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ORiGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: John Hoeger, Project Manager
Subject: Resolutions authorizing the
execution of agreements concerning the
distribution of federal grant proceeds
related to the North Lake Project
Dept: Mayor's Office
Date: December 9, 2004
Meeting Date: December 20, 2004
Synopsis of Previous Council Action:
Recommended motion:
Adopt resolutions
"
...~)U1r-
Signature
Contact person: John Hoeger
Phone: 384-5133
Supporting data attached: Resolutions, Agreements
Ward:
FUNDING REQUIREMENTS: Amount: None
Source: (Accl. No.)
(Accl. Description)
Finance:
cou~ Notes:
'4. .I.(1i ;}V{)~ - Yi 7 W
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Agenda Item No. ;) t-/
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STAFF REPORT
Subiect:
Resolutions authorizing the execution of agreements concerning the distribution of
federal grant proceeds related to the North Lake Project
Back2:round:
For several years, members of the JPA have been working with Congressman Jerry Lewis
to obtain federal funding for the North Lake Project. Two such appropriations have now
been approved.
The first was a Science and Technology grant from EP A for a "FY03 Special
Appropriation - City of San Bernardino's North Lake Project". It was in the amount of
$447,100 and (following extensive discussions with City staff) EPA staff approved using
these FY 03 funds to reimburse a substantial portion of the JPA's consulting costs to date.
Covered costs include work performed by RBF Consulting and by Lewis, Brisbois,
Bisgaard and Smith subsequent to October 1, 2002, for development of a CEQA
Environmental Impact Report for the North and South Lakes. The reimbursement has
been funded and the City (as grantee) received $447,100 in the fall of2004. There was no
match requirement for these funds.
Secondly, the City has been awarded an additional EPA grant for "FY04 City of San
Bernardino Water Infrastructure" in the amount of $482,100. EP A staff approved using
these FY 04 funds for future costs of the San Bernardino Valley Municipal Water District
("Valley") associated with completing conceptual designs, with NEPA-related analysis
certification and mitigation, and (following NEP A certification) for property acquisition,
demolition, and relocation activities. These funds are for expenditures subsequent to
October 1,2003, and will be drawn down as qualifying expenses are incurred. There is a
45% match requirement ($394,446) for this appropriation, which Valley will provide.
Two agreements are needed to distribute these grants among the appropriate parties and
to adjust existing loan balances correspondingly. The terms of the loan agreements held
by the City and Valley from the JPA provide, among other things, that any grant funds
received for the projects will be shared equally. The following agreements will
implement that provision and also meet EPA's requirements.
The first, the attached Sub-Recipient Agreement, is between the City and the JPA. It
provides that the JP A will be the sub-recipient for the FY03 grant of $447,100. The JP A
will then make equal payments to Valley and to the City to reduce the outstanding
balances of its existing $850,000 loan agreements from each agency.
The second, the attached Grant Allocation Agreement, is between the City and Valley. It
provides that the City (as the EP A grantee for the FY 04 grant of $482,100) will process
all of the associated reimbursements for Valley with Valley being responsible for
compliance with the grant assurances and providing all local matching funds. In return,
Valley will pay the City's General Fund an amount equal to one half of these
reimbursements. Both the City and Valley will execute Instruments of Forbearance to
further reduce the remaining amounts due under their loans to the JP A.
Financial Impact:
There is no direct financial impact upon the City as a result of these agreements; the City
is acting to pass through the grant funds to the JPA and Valley. However, by facilitating
the distribution of grant proceeds through approval of these agreement, the JP A will be
able to partially repay the City's loans as previously made to the JP A.
The EP A grants total $929,200. Collectively, after eliminating inter-party transfers, the
attached agreements divide this grant money to reimburse the parties for part of their
loans to the JPA, with $464,600 going to the City and $464,600 going to Valley. These
amounts will be treated as reductions in loan balances due from the JP A to both the City
and Valley respectively. Valley will become responsible for $394,446 in matching funds.
Recommendation:
Adopt resolutions
1
2
CC(d'~y
RESOLUTIO:\ NO.
RESOLlTION OF THE MAYOR AND C01\l:\1O:\ COUNCIL OF THE CITY OF SAN
3 BERNARDINO AUTHORIZING THE EXECUTION OF A SUB-RECIPIENT
4 AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO REGIONAL WATER RESOURCES AUTHORITY CONCERNING
5 THE DISTRIBUTION OF FEDERAL GRANT PROCEEDS RELATED TO THE
NORTH LAKE PROJECT
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
9
10
directed to execute on behalf of said City, the Sub-Recipient Agreement between the City of
San Bernardino and the San Bernardino Regional Water Resources Authority. a copy of which
11
12 is attached hereto marked Exhibit "A ,. and incorporated herein by reference as fully as though
13 set forth at length.
14
SECTION 2.
The authorization to execute the above-referenced agreement is
15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
16 of this resolution.
17
18
19
20
21
22
23
24
25
26
27
28
17 o. t,tllf-
I ~JVJ /or;
1
2
3
4
5
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A SUB-RECIPIENT
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO REGIONAL WATER RESOURCES AUTHORITY CONCERNING
THE DISTRIBUTION OF FEDERAL GRANT PROCEEDS RELATED TO THE
NORTH LAKE PROJECT
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a
meeting thereof, held on the
8
day of
,2004, by the following Yote, to wit:
9 Council Members:
10
ESTRA.DA
11
12 LONGVILLE
13 MCGIN""I\IS
14 DERRY
15 KELLY
16 JOHNSOJ\
17
MCCAMl'vlACK
18
19
NAYS
ABST AN ABSENT
AYES
20
21
22
23
24
City Clerk
The foregoing resolution is hereby approved this
day of
2004.
Judith Valles, Mayor
City of San Bernardino
25 Approved as to
Form and legal content:
26
James F. Penman, City Attorney
27
28 B'~~~,
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SUB-RECIPIENT AGREEMENT
City of San Bernardino
and
San Bernardino Regional Water Resources Authorit).
THIS SUB-RECIPIENT AGREEMENT (this "Agreement") is dated as of December
_, 2004, by and between the City of San Bernardino, a California charter city and a public
body, corporate and politic (the "City"), and the San Bernardino Regional Water Resources
Authority, a joint powers authority organized and operating under Government Code Section
6500, et seq. (the "Authority").
WHEREAS, the City is a recipient of certain federal grant funds from the United States
Environmental Protection Agency (the "EPA"), which grant funds are referred to as the "FY03
Special Appropriation - City of San Bernardino's North Lake Project", in the amount of Four
Hundred Forty-Seven Thousand One Hundred Dollars ($447,100) (the "EPA Grant"); and
WHEREAS, the City has entered into a standard form EP A Grant Agreement with the
EP A dated July 23, 2004 (the "EP A Grant Agreement"), which EP A Grant Agreement among
other things sets forth certain grant assurances on the part of the City to the EP A to be performed
by the City as a condition ofreceiving the EP A Grant funds: and
WHEREAS, a copy of the EPA Grant Agreement is attached hereto as Exhibit "A" and
incorporated herein by reference; and
\VHEREAS, the purpose of the EP A Grant is to reimburse the City for eligible expenses
previously incurred and paid by or on behalf of the City for a portion of the planning and
environmental processing expenses related to the initial environmental review and the
preparation of emironmental documents ('"Environmental Documents") for a certain North Lake
Project (the "Project"); and
WHEREAS, the Authority has incurred certain expenses in furtherance of the Project,
including, but not limited to, costs related to the retention of a consultant to assist the Authority
with the development and implementation of the initial phase of the environmental review and
the preparation of the Environmental Documents; and
WHEREAS, the City and the Authority seek to provide for the terms and conditions for
the disbursal of the EP A Grant funds from the City to the Authority, and the acceptance and
application of the EP A Grant funds by the Authority, as a reimbursement of such eligible Project
expenses incurred by the Authority with the intent that the Authority shall subsequently repay a
portion of the principal amounts owed by the Authority to the City and the San Bernardino
Valley Municipal Water District (the "District") for a certain jointly funded loan in the aggregate
principal amount of $ 1,700,000 as previously approved and funded by the City and the District
to the Authority.
4840.1733-37602
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged.
the City and the Authority agree as follows:
I. Purpose of Agreement. The parties intend that this Agreement shall be executed
and entered into by and between the City and the Authority in furtherance of the Project and. in
particular. the provisions of, and the grant assurances applicable to, the City as contained in the
EPA Grant Agreement referred to in the Recitals hereof. The acceptance of the EP A Grant funds
by the Authority as a sub-recipient of the City under the EP A Grant Agreement for purposes of
reimbursing the portion of the costs incurred and paid with respect to the initial environmental
review and preparation of the Environmental Documents is hereby determined by the parties to
satisfy in all respects the requirements of the EP A Grant Agreement for the use and disbursement
of EP A Grant funds thereunder.
'") Acceptance of EP A Grant Funds bv Authoritv. The City hereby agrees to
transmit to the Authority, and the Authority hereby agrees to accept, the EP A Grant funds as
disbursed to it by the City as a reimbursement for a portion of the Authority's eligible prior
incurred and paid expenses related to the Project in an amount not to exceed Four Hundred
Forty-Seven Thousand One Hundred Dollars ($447'\00). The Authority agrees that as a sub-
recipient to the City under the EP A Grant Agreement it shall comply with any and all of the
grant assurances required of the City under the EP A Grant Agreement as attached hereto as said
Exhibit "A",
3. Reimbursement from EP A Grant. The City has previously received the
full amount of the EP A Grant pursuant to the EP A Grant Agreement based upon the information,
invoices and other supporting documentation furnished to the City by the Authority in
furtherance of the Project, and the City shall disburse the proceeds of the EDA Grant to the
Authority in accordance with this Agreement. The Authority has previously provided the City
'with copies of invoices for those expenses incurred and paid by the Authority related to (i) the
planning and environmental process for the initial phase of the environmental review of the
Project, Oi) the preparation of the Environmental Documents in furtherance of the Project, and
(iii) other related administrative expenses of the Project incurred and paid by the Authority.
4, Compliance with EP A Grant Terms. The City and the Authority hereby agree
that each party shall. respectively, comply with all terms set forth in the EP A Grant, and shall use
and apply proceeds of the EP A Grant in accordance with the specific terms and conditions of the
award of the EPA Grant and the EP A Grant Agreement.
5, Application of EP A Grant Funds bv Authority. The Authority as a sub-recipient
to the City under the EP A Grant Agreement shall apply the EP A Grant funds as received from
the City under this Agreement for the purpose of repaying equally a portion of that certain
$1,700,000 aggregate principal amount of a loan as made to the Authority of which $850,000
was loaned by each of the City and the District to the Authority, pursuant to the terms of a
second loan agreement (the "Loan Agreement"). All proceeds of the EP A Grant shall be
disbursed by the City to the Authority as soon as practicable after the date that this Agreement
has been duly approved and executed by the parties hereto, The Authority shall promptly after
4840-1733-37602
'")
receipt of the reimbursement of the funds from the City representing the proceeds of the EP A
Grant, duly enter a notation on the official records of the Authority indicating that the previously
expended moneys attributable in part to the proceeds received by the Authority under the Loan
Agreement have been reimbursed to the Authority from the EP A Grant as a legally available
revenue source of the Authority. Thereafter, the Authority shall cause to be prepared checks to
repay to the City and the District certain principal amounts equal to $223,550 each as a partial
repayment of the principal amounts owed by the Authority to the City and the District under the
Loan Agreement. Such amounts as and when received by the City and District shall have no
further restrictions imposed upon the uses thereof except as may be applicable to the City and the
District pursuant to State law.
6. Time of Essence. Time is strictly of the essence with respect to each and every
term, condition, obligation and provision hereof and failure to timely perform any of the terms,
conditions. obligations or provisions hereof by either party shall constitute a material breach of
and a default under this Agreement by the party so failing to perform.
7. No Waiver. Failure to exercise any right the City may have or be entitled to, in
the event of default by the Authority hereunder. shall not constitute a waiver of such right or any
other right, in the event of a subsequent default by the Authority.
8. Events of Default.
(a) Failure or delay by either party to perform any material term or provision
of this Agreement shall constitute a default under this Agreement; provided, ho\vever, that if the
party who is otherwise claimed to be in default by the other party commences to cure. correct or
remedy the alleged default within thirty (30) calendar days after receipt of written notice
specifying such default and diligently pursues such cure. correction or remedy to completion,
such party shall not be deemed to be in default hereunder.
(b) The party that may claim that a default has occurred shall give \vritten
notice of default to the party in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of default;
provided, however, the injured party shall have no right to exercise any remedy for a default
hereunder without delivering the written default notice as specified herein.
(c) Any failure or delay by a party in asserting any of its rights and remedies
as to any default shall not operate as a waiver of any default or of any rights or remedies
associated with a default. Except with respect to rights and remedies expressly declared to be
exclusive in this Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the same default or any
other default by the other party.
(d) Tn the event that a default of either party may remain uncured for more
than thirty (30) calendar days following written notice, as provided above, a "breach" shall be
deemed to have occurred. In the event of a breach, the party who is not in default shall be
484(1-1 :33-3760.2
3
entitled to terminate this Agreement by serving \\Titten notice of such termination on the other
party and shall be entitled to exercise all other remedies as specified in this Agreement.
(e) Upon default by the Authority the City shall be released from any further
obligations under this Agreement: provided, however, in the event that such default by the
Authority shall have occurred after the date that the EP A Grant funds have been remitted by the
City to the Authority, the City shall be entitled to bring an action for specific performance
against the Authority to require the Authority to perform the activities related to the partial
repayment of the Loan Agreement as agreed to by the Authority in this Agreement. Upon a
default by the City, the Authority may institute any proceeding at law or in equity to enforce the
obligations of the City under this Agreement including the obligation of the City to timely remit
to the Authority the full amount of the EP A Grant as set forth in Sections 2 and 5 hereof. In any
action arising under this Agreement between the parties hereto, the prevailing party shall be
entitled to reimbursement from the other party of all costs and expenses, including reasonable
attorney's fees, in bringing such action. The costs, salary and expenses of the City Attorney of
the City and members of his office in enforcing this Agreement shall be considered as
"attorneys' fees" for purposes of this Section 8. Any such action or proceeding must be
commenced in the Superior Court for the County of San Bernardino, San Bernardino District,
State of California.
9. Further Assurances. The Authority shall execute any further documents
consistent with the terms of this Agreement. including documents in recordable form, as the City
shall from time-to-time deem necessary or appropriate to effectuate its purposes in entering into
this Agreement.
10. Amendment of Agreement. No modification, reSCISSIon, waiver, release or
amendment of any provision of this Agreement shall be made except by a written agreement
executed by the Authority and the City.
II. No Assignment. Neither the City nor the Authority shall assign any of their rights
or obligations under this Agreement.
12. Term. This Agreement shall terminate upon the occurrence of both (i) the full
and final disbursement of the EP A Grant funds by the City to the Authority, in an amount equal
to Four Hundred Forty-Seven Thousand One Hundred Dollars ($447.100), and (ii) the
subsequent remittance of equal portions of said amount to the City and the District as a partial
repayment pursuant to the Loan Agreement as further provided in Sections 2. 3 and 5 hereof.
13. Notices. Notices shall be presented in person or by certified or registered United
States mail. return receipt requested, postage prepaid, or by overnight delivery made by a
nationally recognized delivery service to the addresses noted below. Notice presented by United
States mail shall be deemed effective the second business day after deposit with the United
States Postal Service. This Section shall not prevent giving notice by personal service or
telephonically verified fax transmission. which shall be deemed effective upon actual receipt of
such personal service or telephonic verification. Either party may change their address for
receipt of written notice by so notifying the other party in writing.
.jg.j().1733-3760 2
4
TO CITY:
City of San Bernardino
300 North "D" Street, Sixth Floor
San Bernardino. California 92418
Attention: City Administrator
Phone: (909) 384-5122
Fax: (909) 384-5138
TO AUTHORITY:
San Bernardino Regional V.later
Resources Authority
300 North "D" Street. Sixth Floor
San Bernardino. California 92418
Attention: John Hoeger
Phone: (909) 384-5133
Fax: (909) 384-5067
with a copy to:
Lewis Brisbois Bisgaard & Smith LLP
650 East Hospitality Lane, Suite 600
San Bernardino, California 92408
Attention: Timothy 1. Sabo
Phone: (909) 387-1130
Fax: (909) 387-1138
14. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any legal action brought under this
Agreement must be instituted in the Superior Court of the County of San Bernardino, State of
California.
15. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and may not be amended without the prior written consent of both of the parties hereto.
This Agreement supersedes all prior negotiation, discussions and previous agreements between
the parties concerning the subject matter herein. The parties intend that this Agreement shall be
the final expression of their agreement with respect to the subjects contained herein and a
complete and exclusive statement of such agreement. No modification, amendment or waiver of
any term of this Agreement shall be binding unless executed in writing by the parties hereto.
16. Severabilitv. Each and every Section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or
the application thereof shall be declared invalid or unenforceable. the remainder of this
Agreement. or the application of such term or provision to circumstances, other than those to
which it is invalid or unenforceable. shall not be affected thereby and each term and provision of
this Agreement shall be valid and enforceable to the fullest extent permitted by law.
17. Counterparts. This Agreement may be executed in counterparts. and facsimile
signatures shall be as effective as original signatures. Upon the execution hereof by the
appropriate representative of each of the parties, this Agreement shall be deemed to have been
-l8..J.O.1733.3760':
5
approved by the governing bodies of each of the parties In accordance with all applicable
provisions of State law.
18. Enforceabilitv of Al2reement. This Agreement. shall be deemed to be an
enforceable agreement by and between the parties hereto. Either of the parties may bring such
legal or equitable action as may be permitted under the laws of the State of California to enforce
any provision of this Agreement in the manner as provided in Section 8 hereof. The successful
party in any such action to interpret or enforce any provision hereof shall be entitled to receive
from the party against which enforcement is sought all costs associated with such successful
action as further provided in Section 8l e) hereof.
4R40-173 .1-3 760.2
6
IN WITNESS WHEREOF. each of the parties hereto has executed this Agreement as of
the date first written above.
CITY:
City of San Bernardino
By:
Judith Valles
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORIvl
Al\'D LEGAL CONTENT:
I.
By:
Citv Attorn v
~".y ~t'ILo,..fr.
Sr. [) rlA.~ c, 'ry A ttont 'i
AUTHORITY:
San Bernardino Regional Water Resources
Authority
By:
Judith Valles
President
(SEAL)
ATTEST:
Bv:
Secretary
APPROVED AS TO FORM:
Bv:
Authority Counsel
~840-I73J-J760 2
7
EXHIBIT "A"
EPA Grant Agreement
~R~O-I733-3760 2
8
RECIPIENT'S COpy
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4( PRO't.(,
RECIPIENT TYPE:
MuniCipal
RECIPIENT:
City of San Bernardino
300 NOrlh 0 street
San Bernardino. CA 92418
EIN: 95-6000772
PROJECT MANAGER
U.S. ENVIRONMENTAL
PROTECTION AGENCY
Cooperative Agreement
EPA PROJECT OFFICER
x . 97989001 - 0 Pa:J€ 1
ASSIST ANCE 10 NO.
PRG I DOC 10 IAMEND'
X - 97989001 . 0
TYPE OF ACTION
New
PAYMENT METHOD:
Advance
Send Payment Request to:
Grants Management OHlce PMO.7
PAYEE:
City 01 San Bernardino
300 NOrlh 0 street
San Bernardino. CA 92418
DATE OF AWARD
JUL 2 3 2004
MY~LG ~AOE 2004
ACH.
Roccena Lawatch
75 Hawthorne Street. WTR- 1 0
San FranCISco. CA 94105
E-Mail: Lawatch Roccena@epamall epa gov
Phone: 415.972.3442
EPA GRANT SPECIALIST
CarOlyn Truong
Grants Management OHlce. PMD.7
E-Mail: Truong Carolyn@epamall epa gov
Phone: 415-972.3757
Lorr Sassoon
300 NOrlh D street
San Bernardino. CA 924t8
E-Mail: sassoon_lo@sbCltyorg
Phone: 909.384.5122
PROJECT TITLE AND DESCRIPTION
FY03 SPECIAL APPROPRIATION. City 01 San Bernardino s Lai(es and Streams PrOject
This assistance agreement prOVides lull EPA lundlng In the amount 01 $447,100 to support the Lai(es and Streams Project subject of SpeCial
CongreSSional Approprratlon The City Will be studYing Issues related to construction of two lai(es and Ihe Issues that surround that eHOrllncludlng
cornp:etlng necessary NEPA documentation to assure that the prOject does not negallvely Impact the envrronment SpeCifiC details are Identified In the
wori(plan Reier to condition number 3 regarding pre-award costs
BUDGET PERIOD I PROJECT PERIOD
lC'O:,2002 . 12.'31,2004 10/01/2002 - 12'31/2004
TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST
$477.10000 5477,10000
NOTE: The Agreement must be completed In duplicate and the Original returned to the approproate Grants Management Office listed below.
Within 3 calendar weeks atter receipt or Within any extension ot time as may be granted by EPA. Receipt ot a wrotten refusal or
lallure to return the properly executed document within the prescrobed time. may result In the withdrawal of the offer by the Agency.
Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Olficlal. which the
Award Official determines to materially aller the Agreement. shall VOid the Agreement.
OFFER AND ACCEPTANCE
The United States, acting by and through the U.S. EnVironmental Protection Agency (EPA), hereby otlers
ASSistance/Amendment to the CltV of San BernardinO for 93, 72 ~. of all approved costs
Incurred up to and not exceeding $447 100 lor the support 01 approved budget period effort descrobed In application
(including all application modlllcatrons) Cited In the Project Title and DeSCriptIOn above. Signed 05/14/2004
Included herem by relerence.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)
ORGANIZATION / ADDRESS
U 5 EPA, Region 9
Grants Management Olllce. PMD-7
75 Hawthorne Slreet
San FranCISCO, CA 94105
AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS
US EPA. Region 9
Water DiviSion
75 Hawthorne Slreel
San FranCISco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
SIGNAWRE OF AW~RD OFFICIAL I TYPED NAME AND TITLE .J ,pAY:
r:r/^ - ~_f!- r "c Jl) AleXIS Strauss, Drrector. Water DIVISion J~L Z 3 2004
Th' 'b~v I
IS agreement's su lect to applicable U.S. Environmental Protection Agency statutory prOVisions and assistance regulaltons. n
accepting thiS award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly
authorized to act on behalf of the recipient organization, and (2) the reCipient agrees (a) that the award IS subject to the applicable
provisions 01 40 CFR Chapter 1, Subchapter B and of the provisions 01 this agreement (and all attachments). and (b) that
acceptance of any payments const'tutes an agreement by the payee that the amounts. It any found by EPA to have been overpaid
will be refunded or credited In lull to EPA.
" .
/J,., I BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNA TURE ;/.Jrf) I Jy?; I TYPED NAME AND TITLE
I Y/I'!',; V) <~ Fred Wilson. City Administrator
/
IfT5-rJi
.
EPA Funding Information
x ' 97989001 ' 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDEOTOTAL
EPA Amount This Action S 5447.100 5447,100
EPA In-Kind Amount 5 5 $ 0
Unexpended Prior Year Balance S 5 $0
Other Federal Funds 5 5 $0
Recipient Contribution 5 S $0
State Contribution S 5 $0
Local Contribution S 530,GOO $ 30,000
Other Contribution 5 5 $0
Allowable Project Cost 50 5477,100 $ 477,100
Assistance Program (CFDA) Slatulory Authority Regulatory Authority
66 606 - Surveys ,StudIes, Investigations and Clean Water Act Sec 104(bJ(3) 40 CFR PART 31
Special Purpose Grants
Fiscal
Site Name DCN FY Approp, Budget PRC Object SlteJProJect Cost Obligation I
Code Organ Izatlon Class Organization Deobligallon
WOE052 0304 C 0900QA Y 202018 4183 447,100
.
447,100
x . 97989001 .0 PaQ8 3
Bueoel Su,,-,marv Pane
Table A - Oblect Class Category Total Approved Allowable
(Non-construction) Budget Penod Cost
,. Personnel $0
2. Fnnge Benefits $0
3. Travel $0
4. Equipment $0
5. Supplies $0
6. Contractual $477. 100
7. Construction $0
8. Other SO
9. Total Direct Charges $477.100
10. Indirect Costs: % Base SO
11. Total (Share: Recipient 2.1Jl % Federal 9372 ',0) $477.100
12. Total Approved Assistance Amount $447,100
13. Program Income $0
Administrative Conditions
x . 9798900' . 0 Paoe 4
1 An interim Financial Status Report (FSRl. Standard Form 269A (Rev. 7/97), coverinq
the period from "prolect/budqet period start date" to September 30 of each calendar
year shall be submitted to the Grants Manaqement Of(ice, PMD-7, no later than
December 31 of the same calendar year. The initial FSR is due December 31,2004.
The FSR coverinq the entire project period shall be submitted within 90 days after the
end of the project period (40 CFR Part 3123(b)).
2 The recipient shall comply with the Sinqle Audit Act and the reportinq requirements
set forth in OMB Circular A-133.
3. Pre-award costs estimated at $391,288 have been approved back to October 1,
2002 in accordance with the recipients application for federal assistance dated May 14,
2004.
4. The recipient aqrees to complete and submit to the Grants Manaqement Office,
PMD-7, a MBE/WBE Utilization Report (EPA Form 5700-52Al. within 30 days after the
end of the Federal fiscal year, i.e., by October 30 of each calendar year. Neqative
reports are required.
5. In accordance with EPA's Proqram for Utilization of Small, Minority and Women's
Business Enterprises in procurement under Federal assistance proqrams, the recipient
aqrees to:
a) Accept the applicable FY 1999 "fair share" qoals neqotiated with EPA by the
California State Water Resources Control Board, as follows:
MBE
WB..E
Construction 20'% 10%
Supplies 24% 44%
Services 20% 31 %
Equipment 19% 16%
If the recipient does not want to rely on the applicable State's MBE/WBE "fair share" ~
qoals. the recipient aqrees to submit proposed MBE/WBE "fair share" qoals based on ,~ ~
availability of qualified minority and women-owned bUSinesses to do work In the ,\ f.. '{'-'
relevant market for construction, services, supplies, and eqUipment ~ ~
"Fair share" objectives must be submitted to Joe Ochab, PMD-1, within 30 days of ~
award and approved by EPA no later than 30 days thereafter.
b) Ensure to the fullest extent possible that at least the applicable "fair share"
objective (see a) above) of Federal funds for prime contracts for supplies, construction,
equipment or services are made available to orqanizations owned or controlled by
SOCially and economically disadvantaqed individuals, women and historically black
colleqes and universities.
X-979890-01-0 Page 5
c) Include In its bid documents applicable "fair share" objectives (see a) above}and
require all of Its prime contractors to include in their bid documents for subcontracts the
negotiated fair share percentages
d) Follow the six affirmative steps stated in 40 CFR Section 3044(b), Section
31.36(e), Section 35.3145(d), or Section 35.6580(a), as appropriate.
e) In the event race and/or gender neutral efforts prove to be Inadequate to achieve
a fair share objective for MBEIWBEs, the recipient agrees to notify EPA in advance of
any race and/or gender conscious action it plans to take to more closely achieve the fair
share objective.
f) Until the recipient has completed its fair share negotiations with EPA, it agrees
to apply the main State agency's fair share objectives. Once the recipient has
completed its fair share negotiations with EPA, it will apply those objectives. The
recipient also agrees to include in its bid documents the applicable FY -1999 "fair Share"
objectives and require all of its prime contractors to include in their bid documents for
subcontracts the applicable FY 1999 "fair share" percentages and to comply with
paragraphs (c) through (e) above.
6. The cost principles of OMB Circular A-87 are applicable to this award. Since there
are no indirect costs included in the assistance budget, they are not allowable under
this Assistance Agreement.
7. The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on
Lobbying. The recipient shall include the language of this provision in award
documents for all subawards exceeding $100,000, and require that subrecipients
submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a
prohibited expenditure under Title 40 CFR Part 34 or fails to file the required
certification or lobbying forms shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such expenditure.
8 Pursuant to EPA's annual Appropriations Act, the chief executive officer of this
recipient agency shall require that no grant funds have been used to engage in lobbying
of the Federal Government or in litigation against the United States unless authorized
under existing law. As mandated by this Act, the recipient agrees to provide
certification to the award oHicial via EPA Form 5700-53, Lobbying and Litigation
Certificate, or in a written statement. The Lobbying and Litigation certification and final
Financial Status Report shall be submitted within 90 days after the end of project
period.
Recipient shall abide by its respective OMB Circular (A-21, A-8?, or A-122), which
prohibits the use of federal grant funds for litigation against the United States. Any Part
30 recipient shall abide by its respective OMB Circular (A-21 or A-122), which prohibits
the use of Federal grant funds to participate in various forms of lobbying or other
political activities
X-979890-01-Q Page 6
9. Pursuant to EPA Order 1000.25 and Executive Order 13101, the recipient agrees to
use recycled paper for all reports which are prepared as a part of this agreement and
delivered to EPA. This requirement does not apply to Standard Forms. These forms
are printed on recycled paper as available through the General Services Administration.
Recipient shall comply with the requirements set forth in Section 6002 of the Resource
Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under
RCRA Section 6002 apply to any acquisition of an item where the purchase price
exceeds $10,000 or where the quantity of such items acquired in the course of the
preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that
preference be given in procurement programs to the purchase of specific products
containing recycled materials identified in guidelines developed by EPA. These
guidelines are listed in 40 CFR 247.
10 Effective October 1, 1994, the recipient agrees to ensure that all conference,
meeting, convention, or training space funded in whole or in part with Federal funds
complies with the Hotel and Motel Fire Safety Act of 1990.
11. The recipient shall fully comply with Subpart C of 40 CFR Part 32, entitled
"Responsibilities of Participants Regarding Transactions." The recipient is responsible
for ensuring that any lower tier covered transaction, as described in Subpart 8 of 40
CFR Part 32, entitled "Covered Transactions," includes a term or condition requiring
compliance with Subpart C. The recipient is responsible for further requiring the
Inclusion of a similar term or condition in any subsequent lower tier covered
transactions. The recipient acknowledges that failing to disclose the information
required under 40 CFR 32335 may result in the delay or negation of this assistance
agreement, or pursuance of legal remedies, including suspension and debarment.
The recipient may access the Excluded Parties List System at http/lepls.arnel.gov.
This term and condition supersedes EPA Form 5700-49, "Certification Regarding
Debarment, Suspension, and Other Responsibility Matters.
12. This award includes $30,000, of non-federal third party contributions. Third party
contributions counting towards satisfying a cost sharing or matching requirement must
be verifiable from the records of grantees and subgrantees. As applicable, these
records must reflect how the value is placed on third party contributions The value of
third party contributions must be applicable to the period to which the cost sharing or
matching requirement apply (40 CFR Part 31.24).
Programmatic Conditions
13 In accordance with the National Environmental Policy Act (NEPA), 42 U.s.C. S
4321 et seq., EPA is required to conduct an environmental review on the project funded
by this grant. Accordingly, the recipient agrees to provide EPA in a timely fashion, an
environmental information document (EID) containing all the necessary information on
the project including a written analysis of the alternatives and the environmental
impacts of the project. The EID must be of sufficient scope and detail to enable EPA to
perform an environmental review under NEPA and other Federal environmental
statutes.
X-979890-01-0 Page 7
14. The recipient agrees not to take any action on the prOject beyond conceptual
design, including but not limited to, beginning the preparation of plans and
specifications, purchasing land, advertising or awarding design and/or construction
contracts, Initiating construction or requesting reimbursement from EPA for costs
associated with such actions until such time as EPA has completed its enVironmental
review in accordance with NEPA and 40 C.F.R. Parts 6 and 1500 et sea Completion of
this review will be evidenced by a signed Finding of No Significant Impact (FONSI) or
Record of Decision (ROD).
15. The recipient agrees that, upon completion of the NEPA review, design and
construction shall be undertaken in accordance with the results of that review, including
but not limited to, the implementation of measures EPA identifies as reasonable to
mitigate the environmental impacts of the project. EPA reserves the right to unilaterally
terminate this grant in the event the recipient fails to comply with this condition, in
accordance with 40 C.F.R. Section 31.43.
16. The grantee shall prepare and submit 2 progress reports which document activities
conducted for the Lakes and Streams Project. The first report will be due 30 days after
the date of award. This report will provide EPA with the status of all activities vi 21)01
conducted up to that date, including submittal of deliverables that have been O{ '{'
completed, as well as, provide EPA with a financial accounting of funds expended
to-date, along with any requests for reimbursement. The second and final report shall
be submitted by January 31,2005. This report should provide EPA with a final
reporting of the tasks under this award. All deliverables (exisling conditions report,
alternatives report, land use and circulation system maps and environmental
documentation necessary for EPA to eventually issue a NEPA FONSI or ROD) must be
submitted.
17. Modifications to the approved workplan, including additions, deletions, or changes
in the schedule. shall be submitted in a timely manner to the EPA Project Officer for
approval
-- END OF DOCUMENT --
,. Federal Agency and Organizational Element
to Which Report is Submined
FINANCIAL STATUS REPORT
(Short Form)
(Follow instructions on the back)
2. Federal Grant or Other Identifying Number Assigned
By Federal Agency
OMS Approval Page of
No.
0348.(1038
3. Recipient Organization (Name and complete address, Including ZIP code)
P8CI<
4. Employer Idenllllcallon Number
. 5. Recipient Account Number or Idenllfytng Number 6. Rnal Report
Dves DNo
9. Period Covered by this Report
From: (Month, Day, Year)
7. Basls
o C.sh 0 ACCI'UIII
8. FundinwGrant Period (S99 instnJctions)
From: (Month, Day, Vear)
To: (Month, Day, Year)
To: (Monlh, Day, Year)
10. Transactions:
I
Pl1Ivtously
Reported
II
This
Period
III
Cumulative
s. TOlaloutlays
b. Recipient share of oullays
c Federal share 01 outiays
a.
Type 01 Rate(Place .X. in appropriate box)
o Provisional
d. Total unliquidated obligations
e. Recipient share of unliquidated obligations
f. Federal share of unliquidated obligations
g. Total Federal share(Sum of lines c snd f)
h. Total Federal funds authorized for this funding period
Unobligated balance of Federal fund(Une h minus line g)
111.
I
Indirect
Expense
b.
Rate
c. 8ase
o Predetermined
d. Total Amount
o Final
e.
o Axed
Federal Share
i : 2 Remarks. Attach any explanallons deemed necessary or information required by Federal sponsoring agency in compliance with governIng
/eglSlalion.
*'
13. Cer1ificatlon: I certify to the best of my knowledge and belief that this report Is correct and complete and that all outlays and
unliquidated obligations are for the purposes set forth In the award documents.
Typed or Printed Name and Tille Telephone (Area code, number and extension)
S'gr.ature of Authorized Certifying Official
Dale Report Submined
8SN 7540-01-218-4387
269-202
Standard Form 269A (Rev. 7-97)
Prescribed by OM8 Circulars A-l02 and A-Ill
OM8 APPRO V AL NO P"GE OF
REQUEST FOR ADVANCE 0348-0004 I P"GES
.a j(O onl! or bot/'! bO"l!s 2 8ASIS OF REQUEST
OR REIMBURSEMENT , o ADVANCE 0 REIMBURSE-
TYPE o~ MENT o CASH
PAYMENT b )(- tit. .ppllt;.OII! Oor
(See mstflJcOons on back) REQUESTED o FINAL o PARTIAL o ACCRUAL
3 FEDERAL SPONSORING AGENCY AND QRGAN!.ZAnONAL ELEMENT TO . FEDER"L GR"NT OR OTl<ER 5 P"RTV.l PA'OolENT REQUEST
WHICH THIS REPORT IS SU8MlITEO IDENTlFYlNG NUMBER ASSIGNED NUMBER FOR THIS RECUES T
BY FEDER"L "GENCY
6 EMPLOYER IOENT1FICAnON 7 RECIPIENrS ACCOUNT NUMBER 8 PERIOD COVERED BY THIS REQUEST
NUMBER OR IOENTlFYlNG NUIABER FROM (month. d.y, ye.tr1 TO (monttr. dey. yur)
9 RECIPIENT QRGANlZA nON 10. PAYEE (Whe'" check is 10 be sent If dltr.",nl tIIan Ilem 9)
Name Name.
'.
Number Number
and Su-eel and Street
City, 51 ale City, State
and ZIP Code: and ZIP Code
11
COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED
(a) (b) (e)
PROGRAMS/FUNCTIONS/ACTIVITIES ~
TOTAL
a Total program (As at d.ale) $ $ $ $
outlays to date
b Less' Cumulative prooram income
c Net program outlays (Une a rrnnus
Ime b)
d Estimated net cash outlays for advance
penod
e Total (Sum of unes c & d)
f Non-Federal share or amount on line e
q Federal share of amount on 'me e
h Federal payments previously requested
I Federal share now requested (Une 9
mmus .ne h)
I A,j"anses requIred by
rr,onlh, when requesled ' sl month
by Federal granlor
agency lor use In maJ""l 2nd month
prescneou1ed ad'dnoes 3rd month I
-
12
ALTERNATE COMPUTATION FOR ADVANCES ONLY
a E slimated Federal cash outlavs that WIll be made dUrlno period covered by the ad'/ance
s
b Less Estimated balance of Federal cash on hand as of beqlnnlnQ of adyance penod
s
c Amount recuested (une a mmus line b)
AUTHORIZED FOR LOCAL REPRODUCTION
(C )nOnued on Reverse)
STANOARD FORM 210 (Rev 1.g1)
Prescnbed by OMB Circulars A-102 and A-II 0
"
CNB COHT1O.Ol. NO.2lI3OoCa2o
N'PROIIB): 1~
N"PROVI>!. EXPlIlES: 12/31Al5
U.S. ENVIRONMENTAL PROTECTION AGENCY
MBEIWBE UTILIZATION UNDER FEDERAL GRANTS, COOPERATIVE
AGREEMENTS, AND INTERAGENCY AGREEMENTS
lA. FEDERAL FISCAl YEAR lB. REPORTING QUARTER (Check Ipproprl818 box)
200_ I' o 1.1000-Dee) 02- (Jan-Uar) o 3'" IApr.Jun) o 4~ (Jul-Sep) o Annua'
1 C. REVISION HIGHLIGHT ITEMS TO BE REVISED AND PROVIDE EXPLANATION IN BLOCK NO.6
Year:
Querter. .
2A. FEDERAL FINANCIAl ASSISTANCE AGENCY 3A. REPORTING RECIPIENT (Nome _ Addl'llSl)
(EPA OtlIco Ad_. - A TTN: D8E Coonl..elDr)
'.
'.
-
2B. REPORTING CONTACT 2C. PHONE: 3B. REPORTING CONTACT (RlldpIont) 3C. PHONE:
(EPA OBE c-d01alDrl
4,A,. FINANCIAL ASSISTANCE AGREEMENT 10 NUMBER 4B. FEDERAL FINANCIAL ASSISTANCE PROGRAM
(SRf SllIte RedjMnIll, Refer to InstNCtlons lor Completion of 4A, 5A, and 5C)
SA TOTAl ASSISTANCE AGREEMENT 5B. Check and sklp to Block 5C. TOTAl PROCUREMENT AMOUNT THIS REPORTING
AMOUNT No. 7 If no procurements PERIOD (ONLY Indude lIIe emounl nolln eny prlor nepor1lng
and accomplishments penod end procurements made by SRF Loen RecIpIents end Sub-
EPA Share' S were made this reporting Redplenlll )
period. S
0 (Exdude procu",ment amounlS reponed by Prime Conlnlclors)
Recipient Share: S
50 ACTUAL MBElWBE PROCUREMENT ACCOMPLISHED THIS 5E ACTUAL MBElWBE PROCUREMENT ACCOMPLISHED THIS
REPORTING PERIOD BY RECIPIENT (SRF Slate ReciplenlS, RepM REPORTING PERIOD BY lOAN RECIPIENTS, SUB-flECIPIENTS,
Slate ProcLlremenl Acttvltles Here) AND PRIME CONTRACTORS
S MBE SWBE S MBE SWSE
Construction Construcllon
Equipment Equipment
Services Services
Supplies Supplies
TOTAL TOTAL
6. COMMENTS
7. NAME OF AUTHORIZED REPRESENTATIVE TITLE
6. SIGNATURE OF AUTHORIZED REPRESENT A TIVE DATE
.-
PART 1. (Reports are required even If no procurements are made during the reporting period.)
EPA FORM 5/00'52A. (5/96) available electronically at MoJlwww.80aQov/osdbu/5700 52a.odf
NOTE THIS REPORT IS DUE 30 DAYS AFTER THE END OF EACH FEDERAL FISCAL QUARTER OR ANNUAL:
SUBMISSION DATES ARE: January 3D, April 30, July 3D, and October 30.
. ANNUAL REPORT
INSTRUCTIONS
MBElWBE UTILIZATION UNDER FEDERAL ASSISTANCE AGREEMENTS AND INTERAGENCY
AGREEMENTS
EPA FORM 5700-52A
A. General Instructions:
MBE1W8E utilization is based on Executive Orders
11625.12138. 12432,P.L. 102-389 and EPARegulations
Part 30 and 31. EPA Fonn 570Q-52A must be completed
by recipients of Federal grants, cooperative agreements,
or other Federal IInanclal assistance which involve
procurement of supplies. equipment. construction or
services to accomplish Federal assistance programs.
Recipients are required to report to EPA within one month
following the end of each Federal fiscal year quarter or
annually as in the agreement
B. Definitions:
Procurement is the acquisition through order. purchase.
lease or barter of supplies. equipment. construction or
services needed to accomplish Federal assistance
programs.
A contract is a written agreement between an EPA
recipient and another party (other than another public
agency) and any lower tier agreement for equipment.
services, supplies. or construction necessary to complete
the project. Includes personal and profeSSional services.
agreements with consultants, and purchase orders.
A minority business enterprise (MBE) is a business
concern that is (1) at least 51 percent owned by one or
more minority individuals. or. in the case of a publicly
owned business. at least-51 percent of the stock is owned
by one or more minority individuals; and (2) whose daily
business operations are managed and directed by one or
more of the minority owners.
U.S. citizenship is required. Recipients shall presume
that minority individuals include Black Americans.
Hispanic Americans, Native Americans, Asian Pacific
Americans. or other groups whose members are found to
be disadvantaged by the Small Business Act or by the
Secretary of Commerce under section 5 of Executive
order 11625. The reportin!j contact at EPA can provide
additional information.
A woman business enterprise (WBE) is a business
concern that is. (1) at least 51 percent owned by one or
more women. or. in the case of a p'ublicly owned
business, at least 51 percent of the stock is owned by one
or more women and (2) whose daily business operations are
managed and directed by one or more of the women owners.
Business finns which are 51 percent owned by minorities or
women. but are In fact managed and operated by non-mlnority
individuals do not qualify for meeting MBElWBE procurement
goals.
The following affinnative steps for utilizing MBEs and WBEs are
required to be documented:
1. Inclusion of MBEslWBEs on solicitation lists.
2.
Assure MBEslWBEs are solicited once they are
identified.
3.
Where feasible, divide total requirements into smaller
tasks to permit maximum MBElWBE participation.
4.
Where feasible. establish delivery schedules which will
encourage MBElWBE participation.
5.
Encourage use of the services of the U.S. Department
of Commerce's Minority Business Development
Agency (MBDA) and the U.S. Small Business
Administration to identify MBEslWBEs.
6.
Require that each party to a subgrant. subagreemenl.
or contract award take the affinnative steps ouUined
here. .
C. Instructions for Part I:
1 a. Complete Federal fiscal year.
1 b. Check applicable reporting box quarterly or annually.
(Federal fiscal year runs from October 1 through
September 30.)
1 c. Indicate if this is a change to previous year or quarter.
(Highlight items to be revised and provide
explanation in Block No.6-Comments.)
2a-c. "Will be provided by EPA."
1
2
,'~' ~ r::::\\l{
'.3
~~'U
RESOLVTlO:'oi NO.
3
RESOLUTION OF THE MAYOR AND COl\nlON COUNCIL OF THE CIT\' OF SAN
BERl\'ARDINO AUTHORIZING THE EXECUTION OF A GRANT ALLOCATION
AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT CONCERNING THE
5 DISTRIBUTION OF FEDERAL GRANT PROCEEDS RELATED TO THE NORTH
LAKE PROJECT
4
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTlO:'oi 1. The l\1ayor of the City of San Bernardino is hereby authorized and
9
directed to execute on behalf of said City, the Grant Allocation Agreement between the City of
10
11
San Bernardino and the San Bernardino Valley l"1unicipal Water District. a copy of which is
12 attached hereto marked Exhibit "AO' and incorporated herein by reference as fully as though set
13 forth at length.
14
SECTlO!\' 2.
The authorization to execute the above-referenced agreement is
15 rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage
16 of this resolution.
17
18
,i/,I
19
/i/
20
21 ill
22 ,Ill
23
24 1/1
"I
25
III
26
27
28 1// Lrlo.218
I t/ZO/o
1
2
3
4
5
RESOLUTION OF THE MAYOR AND COMMO;\/ COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A GRANT ALLOCATION
AGREEMENT BETWEEN THE CITY OF SAJ\ BERNARDINO AND THE SAN
BERNARDINO VALLEY MUNICIPAL WATER DISTRICT CONCERNING THE
DISTRIBUTION OF FEDERAL GRANT PROCEEDS RELATED TO THE NORTH
LAKE PROJECT
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
7 and Common Council of the City of San Bernardino at a
meeting thereof, held on the
8
9
10
11
day of
. 2004, by the following Yote. to wit:
AYES
ABSTAIN
ABSENT
NAYS
Council Members:
ESTRA.DA
LONGVILLE
12
13
14
15
MCGIl'.'NIS
DERRY
KELL Y
16 JOHNSOI\'
17
:vlCCAM\1ACK
18
19
20
21
22
23
24
25
26
27
28
City Clerk
den of
The foregoing resolution is hereby approved this
2004.
Judith Valles. Mayor
City of San Bernardino
Approved as to
Form and legal content:
James F. Penman, City Attorney
BY~ ~4.
I!bt~4 ~r;f;1 ('.
'Sr. /)'tp~ ('f}- Aft,rJAoe.!
CITY OF SAN BERNARDINO
AND
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
GRANT ALLOCA nON AGREEMENT
THIS GRANT ALLOCATION AGREErvlENT (this "Agreement") is dated as of
December _, 2004, by and between the City of San Bernardino, a California charter city and a
public body, corporate and politic (the "City"), and the San Bernardino Valley Municipal Water
District, a public water district organized under the laws of the State of California (the
"SBVMWD").
WHEREAS, the City is a recipient of federal grant funds from the United States
Environmental Protection Agency (the "EP A"), which grant funds are referred to as "FY04 City
of San Bernardino Water Infrastructure", in the amount of Four Hundred Eighty-Two Thousand
One Hundred Dollars and OO/cents ($482,100.00) (the "EP A Grant"); and
\VHEREAS, the purpose of the EP A Grant is to fund certain consultant work related to the
establishment of the North Lake Reservoir, including the preparation and completion of the
necessary environmental documentation and review as required by the National Environmental
Policy Act ("'NEPA") , and to proceed with mitigation measures that may be required by the
NEP A analysis, property acquisition, demolition, and conceptual design and engineering of the
proposed North Lake Reservoir (the "Project") all as further set forth in the EP A Grant Agreement
as set forth below; and
WHEREAS, the City has entered into a standard form EP A Grant Agreement with the
EPA dated July 29, 2004 (the "EPA Grant Agreement"), which EPA Grant Agreement among
other things sets forth certain grant assurances to be adhered to on the part of the City in favor of
the EP A as a condition of receiving the EP A Grant funds in addition to the City requirement for
providing or causing to be provided the funding of the local match requirements between the City
and the EP A; and
WHEREAS, the goals and purposes of the parties to this Agreement will be implemented
and carried out in a manner consistent with the intents thereof through the application of the funds
to be made available in accordance with the EP A Grant consistent with the purposes thereof; and
WHEREAS, a copy of the EPA Grant Agreement, including the Administrative
Conditions and the Programmatic Conditions, is attached hereto as Exhibit "A" and incorporated
herein by reference; and
WHEREAS, it is anticipated that the SBVMWD will incur certain expenses in
furtherance of the Project including but not limited to those costs related to the planning and
4837-9922-99522
design engineering for the proposed Project of which those that are deemed to be eligible Project
costs pursuant to the EP A Grant Agreement shall be submitted for reimbursement to the EP A
provided that all appropriate documentation is submitted by the SBYMWD to comply with the
conditions and assurances required by the EP A Grant and that the SBYMWD provides the funds
from SBYMWD sources for the necessary local match of third party non-federal contributions to
the Project; and
WHEREAS, the City and the SBYMWD seek to provide for the terms and conditions for
the disbursal of the EP A Grant funds from the City to the SBYMWD, and the acceptance of and
the methodology to apply the EPA Grant funds by the SBYMWD as a reimbursement of such
eligible Project expenses to be incurred and paid by the SBYMWD.
NOW, THEREFORE, in consideration of the mutual promises contained herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the City and the SBYMWD hereby agree as follows:
I. Purpose of Agreement. The parties intend that this Agreement shall be executed
and entered into by and between the City and the SBYMWD in furtherance of the Project and, in
particular, the provisions of, and the grant assurances applicable to, the City from the EP A Grant
Agreement referred to in the Recitals hereof. The acceptance of the Grant Funds by the
SBYMWD for purposes of the planning and engineering design of the Project is hereby
determined by the parties to satisfy in all respects the requirements of the EP A Grant Agreement
for the use and disbursement of EP A Grant funds thereunder. The parties agree to comply in all
respects as to their use of the EP A Grant funds to payor reimburse for those costs of the Project
\\hich are eligible to be paid or reimbursed from the proceeds of the EPA Grant and in
accordance with the EP A Grant Agreement and further to adhere to all procedures and processes
required pursuant to the Administrative Conditions and the Programmatic Conditions as attached
hereto and to the EP A Grant Agreement.
2. Acceptance of EP A Grant Funds bv SBYMWD. The SBYMWD hereby agrees to
accept the EP A Grant funds as may be disbursed to it by the City in accordance with the EP A
Grant Agreement as a reimbursement for those eligible expenses of the SBYMWD related to the
planning and engineering design of the Project, in an amount not to exceed Four Hundred Eighty
Two Thousand One Hundred Dollars and OO/cents ($482,100.00). The SBYMWD agrees that it
shall comply with any and all of the grant assurances and other conditions imposed upon the City
under the EP A Grant Agreement including, but not limited to, the requirement for the payment
of the $394,446 of non-federal third party contributions which shall be deemed to be the local
match obligation to be solely that of the SBYMWD and not an obligation or commitment of the
City.
3. Reimbursement from EP A Grant; Procedures and Processing. (a) The
SBYMWD shall provide to the City, for the City's transmittal to the EPA, copies of paid
invoices for any expenses incurred by the SBYMWD related to the planning and engineering
design of the Project including the documentation demonstrating that the local match of non-
federal third party contributions as required by the Administrative Conditions of the EP A Grant
Agreement has been satisfied by the SBYMWD. Upon receipt of such copies of paid invoices
4837-9922-99522
2
and other required supporting documentation from the SBVMWD, the City shall periodically
submit such invoices to the EP A for reimbursement under -the EPA Grant Agreement. The
SBYMWD shall submit paid invoices with all required supporting documentation in furtherance
of each request for payments under this Agreement to:
City of San Bernardino
300 North "0" Street
San Bernardino. California 92418
Attn: City Administrator
(b) All reimbursements to the SBVMWO shall be remitted either directly by the EP A to
the SBYMWD or by the City to the SBVMWD if the EP A requires that the remittances must be
made to the City, for each of the appropriate EPA Grant reimbursement amounts. Upon receipt
of each reimbursement payment received by the SBYMWD from the EPA or the City under this
Agreement, the SBYMWD shall remit to the City, from any legally available source of funds of
the SBYMWD, an amount equal to one-half (J/2) of the reimbursement amount received by the
SBYMWD from the EPA or the City attributable to each such EPA Grant reimbursement
payment. The City shall not be required to submit any additional reimbursement requests
received from the SBVMWD for processing to the EP A for reimbursements under the EP A
Grant Agreement until the SBYMWD is then currently in compliance with each payment
obligation to the City as required by this subsection (b).
(c) Attached hereto as Exhibit "A" is the final executed copy of the Cooperative
Agreement (sometimes referred to herein as the "EP A Grant Agreement") as executed by the
City and the EP A for the EP A Grant as awarded by the EP A to the City. Both the City and the
SBYMWD shall be jointly responsible for compliance with the Administrative Conditions as
attached to the Cooperative Agreement to the extent that the performance thereunder applies to
the respective role of each party under this Agreement. The SBYMWD shall be solely
responsible for compliance with the Programmatic Conditions as attached to the Cooperative
Agreement. With respect to those items contained within the Administrative Conditions for
which the City shall be responsible for the compliance therewith, the SBVMWO agrees to
provide to the City all documents and writings requested by the City to ensure compliance with
all of said Administrative Conditions and Programmatic Conditions. In the event the SBVMWD
is unable to provide the necessary supporting documentation as requested by the City to comply
with the Administrative Conditions or the Programmatic Conditions, the City shall not be
obligated to submit any reimbursement request to the EP A for which the City reasonably
believes does not comply with the EPA Grant Agreement. The SBYMWD shall be responsible
for the retention of all contracts, invoices, cancelled checks, and verification of procurement
practices and MBE/WBE compliance as required by the Administrative Conditions and the
Programmatic Conditions until this Agreement shall terminate as provided in Section II hereof.
(d) In the event it is determined by the EP A whether pursuant to the provisions of
paragraph 2 of the Administrative Conditions regarding compliance with the Single Audit Act or
any other audit conducted by the EP A or any other federal agency to the effect that a
reimbursement as remitted to the SBYMWD was not proper regardless of fault by either or both
the City or the SBYMWD, the SBVMWD shall be financially responsible for the payment of all
-1837-9922-99522
3
accounting, staff, legal and other costs incurred by the SBVMWD to support any contention of
the SBMVWD that any disallowed reimbursement payment was in fact a valid reimbursement
pursuant to the EP A Grant Agreement. The SBVMWD shall have the affirmative duty to
undertake the defense at its expense for any allegations raised by the EP A or any other federal
audit agency challenging any reimbursement or any failure to comply with the provisions of the
EP A Grant Agreement. Any final non-appealable determination by the EP A or any other federal
audit agency that requires any repayment by the City of amounts that are finally determined by
the EP A to be reimbursed which were not in compliance with the EP A Grant Agreement,
including the Administrative Conditions and the Programmatic Conditions, shall be repaid to the
EPA on an equal fifty percent (50%) basis each as between the City and the SBVMWD upon
demand from the EP A.
4. Instruments of Forbearance. The City and the SBVMWD each hereby agree to
deliver, from time to time, to the San Bernardino Regional Water Resources Authority (the
"Authority") an "Instrument of Forbearance" equal to the dollar amount that: (i) the City
receives as a payment from the SBVMWD from those legally available funds of the SBVMWD,
and (ii) of one-half (In) of the reimbursement payments that the SBVMWD receives from the
EPA Grant funds. Such Instruments of Forbearance shall recite that the City and the SBVMWD,
as applicable, will forbear the receipt of, and waive any further claims to, the repayment of an
amount equal to that principal amount set forth in each such Instrument of Forbearance for the
applicable portion of their respective Eight Hundred Fifty Thousand Dollars and OO/cents
($850,000.00) loans to the Authority, and such Instruments of Forbearance shall be entered in the
official records of the Authority and shall be noted on the loan balances indicating the amounts
then owed by the Authority to the City and the SBVMWD, respectively. The Authority is not
and shall not be deemed to be a party to this Agreement, but the Authority has approved the
execution of the Concurrence as set forth on the signature pages hereof for the sole purpose of
recognizing the commitments of the Authority to so accept the Instruments of Forbearance and to
duly note the then outstanding loan balances from time to time as to those amounts as may then
be owed by the Authority to the City and the SBVMWD.
5. . Time of Essence. Time is strictly of the essence with respect to each and every
term, condition, obligation and provision hereof and failure to timely perform any of the terms,
conditions, obligations or provisions hereof by either party shall constitute a material breach of
and a default under this Agreement by the party so failing to perform.
6. No Waiver. Failure to exercise any right the City may have or be entitled to, in
the event of default by the SBVMWD hereunder, shall not constitute a waiver of such right or
any other right, in the event of a subsequent default by the SBVMWD.
7. Events of Default.
(a) Failure or delay by either party to perform any material term or provision
of this Agreement shall constitute a default under this Agreement; provided, however, that if the
party who is otherwise claimed to be in default by the other party commences to cure, correct or
remedy the alleged default within thirty (30) calendar days after receipt of written notice
4837-9922-99522
4
specifying such default and diligently pursues such cure, correction or remedy to completion,
such party shall not be deemed to be in default hereunder.
(b) The party that may claim that a default has occurred shall give written
notice of default to the party in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of default;
provided, however, the injured party shall have no right to exercise any remedy for a default
hereunder without delivering the written default notice as specified herein.
(c) Any failure or delay by a party in asserting any of its rights and remedies
as to any default shall not operate as a waiver of any default or of any rights or remedies
associated with a default. Except with respect to rights and remedies expressly declared to be
exclusive in this Agreement, the rights and remedies of the parties are cumulative and the
exercise by either party of one or more of such rights or remedies shall not preclude the exercise
by it, at the same or different times, of any other rights or remedies for the same default or any
other default by the other party.
(d) In the event that a default of either party may remain uncured for more
than thirty (30) calendar days following written notice, as provided above, a "breach" shall be
deemed to have occurred. In the event of a breach, the party who is not in default shall be
entitled to terminate this Agreement by serving written notice of such termination on the other
party and shall be entitled to exercise all other remedies as specified in this Agreement.
(e) Upon default by the SBVMWD in the submission of appropriate
documentation, compliance with applicable processes or procedures and verification of
eligibility for any reimbursement request, the City shall be released from any further obligations
under this Agreement for processing of any additional reimbursement requests on behalf of the
SBVMWD to the EP A pursuant to the EP A Grant Agreement. Any failure by the SBMVWD to
comply with the records retention obligations pursuant to this Agreement and the EPA Grant
Agreement or the failure of SBVMWD to pay the defense costs in connection with any challenge
by the EP A or any other federal audit agency as to the reimbursement requests submitted by the
SBVMWD for processing by the City shall entitle the City to seek damages and specific
performance against the SBVMWD for its failure to fulfill the agreed upon obligations pursuant
to this Agreement. Upon a default by the City in its refusal without cause to submit any proper
reimbursement request received from the SBVMWD to the EPA, the SBVMWD may institute
any proceeding at law or in equity to enforce the obligations of the City under this Agreement to
process and submit such reimbursement request. In any action arising under this Agreement
between the parties hereto, the prevailing party shall be entitled to reimbursement from the other
party of all costs and expenses, including reasonable attorney's fees, in bringing such action.
The costs, salary and expenses of the City Attorney and members of his office in enforcing this
Agreement shall be considered as "attorneys' fees" for purposes of this Section. Any such action
or proceeding must be commenced in the Superior Court for the County of San Bernardino, San
Bernardino District, State of California.
8. Further Assurances. The SBVMWD shall execute any further documents
consistent v.;ith the terms of this Agreement, including documents in recordable form, as the City
4837-9922-99522
5
shall from time-to-time deem necessary or appropriate to effectuate its purposes in entering into
this Agreement.
9. Amendment of Agreement. No modification, rescIssion. waiver, release or
amendment of any provision of this Agreement shall be made except by a \'vTitten agreement
executed by the SBVMWD and the City.
10. No Assignment. Neither the City nor the Authority shall assign any of their rights
or obligations under this Agreement.
II. Tenn. This Agreement shall terminate upon all of the following events having
duly occurred: (i) the full and final disbursement of the EP A Grant funds by the City or the EP A
to the SBVMWD, in an amount not to exceed $482, 100 as further provided in Section 2 hereof,
(ii) the payments being made by the SBVMWD to the City as required by Section 3(b) hereof,
(iii) the appropriate Instruments of Forbearance having been duly delivered by the City and the
SBVMWD to the Authority pursuant to Section 4 hereof, and (iv) the statute of limitations has
expired for submitting any negative audit findings and the enforcement thereof by the EP A or
any other federal audit agency to the City pursuant to the EP A Grant Agreement.
12. Notices. Notices shall be presented in person or by certified or registered United
States mail, return receipt requested, postage prepaid, or by overnight delivery made by a
nationally recognized delivery service to the addresses noted below. Notice presented by United
States mail shall be deemed effective the second business day after deposit with the United
States Postal Service. This Section shall not prevent giving notice by personal service or
telephonically verified fax transmission. which shall be deemed effective upon actual receipt of
such personal service or telephonic verification. Either party may change their address for
receipt of written notice by so notifying the other party in writing.
TO CITY:
City of San Bernardino
300 North "D" Street, Sixth Floor
San Bernardino, California 92418
Attention: City Administrator
Phone: (909) 384-5122
Fax: (909) 384-5138
TO SBVMWD:
San Bernardino Valley Municipal
Water District
P.O. Box 5906
San Bernardino, California 92412
Attention: Randy Van Gelder
Phone: (909) 387-9217
Fax: (909) 387-9247
4837.9922.99522
6
with a copy to:
Lewis Brisbois Bisgaard & Smith LLP
650 East Hospitality Lane, Suite 600
San Bernardino, California 92408
Attention: Timothy 1. Sabo
Phone: (909) 387-1130
Fax: (909)387-1138
13. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any legal action brought under this
Agreement must be instituted in the Superior Court of the County of San Bernardino, State of
California.
14. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and may not be amended without the prior written consent of both of the parties hereto.
This Agreement supersedes all prior negotiation, discussions and previous agreements between
the parties concerning the subject matter herein. The parties intend that this Agreement shall be
the final expression of their agreement with respect to the subjects contained herein and a
complete and exclusive statement of such agreement. No modification, amendment or waiver of
any term of this Agreement shall be binding unless executed in writing by the parties hereto.
IS. Severabilitv. Each and every Section of this Agreement shall be construed as a
separate and independent covenant and agreement. If any term or provision of this Agreement or
the application thereof shall be declared invalid or unenforceable, the remainder of this
Agreement, or the application of such term or provision to circumstances, other than those to
which it is invalid or unenforceable, shall not be affected thereby and each term and provision of
this Agreement shall be valid and enforceable to the fullest extent permitted by law.
16. Counterparts. This Agreement may be executed in counterparts, and facsimile
signatures shall be as effective as original signatures. Upon the execution hereof by the
appropriate representative of each of the parties, this Agreement shall be deemed to have been
approved by the governing bodies of each of the parties in accordance with all applicable
provisions of State law.
17. Enforceabilitv of Agreement. This Agreement shall be deemed to be an
enforceable agreement by and between the parties hereto. Either of the parties may bring such
legal or equitable action as may be permitted under the laws of the State of California to enforce
any provision of this Agreement in the manner as provided in Section 7 hereof. The successful
party in any such action to interpret or enforce any provision hereof shall be entitled to receive
from the party against which enforcement is sought all costs associated with such successful
action as further provided in Section 7( e) hereof.
~83 7 -9922-9952.2
7
IN WITNESS WHEREOF, each of the parties hereto have executed this Agreement as of
the date first \\Titten above.
CITY:
City of San Bernardino
By:
Judith Valles
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FOR1v1
AND LEGAL CONTENT:
~~
By:
J.J... Citv PI ornev 1
~:t ~tJto;J, .
S~ .1J.tf~ty elf; IItffrll '1
SBVtv1\VD:
San Bernardino Valley Municipal Water District
By:
C. Patrick Milligan
President
ATTEST:
By:
Secretary
CONCURRENCE:
The San Bernardino Regional Water Resources Authority is not a party to this
Agreement, but by the execution hereof as set forth below said Authority agrees to comply with
4837-9922-9952.2
8
the provisions which are applicable to the Authority as contained in Section 4 of this Agreement
and further agrees to accept the duly executed and delivered Instruments of Forbearance and to
note on the official records of the Authority the outstanding loan balances of the loan as specified
in said Section 4. The Authority shall not be bound by any other provision of this Agreement
nor shall any enforcement of the provisions of Section 4 be sought against the Authority under
any circumstances. The Authority shall not be liable under any legal or equitable basis or
arguments to either the City or the SBVMWD for any failure of the Authority to so comply with
the provisions of said Section 4 nor shall the Authority be required to comply with or be bound
by any other provision of this Agreement or the EPA Grant Agreement.
AUTHORITY:
San Bernardino Regional Water Resources
Authority
By:
Judith Valles
President
ATTEST:
By:
Secretary
48]7-9922-99522
9
EXHIBIT "A"
EPA Grant Agreement
4837-9922-9952.2
10
REClt ~ENT'S
C(\OV
,.d l
I ASSISTANCE 10 NO
,,,to sr..,. U.S. ENVIRONMENTAL PRG I DOC 10 lAMEND# DATE OF AWARD
",'" ~J'
'" ^ ~ XP - 97989101 - 0 JUL 2 9 2004
" 0 PROTECTION AGENCY
~~1a~ TYPE OF ACTION MAILING OSTE
'i Of ~ew AUG 0 7004
~ .! Cooperative Agreement PAYMENT METHOD: ACH#
~4< PRO'~C' Advance
RECIPIENT TYPE: Send Payment Request to:
i MunIcipal Grants Management OHlce PMD.7
RECIPIENT: PAYEE:
City of San Bernardino City of San Bernardino
300 North 0 street 300 North 0 street
San Bernardino. CA 924 I 8 San Bernardino, CA 92418
EIN: 95.6000772
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST
Lon E Sassoon Roccena Lawalch Carolyn Truong
300 Nortn 0 street 75 Hawthorne Street, WTR.l0 Grants Management Office, PMD.7
San Bernardino. CA 92418 San FranCISco, CA 94105 E.Mail: TruongCarolyn@epamall epa gov
E.Mail: E.Mail: Lawatch Roccena@epamallepa gov Phone: 415.972.3757
Phone: 909.384.5122 Phone: 4 t 5.972.3442
PROJECT TITLE AND DESCRIPTION
WATER INFRASTRUCTURE. City of San Bernardino FY04 H20 Inlrastructure
ThiS assistance agreement prOVides lull EPA funding In the amount of $482,100 The purpose/objective of thiS award IS to support tt1e next phase of the
City 01 San Bernardlnos Lakes and Stream ProJect, namely work related to the establishment of the Nor1h Lake resevorr such as, finaliZing NEPA
documents and gelling EPAs NEPA approval, property acqulstlon/demolitlon and final deSign and englneerrng for the North Lake
BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST
10/01/2004 . 12;31/2005 10101/2004 . I 2/3'/2005 $876,54600 5876.54600
NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below,
Within 3 calendar weeks alter receipt or Within any extension 01 tIme as may be granted by EPA. Receipt of a writlen relusal or
failure to return the properly executed document within the prescribed time. may result In the withdrawal of the olfer by the Agency.
Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award ONlcial, which the
Award OffiCial determines to materially alter the Agreement. shall void the Agreement.
OFFER AND ACCEPTANCE
The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers
AssistancelAmendmenlto the Cily ot'San BernardinO for 55.00 ~. of all approved costs
Incurred up to and not exceeding $482,1~ lor the support 01 approved budget period effort descrrbed In application
(Including all application modilrcations) Cited In the ProJect Tille and Description above, Signed 05/ I 412004
Included herein by reference.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION 1 ADDRESS ORGAMZATlON/ADORESS
U S EPA, Region 9 U S EPA. Region 9
Grants Management Office, PMD.7 Water Dnllslon
75 Hawthorne Street 75 Hawthorne Street
San FranCISco. CA 94105 San FranCISco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
SIGNATURE OF A'(oIARD OFFICIAL I TYPED NAME AND TITLE JLJLO~T19 2004
, ,-'"'. I AiexlS Strauss. Director - Water DIVISion
J ./ './> ~ - ~_'I /
This agreement IS subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In
accepting thiS award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly
authorized to act on behalf of the recipient organization. and (2) the recipient agrees (a) that the award is subject to the applicable
provisions of 40 CFR Chapter 1, Subchapter Band olthe prOVIsions of this agreement (and all attachments), and (b) that
acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid
Will be relu,ded or credIted in lull to EPA
, .
/, i I BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNA T~ ~';I 1f?? I TYPED NAME AND TITLE 1 ~lf1..olf
~I Fred Wilson. City Administrator
I \
I
xp. 97989,C~ 0 Pa~e 1
EPA Funding Information
XP.9798910' 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOT AL
EPA Amount This Action S S 482 100 S 482.100
EPA In.Kind Amount S S S 0
Unexpended Prior Year Balance S 5 SO
Other Federal Funds S S SO
Recipient Contribution S S . SO
State Contribution S S SO
Local Contribution S S 394.446 S 394.446
Other Contribution S S $0
Allowable Project Cost SO S 876.546 $ 876.546
Assistance Program (CFDA) Sfotutory Authority Regulatory Authority
66 606 . Surveys . Slud,es - Investlgallons and Consolidated AppropflatlOns Act of 2004 iPL 40 CFR PART 31
SpeCial Purpose Granls 108-199)
Fiscal
Site Name OCN FY Approp. I Budget PRC Object Site/PrOject Cosl ObligatiOn I
Code I Organ ization Class Organization Oeobligalion
'v\'OE058 04 E4 0900QA Y 202661 E 41 83 482.100
482 100
s p
XP - 97989101 - 0 PaQe 3
BudQel ummarv aQe
TaDle A - ODJect Class Cate90ry Total Approved Allowable
(Non-construction) Budget Period Cost
1. Personnel SO
2. Fringe Benefits SO
3. Travel SO
4. EqUIpment SO
5. Supplies SO
6. Conlractual $876.546
7. Construction SO
8. Other SO
9. Total Direct Charges $876.546
10. Indirect Cosls: "I. Base SO
11. Total (Share: RecIpient 4..5....00"10 Federal 5.5J)Q ~'o.) $876.546
12. Total Approved Assistance Amount S482,100
13. Program Income SO
Xp. 97989101.0 Paqe 4
Administrative Conditions
1. An interim Financial Status Report (FSR), Standard Form 269A (Rev 7/97), coverinQ
the period from "project/budqet period start date" to September 30 of each calendar
year shall be submitted to the Grants Manaqement Office, PMD-7, no later than
December 31 of the same calendar year. The initial FSR is due December 31, 2005.
The FSR coverinq the entire proiect period shall be submitted within 90 days after the
end of the proiect period (40 CFR Part 31.23(b)).
2. The recipient shall comply with the Sinqle Audit Act and the reportinq requirements
set forth in OMB Circular A-133.
3 The recipient aqrees to complete and submit to the Grants Manaqement Office,
PMD-7, a MBEM'BE Utilization Report (EPA Form 5700-52A), within 30 days after the
end of the Federal fiscal year, i.e., by October 30 of each calendar year. NeQative
reports are required.
4 In accordance with EPA's Proqram for Utilization of Small, Minority and Women's
Business Enterprises in procurement under Federal assistance proqrams, the recipient
aqrees to:
a) Accept the applicable FY 1999 "fair share" qoals neqotiated with EPA by the
California State Water Resources Control Board, as follows:
MBE WEE
Construction 20% 10%
Supplies 240;' 44%
Services 20% 31%
Equipment 19% 16%
If the recipient does not want to rely on the applicable State's MBE/WBE "fair share"
qoals, the recipient aqrees to submit proposed MBE/WBE "fair share" qoals based on
availability of qualified minority and women-owned businesses to do work in the
relevant market for construction, services, supplies, and equipment.
"Fair share" obiectlves must be submitted to Joe Ochab, PMD-1, within 30 days of
award and approved by EPA no later than 30 days thereafter.
b) Ensure to the fullest extent possible that at least the applicable "fair share"
obJective (see a) above) of Federal funds for prime contracts for supplies, construction,
equipment or services are made available to orqanizations owned or controlled by
socially and economically disadvantaqed individuals, women and historically black
colleqes and universities.
c) Include in its bid documents applicable "fair share" obiectives (see a) above}and
require all of Its prime contractors to include in their bid documents for subcontracts the
neqotlated fair share percentaqes.
XP-979891-01-0 Page 5
d) Follow the six affirmative steps stated In 40 CFR Section 3044(b), Section
3136(e), Section 35.3145(d), or Section 356580(a), as appropriate.
e) In the event race and/or gender neutral efforts prove to be inadequate to achieve
a fair share objective for MSE/WSEs, the recipient agrees to notify EPA in advance of
any race and/or gender conscious action it plans to take to more closely achieve the fair
share objective.
f) Until the recipient has completed its fair share negotiations with EPA, it agrees
to apply the main State agency's fair share objectives. Once the recipient has
completed its fair share negotiations with EPA, it will apply those objectives. The
recipient also agrees to include in its bid documents the applicable FY-1999 "fair Share"
objectives and require all of its prime contractors to include in their bid documents for
subcontracts the applicable FY 1999 "fair share" percentages and to comply with
paragraphs (c) through (e) above.
5 The cost principles of OMS Circular A-a7 are applicable to this award. Since there
are no indirect costs included in the assistance budget, they are not allowable under
this Assistance Agreement.
6 The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on
Lobbying. The recipient shall include the language of this provision in award
documents for all subawards exceeding $100,000, and require that subrecipients
submit certification and disclosure forms accordingly.
In accordance with the Syrd Anti-Lobbying Amendment, any recipient who makes a
prohibited expenditure under Title 40 CFR Part 34 or fails to file the required
certification or lobbying forms shall be subject to a civil penalty of not less than $10,000
and not more than $100,000 for each such expenditure.
7. Pursuant to EPA's annual Appropriations Act, the chief executive officer of this
recipient agency shall require that no grant funds have been used to engage in lobbying
of the Federal Government or in litigation against the United States unless authorized
under existing law. As mandated by this Act, the recipient agrees to provide
certification to the award official via EPA Form 5700-53, Lobbying and Litigation
Certificate, or in a written statement. The Lobbying and Litigation certification and final
Financial Status Report shall be submitted within 90 days after the end of project
period.
Recipient shall abide by its respective OMS Circular (A-21, A-87, or A-122), which
prohibits the use of federal grant funds for litigation against the United States. Any Part
30 recipient shall abide by its respective OMS Circular (A-21 or A-122), which prohibits
the use of Federal grant funds to participate in various forms of lobbying or other
political activities.
8 Pursuant to EPA Order 100025 and Executive Order 13101, the reCipient agrees to
use recycled paper for all reports which are prepared as a part of thiS agreement and
delivered to EPA This reqUirement does not apply to Standard Forms. These forms
'-979891-01-0 Page 6
are printed on recycled paper as available through the General Services Administration.
Recipient shall comply with the requirements set forth in Section 6002 of the Resource
Conservation and Recovery Act (RCRA) (42 USC 6962). Regulations issued under
RCRA Section 6002 apply to any acquisition of an item where the purchase price
exceeds $10,000 or where the quantity of such items acquired in the course of the
preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that
preference be given in procurement programs to the purchase of specific products.
containing recycled materials identified in guidelines developed by EPA. These
guidelines are listed in 40 CFR 247.
9. Effective October 1, 1994, the recipient agrees to ensure that all conference,
meeting, convention, or training space funded in whole or in part with Federal funds
complies with the Hotel and Motel Fire Safety Act of 1990.
10. The recipient shall fully comply with Subpart C of 40 CFR Part 32, entitled
"Responsibilities of Participants Regarding Transactions." The recipient is responsible
for ensuring that any lower tier covered transaction, as described in Subpart B of 40
CFR Part 32, entitled "Covered Transactions," includes a term or condition requiring
compliance with Subpart C. The recipient is responsible for further requiring the
inclusion of a similar term or condition in any subsequent lower tier covered
transactions. The recipient acknowledges that failing to disclose the information
required under 40 CFR 32.335 may result in the delay or negation of this assistance
agreement, or pursuance of legal remedies, including suspension and debarment.
The recipient may access the Excluded Parties List System at httD://eDls.arnet.gov.
This term and condition supersedes EPA Form 5700-49, "Certification Regarding
Debarment, Suspension, and Other Responsibility Matters.
11. This award includes 5394,446, of non-federal third party contributions. Third party
contributions counting towards satisfying a cost sharing or matching requirement must
be verifiable from the records of grantees and subgrantees. As applicable, these
records must reflect how the value is placed on third party contributions. The value of
third party contributions must be applicable to the period to which the cost sharing or
matching requirement apply (40 CFR Part 31.24).
Programmatic Conditions
12. In accordance with the National Environmental Policy Act (NEPA), 42 U.S.C. 9
4321 et seq., EPA is required to conduct an environmental review on the project funded
by this grant. Accordingly, the recipient agrees to provide EPA, in a timely fashion, an
environmental information document (EID) containing all the necessary information on
the project including a written analysis of the alternatives and the environmental
impacts of the project. The EID must be of sufficient scope and detail to enable EPA to
perform an environmental review under NEPA and other Federal environmental
statutes.
13. The recipient agrees not to take any action on the project beyond conceptual
design, including but not limited to, beginning the preparation of plans and
specifications, purchasing land, advertising or awarding design and/or construction
contracts, initiating construction or requesting reimbursement from EPA for costs
XP-979891-01-0 Page 7
associated with such actions until such time as EPA has completed its environmental
review in accordance with NEPA and 40 G.F.R. Parts 6 and 1500 et seq. Completion of
this review will be evidenced by a signed Findmg of No Significant Impact (FONSI) or
Record of Decision (ROD).
14. The recipient agrees that, upon completion of the NEPA review, design and
construction shall be undertaken in accordance with the results of that review. including
but not limited to, the implementation of measures EPA identifies as reasonable to
mitigate the environmental impacts of the project. EPA reserves the right to unilaterally
terminate this grant in the event the recipient fails to comply with this condition, in
accordance with 40 C.F.R. Section 31.43.
15. The recipient agrees to submit to the EPA Project Office a short narrative
describing the environmental and public health benefits of this project. Additionally, at
the conclusion of the project, the recipient shall submit an assessment of how effective
the project was in achieving the stated environmental and public health objectives.
16. The recipient agrees to provide to EPA Region 9 locational data (i.e. latitude and
longitude) for the EPA-funded infrastructure project. The EPA Project Officer will
provide further instructions at a later date on how to specifically comply with this
requirement
17. The recipient agrees to provide quarterly reports 30 days after the end of each
calendar quarter including: status of each workplan task, deliverable. status of
expenditures for the reporting period. summary of accomplishments including
discussion of problems impacting or expected to impact performance. Reports will be
due on the 30th day of January, April. July, October.
18. The recipient must submit a revised workplan by November 1, 2004 providing more
specific information regarding the actual tasks (in detail) to be conducted under this
award.
mh END OF DOCUMENT h_h
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): I) de C (I
Vote: Ayes \.....1 ' Nays
Change to motion to amend original documents D
Item # ~ ~ v5 ) Resolution #
;J,OO~- 3el g
Abstain
Absent
Companion Resolutions
[ n
NulI!Void After: Le ~, days /
Resolution # On Attachments: D Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Reso. Log Updated:
Seal Impressed:
D
D
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
I sl Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
Animal Control 0 EDA 0 Information Services D
City Administrator ~ Facilities D Parks & Recreation D
City Attorney Finance D Police Department D
Code Compliance D Fire Department D Public Services D
Develo~t Servic~s i1~ Human Resources D Water Department ~
Others: ~
Notes:
Ready to File:
/'
/
Date: C( I D (
Revised 12/18/03