Eligible Uses of Funding
1. Projects eligible for funding include but are not limited to:
• Foster individuals, groups, and organizations in the communities served to become engaged participants in urban forest planning, planting, and management, especially those in disadvantaged communities that do not have adequate resources to install or maintain green infrastructure or are underrepresented. • Protect, enhance, and expand equitable urban tree canopy cover to maximize community access to human health, social, ecological, and economic benefits particularly in disadvantaged and nature-deprived communities experiencing low tree canopy cover, extreme heat and frequent flooding. Improve and increase access to parks and nature in communities.
• Encourage long-term urban forest planning, assessment, and management. • Encourage proactive and systematic maintenance and monitoring of urban trees and forested natural areas to improve forest health; assess risk to forests from pests, disease, and adverse climate impacts; and formulate adaptive management strategies to improve forest resilience. • Advance the use of tree and forest inventories, monitoring, and assessment tools in priority areas, including monitoring and measurement of extreme heat.
• Improve preparation for severe storms and the recovery of damaged or deteriorated landscapes to more healthy and resilient conditions.
• Protect, enhance and increase access to watersheds in urban and developing areas with a focus on conserving and managing forest patches, and green stormwater infrastructure. • Provide paid training experiences for urban forestry crews to establish and maintain urban forests into the future. Support youth employment opportunities, including workforce development and training for the creation and maintenance of green jobs and economic opportunities for planning, planting, and sustainably maintaining trees and forests, including training and retaining urban arborists, and producing and using urban forest products.
• Develop paid on-the-job training opportunities, including pre-apprenticeships and apprenticeships, to expand workforce development pathways for green careers in urban and community forestry. • Address exotic invasive pest species that adversely impact urban forests. • Work across jurisdictional boundaries, leveraging ideas and resources to increase capacity to provide equitable access to benefits across the larger landscape and at a greater geographic scale. • Aid in planning, goal setting, and skill sharing with other professions such as urban planners, engineers, educators, recreational and public health officials.
Reporting Requirements
Semi-annual financial and progress reports are required for IRA grants: Financial and Progress reports will be submitted for the periods ending June 30 and December 31. Reports are due 30 days from the period end. Timely submittal of financial and progress reports for each grant as indicated in your award agreement will be required.
Payments will be withheld until missing reports are received and approved. Progress reports should highlight direct quantitative and qualitative investment activities and outcomes and include stories and photographs that illustrate these.
City of Vallejo's Project
The Project will transform barren dirt areas along the Waterfront walkways, south of the Ferry Terminal, and extends to the Front Room and Mare Island Brewery open space.
Deliverables comprise multiple greenings: regraded Great Lawn, water smart irrigation, re-sodding, new hedges, and up to 1,000 native drought-tolerant tree plantings. Buildings will be buffered from the park site, with enhanced Native California wildflower meadow, pollinator gardens, a new Cultural Garden venue, Windrow Trees, and other plantings along the site. Rain collection/stormwater management and the River Green will be addressed.
Date: June 11, 2024
Subject: NOTICE OF INTENT TO AMEND THE BUDGET TO ACCEPT THE INFLATION REDUCTION ACT: URBAN AND COMMUNITY FORESTRY GRANT (STEP 1)
Expected Accomplishments:
1. New greenspace along the Waterfront for almost 20 acres (up to 1,000 trees).
2. Explore potential workforce development options for shadow training/Green Maintenance Worker trainees with hands-on skills in landscape maintenance, resulting in “marketable training” opportunities for basic certification (e.g., tree planting/pre-arborist/irrigation techniques).
Positions to be recruited under the supervision of the Public Works Maintenance Division and the City of Vallejo's procurement process. The project is consistent with Vallejo’s major planning documents, which include the Waterfront Specific Plan, Vallejo General Plan, and the Parks Master Plan. As cited in the General Plan, a key principle for open space is, “Preserving and enhancing the natural, historic, and scenic resources that make Vallejo unique." The richer the diversity of life around us, the greater the opportunity for healthy living, economic development, and adaptive responses to the challenges of climate change. The addition of tree canopy along the Vallejo Waterfront furthers the vision to bring 24/7 live, work, and social activity back into the Waterfront and Downtown for residents and visitors. The outcome will be enhanced equitable and accessible uses for all persons, including individuals with physical limitations.
Enhanced green space within a park setting improves the built environment by buffering noise, pollution, and helping reduce summer heat waves. Substantial outcomes will result from the integration of green infrastructure in all aspects of the planning phases for the increased green space along the Waterfront undertaking. Visual amenities with interpretive features for scenic recreation will contribute to visitor attractions and help boost the economy. These improvements would allow increased access to greenspace for our diverse population, while also improving the quality of life for families and individuals.
A well-maintained tree canopy with other greening amenities along the Waterfront will improve the waterfront district. Visual amenities with interpretive features for scenic recreation will contribute to visitor attraction and residents' quality of life. Research confirms substantial cost-savings with trees for green infrastructure, including decreased investments in air and water quality “gray infrastructure”. The Project will integrate a variety of low impact development (LID) strategies to mitigate stormwater runoff, reduce water pollution, and recharge groundwater supplies. The design may include bio infiltration rain gardens and permeable surfaces and pathways, as appropriate. Native drought tolerant plantings in open spaces significantly reduce storm-water runoff and enhance water conservation.
The City of Vallejo was awarded a grant totaling $1,734,070. This is Step 1 of the City's two-step process to amend the Budget. This is for notice only.
FISCAL IMPACT
The approval of this item is Step 1 in the two-step process for amending the Fiscal Year 2023-24 budget. The second step will come at the next regular City Council meeting, and will include detail on how the funding will be accounted for and expended. The total grant award to the City of Vallejo referenced is $1,734,070 with the required 1:1 local match being waived.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. 24-DG-224 Vallejo Award Letter Fully Signed
Date: June 11, 2024
Subject: NOTICE OF INTENT TO AMEND THE BUDGET TO ACCEPT THE INFLATION REDUCTION ACT: URBAN AND COMMUNITY FORESTRY GRANT (STEP 1)
2. ABC - Res 23-164 ARPA Reallocation Amendment FY 23-24 v2
3. 24-DG-224 Vallejo Narrative
4. 24-DG-224 Vallejo SF424s Assurances
5. UCF Award Administration Guide
CONTACT
Gillian Haen, Assistant City Manager (707) 648-4576
[email protected]
Caring for the Land and Serving PeoplePrinted on Recycled Paper FEDERAL FINANCIAL ASSISTANCEAWARD OF DOMESTIC GRANT 24-DG-11052021-224Between CITY OF VALLEJOAnd TheUSDA, FOREST SERVICEREGION 5STATE & PRIVATE FORESTRYProject Title: Waterfront RevivalUpon execution of this document, an award to City of Vallejo, hereinafter referred to as “City of Vallejo,” in the amount of1,734,070, is made under the authority of Cooperative Forestry Assistance Act, P.L. 95-313 as amended,16 USC 2105 and Public Law 117-169, Subtitle D, Section 23003(a). The Federal Assistance Listing (formerly Catalog of Federal Domestic Assistance - CFDA) number and name are 10.727 IRA Urban & Community Forestry. City of Vallejo accepts this award for the purpose described in the application narrative. Your application for Federal financial assistance, dated March 19, 2024, and the attached Forest Service provisions, ‘Forest Service Award Provisions,’ are incorporated into this letter and made a part of this award.This authority requires a match of 1:1, however match has been waived under the provision of Public Law 117-169 (Inflation Reduction Act) and based on assurance from the Cooperator that 100% of the work and funding will benefit disadvantaged communities, which your organization has agreed to provide as shown in the attached application,financial plan and narrative.As addressed in Provision E and F, the financial status and performance reports are due on a semi-annual basis for the periods ending June 30 and December 31. The final performance report is to be submitted no later than 120 days from the expiration date of the grant. The first reports will be due July 30, 2024, for the period ending June 30, 2024.Send the financial status reports to Kathryn Custard at the address on page 2, and the performance reports to Alicia Sanchez-Scott at the address on page 2 of this award and as shown in the narrative.This is an award of Federal financial assistance. Prime and sub-recipients to this award aresubject to the OMB guidance in subparts A through F of 2 CFR Part 200 as adopted and supplemented by the USDA in 2 CFR Part 400. Adoption by USDA of the OMB guidance in 2 CFR 400 gives regulatory effect to the OMB guidance in 2 CFR 200 where full text may be found.Electronic copies of the CFRs can be obtained at the following internet site: www.ecfr.gov. If you are unable to retrieve these regulations electronically, please contact your Grants and Agreements Office at (707) 980-3927.
OMB 0596-0217Expiration Date: 11/30/2017 Rev. (12-13)
The following administrative provisions apply to this award:A. LEGAL AUTHORITY. City of Vallejo shall have the legal authority to enter into this award, and the institutional, managerial, and financial capability to ensure proper planning, management, and completion of the project, which includes funds sufficient to pay the non-Federal share of project costs, when applicable. B. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their respective areas for matters related to this award. Principal Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Jason AckleyAssistant to the City Manager555 Santa Clara St.Vallejo, CA. 94590 Telephone: 707-649-7712Email: [email protected] Jesson De Leon555 Santa Clara St.Vallejo, CA. 94590 Email: [email protected] Principal Forest Service Contacts: Forest Service Program Manager ContactForest Service Administrative ContactAlicia Sanchez-ScottUrban & Community Forestry AssistantProgram ManagerState & Private Forestry1323 Club DriveVallejo, CA 94592 Cell: 805-450-8369 Email: [email protected] CustardProgram Specialist USDA Forest Service State & Private Forestry 1323 Club Drive Vallejo, CA 94592 Telephone: (707) 980-9711 Email: [email protected]. SYSTEM FOR AWARD MANAGEMENT REGISTRATION REQUIREMENT (SAM). City of Vallejo shall maintain current organizational information and the original Unique Entity Identifier (UEI) provided for this agreement in the System for Award Management (SAM) until receipt of final payment. This requires annual review and updates, when needed, of organizational information after the initial registration. More frequent review and updates may be required for changes in organizational information or agreement term(s). Any change to the original UEI provided in this agreement will result in termination of this agreement and de-obligation of any remaining funds. For purposes of this agreement, System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a Cooperative. Additional information about registration procedures may be found at the SAM Internet site at www.sam.gov.
Award Number: 24-DG-11052021-224
Caring for the Land and Serving PeoplePrinted on Recycled Paper D. ADVANCES AND REIMBURSABLE PAYMENTS – FINANCIAL ASSISTANCE. Advances and reimbursable payments are approved under this award. Only costs for those project activities approved in (1) the initial award, or (2) modifications thereto, are allowable. Requests for payment must be submitted on Standard Form 270 (SF-270), Request for Advance or Reimbursement, and must be submitted no more than monthly. In order to approve a Request for Advance Payment or Reimbursement, the Forest Service shall review such requests to ensure advances or payments for reimbursement are in compliance and otherwise consistent with OMB, USDA, and Forest Service regulations. Advance payments must not exceed the minimum amount needed or no more than is needed for a 30-day period, whichever is less. If the Recipient receives an advance payment and subsequently requests an advance or reimbursement payment, then the request must clearly demonstrate that the previously advanced funds have been fully expended before the Forest Service can approve the request for payment. Any funds advanced, but not spent, upon expiration of this award must be returned to the Forest Service.The Program Manager reserves the right to request additional information prior to approving a payment. The invoice must be sent by one of three methods: Send a copy to:EMAIL (preferred):[email protected]: 877-687-4894 POSTAL: USDA Forester ServiceBudget & Finance - Grants and Agreements 4000 Masthead St, NEAlbuquerque, NM 87109E. PRIOR WRITTEN APPROVAL. City of Vallejo shall obtain prior written approvalpursuant to conditions set forth in 2 CFR 200.407.F. MODIFICATIONS. Modifications within the scope of this award must be made by mutual consent of the parties, by the issuance of a written modification signed and dated by all properly authorized signatory officials, prior to any changes being performed. Requests for modification should be made, in writing, at least 45 days prior to implementation of the requested change. The Forest Service is not obligated to fund any changes not properly approved in advance.G. PERIOD OF PERFORMANCE. This agreement is executed as of the date of the Forest Service signatory official signature. Pre-award costs will not be allowed except on a case-by-case basis through WO program approval at the WO level. Regional Award Number: 24-DG-11052021-224
awards may make that decision at the regional level for awards at that level on a case-by-case basis. The end date, or expiration date is 03/31/2029. This instrument may be extended by a properly executed modification. See Modification Provision above. H. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties are authorized to act in their respective areas for matters related to this award. In witness whereof the parties hereto have executed this award.JASON ACKLEY, Assistant to the City ManagerCity of VallejoDateSHERRY HAZELHURST, Director USDA Forest Service, State & Private Forestry,Region 5 Date The authority and the format of this award have been reviewed and approved for signature. JACQUELINE WOODRUFFForest Service Grants Management Specialist Date Award Number: 24-DG-11052021-224
ATTACHMENT A: FOREST SERVICE AWARD PROVISIONSA. COLLABORATIVE ARRANGEMENTS. Where permitted by terms of the award and Federal law, City of Vallejo a may enter into collaborative arrangements with other organizations to jointly carry out activities with Forest Service funds available under this award.B. FOREST SERVICE LIABILITY TO THE RECIPIENT. The United States shall not be liable to City of Vallejo for any costs, damages, claims, liabilities, and judgments that arise in connection with the performance of work under this award, including damage to any property owned by City of Vallejo or any third party. C. NOTICES. Any notice given by the Forest Service or City of Vallejo will be sufficient only if in writing and delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows: To the Forest Service Program Manager, at the address specified in the award. To City of Vallejo, at the address shown in the award or such other address designated within the award. Notices will be effective when delivered in accordance with this provision, or on the effective date of the notice, whichever is later. D. SUBAWARDS. Prior approval is required to issue subawards under this grant. The intent to subaward must be identified in the approved budget and scope of work and approved in the initial award or through subsequent modifications. Approval of each individual subaward is not required, however the cooperator must document that each sub-recipient does NOT have active exclusions in the System for Award Management (sam.gov). The Cooperator must also ensure that they have evaluated each subrecipient’s risk in accordance with 2 CFR 200.332 (b). Any subrecipient under this award must be notified that they are subject to the OMB guidance in subparts A through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400. Any sub-award must follow the regulations found in 2 CFR 200.331 through .333. All subawards $30,000 or more must be reported at fsrs.gov in compliance with 2 CFR 170. See Attachment B for full text. E. FINANCIAL STATUS REPORTING. A Federal Financial Report, Standard Form SF-425 (and Federal Financial Report Attachment, SF-425A, if required for reporting multiple awards), must be submitted semi-annually. These reports are due 30 days after the reporting period ending June 30 and December 31. The final SF-425 (and SF-425A, Award Number: 24-DG-11052021-224
if applicable) must be submitted either with the final payment request or no later than 120 days from the expiration date of the award. These forms may be found athttps://www.grants.gov/web/grants/forms.html. F. PROGRAM PERFORMANCE REPORTS. The recipient shall perform all actions identified and funded in application/modification narratives within the performance period identified in award. In accordance with 2 CFR 200.301, reports must relate financial data to performance accomplishments of the federal award. City of Vallejo shall submit semi-annual performance reports. These reports are due 30 days after the reporting period ending June 30 and December 31. The final performance report shall be submitted either with City of Vallejo’s final payment request, or separately, but not later than 120 days from the expiration date of the award. - Additional pertinent information: To support consistent and transparent public access to project outcomes funded through the Inflation Reduction Act, grantees are required to report quantitative and qualitative project accomplishments for reporting periods ending June 30 and December 31 to a public-facing Impact Reporting Platform. Grantees will be provided instructions for project impact reporting. G. NOTIFICATION. City of Vallejo shall immediately notify the Forest Service of developments that have a significant impact on the activities supported under this award. Also, notification must be given in case of problems, delays or adverse conditions that materially impair the ability to meet the objectives of the award. This notification must include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. H. CHANGES IN KEY PERSONNEL. Any revision to key personnel identified in this award requires notification of the Forest Service Program Manager by email or letter. I. USE OF FOREST SERVICE INSIGNIA. In order for City of Vallejo to use the Forest Service insignia on any published media, such as a Web page, printed publication, or audiovisual production, permission must be granted by the Forest Service’s Office of Communications (Washington Office). A written request will be submitted by Forest Service, Program Manager, to the Office of Communications Assistant Director, Visual Information and Publishing Services prior to use of the insignia. The Forest Service Program Manager will notify City of Vallejo when permission is granted. J. FUNDING EQUIPMENT. Federal funding under this award is not available for reimbursement of City of Vallejo’s purchase of equipment. Equipment is defined as having a fair market value of $5,000 or more per unit and a useful life of over one year. Supplies are those items that are not equipment.
Award Number: 24-DG-11052021-224
K. PUBLIC NOTICES. It is Forest Service's policy to inform the public as fully as possible of its programs and activities. City of Vallejo is encouraged to give public notice of the receipt of this award and, from time to time, to announce progress and accomplishments. City of Vallejo may call on Forest Service's Office of Communication for advice regarding public notices. City of Vallejo is requested to provide copies of notices or announcements to the Forest Service Program Manager and to Forest Service's Office Communications as far in advance of release as possible. L. FOREST SERVICE ACKNOWLEDGED IN PUBLICATIONS, AUDIOVISUALS, AND ELECTRONIC MEDIA. City of Vallejo shall acknowledge Forest Service support in any publications, audiovisuals, and electronic media developed as a result of this award. Follow direction in USDA Supplemental 2 CFR 415.2. M. COPYRIGHTING. City of Vallejo is/are granted sole and exclusive right to copyright any publications developed as a result of this award. This includes the right to publish and vend throughout the world in any language and in all media and forms, in whole or in part, for the full term of copyright and all renewals thereof in accordance with this award. No original text or graphics produced and submitted by the Forest Service shall be copyrighted. The Forest Service reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use, and to authorize others to use the work for federal government purposes. This right shall be transferred to any sub-awards or subcontracts. This provision includes: The copyright in any work developed by City of Vallejo under this award. Any right of copyright to which City of Vallejo purchase(s) ownership with any federal contributions. N. NONDISCRIMINATION STATEMENT – PRINTED, ELECTRONIC, OR AUDIOVISUAL MATERIAL. City of Vallejo shall include the following statement, in full, in any printed, audiovisual material, or electronic media for public distribution developed or printed with any Federal funding. In accordance with Federal law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, and reprisal or retaliation for prior civil rights activity. (Not all prohibited bases apply to all programs.) Program information may be made available in languages other than English. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, and American Sign Language) should contact the responsible State or local Agency that administers Award Number: 24-DG-11052021-224
the program or USDA’s TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. To file a program discrimination complaint, a complainant should complete a Form AD-3027, USDA Program Discrimination Complaint Form, which can be obtained online at https://www.ocio.usda.gov/document/ad-3027, from any USDA office, by calling (866) 632-9992, or by writing a letter addressed to USDA. The letter mustcontain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights (ASCR) about the nature and date of an alleged civil rights violation. The completed AD-3027 form or letter must be submitted to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, D.C. 20250-9410; o (2) Fax: (833) 256-1665 or (202) 690-7442; or (3) Email: [email protected]. If the material is too small to permit the full Non-Discrimination Statement to be included, the material will, at a minimum, include the alternative statement: “This institution is an equal opportunity provider.” O. DISPUTES. In the event of any issue of controversy under this agreement, the parties may pursue Alternate Dispute Resolution (ADR) procedures to voluntarily resolve those issues. These procedures may include, but are not limited to conciliation, facilitation, mediation, and fact finding. Should the parties be unable to resolve the issue of controversy through ADR, then the Signatory Official will make the decision. A written copy of the decision will be provided to the Cooperator. Decisions of the Signatory Official shall be final unless, within 30 days of receipt of the decision of the Signatory Official, the Cooperator appeals the decision to the Forest Service's Deputy Chief, State, Private, and Tribal Forestry (SPTF). Any appeal made under this provision shall be in writing and addressed to the Deputy Chief, SPTF, USDA, Forest Service, Washington, DC 20024. A copy of the appeal shall be concurrently furnished to the Signatory Official. A decision under this provision by the Deputy Chief, SPTF, is final. The final decision by the Deputy Chief, SPTF, does not preclude the Cooperator from pursuing remedies available under the law. P. AWARD CLOSEOUT. City of Vallejo must submit, no later than 120 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. Any unobligated balance of cash advanced to City of Vallejo must be immediately refunded to the Forest Service, including any interest earned in accordance with 2 CFR Award Number: 24-DG-11052021-224
200.344(d).If this award is closed without audit, the Forest Service reserves the right to disallow and recover an appropriate amount after fully considering any recommended disallowances resulting from an audit which may be conducted later. Q. TERMINATION. This award may be terminated, in whole or part pursuant to 2 CFR 200.340.R. DEBARMENT AND SUSPENSION. City of Vallejo shall immediately inform the Forest Service if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180. Additionally, should City of Vallejo or any of their principals receive a transmittal letter or other official federal notice of debarment or suspension, then they shall notify the Forest Service without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. The Recipient shall adhere to 2 CFR Part 180 Subpart C in regards to review of sub-recipients or contracts for debarment and suspension. All subrecipients and contractors must complete the form AD-1048, Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions. Blank forms are available electronically. Completed forms must be kept on file with the primary recipient. S. MEMBERS OF CONGRESS. Pursuant to 41 U.S.C. 22, no member of, or delegate to, Congress shall be admitted to any share or part of this award, or benefits that may arise therefrom, either directly or indirectly.T. SCIENTIFIC INTEGRITY: USDA is committed to the highest levels of integrity in all of our scientific activities and decision making. This includes to performing, recording and reporting the results of scientific activities with honesty, objectivity, and transparency. All persons performing under this agreement shall adhere to the principles of scientific integrity described in Departmental Regulation (DR) 1074-001. U. GEOSPATIAL DATA. All data collected will meet the requirements of the Geospatial Data Act of 2018 where applicable. This will always include the documentation of all relevant metadata standards, use of standard data formats; description of quantitative measures of uncertainty and source of uncertainty and sources of uncertainty associated with the data. Additionally, the data must meet specific standards specified elsewhere to ensure the data is useful to support the USDA’s mission. The recipient/cooperator agrees to comply with USDA’s Department-wide enterprise geospatial data management policy implemented in Departmental Regulation 3465-001which establishes the USDA policy for defining the strategic direction necessary to optimize the management of the USDA geospatial data and geospatial infrastructure, including all geospatial data created for, by, and enhanced by USDA.
Award Number: 24-DG-11052021-224
V. PUBLIC ACCESS TO SCHOLARLY PUBLICATIONS AND DIGITAL SCIENTIFIC RESEARCH DATA. The recipient agrees to comply with USDA’s Department-wide public access policyimplemented in Departmental Regulation 1020-006which establishes the USDA policy for public access to scholarly publications and digital scientific research data assets. The USDA will make all peer-reviewed, scholarly publications and digital scientific research data assets arising from unclassified scientific research supported wholly or in part by the USDA accessible to the public, to the extent practicable. W. BUY AMERICA BUILD AMERICA. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless: (1) All iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through theapplication of coatings, occurred in the United States;(2) All manufactured products used in the project are produced in the United States— this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and (3) All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The construction material standards are listed below. Incorporation into an infrastructure project. The Buy America Preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) Award Number: 24-DG-11052021-224
Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated. Application of the Buy America Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified. Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions: (a) For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (b) For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product. Construction material standards. The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is followed by a standard for the material to be considered “produced in theUnited States.” Except as specifically provided, only a single standard should be applied to a single construction material. (1) Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States. (2) Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable,constituent composite materials, until the item is in its final form, occurred in the United States.
Award Number: 24-DG-11052021-224
(3) Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States. (4) Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others. (5) Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States. (6) Lumber. All manufacturing processes, from initial debarking through treatment and planning, occurred in the United States. (7) Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States. (8) Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States. Waivers. When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. The agency should notify the recipient for information on the process for requesting a waiver from these requirements. When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the Buy America Preference in any case in which the agency determines that: (1) applying the Buy America Preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or Award Number: 24-DG-11052021-224
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the Buy America Preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at USDA Buy America Waivers for Federal Financial Assistance | USDA. Definitions“Buy America Preference”means the “domestic content procurement preference” set forth in section 70914 of the Build America, Buy America Act, which requires the head of each Federal agency to ensure that none of the funds made available for a Federal award for an infrastructure project may be obligated unless all of the iron, steel, manufactured products, and construction materials incorporated into the project are produced in the United States. “Construction materials” means articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2) of this definition. To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material. (1) The listed items are: (i) Non-ferrous metals; (ii) Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); (iii) Glass (including optic glass); (iv) Fiber optic cable (including drop cable); (v) Optical fiber; (vi) Lumber; (vii) Engineered wood; and (viii) Drywall. (2) Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material.
Award Number: 24-DG-11052021-224
“Infrastructure” means public infrastructure projects in the United States, which includes, at a minimum, the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercitypassenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy including electric vehicle (EV) charging. “Infrastructure project” means any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the project. See also paragraphs (c) and (d) of 2 CFR 184.4. “Iron or steel products” means articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both. X. TRAFFICKING IN PERSONS.1. Provisions applicable to a Recipient that is a private entity. a. You as the Recipient, your employees, Subrecipients under this award, and Subrecipients’ employees may not: (1) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; (2) Procure a commercial sex act during the period of time that the award is in effect; or (3) Use forced labor in the performance of the award or subawards under the award. b. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a Subrecipient that is a private entity: (1) Is determined to have violated a prohibition in paragraph a.1 of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a.1 of this award term through conduct that is either: i. Associated with performance under this award; or ii. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Government wide Debarment and Suspension (Nonprocurement),’’. 2. Provision applicable to a Recipient other than a private entity. We as the Federal Award Number: 24-DG-11052021-224
awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: a. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or b. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.1 of this award term through conduct that is either— (1) Associated with performance under this award; or (2) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, ‘‘OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement),’’ 3. Provisions applicable to any recipient. a. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this award term. b. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: (1) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g)), and (2) Is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity. 4. Definitions. For purposes of this award term: a. ‘‘Employee’’ means either: (1) An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or (2) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.b. ‘‘Forced labor’’ means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.c. ‘‘Private entity’’: (1) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. (2) Includes:i. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).ii. A for-profit organization. d. ‘‘Severe forms of trafficking in persons,’’ ‘‘commercial sex act,’’ and Award Number: 24-DG-11052021-224
‘‘coercion’’ have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). Y. DRUG-FREE WORKPLACE. 1. City of Vallejo agree(s) that it will publish a drug-free workplace statement and provide a copy to each employee who will be engaged in the performance of any project/program that receives federal funding. The statement must a. Tell the employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace; b. Specify the actions City of Vallejo will take against employees for violating that prohibition; and c. Let each employee know that, as a condition of employment under any award, the employee: (1) Shall abide by the terms of the statement, and(2) Shall notify City of Vallejo in writing if they are convicted for a violation of a criminal drug statute occurring in the workplace, and shall do so no more than 5 calendar days after the conviction. 2. City of Vallejo agree(s) that it will establish an ongoing drug-free awareness program to inform employees about a. The dangers of drug abuse in the workplace; b. The established policy of maintaining a drug-free workplace; c. Any available drug counseling, rehabilitation and employee assistance programs; and d. The penalties that you may impose upon them for drug abuse violations occurring in the workplace. 3. Without the Program Manager’s expressed written approval, the policy statement and program must be in place as soon as possible, no later than the 30 days after the effective date of this instrument, or the completion date of this award, whichever occurs first. 4. City of Vallejo agrees to immediately notify the Program Manager if an employee is convicted of a drug violation in the workplace. The notification must be in writing, identify the employee’s position title, the award number of each award on which the employee worked. The notification must be sent to the Program Manager within 10 calendar days after City of Vallejo learns of the conviction. 5. Within 30 calendar days of learning about an employee’s conviction, City of Vallejo must either a. Take appropriate personnel action against the employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973 (29 USC 794), as amended, or b. Require the employee to participate satisfactorily in a drug abuse assistance or Award Number: 24-DG-11052021-224
rehabilitation program approved for these purposes by a Federal, State or local health, law enforcement, or other appropriate agency. Z. PROHIBITION AGAINST USING FUNDS WITH ENTITIES THAT REQUIRE CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS. 1. The recipient may not require its employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2. The recipient must notify its employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (1) of this award provision are no longer in effect. 3. The prohibition in paragraph (1) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. 4. If the Government determines that the recipient is not in compliance with this award provision, it;a. Will prohibit the recipient’s use of funds under this award in accordance with sections 743, 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; and b. May pursue other remedies available for the recipient’s material failure to comply with award terms and conditions. AA. ELIGIBLE WORKERS. City of Vallejo shall ensure that all employees complete the I-9 form to certify that they are eligible for lawful employment under the Immigration and Nationality Act (8 U.S.C. 1324(a)). City of Vallejo shall comply with regulations regarding certification and retention of the completed forms. These requirements also apply to any contract or supplemental instruments awarded under this award. BB. FREEDOM OF INFORMATION ACT (FOIA). Public access to award or agreement records must not be limited, except when such records must be kept confidential and would have been exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 315(e). Public access to culturally sensitive data and information of Federally-recognized Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106 (2009 Farm Bill).CC. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text Messaging While Driving,” any and all text messaging by Federal employees is banned: a) while driving a Government owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official Government business; or b) using any electronic equipment supplied by the Government when driving Award Number: 24-DG-11052021-224
any vehicle at any time. All Cooperators, their Employees, Volunteers, and Contractors are encouraged to adopt and enforce policies that ban text messaging when driving company owned, leased or rented vehicles, POVs or GOVs when driving while on official Government business or when performing any work for or on behalf of the Government. DD. PROMOTING FREE SPEECH AND RELIGIOUS FREEDOM. As a recipient of USDA financial assistance, you will comply with the following: 1. Do not discriminate against applicants for sub-grants on the basis of their religious character. 2. 7 Code of Federal Regulations (CFR) part 16.3(a), Rights of Religious Organizations. 3. Statutory and National policy requirements, including those prohibiting discrimination and those described in Executive Order 13798 promoting free speech and religious freedom, 2 CFR 200.300. EE. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. The cooperator (including subrecipients) is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information. In accordance with 2 CFR 200.216, the grantee (including subrecipients) is prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to: (1) procure or obtain, extend or renew a contract to procure or obtain; (2) enter into a contract (or extend or renew a contract) to procure; or (3) obtain the equipment, services or systems. FF. DAVIS BACON WAGES FOR CONSTRUCTION. Following the requirement in Section 41101 of the Bipartisan Infrastructure Law, P.L. 117-58, Davis-Bacon wage rates must be applied for all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work on a project assisted in whole or in part by funding made available under this Act. Laborers and mechanics shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code (commonly referred to as the ‘‘Davis-Bacon Act’’). GG. INVESTING IN AMERICA SIGNAGE. For any Bipartisan Infrastructure Law or Inflation Reduction Act funded public construction project in the amount of $250,000 or more, the Cooperator shall visibly post clear and prominent signs acknowledging the source of funding. See Office of Management and Budget Memorandum CA-23-6. For any construction project less than $250,000 or a non-construction project, the Cooperator is encouraged to display a poster or utilize other appropriate Investing in America media. Specific sign and poster design criteria may be found in the USDA Style Award Number: 24-DG-11052021-224
Guide. Production costs of Investing in America signs shall be reasonable. To maintain reasonable costs, the Cooperator is encouraged to use recycled or recovered materials when producing signs. In the event production of such signs and/or posters will result in unreasonable costs, expenses or burden to the Cooperator, production will not be required, and the Forest Service should be notified.
Award Number: 24-DG-11052021-224
ATTACHMENT B: 2 CFR PART 170 Appendix A to Part 170—Award TermI. Reporting Subawards and Executive Compensation a. Reporting of first-tier subawards. 1. Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).2. Where and when to report. i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.) 3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.b. Reporting total compensation of recipient executives for non-Federal entities. 1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if—i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR 170.320;ii. in the preceding fiscal year, you received—(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards), and (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); and,iii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:i. As part of your registration profile at https://www.sam.gov. ii. By the end of the month following the month in which this award is made, and annually thereafter.c. Reporting of Total Compensation of Subrecipient Executives.1. Applicability and what to report.Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient’s five most Award Number: 24-DG-11052021-224
highly compensated executives for the subrecipient’s preceding completed fiscal year, if—i. in the subrecipient’s preceding fiscal year, the subrecipient received—(A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards) and, (B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and ii. The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.) 2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term: i. To the recipient. ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year. d. Exemptions. If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report: i. Subawards, and ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term: 1. Federal Agency means a Federal agency as defined at 5 U.S.C. 551(1) and further clarified by 5 U.S.C. 552(f). 2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:i. A Governmental organization, which is a State, local government, or Indian tribe;ii. A foreign public entity; iii. A domestic or foreign nonprofit organization; and, iv. A domestic or foreign for-profit organization 3. Executive means officers, managing partners, or any other employees in management positions. 4. Subaward: i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.
Award Number: 24-DG-11052021-224
5. Subrecipient means a non-Federal entity or Federal agency that:i. Receives a subaward from you (the recipient) under this award; andii. Is accountable to you for the use of the Federal funds provided by the subaward.6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient’s or subrecipient’s preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)). END OF ATTACHMENT B: 2 CFR PART 170 Award Number: 24-DG-11052021-224
ATTACHMENT C: WHISTLEBLOWER NOTICE Whistleblowers perform an important service to USDA and the public when they comeforward with what they reasonably believe to be evidence of wrongdoing. They should never be subject to reprisal for doing so. Federal law protects federal employees as well as personal services contractors and employees of Federal contractors, subcontractors, grantees, and subgrantees against reprisal for whistleblowing. USDA bears the responsibility to ensure that nothing in a non-disclosure agreement which a contractor, subcontractor, grantee, or subgrantee requires their employees to sign should be interpreted as limiting their ability to provide information to the Office of Inspector General (OIG). 41 U.S.C. § 4712 requires the head of each executive agency to ensure that its contractors inform their workers in writing of the rights and remedies under the statute. Accordingly, it is illegal for a personal services contractor or an employee of a Federal contractor, subcontractor, grantee, or subgrantee to be discharged, demoted, or otherwise discriminated against for making a protected whistleblower disclosure. In this context, these categories of individuals are whistleblowers who disclose information that the individual reasonably believes is evidence of one of the following: • Gross mismanagement of a Federal contract or grant; • A gross waste of Federal funds; • An abuse of authority relating to a Federal contract or grant;• A substantial and specific danger to public health or safety; or • A violation of law, rule, or regulation related to a Federal contract (including the competition for or negotiation of a contract) or grant. To be protected under 41 U.S.C. § 4712, the disclosure must be made to one of the following: • A Member of Congress, or a representative of a committee of Congress; • The OIG; • The Government Accountability Office (GAO); • A Federal employee responsible for contract or grant oversight or management at USDA; • An otherwise authorized official at USDA or other law enforcement agency; • A court or grand jury; or • A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct. Under 41 U.S.C. § 4712, personal services contractors as well as employees of contractors, subcontractors, grantees, or subgrantees may file a complaint with OIG, who will investigate the matter unless they determine that the complaint is frivolous, fails to allege a violation of the prohibition against whistleblower reprisal, or has been addressed in another proceeding. OIG’s investigation is then presented to the head of the executive agency who evaluates the facts of the investigation and can order the contractor, subcontractor, grantee, or subgrantee Award Number: 24-DG-11052021-224
to take remedial action, such as reinstatement or back pay. Federal Acquisition Regulation (FAR) Subpart 3.903, Whistleblower Protections for Contractor Employees, Policy, prohibits government contractors from retaliating against a contract worker for making a protected disclosure related to the contract. FAR Subpart 3.909-1 prohibits the Government from using funds for a contract with an entity that requires its employees or subcontractors to sign internal confidentiality statements prohibiting or restricting disclosures of fraud, waste, or abuse to designated persons. This prohibition does not contravene agreements pertaining to classified information. The regulation also requires contracting officers to insert FAR clause 52.203-17, Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights,in all solicitations and contracts that exceed the Simplified Acquisition Threshold as defined in FAR Subpart 3.908. This clause requires notification to contractor employees that they are subject to the whistleblower rights and remedies referenced in 41 U.S.C. § 4712. In order to make a complaint alleging any of the violations mentioned above, one should complete the OIG Hotline form located at: https://www.usda.gov/oig/hotline. For additional information, they may also visit the WPC’s webpage at: https://www.usda.gov/oig/wpcor they may directly contact the WPC at [email protected].
Award Number: 24-DG-11052021-224
ATTACHMENT D: SUPPLEMENTAL PROVISIONS JUSTICE 40 INITIATIVE. Executive Order (EO) 14008, Tackling the Climate Crisis at Home and Abroad, was signed on January 27, 2021. This EO commits federal agencies to providing 40% of federal benefits to disadvantaged communities. When the cooperator is considering a sub-award or contract to be executed under this agreement, the cooperator shall consider the requirements of EO 14008, section 223, OMB M-21-28 and OMB-23-09.
1. S&PF PROGRAM - Inflation Reduction Act Urban and Community Forestry Program PROJECT TITLE – Waterfront Revival
2. GRANTEE NAME – City of Vallejo
3. PROJECT COORDINATOR(S) – Provide name and contact information (address, phone number, fax number, email address) for the Program/Project Coordinator and financial contact for activities described in this narrative. Also, provide name and contact information for the individual responsible for progress and financial reporting if different from above.
Program Project Coordinators:
Jason Ackley
Address: 555 Santa Clara Street, 1st Floor. Vallejo, CA 94590 Phone Number: 707-649-7712
Fax Number: N/A
Email: [email protected]
Jason Lacey
Address: 555 Santa Clara Street, 1st Floor. Vallejo, CA 94590 Phone Number: 707-333-0154
Fax Number: N/A
Email: [email protected]
Financial Contact:
Jesson De Leon
Address: 555 Santa Clara Street, 1st Floor. Vallejo, CA 94590 Phone Number: 707-648-5433
Fax Number: N/A
Email: [email protected]
4. STATEMENT OF NEED/PROBLEM – Describe the existing situation and why the work or project is a priority. Use facts or statistics to briefly describe the problem, need, or opportunity to be addressed. Information from the Forest Action Plan (FAP=SWARS) should be utilized and referenced to help describe the existing situation and need for the program/project. You may provide a concise reference to issues or maps in the State’s FAP (for example, page number, issue number). Do not copy and paste long sections of text from the FAP.
Vallejo has a growing young adult population, ages 18- 35, that is increasing faster than the Bay Area as a whole, and the demand for trending career opportunities such as those offered in the field of Urban Forestry would be a positive for targeted underserved groups. The City of Vallejo is the largest in Solano County, with a population of 126,090 (2020 Census). It is also a culturally rich and ethnically diverse community, with nearly 1 in 3 residents born outside the U.S. (26.2%).
Further, Vallejo is listed in the top 25% of pollution -burdened census tract areas. The project is designed to address pollution issues by meeting the Ten-Year Urban Forest Action Plan Goal #1 - Integrate Community Forestry, by integrating community forestry into the Waterfront Public Park and the respective Open Space development. Greening measures will also address flooding management and control concerns, which impacted several areas during the recent California rainfall.
Vallejo’s greening measures will be centered around the proposed planting of an estimated 100 native trees, including appropriated ground cover and greening in support of the trees. This award dovetails with the City’s Master Plan Phasing efforts to increase community capacity to utilize urban trees in open space planning, infrastructure, and private development to further best practices in green elements for sustainability. Additionally , the project is consistent with Vallejo’s primary planning documents, including the Waterfront Specific Plan, Vallejo General Plan, and the Parks Master Plan. As cited in the General Plan, a fundamental principle for open space is “Preserving and enhancing the natural, historic, and scenic resources that make Vallejo unique.” This Project will transform barren dirt areas along the Waterfront and Mare Island Way. The proposed improvements include multiple greenings, re-soding the Great Lawn directly around the trees to assist with the overaccumulation of water from rain, and installing water-smart irrigation, and installing water-smart irrigation, which will be carefully located to take care of the trees. Rain collection/stormwater management and the River Green will also be addressed. Enhanced green space within a park setting improves the built environment by buffering noise and pollution and helping reduce summer heat waves.
Adding a tree canopy along the Vallejo Waterfront furthers the vision to bring 24/7 live, work, and social activity back into the Waterfront and Downtown for residents and visitors. The outcome will enhance equitable and accessible uses for all persons, including i ndividuals with physical limitations. Signs with interpretive features for scenic recreation will contribute to visitor attraction and help boost the economy.
Studies show that the richer the diversity of life around us, the more excellent the opportunity for healthy living, economic development, and adaptive responses to the challenges of climate change.
These improvements will allow increased access to greenspace for our diverse population and improve the quality of life for families and individuals. The project will spur other expansions that can increase workforce opportunities and expand public awareness of the importance of urban forestry to help reinvigorate the city and local economy.
Finally, the project is a joint project between the Yocha Dehe Tribe and the City of Vallejo. Since Vallejo is further ahead than the Yocha Dehe Tribe’s projects, Vallejo plans to split the project into two phases. Phase 1 will install the improvements described immediately above from Barbara Kondylis Park to Independence Park.
The next phase will be conducted by the Yocha Dehe Tribe, which plans to build out the area further after the City’s deliverables under the grant . The designs submitted for the Yocha Dehe phase of the project include converting an unused office space on the site into a cultural center and tasting room experience, as well as building out of the targeted park locations with additional plantings and public usable amenities to reflect the natural and historical beauty that once encompassed this area of the bay.
EXHIBIT A – BARBARA KONDYLIS PARK AND INDEPENDENCE PARK
EXHIBIT B – EXISTING CONDITIONS – BARBARA KONDYLIS PARK
BARBARA KONDYLIS PARK
INDEPENDENCE PARK
EXHIBIT C – EXISTING CONDITIONS – INDEPENDENCE PARK
5. GOALS – Describe the goals this work will help to achieve. Goals must be consistent with program authorities and guidelines. Identify and briefly summarize the long-term strategies for implementing this goal in this grant narrative. Provide concise reference to strategy in the State’s Forest Action Plan and US Forest Service UCF 10-Year Action Plan (page number, strategy number). Do not copy and paste long sections of text.
Goal 1 (Increase Public Awareness to Cultivate Diversity, Equity, and Leadership)
As cited in the Ten -Year Action Plan for Urban Forestry, there is a high concern for the lack of consistent public awareness and educational outreach explaining the benefits of Urban and Community Forestry locally/regionally, at all levels, especially for vulnerable groups. Especially in Vallejo, a disadvantaged city. Goal one, strategy C of the Ten Year Plan , is to launch a public awareness and education campaign to elevate recognition of the value of urban trees and urban forest ecosystems as essential contributors to community sustainability and resilience.
The City of Vallejo plans to hold at least two community outreach sessions to gauge the sentiment of the constituents while also briefing them on this funding opportunity and our goals under this grant. The community will be integral in deciding which trees to plant, the signage, and long-term sustainability activities.
Community effort goals include: 1) Engage underserved groups, 2) Increase workforce development opportunities for exposure to green jobs/skills for underserved groups in Vallejo, and 3) Promote expanded collaboration for training and communication in urban/com forestry to build workforce professional development.
Goal 2 (Strengthen Urban and Community Forest Health and Biodiversity for Long- Term Resilience)
The project under this grant is another step in Vallejo’s long- term plan for biodiversity. Adding trees to the projected area will transform a barren park into a crown jewel. Our project proposes
planting an estimated 100 native trees , including appropriate ground cover and shrubbery, to support the trees . Further, this project will spur Vallejo’s planning department to continue integrating tree planting into the City’s Master Plan. Because of this award, there has already been a focus on increasing community capacity by utilizing urban trees in open space planning, infrastructure, and private development to further best practices in green elements for sustainability.
Goal 3 (Climate Response)
As detailed in California’s Forest Action Plan, our plan is also focused on mitigating and adapting to the effects of climate change on forest ecosystems . With projected significant rises in temperatures and more uncertain precipitation, forest ecosystems must be managed to preserve their fundamental integrity as providers of ecosystem services, wildlife habitat , and timber. The planned tree plantings will continue Vallejo’s mention to combat global warming.
In addition to their cooling and shading benefits and improving quality of life, urban forests will act as a carbon sink to reduce greenhouse gases. As mentioned earlier, Vallejo is a severely disadvantaged community. This project will further the goals of the government -wide Justice40 Initiative that seeks to deliver 40 percent of the benefits of certain Federal investments to disadvantaged communities that face burdens related to climate change, the environment, health, and economic opportunity. The project will also fund signs at the Parks that will denote Vallejo’s efforts in this regard.
6. OBJECTIVES/OUTPUTS –List the objectives to be met in order to address the goals/strategies. Objectives are specific actions this program/project is intended to achieve during the time period of this grant to meet or work towards achieving the goals that are listed.
Objectives are “SMART” – Specific, Measurable, Accountable, Realistic, and Timely. Also include objectives to meet any specific targets or direction for use of program funds, as highlighted in the funding advice. Provide specific details to clearly quantify the deliverables (outputs), such as number and names of communities assisted, location and number of acres surveyed or treated, number of trees grown in the nursery/planted, description and dollar value of equipment purchased, number of personnel trained. Consider using measures consistent with those you report on annually in the NIC (National Information Center) database, including CARS, SMART, and NICE.
Develop Design Plans
The City of Vallejo will work with the design firm Gates & Associates to determine the design before implementation. We have already engaged with them to finalize the proposed budget.
Host Public Meetings
The City of Vallejo plans to host at least two public meetings in different locations for convenience and to allow for the entire community to participate. In this meeting, we plan to recruit for the workforce component of our proposal while describing our project and spreading awareness of the funder/funding opportunity. The Greater Vallejo Recreational District will host the meetings.
Entitlements
Complete and thorough project review and approval process Tasks include-
• Design Review Board
• Planning Commission
• Vallejo City Council
• BCDC-San Francisco Bay Conservation & Development Commission • Title report
• Easement/ROW/agreement review
• Agreements
Project Management and site activities
• Complete PS&E- plans, specifications, and estimates.
• Hold pre-bid meetings.
• Complete competitive public bidding process
• The city council will approve the contract and award. • Hold pre-site improvement meetings to install the trees (identify roll, review work schedules, notifications/permits, submittals)
• Start project site improvements.
• Manage project submittals, change orders, and inspections. • Grant reporting and fiscal management
• Final inspections, Council acceptance, close-out
Greening of Area
The project scope will focus on developing and installing trees and supportive plant understories to enhance the outdoor experience and improve and increase Vallejo’s urban tree canopy.
Planting activities will occur during the site improvement activities and will be overseen by Public Works arborist staff.
Recruitment/Training of Green Maintenance Workers
Work with our Human Resource Dept. and our partner agency, Greater Vallejo Recreation District (GVRD), to develop a training program to provide job skills, education, and experience in the “green” tree/plant care industry. Training will focus on providing individuals with the expertise and knowledge to obtain a “certified tree worker” credential from the ISA-International Society of Arboriculture. Program candidates will be selected from our most underserved population.
Project Sustainability
The project location (Census Track: 06095250900; according to Explore the map - Climate & Economic Justice Screening Tool (geoplatform.gov)) and improvements are located on the city of Vallejo property. The City will oversee plant establishment, young tree care, structural pruning, and overall care after the grant’s duration. City arborists will apply industry standards, BMP-best management practices, and ANSI 300.
Health and Social Outcomes
Trees, gardens, and park settings have been scientifically linked to reduced mental and physical stress, better task attention, and faster healing in hospitals. Research studies show that nearly one in four adults experience “a mental health illness yearly including depression, anxiety, or elder cognitive disorders.” (Source: Urban Forestry Action Plan) The project offers a central gathering space for community members to meet and interact, increasing social cohesion and positive health outcomes. The Surgeon General’s Call to Action to Prevent and Decrease Overweight and Obesity (Health and Human Services, 2001) report connects obesity to the need for communities to provide adequate parks and recreation opportunities, which recognizes the benefits of increased physical activity.
Moreover, proximity to public parks and tree -lined venues tends to have the most significant impact on the length of the lives of people, even considering other factors that affect longevity, such as gender, marital status, income, and age (American Planning Association). The project site provides user-friendly walking access and connection to the infamous Bay Trail/Vine Trail, which will help reduce chronic disease incidents, such as cardiovascular, diabetes, and other diseases.
Overall, this project will promote quality of life by creating cleaner air, conserving soil and energy, and increasing property values. Mitigating climate change and extreme heat by removing carbon dioxide from the air, storing carbon in the trees and soil, and releasing oxygen into the atmosphere is a massive goal of Vallejo’s City Council.
Economic Outcomes
A well-maintained tree canopy with other greening amenities will increase the attraction to the waterfront and business districts. Further, the values associated with having adjacent trees and parks close to housing and busy transit locations can be converted to local government revenues.
Signs with interpretive features for scenic recreation will increase visitor engagement and help boost the economy. Research confirms substantial cost-savings with trees for green infrastructure, including decreased investments in air and water quality “gray infrastructure.” The Project will integrate various low-impact development (LID) strategies to mitigate stormwater runoff, reduce water pollution, and recharge groundwater supplies. The design will include bio- infiltration rain gardens and permeable surfaces and pathways, as appropriate. Native, drought -tolerant plantings in open spaces significantly reduce storm-water runoff and enhance water conservation.
Expected Accomplishment(s)
1) New green space along the waterfront is almost 20 acres. Twenty acres of new greenspace along the waterfront consist of existing trees along the waterfront and surrounding landscapes that have all been planted over time through planned development, capital improvement projects, and minor improvement projects. The surrounding trees will be chosen based on budget, planting space, and appearance. In this project, we intend to engage the public, residents, Planning Department, and Public Works arborist staff to select native species that best fit the space and will provide maximum sustainable benefits to people and the environment. Trees planted on this project will range from #15 gal up to 48” boxes and be selected from the approved “City of Vallejo Master Tree List.”
2) Develop workforce options for shadow training/Green Maintenance Worker trainees with hands-on skills in landscape maintenance, resulting in “marketable training” opportunities for basic certification (e.g., tree planting/pre-arborist/ irrigation techniques). Positions to be recruited under the supervision of the Public Works Maintenance Division and the City of Vallejo procurement process.
7. SPECIFIC ACTIVITIES – Describe in detail what work will be done to achieve the objectives. Include who will lead and perform the activity, the responsibility others have (including partners), the geographic area where the work will be done, and timeframes when the work will be done.
Year 1
The first year will involve preparation for improvement installations to make the project shovel- ready. Preparation includes:
-Design (work will be done by city staff with outside firm) -Submitting samples of materials and analyses for approval (work will be done by city staff with outside firm)
-Securing necessary permits and approvals (work will be done by city staff with outside firm) -Community outreach meetings (work will be done by GVRD) -Contracting/bidding (work will be done by city staff with outside firm) Year 2
The second year will see more activity on the prospective site. Community engagement will also progress to recruitment to build the program that will produce green maintenance workers.
Engagement will consist of public in-person meetings and online survey(s) through MyVallejo.com.
Regarding installation, the following will be expected to be completed by our City Staff and our consultants, Gates & Associates, by the end of year 2:
-Backfilling with suitable material within the tree planting area. -Installing native drought trees.
-Installation of improvements to support the installation of drought-resistant trees (this includes:
tree supportive plants, drainage improvements, soil amendments, tree protection buffer zones, irrigation, tree-supportive understory for success and health, installing mulch) -Completion of supportive greening to support tree longevity Year 3
The third year will focus on further implementing the work program and finalizing improvement installations. This includes:
-Planting operations, including mulching, watering, staking, spraying, weeding, pruning, drip bag installation, etc.
-Fertilization at the time of planting.
-Establishing finished grades.
-Ongoing maintenance and training program
Year 4
-Cleaning site at the end of planting operations.
-Maintaining, protecting, weeding, pruning damaged or broken limbs, and replacing dead trees during the guarantee period
Year 5
The last year of the grant will serve as a catch-all to ensure the project is completed promptly. In addition to continuing to observe the progress of the project, Vallejo will continue modifying and expanding the training program.
Communications Plan:
Share your plans for communication on the project, including plans for 1) signage acknowledging the funding source at project locations and 2) including funding information in press and promotional materials.
The City of Vallejo will acknowledge Forest Service support in any publications, audiovisuals, and electronic media developed as deliverables of the awarded project. USDA and Forest Service logos will be placed on all materials.
Special signage will be created and posted throughout the park site to broadcast the award and to acknowledge the Granting Agency for the support required to propel the City of Vallejo’s high- priority, under-utilized park site that has been stalled due to the lack of funding.
The Project will be promoted through the City of Vallejo’s multiple social media outlets, monthly newsletters, and announcements at various business and social venues. Press Releases will be placed in the local newspapers, which boast a circulation of over 100,000 readers, to keep the public informed of the project’s progress.
8. KEY PERSONNEL – Describe the qualifications of key personnel or organizations other than the Project Coordinator involved in accomplishing the objectives.
Daily program administration, monitoring, and quality control will be conducted by a team of skilled and knowledgeable Vallejo management with a combined experience of well over 25 years.
Staffing members are trained in operations, land use, strategic planning, fiscal compliance, facilities management (i.e., irrigation systems, planting protocol, maintenance), and timely implementation of multiple projects.
1. Jason Lacey, Landscape Maintenance Manager, City of Vallejo ISA Certified Arborist, WE-10614A TRAQ/ QAC #9422
Daily Project Management and Supervision
2. Dan Sequeira, City Engineer, City of Vallejo
Supportive Project Management, Monitoring/Evaluation, and support for expanding Urban & Community Forestry collaboration.
3. Gillian Hayes, Assistant City Manager, City of Vallejo Project Administrative Oversight, Support, including policy directives, and expansion of Urban & Community Forestry collaboration
9. RESPONSIBILITIES – Describe any special responsibilities of the Forest Service or others, if any.
The City of Vallejo will look to the Wildfire & Forest Resilience Workforce Development resources to better prepare our trainees for the work we will require. The trainee program can also help our trainees get certified and trained for other promotional opportunities, such as a career in Urban Forestry. Finally, we plan to set aside some grant-awarded funding to pay for training, conferences, and certifications for the individuals we anticipate hiring.
We also look forward to cultivating relationships with local partnering organizations for support and job opportunities. For instance, the Forest Service provides funding to the City of Vallejo to fund SCA and Mobile Green crews, which are known organizations that provide training and on- the-ground opportunities.
10. MONITORING & EVALUATION – Describe how activity progress and achievement of objectives will be monitored and reported, including the personnel responsible for monitoring and reporting. Include a statement on the frequency and method of federal reporting. (How will progress and achievement of your specific objectives be monitored and evaluated?) Describe how project evaluation will occur to determine whether goals are being met and Forest Action Plans are being fulfilled.
Vallejo plans to conduct multiple community meetings and monitor participant feedback by circulating surveys. We will also conduct outreach for the trainee program. We also plan to rely on the tried-and-true model based on the success of GVRD’s hiring program. The City of Vallejo will oversee GVRD’s process. Regarding training, the City plans to mimic the Student Conservation Association model. SCA provides young people with paid green jobs, including single-day service projects, seasonal work, and year -long internships or fellowships. We will constantly evaluate the trainees through the certified project managers' day-to-day interactions and following suggested trainee support classes.
Regarding project monitoring, t he location of the chosen project site is 1,500 feet from Vallejo City Hall in an area regularly traveled by staff making direct observation of the project site simple.
Assessment and evaluation will be achieved by staff review of plans, public review of design, and City Council as the property owner approval of a successful greening project. Still, Vallejo staff is committed to overseeing reporting pursuant to federal requirements. Vallejo Finance Staff has been identified to assist in reporting in addition to the Key Personnel listed above. Financial and progress reporting will be conducted semi-annually.
The City of Vallejo will have an internal grant administrator. Further, the City will hire a Project Manager who will work with the contractor and the grant administrator to deal with changing orders and invoicing. The Project Manager will ensure deliverables and monitor protocols and timelines. The Project Manager will regularly meet with contractors, partners, inspectors, and City Staff to evaluate and review progress. Th e Project Manager will provide the City engineer with frequent progress reports. They will also serve as an internal component for reporting to make grant deadlines. After the duration of the grant award, the City of Vallejo will manage the area in conjunction with GVRD.
11. BUDGET AND BUDGET NARRATIVE – Outline the federal grant amount, match amount, and leverage amount based on the specific work activities. If you have a match waiver, include the federal grant amount only. If applicable, identify the source of non-federal resources.
Provide sufficient detail so the Regional UCF Program Manager can determine the allowability of the expense: describe or display how the costs were derived for the activities described above (e.g., # hours at $ per hour; # acres at $ per acre, equipment costs, # and type of supplies at $ each, etc.) and the basis for cost estimates (e.g., historical costs, phone estimates, catalog price).
Personnel/salary costs must be adequately supported and documented in your records (e.g., time sheets, and personnel activity reports).
A suggested table format is provided below for inserting detailed budget information by each federal Object Class Category summarized in the SF-424A. Delete or add lines as needed to reflect work in this narrative. Following the suggested table format is an example of a completed table.
BUDGET NARRATIVE & JUSTIFICATION
Total Amount: $1,734,070
Personnel ($0)
No direct personnel will be hired under this grant.
Fringe Benefits ($0)
No direct personnel will be hired under this grant.
Contractual Services - ($1,245,570)
Green Maintenance Worker/Training: City will be partnering with outside agencies (i.e. Geater Vallejo Recreation District, the Student Conservation Association) to develop and deliver a Green Maintenance Worker/Training program. The program will provide training to local Vallejo residents in topics such as: forestry, landscaping, irrigation design and management, planting & maintenance of urban forests.
The resulting marketable skills learned will give underserved/underrepresented Vallejo residents a pathway into employment with entities such as: the City of Vallejo or other municipalities; the Greater Vallejo Recreation District (GVRD); private landscaping businesses or arborists; or potentially motivate them to continue pursuit of a career through educational opportunities at some of our local institutions.
We have estimated that the cost of providing this training will be $450,000 based on some preliminary discussions. Additional funding may allow for a larger cohort served.
Project Manager: Contractual services will be used to hire an outside project manager to oversee and manage the other contracts here. We plan to use this assistance for 4 years, which would require a transition from working with the contractors prepping the site and the installation of trees, etc., to working with our partner to ensure the success of the Green Maintenance/Working Training program. This may require utilizing one person in the early phase and transitioning to another later based on what they’re primarily overseeing. City staff will interact primarily with this PM on the overall project scope. ($250,000).
Preliminary Design Work: The City has initial designs for the park spaces being improved.
Those designs are not fully complete, as the scope of the original project has since changed with the inclusion of the partnership with the Yocha Dehe Winton Nation. ($30,000 to finalize design.)
Landscape Architect ($170,000): The City has a contract with Gates & Associates to provide this service. This work will convert the preliminary designs into specific, actionable designs for labor to place all trees and their required support to maximize their survivability while being aesthetically pleasing in the park space for the local residents and visitors.
Contractual services will be used for various as-needed services to research and ready the space and assist with work required to get the various needed permits and sign-off to work in this park space along the Bay. Included here: Land Surveyor ($20,000); Geotechnical Consult ($16,000).
Contractual services will be used to hire for Drainage Work ($100,000) to ensure proper drainage in the planting area. As this location is along the mouth of the Napa River that leads to San Pablo Bay, it is imperative that the project properly contain and manage run-off and drainage to ensure not only the health and safety of the trees, but protect Bay Area water quality.
Clearing/Grubbing Work ($35,000). Under contracted services, some limited clearing/grubbing will be required to prepare the site location for planting work.
Grading Work ($35,000). While relatively flat terrain, it is expected that some grading work may be required to maximize the drainage plan to keep control of run-off.
Contingency ($139,570): The City set aside a contingency (of a maximum of 15% of total contracted activities) for this project to cover unforeseen and unanticipated circumstances. Such examples could include: additional grubbing work required once soil sampling and site inspections are completed due to locating old root structures at the site, or other subterranean debris; additional soil testing to acquire requisite permits; general cost increases due to inflation in materials, contractor rates or wages.
Travel ($0)
Materials and Supplies ($488,500)
Irrigation improvements at the planting areas in Barbara Kondylis Waterfront Park ($40,000) and at Independence Park ($25,000).
Estimate for tree purchases for the two park zones – 24” Box Trees @ $900/unit * 115 trees ($103,500); 48” Box Trees @ $2,000/unit * 20 trees ($40,000). Trees have yet to be fully sourced for this project, and prices vary by vendor & variety.
Supportive local/regional tree-floor plantings to provide support for trees planted and drainage needs ($170,000); Mulch at planting zones @ 3” depth ($60,000).
Fencing ($40,000) is an expected need, as this is a public park area along the busy Vallejo Waterfront, abutting the busy passenger ferry terminal with service to/from San Francisco. Small fencing around tree-planted areas will ensure foot traffic does not damage the planted areas.
Signage ($10,000) is planned for the areas to provide education on the project; the types of trees and supportive plants; etc.
Other Expenses ($0)
‘Other Expenses’ are generally contained within the contracted items above.
Subaward ($0)
No subawards are included.
Indirect Costs ($0)
View Burden Statement
Application for Federal Assistance SF-424
* 1. Type of Submission: * 2. Type of Application: * If Revision, select appropriate letter(s):
0 Preapplication [gJ New I
[gj Application D Continuation * Other (Specify):
0 Changed/Corrected Application D Revision I
* 3. Date Received: 4. Applicant Identifier:
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5a. Federal Entity Identifier: 5b. Federal Award Identifier:
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State Use Only:
6. Date Received byState:I I 17. State Application Identifier:!
8. APPLICANT INFORMATION:
*a.Legal Name: I City of Vall ejo
• b. Employer/Taxpayer Identification Number (EIN/TIN): * c. UEI:
194 - 6000448 I IKJKSE S96KUN9 I
d. Address:
• Street1: 555 Santa Clara S t
Street2:
'City: Vallejo
County/Parish:
• State: CA: California
Province:
• Country: USA: UNITED STATES
•Zip / Postal Code: 9 4590-5922 I
e. Organizational Unit:
Department Name: Division Name:
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f. Name and contact information of person to be contacted on matters involving this application:
Prefix: Mr. I • First Name: Jason
Middle Name:
• Last Name: Ackley
Suffix:
Tille: !Assistant to the City Manager
Organizational Affiliation:
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*Telephone Number: 1 70 7-649-7712 I Fax Number: I
* Email: I j ason [email protected]
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0MB Number: 4040-0004
Expiration Date: 11/30/2025
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3/26/2024
24-DG-11052021-224
Application for Federal Assistance SF-424
16. Congressional Districts Of:
• a. Applicant 18th I • b. Program/Project lsth I
Attach an additional list of Program/Project Congressional Districts if needed.
I I I Add Attachment I r Delete Attachment I I View Attachment
17. Proposed Pro ject:
•a.Start Date: lupon Award I
18. Estimated Funding ($):
•a.Federal 1,734,070 . 00
• b. Applicant
• c. State
'd. Local
• e. Other
• f. Program Income
'g. TOTAL I 1,734,070.09
• 19. Is Application Subject to Review By State Under Executive Order 12372 Process? * b. End Date: l03/31/2029 I
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b. Program is subject to E.O. 12372 but has not been selected by the State for review.
C8J c. Program is not covered by E.O. 12372.
:tu. Is tne App11cant ue11nquent un Any i-eaeraI ueotf (IT "Yes, .. provIae expIanatIon m attacnment.J D
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SECTION A - BUDGET SUMMARY$BUDGET INFORMATION - Non-Construction ProgramsOMB Number: 4040-0006Expiration Date: 02/28/2025Grant Program Function or Activity(a)Catalog of Federal Domestic Assistance Number(b)Estimated Unobligated Funds New or Revised BudgetFederal(c)Non-Federal(d)Federal(e)Non-Federal(f)Total(g)
5. Totals4.3.2.1.$$$$
$$$$
Inflation Reduction Act - Urban and Community Forestry10.7271,734,070.000.001,734,070.00 1,734,070.000.001,734,070.00$ Standard Form 424A (Rev. 7- 97)Prescribed by OMB (Circular A -102) Page 1
SECTION B - BUDGET CATEGORIES
7. Program Incomed. Equipmente. Suppliesf. Contractualg. Constructionh. Otherj. Indirect Chargesk. TOTALS (sum of 6i and 6j)i. Total Direct Charges (sum of 6a-6h)(1) Authorized for Local ReproductionPrescribed by OMB (Circular A -102) Page 1AStandard Form 424A (Rev. 7- 97) GRANT PROGRAM, FUNCTION OR ACTIVITY(2) (3) (4) (5)Total6. Object Class Categoriesa. Personnelb. Fringe Benefitsc. TravelInflation Reduction Act - Urban and Community Forestry0.000.000.000.00488,500.001,245,570.001,734,070.001,734,070.000.000.000.000.00488,500.001,245,570.001,734,070.001,734,070.00$$$$$ $$$$$ $$$$$ $$ SECTION D - FORECASTED CASH NEEDS14. Non-FederalSECTION C - NON-FEDERAL RESOURCES(a) Grant Program (b) Applicant (d) Other Sources(c) State (e)TOTALS$$$$$$$$$$8.9.10.11.12. TOTAL (sum of lines 8-11)15. TOTAL (sum of lines 13 and 14)13. FederalTotal for 1st Year1st Quarter2nd Quarter 3rd Quarter4th QuarterInflation Reduction Act - Urban and Community Forestry0.000.000.000.00850,000.00850,000.00200,000.00200,000.00150,000.00150,000.00200,000.00200,000.00300,000.00300,000.00$$$$$$$$$FUTURE FUNDING PERIODS (YEARS)SECTION F - OTHER BUDGET INFORMATIONSECTION E - BUDGET ESTIMATES OF FEDERAL FUNDS NEEDED FOR BALANCE OF THE PROJECTAuthorized for Local Reproduction$$$$$$16.17.18.19.20. TOTAL (sum of lines 16 - 19)21. Direct Charges: 22. Indirect Charges:23. Remarks:(a) Grant Program (b)First (c) Second(d) Third(e) FourthInflation Reduction Act - Urban and Community Forestry01,734,070$$Standard Form 424A (Rev. 7- 97)Prescribed by OMB (Circular A -102) Page 2 Last updated by abc xyz on Sep 22, 2023 at 08:56:27 PM GMT CITY OF VALLEJO Grants Certifications Report
CITY OF VALLEJO
Unique Entity ID
KJKSES96KUN9
Certification Validity From:
Fri Aug 25 20:20:08 EDT 2023
Purpose of Registration
Federal Assistance Awards Only
CAGE/NCAGE
0CUG2
Certification Validity To:
Sat Aug 24 20:20:08 EDT 2024
n Financial Assistance General Certifications and Representations As the duly authorized representative of the City of Vallejo, I certify that City of Vallejo:
(1) Has the legal authority to apply for Federal assistance and the institutional, managerial and financial capability to ensure proper planning, management and completion of any financial assistance project covered by this Certifications and Representations document (See 2 C.F.R. § 200.113 Mandatory disclosures, 2 C.F.R. § 200.214 Suspension and debarment, OMB Guidance A- 129, "Policies for Federal Credit Programs and Non-Tax Receivables"); (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 (See 2 C.F.R. § 200.302 Financial Management and 2 C.F.R. § 200.303 Internal controls); (3) Will disclose in writing any potential conflict of interest to the Federal awarding agency or pass through entity in accordance with applicable Federal awarding agency policy (See 2 C.F.R. § 200.112 Conflict of interest); (4) Will comply with all limitations imposed by annual appropriations acts; (5) Will comply with the U.S. Constitution, all Federal laws, and relevant Executive guidance in promoting the freedom of speech and religious liberty in the administration of federally-funded programs (See 2 C.F.R. § 200.300 Statutory and national policy requirements and 2 C.F.R. § 200.303 Internal controls); (6) Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and public policies governing financial assistance awards and any Federal financial assistance project covered by this certification document, including but not limited to:
(a) Trafficking Victims Protection Act (TVPA) of 2000, as amended, 22 U.S.C. § 7104(g); (b) Drug Free Workplace, 41 U.S.C. § 8103;
(c) Protection from Reprisal of Disclosure of Certain Information, 41 U.S.C. § 4712; (d) National Environmental Policy Act of 1969, as amended, 42 U.S.C. § 4321 et seq.; (e) Universal Identifier and System for Award Management, 2 C.F.R part 25; (f) Reporting Subaward and Executive Compensation Information, 2 C.F.R. part 170; (g) OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. part 180; (h) Civil Actions for False Claims Act, 31 U.S.C. § 3730; (i) False Claims Act, 31 U.S.C. § 3729, 18 U.S.C. §§ 287 and 1001; (j) Program Fraud and Civil Remedies Act, 31 U.S.C. § 3801 et seq.; (k) Lobbying Disclosure Act of 1995, 2 U.S.C. § 1601 et seq.; (l) Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.; (m) Title VIII of the Civil Rights Act of 1968, 42 U.S.C. § 3601 et seq.; (n) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. § 1681 et seq.; (o) Section 504 of the Rehabilitation Act of 1973, as amended, 42 U.S.C. § 794; and. (p) Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq.
I have read each of the certifications and representations presented on this page. By submitting this certification, I, Calvin Cho, am attesting to the accuracy of the certifications and representations contained herein. I understand that I may be subject to criminal prosecution under Section 1001, Title 18 of the United States Code or civil liability under the False Claims Act if I misrepresent City of Vallejo by providing false, fictitious, or fraudulent information to the U.S. Government. (End of Provision)
DOWNLOADED ON Sep 22, 2023 AT 08:56:27 PM GMT Page 1 of 1
Award Administration Guide for Grantees
USDA Forest Service
Office of Grants & Agreements (OGA)
Access Branch
INFLATION REDUCTION ACT - URBAN AND COMMUNITY FORESTRY GRANT (U&CF)
This guide addresses high level and general components of grants administration process for recipients/grantees. For general assistance or inquiries on your IRA-UCF grants award, contact your local Grants & Agreements office or Access Branch, [email protected]
1 | Page
Table of Contents
Part I: Forest Service Awards .............................................................................................................................. 2 A. Grant Award Life Cycle .................................................................................................................................... 2 Notice of Award ............................................................................................................................................... 2 Composition of an FS Award ............................................................................................................................ 3 B. Grant Periods ................................................................................................................................................... 3 C. Domestic Grant & Cooperative Agreement Checklist ..................................................................................... 4 Part II: Grant Administration ..................................................................................................................................... 5 D. Terms and Definitions ...................................................................................................................................... 5 E. Monitoring Project Performance ...................................................................................................................... 7 Roles and Responsibilities............................................................................................................................... 7 Support under Continuing Grants..................................................................................................................... 8 F. Changes & Prior Approval ............................................................................................................................... 8 Budget Revisions ............................................................................................................................................. 8 Key Personnel ................................................................................................................................................. 8 Cost Sharing .................................................................................................................................................... 9 Reporting Requirements .................................................................................................................................. 9 Types of Reporting ........................................................................................................................................ 10 G. Grant Closeout ............................................................................................................................................... 11 H. Record Retention and Audit........................................................................................................................... 11 Part III - Financial Requirements and Payments .................................................................................................... 13 I. Payment Requirements ................................................................................................................................. 13 Requesting Payments .................................................................................................................................... 13 Payment Process ........................................................................................................................................... 14 Part IV: Grantee Standards ................................................................................................................................... 15 J. Financial Management Systems Standards .................................................................................................. 15 K. Property Management Standards .................................................................................................................. 15 L. Procurement Standards ................................................................................................................................. 16 Part V: Allowability of Costs .................................................................................................................................. 17 M. Basic Considerations ..................................................................................................................................... 17 Other Considerations ..................................................................................................................................... 18 N. Direct Costs ................................................................................................................................................... 19 Compensation - Personal Services ................................................................................................................ 19 O. Other Direct Costs .......................................................................................................................................... 20 P. Indirect Costs ................................................................................................................................................. 21 Part VI: Other Post Award Requirements and Considerations ............................................................................ 22 Q. Common Federal Statutes ............................................................................................................................. 22 R. Suspension and Termination Procedures ..................................................................................................... 23 S. Termination by Mutual Agreement ................................................................................................................. 24 Appendix ........................................................................................................................................................ 24 2 | Page
Part I: Forest Service Awards
The Award and Administration Guide provides general guidance to USDA Forest Service policies regarding the award and administration of domestic grants (DG) and Cooperative Agreements (CA), Commonly referred to as awards. Refer to 2 CFR § 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards as they apply to Forest Service financial instruments. This guide addresses both high level and general components of the grant administration process for recipients who apply for federal financial assistance through the USDA Forest Service. In instances where there is a discrepancy between this Award Administration Guide, or any previously mentioned statutory codes, the original Forest Service Handbook and Manual and Federal Regulatory Code maintains precedence.
CONTACT FOR FURTHER INFORMATION
For general questions related to this Forest Service Award Administration Guide, please contact the following shared inbox: [email protected]. For inquires specific to a Forest Service Award, contact the Grants and Agreements Specialist listed in the Award Notification package.
A. Grant Award Life Cycle
In general, once the Federal agency completes the application review process, the Award phase begins. The final award decisions rest solely in the hands of the federal agency staff with fiduciary responsibility and legal authority to enter into a binding instrument, i.e., domestic grants (DG) and Cooperative Agreements (CA). Federal staff review and make award recommendations based on the programmatic and financial reviews of the applications.
These recommendations are reviewed within a series of levels to ensure compliance with all prescribed regulatory language.
Notice of Award
Once the final award decision is made, the awarding agency sends the notification to the entities selected for funding. The award package specifies key factors such as the award amount, performance measures, reporting requirements, etc. It is considered the formal, legally binding document. When you or your organization accepts the award (i.e., by signing the award package) you become legally obligated to carry out the full terms and conditions of the award or known as a grant or an agreement instrument. As an award recipient, you are also subject to federal statutory and regulatory requirements as outlined in the agreement.
Awardees are free to accept or reject the grant or cooperative agreement as awarded. The FS recognizes a recipient’s formal acceptance of the award upon the recipient’s provision of a signature on the award package. If an awardee chooses not to accept an award, the award form does not need to be signed; however, as a courtesy, a documented notification should be sent to the recipient’s FS staff such Grants Management Specialist (GMS) and Program Manager (PM) informing them of the withdraw.
Award: After the review of all applications, the awarding agency makes award determination and sends out notifications of award.
Post Award (Award Adminstration): This phase begins with a successful applicant, known as grantee, awardee or recipient. This phase consist of grant implementation, monitoring and reporting. This guide primarily address this phase.
Close Out: Closeout is when the grant process ends. In order to complete a closeout, award recipient, must submit the final financial and programmatic reports for Program Managers and other FS staff to review.
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Composition of a FS Award
Composition of a FS award includes:
• A ward Notice: In most instances, FS transmits award notices to organizations via e-mail.
• Administrative Federal Award Requirements ( 2 CFR Chapter II )
• the budget, which indicates the amounts, by categories of expense, and any other requirements.
• any FS general conditions referenced in the award;
• the proposal referenced in the award;
• any FS program announcement, or other documents or special requirements incorporated in the award.
B. Grant Periods
Apart from fixed amount awards, a FS grant gives authority to the grantee to commit and expend funds for allowable costs in support of the project, up to the amount specified in the grant. This action can be performed at any time during the grant period. Expenditures may not be charged prior to the start date without prior approval from a program manager.
All funding agreements will be for a period of 5 years. All activities and expenses must be completed within 5 years of award. Funding agreements will not be extended beyond 5years.
Grantees will be expected to implement and demonstrate measurable progress within twelve ( 12) months of award.
Definitions
Execution Date or Award Date is the date of last signature on Forest Service Award.
Start Date- is the date specified in the grant notice on or after which, except for fixed amount awards, expenditures may be charged to the grant. Typically, the start date is the same as the execution date, however, there could in instances where the start date is after the execution (but should not be before, unless there is approval from an authorized FS personnel (i.e., Partnership Coordinator, Program Manager, Grants Management Specialist).
End Date- is the date specified in the grant notice after which expenditures may not be charged against the grant except to satisfy obligations to pay allowable project costs committed on or before that date.
Grant Period or Period of Performance- is the period between the start date and the end date of a Forest Service grant shown as the duration.
Budget Period- the period of time that a grantee can incur expenses. This time generally occurs during a period of performance but may be different based on the structure of your award. Please consult your Partnership Coordinator, Program Manager or Grants Management Specialist if you have questions.
Changes in a Grant Period
Once an award is made, the start date cannot be changed. However, grantees have the authority to incur pre - award costs by written approval from a Program Manager. The end date may be changed with an approved request for continued support, a no-cost grant extension, or with approval of a request for supplemental support.
When appropriate, the FS Grants Management Specialist will issue an amendment to the grant.
No-cost extension requests should be routed to the appropriate FS official (i.e., PM, GMS) for review and approval.
The final approval will come from the FS Grants & Agreements Specialist. If a request is approved, there will be amendment to the grant specifying a new end date.
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Grantees are cautioned not to make new commitments or incur new expenditures after the end date of the approved budget period.
The request must explain the need for the extension and include an estimate of the unobligated funds remaining and a plan for their use. Unobligated funds that remain at the end of the grant is not in itself sufficient justification for an extension. The plan must adhere to the previously approved objectives of the project.
C. Domestic Grant & Cooperative Agreement Checklist
FORM NUMBER FORM TITLE REQUIREMENT TO USE
SF-424 Application for Federal Assistance Always required.
SF-424A Budget Information – Non-Construction
Programs
Required for non-construction
projects.
SF-424B Assurances – Non-Construction Programs Required for non-construction projects.
Project Narrative Detailed description of project activities. Always required.
Expanded/Detailed
Project Budget Detailed Budget - Optional format is available Always required.
AD-1047 Certification Regarding Debarment, Suspension,
and Other Responsibility Matters Always required.
AD-1048
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion – Lower Tier
Covered Transactions
Require when a contractual line is
included in the budget. ONLY for
use with a subrecipient. The
recipient keeps the form in their
records and does not submit to the
Forest Service.
AD-1049 Certification Regarding Drug-Free Workplace
Requirements
Required for all new packages,
except for individuals and State
governments.
AD-1052 Certification Regarding Drug-Free Workplace
Requirements, State and State Agencies
Required for all new packages that
are with State agencies.
AD-3030
Representations Regarding Felony Conviction
And Tax Delinquent Status For Corporate
Applicants
Required for profit or non-profit
entity that has filed articles of
incorporation.
SF-LLL Certification Regarding Lobbying
Disclosure of Lobbying Activities
This may be required when an
award exceeds $100,000.
NICRA Negotiated Indirect Cost Rate Agreement
Required if Grantee/Cooperator is
asking for reimbursement of
indirect costs and not using the Di
Minimus rate of 10%.
D. Pass Through Funding (Sub-Awards)
Section D applies only to Pass-Through Funding Entities selected to administer a national, regional, or sub-regional level competitive sub-award program. Pass Through Funding Entities greatly expand the capacity of the USDA Forest Service to expedite funding to small community-based organizations and other administratively and technically burdened partners serving disadvantaged communities.
F
unding to Pass-Through Entities will be executed through a grant, or a cooperative agreement with substantial Forest Service involvement, at the full discretion of the USDA Forest Service.
Pass-Through Funding Entities with national sub-award portfolios will be managed through the Urban and Community Forestry Program in the Washington Office, and will be comprised of :
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1) A suite of pre-selected applications submitted through the USDA Forest Service Urban and Community Forestry IRA NOFO grant portal that are below the minimum funding threshold for direct award by the USDA Forest Service; and
2) Applications competitively awarded directly by the Pass-Through Funding Entity.
All national, regional and sub-regional Pass Through Funding Entities administering a competitive sub award program must comply with the following requirements:
1. Competitively subaward a minimum of 80% of funding to community-based organizations, or other partners serving disadvantaged communities.
2. Design an equal opportunity competitive project application submission and evaluation process that alleviates burden, including but not limited to technical and administrative burden, on small, capacity - constrained applicants.
3. Develop outreach efforts and plans to reach all underserved or disadvantaged communities, especially urban communities, tribal governments and indigenous communities, youth, and public minority land grant institutions, for awareness of the availability of sub-award funding.
4. Develop a sub-award process that ensures efficient and effective fund dispersal and completion of sub- awardee projects within a 1year period. All sub-awardee projects must be completed within the five-year, Pass-Through Entity grant performance period.
5. Create an efficient progress and financial tracking and accomplishment reporting system for Urban and Community Forestry IRA sub-award projects.
6. Manage the application in-take processes, evaluations, subawards process, project risk through ongoing monitoring, and project tracking and reporting for communities. Subawards to communities will not be individually approved by the Forest Service. Submit timely financial and progress reports and success stories (brief project description and outcomes, with project photographs and recipient testimonials where feasible) with the USDA Forest Service.
7. Assist sub-awardee with development and distribution of communications and promotional materials that support the funded program of work and reflect IRA as the source of funding.
Part II: Grant Administration
The post award phase comprises a significant amount of work over the duration of the award dates, which includes implementing the grant, reporting progress, and completing the closeout requirements. The federal agency that makes the award to you is also there to assist and ensure you or your organization complies with the grant terms and conditions.
E. Terms and Definitions
Advance Payment - means a payment that FS makes by any appropriate payment mechanism, including a predetermined payment schedule, before the grantee disburses the funds for program. purposes.
Cognizant - Having a legal awareness or jurisdiction over an award. This is usually a FS employee, such as, a Grants Management Specialist or Program Manager.
Community Based Organization - means a public or nonprofit organization that supports and/or represents a community and/or certain populations within a community through engagement, education, and other related services provided to individual community residents and community stakeholders. A “community” can be characterized by a particular geographic area and/or by the relationships among members with similar interests and can be characterized as part of a broader national or regional community where organizations can be focused on the needs of urban, rural and/or tribal areas, and other similar groups.
Cooperative Agreement - Cooperative agreement means a legal instrument of financial assistance between a 6 | Page
Federal awarding agency and a recipient or a pass-through entity and a subrecipient that, consistent with 31 U.S.C. 6302–6305:
(1) Is used to enter into a relationship the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3) ); and not to acquire property or services for the Federal Government or pass-through entity's direct benefit or use; (2) Is distinguished from a grant in that it provides for substantial involvement of the Federal awarding agency in carrying out the activity contemplated by the Federal award. (3) The term does not include:
(i) A cooperative research and development agreement as defined in 15 U.S.C. 3710a; or (ii) An agreement that provides only:
(A) Direct United States Government cash assistance to an individual; (B) A subsidy;
(C) A loan;
(D) A loan guarantee; or
(E) Insurance.
Disbursements/Outlays/Expenditures – means charges made by the grantee to a project or program for which an FS award was received.
Domestic Grant Agreement - Grant agreement means a legal instrument of financial assistance between a Federal awarding agency or pass-through entity and a non-Federal entity that, consistent with 31 U.S.C. 6302 ,
6304:
(1) Is used to enter into a relationship the principal purpose of which is to transfer anything of value to carry out a public purpose authorized by a law of the United States (see 31 U.S.C. 6101(3) ); and not to acquire property or services for the Federal awarding agency or pass-through entity's direct benefit or use; (2) Is distinguished from a cooperative agreement in that it does not provide for substantial involvement of the Federal awarding agency in carrying out the activity contemplated by the Federal award. (3) Does not include an agreement that provides only:
(i) Direct United States Government cash assistance to an individual; (ii) A subsidy;
(iii) A loan;
(vi) A loan guarantee; or
(v) Insurance.
Grantee - means the organization or other entity that receives a grant and assumes legal and financial responsibility and accountability both for the awarded funds and for the performance of the grant-supported activity. FS grants are normally made to organizations rather than to individual Principal Investigator/Project Director(s). Categories of eligible proposers may be found in GPG Chapter I.E.
Obligations – means funds authorized by an FS Signatory Official for a specific FS award creating a balance payable to a grantee.
Grantee Obligations – means orders placed for property and services, contracts and subawards made, and similar transactions during a given period that require payment by the grantee during the same or a future period.
Instrument - a means by which something is affected or done. A legal document or policy giving agency to a partner or grantee.
Payments – means the funds transferred from FS to the grantee by electronic funds transfer (Automated Clearing House (ACH)) and on some rare occasions by check or by wire for same day electronic funds transfer or international payments.
Pass-through entity (PTE) – means a non-Federal entity that provides a subaward to a subrecipient to carry out part of a Federal program.
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Unliquidated Obligations – for grantee financial reports prepared on a cash basis, means obligations incurred by the grantee that have not been paid (liquidated). For grantee reports prepared on an accrual expenditure basis, means obligations incurred by the grantee for which an expenditure has not been recorded.
Unobligated Balance – means the amount of funds under an FS award that the grantee has not obligated. The amount is computed by subtracting the cumulative amount of the grantee’s unliquidated obligations and expenditures of funds under the FS award from the cumulative amount of the funds that FS has authorized the grantee to obligate.
Sub-Award - an award provided by a pass-through entity to a subrecipient for the subrecipient to carry out part of a Federal award received by the pass-through entity. It does not include payments to contractor or payments to an individual that is a beneficiary of a Federal program. A subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract.
Subrecipient - an entity, usually but not limited to non-Federal entities, that receives a subaward from a pass- through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency.
Program Income - means gross income earned by the grantee that is directly generated by a supported activity or earned as a result of the grant during the period of performance. Program income includes, but is not limited to, income from fees for services performed, the use of rental or real or personal property acquired under the grant, the sale of commodities or items fabricated under the grant, license fees and royalties on patents and copyrights, and principal and interest on loans made with grant funds. Interest earned on advances of Federal funds is not program income. Except as otherwise provided in Federal statutes, regulations, or the terms and conditions of the grant, program income does not include rebates, credits, discounts, and interest earned on any of them.
Suspension - means an action by FS that temporarily withholds Federal support of a project pending corrective action by the grantee or a decision by FS to terminate the grant.
Termination - means the ending of the FS award, in whole or in part at any time prior to the planned end of the period of performance.
F. Monitoring Project Performance
Roles and Responsibilities
Grantees: Domestic Grant Award grantee has full responsibility for the conduct of the project or activity supported under an FS grant and for the results achieved. A Cooperative Agreement is distinguished from a domestic grant in that it provides for substantial involvement of the Federal awarding agency in carrying out the activity contemplated by the Federal award. Regardless of award type, all grantees should monitor the performance of the project to assure adherence to performance goals, time schedules or other requirements as appropriate to the project or the terms and conditions of the grant. To carry out these responsibilities, each grantee organization shall agree to comply with the applicable Federal requirements for grants and to the prudent management of a ll expenditures and actions affecting the grant. Documentation for each expenditure or action affecting the grant shall reflect appropriate organizational reviews or approvals, which should be made in advance of the action.
Organizational reviews are intended to help assure that expenditures are allowable, necessary, and reasonable for the conduct of the project, and that the proposed action:
• is consistent with grant terms and conditions;
• is consistent with FS and grantee policies;
• represents effective utilization of resources; and
• does not constitute changes in objectives or scope.
Forest Service Program Managers (PM): A PM may conduct a review on behalf of the agency. They can review project accomplishments, grantee management control systems and administration and management of the grant and to provide technical assistance as may be required. If any site visit is made by the FS on the premises of the 8 | Page
grantee or a subrecipient under a grant, the grantee shall provide and shall require its subrecipients to provide all reasonable facilities and assistance for the safety and convenience of the FS representatives. PMs are generally responsible with the following:
• Monitoring of financial and performance standards
• Evaluating project data to ensure compliance with the grant agreement. • Completing desk audits or site visits as needed.
• Reviewing invoices (SF-270) for accuracy and approval of payments • Monitoring financial capability
• M aintain an ongoing, periodic assessment of current and cumulative project activities for all their grants and agreements.
Grants Management Specialist (GMS):
• A ssist the PM as needed to provide direction regarding equipment justification, purchase, reporting, and disposition.
• Ensuring that any required forms are completed and placed in the official files. • Upon disposition of equipment, the GMS follow the collection process through to completion in financial systems.
Notwithstanding these responsibilities, FS continues to encourage communication between grantees, PMs, and GMS on the progress of projects supported by FS as well as on project changes.
Support under Continuing Grants
Unless otherwise provided for in the original grant notice, each increment of a continuing grant will be funded at the level indicated in the original award notice without a formal request, subject to FS’s judgment of satisfactory progress, availability of funds, and receipt and approval of the required annual report. FS makes every attempt to honor continuing grant commitments.
G. Changes & Prior Approval
Budget Revisions
FS understands the need for flexibility in adhering to the proposal budget and allow for changes in various line items, provided such changes do not affect the scope of work. This means that actual expenditures in many budget categories may vary from the original proposal. However, there may be limitations on shifts into or out of certain expense categories; may not allow any single expense category to be “overdrawn;” or may limit the budget changes to a certain dollar amount or percentage. Because rebudgeting is could be a key or significant change, prior approval may be needed. Prior approval should generally be requested in the following instances:
• If the rebudgeting will involve moving substantial sums into or out of a budget category • If the rebudgeting will result in a change in the scope of work regardless of the dollar amount being re- budgeted.
• .
• Scope
• Significant changes from what was originally proposed and approved always require notification and/or approval from the appropriate FS official (i.e., PM, GMS). Grantees are advised to contact appropriate FS official as soon as possible in the following situations: changes in objectives or scope, changes in methodology, and significant changes, delays or events of unusual interest.
The request must be signed and submitted, and FS authorization will be indicated by an amendment to the grant signed by the GMS. The grant terms and conditions will identify which articles flow -down to subrecipients.
Key Personnel
Grantee must request approval for a change in Key Personnel identified in the grant award. The regulation defines 9 | Page
a change in Key Personnel as the replacement or change in status (such as an absence for any continuous period of 3 months or more, or a significant reduction of time devoted to the from the level in the approved application.
Cost Sharing
Most Forest Service awards of Federal Financial Assistance require a cost share or match. The terms are used interchangeably. Cost sharing or matching means the portion of project costs not paid by Federal funds. Match may be comprised of an organization’s cost for salary, travel, materials and supplies, and even indirect costs.
Match can be contributed through employees paid by another non-Federal organization or volunteers working to accomplish the project. Cost sharing or matching is addressed in detail in the OMB grant regulations in 2 CFR
200, specifically §200.306 goes into detail about the requirements for match.
There are two kinds of matching/cost-share: cash and third-party in-kind. Cash includes cash spent for project- related costs. The allowable cash match must include costs that are necessary, reasonable, and allowable (further explained below) under the federal program.
Matching and cost share funds have the same restrictions as federal funds. These funds must follow the same allowable and unallowable guidelines in their federal award. If, for example, a conference is unallowable under the grant award that has matching requirements, then grantees would not be able to use the matching funds instead.
The expense must be allowable with federal funds for it to be allowable with matching or cost share funds.
Third Party In-Kind includes, but is not limited to, the valuation of non-cash contributions provided by a third party.
An in-kind match may be in the form of services, supplies, real property, and equipment. The value of the service may be used for the matching requirements, if the services are necessary, reasonable, and allowable under that federal program. Grantees are allowed to use unrecovered indirect costs for matching or cost sharing requirements; however, this requires prior approval. Third-party in-kind matching—such as supplies, equipment, or space—the value must not exceed the fair market value at the time of the donation.
Grantees are required to maintain records, which clearly show the source, amount, and timing for all matched contributions. While grantees are not required to submit their supporting documentation to the FS, their records must be available in the event of an audit or site visit.
Match Waiver: Any Non-Federal cost-share requirement otherwise applicable to projects carried out under this section may be waived at the discretion of the Secretary. Match may be waived for proposals that deliver 100 percent of the funding/program benefits to disadvantaged communities.
All work must be tracked at the level that designates disadvantaged communities . Applicants receiving match waiver approval that pass-through funding (sub-award) for work in disadvantaged communities must pass the match waiver to sub-awardees performing the work.
While the pace of federal expenditures and cost sharing/matching may vary throughout the award period, the agency will actively monitor expenditure rates and cost sharing/matching levels as it receives payment requests to ensure the total cost sharing/matching requirement is met by the award period of performance end date. Additional details about cost sharing or matching funds/contributions are located at 2 CFR 200.306.
Reporting Requirements
The Forest Service requires project reports for all assistance awards through various programmatic and financial reporting procedures. These reports also provide FS program officials with information on the progress of supported projects and the way these funds are used, maintain transparency, and prevent fraud and abuse.
Information in these reports may be made available to the general public through the Freedom of Information Act (FOIA).
The USDA Forest Service typically has a Grant Management Specialist and a Program Manager assigned to each grant, both of which will maintain throughout the life of the grant. Both will administer the grant including reviewing reports, conducting site visits and ensure performance objectives are met. Grantees are encouraged to build an open line of communication with these staff members to be proactive, clarify grant terms or expectations, thus 10 | Page
preventing performance issues down the line.
Types of Reporting
Financial Reporting:
Standard Form SF-425 must be used for financial reporting.
The submission of an interim SF-425 must be submitted on a semi-annual basis. A final SF-425 must be submitted at the completion of the award. The following reporting period end dates will be used: 6/30 and 12/31. For final SF-425s, the reporting period end date must be the end date of the project or grant period (see table below) Semi-annual interim reports must be submitted no later than 30 days after the end of each reporting period. . Final reports will be submitted no later than 120 days after the project or grant period end date.
Performance Reporting:
Optional Project Performance Report, FS-1500-23, may be used for Federal Financial assistance progress reporting. Alternatively, the recipient may utilize reporting templates provided by the Regional Grants and Agreement Office, or the recipient’s own reporting format to fulfill the progress reporting requirement of the agreement provided the information includes:
• Recipient’s name
• Federal Identifier Number
• Reporting period
• Written, narrative summary of project progress including quantitative and qualitative data and success stories, photos, etc. that illustrate performance progress,
Reporting Frequency
For Federal financial assistance, monitoring and reporting program performance requires that recipients provide a performance report of the project no less frequent than annually and no more frequent than quarterly . Semi- annual financial and performance reports are required for IRA grants: Financial and Progress reports will be submitted for the periods ending June 30 and December 31. Reports are due 30 days from the period end. Timely submittal of financial and performance reports for each grant as indicated in your award agreement will be required.
Performance reports should highlight direct quantitative and qualitative investment activities and outcomes and include success stories and photographs that illustrate these. If a justified request is submitted by a recipient, the Program Manager may extend the due date for any performance report.
The FS Program Manager should ensure that all required performance reports are received from the performing entity. If the recipient fails to provide a performance report, or performance report reveal significantly delays or problems, FS may be required to take additional action, such as taking steps to obtain additional information, suspend the grant, or withhold payments until the required reports are obtained.
Report Due Form Required Frequency Due Date
Advance/Reimbursement Request SF-270 Monthly-Quarterly
Financial Report SF-425 Semi-annually 7/30 & 1/30
Performance Report Not specified or
optional FS-1500-23
Semi-annually 7/30 & 1/30
Final Report SF-425 Once per grant
period
120 days after
Period of
Performance Ends
Final Performance Report
The Final Performance Report should address progress in all activities of the project. This report is cumulative; it is the final report of the project and covers the entire grant period.. You may send a Final Performance Report to 11 | Page
your program monitor for review before officially submitting it. Unless otherwise specified in the award, the final performance report should be submitted electronically no later than 120 days following expiration of the grant. The report becomes overdue the day after the 120-day period ends.
Final Financial Report
A Federal Financial Report, SF-425, is due at the above schedule per the award. We recommend that grant match is documented in each financial report. The Final Financial Report should cover the entire grant period. Unless otherwise specified in the award, the Final Financial Report should be submitted electronically no later than 120 days following expiration of the grant. The report becomes overdue the day after the 120-day period ends.
In addition, the grantee also shall provide to the cognizant FS Program Officer, within 120 days following the expiration of the grant:
• any unique reports or other end items specified in the award, including any reporting requirements set forth in any FS brochure, guide, solicitation, etc., referenced in the award as being directly related to either the award or the administration of the award.
• a final cost share notification documented for awards where there is mandatory cost sharing established for the program.
H. Grant Closeout
Grant closeout is the process by which FS determines that all applicable administrative actions and all required work of the grant have been completed. The close out amount will be based on the costs recorded at that time. In the event a final audit has not been performed prior to the closeout of the grant, FS reserves the right to recover appropriate amounts after fully considering the recommendations on disallowed costs resulting from the final audit.
Grantee shall, no later than 120 calendar days after the end date of the period of performance (Grant Expiration), all financial, performance, and other reports as required by the terms and conditions of the Federal award. A subrecipient must submit to the pass-through entity, no later than 90 calendar days (or an earlier date as agreed upon by the pass-through entity and subrecipient) after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award. The Federal awarding agency or pass-through entity may approve extensions when requested and justified by the non-Federal entity, as applicable.
In addition, grantee must promptly refund any balances of unobligated cash that the Federal awarding agency or pass-through entity paid in advance or paid and that are not authorized to be retained by the non- Federal entity for use in other projects. See OMB Circular A-129 and see § 200.346, for requirements regarding unreturned amounts that become delinquent debts.
Grantee must account for any real and personal property acquired with Federal funds or received from the Federal Government in accordance with 2 CFR 200 Subpart D
.
I. Record Retention and Audit
Per 2 CFR § 200.334, Financial records, supporting documents, statistical records, and all other non- Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report or, for Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the Federal awarding agency or pass-through entity in the case of a subrecipient. Federal awarding agencies and pass-through entities must not impose any other record retention requirements upon non-Federal entities. The only exceptions are the following:
(a) If any litigation, claim, or audit is started before the expiration of the 3-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken.
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(b) When the non-Federal entity is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass -through entity to extend the retention period.
(c) Records for real property and equipment acquired with Federal funds must be retained for 3 years after final disposition.
(d) When records are transferred to or maintained by the Federal awarding agency or pass -through entity, the 3-year retention requirement is not applicable to the non-Federal entity.
(e) Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from t he end of the non-Federal entity's fiscal year in which the program income is earned.
(f) Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates).
(1) If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the Federal Government (or to the pass-through entity) to form the basis for negotiation of the rate, then the 3- year retention period for its supporting records starts from the date of such submission.
(2) If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the Federal Government (or to the pass-through entity) for negotiation purposes, then the 3- year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. 13 | Page
Part III - Financial Requirements and Payments
The acceptance of an award from FS creates a legal duty on the part of the grantee organization to use the funds or property made available in accordance with the terms and conditions of the award. Payments may be made in advance of work performed or as a reimbursement for work performed and/or costs incurred by the grantee.
Payments, however, may not be made in advance of an award being signed by an FS Grants & Agreements Specialist for the project period.
FS has a reversionary interest in the unused balance of advance payments, in any funds improperly applied (whether or not received as an advance payment), and in property acquired through the award, to which FS specifically either retains title or reserves the right to require title transfer.
Requests for payment must be submitted on Standard Form 270 (SF-270), Request for Advance or Reimbursement, and must be submitted no more than monthly. To approve a Request for Advance Payment or Reimbursement, the Forest Service shall review such requests to ensure advances or payments for reimbursement are in compliance and otherwise consistent with OMB, USDA, and Forest Service regulations.
Advance payments must not exceed the minimum amount needed or no more than is needed for a 30- day period, whichever is less. If the Recipient receives an advance payment and subsequently requests an advance or reimbursement payment, then the request must clearly demonstrate that the previously advanced funds have been fully expended before the Forest Service can approve the request for payment. Any funds advanced, but not spent, upon expiration of this award must be returned to the Forest Service. The Program Manager reserves the right to request additional information prior to approving a payment.
FS grantees are required to have financial management systems that meet the requirements of 2 CFR § 200.302 .
J. Payment Requirements
Requesting Payments
The standard form 270 invoice is required payment of grant funds. This form is to be completed at least quarterly and no more than monthly. Invoices can be sent to your program manager through the Albuquerque Service Center (ASC).
EMAIL (preferred): [email protected]
FAX: 877-687-4894
POSTAL: Albuquerque Service Center
Payments – Grants & Agreements
101B Sun Ave NE
Albuquerque, NM 87109
14 | Page
Payment Process
Request for Advance
Grantees may submit requests for payments either quarterly or monthly and are authorized to receive payments from FS in advance of costs incurred provided that the following conditions exist:
• Funds for the project period have been obligated by a Grants & Agreements Specialist in the form of an electronically signed grant;
• The grantee has established written procedures that will minimize the time elapsing between the transfer of funds from the US Treasury and their disbursement by the grantee; and
• The grantee’s financial management system meets the standards for fund control and accountability prescribed in 2 CFR § 200.302.
• Grantees shall maintain advances of FS funds in interest bearing accounts as specified in the award.
Grantee Banking Information for Payments
The System for Award Management (SAM) is the FS system of record for organizational financial information.
Once a grant is awarded, failure to maintain current and complete financial information within SAM could prevent the grantee from receiving funds.
Final Unobligated Balance
FS has a reversionary interest in the unobligated balance of an award upon the end date or completion of the award. Based on final payment amounts submitted; the final unobligated balance will be computed by FS and deobligated from the award amount.
Erroneous Payments
Advances or reimbursements made in error must be refunded to the FS.
Other Cost Credits
Purchase discounts, rebates, allowances, credits resulting from overhead rate adjustments and other credits relating to any allowable cost received by or accruing to the grantee shall be credited against FS award costs if the award has not been financially closed out.
Complete SF-270 Invoice
• Submitted
monthly/quarterly
• requested fund must not
exceed the obligated
amount.
Submit to Albuquerque
Service Center (ASC).
• Email:
• [email protected]
• Fax: 877-687-4894
• Mail
Payment Approval
• Payment is approved!
• Payment is rejected and
recipient is notified.
Payment is Sent
• ASC sends pymt to grantee
organization.
• Payment is received via
direct deposit.
• Contact the Program
Manage regarding any
payment issues.
15 | Page
Part IV: Grantee Standards
2 CFR § 200 prescribes three separate sets of standards related to the financial and program management of Federal grants, each governing a different area: financial management, property management, and procurement management.
K. Financial Management Systems Standards
Recipients are required to meet the standards and requirements for financial management systems set forth or referenced in 2 CFR Part 200.302, as applicable. The standards and requirements for a financial management system are essential to the grant relationship.
Recipients must have in place accounting and internal control systems that provide for appropriate monitoring of grant accounts to ensure that obligations and expenditures are reasonable, allocable, and allowable. Internal controls in accounting are procedures that are put in place within an organization to ensure business is carried out in an orderly, effective, and accurate manner. In addition, the systems must be able to identify large unobl igated balances, accelerated expenditures, inappropriate cost transfers, and other inappropriate obligation and expenditure of funds.
L. Property Management Standards
2 CFR §§ 200.310-316 pr escribe standards for managing and disposing of property furnished by the Federal government or whose cost was charged to a project supported by a Federal grant. In the rare instances where FS grants involve the acquisition of real property, the real property standards of 2 CFR § 200.311 ar e applicable to such FS grants.. The title to materials developed and supplies purchased under an FS grant will vest in the grantee. State governments will use, manage, and dispose of equipment acquired under a grant in accordance with state laws and procedures as specified in.
Equipment
Equipment purchases are rarely approved and will be reviewed prior to grant award. Equipment rental or short - term leasing contracts within the grant period should be considered as an alternative. Equipment is defined as an article of nonexpendable, tangible personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per unit.
Equipment can only be purchased with Federal funds with written approval of Federal Awarding agency ( 2 CFR 200.439). Instructions for how to handle equipment purchased can be found in 2 CFR 200.313 . In addition, review the award carefully to address any additional equipment requirements. Below is a synopsis to give you a broad understanding, it is recommended to carefully review the entire equipment section referenced in 2 CFR 200.
• Mus
t get written prior approval to purchase
• The Title will Vest upon acquisition with the Non-Federal entity • The equipment must be properly used and disposed of.
• Equipment must be used in the program or project for which it was acquired. • Very Detailed records must be kept of the Equipment and damage, or loss must be investigated. • Must be maintained
• When no longer needed the equipment must be disposed of according to awarding agency.
General Purpose Equipment
Expenditures for general purpose equipment are typically not available for support.
Equipment Usage
The equipment must remain in use for the specific project for which it was obtained in accordance with 2 CFR § 200.313 unless the provision in 2 CFR § 200.313(c)(4) applies.
16 | Page
Equipment Sharing
The equipment must be shared on other projects or programs in accordance with 2 CFR § 200.313(c)(1).
Property Management Standards
The grantee shall maintain a property management system which, at a minimum, meets the requirements of 2 CFR § 200.313(d).
Competition
In accordance with 2 CFR § 200.313(c)(3), grantees shall not use equipment acquired with Federal funds to provide services to non-Federal outside organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by statute, for as long as the Federal Government retains an interest in the equipment.
Right to Transfer Title
In accordance with 2 CFR § 200.313(e), FS may identify items of equipment having a unit acquisition cost of $5,000 or more where FS reserves the right to transfer the title to the Federal government or to a third party named by the Federal government.
In such cases where FS elects to transfer the title, disposition instructions will be issued no later than 120 days after the end date of the FS-supported project for which it was acquired.
Property Management Standards When Title Retained by FS In the event that title to equipment or property is vested in the Federal Government, such property shall be marked, tagged or segregated in such a manner as to indicate clearly its ownership by the government. Unless otherwise provided in the grant, such government property shall be used only for the performance of the project.
The grantee shall submit an annual inventory report by FS grant number of such property having an original acquisition cost of $5,000 or more.
M. Procurement Standards
Recipients may acquire a variety of goods or services in connection with a grant -supported project, ranging from those that are routinely purchased goods or services to those that involve substantive programmatic work. States may follow the same policies and procedures they use for procurements from non- Federal funds and ensure that every purchase order or other contract includes any clauses required by 2 CFR Part 200.327 . All other recipients must follow the requirements in 2 CFR Part 200.317 through 200.327 and the purchase of goods or services through contracts under grants, as applicable.
17 | Page
Part V: Allowability of Costs
Uniform Guidance is a government-wide framework for grants management. It is an authoritative set of rules and requirements for Federal awards, including post-award administration. Code of Federal Regulations (CFR) – Chapter II, Part 200 covers Grants and Agreements. You will see Subpart A-F ; Subpart E addresses cost principles that might be beneficial to review while administering your grant.
N. Basic Considerations
Allowable
The cost must be allowable under 2 CFR 200 Section E – C ost Principles. Keep in mind that for a cost to be considered allowable, it must also be included in the approved budget/budget breakdown for the grant. This means that the program manager is knowledgeable about the cost and approves. Costs expressly unallowable or mutually agreed to be unallowable should be identified and excluded from any billing, claim, application, or proposal related to the award. Inclusion of an unallowable cost in a proposal does not make the cost allowable.
Adding a justification to an unallowable cost in a proposal also does not make the cost allowable.
Allocable
The cost must be able to be properly allocated to the grant. Is this a portion of a larger cost incurred to the recipient organization? Does it benefit the Award and/or other funding sources? Can it be distributed to all benefited funding sources using reasonable methods? Does the basis for allocating the cost represent a reasonable estimation of the benefit provided to the Award objectives? There must be a methodology in place to demonstrated how the costs were allocated to the grant and other cost centers of the recipient. Proper allocation of costs that benefit the entire operation of the recipient is usually accomplished through an indirect rate (NICRA or de minimis).
Reasonable
A cost is considered reasonable if the nature of the goods or services, and the price paid for the goods or services, reflects the action that a prudent person would have taken given the prevailing circumstances at the time the decision to incur the cost was made. To determine if a cost is reasonable, ask the following questions:
Is the cost necessary for the performance of the award? Does incurring this cost violate the restraints or requirements imposed by federal and state laws and regulations, or the award’s terms and conditions?
Is the price of the goods or services comparable from multiple vendors/sources that have no vested interest or relationship to the award or to the person involved in the purchase? Have the individuals incurring this cost acted with due prudence (discretion and good sense) in the circumstances? Have they considered their responsibilities to the institution, its employees and students, the federal government, and the public at large?
Were the actions that were taken in respect to incurring the cost consistent with established institutional policies and practices applicable to the awards?
Consistent
Costs must be treated consistently and applied uniformly to all recipient programs whether federally funded or not.
All costs incurred for the same purpose and in like circumstances must be treated uniformly either as direct costs or as indirect (facilities and administrative or F&A) costs. Since certain costs, such as administrative salaries and office supplies, are normally treated as F&A costs, these costs cannot be charged directly to federal awards unless the circumstances of an award are clearly different from the normal operations of the unit. If a rate methodology is selected for valuing volunteers, the same methodology must be used consistently throughout.
18 | Page
Volunteer Time
For volunteer services, the rates must be consistent with the rates normally paid for similar work in the organization. If an employee from another organization conducts services free of charge, the services should be valued at that employee's regular rate of pay, in addition to their fringe benefits and allowable indirect costs. There are online resources to help you determine the value of volunteer time, such as:
https://independentsector.org/resource/value-of-volunteer-time/ . It is important to maintain a record for tracking
and reporting volunteer time and services.
The following uses the basic considerations applicable under volunteer time:
• Allowable: is the work that’s being performed allowable? Volunteers and staff time are generally allowable, but the work being performed must also be considered. If they are fundraising for the recipient organization, that is not an allowable expense, and that time or cost may not be used as match.
• Allocable: is the volunteer working on only the grant funded project or are they working on a number of different projects for the recipient organization. If so, what is the methodology to allocate the hours to each project and is it documented?
• Reasonable: There are several different organizations that provide rates for volunteers. The recipient organization must decide if the rate is reasonable for the work performed in their area. If the organization were paying for the work rather than valuing the hours, is that a rate they would pay? Does it track with the actual costs for the recipient organization? For example, if staff members work on a project side by side with volunteers are their rates consistent? Or is the staff member cost (wages and fringe) $16/hour and the volunteer valued at $23.25/hour for the performance of similar work? There can be disparity, but the reasonableness and basis of the rates must be considered and documented.
• Consistent: Are the values for volunteers used consistently on both the federal award and other work? A recipient organization should pick a methodology and stick to it unless there’s compelling and documented reason for change.
Volunteers that are not paid by any party for their services. These volunteers are performing work in support of a grant funded project or program: A good example of this type of volunteer might be community members that volunteer to plant trees in a city park on a Saturday morning. They show up with their shovels ready to go to work. To document the volunteer time, there must be a sign-in sheet that includes the time each volunteer spent working on the project. A good source for reasonable, documented rates for volunteers may be found at the Bureau of Labor and Statistics website at U.S. Bureau of Labor Statistics (bls.gov). Another source is Value of
Volunteer Time Report | Independent Sector Resources. A copy of the document show ing the rate should be placed in the file. Children may not be included as volunteers.
Employees of another organization
Employees of organizations like non-profits or local governments that are working on the grant funded project or program may be counted as third-party in-kind or categorized as subrecipients, depending on the relationship with the organization. In this case, the time spent must follow the regulations above and be recorded in the same manner as salaries and wages would be recorded for reimbursement. Simply put, an employee’s time must be recorded on some manner of timesheet or system to reflect all of their time worked and break out the actual time spent on the grant funded project. See §200.430(i) (1). The actual cost of these employees, including fringe, may be used as cost share or match.
Other Considerations
Maximum Obligation
The maximum obligation of FS for support of the project will not exceed the amount specified in the grant, as amended. FS does not amend grants to provide additional funds for such purposes as reimbursement for unrecovered indirect costs resulting from the establishment of final negotiated rates, or for increases in salaries, fringe benefits and other costs.
19 | Page
Pre-Award Costs
Grantees may incur allowable pre-award costs within the 90-day period immediately preceding the start date of the grant providing:
• The Grantee seeks and attains respective FS Grant Manager (national or regional, as applicable) approval and complies with respective national or regional guidance for advances and pre-award costs; and
•
FS approval of a request for advanced spending is documented in accordance with the grantee's procedures; and
• the advanced funding is necessary for the effective and economical conduct of the project.
Pre-award expenditures are made at the grantee's risk. Grantee authority to approve pre- award costs does not impose an obligation on FS: (1) in the absence of appropriations; (2) if an award is not subsequently made; or (3) if an award is made for a lesser amount than the grantee anticipated.
Requests for pre-award costs for periods exceeding 90 days must be submitted to FS via use of FS’s electronic systems. Pre-award expenditures prior to funding of an increment within a continuing grant are not subject to this limitation or approval requirement but are subject to paragraph (ii) above.
Post-End Date Costs
FS funds may not be expended subsequent to the end date of the grant, except to liquidate valid commitments that were made on or before the end date, e.g., commitment of project funds for subrecipient or contractor for services rendered during that award period but not billed to the grantee until after the grant expired. Generally, the costs of equipment or materials and supplies ordered after the end date, may not be charged to the project.
In addition, the grantee typically should not purchase items of equipment, computing devices, or restock materials and supplies in anticipation of grant expiration where there is little or no time left for such items to be utilized in the actual conduct of the research.
However, in accordance with 2 CFR § 200.461, Publication and Printing costs, awardees may charge the FS award before closeout for the costs of publication or sharing of research results, if the costs are not incurred during the period of performance of the award.
Prior Written Approvals
The funding of items identified in the FS award budget constitutes FS’s authorization for the grantee to incur these costs, provided there is not a specific limitation in the grant language and the costs are otherwise allowable, allocable, and reasonable in accordance with the cost principles contained in 2 CFR § 200, Subpart E. If required in furtherance of the project, the grantee is authorized to transfer funds from one budget category to another for allowable expenditures. Grantees should refer to the applicable grant terms and conditions referenced in the grant.
When a change requires FS approval, the request must be submitted to the appropriate FS official. The request should clearly state which budget items, if any, are to be changed and by what amounts, and should explain the reasons for any changes.
O. Direct Costs
Compensation - Personal Services
Salaries and Wages
Compensation paid or accrued by the organization for employees working on the FS-supported project during the grant period is allowable, in accordance with 2 CFR § 200.430. 20 | Page
Fringe Benefits
If the recipient’s usual accounting practices provide that its contributions to employee benefits (leave, employee insurance, social security, retirement, other payroll-related taxes, etc.) be treated as direct costs, FS grant funds may be requested to fund fringe benefits as a direct cost. These are typically determined by application of a calculated fringe benefit rate for a particular class of employee (full time or part-time) applied to the salaries and wages requested. They also may be paid based on actual costs for individual employees, if that institutional policy has been approved by the cognizant federal agency.
Fringe benefits that are not accrued but are charged as direct costs and incurred under "pay as you go plans" may be subject to reasonableness determination where the benefits are earned under other work and charged to the last activity the employee was working on. This is of particular concern for large lump sum payments for leave, disability, pregnancy or other employee fringe benefits. See 2 CFR § 200.431 f or the definition and allowability of fringe benefits.
Administrative and Clerical Salaries & Wages
In accordance with 2 CFR § 200.413, t he salaries of administrative and clerical staff should normally be treated as indirect (F&A) costs. Direct charging of these may be appropriate only if all the conditions identified below are met:
• Administrative or clerical services are integral to a project or activity; • Individuals involved can be specifically identified with the project or activity; • Such costs are explicitly included in the approved budget or have the prior written approval of the cognizant FS Grants Officer; and
• The costs are not also recovered as indirect costs.
Federal Employees
Employees of the Federal government (other than FS) may be utilized as lecturers or staff members on a project and may receive compensation and/or expenses if they obtain prior approval from their agencies to participate, and if services to the project are performed outside their regular working hours or while they are on leave status from official duties. Under no circumstances may FS employees receive compensation from an FS-supported project.
P. Other Direct Costs
Rearrangements a nd Alterations (Construction)
• Except under certain programs, FS does not normally make grants for construction or facility improvements.
However, rearrangement and alteration costs that do not constitute construction (i.e., rearrangements and alterations aggregating less than $25,000) may be allowable under FS grants to adapt space or utilities within a completed structure to accomplish the objective of the FS-supported activity, provided that the:
• grantee is not an individual or a foreign organization;
• building has a usable life consistent with project purposes and is architecturally suitable for conversion;
• rearrangement and alteration are essential to the project supported by the grant; and
• space involved will actually be occupied by the project. In situations where the space is rented, in order for the costs of the rearrangement and alteration to be allowable, the grantee must secure a lease for the length of the project. (See AAG Chapter V.C.3.)
See 2 CFR § 200.462 f
or additional information on rearrangement and reconversion costs.
21 | Page
News Release Costs
Costs of communicating with the public and press to announce the results and accomplishments of an FS - supported project are allowable. Grantees should be aware of the restrictions on advertising, organizational promotion, and lobbying costs as outlined in the applicable cost principles. See 2 CFR § 200.421 f or addi tional information on advertising and public relations.
Rental or Le ase of Facilities or Special Purpose Equipment On occasion, it may be necessary to use facilities or equipment not under the control of the grantee. See 2 CF R § 200.465 f or additional information on rental costs of real property and equipment.
Relocation Costs
Relocation costs may be charged to an FS grant as other direct costs in accordance with the cost principles contained in 2 CFR § 200, Subpart E. See 2 CFR § 200.464 f or additional information on relocation costs.
Temporary D ependent Care Travel Costs
Temporary dependent care costs (a dependent is defined in 26 U.S.C. 152) above and beyond regular dependent care that directly results from travel to conferences are allowable costs provided that the costs are:
• a direct result of the individual’s travel for the FS conference award; • consistent with the awardee’s documented travel policy for all employee travel; and • only temporary during the travel period.
See 2 CFR § 200.474 f or additional information on travel costs.
Q. Indirect Costs
It is FS’s policy that grantees are entitled to reimbursement from grant funds for indirect costs (F&A) allocable to the FS share of allowable direct costs of a project. FS program staff are not authorized to negotiate indirect costs as a discrete item of a proposal budget. FS program staff also are not authorized to suggest or request that grantee seek reductions or waivers of indirect costs.
The awarded indirect cost rate is generally based upon a grantee’s current federally negotiated indirect cost rate agreement. When establishing an indirect rate for an award where the domestic grantee does not have a current negotiated rate agreement, FS will consider the rate proposed in the budget, the grantee’s indirect cost proposal submission, the amount of total funding requested and other pertinent financial factors. Supporting documentation is not required for organizations that request a de minimis rate of 10% (or less) of modified total direct costs.
Since some types of rates limit indirect cost recoveries and require adjustments, grantees receiving awards should ensure that they understand the type of indirect cost rate, the applicable base and the type of rate used in the grant.
FS C
ognizant Organizations
If the Forest Service (FS) is your cognizant Agency and you need to obtain a NICRA, please visit FS Resource Audit branch (RAB) Audit and Assurance Staff | US Forest Service (usda.gov). Refer to the Appendix for the FS NICRA application that you may be required to submit. Please contact the RAB before filling out the form bel 22 | Page
Part VI: Other Post Award Requirements and Considerations R. Common Federal Statutes
Non-D iscrimination Statutes
A number of statutes bar recipients of Federal financial assistance from excluding persons, because of their race, color, national origin, disability, sex, or age, from participation in Federally supported activities. These include Title VI of the Civil Rights Act of 1964 (barring discrimination on grounds of race, color, or national origin); Section 504 of the Rehabilitation Act of 1973 (barring discrimination against qualified individuals with disabilities); Title IX of the Educational Amendments of 1972 (barring sex discrimination in Federally assisted education programs or activities); and the Age Discrimination Act of 1975 (barring discrimination on the grounds of age). In addition to statutory prohibitions, Executive Order (E.O.) 11246 bars various types of discriminatory employment practices under grants for construction, and E.O. 13166 “Improving Access to Services for Persons with Limited English Proficiency” requires government agencies to take steps to provide meaningful access to its programs and activities to members of the public who are limited in their English proficiency (LEP).
Title VI of th
e Civil Rights Act of 1964
Section 602 of the Civil Rights Act of 1964 (42 USC § 2000d, et seq.) provides that no person in the US shall, on the grounds of race, color or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance. Section 602 requires that each Government agency which is empowered to extend such financial assistance issue rules or regulations implementing Title VI with respect to such programs or activities administered by the agency.
Section 50
4 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973, as amended (29 USC § 794) provides that “no otherwise qualified individual with a disability in the United States...shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”
Before any organization serves as a subrecipient on an FS grant (for other than the purchase of commercially available materials and supplies, equipment or general support services), it must first file an Assurance of Compliance with the grantee.
Section 504 Certification - Subrecipients
In lieu of requiring grantees to obtain separate certifications from subrecipients receiving financial assistance under an FS grant, grantees will include in all subawards (for other than the purchase of commercially available materials and supplies, equipment or general support services), a certification of compliance comparable to that included in FS grants.
Title IX of the Education Amendments of 1972 (Sex Discrimination) Subject to certain exceptions regarding admission policies at certain religious and military organizations, Title IX of the Education Amendments of 1972 (20 USC §§ 1681-1686) prohibits the exclusion of persons on the basis of sex from any education program or activity receiving Federal financial assistance. All FS grantees must comply with Title IX.
Age Discrimination Act of 1975
The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.), provides that pursuant to regulations issued by DHHS “no person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity receiving Federal financial 23 | Page
assistance.”
Equal Employment Opportunity under E.O. 11246
E.O. 11246, as amended, requires contractors and subcontractors performing Federally assisted construction projects to provide equal opportunity, without regard to race, color, religion, sex or national origin, to persons employed or seeking employment with them. This E.O. may apply to some FS grants for construction.
Limited English Proficiency (LEP) under E.O. 13166
E.O. 13166 requires government agencies to take steps to provide meaningful access to its programs and activities to members of the public who are limited in their English proficiency (LEP). The primary purpose of the E.O., in regard to Federally assisted and conducted programs, is to ensure that people for whom English is not a first language, people who may be said to be “limited” in their English proficiency, may still enjoy meaningful access to the programs and services offered by Federal agencies.
S. Suspension and Termination Procedures
A grant may be suspended or terminated in whole or in part in pursuant to 2 CFR 200.340 this includes:
• If the grantee fails to comply with the terms and conditions of the grant;
• to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities;
• mutual agreement of FS and the grantee; or
• the grantee on written notice to FS setting forth the reasons for such action, the effective date, and, in the case of partial termination, the portion to be terminated or suspended (with the understanding that if FS determines that the unterminated portion will not accomplish the purposes of the grant it may suspend or terminate the entire grant).
Normally, action by FS to suspend or terminate a grant will be taken only after the grantee has been informed by FS of the proposed action or informed of any deficiency on its part and given an opportunity to correct it. FS, however, may immediately suspend or terminate a grant without notice when it believes such action is reasonable to protect the interests of the government.
No costs incurred during a suspension period or after the effective date of a termination will be allowable, except those costs which, in the opinion of FS, the grantee could not reasonably avoid or eliminate, or which were otherwise authorized by the suspension or termination notice, provided such costs would otherwise be allowable under the terms of the grant and the governing cost principles.
Within 30 days of the termination date the grantee will furnish a summary of progress under the grant and an itemized accounting of costs incurred prior to the termination date or pursuant to (iii) above. Final allowable costs under a termination settlement shall be in accordance with the terms of the grant, including this section, and the governing cost principles, giving due consideration to the progress under the grant. In no event will the total of FS payments under a terminated grant exceed the grant amount or the FS pro rata share when cost sharing was anticipated, whichever is less. A notice of termination other than by mutual agreement and/or the final settlement amount may be subject to review FS will report award terminations to the OMB-designated integrity and performance system in accordance with Federal regulation, but only after the grantee has had an opportunity to exhaust the review procedures. Procedures for Suspension or Termination by FS
When it is believed that a grantee has failed to comply with one or more of the terms and conditions of a grant, the FS Grants & Agreements Specialist will normally advise the grantee in writing of the nature of the problem and that failure to correct the deficiency may result in suspension or termination of the grant. The grantee will be 24 | Page
requested to respond in writing within 30 calendar days of the date of such letter, describing the action taken or the plan designed to correct the deficiency. Copies of such correspondence will be furnished to the grantee and to the cognizant FS Program Officer. FS, however, may immediately suspend or terminate a grant without notice when it believes such action is reasonable to protect the interests of the government.
If a satisfactory response is not received within the above period, the FS Grants & Agreements Specialist may issue a notice immediately suspending authority to further obligate grant funds, in whole or in part. Notice of suspension is sent to the Authorized Organizational Representative, with a copy to the PI/PD. Within FS, copies are furnished to the FS Division of Financial Management and to the cognizant FS Program Officer. The notice will set forth the terms of the suspension and its effective date.
Normally, the suspension will remain in effect for a maximum of 60 days to allow the grantee to take corrective action. In the event that the deficiency is not corrected to the satisfaction of FS, the FS Grants & Agreements Specialist may issue a notice of termination, addressed as in b., above. The notice will set forth the reasons for the action and its effective date.
• The Forest Service reserves the right to terminate the award and de-obligate award funds when the grantee fails to demonstrate satisfactory performance and timely completion of project activities, or when financial and performance standards are non-compliant with the grant agreement.
T. Termination by Mutual Agreement
Circumstances may arise in which either FS or the grantee wishes to terminate a project. If both parties agree that continuation of the project would not produce results commensurate with the further expenditure of funds, or if there arises any other reason, the grant may be terminated by mutual agreement.
Procedures
If the grantee wishes to terminate the project, the grantee should advise the FS Grants & Agreements Specialist in writing and send a copy to the cognizant FS Program Officer.
If FS wishes to terminate the project, the FS Grants & Agreements Specialist will advise the in writing and send copies the cognizant FS Program Officer.
Within 30 days after receipt of request from either party for termination by mutual agreement, the other party will provide an appropriate written response. In the event of disagreement between the parties, the FS Grants & Agreements Specialist will make a final decision, subject to the review procedures and FS policies.
Following termination, grant closeout procedures will be initiated.
Appendix
Please refer to the separate appendix file for samples of forms and documents.
CONSENT CALENDAR 8.I.
DATE: June 11, 2024
TO: Mayor and Members of the City Council
FROM: Stephanie Sifuentes, Human Resources Director
SUBJECT: ADOPT A RESOLUTION APPROVING A SIDE LETTER AGREEMENT BETWEEN THE
CITY OF VALLEJO AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 1245 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME
RECOMMENDATION
Adopt a resolution approving a Side Letter Agreement between the City of Vallejo and the International Brotherhood of Electrical Workers, Local 1245 and authorize the City Manager to execute the same.
REASONS FOR RECOMMENDATION
The months of June and July are historically busy months for the Vallejo Police Department Communications Center. Due to staffing issues in the Communications Center, there are an inadequate number of Communications Operators to staff shifts appropriately. Offering double-time for all overtime hours worked for the months of June and July will help ensure adequate staffing during these especially high volume months.
BACKGROUND AND DISCUSSION
The City of Vallejo ("City") and the International Brotherhood of Electrical Workers, Local 1245 ("IBEW") are currently in the process of negotiating a successor agreement to their Memorandum of Understanding, which expires on June 30, 2024. Due to urgent staffing issues in the Communications Center for the months of June and July, the City and IBEW met and conferred in good faith and subsequently entered into a one-time, non- precedent setting, Side Letter Agreement to allow regular, full-time Communications Operators I, II, and Supervisor to receive double-time for all overtime hours worked from June 1, 2024 through July 30, 2024 to ensure adequate staffing.
FISCAL IMPACT
The anticipated cost is approximately $153,000; however, any double-time will be absorbed by salary savings.
This is a one-time, non-precedent-setting, limited duration of June and July 2024 only. This will be split over FY 23-24 and FY 24-25. There is no future fiscal impact.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. IBEW Side Agreement CAO Stamp
2. 24.06.11_Reso_Side Letter Agreement_IBEW_Comm Ops Summer Staffing CAO STAMP
CONTACT
Date: June 11, 2024
Subject: ADOPT A RESOLUTION APPROVING A SIDE LETTER AGREEMENT BETWEEN THE
CITY OF VALLEJO AND THE INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAL 1245 AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE SAME
Stephanie Sifuentes, Human Resources Director (707) 649-4852 [email protected]
Approved as to form:
By: for
Veronica Nebb, City Attorney
RESOLUTION NO. 24 - ___N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A SIDE
LETTER AGREEMENT BETWEEN THE CITY OF VALLEJO AND THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW), LOCAL 1245 AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE SAME
WHEREAS, the International Brotherhood of Electrical Workers, Local 1245 (“IBEW”) is the recognized representative for City of Vallejo Communications Operators I, II, and Supervisor; and
WHEREAS, the City and IBEW are still negotiating the terms and conditions for a successor agreement to their Memorandum of Understanding (“MOU”), which expires on June 30, 2024; and
WHEREAS, the City recognizes that the months of June and July are historically busy months for the Vallejo Police Department Communications Center; and WHEREAS, it is necessary for the Communications Center to have adequate staffing to dispatch public safety calls; and
WHEREAS, the City and IBEW have met and conferred in good faith regarding urgent staffing needs in the Communications Center for the months of June and July; and WHEREAS, on June 7, 2024, the City and IBEW entered into a one-time, non-precedent setting, Side Letter Agreement that allows regular, full-time Communications Operators I, II, and Supervisor to be paid double-time for all overtime hours worked from June 1, 2024 through July 30, 2024, to ensure adequate staffing.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Vallejo hereby approves the Side Letter Agreement and authorizes the City Manager or his designee to execute the Side Letter Agreement, which is attached to the Staff Report, and further authorizes the City Manager or his/her designee(s) to take any and all actions reasonably necessary to implement the Side Letter Agreement.
Adopted by the City Council of the City of Vallejo at a special meeting held on June 11, 2024, with the following vote:
AYES:
ABSENT:
ABSTAIN:
NOES:
__________________________________
ROBERT MC CONNELL, MAYOR
ATTEST:
_______________________________________
DAWN ABRAHAMSOM, CITY CLERK
CONSENT CALENDAR 8.J.
DATE: June 11, 2024
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: ADOPT A RESOLUTION APPROVING AN ARPA GRANT AGREEMENT WITH FIRM FOUNDATION COMMUNITY HOUSING IN THE AMOUNT OF $3,270,335 ALLOCATED
BY CITY COUNCIL AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution of the City Council of the City of Vallejo approving an American Rescue Plan Act (ARPA) Grant Agreement with Firm Foundation Community Housing in the amount of $3,270,335 as previously allocated by City Council and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
On May 28, 2024 City Council amended the budget to allocate $3,270,335 of remaining unspent ARPA funding towards the construction of the Broadway Project. Approving this item authorizes the City Manager to enter into a grant agreement for this allocation and the previous ARPA allocation for the Broadway Project.
BACKGROUND AND DISCUSSION
On May 10, 2022, the City of Vallejo, Firm Foundation Community Housing and Shelter Inc. were awarded a California Department of Housing and Community Development (HCD) Homekey Program (“Homekey”) Round 2 Grant of $11,621,866 to develop and build a permanent supportive housing project to house chronically homeless individuals. On June 10, 2022, the Council accepted the grant and amended the City’s budget to receive the grant. On June 14, 2022, the Council approved a resolution to appropriate Homekey Round 2 grant funding for the Broadway Project.
The Broadway Project ("Project") is a permanent supportive modular housing project designed to house the chronically homeless. The estimated total cost of the Project is $26.64M. Construction began on September 19, 2022 and is anticipated to be completed in September 2024. Residents are expected to move in by December 31, 2024. Firm Foundation currently owns the site and manages the Project and its construction in compliance with Homekey deliverables and timeline regulations. The Project will include 47 permanent supportive housing units (studios), an on-site case manager unit, a community room and courtyard. On-site wrap around services will be provided to facilitate connections to services, benefits, and community resources.
The project is currently 70% built and needs requested funding to finish the project.
On May 14, 2024, staff presented step one Notice of Intent to amend the fiscal year 2023-2024 budget in the amount of $6.15M for the Broadway Project in order to close the construction funding gap and complete the project within the designated HCD HOMEKEY Grant timelines.
On May 28, 2024 City Council adopted a resolution allocating $3,270,335 of City ARPA Funding and $2,879,665 as a loan from Measure P Funding towards the construction of the Broadway Project.
The existing State, City and Housing Authority funding amounts for the Broadway Project are summarized below:
Date: June 11, 2024
Subject: ADOPT A RESOLUTION APPROVING AN ARPA GRANT AGREEMENT WITH FIRM FOUNDATION COMMUNITY HOUSING IN THE AMOUNT OF $3,270,335
ALLOCATED BY CITY COUNCIL AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME
Funding Source Amount State of CA Homekey $11,621,866 City of Vallejo American Rescue Plan Act (ARPA) $3,663,075 Solano County American Rescue Plan Act (ARPA) $3,000,000 Infill Infrastructure Grant Program $2,559,656 Wells Fargo Grant $90,000 LMIHAF Loan $3,300,000 Measure P Funding $2,879,665
Total project Funding: $27,114,262
FISCAL IMPACT
There is no additional fiscal impact associated with this item. City Council amended the budget and allocated funding at their May 28, 2024 meeting from the remaining ARPA funds.
ENVIRONMENTAL REVIEW
The City filed a Notice of Exemption with the Clerk of the Board of Supervisors of the County of Solano and with the Office of Planning and Research for the Broadway Project on July 6, 2022.
ATTACHMENTS
1. Broadway ARPA Agreement Reso_CAO Stamp
2. ARPA-Grant-Agreement-Firm Foundation_CAO Stamp
CONTACT
Gillian Haen, Assistant City Manager (707) 648-4163
[email protected]
RESOLUTION NO. 24-________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING AN
AMERICAN RESCUE PLAN ACT (ARPA) GRANT AGREEMENT WITH FIRM FOUNDATION COMMUNITY HOUSING IN THE AMOUNT OF $3,270,335 AS PREVIOUSLY ALLOCATED AND
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
WHEREAS, Firm Foundation Community Housing is constructing the Broadway Project, a 47-unit Permanent Supportive Housing Project, with 1 manager’s unit (total 48 units), that will provide wrap around services to chronically homeless population in Vallejo (“Project”); and WHEREAS, the City of Vallejo, co-applied with Firm Foundation Community Housing, and Shelter, Inc. and obtained grant funding for the Project through a Project HOMEKY grant in the amount of $11,621,866; and
WHEREAS, additional funds have been provided to the Project through other grant funds from County, City and other sources; and
WHEREAS, on May 14, 2024, the City Council provided notice of intent to amend the 2023-2024 Fiscal Year budget; and
WHEREAS, on May 28, 2024, the City Council approved amending the Fiscal Year 2023-2024 budget to allocate $3,270,335 of American Rescue Plan ACT (“ARPA”) and $2,879,665 as a loan of Measure P funding towards the construction of the Broadway Project; and NOW, THEREFORE BE IT RESOLVED that the City Council does hereby authorize the City Manager or his designee to execute the Broadway Project American Rescue Plan Act Grant Agreement with Firm Foundation Community Housing.
Adopted by the Council of the City of Vallejo at a regular meeting held on June 11, 2024 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST: _________________________________________
DAWN G. ABRAHAMSON, CITY CLERK
1 ARPA Fund Grant Agreement
This AMERICAN RESCUE PLAN ACT (“ARPA”) FUND GRANT AGREEMENT ("Agreement") is made at Vallejo, California, dated for reference this 6th day of June 2024, by and between the City of Vallejo, a municipal corporation ("City"), and Firm Foundation Community Housing, a California nonprofit public benefit corporation, hereinafter referred to as “Grantee”, who agree as follows:
1. Term. This Agreement takes effect as of the Effective Date and terminates as set forth in Section 7, below.
2. Disbursement of Funds. The City shall disburse to the Grantee a total sum not to exceed $3,270,335 in accordance with Section 4, below.
3. Additional Funds. This sum is in addition to the two previous grants of ARPA funds made to Grantee by the City in the amounts of $392,740 and $3,000,000, respectively, as authorized by Resolution No. 23-164 and County of Solano Standard Contract No. COV-1-ARPA.
4. Reimbursement Basis. The City will make payments to the Grantee in arrears as follows:
(a)Payments. Prior to any payment to Grantee, Grantee shall provide the City with a written report on the progress made on the Authorized Activities and a detailed and properly documented invoice for reimbursement that must include a detailed accounting of costs already incurred in sufficient detail for the City, in its opinion, to substantiate the costs. The City will notify the Grantee within fifteen business days following receipt of its invoice and written report of any circumstances or data identified by the City that would cause withholding of approval and subsequent payment. The City may request any additional documentation it determines is needed to substantiate any request for reimbursement. The City reserves the right to withhold payment of unauthorized amounts. The City shall remit payment to Grantee within a reasonable time after invoice approval.
(b)Final Payment. As a condition of receiving final payment under this Agreement, the Grantee shall provide the City with (i) all of the documents described in Section 4(a), above, covering the period since the Grantee last submitted a payment request, and (ii) the closeout report required under Section 8(f), below. The City may request any additional documentation it determines is needed to substantiate any request for reimbursement or that is needed to complete the closeout report. The City reserves the right to withhold payment of unauthorized amounts. The City shall remit payment to Grantee within a reasonable time after invoice and closeout report approval.
5. Authorized Uses. The following terms apply to the Grantee’s activities and expenditures related to this Agreement:
(a)The Grantee may seek reimbursement solely for costs it incurs that are necessary for
2 completion of the construction of 47 permanent supportive housing units and 1 unrestricted manager’s unit at 2441 Broadway Street in Vallejo (“Authorized Activities”) and for no other purpose.
(b)The Grantee may seek reimbursement solely for eligible costs as set forth in this Agreement. If Grantee receives a refund or credit for any cost for which it received a payment of ARPA funds, Grantee shall return ARPA funds in an amount equal to the refund or credit to the City by check payable to the City and delivered to the City at the address shown in Section 9 no later than 10 days following receipt of such refund or credit, unless otherwise agreed to in writing by the City. (c)Any costs that are determined by subsequent audit to be unallowable are subject to repayment by the Grantee to the City within 60 days unless the City approves in writing an alternative repayment plan.
(d)The Grantee shall not use the ARPA funds to supplant funding provided by the City to the Grantee under any other agreement.
(e)If the Grantee has received ARPA funds from any other entity or has received other federal funds (e.g., Coronavirus Relief Act funds, payroll protection act loan, etc.), Grantee shall not use the ARPA funds awarded pursuant to this Agreement to pay for direct or indirect costs already covered by the other federal funds or ARPA payments.
6. Books and Records. During the term of this Agreement and for five years after the termination or expiration of this Agreement, the Grantee shall keep appropriate books, records, and accounts in connection with the ARPA funds and activities performed under this Agreement and is subject to the following:
(a)The Grantee shall maintain all records related to this Agreement in accordance with generally accepted accounting practices, including the following records: (i) general ledger and subsidiary ledgers used to account for the receipt of ARPA funds and the disbursements of ARPA funds to meet eligible expenses; (ii) budget records for all fiscal years covered by this Agreement; (iii) payroll, time records, human resource records to support costs incurred for payroll expenses related to this Agreement; (iv) receipts of purchases made related to this Agreement; (v) contracts and subcontracts entered into using ARPA funds and all documents related to such contracts; (vi) all documentation of reports, audits, and other monitoring of contractors, subcontractors, and the Grantee; (vii) all documentation supporting the performance outcomes of contracts, subcontracts, and this Agreement; (viii) all internal and external email/electronic communications related to use of ARPA funds; and (ix) all investigative files and inquiry reports involving payment of ARPA funds.
(b)The Grantee shall make its books, records, and accounts (both those that relate to this Agreement and those that do not), employees, performance-related records, property, and equipment related to this Agreement available to the City’s Finance Director, the City Auditor, and any independent auditor at all reasonable times so that the Finance Director, City Auditor, or an independent auditor may determine whether the Grantee has complied with this Agreement. If the City requests, the Grantee shall obtain and provide to the City, at the Grantee’s sole cost, an independent financial audit of the Grantee’s use of the ARPA funds.
3 (c)Upon demand by the City, given in accordance with Section 9, the Grantee shall reimburse the City for all ARPA funds that the Finance Director, City Auditor, or an independent auditor determines were expended for activities other than Authorized Activities in accordance with this Agreement, with reimbursement to be by check payable to the City and delivered to the City at the address shown in Section 9.
7. Termination. The City may terminate this Agreement if the City Manager determines that:
(a)The Grantee has failed to perform, or has performed unsatisfactorily, any term of this Agreement, including failing to use the ARPA funds solely for Authorized Activities; (b)The Grantee has made (with or without knowledge) any material misrepresentation of any nature with respect to any information or statements furnished to City in connection with this Agreement; or
(c)There is pending litigation with respect to the performance by Grantee of any of its duties or obligations under this Agreement that may materially jeopardize or adversely affect the undertaking of or the carrying out of the Authorized Activities.
8. Other Requirements. In connection with its activities and expenditures related to this Agreement, the Grantee shall do the following:
(a)The Grantee shall follow the City’s procurement standards in Chapter 3.20 of the Vallejo Municipal Code when contracting for goods or services; (b)The Grantee shall comply with the provisions of Title 24, Code of Federal Regulations, Part 24, relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of debarment, suspension, or placement in ineligibility status;
(c)The Grantee shall enter into a written contract when it purchases goods or services using ARPA funds; and
(d)No later than sixty days following the final disbursement of ARPA funds under this Agreement, the Grantee shall provide the City with a closeout report that includes all the following: (i) an itemized list of all expenditures of ARPA funds; (ii) the name of each contractor who is paid with ARPA funds; (iii) the amount of each contract for the purchase of goods or services that is paid for in whole or in part with ARPA funds; (iv) a copy of each contract for the purchase of goods or services that is paid for in whole or in part with ARPA funds; and (v) any other information that the City may request to demonstrate that the ARPA funds were used solely for Authorized Activities in accordance with this Agreement.
9. Notices. Any notice, request, report, or demand under this Agreement must be in writing and will be considered properly given and effective only when mailed or delivered in the manner provided by this section 9 to the persons identified below or their successors. A mailed notice, application, request, report, or demand will be effective or will be considered to have been given on the third calendar day after it is deposited in the United States Mail (certified mail and return receipt requested), addressed as set forth below, with postage prepaid. A notice, application, request, report, or demand sent in any other manner will be 4 effective or will be considered properly given when actually delivered. Any party may change its address for these purposes by giving written notice of the change to the other party in the manner provided in this section.
If to the City:
City of Vallejo
555 Santa Clara Street
Vallejo, California 94590
Attention: Gillian Haen,
Assistant City Manager
If to the Grantee:
Firm Foundation Community Housing
2845 Castro Valley Boulevard
Castro Valley, CA 94546
Attention: Taryn Sandulyak
Senior Project Manager
10. Effective Date. This Agreement is effective on the date that all parties have signed it, as indicated by the dates in the signature blocks below.
11. Indemnity. The Grantee shall defend, hold harmless and indemnify the City, its officers and employees, and each and every one of them, from and against any and all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, costs and expenses of every type and description, including, but not limited to, any fees and/or costs reasonably incurred by the City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (collectively, “Liabilities”), including Liabilities arising from personal injury or death, damage to personal, real or intellectual property or the environment, contractual or other economic damages, or regulatory penalties, arising out of or in any way related to this Agreement, whether or not (i) such Liabilities are caused in part by a party indemnified hereunder or (ii) such Liabilities are litigated, settled or reduced to judgment, except that the foregoing indemnity does not apply to liability for any damage or expense for death or bodily injury to persons or damage to property to the extent arising from the sole negligence or willful misconduct of the City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the direct supervision and control of the Grantee.
12. Insurance. During the term of this Agreement, the Grantee shall maintain insurance coverage as follows:
(a)Commercial General Liability Insurance providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Grantee, its subcontractors, products and completed operations of Grantee, its subcontractors, and premises owned, leased, or used by the Grantee, its subcontractors, with limits of not less than two million dollars ($2,000,000) per occurrence. The policy must provide contractual liability and products and 5 completed operations coverage for the term of the policy. The policy must not include an exclusion for sexual abuse, physical abuse, or molestation. (b)The minimum limits of insurance required by section 12(a) may be satisfied by a combination of primary and umbrella or excess insurance coverage; provided that any umbrella or excess insurance must contain, or be endorsed to contain, a provision that it applies on a primary basis for the benefit of the City, and any insurance or self-insurance maintained by the City, its officials, employees, or volunteers is in excess of such umbrella or excess coverage and does not contribute with it. (c)The City, its officials, employees, and volunteers must be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activities performed by or on behalf of Grantee and its subcontractors; products and completed operations of Grantee and its subcontractors; and premises owned, leased, or used by Grantee and its subcontractors.
(d)The policies must contain, or be endorsed to contain, the following provisions:
(1)Grantee’s insurance coverage, including excess insurance, is primary insurance as respects the City, its officials, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officials, employees, or volunteers is in excess of Grantee’s insurance and does not contribute with it. (2)Any failure to comply with reporting provisions of the policies does not affect coverage provided to the City, its officials, employees, or volunteers. (3)Coverage must state that Grantee’s insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
(e)The Grantee shall provide the City with 30 days’ written notice of cancellation or material change in the policy language or terms.
(f)Insurance must be placed with insurers with a Bests’ rating of not less than A:VI. Self- insured retentions, policy terms, or other variations that do not comply with the requirements of this section 12 must be declared to and approved by the City in writing prior to execution of this Agreement.
(g)The Grantee shall furnish the City with certificates evidencing the insurance required.
The certificates must be forwarded to the City’s Risk Manager. Copies of policies must be delivered to the City on demand. Certificates of insurance must be signed by an authorized representative of the insurance carrier.
(h)The City may withdraw its offer of contract or terminate this Agreement if the certificates of insurance required have not been provided prior to execution of this Agreement. The City may withhold payments to the Grantee or terminate the agreement if the insurance is canceled or the Grantee otherwise ceases to be insured as required by this section 12. (i)Any available insurance proceeds in excess of the specified minimum limits and 6 coverages must be made available to the City.
(j)The Grantee’s liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Grantee in connection with this Agreement.
13. Conflicts of Interest. The Grantee, its officers, directors, employees, agents, and subcontractors shall not have or acquire any interest, directly or indirectly, that creates an actual or apparent conflict with the interests of the City or that in any way hinders the Grantee’s performance under this Agreement.
14. Miscellaneous.
(a)Assignment. The Grantee may not assign or otherwise transfer this Agreement or any interest in it without the City’s written consent, which the City may grant or deny in its sole discretion. An assignment or other transfer made contrary to this Section 14(a) is void.
(b)Successors and Assigns. This Agreement binds and inures to the benefit of the successors and assigns of the parties. This section 14(b) does not constitute the City’s consent to any assignment of this Agreement or any interest in this Agreement. (c)Interpretation. This Agreement is to be interpreted and applied in accordance with California law.
(d)Waiver of Breach. A party’s failure to insist on strict performance of this Agreement or to exercise any right or remedy upon the other party’s breach of this Agreement will not constitute a waiver of the performance, right, or remedy. A party’s waiver of the other party’s breach of any term or provision in this Agreement is not a continuing waiver or a waiver of any subsequent breach of the same or any other term or provision. A waiver is binding only if set forth in writing and signed by the waiving party. (e)Severability. If a court with jurisdiction rules that any nonmaterial part of this Agreement is invalid, unenforceable, or contrary to law or public policy, then the rest of this Agreement remains valid and fully enforceable.
(f)Counterparts. The parties may sign this Agreement in counterparts, each of which is considered an original, but all of which constitute the same agreement. Facsimiles, pdfs, and photocopies of signature pages of the agreement have the same binding effect as originals.
(g)Time of Essence. Time is of the essence in performing this Agreement. (h)Authority to Sign. The person signing this Agreement on Grantee's behalf represents that he or she is authorized to do so and that no further action beyond his or her signature is required to bind Grantee to this Agreement. City shall have no obligations whatsoever under this Agreement, unless and until this Agreement is executed by the City Manager or the City Manager’s authorized designee. 7 (i)Compliance with all Laws, Requirements, and Orders. The Grantee shall comply with all applicable laws, regulations, orders of public officials, and requirements in connection with this Agreement, including all non-discrimination and equal opportunity laws to ensure that Grantee does not deny benefits or services or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity). (j)Tax Implications and Consequences. The City makes no representations as to the tax consequences associated with the disbursement of ARPA funds related to this Agreement, and any determination related to this issue is the sole responsibility of the Grantee. Grantee acknowledges consulting with its own tax advisors or tax attorneys regarding this transaction or having had an opportunity to do so prior to signing this Agreement. Grantee acknowledges the City cannot provide advice regarding the tax consequences or implications of the ARPA funds disbursed to Grantee under the terms of this Agreement.
(k)Integration and Modification. This Agreement sets forth the parties’ entire understanding regarding the matters set forth above and is intended to be their final, complete, and exclusive expression of those matters. It supersedes all prior or contemporaneous agreements, representations, and negotiations—written, oral, express, or implied—and may be modified only by another written agreement signed by both parties.
(Signature Page Follows)
8 FIRM FOUNDATION COMMUNITY
HOUSING., a California nonprofit public
benefit corporation
By:
Taryn Sandulyak
Senior Project Manager
DATE:
Vallejo Business License No.
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By:
Andrew Murray
City Manager
DATE:
ATTEST:
By:
Dawn G. Abrahamson
City Clerk
APPROVED AS TO FORM:
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
Armond Sarkis
Risk Manager
ACTION ITEM 9.A.
DATE: June 11, 2024
TO: Mayor and Members of the City Council
FROM: Melissa Tigbao, PE, Public Works Director
Jason Lacey, Landscape Maintenance Manager
SUBJECT: HOLD A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING THE
ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS ON PROPERTIES IN THE BORDONI RANCH, CARRIAGE OAKS, GARTHE RANCH, GLEN COVE III, GLEN COVE III 2015, HUNTER RANCH III, MARINE
WORLD/FAIRGROUNDS, MARIN VIEW, NORTHEAST QUADRANT, SANDPIPER POINT,
SOUTH VALLEJO BUSINESS PARK, AND TOWN AND COUNTRY II-V LANDSCAPE MAINTENANCE DISTRICTS FOR FISCAL YEAR 2024-2025
RECOMMENDATION
Hold a public hearing and adopt a resolution approving the engineer's report and ordering the levy and collection of assessments on properties in the Bordoni Ranch, Carriage Oaks, Garthe Ranch, Glen Cove III, Glen Cove III 2015, Hunter Ranch III, Marine World/Fairgrounds, Marin View, Northeast Quadrant, Sandpiper Point, South Vallejo Business Park, and Town & Country II-V Landscape Maintenance Districts for FY 2024- 2025.
REASONS FOR RECOMMENDATION
The City Council appointed SCI Consulting Group, Inc., as the Engineer of Work and directed it to prepare the Engineer's Report for the twelve landscape maintenance districts. The Engineer’s Report identifies all assessable parcels in each Landscape Maintenance District and was prepared pursuant to the Landscape and Lighting Act of 1972 and in compliance with Article XIIID of the California Constitution (Proposition 218).
BACKGROUND AND DISCUSSION
The City of Vallejo has 27 Landscape Maintenance Districts, thirteen of which were established in accordance with the Landscape and Lighting Act of 1972 (1972 Act), and fourteen of which were established in accordance with the Improvement Act of 1911 (1911 Act). The City Council will be considering the 1911 Act districts and the Hiddenbrooke Landscape Maintenance District under separate Council actions. Approval of this resolution formally establishes the fiscal year 2024-2025 assessments for the following twelve Landscape Maintenance Districts: Bordoni Ranch, Carriage Oaks, Garthe Ranch, Glen Cove III, Glen Cove III 2015, Hunter Ranch III, Marine World/Fairgrounds, Marin View, Northeast Quadrant, Sandpiper Point, South Vallejo Business Park, and Town and Country II -V. Several of the districts are broken further into different operational areas, and may have assessments that vary from one another.
An Engineer’s Report (hereafter referred to as “Report”) is prepared annually for each 1972 Act District. The Report analyzes each district based on “equivalent benefit units” (EBU). One EBU is applied to a single-family residence. Proposed assessments for each parcel are based on the special benefit received by the parcels within each district. The proposed fiscal year 2024-2025 budget for each district is included as part of the Report.
The annual costs and expenses to provide and maintain the improvements in each district are assessed proportionately to those parcels within each district that receive special benefits from the improvements. With
Date: June 11, 2024
Subject: HOLD A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING THE
ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS ON PROPERTIES IN THE BORDONI RANCH, CARRIAGE OAKS, GARTHE RANCH, GLEN COVE III, GLEN COVE III 2015, HUNTER RANCH III,
MARINE WORLD/FAIRGROUNDS, MARIN VIEW, NORTHEAST QUADRANT,
SANDPIPER POINT, SOUTH VALLEJO BUSINESS PARK, AND TOWN AND COUNTRY II-V LANDSCAPE MAINTENANCE DISTRICTS FOR FISCAL YEAR 2024- 2025
the exception of two districts, South Vallejo Business Park and Marine World/Fairgrounds, single-family residences make up the majority of parcels within the 1972 Act districts.
Many of these districts were formed in the 1970s, when inflationary adjustments to the assessments were disallowed. In the mid-2000s, balloting was conducted, in accordance with Proposition 218, within eight of these districts (Carriage Oaks, Garthe Ranch (does not include Garthe Ranch B), Glen Cove III, Hunter Ranch III, Marine World/Fairgrounds, Sandpiper Point, South Vallejo Business Park, and Town and Country II-V), which provided the parcel owners within said districts the opportunity to increase the assessments in order to provide a higher level of service. All of these districts, with the exception of the Marine World/Fairgrounds and South Vallejo Business Park districts, rejected the proposed increases. This has resulted in a continued reduction in the level of service that can be provided in those districts, which will continue to occur until the parcel owners within such districts approve an increase to their assessment rates. In 2015, balloting was conducted again, in accordance with Proposition 218, in Glen Cove III. The ballot measure was approved, resulting in the formation of the Glen Cove III 2015 Landscape Maintenance District.
Examples of reduced services in FY 2024-2025 are:
• The elimination of tree trimming and view enhancement • The elimination of fencing repairs
• Reduced irrigation service
• Reduction in the frequency of maintenance services
• Postponement of capital improvement projects
The FY 2024-2025 Report for the 1972 Act Districts is included as an attachment to this staff report and is also on file in the City Clerk’s Office (3rd floor) and in the Department of Public Works (4th Floor), City Hall, 555 Santa Clara Street, Vallejo, CA 94590.
As reflected by the chart below, many of the districts are proposed to be levied at the same rate as they were during FY 2023-2024. The annual assessment rates for Glen Cove III 2015 are proposed to increase, as this district allows for an inflationary adjustment, to improve the level of service and set aside funds for future capital improvements. Consistent with Proposition 218, such increases are not considered new increased assessments that require that a notice and ballot be sent to property owners.
The following chart reflects both the approved FY 2023-2024 levy per parcel and the proposed FY 2024-2025 levy per parcel:
DISTRICT
APPROVED FY 2023-24
ASSESSMENT
PROPOSED FY 2024-25
ASSESSMENT
% CHANGE
Bordoni Ranch Zone 1 $ 392.99 $ 392.99 0%
Bordoni Ranch Zone 2 $ 270.33 $ 270.33 0%
Carriage Oaks $ 58.52 $ 58.52 0%
Date: June 11, 2024
Subject: HOLD A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING THE
ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS ON PROPERTIES IN THE BORDONI RANCH, CARRIAGE OAKS, GARTHE RANCH, GLEN COVE III, GLEN COVE III 2015, HUNTER RANCH III,
MARINE WORLD/FAIRGROUNDS, MARIN VIEW, NORTHEAST QUADRANT,
SANDPIPER POINT, SOUTH VALLEJO BUSINESS PARK, AND TOWN AND COUNTRY II-V LANDSCAPE MAINTENANCE DISTRICTS FOR FISCAL YEAR 2024- 2025
Garthe Ranch $ 128.46 $ 128.46 0%
Garthe Ranch
"B" (Highlands)
$ 2,075.42 $ 2,075.42 0%
Glen Cove III $ 155.14 $ 155.14 0%
Hunter Ranch III $ 72.04 $ 72.04 0%
Marine World-
Fairgrounds
$ 125.26 $ 125.26 0%
Marin View $ 636.00 $ 636.00 0%
Northeast
Quadrant
$ 287.24 $ 287.24 0%
Northeast
Quadrant Zone
A
$ 444.20 $ 444.20 0%
Sandpiper Point $ 141.76 $ 141.76 0%
South Vallejo
Business Park
$ 3,286.60 $ 3,286.60 0%
Town & Country
II-V
$ 70.48 $ 70.48 0%
Glen Cove III
2015 Zone
A
$ 131.25 $ 134.69 2.62%
Glen Cove III
2015 Zone
B
$ 128.65 $ 132.02 2.62%
Glen Cove III
2015 Zone
C
$ 123.37 $ 126.60 2.62%
The proposed assessments comply with the provisions of Proposition 218. The total amount of funds to be assessed for these twelve 1972 Act Landscape Maintenance Districts in FY 2024-2025 is $2,590,655.15.
FISCAL IMPACT
There is no fiscal impact to the General Fund associated with this action.
Landscape Maintenance District budgets are separate from the City’s General Fund. Landscape Maintenance District assessments finance the maintenance of improvements in the districts. The Public Works Department costs for labor and materials associated with the Landscape Maintenance Districts are charged to the Date: June 11, 2024
Subject: HOLD A PUBLIC HEARING AND ADOPT A RESOLUTION APPROVING THE
ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS ON PROPERTIES IN THE BORDONI RANCH, CARRIAGE OAKS, GARTHE RANCH, GLEN COVE III, GLEN COVE III 2015, HUNTER RANCH III,
MARINE WORLD/FAIRGROUNDS, MARIN VIEW, NORTHEAST QUADRANT,
SANDPIPER POINT, SOUTH VALLEJO BUSINESS PARK, AND TOWN AND COUNTRY II-V LANDSCAPE MAINTENANCE DISTRICTS FOR FISCAL YEAR 2024- 2025
individual district budgets. All City costs associated with maintaining and administering the Districts are covered by the annual assessments. The total amount of funds to be assessed for these twelve 1972 Act Landscape Maintenance Districts in FY 2024-2025 is $2,590,655.15.
The financial health of the previously identified districts has been described in the Engineer’s Report. As noted in this report, required operating reserves will continue to be compromised and service levels reduced in those districts that have not had an increase to their assessment since their formation in the 1970s. FY 2024-2025 funding in the remaining districts is adequate to maintain the current minimal service levels and to sustain the required operating reserves.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines section 15378.
ATTACHMENTS
1. Reso - Public Hearing 1972 LMDs_CAO Stamp
2. Vallejo 1972 Act ER 5-6-24
CONTACT
Melissa Tigbao, PE, Public Works Director (707) 648-4433 [email protected]
RESOLUTION NO. 24-___ N.C.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE ENGINEER’S REPORT AND ORDERING THE LEVY AND
COLLECTION OF ASSESSMENTS ON PROPERTIES IN THE BORDONI
RANCH, CARRIAGE OAKS, GARTHE RANCH, GLEN COVE Ill, GLEN COVE Ill 2015, HUNTER RANCH Ill, MARINE WORLD/FAIRGROUNDS,
MARIN VIEW, NORTHEAST QUADRANT, SANDPIPER POINT, SOUTH
VALLEJO BUSINESS PARK, AND TOWN AND COUNTRY II-V THE
LANDSCAPE MAINTENANCE DISTRICTS FOR FISCAL YEAR 2024-25 WHEREAS, the City Council, by previous Resolution, has ordered the preparation of the Engineer’s Report (the “Report”) for the landscape maintenance districts designated as Bordoni Ranch; Carriage Oaks; Garthe Ranch; Glen Cove Ill; Glen Cove Ill 2015; Hunter Ranch Ill; Marine World/Fairgrounds; Marin View; Northeast Quadrant; Sandpiper Point; South Vallejo Business Park; Town and Country II-V (the “Districts”) pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (the “Act”), which provides for the levy and collection of assessments to pay the costs and expenses of operating, maintaining and servicing the landscaping, and all appurtenant facilities and operations related thereto located within the Districts; and WHEREAS, on June 11, 2024, at the hour of 7:00 p.m. at the City Council Chambers located at 555 Santa Clara Street, Vallejo, California, the City Council of the City of Vallejo held a public hearing on the question of the levy of the assessment, notice of which hearing was given as required by law; and
WHEREAS, all persons interested and desiring to be heard at the hearing were given an opportunity to be heard, and all matters and things pertaining to the levy were fully heard and considered by the City Council, and all oral statements and all written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof; and
WHEREAS, the City Council and its legal counsel have found that these assessments comply with applicable provisions of Article XIIID of the California State Constitution.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL AS FOLLOWS:
Section 1 The public interest, convenience and necessity require that the levy be made.
Section 2 The Districts benefited by the improvements and assessed to pay the costs and expenses thereof and the exterior boundaries thereof are as shown by a map filed in the office of the City Clerk, which map is made a part hereof by reference.
Section 3The Engineer's Report as a whole and each part thereof, to wit:
i) the Engineer's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses in connection therewith;
ii) the diagram showing the Districts, the plans and specifications for the improvements to be maintained, and the boundaries and dimensions of the respective lots and parcels of land within the Districts; and
iii) the assessment of the total amount of the costs and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the Districts in proportion to the estimated special benefits to be received by said lots and parcels, and of the expenses incidental thereto;
are hereby approved and confirmed.
Section 4 Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, the estimate of the costs and expenses, the diagram and the assessments, as contained in the Report as hereinabove determined and ordered, is intended to and shall refer and apply to the Report, or any portion thereof as amended, modified, revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, heretofore duly adopted or made by this Council.
Section 5 The assessments to pay the costs and expenses of the maintenance of the improvements for Fiscal Year 2024-2025 are hereby ordered to be levied. For further particulars pursuant to the provisions of the Landscaping and Lighting Act of 1972, reference is hereby made to the Resolution Directing Preparation of Engineer's Report.
Section 6 Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, this Council expressly finds and determines (a) that each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount if not more than the amount of the assessment apportioned against the lots and parcels of land, respectively, and (b) that there is substantial evidence to support, and the weight of the evidence preponderates in favor of, the aforesaid finding and determination as to special benefits.
Section 7 The Engineer’s Report as presented to the City Council and on file in the Office of the City Clerk is hereby confirmed as filed. The City Council hereby levies against and upon all of the real property within the Districts a special assessment per equivalent benefit unit for the Fiscal Year commencing on July 1, 2024 and ending June 30, 2025, as follows:
District
Bordoni Ranch Zone 01 $ 392.99
Bordoni Ranch Zone 02 $ 270.33
Carriage Oaks $ 58.52
Garthe Ranch $ 128.46
Garthe Ranch "B" (Highlands) $ 2,075.42
Glen Cove Ill $ 155.14
Hunter Ranch Ill $ 72.04
Marine World/Fairgrounds $ 125.26
Marinview $ 636.00
Northeast Quadrant $ 287.24
Northeast Quadrant Zone A $ 444.20
Sandpiper Point $ 141.76
So. Vallejo Bus. Park $ 3,286.60
Town & Country 11-V $ 70.48
Glen Cove III 2015 Zone A $ 134.69
Glen Cove III 2015 Zone B $ 132.02
Glen Cove III 2015 Zone C $ 126.60
Section 8 The maintenance, operation, and servicing of the improvements and appurtenant facilities shall be performed in accordance with the Act. The City Council hereby orders the following proposed improvements to be made: the maintenance and operation of, and the furnishing of services and materials for: turf, ground cover, shrubs and trees, irrigation systems, drainage systems, open space areas, public pedestrian paths, entry monuments, fencing, lighting systems and all appurtenant facilities related thereto.
Section 9 Immediately upon the adoption of this Resolution, but in no event later than the third Monday in August following such adoption, the City Clerk shall file a certified copy of the assessments and a certified copy of this Resolution with the Auditor of the County of Solano. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment. The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the City of Vallejo, City Treasurer.
Section 10 The Finance Director shall deposit all money representing assessments collected by the County for the Districts to the credit of a fund for each of the Districts and such money shall be expended only for the maintenance, operation and servicing of each of the landscaping, lighting and appurtenant facilities as described in Section 8, above.
Adopted by the City Council of the City of Vallejo at a regular meeting held on June 11, 2024 with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
ROBERT H. MCCONNELL, MAYOR
ATTEST:
________________________________
DAWN G. ABRAHAMSON, CITY CLERK
ENGINEER’S REPORT
City of Vallejo
Landscape Maintenance Districts
Fiscal Year 2024-25
Pursuant to the Landscaping and Lighting Act of
1972 and Article XIIID of the California Constitution
Page i
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Page ii
Table of Contents
Introduction ................................................................................................................. 1 Overview.................................................................................................................................... 1 Assessment Process .................................................................................................................. 2 Engineer’s Report ...................................................................................................................... 2 Assessment History ................................................................................................................... 3 Changes To The Landscape Maintenance Districts ........................................................ 6 Plans & Specifications .................................................................................................. 7 Description of the Landscape Maintenance Districts .................................................... 9 Method of Apportionment ......................................................................................... 48 Method of Apportionment ...................................................................................................... 48 Discussion of Benefit ............................................................................................................... 48 General versus Special Benefit ................................................................................................ 51 Benefit Finding ........................................................................................................................ 52 Method of Assessment ............................................................................................................ 55 Appeals and Interpretation ..................................................................................................... 58 Inflationary Adjustment .......................................................................................................... 58 Assessment ................................................................................................................ 61 Appendix A - 2024-2025 Assessment Roll ................................................................... 63 Appendix B - Assessment Diagram ............................................................................. 64
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Page iii
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City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Introduction
Overview
The City of Vallejo (the “City”) annually levies and collects special assessments in order to maintain the improvements within the Landscape Maintenance Districts (“LMD” or “LMDs”). The LMDs have been formed pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”).
This document includes the Engineer’s Reports (the “Reports”) for twelve Landscape Maintenance Districts (hereafter referred to as “LMD” or “LMDs”) designated as:
Bordoni Ranch LMD
Carriage Oaks LMD
Garthe Ranch LMD (Zone A and Zone B)
Glen Cove III LMD
Glen Cove III 2015 LMD
Hunter Ranch III LMD
Marine World/Fairgrounds Drive LMD
Marin View LMD
Northeast Quadrant LMD (Including Zone A)
Sandpiper Point LMD
South Vallejo Business Park LMD
Town and Country II through V LMD
In an effort to streamline the annual administrative process a nd expenses, the annual Reports required for each LMD, pursuant to the 1972 Act, are incorporated into this single Report. This comprehensive Report address the overall legislative authority, benefit rationale and method of apportionment for the LMD s listed above and provides separately a more detailed description of each LMD’s boundaries, improvements, proposed budget and assessments for fiscal year 20 24-2025 as required by Chapter 1, Article 4, beginning with Section 22565 of the 1972 Act.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Assessment Process
This Report was prepared to establish the budgets for the continued capital improvement and services expenditures that would be funded by the proposed 2024-2025 assessments, determine the benefits received from the lighting and landscaping maintenance and improvements by property within the LMDs and the method of assessment apportionment to lots and parcels within the LMDS. This Report and the proposed assessments have been made pursuant to the provisions of the 1972 Act and Article XIIID of the California Constitution (the “Article”).
In each subsequent year for which the assessments will be continued , the Council must direct the preparation of an Engineer's Report, budgets and proposed assessments for the upcoming fiscal year. After the Engineer's Report is completed, the Council may preliminarily approve the Engineer's Report and proposed assessments and establish the date for a public hearing on the continuation of the assessments. This Report was prepared pursuant to the direction of the Council.
If the Council approves this Engineer's Report and the continuation of the assessments by resolution, a notice of assessment levies must be published in a local paper at least 10 days prior to the date of the public hearing. The resolution preliminarily approving the Engineer's Report and establishing the date for a public hearing is used for this notice.
Following the minimum 10 -day time period after publishing the notice, a public hearing is held for the purpose of allowing public testimony about the proposed continuation of the assessments. This hearing is currently scheduled for June 11, 2024. At this hearing, the Council would consider approval of a resolution confirming the continuation of the assessments for fiscal year 202 4-2025. If so confirmed and approved, the assessments would be submitted to the County Auditor/Controller for inclusion on the property t ax rolls for Fiscal Year 2024-2025.
Engineer’s Report
SCI Consulting Group has been retained by the City as the Assessment Engineer for this Assessment since 2011-2012. L anguage taken from the previous Engineer's Report is shown in Times New Roman, 10 pt. Font.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Assessment History
After the passage of Proposition 218 in November 1996 (now Articles XIIIC and XIIID of the California Constitution), the City conducted a complete analysis of the proposition and its application to the LMDs and the assessments related thereto. Pursuant to the Article XIIID Section 5 of the Constitution, certain existing assessments are exempt from the substantive and procedural requirements of Article XIIID Section 4 and property owner balloting for the assessments is not required until such time that the a ssessments are increased. Specifically, the City determined that the improvements and the annual assessment for each of the then existing 1972 Act Districts were part of the conditions of property development and approved by the original property owner (developer). As such, pursuant to Article XIIID Section 5b of the Constitution, the existing assessments were approved by all the property owners at the time the assessment was created (originally imposed pursuant to a 100% landowner petition) and therefore, the previously adopted assessments for each of those LMD s were exempt from the procedural requirements of the Article XIIID Section 4.
With the exception of the Bordoni Ranch LMD, Marine World/Fairgrounds LMD, Northeast Quadrant LMD , South Vallejo Business Park LMD, the Highlands at Garthe Ranch LMD (Garthe Ranch LMD Zone B) and Glen Cove III 2015 LMD which were balloted for a new or increased assessment that included an inflationary adjustment, each of the LMDs contained within this Report currently have fixed maximum assessment rates with no adjustment for inflation. Although these assessment rates (with the exception of Marin View LMD) were established prior to the passage of Proposition 218 and have been identified as exempt assessments pursuant to Article XIIID Section 5b of the Constitution, it has been determined that the current assessment revenues for most of these LMDs are no longer sufficient to cover the annual cost of providing the improvements.
Since the passage of Proposition 218, all new or increased assessments established for the LMDs and identified as the “Current Maximum Assessment Rate” in this Report have been submitted to the property owners of record and approved by such property owners pursuant to the provisions of the California Constitution Article XIIID Section 4.
Specifically:
The Marin View LMD was formed in fiscal year 1999-2000. As part of that formation process, the City conducted a property owner protest ballot proceeding for the proposed maximum assessment. The results of that balloting indicated that majority protest did not exist and the “Current Maximum Assessment Rate” identified in this Report for that LMD was approved and confirmed by the City Council. Although the maximum assessment for this LMD was approved through a property owner protest ballot proceeding, the maximum assessment established did not include an inflationary adjustment.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Also in fiscal year 1999-2000, the City conducted property owner protest proceedings for a proposed assessment increase for the Northeast Quadrant LMD. The assessment increase (new maximum assessment) presented to the property owners in a property owner protest ballot proceeding a nd subsequently approved by those property owners, included an annual inflationary adjustment for the assessments.
In fiscal year 2007-2008 the City conducted proceedings for the formation of the Highlands at Garthe Ranch Maintenance District and concurrently annexed the properties within this LMD to the existing Garthe Ranch LMD as Zone B. As part of the formation/annexation process the City conducted a property owner protest ballot proceeding on the proposed new assessment for the associated improvements. The new maximum assessment presented to t he property owners of record and subsequently approved also included an annual inflationary adjustment for the assessments.
In fiscal year 2008-2009 the City conducted property owner protest proceedings for a proposed assessment increase for eight of the LMD s outlined in this Report. These eight LMDs included:
Carriage Oaks LMD
Garthe Ranch LMD (Zone A only)
Glen Cove III LMD
Hunter Ranch III LMD
Marine World/Fairgrounds Drive LMD
Sandpiper Point LMD
South Vallejo Business Park LMD
Town and Country II through V LMD
In addition to the proposed assessment rate increases, the City proposed the implementation of an annual inflation adjustment for those new maximum assessment rates. In connection with the proposed assessment increases, pursuant to the provisions of the California Constitution, Article XIIID Section 4, the City conducted a property owner protest ballot proceeding for the establishment of the proposed new maximum assessments and inflationary adjustment for each respective LMD prior to imposing such new assessments.
The tabulation of the ballots indicated that majority protest did not exist for the proposed new or increased assessment for the following two LMDs only:
Marine World/Fairgrounds Drive LMD
South Vallejo Business Park LMD
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
In fiscal year 2010-2011, the City conducted a property owner ballot proceeding for a proposed new assessment for the Bordoni Ranch LMD. The new assessment presented to the property owners in a ballot proceeding and subsequently approved by those property owners included an annual inflationary adjustment for the assessments.
In fiscal year 2015-2016, the City conducted a property owner ballot proceeding for a proposed new assessment in the Glen Cove III area, Glen Cove III 2015 LMD (Glen Cove III District 2). The new assessment presented to the property owners in a ballot proceeding and subsequently ap proved by those property owners included an annual inflationary adjustment for the assessments.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Changes To The Landscape Maintenance Districts
Changes within the LMDs that affect the 202 4-2025 levy of assessments are outlined below.
Annexations
No new annexations have occurred since the fiscal year 2023-2024 Engineer’s Report was approved.
New Landscape Maintenance Districts
No new LMDs have been formed since the fiscal year 202 3-2024 Engineer’s Report was approved.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Plans & Specifications
The LMDs provide maintenance of landscaping and lighting within the public right-of-way, dedicated landscape easements, parks, detention basins, and street lighting (the “Improvements”) in the various LMDs throughout the City. Each LMD has differing costs and provides direct and special benefits to the parcels within these LMD s. All properties will be assessed only for the maintenance of improvements within their respective LMD.
Improvements within the LMDs include but are not limited to: installation, maintenance and servicing of public facilities, and incidental expenses, including but not limited to, street lights, public lighting facilities, landscaping, sprinkler systems, statuary, fountains, other ornamental structures and facilities, landscape corridors, ground cover, shrubs and trees, street frontages, drainage systems, fencing, entry monuments, graffiti removal and repainting, and labor, materials, supplies, utilities and equipment, as applicable, for property owned or maintained by the City of Vallejo. Any plans and specifications for these improvements will be filed with the Public Works Director of the City of Vallejo and are incorporated herein by reference.
Installation means the construction of lighting and landscaping improvements, including, but not limited to: land preparation, such as grading, leveling, cutting and filling, sod, landscaping, irrigation systems, sidewalks and drainage and lights.
Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including repair, removal or replacement of all or any part of any improvement; providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury; the removal of trimmings, rubbish, debris, and other solid waste, and the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
Servicing means the furnishing of electric current or energy for the operation or lighting of any improvements, and water for irrigation of any landscaping or the maintenance of any other improvements.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Incidental expenses include all of the following: (a) The costs of preparation of the report, including plans, specifications, estimates, diagram, and assessment; (b) the costs of printing, advertising, and the giving of published, posted, and mailed notic es; (c) compensation payable to the County for collection of assessments; (d) compensation of any engineer or attorney employed to render services in proceedings pursuant to this part; (e) any other expenses incidental to the construction, installation, or maintenance and servicing of the Improvements; (f) any expenses incidental to the issuance of bonds or notes pursuant to Streets & Highways Code Section 22662.5; and (g) costs associated with any elections held for the approval of a new or increased asses sment. (Streets & Highways Code §22526).
The assessment proceeds will be exclusively used for Improvements within the LMDs plus Incidental expenses.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Description of the Landscape Maintenance D istricts
Landscape Maintenance District Boundaries , Specific Areas Maintained and Fiscal Year 202 4-202 5 Estimate of Cost and Budgets A description of the boundaries, areas maintained , Improvements and FY 2024-25 Budgets are described in detail below for each LMD.
BORDONI RANCH LMD
This LMD is designated as Bordoni Ranch Landscape Maintenance District and may be referred to as Bordoni Ranch LMD. Bordoni Ranch LMD was formed in 2010. The LMD serves two Zones:
Zone 1 is comprised of all parcels of land within the Bordoni Ranch subdivision, as well as the two parcels on the west side of Columbus Parkway that are the proposed site of the planned detention basin/wetlands;
Zone 2 is comprised of the remaining three parcels of land on the west side of Columbus Parkway that are proposed to be future residential subdivisions, including the planned Tuscany subdivision.
Boundaries
Zone 1 consists of all lots, parcels and subdivisions of land within the proposed residential subdivision known as Bordoni Ranch, generally located east of and adjacent to Columbus Parkway and south of Regents Park Drive and Brunswick Drive. Zone 1 also includes the two parcels that are the site of the proposed detention basin as well as vacant wetlands.
These two parcels are generally located west of and adjacent to Columbus Parkway, and north of Benicia Road, and south of Greenmont Drive.
Zone 2 consists of all lots, parcels and subdivisions of land within the proposed residential subdivision known as Tuscany as well as vacant land and two parcels zoned for residential development (future single-family residential subdivisions). These properties are generally located w est of and adjacent to Columbus Parkway; and north of Greenmont Drive, and south of Aragon Street.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Improvements
The LMD maintains landscape improvements, open space areas and park facilities. It has been determined that specific improvements to be maintained through out the LMD are improvements that provide special benefits to each property within the LMD, the cost of which will be proportionately shared by properties in both Zone 1 and Zone 2 (“Shared Improvements”). Conversely, other improvements to be maintained throughout the LMD that are specifically the result of developing properties within the Bordoni Ranch residential subdivisions are improvements that provide special benefits to only those properties, and the cost of providing such improvements shall be proportionately shared by only the properties in Zone 1 (“Zone 1 Improvements”). Therefore, Zone 1 receives benefits from both the Zone 1 Improvements and the Shared Improvements while Zone 2 receives benefits only from the Shared Improvements. The I mprovements to be maintained throughout the LMD are generally described as:
Zone 1 Improvements
Irrigated parkways and slopes (streetscape) within the public right-of-ways on the perimeter of the Bordoni Ranch subdivision, including but not limited to:
o Landscaped area located on the east side of Columbus Parkway, from Regents Park Drive southward to the southern end of the Bordoni Park subdivision;
o Landscaped area and approximately 19 street trees located on the south side of Regents Park Drive, from Columbus Parkway eastward to approximately 50 feet west of Brunswick Drive;
o Landscaped area, including approximately 54 street trees on both sides of Waterstone Parkway between Regents Park Drive and Abbey Drive.
Irrigated open space areas and wetlands dispersed throughout the Bordoni Ranch subdivision that provide a transition from the streetscape landscaped areas to the non-irrigated open space areas, and/or are located adjacent to the residential units or common areas within the Bordoni Ranch subdivision. Detention basin serving the Bordoni Ranch development.
Shared Improvements
Landscaped median islands on Columbus Parkway, approximately between Regents Park Drive on the north and Benicia Road on the south. Designated parkland, located at the corner of Columbus Parkway and Regents Park Drive. The park includes, but is not limited to:
o One basketball court;
o Two bocce courts;
o Toddler’s play structure;
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
o Older children’s play structure;
o Picnic areas with tables, barbeques, and benches;
o A 21-stall parking lot.
General Information
Prior to the Bordoni Ranch development, there was a 6.74 acre park located on the south side of Regents Park Drive just east of Columbus Parkway. This park had very few amenities and consisted primarily of grass, trees and sidewalks. The park was maintained by the Greater Vallejo Recreation District (the “GVRD”). In anticipation of the in creased demand to be placed on the park by the Developments, the previous park was demolished and a new park was completely reconstructed and enhanced as described above. Fiscal Year 202 4-2025 planning and redesign of the bathroom facilities are planned for completion.
LMD Budgets
The following provides the budget and maximum assessment rates for each Zone for fiscal year 2024-25.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Direct Costs Zone 01 Zone 02
2024-25
Budget
Contract Maintenance Costs $43,251 $973 $44,224
Salaries & Benefits $41,802 $940 $42,742
Services & Supplies $5,183 $117 $5,300
Landscape Water $48,900 $1,100 $50,000
Utilities $1,565 $35 $1,600
Landscape Rehabilitation / Vandalism $9,780 $220 $10,000 Capital Projects $0 $0 $0
Total Direct Costs $150,481 $3,385 $153,866
Administration Costs
Administration & Overhead $24,947 $561 $25,508
County Administration Fees $1,690 $38 $1,728
Professional Fees $963 $22 $985
Total Administration Costs $27,600 $621 $28,221
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $178,081 $4,006 $182,087 Contribution to / (from) Reserve Fund $0 $0 $0
Contribution to / (from) Rehabilitation Fund ($5,329) ($122) ($5,451) Contribution (from) General Fund / Other Revenue ($3,766) ($85) ($3,851) Balance to Levy $168,986 $3,799 $172,785
District Statistics
Total Parcels 259 3 262
Total Parcels Levied 244 3 247
Total Equivalent Benefit Units 430.00 14.05 444.05
Proposed Levy per Benefit Unit $392.99 $270.33
Maximum Levy per Benefit Unit $753.49 $517.82
Total Assessment Levy $168,985.70 $3,798.14 $172,783.84 Fund Balance Information
Beginning Operating Reserve Fund Balance $89,040.46 $2,002.96 $91,043.42 Operating Reserve Fund Adjustments $0.00 $0.00 $0.00
Anticipated Operating Reserve Fund Balance $89,040.46 $2,002.96 $91,043.42 Beginning Rehabilitation Reserve Fund Balance $287,628.41 $6,470.17 $294,098.58 Rehabilitation Reserve Fund Adjustments ($5,329.00) ($122.00) ($5,451.00) Anticipated Rehabilitation Reserve Fund Balance $282,299.41 $6,348.17 $288,647.58 Anticipated Total Ending Fund Balance $371,339.87 $8,351.13 $379,691.00 Estimate of Cost
City of V allejo
Bordoni Ranch Landscape Maintenance District
Fund Number (#177)
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Carriage Oaks LMD
This LMD is designated as Carriage Oaks Landscape Maintenance District and may be referred to as Carriage Oaks LMD. Carriage Oaks LMD was formed in 1990 . The LMD serves a residential neighborhood of 254 parcels located in northeast Vallejo.
Boundaries
The LMD lies within the City of Vallejo, generally located within the area bounded by Interstate 80, State Route 37, the Country Club Crest Ranch and Cimarron Hills Subdivisions.
Improvements
The LMD maintains landscaped areas and weed control zones including approximately 1 acre of ornamental and native landscaping which includes ground cover, shrubbery and trees; and 10 acres of plantings and weed control described as follows:
Remove & replace over-mature shrubs on Borges slopes
Thin out over-mature vegetation at Griffin & Sousa
The landscape areas from Cimarron Court to Souza
The strip of weed height control along the Marine World Parkway sound wall and the open space below, to the west of Highway 80
Weed height control for open space areas
Prune trees in LMD easements
Upgrade irrigation on slopes along Borges
General Information
Slope drainage from Highway 80 is highly erosive to the open space area and has significantly impacted the LMD costs over the last few years. Although repairs due to erosion cannot be predicted, it is essential that the LMD’s Rehabilitation Fund be adequately funded for any unforeseen repairs or replacements.
The life expectancy of native shrubbery is five to fifteen years. The majority of the current landscape improvements (shrubbery) within the LMD will likely need replacement over the next several years.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
A financial analysis of the LMD indicates that the current maximum assessment revenues do not generate adequate revenue to provide for the Improvements. The City conducted proceedings in fiscal year 2008-2009 to ballot the property owners within the LMD for an increased assessment and an annual inflationary adjustment commencing in fiscal year 2008-2009, which was not approved . This has resulted in a continued reduction in the levels of service including, r educed irrigation service, reduction in the freque ncy of maintenance services and postponement of capital improvement projects.
LMD Budget
The following provides the budget and maximum assessment rate for fiscal year 2024-25.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Direct Costs 2024-25 Budget
Contract Maintenance Costs $4,551
Salaries & Benefits $1,838
Services & Supplies $228
Landscape Water $0
Utilities $0
Landscape Rehabilitation / Vandalism $0
Capital Projects $0
Total Direct Costs $6,617
Administration Costs
Administration & Overhead $1,097
County Administration Fees $149
Professional Fees $85
Total Administration Costs $1,331
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $7,948
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $6,966
Contribution (from) General Fund / Other Revenue ($50)
Balance to Levy $14,864
District Statistics
Total Parcels 254
Total Parcels Levied 254
Total Equivalent Benefit Units 254.00
Proposed Levy per Benefit Unit $58.52
Maximum Levy per Benefit Unit $58.52
Total Assessment Levy $14,864.08
Fund Balance Information
Beginning Operating Reserve Fund Balance $3,973.82
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $3,973.82
Beginning Rehabilitation Reserve Fund Balance $1,035.18 Rehabilitation Reserve Fund Adjustments $6,966.00
Anticipated Rehabilitation Reserve Fund Balance $8,001.18 Anticipated Total Ending Fund Balance $11,975.00
Estimate of Cost
City of V allejo
Carriage Oaks Landscape Maintenance District
Fund Number 7720 (#170)
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Garthe Ranch LMD
This LMD is designated as Garthe Ranch Landscape Maintenance District and may be referred to as Garthe Ranch LMD. The LMD is comprised of two Zones:
Zone A (the original Garthe Ranch LMD) was formed in 1987 and serves a residential neighborhood consisting of 1,145 parcels within thirteen developments located in southeast Vallejo; and
Zone B (the Highlands) was formed and established in October 2006 and serves a residential development consisting of 105 parcels situated in the eastern portion of the City of Vallejo.
Boundaries
Zone A of the LMD is generally located within the ar eas bounded by Columbus Parkway, Lake Herman Road, the Vallejo-Benicia city limits line, the Springtree/Fleming Hill LMD , Tennessee Street, Saint Catherine's Church, and the Summit I and Somerset Highlands III Landscape Maintenance Districts.
Zone B is generally located east of and adjacent to Columbus Parkway at Spring Road, south and west of Ascot Parkway, and north of Georgia Street.
Improvements
Zone A - The LMD maintains landscaped areas, weed control zones and trail systems for the special benefit of properties within Zone A including approximately 30 acres of native and ornamental ground cover, shrubbery and trees; 31 acres of plantings and weed control that are found in the following areas:
The Ascot Parkway frontage which extends eastward to Newcastle Drive The Georgia Street frontage extending to Ascot Parkway Hilary Way between Columbus and Ascot Parkways
The Columbus Parkway slopes below the Coventry Hills subdivision and Highland Apartments
The frontages along Windsor, Westminster, Southport, and Ramsgate Ways The open space areas behind the residences of Ascot Parkway, Britannia Drive, Hawkins Street, Southport Way, Georgia Street, Knights Circle, Devonshire and Joel Courts, Devonshire Avenue, Manor Court, Newcastle Drive, Newcastle Court, Windsor and Westminster Ways, Sandhurst Drive, Sandhurst Court, and Saxony Court.
Zone B - The LMD maintains landscaped areas, weed control zones and parkland for the special benefit of properties within Zone B including:
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Approximately one acre of irrigated parkways and slopes (streetscape) within the public right-of-ways along the interior streets of the Zone. Approximately half of an acre of irrigated open space areas that provide a transition from the streetscape landscaped areas to the non -irrigated open spaces areas, and/or are located adjacent to the residential units or common areas within the Highlands subdivision.
Approximately one and a half acres of irrigated parkways and slopes (streetscape) on the perimeter of the Zone.
Approximately 25 acres of non-irrigated (natural) open space area located in the eastern half of the Zone behind the residential subdivision.
A half-acre park site is located in the center of the residential subdivision.
General Information
The life expectancy of native shrubbery is five to fifteen years. Although portions of the assessments for Zone A have been spent on rehabilitation in recent years, it is reasonable to assume that additional monies will be necessary in future years for either more rehabilitation of the improvements (particularly irrigation systems) or increased maintenance costs associated with very mature plant material.
LMD Budgets
Zone A Budget
A financial analysis of the LMD and the improvements indicates that the current maximum assessment rate does not generate sufficient revenues to adequately provide for the improvements. The City conducted proceedings in fiscal year 2008-09 to ballot the property owners within the LMD for an increased assessment and an annual inflationary adjustment commencing in fiscal year 2008-09 which was not approved. This has resulted in a continued reduction in the levels of service including, r educed irrigation serv ice, reduction in the frequency of maintenance services and postponement of capital improvement projects.
The following provides the budget and maximum assessment rate for fiscal year 2024-25.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Direct Costs 2024-25 Budget
Contract Maintenance Costs $49,000
Salaries & Benefits $34,586
Services & Supplies $4,289
Landscape Water $33,430
Utilities $3,200
Landscape Rehabilitation / Vandalism $0
Capital Projects $0
Total Direct Costs $124,505
Administration Costs
Administration & Overhead $20,640
County Administration Fees $1,783
Professional Fees $1,016
Total Administration Costs $23,439
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $147,944
Contribution to / (from) Reserve Fund $20,014
Contribution to / (from) Rehabilitation Fund $10,923
Contribution (from) General Fund / Other Revenue ($540) Balance to Levy $178,341
District Statistics
Total Parcels 1145
Total Parcels Levied 1138
Total Equivalent Benefit Units 1388.31
Proposed Levy per Benefit Unit $128.46
Maximum Levy per Benefit Unit $128.46
Total Assessment Levy $178,342.30
Fund Balance Information
Beginning Operating Reserve Fund Balance $53,958.00
Operating Reserve Fund Adjustments $20,014.21
Anticipated Operating Reserve Fund Balance $73,972.21
Beginning Rehabilitation Reserve Fund Balance $0.00
Rehabilitation Reserve Fund Adjustments $10,922.79
Anticipated Rehabilitation Reserve Fund Balance $10,922.79 Anticipated Total Ending Fund Balance $84,895.00
Estimate of Cost
City of V allejo
Garthe Ranch Landscape Maintenance District
Fund Number 7716 (#180)
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Zone B Budget
Zone B (Highlands) was formed and balloted for a new assessment in fiscal year 2006-07, which included an annual inflationary.
The following provides the proposed budget and assessment rate for fiscal year 202 4-25 that is necessary to provide an appropriate level of maintenance for the Highlands (Zone B) of the LMD . The budget includes the City’s estimate of anticipated expenditures, revenues and fund balances required for the annual maintenance and operation of the improvements. The assessment rate derived from this budget and the established method of apportionment shall be used to calculate each parcel’s assessments for fiscal year 2024-25.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Direct Costs 2024-25 Budget
Contract Maintenance Costs $26,099
Salaries & Benefits $31,342
Services & Supplies $3,887
Landscape Water $35,000
Utilities $1,500
Landscape Rehabilitation / Vandalism $15,000
Capital Projects $0
Total Direct Costs $112,828
Administration Costs
Administration & Overhead $18,705
County Administration Fees $2,179
Professional Fees $1,242
Total Administration Costs $22,126
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $134,954
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $102,028
Contribution (from) General Fund / Other Revenue ($19,063) Balance to Levy $217,919
District Statistics
Total Parcels 105
Total Parcels Levied 105
Total Equivalent Benefit Units 105.00
Proposed Levy per Benefit Unit $2,075.42
Maximum Levy per Benefit Unit $2,786.47
Total Assessment Levy $217,919.10
Fund Balance Information
Beginning Operating Reserve Fund Balance $67,477.10
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $67,477.10
Beginning Rehabilitation Reserve Fund Balance $1,838,819.90 Rehabilitation Reserve Fund Adjustments $102,028.00
Anticipated Rehabilitation Reserve Fund Balance $1,940,847.90 Anticipated Total Ending Fund Balance $2,008,325.00
Estimate of Cost
City of V allejo
Garthe Ranch Highland (Zone B) Landscape Maintenance District Fund Number 7746 (#188)
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Glen Cove III LMD ’s
The Glen Cov e III area has two Landscape Maintenance District s, the first LMD is designated as Glen Cove III LMD or “LMD 1”, was formed in 1987. LMD 1 serves an area consisting of 2, 936 parcels from twenty -eight (28) developments located in southeast Vallejo.
The second Landscape Maintenance District was formed by property owner ballot proceeding fiscal year 2015-16 and is designated as Glen Cove III 2015 LMD or “LMD 2”.
LMD 2 serves the same area as LMD 1 and contains 3,219 parcels from twenty-eight (28) developments located in southeast Vallejo . LMD 2 contains slightly more parcels than LMD 1, due to its formation occurring after the implementation of Proposition 218, public agencies are subject to LMD 2 assessments.
LMD 2 was formed in order to provide additional funding for the maintenance and installation of landscape improvements throughout the Glen Cove III area. LMD 1 was formed in 1987 without an inflationary adjustment while costs have increased significantly. As a result, the assessment revenue from LMD 1 was no longer sufficient to fund annual maintenance and would have depleted the rehabilitation reserve fund.
The development of properties within both LMD’s is not expected to change significantly.
Boundaries
Both LMD’s lies within the City of Vallejo, generally located within the area bounded by Interstate 80, Interstate 780, Robles Way and the Benicia State Recreation Area.
LMD 2 Zones of Benefit
As part of the engineering work for the formation of LMD 2, an analysis was conducted on the relationship (including proximity, transportation corridors, likely travel routes, etc.), between properties and the primary improvements located along Glen Cove Parkway. As a results three zones, A, B and C were created as shown on the assessment diagram for LMD 2. Parcels in Zone B are determined to receive 98% of the level of special benefit as those within Zone A and parcels in Zone C are determined to receive 94% of the level of special benefit as those within Zone A.
Improvements
The LMD’s maintain landscaped areas; weed control zones; and trail systems including approximately 60 acres of ornamental and native landscaping which includes ground cover, shrubbery, and trees; and 62 acres of plantings and weed control that are found in the following areas:
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
The boundaries of Robles to the straits and Navone/Palou/Old Glen Cove Road to the Benicia State Recreation Area fence-line and Glen Cove Parkway Mistral, Rivermouth, Brigantine, James River, New Bedford Court, Bear Cove Court, Pueblo Court, Duxbury Place, Sandy Neck Way, Sea Cliff Place, Saybrook Way, Antigua Way, and Chesapeake Drive
Glen Cove Parkway beginning at the west corner of the Marina Complex landscape area fronting the parkway to the intersection of Glen Cove Parkway and Bayside Terrace
The open space to the west and north of Waterview Terrace The slope of Clearview including the slope and trail along the strait to the entrance of the harbor
South Regatta from the intersection of Glen Cove Parkway to the intersection of Whiteside and South Regatta
The open space between Paddlewheel, Beston, Ancheta, Topsail, Yachtsman, and Seafarer
Weed control adjacent to the Benicia State Park fence-line and the PG&E yard to the intersection of Flying Dutchman
The open space above Weathermark, Leeward, and Windward Courts The open space slope of Flying Dutchman, Pirates’ Cove, Sea Mist, Topsail, Helmsman, Anchor, Winter Harbor, Wellfleet, Cape Elizabeth, Fairhaven, and Silver Pine to the Benicia State Park fence
The Hwy. 780 fence-line along the northeast boundary of the LMD The access pathway behind Topsail and the landscaping along each side of North Regatta to the intersection of Glen Cove Parkway and North Regatta The north side of Sunfish Court
Outrigger near Sea Horse and the open space to the rear yard fences of Palou and Pueblo
The open space above Del Sur in the cul-de-sac, above Clearpointe, and the open space above and below the Clearpointe Drive cul-de-sac
General Information
The life expectancy of native shrubbery is five to fifteen years.
Fiscal Year 2023-24 community engagement and work with consultants on design of Glen Cove Parkway Project including next phases / scope of work / construction documents / budget / timelines.
Fiscal Year 2024-25 Glen Cove Parkway Project - bid project and start construction base on design plans created from Fiscal Year 2023-24 planning and design process.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
The City conducted proceedings in fiscal year 2008-2009 to ballot the property owners within the LMD for an increased assessment and an annual inflationary adjustment commencing in fiscal year 2008 -2009 which was not approved. The City conducted a second property owner ballot proceeding in fiscal year 2015-16 for a new assessment and an annual inflationary adjustment commencing in fiscal year 2015 -16 which was approved. As noted previously the new LMD is designated as Glen Co ve III 2015 LMD or “LMD 2”.
Including the annual inflationary adjustment maximum assessment rates for LMD 2 for fiscal year 2024-25 are $134.69 for properties in Zone A, $ 132.02 for properties in Zone B, and $126.60 for properties in Zone C.
LMD Budget
The following provides the budget and maximum assessment rate for fiscal year 2024-25.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Direct Costs
2024-25 Glen
Cove III LMD 1
2024-25
Glen Cove III
LMD 2 (2015)
2024-25 Glen
Cove III Total
Budget
Contract Maintenance Costs $179,585 $136,585 $316,170
Salaries & Benefits $106,027 $80,641 $186,668
Services & Supplies $13,149 $10,000 $23,149
Landscape Water $51,120 $38,880 $90,000
Utilities $3,408 $2,592 $6,000
Landscape Rehabilitation / Vandalism $28,400 $21,600 $50,000 Capital Projects $56,800 $43,200 $100,000
Total Direct Costs $438,489 $333,498 $771,987
Administration Costs
Administration & Overhead $63,276 $48,126 $111,402
County Administration Fees $4,644 $3,532 $8,176
Professional Fees $2,645 $2,012 $4,657
Total Administration Costs $70,566 $53,669 $124,235
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $509,054 $387,168 $896,222 Contribution to / (from) Reserve Fund $0 $0 $0
Contribution to / (from) Rehabilitation Fund ($35,858) ($27,310) ($63,168) Contribution (from) General Fund / Other Revenue ($8,788) ($6,683) ($15,471) Balance to Levy $464,408 $353,174 $817,583
District Statistics
Total Parcels 3188 3219
Total Parcels Levied 3188 3075
Total Equivalent Benefit Units Zone A 2993.48 2169.21
Total Equivalent Benefit Units Zone B 271.25
Total Equivalent Benefit Units Zone C 199.00
Proposed Levy per Benefit Unit Zone A $155.14 $134.69
Proposed Levy per Benefit Unit Zone B $132.02
Proposed Levy per Benefit Unit Zone C $126.60
Total Assessment Levy $464,408.49 $353,174.72 $817,583.21 Fund Balance Information
Beginning Operating Reserve Fund Balance $254,527.11 $193,583.81 $448,110.92 Operating Reserve Fund Adjustments $0.00 $0.00 $0.00
Anticipated Operating Reserve Fund Balance $254,527.11 $193,583.81 $448,110.92 Beginning Rehabilitation Reserve Fund Balance $624,201.37 $474,744.71 $1,098,946.08 Rehabilitation Reserve Fund Adjustments ($35,858.20) ($27,309.80) ($63,168.00) Anticipated Rehabilitation Reserve Fund Balance $588,343.18 $447,434.90 $1,035,778.08 Anticipated Total Ending Fund Balance $842,870.29 $641,018.71 $1,483,889.00 City of Vallejo
Glen Cove III Landscape Maintenance Districts
Fund Number 7717 & 7748 (#185)
Estimate of Cost
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Hunter Ranch III LMD
This LMD is designated as Hunter Ranch III Landscape Maintenance District and may be referred to as Hunter Ranch III LMD.
Hunter Ranch III LMD was formed in 1986
The LMD serves a residential neighborhood of 190 parcels located in northeast Vallejo and the development of properties within the LMD is not expected to change significantly.
Boundaries
The LMD lies within the City of Vallejo, generally located within the area bounded by Turner, Ascot and Redwood Parkways and the Hunter Ranch I subdivision.
Improvements
The LMD maintains landscaped areas totaling approximately 6 acres of ornamental and native landscaping which includes ground cover, shrubbery, trees, and weed control zones that are found in the following areas:
The west side of lower Ascot Parkway beginning at the south end of the sound wall at Sterling and Ascot Parkways to the intersection of Redwood Parkway and Ascot Parkway
The slope landscaping along the north side of Redwood Parkway extending to the Trotter intersection, including three median islands on Redwood Parkway
General Information
A FY 2008-2009 owner balloting to increase the assessment in the LMD to enable a full level of service failed and as a result the City reduced the Direct Costs of the LMD by re- negotiating the landscape maintenance contracts (reduced level of service) and less frequent water use in an attempt to bring the annual expenses in line with the assessment revenues.
A financial analysis of the LMD and the improvements indicates that the current maximum assessment rate does not generate sufficient revenues to adequately provide for the improvements.
LMD Budget
The following provides the budget and maximum assessment rate for fiscal year 2024-25.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Direct Costs 2024-25 Budget
Contract Maintenance Costs $3,183
Salaries & Benefits $3,305
Services & Supplies $410
Landscape Water $0
Utilities $0
Landscape Rehabilitation / Vandalism $5,000
Capital Projects $0
Total Direct Costs $11,898
Administration Costs
Administration & Overhead $1,972
County Administration Fees $137
Professional Fees $78
Total Administration Costs $2,187
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $14,085
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund $350
Contribution (from) General Fund / Other Revenue ($747) Balance to Levy $13,688
District Statistics
Total Parcels 190
Total Parcels Levied 190
Total Equivalent Benefit Units 190.00
Proposed Levy per Benefit Unit $72.04
Maximum Levy per Benefit Unit $72.04
Total Assessment Levy $13,687.60
Fund Balance Information
Beginning Operating Reserve Fund Balance $7,042.44
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $7,042.44
Beginning Rehabilitation Reserve Fund Balance $67,658.56 Rehabilitation Reserve Fund Adjustments $350.00
Anticipated Rehabilitation Reserve Fund Balance $68,008.56 Anticipated Total Ending Fund Balance $75,051.00
Estimate of Cost
City of V allejo
Hunter Ranch III Landscape Maintenance District
Fund Number 7714 (#183)
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Marine World/Fairgrounds Drive LMD
This LMD is designated as Marine World/Fairgrounds Drive Landscape Maintenance District and may be referred to as Marine World/Fairgrounds Drive LMD or Marine World/Fairground LMD.
Marine World/Fairgrounds Drive LMD was formed in 1989. The LMD serves 5 parcels that include a recreational theme park, fairgrounds, and motel/hotel complex (Holiday Inn) located in northeast Vallejo. Marine World/Fairgrounds Drive LMD is fully developed and the Equivalent Benefit Units (EBU) for the LMD is not expected to change.
Boundaries
The LMD lies within the City of Vallejo, generally located within the area bounded by Interstate 80, Fairgrounds Drive, and the western boundary of Marine World and the southern boundary of Solano County.
Improvements
The LMD maintains the landscaped frontages and median plantings totaling approximately 3 acres of native and ornamental ground cover, shrubbery and trees; and
0.5 acre of weed control and new plantings. Fairgrounds Drive serves as the entrance to the Discovery Kingdom (Formerly Marine World) Six Flags Theme Park and Solano County Fairgrounds and the LMD improvements are generally located in the areas described below:
Just beyond the entrance to the Fairgrounds parking lot to the south; and North beyond the overpass of Highway 37
General Information
The life expectancy of native shrubbery is five to fifteen years.
A past financial analysis of the LMD and the improvements indicated that the maximum assessment rate did not generate sufficient revenue s to adequately provide for the improvements. The City conducted proceedings in FY 2008-2009 to ballot the property owners within the LMD for an increased assessment and an annual inflationary adjustment commencing in fiscal year 2008-2009 which was approved.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
LMD Budget
A financial analysis of the LMD with the inflationary adjustments indicates that the maximum assessment rate does generate sufficient revenues to adequately provide for improvements. The budget includes the City’s estimate of anticipated expenditures, revenues and fund balances required for the annual maintenance and operation of the improvements. The assessment rate derived from this budget and the established method of apportionment shall be used to calculate each parcel’s assessments for fiscal year 2024-25.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Direct Costs 2024-25 Budget
Contract Maintenance Costs $22,978
Salaries & Benefits $27,981
Services & Supplies $3,470
Landscape Water $20,000
Utilities $1,300
Landscape Rehabilitation / Vandalism $25,000
Capital Projects $0
Total Direct Costs $100,729
Administration Costs
Administration & Overhead $16,699
County Administration Fees $1,060
Professional Fees $603
Total Administration Costs $18,362
Collections / (Credits) Applied To Levy
Total Direct and Administration Costs $119,091
Contribution to / (from) Reserve Fund $0
Contribution to / (from) Rehabilitation Fund ($7,662)
Contribution (from) General Fund / Other Revenue ($5,478) Balance to Levy $105,951
District Statistics
Total Parcels 4
Total Parcels Levied 4
Total Equivalent Benefit Units 845.85
Proposed Levy per Benefit Unit $125.26
Maximum Levy per Benefit Unit $164.67
Total Assessment Levy $105,951.17
Fund Balance Information
Beginning Operating Reserve Fund Balance $59,545.26
Operating Reserve Fund Adjustments $0.00
Anticipated Operating Reserve Fund Balance $59,545.26
Beginning Rehabilitation Reserve Fund Balance $488,243.74 Rehabilitation Reserve Fund Adjustments ($7,662.00)
Anticipated Rehabilitation Reserve Fund Balance $480,581.74 Anticipated Total Ending Fund Balance $540,127.00
City of V allejo
Marine World / Fairgrounds Landscape Maintenance District Fund Number 7722 (#186)
Estimate of Cost
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
Marin View LMD
This LMD is designated as Marin View Landscape Maintenance District and may be referred to as Marin View LMD.
Marin View LMD was formed July 13, 1999.
The LMD serves a residential neighborhood of 10 parcels located in north Vallejo and is fully developed.
Boundaries
The LMD lies within the City of Vallejo, generally located at the northern end of Pecan Court and bounded by Hickory and Pecan Streets.
Improvements
The LMD maintains landscaped areas and weed control zones found in the following areas:
The ornamental and native landscaping within the median island at the end of Pecan Court including ground cover, shrubbery, and trees Weed control in open space areas in the northwest corner and in the western portion of the LMD that assists in fire protection.
General Information
The property owners within the LMD approved the current assessment rate in Fiscal Year 1999-2000, but the assessment did not include an inflationary adjustment.
Although previous financial analysis of the LMD suggested that assessment revenues may not be adequate to fund the improvements, this funding issue resulted largely from one- time rehabilitation expense and district formation expense that were required due to the lack of maintenance in the area previously, which has generally been resolved over time.
A financial analysis of the LMD in fiscal year 2008-2009 indicated that the assessment revenues were sufficient to fund the maintenance of the improvements and did not require an assessment increase at that time. However, the revenues generated at the maximum assessment rate, limited possible funding for future rehabilitation or unforeseen expenses and without an annual inflationary adjustment, an assessment increase may be required in the near future.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025
LMD Budget
The following provides the proposed budget and assessment rate for fiscal year 2024-25 that is necessary to provide an appropriate level of maintenance for the LMD. The budget includes the City’s estimate of anticipated expenditures, revenues and fund balances required for the annual maintenance and operation of the improvements. The assessment rate derived from this budget and the established method of apportionment shall be used to calculate each parcel’s assessments for fiscal year 2024-25. The assessment rate derived from this budget is less than or equal to the previously approved maximum assessment rate for the LMD.
City of Vallejo
Landscape Maintenance Districts
Engineer’s Report, FY 2024-2025