Common use of BASIC CONDITIONS Clause in Contracts

BASIC CONDITIONS. A. Unless exempt as per the 2019 IRWM Implementation Grant Proposal Solicitation Package, project(s) that are subject to the California Environmental Quality Act (CEQA) including final land purchases, shall not be included in this Agreement until the CEQA process is completed and all permits necessary to begin construction are acquired. Projects providing at least 75% of benefits to a disadvantaged community (DAC), economically distressed area (EDA), and/or Tribe (based on population or geography), or projects implemented by Tribes will be exempt from this requirement. i. Such projects will be included in the Agreement as a placeholder. Placeholder projects are not eligible for grant reimbursement and may not submit invoices to DWR until such time as they are fully included in the Agreement. ii. Placeholder projects that complete CEQA and/or acquire permits (necessary to begin construction) within eighteen (18) months of the agreement execution date will be amended into the agreement. At the end of the eighteen (18)-month term, any placeholder projects that fail to complete CEQA and/or acquire permits will be deleted from the Agreement. The total grant award will be reduced by the amount of the deleted project(s). Replacement projects will not be allowed. Reduced amount will be made available to the respective Funding Area in future funding rounds on a competitive basis. Deleted placeholder projects will not be eligible to receive any grant reimbursement under this Agreement; however, such project could be eligible under the next round of grant solicitation. B. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable): i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth on pages 9-11, inclusive, of the 2019 IRWM Implementation Grant Program Guidelines (2019 Guidelines). ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation ($0 Invoices are acceptable). The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e. reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 14, “Submission of Reports” and Exhibit A, “Work Plan”. iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State. 1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed: a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State, b) Documents that satisfy the CEQA process are received by the State, c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal. The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for 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. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 16, “Monitoring Plan Requirements,” if applicable.

Appears in 4 contracts

Samples: Grant Agreement, Local Project Sponsor Agreement, Grant Agreement

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BASIC CONDITIONS. A. Unless exempt as per the 2019 2021 IRWM Implementation Grant Proposal Solicitation Package, project(s) that are subject to the California Environmental Quality Act (CEQA) including final land purchases, shall not be included in this Agreement until the CEQA process is completed and all permits necessary to begin construction are acquired. Projects providing at least 75% of benefits to a disadvantaged community (DAC), economically distressed area (EDA), and/or Tribe (based on population or geography), or projects implemented by Tribes will be exempt from this requirement. i. Such projects will be included in the Agreement as a placeholder. Placeholder projects are not eligible for grant reimbursement and may not submit invoices to DWR until such time as they are fully included in the Agreement. ii. Placeholder projects that complete CEQA and/or acquire permits (necessary to begin construction) within eighteen (18) months of the agreement execution date will be amended into the agreementAgreement. At the end of the eighteen (18)-month term, any placeholder projects that fail to complete CEQA and/or acquire permits will be deleted from the Agreement. The total grant award will be reduced by the amount of the deleted project(s). Replacement projects will not be allowed. Reduced amount will be made available to the respective Funding Area in future funding rounds on a competitive basis. Deleted placeholder projects will not be eligible to receive any grant reimbursement under this Agreement; however, such project could be eligible under the next round of grant solicitation. B. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable): i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth on pages 9-11, inclusive, of the 2019 IRWM Implementation Grant Program Guidelines (2019 Guidelines). ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation ($0 Invoices are acceptable). The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e. reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 14, “Submission of Reports” and Exhibit A, “Work Plan”. iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State. 1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed: a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State, b) Documents All documents that satisfy the CEQA process are received by the State, c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal. The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for 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. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 16, “Monitoring Plan Requirements,” if applicable.

Appears in 2 contracts

Samples: Grant Agreement, Grant Agreement

BASIC CONDITIONS. A. Unless exempt as per the 2019 IRWM Implementation Grant Proposal Solicitation Package, project(s) that are subject to the California Environmental Quality Act (CEQA) including final land purchases, shall not be included in this Agreement until the CEQA process is completed and all permits necessary to begin construction are acquired. Projects providing at least 75% of benefits to a disadvantaged community (DAC), economically distressed area (EDA), and/or Tribe (based on population or geography), or projects implemented by Tribes will be exempt from this requirement. i. Such projects will be included in the Agreement as a placeholder. Placeholder projects are not eligible for grant reimbursement and may not submit invoices to DWR until such time as they are fully included in the Agreement. ii. Placeholder projects that complete CEQA and/or acquire permits (necessary to begin construction) within eighteen (18) months of the agreement execution date will be amended into the agreement. At the end of the eighteen (18)-month term, any placeholder projects that fail to complete CEQA and/or acquire permits will be deleted from the Agreement. The total grant award will be reduced by the amount of the deleted project(s). Replacement projects will not be allowed. Reduced amount will be made available to the respective Funding Area in future funding rounds on a competitive basis. Deleted placeholder projects will not be eligible to receive any grant reimbursement under this Agreement; however, such project could be eligible under the next round of grant solicitation. B. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable): i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth on pages 9-11, inclusive, of the 2019 IRWM Implementation Grant Program (Program) Guidelines (2019 Guidelines). ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation ($0 Invoices are acceptable). The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e. reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 14, “Submission of Reports” and Exhibit A, “Work Plan”. iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State. 1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed: a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State, b) Documents that satisfy the CEQA process are received by the State, c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal. The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for 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. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 16, “Monitoring Plan Requirements,” if applicable.

Appears in 2 contracts

Samples: Grant Agreement, Grant Agreement

BASIC CONDITIONS. A. Unless exempt as per the 2019 IRWM Implementation Grant Proposal Solicitation PackagePackage (Exhibit A), project(s) that are subject to the California Environmental Quality Act (CEQA) and/or environmental permitting (including final land purchases, ) shall not be included in this Agreement until the CEQA process is completed and all permits necessary to begin construction are acquired. Projects providing at least 75% of benefits to a disadvantaged community (DAC)DACs, economically distressed area (EDA)EDAs, and/or Tribe Tribes (based on population or geography), or projects implemented by Tribes will be exempt from this requirement. i. Such projects will be included in the Agreement as a placeholder. Placeholder projects are not eligible for grant reimbursement and may not submit invoices to DWR until such time as they are fully included in the AgreementAgreement as described below. ii. Placeholder A single amendment to the Agreement will be allowed to include projects that complete CEQA and/or acquire permits (necessary to begin construction) construction within eighteen (18) twelve months of the agreement execution date will be amended into the agreementFinal Award. At the end of the eighteen (18)-month termWithin this single amendment, any placeholder projects that fail to complete did not meet the CEQA and/or acquire permits and permitting eligibility requirements will be deleted from the Agreement. The total grant award will be reduced by the amount of the deleted project(s). Replacement projects will not be allowed. Reduced amount will be made available to the respective Funding Area in future funding rounds on a competitive basis. Deleted placeholder projects will not be eligible to receive any grant reimbursement under this Agreement; , however, such project could be eligible under the next round of grant solicitation. B. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable): i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth on pages 9-11, inclusive, of the 2019 IRWM Implementation Grant Program Guidelines (2019 Guidelines). ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice Reports, associated quarterly invoices, and all invoice backup documentation ($0 Invoices are acceptable). The Quarterly Progress Report shall be submitted within no later than 60 days following the end of the calendar quarter as first determined from the date of the executed Agreement (i.e. reports due e.g. If execution date is August 1, then submit by November 1st, February 1st, May 30, 1st and the following August 29, November 29, and March 11st.) and all other deliverables as required by Paragraph 14, “Submission of Reports” and Exhibit A, “Work Plan.. iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State. 1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 2. Work that is subject to the California Environmental Quality Act (CEQA) and/or environmental permitting (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed: a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State, b) Documents that satisfy the CEQA process are received by the State, c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) process and State’s notice of verification of environmental permit submittal. The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for 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. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statementsenvironmental impact statements, Finding finding of No Significant Impactno significant impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 16, “Monitoring Plan Requirements,” if applicableapplicable for Implementation Components/Project(s).

Appears in 1 contract

Samples: Grant Agreement

BASIC CONDITIONS. A. Unless exempt as per the 2019 IRWM Implementation Grant Proposal Solicitation Package, project(s) that are subject to the California Environmental Quality Act (CEQA) including final land purchases, shall not be included in this Agreement until the CEQA process is completed and all permits necessary to begin construction are acquired. Projects providing at least 75% of benefits to a disadvantaged community (DAC), economically distressed area (EDA), and/or Tribe (based on population or geography), or projects implemented by Tribes will be exempt from this requirement. i. Such projects will be included in the Agreement as a placeholder. Placeholder projects are not eligible for grant reimbursement and may not submit invoices to DWR until such time as they are fully included in the Agreement. ii. Placeholder projects that complete CEQA and/or acquire permits (necessary to begin construction) within eighteen (18) months of the agreement execution date will be amended into the agreement. At the end of the eighteen (18)-month term, any placeholder projects that fail to complete CEQA and/or acquire permits will be deleted from the Agreement. The total grant award will be reduced by the amount of the deleted project(s). Replacement projects will not be allowed. Reduced amount will be made available to the respective Funding Area in future funding rounds on a competitive basis. Deleted placeholder projects will not be eligible to receive any grant reimbursement under this Agreement; however, such project projects could be eligible under the next round of grant solicitation. B. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable): i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth on pages 9-11, inclusive, of the 2019 IRWM Implementation Grant Program (Program) Guidelines (2019 Guidelines). ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation ($0 Invoices are acceptable). The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e. reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 14, “Submission of Reports” and Exhibit A, “Work Plan”. iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State. 1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed: a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State, b) Documents that satisfy the CEQA process are received by the State, c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal. The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for 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. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 16, “Monitoring Plan Requirements,” if applicable.

Appears in 1 contract

Samples: Subgrant Agreement

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BASIC CONDITIONS. A. Unless exempt as per A Commitment Letter from the 2019 State to FCWCD dated September 20, 2011 provides that the Grant is contingent upon the IRWM Implementation Regional Water Management Group adopting an updated IRWM Plan within two (2) years of the effective date of the Grant Proposal Solicitation PackageAgreement. In accordance with Paragraph 4.4 of the San Xxxx Obispo County Region IRWM Program Participants Memorandum of Understanding, project(s) that are subject COUNTY shall contribute its proportionate share to the California Environmental Quality Act (CEQA) including final land purchases, shall not be included in this Agreement until the CEQA process is completed and all permits necessary to begin construction are acquired. Projects providing at least 75% of benefits to a disadvantaged community (DAC), economically distressed area (EDA), and/or Tribe (based on population or geography), or projects implemented by Tribes will be exempt from this requirement. i. Such projects will be included in the Agreement as a placeholder. Placeholder projects are not eligible for grant reimbursement and may not submit invoices to DWR until such time as they are fully included in the Agreement. ii. Placeholder projects that complete CEQA and/or acquire permits (necessary to begin construction) within eighteen (18) months costs of the agreement execution date will update. FCWCD has determined COUNTY’s proportionate share to be amended into $91.060.00, and COUNTY shall remit payment in full to the agreement. At the end address listed in Paragraph 9 within forty five (45) days of the eighteen (18)-month termExecution Date. FCWCD shall have no obligation to disburse any Grant funds to COUNTY until it receives full payment. In addition, any placeholder projects that fail to complete CEQA and/or acquire permits will be deleted from the Agreement. The total grant award will be reduced by the amount of the deleted project(s). Replacement projects will not be allowed. Reduced amount will be made available to the respective Funding Area in future funding rounds on a competitive basis. Deleted placeholder projects will not be eligible to receive any grant reimbursement under this Agreement; however, such project could be eligible under the next round of grant solicitation. B. The State FCWCD shall have no obligation to disburse money for the Project(s) Project under this Grant Funding Agreement unless and until the Grantee COUNTY has satisfied the following conditions in accordance with the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. a) COUNTY demonstrates the availability of sufficient funds to complete the Project by submitting the most recent 3 years of audited financial statements. b) COUNTY complies with PRC §75102 to notify the California Native American tribe (which is on the contact list maintained by the Native American Heritage Commission) of Project construction if applicable):that tribe has traditional lands located within the area of the Project. i. The Grantee shall c) To the extent that the Project is a groundwater management and recharge project or has potential groundwater impacts, the COUNTY must demonstrate compliance with all eligibility criteria as the groundwater compliance options set forth on pages 9-11, inclusive, page 15 of the 2019 IRWM Implementation Grant Program Guidelines (2019 Guidelines), dated August 2010. ii. d) For the term of this Funding Agreement, the Grantee shall submit COUNTY submits timely Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation ($0 Invoices are acceptable). The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e. reports due May 30, August 29, November 29, and March 1) and all other deliverables to FCWCD as required by Paragraph 1416, “Submission of Reports.The deadlines set forth in Paragraph 16 are intended to give the FCWCD sufficient time to prepare and Exhibit A, “Work Plan”submit combined Quarterly Progress Reports (covering all projects funded by the Grant) to the State before the deadlines prescribed in the Grant Agreement. iii. e) COUNTY submits all deliverables as specified in this Paragraph of the Funding Agreement and the Work Plan in Exhibit A. f) Prior to the commencement of construction or implementation activities, if applicable, the Grantee COUNTY shall submit to the following FCWCD (for submittal to the State.) the following: 1. ) Final plans and specifications certified, signed and stamped certified by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreementthe Project. 2. Work ) COUNTY shall not proceed with any work on the Project that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement and/or environmental permitting until the following actions are performed: a) The Grantee i. COUNTY submits to the State all applicable environmental permits, permits as indicated on the Environmental Information Form to the FCWCD (for submittal to the State), b) ii. Documents that satisfy the CEQA process are received by the State, c) The iii. State has completed its CEQA process compliance review as a Responsible Agency, and d) The Grantee iv. COUNTY receives written notification concurrence from the State of concurrence with the Lead AgencyCOUNTY’s CEQA documents (sdocument(s) and State’s State notice of verification of environmental permit submittal. The Pursuant to the Grant Agreement, State’s concurrence of Lead AgencyCOUNTY’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., ex. construction or implementation activities) for which it is required. Therefore, the COUNTY should get concurrence from the State on CEQA before beginning any of the work that is subject to CEQA. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, Project or to require changes, alterations, alterations or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall COUNTY must also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statementsenvironmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ construction/implementation. iv. 3) A monitoring plan as required by Paragraph 1621, “Project Monitoring Plan Requirements,” if applicable.

Appears in 1 contract

Samples: Funding Agreement

BASIC CONDITIONS. A. Unless exempt as per the 2019 IRWM Implementation Grant Proposal Solicitation Package, project(s) that are subject to the California Environmental Quality Act (CEQA) including final land purchases, shall not be included in this Agreement until the CEQA process is completed and all permits necessary to begin construction are acquired. Projects providing at least 75% of benefits to a disadvantaged community (DAC), economically distressed area (EDA), and/or Tribe (based on population or geography), or projects implemented by Tribes will be exempt from this requirement. i. Such projects will be included in the Agreement as a placeholder. Placeholder projects are not eligible for grant reimbursement and may not submit invoices to DWR until such time as they are fully included in the Agreement. ii. Placeholder projects that complete CEQA and/or acquire permits (necessary to begin construction) within eighteen (18) months of the agreement execution date will be amended into the agreement. At the end of the eighteen (18)-month term, any placeholder projects that fail to complete CEQA and/or acquire permits will be deleted from the Agreement. The total grant award will be reduced by the amount of the deleted project(s). Replacement projects will not be allowed. Reduced amount will be made available to the respective Funding Area in future funding rounds on a competitive basis. Deleted placeholder projects will not be eligible to receive any grant reimbursement under this Agreement; however, such project could be eligible under the next round of grant solicitation. B. The State shall have no obligation to disburse money for the Project(s) a project under this Grant Agreement unless and until the Grantee has satisfied the following conditions in accordance with the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. a) By signing this Grant Agreement, Xxxxxxx demonstrates the designated Local Project Sponsors for each project are aware of and comply with the provisions of the Grant Agreement between State and Grantee. b) Grantee demonstrates the availability of sufficient funds to complete the project, as stated in the Grant Award/Commitment Letter, by submitting the most recent 3 years of audited financial statements. c) Grantee complies with PRC §75102 to notify the California Native American tribe (which is on the contact list maintained by the Native American Heritage Commission) of Project Construction if applicable):that tribe has traditional lands located within the area of the Project. i. The d) For groundwater management and recharge projects and for projects with potential groundwater impacts, the Grantee shall must demonstrate compliance with all eligibility criteria as the groundwater compliance options set forth on pages 9-11, inclusive, page 15 of the 2019 IRWM Implementation Grant Program Guidelines (2019 Guidelines), dated August 2010. ii. e) For the term of this Grant Agreement, the Grantee shall submit submits timely Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation ($0 Invoices are acceptable). The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e. reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 1417, “Submission of Reports.” f) Grantee submits all deliverables as specified in this Paragraph of this Grant Agreement and Work Plan in Exhibit AA. g) Since the Grantee’s IRWM region (region) receives water supplied from the Sacramento-San Xxxxxxx Delta (Delta), “Work Plan”then the region’s IRWM Plan (existing or any future update) must help reduce dependence on the Delta for water supply. iii. Prior h) For each project, prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State.State the following: 1. ) Final plans and specifications certified, signed and stamped certified by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 2. ) Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) and or environmental permitting shall not proceed under this Grant Agreement until the following actions are performed: a) The i. Grantee submits to the State all applicable environmental permits, permits as indicated on the Environmental Information Form to the State, b) ii. Documents that satisfy the CEQA process are received by the State, c) The iii. State has completed its CEQA process compliance review as a Responsible Agency, and d) The iv. Grantee receives written notification concurrence from the State of concurrence with the Lead Agency’s CEQA documents (sdocument(s) and State’s State notice of verification of environmental permit submittal. The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., ex. construction or implementation activities) for which it is required. Therefore, the Grantee should get concurrence from DWR on CEQA before beginning any of the work that is subject to CEQA. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, project or to require changes, alterations, alterations or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall must also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, including Environmental Impact Statementsenvironmental impact statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ construction/implementation. iv. A 3) For each project included in this Grant Agreement a monitoring plan as required by Paragraph 1622, “Project Monitoring Plan Requirements,” if applicable.

Appears in 1 contract

Samples: Indemnity Agreement

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