City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00998 7/30/2024 Consent Item 12.
Department of Water Resources: Flood Maintenance Assistance Program Agreement (FMAP) Fiscal Year (FY) 2024/25
File ID: 2024-00998
Location: Citywide
Recommendation: Adopt a Resolution authorizing the City Manager or City Manager’s designee to:
1) sign the Funding Agreement 2025-FMAP-NA5-01 with the State of California, Department of Water Resources (DWR) for the Flood Maintenance Assistance Program (FMAP); 2) sign the Operation, Maintenance, Repair, Replacement and Rehabilitation (OMRR&R) Assurance Agreement; 3) establish the Department of Utilities (DOU) Operating Grant Program (G14000000); 4) establish the revenue and expenditure budgets in the DOU Operating Grant Program (G14000000) in an amount not-to-exceed $825,000, or the amount awarded; 5) execute all documents related to the grant; and 6) adopt a Fiscal Year (FY) 2024/25 Local Maintaining Authorizing Agency Resolution for the Flood Maintenance Assistance Program under the State of California, Budget Act of 2024 between the City of Sacramento and the Department of Water Resources.
Contact: Pravani Vandeyar, Director (916) 808-3765, [email protected]; Chuong (Ryan) Pham, Business Services Manager, (916) 808-8995, [email protected]; David Levine, Program Manager, (916) 808-1284, [email protected]; Alaina Jordan, Administration Analyst, (916) 808-5801, [email protected]; Department of Utilities Presenter: None
Attachments:
1-Description/Analysis
2-Resolution
3-2025_FMAP Proposal Solicitation Package
4-2025_FMAP_OMRRR
5-Attorney Certification
6-Resolution LMA
Description/Analysis
DOU is seeking approval for the funding agreement between the City of Sacramento (City) and the State of California, Natural Resources Agency Department of Water Resources (DWR). The DWR
File ID: 2024-00998 7/30/2024 Consent Item 12.
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 a LMA, the 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) using 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 $825,000.
Policy Considerations: Council Resolution 2023-0205 requires City Council approval to apply for operating grants of more than $250,000.
Economic Impacts: Not applicable.
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). The maintenance activities associated with this funding agreement are typically exempt pursuant to CEQA Guidelines Section 15301, for the operation, repair, maintenance, permitting, or minor alteration of existing facilities, mechanical equipment, or topographical features.
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
File ID: 2024-00998 7/30/2024 Consent Item 12.
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 would allow the City to receive an amount not-to-exceed $825,000 or the awarded amount from the grant funds. There are no matching fund requirements for this grant. Staff recommends opening a new project, DOU Operating Grant Program (G14000000), and if awarded, establishing the revenue and expenditure budgets in Storm Drainage Reimbursable Fund (Fund 6211). There are no General Funds allocated or planned for this project.
Local Business Enterprise (LBE): Not applicable.
RESOLUTION NO. 2024-
Adopted by the Sacramento City Council
July 30, 2024
Funding Agreement between the State of California 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 2024
PROGRAM BACKGROUND
A. The City of Sacramento, Department of Utilities (DOU) is a California public agency with responsibility for flood maintenance and right-of-way authority of the Project facilities.
B. The City of Sacramento acknowledges 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 (FMAP) funds.
C. The FMAP 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.
D. 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, through 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.
E. 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 and is eligible for funding and could be awarded an amount not-to-exceed $825,000.
F. Approval to sign the FMAP grant and OMRR&R agreements with DWR will provide further support to address flooding issues and allows the City to receive up to an amount not-to- exceed $825,000 or the awarded amount.
BASED ON THE FACTS SET FORTH IN THE BACKGROUND, THE CITY COUNCIL
RESOLVES AS FOLLOWS
RESOLUTION NO. 2024-
Section 1. The City Manager or the City Manager’s designee is authorized to:
A. Sign the Funding Agreement 2025-FMAP-NA5-01 with the State of California, Department of Water Resources (DWR) and any amendments thereto pursuant and subject to all terms and conditions of the Budget Act of 2024;
B. Sign the Operation, Maintenance, Repair, Replacement and Rehabilitation (OMRR&R) Assurance Agreement;
C. Establish the DOU Operating Grant Program (G14000000);
D. Establish the revenue and expenditure budgets in the DOU Operating Grant Program (G14000000), Storm Drainage Reimbursable Fund (Fund 6211) in an amount not-to-exceed $825,000 or the awarded amount; 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 PROGRAMFunded byFLOOD MAINTENANCE OFFICEGENERAL FUNDPROPOSAL SOLICITATION PACKAGE
STATE OF CALIFORNIATHE DEPARTMENT OF WATER RESOURCES
FISCAL YEAR 20 -24 25
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FLOOD MAINTENANCE ASSISTANCE PROGRAMPROPOSAL SOLICITATION PACKAGEThe 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 DATEPROPOSAL SUBMITTAL(916) [email protected] 31, 2024 Ver. 04-2024
1. INTRODUCTIONThe Flood Maintenance Assistance Program (FMAP) is a programprovidstatefunds 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 ofFMAP is ensure State Plan of Flood Control (SPFC) facilities are properly maintained with sufficient resources (including funding) to meet Code of Federal Regulations, Title33, 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:Providing State funds to LMAs to reduce the accumulation of deferredmaintenance.Providing technical assistance to enable the LMAs to effectively perform themaintenance activities in an efficient manner.Securing new Operation, Maintenance, Repair, Rehabilitation, and Replacement(OMRR&R) assurance agreements between LMAs and CVFPB.Promoting consolidation or regional governance of LMAs, so SPFC facilities canbe more efficiently and effectively maintained.Sustaining and improving eligibility for USACE PL 84-99 Program and ultimatelycompliance 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 LIMITATIONSAll LMAs are required to meet all the following criteria to receive FMAP funding:Levee must be within State Plan of Flood Control (SPFC).Applicant must have current compliance with PL 84-99, existing USACE Lettersof Intent/System Wide Improvement Framework plans (LOI/SWIF) or commit tocompliance by submitting a LOI and SWIF plan through FMAP.LMAs must provide a copy of an existing SWIF or LOI with the USACE.In areas where USACE System includes multiple LMAs, coordinate andcollaborate among the LMAs to ensure the submittals meet the requirement forthe USACE LOI/SWIF for the project area. Regional Flood ManagementAssistance Program (RFMAP) funding can be used for coordination activities.LMA must execute a new assurance agreement (OMRR&R) with CVFPB for theentire jurisdiction of the LMA.LMA must meet allDWR floodreporting requirements, such as Assembly Bill (AB) 156 (Stats. 2007, ch. 368).
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LMA must work with the region to find solutions for more effective and efficientdelivery of the required O&M for SPFC facilities.LMA levee is not or is not anticipated to receive Early ImplementationProgram/Urban Flood Risk Reduction Program (EIP/UFRR) and/or USACEproject repair or improvement funding.If LMA is entitled to receive Delta Subventions funding, no O&M funding will beprovided. LOI/SWIF funding will be limited to what is needed beyond theplanning funds provided by the Delta Subventions program.3. FUNDINGAvailable funding for eligible participants will be made available in Fiscal Yearfor the following activities:1. DWR will fund $20,000 per LMA for preparation of a USACE LOI/SWIF, if theLMA 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, fundingunder this item can be allocated for additional identified OMRR&R activities.2. DWR will fund $20,000 per LMA for preparation of technical/engineering reportsneeded to secure sufficient funding to manage their SPFC system to meet therequirements in Code of Federal Regulations, Title 33, Section 208.10, O&MManual, and new OMRR&R agreement, if they are willing to commit to completethe process. If the LMA is already well funded and does not have anUnacceptable Rating from State Annual Maintenance Inspection or a recentlypassed a Proposition 218 Election, LMA may use the funding for additionalidentified O&M activities.3. DWR will provide matching funds, up to an identified amount needed for O&Mactivities, for dollars spent during last fiscal year for O&M activities based on theformula below. Only LMAs participating in items #1 and #2 above are eligible toreceive the additional funding.75% matching funds for the first $10,000 per mile expenditure.50% matching funds for expenditures in excess of $10,000 per mile.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 basis for the O&M activitiesapproval and verification.Costseligiblefor funding through this program O&M activities include the following:Gravel for access roads and levee crownRock slope protection (RSP) for minor embankment repairsMinor seepage control repairs
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Minor stability repairsVegetation managementRodent abatementFlood control structure/facilities upgradesGates/fencing maintenanceCosts not eligiblefor funding through this program include the following:Administrative personnelPurchase and maintenance of general use vehiclesNew facilitiesUtility cost reimbursementAdministrative overhead chargesTravel or commute costsNon-SPFC O&M activities4. SELECTION CRITERIAAll LMAs are potentially eligible to receive FMAP funding if they are willing to take thenecessary actions to be eligible for PL 84-99 and secure sufficient funding to performthe required OMRR&R activities annually. The program is designed to support theLMAs to be successful in carrying out their responsibilities under OMRR&R. The levelof funding and what the funding can be used will depend on the submittal listed below.5. TIMELINEConsidering the level of information requested, the request for fundingreceived by a given date. Submittals received by theestablished date will be reviewed and considered the order received. If the fundingis exhausted requestswill be.The following datethe established cutoff for thefunding cycle Page of 4
24 25Ver. 04-2024July 31, 2024
6. SUBMITTALAttachment A to this PSP is a questionnaire and supplemental information package.The following requested information must be provided or if not applicable, the applicantmust clearly state the reason why the information was not provided. Applications notcontaining all required information or acceptable reasons for omission will not be furtherreviewed or considered for funding in the current round, but they will have the opportunity to provide the complete information in the next round.Completed Questionnaire & Supplemental informationA list and map of SPFC facilities LMA is responsible forCorrespondence indicating current USACE PL 84-99 eligibility, if applicableSubmitted LOI, if applicableUSACE approved LOI, if applicableSubmitted SWIF, if applicableUSACE approved SWIF, if applicableList of LMAs, beside the applicant, in the USACE System, if applicableAB156 compliance reportO&M activities along with actual cost forList of prioritize OMRR&R activities that requires State assistanceList of recent (last 10 years) Delta Subventions, EIP/UFRR, USACE, or othermajor improvement projects on SPFC facilities; provide brief scope of work
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ATTACHMENT AFLOOD MAINTENANCE ASSISTANCE PROGRAM (FMAP) Does LMA have State Plan of Flood Control (SPFC) facilities?Does LMA have current PL 84-99 eligibility?supporting documentation.Does LMA have an approved LOI or SWIF with USACE?please provide a copy of the approval.If No, has LMA submitted a LOI or SWIF currently pending with USACE?If Yes, please provide a copy of the documents.If No on questions 3 & 4, is LMA willing to commit to pursuing and obtaining aUSACE SWIF, which includes submittal of LOI & SWIF?Is there more than one LMA in your leveed area (USACE system)?If Yes, is LMA cooperating or willing to cooperate with the other LMAs to pursueand obtain an approved USACE LOI and SWIF within a USACE System?Is LMA willing to execute a new assurance agreement (OMRR&R) with CVFPB forthe entire leveed area (USACE system)? This questionnaire and submittal would provide us the needed information to evaluatethe appropriate level of participation in FMAP. FMAP has several requirements thatmust be met to receive eligible funding as described in the Proposal SolicitationPackage (PSP). Please answer the following questions and provide the requestedinformation.LMA ___________________________________Authorized__________________________Address ___________________________________Phone Number ___________________________________Legal Counsel ___________________________________Legislative District___________________________________Other Contact Information ___________________________________ Page A-1
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Is LMA willing to secure sufficient local funding to perform OMRR&R activitiesrequired by the assurance agreement?Is LMA willing to meet DWR reporting requirements, such as AB 156?Is LMA willing to provide actual cost and scope of the last two full years of O&Mactivities?Is LMA willing to prioritize deficiencies within the leveed area (USACE system)and commit to OMRR&R activities that will reduce flood risk and make LMAcompliant with PL 84-99?Is LMA willing to coordinate and work with RFMP to implement the planidentified in the SWIF?Is LMA currently participating in other DWR programs such as DeltaSubventions, EIP/UFRR, or FSRP?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 notaffect a LMA’s eligibility to receive funding. Does the LMA have a strategic business plan?copy.Has the LMA conducted a climate change vulnerability assessment?If yes, please submit a copyDoes the LMA have a main contact person for climate change?to what position in the origination does that person report?Has the LMA considered the risk of climate change in its capital reserves andinvestments? Page A-2
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Please provide the following project information: Page A-3 Ver. 04-2024
Page A-4
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Local Maintaining Agency Authorizing ResolutionResolution No. __________A Resolution by theof theAuthorizing a Proposal for funding from the Department of Water Resources and Designating a Representative to Execute the Agreement and any Amendments thereto, for theProjectWHEREAS, theis a CaliforniaPublic Agency with responsibility for flood maintenance and authority of the Project facilities;WHEREAS theacknowledgesthat it must submit a new operations, maintenance, repair, rehabilitation, and replacement agreementwith the Central Valley Flood Protection Board prior to the receipt of Flood Maintenance Assistance Program funds;WHEREAS, theis authorized to enter into an agreement with the Department of Water Resources and the State of California;THEREFORE, BE IT RESOLVED by theof theaThat pursuant and subject to all of the terms and conditions of the Budget Act of, theauthorize the, or designee, to execute the funding agreementwith the Department of Water Resources and any amendments thereto.That the, or designee, shall prepare the necessary data,make investigations, and take other such actions as necessary and appropriate to obtain fundingfor theProject.CERTIFICATIONI hereby certify that the foregoing Resolutionwas duly and regularly adopted by theoftheat themeeting held on, motion byandseconded by, motion passed by the following vote:AYES:NOES:Attest:_______________________________ Page B-1
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Attorney Certification(The Applicant’s attorney shall answer the following questions regarding this proposal and where indicated, shall cite statutory authority or other references.)Is the Applicant a political subdivision of the State of California? ( ) YesCitation:Does the Applicant have legal authority to enter into a Funding Agreement with theState of California? ( ) Yes ( ) NoCitation:What steps are required by law for the Applicant to sign a Funding Agreement withthe State?Citation:What is the statutory authority under which the Applicant may obtain funds for thepurpose, amount, and duration requested?Citation:What is the statutory authority under which the Applicant was formed and is authorizedto operate?Citation:Is the Applicant required to hold an election before entering into a funding contractwith the State? ( ) Yes ( ) NoCitation:
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Will an agreement between the Applicant and the State be subject to reviewand approval by other governmental agencies? ( ) Yes ( ) NoIdentify all such agencies:Citation:Describe any pending litigation that impacts the financial condition of the Applicantorthe operation of flood management facilities. If none is pending, sostate.Does the Applicant have legal authority and jurisdiction to implement a floodcontrol program? ( ) Yes ( ) NoBy Date(Signature of Applicant Agency’s Attorney)(Printed Name of Applicant Agency’s Attorney) (Bar No.)(Name of Applicant Agency) Page C-
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FLOOD MAINTENANCE ASSISTANCE PROGRAM GUIDELINES
STATE OF CALIFORNIATHE DEPARTMENT OF WATER RESOURCES
23 24
Ver. 05-2023
TABLE OF CONTENTS PageSECTION 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……………………………………………………………………..APPENDICESAPPENDIX– OMRR&R Agreement ACRONYMS AND ABBREVIATIONSCVFPB Central Valley Flood Protection BoardDWR Department of Water ResourcesFMAP Flood Maintenance Assistance ProgramLMA Local Maintaining AgencyLOI Letter of IntentMA Maintenance AreaO&M Operations and MaintenanceOMRR&R Operations, Maintenance, Repair, Rehabilitation, and ReplacementPSP Proposal Solicitation PackagePL Public LawSPFC State Plan of Flood ControlSWIF System Wide Investment FrameworkUSACE United States Army Corps of EngineersVer. 05-2023
1.0 INTRODUCTIONSection 1. Program OverviewThe Flood Maintenance Assistance Program (FMAP) is a programprovid state fundsfor eligible maintenance activities to Local Maintaining Agencies (LMAs), includingMaintenance Areas (MAs), for the purpose of obtaining acceptable maintenance of the StatePlan of Flood Control facilities (levees, channels, and structures).1The 2017 Central Valley Flood Protection Plan (CVFPP) update recognized that the operation and maintenance (O&M) of the State Plan of Flood Control (SPFC) facilities has beenchronically underfunded. In response to this need,the Budget Act of 20, appropriated funding to the Department of Water Resources (DWR) for Operations,Maintenance, Repair, Rehabilitation, and Replacement (OMRR&R) costs. It is DWR’s intentto work in collaboration with the Central Valley Flood Protection Board (CVFPB) to allocate aportion 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 hasdeveloped this new program for the ongoing administration of these funds and estimates thatover $10 million will be available in the first year 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, andemergency response. Supporting goals of the CVFPP are to improve operations andmaintenance, promote ecosystem functions, improve institutional support, and promote multi-benefit projects.The FMAP will partner with LMAs to work towards sustainable O&M by:Providing State funds through a cost-share based program to LMAs to reduce theaccumulation of deferred maintenance.Providing technical assistance to enable the LMAs to effectively perform themaintenance activities in an efficient manner.Securing new OMRR&R assurance agreements between LMAs and the CVFPB.Promoting consolidation or regional governance of LMAs so SPFC facilities can bemore efficiently and effectively maintained.Sustaining and improving eligibility for United States Army Corps of Engineers (USACE)Public Law (PL) 84-99 Program enrollment and ultimately compliance with USACEO&M manual requirements.1Wat. Code, § 9110, subd. (f).
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Section 2. Program DescriptionIt is the Legislature’s intent that DWR use the FMAP funds to reduce future costs to taxpayersassociated with OMRR&R related costs and encourage local consolidation where possible.Consistent with this intent, one requirement of the FMAP program is that a local entity must sign an updated OMRR&R assurance agreement prior to receiving funds.To receive FMAP funding, LMAs shall conform to all flood reporting requirements includingreporting information as required by Assembly Bill 156 (Stats. 2007, ch. 368).2DWR willconfirm that the required documents and information has been received prior to disbursingany funds under the FMAP program.DWR will work with the LMAs to fund the development of USACE Letters of Intent (LOI) andSystem Wide Improvement Framework plans (SWIFs), and associated supporting documentsas well as fund eligible maintenance activities to help LMAs attain acceptable maintenancelevels for SPFC facilities, first targeting eligibility for the PL 84-99 Program, and eventuallyobtaining compliance with USACE O&M manual requirements set forth in the Code of FederalRegulations, Title 33, Section 208.10. DWR will work with funding recipients to fund short-termeligible maintenance activities which may include deferred maintenance items as well as otheritems including rodent abatement and damage repair, and minor erosion and stability repair.Section 3. Funding AuthorityFMAP funds were authorized and appropriated by the California Budget Act of to DWRfor costs of operations, maintenance, repair, rehabilitation, and replacement of state floodcontrol levees and infrastructure. It is the intent of Legislature to fund this program annually.Funds shall be available for expenditures for operations and maintenance of locallymaintained levees and related activities that reduce state liability and reduce future costs totaxpayers.Section 4. Cost-Sharing RequirementsThe FMAP does not require a local cost share for eligible maintenance activities. However,matching funds for O&M activities may be provided according to the terms of any futureProposal Solicitation Process (PSP), and each of the program criteria must be met for theLMA to receive fundingSection 5. Eligible ApplicantsAn applicant must be a local public agency (LMA) withSection 6. Eligible ActivitiesThe development of LOIs or SWIFs and associated supporting documents.Preparation of an engineering report(s) and other documents needed to secure sufficient funding to perform OMRR&R activities.2Water Code, Division 5, Part 4, Chapter 9 (sections 9110-9142, inclusive).
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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: Levee and channel vegetation managementRodent abatement and damage repairMaintenance of levee slopes and patrol roadsMinor erosion, seepage, and stability repairsChannel scour repairAddressing USACE and DWR identified levee deficiencies and unacceptable problemsMaintenance of structures and other SPFC facilitiesEncroachment managementDebris and obstruction removalSmall sediment removalFMAP performance will be measured by the execution of a new assurance agreement with the CVFPB and flood reporting compliance. NOTEthat 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:Levee vegetation control;Rodent damage;Levee slope erosion / slips;Encroachments;Unacceptable / minimally acceptable PL 84-99 problems;Channel hydraulic capacity; and,All other O&M activities required by Code of Federal Regulations, title 33, section208.10 and O&M Manual standardsIneligible ActivitiesTo maximize the use of state funding and to avoid any potential duplication of funds, the following limitations will be applied:No O&M funding for LMAs eligible for Delta Subventions Program fundingNo funding for O&M of levees that were recently improved, or are to be improved underthe Early Implementation Program/Urban Flood Risk Reduction Program or a USACEprojectFunding will be limited to maintenance activities identified in the LMA’s submittal that isnot currently covered by local fundingSection 7. Project CostsEligible project costs include the reasonable costs of preparation of environmental documentation, environmental mitigation, monitoring, and project construction, and
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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 indebtedness, any interest payments, orcosts associated with project financing,4. Costs incurred as part of any necessary response and cleanup activities required underthe Comprehensive Environmental Response, Compensation, and Liability Act;Resource Conservation and Recovery Act; Hazardous Substances Account Act; orother applicable law.5. Duplicate work to obtain new data that the State already has available, unlesspreviously approved by the State or waived by the State.6. Travel, meals, refreshments, and other per diem costs.7. Costs of preparing and filing grant or other funding applications.8. Any indirect costs. “Indirect Costs” means those costs that are incurred for a common orjoint purpose benefiting more than one cost objective and are not readily assignable tothe 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; generaladministration of the Funding Recipient; non-project-specific accounting and personnelservices performed within the Funding Recipient’s organization; depreciation or useallowances 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-agreementfor 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 StateConflict of Interest and ConfidentialityAll 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. Applicablestatutes include, but are not limited to, Government Code section 1090 and Public ContractCode sections 10410 and 10411.As part of the conflict of interest requirements, individuals working on behalf of a FundingRecipient 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 forPolitical Reform Act purposes.
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Applicants should be aware that when submitting a proposal to the State, they will waive theirrights 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 HarmlessAs part of the funding agreement, applicants shall indemnify and hold harmless the State, itsofficers, 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 ComplianceAs 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 subjectto reimbursement from the funding agreement to assure that the prevailing wage provisions ofthe Labor Code are being met. Current Department of Industrial Relations (DIR) requirementsmay be found at:http://www.dir.ca.gov/lcp.asp. For more information, please refer to DIR’sPublic Works Manual at:http://www.dir.ca.gov/dlse/PWManualCombined.pdf. The fundingrecipient 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 shallnot proceed until documents that satisfy the CEQA process are received by DWR and theDWR has completed its CEQA compliance. Any work funded under FMAP that is subject toCEQA shall not proceed until and unless approved by DWR; such approval is fullydiscretionary. If CEQA compliance by the funding recipient is not complete at the time afunding agreement is executed by the parties, once DWR has considered the environmentaldocuments, it may decide to require changes, alterations, or other mitigation to the Project; orto not fund the Project. Should the State decide to not fund the Project, the funding agreementshall be terminated.Competitive Bidding and Contractor HiringAs 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 ofcompetitive bids and undertaking competitive negotiations. If a funding recipient does nothave a written policy to award contracts through a competitive bidding or sole source process,
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the Department of General Services’State Contracting Manualrules must be followed. Thisdocument is available at:.Section 10. Guidelines AmendmentsAny or all of the eligibility criteria, requirements, or procedures specified in these Guidelinesmay be changed, substituted or terminated, and/or other criteria may be added at the State’sdiscretion. They may also be changed as a result of the State legislative actions associated with the passage of the annual State Budget Act or other legislation. Amendments to thefinal Guidelines will be publicly posted for at least a 45-day public comment period prior tofinalization.Section 11. Directed Funding In addition to soliciting competitive grants, DWR may use FMAP funds for direct expendituresor directed activities that fulfill the intent of the legislation and DWR priorities. Directexpenditure projects are projects proposed by DWR either in response to a solicitation from astakeholder, 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 evaluated by the same eligibility criteria ascompetitive grants.
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Agreement NoOMRR&R AgreementOPERATION, MAINTENANCE, REPAIR, REPLACEMENT, AND REHABILITATIONAGREEMENT BETWEENThe Central Valley Flood Protection BoardANDFORThis Operation, Maintenance. Repair, Replacement, and Rehabilitation Agreement (“OMRR&RAgreement”) is entered into by and between the State of California (“State”), acting by andthrough the Central Valley Flood Protection Board, or any successor thereto, (“Board”) andthe(“Funding Recipient”) on this _____ day of______________, _______ in view of the following circumstances: Flood Maintenance Assistance Program (FMAP) funds were authorized andappropriated by the California legislature for costs associated with improving theoperations, maintenance, repair, rehabilitation, and replacement of state floodcontrol levees and infrastructure of Local Maintaining Agencies (LMAs), pursuantto 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 solicitedapplications for funding for its FMAP program.The Funding Recipient applied for funding and has signed a Funding Agreement. ThisFunding agreement is between the State of California Department of Water Resourcesand the__________________________________________________for_____________________________________________(“Funding Agreement”).The Funding Agreement provides that the Funding Recipient will be responsible foroperation, maintenance, repair, replacement, and rehabilitation (“OMRR&R”) of StatePlan of Flood Control facilities.The Department has agreed to enter into the Funding Agreement on the condition thatthe Funding Recipient enters into this OMRR&R Agreement for State Plan of FloodControl facilities within the jurisdiction of the Funding Recipient.
Agreement No. 3. The Funding Recipient already has responsibility for OMRR&R for the existing portionsof the State Plan of Flood Control facilities within the jurisdiction of the FundingRecipient.Levee and channel vegetation managementRodent abatement and damage repairMaintenance of levee slopes and patrol roadsMinor erosion, seepage, and stability repairsChannel scour repairAddressing USACE and DWR identified levee deficiencies and unacceptable problemsMaintenance of structures and other SPFC facilitiesEncroachment managementDebris and obstruction removalSmall sediment removal“Funding Agreement:”The agreement between the State of California Department of WaterResources and the __________________________________________________________for _____________________________________ dated ____________“Funding Recipient:”A public agency in the State of California, duly organized, existing, andacting pursuant to the laws thereof, which is the signatory to the Funding Agreement and this OMRR&R Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED: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 successorthereto.“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 WaterResources 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 includesall activities required under Code of Federal Regulations, title 33, section 208.10 and the O&M Manual Standards, such as:
Reclamation District ####2023-FMAP-RD####-01Ver. 05-2023 Agreement No. “OMRR&R Agreement:”This agreement between the Central Valley Flood Protection Board and the ________________________________________________________ for OMRR&R ofthe 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 ResourcesCode 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 thejurisdiction of the Funding Recipient. The duties of the Funding Recipient to performOMRR&R for the State Plan of Flood Control facilities within the jurisdiction of theFunding Recipient shall be accomplished in a manner that does not diminish theflood protection afforded by or jeopardize the structural integrity of the State Plan ofFlood Control facilities within the jurisdiction of the Funding Recipient, and the floodcontrol system of which those facilities are a part. The duties of the FundingRecipient 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 allclaims and damages, including claims based upon inverse condemnation, arisingfrom the operation, maintenance, repair, replacement, or rehabilitation of the StatePlan of Flood Control facilities within the jurisdiction of the Funding Recipient.he Funding Recipient shall reimburse the Board in full for all reasonablecosts and attorneys’ fees, including, but not limited to, those charged to it by theCalifornia Office of Attorney General, that the Board incurs in connection with thedefense of any action brought against the Board arising from the operation,maintenance, repair, replacement, or rehabilitation of the State Plan of Flood Controlfacilities within 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, aswell as their successors and assigns free and harmless from any and/or all claims ordamages arising out of or in connection with the obligations herein assumed by theFunding Recipient, including any responsibility for claims or damages arising out ofwork performed by the State on the State Plan of Flood Control facilities within thejurisdiction of the Funding Recipient for which the State may be held liable and anyclaims based upon inverse condemnation.he Funding Recipientshall reimburse the Board in full for all reasonable costs and attorneys’ fees,
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Agreement No. but not limited to, those charged to it by the California Office of AttorneyGeneral, 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 Rehabilitate1. The Funding Recipient hereby accepts responsibility for OMRR&R for the StatePlan of Flood Control facilities within the jurisdiction of the Funding Recipient.Specifically, the Funding Recipient shall be responsible for OMRR&R in accordancewith applicable federal laws, including without limitation, compliance with O&Mrequirements contained in Code of Federal Regulations, title 33, section 208.10,Board Resolution No. 2018-06 and future amendments thereto, and applicableOperation and Maintenance manuals for the State Plan of Flood Control facilitieswithin the jurisdiction of the Funding Recipient, any revised or updated version ofthe Operation and Maintenance Manual, or any supplement to the Operation andMaintenance Manual.2. The Funding Recipient hereby gives State the right to enter, at reasonable timesand in a reasonable manner land which it owns or controls for access to for thepurpose of: (i) conducting subsequent inspections to verify that the FundingRecipient is complying with its obligations under this OMRR&R Agreement; and (ii)operating, maintaining, repairing, replacing, or rehabilitating any part of the StatePlan of Flood Control facilities within the jurisdiction of the Funding Recipientlocated at or in conjunction with any present or future flood control plan if in thereasonable judgment of State, the Funding Recipient fails to comply with itsobligations under this OMRR&R Agreement. In the event the State assumes title toany of the land to which the Funding Recipient needs access to fulfill the obligationsset forth in the paragraph, the State grants an irrevocable license to the FundingRecipient 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 inthis OMRR&R Agreement or the requirements of the manuals mentioned above, theState may take appropriate actions including proceedings to establish amaintenance area under Water Code section 12878 et seq.If the Funding Recipient fails to fulfill its obligations under this Agreement and if thefailure or refusal constitutes, in the sole discretion of the State, a threat to thecontinued ability of the of the State Plan of Flood Control facilities within thejurisdiction of the Funding Recipient to perform in a manner necessary to provide itsdesigned level of flood protection, then the State, after notifying the FundingRecipient and providing a sixty (60) day opportunity to cure period, (except in thecase of an emergency), may in its sole discretion develop a work plan and present itto the Funding Recipient with instructions that if the Funding Recipient does not
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Agreement No. agree to carry out, or is unable to carry out, the work plan within the time specifiedin 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 shalloperate 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 faithfulperformance pursuant to this OMRR&R Agreement.SECTION II: Hazardous SubstancesThe 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 discovers through an environmentalinvestigation or other means that any lands, easements, or rights of way that have beenacquired or provided for OMRR&R of State Plan of Flood Control facilities within thejurisdiction of the Funding Recipient contain hazardous substances regulated understate and federal Hazardous Substances Laws, the Funding Recipient shall promptlynotify the State of that discovery.B. That in the event hazardous substances regulated under state and federal HazardousSubstances Laws have been found, the Funding Recipient shall initiate and completeany and all necessary response and cleanup activity required under state and federalHazardous Substances Laws, which shall include any studies and investigationsnecessary to determine the appropriate response to the contamination. Payment for thecosts of such necessary response and cleanup activity as required under state andfederal Hazardous Substances Laws shall be made by the Funding Recipient. In theevent that the Funding Recipient fails to provide the funds necessary for response andcleanup activity required under state and federal Hazardous Substances Laws or tootherwise discharge the Funding Recipient’s responsibilities under this Paragraph B,then the State may perform the necessary response and cleanup activity, and theFunding Recipient shall reimburse the State in accordance with the procedures set out inthis OMRR&R Agreement. If the State performs the necessary response and cleanupactivity required under state and federal Hazardous Substances Laws, the State shallconsult with the Funding Recipient concerning the selection of the person(s) to performthe work, the amount of money to be spent on the work, the scope of the work, and anyother aspect of response and cleanup activity.C. That the Funding Recipient shall consult with the State in order to ensure thatresponsible persons under state and federal Hazardous Substances Laws ultimatelybear all necessary response and cleanup costs as defined in state and federalHazardous Substances Laws.D. That the Funding Recipient shall operate, maintain, repair, replace, and rehabilitateState Plan of Flood Control facilities within the jurisdiction of the Funding Recipient in a
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Agreement No. 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, arefound to be liable under state and federal Hazardous Substances Laws for the release orthreatened release of hazardous substances arising out of the operation, maintenance,repair, replacement, or rehabilitation of the portions State Plan of Flood Control facilitieswithin the jurisdiction of the Funding Recipient, then the Funding Recipient shallindemnify 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 astheir successors and assigns, may be found to be liable under state and federalHazardous Substances Laws.he Funding Recipient shall reimburse theState for all reasonable costs and attorneys’ fees, including, but not limited to, thosecharged to it by the California Office of Attorney General, that the State incurs inconnection with the defense of any action brought against it arising from the release orthreatened release of hazardous substances arising out of the operation, maintenance,repair, replacement, or rehabilitation of the portions State Plan of Flood Control facilitieswithin the jurisdiction of the Funding Recipient.No decision made or action taken pursuant to any provision of this OMRR&R Agreementshall relieve any responsible person from any liability that may arise under state andfederal Hazardous Substances Laws, nor shall such decision or action be considered awaiver by the State or the Funding Recipient of any right to seek from any responsibleperson as defined by state and federal Hazardous Substances Laws the recovery,contribution of, or indemnification from costs incurred by the State or the FundingRecipient for response or cleanup activity required under state and federal HazardousSubstances Laws, nor shall such decision or action be considered a waiver by the Stateof any other right or remedy provided by law.SECTION III: Authorization for Delegation or SubcontractingThe 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: DisputesBefore 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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Agreement No. SECTION V: Obligation of Future Appropriations The parties agree that nothing herein shall constitute, or be deemed to constitute, an obligationof future appropriations by the Legislature of the State of California.SECTION VI: Term of Agreement; AmendmentThe effective date of this OMRR&R Agreement is the date it is signed by all parties. TheOMRR&R Agreement will continue in full force and effect unless terminated or amended upon written consent of all parties. SECTION VII: NoticesAll 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 anddelivered personally or mailed by first class (postage pre-paid), registered, or certified mail, asfollows:A party may change the address to which such communications are to be directed by givingwritten 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 bedeemed to have been received by the addressee at such time as it is personally delivered orseven (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 includedin to this OMRR&R AgreementSECTION IX: AuthorityThe Funding Recipient has provided a copy of a resolution adopted by its governing bodydesignating a representative to execute this OMRR&R Agreement. This resolution issubstantially the same as the draft resolution provided in to this OMRR&R Agreement.
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Agreement No. IN WITNESS WHEREOF, the parties hereto have executed this OMRR&R Agreement.By__________________________Date: __________________________Approved as to Legal Formand Sufficiency: ____________________________Date: __________________________Approved as to Legal Formand Sufficiency: ____________________________Date: __________________________Date: __________________________By__________________________Page 1-82023-FMAP-RD####-01Reclamation District ####Reclamation District ####Reclamation District #### Ver. 05-2023
Agreement No. STANDARD CONDITIONS OF OMRR&R AGREEMENT1. GOVERNING LAW: This OMRR&R Agreement is governed by and shall be interpreted inaccordance 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 mutualagreement of the Parties, except insofar as any proposed amendments are in any waycontrary to applicable law. Requests by the Funding Recipient for amendments must be inwriting stating the amendment request and the reason for the request. State shall have noobligation to agree to an amendment.4. SUCCESSORS AND ASSIGNS: This OMRR&R Agreement and all of its provisions shallapply to and bind the successors and assigns of the parties. No assignment or transfer ofthis OMRR&R Agreement or any part thereof, rights hereunder, or interest herein by theFunding Recipient shall be valid unless and until it is approved by State and made subject tosuch reasonable terms and conditions as State may impose.5. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each ofthe parties hereto and their duly authorized representatives shall have the right to inspect and tomake copies of any books, records, or reports of either party pertaining to this OMRR&RAgreement or matters related hereto. Each of the parties hereto shall maintain and shall makeavailable at all times for such inspection accurate records of all its costs, disbursements, andreceipts with respect to its activities under this OMRR&R Agreement. Failure or refusal byFunding Recipient to comply with this provision shall be considered a breach of this OMRR&RAgreement, 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: Funding Recipient shall not sell,abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any mannerwhatsoever all or any portion of any real or other property necessarily connected or used inconjunction with the existing portions of the State Plan of Flood Control facilities within thejurisdiction of the funding recipient , or with Funding Recipient’s service of water, without priorpermission of State. Funding Recipient shall not take any action, including but not limited toactions relating to user fees, charges, and assessments that could adversely affect the ability ofFunding Recipient meet its obligations under this OMRR&R Agreement, without prior writtenpermission of State. State may require that the proceeds from the disposition of property beremitted to State.7. NO THIRD-PARTY RIGHTS: The parties to this OMRR&R Agreement do not intend to createrights in, or grant remedies to, any third party as a beneficiary of this OMRR&R Agreement, orof any duty, covenant, obligation or undertaking established herein.
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Agreement No. 8. OPINIONS AND DETERMINATIONS: Where the terms of this OMRR&R Agreement providefor 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 hereto may sue and be sued withrespect to this OMRR&R Agreement.10. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for theenforcement of this OMRR&R Agreement is not exclusive and shall not deprive the party usingsuch 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 orunenforceable, such shall be severed from the whole and the OMRR&R Agreement shallcontinue as modified.12. WAIVER OF RIGHTS: None of the provisions of this OMRR&R Agreement shall be deemedwaived unless expressly waived in writing. It is the intention of the parties here to that from timeto time either party may waive any of its rights under this OMRR&R Agreement unless contraryto law. Any waiver by either party of rights arising in connection with the OMRR&R Agreementshall not be deemed to be a waiver with respect to any other rights or matters, and suchprovisions shall continue in full force and effect.13. TERMINATION FOR CAUSE: The State may terminate this OMRR&R Agreement shouldFunding Recipient fail to perform the requirements of this OMRR&R Agreement at the time andin the manner herein provided.14. INDEPENDENT CAPACITY: Funding Recipient, and the agents and employees of FundingRecipients, in the performance of the OMRR&R Agreement, shall act in an independentcapacity and not as officers, employees, or agents of the State.15. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interestlaws. Applicable statutes include, but are not limited to, Government Code section 1090 andPublic Contract Code sections 10410 and 10411, for State conflict of interest requirements.A. Current State Employees: No State officer or employee shall engage in anyemployment, activity, or enterprise from which the officer or employee receivescompensation or has a financial interest, and which is sponsored or funded by anyState agency, unless the employment, activity, or enterprise is required as acondition of regular State employment. No State officer or employee shall contract onhis or her own behalf as an independent contractor with any State agency to providegoods or services.B. Former State Employees: For the two-year period from the date he or she left Stateemployment, no former State officer or employee may enter into a contract in whichhe 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 inany capacity by any State agency. For the twelve-month period from the date he or Page A-22023-FMAP-RD####-01Reclamation District ####
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Agreement No. 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 shallcomply with all applicable provisions of law pertaining to conflicts of interest,including but not limited to any applicable conflict of interest provisions of theCalifornia Political Reform Act. (Gov. Code, § 87100 et seq.)D. Employees and Consultants to the Funding Recipient: Individuals working on behalfof a Funding Recipient may be required by the Department to file a Statement ofEconomic Interests (Fair Political Practices Commission Form 700) if it is determinedthat an individual is a consultant for Political Reform Act purposes.LABOR CODE COMPLIANCE: The Funding Recipient agrees to be bound by all applicableprovisions of the Labor Code regarding prevailing wages and shall monitor all contracts subjectto this OMRR&R Agreement to assure that the prevailing wage provisions of the Labor Code arebeing 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 WorksManual at:https://www.dir.ca.gov/dlse/PWManualCombined.pdf. The Funding Recipient affirmsthat it is aware of the provisions of section 3700 of the Labor Code, which requires everyemployer 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 before commencing theperformance of the work under this OMRR&R Agreement and will make its contractors andsubcontractors aware of this provision.AMERICANS WITH DISABILITIES ACT: By signing this OMRR&R Agreement, FundingRecipient 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 as allapplicable 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 of sex(gender), sexual orientation, race, color, ancestry, religion, creed, national origin(including language use restriction), pregnancy, physical disability (including HIV and AIDS),mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital status,and denial of medialand family care leave or pregnancy disability leave. Funding Recipient andits contractors or subcontractors shall ensure that the evaluation andtreatment of their employees and applicants for employment are free from suchdiscrimination and harassment. Funding Recipient and its contractors or subcontractorsshall 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 areincorporated into this Agreement by reference. Funding Recipient and its contractors orsubcontractors shall give written notice of their obligations under this clause to labororganizations with which they have a collective bargaining or other agreement. Funding Page A-32023-FMAP-RD####-01Reclamation District ####
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Agreement No. 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 thisFunding Agreement, Funding Recipient, its contractors or subcontractors hereby certify,under penalty of perjury under the laws of State of California, compliance with therequirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and haveor will provide a drug-free workplace by taking the following actions:A. Publish a statement notifying employees, contractors, and subcontractors thatunlawful manufacture, distribution, dispensation, possession, or use of a controlledsubstance is prohibited and specifying actions to be taken against employees,contractors, or subcontractors for violations, as required by Government Codesection 8355.B. Establish a Drug-Free Awareness Program, as required by Government Codesection 8355 to inform employees, contractors, or subcontractors about all of thefollowing: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 employee assistance programs, andiv. Penalties that may be imposed upon employees, contractors, and subcontractorsfor drug abuse violations.C. Provide, as required by Government Code section 8355, that every employee,contractor, and/or subcontractor who works under this Funding Agreement:i. Will receive a copy of Funding Recipient’s drug-free policy statement, andii. Will agree to abide by terms of Funding Recipient’s condition of employment,contract or subcontract.20. UNION ORGANIZING: Funding Recipient, by signing this OMRR&R Agreement, herebyacknowledges the applicability of Government Code 16645 through 16649 to this OMRR&RAgreement. Furthermore, Funding Recipient, by signing this OMRR&R Agreement, herebycertifies 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 disbursed for a specific expenditureby this OMRR&R Agreement to show those funds were allocated to that expenditure.C. Funding Recipient shall, where State funds are not designated as described in (b)above, allocate, on a pro rata basis, all disbursements that support the program.D. If Funding Recipient makes expenditures to assist, promote, or deter unionorganizing, Funding Recipient will maintain records sufficient to show that no Statefunds were used for those expenditures and that Funding Recipient shall providethose records to the Attorney General upon request.
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Agreement No. 21. COMPUTER SOFTWARE: Funding Recipient certifies that it has appropriate systems andcontrols in place to ensure that state funds will not be used in the performance of thisOMRR&R Agreement for the acquisition, operation, or maintenance of computer software inviolation of copyright laws.22. DELIVERY OF INFORMATION, REPORTS, AND DATA: Funding Recipient agrees toexpeditiously 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 inaccordance with Public Contract Code section 7110, that:A. The Funding Recipient recognizes the importance of child and family supportobligations and shall fully comply with all applicable state and federal laws relating tochild and family support enforcement, including, but not limited to, disclosure ofinformation and compliance with earnings assignment orders, as provided in FamilyCode section 5200 et seq.; andB. The Funding Recipient, to the best of its knowledge is fully complying with theearnings assignment orders of all employees and is providing the names of all newemployees to the New Hire Registry maintained by the California EmploymentDevelopment Department.24. INSPECTIONS OF OMRR&R BY STATE: State shall have the right to inspect the workbeing 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 provisionsensuring such access in all its contracts or subcontracts entered into pursuant to its FundingAgreement with State.25. ACCESS: The Funding Recipient shall ensure that the State, or any authorizedrepresentative of the foregoing, will have safe and suitable access to the portions of theState Plan of Flood Control facilities within the jurisdiction of the Funding Recipient at allreasonable times during the term of this Agreement.26. VENUE: The State and the Funding Recipient hereby agree that any action arising out ofthis Agreement shall be filed and maintained in the Superior Court in and for the County ofSacramento, California, or in the United States District Court in and for the Eastern Districtof California.
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Agreement No. OMRR&R ResolutionResolution No.__________________________Resolved by the ______________________________________________________________of the _______________________________________________________________________that pursuant and subject to all of the terms and provisions of Budget Act of , that fundsawarded to _________________________________________________________ by theDepartment 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 committedto signing an additional agreement with the Central Valley Flood Protection Board, or successorthereto, 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, andreplacement 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: _____________________________Printed Name: _____________________________Title: ____________________________Clerk/Secretary: _____________________________ Page B-12023-FMAP-RD####-01Reclamation District ####Reclamation District ####Reclamation District ####2023-FMAP-RD####-01Reclamation District ####2023-FMAP-RD####-01Reclamation District ####Ver. 05-2023 2023
Agreement No. State Audit RequirementsThe following provides a list of documents typically required by State Auditors andgeneral guidelines for Funding Recipients. The list of documents pertains to both State funding and Funding Recipient’s Funding Match and details the documents/records thatState 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 AuditInternal Controls1. Organization chart (e.g., Agency’s overall organization chart and organization chartfor the State-funded Program/Project).2. Written internal procedures and flowcharts for the following:a) Receipts and depositsb) Disbursementsc) State reimbursement requestsd) Expenditure tracking of State fundse) Guidelines, policy, and procedures on State-funded Program/Project3. Audit reports of the Agency internal control structure and/or financial statementswithin the last two years.4. Prior audit reports on the State-funded Program/Project.State Funding:1. Original Funding Agreement, any amendment(s) and budget modificationdocuments.2. A listing of all grants, loans or subventions received from the State.3. A listing of all other funding sources for each Program/Project.Contracts:1. All subcontractor and consultant contracts and related or partners documents, ifapplicable.2. Contracts between the Agency and member agencies as related to the State-fundedProgram/Project.Invoices:1. Invoices from vendors and subcontractors for expenditures submitted to the State forpayments under the Funding Agreement.2. Documentation linking subcontractor invoices to State reimbursement, requests, andrelated Funding Agreement budget line items.
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Agreement No. 3. Reimbursement requests submitted to the State for the Funding Agreement.Cash Documents:1. Receipts (copies of warrants) showing payments received from the State.2. Deposit slips (or bank statements) showing deposit of the payments received fromthe State.3. Cancelled checks or disbursement documents showing payments made to vendors,subcontractors, consultants, and/or agents under the grants or loans.4. Bank statements showing the deposit of the receipts.Accounting Records:1. Ledgers showing entries for funding receipts and cash disbursements.2. Ledgers showing receipts and cash disbursement entries of other funding sources.3. Bridging documents that tie the general ledger to requests for Funding Agreementreimbursement.Administration Costs:1. Supporting documents showing the calculation of administration costs.Personnel:1. List of all contractors and Agency staff that worked on the State-fundedProgram/Project.2. Payroll records including timesheets for contractor staff and the Agency personnelwho provided services charged to the programProject Files:1. All supporting documentation maintained in the Project files.2. All Funding Agreement related correspondence.
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RESOLUTION NO. 2024-
Adopted by the Sacramento City Council
July 30, 2024
Authorizing a Local Maintaining Agency Resolution Fiscal Year 2024-2025 for the Flood Maintenance Assistance Program under the Budget Act of 2024 between the City of Sacramento and the Department of Water Resources
BACKGROUND
A. On July 31, 2024, the City of Sacramento will submit a grant application to the Department of Water Resources (DWR) for the 7th round Flood Maintenance Assistance Program (FMAP) FY2024/25. DWR has reviewed the City of Sacramento’s draft application package and has determined that the City’s Local Maintaining Agency (LMA) is eligible for funding and could possibly award the City a not-to-exceed amount of $825,000 for Funding Agreement No. 2025-FMAP- NA5-01.
B. The State of California Budget Act of 2023 is replaced by the California Budget Act of 2024, which requires a Local Maintaining Agency Authorizing Resolution.
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 sign the funding agreement between the City and the State of California, Department of Water Resources, which enables the City to receive funding under the Budget Act of 2024.
Section 2. The City Manager or the City Manager’s designee is authorized to execute all documents related to the funding agreement and take other actions as necessary and appropriate to secure the 7th FMAP funding under the Budget Act of 2024.