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HomeMy WebLinkAboutStaff Report 3.A 09/19/2016Agenda Item #3.A DATE: September 19, 2016 TO: Honorable Mayor and Members of the City Council through City Manager �f FROM: a of i RASCE.— Director, Public Works and Utilities E� Z e .E. — Deputy Director, Public Works and Utilities SUBJECT: Resolution Authorizing the City Manager to Execute the Flood Emergency Response Projects Sub - Grantee Agreement between Marin County Flood Control and Water Conservation District and City of Petaluma RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing the City Manager to Execute the Flood Emergency Response Projects Sub - Grantee Agreement between Marin County Flood Control and Water Conservation District and City of Petaluma. BACKGROUND In cooperation with the Sonoma County Water Agency (SCWA), and the United States Geological Service (USGS), the City maintains and operates a series of stream level gauges as part of the regional Flood Alert System. These gauges send water level and precipitation data to the web based computer system to allow public safety managers to monitor in real time during periods of potential flooding. The City, as a member of the North Bay Watershed Association (NBWA), works collaboratively with regional agencies on water resources projects. The NBWA applied for State Department of Water Resources State Flood Emergency Response Projects grant funding in early 2015, and was notified on October 2, 2015, that it was awarded $520,102. The subject grant is being administered by the Marin Flood Control and Water Conservation District (MFCWD) with the City of Petaluma, the Sonoma County Water Agency, and the Napa County Flood Control and Water Conservation District participating as partners. The City of Petaluma was specifically awarded $85,180 towards the Stream and Precipitation Gauge Upgrade Project. Petaluma's project is estimated to cost $151,180 with the balance to be paid from SCWA Zone 2A and City storm drainage impact fees as shown in chart below. The City project, C16301620,was approved in the FY 16/17 budget and will upgrade all 26 existing City owned stream and precipitation gauges from Alert to Alert2 communication capabilities. Alert2 technology differs from Alert in that it is much faster, carries more information, and operates 99.9% error free. The project will include the following upgrades to the existing solar powered gauges: new receivers and decoders, two new base stations, new solar panels, 18 -hour cell batteries, and staff training on the system upgrade. In addition to the Alert2 system upgrade, there is funding specifically for a City Flood Safety Plan update. The Alert2 upgrade will allow the emergency response team to access reliable real time conditions during flood events. The upgraded communication links will better serve the Emergency Operation Center and enable quicker decision - making for flood response such as closure of streets and evacuation of neighborhoods. The Alert2 upgrade is being implemented by agencies statewide. The proposed action meets Council Goals: "Maintain a Safe Petaluma" and "Plan for and implement priority capital projects as funding permits." DISCUSSION On July 19, 2016, the MFCWCD Board of Supervisors approved the agreement under the Flood Emergency Response Projects— Statewide Grant Round 2, included as Attaclu-nent 2, with the California Department of Water Resources in the amount of $520,102 with $85,180 to be provided to the City of Petaluma as a sub - grantee to the agreement. MFCWCD then offered the subject Sub - Grantee Agreement, included as Attachment 3, to the City. In addition to the sub - grantee agreement with Marin, an amendment to the Sonoma County Water Agency Zone 2A Stream Gauge Agreement authorizing additional Zone 2A funds for grant match is being brought to City Council for approval as a separate agenda item. Under the State Grant and Sub - Grantee Agreement, the City will purchase and install the equipment needed to upgrade the existing 26 gauges. In coordination with the City Fire Department and City Engineer, the Flood Safety Plan will be updated to meet the State's requirements. All project related work and staff training will be completed, as required, within three years from the date that the State Grant Agreement is executed by MFCWCD. The project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(f), addition of safety or health protection devices for existing facilities. FINANCIAL IMPACTS The project is funded by the State Department of Water Resources, the City of Petaluma and the Water Agency through Zone 2A under a proposed funding agreement. The following is a breakdown of the total project budget and the approved project budget for FY 16 -17: Project Administration $ 6,000 $ 6,000 $ - ALERT2 Upgrade Equipment Purchase $ 112,180 $ 112,180 $ - Equipment Installation /Training $ 15,000 $ 15,000 $ - Flood Safety Plan $ 15,000 $ 15,000 CIP Overhead $ 3,000 $ 3,000 $ - TOTAL $ 151,180 $ 136,180 $ 15,000 Funding Sources Storm Drainage Impact Fees . (Overhead) $ 13,000 $ 13,000 $ - SCWA Zone 2A Assessments $ 53,000 $ 53,000 $ - State DWR Grant $ 85,180 $ 70,180 $ 15,000 TOTAL $ 151,180 $ 136,180 $ 15,000 *FY 16/17 Budget includes $17,000 of unspent funds from FY 15/16 which will be added to current FY as part of the mid -year budget adjustment. The multi -year budget for this project is $151,180. The FY 16/17 approved CIP Budget for this project is $119,000. $17,000 of unspent funds from FY 15/16 will be added to the FY 16/17 budget, bringing the total FY 16/17 budget to $136,180. The additional FY 17/18 budget of $15,000, brings the total project budget to $151,180. Upon approval of the subject Sub - Grantee Agreement and the SCWA Zone 2A grant match amendment, the CIP budget will be adjusted to match the grant funded project and will be presented for approval with the first quarter budget adjustments. ATTACHMENT 1. Resolution 2. Agreement between the State of California Department of Water Resources and the Marin County Flood Control and Water Conservation District Under the Flood Emergency Response Projects — Statewide Grant Round 2 3. Flood Emergency Response Projects Sub- Grantee Agreement by and between the Marin County Flood Control and Water Conservation District and the City of Petaluma for the project entitled: City of Petaluma Projects 3 Attachment 1 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE THE FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BETWEEN THE MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND THE CITY OF PETALUMA WHEREAS, the City of Petaluma maintains and operates a series of stream level and precipitation gauges as part of the regional Flood Alert System and Petaluma Watershed; and WHEREAS, the City is a member of the North Bay Watershed Association which is a partnership among regional agencies for working collaboratively on water resources projects; and WHEREAS, the North Bay Watershed Association applied for State Department of Water Resources State Flood Emergency Response Projects grant finding in early 2015 with the intent to upgrade gauges from Alert to Alert2; and WHEREAS, on October 2, 2015, the Watershed Association received notification that it was awarded $520,102 in grant funds; and WHEREAS, the State Flood Emergency Response Projects grant is being administered by the Marin Flood Control and Water Conservation District with multiple agencies participating as a partnership, including the City of Petaluma; and WHEREAS, on July 19, 2016, the Marin Flood Control and Water Conservation District Board of Supervisors authorized a grant disbursement agreement to be executed with the California Department of Water Resources in the amount of $520,102 in grant funds with $85,180 of this total to be provided to the City of Petaluma as a sub - grantee to the agreement; and WHEREAS, the City has approved a capital improvement project with a multiyear budget of $151,180 for the completion of the Alert2 Stream and Precipitation Gauge Update Project; and WHEREAS, the project has been found to be Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(f) addition of safety or health protection devices for existing facilities. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Petaluma hereby authorizes the City Manager to execute the Flood Emergency Response Projects Sub - grantee Agreement for the Alert2 Stream and Precipitation Gauge Upgrade Project with the Marin County Flood Control and Water Conservation District in the amount of $85,180. 4 Attachment 2 Contract No. 4600011353 STATE OF CALIFORNIA THE NATURAL RESOURCES AGENCY DEPARTMENT OF WATER RESOURCES AGREEMENT BETWEEN THE STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES AND MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT UNDER THE FLOOD EMERGENCY - RESPONSE PROJECTS - -STATEWIDE GRANT ROUND 2 THIS AGREEMENT, made in quadruplicate and effective as of the last date of the required signatures of the parties, is entered into by and between the Department of Water Resources of the State of California (hereinafter called the State), and Marin County Flood Control and Water Conservation District (hereinafter called the Grantee) for the Flood Emergency Response Projects — Statewide Grant Round 2, The State and the Grantee agree as follows: SECTION 1 PURPOSE OE AGREEMENT This Agreement is made by and between the State and the. Grantee to assist in financing a Flood Emergency Response Projects — Statewide Grant Round 2 project pursuant to Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Section 75032 of Chapter 3 of Division 43 of the Public Resources Code). Grant funds may be used only as provided in this Agreement for such Eligible Project Costs as set forth in the project description and budget, copies of which are incorporated herein by this reference and set forth in Exhibit A,. Scope of Work and Exhibit B, Budget which describe tasks to be accomplished and costs associated with those tasks under this Agreement. SECTION 2 SCOPE AND TERM OF AGREEMENT This Agreement shall remain in effect for three (3) years from the date of execution. The date of execution shall be the last date of the required .signatures of the parties to the Agreement. Certain activities specified in this Agreement have a different term such as maintenance responsibilities of the Grantee which continue in perpetuity. This Agreement incorporates: Exhibit A — Scope of Work. Exhibit B — Budget Exhibit C — Schedule Exhibit D — Standard Terms Exhibit E — Planned Maintenance Activities Page 1 of 42 Contract No. 4600011353 SECTION 3 PROJECT SCHEDULE AND COSTS Grantee shall diligently perform or cause to be performed all project work in accordance with the Project Schedule set forth in Exhibit C or as otherwise approved by the State in writing. The total project costs (identified in Exhibit B) are estimated to be $520,102. SECTION 4 STATE GRANT AND ELIGIBLE PROJECT COSTS Pursuant to the California Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84), and subject to the availability of funds, including any mandates from the Department of Finance, the Pooled Money Investment Board, or any other State authority, the State will reimburse the Grantee, in accordance with the terms of this Agreement, in an amount equal to the Grantee's eligible expenditures for this project not to exceed $520,102 as the State Share, as identified in Exhibit B, Budget. The State will not make payments of any kind until funding is made available by the State Treasurer, after allocation decisions are made by the Pooled Money Investment Board and Department of Finance. Grantee shall use State funds received only for Eligible Project Costs which are incurred only during the effective term of this agreement, with the exception of approved reimbursable application costs. Invoices eligible for reimbursement shall reflect work performed after the effective date and before the termination date of the agreement. Work performed before the effective date, or after the termination date, of the agreement is not eligible for reimbursement under this funding agreement. Eligible Project Costs include only the reasonable and necessary actual costs directly related to the Scope of Work (Exhibit A). Travel expenses will not be reimbursed unless travel is preapproved by the State Project Manager, SECTION 5 GRANTEE'S COST SHARE AMOUNT The Grantee agrees to fund the difference, if any, between the actual project cost and the State Grant (Section 4). SECTION 6 INCORPORATION OF STANDARD TERMS AND GRANTEE COMMITMENTS In addition to Exhibits A, B, and C this Agreement by this reference incorporates Exhibit D, Standard Terms, and Exhibit E, Planned Maintenance Activities. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations and statements. made by the Grantee in the Application, documents, amendments and communications filed in support of its request for financing. Page 2 of 42 Contract No. 4600011353 SECTION 7 METHOD OF PAYMENT The Grantee shall submit invoices and supporting documentation on a quarterly'basis. All payments will be made to the Grantee upon receipt of an invoice by the. State of California, Department of Water Resources, 3310 El Camino Avenue, Room 200, Sacramento, California 95821, to the attention of John Paasch, Project Manager for the State. Invoices should include contract number and work'plan element identification. The Grantee shall meet all conditions for disbursement of money under this Agreement, including the provisions of the Conditions for Disbursement which is located in Exhibit D. Failure by Grantee to comply may, at the option of the State, result in termination of the Agreement. SECTION 8 PROGRESS REPORTS AND STATEMENTS OF COSTS The Grantee shall submit quarterly progress reports, starting.with the end of the first complete calendar quarter after date of execution, describing the status of the Project and containing a statement of costs to the State. The submittal and approval by the State of these reports is a requirement for continued disbursement of State Grant funds. Progress reports shall include a record of expenditures, description of project activities since the previous report, status of the project relative to the scope of work, progress schedule and key issues that must be resolved. Additionally, if the Grantee is aware of .any anticipated problems, obstacles, or issues that could affectthe project budget, schedule, or scope of work, they should be discussed in the progress reports. MODIFICATION OF OVERALL SCOPE OF WORK. At the request of the Grantee, the State may at its sole discretion approve non - material changes to the portions of Exhibit A which concern the budget and schedule without formally amending this Agreement. Non - material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Funding Commitment set forth in Section 4. Non- material changes with respect to the Project schedule are changes that will not extend the term of this Agreement which is set forth in Section 2 of the Agreement. _Requests for non - material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State's Program Manager in writing. The Grantee may include a contingency fund in the budget provided in Exhibit A, of up to ten percent (10 %) of the overall budget. If there is a cost overrun with respect to an individual contract item or task of no more than 20% of the original estimate for that item or task, the State's Program' Manager may authorize the use of any available contingency fund or reallocation of unexpended funds for other individual contract items or tasks. If there is a cost overrun or decrease in allocated funds that exceeds 20% of the amount originally estimated for an individual contract item or task, the Grantee and the State must agree to amend the Agreement. Page 3 of 42 Contract No. 4600011353 If the Grantee and the State agree to a material change with respect to the Overall Work Plan that decreases the Project Cost in Section 4, the parties agree there shall be proportionate reduction in the limit on State funds set forth in Section 4. If the State Program Manager approves a material change pursuant to the provisions of this Section, the Grantee shall include information regarding the material change in the reports required by this Agreement. Within a reasonable time after the material change is approved, the State and the Grantee shall also formally amend this Agreement to reflect the material change. SECTION 9 FINAL REPORTS Upon project completion or termination, the Grantee shall submit a Final Report describing project activities and a report of expenditures (Final Financial Report) for the State's review and comment. The Final Report and Final Financial Report shall both be submitted within sixty (60) days of the project completion or termination. The Final Report shall describe the results of the project's activities, and include photographs of pre - project conditions and of the work completed. For any construction activity undertaken pursuant to and funded by this agreement, upon completion of the project the Grantee shall provide for a final inspection and- a written certification by a California Registered Civil Engineer that the project has been completed in accordance with final plans and specifications and any modifications thereto. Such certification shall be submitted to the State with a copy of the final report of project expenditures required in the paragraph below. The Grantee shall keep on file, for the useful life of the project, as built plans and specifications for the project. Such documents shall be made available for inspection by the State upon reasonable notice. The Final Financial Report documenting total project expenditures shall be submitted by the Grantee at the same time as the Final Report. SECTION 10 RELATIONSHIPS OF PARTIES The Grantee, its contractors, subcontractors, and their respective agents and employees required for performing any work under this Agreement shall act in an independent capacity and not as officers, employees, or agents of the State. Grantee is solely responsible for planning, design, construction, maintenance, and operation of the activity undertaken pursuant to and funded by this Agreement. Any review or approval by the State is solely for the purpose of proper administration of State funding and shall not be deemed to relieve or restrict Grantee's responsibility for its work. SECTION 11 PERMITS, LICENSES, APPROVALS AND LEGAL OBLIGATIONS The Grantee shall be responsible for-obtaining any and all permits, licenses and approvals required for performing .any work under this Agreement, including those necessary for planning and implementing the Project. The Grantee shall be responsible for complying with all applicable federal, State, and local laws, rules or regulations Page 4 of 42 Contract No. 4600011353 affecting any such work, specifically including, but not limited to, environmental, labor, procurement and safety laws, rules, regulations, and ordinances. Without limiting the foregoing, Grantee shall keep informed of and take all measures necessary to ensure compliance with the California Labor Code requirements, including but not limited to Section 1720 of seq. of the California Labor Code regarding public works, limitations on use of volunteer-labor (California Labor Code Section 1720.4), labor compliance programs (California Labor Code Section 1771.5), and payment of prevailing wages for work done under this Agreement, including any payments to the Department of Industrial Relations under California Labor Code Section 1771.3. Work that is subject to the California Environmental Quality Act (CEQA) and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the. State Project Manager. Such approval is fully discretionary and shall constitute a condition precedent to any work fbr which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to *fund the project or to require changes, alterations, or other mitigation. SECTION 12 GRANTEE'S RESPONSIBILITIES FOR WORK Grantee shall be responsible for work and for persons or entities engaged in work, including, but not limited to, subcontractors, suppliers, and providers or services. Grantee shall give personal supervision to any work required under this Agreement or employ a competent representative, satisfactory to State, with the authority to act for Grantee. Grantee or its authorized representative shall be present while work is in progress. Grantee shall give attention to the fulfillment of the Agreement and completion of the Project, and shall keep work within Scope of Work, project schedule and budget. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to bid disputes and payment disputes with the Grantee's contractors and subcontractors, The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work. SECTION 13 PERFORMANCES AND ASSURANCES Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for California Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) financing. Page 5 of 42 9 Contract No. 4600011353 Grantee agrees to faithfully and expeditiously perform or cause to be performed all Project work as described in the Scope of Work and to apply State funds received only to the Eligible Project Costs in accordance with applicable provisions of the law. DEFAULT PROVISIONS AND DISPUTE RESOLUTION Grantee shall be in default under this Agreement if any of the following occur: a) Substantial breaches of this Agreement, or any supplement or amendment to it; or any other agreement between Grantee and State evidencing or securing Grantee's obligations; or b) Making any false warranty, representation, or statement with respect to this Agreement or the application filed to obtain this Agreement; or c) Failure to make any remittance required by this Agreement. Should an event of default occur, State shall provide notice of default to the Grantee and shall give Grantee ten or more days to cure the default from the date the notice of default is sent via first -class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, State may do. any or all of the following: a) Declare the funds be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of default; b) Terminate any obligation to make future payments to the Grantee; c) Terminate the Agreement; and d) Take *any other action that if deems necessary to protect its interests, including but not limited to completing the work, and requiring the Grantee to pay the cost of the work, less the State cost share. SECTION 14 PROJECT OFFICIALS AND NOTICES The Project Manager for the State is John Paasch, Chief, Flood Operations Branch, Division of Flood Management, Department of Water Resources. The State's Program Manager shall be the Chief of the Division of Flood Management, Department of Water Resources. The State's Program Manager shall be the State's representative and shall have the authority to make determinations and findings with respect to each controversy arising under or in connection with the interpretation, performance, or payment for work performed under the Agreement. The State's Program Manager may delegate any task to the State's Project Manager. , Page 6 of 42 . 10 Contract No. 4600011353 The Grantee Project Manager shall be Roger Leventhal, The Grantee Project Manager shall be the Grantee's representative for the administration of the Agreement and shall have full authority to act on behalf of the Grantee, including authority to execute all payment requests. All communications given to the Project Manager shall be as binding as if given to the Grantee. Either party may change its representative upon written notice to the other party. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Agreement shall be in writing to the Project Manager. Notices required to be given to the State in writing by the Grantee under this Agreement shall be sent to: State of California Department of Water Resources Flood Operations Branch 3310 El Camino Avenue, Room 200 Sacramento, CA 95821 Notices required to be given to the Grantee in writing by the State under this Agreement shall be sent to: Roger Leventhal Senior Engineer Marin County Flood Control and Water Conservation District 3501 Civic Center Drive, ##304 San Rafael, CA 94913 A change of address for delivery or notice may be made by either party by written notice of such change of address to the other party. Notices may be sent by any of the following means: delivery in person, by certified U.S. Mail, 'postage prepaid, by "overnight" delivery service or, electronic transmission followed by submittal of a hard copy. SECTION 15 MAINTENANCE OF PROPERTY IMPROVED Grantee agrees to use, manage, and maintain the property developed, rehabilitated, or restored with the grant funds provided in this Agreement consistent with the purposes of the program and is required to continue in perpetuity or until deemed no longer necessary by the State. Specific maintenance activities are outlined in Exhibit E, Planned Maintenance Activities, The Grantee or their successors may, with the approval of the State, transfer this responsibility to use, manage, and maintain the property as discussed in Exhibit D, Standard Terms: Easements. Such title transfer will occur in a way that binds the new owner to the same obligations. Page 7 of 42 Contract No. 4600011353 IN WITNESS HEREOF, the following authorized representatives have executed this Agreement as of the date first above written and approved as to Legal form and sufficiency. MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT By: - Raul Rojas Director Public Works Date: 214, b� Approved as to Legal Form and Sufficiency By: lunZ Ed Kiernan Deputy County sel Date: -� IYL& STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES By: - Keith-E.- Swartset -; GN8f&--/&c s, ac t; cad z Division of Flood Management Date: q, /2_11(ol Approved as to Legal Form and Sufficienc By: Robin Brewer Assistant Chief Counsel - 1 Date: Page 8 of 42 T2 Contract No. 4600011353 Attachments List of Exhibits: Exhibit'A — Scope of Work Exhibit B — Budget Exhibit C — Schedule Exhibit D — Standard Terms Exhibit.E — Planned Maintenance Activities Page 9 of 42 13 EXHIBIT A Contract No. 4600011353 Exhibit A Project Scope of Work, Tasks & Deliverables the North San Francisco Bay Counties Flood Emergency Preparedness and Response Improvement Project Introduction This exhibit presents the description and deliverables for each of the funded tasks under the California Department of Water Resources (DWR) Flood Emergency Response Projects — Statewide Grant Round 2 (FERP) awarded to the North San Francisco Bay Counties Flood Emergency Preparedness and Response Improvement Projects. For this grant application, Marin County Flood Control and Water Conservation District is in partnership with the County of Marin, the Sonoma County Water Agency, the City of Petaluma, and the Napa County Flood Control & Water Conservation District. Marin County Department of Public Works will be the prime agency and maintain the primary agreement with DWR. This document contains each of the individual work plans for each partner agency. The individual work plans are in the following order: • Marin County Department of Public Works Flood Control and Water Conservation District (MCFCD) Sonoma County Water Agency (SCWA) City of Petaluma Napa County Flood Control and Water Conservation District (NCFCWCD) Any flood safety plan created under this grant project will include the minimum content requirements of California Water Code Section 9650: 1. A flood preparedness plan that includes storage of materials that can be used to reinforce or. protect a levee when a risk of failure exists. 2. A levee patrol plan for high water situations. 3. A flood -fight plan for the period before State or federal agencies assume control over the flood fight. 4. An evacuation plan that includes a system for adequately warning the general public in the event of a levee failure, and a plan for the evacuation of every affected school, residential care facility for the elderly, and long -term health care facility. 5. A floodwater removal plan. 6. A requirement, to the extent reasonable, that either of the following applies to a new building in which the inhabitants are expected to be essential service providers: Page 10 of 42 14 EXHIBIT A Contract No. 4600011353 a. The building is located outside an area that may be flooded. b. The building is designed to be operable shortly after the floodwater is removed. All safety plans shall be integrated into any other local agency emergency plan and coordinated with the State emergency plan. Marin County Mood Control and Water Conservation District The approved- tasks under the DWR FERP grant will improve flood planning and preparedness and reduce flood risks for Marin County. Upgrading existing gages will ensure that high quality real -time precipitation and stream data is used to inform emergency responders and the general public of possible flood threats. For Marin County, existing gages will be upgraded to ALERT2, and new gages will be added to expand and enhance our network to improve data collection and emergency response. The collected data will be used to develop new stream rating curves and improve hydrologic and hydraulic modeling capabilities to design future flood protection facilities. Summary Task List for Marin County Projects A summary task list (with major sub - tasks) of funded items under the FERP grant to be* implemented by Marin County are as follows: • Grant Administration • Task Mi - Preparation of Flood Safety Plan • Task.Mii - NIMS Compliance Training Task M1 - Upgrade existing gages to ALERT2 o Sub -Task M1.1 - Finalize site - design o Sub -Task M1.2 -Order and Install ALERT2 upgrade equipment • Task M2 — New ALERT2 Gages o Sub -Task M2.1 - Final site selection o Sub -Task M2.2 - Permitting and CEQA documents, if required o Sub -Task M2.3 - Order new gages and ALERT2 upgrades o Sub -Task M2.4 - Install gages; includes testing and adjustments • Task M3 — New and Updated Rating Curves • Sub -Task M3.1 - Prepare work orders for field survey and collection of velocity measurements and perform field work • Sub -Task M3.2 - Final data analysis and write -up and publication of new curves Page 11 of 42 15 EXHIBIT A Contract No. 4600011353 Detailed Work Plan for Each Task Grant Administration 1) Description and Scope This task includes budget for the coordination of project partners, interfacing with DWR staff, and preparation of quarterly reports and invoices in accordance with this work plan and those of our partners. 2) - Deliverables Quarterly progress reports and statements of cost as described in Section 8 of the Contract. Final reports as described in Section 9 of the Contract. Task Mi Flood Safety Plan for Marin County 1) Description and Scope Prepare a Flood Safety Plan in accordance with the June 2011 DWR template, in conformance with Water Code 9650, and consistent with AB 156 Guidelines. This plan will be prepared by Marin County Flood Control & Water Conservation District staff, with help from a qualified consultant if needed, in coordination with Marin County Office of Emergency Services staff. The approved Plan will be a standalone document and will be integrated into Marin County's Emergency Operations Plan. 2) Deliverables Draft Flood Safety Plan reviewed by DWR and the final Flood Safety Plan adopted by the Board of Supervisors. . Task Mii NIMS Training 1) Description and Scope The Marin County Flood Control & Water Conservation District will complete NIMS /SEMS combined compliance training under this task. We have budgeted for four staff members, who serve flood control emergency management roles, to complete the following independent study courses through FEMA's Emergency Management Institute: IS- 100.13: Introduction to Incident Command System and Page 12 of 42 16 EXHIBIT A Contract No, 4600011353 IS- 200.B: ICS for Single Resources and Initial Action Incidents, and will cover IS 700 and IS800 at a minimum. 2) Deliverables ® Certificates of completion. Task M1 Upgrade Existing Gages to ALERT 2 Sub -Task M1 1 - Finalize site design and perform radio studies as required 1) Description and Scope Under this task the County will finalize the sites for the new gages and prepare a map of confirmed locations. 2) Deliverables Map of confirmed locations with a short summary on the selection process. Sub -Task M1 2 — Ordering Installation and Testing of ALERT2 upgrade Equipment 9) Description and Scope This sub -task includes the ordering and installation of the. new rain and stream gages. The District has worked out the equipment purchase specifications with High Sierra Electronics for the new gages. This work includes an. upgrade to the base station on Mt. Tamalpais to transmit ALERT2 data for real -time monitoring during storm events to the OneRain site in Colorado for viewing on the internet. The upgraded ALERT2 gages will be tested to confirm the upgrades are successful and the connection to OneRain is operable 2) Deliverables Technical memorandum summarizing the equipment installed and where, including summary of the testing procedure with example data reports, pictures, and also including cut sheets and specifications for purchased materials Page 13 of 42 17 EXHIBIT A Contract No. 4600011353 Task M2 - New ALERT2 Gages Under this task, the County will install new rain and stream (stage) gages in four critical watersheds. These additional gages will allow is to monitor and track storm events in real -time and to calibrate our hydraulic models to better design flood control measures. The rain gage will be equipped with a tipping- bucket and data logger which will be operated by battery and solar power. All work will be conducted in accordance with manufacturer specifications and requirements, which includes upgrading our field transmitters from the current ALERT models to ALERT2 and antenna upgrades. Sub -Task M2.1 - Finalize Site Selection 1) Description and Scope The proposed location of all weather and stream gages are public buildings and property, however, not all sites are owned by the county so some access agreements will need to be negotiated. If at any particular site, we somehow fail to negotiate an access agreement, we will relocate the gage to another near -by location. 2) Deliverables Deliverable is map of final sites with brief description of work to be performed Sub Task M2.2 - Permitting and Filing Final Notice of Exemption and Process CEQA documents. 1) Description and Scope We do not expect permits to be required for any of the gage sites. 2) Deliverables Deliverable will be the completed permit documents available upon request by DWR staff. An update will be provided in each quarterly as to the status of this sub -task. Page 14 of 42 18, EXHIBIT A Contract No. 4600011353 Sub Task M2.3 - Ordering and Installation of New ALERT2 Gages 1) Description and Scope The District has worked out all the equipment purchase protocols with High S.ierra Electronics (available upon request) and the OneRain Company for the new gages and ALERT2 hook -up. If a radio study is required, it will be performed under this subtask. 2) Deliverables Technical memorandum summarizing the equipment installed and where, including summary of the testing procedure with example data reports,. pictures, and also including cut sheets and specifications for purchased materials. Sub Task M2.4 — Gage Testing and Adiustments with OneRain 1) Description and Scope Under this task, the gages will be tested and confirmed use with OneRain who maintain the real -time weather data on their website. 2) Deliverables Confirmation of Real time web connection of new gages on the OneRain website data site for Marin County. OneRain A for Marin Data is https•//marin onerain.com/home.ghp Task M3 — New and Updated Rating Curves Under this task we will update stream rating curves. The three creeks to be gaged include two tributaries to Corte Madera Creek in Ross Valley (Fairfax creek and San Anselmo creek) and ACMdP creek that runs through Mill Valley. This task is to prepare new and /or updated stream rating curves for three gage locations in the County. M3 consists of two sub - tasks, one to prepare work orders and to collect velocity data and the second to analyze the data and prepare the rating curves. ..Page 15 of 42 19 EXHIBIT A Contract No. 4600011353 Sub -Task M3 1— Prepare work orders for field survey and collection of velocity measurements and perform field work. 1) Description and Scope Under this task, work order to qualified contractors will be prepared that contain the requirements for field survey and collection of data and analysis for prepariong of updated rating curves, 2) Deliverables Work orders for preparation of new or updated rating curves. Sub -Task M3.2 — Final data analysis and write -up. 1) Description and Scope Under this task, the gages will be tested with OneRain who maintain the real -time weather data on their website. 2) Deliverables Technical memorandum containing a summary of the work performed and the method if analysis and results of the new rating curve. Marin County Contact Information Roger Leventhal, P.E. Senior Engineer Marin County Flood Control and Water Conservation District 3501 Civic Center Drive, #304 San Rafael, CA 94903 (415) 473 -3249 rleventha10,marin county. org Page 16 of 42 20 EXHIBIT A Contract No. 4600011353 Sonoma County Water Agency Funded Projects The approved tasks under the DWR FERP grant will provide increased environmental data collection for flood planning and situational awareness during a flood emergency. The project tasks include preparing a Flood Safety Plan for the Water Agency; developing and hosting two regional multi- agency, multi- discipline trainings in ICS /SEMS /NIMS; and installing, monitoring, and maintaining one rain gage and one stream gage in the Sonoma Valley. Summary Task List for Sonoma County Projects A summary task list (with major sub - tasks) of funded-items under the FERP grant to be implemented- by Sonoma County are as follows: • Task Si - Preparation of Flood Safety Plan • Task S1 — Regional ICS /SEMS /NIMS Training o Sub -Task S1.1 -Consultant selection o Sub -Task S1.2 - Develop curriculum, materials and deliver training • Task S2 — Sonoma Valley Stream and Rain Gages o Sub -Task S2.1 - Final site selection and environmental documentation o Sub -Task S2.2 — Procure and install rain gage o Sub -Task S2.3 - Procure, install, operate, and monitor GOES . stream gage (work will be performed by USGS) o Sub -Task S2.4 - Data Collection Detailed Work Plan for Each.Task Task Si Preparation of Flood Safety Plan 9) Description and Scope Prepare a Flood Safety Plan in accordance with the June 2011 DWR template, in conformance with Water Code 9650, and consistent with AB 156 Guidelines. This plan will be prepared by Sonoma County Water Agency staff, with help from a qualified consultant if needed. The approved Plan will be a standalone document and distributed to Sonoma County Fire and Emergency Services Department. Page 17 of 42 21 0 EXHIBIT A Contract No. 4600011353 2) Task Si - Deliverables Draft Flood Safety Plan to be reviewed by DWR..Final Flood Safety Plan adopted by the Board of Directors. Task S1 Regional ICSISEMS /NIMS Training Sub -Task S1.1— Consultant Selection 1) Description and Scope Perform a competitive selection process for a training consultant. The training consultant will be experienced and knowledgeable of flood response protocols as well as NIMS training compliance. 2) Deliverables The deliverable is a signed agreement with a qualified consultant. Sub -Task S1.2 — Develop Curriculum and Materials and Deliver Training 1) Description and Scope The NIMS IS -200 course is standardized for compliance with NIMS criteria. The consultant will modify the training details, examples, and exercises to emphasize typical flood-response activities and coordination among various agencies and jurisdictions. Area partners will include representatives from Napa, Sonoma, and. Marin counties. Additional representatives will be selected dependent upon infrastructure type for the training (e.g., dam scenario, levee scenario). Participants will review and provide input on the draft curricula prior to the trainings. 2) Deliverables Presentation materials and certificates of completion. Page 18 of 42 Ira EXHIBIT A Contract No. 4600011353 Task S2 Sonoma Valley Stream and Rain Gages Sub -Task S2.9 — Final Site Selection and Environmental Documentation 1) Description and Scope Final sites will be selected for the new stream and rain gages. In order to better capture cumulative stream discharge, a suitable site for the placement of the stream gage will be located on the lower reach of Nathanson Creek. The ideal rain gage location will be an area that offers protection from high winds that can cause gage undercatch, and far enough away from tall objects that can intercept rainfall. The ideal'rain gauge location will be in an area not easily accessible in order to avoid vandalism.' Both the stream and rain gages will be, placed on publicly owned lands, which are abundant in the study area. Th.e installation of the stream gage requires that the USGS file a Nationwide Permit 5 with the U.S. Army Corps of Engineers. Nationwide Permit 5 permits the installation of scientific measurement devices for the purpose of collecting data, including stream staff and current gages. The Water Agency will file a Notice of Exemption with the State of California prior to the installation of the rain gage. The rain gage will be- categorically exempt - under Class 6 of the California Environmental Quality Act, which allows for data collection activities that do not cause significant harm to a particular " environmental area. 2). Deliverables' Map of final sites with brief description of work to be performed Nationwide Permit 5 Notice of Exemption Sub -Task 82.2 — Procure and Install Rain Gage 1) Description and Scope The Water Agency will purchase and install one commonly available rain gage. 2) Deliverables Technical memorandum summarizing the equipment installed and location, including summary-of the testing procedure with sample data reports, pictures, cut sheets and specifications for purchased materials. Page 19 of 42 23 EXHIBIT A Contract No. 4600011353 Sub -Task S2.3 --- Procure, Install, Operate, and Monitor GOES Stream Gave (work will be performed by USGS) 1) Description and Scope The Water Agency will enter into an agreement with USGS to fund the purchase, installation, operation and monitoring of one stream gage. The Geostationary Operational Environmental-Satellites (GOES) stream gage will be owned and operated by USGS. To ensure measurement accuracy, the USGS will develop and maintain a rating curve by performing manual stream-discharge measurements, and correct the rating curve as needed. Staff anticipates the stream gage will be installed in October•2016. Data from the stream gage will transmit real -time stream data via the Geostationary Operational Environmental Satellites (GOES). The USGS will store, post- process, and ensure the accuracy of the collected data. The stream gage will capture data for three full winter seasons following installation and will be removed after the third full winter season. The State deems three full winter seasons of data collection to be the necessary duration of stream gage maintenance (refer to Section 15 of the FERP State Grant Agreement). 2) Deliverables Technical memorandum summarizing the equipment installed and location, including summary of the testing procedure and sample data reports, pictures, cut sheets and specifications for purchased materials Sub -Task S2.4 — Rain Gage Data Collection 1) Description and Scope The rain gage uses a tipping - bucket mechanism to record precipitation amounts with a date and time stamp. At least monthly, Water Agency staff will visit the site, download precipitation data from the rain gage onto a laptop, and *inspect the gage for proper operation. The State deems three full winter seasons of data collection to be the necessary duration of rain gage maintenance (refer to Section 15 of the FERP State Grant Agreement). Primary Contact Person Joan Hultberg Administrative Services Officer Sonoma County Water Agency (707) 547 -1902 Joan. HultbergPscwa.ca.gov Page 20 of 42 0021! EXHIBIT A Contract No. 4600011353 City of Petaluma Funded Projects A summary task list of funded items under the FERP grant to be implemented by. the City of Petaluma are as follows: Petaluma Task P1 - Preparation of Flood Safety Plan ® Petaluma Task P2 - Upgrade 16 existing gages to ALERT 2 o Ordering of ALERT 2 upgrade equipment o Installation of ALERT 2 upgrades to gages including software, testing and adjustments o Training on ALERT 2 system ® Petaluma Task P3 —Upgrade 10 new gages to ALERT 2 • Ordering of ALERT 2 upgrade equipment • Installation of ALERT 2 gage upgrades including software, testing and adjustments Training on ALERT 2 system Detailed Work Plan for Each Task Task Pi Preparation of Flood Safety Plan 9) Description and Scope Prepare a Flood Safety Plan in accordance with the June 2011 DWR template,in conformance with Water Code 9650, and consistent with AB 156 Guidelines.. This. plan will be prepared by City of Petaluma Public Works and Utilities staff in coordination with the City of Petaluma's Fire Department. Help from a qualified consultant will be on an as needed basis. 2) Deliverables Draft Flood Safety Plan reviewed by DWR. Final Flood Safety Plan. By whom completed: City of Petaluma Page 21 of 42 25 EXHIBIT A Contract No. 4600011353 Task P1- Upgrade 26 Existing and New Gages to ALERT2 1) Description and Scope The proposed system would provide an ALERT2 Base Station and decoder, including gel cell battery, battery charger and necessary serial and network cables. Upgrade existing and new gages to provide communication capabilities to that new base station. The updating of all 26 gages will include receivers and decoders, solar panels and 18 hour cell batteries. This will allow the emergency response team to access live conditions during extreme flood events within the Petaluma Watershed. The local and regional communication links will enable quicker decision making and implementation of protective actions for closure.of streets and evacuation of neighborhoods. The dynamics of the Petaluma Watershed and the City's ability to monitor the storm elevations in the upper reaches allow the management staff working the City Emergency Operations Center (EOC) to make rational projections as to the depth and intensity of flows expected within the next 2 -6 hours. Linking the EOC to existing National Weather Service and National Oceanic and Atmospheric Administration (NOAA) weather projection data will complete the decision making resources needed to meet the emergency needs of southern Sonoma County. Work will be completed concurrently, but are broken out as two separate tasks, Task P1.1 and Task P1.2. Task P1.1 - Upgrade 16 Existinq Gages to-ALERT2 Upgrade 15 existing precipitation and stream gages and 1 weather station gage from ALERT1 to ALERT2 to provide improved and accurate reporting capabilities to the City of Petaluma flood alert system. 1) Deliverables Technical memorandum summarizing the equipment installed and where, including summary of the testing procedure with example data reports, pictures, and also including cut sheets and specifications for purchased materials By whom completed: City of Petaluma and Consultant Page 22 of 42 Pie! Task P9.2 - Upgrade 10•New Gages to ALERT 2 Upgrade 10 new precipitation and stream gages from ALERT1 to ALERT2 to provide improved and accurate reporting capabilities to the City of Petaluma flood alert system. Order a Base Station ALERT 2 Received Decoder, including gel cell battery, battery charger and necessary serial and network cables. 1) Deliverables Technical memorandum summarizing the equipment installed and where, including summary of the testing procedure with example data reports, pictures, and also including cut sheets and specifications for purchased materials By whom completed: City of Petaluma and Consultant Primary Contact Person Erica Ahmann Smithies, P.E. Senior Civil Engineer City of Petaluma (707) 776 -3673 (707) 753 -1093 (cell) Page 23 of 42 27 . EXHIBIT A Contract No. 4600011353 Napa County Flood Control and Water Conservation District Introduction and Description As one of four North San Francisco Bay flood protection agencies participating in a. California Department of Water Resources (DWR) Flood Emergency Response Projects- Statewide Grant Round 2 program, the Napa County Flood Control and Water. Conservation District (District) has been selected for.funding Projects that. will consist of the following: 1. Preparing a Flood Safety Plan 2. Upgrading Napa County's existing flood warning stream and precipitation gauge network from ALERT1 to ALERT2 compatibility These Projects will improve flood planning. and preparedness and reduce flood risks for the County and City of Napa by ensuring flood safety planning is better coordinated and that high quality precipitation and stream gaging data is transmitted to the County website in order to inform emergency responders and the general public of possible flood threats and improve emergency decision making. Staff from the District and the City of Napa will facilitate planning activities, assist in task implementation, and oversee any specialized consultant work. Below is a list of Tasks associated with the District's activities covered under this grant: Task NJ — Preparation of Flood Safety Plan (FSP). Prepare a Flood Safety Plan in accordance with the June 2011 DWN template,in conformance with Water Code 9650, and consistent with AB 156 Guidelines.. This plan will be prepared by District staff, with help from a qualified consultant if. needed. The approved Plan will be a standalone document and distributed to Napa County and City. Fire and Emergency Services Departments. 1) Deliverables: Draft Flood Safety Plan reviewed by DWR. Final Flood Safety Plan adopted by the Board of Supervisors. Sub�Task N1.1— Upgrade of main repeater on ML St. Helena site from ALERTI to ALERT 2 Page 24 of 42 28 EXHIBIT A Contract No. 4600011353 This task will involve the purchase and installation of new in rack repeater, with associated transmission /receiving and connection equipment, at the City of Napa St. Helena communications site. This will enable ALERT and ALERT 2 signals at all stream /precipitation gauge sites. Work will be done by City of Napa Communications staff. 1) Deliverables: Technical memorandum summarizing the equipment installed and where, including summary of the testing procedure with example data reports, pictures, and also including cut sheets and specifications for purchased materials Sub -Task N1.2 — Install ALERT /ALERT 2 receiver /decoder at Sugarloaf communications site, ,orovidinq redundancy for primary data paths and preventinq data loss This task will involve purchasing and installing a rack mounted ALERT/ALERT 2 receiver /decoder, and associated transmission /receiving and connection equipment, for the Sugarloaf communications site on the Alert 1 & Alert 2 gauge frequency 171.8875 & 171.0625 MHz and connecting back via the internet to the OneRain Contrail data collector via the City of Napa network. Work will be completed. by Napa City Communications staff 1) Deliverables: Technical memorandum summarizing the equipment installed and where, including summary of the testing procedure with example data reports, pictures, and also including cut sheets and specifications for purchased materials Sub -Task N1.3 — Upgrade transmitters at approximately 25 existing stream /rain gauges sites to ALERT 2 compatibility This task will involve purchasing and installing new ALERT2 transmitters (HSE Model 3306) and associated equipment (GPS antenna, battery, modulator board, etc.) for approximately 25 stream /precipitation gauge sites. The work will be completed by Napa City and Napa County communications staff. 1) Deliverables: Technical memorandum summarizing the equipment installed and where, including summary of the testing procedure with example data reports, pictures and including cut sheets and specifications for purchased materials Page 25 of 42 29 EXHIBIT A Contract No. 4600011353 Contact Information; Jeremy Sarrow, Napa County Flood Control and Water Conservation District Jeremy. sarrow @countyofina pa. org, (707) 865 -0765 Darrell Norris, City of Napa, Telecommunications Specialist dnorris(a,cityofnapa,org, (707) 257 -9527 Page 26 of 42 EXHIBIT B Contract No. 4600011353 Exhibit B: Project Bud et The North San Francisco Bay.Counties Flood Emergency Preparedness and Response Improvement Project Task. Type: Description..'_ Matcfied DWRAuthorized Funidmg • . Funding . Total Funding Administration $ 25,633 $ _47,282 $ 72,915 mii rimADMIN PLANS Flood safety plan for Marin County $ - $ 20,000 $ 20,000 SEMS NIMS Response Training for Marin $ - $ 5,000 $ 5,000 ALERT2 Upgrade Marin- Finalize design and perform radio M1,1 ALERT2 studies as required $ 11800 $ - $ 1,800 ALERT2 Upgrade Mario- Ordering, installation and testing of M1.2 ALERT2 ALERT2 upgrade equipment $ 7,200 $ 60,000 $ 67,200 M2,1 ALERT2 New ALERT2 Gages Marin- Finalize site selection $ 2,400 $ - $ 2,400 New ALERT2 Gages Marin- Permitting and Filing Final Notice M2.2 ALERT2 of Exemption and Process CEQAdocunients $ 1,800 $ - $ 1,800 New ALERT2 Gages Marin- Ordering and installation of new M2.3 ALERT2 ALERT2 gages $ 24,000 $ 72,000 $ 96,000 New ALERT2 Gages Marin -Gage testing and adjustments M2.4• ALERT2 with OneRain $ 1,800 $ - $. 1,800 Rating Curves Marin- Prepare work orders for field survey and collection of velocity measurements and perform field M3.1 ALERT2 work $ - $ 24,000 $ 24,000 M3.2 ALERT2 Rating Curves Marin- Final data analysis and write -up $ 4,800 $ $ 4,800 Si PLANS Prepare Flood Safety Plan for SCWA $ - $ 20,000 $ 20,000 Regional ICS /SEMS /NIMS Training SCWA- Consultant S1.1 SEMS Selection $ 2,400 $ - $ 2,400 Regional ICS /SEMS /NIMS Training SCWA- Develop S1.2 SEMS curriculum and materials and deliver training $ - $ 12,000 $ 12,000 SCWA Gages - Final site selection and environmental S2.1 GAGES documentation $ 4,600 $ $ 4,600 S2,2 GAGES SCWA Gages - Procure and install rain gage $ 2,000 $ - $ 2,000 SCWA Gages - Procure, install, operate, and monitor GOES S2.3 GAGES stream gage (work performed by USGS) $ 6,000 $ 51,000 $ 57,000 S2.4 GAGES SCWA Gages -Rain Gage Data Collection $ 1,000 $ 2,000 $ 3,000 Pi PLANS Prepare Flood Safety Plan Petaluma $ - $ 15,000 $ 15,000 Petaluma Gages - Upgrade and maintain 16 existing gages to P1.1 -ALERT2 ALERT2 $ 7,305 $ 49,000 $ 56,305 Petaluma Gages - Upgrade and maintain 10 new gages to P1,2 ALERT2 ALERT2 $ 105,662 $ 21,180 $ 126,842 Ni PLANS Prepare Flood Safety Plan for Napa County $ - $ 15,000 $ 15,000 ALERT2 Upgrade Napa- Upgrade main repeater on Mt. St. N1.1 ALERT2 Helena site to ALERT2 ' $ 3,375 $ 20,400 $ 23,775 ALERT2 Upgrade Napa- Install ALERT /ALERT2 receiver /decoder at Sugerloaf communications site, providing redundancy for primary data paths and preventing N1.2 ALERT2 data loss $ 1,685 $ 15,600 $ 17,285 ALERT2 Upgrade Napa- Upgrade transmitters at . approximagely 25 existing stream /rain gages site to ALERT2 N1.3 ALERT2 compatibility $ 13,500 $ 70,640 $ 84,140' Grand Total $ 218,160 $ 520,102 $ 738,262 Page 27 of 42 31 n O n. H O m J w twig A w N w O N ro V P �+ A W N I N O t0 YN J Y In A W N N 4o N Y O (fl ' N a' CL c �+ m z ti 3 OP Z Z 'Do n o 0 o z to vt'a *5 v.7 a w a3i Z Z v �. ci N19 H Y r m w v r N v- .N N i� N f� a a 7•w 3 3 7 3 7 ,7 N N N N a W N H N Nom, -°+. 0 N t+ .o A Q D N Y'--{ A Itl N Y .-{N N_-� A ', 3 3 N n E- N t N O m c D c �• x'`m c C m t O °_' 3 w D 0 ?I x G) p ?l M x 0 M x o �• A 'fl ru — v n v n v v 0 o N H i Z Z "1 p'p 0^ Pl C j O. o W JNC- a x x O w N lT Q 7 a n N Z v. m 11. c t3" m c '9 N d •G N (D .� N h ~' -1 y n (D (D d (D �• (p M. m wN V3j -p-I Q K y a m 3 d '�� w tow o m o• v �° _ pO rr u eai to O_ '° .—^ m w `° G 3 a m ° n a m �, m O to to -i 3 T w i F ro n o w 0 A v a o S •� °. .0 _ a m 2 w T ti• o. E v ',� v °- on m 00 w y w q 'G-i •O N -j N x 7 N d A `< 3 o� !p 2 j !1 O y r'�j N v ° -0 K d v \1/, nw , a O A 3 m m m m< Z Dy X U) In v° N N? i 3 O 0 p N T c R ° D h o - D G) o F 0. C, NN .Q� GO i a-t A n c w n h Q N - N m -G N 30. (D O ° m °��' a �' 3 cq N j o m o o d4 u• — m c w � m n aq 0 1. CD o N a rD 3= � 33333 333 33333.33333- c c - c i'c 33333 Q' y .-r o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 F, m ro ry 0 0 0 0 0 o a7 to w co w V N N \ N N N \\ N T T T T T T T^ S^ C -i C -i C i T T T T T T i --1 3 3 S 3 3 T T T N m w G 0, V V J V Vl V a1 to G f0 a G (0 F+ N F' In m m a j j G j j V O1 V to NNN NN NNN \N\ \o� \YNY NN N'Y N \�Y Y \.W l0w H m to A Y t-` •\ \WN \G W Y o ?�++ pl tip+ p 0 a gym+ �paa� }}Y++ �Ya �F-'+ 10 tY° w tp l0 tYp t° lYp J t~p \ N ,\ \ i\-' t~O V lb 1~D l~D tp \ \ lNil t\i •\ t\-` D~0 ID J (D w rt m 1O m m to 00 w i w to {n . N N N r n A 1 r 4 No A v � 1 N 3 '3 jjj .4 —: w •3a2 U ( � A ' N w a � d 'o !• ZtZ.y C 4 ON f 4f z N 00 T O � P W W C7 32 EXHIBIT D Contract No. 4600011353 STANDARD TERMS 1. ACCOUNTING AND DEPOSIT OF GRANT DISBURSEMENT: a) Sgjparate Accounting -of State Grant Disbursements and Interest Records: The Grantee shall account for the money disbursed pursuant to this Agreement separately from all other Grantee's funds. The Grantee shall maintain audit and'accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. The Grantee shall keep complete and accurate records of all receipts, disbursements, and interest earned on expenditures of such funds. The Grantee shall require its contractors or subcontractors to maintain books, .records, and other documents pertinent to their work in accordance with generally. accepted accounting principles and practices. Records are subject to inspection by the State at any and all reasonable times. b) Disposition of Money Disbursed: All money disbursed pursuant to this Agreement shall be deposited, administered, and accounted for pursuant to the provisions of applicable law. c) Remittance of Unexpended Funds: The Grantee, within a period of sixty (60) days from the final disbursement from the State to the Grantee of State Grant funds,.shall_remit to the State any unexpended funds that were disbursed to the Grantee under this Agreement and were not needed to pay Eligible Project Costs. d) Interim and Final Audits: The State reserves the right to conduct an audit at any time between the execution of this Agreement and the completion of the Project, with the costs of such audit borne by the State. After completion of the Project, the State may require the Grantee to conduct a final audit, at the State's expense. Pursuant to Government Code Section 8546.7, the contracting parties shall be subject to the examination and audit of the State for a period of three years after final payment under the contract. All Grantee's records and the Grantee's subcontractors related to this agreement shall be retained for at least three years after project completion. . 2. ACKNOWLEDGEMENT OF CREDIT: The Grantee shall include appropriate acknowledgement of credit to the State and to all cost - sharing partners for their support when promoting the Project, erecting signs at the project site, or using any data and /or information developed under the Agreement. 3, AMENDMENT: This Agreement may be amended at any time by mutual agreement of the parties, except insofar as any proposed amendments are in Page 29 of 42 33 EXHIBIT D Contract No. 4600011353 any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. 4. AMERICANS WITH DISABILITIES ACT: By signing this Agreement, Grantee assures the 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 all applicable regulations and guidelines issued pursuant to the ADA. 5. ANTITRUST CLAIMS: Grantee shall comply with all applicable laws and regulations regarding securing competitive bids and undertaking competitive negotiations in Grantee's contracts with other entities for acquisition of goods, and services and construction of public works with funds provided by the State under this Agreement. 6- APPROVAL: This Agreement is of no force or effect until signed by all parties to the agreement. Grantee may not submit invoices, or receive payment until has all required signatures have been obtained. 7. AVAILABILITY OF FUNDS: Work to be performed under this contract is subject to availability of funds through the State's normal budget process. 8. CALIFORNIA CONSERVATION CORPS: As required in Water Code section 79038(b), Grantee shall examine the feasibility of using the California Conservation Corps or community conservation corps to accomplish the habitat restoration, enhancement and protection activities listed in the Scope of Work (Exhibit C), and shall use the services of one of these organizations whenever feasible. 9. CLAIMS DISPUTE: Any clairn that the Grantee may have regarding the 'performance of this agreement including, but not limited to, claims for additional compensation or extension .of* ' time, shall be submitted to the Project Manager, Department of Water Resources, within thirty (30) days of the Grantee's knowledge of the claim. Project Manager and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution. 10. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee shall comply with all applicable laws and regulations securing competitive bids and undertaking competitive negotiations in Grantee contracts with other entities for acquisition of goods and services and construction of public works with funds provided by State under this Funding Agreement. Page 30 of 42 34 EXHIBIT D Contract No. 4600011353 11. CONDITIONS FOR DISBURSEMENT: The State shall have no obligation to disburse money under this Agreement unless and until the Grantee has satisfied the State that the disbursement is in accordance with the requirements of the legislation creating the funding source for the grant funds. Before engaging in site modifications to be paid for from State funds, the grantee must complete the following: a) For Construction Projects, the Grantee must submit to the State, final plans and specifications certified by a California Registered Civil Engineer or equivalent documentation as to compliance with the approved Project. b) The Grantee must subrnit'a written statement by an authorized representative that it has obtained all necessary permits, easements, rights -of -way and approvals as may be required by other State, federal, and /or local agencies, as specified in Section 11 of this Agreement. c) The Grantee must demonstrate compliance with the California Environmental Quality Act and if applicable the National Environmental Policy Act by submitting copies of any environmental documents, including environmental impact reports, environmental impact statements, negative declarations, mitigation agreements, legal notices and environmental permits as may be required prior to modifying the Project site. d) The Grantee must demonstrate continuing availability of sufficient funds to complete the Project. e) The Grantee shall develop, and submit for State approval, a plan to minimize the impacts to adjacent landowners (California Water Code Section 79041, Division 26, Chapter 5, Article 2.5). This plan may require completion of a hydrologic and hydraulic study; and if so the specifications will be included in Exhibit A, the project Scope of Work. 12. CONFLICT OF INTEREST: a) Current State Employees: No state officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. No state officer or employee shall contract on his or her own behalf as an independent contractorwith any state agency to provide goods or services. Page 31 of 42 35 EXHIBIT D Contract No. 4600011353 b) Former State Employees: For the two year period from the date he or she left state employment, no former state officer or employee may enter into a contract, in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision - making process relevant to the Agreement while employed in any capacity by any state agency. For the twelve -month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy- making position in the same general subject area as the proposed Agreement within the twelve -month period prior to his or her leaving state service. C) City /County /Non Profit Employees: No Employee, officer, employer or agency of the City /County /Non Profit shall participate in the selection or in the award or administration of a contract supported by State Funds if a conflict of interest, real or apparent, would be involved. The City /County /Non Profit shall comply with all applicable laws on conflict of interest including, but not limited to the following: Public Contract Code (PCC) Sections 10335.5 et seq., PCC Sections 10365.5 et seq., PCC Sections 10410 et seq., and Government Code Sections 1090 et seq., and 8100 et seq. 13. DRUG -FREE WORKPLACE CERTIFICATION: By signing this contract, the . Grantee hereby certifies under penalty of perjury under the laws of the State of California that the Grantee will comply with the requirements of the Drug -Free Workplace-Act of 1990 (Government Code Section 8350 et seq.) and will provide a drug -free workplace by taking the following actions: a) Publish a statement notifying employees, contractors 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. b) Establish a Drug -Free Awareness Program to inform employees, contractors and subcontractors about all of the following: 1. The dangers of drug abuse in the workplace,. 2. The Grantee's policy of maintaining a drug -free workplace, 3. Any available counseling, rehabilitation and employee assistance programs, and 4. Penalties that may be imposed upon employees, contractors or subcontractors for drug abuse violations. Page 32 of 42 36 EXHIBIT D Contract No. 4600011353 c) Every employee, contractor and subcontractor who works under this Agreement: 1. Will receive a copy of the Grantee's drug -free policy statement, and 2. Will agree to -abide by terms of the Grantee's statement as a condition of employment, contract or subcontract. 14. EASEMENTS: Where the Grantee acquires property in fee title or funds. improvements to property already owned in fee by the Grantee using grant funds.provided through this Agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and /or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State. Where the Grantee acquires an easement under this Agreement, the grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with•State permission, at which time monitoring and enforcement responsibilities will transfer to new easement owner. Failure to provide an easement acceptable to the State can result in termination of this Agreement. 15. ELIGIBLE PROJECT COSTS: Grantee shall apply State Grant funds received only to eligible project costs, as. identified in Exhibit B - Budget. 16, GOVERNING LAW: This Agreement is governed by and shall be interpreted in accordance with the laws *of the State of California. 17, INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising-from the planning, design, construction,.maintenance and /or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors to name the State, its officers, agents, and employees as additional insureds on.their liability insurance for activities undertaken pursuant to this Agreement. 18. INSPECTIONS OF PROJECT BY STATE: The State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Agreement. This right shall extend to any subcontracts, and the Page 33 of 42 37 EXHIBIT D Contract No. 4600011353 Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Agreement with the State. 19, INSPECTIONS OF BOOKS, RECORDS AND REPORTS: During 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 Funding 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 Funding Agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Funding Agreement, and the State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests as provided in the, Funding Agreement. 20. LABOR COMPLIANCE. PLAN: Prior to awarding a contract for public works projects funded in whole or in part from Proposition 84, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006, or any other source. of funding so requiring, the grantee shall comply with Public Resources Code Section 75075, which requires adoption and enforcement of a labor compliance program pursuant-to subdivision (b) of Labor Code Section 1771.5 for application to the funded public works project. At the State's request, Grantee must promptly submit written evidence of its compliance with Labor Compliance Program requirements. 21. NONDISCRIMINATION: During the performance of this Agreement, the Grantee, it contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. Grantee and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment. are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Govt, Code § 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et. seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code § 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated.into this Agreement by reference and made a part hereof as if set forth in full. Grantee and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Funding Agreement, Page 34 of 42 38 EXHIBIT D Coritract No. 4600011353 22. PROHIBITION AGAINST DISPOSAL OF PROPERTY WITHOUT STATE PERMISSION: The Grantee 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 Project, without prior permission of the State. The Grantee 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 the Grantee to meet its obligations under this Agreement, without prior written permission of the State. The State may require that the proceeds. from the disposition of any real or personal property be remitted to the State to be applied to the Grantee's indebtedness under this Agreement. 23. REIMBURSEMENT CLAUSE: if applicable, travel and per diem expenses to be reimbursed under this contract shall.be the same rates the State provides for unrepresented employees in' accordance with the provisions of Title 2, Chapter 3, of the California Code of Regulations. 24. SEVERABILITY: In the event that any provision of this Agreement is unenforceable or held'to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby. 25. SUCCESSOR AND ASSIGNS: This Agreement and all of its provisions shall apply to and bind the successors-and assigns of the parties hereto. No assignment or transfer of this Agreement or any part thereof, rights hereunder, or interest herein by the. Grantee shall be valid unless and until it. is approved by the State and made subject to such reasonable terms and conditions as the State may impose. 26. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination. 27. TERMINATION FOR CAUSE: The State may terminate this Agreement and be .relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided including but not limited to reasons of default under Standard Term 28 — Termination By Grantee. 28. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reasons) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date. Page 35 of 42 39 EXHIBIT D Contract No. 4600011353 29. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein. 30. TIMELINESS: Time is of the essence in this Agreement. 31. WITHHOLDING OF GRANT FUNDS BY STATE: a) Withholding Clause: The State will withhold ten percent (10 %) of the funds requested by the Grantee for reimbursement of Eligible Project Costs until the Project is completed and Final Report is received. Withheld funds may be.released upon completion of milestones identified in Exhibit A, the project Scope of Work. b) Additional Conditions for Withholding: If the State. determines that the. Project is not being completed substantially in accordance with the provisions of this Agreement or that the Grantee has failed in any-other respect to, comply substantially with the provisions of this Agreement, and if the Grantee does not remedy any such failure to the State's satisfaction, the State may withhold from the Grantee all or any portion of the State Grant commitment and take any other action that it deems necessary to protect its interests. 32. WORKERS' COMPENSATION: The Grantee affirms that it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that code, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision: Page 36 of 42 III] EXHIBIT E Contract No. 4600011353 . Exhibit E Maintenance Plan The North San Francisco Bay Counties Flood Emergency Preparedness and Response Improvement Project Marin County The Department of Water Resources is not responsible for the funding or execution of any scheduled maintenance, emergency repair activities, or product updates related to equipment, plans, maps, or committees purchased or created under this grant project. 1. Personnel Allocated to Perform Maintenance Marin County Flood Control and Water Conservation District (District) will be responsible for the maintenance .of equipment proposed under this grant. For the rain and flow gages,, the District will contract out the maintenance to a qualified contractor . experienced in the maintenance of that type of equipment. For the ALERT2 base station on Mt. Tam (M2.1), the District will maintain that transmission hardware using County staff. The District uses High Sierra Electronics of Grass Valley, California for the ongoing maintenance and calibration work. 1.1. Task Mi — Prepare Flood Safety Plan Marin County Flood Control District will review.the plan annually to update and include improvements annually.following plan activation. Review will be initiated by the Engineer assigned to Emergency Operations Services to coordinate emergency preparedness for the District and will extend to participating agencies. 1.2 Task M1 - Uoarades to ALERT 2 Maintenance of the Mt. Tam repeater will be performed by District and County staff. All other rain and stream gage maintenance wilt be by High Sierra Electronics. 1.3 Task M2 - Installation of New ALERT 2 Gages All rain and stream gage maintenance will be High Sierra Electronics. New gages will be incorporated into the current maintenance program. Page 37 of 42 15I EXHIBIT E Contract No. 46000.11353 2. Required Equipment for Maintenance 2.1. Tasks M1- M2 — all Rain and Stream Gages No specialized equipment is required for routine maintenance. 3. Procedure 3.1. Tasks M1 - M2 - Repeater, receiver /decoder and new ALERT 2 compatible transmitters Assess and inspect equipment for normal operating functionality or damage, verify data collection readiness. Perform maintenance assessments annually, and pre ;and post -storm equipment checks or repairs as needed. FUNDING Approximate funding amount required for regular maintenance and budget location reference 1.1. Tasks M1- M2 —All rain and stream gages The District budgets approximately $1,000 per fiscal year for each gage for regular maintenance of equipment under these tasks. All gage maintenance is funded by the relevant flood zones which are special tax assessment districts set -up to manage and fund flood control facilities including these rain and stream gages: Funding for gages is built into the annual Flood Zone budgets and the funding for these gages has been included in our 2016/1017 budgets and beyond. Sonoma County Maintenance Plan The Department of Water Resources is not responsible for the funding or execution of any scheduled maintenance, emergency repair activities, or product updates related to equipment, plans, maps, or committees purchased or created under this grant project. 2. Personnel Allocated to Perform Maintenance The Water Agency will be responsible for the maintenance of equipment proposed under this grant. Water Agency staff have been assigned to oversee system testing, maintenance, and repair of the specific projects, which include: Page 38 of 42 IN EXHIBIT E Contract No. 4600011353 2.1. Task Si — Prepare Flood Safety Plan The Sonoma County Water Agency will review the plan annually to update and include improvements annually.following plan activation. Review will be initiated by the Engineering Department Analyst assigned to coordinate emergency preparedness for the Water Agency and will extend to all participating agencies.. 2.2. Task S2 - Sonoma Valley Stream and Rain Gages Maintenance of rain gage will be performed by Water Agency maintenance and technical staff. The stream gage, which is owned and operated by the USGS, will be maintained by USGS, The State deems three full winter seasons of data collection to be the necessary duration of stream and rain gage maintenance (refer to Section 15 of the* FERP.State Grant Agreement). 3, Required Equipment for Maintenance 3.1. Task S2 - Sonoma Valley Rain Gage No specialized equipment is required for routine maintenance 4. Procedure 4.1. Task S2 - Sonoma Valley Rain Gage Assess and inspect equipment for normal operating functionality or damage, remove any obstructions that would impede normal operation, empty rain gauge, verify data collection readiness. Perform maintenance assessments annually, and pre -and post -storm equipment checks or repairs as needed. FUNDING 2. Approximate funding amount required for regular maintenance and budget location. reference 2.1. Task S2 - Sonoma Valley Rain Gage Estimated cost of regular maintenance of equipment under this task is approximately $1,200 dollars per year. Maintenance will be funded by the Zone 3A flood district and will be included in the annual zone budget. City of Petaluma Maintenance Plan The Department of Water Resources is not responsible for the funding or execution of any scheduled maintenance, emergency repair activities, or product updates related to equipment, plans, maps, or committees purchased or created under this grant project. Page 39 of 42 43 EXHIBIT E Contract No. 4600011353 1. Personnel Allocated to Perform Maintenance 1— Task Pi — Prepare Flood Safety Plan The City of Petaluma will review the plan annually to update and include improvements annually following plan activation. Review will be initiated by the Engineer assigned to Emergency Operations Services to coordinate emergency preparedness for the District and will extend to participating agencies. The City of Petaluma (City) will be responsible for the maintenance of equipment proposed under this grant. Dedicated staff from the City have been assigned to oversee system testing, maintenance, and repair of the specific projects, which include: 1.2 Task P1.1 -1.2— City of Petaluma ALERT2 Stream and Rain Gages Maintenance of all stream, precipitation, and weather station gauges will be performed by City maintenance and technical staff. 2 Required Equipment for Maintenance 2.1 Task P1.1 - 1.2 - City of-Petaluma ALERT2 Stream and Rain Gages No specialized equipment is required for routine maintenance. 3 Procedure 3.1 Task P1.1 - 1.2 - City of Petaluma ALERT2 Stream and Rain Gages Assess and inspect equipment for normal operating functionality.or damage, remove any obstructions that would impede normal operation, empty rain gauge, Verify data collection readiness. Perform maintenance assessments annually, and pre -and post -storm equipment checks or repairs as needed. FUNDING 3. Approximate funding amount required for regular maintenance and budget location reference 3.1. Task P1.1 - 1.2 - City of Petaluma ALERT2 Stream and Rain Gages Estimated cost of regular maintenance of equipment under this task is approximately $9,200 dollars per year. It is accounted for as Task P1.3 in the budget and will be funded by the City. Page 40 of 42 44 EXHIBIT E Contract No. 4600011353 Napa County Mood Control District Maintenance plan The Department of Water Resources is not responsible for the funding or execution of any scheduled maintenance, emergency repair activities,' or product updates related to equipment, plans, maps, or committees purchased or created under this grant project. 1. Personnel Allocated to Perform Maintenance 11 ^1 Task Ni — Prepare Flood Safety Plan Napa County Flood Control District will review the plan annually to update and include improvements •annually. following. plan activation. Review will be initiated by the Engineer assigned to Emergency Operations Services to coordinate emergency preparedness for the District and will extend to participating Agencies. Napa County Flood Control and Water Conservation District (District) and the City of Napa (City) will be responsible for the maintenance of equipment proposed`under this grant. Dedicated staff from the District and City have been assigned and budgeted to oversee system testing, maintenance, and repair of the specific projects, which include: 1.2 Task N1.1 Installation of a new main repeater on Mt. St. Helena site from ALERTI to ALERT 2. Maintenance of the repeater will be performed by District and City staff. 1.3 Task N1.2 Installation of ALERT /ALERT 2 receiver /decoder at Sugarloaf communications site, providing redundancy for primary data paths and preventing data loss. 1.4 Task N1.3 Upgrade/ installation of transmitters at approximately 25 existing stream /rain gauges sites to ALERT 2 compatibility 2. Required Equipment for Maintenance 2.1. Tasks N1.1- N1.3 - Repeater, receiver /decoder and new ALERT 2 compatible transmitters No specialized equipment is required for routine maintenance.' Page 41 of 42 45 EXHIBIT E Contract No. 4600011353 3. Procedure 3.1. Tasks N1.1- N1.3 - Repeater, receiver /decoder and new ALERT 2 compatible transmitters Assess and inspect equipment for normal operating functionality or damage, verify data dollbctioh readiness. Perform maintenance assessments annually, and pre - and post -storm equipment checks or repairs as needed. FUNDING 4. Approximate funding amount required for regular maintenance and budget location reference 4.1. Tasks N1.1- N1.3 -Repeater, receiver /decoder and new ALERT 2 compatible transmitters The District has budgeted approximately $15,000 per fiscal year for regular maintenance of equipment under these tasks. Page 42 of 42 M Attaclunent 3 FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA FOR THE PROJECT ENTITLED: CITY OF PETALUMA PROJECTS This Agreement, entered into this day of , 20_, by and between the MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, hereinafter referred to as "MARIN," and CITY OF PETALUMA, hereinafter referred to as "SUB- GRANTEE," is made upon the following considerations: RECITALS 1. WHEREAS, MARIN has agreed to receive grant funding from the California Department of Water Resources ( "DWR ") pursuant to the Flood Emergency Flood Response Projects — Statewide Grant Round 2 Agreement No. , dated ( "FERP Grant Agreement ", Exhibit B)incorporated herein by reference; and 2. WHEREAS, SUB - GRANTEE is one of several parties intended to receive grant funding from MARIN pursuant to said FERP Grant Agreement for work to be completed by SUB - GRANTEE, as set forth in said FERP Grant Agreement; and 3. WHEREAS, such work to be completed by SUB - GRANTEE, and other specific information pertaining to the Sonoma County Water Agency FERP Projects ( "Project ") is set forth in the FERP Grant Agreement and the Work Plan, Schedule and Budget (Exhibit A), incorporated herein by reference; and 4. WHEREAS, the parties acknowledge that MARIN intends to administer the distribution of grant funds pursuant to the FERP Grant Agreement and SUB - GRANTEE intends to complete its aspects of the Project, as set forth in the FERP Grant Agreement and the Work Plan, Schedule and Budget, in a manner that will insure MARIN's compliance with the FERP Grant Agreement; and 5. WHEREAS, MARIN is relying on SUB- GRANTEE's performance hereunder in order for MARIN to comply with its obligations set forth in the FERP Grant Agreement; and 6. WHEREAS, the parties desire to set forth the terms and conditions under which SUB - GRANTEE is to receive grant funds from MARIN. 47 AGREEMENT 1. RECITALS 1.1. The above recitals are true and correct. IIIRWays*711;IH,IMi 2.1. The following exhibits are attached hereto and incorporated herein: Exhibit A: Work Plan, Schedule and Budget b. Exhibit B: FERP Grant Agreement (with its own Exhibits A E) 3. TERM OF AGREEMENT 3.1. This Agreement shall be effective upon full execution by both parties and shall remain in full force and effect until August 12, 2019 or until all of the parties' obligations hereunder are fully satisfied, whichever occurs earlier. 4. SUB - GRANTEE OBLIGATIONS 4.1. Scope of Work. SUB - GRANTEE shall perform all work pertaining to the Project, and provide the documentation required of MARIN or other sub - grantees, in a timely manner as set forth in the applicable provisions of Standard Terms (Exhibits D to the FERP Grant Agreement with the State) , and the Work Plan, Schedule and Budget. 4.2. Provision of Requested Documentation and Project Access. To enable MARIN to confirm SUB- GRANTEE's compliance with this Agreement, SUB - GRANTEE shall provide MARIN with any requested documentation and access to any work sites, or other areas associated with the Project. 5. MARIN OBLIGATIONS 5.1. Disbursement. Subject to receipt of grant funds from DWR, as a result of a particular request for disbursement submitted by SUB - GRANTEE, and the other terms and conditions set forth herein, MARIN shall remit to SUB - GRANTEE such funds it receives from DWR. SUB - GRANTEE shall not be entitled to disbursement of grant funds as set forth herein if MARIN does not receive grant funds from DWR in connection with SUB- GRANTEE's request for disbursement. 5.2. Remedies. In the event SUB - GRANTEE violates any provision of this Agreement that could potentially result in a violation of the FERP Grant Agreement, MARIN may take any and all appropriate measures to prevent any such violation of the FERP Grant Agreement, or to mitigate any damages FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN 48 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA MARIN could incur as a result thereof, including, but not limited to, performing any work required of SUB - GRANTEE hereunder. SUB - GRANTEE shall be liable for any costs incurred by MARIN in connection with any such violation of this Agreement or the FERP Grant Agreement. 6. DISBURSEMENT OF GRANT FUNDS: 6.1. Disbursement Requests. SUB - GRANTEE hereby acknowledges that the Eligible Project Costs related to the Project are limited to those set forth in the applicable provisions of the Work Plan, Schedule and Budget and the FERP Grant Agreement SUB - GRANTEE shall not request disbursement for any cost until such cost has been incurred, and has been paid, or is due and payable, by SUB - GRANTEE. 6.2. Matching Funds. SUB - GRANTEE hereby acknowledges that it is required to obtain matching funds for the Project as set forth in the applicable provisions of the FERP Grant Agreement Exhibit B. 6.3. Invoices. In order to receive disbursement of grant funds, SUB - GRANTEE shall submit to MARIN invoices itemizing all work completed, and Eligible Project Costs incurred, by SUB - GRANTEE. Invoices shall be in a format approved by, and shall include backup documentation as specified by MARIN and the Marin County Department of Finance. All invoices submitted by SUB - GRANTEE shall be sent to MARIN at the following address: MARIN: Roger Leventhal, P.E. Marin County Flood Control & Water Conservation Department of Public Works 3501 Civic Center Drive, Suite 304 San Rafael, CA 94903 Email: rleventhal @marincounty.org 6.4. Retention of Grant Funds. SUB - GRANTEE acknowledges that MARIN may withhold the disbursement of any grant funds that may be necessary to satisfy the retention requirements set forth in the applicable provisions of the FERP Grant Agreement. 6.5. Conditions and Limitations. Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which: a. Violates, or conflicts with, the FERP Grant Agreement or any local, state or federal laws, rules or regulations. b. May require any rebates to the federal government pursuant to any applicable local, state or federal laws or regulations. FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN 49 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA c. May result in the loss of tax -free status on state bonds pursuant to any applicable local, state, or federal laws or regulations. 6.6. Refunds. If MARIN is required to refund to DWR any disbursement made to SUB - GRANTEE, due to a violation of the FERP Grant Agreement by SUB - GRANTEE, SUB - GRANTEE shall refund to MARIN such disbursement amount plus any interest or penalties required to be paid by MARIN to DWR in connection with such refund. 7. INDEMNIFICATION 7.1. SUB - GRANTEE shall indemnify, defend, and hold harmless MARIN and its members, elected and appointed officers, employees, and agents from and against any and all liability resulting from SUB- GRANTEE's act(s) and /or omission(s) arising from and /or relating to the Project. 7.2. MARIN shall indemnify, defend, and hold harmless SUB - GRANTEE and its elected and appointed officers, employees, and agents from and against any and all liability resulting from MARIN's act(s) and /or omission(s) arising from and /or relating to the Project. 7.3. Without limiting the scope of subsections 7.1 or 7.2, such liability includes but is not limited to the following: any funding disallowance; audits; demands; claims; actions; liabilities; damages; fines; fees, costs, and expenses, including auditor and /or expert witness fees. 8. TERMINATION 8.1. Breach of Contract. If, in the reasonable opinion of MARIN, SUB - GRANTEE fails to adequately perform it obligations hereunder, within the time limits set forth in the applicable provisions of the Work Plan, Schedule and Budget and the FERP Grant Agreement, or otherwise fails to comply with any term or condition of this Agreement, or violates any ordinance, regulation, or other law applicable to its performance herein, MARIN may terminate this Agreement immediately, upon notice. 8.2. Without Cause. This Agreement may be terminated by either party without cause upon thirty (30) days advance written notice. Such notice shall state the effective date of the termination. 8.3. Insufficient Funding. MARIN's obligations under this Agreement are contingent upon the availability of local, state, and /or federal funds. In the event such funding is terminated, MARIN shall, at its sole discretion, determine whether this Agreement shall be terminated. MARIN shall provide SUB - GRANTEE seven (7) days advance written notice of its intent to terminate this Agreement due to insufficient funding. FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN 50 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA 8.4. Compensation. In the event of any termination of this Agreement, SUB - GRANTEE shall be entitled to compensation for uncompensated Eligible Project Costs incurred, hereunder through and including the effective date of such termination, unless such termination was made as a consequence of breach of contract and termination rights exercised under 8.1. However, this provision shall not limit or reduce any damages owing to MARIN resulting from a breach of this Agreement by SUB - GRANTEE. �►ri� [�l ► T► a 1/ l 1-114t 1Tti�1TmerfOl lf-AT401 9.1. All notices or notifications under this Agreement shall be in writing addressed to the persons set forth in this section. 9.2. All notices or notifications to MARIN shall be sent to: Roger Leventhal, P.E. Marin County Flood Control & Water Conservation Department of Public Works 3501 Civic Center Drive, Suite 304 San Rafael, CA 94903 Email: rleventhal @marinMARIN.org 9.3. All notices or notifications to SUB - GRANTEE shall be sent to: Erica Ahmann Smithies City of Petaluma 202 N. McDowell Boulevard Petaluma, CA 94954 Email: eahmann @ci.petaluma.ca.us 10.1. Maintenance and Preservation of Records. SUB - GRANTEE agrees to timely prepare accurate and complete performance records relating to the Project, and to maintain and preserve said records for at least seven (7) years from the expiration date of this Agreement, except that if any litigation, claim, negotiation, audit or other action is pending, the records shall be retained until completion and resolution of all issues arising therefrom. 10.2. Inspection of Records. SUB - GRANTEE hereby agrees to make all performance records relating to the Project available during normal business hours to inspection, audit, and reproduction by any duly authorized local, state, and /or federal agencies. SUB - GRANTEE further agrees to allow interviews of any persons who might reasonably have information related to such records by any duly authorized local, state, and /or federal agencies. All examinations and inspections conducted under this section shall be strictly confined to those matters connected with the performance of this Agreement. FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN 51 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA 11. MONITORING: 11.1. SUB - GRANTEE agrees that MARIN has the right to monitor all activities related to this Agreement, including the right to review and monitor SUB- GRANTEE's records, programs or procedures, at any time, as well as access any work sites, or other areas associated with the Project, in order to ensure compliance with the terms and conditions of this Agreement. However, MARIN is not responsible, and will not be held accountable, for overseeing or evaluating the adequacy of the results of work performed by SUB - GRANTEE. 12. CONFIDENTIAL INFORMATION: 12.1. In the performance of this Agreement, SUB - GRANTEE may receive confidential information. SUB - GRANTEE hereby agrees to protect all such confidential information in conformance with any and all applicable local, state, and federal laws and regulations. 13. AMENDMENTS AND CHANGES 13.1. No addition to, or alteration of, the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 14.1. SUB - GRANTEE shall not delegate its duties or assign its rights, obligations, or interests hereunder, either in whole or in part, without MARIN's prior written consent. Any assignment in violation of this provision shall be void, and shall be cause for immediate termination of this Agreement under 8.1. This provision shall not be applicable to service agreements or other arrangements usually or customarily entered into by SUB - GRANTEE to obtain supplies, technical support or professional services. 15. VALIDITY AND SEVERABILITY 15.1. If any provision of this Agreement, or any portion thereof, is found by any court of competent jurisdiction to be unenforceable or invalid for any reason, such provision shall be severable and shall not in any way impair the enforceability of any other provision of this Agreement. AM 16.1. No waiver by either party of any breach of any provision of this Agreement shall constitute a waiver of any other breach. Either party's non - enforcement at any time, or from time to time, of any provision of this Agreement shall not be construed as a waiver thereof. 17. INSURANCE FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN 52 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA 17.1 Without limiting SUB - GRANTEE'S indemnification obligations provided for herein, SUB - GRANTEE will maintain in full force and effect, at its own expense, any and all appropriate comprehensive general liability insurance, comprehensive automobile insurance, and workers' compensation policies: Commercial General Liabilitv: SUB - GRANTEE shall maintain a commercial general liability insurance policy in the amount of $1,000,000 ($2,000,000 aggregate). MARIN and the State of California shall be named as an additional insured on the commercial general liability policy. Commercial Automobile Liability: Where SUB- GRANTEE's performance under this Agreement involves or requires the use of any type of vehicle by SUB - GRANTEE, SUB - GRANTEE shall provide comprehensive business or commercial automobile liability coverage, including non -owned and hired automobile liability, in the amount of $1,000,000.00. Workers' Compensation: SUB - GRANTEE acknowledges the State of California requires every employer to be insured against liability for workers' compensation or to undertake self - insurance in accordance with the provisions of the Labor Code. If SUB - GRANTEE has employees, a copy of the certificate evidencing such insurance, a letter of self- insurance, or a copy of the Certificate of Consent to Self- Insure shall be provided to MARIN prior to commencement of work. 18. RELATIONSHIP OF PARTIES: 18.1. It is understood that this Agreement is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture, or any other similar association. 19. WARRANTIES AND REPRESENTATIONS: 19.1. SUB - GRANTEE hereby makes all of the warranties, representations, covenants, and certifications that are otherwise made by MARIN, with respect to the Project, as set forth in the applicable provisions of the FERP Grant Agreement. 20. COMPLIANCE WITH LAWS; NON - DISCRIMINATION: 20.1. SUB - GRANTEE agrees to comply with all applicable local, state, and federal laws and regulations, in performance of its obligations hereunder. SUB - GRANTEE further agrees to comply with any and all applicable provisions of the FERP Grant Agreement. In the event that any applicable law, regulation, or contractual provision is amended during the term of this Agreement, the parties agree to comply with the amended law, regulation, or contractual provision as of the effective date of such amendment. FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN 53 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA 20.2. During the performance of this Agreement, SUB - GRANTEE, it contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g. cancer), age (over 40), marital status, and shall not illegally deny family care leave. SUB - GRANTEE and its contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Govt. Code § 12990 (a -f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et. seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code § 12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. 21. PRIORITY OF DOCUMENTS 21.1. The provisions of the FERP Grant Agreement shall prevail over provisions of this Agreement. 22. MAINTENANCE OF PROPERTY IMPROVED 22.1 Sub - grantee agrees to use, manage, and maintain the property developed, rehabilitated, or restored with the grant funds provided in this Agreement consistent with the purposes of the program and is required to continue in perpetuity or until deemed no longer necessary by the State. Specific maintenance activities are outlined in the Planned Maintenance Activities (Exhibit E of the FERP Grant Agreement),. The Grantee or its successors may, with the approval of the State, transfer this responsibility to use, manage, and maintain the property as discussed in Standard Terms: Easements (Exhibit D of the FERP Grant Agreement).. Such title transfer will occur in a way that binds the new owner to the same obligations. FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN 54 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA IN WITNESS WHEREOF, MARIN and SUB - GRANTEE have duly executed this Agreement, or caused it to be duly executed on its behalf. City of Petaluma Approved as to form by MARIN: By: By: City Manager Ed Kiernan, Deputy County Counsel Attest: Marin County Flood Control and Water Conservation District By: By: City Clerk Raul Rojas, Director of Public Works, Approved as to form by By: Date: City Attorney Approved By: Department Director Approved By: Risk Manager Approved By: Finance Director FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN 55 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA Exhibit A Work Plan, Schedule, and Budget 1. WORK PLAN City of Petaluma Funded Projects A summary task list of funded items under the FERP grant to be implemented by the City of Petaluma are as follows: • Petaluma Task P1- Preparation of Flood Safety Plan • Petaluma Task P2 - Upgrade 16 existing gages to ALERT 2 • Ordering of ALERT 2 upgrade equipment • Installation of ALERT 2 upgrades to gages including software, testing and adjustments o Training on ALERT 2 system • Petaluma Task P3 —Upgrade 10 new gages to ALERT 2 • Ordering of ALERT 2 upgrade equipment • Installation of ALERT 2 gage upgrades including software, testing and adjustments o Training on ALERT 2 system Detailed Work Plan for Each Task Task Pi Preparation of Flood Safety Plan 1) Description and Scope Prepare a Flood Safety Plan in accordance with the June 2011 DWR template,in conformance with Water Code 9650, and consistent with AB 156 Guidelines. This plan will be prepared by City of Petaluma Public Works and Utilities staff in coordination with the City of Petaluma's Fire Department. Help from a qualified consultant will be on an as needed basis. 2) Deliverables Draft Flood Safety Plan reviewed by DWR. Final Flood Safety Plan. By whom completed: City of Petaluma FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN A -1 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA Task P1- Upgrade 26 Existing and New Gages to ALERT2 1) Description and Scope The proposed system would provide an ALERT2 Base Station and decoder, including gel cell battery, battery charger and necessary serial and network cables. Upgrade existing and new gages to provide communication capabilities to that new base station. The updating of all 26 gages will include receivers and decoders, solar panels and 18 hour cell batteries. This will allow the emergency response team to access live conditions during extreme flood events within the Petaluma Watershed. The local and regional communication links will enable quicker decision making and implementation of protective actions for closure of streets and evacuation of neighborhoods. The dynamics of the Petaluma Watershed and the City's ability to monitor the storm elevations in the upper reaches allow the management staff working the City Emergency Operations Center (EOC) to make rational projections as to the depth and intensity of flows expected within the next 2 -6 hours. Linking the EOC to existing National Weather Service and National Oceanic and Atmospheric Administration (NOAA) weather projection data will complete the decision making resources needed to meet the emergency needs of southern Sonoma County. Work will be completed concurrently, but are broken out as two separate tasks, Task P1.1 and Task P1.2. Task P1.1 - Upgrade 16 Existing Gages to ALERT2 Upgrade 15 existing precipitation and stream gages and 1 weather station gage from ALERTI to ALERT2 to provide improved and accurate reporting capabilities to the City of Petaluma flood alert system. 1) Deliverables Technical memorandum summarizing the equipment installed and where, including summary of the testing procedure with example data reports, pictures, and also including cut sheets and specifications for purchased materials By whom completed: City of Petaluma and Consultant Task P1.2 - Upgrade 10 New Gages to ALERT 2 Upgrade 10 new precipitation and stream gages from ALERTI to ALERT2 to provide improved and accurate reporting capabilities to the City of Petaluma flood alert system. Order a Base Station ALERT 2 Received Decoder, including gel cell battery, battery charger and necessary serial and network cables. FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN A -2 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA 1) Deliverables Technical memorandum summarizing the equipment installed and where, including summary of the testing procedure with example data reports, pictures, and also including cut sheets and specifications for purchased materials. By whom completed: City of Petaluma and Consultant Primary Contact Person Erica Ahmann Smithies, P.E. Senior Civil Engineer City of Petaluma (707) 776 -3673 (707) 753 -1093 (cell) FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN A -3 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA w a A A w x v N a rn r-� °i rn rn O ON O O LL \ N \ N \ \ N Ln 00 00 00 W N t\O tDD Q0 r-I 1 I lD tl% I- n }+ O O O O O N \ \ N \ \ \ m m M 00 O r-I C O @ A 7 i Ln Ln Ln Ln O O O O e» M lD lD (,D c v E a� a� L ra 00 0 LU + J 4- Q O O N 41 a V) N � t]A C O 3 z x m s= O a m cv 41 O N 4- J m N W O 0 X O J + -O W Q N O N � V) u7 � L (O CL 0) to L = ,U) a x rlwz a a c0 o v o d E C E N Q Q 3 :D 4- � N 0 ra L 4f1 v 41 (1) ri z (D a D_ a a a W C5 A A M az o o O Z 0 000 ') N ) T- a0 r T 0 <,Z 0 m z I- o cli p LL Z W 0 0 0 00 0 0 0 00 0 00 Q� 0 o = T C� CI) w » � � � � Q r 00 0 W (Y) LO N m Q 0, N 00 Q LL 0 � c � } ~ tf) M 00 Cfl LO N h" F-Q m F- <_. ova c� 04 N UJ W J W Q Q 0 O 0 O ++ a) ) O rn O rn Z U cn = f° x W o . o a c = a� Q r ° c o, Q 'a x QD m 0 W CL EL N OtS L 0 L � F- L) a a o. CL a a LO a Exhibit B FERP Grant Agreement with Exhibits A - E Insert State executed agreement FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN B -1 COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA FLOOD EMERGENCY RESPONSE PROJECTS SUB - GRANTEE AGREEMENT BY AND BETWEEN MARIN COUNTY FLOOD B -2 CONTROL AND WATER CONSERVATION DISTRICT AND CITY OF PETALUMA