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HomeMy WebLinkAbout_ 4.11(a)--Adopt Budget Resolution to Appropriate EAGSA Grant FundsC IT Y OF REMDINO�" AN CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: March 19, 2024 FROM: Michael Webb, Public Works ITEM NO. 4.11(a) Director ***APPROVED BY*** 6 crCIrecr a t?e ry jpis n, Ci ars e 3/11/2024 mwebb@cityofredding.org btippin@cityofredding.org SUBJECT: 4.11(a) --Adopt Budget Resolution Appropriating Funds for the Enterprise Anderson Groundwater Sustainability Agency. Recommendation Approve and authorize the following for the Enterprise Anderson Groundwater Sustainability Agency: (1) Approve the use of Water Utility Funds to provide initial funding and receive reimbursement including interest from Department of Water Resources and Enterprise Anderson Groundwater Sustainability Agency member agencies; (2) Accept Sustainable Groundwater Management Act Implementation grant funds; (3) Adopt Resolution approving the 35th Amendment to City of Redding Budget Resolution No. 2023-060 appropriating $2,383,700 in funds; and (4) Find this activity statutorily exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15262 — Feasibility and Planning Studies. Fiscal Impact There is no direct cost associated with the adoption of a budget resolution appropriating grant funding for the Enterprise Anderson Groundwater Sustainability Agency (EAGSA). The Sustainable Groundwater Management Act (SGMA) Implementation Grant (Grant) award is in the amount of $2,383,700. The Finance Department has set up a separate fund to manage the EAGSA finances accordingly. All administrative costs are included in this round of the SGMA Grant funding. The grant funds are received on a reimbursement basis. The City of Redding (City) will submit quarterly invoices to the Department of Water Resources (DWR) and it is estimated that reimbursement will be received within two to four months. Because the grant is allocated on a reimbursement basis, the City's Water Utility will provide initial funding and receive reimbursement from DWR. The EAGSA member agencies will reimburse interest at the City's pooled cash rate for the time between expenditure and reimbursement. Report to Redding City Council March 12, 2024 Re: 4.11(a) --Adopt Budget Resolution to Appropriate EAGSA Grant Funds Page 2 Alternative Action The City Council (Council) may choose not to adopt the budget resolution appropriating the DWR grant funding award for the EAGSA. This would cause each member agency to have to contribute one sixth of the costs to implement the requirements set forth by DWR under the SGMA. The EAGSA Memorandum of Understanding includes equal cost sharing amongst all partners at a rate of 16.7 percent of the agency related costs. The Council may choose not to adopt the budget resolution appropriating grant funding for the EAGSA and provide alternative direction to staff. The total cost of not adopting the budget resolution would be $397,283 to the Water Utility. Background/Analysis In September 2014, Governor Brown signed a three -bill package known as the SGMA. The intent of the act is to provide a framework for sustainable, local groundwater management. The act requires that groundwater basins in California that have been identified by the DWR as either medium or high priority basins to be managed by a Groundwater Sustainability Plan (GSP). The act allows these basins to be managed locally by local agencies that sit on these basins by forming one or multiple Groundwater Sustainability Agencies (GSRs). The Enterprise and Anderson Subbasins of the Redding Area Groundwater Basin have been identified by DWR as medium priority basins and, therefore are subject to the SGMA and related GSA and GSP requirements. The overlying members of the Redding Area Groundwater Basin (the City of Anderson, Anderson -Cottonwood Irrigation District, Bella Vista Water District, Clear Creek Community Services District, the City of Redding and the County of Shasta) formed the EAGSA and designated the City of Redding as the fiscal agent. The City received a fully executed Grant Agreement for funding in the amount of $2,383,700 from the SGMA Implementation Grant on February 14, 2024. Environmental Review Staff has reviewed the action and determined that it is statutorily exempt from review under the California Environmental Quality Act Guidelines, pursuant to Section 15262 — Feasibility and Planning Studies. The exemption applies to projects involving only feasibility or planning for possible future actions. The SGMA Implementation efforts will involve data collection and identification of potential future projects or actions: however, this activity will not have a legally binding effect on later activities and implementation of any future project or action would be subject to the requirements of CEQA. This action has no potential to have a significant effect on the environment. Council Priority/City Manager Goals • Government of the 21st Century — `Be relevant and proactive to the opportunities and challenges of today's residents and workforce. Anticipate the future to make better decisions today. • Budget and Financial Management — "Achieve balanced and stable 10 -year Financial Plans for all funds." Report to Redding City Council March 1Z 2024 Re: 4.11(a) --Adopt Budget Resolution to Appropriate EAGSA Grant Funds Page 3 Attachments ^Resolution ^Notice of Exemption SGMA Implementation Grant Agreement RESOLUTION NO. 2024- A RESOLUTION OF THE CITY OF REDDING APPROVING AND ADOPTING THE 35TH AMENDMENT TO CITY BUDGET RESOLUTION NO. 2023-060 APPROPRIATING $2,383,700 IN STATE GRANT FUNDING FOR THE ENTERPRISE AND ANDERSON SUB -BASIN SUSTAINABLE GROUNDWATER MANAGEMENT PROJECT FOR FISCAL YEAR 2023-2024 BE IT RESOL VED BY THE CITY COUNCIL OF THE CITY OF REDDING THAT Budget Resolution No. 2023-060 be and is hereby amended as follows: DIVISION 5421 INCREASE DECREASE $2,3S3,7UU THAT account titles and numbers requiring adjustments by this Resolution are as follows: Increase (Decrease) Revenue 421-5421-3623201-00000 Increase Expenditures LPAIK,I N s![Q3=0011I11 State Grant Operating- Fiduciary/Custodial Funds State Operating Grant Activities - Other Total USE SOURCE OF FUNDS OF FUNDS $ 2,383,700 S 2.383.700 $ 2,383,700 $ 2,383,700 THAT the purpose is to appropriate $2,383,700 in State grant funding for the Enterprise and Anderson Sub -basin Sustainable Groundwater Management project for the fiscal year 2023- 2024. I HEREBY CERTIFY that the foregoing resolution was introduced at a regular meeting of the City Council of the City of Redding on the 19th day of March, 2024, and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: SHARLENE TIPTON, City Clerk TENESSA AUDETTE, Mayor CHRISTIAN M. CURTIS, City Attorney TO: El Office of Planning and Research FROM: City of Redding 1400 Tenth Street, Room 121 Public Works Department Sacramento, CA 95814 777 Cypress Avenue Redding, CA 96001 El Shasta County Clerk County of Shasta P.O. Box 990880, 1643 Market Street Redding, CA 96099-0880 Project Title: Sustainable Groundwater Management Act (SGMA) Implementation Grant Project Location — Specific: Enterprise and Anderson Groundwater Subbasins Project Location — City: Redding_Project Location --County: Shasta Description of Project: The Enterprise -Anderson Groundwater Sustainability Agency (EAGSA) proposes to update Groundwater Sustainability Plans for the Enterprise and Anderson Subbasins. The plans will be implemented using grant funds administered by the California Department of Water Resources. The plans will allow local Groundwater Sustainability Agencies (GSA) to further develop management strategies that provide for long-term sustainability of the Enterprise and Anderson Subbasins by avoiding conditions that would adversely affect the availability and quality of groundwater in the Redding Area Groundwater Basin. Work will include public outreach, data collection and analysishydrogeologic conceptual model (HC) updates, continued numerical groundwater flow modeling, water budget updates, network development, identification of potential projects and management actions, and plan preparation. Name of Public Agency Approving Project: City of Redding Name of Person or Agency Carrying Out Project: Josh Watkins, Water Utility Manager Exempt Status: (check one) 0 Ministerial [Section 21080(b)(1); 15268] El Declared Emergency [Section 21080(b)(3); 15269(a)] 0 Emergency Project [Section 21080(b)(4); 15269(b)] El Statutory Exemptions. State code number: Section 15262 — Feasibility and Planning Studies 0 Common Sense Exemption (This project does not fall within an exempt class, but it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment (14 CCR 15061 [b][3]). 0 Categorical Exemption. State type and section number: 0 No exceptions apply that would bar the use of a categorical exemption (PRD 21084 and 14 CCR 15300.2). Reasons why project is exempt: The exemption applies to projects involving only feasibility or planning for possible future actions. The SGMA Implementation efforts will involve data collection and identification of potential future projects or actions: however, this activity will not have a legally binding effect on later activities and implementation of any future project or action would be subject to the requirements of CEQA. This action has no potential to have a significant effect on the environment. Lead Agency Contact Person: Amber Kelley Telephone: 530.225.4046 If Filed by Applicant: 1. Attach certified document of exemption finding. 2. Has a notice of exemption been filed by the public agency approving the project? 0 Yes o No "I SignatureDate: Title: Environmental Compliance M a �er El Signed by Lead Agency Date received for filing at OPR: 0 Signed by Applicant CF( -)A \iIC)I---' rov (IiIA11 DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND CITY OF REDDING (ON BEHALF OF THE ENTERPRISE ANDERSON GROUNDWATER SUSTAINABILITY AGENCY (EAGSA)) AGREEMENT NUMBER 4600015648 SUSTAINABLE GROUNDWATER MANAGEMENT ACT (SGMA) IMPLEMENTATION GRANT THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or "DWR" and the City of Redding on behalf of the Enterprise Anderson Groundwater Sustainability Agency (EAGSA) in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows: 1. PURPOSE. The State shall provide funding from the Budget Acts of 2021 and 2022 (Stats. 2021, ch. 240, § 80; Stats. 2022, ch. 43, § 2), and Public Resources Code section 80146 et seq. (Proposition 68) to the Grantee to assist in financing the EAGSA Sustainable Groundwater Management Grant Project (Project). By executing this Agreement, the Grantee certifies that the purpose of the Project is to implement SGMA as outlined in the Grantee's Groundwater Sustainability Plan (GSP) or Alternative to a GSP. The provision of State funds pursuant to this Agreement shall not be construed or interpreted to mean that the GSP or Alternative to GSP, or any components of the GSP, implemented in accordance with the Work Plan as set forth in Exhibit A will be: adopted by the applicable Groundwater Sustainability Agency (GSA); obtain the necessary desirable results of Sustainable Management Criteria; or, meet all of the evaluation and assessment criteria when submitted to DWR as required by the SGMA and implementing regulations. 2. TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on JANUARY 1, 2024, and ends three (3) years following the final payment unless otherwise terminated or amended as provided in this Agreement. However, all work shall be completed by MARCH 31, 2026, and no funds may be requested after APRIL 15, 2026. 3. GRANT AMOUNT. The maximum amount payable by the State under this Agreement shall not exceed $2,383,700. Any additional costs are the responsibility of the Grantee. 4. BASIC CONDITIONS. The State shall have no obligation to disburse money for the Project under this Grant Agreement until the Grantee has satisfied the following conditions: A. The Grantee must demonstrate compliance with all eligibility criteria set forth on Pages 7 through 13 of the SGM Grant Program 2021 Guidelines, amended April 2023 (2021 Guidelines). B. For the term of this Grant Agreement, the Grantee submits Quarterly Progress Reports, associated quarterly invoices, and all invoice backup documentation no later than sixty (60) days following the end of the calendar quarter (e.g. submitted by May 30th, August 29th, November 29th, and February 28th) and all other deliverables as required by Paragraph 11, "Submission of Reports" and Exhibit A, "Work Plan". C. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State: i. Final plans and specifications certified by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A, "Work Plan" of this Grant Agreement. ii. Work that is subject to the California Environmental Quality Act (CEQA) process and/or environmental permitting shall not proceed under this Grant Agreement until the following actions are performed: a. The Grantee submits to the State all applicable environmental permits as indicated on the Environmental Information Form (EIF) to the State, b. Documents that satisfy the CEQA process are received by the State, c. The State has completed its CEQA compliance review as a Responsible Agency, and DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 2 of 43 d. The Grantee receives written concurrence from the State of Lead Agency's CEQA document(s) and State notice of verification of environmental permit submittal. The State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project or to require changes, alterations, or other mitigation. The Grantee must also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/implementation. iii. A monitoring plan as required by Paragraph 13, "Project Monitoring Plan Requirements." 5. DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non-interest bearing account and shall be used solely to pay Eligible Project Costs. 6. ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B, "Budget." Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related to the Project included in this Agreement. Work performed on the Project after OCTOBER 4, 2022, shall be eligible for reimbursement. Costs that are not eligible for reimbursement include, but are not limited to the following items: A. Costs for preparing and filing a grant application and/or spending plan. B. Costs associated with the formation of a GSA(s) or other board formation that is responsible for implementing SGMA. C. Operation and maintenance costs, including post construction performance and monitoring costs. D. Purchase of equipment not an integral part of a project. E. Establishing a reserve fund. F. Purchase of water supplies. G. Replacement of existing funding sources. H. Travel and per diem costs, except for mileage. I. Support of existing agency requirements and mandates. J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibility studies, or acquisition of land by eminent domain. K. Meals, food items, or refreshments. L. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 3 of 43 M. Overhead and indirect costs: "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee; non -project -specific accounting and personnel services performed within the Grantee's organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non -project -specific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee and any subcontract or sub -agreement for work on the Project that will be reimbursed pursuant to this Agreement. 7. METHOD OF PAYMENT. After the disbursement requirements in Paragraph 4, "Basic Conditions" are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee via US mail or Express mail delivery of a "wet signature" invoice or an electronic invoice certified and transmitted via DocuSign for costs incurred and timely Quarterly Progress Reports as required by Paragraph 11, "Submission of Reports." Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Invoices must accompany a Quarterly Progress Report and shall be submitted within no later than sixty (60) days following the end of the calendar quarter (e.g. submitted by May 30th, August 29th, November 29th, and February 28th). The State will notify the Grantee, in a timely manner, whenever, upon review of an Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs. Invoices submitted by the Grantee shall include the following information: A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice. If backup documentation provided is outside of the period identified in the particular invoice, the Grantee must provide justification within the associated Quarterly Progress Report and note the discrepancy on the Invoice Submittal Summary Sheet. B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project. C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements: Invoices must contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices must be itemized based on the categories (i.e., tasks) specified in Exhibit B, "Budget." The amount claimed for salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, time sheets) must be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State's funding amount, as depicted in Paragraph 3, "Grant Amount." Original signature and date (in ink) of the Grantee's Project Representative. Submit the original "wet signature" copy of the invoice form to the following address: William Ehorn at 2440 Main Street, Red Bluff, CA 96080 or an electronic signature certified and transmitted via DocuSign from authorized representative to William Ehorn at William.Ehorn@water.ca.gov. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 4 of 43 All invoices submitted shall be accurate and signed under penalty of law. Any, and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs/cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Paragraph D.5 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 487-489.) 8. WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 9, "Default Provisions," the portion that has been disbursed shall thereafter be repaid immediately at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee's refusal to repay the requested disbursed amount a contract breach subject to the default provisions in Paragraph 9. If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 9. DEFAULT PROVISIONS. The Grantee will be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee's obligations; i. Making any false warranty, representation, or statement with respect to this Grant Agreement or the application filed to obtain this Grant Agreement; ii. Failure to operate or maintain the Project in accordance with this Grant Agreement. iii. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.S. iv. Failure to submit quarterly progress reports pursuant to Paragraph 4. V. Failure to routinely invoice the State pursuant to Paragraph 7. vi. Failure to meet any of the requirements set forth in Paragraph 10, "Continuing Eligibility." vii. A determination pursuant to Government Code section 11137 that the Grantee has violated any of the following: Government Code sections 11135 or 12960 et seq.; Civil Code sections 51- 54.2, inclusive; or any regulations adopted to implement these sections. B. Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first-class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: i. Declare the funding be immediately repaid, with interest, which shall be equal to the State of California general obligation bond interest rate in effect at the time of default. ii. Terminate any obligation to make future payments to the Grantee. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 5 of 43 iii. Terminate the Grant Agreement. iv. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs. 10. CONTINUING ELIGIBILITY. The Grantee must meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2021 Guidelines, amended April 2023, to remain eligible to receive State funds: A. The Grantee must continue to demonstrate eligibility and the groundwater basin must continue to be an eligible basin as outlined in the 2021 Guidelines, amended April 2023, and 2021 PSP. B. Grantee must adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406) for data sharing, transparency, documentation, and quality control. C. If the Grantee diverting surface water, the Grantee must maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et seq. D. If applicable, maintain compliance with the Urban Water Management Planning Act (Wat. Code, § 10610 et seq.). E. If applicable, maintain compliance with Sustainable Water Use and Demand Reduction requirements outlined in Water Code Section 10608, et seq. F. On March 4, 2022, the Governor issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. The EO may be found at: https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order. pdf. "Economic Sanctions" refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under State law. The EO directs DWR to terminate funding agreements with, and to refrain from entering any new agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine that the Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this Agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 11. SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State's Grant Manager, and shall be submitted via DWR's "Grant Review and Tracking System" (GRanTS), or an equivalent online submittal tool. If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F, "Report Formats and Requirements." The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State, of a Project Completion Report is a requirement for the release of any funds retained for such project. A. Quarterly Progress Reports: The Grantee shall submit Quarterly Progress Reports to meet the State's requirement for disbursement of funds. Quarterly Progress Reports shall be uploaded via GRanTS, or an equivalent online submittal tool, and the State's Grant Manager notified of upload. Quarterly Progress Reports shall, in part, provide a brief description of the work performed, the Grantees activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Quarterly Progress Report should be submitted to the State no later than APRIL 30, 2024 with future reports then due on successive three-month increments based on the invoicing schedule and this date. The DWR DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 6 of 43 Grant Manager will provide a Quarterly Progress Report template that shall be used for the duration of the Agreement. B. Groundwater Sustainability Plan or Alternative: The Grantee shall ensure that any updates to the GSP or Alternative shall be formatted, drafted, prepared, and completed as required by the GSP Regulations, and in accordance with any other regulations or requirements that are stipulated through SGMA. C. Component Completion Report(s): The Grantee shall prepare and submit to the State a separate Component Completion Report for each component included in Exhibit A, "Work Plan". The Grantee shall submit a Component Completion Report within ninety (90) calendar days of component completion. Each Component Completion Report shall include, in part, a description of actual work done, any changes or amendments to each component, and a final schedule showing actual progress versus planned progress, copies of any final documents or reports generated or utilized during a project. The Component Completion Report shall also include, if applicable, certification of final component by a California Registered Civil Engineer (or equivalent registered professional as appropriate), consistent with Standard Condition D.18, "Final Inspections and Certification of Registered Civil Engineer". A DWR "Certification of Project Completion" form will be provided by the State. D. Grant Completion Report: Upon completion of the Project included in Exhibit A, "Work Plan" the Grantee shall submit to the State a Grant Completion Report. The draft Grant Completion Report shall be submitted to the DWR Grant Manager for comment and review 90 days before the work completion date outlined on Page 1, Paragraph 2. The final Grant Completion Report shall address the DWR Grant Manager's comments prior to the work completion date. The report shall be prepared and presented in accordance with the provisions of Exhibit F, "Report Formats and Requirements". Retention for the project to be completed as part of this Grant Agreement will not be disbursed until the Grant Completion Report is submitted and approved by the State. E. Post Performance Reports: the Grantee shall submit Post Performance Reports. Post Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the completed project begins operation. F. Deliverable Due Date Schedule: The Grantee shall submit a Deliverable Due Date Schedule within 30 days of the execution date of the Grant Agreement. No invoices will be reviewed or processed until the Deliverable Due Date Schedule has been received by the DWR Grant Manager. Any edits to the schedule must be approved by the DWR Grant Manager and the revised schedule saved in the appropriate project files. G. Environmental Information Form (EIF): Prepare and submit the EIF within 30 -days of the execution date of the Grant Agreement. No invoices will be reviewed or processed until the EIF has been received by the DWR Grant Manager. 12. OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, "useful life" means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and "maintenance costs" DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 7 of 43 include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal of the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 9, "Default Provisions." 13. PROJECT MONITORING PLAN REQUIREMENTS. As required in Exhibit A, "Work Plan", a Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post Performance Monitoring Report requirements as defined and listed in Exhibit J, "Monitoring and Maintenance Plan Components". The SGM Grant Program has developed post construction monitoring methodologies that shall be used for the Post Performance Reporting. 14. NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items: A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget. B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State's representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event. C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the State. D. The initiation of any litigation or the threat of litigation against the Grantee regarding the Project or that may affect the Project in any way. E. For implementation/construction Projects, final inspection of the completed work on a project by a Registered Civil Engineer, in accordance with Standard Condition D.18, "Final Inspections and Certification of Registered Civil Engineer." The Grantee shall notify the State's Grant Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 15. NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means: A. By delivery in person. B. By certified U.S. mail, return receipt requested, postage prepaid. C. By "overnight" delivery service; provided that next -business -day delivery is requested by the sender. D. By electronic means. E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U. S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the below addresses. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. DoouSignEnvelope ID: B94CD9D3-38OC-4200-9184-31OC24SECCn2 Grant Agreement No. 4000015048 Page 8 of 43 18. PERFORMANCE EVALUATION. Upon completion ofthis Grant Agreement, the Grantee's performancewiU be evaluated by the State and a copy of the evaluation will beplaced inthe State file and ucopy sent to the Grantee. 17. PROJECT REPRESENTATIVES. The Project Representativesduring the term ofthis Grant Agreement are as follows: Department of Water Resources Arthur Hinojosa Manager, Division ofRegional Assistance P.O.Box 942838 Sacramento, CA94238-0001 Phone: (910)SO2-O713 Email: Arthur. HinoiosainQwLgjtegLr.�g� Direct all inquiries to the Grant Manager: Department 0fWater Resources VV|Ui@Dl EhOOl EDgiOHBhDg Geologist, P.O.Box 942830 Sacramento, CA9423O-OOO1 Phone: (53O)515-1Q3U Email: William. Ehorn 5w2a1tegLr.2c2,g2v City of Redding (on behalf ofthe Josh Watkins Water Utility Manager, City OfRedding PC}Box 480071 Redding CA, S0O49 Phone: (53O)224-8O4O Email: jwatkinsj2cityofreddin_q.org City ofRedding (on behalf ofthe EAGSA\ Brandon Bishop Water Conservation Specialist, P{)Box 490O71 Redding CA, 90049 Phone: (53O)224-0032 E[D8i|:' Either party may change its Grant Manager, Project Representative,orProject Manager upon written DoouSignEnvelope ID: B94CD9D3-38OC-4200-9184-31OC24SECCn2 Grant Agreement No. 4000015048 Page 9 of 43 18. STANDARD PROVISIONS AND INTEGRATION. This Grant Agreement is complete and isthe final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Aon9ennRnt by this reference: Exhibit A— Work Plan ExhibitB—BudQet Exhibit C— Schedule Exhibit O—Standard Conditions Exhibit E—Authorizing Resolution Accepting Funds Exhibit F— Report Formats and Requirements Exhibit G— Requirements for Data Submittal Exhibit H— State Audit Document Requirements Exhibit I— Project Location Exhibit J— Monitoring and Maintenance Plan Components Exhibit K—AppnaiGa|QpHCifiCubVnG Exhibit L— Information Needed for Escrow Process and Closure EXhibi{yN—|OVOiCe Guidance for Administrative and Overhead Charges DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 10 of 43 IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES Arthur Hinojosa Manager, Division of Regional Assistance Date 2/14/2024 Approved as to Legal Form and Sufficiency ra�Ai l ,t,V b6 for Robin Brewer Assistant General Counsel, Office of the General Counsel Date 2/14/2024 °�04- a ho- CITY OF REDDING (ON BEHALF OF THE EAGSA) 1ST, Milo"S Josh Watkins Water Utility Manager Date 2/9/2024 DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 11 of 43 Exhibit A WORK PLAN Project Title: EAGSA Sustainable Groundwater Management Grant Project Project Description: The Work Plan includes activities associated with planning, development, and preparation of a GSP for the EAGSA. The resulting GSP will incorporate appropriate Best Management Practices (BMPs) as developed by DWR and will result in a more complete understanding of the groundwater subbasin to support long-term sustainable groundwater management. The Project also consists of installing a minimum of fourteen monitoring wells for identifying data gaps in optimizing the existing monitoring network in relation to development of the GSP. The Work Plan includes three Components: Component 1: Grant Agreement Administration Component 2: GSP Implementation and Planning Component 3: Hydrogeologic Conceptual Model (HCM) Improvements COMPONENT 1: GRANT ADMINISTRATION Category (a): Grant Agreement Administration Prepare reports detailing work completed during reporting period as outlined in Exhibit F, "Report Formats and Requirements" of this Agreement. Progress Reports will include sufficient information for the DWR Grant Manager to understand and review backup documentation submitted with invoices. Quarterly invoices will accompany the Quarterly Progress Reports and should be submitted to the DWR Grant Manager for review to receive reimbursement of Eligible Project Costs. Collect and organize backup documentation by component, budget category, and task and prepare a summary Excel document detailing contents of the backup documentation organized by component, budget category, and task. Prepare and submit the Environmental Information Form (EIF) within 30 days of the execution date of the Grant Agreement. No invoices will be reviewed or processed until the EIF has been received by the DWR Grant Manager. Submit a deliverable due date schedule within 30 days of the execution date of the Grant Agreement to be reviewed and approved by the DWR Grant Manager. Any edits to the schedule must be approved by the DWR Grant Manager and the revised schedule saved in the appropriate project files. Prepare the Draft Grant Completion Report and submit to the DWR Grant Manager for comment and review 90 days before the work completion date. DWR's Grant Manager will review the Draft Grant Completion Report and provide comments and edits within 30 days of receipt, when possible. Submit a Final Grant Completion Report addressing the DWR Grant Manager's comments prior to the work completion date. The report shall be prepared and presented in accordance with the provisions of Exhibit F, "Report Formats and Requirements" and approved by the DWR Grant Manager within 30 days after the work completion date. All deliverables listed within the Work Plan shall be submitted with the Final Grant Completion Report unless a new deliverable due date was approved by the DWR Grant Manager. Deliverables: • EIF • Deliverable due date schedule • Quarterly Progress Reports, Quarterly Invoices, and all required backup documentation • Draft and Final Grant Completion Reports COMPONENT 2: GSP IMPLEMENTATION AND PLANNING Component 2 includes activities associated with the planning, development, and construction of GSP Implementation and Planning. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 12 of 43 Category (a): Component Administration Prepare reports detailing component work completed during reporting period as outlined in Exhibit F, "Report Formats and Requirements" of this Agreement, for inclusion in Component 1 Quarterly Progress Reports. Quarterly Progress Reports will include sufficient information for the DWR Grant Manager to understand and review backup documentation submitted with invoices. Quarterly invoices will accompany the Quarterly Progress Reports. Collect and organize backup documentation by the Component 2 budget category and task and prepare a summary Excel document detailing contents of the backup documentation organized by task. Prepare the Draft Component Completion Report and submit it to the DWR Grant Manager for comment and review 90 days before the work completion date for the component. DWR's Grant Manager will review the Draft Component Completion Report and provide comments and edits within 30 days of receipt, when possible. Submit a Final Component Completion Report addressing the DWR Grant Manager's comments within 30 days before the work completion date. The report shall be prepared and presented in accordance with the provisions of Exhibit F, "Report Formats and Requirements" and approved by the DWR Grant Manager within 30 days after the work completion date. All deliverables listed within the Work Plan shall be submitted with the Final Component Completion Report unless a new deliverable due date was approved by the DWR Grant Manager. Deliverables: • Component reporting to be included in Quarterly Progress Reports and Invoices • Draft and Final Component Completion Reports • Post -performance Report Category (b): Environmental / Engineering / Design Prepare Annual Reports for water years 2023 through 2025 to include the following elements consistent with Article 7 of the GSP regulations. Prepare the draft 5 -Year Update of the GSP. Update the GSP and/or address comments for years 2022, 2023, 2024, 2025, as necessary or required by DWR. Deliverables: • Annual Reports for Water Years 2023, 2024, and 2025 • Draft GSP 5 -Year Update • Updates and/or address comments for GSP Category (c): Implementation / Construction Not applicable to this Project. Category (d): Monitoring / Assessment Not applicable to this Project. Category (e): Engagement / Outreach Task 1: Local Coordination Coordinate with public regarding outreach, including opportunities for engagement during GSP implementation. Maintain the EAGSA website as the primary communication tool for SGMA-related content, monitoring data, reports, and meeting information. Distribute announcements of GSA Board meetings, other GSP-related meetings, and SGP -related workshops via email to recipients included in the interested parties list, which will be maintained and updated as needed during GSP implementation. Host annual public workshops to present findings from each annual report. Encourage nonprofit, nongovernmental organizations, and state and federal agencies to participate in public meetings to discuss opportunities to improve the understanding of the saltwater -freshwater interface study, groundwater dependent ecosystems (GDEs), and potential depletions of interconnected surface water. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 13 of 43 Deliverables: • Screen shots of updates to EAGSA website • Outreach materials / Workshop material(s) • Meeting notes from board meeting(s) Task 2: Regional Coordination Coordinate at the regional level and perform technical work toward refining the Sustainable Management Criteria (SMCs) for Undesirable Result Six (UR 6) — Depletion of interconnected surface water. Collaborate with GSAs within the larger Sacramento Valley Basin to address UR 6 for annual reporting and five-year updates. Address expected DWR comments on Sacramento Valley GSPs related to the technical support for the use of groundwater levels as proxies for measurable objectives and minimum thresholds in GSPs. Deliverables: • Technical Memo — Refining SMCs for UR 6 COMPONENT 3: HCM IMPROVEMENTS Work under this component includes activities associated with the planning, development, and construction of HCM improvements. Category (a): Component Administration Prepare reports detailing component work completed during reporting period as outlined in Exhibit F, "Report Formats and Requirements" of this Agreement, for inclusion in Component 1 Quarterly Progress Reports. Quarterly Progress Reports will include sufficient information for the DWR Grant Manager to understand and review backup documentation submitted with invoices. Quarterly invoices will accompany the Quarterly Progress Reports. Collect and organize backup documentation by the Component 3 budget category and task and prepare a summary Excel document detailing contents of the backup documentation organized by task. Prepare the Draft Component Completion Report and submit it to the DWR Grant Manager for comment and review 90 days before the work completion date for the component. DWR's Grant Manager will review the Draft Component Completion Report and provide comments and edits within 30 days of receipt, when possible. Submit a Final Component Completion Report addressing the DWR Grant Manager's comments within 30 days before the work completion date. The report shall be prepared and presented in accordance with the provisions of Exhibit F, "Report Formats and Requirements" and approved by the DWR Grant Manager within 30 days after the work completion date. All deliverables listed within the Work Plan shall be submitted with the Final Component Completion Report unless a new deliverable due date was approved by the DWR Grant Manager. Deliverables: • Component reporting to be included in Quarterly Progress Reports and Invoices • Draft and Final Component Completion Reports • Post -performance Report Category (b): Environmental / Engineering / Design Task 1: Estimated saltwater -freshwater interface depth for Redding Area Groundwater Basin (RAGB) Refine the estimated depths to the saltwater -freshwater interface at the bottom of the RAGB. Acquire and process available information for wells that penetrate the bedrock surface beneath the RAGB. Process the DWR airborne electromagnetic (AEM) data as an additional source of information on the base of the primary aquifer within the RAGB, once it becomes available. Review groundwater modeling data as an additional source of information on the base of the primary aquifer within the RAGB. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 14 of 43 Deliverables: • Technical memorandum describing results of freshwater/saltwater interface study. Task 2: Update EAGSA Model Perform model -related activities to support GSP implementation, that includes, but is not limited to: update modeling software as new versions and/or platforms become available; update the interpreted base of the primary aquifer within the RAGB; replace projected model input values for water years 2019 through 2025 (e.g., precipitation, groundwater pumping, stream inflows, reservoir releases, and diversions) with measured values; update projected precipitation and reference evapotranspiration using appropriate global climate models that become available during GSP implementation; incorporate monitoring data (i.e., groundwater levels and stream flows) that will have become available since the last model update into the model calibration process; recalibrate the model; and evaluate sustainable management criteria and projects and management actions, as needed. Provide updated historical, current, and projected water budgets to include in each 5 -year GSP update report. Deliverables - Technical memorandum documenting re -calibration of RAGB groundwater model. Category (c): Implementation / Construction Task 1: Install shallow/deep monitoring well clusters Install two shallow/deep monitoring well clusters located at the confluence of the major trunk streams in the Subbasin(s) and the Sacramento River, including stilling wells or other stage recording devices. Obtain groundwater level and Sacramento River stage data continuously from the four new monitoring wells and the stilling wells. Collected data at these two new monitoring sites will be valuable in better characterizing the nature and magnitude of surface water/groundwater interaction and how it changes seasonally. Deliverables: Technical memorandum describing installation of shallow/deep monitoring wells and stage recording devices. Boring logs, well construction logs and associated hydrologic information (water levels, etc.) Updated well construction and groundwater elevation data on the SGMA portal monitoring network module. Task 2: Install shallow monitoring wells Install ten shallow monitoring wells, a minimum of five in each subbasin, to improve characterization of hydrogeologic conditions in areas where GDEs have been identified in the GSPs. Collect the depth to water to provide valuable information to determine where GDEs are present, and how groundwater production in these areas may be impacting GDEs seasonally. Deliverables: • Technical memorandum describing installation of shallow monitoring wells. Boring logs, well construction logs and associated hydrologic information (water levels, etc.). Updated well construction and groundwater elevation data on the SGMA portal monitoring network module. Category (d): Monitoring / Assessment Collect groundwater elevation data and Sacramento River stage data continuously to better characterize the nature and magnitude of surface water/groundwater interaction and how it changes seasonally. The depth to water will provide valuable information to determine where GDEs are present, and how groundwater production in these areas may be impacting GDEs seasonally. Estimate the quantity of surface water and groundwater DoouSignEnvelope ID: B94CD9D3-38OC-4200-9184-31OC24SECCn2 Grant Agreement No. 4000015048 Page 15 of 43 leaving the Enterprise and Anderson subbasins, improving our characterization of the overall water budgets of these subbasins by using the calibration target data for the EAGSA Model. De|kxernblpn- ° Technical memorandum describing surfacewater/groundwater interaction and G[}Ea • Proof of data submittal on the SGMA portal monitoring network module. Category (e): Engagement /Outreach DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 16 of 43 Exhibit B BUDGET Grant Title: EAGSA Sustainable Groundwater Management Grant Project Grantee: City of Redding (on behalf of the EAGSA) Component 1: Grant Administration Component serves a need of a DAC, SDAC, Tribe and/or Underrepresented Community? (check all that apply): NDAC, NSDAC, ❑Tribe, and/or NUnderrepresented Community DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 17 of 43 Component 2: GSP Implementation and Planning Component 2 serves a need of a DAC, SDAC, Tribe and/or Underrepresented Community? (check all that apply): ME DAC, Fx1SDAC, DTribe, and/or ME Underrepresented Community Component 3: HCM Improvements Component 3 serves a need of a DAC, SDAC, Tribe and/or Underrepresented Community? (check all that apply): MDAC, NSDAC, ElTribe, and/or MUnderrepresented Community DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 18 of 43 Exhibit C Grant Title: EAGSA Sustainable Groundwater Management Grant Project Categories 4 i f � t t,„r+ t'Y Jr 5 �3`r•.S +, E utt, t' u � '.. i ;:>�Yk a`Y•t }I SrttF�+rk„ ..rttr§4{ Y��,S.}?�{rif�4 itttt, l € i)\>s,7Ufe�k ru�a.�@, tZ��i�: ii, .�sk}Y�.{af �}i,Wd�Z}tar'?ti44c � i t'r}W�k 4.Ft�w2Y�tr,,a9fttm' P�.Fk4.f?t'£skt 7x ,t. Y{e.7 tt {r..77 {� i �,t..?..,»s,�J.fiN�»n„�!��,»..�s,{.fv, �,�, 1„2t..... €4•»�Y,€��.. »t. �, sw t�...,, 3e�t��,..... Start Date t , 43 •v,'• t # f , }{ }4tiYfYsts+�+'f,.��4 r.�tlsi��k F�}. Yt .~#,S,ta@&..Ew, End Date k t r ) # �t{, �ror t irt�r}tr}., rt�4 .s4.}rrrktr}w4u» ktu 7,.. a1 J�?,., �.3.f.,i,�Xr{tn t .P x.t'}m»fr�N;�»}... (a) Component Administration 01/01/2024 04/15/2026 (b) Environmental / Engineering / Design N/A N/A (c) Implementation / Construction N/A N/A (d) Monitoring / Assessment N/A N/A (e) Engagement `/ Outreach rt t {` r 4 t ,tz,i ,. S � II,, �� ': » r t 3 t �S t r t z )U V4 �, 4� (a) Component Administration N/A t ? Y S F ✓.t.». ,.�,, ,, 01/01/2023 N/A ;} 4 03/31/2026 (b) Environmental / Engineering / Design 01/01/2023 03/31/2026 (c) Implementation / Construction N/A N/A (d) Monitoring / Assessment N/A N/A (e) Engagement / Outreach ,.2,. �' 'P�i r Mt atni�tr }Y�� ��r 4 �� i4 ,t,:t F {,, tr st r{ is {t {S} { { t } stF} �i i i {S} { { t } s r+fit h, ; }?t tt {$�f �t€ £ 01/01/2023 t i d'+k��.,� J t'�} si��i�{t E {€}S 03/31/2026 tJ1Ft �•�l�kx`R#14S;�tt�� t)}At�`��, }}` �`� (a) Component Administration 01/01/2023 03/31/2026 (b) Environmental / Engineering / Design 01/01/2023 01130/2026 (c) Implementation / Construction 04/01/2023 11/01/2025 (d) Monitoring /Assessment - 04/01/2023 03/31/2026 (e) Engagement / Outreach NIA N/A NOTES: 'Exhibit C Schedule only dictates the work start date and the work end date for the Budget Category listed. The Grantee must adhere to the Deliverable Due Date Schedule that has been approved by the DWR Grant Manager. The dates listed in Exhibit C Schedule are date ranges that correlates to the Deliverable Due Date Schedule. Eligible costs for each line item will only be approved if the work completed falls within the date ranges listed in Exhibit C. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 19 of 43 1:M 1111PTI STANDARD CONDITIONS D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT: A. Separate Accounting of Funding Disbursements: the Grantee shall account for the money disbursed pursuant to this Grant Agreement separately from all other Grantee funds. The Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. The Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. The Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by the State at any and all reasonable times. B. Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be deposited in a non-interest bearing account, administered, and accounted for pursuant to the provisions of applicable law. C. Remittance of Unexpended Funds: The Grantee shall remit to the State any unexpended funds that were disbursed to the Grantee under this Grant Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from the State to the Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant Agreement, whichever comes first. D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: The Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee's headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from The California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 and through an agreement with the State Department of Water Resources." The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. D.3. AMENDMENT. This Grant Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2, "Term of Grant Agreement." Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2, "Term of Grant Agreement." The State shall have no obligation to agree to an amendment. DA. AMERICANS WITH DISABILITIES ACT. By signing this Grant Agreement, the Grantee assures the State that it complies 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. D.S. AUDITS: The State reserves the right to conduct an audit at any time between the execution of this Grant Agreement and the completion of the Project, with the costs of such audit borne by the State. After completion of the Project, the State may require the Grantee to conduct a final audit to the State's specifications, at the Grantee's expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by the Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and the State may elect to pursue any remedies provided in Paragraph 9, "Default Provisions" or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 20 of 43 Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant Agreement with respect of all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of the Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement. If an audit reveals any impropriety, the Bureau of State Audits or the State Controller's Office may conduct a full audit of any or all of the Grantee's activities. (Pub. Resources Code, § 80012, subd. (b).) D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Grant Agreement does not appropriate sufficient funds for this program, this Grant Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State to make any payments under this Grant Agreement. In this event, the State shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Grant Agreement and the Grantee shall not be obligated to perform any provisions of this Grant Agreement. Nothing in this Grant Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant Agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Grant Agreement with no liability occurring to the State, or offer a Grant Agreement amendment to the Grantee to reflect the reduced amount. D.7. CALIFORNIA CONSERVATION CORPS: The Grantee may use the services of the California Conservation Corps or other community conservation corps as defined in Public Resources Code section 14507.5. D.B. CEQA: Activities funded under this Grant Agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the DWR Grant Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once the State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 9, "Default Provisions." D.9. CHILD SUPPORT COMPLIANCE ACT. The Grantee acknowledges in accordance with Public Contract Code section 7110, that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. D.10. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee's knowledge of the claim. The State and the Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 21 of 43 D.11. COMPETITIVE BIDDING AND PROCUREMENTS: The Grantee's contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by the State under this Grant Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services' State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Pape-Content/Office-of-Legal-Services- Resources-List-Folder/State-Contracting. D.12. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws. D.13. CONFLICT OF INTEREST. All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services. B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve- month period prior to his or her leaving State service. C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes. D.14. DELIVERY OF INFORMATION, REPORTS, AND DATA: The Grantee agrees to expeditiously provide throughout the term of this Grant Agreement, such reports, data, information, and certifications as may be reasonably required by the State. D.15. DISPOSITION OF EQUIPMENT. The Grantee shall provide to the State, not less than 30 calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by the State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within 60 calendar days of receipt of such inventory the State shall provide the Grantee with a list of the items on the inventory that the State will take title to. All other items shall become the property of the Grantee. The State shall arrange for delivery from the Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by the State. D.16. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Grant Agreement, the Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 22 of 43 the laws of the State of California, compliance with the requirements of the Drug -Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355. B. Establish a Drug -Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following: i. The dangers of drug abuse in the workplace, ii. The Grantee's policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Grant Agreement: i. Will receive a copy of the Grantee's drug-free policy statement, and ii. Will agree to abide by terms of the Grantee's condition of employment, contract or subcontract. D.17. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property already owned in fee by the Grantee using State funds provided through this Grant Agreement, an appropriate easement or other title restriction shall be provided and approved by the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State. Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner. Failure to provide an easement or other title restriction acceptable to the State may result in termination of this Agreement. D.18. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion of the Project, the Grantee shall provide for a final inspection and certification by a California Registered Civil Engineer that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant Agreement. D.19. GRANTEE'S RESPONSIBILITIES: The Grantee and its representatives shall: A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A, "Work Plan" and in accordance with Project Exhibit B, "Budget" and Exhibit C, "Schedule." B. Must maintain eligibility requirements as outlined in the 2021 Guidelines, amended April 2023, and 2021 PSP and pursuant to Paragraph 10. C. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Grant Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by the Grantee in the application, documents, amendments, and communications filed in support of its request for funding. D. Comply with all applicable California, federal, and local laws and regulations. E. Implement the Project in accordance with applicable provisions of the law. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 23 of 43 F. Fulfill its obligations under the Grant Agreement and be responsible for the performance of the Project. G. Obtain any and all permits, licenses, and approvals required for performing any work under this Grant Agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. The Grantee shall provide copies of permits and approvals to the State. H. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by the State is solely for the purpose of proper administration of funds by the State and shall not be deemed to relieve or restrict responsibilities of the Grantee under this Agreement. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work. D.20. GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. D.21. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this paragraph. D.22. INDEMNIFICATION: The Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, and any breach of this Agreement. The Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement. D.23. INDEPENDENT CAPACITY: The Grantee, and the agents and employees of the Grantees, in the performance of the Grant Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. D.24. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Grant Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant Agreement. Failure or refusal by the Grantee to comply with this provision shall be considered a breach of this Grant Agreement, and the State may withhold disbursements to the Grantee or take any other action it deems necessary to protect its interests. D.25. INSPECTIONS OF PROJECT BY STATE: The State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant Agreement. This right shall extend to any subcontracts, and the Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant Agreement with the State. D.26. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 24 of 43 For more information, please refer to DIR's Public Works Manual at: http://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision. D.27. MODIFICATION OF OVERALL WORK PLAN: At the request of the Funding Recipient, the State may at its sole discretion approve non -material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Funding Agreement. Non -material changes with respect to work plan are changes that help clarify the original language, addition of task without deleting others, and minor edits that will not result in change to the original scope. Non -material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Agreement. Non -material changes with respect to the Project schedule are changes that will not extend the term of this Funding Agreement. Requests for non -material changes to the budget and schedule must be submitted by the Funding Recipient to the State in writing and are not effective unless and until specifically approved by the State's Program Manager in writing. D.28. NONDISCRIMINATION: During the performance of this Grant Agreement, the Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital status, and denial of medial and family care leave or pregnancy disability leave. The Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. The Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant Agreement. D.29. OPINIONS AND DETERMINATIONS: Where the terms of this Grant Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable. D.30. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California -admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.31. PRIORITY HIRING CONSIDERATIONS: If this Grant Agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant Agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353. D.32. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 25 of 43 whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with the Grantee's service of water, without prior permission of the State. The Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of the Grantee meet its obligations under this Grant Agreement, without prior written permission of the State. The State may require that the proceeds from the disposition of any real or personal property be remitted to the State. D.33. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement. D.34. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement. D.35. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant Agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. D.36. RETENTION: The State shall withhold ten percent (10%) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final Report is approved. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. D.37. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant Agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to the State for financial support. The Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose. D.38. SEVERABILITY: Should any portion of this Grant Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant Agreement shall continue as modified. D.39. SUSPENSION OF PAYMENTS: This Grant Agreement may be subject to suspension of payments or termination, or both if the State determines that: A. The Grantee, its contractors, or subcontractors have made a false certification, or B. The Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant Agreement. D.40. SUCCESSORS AND ASSIGNS: This Grant Agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant Agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by the State and made subject to such reasonable terms and conditions as the State may impose. D.41. TERMINATION BY THE GRANTEE: Subject to State approval which maybe reasonably withheld, the Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, the Grantee must provide a reason(s) for termination. The Grantee must submit all progress reports summarizing accomplishments up until termination date. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 26 of 43 D.42. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 9, "Default Provisions," the State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 9, "Default Provisions." D.43. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days' advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination. D.44. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein. D.45. TIMELINESS: Time is of the essence in this Grant Agreement. D.46. UNION ORGANIZING: The Grantee, by signing this Grant Agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Grant Agreement. Furthermore, the Grantee, by signing this Grant Agreement, hereby certifies that: A. No State funds disbursed by this Grant Agreement will be used to assist, promote, or deter union organizing. B. The Grantee shall account for State funds disbursed for a specific expenditure by this Grant Agreement to show those funds were allocated to that expenditure. C. The Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program. D. If the Grantee makes expenditures to assist, promote, or deter union organizing, the Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that the Grantee shall provide those records to the Attorney General upon request. D.47. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. D.48. WAIVER OF RIGHTS: None of the provisions of this Grant Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. DoouSignEnvelope ID: B94CD9D3-38OC-4200-9184-31OC24SECCn2 Grant Agreement No. 4000015048 Page 27 of 43 M WAS tO PMO MO. BY TUC FAG.SA WARD OF DMECTOR& �� Prq Any Nr Id of Water k0worces, AMN'Tt BOARD MEMBERS; iG**## OvouSignEnvelope ID: B84CD8D3-38OC4200-9184-31OC24SECCn2 Grant Agreement No. 4600015048 Page 28of43 WHEREAS, on S eptember 16, 2014, Governor Brown signed three bills (SB 1168, SB 1319, aZ AB 1739) into law creating the Sustainable Groundwater Management Act of 2014 ("SGNIA codified at Water Code section 10720 et seq,; and i WHEREAS, the overlying members of the Redding Area Groundwater Basin, (the City of Anderson, Anderson -Cottonwood Irrigation District, Bella Vista Water District, Clear Creek Community Services District, the City of Redding and the County of Shasta) formed the Redding as the fiscal agent; and WHEREAS, the DWR is administering the Sustainable Groundwater ManagenieDt Grant Program to provide funds to GSAs to promote healthy and sustainable groundwater basins, to improving groundwater supply and quality; 1-40W THEREFORE, BE IT RESOLVED, 13Y THE CITY COUNCIL OF THE CITY OF That an application be made to -Ue Viepartmen of -IN -a erAcsources t obtain a grant under the 2021 Sustainable Groundwater Management (SGM) Grant Program SGMA Implementation Grant pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Pub. Resources Code, § 80000, et seq.) and the Budget Acts of 2021 and 2022, Be it further resolved that the City of Redding has the authority and shall enter into a funding agreement with the Department of Water t for the.- EAGSA Sustainable Groundwater Management Gr 2. The Director of Public Works of the City of Redding, or designee, is hereby authorized and directed to prepare the necessary data, conduct investigation, s, file such application, execute a funding agreement and any future amendments thereto, submit invoices, and submit any reporting requirements with the Department of Water Resources- DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 29 of 43 1 E E C , CERTIFY t A4 the for ing masol000n Was r t 'duced Ar"d adopted lit a t y(dal meeting of the City Cuutcil oftile city C�f ROdding 0 following Vow tt t.e 15a, day f vmivt,2077. by tf OES: Cad CIL ICC . None T A IN: COUNCIL L -, Aja F}#4 4 w FORMAPPROVI 0: ANIJKLA DoouSignEnvelope ID: B94CD9D3-38OC-4200-9184-31OC24SECCn2 Grant Agreement No. 4000015048 Page 30of43 Exhibit F REPORT FORMATS AND REQUIREMENTS The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format. 1. QUARTERLY PROGRESS REPORTS AQuarterly Progress Report template will be provided by the DWR Grant Manager. Grantees must use the template provided for all Quarterly Progress Reports to obtain reimbursement reported. The Quarterly Progress Report must accompany an Invoice and be numbered the Sorn8 for ease Vfreference for auditing purposes. In 8ddihOD. the reporting period for the Quarterly PnOg[RSS Report [OUSt also align with the corresponding quarterly Invoice. 2. COMPONENT COMPLETION REPORT Component Completion Reports shall generally use the following format. This report should summarize all work CVnop|8ted as part of this grant.. This is standalone document and should not reference other documents or websites. Web links are edited or removed over time. These grants can be audited several years after they are closed. Therefore, links are not appropriate to include in the close out reports. EXECUTIVE SUMMARY — Should include o brief summary ofproject information and include the following items: w Description of actual work completed and any deviations from the work plan identified in the Grant Agreement REPORTS AND/OR PRODUCTS — The following it8rnG should be provided ~ Final Evaluation report � E|eCtn3OiC copies Ofany data CO||eCt8d' not previously submitted * As -built drawings r Final geodetic survey information * Self -Certification that the Project meets the stated goal of the GrantAgreement (e.Q. 10O -year level of flood pndentinn. HMP stondord, p|-84-99, etc.) r Project photos ° DiSCUSSiOOOfprOb|8DlSth8[OCCU[[HddU[iOg[heVYO[h8OdhOVV[hOSepPOb|e[OSVV8ne[CSO|V9d * /\final projectschedule showing actual progress versus planned progress COSTS AND DISPOSITION OF FUNDS — A list of showing: * The date each invoice was submitted to the State * The amount of the invoice * The date the check was received • The amount of the check (If a check has not been received for the final invoice, then state this in this section.) * A summary of the payments made by the Grantee for meeting its cost sharing obligations under this Grant Agreement. 0 A summary of final funds disbursement including: o Labor cost 0fpersonnel of agency/ major consultant /sub -consultants. Indicate personnel, houna, ratea, type ofprofession and reason for consultant, ie.. design, CEC2Axvork. etc. o Evaluation cost information, shown bymaterial, equipment, labor costs, and any change orders DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 31 of 43 o Any other incurred cost detail o A statement verifying separate accounting of funding disbursements • Summary of project cost including the following items: o Accounting of the cost of project expenditure; o Include all internal and external costs not previously disclosed; and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original project cost estimate. ADDITIONAL INFORMATION —Any relevant additional Information should be included. 3. GRANT COMPLETION REPORT The Grant Completion Report shall generally use the following format. This report should summarize all work completed as part of this grant.. This is standalone document and should not reference other documents or websites. Web links are edited or removed over time. These grants can be audited several years after they are closed. Therefore, links are not appropriate to include in the close out reports. Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects. Brief discussion whether the level, type, or magnitude of benefits of each project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; and a summary of final funds disbursement for each project. Additional Information: Summary of the submittal schedule for the Post Performance Reports applicable for the projects in this Grant Agreement. 4. POST -PERFORMANCE REPORT The Post Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance. The PPR should be following the Methodology Report for the specific project type(s) provided by the DWR Grant Manager. The PPR should identify whether the project is being operated and maintained. DWR requirements is for all funded projects should be maintained and operated for a minimum of 15 years. If the project is not being maintained and operated, justification must be provided. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided: Reports and/or products Header including the following: o Grantee Name o Implementing Agency (if different from Grantee) o Grant Agreement Number o Project Name o Funding grant source o Report number • Post Performance Report schedule • Time period of the annual report (e.g., January 2018 through December 2018) • Project Description Summary • Discussion of the project benefits • An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acre-feet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 32 of 43 • Any additional information relevant to or generated by the continued operation of the project. DoouSignEnvelope ID: B94CD9D3-38OC-4200-9184-31OC24SECCn2 Grant Agreement No. 4000015048 Page 33of43 Exhibit G REQUIREMENTS FOR DATA SUBMITTAL Surface and Groundwater Quality Data: Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included inproject naports.osdeochbedinExhibitG.^RequinannentsforO8[o Submittal." Surface water quality monitoring data shall be prepared for submission to the California Environmental Data EXCh8Og8 NetwOrk(CE[]EN). The CEOEyJ data templates are available OOthe CEDEN website. Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: . If project's Work P|on contains G groundwater ambient nnOnibJhng e|grnBnt, groundwater quality monitoring data shall besubmitted U}the State for inclusion in the State Water Resources Control Board's Groundwater Ambient Monitoring and Assessment (G/\MA)Program Information OOthe G/\MAProgram can beobtained at: .|ffurther information iS required, the Grantee can contact the State Water Resources Control Board /8VVRCB>GAK4AProgram. A listing of8VVRCBstaff involved inthe GAK8/\program can befound at: . Groundwater Level Data For each project 1hat collects groundwater level data, the Grantee will need tVsubmit this data tDOVVR'S VV8t8[ Data Library (VVDL). with 8 nGr[GUvg d8SC[ipUOO of data submittal activities included in project reports, as described in Exhibit F, "Report Formats and Requirements." Information regarding the WDL and iDwhat format t0submit data iDcan befound at: . DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Exhibit H Grant Agreement No. 4600015648 Page 34 of 43 STATE AUDIT DOCUMENT REQUIREMENTS The following provides a list of documents typically required by State Auditors and general guidelines for Grantees. List of documents pertains to both State funding and the Grantee's Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited. Grantees should ensure that such records are maintained for each funded project. State Audit Document Requirements Internal Controls 1. Organization chart (e.g., Agency's overall organization chart and organization chart for the State funded Program/Project). 2. Written internal procedures and flowcharts for the following: a) Receipts and deposits b) Disbursements c) State reimbursement requests d) Expenditure tracking of State funds e) Guidelines, policy, and procedures on State funded Program/Project 3. Audit reports of the Agency internal control structure and/or financial statements within the last two years. 4. Prior audit reports on the State funded Program/Project. State Funding: 1. Original Grant Agreement, any amendment(s) and budget modification documents. 2. A listing of all bond -funded grants, loans, or subventions received from the State. 3. A listing of all other funding sources for each Program/Project. Contracts: 1. All subcontractor and consultant contracts and related or partners' documents, if applicable. 2. Contracts between the Agency and member agencies as related to the State funded Program/Project. Invoices: 1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement. 2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items. 3. Reimbursement requests submitted to the State for the Grant Agreement. Cash Documents: 1. Receipts (copies of warrants) showing payments received from the State. 2. Deposit slips (or bank statements) showing deposit of the payments received from the State. 3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans. 4. Bank statements showing the deposit of the receipts. Accounting Records: 1. Ledgers showing entries for funding receipts and cash disbursements. 2. Ledgers showing receipts and cash disbursement entries of other funding sources. 3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement. DoouSignEnvelope ID: B94CD9D3-38OC-4200-9184-31OC24SECCn2 Grant Agreement No. 4000015048 Page 35of43 Administration Costs: 1. Supporting documents showing the calculation of administration costs. 1. List of all contractors and Agency staff that worked on the State funded Program/Project. 2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged tOthe program Proiect Files: 1. All supporting dOCUDleOt8UOO maintained in the project files. 2. All Grant Agreement related correspondence. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Exhibit I PROJECT LOCATION Grant Agreement No. 4600015648 Page 36 of 43 DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 37 of 43 Figure 1-1 ENTERPRISE ANDERSON GROUNDWATER SUSTAINABILITY AGENCY LOCATION DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 38 of 43 Figure 1-2 Project Location/Underrepresented Communities Map DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 39 of 43 Figure 1-3 Project Location/DAC/SDAC Areas Map DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Exhibit J Grant Agreement No. 4600015648 Page 40 of 43 MONITORING AND MAINTENANCE PLAN COMPONENTS AND GUIDANCE Introduction • Goals and objectives of project • Site location and history • Improvements implemented • Monitoring and Reporting Plan For each construction Component or Project contained in Exhibit A, a post -performance monitoring and reporting plan shall be submitted according to the Monitoring Method(s) developed by DWR. The Monitoring Methods are designed to provide the necessary steps needed to monitor Components or Project within the grant to DWR's monitoring standards. The detailed Monitoring Methods and protocols specific to the Components or Project listed in Exhibit A will be provided by the Grant Manager. The full monitoring method report is available on the SGM Grant Program website at: www.water.ca. ovis mrants. DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Grant Agreement No. 4600015648 Page 41 of 43 Exhibit K APPRAISAL SPECIFICATIONS "NOT APPLICABLE" DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 Exhibit L Grant Agreement No. 4600015648 Page 42 of 43 INFORMATION NEEDED FOR ESCROW PROCESSING AND CLOSURE "NOT APPLICABLE" DocuSign Envelope ID: B94CD9D3-390C-4200-9184-316C249ECC52 I * /:11'11119 IT, Grant Agreement No. 4600015648 Page 43 of 43 INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES The funds provided pursuant to this Agreement may only be used for costs that are directly related to the funded Project. The following provides a list of typical requirements for invoicing, specifically providing guidance on the appropriate methods for invoicing administrative and direct overhead charges. Administration Charges Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for reimbursement. However, administrative expenses that are apportioned directly to the project are eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be "Direct Costs" and are eligible expenses as long as: • There is a consistent, articulated method for how the costs are allocated that is submitted and approved by the Grant Manager. The allocation method must be fully documented for auditors. A "fully -burdened labor rate" can be used to capture allowable administrative costs. • The administrative/overhead costs can never include: o Non -project specific personnel and accounting services performed within the Grantee or an LPS' organization o Generic markup o Tuition o Conference fees o Building and equipment depreciation or use allowances • Using a general overhead percentage is never allowed Labor Rates The Grantee must provide DWR with supporting documentation for personnel hours (see personnel billing rates letter in example invoice packet). The personnel rate letter should be submitted to the DWR Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a minimum, employee classifications that will reimbursed by grant funds and the corresponding hourly rate range. These rates should be "burdened"; the burdened rate must be consistent with the Grantee's/Local Project Sponsors standardized allocation methodology. The supporting documentation should also provide an explanation of what costs make up the burdened rate and how those costs were determined. This information will be used to compare against personnel hours summary table invoice back up documentation. Periodic updates may be needed during the life of the grant which would be handled through a revised billing rate letter