CITY OF SAN PABLO
SUBAWARD AGREEMENT FOR OUTREACH SERVICES
Project No. 0700 / Agreement No. 2
THIS SUBAWARD AGREEMENT (“ Agreement”), dated and effective this 1st day of September, 2022 (“Effective Date ”), is by and between the City of San Pablo, a municipal corporation organized and existing under the laws of the State of California, (“City”), and Earth Team, a California Nonprofit Public Benefit Corporation, (“Subrecipient” or “Earth Team”)) (individually, a “Party,” and collectively, the “ Parties”). This Agreement shall govern certain activities and responsibilities to be carried out by Subrecipient on behalf of City, a grantee of the United States Environmental Protection Agency.
RECITALS
WHEREAS, on May 26, 2016, the City submitted a grant application to the United States Environmental Protection Agency’s San Francisco Water Quality Improvement Fund (USEPA SFBWQIF) to provide water quality improvement to the City of San Pablo;
WHEREAS, Earth Team was proposed as a Subrecipient of the grant to develop environmental education, training, trash assessments and community outreach services;
WHEREAS, the City’s grant proposal was successful and the City was awarded $864,634 as the pass-through entity , with Earth Team (Data Universal Numbering System Number 147554344) as a Subrecipient of $300,853, under USEPA Grant Number 99T53401, award date September 29, 2016, with the initial project period identified as October 3, 2016 through July 30, 2020;
WHEREAS, of the Earth Team’s Subrecipient award amount of $300,853 included in the grant award dated September 29, 2016, services performed by Earth Team in the amount of $150,407 were to be funded through the USEPA SFBWQIF grant, and $150,446 was to be funded through in-kind match provided by Earth Team;
WHEREAS, on January 3, 2017, the City and Earth Team entered into a Subawardee Agreement for Environmental Education, Training & Outreach Services to perform services as a Subrecipient of the USEPA SFWQIF grant;
WHEREAS, by USEPA Assistance Amendment #1 dated May 3, 2019, the project period was extended to June 30, 2022, with no changes to the federal assistance amount;
WHEREAS, by USEPA Assistance Amendment #2 dated November 3, 2021, the projec t period was extended to June 30, 2023, with no changes to the federal assistance amount;
WHEREAS, under the original Subawardee Agreement in effect from January 3, 2017 , through July 1, 2020, Earth Team performed services in the amount of $129,369 funded through the USEPA SFBWQIF; and performed services in the amount of $114,621 funded through in-kind match;
WHEREAS, USEPA grant funds remaining for Earth Team Subrecipient services under USEPA Grant Number 99T53401 awarded September 29, 2016, incl ude $21,038 in available
funding through the USEPA SFBWQIF; with $35,825 remaining under the grant to be funded through in-kind match;
WHEREAS, City and Subrecipient wish to enter into a new Subaward Agreement for Outreach Services in order to continue Subrecipient’s services under the USEPA Grant Number 99T53401, utilizing remaining available Subrecipient funding under the grant, the project period of which has been extended through June 30, 2023.
WHEREAS, Subrecipient has represented to City that Subrecipient has the special training, skill, competence and expertise necessary to provide the Services needed by the City; desires to enter into this Agreement with the City as an independent contractor; will act at all times in the City’s best interest; and is willing to provide the Services on the following terms and conditions.
NOW, THEREFORE, Subrecipient and the City agree as follows:
TERMS AND CONDITIONS
(1) Scope of Services.
A. Scope of Services. Subrecipient agrees to provide the Services to the City as specified in, collectively, the scope of services set forth in the grant proposal submitted to the United States Environmental Protection Agency (USEPA) by the City of San Pablo and Earth Team, dated May 26, 2016 and any addenda thereto (“Grant Application”), attached as Exhibit A and incorporated herein, the grant requirements set forth in the USEPA Grant Award—Federal Award Identification Number W9-99T53401—dated September 29, 2016, as amended per USEPA Assistance Amendment 1 dated May 3, 2019, and USEPA Assistance Amendment 2 dated November 3, 2021 (“Award Letter s W9-99T53401, W9 -99T53401-1 and W9- 99T43401-2, respectively”), attached as Exhibit B (B-1, B-2 and B-3) and incorporated herein. Subrecipient is subject to the same USEPA requirements as apply to the City as required by 2 CFR 200.332(a)(2) and set forth in Exhibits C and D. In the event of any discrepancy between any of the terms of Earth Team’s proposal, the City’s approved Workplan and Budget (Exhibit E), and this agreement, the terms most favorable to the City shall prevail. Any services not encompassed in this Section (1) are additional services (“Additional Services”) subject to prior written authorization by the City, as further specified below in Section (3), “Additional Services.”
B. Quality of Performance. Subrecipient will provide the Services and any authorized Additional Services in accordance with the standards of its profession; in accordance with the terms, conditions, and objectives of this Agreement; and in a manner satisfactory to the City Manager or his or her authorized delegee (“ City Manager ”). Subrecipient represents that it possesses the necessary skills, background, and licenses to perform the Services or Additional Services.
Subrecipient is solely responsible for the quality and suitability of the Services it provides pursuant to this Agreement. If, during the course of this Agreement, the City Manager notifies Subrecipient that the Services are not satisfactory, in whole or in part, Subrecipient will promptly take the corrective action required by the City Manager, at no extra cost to the City. Failure to promptly take such corrective action constitutes a material breach of this Agreement and cause for termination in the City’s discretion. This standard of care will not be construed to impose a mandatory duty on the City within the meaning of Government Code section 815.6. The City’s acceptance of Services performed under this Agreement will not operate to waive or release Subrecipient ’s obligatio n under this paragraph.
C. COVID-19 Pandemic . All City of San Pablo programs and services must be in
compliance with current health orders issued by Contra Costa County Health Services at: https://www.coronavirus.cchealth.org/health-orders. Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to provide proof of COVID-19 vaccination, as well as comply with the City’s COVID policies on-site.
D. Time is of the Essence. In the performance of this Agreement, time is of the essence. Subrecipient must be available to begin providing the Services upon the Effective Date of this Agreement, and must complete the Services within the time specified in Section (4), “Effective Date and Term,” unless an extension to the grant is approved by USEPA.
E. Primary Service Provider . The City has approved of Manuel Alonso as Subrecipient’s primary provider of the Services under this Agreement, and no other person will be accepted as the primary provider of the Services without the City’s prior written consent.
F . Labor Code Compliance. If the Services are “public works” services as defined in Labor Code section 1720 et seq. and the Agreement is for an amount greater than $1,000, the Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, beginning at section 1720, and the related regulations, including but not limited to requirements pertaining to wages, working hours and workers’ compensation insurance.
Subrecipient must also post all job site notices required by laws or regulations pursuant to Labor Code section 1771.4.
1. Prevailing Wages: Each worker performing Services under this Agreement that is covered under Labor Code section 1720 or 1720.9, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code.
The prevailing wage rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. Pursuant to Labor Code section 1775, Subrecipient and any subconsultant will forfeit to City as a penalty up to $200 for each calendar day, or portion of a day, for each worker paid less than the applicable prevailing wage rate, in addition to paying each worker the difference between the applicable wage rate and the amount actually paid.
2. Working Day: Pursuant to Labor Code section 1810, eight hours of labor consists of a legal day’s work. Pursuant to Labor Code section 1813, Subrecipient will forfeit to City as a penalty the sum of $25 for each day during which a worker employed by Subrecipient or any subconsultant is required or permitted to work more than eight hours during any one calendar day, or more than 40 hours per calendar week, unless such workers are paid overtime wages under Labor Code section 1815. All Services must be carried out during regular City working days and hours unless otherwise specified in the scope of services or authorized in writing by City.
3. Payroll Records: Subrecipient and its subconsultants must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“ DIR”). For each payroll record, Subrecipient and its subconsultants must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Agreement is for an amount under $25,000, Subrecipient must electronically submit
certified payroll records to the Labor Commissioner as required under California law and regulations.
4. Apprentices: If the amount of the Agreement is $30,000 or more, Subrecipient must comply with the apprenticeship requirements in Labor Code section 1777.5.
5. DIR Monitoring, Enforcement, and Registration: The Services are subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Subrecipient and any subconsultants must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Agreement is for an amount under $25,000.
(2) Compensation. Earth Team agrees to provide environmental education, training, tras h assessments and community outreach services for the amount s of Thirty-Five Thousand Eight Hundred Twenty-Five Dollars ($35,825) as in-kind match towards the remaining grant total, and in an amount not to exceed Twenty -One Thousand Thirty -Eight Dollars ($21,038) for reimbursements from USEPA as follows:
Earth Team will submit quarterly reports and invoices to the City of San Pablo for both match and in- kind services in the format provided in Exhibit F. The quarterly progress report template may be updated at the request of the USEPA, the most up-to-date template will be provided to Earth Team throughout the project. The City of San Pablo will submit these reports and invoices to the USEPA for payment in an amount not to exceed Twenty One Thousand Thirty-Eight Dollars ($21,038). When the City receives reimbursement from the USEPA for the match amount, the City will then reimburse Earth Team for the amount specific in the invoices within thirty (30) days of receiving reimburse from the USEPA. The City will not be liable for payment to Earth Team if USEPA does not pay or reimburse the City.
Invoices shall be submitted containing all information contained in Section (6) “Billings”. In no event shall Earth Team be entitled to compensation for extra work beyond the match amount unless an amendment to this agreement has been executed by the City prior to the commencement of the work.
Subrecipient may begin billing to this project for work completed starting on September 1, 2022, and ending on June 30, 2023.
Subrecipient will be paid all undisputed amounts within sixty (6 0) days of City’s receipt of detailed invoices for Services provided to the City Manager’s satisfaction during the preceding calendar Earth Team Task EPA Match Earth Team In-Kind TOTAL
Personnel $16,891 $0 $16,891
Travel $0 $9,411 $9,411
Supplies $0 $11,625 $11,625
Contractual $1,298 $50 $1,348
Other $2,849 $14,739 $17,588
Total $21,038 $35,825 $56,863
month. Invoices must include all of the information contained in Secti on (7), “Billings,” below. Each invoice must be signed by an authorized representative of Subrecipient , verifying that the invoiced Services have been performed. Subrecipient will not be entitled to compensation for Additional Services, as defined below in Section (3), unless authorized by City in writing in advance, and memorialized in an amendment to this Agreement executed by the authorized representatives of each Party. This Section (2) supersedes any conflicting or inconsistent provisions in the Proposal.
(3) Additional Services. In addition to the Services included in Section (1), “Scope of Services,” the Parties may from time to time agree that Subrecipient will provide Additional Services for additional compensation, as authorized by the City Manager. The nature and scope of the Additional Services, including the time for performance and terms for mutually agreeable additional compensation must be memorialized in a writing, executed by both Parties, as further specified in Section ( 25), “Amendments,” before Subrecipient may begin providing the Additional Services.
Subrecipient will not be entitled to compensation for any Additional Services performed without a written amendment to include the Additional Services in this Agreement. If Subrecipient believes that services that it is direct ed to perform by City are not included in Section (1), “Scope of Services,” Subrecipient will promptly notify the City in writing of the basis for this belief. If the City agrees that the subject services are not included in Section (1), “Scope of Services,” the Parties will promptly execute a writing to authorize the services as Additional Services for mutually agreed-upon additional compensation. Except as otherwise specified in the written authorization, all Additional Services are subject to the same terms and conditions as all Services under this Agreement, including, billing, record-keeping, reporting, insurance, indemnity, and compliance with all applicable laws and standards.
(4) Effective Date and Term. The term of this Agreement (“ Term”) begins on September 1, 2022, and expires on June 30, 2023. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.
(5) Assignment and Subcontracting. A substantial inducement to City for ente ring into this Agreement was, and is, the reputation and competence of Subrecipient . The assignment or subcontracting of this Agreement by Subrecipient , or any interest therein, is prohibited without the prior written approval of the City Manager.
Subrecipient agrees to conduct all procurement actions under this assistance agreement in accordance with the procurement standards set forth in Title 2 CFR, Parts 200.317 through 200.326.
No assistance agreement funds shall be used to reimburse the Federal share of any procurement action found to be in noncompliance with the procurement standards. Any costs incurred by the recipient under contracts and/or small purchases that EPA determines to be in noncompliance with EPA procurement standards shall be unallowable for Federal reimbursement.
(6) Independent Contractor Status. It is expressly understood and agreed by the Parties that Subrecipient, while providing Services pursuant to this Agreement, is an independent contractor and not an employee of the City. Subrecipient is solely responsible for the means and methods by which it provides the Services. Subrecipient is solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding tax and all other laws and regulations governing such matters. Subrecipient is solely responsible for its own acts and those of its agents and employees during the Term of this Agreement. Subrecipient will not represent, at any time or in any manner, that Subrecipient is an employee of the City. Subrecipient will exercise its judgment in recommending to City the methods by which to accomplish City’s objectives and needs.
Subrecipient acknowledges that the City will provide no training. Subrecipient will provide whatever tools and materials that are necessary to complete a client engagement. Subrecipient is free to accept, and has accepted in the past, other client engagements. Subrecipient is responsible for purchasing, bringing, providing, and controlling any and all equipment, tools, instruments, etc. needed for completion of the Services set forth herein, as well as for maintenance and use of such equipment. It is understood that Subrecipient is hired on a temporary basis only, and that if the City and/or Subrecipient desires to continue Subrecipient’s services after expiration of the Term or termination of this Agreement, Subrecipient must enter into a new agreement.
(7) Billings. Subrecipient's invoices must include the following information: (a) a brief description of Services performed, including any Additional Services; (b) the date the Services were performed; (c) the number of hours spent and by whom; (d) the current Agreement not -to-exceed amount; (e) the amount previously billed; (f) the total paid to date; (g) the outstanding balance due, if any; (h) the current invoice amount; (i) total amount billed against the Agreement to date; (j) the remaining balance of the not- to-exceed amount; and (k) the Subrecipient’s signature. Except as specifically authorized by City, Subrecipient will not bill City for duplicate Services performed by more than one person. Subrecipient may not submit any billing for an amount in excess of the maximum amount of compensation authorized in Sections (2) and (3), above. Subrecipient is solely responsible for its office and overhead costs, including furniture and equipment rental, supplies, salaries of employees, telephone calls, postage, advertising, and all other expenses incurred by Subrecipient in the performance of this Agreement.
All invoices provided must abide by all terms of Award Letters W9-99T53401-0/-1/-2 (Exhibit B).
(8) Advice and Status Reporting. Subrecipient will provide City with timely reports, orally or in writing, of all significant developments arising during performance of its Services, and provide the City with information as is necessary to enable City to monitor the performance of this Agreement, including statements and data demonstrating the effectiveness of the Services provided in achieving the City’s express goals and objectives. City may withhold payments otherwise due to Subrecipient pending timely delivery of all such reports and information, and City may require Subrecipient to take corrective action if deficiencies are found. Subrecipient will promptly notify the City Manager of any matters that could adversely affect Subrecipient’s ability or eligibility to continue to provide Services under this Agreement.
Subrecipient will submit progress reports to the City of San Pablo in the format specified in the Programmatic Conditions of Exhibit F. The progress report template may be updated at the request of the USEPA; the most up-to-date template will be provided to Subrecipient throughout the project.
The City of San Pablo will submit these reports to the USEPA for payment on the dates specified in Award Letter W9-99T53401-2.
(9) Retention of Records. Subrecipient’s complete files, including all records, employee time sheets, and correspondence pertaining to the Services will be available for review by the City upon request, and copies of pertinent reports and correspondence will be furnished for the City’s files upon request by the City. Subrecipient will maintain adequate documentation to substantiate all charges for hours and materials charged to City under this Agreement. Subrecipient will maintain the records and any other records related to the Services or this Agreement and will allow City access to such records for a period of four years after the expiration of the Term or termination of the Agreement.
At City’s request, or upon expiration or termination of this Agreement, Subrecipient will return to City all plans, maps, cost estimates, project financial records, reports, and related documents. All research information, plans, diagrams, financial records, reports, cost estimates or other documents
prepared or obtained under the terms of this Agreement will be delivered to and become the property of the City and all data prepared or obtained under this Agreement will be made available, upon request, to the City without restrictions or limitations on their use. This Section ( 9) will survive expiration of the Term or termination of the Agreement.
(10) Written Reports and Documents. In accordance with Government Code section 7550, if the total compensation paid to Subrecipient under this Agreement exceeds $5,000, any document or written report prepared by Subrecipient for or under the direction of City will contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report. The contract and subcontract numbers and dollar amounts shall be cont ained in a separate section of such document or written report. When multiple documents or reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or reports.
(11) Record and Fiscal Control System . Subrecipient will maintain its financial records and fiscal control systems in a manner that meets the requirements of the grant . Subrecipient will maintain personnel and payroll records to adequately identify the source and application of all received funds; withhold income taxes; pay employment taxes ( including Social Security), unemployment compensation, worker's compensation and other taxes as may be due. Subrecipient will maintain an effective system of internal control to assure that funds provided through the City are used solely for authorized purposes.
(12) Access to Records; Audits. The City will have access at any time during normal business hours and as often as necessary to any bank account and books, records, documents, accounts, files, reports, and other property and papers of Subrecipient relating to the Services to be provided under this Agreement for the purpose of making an audit, review, survey, examination, excerpt or transcript.
(13) Subrecipient’s Testimony. Unless the Services include serving as an expert witness, Subrecipient agrees to consult with City and testify at City’s request at no additional cost other than normal witness fees if litigation is brought against City in connection with Subrecipient’s Services.
This Section (12) will survive expiration of the Term or termination of the Agreement.
(14) Assignment of Personnel. Subrecipient will only assign competent and qualified personnel to perform the Services. If City asks Subrecipient to remove a person assigned to the Services, Subrecipient agrees to do so immediately regardless of the reason, or the lack of a reason, for City's request.
(15) Insurance. Before it may begin performing Services under this Agreement, Subrecipient must procure and provide proof of the insurance coverage and endorsements required by this Section in the form of certificates and endorsements acceptable to City. The required insurance must cover the activities of Subrecipient and its subconsultant s or subcontractors relating to or arising from the performance of the Services, and must remain in full force and effect at all times during the Term of the Agreement. All required insurance must be issued by a company licensed to do business in the State of California, and each such insurer must have an A.M. Best’s financial strength rating of “A” or better and a financial size rating of “VII” or better. If Consultant fails to provide any of the required coverage in full compliance with the requirements of this Agreement, City may, at its sole discretion and in addition to any other remedies, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant, suspend performance of the Services under the Agreement, or terminate Consultant for default. The procurement of the required insurance will
not be construed to limit Consultant’s liability under this Agreement or to fulfill Consultant’s indemnification obligations under this Agreement. If coverage limits carried by Consultant exceed the minimum limits specified below, the higher limits will be deemed to be required by this Agreement.
A. Policies and Limits. Consultant must procure and maintain the following insurance policies and limits at all times during the Term of this Agreement:
1. Commercial General Liability Insurance (“CGL”): The CGL policy must be issued on an occurrence basis, written on a comprehensive general liability form (CG 00 01), and must include coverage for liability arising from the operations of Consultant or its subconsultants or subcontractors in the performance of the Services, including products and completed operations, property damage, bodily injury and personal and advertising injury with limits of at least $ 2,000,000.00 per occurrence. The CGL coverage may be arranged under a single policy for the full limits required or by a combination of underlying policies with the balance provided by excess or umbrella policies, provided each such policy complies with the requirements set forth herein.
2. Sexual Abuse or Molestation. Coverage related to sexual abuse or molestation must be provided, with limits of at least $2,000,000.00 per occurrence and $4,000,000 aggregate, either: 1) under consultant’s combined Commercial General Liability coverages; or 2) under a stand- alone Sexual Abuse and Molestation incident policy meeting the requirements of Section (15).
3. Automobile Liability: The automobile liability policy must provide coverage of at least $1,000,000 .00 combined single- limit per accident for bodily injury, death or property damage.
4. Workers’ Compensation Insurance and Employer’s Liability: The policy must comply with the requirements of the California Workers’ Compensation Insurance and Safety Act, providing coverage of at least $1,000,000.00, or as otherwise required by law.
5. Professional Liability: The professional liability insurance policy must insure against the Subrecipient’s errors and omissions in the provision of Services under this Agreement, in an amount not less than $1,000,000.00 combined single limit. Any deductible or self-insured retention may not exceed $50,000. The professional liability policy must include prior acts coverage sufficient to cover all Services provided by the Subrecipient for this Agreement, and the coverage must continue in effect for five years following final payment to Subrecipient. The following provisions apply if the professional liability policy is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be on or before the Effective Date of the Agreement.
b. The insurance m ust be maintained and evidence of insurance must be provided for a continuous period of at least five years following expiration of the Term or termination of the Agreement, whichever occurs first.
c. If the coverage is canceled or not renewed and is not replaced with another claims-made policy form with a retroactive date that is on or before the
Effective Date of this Agreement, Subrecipient must provide extended reporting coverage for a minimum of five years following expiration of the Term or termination of the Agreement, whichever occurs first. The City has the right to procure, at Subrecipient’s cost, any extended reporting provisions of the policy if the Subrecipient cancels or fails to renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City before Subrecipient may begin performing Services under this Agreement.
B. Required Endorsements. The insurance provided by Subrecipient must include the following endorsements as specified below. The endorsements must b e executed by a person authorized to bind the issuing insurer. The endorsements are to be provided on forms provided , specified, or approved by the City. As an alternative to the City’s forms, the Subrecipient’s insurer(s) may provide complete copies of all required insurance policies, including endorsements.
1. Additional Insured Endorsements: The General Liability and Automobile Liability policies are to contain, or be endorsed to contain, the following provisions:
a. The City, its officers, officials, employees, and volunteers (“ Additional Insureds”) will be covered as additional insureds with respect to all covered liability. This must be provided in the form of an a dditional insured endorsement to the Subrecipient’s insurance policy, using form CG 20 10 11 85, forms CG 20 10 10 01 and GC 20 37 10 01, or equivalent approved by the City. For design professionals form CG 20 07 may be used. Alternatively, the additional insured endorsement may be provided as a separate owner’s policy that complies with all of the requirements set forth in this Section 15. b. The inclusion of more than one insured will not operate to impair the rights of one insured against another, and the policies will apply as though separate policies have been issued to each of the Additional Insureds. c. The insurance provided by the Subrecipient is primary and no insurance or self-insurance held or owned by any of the Additional Insureds may be called upon to contribute to a loss or defense.
d. Any failure by Subrecipient to comply with the reporting requirements for a policy will not affect nor abridge the coverage provided for any Additional Insureds.
e. The coverage or endorsement will not contain any limitations on the scope of protection available to the Additional Insureds.
2. Notice: Each insurance policy required by this clause must provide or be endorsed to state that coverage will not be reduced, canceled, or allowed to expire without at least 30 days written notice to the City, unless due to non-payment of premiums, in which case 10 days written notice is required.
3. Waiver of Subrogation: Each required policy must include an endorsement providing that the insurer will waive any right of subrogation it may have against the
City. Subrecipient hereby agrees to waive subrogation which any insurer of Subrecipient may acquire from Subrecipient by virtue of the payment of any loss.
C. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions for the required insurance policies are subject to prior approval by the City Manager.
Before beginning performance of the Services, Subrecipient must disclose the amounts of the deductibles and self -insured retentions that apply to the required policies . If the City Manager determines that the deductible or self-insured retention for any required policy is unacceptably high, at the option of City, (1) the insurer must reduce or eliminate the deductible or self-insured retention with respect to the Additional Insureds, or (2) the Subrecipient must provide a bond or financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. During the Term of this Agreement, Subrecipient may not increase any deductibles or self-insured retentions with respect to the Additional Insureds, without the prior written consent of the City Manager. The City Manager may condition such consent upon the Subrecipient procuring a bond or financial guarantee that is satisfactory in form to the City, guaranteeing payment of losses and related investigations, claim administration, and defense expenses.
D. Subconsultants or S ubcontractors. Subrecipient must ensure that each subconsultant or subcontractor is required to maintain the same insurance coverage required for Subrecipient under this Section (15), with respect to its performance of Services, including the required endorsements. Subrecipient must confirm that each subconsultant or subcontractor has complied with these insurance requirements before the subconsultant or subcontractor is permitted to begin Services under this Agreement. Upon request by the City, Subrecipient must provide certificates and endorsements submitted by each subconsultant or subcontractor to prove compliance with this requirement. The insurance requirements for subconsultants or subcontractors do not replace or limit the Subrecipient insurance obligations.
(16) Indemnification. Subrecipient shall, to the full est extent permitted by law, indemnify, defend (with counsel acceptable to the City) and hold harmless City, and its employees, officials, volunteers and agents (" Indemnified Parties ") from and against any and all losses, claims, damages, costs and liability of every nature arising out of or resulting from the performance of this Agreement by Subrecipient , its officers, employees, agents, volunteers, subcontractors or sub- consultants, excepting only liability arising from the sole negligence, active negligence or willful misconduct of City. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines, and judgments; associated investigation and administrative expenses; defense costs, including but not limited to reasonable attorneys’ fees; court costs; and costs of alternative dispute resolution.
1. The duty to defend is a separate and distinct obligation from the Subrecipient ’s duty to indemnify. The Subrecipient shall be obligated to defend, in all legal, equitable, administrative, or special proceedings, with counsel approved by the City, the City and its directors, officers, and employees, immediately upon tender to the Subrecipient of the claim in any form or at any stage of an action or proceeding, whether or not liability is established. An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Subrecipient from its separate and distinct obligation to defend City. The obligation to defend extends through final judgment, including exhaustion of any appeals. The defense obligation includes an obligation to provide independent defense counsel if the Subrecipient asserts that liability is caused in whole or in part by the negligence or willful misconduct of an Indemnified Party. If it is finally adjudicated that liability was caused by the sole active negligence or sole willful misconduct of an
Indemnified Party, Subrecipient may submit a claim to the City for reimbursement of reasonable attorneys’ fees and defense costs.
2. In the event that Subrecipient or any employee, agent, subconsultant or subcontractor of Subrecipient providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“ PERS”) to be eligible for enrollment in PERS as an employee of City, Subrecipient shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Subrecipient or its employees, agents, subconsultants or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3. The review, acceptance or approval of the Subrecipient ’s Services or work product by any Indemnified Party shall not affect, relieve or reduce the Subrecipient’s indemnification or defense obligations. The provisions of this Section are not limited by and do not affect the provisions of this Agreement relating to insurance.
4. Acceptance by City of insurance certificates and endorsements r equired under this Agreement does not relieve Subrecipient from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply.
5. By execution of this Agreement, Subrecipient acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, and that these provisions survive the termination of this Agreement.
(17) Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Subrecipient, its employees, agents, or subcontractors by federal or state law, Subrecipient warrants that such license has been obtained, is valid and in good standing, and Subrecipient shall keep it in effect at all times during the Term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and r egulations.
Subrecipient, its subconsultants, and subcontractors, will obtain and maintain a City of San Pablo Business License at all times during the Term of this Agreement.
(18) Employment Practices.
A. Employment of Local Residents. Pursuant to the San Pablo Economic Opportunity Policy, the Subrecipient and any subcontractors shall contact the San Pablo Economic Development Corporation (“ EDC”) at [email protected] or 510-215-3200, at least ten business days prior to hiring or staffing for fulfillment of the Agreement, describing number, duties and qualifications needed for available positions, and shall fairly consider for employment any workers referred by the EDC within three business days. “ Local Resident” means an individual having an adjusted household income of less than the Area Median Income for Contra Costa County, and domiciled in the City of San Pablo as of the relevant hiring date, with “domiciled” as defined by Section 349(b) of the California Election Code. Discrimination against Local Residents on the basis of their local status is prohibited.
B. Compliance With Law. Subrecipient represents that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal opportunity employment.
Subrecipient shall not discriminate in the employment of any person because of race, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act. Subrecipient shall comply with all applicable provisions of the Americans with Disabilities Act of 1990 (“ADA”) in performing its obligations under this Agreement. Failure to comply with the provisions of the ADA shall be a material breach of, and grounds for the immediate termination of, this Agreement. In performing Services and providing services under this Agreement, Subrecipient shall, at its sole cost and expense, comply with all applicable laws of the United States and the State of California; the Ordinances of the City of San Pablo; and the rules, regulations, orders , and directions of their respective administrative agencies and the officers thereof.
(19) Local Subcontracting – Outreach. Subrecipient shall contact the EDC at [email protected] or 510- 215-3200) at least two weeks prior to any subcontract award, providing notice and details regarding subcontracting opportunity. The EDC shall notify qualified local businesses of subcontracting opportunities, and provide technical assistance to qualified local businesses during the subcontracting bidding process.
(20) Termination.
A. Termination for Convenience. City may terminate this Agreement at its sole discretion at any time prior to expiration of the Term or completion by the Subrecipient of the Services required hereunder. Notice of termination of this Agreement shall be given in writing to the Subrecipient, and shall be sufficient and complete when same is deposited in the United States Mail, postage prepaid and certified, address as set forth below in Section ( 21), “Notice s.” The Agreement shall be terminated upon the date set forth in the C ity’s Notice of Termination. If the City terminates this Agreement, the Subrecipient shall be compensated for all Services satisfactorily performed prior to the time of receipt of cancellation notice, and shall be compensated for materials ordered by the Subrecipient or its employees, or services of others ordered by the Subrecipient or its employees, prior to receipt of notice of cancellation whether or not such materials or final instruments of service of others have actually been delivered, provided that the Subrecipient or its employees are not able to cancel such orders for materials or services of others. Compensation for the Subrecipient in the event of cancellation shall be determined by City in accordance with the percentage of Services completed and agreed to by the Subrecipient. In the event of cancellation, all notes, sketches, computations, drawings, and specifications or other data, whether complete or not, remain the property of the City. The City may make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.
B. Termination for Cause. City may terminate this Agreement for cause by providing Subrecipient with one day’s written notice of such termination if Subrecipient violates any of the terms and conditions of this Agreement. In City’s discretion and at City’s option, such termination for cause may alternatively be accomplished, where Subrecipient fails to perform any of the obligations required of Subrecipient within the time and in the manner provided for under the terms of this Agreement, within seven days after receipt of the notice of such default. Upon City's termination of this Agreement for cause, City reserves the right to complete the Services by whatever means City deems expedient and the expense of completing such Services, as well as any and all damages to the extent caused by the negligent acts, intentional acts or errors or omissions of the Subrecipient , shall be charged to the Subrecipient.
C. Immediate Termination. City may terminate this Agreement immediately in any case where the Subrecipient engages in fraudulent or criminal activities while performing the Services, or is otherwise determined to lack the necessary skills to accomplish the desired objectives.
(21) Ownership of Materials. Any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Subrecipient pursuant to this Agreement shall be the property of the City at the moment of their completed preparation. All materials and records of a preliminary nature such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement, shall be made available, upon request, to City at no additional charge and without restriction or limitation on their use consistent with the intent of the original design.
(22) Amendments. This Agreement may be modified or amended only by a written document executed by both Subrecipient and City's City Manager and approved as to form by the City Attorney.
Such document shall expressly state that it is intended by the P arties to amend the terms and conditions of this Agreement.
(23) Abandonment by Subrecipient. In the event the Subrecipient ceases performing Services under this Agreement or otherwise abandons the Agreement prior to completing all of the Services, Subrecipient shall, without delay, deliver to City all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the Services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which City incurs as a result of such cessation or abandonment. Subrecipient agrees to be financially responsible and to compensate City for any costs incurred by City in retaining the services of another to replace Subrecipient , but only to the extent that the costs of retaining the replacement exceed what remaining amounts would have been paid to Subrecipient under the Agreement had Subrecipient completed the Services.
(24) Waiver. The waiver by either Party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement.
(25) No Third-Party Rights. The Parties do not intend to create rights in, or to grant remedies to, any third party as a beneficiary of this Agreement or of any duty, covenant, obligation, or undertaking established herein.
(26) Severability. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either Party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the Parties.
(27) Compliance with Laws. In the performance of this Agreement, Subrecipient shall abide by and conform to any and all applicable laws of the United States, the State of California, and City ordinances. Subrecipient warrants that all Services done under this Agreement will be in compliance with all applicable safety rules, laws, statutes and practices, including but not limited to Cal/OSHA regulations.
(28) Controlling Law and Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California, and venue for any legal action arising from or relating to this Agreement will be in the Superior Court of Contra Costa County, and no other place.
Subrecipient hereby waives the removal provisions of Code of Civil Procedure section 394.
(29) Breach. In the event that Subrecipient fails to perform any of the Services described in this Agreement or otherwise breaches the Agreement, City shall have the right to pursue all remedies provided by law and equity. Neither payment by the City nor performance by Subrecipient shall be construed as a waiver of either Party's rights or rem edies against the other. Failure to require full and timely performance of any provision, at any time, shall not waive or reduce the right to insist upon complete and timely performance of such provision thereafter. In the event of any suit, action or proceeding brought by either P arty for breach of any term hereof or to enforce any provision hereof, the prevailing party shall be entitled to recover its reasonable attorney’s fees.
(30) Inspection by Other Agencies. Authorized representatives of the Federal Government, the California Department of Transportation, or other government agencies which provide grant funding (if any) for this Agreement and the City have the right to inspect Subrecipient’s performance of the Services, files, and work product.
(31) Conflict of Interest. Subrecipient warrants and covenants that Subrecipient presently has no interest in, nor shall any interest be acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law. In the event that any conflict of interest should nevertheless arise, Subrecipient shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement. Subrecipient further warrants its compliance with the Political Reform Act (Gov.
Code section 81000 et seq.) respecting this Agreement. Where City Manager determines, based on facts provided by City staff, that Subrecipient meets the criteria of section 18701 of the FPPC regulations, the individual providing services under this Agreement shall be considered a “designated employee” under the City’s conflict of interest code, and shall be required to complete FPPC Form 700 regarding his or her economic interests in a timely manner.
(32) Copyright. Upon City's request, Subrecipient shall execute appropriate documents to assign to the City the copyright to work created pursuant to this Agreement. The issuance of a patent or copyright to Subrecipient or any other person shall not affect City's rights to the materials and records prepared or obtained in the performance of this Agreement. City reserves a license to use such materials and records without restriction or limitation consistent with the intent of the original design, and City shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by City shall continue for a period of fifty years from the Effective Date unless extended by operation of law or otherwise.
(33) Whole Agreement. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof.
(34) Authority of Parties. Each of the signatories to this Agreement warrants that he or she has the authority to enter into and execute this Agreement and to bind the entity or entities on whose behalf they sign.
(35) Counterparts. This Agreement may be executed in duplicate counterparts.
(36) Multiple Copies of Agreement. Multiple copies of this Agreement may be executed but the parties agree that the Agreement on file in the office of the City Clerk is the version of the Agreement that shall take precedence should any differences exist among counterparts of the document.
(37) Notices. Notices required by this Agreement shall be personally delivered or mailed, postage prepaid, as follows:
To Subrecipient: Manuel Alonso, Executive Director
Earth Team
P.O. Box 250
The Sea Ranch, CA 95497
To the City: City Manager, City of San Pablo
San Pablo City Hall
1000 Gateway Avenue
San Pablo, CA 94806
Each Party shall provide the other Party with telephone and written notice of any change in address as soon as practicable. Notices given by personal delivery shall be effective immediately. Notices given by mail shall be deemed to have been delivered forty-eight hours after having been deposited in the United States mail.
(38) Federal Funding Requirements (if applicable). If this Agreement is subject to federal funding, in whole or in part, it must comply with the uniform federal award procurement requirements set forth in 2 CFR §§ 200.318 – 200.327, as may be amended from time to time, and contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for non-Federal Entity Contracts Under Federal Awards, which are attached to this Agreement as Exhibit C. In the event of a conflict or inconsistency between Exhibit C and this Agreement, Exhibit C will control.
_X_ This Agreement is subject to federal funding. See Exhibit C. ___ This Agreement is not subject to federal funding.
(39) Caltrans Funding Requirements (if applicable). If this Agreement is for architectural and/or engineering services subject to reimbursement or funding, in whole or in part, by Caltrans and administered under the Local Assistance Procedures Manual (“LAPM”), it must include the provisions set forth in Exhibit H, Mandatory Fiscal and Federal Provisions for Architectural and Engineering Consultant Contracts Subject to Caltrans Funding. In the event of any conflict or inconsistency between Exhibit H and this Agreement, Exhibit H will control.
___ This Agreement is subject to funding by Caltrans. See Exhibit H. _X_ This Agreement is not subject to funding by Caltrans.
(40) Drug-Free Workplace. The City makes an ongoing, good faith effort to maintain a drug -free workplace, as required by the EPA General Terms and Conditions included in Exhibit G. The Subrecipient will similarly maintain a drug-free workplace, as required by Exhibit G, and will share all known workplaces under its federal awards with the City.
IN WITNESS WHEREOF, Subrecipient has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By __ ________________________________ Teresa L. Stricker, City Attorney Matt Rodriguez, City Manager
EARTH TEAM
By __________________________________
Manuel Alonso, Earth Team Executive Director
ATTEST:
By _______________________________ Dated _________________________ Dorothy Gantt, City Clerk
Attachments: Exhibit A: Final Grant Application (May 26, 2016) Exhibit B-1: Award Letter W9-99T53401 (September 29, 2016) Exhibit B-2: Assistance Amendment W9-99T53401-1 (May 3, 2019) Exhibit B-3: Award Letter W9-99T53401 (November 3, 2021) Exhibit C: Federal Contract Provisions
Exhibit D: USEPA Subaward Policy
Exhibit E: Workplan and Consultant Budget
Exhibit F: Quarterly Progress Report Template
Exhibit G: EPA General Terms and Conditions
Exhibit A
Final Grant Application (August 18, 2021)
Grant Application Package
CFDA Number:
Opportunity Title:
Offering Agency:
Agency Contact:
Opportunity Open Date:
Opportunity Close Date:
CFDA Description:
Opportunity Number:
Competition ID:
Application Filing Name:
Select Forms to Complete
Mandatory
Optional
Instructions
This electronic grants application is intended to be used to apply for the specific Federal funding opportunity referenced here.
If the Federal funding opportunity listed is not the opportunity for which you want to apply, close this application package by clicking on the "Cancel" button at the top of this screen. You will then need to locate the correct Federal funding opportunity, download its application and then apply.
San Francisco Bay Water Quality Improvement Fund, FY201 Environmental Protection Agency
66.126
The San Francisco Bay Water Quality Improvement Fund
EPA-R9-SFBWQIF-16-01
04/14/2016
05/27/2016
Luisa Valiela at 415-972-3400
City of San Pablo
This opportunity is only open to organizations, applicants who are submitting grant applications on behalf of a company, state, local or tribal government, academia, or other type of organization.
Application for Federal Assistance (SF-424)
EPA Form 4700-4
Project Narrative Attachment Form
EPA KEY CONTACTS FORM
Grants.gov Lobbying Form
Budget Information for Non-Construction Programs (SF-424A) Assurances for Non-Construction Programs (SF-424B)
Disclosure of Lobbying Activities
Other Attachments Form
Show Instructions >>
OMB Number: 4040-0004
Expiration Date: 8/31/2016
* 1. Type of Submission: * 2. Type of Application:
* 3. Date Received: 4. Applicant Identifier:
5a. Federal Entity Identifier: 5b. Federal Award Identifier:
6. Date Received by State: 7. State Application Identifier:
* a. Legal Name:
* b. Employer/Taxpayer Identification Number (EIN/TIN): * c. Organizational DUNS:
* Street1:
Street2:
* City:
County/Parish:
* State:
Province:
* Country:
* Zip / Postal Code:
Department Name: Division Name:
Prefix: * First Name:
Middle Name:
* Last Name:
Suffix:
Title:
Organizational Affiliation:
* Telephone Number: Fax Number:
* Email:
* If Revision, select appropriate letter(s):
* Other (Specify):
State Use Only:
8. APPLICANT INFORMATION:
d. Address:
e. Organizational Unit:
f. Name and contact information of person to be contacted on matters involving this application:
Application for Federal Assistance SF-424
Preapplication
Application
Changed/Corrected Application
New
Continuation
Revision
05/26/2016
City of San Pablo
946000423 1097383560000
13831 San Pablo Ave. Building 1
San Pablo
CA: California
USA: UNITED STATES
94806-3703
Public Works
Mrs. Amanda
Booth
Environmental Program Analyst
City of San Pablo Staff
510-215-3066 510-215-3013
[email protected]
* 9. Type of Applicant 1: Select Applicant Type:
Type of Applicant 2: Select Applicant Type:
Type of Applicant 3: Select Applicant Type:
* Other (specify):
* 10. Name of Federal Agency:
11. Catalog of Federal Domestic Assistance Number:
CFDA Title:
* 12. Funding Opportunity Number:
* Title:
13. Competition Identification Number:
Title:
14. Areas Affected by Project (Cities, Counties, States, etc.):
* 15. Descriptive Title of Applicant's Project:
Attach supporting documents as specified in agency instructions.
Application for Federal Assistance SF-424
C: City or Township Government
M: Nonprofit with 501C3 IRS Status (Other than Institution of Higher Education) Environmental Protection Agency
66.126
The San Francisco Bay Water Quality Improvement Fund
EPA-R9-SFBWQIF-16-01
San Francisco Bay Water Quality Improvement Fund, FY2016 Rumrill Boulevard Complete Green Streets Project
View AttachmentsDelete AttachmentsAdd Attachments
View AttachmentDelete AttachmentAdd AttachmentAttachment 1 - Project Area Map.pdf * a. Federal
* b. Applicant
* c. State
* d. Local
* e. Other
* f. Program Income
* g. TOTAL
.
Prefix: * First Name:
Middle Name:
* Last Name:
Suffix:
* Title:
* Telephone Number:
* Email:
Fax Number:
* Signature of Authorized Representative: * Date Signed:
18. Estimated Funding ($):
21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) ** The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions.
Authorized Representative:
Application for Federal Assistance SF-424
* a. Applicant
Attach an additional list of Program/Project Congressional Districts if needed. * b. Program/Project
* a. Start Date: * b. End Date:
16. Congressional Districts Of:
17. Proposed Project:
a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372.
Yes No
** I AGREE
* 20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes," provide explanation in attachment.) * 19. Is Application Subject to Review By State Under Executive Order 12372 Process? If "Yes", provide explanation and attach
CA-011 CA-011
Add Attachment Delete Attachment View Attachment
06/30/202009/01/2016
864,634.00
49,803.00
672,353.00
0.00 150,446.00
0.00 1,737,236.00
08/31/2016
Add Attachment Delete Attachment View Attachment
Mrs. AMANDA
BOOTH
ENVIRONMENTAL PROGRAM ANALYST
510-215-3066
[email protected]
Amanda Booth 05/26/2016
Preaward Compliance Review Report for
All Applicants and Recipients Requesting EPA Financial Assistance Note: Read Instructions before completing form.
OMB Number: 2030-0020
Expiration Date: 06/30/2017
I. A. Applicant/Recipient (Name, Address, City, State, Zip Code) Name:
Address:
City:
State: Zip Code:
B. DUNS No.
II. Is the applicant currently receiving EPA Assistance? Yes No III. List all civil rights lawsuits and administrative complaints pending against the applicant/recipient that allege discrimination based on race, color, national origin, sex, age, or disability. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7.) IV. List all civil rights lawsuits and administrative complaints decided against the applicant/recipient within the last year that allege discrimination based on race, color, national origin, sex, age, or disability and enclose a copy of all decisions. Please describe all corrective actions taken. (Do not include employment complaints not covered by 40 C.F.R. Parts 5 and 7.) V. List all civil rights compliance reviews of the applicant/recipient conducted by any agency within the last two years and enclose a copy of the review and any decisions, orders, or agreements based on the review. Please describe any corrective action taken. (40 C.F.R. § 7.80(c)(3))
VI. Is the applicant requesting EPA assistance for new construction? If no, proceed to VII; if yes, answer (a) and/or (b) below.
Yes No
a. If the grant is for new construction, will all new facilities or alterations to existing facilities be designed and constructed to be readily accessible to and usable by persons with disabilities? If yes, proceed to VII; if no, proceed to VI(b).
Yes No
b. If the grant is for new construction and the new facilities or alterations to existing facilities will not be readily accessible to and usable by persons with disabilities, explain how a regulatory exception (40 C.F.R. 7.70) applies.
VII. Does the applicant/recipient provide initial and continuing notice that it does not discriminate on the basis of race, color, national origin, sex, age, or disability in its program or activities? (40 C.F.R 5.140 and 7.95) Yes No
a. Do the methods of notice accommodate those with impaired vision or hearing? Yes No b. Is the notice posted in a prominent place in the applicant's offices or facilities or, for education programs and activities, in appropriate periodicals and other written communications? Yes No
c. Does the notice identify a designated civil rights coordinator? Yes No VIII. Does the applicant/recipient maintain demographic data on the race, color, national origin, sex, age, or handicap of the population it serves? (40 C.F.R. 7.85(a)) Yes No
IX. Does the applicant/recipient have a policy/procedure for providing access to services for persons with limited English proficiency? (40 C.F.R. Part 7, E.O. 13166) Yes No
City of San Pablo
13831 San Pablo Ave. Building 1
San Pablo
CA: California 94806
1097383560000
None.
None.
None.
X. If the applicant is an education program or activity, or has 15 or more employees, has it designated an employee to coordinate its compliance with 40 C.F.R. Parts 5 and 7? Provide the name, title, position, mailing address, e-mail address, fax number, and telephone number of the designated coordinator.
XI. If the applicant is an education program or activity, or has 15 or more employees, has it adopted grievance procedures that assure the prompt and fair resolution of complaints that allege a violation of 40 C.F.R. Parts 5 and 7? Provide a legal citation or Internet Address for, or a copy of, the procedures.
For the Applicant/Recipient
I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete. I acknowledge that any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law. I assure that I will fully comply with all applicable civil rights statutes and EPA regulations.
A. Signature of Authorized Official B. Title of Authorized Official C. Date For the U.S. Environmental Protection Agency
I have reviewed the information provided by the applicant/recipient and hereby certify that the applicant/recipient has submitted all preaward compliance information required by 40 C.F.R. Parts 5 and 7; that based on the information submitted, this application satisfies the preaward provisions of 40 C.F.R. Parts 5 and 7; and that the applicant has given assurance that it will fully comply with all applicable civil rights statures and EPA regulations.
A. *Signature of Authorized EPA Official B. Title of Authorized Official C. Date Tina Gallegos
Asst. to the City Manager
City Manager’s Office – Bldg. 1
510.215.3002 | Main Phone
13831 San Pablo Avenue, San Pablo, CA 94806
See Attachment 7
Amanda Booth ENVIRONMENTAL PROGRAM ANALYST 05/26/2016
* See Instructions
Instructions for EPA FORM 4700-4 (Rev. 06/2014)
General. Recipients of Federal financial assistance from the U.S. Environmental Protection Agency must comply with the following statutes and regulations.
Title VI of the Civil Rights Acts of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. The Act goes on to explain that the statute shall not be construed to authorize action with respect to any employment practice of any employer, employment agency, or labor organization (except where the primary objective of the Federal financial assistance is to provide employment). Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act provides that no person in the United States shall on the ground of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under the Federal Water Pollution Control Act, as amended. Employment discrimination on the basis of sex is prohibited in all such programs or activities. Section 504 of the Rehabilitation Act of 1973 provides that no otherwise qualified individual with a disability in the United States shall solely by reason of disability be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Employment discrimination on the basis of disability is prohibited in all such programs or activities. The Age Discrimination Act of 1975 provides that no person on the basis of age shall be excluded from participation under any program or activity receiving Federal financial assistance.
Employment discrimination is not covered. Age discrimination in employment is prohibited by the Age Discrimination in Employment Act administered by the Equal Employment Opportunity Commission. Title IX of the Education Amendments of 1972 provides that no person in the United States on the basis of sex shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. Employment discrimination on the basis of sex is prohibited in all such education programs or activities. Note: an education program or activity is not limited to only those conducted by a formal institution. 40 C.F.R. Part 5 implements Title IX of the Education Amendments of 1972. 40 C.F.R. Part 7 implements Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of The Rehabilitation Act of 1973. The Executive Order 13166 (E.O. 13166) entitled; "Improving Access to Services for Persons with Limited English Proficiency" requires Federal agencies work to ensure that recipients of Federal financial assistance provide meaningful access to their LEP applicants and beneficiaries.
Items “Applicant” means any entity that files an application or unsolicited proposal or otherwise requests EPA assistance. 40 C.F.R. §§ 5.105, 7.25. “Recipient” means any entity, other than applicant, which will actually receive EPA assistance. 40 C.F.R. §§ 5.105, 7.25. “Civil rights lawsuits and administrative complaints” means any lawsuit or administrative complaint alleging discrimination on the basis of race, color, national origin, sex, age, or disability pending or decided against the applicant and/or entity which actually benefits from the grant, but excluding employment complaints not covered by 40 C.F.R. Parts 5 and 7. For example, if a city is the named applicant but the grant will actually benefit the Department of Sewage, civil rights lawsuits involving both the city and the Department of Sewage should be listed. “Civil rights compliance review” means any review assessing the applicant’s and/or recipient’s compliance with laws prohibiting discrimination on the basis of race, color, national origin, sex, age, or disability.
Submit this form with the original and required copies of applications, requests for extensions, requests for increase of funds, etc. Updates of information are all that are required after the initial application submission. If any item is not relevant to the project for which assistance is requested, write “NA” for “Not Applicable.” In the event applicant is uncertain about how to answer any questions, EPA program officials should be contacted for clarification. * Note: Signature appears in the Approval Section of the EPA Comprehensive Administrative Review For Grants/Cooperative Agreements & Continuation/Supplemental Awards form.
Project Narrative File(s)
* Mandatory Project Narrative File Filename:
To add more Project Narrative File attachments, please use the attachment buttons below.
Project Narrative- City of San Pablo's Rumrill Complet
View Mandatory Project Narrative FileDelete Mandatory Project Narrative FileAdd Mandatory Project Narrative File Add Optional Project Narrative File Delete Optional Project Narrative File View Optional Project Narrative File OMB Number: 2030-0020
Expiration Date: 06/30/2017
EPA KEY CONTACTS FORM
Authorized Representative: Original awards and amendments will be sent to this individual for review and acceptance, unless otherwise indicated.
Name: Prefix: First Name: Middle Name:
Last Name: Suffix:
Title:
Complete Address:
Street1:
Street2:
City: State:
Zip / Postal Code: Country:
Phone Number: Fax Number:
E-mail Address:
Payee: Individual authorized to accept payments.
Name: Prefix: First Name: Middle Name:
Last Name: Suffix:
Title:
Complete Address:
Street1:
Street2:
City: State:
Zip / Postal Code: Country:
Phone Number: Fax Number:
E-mail Address:
Administrative Contact: Individual from Sponsored Programs Office to contact concerning administrative matters (i.e., indirect cost rate computation, rebudgeting requests etc).
Name: Prefix: First Name: Middle Name:
Last Name: Suffix:
Title:
Complete Address:
Street1:
Street2:
City: State:
Zip / Postal Code: Country:
Phone Number: Fax Number:
E-mail Address:
EPA Form 5700-54 (Rev 4-02)
Mr. MATT
RODRIGUEZ
CITY MANAGER
13831 SAN PABLO AVE. BUILDING 1
SAN PABLO CA: California
94806 USA: UNITED STATES
510-215-3000
[email protected]
Mr. KELLY
SESSIONS
FINANCE DIRECTOR
13831 SAN PABLO AVE. BUILDING 2
SAN PABLO CA: California
94806 USA: UNITED STATES
510-215-3020
[email protected]
Mrs. AMANDA
BOOTH
ENVIRONMENTAL PROGRAM ANALYST
13831 SAN PABLO AVE. BUILDING 3
SAN PABLO CA: California
94806 USA: UNITED STATES
510-215-3066
[email protected]
EPA KEY CONTACTS FORM
Project Manager: Individual responsible for the technical completion of the proposed work.
Name: Prefix: First Name: Middle Name:
Last Name: Suffix:
Title:
Complete Address:
Street1:
Street2:
City: State:
Zip / Postal Code: Country:
Phone Number: Fax Number:
E-mail Address:
EPA Form 5700-54 (Rev 4-02)
Mr. Christopher
Gioia
Senior Civil Engineer
13831 San Pablo Ave. Building 3
San Pablo CA: California
94806 USA: UNITED STATES
510-215-3062 510-215-3013
[email protected]
Certification for Contracts, Grants, Loans, and Cooperative Agreements (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ''Disclosure of Lobbying Activities,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
* APPLICANT'S ORGANIZATION
* SIGNATURE: * DATE:
* PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE
Suffix:
Middle Name:
* Title:
* First Name:
* Last Name:
Prefix:
CERTIFICATION REGARDING LOBBYING
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
The undersigned certifies, to the best of his or her knowledge and belief, that:
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
City of San Pablo
Mrs. AMANDA
ENVIRONMENTAL PROGRAM ANALYST
BOOTH
Amanda Booth 05/26/2016
SECTION A - BUDGET SUMMARY
$
BUDGET INFORMATION - Non-Construction Programs OMB Number: 4040-0006 Expiration Date: 01/31/2019
Grant Program
Function or
Activity
(a)
Catalog of Federal
Domestic Assistance
Number
(b)
Estimated Unobligated Funds New or Revised Budget
Federal
(c)
Non-Federal
(d)
Federal
(e)
Non-Federal
(f)
Total
(g)
5. Totals
4. 3.
2. 1. $$$$
$$$$$
Standard Form 424A (Rev. 7- 97)
Prescribed by OMB (Circular A -102) Page 1
EPA San Francisco
Bay Water Quality
Improvement Fund
66.126 864,634.00 872,602.00 1,737,236.00
864,634.00 872,602.00 1,737,236.00
SECTION B - BUDGET CATEGORIES
7. Program Income
d. Equipment
e. Supplies
f. Contractual
g. Construction
h. Other
j. Indirect Charges
k. TOTALS (sum of 6i and 6j)
i. Total Direct Charges (sum of 6a-6h)
(1)
Authorized for Local Reproduction
Prescribed by OMB (Circular A -102) Page 1A
Standard Form 424A (Rev. 7- 97)
GRANT PROGRAM, FUNCTION OR ACTIVITY
(2) (3) (4) (5)
Total6. Object Class Categories
a. Personnel
b. Fringe Benefits
c. Travel
$$$$$
$$$$$
$$$$$
$
$
EPA San Franc isco
Bay Water Quality
Improvement Fund
146,711.00
37,290.00
29,405.00
0.00 25,050.00
1,431,580.00
0.00 67,200.00
1,737,236.00
1,737,236.00
146,711.00
37,290.00
29,405.00
25,050.00
1,431,580.00
67,200.00
1,737,236.00
1,737,236.00
SECTION D - FORECASTED CASH NEEDS
14. Non-Federal
SECTION C - NON-FEDERAL RESOURCES
(a) Grant Program (b) Applicant (d) Other Sources (c) State (e)TOTALS $
$
$$ $
$
$
$
$
$8.
9. 10.
11. 12. TOTAL (sum of lines 8-11)
15. TOTAL (sum of lines 13 and 14)
13. Federal
Total for 1st Year 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter $$
$$ $
$$ $ $
FUTURE FUNDING PERIODS (YEARS)
SECTION F - OTHER BUDGET INFORMATION
SECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECT Authorized for Local Reproduction
$
$
$$
$
$16.
17. 18.
19. 20. TOTAL (sum of lines 16 - 19)
21. Direct Charges: 22. Indirect Charges:
23. Remarks:
(a) Grant Program
(b)First (c) Second (d) Third (e) Fourth
$$
Standard Form 424A (Rev. 7- 97)
Prescribed by OMB (Circular A -102) Page 2
EPA San Franc isco Bay Water Qual ity Improvement Fund 49,803.00 672,353.00 150,446.00 872,602.00 49,803.00 672,353.00 150,446.00 872,602.00
276,386.00
35,477.00
311,863.00
35,477.00
35,477.00
70,954.00
240,909.00
240,909.00
EPA San Franc isco Bay Water Qual ity Improvement Fund 517,294.00 35,477.00 35,477.00 517,294.00 35,477.00 35,477.00
No estimated indirect charges
1. OMB Number: 4040-0007
Expiration Date: 01/31/2019
ASSURANCES - NON-CONSTRUCTION PROGRAMS
Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503.
PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY.
NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances.
If such is the case, you will be notified.
As the duly authorized representative of the applicant, I certify that the applicant:
Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay the non-Federal share of project cost) to ensure proper planning, management
and completion of the project described in this
application.
Act of 1973, as amended (29 U.S.C. §794), which
prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.
S.C. §§6101-6107), which prohibits discrimination on
the basis of age; (e) the Drug Abuse Office and
Treatment Act of 1972 (P.L. 92-255), as amended,
relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or
alcoholism; (g) §§523 and 527 of the Public Health
Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290
ee- 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as
amended, relating to nondiscrimination in the sale,
rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and, (j) the requirements of any other
nondiscrimination statute(s) which may apply to the
application.
2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State,
through any authorized representative, access to and
the right to examine all records, books, papers, or
documents related to the award; and will establish a
proper accounting system in accordance with generally
accepted accounting standards or agency directives.
3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational
conflict of interest, or personal gain.
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.
5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed
standards for merit systems for programs funded under
one of the 19 statutes or regulations specified in
Appendix A of OPM's Standards for a Merit System of
Personnel Administration (5 C.F.R. 900, Subpart F).
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to:
(a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education
Amendments of 1972, as amended (20 U.S.C.§§1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Previous Edition Usable Standard Form 424B (Rev. 7-97)
Prescribed by OMB Circular A-102Authorized for Local Reproduction
7. Will comply, or has already complied, with the
requirements of Titles II and III of the Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 (P.L. 91-646) which provide for
fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or
federally-assisted programs. These requirements
apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
8. Will comply, as applicable, with provisions of the
Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328)
which limit the political activities of employees whose principal employment activities are funded in whole
or in part with Federal funds.
Standard Form 424B (Rev. 7-97) Back
9. 12.
Will comply, as applicable, with the provisions of the Davis- Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract
Work Hours and Safety Standards Act (40 U.S.C. §§327-
333), regarding labor standards for federally-assisted
construction subagreements.
Will comply with the Wild and Scenic Rivers Act of
1968 (16 U.S.C. §§1271 et seq.) related to protecting
components or potential components of the national
wild and scenic rivers system.
10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P.L. 93-234) which requires
recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more.
11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and
Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management
program developed under the Coastal Zone Management
Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as
amended (42 U.S.C. §§7401 et seq.); (g) protection of
underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended (P.L. 93-523);
and, (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-
205).
13. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U.S.C. §470), EO 11593
(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of
1974 (16 U.S.C. §§469a-1 et seq.).
14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and
related activities supported by this award of assistance.
15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et
seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
other activities supported by this award of assistance.
16. Will comply with the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. §§4801 et seq.) which
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act Amendments of 1996 and OMB Circular No. A-133,
"Audits of States, Local Governments, and Non-Profit
Organizations."
18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies governing this program.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TITLE
DATE SUBMITTEDAPPLICANT ORGANIZATION
Will comply with the requirements of Section 106(g) of
the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant award
recipients or a sub-recipient from (1) Engaging in severe forms of trafficking in persons during the period of time that the award is in effect (2) Procuring a commercial
sex act during the period of time that the award is in
effect or (3) Using forced labor in the performance of the award or subawards under the award.
19. ENVIRONMENTAL PROGRAM ANALYST
City of San Pablo
Amanda Booth
05/26/2016
Abstract – City of San Pablo’s Rumrill Complete Green Streets Project The City of San Pablo is a disadvantage community located in West Contra Costa County with a proposed project area that expands across a three mile major city corridor. The Rumrill Complete Green Streets Project is an overhaul of Rumrill Boulevard with the goals to encourage multiple modes of transportation and improve water quality by installing Low Impact Development (LID) in an area of high water quality concern. The project will install ~11,500 square feet of LID facilities that will reduce polychlorinated biphenyl (PCB) and Mercury loading to the San Francisco Bay, decrease minor localized flooding, increase infiltration into the groundwater and educate students and local residents about water quality and the effects of trash in our waterways.
Applicant: City of San Pablo
Funding Requested: $864,634
Total Project Cost: $1,737,236
Project Period: Four Years (September 2016 - June 2020) Measurable Outcomes: ~58 grams reduction in PCB loading to San Francisco Bay, ~18 grams reduction in Mercury loading to San Francisco Bay, ~15 acres of treated impervious surface area with the ability to treat ~2 million gallons of urban runoff annually, reduce flooding through improved stormwater infrastructure by ~2.5 million gallons annually, plant 183 trees.
1. Project Description
Geographic Location
San Pablo is located in West Contra Costa County off I-80 between Richmond and Pinole. The proposed project area expands across the southern part of San Pablo at Costa Ave nue to the northern part of San Pablo at San Pablo Ave nue, Figure 1 and Attachment 1 . This area encompasses industrial, commercial and residential neighborhoods. The southern part of the Rumrill Boulevard, (between Sanford Ave and Market) is an area of specific interest for targeted stormwater improvements due to increased level of polychlorinated biphenyls (PCBs) sampled in this area and localized flooding that occurs on Chelsey Avenue and Sutro Avenue (also called California Street).
Figure 1: Map of Geographic Location
Rumrill Boulevard
Complete Streets Project
Area
Area of Water Quality
Concern and LID
EarthTeam Trash
Assessment Area
Richmond High (Earth
Team campus activities)
Area of PCB Concern
San Pablo City Limits
Project Overview and Area
The Rumrill Complete Green Streets Project (the project) is an overhaul of the Rumrill corridor with the goals to:
develop a “Complete Street” that encourages multiple modes of transportation and supports future growth;
improve water quality, reduce minor flooding and increase greening along the corridor by including Low Impact Development (LID);
increase safety with improved lighting and additional pedestrian cross walks; increase the sustainability and economic vitality of area; and encourage active living.
This corridor is currently negatively impacted by connectivity gaps and lack s appropriate pedestrian, bicycle and stormwater infrastructure. The project will calm traffic, i mprove safety, increase the appeal of walking and bicycling , improve stormwater quality and enhance the appearance of the corridor for businesses, residents, and everyday travel. It will improve the sidewalk and street edge with a separated space for bicyclists and landscaping (which will double as pollutant treating LID), enhance multi -modal safety by reducing the number of travel lanes, and provides shorter crossings with enhanced sidewalks throughout the corridor. The project removes barriers by making sidewalk improvements in locations where they are currently narrow and by constructing dedicated bicycle lanes there will be less conflicts between bicycles, pedestrians and automobiles. Specific improvements that will be constructed as part of the project include pavement striping, concrete sidewalk, concrete curb ramps, pavement slurry seal, asphalt repair, flashing beacons, traffic signal improvements, overhead utility undergrounding, bicycle/pedestrian lighting, signage, bus shelters, trash enclosures, bicycles racks, storm drainage improvements and median/buffer landscaping.
This project covers the length of Rumrill Boulevard through the City of San Pablo, as show on Figure 1 and Attachment 1. Rumrill Boulevard serves a variety of roles in these cities but most importantly it is one of two continuous north-south roadways through the area , connecting Central Richmond and the Richmond BART stations to key commercial nodes and destinations in San Pablo. Average automobile traffic volume ranges from 15,019 to 18,910 daily trips along different parts of the corridor.
The existing configuration of the project area lacks adequate parking, sidewalks and bicycle facilities along the full span of the corridor which impedes the community’s ability to walk and bike on Rumrill Boulevard. One of the major goals of this project is to improve multi -modal transport in the area, which would help to reduce vehicle traffic and promote modes of transport that have a reduced impact on water quality and climate change. Improving cycletracks and increased cycling will help to improve water quality by reducing pollutants from vehicles and can help to reduce the City’s greenhouse gas emissions to help the City meet goals in their Climate Action Plan.
Water Quality Improvements
Low Impact Design
As part of the wider Rumrill Complete Streets Project the City of San Pablo would like to include LID. The City will review a variety of different LID concepts including bioretention facilities, pervious pavement and Silva Cells along Rumrill Boulevard and Sutro Avenue to try and maximize the treatment area due to limited roadway space. Bioretention facilities are a proven design aspect that retains runoff in a surface reservoir, filters it through plant roots and biologically activated soil and encourages infiltration into groundwater . Figure 2 and Attachment 3 provide a cross section of a typical bioretention facility that would be developed as part of this project.
Figure 2: Bioretention Facility Cross Section
The potential Silva Cell & pervious pavement system is a modular suspended pavement system that uses soil volumes to support large tree growth and provide on-site stormwater management through absorption, evapotranspiration, and interception. Silva Cells work much like a bioretention facility however it allows for the space above treatment to be used for parking or walking.
Current project designs can be found in Attachment 3. This document provides the location, treatment size and drainage area for each of the proposed LID aspects . There are proposed LID facilities along Rumrill Boulevard and at the corner of Sutro Avenue and Fillmore Street. Sutro Avenue has limited space for roadside LID, however the City owns a property on this street and is will ing to use this area for water treatment. This project is located in both the Wildcat Creek Watershed and the San Pablo Creek Watershed (see Attachment 2) however all of the LID aspects will be located in the Wildcat Creek Watershed. The Wildcat Creek area was targeted for LID due to water quality issues and because LID implementation was identified as a recommended action in the Wildcat Creek Restoration Action Plan (WRAP), which is included in the Bay Area Integrated Regional Water Management Plan. In total this project is expected to treat ~15.8 acres of land with ~11,567 square feet of treatment area. The LID facilities will be designed to treat known pollutants to the Bay Area such as PCBs, Mercury and Polycyclic Aromatic Hydrocarbons (PAHs) . In addition, these facilities will act and be maintained as Full Trash Capture (FTC) devices, therefore reducing the amount of litter that reaches Wildcat and San Pablo Creeks and the San Francisco Bay (the Bay).
Flood Reduction and Climate Resilient Design
As part of this project the City of San Pablo will address a minor flooding problem due to inadequate stormwater infrastructure at the corners of Sutro Avenue and Fillmore St reet and at Chelsey Avenue and Rumrill Avenue. By installing bioretention in these areas the City will increasing the volume of stormwater that can be collected and will connect inlets to the mai n storm drain line to reduce flooding conditions. The proposed LID facilities in this area will be able to capture over ~2.5 million gallons of rainfall annually to reduce flooding. Increasing the volume of rainfall that the City of San Pablo infrastructure can appropriately manage will better help the City of San Pablo to adapt to Climate Change and the possibility of incre ased rainfall from large storm events.
Trash Assessments, Litter Removal and Tree Plantings
The City of San Pablo will be partnering with Earth Team’s Sustainable Youth Internships (SYI) program to deliver hands-on environmental education, training and com munity outreach. Several teams of high school students will be recruited and trained to help restore local watersheds through yearlong service learning projects in support of the Complete Green Streets project. Students will be trained in specific proje ct-based skills and will conduct a range of scientific and environmental monitoring techniques including litter surveys and trash assessments, restoration techniques, and more. Student-interns will use research data to engage on
campus peers and the greater community through monthly educational outreach events and campaigns aimed at increasing environmental awareness and involvement in the community.
Earth Team will provide 4 years of environmental education and monitoring services to the Complete Green Streets project. 28 students, divided in two separate teams of 14 students each, will be trained each year to implement a Zero Litter project in Rumrill Boulevard with three main outcomes:
Educating 3,000 peers on two campuses and 4,000 City of San Pablo c ommunity members on the benefits of green infrastructure projects and the impacts of litter pollution on our water resources. Implementing existing litter assessment and monitoring platform (zerolitter.org) to guide data-driven reduction and prevention actions that will lower the litter load in the Complete Green Streets project area.
Implementing a tree planting (183 trees) and vegetation monitoring component that will result in increased stormwater capturing (50,000 to 100,000 gallons/yr.) in conjunction with the LID facilities.
These outcomes will be accomplished by the following activities:
• Annually recruit 28 underserved youth in two Title 1 schools as interns to receive 120 hours/yr . of hands-on environmental education and training (32 weekly afterschool meetings/field events). • Use the Zero Litter web -based database platform to conduct and display results of all litter assessments in the project area (monitoring of up to 10,000 pieces of litter/yr.). A “live” litter density map will be available to the City of San Pablo on an ongoing basis to monitor litter reduction targets in the Complete Streets area. For example trash map see Attachment 4. • Monitor 3 trash capture devices in the area and the effect of litter prevention and reduction activities, to help keeping the devices working under maximum capacity. • Organize 12 on -campus activities per year to engage s chool staff and up to 3,000 peers in litter reduction actions, promoting behavior changes and system changes (school waste stream improvements implementing and maintaining 3 stream systems and bin monitoring). • Organize 6 public outreach and education camp aigns per year to engage the Complete Streets local community in the litter reduction objectives, educating and engaging community leaders and local businesses on how to address water pollution and its impact on human health and wildlife habitat. • Work with a professional urban forester to train one of the teams as arborists to plant 183 trees in the Complete Streets project area, in addition to monitoring the vegetation of the bioswales, providing the City of San Pablo with survivorship rates, etc.
• Provide employment and training opportunities (“green skills for green jobs”) to up to 28 underserved youth per year in the local community, using the afterschool internships model.
Property Referral and PCB Load Reduction
In June 2015 the Contra Costa Clean Wat er Program (CCCWP) and the City of San Pablo performed sediment sampling along Rumrill Boulevard and Sutro Avenue as part of a County wide program to screen potentially high opportunity industrial areas for PCBs. This sampling demonstrated increased levels of PCBs (1.13ppb) in this area. After additional sampling to eliminate one property and research on surrounding properties it is believed that the source of PCBs is from a remnant DTSC cleanup site that is located adjacent to this neighborhood. The adjacent suspected site was previously acting under Department of Health Services (DHS) oversight for PCB cleanup due to a 12,000 gallon PCB oil spill and records indicate that the property removed PCB soils to a cleanup level of 50 parts per million (ppm), however site screening records state that DHS “had not conducted a follow-up inspection.” Although 50ppm is considered acceptable for human health standards the Total Maximum Daily Load (TMDL) suggests a sediment goal of 1 part per billion (ppb) as an acceptable limit to meet the Bay Area TMDL requirement . This property has been neglected by the owners and it is believed that through, wind, rain and vehicle transport sediment with increased levels of PCBs have migrated off this site and have created a “halo effect” of increase PCB levels in the surrounding neighborhood.
In conjunction with this project, the City of San Pablo will be working with the City of Richmond and the CCCWP to perform additional sampling in the Rumrill neighborhood to develop lines of evidence for a source property referral for the suspect PCB source property. By submitting a property referral to the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) the Rumrill Complete Streets Project LID features will be acting as the “Enhanced Operations and Maintenance Measures” for the San Pablo jurisdiction that is currently being a ffected by the suspected property. These “Enhanced Operations and Maintenance Measures ” will provide a large PCB loading reduction to the Bay by treating much of the affected “halo” area.
Summary Water Quality Benefit
Through the above mentioned aspects t he following water quality benefits are estimated f or the Rumrill Complete Green Streets Project over the lifetime of the project:
Reduction of PCB loading to the Bay by ~58 grams/year Reduction of Mercury loading to the Bay by ~18 grams/year Reduction in stormwater pollutants such as PAHs and heavy metals by 40%-80% ~15 acres of treated impervious surface area with the ability to treat ~2 million gallons of urban runoff annually
Reduction of localized flooding by ~2.5 million gallons on Sutro Ave, Chelsey Ave. and Rumrill Ave . through improved storm drain infrastructure and increase water retention volume. Reduction in trash entering Wildcat Creek and San Pablo Creek A breakdown and calculations of the PCB and Mercury load reduction can be found in Section 2- Environmental Benefits.
Water Quality Urgency Context
The Rumrill Complete Streets project has received funding from the Active Transport Program (ATP) to improve the corridor and encourage multi -modal transport however without funding from the EPA SFBQWIF the LID aspects of this project will not move forward. In addition, this project is currently on a stringent timeframe and if funding is not received this year LID aspects will not be included.
Disadvantage Community
The City of San Pablo is home to a diverse community, the members of which are largely Latino and other minority groups, with total population of 30,566 made up of 54% Latino, 17% Asian, 14% African-American and 12% white (American Community Survey 2005-2009). Based on input from the Regional Equity Working Group, this report defines “communities of concern” as census tracts having either:
1) Significant concentrations of both low-income and minority residents; or 2) Significant concentrations of any four or more of the following:
a. minority persons;
b. low-income persons below 200% of the federal poverty level (about $44,000 per year for a family of four);
c. persons with Limited English Proficiency;
d. seniors aged 75 and over;
e. single-parent families; and
f. housing units occupied by renters paying more than 50% of household income on rent.
In the City of San Pablo, 67% speak another language besides English at home, the median household income is $44,984, almost 21% of the population below poverty level and the majority of the population is part of a minority group. Therefore, this project is considered to be located entirely within a “Community of Concern”.
Link to EPA Strategic Plan and SFEP Comprehensive Conservation Management Plan (CCMP) EPA Strategic Plan How EPA Objectives will be met through the Rumrill Green Complete Streets Project
Improve and restore impaired water
quality on a watershed basis and
facilitate ecosystem-scale protection
and restoration
The San Francisco Bay is currently listed as an impaired water body due to Mercury and PCB pollutants. Therefore, the project will help to meet this goal by implementing LID facilities in the Wildcat Creek Watershed that will treat pollutants such as PCBs, Mercury and PAHs.
SFEP Comprehensive Conservation
Management Plan (CCMP) Actions
How CCMP Objectives will be met through the Rumrill Green Complete Streets Project
AR-9.2 Expand existing marine debris
prevention and cleanup programs and
develop new initiatives to reduce
discharge of debris to waterways.
As part of this project all of the bioretention swales will operat e as “Full trash Capture” device. Therefore, they will capture trash along the roadway in the retention areas which will prevent trash from entering the storm drain system and depositing along the creeks and the Bay. In addition, students will be performing litter assessments and pick-ups to help reduce the trash entering the creeks.
PO 1.8 Develop and implement
programs to prevent pollution of the
Estuary by other harmful pollutants like
trash, bacteria, sediments and
nutrients.
This project implements LID features that will treat pollutants such as PCBs, Mercury, PAHs and trash. LID facilities also reduce the amount of sediment and nutrients from entering the storm drain system and being deposited in Wildcat Creek.
PO-2.4 Improve the management and
control of urban runoff from public and
private sources.
This project is encouraging the “new way of thinking” by transforming storm drain systems from a traditional convey and release to a resource that we can use to water our medians, replenish our groundwater systems and the project treats the water prior to release to groundwater, creeks and the Bay.
PO-2.5 Develop and implement control
measures to reduce pollutant loadings
from energy and transportation
systems.
The project will increase the opportunity for safe multi-modal transport, encouraging biking and pedestrian transport. By reducing the number of cars on the road, this will have the flow-on effect of reducing the amount of hydrocarbons and other pollutants that vehicles release.
PO-3.1 Clean up contaminants currently
affecting fish, wildlife, their habitats,
and food supplies in the Bay and Delta.
As part of the project the City of San Pablo, the City of Richmond and the Contra Costa Clean Water Program will be working with the RWQCB to find and refer a source property that is leaking PCB laden sediment into the public right of way and ultimately to our creeks and the Bay.
LU-1.6 Continue and enhance training
and certification for planners, public
works departments, consultants, and
builders on sustainable design and
building practices with the goal of
preventing or minimizing alteration of
watershed functions (e.g., groundwater
infiltration, stream channel and
floodplain maintenance), and
preventing construction-related erosion
and post-construction pollution.
As part of the project the City of San Pablo will be educating the public, students, City staff, local agencies and local non-profits through presentations and educational signs along the corridor.
This project will also be used to inform the City’s Green Infrastructure Plan (NPDES requirement). Therefore, we will be training our planning department, public works department (including our maintenance crew) on proper implementation and maintenance of LID.
The City of San Pablo hopes to present the project at a CASQA conference to educate consultants, municipalities and state organization about lessons learned and project successes.
2. Environmental Benefits
Quantifiable Benefits
PCB and Mercury Reduction Quantification
Estimated reduction in loading to the Bay is derived from the draft Interim Accounting Method (to be approved by the SFBRWQCB in 2016). The accounting methodology is based on the 2014 Integrated Monitoring Report Part B: PCB and Mercury Loads Avoided and Reduced via Stormwater Control Measures . A similar interim accounting methodology was approved by the SFBRWQCB and is included in the Fac t Sheet of the NPDES permit for the Bay Area. The SFBRWQCB has established a requirement of 3,000 gr/yr PCB Load Reduction for the Bay Area by 2020. Contra Costa County has been allocated 560 of these 3,000 grams for reduction. Of the 560 grams for Contra Costa County 373.3 grams will be reduced through a “PCB in Demolition Program.” This leaves 186.7 grams to be achieve by projects. This project could provide between 20% and 31% of this required allocation (depending on the timeframe of the remediation). San Pablo will provide EPA with confirmation of specific loading reductions through the Quarterly Progress Reports and the Final Report.
Table 1: Estimate Lifetime PCB and Mercury Loading Reductions Project Area Land Use
Type Acres
PCB
Reduction
Factor
(g/yr.)*
Mercury
Reduction
Factor
(g/yr.)*
PCB Load
Reduction
(g/yr.)
Mercury
Load
Reduction
(g/yr.)
Load Reduction
Method
Suspected Source
Property on Chelsey
Ave
Source
Property 10.50 4.035 1.085 42.36 11.39
Property Referral,
remediation & City
treatment
Source Area on Sutro
and Rumrill
Source
Area 3.91 4.062 1.267 15.88 4.95 Treatment
Rumrill Boulevard Industrial 1.31 0.083 1.267 0.11 1.66 Treatment Rumrill Boulevard Old Urban 0.16 0.0268 0.182 0.00 0.03 Treatment Project Lifetime Total 15.88 58.36 18.01
*Reductions Factors are based on land use types as defined in the 2014 Integrated Monitoring Report Part B
Non-TMDL Pollutant Treatment
In addition to reducing the loading of TMDL pollutants PCB and Mercury, s tudies of effectiveness of LID methods have shown that bioretention facilities and pervious pavement are effective at removing 40%-80% of PAHs and heavy metals from urban runoff. 1
Monitoring
The project will develop a Quality Assurance Project Plan (QAPP) for PCB sampling and litter assessments with monitoring. These QAPPs will be submitted to the EPA for approval. Currently the project does not plan on performing water quality monitoring for the LID facilities because after discussions with water monitoring experts it was decided that the facilities may not be suitable for influent/effluent monitoring. It is likely that the LID fa cilities will have multiple curb-cut inputs along its length therefore sheet flow will be entering in various locations. In this situation there is no simple way to characterize all potential sources of PCBs to the swale. However, if EPA desired the project team would be open to discussion on water quality monitoring.
1 Sirova, Viktoriya, "Urban Stormwater Management: Treatment of Heavy Metals and Polycyclic Aromatic Hydrocarbons with Bioretention and Permeable Pavement Technologies" (2015). Master's Projects. Paper 247
Outputs and Outcomes
Table 2: Outputs and Outcomes
Outputs
(activity, effort and/or work product during project
period)
Outcomes
(quantitative environmental results)
Short-Term (1-5 Years) Long-Term (5-20+ Years)
Reports- Development of QAPP, Quarterly Progress
Reports and a Final Project Report with monitoring
results
Perform targeted PCB sampling in the southern Rumrill
neighborhood in partnership with City of Richmond and
the Contra Costa Clean Water Program
Develop a final design and landscape plan
Complete environmental review and CEQA for the
project
Construction of the LID facilities and complete streets project in accordance with the plans and specifications
Install educational signs along the corridor describing the project and the water quality benefits of LID
facilities
Provide education sessions and presentations about the
project with partners including EarthTeam and the
Contra Costa Clean Water Program
Use Zero Litter platform to conduct and display litter
assessments over a 4 year period
EarthTeam Student Interns organize 48 on campus litter
reduction activities
Earth Team Student Interns organize 24 litter reduction public outreach campaigns
Earth Team Student Interns organize and execute
vegetation monitoring
Treat ~15 acres of
impervious surface area
with LID
Obtain ~0.11 grams/yr
of PCB loading reduction
from the LID facilities on
Rumrill Boulevard
Obtain ~15.88 grams/yr
of PCB loading reduction
from the LID facilities
near the source on Sutro
Avenue and Rumrill Blvd
Obtain ~6.64 grams/yr
of Mercury loading
reduction from the LID
facilities on Rumrill and
Sutro Ave.
Treat ~2 Million Gallons
of stormwater annually
Reduce localized
flooding by ~2.5 Million
gallons annually through
improved stormwater
infrastructure and
increase retention area.
Plant 183 trees
Use the results of this
project to inform the
implementation of a
Green Infrastructure
Plan for the City of San
Pablo
40% to 80% reduction
in other conventional
stormwater pollutants
such as PAHs and heavy
metals
Obtain additional 42.36
grams/year load
reduction of PCB
through the
remediation of a PCB
source property
Obtain additional 11.39
grams/year load
reduction of Mercury
through the
remediation source
property
System changes of on-
campus waste
diversion systems
3. Outcomes Tracking and Timeframe
Outcomes Tracking
Table 3 provides the timeframes and list of outcomes from the projec t. For the p roject there are 13 major deliverables to be provided to the EPA:
1. Development of QAPP- QAPPs will be developed for monitoring and submitted to EPA for approval.
2. Quarterly Progress Reports - Quarterly Progress Reports (QPRs) will be provided to EPA with the status, accomplishments and challenges over that reporting period with pictures when applicable.
3. Final Project Report- The Final Project Report will be provided to the EPA at the end of the project.
The Final Report will include revisions from the draft report.
4. PCB sampling- Targeted PCB sampling will occur in the southern Rumrill neighborhood in partnership with City of Richmond and the Contra Costa Clean Water Program. EPA will be provided updates and results through the QPRs.
5. Final design and landscape plan- EPA will receive the final design and landscape plans after approved.
6. Environmental Review and CEQA- EPA will be notified through the QPRs when the environmental review and CEQA are complete.
7. Project Construction- Construction of the LID components. EPA will be updated through the QPRs and the Final Report.
8. Education Signs- EPA will be notified with pictures of the educational signs through the QPRs.
9. Presentations and Education Sessions- EPA will be invited to attend and be provided the presentation material that is delivered to the CCCWP and EarthTeam. Pictures of the EarthTeam events will also be provided in the QPRs.
10. Litter Assessments- EarthTeam will use the Zero Litter platform to conduct and display litter assessments over a 4 year period. EPA will be notified of the progress through the QPRs and provided a link to the Zero Waste on-line platform. A summary of results will be in the Final Report.
11. On Campus Outreach Activities- EarthTeam Student Interns will organize 12 on campus litter reduction activities per year. EPA will be updated through the QPRs and the Final Report.
12. Public Outreach Campaign- Earth Team Student Interns will organize 6 litter reduction public outreach campaigns per year. EPA will be updated through the QPRs and the Final Report.
13. Student Plantings- EarthTeam will organize and execute tree plantings and vegetation monitoring.
Table 3: Project Millstones, Deliverables and Timeframes (Quarter Based on Calendar Year)
Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
Task 1. Management, Oversight and Reporting:
Draft Quality Assurance Project Plan (QAPP)
USEPA Approval of QAPP
Quarterly Progress Reports to USEPA San Pablo Educational Sessions and Presentations
Draft Project Report to USEPA
Final Project Report to USEPA
Task 2. Design, Permitting and Plan Reviews
RFP for Design
Award Design
Design Process
Environmental Studies and Permitting Process
Plan Review
Task 3. Construction/Implementation
Bid for Construction
Award Construction
Construction
Task 4. Water Quality Sampling
Property Referral Sampling
Property Referral
Task 5. EarthTeam Litter Assessment, Removal & Plantings Student Intern Recruitment
Student Intern Training and Education Litter Assessments and Removal Efforts On Campus Litter Reduction Activities (12 per yr.) Public Outreach and Education Campaigns (6 per yr.) Tree Plantings and LID Plant Monitoring
Annual Presentation to San Pablo City Council
Project Milestones and Deliverables 2019 202020182016 2017
4. Partnerships
EarthTeam
EarthTeam is a local non -profit that was formed in 2 000 by a coalition of education, environmental and government representatives who saw a need to provide community -based, curriculum connected environmental programs to underserved schools . The City of San Pablo has an ongoing relationship with EarthTeam, particularly with their local Richmond High School Urban Forestry and Zero Litter programs. The students from these programs have implemented projects such as urban greening, litter removal and assessments, tree disease identification and a demonstration forest at Wanlass Park. For this project the City of San Pablo will be work ing with EarthTeam by creating educational sessions where students will be trained to perform litter assessments, trash removal, water quality improvement and tree p lantings for the Rumrill Complete Green Streets Project. For complete program information see Section 1- Program Description, Water Quality Benefits.
Contra Costa Clean Water Program
The City of San Pablo is a co-permittee as part of the Contra Costa Clean Water Program. The CCCWP will be specifically working with the City of San Pablo on this project by providing technical support and water quality sampling assistance. In addition, all 21 co -permittees in the CCCWP will be benefiting from the PCB and Mercury credits that will be achieved by this project.
City of Richmond
The City of Richmond will be specifically working with the City of San Pablo on this pr oject by performing sampling and submitting the referral for the suspected source property. Our two cities will be working together on this referral because the suspected source property is located in the City of Richmond’s jurisdiction; however the property is leaking sediment into the City of Richmond and the City of San Pablo.
San Pablo Community
The City of San Pablo conducted extensive public outreach as part of a process funded by the Caltrans Environmental Justice grant award. A Program Advisory Gro up (PAG) and a Technical Advisory Group (TAG) were formed and multiple community workshops were held. Stakeholders in the TAG ranged from bicycle and pedestrian advocacy groups (Bike East Bay, Richmond BPAC, East Bay Bike Coalition, Richmond City Rides), to civic agencies (Contra Costa Health Services, Local Government Commission, San Pablo and Richmond Police and Fire, San Pablo and Richmond Public Works, and ABAG), and Transportation agencies (CCTA, WCCTAC, BART, Caltrans, AC Transit, and MTC). Participan ts in the Project Advisory Committee included community organizations (San Pablo Youth Commission, San Pablo Youth Soccer, First 5, Lao Family Community Development and Iron Triangle Neighborhood), and community institutions (Dover Elementary, Downer Elementary, Chavez Elementary and San Pablo Library). As a disadvantaged community, we must make note of the involvement of community groups of color such as the Lao Family and the primarily Spanish -speaking mothers of First 5.
The City of San Pablo believes bi-lingual (Spanish-English) public outreach and collaboration is critical to public improvements and to increasing the quality of life for all people. In that vein, a robust public outreach process was developed and implemented to inform the Rumrill Boulevard Complete Streets 30% project design. A total of six meetings were held over the course of seven months, TAC and PAG meetings were marketed by invitation letters and held at City Hall in the afternoon. Local citizens participated in a walking tour of key sections of the Rumrill corridor and used the information they gained to discuss issues with local planners. A mapping exercise was also conducted at the workshops, where local residents identified the key issues important to them.
Community workshops we re held in the evening between 5 and 8 PM and childcare, translation services in Spanish and refreshments were provided. All meetings were held in destinations accessible by public transportation. The community workshops for this project drew in a divers e crowd of community members who actively engaged in offering insight and feedback on the project. This valuable feedback has been considered in the development of the preferred concept for this project (Figure 3, 4 and Table 4). Bilingual invitations, agendas, and flyers were used for these events. As designs continue in their development the City of San Pablo will continue to consult the community for input.
Figure 3: Voting Results from Workshop Figure 4: Before and After of Proposed Improvements on Rumrill Table 4: Community Prefered Concept
Preferred Concept - Lane Reduction with Cycletrack (Alternative 1)
Pedestrian Improvements
New and improved crosswalks at many locations. Driveways along the corridor will be reconfigured to minimize interference with those walking. Corridor-wide lane reduction will minimize crossing distance at all intersections.
Bus Shelters and Far-Side Stops
Bus shelters will provide a comfortable waiting area for people taking transit on the corridor. Some bus stops will be relocated to the far side of intersections to minimize delay at traffic signals and improve reliability.
Dedicated, On-Street Bike Lanes
Protected Class IV cycle track along the length of the corridor will provide the highest level of comfort and safety. South of Market Street, this has a landscaped buffer and is protected by parking. North of Market, this is a striped buffer with rubber curb to allow for emergency vehicle access.
Lane Reduction and Left-Turn Lanes
One travel lane in each direction is proposed to be repurposed. In some cases, the travel lane space is reallocated to provide left-turn pockets for cars along the corridor.
Street Trees and Landscaping
With the road diet, space is provided for street trees and landscaping, particularly where path widening is proposed. These can be bio retention planters or traditional bay -friendly plantings.
5. Budget and Timeframe
Larger Project Budget detail
The budget for the Rumrill Complete Streets with Green Street LID additions is $6.68 million. The City of San Pablo will be contributing over $1.3 Million dollars towards the project costs and the ATP grant will be contributing approximately $4.3 Million dollars.
Construction: $5.36 Million
Plans and Specifications Permits: $675,000
Construction Engineering and Management: $350,000
Litter Assessments, Removal and Monitoring: $300,835
Rumrill Green Streets Budget
Of the estimated $6.68 M for
the total Rumrill Complete
Green Streets project the
water quality aspects that are
described in this grant
proposal are estimated at
$1,737,236. Table 5 provides
the breakdown of the Water
Quality Costs with the
proposed EPA funding amount
and the Match from all
sources. Table 7 provides the
detailed budget breakdown
for each of the tasks in the
project.
Budget Efficiency
Table 6 provides the
breakdown of dollar spend
per estimate d lifetime PCB
and Mercury load reduction.
This figure is significantly
lower than many other PCB
and Mercury reduction
projects. Part of the reason
this is such an efficient project
is because the City was able to
get budget synergies by
teaming up with the larger
Rumrill Complete Streets
Project.
Table 6: Costs per PCB & Mercury Gram Loading Reduction TMDL Pollution
Credit
Lifetime Expected
Reduction (grams )
Water Quality
Cost
Project Dollar Spent per
gram of load reduction
EPA Grant Dollars Spent
per gram of load reduction
PCB 58.36 $ 1,737,236 $ 29,768 $ 14,884 Mercury 18.01 $ 1,737,236 $ 96,460 $ 48,230 Table 5: Grant Budget Breakdown
Table 7: DETAILED BUDGET TABLE: Rumrill Complete Green Streets DETAILED BUDGET TABLE: Rumrill Complete Green Streets
Timeframe Task Implementing
Entity/Partner
Federal Portion
(EPA grant) Match Outputs/Deliverables
Construction Aspects
Q3 2016-
Q2 2017
Design, Environmental Review and
CEQA City of San Pablo $75,000 $17,802 Update in Quarterly Progress Report, including final Designs
Q4 2017-
Q1 2019 Project Construction City of San Pablo $639,227 $654,551 Update in Quarterly Progress Report Q1 2019 Install Project Educational Signs City of San Pablo $0 $5,000 Update in Quarterly Progress Report- picture of signs
EarthTeam Litter, Monitoring and Planting Program
Q4 2016-
Q2 2020
Student-Intern Education & Training,
Litter Monitoring, Visual Assessments
and Bioswale Monitoring
EarthTeam $131,784 $99,402 Update in Quarterly Progress Report Q4 2016-
Q2 2020
Campus Wide Education & Litter
Reduction Actions EarthTeam $0 $14,002 Update in Quarterly Progress Report Q4 2016-
Q2 2020 Field Day Litter Reduction Events EarthTeam $12,662 $18,364 Update in Quarterly Progress Report Q4 2016-
Q2 2022
Public Education and Outreach on Litter
Reduction EarthTeam $5,961 $16,400 Update in Quarterly Progress Report Q4 2016-
Q2 2020 Litter Project Evaluation and Reporting $0 $2,279 Update in Quarterly Progress Report Review, Reports, Sampling & Educational Sessions
Q4 2016 Quality Assurance Plan (QAPP) City of San Pablo $0 $20,000 QAPP to be approved by EPA and finalized
Q4 2016 PCB Sampling
CCCWP/ City of San
Pablo/ City of
Richmond
$0 $5,000 Update in Quarterly Progress Report
and final results in Final Report
Q4 2016-
Q2 2020 Quarterly Reports City of San Pablo $0 $6,414 Quarterly Progress Report Q3 2017-
Q1 2019 Inspections and Plan Review City of San Pablo $0 $3,054 Update in Quarterly Progress Report Q1 2019-
Q2 2020
Educational Sessions and Presentations
to Management, Public and other
Municipalities
City of San Pablo $0 $4,225 Update in Quarterly Progress Report- with presentation submittal
Q2 2020 Submit Final Report (with 4 year litter
assessment results)
City of San Pablo/
EarthTeam $0 $6,109 Final Report
6. Capability and Experience
Programmatic Capability and Past Performance- Projects
Rumrill Sports Complex- In 2013/2014 the City of San Pablo received funding from the USEPA (Brownfields Cleanup Cooperative Agreement ), Prop 84 and Measure WW to fund a contaminated site cleanup and development of a public sports park. This project provided fund ing to the City of San Pablo to cleanup the Burlington Northern Santa Fe (BNSF) r ailroad track brownfield site , and conduct community involvement related to the cleanup activities where 4.5 acres were cleaned and redeveloped as the Rumrill Sports Complex.
This was a complex project with multiple funding sources however the City of San Pablo was able to complete the project and meet all of the reporting requirements from the different agencies. Agreement requirements included, but were not limited to: quarterly reports, final reports, affiliation signage, community education and involvement, additional written reports when requested, financial records for auditing purposes and inclusion of green feature designs where possible.
Funding Source and Amount: USEPA $600,000 & Prop 84 $3,000,000 & Measure WW $425,000 Total Project Cost: $5.7M
Wildcat Creek Trail Enhancement - The project constructed an eight -foot wide asphalt trail along a n 840 ft. segment between 23 rd Street and Davis Park in San Pablo. The project included a trail, pedestrian bridge, lighting, safety improvement and riparian habitat restoration. The City of San Pablo was able to complete the project and meet all of the reporting requirements . Agreement requirements included, but were not limited to: site visits, inspection reports, ongoing monitoring, affiliation and educational signage, additional written reports when requested and financial records for auditing purposes.
Funding Source and Amount: CalTrans Environmental Enhancement Fund $350,000 & ABAG $120,000 Total Project Cost: $1.8M
Wildcat Creek Day-lighting Project- In 2011 the City of San Pablo received funding from the California Natural Resources Agency as part of the River Parkways Grant Program. This project day-lighted a 450 feet section of Wildcat Creek to benefit anadromous fish, completed a critical quarter mile of the Wildcat Creek Trail , and provided ongoing 5 yr. maintenance and monitoring to the restored creek. The City of San Pablo was able to complete the project and meet all of the reporting requirements. Agreement requirements included, but were not limited to: ongoing monitoring with annual reporting (currently ongoing), project construction close out report, additional written reports when requested and financial records for auditing purposes.
Funding Source and Amount: California Natural Resources Agency $1.85M Total Project Cost: $5.7M
Roadway Rehab - In 2014 the City of San Pablo receive funding to perform repairs, rehabilitation and maintenance on major roadways. The City of San Pablo was able to complete the project and meet all of the reporting requirements. Agreement requirements included, but were not limited to: resolution adoption, six- monthly invoice reporting, final project report, additional written reports when requested and financial records for auditing purposes.
Funding Source and Amount: One Bay Area Grant (OBAG) $454,000 Total Project Cost: $857,000
Organizational Experience
The City of San Pablo will implement this project under the direction of the Public Works Department. The head of Public Works has an extensive bac kground managing road and stormwater projects. The City of San P ablo has dedicated and experienced staff that deliver multiple infrastructure and grant funded projects annually.
Currently the following staff have been assigned to this project as the delivery team:
Project Manager- Chris Gioia, Senior Civil Engineer. Chris Gioia has been a licensed professional engineer for over 10 years. Mr. Gioia has managed various street projects (including the San Pablo Complete Streets Project), rehabilitation/overlay, realignment and new construction projects . Mr. Gioia will be responsible for RFP development and review, design and plan review, environmental reviews, contract management, budget management, contractor management and other various tasks as the project requires.
Grant Management- Radiah Victor, Management Analyst. Radiah Victor has over 16 years of experience in the management and administration of Federal and State grants for regional and local government agencies. She has successfully managed millions of dollars of grant funds from award to closeout , Federal Highw ay Administration, Caltrans and the Metropolitan Transportation Commission. Ms. Victor is the Management Analyst and procurement/grant administrator for the City of San Pablo’s Public Works Department. She is responsible for ensuring compliance with all grant agreement policies and procedures; maintaining a record system for grant expenditures and required documentation; and ensuring timely status reporting and preparation of final close-out documentation.
Environmental Project Inspector - Amanda Booth, Environmental Project Management. Amanda has over 6 year of experience in developing and delivering various environmental programs. Ms. Booth manages the stormwater and sustainability programs for the City of San Pablo, as such she will inspect the water qua lity aspects of the Rumrill Complete Green Streets project, collaborate on the PCB sampling, coordinate and liaise with EarthTeam for their litter and tree planting programs and provide the Quarterly Progress Reports to EPA on the project.
Project Inspector- Leck Soungpanya, Senior Public Works Inspector. Leck has work for the City of San Pablo for over 20 years as an inspector, his in -depth knowledge of San Pablo infrastructure and the community makes him a valuable asset to the project team. Mr. Soungpanya will be the onsite inspector for the project to ensure that all aspects of the project and built as per the approved designs. When required Leck will also be consulted for project plans.
In addition to the project team , the City has a finance department that has received 20 consecutive GFOA Awards, which is in recognition to a significant achievement in financial reporting and for demonstrating a constructive “spirit of full disclosure” for our Comprehensive Annual Financial Report. These two department work cooperatively to ensure a complete and timely project delivery.
Expenditure of Awarded Grant Funds
The City of San Pablo has an experienced finance department and administrative staff to help administer the grant funds. The Public Works Department has weekly staff meetings to get updates on projects and discuss any issues or upcoming reporting requirements. For the Rumrill Complete Green Streets Project an Environmental Program Analyst will be dedicated to ensure all reporting requirements are met wit hin the desired timeframe. This Environmental Program Analyst will work with the departments Management Analyst, EarthTeam and the Construction Project Manager to ensure reports are complete and accurate. As with all projects in San Pablo a checklist of requirements and delivery milestones will be created at the start of the project to ensure no requirements are missed.
Since the project is subject to funding requirements with an Active Transportation Program (ATP) grant for the larger “Complete Streets” aspect. The USEPA can be assured that this project will be delivered on time because the ATP grant requires the project construction to be completed by the end of 2018.
Wildcat Creek and San Pablo Creek Watershed Area
Rumrill Complete
Green Streets Project
Area
Wildcat Creek
Watershed
San Pablo Creek
Watershed
CITYOFSANPABLO
RUMRILL BOULEVARD
GREEN STREETS PROJECT
6" PERFORATEDPIPE
12" CLASS2
PERMEABLE
DRAINROCK
AREA DRAIN
RAIN GARDENCURBWALL
3"MULCH
EXISTING
PAVEMENT
BIORETENTIONCURB
WITH OPENING
EXISTING
PAVEMENT
SLIP DOWEL ATCURB
NOTTO SCALE
7"
MIN.
18"
BIOTREATMENT
SOIL
SCALE: 1" =200'
04 0 2020
May 23, 2016
Attn: San Francisco Bay Water Quality Improvement Fund
Luisa Valiela, Program Lead
US EPA Region 9 (WTR-2-2)
75 Hawthorne
San Francisco, CA 94105
Subject: Letter of Support for the City of San Pablo Rumrill Complete Green Streets Project Dear Selection Committee:
San Francisco Bay Regional Water Quality Control Board staff expresses its unqualified and enthusiastic support for the City of San Pablo’s San Francisco Bay Water Quality Improvement Fund (SFBQWIF) grant application for the Rumrill Complete Green Streets Project.
The City of San Pablo’s proposed multi-benefit project is exactly the right type of project in the right place to reap multiple water quality benefits. The project will improve water quality through implementation of Low Impact Development (LID) treatment elements in an area with older industrial land use where such measures can be most useful in reducing loads of pollutants of concern like PCBs, mercury, metals and PAHs. In addition to the water quality benefits there are additional project components that will improve the quality of life for the local disadvantaged community in tangible ways – by providing safe bike lanes and enhanced pedestrian paths as well as an educational component that trains local youth in trash assessment, litter removal and bioretention operations and plantings.
The proposed Rumrill Complete Green Streets Project is an excellent example of the type of project we want to see replicated throughout the Bay Area. This project faithfully responds to requirements set forth in the recently re-issued Municipal Regional NPDES Permit related to implementation of our PCBs and mercury Total Maximum Daily Load (TMDL) projects.
We strongly encourage the grant selection committee to give favorable consideration to this multi-benefit project when awarding the SFBQWIF grants. If you have any questions, please contact me at (510) 622-2451.
Sincerely,
Richard E. Looker
TMDL and Planning Division
Board of Directors
Rich Knowles, President
Federal Home Loan Bank
(retired)
Doug Karpa, Vice President
Turtle Island Restoration
Project
Holly Moore , Treasurer
Seiler LLP
Chris Sater, Secretary
Google
Whitney Dotson
East Bay Regional Park
District
Vladimir Foronda
UC Berkeley
Julia Kim
Local Government
Comission
Joe McBride
UC Berkeley
Joe Kirallah
Green Bear Group
Michele Korpos
Pacific Gas & Electric
Gia Calvillo
Kiverdi, Inc.
Pallavi Sherikar
Student, UC Berkeley
Katharine Barrett, Emeritus
UC Botanical Gardens
(retired)
Michele Perrault, Emeritus
Sierra Club
Manuel Alonso-Martinez
Executive Director
Office
2525 10th Street, Unit B
Berkeley, CA 94710
Tel. 844-704-4030
[email protected]
www.earthteam.net
Printed on 100% recycled paper.
Attn: San Francisco Bay Water Quality Improvement Fund
Luisa Valiela, Program Lead
US EPA Region 9 (WTR-2-2)
75 Hawthorne
San Francisco, CA 94105
Re: Letter of Support for the City of San Pablo Rumrill Complete Green Streets Project
Dear Selection Committee:
On behalf of Earth Team, this letter is being submitted in support of the City of San Pablo’s San Francisco Bay Water Quality Improvement Fund (SFBWQIF) grant application for the Rumrill Complete Green Streets Project.
Earth Team is a local no n-profit organization that provides hands-on environmental education and outreach program for high schools students to protect and restore local watersheds in the Francisco Bay Area . The City of San Pablo’s proposed multi -benefit project will improve the Rumrill Boulevard with safe bike lanes, enhanced pedestrian paths and Low Impact Development facilities to improve water quality. Earth Team will be partnering with the City of San Pablo as part of the project to improve water quality through trash removal , tree plantings and development of an educational component that will help to local youth learn about the importance of clean water and natural resources. As part of this partnership Earth Team will be providing a financial contribution towards the projec t as outlined in attached Earth Team Service Learning Component.
The goals of the proposed Rumrill Complete Green Streets Project are consistent with those of Earth Team, which is why we encourage the EPA SFBWQIF Grant Program grant selection committee to give strong consideration to this multi - beneficial project when making funding decisions. If you have any questions, please contact Manuel Alonso, Executive Director at 510-213-4921. Thank you very much for your consideration.
Sincerely,
Manuel Alonso
Attached: Earth Team Service Learning Component
SUSTAINABLE YOUTH PROGRAM Leadership and Innovation in Environmental Education 1 EARTH TEAM SERVICE LEARNING COMPONENT EPA’s San Francisco Bay Area Water Quality Improvement Fund proposal with the City of San Pablo Background California is facing a Stage 4 drought cycle and the need to raise awareness and act to protect water resources is critical. The San Francisco Bay has a long history of environmental degradation and positive restorative action and Earth Team has been working for 16 years as an environmental education service provider, specializing in experiential learning models for underserved urban teens in the San Francisco East Bay Area. Following an innovative service learning methodology, it leads students from environmental awareness, to research, reflection, mitigation action and finally stewardship and leadership. Teams of 14 high school student-interns per campus engage for one year in multiple hands-on learning activities with peers, teachers and the public, leading to effective community engagement in environmental education and action. The focus of the program is in Protecting Water, by raising awareness and conducting restoration, water quality monitoring activities and reducing litter and storm water pollution to ensure clean water that can support healthy watersheds, protect human health and provide healthy habitats for fish and wildlife. The Sustainable Youth Internships (SYI) program is a hands-on environmental education, training and outreach program that engages teams of high schools students to protect and restore local watersheds through yearlong service learning projects in the Francisco Bay Area. Students are trained in environmental monitoring skills and work on and off campus, supporting existing projects via a robust network of community partner organizations. The project takes shape during weekly after school meetings on school campuses as student-interns are introduced to project topics that relate sustainability issues with environmental science. They learn project-based skills and conduct a range of scientific and monitoring techniques including water quality, litter and trash assessments, restoration techniques, and more. Finally, students expand their project learning by engaging on campus peers and the greater community through monthly educational outreach events and campaigns aimed at increasing environmental awareness and involvement in the community. Working with the City of San Pablo’s Complete Streets project Earth Team will partner with the City of San Pablo to work for 4 years offering environmental education and monitoring services to the Complete Streets project. 28 students, divided in two separate teams of 14 students each, will be trained each year to implement a Zero Litter project in Rumrill Boulevard with 3 main outcomes: 1. Educating 3,000 peers on two campuses and 4,000 City of San Pablo community members on the benefits of green infrastructure projects and the impacts of healthy vegetation and litter pollution on our water resources. 2. Implementing our existing litter assessment and monitoring systems to guide data-driven reduction and prevention actions that will lower the litter load in the Complete Street project area 3. Implementing a tree planting (183 trees) and vegetation monitoring component that will result in increased storm water capturing (50,000 to 100,000 gallons/yr.) in conjunction with the projected bioswales (additional storm water capture to be calculated) These outcomes will be accomplished by the following activities: • Recruit 28 underserved youth as interns to receive a total of 120 hours/yr of hands-on environmental education and training, with 32, 2hr. weekly afterschool meetings.
SUSTAINABLE YOUTH PROGRAM Leadership and Innovation in Environmental Education 2 • Use the Zero Litter web-based database platform to conduct and display all litter assessments in the project area (baseline and follow up monitoring of up to 10,000 pieces of litter/yr.). A “live” litter density map will be available to the City on an ongoing basis to monitor litter reduction targets in the Complete Streets area. • Monitor the trash capturing devices load and the effect of litter reduction activities, to keep the devices working under their maximum capacity. • Organize 12/yr. on-campus activities to engage school staff and up to 3,000 peers in litter reduction actions, both behavior changes and system changes (school waste stream improvements via 3 stream systems and bin monitoring). • Organize 6/yr. public outreach and education campaigns to engage the Complete Streets local community in the litter reduction objectives, engaging community leaders on how to address human health and wildlife habitat threats from water pollution • Work with a professional urban forester to train one of the teams as arborist to plan 183 in the Complete Streets project area, in addition to monitoring the vegetation of the bioswales, providing the City of San Pablo with plant health information, survival rates, etc. • Provide each year “green skills for green jobs” training and employment opportunities to high school students and community members, via the stipended internships model. Budget The budget for Earth Team’s Sustainable Youth Internships component is approximately $300,000 for 4 years ($75,000 per year). Earth Team will contribute 50%, or $150,000 in matching funds to the total budget. This does not include the cost of trees and planting supplies. “We hope that students will understand the importance of littering and start thinking green. Our water quality has a lot to do with our actions, the less we litter, the better the water quality is. We are also giving directions to actually start a clean up day. It doesn't matter the age, we all can take care of our water ways one way or another if we work together.” – Paola Encarnacion, Sustainable Youth Intern, Richmond High School, Richmond, CA, 2014.
CITY OF SAN PABLO
ADMINISTRATIVE POLICY AND COMPLAINT PROCEDURE AGAINST
HARASSMENT, DISCRIMINATION, & RETALIATION
Purpose
The purpose of this Policy is to: establis h a strong commitment to prohibit and prevent discrimination, harassment, and re taliation in employment; to define those terms, and to set forth a procedure for invest igating and resolvi ng internal complain ts. The City of San Pablo encourages all covered in dividuals to report any conduct that is believed to violate this policy as soon as possible.
Policy
The City of San Pablo does not tolerate any conduct that violates this Policy. Conduct need not arise to the level of a violat ion of law in order to violate this Policy. Instead a single act can violate this Policy and provide grounds for discipline or other appropriate sanctions.
Harassment or discrimination against an appl icant or employee by a supervisor, management employee, co-worker or contractor on the basis of race, religion, sex (including gender and pregnancy), nat ional origin, ancestry, disability, medical condition, genetic characteristics, marital status, age, or sexual orientation (including homosexuality, bisexuality, or heterosexuality) is not tolerated.
This Policy applies to all terms and conditions of employment, including, but not limited to, hiring, placement, promotion, di sciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.
Disciplinary action or other appropriate sanction up to and including termination will be instituted for prohibited behavior as defined below.
Any retaliation against a person for filing a complaint or participating in the complaint resolution process is prohibited. Individuals found to be retaliating in violation of this Policy will be subject to appropriate sanction or disciplinary action up to and including termination.
Definitions
A. Protected Classifications : This policy prohibits ha rassment or discrimination because of an individual’s protected classification. “Protected Classification” includes race, religion, color, sex (including gender and pregnancy), sexual orientation (including heterosexuality, homosexuality, and bisexuality), national origin, ancestry, citizenship status, uniformed service mem ber status, marital status, pregnancy, age, medical condition, genetic characteristics, and physical or mental disability.
B. Policy Coverage: This pol icy prohibits City officials, officers, employees or contractors from harassing or discriminating against applicant s, officers, officials, employees, or contractors because of an indi vidual’s protected classification or the individual associates with a person who ha s or is perceived to have a protected classification.
C. Discrimination: This policy requires t hat all individuals be treated with respect, dignity, and professionalism.
D. Harassment may include, but is not limited to, the followi ng types of behavior that is taken because of a person’s protected classi fication. Note that harassment is not limited to conduct that City employees ta ke. Under certain circumstances, harassment can also include conduct taken by those who are not employees, such as elected officials, appoint ed officials, persons providi ng services under contracts, or members of the public:
Speech - such as epithets, derogatory comment s or slurs, and propositioning on the basis of a protected classification. This might include inappropriate comments on appearance, including dress or physical feat ures, or dress consistent with gender identification, or race-oriented stories and jokes.
Physical acts - such as assault, impeding or blocking movement, offensive touching, or any physical interference with normal work or movement. This includes pinching, grabbing, patting, propos itioning, leering, or making explicit or implied job threats or promises in return for submission to physical or non-physical acts.
Visual insults - such as derogatory posters, cartoons, or drawings related to a protected classification.
Unwanted sexual advances - requests for sexual favors and other acts of a sexual nature, where submission is made a te rm or condition of employment, where submission to or rejection of the cond uct is used as the basis for employment decisions, or where the conduct is int ended to or actually does unreasonably interfere with an individual’s work performanc e or create an intimidating, hostile, or offensive working environment.
E. Guidelines for Identifying Harassment: To help clarify what constitutes harassment in violation of this Policy, use the following guidelines:
1) Harassment includes any derogatory or suggestive conduct which would be unwelcome to an individual because of the recipient’s protected classification.
2) It is no defense that the recipient appear s to have voluntarily "consented" to the conduct at issue. A recipient may not protes t for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
3) Simply because no one has complained about a joke, gesture, picture, physical contact, or comment does not mean that the conduct is welcome. Harassment can evolve over time. Small, isolated incident s might be tolerated up to a point. The fact that no one is complaining now does not pr eclude anyone from complaining if the conduct is repeated in the future.
4) Visual, verbal, and/or physical conduc t between two employees who appear to welcome it can constitute har assment of a third applicant, officer, official, employee or contractor who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not ex plicitly or specifica lly directed at an individual.
5) Conduct can constitute harassment in violati on of this Policy even if the individual engaging in the conduct has no intention to harass. Even well- intentioned conduct can violate this Policy if the conduct is directed at, or implicates a protected classification, and if an indi vidual of the recipient’s same protected classification would find it offensive (e.g., gifts, over attention, endearing nicknames).
F. Retaliation: Any adverse conduct taken because an applicant, employee, or contractor has reported haras sment or discrimination, or has participated in the complaint and investigation process descri bed herein, is prohib ited. “Adverse conduct” includes: taking sides because an individual has repo rted harassment or discrimination, spreading rumors about a complaint, shunning and avoiding an individual who reports harassment or discrimination, or r eal or implied threats of intimidation to prevent an individual from reporting harassment or discrimination.
The following individuals are protected from retaliation: those who make good faith reports of harassment or di scrimination, and those who associate with an individual who is involved in reporting harassment or discrim ination or who participates in the complaint or investigation process.
Complaint Procedure
(A) An employee, job applicant, or cont ractor who believes he or she has been harassed may make a complaint verbally or in writing with any of the following. There is no need to follow the chain of command:
1) Immediate supervisor
2) Any supervisor or manager within or outside of the department 3) Department head
4) Human Resources Manager
5) City Manager
6) Employee Reporting Line – (800) 576-5262
(B) Any supervisor or department head w ho receives a harassment complaint should notify the Human Resources Manager immediately.
(C) Upon receiving notification of a ha rassment complaint, the Human Resources Manager shall:
1) Authorize and supervise t he investigation of the comp laint and/or investigate the complaint. The investigation will include interviews with: 1) the complainant; 2) the accused harasse r; and 3) other persons who have relevant knowledge concerning the complaint.
2) Review the factual information gat hered through the investigation to determine whether the alleged conduct constitutes harassment, discrimination or retaliation giving consideration to al l factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
3) Report a summary of the determination as to whether harassment occurred to appropriate persons, including the co mplainant, the alleged harasser, the supervisor, and the departm ent head. If discipline is imposed, the level of discipline will not be communicated to the complainant. 4) If conduct in violation of this Policy occurred, take and/or recommend to the appointing authority prom pt and effective remedial ac tion. The action will be commensurate with the severity of the offense.
5) Take reasonable steps to protect t he complainant from further harassment, discrimination or retaliation.
6) Take reasonable steps to protect the comp lainant from retaliation as result of communicating the complaint.
(D) The City takes a proactive approach to potential Policy violations and will conduct an investigation if its officers, supervisors, or managers become aware that harassment, discrimination or retaliation may be occurring, regardless of whether the recipient or third party reports a potential violation.
E) Option to Report to Outs ide Administrative Agencies: An individual has the option to report harassment, discrimination or retaliati on to the U.S. Equal Employment Opportunity Commission (EEOC) or the California De partment of Fair Employment and Housing (DFEH). These administrative agencies offer legal remedies and a complaint process. The neare st offices are listed in the government section of the telephone b ook or employees can check the attached DFEH-185 publication or posters that ar e located on bulletin boards for office locations and telephone numbers.
Confidentiality
Every possible effort will be made to assure t he confidentiality of complaints made under this policy. Complete confidentiality cannot occur, however, due to the need to fully investigate and the duty to take effective remedial action. As a result, confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited fr om discussing the substance of the interview, except as otherwise directed by a supervi sor or the Human Resources Manager. Any individual who discusses the content of an investigatory interv iew will be subject to discipline or other appropriate sanction. The City will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.
Responsibilities
Managers and Supervisors are responsible for:
1. Informing employees of this Policy.
2. Modeling appropriate behavior.
3. Taking all steps necessary to prevent har assment, discrimination or retaliation from occurring.
4. Receiving complaints in a fair and serious manner, documenting steps taken to resolve complaints.
5. Monitoring the work environment and ta king immediate appropria te action to stop potential violations, such as removing inappropriate pictures or correcting inappropriate language
6. Following up with those wh o have complained to ensure that the behavior has stopped and that there are no reprisals.
7. Informing those who complain of harassment or discrimination of his or her option to contact the EEOC or DFEH regarding alleged Policy violations.
8. Assisting, advising, or consulti ng with employees and the Human Resources Manager regarding this Policy, and Complaint Procedure.
9. Assisting in the invest igation of complaints involving employee(s) in their departments and, if the complaint is s ubstantiated, reco mmending appropriate corrective or disciplinary action in accordance with City’s Personnel Rules, up to and including discharge.
10. Implementing appropriate disci plinary and remedial actions.
11. Reporting potential violati ons of this Policy of which he or she becomes aware, regardless of whether a complaint has been submitted, to t he Human Resources Division or the department head.
12. Participating in peri odic training and scheduling employees for training.
Each employee or contractor is responsible for:
1. Treating all employees and contract ors with respect and consideration
2. Modeling appropriate behavior.
3. Participating in periodic training.
4. Fully cooperating with the Cit y’s investigations by responding fully and truthfully to all questions posed during the investigation.
5. Maintaining the confidentiality of any in vestigation that the City conducts by not disclosing the substance of any investigatory interview, ex cept as directed by the department head or Human Resources Manager.
6. Reporting any act he or she believe s in good faith cons titutes harassment, discrimination, or retaliati on as defined in this Policy, to his or her immediate supervisor, or department head, or Human Resources Manager.
Dissemination of Policy
All employees shall receive a copy of this Policy when they are hired. The Policy may be updated from time to time and redistributed.
See Attachments: 1) Formal Harassment, Discrimination, & Retaliation Complaint Form; 2) Department of Fair Employment and Housing (DFEH-185) Sexual Harassment Publication; 3) Disability Under the Fair Employment & Housing Act (DFE 208-DH).
CITY OF SAN PABLO
FORMAL HARASSMENT, DISCRIMINATION, & RETALIATION
COMPLAINT FORM
Name:
Job Title:
Department:
Supervisor:
STATEMENT OF COMPLAINT
(attach other sheets if necessary)
Date & Time of Incident:
Location of Incident:
Name(s) of Person(s) Responsible:
Witness(es):
Description of Incident(s): Please state specific conduct of which you are complaining:
Resolution Requested:
Signature of Complainant: ____________________________________ Date: ___________________
Complaint Submitted to: ___________________________________________________________________
(Complaint need not be submitted to Department Head if he or she is involved in incident).
Acknowledgment Receipt
I acknowledge receipt of the City’s Administrative Policy and Complaint Procedure Against Harassment, Discrimination, and Retaliation. I understand that I am responsible for reading, understanding, and complying with the policy and standards of conduct referenced and contained in this document. I further understand that if I have questions regarding the policy I can discuss these with my supervisor or the Human Resources Manager.
I acknowledge that this policy may be revis ed and changes will be communicated through official notices. I also understand that revi sed information may supersede, modify, or eliminate the existing policy.
Employee Name: _________ _________________________________
Signature: _________ _________________________________
Date: _______________ ___________________________
Exhibit B
B-1: USEPA Grant Award W9-99T53401 (September 29, 2016)
B-2: USEPA Assistance Amendment W9-99T53401-1 (May 3, 2019)
B-3: USEPA Assistance Amendment W9-99T53401-2 (November 3, 2021)
W9 - 99T53401 - 0 Page 1
GRANT NUMBER (FAIN): 99T53401
MODIFICATION NUMBER: 0 DATE OF AWARD
PROGRAM CODE: W9 09/29/2016U.S. ENVIRONMENTAL
PROTECTION AGENCY TYPE OF ACTION
New
MAILING DATE
10/06/2016
Grant Agreement PAYMENT METHOD:
Advance
ACH#
90655
RECIPIENT TYPE:
Municipal
Send Payment Request to:
Las Vegas Finance Center email:
[email protected]
RECIPIENT: PAYEE:
City of San Pablo
13831 San Pablo Ave., Bldg. 3
San Pablo, CA 94806
EIN: 94-6000423
City of San Pablo
13831 San Pablo Ave., Bldg. 3
San Pablo, CA 94806
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Amanda Booth
13831 San Pablo Ave., Bldg. 3
San Pablo, CA 94806
E-Mail: [email protected]
Phone: 510-215-3066
Luisa Valiela
75 Hawthorne Street, WTR-3
San Francisco, CA 94105
E-Mail: [email protected]
Phone: 415-972-3400
Danielle Carr
Grants Management Section, EMD-6-1
E-Mail: [email protected]
Phone: 415-972-3871
PROJECT TITLE AND DESCRIPTION
SF BAY WATER QUALITY IMPROVEMENT FUND - Rumrill Boulevard Complete Green Streets Project The City of San Pablo's project will install 11,500 square feet of low impact development (LID) facilities that will reduce polychlorinated biphenyl (PCB) and Mercury (Hg) loading to San Francisco Bay from an approximately 15 acre drainage area. These facilities when built will also decrease minor localized flooding and be maintained as Full Trash Capture devices, therefore reducing the amount of litter that reaches Wildcat and San Pablo Creeks and the San Francisco Bay. Further the project includes a community education and involvement piece that is intended to provide long-term water quality improvement benefits in the form of job skills training in an underserved community. This project implements and water quality actions listed under the SFEP CCMP. The project goals and activities will benefit the fish, wildlife, and humans that depend on a thriving, healthy San Francisco Bay.
This assistance agreement provides full federal funding in the amount of $864,634.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/03/2016 - 06/30/2020 10/03/2016 - 06/30/2020 $1,737,236.00 $1,737,236.00
NOTICE OF AWARD
Based on your Application dated 05/26/2016 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $864,634. EPA agrees to cost-share 49.77% of all approved budget period costs incurred, up to and not exceeding total federal funding of $864,634. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS
U.S. EPA, Region 9
Grants Management Section, EMD 6-1
75 Hawthorne Street
San Francisco, CA 94105
U.S. EPA, Region 9
Water DIvision, WTR-1
75 Hawthorne Street
San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Craig A. Wills - Grants Management Officer DATE 09/29/2016
EPA Funding Information W9 - 99T53401 - 0 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ $ 864,634 $ 864,634
EPA In-Kind Amount $ $ $ 0
Unexpended Prior Year Balance $ $ $ 0
Other Federal Funds $ $ $ 0
Recipient Contribution $ $ 49,803 $ 49,803
State Contribution $ $ 672,353 $ 672,353
Local Contribution $ $ $ 0
Other Contribution $ $ 150,446 $ 150,446
Allowable Project Cost $ 0 $ 1,737,236 $ 1,737,236
Assistance Program (CFDA) Statutory Authority Regulatory Authority
66.126 - San Francisco Bay Water Quality
Improvement Fund
Clean Water Act: Sec. 320 2 CFR 200
2 CFR 1500 and 40 CFR 33
Fiscal
Site Name Req No FY Approp.
Code
Budget
Organization
PRC Object
Class
Site/Project Cost
Organization
Obligation /
Deobligation
- 1609W22023 1617 B 09LE 202BK4 4158 - - 864,634
864,634
(PageBreak)
W9 - 99T53401 - 0 Page 3
Budget Summary Page
Table A - Object Class Category
(Non-construction)
Total Approved Allowable
Budget Period Cost
1. Personnel $146,711
2. Fringe Benefits $37,290
3. Travel $29,405
4. Equipment $0
5. Supplies $23,130
6. Contractual $1,433,500
7. Construction $0
8. Other $67,200
9. Total Direct Charges $1,737,236
10. Indirect Costs: % Base $0
11. Total (Share: Recipient 50.23 % Federal 49.77 %.) $1,737,236
12. Total Approved Assistance Amount $864,634
13. Program Income $0
14. Total EPA Amount Awarded This Action $864,634
15. Total EPA Amount Awarded To Date $864,634
(PageBreak)
W9 - 99T53401 - 0 Page 4
Administrative Conditions
The recipient agrees to comply with the current EPA general terms and conditions available at:
https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-march-29-2016-or-later.
These terms and conditions are in addition to the assurances and certifications made as a part of the award and the terms, conditions or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at http://www.epa.gov/grants/grant-terms-and-conditions.
A. Annual Federal Financial Report (FFR) - SF 425
For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project/budget period start date" to September 30 of each calendar year to the U.S. EPA Las Vegas Finance Center (LVFC). The FFR will be submitted electronically to [email protected] no later than December 30 of the same calendar year. The form with instructions can be found on LVFC’s website at http://www2.epa.gov/financial/forms.
B. Procurement
The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with 2 CFR Part 200.319. In accordance 2 CFR Part 200.323 the grantee and subgrantee(s) must perform a cost or price analysis in connection with applicable procurement actions, including contract modifications.
C. Six Good Faith Efforts 40 CFR Part 33, Subpart C
Pursuant to 40 CFR Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients, loan recipients, and prime contractors also comply.
Records documenting compliance with the six good faith efforts shall be retained:
(a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section.
D. Utilization of Disadvantaged Business Enterprises
General Compliance, 40 CFR Part 33
The recipient agrees to comply with the requirements of EPA’s Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR Part 33.
Fair Share Objectives, 40 CFR Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and WBE participation in procurement under the financial assistance agreements.
In accordance with 40 CFR Section 33.411 some recipients may be exempt from the fair share objective requirements as described in 40 CFR Part 33, Subpart D. Recipients should work with their DBE coordinator if they think their organization may qualify for an exemption.
The dollar amount of this assistance agreement, or the total dollar amount of all of the recipient’s financial assistance agreements in the current federal fiscal year from EPA is $250,000 or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the: California State Water Resources Control Board (CSWRCB), as follows:
MBE WBE
Construction 2% 1%
Equipment 1% 1%
Services 1% 1%
Supplies 1% 1%
The recipient accepts the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as CSWRCB.
Negotiating Fair Share Objectives/Goals, Section 33.404 The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment.
The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator, Joe Ochab at [email protected], within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted.
Contract Administration Provisions, 40 CFR Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR Section 33.302.
Bidders List, 40 CFR Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR Section 33.501 (b) and (c) for specific requirements and exemptions.
E. MBE/WBE Reporting
General Compliance, 40 CFR Part 33, Subpart E – Reporting Condition MBE/WBE reporting is required annually. Reporting is required for assistance agreements where there are funds budgeted for procuring construction, equipment, services and supplies, including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the “Other” category, that exceed the threshold amount of $150,000, including amendments and/or modifications.
Based on EPA’s review of the planned budget, this award meets the conditions above and is subject to Disadvantaged Business Enterprise (DBE) Program reporting requirements. Conversely, the recipient must submit to the [email protected] a justification and budget detail within 21 days of the award date demonstrating that this award is not subject to the DBE reporting requirements.
The recipient agrees to complete and submit a “MBE/WBE Utilization under Federal Grants, Cooperative agreements” report (EPA Form 5700-52A) on an annual basis. All procurement actions that are reportable, not just that portion which exceeds $150,000.
When completing the annual report, recipients are instructed to check the box titled “annual:” in section 1B of the form. For the final report, recipients must check the box indicated for the “last report” of the project in section 1B of the form. Annual reports are due by October 30 th
of each year. Final reports are due by
October 30
th
or 90 days after the end of the project period, whichever comes first.
The reporting requirement is based on total procurements. Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not. If no budgeted procurements take place during the reporting period, the recipient should check the box in section 5B when completing the form.
MBE/WBE reports should be sent to [email protected] . The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program’s Home Page at http://www.epa.gov/osbp/dbe_reporting.htm .
This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in effect, including the Good Faith Effort requirements as described in 40 CFR Part 33, Subpart C, and Fair Share Objectives negotiation as described in 40 CFR Part 33, Subpart D.
F. Indirect Costs
The Cost Principles under 2 CFR Part 200, Subpart E apply to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement.
G. Non-Federal Third-Party Contributions
This award includes State/Other $822,799 of estimated non-federal third party contributions. Third party contributions counting towards satisfying a cost sharing or matching requirement must be verifiable from the records of grantees and subgrantees. As applicable, these records must reflect how the value is placed on third party contributions. The value of third party contributions must be applicable to the period to which the cost sharing or matching requirement apply (2 CFR Part 200.306).
Programmatic Conditions
a. Reporting
The recipient shall submit quarterly progress reports to the EPA Project Officer within 30 calendar days after the end of each Federal fiscal quarter (January 30, April 30, July 30, and October 30). These reports should include a discussion of the activities conducted during the quarter and progress towards milestones, problems encountered and their resolution, and activities planned for the next quarter. In addition, quarterly reports should identify any special EPA assistance needed, as well as provide a financial accounting of costs incurred during the quarter and cumulative project costs by task. The progress reports should include:
- a discussion of the activities conducted during the quarter (including a comparison of actual accomplishments with the anticipated outputs and outcomes specified in the workplan), - progress towards milestones,
- problems encountered with achieving outputs and outcomes, and their resolution, - activities planned for the next quarter, - a financial accounting of costs incurred during the reporting period, and - cumulative project costs (EPA and match amounts) since the beginning of the project, by task. - identification of any special EPA assistance needed, and an explanation of any cost overruns. The recipient will notify the EPA Project Officer if something materially impairs their ability to complete the tasks and deliver the products, outputs and outcomes identified in the workplan.
Within 90 days of the end of the project period, the recipient must submit 1 hardcopy of the final report, documenting project activities over the entire project period and the recipient's achievements with respect to the project's purposes and objectives. The final report must also be submitted electronically (by Email) to the EPA Project Officer.
b. QAPP
This grant includes the performance of environmental measurements, therefore, a QA Plan or Sampling and Analysis Plan must be prepared. The recipient should consult with the Region 9 Quality Assurance Office to determine what type of QA documentation would be most appropriate and what QA guidance should be followed. The QA Plan must be approved by the EPA Project Officer, the Region 9 Quality Assurance Manager, and the recipient's Quality Assurance Officer before measurement activities are undertaken. Emergency measurements may be taken without a QA Plan being prepared if the Region 9 Quality Assurance Manager agrees that the nature of the data collection activity required due to the emergency warrants an exemption. Contact the QA Office at 415-972-3411. c. Grant Source Recognition
The recipient should publicly acknowledge the US EPA San Francisco Bay Water Quality Improvement Fund as the funding vehicle for the projects when the grantee is asked by public entities, federal agencies or state and local agencies about the projects and on-going results. d. Cybersecurity
(a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all State or Tribal law cybersecurity requirements as applicable.
(b)(1) EPA must ensure that any connections between the recipient’s network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user-controlled connections such as website browsing are excluded from this definition.
If the recipient’s connections as defined above do not go through the Environmental Information Exchange Network or EPA’s Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional/Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA’s regulatory programs for the submission of reporting and/or compliance data.
(b)(2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient’s network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA’s Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA.
***** END OF DOCUMENT *****
W9 - 99T53401 - 1 Page 1
GRANT NUMBER (FAIN): 99T53401
MODIFICATION NUMBER: 1 DATE OF AWARD
PROGRAM CODE: W9 05/03/2019U.S. ENVIRONMENTAL
PROTECTION AGENCY TYPE OF ACTION
No Cost Amendment
MAILING DATE
05/03/2019
Assistance Amendment PAYMENT METHOD:
Advance
ACH#
90655
RECIPIENT TYPE:
Municipal
Send Payment Request to:
Las Vegas Finance Center email: [email protected]
RECIPIENT: PAYEE:
City of San Pablo
13831 San Pablo Ave., Bldg. 3
San Pablo, CA 94806
EIN: 94-6000423
City of San Pablo
13831 San Pablo Ave., Bldg. 3
San Pablo, CA 94806
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Amanda Booth
13831 San Pablo Ave., Bldg. 3
San Pablo, CA 94806
E-Mail: [email protected]
Phone: 510-215-3066
Luisa Valiela
75 Hawthorne Street, WTR-3
San Francisco, CA 94105
E-Mail: [email protected]
Phone: 415-972-3400
Danielle Carr
Grants Management Section, EMD-6-1
E-Mail: [email protected]
Phone: 415-972-3871
PROJECT TITLE AND EXPLANATION OF CHANGES
SF BAY WATER QUALITY IMPROVEMENT FUND - Rumrill Boulevard Complete Green Streets Project The City of San Pablo's project will install 11,500 square feet of low impact development (LID) facilities that will reduce polychlorinated biphenyl (PCB) and Mercury (Hg) loading to San Francisco Bay from an approximately 15 acre drainage area. These facilities when built will also decrease minor localized flooding and be maintained as Full Trash Capture devices, therefore reducing the amount of litter that reaches Wildcat and San Pablo Creeks and the San Francisco Bay. The project goals and activities will benefit the fish, wildlife, and humans that depend on a thriving, healthy San Francisco Bay.
This assistance agreement extends the budget and project ending dates from 06/30/2020 to 06/30/2022. There is no change to the federal assistance amount of $864,634.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/03/2016 - 06/30/2022 10/03/2016 - 06/30/2022 $1,737,236.00 $1,737,236.00
NOTICE OF AWARD
Based on your Application dated 05/26/2016 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $0. EPA agrees to cost-share 49.77% of all approved budget period costs incurred, up to and not exceeding total federal funding of $864,634. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS
U.S. EPA, Region 9
Grants Management Branch, EMD-6
75 Hawthorne Street
San Francisco, CA 94105
U.S. EPA, Region 9
Water DIvision, WTR-1
75 Hawthorne Street
San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official for Carolyn Truong - Grants Management Officer Danielle Carr - Award Official delegate
DATE
05/03/2019
EPA Funding Information W9 - 99T53401 - 1 Page 2
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ 864,634 $ 0 $ 864,634
EPA In-Kind Amount $ 0 $ $ 0
Unexpended Prior Year Balance $ 0 $ $ 0
Other Federal Funds $ 0 $ $ 0
Recipient Contribution $ 49,803 $ $ 49,803
State Contribution $ 672,353 $ $ 672,353
Local Contribution $ 0 $ $ 0
Other Contribution $ 150,446 $ $ 150,446
Allowable Project Cost $ 1,737,236 $ 0 $ 1,737,236
Assistance Program (CFDA) Statutory Authority Regulatory Authority
66.126 - San Francisco Bay Water Quality
Improvement Fund
Clean Water Act: Sec. 320 2 CFR 200
2 CFR 1500 and 40 CFR 33
Fiscal
Site Name Req No FY Approp.
Code
Budget
Organization
PRC Object
Class
Site/Project Cost
Organization
Obligation /
Deobligation
(PageBreak)
W9 - 99T53401 - 1 Page 3
Budget Summary Page
Table A - Object Class Category
(Non-construction)
Total Approved Allowable
Budget Period Cost
1. Personnel $146,711
2. Fringe Benefits $37,290
3. Travel $29,405
4. Equipment $0
5. Supplies $23,130
6. Contractual $1,433,500
7. Construction $0
8. Other $67,200
9. Total Direct Charges $1,737,236
10. Indirect Costs: % Base $0
11. Total (Share: Recipient 50.23 % Federal 49.77 %.) $1,737,236
12. Total Approved Assistance Amount $864,634
13. Program Income $0
14. Total EPA Amount Awarded This Action $0
15. Total EPA Amount Awarded To Date $864,634
(PageBreak)
W9 - 99T53401 - 1 Page 4
Administrative Conditions
General Terms and Conditions
The General Terms and Conditions of this agreement are updated in accordance with the link below. However, these updated conditions apply solely to the funds added with this amendment and any previously awarded funds not yet disbursed by the recipient as of the award date of this amendment. The General Terms and Conditions cited in the original award or prior funded amendments remain in effect for funds disbursed by the recipient prior to the award date of this amendment.
The recipient agrees to comply with the current EPA general terms and conditions available at:
https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2018 These terms and conditions are binding for disbursements and are in addition to or modify the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at https://www.epa.gov/grants/grant-terms-and-conditions#general.
Programmatic Conditions
All Programmatic Conditions Remain the Same.
#### END OF AWARD DOCUMENT ####
W9 - 99T53401 - 2 Page 1
RECIPIENT TYPE: Send Payment Request to:
Municipal RTPFC Email: [email protected]
RECIPIENT: PAYEE:
99T53401GRANT NUMBER (FAIN):
W9
PAYMENT METHOD:
Advance
DATE OF AWARD
MAILING DATE
ACH#
11/03/2021
90655
U.S. ENVIRONMENTAL
PROTECTION AGENCY
MODIFICATION NUMBER:
PROGRAM CODE: 11/03/2021
TYPE OF ACTION
No Cost Amendment
2 EIN:
City of San Pablo
13831 San Pablo Ave., Bldg. 3
San Pablo, CA 94806
94-6000423
13831 San Pablo Ave., Bldg. 3
City of San Pablo
Assistance Amendment
San Pablo, CA 94806
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Amanda Booth Luisa Valiela Danielle Carr
13831 San Pablo Ave., Bldg. 3 75 Hawthorne Street, WTR-3 Grants Management Section, EMD-6-1 San Pablo, CA 94806 San Francisco, CA 94105 75 Hawthorne Street [email protected]: San Francisco, CA 94105E-Mail: [email protected] 5102153066Phone: Phone: E-Mail:415-972-3400 [email protected] Phone: 415-972-3871
The City of San Pablo's project will install 11,500 square feet of low impact development (LID) facilities that will reduce polychlorinated biphenyl (PCB) and Mercury (Hg) loading to San Francisco Bay from an approximately 15 acre drainage area. These facilities when built will also decrease minor localized flooding and be maintained as Full Trash Capture devices, therefore reducing the amount of litter that reaches Wildcat and San Pablo Creeks and the San Francisco Bay. Further the project includes a community education and involvement piece that is intended to provide long-term water quality improvement benefits in the form of job skills training in an underserved community. This project implements and water quality actions listed under the SFEP CCMP. The project goals and activities will benefit the fish, wildlife, and humans that depend on a thriving, healthy San Francisco Bay.
This assistance agreement extends the budget and project period end dates to 06/30/2023. There is no changes to the the federal assistance amount of $864,634.
SF BAY WATER QUALITY IMPROVEMENT FUND
PROJECT TITLE AND EXPLANATION OF CHANGES
$1,737,236.00
TOTAL PROJECT PERIOD COSTBUDGET PERIOD
10/03/2016 - 06/30/2023 $1,737,236.0010/03/2016 - 06/30/2023
TOTAL BUDGET PERIOD COSTPROJECT PERIOD
NOTICE OF AWARD
Based on your Application dated 05/26/2016 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $0.00. EPA agrees to cost-share 49.77% of all approved budget period costs incurred, up to and not exceeding total federal funding of $864,634.00. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, all terms and conditions of this agreement and any attachments.
U.S. EPA, Region 9 Grants Branch, MSD-6
San Francisco, CA 94105
75 Hawthorne Street
San Francisco, CA 94105
Digital signature applied by EPA Award Official for
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)
ORGANIZATION / ADDRESS
75 Hawthorne Street
AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS
11/03/2021
DATE
Danielle Carr - Grants Management Specialist
Carolyn Truong - Grants Management Officer
U.S. EPA, Region 9, Water DIvision, WTR-1
R9 - Region 9
W9 - 99T53401 - 2 Page 2
EPA Funding Information
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
$864,634 $0EPA Amount This Action $864,634
$0 $0EPA In-Kind Amount $0
$0 $0Unexpended Prior Year Balance $0
$0 $0Other Federal Funds $0
$49,803 $0Recipient Contribution $49,803
$672,353 $0State Contribution $672,353
$0 $0Local Contribution $0
$150,446 $0Other Contribution $150,446
$1,737,236 $0Allowable Project Cost $1,737,236
Clean Water Act: Sec. 32066.126 - San Francisco Bay Water Quality Improvement Fund
Statutory Authority Regulatory AuthorityAssistance Program (CFDA) 2 CFR 200, 2 CFR 1500 and 40 CFR 33
W9 - 99T53401 - 2 Page 3
Total Approved Allowable
Budget Period Cost
Budget Summary Page
$1,433,500
$864,634
$1,737,236
$864,634
$37,290
$0
$0
$23,130
$67,200
Table A - Object Class Category
(Non-Construction)
$0
$146,711
$29,405
$0
$1,737,236
$0
1. Personnel
2. Fringe Benefits
3. Travel
4. Equipment
5. Supplies
6. Contractual
7. Construction
11. Total (Share: Recipient ______ % Federal ______ %)
8. Other
9. Total Direct Charges
12. Total Approved Assistance Amount
13. Program Income
14. Total EPA Amount Awarded This Action
15. Total EPA Amount Awarded To Date
10. Indirect Costs: 0.00 % Base
49.7750.23
W9 - 99T53401 - 2 Page 4
Administrative Conditions
All Administrative Terms Conditions Remain the Same, in addition, A and B have been revised.
General Terms and Conditions
The General Terms and Conditions of this agreement are updated in accordance with the link below.
However, these updated conditions apply solely to the funds added with this amendment and any previously awarded funds not yet disbursed by the recipient as of the award date of this amendment.
The General Terms and Conditions cited in the original award or prior funded amendments remain in effect for funds disbursed by the recipient prior to the award date of this amendment.
The recipient agrees to comply with the current EPA general terms and conditions available at:
https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2021-or-later.
These terms and conditions are binding for disbursements and are in addition to or modify the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award.
The EPA repository for the general terms and conditions by year can be found at:
https://www.epa.gov/grants/grant-terms-and-conditions#general.
A. Federal Financial Reporting (FFR)
For awards with cumulative project and budget periods greater than 12 months, the recipient will submit an annual FFR (SF 425) covering the period from "project/budget period start date" to September 30 of each calendar year to the EPA Finance Center in Research Triangle Park, NC. The annual FFR will be submitted electronically to [email protected] no later than December 30 of the same calendar year. (NOTE: The grantee must submit the Final FFR to [email protected] within 120 days after the end of the project period.)
B. Procurement The recipient will ensure all procurement transactions will be conducted in a manner providing full and open competition consistent with 2 CFR Part 200.319. In accordance 2 CFR Part 200.324 the grantee and subgrantee(s) must perform a cost or price analysis in connection with applicable procurement actions, including contract modifications. State recipients must follow procurement procedures as outlined in 2 CFR Part 200.317.
W9 - 99T53401 - 2 Page 5
Programmatic Conditions
All Programmatic Terms Conditions Remain the Same.
*** END OF DOCUMENT ***
Exhibit C
Federal Contract Provisions
Federally Funded Projects. This Project is funded in whole or in part by federal funds and subject to the following federal requirements under the terms of the funding agreement(s) between City and the federal agency or agencies providing federal funds, which are fully incorporated by this reference and made part of the Agreement. Copies of any funding agreement between City and a funding agency will be made available upon request. In the event of any conflict or inconsistency between Exhibit C, Exhibit D, if applicable, and this Agreement, Exhibit C will control.
1. Equal Opportunity. If this Agreement is for public works, during the performance of this Agreement, the Subrecipient agrees as follows:
(A) The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Subrecipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(B) The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(C) The Subrecipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision will not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Subrecipient's legal duty to furnish information.
(D) The Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representatives of the Subrecipient’s commitments under this section, and will post copies of the notice in conspicuous places available to employees and applicants for employment.
(E) The Subrecipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the United States Secretary of Labor.
(F) The Subrecipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the United States Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the United States Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(G) In the event of the Subrecipient’s noncompliance with the nondiscrimination clauses of this Agreement or with any of the rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Subrecipient may be declared ineligible for further federal government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the United States Secretary of Labor, or as otherwise provided by law.
(H) The Subrecipient will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the United States Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Subrecipient will take such action with respect to any subcontract or purchase order as the City or funding agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a Subrecipient becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the City or funding agency, the Subrecipient may request the United States to enter into such litigation to protect the interests of the United States.
2. Davis-Bacon Act. If this Agreement is for public works, Subrecipient will pay wages to laborers and mechanics, not less than once a week, and at a rate not less than the current federal prevailing wages specified in the Davis-Bacon Act Wage Determination. By entering into this Agreement, Subrecipient accepts the Wage Determination found at https://www.wdol.gov/dba.aspx.
3. Copeland “Anti-Kickback” Act. If this Agreement is for public works, Subrecipient will comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement. Subrecipient and subcontractors must insert this requirement into subcontracts of any tier. Subrecipient is responsible for compliance with these requirements by each subcontractor of any tier.
4. Contract Work Hours and Safety Standards Act. In addition to the California state law requirements, Subrecipient and each subcontractor must comply with the requirements of the federal Contract Work Hours and Safety Standards Act, as set forth in 40 U.S.C. 3701-3708, as supplemented by the regulations set forth in 29 CFR Part 5, as may be amended from time to time, which are fully incorporated herein, including:
(A) No Subrecipient or subcontractor will require or permit any laborer or mechanic performing Work for the Project to work in excess of 40 hours in a work week unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours during that work week.
(B) If Subrecipient or a subcontractor violates this requirement, the Subrecipient and any responsible subcontractor will be liable for the unpaid wages. In addition, the Subrecipient and subcontractor will be liable to the United States for liquidated damages.
The liquidated damages will be computed with respect to each individual worker as specified under federal law.
(C) Subrecipient and subcontractors must insert this requirement into subcontracts of any tier. Subrecipient is responsible for compliance with these requirements by each subcontractor of any tier.
5. Rights to Inventions. If the federal funding for this Agreement meets the definition of “funding agreement” under 37 CFR section 401.2(a) and constitutes an agreement between the City and a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency, will apply to this Agreement and are fully incorporated into the Agreement by this reference.
6. Clean Air Act. If the Agreement is for an amount in excess of $150,000, Subrecipient and each subcontractor must comply with the requirements of the Clean Air Act, as amended, (42 U.S.C. §§ 7401-7671q), which are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency. Subrecipient and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
7. Federal Water Pollution Control Act. If the Agreement is for an amount in excess of $150,000, the requirements of the Federal Water Pollution Control Act (33 U.S.C. §§ 1251-1387) apply to this Agreement and are fully incorporated into the Agreement by this reference, including requirements for reporting violations to the awarding agency and the applicable Regional Office for the Environmental Protection Agency requirements for reporting violations. Subrecipient and subcontractors must insert this requirement into subcontracts of any tier in excess of $150,000.
8. Suspension and Debarment. Subrecipient is required to verify that neither it, nor its principals, as defined at 2 CFR section 180.995, or its affiliates, as defined at 2 CFR section 180.905, are excluded or disqualified, as defined at 2 CFR sections 180.935 and 180.940.
Subrecipient must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a provision requiring compliance with these regulations in any subcontract of any tier.
If it is later determined that the Subrecipient did not comply with the applicable subparts, the Federal Government may pursue available remedies, including, but not limited to, suspension and/or debarment. By submitting a bid and entering into this Agreement, Subrecipient agrees to comply with these requirements.
9. Byrd Anti-Lobbying Amendment. If the Agreement is for an amount in excess of $100,000, Subrecipient must comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352)
and file the certification provided at 44 CFR Part 18, Appendix A, and any disclosures, with the applicable federal agency. Each tier certifies to the tier above that it will not and has not used federal-appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier will also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award.
Such disclosures will be forwarded from tier to tier up to the recipient.
10. Procurement of Recovered Materials. The requirements of section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962, apply to this Agreement and are fully incorporated into the Agreement by this reference. For individual purchases of $10,000 or more, Subrecipient will make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (A) competitively within the Agreement schedule, (B) in conformance with Agreement performance requirements, or (C) at a reasonable price. Information on this requirement, including a list of EPA-designated items, is available at the EPA’s Comprehensive Procurement Guidelines website:
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
11. Small and Minority Businesses. When procuring subcontractors, Subrecipient must take all necessary affirmative steps pursuant to 2 CFR § 200.321(b), subject to the limitations of law, to ensure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include:
(A) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists.
(B) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources.
(C) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises.
(D) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises.
(E) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.
12. Prohibition on Covered Telecommunications. Federal loan or grant funds must not be obligated or expended to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, as further specified in 2 CFR § 200.216, which is fully incorporated into the Agreement by this reference. Covered telecommunications equipment or services includes equipment produced by, services provided by, or services using equipment produced by: Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
13. Domestic Preferences for Procurements. As appropriate and to the extent consistent with laws, the City should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States, as further specified in 2 CFR § 200.322, which is fully incorporated into the Agreement by this reference, including, but not limited to, iron, aluminum, steel, cement, and other manufactured products, as specified therein. The requirements of 2 CFR § 200.322 must be included in all subcontracts and purchase orders for work or products under the federal award.
Exhibit D
USEPA Subaward Policy
1 Please see RAIN-2018-G04-R1 for details regarding changes to this GPI effective September 28, 2021.
Please see RAIN-2018-G03-R for details regarding changes to this GPI effective November 12, 2020.
Amended Grants Policy Issuance (GPI) 16-01
EPA Subaward Policy
1.0 Purpose
(a) This policy establishes the requirements and procedures for Grants Management Offices and Program Offices in making determinations regarding subrecipient eligibility, overseeing pass-through entity monitoring and management of subawards, and authorizing fixed amount subawards under 2 CFR 200.331, 200.332, and 200.333 (“the applicable regulations”). This policy supersedes EPA’s previous Subaward Policy contained in Part 2, Section 01 of EPA’s Assistance Administration Manual.
(b) In order to effectively implement the EPA Subaward Policy, it is important at the outset for EPA personnel as well as pass-through entities to understand the difference between subawards and procurement contracts since the rules for these two types of transactions are different.
(1) Pass-through entities make subawards to other organizations to carry out a portion of the Federal award under terms that establish a financial assistance relationship to accomplish a public purpose that is authorized under a Federal program. Subrecipients only receive reimbursement for their actual direct or approved indirect costs such that they do not “profit” from the transaction and subrecipients are subject to the same Federal requirements as the pass-through entity. There is no requirement in the applicable regulations for pass-through entities to compete subawards.
(2) In contrast, procurement contractors (including individual consultants) typically provide goods and services on commercial terms, operate in a competitive environment and a reasonable profit is allowable. Additional guidance is available in Section 7.0 and Appendix A: Distinctions Between Subrecipients and Contractors of this policy. The Procurement Standards of 2 CFR Part 200 include competition requirements.
(c) A pass-through entity may use the term ‘contract’ to characterize a subaward arrangement.
Therefore, it is important to examine the substance of the agreement using the characteristics discussed in 2 CFR 200.331 and Appendix A: Distinctions Between Subrecipients and Contractors of this policy to determine if the transaction is a subaward or a procurement contract.
2.0 Applicability and Effective Date
EPA’s Subaward Policy applies to financial assistance agreements and incremental or supplemental funding amendments awarded to pass-through entities on or after March 29, 2016. The revision effective November 12, 2020, supersedes all prior versions of the Subaward Policy.
The Subaward Policy does not apply to collaborative relationships, including those documented in a written agreement, between recipients and third parties that do not involve the transfer of assistance funds or property purchased with assistance funds.
2 The Subaward Policy does not apply to financial assistance agreements for the capitalization of revolving loan funds (RLF). Requirements for RLF recipients and borrowers are addressed in more detail in 2 CFR Part 1500, national program guidance for EPA RLF programs or the terms and conditions of RLF assistance agreements. The Agency may apply the Subaward Policy, or selected provisions of it, to other financial assistance agreements with the consent of the pass-through entity.
3.0 Definitions
For purposes of this Subaward Policy, the following terms are defined at 2 CFR 200.1:
Contractor
Federal Award
Federal Financial Assistance
Fixed Amount Awards
Indian Tribe
Institutions of Higher Education
Local Government
Modified Total Direct Costs
Non-Federal Entity
Nonprofit Organization
Obligations
State
Contract. Defined at 2 CFR 200.1. A contract does not include a Federal award or subaward.
Individual: A natural person.
Pass-through entity: This term is defined at 2 CFR 200.1 and refers to a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.
Recipient: This term is defined at 2 CFR 200.1 and does not include subrecipients. For the purposes of this Subaward Policy the term “Recipient” also includes individuals who receive awards under EPA statutes authorizing direct Federal financial assistance to individuals other than fellowship recipients under 40 CFR Part 46.
Simplified Acquisition Threshold: This term is defined at 2 CFR 200.1.
As of the date of the issuance of the Subaward Policy the Simplified Acquisition Threshold is $250,000.
This amount is periodically adjusted for inflation and the revised threshold is published in the Federal Acquisition Regulation at 48 CFR 2.1 (Definitions).
Subaward: This term is defined at 2 CFR 200.1.
Subawards do not include payments to contractors (including consultants) or to program beneficiaries such as trainees, interns, fellows and subsidy or rebate program participants. Subawards may include loans, loan guarantees, interest subsidies and principal forgiveness, purchases of insurance or similar transactions entered into with borrowers by recipients of RLF capitalization agreements. Requirements for RLF pass-through entities and borrowers for complying with the Uniform Grant Guidance (UGG) 3 provisions relating to subawards are described in 2 CFR Part 1500, national program guidance for EPA RLF programs or the terms and conditions of the RLF agreements rather than this Subaward Policy.
Subrecipient: This term is defined at 2 CFR 200.1.
For the purpose of this Subaward Policy “subrecipient” includes both Federal and non-Federal entities and individuals (who are not program beneficiaries) who are eligible for subawards to the extent consistent with the authorizing statutes and regulations, 2 CFR Part 180, Office of Management and Budget (OMB) Guidance to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) and 2 CFR Part 1532, EPA’s Nonprocurement Suspension and Debarment regulation.
4.0 Background
EPA’s Subaward Policy implements regulatory requirements and addresses recommendations from Office of Inspector General (OIG) audits of assistance agreements containing subawards.
(a) The Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards (Uniform Grant Guidance or UGG) codifies standards for distinguishing between subawards and contracts at 2 CFR 200.331 and this Subaward Policy provides additional guidance consistent with that regulation.
(b) Under 2 CFR 200.332, pass-through entities must include a number of provisions in subaward agreements and implement effective systems to monitor and guide subrecipient performance; this Subaward Policy provides guidance on how EPA will oversee compliance with those requirements.
(c) The OIG has recommended that EPA enhance its oversight of pass-through entities to ensure that subawards are used in appropriate circumstances, costs are reasonable and that pass-through entities effectively monitor subrecipient performance. This Subaward Policy includes provisions that respond to the OIG’s recommendations.
5.0 General Principles
It is EPA policy that subawards under Agency assistance agreements be properly awarded, managed and monitored in compliance with the applicable regulations and in a manner that promotes accountability while minimizing burdens on pass-through entities and EPA staff. The Agency will appropriately oversee pass-through entities on a pre-award and post-award basis. This includes ensuring that:
(a) Agency personnel identify pass-through entities during pre-award cost reviews or post-award requests to make subawards under 2 CFR 200.308(c)(1)(vi) and advise pass-through entities to have adequate systems in place to comply with 2 CFR 200.331, 2 CFR 200.332 and section 9.0 of this Subaward Policy during post-award monitoring.
(b) Pass-through entities effectively monitor the performance of subrecipients.
(c) Pass-through entities do not use subawards to transfer or delegate their responsibility for successful completion of their EPA assistance agreement.
(d) Financial assistance awards to pass-through entities do not circumvent the requirements of EPA 4 Order 5700.5A1, Policy for Competition of Assistance Agreements (02/06/2014) (“EPA’s Competition Policy”).
(e) EPA personnel do not direct, recommend or suggest that pass-through entities make subawards to particular organization(s) except to the extent allowed under section 10.0(b) of this Subaward Policy.
6.0. National Term and Condition.
EPA has established a National Term and Condition for Subawards for all assistance agreements, which is located in Appendix B of this policy.
7.0 Eligibility for Subawards.
(a) Generally, unless prohibited or limited by statute, a non-Federal entity or individual is eligible to receive a subaward even if it is not eligible to receive an assistance agreement from EPA directly as long as the subaward is consistent with applicable regulations, policies, and EPA guidance. Federally Funded Research and Development Centers are eligible subrecipients provided the substance of the transaction is consistent with the guidance at 2 CFR 200.331 and Appendix A: Distinctions Between Subrecipients and Contractors.
(b) As provided in 2 CFR Part 25, Appendix A , Federal agencies are subrecipients for the purposes of the System for Award Management and Universal Identifier Requirements when they receive “subawards” from pass-through entities. Federal agencies may also be subrecipients for the purposes of 2 CFR Part 200 as indicated in the definition of Subrecipient in 2 CFR 200.1. Nonetheless, Federal agencies must have statutory authority to provide services to non-Federal entities on a reimbursable basis or otherwise receive and use funds from non-Federal entities under subawards. Examples of statutes available to all Federal agencies for receipt and use of EPA financial assistance funds are the Intergovernmental Cooperation Act for services to state and local governments, the Federal Technology Transfer Act for Cooperative Research and Development and Agreements, and the Omnibus Territories Act for reimbursable services agreements with U.S. Territories.
(c) For-profit organizations and individual consultants, with very few exceptions, are contractors rather than subrecipients under the standards in 2 CFR 200.331 and EPA’s guidance; they are typically ineligible for subawards from pass-through entities. As provided in the National Term and Condition for Subawards, EPA’s Award Official must approve subawards to these entities on the basis of either precise descriptions of the subawards in the EPA approved budget and work plan or on a transaction by transaction basis. See Appendix A: Distinctions Between Subrecipients and Contractors for additional guidance.
(d) Nonprofit organizations exempt from taxation under section 501(c)(4) of the Internal Revenue Code that engage in lobbying activities are ineligible for EPA subawards based on the Agency’s policy for interpreting the Lobbying Disclosure Act, 2 U.S.C. 1611.
(e) EPA program office staff should ensure that pass-through entities are aware of limitations on subrecipient eligibility contained in statutes or regulations. EPA program offices may communicate 5 applicable limitations to potential pass-through entities in announcements for competitive awards, program guidance for continuing environmental program grants or other noncompetitive awards, and programmatic terms and conditions.
(f) In consultation with OGD’s National Policy, Training and Compliance Division and the Office of General Counsel or Office of Regional Counsel, as appropriate, Program offices may establish policies limiting eligibility for subawards to the extent permitted by statute or regulation. EPA program offices must communicate applicable policies to potential pass-through entities in announcements for competitive awards, program guidance for continuing environmental program grants or other noncompetitive awards, and programmatic terms and conditions.
8.0 Internal Controls for EPA Oversight of Pass-Through Entity Compliance with the Applicable Regulations and EPA Subaward Policy.
This section identifies policies and procedures designed to provide internal controls that promote pass- through entity compliance with applicable regulations and this Subaward Policy.
(a) EPA policy is to require that pass-through entities include the aggregate amount for subawards in the “Other” budget category of their Standard Form (SF) 424A, “Budget Information for Non- Construction Programs” or equivalent forms for construction agreements unless OMB revises the budget categories in the SF-424A to include one for subawards.
1. Pass-through entities may erroneously place costs for subawards under the “Contractual” budget category based on practices at other agencies. As part of their pre-award cost reviews, Project Officers (PO) and Grant Specialists (GS) must review budget justifications and amounts recipients budget for “Contractual” to ensure that subaward costs are classified as “Other”.
2. The amount of funding a pass-through entity estimates that it will use for subawards costs must be documented in a separate line item in the budget justification for the “Other” budget category or another provision of the work plan.
(b) If necessary, POs should work with the pass-through entity to obtain approval for international subawards as provided in section 11.0 (a) of this Subaward Policy.
(c) During pre-award review, GS must check for compliance with the $25,000 limitation at in Modified Total Direct Costs as defined in 2 CFR 200.1on including subaward costs in Modified Total Direct Cost for the purposes of distributing indirect costs.
(d) Award Officials are responsible for ensuring that all awards (including those in which the recipient has not identified subawards) contain the National Term and Condition for Subawards.
Additionally, the Award Officials may highlight this term and condition in the cover letter in the Notice of Award using either the following template or similar language:
If your work plan and budget includes subawards of financial assistance (as defined in Subawards at 2 CFR 200.1 and 2 CFR 200.331), please pay particular attention to EPA’s National Term and Condition for Subawards which is found in the programmatic terms and conditions for this award. By accepting this assistance agreement, your organization is certifying that it either has 6 systems in place to comply with the regulatory or EPA policy requirements specified in the National Term and Condition for Subawards or that it will refrain from making subawards with funding EPA provides under this agreement until the systems are designed and implemented.
Also note that should your organization decide to make a subaward(s) that was not described in the work plan and budgeted for under this agreement you must obtain prior written approval from EPA’s Award Official for the subaward as provided at 2 CFR 200.308(c)(1)(vi).
(e) POs must include the Model Programmatic Subaward Reporting Requirement contained in Appendix C, or a customized version of the model in the performance reporting terms and conditions for assistance agreements with pass-through entities. The reporting frequency must be the same as that for other performance reports.
1. Project Officers may customize the Model Programmatic Subaward Reporting Requirement based on programmatic information needs provided they do not create a form for the collection of identical data from 10 or more pass-through entities. Doing so may trigger the Office of Management and Budget’s Information Collection Request regulations. Project Officers should consult with OGC or ORC as appropriate if there are questions regarding whether an ICR is required.
2. In situations in which a recipient advises EPA after award that it intends to make subawards, the PO must request that the Award Official amend the assistance agreement to add the Model Programmatic Subaward Reporting Requirement or a customized subaward reporting term and condition when granting approval under 2 CFR 200.308(c)(1)(vi) for the subawards.
(e) POs must review pass-through entity performance reports describing subrecipient progress towards achieving program objectives. If the pass-through entity’s performance reports raise questions regarding whether a subrecipient is making adequate progress, POs should ensure that the pass-through entity considers measures such as those set forth at 2 CFR 200.332 (d)(2), (e)(1) and (2) or (h) to address the situation.
(f) POs are responsible for ensuring that, as appropriate, awards to pass-through entities include program-specific terms and conditions relating to subawards. Additionally, under cooperative agreements with pass-through entities, Program Offices may be substantially involved in subaward related activities under the terms and conditions of the agreement and POs may exercise EPA’s approval rights under these T&Cs. Consistent with EPA Order 5700.1, examples of EPA substantial involvement include, but are not limited to:
1. EPA approval of or consultation on proposed subrecipients’ eligibility provided the Agency does not direct, recommend, or suggest that the pass-through entity provide a subaward to a particular organization.
2. If not described in the approved work plan, EPA approval of competitive or noncompetitive procedures the pass-through entity will use to select subrecipients prior to the award of any subawards.
3. EPA participation in panels for subaward competitions to the extent permitted in section 10.0 (b) of the Subaward Policy.
7 4. EPA approval of the substantive terms of subawards.
(g) In situations in which EPA determines that a pass-through entity has not adequately monitored subrecipient performance, POs may participate in the pass-through entities’ subaward monitoring activities if a specific award condition is added to the award pursuant to 2 CFR 200.208.
(h) As a component of post-award oversight, POs and GSs are responsible for inquiring whether pass-through entities have adequate systems in place for complying with:
1. 2 CFR 200.331, the subrecipient eligibility provisions of EPA’s National Term and Condition for Subawards, and any program specific restrictions on subrecipient eligibility.
2. 2 CFR 200.332, Requirements for pass-through entities, as described in EPA’s National Term and Condition for Subawards. A template for a subaward agreement that meets the requirements of 2 CFR 200.332(a) (a) is available at Appendix D of this Subaward Policy and may be provided to the pass-through entity subject to the limitations in Section 12 of this Subaward Policy.
The level of inquiry should be based on the PO’s or GS’s assessment of the pass-through entities’ history of managing subaward programs as reflected in programmatic baseline and advanced monitoring reports, audit reports, and other information that has come to the POs attention. Inquiries may be made as part of programmatic or administrative base line monitoring, advance monitoring, desk reviews, discussions of progress reports with pass-through entities, or otherwise, as appropriate. Program offices may, in consultation with EPA’s Office of Grants and Debarment, the Office of General Counsel and, if appropriate, Office of Regional Counsel develop program specific guidance for pass-through entities and their subrecipients on compliance with this Subaward Policy. OGD may also issue Agency-wide supplemental guidance as necessary.
9.0 Fixed Amount Subawards
(a) Under 2 CFR 200.333, EPA may allow pass-through entities to award subawards up to the simplified acquisition threshold on a fixed amount or “lump sum” basis such that the subrecipient does not account for actual costs. OGD will consider approving the use of fixed amount subawards on a pilot basis at the request of a Program Office. After completion of the pilot, OGD and the Program Office will consider whether fixed amount subawards will be a permanent feature of the grant program. Fixed amount subawards must meet the standards of 2 CFR 200.201(b).
Examples of potential fixed amount subaward pilot projects include:
1. Conference support for units of government, Institutions of Higher Education (IHE) and nonprofit organizations including general “sponsorships” in amounts up to $25,000 provided the recipient obtains in accordance with 2 CFR 200.201(b)(1) written assurance that the conference organizer will refund the entire amount of the subaward if the conference does not take place.
2. Studies or research projects that produce written reports funded on a milestone achievement or project completion basis provided the subrecipient is a unit of government, an IHE, a 8 nonprofit organization, or a student or post-doctoral fellow at an IHE.
3. Training classes funded on a milestone completion (e.g., preparation of curricula, rental of facility, course delivery, and submission of evaluation report) or a unit price basis upon project completion provided the subrecipient is a unit of government, an IHE or a nonprofit organization.
4. Community meetings funded on a milestone completion (e.g., outreach, preparation of agenda, rental of facility, meeting, and submission of attendee roster/meeting summary) or on a unit price basis upon project completion provided the subrecipient is a unit of government, an IHE or a nonprofit organization.
10.0 Subaward Competitions.
Unlike contracts subject to the Procurement Standards of 2 CFR Part 200, the applicable regulations do not require that pass-through entities select subrecipients competitively. Program Offices, however, may require that pass-through entities conduct competitions for subawards unless otherwise prohibited by statute, regulation or official EPA policy. Similarly, pass-through entities may choose to select subrecipients competitively provided this practice is consistent with applicable statutes, regulations and the terms of their EPA financial assistance agreement.
(a) EPA Required Subaward Competitions
1. Under some EPA assistance programs, pass-through entities may be legally required to conduct subaward competitions. Program Offices and Regions must ensure pass-through entities conduct these competitions consistent with any applicable legal requirements and provisions of this Subaward Policy.
2. Under both competitive and non-competitive EPA assistance agreement awards, if Program Offices require the pass-through entity to conduct a competition for subawards, they must determine that the subaward competition is necessary for the effective and efficient implementation of the assistance program. This determination must be in writing and placed in the official program office assistance agreement file.
a. Non-Competitive EPA Assistance Agreements - When a Program Office requires the pass- through entity to conduct a subaward competition under a non-competitive EPA assistance agreement, the award must include a programmatic term and condition requiring the recipient to conduct the subaward competition consistent with the negotiated work plan and the provisions of this Subaward Policy.
b. Competitive EPA Assistance Agreements - When a Program Office requires the pass- through entity to conduct a subaward competition under a competitive EPA assistance agreement, the Agency’s competitive funding announcement must include ranking factors for evaluating the applicants’ proposed procedure for conducting the subaward competition. In addition, the award must include a programmatic term and condition requiring the pass-through entity to conduct the subaward competition consistent with the subaward competitive process described in the approved work plan and the provisions of this Subaward Policy. 9 (b) EPA Participation in Subaward Competitions.
1. General. Pass-through entities are responsible for selecting their subrecipients and conducting their subaward competitions. In addition, EPA personnel may not direct pass- through entities to make subawards to particular organizations, suggest the use of specific subrecipients, interfere with the recipient’s subaward selection decisions, or use subawards to circumvent EPA policies for competition of assistance agreements. For example, a Program Office may want to award a non-competitive grant to Organization A but is not authorized to do so because of restrictions under EPA’s Assistance Agreement Competition Policy. EPA may not circumvent these restrictions by awarding a non-competitive grant to Organization B with the understanding that Organization B will then subaward all of the work to Organization A.
2. Participation as Technical Advisors. EPA personnel may serve as technical advisors to a pass- through entity’s subaward evaluation panel as part of EPA’s substantial involvement in a cooperative agreement provided that they do not unduly influence the panel or selection decisions and are free of any conflicts of interest, and actual or apparent violations ethical standards (e.g., Office of Government Ethics (OGE) Standards of Ethical Conduct for Employees of the Executive Branch), with respect to any competing subrecipients.
3. Participation on Evaluation Panels. For subaward competitions conducted by pass- through entities under cooperative agreements, EPA personnel may serve as members of the recipient’s subaward evaluation panel provided:
a. The pass-through entity uses objective, transparent criteria to rank and select subrecipients.
b. EPA and other federal agency personnel do not unduly influence the panel or selection decisions (e.g., federal employees must comprise substantially less than a majority of the panel).
c. EPA employees are free of conflicts of interest, or actual or apparent violations of ethical standards (e.g., OGE Standards of Ethical Conduct for Employees of the Executive Branch), with respect to any competing subrecipients.
11.0 Special Considerations for Specific Types of Subawards.
(a) In accordance with EPA Order 4540.1, EPA’s Office of International and Tribal Affairs (OITA), must consent to proposed EPA financial assistance agreements, prior to award, where work will be performed by any recipient or subrecipient in whole or in part in a foreign country, or where work will be performed in the United States by a foreign government recipient and its subrecipient or an international organization recipient and its subrecipient. OITA must consent to any work by a subrecipient that meets these criteria either prior to award of the EPA assistance agreement to the pass- through entity or prior the pass-through entity’s award of the subaward.
(b) EPA’s National Subaward Term and Condition requires Agency approval for subawards to individuals. Although individuals are eligible for subawards under this Subaward Policy on the basis of several EPA statutes (e.g., section 103 of the Clean Air Act, section 104 of the Clean Water Act, 10 section 8001 of the Solid Waste Disposal Act) EPA Program Offices and GMOs must ensure that subawards are not made to individuals who are considered program beneficiaries (e.g., interns, fellows, trainees, community members attending conferences). The definition of Subrecipient at 2 CFR 200.1 program beneficiaries are excluded from the definition of Subrecipient. Stipends and other payments to program beneficiaries are properly characterized as Participant Support Costs under 2 CFR 200.1 and 2 CFR 200.456 and included as line items in the “Other” budget category.
(c) Program Offices and GMOs must carefully review situations in which a pass-through entity intends to make a subaward(s) for 100% of funds EPA will award under a financial assistance agreement. Competitive proposals with 100% pass through should be discussed with the Grant Competition Advocate’s staff. If not adequately addressed in the work plan, the PO should request that the pass- through entity explain, in writing:
1. The reasons for subawards for 100% of the funds out to another organization(s) and;
2. How the pass-through entity will provide adequate resources to manage the award, including providing required financial and programmatic reports to EPA, and for monitoring subrecipients as required by 2 CFR 200.332.
This information must be reviewed by the Award Official or designee prior to awarding funds to the pass-through entity.
12.0 Template for Subaward Agreements.
Program Offices may provide the subaward template contained in Appendix D of the Subaward Policy to recipients of EPA financial assistance that are “Pass-through entities” as defined by 2 CFR 200.1 to assist them in complying with the “subaward content” requirements in 2 CFR 332(a). EPA does not mandate the use of this template. With OGD, OGC, and if appropriate ORC approval, Program Offices may use program specific subaward templates that are consistent 2 CFR 200.332(a). Pass- through entities may also use their own form of subaward agreements provided the requirements of 2 CFR 200.332(a) are met.
13.0 Evaluation
OGD, in coordination with the EPA grants management community, will periodically review this policy to assess its effectiveness.
14.0 Waivers
In response to a written request from the appropriate Senior Resource Official, or designee, the Director of OGD, or designee, may approve waivers to this Subaward Policy on a case-by-case or class basis in circumstances of compelling urgency or unique programmatic consideration or where a waiver would be in the public interest provided the waiver is consistent with statutes, the applicable regulations and Executive Orders. The Director of OGD, or designee, may also make exceptions to any regulatory requirements of mentioned in this policy on case-by-case basis as authorized by 2 CFR 200.102 and 2 CFR 1500.4(a). Exceptions will be granted only in extraordinary circumstances and when consistent with statutes and Executive Orders.
11 15.0 Roles and Responsibilities
A. Office of Grants and Debarment (OGD)
OGD is responsible for:
1. Posting the National Subaward Term and Condition described in Section 6.0 of this policy.
2. Developing cost review guidance to facilitate implementation of Section 8.0 of this policy.
3. Overseeing Agency compliance with this policy and providing necessary implementing guidance including approval of Program specific subaward guidance and subaward templates.
4. Consulting with Program Offices on their proposed policies to limit subaward eligibility under Section 7.0(e) of this policy.
5. Approving or disapproving pilots for fixed amount subawards under Section 9.0.
6. Evaluating the effectiveness of this policy under Section 13.0 of this policy including conducting periodic reviews of pass-through entity compliance with the requirements.
7. Approving or disapproving waiver requests under Section 14.0 of this policy and posting waiver decisions on the OGD Intranet page.
8. Developing training, responses to frequently asked questions, and, as necessary, Agency wide supplemental guidance on implementing this Subaward Policy.
B. Headquarters and Regional Program Offices
Program Offices are responsible for:
1. Adhering to the subaward eligibility provisions and consulting with OGD and OGC/ORC on program- specific eligibility restrictions as described in Section 7.0 of this policy.
2. Complying with applicable pre-award and post-award oversight requirements described in Sections
8.0, 10.0 and 11.0 of this policy including providing EPA approvals specified in substantial involvement terms and conditions for cooperative agreements.
3. Including (and modifying, if applicable) the Model Programmatic Subaward Reporting Requirement contained in Appendix C, in the performance reporting terms and conditions for assistance agreements with pass-through entities as described in Section 8.0.
4. Complying with subaward competition requirements as described in Section 10.0 of this policy.
5. Obtaining OITA consent for subaward work in a foreign country or subaward work performed in the U.S. by a foreign government or a foreign government subrecipient as described in Section 11.0(a) of this policy.
12 6. Working with GMOs to ensure that subawards are not approved to individuals who are considered program beneficiaries as described in Section 11.0(b) of this policy.
7. Reviewing proposals for 100% pass-through sub-awards as described in Sections 11.0(c) of this policy.
8. Requesting OGD approval for pilots of fixed amount subawards.
9. Providing pass-through entities with the template for subaward agreement in Appendix D or an OGD approved program specific template when requested to do so by the pass-through entities.
10. Subject to OGD approval, developing as appropriate program specific guidance and subaward templates for pass-through entities and their subrecipients to promote compliance with this Subaward Policy.
C. Office of General Counsel (OGC)/Office of Regional Counsel (ORC)
OGC/ORC is responsible for providing legal advice to ensure compliance with applicable statutes, executive orders, ethical standards, and OMB/EPA regulations.
D. Grants Management Offices (GMOs)
GMOs are responsible for:
1. Including the National Term and Condition for Subawards described in Section 6.0 and Appendix B of this policy in all assistance agreements, providing EPA approvals as specified in the T&C, and providing the notification described at 8.0(d).
2. Complying with applicable pre-award and post-award requirements described in Sections 8.0 and
11.0 of this policy.
3. Working with Program Offices to ensure that subawards are not approved to individuals who are considered program beneficiaries as described in Section 11.0 of this policy.
4. Working with Program Offices to prevent improper 100% pass-through sub-awards as described in Sections 11.0 of this policy.
E. Office of International and Tribal Affairs (OITA)
OITA is responsible for acting on requests for EPA consent for subawards involving any work to be performed in a foreign country or any work to be performed in the U.S. by a foreign recipient or international organization as provided in section 11.0 of this policy.
EPA Subaward Policy Appendix A: Distinctions Between Subrecipients and Contractors
This Appendix uses 2 CFR 200.331 as the basis for distinguishing between subrecipients and contractors.
Pass-through entities make subawards to other organizations to carry out a portion of the Federal award under terms that establish a financial assistance relationship to accomplish a public purpose that is authorized under a Federal program. Subrecipients only receive reimbursement for their actual direct or approved indirect costs such that they do not “profit” from the transaction and subrecipients are subject to the same Federal requirements as the pass-through entity. In contrast, consistent with 2 CFR 200.331, procurement contractors (including individual consultants) typically provide goods and services on commercial terms, operate in a competitive environment and a reasonable profit is allowable.
The regulations require that non-Federal entities award contracts following full and open competition with the exception of transactions in amounts below the micro-purchase level or when a sole source contract is properly justified; 2 CFR 200.319; 2 CFR 200.320. Pass-through entities may enter into subawards without competition unless a statute, regulation, or the terms of the EPA award provide otherwise. This distinction makes accurate determinations regarding whether a transaction is with a subrecipient or a contractor particularly important.
A subaward may be provided by any form of legal agreement that complies with 2 CFR 200.332(a)(1). A pass-through entity may use the term ‘contract’ to characterize a subaward arrangement. It is, therefore, important to examine the substance of the agreement using this appendix to determine if the transaction is a subaward or a procurement contract.
The legal status of an organization as a governmental unit, non-profit organization, institute of higher education, or for-profit organization while not necessarily determinative of whether the transaction at issue is a subaward or procurement contract is an important factor to consider. As provided in 2 CFR 200.331 recipients must exercise sound judgment in deciding whether a transaction is a procurement contract or subaward subject to this EPA guidance. Based on the standards at 2 CFR 200.331(a) and (b)
EPA has determined that transactions:
1. Between legally distinct units of government (e.g. a state providing funds to a local government) will in almost all cases be either subawards or intergovernmental agreements under 2 CFR 200.318(e) rather than procurement contracts since governmental units do not provide services on commercial terms.
2. Between institutions of higher education (IHE), or between IHEs and units of government or nonprofit organizations, are typically subawards particularly when the transactions relate to joint research, training (including technical assistance and public education) or demonstration projects.
3. Between nonprofit organizations for collaborative projects that further the missions of both organizations are typically subawards although situations in which one nonprofit provides ancillary services that are widely available in the competitive market such as accounting or information technology for operations (e.g., payroll) to another nonprofit are characteristic of a procurement contract.
4. Between any recipient and a for-profit firm or individual consultant, in almost all cases, would be a procurement contract subject to the competitive requirements of 2 CFR 200.319 and 2 CFR 200.320.
For-profit firms and individual consultants operate in a competitive environment and provide goods and services on commercial terms to many different purchasers rather than carrying out a program for public purposes under the statute authorizing EPA to award financial assistance.
EPA’s National Term and Condition for Subawards requires EPA Award Official approval for subawards to for-profits and individual consultants. Examples of situations in which a for-profit firm may be an eligible subrecipient would be an EPA financial assistance program that provides funding for pollution control projects at a company’s production facilities and the firm will receive reimbursement for personnel and contractor costs. The for-profit firm in that case would not be providing goods and services to the pass- through entity.
As provided in 2 CFR 1500.1, EPA considers rebates and similar subsidies for the purchase of commercially available “off the shelf” pollution control equipment or to encourage participation in environmental stewardship programs by companies and individuals to be participant support costs. These payments to program beneficiaries are not subawards. EPA’s Guidance on Participant Support Costs provides additional information on the distinction between participant support costs and subawards.
EPA Subaward Policy Appendix B: National Term and Condition for Subawards
If the recipient chooses to pass funds from this assistance agreement to other entities, the recipient must comply with applicable provisions of 2 CFR Part 200 and the EPA Subaward Policy, which may be found at https://www.epa.gov/sites/production/files/2016- 02/documents/grants_policy_issuance_gpi_16_01.pdf.
As a pass-through entity, the recipient agrees to:
1. Be responsible for selecting subrecipients and as appropriate conducting subaward competitions using a system for properly differentiating between subrecipients and procurement contractors under the standards at 2 CFR 200.331 and EPA’s supplemental guidance in Appendix A of the EPA Subaward Policy.
(a) For-profit organizations and individual consultants, in almost all cases, are not eligible subrecipients under EPA financial assistance programs and the pass-through entity must obtain prior written approval from EPA’s Award Official for subawards to these entities unless the EPA-approved budget and work plan for this agreement contain a precise description of such subawards.
(b) Stipends and travel assistance for trainees (including interns) and similar individuals who are not are not employees of the pass-through entity must be classified as participant support costs rather than subawards as provided in 2 CFR 200.1 Participant support costs, 2 CFR 200.1 Subaward, and EPA’s Guidance on Participant Support Costs.
(c) Subsidies, rebates and similar payments to participants in EPA funded programs to encourage environmental stewardship are also classified as Participant support costs as provided in 2 CFR 1500.1 and EPA’s Guidance on Participant Support Costs.
2. Establish and follow a system that ensures all subaward agreements are in writing and contain all of the elements required by 2 CFR 200.332(a). EPA has developed a template for subaward agreements that is available in Appendix D of the EPA Subaward Policy.
3. Prior to making subawards, ensure that each subrecipient has a “unique entity identifier.” This identifier is required for registering in the System for Award Management (SAM) and by 2 CFR Part 25 and 2 CFR 200.332(a)(1). Information on registering in SAM is available at the SAM Internet site:
https://www.sam.gov/SAM/ and in EPA’s General T&C “System for Award Management and Universal Identifier Requirements” of the pass-through entity’s agreement with EPA.
4. Ensure that subrecipients are aware that they are subject to the same requirements as those that apply to the pass-through entity’s EPA award as required by 2 CFR 200.332(a)(2). These requirements include, among others:
(a) Title VI of the Civil Rights Act and other Federal statutes and regulations prohibiting discrimination in Federal financial assistance programs, as applicable.
(b) Reporting Subawards and Executive Compensation under Federal Funding Accountability and Transparency Act (FFATA) set forth in the General Condition pass- through entity’s agreement with EPA entitled “Reporting Subawards and Executive Compensation.”
(c) Limitations on individual consultant fees as set forth in 2 CFR 1500.10 and the General Condition of the pass-through entity’s agreement with EPA entitled “Consultant Fee Cap.”
(d) EPA’s prohibition on paying management fees as set forth in General Condition of the pass-through entity’s agreement with EPA entitled “Management Fees.”
(e) The Procurement Standards in 2 CFR Part 200 including those requiring competition when the subrecipient acquires goods and services from contractors (including consultants) and Domestic preferences for procurements at 2 CFR 200.322.
Other statutes, regulations and Executive Orders that may apply to subawards are described at Information on Requirements that Pass-Through Entities must “Flow Down” to Subrecipients.
Many Federal requirements are agreement or program specific and EPA encourages pass-through entities to review the terms of their assistance agreement carefully and consult with their EPA Project Officer for advice if necessary.
5. Ensure, for states and other public recipients, that subawards are not conditioned in a manner that would disadvantage applicants for subawards based on their religious character.
6. Establish and follow a system for evaluating subrecipient risks of noncompliance with Federal statutes, regulations and the terms and conditions of the subaward as required by 2 CFR 200.332(b) and document the evaluation. Risk factors may include:
Prior experience with same or similar subawards;
(a) Results of previous audits;
(b) Whether new or substantially changed personnel or systems, and;
(c) Extent and results of Federal awarding agency or the pass-through entity’s monitoring.
7. Establish and follow a process for deciding whether to impose additional requirements on subrecipients based on risk factors as required by 2 CFR 200.332(c). Examples of additional requirements authorized by 2 CFR 200.208 include:
(a) Requiring payments as reimbursements rather than advance payments;
(b) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;
(c) Requiring additional, more detailed financial reports;
(d) Requiring additional project monitoring;
(e) Requiring the non-Federal entity to obtain technical or management assistance, and
(f) Establishing additional prior approvals.
8. Establish and follow a system for monitoring subrecipient performance that includes the elements required by 2 CFR 200.331(d) and report the results of the monitoring in performance reports as provided in the reporting terms and conditions of this agreement.
9. Establish and maintain an accounting system which ensures compliance with the $25,000 limitation at 2 CFR 200.1, Modified Total Direct Costs, if applicable, on including subaward costs in Modified Total Direct Costs for the purposes of distributing indirect costs.
Recipients with Federally approved indirect cost rates that use a different basis for distributing indirect costs to subawards must comply with their Indirect Cost Rate Agreement.
10. Work with EPA’s Project Officer to obtain the written consent of EPA’s Office of International and Tribal Affairs (OITA), prior to awarding a subaward to a foreign or international organization, or a subaward to be performed in a foreign country even if that subaward is described in a proposed scope of work.
11. Obtain written approval from EPA’s Award Official for any subawards that are not described in the approved work plan in accordance with 2 CFR 200.308.
12. Obtain the written approval of EPA’s Award Official prior to awarding a subaward to an individual if the EPA-approved scope of work does not include a description of subawards to individuals.
13. Establish and follow written procedures under 2 CFR 200.302(b)(7) for determining that subaward costs are allowable in accordance with 2 CFR Part 200, Subpart E and the terms and conditions of this award. These procedures may provide for allowability determinations on a pre-award basis, through ongoing monitoring of costs that subrecipients incur, or a combination of both approaches provided the pass-through entity documents its determinations.
14. Establish and maintain a system under 2 CFR 200.332(d)(3) and 2 CFR 200.521 for issuing management decisions for audits of subrecipients that relate to Federal awards. However, the recipient remains accountable to EPA for ensuring that unallowable subaward costs initially paid by EPA are reimbursed or mitigated through offset with allowable costs whether the recipient recovers those costs from the subrecipient or not.
15. As provided in 2 CFR 200.333, pass-through entities must obtain EPA approval to make fixed amount subawards. EPA is restricting the use of fixed amount subawards to a limited number of situations that are authorized in official EPA pilot projects. Recipients should consult with their EPA Project Officer regarding the status of these pilot projects.
By accepting this award, the recipient is certifying that it either has systems in place to comply with the requirements described in Items 1 through 14 above or will refrain from making subawards until the systems are designed and implemented.
EPA Subaward Policy Appendix C: Model Programmatic Subaward Reporting Requirement
The recipient must report on its subaward monitoring activities under 2 CFR 200.332(d). Examples of items that must be reported if the pass-through entity has the information available are:
1. Summaries of results of reviews of financial and programmatic reports.
2. Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient performance.
3. Environmental results the subrecipient achieved.
4. Summaries of audit findings and related pass-through entity management decisions.
5. Actions the pass-through entity has taken to correct deficiencies such as those specified at 2 CFR 200.331(e), 2 CFR 200.208 and the 2 CFR Part 200.339 Remedies for Noncompliance.
Note: EPA Project Officers may customize this reporting requirement based on programmatic information needs.
EPA Subaward Policy Appendix D: Subaward Agreement Template
OVERVIEW: Program Offices may provide this subaward template to recipients of EPA financial assistance that are Pass-through entity as defined by 2 CFR 200.1 to assist them in complying with the “subaward content” requirements in 2 CFR 200.332(a). EPA does not mandate the use of this template.
Pass-through entities may use their own form of subaward agreements provided the requirements of 2 CFR 200.332(a) are met. Any changes to the data elements that are required under 2 CFR 200.332(a) must be reflected in subsequent modifications to subawards. If any of the information required by 2 CFR 200.332(a) is not available, pass-through entities must provide the best information that is available to describe the Federal award and subaward.
Section I. [Title and Description of Subaward including whether the Subaward is for Research and Development]
Section II. Federal Requirements.
A. Federal Award Identification.
1. Subrecipient name--which must match registered name in the System for Award Management (SAM).
If the subrecipient is not yet registered in SAM, then information about registration procedures may be found at the SAM Internet site (currently at http://www.sam.gov ).
2. The subrecipient’s “unique entity identifier” in SAM. This identifier is required for registering in SAM and by 2 CFR Part 25 and 2 CFR 200.332(a)(1).
Note: Additional information on registering in SAM is available at the SAM Internet site:
https://www.sam.gov/SAM/ and in the “General Term and Conditions” (T&Cs), under the “System for Award Management and Universal Identifier Requirements” T&C, of the pass-through entity’s agreement with EPA.
3. Federal Award Identification Number (FAIN) The FAIN corresponds with the “Assistance ID No.” on the EPA Notice of Award.
4. EPA Award Date. This is the date the EPA Award Official signs the assistance agreement with the pass-through entity and may be found on page 1 of the EPA Notice of Award.
5. Subaward Period of Performance Start and End Date;
6. Amount of EPA Funds Obligated under the initial subaward. Subsequent funding actions may be documented by amendments to the subaward.
7. Total or cumulative amount of EPA Funds Obligated to the subrecipient under the initial subaward plus any subsequent funded amendments. These amounts may be documented in sequential amendments to the subaward.
8. Total Amount of the EPA funds committed to the subrecipient by the pass-through entity. This is typically the “ceiling” amount for the subaward that may not be exceeded in funded amendments.
9. Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA). This information may be found in the “Project Title and Description” box on page 1 of the EPA Notice of Award.
10. Information identifying EPA as the Federal awarding agency, your organization as the pass-through entity, and contact information for your awarding official for the subaward.
11. Assistance Listing Number and Name for each EPA award used to support the subaward.
Assistance Listing information for the pass-through entities’ EPA award may be found on page 2 of EPA’s Notice of Award form in the second chart under “EPA Award Information”. (Note the Uniform Grant Guidance requires at 2 CFR 200.332(a)(1)(xii) that the Pass-through entities identify the dollar amount under each Federal award and the CFDA number at the time of disbursement of Federal funds to the subrecipient so it is important for pass-through entities to maintain accounting records to meet this requirement.
12. Indirect cost rate for the pass-through entity’s Federal award. This rate may be found on page 3 of the pass-through entity’s EPA Award in Table A, Object Class Category and may be the 10% de-minimis indirect cost rate described at 2 CFR 200.414(f).
B. All “flow down” requirements imposed on the subrecipient by the pass-through entity to ensure that the EPA award is used in accordance with Federal statutes, regulations and the terms of the EPA award.
The subrecipient is accountable to the pass-through entity for compliance with Federal requirements. In turn, the pass-through entity is responsible to EPA for ensuring that subrecipients comply with Federal requirements.
These requirements include, among others:
1. Title VI of the Civil Rights Act and other Federal statutes and regulations prohibiting discrimination in Federal financial assistance programs, as applicable.
2. Reporting Subawards and Executive Compensation under Federal Funding Accountability and Transparency Act (FFATA) set forth in General Condition of the pass-through entity’s agreement with EPA entitled “Reporting Subawards and Executive Compensation.”
3. Limitations on individual consultant fees as set forth in General Condition 2 CFR 1500.10 and the General Condition of the pass-through entity’s agreement with EPA entitled “Consultant Fee Cap.”
4. EPA’s prohibition on paying management fees as set forth in General Condition of the pass-through entity’s agreement with EPA entitled “Management Fees.”
5. The Procurement Standards in 2 CFR Part 200
including those requiring competition when the
subrecipient acquires goods and services from contractors (including consultants) and Domestic preferences for procurements at 2 CFR 200.322.
6. For states and other public recipients, a provision ensuring that subawards are not conditioned in a manner that would disadvantage applicants for subawards based on their religious character.
Other statutes, regulations and Executive Orders that may apply to subawards are described at Information on Requirements that Pass-Through Entities must “Flow Down” to Subrecipients. Many Federal requirements are agreement or program specific and EPA encourages pass-through entities to review the terms of their assistance agreement carefully and consult with their EPA Project Officer for advice, if necessary.
C. Any additional requirements such as financial and performance reports the pass-through entity imposes on the subrecipient to ensure that the pass-through entity meets its own responsibilities to the Federal awarding agency.
D. Subrecipient’s Indirect Cost Rate. The indirect cost rate may be a rate negotiated and approved by the subrecipient’s cognizant Federal agency. If the subrecipient does not have a Federal indirect cost rate, the pass-through entity may negotiate an indirect cost rate with the subrecipient that complies with 2 CFR Part 200, Subpart E or use the 10% de-minimis indirect cost rate described at 2 CFR 200.414(f).
E. Requirements for the subrecipient to provide access to subaward records so that the pass-through entity and Federal auditors may verify compliance with 2 CFR 200.332 as well as 2 CFR Part 200, Subpart D, Post Federal Award Requirements for Financial and Program Management, and 2 CFR Part 200, Subpart F, Audit Requirements. Examples of records include:
1. Subrecipient financial statements and reports;
2. Programmatic reports including information on environmental results
3. Audit findings
F. Additional Requirements imposed by the pass-through entity under 2 CFR 200.208 that reflect the pass- through entity’s assessment of the subrecipient’s risk of noncompliance with Federal statutes, regulations and the terms and conditions of the subaward based on the factors described at 2 CFR 200.332(b).
1. Risk factors may include:
(a) Prior experience with same or similar subawards;
(b) Results of previous audits;
(c) Whether new or substantially changed personnel or systems, and;
(d) Extent and results of Federal awarding agency or the pass-through entity’s monitoring.
2. Examples of additional requirements authorized by 2 CFR 200.208 include:
(a) Requiring payments as reimbursements rather than advance payments;
(b) Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;
(c) Requiring additional, more detailed financial reports;
(d) Requiring additional project monitoring;
(e) Requiring the non-Federal entity to obtain technical or management assistance, and;
(f) Establishing additional prior approvals.
G. Terms and conditions concerning the close out of the subaward.
III. Other requirements based on the pass-through entity’s own laws, regulations, and policies to the extent that they do not conflict with applicable Federal laws, statutes, regulations and policies.
Exhibit E
Workplan and Consultant Budget
EPA’s San Francisco Bay Water Quality Improvement Fund
Workplan: City of San Pablo Rumrill Complete Green Streets Project
1. Project Title:
City of San Pablo Rumrill Complete Green Streets Project
2. Contact Information:
Project Manager: Amanda Booth, Environmental Program Analyst City of San Pablo, Public Works Department – Building 3 510.215.3066 | Main (3030)
13831 San Pablo Avenue, San Pablo, CA 94806
Email: [email protected]
3. Project Background:
Project Abstract
The Rumrill Complete Green Streets Project is an overhaul of Rumrill Boulevard with the goals to encourage multiple modes of transportation and improve water quality by installing Low Impact Development (LID) in an area of high water quali ty concern. The project will install ~11,500 square feet of LID facilities that will reduce polychlorinated biphenyl (PCB) and Mercury loading to the San Francisco Bay, decrease minor localized flooding, increase infiltration into the groundwater and educate students and local residents about water quality and the effects of trash in our waterways.
Project Area
The proposed project area expands across the southern part of San Pablo at Costa Avenue to the northern part of Rumrill Blvd. at San Pablo Avenue. This area encompasses industrial, commercial and residential neighborhoods. The southern part of the Rumrill Boulevard, (between Sanford Ave and Market) is an area of specific interest for targeted stormwater improvements due to increased level of polychlorinated biphenyls (PCBs) sampled in this area and localized flooding that occurs on Chelsey Avenue and Sutro Avenue.
Map Coordinates
37°57'12.2"N
122°21'25.5"W
Project Goals/Objectives
The Rumrill Complete Green Streets Project (the project) is an overhaul of the Rumrill corridor with the goals to:
• develop a “Complete Street” that encourages multiple modes of transportation and supports future growth;
• improve water quality, reduce minor flooding and increase greening along the corridor by including Low Impact Development (LID);
• increase safety with improved lighting and additional pedestrian cross walks; • increase the sustainability and economic vitality of area; and • encourage active living.
This corridor is currently negatively impacted by connectivity gaps and lacks appropriate pedestrian, bicycle and stormwater infrastructure. The project will calm traffic, improve safety, increase the appeal of walking and bicycling, improve stormwater quality and enhance the appearance of the corridor. It will improve the sidewalk and street edge with a separated space for bicyclists and landscaping (which will double as pollutant treating LID), enhance multi - modal safety by redu cing the number of travel lanes and provides shorter crossings with enhanced sidewalks. Improving cycletracks and increased cycling will help to improve water quality by reducing pollutants from vehicles and can help to reduce the City’s greenhouse gas emissions to help the City meet goals in their Climate Action Plan.
As part of the wider Rumrill Complete Streets Project the City of San Pablo will be implementing Low Impact Design (LID) to treat stormwater through plant roots and biologically activated soil and encourages infiltration into groundwater. There are proposed LID facilities along Rumrill Boulevard and at the corner of Sutro Avenue and Fillmore Street. Sutro Avenue has limited space for roadside LID, however the City owns a property on this street and is willing to use this area for water treatment. In total this project is expected to treat ~15.8 acres of land with ~11,567 square feet of treatment area. The LID facilities will be designed to treat known pollutants to the Bay Area such as PCBs, Mercury and Polycyclic Aromatic Hydrocarbons (PAHs). In addition, these facil ities will act and be maintained as Full Trash Capture (FTC) devices, therefore reducing the amount of litter that reaches Wildcat Creek and the San Francisco Bay (the Bay).
As part of the LID implementation the City of San Pablo will be working with the Costa Clean Water Program (CCCWP) and the City of Richmond to perform additional sampling in the Rumrill neighborhood to develop lines of evidence for a potential source property referral for the suspect PCB source property. By submitting a property referral to the San Francisco Bay Regional Water Quality Control Board (SFBRWQCB) the Rumrill Complete Streets Project LID features will be acting as the “Enhanced Operations and Maintenance Measures” for the San Pablo jurisdiction that is currently being affec ted by the suspected property. These “Enhanced Operations and Maintenance Measures” will provide a large PCB loading reduction to the Bay by treating much of the affected “halo” area.
In addition to LID facilities, t he City of San Pablo will be partnering with Earth Team’s Sustainable Youth Internships (SYI) program to deliver hands -on environmental education, training and community outreach. Several teams of high school students will be recruited and trained to help restore local watersheds through yearl ong service learning projects in support of the Complete Green Streets project. Students will be trained in specific project - based skills and will conduct a range of scientific and environmental monitoring techniques including litter surveys and trash ass essments, restoration techniques, tree plantings and more. Student -interns will use research data to engage on campus peers and the greater community through monthly educational outreach events and campaigns aimed at increasing environmental awareness and involvement in the community.
As part of the Earth Team’s SYI program the students will earn a stipend for the work that they perform over the school year. The stipend for each student is $600 per year. There will be 28 students each for the 4 years, tot aling stipends of $67,200 over the lifetime of the program. At the end of the first semester each year the students will be paid half of the stipend and they are paid the other half at the end of the school year in June. Students will receive a check (delivered by hand) and sign a receipt. Each intern will sign an agreement with their responsibilities and if attendance is an issue Earth Team first attempts to work with the student to improve it, however if it is not resolved the student will be replaced with a backup candidate.
Outputs and Outcomes Summary Table
Outputs
Outcomes
Short-Term
(1-5 Years)
Long-Term
(5-20+ Years)
Reports- Development of QAPP, Quarterly
Progress Reports and a Final Project Report
with monitoring results
Perform targeted PCB sampling in the southern
Rumrill neighborhood in partnership with City of
Richmond and the Contra Costa Clean Water
Program
Develop a final design and landscape plan
Complete environmental review and CEQA for
the project
Construction of the LID facilities and complete
streets project in accordance with the plans
and specifications
Install educational signs along the corridor
describing the project and the water quality
benefits of LID facilities
Provide education sessions and presentations
about the project with partners including
EarthTeam and the Contra Costa Clean Water
Program
Use Zero Litter platform to conduct and display
litter assessments over a 4 year period
EarthTeam Student Interns organize 48 on
campus litter reduction activities
Earth Team Student Interns organize 24 litter
reduction public outreach campaigns
Treat ~15 acres of
impervious surface
area with LID
Obtain ~0.11
grams/yr of PCB
loading reduction
from the LID facilities
on Rumrill Boulevard
Obtain ~15.88
grams/yr of PCB
loading reduction
from the LID facilities
near the source on
Sutro Avenue and
Rumrill Blvd
Obtain ~6.64
grams/yr of Mercury
loading reduction
from the LID facilities
on Rumrill and Sutro
Ave.
Treat ~2 Million
Gallons of
stormwater annually
Reduce localized
flooding by ~2.5
Million gallons
annually through
improved stormwater
infrastructure and
increase retention
area.
Use the results of
this project to inform
the implementation
of a Green
Infrastructure Plan
for the City of San
Pablo
40% to 80%
reduction in other
conventional
stormwater
pollutants such as
PAHs and heavy
metals
Obtain additional
42.36 grams/year
load reduction of
PCB through the
remediation of a
PCB source
property
Obtain additional
11.39 grams/year
load reduction of
Mercury through the
remediation source
property
System changes of
on-campus waste
diversion systems
Outputs
Outcomes
Short-Term
(1-5 Years)
Long-Term
(5-20+ Years)
Earth Team Student Interns organize and
execute vegetation monitoring
Plant 183 trees
4. PROJECT WORKPLAN BY PHASE
Phase 1: Design, Permits, PCB Sampling & Pre-project Trash Monitoring Task 1.1: PCB Sampling (September 2016 - November 2016) City of San Pablo will work with the CCCWP and the City of Richmond to perform PCB sampling in the public right-of-way around the perimeter of 1014 Chelsey Ave. As part of this work a QAPP will be prepared and submitted to EPA for approval. As part of this process, if enough lines of evidence are collected , the City will work of the City if Richmond to submit a referral to the Regional Water Quality Control Board. Results of the sampling and referral will be reported to the EPA in the Quarterly Reports.
Task 1.2: Trash Monitoring, Assessment and Education (September 2016 – June 2018) The City of San Pablo will work with Earth Team to perform trash monitoring, assessments and education. Phase 1 will include student recruitment, pre -project monitoring of current trash conditions along Rumrill Blvd and Sutro Ave and ongoing trash assessments and outreach actives to the local community. Each of the actives are detailed below:
• Recruit 28 underserved youth in two Title 1 schools each year as interns to receive 120 hours/yr. of hands -on environmental education and training (32 weekly afterschool meetings/field events).
• Use the Zero Litter web -based database platform to conduct and display results of all litter assessments in the project area (monitoring of up to 10,000 pieces of litter/yr.). A “live” litter density map will be available to the City of San Pablo on an ongoing basis to monitor litter reduction targets in the Complete Streets area.
• Monitor 3 trash capture devices in the area and the effect of litter prevention and reduction activities, to help keeping the devices working under maximum capacity. • Organize 12 on-campus activities per year to engage school staff and up to 3,000 peers in litter reduction actions, promoting behavior changes and system changes (school waste stream improvements implementing and maintaining 3 stream systems and bin monitoring). • Organize 6 public outreach and education campaigns per year to engage the Complete Streets local community in the litter reduction objectives, educating and engaging community leaders and local businesses on how to address water pollution and its impact on human health and wildlife habitat.
Due to the length of time that the project will take for permitting and design Task 1.2 will include 2 years of Earth Team students (September 2016 – June 2017 & September 2017 – June 2018).
EPA will be provided updates and progress on the Earth Team activities through the Quarterly Reports and if desired will be invited to various events.
Task 1.3: Construction Design, Permitting and CEQA (November 2016 – October 2018) City of San Pablo will be going out to bid for design of the Rumrill Complete Green Streets Project in 2016, design is expected to be awarded and begin in November 2016. It is estimated that design will be completed in October 2018. The design process has been extended due to a request from Caltrans and complexities of the project all occurring in conjunction (i.e. limited right of way, undergrounding of utility lines, stormwater infrastructure upgrades, road improvements and sidewalk improvements). Concurrent with the design process the City will be obtaining all the appropriate permits and completing a CEQA review of the project. EPA will be provided updates and progress on the design and permitting process through the Quarterly Reports and wi ll be provided the final designs (engineering and landscape) upon completion.
Table of Phase 1 Tasks, Timeline, Outputs, Key Personnel and Budget Task Summary Phase 1
Task Timeline Output Key Personnel
1.1 Sep. 2016 –
Nov. 2016
Update in Quarterly Reports,
Sampling Reports, Potential
Referral to RWQCB
Amanda Booth- City of San Pablo
1.2 Sep. 2016 –
Jun. 2018
Update in Quarterly Reports, 56
student interns, 24 on-campus
activities, 12 public outreach
events
Amanda Booth- City of San Pablo
Manuel Alonso-Martinez - Earth Team
Jesse Brown- Earth Team
1.3 Nov. 2016 –
Oct. 2018
Update in Quarterly Reports, Final
Design Documents
Amanda Booth- City of San Pablo
Chris Gioia- City
Consultant- TBD
Budget
Task EPA SEBWQIF Match Total
1.1 $ - $ 25,000.00 $ 25,000.00
1.2 $ 75,203.50 $ 75,223.00 $ 150,426.50
1.3 $ 125,000.00 $ 83,804.00 $ 208,804.00 Total $ 200,203.50 $ 184,027.00 $ 384,230.50
Phase 2: Project Construction, Planting Events &Trash Monitoring & Outreach Task 2.1: Trash Assessment and Education (September 2018 – June 2019) The City of San Pablo will work with Earth Team to perform trash monitoring, assessments and education. Phase 2 will include student recruitment, monitoring of trash conditions along Rumrill Blvd and Sutro Ave and ongoing trash assessments and outreach actives to the local community.
Each of the actives are detailed below:
• Recruit 28 underserved youth in two Tit le 1 schools as interns to receive 120 hours/yr. of hands-on environmental education and training (32 weekly afterschool meetings/field events). • Use the Zero Litter web -based database platform to conduct and display results of all litter assessments in the project area (monitoring of up to 10,000 pieces of litter/yr.). A “live” litter density map will be available to the City of San Pablo on an ongoing basis to monitor litter reduction targets in the Complete Streets area.
• Monitor 3 trash capture dev ices in the area and the effect of litter prevention and reduction activities, to help keeping the devices working under maximum capacity. • Organize 12 on-campus activities per year to engage school staff and up to 3,000 peers in litter reduction actions , promoting behavior changes and system changes (school waste stream improvements implementing and maintaining 3 stream systems and bin monitoring). • Organize 6 public outreach and education campaigns per year to engage the Complete Streets local community in the litter reduction objectives, educating and engaging community leaders and local businesses on how to address water pollution and its impact on human health and wildlife habitat.
EPA will be provided updates and progress on the Earth Team a ctivities through the Quarterly Reports and if desired will be invited to various events.
Task 2.2: Project Construction (March 2019 – December 2019) The City will be releasing the bid for the construction contract in November 2018, with the expectation that the contract will be awarded in December 2018. Construction is expected to be breaking ground in March of 2019. The project is planned to start at the southern end of Rumrill near Costs Ave. Construction aspects will include, traffic control, pollution control, excavation, new storm drain pipes, concrete work, sub drains, perforated pipe, overflow inlets, drain rock, bioretention soil irrigation and landscaping. EPA will be provided updates and progress on the construction activities through the Quarterly Reports.
Task 2.3: Planting Events (March 2019 – December 2019)
Task 2.3 will include planting of trees along and around the project area. There are times, conditions and areas (due to safety concerns) when the City will be unable to use the EarthTeam interns to plant trees along Rumrill. However, wherever possible the City will coordinate with Earth Team for the students to perform the plantings.
Table of Phase 2 Tasks, Timeline, Outputs, Key Personnel and Budget Task Summary Phase 2
Task Timeline Output Key Personnel
2.1 Sep. 2018 -
Jun. 2019
Update in Quarterly Reports,
28 student interns, 12 on-
campus activities, 6 public
outreach events
Amanda Booth- City of San Pablo
Manuel Alonso-Martinez - Earth Team
Jesse Brown- Earth Team
2.2 Mar. 2019 -
Dec. 2019 Update in Quarterly Reports,
Installation of LID measures
Amanda Booth- City of San Pablo
Chris Gioia- City of San Pablo
Consultant- TBD
2.3 Mar. 2019 -
Dec. 2019
Update in Quarterly Reports,
Planting of 183 trees.
Amanda Booth- City of San Pablo
Manuel Alonso-Martinez - Earth Team
Jesse Brown- Earth Team
Budget
Task
EPA
SEBWQIF Match Total
2.1 $ 30,101.75 $ 27,611.50 $ 57,713.25
2.2 $ 589,227.00 $ 599,810.71 $ 1,189,037.71
2.3 $ 7,500.00 $ 10,000.00 $ 17,500.00 Total $ 626,828.75 $ 637,422.21 $ 1,264,250.96
Phase 3: Final Trash Monitoring, Assessment & Outreach, Project Presentations Task 3.1: Trash Assessment and Education (September 2019 – June 2019) The City of San Pablo will work with Earth Team to perform trash monitoring, assessments and education. Phase 3 will include student recruitment, monitoring of trash conditions along Rumrill Blvd and Sutro Ave and ongoing trash assessments and outreach actives to the local community.
Each of the actives are detailed below:
• Recruit 28 underserved youth in two Title 1 schools as interns to receive 120 hours/yr. of hands-on environmental education and training (32 weekly afterschool meetings/field events). • Use the Zero Litter web -based database platform to conduct and display results of all litter assessments in the project area (monitoring of up to 10,000 pieces of litter/yr.). A “live” litter density map will be available to the City of San Pablo on an on going basis to monitor litter reduction targets in the Complete Streets area.
• Monitor 3 trash capture devices in the area and the effect of litter prevention and reduction activities, to help keeping the devices working under maximum capacity. • Organize 12 on-campus activities per year to engage school staff and up to 3,000 peers in litter reduction actions, promoting behavior changes and system changes (school waste stream improvements implementing and maintaining 3 stream systems and bin monitoring). • Organize 6 public outreach and education campaigns per year to engage the Complete Streets local community in the litter reduction objectives, educating and engaging community leaders and local businesses on how to address water pollution and its impac t on human health and wildlife habitat.
EPA will be provided updates and progress on the Earth Team activities through the Quarterly Reports and if desired will be invited to various events.
Task 3.2: Post-Project Monitoring (October 2019 – June 2020) As part of the EarthTeam trash monitoring the students will perform a post-construction monitoring to evaluation the success of the Earth Team education activities and the Complete Green Streets project. The results of the post-project monitoring will be included in the Final Report.
Task 3.3: Project Presentation and Education Sessions (December 2019 – June 2020) As part of the project the City of San Pablo will be educating the public, students, City staff, local agencies and local non -profits through present ations and educational signs along the corridor.
EPA will be invited to attend and be provided the presentation material that is delivered.
Task 3.4: Final Reports (August 2020)
The City will provide a final project report to the USEPA compete with all of the Quarterly Reports, accomplishments, challenges, pictures and final results of all the trash monitoring activities.
Table of Phase 3 Tasks, Timeline, Outputs, Key Personnel and Budget Task Summary Phase 3
Task Timeline Output Key Personnel
3.1 Sep. 2019 -
Jun. 2020
Update in Quarterly Reports,
28 student interns, 12 on-
campus activities, 6 public
outreach events
Amanda Booth- City of San Pablo
Manuel Alonso-Martinez - Earth Team
Jesse Brown- Earth Team
3.2 Oct. 2019 -
Jun. 2020
Update in Quarterly Reports,
Final Report will have results
Amanda Booth- City of San Pablo
Manuel Alonso-Martinez - Earth Team
Jesse Brown- Earth Team
3.3 Dec. 2019 -
Jun. 2020
Update in Quarterly Reports,
Presentation materials and
dates
Amanda Booth- City of San Pablo
3.4 Dec. 2019 -
Jun. 2020 Final Report Amanda Booth- City of San Pablo
Radiah Victor- City of San Pablo
Budget
Task
EPA
SEBWQIF Match Total
3.1 $ 30,101.75 $ 30,111.50 $ 60,213.25
3.2 $ 7,500.00 $ 7,500.00 $ 15,000.00
3.3 $ - $ 7,432.22 $ 7,432.22
3.4 $ - $ 6,109.00 $ 6,109.00 Total $ 37,601.75 $ 51,152.72 $ 88,754.47
5. Reporting Requirements
For this project there are three separate reporting requirements outline below:
1. Development of QAPP- QAPP will be developed for monitoring and submitted to EPA for approval.
2. Quarterly Progress Reports - Quarterly Progress Reports (QPRs) will be provided to EPA with the status, accomplishments and challenges over that reporting period with pictures when applicable. Examples of deliverables that will be included in the Quarterly Progress Reports are:
a. PCB sampling results
b. Final project designs (engineering and landscape)
c. Annual presentation from EarthTeam to City of San Pablo City Council d. Photos of completed construction aspects
e. EarthTeam event summaries
f. Education presentation materials
3. Final Project Report- The Final Project Report will be provided to the EPA at the end of the project. This report will include all of the Quarterly Reports, accomplishments, challenges, pictures and final results of all the trash monitoring activities.
PROJECT BUDGET 2016-2020 QuantityHrs./ UnitsHr./Unit
Price Project Cost EPA Funds Non-EPA Funds
TASK 1. STUDENT-INTERNS EDUCATION &
TRAINING, LITTER MONITORING, VISUAL
ASSESMENTS, BIOSWALES MONITORING
Personnel, Project Management (fringe @ 25%
included) 60 Hours $32.00 $1,920.00 $1,920.00 $0
Personnel, Project Administration (fringe @25%
included) 60 Hours $37.00 $2,220.00 $2,220.00 $0
Personnel, Campus Coordinators (fringe at 25$
included) 96 Hours $26.50 $2,544.00 $2,544.00 $0
Personnel, Academy Director / Lead Teachers (2
teachers, 4hrs per teacher) 50 Hours $65.00 $3,250.00 $0.00 $3,250 $9,934.00 $6,684.00 $3,250.00
Personnel, Project Management (fringe @ 25%
included) 1024 Hours $32.00 $32,768.00 $30,000.00 $2,768.00 Personnel, Project Administration (fringe @25%
included) 96 Hours $37.00 $3,552.00 $3,000.00 $552.00
Personnel, Campus Coordinators (fringe at 25$
included) 2048 Hours $26.50 $54,272.00 $50,000.00 $4,272.00 Personnel, Forestry and Planting Coordinator,
hourly employee, no fringe 640 Hours $26.50 $16,960.00 $0.00 $16,960.00 Personnel, Academy Director / Lead Teachers (2
teachers, 4hrs per teacher) 128 Hours $65.00 $8,320.00 $0.00 $8,320.00 Travel: Staff Mileage - Transportation to and
from schools, sites. 32 wks x 25 miles/wk x 2 6400 per mile $0.58 $3,679.50 $0.00 $3,679.50 Program Supplies: Data collection / tablets and
data plans Verizon wireless 30 Tablets $250.00 $7,500.00 $0.00 $7,500.00 Program Supplies (materials, snacks, field
supplies) per school 2 Schools $1,500 $12,000.00 $0.00 $12,000.00 Contracted - Zero Litter Mapping App - Data
Backend 2hrs/wk 32 weeks 200 Hours $75.00 $15,000.00 $8,500.00 $6,500.00 Other: Student Stipends - Yeary Stipends 28 Per student$600.00 $67,200.00 $33,600.00 $33,600.00 $221,251.50 $125,100.00 $96,151.50
TASK 2. CAMPUS WIDE EDUCATION & LITTER
REDUCTION ACTION
Personnel, Project Management (fringe @ 25%
included) 64 Hours $32.00 $2,048.00 $0.00 $2,048.00
Personnel, Campus Coordinators (fringe at
25$ included) 256 Hours $27 $6,784.00 $0.00 $6,784.00
Personnel, Academy Director / Lead
Teachers (3 teachers, 4hrs per teacher) 32 Hours $65 $2,080.00 $0.00 $2,080.00 Travel: Staff Mileage - Transportation to
and from schools, sites. 1200 per mile $0.58 $690.00 $0.00 $690.00 42 High school student-interns educated/trained in watershed stewardship and environmental skills
Peer to Peer education, engagement, behavior and systems change, stewardship actions. (32 special events total, 4 per school per year x 4 years) Subtotal Task 1A
Subtotal Task 1B
1B. INTERNSHIP Implementation. 32 weekly afterschool meetings, 2-3 HRS EACH. Training, data collection, assessments, mapping, reduction objectives, vegetation monitoring
1A. Design and Planning with 2 high schools. 2 weeks (project staff/academy staff/lead teachers) Program Supplies, printing, posters, signage
(per school) 32 Per event $75 $2,400.00 $0.00 $2,400.00 $14,002.00 $0.00 $14,002.00
TASK 3. PROJECT PARTNERS FIELD DAY EVENTS
ON LITTER REDUCTION
Personnel, Project Management (fringe @ 25%
included) 96 Hours $32.00 $3,072.00 $3,072.00 $0
Personnel, Campus Coordinators (fringe at
25$ included) 256 Hours $26.50 $6,784.00 $6,500.00 $284 Personnel, Academy Director / Lead
Teachers (3 teachers, 4hrs per teacher) 32 Hours $65.00 $2,080.00 $0.00 $2,080 Travel: Staff Mileage - Transportation to
and from schools, sites. 1200 Units $0.58 $690.00 $690.00 $0 Travel: Student transportation / 4 field
outings/school 32 day trips $500 $16,000.00 $0.00 $16,000 Program Supplies Small Equipment, tools
and restoration materials 32 Per event $75 $2,400.00 $2,400.00 $0 $31,026.00 $12,662.00 $18,364.00
TASK 4. PUBLIC EDUCATION & ACTION EVENTS
ON LITTER REDCUTION
Personnel, Project Management (fringe @ 25%
included) 96 Hours $32.00 $3,072 $3,072.00 $0.00
Personnel, Campus Coordinators (fringe at
25$ included) 256 Hours $26.50 $6,784 $2,544.00 $4,240.00 Personnel, Academy Director / Lead
Teachers (3 teachers, 4hrs per teacher) 64 Hours $65.00 $4,160 $0.00 $4,160.00 Travel: Student transportation / 2 day
outings/school 16 day trips $500 $8,000 $0.00 $8,000.00 Travel: Staff Mileage - Transportation to
and from schools, sites. 600 Units $0.58 $345.00 $345.00 $0.00 $22,361.00 $5,961.00 $16,400.00
Personnel, Project Administration (fringe @25%
included) 16 Hours $37.00 $592 $0.00 $592.00
Personnel, Project Management (fringe @ 25%
included) 16 Hours $32.00 $512 $0.00 $512.00
Personnel, Campus Coordinators (fringe at
25$ included) 16 Hours $26.50 $424 $0.00 $424.00
Supplies: Printing, webpage data posting 1 Print/Tech $751 $751 $0.00 $750.50 $2,279 $0 $2,279
GRAND TOTAL: $300,853.00$150,407.00 $150,446.00
50.0% 50.0%
Subtotal Task 5
Subtotal Task 3
Subtotal Task 4
TASK 5. PROJECT EVALUATION AND REPORTING
Off-campus day events with project partners, student interns, school staff and academy students. Weekends. (32 special day events total, 4 per school per year, x 4 years))
Off-campus public events, larger audiences, student interns, project staff, partners, public. Weekends (32 special events total, 4 per school/year x 4 years) Subtotal Task 2
Exhibit F
Quarterly Progress Report Template
CITY OF SAN PABLO RU MRILL COMPLETE
GREEN STREETS PROJECT
QUARTERLY PROGRESS R EPORT NO. XX (MMM/YY – MMM/YY)
EPA Project Period: 10/03/2016 - 06/30/2020
Grant Recipient: City of San Pablo
Assistance ID Number: W9 - 99T53401 - 0
Submitted by: Amanda Booth
Environmental Program Analyst
City of San Pablo
510-215-3066
[email protected]
PROGRESS REPORT HIGH LIGHTS
XXXXX
XXXXX
XXXXX
PROJECT ELEMENT, PHA SE AND TASK NUMBER
Brief Description of Project Element
ACTIVITIES & ACCOMPLISHMENTS:
Explanation of project activities and accomplishments for the listed project element
Task/Sub-Task Timeline Comments Percent Complete
DIFFICULTIES AND RESOLUTIONS:
PROJECT ELEMENT, PHASE AND TASK NUMBER
Brief Description of Project Element
ACTIVITIES & ACCOMPLISHMENTS:
Explanation of project activities and accomplishments for the listed project element Task/Sub-Task Timeline Comments Percent Complete
DIFFICULTIES AND RESOLUTIONS:
OUTPUTS AND OUTCOMES COMPLETED /COMMENCED PROGRESS REPORT XX
Outputs Outcomes
ACTIVITIES PLANED FO R NEXT QUARTER
XXXXXX
XXXXXX
XXXXX
ATTACHMENTS
1. Project Costs to Date
2. XXXXX
PROJECT COSTS
Earth Team Totals EPA Match Earth Team
Match Total
EPA Match
Invoiced
This Quarter
Total EPA
Spent
Earth Team
Match Spent
This Quarter
Total In-
Kind Spent
Total Funds
Remaining
Personnel $ 104,872 $ 59,326 $ 164,198 $ 164,198 Travel $ 1,035 $ 28,370 $ 29,405 $ 29,405 Equipment & Supplies $ 480 $ 22,651 $ 23,131 $ 23,131 Contractual $ 10,420 $ 6,500 $ 16,920 $ 16,920 Other $ 33,600 $ 33,600 $ 67,200 $ 67,200 Sub-Total $ 150,407 $ 150,446 $ 300,853 $ - $ - $ - $ - $ 300,853
City of San Pablo Totals EPA Match San Pablo
Match Total
EPA Match
Invoiced
This Quarter
Total EPA
Spent
San Pablo Match
Spent This
Quarter
Total In-
Kind Spent
Total Funds
Remaining
Personnel $ - $ 19,803 $ 19,803 $ 19,803 Travel $ - $ - $ - $ - Equipment & Supplies $ - $ - $ - $ - Contractual $ 714,227 $ 702,353 $ 1,416,580 $ 1,416,580 Other $ - $ - $ - $ - Sub-Total $ 714,227 $ 722,156 $ 1,436,383 $ - $ - $ - $ - $ 1,436,383
Project Totals EPA Match Total
In-Kind Total
EPA Match
Invoiced
This Quarter
Total EPA
Spent
Total Match
Spent This
Quarter
Total In-
Kind Spent
Total Funds
Remaining
Personnel $ 104,872 $ 79,129 $ 184,001 $ 184,001 Travel $ 1,035 $ 28,370 $ 29,405 $ 29,405 Equipment & Supplies $ 480 $ 22,651 $ 23,131 $ 23,131 Contractual $ 724,647 $ 708,853 $ 1,433,500 $ 1,433,500 Other $ 33,600 $ 33,600 $ 67,200 $ 67,200 Total $ 864,634 $ 872,602 $ 1,737,236 $ - $ - $ - $ - $ 1,737,236
Exhibit G
EPA General Terms and Conditions