CA State Water Resouerces Control Board - RIV & Imperial LAFCOsWater Boards
STUDY GRANT
AGREEMENT No. O2118O03
hyand between
COUNTY OF RIVERSIDE ("Rncipiert'>
R|VEFlG/DELOCAL AGENCY FORMATION COK8K�|S8/~"N(^8Ub[*oip|eny')
|K�PERIALLi]CALAGENCY FURK8AT|DNCOK�K8}SG!O("|`peMa|LAFC`-'")
AND
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD ("8tate Water Board")
for the purpose of the
ALTERNATIVE GOVERNANCE STRUCTURES AND ALTERNATIVE ELECTRICITY
SERVICE PROVISION - IMPERIAL IRRIGATION DISTRICT ("Project")
Sen. Bill No, 17O(2O21'2O22Reg. Sesn]�174.onl�Ddn0Th�8udoetAn of20�1
Sen Bill 128Q�21�Z , �- � �`— ` '
. . ` - Meg�G�oa)§10.5WhoX118)(8B170.Kom118\ �
PROJECT FUNDING AMOUNT: $500.000
ELIGIBLE WORK START DATE: MAY 1.2O22
WORK COMPLETION DATE: .FEBRUARY2Q 2024
FINAL RE|K0BURSEK4ENTREQUEST DATE: K�ARCH3'1 2024
REO{}ROSRETENTION END DATE, FEBRUAF�Y29.`081
County of Riverside
Agreement No,: D2118003
Page 2 of 18
RECITALS
A. On September 23, 2021, the Governor approved Senate Bill No. 170 (2021-2022
Reg. Sess,) § 174, amending The Budget Act of 2021, Sen. Bill No. 129 (2021-
22 Reg. Sess,) § 19,56(e)(118).
B. As part of SB No. 170, Five Hundred Thousand Dollars ($500,000) was approved
to be allocated by the State Water Resources Control Board to the County of
Riverside (County/Recipient) for the benefit of the imperial Local Agency
Formation Commission (Imperial LAFCO) and the Riverside Local Agency
Formation Commission (Riverside LAFCO/Subrecipient) so a study and
assessment of municipal special district governance structures and provision of
electricity services by a special district could be conducted (Study).
C, The County will serve only as the Recipient of the Project Funds and will forward
such funds to the Riverside LAFCO, so it may engage a consultant to conduct
the Study In conjunction with Imperial LAFCO.
D. Riverside LAFCO desires to accept the funds and agrees to the terms and
conditions of this Agreement to utilize the funds for the purpose for which It was
allocated.
AGREEMENT
1. The State Water Board and the Recipient, Subrecipient and Imperial LAFCO
mutually promise, covenant, and agree to the terms, provisions, and conditions of
this Agreement, including the fallowing Exhibits, which are attached hereto or are
incorporated by reference:
• EXHIBIT A — SCOPE OF WORK AND SCHEDULE
• EXHIBIT B — FUNDING TERMS
• EXHIBIT C — GENERAL TERMS AND CONDITIONS
• EXHIBIT D — SPECIAL CONDITIONS
For the purposes of this Agreement, the Recipient is serving as a pass -through
entity to disburse the funds to the Subrecipient for the Study and is not obligated
to conduct the Study nor shall the Recipient 1) have the obligation to verify or
certify any of the information or documentation received from Subrecipient; or 2)
be subject to any of the terms described in Exhibits A, B and C, except as
specifically provided in this Agreement for It to carry out its limited role as a pass -
through entity.
3pg231x2021
County of Riverside
Agreement No,: D2118003
Page 3 of 18
2. Party Contacts during the term of this Agreement are:
State Water
Board
County of R verside
Section:
Division of Financial Assistance
Name:
Spencer Joplin, Project Manager
Name:.
Scott Bruckner
Address:
1001 i Street, 17th Floor
Address:,
4080 Lemon Street,
4th Floor
City,
State, Zip:
Sacramento, CA 96814
City,
State, Zip:
Riverside, CA 92601
Phone:
(916) 341-5636
Phone:
855-1110
Fax:
(916) 341-5296
Fax:
N/A N/A
Email:
spencer.joplin@vvaterboards.ca.gov
Email:
sbruckner@rivco.org
Riverside LAFCO
Imperial LAFCO
Name:
Gary Thompson, Project
Name:
Jurg Neuberger, Project
Director
Address:
6216 Brockton Ave, Suite
Address:
1122 State St, Suite D
City, State,
Zip:
Riverside, CA 92506
City, State,
Zip:
El Centro, CA 92243
Phone:
/951) 369-0631
Phone:
(760) 353-4115
Fax:
N/A
Fax:
N/A
Email:
gthompson@lafco.org
Email:
jurgh@iclafco.com
Each party may change its contact upon written notice to the other parties. While
Party Contacts are contacts for day-to-day communications regarding Project
work, the Recipient, Subrecipient, and Imperial LAFCO must provide any official
communications and notices to the Division's Deputy Director,
3. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient, Subrecipient, and Imperial LAFCO must each deliver to the
Division a resolution authorizing this Agreement and identifying its
Authorized Representative by title.
4, The Recipient, Subrecipient, and imperial LAFCO represent, warrant, and
commit to the following as of the Eligible Work Start Date and continuing thereafter
for the term of this Agreement, which shall be at least until the Records Retention
End Date:
(a) The Recipient, Subrecipient, and imperial LAFCO agree to comply with all
terms, provisions, conditions, and commitments of this Agreement, Including
all incorporated documents, that are applicable to each party as provided in
this Agreement,
3pp231x2021
County of Riverside
Agreement No.; D2118003
Page 4 of 18
(b) The execution and delivery of this Agreement, Including all incorporated
documents, has been duly authorized by the Recipient, Subrecipient, and
Imperial LAFCO. Upon execution by all parties, this Agreement constitutes
a valid and binding obligation of the Recipient, Subrecipient, and imperial
LAFCO, enforceable in accordance with Its terms, except as such
enforcement may be limited by law,
(c) None of the transactions contemplated by this Agreement Mil be or have
been made with an actual intent to hinder, delay, or defraud any present or
future creditors of Recipient, Subrecipient, or Imperial LAFCO, The
Recipient, Subrecipient, and imperial LAFCO are solvent and will not be
rendered insolvent by the transactions contemplated by this Agreement.
The Recipient, Subrecipient, and Imperial LAFCO are able to pay their
debts as they become due. The Subrecipient and Imperial LAFCO maintain
sufficient insurance coverage considering the scope of this Agreement,
including, for example but not necessarily limited to, general liability,
automobile liability, workers compensation and employer liability,
professional liability,
(d) The Recipient, Subreciplent, and imperial LAFCO are in compliance with ail
State Water Board funding agreements to which each is a party, If any.
5. This Agreement, and any amendments hereto, may be executed and delivered In
any number of counterparts, each of which when delivered shall be deemed to
be an original, but such counterparts shall together constitute one document.
The parties may sign this Agreement, and any amendments hereto, either by an
electronic signature using a method approved by the State Water Board and
where such digital signatures meet the requirements of the California Uniform
Electronic Transactions Act (("CUETA") Cal. Civ, Cede, §§ 1633.1 to 1633.17),
for executing this Agreement or by a physical, handwritten signature. The parties
mutually agree that an electronic signature using a method approved by the
State Water Boar! is the same as a physical, handwritten signature for the
purposes of validity, enforceability, and admissibility.
3pp231x2021
-c
County of Riverside
Agreement No.: D2118003
Page 5of18
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto,
COUNTY OF RIVERSIDE
By:
Name: fF
Title: hair,
Date:
and of Supervisors
MAY 17 2022
STATE WATER RESOURCES CONTROL
BOARD:
By:
Name: oe Karkeski �' u 2� sThe
Title: Deputy-Difectg a s.St '7er0;
Division of Financial Assistance
Date:
S/t9/2o zz
RIVERSIDE LOCAL AGENCY FORMATION IMPERIAL LOCAL AGENCY FORMATION
COMMISSION:
By:
COMMISSION:
By: r`
N.m�Gary Thompson Na e: rgN uberger
Titl- Executive Officer Title: Executive Officer
Date: Av 2 Date: , ,_. , _ ` e 22-
FORM APPROVED COUNTY COUNSEL
BY: ' '/��
MELISSA R. CUSHMAN DATE
3pg231x2021
County of Riverside
Agreement No,; D2118003
Page 6 of 18
EXHIBIT A — SCOPE OF WORK AND SCHEDULE
Al PROJECT PURPOSE AND DESCRIPTION.
The Project is for the benefit of the Subrecipient and Imperial LAFCO, The funding
under this Agreement shall be used to conduct a study to evaluate alternative
governance structures and alternative electricity services provided by the Imperial
Irrigation District (Imperial ID), as provided in SB 170, Item 118,,
A.2 SCOPE OF WORK.
Subreclpient and Imperial LAFCO shall do the following;
1. Project Management
1,1 Provide all technical and administrative services as needed for
Project completion; monitor, supervise, and review all work
performed; and coordinate budgeting and scheduling to ensure the
Project Is completed within budget, on schedule, and In accordance
with approved procedures, applicable laws, and regulations.
1,2 Notify the Project Manager at least fifteen (15) working days in
advance of upcoming meetings, workshops, and tralnings,
1.3 Develop and update appropriately a detailed Project schedule,
including key Project milestones, and submit to the Project
Manager,
1.4 Conduct Protect status review meetings as requested by the
Project Manager.
2, Preparation
2,1 Conduct a kickoff meeting. Invite participation from the Riverside
LAFCO, the Imperial LAFCO, and from the Project Manager.
2.1,1 Submit a copy of the meeting minutes to the Project
Manager,
2,2 Collect relevant source documents such as applicable state
statutes, service area maps, master service plans, agreements,
audits, budgets, demographic and electricity connection/customer
data, electricity rate data, and other information relevant to
completing the Project.
2.2.1 Include the statuses of obtaining each source document in
the quarterly progress reports.
Exhibit A
County of Riverside
Agreement No.: D2118003
Page 7 of 18
3, Study Report
3.1 Prepare an initial Draft Study Report that includes:
3.1.1 An executive summary that includes background Information
on the Project, the issues and options to be analyzed, and
recommendations for implementation,
3.1.2 An analysis section that Includes a detailed discussion for
each of the options and scenarios developed for the two
Issues required to be studied.
3.1.3 A conclusion and recommendations section that synthesizes
the analysis into an overall recommendation for the most
cost effective and efficient implementation scenario for each
required option.
3.2 Facilitate comment and discussion of the Draft Study Report.
3,2.1 Distribute copies of the Initial Draft Study Report to the
Riverside LAFCO, Imperial LAFCO, Imperial ID, affected
public agencies, stakeholders, and the Project Manager for
comment.
3.2.2 Conduct a minimum of one (1) meeting to discuss the Initial
Draft Study Report. Invite participation from the recipients in
Section 3.2.1. Submit copies of meeting materials and sign -
in sheets, as applicable, to the Project Manager.
3.2.3 Compile the comments received regarding the initial Draft
Study Report and submit to the Protect Manager.
3.2.4 Submit updates to the Initial Draft Study Report to the
Project Manager, if applicable.
3.3 Prepare a Final Study Report that addresses the comments
received on the Draft Study Report and submit a copy to the Project
Manager.
3.4 Conduct a minimum of two (2) meetings to present the contents of
the Final Study Report to the Riverside LAFCO Commission, the
Imperial LAFCO Commission, the Coachella Valley Energy
Commission and the Imperial ID Board of Directors. Submit copies
of meeting materials, meeting minutes, and sign -in sheet (if
applicable) to the Project Manager.
Exhibit A
County of Riverside
Agreement No.: D2118003
Page 8 of 18
A.3 PROGRESS REPORTS.
The Subrecipient must provide progress reports on a quarterly basis. The progress
reports shall include a description of the work performed during that quarter, a summary
of expenditures and the balance of Protect Funds and Project Costs remaining, a report
of any Interest earned on Project Funds, and other documentation If required by the
Division,
A.4 FINAL. PROJECT SUMMARY,
At the conclusion of the Project, the Subrecipient must submit a Final Project Summary
to the Protect Manager. The Subrecipient must prepare a brief summary of the
information contained in the Final Study Report, using a format approved by the Project
Manager. The Subrecipient must Include accomplishments, recommendations, and
lessons learned, as appropriate.
Exhibit A
County of Riverside
Agreement No.: D2118003
Page 9 of 18
A.5 SUBMITTAL SCHEDULE.
Failure to provide Items by the Critical Due Dates indicated in the table below may
constitute a material violation of this Agreement. The Recipient must submit the
requests for advanced payment referenced in section B.5 and any Final Reimbursement
Request prior to the Final Reimbursement Request Date set forth on the Cover Page.
ITEM
DESCRIPTION OF SUBMITTAL
CRITICAL DUE DATE
ESTIMATED DUE
DATE
EXHIBIT A.2 — SCOPE OF WORK
1. 2
Notification of Upcoming Meetings,
As Needed
1.3
Detailed Project Schedule
60 Days After
Execution
1.4
Status Review Meetings
As Needed
2.1.1
Kickoff Meeting
July 2022
3.2,1
initial Draft Study Report
March 31, 2023
3.2.2
Initial Draft Study Report Meeting
May 31, 2023
3 2 3
Comments on Initial Draft Study
Report
August 2023
3 2 4
Updates to the Initial Draft Study
Report (if applicable)
As Needed
3.3
Final Study Report
November 30, 2023
3.4
Final Study Report Presentations
December
2023IJanuary
2024
REPORTS
A.3
Progress Reports
Quarterly
A.4
Final Project Summary
February 29, 2024
EXHIBIT B -- FUNDING TERMS
B.5.1
and
B,5.2
Advance Funding Request
As Needed
B.5,6
Advance Funding Recovery Invoices
Quarterly
B.6.1
Reimbursement Requests
As Needed
6.6.7
Final Reimbursement Request
March 31, 2024
The Recipient or Subrecipient must deliver any request for extension of the Work
Completion Date no less than ninety (90) days prior to the Work Completion Date.
Exhibit A
County of Riverside
Agreement No.: D2118003
Page 10 of 18
EXHIBIT B -- FUNDING TERMS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.
Subject to the terms of this Agreement, the State Water Board agrees to provide Project
Funds not to exceed the amount of the Project Funding Amount set forth on the Cover
Page of this Agreement.
f3.2 BUDGET COSTS.
Budget costs are contained in the summary Project Cost table below:
LINE ITEM
TOTAL PROJECT
COSTS
Direct Project Administration Costs
$88,184
Planning/Design/Engineering/Environmental
$411,816
Construction/Implementation
$0
Monitoring/Performance
$0
Education/Outreach
$0
TOTAL
$500,000
The Recipient, Subreciplent, and Imperial LAFCO are prohibited from using Project
Funds for the Recipient's, Subreclpient's or Imperial LAFCO's mark-ups to costs
invoiced or otherwise requested by consultants or contractors,
B.3 LINE ITEM ADJUSTMENTS,
1, Subject to the prior review and approval of the Project Manager, adjustments
between existing line items may be used to defray allowable direct costs up to
fifteen percent (16%) of the total Project Funding Amount, including any
amendment(s) thereto. Line Item adjustments approved by the Project Manager
must be de minimis, less than fifteen percent (15%) of the total Protect Funding
Amount, and may not include any changes to the Scope of Work. Line Item
adjustments In excess of fifteen percent (15%) or line Item adjustments that
result in a change to A.2 Scope of Work will require an Agreement amendment.
2. The Recipient or Subrecipient may submit a request for an adjustment in writing
to the Project Manager. Such adjustment may not increase or decrease the total
Project Funding Amount, The Recipient or Subrecipient shall submit a copy of
Exhibit B
County of Riverside
Agreement No.: D2118003
Page 11 of 18
the original Agreement budget sheet reflecting the requested changes and shall
note proposed changes by striking out the original amount(s) followed with
proposed change(s) in bold and underlined. Budget adjustments deleting a
budget line item or adding a new budget line item shall require a formal
amendment. The Division may also propose budget adjustments.
3, The sum of adjusted line items shall not exceed the total budget amount.
B,4 FUNDING CONDITIONS.
1. The Recipient must submit Its requests for advance payment and its
Reimbursement Requests no later than the Final Reimbursement Request Date
specified herein. If the Recipient does not do so, then the undisbursed balance
of this Agreement may be de-obllgated,
2. The Recipient, Subrecipient, and Imperial LAFCO will not utilize any advanced
funding for, nor seek reimbursement of, any Project Costs that have been
reimbursed from other funding sources.
3. The Recipient and Subrecipient each agree that it will not request a
disbursement or reimbursement of any cost under this Agreement unless that
cost Is allowable, reasonable, and eligible, The Recipient may rely on the
Subreciplents certification that a cost satisfies this requirement.
4. The Subrecipient must use Project Funds within thirty (30) days of receipt to pay
any contractor, vendor, and other Project Costs that it has incurred as of that
time, Any advanced Project Funds received by the Subrecipient that are not
used within thirty (30) days of receipt shall be used to pay eligible Project Costs
within thirty (30) days of incurring such contractor, vendor, and other Protect
Costs. Any interest earned on Project Funds must be reported to the State
Water Board and will be deducted from the final reimbursement, if any, or
returned to the State Water Board.
5. The Recipient, Subrecipient, and Imperial LAFCO each agrees that it shall not be
entitled to interest earned on any undisbursed Project Funds,
6. The Recipient Subrecipient, and Imperial LAFCO must provide any other
documentation in support of this Agreement requested by the State Water Board.
7, Notwithstanding any other provision of this Agreement, no disbursement or
reimbursement shall be required at any time or in any manner that is in violation
of or in conflict with federal or state laws, policies, or regulations.
Exhibit B
County of Riverside
Agreement No.: D2118003
Page 12 of 18
B.5 ADVANCE OF FUNDS PROCEDURE.
Except as may be otherwise provided in this Agreement, advances of Project Funds will
be made as follows:
1. Upon execution of this Agreement by all parties, the Recipient shall submit a
request to the State Water Board for an initial advance of Protect Funds in the
amount of $226,000. Upon approval of the request, the State Water Board
shall disburse this initial amount to the Recipient, The Recipient shall
disburse the entire amount of the advanced Protect Funds to the Subrecipient
within seven (7) working days of receiving the funds,
2. When the remaining balance of the Project Funds held by the Subrecipient Is
$50,000 or less, (1) the Subrecipient shall submit to the State Water Board an
updated budget, a summary of expenditures for Project Costs and the
remaining Project Funds, and a report of any interest earned on Project
Funds, (2) the Subreclplent shall prepare a request that a second advance of
Project Funds be made to the Recipient and provide the request to the
Recipient, and (3) the Recipient shall submit the request to the State Water
Board, The amount of the second request shall be for no more than
$250,000. To the extent that the Subrecipient or Recipient provide sufficient
documentation of the costs requested, as determined by the State Water
Board, the State Water Board shall disburse a second advance of Project
Funds in an amount sufficient to cover the balance of the consultant's full
contracted cost for the Project and other anticipated Project Costs, up to a
maximum of $260,000. The Recipient shall disburse the entire amount of the
second advance to the Subrecipient within seven (7) days of receiving the
funds,
3. The requests for advance funds referenced in section 8 5 1 and B 5 2 must
be made using forms provided by the Division and must include the original
signatures and dates (in Ink) or electronic signature, consistent with the State
Water Board's approved procedures, of the Subrecipient's Authorized
Representative and the Recipient's Authorized Representative. The
Subrecipient shall attest to the eligibility of the funds being requested, and the
Recipient shall attest to making the request pursuant to the terms of this
Agreement.
4, The Recipient and Subreclplent may sign requests for advance of funds either
by an electronic signature consistent with the State Water Board's approved
procedures or by a physical, handwritten signature, The parties mutually
agree that an electronic signature consistent with the State Water Board's
approved procedures is the same as a physical, handwritten signature for the
purposes of validity, enforceability, and admissibility.
Exhibit B
County of Riverside
Agreement No.; D2118003
Page 13 of 18
6. The Subrecipient shall use the Protect Funds for the purposes set forth in
Exhibit A, according to the schedule stated therein and to pay administrative
costs.
6, In the event of an advance payment of Project Funds to the Recipient, the
Subrecipient shall prepare Advance Funding Recovery Invoices for actual
costs Incurred against the advance using forms provided by the Project
Manager on a quarterly basis and provide such Invoices to the Recipient.
The Recipient shall submit such invoices to the State Water Board promptly
upon receipt.
7. The Advance Funding Recovery invoice must contain the following
information:
(a) The date of the Invoice;
(b) The time period covered by the Invoice, i.e., the term "from" and "to";
(c) The total amount of advanced Project Funds expended;
(d) An accounting of Project Funds received and expenditures to date;
(e) The amount of interest, If any, earned by the Recipient, Subrecipient
and Imperial LAFCO on the amounts disbursed under section 6,5.1
and B.5.2; and
(f) Original signature and date (in ink) or electronic signature, consistent
with the State Water Board's approved procedures, of the
Subrecipient's Authorized Representative and the Recipient's
Authorized Representative.
8. The Advance Funding Recovery invoice must be supported by invoices and
supporting documentation Indicating that the work has been performed. The
Invoice must be addressed to the Project Manager as set forth In Section 2 of
this Agreement. An invoice submitted in any other format than the one
provided by the State Water Board will not be accepted. Future payment will
not be made until a corrected invoice is submitted. The Project Manager has
the responsibility for approving invoices. Project Costs Incurred prior to the
Eligible Work Start Date of this Agreement will not be eligible,
9. Prior to fifteen (15) days before the Work Completion Date, the Subrecipient
shall reconcile the total Project Costs incurred, as supported by Advance
Funding Recovery Invoices, to the total Protect Funds received in advance
and return any remaining advanced funds to the Recipient. The Recipient
shall refund any such remaining advanced funds to the State Water Board by
the Work Completion Date set forth on the cover page of this Agreement. In
the event the Agreement is terminated, the Subrecipient shall reconcile the
total Project Costs Incurred prior to the effective date of termination as
supported by the Advance Funding Recovery Invoices to the total Protect
Funds received in advance and return any remaining advanced funds to the
Recipient promptly, and the Recipient shall refund any such remaining
Exhibit B
County of Riverside
Agreement No.: D2118003
Page 14 of 18
advanced funds to the State Water Board promptly, no later than the Work
Completion Date set forth on the cover page of this Agreement.
B.6 REIMBURSEMENT REQUEST AND FINAL FUNDING REIMBURSEMENT
PROCEDURE.
1, if needed, the Subrecipient may prepare Reimbursement Requests for the
Recipient to submit to the State Water Board using the reimbursement
request forms provided by the Project Manager. In no event shall any
reimbursement cause the total Project Funds disbursed to exceed the
Project Funding Amount set forth on the Cover Page of this Agreement.
2, The Reimbursement Request must contain the following information:
(a) The date of the request;
(b) The time period covered by the request, i.e., the term "from" and 'to";
(c) The total amount requested;
(d) An accounting of Project Funds received and expenditures to date;
(e) The amount of interest, if any, earned by the Recipient, Subrecipient
and Imperial LAFCO on the amounts disbursed under section B.5.1
and B.5.2; and
(f) Original signature and date (in Ink) or electronic signature, consistent
with the State Water Board's approved procedures, of the
Subreciplent's Authorized Representative and the Recipient's
Authorized Representative.
3, The Recipient and Subrecipient may sign the Reimbursement Request
either by an electronic signature consistent with the State Water Board's
approved procedures or by a physical, handwritten signature. The parties
mutually agree that an electronic signature consistent with the State Water
Board's approved procedures Is the same as a physical, handwritten
signature for the purposes of validity, enforceability, and admissibility.
4. The Reimbursement Request must be supported by invoices and
supporting documentation indicating that the work has been performed.
The Reimbursement Request must be addressed to the Project Manager
as set forth in Section 2 of this Agreement. A Reimbursement Request
submitted in any other format than the one provided by the State Water
Board will cause the Reimbursement Request to be disputed. In the event
of such a dispute, the Project Manager will notify the Subrecipient.
Payment will not be made until the dispute is resolved and a corrected
Reimbursement Request submitted, The Project Manager has the
responsibility for approving the Reimbursement Request. Project Costs
incurred prior to the Eligible Work Start Date of this Agreement will not be
reimbursed.
Exhibit B
County of Riverside
Agreement No.; D2118003
Page 15 of 18
5. The Recipient and Subrecipient each agree that it will not submit any
Reimbursement Request that includes any Project Costs until such cost
has been incurred and is currently due and payable by the Subrecipient.
The Subrecipient shall certify on the Reimbursement Request that such
cost has been incurred and is currently due and payable, and the
Recipient is entitled to rely on the Subrecipient's certification. The actual
payment of such cost by the Subrecipient Is not required as a condition of
the Reimbursement Request. Supporting documentation (e,g., invoices or
receipts) must be submitted with the Reimbursement Request.
Reimbursement of Project Funds will be made only after receipt of a
complete, adequately supported, properly documented and accurately
addressed Reimbursement Request.
6, The Recipient shall disburse the entire amount of the Reimbursement
Request to the Subrecipient within seven (7) working days of receiving the
funds from the State Water Board.
7, The Final Reimbursement Request must be clearly marked "FINAL
REIMBURSEMENT REQUEST" and must be submitted NO LATER THAN
the Final Reimbursement Request Date.
B.7 REVERTING FUNDS AND DISENCUMBRANCE.
In the event the Recipient does not submit any request for the funds encumbered under
this Agreement timely, any remaining funds revert to the State. The State Water Board
may notify the Recipient and Subrecipient that the project file is closed, and any
remaining balance will be disencumbered and unavailable for further use under the
Agreement,
B.8 FRAUD, WASTE, AND ABUSE,
The Recipient, Subrecipient, and Imperial LAFCO shall prevent fraud, waste, and the
abuse of Project Funds, and shall cooperate in any investigation of such activities that
are suspected in connection with this Agreement. The Recipient, Subrecipient, and
imperial LAFCO understand that discovery of any evidence of misrepresentation or fraud
related to Reimbursement Requests, Advance Funding Recovery invoices, invoices,
proof of payment of Invoices, or other supporting information, Including but not limited to
double or multiple billing for time, services, or any other eligible cost, may result in
administrative action by the State Water Board and/or referral to the Attorney General's
Office or the applicable District Attorney's Office for appropriate action. The Recipient,
Subrecipient, and Imperial LAFCO further understand that any suspected occurrences of
false claims, misrepresentation, fraud, forgery, theft or any other misuse of Project Funds
may result in withholding of reimbursements and/or the termination of this Agreement
requiring the irnmediate repayment of all funds disbursed hereunder.
Exhibit B
County of Riverside
Agreement No.: D2118003
Page 16 of 18
EXHIBIT C — GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS 2019-NOV posted at
https://www.waterboards.ca.gov/water issues/programs/grants loans/general terms.html
is incorporated by reference. The references to the "Recipient" in the General Terms and
Conditions shall mean the "Recipient, the Subrecipient, and/or Imperial LAFCO" for the
purposes of this Agreement, with the exception of paragraph 39 thereof, which is replaced
with the following:
39.RESPONSIBILITY FOR WORK. The Subrecipient shall be responsible for all
work and for persons or entities engaged in work performed pursuant to this
Agreement, including, but not limited to, contractors, subcontractors, suppliers,
and providers of services. The Subrecipient shall be responsible for responding
to any and all disputes arising out of its contracts for work on the Project,
including, but not limited to, payment disputes with contractors and
subcontractors. The State Water Board will not mediate disputes among the
parties, or between any party and any other entity concerning responsibility for
performance of work.
The General Terms and Conditions shall not be construed to alter the disbursement
request procedures set forth in Exhibit B or the Recipient's role as a pass -through entity as
set forth in this Agreement.
Exhibit C
County of Riverside
Agreement No.: D2118003
Page 17 of 18
EXHIBIT D — SPECIAL CONDITIONS
D.1 DEFINITIONS
Each capitalized term used in this Agreement has the following meaning:
"Authorized Representative" means the duly appointed representative of the Recipient,
Subrecipient, or imperial LAFCO as set forth in the certified original of the respective
party's authorizing resolution that designates the authorized representative by title.
"Eligible Work Start Date" means the date set forth on the Cover Page of this
Agreement, establishing the date on or after which any costs may be incurred and
eligible for reimbursement hereunder.
"Project Director" means an employee designated by the Authorized Representative to
be responsible for the overall management of the administrative and technical aspects
of the executed Agreement. The Subrecipient and Imperial LAFCO shall each
designate a Project Director.
D.2 RUSSIAN SANCTIONS
The Recipient, Subreciplent, and Imperial LAFCO each represents that it is not a target
of economic sanctions imposed in response to Russia's actions in Ukraine imposed by
the United States government or the State of California. The Recipient, Subreciplent,
and Imperial LAFCO is each required to comply with the economic sanctions imposed in
response to Russia's actions in Ukraine, Including with respect to, but not limited to, the
federal executive orders Identified in California Executive Order N-6-22, located at
https://www.gov,ca,gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine-Executive-
Order.pdf and the sanctions identified on the United States Department of the Treasury
website (https://home.treasury.dov/policy-issues/financial-sanctions/sanctions-
prggrams-and-country-information/ukraine-russia-related-sanctions). The Recipient,
Subrecipient, and Imperial LAFCO is each required to comply with all applicable
reporting requirements regarding compliance with the economic sanctions, including,
but not limited to, those reporting requirements set forth in California Executive Order N-
6-22 for all Recipients with one or more agreements with the State of California with an
aggregated value of Five Million Dollars ($5,000,000) or more. Notwithstanding any
other provision in this Agreement, failure to comply with the economic sanctions and all
applicable reporting requirements may result in termination of this Agreement.
For recipients with an aggregated agreement value of Five Million Dollars ($5,000,000)
or more with the State of California, reporting requirements include, but are not limited
to, information related to steps taken in response to Russia's actions in Ukraine,
including but not limited to:
Exhibit D
County of Riverside
Agreement No,: D2118003
Page 18 of 18
1 Desisting from making any new Investments or engaging In financial transactions
with Russian institutions or companies that are headquartered or have their
principal place of business in Russia;
2, Not transferring technology to Russia or companies that are headquartered or
have their principal place of business in Russia; and
3. Direct support to the government and people of Ukraine.
Exhibit D