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~ _ AGREEMENT TERMINATION FORM
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CLERK OF COUNCIL M30
DATE:
veyc, cis
DEC 2 3 2019
DEC
AGREEMENT
sk 9 BETWEEN
CITY OF SANTA ANA
OLI 1.
ORANGE COUNTY WATER DISTRICT
FUTURE SUPPLY ACTIONS FUNDING PROGRAM
OCWD AGREEMENT NUMBER 4 o plgr _ tj/
1629/022499-0003
13498849.12 a08/01/19
A-2019-131
TABLE OF CONTENTS
Page
1.
Scope of Work..................................................................................................................2
2.
Time and Term..................................................................................................................2
3.
Agreement Administrators................................................................................................2
4.
Independent Contractor.....................................................................................................3
5.
Consultants and Sub-consultants......................................................................................3
6.
City's Maximum Amount Payable and Reimbursement Procedure.................................3
7.
Billings and Payments.......................................................................................................4
8.
Reporting Requirements...................................................................................................
5
9.
Business Outreach Program..............................................................................................5
10.
Successors and Assignment..............................................................................................5
11.
Use of Materials................................................................................................................5
12.
Intellectual Property..........................................................................................................6
13.
Nonuse of Intellectual Property of Third Parties..............................................................
6
14.
Representations.................................................................................................................7
15.
Legal Requirements..........................................................................................................
7
16.
Guarantee and Warranty...................................................................................................7
17.
Indemnity..........................................................................................................................7
18.
Insurance...........................................................................................................................
8
19.
Audit.................................................................................................................................
8
20.
Prohibited Relationships with Sanctioned Countries and Persons...................................8
21.
Conflict of Interest and Gift Restrictions..........................................................................9
22.
Use of Metropolitan's Name.............................................................................................9
23.
Termination.......................................................................................................................9
24.
Force Majeure Events.......................................................................................................9
25.
Notices............................................................................................................................10
26.
Severability.....................................................................................................................10
27.
Jurisdiction and Venue....................................................................................................10
28.
Waiver.............................................................................................................................10
29.
Entire Agreement............................................................................................................11
30.
Dispute Resolution..........................................................................................................11
31.
Service Marks and Trademarks......................................................................................11
32.
Joint Drafting..................................................................................................................11
Exhibit A- Scope of Work
Exhibit B- Sample Invoice
Exhibit C - Semi-annual Progress Reports
Exhibit D - Final Report Format
2629/022499-0003
13498849.12 a08/01/19 4-
THE CITY OF SANTA ANA
FOR FUTURE SUPPLY ACTIONS FUNDING PROGRAM
This Agreement is between the CITY OF SANTA ANA, a charter city of the State of
California, organized and existing under the Constitution of the State of California, hereinafter
referred to as City, and ORANGE COUNTY WATER DISTRICT, hereinafter referred to as
OCWD.
Explanatory Recitals
1. City is a local municipal agency chartered under the Constitution of the State of
California.
2. This Agreement is entered into between City and OCWD, a special act district duly
organized and existing in the State of California pursuant to the Orange County Water District Act
("OCWD Act"), and the City.
3. The Metropolitan Water District ("Metropolitan") is a public agency of the State of
California, organized and existing under The Metropolitan Water District Act, hereinafter referred
to as Metropolitan. City is a member agency of Metropolitan.
4. On August 28, 2018, City working together with OCWD responded to a 2018
Metropolitan Request for Proposals ("RFP") for Future Supply Actions Funding Program ("FSA
Funding Program"), dated July 6, 2018, to obtain funding from Metropolitan to conduct studies
and research under the Program as approved in Board Letter 8-6 dated April 10, 2018.
5. Metropolitan, through its FSA Funding Program, provides funding to member
agencies for technical studies or pilot projects that reduce barriers to future production of recycled
water, stormwater, seawater desalination, and groundwater resources. Metropolitan convened a
technical review panel that reviewed and scored each proposal submitted by Metropolitan member
agencies in accordance with the criteria and weight identified in the RFP. Board Letter 9-2 dated
December 11, 2018, describes the final RFP selection process. City was selected through this RFP
process. Metropolitan and City have entered, or will enter, into an agreement (the "FSA
Agreement") for funding of a study entitled RESTORATION OF LOCAL RECHARGE
SOURCES FROM INVASIVE DREISSENID MUSSELS, hereinafter referred to as "Study."
6. OCWD is not a Metropolitan member agency but has significant expertise
regarding recycled water, stormwater, seawater desalination, and groundwater resources and has
assisted City in developing the proposal for the Study. Thus, OCWD has the expertise, facilities,
equipment, and technical expertise necessary to conduct the Study in coordination with the City in
accordance with the FSA Agreement and all other applicable requirements.
7. City desires OCWD to perform the Study as described in the Scope of Work, Costs,
and Schedule attached hereto and incorporated herein as Exhibit A, and OCWD desires to
complete the Study in conformance with Metropolitan's requirements and grant conditions. The
Study governed by this Agreement is of mutual interest to OCWD and City, and furthers City's
2629/022499-0003
13498849.12 08/01/0 1
goals of conducting technical studies or pilot projects that reduce barriers to future production of
recycled water, stormwater, seawater desalination, and groundwater resources pursuant to the RFP.
8. City desires to enter into this agreement with OCWD, and OCWD desires to
perform the Study according to the terns set forth hereinafter.
9. Therefore, in reliance on the commitments and obligations set forth herein, and with
the intention of being legally bound hereby, the parties agree as follows:
Terms of Agreement
1. Scone of We
a. City hereby engages OCWD to perform the work described in detail in the
Scope of Work, Costs, and Schedule attached hereto as Exhibit A.
b. OCWD shall provide Study deliverables according to the schedule as set
forth in Exhibit A. Each task identified in Exhibit A shall have a clearly defined deliverable, date
for completion of task, and associated cost for each task.
C. To the extent authorized by City's FSA Agreement with Metropolitan,
OCWD may adjust task descriptions, task budget amounts, and task schedules in Exhibit A, from
time to time, upon written notice to and approval by City; however, OCWD must certify that any
such adjustments do not materially change the basic scope of work, the scheduled final Study
completion date, and/or the Maximum Cost to City as identified in this Agreement.
d. OCWD shall be responsible for verifying completion of a consultant or
sub -consultant's work in accordance with Exhibit A.
2. Time and Term
Time is of the essence in the performance of services under this Agreement. This
Agreement is in effect from May 7, 2019, through December 31, 2021, subject to earlier
termination pursuant to Section 23 Termination below.
3. Agreement Administrators
a. In performing the work under this Agreement, OCWD shall coordinate all
contact related to the Study with Metropolitan's Agreement Administrator unless otherwise
directed by City. For purposes of this Agreement, Metropolitan's Agreement Administrator is Mr.
Don Bentley or such other person as Metropolitan designates per the FSA Agreement. For
purposes of this Agreement, OCWD designates Mr. Adam Hutchinson. as the Agreement
Administrator for OCWD, and City designates Nabil Saba, Water Resources Manager, as
Agreement Administrator for City. OCWD and City both reserve the right to change this
designation upon written notice to each other.
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4. Independent Contractor
OCWD agrees, as consultant or participating entity to City, to complete the Study
detailed in Exhibit A under this Agreement in the capacity of an independent contractor and neither
OCWD, or its participating entities, consultants, and sub -consultants, nor any of their employees,
shall be considered to be an employee or agent of City or Metropolitan.
5. Consultants and Sub -consultants
a. OCWD shall be responsible to City for all work to be performed under this
Agreement. All consultants and sub -consultants of OCWD, and their billing rates, shall be
approved by OCWD and shall be reflected in consultant and sub -consultant invoices submitted by
OCWD to City for transmittal to Metropolitan. OCWD will prepare applicable invoices for City
to submit to Metropolitan for reimbursement per the requirements of the FSA Agreement. OCWD
shall be liable and accountable for any and all payments or other compensation to all consultants
and sub -consultants performing services under any OCWD agreement that is necessary and
applicable to the performance and completion of this Agreement, which governs the Metropolitan
funded components of the Study.
b. OCWD's contracts with consultants and sub -consultants related to conduct
of the Study shall, where determined appropriate by OCWD, include the same insurance
requirements as those specified in section 18 of this Agreement, and shall also include provisions
governing intellectual property, nonuse of intellectual property of third parties, the auditing
process, appropriate indemnity provisions, and applicable equal opportunity and affirmative action
policies. As applicable, OCWD's use of consultants and sub -consultants shall adhere to the
requirements of Metropolitan's and City's Business Outreach Program as provided herein.
6. City's Maximum Amount Payable and Reimbursement Procedure
a. All costs of the Study are intended to be borne by entities other than the
City. OCWD shall act as City's Consultant/Participating Entity for purposes of performing work
approved by Metropolitan in the FSA Agreement, and shall coordinate the overall Study, to include
the MWD funded and non-MWD funded portions of the Study. The total cost of the Study is
estimated to be $245,592, approximately 50% of which will be funded by the MWD FSA Grant.
The other 50% of the total Study cost, the "non-MWD share," will be funded by OCWD and other
funding partners. City's aforementioned obligation to reimburse shall not exceed the total of
eligible reimbursable costs submitted by OCWD nor the City's total grant from Metropolitan under
the FSA Agreement. OCWD shall be responsible for all costs in excess of City's FSA grant from
Metropolitan.
b. OCWD agrees to reimburse City for the cost of any additional insurance
City is required to obtain in order to comply with the insurance mandates of the FSA Agreement.
C. OCWD must include documentation in the monthly invoices provided to
City that OCWD did reimburse or otherwise compensate responsible parties for eligible costs
incurred during the invoice period. The invoice should include a cover letter with a brief summary
of the work completed for the costs invoiced and a discussion of any milestones reached or
problems encountered during the period invoiced.
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d. OCWD shall provide each month to City a draft invoice and draft cover
letter for City to submit to Metropolitan's Agreement Administrator so that City may be timely
reimbursed by Metropolitan for expenses associated with the Study. The draft cover letter shall be
on the City's letterhead with any other markings necessary to identify the invoice and cover letter
as having been submitted by the City to Metropolitan per the requirements of the FSA Agreement.
e. For each eligible invoice, City will reimburse OCWD seventy-five percent
(75%) of eligible reimbursable costs and will withhold twenty-five percent (25%) of eligible
reimbursable costs in retention until a final report is submitted to and accepted by Metropolitan.
OCWD shall promptly notify the Agreement Administrator, in writing, when fees and expenses
incurred under this Agreement have reached $92,100 (75% of maximum amount allowable).
f. In -kind services provided by OCWD and City staff are not eligible for
reimbursement under the FSA Agreement, and therefore are ineligible for reimbursement under
this Agreement, and they shall not be included in invoices that OCWD prepares for City to submit
to Metropolitan. In -kind services include, but are not limited to, work performed by staff of City,
OCWD, and employees of any participating entity identified in the FSA Agreement, as well as
related expenses for such agency staff (e.g., travel, overhead, etc.).
g. Eligible costs include work starting no earlier than May 7, 2019, which is
in compliance with the requirements of this Agreement and within scope of the Study approved
by Metropolitan in the FSA Agreement.
h. All invoices related to the Study must be submitted by OCWD to City
sufficiently in advance of to allow City to submit all invoices pertaining to the Study to
Metropolitan on or before August 31, 2021. OCWD acknowledges that invoices submitted to
Metropolitan after August 31, 2021, will not be paid unless Metropolitan, in its sole discretion,
grants City, in writing, an extension of time to complete the work and submit OCWD's invoices.
7. Billings and Payments
a. Unless authorized by Metropolitan to directly invoice Metropolitan for
costs of the Study, OCWD shall submit monthly invoices to City per the requirements of paragraph
6 of this Agreement and per Paragraphs 6 and 7 of the FSA Agreement in a format that will readily
facilitate City's submission of the City's monthly invoice and cover letter to Metropolitan.
OCWD's Agreement Administrator, or his/her designee, shall sign and certify each invoice
submitted to City to be true and correct to the best of their knowledge. OCWD's invoices as shown
in Exhibit B, shall be submitted monthly to City and shall include all applicable information
required by Section 7.b of the FSA Agreement.
b. City may reject incomplete and inaccurate OCWD invoices and will return
such invoices to OCWD within 30 days after the date of the incompletchnaccurate invoice. In
cases of rejected invoices, OCWD will submit a new, corrected invoice with a new invoice number
and new date. OCWD invoices submitted 90 days after completion of work, may be delayed or
not paid.
C. The final invoice submitted following completion of the Study shall be
clearly marked "FINAL INVOICE" by City. It shall be submitted to Metropolitan by City after
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the final report from the Study is accepted by Metropolitan and should include a request by City
for the release of the 25 percent retention.
Reporting Requirements
a. OCWD shall draft and submit to City all documents and reports necessary
for City to comply with section 8 of the FSA Agreement, including a Semi-annual Progress Report
as shown in Exhibit C, and to meet all timelines established in Exhibit A of the FSA Agreement.
The City will submit these reports to Metropolitan per the FSA Agreement after preparation by
OCWD. OCWD shall prepare all reports and associated materials required by this section, and
such reports shall be accompanied by an appropriate draft cover letter on City letterhead that the
City can submit to Metropolitan with any required reports in accordance with pertinent milestones
required by the FSA Agreement and Exhibit A thereto.
b. OCWD shall prepare and deliver a presentation on behalf of City on the
findings of the study during a concluding symposium to be scheduled and organized by.
Metropolitan.
c. Failure of OCWD to submit deliverables within the timefiames established
in Exhibit A and the FSA Agreement, or any extension of time authorized by Metropolitan, may
delay or eliminate OCWD's ability to obtain reimbursement of otherwise eligible costs associated
with the Study.
9. Business Outreach Program
It is the policy of Metropolitan to solicit participation in the performance of all
construction, professional services, procurement contracts, supplies, and equipment procured by
Metropolitan by all individuals and businesses, including but not limited to small businesses,
locally owned businesses, women, minorities, disabled veterans, and economically disadvantaged
enterprises. In performing services under this Agreement, City, and therefore OCWD, shall
endeavor to further this policy whenever practicable.
10. Successors and Assignment
This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, OCWD, including its participating entities, consultants, and
sub -consultants, shall not assign or transfer its interest in this Agreement without first obtaining
the written consent of City and Metropolitan.
11. Use of Materials
City will make available to OCWD such materials City obtains from Metropolitan
as may be required by OCWD to perform services under this Agreement. Stich materials shall
remain the property of Metropolitan while in OCWD's possession. Upon termination of this
Agreement and payment of outstanding invoices of OCWD, or completion of work trader this
Agreement, OCWD shall turn over to City and/or Metropolitan any property of Metropolitan in
OCWD's possession and any calculations, notes, reports, electronic files, or other materials
prepared by OCWD in the course of performing the services under this Agreement.
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12. Intellectual Property
a. All intellectual property produced by OCWD or City pursuant to this
Agreement in the performance of the Study shall be owned by City, which has granted
Metropolitan and its member public agencies a perpetual, nonexclusive license, at no cost, to use
the intellectual property developed in the course of the work performed under this Agreement by
City or any contractor and consultant working on the Study as the Study is described in Exhibit A.
As used herein, Metropolitan directs that the term "intellectual property" includes, but is not
limited to, all inventions, patents, copyrightable subject matter, copyrights, test data, trade secrets,
other confidential information and software created as a result of the Study funded by Metropolitan
herein.
b. City and OCWD agree that all results produced in the performance of this
Agreement may be released to the public.
C. City and OCWD agree that Metropolitan may utilize any material prepared
or utilize work created by the City or OCWD pursuant to this Agreement, including non-
proprietary computer software, in any manner which Metropolitan deems proper without
additional compensation to City or OCWD. City shall have no responsibility or liability for any
revisions, changes, or corrections made by Metropolitan, or any use or reuse pursuant to the
paragraph unless City accepts such responsibility in writing.
d. All intellectual property developed pursuant to this Agreement is owned by
City. As used herein, the term `intellectual property' includes, but is not limited to, all inventions,
patents, copyrightable subject matter, copyrights, test data, trade secrets, other confidential
information and software created as a result of the Study authorized herein.
e. City recognizes that the results of the work performed under this Agreement
may be published by OCWD. City agrees that OCWD employees engaged in work for the Exhibit
A scope will be free to present at symposia or professional meetings, and to publish in journals,
theses or dissertations, or otherwise of their own choosing, methods and results of the work
performed under this Agreement. Upon written request by City, copies of proposed manuscripts
will be furnished to City for review prior to publication. In no event will OCWD delay publication
for more than thirty (30) days from date of submittal of manuscript for City review.
OCWD shall submit a Final Report in the format shown in Exhibit D.
13. Nonuse of Intellectual Property of Third Parties
OCWD and City agree not to use, disclose or copy any intellectual property of any
third parties in connection with work carried out under this Agreement, except for intellectual
property for which OCWD, City or their consultants/subconsultants have a license or other legal
permission to use. OCWD shall indemnify, defend, and hold City and Metropolitan harmless
against all claims raised against City based upon allegations that OCWD has wrongfully used
intellectual property of others in performing the work authorized by this Agreement.
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14. Representations
Each Party represents that it is represented by legal counsel, that it has reviewed
this Agreement and agrees that:
a. This Agreement is legally enforceable;
b. Payments made by City to OCWD pursuant to this Agreement are a legal
use of City's funds; and,
C. To the best of City's and OCWD's understanding, Metropolitan may legally
recover the costs incurred by City pursuant to this Agreement in the water rates charged to
Metropolitan's Member Agencies.
15. Legal Requirements
OCWD shall secure and maintain all licenses or permits required by law and shall
comply with all ordinances, laws, orders, rules, and regulations pertaining to the work authorized
by this Agreement.
16. Guarantee and Warranty
a. OCWD guarantees and warrants that, to the best of its understanding, the
work OCWD and/or its consultants/subconsultants perform shall be performed and completed in
accordance with generally accepted industry standards, practices, and principles applicable to the
work.
b. City and OCWD agree that Metropolitan's representatives shall at all times
have access to the work funded by the FSA Agreement for purposes of inspecting same and
determining that the work is being performed in accordance with the terms of this Agreement and
the FSA Agreement,
17. Indemnity
a. OCWD assumes all risk of injury to its employees, agents, consultants, sub -
consultants, and contractors, including loss or damage to property, in the performance of this.
Agreement, except for those losses due to City's or Metropolitan's negligence, recklessness or
willful misconduct.
b. OCWD shall defend, indemnify, and hold harmless City, its City Council,
officers, employees, and agents from and against all claims, suits, or causes of action for injury to
any person or damage to any property to the proportionate extent arising out of, pertaining to, or
related to OCWD's and its participating entities', consultants', and sub -consultants' negligence,
recklessness or willful misconduct in the performance of this Agreement. In addition, in the event
that OCWD or any employee, agent, or subcontractor of OCWD providing services under this
Agreement claims or is determined by a court of competent jurisdiction or the California Public
Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of
the City, OCWD shall indemnify, defend, and hold harmless City for the payment of any employee
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and/or employer contributions for PERS benefits on behalf of OCWD or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions,
which would otherwise be the responsibility of City.
18. Insurance
OCWD will obtain all such insurance as Metropolitan may reasonably direct
OCWD to carry, if any, as a consultant and/or participating entity of City for purposes of preparing
the Study approved and authorized by the FSA Agreement. OCWD further agrees to reimburse
City for the costs of any additional insurance coverage City is required to obtain or carry in order
to satisfy the insurance obligations of City under the FSA Agreement between City and
Metropolitan.
19. Audit
a. OCWD shall be responsible for ensuring the accuracy and propriety of all
billings and shall maintain all supporting documentation for the period specified below.
b. City will have the right to audit OCWD's invoices and all supporting
documentation for purposes of compliance with this Agreement during the term of this Agreement
and for a period of three years following completion of services under this Agreement.
C. OCWD shall be responsible for maintaining the supporting documentation
for a period of three years following completion of services under this agreement.
d. Upon reasonable notice from City, OCWD shall cooperate fully with any
audit of its billings conducted by City and shall permit access to its books, records and accounts
as may be necessary to conduct such audits.
20. Prohibited Relationships with Sanctioned Countries and Persons
OCWD represents and warrants that both 1) OCWD, and 2) to OCWD's
knowledge, its directors, officers, employees, subsidiaries, participating entities, consultants, and
sub -consultants, are not engaged in any business transactions or other activities prohibited by any
laws, regulations or executive orders relating to terrorism, trade embargoes or money laundering
("Anti -Terrorism Laws"), including Executive Order No. 13224 on Terrorist Financing, effective
September 24, 2001 (the "Executive Order"), the Patriot Act, and the regulations administered by
the Office of Foreign Assets Control ("OFAC") of the U.S. Department of Treasury, including
those parties named on OFAC's Specially Designated Nationals and Blocked Persons List.
OCWD is in compliance with the regulations administered by OFAC and any other Anti -Terrorism
Laws, including the Executive Order and the Patriot Act. In the event of any violation of this
section, City shall be entitled to immediately terminate this Agreement and take such other actions
as are permitted or required to be taken under law or in equity.
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21. Conflict of Interest and Gift Restrictions
a. OCWD represents that it has advised City in writing prior to the date of
signing of this Agreement of any known relationships with a third party and the Metropolitan
Board and/or Metropolitan employees which would: (1) present a conflict of interest with the work
performed under this Agreement; (2) prevent OCWD or City from performing the terms of this
Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
b. OCWD, as a public agency, shall comply with all applicable requirements
of the California Political Reform Act ("PRA") and regulations of the Fair Political Practices
Commission ("FPPC") as well as all other applicable ethical standards or limitations promulgated
by Metropolitan and/or the City. OCWD agrees not to provide any prohibited compensation,
reward or gift to any Metropolitan Board member, officer or employee, or to any City Council
member, officer or employee.
22. Use of Metropolitan's Name
City, OCWD, and their participating entities, consultants, and sub -consultants shall not
publish or use any advertising, sales promotion, or publicity in matters relating to services,
equipment, products, reports, and material furnished by City and its participating entities,
consultants, and sub -consultants in which Metropolitan's name is used, or its identity implied
without Metropolitan's Agreement Administrator's prior written approval. This provision
survives the termination of this Agreement.
23. Termination
Either party may at any time terminate this Agreement by giving the other party not
less than thirty (30) days prior written notice. In the event of termination, City shall remain
responsible for payment of fees and expenses incurred by OCWD in conformity with this
Agreement and for invoices submitted by OCWD for work performed on the Study prior to the
date of termination.
24. Force Majeure Events
a. Excuse to Performance: In addition to specific provisions of the Agreement,
lack of performance by any Party shall not be deemed to be a breach of this Agreement, where
delays or defaults are due to acts of God, or the elements, casualty, strikes, lockouts, or other labor
disturbances, acts of the public enemy, orders or inaction of any kind from the government of the
United States, the State of California, or any other governmental, military or civil authority (other
than City, or another party to this Agreement), war, insurrections, riots, epidemics, landslides,
lightning, droughts, floods, fires, earthquakes, civil disturbances, freight embargoes, or any other
inability of any Party, whether similar or dissimilar to those enumerated or otherwise, which are
not within the control of the Party claiming such inability or disability, which such Party could not
have avoided by exercising due diligence and care and with respect to which such Party shall use
all reasonable efforts that are practically available to it in order to correct such condition (such
conditions being herein referred to as "Force Majeure Events").
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b. Responding to Force Majeure Events: The Parties agree that in the event of
a Force Majeure Event which substantially interferes with the implementation of this Agreement,
the Parties will use their good faith efforts to negotiate an interim or permanent modification to
this Agreement which responds to the Force Majeure Event and maintains the principles pursuant
to which this Agreement was executed.
25. Notices
Any notice or communication given under this Agreement shall be effective when
deposited, postage prepaid, with the United States Postal Service and addressed to the contracting
parties or delivered via overnight courier as follows:
Mail:
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92702
Attention: Clerk of Council (M-30)
With copies to:
Executive Director, Public Works
(at the same address)
Mail:
Orange County Water District
Post Office Box 8300
Fountain Valley, CA 92728-8300
Attention: Mr. Adam Hutchinson
Overnight Courier:
Orange County Water District
18700 Ward Street
Fountain Valley, CA 92708
Attention: Mr. Adam Hutchinson
Either party may change the address to which notice or communication is to be sent
by providing advance written notice to the other party.
26. Severability
If any provision of this Agreement shall be held illegal, invalid, or unenforceable,
in whole or in part, such provision shall be modified to the minimum extent necessary to make it
legal, valid, and enforceable, and the legality, validity, and enforceability of the remaining
provisions shall not be affected thereby.
27. Jurisdiction and Venue
This Agreement shall be deemed a contract under the laws of the State of California
and for all purposes shall be interpreted in accordance with such laws. Both parties hereby agree
and consent to the exclusive jurisdiction of the courts of the State of California and that the proper
venue of any action brought thereunder is and shall be Orange County, California.
28. Waiver
No delay or failure by either party to exercise or enforce at any time any right or
provision of this Agreement shall be considered a waiver thereof or of such party's right thereafter
to exercise or enforce each and every right and provision of this Agreement. A waiver to be valid
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13498849.12.08/01/19 10
shall be in writing but need not be supported by consideration. No single waiver shall constitute
a continuing or subsequent waiver. Waiver by either party of any breach or default of any clause
of this Agreement by the other party will not operate as a waiver of any previous or future default
or breach of the same or different clause of this Agreement
29. Entire Agreement
This writing contains the entire agreement of the parties relating to the subject
matter hereof; and the parties have made no agreements, representations, or warranties either
written or oral relating to the subject matter hereof which are not set forth herein. Except as
provided herein, this Agreement may not be modified or altered without formal amendment
thereto.
30. Dispute Resolution
In the event of any dispute, claim, question, or disagreement arising from or relating
to this Agreement or a breach thereof, the parties hereto will use reasonable efforts to settle the
dispute, claim, question, or disagreement. The parties will consult and negotiate with each other
in good faith and in recognition of their mutual interests, and make an attempt to strive for an
equitable solution which will satisfy both parties.
31. Service Marks and Trademarks
Neither party will use any service marks, registered trademarks, logos or other
marks of the other party without the express written approval of the other party.
32. Joint Drafting
Both parties have participated in the drafting of this Agreement.
2629/022499-0003
13498849.12 a08/01/19 11
Signature Page
IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as
of the date last written below.
-AWMAWNkus, P.E.
General Manager
By:
icente Sanniento
Board President
Approved as to form:
ungreis
General Counsel
2629l022499-0OD3
13498949.12 a0731/19 12
CITY OF SANTA ANA (r�
By: �— ��_ � '
Kristine Ridge
City Manager
ATTES%
CLERK OF •
Approved as to Form
Sonia R. Carvalho
City Attorney
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,RIJ
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Assistant City Attorney
Exhibits
2629/022499-0003
13498849.12 .08/01/19
Exhibit A- Scope of Work
Restoration of Local Recharge Sources from Invasive Dreissenid Mussels
1.0 Study Obiective
The purpose of the Study is to evaluate a potential treatment method, other than desiccation,
that can be used to eradicate existing quagga mussel infestations and prevent the potential
spread of quagga mussels. If such a method is identified, it could lead to restoring the use of
facilities for recharge of local water sources, such as stormwater.
2.0 Background Information
In January 2007, quagga mussels (Dreissena bugensis) were discovered at a marina in the Nevada
portion of Lake Mead, and two other lakes on the Colorado River, Lake Mohave and Lake Havasu.
Soon thereafter, the mussels spread through the Metropolitan Water District of Southern
California's (MWD's) Colorado River Aqueduct (CRA) as far south as Lake Skinner, near Temecula.
As of December 2017, quagga mussels have been detected in 43 locations in California. So far,
State Water Project (SWP) aqueducts and reservoirs have not been impacted, although there
were detections of quagga mussels in Pyramid Lake and other areas of the SWP in December
2016.
To minimize the spread of quagga mussels, MWD chlorinates CRA water, starting at Copper Basin
reservoir, close to the eastern end of the CRA and at other locations, such as Lake Matthews.
Despite this effort, quagga mussels have infested reservoirs used for capture of local runoff as
well as rivers, streams and canals used to convey both local supplies and imported supplies to
groundwater replenishment facilities. This is important because multiple entities that recharge
local water sources, such as storm water, use many of the same facilities to recharge imported
water. As a result, the presence of quagga mussels presents a barrier to the efficient use of these
dual use facilities and has affected the ability to maximize the capture and recharge of local
supplies, such as storm water.
As an example, Irvine Lake, which is owned and operated by the Irvine Ranch Water District
(IRWD), receives both imported CRA water and local storm flow. Downstream of Irvine Lake are
OCWD's Santiago Basins which are open gravel pits that were converted to groundwater
replenishment facilities in the early 1990s. In the 1990s, water from Irvine Lake was discharged
to Santiago Basins via Santiago Creek for groundwater replenishment. These deliveries are no
longer possible due to the presence of the quagga mussel in Irvine Lake and the potential for
infesting Santiago Creek and Santiago Basins.
On the San Gabriel River, multiple entities, including the Main San Gabriel Basin Watermaster
and the Water Replenishment District of Southern California (WRD) divert storm water from the
San Gabriel River into spreading grounds adjacent to the river. In October 2017, MWD found
quagga mussels in the San Gabriel Riverthat came from deliveries of MWD water. Although steps
were taken to desiccate the river and prevent the spread of quagga mussels, it is possible that
I
further infestations will occur and hamper the use of the San Gabriel River and associated
spreading facilities for the capture and recharge of local storm water.
In the Santa Clara River watershed, United Water Conservation District (UWCD) captures storm
flows from the Piru Creek watershed in Lake Piru, as well as imports a small amount of SWP water
from Pyramid Lake. UWCD then releases the stored water in late summer, recharging the
downstream groundwater basins, including the coastal Oxnard Plain. When Lake Piru became
infested with quagga mussels in late 2014, the California Department of Fish and Wildlife (CDFW)
ordered UWCD to limit discharges to downstream recharge facilities, to limit the spread of
quagga mussels. UWCD's downstream recharge facilities are the primary source for the cities of
the Oxnard Plain, which are also served by MWD via its member agency Calleguas Municipal
Water District (Calleguas). Groundwater has historically provided approximately half of the
water for this portion of Calleguas' service area. Quagga mussel -induced limitations on UWCD's
groundwater recharge will shift additional burden onto Calleguas and MWD. UWCD is currently
working with CDFW, U.S. Fish and Wildlife, and National Marine Fisheries Service to develop an
eradication plan for Lake Piru using EarthTec QZ that could potentially be implemented within
the next few years.
California Department of Fish and Wildlife Regulations
The California Department of Fish and Wildlife (CDFW) has a mandate to prevent the spread of
quagga mussels. As a result, CDFW requires the preparation of Dreissenid Mussel Monitoring,
Response and Control Plans (Plan) for any facility that is impacted.
Desiccation is the primary method of mitigating for quagga mussel infestations. Although
desiccation can work for isolated spreading grounds, it is less feasible in rivers and streams and
impossible in large reservoirs unless they can be fully drained. For OCWD, the Plan contains a
requirement that OCWD use imported water for recharge only in basins that can be desiccated
(dried out) for two weeks. In addition, these basins must be drained and dried prior to the storm
season to prevent potential conveyance of quagga mussels -laden water to other basins or to the
Santa Ana River. Moreover, one of the most effective recharge facilities, the Santa Ana River,
cannot be fully utilized because it cannot be fully desiccated. These restrictions present a barrier
to both the recharge of imported water and the capture of storm water, which reduces the
recharge of local supplies and the overall efficiency of groundwater replenishment operations.
The recharge of imported and storm water are considered together because OCWD, as with other
entities, use their facilities for storage, conveyance and recharge of both sources of supply.
The WRD has also been affected by the potential for infestations of waterways used to convey
both imported and storm water by quagga mussels. The Los Angeles County Department of
Public Works (LACDPW) owns the conveyance and spreading facilities used by WRD for the
recharge of storm water, recycled water and imported water. Due to the potential for quagga
mussel infestations, imported deliveries from the Colorado River have not been approved by
LACDPW for many years. When deliveries were made in 2017, an infestation of quagga mussels
was found in the San Gabriel River in October 2017 even though the supplies were mostly from
the SWP.
Restoring Local Recharge Sources
The purpose of the Study is to evaluate a potential treatment method, other than desiccation,
that can be used to eradicate existing quagga mussel infestations and prevent the potential
spread of quagga mussels. In 2016, Trussell conducted an extensive literature review for OCWD
of potential treatment technologies for the quagga mussel, including free chlorine, chloramines,
ozone, ultraviolet radiation, and potassium permanganate. Proprietary molluscicides were not
considered in this Study. Trussell found that the literature contains many studies examining
treatment for adult mussels, but limited research on veligers. The veliger stage is the final larval
stage of the quagga mussel, when they are mobile, having two ciliated flaps for swimming and
feeding. Of the treatment methods examined, chlorine, chloramine and ozone were found to
have promise; however, they present several challenges, such as needing quenching prior to
discharge to a stream or river (chlorine, chloramine), formation of disinfection byproducts
(chlorine), and high capital costs (ozone). In fact, one of the constraints that MWD faces with
chlorine dosing at Lake Matthews is the formation of disinfection byproducts.
An alternative method of treating for quagga mussels is EarthTec QZ, which is an EPA -registered
molluscicide for prevention and control of quagga and zebra mussels. This product has been
shown to be effective in eradicating quagga mussels and veligers in samples obtained from Lake
Mead. Based on the Lake Mead study, an EarthTec QZ concentration of 3 mg/L, which produces
a copper concentration of 0.18 mg/L, resulted in complete veliger mortality within 30 minutes.
The effectiveness of EarthTec QZ and moderate cost, which is estimated at $20/acre-feet (for
EarthTec QZ concentration of 3 mg/L), suggest that it has the potential be a cost-effective method
to safely treat impacted sources of water, such as local reservoirs and imported water supplies;
however, site -specific testing is needed to develop the proper dose required in local sources and
to obtain approval by CDFW. Eventual approval by CDFW will allow for expanded use of currently
infested facilities and open the use of facilities that are not currently infested, which would
reduce barriers to groundwater replenishment, including the recharge of local supplies such as
storm water.
3.0 Studv Description
OCWD staff, along with Trussell, would conduct the Study. In general terms, the Study will test
the response of quagga veligers to various doses of EarthTec QZ at five locations: Lake Matthews,
OCWD's OC-28 connection in Anaheim, Lake Piru, MWD connection CenB-28, and one other
location to be determined. Live veligers would be collected at each location. Subsets of the
collected veligers would be exposed to different concentrations of EarthTec QZ and their
response would be monitored over time. This work would be conducted in existing or temporary
field labs located at or near where the veliger samples are collected. This is important to
minimize the potential for veliger die -off during transport.
In addition to examining the effectiveness of EarthTec QZ on quagga veligers, the Study includes
an assessment of the toxicity of EarthTec QZ for aquatic species — other than quagga veligers.
This work will be conducted in parallel with the dose -response veliger testing. Trussell will
consult with aquatic microbiology experts, CDFW staff, review available literature, and examine
regulations to evaluate the water quality impacts of EarthTec QZ.
Up to eight meetings are budgeted to ensure there is maximum collaboration with all Study
stakeholders at all stages of the Study.
Participating Entities and Supporting Entities
Participating entities include:
• Orange County Water District
• Water Replenishment District of Southern California
• United Water Conservation District
• Main San Gabriel Watermaster
• Central Basin Municipal Water District
• California Department of Fish and Wildlife (CDFW)
• California Department of Water Resources (DWR)
All the listed entities above, except for CDFW and DWR, are contributing financially to this Study.
CDFW and DWR are contributing staff time and providing technical assistance to the Study.
4.0 Description of Tasks
Task 1 Evaluation of EarthTec QZ Veliger Treatment
Bench scale testing will be completed at five surface water locations to establish quagga mussel
veliger dose -response curves with exposure to EarthTec QZ and determine the lowest
concentration that could be used to kill quagga veligers.
Testing is proposed at:
• Lake Matthews,
• OCWD's OC-28 connection in Anaheim,
• Lake Piru, and;
• MWD's CenB-28 connection
• One additional site to be identified in cooperation with Study partners.
Each site will be assessed for any available documentation of seasonal changes in veliger
populations, and sample collection and testing will be scheduled to target periods of high veliger
populations. Samples of raw surface water and quagga mussel veligers will be collected from
each of the surface water sites with plankton tow nets. To minimize veliger die -off, all veliger
dose -response tests will be completed in field lab space close to the collection sites, with water
and veliger samples collected on the same day.
Veliger samples will first be assessed for density of live (physically moving or tissue movement of
veliger), dead (cracked shells or degraded tissue), or empty shell (with no tissue and only shell
remaining). If veliger concentrate contains >1% dead to live veliger density, the plankton
collection will not be used. The veliger concentrate will be divided into testing beakers to achieve
approximately 100 to 200 live veligers per test replicate, ranging in size from D-shaped (>63 µm)
to pediveligers (< 300 µm). If the veliger population size is not large enough to achieve desired
densities, at least 30 veligers will be tested per replicate.
Four exposure doses of EarthTec QZ will be investigated and a control will be included for each
duration, with a maximum of three exposure durations. At least three replicates per exposure
dose and duration will be completed and will be tested at a maximum of two temperatures. Once
the exposure duration for each test condition is complete, the proportion of live and dead quagga
mussels will be analyzed with fast green stain. In addition to the veliger assessment, each test
beaker will be evaluated for copper (total and dissolved), dissolved oxygen, conductivity, pH, and
temperature at the start of the experiment and at the end of the exposure time. Raw surface
water samples will be monitored for total organic carbon (TOC), copper (total and dissolved),
dissolved oxygen, conductivity, pH, and temperature.
Task 2 Toxicity Assessment
An assessment of the toxicity of EarthTec QZ for aquatic species — other than quagga veligers —
present in the surface water will be completed in parallel with the dose -response veliger testing
(Task 1). Trussell will consult with aquatic microbiology experts, CDFW staff, review available
literature, and examine regulations to evaluate the water quality impacts of EarthTec QZ. In
conjunction with Task 1 testing, surface water samples will be collected and dosed with EarthTec
QZ to assess water quality impacts and toxicity. Slides will be prepared to communicate the
proposed test plan. The toxicity testing will include up to three replicates with two doses of
EarthTec QZ and assessment of toxicity for two aquatic indicator species.
Task 3 Proiect Management
The project team will work closely with OCWD and funding partners to coordinate testing events,
provide updates of Study results, and communicate progress on Study activities. Trussell will
attend up to eight meetings with project partners and prepare slides to communicate results and
progress.
Project staff will provide a presentation of the sudy findings at a symposium being held by MWD.
5.0 Deliverables
Task/Subtask
Deliverables
Submittal Due
Date
Task 1, Evaluation of EarthTec QZ
Veliger Dose -Response Test Plan
Q3 2019
Veliger Treatment
Technical Memorandum
Q42020
Test Plan (slides)
Q3 2019
Task 2, Toxicity Assessment
Technical Memorandum 2
Q4 2020
Draft Report
Q2 2021
Tasks 1, 2 Final Reporting
Final Report
Q3 2021
Symposium Presenation
Fall 2021
Task 3, Project Management
Slides for project meetings
Various
6.0 Cost Estimate
Task No.
Task Description
Total Study
Requested
Metropolitan
Cost
Funding Match
Task 1,
Bench scale testing at five surface water locations
Evaluation of
to establish quagga mussel veliger dose -response
EarthTec QZ
curves with exposure to EarthTec QZ and
$154,180
$77,090
Veliger
determine the lowest concentration that could be
Treatment
used to kill quagga veligers.
Task 2,
An assessment of the toxicity of EarthTec QZ for
Toxicity
aquatic species— other than quagga veligers—
$62 228
$31,114
Assessment
present in the surface water will be completed in
parallel with the dose -response veliger testing.
Coordinate testing events, provide updates of
Task 3,
Study results, and communicate progress on
Project
Study activities. Host eight meetings with project
$29,184
$14,592
Management
partners and prepare slides to communicate
results and progress.
Totals
$245,592
$122,796
7.0 Schedule
Apr
Jul
Oct
Apr
Jul
Oct
Apr
Jul
Oct
Jan-
-
Jan-
-
Jan-
-
-
-
Mar
Jun
$e
Dec
Mar
Jun
$e
Dec
Mar
Jun
Se
Dec
P
P
P
2019
2020
2021
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Task
Task Name
1
Collect and compile
available data
Develop Draft Veliger
1
Dose Response Test Plan
1
Stakeholder Review
Meeting 1
1
Finalize Veliger Dose
Response Test Plan
Conduct Field
1
Sampling/Dose
Response Testing
1
Compile Results
Semi -Annual Progress
1,2
Report 2019 No. 1 (May
2019 — December 2019)
1
Conduct Additional
Sampling (If needed)
Semi -Annual Progress
1,2
Report 2020 No. 1
(January 2020 —June
2020)
Compile Season 2
1
Results (If needed)
Stakeholder Review
1
Meeting 3 (If needed)
1
Prepare Draft Technical
Memorandum 1
Review Draft Technical
1
Memorandum 1
Submit Final Technical
1
Memorandum 1
Semi -Annual Progress
1,2
Report 2020 No. 2 (July
2020 — December 2020)
2
Develop Toxicity Test
Plan
Stakeholder Review
2
Meeting 1
Apr
P
Jul
Oct
Apr
P
Jul
Oct
Apr
Jul
Oct
Jan-
-
Jan-
-
Jan-
-
-
-
Mar
Jun
$e
Dec
Mar
Jun
$e
Dec
Mar
Jun
Se
Dec
P
P
P
2019
2020
2021
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Q1
Q2
Q3
Q4
Task
Task Name
Finalize Toxicity Test
2
Plan
2
Conduct Toxicity Testing
2
Compile Results
2
Stakeholder Review
Meeting 2
2
Conduct Additional
Testing (If needed)
Compile Season 2
2
Results (If needed)
2
Stakeholder Review
Meeting 3 (If needed)
2
Prepare Draft Technical
Memorandum 2
Review Draft Technical
2
Memorandum 2
2
Submit Final Technical
Memorandum 2
1,2
Draft Final Report
1,2
Final Report
3
Symposium Presentation
of Study Findings
3
Project Management
*First Semi -Annual Report of 2019 will include a summary of work conducted in May -June 2019.
Reporting Schedule
• Semi -Annual Progress Report 2019 No. 1* (May 2019 — December 2019) .. February 15, 2020
• Semi -Annual Progress Report 2020 No. 1 (January 2020—June 2020) ............August 15, 2020
• Semi -Annual Progress Report 2020 No. 2 (July 2020— December 2020) ..... February 15, 2021
DraftFinal Report...........................................................................................................May 31, 2021
• Final Report........................................................................................................... July 31, 2021
• Agency presentation on study findings at concluding symposium .............................. Fall 2021
*First Semi -Annual Report will include a summary of work conducted in May -June 2019.
Exhibit B- Sample Invoice
BILL TO
INVOICE
Metropolitan Water District of Southern California
Accounts Payable Section
P.O. Box 54153
Los Angeles, CA 90054-0153
AccountsPavableBusiness@mwdh2o.com
AGENCY NAME
INVOICE DATE
INVOICE NUMBER
INVOICE PERIOD
ADDRESS
STUDY NAME
CONTACT
CONTACT PHONE
AGREEMENT NUMBER
MAXIMUM AWARD AMOUNT
AMOUNT PREVIOUSLY INVOICED
AWARD AMOUNT REMAINING
ITEMIZED EXPENSES
TASK
DETAILED DESCRIPTION
(e.g., consultant costs and hours, materials and supplies, lab costs,
etc.)
COST
TOTAL COSTS
TOTAL ELIGIBLE COSTS (UP TO 50% OF TOTAL COSTS)
RETENTION (25% of total eligible reimbursable costs)
TOTAL ELIGIBLE REQUEST - RETENTION
BY SIGNING THIS INVOICE, AGENCY CERTIFIES THAT WORK DESCRIBED HEREIN IS AN ACCURATE AND CORRECT
RECORD OF SERVICES PERFORMED FOR METROPOLITAN UNDER THIS AGREEMENT AND THIS WORK HAS NOT BEEN
BILLED ON ANY OTHER CLIENT OR STUDY PARTNER INVOICES.
STUDY MANAGER
BILL TO:
Metropolitan Water District of Southern
California
Accounts Payable Section
P.O. Box 54153
Los Angeles, CA 90054-0153
Exhibit B — Sample Invoice
BUDGET
Tracking
STUDY NAME
INVOICE PERIOD
AGREEMENT
NUMBER
A
B
C
D
E
F
G
TASK NUMBER
AND NAME
TOTAL COSTS
PAID BY
MEMBER
AGENCY FOR
CURRENT
INVOICE
ELIGIBLE
REIMBURSABLE
COSTS FOR
CURRENT INVOICE
(UP TO 50%OF B)
CUMULATIVE
ELIGIBLE
REIMBURSABLE
COSTS
(INCLUDING
CURRENT
INVOICE)
TOTAL
AWARD
AMOUNT
PER
EXHIBIT A
SCOPE OF
WORK
REMAINING
AWARD
BALANCE
(E — D)
PERCENT
COMPLETE
(D/E x100%)
TOTAL
CUMULATIVE WITHHOLDING (INCLUDING CURRENT INVOICE)
CUMULATIVE REIMBURSABLE REQUEST (INCLUDING CURRENT INVOICE)
Exhibit C —Semi-annual Progress Reports
Agency shall include, at minimum, the following items in the Semi -Annual Progress Reports.
1. Cover Letter
Provide a brief description of the submittal, including the amount invoiced in the respective invoice
period, a list of items being submitted, and contact information. The letter must be signed and include
the following language:
"I am informed and believe that the information contained in this report is true and that the
supporting data is accurate and complete."
2. Semi -Annual Progress Report
2.1 Study Status
a) Describe work performed during the semi-annual period, by task.
b) Describe major accomplishments, such as:
i. Tasks achieved
ii. Milestones met and deliverables completed
iii. Meetings held or attended
iv. Press release, etc.
c) Where applicable, describe how the activities carried out differed from the plans outlined in
the Study Scope of Work. Identify any problems encountered in the performance of the work
under this Agreement, and how these matters were addressed.
d) If the semi-annual period's objectives were not met, explain why and how these goals will be
approached for the next reporting period.
2.2 Cost Information
a) Identify costs incurred during the quarter by Agency and each partnering/supporting entity
working on the Study.
b) Discuss how the actual budget is progressing in comparison to the latest Study budget.
Describe any differences that occurred, identifying budget impacts and/or problems
encountered, and describe how these matters will be addressed forthe next reporting period.
c) Provide a revised budget, by task, if changed from the latest Study budget.
2.3 Schedule Information
a) Provide a Study schedule showing actual progress versus planned progress from the latest
schedule.
b) Discuss how the actual schedule is progressing in comparison to the latest Study schedule.
Justify any differences that occurred, identifying schedule impacts and/or problems
encountered, and describe how these matters will be addressed for the next reporting period.
c) Provide a revised schedule, by task, if changed from the latest Study schedule.
Exhibit D — Final Report Format
Agency shall include, at minimum, the following items in the Final Report.
1. Cover Letter
Provide a brief description of the submittal, including the total amount of funds disbursed, a list of
items being submitted, and contact information. The letter must be signed and include the following
language:
"I am informed and believe that the information contained in this report is true and that the
supporting data is accurate and complete."
2. Final Report
2.1 Executive Summary
a) Briefly summarize the content of the main report.
2.2 Introduction
a) Provide an overview of the work performed and accomplishments achieved throughout
the duration of the Study.
b) Briefly describe the findings of the study.
c) Describe the role/involvement of each partnering/supporting entity and their relationship to
the Study.
2.3 Cost Summary
a) Include a summary of the costs incurred and of funds disbursed throughout the duration of
the Study.
b) Provide a comparison between the planned budget in the Agreement and the actual budget.
Justify any differences that occurred, identifying budget impacts and/or problems
encountered, and how these matters were addressed.
2.4 Schedule Summary
a) Include a summary of all tasks accomplished throughout the duration of the Study.
b) Provide a comparison between the planned schedule in the Agreement and the actual
schedule. Justify any differences that occurred, identifying schedule impacts and/or problems
encountered, and how these matters were addressed.
2.5 Study Results and Analysis
a) Describe and provide an analysis of the Study results and findings in detail.
b) Were the Study goals and objectives as proposed achieved? Explain.
c) Discuss any major problems that occurred in meetingthe Studygoals and objectives, including
how, and if, they were resolved.
d) Explain how the findings of the Study can be applied to other areas of the region.
What types of obstacles, if any, would be anticipated before implementation/application can
occur, and how could these matters be addressed?
2.6 Conclusion
a) Describe lessons learned.
b) Describe the next steps of the Study (e.g., applicability of the results, topics that may require
additional research, new programs that should be developed, policy amendments, etc.).
Exhibit C — Semi-annual Progress Reports
Agency shall include, at minimum, the following items in the Semi -Annual Progress Reports.
1. Cover Letter
Provide a brief description of the submittal, including the amount invoiced in the respective invoice
period, a list of items being submitted, and contact information. The letter must be signed and include
the following language:
"I am informed and believe that the information contained in this report is true and that the
supporting data is accurate and complete."
2. Semi -Annual Progress Report
2.1 Study Status
a) Describe work performed during the semi-annual period, by task.
b) Describe major accomplishments, such as:
i. Tasks achieved
ii. Milestones met and deliverables completed
iii. Meetings held or attended
iv. Press release, etc.
c) Where applicable, describe how the activities carried out differed from the plans outlined in
the Study Scope of Work. Identify any problems encountered in the performance of the work
under this Agreement, and how these matters were addressed.
d) If the semi-annual period's objectives were not met, explain why and how these goals will be
approached for the next reporting period.
2.2 Cost information entity
a) Identify costs incurred during the quarter by Agency and each partnering/supporting y
working on the Study.
b) Discuss how the actual budget is progressing in comparison to the latest Study budget.
Describe any differences that occurred, identifying budget impacts and/or problems
encountered, and describe how these matters will be addressed forthe next reporting period.
c) Provide a revised budget, by task, if changed from the latest Study budget.
2.3 Schedule Information
a) Provide a Study schedule showing actual progress versus planned progress from the latest
schedule.
b) Discuss how the actual schedule is progressing in comparison to the latest Study schedule.
Justify any differences that occurred, identifying schedule impacts and/or problems
encountered, and describe how these matters will be addressed forthe next reporting period.
c) Provide a revised schedule, by task, if changed from the latest Study schedule.
Exhibit D — Final Report Format
Agency shall include, at minimum, the following items in the Final Report.
1. Cover Letterst of
f the sbmitta
temsProvide a brief description being submitted, and ocontact Unformationl hie letter ng the tmust be signed and
tlotal amount of n rude the folio'wing
language:
supporting data is accurate and complete."
2. Final Report
2.1 Executive Summary
a) Briefly summarize the content of the main report.
2.2 Introduction
erformed and accomplishments achieved throughout
a) Provide an overview of the work p
the duration of the Study.
b) Briefly describe the findings of the study.
c) Describe the role/involvement of each partnering/supporting entity and their relationship to
the Study.
2.3 Cost Summary
a) Include a summary of the costs incurred and of funds disbursed throughout the duration o
the Study.
b) Provide a comparison between the planned budget in the Agreement and the actual budget.
Justify any differences that occurred, identifying budget impacts and/or problems
encountered, and how these matters were addressed.
2.4 Schedule Summary
a) Include a summary of all tasks accomplished throughout the duration of the Study.
b) Provide a comparison between the planned schedule in the Agreement and the actual
schedule. Justify any differences that occurred, identifying schedule impacts and/or problems
encountered, and how these matters were addressed.
2.5 Study Results and Analysis
a) Describe and provide an analysis of the Study results and findings in detail.
b) Were the Study goals and objectives as proposed achieved? Explain.
and objectives, including
c) Discuss any major problems that occurred in meeting the Study g !
how, and if, they were resolved.
d) Explain how the findings of the Study can be applied to other areas of the region.
What types of obstacles, if any, would be anticipated before implementation/application can
occur, and how could these matters be addressed?
2.6 Conclusion
a) Describe lessons learned.
b) Describe the next steps of the Study (e.g., applicability of the results, topics that may require
additional research, new programs that should be developed, policy amendments, etc.).