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TYPE OF ACTION
U.S. ENVIRONMENTAL
PROTECTION AGENCY MAILING DATE
ACH#PAYMENT METHOD:
PROGRAM CODE:
DATE OF AWARDMODIFICATION NUMBER:
GRANT NUMBER (FAIN): 98T96001
PENDASAP
0 04/01/2024
New 04/04/2024
Grant Agreement
5D
RECIPIENT TYPE: Send Payment Request to:
RECIPIENT:
EIN:
PAYEE:
Municipal
Stockton, CA 95202-1997
Stockton City of City Hall
94-6000436
425 N. El Dorado, 2nd Floor
Contact EPA RTPFC at: [email protected]
425 N. El Dorado, 2nd Floor
Stockton City of City Hall
Stockton, CA 95202-1997
PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Shalilah Bess
425 N. El Dorado Street
Stockton, CA 95202
[email protected]:
209-937-7196Phone:
Anissa Foster
75 Hawthorne Street, AIR-2-2
San Francisco, CA 94105
[email protected]:
415-972-3832Phone:
Norma Douglass
Grants Branch, MSD-6
75 Hawthorne Street
San Francisco, CA 94105
[email protected]:
415-947-4136Phone:
PROJECT TITLE AND DESCRIPTION
Inflation Reduction Act – Climate Pollution Reduction Planning See Attachment 1 for project description.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 03/01/2024 - 09/30/2027 03/01/2024 - 09/30/2027 $ 1,000,000.00 $ 1,000,000.00
NOTICE OF AWARD
Based on your Application dated 02/01/2024 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $ 1,000,000.00. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $ 1,000,000.00. 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.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESSORGANIZATION / ADDRESS
U.S. EPA, Region 9, U.S. EPA, Region 9 Grants Branch, MSD-6 75 Hawthorne Street
San Francisco, CA 94105
U.S. EPA, Region 9, Air and Radiation Division, AIR-1
R9 - Region 9
75 Hawthorne Street
San Francisco, CA 94105
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY DATEDigital signature applied by EPA Award Official Carolyn Truong - Grants Management Officer 04/01/2024
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EPA Funding Information
FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL
EPA Amount This Action $ 0 $ 1,000,000 $ 1,000,000
EPA In-Kind Amount $ 0 $ 0 $ 0
Unexpended Prior Year Balance $ 0 $ 0 $ 0
Other Federal Funds $ 0 $ 0 $ 0
Recipient Contribution $ 0 $ 0 $ 0
State Contribution $ 0 $ 0 $ 0
Local Contribution $ 0 $ 0 $ 0
Other Contribution $ 0 $ 0 $ 0
Allowable Project Cost $ 0 $ 1,000,000 $ 1,000,000
Assistance Program (CFDA) Statutory Authority Regulatory Authority
66.046 - Climate Pollution Reduction Grants Clean Air Act: Sec. 137 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
$ 1,000,000-- 4132000ACGXJ109M2E4SFX22312409M9S008-
$ 1,000,000
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Budget Summary Page
Table A - Object Class Category
(Non-Construction)
Total Approved Allowable
Budget Period Cost
1. Personnel $ 186,550
2. Fringe Benefits $ 89,544
3. Travel $ 7,911
4. Equipment $ 0
5. Supplies $ 2,000
6. Contractual $ 690,000
7. Construction $ 0
8. Other $ 23,995
9. Total Direct Charges $ 1,000,000
10. Indirect Costs: 0.00 % Base :See Terms and Conditions $ 0
11. Total (Share: Recipient ______ % Federal ______ %) $ 1,000,0000.00 100.00
12. Total Approved Assistance Amount $ 1,000,000
13. Program Income $ 0
14. Total EPA Amount Awarded This Action $ 1,000,000
15. Total EPA Amount Awarded To Date $ 1,000,000
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Attachment 1 - Project Description
This agreement provides funding under the Inflation Reduction Act (IRA) to the City of Stockton to develop or update existing regional climate mitigation plans to address greenhouse gas and reduction measures throughout the entire area and conduct meaningful engagement with low income and disadvantaged communities and coordinate with geographically proximate tribes as appropriate.
This assistance agreement provide full federal funding in the amount of $1,000,000. Pre-award cost have been approved back to 3/1/2024.
In general, activities include the development, updating, and evaluation of plans to reduce climate pollution (i.e., to reduce GHG emissions and/or enhance carbon sinks). Specific activities include developing a greenhouse gas inventory, quantifying greenhouse gas reduction measures, conducting a low income and disadvantaged communities benefit analysis, review of authority to implement and stakeholder engagement.
Three key deliverables will be produced and submitted over the course of the four-year program period, including: a Priority Climate Action Plan (PCAP), a Comprehensive Climate Action Plan (CCAP), due two years from the date of the award; and a Status Report, due at the close of the grant period. The expected outcomes include a PCAP and CCAP that identifies: tons of pollution (GHGs and co-pollutants) reduced over the lifetime of the measures; tons of pollution (GHGs and co-pollutants) reduced annually; and tons of pollution (GHGs and co-pollutants) reduced with respect to low-income and disadvantaged communities. The intended beneficiaries include San Francisco-Oakland-Berkeley Metropolitan Statistical Area residents and visitors, including low-income and disadvantaged community members.A non-profit will be hired to support the community engagement efforts, to boost attendance to workshops and maximize engagement and visibility of events. Including the creation of outreach materials and online presence. The non-profit partner will also aide in communications with other groups, with the intent of participation in meetings. The non-profit partner will collaborate with the Consultant on the development of PCAP and CCAP surveys and administration of the website for enhanced participation, transparency and feedback.
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Administrative Conditions
General Terms and 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-october-1-2023-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: 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 June 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 September 30 of the same calendar year.
Find additional information at https://www.epa.gov/financial/grants. (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 with 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.
C. MBE/WBE Reporting, 40 CFR, Part 33, Subpart E (EPA Form 5700-52A) The recipient agrees to submit a “MBE/WBE Utilization Under Federal Grants and Cooperative Agreements” report (EPA Form 5700-52A) annually for the duration of the project period. The current EPA Form 5700-52A with instructions is located at https://www.epa.gov/grants/epa-grantee-forms This provision represents an approved exception from the MBE/WBE reporting requirements as described in 40 CFR Section 33.502.
Reporting is required for assistance agreements where funds are 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) with a cumulative total that exceed the Simplified Acquisition Threshold (SAT) currently set at $250,000 (the dollar threshold will be automatically revised whenever the SAT is adjusted; See 2 CFR Section 200.1), including amendments and/or modifications. All procurement actions are reportable when reporting is required, not just the portion which exceeds the SAT.
Recipients with expended and/or budgeted funds for procurement are required to report annually EXHIBIT 1
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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 4A when completing the form.
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 are instructed to check the box indicated for the “Final Report (project completed)” in section 1B of the form.
The annual reports are due by October 30th of each calendar year and the final report is due within 120 days after the end of the project period, whichever comes first. The recipient will submit the MBE/WBE report(s) and/or questions to [email protected] and the EPA Grants Specialist identified on page 1 of the award document.
D. 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.
E. Subaward(s)
The recipient's approved budget includes subaward(s). As applicable, the recipient will comply with the General Term and Condition on reporting of first tier subawards to www.fsrs.gov per “Reporting Subawards and Executive Compensation” requirement.
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Programmatic Conditions
Climate Pollution Reduction Grants Specific Programmatic Terms and Conditions a. PERFORMANCE REPORTING AND FINAL PERFORMANCE REPORT
Performance Reports – Content
In accordance with 2 CFR 200.329, the recipient agrees to submit performance reports that include brief information on each of the following areas: 1) A comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; 2) The reasons why established outputs/outcomes were not met; and 3) Additional pertinent information, including, when appropriate, analysis and explanation of cost overruns or high-unit costs.
Additionally, the recipient agrees to inform EPA as soon as problems, delays, or adverse conditions which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan are known.
Performance Reports - Frequency
Quarterly performance reports are required to be submitted electronically to the EPA Project Officer within 30 calendar days after the reporting period (every three-month period). Quarterly reports are due according to the following schedule. If a due date falls on a weekend or holiday, the report will be due on the next business day. If a project start date falls within a defined reporting period, the recipient must report for that period by the given due date unless otherwise noted. This quarterly reporting schedule shall be repeated for the duration of the award agreement.
April 1 – June 30 Reporting Period: report due date July 30 (note, in year 1, this reporting period should begin at the project start date)
July 1 – September 30 Reporting Period: report due date October 30 October 1 – December 31 Reporting Period: report due date January 30 January 1 – March 31 Reporting Period: report due date April 30 The recipient must submit the final performance report no later than 120 calendar days after the end date of the period of performance.
Subaward Performance Reporting
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:
Summaries of results of reviews of financial and programmatic reports.1.
Summaries of findings from site visits and/or desk reviews to ensure effective subrecipient performance.
2. Environmental results the subrecipient achieved.3.
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Summaries of audit findings and related pass-through entity management decisions.4.
Actions the pass-through entity has taken to correct deficiencies such as those specified at 2 CFR 200.332(e), 2 CFR 200.208 and the 2 CFR Part 200.339 Remedies for Noncompliance.
5. b. DELIVERABLES AND REQUIREMENTS
Municipalities and Air Pollution Control Agencies that accept an award are required to produce and electronically submit the following three deliverables to EPA by the dates specified:
1.) A Comprehensive Climate Action Plan (CCAP), due 2 years from the date of the award. The CCAP is a narrative report that should touch on all significant GHG sources/sinks and sectors present in a state or metropolitan area, establish near-term and long-term GHG emission reduction goals, and provide strategies and identify measures to achieve those goals. Each CCAP must include: a GHG inventory; GHG emissions projections; GHG reduction targets; quantified GHG reduction measures; a benefits analysis for the full geographic scope and population covered by the plan; a low-income and disadvantaged communities benefits analysis; a review of authority to implement; a plan to leverage other federal funding; and a workforce planning analysis.
2.) A Status Report, due at the closeout of the 4-year grant period. This report should include the implementation status of the quantified GHG reduction measures included in the CCAP; any relevant updated analyses or projections supporting CCAP implementation; and next steps and future budget/staffing needs to continue CCAP implementation.
Climate plans for metropolitan areas should also be developed with regional coordination as much as possible, and applicants are encouraged to coordinate with geographically proximate tribes as appropriate.
MSA lead organizations must involve stakeholder groups and the public in the process for developing the CCAP. Potential stakeholders include urban, rural, and underserved or disadvantaged communities as well as the general public, governmental entities, federally recognized tribes, Port Authorities, labor organizations, community and faith-based organizations, and private sector and industry representatives. c. Cybersecurity Condition
(a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State or Tribal law cybersecurity requirements.
(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 EXHIBIT 1
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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. (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 200.332(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.
d. Competency Policy
In accordance with Agency Policy Directive Number FEM-2012-02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency-Funded Assistance Agreements,
Recipient agrees, by entering into this agreement, that it has demonstrated competency prior to award, or alternatively, where a pre-award demonstration of competency is not practicable. Recipient agrees to demonstrate competency prior to carrying out any activities under the award involving the generation or use of environmental data. Recipient shall maintain competency for the duration of the project period of this agreement and this will be documented during the annual reporting process. A copy of the Policy is available online at https://www.epa.gov/sites/production/files/2015-03/documents/competency-policy- aaia-new.pdf or a copy may also be requested by contacting the EPA Project Officer for this award. e. Public or Media Events
The Recipient agrees to notify the EPA Project Officer listed in this award document of public or media events related to activities accomplished as a result of this agreement, and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days' notice. f. QUALITY ASSURANCE
Authority: Quality Assurance applies to all assistance agreements involving environmental information as defined in 2C.F.R. § 1500.12 Quality Assurance. The recipient shall ensure that subawards involving environmental information issued under this agreement include appropriate quality requirements for the work. The recipient shall ensure sub-award recipients develop and implement Quality Assurance (QA) planning documents in accordance with this term and condition; and/or ensure sub-award recipients implement all applicable approved QA planning documents. Quality Assurance Project Plan (QAPP):
Prior to beginning environmental information operations, the recipient must:
Develop a QAPP (for existing environmental information), Prepare QAPP in accordance with the current version of EPA QA/R-5: EPA Requirements for Quality Assurance Project Plans,
Submit the document for EPA review, and
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Obtain EPA Quality Assurance Manager or designee approval.
For Reference:
Quality Management Plan (QMP) Standard and EPA QA/R-5: EPA Requirements for Quality Assurance Project Plans; contain quality specifications for EPA and non-EPA organizations and definitions applicable to these terms and conditions.
EPA QA/G-5: Guidance for Quality Assurance Project Plans, Appendix C provides a QAPP Checklist.
EPA's Quality Program website has a list of QA managers, and Non-EPA Organizations Quality Specifications.
The Office of Grants and Debarment Implementation of Quality Assurance Requirements for Organizations Receiving EPA Financial Assistance.
g. Use of Logos
If the EPA logo is appearing along with logos from other participating entities on websites, outreach materials, or reports, it must not be prominently displayed to imply that any of the recipient or subrecipient's activities are being conducted by the EPA. Instead, the EPA logo should be accompanied with a statement indicating that City of Stockton received financial support from the EPA under an Assistance Agreement. More information is available at: https://www.epa.gov/stylebook/using-epa-seal- and-logo#policy
h. National Programmatic Term and Condition for Fellowship, Internship Programs and Similar Programs Supported by EPA Financial Assistance
1. EPA funds for this program may only be used for participant support cost payments, scholarships, tuition remission and other forms of student aid for citizens of the United States, its territories, or possessions, or for individuals lawfully admitted to the United States for permanent residence.
2. The recipient and program participants are responsible for taxes, if any, on payments made to or on behalf of individuals participating in this program that are allowable as participant support costs under 2 CFR 200.1 or 2 CFR 200.456 and scholarships and other forms of student aid such as tuition remission under 2 CFR 200.466. EPA encourages recipients and program participants to consult their tax advisers, the U.S. Internal Revenue Service, or state and local tax authorities regarding the taxability of stipends, tuition remission and other payments. However, EPA does not provide advice on tax issues relating to these payments.
3. Participant support cost payments, scholarships, and other forms of student aid such as tuition remission are lower tiered covered Nonprocurement transactions for the purposes of 2 CFR 180.300 and EPA's Suspension and Debarment Term and Condition. Recipients, therefore, may not make participant support cost payments to individuals who are excluded from participation in Federal Nonprocurement programs under 2 CFR Part 180. Recipients are responsible for checking the eligibility of program participants in the System for Award Management (SAM) or obtaining eligibility certifications from the program participants.
See EPA Guidance on Participant Support Costs.
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***END OF DOCUMENT***
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