HomeMy WebLinkAboutAGRMT NO KRGSA 18-009(1)KRGSA 18-009(1)
April 4, 2019
Matthew Owens
Engineering Geologist
Department of Water Resources
South Central Region Office
3374 East Shields Avenue
Fresno, CA 93726
Re: Request and justification for Amendment 1, Grant Agreement No. 4600012955
Dear Mr. Owens,
This letter details the request and provides justification for Amendment 1 to the subject Agreement
between the Department of Water Resources (DWR) and the Kern River Groundwater Sustainability
Agency (KRGSA).
KRGSA is requesting a Grant Amendment covering Exhibit A— Work Plan, Exhibit B- Budget, and Exhibit
C - Schedule, in order to add language that was inadvertently left out of the original executed
agreement. The intent and scope of the project remain unchanged and fully consistent with the
originally proposed project. This amendment is needed in order to proceed with grant administration in
accordance with DWR's requirements and the terms of the subject Grant Agreement.
Exhibit A— Work Plan
The executed Agreement includes reporting for Components 2 and 6 under Component 1, and
omits quarterly report preparation language from Components 3, 4, and S. The requested
amendment would add a Component Administration task for Components 2 and 6, and add
quarterly report preparation language to the Component Administration task for Components 3,
4, and 5. Component 1 would then cover overall grant administration efforts as originally
intended, and Components 2 through 6 would each conduct Component Administration as
originally intended.
Exhibit B— Budget '
The executed Agreement omits Other Cost Share for Component Administration for
Components 2 and 6, and the overall Grant Budget table includes errors. The requested
amendment would add a Component Administration task and associated Other Cost Share to
the budgets for Components 2 and 6, and update the overall Grant Budget table.
Exhibit C — Schedule
The executed Agreement schedule omits a Component Administration task for Components 2
and 6. The requested amendment would add a Component Administration task and associated
time frame to the schedules for Components 2 and 6.
Your time and evaluation of this request and associated documentation are appreciated. Attached you
will find Grant Agreement No. 4600012955, redlined to show the changes described above.
We look forward to workin you.
Sincerely,
Rodney Palla, Chairperson
Kern River Groundwater Sustainability Agency
Attachments:
1, 460012955 Agreement Amendment
GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA
(DEPARTMENT OF WATER RESOURCES) AND
KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY
AGREEMENT NUMBER 4600012955
2017 PROPOSITION 1 SUSTAINABLE GROUNDWATER PLANNING (SGWP) 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 Kern River Groundwater Sustainability
Agency, a Groundwater Sustainability Agency 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 Water Quality, Supply, and Infrastructure Improvement
Act of 2014 (Proposition 1) to assist the Grantee in financing the planning and/or selected project activities
(Project) that will improve sustainable groundwater management, pursuant to Water Code Section 79700 at
seq. The provision of State funds pursuant to this Agreement shall not be construed or interpreted to mean
that the Groundwater Sustainability Plan (GSP), or any components of the GSR, 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 the Department of Water
Resources as required by the Sustainable Groundwater Management Act and implementing regulations.
2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on the date this Grant
Agreement is executed by the State, through final payment plus three (3) years unless otherwise
terminated or amended as provided in this Grant Agreement. However, all work shall be completed in
accordance with the Schedule as set forth in Exhibit C.
3) GRANTAMOUNT. The maximum amount payable by the State under this Grant Agreement shall not
exceed $1,500,000.
4) GRANTEE COST SHARE. The Grantee is required to provide a Local Cost Share (non -State funds) of not
less than 50 percent of the Total Project Cost. The cost share requirement for projects benefiting a
Severely Disadvantaged Community (SDAC), Disadvantaged Community (DAC), or an Economically
Distressed Areas (EDA) may be waived or reduced. The Grantee agrees to provide a Local Cost Share
(non -State funds) for the amount as documented in Exhibit B (Budget). Local Cost Share may include
Eligible Project Costs directly related to Exhibit A incurred after January 1, 2015.
5) BASIC CONDITIONS. The State shall have no obligation to disburse money for a project under this Grant
Agreement until the Grantee has satisfied the following conditions (if applicable):
1. Prior to execution of this Grant Agreement, selected applicants (Groundwater Sustainability Agency)
for GSP Development projects must submit evidence of a notification to the public and DWR prior to
initiating development of a GSP in compliance with California Code of Regulations, title 23, Section
350 at seq. (GSP Regulations) and Water Code Section 10727.8.
2. The Grantee must demonstrate compliance with all relevant eligibility criteria as set forth on pages
7 and 8 of the 2015 Grant Program Guidelines for the SGWP Grant Program.
3. For the term of this Grant Agreement, the Grantee submits timely reports and all other deliverables
as required by Paragraph 16, "Submission of Reports" and Exhibit A.
6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the
availability of funds through normal Stale 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 -int
bearing account and shall be used solely to pay Eligible Project Costs. iAGENCY
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Grant Agreement No. 4600012955
Page 2 of 39
7) 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. Eligible Project Costs include the
reasonable costs of studies, engineering, design, land and easement acquisition, legal fees, preparation of
environmental documentation, environmental mitigations, monitoring, project construction, and/or any other
scope of work efforts as described in Exhibit A. Reimbursable administrative expenses are the necessary
costs incidental but directly related to the Project included in this Agreement. Work performed on the
Project after July 1, 2017, but before April 30, 2020, shall be eligible for reimbursement.
Costs that are not eligible for reimbursement with State funds cannot be counted as Cost Share. Costs that
are not eligible for reimbursement include, but are not limited to, the following items:
1. Costs, other than those noted above, incurred prior to the award date of this Grant.
2. Costs for preparing and filing a grant application belonging to another solicitation.
3. Operation and maintenance costs, including post construction performance and monitoring costs.
4. Purchase of equipment that is not an integral part of a project.
5. Establishing a reserve fund.
6. Purchase of water supply.
7. Monitoring and assessment costs for efforts required after project construction is complete.
8. Replacement of existing funding sources for ongoing programs.
9. Support of existing agency requirements and mandates (e.g., punitive regulatory agency requirement).
10. 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 land purchased prior to
the execution date of this Grant Agreement.
11. Overhead and indirect costs. "Indirect Costs" means those costs that are incurred for a common orjoint
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 -speck
facilities; tuition and conference fees; 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.
8) METHOD OF PAYMENT FOR REIMBURSEMENT. After the disbursement requirements in Paragraph 5
"Basic Conditions" are met, the State will disburse the whole or portions of State funding to the Grantee,
following receipt from the Grantee via U.S. mail or Express mail delivery of a "wet signature" invoice for
costs incurred, including Cost Share, and timely Progress Reports as required by Paragraph 16,
"Submission of Reports." Payment will be made no more frequently than monthly, in arrears, upon receipt
of an invoice bearing the Grant Agreement number. 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:
1. Costs incurred for work performed in implementing the project during the period identified in the particular
invoice.
I AGENJCY
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Grant Agreement No. 4600012955
Page 3 of 39
2. 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.
3. Invoices shall be submitted on forms provided by the State and shall meet the following format
requirements:
a. Invoices must contain the date of the invoice, the time period covered by the invoice, and the total
amount due.
b. Invoices must be itemized based on the categories (i.e., tasks) specified in the Exhibit B. The
amount claimed for salades/wages/consultant fees must include a calculation formula (i.e., hours or
days worked times the hourly or daily rate = the total amount claimed).
c. One set of sufficient evidence (i.e., receipts, copies of checks, time sheets) must be provided for all
costs included in the invoice.
d. Each invoice shall clearly delineate those costs claimed for reimbursement from the State's funding
amount, as depicted in Paragraph 3, "Grant Amount" and those costs that represent the Grantee's
costs, as applicable, in Paragraph 4, "Grantee Cost Share."
e. Original signature and date (in ink) of the Grantee's Project Representative. Submit the original "wet
signature" copy of the invoice form to the address listed in Paragraph 22, "Project Representative"
All invoices submitted shall be accurate and signed under penalty of perjury. 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). 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 Exhibit D 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, 489-490.)
9) ADVANCED PAYMENT. Water Code Section 10551 authorizes advance payment by the State for projects
included and implemented in an applicable integrated regional water management plan, and when the
project proponent is a nonprofit organization; a DAC; or the project benefits a DAC. If the project is
awarded less than $1,000,000 in grant funds, the project proponent may receive an advanced payment of
up to 50% of the grant award; the remaining 50% of the grant award will be reimbursed in arrears. Within
ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an
Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after
execution of this Agreement, or later, will not be eligible to receive advance payment. The Advanced
Payment Request must contain the following:
1. Documentation demonstrating that each Local Project Sponsor (if different from the Grantee, as listed
in Exhibit 1) was notified about their eligibility to receive an advanced payment and a response from the
Local Project Sponsor stating whether it wishes to receive the advanced payment or not.
2. If the Local Project Sponsor is requesting the advanced payment, the request must include:
a. A funding plan which shows how the advanced funds will be expended within 18 months of this
Grant Agreement's execution (i.e., for what, how much, and when).
b. A discussion of the Local Project Sponsor's financial capacity to complete the project once the
advance funds have been expended, and include an "Audited Financial Statement Summary
specific to the DAC. ACEtw
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Grant Agreement No. 4600012955
Page 4 of 39
3. If a Local Project Sponsor is requesting advanced payment, the Grantee shall also submit a single
Advance Payment Form Invoice, containing the request for each qualified project, to the State Project
Manager with "wet signature" and date of the Grantee's Project Representative, as indicated in
Paragraph 22, "Project Representative." The Grantee shall be responsible for the timely distribution of
the advanced funds to the respective Local Project Sponsor(s). Within sixty (60) calendar days of
receiving the Advanced Payment Form Invoice and subject to the availability of funds, the State will
authorize payment of the advanced funds sought of up to 50% of the grant award for the qualified
project(s). The Advanced Payment Form Invoice shall be submitted on forms provided by the State and
shall meet the following format requirements:
a. Invoice must contain the date of the invoice, the time period covered by the invoice, and the total
amount due.
b. Invoice must be itemized based on the categories (i.e., tasks) specified in Exhibit B.
c. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an
Advance Payment Form Invoice, the State determines that any portion or portions of the costs
claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of
receipt of such notice, submit additional documentation to cure such deficiency(ies). After the
distribution requirements in Paragraph 5, "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 for costs incurred, including Cost Share, and
timely Progress Reports as required by Paragraph 16, "Submission of Reports."
4. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates
how actual expenditures compare with the scheduled budget. The Accountability Report shall include
the following information:
a. An itemization of how advanced funds have been expended to -date (Expenditure Summary),
including documentation that supports the expenditures (e.g., contractor invoices, receipts,
personnel hours, etc.). Invoices must be itemized based on the budget categories (i.e., tasks)
specified in Exhibit B.
b. A funding plan which shows how the remaining advanced funds will be expended.
c. Documentation that the funds were placed in a non-interest bearing account, including the dates of
deposits and withdrawals from that account.
d. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of the
Expenditure Summary, the State determines that any portion of the expenditures claimed are not
eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such
notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with
the tasks in Exhibit B, the State will reject the claim and remove them from the Expenditure
Summary.
5. Once the Grantee has expended all advanced funds, then the method of payment will revert to the
reimbursement process specified in Paragraph 8, "Method of Payment for Reimbursement.", and any
remaining requirements of Paragraph 5, "Basic Conditions"
10) REPAYMENT OF ADVANCES. The State may demand repayment from the Grantee of all or any portion of
the advanced State funding along with interest at the California general obligation bond interest rate at the
time the State notifies the Grantee, as directed by the State, and take any other action that it deems
necessary to protect its interests for the following conditions:
1. A project is not being implemented in accordance with the provisions of the Grant Agreement.
2. The Grantee has failed in any other respect to comply with the provisions of this Grant Agreem7AGENCY
if the Grantee does not remedy any such failure to the State's satisfaction.
Grant Agreement No. 4600012955
Page 5 of 39
3. Repayment amounts may also include:
a. Advance funds which have not been expended within 18 months of the Grant Agreement's
execution.
b. Actual costs incurred are not consistent with the activities presented in Exhibit A, not supported, or
are ineligible.
c. At the completion of the project, the funds have not been expended.
For conditions 10) 3.a. and 10) 3.b., repayment may consist of deducting the amount from future
reimbursement invoices. The State may consider the Grantee's refusal to repay the requested advanced
amount a substantial breach of this Grant Agreement subject to the default provisions in Paragraph 12,
"Default Provisions." If the State notifies the Grantee of its decision to demand repayment or withhold the
entire funding amount from the Grantee pursuant to this paragraph, this Grant Agreement shall terminale
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.
11) 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 13, "Continuing
Eligibility," the portion that has been disbursed shall thereafter be repaid immediately with interest at the
California general obligation bond interest rate 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 12, "Default Provisions." 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.
12) DEFAULT PROVISIONS. The Grantee will be in default under this Grant Agreement if any of the following
occur:
1. 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;
2. Making any false warranty, representation, or statement with respect to this Grant Agreement or the
application filed to obtain this Grant Agreement;
3. Failure to operate or maintain project in accordance with this Grant Agreement.
4. Failure to make any remittance required by this Grant Agreement.
5. Failure to comply with Labor Compliance Plan requirements.
6. Failure to submit timely progress reports.
7. Failure to routinely invoice the State.
8. Failure to meet any of the requirements set forth in Paragraph 13, "Continuing Eligibility."
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 AGEt+tCY
ORIGINAL
Grant Agreement No. 4600012955
Page 6 of 39
9. 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 the default.
10. Terminate any obligation to make future payments to the Grantee.
11. Terminate the Grant Agreement.
12. 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.
13) CONTINUING ELIGIBILITY. The Grantee must meet the following ongoing requirement(s) to remain
eligible to receive State funds:
1. An urban water supplier that receives grant funds pursuant to this Grant Agreement must maintain
compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 at seq.) and
Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 at seq.) by doing the following:
a. Have submitted their 2015 UWMP and had it deemed consistent by DWR. If the 2015 UWMP has
not been submitted to DWR funding disbursements to the urban water supplier will cease until the
2015 UWMP is submitted. If the 2015 UWMP is deemed inconsistent by DWR, the urban water
supplier will be ineligible to receive funding disbursements until the inconsistencies are addressed
and DWR deems the UWMP consistent. For more information, visit the following website:
b. All urban water suppliers must submit documentation that demonstrates they are meeting the 2015
interim gallons per capita per day (GPCD) target. If not meeting the interim target, the Grantee must
submit a schedule, financing plan, and budget for achieving the GPCD target, as required pursuant
to Water Code Section 10608.24. Urban water suppliers that did not meet their 2015 interim GPCD
target must also submit annual reports that include a schedule, financing plan, and budget for
achieving the GPCD target by June 30 of each year.
2. An agricultural water supplier receiving grant funding must:
a. Comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code
Section 10608, at seq. Submit to the State a schedule, financing plan, and budget for
implementation of the efficient water management practices, required pursuant to Water Code
Section 10608.48.
b. Have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain
eligibility and continue funding disbursements, an agricultural water supply must have their 2015
AWMP identified on the State's website. For more information, visit the following website:
https://www.water. ca. gov/ Work-With-Us/Grants-And-Loans/Ag ricultu re -Water -U se -Efficiency.
3. The Grantee diverting surface water must maintain compliance with diversion reporting requirements as
outlined in Part 5.1 of Division 2 of the Water Code.
4. If applicable, the Grantee must demonstrate compliance with the Groundwater Management Act set
forth on pages 7 and 8 of the 2015 SGWP Grant Program Guidelines, dated October 2015.
5. Grantees that have been designated as monitoring entities under the California Statewide Groundwater
Elevation Monitoring (CASGEM) Program must maintain reporting compliance, as required by Water
Code Section 10932 and the CASGEM Program.
14) PERMITS LICENSES APPROVALS AND LEGAL OBLIGATIONS. The Grantee shall be responsibl
obtaining any and all permits, licenses, and approvals required for performing any work under this G ant FtJw�!
Agreement, including those necessary to perform design, construction, or operation and maintenanc
ORIGINAL
Grant Agreement No. 4600012955
Page 7 of 39
the Project(s). The Grantee shall be responsible for observing and complying with any applicable federal,
state, and local laws, rules or regulations affecting any such work, specifically those including, but not
limited to, environmental, procurement, and safety laws, rules, regulations, and ordinances. The Grantee
shall provide copies of permits and approvals to the State.
15) RELATIONSHIP OF PARTIES. If applicable, the Grantee is 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
Grant Agreement.
16) 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 Project Manager, and shall be submitted
via Department of Water Resources (DWR) "Grant Review and Tracking System" (GRanTS). 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. 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.
1. Progress Reports: The Grantee shall submit Progress Reports to meet the State's requirement for
disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State's Project
Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work
performed, 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 Progress Report should be submitted to the State no later than four (4) months after the
execution of the agreement, with future reports then due on successive three-month increments based
on the invoicing schedule and this date.
2. Groundwater Sustainability Plan: The Grantee shall submit a Final Groundwater Sustainability Plan
(GSP) to DWR by the date as specified per the Sustainable Groundwater Management Area (SGMA).
The GSP 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.
3. Coordination Agreement: The Grantee shall provide the State a copy of the executed Coordination
Agreement, and all supporting documentation. This condition is only required in basins where GSRs
develop multiple GSPs pursuant to Water Code Section 10727(b)(3). Refer to the GSP Regulations for
necessary details and requirements to prepare and submit a Coordination Agreement.
4. Accountability Report: The Grantee shall prepare and submit to the State an Accountability Report on a
quarterly basis if the Grantee received an Advanced Payment, consistent with the provisions in
Paragraph 9, "Advanced Payment."
5. Completion Report: The Grantee shall prepare and submit to the State a separate Completion Report
for each project or component included in Exhibit A. The Grantee shall submit a Completion Report
within ninety (90) calendar days of projecticomponent completion. Each Completion Report shall
include, in part, a description of actual work done, any changes or amendments to each project, and a
final schedule showing actual progress versus planned progress, copies of any final documents or
reports generated or utilized during a project. The Completion Report shall also include, if applicable for
Implementation Project(s), certification of final project by a registered civil engineer, consistent with
Exhibit D. A "Certification of Project Completion" form will be provided by the State.
6. Grant Completion Report. Upon completion of the Project included in Exhibit A, the Grantee sh
submit to the Stale a Grant Completion Report, The Grant Completion Report shall be submilten
Grant Agreement No. 4600012955
Page 8 of 39
ninety (90) calendar days of submitting the Completion Report for the final component or project to be
completed under this Grant Agreement. The Grant Completion Report shall include reimbursement
status, a brief description of each component completed, and how those components will further the
goals of the GSP and sustainable groundwater. Retention for the last component, or project, to be
completed as part of this Grant Agreement will not be disbursed until the Grant Completion Report is
submitted to be approved by the State.
17) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation
projects (pertinent to 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" 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 by 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 12, 'Default Provisions."
18) STATEWIDE MONITORING REQUIREMENTS. The Grantee shall ensure that all groundwater projects and
projects that include groundwater monitoring requirements are consistent with the Groundwater Quality
Monitoring Act of 2001 (Wat. Code, § 10780 at seq.) and, where applicable, projects that affect water
quality shall include a monitoring component that allows the integration of data into statewide monitoring
efforts, including where applicable, the Surface Water Ambient Monitoring Program carried out by the State
Water Resources Control Board. See Exhibit G for web links and information regarding other State
monitoring and data reporting requirements.
19) NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items:
1. 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.
2. 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.
3. Applicable to Implementation Projects only, Final inspection of the completed work on a project by a
Registered Professional (Civil Engineer, Engineering Geologist, or other State approved
certified/license Professional), in accordance with Exhibit D. The Grantee shall notify the State's
Project Manager of the inspection date at least 14 calendar days prior to the inspection in order to
provide the State the opportunity to participate in the inspection.
20) 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 an of the
following means:
1. By delivery in person. 1AGENGY
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Grant Agreement No. 4600012955
Page 9 of 39
2. By certified U.S. mail, return receipt requested, postage prepaid.
3. By "overnight" delivery service; provided that next -business -day delivery is requested by the sender.
4. By electronic means.
5. 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
addresses listed below. Either party may, by written notice to the other, designate a different address
that shall be substituted for the one below.
21) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee's performance will
be evaluated by the State and a copy of the evaluation will be placed in the State file and a copy sent to the
Grantee.
22) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are
as follows:
Department of Water Resources
Arthur Hinojosa
Chief, Division of Integrated Regional Water M
P.O. Box 942836anagement
Sacramento, CA 94236-0001
Phone: (916) 653-4736
Email: Arthur. HinoiosaO-water.ca.aov
Direct all inquiries to the Project Manager
Department of Water Resources
Matthew Owens
Engineering Geologist
3374 E. Shields Avenue
Fresno, CA 93726
Phone: (559) 230-3335
Email: Matthew Owens(rDwater.ca.cov
Kern River Groundwater Sustainability Agency
c/o City of Bakersfield
Nelson Smith
Fiscal Agent
1600 Truxtun Avenue
Bakersfield, CA 93301
Phone: (661) 326-3742
Email: nsmith(oibakersfeldcitv.us
Kern River Groundwater Sustainability Agency
c/o City of Bakersfield
Rodney Palls
KRGSA Board Chair
1600 Truxtun Avenue
Bakersfield, CA 93301
Phone: (661) 326-3767
Email: rodnev(cilrofarms.com
Either party may change its Project Representative or Project Manager upon written notice to the other
party.
1 AGEttiCY
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23) STANDARD PROVISIONS. The following Exhibits are attached and made a part of this Grant Agreement
by this reference:
Exhibit A —Work Plan
Exhibit B — Budget
Exhibit C — Schedule
Exhibit D — 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 and Cost Share Guidelines for Grantees
Exhibit I — Local Project Sponsors
Exhibit J — Project Location
1ACENCY
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IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement.
STATE OF CALIFORNIA Kern River Groundwater Sustainability Agency
DEPARTMENT OF WATER RESOURCES
Arthur Hinojosa Nelson Smith
Chief, Division of Integrated Regional Water Fiscal Agent
Management
Approved as to Legal Form and Sufficiency
Robin Brewer, Assistant Chief Counsel
Office of Chief Counsel
t AGENCY
ORIGINAL
Grant Agreement No. 4600012955
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EXHIBIT A
WORK PLAN
Project Title: Kern County Subbasin Groundwater Sustainability Plan
Project Description: The Grantee's Kern County Subbasin GSP (Project) consist of six (6) components: 1)
grant administration, 2) groundwater modeling, 3) groundwater modeling peer review 4) hydrogeologic
conceptual model (HCM); 5) coordination development, and 6) GSP for the Kern River Groundwater
Sustainability Agency service area. The Grantee will complete components 1, 2, and 6. The Kern Groundwater
Authority Groundwater Sustainability Agency (KGA) will complete components 3 through 5.
Component 1: Grant Administration
Implementing Agency: Grantee
Category (a): Invoicing, Reporting, and Contract Administration
Manage and administer the Project as follows. Prepare and submit invoices to DWR, track task progress and
schedule, and manage contracts and budgets associated with the Grant Agreement. Administer and track
contracts with consultants or other agencies that are necessary to complete Grant Administration tasks in the
Work Plan including reporting and compiling the required invoice back-up information. Conduct administrative
responsibilities associated with the Project such as coordinating with partnering agencies and managing
consultants/contractors including coordination of conference calls/meetings as needed.
Compile quarterly Progress Reports and invoices for submittal to DWR. Progress Reports will be prepared in
accordance with Exhibit F. Invoices will include backup documentation. For each component, backup
documentation will be collected and organized by category, along with an Excel compatible summary
document detailing the contents of the backup documentation.
Prepare draft Grant Completion Report and submit to DWR for Project Manager's comment and review no later
than 90 -days after work completion. Prepare a Final Grant Completion Report addressing the DWR Project
Manager's comments and submit to DWR in accordance with the provisions of Exhibit F.
Deliverables:
• Executed Grant Agreement and any Amendment(s) (if necessary)
• Environmental Information Form
• Progress Reports and invoices with associated backup documentation
• Draft and Final Grant Completion Report
Component 2: Groundwater Modeling
Implementing Agency: Grantee
Develop a current and historic water budget for the Kern County Subbasin using a regional groundwater model
developed by DWR, referred to as the California Central Valley Groundwater Surface Water Simulation Model
(C2VSim).
Category (a): Component Administration
Prepare invoice back up documentation. Prepare quarterly reports; Prepare Completion Report in accordance
with Exhibit F.
Deliverables:
• Invoices and associated backup documentation
• Component Completion Report
• Quarterly reports
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Category (b): Basin Modeling
• Initial review of C2VSim — Assess the Kern County Subbasin water budget data requirements and
conduct an initial assessment of C2VSim results in Kern County Subbasin.
• Revise C2VSim with new data — verify C2VSim data and calibration in Kern County Subbasin, prepare
revised data for C2VSim input, apply revised C2VSim for Kern County Subbasin, evaluate revised
C2VSim performance, and provide C2VSim updates.
• Generate current and historical water budgets for Kern County Subbasin — generate initial subbasin
water budgets from revised C2VSim, conduct public review of subbasin water budgets, generate final
subbasin water budgets from C2VSim.
• Technical report — develop a Draft and Final Technical Report.
Deliverables:
• Groundwater Model and Water Budget Technical Report
Category (c): Stakeholder Engagement
• Coordinate with local agencies on water budget — develop a local agency data request, identify data
gaps, and conduct a water budget workshop.
• Project coordination and communication — project management and communication for Basin Modeling
Stakeholder Engagement.
Deliverables:
• Basin Modeling Stakeholder Engagement outreach material
• Water budget workshop agenda, meeting notes
Component 3: Groundwater Model Peer Review
Implementing Agency: KGA
Category (a): Component Administration
Prepare invoice back up documentation. Prepare quarterly reports; Prepare Completion Report in accordance
with Exhibit F.
Deliverables:
• Invoices and associated backup documentation
• Component Completion Report
• Quarterly reports
Category (b): Groundwater Model Peer Review
Conduct a critical review of local data and C2VSim updates completed as part of Component 2; analyze and
identify data gaps, and coordinate with Kern County Subbasin groundwater sustainability agencies (GSAs) and
other agencies.
Use the services of consultant(s) to implement portions of the Kern Groundwater Model Peer Review work.
Analyze data from local agencies and compare on -the -ground data to Component 2 model output. The reviews
include but are not limited to: the revised C2VSim data and water budgets, providing recommendations for
model refinement, conducting recalibration of C2VSim model, documenting and presenting findings, reviewing
finalized water budgets, and participating in workshops.
Coordinate with different GSAs and agencies in the Kern County Groundwater Subbasin pertaining to the
groundwater model peer review. Conduct a peer review for the C2VSim data updates. Will review of the
C2VSim model inputs and outputs, identify data gaps, provide revision recommendations, and complete 1AGEhCY
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revisions (as necessary). The results of the peer review of C2VSim model will be documented and presented
to the KGA Basin Coordination Committee.
Deliverables:
. Technical Memorandum on C2VSim peer review results
Component 4: Hydrogeologic Conceptual Model and Groundwater Conditions
Implementing Agency: KGA
Category (a): Component Administration
Prepare invoice back up documentation. Prepare quarterly reports; Prepare Completion Report in accordance
with Exhibit F.
Deliverables:
• Invoices and associated backup documentation
• Component Completion Report
• Quarterly Reports
Category (b): Hydrogeologic Conceptual Model and Groundwater Conditions
Task 1: Existing Report Collection, Data Collection and Aggregation
Develop a Hydrogeologic Conceptual Model (HCM) and Groundwater Conditions Analysis supporting the
Basin Settings. Collect data relevant to the development of the HCM, including a characterization of the
physical features and boundaries for the Kern County Subbasin. Collect existing reports and studies for the
study area and organize data for current and future use.
Deliverables:
. HCM section
Task 2: Groundwater Conditions Narrative
Prepare the Groundwater Conditions sections of KGA participating members.
Deliverables:
• Groundwater Conditions section(s)
Category (c): Stakeholder Coordination
Hold meetings and teleconferences. Hold management meeting(s) and at least one presentation workshop.
Additional informal meetings and coordination will be conducted as needed.
Deliverables:
• Meeting Agendas, Attendance sign -in sheets, meeting materials
• Workshop Presentation documentation
Component 5: Groundwater Sustainability Plan Coordination
Implementing Agency: KGA
Category (a): Component Administration
Prepare invoice backup documentation. Prepare quarterly reports; Prepare Completion Report in accordance
with Exhibit F.
Deliverables: -
• Invoices and associated backup documentation (AGENCY
• Component Completion Report ORIGINAL
Grant Agreement No. 4600012955
Page 15 of 39
• Quarterly Reports
Category (b): Coordination Agreement Development
Task 1: Coordination Meeting Support
Coordinate GSP development across the Kern County Subbasin. Coordinate and Report on Coordination
Committee meetings.
Provide facilitation services for meetings to support and participate in meetings, development of technical
material to support the collaborative discussions, and frequent person to person meetings with participants.
Lead and facilitate regular Basin Coordination Group meetings for all GSAs within the Kern County Subbasin.
Hold meetings of the KGA Basin Coordination Committee and the KGA Policy Group to facilitate the
development of the Coordination Agreement.
Deliverables:
• GSP Coordination activities
• Meeting Facilitation Summaries
• Meeting Material, Agendas, Meeting Summaries
Task 2: Coordination Agreement Development
As part of Coordination Agreement development, review of GSP activities (water budgets, pumping activities,
safe yield, water deliveries, etc.) and legal facilitation for negotiation purposes, as necessary. As part of the
Coordination Agreement, prepare for and attend meetings and public review workshops. Develop Coordination
Agreement for Kern County Subbasin.
Deliverables:
• Meeting notes and agendas
• Summary of work conducted to develop Coordination Agreement
• Coordination Agreement for the Kern Subbasin
Component 6: GSP Development
Implementing Agency: Grantee
Category (a): Component Administration
Prepare invoice back up documentation. Prepare quarterly reports; Prepare Completion Report in accordance
with Exhibit F.
Deliverables:
• Invoices and associated backup documentation
• Component Completion Report
• Quarterly reports
Category (b): GSP Development
Prepare a GSP for the Grantee's service area in accordance with SGMA requirements and submit the final
GSP to DWR. The GSP may include, but is not limited to, the sections listed below.
1. Prepare administrative information — compile and prepare information, including jurisdictional
boundaries, agencies, wells and mapping, monitoring programs, water management setting, and
land use and planning.
2. Describe Basin settino — Characterize basin conditions. Address topics that may include the
Hydrogeologic Conceptual Model, current and historical groundwater conditions, water budget and
management areas.
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3. Develop sustainable management criteria — establish the sustainability goal, analyze undesirable
results, and identify minimum thresholds and measurable objectives.
4. Develop monitorina network — incorporate data from existing networks, identify data gaps, and
develop monitoring network and protocols.
5. Identify and evaluate management actions — describe management activities and strategies,
evaluate strategies and select preferred actions.
6. Develop GSP - Generate Administrative Draft, Draft, Final Draft, and Final GSP.
7. Stakeholder Outreach - Conduct workshops, communication, notifications, and adoption hearing —
provide stakeholder outreach and public notices; generate a list of interested persons; conducting
communications with stakeholders and beneficial users; conducting public hearings and meetings;
and GSP related communications and management.
8. Coordination and coordination agreements — coordinate with relevant GSAs and developing white
papers and coordination agreement(s).
Deliverables:
• Meeting Minutes, Sign -in sheet, Outreach Material
• Coordination Agreement(s)
• Draft GSP
• Proof of GSP submittal to DWR
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Grant Agreement No. 4600012955
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EXHIBIT B
BUDGET
-The Grantee received a 100% cost share waiver.
Other Cost share will be provided by the Kem River Groundwater Sustainability Agency and/or the Kem Groundwater Authority.
These costs will not be reviewed by the State for invoicing purposes; however, the Grantee is required to maintain all financial records
associated with the project in accordance with Exhibit H.
NOTES:
-The Grantee received a 100% cost share waiver.
"Other Cost share will be provided by the Kem River Groundwater Sustainability Agency and/or the Kem GmundwaterAuthority. These
costs will not be reviewed by the State for invoicing purposes; however, the Grantee is required to maintain all financial records as
with the project in accordance with Exhibit H.
1 AGF.F+i)`f
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Grant Agreement No. 4600012955
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NOTES:
'The Grantee received a 100% cost share waiver.
NOTES:
'The Grantee received a 100% cost share waiver.
**Other Cost share will be provided by the Kem River Groundwater Sustainability Agency and/or the Kem Groundwater -Authority.
These costs will not be reviewed by the State for invoicing purposes; however, the Grantee is required to maintain all Financial records
associated with the project in accordance with Exhibit H.
DAGENCY
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Grant Agreement No. 4600012955
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(a)
Component Administration
$0
$0
$70,550
$70,550
(b)
)CConceptual Model and
Groundwater
$262,064
$0
$475,736
$737,800
(c)
Stakeholder Coordination
$19,200
$0
$28,000
$47,200
TOTAL COSTS
$281,264
$0
$574,286
$855,550
NOTES:
'The Grantee received a 100% cost sham waiver.
'• Other Cost sham will be provided by the Kem River Groundwater Sustainability Agency and/or the Kem GroundwaterAuthodty.
These costs will not be reviewed by the State for invoicing purposes, however, the Grantee is required to maintain all financial records
associated with the project in accordance with Exhibit H.
NOTES:
'The Grantee received a 100% cost sham waiver.
"Other Cost share will be provided by the Kem River Groundwater Sustainability Agency and/or the Kem Groundwater Authority.
These costs will not be reviewed by the State for invoicing purposes, however, the Grantee is required to maintain ell financial records
associated with the project in accordance with Exhibit H.
DAC
Grant Agreement No. 4600012955
Page 20 of 39
(a)
Component Administration
$0
$0
$16,550
$16,550
(b)
GSP Development
$281,264
$0
$78,699
$359,963
TOTAL COSTS
$281,264
$0
$95,249
$376,513
NOTES:
'The Grantee received a 100% cost share waiver.
"Other Cost share will be provided by the Kem River Groundwater Sustainability Agency and/or the Kem GroundwaterAuthodty.
These costs will not be reviewed by the State for invoicing purposes; however, the Grantee is required to maintain all financial records
associated with the project in accordance with Exhibit H.
EXHIBIT C
SCHEDULE
(a) I Grant Administration
Grant Agreement No. 4600012955
Page 21 of 39
08/01/2018 1 04/30/2020
(a)
Component Administration
01/01/2017
01/31/2020
(b)
Basin Modeling
04/01/2017
01/31/2020
(c)
Stakeholder Engagement
01/01/2017
01/31/2020
(a) Component Administration
(b) Groundwater Model Peer Review
05/01/2018 01/31/2020
01/01/2015 01/31/2020
(a)
Component Administration
07/01/2017
1 01/31/2020
(b)
Hydrogeologic Conceptual Model and Groundwater Conditions
01/01/2015
12/31/2019
(c)
Stakeholder Coordination
01/01/2015
01/31/2020
(a) Component Administration
(b) Coordination Agreement Development
05/01/2018 01/31/2020
01/01/2015 12/31/2019
(a) Component Administration 07/01/2017 01/31/2020
(b) GSP Development 07/01/2017 01/31/2020
Grant Agreement No. 4600012955
Page 22 of 39
EXHIBIT D
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 Stale 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 Water Quality, Supply, and Infrastructure
Improvement Act of 2014 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. 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 at
seq.), which prohibits discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA.
D.5) 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 12 or take any other action it deems necessary to protect its interests.
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 w
respect of all matters connected with this Grant Agreement, including but not limited to, the cost o
administering this Grant Agreement. All records of the Grantee or its contractor or subcontractors
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Grant Agreement No. 4600012955
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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 Funding Recipient's activities. (Wat. Code, § 79708,
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) 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 Grant Agreement shall not proceed until
documents that satisfy the CEQA process are received by the State's Project Manager and the State
has completed its CEQA compliance. Work funded under the Grant Agreement subject to a CEQA
document shall not proceed until and unless approved by the State Project Manager. 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 12.
0.8) 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 slate 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 at 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.9) 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.
D.10) COMPETITIVE BIDDING AND PROCUREMENTS: The Grantee shall comply with all applicable laws
and regulations regarding securing competitive bids and undertaking competitive negotiations in the
Grantee's contracts with other entities for acquisition of goods and services and construction of public
works with funds provided by the State under this Grant Agreement.
D.11) 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.
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D.12) 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 the Grantee may be
required by DWR 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.13) 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.14) 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.15) 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
the laws of State of California, compliance with the requirements of the Drug -Free WorkplaceAct 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 835510
inform employees, contractors, or subcontractors about all of the following:
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Grant Agreement No. 4600012955
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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.16) 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 providing for floodplain preservation and agricultural
and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall
be conveyed to a regulatory or trustee agency or conservation group acceptable to 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 acceptable to the State can result in termination of this Agreement.
D.17) FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL: Upon completion of
the Project, the Grantee shall provide for a final inspection and certification by a California Registered
Professional (i.e., Professional Civil Engineer, Engineering Geologist, that the Project has been
completed in accordance with submitted final plans and specifications and any mods ications thereto
and in accordance with this Grant Agreement.
D.18) GRANTEE'S RESPONSIBILITY. The Grantee and its representatives shall:
a) Faithfully and expeditiously perform or cause to be performed all project work as described in
Exhibit A and in accordance with Project Exhibit B and Exhibit C.
b) 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.
c) Comply with all applicable California, federal, and local laws and regulations.
d) Implement the Project in accordance with applicable provisions of the law.
e) Fulfill its obligations under the Grant Agreement and be responsible for the performance of the
Project.
1) 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.
g) 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 Stat and
shall not be deemed to relieve or restrict responsibilities of the Grantee under this Agreement AC
F.N,^,Y
ORIGINAL
Grant Agreement No. 4600012955
Page 26 of 39
h) Be solely responsible for all work and for persons or entities engaged in work performed pursuant to
this Grant 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.19) GOVERNING LAW: This Grant Agreement is governed by and shall be interpreted in accordance with
the laws of the State of California.
D.20) 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.
D.21) 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, including, but not limited to any
claims or damages arising from planning, design, construction, maintenance and/or operation of this
Project 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.22) 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.23) 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.24) 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.25) 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 htto://www.dir.ca.gov/lcp.asp.
For more information, please refer to DIR's Public Works Manual at: http:lhw .dir.ca.gov/dlse/
PWManualCombined.odf. 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.26) MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole
discretion approve non -material changes to the portions of Exhibit A which concern the budget and
schedule without formally amending this Grant Agreement. Non -material changes with respect t e
budget are changes that only result in reallocation of the budget and will not result in an increaseliAY
ORIGINAL
Grant Agreement No. 4600012955
Page 27 of 39
amount of the State Grant Agreement. Non -material changes with respect to the Project schedule are
changes that will not extend the term of this Grant Agreement. Requests for non -material changes to
the budget and schedule must be submitted by the Grantee to the State in writing and are not effective
unless and until specifically approved by the State's Program Manager in writing.
D.27) 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 at seq.). The applicable regulations of the Fair Employment and
Housing Commission implementing the California Fair Employment and Housing Act 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.28) 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.29) 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.30) PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee
shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner
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 to 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.31) 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.32) 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 Project Completion
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.33) 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 perform
this Grant Agreement shall be made available to the State and shall be in the public domain to e
extent to which release of such materials is required under the California Public Records Act. ( &CEN.CY
ORIGINAL
Grant Agreement No. 4600012955
Page 26 0/ 39
Code, § 6250 at 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.34) 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.35) 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.36) 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 State and made subject to such reasonable terms and conditions as the State may
impose.
D.37) TERMINATION BY GRANTEE: Subject to State approval which may be 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.
D.36) TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 12, 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 12.
D.39) TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without rause on 30 days
advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the
date of termination.
0.40) 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.41) TIMELINESS: Time is of the essence in this Grant Agreement.
D.42) TRAVEL — DAC EDA or SDAC PROJECT/COMPONENT: If a Project/Component obtains a DAC,
EDA, or SDAC Cost Share Waiver, the Grantee may submit travel and per diem costs for eligible
reimbursement with State funds. Travel includes the reasonable and necessary costs of transportation,
subsistence, and other associated costs incurred by personnel during the term of this Grant Agreement.
Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the
California Department of Human Resources. These rates may be found at:
htto�//www calhr ca goy/emolovees/Pages/travel-reimbursements.asox. Reimbursement will be at the
State travel and per diem amounts that are current as of the date costs are incurred. No travel outside
the State of California shall be reimbursed unless prior written authorization is obtained from the State.
All travel approved expenses will be reimbursed at the percentage rate of the DAC, EDA, or SDAC
Cost Share Waiver. For example, if the Grantee obtains a 100% Waiver, 100% of all approved travel
expenses can be invoiced for reimbursement. If the Grantee obtains a 50% Waiver, only 50%
travel expenses will be reimbursed by these grant funds. 1 gGENOY
ORIGINAL
Grant Agreement No. 4600012955
Page 29 of 39
D.43) TRAVEL— NON -DAC. EDA. or SDAC PROJECT/COMPONENT: The Grantee agrees that travel and
per diem costs shall NOT be eligible for reimbursement with State funds, unless the Grantee's service
area is considered a DAC, EDA, or SDRC. The Grantee also agrees that travel and per diem costs
shall NOT be eligible for computing Grantee Local Cost Share. Travel includes the costs of
transportation, subsistence, and other associated costs incurred by personnel during the term of this
Grant Agreement.
D.44) 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.45) 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.46) 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.
iA6ENCY
�URIGINAL
Grant Agreement No. 4600012955
Page 30 of 39
EXHIBIT E
AUTHORIZING RESOLUTION ACCEPTING FUNDS
X41far SA 17
RESOLUTION NO, KROSA 001-18
A RESOLUTION BY THE KERN RIVER GROUNDWATER SUSTAINABILITY
AGENCY (KRGSA) THAT APPLICATION BE MADE 10 THE CALIFORNIA
DEPARTMENT OF WATER RESOURCES TO OBTAIN A GRANT UNDER THE
3017 SUSTAINABLE GROUNDWATER PLANNING GRANT PROGRAM
WHEREAS, the California Department of water Resources (DWRI is
admirislering the Sustainable Groundwa!er Panning (SGWP) Grant Program
using the funds authorized by the Water Quality. Supply. and Infrostruclure
Improvement Act of 2014 (Proposition 1): and
WHEREAS. DWR will award at least $15 million for cdticohy overdrofted
groundwater basins on a competitive basis of which a maximum grant amount
up to $1.5 million per basin is available; and
WHEREAS, Proposition requires a minimum cost share of 50% of the total
project cost; and
WHEREAS, only one grant well be awarded per basin; and
WHEREAS, the KRGSA represents all polential applicants in the kern
subbasin, and
WHEREAS, on November 2, 2017, KRGSA adopted Resolution No. 001-17
designating staff as the authorized representative to submit an application and
enter info on agreement for an application and execute and agreement with
the Stale of California for a 2017 SGWP Grant; and
WHEREAS, DWR requires a new resolution to be adopted by the
applicant's governing body designating specific positions as the oulhorized
representative to submit the application and execute and agreement wish the
Stole of California fora 2017 SGWP Grant; and
WHEREAS, KRGSA desires to rescind Resolution KRGSA 001-17 and adopt
this Resolution. to oomph/ With the requirements of DWR.
NOW, THEREFORE, BE U RESOLVED, by the KRGSA OS tallows:
I. The above recitals and findings ore true and correct and ore
incarcerated herein by reference.
2. That application be made to the California Department of Water
Resources to obtain a grant under the 2017 Suslainoble
Groundwater Planning Grant Program pursuant to the Wafer
,. 6JPoSn,x't6mpl`Amaa+e...PWe,+w Vpm ,eGN L,vn_K �,
- Page 1 of 2 Pages -
(AGENCY
GRIGItiAL
Grant Agreement No. 4600012955
Page 31 of 39
Quality, Supply, and Infrastructure Improvement Act of 2014
(Proposition 1( (Water Code Section 79700 at seq.(.
3. That either the Board Chair or the Fiscal Agent hereby is authorized
and directed to prepare the necessary data. conduct
investigations, file such application, and execute a grant
agreement with the California Department of Water Resources and
make amendments or changes thereto.
That KRGSA hereby rescinds and declares void Resolution KRGSA
001-17, and will instead use this Resolution for purposes of applying
for the SGW P grant.
-----0000000-----
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
by the Kern River Groundwater Suslcinability Agency on December 6, 2016.
"e-�7 -
Rodney S. Palle, Chairman
t.wr.�cviwc:..eew;avosw..��.iim xd�rms.so.�o...cnwnm io nwrzro um�s...m.r es.;.cm :.croc. IAt'FFJ, iIt
-- Page 2 or 2 Pages •- ORIGINAL
Grant Agreement No. 4600012955
Page 32 of 39
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.
Progress reports shall generally use the following format. This format may be modified as necessary to
effectively communicate information. For the Project, or each component, discuss the following at the task
level, as organized in Exhibit A:
• Percent complete estimate.
• Discussion of work accomplished during the reporting period.
• Milestones or deliverables completed/submitted during the reporting period.
• Meetings held or attended.
• Scheduling concerns and issues encountered that may delay completion of the task.
For each project, discuss the following at the project level, as organized in Exhibit A:
• Work anticipated for the next reporting period.
• Photo documentation, as appropriate.
• Any schedule or budget modifications approved by DWR during the reporting period.
COMPLETION REPORT
The Completion Report shall generally use the following format provided below for each Component or Project
after completion.
Executive Summary
The Executive Summary should include a brief summary of project information and include the
following items:
• Brief description of work proposed to be done in the original Grant application.
• Description of actual work completed and any deviations from Exhibit A. List any official
amendments to this Grant Agreement, with a short description of the amendment.
Reports and/or Products
The following items should be provided, unless already submitted as a deliverable:
• A copy of the Groundwater Sustainability Plan (GSP) that meets all the requirements of the GSP
Regulations (for GSP Development Projects), or verification (e.g., acceptance email, or other
approved documentation from SGMA), that the GSP was submitted to DWR as required.
• A copy of any final technical report or study, produced for or utilized in this Project as described in
the Work Plan
• Electronic copies of any data collected, not previously submitted
• Discussion of problems that occurred during the work and how those problems were resolved
• Final Component schedule showing actual progress versus planned progress
Additional information that may be applicable for Implementation Projects and/or Components includes the
following:
• As -built drawings
• Final geodetic survey informationii ACF.i.CY
• Project or Component photos I ORIGINAL
Grant Agreement No. 4600012955
Page 33 of 39
Cost & Disposition of Funds
A list showing:
• Summary of Project costs including the following items:
o Accounting of the cost of project expenditure
o Include all internal and external costs not previously disclosed (i.e., additional cost share); 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
• Benefits derived from the Component, with quantification of such benefits provided, applicable for
Implementation Components.
• A final project schedule showing actual progress versus planned progress as shown in Exhibit C.
• Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate)
that the project was conducted in accordance with the approved work plan and any approved
modifications thereto.
GRANT COMPLETION REPORT
The Grant Completion Report shall generally use the following formal. This format may be modified as
necessary to effectively communicate information on the various projects in the SGWP Grant Program funded
by this Grant Agreement, and includes the following:
Executive Summary
The Executive Summary consists of a maximum of ten (10) pages summarizing information for the
grant as well as the individual components.
Reports and/or products
• Brief comparison of work proposed in the original 2017 SGWP Grant application and actual work
done.
• Brief description of the Project or components completed and how they achieve either or both of the
following:
o Serve SDAC(s) and support groundwater sustainability planning and management in the
basin (Implementation Projects); and/or
o Support planning, development, and/or preparation of GSP(s) that will comply with and meet
the requirements of the GSP Regulations (GSP Development Projects).
• Identify remaining work and mechanism for their implementation (Implementation Projects).
• If applicable (e.g., If a DAC, EDA, or SDAC Cost Share Waiver was approved), a discussion of the
benefits to DAC, EDA, and/or SDAC as part of this Grant Agreement.
Cost & Disposition of Funds Information
• A summary of final funds disbursement for the Project, or each component.
I ACErcy
ORIGINAL
Grant Agreement No. 4600012955
Page 34 of 39
ExNIBIT 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 in project reports, as described in Exhibit F.
Surface water quality monitoring data shall be prepared for submission to the California Environmental
Data Exchange Network (CEDEN). The CEDEN data templates are available on the 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: htto://www.ceden.org).
If a project's Work Plan contains a groundwater ambient monitoring element, groundwater quality
monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board's
Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program
can be obtained at: http //www.waterboards.ca.gov/water issues/programs/gama/. If further information is
required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program. A
listing of SWRCB staff involved in the GAMA program can be found at:
httrx//www.swrcb-ca.qov/water issues/programs/gama/contact shtml
Groundwater Level Data
The Grantee shall submit to DWR groundwater level data collected as part of this grant. Water level data
must be submitted using the California Statewide Groundwater Elevation Monitoring (CASGEM) online
data submission system. The Grantee should use their official CASGEM Monitoring Entity or Cooperating
Agency status to gain access to the online submittal tool and submit data. If the data is from wells that are
not part of the monitoring network, the water level measurements should be classified as voluntary
measurements in the CASGEM system. If the Grantee is not a Monitoring Entity or Cooperating Agency,
please contact your DWR grant project manager for further assistance with data submittal. The activity of
data submittal should be documented in appropriate progress or final project reports, as described in
Exhibit F. Information regarding the CASGEM program can be found at:
I-
1AGORJENOR 61NCY
ACFNCY
Grant Agreement No. 4600012955
Page 35 of 39
ExHIeIT H
STATE AUDIT DOCUMENT REQUIREMENTS AND COST SHARE GUIDELINES FOR GRANTEES
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 Cost Share and details the
documents/records that Slate 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.
!AGENCY
4. Bank statements showing the deposit of the receipts. ORIGINAL
�URif;IN
Grant Agreement No. 4600012955
Page 36 of 39
Accounting Records:
1. Ledgers showing entries for the Grantee's 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.
Administration Costs:
1. Supporting documents showing the calculation of administration costs.
Personnel:
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 to the program
Protect Files:
1. All supporting documentation maintained in the project files.
2. All Grant Agreement related correspondence.
Cost Share Guidelines
Cost Share consists of non -State funds, including in-kind services. In-kind services are defined as work
performed (i.e., dollar value of non-cash contributions) by the Grantee (and potentially other parties) directly
related to the execution of the funded project. Examples include volunteer services, equipment use, and use of
facilities. The cost of in-kind service can be counted as cost share in -lieu of actual funds (or revenue) provided
by the Grantee. Other cost share and in-kind service eligibility conditions may apply. Provided below is
guidance for documenting cost share with and without in-kind services.
1. Although tracked separately, in-kind services shall be documented and, to the extent feasible, supported by
the same methods used by the Grantee for its own employees. Such documentation should include the
following:
a. Detailed description of the contributed item(s) or service(s)
b. Purpose for which the contribution was made (tied to project work plan)
c. Name of contributing organization and date of contribution
d. Real or approximate value of contribution. Who valued the contribution and how was the value
determined? (e.g., actual, appraisal, fair market value, etc.). Justification of rate. (See item #2,
below)
e. Person's name and the function of the contributing person
f. Number of hours contributed
g. If multiple sources exist, these should be summarized on a table with summed charges
h. Source of contribution if it was provided by, obtained with, or supported by government funds
2. Rates for volunteer or in-kind services shall be consistent with those paid for similar work in the Grantee's
organization. For example, volunteer service of clearing vegetation performed by an attorney shall be
valued at a fair market value for this service, not the rate for professional legal services. In those instances
in which the required skills are not found in the recipient organization, rates shall be consistent with those
paid for similar work in the labor market. Paid fringe benefits that are reasonable, allowable and allocable
may be included in the valuation.
3. Cost Share contribution (including in kind services) shall be for costs and services directly attrib„�
activities included in the Grant Agreement. These services, furnished by professional and to!,Hi,
NA
iVAL
Grant Agreement No. 4600012955
Page 37 of 39
personnel, consultants, and other skilled and unskilled labor may be counted as in-kind if the activities are
an integral and necessary part of the project funded by the Grant Agreement.
4. Cash contributions made to a project shall be documented as revenue and in-kind services as expenditure.
These costs should be tracked separately in the Grantee's accounting system.
Grant Agreement No. 4600012955
Page 38 of 39
EXHIBIT I
LOCAL PROJECT SPONSORS
The Grantee has assigned, for each Component, a Local Project Sponsor (LPS) according to the roles of the
participating agencies identified in Exhibit A, Work Plan. LPSs may act on behalf of the Grantee for the
purposes of individual project management, oversight, compliance, and operations and maintenance. LPSs are
identified for each sponsored component below:
Local Project Sponsor Agency Designations
Sponsored Component
Sponsor Agency
Agency Address
Component 3: Groundwater Model
Kern Groundwater
cfo Provost & Pritchard Consulting Group
Peer Review
Authority
1800 30th Street, Suite 280
Bakersfield, CA 93301
Component 4: Hydrogeologic
Kern Groundwater
Conceptual Model and
Authority
Same as Above
Groundwater Conditions
Component 5: Groundwater
Kern Groundwater
Same as Above
Sustainability Plan Coordination
Authority
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