Victorville City Council
October 17, 2023

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov
VICTORVILLE CITY COUNCIL
VICTORVILLE LIBRARY BOARD OF TRUSTEES
SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
THE CITY AS HOUSING ASSETS SUCCESSOR
JOINT POWERS FINANCING AUTHORITY
VICTORVILLE WATER DISTRICT
Regular Meeting Agenda
Tuesday, October 17, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session
The

City

Council

holds

its

business

meetings

in

public

in

accordance

with

the

requirements

of

the

Ralph
M.

Brown

Act,

its

established

policies

and

procedures,

and

its

adopted

parliamentary

authority.

The
Council

strives

to

carry

out

its

meetings

in

an

atmosphere

of

professionalism

with

full

participation

by
members

of

the

body

and

the

public.

As

such,

the

Presiding

Officer

is

empowered

to

govern

City

Council
Meetings

to

foster

the

efficient

and

fair

administration

of

City

business

and

reserves

the

right

to

enforce
(or

cause

to

be

enforced)

the

Meeting

Rules

of

Conduct

and

Decorum

as

set

forth

in

Chapter

5 of

the

City
Council Policy and Procedures Manual.

The

City

Council

welcomes

and

encourages

public

participation

and

invites

the

community

to
attend

in

person.

Now

that

COVID-19

cases

in

our

area

have

reduced

to

a

point

that

social
distancing

requirements

have

been

lifted,

City

Council

Meetings

will

be

held

in-person

at

City

Hall
in

Council

Chambers.

Remote

viewing

of

our

Council

Meetings

is

available

through

YouTube,

but
public comments must be given in-person at the meeting or in advance as noted below.

Public

Comments:

Members

of

the

public

may

submit

comments

electronically
to

[email protected]

by

4 p.m.

the

day

of

the

meeting

to

be

distributed

to

City

Council.

Participants

are

invited

to

address

the

Council

on

agendized

and

non-agendized

topics

at

the

beginning
of

the

meeting.

Public

comments

will

be

no

longer

than

three

(3)

minutes

per

community

member.

Should
a

speaker

conclude

their

comments

prior

to

the

expiration

of

three

(3)

minutes,

the

speaker

waives

the
right

to

speak

for

any

remaining

amount

of

time.

For

further

information

about

how

to

address

the

Council,
please refer to the City’s website at
victorvilleca.gov/government/agendas
.

In

compliance

with

the

Americans

with

Disabilities

Act,

if

you

need

special

assistance

to

participate

in

this
meeting,

please

contact

the

City

Clerk’s

office

at

(760)

955-5188

no

later

than

72 hours

prior

to

the
meeting.

5:00 p.m. Closed Session

Call to Order

Roll Call

Introduction to Public Comments

Public Comments for Closed Session Items

Declaration of Closed Session Item(s) by City Attorney

CITY COUNCIL

A.

CONFERENCE

WITH

LEGAL

COUNSEL

–

ANTICIPATED

LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Anticipation of litigation pursuant to Government Code Section 54956.9(d)(4) Based

on

existing

facts

and

circumstances,

the

legislative

body

of

the

local

agency
has decided to initiate or is deciding whether to initiate litigation

Recess to Closed Session

6:00 p.m. Regular Session

Call to Order

Roll Call

Closed Session Announcements by the City Attorney

Invocation: Elder Michael Reyes of Destiny Christian Center

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Conflict of Interest Declarations
Any

items

on

this

agenda

that

might

be

a

conflict

of

interest

to

any

Council
Members/Board Members should be identified at this time.

Introduction to Public Comments

Public Comments

PUBLIC HEARING(S)

1. Water

Service

Line

Replacement

Project,

Area

6 –

Approve

Notice

of

Exemption
and Award of Construction Contract

Recommendation:

That the Honorable Water District Board of Directors:
(1)

Open

and

conduct

a

Public

Hearing,

receive

testimony

regarding

the

proposed
capital improvement project (CIP);
(2) Close the Public Hearing;
(3)

Find

the

project

exempt

from

environmental

review

under

the

California
Environmental

Quality

Act

(CEQA)

pursuant

to

Section

15301(b)

of

the

CEQA
guidelines and Approve the Notice of Exemption; and
(4)

Award

a

construction

contract

to

Christensen

Brothers

General

Engineering,
Inc.,

in

the

amount

of

$2,631,405,

for

the

Water

Service

Line

Replacement

Project,
Area 6.

CONSENT CALENDAR

2. Minutes

of

the

August

8,

2023,

Special

City

Council

Meeting

and

the

August

15,
September 5, and September 19, 2023, Regular City Council Meetings

Recommendation:

That

the

Honorable

City

Council

approve

the

minutes

of

the

Special

City

Council
Meeting

held

on

August

8,

2023,

and

the

Regular

City

Council

Meetings

held

on
August 15, September 5, and September 19, 2023.

3. Second Reading of Ordinance No. 2444

Recommendation:

That

the

City

Council

adopt,

by

second

reading,

Ordinance

No.

2444

amending

and
revising

portions

of

Title

10 of

the

Victorville

Municipal

Code

relating

to

rates,

fees,
and charges for City sewer services.

4. Reduction of Securities for Tract Map No. 15598

Recommendation:

That

the

Honorable

City

Council

approve

the

release

of

the

Labor

&

Materials
securities for the Water, Sewer, Drainage, and LMAD Improvements.

5. Settlement Agreement between the City of Victorville and Judy Ng

Recommendation:

That

the

Honorable

City

Council

approve

the

Citation

Settlement

Agreement

by

and
between

Judy

Ng

and

the

City

of

Victorville

in

regard

to

Citation

No.

26437

and
authorize the City Manager to sign the Citation Settlement Agreement.

WRITTEN COMMUNICATIONS

6. Reclaimed Water Reservoir Grant

Recommendation:

That the Honorable Water District Board of Directors take the following actions:
(1)

Adopt

Resolution

No.

VWD

23-014

authorizing

staff

to

apply

for

a

Federal
Bureau

of

Reclamation

Grant

for

the

One

Million

Gallon

Reclaimed

Water

Reservoir
Project;
(2) Approve the District matching funds of 50% of the construction costs; (3)

Authorize

the

General

Manager

or

his

designee

to

process

all

documents
required for grant administration.

7. Bear

Valley

Road

Overhead

at

BNSF

Railroad

Project

-

Amendment

No.

1 to

the
Consultant

/

Professional

Services

Provider

Agreement

with

Parsons

Transportation
Group

Recommendation:

That

the

Honorable

City

Council

approve

Amendment

No.

1 to

the

Consultant

/
Professional

Services

Provider

Agreement

for

the

Bear

Valley

Road

bridge
construction

management

contract

with

Parsons

Transportation

Group,

Inc.,

in

an
amount not to exceed $260,000.00.

8. Wellness

Center

Project

-

Phase

1 Supplemental

Work

Order

(SWO)

Nos.

12 &

13 and Phase 2 Supplemental Work Order No. 11

Recommendation:

That the Honorable City Council approve the following:
(1)

Phase

1 -

SWO

No.

12 for

the

Wellness

Center

construction

contract

resulting

in
an increase not to exceed $51,189.83;
(2)

Phase

1 -

SWO

No.

13 for

the

Wellness

Center

construction

contract

resulting

in
a decrease of $120,670.75; and
(3)

Phase

2 -

SWO

No.

11 for

the

Wellness

Center

construction

contract

resulting

in
an increase not to exceed $67,019.57.

9. Approval

to

execute

an

amended

Interconnection

Facilities

Agreement

(“IFA”)

with
Southern California Edison (“SCE”)

Recommendation:

That

the

Honorable

City

Council

authorize

the

City

Manager

to

execute

an
amended Interconnection Facilities Agreement with Southern California Edison.

10. Purchase of Three (3) Zoll Cardiac Monitors

Recommendation:
​​That

the

Honorable

City

Council

authorize

the

City

Manager

to

execute

the
purchase

of

three

(3)

Zoll

cardiac

monitors

from

the

Zoll

Corporation

in

the

amount
of $​182,189.64.

11. Side

Letter

of

Agreement

#2

between

the

City

of

Victorville

and

the

Victorville
Professional Firefighters

Recommendation:

That

the

Honorable

City

Council

adopt

Resolution

No.

23-082

Approving

Side
Letter

of

Agreement

#2

between

the

City

of

Victorville

and

the

Victorville
Professional

Firefighters

and

authorize

the

City

Manager

to

execute

said

Side
Letter of Agreement

12. City Manager Reports

13. Discussion and Possible Action Regarding Upcoming Agenda Items

14. Reports from Council Members

Adjournment

Item Number: 1
City Council / Board of Directors
Public Hearing(s)
Meeting of: October 17, 2023
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Water Service Line Replacement Project, Area 6 – Approve Notice of Exemption and Award of Construction Contract
Recommendation:

That the Honorable Water District Board of Directors:
(1) Open and conduct a Public Hearing, receive testimony regarding the proposed capital improvement project (CIP);
(2) Close the Public Hearing;
(3) Find the project exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) of the CEQA guidelines and Approve the Notice of Exemption; and
(4) Award a construction contract to Christensen Brothers General Engineering, Inc., in the amount of $2,631,405, for the Water Service Line Replacement Project, Area

6. Fiscal Impact:

This action will result in a fiscal impact of $2,631,405. This project is funded by Water Fund, No. 410. An additional appropriation is not required. There are sufficient funds available in the current fiscal year budget to cover the planned expenses.

Budget Account Number: 4104500-52440-74496 - Service Line Replacement – Area 6 Budget Amount: $2,971,030.25
Strategic Plan Goal:

This item aligns with “Goal E Invest in Infrastructure" in the City of Victorville Strategic Plan 2023-2026. The project will replace old plastic water service lines that are prone to leaks with more durable and dependable copper pipes, thereby providing a more robust domestic water system.
3 3
2 3
Background:

The Water District has experienced a high number of leaks related to polyethylene (plastic) water service lines that were installed for many homes over the past 30 years or more. A water service line is a smaller water line (typically ¾-inch or 1-inch diameter for a single-family residence) that connects between a larger water main (typically an 8-inch diameter or more) and a water meter that serves a property. The City Standard Specifications now allow only copper pipes to be used for water service lines because the copper material has proven to be much more durable and dependable, with fewer cracks and water leaks.

There has been an ongoing program to gradually replace old plastic water service lines with copper material. Project Area 6 involves replacement of 638 plastic water service lines including service saddles to the north of Eucalyptus Street, south of Bear Valley Road, east of Mesa Linda Street and west of Amethyst Road as illustrated in Attachment A – Location Map.

Discussion:

It is a routine requirement to comply with the California Environmental Quality Act (CEQA) before construction starts on a capital improvement project. A Notice of Exemption, Attachment B, describes the project activities and states that the project is categorically exempt under CEQA section 15301c because the project involves replacing existing plastic water service lines.

This project was bid using the formal bidding procedures in accordance with Victorville Municipal Code §2.28.210 and the California Public Contract Code. Formal bidding procedures are used for public works contracts with an estimated cost in excess of five hundred thousand dollars. On August 1, 2023, a Notice Inviting Bids was e-mailed to potential bidders, posted on the City of Victorville website; in addition, it was also published in newspaper(s) of general circulation within the City. On September 12, 2023, seven (7) bids were received. The bid results are shown below:

Company Bid Amount
Christensen Brothers General Engineering, Inc. $2,631,405.00 Borden Excavating Inc. $3,092,092.00
Big Ben Engineering Inc. $3,140,720.00
T.E. Roberts Inc. $3,171,868.00
R.E. Chaffee Construction Inc. $3,245,635.00
High Desert Underground Inc. $3,824,608.29
The Van Dyke Corporation $4,738,528.00
The Engineer’s estimate for this project ranged from $1,800,000 to $2,000,000 based on a previous Service Line Replacement Project – Area 5 completed in 2021. The Engineer’s estimate was slightly under due to significant cost increases over the last few years in construction materials and labor.
3 3
2 3
After a review of the bid proposals, it was determined that the lowest responsive, responsible bidder is Christensen Brothers General Engineering, Inc., with a bid amount of $2,631,405.

Staff recommends that the Honorable Water District Board of Directors approve the Notice of Exemption and award a construction contract to Christensen Brothers General Engineering, Inc. (Attachment C), in the amount of $2,631,405, for the Water Service Line Replacement Project, Area 6.

Staff is available for any questions the Board may have.

Attachments:

A. Location Map
B. Notice of Exemption
C. Construction Agreement

ATTACHMENT A

ATTACHMENT B

Statutory Exemptions. State code number:

_______________________________________________
Print Form
Notice of Exemption Appendix E
From: (Public Agency): ____________________________
To: Office of Planning and Research
P.O. Box 3044, Room 113 _______________________________________________Sacramento, CA 95812-3044 County Clerk
(Address)
___________________________
___________________________
County of: __________________
Project Title: ____________________________________________________________________________ Project Applicant: ________________________________________________________________________ Project Location - Specific:

Project Location - City: ______________________ Project Location - County:

Description of Nature, Purpose and Beneficiaries of Project:
_____________________
Name of Public Agency Approving Project: _____________________________________________________ Name of Person or Agency Carrying Out Proj ect: ________________________________________________ Exempt Status: (check one):

Ministerial (Sec. 21080(b)(1); 15268);
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Reasons why project is exempt:

Lead Agency
Contact Person: ____________________________
Area Code/Telephone/Extension: _______________
If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No
Signature: ____________________________ Date:

Signed by Lead Agency
Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code. Date Received for filing at OPR:

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. _______________
Categorical Exemption. State type and section number: ____________________________________ ______________________________________________
______________ Title: _______________________
Revised 2011
City of Victorvile
14343 Civic Drive
Victorville,CA 92392
Service Line Replacement Project - Area 6
City of Victorville
(N) Bear Valley Rd (S) Eucalyptus St (W) Mesa Linda St (E) Amethyst Rd Victorville
San Bernardino
Replacement of 638 existing plastic water service lines that are prone to leak with new copper pipe proven to be more durable and dependable.

City of Victorville
Fredy Bonilla, City Engineer
x
Class 1 (15301-B)
This project involves replacing existing water services.

Fredy Bonilla
760-955-5170

ATTACHMENT C
1 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010

CONSTRUCTION CONTRACT BY AND BETWEEN

THE CITY OF VICTORVILLE AND
CHRISTENSEN BROTHERS GENERAL ENGINEERING, INC.

FOR
SERVICE LINE REPLACEMENT PROJECT – AREA 6,
CITY PROJECT NO. CC24-010
T
HIS CONSTRUCTION CONTRACT (the “Contract”) dated ______________________ for reference purposes only is made and entered into by and between the City of Victorville, a municipal corporation and charter city located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Christensen Brothers General Engineering, Inc., a California corporation, hereinafter referred to as the “Contractor”. The City and Contractor are sometimes hereinafter referred to as a “Party” and collectively referred to as the “Parties.” RECITALS:

WHEREAS, the City requires construction of Service Line Replacement Project – Area 6, as more fully described in the solicitation documents issued by the City for Project No. CC24- 010 (the “Project”); and
WHEREAS, on August 8, 2023, the City issued a Notice Inviting Bids and solicitation documents to prospective bidders for the Project. In response, Contractor submitted a Bid which the City determined to be the lowest responsive and responsible bid; and WHEREAS, Contractor is a duly organized Corporation in good standing in the State of California, and represents that it has the background, knowledge, experience, expertise and resources to perform the Work and other obligations encompassed by this Contract; and WHEREAS, at its meeting held on ________________________, the Victorville City Council duly accepted Contractor’s Bid for the Project and directed that a written agreement for the Project be entered into with Contractor; and
WHEREAS, in light of the facts set forth above and the certifications made by Contractor as part of its Bid, the City desires to retain Contractor to perform the construction Work for the Project as set forth in this Contract and in the Contract Documents, as hereinafter described.

NOW, T HEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS,

AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE PARTIES HERETO AGREE AS FOLLOWS:

Section 1. RE CITALS
The Recitals set forth above are true and correct and are hereby incorporated into this Contract by this reference, as though set forth herein.
2 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Section 2. CONTRACT DOCUMENTS; ORDER OF PRECEDENCE
a. Contract Documents. The Contract Documents consist of the following documents, all of which are either attached hereto as exhibits or are incorporated herein by this reference.

Said Contact Documents are complementary; what is called for in one is binding as if called for in all, and together constitute Contractor’s performance obligations:
(1) This Contract and its attached Exhibits, subject to the limitations in Sections 9 and 20 with respect to Exhibit “A” (Contractor’s submitted Bid Proposal as accepted by the City);
(2) Change Orders issued and approved by the City;
(3) Regulatory Permits from other agencies specified in Appendices A and B of the bid package or as may otherwise be required by law;
(4) Bid Addenda issued by the City;
(5) Notice Inviting Bids and Instructions to Bidders;
(6) Special Provisions
(7) Greenbook 2021 Edition
(8) Appendices
(9) Plans
(10) Bid Forms and attachment thereto;
(11) Faithful Performance Bond;
(12) Payment Bond.
b. Interpretation. In the event of any conflict between any of the Contract Documents, the document hi ghest i n the order o f p recedence (from hi ghest t o lowest), as se t forth in Subsection a. above shall control.
c. Definitions. Unless specifically defined or assigned a meaning in this Contract, or the context clearly indicates otherwise, capitalized terms herein shall have the meaning assigned to them in the “Definitions” section of the Instructions to Bidders document.

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

Bonilla, City Engineer, or his/her designee (hereinafter the “Project Manager”).

Section 4. CONTRACT PRICE; PAYMENT AND RETENTION
a. As full and complete compensation for Contractor’s timely performanc e and c
ompletion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor Two Million Six Hundred Thirty -one Thousand Four Hundred Five and 00/100 Dollars, ($2,631,405.00) (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with Contractor’s Bid Proposal (attached hereto as Exhibit “A” ) subject to the provisions of this Contract and the Contract Documents.
3 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 b. Procedures relating to payment and retention are set forth in the Special Provisions.

Section 5. CO NTRACT TIME; NOTICE TO PROCEED
a. Contract Time. The Work under this Agreement shall be diligently prosecuted to completion before expiration of Ninety (90) WORKING DAYS, commencing within Fifteen ( 15) calendar days after the issuance of the Notice to Proceed. The City will not issue a Notice to Proceed to the Contractor until this Contract, including bonds and insurance documents, have been executed and/or approved by the City.
b. Notice to Proceed. No work, service, material, or equipment shall be performed or furnished under this Contract unless and until a Notice to Proceed has been given to the Contractor by the City. Contractor shall commence Work pursuant to the Contract Documents and as directed by the City in the Notice to Proceed, and diligently execute the same to completion within the Contract Time.

Section 6. DIS

PUTE RESOLUTION AND CLAIMS PROCEDURES
a. Public Contract Code Section 9204. For purposes of any Public Works Claims filed by a Contractor or Subcontractor (as those terms are defined in Public Contract Code Section 9204) under this Contract, the claims procedures in Public Contract Code Section 9204 (“Section 9204”) and the provisions of this Section shall apply. Public Contract Code Section 9204 is set forth in full in Section 2-10 of the Special Provisions. i) I
n the event of a Section 9204 Public Works Claim, Contractor may not stop working pending resolution of the dispute but must continue to comply with its duty to diligently prosecute the performance and timely completion of the Work during the Section 9204 process.
ii) Any Public Works Claims not resolved by the Section 9204 procedures (and/or any tort claims) shall be subject to Section 2.24.020 of the Victorville Municipal C ode
(
“VMC”) and the provisions of the Government Claims Act (Government Code section 810 et seq.).
b.

For disputes or claims that do not constitute Public Works Claims, City and Contractor agree to comply with the following process:
• Each Party shall designate a senior management or executive level representative to negotiate any dispute.
• The representatives shall attempt, through good faith negotiations, to resolve t he
di
spute by any means within their authority.
• If the issue remains unresolved after ten (10) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiation between the legal counsel for each Party. If the above process fails, the Parties may mutually agree to engage in non-binding mediation or arbitration in which the Parties equally share the costs of any mediator or arbitrator, or may proceed with suit or other remedies, subject to the provisions of subparagraph (5) of this Subsection and other applicabl e
pr
ovisions and laws.
• The alternative dispute resolution process set forth herein is a material condition to Contract and must be exhausted as an administrative remedy prior to either Party initiating legal action.
4 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 • Compliance with VMC Section 2.24.020 and the provisions of the Government Claims Act (Government Code section 810 et seq.) is also required prior to initiating suit again the City.

Section 7. T ERMINATION OF AGREEMENT FOR CONVENIENCE
a. The City may, by providing thirty (30) days' advance written notice to Contractor, terminate this Agreement in whole or in part, whenever the City shall determine that such termination is in the best interests of the City, or when it becomes impracticable or impossible to proceed, or because of conditions or events beyond the control of the City. Any such termination shall be affected by delivery to Contractor of a Notice of Termination for Convenience, specifying the extent to which performance of Work under this Agreement is terminated, and the date upon which such termination becomes effective. Upon such termination, the obligations of the Contractor for portions of the Work already performed shall continue. b. Upon receipt of a Notice of Termination for Convenience, the Contractor shall, unless the notice directs otherwise, do the following:
(1) Immediately discontinue the Work to the extent specified in the notice. (2) Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion(s) of the Work that are not to b e
di
scontinued.
(3) Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the Work. (4) Thereafter do only such Work as may be necessary to preserve and protect the Work already in progress and to protect materials, plants, and equipment on the Project site or in transit thereto.
c. Upon such termination, the Contractor will be paid without duplication for:
(1) Work completed in accordance with the Contract Documents prior to the effectiv e
dat
e of the Notice of Termination for Convenience;
(2) Reasonable costs incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and
(
3) Reasonable expenses directly attributable to termination.

T
he Contractor shall submit a final termination settlement proposal to the City no later than ninety (90) d
ays from the effective date of termination, unless extended in writing by the City, upon written r
equest by the Contractor. If the Contractor fails to submit a proposal, the City may determine the amount, if any, due the Contractor as a result of the termination. The City will pay the Contractor the am
ount it determines is reasonable. If the Contractor disagrees with the amount determined by the C
ity as being reasonable, the Contractor shall provide notice to the City within thirty (30) Days of receipt of payment. Any amount due shall be subject to the dispute resolution provisions set forth in the Contract Documents.
d. C
ontractor shall include provisions in all of its subcontracts, purchase orders, and other contracts permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor than are afforded to Contractor under this Section 7.
5 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Section 8. TERMINATION FOR CONTRACTOR’S DEFAULT
a. Default. The City may terminate this Contract for Contractor’s default as set forth in this Section. The City will consider the Contractor in default of this Contract if, prior to the City’s acceptance of the Work, the Contractor:
(1) bec omes insolvent, assigns its assets for the benefit of its creditors, is unable to pay its debts as they become due, or is otherwise financially unable to complete the Work; (2) abandons the Work by failing to report to the Work site and diligently prosecute the W
ork to completion;
(3) disregards written instructions from the City or materially violates provisions of the Contract Documents;
(4) fails to prosecute the Work according to the schedule approved by the Engineer, (
5) disregards laws or regulations of any public body having jurisdiction, or (6) commits continuous or repeated violations of regulatory or statutory safety requirements.

Notices, and other written communications regarding default between the Contractor, the City, and the Surety shall be transmitted in accordance with Section 21 of this Contract. b. N otice and Opportunity to Cure . The City will issue a written notice to cure the default to the Contractor and its Surety. The Contractor shall commence satisfactory corrective actions within five (5) Working Days after receipt. If the Contractor fails to commence satisfactory corrective action within five (5) Working Days after receipt of the notice to cure, or to diligently continue satisfactory and timely correction of the default thereafter, the City will consider the Contractor in default of the Contract and:
(1) w
ill terminate the Contractor’s right to perform under the Contract by iss uing a written notice of termination for default to the Contractor and its Surety; (2) may use any materials, equipment, tools or other facilities furnished by the Contractor to secure and maintain the Work site, and
(3) may furnish labor, equipment, and materials the City deems necessary to secure and maintain the Job Site;
c. R
emedies Cumulative. The provisions of this Section shall be in addition to all other legal rights and remedies available to the City. Termination of this Contract will not relieve the Surety of its obligation for any just claims arising out of the Work performed.

Section 9. PREVA ILING WAGE
a. Compliance with State Prevailing Wage Requirements. Pursuant to Labor Code Section 1773, the City has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in San Bernardino County, California from the Director of the Department of Industrial Relations (DIR) for each craft, classification, or type of worker needed to perform the Work required under this Contract. A copy of these prevailing wage rates are on file at the City’s Finance Department/Purchasing Division and shall be made available for review to any interested party on request. In addition, a copy of the prevailing rate of per diem wages may be obtained via the internet at: http://www.dir.ca.gov/DLSR/PWD.

Contractor and all
Subcontractors shall pay not less than said specified State of California rates to all workers employed by them in the execution of the Work contemplated by this Contract, including workers performing Work covered by under Labor Code Sections 1720 and 1720.9. Contractor shall be 6 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 responsible for using the correct and current prevailing wage rates. Contractor shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Contractor from the responsibility for payment of the correct prevailing wage.
b. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the terms of this Section 9 and the provisions of Exhibit “A”, the terms of this Section 9 shall control and nothing herein shall be considered as an acceptance of the terms of Contractor’s Submitted Bid Proposal conflicting with the requirements of this Section 9.
c. Payroll Records. Contractor must comply with the provisions of Labor C ode sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq . (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR.
(1) Contractor and Subcontractor Obligations. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employ ee em
ployed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
(a) The i nformation contained in the payroll record is true and correct; and (b) Contractor or the Subcontractor has complied with the requirements of Labor Code §§ 1771, 1811, and 1815 for any Work performed by its employees on the Project.
(2) Ce
rtified Record . A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(3) E nforcement. Upon notice of noncompliance with Labor Code § 1776, Contractor or Subcontractor has ten days in which to comply with the requirements of this section. If Contractor or Subcontractor fails to do so within the ten- day period, Contractor or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Contractor. d. Apprentices. Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
e. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all Job Site notices, including prevailing wage rates and other notices as required by regulation. f. Other Labor Requirements. Contractor has the responsibility for and shall comply with all other requirements of California Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Contractor further acknowledges and agrees that it will be 7 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Contractor will require the same of all its Subcontractors. g. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows:
(1) P ursuant to Labor Code section 1775, the Contractor and any Subcontractor under it shall forfeit as a penalty to the City not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevaili ng w
age rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Contract by it or by any Subcontractor under it. The difference between such prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor. (2) The Contractor or Subcontractor shall, as a penalty to the City, forfeit twenty -fiv e
dol
lars ($25) for each worker employed in the execution of this Contract by the respective contractor or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this subsection. In awarding any contract for public work, Contractor must forfeit to City Twenty -five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Contractor does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., ei
ght (8) hours is the legal working day.
h. DIR Monitoring. Pursuant to Labor Code § 1771.4, the Contract for this Project is subject to compliance monitoring and enforcement by the DIR. i. DIR Registration . Pursuant to Labor Code sections 1725.5 and 1771.1, the Contractor and its Subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Contract, Contractor represents that it is aware of the registration requirement and is currently registered with the DIR. Contractor shall maintain a current registration for the duration of the Project. Contractor shall further include the requirements of Labor Code sections 1725.5 and 1771.1 in any subcontract and ensure that all Subcontractors are registered at the time this Contract is entered into and maintain registration for the duration of the Project.

Section 10. L

IQUIDATED DAMAGES
If Contractor fails to complete the Work within the Contract Time, City will assess liquidated damages in the amount of Two Thousand Dollars ($2.000.00) per day for each day of unexcused delay in completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.

Section 11. C OMPLIANCE WITH LAWS
Contractor shall comply with all Laws applicable to the performance of the Work required by the Contract Documents, including any rule, regulation, or bylaw governing the conduct or performance of Contractor, its employees, officers, board members, agents, independent contractors, and Subcontractors. Unless otherwise specified in the Contract Documents, all required permits and licenses, including a City business license, shall be held or obtained by the Contractor at its sole expense and prior to commencing any Work hereunder. 8 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Section 12. WORKERS’ COMPENSATION CERTIFICATION
Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
Section 1

3. INSURANCE
a. Contractor shall procure and maintain at its own expense at all times during the per
iod covered by this Contract (and through the one- year guarantee period following the date of City’s acceptance of the Project) the following policies of insurance:
(1) Commercial General Liability (“CGL”) Insurance: Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence resulting from the acts or omissions o f
t
he Contractor or its officers, employees, servants, volunteers, and agents, and independent contractors. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. (2) Commercial Vehicle Liability Insurance: Covering person injury and property damage, of not less than Five Million Dollars ($5,000,000) combined single limit, covering any vehicle utilized by Contractor or its officers, employees, servants, volunteers, or agents and independent contractors in performing the Work required by this Contract.. (3) Workers’ Compensation Insurance : Providing coverage as required by the California State Workers’ Compensation Law and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. If any class of employees employed by Contractor is not protected by the California State Workers’ Compensation Law, Contractor shall provide adequate insurance for the protection of such employees to the satisfaction of the City.
(4) Course of Construction, Builders’ Risk, or Inland Marine Insurance for Work on Site: Issued on an occurrence basis, for all- risk or “all perils” coverage on a 100% completed value basis on the insurable portion of the Project for the benefit of City, that offers “Installation” coverage for all materials, supplies, equipment, and property obtained by, or for Contractor, which is to become part of the Work while such equipment and pr
operty is stored at the jobsite, at temporary locations, or while in transit to the Project from such temporary locations. Contractor shall also be responsible for insuring its owned, leased/rented, or borrowed equipment.
(a) City of Victorville shall be named as a Loss Payee as their interest may appear
(b) If the Project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the 9 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Project/Work site.
b. Additional Insurance Requirements. With respect to the policies of insurance set forth above, compliance with the following is also required:
(1) A dditional Insureds. Notwithstanding any inconsistent statement in any requir ed insurance policies or any subsequent endorsements attached thereto, the protection offered by all policies, except for Workers' Compensation coverage, shall bear an endorsement whereby it is provided that, the City and its elected or appointed officials, officers, employees, servants, volunteers, agents and independent contractors, including, without limitation, the City Attorney, are named as Additional Insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City of Victorville, its officers, officials, employees, agents, or volunteers. (2) Waiver of Subrogation Rights. Contractor shall require the carriers of all requir ed insurance policies to waive all rights of subrogation against the City and its elected or appointed officers, officials, volunteers, employees, contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. (3) Sufficiency of Insurers. Contractor must secure all policies of insurance required by this Contract from a good and responsible company or companies authorized to do insurance business in the State of California, with an AM Best’s rating of not less than A;VII.
(4) Proof of Insurance Coverage Required Prior to Commencement of Work. W i thin ten (10) days of the date Contractor receives this Contract from the City for executi on (
following award of same by the City Council), certificates of insurance evidencing the policies of insurance, coverages, and endorsements required by this Contract and satisfactory to and approved by the City shall be furnished by Contractor to the City’s Risk Manager. In no event shall any Work on the Project be permitted to commence until adequate proof of insurance and endorsements have been so furnished. (5) Special Provisions. Any additional insurance requirements set forth in Section 5- 4 of the Special Provisions shall also apply to this Contract. (6) Other Required Endorsements.
(a) The policies shall be endorsed to provide that in the event of cancellati on or
amendment of any required insurance policy for any reason whatsoever, the City shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non- payment, ten (10) days advance written notice shall be given. (b) The CGL and vehicle liability policies shall be endorsed as Primary and Non-contributory.
c. S ubcontractors . Contractor must ensure that each Subcontractor is required to obtain and maintain the same insurance coverage required under this Section 13 with respect to its performance of Work on the Project, including those requirements related to the Additional Insureds and waiver of subrogation. Contractor must confirm that each Subcontractor has complied with these insurance requirements before the Subcontractor is permitted to begin Work on the Project. Upon request by the City, Contractor must provide certificates and endorsements submitted by each Subcontractor to prove compliance with this requirement. The insurance requirements for Subcontractors do not replace or limit the Contractor’s insurance obligations.

Section 14. R
eserved.
10 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Section 15. TIME OF THE ESSENCE
Time is of the essence in the performance of this Contract.

Section 1 6. INDEMNIFICATION
a. Notwithstanding the limits of any insurance and to the fullest extent permitted b
y law, Contractor shall indemnify the City, its elected or appointed officials, officers, agents, volunteers and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (hereinafter " Claims or Liabilities ") that may be asserted or claimed by any person, firm or entity arising or alleged to arise out of or in connection with the performance of the Work, operations, or activities of Contractor, its agents, employees, Subcontractors, or invitees on the Project, or arising or alleged to arise from the acts or omissions of Contractor hereunder, or arising or alleged to arise from Contractor's performance of or failure to perform any term, provision, covenant or condition of this Contract, but excluding such Claims or Liabilities or portion of such Claims or Liabilities arising or alleged to arise from the active negligence, sole negligence, or willful misconduct of the City, its elected or appointed officials, officers, agents, volunteers, or employees, and in connection therewith:
(1) Contractor will defend any action or actions filed in connection with any of said Claims or Liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith;
(2) Contractor will promptly pay any judgment rendered against the City, its elected or appointed officials, officers, agents, volunteers, or employees for any such claims or liabilities arising or alleged to arise out of or in connection with Contractor's (or its agents', employees', Subcontractors' or invitees') performance of or failure to perform such Work, operations or activities hereunder; and Contractor agrees to save and hold the City, its elected or appointed officials, officers, agents, volunteers and employees harmless therefrom;
(3) In the event the City, its elected or appointed officials, officers, agents, volunteers, or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising or alleged to arise out of or in connection with the performance of or failure to perform the Work, operation, or activities of Contractor hereunder, Contractor shall pay to the City, its elected or appointed officials, officers, agents ,volunteers, or employees, any and all costs and expenses incurred by the City, its elected or appointed officers, officials, agents, volunteers, or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees for counsel acceptable to City;
(4) Contractor's duty to defend, indemnify, and hold harmless as set out in this Section shall include any claims, liabilities, obligations, losses, demands, actions, penalties, suits, costs, expenses or damages or injury to persons or property arising or alleged to arise from, in connection with, as a consequence of, or pursuant to any state or federal law or regulation regarding hazardous substances, including but not limited to, the Federal Insecticide, Fungicide and Rodenticide Act ("FIFRA"), Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), Resource Conservation and Recovery Act of 1976 ("RCRA"), the Hazardous and Solid Waste Amendments of 1984, the Hazardous Material Transportation Act, the Toxic Substances Control Act, the Clean Air Act, the Clean Water Act, the California Hazardous Substance Account Act, the California Hazardous Waste Control Law or the Porter - 11 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Cologne Water Quality Control Act, as any of those statutes may be amended from time to time.
b. City will timely notify Contractor upon receipt o f any third-party claim relating to t
he Contract, as required by Public Contract Code § 9201. The Contractor's indemnification and defense obligations pursuant to this Section shall survive the termination of this Contract.

Contractor shall require the same indemnification from all Subcontractors.

Section 17. RE PORTS; BOOKS AND RECORDS; AUDIT
a. Upon request by the Project Manager Contractor shall prepare and submit reports concerning Contractor's performance of the Work required by this Contract. b. Contractor shall keep such books and records as shall be necessary to perform the work required by this Contract and enable the Project Manager to evaluate the cost and the performance of such Work.
c. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. The Project Manager shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Contractor hereunder shall be retained by Contractor and made available to the Project Manager for purposes of performing an audit for a period of five (5) years from the date of termination of this Contract.

Section 1 8. MODIFICATIONS AND AMENDMENTS
This Contract may be modified or amended only by written Change Orders as specified in the Contract Documents or a written instrument signed by both Parties.

Section 19. E NTIRE AGREEMENT
a. This Contract supersedes any and all prior or contemporaneous agreements, either oral or written, between the City and Contractor with respect to the subject matter of this Contract.
b. The Contract Documents contain all of the covenants and agreements between the Parties with respect to the subject matter herein, and each Party acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any Party, except those covenants and agreements in this Contract and the Contract Documents incorporated herein.
c. No agreement, statement, or promise with respect to the subject matter of the Contract Documents, which is not contained in the Contract Documents, or in a valid modification or amendment to the Contract Documents, shall be valid or binding on either Party.

Section 20 . AMBIGUITIES
This Contract is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Contract. Notwithstanding the foregoing, the Parties agree that Exhibit “B” is attached hereto for reference purposes, and to the extent there are any ambiguities, inconsistencies, or conflicts between the terms of this 12 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Contract and Exhibit “B”, the terms of this Contract shall control and nothing set forth in Exhibit “B” shall be deemed to supersede any of the provisions of this Contract.

Section 21 . NOTICES
a. Any notice to be provided pursuant to this Contract shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows:

To City:

To C
ontractor:

Fredy A. Bonilla, City Engineer
Engineering Department City of Vic torville
14343 Civic Drive
Victorville, CA 92392
Caleb Christensen, CEO President
Christensen Brothers General Engineering, Inc.
21834 Bear Valley Rd.

Apple Valley, CA 92308
T
o Surety: _______________________________
_______________________________
_______________________________
_______________________________
_______________________________
b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. c. Either Party, or the surety, may change its address by giving notice in writing to all other parties listed above, and thereafter notices shall be addressed and transmitted to such new address.

Section 22.

NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer or employee of the City shall be personally liable to Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to Contractor or to its successor(s), or for any breach of any obligation of the terms of this Contract.

Section 23 . REVIEW BY ATTORNEYS
Each Party hereto has had its attorneys review this Contract and all related documents. Each Party hereto has consulted with its attorneys and has negotiated the terms of this Contract based on such consultation.

Section 2 4. BONDS
Concurrently with the execution of this Contract by the Contractor, and before the commencement of any Work, Contractor shall furnish to the City a Faithful Performance Bond, and a Payment (Labor and Materials Bond) each in an amount equal to one hundred percent (100%) of the Contract Price written on the forms included in the Contract Documents. These bonds must remain in force until the later of (1) the expiration of the one- year guarantee period; or (2) on one year from the date of completion of the corrective Work. Such bonds must be issued by a responsible corporate 13 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Surety, licensed and authorized to issue such bonds in the State of California with an AM Best’s Rating of at least A: VII.

Section 25. CARE OF WORK
Contractor must adopt reasonable methods during the life of the Contract to furnish continuous protection to the Work, and the equipment, materials, papers, documents, plans, studies, and other components to prevent losses or damages, and will be responsible for all damages, to persons or property, until acceptance of the Work by the City, except those losses or damages as may be caused by the City’s own negligence. The performance of the Work by Contractor or the payment of money by the City shall not relieve Contractor from any obligation to correct any incomplete, inaccurate, or defective Work (including the obligation to remedy any defective Work or materials during the one-year guarantee period after the City’s acceptance thereof) at no further cost to the City.

Section 26.

CAPTIONS AND HEADINGS
The captions and headings contained in this Contract are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading.

Section 27. OWNERSHIP OF DOCUMENTS
No portion of the Contract Documents may be used for any purpose other than construction of the Project, without prior written consent from City. Contractor is deemed to have conveyed the copyright in any designs, drawings, specifications, Shop Drawings, or other documents (in paper or electronic form) developed by Contractor for the Project, and Cit y will retain all rights to such works, including the right to possession.

Section 28.

SUCCESSORS, HEIRS, AND ASSIGNS
Except as otherwise expressly provided herein, this Contract shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. This Contract may not be assigned or transferred by Contractor without the concurrence of the surety and express written consent of the City.

Section 29. GENDER; PLURAL
In this Contract, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another.

Section 30. SEVER ABILITY
If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Contract and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein.

Section 31. GOV ERNING LAW
The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the Parties under this Contract, shall be construed pursuant to and in accordance with California law.
14 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Section 32. CUMULATIVE REMEDIES
Except with respect to rights and remedies expressly declared to be exclusive in this Contract, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party.

Section 33 . VENUE
All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Contract and all proceedings involving any enforcement action related to this Contract shall be initiated and conducted in the applicable court or forum in San Bernardino County, California.

Section 34 . EFFECTIVENESS OF CONTRACT
This Contract shall not be binding upon the City until signed by the authorized representative(s) of Contractor, approved by the City’s Risk Manager, and executed by the authorized City personnel or the Mayor.

Section 35. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING

CONTRACT
Each of the Parties to this Contract hereby represents that all necessary and appr opriate actions of their governing bodies have been taken to make this Contract a binding obligation of each of the Parties hereto. The persons executing this Contract warrant that they are duly authorized to execute this Contract on behalf of and bind the Parties each purports to represent.

Section 36. W AIVER
No delay or omission in the exercise of any right or remedy by a non- defaulting Party on any default under this Contract shall impair such right or remedy or be construed as a waiver. A Party's consent to or approval of any act by the other Party requiring the Party's consent or approval shall not be deemed to waive or render unnecessary the other Party's consent to or approval of any subsequent act. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Contract.

Section 37. I NDEPENDENT CONTRACTOR STATUS
Contractor is an independent contractor. All persons working for or under the direction of the Contractor are the Contractor's employees, agents, or subcontractors, and they shall not be deemed agents, servants, or employees of the City.

Section 38. CO

UNTERPARTS
This Contract may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Contract.

Section 39. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by Law to be inserted in this Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not currently inserted, then upon application of either Party the Contract shall forthwith be physically amended to make such insertion or correction.
15 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Section 40. ATTORNEY'S FEES
If either Party commences an action against the other Party, either legal, administrativ e, or otherwise, arising out of or in connection with this Contract, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorney's fees and all other costs of such action.
(E
ND OF THIS PAGE – SIGNATURE PAGE FOLLOWS)
16 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 IN WITNESS WHEREOF, the Parties hereto have caused this Contract to be executed as of the dates written below.

THE CI

TY OF VICTORVILLE CHRISTENSEN BROTHERS
GENERAL ENGINEERING, INC.

By: By: _____________________________
Debra Jones , Mayor Caleb Christensen, CEO President
Dated: Dated: __________________________
AT
TEST
By:

Jennifer Thompson, Ci ty Clerk
Dated:

AP

PROVED AS TO STANDARD FORM
By:

Andre de Bortnowsky, City Attorney
Dated:

THE C

ITY OF VICTORVILLE
By:

Sandra Bostick, Risk Manager
Dated:
17 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010

EXHIBIT A

SCOPE OF WORK
City agrees to engage Contractor and Contractor agrees to furnish all necessary labor, tools, materials, and equipment for and do the Work for the Project. The Work shall be performed in accordance with: (i) the Plans and Specifications and applicable Addenda (as generally described in the Request for Bid, Project Number CC24-010, for the Project, and the entirety of which is currently on file in office of the City Clerk); (ii) the prices set forth in Contractor’s Bid Proposal (attached as Exhibit "B"); and (iii) with the instructions of the City Engineer. 18 Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010

EXHIBIT B
C

ONTRACTOR'S BID PROPOSAL

EXHIBIT B
19/Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010

EXHIBIT B
20/Construction Contract/Christensen Brothers General Engineering, Inc./Project CC24-010 Item Number: 2
City Council / Board of Directors
Consent Calendar
Meeting of: October 17, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Minutes of the August 8, 2023, Special City Council Meeting and the August 15, September 5, and September 19, 2023, Regular City Council Meetings Recommendation:

That the Honorable City Council approve the minutes of the Special City Council Meeting held on August 8, 2023, and the Regular City Council Meetings held on August 15, September 5, and September 19, 2023.

Fiscal Impact:

There is no fiscal impact as a result of this action.

Attachments: A. Minutes of the August 8, 2023, Special City Council Meeting B. Minutes of the August 15, 2023, Regular City Council Meeting C. Minutes of the September 5, 2023, Regular City Council Meeting D. Minutes of the September 19, 2023, Regular City Council Meeting Attachment A

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov

VICTORVILLE CITY COUNCIL

VICTORVILLE LIBRARY BOARD OF TRUSTEES

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

THE CITY AS HOUSING ASSETS SUCCESSOR

JOINT POWERS FINANCING AUTHORITY

VICTORVILLE WATER DISTRICT

Special Meeting Minutes
Tuesday, August 8, 2023

5:00 p.m. Special Session

5:00 p.m. Special Session

Call to Order

Roll Call

Present: Mayor Pro Tem Becerra, Council Member Gomez, Council Member Irving, Mayor Jones, Council Member Harriman

Absent: None

Also Present:

City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky

Invocation: Mayor Jones

Pledge of Allegiance: Police Lieutenant Marc Bracco

City Clerk Presents Agenda/Revisions to Agenda

City Clerk announced one (1) revision.

Revision to agenda item 1: Staff Report under Discussion Section Page 7 , has been revised to reflect correct savings of $1.90 a month for residents who cancel extra trash cart. Survey revision to “Exhibit 1” to Resolution 23-068 Solid Waste Rate Study Technical Memo the Solid Waste Rate Schedule Commercial Bins International Compactors Table has been expanded to illustrate proposed monthly rates instead of proposed rates per pick up.

Conflict of Interest Declarations

There were no conflicts of interest reported.

Public Comments

None

WRITTEN COMMUNICATIONS

1. Proposed Resolution No. 23-068 to Accept the 2023 Solid Waste Rate Study; Set the Date, Time, and Location for a Public Hearing on Proposed Adjustments to Rates and Fees for Solid Waste Services; and Authorize Preparation and Mailing of Notices of Public Hearing in Accordance with Proposition 218.

Recommendation:

Staff recommends that the Honorable City Council adopt Resolution No. 23 -068 to:
(1) Accept the 2023 Solid Waste Rate Study;
(2) Set October 3, 2023, as the date for the Public Hearing on the proposed adjustments to the City’s rates and fees for Solid Waste Services; and (3) Authorize City Staff to prepare and mail Notices of the Public Hearing in accordance with Proposition 218.

A presentation was provided by Greg Clumpner of NBS

Questions ensued

Motion was made to approve staff recommendation s

Moved: Mayor Jones
Seconded: Councilmember Irving

Comments ensued

Motion passed 4-1

Ayes: Mayor Pro Tem Becerra, Councilmember Irving, Mayor Jones, Voting Member Harriman
Noes: Councilmember Gomez

2. Proposed Resolution No. 23 -063 to Accept the 2023 Sewer Rate Study; Set the Date, Time, and Location for a Public Hearing on Proposed Adjustments to Sewer Service Rates; and Authorize the Preparation and Mailing of Notices of Public Hearing in Accordance with Proposition 218.

Recommendation:

Staff recommends that the Honorable City Council adopt Resolution No. 23 -063 to:
(1) Accept the 2023 Sewer Rate Study;
(2) Set October 3, 2023, as the date for the Public Hearing on the proposed adjustments to the City’s Sewer Service Rates; and
(3) Authorize City Staff to prepare and mail Notices of the Public Hearing in accordance with Proposition 218.

A presentation was provided by Greg Clumpner of NBS

Questions ensued

Motion was made to approve staff recommendation s

Moved: Mayor Pro Tem Becerra
Seconded: Voting Member Harriman

Comments ensued

Motion passed 4-1

Ayes: Mayor Pro Tem Becerra, Councilmember Irving, Mayor Jones, Voting Member Harriman
Noes: Councilmember Gomez

Adjournment

Mayor Jones adjourned the meeting at 6:19 pm

Attest:

____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Attachment B

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov

VICTORVILLE CITY COUNCIL

VICTORVILLE LIBRARY BOARD OF TRUSTEES

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

THE CITY AS HOUSING ASSETS SUCCESSOR

JOINT POWERS FINANCING AUTHORITY

VICTORVILLE WATER DISTRICT

Regular Meeting Minutes
Tuesday, August 15, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session

5:00 p.m. Closed Session

Call to Order

Roll Call

Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: None

Public Comments for Closed Session Items

None

Declaration of Closed Session Item(s) by City Attorney

City Attorney Andre De Bortnowsky announced three (3) closed session items as set forth on the agenda.

CITY COUNCIL

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

Recess to Closed Session

6:00 p.m. Regular Session

Call to Order

Roll Call

Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: None

Also Present:

City Manager Keith Metzler, Deputy City Manager Sophie
Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky

Closed Session Announcements by the City Attorney

City Attorney Andre De Bortnowsky announced three (3) closed session items as set forth on the agenda. There were no reportable actions with respect to these items.

Invocation: Mayor Jones

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Agenda presented with no revisions reported.

Conflict of Interest Declarations

There were no conflict s of interest reported

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments .

Public Comments

The following people spoke:

Cade Johnson spoke on general items

Caitlyn Quick spoke on general items

Diego Reyes spoke on general items

Keshawn Franklin spoke on general items

PUBLIC HEARING(S)

1. An Amendment to a Development Agreement Between the City of Victorville and SLPR, LLC to Update the Term of the Existing Agreement and Allow for an Additional One-year Extension of Time for Tentative Tract Map 14525, as well as Add a Community Facilities District Obligation and Update Noticing Addresses on Property Located West of and Abutting Stoddard Wells Road, South of I nterstate 15, and Approximately 2,000 Feet North of D Street

Recommendation:

That the Honorable City Council:
(1) Open and conduct a Public Hearing;
(2) Close the Public Hearing;
(3) Introduce Ordinance No. 2442 for adoption and first reading by title only for the Development Agreement Amendment between the City of Victorville and SLPR, LLC; and
(4) Waive further reading in full of proposed Development Agreement Ordinance No. 2442.

Questions ensued

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

Motion was made to approve staff recommendation s

Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

2. An Amendment to the Victorville Municipal Code with an Environmental Exemption Introducing Various Updates to Title 16 Including, but not Limited to, Standards for Off-street Parking Facilities for Recreational Vehicle Parking and Parking Stalls Abutting Obstructions, and Updates to Accessory Dwelling Unit Standards and the Addition of Junior Accessory Dwelling Allowances in Accordance with State Law

Recommendation:

That the Honorable City Council conduct a public hearing, receive public testimony, and take the following actions:
(1) Find the Victorville Municipal Code Amendment categorically exempt per CEQA Guidelines Section 15061(b)(3); and
(2) Introduce Ordinance No. 2443 for adoption and first reading by title only to amend the Victorville Municipal Code; and
(3) Waive a further reading in full of proposed Ordinance No. 2443.

Questions ensued

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

Motion was made to approve staff recommendation s

Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

CONSENT CALENDAR

3. Notice of Completion - Transportation Center Re-Roof, Project CC23-063

Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for the Transportation Center Re -Roof, Project CC23 -063, and authorize the City Manager to execute the Notice of Completion.

4. Notice of Completion - Old Town Sidewalk Connectivity Project - Phase 1

Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for the Old Town Sidewalk Connectivity Project - Phase 1 and authorize the City Manager to execute the Notice of Completion.

5. Fiscal Year 2023/2024 Budget Amendment - Prevention of Animal Homelessness and Cruelty Grant

Recommendation:

That the Honorable City Council approve a budget amendment for Fiscal Year 2023/2024 for $15,000.00 of both revenue and expenditures related to the Prevention of Animal Homelessness and Cruelty Grant awarded by the California Department of Food and Agricul ture.

6. Commercial Demand Schedule No. 1

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 1 in the amount of $34,250,951.38, covering Electronic Fund Transfers No. 335315 through 335729 and Warrant No. 790977 through 791344 for 06/23/2023 through 07/20/2023 and Wire Transfer dated 07/20/2023, per the adopted budget for Fiscal Year 2022 -2023 for the period covering July 1, 2022 through June 30, 2023 and Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024.

7. Notice of Completion – Pipeline Replacement Project – Area 31

Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for Pipeline Replacement Project – Area 31 and authorize the City Manager to execute the Notice of Completion.

8. Partial Security Release for Case Nos. BLDC21 -00070/EROW21-00182

Recommendation:

That the Honorable City Council:
(1) Approve an 80 percent release of the Street Improvements Faithful Performance Security for case Nos. BLDC21-00070/EROW21-00182; and (2) Accept the street improvements.

9. Reduction of Securities for Tract Map No. 15598

Recommendation:

That the Honorable City Council:
(1) Approve an additional 20 -percent release of the Faithful Performance Streets securities; and
(2) Accept the public street improvements.

10. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 12B for Payroll Period June 09, 2023, through June 23, 2023, in the amount of $2,156,667.41 covering Check Nos. 33502 through 33542, including Vendor checks. Please note employee Check No. 33508 has a live Check and an EFT Advice. Also included are Advice Nos. 302006 through 302505, per adopte d budget for Fiscal Year 2022-2023 (period covering July 1, 2022, through June 30, 2023).

11. Commercial Demand Schedule No. 2

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 2 in the amount of $7,416,866.83, covering Electronic Fund Transfers No. 335730 through 336010 and Warrant No. 791345 through 791573 for 07/20/2023 through 08/02/2023 and Wire Transfers dated 07/25/2023, per the adopted budget for Fiscal Year 2022 -2023 for the period covering July 1, 2022 through June 30, 2023 and Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024.

12. VMUS Annual Operating Result Report for FY 2023

Recommendation:

That the Honorable City Council review and file this report.

13. Community Services Quarterly Report for the Fourth Quarter of Fiscal Year 2023

Recommendation:

That the Honorable City Council review and file.

14. Minutes of the March 21, 2023, and April 4, 2023, Regular City Council Meetings and the March 28, 2023 Special City Council Meeting

Recommendation:

That the Honorable City Council approve the minutes of the Regular City Council Meetings held on March 21, 2023, and April 4, 2023, and the Special City Council Meeting held on March 28, 2023.

15. Building Department Activity Report

Recommendation:

That the Honorable Council review and file.

Questions and comments ensued for items 7,12,14, and 15

Motion was made to approve staff recommendation s for Consent Calendar items 3 through 15

Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

WRITTEN COMMUNICATIONS

16. Sheriff’s Department Schedule A Amendment

Recommendation:

That Your Honorable City Council:
(1) Approve the Fifty-Second Amendment to Law Enforcement Contract #94-909- A-52 for the period of September 1, 2023, through June 30, 2024, and authorize the Mayor or her designee to process all documents required for this agreement; and
(2) Adopt Resolution 23 -066 approving a reduction in revenue in the amount of $308,205.70 and $238,538 in expenditures related to the said contract.

Questions ensued

Motion was made to allow Mayor Jones an additional 30 seconds to ask one additional question

Moved: Mayor Jones
Seconded: Council Member Gomez

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Questions continued

Motion was made to approve staff recommendation s

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

17. Presentation on City's Pavement Management of City Roads

Recommendation:

Staff recommends that the Honorable City Council receive and file this report.

Questions ensued

Motion was made to approve staff recommendation

Moved: Mayor Jones
Seconded: Council Member Irving

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

The Chair called for a recess at 8:08 pm

Recess concluded at 8:20 pm

18. Measure I Five Year Capital Improvement Plan

Recommendation:

That the Honorable City Council adopt Resolution No. 23 -069, approving the Measure I Five Year Capital Improvement Plan for Fiscal Years 2023/2024 through 2027/2028.

Questions ensued

Motion was made to approve staff recommendation

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

19. Capital Project Needs Analysis for Green Tree Blvd. Extension and Bear Valley Road Overhead at BNSF Railroad Projects

Recommendation:

That the Honorable City Council approve the Capital Project Needs Analysis (CPNA) for the Green Tree Blvd. Extension and the Bear Valley Road Overhead at BNSF Railroad Projects for Fiscal Years 2024/2025 through 2028/2029.

Question ensued

Motion was made to approve staff recommendation

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Motion was made to consider Items 20 and 21 concurrently

Moved: Mayor Jones
Seconded: Council Member Irving

Comments ensued

Motion passed 4-1

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez

20. Wellness Center Project - Amendment No. 1 to the Consultant / Professional Services Provider Agreement with Pacifica Services, Inc.

Recommendation:

That the Honorable City Council approve Amendment No. 1 to the Consultant / Professional Services Provider Agreement for the Wellness Center Project construction management contract with the Pacifica Services, Inc., in an amount not to exceed $616,677.00.

21. Wellness Center Project - Phase 2 Supplemental Work Order (SWO) No. 10

Recommendation:

That the Honorable City Council approve SWO No. 10 for the Wellness Center Phase 2 construction contract resulting in an increase not to exceed $742,519.70.

Questions ensued

Motion was made to approve staff recommendation s for Items 20 and 21

Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra

Motion passed 4-1

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez

22. Purchase of Fleet Vehicles and Equipment for Fiscal Year 2023 and Fiscal Year 2024

Recommendation:

That the Honorable City Council, SCLAA, and Victorville Water District Board of Directors:
(1) Reject the bid, CC23-096 Purchase of New Vehicles;
(2) Approve the purchase of fleet vehicles, specialty vehicles, and equipment from the vehicle/equipment list for Fiscal Year 2022/2023 and Fiscal Year 2023/2024 through several procurement methods such as cooperative purchasing programs, lead agency piggyback programs, and availability of suitable dealer lot inventory; and
(3) Authorize the City Manager/Executive Director/General Manager to execute any and all documents necessary fo r such purchases.

Questions ensued

Motion was made to approve staff recommendation s

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman

Comments ensued

Motion passed 4-1

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez

23. Purchase of Thirty -Six Firefighting Personal Protective Equipment Turnouts

Recommendation:

That the Honorable City Council approve the purchase of thirty-six (36) firefighting Personal Protective Equipment (PPE) turnouts from AllStar Fire Equipment, Inc in the amount of $153,076.50

Questions ensued

Motion was made to approve staff recommendation

Moved: Council Member Irving
Seconded: Council Member Harriman

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

24. Victorville Strategic Plan 2023 - 2026

Recommendation:

That your Honorable City Council adopts the City of Victorville Strategic Plan 2023- 2026.

Motion was made to approve staff recommendation

Moved: Council Member Irving
Seconded: Council Member Harriman

Comments ensued

Motion passed 4-1

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez

25. Consideration of Possible Adjustments to Employment Agreement for the City Manager related to Salary

Recommendation:

At the City Council Meeting of July 18, 2023, the City Council reviewed the terms of a City Manager Agreement with Keith C. Metzler. As a result of that review, the City Council asked to agendize a discussion of possible salary adjustments for the City Manager. Any action is at the discretion of the City Council.

Questions ensued

Motion was made to increase the City Manager’s salary to $327,877 to be effective immediately upon adoption and enter Amendment #2 into the contract to reflect the salary change

Moved: Mayor Jones
Seconded: Mayor Pro Tem Becerra

Motion passed 4-1

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez

26. City Manager Reports

City Manager Keith C. Metzler announced August is Clear the Shelter Month at Animal Care and Control . They are open Monday through Thursday 7am to 4pm, Friday 7am to 3pm, and Saturday 8am to 11am. He also announced Bear Valley Bridge will be continu ing construction through the end of September. Keith C.

Metzler announced that City Engineer Brian Gengler is retiring after 21 years of employment with the City of Victorville and 34 years of public service. He also announced the recruitment of a new City Engineer has begun .

27. Discussion and Possible Action Regarding Upcoming Agenda Items

None

28. Reports from Council Members

Council Member Gomez reported on her involvement with the community

Council Members Harriman and Irving, Mayor Pro Tem Becerra, and Mayor Jones extended their gratitude and sentiments to Mr. Brian Gengler.

Adjournment

Mayor Jones adjourned the meeting in honor of Brian Gengler at 9:44 pm

Attest:

____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Attachment C

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov

VICTORVILLE CITY COUNCIL

VICTORVILLE LIBRARY BOARD OF TRUSTEES

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

THE CITY AS HOUSING ASSETS SUCCESSOR

JOINT POWERS FINANCING AUTHORITY

VICTORVILLE WATER DISTRICT

Regular Meeting Minutes
Tuesday, September 5, 2023
5:00 p.m. Closed Session
6:00 p.m. Regular Session

5:00 p.m. Closed Session

Call to Order

Roll Call

Present: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Gomez

Public Comments for Closed Session Items

None

Declaration of Closed Session Item(s) by City Attorney

City Attorney Andre de Bortnowsky announced four (4) closed session items as set forth on the agenda.

CITY COUNCIL

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

B. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name unspecified: (Disclosure would jeopardize existing settlement negotiations)

C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Pursuant to Government Code § 54956.9(d)(1)
Case name: RTE Trailer Park 66, LLC v. City of Victorville Code Enforcement Department
Case numbers: CIVSB2305021, CIVSB2316739

D. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE § 54956.9
Based on advice of legal counsel and existing facts and circumstances, a point has been reached in the opinion of the City Council that the City is facing significant exposure to litigation (Government Code § 54956.9(d)(2)) Number of Potential cases: One (1)
Facts and Circumstances: The City received a letter from Caltrans on August 16, 2023, which included a threat of condemnation regarding a piece of City property.

Such letter is available for review in the City Clerk’s office pursuant to Government Code § 54957.5

Recess to Closed Session

6:00 p.m. Regular Session

Call to Order

Roll Call

Present: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Gomez

Also Present:

City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky

Closed Session Announcements by the City Attorney

City Attorney Andre de Bortnowsky announced four (4) closed session items as set forth on the agenda. There were no reportable action s with respect to these items.

Invocation: Ministry Intern Frank Aldaoud of Impact Christian Church

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Agenda presented with no revisions.

Conflict of Interest Declarations

There were no conflicts of interest reported.

Public Comments

None

PUBLIC HEARING(S)

1. Mojave Drive at Condor Road Traffic Signal – Approve Notice of Exemption and Award of Construction Contract

Recommendation:

That the Honorable City Council:
(1) Open and conduct a public hearing, receive testimony regarding the proposed project;
(2) Close the Public Hearing;
(3) Approve the Notice of Exemption for the Mojave Drive at Condor Road traffic signal;
(4) Adopt Resolution No 23 -075 to amend the Fiscal Year 2023/2024 Budget appropriating additional revenue of $284,430.00 from the Highway Safety Improvement Program (HSIP) grant; and
(5) Award a construction contract to Elecnor Belco Electric, Inc., in the amount of $795,622.00 for the Mojave Drive at Condor Road Traffic Signal Project.

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

Motion was made to approve staff recommendation s

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving

Motion passed 4-0

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Gomez

2. Bear Valley Road Reconstruction Project - Approve Notice of Exemption and Award of a Construction Contract

Recommendation:

That the Honorable City Council:
(1) Open and conduct a public hearing, receiving testimony regarding the proposed capital improvement projects (CIP);
(2) Approve the Notice of Exemption and authorize staff to file the notice with the Office of Planning and Research and the County clerk; and (3) Award a construction contract to C.A. Rasmussen, Inc., in the amount of $8,944,073.46 for the Bear Valley Road Reconstruction Project.

Questions ensued

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

Motion was made to approve staff recommendation s

Moved: Council Member Irving
Seconded: Council Member Harriman

Motion passed 4-0

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Gomez

CONSENT CALENDAR

3. Quarterly Investment Report as of June 30, 2023

Recommendation:

That the City Council/Board of Directors receive and file the attached Quarterly Investment Report as of June 30, 2023.

4. Annual Review of the City’s Investment Policy

Recommendation:

That the Honorable City Council review and file the attached Investment Policy CP- 15-01.

5. Second Reading of Ordinance No. 2442

Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2442 approving a Development Agreement Amendment to update the term of the existing agreement and allow for an additional one -year extension of time for Tentative Tract Map 14525, A 319-Lot single family residential subdivision that was previously approved and environmentally assessed on property located west of and abutting Stoddard Wells Road, South of Interstate 15, and approximately 2,000 feet North of D Street.

6. Second Reading of Ordinance No. 2443

Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2443 approving Amendment PLAN23-00017, an Amendment to the Victorville Municipal Code with an Environmental Exemption introducing various updates to Title 16 including but not limited to standar ds for off -street parking facilities for recreational vehicle parking and parking stalls abutting obstructions, and updates to accessory dwelling unit standards and the addition of junior accessory dwelling allowances in accordance with State law.

7. Commercial Demand Schedule No. 3

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 3 in the amount of $5,129,570.84, covering Electronic Fund Transfers No. 336011 through 336157 and Warrant No. 791574 through 791781 for 08/03/2023 through 08/16/2023, per the adopted budget for Fiscal Year 2022 -2023 for the period covering July 1, 2022 through June 30, 2023 and Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024.

8. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 1A for Payroll Period June 23, 2023, through July 07, 2023, in the amount of $2,172,070.99 covering Check Nos. 33275, 33504 and 33543 through 33579, including Vendor checks. Please note employee Check No. 33549 has a live Check and an EFT Advice. Also included ar e Advice Nos. 302506 through 303021, per adopted budget for Fiscal Year 2023 -2024 (period covering July 1, 2023, through June 30, 2024).

9. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 1B for Payroll Period July 07, 2023, through July 21, 2023, in the amount of $2,046,260.18 covering Check Nos. 32815, 32849, 32885, 32921, 32966, 32995, 33037, 33045, 33064, 33280, 33281, 33570, 33580 through 33612, including Vendor checks. Please note employee Check No. 33586 has a live Check and an EFT Advice. Also included are Advice Nos. 303022 through 303555, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).

10. Partial Release of the Faithful Performance Security for Case Nos. BLDC18 - 00120/EROW18-00124

Recommendation:

That the Honorable City Council:
(1) Approve an 80 -percent release of the Street Improvements Faithful Performance Securities for Case Nos. BLDC18-00120/ EROW18-00124; and (2) Accept the street improvements.

11. Strategic Partnership Grant for Water Conservation Kits - Budget Amendment

Recommendation:

That the Honorable Victorville Water District (District) Board of Directors adopt Resolution No. VWD 23 -012, approving a budget amendment for Fiscal Year 2023-2024 to appropriate $20,000 in both revenue and expenditures related to the Strategic Partnership Grant for Water Conservation Kits awarded by Mojave Water Agency.

12. Code Compliance Department Quarterly Report for the Fourth Quarter of Fiscal Year 2023

Recommendation:

That the Honorable City Council review and file.

13. Revisions to the Table of Organization, Resolution No. 23 -077

Recommendation:

That the Honorable City Council adopt Resolution No. 23 -077, revising the Table of Organization, effective August 15, 2023.

14. Minutes of the April 18, May 2, and May 16, 2023, Regular City Council Meetings and minutes of the May 31, 2023, Special City Council Meeting

Recommendation:

That the Honorable City Council approve the minutes of the Regular City Council Meetings held on April 18, May 2, and May 16, 2023, and the minutes of the Special City Council Meeting held on May 31, 2023.

Motion was made to approve staff recommendation s for Consent Calendar items 3 through 14

Moved: Council Member Irving
Seconded: Council Member Harriman

Motion passed 4-0

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Gomez

WRITTEN COMMUNICATIONS

15. Declaration of Exempt Surplus Land – Parks Division Properties

Recommendation:

That the City Council:
(1) Adopt Resolution No. 23 -072 Declaring a Portion of City -owned Property as “Exempt Surplus Land” Pursuant to the Surplus Land Act and transmitting a certified copy to the Department of Housing and Community Development (“HCD”);
(2) Adopt Resolution No. 23 -073 Amending the Annual Budget for Fiscal Year 2023-2024 Relating to an Appropriation of Additional Revenue; and (3) Authorize the City Manager to execute all documents to solidify the transfer of a portion of City -owned property (the “Proposed Property”) to the State of California Department of Transportation (“Caltrans”).

Motion was made to approve staff recommendation s

Moved: Council Member Harriman
Seconded: Council Member Irving

Motion passed 4-0

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Gomez

16. Runway 17/35 Reconstruction Phase IIIB and IV Project #CCH23 -111

Recommendation:

That Your Honorable Southern California Logistics Airport Authority Board of Directors:
(1) Ratify the acceptance of Grant Agreement #3 -06-0359-032-2023 (Grant 32) between the United States of America acting through the Federal Aviation Administration and the Southern Califor nia Logistics Airport Authority in the amount of $887,000 in support of the Runway 17/35 Reconstruction Phase IIIB and IV Project #CCH23-111; and
(2) Adopt Resolution No. SCLAA -23-010 increasing budgeted grant revenues by $887,000, and increasing budgeted grant expenditures by $887,000, and increasing budgeted grant match expenditures by $98,556; and (3) Approve the award of a Construction Contract to Coffman Specialties, Inc. in the amount not to exceed $1,385,000 for Runway 17/35 Reconstruction Phases IIIB and IV, Project #CCH23 -111 (“Project”).

Questions ensued

Motion was made to approve staff recommendation s

Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra

Motion passed 4-0

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Gomez

17. City Manager Reports

City Manager Keith C. Metzler reported on the success of the Pet Adoption Event hosted by The Home Depot. He announced pet adoptions are available at Animal Care and Control from Monday through Thursday 7am to 4pm, Friday 7am to 3pm, and Saturday 8am to 11am. He also announced Jersey Mike’s Subs will soon be issued their Certificate of Occupancy, which will lead to the opening of their Palmdale Rd location.

18. Discussion and Possible Action Regarding Upcoming Agenda Items

Motion was made to agendize an item for discussion and possible action for City Council Members, City Manager, and chosen City staff to attend the Live2Lead Leadership & Personal Development Conference on Friday, October 27, 2023.

Moved: Mayor Jones
Seconded: Council Member Harriman

Motion passed 4-0

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: Council Member Gomez

19. Reports from Council Members

Mayor Pro Tem Becerra reported the VVTA Board approved a Hydrogen Filling Station, which will be the first in the desert.

Mayor Jones reported on her attendance to the SBCTA and VVWRA meetings.

She also reported on her attendance to the quarterly Mayors meeting. Mayor Jones reported she was reelected as Chair on the Mojave Desert Mountain Recycling JPA. She reported on her attendance t o National Night Out at Sunset Ridge Park accompanied by Mayor Pro Tem Becerra and Council Member Harriman. She also reported on her attendance to the dedication of the Eagle Scout project, as well as Desert Valley Internal Medicine Residency Program ’s Ribbon Cutting and their open house.

Adjournment

Mayor Jones adjourned the meeting at 6:28 pm

Attest:

____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Attachment D

City Council Chambers
14343 Civic Drive
Victorville, CA
www.victorvilleca.gov

VICTORVILLE CITY COUNCIL

VICTORVILLE LIBRARY BOARD OF TRUSTEES

SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY

THE CITY AS HOUSING ASSETS SUCCESSOR

JOINT POWERS FINANCING AUTHORITY

VICTORVILLE WATER DISTRICT

Regular Meeting Minutes
Tuesday, September 19, 2023

6:00 p.m. Regular Session

6:00 p.m. Regular Session

Call to Order

Roll Call

Present: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

Absent: None

Also Present:

City Manager Keith C. Metzler, Deputy City Manager Sophie Smith, Deputy City Manager Jenele Davidson, City Clerk
Jennifer Thompson, City Attorney Andre de Bortnowsky

Invocation: Pastor Ryan Holt of Victorville First Assembly of God

Council Member Gomez left the dais at 6:01p.m.

Council Member Gomez returned to the dais is 6:02p.m.

Pledge of Allegiance: Police Captain John Wickum

City Clerk Presents Agenda/Revisions to Agenda

Agenda presented with no revisions reported .

Conflict of Interest Declarations

There were no conflicts of interest reported.

Introduction to Public Comments

Mayor Jones provided an opening statement regarding public comments.

Public Comments

The following people spoke :

Laura Meceda spoke on general items

Wiliam Walker on general items

Samuel Quick on general items

Stacy Sanchez on general items

Tom Reyes on general items

Tanya on general items

PUBLIC HEARING(S)

1. Seventh Street Traffic Signal Modifications – Approve Notice of Exemption

Recommendation:

That the Honorable City Council:
(1) Open and conduct a public hearing, receive testimony regarding the proposed project;
(2) Close the Public Hearing; and
(3) Approve the Notice of Exemption for the Seventh Street Traffic Signal Modifications project.

Questions ensued

The Chair opened the Public Hearing

There were no speakers

The Chair closed the Public Hearing

Motion was made to approve staff recommendation s

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

CONSENT CALENDAR

2. Notice of Completion for Exeloo Prefabricated Restroom Install Project, CC23-079, for Brentwood and Center St. Park

Recommendation:

That the Honorable City Council accept as complete and approve the Notice of Completion for the Exeloo Prefabricated Restroom Install Project, CC23 -079 for both Brentwood and Center St. Park.

3. Commercial Demand Schedule No. 4

Recommendation:

That the City Council and Board of Directors ratify Commercial Demand Schedule No. 4 in the amount of $9,021,197.32, covering Electronic Fund Transfers No. 336159 through 336384 and Warrant No. 791782 through 791975 for 08/17/2023 through 08/30/2023 and Wire Transfers dated 08/23/2023 through 08/29/2023, per the adopted budget for Fiscal Year 2023-2024 for the period covering July 1, 2023 through June 30, 2024.

4. Payroll Warrant List

Recommendation:

That the City Council and Board of Directors ratify Payroll Demand Schedule No. 2A for Payroll Period July 21, 2023, through August 4, 2023, in the amount of $2,049,873.90 covering Check Nos. 33613 through 33640, including Vendor checks. Please note employ ee Check No. 33617 has a live Check and an EFT Advice. Also included are Advice Nos. 303556 through 304079, per adopted budget for Fiscal Year 2023-2024 (period covering July 1, 2023, through June 30, 2024).

5. Notice of Completion – Pipeline Replacement Project – Area 1 & 2

Recommendation:

That the Honorable Board of Directors for the Victorville Water District accept as complete and approve the Notice of Completion for Pipeline Replacement Project – Area 1 & 2 and authorize the City Manager to execute the Notice of Completion.

6. Economic Development Activity Report

Recommendation:

That the Honorable City Council review and file the attached Economic Development Activity Report.

7. Full Release of the Faithful Performance Security for Case Nos. EROW18-00157/ BLDC17-00042

Recommendation:

That the Honorable City Council approve the full release of the Faithful Performance security for Case Nos. EROW18-00157/BLDC17-00042

8. Release of the Faithful Performance Securities for Tract Map No. 15396

Recommendation:

That the Honorable City Council approve the release of the Faithful Performance Securities for the water, sewer, and drainage improvements for Tract Map No. 15396

9. 2022 Power Source Disclosure ("PSD") Program Annual Report and Power Content Label ("PCL")

Recommendation:

That the Honorable City Council adopt Resolution No. 23 -074, approving and attesting to the veracity of the 2022 Power Source Disclosure Program Annual Report and Power Content Label submitted to the California Energy Commission.

10. Substitution of Trustee and Full Reconveyance and Release of Declaration of Covenants, Conditions and Restrictions for Owner -Occupied Residential Rehabilitation Loan No. 0478 -071-08 Brunner

Recommendation:

That the City Council:
(1) Approve the Substitution of Trustee and Full Reconveyance for Owner - Occupied Residential Rehabilitation (“OOR”) Loan No. 0478 -071-08 Brunner; (2) Approve the Termination and Release of Declaration of Covenants, Conditions, and Restrictions (“CC&R’s”);
(3) Authorize th e execution thereof by the City Manager; (4) Accept the payoff of the loan receivable; and
(5) Adopt Resolution No. CHAS 23 -003, amending the annual budget for Fiscal Year 2022-2023; approving additional revenue.

11. Minutes of the June 6, June 20, and July 18, 2023, Regular City Council Meetings and minutes of the July 18, 2023, Special City Council Meeting

Recommendation:

That the Honorable City Council approve the minutes of the Regular City Council Meetings held on June 6, June 20, and July 18, 2023, and the minutes of the Special City Council Meeting held on July 18, 2023.

Questions and Comments ensued for items 2, 4, and 6

Motion was made to approve staff recommendation s for Consent Calendar items 2 through 11

Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

WRITTEN COMMUNICATIONS

12. Loan Repayment Agreement and Promissory Note between the City as Housing Assets Successor Agency (“CHAS”) and the City of Victorville General Fund

Recommendation:

That the Honorable City Council and Board of Directors adopt Resolution Nos. 23- 067 and CHAS 23 -004 approving an interfund Loan Repayment Agreement and Promissory Note by and between the CHAS (“Payor”) and the City of Victorville General Fund (“Payee”) in the amount of $268,742.83 plus accrued interest for Groundwater and Soil Remediation Expenses for Fiscal Years 2021, 2022 and 2023 related to the former NuWay Dry Cleaners.

Questions ensued

Motion was made to approve staff recommendation

Moved: Council Member Irving
Seconded: Council Member Harriman

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

13. Declaration of Exempt Surplus Land – Portions of City-Owned Properties

Recommendation:

That the City Council:
(1) Adopt Resolution No. 23 -078 Declaring Portions of City -Owned Properties (APN Nos. 0478 -161-06 & 0478 -172-19) as “Exempt Surplus Land” pursuant to the Surplus Land Act (“SLA”) and transmitting a certified copy to the California Department of Housing and Community Development (“HCD”); (2) Adopt Resolution No. 23 -079 Amending the Annual Budget for Fiscal Year 2023-2024 Relating to an Appropriation of Additional Revenue; and (3) Authorize the City Manager to execute all documents to solidify the transfer of portions of City-Owned Properties to the California Department of Transportation (“Caltrans”).

Questions ensued

Motion was made to approve staff recommendation s

Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

14. Adoption of Resolution No. 23 -071 Approving the Local Hazard Mitigation Plan Annual Review with Updates

Recommendation:

That your Honorable City Council adopt Resolution No. 23-071 approving the Local Hazard Mitigation Plan Annual Review with Updates.

Questions ensued

Motion was made to approve staff recommendation

Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

15. Purchase of Three Transport Capable Squads

Recommendation:

That the Honorable City Council approve the purchase of three (3) transport capable squads in the amount of $1,182,677.50 and authorize the City Manager, or designee, to execute all purchasing documentation.

Questions ensued

Motion was made to approve staff recommendation

Moved: Council Member Harriman
Seconded: Council Member Irving

Comments ensued

Motion passed 4-1

Ayes: Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones
Noes: Council Member Gomez

16. Approval of Amendment to Consultant/Professional Services Agreements with NBS for Solid Waste Rate Study Update

Recommendation:

That the Honorable City Council approve the attached amendment to the Consultant/Professional Services Provider Agreement with NBS for the Solid Waste Rate Study Update (Project ESC22-121) in the amount of $13,160.

Questions ensued

Motion was made to approve staff recommendation

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Irving

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

17. Building 686 Roof Replacement Project #CC24 -013

Recommendation:

That the Southern California Logistics Airport Authority Board of Directors approve the award of a Standard Construction Agreement to Universal Coatings, Inc., (“Universal”), for Building 686 Roof Replacement Project #CC24-013 (“Project”) in the amount not to exceed $607,997.

Questions ensued

Motion was made to approve staff recommendation

Moved: Mayor Pro Tem Becerra
Seconded: Council Member Harriman

Comments ensued

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

18. General Services Provider Standard Agreement with Scorpion Fire Protection, Inc. for Fire Pump & Controller Maintenance and Repair Services, Project CC23-099- 1 Recommendation:

That the Honorable Southern California Logistics Airport Authority Board of Directors approves the award of a General Services Provider Standard Agreement by and between the Southern California Logistics Airport Authority and Scorpion Fire Protection, Inc. in the amount not to exceed $115,000, in support of the Fire Pump & Controller Maintenance and Repair Services, Project CC23 -099-1.

Questions ensued

Motion was made to approve staff recommendation

Moved: Council Member Irving
Seconded: Mayor Pro Tem Becerra

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

19. Attendance at the Live2Lead Leadership & Personal Development Conference on Friday, October 27, 2023

Recommendation:

Any action is at the discretion of Your Honorable City Council.

Questions ensued

Motion was made to approve Council Members, City Manager, and staff attendance to the Live2Lead Leadership & Personal Development Conference

Moved: Mayor Jones
Seconded: Council Member Irving

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

20. City Manager Reports

City Manager Keith C. Metzler announced that the City is hosting weekly pet adoptions on Saturdays, from 11 a.m. to 2 p.m., at the Animal Care and Control Facility. Keith C. Metzler also announced weekly Storytime starting September 26, 2023, at the City Library. The Storytime will begin at 5 p.m. every Tuesday for ages 0 through 8. He also announced registrations have begun for Itty Bitty Preschool ages 3 through 5, Teen Activity Group (TAG) ages 13 through 17, Adult Basketball, and many more. Keith C. Metzler announce d the Community Clean -Up event will be on October 21 st, 2023, registrations have begun, and the City is currently accepting volunteers . He also announced new developments in the City including Arby’s restaurant on Highway 395 and CARMAX nearing completion .

21. Discussion and Possible Action Regarding Upcoming Agenda Items

Motion was made to agendize an item for discussion and possible action regarding an update to Council Policy CP-12-01 Section 5 at the staff’s soonest convenience

Moved: Mayor Jones
Seconded: Council Member Harriman

Motion passed 5-0

Ayes: Council Member Gomez, Council Member Harriman, Council Member Irving, Mayor Pro Tem Becerra, Mayor Jones

22. Reports from Council Members

Council Member Gomez reported on her involvement with the community .

Mayor Pro Tem reported VVTA is celebrating their 30th anniversary and are granting free Bus Transportation for the month of October.

Mayor Jones reported on her attendance to SBCTA, SBCTA General Policy, and Measure P Oversight Selection Committee meetings. She also reported she spoke in high school senior government classes at Lakeview Leadership Academy.

Mayor Jones also reported on her attendance to a 9/11 event at a local elementary school.

Adjournment

Mayor Jones adjourned the meeting at 8: 03 pm

Attest:

____________________ ___________________________ Debra Jones, Mayor Jennifer Thompson, City Clerk

Item Number: 3
City Council / Board of Directors
Consent Calendar
Meeting of: October 17, 2023
Submitted By:

Jennifer Thompson, City Clerk

Subject:

Second Reading of Ordinance No. 2444
Recommendation:

That the City Council adopt, by second reading, Ordinance No. 2444 amending and revising portions of Title 10 of the Victorville Municipal Code relating to rates, fees, and charges for City sewer services.

Fiscal Impact:

Ordinance No. 2444 authorizes the implementation of a 5-year Sewer Rate Plan by adopting new and increased Sewer Rates needed to address increased costs for the collection and treatment of wastewater flows from residents and businesses within the boundaries of City, utilizing the treatment facilities of the Victor Valley Wastewater Treatment Authority and the City’s Industrial Wastewater Treatment Plant.

Strategic Plan Goal:

This item aligns with Goal A., Financial Stability; and Goal E., Invest in Infrastructure.

Adjusting existing sewer rates periodically helps the City operate and maintain its sewer collection and treatment infrastructure optimally.

Discussion:

At the Regular City Council meeting held on October 3, 2023, the City Council voted to introduce Ordinance No. 2444, amending amending and revising portions of Title 10 of the Victorville Municipal Code relating to rates, fees, and charges for City sewer services.

This ordinance is being presented for adoption and once adopted, will become effective November 17, 2023.

Attachments: A. Ordinance No. 2444
Attachment A

1 ORDINANCE NO. 2444

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
VICTORVILLE AMENDING AND REVISING PORTIONS OF TITLE 10 OF

THE VICTORVILLE MUNICIPAL CODE RELATING TO RATES, FEES,

AND CHARGES FOR CITY SEWER SERVICE

WHEREAS, the City of Victorville ("City") owns, operates, and maintains a sanitary sewer collection system which provides for collection and treatment of wastewater flows from residents and business es within the boundaries of the City ("Sewer Services "), utilizing the treatment facilities of the Victor Valley Regional Wastewater Authority ( "VVWRA") and the City's Industrial Wastewater Treatment Plant ("IWWTP") located at the Southern California Logistics Airport; and

WHEREAS, the Victorville City Council ("City Council") is authorized by Sections 7 and 9 of Article XI of the California Constitution, Health and Safety Code section 5470 et seq. and Chapter 10.01 of the City’s Municipal Code to prescribe, revise, and collect fees , charges, and rates ("Sewer Service Rates") for the Sewer Services it so provides, which rates were last revised in 2018 when the City implemented a modified sewer rate structure and Sewer Service Rates which provided for annual increases and certain passthrough fees over a five-year period which ended in fiscal year 2023; and

WHEREAS, the City engaged an independent consulting firm ("Consultant"), to study the revenues generated by the City’s current Sewer Service Rates to determine if they were adequate to cover the City’s expenses associated with providing Sewer Services, such as: operating and maintaining its sewer collection system; complying with state and federal wastewater treatment and disposal requirements ; paying wastewater treatment fees charged by the VVWRA; maintaining the IWWTP; and establishing a minimum cash reserve for sewer operations; and

WHEREAS, the Consultant also reviewed the City’s current Sewer Service Rates to determine if said rates were proportionately allocating the City’s costs of providing Sewer Services amongst the property owners/customers utilizing such services; and

WHEREAS, Consultant’s analysis was contained in a comprehensive cost of service and sewer rate study ("Rate Study"), which showed that current Sewer Service Rates are insufficient to fund the City's ongoing obligations for sewer operations and maintenance expenses; and

WHEREAS, the Rate Study demonstrated a need for the City to incrementally increase its Sewer Service Rates over the next five (5) years to ensure continued proper operation and maintenance of the City’s sewer system, cover VVWRA wastewater treatment costs, meet debt service requirements, rehabilitate and replace aging sewer system assets, and maintain appropriate operating reserves; and

WHEREAS, the Rate Study also recommended the City modify the way it calculates some of its Sewer Service Rates to enhance proportional spreading of applicable costs amongst users of the City’s sewer system according to the cost of providing Sewer Services to each user; and

WHEREAS it is the intention of the City Council to increase the City’s current Sewer Service Rates and modify the way some of those rates are calculated to ensure proportionality and appropriate cost recovery for providing reliable Sewer Services to City residences and businesses; and

2 WHEREAS, at its August 8, 2023, special meeting, the City adopted Resolution No. 23- 063, which accepted the final Rate Study; set the date, time, and location for a Public Hearing on the proposed adjustments to the City’s Sewer Service Rates; and authorized preparation and mailing of a Notice of Public Hearing on the proposed Sewer Service Rates in accordance with the applicable provisions of Proposition 218 (Article XIII D, sec. 6 of the California Constitution) in order to consider adoption of the proposed revised Sewer Service Rates; and

WHEREAS, pursuant to the provisions of Proposition 218, on August 18, 2023, City staff mailed 30,587 Notices of Public Hearing to the affected property owners notifying them of this Public Hearing and their right s to protest the proposed Sewer Service Rates , as well as the amount of the proposed rates to be imposed, the basis upon which the amount of the proposed rates were calculated, and the reason for the proposed rate modifications; and

WHEREAS, in accordance with the City’s standard practice for noticing adoption of proposed ordinances imposing rate increases , a notice relating to the public hearing and proposed adoption of this Ordinance was published in a newspaper of general circulation on September 22, 2023, and September 29, 2023, and a copy of said notice was also posted on the City’s website; and

WHEREAS, on October 3, 2023 , the City conducted a Public Hearing in the manner required by law and considered all protests to the proposed Sewer Service Rates and at the close of the Public Hearing 36 protests were received; and

WHEREAS, the number of protests submitted in opposition were not greater than 15,295 (which number represents a majority [50% +1] of the parcels subject to the proposed rates) and therefore a majority protest does not exist; and

WHEREAS, the City has complied with the notice, protest, and hearing requirements of Proposition 218 with respect to the proposed Sewer Service Rates; and

WHEREAS, the City Council has received, reviewed, and given due consideration to the evidence presented in connection with the Sewer Service Rates and rate methodology to be fixed by this Ordinance, including the Rate Study and other reports and information received by the City Council in the course of its business; and

WHEREAS, the City Council has evaluated and considered the Sewer Services the City provides to its residentia l, commercial, institutional , and public agency customers; the rates charged to the various customer discharger types for Sewer Services; the costs reasonably borne by the City in providing such services; the beneficiaries of such services; and the revenues produced by customers paying the City’s Sewer Service Rates; and

WHEREAS, the Sewer Service Rates being imposed and collected by the City have been established to yield revenues in amounts sufficient to: pay the operating expenses of the sewer system; adequately fund and cover the costs of sewage treatment and disposal facilities so they may be operated safely and reliably; provide for the construction, ownership, operation, repair, maintenance, and replacement of sewer system infrastructure; pay the interest and principal on any bonded debt of the sewer system and maintain the financial stability of the operation thereof; comply with state and federal regulatory sewage treatment and disposal requirements; and provide adequate reserves in the City’s sewer fund for emergencies and unforeseen costs.

3 WHEREAS, the City Council has reviewed the adoption of this Ordinance pursuant to the requirements of the California Environmental Quality Act of 1970, as amended ("CEQA"), and has determined that the adoption of the Sewer Service Rates has no foreseeable potential to result in a significant impact upon the environment and is exempt from CEQA review pursuant to State CEQA Guidelines Section 15061(b)(3). Further, the City Council has determined that the adoption of revised Sewer Service Rates is exempt from substantive environmental review under Section 15273 of the State CEQA Guidelines, because the adoption of the revised Sewer Service Rates involves charges by a public agency for the purpose of meeting operating expenses, purchasing supplies, equipment and materials, and meeting financial reserve requirements; and

WHEREAS, to provide cost-efficient and reliable Sewer Services to its customers, the City Council finds it in the best interest of the City and its sewer customers to enact this Ordinance.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals.

The recitals set forth above are true and correct, and together with the findings and definitions set forth therein, are hereby made part of this Ordinance by this reference.

Section 2. Findings.

The City Council makes all of the following findings:

a. The revenues derived from the proposed Sewer Service Rates shall not exceed the funds required to provide the property related service;

b. The revenues derived from the proposed Sewer Service Rates shall not be used for any purpose other than that for which the proposed Sewer Service Rates are imposed;

c. The proposed Sewer Service Rates will be used to provide Sewer Services actually used or immediately available for use to the owners of the properties so charged;

d. The Sewer Service Rates charged shall not exceed the proportional cost of the service attributable to the parcel; and

e. The proposed Sewer Service Rates will not be used for general governmental services, including police, fire, ambulance, or library services.

Section 3. Adoption and Effective Dates of Sewer Service Rates.

The Sewer Service Rates set forth in Section 5 of this Ordinance are hereby adopted. The Sewer Service Rates designated to be effective on December 1, 2023, shall be fixed for all billings made on or after December 1, 2023, and thereafter shall be annually adjusted and fixed for all billings made on or after July 1 of each subsequent year, as indicated in Section 5 hereof.

4 Section 4. Revision of Section 10.01.020 of Chapter 10.01 (SEWER RATE ORDINANCE).

SECTION 10.01.020 ( SEWER SERVICE CUSTOMER DISCHARGER TYPES) OF

THE VICTORVILLE MUNICIPAL CODE IS HEREBY REVISED IN ITS ENTIRETY TO READ AS FOLLOWS:

10.01.020 – Sewer service customer discharger types.

a. The following sewer service customer discharger types shall be used for sewer service billing purposes:

1. Single-family residential dischargers are those customers whose premises consist of any single-family dwelling, including homes, houses, residences, mobile homes, and other structures intended for and primarily used as single-family dwellings, and are not included in any other customer discharger type.

2. Multi-family residential dischargers are those customers whose premises consist of multi-family dwellings , including apartment complexes, duplex es, triplexes, condominiums, townhomes, and other similar structures intended for and primarily used as multi-family dwellings, and are not included in any other customer discharger type.

3. Commercial dischargers are those customers whose premises consist of commercial, institutional, or industrial establishments which are not included in any other customer discharger type. Commercial discharger type customers include hotels, motels, camping facilities, schools, churches, restaurants, office buildings, factories, service stations, hospitals, and other structures, buildings, or facilities primarily used for commercial, institutional, industrial, or manufacturing purposes, whether or not operated for a profit . Ordinances and regulations of the VVWRA require certain commercial customer discharger types to obtain wastewater discharge permits from the VVWRA ("industrial users"), and pay additional charges and surcharges directly to the VVWRA for the treatment or pretreatment of high strength wastewater.

4. Industrial and/or user-specific dischargers are those customers whose premises consist of buildings, structures, factories, plants, or other manufacturing or institutional facilities that discharge wastewater of unusual strength or character, as determined by the city's evaluation of the concentration, strength factors, and/or control parameters of such user's specific wastewater discharge, including, but not limited to, biochemical oxygen demand ( "BOD"), chemical oxygen demand ("COD"), suspended solids ("SS" or "TSS"), ammonia ("NH3"), and fixed dissolved solids ("FDS"). These dischargers are required to obtain a wastewater discharge permit from the IWWTP or the VVWRA, as applicable.

b. The customer or property owner of record for any premises in the city served by the city sewer system shall report to the city any change in usage of the premises or characteristics of sewage discharge therefrom that could affect its customer discharge type classification within sixty (60) days of the date of such change.

5 c. The city shall, upon notification or discovery of a change in classification of customer discharger type or usage, execute such change for billing and operational purposes and make reasonable allow ance for the timing and/or retroactive adjustments of such billings based upon the facts available to and known by the city.

Section 5. Revision of Section 10.01.030 of Chapter 10.01 (SEWER RATE ORDINANCE).

SECTION 10.01.030 (SEWER SERVICE CHARGES ) OF THE VICTORVILLE

MUNICIPAL CODE IS HEREBY REVISED IN ITS ENTIRETY TO READ AS FOLLOWS:

10.01.030 – Sewer service charges.

a. Monthly sewer service charges for single -family residential and multi -family residential customer discharger types shall be calculated and billed based solely on the number of dwelling units of each customer, as set forth in the sewer rate schedule in subdivision d of this section.

b. Monthly sewer service charges for commercial customer discharger types shall be calculated and billed based on a fixed amount per customer account, plus a volumetric charge per hundred cubic feet ("hcf") of water used, received, or taken by the customer (as recorded or otherwise estimated by the Victorville Water District , excluding that water used, received or taken exclusively for irrigation purposes), as set forth in the sewer rate schedule in subdivision d of this section.

c. Monthly sewer service charges for existing industrial and/or user-specific customer discharger types shall be calculated and billed based on the fixed and/or minimum monthly amounts, plus the applicable volumetric charges, and surcharges based upon each customer's individual wastewater constituents (i.e., BOD, COD, SS, TSS, NH3, and/or FDS), as set forth in the sewer rate schedule in subdivision d of this section (additional surcharges may apply should wastewater characteristics change). Monthly sewer service charges for future industrial and/or user -specific customer discharger types shall be determined and calculated by the city based on costs of service, following the evaluation described in section 10.01.020.a.4 of this chapter.

d. The sewer service rates/charges in the following sewer rate schedule shall be the maximum rates in effect for all sewer service billings made on or after December 1, 2023, and on July 1 of each year thereafter , subject to automatic adjustments that pass through to the city adopted increases or decreases in sewage treatment charges established by the VVWRA. Such automatic adjustments will be made following notice, and as otherwise provided for in Government Code Section 53756:

Sewer Rate Schedule Maximum Sewer Rates
12/1/2023 7/1/2024 7/1/2025 7/1/2026 7/1/2027
Residential Customers
Monthly fixed service charge,
per dwelling unit
Single-family residential $59.62 $62.60 $65.73 $69.01 $72.46 Multi-family residential $31.32 $32.89 $34.53 $36.26 $38.07 Commercial Customers
6 Note 1 - Monthly fixed charge is based on the number of Calculated Equivalent Dwelling Units ( CEDUs) on a monthly basis. One CEDU is estimated to be equal to 200 gallons per day of volume contributed to the sewer system. BOD and TSS surcharges apply to concentrations above 200 mg/l for BOD and 250 mg/l for TSS.

Note 2 – Monthly minimum charge for operations and maintenance of an Ion Exchange Treatment System to reduce Keurig Dr. Pepper process flow TDS levels to meet local limits regulated by the State Water Resources Control Board.

Note 3 - Volumetric charges (per 1,000 gal. or lbs.) shall apply accordingly if discharge exceeds 585,000 gpd, 28,100 lbs./day of COD or 1,400 lbs./day of SS in accordance with the DPSG Wastewater Capacity and Treatment Agreement.

Note 4 - The SS charge was replaced with an FDS surcharge as calculated in the Sewer Rate Study and is subject to a 2.7% general cost inflation factor in FY 2019/20 and beyond. This surcharge applies to all pounds of FDS treated.

Monthly fixed service charge,
per account $59.62 $62.60 $65.73 $69.01 $72.46
Volumetric charge, per hcf $4.54 $4.77 $5.01 $5.26 $5.52 Industrial Customers
Monthly fixed service charge,
per account $59.62 $62.60 $65.73 $69.01 $72.46
Volumetric charge, per hcf $4.54 $4.77 $5.01 $5.26 $5.52 BOD charge, per lb. $2.10 $2.21 $2.32 $2.43 $2.55
TSS charge, per lb. $2.03 $2.14 $2.24 $2.35 $2.47
User-Specific Industrial Customers
Federal Corrections Complex
(FCC)
Monthly fixed charge per
CEDU (see Note 1) $64.32 $67.54 $70.92 $74.46 $78.18 BOD charge, per lb.
(see Note 1) $2.10 $2.21 $2.32 $2.43 $2.55
SS charge, per lb.
(see Note 1) $2.03 $2.14 $2.24 $2.35 $2.47
Keurig Dr. Pepper (formerly
Dr. Pepper/Snapple (DPSG)
Monthly min. charge
(excluding capital recovery) $162,500 $162,500 $162,500 $162,500 $162,500 Monthly Fixed Charge
Ion Exchange (see Note 2) $10,200 $10,200 $10,200 $10,200 $10,200 Volumetric charge, per
1,000 gal. (see Note 3) $0.37 $0.37 $0.37 $0.37 $0.37 COD Charge, per lb.
(see Note 3) $0.13 $0.13 $0.13 $0.13 $0.13
FDS charge, per lb.
(see Note 4) $2.99 $3.07 $3.15 $3.24 $3.32

7 e. Certain commercial, industrial, and/or user -specific discharger type customers of the city who also discharge high strength flows to the city sewer system and/or qualify as "industrial users " under the ordinances and regulations of the VVWRA, may currently pay or become subject to payment of additional charges directly to the VVWRA for sewage treatment or pretreatment, for which additional charges may increase based on updated control parameters and surcharge rates duly established by the VVWRA.

Section 6. Revision of Section 10.01.040 of Chapter 10.01 (SEWER RATE ORDINANCE).

SECTION 10.01.040 (CONNECTION FEES) OF THE VICTORVILLE MUNICIPAL CODE IS HEREBY REVISED IN ITS ENTIRETY TO READ AS FOLLOWS:

10.01.040 – Sewer capacity charges.

a. Definitions. Sewer capacity charges (as defined in Government Code Section 66013) have been established for residential and non -residential development on a per equivalent dwelling unit ( "EDU") basis as part of the City’s Development Impact Fee program as set forth in section 16 -5-01.080 of Title 16 of this Code. An EDU represents the estimated daily sewer flow of a typical single-family dwelling unit, which is approximately one hundred forty -nine (149) gallons per day ( gpd) or twenty (20) plumbing fixture units as defined in the latest version of the California Plumbing Code as adopted by the City in Title 16 of this Code. An EDU analogue may also be determined using the projected daily average sewer flow as provided by the prospective development and dividing that flow by 149 gpd.

b. Calculation. The total sewer capacity charge per house, habitation , structure, or other development is calculated by multiplying the currently applicable per EDU sewer capacity dollar amount (as set forth in the City’s most recently adopted Development Impact Fee master fee schedule ) by the applicable number of EDUs.

The following table provides the generally -applicable minimum number of EDUs for various types of development . However, to ensure that the City’s sewer system provides adequate capacity to serve new development and to account for potential classification anomalies , the City retains the discretion to use the minimum EDUs set forth in the table below or a flow-based EDU analogue as described in subdivision a of this section to calculate the appropriate total sewer capacity charge :

TYPE OF

DEVELOPMENT DESCRIPTION MINIMUM
EDU
Residential:

Single family
dwellings
Twenty (20) plumbing fixture units (PFU) or less; incremental charges added proportionally for connections in excess of twenty (20) PFUs. 1.000 Multi-family
dwellings Per dwelling unit 0.916
Trailer or
mobile home
park
Per space 1.000
8 Commercial:

Motels Per dwelling unit; One-quarter (0.25) additional EDU for each dwelling unit with kitchen. 0.500
Hotels Per bedroom; One-quarter (0.25) additional EDU for each dwelling unit with kitchen. 0.500
Animal clinics 3.000
Barber shops 1.300
Beauty shops 1.300
Bottling works
(soft drink) 4.000
Churches Without kitchen 1.000
Churches With kitchen 2.000
Churches with
Schools See Elementary Schools, High Schools, and Junior High Schools. 1.000 Factory
One (1) additional EDU for each ten (10) or fewer employees after the first ten (10). The City reserves the right to determine that a particular class of industrial customer shall be subject to these provisions or any modification thereof. In such event, the affected customers shall be given at least fourteen (14) days' written notice prior to a hearing by the City Council thereon.

4.000
Food market One (1) additional EDU per month for commercial garbage grinder. 1.000 Hospital One (1) additional EDU for up to each two (2) beds after the first two (2). 1.000
Industrial
The greater of: One additional EDU for each ten or fewer employees after the first ten; or number of EDUs to be determined based on plumbing fixture counts. The city reserves the right to determine that a particular class of industrial customer shall be subject to these provisions or any modification thereof. In such event, the affected customers shall be given at least fourteen days' written notice prior to a hearing by the city council thereon.

4.000
Laundries and
laundromats
One (1) additional EDU for each three (3) or fewer machines after the first three (3). 1.000
Libraries 1.000
Mortuary 2.000
Professional
building Per suite 1.000
Public
buildings
The greater of:

One (1) additional EDU for up to each additional ten (10) employees after the first ten (10); or
Number of EDUs to be determined based on plumbing fixture counts.

1.000
9 Restaurants
with bar
One (1) additional EDU for up to each fifteen (15) seats after first thirty (30).

Drive ins—Each one (1) service space equals four (4) seats.

4.000
Restaurants
without bar
One (1) additional EDU for up to each fifteen (15) seats after first thirty (30).

Drive ins—Each one (1) service space equals four (4) seats.

2.000
Rest homes One (1) additional EDU for up to each three (3) beds after the first three (3). 1.000
Elementary
schools
One (1) additional EDU for up to each twenty-three (23) average daily attendance after the first twenty-three (23). 1.000
High Schools
and Junior
High Schools
One (1) additional EDU for up to each fourteen (14) average attendance after the first fourteen (14). 1.000
Service
stations with
rack

4.000
Service
stations
without rack

2.000
Service
stations with
rv dumping
station

3.000
Taverns
One (1) additional EDU for up to each fifteen (15) seats after first thirty (30).

Drive ins—Each one (1) service space equals four (4) seats.

2.000
Theaters Each sewer connection 2.000
General
Commercial—
Establishments
not listed
above or
separately
classified by
future action
of the council
Number of equivalent EDUs to be determined based on plumbing fixture counts. 1.000

c. The city further collects a regional VVWRA connection fee for capacity in the regional interceptor sewer and treatment facilities. This regional connection fee is set by and subject to inflationary adjustment as determined and approved by the VVWRA commission.

10 Section 7. Revision of Section 10.02.300 of Chapter 10.02 (SANITARY SEWER USE ORDINANCE).

SECTION 10.0 2.300 OF THE VICTORVILLE MUNICIPAL CODE, IS HEREBY REVISED IN ITS ENTIRETY TO READ AS FOLLOWS:

10.02.300 - Additional charges for substantial increases in discharges to the public sewer.

Any property currently connected to a public sewer, the discharge from which is later found to have been increased substantially beyond the proportionate share of public sewer capacity allotted to the property by the sewer permit, may be subject to an additional sewer capa city fee and/or a change of customer discharger type classification for the property in accordance with the provisions of chapter 10.01, to cover the costs of providing for adequate public sewer capacity.

Section 8. California Environmental Quality Act.

For the reasons and on the bases set forth in the Recitals of this Ordinance, the City Council has determined that amending and revising the Rates for Sewer Services is exempt from CEQA review.

Section 9. Repeal of Conflicting Provisions.

All ordinances, resolutions, or administrative actions by the City Council, or parts thereof that are inconsistent or otherwise conflict with any provision of this Ordinance are hereby repealed , but only to the extent of such inconsistency or conflict.

Section 10. Severability.

Should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect.

Section 11. Effective Date.

This Ordinance shall take effect thirty (30) days after its final passage.

Section 12. Certification.

The City Clerk of the City of Victorville is hereby directed to certify to the passage and adoption of this Ordinance and to cause it to be published as required by law.

P:\APPS\WPDATA\VVCA\0001-24 - SEWER RATE INCREASE\2023 INCREASE\800.17-ORD NO. 2444 COV SEWER SERVICE RATES CLEAN FINAL V.17 09.27.23.DOCX Item Number: 4
City Council / Board of Directors
Consent Calendar
Meeting of: October 17, 2023
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Reduction of Securities for Tract Map No. 15598
Recommendation:

That the Honorable City Council approve the release of the Labor & Materials securities for the Water, Sewer, Drainage, and LMAD Improvements.

Fiscal Impact:

There is no fiscal Impact associated with this item.

Strategic Plan Goal:

This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026. Although this is not a Capital Improvement Project, we apply the same strategy to private development projects as they are essential in meeting the community’s needs.

Background:

Tract Map No. 15598 (Tract 15598) consists of five phases that are made up of 458 residential lots located south of Rancho Road and east of Boh Lane. The Subdivision Improvement Agreement (SIA) with LGI Homes - California, LLC (LGI) that was recorded on January 23, 2019, is for the completion of Tract Map Nos. 15998-3, 15998-4, and 15998-5.

Discussion:

Per the SIA, LGI was required to complete the water, sewer, drainage, Landscape Maintenance Assessment District (LMAD), monumentation, and street improvements.

At the April 4, 2023, City Council Meeting, the Council accepted the water, sewer, drainage, and LMAD public improvements for Tract Map Nos. 15598-3, 15598-4, and 15598-5. Per Victorville Municipal Code Section 17.64.070(3), the Labor & Materials 3 3
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securities were held for a six-month period, since no claims were submitted, the City Council can release the security completely.

Staff is available to answer any questions Council may have.

Attachments: A. Vicinity Map
B. Security Tables
C. Existing Securities

Attachment A
Vicinity Map

Attachment B
Security Tables

Security Tables
Water, Sewer, Drainage, Street, LMAD, & Monumentation Bond Totals:

Faithful Performance $1,343,016 - Labor & Materials $671,508 Faithful Performance Security
Water Improvements – Bond No. 0751710
Labor & Materials Security
Water Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $6,930.00 Amount of ORIGINAL Security: $3,465.00 Amount of Security CURRENTLY: $1,386.00 Amount of Security CURRENTLY: $3,465.00 Amount of Security being REDUCED: $0 Amount of Security being REDUCED: $3,465.00 Amount of Security REMAINING: $1,386.00 Amount of Security REMAINING: $0 Faithful Performance Security
Sewer Improvements – Bond No. 0751710
Labor & Materials Security
Sewer Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $10,230.00 Amount of ORIGINAL Security: $5,115.00 Amount of Security CURRENTLY: $2,046.00 Amount of Security CURRENTLY: $5,115.00 Amount of Security being REDUCED: $0 Amount of Security being REDUCED: $5,115.00 Amount of Security REMAINING: $2,046.00 Amount of Security REMAINING: $0 Faithful Performance Security
Drainage Improvements – Bond No. 0751710
Labor & Materials Security
Drainage Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $9,900.00 Amount of ORIGINAL Security: $4,950.00 Amount of Security CURRENTLY: $1,980.00 Amount of Security CURRENTLY: $4,950.00 Amount of Security being REDUCED: $0 Amount of Security being REDUCED: $4,950.00 Amount of Security REMAINING: $1,980.00 Amount of Security REMAINING: $0 Faithful Performance Security
Street Improvements – Bond No. 0751710
Labor & Materials Security
Street Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $1,260,989.00 Amount of ORIGINAL Security: $630,494.50 Amount of Security CURRENTLY: $252,197.80 Amount of Security CURRENTLY: $630,494.50 Amount of Security being REDUCED: $0 Amount of Security being REDUCED: $0 Amount of Security REMAINING: $252,197.80 Amount of Security REMAINING: $630,494.50 Faithful Performance Security
LMAD Improvements – Bond No. 0751710
Labor & Materials Security
LMAD Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $5,940.00 Amount of ORIGINAL Security: $2,970.00 Amount of Security CURRENTLY: $1,188.00 Amount of Security CURRENTLY: $2,970.00 Amount of Security being REDUCED: $0 Amount of Security being REDUCED: $2,970.00 Amount of Security REMAINING: $1,188.00 Amount of Security REMAINING: $0 D
eveloper:

LGI Homes – California, LLC
1450 Lake Robbins Drive, Suite 430
The Woodlands, TX 77380
Faithful Performance Security
Monumentation Improvements – Bond No. 0751710
Labor & Materials Security
Monumentation Improvements – Bond No. 0751710
Amount of ORIGINAL Security: $49,027.00 Amount of ORIGINAL Security: $24,513.50 Amount of Security CURRENTLY: $49,027.00 Amount of Security CURRENTLY: $24,513.50 Amount of Security being REDUCED: $0 Amount of Security being REDUCED: $0 Amount of Security REMAINING: $49,027.00 Amount of Security REMAINING: $24,513.50

Attachment C
Existing Securities

Item Number: 5
City Council / Board of Directors
Consent Calendar
Meeting of: October 17, 2023
Submitted By:

Andre de Bortnowsky, City Attorney

Subject:

Settlement Agreement between the City of Victorville and Judy Ng Recommendation:

That the Honorable City Council approve the Citation Settlement Agreement by and between Judy Ng and the City of Victorville in regard to Citation No. 26437 and authorize the City Manager to sign the Citation Settlement Agreement.

Fiscal Impact:

The City recovered its abatement costs of $3,343.59 in November 2021. This amount was allocated to the account as reflected below:

Account No. Description Amount
1004030-44350 Code Compliance - Cost Recovery $3,343.59 The City will recover the sum of $35,840.00 in fines on the Citation.

Account No. Description Amount
1004030-47140 Code Compliance – Admin Citation Fees $35,840.00 The City will recover the sum of $35,840.00 in fines on the Citation, where a payment of $10,0000 will be paid to the City within 15 days after the execution and ratification of the agreement and thereafter, Judy NG will make a total of 11 monthly payments that will include interest at the prime rate of 3.5%, for a total monthly payment amount of $2,431.31 due on the first day of each month. This amount will be allocated to the Code Compliance – Admin Citation Fees account as reflected above.

Strategic Action Plan
This item aligns with Goal B in the Strategic Plan, Public Safety, implementing public safety strategies to support a thriving and growing community. Enforcement of the City’s 3 3
3 5
excess cannabis cultivation ordinance protects the health, welfare and safety of the City’s residents from the public nuisance conditions associated with these properties and helps ensure properties are repaired.

Background:

On December 17, 2019, the City of Victorville (“City”) adopted Ordinance No. 2400 amending the Victorville Municipal Code (“VMC”) to include section 13.150.060. VMC section 13.150.060 became effective on January 1, 2020 and provides an administrative citation and fine structure for excess cannabis cultivation within the City limits. The State of California allows for the cultivation of up to six (6) cannabis plants at a residential property. VMC section 13.150.060(c) prohibits cultivation of cannabis in excess of six (6) plants at residential properties within the City limits. A violation of VMC section

13.150.050(c) carries a $100.00 fine per plant for plants found in excess of the six (6) allowable cannabis plants.

In recent history, the City’s Police and Code Compliance Departments have encountered excess cannabis cultivation operations inside residential homes. A typical excess cannabis cultivation within the City has ranged from approximately 200 to 2,000 cannabis plants being cultivated inside a residential home. These excess cannabis cultivation operations result in substantial damage to the interior of the home. Although the prohibition of excess cannabis cultivation applies to commercial properties within City limits as well as homes, the majority of these types of illegal cannabis cultivation operations occur inside residential properties.

The City’s Police and Code Compliance Departments investigate excess cannabis cultivation operations. These departments issue citations to the property owner or responsible party. The City’s Building Department, along with the Police and Code Compliance Departments, work to secure the residence, record building and safety violations present at the property that are the result of the excess cannabis cultivation, stabilize the utilities, and remove the cannabis from the home. The City incurs abatement costs related to the work completed by City departments stemming from the cannabis removal and securing the residential or commercial structure.

The administrative citation and fine process defined in VMC section 13.150.060 is one way the City combats excess cannabis cultivations within its City limits. Enforcement of the City’s excess cannabis cultivation ordinance is intended to protect the health, welfare, and safety of the City’s residents from the public nuisance conditions associated with these properties.

Discussion:

Judy Ng owns a residential property in Victorville. An excess cannabis cultivation operation was found inside its residential property in July 2020. The City issued a citation for a violation of VMC section 13.150.060(c). The City's Code Compliance, Police and Building Departments abated the dangerous conditions present at the property. 3 3
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Pursuant to the Closed Session discussion on August 15th, 2023, Judy Ng has accepted the terms of the settlement offer from the City Council. The settlement terms, which are memorialized in the attached settlement agreement, require Ms. Ng to pay the sum of $35,840.00, including interest, and waives any penalties or other fees that have accrued since the issuance of the citation. Judy Ng has previously paid the City’s abatement costs in November 2021 and no further amount is due.

In the event Ms. Ng fails to fulfill her obligations under the Agreement, the Agreement gives the City the right to sue her for the full amount of the settlement, and to recover its attorneys’ fees incurred.

Staff and the City Attorney’s office recommend that the City Council approve and authorize the City Manager to sign the attached Citation Settlement Agreement as it is consistent with the City Council direction given during the Closed Session portion of its August 15th, 2023, meeting.

Attachments: A. Citation Settlement Agreement

ATTACHMENT A

CITATION SETTLEMENT AGREEMENT

Citation Settlement Agreement Page 1

CITATION SETTLEMENT AGREEMENT

THIS CITATION SETTLEMENT AGREEMENT (the “Agreement”) is entered into as of October _, 2023 (the “Effective Date”), by and among the CITY OF VICTORVILLE, a municipal corporation, (“City”), and Judy Ng ("Defendant"). City and Defendant are collectively referred to as the "Parties", with respect to the following:

RECITALS

WHEREAS, Defendant is the owner of a residential property located at 15916 Opal Mountain Place (“Property”); and

WHEREAS, Defendant is the property owner and person in full charge and control of the Property; and

WHEREAS, Defendant has been issued Citation No. 26437 (hereinafter t he “Citations”) by the City of Victorville Code Enforcement Division, for violating Victorville City Municipal Code 13.150.060(c) pertaining to excess cannabis cultivation at the Property as well as ongoing property maintenance violations; and

WHEREAS, Defendant has incurred a total administrative fines and penalties in the amount of $51,200.00 (the ”Citation Fine Amount”); and

WHEREAS, the Parties believe that it is in its best interest to settle the citation fine amounts pursuant to the terms of this Agreement; and

NOW THEREFORE, in consideration of the mutual promises and releases contained herein, and for other good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows:

AGREEMENT

SECTION 1. DEFENDANT’S OBLIGATIONS

1.1 Defendant shall take the following steps immediately following the date of execution of this Agreement:

• In Citation No. 26437, Defendant agrees to pay a fine of $35,840.00.

1. Defendant shall pay $10,000 to the City of Victorville within fifteen (15) days of the execution and ratification of this agreement by the City Council of Victorville.

2. Thereafter, Defendant shall make monthly payments of $ 2,431.31 to the City of Victorville for a period of 11 months, this monthly amount

Citation Settlement Agreement Page 2
included interest at the prime rate of 3.5%. The monthly payments shall be made on the first day of each month, commencing on November 1, 2023.

3. All Penalties, Interest and other Fees that have accrued since the issuance of the citation are waived by this Agreement.

• Defendant shall comply with all requirements in the Notice of Violation, issued by the City of Victorville Code Enforcement Division, July 26, 2020.

• To the extent the Subject Property is leased by Defendant, Defendant shall obtain and maintain a City of Victorville Rental Property Business License:

• The Defendant and his agents shall not use or allow the Property to be used in a manner which violates Victorville Municipal Code Chapter 13.150.060(c).

SECTION 2. CITY’S OBLIGATIONS

The City upon receipt and clearance of the full Settlement Amount, the City shall immediately execute all documents necessary to release the Lien recorded against the Property on February 27, 2020.

SECTION 3. REMEDIES FOR FAILURE TO COMPLY

Defendant’s failure to comply with Section 1 of this Agreement shall entitle the City t o: (1) initiate proceedings in Superior Court to enforce this Agreement; (2) to revoke Defendant’s Business License; and/or (3) take any other legal remedy available under the law or equity to the City. In any action to enforce the terms of this Agreement, the prevailing party will be entitled to its attorneys’ fees and costs incurred.

SECTION 4. NOTICE

Any notice or communication required hereunder between City and Defendant shall be in writing and may be given by both regular United States Mail and by certified mail, return- receipt requested. Notice or communications shall be deemed to have been given on the date of mailing. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Notices or communications given directly between the parties shall only be sent to the other party. Notices or communications given by legal counsel shall only be served upon legal counsel for the other party. Such notices or communications shall be given to the parties at their respective addresses set forth below:

Citation Settlement Agreement Page 3

To City: Jorge Duran, Code Enforcement Manager
City of Victorville
14343 Civic Drive
PO Box 5001
Victorville, CA. 92393-500

To City’s Counsel: Joan Stevens Smyth, Deputy City Attorney City of Victorville
30077 Agoura Court, Suite 210
Agoura Hills, California 91301

To Defendant: Judy Ng
2743 Morningside Street
Pasadena, CA 91107

SECTION 5. MODIFICATIONS

Neither this Agreement, nor any term or provision thereof, may be waived, modified, or amended except by written agreement signed by all Parties.

SECTION 6. JOINTLY DRAFTED

It is agreed to by and between the Parties that this Agreement was jointly negotiated and jointly drafted by the Parties, and that it shall not be interpreted or construed in favor or against either party on the ground that said party drafted the Agreement. The language of this Agreement shall be construed as a whole according to its fair and logical meaning and not strictly for or against any of the Parties.

SECTION 7. RIGHT TO SEEK INDEPENDENT LEGAL COUNSEL

Each Party acknowledges that it has had the right to retain independent legal counsel of its own choice throughout all of the negotiations which preceded the execution of this Agreement, and that each Party has executed this Agreement voluntarily and with a full understanding of each and every term of the Agreement whether or not with the consent and on the advice of such independent legal counsel.

SECTION 8. SEVERABILITY

If any part of this Agreement is said to be unlawful or not effective, the remainder of this Agreement shall remain in full force and effect.

SECTION 9. COUNTERPARTS

This Agreement may be executed in one or more identical counterparts, each of

Citation Settlement Agreement Page 4
which shall be deemed to be an original hereof. Signatures via facsimile or otherwise transmitted electronically are authorized and shall be deemed original signatures.

SECTION 10. WAIVER

A waiver of any provision of this Agreement by any of the Parties shall not be deemed a waiver of such provision either before or thereafter and shall not be deemed a waiver of any other provision of this Agreement.

SECTION 11. EFFECTIVE DATE

This Agreement shall become effective only upon its execution by each of the persons and entities set forth below and ratification of the City Council of Victorville.

SECTION 12. TIME IS OF THE ESSENCE

Time is of the essence with respect to any act or performance under this Agreement.

[THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK]

Citation Settlement Agreement Page 5
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective the day and year first written above.

CITY OF VICTORVILLE

By: ____________________________
Keith Metzler

CITY MANAGER

APPROVED AS TO FORM:

By: ____________________________
Joan Stevens Smyth,
Deputy City Attorney

ATTEST:

By: ____________________________
Jennifer Thompson, City Clerk

DEFENDANT

____________________________
Judy Ng

Item Number: 6
City Council / Board of Directors
Written Communications
Meeting of: October 17, 2023
Submitted By:

Fredy Bonilla, City Engineer
Doug Mathews, Director of Public Works and Water

Subject:

Reclaimed Water Reservoir Grant
Recommendation:

That the Honorable Water District Board of Directors take the following actions:
(1) Adopt Resolution No. VWD 23-014 authorizing staff to apply for a Federal Bureau of Reclamation Grant for the One Million Gallon Reclaimed Water Reservoir Project;
(2) Approve the District matching funds of 50% of the construction costs; (3) Authorize the General Manager or his designee to process all documents required for grant administration.

Fiscal Impact:

If the District’s application for the Federal Bureau of Reclamation Grant is awarded, the grant funds could generate up to $2,942,990 to fund the construction of the One Million Gallon Reclaimed Water Reservoir Project. The District would be required to pledge 50% matching funds of up to $2,942,990 or 50% of the total construction cost which would be funded from Fund 413 Reclaimed Water Fund.

Strategic Plan Goal:

This item aligns with “Goal E: Invest in Infrastructure, Strategy 5. Complete design and begin construction of the new recycled water reservoir to enhance water resources” in the City of Victorville Strategic Plan 2023-2026. The new recycled water tank will increase the reliability of the City’s existing recycled water network.

Background:

Reclaimed (or “recycled”) water is currently used at Southern California Logistics Airport (SCLA) to offset some potable water demands. The Victorville Water District (VWD) currently supplies reclaimed water to the High Desert Power Project (HDPP) for cooling water, for the irrigation of two City park facilities, and the irrigation for the landscaping of the M&M Mars development within SCLA. The VWD plans to expand the reclaimed water 3 3
2 2
distribution system at SCLA to serve additional customers, continue water conservation efforts, and increase use of reclaimed water to offset potable water demand to balance supplies and demands into the future.

The design plans for a new one million gallon recycled water storage reservoir and associated pumping system are currently 90% complete. The pre-stressed concrete reservoir will be a cylindrical shaped tank located near the existing one million gallon elevated recycled water reservoir. The new reservoir will replace an existing open-air lined pond that requires a high level of maintenance because of algae growth and debris issues. The new reservoir will improve the reliability and water quality of the reclaimed water system and reduce ongoing maintenance requirements. Please refer to Attachment B for a location map of the existing reservoir and proposed new reservoir.

Discussion:

Staff is aware of a grant funding opportunity from the Federal Bureau of Reclamation, which could potentially offset a portion of the total cost of the recycled water storage reservoir project. The minimum match requirement of the grant is 50 percent of the project cost. The preliminary cost estimate for this project is $5,885,980. Staff will be applying for a grant amount of $2,942,990, which is the maximum amount that may be awarded for this project based on the estimated costs. If the grant is awarded the District’s match would be paid with funds to be budgeted for construction in the Reclaimed Water Fund (Fund 413). This project is also identified in the City’s Recycled Water Master Plan.

This is the District’s second attempt to secure federal funding for the reclaimed water tank. In 2020, the District applied for a Federal Bureau of Reclamation grant, however the project was in the early stages of design and did not receive any grant funding. We will be applying the lessons learned from the 2020 cycle, to prepare a more competitive application.

Through the WaterSMART Drought Response Program (grant program), the Bureau of Reclamation provides grant funding for eligible projects. This current Funding Opportunity Announcement (FOA) supports Drought Resiliency Projects that will build long-term resilience to respond to droughts and reduce the need for emergency response actions, please see Attachment C.

The objective of this FOA is to invite states, tribes, irrigation districts, water districts, and other organizations with water or power delivery authority to leverage their money and resources by cost sharing with Bureau of Reclamation on Drought Resiliency Projects.

The benefits of these projects need to include one or more of the following: increasing the reliability of water supplies; improving water management; and/or providing benefits for fish wildlife, and the environment to mitigate impacts caused by drought.

Projects carried out through Drought Resiliency Project Grants can increase water management flexibility, making the water supply more resilient. This helps to prepare for and address the impacts of drought. The grant program cycle for 2024 is now open and grant applications must be submitted by October 31, 2023. Staff have been preparing the 3 3
2 2
application for the grant funds and plans to submit the application in advance of the deadline.

One of the requirements of the grant program is that the Board of Directors adopt a resolution to authorize staff to apply for the grant. The Federal Bureau of Reclamation requires an official resolution adopted by applicant’s board of directors or governing body to commit the applicant to the financial and legal obligations associated with receipt of a financial assistance award. Resolution No. VWD 23-014, Attachment A, is attached herein for Board of Directors review and approval.

According to the current grant schedule, grant awards are expected to be announced in July 2024 but the grant funds would not be available until December of 2024. If staff is successful in securing a grant, the VWD would then be required to enter into an agreement with the Bureau of Reclamation.

Staff recommends that the Water District Board of Directors adopt Resolution No. VWD 23-014 to authorize staff to apply for a Federal Bureau of Reclamation grant for the One Million Gallon Reclaimed Water Reservoir Project.

Staff is available to answer any questions the Board may have.

Attachments: A. Resolution No. VWD 23-014
B. Location Map
C. Notice of Funding Opportunity

ATTACHMENT A
RESOLUTION NO. VWD 23-014

A RESOLUTION OF THE BOARD OF DIRECTORS OF VICTORVILLE WATER DISTRICT

APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE UNITED STATES BUREAU OF RECLAMATION’S WATERSMART DROUGHT RESPONSE PROGRAM:

DROUGHT RESILIENCY PROJECTS FOR FISCAL YEAR 2024 FOR A 1 MILL ION

GALLON RECLAIMED WATER RESERVOIR CAPITAL IMPROVEMENT PROJECT WHEREAS, the Victorville Water District (Water District) has the authority to construct, operate, and maintain its water systems and deliver water to the inhabitants of the City of Victorvil le (“City”) and others within its jurisdic�onal boundaries; and WHEREAS, the United States Department of the Interior, Bureau of Reclama�on ( Reclama�on) has released a No�ce of Funding Opportunity (NOFO) Number R24AS00007 for its WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2024 (WaterSMART Grant); and
WHEREAS, the Water District intends to construct a one-million gallon reclaimed water reservoir (Reclaimed Reservoir Project) to assist in reducing the City’s reliance on groundwater in an effort to increase the City’s drought resilience; and
WHEREAS, the Water District is eligible to submit applica�ons for federal grant funding to Reclama�on for up to 50 percent of the total cost, for its Reclaimed Reservoir Project; and WHEREAS, the Water District has prepared an applica�on to apply for federal grant funding from Reclama�on to assist in the funding of its Reclaimed Reservoir Project; and WHEREAS, the Water District, if selected by Reclama�on to receive WaterSMART Grant funding, will enter into an agreement with Reclama�on to carry out the Reclaimed Reservoir Project.

NOW, THEREFORE, THE BOARD OF DIRECTORS OF VICTORVILLE WATER DISTRICT DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That the Recitals set forth above are true and correct, and together with any defini�ons set forth therein are incorporated and made part of t his Resolu�on by this reference.

SECTION 2. That the General Manager of the Water District or his/her designee (General Manager) is hereby authorized to submit the applica�on to Reclama�on for grant funding of up to 50 percent of the total cost, for its Reclaimed Reservoir Project.

SECTION 3. That the Water District Board of Directors (District Board) has reviewed and supports the Water District’s filing of an applica�on for the WaterSMART Grant funding to implement the Reclaimed Reservoir Project.

SECTION 4. That the Water District cer�fies it has the capability to provide 50 percent or more of the total Reclaimed Reservoir Project costs as specified in the construc�on budget informa�on submited with the applica�on.

SECTION 5. That th e Water District , through its General Manager, will work with Reclama�on to meet established deadlines for entering into a grant or coopera�ve agreement.

SECTION 6. That the Water District understands and will comply with t he assurances and cer�fica�on in the applica�on.

SECTION 7. That the General Manager, or his/her designee, is hereby authorized by the District Board to conduct all nego�a�ons, execute, and submit all documents including, but not limited to , applica�ons, agreements, payment requests, and other documents which may be necessary to obtain WaterSMART Grant funding for the Reclaimed Reservoir Project.

SECTION 8. That the Water District Board Secretary shall cer�fy to the adop�on of this Resolu�on.

SECTION 9. That this Resolu�on shall take effect immediately upon its adop�on.

ATTACHMENT B

ATTACHMENT C
U.S. Department of the Interior August 2023

Notice of Funding Opportunity No. R24AS00007
WaterSMART
Drought Response Program:

Drought Resiliency Projects for
Fiscal Year 2024

Mission Statements

The U.S. Department of the Interior protects and manages the Nation’s natural resources and cultural heritage; provides scientific and other information about those resources; honors its trust responsibilities or special commitments to American Indians, Alaska Natives, and affiliated Island Communities.

The mission of the Bureau of Reclamation is to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the American public.

Cover Photo – Lake Meade, 2022. (Bureau of Reclamation)

Synopsis
Federal Agency Name: Department of the Interior, Bureau of Reclamation, Water Resources and Planning Office
Funding Opportunity Title: WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year (FY) 2024
Announcement Type: Notice of Funding Opportunity (NOFO) Funding Opportunity Number: R24AS00007
Assistance Listing Number: 15.514
Dates:
(See NOFO Sec. D.4)
Application due date: Friday, October 31, 2023, 4:00 pm Mountain Daylight Time (MDT) (Paper Submissions). Friday October 31, 2023, 10:00 pm MDT (grants.gov submissions)
Eligible Applicants:
(See NOFO Sec. C.1)
Drought Resiliency Projects: Tasks A-C
Category A: States, Tribes, irrigation districts, and water districts; state, regional, or local authorities whose members include one or more organizations with water or power delivery authority; and other organizations with water or power delivery authority.

Category A applicants must be located in the Western United States or United States Territories, including Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and Puerto Rico.

Category B: Nonprofit conservation organizations that are acting in partnership and with the agreement of an entity described in Category A.

Category B applicants must be in the United States or one of the Territories identified above.

Domestic Water Supply Projects: Task D
A State, Tribe, irrigation district, water district, or other organization with water or power delivery in one of the following states or territories: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, American Samoa, Guam, the Northern Mariana Islands, or the Virgin Islands.

Recipient Cost Share:
(See NOFO Sec. C.2)
Domestic Water Supply Projects for Tribes for disadvantaged communities (Task D projects) require a five percent non-Federal cost-share1. All other projects require a non-federal cost-share of at least 50 percent or more of total project costs is required.

1 Non-Federal cost-share for Domestic Water Supply Projects is waivable upon request. See Section C.2 for more information.

Federal Funding Amount
(See NOFO Sec. B.2)
Drought Resiliency Projects Tasks A-C:

Funding Group I: Up to $500,000 per agreement for a project that can be completed within two years.

Funding Group II: Up to $2,000,000 per agreement for a project that can be completed within three years. Projects in this group may be funded on an annual basis. Funding for the second and third years of the project is contingent upon future appropriations.

Funding Group III: Up to $5,000,000 per agreement for a project that can be completed within three years. Projects in this group may be funded on an annual basis. Funding for the second and third years of the project is contingent upon future appropriations.

Domestic Water Supply Projects Task D:

Up to $10,000,000 per agreement that can be completed within three years.

Estimated Number of Agreements to
be Awarded:
(See NOFO Sec. B)
Approximately 25 to 40 projects contingent upon available Federal appropriations.

Intergovernmental Review:
(See NOFO Sec. D.5)
An intergovernmental review may be required for applications submissions from a U.S. state or local government prior to submission. Applicants should contact their State’s Single Point of Contact (SPOC) to comply with the state’s process under Executive Order 12372.
www.whitehouse.gov/wp-
content/uploads/2020/04/SPOC-4-13-20.pdf

Application Checklist
This table summarizes the information you are required to submit with your application.  Mandatory Application Components: Required
Content Page
Mandatory Federal forms:
• SF-424: Application for Federal Assistance (Office of Management and Budget (OMB)

• SF-424A: Budget Information - Non-Construction Programs (OMB) OR SF- 424C: Budget Information - Construction Programs (OMB)
• SF-424B: Assurances - Non-Construction Programs (OMB) OR SF-424D:

Assurances - Construction Programs (OMB)
22 Unique Entity Identifier (UEI) and System for Award Management (SAM) registration
29 Technical Proposal (Use Project Narrative Attachment Form to upload in Grants.gov)
22 Budget Narrative (Use Budget Narrative Attachment Form to upload in Grants.gov)
25  Recommended Application Components: Content Page
Environmental and cultural resources compliance 26
Required Permits and Approvals 26
Overlap or duplication of effort statement 26
Conflict of interest disclosure statement 27
Uniform audit reporting statement 28
SF-LLL: Disclosure of Lobbying Activities (required, if applicable) 28 Letters of Support 28
OMB 4040-0013 Certification Regarding Lobbying (if applicable). 29 Letter of Funding Commitment 29

Acronyms and Abbreviations
ARC Application Review Committee
ASAP Automated Standard Application for Payments
BIL Bipartisan Infrastructure Law
CE Categorical Exclusion
CEC Categorical Exclusion Checklist
CEJST Climate and Economic Justice Screening Tool
CFR Code of Federal Regulations
CWA Clean Water Act
DOI U.S. Department of the Interior
EA Environmental Assessment
EIS Environmental Impact Statement
E.O. Presidential Executive Order
ESA Endangered Species Act
FAIN Federal Award Identification Number
FAPIIS Federal Award Performance Integrity Information System FGDC Federal Geospatial Data Committee
FOIA Freedom of Information Act
FONSI Finding of No Significant Impact
FY Fiscal Year
GIS Geographic Information Systems
IRA Inflation Reduction Act
OMB Office of Management and Budget
OM&R Operations, Maintenance, and Replacement
NAICS North American Industry Classification System
NEPA National Environmental Policy Act
NHPA National Historic Preservation Act
NOAA National Oceanic and Atmospheric Administration
NOFO Notice of Funding Opportunity
NRCS Natural Resources Conservation Service
P.L. Public Law
PSC Product Service Code
Reclamation Bureau of Reclamation
SAM System of Award Management
SPOC Single Point of Contact
TAP Technical Assistance Program
UEI Unique Entity Identifier
U.S.C. United States Code
USFWS U.S. Fish and Wildlife Service
WaterSMART Sustain and Manage America’s Resources for Tomorrow WIIN Water Infrastructure Improvements for the Nation

Contents
Section A. Program Description ......................................................................................................................... 1 Authority.........................................................................................................................................................................................1 Background, Purpose, and Program Requirements .....................................................................................................1 Notice of Funding Opportunity Purpose and Objectives ..........................................................................................2 Other Related Funding Opportunities ...............................................................................................................................3 Section B. Award Information ............................................................................................................................ 5 Total Funding ................................................................................................................................................................................5 Expected Award Amounts .......................................................................................................................................................5 Anticipated Award Funding and Dates ..............................................................................................................................6 Number of Awards .....................................................................................................................................................................6 Type of Award ..............................................................................................................................................................................6 Technical Assistance ..................................................................................................................................................................7 Section C. Eligibility Information ....................................................................................................................... 9 Eligible Applicants ......................................................................................................................................................................9 Cost Sharing or Matching .................................................................................................................................................... 10 Other ............................................................................................................................................................................................. 12 Eligible Projects ........................................................................................................................................................................ 12 Section D. Application and Submission Information .................................................................................... 21 Address to Request Application Package ..................................................................................................................... 21 Content and Form of Application Submission ............................................................................................................ 21 Unique Entity Identifier (UEI) and System for Award Management (SAM)..................................................... 29 Submission Date and Time.................................................................................................................................................. 30 Intergovernmental Review................................................................................................................................................... 33 Funding Restrictions............................................................................................................................................................... 33 Section E. Application Review Information .................................................................................................... 35 Evaluation Criteria .................................................................................................................................................................... 35 Review and Selection Process ............................................................................................................................................. 47 Federal Award Performance Integrity Information System .................................................................................... 49 Anticipated Announcement and Federal Award Dates ............................................................................................ 50 Section F. Federal Award Administration Information ................................................................................. 51 Federal Award Notices ........................................................................................................................................................... 51 Administrative and National Policy Requirements ..................................................................................................... 51 Reporting Requirements and Distribution .................................................................................................................... 57 Disclosures .................................................................................................................................................................................. 59 Data Availability (2 CFR §1402.315) .................................................................................................................................. 59 Freedom of Information Act ................................................................................................................................................ 60 Section G. Federal Awarding Agency Contacts .............................................................................................. 61 Reclamation Financial Assistance Contact .................................................................................................................... 61 Reclamation Program Coordinator Contact................................................................................................................. 61 Section H. Other Information ........................................................................................................................... 63 Environmental and Cultural Resource Considerations ............................................................................................ 63

1 Section A. Program Description
Authority
This Notice of Funding Opportunity (NOFO) is issued under the authority of Section 9504(a) of the Secure Water Act, Subtitle F of Title IX of the Omnibus Public Land Management Act of 2009, Public Law (P.L.) 111-11 (42 United States Code (U.S.C.) 10364), as amended, and the Inflation Reduction Act of 2022, P.L. 117-169, Section 50231.

Background, Purpose, and Program Requirements
The U.S. Department of the Interior’s (DOI) WaterSMART (Sustain and Manage America’s Resources for Tomorrow) Program provides a framework for Federal leadership and assistance to stretch and secure water supplies for future generations in support of the Department’s priorities. Through WaterSMART, the Bureau of Reclamation (Reclamation) leverages Federal and non-Federal funding to work cooperatively with States, Tribes, and local entities as they plan for and implement actions to increase water supply reliability through investments in existing infrastructure and attention to local water conflicts.

Drought conditions across the West impact a wide range of communities and sectors, including agriculture, cities, Tribes, the environment, recreation, hydropower producers, and others. While waves of precipitation have hit the Western United States since December of 2022, as of August 3, 2023, the U.S. Drought Monitor indicates that more than 51 percent of the land in the United States is still in abnormally dry to exceptional drought conditions. The WaterSMART Drought Response Program supports a proactive approach to drought by providing financial assistance to develop and update comprehensive drought plans (Drought Contingency Planning) and implement projects that will build long-term resilience to drought (Drought Resiliency Projects).

Collaboration with a multitude of customers, partners, and stakeholders is essential to identifying successful strategies to address complex water management issues such as drought. Collaborations are central to Reclamation’s approach to addressing drought in the West, and WaterSMART’s Drought Response Program supports the goals of the Interagency Drought Relief Working Group established in March 2021 and the National Drought Resiliency Partnership formed in 2016 to enhance Federal coordination of drought activities.

The WaterSMART Drought Response also provides support for priorities identified in Presidential Executive Order (E.O.) 14008: Tackling the Climate Crisis at Home and Abroad and aligned with other priorities, such as those identified in E.O. 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. The WaterSMART Drought Response will advance the Biden-Harris Administration’s Justice40 Initiative. Established by E.O. 14008, the Justice40 Initiative has made it a goal that Notice of Funding Opportunity Announcement No. R24AS00007

2 40 percent of the overall benefits of certain federal investments, such as climate, clean energy, and other areas, flow to disadvantaged communities.2
For further information on the Drought Response Program, please see www.usbr.gov/drought.

For further information on the WaterSMART Program, please see www.usbr.gov/WaterSMART.

With the passage of the Inflation Reduction Act (IRA), Reclamation is able to offer an opportunity that provides up to 100 percent of the cost for the planning or design of domestic water supply projects that benefit disadvantaged communities or households that do not have reliable access to domestic water supplies. Tribes, territories, and other disadvantaged communities are encouraged to reach out to the Program Coordinator contact in Section G – Federal Awarding Agency Contacts, to learn more about this opportunity. If your project is selected, some technical assistance may be available, contingent on Reclamation staff availability.

Notice of Funding Opportunity Purpose and Objectives
This NOFO’s objective is to invite eligible applicants to submit proposals for projects that can increase water management flexibility—making our water supply more resilient. This helps to prepare for and address the impacts of drought and water supply shortages. Projects that may be funded under this NOFO are divided into four task areas (Task A, B, C, or D), and a brief summary of each task area is provided below. For more detailed information regarding task areas, please see Section C.4. Eligible Projects.

Applicant eligibility and required non-federal cost-share vary by task area. Please see Sections C.1. Applicant Eligibility and Section C.2. Cost Sharing or Matching for detailed information. • Drought Resiliency Projects: Tasks A-C (50 percent non-federal cost-share required)

o Task A: Increasing the Reliability of Water Supplies through Infrastructure Improvements.
o Task B: Increasing the Reliability of Water Supplies Through Groundwater Recovery.
o Task C: Projects to Improve Water Management through Decision Support Tools, Modeling, and Measurement.

Proposals submitted under Tasks A-C need to demonstrate that the proposed project is supported by an existing drought planning effort. It is a well-established principle that

2 For more information, see E.O. 14008, Tackling the Climate Crisis at Home and Abroad (Jan. 27, 2023), https://www.federalregister.gov/documents/2021/02/01/2021-02177/tackling-the-climate-crisis-at-home-and- abroad; Justice40 Initiative, https://www.whitehouse.gov/environmentaljustice/justice40/.

Section A. Funding Opportunity Description

3 proactively identifying resiliency projects through drought planning, in advance of a crisis, is far more cost effective than emergency response. As stated on the University of Nebraska’s Drought Resources website, droughtresources.unl.edu/why-plan:

One frequently cited estimate from the Federal Emergency Management Agency is that “mitigation”—taking steps ahead of time to prevent known impacts from a natural disaster—saves $4 for every $1 expended.

Planning ahead is generally seen as more efficient and more effective than measures taken in crisis mode. Drought researchers have found that after-the-fact assistance to farmers, for example, is expensive and doesn’t necessarily reach the right people.

• Domestic Water Supply Projects: Task D (Five percent non-Federal cost-share is required3)

Task D: Construction of domestic water supply projects for Tribes or disadvantaged communities that do not have reliable access to water supplies.

Proposals submitted under Task D need to demonstrate that the primary purpose of the proposed project is to provide domestic water supplies to communities or households that do not have reliable access to domestic water supplies and that the project will benefit Tribes or disadvantaged communities.

Other Related Funding Opportunities
• WaterSMART Drought Contingency Planning. Financial assistance is provided under the Drought Response Program, on a 50/50 cost share basis, to develop a drought contingency plan or to update an existing plan.

• WaterSMART Environmental Water Resources Projects. Projects focus on environmental benefits developed as part of a collaborative process to help carry out an established strategy to increase the reliability of water resources. Reclamation provides cost-share funding for projects that include water conservation and efficiency projects that result in quantifiable and sustained water savings and benefit ecological values; water management or infrastructure improvements to mitigate drought-related impacts to ecological values; and watershed management or restoration projects benefitting ecological values that have a nexus to water resources or water resources management.

3 Non-Federal cost-share for Domestic Water Supply Projects is waivable upon request. See Section C.2 for more information.

Notice of Funding Opportunity Announcement No. R24AS00007

4 The Federal share of the cost of an infrastructure improvement or activity may be up to 75 percent of the cost of the infrastructure improvement or activity, if certain conditions are met.

• WaterSMART Grants: Water and Energy Efficiency Grants. Financial assistance is provided, on a 50/50 cost share basis for projects that conserve and use water more efficiently; increase the production of hydropower; mitigate conflict risk in areas at a high risk of future water conflict; and accomplish other benefits that contribute to water supply reliability in the Western United States.

• WaterSMART: Title XVI Congressionally Authorized Water Reclamation and Reuse Projects. Through this NOFO, funding is available for planning, design, and construction of congressionally authorized Title XVI Projects.

• WaterSMART: Title XVI Water Infrastructure Improvements for the Nation (WIIN) Water Reclamation and Reuse Projects. Through this NOFO, funding is available for planning, design, and construction of Title XVI Projects and desalination projects that are eligible under Section 4009(c) of the WIIN Act.

• Native American Affairs Technical Assistance Program (TAP). Reclamation’s Native American Affairs TAP provides technical assistance to assist Tribes to develop, manage, and protect their water and related resources. Cost sharing is not required.

• Inflation Reduction Act Section 50231. A request for proposals from the Native American and International Affairs Office will be circulated in 2023 to solicit project proposals for planning, design, or construction of water projects to provide domestic water supplies to disadvantaged communities or households that do not have reliable access to domestic water supplies.

For information on the funding opportunities listed above, visit the WaterSMART Program website at www.usbr.gov/waterSMART or the Native American Affairs Program Technical Assistance Program website at www.usbr.gov/native/programs/TAPprogram.html

5 Section B. Award Information
Total Funding
This NOFO will allocate available program funds including fiscal year (FY) 2024 enacted appropriations for the Drought Program, funding available under the Bipartisan Infrastructure Law (BIL), P.L. 117-58, and funding made available through the IRA, P.L. 117-169.

Applications submitted under this NOFO also may be considered if additional funding becomes available in FY 2024 or thereafter. Applicants that are identified for BIL funding will need to meet additional requirements, including Buy American and Wage Rate Requirements (Davis- Bacon Act). See Section F.2.10 Buy America Domestic Preference and Section F.2.11 Additional Bipartisan Infrastructure Law Requirements: Wage Rate Requirements for more information.

Expected Award Amounts
Multiple applications for funding may be submitted for consideration under this funding opportunity, provided that the project scopes are not duplicative. See Section C.3.1 Multiple Applications for more information.

B.2.1. Drought Resiliency Projects: Tasks A-C

Maximum Award: $5,000,000
Minimum Award: $25,000
If an applicant intends to submit applications for the same project under multiple funding groups, the project scope and overall project budget should be scaled accordingly.

The Federal share (Reclamation’s share in addition to any other sources of Federal funding) of any one proposed project shall not exceed 50 percent of the total project costs. Generally, the non-Federal share of project costs must be expended at the same or greater rate as the Federal share of project costs.

Applicants are invited to submit proposals under the following funding groups for Tasks A-C:

Funding Group I: Up to $500,000 in Federal funds provided through this NOFO will be available for projects that generally should be completed in two years.

Funding Group II: Up to $2,000,000 in Federal funds provided through this NOFO will be available for larger projects that may take up to three years to complete. Projects in this group Notice of Funding Opportunity Announcement No. R24AS00007

6 may be funded on an annual basis, and if so, funding for the second and third years of the project is contingent upon future appropriations.

Funding Group III: Up to $5,000,000 in Federal funds provided through this NOFO will be available for larger projects that may take up to three years to complete. Projects in this group may be funded on an annual basis, and if so, funding for the second and third years of the project is contingent upon future appropriations.

B.2.2.

Domestic Water Supply Projects for Tribes or Disadvantaged Communities: Task D

Maximum Award: $10,000,000
Minimum Award: $25,000
Applicants are invited to submit proposals under Task D for the construction of domestic water supply projects for Tribes or disadvantaged communities that do not have reliable access to water supplies. Up to $10,000,000 in Federal funds provided through this NOFO will be available for projects that generally should be completed in three years.

Anticipated Award Funding and Dates
Anticipated Award Date: October 31, 2024
Anticipated Project Completion Date: October 31, 2026 – October 31, 2027, dependent on Funding Group or Task.

Number of Awards
Approximately 25 to 40 awards, depending on the amount of funding requested by each applicant and the amount of funding available, will be awarded under this NOFO. More awards may be made if additional funding becomes available.

Type of Award
Project awards will be made through grants or cooperative agreements as applicable to each project. If a cooperative agreement is awarded, the recipient should expect Reclamation to have substantial involvement in the project. Substantial involvement by Reclamation may include:

Section B. Award Information

7 • Collaboration and participation with the recipient in the management of the project and close oversight of the recipient’s activities to ensure that the program objectives are being achieved.
• Oversight may include review, input, and approval at key interim stages of the project.

Technical Assistance
By request, Reclamation can provide technical assistance after award of the project. If you plan to receive Reclamation’s assistance, you must account for these costs in your budget. Technical assistance should be discussed with Reclamation staff prior to applying. To discuss available assistance and these costs, contact the Program Coordinator identified in Section G. Agency Contacts.

9 Section C. Eligibility Information
Eligible Applicants
Applicant eligibility varies by project category, otherwise referred to as Task Area (Task); therefore, please carefully review applicant eligibility for the Task in which you are applying.

For more detailed information regarding eligibility per Task, please see Section C.4. Eligible Projects.

C.1.1. Eligible Applicants for Drought Resiliency Projects: Tasks A-C

Category A applicants:
• States, Tribes, irrigation districts, and water districts; • State, regional, or local authorities, the members of which include one or more organizations with water or power delivery authority; and • Other organizations with water or power delivery authority.

Category A applicants must be located in one of the following States or Territories: Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and Puerto Rico.

Category B applicants:

Nonprofit conservation organizations that are acting in partnership with and with the agreement of an entity described in Category A.

To be eligible, Category B applicants should include with their application a letter from the Category A partner stating that the Category A partner:
• Is acting in partnership with the applicant;
• Agrees to the submittal and content of the application; and • Intends to participate in the project in some way (e.g., by providing input, feedback, or other support for the project).

Note: Partners do not necessarily need to contribute cost-share funding.

Category B applicants must be in the United States or one of the Territories identified above.

Notice of Funding Opportunity Announcement No. R24AS00007

10 C.1.2. Eligible Applicants for Domestic Water Supply Projects: Task D

A State, Tribe, irrigation district, water district, or other organization with water or power delivery in one of the following states or territories: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, American Samoa, Guam, the Northern Mariana Islands, or the Virgin Islands.

C.1.3.

Ineligible Applicants

Those not eligible include, but are not limited to, the following entities:
• Federal governmental entities
• Institutions of higher education
• Individuals
• 501(c)6 organizations

Cost Sharing or Matching
Applicant cost-share requirements for projects funded under this NOFO are dependent on the project type.

Note: In accordance with provisions of Public Law 95-134, Title V, § 501 (1977) (codified at 48 U.S.C. 1469a), as amended by Public Law 96-205, Title V, § 601, this cost-sharing requirement is not applicable to American Samoa, Guam, the Northern Mariana Islands, or the Virgin Islands.
• Drought Resiliency Projects Tasks A-C: Applicants must be capable of cost sharing 50 percent or more of the total project costs.

The total project cost is defined as the total allowable costs incurred under a Federal award and all required cost share and voluntary committed cost share contributions, including third-party contributions.

Cost share may be made through cash, costs contributed by the applicant, or third-party in-kind contributions. Third-party in-kind contributions include the value of non-cash contributions of property or services that benefit the federally assisted project and are contributed by non-Federal third parties, without charge. Cost-share funding from sources outside the applicant’s organization (e.g., loans or state grants) should be secured and available to the applicant prior to award. Please see Section D.2.3.12 Official Resolution and Section D.2.2.13 Letters of Funding Commitment for more information regarding the documentation required to verify commitments to meet cost sharing requirements.

Section C. Eligibility Information

11 Other sources of Federal funding may not be counted towards the required cost share.

The exception to this requirement is where the Federal statute authorizing a program specifically provides that Federal funds made available for such program can be applied to matching or cost sharing requirements of other Federal programs, such as awards to Tribal organizations under P.L. 93-638, as amended. If it is determined that the Federal funding cannot be applied towards the non-Federal cost share, the work associated with the funding may be removed from the proposed project.
• Drought Resiliency Projects Task D: Domestic Water Supply Projects for Tribes or disadvantaged communities. A five percent non-Federal cost-share or match is required.

For Task D projects only, applicants may request a cost-share waiver. Upon applicant request and with concurrence from the Secretary of Interior, Reclamation may reduce or waive the five percent non-Federal cost share requirement for Task D projects if an overwhelming Federal interest and a significant financial need are identified. If the funding plan identifies less than five percent non-Federal cost share match, include the request for a cost-share reduction or waiver in the proposal. The request must include information and documentation addressing the factors set forth immediately below.

Reclamation will use the following factors when considering whether to reduce or waive the non-Federal cost share requirement. Please address each of the following criteria and provide an explanation for the applicability of each criterion with supporting documentation:
o Overwhelming Federal Interest. Reclamation will make a determination of whether an overwhelming Federal interest exists based on factors such as the programs and policies of the President and the Secretary of the Department of the Interior.

o Financial Hardship. In determining whether a significant financial need exists the following factors will be considered:
 The population-weighted median household income and average unemployment rate within the study area and the state based on the latest available data from the U.S. Census Bureau’s American Community Survey (
https://www.census.gov/programs-surveys/acs/data/data-
tables.html).
 Family poverty level for the state as estimated by guidelines published annually by the U.S. Department of Health and Human Services (aspe.hhs.gov/poverty-guidelines)
 A current financial statement of the applicant and a statement that the applicant does not possess sufficient funds or assets to pay for all or part of the required cost share.

For more information regarding cost share waivers, please contact the program coordinator identified in Section G. Agency Contacts.

Notice of Funding Opportunity Announcement No. R24AS00007

12 C.2.1. Cost Share Regulations
All cost-share contributions must meet the applicable administrative and cost principles criteria established in 2 Code of Federal Regulations (CFR) Part 200, available at www.ecfr.gov.

C.2.2. Third-Party In-Kind Contributions
Third-party in-kind contributions may be in the form of equipment, supplies, and other expendable property, as well as the value of services directly benefitting and specifically identifiable to the proposed project. Applicants may not include as part of their cost share for projects funded under this NOFO the cost or value of third-party in-kind contributions that have been, or will be, relied on to satisfy a cost-sharing or matching requirement for another Federal financial assistance agreement, a Federal procurement contract, or any other award of Federal funds. Applicants should refer to 2 CFR §200.434 for regulations regarding the valuation of third-party in-kind contributions.

Other
C.3.1. Multiple Applications
Multiple applications for funding may be submitted for consideration under this funding opportunity, (for example, an applicant may submit a proposal for funding under Funding Group I, a separate proposal under Funding Group II, and a separate proposal under Funding Group III) provided that the project scopes are not duplicative. In general, for Tasks A-C, no more than $5,000,000 will be awarded to any one applicant under this NOFO, and no more than $10 million will be awarded to any one applicant under Task D. Category B applicants may be considered for multiple awards of up to $15,000,000 if the Category A partners are different for each project selected. In general, if you are seeking funding for multiple project components, and the components are interrelated or closely related (e.g., a project to construct a new storage and conveyance system coupled with a decision support tool for operation of the system), you should combine these in one application. However, if the projects are only loosely related or are independently operated, you should submit them as separate applications.

C.3.2. Excluded Parties
Reclamation conducts a review of the SAM.gov Exclusions database for all applicant entities and their key project personnel prior to award, and ineligibility conditions apply to this Federal program. If entities or key project personnel are identified in the database as ineligible, prohibited/restricted, or otherwise excluded from receiving Federal contracts, certain subcontracts, or certain Federal assistance and benefits, Reclamation cannot award funds to them.

Eligible Projects
In general, under this NOFO, Reclamation will provide funding for projects that increase water supply reliability and build long-term resilience to drought, reducing the need for emergency Section C. Eligibility Information

13 response actions. Drought resiliency can be defined as the capacity of a community to cope with and respond to drought.

To be eligible for funding under this NOFO, the proposed project should be beyond routine water management activities or activities required by state law for conservation and efficiency.

The proposed project should also help avoid the need for emergency response actions, such as water hauling programs and temporary infrastructure and have ongoing benefits to build long- term resilience.

Applicants may apply for funding in the following four task areas (Task A, B, C, or D) described below. Please see sections C.1.1. and C.1.2. to ensure you are an eligible applicant for the task area in which you are applying. Tasks A-C eligible applicants are outlined in Section C.1., and Task D eligible applicants are outlined in C.1.2.

In general, you may seek funding under one application for multiple project components that include one or a combination of tasks if the project components are interrelated or closely related (e.g., a project to construct a new storage and conveyance system [Task A] coupled with a decision support tool for operation of the system [Task C]). However, if the projects are only loosely related, separate applications need to be submitted. Applications including multiple projects that are independently operated may not be considered for funding.

One phase of a larger project may be eligible for funding under this program, so long as the phase proposed for funding will generate benefits to address drought resiliency or water supply reliability, independent of completing additional phases. Certain restrictions apply to phased projects that include water reclamation, reuse, desalination, and water storage. Please see Section C.4.2.3. Water Reclamation, Reuse and Desalination and C.4.2.4. Small Surface Water and Groundwater Storage Projects for more information.

Other projects that are similar to those tasks listed below may be submitted for consideration and will be allowed to the extent that they are consistent with program authorization and goals.

Proposed projects will be reviewed by the Program Office to determine whether the project type is eligible for evaluation.

Projects may be prioritized to ensure balance among the program task areas (described below) and to ensure that the projects address the goals and objectives of the NOFO.

C.4.1.

Task A—Increasing the Reliability of Water Supplies through Infrastructure Improvements
Even small investments in infrastructure can improve resiliency to drought by increasing water management flexibility and providing alternative sources of water supply. For example, constructing new surface water intakes or new conveyance system components, such as pipes or pumping plants, can provide water managers with much needed options to deliver water from alternative sources or support voluntary water transfers during drought. Likewise, aquifer recharge facilities can support water banking in wet years for use in dry years and sustainable conjunctive use programs. (Please note that Task A projects do not include the construction or rehabilitation of wells. Please see Task B for well construction and rehabilitation.) Notice of Funding Opportunity Announcement No. R24AS00007

14 Task A projects include, but are not limited to the following:
• System modifications or improvements. Projects that will increase flexibility of water conveyance and deliveries, facilitating access to water supplies in times of drought.

Projects include, but are not limited to:
o Constructing or modifying surface water intakes to access supplies when water levels are low (e.g., at dead pool), or to allow access at different locations. o Constructing new conveyance system components (pipelines, canals, pumping plants, etc.) to increase flexibility to deliver water from different sources, to facilitate voluntary water marketing or to deliver water from alternative sources. o Constructing interties between water conveyance systems to increase options for water deliveries.
o Installing barriers or other facilities to prevent saltwater intrusion into surface supplies.
• Storing water and/or recharging groundwater supplies. Projects that enable the capture or storage of additional water supplies that can be made available during drought.

Projects include, but are not limited to:
o Developing or expanding small-scale surface water storage facilities such as off- stream storage ponds.
o Installing water towers and storage tanks to store water for municipal and domestic use.

o Installing recharge ponds or injection wells to increase recharge of surplus, inactive, or reclaimed water. Recharged water can serve multiple purposes such as sustainable conjunctive use in times of drought, deterring saltwater intrusion into freshwater aquifers, and limiting additional land subsidence.
• Developing alternative sources of water supply including water treatment. Projects that develop alternative water supplies to build resiliency to the impacts of drought.

Projects include, but are not limited to:
o Constructing or expanding small-scale water treatment facilities to treat impaired groundwater, municipal wastewater, stormwater runoff, for environmental, agricultural, or potable purposes.
o Constructing stormwater capture and reuse systems, including green stormwater infrastructure solutions such as rain gardens, cisterns, and bioswales. o Installing residential grey water and rain catchment systems.

Note for applicants applying for recharge basins: Multiple recharge basins in one application will be considered as one project (or a phase of a larger project, if applicable) and the total project costs cannot exceed $10 million (see Section C.4.2.4.) to be eligible under this NOFO.

Section C. Eligibility Information

15 C.4.2. Task B—Increasing the Reliability of Water Supplies Through Groundwater Recovery
As water managers continue to face vulnerabilities due to drought and climate change, diversification of water supplies is critical for water security. The sustainable use of groundwater and recovery of recharged water are vital to building drought resiliency and supporting public health. Aquifer storage and recovery programs are becoming an important water management tool and the water recovered from these programs are being used for municipal and industrial water supplies, irrigation, and ecosystem restoration.

Wells funded under Task B of this NOFO are to be used for supplemental supplies during times of drought, to serve communities that are or are potentially facing a public health crisis due to a lack potable water, or to recover previously recharged/stored water. This NOFO is not intended to provide funding for wells that are part of a long-term planning effort to support increased need due to population growth or increased irrigation demands. However, if you are a Tribe or disadvantaged community that doesn’t currently have reliable access to domestic water supplies and are looking to construct a domestic water supply system, please see Domestic Water Supply Projects: Task D below (Section C.4.1.3).

Projects under Task B may include, but are limited to following:
o Constructing wells to provide back-up water supplies during times of drought. o Constructing extraction wells at groundwater banks or other recharge areas to improve extraction and return capabilities during dry years.

Note for applicants applying for groundwater recovery well projects: Applications under Task B for groundwater recovery projects (including rehabilitation and the treatment of well water) will be limited to one well per application, and applicants will be limited to two well applications under this NOFO, even if the total requested federal cost-share is less than the funding limitations set forth in Section B.2.

C.4.3.

Task C—Projects to Improve Water Management through Decision Support Tools, Modeling, and Measurement
Task C Projects are intended to help provide entities with water use information and tools to monitor the onset of drought, detect different levels of drought that may trigger certain drought mitigation and response actions, and identify potential strategies to address drought. Task C Projects also include developing tools that facilitate water marketing between willing buyers and sellers to redistribute water supplies to meet other existing needs or uses (e.g., agricultural, municipal, or dedication to in-stream flows).

Notice of Funding Opportunity Announcement No. R24AS00007

16 Task C Projects include, but are not limited to the following:
• Developing water management, water marketing, and modeling tools to help communities evaluate options and implement strategies to address drought. o Developing online decision support tools to help communities identify alternative water supplies or water management options in times of drought.  For example, in 2019, Reclamation awarded the Texas Water Development Board with a Drought Resiliency Grant to modify their existing drought prediction tool to provide more accurate probabilistic forecast of average May through July rainfall, reservoir levels, and reservoir storage across the state by county. The project was completed in 2022, and the forecasts are updated bi-weekly and made accessible for water managers through the Water Data for Texas website:
www.waterdatafortexas.org/reservoirs/statewide.
o Developing new models or improving existing models for analyzing and predicting drought conditions. Such models should be based on proven methods to analyze drought frequency, duration, and intensity, as opposed to research type efforts. o Developing water budgets and tiered pricing programs that incentivize decreased consumptive use. Tiered pricing can be paired with water budgets to reward customers who use less water by charging lower rates for water in a lower tier. For example, Tier I pricing can include a relatively low price for indoor water use within a budgeted amount (e.g., 55 gallons per person per day). Reasonable water use above that amount—assumed to be for outdoor use—would be included within Tier 2 pricing at a higher cost than Tier 1. Tier 3 would establish an even higher price for all water use that exceeds the total water budget.
o Real-time operational modeling to track supply conditions and demands. Modeling can be used to analyze different operational scenarios to optimize pumping capacities, evaluate user restrictions, water delivery needs, etc., and determine how to best meet other compliance standards such as temperature control points, water quality, or Endangered Species Act (ESA)-related requirements.
o Assessing water quality with respect to the level of drought to determine appropriate measures to protect water quality for fish and wildlife, agriculture, and human consumption (e.g., water quality testing or constructing groundwater monitoring wells).
o Developing tools to facilitate water marketing, connecting willing sellers and willing buyers that want to participate in the buying, selling, leasing, or exchanging of water. • Installing water measurement equipment and monitoring instrumentation devices to accurately track water supply conditions (e.g., stream flow measurement structures, flow meters, well level instruments, reservoir level monitors).

Section C. Eligibility Information

17 Projects that primarily install meters or other water measurement devices are considered routine water management activities and are, therefore, not eligible for funding under this program as a standalone project. However, meters or other measuring devices are eligible as a necessary sub-component of another eligible Drought Resiliency Project as described in Tasks A-C.

Eligible measurement projects may include, but are not limited to:
o Installing and/or modifying monitoring equipment associated with stream flow measurement devices, water level sensors, etc.
o Installing dual municipal meters to track indoor versus outdoor water use, allowing water purveyors to control or discourage landscape irrigation and other outdoor uses in times of drought.

C.4.4.

Task D— Domestic Water Supply Projects for Tribes or Disadvantaged Communities
Task D projects are for the construction of domestic water supply projects of which the primary purpose is to provide domestic water supplies to Tribal or disadvantaged communities that do not have reliable access to water supplies. This can include the development of new supplies and/or associated infrastructure for treatment and delivery. Please note that total project costs under Task D cannot exceed $10,000,000.

C.4.5. Ineligible Projects
Projects not eligible for funding under this NOFO include scientific research, water hauling, education and outreach, land fallowing, cover cropping, and reimbursement for economic losses resulting from drought.

Other projects that are not eligible for funding under this NOFO are identified immediately below.

C.4.5.1. Operations, Maintenance, and Replacement
In accordance with Section 9504 of the Secure Water Act, projects that are considered normal Operations, Maintenance, and Replacement (OM&R) are not eligible for funding under this NOFO. OM&R is described as system improvements that replace or repair existing infrastructure or function without providing increased efficiency or effectiveness of water distribution over the expected life of the improvement. Examples of ineligible OM&R projects include:
• Replacing malfunctioning components of an existing facility with the same components • Improving an existing facility to operate as originally designed • Performing an activity on a recurring basis, even if that period is extended (e.g., 10-year interval)
Notice of Funding Opportunity Announcement No. R24AS00007

18 • Sealing expansion joints of concrete lining because the original sealer or the water stops have failed
• Sealing cracks in canals and/or pipes, including those sealant projects intended to improve facilities with inherent design and construction flaws • Replacing broken meters with new meters of the same type • Replacing leaky pipes with new pipes of the same type Applicants that have questions regarding OM&R are encouraged to contact the Program Coordinator (see Section G. Agency Contacts) prior to the application deadline for further information.

C.4.5.2. Water Conservation Projects
Projects primarily focused on water conservation are not eligible under this NOFO, including:
• Lining or piping canals to conserve water
• Installing landscape irrigation measures
• Turf replacement
• Water metering and measurement projects are ineligible as a standalone project but may be included if paired with another project that is eligible under Tasks A-C, as a necessary subcomponent of that task
Projects that will result in water conservation as a secondary consideration, such as decision support tools that improve operational efficiency, are eligible under this NOFO, so long as they are consistent with the eligible projects described in Tasks A-C in Section C.4.

C.4.5.3.

Water Reclamation, Reuse and Desalination
Any projects or project elements that are part of a congressionally authorized Title XVI Water Reclamation or Reuse Project are not eligible for funding under this NOFO.

Any projects or project elements that are part of a water desalination or recycling project eligible for funding under Section 4009(a) or 4009(c) of the WIIN Act, P.L. 114-322 are not eligible for funding under this NOFO.

In addition, if a water desalination, reclamation, or recycling project has a total estimated project cost of more than $20 million, that project is not eligible under this NOFO and should be pursued under the Title XVI Water Reclamation and Reuse Program or the WaterSMART Desalination Planning and Construction Program. Note, this applies to phases or project elements of a desalination, reclamation, or recycling project that are part of a larger project with a total estimated project cost of more than $20 million.

Section C. Eligibility Information

19 See the Title XVI-Water Reclamation and Reuse webpage, www.usbr.gov/watersmart/title, for more information.

C.4.5.4. Small Surface Water and Groundwater Storage Projects An application for funding of a small surface or groundwater storage project (including groundwater recharge) with a total estimated project cost of more than $10 million, or that is a phase of a larger project that exceeds $10 million, is not eligible under this NOFO. Applicants proposing such projects may wish to consider Reclamation’s Small Storage Program. See the Small Storage Program webpage, www.usbr.gov/smallstorage, for more information.

C.4.5.5. Domestic Water Supply Projects
An application proposing a domestic water supply project to serve Tribes or disadvantaged communities with a total estimated project cost of more than $10 million, or that is a phase of a larger project that exceeds $10 million, is not eligible under this NOFO. Reclamation is currently developing a comprehensive implementation plan for domestic water supply projects authorized under P.L. 117-169. Reclamation will post more information as it becomes available at www.usbr.gov/inflation-reduction-act. In addition, water supply projects of which the primary benefit is not to serve a Tribe or disadvantaged community is not eligible under this NOFO.

C.4.5.6. Water or Land Purchases
Proposals to use Federal funding to purchase water or land are not eligible under this NOFO.

Applicants seeking funding to purchase water in a drought emergency should request emergency drought assistance under Reclamation’s Drought Response Program. See the WaterSMART Drought Response Program webpage, www.usbr.gov/drought
, for more information.

C.4.5.7. Emergency Drought Response Projects
Emergency drought response projects that provide temporary benefits, including projects involving temporary facilities (e.g., temporary pipes and pumps). Applicants seeking funding drought emergency relief should request emergency drought assistance under Reclamation’s Drought Response Program. See the WaterSMART Drought Response Program webpage, www.usbr.gov/drought, for more information.

C.4.5.8. Drought Contingency Planning
Development or updates of drought contingency plans are not eligible under this NOFO but may be eligible for funding under Reclamation’s WaterSMART Planning and Design NOFO.

C.4.5.9. Building Construction
Proposals to construct a building are not eligible for Federal funding under this NOFO (e.g., a building to house administrative staff or a building to house promotion of public awareness for water conservation).

Notice of Funding Opportunity Announcement No. R24AS00007

20 C.4.5.10. Pilot Projects
Proposals to conduct a pilot study to evaluate technical capability, economic feasibility, or viability for full-scale implementation or to test an unproven material or technology are not eligible for Federal funding under this NOFO.

C.4.5.11. On-Farm Improvements
Projects to conduct on-farm improvements are not eligible under this NOFO. Applicants interested in on-farm improvements should contact the U.S. Department of Agriculture and Natural Resources Conservation Service (NRCS) to investigate opportunities for Federal assistance. For more information on NRCS programs, including application deadlines and a description of available funding, please contact your local NRCS office or see www.nrcs.usda.gov
for further contact information in your area.

Applicants interested in projects for water delivery systems improvements that will enable farmers to make additions on-farm improvements in the future should consider Reclamation's Water and Energy Efficiency Grants. See the WaterSMART Water and Energy Efficiency Grants webpage, www.usbr.gov/watersmart/weeg, for more information.

C.4.5.12. Projects Receiving Other Federal Financial Assistance Projects or activities that are funded under another Federal financial assistance agreement are not eligible for funding under this NOFO.

21 Section D. Application and Submission
Information
Address to Request Application Package
This document contains all information, forms, and electronic addresses required to submit an application. If you are unable to access this information electronically, you can request paper copies of any of the documents referenced in this NOFO by emailing the Financial Assistance contact listed in Section G of this NOFO.

Content and Form of Application Submission
All applications must conform to the requirements described in this section.

D.2.1. Application Format and Length
The technical proposal and criteria section (defined below) shall be limited to a maximum of 25 consecutively numbered pages. If this section of the application exceeds 25 pages, only the first 25 pages will be evaluated. The full application, including attachments, cannot exceed 125 pages. If the application exceeds 125 pages, only the first 125 pages will be considered in the evaluation.

The font shall be at least 12 points in size and easily readable. Page size shall be 8½ by 11 inches, including charts, maps, and drawings. Margins should be standard 1-inch margins.

Oversized pages will not be accepted.

Applications will be prescreened for compliance to the above page number limitation. Excess pages will be removed and not considered in the evaluation of the proposed project.

D.2.2. Application Content
The application should include the items identified as Mandatory Application Components in the Application Checklist located on page ii to be considered complete. To facilitate fair and timely reviews, it is highly recommended that application packages be structured in the order identified in the Application Checklist.

Applications will be screened for completeness and compliance with the provisions of this NOFO. A complete application must include all the items identified as Mandatory Application Components in the Application Checklist. Any application which fails to include these items will be deemed ineligible and will not be considered for funding.

Notice of Funding Opportunity Announcement No. R24AS00007

22 Following awards of funding, Reclamation may post successful applications on the Reclamation website, www.usbr.gov/watersmart after conducting any redactions determined necessary by Reclamation, in consultation with the successful applicant. See Section F.2.6. Freedom of Information Act (FOIA).

D.2.2.1. Mandatory Federal Forms
The application must include the following standard Federal forms. Questions regarding forms should be referred to the Financial Assistance Point of Contact under Section G.1 Reclamation Financial Assistance Contact.

Mandatory Federal Forms Note: Applications submitted by consultants must contain an SF-424 and SF-424B that is manually signed by an authorized representative of the entity applying. These forms are available at www.grants.gov/web/grants/forms/sf-424-family.html .

SF-424: Application for Federal Assistance
A fully completed SF-424: Application for Federal Assistance form signed by a person legally authorized to commit the applicant to performance of the project must be submitted with the application. Applications that fail to include a SF-424 by the submission deadline will be considered ineligible and will not pass initial screening.

If you request more than $100,000 in Federal funding, you must certify that all statements in 43 CFR Part 18, Appendix A-Certification Regarding Lobbying are true. The Authorized Official’s signature on the appropriate SF-424, Application for Federal Assistance form represents the entity’s certification of the statements in 43 CFR Part 18, Appendix A.

Failure to submit a signed SF-424 with a valid UEI number will result in the elimination of the application from further consideration.

SF-424A or SF-424C Budget Information Form
A fully completed SF-424A Budget Information – Non-construction Programs or SF-424C Budget Information – Construction Programs must be submitted with the application.

Failure to submit an SF-424A or SF-424C will result in the elimination of the application from further consideration.

SF-424B or SF-424D Assurances Form
A SF-424B – Assurances – Non-construction Programs or SF-424D Assurances – Construction Programs signed by a person legally authorized to commit the applicant to performance of the project must be submitted with the application.

Failure to submit a signed SF-424B or SF-424D will result in the elimination of the application from further consideration.

Section D. Application and Submission Information

23 D.2.2.2. Technical Proposal
Submission of a technical proposal (limited to 25 pages) is mandatory and must be received by the application deadline.

While an application will not be removed from consideration if the technical proposal does not address each of the following, it is highly recommended that applicants address each component listed below to ensure that your proposal is competitive.

Title Page
Provide a brief, informative, and descriptive title for the proposed work that indicates the nature of the project. Include the name and address of the applicant, and the name and address, email address, and telephone number of the Project Manager.

Table of Contents
List all major sections of the proposal in the table of contents.

Executive Summary
The executive summary should include:
• The applicant name, city, county, and state and a brief explanation of how you meet the applicant eligibility requirements (See Section C.1).
• The Task Area you are applying under (Task A, B, C, or D) and what funding group, if applicable. Funding groups are only applicable to Tasks A-C. • If applying under Task areas A-C, indicate whether you are a Category A applicant or Category B applicant. If you are a Category B applicant, please briefly explain how you are acting in partnership with a Category A partner. Note: If you are a Category B applicant, you should include a letter from the Category A partner confirming that they are partnering with you and agree to the submittal and content of the application (see Section C.1. Eligible Applicants). See Section D.2.2.8. Letter of Partnership for additional information.
• A one-paragraph project summary that provides the location of the project, a brief description of the work that will be carried out, any partners involved, and recent drought conditions in your project area. Describe how this project is expected to help alleviate impacts of those conditions or other concerns in the area. Identify any plans or other planning documents that support the project. This information will be used to create a summary of your project for our website if the project is selected for funding.

Example: The Town of Apple Valley, located in San Bernardino County in Southern California, will convert the source of irrigation water at five locations from potable water to reclaimed water by constructing a pipeline that will transport reclaimed water from the Apple Valley Water Reclamation Plant, and retrofitting the existing irrigation system at each site to utilize reclaimed water.

Irrigating with reclaimed water will reduce use of potable groundwater— Notice of Funding Opportunity Announcement No. R24AS00007

24 reducing the demand on the stressed Mojave River Groundwater Basin and adding 961 acre-feet of water per year during periods of drought. • State the length of time and estimated completion date for the proposed project including the construction start date (mm/yr).

Note: proposed projects should not have an estimated construction start date that is prior to October 31, 2024.

• State whether or not the proposed project is located on a Federal facility or will involve Federal lands, and what work will occur on the Federal facility or Federal lands. • Provide relevant background information about the applicant and service area such as services provided, population served, irrigated acres served, crops grown in the project area, etc.

• Include details regarding the applicant’s or applicant partner’s water supplies. This should include water delivered or diverted from all water sources including water supply contracts, water rights, applicant or partner owned wells, and any other long-term water supplies that are part of the water use portfolio (e.g., drainage from upstream users, reclaimed/recycled water, water transfer agreements, etc.). Include the total amount of water available in an unconstrained year (in acre-feet) and the 10-year average annual water supply (in acre-feet).

Project Location
Provide specific information on the proposed project location or project area, including a map showing the geographic location. For example, [project name] is located in [county and state] approximately [distance] miles [direction, e.g., northeast] of [nearest town]. The project latitude is {##°##’N} and longitude is {###°##’W}.

Project Description
Provide a more comprehensive description of the technical aspects of your project, including the goals and objectives of the project, work to be accomplished, and the approach to complete the work. This description should provide detailed information about the project including materials and equipment and the work to be conducted to complete the project. This section provides an opportunity for the applicant to provide a clear description of the technical nature of the project and to address any aspect of the project that reviewers may need additional information to understand.

Please do not include your project schedule and milestones here; that information is requested in response to the Readiness to Proceed and Project Implementation criterion in Section E.1.2.5. In addition, avoid discussion of the benefits of the project, which are also requested in response to evaluation criterion in Section E.1.1. Evaluation Criterion A—Project Benefits. This section is solely intended to provide an understanding of the technical aspects of the project.

Section D. Application and Submission Information

25 Please note that if the work for which you are requesting funding is a phase of a larger project, only describe the work that is reflected in the budget and exclude description of other activities or components of the overall project.

D.2.2.2.1. Performance Measures
All applicants are required to propose a brief summary describing the performance measure that will be used to quantify actual benefits upon completion of the project. Quantifying project benefits is an important means to determine the relative effectiveness of various water management efforts, as well as the overall effectiveness of the project.

Program funding may be used to establish a monitoring and data management plan or to install necessary equipment to monitor progress. However, program funding may not be used to measure performance after project construction is complete (these costs are considered normal operation and maintenance costs and are the responsibility of the applicant).

D.2.2.2.2. Evaluation Criteria
Section E.1. Evaluation Criteria provides a detailed description of each criterion and sub- criterion and the points associated with each. The evaluation criteria portion of your application should thoroughly address each criterion and sub-criterion in the order presented to assist in the complete and accurate evaluation of your proposal.

It is suggested that applicants copy and paste the evaluation criteria and sub-criteria in Section E.1. Evaluation Criteria into their applications to ensure that all necessary information is adequately addressed.

D.2.2.3.

Project Budget
The total project cost is the sum of all allowable items of costs, including all required cost sharing and voluntary committed cost sharing, including third-party contributions, that are necessary to complete the project. Please include the following chart (Table 1) to summarize all funding sources. Denote in-kind contributions with an asterisk (*).

Table 1. —Summary of Non-Federal and Federal Funding Sources

FUNDING SOURCES AMOUNT
Non-Federal Entities

1. $

2. $

3. $
Non-Federal Subtotal $
REQUESTED RECLAMATION FUNDING $
Notice of Funding Opportunity Announcement No. R24AS00007

26 Submission of a budget narrative is mandatory. The budget narrative provides detailed information on the items included in the budget Object Class Categories on the SF-424A (non- construction projects) or Cost Classification categories identified on the SF-424C (construction projects). The budget narrative must clearly identify all items of cost (total estimated project cost), including those that will be contributed as non-Federal cost share by the applicant (required and voluntary), third-party in-kind contributions, and those that will be covered using the funding requested from Reclamation, and any requested pre-award costs. The types of information to describe in the narrative may include, but are not limited to, those identified in the Budget Narrative Guidance attached to this NOFO (Attachment A). Applicants may elect to use the Budget Detail and Narrative spreadsheet (Attachment B to this NOFO) for their budget narrative. Costs, including the valuation of third-party in-kind contributions, must comply with the applicable cost principles contained in 2 CFR Part 200, available at the electronic CFR (www.ecfr.gov).

Please note: The Budget Detail Attachment Form in Grants.gov is to be used to upload the budget proposal.

Failure to submit a budget narrative will result in the elimination of the application from further consideration.

D.2.2.4. Environmental and Cultural Resources Compliance If the project includes monitoring, measurement, or other field work, environmental and cultural resources compliance may be required. Proposals that include on the ground activities should answer the questions from Section H.1. Environmental and Cultural Resource Considerations in this section.

D.2.2.5. Required Permits or Approvals
In the Evaluation Criteria (Section E.1.5. Evaluation Criterion E-Readiness to Proceed and Project Implementation) applicant should discuss whether any permits or approvals are necessary and explain the plan for obtaining such permits or approvals.

Note that improvements to Federal facilities that are implemented through any project awarded funding through this NOFO must comply with additional requirements. The Federal government will continue to hold title to the Federal facility and any improvement that is integral to the existing operations of that facility. Please see P.L. 111-11, Section 9504(a)(3)(B). Reclamation may also require additional reviews and approvals prior to award to ensure that any necessary easements, land use authorizations, or special permits can be approved consistent with the requirements of 43 CFR Section 429 and that the development will not impact or impair project operations or efficiency.

D.2.2.6.

Overlap or Duplication of Effort Statement
Applicants should provide a statement that addresses if there is any overlap between the proposed project and any other active or anticipated proposals or projects in terms of activities, costs, or commitment of key personnel. If any overlap exists, applicants must provide a description of the overlap in their application for review.

Section D. Application and Submission Information

27 Applicants should also state if the proposal submitted for consideration under this program does or does not in any way duplicate any proposal or project that has been or will be submitted for funding consideration to any other potential funding source—whether it be Federal or non- Federal. If such a circumstance exists, applicants must detail when the other duplicative proposal(s) were submitted, to whom (Agency name and Financial Assistance program), and when funding decisions are expected to be announced. If at any time a proposal is awarded funds that would be duplicative of the funding requested from Reclamation, applicants must notify the NOFO point of contact immediately.

D.2.2.7.

Conflict of Interest Disclosure Statement
Per 2 CFR §1402.112, “Financial Assistance Interior Regulation” applicants should state in the application if any actual or potential conflict of interest exists at the time of submission.

Submission of a conflict-of-interest disclosure or certification statement is mandatory prior to issue of an award.

Applicability
This section intends to ensure that non-Federal entities and their employees take appropriate steps to avoid conflicts of interest in their responsibilities under or with respect to Federal financial assistance agreements.

In the procurement of supplies, equipment, construction, and services by recipients and by sub recipients, the conflict-of-interest provisions in 2 CFR§200.318 apply.

Notification
Non-Federal entities, including applicants for financial assistance awards, must disclose in writing any conflict of interest to the DOI awarding agency or pass-through entity in accordance with 2 CFR §200.112.

Recipients must establish internal controls that include, at a minimum, procedures to identify, disclose, and mitigate or eliminate identified conflicts of interest. The successful applicant is responsible for notifying the Financial Assistance Officer in writing of any conflicts of interest that may arise during the life of the award, including those that have been reported by sub recipients.

Restrictions on Lobbying
Non-Federal entities are strictly prohibited from using funds under a grant or cooperative agreement for lobbying activities and must provide the required certifications and disclosures pursuant to 43 CFR §18 and 31 USC §1352.

Review Procedures
The Financial Assistance Officer will examine each conflict-of-interest disclosure on the basis of its particular facts and the nature of the proposed grant or cooperative agreement and will determine whether a significant potential conflict exists and, if it does, develop an appropriate means for resolving it.

Notice of Funding Opportunity Announcement No. R24AS00007

28 Enforcement.

Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Failure to make required disclosures may result in any of the remedies described in 2 CFR §200.339, Remedies for noncompliance, including suspension or debarment (see also 2 CFR §180).

D.2.2.8. Uniform Audit Reporting Statement
All U.S. states, local governments, federally recognized Indian Tribal governments, and non- profit organizations expending $750,000 USD or more in Federal award funds in the applicant’s fiscal year must submit a Single Audit report for that year through the Federal Audit

Clearinghouse’s Internet Data Entry System . U.S. state, local government, federally recognized Indian Tribal governments, and non-profit applicants must state if your organization was or was not required to submit a Single Audit report for the most recently closed fiscal year. If your organization was required to submit a Single Audit report for the most recently closed fiscal year, provide the Employer Identification Number (EIN) associated with that report and state if it is available through the
Federal Audit Clearinghouse website.

D.2.2.9. SF-LLL: Disclosure of Lobbying Activity (if Applicable) If applicable, a fully completed and signed SF-LLL: Disclosure of Lobbying Activities form is required if the applicant has made or agreed to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. This form cannot be submitted by a contractor or other entity on behalf of an applicant.

D.2.2.10. Letters of Support
You should include any letters from interested stakeholders supporting the proposed project. To ensure your proposal is accurately reviewed, please attach all letters of support as an appendix.

Letters of support received after the application deadline for this NOFO will not be considered in evaluating your proposed project.

D.2.2.11. Letter of Partnership (Category B Applicants) Category B applicants should submit a Letter of Partnership from the Category A partner, stating that they are acting in partnership with the applicant and agree to the submittal and content of the application (see Section C.1. Eligible Applicants). However, if the project is selected, a Letter of Partnership must be received prior to award.

Section D. Application and Submission Information

29 D.2.2.12. Official Resolution
If selected, the applicant must provide prior to award an official resolution adopted by your organization’s board of directors or governing body, or, for state government entities, an official authorized to commit the applicant to the financial and legal obligations associated with receipt of a financial assistance award under this NOFO, verifying:
• The identity of the official with legal authority to enter into an agreement • The board of directors, governing body, or appropriate official who has reviewed and supports the application submitted
• That your organization will work with Reclamation to meet established deadlines for entering into a grant or cooperative agreement
An official resolution meeting the requirements set forth above is mandatory before an award of funding will be made.

D.2.2.13. Letters of Funding Commitment
If a project is selected for award under this funding opportunity and cost share funding is anticipated to be provided by a source other than the applicant, the third-party cost share must be supported with letters of commitment prior to award. Letters of commitment should identify the following elements:
• The amount of funding commitment
• The date the funds will be available to the applicant • Any time constraints on the availability of funds
• Any other contingencies associated with the funding commitment

Cost-share funding from sources outside the applicant’s organization (e.g., loans or State grants) should be secured and available to the applicant prior to award. Reclamation will not execute a financial assistance agreement until non-Federal funding has been secured or Reclamation determines that there is enough evidence and likelihood that non-Federal funds will be available to the applicant after executing the agreement.

Unique Entity Identifier (UEI) and System for Award
Management (SAM)
Each applicant (unless the applicant is an individual or Federal awarding agency that is excepted from those requirements under 2 CFR 25.110 (b) or (c), or has an exception approved by the Federal awarding agency under 2 CFR 25.110 (d) is required to:
• Be registered in SAM before submitting an application. Instructions for registering are available at sam.gov/content/home

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30 • Provide a valid UEI in the application
• Maintain an active SAM registration with current information at all times during which it has an active Federal award or plan under consideration by a Federal award agency Meeting the requirements set forth above is mandatory.

D.3.1. Register with the System for Award Management
Each applicant must be registered in SAM before submitting its application. Register on the SAM.gov website. The “Help” tab on the website contains User Guides and other information to assist you with registration. The Grants.gov “Register with SAM” page also provides detailed instructions. You can also contact the supporting Federal Service Desk for help registering in SAM. Once registered in SAM.gov, entities must renew and revalidate their SAM.gov registration at least once every 12 months from the date previously registered. Entities are strongly encouraged to revalidate their registration as often as needed to ensure their information is up to date and reflects changes that may have been made to the entity’s Internal Revenue Service information.

See the “Submission Requirements” section of this document below for more information on SAM.gov registration.

There is no cost to register with SAM.gov. There are third-party vendors who will charge a fee in exchange for registering entities with SAM.gov; please be aware you can register and request help for free.

NOTE: An organization’s SAM.gov registration process may take six weeks or more to complete, so please allow sufficient time to ensure applications are submitted before the closing date.

Applicants that do not have an active SAM registration will not be able to submit an electronic application in Grants.gov.

D.3.2. Obtain a Unique Entity Identifier
You are required to register in SAM.gov and obtain a UEI prior to submitting a Federal award application. A UEI will be assigned to entities upon registering in SAM.gov.

Submission Date and Time
The submission deadline for applications submitted electronically in Grants.gov is:

October 31, 2023, at 10:00 p.m. MDT.

The submission deadline for applications submitted by mail, overnight delivery, or courier is October 31, 2023, at 4:00 p.m. MDT.

Section D. Application and Submission Information

31 Proposals received after the application deadline will not be considered unless it can be determined that the delay was caused by Reclamation or there were technical issues with the Grants.gov application system. Note that difficulties related to an applicant’s Grants.gov profile (e.g., incorrect organizational representative), uploading documents to Grants.gov, or an applicant’s SAM.gov registration are not considered technical issues with the Grants.gov system.

If for any reason applicants are unable to submit their application through Grants.gov, they may provide a paper copy of their full application by mail or courier.

D.4.1. Application Delivery Instructions

Applications may be submitted electronically through Grants.gov (www.grants.gov ) or a hard
copy may be submitted to either one of the following addresses. We strongly encourage you to use Grants.gov to submit your proposal if possible. Under no circumstances will applications received through any other method (such as e-mail or fax) be considered eligible for award.

By mail, express/overnight delivery, or courier services:

Bureau of Reclamation
Upper Colorado Regional Office
Attn: Karen Shubert
125 South State Street, Room 8100
Salt Lake City, Utah 84138-1147

If you are submitting a paper application, please notify Karen Shubert at [email protected] for approval no later than 2:00 p.m. Mountain Daylight Time on October 31, 2023.

D.4.2. Instructions for Submitting the Project Application Each applicant should submit an application in accordance with the instructions contained in this section.

D.4.2.1. Applications Submitted Electronically
Electronic applications must be submitted through Grants.gov. Applicant resource documents and a full set of instructions for registering with Grants.gov and completing and submitting applications online are available at: www.grants.gov/applicants/apply-for-grants.html.

Application submission requires prior registration through Grants.gov, which may take up to 21 days. See the registration instructions available at
https://www.grants.gov/web/grants/applicants/registration.html. In addition, please note that the Grants.gov system only accepts applications submitted by individuals that are registered and active in SAM as both a user and an Authorized Organizational Representative.

Notice of Funding Opportunity Announcement No. R24AS00007

32 Applicants have experienced significant delays when attempting to submit applications through Grants.gov. Applicants are encouraged to submit applications several days prior to the application deadline. If you are a properly registered Grants.gov applicant and encounter problems with the Grants.gov application submission process, you must contact the Grants.gov Help Desk to obtain a case number. This case number will provide evidence of your attempt to submit an application prior to the submission deadline. If you are unable to submit your application through Grants.gov, you may provide a paper copy of the full application by mail or courier, as described in Section D.4.2.2 below.

Late applications will not be considered unless it is determined that the delay was caused by Reclamation mishandling or technical issues with the Grants.gov application system. Please note that difficulties related to an applicant’s Grants.gov profile (e.g., incorrect organizational representative), uploading documents to Grants.gov, or an applicant’s SAM registration are not considered technical issues with the Grants.gov system. To document a delay due to a technical issue in Grants.gov, you must furnish a Grants.gov help desk ticket number to the Financial Assistant contact listed in Section G of the NOFO.

D.4.2.2. Applications Submitted by Mail, Express Delivery or Courier Services Please follow these instructions to submit your application by mail, express delivery, or courier services.
• We request that applicants submitting their application by mail or courier include a brief explanation in their application regarding why they had to submit by mail rather than electronically using grants.gov.
• Applicants should submit one copy of all application documents for hardcopy submissions. Only use a binder clip for documents submitted. Do not staple or otherwise bind application documents.
• Hard copy applications may be submitted by mail, express delivery, or courier services to the addresses identified in this NOFO.
• Materials arriving separately will not be included in the application package and may result in the application being rejected or not funded. This does not apply to letters of support, funding commitment letters, or official resolutions.

D.4.2.3. Acknowledgement of Application Receipt
Applicants will receive an e-mail acknowledging receipt of the application from Grants.gov. In addition, you will receive an email acknowledgement when your application is successfully downloaded from Grants.gov. Applicants can confirm receipt of hardcopy through the tracking tools for their packages.

Section D. Application and Submission Information

33 Intergovernmental Review
Prior to application submission, U.S. state and local government applicants should visit the OMB Office of Federal Financial Management website and view the “State Point of Contact (SPOC) List” to determine whether their application is subject to the state intergovernmental review process under Executive Order (E.O.) 12372 “Intergovernmental Review of Federal Programs.” States not on the list do not participate in the intergovernmental review process, and therefore do not have a SPOC. If you are located within a State that does not have a SPOC, you may send application materials directly to a Federal awarding agency. If your state is on the list, contact the designated entity for more information on the state’s prior review requirements for Federal assistance applications (https://www.whitehouse.gov/wp- content/uploads/2020/04/SPOC-4-13-20.pdf).

Funding Restrictions
D.6.1. Pre-Award Costs
Pre-award costs are those incurred prior to the effective date of a Federal award where such costs are necessary for efficient and timely performance of the scope of work. Such costs are allowable only to the extent that they would have been allowable if incurred after the date of the Federal award.

Eligible pre-award costs associated with the proposed project must be incurred after the posting date of this funding opportunity and are limited to costs related to the planning and design of the project including, but not limited to engineering and design, modeling, environmental and cultural studies, and permitting. If the proposed project is selected, the pre-award costs will be reviewed to determine if they are consistent with program objectives and are allowable in accordance with the authorizing legislation. Proposed pre-award costs must also be compliant with all applicable administrative and cost principles criteria established in 2 CFR Part 200 and all other requirements of this funding opportunity.

Note: Any incurrence of costs in the performance of the project prior to the issuance of a financial assistance award is at the applicant’s own risk.  No legal liability on the part of Reclamation for any payment may arise until funds are made available, in writing, by a Reclamation Grants Officer.

D.6.2.

Project Cost Restrictions
Proposal costs. The costs for preparing and submitting an application in response to this funding opportunity, including developing data necessary to support the proposal, are not eligible project costs and must not be included in the project budget.

Monitoring costs. Program funding may be used to establish a monitoring and data management plan or to install necessary equipment to monitor progress. However, program funding may not be used to measure performance after project construction is complete (these costs are considered normal operation and maintenance costs and are the responsibility of the applicant).

Notice of Funding Opportunity Announcement No. R24AS00007

34 Other project costs. The costs for the purchase of water or land, or to secure an easement other than a construction easement are not eligible project costs under this funding opportunity.

D.6.3. Environmental and Regulatory Compliance Costs
Depending on the potential impacts of the project, Reclamation may be able to complete its compliance activities without additional cost to the successful applicant. Where environmental or cultural resources compliance requires significant participation by Reclamation, Reclamation will add a line item for costs incurred by Reclamation to the budget during development of the financial assistance agreement and cost shared accordingly (i.e., withheld from the Federal award amount). Any costs to the successful applicant associated with compliance will be identified during the process of developing a final project budget for inclusion in the financial assistance agreement.

D.6.4.

Indirect Costs
You may include indirect costs that will be incurred during the development or construction of a Project, which will not otherwise be recovered, as part of your Project budget. Show the proposed rate, cost base, and proposed amount for allowable indirect costs based on the applicable cost principles for your organization. It is not acceptable to simply incorporate indirect rates within other direct cost line items.

If you have never received a Federal negotiated indirect cost rate, your budget may include a de minimis rate of up to 10 percent of modified total direct costs. For further information on modified total direct costs, refer to 2 CFR§200.68.

If you do not have a federally approved indirect cost rate agreement and are proposing a rate greater than the de minimis 10 percent rate, include the computational basis for the indirect expense pool and corresponding allocation base for each rate. Information on “Preparing and Submitting Indirect Cost Proposals” is available from the Department’s Interior Business Center, Office of Indirect Cost Services, at https://ibc.doi.gov/ICS/icrna.

If the proposed project is selected for award, the successful applicant will be required to submit an indirect cost rate proposal with their cognizant agency within 3 months of award. The Federal awarding agency that provides the largest amount of direct funding to your organization is your cognizant agency for indirect costs, unless otherwise assigned by the White House Office of Management and Budget (OMB). If the Department of the Interior (DOI) is your organization’s cognizant agency, the Interior Business Center (IBC) will negotiate your indirect cost rate.

Contact the IBC by phone 916-930-3803 or email at [email protected] . Visit their website
ibc.doi.gov/ICS/icrna, for information regarding email submission forms.

Organizations must have an active Federal award before they can submit an indirect cost rate proposal to their cognizant agency. Failure to establish an approved rate during the award period renders all costs otherwise allocable as indirect costs unallowable under the award. Recipients may not shift unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation.

35 Section E. Application Review Information
Evaluation Criteria
The evaluation criteria portion should be addressed in the technical proposal section of the application. Applications should thoroughly address each criterion and any sub-criterion in the order presented below. Applications will be evaluated against the evaluation criteria listed below. It is suggested that applicants copy and paste the below criteria and sub-criteria into their applications to ensure that all necessary information is adequately addressed.

If the work described in your application is a phase of a larger project, only discuss the benefits that will result directly from the work discussed in the technical project description and that is reflected in the budget, not the larger project.

Evaluation Criteria Scoring Summary Points:

A. Project Benefits 30
B. Planning and Preparedness 20
C. Severity of Actual or Potential Drought Impacts to be Addressed by the Project 15 D. Presidential and DOI Priorities 15
E. Readiness to Proceed and Project Implementation 10
F. Nexus to Reclamation 5
G. Stakeholder Support for Proposed Project 5
Total 100
Note: Projects may be prioritized to ensure balance among the program task areas and to ensure that the projects address the goals and objectives of the NOFO.

E.1.1. Evaluation Criterion A—Project Benefits (30 points) Up to 30 points may be awarded based on the expected drought resiliency and other benefits of the proposed project. Proposals containing a well-supported and detailed description of both quantifiable and qualitative benefits will receive the most points under this criterion.

E.1.1.1. Sub-criterion A1: Available Water Supplies and Water Better Managed The purpose of this criterion is to ensure that funding is prioritized for projects that will provide significant benefits to drought resiliency and water supply reliability and will be evaluated accordingly. For this criterion, your project will be evaluated under either Sub-Criterion A1.a:

Adds to Available Water Supplies or Sub-Criterion A1.b: Water Better Managed.

Notice of Funding Opportunity Announcement No. R24AS00007

36 Generally, projects that increase access to water supplies that are not currently available to an entity is considered under Sub-Criterion A1.a: Adds to Available Water Supplies. Projects may include, but are not limited to, recharge basins, conveyance to bring new supplies into a service area including groundwater extraction, recycled water use, stormwater capture, treatment of unusable water supplies due to contamination, etc.

Projects that are considered under Sub-Criterion A1.b: Water Better Managed generally include projects that improve the delivery efficiency of water already available to an entity.

Project types under Sub-Criterion A1.b: Water Better Managed may include, but are not limited to, regulating reservoirs, new conveyance to deliver available surface water (e.g., contracted water supplies not associated with flood flows) to those not able to receive surface water, upgrading infrastructure for more efficient deliveries (e.g., connecting pipelines and canals within a service area), water treatment of supplies already being utilized to ensure continued use, etc.

You need to determine if your project best falls under Sub-Criterion A1.a: Adds to Available Water Supply or Sub-Criterion A1.b: Water Better Managed and only respond to the relevant sub-criterion. If your proposed project has elements of both sub-criterion (e.g., groundwater extraction well and a modeling tool to inform groundwater extraction operations, you may elect to answer both sub-criterions.

In some cases, the ARC may determine that the project is a better fit under a different Sub- Criterion than initially determined by the applicant. In such cases, the ARC may choose to score the application under the Sub-Criterion they deem most appropriate.

Should you have any questions regarding your project and which sub-criterion is the most appropriate, please contact the Program Coordinator identified in Section G Agency Contacts.

NOTE: All Task C projects as described in Section C.4.1.3. will be evaluated under sub- criterion A1.b: Water Better Managed, and all Task D projects as described in Section C.4.1.4. will be evaluated under Sub-Criterion A1.a: Additional Water Supplies.

Sub-Criterion A1.a: Adds to Available Water Supplies
Drought Resiliency Projects Tasks A-C: Please address the following:
• How will the project build long-term resilience to drought? How many years will the project continue to provide benefits?
• What percentage of the total water supply does the additional water supply represent? How was this estimate calculated?
• What is the estimated quantity of additional supply the project will provide and how was this estimate calculated? Provide this quantity in acre-feet per year as the average annual benefit over ten years (e.g., if the project captures flood flows in wet years, state this and provide the average benefit over ten years or longer including dry years).

Section E. Application Review Information

37 • Provide a qualitative description of the degree/significance of the benefits associated with the additional water supplies.

Domestic Water Supply Projects Task D: Please address the following:
• Provide a detailed description of the community that the project will serve. The Climate and Economic Justice Screening Tool (CEJST) developed by the White House Council on Environmental Quality is a geospatial mapping tool that utilizes publicly available, nationally consistent data sets related to climate change, the environment, health, and economic opportunity to identify disadvantaged communities. In addition to identifying specific census tracts that are disadvantaged, the CEJST considers the lands of Federally Recognized Tribes as disadvantaged communities. In addition, regardless of whether a Federally Recognized Tribe has land, all Federally Recognized Tribal entities are considered disadvantaged communities for the purposes of the Justice40 Initiative1.

Using the CEJST’s methodology and data information, describe the community’s environmental, climate, socioeconomic, or other burdens. The CEJST’s methodology and data information can be accessed at screeningtool.geoplatform.gov/en/ methodology#16.49/36.631671/-105.181974.
• Proposals need to demonstrate that the primary purpose of the proposed project is to provide domestic water supplies to communities our households that do not have reliable access to domestic water supplies.
o Describe the need for the domestic water supply project including any prominent public health and safety concerns, interruptions in supply or other reasons that the community does not currently have reliable access to domestic water supplies. o Explain how the proposed project will increase reliable access to domestic water supplies. Provide this quantity in acre-feet per year the average annual benefit that the domestic water supply project will provide. How many people is it estimated to serve? How were these estimates calculated (average benefit and population)? • How many years will the project continue to provide benefits?

1 Addendum to the Interim Implementation Guidance for the Justice40 Initiative, M-21-28, on using the Climate and Economic Justice Screening Tool (CEJST), M-23-09, (Jan. 27, 2023), https://www.whitehouse.gov/wp- content/uploads/2023/01/M-23-09_Signed_CEQ_CPO.pdf.

Notice of Funding Opportunity Announcement No. R24AS00007

38 Sub-Criterion A1.b: Water Better Managed
• How will the project build long-term resilience to drought? How many years will the project continue to provide benefits?

• How will the project improve the management of water supplies? For example, will the project increase efficiency, increase operational flexibility, or facilitate water marketing (e.g., improve the ability to deliver water during drought or access other sources of supply)? If so, how will the project increase efficiency or operational flexibility? • What is the estimated quantity of water that will be better managed as a result of this project? How was this estimate calculated? Provide this quantity in acre-feet per year as the average annual benefit over ten years (e.g., if the project captures flood flows in wet years, state this and provide the average benefit over ten years or longer including dry years).
• What percentage of the total water supply does the water better managed represent? How was this estimate calculated?
• Provide a qualitative description of the degree/significance of anticipated water management benefits.
• Will the project make new information available to water managers? If so, what is that information and how will it improve water management?
Regardless of Sub-Criterion, if the proposed project includes any of the following components, applicants need to provide the additional information requested below for the specific project type. This additional information will be used in evaluating and scoring the proposal.

Salt Water Barriers
• What supply of water is the barrier protecting and to what degree is the comprehensive protection?
• What is the protected water supply mainly used for?

Wells
Proposals that do not sufficiently address the questions listed below will not be considered for funding.

• What is the estimated capacity of the new well(s), and how was the estimate calculated?

• How much water do you plan to extract through the well(s), and how does this fit within and comply state or local laws, ordinances, or other groundwater governance structures applicable to the area?
Section E. Application Review Information

39 • Will the well be used as a primary supply or supplemental supply when there is a lack of surface supplies?
• Does the applicant participate in an active recharge program contributing to contributing to groundwater sustainability?
• Provide information documenting that proposed well(s) will not adversely impact the aquifer it/they are pumping from (overdraft or land subsidence). At a minimum, this should include aquifer description, information on existing or planned aquifer recharge facilities, a map of the well location and other nearby surface water supplies, and physical descriptions of the proposed well(s) (depth, diameter, casing description, etc.). If available, information should be provided on nearby wells (sizes, capacities, yields, etc.), aquifer test results, and if the area is currently experiencing aquifer overdraft or land subsidence.
• Describe the groundwater monitoring plan that will be undertaken and the associated monitoring triggers for mitigation actions. Describe how the mitigation actions will respond to or help avoid any significant adverse impacts to third parties that occur due to groundwater pumping.

Wells funded under this NOFO are to support communities and other entities facing water supply shortages due to drought or have public health and safety concerns. Wells funded under this NOFO are to be used for supplemental supplies during times of drought, to serve communities that are or are potentially facing a public health crisis due to a lack potable water, or to recover previously recharged/stored water.

This NOFO is not intended to provide funding for wells that are part of a long-term planning effort to support increased need due to population growth or increased irrigation demands.

New Water Marketing Tool or Program

• How does the new tool or program increase the flexibility of acquiring water on the open market?

• What is the scope of water users and uses that will benefit? • Are there any legal issues pertaining to water marketing that could hinder project implementation (e.g., restrictions under Reclamation or state law or contracts, or individual project authorities).

Metering/Water Measurement Projects
• To what extent are the methods tested/proven?
Notice of Funding Opportunity Announcement No. R24AS00007

40 • To what degree will the project improve the ability to predict the onset of drought earlier and/or with more certainty?
• To what degree will the project improve the ability to anticipate the severity and magnitude of drought?
• To what degree will the project improve the likelihood/timing of detecting mitigation action triggers?
• Explain why this is a necessary sub-component of another eligible Drought Resiliency Project as described in Tasks A, B, and C.

E.1.1.2.

Sub-criterion A2: Environmental & Other Benefits
Sub-Criterion A2.a: Climate Change
Pursuant to E.O. 14008: Tackling the Climate Crisis at Home and Abroad, consider the degree to which the application demonstrates that the proposed project will contribute to climate change resilience and adaptation.

For additional information on the impacts of climate change throughout the Western United States, see www.usbr.gov/climate/secure/docs/2021secure/2021SECUREReport.pdf . To describe
how the project will address and build resilience to climate change, consider the following, but only answer if applicable to your project:
• In addition to drought resiliency measures, does the proposed project include other natural hazard risk reductions for hazards such as wildfires or floods? • Will the proposed project establish and use a renewable energy source? • Will the proposed project reduce greenhouse gas emissions by sequestering carbon in soils, grasses, trees, and other vegetation?
• Does the proposed project include green or sustainable infrastructure to improve community climate resilience?
• Does the proposed project seek to reduce or mitigate climate pollutions such as air or water pollution?
• Does the proposed project have a conservation or management component that will promote healthy lands and soils or serve to protect water supplies and its associated uses? • Does the proposed project contribute to climate change resiliency in other ways not described above?
Section E. Application Review Information

41 Sub-Criterion A2.b: Environmental Benefits
Water supply reliability projects often provide environmental benefits in addition to water supply reliability benefits for other users. Ecological resiliency is crucial to sustain ecosystems that can respond to and recover from external stressors resulting from climate change and drought.

This sub-criterion will be scored based on planned, direct benefits that will result from project implementation. Applicants that can quantify the direct benefits and provide reasonable support will receive the most points in this sub-criterion. Example project types that may receive points in this category may include, but are not limited to, increasing storage to augment stream flows during dry periods to protect endangered species or improving water quality or providing water for wildlife habitat areas.
• Does the project seek to improve ecological climate change resiliency of a wetland, river, or stream to benefit to wildlife, fisheries, or habitats? Do these benefits support an endangered or threatened species?
• What are the types and quantities of environmental benefits provided, such as the types of species and the numbers benefited, acreage of habitat improved, restored, or protected, or the amount of additional stream flow added? How were these benefits calculated? Will the proposed project reduce the likelihood of a species listing or otherwise improve the species status?
Sub-Criterion A2.c: Other Benefits
This sub-criterion will be scored based on the project’s contributions to addressing water sustainability in other ways not previously described in the application. For example (but not limited to):
• Will the project assist States and water users in complying with interstate compacts? • Will the project benefit multiple sectors and/or users (e.g., agriculture, municipal and industrial, environmental, recreation, or others)? Describe the associated sector benefits. • Will the project benefit a larger initiative to address sustainability? • Will the project help to prevent a water-related crisis or conflict? Is there frequently tension or litigation over water in the basin?
E.1.2. Evaluation Criterion B—Planning and Preparedness (20 points)

Up to 20 points may be awarded based on the extent that the proposed project is supported by an existing planning effort. Such plans do not require Reclamation approval and may include plans prepared by someone other than the applicant (e.g., an existing state, county, municipal, or other plan is acceptable).

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42 The purpose of this criterion is to ensure that funding is prioritized for projects that have a foundation in collaborative planning efforts. Proposals that demonstrate that the proposed project is clearly supported by an existing plan will be awarded the most points under this criterion.

While the proposed project may be supported by multiple planning efforts, please provide specific details related to only one relevant plan.

Please note that this criterion does not address the benefits of the project and the description should be limited to the extent to which a plan supports the project. Project benefits are addressed under Section E.1.1. Evaluation Criterion A—Project Benefits.

Drought Resiliency Projects Tasks A-C: For purposes of evaluating this criterion, please address the following:
• Explain how the applicable plan addresses drought. Proposals that reference plans clearly intended to address drought will receive the most points under this criterion. o Does the drought plan contain drought focused elements (e.g., a system for monitoring drought, drought projections that consider climate change, identification of drought mitigation projects, drought response actions, and an operational and administrative framework)?
o Describe how the drought plan includes consideration of climate change impacts to water resources or drought.
• When was the plan developed and how often is it updated?

• Was the drought plan developed through a collaborative process?

o Describe who was involved in preparing the plan and whether the plan was prepared with input from stakeholders with diverse interests (e.g., water, land, or forest management interests; and agricultural, municipal, Tribal, environmental, and recreation uses)? Describe the process used for interested stakeholders to provide input during the development of the plan.

o If the plan was prepared by an entity other than the applicant describe whether and how the applicant was involved in the development of the plan. If the applicant was not involved in the development, explain why.
• Describe how your proposed drought resiliency project is supported by an existing drought plan.
o Does the drought plan identify the proposed project as a potential mitigation or response action? How is the proposed project prioritized in the drought plan? o Does the proposed project implement a goal or need identified in the drought plan? Is the supported goal or need prioritized within the plan? Section E. Application Review Information

43 • Attach relevant sections of the plan that are referenced in the application, as an appendix to your application. These pages will be included in the total 125-page count for the application.

Domestic Water Supply Projects Task D: For purposes of evaluating this criterion, please address the following:
• Describe any prior planning efforts related to the proposed project. • Was the plan developed through a collaborative process? o Describe who was involved in preparing the plan and whether the plan was prepared with input from stakeholders with diverse interests (e.g., water, land, or forest management interests; and agricultural, municipal, Tribal, environmental, and recreation uses)? Describe the process used for interested stakeholders to provide input during the development of the plan.
o If the plan was prepared by an entity other than the applicant describe whether and how the applicant was involved in the development of the plan. If the applicant was not involved in the development, explain why.
• If the referenced plan was not developed collaboratively, please explain why. For example, the planning effort is focused on a very small area or concerns internal to the applicant.
• Does the plan include elements of drought planning? If so, please describe.

E.1.3. Evaluation Criterion C—Severity of Actual or Potential Drought or Water Scarcity Impacts to be addressed by the Project (15 points)

Up to 15 points may be awarded based upon the severity of actual or potential drought or water scarcity impacts to be addressed by the project. Proposals that address more urgent needs will receive higher priority consideration on this criterion than proposals that address less significant needs and impacts. Do not repeat information already discussed in Criterion A or B.

Describe the severity of the impacts that will be addressed by the project:
• Describe recent, existing, or potential drought or water scarcity conditions in the project area.
o Is the project in an area that is currently suffering from drought, or which has recently suffered from drought or water scarcity? Please describe existing conditions, including when and the period of time that the area has experienced drought or water scarcity conditions. Include information to describe the frequency, duration, and severity of current or recent conditions. You may also provide information relating to Notice of Funding Opportunity Announcement No. R24AS00007

44 historical conditions. Please provide supporting documentation (e.g., Drought Monitor, droughtmonitor.unl.edu).
o Describe any projected increases to the severity or duration of drought or water scarcity in the project area resulting from changes to water supply availability and climate change. Provide support for your response (e.g., reference a recent climate informed analysis, if available).
• What are the ongoing or potential drought or water scarcity impacts to specific sectors in the project area if no action is taken (e.g., impacts to agriculture, environment, hydropower, recreation, tourism, forestry, etc.), and how severe are those impacts? Impacts should be quantified and documented to the extent possible. For example, impacts could include, but are not limited to:
o Whether there are public health concerns or social concerns associated with current or potential conditions (e.g., water quality concerns including past or potential violations of drinking water standards, increased risk of wildfire, or past or potential shortages of drinking water supplies? Does the community have another water source available to them if their water service is interrupted?).
o Whether there are ongoing or potential environmental impacts (e.g., impacts to endangered, threatened or candidate species or habitat). o Whether there are local or economic losses associated with current water conditions that are ongoing, occurred in the past, or could occur in the future (e.g., business, agriculture, reduced real estate values).
o Whether there are other water-related impacts not identified above (e.g., tensions over water that could result in a water-related crisis or conflict).

E.1.4. Evaluation Criterion D—Presidential and DOI Priorities (15 points) Up to 15 points may be awarded based on the extent that the project demonstrates support for the Biden-Harris Administration’s priorities, including E.O. 14008: Tackling the Climate Crisis at Home and Abroad, E.O. 13985: Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, and the President’s memorandum, Tribal Consultation and Strengthening Nation-to Nation Relationships. Points will be allocated based on the degree to which the project supports the priorities listed and whether the connection to the priority(ies) is well supported in the application. Describe, in detail, how the proposed project supports a priority(ies) below. Note: Domestic Water Supply Projects (Task D) must address the criteria below to explain how the project will benefits Tribes and/or disadvantaged communities.

E.1.4.1. Disadvantaged or Underserved Communities
Points will be awarded based on the extent to which the project directly serves disadvantaged or underserved communities.

Section E. Application Review Information

45 E.O. 14008 and E.O. 13985 affirm the advancement of environmental justice and equity for all through the development and funding of programs to invest in disadvantaged or underserved communities. For the purposes of this criterion, Tribes and insular areas (American Samoa, Guam, the Northern Mariana Islands, or the Virgin Islands) are considered disadvantaged.

• Please use the White House Council on Environmental Quality’s interactive Climate and Economic Justice Screening Tool, available online at Explore the map – Climate & Economic Justice Screening Tool (https://screeningtool.geoplatform.gov) to identify the disadvantaged communities that will benefit from your project.

• If applicable, describe how the proposed project will serve or benefit a disadvantaged or underserved community, identified using the tool described above. For example, will the project improve public health and safety by addressing water quality, add new water supplies, provide economic growth opportunities, or provide other benefits in a disadvantages or underserved community?
E.1.4.2.

Tribal Benefits
Points will be awarded based on the extent to which the Project will honor the Federal government’s commitments to Tribal Nations.

• Does the proposed project directly serve and/or benefit a Tribe? Benefits can include, but are not limited to, public health and safety by addressing water quality, new water supplies, economic growth opportunities, or improving water management. • Does the proposed project support Reclamation’s Tribal trust responsibilities or a Reclamation activity with a Tribe?
E.1.5. Evaluation Criterion E—Readiness to Proceed and Project Implementation (10 points)
Up to 10 points may be awarded based upon the extent to which the proposed project is capable of proceeding upon entering into a financial assistance agreement. Please note, if your project is selected, responses provided in this section will be used to develop the scope of work that will be included in the financial assistance agreement. Please note that information provided in the budget section and Section H.1 Environmental and Cultural Resource Considerations will be utilized when assessing this criterion. However, there is no need to repeat the budget information or H.1. information in this section of the proposal.

Applications that include a detailed project implementation plan (e.g., estimated project schedule that shows the stages and duration of the proposed work, including major tasks, milestones, and dates) will receive the most points under this criterion. Please also see Section B.2. regarding eligible lengths of projects for this NOFO.
• Describe the implementation plan of the proposed project. Please include an estimated project schedule that shows the stages and duration of the proposed work, including Notice of Funding Opportunity Announcement No. R24AS00007

46 major tasks, milestones, and dates. Milestones may include, but are not limited to, the following: design, environmental and cultural resources compliance, permitting, construction/installation.

Milestone/Schedule Example:

Milestone / Task / Activity Planned Start
Date
Planned
Completion Date
Task 1 Project Management October 2023 October 2026
Task 2 Environmental Compliance October 2023 March 2024 Task 3 Bidding March 2024 May 2024
Task 4 Construction June 2024 October 2026

• Describe any permits or approvals that will be required (e.g., water rights, water quality, stormwater, or other regulatory clearances). Include information on permits or approvals already obtained. For those permits and approvals that need to be obtained, describe the process, including estimated timelines for obtaining such permits and approvals. • Identify and describe any engineering or design work performed specifically in support of the proposed project.
• Describe any land purchases that must occur before the project can be implemented. • Describe any new policies or administrative actions required to implement the project.

E.1.5. Evaluation Criterion F—Nexus to Reclamation (5 points) Up to 5 points may be awarded if the proposed project is connected to a Reclamation project or Reclamation activity. Previously awarded grants do not constitute as a nexus under this criterion.

Describe the nexus between the proposed project and a Reclamation project or Reclamation activity. Please consider the following:
• Does the applicant have a water service, repayment, or O&M contract with Reclamation? • If the applicant is not a Reclamation contractor, does the applicant receive Reclamation water through a Reclamation contractor or by any other contractual means? • Will the proposed work benefit a Reclamation project area or activity? • Is the applicant a Tribe?
Section E. Application Review Information

47 E.1.6. Evaluation Criterion G—Stakeholder Support for Proposed Project (5 Points)
Up to 5 points may be provided based on the level of stakeholder support for the proposed project. Applications that demonstrate support for the project from a diverse array of stakeholders will receive the most points under this criterion. • Describe the level of stakeholder support for the proposed project. Are letters of support from stakeholders provided? Are any stakeholders providing support for the project through cost-share contributions or through other types of contributions to the project? • Explain whether the project is supported by a diverse set of stakeholders, as appropriate, given the types of interested stakeholders within the project area and the scale, type, and complexity of the proposed project. For example, is the project supported by entities representing agricultural, municipal, Tribal, environmental, or recreation uses? Review and Selection Process
Reclamation reserves the right to remove applications that do not meet the objectives of this NOFO. Awards will be made for projects most advantageous to the Federal Government. Award selection may be made to maintain balance among the eligible projects listed in this NOFO. The evaluation process will be comprised of the steps described in the following subsections.

E.2.1. First Level and Threshold Screening
Reclamation will conduct an initial review and threshold screening of each application submitted in response to this NOFO to determine whether the Applicant is eligible, and the application is complete and submitted on time. If Reclamation determines the Applicant is ineligible or non- responsive, Reclamation will notify the Applicant.

All application packages will be screened to ensure that:

• The application meets the completeness, eligibility and timeliness requirements stated in this NOFO.
• The applicant meets the unique entity identifier and SAM registration requirements stated in this NOFO.
• The application meets the content requirements of the NOFO package, including submission of a technical proposal and budget narrative. • The application contains executed mandatory forms SF-424, Application for Financial Assistance and SF-424B/D, Assurances Form, and a completed SF-424A/C, Budget Information Form.

A complete application must include all requirements described in the above bullets. Any application which fails to include these requirements will be deemed ineligible and will not be Notice of Funding Opportunity Announcement No. R24AS00007

48 considered for funding. Reclamation reserves the right to remove an application from funding consideration during the initial screening; does not include a SF-424; does not include a technical proposal or does not include a budget narrative. In that event, Reclamation will send notification of elimination to the applicant.

If an application is missing other information, Reclamation may reach back to request that information within a specified timeframe.

E.2.2. Application Review Committee (ARC)
The technical merit of the application will be reviewed by an ARC, made up of experts in relevant disciplines selected from across Reclamation. Evaluation criteria will comprise the total evaluation weight as stated in the Section E.1. Evaluation Criteria.

Applications will be scored against the evaluation criteria and the ARC will also review the application to ensure that the project is eligible and meets the objective of this NOFO.

During ARC review, Reclamation may contact applicants to request clarifications to the information provided, if necessary.

E.2.3.

Red-Flag Review
Following the results of the ARC review, Reclamation offices will review the top-ranking applications and will identify any reasons why a proposed project would not be feasible or otherwise advisable, including environmental or cultural resources compliance issues, permitting issues, legal issues, or financial position. Additionally, the Red-Flag Review will address several of the determinations listed in Section A.2. Program Requirements.

Positive or negative past performance by the applicant and any partners in previous working relationships with Reclamation may be considered, including whether the applicant is making significant progress toward the completion of outstanding financial assistance agreements and whether the applicant is in compliance with all reporting requirements associated with previously funded projects.

In addition, during this review, Reclamation will address any specific concerns or questions raised by members of the ARC, conduct a preliminary budget review, and evaluate the applicant’s ability to meet cost share as required.

E.2.4.

Managerial Review
Reclamation management will prioritize projects to ensure the total amount of all awards does not exceed available funding levels. Management will also ensure that all projects meet the scope, priorities, requirements, and objectives of this NOFO. Management may also prioritize projects to ensure that multiple project types are represented. After completion of the Managerial Review, Reclamation will notify applicants whose proposals have been selected for award consideration.

Section E. Application Review Information

49 E.2.5. Pre-Award Clearances and Approvals
The following pre-award clearances and approvals must be obtained before an award of funding is made. If the results of all pre-award reviews and clearances are satisfactory, an award of funding will be made once the agreement is finalized (approximately one to three months from the date of initial selection). If the results of pre-award reviews and clearances are unsatisfactory, consideration of funding for the project may be withdrawn.

E.2.5.1. Environmental Review
Reclamation will forward the proposal to the appropriate Reclamation regional or area office for completion of environmental compliance. To the extent possible, environmental compliance will be completed before a financial assistance agreement is signed by the parties; however, in most cases, the award can be completed with the release of funds contingent on completion of environmental compliance and receipt of a written Notice to Proceed from the Reclamation Grants Officer. The financial assistance agreement will describe how compliance will be carried out. Ground-disturbing activities (e.g., installation of a stream gage, biological or water quality monitoring) may not occur until environmental compliance is complete and a Notice to Proceed is issued by the awarding Reclamation Grants Officer.

E.2.5.2.

Budget Analysis and Business Evaluation Review
A Reclamation Grants Officer will also conduct a detailed budget analysis and complete a business evaluation and responsibility determination. During this evaluation, the Reclamation Grants Officer will consider several factors that are important, but not quantified, such as:
• Allowability, allocability, and reasonableness of proposed costs; • Financial strength and stability of the applicant;
• Past performance, including satisfactory compliance with all terms and conditions of previous awards, such as environmental compliance issues, reporting requirements, proper procurement of supplies and services, and audit compliance; • Adequacy of personnel practices, procurement procedures, and accounting policies and procedure, as established by applicable OMB circular.

Federal Award Performance Integrity Information System
Prior to making an award with a Federal total estimated amount greater than $150,000, Reclamation is required to review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (currently Federal Award Performance Integrity Information System [FAPIIS]) (see 41 U.S.C. §2313).

Applicants, at their option, may review information in the designated integrity and performance systems accessible through SAM and comment on any information about themselves that a Notice of Funding Opportunity Announcement No. R24AS00007

50 Federal awarding agency previously entered and that is currently in the designated integrity and performance system accessible through SAM. Reclamation will consider any comments by the applicant, in addition to the other information in FAPIIS, in making a judgment about the applicant's integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants as described in 2 CFR §200.205 Federal awarding agency review of risk posed by applicants.

Anticipated Announcement and Federal Award Dates
Reclamation expects to contact potential award recipients and unsuccessful applicants in Spring 2024, subject to the timing and amount of final appropriations. Financial assistance agreements will be awarded to applicants that successfully pass all pre-award reviews and clearances. Award recipients will be contacted individually to discuss the time frame for the completion of their agreement.

51 Section F. Federal Award Administration
Information
Federal Award Notices
Successful applicants will receive by electronic mail, a notice of selection signed by a Reclamation Grants Officer. This notice is not an authorization to begin performance.

Administrative and National Policy Requirements
See the “DOI Standard Terms and Conditions” for the administrative and national policy requirements applicable to Department awards.

F.2.1. Automated Standard Application for Payments Registration All applicants must also be registered with, and willing to process all payments through, the Department of Treasury Automated Standard Application for Payments (ASAP) system. All recipients with active financial assistance agreements with Reclamation must be enrolled in the ASAP system under the appropriate Agency Location Code(s) and the UEI prior to the award of funds. If a recipient has multiple UEIs, they must separately enroll within the system for each unique UEI and/or Agency. All of the information on the enrollment process for recipients, including the enrollment initiation form, will be sent to you by ASAP system staff if selected for award.

Note that if your entity is currently enrolled in the ASAP system with an agency other than Reclamation, you must enroll specifically with Reclamation in order to process payments.

F.2.2.

Environmental and Cultural Resources Compliance
All projects being considered for award funding will require compliance with National Environmental Policy Act (NEPA) before any ground-disturbing activity may begin. Compliance with all applicable state, Federal and local environmental, cultural, and paleontological resource protection laws and regulations is also required. These may include, but are not limited to, Clean Water Act (CWA), ESA, National Historic Preservation Act (NHPA), consultation with potentially affected Tribes, and consultation with the State Historic Preservation Office.

Reclamation will be the lead Federal agency for NEPA compliance and will be responsible for evaluating technical information and ensuring that natural resources, cultural, and socioeconomic concerns are appropriately addressed. As the lead agency, Reclamation is solely responsible for

Notice of Funding Opportunity Announcement No. R24AS00007

52 determining the appropriate level of NEPA compliance. Further, Reclamation is responsible to ensure that findings under NEPA, and consultations, as appropriate, will support Reclamation’s decision on whether to fund a project.

Depending on the potential impacts of the project, Reclamation may be able to complete its compliance activities without additional cost to the recipient. Where environmental or cultural resources compliance requires significant participation by Reclamation, some costs anticipated to be incurred by Reclamation will be added as a line item to the budget during development of the financial assistance agreement and cost shared accordingly. Any costs to the recipient associated with compliance will be identified during the process of developing a final project budget for inclusion in the financial assistance agreement. A portion of Reclamation’s estimated cost to complete environmental and cultural compliance activities may be withheld from the initial obligation of Federal funding. After compliance activities are completed, any remaining Federal funding will be obligated to the Agreement.

Note, if mitigation is required to lessen environmental impacts, the applicant may, at Reclamation’s discretion, be required to report on progress and completion of these commitments. Reclamation will coordinate with the applicant to establish reporting requirements and intervals accordingly.

Under no circumstances may an applicant begin any ground-disturbing activities (e.g., grading, clearing, and other preliminary activities) on a project before environmental and cultural resources compliance is complete and a Reclamation Grants Officer provides written notification that all such clearances have been obtained. This pertains to all components of the proposed project, including those that are part of the applicant’s non- Federal cost-share. An applicant that proceeds before environmental and cultural resources compliance is complete may risk forfeiting Reclamation funding under this NOFO.

F.2.3.

Approvals and Permits
Recipients shall adhere to Federal, State, Territorial, Tribal, and local laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits. Recipients shall also coordinate and obtain approvals from site owners and operators.

F.2.4. Geospatial Data and Data Tools
All geospatial data collected for or produced through the use of the Department of the Interior financial assistance funds are required to meet all relevant standards established by the Federal Geospatial Data Committee (FGDC) as authorized by Geospatial Data Act of 2018, P.L. 115-254, Subtitle F – Geospatial Data, §751-759C, codified at 43 U.S.C. §2801–2811. The Department requires fully compliant metadata on all Geographic Information Systems (GIS) files developed for financial assistance projects. If a funded financial assistance project involves acquiring or collecting geospatial data, the successful applicant is required to search GeoPlatform.gov to determine that no existing Federal, State, local or private data meet the Government’s needs and are available at no cost before acquiring or collecting additional geospatial data.

Section F. Federal Award Administration Information

53 Any spatially explicit data or tools developed in the performance of an award made under this NOFO must be developed in industry standard formats that are compatible with geographic information system platforms.

F.2.5.

Intangible Property (2 CFR §200.315)
Title to intangible property (see definition for Intangible property in § 200.1) acquired under a Federal award vest upon acquisition in the non-Federal entity. The non-Federal entity must use that property for the originally authorized purpose and must not encumber the property without approval of the Federal awarding agency. When no longer needed for the originally authorized purpose, disposition of the intangible property must occur in accordance with the provisions in §200.313(e) Equipment (of this CFR).

The non-Federal entity may copyright any work that is subject to copyright and was developed, or for which ownership was acquired, under a Federal award. The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for Federal purposes, and to authorize others to do so.

The non-Federal entity is subject to applicable regulations governing patents and inventions, including government wide regulations issued by the Department of Commerce at 37 CFR §401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Awards, Contracts and Cooperative Agreements.” F.2.6.

Real Property (2 CFR §200.311)
Real property, equipment, and intangible property, that are acquired or improved with a Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of the project or program under which the property was acquired or improved (2 CFR §200.316 Property trust relationship). Title to real property acquired or improved under a Federal award will vest upon acquisition in the non-Federal entity. Except as otherwise provided by Federal statutes or by Reclamation, real property will be used for the originally authorized purpose as long as needed for that purpose, during which time the non-Federal entity must not dispose of or encumber its title or other interests. When real property is no longer needed for the originally authorized purpose, the non-Federal entity must obtain disposition instructions from Reclamation. As required by 2 CFR §200.329 Reporting on real property, recipients will be required to submit reports on the status of real property acquired or improved under a financial assistance agreement issued under this NOFO.

F.2.7. Requirements for Agricultural Operations under P.L. 111-11, Section 9504(a)(3)(B)
In accordance with Section 9504(a)(3)(B) of P.L.111-11, grants and cooperative agreements under this authority will not be awarded for an improvement to conserve irrigation water unless the applicant agrees to both of the following conditions:
• Not to use any associated water savings to increase the total irrigated acreage of the applicant and
Notice of Funding Opportunity Announcement No. R24AS00007

54 • Not to otherwise increase the consumptive use of water in the operation of the applicant, as determined pursuant to the law of the state in which the operation of the applicant is located.

F.2.8. Title to Improvements P.L.111-11, Section 9504(a)(3)(D) If the activities funded through an agreement awarded under this NOFO result in a modification to a portion of a federally owned facility that is integral to the existing operations of that facility, the Federal government shall continue to hold title to the facility and the improvements thereto.

Title to improvements, P.L.111-11, Section 9504(a)(3)(D) that are not integral to existing water delivery operations shall reside with the project sponsor.

F.2.9. Operation and Maintenance Costs under P.L.111-11, Section 9504(a)(3)(E)(iv)
The non-Federal share of the costs for operation and maintenance of any infrastructure improvement funded through an agreement awarded under this NOFO shall be 100 percent.

F.2.10. Liability under P.L.111-11, Section 9504(a)(3)(F) Except as provided under r 28 U.S.C. Chapter 171 (commonly known as the Federal Tort Claims Act), the United States shall not be liable for monetary damages of any kind for any injury arising out of an act, omission, or occurrence that arises in relation to any facility created or improved through an agreement awarded under this NOFO, the title of which is not held by the United States.

F.2.11. Buy America Domestic Preference
As required by Section 70914 of the Bipartisan Infrastructure Law (also known as the Infrastructure Investment and Jobs Act), P.L. 117-58, on or after May 14, 2022, none of the funds under a federal award that are part of Federal financial assistance program for infrastructure may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States, unless subject to an approved waiver. The requirements of this section must be included in all subawards, including all contracts and purchase orders for work or products under this program.

Recipients of an award of Federal financial assistance are hereby notified that none of the funds provided under this award may be used for a project for infrastructure 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 the application of coatings, occurred in the United States;

2. All manufactured products used in the project are produced in the United States—this means that 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 for determining the Section F. Federal Award Administration Information

55 minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; 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 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.

For further information on the Buy America preference, please visit www.doi.gov/ grants/BuyAmerica. Additional information can also be found at the White House Made in America Office website: www.whitehouse.gov/omb/management/made-in-america/.

F.2.11.1. Waivers
When necessary, recipients may apply for, and the Department of the Interior (DOI) may grant, a waiver from these requirements, subject to review by the Made in America Office. The DOI may waive the application of the domestic content procurement preference in any case in which it is determined that one of the below circumstances applies:

1. Non-availability Waiver: 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;

2. Unreasonable Cost Waiver: 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; or

3. Public Interest Waiver: applying the domestic content procurement preference would be inconsistent with the public interest.

There may be instances where an award qualifies, in whole or in part, for an existing DOI general applicability waiver as described at:
www.doi.gov/grants/BuyAmerica/GeneralApplicabilityWaivers . If the specific financial
assistance agreement, infrastructure project, or non-domestic materials meets the criteria of an existing general applicability waiver within the limitations defined within the waiver, the recipient is not required to request a separate waiver for non-domestic materials.

If a general applicability waiver does not already apply, and a recipient believes that one of the above circumstances applies to an award, a request to waive the application of the domestic content procurement preference may be submitted to the financial assistance awarding officer in writing. Waiver requests shall include the below information. The waiver shall not include any Privacy Act information, sensitive data, or proprietary information within their waiver request.

Notice of Funding Opportunity Announcement No. R24AS00007

56 Waiver requests will be posted to www.doi.gov/grants/buyamerica and are subject to public comment periods of no less than 15 days. Waiver requests will also be reviewed by the Made in America Office.

1. Type of waiver requested (non-availability, unreasonable cost, or public interest).

2. Requesting entity and Unique Entity Identifier (UEI) submitting the request.

3. Department of Interior Bureau or Office who issued the award.

4. Federal financial assistance listing name and number (reference block 2 on DOI Notice of Award)

5. Financial assistance title of project (reference block 8 on DOI Notice of Award).

6. Federal Award Identification Number (FAIN).

7. Federal funding amount (reference block 11.m. on DO Notice of Award).

8. Total cost of Infrastructure expenditures (includes federal and non-federal funds to the extent known).

9. Infrastructure project description(s) and location(s) (to the extent known).

10. List of iron or steel item(s), manufactured goods, and construction material(s) the recipient seeks to waive from Buy America requirements. Include the name, cost, countries of origin (if known), and relevant Product Service Code (PSC) or North American Industry Classification System (NAICS) code for each.

11. A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.

12. A statement of waiver justification, including a description of efforts made (e.g., market research, industry outreach) by the recipient, in an attempt to avoid the need for a waiver.

Such a justification may cite, if applicable, the absence of any Buy America-compliant bids received in response to a solicitation.

13. Anticipated impact if no waiver is issued.

Approved waivers will be posted at www.doi.gov/grants/BuyAmerica/ApprovedWaivers; recipients requesting a waiver will be notified of their waiver request determination by an awarding officer.

Questions pertaining to waivers should be directed to the financial assistance awarding officer.

Section F. Federal Award Administration Information

57 F.2.11.2. Definitions
“Construction materials” include an article, material, or supply that is or consists primarily of non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, or drywall.
“Construction materials” do not include cement or cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. “Domestic content procurement preference” means all iron and steel used in the project are produced in the United States, the manufactured products used in the project are produced in the United States, or the construction materials used in the project are produced in the United States.

“Infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States, roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger 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. Infrastructure includes facilities that generate, transport, and distribute energy. “Project” means the construction, alteration, maintenance, or repair of infrastructure in the United States.

F.2.12.

Additional Bipartisan Infrastructure Law and Inflation Reduction Act Requirements: Wage Rate and Signage Requirements
Section 41101 of the Bipartisan Infrastructure Law requires that 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 the Bipartisan Infrastructure Law (P.L. 117-58) shall be paid wages at rates no less than those prevailing on similar projects in the locality as determined by the Secretary of Labor in accordance with 40 U.S.C. IV., Chapter 31 (also known as the Davis-Bacon Act).

Any award made in whole or in part by BIL or IRA funding will contain a term and condition that requires Investing in America signage at project sites. Information and guidelines regarding Investing in America signage can be found at
https://www.whitehouse.gov/wp-
content/uploads/2023/02/Investing-in-America-Brand-Guide.pdf.

Reporting Requirements and Distribution
If the applicant is awarded an agreement as a result of this NOFO, the applicant will be required to submit the following reports during the term of the agreement. Recipients will also be required to have a system in place to comply with these reporting requirements (see 2 CFR §170.210 for additional information).

Notice of Funding Opportunity Announcement No. R24AS00007

58 F.3.1. Financial Reports
Recipients will be required to submit a fully completed form SF-425: Federal Financial Report on at least twice a year and with the final performance report. The SF-425 must be signed by a person legally authorized to obligate the successful applicant.

F.3.2. Interim Performance Reports
The specific terms and conditions pertaining to the reporting requirements will be included in the financial assistance agreement. Interim performance reports will be submitted at least twice a year and will include:
• A comparison of actual accomplishments to the milestones established by the financial assistance agreement for the period
• The reasons why established milestones were not met, if applicable • The status of milestones from the previous reporting period that were not met, if applicable
• Whether the project is on schedule and within the original cost estimate • Any additional pertinent information or issues related to the status of the project F.3.3.

Final Performance Report
Recipients will be required to submit a final performance report encompassing the entire period of performance no later than 120 calendar days after the period of performance end date. The final performance report must include, but is not limited to, the following information:
• Whether the project objectives and goals were met.
• Discussion of the benefits achieved by the project, including information and/or calculations supporting the benefits.
• How the project improves long-term ecological value.
• How the project demonstrates collaboration.
• Any work products developed as a result of funding provided under this agreement.

These products may include, but are not limited to, any data or tools developed in the performance of the Project.
• Photographs documenting the project are also appreciated, but not required.

Section F. Federal Award Administration Information

59 Disclosures
F.4.1. Conflict of Interest
Recipients must notify the program immediately in writing of any conflict of interest that arise during the life of their Federal award, including those reported to them by any subrecipient under the award. Recipients must notify the program in writing if any employees, including subrecipient and contractor personnel, are related to, married to, or have a close personal relationship with any Federal employee in the Federal funding program or who otherwise may have been involved in the review and selection of the award. The term employee means any individual engaged in the performance of work pursuant to the Federal award.

F.4.2. Other Mandatory Disclosures
The Non-Federal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-through entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non- Federal entities that receive a Federal award including the terms and conditions outlined in 2 CFR 200, Appendix XII—Award Term and Condition for Recipient Integrity and Performance Matters are required to report certain civil, criminal, or administrative proceedings to SAM.gov.

Failure to make required disclosures can result in any of the remedies described in 2 CFR §200.338 Remedies for noncompliance, including suspension or debarment.

Data Availability (2 CFR §1402.315)
All data, methodology, factual inputs, models, analyses, technical information, reports, conclusions, valuation products or other scientific assessments in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual, resulting from a financial assistance agreement is available for use by the Department of the Interior, including being available in a manner that is sufficient for independent verification.

The Federal Government has the right to:

1. Obtain, reproduce, publish, or otherwise use the data, methodology, factual inputs, models, analyses, technical information, reports, conclusions, or other scientific assessments, produced under a Federal award; and

2. Authorize others to receive, reproduce, publish, or otherwise use such data, methodology, factual inputs, models, analyses, technical information, reports, conclusions, or other scientific assessments, for Federal purposes, including to allow for meaningful third-party evaluation.

Notice of Funding Opportunity Announcement No. R24AS00007

60 Freedom of Information Act
Please note that any application submitted for funding under this NOFO may be subjected to a FOIA request (5 U.S.C. §552, as amended by P.L. No. 110-175), and as a result, may be made publicly available.

In response to a FOIA request for research data relating to published research findings produced under a Federal award that were used by the Federal government in developing an agency action that has the force and effect of law, the Federal awarding agency must request, and the non- Federal entity must provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. If the Federal awarding agency obtains the research data solely in response to a FOIA request, the Federal awarding agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect costs incurred by the Federal agency and the non-Federal entity. This fee is in addition to any fees the Federal awarding agency may assess under the FOIA (5 U.S.C. 552(a)(4)(A)).

Published research findings mean when:
• Research findings are published in a peer-reviewed scientific or technical journal; or • A Federal agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law. “Used by the Federal government in developing an agency action that has the force and effect of law” is defined as when an agency publicly and officially cites the research findings in support of an agency action that has the force and effect of law.

Research data means the recorded factual material commonly accepted in the scientific community as necessary to validate research findings, but not any of the following: preliminary analyses, drafts of scientific papers, plans for future research, peer reviews, or communications with colleagues. This “recorded” material excludes physical objects (e.g., laboratory samples).

Research data also does not include:
• Trade secrets, commercial information, materials necessary to be held confidential by a researcher until they are published, or similar information which is protected under law; and
• Personnel and medical information and similar information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy, such as information that could be used to identify a particular person in a research study.

61 Section G. Federal Awarding Agency Contacts
An informational webinar will be held in August 2023. The webinar will provide general information about the Drought Resiliency Projects NOFO, and individuals will have the opportunity to ask questions.

An additional webinar will be held for successful applicants in spring 2024 following their notice of selection to review next steps and pre-Financial Assistance Agreement procedures.

Reclamation Financial Assistance Contact
Questions regarding application and submission information and award administration may be submitted to:

Name: Karen Shubert
Email: [email protected]
Phone: 801-524-3663

Note that staff availability on the day of the NOFO closing will be limited. Please include the NOFO number R24AS00007 in the subject.

Reclamation Program Coordinator Contact
Questions regarding applicant and project eligibility and application review may be submitted to:

Name: Sheri Looper
By email: [email protected]
By Phone: 303-445-2232

63 Section H. Other Information
The following is a brief overview of NEPA, NHPA, and ESA. While these statutes are not the only environmental laws that may apply, they are the Federal laws that most frequently do apply.

Compliance with all applicable environmental laws will be initiated by Reclamation concurrently, immediately following the initial recommendation to award a financial assistance agreement under this NOFO. The descriptions below are intended to provide you with information about the environmental compliance issues that may apply to your projects.

Environmental and Cultural Resource Considerations
To allow Reclamation to assess the probable environmental and cultural resources impacts and costs associated with each application, all applicants should respond to the following list of questions focusing on NEPA, ESA, and NHPA requirements. Please answer the following questions to the best of your knowledge and note that this information will be used in evaluating the project’s readiness to proceed and project implementation. If any question is not applicable to the project, please explain why. The application should include the answers to the following questions:
• Will the proposed project impact the surrounding environment (e.g., soil [dust], air, water [quality and quantity], animal habitat)? Please briefly describe all earth-disturbing work and any work that will affect the air, water, or animal habitat in the project area. Please also explain the impacts of such work on the surrounding environment and any steps that could be taken to minimize the impacts.
• Are you aware of any species listed or proposed to be listed as a Federal threatened or endangered species, or designated critical habitat in the project area? If so, would they be affected by any activities associated with the proposed project? • Are there wetlands or other surface waters inside the project boundaries that potentially fall under CWA jurisdiction as “Waters of the United States?” If so, please describe and estimate any impacts the proposed project may have.
• When was the water delivery system constructed?
• Will the proposed project result in any modification of or effects to, individual features of an irrigation system (e.g., headgates, canals, or flumes)? If so, state when those features were constructed and describe the nature and timing of any extensive alterations or modifications to those features completed previously.
• Are any buildings, structures, or features in the irrigation district listed or eligible for listing on the National Register of Historic Places? A cultural resources specialist at your local Reclamation office or the State Historic Preservation Office can assist in answering this question.

Notice of Funding Opportunity Announcement No. R24AS00007

64 • Are there any known archeological sites in the proposed project area? • Will the proposed project have a disproportionately high and adverse effect on low income or minority populations?
• Will the proposed project limit access to and ceremonial use of Indian sacred sites or result in other impacts on Tribal lands?
• Will the proposed project contribute to the introduction, continued existence, or spread of noxious weeds or non-native invasive species known to occur in the area? H.1.1. National Environmental Policy Act
NEPA requires Federal agencies such as Reclamation to evaluate, during the decision-making process, the potential environmental effects of a proposed action and any reasonable mitigation measures. Before Reclamation can make a decision to fund an award under this NOFO, Reclamation must comply with NEPA. Compliance with NEPA can be accomplished in several ways.

Depending upon the degree and significance of environmental impacts associated with the proposal:
• Some projects may fit within a recognized Categorical Exclusion (CE) to NEPA (i.e., one of the established categories of activities that generally do not have significant impacts on the environment). If a project fits within a CE, no further NEPA compliance measures are necessary. Use of a CE can involve simple identification of an applicable Department CE or documentation of a Reclamation CE using a Categorical Exclusion Checklist (CEC). If a CE is being considered, Reclamation will determine the applicability of the CE and whether extraordinary circumstances (i.e., reasons that the CE cannot be applied) exist. That process can take anywhere from 1 day to about 30 days, depending upon the specific situation.
• If the project does not fit within a CE, compliance with NEPA might require preparation of an Environmental Assessment/Finding of No Significant Impact (EA/FONSI).

Generally, where no CE applies but there are not believed to be any significant impacts associated with the proposed action, an EA will be required. The EA is used to determine whether any potentially significant effects exist (which would trigger the further step of an Environmental Impact Statement (EIS), below). If no potentially significant effects are identified, the EA process ends with the preparation of a FONSI. The EA/FONSI process is more detailed than the CE/CEC process and can take weeks or even months to complete. Consultation with other agencies and public notification are part of the EA process.

Section H. Other Information

65 • The most detailed form of NEPA compliance, where a proposed project has potentially significant environmental effects, is completion of an EIS and Record of Decision. An EIS requires months or years to complete, and the process includes considerable public involvement, including mandatory public reviews of draft documents. It is not anticipated that projects proposed under this program will require completion of an EIS.

During the NEPA process, potential impacts of a project are evaluated in context and in terms of intensity (e.g., will the proposed action affect the only native prairie in the county? Will the proposed action reduce water supplied to a wetland by 1 percent? or 95 percent?). The best source of information concerning the potentially significant issues in a project area is the local Reclamation staff that has experience in evaluating effects in context and by intensity.

Reclamation has the sole discretion to determine what level of environmental NEPA compliance is required. If another Federal agency is involved, Reclamation will coordinate to determine the appropriate level of compliance. You are encouraged to contact your regional or area Reclamation office. See www.usbr.gov/main/offices.html
with questions regarding NEPA
compliance issues. You may also contact the Program Coordinator for further information (see Section G. Agency Contacts).

H.1.2. National Historic Preservation Act
To comply with Section 106 of the NHPA, Reclamation must consider whether a proposed project has the potential to cause effects to historic properties, before it can complete an award under this NOFO. Historic properties are cultural resources (historic or prehistoric districts, sites, buildings, structures, or objects) that qualify for inclusion in the National Register of Historic Places. In some cases, water delivery infrastructure that is over 50 years old can be considered a historic property that is subject to review.

If a proposal is selected for initial award, the successful applicant will work with Reclamation to complete the Section 106 process. Compliance can be accomplished in several ways, depending on how complex the issues are, including:
• If Reclamation determines that the proposed project does not have the potential to cause effects to historic properties, then Reclamation will document its findings and the Section 106 process will be concluded. This can take anywhere from a couple of days to one month.
• If Reclamation determines that the proposed project could have effects on historic properties, a multi-step process, involving consultation with the State Historic Preservation Officer and other entities, will follow. Depending on the nature of the project and impacts to cultural resources, consultation can be complex and time consuming. The process includes:

Notice of Funding Opportunity Announcement No. R24AS00007

66 o A determination as to whether additional information is necessary. o Evaluation of the significance of identified cultural resources. o Assessment of the effect of the project on historic properties o A determination as to whether the project would have an adverse effect and evaluation of alternatives or modifications to avoid, minimize, or mitigate the effects. o A Memorandum of Agreement is then used to record and implement any necessary measures. At a minimum, completion of the multi-step Section 106 process takes about two months.
• Among the types of historic properties that might be affected by projects proposed under this NOFO are historic irrigation systems and archaeological sites. An irrigation system or a component of an irrigation system (e.g., a canal or headgate) is more likely to qualify as historic if it is more than 50 years old, if it is the oldest (or an early) system/component in the surrounding area, and if the system/component has not been significantly altered or modernized. In general, proposed projects that involve ground disturbance, or the alteration of existing older structures, are more likely to have the potential to affect cultural resources. However, the level of cultural resources compliance required, and the associated cost, depends on a case-by-case review of the circumstances presented by each proposal.

You should contact your State Historic Preservation Office and your local Reclamation office’s cultural resources specialist to determine what, if any, cultural resources surveys have been conducted in the project area. See www.usbr.gov/cultural/crmstaff.html for a list of Reclamation
cultural resource specialists. If an applicant has previously received Federal financial assistance, it is possible that a cultural resources survey has already been completed.

H.1.3. Endangered Species Act
Pursuant to Section 7 of the ESA, each Federal agency is required to consult with the U.S. Fish and Wildlife Service (USFWS) or the National Oceanic and Atmospheric Administration (NOAA) Fisheries Service to ensure any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or destroy or adversely modify any designated critical habitat.

Before Reclamation can approve funding for the implementation of a proposed project, it is required to comply with Section 7 of the ESA. The steps necessary for ESA compliance vary, depending on the presence of endangered or threatened species and the effects of the proposed project. A rough overview of the possible course of ESA compliance is:
• If Reclamation can determine that there are no endangered or threatened species or designated critical habitat in the project area, then the ESA review is complete and no further compliance measures are required. This process can take anywhere from one day to one month.

Section H. Other Information

67 • If Reclamation determines that endangered or threatened species may be affected by the project, then a Biological Assessment must be prepared by Reclamation. The Biological Assessment is used to help determine whether a proposed action may affect a listed species or its designated critical habitat. The Biological Assessment may result in a determination that a proposed action is not likely to adversely affect any endangered or threatened species. If the USFWS/NOAA Fisheries Service concurs in writing, then no further consultation is required, and the ESA compliance is complete. Depending on the scope and complexity of the proposed action, preparation of a Biological Assessment can range from days to weeks or even months. The USFWS/NOAA Fisheries Service generally respond to requests for concurrence within 30 days. • If it is determined that the project is likely to adversely affect listed species, further consultation (formal consultation) with USFWS or NOAA Fisheries Service is required to comply with the ESA. The process includes the creation of a Biological Opinion by the USFWS/NOAA Fisheries Service, including a determination of whether the project would jeopardize listed species and, if so, whether any reasonable and prudent alternatives to the proposed project are necessary to avoid jeopardy. Nondiscretionary reasonable and prudent measures and terms and conditions to minimize the impact of incidental take may also be included. Under the timeframes established in the ESA regulations, the Biological Opinion is issued within 135 days from the date that formal consultation was initiated, unless an extension of time is agreed upon.

The time, cost, and extent of the work necessary to comply with the ESA depends upon whether endangered or threatened species are present in the project area and, if so, whether the project might have effects on those species significant enough to require formal consultation.

ESA compliance is often conducted parallel to the NEPA compliance process and, as in the case of a CEC, documented simultaneously. The best source of information for ESA compliance in a particular project area is the local Reclamation environmental staff. They can help determine the presence of listed species and possible effects that would require consultation with the USFWS or NOAA Fisheries Service. In addition, you can contact your regional or area Reclamation office at www.usbr.gov/main/offices.html
with questions regarding ESA
compliance issues.

Item Number: 7
City Council / Board of Directors
Written Communications
Meeting of: October 17, 2023
Submitted By:

Fredy Bonilla, City Engineer

Subject:

Bear Valley Road Overhead at BNSF Railroad Project - Amendment No. 1 to the Consultant / Professional Services Provider Agreement with Parsons Transportation Group.

Recommendation:

That the Honorable City Council approve Amendment No. 1 to the Consultant / Professional Services Provider Agreement for the Bear Valley Road bridge construction management contract with Parsons Transportation Group, Inc., in an amount not to exceed $260,000.00.

Fiscal Impact:

This action will result in a fiscal impact of $260,000.00. An additional appropriation is not required. The amendment is being funded by Fund 352, Road Development Impact Fees (DIF) budgeted for this capital improvement project. There are sufficient budgeted funds available to cover the capital expense for this contract amendment.

Account Funding Source Available Budget
3524500-55315-60014 DIF $327,595.50
Strategic Plan Goal:

This item aligns with “Goal E Invest in Infrastructure” in the City of Victorville Strategic Plan 2023-2026 by improving the level of service for motorists, bicyclists, and pedestrians along Bear Valley Road between Industrial Boulevard and Ridgecrest Road.

Background:

The Bear Valley Road bridge widening project at the BNSF Railroad crossing will widen both sides of the bridge over the tracks to provide standard lane widths, shoulders and accommodate a double east-bound left turn lane from Bear Valley Road to Ridgecrest Road. A right turn lane from westbound Bear Valley Road to Ridgecrest Road will also be 3 3
2 4
constructed. The road that approaches the bridge will also be widened from Industrial Boulevard to east of Ridgecrest Road. The traffic signal poles at both intersections will be replaced to accommodate the widened road. The project will also include a sidewalk on both sides of the bridge and adequate width on either side of the bridge for future bike lanes to cross over the bridge. Please refer to Attachment A, a map and aerial view of the Project.

On November 7, 2017, City Council approved an Overpass Agreement with BNSF Railway Co. (BNSF). Through this agreement BNSF permitted the construction to widen the bridge and granted easements to the City. The agreement requires that the City compensate for any tasks performed by BNSF related to construction in the BNSF right of way or affecting the railroad traffic.

On June 18, 2019, City Council approved a Project Funding Agreement with the San Bernardino County Transportation Authority (SBCTA). On July 24, 2020, Federal Highway Bridge Program (HBP) grant funds were authorized by Caltrans Local Assistance and the Federal Highway Administration (FHWA) for construction in the amount of $5,540,111.68.

On December 15, 2020, City Council amended a Consultant / Professional Services Provider Agreement with Dokken Engineering for design support during construction for a total amount not to exceed of $246,875.00.

On May 18, 2021, City Council approved Amendment No. 1 to the Project Funding Agreement with SBCTA, which increased both the City and SBCTA funding commitments to the project based on a higher construction cost estimate.

Additionally, on May 18, 2021, City Council approved a Consultant / Professional Services Agreement with Parsons Transportation Group, Inc., for the Bear Valley Road Overhead at BNSF Railroad Project construction management in an amount not to exceed of $1,613,726.04.

On September 7, 2021, City Council awarded a construction contract to Riverside Construction Co., in the amount not to exceed of $9,818,512.60 with an anticipated completion date in August 2023, however given the BNSF delays, the project is scheduled for completion at the end of October 2023.

On June 27, 2022, Federal Highway Improvement Program (HIP) grant funds were authorized by Caltrans Local Assistance and FHWA in the amount of $2,117,110.08.

These funds were programmed in accordance with the agreement between the City and SBCTA.

On June 20, 2023, City Council approved a budget amendment for additional appropriation and expenditures for Federal Bridge National Highway Performance Program (NHPP) grant funds in the amount of $1,768,829.00 and a construction contract change order not to exceed $1,501,900.00 with Riverside Construction. 3 3
2 4
Discussion:

Construction activities for this project have required extensive coordination with BNSF.

This coordination has consistently resulted in limitations on construction work window times to perform work on any given working day within railroad property. For the construction contract, the City’s construction management consultant, Parsons, estimated the cost overruns related to the work in the BNSF property and requested a construction contract change order for Riverside Construction to cover the added costs for the extended period to complete work. The change order request for additional funding was approved this past June by the City Council. The additional grant funding unencumbered some Road DIF funds that were earmarked for this project.

Due to the required BNSF coordination, flagging, inspection, and track monitoring, the overall project date of completion has been delayed. As a result, the cost required to retain the services of Parsons Transportation Group as the construction management team for the extended period to close out and complete the project exceeds the contract term. Parsons estimated the costs required for their team to complete their construction management work and submitted a contract amendment request for additional funding.

Staff recommends that the City Council approve Amendment No. 1 to the Consultant / Professional Services Provider Agreement for the Bear Valley Road Overhead construction management contract with Parsons Transportation Group, Inc., in an amount not to exceed $260,000.00.

Staff is available to answer any questions Council may have.

Attachments: A. Project Map and Aerial View
B. Amendment No. 1

ATTACHMENT A
Project Map and Aerial View

ATTACHMENT B
Amendment No. 1
Consultant/Professional Services Provider Agreement/Parsons Transportation Group, Inc./Project BM20-034- 2/Amendment 1