HomeMy WebLinkAbout2023-08-22; Municipal Water District; Resolution 1714RESOLUTION_�_Q. 1714
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD
MUNICIPAL WATER DISTRICT OF THE CITY OF CARLSBAD, CALIFORNIA,
APPROVING THE LOCAL PROJECT PARTICIPANT AGREEMENT FOR THE
PROPOSITION 1, ROUND 2 INTEGRATED REGIONAL WATER MANAGEMENT
PROGRAM IMPLEMENTATION GRANT AWARD FOR THE NORTH SAN DIEGO
WATER REUSE COALITION REGIONAL RECYCLED WATER PROGRAM AND
AUTHORIZING THE CARLSBAD MUNICIPAL WATER DISTRICT EXECUTIVE
MANAGER OR DESIGN EE TO SIGN THE AGREEMENT
WHEREAS, the Carlsbad Municipal Water District, or CMWD, Board has determined that the
expansion of recycled water use provides a renewable, local and drought-proof supply of water for
irrigation and other uses; and
WHEREAS, state grant funds offset ratepayer costs for local recycled water infrastructure
projects; and
WHEREAS, the CMWD has partnered with the North San Diego Water Reuse Coalition, or
NSDWRC, to successfully obtain state grant funding for local recycled water projects; and
WHEREAS, the Olivenhain Municipal Water District, as lead agency for the NSDWRC, has drafted
a local project participant agreement for participating agencies in the NSDWRC to receive the approved
state grant funding; and
WHEREAS, the CMWD will use the grant funds in the amount of $838,593 for the city's Recycled
Water Phase Ill Reservoir project, Capital Improvement Program Project No. 5210, to support the
expansion of recycled water; and
WHEREAS, the City Planner has determined that this action does not constitute a project within
the meaning of the California Environmental Quality Act under California Public Resources Code Section
21065 in that it has no potential to cause either a direct physical change in the environment or a
reasonably foreseeable indirect physical change in the environment and therefore does not require
environmental review.
NOW, THEREFORE, BE IT RESOLVED by the CMWD Board of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the Board approves the local project participant agreement, Attachment A, for the
administration of state grant funds for recycled water.
3.That the Board authorizes the CMWD Executive Manager or designee to sign the local
participant agreement, Attachment A, and submit the executed agreement to the
Olivenhain Municipal Water District.
PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water
District Board of the City of Carlsbad on the 22nd day of August, 2023, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
Blackburn, Bhat-Patel, Acosta, Burkholder, Luna.
None.
None.
None.
!i1-
KEITH BLACKBURN, President
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SHERRY FREISINGER, Secretary
(SEAL)
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AGREEMENT FOR THE PROPOSITION 1 ROUND 2 INTEGRATED REGIONAL WATER MANAGEMENT PROGRAM IMPLEMENTATION GRANT BETWEEN OLIVENHAIN MUNICIPAL WATER DISTRICT AND LOCAL PROJECT PARTICIPANTS
PROJECT ID NO. 1-2-4-80089
THIS AGREEMENT is entered into by and between Olivenhain Municipal Water Agency, a Public Agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof and Local Project Sponsor, herein referred to as the "LPS” or “OMWD,” and Carlsbad Municipal Water District (Carlsbad),
Leucadia Wastewater District (Leucadia), the City of Oceanside (Oceanside), Rincon del Diablo Municipal Water District (Rincon), San Elijo Joint Powers Authority (SEJPA), and Vallecitos Water District (Vallecitos), collectively referred to as “Local Project Participants” or “LPP,” for distribution of an Integrated Regional Water
Management (IRWM) Grant Award from the State of California Department of Water Resources (State) via local grant administrator, San Diego County Water Authority (SDCWA). Local Project Sponsor and Local Project Participants are collectively referred to as “Parties.”
RECITALS:
1)WHEREAS, since 2005, the City of San Diego, County of San Diego, and SDCWA have jointly operatedas a Regional Water Management Group (RWMG) under successive Memoranda of Understanding(MOU) for purposes that include division of responsibilities regarding the IRWM Plan and foradministration of IRWM grant monies awarded to the San Diego IRWM Region by the State; and
2)WHEREAS, in 2010, OMWD and LPPs came together in order to encourage the beneficial reuse ofwastewater across jurisdictional boundaries, working as the North San Diego County Water ReuseCoalition (NSDWRC). Project components of NSDWRC’s Regional Recycled Water Program (RRWP)
were included in the San Diego IRWM Plan. Participants in this phase of the RRWP, herein referred to as“Project,” include OMWD and six LPPs; and
3)WHEREAS, in November 2014, California voters approved Proposition 1, the Water Quality, Supply, and
Infrastructure Improvement Act of 2014, providing $510 million in IRWM to support projects included in theState-approved and adopted IRWM plans; and
4)WHEREAS, to qualify for IRWM funding from Proposition 1, an IRWM planning region must have anIRWM Plan that is consistent with Water Code section 15030 et. seq., and been approved by the State,and the 2019 San Diego IRWM Plan has met those requirements; and
5)WHEREAS, in December 2020, the RWMG executed a new MOU for the San Diego IRWM Plan andgrant program for calendar years 2021 through 2025, replacing prior MOUs and any amendments,reaffirming the respective roles of each party, including SDCWA as the responsible party for
administration of IRWM grant monies; and
6)WHEREAS, in May 2022, the State solicited for projects for a second round of grants to be funded byProposition 1. Components of the RRWP were included in the Round 2 San Diego IRWM Region’s
application to the State. In November 2022, the State issued its final funding recommendations for theIRWM Proposition 1 Round 2 grant program.
7)WHEREAS, effective April 2023, SDCWA, acting on behalf of the San Diego RWMG, entered into a
$16,084,697 grant agreement with the State for Proposition 1 Round 2. The San Diego RWMG committeda total of $3,731,783 of this award to components of the RRWP.
8)WHEREAS, in June 2023, OMWD entered into a LPS Agreement with SDCWA for the Proposition 1Round 2 IRWM implementation grant (attached hereto as Exhibit A). In the capacity of LPS, OMWD isrequired to act on SDCWA’s behalf for matters pertaining to the RRWP for the purposes of projectmanagement, oversight, compliance, operations, and maintenance. OMWD is also required to act on
SDCWA’s behalf in the fulfillment of SDCWA’s responsibilities as specifically identified in SDCWA’s GrantAgreement with the State.
Attachment A
The Recitals are incorporated herein, and the Parties agree as follows:
1)DEFINITIONS. The following words and terms, unless otherwise defined, shall mean:
A.LPS means Local Project Sponsor. A LPS is a proponent of individual projects that will be funded aspart of the IRWM Program from the State. The LPS for this Agreement is OMWD.
B.LPP means Local Project Participant: A LPP is a proponent of a project component funded as part of
the IRWM grant from DWR that is not serving as Local Project Sponsor. For purposes of thisAgreement, LPPs are Carlsbad, Leucadia, Oceanside, Rincon, SEJPA, and Vallecitos.
C.Grant Agreement means Grant Agreement No. 4600014983 between the San Diego County Water
Authority and the State of California Department of Water Resources, dated April 20, 2023, for thedisbursement of $16,084,697 in Grant Funds from Proposition 1, and is available upon request.
D.LPS Agreement: The agreement between SDCWA and LPS for the performance of the Project andreceipt of the Grant Funds allocated for the Project.
E. LPP Agreement means this Local Project Participant Agreement between LPS and the LPPs for theperformance of its project component and receipt of the Grant Funds allocated for the projectcomponent.
F.Project 1-2-4-80089: One or more projects of the North San Diego Water Reuse Coalition–RegionalRecycled Water Program.
G.Grant/Grant Funds/Grant Funding/Grant Amount means the funding awarded to the Project from theState under the Grant Agreement.
2)TERM OF AGREEMENT. The term of this LPP Agreement begins on November 23, 2022, through finalpayment plus three (3) years unless otherwise terminated or amended as provided in this LPP Agreement.However, all work in Exhibit B (Work Plan) shall be completed by the date reflected in Exhibit D
(Schedule) or by September 30, 2027, whichever is sooner.
3)GRANT AMOUNT. The maximum Grant Funds payable by this LPP Agreement shall not exceed$3,731,783.
4)COST SHARE. Cost Share is the amount needed to fund the Project above the Grant amount. TheLPP is required to provide a minimum of fifty (50) percent of project component costs, unless eligible tobe waived, reflected as “Required Cost Share: Non-state Fund Source”, as set forth in Exhibit C
(Budget). Required Cost Share may include Eligible Project Costs directly related to Exhibit B incurredafter January 1, 2015. A change in the project component’s total costs may change the required CostShare. Exhibit C also defines each LPP’s funding share. LPP is required to comply with the additionalguidance and requirements regarding Cost Share as provided in Exhibit H (State and Local ProjectSponsor Audit Document Requirements and Cost Share Guidelines).
Other Cost Share is the amount necessary to fund the LPP’s project component in addition to the Grant
Amount and Required Cost Share. Other Cost Share may be reviewed by LPS, SDCWA, or the State
for invoicing purposes; however, the LPP is required to maintain all financial records associated with its
project component in accordance with Exhibit H.
5) LPP RESPONSIBILITIES. LPP and its representatives shall:
A.Faithfully and expeditiously perform or cause to be performed all work as described in Exhibit B and
in accordance with Exhibits C and D. LPP shall be responsible for oversight, compliance, andoperations and maintenance of LPP’s project component identified in this LPP Agreement.
B.LPP or its representatives shall perform regular inspections of any construction work in progress.
C.Accept and agree to comply with all terms, provisions, conditions, and written commitments of thisLPP Agreement, including all incorporated documents, and to fulfill all assurances, declarations,
representations, and statements made by LPP in the application, documents, amendments, andcommunications filed in support of its request for funding.
D.Comply with all applicable federal, state, and local laws and regulations to execute this LPP
Agreement and implement the LPP’s project component.
E.Fulfill its obligations under the LPP Agreement and be responsible for the performance of its projectcomponent.
F.Obtain any and all permits, licenses, and approvals required for performing any work under this LPPAgreement, including those necessary to perform design, construction, or operation andmaintenance of the LPP’s project component. LPP shall provide copies of permits and approvals tothe LPS.
G.Be solely responsible for design, construction, operation, and maintenance of LPP’s projectcomponent within Exhibit B (Work Plan). Review or approval of plans, specifications, biddocuments, or other construction documents by the State is solely for the purpose of properadministration of funds by the State, SDCWA, or LPS, and shall not be deemed to relieve or restrictresponsibilities of LPP under this LPP Agreement.
H.Be solely responsible for all work and for persons or entities engaged in work performed pursuant tothis LPP Agreement, including, but not limited to, contractors, subcontractors, suppliers, andproviders of services. The LPP shall be responsible for any and all disputes arising out of itscontracts for work on the LPP’s project component, including but not limited to payment disputeswith contractors and subcontractors. The State, SDCWA, and LPS will not mediate disputes
between the LPP and any other entity concerning responsibility for performance of work.
I.LPP shall fulfill its obligations in a manner that is consistent with this LPP Agreement, the LPSAgreement, the Grant Agreement (No. 4600014983), and the IRWM Program.
J.Cost sharing for all grant administration support services shall be based on the percentage of theLPP’s project component funding share, and are listed below.
LPP/LPS Project Component Portion of Project Administrative Costs
Carlsbad Recycled Water Tank 22.47%
Oceanside Downtown Recycled Water Main Extensions and Services 19.22%
Rincon Pump Station Upgrades 5.59%
OMWD Recycled Water Pipeline Extensions 12.63%
Extension 153 flow meter
Leucadia Recycled Water Pipeline Replacement 3.98%
SEJPA Wanket Recycled Water Pipeline 7.09%
Vallecitos Meadowlark Chlorine Contact Tank Expansion 29.02%
OMWD shall act as the administrator for consultant agreements for grant administration support services at no charge to the Parties. OMWD will administer grant administration support as a convenience only and assumes no other responsibility under said contract(s) on behalf of the other
Parties. Any reports provided to OMWD by a consultant shall be shared with all Parties.
OMWD shall provide copies of any consultant invoices with proof of payment when invoicing LPPs for grant administration support services throughout the year. All Parties shall have the right to
comment on these records and request corrections thereto if necessary.
In the event that any party to this LPP Agreement notifies all other Parties in writing of its intent to
terminate participation in this joint LPP Agreement, no refunds of any monies already paid will be
reimbursed and the party will have no further interest or right in this LPP Agreement or state funding being pursued. The remaining Parties agree to adjust their future cost sharing percentages
proportionately to any adjustment in project component funding shares among the remaining Parties.
K.The LPP has reviewed and shall demonstrate compliance with all eligibility criteria as set forth in
Section II of the 2022 IRWM Program Guidelines (2022 Guidelines). Guidelines can be viewed athttps://water.ca.gov/-/media/DWR-Website/Web-Pages/Work-With-Us/Grants-And-Loans/IRWM-Grants/Files/Prop-1-Implementation/Round-2/2022-Integrated-Regional-Water-Management-Grant-
Program-Guidelines.pdf.
6)GENERAL CONDITIONS.
A.The LPS shall have no obligation to disburse money for the LPP’s project component under this LPPAgreement until the LPP has satisfied the following conditions (if applicable):
i.The LPP shall demonstrate compliance with all eligibility criteria including those set forth onpages 9-11, inclusive, of the 2022 Guidelines.
ii.For the term of this LPP Agreement, the LPP shall submit quarterly Progress Reports whichmay accompany an invoice and invoice backup documentation. The quarterly Progress Report
shall be submitted within eight (8) days following the end of the calendar quarter (i.e., reportsdue June 8, September 8, December 8, and March 8) with deliverables, as required byParagraph 15, “Submission of Reports” and Exhibit B (Work Plan).
iii.Prior to the commencement of construction or implementation activities, if applicable, the LPPshall submit the following to the State, via SDCWA and the LPS.
1.Final plans and specifications certified, signed, and stamped by a California Registered
Civil Engineer (or equivalent registered professional as appropriate) to certify compliancefor its approved project component as listed in Exhibit B of this LPP Agreement.
2.Work that is subject to the California Environmental Quality Act (CEQA) (including final
land purchases) shall not proceed under this LPP Agreement until the following actionsare performed:
a) The LPP submits to the State, via SDCWA and the LPS, all applicable permits, asindicated on the Environmental Information Form to the State,
b)All documents that satisfy the CEQA process are received by the State, via SDCWAand the LPS,
c)The State has completed its CEQA process as a Responsible Agency, and
d) The LPP receives written notification from the State via SDCWA and the LPS ofconcurrence with the LPS’ CEQA documents (s) and the State’s notice of verificationof permit submittal.
The State’s concurrence of 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 component, or to
require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this LPP Agreement. The LPP shall also demonstrate that it has complied with all applicable requirements of the National
Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning
construction/ implementation.
3.A monitoring plan as required by Paragraph 17, “Monitoring Plan Requirements,” ifapplicable.
7)DISBURSEMENT OF GRANT FUNDS. Pursuant to Paragraph 9, “Method of Payment” and subject to theavailability of funds disbursed to the LPS by SDCWA, the LPS will release to the LPPs through normalLPS processes the grant reimbursement amount approved by and received from the State.
Notwithstanding any other provision of this LPP Agreement, no disbursement shall be required at any timeor in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, orwhich 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 LPP under this LPPAgreement and any interest earned by the LPP therefrom shall be used solely to pay Eligible ProjectCosts.
8)ELIGIBLE PROJECT COST. The LPP shall apply the State funds received only to Eligible Project Costs inaccordance with applicable provisions of the law and this LPP Agreement including but not limited toExhibit C (Budget). Eligible Project Costs include the reasonable costs of studies, engineering, design,land and easement acquisition and associated legal fees, preparation of environmental documentation,environmental mitigations, monitoring, and project component construction. Reimbursable administrative
expenses are the necessary costs incidental but directly related to the project components included in thisLPP Agreement. Costs incurred after November 22, 2022, may be eligible for reimbursement.
Costs that are not eligible for reimbursement include, but are not limited to, the following items:
A.Costs, other than those noted above, incurred prior to the award date of this Grant.
B.Costs for preparing and filing a grant application.
C.Operation and maintenance costs, including post construction performance and monitoring costs.
D.Purchase of equipment that is not an integral part of a project component.
E.Establishing a reserve fund.
F.Purchase of water supply.
G.Replacement of existing funding sources (e.g., bridge loans).
H.Meals, food items, or refreshments.
I.Payment of any punitive regulatory agency requirement, including federal or state taxes.
J.Purchase of land in excess of the minimum required acreage necessary to operate as an integral partof a project component, as set forth and detailed by engineering and feasibility studies, or acquisitionof land by eminent domain.
K.Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or joint purposebenefiting more than one cost objective and are not readily assignable to the funded projectcomponent (i.e., costs that are not directly related to the funded project component). Examples ofIndirect Costs include, but are not limited to: central service costs; general administration of the LPP;non-project-component-specific accounting and personnel services performed within the LPP’sorganization; depreciation or use allowances on buildings and equipment; the costs of operating andmaintaining non-project-component-specific facilities; tuition and conference fees; forums, trainings,and seminars; and generic overhead or markup. This prohibition applies to the LPP, and anysubcontract or sub-agreement for work on the project component that will be reimbursed pursuant tothis LPP Agreement. See Exhibit J (Invoice Guidance for Administrative and Overhead charges).
L.Mitigation for environmental impacts not resulting from implementation of the project component
funded by this program.
M.Costs incurred as part of any necessary response and cleanup activities required under theComprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation
and Recovery Act; Hazardous Substances Account Act; or other applicable law.
9)METHOD OF PAYMENT. After the disbursement requirements in Paragraph 6, “General Conditions” aremet, the LPS will release the whole or portions of Grant Funding received from the State, via SDCWA, to
the LPP, following receipt from the LPP of an electronic invoice transmitted via email (or by other meansas directed) for costs incurred, including local Cost Share, and timely quarterly Progress Reports asrequired by Paragraph 15, “Submission of Reports.” Payment will be made no more frequently thanquarterly, in arrears, upon receipt of an invoice bearing the LPP Agreement number. A quarterly ProgressReport must accompany an invoice and shall be submitted within eight (8) days following the end of thequarter (i.e., due June 8, September 8, December 8, and March 8). The LPS will notify the LPP, in a timelymanner, whenever, upon review of an invoice, the LPS, SDCWA, or the State determines that any portionor portions of the costs claimed are not eligible costs or is not supported by documentation or receiptsacceptable to the State. The LPP may, within ten (10) calendar days of the date of receipt of such notice,submit additional documentation to the LPS to cure such deficiency(ies). If the LPP fails to submitadequate documentation curing the deficiency(ies), the LPS, SDCWA, or the State will adjust the pendinginvoice by the amount of ineligible or unapproved costs.
Invoices submitted by the LPP shall include the following information:
A.Costs incurred for work performed in implementing the project component during the period identifiedin the particular invoice.
B.Costs incurred for any interests in real property (land or easements) that have been necessarilyacquired for a project component during the period identified in the particular invoice for theimplementation of a project component.
C.Invoices shall be submitted on forms provided by the LPS and shall meet the following formatrequirements:
i.Invoices shall contain the date of the invoice, either the time period covered by the invoice orthe invoice date received within the time period covered, and the total amount due.
ii.Invoices shall be itemized based on the categories specified in Exhibit C (Budget). The amountclaimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours ordays worked times the hourly or daily rate = the total amount claimed). A Personnel HoursBilling Rates letter shall accompany an invoice if any amount is claimed for LPP salaries orwages.
iii.One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table,time sheets) shall be provided for all costs included in the invoice.
iv.Each invoice shall clearly delineate those costs claimed for reimbursement from the GrantAmount, as depicted in Paragraph 3, “Grant Amount” and, if applicable, those costs claimed aslocal Cost Share, as depicted in Paragraph 4, “Cost Share”.
v.Invoices shall be certified and submitted via email (or by other means as directed) by theauthorized representative identified in Paragraph 25, “Project Managers” of this LPP
Agreement, or their authorized designee. A letter authorizing a designee must be provided tothe LPS.
All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted
pursuant to this LPP Agreement shall only be for the tasks set forth herein. The LPP 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., Cost Share). Any eligible costs for which the LPP
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 LPP Agreement requiring the repayment of all
funds disbursed hereunder plus interest. Additionally, the State, SDCWA, or the LPS may request an audit pursuant to Standard Condition E.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ.
Code, §§ 1572-1573; Pen. Code, §§ 470, 487-489.)
10)ADVANCED PAYMENT. Water Code section 10551 authorizes advanced payment by the State forprojects included and implemented in an applicable Integrated Regional Water Management Plan, and
when the project proponent is a nonprofit organization; a disadvantaged community (DAC); or the projectbenefits a DAC. If a project is awarded less than $1,000,000 in Grant Funds, the project proponent mayreceive an advanced payment of fifty (50) percent of the grant award; the remaining fifty (50) percent ofthe grant award will be reimbursed in arrears after the advanced funds of a budget category have beenfully expended. Within thirty (30) calendar days of execution of this LPP Agreement, the LPP may providethe LPS an Advanced Payment Request. Advanced Payment Requests received thirty-one (31) calendardays after the execution of this LPP Agreement will not be eligible to receive an advanced payment.
A.The Advanced Payment Request shall contain the following:
i. Descriptive information of the LPP’s project component with an update on project status;
ii.Identification as to whether the LPP or any of its local project proponents are nonprofitorganizations or a DAC, or whether the LPP’s project component benefits a DAC;
iii.A detailed funding plan that includes how the advanced payment will be expended (in terms ofwork plan, budget, and schedule) within the timeframe agreed upon by the LPS and the LPP.The funding plan must clearly identify the total budget for the project component (at the budget
category level) that clearly shows the portion of advanced payment and reimbursement funds;and
iv.Any other information that the LPS, SDCWA, or the State may deem necessary.
B.Upon review and approval of the Advanced Payment Request submitted to the State, via SDCWA andthe LPS, on behalf of the LPP, the State will authorize release of Grant Funds in the fully requestedamount for the qualified project component to the LPS, and the LPS will release the funds receivedfrom the State to the LPP. Based on the funding plan and other considerations, the State maydetermine it is not prudent to advance the full request in a single disbursement. In such a case, theState, SDCWA, and the LPS will develop a “Disbursement Schedule” to disburse funds in installments.This Disbursement Schedule may change based on the individual LPP components of the Project’songoing compliance with the Advanced Payment requirements and the Project’s cash flow needs.
C.Once the Advanced Payment Request is authorized by the State, the LPP shall submit to the LPS anAdvanced Payment Invoice(s) for the approved amount, or the amount based on the “DisbursementSchedule”, via email (or other means as directed) with signature and date of the LPP Project Managerindicated in Paragraph 25, “Project Managers.” The LPS shall be responsible for the timely distributionto the LPP of the advanced funds received from the State via SDCWA.
The Advanced Payment Invoice(s) shall be submitted on forms provided by the LPS and shall meet
the following format requirements:
i.Invoices shall contain the date of the invoice, the time period covered by the invoice, and thetotal amount due.
ii.Invoice shall be itemized based on the budget categories specified in Exhibit C (Budget).
iii.The LPS will notify the LPP in a timely manner when, upon review of an Advance PaymentInvoice, the State determines that any portion or portions of the costs claimed are not eligible
costs. The LPP may, within ten (10) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies).
iv.On a quarterly basis, the LPP will submit an Accountability Report to the LPS thatdemonstrates how actual expenditures compare with the scheduled budget. The Accountability
Report shall include the following information:
1.An itemization of how advanced funds have been spent to-date (Expenditure Report),including documentation that supports the disbursements (e.g., contractor invoices,
receipts, personnel hours, etc.). Accountability Reports shall be itemized based on thebudget categories specified in Exhibit C (Budget).
2.An updated Accountability Report including an updated funding plan that depicts how theremaining advanced funds will be expended and the activities and deliverables associatedwith the advanced funds within the timeframe agreed upon by the LPS and the LPP whenthe advanced payment request was approved.
3.Documentation that the funds were placed in a non-interest-bearing account, including thedates of deposits and withdrawals from that account.
4.Proof of distribution of advanced funds to LPP, if applicable.
v.The LPS will notify the LPP, in a timely manner, when, upon review of the Accountability Report,the State determines that any portion of the expenditures claimed are not eligible costs. The LPPmay, within ten (10) calendar days of the date of receipt of such notice, submit additionaldocumentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit B(Work Plan), the claim will be rejected, and the costs removed from the Accountability Report.
D.Once the LPP has spent all advanced funds in a budget category, then the method of payment willrevert to the reimbursement process for that budget category specified in Paragraph 9, “Method of
Payment for Reimbursement.”
11)REPAYMENT OF ADVANCES. The LPS may demand repayment from the LPP of all or any portion of theadvanced funding along with interest at the California general obligation bond interest rate at the time theLPS notifies the LPP, as directed by the State, and take any other action that it deems necessary toprotect its interests for the following conditions:
A.The LPP’s project component is not being implemented in accordance with the provisions of this LPPAgreement.
B.The LPP has failed in any other respect to comply with the provisions of this LPP Agreement, and ifthe LPP does not remedy any such failure to the LPS’ satisfaction.
C.Failure by the LPP to submit complete and accurate quarterly Accountability Reports by the requireddue dates, unless otherwise approved by the LPS.
D.Failure to deposit the funds in a non-interest-bearing account.
E.Use of Advance Payment funds for ineligible expenses and/or activities not consistent with this LPPAgreement.
F.Inappropriate use of funds, as deemed by the LPS, SDCWA, and/or the State.
G.Repayment amounts may also include:
i.Actual costs incurred, which are not consistent with the activities presented in Exhibit B (Work
Plan), not supported, or are ineligible.
ii.Advanced funds which are not fully expended by the LPP’s project component completion,notwithstanding Water Code section 10551(c)(4). Unused Grant Funds shall be returned to the
LPS within thirty (30) calendar days.
Any repayment of advanced funds may consist of reducing the amount from future reimbursement invoices. The LPS may consider the LPP’s refusal to repay the requested advanced amount a material
breach of this LPP Agreement subject to the default provisions in Paragraph 13, “Default Provisions.” If the LPS notifies the LPP of its decision to demand repayment or withhold the entire funding amount from the LPP pursuant to this Paragraph, this LPP Agreement shall terminate upon receipt of such notice by
the LPP and the LPS shall no longer be required to provide funds under this LPP Agreement.
12)WITHHOLDING OF DISBURSEMENTS BY THE LPS.
A.If the LPS determines that the LPP’s project component is not being implemented in accordance withthe provisions of this LPP Agreement, or that the LPP has failed in any other respect to comply withthe provisions of this LPP Agreement, and if the LPP does not remedy any such failure to the LPS’satisfaction, the LPS may withhold from the LPP all or any portion of the Grant Funding and take anyother action that it deems necessary to protect its interests. Where a portion of the Grant Funding hasbeen disbursed to the LPP and the LPS notifies the LPP of its decision not to release funds that havebeen withheld pursuant to Paragraph 13, “Default Provisions,” the portion that has been disbursedshall thereafter be repaid immediately with interest at the California general obligation bond interestrate at the time the LPS notifies the LPP, as directed by the LPS. The LPS may consider the LPP’s
refusal to repay the requested disbursed amount a material breach subject to the default provisions inParagraph 13, “Default Provisions.” If the LPS notifies the LPP of its decision to withhold the entirefunding amount from the LPP pursuant to this Paragraph, upon receipt of such notice by the LPP, the
LPS shall no longer be required to provide funds to the LPP under this LPP Agreement and the LPPAgreement shall no longer be binding on the LPP.
B.The LPS shall withhold future LPP disbursements for non-payment of grant administration services
costs.
13)DEFAULT PROVISIONS. The LPP shall be in default under this LPP Agreement if any of the followingoccur:
A.Substantial breaches of this LPP Agreement, or any supplement or amendment to it, or any otheragreement between the LPP and the LPS evidencing or securing the LPP’s obligations.
B.Making any false warranty, representation, or statement with respect to this LPP Agreement or theapplication filed to obtain the Grant for this LPP Agreement.
C.Failure to operate or maintain the project component in accordance with this LPP Agreement.
D.Failure to make any remittance required by this LPP Agreement, including any remittancerecommended as the result of an audit conducted pursuant to Standard Condition E.5, “Audits”.
E.Failure to submit timely quarterly Progress Reports pursuant to Paragraph 6, “General Conditions”.
F.Failure to routinely invoice pursuant to Paragraph 9, “Method of Payment for Reimbursement”.
G.Failure to meet any of the requirements set forth in Paragraph 14, “Continuing Eligibility”.
In the event the LPS finds it necessary to enforce this provision of this LPP Agreement in the manner
provided by law, the LPP agrees to pay all costs incurred by the LPS including, but not limited to, costs incurred by and reimbursed to the State by the LPS via SDCWA, reasonable attorneys' fees, legal expenses, and other costs.
Should an event of default occur, the LPS shall provide a notice of default to the LPP and shall give the LPP at least seven (7) calendar days to cure the default with notice established pursuant to Paragraph 22, “Notices”. If the LPP fails to cure the default within the time prescribed by the LPS, the LPS may do any of the following:
A.Declare the funding be immediately repaid, with interest, which shall be equal to the State of Californiageneral obligation bond interest rate in effect at the time of the default.
B.Terminate any obligation to make future payments to the LPP.
C.Take any other action that it deems necessary to protect its interests.
14)CONTINUING ELIGIBILITY. The LPP shall meet the following ongoing requirement(s) and all eligibility
criteria outlined in the 2022 Guidelines to remain eligible to receive Grant Funds:
A.An urban water supplier that receives Grant Funds pursuant to this LPP Agreement shall maintaincompliance 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.) as set forth on page11 of the 2022 Guidelines (https://water.ca.gov/-/media/DWR-Website/Web-Pages/Work-With-Us/Grants-And-Loans/IRWM-Grants/Files/Prop-1-Implementation/Round-2/2022-Integrated-Regional-Water-Management-Grant-Program-Guidelines.pdf) and as stated on pages 24-25 of the 2022 IRWMImplementation Grant Proposal Solicitation Package for Proposition 1, Round 2 (https://water.ca.gov/-/media/DWR-Website/Web-Pages/Work-With-Us/Grants-And-Loans/IRWM-Grants/Files/Prop-1-Implementation/Round-2/Accessible-Implementation-Grant-Proposal-Solicitation-Package-v2.pdf).
B.An agricultural water supplier receiving Grant Funds shall comply with Sustainable Water Use and
Demand Reduction requirements outlined in Water Code section 10608, et seq. and have theirAgricultural Water Management Plan (AWMP) deemed consistent by the State. To maintain eligibilityand continue funding disbursements, an agricultural water supply shall have their 2015 AWMPidentified on the State’s website. For more information, visit the website listed in Appendix A in the2022 Guidelines.
C.A surface water diverter receiving Grant Funds shall maintain compliance with diversion reporting
requirements as outlined in Water Code section 5100 et. seq.
D.If applicable, the LPP shall demonstrate compliance with the Sustainable Groundwater ManagementAct (SGMA) set forth on page 10 of the 2022 Guidelines.
E.If the LPP has been designated as a monitoring entity under the California Statewide GroundwaterElevation Monitoring (CASGEM) Program, the LPP shall maintain reporting compliance, as required byWater Code section 10932 and the CASGEM Program.
F. The LPP shall adhere to the protocols developed pursuant to the Open and Transparent Water DataAct (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control.
G.On March 4, 2022, the Governor of California issued Executive Order N-6-22 (the EO) regardingEconomic Sanctions against Russia and Russian entities and individuals. The EO may be found at:https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-Order.pdf.“Economic Sanctions” refers to sanctions imposed by the US government in response to Russia’sactions in Ukraine, as well as any sanctions imposed under state law. The EO directs the state toterminate funding agreements with, and to refrain from entering any new agreements with, individualsor entities that are determined to be a target of Economic Sanctions. Accordingly, should the State orthe LPS determine that the LPP is a target of Economic Sanctions or is conducting prohibitedtransactions with sanctioned individuals or entities, that shall be grounds for termination of this LPP
Agreement. The LPS shall provide the LPP advance written notice of such termination, allowing theLPP at least thirty (30) calendar days to provide a written response. Termination shall be at the solediscretion of the State or the LPS.
15)SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successfulcompletion of this LPP Agreement. Reports shall meet generally accepted professional standards fortechnical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to
submittal to the LPS. All reports shall be submitted via email (or other means as directed). If requested,the LPP shall promptly provide any additional information deemed necessary by the LPS for the approval
of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F (Report Formats and Requirements.) The timely submittal of reports is a requirement for initial and
continued disbursement of Grant Funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any Grant Funds retained for such Project, including project components.
A.Quarterly Progress Reports: The LPP shall submit quarterly Progress Reports to meet the LPS’requirement for disbursement of Grant Funds. Progress Reports shall be emailed to the LPS (or byother means as directed). Progress Reports shall, in part, provide a brief description of the work
performed, the LPP’s activities, milestones achieved, any accomplishments, and any problemsencountered in the performance of the work under this LPP Agreement during the reporting period.Progress Reports must accompany an invoice and shall be submitted within eight (8) days followingthe end of the quarter (i.e., due June 8, September 8, December 8, and March 8).
B.Accountability Report: The LPP shall prepare and submit to the LPS an Accountability Report with theProgress Report if the LPP received an advanced payment, consistent with the provisions inParagraph 10, “Advanced Payment.”
C.Project Completion Report: The LPP shall prepare and submit to LPS a Project Completion Report (asoutlined in Exhibit F (Report Formats and Requirements) within fifty (50) calendar days of projectcomponent completion.
D.Post-Performance Reports: The LPP shall prepare and submit to the LPS Post-Performance Reports
for the individual LPP project component. Post-Performance Reports shall be submitted to the LPSwithin fifty (50) calendar days after the first operational year of the individual LPP project componenthas elapsed. This record keeping and reporting process shall be repeated annually for a total of three
(3) years after the implemented individual LPP project component begin operation.
16)OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementationprojects and in consideration of the Grant Funding made available by the State, the LPP agrees to ensure
or cause to be performed the commencement and continued operation of its project component, and shallensure or cause its project component to be operated in an efficient and economical manner; shall ensureall 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 itsconstruction, ordinary and reasonable wear and depreciation excepted. The LPS shall not be liable for anycost of such maintenance, management, or operation. The LPP or their successors may, with the writtenapproval of the LPS, transfer this responsibility to use, manage, and maintain the property. For purposesof this LPP Agreement, “useful life” means the period during which an asset, property, or activity isexpected to be usable for the purpose it was acquired or implemented; “operation costs” include directcosts 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 capitalassets and basic structures and the expenditure of funds necessary to replace or reconstruct capitalassets or basic structures. Refusal by the LPP to ensure operation and maintenance of its projectcomponent in accordance with this provision may, at the option of the LPS, be considered a breach of this
LPP Agreement and may be treated as default under Paragraph 13, “Default Provisions.”
17)MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the LPS prior todisbursement of Grant Funds by the State for construction or monitoring activities. The Monitoring Plan
should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F(Report Formats and Requirements) and follow the guidance provided in Exhibit I (Project Monitoring PlanGuidance).
18)STATEWIDE MONITORING REQUIREMENTS. The LPP shall ensure that all groundwater projectcomponents and project components that include groundwater monitoring requirements are consistentwith the Groundwater Quality Monitoring Act of 2001 (Water Code § 10780 et seq.) and, where applicable,that project components 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
(Requirements for Data Submittal) for web links and information regarding other state monitoring and data reporting requirements.
19)INDEMNIFICATION.
A.To the fullest extent permitted by law, the LPP shall:
i.Immediately defend; and
ii.Indemnify the LPS, SDCWA, and the State, and their directors, officers, and employees from
and against all liabilities including, regardless of nature or type arising out of or resulting fromLPP’s performance of services under this LPP Agreement including but not limited to any claimsor damages arising from or related to the planning, design, construction, operation, ormaintenance of the individual LPP project component, or any portion thereof, and any negligentor wrongful act or omission of the LPP or LPP’s officers, employees, agents, or subcontractors,and any breach of this LPP Agreement. Liabilities subject to the duties to defend and indemnifyinclude, without limitation all claims, losses, damages, penalties, fines, and judgments;associated investigation and administrative expenses; defense costs, including but not limited toreasonable attorneys’ fees; court costs; and costs of alternative dispute resolution. LPP’sobligation to indemnify applies unless it is adjudicated that its liability was caused by the solenegligence or willful misconduct of an indemnified party. If it is finally adjudicated that liability is
caused by the comparative active negligence or willful misconduct of an indemnified party, theLPP indemnification obligation shall be reduced in proportion to the established comparativeliability of the indemnified party.
B.The duty to defend is a separate and distinct obligation from the LPP’s duty to indemnify. The LPPshall be obligated to defend, in all legal, equitable, administrative, or special proceedings, withcounsel approved by the LPS, SDCWA, and the State, the LPS, SDCWA, and the State, their
directors, officers, and employees, immediately upon tender to the LPP of the claim in any form orat any stage of an action or proceeding, whether or not liability is established. An allegation ordetermination of comparative active negligence or willful misconduct by an indemnified party doesnot relieve the LPP from its separate and distinct obligation to defend the LPS, SDCWA, and theState. The obligation to defend extends through final judgment, including exhaustion of anyappeals.
C.The review, acceptance, or approval of the LPP’s work or work product by any indemnified partyshall not affect, relieve, or reduce the LPP’s indemnification or defense obligations. This Paragraphsurvives completion of the services or the termination of this LPP Agreement. The provisions of thisParagraph are not limited by and do not affect the provisions of this LPP Agreement relating toinsurance.
20)INSURANCE.
A.The LPP shall procure and maintain insurance and bonds until Project completion.
B.The LPP shall procure and maintain during the period of performance of this LPP Agreement
insurance from insurance companies admitted doing business in the State of California, as set forthin this Paragraph or as additionally required by supplemental condition. An approved combination ofpooled and self-insurance coverage is an acceptable alternative for general liability coverage. This
policy shall be primary insurance as to the LPS so that any other coverage held by the LPS shallnot contribute to any loss under the LPP’s insurance. Coverage may be provided by a combinationof primary and excess insurance policies, provided all insurers meet the requirements of thisParagraph.
C.All insurance shall cover occurrences during the coverage period.
D.The coverage amount of each policy of insurance shall be as required by the LPS.
i.The following insurance and limits are required for this LPP Agreement:
Commercial General Liability: Coverage at least as broad as ISO form GC 00 01 10 01. Limitper occurrence and aggregate: $2,000,000.
E.The insurance policies shall be endorsed as follows:
i.For commercial general liability as well as excess or umbrella insurance covering risks within
the scope of that type of insurance, Olivenhain Municipal Water District, its directors, officers,employees and agents; the San Diego County Water Authority, its directors, officers,employees and agents; and the State of California, its directors, officers, employees andagents are included as additional insureds with regards to liability and defense of suits orclaims arising from the operations, products, and activities performed by or on behalf of theNamed Insured. The LPP’s insurance applies separately to each insured, including insuredsadded pursuant to this Paragraph, against whom claim is made or suit is brought except withrespect to the policy limits of liability. The inclusion of any person or entity as an insured shall
not affect any right which the person or entity would have as a claimant if not so included. Anyfailure of the named insureds to comply with reporting provisions of the policy or breaches orviolations of warranties shall not affect coverage provided to the insureds added pursuant tothis Paragraph. The additional insured endorsement shall provide coverage at least as broadas ISO form CG 20 10 11 85.
ii.The LPP’s insurance shall be primary. Any other insurance or self-insurance available to the
LPS or persons stated in Paragraph 20 E.i. shall be in excess of and shall not contribute to thecontractor’s insurance.
iii.The insurance shall not be canceled or materially reduced in coverage except after thirty (30)
days prior written notice receipted delivery has been given to the LPS, except ten (10) days’notice shall be allowed for non-payment of premium.
F.Unless otherwise specified, the insurance shall be provided by an acceptable insurance provider,as determined by the LPS, which satisfies the following minimum requirements: An insurancecarrier admitted doing business in California and maintaining an agent for process within the state.Such insurance carrier shall maintain a current AM Best rating classification of "A- (A minus)" orbetter and a financial size of $10 million to $24 million (Class V) or better, or a Lloyds of Londonprogram provided by syndicates of Lloyds of London and other London insurance carriers,providing all participants are qualified to do business in California and the policy provides for anagent for process in the state and the program assures a financial capability at least equal to therequired classification and size for admitted insurers.
G.Certificates of insurance and endorsements shall be provided by the LPP and approved by theLPS before execution of the LPP Agreement. Endorsements may be provided on forms providedby the LPS, or substantially equivalent forms provided by the insurer.
H.Additional Insured: All consultants/contractors performing the scope of work on behalf of the LPPshall name the LPS, SDCWA, and the State (including their directors, officers, employees, andagents) as an additional insured on their commercial general liability policy and the policy shall be
endorsed with use of an ISO form CG 20 10 10 93 or equivalent.
21)NOTIFICATION OF LPS. The LPP shall promptly notify the LPS, in writing, of the following items:
A.Events or proposed changes that could affect the scope, budget, or work performed under this LPP
Agreement. The LPP agrees that no substantial change in the scope of a project component will beundertaken until written notice of the proposed change has been provided to the LPS and the LPS has
given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget.
B.Any public or media event publicizing the accomplishments and/or results of this LPP Agreement andprovide the opportunity for attendance and participation by LPS, SDCWA, and/or Staterepresentatives. The LPP shall make such notification at least thirty (30) calendar days prior to the
event.
C.Discovery of any potential archaeological or historical resource. Should a potential archaeological orhistorical resource be discovered during construction, the LPP agrees that all work in the area of the
find shall cease until a qualified archaeologist has evaluated the situation and made recommendationsregarding preservation of the resource, and the LPS in consultation with SDCWA and the State hasdetermined what actions should be taken to protect and preserve the resource. The LPP agrees toimplement appropriate actions as directed by the LPS.
D.The initiation of any litigation or the threat of litigation against the LPP regarding its project component,or circumstances that may affect its project component in any way.
E.Applicable to construction projects only: Final inspection of the completed work on a projectcomponent by a Registered Professional (Civil Engineer, Engineering Geologist, or other state-approved certified/licensed Professional), in accordance with Exhibit E. The LPP shall notify the LPS’Project Manager of the inspection date at least twenty-one (21) calendar days prior to the inspection inorder to provide the LPS, SDCWA, and the State the opportunity to participate in the inspection.
22)NOTICES. Any notice, demand, request, consent, or approval that any party desires or is required to giveto the other party under this LPP Agreement shall be in writing. Notices may be transmitted by any of thefollowing means:
A.By delivery in person.
B.By certified US mail, return receipt requested, postage prepaid.
C.By “overnight” delivery service; provided that next-business-day delivery is requested by the sender.
D.By electronic means.
E.Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery orreceipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the
date deposited with the US Postal Service. Notices sent by overnight delivery service will be deemedeffective one business day after the date deposited with the delivery service. Notices sentelectronically will be effective on the date of transmission, which is documented in writing. Noticesshall be sent to the addresses listed below. Either party may, by written notice to the other, designatea different address that shall be substituted for the one below.
23)PERFORMANCE EVALUATION. Upon completion of this LPP Agreement, the LPP’s performance may beevaluated by the LPS and a copy of the evaluation placed in the file of the LPS and a copy sent to theLPP.
24)GRANT FUNDING REALLOCATION. Grant Funding awarded to the Project or individual LPP projectcomponents may be reallocated to one or more project components if one of the conditions stated inthe IRWM Administrative Policy and Procedures for Reallocation of Grant Funding has been met. The
LPP confirms it has reviewed the policy and will abide by its terms; said policy is available athttp://www.sdirwmp.org/agreements-policies.
25)PROJECT MANAGERS. Either party may change its Project Manager upon written notice to the other
party. The LPS’ Project Manager shall be its representative for the administration of this LPP Agreementand shall have full authority to execute all payment requests. The LPP’s Project Manager shall be itsrepresentative for the administration of this LPP Agreement and shall have full authority to act on behalf of
the LPP, including the authority to execute all payment requests. The Project Managers during the term of this LPP Agreement are as follows:
Olivenhain Municipal Water District Kimberly A. Thorner General Manager 1966 Olivenhain Road
Encinitas, CA 92024 Phone: 760-753-6466 Email: kthorner@olivenhain.com
Carlsbad Municipal Water District Vicki Quiram
General Manager 5950 El Camino Real Carlsbad, CA 92008
Phone: 442-339-2722 Email: vicki.quiram@carlsbadca.gov
City of Oceanside Lindsay Leahy Water Utilities Director 300 North Coast Highway Oceanside, CA 92054
Phone: 760-435-5913 Email: lleahy@oceansideca.org
Leucadia Wastewater District Paul Bushee General Manager
1960 La Costa Avenue Carlsbad, CA 92009 Phone: 760-753-3094 Email: pbushee@lwwd.org
Rincon del Diablo Municipal Water District
Clint R. Baze General Manager 1920 North Iris Lane Escondido, CA 92026 Phone: 760-745-5522 Email: cbaze@rinconwater.org
San Elijo Joint Powers Authority Michael Thornton 2695 Manchester Avenue Cardiff, CA 92007
Phone: 760-753-6203 Email: thornton@sejpa.org
Vallecitos Water District Glenn Pruim 201 Vallecitos de Oro
San Marcos, CA 92069
Phone: 760-7 44-0460
Email: gpruim@vwd.org
26)STANDARD PROVISIONS. This LPP Agreement is complete and is the final LPP Agreement between theParties. The following Exhibits are attached and made a part of this LPP Agreement by this reference:
Exhibit A -Local Project Sponsor AgreementExhibit B -Work Plan
Exhibit C -Budget
Exhibit D -Schedule
Exhibit E -Standard Conditions
Exhibit F -Report Formats and Requirements
Exhibit G -Requirements for Data SubmittalExhibit H -State and Local Project Sponsor Audit Document Requirements and Cost Share GuidelinesExhibit I -Project Monitoring Plan GuidanceExhibit J -Invoice Guidance for Administrative and Overhead charges
IN WITNESS WHEREOF, the Parties hereto have executed this LPP Agreement.
DATED: _____ _ OLIVENHAIN MUNICIPAL WATER DISTRICT
By:
erly A. Thorner, General Manager
DATED: °V$Al;c2.h
By:
DATED: _____ _ LEUCADIA WASTEWATER DISTRICT
By:
Paul Bushee, General Manager
DATED: ______ _ CITY OF OCEANSIDE
By: ________________________________
Lindsay Leahy, Water Utilities Director
DATED: _______________ RINCON DEL DIABLO MUNICIPAL WATER DISTRICT
By: ________________________________
Clint R. Baze, General Manager
DATED: _______________ SAN ELIJO JOINT POWERS AUTHORITY
By: ________________________________
Michael Thornton, General Manager
DATED: _______________ VALLECITOS WATER DISTRICT
By: ________________________________
Glenn Pruim, General Manager
EXHIBIT A
LOCAL PROJECT SPONSOR AGREEMENT
EXHIBIT B
WORK PLAN
PROJECT 4: North San Diego Water Reuse Coalition – Regional Recycled Water Program
IMPLEMENTING AGENCY: Olivenhain Municipal Water District (OMWD)
PROJECT DESCRIPTION:
The Project will integrate recycled water systems across seven collaborating agencies to move recycled water
supply to locations of demand, increasing water reliability and optimizing system costs. The Project consists
of eight components, described below.
a)City of Oceanside (Oceanside) - Downtown Phase 2. This component includes approximately 5,580 linear
feet (LF) of new 8-inch recycled water main extensions and services from the Fallbrook line in the
downtown area. This component will deliver a total of 126 acre-feet per year (AFY) of new recycled
water.
b)OMWD - Calle Barcelona, Village Park, and Summerhill Extensions. OMWD will construct approximately
5,390 LF of new recycled water pipeline extensions and convert up to 27 meters from potable water to
recycled water. In total, 39 AFY of recycled water will be delivered via this component.
c)OMWD - Extension 153. This component will install a flowmeter and control valves along a recycled water
transmission main to ensure reliability and control to the Southwest Quadrant in OMWD. The component
will contribute 345 AFY to overall supply reliability.
d)San Elijo Joint Powers Authority (SEJPA) - Wanket Recycled Water Pipeline. SEJPA will design, permit,
and construct the connecting pipeline to the 3-million-gallon Wanket reservoir (which is being converted
from an abandoned potable water tank to a regional recycled water reservoir) to expand recycled water
service capacity and reliability. Work will include the design and construction of approximately 1,000 LF
of 12-inch or 16-inch diameter pipe and up to six 2-inch laterals and service meters and installation boxes,
asphalt demolition and repair, and miscellaneous pipe fittings. The total new recycled water yield from
this component is up to 15 AFY.
e)Carlsbad Municipal Water District (Carlsbad) Tank Site D. Carlsbad will construct a 1.5-million-gallon
steel tank and yard piping at Tank Site D for recycled water. Carlsbad facilities included in this component
will provide additional storage for new customer connections served by recently completed recycled water
pipeline projects.
f)Rincon del Diablo Municipal Water District (Rincon) Pump Station Upgrades. Rincon will improve the
ability to expand the customer base of the Beethoven Pump Station (PS) and the North Iris PS by
replacing the critical components within each pump station. Construction includes replacement of the
pump station enclosure, three pumps and three variable frequency drives at each pump station, electrical,
SCADA, and telemetry upgrades. These combined recycled water pump station upgrades will provide
the ability to deliver up to 1,050 AFY of recycled water.
g)Leucadia Wastewater District (Leucadia) Gafner B1 Pipeline. Leucadia will replace approximately 850
LF of the Secondary Effluent Force Main that transports secondary effluent from the Encina Water
Pollution Control Facility back to Gafner Water Recycling Facility. Once complete, facilities will contribute
271 AFY to overall supply reliability.
h)Vallecitos Water District (Vallecitos) Meadowlark Chlorine Contact Tank (CCT) Expansion. The CCTs at
Meadowlark Reclamation Facility (MRF) can process up to 5 million gallons per day (mgd) of recycled
water, and all other treatment components can process up to 6.5 mgd. Vallecitos will expand the chlorine
contact chamber from 5 to 6.5 mgd capacity to increase overall treatment capacity. This component will
result in 1,680 AFY of additional treatment capacity at MRF.
Budget Category (a): Project Administration
Task 1: Project Management
Manage LPP Agreement including compliance with grant requirements, and preparation and submission of
supporting grant documents and coordination with the LPS. Prepare invoices including relevant supporting
documentation for submittal to the State via SDCWA and LPS. This task also includes administrative
responsibilities associated with the Project such as coordinating with partnering agencies and managing
consultants/contractors.
Deliverables:
•Invoices and associated backup documentation
Task 2: Reporting
Prepare Progress Reports detailing work completed during the reporting period as outlined in Exhibit F of this
LPP Agreement. Submit reports to LPS for review and inclusion in a Progress Report to be submitted to
SDCWA and the State.
Provide LPS information to assist with Project Completion Report to be submitted to SDCWA and the
State. Deliverables:
•Quarterly Project Progress Reports
•Information to assist with Project Completion Report
•Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition E.2
Budget Category (b): Land Purchase/Easement
Task 3: Land Purchase
No land purchase or easement acquisition is required for this Project.
Deliverables: N/A
Budget Category (c): Planning/Design/Engineering/Environmental Documentation
Task 4: Feasibility Studies
Feasibility studies were completed as part of the Project development process, including the 2017 Regional
Recycled Water Program Feasibility Study.
Deliverables:
•Relevant Feasibility Studies
Task 5: CEQA Documentation
Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation.
Prepare letter stating no legal challenges (or addressing legal challenges).
Deliverables:
•All completed CEQA documents as required
•Legal Challenges Letter (one per component)
Task 6: Permitting
Obtain necessary permits for the Project.
The following permits have been acquired: City of Carlsbad Coastal Development Permit for D4 Tank; City of
Carlsbad Conditional Development Permit for D4 Tank.
The following permits are anticipated to be acquired for components of this Project: City of Escondido Traffic
Control Permit for Rincon’s Pump Station Upgrades; City of Encinitas Right-of-Way Permit for SEJPA’s Wanket
Recycled Water Pipeline.
Deliverables:
•Permits as required
Task 7: Design
The final design plans and specifications and cost estimates for construction will be developed for each of the
components of the Project.
Deliverables:
•Basis of Design Report
•100% Design Plans and Specifications
Task 8: Project Monitoring Plan
Develop and submit a Project Monitoring Plan per Paragraph 17 for the State’s review and approval.
Deliverables:
•Project Monitoring Plan
Budget Category (d): Construction/Implementation
Task 9: Contract Services
This task must comply with the Standard Condition E.11–Competitive Bidding and Procurements. Activities
necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents,
prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid
opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed.
Deliverables:
•Bid Documents
•Proof of Advertisement
•Award of Contract
•Notice to Proceed
Task 10: Construction Administration
This task includes managing contractor submittal review, answering requests for information, and issuing work
directives. A full-time engineering construction observer will be on site for the duration of the LPP’s project
components.
Construction observer duties include documenting of pre-construction conditions, daily construction diary,
preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule,
reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not
acceptable.
Deliverables:
•DWR Certificate of Project Completion
•Record Drawings, as applicable.
Task 11: Construction
Construction activities are outlined below.
Subtask 11(a): Oceanside - Downtown Phase 2–Mobilization, demobilization, and site preparation for this
component; construction of approximately 5,580 linear feet (LF) of 8-inch recycled water main extensions and
services; and site restoration to pre-construction conditions.
Subtask 11(b): OMWD - Calle Barcelona, Village Park, and Summerhill Extensions–Mobilization,
demobilization, and site preparation for this component; construct approximately 4,630 LF of 6-inch pipe and
760 LF of 4-inch pipe; convert up to 27 meters; and site restoration to pre-construction conditions.
Subtask 11(c): OMWD - Extension 153–Mobilization, demobilization, and site preparation for this component;
install a flowmeter and control valves; and site restoration to pre-construction conditions.
Subtask 11(d): SEJPA - Wanket Recycled Water Pipeline–Mobilization, demobilization, and site preparation
for this component; construct approximately 1,000 LF of 12-inch or 16-inch pipe and up to six 2-inch laterals,
service meters, and installation boxes, asphalt demolition and repair, and miscellaneous pipe fittings; and site
restoration to pre-construction conditions.
Subtask 11(e): Carlsbad - MWD Tank Site D–Mobilization, demobilization, and site preparation for this
component; construct a 1.5-million-gallon steel tank and yard piping.
Subtask 11(f): Rincon - Pump Station Upgrades–Mobilization, demobilization, and site preparation for this
component; replace six pumps and six variable frequency drives with electrical, SCADA, and telemetry
upgrades.
Subtask 11(g): Leucadia - Gafner B1 Pipeline–Mobilization, demobilization, and site preparation for this
component; replace approximately 850 LF of 16-inch ductile iron pipe with 16-inch PVC pipe.
Subtask 11(h): Vallecitos - Meadowlark CCT Expansion–Mobilization, demobilization, and site preparation for
this component; expand the chlorine contact chamber from 5 to 6.5 mgd capacity. The major element of this
component includes lengthening the existing concrete tank by 6 feet and raising the height by 4 feet.
Deliverables:
•Photographic Documentation of Progress
EXHIBIT C
BUDGET
PROJECT 4: North San Diego Water Reuse Coalition – Regional Recycled Water Program
Activity Grant Amount
Required Cost Share: Non-State Fund Source *
Other Cost Share ** Total Cost
(a) Project Administration $0 $0 $102,000 $102,000
Task 1: Project Management $0 $0 $51,000 $51,000
Task 2: Reporting $0 $0 $51,000 $51,000
(b) Land Purchase/Easement N/A N/A N/A N/A
Task 3: Land Purchase N/A N/A N/A N/A
(c) Planning / Design / Engineering / EnvironmentalDocumentation $0 $1,343,256 $53,000 $1,396,256
Task 4: Feasibility Studies N/A N/A N/A N/A
Task 5: CEQA Documentation $0 $0 $1,000 $1,000
Task 6: Permitting $0 $0 $20,000 $20,000
Task 7: Design $0 $1,343,256 $0 $1,343,256
Task 8: Project Monitoring Plan $0 $0 $32,000 $32,000
(d) Construction/Implementation $3,731,783 $7,656,744 $5,003,898 $16,392,425
Task 9: Contract Services $0 $0 $200,000 $200,000
Task 10: Construction Administration $0 $0 $1,600,000 $1,600,000
Task 11: Construction/Implementation Activities $3,731,783 $7,656,744 $3,203,898 $14,592,425
Subtask 11(a): Oceanside Downtown Phase 2 $717,348 $1,615,252 $745,790 $3,078,390
Subtask 11(b): OMWD Calle Barcelona, Village Park,
and Summerhill Extensions $443,667 $862,843 $337,919 $1,644,429
Subtask 11(c): OMWD Extension 153 $27,481 $41,571 $10,174 $79,227
Subtask 11(d): SEJPA Wanket Recycled Water Pipeline $264,660 $494,379 $183,162 $942,201
Subtask 11 (e): Carlsbad Tank Site D $838,593 $1,729,300 $727,853 $3,295,747
Subtask 11(f): Rincon Pump Station Upgrades $208,588 $460,375 $208,431 $877,394
Subtask 11(g): Leucadia Gafner B1 Pipeline $148,574 $254,434 $81,900 $484,908
Subtask 11(h): Vallecitos Meadowlark CCT Expansion $1,082,872 $2,198,590 $908,669 $4,190,131
TOTAL COSTS $3,731,783 $9,000,000 $5,158,898 $17,890,681
*List fund source(s): Required funding match will be provided from each project partners’ General Funds or CIPfunds, and federal funding under the US. Bureau of Reclamation’s WaterSMART Title XVI grant.**List sources of Other Cost Share, including other State Fund Sources: Other project costs will be provided fromeach project partners’ General Funds or CIP funds, as well as a portion of the Title XVI grant awarded to the projectnot needed for funding match.
EXHIBIT D
SCHEDULE
PROJECT 4: North San Diego Water Reuse Coalition–Regional Recycled Water Program
Categories Start Date End Date
(a) Project Administration 01/01/2023 12/01/2025
Task 1: Project Management 01/01/2023 12/01/2025
Task 2: Reporting 01/01/2023 12/01/2025
(b) Land Purchase / Easement N/A N/A
Task 3: Land Purchase N/A N/A
(c) Planning / Design / Engineering / Environmental
Documentation
01/01/2023 02/01/2024
Task 4: Feasibility Studies N/A N/A
Task 5: CEQA Documentation 01/01/2023 03/01/2023
Task 6: Permitting 01/01/2023 02/01/2024
Task 7: Design 01/01/2023 02/01/2024
Task 8: Project Monitoring Plan 01/01/2023 02/01/2024
(d) Construction / Implementation 09/01/2022 09/01/2025
Task 9: Contract Services 01/01/2023 09/01/2025
Task 10: Construction Administration 01/01/2023 09/01/2025
Task 11: Construction/Implementation Activities 01/01/2023 09/01/2025
Subtask 11(a): Oceanside Downtown Phase 2 10/01/2022 06/01/2024
Subtask 11(b): OMWD Calle Barcelona, Village Park,
and Summerhill Extensions
12/01/2022 09/01/2023
Subtask 11(c): OMWD Extension 153 09/01/2022 12/01/2022
Subtask 11(d): SEJPA Wanket Recycled Water Pipeline 09/01/2022 06/01/2025
Subtask 11 (e): Carlsbad Tank Site D 04/01/2023 06/01/2024
Subtask 11(f): Rincon Pump
Station Upgrades 12/15/2022 09/01/2023
Subtask 11(g): Leucadia Gafner B1 Pipeline 11/01/2023 04/30/2024
Subtask 11(h): Vallecitos Meadowlark CCT Expansion 03/01/2024 06/01/2025
Project 4 consists of eight individual components in different stages of planning, design, environmental documentation, and construction.
Construction on some project components (e.g., OMWD Extension 153) is scheduled to begin prior to completion of
planning/design/environmental work for other project components (e.g., OMWD Calle Barcelona, Village Park, and Summerhill Extensions).
Construction will not begin for any individual project component until the necessary planning/design/environmental work specific to that
individual project component has been completed.
EXHIBIT E
STANDARD CONDITIONS
E.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT:A.Separate Accounting of Funding Disbursements: LPS shall account for the money disbursedpursuant to this LPP Agreement separately from all other LPP funds. LPP shall maintain audit and
accounting procedures that are in accordance with generally accepted accounting principles andpractices, consistently applied. LPP shall keep complete and accurate records of all receipts anddisbursements on expenditures of such funds. LPP shall require its contractors or subcontractorsto maintain books, records, and other documents pertinent to their work in accordance withgenerally accepted accounting principles and practices. Records are subject to inspection by LPS,SDCWA and the State at any and all reasonable times.
B.Fiscal Management Systems and Accounting Standards: The LPP agrees that, at a minimum, itsfiscal control and accounting procedures will be sufficient to permit tracking of Grant Funds to alevel of expenditures adequate to establish that such funds have not been used in violation ofstate law, this LPP Agreement, or the Proposition 1 Integrated Regional Water Management(IRWM) Implementation Grant Agreement 4600014983.C.Disposition of Money Disbursed: All funding disbursed pursuant to this LPP Agreement shall bedeposited in a non-interest-bearing account, administered, and accounted for pursuant to theprovisions of applicable law.
D.Remittance of Unexpended Funds: LPP shall remit to the LPS any unexpended funds that weredisbursed to the LPP under this LPP Agreement and were not used to pay Eligible Project Costswithin a period of twenty (20) calendar days from the final disbursement from the LPS to LPP of
funds or, within ten (10) calendar days of the expiration of the LPP Agreement, whichever comesfirst.
E.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: LPP shall include appropriateacknowledgement of credit to the State for its support when promoting the LPP’s project component or using any data and/or information developed under this LPP Agreement. Signage shall be posted in a prominent location at project component site(s) (if applicable) or at the LPP’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 LPP shall also include in each of its contracts for work under this LPP Agreement a provision that incorporates the requirements stated within this Paragraph.
E.3. AMENDMENT: This LPP 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 LPP for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 100 days prior to the work completion date set forth in Paragraph 2, “Term of Agreement”. Any other request for an amendment must be submitted at least 160 days prior to the work completion date set forth in Paragraph 2. The LPS, SDCWA, or the State shall have no obligation to agree to an amendment.
E.4. AMERICANS WITH DISABILITIES ACT: By signing this LPP Agreement, LPP assures the LPS,SDCWA, and 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.
E.5. AUDITS: The State or SDCWA reserve the right to conduct an audit at any time between the executionof this LPP Agreement and the completion of its project component, with the costs of such audit borne by the State or SDCWA. After completion of the project component, the State, SDCWA, or the LPS may require the LPP to conduct a final audit to the State’s specifications, at the LPP’s expense, such
audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by the LPP to comply with this provision shall be considered a breach of this LPP
Agreement, and the State, SDCWA, or LPS may elect to pursue any remedies provided in Paragraph 13, “Default Provisions”, or take any other action it deems necessary to protect its interests. The LPP agrees that it shall return any audit disallowances to the LPS for transmittal to the State via SDCWA.
Pursuant to Government Code section 8546.7, the LPP shall be subject to the examination and audit by the State and SDCWA for a period of three (3) years after final payment under Grant Agreement 4600014983 with respect of all matters connected with this LPP Agreement, including but not limited to, the cost of administering this LPP Agreement. All records of the LPP or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after Grant Agreement 4600014983 is completed by the State, SDCWA, and LPS. 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 LPP’s activities. Code, § 79708, subd. (b) Please see Exhibit H (State and Local Project Sponsor Audit Document Requirements and Cost Share Guidelines) for the full list of documents that may be required during an audit.
E.6. BUDGET CONTINGENCY: If the State Budget Act of the current year covered under this LPPAgreement does not appropriate sufficient funds for this program, this LPP Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the
State, SDCWA, and LPS to make any payments under this LPP Agreement. In this event, the LPS shall have no liability to pay any funds whatsoever to the LPP or to furnish any other considerations under this LPP Agreement and LPP shall not be obligated to perform any provisions of this LPP
Agreement. Nothing in this LPP Agreement shall be construed to provide LPP with a right of priority for payment over any other LPP. If funding for any fiscal year after the current year covered by this LPP Agreement is reduced or deleted by the State Budget Act, by Executive Order, or by order of the
Department of Finance, the LPS shall have the option to either cancel this LPP Agreement with no liability occurring to the LPS, or offer an amendment to the LPP Agreement to reflect the reduced amount.
E.7. CALIFORNIA CONSERVATION CORPS: The LPP may use the services of the CaliforniaConservation Corps or other community conservation corps as defined in Public Resources Code section 14507.5.
E.8. CEQA: Activities funded under this LPP Agreement, regardless of funding source, must be incompliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this LPP Agreement shall not proceed until
documents that satisfy the CEQA process are received by the LPS’ Project Manager and the state has completed its CEQA compliance. Work funded under this LPP Agreement that is subject to a CEQA document shall not proceed until and unless approved by the State. Such approval is fully
discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the LPP is not complete at the time the LPS signs this LPP Agreement, once the State has considered the environmental documents, it may decide to require changes, alterations, or other
mitigation to the project component; or to not fund the project component.
E.9. CHILD SUPPORT COMPLIANCE ACT: The LPP acknowledges in accordance with Public ContractCode section 7110, that: A.The LPP recognizes the importance of child and family support obligations and shall fully complywith 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 assignmentorders, as provided in Family Code section 5200 et seq.; andB.The LPP, to the best of its knowledge, is fully complying with the earnings assignment orders of allemployees and is providing the names of all new employees to the New Hire Registry maintainedby the California Employment Development Department.
E.10. CLAIMS DISPUTE: Any claim that the LPP may have regarding performance of this LPP Agreement
including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the San Diego IRWM Program Manager within fifteen (15) days of the LPP’s knowledge of the claim. The LPS and the LPP shall then attempt to negotiate a resolution of such claim and process an
amendment to this LPP Agreement to implement the terms of any such resolution.
E.11. COMPETITIVE BIDDING AND PROCUREMENTS: The LPP’s contracts with other entities for theacquisition of goods and services and construction of public works with funds provided by the State, via SDCWA and the LPS, under this LPP Agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the LPP does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting.
E.12. COMPUTER SOFTWARE: The LPP certifies that it has appropriate systems and controls in place toensure that the State funds will not be used in the performance of this LPP Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.
E.13. CONFLICT OF INTEREST: All participants are subject to state and federal conflict of interest laws.Failure to comply with these laws, including business and financial disclosure provisions, will result in
the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for state conflict of interest requirements.
A.Current State Employees: No state officer or employee shall engage in any employment, activity,or enterprise from which the officer or employee receives compensation or has a financial interest,and which is sponsored or funded by any state agency, unless the employment, activity, or
enterprise is required as a condition of regular state employment. No state officer or employeeshall contract on his or her own behalf as an independent contractor with any state agency toprovide 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 ofthe negotiations, transactions, planning, arrangements, or any part of the decision-making processrelevant to the contract while employed in any capacity by any state agency. For the twelve-monthperiod from the date he or she left state employment, no former state officer or employee mayenter into a contract with any state agency if he or she was employed by that state agency in apolicy-making position in the same general subject area as the proposed contract within thetwelve-month period prior to his or her leaving state service.
C.Employees of the LPP: Employees of the LPP shall comply with all applicable provisions of lawpertaining to conflicts of interest, including but not limited to any applicable conflict of interestprovisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.)D.Employees and Consultants to the LPP: Individuals working on behalf of the LPP may be requiredto file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it isdetermined that an individual is a consultant for Political Reform Act purposes.
E.14. DELIVERY OF INFORMATION, REPORTS, AND DATA: The LPP agrees to expeditiously providethroughout the term of this LPP Agreement, such reports, data, information, and certifications as may be reasonably required by the State.
E.15. DISPOSITION OF EQUIPMENT: The LPP shall provide to the LPS, for submittal to the State viaSDCWA, not less than thirty (30) calendar days prior to submission of the LPP’s final invoice, an itemized inventory of equipment purchased with funds provided by the State, via SDCWA and the
LPS. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within one hundred (100) calendar days of receipt of such inventory, the LPS shall
provide the LPP with a list of the items on the inventory to which the State takes title. Cost of transportation, if any, shall be borne by the State.
E.16. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this LPPAgreement, the LPP, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of the State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: A.Publish a statement notifying employees, contractors, and subcontractors that unlawfulmanufacture, distribution, dispensation, possession, or use of a controlled substance is prohibitedand 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 toinform employees, contractors, or subcontractors about all of the following:i.The dangers of drug abuse in the workplace,ii.The LPP’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 drugabuse violations.C.Provide, as required by Government Code section 8355, that every employee, contractor, and/or
subcontractor who works under this LPP Agreement:i.Will receive a copy of the LPP’s drug-free policy statement, andii.Will agree to abide by terms of the LPP’s condition of employment, contract, or subcontract.
E.17. EASEMENTS: Where the LPP acquires property in fee title or funds improvements to real propertyusing State funds provided through this LPP 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 and SDCWA, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State and SDCWA. 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, SDCWA, and LPS.
Where the LPP acquires an easement under this LPP Agreement, the LPP 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 the State, SDCWA, and LPS permission, at
which time monitoring and enforcement responsibilities will transfer to the new easement owner. Failure to provide an easement or other title restriction acceptable to the State, SDCWA, and LPS may result in termination of this LPP Agreement.
E.18. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL: Upon completionof the individual LPP’s project component, LPP shall provide for a final inspection and certification by a
California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the project component has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this LPP Agreement.
E.19. GOVERNING LAW: This LPP Agreement is governed by and shall be interpreted in accordance withthe laws of the State of California.
E.20. INCOME RESTRICTIONS: The LPP agrees that any refunds, rebates, credits, or other amounts(including any interest thereon) accruing to or received by the LPP under this LPP Agreement shall be paid by the LPP to the LPS for remitting to SDCWA and the State, to the extent that they are properly allocable to costs for which the LPP has been reimbursed under this LPP Agreement. The LPP shall
also include in each of its contracts for work under this LPP Agreement a provision that incorporates the requirements stated within this Paragraph.
E.21. INDEPENDENT CAPACITY: LPP, and the agents and employees of the LPP, in the performance ofthis LPP Agreement, shall act in an independent capacity and not as officers, employees, or agents of
the State, SDCWA, or LPS.
E.22. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of theParties 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 LPP 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 LPP Agreement. Failure or refusal by LPP to comply with this provision shall be considered a breach of this LPP Agreement, and the LPS, SDCWA, or the State may withhold disbursements to the LPP or take any other action deemed necessary to protect its interests.
E.23. INSPECTIONS OF PROJECT BY STATE: The State, SDCWA, and the LPS shall have the right toinspect the work being performed at any and all reasonable times during the term of the LPP Agreement. This right shall extend to any subcontracts, and the LPP shall include provisions ensuring
such access in all its contracts or subcontracts entered into pursuant to its LPP Agreement with the LPS.
E.24. LABOR CODE COMPLIANCE: The LPP agrees to be bound by all the provisions of the Labor Coderegarding prevailing wages and shall monitor all contracts subject to reimbursement from this LPP Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current
Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at: https://www.dir.ca.gov/dlse/PWManualCombined.pdf.
The LPP 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 LPP affirms that it will comply with such provisions before commencing the performance of the work under this LPP Agreement and will make its contractors and subcontractors aware of this provision.
E.25. MODIFICATION OF OVERALL WORK PLAN: At the request of the LPP, or when found to benecessary by the LPS and the LPP agrees, the LPS will forward any requests for non-material
changes to the portions of Exhibits B, C, and D, which concern the budget and schedule to the State. The State may, at its sole discretion, approve those non-material changes, and upon such approval, such changes will be made herein without formal amendment to this LPP Agreement. Non-material
changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the Grant. Non-material changes with respect to the project component schedule are changes that will not extend the term of this LPP Agreement. Requests for
non-material changes to the budget and schedule must be submitted by the LPP to the LPS in writing and are not effective unless and until specifically approved by the State in writing.
E.26. NONDISCRIMINATION: During the performance of this LPP Agreement, the LPP and its contractorsor subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, gender identity, 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/domestic partner status, and denial of medical and family care leave or pregnancy disability leave. The LPP 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 LPP and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the
applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this LPP Agreement by reference. The LPP 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 LPP shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the LPP Agreement.
E.27. OPINIONS AND DETERMINATIONS: Where the terms of this LPP Agreement provide for action to bebased 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.
E.28. PERFORMANCE BOND: Where contractors are used, the LPP shall not authorize construction tobegin until each contractor has furnished a performance bond in favor of the LPP in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, §
7103; Code Civ. Proc., § 995.311.)
E.29. PRIORITY HIRING CONSIDERATIONS: If this LPP Agreement includes services in excess of
$200,000, the LPP shall give priority consideration in filling vacancies in positions funded by the Grant to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353.
E.30. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The LPP shallnot 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 its project component, or with LPP’s service of water, without prior written notification to the LPS and written permission of the State. The LPP 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 LPP to meet its obligations under this LPP Agreement, without prior written notification to the LPS and written permission of the State. The LPS may require that the proceeds from the disposition of any real or personal property be remitted to the LPS for prompt disbursement to the State via SDCWA.
E.31. PROJECT ACCESS: The LPP shall ensure that the LPS, SDCWA, the State, the Governor of thestate, or any authorized representative of the foregoing, will have safe and suitable access to the project component site at all reasonable times during project component construction and thereafter
for the term of this LPP Agreement.
E.32. REMAINING BALANCE: In the event the LPP does not submit invoices requesting all of the funds
encumbered under this LPP Agreement, any remaining funds revert to the State. The LPS will notify the LPP stating that the project component file is closed, and any remaining balance will be disencumbered and unavailable for further use under this LPP Agreement.
E.33. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for theenforcement of this LPP 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.
E.34. RETENTION: The State shall withhold ten (10) percent of the Grant Funds until the Project iscomplete, and a Project Completion Report is approved and accepted by the State. Upon approval of the Project Completion Report and/or Component Completion Report, any retained amounts due to
the LPP will be promptly disbursed by the State to SDCWA and the LPS for prompt disbursement to the LPP, without interest.
E.35. RIGHTS IN DATA: LPP agrees that all data, plans, drawings, specifications, reports, computerprograms, operating manuals, notes, and other written or graphic work produced in the performance of this LPP Agreement shall be made available to the State, SDCWA, and the LPS and shall be in the
public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) The LPP may disclose, disseminate, and use, in whole or in part, any final form data and information received, collected, and developed under this LPP
Agreement, subject to appropriate acknowledgement of credit to the State for financial support. The LPP 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, SDCWA, and the LPS shall have the right to use any data described in this paragraph for any public purpose.
E.36. SEVERABILITY: Should any portion of this LPP Agreement be determined to be void orunenforceable, such shall be severed from the whole and the LPP Agreement shall continue as modified.
E.37. SUSPENSION OF PAYMENTS: This LPP Agreement may be subject to suspension of payments ortermination, or both if the State, SDCWA, or LPS determine that:
A.The LPP, its contractors, or subcontractors have made a false certification, orB.The LPP, its contractors, or subcontractors violate the certification by failing to carry out therequirements noted in this LPP Agreement.
E.38. SUCCESSORS AND ASSIGNS: This LPP Agreement and all of its provisions shall apply to and bindthe successors and assigns of the Parties. No assignment or transfer of this LPP Agreement or any
part thereof, rights hereunder, or interest herein by the LPP shall be valid unless and until it is approved by the LPS and made subject to such reasonable terms and conditions as the LPS may impose.
E.39. TERMINATION BY LPP: Subject to the State, SDCWA, and LPS approval, which may be reasonablywithheld, the LPP may terminate this LPP Agreement and be relieved of contractual obligations. In doing so, the LPP must provide a reason(s) for termination. The LPP must submit all Progress Reports summarizing accomplishments up until termination date.
E.40. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 13, “Default Provisions,”the LPS may terminate this LPP Agreement and be relieved of any payments should the LPP fail to perform the requirements of this LPP Agreement at the time and in the manner herein provided including but not limited to reasons of default under Paragraph 13, “Default Provisions.”
E.41. TERMINATION WITHOUT CAUSE: The LPS may terminate this LPP Agreement without cause onthirty (30) days’ advance written notice. The LPP shall be reimbursed for all reasonable expenses incurred up to the date of termination.
E.42. THIRD PARTY BENEFICIARIES: The Parties to this LPP Agreement do not intend to create rights in,or grant remedies to, any third party as a beneficiary of this LPP Agreement, or any duty, covenant,
obligation, or understanding established herein.
E.43. TIMELINESS: Time is of the essence in this LPP Agreement.
E.44. TRAVEL – DAC, EDA, TRIBES PROJECT: Travel is only an eligible reimbursable expense for projectsproviding at least 75% of benefits to DACs, EDAs, and/or Tribes (based on population or geographic area). Only ground transportation and lodging are eligible for grant reimbursement. Per diem costs will not be eligible for grant reimbursement. Any reimbursement for necessary travel 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 amounts that are current as of the date costs are incurred. No travel outside of the LPP’s service area shall be reimbursed unless prior written authorization is obtained from the State, via SDCWA and the LPS.
E.45. UNION ORGANIZING: The LPP, by signing this LPP Agreement, hereby acknowledges theapplicability of Government Code sections 16645 through 16649 to this LPP Agreement. Furthermore, the LPP, by signing this LPP Agreement, hereby certifies that:
A.No State funds disbursed by this LPP Agreement will be used to assist, promote, or deter union
organizing.
B.The LPP shall account for State funds disbursed for a specific expenditure by this LPP Agreement
to show those funds were allocated to that expenditure.
C.The LPP 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 LPP makes expenditures to assist, promote, or deter union organizing, the LPP will maintain
records sufficient to show that no State funds were used for those expenditures and that the LPP
shall provide those records to the LPS upon request.
E.46. VENUE: The LPS and the LPP hereby agree that any action arising out of this LPP Agreement shall
be filed and maintained in the Superior Court in and for the County of San Diego, California, or in the United States District Court in and for the Southern District of California. The LPP hereby waives any existing sovereign immunity for the purposes of this LPP Agreement.
E.47. WAIVER OF RIGHTS: None of the provisions of this LPP Agreement shall be deemed waived unlessexpressly waived in writing. It is the intention of the Parties hereto that from time to time, either party
may waive any of its rights under this LPP Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the LPP 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.
EXHIBIT F
REPORT FORMATS AND REQUIREMENTS
The following reporting formats should be utilized.
PROGRESS REPORTS
Progress Reports shall generally use the following format. This format may be modified as necessary by the
LPS, SDCWA, or the State to effectively communicate information.
For each project component, discuss the following at the task level, as organized in Exhibit B:
•Percent complete.
•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 component, discuss the following at the project level, as organized in Exhibit B:
•Work anticipated for the next reporting period.
•Photo documentation, as appropriate.
•Budget projections for grant share for the next two quarters.
•Any schedule or budget modifications approved by the State during the reporting period.
PROJECT COMPLETION REPORT
The Project Completion Report shall generally use the following format, provided below:
Executive Summary
The Executive Summary provides a brief summary of project component information, including:
•A brief description of work proposed to be done in the original grant application.
•List any official amendments to the LPP 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 a final technical report or study produced for/utilized in the project components described in
Exhibit B.
•Electronic copies of any data collected, not previously submitted.
•Discussion of problems that occurred during the work and how those problems were resolved.
•Final project component schedule showing actual progress versus planned progress shown in Exhibit
D.
Additional information that may be applicable for implementation projects includes the following:
•Record Drawings
•Final geodetic survey information
•Project component photos
Cost & Disposition of Funds
•A summary of final individual LPP components of the project component costs, including the following:
o An accounting of project component expenditures, including all internal and external costs not
previously disclosed (i.e., additional Cost Share);
o A discussion of factors that positively or negatively affected the project components cost; and
o Any deviation in final costs from the original project component cost estimate.
Additional Information
Project Benefits
•List the benefits derived from the project component, with quantification of such benefits.
•If a DAC or EDA Cost Share Waiver was approved for this LPP Agreement, discuss the benefits
derived for DAC and/or EDA.
•Briefly describe how the level, type, or magnitude of the benefits compare to the original project
component proposal.
IRWM Plan Goals and Objectives
•Briefly discuss how the project component achieved San Diego IRWM Plan goals and objectives,
which can be accessed online at
https://sdirwmp.org/pdf/SDIRWM_02_Vision_Objectives_FINAL_2019.pdf.
Remaining work
•Discuss any remaining work to be completed for the project component and mechanism for its
implementation.
Project Certification
•If applicable, include a Certification from a California Registered Professional (e.g., Civil Engineer or
Geologist, as appropriate), consistent with Exhibit E, that the project component was conducted in
accordance with the approved Work Plan in Exhibit B and any approved amendments thereto.
Post-Performance Report
•Include a submittal schedule for the annual Post-Performance Report.
POST-PERFORMANCE REPORT
The Post-Performance Report (PPR) should be concise and focus on how each project component is
performing compared to its expected performance; whether the project component is being operated and
maintained and providing intended benefits as proposed. A PPR template may be provided by the LPS upon
request. The PPR should follow the general format of the template and provide requested information as
applicable. The following information, at a minimum, shall be provided:
Reports and/or Products
•Header including the following:
o LPP name
o LPS name
o Grant Agreement number
o Project component name and number
o Funding grant source (i.e., 2022 Proposition 1 IRWM Implementation Grant)
o Report number
•Post-Performance Report schedule
•Time period of the annual report (e.g., January 2024 through December 2024)
•Project component description summary
•Discussion of the project component benefits
•An assessment of any differences between the expected versus actual project component benefits as
stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g.,
new acre-feet of water produced that year, etc.).
•Summary of any additional costs and/or benefits deriving from the project component since its completion,
if applicable.
•Any additional information relevant to or generated by the continued operation of the project component.
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 component reports.
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 the LPP’s project component’s Work Plan contains a groundwater ambient monitoring element,
groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water
Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program
Information on the GAMA Program can be obtained at:
https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the LPS
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:
https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml.
Groundwater Level Data
If the project component collects groundwater level data, the LPP will need to submit this data to the LPS
for submittal to the State’s Water Data Library (WDL), with a narrative description of data submittal
activities included in project component reports, as described in Exhibit F (Report Formats and
Requirements). Information regarding the WDL and in what format to submit data, can be found at:
http://www.water.ca.gov/waterdatalibrary/.
EXHIBIT H
STATE AND LOCAL PROJECT SPONSOR AUDIT DOCUMENT REQUIREMENTS
AND COST SHARE GUIDELINES
The following provides a list of documents typically required by State Auditors or the LPS and general
guidelines for the LPP. The list of documents pertains to both State funding and the LPP’s local Cost Share
and details the documents/records that State Auditors and the LPS would need to review in the event this LPP
Agreement is audited. The LPP should ensure that such records are maintained for each funded project
component.
State and LPS Audit Document Requirements
Internal Controls
1.Organization chart (e.g., LPP’s overall organization chart and organization chart for the State-funded
project component).
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 project component
3.Audit reports of the LPP internal control structure and/or financial statements within the last two years.
4.Prior audit reports on the State-funded project component.
State Funding:
1. This LPP Agreement and 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 the project component.
Contracts:
1.All subcontractor and consultant contracts and related or partners’ documents, if applicable.
2.Contracts between the Agency, member agencies, and local project partners as related to the state-
funded project component.
Invoices:
1.Invoices from vendors and subcontractors for expenditures submitted to the State via SDCWA and the
LPS for payments under this LPP Agreement.
2.Documentation linking subcontractor invoices to the State reimbursement, requests, and related budget
line items under this LPP Agreement.
3. Reimbursement and, if applicable, Advance Funding requests submitted to the State, via SDCWA and the
LPS, under this LPP Agreement.
Cash Documents:
1.Receipts (copies of warrants) showing payments received from the State, via SDCWA and the LPS.
2.Deposit slips (or bank statements) showing deposit of the payments received from the State, via SDCWA
and the LPS.
3.Cancelled checks or disbursement documents showing payments made to vendors, subcontractors,
consultants, and/or agents under the grants or loans.
4.Bank statements showing the deposit of the receipts.
Accounting Records:
1.Ledgers showing entries for funding receipts and cash disbursements.
2.Ledgers showing receipts and cash disbursement entries of other funding sources.
3.Bridging documents that tie the general ledger to requests for LPP reimbursement.
Administration Costs:
1.Supporting documents showing the calculation of administration costs.
Personnel:
1.List of all contractors and LPP staff that worked on the State-funded project component.
2.Payroll records, including timesheets for contractor staff and LPP personnel who provided services
charged to the project component.
Project Files:
1.All supporting documentation that is maintained in the project component files.
2.All LPP 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 LPP (and potentially other entities) directly
related to the execution of the funded project component. Examples include volunteer services, equipment
use, and use of facilities. The cost of an in-kind service can be counted as Cost Share in lieu of actual funds
(or revenue) provided by the LPP. 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 LPP 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 component 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, 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 LPP’s
organization. For example, volunteer service of clearing vegetation performed by an attorney shall be
valued at 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 LPP Agreement. These services, furnished by professional and technical
personnel, consultants, and other skilled labor may be counted as in-kind if the activities are an integral
and necessary part of the project component funded by the LPP Agreement.
4.Cash contributions made to a project component shall be documented as revenue and in-kind services as
expenditures. These costs should be tracked separately in the LPP’s accounting system.
EXHIBIT I
PROJECT MONITORING PLAN GUIDANCE
Introduction
The Project Monitoring Plan is to include: a brief description of the Project (maximum ~150 words) and
individual components (if the Project has multiple components); implementation elements; the need for the
project components (i.e., what problem(s) are addressed); and that responds to the requirements listed below.
Project Monitoring Plan Requirements
The Project Monitoring Plan shall contain responses to the following questions:
•What are the anticipated project component physical benefits?
•What are the corresponding numeric targets for each project component benefit?
•How will proposed numeric targets be measured?
•What are baseline conditions?
•When will the targets be met (e.g., upon project component completion, five years after completion)?
•How often will monitoring be undertaken (e.g., monthly, yearly).
•Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant
maps.
•How will the project component be maintained (e.g., irrigation, pest management, weed abatement)?
•What will be the frequency and duration of maintenance proposed activities?
•Are there any special environmental considerations (e.g., resource agency requirements, permitrequirements, CEQA/NEPA mitigation measures)?
•Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)?
•How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, publicmeetings)?
•What adaptive management strategies will be employed if problems are encountered during routine
monitoring or maintenance?
•What is the anticipated life of the project component?
EXHIBIT J
INVOICE GUIDANCE FOR ADMINISTRATIVE AND OVERHEAD CHARGES
The funds provided pursuant to this LPP Agreement may only be used for costs that are directly related to the
funded project component. The following provides a list of typical requirements for invoicing, specifically
providing guidance on the appropriate methods for invoicing administrative and direct overhead charges.
Administration Charges
Indirect and General Overhead (i.e., indirect overhead) charges are not an allowable expense for
reimbursement. However, administrative expenses that are apportioned directly to the project component are
eligible for reimbursement. Cost such as rent, office supplies, fringe benefits, etc. can be “Direct Costs” and
are eligible expenses as long as:
•There is a consistent, articulated method for how the costs are allocated that is submitted and
approved by the DWR Grant Manager. The allocation method must be fully documented for auditors.
•A “fully burdened labor rate” can be used to capture allowable administrative costs.
•The administrative/overhead costs can never include:
o Non-project-component specific personnel and accounting services performed within the
Grantee, LPS, or LPP’s organization
o Markup
o Tuition
o Conference fees
o Building and equipment depreciation or use allowances
•Using a general overhead percentage is never allowed.
Labor Rates
The LPP must provide the LPS with supporting documentation for personnel hours it plans on submitting as
part of its invoices. A personnel rate letter should be submitted by the LPS via the Water Authority to the DWR
Grant Manager prior to submittal of the first invoice. The supporting documentation must include, at a
minimum, employee classifications that will be reimbursed by the grant funds disbursed under this LPP
Agreement and the corresponding hourly rate range. These rates should be “burdened”; the burdened rate
must be consistent with the LPP’s standardized allocation methodology. The supporting documentation
should also provide an explanation of what costs make up the burdened rate and how those costs were
determined. This information will be used to compare against personnel hours summary table invoice
supporting documentation. Periodic updates may be needed during the life of the Grant which would be
handled through a revised billing rate letter.