Pittsburg City Council
October 2, 2023

NOTICE OF FUNDING OPPORTUNITY

EXECUTIVE SUMMARY
• Federal Agency Name: Economic Development Administration (EDA or the Agency), U.S. Department of Commerce (DOC).
• Federal Funding Opportunity Title: FY 2023 Distressed Area Recompete Pilot Program Phase 1 Notice of Funding Opportunity (NOFO) (Recompete Pilot Phase 1 NOFO). • Announcement Type and Date: Recompete Pilot Program Phase 1 NOFO publishing EDA’s application submission requirements and application review procedures under the Distressed Area Recompete Pilot Program (Recompete Pilot Program), as authorized by section 29 of the StevensonWydler Technology Innovation Act of 1980, as amended (15 U.S.C. § 3722b). Effective date: June 29, 2023.
• Funding Opportunity Number: EDA-RECOMPETEPHASE1-2023
• Catalog of Federal Domestic Assistance (CFDA) Number: 11.040, Distressed Area Recompete Pilot Program
• Dates: This is a two-phase competition. The deadline for Phase 1 applications is 11:59 p.m. Eastern Time on October 5, 2023. Applications received after this deadline will not be reviewed or considered. Only those that receive approval for a Recompete Plan in Phase 1 will be permitted to apply to Phase 2, as Finalists of the Recompete Pilot Program. It is anticipated that the Notice of Funding Opportunity for Phase 2 will be made available in winter 2023.

EDA may amend, cancel, or withdraw the Recompete Pilot Program Phase 1 NOFO at any time. All changes will be communicated via Grants.gov.
• Eligible Applicants: Pursuant to section 29(c) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. § 3722b(j)(2) and (j)(7)), eligible applicants under this NOFO include: (i) a unit of local government; (ii) the District of Columbia; (iii) a territory of the United States; (iv) a Tribal government; (v) political subdivisions of a State or other entity, including a special-purpose entity engaged in economic development activities; (vi) a public entity or nonprofit organization, acting in cooperation with the officials of a political subdivision of a State or other entity described in (v); (vii) an economic development district; and (viii) a coalition of any of the above entities that serve or are contained within an eligible geographic area. See section A.1.c. of this NOFO for a description of eligible geographic areas.

Individuals and for-profit entities are not eligible for funding under this NOFO. • Funding Opportunity Description: Subject to the availability of funds, awards made under this NOFO will seek to alleviate persistent economic distress and support long-term comprehensive economic development and job creation, in places with a high prime-age (25 to 54 years) employment gap.
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FULL ANNOUNCEMENT TEXT
FY 2023 EDA Distressed Area Recompete Pilot Phase 1
Notice of Funding Opportunity
A. Program Description............................................................................................................................... 4

1. Competition Structure and Program Information............................................................................... 4 a. Goal of the Competition ……………………………………………………………………………………………………. 4 b. Competition Structure ………………………………………………………………………………………………………. 5 c. General Requirements ………………………………………………………………………………………………………. 6 d. Strategy Development Grants ……………………………………………………………………………………….... 10 e. Recompete Plan Approval ……………………………………………………………………………………………….. 11 f. Implementation Grants ………………………………………………………………………………………………….…. 13

2. Statutory Authorities for EDA’s Recompete Pilot Program............................................................... 16 B. Federal Award Information .................................................................................................................. 16

1. What Funding Is Available Under this Announcement?.................................................................... 16

2. What Type of Funding Instrument Will Be Used to Make Awards? How Long Will a Project’s Period of Performance Be? .......................................................................................................................... 17 C. Eligibility Information ........................................................................................................................... 17

1. Eligible Applicants.............................................................................................................................. 17

2. EDA Investment Rate......................................................................................................................... 18 D. Application and Submission Information ............................................................................................. 18

1. Obtaining an Application and Electronic Submission through EDGE ................................................ 18

2. Content and Form of Applications..................................................................................................... 19

3. Submission Dates and Times............................................................................................................. 23

4. Intergovernmental Review ................................................................................................................ 23

5. Funding Restrictions.......................................................................................................................... 23

6. Other Submission Requirements....................................................................................................... 24

7. EDGE Systems Issues ......................................................................................................................... 24 E. Application Review Information........................................................................................................... 24

1. Criteria, Review, and Selection Process............................................................................................. 25

2. Grants Officer’s Decision ................................................................................................................... 27

3. Review of Responsibility/Qualification Information in SAM.gov ...................................................... 27 F. Federal Award Administration Information ......................................................................................... 28

1. Federal Award Notice ........................................................................................................................ 28

2. Administrative and National Policy Requirements............................................................................ 28

3. Reporting ........................................................................................................................................... 29 1383

G. Federal Awarding Agency Contact........................................................................................................ 29 H. Other Information ................................................................................................................................ 30

1. Right to Use Information ................................................................................................................... 30

2. Freedom of Information Act Disclosure ............................................................................................ 30

3. Notice of Government-Wide Procurement Restriction..................................................................... 30

4. Past Performance and Non-Compliance with Award Provisions....................................................... 31

5. Certifications Required by Annual Appropriations Acts for Corporations and for Awards over $5 Million ............................................................................................................................................... 31

6. EDA’s Non-Relocation Policy ............................................................................................................. 31

7. NOFO Changes Communicated on Grants.gov.................................................................................. 32

8. Disclosure of Information .................................................................................................................. 32

9. Audit Requirements........................................................................................................................... 32

10. Fraud Awareness Training ................................................................................................................. 32

11. Office of Inspector General Rights and Responsibilities.................................................................... 33 1384

A. Program Description

1. Competition Structure and Program Information
a. Goal of the Competition
The Distressed Area Recompete Pilot Program (Recompete Pilot Program) aims to alleviate persistent economic distress and support long-term, comprehensive economic development and job creation in places with a high prime-age (25 to 54 years) employment gap. The program uses prime-age employment gap (PAEG) as an indicator of economic distress because it accounts for prime-age workers who have stopped looking for jobs and left the labor force, not just those who are currently unemployed. In the execution of this goal, EDA will seek to invest in programs and organizations that have a clear understanding of local conditions and pathways to create and connect people with good jobs while ensuring the program’s benefits are shared equitably and across diverse geographies. EDA’s longstanding mission is to ensure that all communities have a path to economic prosperity, and through the pilot program EDA will support communities with high prime-age employment gaps through flexible, bottom-up strategy and implementation grants that tackle the unique challenges these communities face.
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b. Competition Structure
The Recompete Pilot Program will invest in
distressed communities to create, and connect
workers to, good jobs 1
in places that need them
most. The program specifically targets distressed
communities to spur a new chapter of
opportunity in those areas. This includes, but is
not limited to, areas where prominent industries
have declined or disappeared, that were
physically separated by highway construction, or
that have endured decades of disinvestment.

They may be urban, suburban, or rural, but they
have low labor force participation rates that are
holding back prosperity.

EDA will run this competition in two phases
through two separate Notices of Funding
Opportunity (NOFOs). In this Phase 1 NOFO, EDA
will fund Strategy Development Grants and will
approve Recompete Plans for certain regions.

Applicants to this Phase 1 NOFO must choose
whether they are pursuing a Strategy
Development Grant, approval of a Recompete Pla
n, or both. Strategy Development Grants are
funded and are discussed in greater detail below
in section A.1.c. Recompete Plan approval, on the
other hand, is unfunded, but is a prerequisite to
applying to the Phase 2 NOFO. Under the Phase 2
NOFO EDA will award Implementation funding.

Thus, if an applicant would like to compete for Implementation funding under the upcoming Phase 2 NOFO, it should at minimum apply for Recompete Plan approval under this Phase 1 NOFO (the applicant can also apply for a Strategy Development Grant if it so chooses). Recompete Plan approval is discussed in more detail below in section A.1.d.

In a future Phase 2 NOFO, applicants with approved Recompete Plans will compete for funding for Implementation projects. Phase 2 Implementation funding is discussed in greater detail below in section A.1.e.

EDA will provide technical assistance during the period between Phase 1 announcements and the Phase 2 application deadline to all applicants who receive Strategy Development Grants and/or whose Recompete Plans are approved. Building on the model developed in the Build Back Better Regional Challenge, as part of the two-phase competition, these applicants will have equal access to experts to improve the quality of their Phase 2 applications.
1 See https://www.dol.gov/general/good-jobs/principles.

How do I know what to apply for?
A Strategy
Development
Grant Only
“Our region has relevant ideas,
leaders, and/or assets, but we need
to do significantly more
coordination and planning to be
ready for Implementation funding.

We do not wish to apply for
Implementation funding under the
upcoming Phase 2 NOFO.”
Recompete
Plan Approval
Only
“Our region is ready to apply for
Implementation funding and does
not need additional resources to
put together a strong Phase 2
application.”
Both Plan
Approval and
a Strategy
Development
Grant
“Our region has an understanding
of how to address low labor force
participation and is close to being
ready to apply for Implementation
funding. Additional resources would
strengthen our coordination,
planning, and Phase 2 application
development.”
Whether a region chooses to apply for a Strategy
Development Grant won’t affect EDA’s decisions
related to Recompete Plan approval in this phase
or awarding Implementation Grants in the next
phase—each will be evaluated separately. See
sections D.2., E.1.a., and E.1.b.
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c. General Requirements
Across both phases of the Recompete Pilot Program competition, several general requirements must be addressed in the application materials (see section D.2. below). i. Why does Prime-Age Employment Gap (PAEG) matter, and how is it calculated? Based on statute, 2
the Recompete Pilot Program relies on a metric called the prime-age employment gap (PAEG) to establish geographic eligibility based on economic distress. Because of this, it is unlike EDA programs funded under the Public Works and Economic Development Act of 1964, as amended, which use 24-month unemployment rates, per capita income, and special need (e.g., natural disasters) to demonstrate eligibility.

The Recompete Pilot Program uses PAEG as an indicator of persistent economic distress because it accounts for prime-age workers who have stopped looking for jobs and left the labor force, not just those who are currently unemployed. Whether they stopped looking for work because local job opportunities are extremely limited or because they struggle to meet the qualifications, lack reliable transportation, need assistance with childcare, or have other reasons, these places require significant support for prime-age workers to reengage in the local workforce. Note that in this competition, EDA is targeting geographies where a high prime-age employment gap exists because good jobs are not available and/or barriers keep people out of the workforce (e.g., supportive services are lacking), not places where demographic trends lead to high PAEG (e.g., high numbers of financially secure early retirees or people pursuing higher education).

PAEG is determined based on the prime-age employment rate, which is the percentage of the age 25-54 population that is currently working. PAEG is the difference (expressed as a percentage) between (i) the national 5-year average prime-age employment rate; and (ii) the 5-year average prime-age employment rate of the eligible area. 3
Five-year data are used to determine PAEG in most cases because rolling averages of PAEG provide a more stable, accurate representation of a community’s level of distress over time than a snapshot measurement. Specific PAEGs for eligible areas are enumerated in A.1.c.ii. below.

The statute also requires a unique calculation to determine the PAEG for “Tribal lands”. See 15 U.S.C. § 3722b(j)(9). Unfortunately, some of the required data is unavailable for such areas at this time, a fact that was confirmed through formal Tribal Consultation. 4 However, basic unemployment data is available
that indicates a high likelihood that both Tribal lands have a high PAEG. As such, EDA has determined that all Tribal lands are eligible to participate in the program. See section B.1. of this NOFO below for a discussion on how the maximum grant rate in Phase 2 will be determined for Tribal lands given the lack of data.

The data required to calculate PAEG is also unavailable for some Pacific Ocean Territories. As with Tribal lands, basic unemployment data is available that indicates a high likelihood that Pacific Ocean Territories have a high PAEG. Thus, EDA has determined that Pacific Ocean Territories are also eligible to participate 2 15 U.S.C. § 3722b(j)(1).
3 EDA is specifically using 5-year American Community Survey data. 4 The Tribal Consultation was conducted in accordance with Executive Order 13175, “Consultation and Coordination with Indian Tribal Governments” (Nov. 6, 2000), the Department of Commerce’s Tribal Consultation and Coordination Policy (Apr. 26, 2012), and Presidential Memorandum, “Tribal Consultation and Strengthening Nation-to-Nation Relationships” (Jan. 26, 2021).
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in the program. See section B.1. of this NOFO below for a discussion on how the maximum grant rate in Phase 2 will be determined for these areas given the lack of data. ii. What geographic areas are eligible to participate in the Recompete Pilot Program? EDA has developed a Recompete Eligibility Mapping Tool (Mapping Tool), a user-friendly map of areas that are eligible based on the required data about a region’s PAEG and median household income, including all Tribal lands and Pacific Ocean Territories, that can be found here. Applicants generally should reference the map in their applications and use either the Eligible/Service Area List Template here or submit a screenshot generated by the Mapping Tool as proof of eligibility. If the applicant represents a region that the Map does not indicate is eligible, the applicant may submit data showing eligibility that EDA will verify.

By statute, Recompete Pilot Program investments must be located in one of two eligible area types and meet certain PAEG requirements, both of which are represented in the Mapping Tool. 5 The two eligible
geographic areas are:
• Local Labor Markets (LLMs): a Metropolitan Statistical Area, a Micropolitan Statistical Area, a commuting zone, or Tribal lands. LLMs with a PAEG of at least 2.5% are eligible. o For the purposes of this competition, all Tribal lands and Pacific Ocean Territories are considered eligible LLMs.
• Local Communities (LCs): areas served by a general-purpose unit of local government (e.g., county government, municipal government) that is located within but does not cover the entire area of an LLM (as defined above) and meets the following criteria:
o It exists within an LLM that does not qualify for Recompete funding; and o EITHER:
 The entire area served by the unit of local government on average has a PAEG of at least 5% and a median annual household income of no more than $75,000; or  The area served by the unit of local government has five or more contiguous Census tracts that each individually have a PAEG of at least 5% and median annual household income of no more than $75,000. In this instance, the applicant’s service area must be contained within the identified Census tracts. iii. What entities are eligible to participate in the Recompete Pilot Program? Eligible applicants under this NOFO include: (i) a unit of local government; (ii) the District of Columbia; (iii) a territory of the United States; (iv) a Tribal government; (v) political subdivisions of a State or other entity, including a special-purpose entity engaged in economic development activities; (vi) a public entity or nonprofit organization, acting in cooperation with the officials of a political subdivision of a State or other entity described in (v); (vii) an economic development district; and (viii) a coalition of any of the above entities that serve or are contained within an eligible geographic area. Some institutes of higher education will also be eligible if they fall within one of the above categories. 5 15 U.S.C. § 3722b(j)(1).
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Applicants must be one of the above eligible entity types and be located within or serve an area indicated as eligible on the Mapping Tool (or provide data showing eligibility if the geography is not reflected in the Mapping Tool) and be able to represent and act on behalf of the eligible area.

Pursuant to 15 U.S.C. § 3722b(e)(1), no more than one grant may be awarded to eligible entities within a single eligible geographic area (i.e., within an LLM, there may be only one grant awarded in each Recompete phase).
iv. Are there any special considerations for coalitions compared to individual applicants? No specific type of eligible entity is any more or less competitive than other types of eligible entities. The
strongest applicants, however, will demonstrate the ability to engage broadly in the community and support
implementation of a wide range of potential targeted
actions related to reducing their area’s PAEG. EDA expects that applicants will collaborate with relevant partners that can contribute to the effort. However, EDA is cognizant that areas with a high PAEG are diverse, and some may have
one entity that is clearly well-positioned to lead while other areas may be better positioned to form a coalition.

If a coalition decides to apply, it does not need to have a formal legal structure (i.e., a contractual arrangement or public-private partnership) but should develop a governance plan prior to applying for Phase 2 funding.

Coalition applicants also must identify a lead member organization that commits to, if selected for Phase 2 funding:
• be the principal applicant for the Phase 1 Strategy Development Grant and/or Phase 1 Recompete Plan approval;
• serve as EDA’s main point of contact during the competition and implementation; • be the employer of the Recompete Plan Coordinator (RPC) (described below) or have an established relationship with that employer (note an RPC is required even if the application does not involve a coalition; see below);
• serve as the central coordinator across the eligible geography, to convene public, private, educational, and civic leaders to facilitate bottom-up, middle-out competitiveness; • establish and maintain communication between the region and/or coalition and EDA to enable and accelerate collaboration and support; and
• ensure funding and other assistance provided by EDA and any other partners are effectively coordinated and braided within communities.

If a coalition wins a Phase 2 Implementation award, the lead member organization will have additional duties related to the ongoing governance structure of the collection of implementation projects funded to ensure they remain cohesive and coordinated. Governance in this context means ensuring that the coalition is communicating and coordinating activities and outcomes. The lead member may also receive funding for specific implementation project(s) in Phase 2. These details will be further addressed in the forthcoming Phase 2 NOFO.

Are EDA Good Jobs Challenge (GJC) and
Build Back Better Regional Challenge
(BBBRC) Finalists and Winners eligible to
participate in the Recompete Pilot
Program?
Yes, provided they meet the other
eligibility criteria for the Recompete Pilot
Program and, if they are applying for
funding, are only seeking funding for a
scope of work separate from what was
funded under GJC or BBBRC.
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Regardless of whether an application represents a coalition or single organization, EDA fully anticipates partnerships between applicants, businesses, institutions of higher education, labor unions and federations, non-profits and other regional organizations. In Phase 2, lead organizations should be prepared to articulate how those partnerships are structured and governed, whether formally or informally.
v. What is required in letters of support?
Whether an individual entity or a coalition applies, EDA expects letters of support from regional organizations necessary for success—specifically, targeted employers, labor unions, education and training systems, philanthropy, and nonprofit organizations that can support wraparound services e.g., child/long-term care, onsite health services, transportation assistance) and other needs. An exhaustive list of all relevant organizations is not necessary to win a Strategy Development Grant or receive approval of a Recompete Plan. The primary focus in Phase 1 is for applicants to demonstrate they understand local needs and assets and have a clear sense of the relevant stakeholders necessary for success. EDA considers quality of letters more than sheer volume. EDA expects the number of commitment-making partners to expand and the commitments to become more specific in Phase 2, including applying for and executing an individual component project or making hiring, match funding, co-investment, or policy change commitments for the overall benefit of the community.

EDA also expects that if a region applies as a coalition, that the regional partners will evolve and views it as a success if more members join or the membership is refined to reflect the exact parameters of the Phase 1 Strategy Development grant or Phase 2 Implementation Grant. vi. How will EDA ensure applicants serve the eligible geography? Because the Recompete Pilot Program endeavors to assist distressed areas, applicants need to demonstrate that they can adequately represent the eligible area and deliver the solutions proposed in any Recompete Plan.

Thus, applicants, including lead members of a coalition, must demonstrate they are authorized to represent and act on behalf of the eligible geographic area, as described at 15 U.S.C. § 3722b(j)(2). While applicants may be located outside of the eligible geography, they must clearly articulate why they are uniquely positioned to serve the region and that they are serving with the support of the eligible area and have the capacity and leadership to meaningfully increase prime-age employment over the duration of the grant.

Whether an applicant represents a small or large eligible area as represented on the Mapping Tool, it should consider the service area of the investments—that is, the people, and particular areas, that stand to benefit from the Recompete Pilot Program. As part of their application, applicants should identify their chosen service area. The service area may be all or any subset of the eligible area. Some proposals may specifically focus on certain neighborhoods or communities to have the highest impact. Applicants may decide concentrating investments is a better strategy than distributing the benefits evenly across the eligible geography. In any case, EDA will prioritize those applications that focus on interventions that aim to significantly increase prime-age labor market employment and wages. vii. What is the role of the Recompete Plan Coordinator (RPC)? EDA believes local champions and change agents are essential and investments are only successful with the right leadership, including leadership that reflects the diverse populations they serve. The RPC role is 1390

meant to coordinate across relevant entities and help ensure a successful implementation of Recompete Plans. The specific obligations of the role may vary based on regional assets and needs. EDA encourages applicants to identify strong, diverse talent and place that person in a leadership role to catalyze strong, lasting partnerships across the area, including with the private and public sectors such as other federal partners, and philanthropic supporters. Throughout Phase 2 the RPC and other leadership positions will be critical to success. While not all applicants will have an RPC identified in Phase 1, all applicants should provide a strategy for identifying the right leadership team for their community. Having an RPC or a plan to hire one will be a requirement for Phase 2.
d. Strategy Development Grants
An applicant to the Recompete Pilot Phase 1 NOFO may apply for a Strategy Development Grant, either alone or along with a request for approval of a Recompete Plan. Where an applicant applies only for a Strategy Development Grant, the grant is intended to facilitate a region in becoming more competitive for future approval of a Recompete Plan and thus eventually for Implementation Grants. Some eligible entities that are strong candidates for Recompete Plan approval (discussed below in section A.1.d.) may not have a compelling case for a Strategy Development Grant.

Strategy Development Grants may fund the following types of activities:
(1) Coordination and execution of an inclusive, locally-defined planning process, across jurisdictions and agencies, to develop a comprehensive regional strategy to address high prime-age employment gaps in the regions (i.e., a PAEG strategy); (2) Identification and fostering of regional partnerships for developing and implementing a comprehensive regional PAEG strategy;
(3) Implementation or updating of assessments to determine regional needs and capabilities; (4) Development or updating of goals and strategies to implement an existing comprehensive regional PAEG strategy;
(5) Identification or implementation of planning, local zoning, and other changes to code, law, or policy necessary to implement a comprehensive regional PAEG strategy; (6) Development of plans for promoting broad-based economic growth in a region; (7) Hiring of the coalition’s RPC to lead the overall effort and other necessary staff; (8) Formation of a workforce development strategy, according to the needs for a skilled and diverse technical workforce aligned with the region’s strengths; (9) Activities necessary to prepare for strategy implementation, which may include workforce development strategies, environmental, and engineering documentation, if applicable; and (10) For Tribal entities and Pacific Ocean Territories, collection of data on the population of individuals ages 25 through 54 to determine PAEG. For Tribal entities this includes collection of data related to such individuals residing on and off Tribal land consistent with the information requested in 15 U.S.C. § 3722b(j)(9).

In the required Project Narrative (see section D.2. below), the applicant must describe the Strategy Development and predevelopment activities it proposes to undertake. The Project Narrative should also clearly demonstrate the applicant’s deep understanding of the region and its needs, including the conditions that led to low employment participation by the region’s prime-age residents; inventory existing community or regional assets that are critical to reducing the PAEG; and identify tested interventions that address regional needs and leverage regional assets to grow the local economy. 1391

Note: Matching share is not required in Phase 1 but will be part of the Phase 2 evaluation criteria.

By statute, Strategy Development Grants may not be used as a prerequisite for Implementation Grants. e. Recompete Plan Approval
An applicant to the Recompete Pilot Phase 1 NOFO may submit a Recompete Plan for approval. Only applicants with an approved Recompete Plan at the conclusion of Phase 1 of the competition (i.e., Finalists) will be permitted to apply for Implementation funds under the Recompete Pilot Phase 2 NOFO.

Thus, if an applicant would like to compete for Implementation funding under the upcoming Phase 2 NOFO, it should apply for Recompete Plan approval under this Phase 1 NOFO.

Recompete Plan approval signifies that the eligible entity has a multi-year plan for reducing the PAEG of the eligible area with a strong probability of success. EDA’s evaluation of a region’s plan is detailed in section E.2 and must be addressed in the applicant’s application materials (see section D.2. below).

A competitive Recompete Plan will demonstrate the following six elements:
(1) Understanding of regional conditions and needs – Recompete Plans should reflect a deep understanding of the region and its needs, including the conditions that led to a high prime-age employment gap among the region’s prime-age residents. They should be specific in detailing the contributing local conditions, employment barriers for different targeted populations, job quality, and geographic considerations. Beyond the PAEG, applicants are encouraged to provide qualitative and quantitative data that supports the region’s needs, including demonstrating persistent economic distress, and justifies potential investments. (2) Strength of strategy and quality of potential investments – Recompete Plans should clearly articulate a strategy to address causes of the local high prime-age employment gap identified in element #1 above and the particular geographic locations to be targeted. Applicants should outline the investments they anticipate asking EDA to fund through a Phase 2 NOFO that will help increase per capita wages and close the prime-age employment gap (EDA expects Recompete Plans to include 3-8 Implementation Grant projects that aim to collectively address the region’s key inhibitors of prime-age employment participation and low wages), though EDA recognizes those may evolve or be refined between Phase 1 and submission of a Phase 2 application. EDA encourages applicants to draw from proven interventions; local expertise, organizations, unions, and companies; and practitioner and research findings. The likelihood of success depends on a combination of the strength of the overall strategy (e.g., sources of potential economic growth), track record of the applicant, and quality of the identified interventions. When describing specific interventions, applicants should include the proposed programs and activities, high-level budget estimates (see below regarding a template), and roles and responsibilities of the entities that would execute the interventions. EDA expects that budgets and project specifics will be refined and shared in greater detail if the Recompete Plan is approved and the applicant applies for a Phase 2 Implementation Grant. For Phase 1, a highlevel budget estimate is sufficient; see section D.2. for a template for this budget estimate. (3) Equity, inclusivity, accessibility, and diversity – Recompete Plans should articulate how they will actively engage underserved communities in planning and ensure benefits are shared equitably 1392

across all affected populations, including through efforts to reach historically underserved populations and areas (whether rural, urban, or suburban), communities of color, women, and other groups facing labor force barriers such as people without four-year college degrees.

Historical commitments to equity, inclusivity, accessibility, and diversity by applicants and their identified partners, including any prior related concrete successes, will be relevant. The plan should include letters of support from entities that represent underserved communities, businesses, and/or workers. As with all letters of support, EDA puts a premium on quality over quantity. Successful applicants will align budgets, coalition leadership and governance to their equity and diversity priorities. EDA recognizes prioritizing equity means applicants may partner with organizations new to federal grants.
(4) Regional assets – Recompete Plans should inventory existing community or regional assets that are specific to their geography and critical to reducing the PAEG. This may include industries, natural assets, educational institutions (including community colleges and other educational institutions, etc.), or other organizations that have the potential to change the regional economic dynamics (e.g. unions, workforce entities, community and faith-based organizations, etc.). The plans should also identify how new EDA resources along with existing federal, state, or other funding options can unlock the potential of these regional assets in ways and/or at a scale that previous efforts could not. If assets are industry-specific, applicants should also address the degree to which these assets will remain competitive and relevant over time. (5) Targeted geographic approach – The Recompete Pilot Program is intended to fundamentally improve and increase opportunities in persistently distressed communities. The goal of the program is to support long-term prosperity of the particular place. Applicants should specifically identify their service area within the eligible geography and how the proposed interventions will create long-run, sustained benefits to that area. Recompete Plans should lay out a path to ensuring residents who are not employed or participating in the labor market have access to career pathways, in line with Good Jobs Principles. There are a number of geographicallytargeted approaches to creating good jobs and connecting people to them, including small business support, neighborhood programming, and sector-specific training. Applicants should have a preliminary articulation of what types of jobs they anticipate either creating or placing people into through their Recompete Plan, understanding that EDA will be cognizant of each region’s baseline job mix.
(6) Partnerships and potential commitments – Recompete Plans should show how key local, regional, and state partners, including underleveraged or underrepresented organizations and residents, are engaged or will be engaged, and that they are committed to reducing the PAEG.

Applicants are encouraged to indicate in their application the firms, institutions, state and local governments, labor unions or federations, and other local partners who have committed or the applicant will ask to commit to creating good jobs, changing policies and practices, and otherwise supporting the Recompete effort. There must be strong alignment and a shared strategic vision in the region and a plan to leverage local or regional partners’ skills and/or constituencies to achieve better project outcomes. In that regard, a history of collaborating and achieving concrete successes, including at smaller scales, will be relevant. Recompete Plans should demonstrate how other public (including other federal), private-sector, or philanthropic dollars may be leveraged to support the effort. Applicants are encouraged to identify how other federal programs may assist in meeting ancillary needs including infrastructure, education and training, workforce housing, child/long term care, public health challenges (including need for 1393

additional mental health or addiction care), broadband, and the like, and this may also include plans to more effectively coordinate and braid such other sources of funding. Note that EDA will be cognizant of the different base levels of funding available in a region. An applicant will not be less competitive if there are simply fewer of these resources available to be leveraged. Rather, applicants will be more competitive to the extent that they are able to leverage what resources are available in a community.

More specific and concrete partner commitments will be required in Phase 2 (see section A.1.f.i. for examples). Matching dollars are not required in Phase 1 or Phase 2. Matching dollars will be considered in Phase 2 but so will other complementary projects or initiatives that support the Recompete goals.
f. Implementation Grants
EDA will award Implementation Grants competitively under the forthcoming Recompete Pilot Phase 2 NOFO to a subset of eligible entities with Recompete Plans approved under this Recompete Pilot Phase 1 NOFO (i.e., Finalists). Because Recompete Plans submitted for approval will identify programs and activities that would be carried out with Implementation Grants, understanding what EDA may fund with Implementation Grants is critical.

Implementation Grants can fund a wide range of non-construction and construction activities that aim to increase regional capacity across the following four broad categories: workforce development; business and entrepreneur development; infrastructure; and additional planning, predevelopment, or technical assistance.
6 The program is designed to provide significant flexibility for applicants to address the necessary physical, social, and economic barriers to jobs and career pathways. Given the nature of the program, EDA may make investments in areas it historically has not funded. For example, EDA understands there may be a suite of necessary interventions to increase employment, job quality, and wages, such as wraparound services. However, applicants will need to clearly explain how any requested EDA investments directly serve the purpose of the program and can clearly demonstrate intended economic development results.

This large suite of eligible activities is designed to meet the individual needs and address the causes of high PAEG and low wages in a particular place. In each region selected for Implementation Grants, EDA expects to fund approximately 3-8 Implementation Grant projects that aim to collectively address the region’s key inhibitors of prime-age employment participation and low wages at a total funding level that depends on the area of eligibility.

The section immediately following this one (section A.1.f.i below) contains illustrative examples of possible project ideas for both types of areas. EDA encourages applicants to propose the interventions that are best suited for their area, that can achieve measurable outputs and outcomes, and be achieved on schedule and within the planned budget. EDA’s goal is to ensure applicants build Recompete Plans based on a deep understanding of the specific labor force dynamics of their community.

See section B.1. for expected funding levels. While the amount requested and awarded will depend heavily on the types of interventions a particular place needs, efforts to create jobs may require larger investments in public assets, and efforts to connect workers to existing jobs may be more programmatic 6 See 15 U.S.C. § 3722b(c) for a more comprehensive list of allowable activities within these four broad categories. 1394

and thus cost less. Accordingly, it will be critical for applicants in Phase 2 to explain why the requested amount is appropriate for the interventions identified as necessary for that region and for the number of people expected to be newly employed based on those interventions. i. What are some examples of Recompete Pilot Program implementation investments? EDA expects Implementation Grants will fund two general economic development intervention approaches: creating new good jobs in the region and connecting people to existing jobs. The specific projects that are necessary to accomplish these types of interventions may be different, and below EDA has provided illustrative examples of projects for each approach. These illustrative examples are intended only as a reference for applicants as they are developing ideas for their Recompete Plans.

Areas where more jobs are needed in general to close the PAEG (and increase career pathways and wages) are encouraged to clearly articulate a strategy that reflects labor market conditions, creates new quality job opportunities, and demonstrates how those new jobs will go to existing unemployed and underserved or non-participating residents. Areas that need to create more good jobs might fund:
• Critical enabling infrastructure (e.g., brownfield redevelopment, workforce training centers near workers)
• Anchor institution partnerships (e.g., anchor firms, ports, community colleges, universities, hospitals, etc.)
• Economic development capacity and leadership (e.g., governance, etc.) • Sector-specific support and training for high-demand local sectors and jobs (e.g., a sectoral partnership, funding intermediaries to support employers with inclusive workforce development, etc.)
• Remote worker training and connection programs (e.g., with employers outside a labor market) • Wraparound or supportive services (e.g., child/long-term care, onsite health services, transportation assistance, as appropriate)
Areas in proximity of good jobs (e.g., neighborhoods, suburbs near employment centers) are encouraged to consider how their Recompete Plan connects workers to and keeps them employed at existing jobs within the broader labor market through active labor market policies, wraparound services, or other needed interventions. An area nearby to existing jobs that needs to connect people to them might fund:
• Sector-specific workforce training that reflects the existing employment conditions with employer commitments (see below for examples) that bring together employers and workers and create economies of scale for high-demand jobs (e.g., a sectoral partnership, Registered Apprenticeship and pre-apprenticeship programs, community college programs, funding intermediaries to support employers with inclusive workforce development, etc.) • Consistent and reliable transportation, usually providing access to existing transportation, but potentially investing in infrastructure, bus lines, etc. • Wraparound or supportive services (e.g., child/long-term care, onsite health services, transportation assistance, as appropriate)
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• Other active labor market support (e.g., community mentorship programs, job search assistance, post-placement success coaching, neighborhood employment hubs) • Economic development capacity and leadership (e.g., governance, etc.) EDA encourages applicants to propose the interventions that are most applicable to their local conditions, whether or not they are on the above lists of illustrative examples.

EDA expects workforce development activities to be in line with DOC’s workforce best practices, 7 support placement into good jobs and incorporate worker input into their design and delivery. For more information on the definition of good jobs, please review DOC’s and the Department of Labor’s Good Jobs Principles, which describe a shared federal vision for job quality. ii. What commitments to policy change and outcomes are expected? EDA’s investments are most effective when combined with local action to change or reform policies, practices, and outcomes that make it harder for people to access work. Regardless of whether an applicant is connecting workers to jobs or creating new jobs, EDA anticipates all successful Phase 2 awardees will have credible, specific, and timely commitments to making such changes in their communities. While firm hiring commitments are critically important to reducing the PAEG in a region, there are many other things firms, state and local governments, foundations, institutions of higher education, and others can do to improve local communities. Some of the most important ways a community can unlock economic opportunity is for the local public and private sector to operate differently and cooperatively. Phase 1 applicants should begin thinking about commitments, though fully developed and agreed upon commitments are not expected until Phase 2.

Examples of commitments to policy change and outcomes might include:
• Anchor institutions such as firms, hospitals, and universities work together to develop standardized hiring requirements for certain occupations • Private-sector commitments to recruitment in a particular distressed neighborhood or geography
• Eliminating four-year degree requirements for certain occupations and support for employers to adopting skills-based recruitment and hiring practices • Aligning new investments and programming with existing benefits like SNAP, affordable housing programs, and Medicaid
• Data sharing agreements between state and local agencies, as well as local service providers, to improve service delivery and support
• New leadership roles hired within public, private, and educational institutions focused on economic opportunity within distressed communities
• Procurement decisions to support distressed communities and businesses owned by underrepresented populations
• Local transportation agencies removing physical barriers to job opportunities by increasing or improving access to and convenience of public transportation 7 See https://www.commerce.gov/issues/workforce-development. 1396

• Other commitments to improving the area and supporting workers, such as increasing supply of and providing access to affordable housing and high-quality child/long-term elder care
Ultimately, the Recompete Pilot Program is meant to allow maximum flexibility for applicants to propose the investments and policy changes needed for their community to thrive. EDA encourages applicants to be bold and creative in thinking about local commitments to action.

2. Statutory Authorities for EDA’s Recompete Pilot Program The statutory authority for this program is section 29 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. § 3722b).

B. Federal Award Information

1. What Funding Is Available Under this Announcement?
Across the Consolidated Appropriations Act, 2023 and the Disaster Relief Supplemental Appropriations Act, 2023 (both enacted in Public Law 117-328), Congress appropriated EDA $200,000,000 to remain available until expended to implement the Recompete Pilot Program.

If an applicant is awarded funding, neither DOC nor EDA is under any obligation to provide any future funding in connection with that award or to make any future award(s). Amendments or renewals of an award to increase funding or to extend the period of performance are at the sole discretion of DOC and EDA.

Publication of this announcement does not obligate DOC or EDA to award any specific grant or cooperative agreement or to obligate all or any part of available funds. The granting of any award is subject to the availability of funds at the time of award as well as to DOC priorities at the time of award.

Neither DOC nor EDA will be held responsible for application preparation costs.

Applicants to this Phase 1 NOFO must choose whether they are pursuing a Strategy Development Grant, approval of a Recompete Plan, or both. EDA anticipates approximately $6,000,000 to $12,000,000 in total being awarded in Phase 1 as Strategy Development Grants of between $250,000 and $500,000 each, and up to $750,000 only in rare circumstances.

EDA expects to approve at least 20 Recompete Plans. Recompete Plan approval itself does not come with any funding although EDA may award a Strategy Development Grant to an applicant that also has its Recompete Plan approved. Recompete Plan approval also serves as a prerequisite to participating in Phase 2 of the competition and applying to the Phase 2 Implementation NOFO. Thus, if an applicant would like to apply for Implementation funding under the upcoming Phase 2 NOFO, it should apply for Recompete Plan approval under this Phase 1 NOFO. During Phase 2, EDA anticipates funding 4-8 Implementation Grants with grants to Local Labor Markets averaging approximately $50,000,000 and grants to Local Communities averaging approximately $20,000,000, though amounts for each awardee will depend on multiple factors. See sections A.1.e. and A.1.f. of this NOFO for more information on how the award amounts may vary depending on the type of intervention (e.g., in general, creating jobs is more costly than connecting people to existing jobs).
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Note that the range and averages above will necessarily be less than the maximum amount a region could potentially receive if calculated using the formula in 15 U.S.C. § 3722b(f) or (j)(9) because this is a pilot program and limited funding is available. Further, in no event in Phase 2 will EDA surpass the maximum amount for a region that results from application of the formula in 15 U.S.C. § 3722b(f) or (j)(9). This maximum amount applies over the life of the Recompete Pilot Program and is not necessarily the amount the entity will receive in the initial Phase 2 competition.

For Tribal areas or Pacific Ocean Territories, due to the data being unavailable at this time, determining anticipated grant amounts for Phase 2 is particularly difficult. For those two types of areas, the maximum grant amount in Phase 2 will be $20 million (or a lesser amount requested that is appropriate to the scale of the proposal) or the result of the formula found in 15 U.S.C. § 3722b(f) for Pacific Ocean Territories or the combination of 15 U.S.C. § 3722(f) and (j)(9) for Tribes, provided that the Territory or Tribe submits the required top-line data and a certification of its accuracy.

Depending on demand under this NOFO, EDA may exercise its discretion to adjust the total amount available between the Phase 1 and Phase 2 NOFOs to ensure funds are used to maximum effect.

2. What Type of Funding Instrument Will Be Used to Make Awards? How Long Will a Project’s Period of Performance Be?
Funding Instrument: Subject to the availability of funds, EDA may award grants or cooperative agreements to eligible applicants, but EDA expects most awards to be cooperative agreements. EDA will award a cooperative agreement on a case-by-case basis if substantial agency involvement is required.

For a cooperative agreement, the nature of EDA’s “substantial involvement” (to be included in the terms and conditions of the award) will generally be collaboration between EDA and the recipient on the scope of work, including administering subawards to other coalition members. However, other possible examples of EDA’s “substantial involvement” may include, but are not limited to: (i) authority to halt immediately an activity if detailed performance specifications are not met; (ii) stipulation that the recipient must meet or adhere to specific procedural requirements before subsequent stages of a project may continue; (iii) involvement in recipient’s selection of key personnel; and (iv) operational involvement and monitoring during the project to ensure compliance with statutory requirements.

Period of Performance: The period of performance for a given Phase 1 Strategy Development project may vary depending on the scope of work. EDA expects that most projects will range from 18 to 36 months. EDA expects that all projects will proceed efficiently and expeditiously.

C. Eligibility Information

1. Eligible Applicants
Eligible applicants under this NOFO include: (i) a unit of local government; (ii) the District of Columbia; (iii) a territory of the United States; (iv) a Tribal government; (v) political subdivisions of a State or other entity, including a special-purpose entity engaged in economic development activities; (vi) a public entity or nonprofit organization, acting in cooperation with the officials of a political subdivision of a State or other entity described in (v); (vii) an economic development district; and (viii) a coalition of any of the above entities that serve or are contained within an eligible geographic area. 1398

2. EDA Investment Rate
In general, Phase 1 Strategy Development grants, as described in section A.1.c., will be awarded with a maximum 100% federal grant rate (i.e., no local match required).

As there is no funding associated with Recompete Plan approval, there is no relevant federal grant rate or local matching requirement.

Matching dollars are not required in Phase 1 or Phase 2. Matching dollars will be considered a competitive factor in Phase 2 but so will other complementary projects or initiatives that support the Recompete goals.

D. Application and Submission Information
There are separate application requirements depending on whether an applicant is seeking a Strategy Development Grant or Recompete Plan approval. An applicant seeking both a Strategy Development Grant and Recompete Plan approval must complete both sets of application requirements. No matter the element of this Recompete Pilot Phase 1 NOFO an applicant is pursuing (i.e., Strategy Development Grant, Recompete Plan approval, or both), an applicant must submit a complete application, as detailed in section D.2. of this NOFO, to be considered for funding. However, some content is expected to overlap between the applications (proposed service area, underlying arguments, etc.) can be repeated across both narratives, and identical letters of support, CD-511, and SF-LLL may be submitted for both applications.

Applicants who apply for both a Strategy Development Grant and Recompete Plan approval may receive a Strategy Development Grant, Recompete Plan approval, both, or neither because, as explained in greater detail in section E, Strategy Development Grant and Recompete Plan applications are evaluated separately and against different but complementary merit criteria.

EDA intends to review each application expeditiously upon receipt of the complete application. EDA may request additional documentation or information from the applicant to make an eligibility determination. EDA also may, in its sole discretion, continue review of any application with minor defects or errors, while the applicant supplies the missing information. EDA will reject any documentation of eligibility that the agency determines is inaccurate or incomplete, which may cause the application to be rejected. Please see section E of this NOFO for more information on award criteria, and the review and selection process.

1. Obtaining an Application and Electronic Submission through EDGE An applicant must obtain, complete, and submit an application electronically through the Economic Development Grants Experience (EDGE) at sfgrants.eda.gov. EDA will not accept paper, facsimile, or email transmissions of applications except as provided below. In order to obtain and submit an application through EDGE, an applicant must register for an EDGE account at sfgrants.eda.gov. As part of the registration process, you will register one Authorized Representative for your organization, however, multiple points of contact may be registered or added by the applicant to the application workspace to view or work on completing the application. The Authorized Representative will be the only official with the authority to submit applications. 1399

a. Verification of Submission
Applicants should save and print written proof of an electronic submission made through EDGE.

Applicants, specifically the Authorized Representative submitting the application and materials, will receive a time and date stamped email from EDGE confirming the submission and receipt of the application and other required documents.

Applicants should save and print both the confirmation screen provided on EDGE after the applicant has submitted an application and the confirmation email sent when the application has been successfully submitted.

It is the applicant’s responsibility to verify that its submission was timely received and submitted successfully through EDGE. To see the date your application was submitted, log on to EDGE and click on the Submitted Application section from the Home Page.

If you experience a systems issue with EDGE, see section D.7. below for instructions. b. Alternatives to Submission through EDGE
To accommodate an applicant’s accessibility requirements, a paper version of this application may be obtained by contacting the appropriate POC listed in section G of this NOFO. Or if an applicant is otherwise unable to submit an application through EDGE for reasons beyond the control of the applicant, EDA, in its sole discretion, may pre-approve in writing submission via an alternate method (e.g., email).

2. Content and Form of Applications
a. What is required for a complete Strategy Development Grant application? 8 The following table provides a complete list of documents required for a complete application for a Strategy Development Grant.
(1) One Form SF-424 (Application for Federal Assistance). (2) Letters of Support Letters evidencing the support of key partners in the execution of the Strategy Development Grant. If the applicant is a coalition, there should also be one letter from the coalition lead member that lays out that member’s role. (3) One Project Narrative (not to exceed five 8.5x11-inch pages, with a minimum 12-point font and 1-inch margins) that discusses in detail all the requirements outlined in sections A.1.c. and A.1.d. of this NOFO, including addressing all the evaluation factors listed in section E.1.a. of this NOFO; identifies the relevant eligible geographic area through a screenshot from the Mapping Tool (or by providing data showing eligibility if the geography is not reflected in the Mapping Tool) and the proposed service area; and the uses to which the applicant will put the funds if awarded. An Eligible/Service Area List Template is provided at https://www.eda.gov/sites/default/files/2023- 06/Recompete_Eligible-Service_Area_List_Template_vF.xlsx. If more than five pages of 8 In the event of discrepancies between instructions provided in any of the forms and this NOFO, the requirements for complete applications as stated in this NOFO will control. 1400

Project Narrative is submitted, only the first five pages will be reviewed. The Mapping Tool screenshot and Eligible/Service Area List Template do not count toward the page limit.
(4) One Form SF-424A (Budget Information—Non-Construction Programs). (5) One Strategy Development Budget Narrative that clearly identifies and justifies how funds in each line item of the budget (Form SF-424A) will be used to support the proposed project. The Budget Narrative should specifically address each budget line item, and the narrative total should match the total project costs listed in both the SF-424 question 18, line g, and SF-424A. A template budget narrative is provided at https://www.eda.gov/sites/default/files/2023-
06/Recompete_Strategy_Development_Budget_Narrative_vF.xlsx. (6) One Form CD-511 (Certification Regarding Lobbying). (7) One Form SF-LLL (Disclosure of Lobbying Activities), if applicable. Form SF-LLL is only required if the applicant has reportable lobbying activities. (8) Indirect Cost Rate Documentation (If Applicable). See section D.2.d. for more information on this requirement.
(9) SPOC Documentation (if applicable). See section D.4 for more information on this requirement.

All documentation and data submitted should be current and applicable as of the date submitted.

Applicants are encouraged to contact the appropriate POC for technical assistance before submitting an application. EDA staff members are available to provide applicants with technical assistance regarding application requirements. Additionally, EDA may contact the applicant to clarify application materials received.
b. What is required for consideration of a Recompete Plan? The following table provides a complete list of documents required for consideration of a Recompete Plan for potential approval:
(1) Letters of Support Letters evidencing the support each partner is committing to the Recompete effort. If the applicant is a coalition, there should also be one letter from the coalition lead member that lays out that member’s role. (2) Recompete Plan (not to exceed 8 8.5x11-inch pages, with a minimum 12-point font and 1- inch margins) that identifies the relevant eligible area through a screenshot from the Mapping Tool (or provides data showing eligibility if the geography is not reflected in the Mapping Tool) and the proposed service area, and addresses the six key Recompete Plan elements described in section A.1.e. of this NOFO. An Eligible/Service Area List Template is provided at https://www.eda.gov/sites/default/files/2023-06/Recompete_Eligible1401

Service_Area_List_Template_vF.xlsx. If more than 8 pages of Project Narrative is submitted, only the first 8 pages will be reviewed. The Mapping Tool screenshot and Eligible/Service Area List Template do not count toward the page limit. (3) One High-Level Recompete Plan Budget Narrative that clearly identifies its 3-8 proposed projects and high-level budget estimates for each project. A template budget narrative is provided at https://www.eda.gov/sites/default/files/2023-06/HighLevel_Recompete_Plan_Budget_Narrative_vF.xlsx. The Budget Narrative helps provide some of the information required in element #2 in section A.1.e. of this NOFO (strength of strategy and quality of investments) and does not count toward the 8-page limit for the Recompete Plan.
(4) One Form CD-511 (Certification Regarding Lobbying). (5) One Form SF-LLL (Disclosure of Lobbying Activities), if applicable. Form SF-LLL is only required if the applicant has reportable lobbying activities.

All documentation and data submitted should be current and applicable as of the date submitted.

Applicants are encouraged to contact the appropriate POC for technical assistance before submitting an application. EDA is available to provide applicants with technical assistance regarding application requirements. Additionally, EDA may contact the applicant to clarify application materials received. c. What do we need to submit if we apply for both a Strategy Development Grant and Recompete Plan approval?
Applicants applying for both a Strategy Development Grant and Recompete Plan approval must submit two applications. That is, to apply for both a Strategy Development Grant and Recompete Plan approval, an eligible entity must submit all materials listed in sections D.2.a. and D.2.b. above (refer to the respective section above for a full description of each required document). However, some content is expected to overlap between the applications (proposed service area, underlying arguments, etc.) can be repeated across both narratives, and identical letters of support, CD-511, and SF-LLL may be submitted for both applications.
d. Environmental and Historic Preservation Requirements Each application will be reviewed by EDA for compliance with the National Environmental Policy Act (NEPA) of 1969, as amended. Most planning and technical assistance activities funded under this NOFO will not require an environmental impact statement (EIS) or an environmental assessment (EA), as EDA’s experience has shown such activities do not significantly affect the quality of the human environment.

However, EDA will be alert to extraordinary circumstances that would require an EIS or an EA for activities funded under this NOFO, and EDA may require an applicant to submit additional information related to environmental review.
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e. Copy of Negotiated Indirect Cost Rate Agreement (if applicable) If indirect costs are included in the budget for a Strategy Development Grant application, the applicant must include documentation to support the indirect cost rate they are using (unless claiming the 10 percent de minimis indirect cost rate, discussed below). The applicant must submit a copy of its current, approved, and negotiated indirect cost rate agreement (NICRA). The maximum dollar amount of allocable indirect costs for which EDA will reimburse a recipient will be the lesser of the (i) line-item amount for the federal share of indirect costs contained in the EDA approved budget for the award, or (ii) federal share of the total allocable indirect costs of the award based on either (i) the indirect cost rate approved by EDA (or applicable cognizant federal agency), provided that the cost rate is current at the time the costs were incurred and provided that the rate is approved on or before the award end date, or (ii) other acceptable documentation as indicated below.

If the applicant does not have a current or pending NICRA, it may propose indirect costs in its budget; however, the applicant must prepare and submit an allocation plan and rate proposal for approval within ninety calendar days from the award start date (unless claiming the 10 percent de minimis indirect cost rate, discussed below). See 2 C.F.R. part 200 Apps. III, IV, V, VI, VII for guidance. The allocation plan and the rate proposal shall be submitted to EDA’s Office of Regional Affairs (or the applicable cognizant federal agency). The applicant should include a statement in its Strategy Development Budget Narrative that it does not have a current or pending NICRA and will submit an allocation plan and rate proposal to EDA or the applicant’s cognizant federal agency for approval.

In accordance with 2 CFR § 200.414(f), an applicant that does not have a current negotiated or provisional NICRA, may elect to charge a de minimis rate of 10 percent of modified total direct costs (subject to the exceptions of § 200.414(f)). No documentation is required to justify the 10 percent de minimis indirect cost rate; however, an applicant electing to charge a de minimis rate of 10 percent must include a statement in its Budget Narrative that it does not have a current negotiated (including provisional) rate and is electing to charge the de minimis rate.

If the applicant is a state or local unit of government that receives less than $35 million in direct federal funding per year it may submit any of the following:
• a NICRA;
• a Certificate of Indirect Costs from the Department of the Interior (DOI) or EDA (See:
https://www.eda.gov/sites/default/files/filebase/archives/2021/files/tools/granteeforms/Certificate-of-Indirect-Costs-template.pdf); • an acknowledgment received from EDA and a Certificate of Indirect Costs in the form prescribed at 2 C.F.R. pt. 200, app. VII; or
• a Cost Allocation Plan approved by a federal agency (note that cost allocation plans or indirect cost rates approved by state agencies are not acceptable). f. Unique Entity Identifier (UEI) and System for Award Management (SAM) Applicants are required to: (i) be registered in SAM; (ii) provide a valid unique entity identifier (UEI) in the application; (iii) make certain certifications (see also section H.5 of this NOFO); and (iv) continue to maintain an active SAM registration with current information at all times during which they have an active federal award, or an application or plan under consideration by a federal awarding agency. EDA may not make a federal award to an applicant until the applicant has complied with all applicable UEI and SAM requirements and, if an applicant has not fully complied with the requirements by the time EDA is ready to make an award, EDA may determine that the applicant is not qualified. Recipients will be 1403

subject to reporting requirements, as identified in OMB guidance published at 2 C.F.R. parts 25 and 170.

All subawardees must have a UEI before any subawards are made.

3. Submission Dates and Times
This is a two-phase competition. The deadline for Phase 1 Applications is 11:59 p.m. Eastern Time on October 5, 2023. Applications received after this deadline will not be reviewed or considered. Only those whose Recompete Plans are approved in Phase 1 will be permitted to apply to Phase 2. It is anticipated that the Notice of Funding Opportunity for Phase 2 will be made available in winter 2023.

EDA may amend, cancel, or withdraw the Recompete Pilot Phase 1 NOFO at any time.

4. Intergovernmental Review
Applications for Strategy Development Grants submitted under this Recompete Pilot Phase 1 NOFO are subject to the requirements of Executive Order (EO) 12372, “Intergovernmental Review of Federal Programs,” if a State has adopted a process under EO 12372 to review and coordinate proposed Federal financial assistance and direct Federal development (commonly referred to as the “single point of contact review process”). All applicants must give States and local governments a reasonable opportunity to review and comment on the proposed Project, including review and comment from areawide planning organizations in metropolitan areas. To find out more about a State’s process under EO 12372, applicants may contact their State’s Single Point of Contact (SPOC). Names and addresses of some States’ SPOCs are listed on OMB’s website at https://www.whitehouse.gov/wpcontent/uploads/2020/04/SPOC-4-13-20.pdf.

Based on the applicant’s State, EDA requires the following documentation:

State does not
participate No documentation required—check SF-424 box 19(c).

State participates; this
grant program not
subject to review
Documentation (e.g., a State executive order, a letter from the SPOC) showing that this grant program is not subject to review— provide the documentation as an attachment to the application and check SF-424 box 19(b).

State participates; this
grant program subject
to review
Documentation (e.g., a letter from the SPOC) with comments or indicating that this project was not selected for review, or, if the comment period has expired or comments were not received, a copy of the applicant’s request for comments (e.g., email)— provide the documentation as an attachment to the application and check SF-424 box 19(a).

5. Funding Restrictions
EDA may reimburse pre-award project costs under this NOFO but only with advance approval by the Grants Officer. Under no circumstances will EDA or DOC be held responsible for application preparation expenditures, which are distinguished from pre-award project costs.

It is DOC policy that funds may not be used to pay for management fees in excess of costs or profits, unless statutorily authorized. Additionally, the use of project funds to make equity or hybrid investments in businesses is not an allowable cost.
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Funds may not be used, directly or indirectly, as an offset for other funds, to support or oppose collective bargaining.

6. Other Submission Requirements
After EDA reviews an application, EDA may contact the applicant to request additional documentation to clarify or substantiate submitted application materials, depending on the type of project proposed.

Examples of additional documentation may include, but are not limited to, title verification, documentation of the value of in-kind contributions, evidence all funding is available and committed to the project, proof of eligibility (e.g., organizational documentation such as articles of incorporation, bylaws, and a current certificate of good standing), or documentation required for environmental or legal compliance. This additional documentation will be required to ensure that the proposed project complies with all applicable rules and regulations prior to EDA’s issuance of an award. EDA will provide applicants a reasonable amount of time to provide any additional documentation. Failure to provide complete and accurate supporting documentation in a timely manner when requested by EDA may result in the denial of an application.

7. EDGE Systems Issues
If you experience a systems issue with EDGE (i.e., a technical problem or glitch with the platform) that you believe threatens your ability to complete a submission, please (i) print any error message received; (ii) email the help desk at [email protected]; and (iii) contact EDA using the contact information in section G. of this Phase 1 NOFO. Please be sure to track your issue using a case number given to you by the help desk. Please note that problems with an applicant’s computer system or equipment are not considered systems issues. Similarly, an applicant’s failure to, e.g., (i) complete the required registration, (ii) ensure that a registered Authorized Representative submits the application, or (iii) notice receipt of an email message from EDGE are not considered systems issues. An EDGE issue is an issue occurring in connection with the operations of the website itself, such as the temporary loss of service due to unexpected volume of traffic or failure of information technology systems, both of which are highly unlikely. In the event of a confirmed systems issue, EDA reserves the right to accept an application in an alternate format.

Applicants should go to sfgrants.eda.gov and click on the Resources page for assistance in navigating EDGE and for a list of useful resources.

E. Application Review Information
Throughout the review and selection process, EDA reserves the right to seek clarification in writing from applicants whose application packages are being reviewed. EDA may additionally ask applicants to clarify application materials, objectives, and work plans, or modify budgets or other specifics necessary to comply with Federal requirements. EDA may also use statistical methods to normalize the scoring. EDA will screen submitted materials to verify that all required forms are complete, and all required documentation is included. Applications that do not contain all elements listed in section D.2 will not be reviewed, with limited exceptions where non-substantive missing information or forms can be supplied after original submission.

As discussed further in the sections below, Strategy Development Grants and Recompete Plan Approvals each have their own review, evaluation, and selection processes. 1405

1. Criteria, Review, and Selection Process
a. Strategy Development Grants Review
All complete applications for Strategy Development Grants will undergo a two-step review. First, they will be reviewed by at least three individuals and scored against the below criteria. Fifteen points can be earned for each competitive factor listed below, with 60 points the maximum total that can be earned. (1) The extent to which the applicant demonstrates an understanding of the conditions that led to high prime-age employment gaps in the region and has a preliminary idea of the assets and potential interventions that could address the challenges (15 points); (2) The proposed activities' potential to prepare the region to identify and implement placebased interventions to increase prime-age employment opportunities, including among underserved workers (15 points);
(3) The eligible entity’s organizational and leadership capacity, including its capacity to engage necessary local partners inclusively and equitably and garner private-sector, public-sector, and philanthropic commitments (15 points); and
(4) The extent to which the project budget is efficient and appropriate to the activities to be undertaken (15 points).

EDA will sort the resultant scores into tiers of similarly scored applications, and top tiers will advance to a second level review by an investment review committee (IRC) of at least three reviewers who did not participate in the initial scoring. The IRC will review the awards collectively using the same criteria listed above as well as relevant selection criteria. Based on this group evaluation, the IRC will recommend to the Grants Officer which applications to fund and how to apply the selection factors discussed in section E.2. below.
b. Recompete Plan Approval Review
All Recompete Plans will undergo a two-step review. First, they will be evaluated by at least three reviewers and scored against the below criteria. Points can be earned for each competitive factor listed below, with 72 points the maximum total that can be earned:
(1) Understanding of regional conditions and needs (15 points); (2) Strength of strategy and quality of potential investments (15 points); (3) Equity, inclusivity, accessibility, and diversity (15 points); (4) Regional assets (9 points);
(5) Targeted geographic approach (9 points); and
(6) Partnerships and potential commitments (9 points).

EDA will sort the resultant scores into tiers of similarly scored applications, and top tiers will advance to a second level review by an IRC of at least three reviewers who did not participate in the initial scoring.

The IRC will review the applications collectively using the same criteria listed above and relevant selection criteria. Based on this group evaluation, the IRC will recommend a list for the Grants Officer of recommended Recompete Plan approvals and how to apply the selection factors discussed in section E.2. below.
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Only applicants with approved Recompete Plans will be permitted to apply for Implementation funding under the forthcoming Recompete Pilot NOFO 2. EDA’s final decision on whether to fund a project is dependent upon the ability of the applicant to provide sufficient documentation of the project’s compliance with applicable rules and regulations.
c. Due Diligence
If an application is recommended for funding and/or approval of a Recompete Plan, the applicant still may have to complete certain due diligence requirements and submit additional documents and information to allow EDA to fully evaluate compliance with applicable rules and regulations, including organizational documentation such as articles of incorporation, bylaws, and a current certificate of good standing. If the applicant provides the requested information and supporting documentation in a timely fashion and EDA determines the project is fully compliant with applicable rules and regulations, the application will be forwarded to the Grants Officer for a final decision. Applicants that do not provide the additional information and supporting documentation in a timely fashion or who are deemed not to be in compliance with applicable rules and regulations will receive notification their application was not successful.
d. Security, Resilience, and Cybersecurity
It is the policy of the United States to strengthen the security and resilience of its critical infrastructure against all hazards, including physical and cyber risks, consistent with Presidential Policy Directive 21 - Critical Infrastructure Security and Resilience 9 and the National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems. 10 Each applicant selected for Federal funding under this notice must demonstrate, prior to the signing of the grant agreement, effort to consider and address physical and cyber security risks relevant to the type and scale of the project. Projects that have not appropriately considered and addressed physical and cyber security and resilience in their planning, design, and project oversight, as determined by the Department and the Department of Homeland Security, will be required to do so before receiving funds.

Regarding Cybersecurity, applicants must describe measures taken to ensure that practices are consistent with current industry best practices for cybersecurity, such as the NIST Cybersecurity Framework 11 and Cybersecurity and Infrastructure Security Agency (CISA) Cybersecurity Performance Goals (CPGs). 12 These performance goals provide a baseline set of cybersecurity practices broadly applicable across critical infrastructure with known risk-reduction value, a benchmark for critical infrastructure operators to measure and improve their cybersecurity maturity, and a combination of recommended practices for IT and OT owners, including a prioritized set of security practices. 9 Presidential Policy Directive/PPD-21, Critical Infrastructure Security and Resilience (Feb. 12, 2013). 10 National Security Memorandum on Improving Cybersecurity for Critical Infrastructure Control Systems (Jul. 28, 2021).
11 National Institute of Standards and Technology, Framework for Improving Critical Infrastructure Cybersecurity Version 1.1 (Apr. 16, 2018). 12 Cybersecurity & Infrastructure Security Agency, Cross-Sector Cybersecurity Performance Goals, https://www.cisa.gov/cross-sector-cybersecurity-performance-goals. 1407

2. Grants Officer’s Decision
Strategy Development Grant applications recommended for funding and Recompete Plans recommended for approval that are also deemed fully compliant with applicable rules and regulations will be forwarded for final selection review and approval by the Grants Officer. The Grants Officer will select a portfolio of Strategy Development Grants to fund and Recompete Plans to approve based on the recommendations of the respective IRCs and the selection factors listed below. The final portfolio may differ from the recommendations of the respective IRCs to ensure the selection factors below are adequately met:
i. The extent to which the application meets the overall objectives of section 29 of StevensonWydler (15 U.S.C. § 3722b); ii. The applicant’s performance under previous Federal financial assistance awards, including whether the grantee submitted required performance reports and data; iii. The availability of program funding;
iv. The extent to which the application includes a feasible plan that accounts for the specific needs of historically underserved areas and populations with a high likelihood that those populations will realize an equitable share of the project’s benefits; v. The extent to which the project is located in a geography that has experienced persistent economic distress; and
vi. To achieve balance in the portfolio geographically and across community types, underserved populations, industry focuses, and proposed interventions for areas experiencing different root causes to high unemployment and/or low labor force participation.

The Grants Officer will prepare a final list of recommendations for funding and approved Recompete Plans and document the rationale for his or her selections.

3. Review of Responsibility/Qualification Information in SAM.gov EDA, prior to making a Federal award with a total amount of Federal Share greater than the simplified acquisition threshold, is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (formerly FAPIIS). See 41 U.S.C. § 2313.

Each applicant, at its option, may review information in the designated integrity and performance system accessible through SAM and comment on any information about itself that a Federal awarding agency previously entered and is currently in the designated integrity and performance system accessible through SAM. EDA will consider any comments by the applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the applicant's integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants as described in 2 C.F.R. § 200.206. 1408

F. Federal Award Administration Information

1. Federal Award Notice
If an applicant successfully and timely completes all due diligence requirements and the application is selected for funding, EDA will notify the successful applicant in writing. This notice is not an authorization to begin work, however; work should not be undertaken until the award is signed by EDA and the applicant’s authorized representative, as discussed below.

The EDA Grants Officer will issue the award (Notice of Award), which is the authorizing financial assistance award document and includes Specific Award Conditions and the DOC Financial Assistance Standard Terms and Conditions (DOC ST&Cs), as described in section F.2.b., below.

By accepting the Notice of Award, the applicant agrees to comply with all award provisions. EDA will provide the Notice of Award to the applicant’s authorized representative through EDGE. The applicant’s authorized representative must review and accept the Notice of Award without modification within 30 calendar days of the date of receipt.

If an applicant is awarded funding, neither DOC nor EDA is under any obligation to provide any additional future funding in connection with that award or to make any future award(s). Amendment or renewal of an award to increase funding or to extend the period of performance is at the discretion of DOC and EDA.

EDA will notify unsuccessful applicants in writing to the applicant’s authorized representative. EDA will retain unsuccessful applications in accordance with EDA’s record retention schedule.

2. Administrative and National Policy Requirements
a. Uniform Administrative Requirements, Cost Principles, and Audit Requirements Recipients of an EDA award will be bound by the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance) as set forth in 2 C.F.R. part 200. b. DOC Financial Assistance Standard Terms and Conditions Recipients of all non-construction EDA awards will be bound by the DOC ST&Cs applicable on the date of the award. The DOC ST&Cs may be accessed at the following website:
http://www.osec.doc.gov/oam/grants_management/policy/default.htm.

Recipients of an EDA construction award will be bound by EDA’s Construction ST&Cs. The Construction ST&Cs may be accessed at https://www.eda.gov/grant-resources/find-grant-resources/granteeguidance/construction-awards under the header “Standard Terms and Conditions for RLF and Construction Projects.”
Recipients of DOC financial assistance are obligated to comply with Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color or national origin, and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination against people with disabilities, in Federally assisted programs or activities.
c. DOC Pre- Award Notification Requirements
DOC will apply the Pre-Award Notification Requirements for Grants and Cooperative Agreements effective December 26, 2014, 79 Fed. Reg. 78,390. The Pre-Award Notice may be accessed at the 1409

Government Printing Office (GPO) website at https://www.govinfo.gov/content/pkg/FR-2014-12- 30/pdf/2014-30297.pdf.

3. Reporting
a. Report Frequency and Format
All recipients are required to submit financial, performance, and impact reports in accordance with the terms and conditions of the grant award, generally no less than semi-annually. All project progress and financial reports must be submitted to the applicable EDA program officer in an electronic format to be determined at the time of award.
b. Federal Funding Accountability and Transparency Act of 2006 The Federal Funding Accountability and Transparency Act of 2006 includes a requirement for awardees of applicable Federal grants to report information about first-tier subawards and executive compensation under Federal assistance awards issued in FY 2011 or later. All awardees of applicable grants and cooperative agreements are required to report to the Federal Subaward Reporting System (FSRS) available at www.FSRS.gov on all subawards over $30,000. See 2 C.F.R. part 170. c. Performance Reporting and Evaluation
EDA will require additional data on activities, outputs, and outcomes of the funded investment, in part to fulfill the requirements of the Government Performance and Results Act (GPRA). EDA anticipates that recipients will be expected to track their engagement activities within the scope of work, with project beneficiaries, and other project stakeholders. EDA further anticipates recipients will be expected to collect data, using surveys of beneficiaries or clients if necessary, on the outputs and outcomes of project activities, such as jobs created/retained, private investment attracted, the number of strategic plans or economic development tools developed, the number of new business partnerships formed, or the range of new capabilities acquired. EDA plans to collect this information using Forms ED-915 (Public Works, Economic Adjustment Infrastructure and Revolving Loan Fund Investments), ED-916 (Semiannual Program Outputs Questionnaire for EDA grantees), ED-917 (Annual Capacity Outcomes Questionnaire for EDA Grantees serving clients), and ED-918 (Annual Capacity Outcomes Questionnaire for EDA Grantees). For more information, please refer to https://www.eda.gov/performance/gpra. EDA may also engage with external entities to perform third-party program evaluations, which will require cooperation between the grantee, organizations within their service area, and the evaluating institution(s).
d. Requirements for Recipients with More than $10 Million in Federal-Wide Funding As required by appendix XII to 2 C.F.R. part 200, a recipient with more than $10 million in federal-wide funding must maintain the currency of information reported to SAM that is made available in the designated integrity and performance system (formerly FAPIIS) about civil criminal, or administrative proceedings.

G. Federal Awarding Agency Contact
For questions concerning this Recompete Pilot Phase 1 NOFO, or more information about EDA programs, you may contact [email protected]. EDA’s website at http://www.eda.gov provides additional information on EDA and its programs.
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H. Other Information

1. Right to Use Information
The applicant acknowledges and understands that information and data contained in applications for financial assistance, as well as information and data contained in financial, performance and other reports submitted by applicants, may be used by the Department of Commerce in conducting reviews and evaluations of its financial assistance programs. For this purpose, applicant information and data may be accessed, reviewed, and evaluated by Department of Commerce employees, other Federal employees, and also by Federal agents and contractors, and/or by non-Federal personnel, all of whom enter into appropriate conflict of interest and confidentiality agreements covering the use of such information. As may be provided in the terms and conditions of a specific financial assistance award, applicants are expected to support program reviews and evaluations by submitting required financial and performance information and data in an accurate and timely manner, and by cooperating with Department of Commerce and external program evaluators. In accordance with 2 C.F.R. § 200.303(e), applicants are reminded that they must take reasonable measures to safeguard protected personally identifiable information and other confidential or sensitive personal or business information created or obtained in connection with a Department of Commerce financial assistance award.

2. Freedom of Information Act Disclosure
EDA may publish any applications it receives, including any supporting documentation, on its website or through other means.

In addition, Department of Commerce regulations implementing the Freedom of Information Act (FOIA), 5 U.S.C. § 552, are found at 15 C.F.R. part 4, Public Information. These regulations set forth rules for the Department regarding making requested materials, information, and records publicly available under the FOIA. Applications submitted in response to this Notice of Funding Opportunity may be subject to requests for release under the Act. In the event that an application contains information or data that the applicant deems to be confidential commercial information that should be exempt from disclosure under FOIA, that information should be identified, bracketed, and marked as Privileged, Confidential, Commercial or Financial Information. In accordance with 15 C.F.R. § 4.9, the Department of Commerce will protect from disclosure confidential business information contained in financial assistance applications and other documentation provided by applicants to the extent permitted by law.

3. Notice of Government-Wide Procurement Restriction
The general rule for Federal financial assistance is that contractors that develop draft specifications, requirements, statements of work, invitations for bids or requests for proposals are prohibited from competing for the final procurement. For instance, a professional engineer or architect who prepared the Preliminary Engineering Report for an EDA application would be excluded from bidding on the same work under the award under 2 C.F.R § 200.319. Under 2 C.F.R. 200.317, only State recipients are expressly exempt from this prohibition. Local governments and Indian Tribes may also take advantage of the exemption in two narrow circumstances: (i) if they are required (by statute, for example) to follow the State’s procurement rules in full and without exception; or (ii) if they are required to follow a specific State procurement rule that creates an explicit conflict with the prohibition in 2 C.F.R. § 200.319(a) (i.e., there is a statute that requires or permits the local government or Indian Tribe to award the final procurement to the same contractor that developed the draft specifications). Absent one of these two scenarios, the local government or Indian Tribe must comply with the prohibition. Applicants 1411

are encouraged to contact EDA using the contact information in section G. of this Phase 1 NOFO with any questions regarding application of this regulation.

4. Past Performance and Non-Compliance with Award Provisions Unsatisfactory performance under prior Federal awards may result in an application not being considered for funding. Failure to comply with any or all of the provisions of an award may have a negative impact on future funding by the DOC (or any of its operating units) may be considered grounds for any or all of the following actions: (1) establishing an account receivable; (2) withholding payments to the recipient under any DOC award(s); (3) changing the method of payment from advance to reimbursement only; (4) imposing other specific award conditions; (5) suspending any active DOC award(s); and (6) terminating any active DOC award(s).

5. Certifications Required by Annual Appropriations Acts for Corporations and for Awards over $5 Million
As discussed in section D.2.d, all applicants are required to be registered in SAM before applying under this NOFO. SAM requires registering entities to certify compliance with all limitations imposed by annual appropriation acts. For corporations, this certification includes that the corporation:
(a) Was not convicted of a felony criminal violation under a Federal law within the preceding 24 months, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; and/or
(b) Does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, unless a Federal agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

For financial assistance awards in excess of $5 million, this certification includes that the entity:
(a) To the best of its knowledge and belief, has filed all Federal tax returns required during the three years preceding the certification;
(b) Has not been convicted of a criminal offense under the Internal Revenue Code of 1986; and/or
(c) Has not been notified, more than 90 days prior to certification, of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial process.

6. EDA’s Non-Relocation Policy
If an application is selected for award, the recipient will be required to adhere to a specific award condition relating to EDA’s non-relocation policy as follows:
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In signing this award of financial assistance, Recipient(s) attests that EDA funding is not intended by the Recipient to assist its efforts to induce the relocation of existing jobs within the U.S. that are located outside of its jurisdiction to within its jurisdiction in competition with other U.S. jurisdictions for those same jobs. In the event that EDA determines that its assistance was used for those purposes, EDA retains the right to pursue appropriate enforcement action in accord with the Standard Terms and Conditions of the Award, including suspension of disbursements and termination of the award for convenience or material noncompliance, which may include the establishment of a debt requiring the Recipient to reimburse EDA.

For purposes of ensuring that EDA assistance will not be used to merely transfer jobs from one location in the United States to another, each applicant must inform EDA of all employers that constitute primary beneficiaries of the project assisted by EDA. EDA will consider an employer to be a “primary beneficiary” if: (i) the employer is specifically named in the application as benefitting from the project, and the applicant estimates that the employer will create or save 100 or more permanent jobs as a result of the investment assistance (if the jobs in question were originally located in a smaller community, EDA may extend this policy to the relocation of 50 or more jobs); or (ii) the employer is or will be located in an EDA-assisted building, port, facility, or industrial, commercial, or business park constructed or improved in whole or in part with investment assistance prior to EDA’s final disbursement of funds.

7. NOFO Changes Communicated on Grants.gov
EDA may make changes or additions to this NOFO. All changes will be communicated on Grants.gov. It is recommended that applicants set up a Grants.gov account and subscribe to this funding opportunity in order to be notified of any updates or changes. DOC or EDA may cancel, modify, or withdraw this NOFO at any time. EDA is not obligated to make any federal award or commitment as a result of this announcement.

8. Disclosure of Information
For the purpose of achieving rigorous program evaluations, all applications (including those not selected for funding) may be shared with EDA staff, outside parties contracted by EDA for the purposes of evaluation, and other federal agencies.

9. Audit Requirements
Single or program-specific audits shall be performed in accordance with the requirements contained in the Uniform Guidance (see 2 C.F.R. part 200, Subpart F, “Audit Requirements”).

The Uniform Guidance requires any non-Federal entity (i.e., non-profit organizations, including nonprofit institutions of higher education and hospitals, States, local governments, and Indian Tribes) that expends Federal awards of $750,000 or more in the recipient’s fiscal year to conduct a single or program-specific audit in accordance with the requirements set out in the OMB Uniform Guidance.

Applicants are reminded that EDA or the DOC’s Office of Inspector General also may conduct an audit of an award at any time.

10. Fraud Awareness Training
Consistent with 2 CFR part 200, in signing a financial assistance award, Recipient personnel responsible for managing the Recipient’s finances and overseeing any contractors, sub-contractors or sub-grantees, will be required to complete the training PowerPoint entitled “Compliance with EDA Program 1413

Requirements” and return the signed Certificate of Training Completion to EDA as instructed by the Agency. Further, Recipient will be required to monitor award activities for common fraud schemes and report suspicious activity to EDA and the Office of Inspector General.

11. Office of Inspector General Rights and Responsibilities The DOC Office of Inspector General (OIG) seeks to improve the efficiency and effectiveness of the Department’s programs, including deterring and detecting fraud, waste, abuse and mismanagement.

The OIG accomplishes this mission primarily through investigations, audits, and inspections of Department activities, including grants, cooperative agreements, loans, and contracts. a. Disclosures
Recipients of financial assistance originating from the U.S. Department of Commerce, including EDA, shall timely disclose, in writing, to the OIG and awarding agency, whenever, in connection with the award, performance, or closeout of this grant or subaward thereunder, the recipient has credible evidence that a principal, employee, agent, or sub-recipient has committed:
(i) A violation of federal criminal law involving fraud, conflict of interest, bribery, or gratuity violations found in Title 18 of the United States Code; or (ii) A violation of the civil False Claims Act (31 U.S.C. §§ 3729-3733). b. Reporting
The OIG maintains a hotline to receive allegations of fraud, waste, or abuse. To report such allegations, please visit https://www.oig.doc.gov/Pages/Hotline.aspx. Upon request, the OIG will take appropriate measures to protect the identity of any individual who reports misconduct, as authorized by the Inspector General Act of 1978, as amended. Reports to the OIG may also be made anonymously. c. Whistleblower Protection
Recipients, sub-recipients, and employees working on this grant award will be subject to the whistleblower rights and remedies established under 41 U.S.C. § 4712.

An employee of a recipient or sub-recipient may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing information that the employee reasonably believes is evidence of: gross mismanagement of a federal contract or award; a gross waste of federal funds; an abuse of authority (i.e., an arbitrary and capricious exercise of authority that is inconsistent with the mission of EDA or the U.S. Department of Commerce or the successful performance of a contract or grant awarded by EDA or the Department) relating to a federal contract or award; a substantial and specific danger to public health or safety; or a violation of a law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.

The recipient or sub-recipient shall inform its employees and contractors, in writing, in the predominant language of the workforce or organization, of employee whistleblower rights and protections under 41 U.S.C. § 4712, as described above and at https://www.oig.doc.gov/Pages/Whistleblower-ProtectionProgram.aspx. 1414
Combined Agency/City Council Minutes Page 1 of 5 September 18, 2023

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: September 18, 2023
LOCATION: Marina Center, Conference Room, 540 Marina Blvd, Pittsburg, CA 94565

CITY COUNCIL/AGENCY MEMBERS
Shanelle Scales-Preston, Mayor/Chair
Juan Antonio Banales, Vice-Mayor/Chair
Jelani Killings, Council/Agency Member
Dionne Adams, Council/Agency Member
Angelica Lopez, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
Mayor Scales-Preston called the regular meeting to order at 7:21 P.M. in the Marina Center, Conference Room, 540 Marina Blvd, Pittsburg, CA. after convening at 5:42 P.M. in Closed Session for the following items:

1. CONFERENCE WITH LEGAL COUNSEL FOR SUCCESSOR AGENCY —

ANTICIPATED LITIGATION
Initiation of litigation pursuant to Section 54956.9(d)(4) Number of cases: one

2. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Section 54957.6 City designated representatives: Jennifer Brizel, Director of Human Resources Unrepresented employee: City Manager
Mayor Scales-Preston stated that the City Council gave direction to staff.

ROLL CALL
Member Lopez was absent and excused.

PLEDGE OF ALLEGIANCE
Chief Addington led the Pledge of Allegiance.

PROCLAMATIONS

3. National Hispanic Heritage Month
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Combined Agency/City Council Minutes Page 2 of 5 September 18, 2023

CITY MANAGER REPORTS/REMARKS
City Manager Evans stated that the City had been awarded a two (2) million-dollar Forestry Grant. He also thanked ACCE representatives for attending and provided information on what the City of Pittsburg is doing and has done to help with their efforts.

Assistant City Manager Aliotti gave an update on upcoming City events and noted that the City Council Chamber updates are still underway, and meetings will continue to take place at the Marina Center, 340 Marina Blvd, Pittsburg, CA.

PUBLIC COMMENTS
Comments on rent stabilization, tenant rights and deplorable living conditions were received from:

Norma Heid
Nicole Arrington
Devin Williams
Kamilah Miller
Malcom Miller
Latina Simpkins
Patricia Aguiar
Christian Copeland
Gavin Payton, Pittsburg, spoke in support of ACCE. He also extended an invitation to the City Council and the community for a youth NAACP banquet taking place on November 4, 2023. Proceeds from this event will go towards a youth scholarship.

Siu Ling, Pittsburg, spoke about concerns regarding illegal activity taking place at the Marina parking lot.

Mayor Scales-Preston acknowledged those who spoke regarding their housing concerns and asked staff to check in on Woods Grove and Kirker Creek apartments. She also asked Chief Addington to follow up with speaker Siu Ling regarding her concerns.

City Manager Evans stated he would have staff follow up on the concerns brought before the City Council.

COMMITTEE REPORTS
Vice Mayor Banales attended the Finance committee meeting.

Member Killings attended the Public Safety and Economic Development committee meetings.

Member Adams attended the Infrastructure and Transportation committee meeting.

PUBLIC HEARING

4. Adoption of a City Council Resolution Approving the 2022-2023 Community 1416
Combined Agency/City Council Minutes Page 3 of 5 September 18, 2023 Development Block Grant Consolidated Annual Performance and Evaluation Report On Motion by Member Killings, seconded by Member Adams and adopted by the following vote:

AYES: Adams, Banales, Killings, Scales-Preston
ABSENT: Lopez

5. Adoption of a City Council Resolution Authorizing Use of the Bond Opportunities for Land Development (“BOLD”) Program and Authorizing the California Municipal Finance Authority to Accept Applications from Property Owners, Conduct Proceedings and Levy Special Taxes Within the Territory of City of Pittsburg Pursuant to the Mello-Roos Community Facilities Act of 1982, as Amended; and Authorizing Related Actions City Manager Evans stated this item would be pulled from the agenda and brought back at a later date.

6. Introduction and Waive First Reading of Two Ordinances for the Objective Design Standards 2023 Project: 1) Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) Amending the Zoning Map for Certain Multi-family Housing and Mixed-use Development Projects to Further Housing Production Consistent with State Law City Manager Evans stated this item would be pulled from the agenda and continued to the October 02, 2023, meeting.

CONSIDERATION

7. Adoption of a City Council Resolution of Intent to Establish an Enhanced Infrastructure Financing District and Public Financing Authority.

Vice Mayor Banales recused himself from this item as his employer owns parcels in the areas eligible for proposed Districts. Vice Mayor Banales left the dais at this time.

On Motion by Member Killings, seconded by Member Adams and adopted by the following vote:

AYES: Adams, Killings, Scales-Preston
ABSENT: Banales [Recused], Lopez

8. Adoption of a Minute Order to Approve City Goals and Priorities for Fiscal Year 2023-24 On Motion by Member Killings, seconded by Member Banales and adopted by the following vote:

AYES: Adams, Banales, Killings, Scales-Preston
ABSENT: Lopez

CONFLICT OF INTEREST STATEMENT
There were no conflict of interest statements.
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Combined Agency/City Council Minutes Page 4 of 5 September 18, 2023

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR
Adrian Badger, Pittsburg, expressed concerns with the name selection for the signage that is being proposed as part of the Reviving the Heart of Pittsburg project (Item 12).

On Motion by Member Adams, seconded by Member Killings and adopted by the following vote:

AYES: Adams, Banales, Killings, Scales-Preston
ABSENT: Lopez

9. Minutes of August 21, 2023

10. Adoption of a City Council Resolution Approving a Lease Agreement Between the City of Pittsburg and the Bay Harbor Park Homeowners Association.

11. Adoption of a City Council Resolution Accepting Project 3123—Oak Hills Park Restroom as Complete and Authorize the City Engineer to File a Notice of Completion.

12. Adoption of a City Council Resolution Accepting the Plans and Specifications and Awarding Project 3019—Reviving the Heart of Pittsburg Pride.

13. Adoption of a City Council Resolution Accepting FEMA Hazard Mitigation Grant Funds for Project 8336, Americana Park Bypass Channel.

14. Adoption of a City Council Resolution Accepting Proposition 68 Per Capita Grant Fund and Urban Counties Grant for Project 3040-Buchanan Park Pond Loop Replacement.

15. Adoption of a City Council Resolution Accepting a Federal Earmark and Authorizing Matching Funds for Design and Construction of the Pittsburg Center Smart Pilot Project.

16. Adoption of a City Council Resolution Authorizing Execution of the Contract for Investment Advisory Services to Chandler Asset Management.

17. Adoption of a City Council Resolution Authorizing the City Manager to Execute an Agreement Between the City of Pittsburg and Peregrine Technologies.

18. Adoption of a City Council Resolution Authorizing the Execution of an Agreement between the City of Pittsburg and the Contra Costa County Office of the Sheriff Forensic Services Division.

19. Adoption of a City Council Resolution Approving the Contract Amendment for Public Safety Family Counseling Group, Inc. formerly dba Psychological Services Group.

20. Adoption of Two Ordinances Amending Title 18 of the Pittsburg Municipal Code Related to Accessory Dwelling Units and Amending Title 18 Miscellaneous Text Amendments.

21. Adoption of a Pittsburg Power Company Resolution Approving the 2022 Annual Power Source Disclosure Report to the California Energy Commission. 1418
Combined Agency/City Council Minutes Page 5 of 5 September 18, 2023

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.

COUNCIL MEMBER REMARKS
Mayor Scales-Preston reported on events she attended over the weekend which included Seafood Festival, Day on the Green Car Show, and an NAACP Banquet. She also mentioned that the 50+ Club is having an art competition and encouraged everyone to participate.

ADJOURNMENT
The meeting was adjourned at 9:15 P.M. to October 02, 2023.

Respectfully submitted,
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Accepting Project 3115, Stoneman Avenue Safety Improvements as Complete and Authorizing the City Engineer to File a Notice of Completion
MEETING DATE: October 2, 2023

EXECUTIVE SUMMARY
Project 3115, Stoneman Avenue Safety Improvements (Project) constructed HAWK (High Intensity Activated Crosswalk) beacons at three intersections, added an additional two radar speed feedback signs along Stoneman Avenue, and performed other striping and signage safety improvements. This resolution will accept the construction contract as complete and authorize the City Engineer to file a Notice of Completion.

FISCAL IMPACT
The Project was funded with $880,000 from Highway Safety Improvement Program (HSIP) grant, and $300,000 from Road Maintenance and Rehabilitation Account Gas Tax Fund (RMRA) for a total project budget of $1,180,000. The Project was completed within the approved budget with an estimated remaining balance of $70,993, to be returned to the source of funding.

RECOMMENDATION
City Council adopt the attached resolution accepting the Project as complete and authorize the City Engineer to execute a Notice of Completion. Staff recommends all unspent funds be returned to the source of funding.

BACKGROUND
On February 5, 2018, the City Council adopted Resolution No. 18-13428 accepting a HSIP Grant in the amount of $880,000 and established a project budget for design and construction of the Project.
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On May 18, 2020, the City Council adopted Resolution No. 20-13782 approving a list of projects to be funded by Senate Bill One (SB1), the RMRA of 2017 for Fiscal Year 2020/21.

This Project was included on that list.

On December 21, 2020, the City Council adopted Resolution No. 20-13859, approving Addendum One to the Five Year Capital Improvement Program for Fiscal Year 2019/20 through 2023/24 allocating funds for several capital projects including $300,000 from RMRA, for a total project budget of $1,180,000.

On December 16, 2020; bids for construction for the Project were opened. Redgwick Construction Co. was the lowest responsive responsible bidder with a base bid in the amount of $854,508.

On March 9, 2021, the Notice to Proceed was issued to Redgwick Construction Co.

On June 13, 2023, Redgwick Construction Co. reached substantial completion and the oneyear warranty period began.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The Project improved pedestrian safety along Stoneman Avenue between Harbor Street and Loveridge Road. There were three contract change orders for a total amount of $72,349.56 which addressed unforeseen issues and adjustments to final bid item totals.

The Project was completed within the budget approved by the City Council. There was a delay during construction due to supply chain issues as a result of the COVID pandemic which prevented the contractor from obtaining the required controllers for operating the HAWK beacon.

ATTACHMENTS: Budget Summary
Notice of Completion
Resolution
Report Prepared By: Andrew Peters, Assistant Engineer
1421
Resolution No. 23- Page 1 of 1 October 2, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Accepting Project 3115, Stoneman ) RESOLUTION NO. 23-
Avenue Safety Improvements, )
as Complete and Authorizing the City )
Engineer to File a Notice of Completion )

WHEREAS, Project 3115, Stoneman Avenue Safety Improvements (Project) constructed HAWK (High Intensity Activated Crosswalk) beacons at three intersections, added an additional two radar speed feedback signs along Stoneman Avenue, and performed other striping and signage safety improvements; and WHEREAS, on February 5, 2018, the City Council adopted Resolution No. 18- 13428 accepting the Highway Safety Improvement Program Grant (HSIP) in the amount of $880,000 and established a project budget for design and construction of the Project; and WHEREAS, on May 18, 2020, the City Council adopted Resolution No. 20-13782 approving a list of projects to be funded by Senate Bill One (SB1), the Road Maintenance and Rehabilitation Act (RMRA) of 2017 for Fiscal Year (FY) 2020/21. This Project was included on that list; and
WHEREAS, on December 21, 2020, the City Council adopted Resolution No. 20- 13859, approving Addendum One to the Five Year Capital Improvement Program for FY 2019/20 through 2023/24 and allocating funds for several capital projects, including $300,000 from RMRA, for a total project budget of $1,180,000; and WHEREAS, on December 16, 2020, bids for construction were opened. Redgwick Construction Co. was the lowest responsive responsible bidder with a base bid in the amount of $854,508; and
WHEREAS, on March 9, 2021, the Notice to Proceed was issued to Redgwick Construction Co.; and
WHEREAS, on June 13, 2023, Redgwick Construction Co. reached substantial completion and the one-year warranty period began.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby accepts the Project as complete and authorizes the City Engineer to file a Notice of Completion. 1422
Resolution No. 23- Page 1 of 1 October 2, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 2nd day of October 2023 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scale-Preston, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
1423
Project Funding
Highway Safety Improvement Program (HSIP) Grant $880,000 RMRA $300,000
Funding Total $1,180,000
Project Expenditures:

Design: Consultant Design $108,830
(Code 2122)
Subtotal $108,830
Miscellaneous: Advertising $954
(Code 1399) Reproduction
Postage
Subtotal $954
Construction:
(Code 2281) Construction $854,508
Contingency $72,350
PG&E $9,718
Material Testing $6,656
Subtotal $943,231
Staff Time: Design $12,000
(Code 1101) $16,434
Subtotal $28,434
Admin: Staff Design $12,000
(Code 2372) $15,558
Subtotal $27,558
Estimated Total Expenditures $1,109,007
Remaining /Shortfall $70,993
Project Budget Summary
Project 3115, Stoneman Avenue Intersection Improvements Contract 2017-02
Construction
Staff Construction Management
1424
Stoneman Avenue Safety Improvements 2023 Form NOTICE OF COMPLETION Project 3115
Recording Requested By:

The City of Pittsburg
When Recorded Mail To:

Redgwick Construction Co.
21 Hegenberger Court,
Oakland, CA 94621

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE § 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE

NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:

1. The undersigned is the agent of the owner of the Project described below.

2. Owner’s full name is the City of Pittsburg (“City”)

3. City’s address is 65 Civic Ave., Pittsburg, CA 94565

4. The nature of City’s interest in the Project is:
_x_ Fee Ownership __ Lessee __ Other:__________________

5. Construction work on the Project performed on City’s behalf is generally described as follows:

Project 3115 – Stoneman Avenue Safety Improvements which included installation of HAWK beacons at 3 intersections and installation of 2 radar speed feedback signs along Stoneman Avenue.

6. The name of the original Contractor for the Project is: Redgwick Construction Co. located at 21 Hegenberger Court, Oakland, CA 94621

7. The Project was accepted as complete on: October 2, 2023

8. The Project is located at: Stoneman Avenue from Harbor Street to Loveridge Road at existing crosswalks at three intersections on Stoneman Avenue (at Meadowbrook Avenue, Meadowbrook Circle, and Briarcliff Drive).

Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
_John Samuelson__________________
Director of Public Works/City Engineer

EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208
1425

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Accepting the Plans and Specifications and Awarding Project 3333—California Theater Marquee Sign
MEETING DATE: October 2, 2023

EXECUTIVE SUMMARY
Project 3333 California Theater Marquee Sign (Project) is for the removal of the existing marquee sign and installation of a new digital marquee sign at the California Theater. If adopted, this resolution will accept the project plans and specifications and authorize the City Manager to award a construction contract to Square Signs LLC.

FISCAL IMPACT
The proposal from Square Signs LLC is $95,051.75. Funding for construction will be provided by the $400,000 California Natural Resources Agency Grant (Resolution No. 21- 14033) previously allocated to the project.

The Budget Summary is attached to this report.

RECOMMENDATION
City Council adopt the attached resolution to accept the plans and specifications and authorize the City Manager to execute a construction contract for the Project with Square Signs LLC for a total amount of $95,051.75.

Staff recommends that the City Council allocate a construction contingency of $10,000 for any unanticipated costs and contract change orders.

Staff further recommends that the City Engineer be authorized to approve contract change orders in an amount not to exceed 50% of the construction contingency and the City Manager be authorized to approve change orders in an amount not to exceed the approved project budget.
1426

BACKGROUND
On December 20, 2021, the City Council adopted Resolution No. 21-14033 accepting the $400,000 California Natural Resources Agency Grant.

On August 9, 2023, staff advertised the project for proposals.

On August 24, 2023, the City received two proposals. The proposals were evaluated by City staff and Square Signs LLC was the lowest responsive responsible bidder.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The California Theater is a historical building within the City that hosts a variety of entertainment productions. This Project will beautify this frequented building and increase the effectiveness of its production advertisements. The digital sign offers new advantages such as being able to effortlessly change the displayed message, display multiple messages at once, add animations to our displays, display pictures, and the possibility of displaying advertisements on our sign.

City staff was able to contact three of the references that have worked with Square Signs on previous projects. All three of the project owners were impressed with the results, professionalism, and cooperation that Square Signs provided in the communities.

ATTACHMENTS: Budget Summary
Contract
Resolution
Report Prepared By: Gabriel Piña, Associate Engineer
1427
Budget Summary
Project 3333 — California Theater Marquee Sign
Project Funding
California Natural Resources Agency Grant $400,000
Funding Total $400,000
Project Expenditures:

Design:
(Code 2122) Design $0
Subtotal $0
Miscellaneous:
(Code 1399) Advertising $2,000
Subtotal $2,000
Construction: Construction $95,052
(Code 2281) Construction Contingency $10,000
Subtotal $105,052
Staff Time:
(Code 1101) Staff Costs $10,000
Subtotal $10,000
Admin:
(Code 2372) Overhead Costs $10,000
Subtotal $10,000
Estimated Total Expenditures $127,052
1428
Resolution No. 23- Page 1 of 2 October 2, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Adoption of a City Council Resolution )
Accepting the Plans and Specifications )
and Awarding Project 3333 California ) RESOLUTION NO. 23- Theater Marquee Sign )
WHEREAS, Project 3333—California Theater Marquee Sign (the “Project”) will remove the existing marquee sign and install a new digital marquee sign at the California Theater; and
WHEREAS, on December 20, 2021, the City Council adopted Resolution No. 21- 14033 accepting the California Natural Resources Agency Grant allocating $400,000 to the Project; and
WHEREAS, on August 9, 2023, staff advertised the Project for bids; and WHEREAS, on August 24, 2023, Project construction proposals were due and Square Signs LLC were the lowest responsive responsible bidder; and WHEREAS, staff recommends that the City Council accept the plans and specifications; and
WHEREAS, staff recommends that the City Manager be authorized to execute an agreement with Square Signs LLC in an amount not to exceed $95,051.75 for the Project construction; and
WHEREAS, staff further recommends establishing a construction contingency in the amount of $10,000 for unanticipated costs and contract change orders; and WHEREAS, staff recommends that the City Engineer or his designee be authorized to approve contract change orders for a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve change orders for a total amount not to exceed the approved project budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby accepts the plans and specifications, authorizes the City Manager to execute a construction contract with Square Signs LLC, authorizes a construction contingency in the amount of $10,000, authorizes the City Engineer or his designee to approve contract change orders for the Project for a total amount not to exceed 50% of the contingency, and authorizes the City Manager to approve change orders for an amount not to exceed the approved project budget.
1429
Resolution No. 23- Page 2 of 2 October 2, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 2nd day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
1430
California Theater Marquee Sign Project 2022 Form CONTRACT Project 3333 Page 1
Contract
This public works contract (“Contract”) is entered into by and between City of Pittsburg (“City”) and Square Signs LLC. (“Contractor”), for work on the California Theater Marquee Sign Project (“Project”).

The parties agree as follows:

1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On October 2, 2023, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.

2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.

2.1 Notice Inviting Bids;

2.2 Instructions to Bidders;

2.3 Addenda, if any;

2.4 Bid Proposal and attachments thereto;

2.5 Contract;

2.6 Payment and Performance Bonds;

2.7 General Conditions;

2.8 Special Conditions;

2.9 Project Plans and Specifications;

2.10 Change Orders, if any;

2.11 Notice of Potential Award;

2.12 Notice to Proceed; and

2.13 Notice of Completion

3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.

4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $95,051.75 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.

5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 90 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.

6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated 1431
California Theater Marquee Sign Project 2022 Form CONTRACT Project 3333 Page 2
damages in the amount of $2,800 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

7. Labor Code Compliance.

7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.

7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR .

7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.

8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”

9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.

10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.

11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:

City:

Engineering Division
65 Civic Avenue
Pittsburg CA. 94565
Attn: Gabriel Piña, Associate Engineer
[email protected]
1432
California Theater Marquee Sign Project 2022 Form CONTRACT Project 3333 Page 3
Contractor:

Name:_____________________________________
Address:___________________________________
City/State/Zip:_______________________________
Phone:_____________________________________
Attn:_______________________________________
Email:______________________________________
Copy to:____________________________________

12. General Provisions.

12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.

12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.

12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place.

Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.

12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.

12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.

12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.

12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.

12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.

Square Signs LLC dba Front Signs
3520 Valhalla Drive
Burbank, CA 91505
818 290 3269
Gevorg Hambardzumyan
[email protected]
n/a
1433
1434

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing Execution of the First Amendment to the Agreement with Western States Oil for Renewable Diesel
MEETING DATE: October 2, 2023

EXECUTIVE SUMMARY
The City requires diesel fuel for vehicles and equipment to maintain operations and provide service to the public. The existing contract for unleaded fuel and bulk renewable diesel expired on September 30, 2023. If approved, the resolution will authorize a one-year extension to the Agreement with Western States Oil without changes to current contract pricing or terms.

FISCAL IMPACT
Cost for bulk purchases of renewable diesel for Fiscal Year 2023/24 are budgeted at $185,000 for Fleet Maintenance and $320,000 for Marina operations and retail sales, for a total purchase contract of $505,000. There are sufficient funds for this expenditure in the FY 2023/24 operating budgets for Fleet Maintenance and Marina. No additional funds are requested.

RECOMMENDATION
City Council adopt the attached resolution and authorize execution of the First Amendment to the Agreement with Western States Oil for the purchase of renewable diesel fuel for a period of one year.

BACKGROUND
The County of Santa Clara has undertaken competitive bidding process equivalent to or better than the requirements in City’s purchasing policy and awarded a contract to Western States Oil, LLC as its vendor for renewable diesel.
1435
On October 1, 2022, the City entered into an agreement with Western States Oil for the purchase of renewable diesel fuel. Staff executed a “piggyback” purchase agreement with Western States Oil with the terms and pricing established by the County of Santa Clara’s Renewable Diesel in its contract with Western States Oil of San Jose with an agreed upon haul differential for a period of one year.

On September 30, 2023, the current Agreement expired.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The Public Works Department and the Marina require large quantities of fuel, both Renewable Diesel and Renewable Diesel-Red, to maintain operational readiness.

The proposed First Amendment will provide fuel for City vehicles and equipment, stationary equipment at the Water Treatment Plant, and at the Marina for resale to the Marina boating public.

Western States Oil has provided satisfactory service delivering renewable diesel to City facilities for several years.

Staff conducts an annual competitive public bid process to establish the rate for purchasing renewable diesel fuel. However, in order to take advantage of significantly better bulk fuel pricing, staff is using a “piggyback” purchase contract from this vendor with the terms and pricing established by the County of Santa Clara’s Renewable Diesel in its contract with Western States Oil of San Jose.

ATTACHMENTS: First Amendment to Agreement with Western States Oil for Diesel Resolution
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst II 1436

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing Execution of the First ) RESOLUTION NO. 23- Amendment to the Agreement with )
Western States Oil for Renewable Diesel)
WHEREAS, the City requires diesel fuel for vehicles and equipment to maintain operations and provide service to the public; and,
WHEREAS, Santa Clara County conducted a competitive process that identified Western States Oil of San Jose as its vendor for diesel fuel supply and delivery; and WHEREAS, on October 1, 2022, the City executed a “piggyback” purchase agreement for renewable diesel at the same price as the County of Santa Clara for a period of one year; and
WHEREAS, Western States Oil has provided satisfactory service delivering renewable diesel to City facilities over several years; and WHEREAS, the County of Santa Clara and Western States Oil anticipate extending their contract through February 2026; and
WHEREAS, staff seek to extend the duration of the Agreement and continue to “piggyback” on the County of Santa Clara contract by purchasing renewable diesel fuel at the price bid with an agreed upon shipping cost difference; and WHEREAS, on June 19, 2023, the City Council adopted Resolution No. 23-14317, which funded diesel fuel purchases for Fleet Maintenance and Marina as a part of the Fiscal Year 2023/2024 Operating Budget.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the First Amendment to the agreement with Western States Oil.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 2nd day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
1437

FIRST AMENDMENT TO

RENEWABLE DIESEL FUEL AGREEMENT BETWEEN

CITY OF PITTSBURG

AND WESTERN STATES OIL
This First Amendment to the City of Pittsburg Bulk Renewable Diesel for Fiscal Year 2022-2023 Agreement made and entered into on October 1, 2022, hereafter referred to as “Agreement,” between Western States Oil, a California limited liability company, therein referred to as “Western States Oil,” and the City of Pittsburg, a municipal corporation, therein referred to as “City,” is made and entered into on this 30th day of September, 2023.

WHEREAS, the County of Santa Clara in August, 2020, conducted a competitive bidding process meeting or surpassing the requirements of the City of Pittsburg Purchasing Policy, which resulted in a determination that Western States Oil submitted the lowest, responsive, responsible bid; and
WHEREAS, the County of Santa Clara and Western States Oil anticipate extending the duration their contract through February, 2026; and
WHEREAS, City staff seek to extend the duration of the Agreement, and continue to “piggyback” on the County of Santa Clara contract by purchasing renewable diesel fuel at the price bid with an agreed upon shipping cost difference; and WHEREAS, City seeks to add or clarify certain terms of the Contract for purposes of applicability to City.

NOW, THEREFORE, City and Western States agree as follows:

1. Compensation Section 1 Compensation is hereby amended to add the following:

The total compensation from October 1, 2023 through September 30, 2024, shall not exceed $505,000.

2. Term. Article 6 of the Agreement is hereby amended to read as follows:

The work described in the Contract shall begin October 1, 2022, and shall terminate September 30, 2024, unless earlier terminated as provided in the Contract.

IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
1438
CONTRACTOR:

WESTERN STATES OIL, a California limited
liability company
By:

Robin Jackson, Director of Sales
CITY:

CITY OF PITTSBURG, a municipal
corporation of the State of California
By:

Garrett Evans, City Manager
ATTEST:

By:

Alice Evenson, City Clerk
APPROVED AS TO FORM:

By:

Donna Mooney, City Attorney
1439

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a General Services Agreement with Siteworks Construction, Inc. for Project 3025 Kirker Creek Storm Canal MEETING DATE: October 2, 2023

EXECUTIVE SUMMARY
In the winter storms of January 2023, a 96-inch corrugated metal culvert on private property on Harbor Street collapsed causing a sinkhole. The resulting back up of Kirker Creek resulted in flooding on private and public property. If approved, the resolution would authorize the negotiation and execution of an agreement with Siteworks Construction, Inc. to remove sediment, debris, undergrowth, and obstructions from the culvert.

FISCAL IMPACT
The total project budget is $1,000,000.

Compensation will be negotiated based on the attached Siteworks Construction proposal.

RECOMMENDATION
The City Council adopt the resolution approving the negotiation and execution of an agreement with Siteworks Construction, Inc. for work on Project 3025 Kirker Creek Storm Canal.

BACKGROUND
The 2022/23 winter storm season was especially heavy, bringing rain and winds that created emergency conditions throughout the region.

In January 2023, a 96-inch corrugated metal culvert on private property collapsed causing a sinkhole.

On January 17, 2023, the City Council adopted Resolution No. 23-14235 Ratifying Proclamation of a Local Emergency Regarding Storms.
1440
On March 6, 2023, the City Council adopted Resolution No. 23-14257 Renewing and Continuing the Local Emergency Regarding Storms.

On April 17, 2023, the City Council adopted Resolution No. 23-14273 Proclaiming Termination of Local Emergency Regarding Storms.

On June 19, 2023, the City Council adopted Resolution No. 23-14326, allocating General Fund Reserves to four projects, one of them being $1,000,000 for Project 3025 Kirker Creek Storm Canal.

In early September 2023, staff requested proposals from four contractors to remove the sediment, debris, undergrowth, and obstruction from the twin box culvert. Two responses were received, and Siteworks Construction, Inc. was the lowest responsive responsible bidder.

SUBCOMMITTEE FINDINGS
This item was not presented to the subcommittee.

STAFF ANALYSIS
This sinkhole was created by the collapse of a 96-inch corrugated metal culvert on private property and resulted in the back up of Kirker Creek. As heavy rains and sediment filled the creek, the culvert failure led to erosion of the banks on both the upstream and downstream conditions.

The creek back up resulted in flooding on private and public property on Harbor Street between Atlantic Avenue and Yosemite Drive including the intersections at Stoneman Avenue and Ventura Drive.

Removal of sediment is needed to clean out the outfall and intake areas to reduce future flooding in the area until the sinkhole is repaired.

ATTACHMENTS: Siteworks Construction Proposal
Resolution
Report Prepared By: Sharon Paz, Administrative Analyst ll 1441
Resolution No. 23- Page 1 of 2 October 2, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Manager to Negotiate )
and Execute a General Services )
Agreement with Siteworks Construction, ) RESOLUTION NO. 23- Inc. for Project 3025 Kirker Creek Storm )
Canal )
WHEREAS, the 2022/23 winter storm season was especially heavy, bringing rain and winds that created emergency conditions throughout the region; and WHEREAS, in January 2023, a 96-inch corrugated metal culvert on private property collapsed causing a sinkhole. This caused Kirker Creek to back up, flooding private and public property on Harbor Street between Atlantic Avenue and Yosemite Drive including the intersections at Stoneman Avenue and Ventura Drive. As a result, sediment filled the creek and culvert, and significant erosion occurred on both the upstream and downstream banks; and
WHEREAS, on January 17, 2023, the City Council adopted Resolution No. 23- 14235 Ratifying Proclamation of a Local Emergency Regarding Storms; and WHEREAS, on March 6, 2023, the City Council adopted Resolution No. 23-14257 Renewing and Continuing the Local Emergency Regarding Storms; and WHEREAS, on April 17, 2023, the City Council adopted Resolution No. 23-14273 Proclaiming Termination of Local Emergency Regarding Storms; and WHEREAS, on June 19, 2023, the City Council adopted Resolution No. 23-14326, allocating General Fund Reserves to four projects, one of them being $1,000,000 for Project 3025 Kirker Creek Storm Canal; and
WHEREAS, in early September 2023, staff requested proposals from four contractors to remove the sediment, debris, undergrowth, and obstructions from the twin box culvert. Two responses were received, and Siteworks Construction, Inc. was selected as the lowest cost.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to negotiate and execute a general services agreement with Siteworks Construction, Inc. in the amount of $150,000.

BE IT FURTHER RESOLVED that the City Manager is authorized to amend the compensation by an additional $100,000 for additional debris cleaning at the site if necessary.
1442
Resolution No. 23- Page 2 of 2 October 2, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting the 2nd day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
__________________________
Alice E. Evenson, City Clerk
1443
SITEWORKS CONSTRUCTION, INC.

PO Box 1324  Lafayette, CA  94549-1324  License #610597  925-284-1437  FAX 925-256-8357 9/18/2023
ATTN: Bobby Joaquin – Public Works Superintendent
City of Pittsburg
JOB ADDRESS: Harbor Street at Stoneman Avenue
JOB START DATE: ASAP
PROPOSAL FOR: Remove Sediment/Debris/Undergrowth and obstructions at 10’ x 8’ Twin Box Culvert Harbor Street, Pittsburg, CA
 PROPOSAL & SCOPE OF WORK 
In accordance with the following outline and conditions of this proposal, Siteworks Construction, Inc. will provide all labor, tools, equipment, services, materials, and transportation necessary to perform construction services as described in detail below.

In Preparation for Permanent Storm Drain Repair:  Clear & Grub area downstream of twin 10’ x 8’ box culverts to gain access for cleaning box culvert.  Remove dirt in twin box culverts – excavate & offhaul to COP designated dump site.  Regrade outfall area for positive drainage $ 79,126
add $165/lf for each additional foot per culvert
beyond 150 feet.

ALTERNATE:

Excavate and Remove sediment 35’ upstream of 96” CMP near CCWD canal: $21,060 CONDITIONS: Dump Fees for Debris, including dirt, grasses and trees to be paid by COP; Trucking is included in this Proposal, but priced to Keller Canyon.

Work to commence before rainy season starts.

EXCLUSIONS: * Inspections, Engineering, Surveying, Testing, Building or Encroachment Permits. * Dewatering or water control; contaminated/hazardous waste or dirt/debris. * SWPPP plans or submittal thereof; Biological, Wildlife or Bird/Snake Surveys. * Landscaping, Erosion Blanket, AC Paving or AB Placement; Striping. * Offhaul only, no dump fees for dirt, debris, or green waste.

Very Truly Yours,
Siteworks Construction, Inc
Kent DeSena, PM
1444

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Authorize a Fourth Amendment to the Employment Agreement for the City Attorney
MEETING DATE: October 2, 2023

EXECUTIVE SUMMARY
On July 16, 2018, the City Council approved the appointment of Donna Mooney as City Attorney and authorized an employment agreement. On August 21, 2023 the City Council directed staff to bring to open session for consideration an amendment to the employment agreement to revise Section 5, Compensation of the Agreement to include, effective September 3, 2023, a Four Percent (4%) cost of living adjustment (COLA) will be added to base salary; and effective the first pay period in September 2024, a Four Percent (4%) COLA, will be added to base salary.

FISCAL IMPACT
The employment agreement amendment will result in an approximate increased payroll cost of $14,000 for Fiscal Year 2023/2024, which will be absorbed into the department’s current allocated budget.

RECOMMENDATION
It is recommended that the City Council adopt a Resolution to Authorize a Fourth Amendment to the Employment Agreement for the City Attorney.

BACKGROUND
On July 16, 2018, the City Council approved the appointment of Donna Mooney as City Attorney and authorized the Mayor to negotiate and sign an employment agreement for Ms.

Mooney on behalf of the City. The employment agreement required an annual merit-based performance evaluation process after the first year of employment with the City.

On September 8, 2019, the City Council adopted Resolution #19-13685 authorizing amendments to Ms. Mooney’s employment agreement to increase salary and extend the agreement term. On September 20, 2021, the City Council adopted Resolution #21-13992 1445
authorizing amendments to Ms. Mooney’s employment agreement to increase salary, add Deferred Compensation and extend the agreement term to September 4, 2024.

The Third Amendment to the Employment Agreement extended the term to September 4, 2025 and added an automatic renewal, increased the compensation by five percent (5%) effective July 10, 2022, and established an annual cost of living adjustment.

On August 21, 2023 the City Council directed staff to bring to open session for consideration an amendment to the employment agreement to revise Section 5, Compensation of the Agreement to include, effective September 3, 2023, a Four Percent (4%) cost of living adjustment (COLA) will be added to base salary; and effective the first pay period in September 2024, a Four Percent (4%) COLA, will be added to base salary.

SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.

STAFF ANALYSIS
It is the compensation philosophy of the City Council to provide competitive salary and benefits to retain valued employees. A market-rate compensation survey of local City Attorney positions in Contra Costa County concluded that Pittsburg’s current City Attorney salary rate was approximately Six Percent (6%) below the average monthly salary of city attorneys of the comparative cities.

Ms. Mooney received a performance review in closed session with the City Council on August 21, 2023, and the City Council provided authorization to proceed with the following amendments to the City Attorney’s Agreement:

The Fourth Amendment to the agreement amends Section 5, Compensation as follows:

CITY agrees to pay EMPLOYEE for services rendered hereunder at a monthly rate of $22,102 per month, which sum shall be considered base salary and shall be payable in installments at the same time as other employees of the CITY are paid, and subject to customary withholdings. Effective the first pay period in September 2024, the base salary shall be increased by a four percent (4%) cost-of-living adjustment, to $22,986 per month.

On September 4, 2025, and each succeeding September 4 while this Agreement is in effect, the EMPLOYEE’s base salary shall be increased no greater than the San Francisco Bay Area Consumer Price Index, All Consumers and no less than Two Percent (2.0%). The City Council will determine the percentage of the annual cost of living adjustment. Should all of the bargaining groups in the City of Pittsburg not receive a salary adjustment.

The Mayor and Ms. Mooney agreed upon the amended terms of Ms. Mooney’s employment and the requisite employment agreement amendment was prepared.

ATTACHMENTS: Fourth Amendment to Employment Agreement
Resolution
Report Prepared By: Jennifer Brizel, Director of Human Resources 1446
Resolution No. 23- Page 1 of 1 October 2, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the Mayor to Execute the )
Fourth Amendment to the Employment ) RESOLUTION NO. 23- Agreement for the City Attorney )
WHEREAS, the City Council hired Donna Mooney to serve as City Attorney of the City of Pittsburg and entered into an employment agreement (“Agreement”) on July 16, 2018; and
WHEREAS, effective September 3, 2023, a Four Percent (4%) cost of living adjustment (COLA) will be added to base salary increasing the base monthly salary to $22,102; and effective the first pay period in September 2024, a Four Percent (4%) COLA, increasing the base monthly salary to $22,986; and
WHEREAS, on September 4, 2025, and each succeeding September 4 while this Agreement is in effect, the EMPLOYEE’s base salary shall be increased no greater than the San Francisco Bay Area Consumer Price Index, All Consumers and no less than Two Percent (2.0%). The City Council will determine the percentage of the annual cost of living adjustment. Should all of the bargaining groups in the City of Pittsburg not receive a salary increase during the fiscal year, the City Council may elect to not extend the cost of living adjustment; and
WHEREAS, Donna Mooney has indicated her concurrence with the amended terms of the employment agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute the Fourth Amendment to the Agreement.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 2nd day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
1447

FOURTH AMENDMENT TO

EMPLOYMENT AGREEMENT
This Fourth Amendment to the Principal Agreement made and entered into on July 16, 2018, hereafter referred to as Agreement, between Donna Mooney, an individual, therein referred to as Employee, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 3rd day of September 2023.

WHEREAS, the parties entered into an Agreement on July 16, 2018, for City Attorney services for a term of three years commencing September 4, 2018, and ending on September 4, 2021; and
WHEREAS, the parties entered into a First Amendment titled “Employment Agreement Amendment #1” on September 8, 2019, to increase the term by one year and increase compensation; and
WHEREAS, the parties entered into a Second Amendment on September 21, 2022, to extend the term and increase the compensation; and
WHEREAS, the parties entered into a Third Amendment on July 1, 2022, to provide for an automatic extension of the term, increase the compensation, and establish an annual cost-of-living adjustment; and
WHEREAS, the parties seek to amend the Agreement to increase the compensation by making a cost-of-living adjustment in the amount of four percent for this year beginning September 3, 2023, and four percent for next year beginning the first pay period in September 2024.

NOW, THEREFORE, Employee and City do mutually agree as follows:

1. Compensation. Section 5 of the Agreement is hereby amended as follows:

CITY agrees to pay EMPLOYEE for services rendered hereunder at a monthly rate of $ 22,102 per month, which sum shall be considered base salary and shall be payable in installments at the same time as other employees of the CITY are paid, and subject to customary withholdings. Effective the first pay period in September 2024, the base salary shall be increased by a four percent (4%) cost-of-living adjustment, to $22,986 per month.

On September 4, 2025, and each succeeding September 4 while this Agreement is in effect, the EMPLOYEE’s base salary shall be increased no greater than the San Francisco Bay Area Consumer Price Index, All Consumers and no less than Two Percent (2.0%). The City Council will determine the percentage of the annual cost of living adjustment. Should all of the bargaining groups in the City of Pittsburg not receive a salary 1448
increase during the fiscal year, the City Council may elect to not extend the cost-of-living adjustment in this section.

2. Integration. This Fourth Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Fourth Amendment. This Fourth Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect.

3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Fourth Amendment and the Agreement, the provisions of this Fourth Amendment shall control in all respects.

4. Ambiguities. The parties have each carefully reviewed this Fourth Amendment and have agreed to each term of this Fourth Amendment. No ambiguity shall be presumed to be construed against either party.

IN WITNESS WHEREOF, the parties have entered into this Fourth Amendment on the day and year first hereinabove appearing.

EMPLOYEE
By:

Donna Mooney

CITY OF PITTSBURG
By:

Shanelle Scales-Preston, Mayor
ATTEST:

By:

Alice Evenson, City Clerk
1449

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Donna Mooney, City Attorney
SUBJECT: Adoption of a City Council Resolution to Authorize a Fifth Amendment to the Employment Agreement for the City Manager
MEETING DATE: October 2, 2023

EXECUTIVE SUMMARY
On February 5, 2019, the City Council approved the appointment of Garrett Evans as City Manager and authorized an Employment Agreement. On September 18, 2023, following a performance evaluation, the City Council directed staff to bring to open session for consideration a fifth amendment to the Employment Agreement to increase the salary by Four Percent (4%), effective February 5, 2023 and Four Percent (4%), effective the first pay period in February 2024. Additional Agreement term amendments include deferred compensation contribution amounts of $12,500 for 2023 and 2024.

FISCAL IMPACT
The Employment Agreement amendment will result in an approximate increased payroll cost of $26,000 for Fiscal Year 2022/2023, and $53,000 for Fiscal Year 2023/2024 which will be absorbed into the department’s current allocated budget.

RECOMMENDATION
It is recommended that the City Council adopt a City Council Resolution to Authorize a Fifth Amendment to the Employment Agreement for the City Manager.

BACKGROUND
On February 5, 2019, the City Council approved the appointment of Garrett Evans as City Manager. On February 5, 2020 City Council authorized the first amendment to the Employment Agreement to reflect a Two Percent (2%) merit adjustment. On June 15, 2020, the City Council authorized the second amendment to the City Manager’s contract to reduce salary and benefits based on the pandemic. On March 22, 2022, the City Council authorized the third amendment to increase the City Manager’s base salary by Two and a Half Percent (2.5%) as a cost-of-living adjustment.
1450
A consulting firm was retained by the City in September 2022 to conduct a market-rate compensation survey of local City Manager positions and found that the City Manager salary was behind market rate. On November 21, 2022, City Council approved to extend the term of the agreement and include an automatic renewal as well as and increase base salary by Seven and a Half Percent (7.5%), effective July 10, 2022. The Agreement also amended Section 6.B. Compensation and Annual Evaluation, removing the performance bonus, up to Ten Thousand Dollars ($10,000) annually and modifying the annual evaluation period from November and December (at least once a year) to February and March (“Annual Evaluation”).

On September 18, 2023, the City Council directed staff to bring to open session for consideration a fifth amendment to the employment agreement for the City Manager.

SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.

STAFF ANALYSIS
A market-rate compensation survey of local City Manager positions in Contra Costa County concluded that Pittsburg’s current City Manager salary rate was approximately Five Percent (5%) below the average monthly salary of City Manager’s of the comparative cities.

Mr. Evans received a performance review in closed session with the City Council on August 21, 2023 and September 18, 2023, and the City Council provided authorization to proceed with amendments to the City Manager’s Agreement.

The Fifth Amendment to the City Manager agreement is amended to provide a salary increase of 4% effective February 5, 2023, increasing the base monthly salary rate to $24,022 and a salary increase of 4% effective the first pay period in February 2024, increasing the base monthly salary rate to $24,983 in order to align with the external market, based on a salary study and cost of living adjustments (COLAs) of 4% provided to employees across all bargaining units and to minimize compaction.

The City Council and Manager may set mutually agreed upon objectives for each year under this agreement. The City Council shall evaluate Manager’s performance at least once per year to establish mutually agreed upon objectives. Following the Fifth Amendment to this agreement, the City Council shall evaluate Manager’s performance during September 2024.

Beginning 2025, while the Agreement is in effect, the City Manager’s base salary shall be increased no greater than the San Francisco Bay Area Consumer Price Index, All Consumers and no less than Two Percent (2.0%). The City Council will determine the percentage of the annual cost of living adjustment. Should all of the bargaining groups in the City of Pittsburg not receive a salary increase during the fiscal year, the City Council may elect to not extend the cost of living adjustment.
1451
Additionally, an increase in deferred compensation is added to the agreement effective the first pay period in October 2023. The City shall pay an additional contribution of $12,500 to the City Manager’s 401(a) or 457(b) deferred compensation plan. Effective the first pay period in October 2024, the City shall pay an additional contribution of $12,500 to the City Manager’s 401(a) or 457(b) deferred compensation plan.

The attached Employment Agreement amendments are proposed for adoption by the City Council.

ATTACHMENTS: Fifth Amendment to Employment Agreement
Resolution
Report Prepared By: Jennifer Brizel, Director of Human Resources 1452

FIFTH AMENDMENT TO

EMPLOYMENT AGREEMENT
This Fifth Amendment to the Principal Agreement made and entered into on February 5, 2019, hereafter referred to as Agreement, between Garrett Evans, an individual, therein referred to as Employee, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this February 5, 2023.

WHEREAS, the parties desire to amend Compensation terms, increasing Compensation by Four Percent (4%), effective February 5, 2023; and Four Percent (4%), effective the first pay period in February 2024; and
WHEREAS, the parties further desire flexibility for the timing of the annual performance this year, and add a contribution to deferred compensation.

NOW, THEREFORE, Employee and City do mutually agree as follows:

1. Compensation and Evaluation. Sections 6A, 6B and 6C of the Agreement are hereby amended to read as follows:

A. CITY agrees to pay EMPLOYEE effective February 5, 2023, at a monthly rate of $24,022 per month, which sum shall be considered base salary and shall be payable in installments at the same time as other employees of the CITY are paid, and subject to customary withholdings. Effective the first pay period in February 2024, the base monthly salary shall be increased by a four percent (4%) cost-of-living adjustment, to $24,983.

B. CITY and EMPLOYEE may set mutually agreed upon objectives for each year under this Agreement. The City Council shall evaluate Manager’s performance at least once a year during the months of November and December (“Annual Evaluation”).

Mutually agreed upon objectives will be set during the first quarter of each calendar year. Beginning 2024, the City Council shall evaluate Manager’s performance during September.

C. Beginning 2025, CITY and EMPLOYEE agree, each succeeding year while this Agreement is in effect, the EMPLOYEE’s base salary shall be increased no greater than the San Francisco Bay Area Consumer Price Index, All Consumers and no less than Two Percent (2.0%). The City Council will determine the percentage of the annual cost of living adjustment. Should all of the bargaining groups in the City of Pittsburg not receive a salary increase during the fiscal year, the City Council may elect to not extend the cost-of-living adjustment in this section.

2. Deferred Compensation. Section 7.C. of the Agreement is hereby added to read as follows:
1453
C. Effective the first pay period in October 2023, the City shall pay an additional contribution of $12,500 to the City Manager’s 401(a) or 457(b) deferred compensation plan. Effective the first pay period in October 2024, the City shall pay an additional contribution of $12,500 to the City Manager’s 401(a) or 457(b) deferred compensation plan.

3. Integration. This Fifth Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Fifth Amendment. This Fifth Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect.

4. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Fifth Amendment and the Agreement, the provisions of this Fifth Amendment shall control in all respects.

5. Ambiguities. The parties have each carefully reviewed this Fifth Amendment and have agreed to each term of this Fifth Amendment. No ambiguity shall be presumed to be construed against either party.

IN WITNESS WHEREOF, the parties have entered into this Fifth Amendment on the day and year first hereinabove appearing.
1454

EMPLOYEE
By:

Garrett Evans

APPROVED AS TO FORM
By: _____________________________
Donna Mooney, City Attorney

CITY OF PITTSBURG
By:

Shanelle Scales-Preston, Mayor
ATTEST:

By:

Alice Evenson, City Clerk
1455
Resolution No. 23- Page 1 of 2 October 2, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the Mayor to Execute the )
Fifth Amendment to the Employment ) RESOLUTION 23-
Agreement for the City Manager )
WHEREAS, the City Council hired Garrett Evans to serve as City Manager of the City of Pittsburg and entered into an Employment Agreement (“Agreement”) on February 5, 2019; and
WHEREAS, the Fifth Amendment to the City Manager agreement is amended to provide a salary increase of Four Percent (4%) effective February 5, 2023, increasing the base monthly salary rate to $24,022 and a salary increase of Four Percent (4%) effective the first pay period in February 2024, increasing the base monthly salary rate to $24,983 in order to align with the external market based on a salary study and cost of living adjustments (COLAs) of Four Percent (4%) provided to employees across all bargaining units and to minimize compaction; and
WHEREAS, the City Council shall evaluate Manager’s performance at least once per year and set mutually agreed upon objectives. Following the Fifth Amendment to this agreement, the City Council shall evaluate Manager’s performance during September 2024; and
WHEREAS, beginning 2025, City and City Manager agree, each succeeding year while this Agreement is in effect, the City Manager’s base salary shall be increased no greater than the San Francisco Bay Area Consumer Price Index, All Consumers and no less than Two Percent (2.0%). The City Council will determine the percentage of the annual cost of living adjustment. Should all of the bargaining groups in the City of Pittsburg not receive a salary increase during the fiscal year, the City Council may elect to not extend the cost-of-living adjustment in this section; and WHEREAS, effective the first pay period in October 2023, the City shall pay an additional contribution of $12,500 to the City Manager’s 401(a) or 457(b) deferred compensation plan. Effective the first pay period in October 2024, the City shall pay an additional contribution of $12,500 to the City Manager’s 401(a) or 457(b) deferred compensation plan; and
WHEREAS, Garrett Evans has indicated his concurrence with the amended terms of the Employment Agreement.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute the Fifth Amendment to the Employment Agreement. 1456
Resolution No. 23- Page 2 of 2 October 2, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 2nd day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
1457

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor/Chair and Council/Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Pittsburg Power Company Resolution Adopting the 2022 Power Content Label to the California Energy Commission MEETING DATE: October 2, 2023

EXECUTIVE SUMMARY
The Pittsburg Power Company (PPC), in compliance with the State law (Public Utilities Code 398.1(b)), is disclosing both the power sources portfolio information and comparison to California’s total system power mix on an annual Power Content Label (PCL). For public agencies submitting board resolutions as attestation, in lieu of a requirement to provide a report from an auditor, the Board of Directors must attest to and adopt the PCL.

FISCAL IMPACT
Adoption of the 2022 PCL has no fiscal impact to Island Energy’s Enterprise Fund or the City of Pittsburg’s General Fund.

RECOMMENDATION
The Governing Board of the Pittsburg Power Company (PPC) adopts PPC’s 2022 Power Content Label.

BACKGROUND
Under the Power Source Disclosure Program, electricity retail suppliers are required to submit to the California Energy Commission (CEC) annually to disclose their gross purchases of electricity by source, resales of electricity, and the net electricity by source used to serve retail load for the previous calendar year.

SUBCOMMITTEE FINDINGS
The 2022 Power Content Label was not presented to the PPC Subcommittee. 1458

STAFF ANALYSIS
Derived from the 2022 Power Source Disclosure Report, the 2022 PCL shows resources or fuel types of power procured and sold to end use customers. The 2022 Power Content Label indicates that for calendar year 2022, 25.8% of PPC’s annual electricity sales to end use customers was from solar generation, 0.9% from eligible hydroelectricity, 9.6% from large hydroelectric generation, 4% from excess solar generation from customer owned solar systems on Mare Island and 59.8% of 2022 annual electricity sales was purchased from open market and its sources of generation cannot be specified.

ATTACHMENTS: 2022 Power Content Label
Resolution
Report Prepared By: Vanessa Xie, Administrative Officer 1459

BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY In the Matter of:

Attesting the Veracity of the )
2022 Power Content Label to the ) RESOLUTION NO.

California Energy Commission )
WHEREAS, Pittsburg Power Company (PPC), a joint powers authority, provides retail electricity and natural gas services on Mare Island, Vallejo in the name of Island Energy (IE); and
WHEREAS, under the Power Source Disclosure Program, electricity retail suppliers are required to submit to the California Energy Commission (CEC) annually to disclose their gross purchases of electricity by source, resales of electricity, and the net electricity by source used to serve retail load for the previous calendar year; and WHEREAS, the electricity retail suppliers then disclose to their consumers the power mix associated with their electricity portfolios, as well as California’s overall power mix on an annual Power Content Label; and
WHEREAS, PPC, in compliance with the State law (Public Utilities Code 398.1(b)), is disclosing both the power sources portfolio information and comparison to California’s total system power mix on an annual Power Content Label (PCL); and WHEREAS, the CEC regulations authorize a public agency electric retail provider that offers only one electricity product to approve submission of an attestation of the veracity of the PCL, in lieu of a requirement to provide a report from an auditor.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the Pittsburg Power Company hereby approves the 2022 Annual PCL and attests the veracity of the said PCL.

PASSED AND ADOPTED by Governing Board of the Pittsburg Power Company at a regular meeting on the 2nd day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Chair
ATTEST:
____________________________
Garrett Evans, Executive Secretary
1460
2022 POWER CONTENT LABEL
(Pittsburg Power Company)
(https://islandenergy.com/power-content-label/)
Greenhouse Gas Emissions
Intensity (lbs CO2e/MWh) Energy Resources
Electricity
Portfolio
Name
2022 CA
Power Mix
Eligible Renewable1

26.6% 35.8%
Biomass & Biowaste 0.0% 2.1%
564 422 Geothermal 0.0% 4.7%
Eligible Hydroelectric 0.9% 1.1%
Solar 25.8% 17.0%
Wind 0.0% 10.8%
Coal 0.0% 2.1%
Large Hydroelectric 9.6% 9.2%
Natural Gas 0.0% 36.4%
Nuclear 0.0% 9.2%
Other 4.0% 0.1%
Unspecified Power2

59.8% 7.1%
TOTAL 100.0% 100.0%
Percentage of Retail Sales Covered by
Retired Unbundled RECs3:
0%
1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology.
2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source.
3Renewable energy credits (RECs) are tracking instruments issued for renewable generation.

Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.

For specific information about this
electricity portfolio, contact:
(Pittsburg Power Company)
(707-562-5000)
For general information about the
Power Content Label, visit:
https://www.energy.ca.gov/programs-andtopics/programs/power-source-disclosure-program Retail Electricity
Service 2022 CA Utility Average
0 200
400
600
800
1000
Retail
Electricity
Service
2022 CA
Utility
Average
1461