Warming Solutions Act of
2006 and related statutes, and (2) where feasible, include additional co-benefits, such as
investment in disadvantaged communities and economic, environmental and public health
benefits to the state. In the expenditure plan for these Climate Ready funds, these projects
were determined to facilitate GHG reductions by planning for relocation of development
(managed retreat) and by restoring wetlands and coastal habitats and protecting coastal
development. Projects that increase resilience to rising sea level will reduce future flooding and
associated cleanup and rebuilding, thus facilitating GHG emission reductions.
Two of the recommended projects (Bucks Landing Acquisition_, Torrey Pines State Beach Sea-
Level-Rise Adaptation Plan) benefit disadvantaged communities,1 and include environmental
and public health co-benefits. Conservancy staffs goal in selecting projects to recommend for
funding was that at least 35% of total available GGRF funding be used for projects located in or.
benefitting disadvantaged communities. Round 6 has fallen short of this goal as projects that
are located in and benefit disadvantaged communities account for 30% of the total funding
recommended for this round.
Staff recommends funding the following four projects for the sixth round of the Climate Ready
Program. One project is an acquisition of private land with potential for wetland restoration
and managed retreat, one project will implement natural strategies to improve resiliency to sea
level rise, and the remaining two projects will plan for managed retreat at vulnerable coastal
sites. These projects are arranged by latitude from north to south, with a description of the
project type and how it is consistent with the funding purposes. Each individual project
summary includes the grantee; project name; recommended funding amount; geographic
region; and a brief project description.
1For purposes ofGGRF, the terms "disadvantaged communities" and "low income communities," are defined at
Health and Safety Code Sections 39711 and 39713. In this staff report, the term "disadvantaged communities"
encompasses both disadvantaged ahd low-income communities within the GGRF definitions. Section 39711 calls on
the California Environmental Protection Agency to identify disadvantaged communities for purposes ofGGRF.
Disadvantaged communities are identified by the California Environmental Protection Agency as the top 25% most
impacted census tracts in CalEnviroScreen 3.0. Low-income communities are defined as the census tracts that are
either al or below 80% of the statewide median income, or al or below the threshold designated as low-income by
the California Depaitment of Housing and Community Development's 2016 State lnc.ome Limits. For more
information, see: htlps://www.arb.ca.gov/cc/capandtrade/auclionproceeds/commtmitvinveslments.htm.
Page 4 of 20
March 24, 2020 Item #4 Page 26 of 51
County of Marin
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
$500,000
Bucks Landing Acquisition San Francisco Bay Area
Marin County will purchase the property known as "Bucks Landing", San Rafael, Marin County
(Marin County's Assessor's Parcel Nos. 186-010-20 and 180-171-11) depicted in Exhibit 1.
Acquisition of the 32-acre property will allow Marin County to incorporate the property into the
Marin County Park's jurisdiction and create a public park on.the shores of the creek that has
access to the shoreline and the creek for water-oriented recreation. The County is also
committed to begin planning for a climate-resilient demonstration project onsite, including
managed retreat and habitat enhancement components. The County has a purchase agreement
with a private landowner for the acquisition in place.
The acquisition of this parcel will facilitate the planning and implementation of a climate-
resiliency demonstration project on a likely highly trafficked Marin County Parks property.
Wetland restoration on site and conservation of natural lands into perpe.tuity will foster
greenhouse gas emission reductions. Co-benefits of the project include conservation of natural
habitat from development, protection of protected species habitat, and facilitation of public
access to the bay, and community engagement at a demonstration site.
Marin County Parks has identified this site as an opportunity for a climate-resiliency
demonstration project due to its low-lying location along tidally-influenced Gallinas Creek. The
property includes developed lowlands (a boat launch and facilities), native saltmarsh, and
upland open space. The developed lowlands and native saltmarsh areas are likely to be affected
by sea level rise, and have been identified as key components in the managed retreat planning
process.
Proposed Funds
Coastal Conservancy
County of Marin, Measure A
County of Marin, General Fund
Project Total
The Bay Foundation
Manhattan Beach Dune Restoration Project
Page 5 of 20
$500,000
$1,090,000
$9,490
$1,599,490
$298,112
South Coast
:, . ~ -~ ·: · . .'
··r.\'. ;.:".;.i ;~;. March 24, 2020 Item #4 Page 27 of 51
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
This project will create an innovative protected dune system at Manhattan Beach in Los Angeles
County. Santa Monica Bay Restoration Foundation (d.b.a. The Bay Foundation) will restore
approximately 3 acres of existing dunes by removal of non-native vegetation, planting of native
vegetation, and installation of fencing and educational features in collaboration with LA County
Department of Beaches and Harbors and the City of Manhattan Beach, the landowner.
Restoration of beach dunes offer a last line of protection from storm surge and sea level rise for
vulnerable infrastructure as found in the Los Angeles County Public Beach Sea-Level Rise
Vulnerability Assessment (LAC-SLRVA). The LAC-SLRVA also found that with no intervention,
Manhattan Beach is expected to erode from 420 feet wide to under 70 feet wide by 2100 due
to sea level rise and storm erosion.
This project offers a nature-based method of sea level rise protection and carbon sequestration
-no heavy equipment or machinery will be operated to accomplish the goals of this. project.
Native plantings and restoration will increase the carbon sequestration potential for the dune
system. Public access will not be impacted by this project. The project has potential to provide a
wide array of benefits, including providing habitat for endangered shorebirds and native plants;
sequestering carbon; and protecting homes, roads, and infrastructure against storm surge, sea
level rise, and erosion of Manhattan Beach. This project will incorporate resilient shoreline
design and operate as a demonstration project for the millions of annual visitors to learn about
nature-based solutions to sea level rise through educational and recreational opportunities.
Proposed Funds
Coastal Conservancy
The Bay Foundation
Project Total
$298,112
$38,000
$332,459
LA County Department of Beaches and Harbors and the City of Manhattan Beach will each
provide in-kind labor hours with an estimated value of $3,000.
The City of Carlsbad
The South Carlsbad Boulevard Climate Adaptation Project
$498,075
South Coast
The City of Carlsbad will lead a planning project incorporating managed retreat and long-term
sea level rise adaptation of public infrastructure and coastal resources. South Carlsbad
Boulevard, a section of the Pacific Coast Highway, is a heavily trafficked route along the coast in
Carlsbad, San Diego County. This southbound road is highly vulnerable to flooding and erosion
and has been closed due to storm events.
The proposed project will plan for climate adaptation for this vulnerable stretch of coastal
infrastructure. The project will facilitate greenhouse gas emission reductions through habitat
Page 6 of 20
>·., ·:~·· ! ~ ~
,.I;:,
March 24, 2020 Item #4 Page 28 of 51
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
enhancement and development of non-vehicular transit options expected from the planning
process. The project area includes both the City of Carlsbad and State Parks jurisdiction -South
Carlsbad State Beach and Campground.
Past storm events have resulted in the need for extend.ed rock revetments placed under
emergency permits from the California Coastal Commission. The project will include planning
for the retreat of this southbound road by presenting alternatives and a 30% design for the new
roadway which will incorporate non-motorized transportation lanes. The City will also facilitate
a stakeholder process to identify opportunities for use at the site of the road retreat, which is
expected to include public access and recreation as well as ecosystem enhancements. The
Center for Climate Change Impacts and Adaptation {CCCIA) at Scripps Institution of
Oceanography is partnering on the project and will provide advanced localized sea-level rise
predictions and models of cliff and beach retreat.
This project will be a demonstration of a climate adaptation project involving partnership
between scientists, resource managers, and decision-makers. The proposed project will have
multiple benefits for habitat and climate-adaptive infrastructure protection.
Proposed Funds:
Coastal Conservancy $498,075
The City of Carlsbad will provide in-kind staff time with an estimated value of $82,190.
Los Penasguitos Lagoon Foundation
Torrey Pines State Beach Sea-Level-Rise Adaptation Plan
$299,283
South Coast
The Los Pefiasquitos Lagoon Foundation in collaboration with California State Parks will lead a
planning project incorporating managed retreat and long-term climate resiliency strategies into
a plan for future public access at Torrey Pines State Natural Reserve. The public access
infrastructure in question along the Pacific Coast Highway in San Diego County is highly
trafficked and already highly vulnerable to repeated flooding and erosion caused by storm
events. These events will increase in frequency and severity due to sea level rise.
The proposed project will plan for relocation of the parking lot in State Parks jurisdiction that is
currently vulnerable to sea level rise, and the public access infrastructure associated with the
lot (restrooms, beach access, interpretive signage). The project will facilitate greenhouse gas
emission reductions through the design of natural shoreline infrastructure to increase climate
resilience, and through the habitat enhancement for Diegan coastal sage scrub and southern
foredunes areas that support special-status species. The parking lot occupies historic tidal
wetland, coastal dune, and coastal sage scrub habitat.
Page 7 of 20
March 24, 2020 Item #4 Page 29 of 51
Exhibit 2: December 19, 2019 StaffRecommendation
CL/MA TE READY GRANTS
Past storm events have resl;llted in major erosion on the beach access infrastructure, causing
unreliable access for people with disabilities to Torrey Pines State Beach and the California
Coastal Trail. The project will include planning for preserved public access as well as relocation
of the vulnerable infrastructure to a more resilient location.
This project will be a demonstration of a climate adaptation project involving partnership
between non-profits, public agencies, and local stakeholders. Additionally, State Parks is
actively identifying other facilities that must consider retreat, and this project will serve as a
pilot and framework for statewide consideration.
Proposed Funds
Coastal Conservancy $299,283
California State Parks will provide in-kind staff time, volunteer time, and equipment with an
estimated value of $10,000.
Site Description: All of the projects serve a coastal region or coastal watersheds of the state,
and/or are within one of more of the nine counties under the jurisdiction of the San Francisco
Bay Area Conservancy Program. See Exhibit 1 for regional maps depicting the locations of the
projects.
Grantee Qualifications: All grantees have capacity to manage a state grant, qualified staff or
contractors to carry out the project activities, and a record of success completing similar
projects.
Project History: California is already experiencing the impacts of climate change. Temperatures
are becoming warmer; sea levels are rising; heat waves and wildfires are becoming more
frequent and severe; and precipitation patterns are becoming more variable (California's Fourth
Climate Assessment, 2018). These impacts are projected to become more severe over the next
century, and they will disproportionately affect vulnerable communities that already
experience social, racial, health, and economic inequities (Safeguarding California, 2018).
In recognition of the urgent need to help local governments, ports and non-governmental
organizations prepare for a changing climate, SB 1066 (Lieu) was signed in 2012, giving the
Conservancy explicit authority to address the impacts and potential impacts of climate change
on resources within the Conservancy's jurisdiction. This legislation enables the Conservancy to
award grants for projects that reduce GHG emissions or address extreme weather events, sea
level rise, storm surge, beach and bluff erosion, salt water intrusion, flooding, and other
hazards that threaten ports, harbors, coastal communities, infrastructure and natural
resources. The Conservancy established its Climate Ready program to address the climate
change impacts identified in SB 1066, and give priority to climate change mitigation and
adaptation projects that maximize public benefits.
Page 8 of 20
March 24, 2020 Item #4 Page 30 of 51
E~hihit 2: December 19, 201 9 Sta l:I Recommendation
CL/MA TE READY GRANTS
The Conservancy has held five prior rounds of Climate Ready Grants since 2013. Since 2013, the
Conservancy has received proposals requesting approximately $50 million in Conservancy
funds. The Conservancy has funded 57 projects totaling approximately $11 million in
Conservancy funds. Past funded projects include sea level rise planning, urban greening, carbon
farming and natural shoreline infrastructure planning and implementation projects.
This sixth round of Climate Ready grants was made possible by an appropriation of GGRF for
the Climate Ready program. The solicitation was released on April 25, 2019. The focus of the
sixth rou_nd of grants was OI} prQjects th~! plan or impJement managed retre<;1,t ro·~cts for
public infrastructure or that plan or implement natural infrastructure projects. The Conservancy
received 11 applications requesting over $6.1 million. Of these, five are recommended for
funding under this grant round, one of which is described in a separate staff recommendation
for the Conservancy's December 19, 2019 meeting. The recommendation to fund the other 4
highly ranked projects for a total of $1,595,470 is based on funding availability and
prioritization of projects using the Conservancy's Climate Ready criteria and CAR B's Funding
Guidelines.
PROJECT FINANCING
Coastal Conservancy
Other Funding
Project Total
$1,595,470
$1,399,510
$2,994,980
This sixth round of Climate Ready grants is funded by a 2018 appropriation of GGRF funds. The
Greenhouse Gas Reduction Fund Investment Plan and Communities Revitalization Act (Health
and Safety Code (HSC) Sections 39710 -39723) requires that GGRF funds be used to (1)
facilitate the achievement of reductions of GHG emissions consistent with the Global Warming
Solutions Act of 2006 (HSC Sections 38500 et seq), and (2) to the extent feasible, achieve other
co-benefits, such as maximizing economic, environmental and public health benefits, directing
investment to disadvantaged communities, and lessening the impacts of climate change on the
state's communities, economy, and environment. (HSC 39712(b)). The Global Warming
Solutions Act of 2006 sets forth (among other things) certain GGRF funding priorities (HSC
Section 38590.1).
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Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
Bucks Landing Acquisition
The Bucks Landing Acquisition is consistent with the requirements for use of GGRF funds
because this project facilitates the reduction of GHG emissions associated with land and natural
resource conservation and management (HSC Section 39712(c}(3)). In addition, the project will
lessen the impacts and effects of climate change on the state's communities and environment
{HSC Section 39172{b){6)).
This project is consistent with GGRF funding priorities in the Global Warming Solutions Act of
~----~2-006-by-employing-€-limate-adaptation-and-r-esilieney=str-ategies-(HSE-Seetion 385-90:-1-(a)(6))-. -----~-
. Manhattan Beach Dune Restoration Project
The Manhattan Beach project is consistent with the requirements for use of GGRF funds
because the project facilitates the reduction of GHG emissions associated with natural resource
conservation and management (HSC Section 39712(c){3)). It also supports programs
implemented by a nonprofit organization coordinating with a local government (HSC Section
39712(c)(6)), supports the research, development, and deployment of innovative measures and
practices (HSC Section 39172(c)(7)), and will lessen the effects of climate change on the state's
communities, economy and environment (HSC Section 39172(b)(6)).
The project is consistent with GGRF funding priorities by implementing clrmate adaptation and
resiliency strategies (HSC Section 38590.l(a)(6)}.
The South Carlsbad Boulevard Climate Adaptation Project
The South Carlsbad project is consistent with the requirements for use of GGRF funds because
the project facilitates the reduction of GHG emissions associated with natural resource
conservation and management (HSC Section 39712(c)(3)}. It also supports programs
implemented by a local agency coordinating with a local government (HSC Section 39712(c)(6})
and supports the research, development, and deployment of innovative measures and
practices (HSC Section 39172(~)(7)), and will lessen the effects of climate change on the state's
communities, economy and environment (HSC Section 39172{b)(6)).
The project is consistent with GGRF funding priorities by planning climate adaptation and
resiliency strategies {HSC Section 38590.1(a}(6}).
Torrey Pines State Beach Sea-Level-Rise Adaptation Plan
The Torrey Pines State Preserve project is consistent with the requirements for use of GGRF
funds because the project facilitates the reduction of GHG emissions associated with natural
· resource conservation and management (HSC Section 39712(c)(3)). It also supports the
research, development, and deployment of innovative measures and practices {HSC Section
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Exhibit 2: December 19, 2019 Staff Recommendation
CLIMATE READY GRANTS
39172(c)(7)) and will lessen the effects of climate change on the state's communities, economy
and environment (HSC Section 39172(b)(6)).
The project is consistent with GGRF funding priorities by planning climate adaptation and
resiliency strategies (HSC Section 38590.l(a)(G)).
GGRF Investment Plan
Pursuant to HSC Section 39716, this round of Climate Ready grants is consistent with the Third
GGRF Investment Plan: Fiscal Years 2019-2022 (Investment Plan), which sets GGRF's funding
goals. The current Investment Plan prioritizes GGRF funding for natural resources, urban
greening, climate adaptation and resiliency, and climate research (Investment Plan, pgs. 19-25).
Pursuant to the Investment Plan, this round of Climate Ready grants is also consistent with the
state's climate goals, which include improving equity, achieving environmental justice,
supporting capacity building, and increasing community engagement (Investment Plan, pgs. 4-
13).
GGRF Funding Guidelines
CARB is directed by the state legislature to administer the GGRF funds and to develop funding
guidelines to implement the GGRF statutory regime (HSC Section 39715). Consistent with the
CARB 2018 Funding Guidelines, this round of Climate Ready grants meets the following
required guiding principles for GGRF programs:
• Facilitate GHG emission reductions and further the purposes of AB 32 and related
statutes
• Target investments in and benefiting priority populations, with a focus on maximizing
disadvantaged community benefits
• Maximize economic, environmental, and public health co-benefits to the State
• Foster job creation and job training, wherever possible
• Avoid potential substantial burdens to disadvantaged communities and low-income
communities
• Ensure transparency and accountability and provide public access to program
information.
Consistent with the Funding Guidelines, this round of Climate ready grants also meets the
following recommended guiding principles for GGRF programs:
• Encourage projects that contribute to other State climate goals
e Coordinate investments and leverage funds where possible to provide multiple benefits
and to maximize benefits.
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Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION:
All of the recommended projects would be undertaken pursuant to Section 31113 of Chapter 3
of Division 21 of the Public Resources Code, which authorizes the Conservancy to address the
impacts and potential impacts of climate change on resources within the Conservancy's
jurisdiction (Section 31113(a)).
Pursuant to Section 31113(b), the Conservancy is authorized to award grants to nonprofit
organizations and public agencies to undertake projects that include reducing greenhouse gas
emissions, and addressing extreme weather events, sea level rise, flooding, and other coastal
hazards that threaten coastal communities, infrastructure, and natural resources. Consistent
with this section, the proposed authorization awards grants to nonprofit organizations and
public agencies to undertake the projects described in the "Project Summary" section,·which
maximize public benefits by facilitating the reduction of greenhouse gas emissions, reducing
coastal hazards due to sea level rise, enhancing coastal wetlands and natural lands, and
conserving biodiversity.
Bucks Landing Acquisition
The Bucks Landing Acquisition project would also be undertaken pursuant to Chapter 4.5 of
Division 21 of the Public Resources Code, Sections 31160-31165, which authorizes the
Conservancy to award grants to projects located in the nine-county San Francisco Bay Area that
address the resource and recreational goals of the San Francisco Bay area. The project is
consistent with Section 31162(b), which sets the goal of protection, restoration, and
enhancement of natural habitats and connecting corridors, watersheds, scenic areas, and other
open-space resources of regional importance. The project is considered a priority for the San
Francisco Bay Area Conservancy Program consistent with Section 31163(c), as the project
provides for opportunities for benefits that could be lost if the project is not quickly
implemented, and substantial matching funds support the acquisition. The project will preserve
32 acres of habitat, facilitate creation of a new park and public access site, and provide a
location for a future San Francisco Bay Water Trail site.
Manhattan Beach Dune Restoration
The Manhattan Beach Dune Restoration Project would also be undertaken pursuant to Chapter
5.5 of Division 21 of the Public Resources Code, Section 31220, which authorizes the
Conservancy to award grants to improve coastal and marine habitats as follows:
Pursuant to Section 31220{b){2), the Conservancy may undertake projects to protect and
restore coastal habitats if the project "protects or restores fish and wildlife habi.tat within
coastal and marine waters and coastal watersheds." Consistent with this section, the proposed
project will implement restoration and enhancement of coastal dune habitat for wildlife,
including listed species.
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Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
Pursuant to Section 31220(b)(4), the·Conservancy may award grants to protect and restore
coastal habitats if the project "contributes to the reestablishment of natural erosion and
sediment cycles." Consistent with this section, the proposed project will restore coastal sand
dune habitat and foster the reestablishment of sediment cycles on Manhattan Beach.
Section 31220(c) states that "projects funded pursuant to this section shall include a monitoring
and evaluation component." The proposed project will include post-restoration monitoring to
assess restoration success and identify needsfor maintenance and adaptive management.
Consistent with section 31220(a), the Conservancy consulted with the State Water Resources
Control Board in the development of this grant to ensure consistency the Water Quality Control
Plan for the Los Angeles Region (Basin Plan). In addition, the project is consistent with the
Greater Los Angeles County Integrated Regional Water Management Plan (GLAC IRWM) by
addressing three objectives identified in the plan; enhancing habitat, reducing flood risk, and
addressing climate change. The project is also consistent with the GLAC IRWM South Bay
Subregional Plan due to the restoration of native habitat.
South Carlsbad Boulevard Climate Adaptation and Torrey Pines State Beach Sea-Level-Rise
Adaptation
The South Carlsbad Boulevard Climate Adaptation Project and the Torrey Pines State Beach
Sea-Level-Rise Adaptation Plan would also be undertaken pursuant to Chapter 9 of Division 21
of the Public Resources Code, Section 31400.1, which authorizes the Conservancy to award
grants to develop, operate, and manage lands for public access purposes to and along the
coast.
Section 31400 states the Legislature's intent that the Conservancy play a principal role in the
implementation of a system of public accessways to and along the state's coastline. Both
proposed projects listed above will be funded by the Conservancy to implement public access
objectives, as more specifically described in the Access Program Standards below.
Section 31400.2 states that the Conservancy may determine the amount of fund_ing for coastal
public accessway projects dependent on factors prescribed by the Conservancy in order to carry
out the provisions of the division, and the Conservancy may fund the total cost of initial
development of public accessways by non-profit organizations.
Section 31400.3 authorizes the Conservancy to provide such assistance as is required to aid
public agencies and nonprofit organizations in establishing a system of public coastal
accessways, and related functions necessary to meet the objectives of this division. Both·
proposed projects listed above are consistent with these sections as the projects will include
alternatives for public access at each site into the future while incorporating sea level rise
projections.
In addition, Torrey Pines State Beach Sea-Level-Rise Adaptation Plan would be undertaken
pursuant to Chapter 9, Section 31408 which states that the Conservancy shall work with
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Exhibit 2: December 19, 2019 Stall Recommendation
CL/MA TE READY GRANTS
relevant public agencies and departments to plan and implement projects supporting
completion of the California Coastal Trail.
CONSISTENCY WITH CONSERVANCY'S ACCESS PROGRAM STANDARDS:
Standard No. 1, Protect Public and Coastal Resources: The South Carlsbad Boulevard Climate
Adaptation Project and the Torrey Pines State Beach Sea-Level-Rise Adaptation Plan will plan
for the protection of public access in future sea level rise scenarios.
Standard No. 2, Correct Hazards: The South Carlsbad Boul(;!vard Climate Adaptation Project and
the Torrey Pines State Beach Sea-Level-Ris~ Adaptation Plan will prepare plans for highly-used
sites to minimize the future hazard of flooding from sea level rise.
CONSISTENCY WITH CONSERVANCY'S 2018-2022 STRATEGIC PLAN
GOAL(S) & OBJECTIVE(S):
The four projects proposed for funding assist the Conservancy in meeting a number of its
Strategic Plan Goals and Objectives. Relevant Goals and Objectives are listed below each ofthe
proposed projects. Please see the "Project Summary'' section, above, for how each proposed
project meets the relevant goal(s) and objective(s).
All projects were selected to advance Goal 8 of the Conservancy's Strategic Plan, to enhance
the resilience of coastal communities and ecosystems to the impacts of climate change.
Bucks Landing Acquisition
Bucks Landing Acquisition is consistent with Goal 8, Objective C, which seeks to implement
projects to increase resilience to sea level rise and other climate change impacts. Acquisition
and subsequent park creation onsite will increase the coastal resiliency of the nearby
community. The project is further consistent with Goal 2, Objective G, which seeks to acquire
land to allow for development of new coastal accessways. The site will be converted to a
County park, and will be a future site for the San Francisco Bay Water Trail. The project is
further consistent with Goal 6, Objective D, which seeks to implement projects that preserve
and enhance coastal watersheds and floodplains. The acquisition will preserve 32 acres of a
coastal watershed. The project is additionally consistent with Goal 12, Objective A, which seeks
to protect tidal wetlands, riparian habitat, and subtidal habitat. The project is further consistent
with Goal 13, Objective C, which seeks to complete acquisition projects that increase amount
of land accessible to the public. The project is further consistent with Goal 16, Objective B,
which seeks to increase the resilience to climate change impacts of communities along the
coast of California or in the San Francisco Bay Area that lack capacity due to systemic inequities.
The acquisition is within a Low-Income Community as defined by AB 1550.
Manhattan Beach Dune Restoration
Manhattan Beach Dune Restoration is consistent with Goal 8, Objective C, which seeks to
implement projects to increase resilience to sea level rise and other clim1ate change impacts.
Page 14 of 20
~ :r-~~'.·:~'!' .:.)
, ,< •• ' •. , ~ I ·:
March 24, 2020 Item #4 Page 36 of 51
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
Dune restoration will contribute to flood protection and carbon sequestration. The project is
also consistent with Goal 6, Objective B, which seeks to restore or enhance coastal habitats,
including coastal wetlands and intertidal areas, stream corridors, dunes, coastal sage scrub,_
coastal terraces, forests, and coastal prairie. The project will restore approximately 3 acres of
coastal dune habitat. It is further consistent with Goal 6, Objective D, which seeks to
implemeot projects that preserve and enhance coastal watersheds and floodplains.
The South Carlsbad Boulevard Climate Adaptation Project
The project is consistent with Goal 8, Objective B, which seeks to plan and design adaptation
projects to increase resilience to sea level rise and other climate change impacts. The project is
further consistent with Goal 6, Objective A, which seeks to develop plans for the restoration
and enhancement of coastal habitats, including coastal wetlands and intertidal areas, stream
corridors, dunes, coastal terraces, coastal sage scrub, forests, and coastal prairie.
Torrey Pines State Beach Sea-Level-Rise Adaptation Plan
The project is consistent with Goal 8, Objective B, which seeks to plan and design adaptation
projects to increase resilience to sea level rise and other climate change impacts. The project is
further consistent with Goal 2, Objective A, which seeks to enhance opportunities for access
for people with disabilities along the coast. The project is further consistent with Goal 6,
Objective A, which seeks to develop plans for the restoration and enhancement of coastal
habitats, including coastal wetlands and intertidal areas, stream corridors, dunes, coastal
terraces, coastal sage scrub, forests, and coastal prairie. The project is additionally consistent
with Goal 6, Objective C, which seeks to develop plans to preserve and enhance coastal
watersheds and floodplains. The project is also consistent with Goal 16, Objective B, which
seeks to increase the resilience to climate change impacts of communities along the coast of
California or in the San Francisco Bay Area that lack capacity due to systemic inequities.
CONSISTENCY WITH CONSERVANCY'S
PROJECT SELECTION CRITERIA & GUIDELINES:
The proposed project is consistent with the Conservancy's Project Selection Criteria and
Guidelines, last updated on October 2, 2014, in the following respects:
Required Criteria
1. Promotion of the Conservancy's statutory programs and purposes: See the "Consistency
with Conservancy's Enabling Legislation" section above.
2. Consistency with purposes of the funding source: See the "Project Financing" section
above.
3. Promotion and implement:atiofll of state plans a nd policies: All projects are consistent with
the 2018 Update to the Safeguarding California Plan (California Natural Resources Agency),
which seeks to "actively engage, educate, learnfrom, and partner with communities to
enable early, continuous, and meaningful participation in adaptation initiatives." (Goal 1, p.
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March 24, 2020 Item #4 Page 37 of 51
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
33) and to "support planning and adaptation to reduce hazards and to increase the
resilience of coastal communities, infrastructure, development, and other resources" (O-1,
p. 172). Safeguarding California also calls for support for managed retreat strategies and
projects (p.282). All of the proposed projects are also consistent with the 2015 A Strategy
for California@ 50 Million: The Environmental Goals and Policy Report (Governor's Office of
Planning and Research), which seeks to "prioritize GHG emission reduction actions that
provide climate resilience benefits, especially in the natural resource sector" (p.26). All
projects are consistent with the 2018 Update to the Sea Level Rise Policy Guidance
(California Coastal Commission), which provides "an overview of the best available sc(ence
on sea level rise for California and recommended methodology for addressing sea level rise
in Coastal Commission planning and regulatory actions". The Guidance gives priority to
projects that incorporate nature-based approaches and managed retreat (p.124).
a. Bucks Landing Acquisition
i. This project is consistent with the 2018 Update to the Safeguarding
California Plan, which seeks to promote mitigation and adaptation strategies
with public health and equity benefits {P-3, p. 99); and increase restoration
and enhancement activities to increase climate resiliency of natural lands (B-
3, p.142).
ii. This project is also consistent with the 2015 A Strategy for California @ 50
Million: The Environmental Goals and Policy Report, which seeks to "build
resilience into natural systems and prioritize natural and green
infrastructure solutions", as "well-maintained watersheds and floodplains
can lessen flood risks resulting from variations in stream flow and timing of
runoff." (p. 23). The report further seeks to "support landscape-scale
approaches to conservation and mitigation that account for multiple
benefits" (p.22).
iii. This project is also consistent with the 2016 California Water Action Plan,
which seeks to restore coastal watersheds (p.12).
b. Manhattan Beach Dune Restoration
i. This project is consistent with the 2018 Update to the Safeguarding
California Plan, which seeks to design and implement nature-based projects
to protect and enhance the adaptive capacity of coastal and marine
ecosystems (O-2, p.175); increase restoration and enhancement activities to
increase climate resiliency of natural lands (B-3, p.142); educate, empower,
and engage Californians to reduce vulnerabilities to climate change through
mitigation and adaptation (P-2, p. 96); and.promote mitigation and
adaptation strategies with public health and equity benefits (P-3, p. 99).
ii. This project is also consistent with the 2015 A Strategy for California@ 50
Million: The Environmental Goals and Policy Report, which seeks to "build
Page 16 of 20
March 24, 2020 Item #4 Page 38 of 51
Exhibit 2: Decernbe,r 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
resilience into natural systems and prioritize natural and green
infrastructure solutions" (p. 23). The report further seeks to "support
landscape~scale approaches to conservation and mitigation that account for
multiple benefits" (p.22).
iii. This project is also consistent with the 2016 California Water Action Plan,
which seeks to restore coastal watersheds (p.12); and encourage flood
projects that plan for climate change and achieve multiple benefits (p. 19).
c. The South Carlsbad Boulevard Climate Adaptation Project
i. This project is consistent with the 2018 Update to the Safeguarding
California Plan, which seeks to promote community resilience and health
equity by improving underlying environmental and living conditions (P-1,
p.93}; promote mitigation and adaptation strategies with public health and
equity benefits (P-3, p. 99); and increase restoration and enhancement
activities to increase climate resiliency of natural lands (B-3, p.142). The
project plans the retreat of Carlsbad Boulevard, a strategy supported by the
plan (p.282).
ii. This project is also consistent with the 2015 A Strategy for California@ 50
Million: The Environmental Goals and Policy Report, which seeks to "support
landscape-scale approaches to conservation and mitigation that account for
multiple benefits" {p.22).
iii. This project is also consistent with the 2016 California Water Action Plan,
which seeks to restore coastal watersheds (p.12); and encourage flood
projects that plan for climate change and achieve multiple benefits {p. 19).
d. Torrey Pines State Beach Sea-Level-Rise Adaptation Plan
i. This project is consistent with the 2018 Update to the Safeguarding
California Plan, which seeks to promote community resilience and health
equity by improving underlying environmental and living conditions {P-1,
p.93); promote mitigation and adaptation strategies with public health and
equity benefits {P-3, p. 99); and increase restoration and enhancement
activities to increase climate resiliency of natural lands (B-3, p.142). The
project plans the retreat of facilities at Torrey Pines, a strategy supported by
tlie plan (p.282).
ii. This project is also consistent with the 2015 A Strategy for California @ 50
Million: The Environmental Goals and Policy Report, which seeks to "build
resilience into natural systems and prioritize natural and green
infrastructure solutions", as "well-maintained watersheds and floodplains
can lessen flood risks resulting from variations in stream flow and timing of
runoff." {p. 23). The report further seeks to "support landscape-scale
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March 24, 2020 Item #4 Page 39 of 51
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
approaches to conservation and mitigation that account for multiple
benefits" (p.22).
iii. This project is also consistent with the 2016 California Water Action Plan,
which seeks to restore coastal watersheds (p.12); and encourage flood
projects that plan for climate change and achieve multiple benefits (p. 19).
4. Support of the public: As indicated by the support letters provided in Exhibit 2, the suite of
proposed projects are supported by elected officials, numerous community and nonprofit
organizations, and local agencies.
5. Location: All of the projects are located either within a coastal watershed or the nine-
county San Francisco Bay region.
6. Need: Without Conservancy funding, the proposed projects would either not proceed or
would have to be scaled back.
7. Greater-than-local interest: The projects to be funded by this authorization will improve
· resiliency, public access, and recreation throughout the coastal regions of the state and the
San Francisco Bay Area. Over the next century the California coastal region will experience
more severe impacts from the combined effects of sea level rise, higher air and water
temperatures, altered precipitation patterns, salinity changes, ocean acidification, more
severe El Nifio climate events, increased storm frequency and intensity, higher coastal
erosion rates, saltwater intrusion, and greater fire intensity and frequency. These impacts
will in turn increase vulnerabilities of our coastal infrastructure, public health and safety,
and our natural resources which support our economy and a vast number of other services.
They will have wide-ranging implications for coastal and inland communities alike.
8. Sea level rise vulnerability: All four Climate Ready projects address the impacts of sea-level
rise directly as a project goal. All projects will complete crucial planning steps for protection
against sea level rise by providing shoreline and sediment stabilization, retreat of
infrastructure, or acquisition of lands to be used as a sea level rise demonstration project.
9. Urgency: The longer we wait to adapt to climate change, the greater the future costs and
losses will be (California's Coast and Ocean Summary Report, Fourth Climate Change
Assessment, 2018). Retreat is the safest, most predictable, and most cost-effective strategy
at many locations along California's coast. Coastal marshes and other living shorelines that
are restored today will be more resilient as sea level rises, thereby maintaining the flood
protection and ecological benefits they provide. It is therefore urgent that we act now to
protect our coastal communities and economy as well as our natural resources, public
health, and agricultural resources.
10. Resolution of more than one issue: The projects recommended for funding are multi-
benefit projects that use nature-based solutions to increase resilience to climate change
impacts. They will provide both climate mitigation and adaptation while also helping to
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March 24, 2020 Item #4 Page 40 of 51
Exhibit 2: December I 9, 2019 Staff Recommendation
CLIMATE READY GRANTS
achieve a suite of other benefits such as sea level rise resiliency, habitat enhancement, and
traffic reduction.
11. Leverage: See the "Project Financing" section above.
12. Innovation: All four proposed projects incorporate an innovative approach to increasing
resiliency to sea level rise at sites available for public interaction and education.
13. Readiness: All four projects described in the "Project Summary" section above are ready to
implement and complete within one to five years.
14. Realization of prior Conservancy goals: See the "Project History" section above.
15. Return to Conservancy: See the "Project Financing" section above.
16. Cooperation: The Climate Ready projects are intended to foster cooperation across multiple
regional and political boundaries to address the impacts of climate change. To achieve this
goal multiple nonprofit organizations and federal, state, and local agencies are involved in
project implementation.
17. Vulnerability from climate change impacts other than sea level rise: All of the proposed
projects are focused on climate change adaptation or mitigation, and their goal is to
increase resilience of the project area to projected climate change impacts. All of the
proposed projects have thus taken vulnerabilities from other climate change impacts, other
than sea level rise, into consideration throughout the design of the project.
18. Minimization of greenhouse gas emissions: All of the pro~osed projects will facilitate the
reduction of GHG emissions. Please see the "Project Summary" section above.
CEQA COMPLIANCE:
Bucks Landing Acquisition
The project is categorically exempt from environmental review under the California
Environmental Quality Act (CEQA) pursuant to the CEQA Guidelines at 14 Cal. Code of Reg.
Sections 15313(a), 15325 and 15316, which exempt acquisitions of property for purposes of:
preserving fish and wildlife habitat; preserving the natural conditions of the property, including
plant and animal habitats and its open spaces; and transfer of land to establish a park. The
proposed project will preserve the existing natural conditions and habitats of the property, and
the management plan for the park has not been developed by Marin County Parks.
An anticipated future use of the property is as an access point to Gallinas Creek and the San
Pablo Bay through the property. These activities will be evaluated for their potential
environmental effect when Marin County creates a plan for the property. Those activities are
not funded, approved or adopted through this authorization.
Upon approval of the project, Conservancy staff will file a Notice of Exemption.
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March 24, 2020 Item #4 Page 41 of 51
Exhibit 2: December 19, 2019 Staff Recommendation
CL/MA TE READY GRANTS
Manhattan Beach Dune Restoration Project
The proposed project is categorically exempt from CEQA review under CEQA Guidelines Section
15333 as a small habitat restoration project of less than five acres that assures the
maintenance, restoration, enhancement, or protection of habitat for fish, plants, or wildlife.
This project consists of the utilization of existing sediments to passively restore and transform
approximately 3 acres of sandy beach habitat into a sustainable coastal strand and dune habitat
complex. The project does not involve moving any sediment to or from outside of the project
site, and will only involve hand labor without the use of mechanical tools. There are no rare or
endangered species located at the project site; accordingly, consistent with CEQA Guidelines
Section 15333(a), there would be no significant adverse impact on endangered, rare or
threatened species or their habitat. Consistent with CEQA Guidelines Section 15333(b), there
are no hazardous materials at or around the project site that would be disturbed or moved.
Finally, this project is a stand-alone project, and consistent with CEQA Guidelines Section
15333(c), will not result in impacts that are significant when viewed in connection with the
effects of past projects, the effects of other current projects, and the effects of probable future
projects. The project would result in a beneficial impact on wildlife.
Upon approval, staff will file a Notice of Exemption that this proposed project is exempt from
CEQA.
The South Carlsbad Boulevard Climate Adaptation Project
The proposed project is statutorily exempt from review under CEQA pursuant to CEQA
Guidelines Section 15262, which exempts planning and feasibility studies for possible future
actions which have not been approved, adopted or funded. The project involves only (1) the
completion of the conceptual and technical designs, and (2) assessment of information needed
for environmental review for possible future actions that the Conservancy has not approved,
adopted, or funded.
Upon approval, staff will file a Notice of Exemption that this proposed project is exempt from
CEQA.
Torrey Pines State Beach Sea-Level-Rise Adaptation Plan
The proposed project is statutorily exempt from review under CEQA pursuant to CEQA
Guidelines Section 15262, which exempts planning and feasibility studies for possible future
actions which have not been approved, adopted or funded. The project involves only (1) the
completion of the conceptual and technical designs, and (2) assessment of information needed
for environmental review for possible future actions that the Conservancy has not approved,
adopted, or funded.
Upon approval, staff will file a Notice of Exemption that this proposed project is exempt from
CEQA.
Page 20 of 20
l / t'
al'·;:.~-{, 'c.
March 24, 2020 Item #4 Page 42 of 51
ATTACHMENT B
NOTE: THIS IS A SAMPLE AGREEMENT. THE ACTUAL
AGREEMENT IS BEING PREPARED BY SIO AND WILL
ARRIVE BY FEB. 28, 2020
SPONSORED RESEARCH AGREEMENT, No.
This Agreement is made by and between XXX ("Sponsor") with offices at XXX, and The Regents of
the University of California, a California Corporation having its principal office at 1111 Franklin
Street, 5th floor, Oakland, California 94607-5200, on behalf of Scripps Institution of Oceanography
at the University of California, San Diego campus ("UCSD") located at 9500 Gilman Drive, La Jolla,
California 92093-0210. Sponsor and UCSD shall each be referred to as a "Party" or, collectively, as
"Parties".
WHEREAS, it is in the mutual interest of Sponsor and University that research be conducted on a
project entitled "XXX" ("Research Program");
WHEREAS, Sponsor desires to financially support said Research Program at University;
NOW, THEREFORE, the parties agree as follows:
1 RESEARCH PROGRAM DESCRIPTORS
Principal Investigator:
Agreement Type: Cost-Reimbursement
Begin Date:
End Date:
Total Funded Amount (currently obligated amount):
2 DEFINITIONS
2.1 Research Program. Research Program means the research to be performed as set forth in
Exhibit A.
2.2 Confidential Information. All documents, information, materials and data provided by one
Party to the other and marked as such shall be considered confidential information
("Confidential Information") except as follows. Confidential Information of a Party shall not
include any information that: i) is already known by or available to the receiving Party without
a confidentiality obligation; ii) is publicly known or available from other sources who are not
under a confidentiality obligation to the source of the information; iii) has been made available
by its owners to others without a confidentiality obligation; iv) is independently developed by
or on behalf of the other Party without reference or access to Confidential Information; or v)
relates to potential hazards or cautionary warnings associated with the performance of this
Research Program/Statement of Work, or is required to be disclosed under operation of law.
2.3 Principal Investigator or Co Principal Investigator (PI). The research is to be conducted by
University under the direction of the PI identified in paragraph 1 who will be responsible for
the direction of the Research Program, including all budgeting and revisions to the Budget, in
accordance with applicable University policies.
2.4 Technology. Technology means all tangible materials, inventions, works of authorship,
software, information, and data conceived and developed in the performance of the Research
Program and funded under this Agreement.
March 24, 2020 Item #4 Page 43 of 51
2.5 Period of Performance. The Research Program Period of Performance includes the Start Date
and the End Date and the time in between.
3 RESEARCH PROGRAM -The Research Program shall be conducted in accordance with the
Research Proposal UCSD 2014-XXX (Exhibit A) attached hereto and incorporated into this
Agreement by this reference solely for the purpose of describing the scope of work to be
performed under this Agreement. The Research Program shall be carried out during the Period
of Performance unless sooner terminated as herein provided.
4 BUDGET -Sponsor shall support the Research Program by an award of XXX U.S. Dollars. The
award amount shall cover all direct and indirect costs of the Research Program, as set forth in the
Budget attached to the Research Proposal. If at any time University has reason to believe that
the cost of the Research Program will be greater than the amount budgeted, University shall
notify Sponsor in writing to that effect, providing a revised budget of the cost of completion of
the Research Program. Sponsor shall not be obligated to reimburse University for the costs
incurred in excess of the Total Funded Amount and until Sponsor has notified University in
writing that the revised budget is accepted. UCSD has the authority to rebudget Costs from time
to time, at the discretion of the PI, as long as the re budgeting is consistent with the goals of the
Research Program. Upon expenditure of the accepted budget amount, University's obligation to
continue performance of the Research Program shall cease. If the Research Program period is
more than one year, the balance of any funds remaining at the end of any Research Program year
can be carried over to subsequent years during the period of the Agreement to support the
Research Program. At the end of the Research Program, ifthere is a balance owed to Sponsor of
$100 or less, UCSD may keep the balance. Any amounts over $100 will be returned to Sponsor
unless the parties agree otherwise. UCSD will provide its customary final financial report upon
Sponsor's written request.
5 Fixed-Price Agreement. If this Agreement is designated as "Fixed Price," Sponsor will pay
UCSD the Cost indicated on Page 1. The Parties estimate that the Cost is sufficient to support
the Research Program. UCSD may submit to Sponsor a revised budget requesting additional
funds if Sponsor requests a change in the Research Program scope of work. Sponsor will not be
liable for any payment in excess of the Cost except upon Sponsor's written agreement. UCSD
has the authority to re budget costs at the discretion of the Principal Investigator, as long as the
re budgeting is consistent with the goals of the Research Program. Sponsor is not entitled to any
refund of funds not spent if all Research Program commitments have been met. UCSD will
provide its customary final financial report upon Sponsor's written request.
6 TAXES. UCSD is a nonprofit 50l(c) (3) corporation. Sponsor agrees that if this Agreement is
subject to taxation by any governmental authority, Sponsor will pay these taxes in full. UCSD
will have no liability for the payment of these taxes.
7 SCIENTIFIC RESEARCH.
7 .1 No Guarantee. Sponsor acknowledges that the Research Program is a scientific undertaking
and, consequently, UCSD will not guarantee any particular outcome or specific yield.
7.2 No Warranties. UCSD provides Sponsor the rights granted in this Agreement AS IS and WITH
ALL FAULTS. UCSD makes no representations and extends no warranties of any kind, either
express or implied. Among other things, UCSD disclaims any express or implied warranty:
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March 24, 2020 Item #4 Page 44 of 51
(a) of merchantability, of fitness for a particular purpose,
(b) of non-infringement or
( c) arising out of any course of dealing.
7.3 Animal Studies. UCSD does not conduct animal studies that are intended to support
applications for research or marketing permits for FDA-regulated products (as described in
Title 21, Code of Federal Regulations (CFR) Part 58-Good Laboratory Practice (GLP) for
Nonclinical Laboratory Studies).
7.4 Export Control. Neither Party shall provide export controlled information or material to the
other Party without formal modification of this provision. The Parties agree that it is not
anticipated that any report or deliverable will be export controlled. Should the Parties discover
otherwise, the Parties may terminate this agreement or seek a mutual amendment to this
provision and shall nevertheless at all times shall agree to comply with all U.S. export laws and
regulations.
8 FREEDOM OF RESEARCH. This Agreement does not limit the freedom of individuals
participating in this Research Program to engage in any other research.
9 PAYMENT -Sponsor shall reimburse the University not more often than monthly for allowable
costs. The University shall mail invoices to : The University shall mail invoices to:
SPONSOR's ADDRESS:
SPONSOR's EMAIL ADDRESS:
Payment may be made by check, ACH or wire transfer. When payment is made an email
notification shall be sent to emfcashmgt@ucsd.edu.
Checks shall be made payable to "The Regents of the University of California" and sent to the
following address:
The Regents of the University of California
University of California-San Diego
Cashier's Office, Mail Code 0009
9500 Gilman Drive
La Jolla, CA 92093-0009
Note that the Routing Number is different for ACHs and wire transfers.
Payment via ACH (preferred method) bank information:
Receiving bank name: Bank of America, NA
Receiving bank address:
Bank of America, NA
P.O. Box 37025
San Francisco, CA 9413 7, USA
Account number:1 233018188
Routing (ABA) number: 121000358
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March 24, 2020 Item #4 Page 45 of 51
Account name: Regents of the University of California, San Diego
ACH preferred format: CTX
Type of Account: Checking
Payment via wire transfer bank information:
Receiving bank name: Bank of America, NA
Receiving bank address:
Bank of America, NA
100 West 33rd Street
New York, NY 10001, USA
Account number: 1233018188
Routing (ABA) number: 0260-0959-3
CHIPS address: 0959
SWIFT address: BOF AUS3N
Account name: Regents of the University of California, San Diego
Type of Account: Checking
Each payment shall be .identified by providing the following information:
UCSD fund number or contract/ grant number
AR ISIS account number and invoice number
Principal investigator, department name, department contact name
Any other information that will facilitate the identification of the payment (for payment by
check, include a copy of the invoice)
Exact amount of incoming funds
Sponsor shall have sixty (60) days from the completion of the Research Program to request that
University provide a report of expenditures shown by major cost categories.
10 REPORTS/DELIVERABLES -The PI will submit a final (technical) report to the Sponsor
within 90 days of the End Date if a final (technical) report was proposed in Exhibit A. The
report will summarize the Research Program accomplishments and significant research findings .
There are no additional deliverables for this Research Program. Sponsor understands and
agrees that such final report content, data, and/or other deliverables are provided "as is" and thus,
Sponsor uses such at its own risk. UCSD extends no warranties of any kind, either express or
implied, including but not limited to, warranties of merchantability and fitness for a particular
purpose.
10.1 CONFIDENTIAL INFORMATION -Subject to the Disclosure, Technology, and Patent
Rights paragraph of this Agreement, it is the intent of the Parties that neither Party shall furnish
any information considered confidential and/or proprietary by it and/or one or more third
parties to the other Party in connection with this Agreement except as required by law. Where
Confidential Information is disclosed, the receiving Party shall have a duty to protect only
Confidential Information disclosed by the disclosing Party which is either: (a) in writing and
marked as confidential at the time of disclosure, or (b) disclosed orally or visually and
summarized and designated as confidential in a written memorandum delivered to the receiving
Party within 30 days of disclosure, and, in the instance of Confidential Information provided to
UCSD, it must not only be marked but it must also be delivered only to UCSD's PI or
_____ , if specified here. In consideration of the disclosure of any Confidential
Information, the other Party agrees that, for a period of three years from the effective date of
4
March 24, 2020 Item #4 Page 46 of 51
this agreement, it will take reasonable precautions as normally taken with the its own
confidential and proprietary information.
11 RIGHTS IN DATA -University shall have the right to copyright, publish, disclose, disseminate
and use, in whole and in part, any data and information developed under this Agreement.
Subject to paragraph 2.2 Confidential Information, University shall have the right to publish,
disclose, disseminate and use, in whole and in part, any data and information disclosed to it by
Sponsor under this Agreement. Subject to the terms of the Confidential Information,
Publication, Use of Name and Disclosure, Technology, and Patent Rights provisions of this
Agreement, Sponsor shall have the right to disclose, publish and use the reports and deliverables
identified in the relevant paragraph and delivered hereunder to Sponsor by UCSD. However,
under no circumstances will Sponsor state or imply in any publication or other published
announcement that UCSD has tested, endorsed or approved any product, service or company.
12 USE OF NAME/PUBLICITY -Neither Party shall use the name, logo, or marks of the other
Party, nor the name of any faculty member, employee, researcher, or student of the other Party,
in connection with any product, service, promotion, hews release, advertisement or other
publicity without the prior written permission of the other Party and, if an individual's name be
concerned, of that individual. The foregoing prohibition shall not include the transmission of
such information to UC's Regents, Advisory Boards, legal counsel or any of their other internal
formal boards or committees of either Party; any historically public accounting of funding
sources; any listing by a PI, student or employee in a CV orresume in job-seeking or in
documenting "other sources" of support or research experience while proposing other funding for
research.
13 PUBLICATION, FUNDAMENTAL RESEARCH, ACKNOLWEDGMENT, AND
DISCLAIMER -The basic objective of research activities at UCSD is the generntion of new
knowledge and its expeditious dissemination for the public's benefit. As a matter of basic
academic policy, UCSD retains the right at its discretion to present and publish freely any results
of the Research Program to the extent such results do not contain Confidential Information of
Sponsor. Sponsor will provide all reasonable cooperation with UCSD in meeting this objective.
UCSD shall have the right to present and publish the results of the work conducted by UCSD
under this Agreement to the extent such results do not contain Confidential Information of
Sponsor. UCSD shall, upon request, provide Sponsor the opportunity to review any proposed
manuscripts describing said work thirty (30) days prior to submission for publication. Sponsor
may review the manuscript or publication for disclosure ofSponsor's Confidential Information
or for potentially patentable Subject inventions within 30 days. If Sponsor notifies UCSD that
such submission would cause the loss of significant foreign patent rights, University will, at its
option, either delete the enabling portion of the proposed publication, or withhold publication for
sixty (60) days until U.S. patent filings are completed, but only to the extent that Sponsor agrees
to reimburse University for costs associated with such patent applications and subsequent
prosecutions. UCSD will acknowledge the Sponsor in resulting publications for its sponsorship
of the Research Program. SP.onsor does not~uest any disclaimers.
14 DISCLOSURE, TECHNOLOGY, AND PATENT RIGHTS -
14.1 Sponsor Technology -All rights to Technology, including software, made solely by Sponsor
shall belong to Sponsor and shall be disposed of in accordance with Sponsor policy.
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14.2 University Technology -All rights to Technology, including software, made solely by UCSD
shall belong to the University and shall be disposed of in accordance with University policy.
14.3 Joint Technology -All rights to Technology, including software, made jointly by University
and Sponsor shall be jointly-owned.
14.4 Subject Inventions. Inventorship of patentable developments or discoveries first conceived and
actually reduced to practice in the performance of this Agreement ("Subject Inventions") will
be determined in accordance with applicable U.S. Patent Law and UCSD policy.
14.5 Time-Limited, First Right to Negotiate. To the extent that the University has the legal right to
do so, and provided Sponsor pays all direct and indirect costs of the Research Program
including a proportionate share of all research salaries and benefits, Sponsor will have, in
accordance with the provisions of the following paragraph, a time-limited first right to
negotiate a commercial, royalty-bearing license, to make, use, and sell any UCSD-owned
Subject Invention, for the term of any patent thereon.
14.6 Disclosure. UCSD shall promptly disclose to Sponsor any Subject Inventions arising under this
Agreement for which it is a sole or joint inventor. To the extent that Sponsor is collaborating
with UCSD or engaging in iterative or alternating work with UCSD, whether or not reflected in
this Agreement or associated statement of work or proposal, Sponsor shall also promptly
disclose to UCSD any Subject Inventions arising under this Agreement. The receiving Party
shall hold such disclosure on a confidential basis and will not disclose the information to any
third party without consent of the disclosing Party. Sponsor shall advise University in writing
within 60 days of disclosure to the Sponsor whether or not it wishes to secure a an option or
license to UCSD's interest in the disclosed Subject Invention ("Election Period"). If Sponsor
elects to secure a license, the ~ponsor shall assume all costs associated with patent filing,
prosecuting and maintaining patent protection for such Inventions whether or not a patent
ultimately issues. Sponsor shall have 90 days from the date of election to conclude such
license or option agreement with UCSD ("Negotiation Period"). Such period may be extended
by mutual agreement. Said license shall contain reasonable terms, shall require diligent
performance by the Sponsor for the timely commercial development and early marketing of
applicable Subject Invention(s), and include the Sponsor's continuing obligation to pay patent
costs. In the event it is necessary in the opinion of UCSD to file any patent applications to
protect a Subject Invention during the Election or Negotiation Periods, Sponsor will reimburse
patent costs incurred by UCSD during such periods(s). If such option or license negotiation is
not concluded within the Negotiation Period or if Sponsor does not notify UCSD of its wish to
secure an option or license within the Election Period, neither Party will have any further
obligation to the other with respect to UCSD's interest in the disclosed Subject Invention and
the rights to such Subject Invention(s) disclosed hereunder shall be disposed of in accordance
with University policies. Nothing herein shall prevent UCSD from filing a patent application at
its own discretion and expense.
14.7 Foreign-Filing Election. Notwithstanding any other provisions establishing or extending time,
Sponsor must notify UCSD of those countries outside the United States in which it desires a
license in sufficient time for UCSD to satisfy the patent-law requirements of those countries.
Sponsor will reimburse UCSD for out-of-pocket costs for those filings, including patent filing,
prosecution, and maintenance fees.
14.8 Disclaimer. Nothing in this Agreement is or shall be construed as conferring by implication,
estoppel, or otherwise any license or rights under any patents or other rights ofUCSD and/or
The Regents of the University of California.
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March 24, 2020 Item #4 Page 48 of 51
14.9 Copyright. Copyright in original works of authorship, including computer software, first
created and fixed in a tangible medium of expression by UCSD in the performance of this
Agreement will vest in UCSD. At Sponsor's request and to the extent that University has the
legal right to do so, University will grant to Sponsor a license to University's interest in such
works on reasonable terms and conditions, including reasonable royalties, as the Parties
mutually agree in a separate writing. However, as with the preceding subsection, Sponsor shall
advise UCSD in writing within 60 days of disclosure to the Sponsor whether or not it wishes to
negotiate a license and the Sponsor shall then have 90 days from the date of election to
conclude a license or option agreement with UCSD.
14.10 Background and Other Intellectual Property. For the avoidance of doubt, all intellectual
property developed outside of this Agreement shall remain the property of its owner. Except as
explicitly provided in this Agreement, neither Party receives any right to the other's intellectual
property developed outside of this Agreement.
15 INDEMNIFICATION -Each Party (the "Indemnifying Party") shall defend, indemnify, and
hold the other Party, its officers, employees, and agents harmless from and against any and all
liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages
arising out of the performance of this Agreement but only in proportion to and to the extent such
liability, loss, expense, attorneys' fees, or claims for injury or damages are caused by or result
from the negligent or intentional acts or omissions of the Indemnifying Party, its officers,
employees or agents.
16 EXPENDABLES, SUPPLIES AND EQUIPMENT -Ownership and title shall vest in UCSD
for all expendables, supplies and/or equipment purchased or fabricated to perform the Research
Program.
17 EXCUSABLE DELAYS -In the event of a delay caused by inclement weather, fire, flood,
strike or other labor dispute, act of God, act of governmental officials or agencies, or any other
cause beyond the control of University, University shall be excused from performance hereunder
for the period of time attributable to such delay, which may extend beyond the time lost due to
one or more of the causes mentioned above. In the event of any such delay, this Agreement may
be revised by changing the Budget, performance period and other provisions, as appropriate, by
mutual agreement of the parties.
18 NOTICE -Whenever any notice is to be given hereunder, it shall be in writing and sent to the
following address:
University:
(U.S. Mail)
Judy Cheng
Office of Contract and Grant Administration
Scripps Institution of Oceanography
University of California, San Diego
La Jolla, California 92093-0210
(email, preferred) judycheng@ucsd.edu
for courier delivery:
Judy Cheng
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March 24, 2020 Item #4 Page 49 of 51
Sponsor:
Office of Contract and Grant Administration
Scripps Institution of Oceanography
116 Scripps Building
8622 Charles F. Kennel Way (formerly Discovery Way)
La Jolla, California 9203 7
19 EARLY TERMINATION
19.1 Either Party may terminate this Agreement upon 30 days' written notice directed to the
appropriate individual named in the Notice paragraph of this Agreement. If this Agreement is
terminated before the End Date, Sponsor will pay the reasonable cost incurred by UCSD in
winding down and terminating the Research Program, including the Cost of the Research
Program during the wind-down period and all costs and non-cancelable commitments incurred
before termination. Such obligations may include, but are not limited to, salary and fringe
benefits (including vacation accrual) of personnel engaged on the Research Program during
their severance period; purchase orders and other agreements with outside vendors which
cannot be canceled; inventory storage and disposition costs for items produced under this
Agreement; and indirect costs associated with these obligations. In addition, UCSD shall also
be reimbursed for additional costs, which may be incurred as a result of termination, including
reasonable clerical and accounting costs. UCSD shall try to limit or terminate any outstanding
commitments. If any UCSD student is supported under this Agreement, Sponsor will remain
responsible for the full cost of the student support through the end of the academic quarter in
which this Agreement is terminated. After termination, UCSD will submit a final report of all
Costs incurred and all funds received under this Agreement within 90 days. The report will be
accompanied by a check for funds remaining after allowable Costs and non-cancelable
commitments have been paid or a final invoice for settlement of all costs to be reimbursed.
19.2 UCSD reserves the right to cease performance and terminate this Agreement immediately if
Sponsor fails to pay any invoice within 60 days of receipt.
20 General Provisions.
20.1 Independent Contractors. UCSD and Sponsor are independent contractors and neither is an
agent, joint venturer, or partner of the other.
20.2 Assignment. Neither Party may assign this Agreement without the prior written consent of the
other Party.
20.3 Purchase Orders. To the extent any conflict arises between the terms of this Agreement and the
terms of any purchase order issued by the Sponsor, the terms of this Agreement shall govern
and those of the PO shall have no effect.
20.4 Prevailing Terms. In the event of any inconsistency between the terms of this Agreement and
the documents referenced or incorporated into this Agreement, the terms of this Agreement
prevail.
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20.5 Entire Agreement. This Agreement represents the entire agreement and understanding between
the parties with respect to its subject matter. It supersedes all prior or contemporaneous
discussions, representations, or agreements, whether written or oral, of the parties regarding
this subject matter.
20.6 Non Discrimination. UCSD shall follow its normal employment policies, which prohibit
discrimination against any employee or applicant for employment on the basis of race, color,
creed, religion, national origin, sexual preference, marital status, age, sex, or handicap ( except
where bona fide occupational qualification so requires), with respect to this Agreement.
Qualified individuals will not be denied the opportunity to contribute to the work to be
conducted at UCSD under this Agreement on those bases or on the basis of citizenship.
20. 7 Governing Law. This Agreement is governed by the laws of the State of California, without
regard to its conflict of laws doctrine. Any legal action involving this Agreement or the
Research Program will be adjudicated in the State of California.
20 .8 Electronic Copies, Signatures, and Amendments or Changes. The parties agree that a copy of
the original signature (including an electronic copy) may be used for any and all purposes for
which the original signature may have been used. For purposes of this Agreement and any
subsequent modifications, "original signature" shall include an ink or electronic signature. The
parties further waive any right to challenge the admissibility or authenticity of this Agreement
in a court of law based solely on the absence of an original signature and/or original document.
This provision shall be upheld and shall survive termination of the agreement for a period of 5
years for purposes of establishing validity of this Agreement (including amendments)
regardless of any choice of law determination made by a court or other authority. Amendments
or changes to this Agreement must be in writing and signed by the parties' authorized
representatives.
20.9 Counterparts. This Agreement and any amendment to it may be executed in counterparts and
all of these counterparts together shall be deemed to constitute one and the same agreement.
The following authorized Party representatives have executed this Agreement, including all its terms
and conditions.
THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA
By: -----------(signature)
Name:
Title :
Date: ------------
XXX
By:----~-------
( signature)
Name: -----------
Title: ------------
Date: ------------
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