Sacramento City Council
May 31, 2022

C
ity Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01059 May 31, 2022
T
itle: Department of Water Resources: Flood Maintenance Assistance Program Agreement (FMAP) Fiscal Year 2022/23
Locat
ion: Citywide
R
ecommendation: Adopt a Resolution authorizing the City Manager or City Manager’s designee to: 1) sign the Funding Agreement 2023-FMAP-NA5-01 with the State of California, Natural Resources Agency Department of Water Resources (DWR) for the Flood Maintenance Assistance Program (FMAP); 2) update and sign the Operation, Maintenance, Repair, Replacement and Rehabilitation (OMRR&R) Assurance Agreement; 3) establish the Fiscal Year (FY) 2022/23 DOU Operating Grant Program (G14230100); 4) establish the revenue and expenditure budgets in the FY2022/23 DOU Operating Grants Program (G14230100) in an amount not-to-exceed $623,457, or the amount awarded; and 5) execute all documents related to the grant.

Contact: William O. Busath, Director (916) 808-1434, [email protected], Chuong (Ryan) Pham, Business Services Manager (916) 808-8995, [email protected], Dean Fujimoto, Program Manager, (916) 808-6645, [email protected], Tyler Stratton, Program Specialist, (916) 808-1284, [email protected], Department of Utilities
P
resenter: None
A
ttachments:
1-Description/Analysis
2-Resolution
3-FMAP Proposal Package
4-OMRR&R Form

Description/Analysis

Issue Detail: The Department of Utilities (DOU) is seeking approval for the funding agreement between the City and DWR. The DWR Flood Maintenance Assistance Program (FMAP) is an annual program that provides State funds for eligible maintenance activities to Local Maintaining Agencies (LMAs) to help maintain an acceptable condition of the State Plan of Flood Control facilities (levees, channel, and structures).

As an LMA, the City of Sacramento (City), DOU Drainage Collection Section and City Engineers partner with the following agencies and professionals for flood protection efforts in the region: U.S. Army of Engineers, DWR, Sacramento Area Flood Control Agency, and Central Valley Flood Protection Board, consultants and external engineers. The ultimate goal of the City and these agencies is to provide a 100-year flood protection to Sacramento.

As an LMA, the City’s DOU Drainage Collection Section is responsible for the maintenance and inspection of 3.66 miles of the Sacramento River Levee System and 19 miles of South Sacramento Streams Group (Morrison Creek) through the use of visual inspections from focal points accessible with current equipment such as vehicles, small boats and even foot access when flows are at a minimum.

The majority of this funding will be used to fund operation and maintenance activities such as erosion repair, bank protection (Corps of Engineers Riprap), vegetation management, rodent abatement, encampment removal, survey inspection platform using an unmanned aerial vehicle, and closed-circuit television inspection. The remaining funds will be used for rehabilitation and assessment of relief wells on the Sacramento River for a total not-to-exceed amount of $623,457.

Policy Considerations: Council Resolution 2021-0198 requires Council approval to apply for operating grants of more than $249,999.

Economic Impacts: None.

Environmental Considerations:

California Environmental Quality Act (CEQA): It has been determined that the proposed activity is not a project pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15378(b). The fiscal management of the DOU’s Capital Improvement Project is an ongoing administrative fiscal activity and is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3).

Sustainability: The project is consistent with the City's Sustainability Master Plan goal by enabling DOU to continue to improve flood protection. The proposed project also conforms to the Sacramento County Local Hazard Mitigation Plan (LHMP) goals.

These projects help to minimize the City’s vulnerability to the impact of natural hazards, improve public awareness, improve the flood control capabilities of the community, and assure conformance to Federal and State Hazard Mitigation Initiatives.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: The City is susceptible to various types of flood events: riverine, flash, and localized stormwater flooding; and levee and dam failure flooding. Flooding is the most significant natural hazard that the City faces. This funding will help the City comply with U.S. Army Corps of Engineer levee maintenance requirements.

Financial Considerations: Approval of the funding agreement with DWR and the OMRR&R form could allow the City to receive an amount not-to-exceed $623,457 from the grant funds.

Staff recommends opening a new project, FY23 DOU Operating Grant Program (G14230100), and if awarded, establishing the revenue and expenditure budgets in Storm Drainage Reimbursable Fund (Fund 6211).

There are no matching fund requirements for this grant. There are no General Funds allocated or planned for this project.

Local Business Enterprise (LBE): Not applicable.

RESOLUTION NO. 2022-

Adopted by the Sacramento City Council

May 31, 2022

Funding Agreement between the State of California Natural Resources Agency Department of Water Resources and the City of Sacramento for the Operations and Maintenance Activities, A Part of the Flood Maintenance Assistance Program, funds are authorized and appropriated by the California Budget Act of 2022

PROGRAM BACKGROUND
A. The Flood Maintenance Assistance Program (FMAP) is a program that provides state funds for eligible maintenance activities with Local Maintaining Agencies (LMA’s) to help obtain acceptable maintenance of the State Plan of Flood Control facilities consisting of levees, channels, and structures.

B. The 2017 Central Valley Flood Protection Plan update recognized that the operation and maintenance of the State Plan of Flood Control facilities has been chronically underfunded.

In response to this need, the Budget Act of 2018, the state appropriated funding to the Department of Water Resources (DWR), for Operations, Maintenance, Repair, Rehabilitation, and Replacement (OMRR&R) costs. It is DWR’s intent to work in collaboration with the Central Valley Protection Board to allocate a portion of these funds to LMAs. Each year a certain sum will be appropriated to DWR for this program.

C. As an LMA, the City of Sacramento (City), is responsible for the maintenance and inspection of 3.66 miles of the Sacramento River Levee System and 19 miles of the South Sacramento Streams Group.

D. Approval to sign the grant agreement with DWR will provide further support to address flooding issues and allows the City to receive up to an amount-not-exceed $623,457.

E. The creation of the FY23 DOU Operating Grant Program (G14230100) is necessary to support grants awarded in FY23.

F. If awarded, establish the revenue and expenditure budgets in the FY23 DOU Operating Grant Program (G14230100) in an amount not-to-exceed $623,457, or the awarded amount.

BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL

RESOLVES AS FOLLOWS
Section 1. The City Manager or the City Manager’s designee is authorized to:

A. Sign the Grant Agreement No. 2023-FMAP-NA5-01 between the City and DWR;

RESOLUTION NO. 2022-

B. Update and sign the OMRR&R Assurance Agreement;

C. Establish the FY23 DOU Operating Grant Program (G14230100);

D. If awarded, establish the revenue and expenditure budgets in the FY23 DOU Operating Grant Program (G14230100), Storm Drainage Reimbursable Fund (Fund 6211) in an amount not-to-exceed $623,457 or the amount awarded; and

E. If awarded, prepare the necessary data and execute all reporting, payment requests, and documentation of compliance applicable to the grant.

FLOOD MAINTENANCE ASSISTANCE PROGRAM
Funded by

FLOOD MAINTENANCE OFFICE

GENERAL FUND

PROPOSAL SOLICITATION PACKAGE

STATE OF CALIFORNIA

THE DEPARTMENT OF WATER RESOURCES
FISCAL YEAR 20-22 23
Ver. 05-2022

FLOOD MAINTENANCE ASSISTANCE PROGRAM

PROPOSAL SOLICITATION PACKAGE
The California Department of Water Resources invites you to submit a proposal for funding assistance with flood maintenance activities that you have provided assurance to Central Valley Flood Protection Board to perform.

PROPOSAL DUE DATES
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PROPOSAL SUBMITTAL
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(916)574-2745
[email protected]
PROPOSAL 6,*1$785(6
7KHXQVLJQHG3')SDFNDJHZLOOEHUHYLHZHGE\':5XSORDGHGWR'RFX6LJQDQG GLVWULEXWHGIRUGLJLWDOVLJQDWXUHVXVLQJWKHHPDLODGGUHVVHVVXSSOLHGEHORZ [email protected]
[email protected]
[email protected]
William O. Busath
Michael Voss, Senior Deputy City Attorney
Wendy Klock-Johnson, Assistant City Cerk
Ver. 05-2022
June 15, 2022

1. INTRODUCTION
The Flood Maintenance Assistance Program (FMAP) is a program WKDWprovidHV state funds for eligible maintenance activities with Local Maintaining Agencies (LMAs) including Maintenance Areas (MAs) to help obtain acceptable maintenance of the State Plan of Flood Control facilities (levees, channels, and structures). The purpose of FMAP is ensure State Plan of Flood Control (SPFC) facilities are properly maintained with sufficient resources (including funding) to meet Code of Federal Regulations, Title 33, section 208.10 (33 CFR 208.10), and applicable Operation and Maintenance (O&M) manual requirements.

The FMAP will partner with LMAs to work towards sustainable O&M by:
x Providing State funds to LMAs to reduce the accumulation of deferred maintenance.
x Providing technical assistance to enable the LMAs to effectively perform the maintenance activities in an efficient manner.
x Securing new Operation, Maintenance, Repair, Rehabilitation, and Replacement (OMRR&R) assurance agreements between LMAs and CVFPB.
x Promoting consolidation or regional governance of LMAs, so SPFC facilities can be more efficiently and effectively maintained.
x Sustaining and improving eligibility for USACE PL 84-99 Program and ultimately compliance with USACE O&M manual requirements.

Selection for participation and funding under FMAP will be determined by information requested in the questionnaire that will confirm and verify the LMAs willingness to pursue and obtain a PL 84-99 eligibility and having sufficient funding to perform OMRR&R activities annually.

2. REQUIREMENTS AND LIMITATIONS
All LMAs are required to meet all the following criteria to receive FMAP funding:
x Levee must be within State Plan of Flood Control (SP FC). x Applicant must have current compliance with PL 84-99, existing USACE Letters of Intent/System Wide Improvement Framework plans (LOI/SWIF) or commit to compliance by submitting a LOI and SWIF plan through FMAP. x LMAs must provide a copy of an existing SWIF or LOI w ith the USACE. x In areas where USACE System includes multiple LMAs, coordinate and collaborate among the LMAs to ensure the submittals meet the requirement for the USACE LOI/SWIF for the project area. Regional Fl ood Management Assistance Program (RFMAP) funding can be used for coordination activities. x LMA must execute a new assurance agreement (OMRR&R) with CVFPB for the entire jurisdiction of the LMA.
x LMA must meet all &DOLIRUQLD'HSDUWPHQWRI:DWHU5HVRXUFHV DWR
flood
reporting requirements, such as Assembly Bill(AB) 156 (Stats. 2007, ch. 368).

Ver. 05-2022
x LMA must work with the region to find solutions for more effective and efficient delivery of the required O&M for SPFC facilities.
x LMA levee is not or is not anticipated to receive Early Implementation Program/Urban Flood Risk Reduction Program (EIP/UFRR) and/or USACE project repair or improvement funding.
x If LMA is entitled to receive Delta Subventions funding, no O&M funding will be provided. LOI/SWIF funding will be limited to what is needed beyond the planning funds provided by the Delta Subventions program.

3. FUNDING
Available funding for eligible participants will be made available in Fiscal Year  for the following activities:

1. DWR will fund $20,000 per LMA for preparation of a USACE LOI/SWIF, if the LMA is willing to commit to complete the process. If the LMA already has a LOI & SWIF in place, which means they are currently eligible for PL 84-99, funding under this item can be allocated for additional identified OMRR&R activities.

2. DWR will fund $20,000 per LMA for preparation of technical/engineering reports needed to secure sufficient funding to manage their SPFC system to meet the requirements in Code of Federal Regulations, Title 33, Section 208.10, O&M Manual, and new OMRR&R agreement, if they are willing to commit to complete the process. If the LMA is already well funded and does not have an Unacceptable Rating from State Annual Maintenance Inspection or a recently passed a Proposition 218 Election, LMA may use the funding for additional identified O&M activities.

3. DWR will provide matching funds, up to an identif ied amount needed for O&M activities, for dollars spent during last fiscal year for O&M activities based on the formula below. Only LMAs participating in items #1 and #2 above are eligible to receive the additional funding.
x 75% matching funds for the first $10,000 per mile expenditure. x 50% matching funds for expenditures in excess of $10,000 per mile. x All funding will depend on the program demand and fund availability.

Funds will be advanced for the LOI/SWIF and Engineering Report (items 1 & 2 above). Funds may be advanced on a quarterly basis for the O&M activities upon approval and verification.

Costs eligible for funding through this program O&M activities include the following:
x Gravel for access roads and levee crown
x Rock slope protection (RSP) for minor embankment repairs x Minor seepage control repairs

22 23
Ver. 05-2022
x Minor stability repairs
x Vegetation management
x Rodent abatement
x Flood control structure/facilities upgrades
x Gates/fencing maintenance
Costs not eligible for funding through this program include the following:
x Administrative personnel
x Purchase and maintenance of general use vehicles
x New facilities
x Utility cost reimbursement
x Administrative overhead charges
x Travel or commute costs
x Non-SPFC O&M activities

4. SELECTION CRITERIA
All LMAs are potentially eligible to receive FMAP funding if they are willing to take the necessary actions to be eligible for PL 84-99 and secure sufficient funding to perform the required OMRR&R activities annually. The program is designed to support the LMAs to be successful in carrying out their respons ibilities under OMRR&R. The level of funding and what the funding can be used will depend on the submittal listed below.

5. TIMELINE
Considering the level of information requested, the request for funding ZLOOEH UHYLHZHGLI WKH363LVreceived by a given date. Submittals received by th e established date will be reviewed and considered LQ the order received. If the funding is exhausted requests UHFHLYHGDIWHUWKDWSRLQWwill be GHQLHG.

The following dateLV the established cutoff for the )< funding cycle

x 
Page  of 4
22 23
Ver. 05-2022
June 15, 2022

6. SUBMITTAL
Attachment A to this PSP is a questionnaire and supplemental information package.

The following requested information must be provided or if not applicable, the applicant must clearly state the reason why the information was not provided. Applications not containing all required information or acceptable reasons for omission will not be further reviewed or considered for funding in the current ro und, but they will have the opportunity to provide the complete information in the next round. ,QDGGLWLRQWRWKH LQIRUPDWLRQOLVWHGEHORZDSSOLFDQWPD\DOVRLQFOXGHVXSSOHPHQWDOPDWHULDOVWKDWWKH\ EHOLHYHZRXOGDVVLVWLQPDNLQJWKHIXQGLQJGHFLVLRQ
x Completed Questionnaire & Supplemental information
x A list and map of SPFC facilities LMA is responsible for x Correspondence indicating current USACE PL 84-99 eligi bility, if applicable x Submitted LOI, if applicable
x USACE approved LOI, if applicable
x Submitted SWIF, if applicable
x USACE approved SWIF, if applicable
x List of LMAs, beside the applicant, in the USACE Syst em, if applicable x AB156 compliance report
x O&M activities along with actual cost for WKHODVW\HDUV x List of prioritize OMRR&R activities that requires Sta te assistance x List of recent (last 10 years) Delta Subventions, EIP/ UFRR, USACE, or other major improvement projects on SPFC facilities; provi de brief scope of work $WWDFKPHQW%WRWKLV363LVD/RFDO0DLQWDLQLQJ$JHQF\$XWKRUL]LQJ5HVROXWLRQ7KLV GRFXPHQWPXVWEHGLJLWDOO\VLJQHGYLD'RFX6LJQGXULQJWKHERDUGPHHWLQJLQZKLFK WKH5HVROXWLRQLVYRWHGRQ7KH5HVROXWLRQZLOODXWKRUL]HWKH/0$WRVXEPLWD 3URSRVDOIRUIXQGLQJIURPWKH'HSDUWPHQWRI:DWHU5HVRXUFHVDQG'HVLJQDWHD 5HSUHVHQWDWLYHWR([HFXWHWKH$JUHHPHQWDQGDQ\$PHQGPHQWVWKHUHWRIRUWKH )0$3)<F\FOH
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22 23
Ver. 05-2022

ATTACHMENT A

FLOOD MAINTENANCE ASSISTANCE PROGRAM (FMAP)
 Does LMA have State Plan of Flood Control (SPFC) facilities? <1
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 Does LMA have current PL 84-99 eligibility?
<1
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supporting documentation.
 Does LMA have an approved LOI or SWIF with USACE?
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please provide a copy of the approval.
 If No, has LMA submitted a LOI or SWIF currently pending with USACE?

<1
BBBBBBBIf Yes, please provide a copy of the documents.  If No on questions 3 & 4, is LMA willing to commit to pursuing and obtaining a USACE SWIF, which includes submittal of LOI & SWIF? 
<1
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 Is there more than one LMA in your leveed area (USACE system)? <1
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If Yes, is LMA cooperating or willing to cooperate with the other LMAs to pursue and obtain an approved USACE LOI and SWIF within a USACE System?

<1
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 Is LMA willing to execute a new assurance agreement (OMRR&R) with CVFPBfor the entire leveed area (USACE system)?
<1
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This questionnaire and submittal would provide us the needed information to evaluate the appropriate level of participation in FMAP. FMAP has several requirements that must be met to receive eligible funding as described in the Proposal Solicitation Package (PSP). Please answer the following questions and provide the requested information.

LMA _____BBBBBBBBBBBBBBBBBBBBBBBBBBBB______________________________ Authorized /0$5HSUHVHQWDWLYHBBBBBBBBBBBBBBBB__________________________ 

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Address _________________BBBBBBBBBBBBBBBBBBBBBBBBBB__________________ Phone Number _____________BBBBBBBBBBBBBBBBBBBB______________________ 'LVWULFW(QJLQHHUBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB BBBBBBBBBBBBBBBBBBBB Legal Counsel __________________ BBBBBBBBBBBBBBBBBBBBB_________________ Legislative DistrictBBBBBBBBBBBBBBBBBB___________________________________

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Other Contact Information ___________________ BBBBBBBBBBBB________________ Page A-1
1395 35th Avenue, Sacramento, CA 95822
6th congressional district
Michael Gonsalves, Levee Maintenance Supervisor
YES
YES
Attach File

YES
YES
YES
Attach File
YES

City of Sacramento, Department of Utilities
(916) 808-1434
Rosa Millino
William O. Busath
Michael Voss, Senior Deputy City Attorney
Ver. 05-2022
 Is LMA willing to secure sufficient local funding to perform OMRR&R activities required by the assurance agreement? 
<1
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 Is LMA willing to meet DWR reporting requirements, such as AB 156?

<1
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 Is LMA willing to provide actual cost and scope of the last two full years of O&M activities?
<1
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 Is LMA willing to prioritize deficiencies within the leveed area (USACE system) and commit to OMRR&R activities that will reduce flo od risk and make LMA compliant with PL 84-99?
<1
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 Is LMA willing to coordinate and work with RFMP to implement the plan identifiedin the SWIF?
<1
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 Is LMA currently participating in other DWR programs such as Delta Subventions, EIP/UFRR, or FSRP?
<1
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describe the project or activity:

Additional questions required of all new solicitations to fulfil State’s requirement under EO B-30-15, AB 1482, & AB 2800. Answering in any way does not affect a LMA’s eligibility to receive funding.
 Does the LMA have a strategic business plan? 
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VXEPLWDcopy.
 Has the LMA conducted a climate change vulnerability a ssessment?

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 Does the LMA have a main contact person for climate change? <1
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,I\HVto what position in the origination does that perso n report?  Has the LMA considered the risk of climate change in its capital reserves and investments?
<1
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Page A-2
YES
YES
YES
YES
YES
YES
USACE/DWR/Sacramento Area Flood Control Agency are implementing the Sacramento River East Levee Project in this area.

NO
NO
YES
Samuel Leu, Administrative Analyst
NO
Ver. 05-2022
Please provide the following project information:
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The 35 mile levee system along the American River and Sacramento River is identified as "MA-9 - City of Sacramento - American Left Bank". It protects a population of approximately 500,000 and about 134,000 structures, an estimated value of $70 billion. See SWIF for more information.

We are not eligible for funding on the MA9 - City of Sacramento - ARFCD Left Bank since we have ongoing USACE flood control projects on the Sacramento and American Rivers.

Ver. 05-2022
x 3URYLGHDOLVWRIHOLJLEOH2055 5DFWLYLWLHVDQGSU RMHFWVWKDW\RX LQWHQGWRFRQGXFWRUFRQVWUXFW
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Page A-4
Implementing the approved SWIF will bring us into compliance with PL 84-99.

We are not eligible for funding on the MA9 - City of Sacramento - ARFCD Left Bank since we have ongoing USACE flood control projects on the Sacramento and American Rivers.

Ver. 05-2022
$77$&+0(17%
Local Maintaining Agency Authorizing Resolution
Resolution No.____BBBBBBB______
A Resolution by the BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB of theBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB Authorizing a Proposal for funding from the Department of Water Resources and Designating a Representative to Execute the Agreement and any Amendments thereto, for the BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBProject WHEREAS, the BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBis a California Public Agency with responsibility for flood maintenance and ULJKWRIZD\ authority of the Project facilities; WHEREAS the BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBacknowledges that it must submit a new operations, maintenance, repair, rehabilitation, and replacement agreement with the Central Valley Flood Protection Board prior to the receipt of Flood Maintenance Assistance Program funds;
WHEREAS, the BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBis authorized to enter into an agreement with the Department of Water Resources and the State of California; THEREFORE, BE IT RESOLVED by theBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB of the BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBaVIROORZV

 That pursuant and subject to all of the terms and conditions of the Budget Act of , the BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBauthorize the BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB, or designee, to execute thefunding agreement with the Department ofWaterResources and any amendments thereto.  That the BBBBBBBBBBBBBBBBBBBBBBBBBBBB, or designee, shall prepare the necessarydata, make investigations, and take other such actions as necessary and appropriate toobtainfunding for the BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBProject.

CERTIFICATION
I hereby certify that the foregoing Resolution 1RBBBBBBBBBBBBBBBBBBBBBBBBBBwas duly and regularly adopted by theBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBof the BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBat the meeting held on BBBBBBBBBBBBBBBBBBBBBBBB, motion by BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB and seconded by BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB, motion passed by the following vote:

AYES:

NOES:
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Attest: BBBBBBBBBBBBBBBBBBBBBBBBBBB
___BBBBBBBBB____________________________
Page B-1
City of Sacramento, Department of Utilities
City of Sacramento, Department of Utilities
City of Sacramento, Department of Utilities
City of Sacramento, Department of Utilities
City of Sacramento, Department of Utilities
City of Sacramento, Department of Utilities
City of Sacramento, Department of Utilities
William O. Busath
Wendy Klock-Johnson, Assistant
22 Ver. 05-2022
$77$&+0(17&
AttorneyCertification
(The Applicant’s attorney shall answer the following questions regarding this proposal and where indicated, shall cite statutory authority or other references.) x Is the Applicant a political subdivision of the State of California? ( )Yes 
1R
Citation:
x Does the Applicant have legal authority to enter into a Funding Agreement with the State of California? ( ) Yes ( )No
Citation:
x What steps are required by law for the Applicant to sign a Funding Agreement with the State?
Citation:
x What is the statutory authority under which the Applicant may obtain funds for the purpose, amount, and duration requested?
Citation:
x What is the statutory authority under which the Applicant was formed and is authorized to operate?
Citation:
x Is the Applicant required to hold an election before entering into a funding contract with the State? ( )Yes ( )No
Citation:

Page C-1
✔
Sacramento City Charter § 20
Cal Const. art XI, § 5;(Charter authority),Water Code 8000-8601 Cal Const, art XI, § 5; Sacramento City Charter
✔
Cal Const, art XI, § 5; Sacramento City Charter §§ 10, 20 ✔
Ver. 05-2022
x Will an agreement between the Applicant and the State be subject to review and approval by other governmental agencies? ( )Yes ( )No Identify all such agencies:

Citation:
x Describe any pending litigation that impacts the financial condition of theApplicant or the operation of flood management facilities. If none is pending, sostate. x Does the Applicant have legal authority and jurisdiction to implement a flood control program? ( )Yes ( )No
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BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB ,FHUWLI\WKDW,DPDGXO\TXDOLILHGDQGOLFHQVHGDWWRUQH\LQ&DOLIRUQLDUHSUHVHQWLQJWKH $SSOLFDQW$JHQF\DQGWKDW,KDYHDQVZHUHGWKHTXHVWLRQVRQWKLVSDJHDQGWKH SUHFHGLQJSDJHWRWKHEHVWRIP\NQRZOHGJH
By Date
(Signature of Applicant Agency’s Attorney)
(Printed Name of Applicant Agency’s AttorneyDQG7LWOH) (Bar No.) (Name of Applicant Agency)
Page C-
City of Sacramento, Department of Utilities
Cal Const, art XI, § 5; Sacramento City Charter §§ 10, 20 ✔
Cal Const,art XI.§5;CC §§10,20;Wat C§8000-8601;GovC§65100 ✔
Michael Voss, Senior Deputy City Attorney
Ver. 05-2022

FLOOD MAINTENANCE ASSISTANCE PROGRAM
),6&$/<($5

GUIDELINES

STATE OF CALIFORNIA

THE DEPARTMENT OF WATER RESOURCES
2322
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TABLE OF CONTENTS Page
SECTION 1. Introduction and Program Overview …………… ……………………...................  SECTION 2. Program Description …………………………………………………………………  SECTION 3. Funding Authority……………………………………………………………………..  SECTION 4. Cost-Sharing Requirements…………………………………………………………  SECTION 5. Eligible Applicants…………………………………………………………………….  SECTION 6. Eligible Activities………………………………………………………………………  SECTION 7. Project Costs…………………………………………………………………………..  SECTION 8. Proposal Selection and Funding Process…………………………………………..  SECTION 9. Requirements when Signing a Funding Agreement with the State………………  SECTION 10. Guidelines Amendments…………………………………………………………….  SECTION 11. Directed Funding…………………………………………………………………….. 

APPENDICES
APPENDIX  – OMRR&R Agreement

ACRONYMS AND ABBREVIATIONS
CVFPB Central Valley Flood Protection Board
DWR Department of Water Resources
FMAP Flood Maintenance Assistance Program
LMA Local Maintaining Agency
LOI Letter of Intent
MA Maintenance Area
O&M Operations and Maintenance
OMRR&R Operations, Maintenance, Repair, Rehabilitat ion, and Replacement PSP Proposal Solicitation Package
PL Public Law
SPFC State Plan of Flood Control
SWIF System Wide Investment Framework
USACE United States Army Corps of Engineers
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1.0 INTRODUCTION
Section 1. Program Overview
The Flood Maintenance Assistance Program (FMAP) is a program WKDWprovidHV state funds for eligible maintenance activities to Local Mainta ining Agencies (LMAs), including Maintenance Areas (MAs), for the purpose of obtaining acceptable maintenance of the State Plan of Flood Control facilities (levees, channels, and structures).1 The 2017 Central Valley Flood Protection Plan (CVFPP) update recognized that the operation and maintenance (O&M) of the State Plan of Flood Con trol (SPFC) facilities has been chronically underfunded. In response to this need, VWDUWLQJZLWKthe Budget Act of 20,WKH VWDWH appropriated funding to the Department of Water Reso urces (DWR) for Operations, Maintenance, Repair, Rehabilitation, and Replacement (OMRR&R) costs. It is DWR’s intent to work in collaboration with the Central Valley Fl ood Protection Board (CVFPB) to allocate a portion of these funds to LMAs. DWR’s current appropriation by the Legislature is continuous, meaning each year a certain sum will be appropriated to DWR. DWR has developed this new program for the ongoing administration of these funds and estimates that over $10 million will be available in the first yea r for eligible applicants.

The primary goals of the CVFPP are to reduce the chance of flooding and property damage during high water events; and, to improve the public safety, community preparedness, and emergency response. Supporting goals of the CVFPP are to improve operations and maintenance, promote ecosystem functions, improve institutional support, and promote multi- benefit projects.

The FMAP will partner with LMAs to work towards sustainable O&M by:
x Providing State funds through a cost-share based program to LMAs to reduce the accumulation of deferred maintenance.
x Providing technical assistance to enable the LMAs to effectively perform the maintenance activities in an efficient manner.
x Securing new OMRR&R assurance agreementsbetween LMAs and the CVFPB. x Promoting consolidation or regional governance of L MAs so SPFC facilities can be more efficiently and effectively maintained.
x Sustaining and improving eligibility for United States Army Corps of Engineers (USACE) Public Law (PL) 84-99 Program enrollment and ultimately compliance with USACE O&M manual requirements.
1 Wat. Code, § 9110, subd. (f).

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Any of the activities identified by DWR and USACE inspections that help achieve acceptable level of maintenance to assure system performance are eligible for funding from FMAP. This includes all activities required under Code of Federal Regulations, title 33, section 208.10 and the O&M Manual Standards, such as:
x Levee and channel vegetation management
x Rodent abatement and damage repair
x Maintenance of levee slopes and patrol roads
x Minor erosion, seepage, and stability repairs
x Channel scour repair
x Addressing USACE and DWR identified levee deficiencies and unacceptable problems x Maintenance of structures and other SPFC facilities
x Encroachment management
x Debris and obstruction removal
x Small sediment removal
FMAP performance will be measured by the execution of a new assurance agreement with the CVFPB and flood reporting compliance. NOTE that execution of a new assurance agreement with the CVFPB is required prior to the disbursement of any funds pursuant to this Program.

Performance will also be measured through DWR’s fall flood system inspections by tracking the unacceptable / minimally acceptable miles of levees in each of the LMAs for:
x Levee vegetation control;
x Rodent damage;
x Levee slope erosion / slips;
x Encroachments;
x Unacceptable / minimally acceptable PL 84-99 problems; x Channel hydraulic capacity; and,
x All other O&M activities required by Code of Federal Regulations, title 33, section 208.10 and O&M Manual standards
Ineligible Activities
To maximize the use of state funding and to avoid any potential duplication of funds, the following limitations will be applied:
x No O&M funding for LMAs eligible for Delta Subventions Program funding x No funding for O&M of levees that were recently improved, or are to be improved under the Early Implementation Program/Urban Flood Risk Reduction Program or a USACE project
x Funding will be limited to maintenance activities identified in the LMA’s submittal that is not currently covered by local funding
Section 7. Project Costs
Eligible project costs include the reasonable costs of preparation of environmental documentation, environmental mitigation, monitoring, and project construction, and

Ver. 05-2022
management. Eligible project costs include those eligible costs incurred after the date an applicant has entered into a funding agreement with DWR.

Costs that are not eligible include:

1. Purchase of equipment that is not an integral part of the funded project.

2. Establishment of a reserve fund.

3. Payment of principal or interest on existing indeb tedness, any interest payments, or costs associated with project financing,

4. Costs incurred as part of any necessary response and cleanup activities required under the Comprehensive Environmental Response, Compensation, and Liability Act; Resource Conservation and Recovery Act; Hazardous Substances Account Act; or other applicable law.

5. Duplicate work to obtain new data that the State al ready has available, unless previously approved by the State or waived by the State.

6. Travel, meals, refreshments, and other per diem cos ts.

7. Costs of preparing and filing grant or other fundi ng applications.

8. Any indirect costs. “Indirect Costs” means those co sts that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project).

Examples of Indirect Costs include but are not limited to: central service costs; general administration of the Funding Recipient; non-project-specific accounting and personnel services performed within the Funding Recipient’s organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non- project-specific facilities; tuition and conference fees; and, generic overhead or markup.

This prohibition applies to the Funding Recipient and any subcontract or sub-agreement for work on the funded project that will be reimbursed with grant funds from DWR.

Section 8. Proposal Selection and Funding Process
This will be stated separately in the Proposal Solicitation Package (PSP) Section 9. Requirements when Signing a Funding Agreement with the State Conflict of Interest and Confidentiality
All participants are subject to State conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the proposal being rejected and any agreement being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411.

As part of the conflict of interest requirements, individuals working on behalf of a Funding Recipient may be required by the State to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.

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Applicants should be aware that when submitting a proposal to the State, they will waive their rights to the confidentiality of the contents of the proposal. Once final awards have been announced by the DWR, all proposals are subject to disclosure pursuant to the California Public Records Act (Gov. Code, § 6250 et seq.).

Indemnify and Hold Harmless
As part of the funding agreement, applicants shall indemnify and hold harmless the State, its officers, agents, and employees from any and all liability from any claims and damages (including inverse condemnation) arising from the planning, design, construction of repair, replacement, rehabilitation, maintenance, and operation of the project, and any breach of the funding agreement.

Labor Code Compliance
As part of the funding agreement, the funding recipient shall agree to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from the funding agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of In dustrial Relations (DIR) requirements may be found at:
http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at: http://www.dir.ca.gov/dlse/PWManualCombined.pdf . The funding recipient will also affirm that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance.

California Environmental Quality Act (CEQA)
All activities funded pursuant to FMAP must comply with CEQA. (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under a funding agreement shall not proceed until documents that satisfy the CEQA process are received by DWR and the DWR has completed its CEQA compliance. Any work funded under FMAP that is subject to CEQA shall not proceed until and unless approved by DWR; such approval is fully discretionary. If CEQA compliance by the funding recipient is not complete at the time a funding agreement is executed by the parties, once DWR has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, the funding agreement shall be terminated.

Competitive Bidding and Contractor Hiring
As part of the agreement, the funding recipient’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If a funding recipient does not have a written policy to award contracts through a competitive bidding or sole source process,

Ver. 05-2022
the Department of General Services’ State Contracting Manual rules must be followed. This document is available at: KWWSV
ZZZGJVFDJRY2/65HVRXUFHV3DJH&RQWHQW2 IILFHRI /HJDO6HUYLFHV5HVRXUFHV/LVW)ROGHU6WDWH&RQWUDFW LQJ.

Section 10. Guidelines Amendments
Any or all of the eligibility criteria, requirements , or procedures specified in these Guidelines may be changed, substituted or terminated, and/or oth er criteria may be added at the State’s discretion. They may also be changed as a result of the State legislative actions associated with the passage of the annual State Budget Act or o ther legislation. Amendments to the final Guidelines will be publicly posted for at least a 45-day public comment period prior to finalization.

Section 11. Directed Funding
In addition to soliciting competitive grants, DWR may use FMAP funds for direct expenditures or directed activities that fulfill the intent of the legislation and DWR priorities. Direct expenditure projects are projects proposed by DWR either in response to a solicitation from a stakeholder, another government entity, or on its own initiative. Direct expenditure projects must address an interest of the State and may be proposed and approved at any time.

However, any direct expenditure project shall be evalu ated by the same eligibility criteria as competitive grants.

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Agreement NoX
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OMRR&R Agreement

OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, AND REHABILITATION

AGREEMENT BETWEEN
The Central Valley Flood Protection Board
AND
FOR
This Operation, Maintenance. Repair, Replacement, and Rehabilitation Agreement (“OMRR&R Agreement”) is entered into by and between the State of California (“State”), acting by and through the Central Valley Flood Protection Board, or any successor thereto, (“Board”) and  theBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB(“Funding Recipient”) on this _____ day of BB______________, _______ in view of the following circumstances:
 Flood Maintenance Assistance Program (FMAP) funds were authorized and appropriated by the California legislature for costs associated with improving the operations, maintenance, repair, rehabilitation, and replacement of state flood control levees and infrastructure of Local Maintaining Agencies (LMAs), pursuant to Water Code Section 12878 et seq.
 State funding is available for Eligible Activities pursuant to the FMAP:

The State, acting by and through the Department of Water Resources, has solicited applications for funding for its FMAP program.

The Funding Recipient applied for funding and has signed a Funding Agreement.This Funding agreement is between the State of California Department of WaterResources and the _____________________________________________BBBBBBBBBB_____for _____________________________________BBBBB________(“Funding Agreement”).

The Funding Agreement provides that the Funding Recipient will be responsible for operation, maintenance, repair, replacement, and rehabilitation(“OMRR&R”) of State Plan of Flood Control facilities.

The Department has agreed to enter into the Funding Agreement on the conditionthat the Funding Recipient enters into this OMRR&R Agreement for State Plan ofFlood Control facilities within the jurisdiction of the Funding Recipient.

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3. The Funding Recipient already has responsibility for OMRR&R for the existing portions of the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient.
x Levee and channel vegetation management
x Rodent abatement and damage repair
x Maintenance of levee slopes and patrol roads
x Minor erosion, seepage, and stability repairs
x Channel scour repair
x Addressing USACE and DWR identified levee deficiencies and unacceptable problems x Maintenance of structures and other SPFC facilities
x Encroachment management
x Debris and obstruction removal
x Small sediment removal
“Funding Agreement:” The agreement between the State of California Department of Water Resources and the __________________________________________________________ for_____________________________________ dated __BBBB__________BBBBBBBBBBBBB “Funding Recipient:” A public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, which is the signatory to the Funding Agreement and this OMRR&R Agreement.
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´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

For purposes of this OMRR&R Agreement, the terms below are defined as indicated:
“Board:” The State of California Central Valley Flood Protection Board or any successor thereto.
“Department:” The State of California Department of Water Resources. “Eligible Activities:” The development of System Wide Improvement Framework plans (SWIFs), and associated supporting documents, such as the required Letter of Intent to USACE to create a SWIF, and any of the activities identified by the California Department of Water Resources and U.S. Army Corps of Engineers inspections that help achieve acceptable level of maintenance to assure system performance are eligible for funding from FMAP. This includes all activities required under Code of Federal Regulations, title 33, section 208.10 and the O&M Manual Standards, such as:

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“OMRR&R Agreement:” This agreement between the Central Valley Flood Protection Board and the ________________________________________________________ for OMRR&R of the State Plan of Flood Control within the jurisdiction of __ ____________________________________________________________________. “State:” The State of California, acting by and through the Board. “State Plan of Flood Control:” The state and federal flood control works, lands, programs, plans, conditions, and mode of maintenance and operations described in Public Resources Code section 5096.805(j).

SECTION I: Obligations of the Funding Recipient
$ General Obligations. The Funding Recipient agrees to the following:
 To perform OMRR&R of the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient. The duties of the Funding Recipient to perform OMRR&R for the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient shall be accomplished in a manner that does not diminish the flood protection afforded by or jeopardize the structural integrity of the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient, and the flood control system of which those facilities are a part. The duties of the Funding Recipient pursuant to this paragraph are described further in Section I-B below.  To hold and save the federal government and the State, their representatives, officers, directors, employees, including their attorneys and agents and consultants, as well as their successors and assigns, free and harmless from any and/or all claims and damages, including claims based upon inverse condemnation, arising from the operation, maintenance, repair, replacement, or rehabilitation of the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient. 8SRQ GHPDQGWheFunding Recipient shall reimburse the Board in full for all reasonable costs andattorneys’ fees, including, but not limited to, those charged to it by the CaliforniaOffice of Attorney General, that the Board incurs in connection with the defense ofany action brought against the Board arising from the operation, maintenance,repair, replacement, or rehabilitation of the State Plan of Flood Control facilitieswithin the jurisdiction of the Funding Recipient.  To hold and save the federal government and the State, their representatives, officers, directors, employees, including their attorneys, agents and consultants, as well as their successors and assigns free and harmless from any and/or all claimsor damages arising out of or in connection with the obligations herein assumed bythe Funding Recipient, including any responsibility for claims or damages arising outof work performed by the State on the State Plan of Flood Control facilities withinthe jurisdiction of the Funding Recipient for which the State may be held liable andany claims based upon inverse condemnation. 8SRQGHPDQGWhe Funding Recipient shallreimbursethe Board in full for all reasonable costs and attorneys’ fees,

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LQFOXGLQJbut not limited to, those charged to it by the California Office of Attorney General, that the Board incurs in connection with the defense of any action brought against the Board arising out of work performed by the State on the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient for which the State may be held liable and any claims based upon inverse condemnation.

B. Specific Obligations to Operate, Maintain, Repair , Replace, and Rehabilitate

1. The Funding Recipient hereby accepts responsibili ty for OMRR&R for the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient.

Specifically, the Funding Recipient shall be responsible for OMRR&R in accordance with applicable federal laws, including without limitation, compliance with O&M requirements contained in Code of Federal Regulations, title 33, section 208.10, Board Resolution No. 2018-06 and future amendments thereto, and applicable Operation and Maintenance manuals for the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient, any revised or updated version of the Operation and Maintenance Manual, or any supplement to the Operation and Maintenance Manual.

2. The Funding Recipient hereby gives State the righ t to enter, at reasonable times and in a reasonable manner land which it owns or controls for access to for the purpose of: (i) conducting subsequent inspections to verify that the Funding Recipient is complying with its obligations under this OMRR&R Agreement; and (ii) operating, maintaining, repairing, replacing, or rehabilitating any part of the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient located at or in conjunction with any present or future flood control plan if in the reasonable judgment of State, the Funding Recipient fails to comply with its obligations under this OMRR&R Agreement. In the event the State assumes title to any of the land to which the Funding Recipient needs access to fulfill the obligations set forth in the paragraph, the State grants an irrevocable license to the Funding Recipient to enter the land to fulfill its obligations under this OMRR&R Agreement.

3. If the Funding Recipient has failed or refused to perform the obligations set forth in this OMRR&R Agreement or the requirements of the manuals mentioned above, the State may take appropriate actions including proceedings to establish a maintenance area under Water Code section 12878 et seq.

If the Funding Recipient fails to fulfill its obligations under this Agreement and if the failure or refusal constitutes, in the sole discretion of the State, a threat to the continued ability of the of the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient to perform in a manner necessary to provide its designed level of flood protection, then the State, after notifying the Funding Recipient and providing a sixty (60) day opportunity to cure period, (except in the case of an emergency), may in its sole discretion develop a work plan and present it to the Funding Recipient with instructions that if the Funding Recipient does not

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agree to carry out, or is unable to carry out, the work plan within the time specified in the work plan, the State will perform the necessary work or do so by contract. The Funding Recipient will reimburse the State for the costs of performing such work.

No operation, maintenance, repair, replacement, or rehabilitation by the State shall operate to relieve the Funding Recipient of responsibility to meet the Funding Recipient’s obligations as set forth in this OMRR&R Agreement, or to preclude the State from pursuing any other remedy at law or equity to ensure faithful performance pursuant to this OMRR&R Agreement.

SECTION II: Hazardous Substances
The Funding Recipient acknowledges the State may incur obligations with respect to hazardous substances regulated under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), (42 U.S.C. §§ 9601-9675); California Hazardous Substances Account Act, (Health & Safety Code, § 25310 et seq.) or other statutes or regulations (collectively referred to as “state and federal Hazardous Substances Laws”) on lands necessary for OMRR&R to the extent the Funding Recipient fails to comply with its obligations under this OMRR&R Agreement. The Funding Recipient agrees:

A. That in the event that the Funding Recipient disc overs through an environmental investigation or other means that any lands, easements, or rights of way that have been acquired or provided for OMRR&R of State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient contain hazardous substances regulated under state and federal Hazardous Substances Laws, the Funding Recipient shall promptly notify the State of that discovery.

B. That in the event hazardous substances regulated under state and federal Hazardous Substances Laws have been found, the Funding Recipient shall initiate and complete any and all necessary response and cleanup activity required under state and federal Hazardous Substances Laws, which shall include any studies and investigations necessary to determine the appropriate response to the contamination. Payment for the costs of such necessary response and cleanup activity as required under state and federal Hazardous Substances Laws shall be made by the Funding Recipient. In the event that the Funding Recipient fails to provide the funds necessary for response and cleanup activity required under state and federal Hazardous Substances Laws or to otherwise discharge the Funding Recipient’s responsibilities under this Paragraph B, then the State may perform the necessary response and cleanup activity, and the Funding Recipient shall reimburse the State in accordance with the procedures set out in this OMRR&R Agreement. If the State performs the necessary response and cleanup activity required under state and federal Hazardous Substances Laws, the State shall consult with the Funding Recipient concerning the selection of the person(s) to perform the work, the amount of money to be spent on the work, the scope of the work, and any other aspect of response and cleanup activity.

C. That the Funding Recipient shall consult with the State in order to ensure that responsible persons under state and federal Hazardous Substances Laws ultimately bear all necessary response and cleanup costs as defined in state and federal Hazardous Substances Laws.

D. That the Funding Recipient shall operate, maintai n, repair, replace, and rehabilitate State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient in a

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manner that will control and minimize the release or threatened release of hazardous substances regulated under state and federal Hazardous Substances Laws on lands necessary for OMRR&R of the existing portions of the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient. ( That in the event that the State, their representatives, officers, directors, employees, including their attorneys and other persons, as well as their successors and assigns, are found to be liable under state and federal Hazardous Substances Laws for the release or threatened release of hazardous substances arising out of the operation, maintenance, repair, replacement, or rehabilitation of the portions State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient, then the Funding Recipient shall indemnify and hold the State, their representatives, officers, directors, employees, including their attorneys and other persons, as well as their successors and assigns, harmless from any response or cleanup costs for which the State, their representatives, officers, directors, employees, including their attorneys and other persons, as well as their successors and assigns, may be found to be liable under state and federal Hazardous Substances Laws. 8SRQGHPDQGWhe Funding Recipient shall reimburse the State for allreasonable costs and attorneys’ fees, including, but not limited to, those charged to it bythe California Office of Attorney General, that the State incurs in connection with thedefense of any action brought against it arising from the release or threatened release ofhazardous substances arising out of the operation, maintenance, repair, replacement, orrehabilitation of the portions State Plan of Flood Control facilities within the jurisdiction ofthe Funding Recipient.
) No decision made or action taken pursuant to any provision of this OMRR&R Agreement shall relieve any responsible person from any liability that may arise under state and federal Hazardous Substances Laws, nor shall such decision or action be considered a waiver by the State or the Funding Recipient of any right to seek from any responsible person as defined by state and federal Hazardous Substances Laws the recovery, contribution of, or indemnification from costs incurred by the State or the Funding Recipient for response or cleanup activity required under state and federal Hazardous Substances Laws, nor shall such decision or action be considered a waiver by the State of any other right or remedy provided by law.

SECTION III: Authorization for Delegation or Subcontracting The Funding Recipient may delegate or subcontract its responsibilities under this OMRR&R Agreement. The Funding Recipient shall be responsible for all work to be performed under the contract, including any delegated work. The State shall have the right to ask that any services for this OMRR&R Agreement provided by any subcontractor be terminated if its performance is unsatisfactory.

Payment for services rendered by subcontractors shall be made entirely by the Funding Recipient; the State shall not have any responsibility for making any payments to the subcontractors for any services they may render in connection with this OMRR&R Agreement.

SECTION IV: Disputes
Before any party to the OMRR&R Agreement may bring suit in any court concerning an issue relating to this OMRR&R Agreement, that party must first seek in good faith to resolve the issue through negotiation or other forms of nonbinding alternative dispute resolution mutually acceptable to all parties.

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SECTION V: Obligation of Future Appropriations
The parties agree that nothing herein shall constitute, or be deemed to constitute, an obligation of future appropriations by the Legislature of the State of California.

SECTION VI: Term of Agreement; Amendment
The effective date of this OMRR&R Agreement is the date it is signed by all parties. The OMRR&R Agreement will continue in full force and effect unless terminated or amended upon written consent of all parties.

SECTION VII: Notices
All notices, requests, demands, and other communications required or permitted to be given under this OMRR&R Agreement shall be deemed to have been duly given if in writing and delivered personally or mailed by first class (postage pre-paid), registered, or certified mail, as follows:
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A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this section.

Any notice, request, demand, or other communication made pursuant to this section shall be deemed to have been received by the addressee at su ch time as it is personally delivered or seven (7) calendar days after it is mailed, as the case may be.

SECTION VIII: Standard Conditions
This OMRR&R Agreement incorporates by reference the standard conditions that are included in ([KLELW$ to this OMRR&R Agreement
SECTION IX: Authority
The Funding Recipient has provided a copy of a resolution adopted by its governing body designating a representative to execute this OMRR&R Agreement. This resolution is substantially the same as the draft resolution provided in ([KLELW% to this OMRR&R Agreement.

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IN WITNESS WHEREOF, the parties hereto have executed this OMRR&R Agreement. 7KH&HQWUDO9DOOH\)ORRG
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Date: __________________________
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and Sufficiency:
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STANDARD CONDITIONS OF OMRR&R AGREEMENT

1. GOVERNING LAW: This OMRR&R Agreement is governed by and shall be interpreted in accordance with the laws of the State of California.

2. TIMELINESS: Time is of the essence in this OMRR& R Agreement.

3. AMENDMENT: This OMRR&R Agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Funding Recipient for amendments must be in writing stating the amendment request and the reason for the request. State shall have no obligation to agree to an amendment.

4. SUCCESSORS AND ASSIGNS: This OMRR&R Agreement an d all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this OMRR&R Agreement or any part thereof, rights hereunder, or interest herein by the Funding Recipient shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose.

5. INSPECTION OF BOOKS, RECORDS, AND REPORTS: Durin g regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this OMRR&R Agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this OMRR&R Agreement. Failure or refusal by Funding Recipient to comply with this provision shall be considered a breach of this OMRR&R Agreement, and State may take any other action it deems necessary to protect its interests, after complying with paragraph V of the OMRR&R Agreement.

6. PROHIBITION AGAINST DISPOSAL OF PROPERTY: Fundin g Recipient shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the existing portions of the State Plan of Flood Control facilities within the jurisdiction of the funding recipient , or with Funding Recipient’s service of water, without prior permission of State. Funding Recipient shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Funding Recipient meet its obligations under this OMRR&R Agreement, without prior written permission of State. State may require that the proceeds from the disposition of property be remitted to State.

7. NO THIRD-PARTY RIGHTS: The parties to this OMRR&R A greement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this OMRR&R Agreement, or of any duty, covenant, obligation or undertaking established herein.

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8. OPINIONS AND DETERMINATIONS: Where the terms of this OMRR&R Agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious, or unreasonable.

9. SUIT ON OMRR&R AGREEMENT: Each of the parties he reto may sue and be sued with respect to this OMRR&R Agreement.

10. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this OMRR&R 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.

11. SEVERABILITY: Should any portion of this OMRR&R Agreement be determined to be void or unenforceable, such shall be severed from the whole and the OMRR&R Agreement shall continue as modified.

12. WAIVER OF RIGHTS: None of the provisions of this OMRR&R Agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this OMRR&R Agreement unless contrary to law. Any waiver by either party of rights arising in connection with the OMRR&R Agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect.

13. TERMINATION FOR CAUSE: The State may terminate this OMRR&R Agreement should Funding Recipient fail to perform the requirements of this OMRR&R Agreement at the time and in the manner herein provided.

14. INDEPENDENT CAPACITY: Funding Recipient, and the agents and employees of Funding Recipients, in the performance of the OMRR&R Agreement, shall act in an independent capacity and not as officers, employees, or agents of the State.

15. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements.

A. Current State Employees: No State officer or emplo yee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any State agency to provide goods or services.

B. Former State Employees: For the two-year period fro m the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or Page A-2
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she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service.

C. Employees of the Funding Recipient: Employees of the Funding Recipient shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Funding Recipien t: Individuals working on behalf of a Funding Recipient may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes.  LABOR CODE COMPLIANCE: The Funding Recipient agrees to be bound by all applicable provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to this OMRR&R Agreement to assure that the prevailing wage provisions of the Labor Codeare being met. Current Department of Industrial Relations (DIR) requirements may be found at:
https://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’s Public Works Manual at: https://www.dir.ca.gov/dlse/PWManualCombined.pdf. The Funding Recipient affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance, and the Funding Recipient affirms that it will comply with such provisions beforecommencing the performance of the work under this OMRR&R Agreement and will make itscontractors and subcontractors aware of this provision.
 AMERICANS WITH DISABILITIES ACT: By signing this OMRR&R Agreement, Funding Recipient assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well asall applicable regulations and guidelines issued pursuant to the ADA.  NONDISCRIMINATION CLAUSE: During the performance of this OMRR&R Agreement, Funding Recipient and its contractors or subcontractors shall not unlawfully discriminate,harass, or allow harassment against any employee or applicant for employment because ofsex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), maritalstatus, and denial of medial and family care leave or pregnancy disability leave. FundingRecipient and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Funding Recipient and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov.Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Funding Recipient and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Funding Page A-3
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Recipient shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the OMRR&R Agreement.

19. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Funding Agreement, Funding Recipient, its contractors or subcontractors hereby certify, under penalty of perjury under the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions:

A. Publish a statement notifying employees, contracto rs, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for violations, as required by Government Code section 8355.

B. Establish a Drug-Free Awareness Program, as require d by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following:
i. The dangers of drug abuse in the workplace,
ii. Funding Recipient’s policy of maintaining a drug -free workplace, iii. Any available counseling, rehabilitation, and e mployee assistance programs, and iv. Penalties that may be imposed upon employees, co ntractors, and subcontractors for drug abuse violations.

C. Provide, as required by Government Code section 8 355, that every employee, contractor, and/or subcontractor who works under this Funding Agreement:
i. Will receive a copy of Funding Recipient’s drug-fr ee policy statement, and ii. Will agree to abide by terms of Funding Recipien t’s condition of employment, contract or subcontract.

20. UNION ORGANIZING: Funding Recipient, by signing this OMRR&R Agreement, hereby acknowledges the applicability of Government Code 16645 through 16649 to this OMRR&R Agreement. Furthermore, Funding Recipient, by signing this OMRR&R Agreement, hereby certifies that:

A. No State funds disbursed by this OMRR&R Agreement will be used to assist, promote, or deter union organizing.

B. Funding Recipient shall account for State funds di sbursed for a specific expenditure by this OMRR&R Agreement to show those funds were allocated to that expenditure.

C. Funding Recipient shall, where State funds are no t designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program.

D. If Funding Recipient makes expenditures to assist , promote, or deter union organizing, Funding Recipient will maintain records sufficient to show that no State funds were used for those expenditures and that Funding Recipient shall provide those records to the Attorney General upon request.

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21. COMPUTER SOFTWARE: Funding Recipient certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this OMRR&R Agreement for the acquisition, operation, or maintenance of computer software in violation of copyright laws.

22. DELIVERY OF INFORMATION, REPORTS, AND DATA: Funding Recipient agrees to expeditiously provide, throughout the term of this OMRR&R Agreement, such reports, data, information, and certifications as may be reasonably required by State.

23. CHILD SUPPORT COMPLIANCE ACT: The Funding Recipient acknowledges in accordance with Public Contract Code section 7110, that:

A. The Funding Recipient recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and
B. The Funding Recipient, to the best of its knowledg e is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

24. INSPECTIONS OF OMRR&R BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Funding Agreement.

This right shall extend to any subcontracts, and Funding Recipient shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Funding Agreement with State.

25. ACCESS: The Funding Recipient shall ensure that the State, or any authorized representative of the foregoing, will have safe and suitable access to the portions of the State Plan of Flood Control facilities within the jurisdiction of the Funding Recipient at all reasonable times during the term of this Agreement.

26. VENUE: The State and the Funding Recipient hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California.

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OMRR&R Resolution
Resolution No.__________________________
Resolved by the ______________________________________________________________ of the_______________________________________________________________________ that pursuant and subject to all of the terms and provisions of Budget Act of , that funds awarded to _________________________________________________________ by the Department of Water Resources for a Flood Maintenance Assistance Program project titled:
______________________________________________________________________________ have been accepted, and as a condition of accepting these funds the Funding Recipient committed to signing an additional agreement with the Central Valley Flood Protection Board, or successor thereto, which requires ____________________________________________________________ to assume responsibility for operation and maintenance of _______________________________________________________________________________ Therefore, the ____________________________ of the __________________________________ is hereby authorized and directed to sign an operation, maintenance, repair, rehabilitation, and replacement agreement with the Central Valley Flood Protection Board, or successor thereto.

Passed and adopted at a regular meeting of the _________________________________________ of the__________________________________________________________________________ on ________________________________.

Authorized Signature: __________________BBBBBBB___________ Printed Name: ____BBBBBBBBBBBBB_________________________ Title: ___B_BBBBBBBBBBBBBBBBBBBBB________________________ Clerk/Secretary: ____________B_____BBBBBBBBBBB____________ Page B-1
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State Audit Requirements
The following provides a list of documents typically required by State Auditors and general guidelines for Funding Recipients. The list of documents pertains to both State funding and Funding Recipient’s Funding Match and details the documents/records that State Auditors would need to review in the event this Funding Agreement is audited.

Funding Recipients should ensure that such records are maintained for each project.

List of Documents for Audit
Internal Controls

1. Organization chart (e.g., Agency’s overall organizat ion chart and organization chart for the State-funded Program/Project).

2. Written internal procedures and flowcharts for the following:
a) Receipts and deposits
b) Disbursements
c) State reimbursement requests
d) Expenditure tracking of State funds
e) Guidelines, policy, and procedures on State-funded Program/Project

3. Audit reports of the Agency internal control struct ure and/or financial statements within the last two years.

4. Prior audit reports on the State-funded Program/Pr oject.

State Funding:

1. Original Funding Agreement, any amendment(s) and b udget modification documents.

2. A listing of all grants, loans or subventions recei ved from the State.

3. A listing of all other funding sources for each Pro gram/Project.

Contracts:

1. All subcontractor and consultant contracts and rela ted or partners documents, if applicable.

2. Contracts between the Agency and member agencies as related to the State-funded Program/Project.

Invoices:

1. Invoices from vendors and subcontractors for expendi tures submitted to the State for payments under the Funding Agreement.

2. Documentation linking subcontractor invoices to Sta te reimbursement, requests, and related Funding Agreement budget line items.

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3. Reimbursement requests submitted to the State for the Funding Agreement.

Cash Documents:

1. Receipts (copies of warrants) showing payments recei ved from the State.

2. Deposit slips (or bank statements) showing deposit of the payments received from the State.

3. Cancelled checks or disbursement documents showing paym ents made to vendors, subcontractors, consultants, and/or agents under the grants or loans.

4. Bank statements showing the deposit of the receipt s.

Accounting Records:

1. Ledgers showing entries for funding receipts and cas h disbursements.

2. Ledgers showing receipts and cash disbursement entri es of other funding sources.

3. Bridging documents that tie the general ledger to r equests for Funding Agreement reimbursement.

Administration Costs:

1. Supporting documents showing the calculation of adm inistration costs.

Personnel:

1. List of all contractors and Agency staff that worked on the State-funded Program/Project.

2. Payroll records including timesheets for contracto r staff and the Agency personnel who provided services charged to the program
Project Files:

1. All supporting documentation maintained in the Pro ject files.

2. All Funding Agreement related correspondence.

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