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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
RESOLUTION NO. ____________
RESOLUTION OF THE COUNCIL OF THE CITY OF
F
RESNO, CALIFORNIA, AUTHORIZING AN APPLICATION
TO THE UNITED STATES DEPARTMENT OF THE
INT
ERIOR, BUREAU OF RECLAMATION, AND
AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES TO
EXEC
UTE A FINANCIAL ASSISTANCE AGREEMENT, AND
ANY AMENDMENTS THERETO, WITH THE UNITED
STATES DEPARTMENT OF THE INTERIOR, BUREAU OF
RECLAMATION IN THE AMOUNT OF $734,452 FOR A
WATERSMART DROUGHT RESILIENCY PROJECTS
GRANT FOR FISCAL YEAR 2024 FOR THE WELL 345- 1
WELLHEAD TREATMENT SYSTEM PROJECT
WH
EREAS, the City of Fresno (City) is a unit of local government with public water supply delivery authority within the western United States; and WHEREAS, the Department of the Interior, Bureau of Reclamation (USBR) issued a funding opportunity under the WaterSMART Drought Response Program:
Drought Resiliency Projects for Fiscal Year (FY) 2024; and WHEREAS, Department of Public Utilities (DPU) has identified Well 345- 1 as a location requiring the installation of a wellhead treatment system for removal of manganese and hydrogen sulfide prior to serving the public; and WHEREAS, Well 345 -1 is needed to provide additional groundwater resources during drought years; and
WHEREAS, it is in the interest of the City to accept the grant funds and authorize the Director of Public Utilities to execute the funding agreement with the USBR, on behalf of the City; and
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WHEREAS, DPU will appropriate funds for the 2025-2026 fiscal year and staff time to meet the required fifty percent cost match commitment f rom DPU’s Enhancing Drought Resilience: Well 345-1 Wellhead Treatment System Project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Council authorizes and supports the submission of a WaterSMART Drought Response Program: Drought Resiliency Projects application for FY 2024 to the Bureau of Reclamation for the Well 345-1 Wellhead Treatment System Project.
2. The Director of Public Utilities is hereby authorized to enter into a financial assistance agreement for the Well 345-1 Wellhead Treatment System Project , attached hereto as Exhibit A, for and on behalf of the City, and will work with the Bureau of Reclamation to meet established deadlines for the administration of the grant agreement.
3. Subject to the foregoing provisions, the City certifies it has legal authority to participate in the grant program with the Bureau of Reclamation.
4. Nothing in this Resolution binds or obligates the City’s general fund, taxing authority, or borrowing power.
5. This resolution shall be effective upon final approval.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2025.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2025
Mayor Approval/No Return: , 2025
Mayor Veto: , 2025
Council Override Vote: , 2025
TODD STERMER, MMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney
Attachment:
Exhibit A -Financial Assistance Agreement
1. DATE ISSUED MM/DDIYYYY
01/17/2025
1a. SUPERSEDES AWARD NOTICE dated
except that any additions or restrictions previously imposed remain in effect unless specifically rescinded
2. ASSISTANCE LISTING NUMBER
15.514 - Reclamation States Emergency Drought Relief
3. ASSISTANCE TYPE Project Grant
4. GRANT NO. R24AP00707-00
Originating MCA#
4a. FAIN R24AP00707
6. PROJECT PERIOD
From
7. BUDGET PERIOD
From
MMIDDIYYYY
01/17/2025
MMIDDIYYYY
01/17/2025
8. TITLE OF PROJECT (OR PROGRAM)
5. TYPE OF AWARD
Other
Sa. ACTION TYPE New
Through
Through
MMIDDIYYYY
12/30/2027
MMIDDIYYYY
12/30/2027
Increasing Drought Resiliency in a Disadvantaged Community with a Wellhead Treatment System 9a. GRANTEE NAME AND ADDRESS
Fresno, City of
2600 FRESNO ST
FRESNO , CA, 93721-3620
10a. GRANTEE AUTHORIZING OFFICIAL
Mr. Brock Buche
2600 Fresno St
Fresno, CA, 93721-3620
Phone: (559) 621-8610
NOTICE OF AWARD
~~€,NT 0,: 7',s,,
Q ~ en :> ~
AUTHORIZATION (Legislation/Regulations)
Section 9504(a), Omnibus Public Lands Management Act of 2009, (Public Law 111-11 ), as amended.
9b. GRANTEE PROJECT DIRECTOR
Ms. Ana Fernandez
1626 E Street
Fresno, CA, 93706
Phone: (559) 621-8618
10b. FEDERAL PROJECT OFFICER
Mr. Pete Arp
Bureau of Reclamation ; 2800 Cottage Way
Room E-1815
Sacramento , CA, 95825
Phone: 916-716-9378
ALL AMOUNTS ARE SHOWN IN USD
11. APPROVED BUDGET (Excludes Direct Assistance) 12. AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only - a. Amount of Federal Financial Assistance (from item 11m) $ 734,452 .00 II Total project costs including grant funds and all other financial participation II b. Less Unobligated Balance From Prior Budget Periods $ 0.00 Salaries and Wages ................... ................ $ c. Less Cumulative Prior Award(s) This Budget Period $ 0.00 a. 108,238.00 d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION I$ 734,452.00 b. Fringe Benefits ············ ······ ·················$ 43,555 .00
13. Total Federal Funds Awarded to Date for Project Period I$ 734,452 .00 c. Total Personnel Costs ............ .... $ 151,793.00 14. RECOMMENDED FUTURE SUPPORT d. Equipment ... ..... .. ........... .... ... ..... $ 0.00 (Subject to the availability of funds and satisfactory progress of the project):
e. Supplies .. ...... .. ........... .... ... ..... $ 0.00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS a. 2 $ d. 5 $
f. Travel ....... ... ... .. .. ..... ........... $ 0.00 b. 3 $ $ e. 6 g. Construction ······ ···· ··· ····· ····· ······· ···$ 1,104,870.00 c. 4 $ f. 7 $ h. Other ..... .. ... ... ..... ....... .... .... $ 101,896.00 15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING ALTERNATIVES:
G
i. Contractual ........ ... ......... .... ......... $ 76,153.00 a. DEDUCTION b. ADDITIONAL COSTS
~
$
C. MATCHING
j. TOTAL DIRECT COSTS - 1,434,712.00 d. OTHER RESEARCH (Add / Deduct Option) •. OTHER (See REMARKS)
k. INDIRECT COSTS $ 34,192.00
16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY ON THE ABOVE TIRED PROJECT AND IS SUBJECT TO THE TERMS ANO CONDmONS INCORPORATED EITHER DIRECTLY $ 1,468,904.00 OR BY REFERENCE IN THE FOLLOWING:
I. TOTAL APPROVED BUDGET a. The grant program legislation b. The grant program regulations.
$
C. This award notice induding tenns and conditions, if any, noted below under REMARKS. m. Federal Share 734,452.00 d. Federal administrative requirements, cost principles and audit requirements applicable to this grant.
In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall n. Non-Federal Share $ 734,452 .00 prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system.
REMARKS (Other Terms and Conditions Attached - @)Yes QNo) See next page
GRANTS MANAGEMENT OFFICIAL :
Kari Cachapero , Grants Management Specialist I Program Officer 2800 Cottage Way
Sacramento , CA, 95825-1846
Phone: 916-978-5146
17. VENDOR CODE 0071338582 18a. UEI ELPGKCJ7DJK7
LINE# FINANCIAL ACCT AMT OF FIN ASST START DATE
1 0054000934-00010 $632,556 .00 01/17/2025
2 0054000934-00020 $101,896.00 01/17/2025
18b. DUNS 071887855 19. CONG. DIST. 16
END DATE TASACCT PO LINE DESCRIPTION
12130/2027 0680 DRP-036 City of Fresno
12/30/2027 0680 DRP-036 City of Fresno
NOTICE OF AWARD (Continuation Sheet)
REMARKS:
Program income is not authorized.
PAGE 2 of 3
GRANT NO.
I DATE ISSUED
01/17/2025
R24AP00707-00
Recipients are NOT required to sign the Notice of Award or any other award document or amendment. Recipients indicate their acceptance of an award or amendment to an existing award, including award terms and conditions, by starting work, drawing down funds, or accepting the award or amendment via electronic means. Recipient acceptance of an award/amendment carries with it the responsibility to be aware of and comply with all terms and conditions applicable to the award. Recipients are responsible for ensuring that their subrecipients and contractors are aware of and comply with applicable award statutes, regulations, and terms and conditions. Recipient failure to comply with award terms and conditions can result in Reclamation taking one or more of the remedies and actions described in 2 CFR 200.339343.
2 NOTICE OF AWARD (Continuation Sheet)
Federal Financial Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type 01/17/2025 03/31/2025 Semi-Annual
04/01/2025 09/30/2025 Semi-Annual
10/01/2025 03/31/2026 Semi-Annual
04/01/2026 09/30/2026 Semi-Annual
10/01/2026 03/31/2027 Semi-Annual
04/01/2027 09/30/2027 Semi-Annual
10/01/2027 12/30/2027 Final
Performance Progress Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type 01/17/2025 03/31/2025 Semi-Annual
04/01/2025 09/30/2025 Semi-Annual
10/01/2025 03/31/2026 Semi-Annual
04/01/2026 09/30/2026 Semi-Annual
10/01/2026 03/31/2027 Semi-Annual
04/01/2027 09/30/2027 Semi-Annual
10/01/2027 12/30/2027 Final
3 PAGE 3 of 3 I DATE ISSUED
01/17/2025
GRANT NO. R24AP00707-00
Reporting Period Due Date
04/30/2025
10/30/2025
04/30/2026
10/30/2026
04/30/2027
10/30/2027
04/28/2028
Reporting Period Due Date
04/30/2025
10/30/2025
04/30/2026
10/30/2026
04/30/2027
10/30/2027
04/28/2028
AWARD ATTACHMENTS
Fresno, City of R24AP00707-00
1. Agreement R24AP00707
~ - BUREAU OF -
• RECLAMATION
Federal Financial Assistance Terms and Conditions of Award Table of Contents
I. Award Administrat ion and Overview .................................................................................................... 3
1. Authority .......................................................................................................................................... 3
2. Public Purpose of Support ................................................................................................................ 3
3. Background and Objectives .......................................................................................................... 4
4. Financial Assistance Administrative Regulations ........................................................................ 4
5. Regulatory Compliance .................................................................................................................. 4
6. Acceptance ...................................................................................................................................... 4
7. Amendments ................................................................................................................................... 5 II. Project Performance ............................................................................................................................... 5
1. Project Narrative and Milestones ................................................................................................. 5
2. Recipient Responsibilities .............................................................................................................. 6
3. Additional Recipient Key Personnel. ............................................................................................. 7
4. Reclamation Responsibilities ......................................................................................................... 7 Ill. Financial Assistance ............................................................................................................................... 7
1. Available Funding ........................................................................................................................... 7
2. Approved Budget ........................................................................................................................... 7
3. Cost Sharing Requirement. ............................................................................................................ 8
4. Pre-Award lncurrence of Costs ..................................................................................................... 9
5. Indirect Costs ................................................................................................................................... 9
6. Restricted Funds .............................................................................................................................. 9
6.1 Contingency Costs .......................................................................................................................................... 9
6.2 Prior Approval Requirement ....................................................................................................................... 9 IV. Payment Information ............................................................................................................................ 9
1. Payment Method ............................................................................................................................ 9
2. Payment ......................................................................................................................................... 10
3. Return of Funds, Excess Cash, and lnterest.. ............................................................................. 10
3.1 Return of Funds or Excess Cash .............................................................................................................. 10 November 1, 2024
3.2 Return of Interest ......................................................................................................................................... 11 V. Reporting Requirements ..................................................................................................................... 11
1. Reclamation Required Reports and Submission ....................................................................... 11
1.1 Financial Reporting Requirements ........................................................................................................ 11
1.2 Performance Progress Reporting Requirements .............................................................................. 12
2. Federal-wide Reports and Disclosures ....................................................................................... 13
2.1 System for Award Management. ............................................................................................................ 13
2.2 Subawards and Executive Compensation ........................................................................................... 13
2.3 Reporting Recipient Integrity and Performance ............................................................................... 13
2.4 Conflicts of Interest ..................................................................................................................................... 13
2.5 Trafficking Victims Protection ................................................................................................................. 14
3. Remedies for Noncompliance ..................................................................................................... 15 VI. Program or Project Specific Terms and Conditions ........................................................................ 15
1. Buy America Preference under Simple Acquisition Threshold ............................................... 15
2. Liability ............................................................................................................................................... 17
3. Secure Water Act [P.L. 111-11, 9504(a)] ....................................................................................... 17
3.1 Agricultural Operations [Section 9504(a)(3)(B)] ............................................................................... 17
3.2 Title to Improvements [Section 9504(a)(3)(D)] ................................................................................. 17
3.3 Operation and Maintenance Costs [Section 9504(a)(3)(E)(iv.)] ................................................... 17
3.4 Liability [Section 9504(a)(3)(F)] ............................................................................................................... 17
4. Wage Rate Requirements ............................................................................................................ 18 VII. Reclamation Contacts ........................................................................................................................ 18
1. Grants Officer ................................................................................................................................ 18
2. Grants Management Specialist ................................................................................................... 18
3. Grants Officer's Technical Representative .................................................................................. 18 VIII. Department of Interior Standard Terms and Conditions ............................................................. 19
I. Award Administration and Overview
1. Authority
This Financial Assistance Agreement (Agreement) is entered into between the Bureau of Reclamation (Reclamation) and the City of Fresno (Recipient), pursuant to Public Law 111-11, Omnibus Public Lands Management Act of 2009, Section 9504(a), as amended. The following section, provided in full text, authorizes Reclamation to award this Agreement:
2. Public Purpose of Support
The U.S. Department of the Interior's (DOI) WaterSMART (Sustain and Manage America's Resources for Tomorrow) Program provides a framework for Federal leadership and assistance to stretch and secure water supplies for future generations in support of the Department's priorities. Through WaterSMART, the Bureau of Reclamation (Reclamation) leverages Federal and non-Federal funding to work cooperatively with States, Tribes, and local entities as they plan for and implement actions to increase water supply reliability through investments in existing infrastructure and attention to local water conflicts .
Drought conditions across the West impact a wide range of communities and sectors, including agriculture, cities, Tribes, the environment, recreation, hydropower producers, and others. While waves of precipitation have hit the Western United States since December of 2022, as of August 3, 2023, the U.S. Drought Monitor indicates that more than 51 percent of the land in the United States is still in abnormally dry to exceptional drought conditions. The WaterSMART Drought Response Program supports a proactive approach to drought by providing financial assistance to develop and update comprehensive drought plans (Drought Contingency Planning) and implement projects that will build long-term resilience to drought (Drought Resiliency Projects).
Collaboration with a multitude of customers, partners, and stakeholders is essential to identifying successful strategies to address complex water management issues such as drought.
Collaborations are central to Reclamation's approach to addressing drought in the West, and WaterSMART's Drought Response Program supports the goals of the lnteragency Drought Relief Working Group established in March 2021 and the National Drought Resiliency Partnership formed in 2016 to enhance Federal coordination of drought activities .
The WaterSMART Drought Response also provides support for priorities identified in Presidential Executive Order (E.O.) 14008: Tackling the Climate Crisis at Home and Abroad and aligned with other priorities, such as those identified in E.O. 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. The WaterSMART Drought Response will advance the Biden-Harris Administration's Justice40 Initiative . Established by E.O. 14008, the Justice40 Initiative has made it a goal that40 percent of the overall benefits of certain federal investments, such as climate, clean energy, and other areas, flow to disadvantaged communities.
3. Background and Objectives
This Notice of Funding Opportunity's objective was to invite eligible applicants to submit proposals for projects that can increase water management flexibility-making our water supply more resilient. This helps to prepare for and address the impacts of drought and water supply shortages.
4. Financial Assistance Administrative Regulations
All recipients are required to follow the applicable federal, Department of Interior, and Reclamation financial assistance regulations. The provisions of the "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Financial Assistance" located at Title 2 CFR Part 200, the Department of the Interior Federal Agency Regulations for Grants and Agreements at Title 2 CFR Subtitle B, Part 1400-1499, and the Financial Assistance Interior Regulations (or FAIR) at Title 2 CFR Subtitle B, Parts 1402-1402.499, are hereby incorporated by reference as though set forth in full text.
5. Regulatory Compliance
All recipients must comply, or assist Reclamation, with all regulatory compliance requirements and all applicable state, federal, and local environmental, cultural, and paleontological resource protection laws and regulations, as applicable to this Agreement. These may include, but are not limited to, the National Environmental Policy Act (NEPA), including the Council on Environmental Quality and Department of the Interior regulations implementing NEPA, the Clean Water Act, the Endangered Species Act, consultation with potentially affected Tribes, and consultation with the State Historic Preservation Office. If the Recipient begins project activities that require environmental or other regulatory compliance approval, prior to written notice from the GO that all such clearances have been obtained, Reclamation reserves the right to initiate remedies for non-compliance as defined by 2 CFR 200.339-340, including termination of this Agreement.
6. Acceptance
Recipients of Reclamation financial assistance awards must comply with the applicable terms and conditions incorporated, either directly or by reference, in their Notice of Funding Opportunity R24AS00007 (WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2024), program announcements, and this Notice of Award. These terms and conditions are in addition to the assurances and certifications made as part of the award application process through submission of the Standard Forms SF-424B Assurances for Non Construction Programs, SF-424D Assurances for Construction Programs, and Certifications Regarding Lobbying (see SF-424 Family I Grants.gov), or through acceptance of certifications and representations in the System for Award Management (SAM.gov).
Acceptance of a financial assistance award, including any amendments, from Reclamation carries with it the responsibility to be aware of and comply with all terms and conditions applicable to the award. Acceptance means starting work, drawing down or requesting funds, or accepting
the award via electronic means. Accepting the award constitutes a consent to fulfill and comply with all terms and conditions by the recipient.
7. Amendments
Any changes to this Agreement shall be made in writing by the Grants Officer (GO), unless determined by Reclamation to be administrative corrections which do not impact the terms and conditions of the Agreement. No statement made by any person, or in writing, other than the GO shall be allowed to amend, modify, or otherwise affect the Agreement.
All recipient requests for amendment of the Agreement, including prior approval requirements set forth in 2 CFR 200.308, such as no-cost extensions and changes to key personnel, or the addition of previously agreed upon funding, are addressed to the GO and submitted in writing (including via email) and will include a full description of the reason for the request.
Amendment requests can be submitted to the Grants Management Specialist (GMS) or to the GO identified on the NOA page.
II. Project Performance
1. Project Narrative and Milestones
The Recipients approved project proposal dated 11/6/2023 is incorporated by reference to this Agreement.
Under this Agreement, the Recipient shall install a wellhead treatment system to remove naturally occurring contaminants from an existing municipal potable water supply well and bring the well system back online. The wellhead treatment system will include two static mixers with associated sodium hypochlorite and sodium permanganate storage and injection processes to remove hydrogen sulfide and balance chlorine levels, and a six-vessel manganese dioxide filtration system to remove elevated levels of manganese. Prior to installation, a concrete pad will be installed to support the treatment system components. Additionally, electrical improvements for equipment and instrumentation power will be performed. The treatment system will also be equipped with instrumentation to provide an automated system that can be controlled and monitored both locally and from the City's existing Supervisory Control and Data Acquisition (SCADA) system. Process and service piping will be installed to convey spent backwash water resulting from system operations and connected to an existing City sewer line located on Burgan Avenue. The well site is secured with a six-foot cement block wall enclosing the entire site and a six-foot wrought iron fence as the lone entry point.
The treatment system will be located at 185 S. Burgan Avenue, Fresno, California, with coordinates 36° 44' 2.688" N, 119° 40' 40.386" W.
The major components of the project include but are not limited to:
• Installation of a wellhead treatment system at municipal potable water supply well 345-1. • Installation of a concrete pad.
Milestone / Task/ Activity Planned Planned
Start Date Completion Date
lA.cquire permits and approvals February 23, 2024 December 30, 2024 Complete environmental and cultural compliance November 1, 2024 July 1, 2025 Contractor procurement January 1, 2025 June 30, 2025
Prepare Stormwater Pollution Prevention Plan July 1, 2025 August 31, 2025 Construction & installation July 1, 2025 June 30, 2026
Well start up activities April 1, 2026 June 30, 2026
Monitoring & performance data July 1, 2026 June 30, 2027
2. Recipient Responsibilities
The Recipient shall carry out the approved project in accordance with the terms and conditions stated herein, 2 CFR Part 200 (including procurement requirements at 200.320), adherence to Federal, state, and local laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits. If the approved project contains construction activities, the Recipient is responsible for construction inspection, oversight, and acceptance. If applicable, the Recipient shall also coordinate and obtain approvals from site owners and operators.
2.1 Interim Performance Reports.
The Recipient shall prepare and submit to Reclamation interim Project performance reports (Interim Performance Reports) as required in the reporting section of this agreement. Each Interim Performance Report will include (but is not limited to) the information identified below:
• A comparison of actual accomplishments to the milestones established by the financial assistance agreement for the reporting period. • The reasons why established milestones were not met, if applicable • The status of milestones from the previous reporting period that were not met, if applicable
• Whether the Project is on schedule and within the original cost estimate • Any additional pertinent information related to the status of the Project.
2.2 Final Project Report
The Recipient shall prepare and submit to Reclamation a final Project performance report (Final Project Report) as required by the reporting section of this Agreement. The Final Project Report will include (but is not limited to) the information identified below:
• Whether the Project objectives and goals were met
• Discussion of the benefits achieved by the Project, including information and/or calculations supporting the benefits.
• How the Project improves long-term resiliency to drought • How the Project demonstrates collaboration, if applicable
Photographs documenting the project are also appreciated. Recipient understands that Reclamation may print photos with appropriate credit to Recipient. Recipient also understands that the Final Project Report is a public document and may be made available on Reclamation's website, www.usbr.gov/drought.
3. Additional Recipient Key Personnel
In addition to the recipient Authorizing Official in box 10a of the NOA and Project Director in box 9b, the following are identified as key personnel for the recipient for this Agreement.
Peter Maraccini, P.E., Ph.D
Professional Engineer
City of Fresno
1626 E. Street
Fresno, CA 93706
559-621-1603
[email protected]
4. Reclamation Responsibilities
Reclamation monitoring and oversight of this award includes review and acceptance of financial and performance reports, and other deliverables identified as part of the project scope.
Additional monitoring activities may include drawdown approvals, site visits, conference calls, and other on-site and off-site monitoring activities such as inspections or evaluation on Recipient and subrecipient premises. At the Recipient's request, Reclamation may also provide technical support to the Recipient for the approved project and objectives of this Agreement.
Ill. Financial Assistance
1. Available Funding
The total estimated project cost for this Agreement is $1,468,904.00 The amount of federal funds issued with this action is $734,452.00 as indicated by "Amount of Financial Assistance This Action" within block 12 of the NOA.
The Recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the period of performance end date. The only costs which are authorized for a period of up to 120 days following the period of performance are those strictly associated with closeout activities for preparation of the final reports.
2. Approved Budget
The total approved budget summarizes the financial aspects of the project. It is detailed by category in block 11 of the NOA page and/or below. Final costs incurred within budget
categories listed may be either higher or lower than the estimated costs. All costs incurred by the Recipient under this Agreement must be in accordance with budget submitted on 12/9/2024 to Reclamation, and any pre-award clarifications conducted between the Recipient and Reclamation.
The Recipient is responsible for ensuring federal funds are managed in a manner consistent with 2 CFR Part 200 Subpart E, the approved budget, approved project activities, and terms and conditions of award. Recipients are encouraged to direct questions regarding allowability, allocability or reasonableness of costs to the GO for review prior to incurrence of the costs in question .
Summary
Figures in this summary table are calculated from entries made in subsequent categories, only blank white cells require data entry.
Federal Non-Federal
6. Budget Object Category Total Cost Estimated Estimated Amount Amount
a. Personnel $108,238
b. Fringe Benefits $43,555
c. Travel $0
d. Equipment $0
e.Supplies $0
f. Contractual $76,153
g. Construction $1,206,766
h. Other Direct Costs $0
i. Total Direct Costs $1,434,712
i. Indirect Charges $34,192
Total Costs $1,468,904 $734,452 $734,452
Cost Share Percentage 50% 50%
3. Cost Sharing Requirement
At least 50% non-federal cost-share is required for costs incurred under this Agreement. If pre award costs are authorized, reimbursement of these costs is limited to federal cost share percentage identified in this Agreement.
The federal share of allowable costs shall not be expended in advance of the Recipient's non federal share. The expenditure of federal and non-federal funds based upon the cost share percentage above shall occur concurrently . If a bona fide need arises which requires the expenditure of federal funds in advance of the Recipient share, then the Recipient must request written approval from the GO prior to the expenditure. Recipient's may expend their agreed
upon share of costs in advance of the expenditure of federal funds without prior written approval.
4. Pre-Award lncurrence of Costs
The Recipient shall be entitled to reimbursement for costs incurred on or after August 7, 2023 which if had been incurred after the start date of the period of performance, would have been allowable, allocable, and reasonable under the terms and conditions of this Agreement.
5. Indirect Costs
The recipient has elected to charge the de minimus rate of 15% of Modified Total Direct Costs (MTDC) per 200.414(f}. MTDC is defined as all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $50,000 of each subaward.
MTDC excludes equipment , capital expenditures, rental costs, and the portion of each subaward in excess of $50,000.
Note on "subaward". Per 2 CFR Part 200.331, the form of the agreement between a recipient and subrecipient is less important than the substance of the relationship . Some recipients may enter contractual relationships that contribute to the goals and objectives of this Agreement by carrying out a portion of this award. In those instances, the GO may require Recipients to comply with additional guidance to support their determination in applying indirect costs.
6. Restricted Funds
6.1 Contingency Costs
Prior approval is required, in writing, from the GO to transfer funds (of any amount) from the contingency cost line-item to other cost categories in the budget. The request for approval from the recipient must be in writing and identify the reason(s) why the transfer is necessary and identify the cost overruns in other budget line-items. If there are no cost-overruns during the performance of construction under this Agreement, funds obligated under the contingency cost line-item may be de-obligated by the GO.
6.2 Prior Approval Requirement
Prior approval is required, in writing, from the GO for contingency funds to be drawn down or obligated by the Recipient. The restriction, in the amount of $101,896.00 can only be removed by amendment to this Agreement.
IV. Payment Information
1. Payment Method
Recipients must utilize the Department of Treasury Automated Standard Application for Payments (ASAP) payment system to request payments. ASAP is a Recipient-initiated payment
and information system designed to provide a single point of contact for the request and delivery of federal funds. ASAP is the only allowable method for request and receipt of payment.
Recipient procedures must minimize the time elapsing between the drawdown of federal funds and the disbursement for Agreement purposes.
2. Payment
Financial assistance recipients are paid in advance by electronic drawdown, provided they maintain written procedures that minimize the time elapse between transfer of funds from ASAP accounts and disbursements, and they have financial management systems that meet standards for fund control and accountability . Advance payments are limited to the immediate cash requirements to carry out the purpose of the approved program or project.
3. Return of Funds, Excess Cash, and Interest
3.1 Return of Funds or Excess Cash
Funds, principal, and excess cash returns may be made to Reclamation through the following means.
Payment Method ASAP
The Recipient must direct returns of funds not spent, excess cash on hand, interest owed to the federal government, and principal to the ASAP system. Returns should include:
- The agency to credit the funding (i.e. Reclamation)
- The relevant ASAP account numbers
- The reason for the return
Payment Method Electronic Transfer
If the Recipient is unable to return funds owed to the federal government through ASAP, the following electronic transfer information should be utilized :
ACH Returns:
ABA Routing Number : 051036706
Account number: 312018
Bank Name and Location: Credit Gateway, Federal Reserve Bank, Richmond, VA Agreement Number: Reclamation Grant or Cooperative Agreement Number Fedwire Returns:
ABA Routing Number : 021030004
ABA Short Name: TREAS NYC
Account number: 14060905
Beneficiary Name: Bureau of Reclamation
Bank Name and Location: Federal Reserve Bank, 33 Liberty Street, Federal Reserve Post Office Station, New York, NY 10045
Agreement Number : Reclamation Grant or Cooperative Agreement Number Payment Method US Mail
For Recipients that do not have electronic remittance capability, please make check payable to:
"Bureau of Reclamation" and include the following in the memo lines of the check:
- The Reclamation award number
- The ASAP account number
Mail (by USPS only) the check to Treasury approved lockbox:
DOI-BOR-Region: Denver
P.O. Box 6200-21
Portland, OR
97228-6200
3.2 Return of Interest
Interest earned on Federal funds in excess of $500 per year must be returned annually to the Department of Health and Human Services Payment Management System (PMS). Recipients and subrecipients can find further information and a link to directions at 2 CFR 200.305(b)(12).
V. Reporting Requirements
1. Reclamation Required Reports and Submission
Reports can be submitted to the GMS via GrantSolutions or the centralized regional e-mail address for reporting.
[email protected]
1.1 Financial Reporting Requirements
The interim Federal Financial Report (SF-425) shall be submitted semi-annually, according to the Report Frequency and Submission schedule noted under the Federal Financial Report Cycle, following the Notice of Award page in the table at the end of this section. All financial reports shall be signed by an Authorized Certifying Official for the Recipient's organization.
Per 2 CFR Part 200.344. the Final Federal Financial Report (SF-425) shall be submitted within 120 days of the period of performance end date. The recipient shall not incur costs or obligate funds for any purpose pertaining to the operation of the program or activities beyond the period of performance end date and must liquidate all financial obligations incurred under the award. The only costs which are authorized for 120 days following the period of performance end date are
those strictly associated with closeout activities in preparation of final reports. All sections of the Final SF-425 must be complete.
Federal Financial Report Submission Schedule
Report Type Format Reporting Period Due Date
Interim SF-425 Semi-Annual: October 1-March 31 30 days after the end and April 1 thru September 30 of reporting period
Final SF-425 Entire period of performance 120 days after the end of period of
performance
1.2 Performance Progress Reporting Requirements
Reclamation requires Performance Reports to be submitted semi-annually according to the Report Frequency and Submission schedule noted under the Performance Progress Report Cycle, following the Notice of Award page. Reclamation may utilize standard, OMS-approved forms for the collection of performance information, or no specific format, as identified in the NOFO or program announcement.
For Construction and non-construction, the minimum information to include in Performance Reports are:
•
•
•
•
•
•
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Report identification; recipient name, agreement number, project title, and period of performance start and end dates
A comparison of actual accomplishments to the objectives of the federal award for the reporting period
Where accomplishments can be quantified, or performance data and analysis informative to Reclamation, if applicable
A reason(s) why any established goals/objectives were not met, if applicable Pertinent information on overall activity such as cost overruns, or high unit costs Significant developments such as problems, delays, or adverse conditions, if applicable Favorable developments such as objectives ahead of schedule, or less cost than anticipated, if applicable
Per 2 CFR Part 200.344, the Final Performance Progress Report shall be submitted within 120 days of the period of performance end date. The Final Performance Report shall include a summary of all activities completed during the entire period of performance with the minimum information stated above, and any Program Specific or Data Collection report requirements as stated within the NOFO and this Agreement.
2. Federal-wide Reports and Disclosures
2.1 System for Award Management
Unless exempted by 2 CFR 25.110, recipients must maintain current information in the System for Award Management (SAM) until the final financial report required under the Award is submitted, or the final payment is received, whichever is later, per Appendix A to Part 25, Title 2.
This requires recipients to review and update information at least annually after the initial registration, or more frequently if required by changes in your information . See SAM.gov I Home. If a recipient allows their SAM registration to lapse. they will be prevented from submitting applications for funding opportunities in Grants.gov, and ASAP accounts are suspended, among other federal financial assistance restrictions.
2.2 Subawards and Executive Compensation
Unless exempted by 2 CFR Part 170.1 OS. Recipients are required to report information on subawards and executive total compensation to meet the requirements of the federal Funding Accountability and Transparency Act of 2006. Recipients can review Appendix A to Part 170, Title .2. for information on what, where, and when to report.
2.3 Reporting Recipient Integrity and Performance
Recipients that have active financial assistance and procurement contracts from federal agencies exceeding $10,000,000 for any period of time during the period of performance of this Agreement must maintain current information in SAM about civil. criminal, or administrative proceedings as outlined in Appendix XII to Part 200.
2.4 Conflicts of Interest
The Recipient must establish safeguards to prohibit its employees and Subrecipients from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The Recipient is responsible for notifying the Grants Officer in writing of any actual or potential conflicts of interest that may arise during the life of this award.
Conflicts of interest include any relationship or matter which might place the Recipient or its employees in a position of conflict, real or apparent, between their responsibilities under the agreement and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Recipient and/or Recipient's employees and Subrecipients in the matter.
The Grants Officer and the servicing Ethics Counselor will determine if a conflict of interest exists. If a conflict of interest exists, the Grants Officer will determine whether a mitigation plan is feasible. Mitigation plans must be approved by the Grants Officer in writing. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award.
Definitions:
This section incorporates by reference 2 CFR Part 200, Subpart A. Acronyms and Definitions including, but not limited to the following additional terms:
A Conflict of Interest is defined as any relationship or matter which might place the Recipient, its employees, and/or its Subrecipients in a position of conflict, real or apparent, between their responsibilities under the agreement and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Recipient and/or Recipient's employees and Subrecipients in the matter .
B. Close Personal Relationship means a federal award program employee's childhood or other friend, sibling, or other family relations that may compromise or impair the fairness and impartiality of the Proposal Evaluator and Advisor and Grants Officer in the review, selection, award, and management of a financial assistance award.
C. Discretionary Federal Financial Assistance means Federal awards including grants and agreements that are awarded at the discretion of the agency.
D. Employment means:
1. In any capacity, even if otherwise permissible, by any applicant or potential applicant for a Federal financial assistance award;
2. Employment within the last 12 months with a different organization applying for some portion of the award's approved project activities and funding to complete them OR expected to apply for and to receive some portion of the award; and/or
3. Employment with a different organization of any member of the organization employee's household or a relative with whom the organization's employee has a close personal relationship who is applying for some portion of the award's approved project activities and funding to complete them OR expected to apply for and to receive some portion of the award.
E. Non-federal entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal award as a Recipient or Subrecipient.
F. Recipient means a non-federal entity that receives a federal award directly from a federal awarding agency to carry out an activity under a federal program. The term Recipient does not include Subrecipients.
G. Subrecipient means a non-federal entity that receives a subaward from a pass-through entity to carry out part of a federal program, but does not include an individual who is a beneficiary of such program . A Subrecipient may also be a recipient of other federal awards directly from a federal awarding agency.
2.5 Trafficking Victims Protection
The Recipient, its employees, and its subrecipients under this award may not engage in human trafficking, procuring commercial sex acts, or using forced labor during the performance of the award, or any subawards. Recipients must inform Reclamation immediately of any allegation of
such activity. Reclamation may unilaterally terminate this award, without penalty, in addition to other remedies for noncompliance, if a violation of the Trafficking Victims Protection Act of 2000 (TVPA), codified at 2 CFR Part 175.15 for financial assistance awards, is determined. Recipients will ensure this provision is included in any agreements entered into for award activities.
3. Remedies for Noncompliance
Failure to comply with the recipient reporting, disclosure, and notice requirements contained in this Agreement, terms and conditions, or federal financial assistance regulations, may be considered a material noncompliance with the terms and conditions of the award.
Noncompliance may result in withholding of payments, denying both the use of federal funds and recipient cost-share for all or part of a cost, activity or action not in compliance, whole or partial suspension or termination of the Agreement, recovery of funds paid under the Agreement, withholding of future awards, or other legal remedies in accordance with 2 CFR 200.339-340.
VI. Program or Project Specific Terms and Conditions
1. Buy America Preference under Simple Acquisition Threshold As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.
This award currently qualifies for the existing DOI general applicability small grant waiver as described at: www.doi.gov/grants/BuyAmerica/Generalapplicabilitywaivers on the basis that the total award amount does not exceed the Simplified Acquisition Threshold (SAD, currently $250,000.00. While this waiver permits the use of non-domestic materials for DOI financial assistance awards that do not exceed the SAT, recipients shall still maximize the use of domestic materials to the maximum extent possible. In the event the total award amount is increased to an amount above the SAT, recipients under this award are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
1. all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
2. all manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55
percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
3. all construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.
For further information on the Buy America preference, please visit www.doi.gov/grants/BuyAmerica . Additional information can also be found at the White House Made in America Office website: www.whitehouse .gov/omb/management/made-in-america/ .
In the event the total amount of this award increases to an amount that exceeds the SAT, recipients shall notify their financial assistance awarding officer of any non-domestic iron, steel, manufactured products, or construction materials already incorporated into the project as early as possible. Recipients may then apply for a DOI waiver, subject to review and approval by DOI and the Made in America Office, for non- compliant materials if it is determined that one of the below circumstances applies:
1. Non-availability Waiver: the types of iron, steel, manufactured products, or construction materials used are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality;
2. Unreasonable Cost Waiver: the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent; or
3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest.
Instructions for requesting a waiver can be found on www.doi.gov/grants/buyamerica.
Recipients requesting a waiver will be notified of their waiver request determination by an awarding officer. Questions pertaining to waivers should be directed to the financial assistance awarding officer.
Recipients shall consult 0MB Memorandum M-24-02 , Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure, and 2 CFR
Part 184, for additional information, inclusive of definitions for Construction Materials, Domestic Content Procurement Preference, and Infrastructure.
The DOI Small Grant General Applicability waiver expires on February 20, 2028. For awards that extend beyond the expiration date of the waiver, recipients shall ensure all iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless an approved waiver is obtained.
2. Liability
a. In general, except as provided under 28 U.S.C. Chapter 171 (commonly known as the "Federal Tort Claims Act"), the United States shall not be liable for monetary damages of any kind for any injury arising out of an act, omission, or occurrence that arises in relation to any facility created or improved under this Agreement, the title of which is not held by the United States. b. Tort Claims Act. Nothing in this section increases the liability of the United States beyond that provided in 28 U.S.C. Chapter 171, United States Code (commonly known as the "Federal Tort Claims Act").
3. Secure Water Act [P.L. 111-11, 9504(a)]
3.1 Agricultural Operations [Section 9504(a)(3)(B)]
The Recipient shall not use any associated water savings to increase the total irrigated acreage of the Recipient or otherwise increase the consumptive use of water in the operation of the Recipient, as determined pursuant to the law of the State in which the operation of Recipient is located.
3.2 Title to Improvements [Section 9504(a)(3)(D)]
If the activities funded under this Agreement result in an infrastructure improvement to a federally owned facility, the Federal Government shall continue to hold title to the facility and improvements to the facility . An infrastructure improvement to a Federal facility is any segment of a project that results in a modification to a portion of a Federal facility that is integral to the existing operations of that facility.
The Recipient shall hold title to improvements that are not integral to the existing operations of the facility.
3.3 Operation and Maintenance Costs [Section 9504(a)(3)(E)(iv.)] The non-Federal share of the cost of operating and maintaining any infrastructure improvement funded through this Agreement shall be 100 percent.
3.4 Liability [Section 9504(a)(3)(F)]
(a) IN GENERAL-Except as provided under chapter 171 of title 28, United States Code (commonly known as the "Federal Tort Claims Act"), the United States shall not be liable for
monetary damages of any kind for any injury arising out of an act, omission, or occurrence that arises in relation to any facility created or improved under this Agreement, the title of which is not held by the United States.
(b) TORT CLAIMS ACT.-Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the "Federal Tort Claims Act") .
4. Wage Rate Requirements
Section 41101 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, requires that all laborers and mechanics employed by contractors or subcontractor in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under BIL shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with Subchapter IV of Chapter 31 of Title 40, United States Code (commonly referred to as the Davis-Bacon Act
VII. Reclamation Contacts
1. Grants Officer
The Reclamation GO is the only official with legal authority to; obligate funds, approve amendments, interpret financial assistance statutes, regulations, circulars, policies, and terms of this Agreement. The GO, or Grants Management Official, contact information can be found on the bottom of the Notice of Award cover page.
2. Grants Management Specialist
The Reclamation GMS works in conjunction with the GO and is the primary administrative point of contact for this Agreement regarding issues related to the day-to-day management. Requests for approval regarding changes to the terms and conditions of the Agreement, including but not limited to amendments and prior approval, may be submitted to a GMS but can only be approved, in writing, by a Reclamation GO. For some agreements, the Reclamation GO and the Reclamation GMS may be the same individual.
3. Grants Officer's Technical Representative
The Grants Officer Technical Representative (GOTR}, or Federal Project Officer, is the primary point of contact for the programmatic performance, compliance, and progress for this Agreement and represents Reclamation in questions regarding interpretation of specifications, drawings, and other technical matters. The GOTR assists the GO in documenting performance, resolving compliance issues with project activities/milestones, and other technical conditions of the Agreement, however only the GO has the legal authority over management of this award.
The GOTR holds no authority to modify, approve, or make determinations related to the terms and conditions of this award.
VIII. Department of Interior Standard Terms and Conditions The Department of the Interior (DOI) Standard Award Terms and Conditions found at https:llwww.doi.gov/grants/doi-standard-terms-and-conditions are hereby incorporated by reference as though set forth in full text. The Recipient is responsible for ensuring their subrecipients and contractors are aware of and comply with applicable statutes, regulations, and agency requirements .