RESOLUTION R2022-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, TO APPROVE AMENDMENT NO. 1 TO EXTEND THE AGREEMENT WITH THE STATE WATER RESOURCES CONTROL BOARD FOR THE NILE GARDEN SCHOOL-WELL 30 WATER SUPPLY PROJECT CIP 21034 FOR 18 MONTHS AND AUTHORIZE THE CITY MANAGER OR DESIGNEE TO SIGN THE AMENDMENT AND REQUIRED DOCUMENTS WHEREAS, the Nile Garden Well 30 Drinking Water Supply Project CIP 21034, State Water Resources Control Board CALSTARS Agreement No. 3910005-001C (“the Project”), was created to build the new Well 30 and piping to provide drinking water to the Nile Garden Elementary School because the school’s onsite well no longer meets drinking water standards; and WHEREAS, the City of Manteca (“the City”) and the Manteca Unified School District collaborated to obtain a grant totaling approximately $5 million from the State Water Resources Control Board to cover the costs of the Project; and WHEREAS, the City of Manteca is the applicant for the State Water Resources Control Board construction grant; and WHEREAS, the City of Manteca intends to assume Lead Agency role for implementation and construction of this Project; and WHEREAS, the City Manager, as the “Authorized Representative,” or designee, is hereby authorized and directed to sign and file, for and on behalf of the City of Manteca, the Agreement with the State Water Resources Control Board for the planning, design, and construction of Nile Garden School Well 30 Project (the “Project”); and WHEREAS, the Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial assistance application, including executing a financial assistance agreement, and the State Water Resources Control Board CALSTARS Agreement No. 3910005-001C (the “Agreement”) from the State Water Resources Control Board and any amendments or changes thereto; and WHEREAS, the Authorized Representative, or his/her designee, is designated to represent the City of Manteca in carrying out the City’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws; and WHEREAS, in July 2021, the City requested an 18-month extension to complete the design documents, request technical assistance to complete the project, and fund the $500,000 (10% of the grant amount) needed to cover costs related to the project while being reimbursed by the State Water Board (Account # 680.40.85.015-7000.99); and WHEREAS, the State Water Board authorized the 18-month extension in December 2021 by granting Amendment No. 1 to the Agreement.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
Each City expenditure will be of a type properly chargeable to a capital account under general federal income tax principles.
To the best of our knowledge, the City is not aware of the previous adoption of official intents by the City that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
This resolution is adopted as official intent of the City in order to comply with Treasury Regulation §1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Project costs.
The City Manager as the “Authorized Representative,” or designee, is hereby authorized and directed to sign and file, for and on behalf of the City of Manteca, a Financial Assistance Application for a financing agreement from the State Water Resources Control Board, and the Agreement for the planning, design, and construction of Nile Garden School Well 30 Water Supply Project CIP 21034.
The City Council authorizes City staff to fill out the necessary documents to submit to the State of California for receipt of the grant funds and authorizes the City Manager or designee to sign the same.
Amendment No.1 to CALSTARS Agreement No. 3910005-001C (Project No. D1902047) between the City and the State Water Board is approved.
The City Attorney is authorized to complete and sign the Form of Opinion letter if required by the State Water Board.
All the recitals in this Resolution are true and correct and the City so finds, determines and represents.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 18th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: _________________________
BENJAMIN J. CANTU
Mayor
ATTEST: ________________________
CASSANDRA CANDINI
City Clerk
Resolution __ ____
R2022-XX Page 1 of 3 18 January 2022 ATTACHMENT 1
ATTACHMENT 1