California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.4 - Grant Program Under the Urban Creeks Restoration and Flood Control Act of 1985 › Section 451.6 - Contract Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior
				to entering into a contract, representatives of the Department may visit the
				project site to assess its conditions and needs, and then meet with all the
				project sponsors, co-sponsors, endorsers, and any other local officials,
				agencies and/or organizations with an interest in the project to develop a work
				plan. The work plan shall reflect the specific schedule and components of the
				project, and incorporate recommendations made by the Department. The work plan
				shall be attached to and become a part of the contract between the Department
				and the applicant. The Department may require all individuals or organizations
				it believes to be integral to the effective completion and long-term
				maintenance of the project to endorse the work plan.
(b) The project sponsors must provide an
				opportunity for public comment, unless the Department waives this requirement
				for good cause. A public meeting held to adopt a resolution to support the
				project or accept a grant will satisfy this requirement. Grants that involve
				trash and debris clean up only may be exempted from the public comment
				requirement. A contract will be signed by the Department only after the sponsor
				provides copies of resolutions from the sponsor and all co-sponsors accepting
				the grant and authorizing specific individuals to sign the contract on the
				behalf of each.
(c) The Department
				may enter into a contract before the sponsors and/or co-sponsors have obtained
				all applicable permits, but may not disburse any funds to be used for project
				construction until the sponsors and/or co-sponsors have complied with all
				applicable federal, State and local laws, rules and regulations, and obtained
				all required permits.
(d) All
				applicable requirements of the California Environmental Quality Act (California
				Public Resources Code sections
				21000-
				21177)
				and applicable regulations shall be compiled with prior to entering into a
				contract.
(e) If a contract is not
				signed within six months of the date the priority list is approved, the grant
				may be withdrawn or revised.
(f)
				All contracts shall be signed by all the sponsors and co-sponsors. If the
				sponsor is a citizens' group that is not a non-profit corporation, it must
				designate a fiscal agent to act on it's behalf, and provide evidence that the
				fiscal agent agrees to so act.
(g)
				The contract shall require the sponsors and/or co-sponsors to submit a written
				report of the project to the Department upon completion. The report must
				include photographs of planning and restoration activities and
				techniques.
(h) The contract shall
				include, as part of the work .plan, a plan for the long-term management or
				maintenance of the stream which the project will affect.
(i) The Department may withhold up to 10
				percent of the grant amount until the project and final report are complete to
				the Department's satisfaction.
(j)
				During planning and construction the Department may inspect the project at any
				reasonable time to ensure it is being carried out in accordance with the work
				plan, and after completion to ensure that it is being properly
				maintained.
1. New section
				  filed 9-20-90; operative 10-10-90 (Register 90, No. 44).
Note: Authority cited: Section
					 7048, Water
					 Code. Reference: Section
					 7048, Water
					 Code, Sections
					 5907(e)(3),
					 5917,
					 5918
					 and
					 5919,
					 Public Resources Code.