HomeMy WebLinkAboutCA DEPT WATER RESOURCES 1 - 2005
A-2005-100
Agreement No. P13-052
SAP Contract No. 4600002935
STATE OF CALIFORNIA
THE RESOURCES AGENCY
DEPARTMENT OF WATER RESOURCES
AGREEMENT BETWEEN THE STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES AND
the City of Santa Ana
and the Santiago Creek Greenway Alliance
UNDER THE URBAN CREEK RESTORATION AND FLOOD CONTROL ACT
THIS AGREEMENT, made in triplicate, is entered into as of this 15th day of June, 2003,
between the Department of Water Resources of the State of California, hereinafter called the
State, and the Sponsor, City of Santa Ana, and the Co-sponsor, Santiago Creek Greenway
Alliance, hereinafter collectively called the Grantees, which parties do hereby agree as follows:
1. Purpose. The purpose of this Agreement is to provide Urban Creek Restoration Program
grant funds for the planning and/or execution of a watershed stabilization and flood
damage reduction project, as provided for by California Water Code Section 7048, on
Lower Santiago Creek (Phase II) in Orange County. Grantees agree to use the grant funds
received in accordance with the terms specified in this Agreement and pursuant to the Safe
Drinking Water, Clean Water, Watershed Protection, and Flood Protection Act (California
Water Code Section 79060 et seq., Division 26, Chapter 5, Article 5).
2. Grant Amount. Subject to the availability of funds, the State shall provide a grant in the
amount of $135,000 to the Grantees to assist in financing the urban creek protection,
restoration and enhancement project to be carried out as described in paragraph 3 below.
3. Grantees Responsibilities:
A. The Grantees shall implement on-site work to be performed as specified in a Work Plan
developed by the Grantees' Project Manager with the assistance of the Project
Manager(s) for the State.
B. The Grantees shall develop a program to manage streambank stabilization, stream
channel environment and watershed for the purpose of reducing damages from erosion
and/or floods and improving the environmental values of the riparian environment.
Development of this management program is provided for in the attached Work Plan.
C. Grantees are solely responsible for design, construction, operation and maintenance of
the project. Review or approval of plans, specifications, bid documents or other
construction documents by the State is solely for the purpose of proper administration of
grant funds by the State and shall not be deemed to relieve or restrict the Grantees'
responsibility. Any planning and design assistance provided to the Grantees by the
State is provided pursuant to California Water Code Section 7048 and is not governed
by the terms of this Agreement.
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Agreement No. P13-052
SAP Contract No. 4600002935
4. Term of Agreement. The term of this Agreement will begin on June 15, 2003 and extend
through May 15, 2007. The term may be amended by agreement of the parties.
5. Project Managers: The Project Manager for the State is:
Program Coordinator, Urban Streams Restoration Program, Division of Planning and
Local Assistance, Department of Water Resources, acting directly or through
representatives acting within the scope of delegated authority.
The Project Manager for Grantees, designated by the Grantees is:
Park Naturalist
The Grantees hereby delegate authority to the Project Manager to manage the Agreement,
and to delegate authority to others to provide management and support services required for
performance of the work and administration of the Agreement. The delegation of authority
to submit invoices requires written consent by both grantees which will be provided to the
Department of Water Resources.
State or grantees may change the foregoing delegations by written notice to the other
parties.
Notices by Grantees' Project Manager shall be sent to:
Urban Streams Restoration Program
Attention: Program Coordinator
Division of Planning and Local Assistance
Department of Water Resources
P. O. Box 942836
Sacramento, California 94236-0001
Notices by State's Project Manager shall be sent to:
Park Naturalist
Santa Ana Parks, Recreation, and Community Services
P. O. Box 1988
Santa Ana, California 92702
6. CEQA Compliance. Prior to disbursement of implementation funds under this Agreement,
the Grantees shall comply with all applicable requirements of the California Environmental
Quality Act (California Public Resources Code Sections 21000-21177) and other applicable
federal, State and local laws, rules and regulations.
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Agreement No. P13-052
SAP Contract No. 4600002935
7. Periodic Reports: The Project Manager shall submit periodic progress reports as directed
by the State on the status of the project to USRP staff at the Department of Water
Resources. The submittal of these reports is a requirement for initial and continued
disbursement of grant funds.
8. Project Oversight. The Department may inspect the project at any reasonable time to
ensure it is being carried out in accordance with the work plan and that it is being properly
maintained. During the administration of this contract, the Department may also direct and
Grantees shall provide additional available technical, financial, hydrologic, bioengineering,
soil and water quality, environmental, water rights, legal analyses and justifications, and
other relevant information to ensure the project is being carried out in accordance with this
Agreement.
9. Method of Payment. All payments, except those for real property acquisition components of
projects, will be made in arrears upon receipt of an original invoice and three copies by
the Department of Water Resources, Division of Planning and Local Assistance,
P. O. Box 942836, Sacramento, California 94236-0001, Attention: Program Coordinator,
Urban Streams Restoration Program. Invoices should include Agreement number and
Work Plan element identification. For real property acquisition components of projects, see
paragraph 15. I.
a. Projects located in Northern District require one additional copy mailed to:
Northern District, Department of Water Resources, 2440 Main Street,
Red Bluff, California 96080-2356, Attention: Environmental
Scientist, Watershed Management Section.
b. Projects located in Southern District require one additional copy mailed to:
Southern District, Department of Water Resources, 770 Fairmont Avenue,
Glendale, California 91203-1035, Attention: Environmental Scientist,
Recreation and Environmental Studies Section.
10. Payment Retention. The State reserves the right to withhold from payments made under
paragraph 9 up to 10 percent of the value of the submitted invoices per Public Contract
Code Section 10346 until it is satisfied that the project being financed by this grant is
completed. It is understood that such retentions may be withheld until a report summarizing
project results is received and found satisfactory by the State. Grantees may substitute
securities for such retentions as provided by Government Code Section 4590 and shall
receive any interest thereon.
11. Final Report and Questionnaire. Upon completion of the project, the Grantees shall submit
a final written report which contains: (1) a description of conditions before the
project was executed, (2) a summary of the restoration and planning techniques used,
(3) a description of the results of the project, (4) an analysis of the techniques used, and
(5) a description of planned long-term monitoring. The report must include photographs of
planning and restoration activities and techniques.
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Agreement No. P13-052
SAP Contract No. 4600002935
12. Standard Provisions. Exhibit A, containing standard provisions, is attached and by this
reference incorporated herein.
13. Work Plan, Exhibit 8, is attached and by this reference incorporated herein. Items included
in the attached Work Plan budget and designated for funding by DWR may be undertaken
by grantees prior to execution of this contract.
14. Maintenance. The Grantees agree to use, manage, and maintain the property acquired,
developed, rehabilitated or restored with the grant funds provided in this Agreement
consistent with the purposes of the program. Specific maintenance activities are outlined in
Exhibit C, attached, and by this reference incorporated herein. The Grantees or their
successors may, with the approval of the State, transfer this responsibility to use, manage,
and maintain the property.
15. Property Rights Acquisitions. Grantees may acquire real property rights for the purpose of
the protection, restoration, and enhancement of urban creek channels by combining an
effective and low-cost means of flood control protection with the preservation and
enhancement of natural environmental values. Whenever any real property fee title or
interest is to be acquired with grant funds, the following shall apply:
A. Grantees shall submit a preliminary title report, vesting documents, and a fully
conformed appraisal report to the State. Appraisal Requirements, Exhibit D, is attached
and by this reference incorporated herein. The report shall be prepared and signed by a
qualified general appraiser, who is licensed by the California Department of Real Estate
Appraisers and demonstrates compliance with the Uniform Standards for Professional
Appraisal Practices (USPAP). The reports shall be submitted to the State for approval
prior to disbursal of funds for the acquisition. For low value property interests, the State,
in its sole discretion, may waive any of the foregoing submittal requirements.
8. The property rights shall be acquired from a willing seller and in compliance with current
laws governing acquisition of properties by public agencies.
C. Grantees shall provide sufficient notice to adjacent landowners and other members of
the public to enable public input on interests that may be affected by the acquisition and
changes in land use.
D. Grantees shall use, manage, and maintain the property in a manner consistent with the
purpose of the acquisition, for at least N/A years. The grantees further assume all
management and maintenance costs associated with the acquisition, including the costs
of ordinary repairs and replacements of a recurring nature, and costs of enforcement of
regulations. The Department of Water Resources shall not be liable for any cost of such
management or maintenance.
E. Grantees shall identify all riparian rights that will be affected by a real property
acquisition and propose appropriate treatment of such rights.
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Agreement No. P13-052
SAP Contract No. 4600002935
F. Fee title shall generally be acquired by the local agency co-sponsor. However, if the
non-profit co-sponsor has 501 (c)(3) status, it may acquire fee title. In the latter case, fee
title shall be transferred within 180 days after completion of the on-site work to the local
agency co-sponsor, which hereby agrees to accept such transfer.
G. An Irrevocable Offer to Dedicate a real property interest for public use that is less than a
fee title, such as an easement or license, shall include the following provisions, and shall
be recorded concurrently with the instrument that conveys the real property interest to
the grantees:
1. the entity with the authority to accept the offer to dedicate the real property interest
shall be identified in the offer and shall be the local agency co-sponsor with the
capacity to accept an offer to dedicate title to the real property interest for public use;
and
2. the irrevocable offer to dedicate can only be extinguished or abandoned by such
local agency after at least N/A years and in accordance with applicable laws and
regulations.
H. Grantee shall complete the attached Acquisition Cost Schedule which includes budget
items relevant to the acquisition. Acquisition Cost Schedule, Exhibit E, is attached and
by this reference incorporated herein.
I. Method of payment. Funds provided by State for real property acquisitions shall be
deposited by State with an escrow holder acceptable to State and with escrow
instructions regarding funding and disbursal provided by State. If the escrow does not
close by the date set forth in State's escrow instructions, or such other date as may be
agreed to by the parties, the funds shall be returned to State.
J. Grantee shall supply a copy of any recorded vesting documents to the State after close
of escrow.
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Agreement No. P13-052
SAP Contract No. 4600002935
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above
written.
Approved as to Legal Form
and Sufficiency:
STATE OF CALIFORNIA
DEPARTMENT OF WATER RESOURCES
Department of Water Resources
. O. Box 942836
Sacramento, CA 94236-0001
By
Chief ivision of Planning and
Local Assistance
~~
Sponsor: City of Santa Ana
/ /~7/7
By. _ /('"'-z[~~~../i 4/C::~~~-
Signature
., David N. Ream
Printed Name
Address PO 13fT}( PI?? M-}5
~9'~ ~ I C4 7?-707
,
T\~II:;f~~'.M~~r, /; ,)
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>r,: ,I. ..- _\1 ~/ -> ..L..__ <______
l_;\L:;'.l ....r_;L S:;:(,J),
/'":-',"~'l:,;j~ Ci.y All ,:' , i',";,
Co-sponsor: Santiago Creek Greenway
Alliance
By~~A~
Signature
J!oWIHV() ])e-Cf{.VIVWlleAe.
Printed Name f
Address: 1500 East Katella, Suite 7
Orange, CA 92867
Title: Executive Director
Attachments
A~-t. C) ~~...
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PATRICIA IE. HEAlY
CLERK OF THE COIINlJIl
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Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit A
State of California
The Resources Agency
DEPARTMENT OF WATER RESOURCES
STANDARD CLAUSES
A-1. Worker's Compensation Clause
Grantees affirm that they are aware of the provisions of Section 3700 of the California
Labor Code which require every employer to be insured against liability for workers'
compensation or to undertake self-insurance in accordance with the provisions of that Code,
and Grantees affirm that they will comply with such provisions before commencing the
performance of the work under this Agreement. Grantees will make their contractors and
subcontractors aware of this provision and determine that they have complied with it before
commencing work on the project.
A-2. Claims Dispute Clause
Any claims that Grantees may have regarding the performance of this Agreement,
including but not limited to claims for additional compensation or an extension of time, shall be
submitted to the Director, Department of Water Resources, within thirty days of their accrual.
State and Grantees shall then attempt to negotiate a resolution of such claims and process an
amendment to this Agreement to implement the terms of any such resolution.
A-3. National Labor Relations Board Clause
In accordance with Public Contract Code Section 10296, Grantees declare under
penalty of perjury that no more than one final, unappealable finding of contempt of court by a
federal court has been issued against the Grantees within the immediately preceding two-year
period because of Grantees' failure to comply with an order of a federal court which orders
Grantees to comply with an order of the National Labor Relations Board. .
A-4. Nondiscrimination Clause
During the performance of this Agreement, the Grantees, their contractors and
subcontractors shall not deny the Agreement's benefits to any person on the basis of religion,
color, ethnic group identification, sex, age, physical or mental disability, nor shall they
discriminate unlawfully against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, physical handicap, mental disability, medical condition,
marital status, age (over 40) or sex. Grantees shall insure that the evaluation and treatment of
employees and applicants for employment are free of such discrimination. Grantees, their
contractors and subcontractors shall comply with the provisions of the Fair Employment and
Housing Act (Government Code Section 12900 et seq.), the regulations promulgated thereunder
(California Administrative Code, Title 2 Sections 7285.0 et seq.), the provisions of Article 9.5,
Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code Sections
11135-11139.5) and the regulations or standards adopted by the awarding State agency to
implement such article.
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Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit A
Grantees, their contractors and subcontractors shall give written notice of their
obligations under this clause to labor organizations with which they have a collective bargaining
or other agreement.
Grantees shall include the nondiscrimination and compliance provisions of this clause in
all subcontracts to perform work under the Agreement.
Grantees, their contractors and subcontractors shall permit access by representatives of
the Department of Fair Employment and Housing and the awarding State agency upon
reasonable notice at any time during the normal business hours, but in no case less than
24 hours notice, to such of their books, records, accounts, other sources of information and their
facilities as said Department or Agency shall require to ascertain compliance with this clause.
The Grantees' signature on this Agreement shall constitute a certification under penalty
of perjury under the laws of the State of California that the Grantees have, unless exempted,
complied with the nondiscrimination program requirements of Government Code Section 12990
and Title 2, California Code of Regulations Section 8103.
A-5. State to be Held Harmless
The Grantees agree to indemnify the State of California, Department of Water
Resources and its officers, agents and employees against and to hold the same free and
harmless from any and all claims, demands, damages, losses, costs, expenses or liability due
or incident to, either in whole or in part and whether directly or indirectly, the project.
A-6. Compliance with Laws, Regulations, Permit Requirements
The Grantees shall at all times comply with, and require their contractors and .
subcontractors to comply with, all applicable federal and State laws, rules and regulations and
permits and all applicable local ordinances, specifically including but not limited to
environmental, procurement and safety laws, rules, regulations, permits and ordinances.
A-7. Successors and Assigns
This Agreement and all of its provisions shall apply to and bind the successors and
assigns of the parties hereto. No assignment or transfer of this Agreement or any part hereof,
rights hereunder or interest herein by the Grantees shall be valid unless and until it is approved
by the State and made subject to such reasonable terms and conditions as the State may
impose.
A-8. Audit Requirement
Pursuant to Government Code Section 8546.7, the contracting parties shall be subject to
the examination and audit of the State and the State Auditor General for a period of three years
after final payment under this Agreement with respect to all matters connected with the
performance of this Agreement, including but not limited to the cost of administering this
Agreement. All records of the Grantees shall be preserved for this purpose for at least three
years after completion of the project.
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Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit A
A-g. Inspections
(a) The State shall have the right to inspect the work being performed at any and all
reasonable times during the term of the Agreement. This right shall extend to any
subcontracts, and Grantees shall include provisions ensuring such access in all their
contracts or subcontracts entered into pursuant to this Agreement with the State.
(b) The State shall have the right to inspect the project site at any and all reasonable
times after completion of the project to ensure compliance with paragraphs 1 and 6
of this Agreement.
(c) During regular office hours, each of the parties shall have the right to inspect and to
make copies of any books, records, or reports of the other party relating to this
Agreement. Each of the parties shall maintain and shall make available at all times
for such inspection accurate records of all of their costs, disbursements and receipts
with respect to their activities under this Agreement.
A-10. Performance Evaluation
Grantee's performance under this Agreement will be evaluated after completion.
A-11. Contracting Officer of the State
The contracting officer of the State shall be the Chief of the Division of Planning and
Local Assistance of the Department of Water Resources of the State of California and that
person's successors or duly authorized representatives. The contracting officer shall be
responsible for all discretionary acts, opinions, judgments, approvals, reviews and
determinations required by the State under the terms of this Agreement.
A-12. Remedies Not Exclusive
The use by either party of any remedy specified herein for the enforcement of this
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.
A-13. Amendments
This Agreement may be amended in writing by mutual agreement of the parties. Any
request by the Grantees for amendments must be in writing, stating the amendment request
and the reason for the request. The Grantees shall make requests in a timely manner and in no
event less than 60 days before the effective date of the amendment.
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Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit A
A-14. Waiver of Rights
It is the intention of the parties hereto that from time to time either party may waive any
of their rights under this Agreement unless contrary to law. Any waiver by either party hereto of
rights arising in connection with this Agreement shall not be deemed to be a waiver with respect
to any other rights or matters.
A-15. Notices
All notices that are required either expressly or by implication to be given by one party to
the other under this Agreement shall be signed for the State by its contracting officer and for the
Grantees by such officers as from time to time they may authorize in writing to so act. All such
notices shall be deemed to have been given if delivered personally or if enclosed in a properly
addressed, postage-prepaid envelope and deposited in a United States Post Office for delivery
by registered or certified mail.
A-16. Ownership and Use of Photographs, Audio and/or Video Recordings and other
Publications
Grantees shall provide the Department with reasonable access to all original
photographic materials, audio and video recordings of work funded by this grant, and authorize
the Department to use any part or all of the photographic materials, master audio and master
video recordings for the Department's purposes.
Grantees shall make available to the Department for it's review and comment a copy of
any completed publication, brochure, video or audio tape produced in whole or in part with funds
from this grant prior to releasing it to parties other than the Grantees and Grantees'
subcontractors. No release of such materials shall be made without the joint approval of the
Department and the Grantees. Approval shall not be unreasonably withheld.
A-17. Drug Free Workplace Certification
By signing this Agreement, Grantees hereby certify under penalty of perjury under the laws
of the State of California that Grantees will comply with the requirements of the Drug-Free
Workplace Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug-free
workplace by taking the following actions:
1. Publish a statement notifying employees and volunteers that unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is prohibited
and specifying action to be taken against employees and volunteers for violations.
2. Establish Drug-Free Awareness Program to inform employees and volunteers about
all of the following:
(a) The dangers of drug abuse in the workplace.
(b) The person's or organization's policy of maintaining a drug-free workplace,
(c) Any available counseling, rehabilitation and assistance programs, and
(d) Penalties that may be imposed upon for drug abuse violations.
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Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit A
3. Every employee and volunteer who work on the proposed Agreement or grant:
(a) Will receive a copy of the company's drug-free policy statement, and
(b) Will agree to abide by terms of the company's statement as a condition
of employment on or participation in the Agreement or grant.
This Agreement or grant may be subject to suspension of payments or termination,
or both, and the Grantees may be subject to debarment if the department determines
that: (1) the Grantees have made a false certification, or (2) the Grantees have violated
the certification by failing to carry our the requirements noted above.
A-18. Americans with Disabilities Act
By signing this Agreement, Grantees assure the State that they comply 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.
A-19. Conflict of Interest
Current State Employees:
(a) 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.
(b) No State officer or employee shall contract on his or her own behalf as an
independent contractor with any State agency to provide goods or services.
Former State Employees:
(a) For a two-year period from the date he or she left State employment, no former
State officer or employee may enter into a contract in which he or she engaged in
any of the negotiations, transactions, planning, arrangements or any part of the
decision-making process relevant to the contract while employed in any capacity
by any State agency.
(b) For a twelve-month period from the date he or she left State employment, no
former State officer or employee may enter into a contract with any State agency
if he or she was employed by that State agency in a policy-making position in the
same general subject area as the proposed contract within the twelve-month
period prior to his or her leaving State service.
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Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit A
A-20. Child Support Compliance Act
For any Agreement in excess of $1 00,000, the Grantees acknowledge in accordance
therewith, that:
(a) The Grantees recognize the importance of child and family support obligations and
shall fully comply with all applicable State and federal laws relating to child and
family support enforcement, including, but not limited to, disclosure of information
and compliance with earnings assignment orders, as provided in Chapter 8
(commencing with Section 5200) of Part 5 of Division 9 of the Family Code; and;
(b) The Grantees, to the best of their knowledge, are fully complying with the earnings
assignment orders of all employees and are providing the names of all new
employees to the New Hire Registry maintained by the California Employment
Development Department.
A-21. Recycled Materials
Grantees hereby certify under penalty of perjury that 0 (enter value or "0")
percent of the materials, goods and supplies offered or products used in the performance of this
Agreement meet or exceed the minimum percentage of recycled material as defined in Sections
12161 and 12200 of the Public Contract Code.
A-22. Severability
If any provision of this Agreement is held invalid or unenforceable by any court of final
jurisdiction, it is the intent of the parties that all other provisions of this Agreement be construed
to remain fully valid, enforceable, and binding on the parties.
A-23. Governing Law
This Agreement is governed by and shall be interpreted in accordance with the laws of
the State of California.
A-24. Software Copyright
Where software usage is an essential element of performance under the Agreement,
Grantees certify that they have appropriate systems and controls in place to ensure that state
funds will not be used in the performance of this Agreement for acquisition, operation or
maintenance of computer software in violation of copyright laws.
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Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit A
A-25. Air or Water Pollution Violation
Under the State laws, Grantees shall not be: (1) in violation of any order or resolution
not subject to review promulgated by the State Air Resources Board or an air pollution control
district; (2) subject to cease and desist order not subject to review issued pursuant to Section
13301 of the Water Code for violation of waste discharge requirements or discharge
prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air
or water pollution.
A-26. Union Organizing
Recipients, by signing this Grant, hereby acknowledge the applicability of Government
Code 16645 through 16649 to this Agreement. Furthermore, Recipients, by signing this
Agreement, hereby certify that:
(1) No state funds disbursed by this grant will be used to assist, promote or deter union
organizing.
(2) Recipients shall account for state funds disbursed for a specific expenditure by this
grant, to show those funds were allocated to that expenditure.
(3) Recipients shall, where state funds are not designated as described in (2) above,
allocate, on a pro-rata basis, all disbursements that support the grant program.
(4) If Recipients make expenditures to assist, promote or deter union organizing,
Recipient will maintain records sufficient to show that no state funds were used for
those expenditures, and that Recipients shall provide those records to the Attorney
General upon request.
A-27. Budget Contingency Clause
It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the program, this
Agreement shall be of no further force and effect. In this event, the State shall have no liability
to pay any funds whatsoever to Grantees or to furnish any other considerations under this
Agreement and Grantees shall not be obligated to perform any provisions of this Agreement.
If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, the State shall have the option to either: cancel this Agreement with no liability
occurring to the State, or offer an Agreement Amendment to Grantees to reflect the reduced
amount.
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Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit A
A-28. Travel and Per Diem Expenses
I. SHORT-TERM PER DIEM EXPENSES
A. In computing reimbursement for continuous short-term travel of more than
24 hours and less than 31 consecutive days, the employee will be reimbursed for
actual costs up to the maximum allowed for each meal, incidental, and lodging
expense for each complete 24 hours of travel, beginning with the traveler's times
of departure and return, as follows:
1. On the first day of travel on a trip of 24 hours or more:
Tri
Tri
Tri
ins at or before 6 a.m.
ins at or before 11 a.m.
ins at or before 5 .m.
Breakfast ma be claimed on the first da
Lunch ma be claimed on the first da .
Dinner ma be claimed on the first da .
2. On the fractional day of travel at the end of a trip of more than 24 hours:
Tri ends at or after 8 a.m.
Tri ends at or after 2 .m.
Tri ends at or after 7 .m.
Breakfast ma be claimed.
Lunch ma be claimed.
Dinner ma be claimed.
If the fractional day includes an overnight stay, receipted lodging may also be
claimed. No meal or lodging expense may be claimed or reimbursed more than
once on any given date or during any 24-hour period.
3. Reimbursement shall be for actual expenses, subject to the following
maximum rates:
Meals:
Breakfast $ 6.00
Lunch $10.00 Receipts are not required for regular
Dinner $18.00 short-term travel meals
Incidentals $ 6.00
Lodging:
I Statewide
I Actual up to $84.00 plus tax
When required to conduct State business and obtain lodging in the counties of
Los Angeles and San Diego, reimbursement will be for actual receipted lodging to a
maximum of $11 0 plus tax.
When required to conduct State business and obtain lodging in the counties of
Alameda, San Francisco, San Mateo, and Santa Clara, reimbursement will be for actual
receipted lodging to a maximum of $140 plus tax.
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Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit A
If lodging receipts are not submitted, reimbursement will be for meals onlv
at the rates and time frames set forth in 8#1 below.
B. In computing reimbursement for continuous travel of less than 24 hours, actual
expenses, up to the maximums in #3 above, will be reimbursed for breakfast
and/or dinner and/or lodging in accordance with the following time frames:
1. Travel begins at or before 6 a.m. and ends at or after 9 a.m.: Breakfast
may be claimed. Travel begins at or before 4 p.m. and ends at or after 7
p.m.: Dinner may be claimed. If the trip of less than 24 hours includes an
overnight stay, receipted lodging may be claimed. No lunch or incidentals
may be reimbursed on travel of less than 24 hours.
2. Employees on short-term travel who stay in commercial lodging
establishments or commercial campgrounds will be reimbursed for
actual lodging expenses substantiated by a receipt. Employees who stay
with friends or relatives, or who do not produce a lodging receipt, will be
eligible to claim meals onlv.
II. LONG-TERM TRAVEL AND PER DIEM EXPENSES
A. Employee maintains a separate residence in the headquarters area:
1. Long-term travelers who maintain a permanent residence at their primary
headquarters may claim daily long-term lodging up to $24.00 with a
receipt, and long-term meals of $24.00 for each period of travel from 12 to
24 hours at the long-term location. For travel of less than 12 hours, the
traveler may claim l'lither $24.00 in receipted lodging or $24.00 in long-
term meals.
B. Employee does not maintain a separate residence in headquarters area:
1. Long-term travelers who do not maintain a permanent residence at their
headquarters may claim daily receipted lodging up to $12.00, and long-
term meals of $12.00 for each period of travel from 12 to 24 hours at the
long-term locations. For travel of less than 12 hours, the travelers may
claim either $12.00 in receipted lodging or $12.00 in long-term meals.
III. MILEAGE REIMBURSEMENT
Reimbursement for personal vehicle mileage is 34 cents per mile.
Reimbursement for personal vehicle mileage using a specialized vehicle that has been
modified to accommodate disabilities is 37 cents per mile.
9
.'
Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit A
IV. VEHICLE RENTAL
Reimbursement for vehicle rental shall be for actual and necessary costs of such
rental and airplane usage shall be allowed at the lowest fare available. Claims for
reimbursements shall be allowed upon submittal of the appropriate receipt. Refer to
California Code of Regulations, Title 2, Sections 599.627 and 599.628.
10
Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit B
Lower SantiaClo Creek Restoration Proiect,- Phase II ,
Work Plan and Timeline .,
The Orange County Conservation Corps will be contacted to carry out much of this work, however, all aspects
of the project will include volunteers and city staff.
Publicity and recruitment for this project has been ongoing. Monthly meetings are held with interested
community representatives and organization including our co-sponsor, the Santiago Creek Greenway Alliance.
This project has been included in the Santiago Park Master Planning Efforts since 1996. The community
continues to share a leadership role in the planning and implementation of this project.
Task 1 Permitting:
Permits have been secured and include a streambed alteration permit from Fish and Game Department and
inclusion in the Army Corps of Engineers Regional Permit.
Task 2 Stream Clearance:
Debris clearance will begin in July of 2005 and will be ongoing. A major goal of the debris removal is to create
an improved viewscape. Improved visual character inspires volunteers and helps to promote the project to the
outside community.
Task 3 Control of Exotic Pest Plants:
Removal of exotic pest plants will begin in July of 2005. The Orange County Conservation Corps and
community volunteers will carry this out. Pest plants in the project area include (but are not limited to) Arundo
donax, Pennisetum spp., Ricinus sp., and others.
As exotics and debris are removed, erosion blankets (geotextile coir fabrics) are laid down to protect the
integrity of the cleared slopes.
Task 4 Stream Bank Stabilization:
Native plant material will be installed and maintained by a cooperative effort of volunteers and city staff. Native
plants will include container stock, cuttings, wattles, and seed. A plant pallet is included in the original grant
application.
Task 5 Monitoring:
The Santiago Creek "Stream Team," a volunteer group, will monitor the health and well being of the restoration
sites, including growth of plants, integrity of restored slopes after heavy stream flows and rain events, and
increase in use of the area by native wildlife.
Task 6 Education/Outreach and Promotion:
Several training workshops will be held for the general public throughout the year. A two-week training
program will be conducted for the Orange County Conservation Corps crew members working on the project.
This program will include plant identification skills, restoration techniques and practices, and hydrology. Visits
to other restoration and habitat sites will be included in the training.
Interpretive signs will be installed throughout the project area to educate the public about the project and its
components. Presentations will be made to scientific and professional groups to inform them on the project
and its results as well as to receive feedback for future improvements.
Page 1 of 3
Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit 8
Lower SantiaQo Creek Restoration Proiect - Phase II
Timellne
1) Permitting
Complete
2) Stream Clearance
July 2005 - Begin debris removal
September 2005 - Complete debris removal
3) Control of Exotic Pest Plants
July 2005 - Begin exotic species removal
Hand and mechanical removal on upper banks of creek (above estimated high flow line)
January 2006 - Complete exotics removal
4) Stream Bank Stabilization
July 2005 - Install erosion blankets and begin planting natives
November 2006 - Complete planting
5) Monitoring
July 2005 - Continue ongoing Stream Team program with monitoring effort
July 2007 - Funding for monitoring runs out
6) Education/Outreach and Promotion
July 2005 - Volunteer recruitment and promotion begins
Design and print flyers
Conduct OCCC training and public workshops
November 2005 - Install interpretive signs
March/April 2006 - Present project results to scientific and professional organizations
Page 2 of 3
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15
Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit C
Lower Santiago Creek,Restoration Project
. (Phase II)
Maintenance and Monitoring Plan
Eight criteria will be used to evaluate the success of the Lower Santiago Creek Restoration Project. Three
criteria are short-term, or process-oriented, and five are long-term, product-oriented. The project site will be
reviewed monthly for 36 months. The Santiago Stream Team (Volunteers) are already monitoring creek
conditions. Following are the criteria that will be used to identify project conditions and site needs.
Process Oriented Evaluation Criteria
1. Community Involvement - Was the project successful in including a diverse mixture of the community in all
phases of the project from design through implementation?
2. Success of Implementation - Was the project completed as planned? Did the co-sponsors and participants
meet their obligations to project and process?
3. Visual Improvements - Was there a noticeable change in the visual character and aesthetics of the creek
within the project area? Would this encourage other neighborhoods to participate in future projects?
Product Oriented Evaluation Criteria
1. Growth of Plants within Project Area - Were pest plants significantly reduced and did native plants, installed
as part of the project, show signs of significant growth?
. Percent coverage of native plants
. Percent coverage of exotic species
. Estimated growth of planted species
2. Success of Stabilization Efforts - Is there evidence of continued slumping or erosion following the projects
completion?
. Slope stability and signs of slippage
. Soil moisture content
3. Increase in Wildlife - Has the project increased habitat and wildlife populations? Are visitors to the park
and project site seeing more than they did before the project?
. Associated bird and other wildlife usage
4. Commitment from the Community - Has the community maintained a strong commitment to the project and
site? Has a sense of community ownership in the watershed and park been established?
. Evidence of human impact and usage
5. Performance of the Project Site during high creek flows - Has the project maintained its integrity during
high flows and heavy winter storm conditions?
. Documentation of natural occurrences which affect the streambed and/or slope
. Establishment of standard operating procedures in response to natural occurrences
Based on the above criteria, appropriate maintenance practices will be employed. These may include:
. Hand weeding
. Herbicide applications
. Installation of additional plant material
. Replacement of erosion blankets
. Additional irrigation
Other practices as deemed necessary
All evaluations will be supported with photo-documentation, qualitative, and, when possible, quantitative data.
Page 1 of 1
Agreement No. P13-052
SAP No. 4600002935
Exhibit D
APPRAISAL PROVISIONS
1. Grantees shall provide DWR two copies of all appraisal reports.
2. The property owner or a designated representative will be offered the opportunity
to accompany the appraiser during property inspection. . The appraisal shall
include a statement that the owner or representative was given this opportunity,
and that they accepted or declined. If the offer was accepted, the date of the
inspection shall be stated in the report.
3. The report shall discuss all encumbrances of record.
4. The report shall be a complete or summary appraisal, in a self-contained appraisal
report format to conform to the Uniform Standards of Professional Appraisal
Practice (U8PAP) currently adopted by the Appraisal Standards Board of the
Appraisal Foundation, standard and ethics of the Appraisal Institute, and the
requirements of Cal. Evidence Code S822. The appraiser shall correct any
omissions or errors on his/her part at no extra cost.
5. There shall be a letter of transmittal summarizing the important assumptions and
conclusions, value estimate, date of value and date of report.
6. The report shall include:
a. a list of assumptions and limiting conditions;
b. a description of the scope of work, including the extent of data collection and
limitations;
c. a statement of the definition of market value as defined in 12 CFR Part 34.42,
and Federal Register 55, 165 pg. 34696;
d. photographs, plat maps and a legal description of the subject property;
e. ownership and sales history of the subject property during the past three
years;
f. a regional (up to and including County, if necessary), area, and immediate
vicinity (neighborhood) analysis;
g. a description of improvements on the subject property, including physical age
and condition;
h. a history of the leasing and operating cost history of the subject property;
Agreement No. P13-052
SAP No. 4600002935
Exhibit D
.
i. an opinion on the highest and best use of the subject property, and reasoning
in support of the opinion in the depth and detail required by its significance to
the appraisal. If alternative feasible uses exist, the report should include an
explanation of the market, development, cash flow and risk factors leading to
an ultimate highest and best use;
j. all approaches to market value applicable to the subject market, including an
explanation and support for not using any usual approach to value;
k. maps showing comparable properties in relation to the subject property. The
report shall include photographs and plat maps of comparable properties.
The report shall discuss the comparable properties and make direct
comparisons to the subject property;
I. comparable sales data sheets, that include: grantor/grantee, sale/recordation
dates, financing, conditions of sale, location information, land/site
characteristics, improvements, other relevant information and confirming
source; and
m. a discussion of severance damages or lack thereof.
7. The report shall describe market conditions and trends, including identification of
the relevant market, a discussion of supply and demand within the market area
and a discussion of the relevant market factors impacting demand.
8. The report shall describe the characteristics of the subject property (size,
topography, zoning and land use, utilities, offsite improvements, access,
easements and restrictions, flood and earthquake information, toxic hazards, taxes
and assessments, and other relevant information).
9. In the course of the appraiser's investigation of the property and review of related
documents, the appraiser shall consider the results of a site assessment report.
10. The report shall discuss the effect of the exceptions to title on fair market value.
11. The report shall discuss and conclude whether there has been an implied
dedication of the property to the public due to the public's use of the property
without challenge by the owner.
12. The report shall include a reconciliation and final value estimate, with an
explanation and support for all conclusions. The report shall include any
departures taken in the development of the appraisal.
13. The report shall be prepared and include a signed certification by a California
licensed appraiser.
2
State of California
Department of W~ter Resources
Urban Sfreams Restoration Program
Land Acquisition Cost Schedule
Agreement No. P13-052
SAP Contract No. 4600002935
Exhibit E
[IStream Name:
II
Y I N
ACQUISITION BUDGET
I. land Value DWR Share Other Share Other Share Descriotion Total Cost
Fair market Value
Imorovements
Other
Subtotal
II. Associated Costs
Preliminary Title Report
Aooraisal ~~
Site Assessment
Neaotiations
Surveyina
Escrow
Other
Other
Subtotal
III. Other Costs
Administration
Contlnaency
Subtotal
Grand Total
ACQUISITION SCHEDULE
Descri tion
Submit preliminary tille report and vesting
documents for State review.
Submit appraisal and site assessment
re ort for State a roval.
Submit instruments of conveyance, escrow
instructions, and purchase agreements for
State a roval
Date
Comments
Close of escrow and complete acquisition
12/18/2001