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11/08/18 KRGSA AGENDA SPECIAL
KERN RIVER GSA Thursday, December 6, 2018 10:00 a.m. City Hall North 1600 Truxtun Avenue, Bakersfield CA 93301 First Floor, Conference Room A AGENDA Board Members: Rodney Palla, Chair Gene Lundquist Bob Smith 1. CALL TO ORDER 2. ROLL CALL 3. PUBLIC STATEMENTS 4. APPROVAL OF MINUTES of the November 8, 2018, Special Meeting 5. NEW BUSINESS A. Correspondence Received (City Clerk) B. Finance Report (Nelson Smith) i. Receive and File Financial Report ii. Request additional cash call of $50,000 per agency ii. Approval of Outstanding Invoices for Horizon Water and Environment (1) and Todd Groundwater (2) C. Update from Management Group (Beard/Chianello/Mulkay) i. Policy Coordination Meeting Update (Mark Mulkay) ii. Update on Draft Coordination Agreement (Robert Hartstock) iii. Undesirable Results Definitions (Mark Mulkay) D. Prop 1 Grant: i. Repeal and Approve Grant Resolution (Art Chianello) ii. Approval of DWR Agreement (Dave Beard) iii. Approval of Subgrant Agreement (Dave Beard) E. Approval of 2019 KRGSA Meeting Calendar 6. COMMITTEE COMMENTS ADJOURNMENT KERN RIVER GSA MINUTES SPECIAL MEETING OF NOVEMBER 8, 2018 Conference Room A, City Hall North, 1600 Truxtun Avenue 1. CALL TO ORDER REGULAR MEETING - 10:04 a.m. ACTION TAKEN 2.. ROLL CALL Present: Chairman Palla, Board Members Lundquist and Smith Absent: 3. PUBLIC STATEMENTS 4. APPROVAL OF MINUTES - of the October 4, 2018, regular meeting Motion by Board Member Lundquist, seconded by APPROVED Board Member Smith, for approval of minutes. 5. NEW BUSINESS A. Correspondence Received from the Kern County Board of Supervisors regarding a hearing for a zone change at 537 Pepper Drive. Virginia Gennaro, City Attorney, responded that it was just information and not related to KRGSA. B. Finance Report i. Receive and File Financial Report ii. Approval of Outstanding Invoices for Horizon Water and Environment (1) and Todd Groundwater (2) Nelson Smith, Finance Director made staff comments. Chairman Palla, asked what the guidelines were for paying for snacks at meetings and what the per diem is for hotel costs. Art Chianello, Water Resources Manager, responded that he will look into those guidelines and get and email sent to the board. Motion by Board Member Smith, seconded by Board APPROVED Member Lundquist, to approve and file the financial report and approve the payments. Bakersfield, California, November 8, 2018 - Page 2 ACTION TAKEN 5. NEW BUSINESS continued C. Management Group Updates (Beard, Mulkay, Chianello) i. Policy Coordination Meeting Update (M. Mulkay) Mark Mulkay, General Manager of Kern Delta Water District, provided update. ii. C2Vsim Model Update (Todd Groundwater) Phyllis Stanin, Vice President of Todd Groundwater, provided a PowerPoint presentation gave additional comments. 6. CLOSED SESSION A. Conference with Legal Counsel — Potential Litigation, Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). Motion by Chairman Palla, to adjourn to Closed Session at 10:39 a.m. Closed Session was adjourned by Chairman Palla at 11:13 a.m. 7. CLOSED SESSION ACTION A. Conference with Legal Counsel — NO REPORTABLE Potential Litigation, Closed Session ACTION pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). B. COMMITTEE COMMENTS IIWE Bakersfield, California, November 8, 2018 — Page 3 ACTION TAKEN 9. ADJOURNMENT Chairman Palla adjourned the meeting at 11:15 a.m. Chair of the Kern River Groundwater Sustainability Agency ATTEST: SECRETARY of the Kern River Groundwater Sustainability Agency Report of Receipts and DisbUrsements for the 2018-19 Fiscal Year Report information as of Noveimber 30, 2018 Beginning Balance of KRGSA Trust as of July 1, 2018 $ 204,090,68 Date Amount Received Receivedfrorm Received 7/1/2018 City of Bakersfied Paid Payee 7/1/2018 Kern Dea Water District by RGSA on: 8/10/2018 7/1/2018 Kern County Water Agency $ 6,09,72 .30 8/2/2018 7/9/2018 die nry Mffler WatRr District GUMP 5,230.07 8/7/2018 Kern Groundwater Authority G UMP 15,3,594,65 7/30/2018 Buena Vista Water Storage Distdd GUMP 9,597,00 11/5/2018 Kern GrOUndwater Auflsorfty Reirilb, 2,470,52 11/16/2018 Henry Miller Water Distdct GUMP 5,230X 11/26/2018 Buena Vsta Water Storage DistOct 'SUMP 9,59'7.00 10/4/2018 Kern Groundwater Authoirfty GUMP 6818511. 'natal Receipts in ths Fisca� Year 11/16/2018 'rood Groundwater S:\Accounflng\KRGSA\report, of recOpts and dMursernents 2013TrUst Acflv�ty - FY 18-19 11/30/201810:42 AM Authorized Date COB Check Aniount for payment Paid Payee Number Paid by RGSA on: 8/10/2018 "Todd Groundwater 678868 $ 6,09,72 .30 8/2/2018 8/10/2018 Horizon Water & Environrnerrtal 678844 %925,20 8/2/203.8 8/10/2018 Kern G rots ndwater Authorfty 678848 9,683,76 8/2/2018 9/14/2018 Todd Groundwater 68()462 66,12LO7 9/6/2018 9/14/2018 Horizon Water & EnvironMental 680452 8,063.54 9/6/20:18 10/12/2018 Todd Groundwater 681,868 58,346,39 10/4/2018 10/12/2018 Horizon to & Envir-oninental 6818511. 4,,027,79 10/4/2018 11/16/2018 'rood Groundwater 683354 56,881.49 11/8/2018 11/16/2018 Horizon Water, & Environmeat ai 683333 9,072.02 11/8/2018 Total Disbursements inthis Fiscal Year Balance in KRGS A Trust as of report date $ 57,967�43 (city trust account. 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Box 2727 Oakland, CA 94602 510-986-1851 kcn((�horizonh2o.com www.horizonh2o.com Bill To Kern River Groundwater Sustainability Agency Bakersfield City Clerk's Office 1600 Truxtun Avenue Bakersfield, CA 93301 Date Invoice # Project 10/25/2018 3230 16.036 Groundwater Sustainability Plan Personnel/item Description t Amount Kern River Groundwater Sustainability Agency 1(37/ Terms KRGSA Contract 16-001 For services rendered September I - 30, 2018 Net 45 Personnel/item Description Hrs/Qty Rate Amount Kern River Groundwater Sustainability Agency KRGSA Contract 16-001 For services rendered September I - 30, 2018 Kenneth Schwarz Principal 1.66 210.00 348.60 Debra Lilly Sr. Associate 1.75 175.00 306.25 Sandra Wieder Admin 0.25 75.00 18.75 Subtotal 673.60 Self -Help Enterprises Inv. CD.Horizon-04 2,482.75 2,482.75 8-1/2x11 Color Print 1 1.00 1.00 8-1/2x11 Photocopies 19 0.15 2.85 Total Reimbursable Expenses 2,486.60 Markup 8.00% 198.93 Total Reimbursable Expenses 2,685.53 For Services provided through $3,359.13 September 30, 2018 Invoice Total Approval Signature Horizon Water and Environment, LLC is a California Limited Liability Company and a Certified Small Business (#52574) ui _9 I�pp R I.R 1.0 I .4� G. 0 u Ci ll� Z u WW' M WSMP (0 M 0) SN fl- CM Z z (D cli C14 C4 Cl) V7 cli a co LU to Ix Efl St} 69 ull m m 61). 61) 40 in 'It 0 uj J Cp co sh V LO CN CO U) 0 eM- N 00 ea C'N! 04 C14 V*! -1 (0 N CO 0 00 0) N 00 C14 04 L6 Cl) LO OD rn L,ai Z (0 r CR C%j "q U �p cl: 0 CV7 a cr. > cli :) z u 64). 64 619` � � &I, Q9, 64 vj} >* SNL, 0 04 0 *t N v 0 04 0 tc) O N LO 0 F - co 5co (.0 M LO 00 0 r r- 04 ni 0 UJN G! N CV 00 OD C14 CO 04 04 cNi cr) 0 LU CK Cp CLfiq 6n m m 61i 61*1 6% 69 40 0 008 8888 8 (D I w E D r,.Z r� ni w ci r� o6 N r-� r, (yi -t o6 0 o6 M (.D co 0 CL c6 ry� %F 4 Ln m oo Mi . V-4 M rN r4 M 14 M 0� 9 01 M to CL M (U o 2 0 U < c ?: 0 , c 0 '-- ai a aj m r_ c 0 r- M w W m . r- V) w CL V, C M :2 *0 C C) m Y 0 CL .0 ' -0 m"0c 4. C = C 0 � m Lei (D m -0 c m c (u m — E m r- - 0 3. Qj . c E 0 " E U 0 5; P CL w u w 0 0. m cc CL cu u CL a - CL c M cUO M V) (D M co (U CL V) (D (A, (D R: a: -0 I CL cql (14 m -T Ln I.Di r, 1 00 Horizon Water and Environment, LLC 266 Grand Ave. Ste 210 Oakland, CA 94610 Date: Client: Project: Project Manager: Project Scope: Group By: Task 09/01/18 to 09130/18 KRGSA-Kern River Groundwater Sustainability Agency 16.036 -Groundwater Sustainability Plan (GSP) Kenneth Schwarz Task Detail 2. Basin Coordination Lilly, Debra Subtotal for 2. Basin Coordination 8. General Program Communications & Schwarz, Kenneth 8. General Program Communications & Schwarz, Kenneth 8. General Program Communications & Wieder, Sandy 8. General Program Communications & Schwarz, Kenneth 8. General Program Communications & Schwarz, Kenneth Subtotal for 8. General Program Communications & Mtgs Total 1.76 $306.25 9/25/2018 $210.00 0.33 $69.30 9/25/2018 $210.00 0.50 $105.00 9/21/2018 $75.00 0.25 $18.75 9/512018 $210.00 0.33 $69.30 9/4/2018 $210.00 0.50 $105.00 1.91 $367.36 3.66 $673.60 INVOM Fmm, 69rfi P= Awoke At Date Dent vdmi . . ......... . . . . WE Whcnphon— .. 1w dmouilr, 11-1�.11,111-11,11,11-11,11��"-�,�"-""�.-,-,-�.11-11-1�",� ... .. ..... .1111-1--l-I..", . ...... DueO I mpensm" t — , 1---l.- ..... .... . -11-11,11,111-11, ...... ..... . ... "I ; � , - p j , " w i, P 10/25/2018 Restart -Device Preferences Paper Settings Timer/Energy Settings Network Settings External Interface Volume Settings Function Settings Common Settings Copy Printer Send Receive/Forward Store/Access Files Set Destination Management Settings 13 User Management Device Management License/Other Data Management http://10.I0.1.20:8000/rps/csp.cgi Remote UI : Department ID Management: iR-ADV C5045: iR-ADV 05045 Settings/Registration : Management Settings User Management > DepatIment ID M@nagement > Edit Department Dept. ID: 16036 Total Color Prints Change PIN Total Black Prints 19 PIN : 0 (Max 7 digits) Confirm: Color Print: (Max 7 digits) .......... ..... ... Page Limits ..... . ....... ... ... . ..... Total Prints 0 (0-999999) Total Color Prints 0 (0-999999) Total Black Prints 0 (0-999999) Color Copy: 0 (0-999999) Color Scan 0 (0-999999) Color Print 0 (0-999999) Black Copy: 0 (0-999999) Black Scan: 0 (0-999999) Black Print: 0 (0-999999) UTMXVMT H Total Prints : 20 Total Color Prints I Total Black Prints 19 Color Copy: 0 Color Scan 0 Color Print: 1 Black Copy: 0 Black Scan 0 Black Print 19 Clear Count Copyright CANON INC. 2010 All Rights Reserved GROUNDWATER 2490 Mariner Square Loop, Suite 215 Alameda, CA 94501 510/747-6920 Federal ]D# 94-2490748 BILL TO: Kern River Groundwater KRGSA 16-002 Sustainability Agency Bakersfield City Clerks Office 1600Truxtun Avenue Bakersfield, CA 93307 Project No: 62306 Kern River GSA GSP DESCRIPTION Professional services in connection with a Groundwater Sustainability Plan. Phyllis Stanin Kate White Maureen Reilly Chad Taylor Professional Set -vices Subtotal Communications Fee (a) s, 2% of Professional Services Administrative/Secretarial: Sheila Gould DATE 11/8/2018 .Invoice INVOICE NO. 62306 10-18 11OURS RATE AMOUNT 16.75 220.00 3,685.00 14.25 210.00 2,992.50 27.5 200.00 5,500.00 20.5 200.00 4,100.00 16,277.50 16,277.5 0.02 325,55 0,25 100.00 25.00 Oct, I - 31, 2018 $16,628.05 This invoice is naw due and payable. Balances unpaid over 30 days accrue 1.5% interest per month. If payment for previous charges has been sem, please accept our thanks and disregard our reminder of previous unpaid charges, r IS' Ir -1 - — - — ---- - - -------- ------- -- -- -- — --------- ---- --------- - - - ----- ----- ----- - ----- - ------ ------ ------ ----------- -- — ----- ----- ----- ---- ------ ------ ------ ------ ------- ----- ------ . . . ......... . . ...... . . ....... . . .... .... . ....... . .............. ...... ...... ...... . . .... ... ........ ... . ... .............. ....... ........ ...... . ............ ............... ............... ............... ............ . . . ...... ...... ...... ... .. 1� . N %4 41Y -- b - - - (PW NYY - - ffl tIS - ilY - - Sri - - - - - lAb - - EIr - WO tYS - 4.Y - - 4a UY - - .......... - - - J+ - - - � S, . . .. ..... ..... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 d9 M InCi YA ar tV ------- - - - - - - - - ---- - ------ - -------- - - - - - - - - - - - - - - - - - - - 1. - --- ---------- ------ ------ ------ ------ ------------ ------- - . ....... . ....... . ......... .... IF . ...... ............... ............... ............... ............... .............. - ..... . . ....... . ............ . .............. . ............. - .. ... ....... ------ ------ ------- -------- ---------- - 7� --- ------- I ------ ------ ------- ------- ---------- - 7- - --- ---------- -- - ------ ------ ------ ------ ------- ---------- ------ ------- ------ ------- ------- ---- -- - -- - pt p iv 9 4 G�ir Z44 P p - - - - - - - - - ...... ........ --------- ---------- ------------- - -- --- ------ --- r . ......... . . . ....... ............. . ........... . ........... ................... ..... ....... ............. ............ .............. ............. ...... ..... . ................... - ----- ----- ---------- ------- ----- TODD GROUNDWATER 2490 Mariner Square Loop, Suite 215 Alameda, CA 94501 510/747-6920 Federal JD# 94-2490748 BILL TO: Kern River Groundwater Sustain. Agency Bakersfield City Clerk's Office 16001'ruxtun Ave. Bakersfield, CA 93301 Project Na: 62307-KRGSA Subbasin Modeling DESCRIPTION Professional services in connection with SUbbasin modeling for GSI' water budgets, Phyllis Stanin Mike Maley Maureen Reilly Chad 'Taylor Professional Services Subtotal Communications Fee @ 2% of Professional Services Adrninistrative/Secretarial: Sheila Gould Outside Expenses: Parking/Toll Car Rental & Gas Flotel Accommodations L.ocal Mileage @ ..545/mile Outside Consultants: Hydrolytics LLC Standard expense fee @ 10% of total Outside Expenses Attached find Budget Tracking Summary "fable DATE 11/8/2018 HOURS Invoice INVOICE NO. 62307 10-18 FtXM 0.75 220.00 100.5 215.00 9.5 200.00 0.5 200.00 23,772.5 0.02 0.25 100.00 165 24,75328 5.00 150.35 117.91 0.545 24,390.09 0.10 Oct. I - 31, 2018 AMOUNT 165.00 21,607.50 1,900.00 100.00 23,772.50 475.45 5.00 150.35 117.91 89.93 24,390.09 2,475.33 $51,501.56 This invoice is now due and payable. Balances unpaid over 30 days accrue 1.5% interest per month. If payment for previous charges has been sent, please accept our thanks and disregard our reminder of previous unpaid charges. q, C7 0 LO w N m C E 0 e 0! 0) Lo (o 00 C4 0) IR -M C� Ob 4) G M N 04 LO E to). 40 6191 Vill If* 40 6% 0 w to LO m D 0 m 0 N W) 1, SAO 'i r, W� tTI N 11" CI) (0 toa) O F- 6F., 40 1 44 4a 1 M). 1 0). 44 0 cz 4 U) M 0 > to W N VZ W) vY, 40 1 6n, to), 4F1 401k m 04 w to It m 00 W) 00 0 Ci LO W O i N Ic: 0 00 CL W) V, Ln 3 44 V). 40), 4.4 40 to 4A 04 LO r, to w w 00 N (D C-4 OD 11 LO 01 VL 0� q It It Lq to M OD 0) N V d4 dA f!4 ER IA f9 E9 23 CID 41 CL co 0 7; 0 m m rR E E 0 c 0 0 0 E E m 0 -6 m C 0 > 4)m IX m E 0 U) V) m (1) m w m U) U) F`° �-I I- I F- F- Hydrolytics IL =7AFM j Sacramento, CA 956B Tel- 530-522-8746 Fax: 91&-971-1522 Attn: Accounts Payable Alameda, CA 94501-1080 . . . .... . I(ern County C2VSim R4odeging Support Attn: Michael Maley DeScAption QLY Rate . .... ..... .. Anmnt Professional. services, Task 1. Technical Adviceand Assistance fbir the C2V5m Charles Brush 733.00 T80.00 23,940.00 outside o(penses, Task is Technical Advice and Assistance for the C2VSim Travel to Bakersfield 10/25-2612018 Drive to Bakersfield (282 mi) 282 0.545 153.69 Hotet 1 142.71:: 142,7" Drive to Sacramento (?-82- mi) 282 0545 153L9 III 1 11 1 1 , I 111111 11111111111111111 111, 1 Jill Jill I`I I� 1 11 1 1 ; !I!!1jj ii Xii! 1111,11 : i: I I I lij!I!�:!J11 � � I Day Nme I Charles Brush Task 2 Charles Brush Task 1 3 Charles Brush Task I 4 Charles Brush Task I 5 Chad es Brush Task 6 7 8 Charles Brush Task 1 9 Ches Brush Task *1 10 Chary Brush Task I 11 Charles Brush Task I 12 Charles Brush Task I 13 14 Chades Brush Task'1 15 Charles Brush Task 1 16 Charles Brush Task 1 17 Charles Brush Task 1 18 Charks Bmsh Task I 19 Charles Brush Task 1 20 Charles Brush Task 1 21 Charles Brush Task Chades Kush Task I )R Chary Brush Task I 24 Charles Brush Task 1 25 Charles Brush Task 1 26 Charles Brush Task. I 27 28 Charles Brush Task 1 29 Charles Brush Task I 30 Charles Brush Task 1 31 Chades Bmsh Task I 7.5 SJR 6.0 U-0 45 1-5 5-5 3.0 3. 25 3a 4.0 1.0 2.0 7JD 2.0 9.0 5.0 U 1.0 7.0 6.0 5.5 133.0, A WWW' All , WIN 11 4.1 Hydr-olytics vow HIAW16M ME 240 Rak OAs MW 9311, -Saaamenlo, CA 95325 November 1, 2018 Todd Groundwater Attn: Accounts Payable 2490TATM��- �, � a—� Alameda, CA 94501-1080 To Whom It May Concern: Enclosea o7rU=1T 70TY r [-Cts-� i t -e referenced project for October 2018. I !I III I I Sincerely, C Chades F. Brush, PE PhD Four Points Hotel Bakersfield 5'101 California Ave Bakersfield, CA 93309 United States Tel: 661-325-9700 Fax: 661-323-3508 MICHAEL MALEY 4/' A& J F 0j U R P(D) I N T S BY SHERATON Page Number 1 Guest Number 1020996 Folio ID A Arrive Date 25 -OCT -18 17:04 Depart Date 26 -OCT -18 10:46 No. Of Guest 1 Room Number 353 Club Account SPG - R8443 Four Pts Baker BFLFP OCT -26-2018 10:46 AMANDA AK 25 -OCT -18 RT353 Room Chrg - Standard Retail _.Chap 161.00--, 25 -OCT -18 RT353 Room Tax -19.32 25 -OCT -18 RT353 occupancy/Tourism 0.31 26 -OCT -18 VI Visa -6246 -180.63 ***For Authorization Purpose Only*** xxxxxx6246 gyp. a Date Code Authorized 25 -OCT -18 09771C 225.4 Total *** Balance 180.63 -180.63 0.00 I agreed to pay all room & incidental charges. The BUZZ on Caffeine - Sure caffeine stimulates the brain, but it also hides your hunger. It is not a proper fuel replacement. If you must have coffee, try limiting it to 16 oz. per day. Tell us about your stay. www.fourpoints.com/reviews 00 Lo LO C -i 00) Cw W 9 � Q s ) � � civ C,4 N N mtsacc7 ° (] z c mer � LIA 00 IT c Tki CD(YJ c6 J ;.f., 0,...._ 11 I 0 CD T T II cc C\j co In co co co m Lo CN LN co (a .E.) < c tt�iv CLT J Ca] T r CC) C 3 J 6Z Z- S- a_ S- JI Vic3 z x In to Z CC od I. X, W Q r, M 0 C0 �I � � G—.. sz� jI CC].. � J L 1 i 7i C J C C 7 COCGa p� U J _ o to fr7J d Cr C7 + CL CC CL LL U ii K e° x iw O W O C) � 4 yrs ua frr rn Fn e5 -i"" Uj W co Q cavi 1 w o yw. Ill w C) d Lir W w car C4 (►�' C"i Cl Z L tC a L Ci U) O W } cn urW O— LIJ -1 �d C7 u SCC H O 0 ^^' Cl. CSG to X W W O tdfl a d° CV Ci F- H Ccs W F-- W f.-- CL o C7w co W W W W X47 w w m W ` L!a fes- W Q co w w rA Q a CC w tr_Lu'� ca iia ms>„ ZZZZW Zz rri u� r- .r. W �, w o C.7 o o o ' � o °rte. �.t °C'� °° "' c) w nom-' ,i, <n a a n o �C ( C1 tsa W W Uj a 4 ccc Lk pdddd�Qtio°u� `�"y'py rn a d y> LQ ,� x m N s a LY.�. (" U) Y -I KC d F- z cy (n T <- U7 C7 O Cn 00 U) mm -0 <L, c+0 LL O� ddw E:;W , jF-� iuj W`7 ()00,�� '��� � y{�� u.iiLi wW�rn C1�iZZLU dN I- w fJ~ f=-.— ---� L1 LUQ _.., Vi U` o d � W Kt fl' CC.' -' - 6 Com) 4 °;,uao c}}{{yy"{{E�"d zx � Tw WWLU z ate° z wm 0CoZ?w<LLJ arcC+Q�'� �' f�J �CW.7D�-a�d L�t�iaW W CY d�LL fa? vs (7 :.a CL [L . Ui > F- f—F-- 0 f'3 U-0—�^ i � LL_ � ? z (J tY_ p'_ t- W. o w fL t Q F -- W CC C7 LL - 0 � 1 CO C) Lc - 0 uj LU d Introduction: • Management areas shall be identified by the basin and shown on exhibit "A". • Representative Monitoring Locations shall mean the locations within the basin which are identified and designated by the GSA's for purposes of monitoring sustainability indicators. • Critical Infrastructure shall mean facilities which are utilized to provide public services such as water, utilities, and or transportation service for a region. • Prolonged Drought —The undesirable results herein take into account the accommodation of a prolonged drought as defined in DWR's BMP. Chronic Lowering of Water Levels — The point at which significant and unreasonable impacts over the planning and implementation horizon, as determined by depth/elevation of water, affect the reasonable and beneficial use of, and access to, groundwater by overlying users. This is determined when the minimum threshold for groundwater levels are exceeded in at least three (3) adjacent management areas which represent at least 15% of the sub -basin or greater than 30% of the Sub -Basin (as measured by each Management Area). Minimum thresholds shall be set by each of the management areas through their respective Groundwater Sustainability Plans. (Include a time period?) Groundwater Storage — The point at which significant and unreasonable impacts, as determined by the amount of groundwater in the basin, affect the reasonable and beneficial use of, and access to, groundwater by overlying users over an extended drought period. (10 -years?) This is determined when the volume of storage (above the groundwater level minimum thresholds) is depleted to an elevation lower than the groundwater level minimum threshold in at least three (3) adjacent management areas which represent at least 15% of the sub -basin or greater than 30% of the Sub -Basin (as measured by the acreage of each Management Area). Minimum thresholds shall be set by each of the management areas through their respective Groundwater Sustainability Plans. (Include a time period?) Degraded Water Quality Trends — The point at which significant and unreasonable impacts over the planning and implementation horizon, as caused by water management actions, that affect the reasonable and beneficial use of, and access to, groundwater by overlying users. This is determined when the minimum threshold for a groundwater quality constituent of concern is exceeded in at least three (3) adjacent management areas which represent at least 15% of the sub -basin or greater than 30% of the designated monitoring points within the basin. Minimum thresholds shall be set by each of the management areas through their respective Groundwater Sustainability Plans. (Include a time period?) Land Subsidence Trends — The point at which significant and unreasonable impacts, as determined by a subsidence rate and extent in the basin, that affects the surface land uses or critical infrastructure. This is determined when subsidence results in significant and unreasonable impacts to critical infrastructure as indicated by monitoring points established by a basin wide coordinated GSP subsidence monitoring plan. RESOLUTION NO. A RESOLUTION BY THE KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY (KRGSA) THAT APPLICATION BE MADE TO THE CALIFORNIA DEPARTMENT OF WATER RESOURCES TO OBTAIN A GRANT UNDER THE 2017 SUSTAINABLE GROUNDWATER PLANNING GRANT PROGRAM WHEREAS, the California Department of Water Resources (DWR) is administering the Sustainable Groundwater Planning (SGWP) Grant Program using the funds authorized by the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1); and WHEREAS, DWR will award at least $15 million for critically overdrafted groundwater basins on a competitive basis of which a maximum grant amount up to $1.5 million per basin is available; and WHEREAS, Proposition 1 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 potential 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 into an agreement for an application and execute and agreement with the State 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 authorized representative to submit the application and execute and agreement with the State of California for a 2017 SGWP Grant; and WHEREAS, KRGSA desires to rescind Resolution KRGSA 001-17 and adopt this Resolution to comply with the requirements of DWR. NOW, THEREFORE, BE IT RESOLVED, by the KRGSA as follows: The above recitals and findings are true and correct and are incorporated herein by reference. 2. That application be made to the California Department of Water Resources to obtain a grant under the 2017 Sustainable V f.i \ i� 1\ 1, a a\�ti„ a f\� i�,-t�., \J III, ,",�w�Vliu I( ':;v II( \C Iia�lkIII Uullorr I,\ 22 ,:7, A�.< <�,u i 11 i -,in ,' "'A -, Allow nAI p a ;I loll -, > �1 u I I,kIII (,, I4\1,1(,"o,,\ I/ I WIM a lF I R,x Ie, Iii<iF, x<<Iw -- Page 1 of 2 Pages -- Groundwater Planning Grant Program pursuant to the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) (Water Code Section 79700 et 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. 4. That KRGSA hereby rescinds and declares void Resolution KRGSA 001-17, and will instead use this Resolution for purposes of applying for the SGWP grant. -------- 0000000 -------- I HEREBY 000000 -------- HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Kern River Groundwater Sustainability Agency on November 2, 2017. Rodney S. Pallia, Chairman V f.i \ i� 1\ 1, a a\�ti„ a f\� i�,-t�., \J II I,)''Iv",Aliu I( ':;v II( \C Iia�lkIII Uullorr I,\ 22 ,:7, A�.< <�,u i 11 i -,in ,' "'A -, Allow nAI p a ;I loll -, > �1 u I k I II ( ,, I4\w.( 'o"V I/ I WIM alFI R', I e, li i< iF, x<< I w'x -- Page 2 of 2 Pages -- GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY AGREEMENT NUMBER <46000XXXXX> 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 (Kern River GSA), 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 et 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 GSP, implemented in accordance with the Work Plan as set forth in Exhibit A, will be: adopted by the applicable Groundwater Sustainability Agency (GSA); obtain the necessary desirable results of Sustainable Management Criteria; or, meet all of the evaluation and assessment criteria when submitted to 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) GRANT AMOUNT. 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 et 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. 4. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State: Grant Agreement No. 46000XXXX Page 2 of 40 a. Final plans and specifications certified, signed, and stamped by a California Registered Civil Engineer as to compliance for each approved project as listed in Exhibit A of this Grant Agreement. b. Work that is subject to the California Environmental Quality Act (CEQA) and or environmental permitting shall not proceed under this Grant Agreement until the following actions are performed: (1) The Grantee submits to the State all applicable environmental permits as indicated on the Environmental Information Form to the State, (2) Documents that satisfy the CEQA process are received by the State, (3) The State has completed its CEQA compliance review as a Responsible Agency, and (4) The Grantee receives written concurrence from the State of Lead Agency's CEQA document(s) and State notice of verification of environmental permit submittal. The State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project or to require changes, alterations or other mitigation. The Grantee must also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/implementation. c. A monitoring plan as required by Paragraph 18, "Monitoring Plan Requirements", if applicable for Implementation Components/Project(s). 6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non-interest bearing account and shall be used solely to pay Eligible Project Costs. 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. Grant Agreement No. 46000XXXX Page 3 of 40 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 or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee; non -project -specific accounting and personnel services performed within the Grantee's organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non -project -specific facilities; tuition and conference fees; 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. 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 salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). 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 23, "Project Representative." Grant Agreement No. 46000XXXX Page 4 of 40 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 Form" specific to the DAC. 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 23, "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 Grant Agreement No. 46000XXXX Page 5 of 40 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 Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction. 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 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. 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 Grant Agreement No. 46000XXXX Page 6 of 40 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: 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 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et 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 Grant Agreement No. 46000XXXX Page 7 of 40 and DWR deems the UWMP consistent. For more information, visit the following website: https://www.water.ca.gov/ProgramsMater-Use-And-Efficiency/U rban-Water-Use-Efficiency/U rban- Water-Management-Plans. 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, et 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/\Nork-With-Us/Grants-And-Loans/Agriculture-Water-Use-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 responsible for obtaining 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(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. Grant Agreement No. 46000XXXX Page 8 of 40 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 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 any and all supporting documentation. This condition is only required in basins where GSAs 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 project/component 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 shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within 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 Grant Agreement No. 46000XXXX Page 9 of 40 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) MONITORING PLAN REQUIREMENTS. Pertinent to Implementation Projects or Components, a Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate items defined and listed in Exhibit K. 19) 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 et 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. 20) 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. 21) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means: 1. By delivery in person. 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. 22) 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. 23) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows: Department of Water Resources Arthur Hinojosa Chief, Division of IRWM P.O. Box 942836 Sacramento, CA 94236-0001 Phone: (916) 653-4736 Email: Arthur. Hinojosa(awater.ca.gov 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: Arthur. Hinojosa(awater.ca.gov Grant Agreement No. 46000XXXX Page 10 of 40 Kern River Groundwater Sustainability Agency c/o City of Bakersfield Nelson Smith Finance Director 1600 Truxtun Avenue Bakersfield, CA 93301 Phone: (661) 326-3742 Email: nsmith@bakersfieldcity.us Kern River Groundwater Sustainability Agency c/o City of Bakersfield Art Chianello Water Resources Manager 1000 Buena Vista Road Bakersfield, CA 93311 Phone: (661) 326-3715 Email: achianel@bakersfieldcity.us' Either party may change its Project Representative or Project Manager upon written notice to the other party. 24) 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 — Grantee Resolution 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 Grant Agreement No. 46000XXXX Page 11 of 40 IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES Kern River Groundwater Sustainability Agency Arthur Hinojosa, Chief Nelson Smith Division of Integrated Regional Water Financial Director Management Date Date Approved as to Legal Form and Sufficiency Robin Brewer, Assistant Chief Counsel Office of Chief Counsel Date Grant Agreement No. 46000XXXX Page 12 of 40 EXHIBIT A WORK PLAN Project Title: Kern County Subbasin Groundwater Sustainability Plan Support - 2017 Grant Application Project Description: The Grantee's Kern County Subbasin Groundwater Sustainability Plan Support - 2017 Grant Application (Project) consist of six components: 1) Grant Administration, 2) Groundwater Modeling, 3) Groundwater Modeling Peer Review 4) hydrogeologic conceptual model (HCM); 5) Coordination Development, and 6) groundwater sustainability plan (GSP) for the for the Kern River Groundwater Sustainability Agency (KRGSA) service area. The Grantee will complete all Components 1, 2, and 6. The Kern Groundwater Authority Groundwater Sustainability Agency (KGA) will complete component 3 through 5. Component 1: Grant Administration Implementing Agency: Grantee Category (a): Grant 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 tasks in the Work Plan, and compile 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 Report addressing the DWR Project Manager's comments and submit to DWR in accordance with the provisions of Exhibit F. Deliverables • Executed Grant Agreement. • Executed Grant Agreement Amendment(s) (if necessary) • Environmental Information Form • Progress Reports • Invoices and associated backup documentation • Completion Reports for Components 2 and 5. • Draft and Final Grant Completion Report Component 2: Groundwater Modeling Implementing Agency: Grantee Develop a current and historic water budget for the entire Kern County Subbasin using a regional groundwater model developed by the DWR, referred to as C2VSim. Category (a): 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. Grant Agreement No. 46000XXXX Page 13 of 40 • 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 project 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 (b): Basin Modeling 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 Completion Report in accordance with Exhibit F. Deliverables: • Invoice associated backup documentation • Component Completion Report 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 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 will for the C2VSim data updates. Will review of the C2VSim model inputs and outputs, identify data gaps, provide revision recommendations, and complete revisions (as necessary). The results of the peer review of C2VSim model will be documented and presented to the KGA Basin Coordination Committee. Deliverables: 0 Technical Memorandum on C2VSim peer review results Grant Agreement No. 46000XXXX Page 14 of 40 Component 4: Hydrogeologic Conceptual Model and Groundwater Conditions Implementing Agency: KGA Category (a): Component Administration Prepare invoice back up documentation. Prepare Completion Report in accordance with Exhibit F. Deliverables: • Invoice associated backup documentation • Component Completion Report 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 portions of Kern County Subbasin GSPs. 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 Completion Report in accordance with Exhibit F. Deliverables: • Invoice backup documentation • Component Completion Report 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 support efforts for meetings to support and participate in meetings, development of technical material to support the collaborative discussions and frequent person to person meetings with Grant Agreement No. 46000XXXX Page 15 of 40 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 Subbasin. Deliverables: • Meeting notes, agendas • Summary of work conducted to develop Coordination Agreement • Coordination Agreement for the Kern Subbasin Grant Agreement No. 46000XXXX Page 16 of 40 Component 6: GSP Development Implementing Agency: Grantee Category (a): GSP Development Prepare a GSP for Kern River Groundwater Sustainability Agency 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 setting — Characterize basin conditions. Address topics that may include the Hydrogeologic Conceptual Model, current and historical groundwater conditions, water budget, and management areas. 3. Develop sustainable management criteria — establish the sustainability goal, analyze undesirable results, and identify minimum thresholds and measurable objectives. 4. Develop monitoring 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, and develop the GSP, to include generating Administrative Draft, Draft, Final Draft, and Final GSPs. 6. Stakeholder Outreach - Conduct workshops, communication, notifications, and adoption hearing — provide stakeholder outreach and public notices for the project, to include generating a list of interested persons, conducting communications with stakeholders and beneficial users, conducting public hearings and project meetings, and all project communications and project management. 7. Coordination and coordination agreements — coordinating with relevant GSAs and developing white papers and coordination agreements. Deliverables: • Meeting Minutes, Sign -in sheet, Outreach Material • Coordination Agreements • Draft GSP for Kern River Groundwater Sustainability Agency • Proof of GSP submittal to DWR Grant Agreement No. 46000XXXX Page 17 of 40 EXHIBIT B BUDGET *The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. Grant Agreement No. 46000XXXX Page 18 of 40 *The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. *The Grantee received a 100% cost share waiver. Grant Agreement No. 46000XXXX Page 19 of 40 *The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. *The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. Grant Agreement No. 46000XXXX Page 20 of 40 *The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. Grant Agreement No. 46000XXXX Page 21 of 40 EXHIBIT C SCHEDULE Grant Agreement No. 46000XXXX Page 22 of 40 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 State at any and all reasonable times. b) Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be deposited in a non-interest bearing account, administered, and accounted for pursuant to the provisions of applicable law. c) Remittance of Unexpended Funds: The Grantee shall remit to the State any unexpended funds that were disbursed to the Grantee under this Grant Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from the State to the Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant Agreement, whichever comes first. D.2) ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: The Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee's headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the 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 et 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 11 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 with respect of all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of the Grantee or its contractor or subcontractors shall Grant Agreement No. 46000XXXX Page 23 of 40 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 11. D.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 state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.; and b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. D.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. Grant Agreement No. 46000XXXX Page 24 of 40 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 Workplace Act of 1990 (Gov. Code § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: a) Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code Section 8355. b) Establish a Drug -Free Awareness Program, as required by Government Code Section 8355 to inform employees, contractors, or subcontractors about all of the following: Grant Agreement No. 46000XXXX Page 25 of 40 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 modifications 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. f) 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 State and shall not be deemed to relieve or restrict responsibilities of the Grantee under this Agreement. Grant Agreement No. 46000XXXX Page 26 of 40 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. The Grantee certifies that it has a Labor Compliance Program (LCP) in place or has contracted with a third party that has been approved by the Director of the Department of Industrial Relations (DIR) to operate an LCP. Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR's Public Works Manual at: http://www.dir.ca.gov/dlse/ PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision. D.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 to the Grant Agreement No. 46000XXXX Page 27 of 40 budget are changes that only result in reallocation of the budget and will not result in an increase in the 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 et 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 performance of this Grant Agreement shall be made available to the State and shall be in the public domain to the Grant Agreement No. 46000XXXX Page 28 of 40 extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to the State for financial support. The Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose. D.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.38) TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, 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 11. D.39) TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination. D.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: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. 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% of eligible travel expenses will be reimbursed by these grant funds. Grant Agreement No. 46000XXXX Page 29 of 40 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 SDAC. 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. Grant Agreement No. 46000XXXX Page 30 of 40 EXHIBIT E AUTHORIZING RESOLUTION ACCEPTING FUNDS *"'I, M.,0 gliff �44, " Mffir4 - MIJ"ARM"'IL" WHEREAS, the Colifornio Department of Water Resources ( ) is odrninisteting the S str iarro le Groundwater Planning (SGWP) Grant Progrom using the funds outhonized by the Woter Quality, Supply, and Infrastructure acre Improvement Acl of 2014 (f rc r sltuon I); rm WHEREAS, AS, DWS wM mord art least 15 million for crffcally over'drofted groundwater b slrus a rs c corripetifive t rrsls of wNch ur maximum girant amount up t t a5 rr ithon per gastro is ur 11 rbt on WHEREAS, roposlll ru f requires a minimum cost sho. re of 5 of'the to tol project cost, and WHEREAS, my one grarit will be aworded per basin, an WHEREAS, ihe IKRGSA has been authorized d and designoted to represent all potrrrrilr l opplicants in theKern Subbosiru, on WHEREAS, EAS, R requires fr c resolution adted by the r intc rwt's governing fancy designoting an outhorized representative to, sub mlf the r ricotl mr ond execute on agreement wwulth the State of C fife amiss fuer a 2017 SGWP Grant. NOXTHEREFORE, BE IT RESOLVED, by the KR,GSA ois fall l e That the above recitals is and findings are truss oind correct and erre incotporoted herein by reference. 2. That m mptiucc ufl rr be made to DWR to u f fc art o front under the SGWP Grant Program purwont to the 'oter Quolity, Supply, and trmtrcrstruc fra a lr t°rrovernermt Act of 2014 (rc sifion f) (Water Code Secflcrrm 797100ref se .). That slaft is hereby r urfhort r rf ond d�ir,ected to fir°aspera the necessary dolo, conduuc t investigations, Me such oprAic tau ru, on execute a grant ogreement with DWR r,�010,�ON A, W*AC(Araf� %C"M'a Grant Agreement No. 46000XXXX Page 31 of 40 I HEREBY CERTIFY that Ox., foregoing Resolution w(Is passed ond adopted 2 by the Kwn River Grourdwater SA.Mainob4ity Agency on November, 2, A.01 7, ILL )ILL Gone Lundquist, Ch Ir Member �gr'* , "W "IV '4 ......... ... . .. .. . ........... . .......... .... . .. . Ye„CI . . .. . . .. ro mr GV, Grant Agreement No. 46000XXXX Page 32 of 40 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 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 information • Project or Component photos Grant Agreement No. 46000XXXX Page 33 of 40 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. • Submittal schedule for the Post Performance Report. GRANT COMPLETION REPORT The Grant Completion Report shall generally use the following format. 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. Additional Information • Summary of the submittal schedule for the Post Performance Reports applicable for the Project, or each of the components in this Grant Agreement. Grant Agreement No. 46000XXXX Page 34 of 40 POST -PERFORMANCE REPORT The Post -Performance Report should be concise, and focus on how (each/the) project or component is actually performing compared to its expected performance; whether the project or component is being operated and maintained, and providing intended benefits as proposed (for Implementation Project or components). The Post - Performance Report should follow the same general format and provide requested information as required to be included in the Project Monitoring Plan (Exhibit K). As applicable, the following information, at a minimum, shall be provided: Reports and/or products • Time period of the annual report (e.g., January 2018 through December 2018) • Short project description • Discussion of the project benefits • An assessment of any explanations for any differences between the expected versus actual project benefits as stated in the original 2017 SGWP Grant application. Where applicable, the reporting should include quantitative metrics (i.e., new acre-feet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable. • Continued reporting on meeting the Output Indicators and Targets discussed in the Project and/or Component Monitoring Plan discussed in Paragraph 18 of this Grant Agreement. • Any additional information relevant to or generated by the continued operation of the project. Grant Agreement No. 46000XXXX Page 35 of 40 EXHIBIT G REQUIREMENTS FOR DATA SUBMITTAL Surface and Groundwater Quality Data: Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included 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: http://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 (LAMA) 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: http://www.swrcb.ca.gov/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 ElevationMonitoring (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: http://www.water.ca.gov/Programs/Groundwater-Management/Groundwater-Elevation-Monitoring--CASGEM Grant Agreement No. 46000XXXX Page 36 of 40 EXHIBIT 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 State Auditors would need to review in the event of this Grant Agreement is audited. Grantees should ensure that such records are maintained for each funded project. State Audit Document Requirements Internal Controls 1. Organization chart (e.g., Agency's overall organization chart and organization chart for the State funded Program/Project). 2. Written internal procedures and flowcharts for the following: a) Receipts and deposits b) Disbursements c) State reimbursement requests d) Expenditure tracking of State funds e) Guidelines, policy, and procedures on State funded Program/Project 3. Audit reports of the Agency internal control structure and/or financial statements within the last two years. 4. Prior audit reports on the State funded Program/Project. State Funding: 1. Original Grant Agreement, any amendment(s) and budget modification documents. 2. A listing of all bond -funded grants, loans, or subventions received from the State. 3. A listing of all other funding sources for each Program/Project. Contracts: 1. All subcontractor and consultant contracts and related or partners documents, if applicable. 2. Contracts between the Agency and member agencies as related to the State funded Program/Project. Invnices- 1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement. 2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items. 3. Reimbursement requests submitted to the State for the Grant Agreement. Cash Documents: 1. Receipts (copies of warrants) showing payments received from the State. 2. Deposit slips (or bank statements) showing deposit of the payments received from the State. 3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans. 4. Bank statements showing the deposit of the receipts. Grant Agreement No. 46000XXXX Page 37 of 40 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. PPrsnnnPl- 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 Project 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 attributed to activities included in the Grant Agreement. These services, furnished by professional and technical Grant Agreement No. 46000XXXX Page 38 of 40 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. 46000XXXX Page 39 of 40 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 — or other appropriate reference such as the GSP >, if there are two or more Components of the Project. 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 (c/o Provost & Pritchard Consulting Group Component 3: Groundwater Model Kern Groundwater 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 Grant Agreement No. 46000XXXX Page 40 of 40 EXHIBIT J PROJECT LOCATION PROPOSITION 1 SUSTAINABLE GROUNDWATER PLANNING GRANT SUBGRANT AGREEMENT Between the Kern River Groundwater Sustainability Agency and the Kern Groundwater Authority This Proposition 1 Sustainable Groundwater Planning Grant Subgrant Agreement ("Agreement") is made this day of , 2018, between the Kern River Groundwater Sustainability Agency (KRGSA) and the Kern Groundwater Authority (KGA) (collectively herein "Sponsors"); WHEREAS, KRGSA is comprised of the City of Bakersfield, Kern Delta Water District, and Improvement District No. 4 of the Kern County Water Agency; and KGA is comprised of Arvin Community Services District, Arvin -Edison Water Storage District, Cawelo Water District, City of Shafter, Kern County Water Agency, Kern County, Kern -Tulare Water District, Kern Water Bank Authority, North Kern Water Storage District, Rosedale -Rio Bravo Water Storage District, Semitropic Water Storage District, Shafter-Wasco Irrigation District, Southern San Joaquin Municipal Utility District, Tejon-Castaic Water District, West Kern Water District, Westside District Water Authority, and Wheeler Ridge-Maricopa Water Storage District; and WHEREAS, KRGSA has been awarded grant funding for a proposal entitled Kern County Subbasin Groundwater Sustainability Plan Support ("GSP Support") from the State of California Department of Water Resources ("State") under the 2017 Groundwater Sustainability Plans and Projects Proposal Solicitation; and WHEREAS, KRGSA has entered into a Grant Agreement with the State for the purpose of funding projects associated with the GSP Support; and WHEREAS, the Grant Agreement between KRGSA and the State, which is known as "Grant Agreement Between the State of California (Department of Water Resources) and Kern River Groundwater Sustainability Agency, Agreement Number 46000XXXXX, 2017 Proposition 1 Sustainable Groundwater Planning Grant -- Page 1 of 13 Pages -- California Public Resources Code § 75026 Et Seq." ("Grant Agreement"), is attached as Exhibit "A" to this Agreement and is incorporated by this reference herein; and WHEREAS, the Grant Agreement provides funds for six groundwater sustainability planning projects ("Components") that will be carried out by Groundwater Sustainability Agencies within Kern County; and WHEREAS, the Grant Agreement provides that KRGSA will act as the Grant Administrator of the Grant Agreement, will coordinate the completion of the Components with the Sponsors, which are the agencies responsible for completing those projects, will act as an intermediary between the State and the Sponsors, will be responsible for preparing and submitting invoices to State and administering grant funds to Sponsors, and will be in charge of overall project management; and WHEREAS, the Grant Agreement provides that KRGSA and KGA will each be a sponsor of Components; and WHEREAS, Component 1, Grant Administration, will be carried out by KRGSA; Component 2, Groundwater Modeling, will be sponsored and carried out by KRGSA; Component 3, Groundwater Model Peer Review, will be sponsored and carried out by KGA; Component 4, Hydrologic Conceptual Model and Groundwater Conditions, will be sponsored and carried out by KGA; Component 5, KGA Groundwater Sustainability Plan Coordination, will be sponsored and carried out by KGA; and Component 6, KRGSA GSP Development, will be sponsored and carried out by KRGSA; and WHEREAS, Sponsors (including KRGSA for costs associated with Components 2 and 6) are willing to pay their share of KRGSA's costs of administering the Grant Agreement as included in Component 1 and as described in Paragraphs 6b and 7 below; and -- Page 2 of 13 Pages -- WHEREAS, Sponsors are willing to meet all requirements and bear responsibility for all liabilities under the Grant Agreement for their respective Components, including providing matching funds, other cost share or in-kind matching activities. NOW, THEREFORE, FOR VALUABLE CONSIDERATION THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, IT IS MUTUALLY AGREED BY THE SPONSORS THAT: 1. KRGSA shall act as Grantee under the Grant Agreement on behalf of the Sponsors, and shall, as an eligible grant recipient, enter into the Grant Agreement with the State on behalf of the Sponsors to implement the approved Components of the Groundwater Sustainability Plan Support and to administer grant requirements. 2. KRGSA shall disburse grant funds to Sponsors for work on their respective Components for activities completed in accordance with the terms of the Grant Agreement but shall only be obligated to do so upon receipt of grant funds for that work from the State and in accordance with disbursement requirements of the Grant Agreement and Paragraph 6b below. 3. The Grant Agreement requires KRGSA, as Grant Administrator, to submit certain documentation to the State regarding the Components. KRGSA shall timely submit to the State invoices, reports, and assurances received from Sponsors prepared to meet the accounting, reporting, and other requirements in the Grant Agreement for their respective Components. Sponsors are responsible for submitting such documents to KRGSA with sufficient time for KRGSA to comply with requirements of the Grant Agreement. 4. KRGSA shall account for Grant Agreement funds separately from all of KRGSA's other funds in accordance with the Grant Agreement. Sponsors shall maintain books, records, and other documents pertinent to their work in accordance with the Grant Agreement. -- Page 3 of 13 Pages -- 5. a.) Sponsors shall carry out and/or perform their respective Components in accordance with all requirements for their respective Components as set forth in the Grant Agreement. The terms and requirements of the Grant Agreement, or any amendment thereof, shall be controlling and mandatory for the purposes of this Agreement where those terms and requirements relate, to any extent, to the Components. Each Sponsor shall fulfill all assurances, declarations, representations and commitments made by that Sponsor to either KRGSA or the State in support of that Sponsor's request for grant funds. Sponsors shall meet all requirements and limitations of the Grant Agreement for their respective Components. b.) In the event any Sponsor wishes to alter the schedule, materials, methods or deliverables related to its respective Component as set forth in the Grant Agreement, such Sponsor shall immediately provide notice to KRGSA's representative. KRGSA shall timely forward Sponsor's request for alteration to the State for consideration, if necessary. c.) As KRGSA is acting as the Grant Administrator under the Grant Agreement, questions and other communications related to the Grant Agreement or performance of work under the Grant Agreement by Sponsors shall (unless waived by KRGSA) be coordinated with KRGSA's representative for resolution with the State. 6. a.) Sponsors shall pay and provide documentation supporting all required grant matching funds, other cost share or in-kind matching services (where applicable and in accordance with the Grant Agreement) for their respective Components and shall provide all necessary environmental review and obtain all required permits for their respective Components (where applicable). -- Page 4 of 13 Pages -- b.) KRGSA and Sponsors agree that the Grant Agreement budget for each respective Component shall be as follows, but acknowledge that the budget outlined below is not fixed but is subject to change: Component Grant Funding Other Cost Share Total 1 $75,043.00 $78,000.00 $153,043.00 2 $431,957.00 $21,600.00 $453,557.00 3 $149,208.00 $16,550.00 $165,758.00 4 $281,264.00 $535,286.00 $816,550.00 5 $281,264.00 $551,926.00 $833,190.00 6 $281,264.00 $95,249.00 $376,513.00 Total $1,500,000.00 $1,298,611.00 $2,798,611.00 7. KRGSA will retain Horizon Water and Environment, LLC (Horizon) to provide support for grant administration as described in the proposal provided in Exhibit "B." Component 1 includes project administration efforts for the overall Grant Agreement, which includes coordinating report, invoice and deliverable submission over the duration of the grant term for the six Components. In addition, each Component will include a budget for Component Administration, including preparation of invoice and deliverable materials for the individual Component to be submitted to Horizon and compiled for submission to the State. Horizon shall track the grant administration work attributable to each Component Project separately. Each Sponsor shall pay KRGSA for its share of applicable costs as requested, but no more than once per month. Sponsors will be responsible for their share of any Component 1 costs above those described in Exhibit "B" should any change orders related to Horizon's proposal be awarded that increase costs to KRGSA. -- Page 5 of 13 Pages -- 8. INDEMNIFICATION: a.) To the extent permitted by law, Sponsors shall fully indemnify, defend, and hold KRGSA (including its officers, employees and agents) and each other Sponsor (including its officers, employees and agents) free and harmless from any and all claims, costs, damages, investigations, arbitrations, lawsuits, and expenses, including reasonable attorneys' fees and expert expenses, judgments, and awards of liabilities arising out of such indemnifying Sponsor's performance of this Agreement; work on their respective Components; failure (of any kind) to comply with the terms and requirements of the Grant Agreement; or any act or omission on their part that causes KRGSA, as Grant Administrator, to fail to meet the requirements of the Grant Agreement. b.) Each Sponsor hereby acknowledges and understands that the State may, pursuant to the Default Provisions of Paragraph 12 of the Grant Agreement: demand that funding be immediately repaid, with interest; terminate any obligation to make future payments; terminate the Grant Agreement; or take any other action to protect its interest. In the event that an act or omission by a Sponsor results in an uncured default pursuant to Paragraph 12 of the Grant Agreement which results in the State demanding a return of funding, that Sponsor shall be responsible for making an immediate payment to KRGSA in an amount sufficient to cover the funds and interest demanded by the State. Said Sponsor shall be responsible for both the immediate payment demanded by the State and the entire, final obligation to the State (should it exceed the initial demand) and shall not seek or be entitled to reimbursement from KRGSA or any other Sponsor, provided that the State's enforcement of the provisions of Paragraph 12 of the Grant Agreement was substantially caused by said Sponsor's default. c.) In addition, each Sponsor understands and acknowledges that KRGSA will be employing Horizon for the benefit of this Agreement and the Sponsors. Each Sponsor agrees to indemnify, defend and hold harmless KRGSA -- Page 6 of 13 Pages -- (including its officers, employees and agents) free and harmless from any and all claims, costs, damages, investigations, arbitrations, lawsuits, expenses, including reasonable attorneys' fees and expert expenses, judgments, and awards of liability arising out of KRGSA's employment of Horizon for administrative services related to this Agreement and the Grant Agreement not arising out of KRGSA's own negligence, to the extent that Horizon is not able to make KRGSA whole. Sponsors shall only be liable to indemnify KRGSA for their proportional share of KRGSA's losses that are not or cannot be compensated by Horizon. 9. In accordance with the "Permits, Licenses, Approvals, and Legal Obligations" provision of the Grant Agreement (Paragraph 14 of Exhibit "A"), the Sponsors agree that they shall comply with all applicable laws, policies and regulations in carrying out this Agreement, their respective Components, or any other acts required or contemplated by the Grant Agreement. 10. KRGSA guarantees that all monies it receives for the respective Components from the State under the Grant Agreement shall solely and exclusively be used for the purposes set out in this Agreement; provided, however, that KRGSA shall not be responsible for any money paid out as a result of fraud, forgery or misrepresentation. 11. KRGSA shall have no responsibility as Grant Administrator for maintenance of or insurance for the respective Components of the Sponsors; provided, however, that KRGSA shall be responsible for all duties of a Sponsorwith respect to Components 1, 2 and 6. 12. KRGSA is not acting as a surety. This Agreement is not a performance, payment, completion or labor and materials bond. KRGSA does not guarantee or warrant that performance of the respective Component of an individual Sponsor will proceed, be completed, or that the grant funds for the respective Component will be sufficient to meet incurred expenses. KRGSA does not guarantee or warrant the plans and specifications for the respective Component -- Page 7 of 13 Pages -- of a Sponsor. KRGSA does not guarantee or warrant any estimated budgets set forth in either this Agreement, the grant application or the Grant Agreement. KRGSA shall have no responsibility for any aspect of bidding or the selection of contractors or subcontractors to perform any aspect of the work of the respective Components (except Components 1, 2 and 6) of the Sponsors under this Agreement. Instead, KRGSA is only acting as a conduit for: 1.) transfer of grant monies to Sponsors for their respective Components in furtherance of the Grant Agreement; and 2.) the transmission of invoices, reports, financial information and State disclosure assurances and other information required by the Grant Agreement to be transmitted from the Sponsors to the State. 13. KRGSA will not pay any invoices submitted by Sponsor until monies for approved invoices have actually been transmitted by the State to KRGSA. KRGSA assumes no liability to any entity, including but not limited to, any Sponsor or any contractors or subcontractors on the respective Components of the Sponsors, for any delays by the State in approval or transmittal of grant monies to KRGSA. 14. The Sponsors agree that if any Sponsor is responsible for a default pursuant to Paragraph 12 of the Grant Agreement or becomes aware that a potential default may occur in the future, that Sponsor will work to cure the default within the time period prescribed by the State. If said Sponsor fails to cure such a default, it will be liable to KRGSA and all other Sponsors pursuant to Indemnification provisions of Paragraph 8(b) of this Agreement. 15. KRGSA may withhold disbursements from Sponsors for breaches under this Agreement (if the breach is not cured within 10 days from Sponsor's receipt of notice of the breach) until such breach is cured to the satisfaction of KRGSA. 16. It is agreed by the Sponsors that if any applicable state budget act of the current year or any subsequent year does not appropriate sufficient funds for the grant and/or if the State terminates the Grant Agreement, then this -- Page 8 of 13 Pages -- Agreement shall be suspended and shall be of no further force or effect. In this event, except for those monies already received from the State and approved for payment for the work on the Components, KRGSA shall have no liability to transmit any monies for work on the respective Components to the Sponsors. For their respective Components, Sponsors agree to indemnify, defend and hold harmless KRGSA from any claims asserted against KRGSA by any entity in the event that the applicable state budget act does not appropriate sufficient funds for the Components. 17. KRGSA shall not be responsible for securing insurance protection against loss or damage from any source (including but not limited to the following: fire, earthquake, vandalism or theft) to the respective Components of the Sponsors (other than Components 1, 2 and 6) or any pre -purchased materials. KRGSA is not liable for any loss or damage resulting from the failure to secure any such insurance. Sponsors shall provide all insurance required or desired for their respective Components. 18. Upon completion of construction or performance of the respective Component of the Sponsor or termination of this Agreement with respect to an individual Sponsor, KRGSA shall: disburse to that Sponsor any remaining sums of money in the account approved by the State for payment to that Sponsor, which have not already been disbursed by KRGSA. Should DWR require annual Post - Performance Reports in accordance with the Grant Agreement Exhibit F, sponsors shall be required to prepare the reports at their own expense. 19. Sponsors shall proceed with all reasonable diligence in: 1.) the commencement and completion of their respective Components; 2.) submission of written reports, financial information, insurance, bonds, and assurances required by the Grant Agreement for their respective Components; and 3.) submittal of requests for payment that are fully compliant with the Grant Agreement and accompanied by written verification under penalty of perjury -- Page 9 of 13 Pages -- that the request for payment is truthful and accurate and the described costs have all been incurred solely for their respective Components. 20. KRGSA shall not be obligated to recognize any assignment of this Agreement by any Sponsor to any third party, except as agreed to in writing by KRGSA, all Sponsors and the State (if required by the Grant Agreement). Any assignment without the required written authorization is void ab initio. 21. Should any provision of this Agreement be found invalid, such invalidity shall not, in any way, affect the remaining provisions of this Agreement. 22. This Agreement is only for the benefit of the Sponsors and not for the benefit of any third party, other than the State. 23. If any provision of this Agreement conflicts with the Grant Agreement, the provisions of the Grant Agreement shall control. 24. Each Sponsor shall designate in a written notice to KRGSA a representative that will be responsible for making reimbursement requests to KRGSA. The signature of such representative on any request for payment shall conclusively and finally establish the right of KRGSA to draw checks as so requested, subject to KRGSA's performance of its responsibilities as Grant Administrator to the Grant Agreement and subject to the State's transmittal of grant monies to KRGSA for the respective Component of the Sponsor requesting payment. 25. Nothing in this Agreement shall create any contractual relationship between any contractor or subcontractor of any Sponsor and KRGSA (other than its own). Sponsors agree to be fully responsible to KRGSA for the acts and omissions of their contractors, subcontractors, and persons either directly or indirectly employed by them or otherwise acting as an agent of the Sponsor. Sponsors' obligation to pay their contractors and subcontractors is independent of the obligation of the State to transmit monies to KRGSA and KRGSA's obligation to -- Page 10 of 13 Pages -- transmit monies to a Sponsor. As a result, KRGSA shall have no obligation to pay monies to any contractor or subcontractor of any Sponsor (other than its own). 26. Sponsors agree that, at Sponsors' sole expense, Sponsors shall ensure that KRGSA, its officers, directors, and employees and agents, shall be named as additional insured, and insured in the same amount as Sponsors, on all policies which Sponsors are required to obtain for their respective Components pursuant to the Grant Agreement. Sponsors agree to provide KRGSA with written documentation that it has been so named as an additional insured on all such insurance policies during the term of this Agreement. 27. The term of this Agreement shall be the same as, and coincide with, the term of the Grant Agreement and any extensions thereof. 28. For three years after completion of the respective Component or longer if otherwise required by the Grant Agreement, KRGSA and each respective Sponsor shall retain copies of records of: 1.) deposits into, and disbursements from, accounts for the Sponsor's respective Component; and 2.) requests for payment from that Sponsor. Upon prior written request, KRGSA and such Sponsor shall provide reasonable access to inspect such records to each other or the State during normal business hours. 29. Each of the Sponsors represents and warrants that each person signing this Agreement on behalf of any of the Sponsors has legal authority to sign this Agreement and bind that party. 30. Notice pursuant to this Agreement shall be deemed received on the day of delivery if personally served or provided by e-mail and on the 2nd day following posting if provided by United States mail. Notice shall be given to the following representatives at the addresses shown below unless notification of a change is provided. -- Page 1 1 of 13 Pages -- Kern River Groundwater Sustainability Agency Board Chair City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Phone: (661) 326-3751 E-mail: krgsa@kernrivergsa.org Kern Groundwater Authority Board Chair 1800 30th Street, Suite 280 Bakersfield, CA 93301 Phone: (661) 616-6500 E-mail: ppoire@kerngwa.com 31. This Agreement is entered into and shall be construed and interpreted in accordance with the laws of the State of California. 32. This Agreement has been negotiated by the Sponsors and shall not be construed against any Sponsor as the drafting party. 33. This Agreement will be considered binding and effective when it has been fully executed by the Sponsors. This Agreement may be executed in counterpart originals, with all counterparts taken as a whole constituting the complete Agreement. WHEREFORE, having read the foregoing and having understood and agreed to the terms of this Agreement, the Sponsors have affixed their signatures below: [SIGNATURES FOLLOW ON NEXT PAGE] -- Page 12 of 13 Pages -- SIGNATURES KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY By: Printed Name: Title: Date: KERN GROUNDWATER AUTHORITY By: Printed Name: Title: Date: -- Page 13 of 13 Pages -- Exhibit A GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY AGREEMENT NUM 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 (Kern River GSA), 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 et 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 GSP, implemented in accordance with the Work Plan as set forth in Exhibit A, will be: adopted by the applicable Groundwater Sustainability Agency (GSA); obtain the necessary desirable results of Sustainable Management Criteria; or, meet all of the evaluation and assessment criteria when submitted to 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) GRANT AMOUNT. 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 et 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. 4. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State: Grant Agreement No. 46000XXXX Page 2 of 40 a. Final plans and specifications certified, signed, and stamped by a California Registered Civil Engineer as to compliance for each approved project as listed in Exhibit A of this Grant Agreement. b. Work that is subject to the California Environmental Quality Act (CEQA) and or environmental permitting shall not proceed under this Grant Agreement until the following actions are performed: (1) The Grantee submits to the State all applicable environmental permits as indicated on the Environmental Information Form to the State, (2) Documents that satisfy the CEQA process are received by the State, (3) The State has completed its CEQA compliance review as a Responsible Agency, and (4) The Grantee receives written concurrence from the State of Lead Agency's CEQA document(s) and State notice of verification of environmental permit submittal. The State's concurrence of Lead Agency's CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project or to require changes, alterations or other mitigation. The Grantee must also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act by submitting copies of any environmental documents, including environmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/implementation. c. A monitoring plan as required by Paragraph 18, "Monitoring Plan Requirements", if applicable for Implementation Components/Project(s). 6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non-interest bearing account and shall be used solely to pay Eligible Project Costs. 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. Grant Agreement No. 46000XXXX Page 3 of 40 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 or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee; non -project -specific accounting and personnel services performed within the Grantee's organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non -project -specific facilities; tuition and conference fees; 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. 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 salaries/wages/consultant fees must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). 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 23, "Project Representative." Grant Agreement No. 46000XXXX Page 4 of 40 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 Form" specific to the DAC. 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 23, "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 Grant Agreement No. 46000XXXX Page 5 of 40 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 Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction. 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 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. 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 Grant Agreement No. 46000XXXX Page 6 of 40 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: 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 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et 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 Grant Agreement No. 46000XXXX Page 7 of 40 and DWR deems the UWMP consistent. For more information, visit the following website: https://www.water.ca.gov/ProgramsMater-Use-And-Efficiency/U rban-Water-Use-Efficiency/U rban- Water-Management-Plans. 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, et 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/\Nork-With-Us/Grants-And-Loans/Agriculture-Water-Use-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 responsible for obtaining 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(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. Grant Agreement No. 46000XXXX Page 8 of 40 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 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 any and all supporting documentation. This condition is only required in basins where GSAs 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 project/component 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 shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within 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 Grant Agreement No. 46000XXXX Page 9 of 40 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) MONITORING PLAN REQUIREMENTS. Pertinent to Implementation Projects or Components, a Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate items defined and listed in Exhibit K. 19) 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 et 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. 20) 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. 21) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means: 1. By delivery in person. 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. 22) 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. 23) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows: Department of Water Resources Arthur Hinojosa Chief, Division of IRWM P.O. Box 942836 Sacramento, CA 94236-0001 Phone: (916) 653-4736 Email: Arthur. Hinojosa(awater.ca.gov 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: Arthur. Hinojosa(awater.ca.gov Grant Agreement No. 46000XXXX Page 10 of 40 Kern River Groundwater Sustainability Agency c/o City of Bakersfield Nelson Smith Finance Director 1600 Truxtun Avenue Bakersfield, CA 93301 Phone: (661) 326-3742 Email: nsmith@bakersfieldcity.us Kern River Groundwater Sustainability Agency c/o City of Bakersfield Art Chianello Water Resources Manager 1000 Buena Vista Road Bakersfield, CA 93311 Phone: (661) 326-3715 Email: achianel@bakersfieldcity.us' Either party may change its Project Representative or Project Manager upon written notice to the other party. 24) 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 — Grantee Resolution 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 Grant Agreement No. 46000XXXX Page 11 of 40 IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES Kern River Groundwater Sustainability Agency Arthur Hinojosa, Chief Nelson Smith Division of Integrated Regional Water Financial Director Management Date Date Approved as to Legal Form and Sufficiency Robin Brewer, Assistant Chief Counsel Office of Chief Counsel Date Grant Agreement No. 46000XXXX Page 12 of 40 EXHIBIT A WORK PLAN Project Title: Kern County Subbasin Groundwater Sustainability Plan Support - 2017 Grant Application Project Description: The Grantee's Kern County Subbasin Groundwater Sustainability Plan Support - 2017 Grant Application (Project) consist of six components: 1) Grant Administration, 2) Groundwater Modeling, 3) Groundwater Modeling Peer Review 4) hydrogeologic conceptual model (HCM); 5) Coordination Development, and 6) groundwater sustainability plan (GSP) for the for the Kern River Groundwater Sustainability Agency (KRGSA) service area. The Grantee will complete all Components 1, 2, and 6. The Kern Groundwater Authority Groundwater Sustainability Agency (KGA) will complete component 3 through 5. Component 1: Grant Administration Implementing Agency: Grantee Category (a): Grant 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 tasks in the Work Plan, and compile 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 Report addressing the DWR Project Manager's comments and submit to DWR in accordance with the provisions of Exhibit F. Deliverables • Executed Grant Agreement. • Executed Grant Agreement Amendment(s) (if necessary) • Environmental Information Form • Progress Reports • Invoices and associated backup documentation • Completion Reports for Components 2 and 5. • Draft and Final Grant Completion Report Component 2: Groundwater Modeling Implementing Agency: Grantee Develop a current and historic water budget for the entire Kern County Subbasin using a regional groundwater model developed by the DWR, referred to as C2VSim. Category (a): 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. Grant Agreement No. 46000XXXX Page 13 of 40 • 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 project 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 (b): Basin Modeling 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 Completion Report in accordance with Exhibit F. Deliverables: • Invoice associated backup documentation • Component Completion Report 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 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 will for the C2VSim data updates. Will review of the C2VSim model inputs and outputs, identify data gaps, provide revision recommendations, and complete revisions (as necessary). The results of the peer review of C2VSim model will be documented and presented to the KGA Basin Coordination Committee. Deliverables: 0 Technical Memorandum on C2VSim peer review results Grant Agreement No. 46000XXXX Page 14 of 40 Component 4: Hydrogeologic Conceptual Model and Groundwater Conditions Implementing Agency: KGA Category (a): Component Administration Prepare invoice back up documentation. Prepare Completion Report in accordance with Exhibit F. Deliverables: • Invoice associated backup documentation • Component Completion Report 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 portions of Kern County Subbasin GSPs. 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 Completion Report in accordance with Exhibit F. Deliverables: • Invoice backup documentation • Component Completion Report 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 support efforts for meetings to support and participate in meetings, development of technical material to support the collaborative discussions and frequent person to person meetings with Grant Agreement No. 46000XXXX Page 15 of 40 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 Subbasin. Deliverables: • Meeting notes, agendas • Summary of work conducted to develop Coordination Agreement • Coordination Agreement for the Kern Subbasin Grant Agreement No. 46000XXXX Page 16 of 40 Component 6: GSP Development Implementing Agency: Grantee Category (a): GSP Development Prepare a GSP for Kern River Groundwater Sustainability Agency 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 setting — Characterize basin conditions. Address topics that may include the Hydrogeologic Conceptual Model, current and historical groundwater conditions, water budget, and management areas. 3. Develop sustainable management criteria — establish the sustainability goal, analyze undesirable results, and identify minimum thresholds and measurable objectives. 4. Develop monitoring 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, and develop the GSP, to include generating Administrative Draft, Draft, Final Draft, and Final GSPs. 6. Stakeholder Outreach - Conduct workshops, communication, notifications, and adoption hearing — provide stakeholder outreach and public notices for the project, to include generating a list of interested persons, conducting communications with stakeholders and beneficial users, conducting public hearings and project meetings, and all project communications and project management. 7. Coordination and coordination agreements — coordinating with relevant GSAs and developing white papers and coordination agreements. Deliverables: • Meeting Minutes, Sign -in sheet, Outreach Material • Coordination Agreements • Draft GSP for Kern River Groundwater Sustainability Agency • Proof of GSP submittal to DWR Grant Agreement No. 46000XXXX Page 17 of 40 EXHIBIT B BUDGET *The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. Grant Agreement No. 46000XXXX Page 18 of 40 *The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. *The Grantee received a 100% cost share waiver. Grant Agreement No. 46000XXXX Page 19 of 40 *The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. *The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. Grant Agreement No. 46000XXXX Page 20 of 40 *The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. The Grantee received a 100% cost share waiver. ** Other Cost share will be provided by the Kern River GSA and/or the Kern 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. Grant Agreement No. 46000XXXX Page 21 of 40 EXHIBIT C SCHEDULE Grant Agreement No. 46000XXXX Page 22 of 40 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 State at any and all reasonable times. b) Disposition of Money Disbursed: All money disbursed pursuant to this Grant Agreement shall be deposited in a non-interest bearing account, administered, and accounted for pursuant to the provisions of applicable law. c) Remittance of Unexpended Funds: The Grantee shall remit to the State any unexpended funds that were disbursed to the Grantee under this Grant Agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from the State to the Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant Agreement, whichever comes first. D.2) ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: The Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant Agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee's headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: "Funding for this project has been provided in full or in part from the 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 et 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 11 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 with respect of all matters connected with this Grant Agreement, including but not limited to, the cost of administering this Grant Agreement. All records of the Grantee or its contractor or subcontractors shall Grant Agreement No. 46000XXXX Page 23 of 40 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 11. D.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 state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code Section 5200 et seq.; and b) The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. D.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. Grant Agreement No. 46000XXXX Page 24 of 40 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 Workplace Act of 1990 (Gov. Code § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: a) Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code Section 8355. b) Establish a Drug -Free Awareness Program, as required by Government Code Section 8355 to inform employees, contractors, or subcontractors about all of the following: Grant Agreement No. 46000XXXX Page 25 of 40 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 modifications 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. f) 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 State and shall not be deemed to relieve or restrict responsibilities of the Grantee under this Agreement. Grant Agreement No. 46000XXXX Page 26 of 40 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. The Grantee certifies that it has a Labor Compliance Program (LCP) in place or has contracted with a third party that has been approved by the Director of the Department of Industrial Relations (DIR) to operate an LCP. Current DIR requirements may be found at http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR's Public Works Manual at: http://www.dir.ca.gov/dlse/ PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision. D.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 to the Grant Agreement No. 46000XXXX Page 27 of 40 budget are changes that only result in reallocation of the budget and will not result in an increase in the 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 et 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 performance of this Grant Agreement shall be made available to the State and shall be in the public domain to the Grant Agreement No. 46000XXXX Page 28 of 40 extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant Agreement, subject to appropriate acknowledgement of credit to the State for financial support. The Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose. D.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.38) TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 11, 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 11. D.39) TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination. D.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: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. 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% of eligible travel expenses will be reimbursed by these grant funds. Grant Agreement No. 46000XXXX Page 29 of 40 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 SDAC. 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. Grant Agreement No. 46000XXXX Page 30 of 40 EXHIBIT E AUTHORIZING RESOLUTION ACCEPTING FUNDS *"'I, M.,0 gliff �44, " Mffir4 - MIJ"ARM"'IL" WHEREAS, the Colifornio Department of Water Resources ( ) is odrninisteting the S str iarro le Groundwater Planning (SGWP) Grant Progrom using the funds outhonized by the Woter Quality, Supply, and Infrastructure acre Improvement Acl of 2014 (f rc r sltuon I); rm WHEREAS, AS, DWS wM mord art least 15 million for crffcally over'drofted groundwater b slrus a rs c corripetifive t rrsls of wNch ur maximum girant amount up t t a5 rr ithon per gastro is ur 11 rbt on WHEREAS, roposlll ru f requires a minimum cost sho. re of 5 of'the to tol project cost, and WHEREAS, my one grarit will be aworded per basin, an WHEREAS, ihe IKRGSA has been authorized d and designoted to represent all potrrrrilr l opplicants in theKern Subbosiru, on WHEREAS, EAS, R requires fr c resolution adted by the r intc rwt's governing fancy designoting an outhorized representative to, sub mlf the r ricotl mr ond execute on agreement wwulth the State of C fife amiss fuer a 2017 SGWP Grant. NOXTHEREFORE, BE IT RESOLVED, by the KR,GSA ois fall l e That the above recitals is and findings are truss oind correct and erre incotporoted herein by reference. 2. That m mptiucc ufl rr be made to DWR to u f fc art o front under the SGWP Grant Program purwont to the 'oter Quolity, Supply, and trmtrcrstruc fra a lr t°rrovernermt Act of 2014 (rc sifion f) (Water Code Secflcrrm 797100ref se .). That slaft is hereby r urfhort r rf ond d�ir,ected to fir°aspera the necessary dolo, conduuc t investigations, Me such oprAic tau ru, on execute a grant ogreement with DWR r,�010,�ON A, W*AC(Araf� %C"M'a Grant Agreement No. 46000XXXX Page 31 of 40 I HEREBY CERTIFY that Ox., foregoing Resolution w(Is passed ond adopted 2 by the Kwn River Grourdwater SA.Mainob4ity Agency on November, 2, A.01 7, ILL )ILL Gone Lundquist, Ch Ir Member �gr'* , "W "IV '4 ......... ... . .. .. . ........... . .......... .... . .. . Ye„CI . . .. . . .. ro mr GV, Grant Agreement No. 46000XXXX Page 32 of 40 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 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 information • Project or Component photos Grant Agreement No. 46000XXXX Page 33 of 40 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. • Submittal schedule for the Post Performance Report. GRANT COMPLETION REPORT The Grant Completion Report shall generally use the following format. 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. Additional Information • Summary of the submittal schedule for the Post Performance Reports applicable for the Project, or each of the components in this Grant Agreement. Grant Agreement No. 46000XXXX Page 34 of 40 POST -PERFORMANCE REPORT The Post -Performance Report should be concise, and focus on how (each/the) project or component is actually performing compared to its expected performance; whether the project or component is being operated and maintained, and providing intended benefits as proposed (for Implementation Project or components). The Post - Performance Report should follow the same general format and provide requested information as required to be included in the Project Monitoring Plan (Exhibit K). As applicable, the following information, at a minimum, shall be provided: Reports and/or products • Time period of the annual report (e.g., January 2018 through December 2018) • Short project description • Discussion of the project benefits • An assessment of any explanations for any differences between the expected versus actual project benefits as stated in the original 2017 SGWP Grant application. Where applicable, the reporting should include quantitative metrics (i.e., new acre-feet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable. • Continued reporting on meeting the Output Indicators and Targets discussed in the Project and/or Component Monitoring Plan discussed in Paragraph 18 of this Grant Agreement. • Any additional information relevant to or generated by the continued operation of the project. Grant Agreement No. 46000XXXX Page 35 of 40 EXHIBIT G REQUIREMENTS FOR DATA SUBMITTAL Surface and Groundwater Quality Data: Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included 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: http://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 (LAMA) 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: http://www.swrcb.ca.gov/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 ElevationMonitoring (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: http://www.water.ca.gov/Programs/Groundwater-Management/Groundwater-Elevation-Monitoring--CASGEM Grant Agreement No. 46000XXXX Page 36 of 40 EXHIBIT 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 State Auditors would need to review in the event of this Grant Agreement is audited. Grantees should ensure that such records are maintained for each funded project. State Audit Document Requirements Internal Controls 1. Organization chart (e.g., Agency's overall organization chart and organization chart for the State funded Program/Project). 2. Written internal procedures and flowcharts for the following: a) Receipts and deposits b) Disbursements c) State reimbursement requests d) Expenditure tracking of State funds e) Guidelines, policy, and procedures on State funded Program/Project 3. Audit reports of the Agency internal control structure and/or financial statements within the last two years. 4. Prior audit reports on the State funded Program/Project. State Funding: 1. Original Grant Agreement, any amendment(s) and budget modification documents. 2. A listing of all bond -funded grants, loans, or subventions received from the State. 3. A listing of all other funding sources for each Program/Project. Contracts: 1. All subcontractor and consultant contracts and related or partners documents, if applicable. 2. Contracts between the Agency and member agencies as related to the State funded Program/Project. Invnices- 1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement. 2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items. 3. Reimbursement requests submitted to the State for the Grant Agreement. Cash Documents: 1. Receipts (copies of warrants) showing payments received from the State. 2. Deposit slips (or bank statements) showing deposit of the payments received from the State. 3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans. 4. Bank statements showing the deposit of the receipts. Grant Agreement No. 46000XXXX Page 37 of 40 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. PPrsnnnPl- 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 Project 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 attributed to activities included in the Grant Agreement. These services, furnished by professional and technical Grant Agreement No. 46000XXXX Page 38 of 40 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. 46000XXXX Page 39 of 40 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 — or other appropriate reference such as the GSP >, if there are two or more Components of the Project. 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 (c/o Provost & Pritchard Consulting Group Component 3: Groundwater Model Kern Groundwater 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 Grant Agreement No. 46000XXXX Page 40 of 40 EXHIBIT J PROJECT LOCATION 11�111qy iffl��l I I III 11�1�111 Horizon 1, V I V (, P � V The Kern River Groundwater Sustainability Agency (KRGSA) submitted a grant application to the California Department of Water Resources (DWR) in November 2017, for $1.5 million in grant funding to support the development of the KRGSA's Groundwater Sustainability Plan (GSP). The grant application also relied on a variety of local cost sharing and assistance for individual projects as required by DWR's grant requirements. In early 20,18, DWR announced draft funding recommendations including that the KRGSA's grant application would be, funded for the entire $1.5 million amount. DWR will announce final awards following the February 28 closure of a public comment period. Horizon developed this proposed scope of work to provide administrative and management services to assist the KRGSA implement the grant funding over the coming 2 -year, 8-quairter time period. Task 1: Grant Initiation, Agreements, and Templates, There aire several' anticipated taisks to Initiate the grant process with DWR, including: lie Ip the KRGSA clarify who will serve as the Grantee to enter into the formal agreement with DWR. This may be the City of Bakersfield (City) or it may be the KRGSA itself, depending on whether a Federal Tax 0 nurnber will be required. For the purposes of this scope of work we refer to the "Grantee" as the organization who will enter an agreement with DWR. The Grantee wil:l then execute a grant agreement with DWR, and cum iply with associated reporting and invoicing requirements, as well as any additional ongoing compliance per the grant agreement. Under Task 1, Horizon would assist the Grantee by taking the lead coordinating with DWR to establish the grant agreement and provide, necessary documentation. While the Grantee will work directly with DWR on grant requirements over the duration of the grant term, as, the Grantee, the KRGSA or City, would benefit from executing a simple sub -agreement with the other GSA(s) members of the grant package. The goal is to ensure that all project leads for all 5 projects, are committed to comply with the grant terms and requirements and to provide deliverables„ reports and invoices to the KRGSA as needed to SUPPOrt the grant process. Horizon can assist with developing example sub -agreement language for the other member GSAs, developing reporting and invoicing schedule to include in the sub -agreement, and developing a Progress Report and Invoice, temiplate, and guidance fo r th e other member GSAs. Task 2: Grant Implementing, Reporting, and Invoicing Once the grant agreement and any sub -agreements are in place, the Grantee will comply with; the grant terms, including reporting and invoicing requirements. The Grantee will collect from implementing Horizon Water and EnOronment KRGSk Grant Administration Proposed Scope of Work February 28, 2018 GSA(s) quarteHy progress reports and invoices for each of the 5 projects, review project progress reports and deliverables for accuracy, and compile project level grant kivoice material into an overall grant level quarterly invoice submittal to DWR for reimbuirsernent. Services provided by Horizon may include� 1, Conducting a workshop (or call) with project leads to present reporting arid invoicing requirernents and process, answer, questions, etc. Providing quarterly communications with project leads (frorn RGSA, KGA, any other GSAs), to confirm the status of Progress Reports and lrivoice ternplates, schedule, etc. Review Progress Report and Onvoice submittals for all 5 projects, editing and/or coordinating with project leads as appropriate. 4, Generating overall quarterly Invoice and backup docurnentation package for DWR submittal. S. Uploading quarterly deliverables, Progress Report and Invoice rnaterW to DWR. 6. Coordinating with DWR Grant Manager. This Task 2 scope of work assumes that quartedy reporting and invoicing will cover a two-year, 8 quarter tirne-frarne. Level of effort as shown in the attached cost estimate assurnes that project leads/rnember GSAs will provide complete quarterly invoicing and progress report information in accordance with grant agreement requirements, entered into ternplates and at a level of development that, requires Horizon to make only modest edits and adjustments prior to subrnittlng to DWR. Additional assumptions are that while initially quarterly reporting and invoicing rnay require more significant Horizon effort and coordination with project leads,, this will dirninish over the grant term as project leads become accustorned to providing material per DWR requirernents, Task 3: Grant Completion and Closeout As projects are completed, the Grantee will review and submit to DWR a Draft and NnM Project Completion Report for each project. Horizon services rnay irOude� 1. Coordinating with project leads to develop a Draft Project Conipletion Report per, DWR grant agreement requirernents, and uploading each of the 5 project reports. 2, Coordinating with project leads to respond to any DW'R comments and subrnit a Final Project Cornpletion Report,, and uploading each project's Final report. Once all projects are complete, Grantee MU develop a Draft and Final Grant Corripletion Report to summarize tlne project activities that were accomplished Under the grant. Horizon assistance could potentially include; 1. Developing a Draft Grant Completion Report. 2. Working with project leads and Grantee to respond to any DWR corrinients and subunit a Final Grant Cornpietion Report. if the grant agreement requires post -performances reports, project leads will develop and submit reports annually for the required period of years, submit thern to Grantee for subrnittal to DWR. Horizon assistance could potentially iinckjde� 1. Developing a post -performance report template. 2. Working with project leads and Grantee to complete and submit the reports in accordance with the required submittal schedule. 6Aodzon Water arid Envirorunent KIRGSA: Grant Administration Proposed Scope of Work F ebrUary 28, 2018 This Task 3 scope of work assurnes that the grant agreerine nt will require each of the 5 projects to submit separate draft and finM Project Corrwppefion Reports, and that the Grantee. MH be required to SUbrrift a draft and final Grant Cornpletion Report. Level of effort as shown in the attached cost estirnate assumes that project leads/member GSAs will provide their draft Project Completion Reports by the grant agreement deadline and at a levO of developir'nent that re(JUires Horizon to make only modest edits and adjustrnents priorto submitting to DWR, Additional assumptions are that Horizon MH assist the grantee to a larger degree in developing the draft and final Grant Completion Report, and that Horizon will upload to D the draft and final Project Completion Reports and Grant Completion Report. Task 4: Project Management 'rask 4 provides budget to organize and submit invoc to the KRGSA for the grant adrnnistrative support services and to have peHodic conference calls with the KRGSA rnanagernent tearn to discuss the grarit adrninistrafive services, I m I 4*l "'H I I 13, u I m El 4P6 'i wnR . ..... ...... . . ......... I 4*l "'H I I 13, u I m El 4P6 'i wnR . ..... ...... I 4*l "'H I I 13, u I m El SCHEDULED MEETINGS JANUARY 2019 THROUGH DECEMBER 2019 KRGSA Board Meetings City Council Meetings @ 10:00 a.m. CHN Conference Room A Begin @ 3:30 p.m. & 5:15 p.m. (1st Thurs.) Bakersfield Water Board Meetings ®KDWD Board Meetings @ 2:00 p.m. @ Water Resources @ 12:00 Noon @ KDWD (1st & 3rd Tues.) 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