California Code of Regulations › Title 23 - Waters › Division 2 - Department of Water Resources › Chapter 2.7.1 - Flood Protection Corridor Program of the Costa-Machado Water Act of 2000 › Section 497.9 - Grant Contract Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before
				the Department will enter into a grant contract, the sponsor shall develop a
				work plan satisfactory to the Department. To assist the sponsor to develop a
				work plan, the Department may visit the project site to assess its conditions
				and needs and may confer with the project sponsor, project supporters, and
				other local officials, agencies, and organizations with an interest in the
				project. The Department may convey recommendations and information obtained
				from these efforts to the sponsor. The work plan shall reflect the specific
				schedule and components of the project. The sponsor may revise the work plan
				from time to time during project execution with the approval of the
				Department.
(b) The project
				sponsor, and all members of a joint sponsoring organization, shall provide
				copies of resolutions from their organizations accepting the grant and
				authorizing specific individuals to sign the contract on behalf of
				each.
(c) The Department may enter
				into a contract before the sponsor has obtained all applicable permits, but may
				not disburse any funds to be used for project construction until the sponsor
				has complied with all applicable federal, State, and local laws, rules and
				regulations, and obtained all required permits,
(d) If a contract is not signed within six
				months of the date the grant is awarded, the grant may be withdrawn.
(e) All contracts shall be signed by the
				sponsor, and, if the sponsor is a joint sponsoring organization, all the member
				organizations. If the sponsor is a nonprofit organization that is not
				incorporated, it must designate a fiscal agent satisfactory to the Department
				to act on its behalf, and provide evidence that the fiscal agent agrees to so
				act.
(f) The contract shall require
				the sponsor to make a progress report to the Department, as described in
				Section 497.10, as a prerequisite to each
				grant disbursement. The Department will monitor progress and may withhold up to
				100 percent of the currently requested grant payment if progress is not
				satisfactory.
(g) The contract
				shall require the sponsor to submit a written completion report as described in
				Section 497.10.
(h) The contract shall provide that 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.
(i) The contract shall
				specify the percentage of each payment, not to exceed 10 percent, to be
				withheld to ensure completion of the project.
(j) The contract shall either define project
				completion milestones, at which time payment of grant funds will be made for
				completed work, or state that payment will be made quarterly in arrears upon
				receipt of invoices.
(k) The
				contract shall require the sponsor to prepare a maintenance plan as described
				in Section
				497.11.
(l) The contract shall provide, but not be
				limited to the following:
(1) The sponsor
				will assure that the project will be operated, maintained, repaired, replaced
				and rehabilitated until the Department determines that it is no longer
				necessary.
(2) The sponsor will
				perform the maintenance with its own forces, or will employ another agency or
				organization satisfactory to the Department.
(3) The sponsor will control encroachments on
				the project facilities and properties, whether unauthorized or permitted, and
				will not permit any encroachments that will adversely affect the function or
				maintenance of the project facilities and properties.
(4) The Department shall have access at all
				times to monitor the effectiveness of maintenance of the completed facilities
				and the properties for which interests were purchased.
(5) If the Department deems maintenance
				measures, repairs, replacements or rehabilitation necessary, and the sponsor
				does not, in the opinion of the Department, provide these services promptly,
				the Department may upon 30 days' written notice enter upon the property and
				perform the required work, and bill the sponsor and the sponsor will pay the
				cost of any work so performed.
(6)
				The sponsor will hold and save the State free and harmless from any and all
				claims or damages arising out of or in connection with the planning, design,
				construction, operation, maintenance, repair, replacement, or rehabilitation of
				the project facilities and properties.