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HomeMy WebLinkAboutR-2025-017 Resolution authorizing an agreement with the United States Bureau of Reclamation (BOR) for the Water/Irrigation and Wastewater Divisions Low-income and Unserved Utility Areas RESOLUTION NO. R-2025-017 A RESOLUTION authorizing an Agreement with the United States Bureau of Reclamation (BOR) for a grant of $4,949,298 for the Water/Irrigation and Wastewater Divisions Low-income and Unserved Utility Areas Project No. AC2570 and SC2650. WHEREAS, the City of Yakima owns, operates and maintains the domestic water treatment, storage, and distribution supply systems in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City of Yakima owns, operates and maintains the wastewater collections and treatment systems in accordance with applicable Federal, State and Local regulations; and WHEREAS, the City of Yakima, along with their consultant HLA Engineering and Land Surveying, Inc. have designed domestic water and wastewater systems to provide service to existing residents who are not currently served with said systems; and WHEREAS, the City of Yakima, along with their consultant HLA Engineering and Land Surveying, Inc. applied for grant funding to the BOR for the construction of the new domestic water and wastewater systems; and WHEREAS, the BOR has accepted the grant application and provided an award of $4,949,298 through the WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2024 for the Water/Irrigation and Wastewater Divisions Low-income and Unserved Utility Areas Project No. AC2570 and SC2650, grant no. R24AP00579-00 attached hereto and incorporated herein by this reference; and WHEREAS, said WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2024 is a cost-shared program emphasizing drought resiliency; and WHEREAS, the City of Yakima can provide the amount of matching funds of up to $260,489.00 in cash and/or in-kind contributions specified in the grant's funding plan; and WHEREAS, the City Council finds and determines that approval of said grant agreement is in the best interests of residents of the City and the City of Yakima; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council approves the agreement and authorizes the City Manager to enter into grant agreement no. R24AP00579-00 with the United State Bureau of Reclamation, attached hereto and incorporated by this reference, to fund the Water/Irrigation and Wastewater Divisions Low- income and Unserved Utility Areas Project No. AC2570 and SC2650. ADOPTED BY THE CITY COUNCIL this 7th day of January, 2025. Nt AK/4,/ ATTEST: ; .`SEAL : Patricia Byersr ayor • -*.. Rosalinda Ibarra, City Clerk 1.DATE ISSUED MM/DD/YYYY 1a.SUPERSEDES AWARD NOTICE dated except that any additions or restrictions previously imposed NOTICE OF AWARD 12/17/2024 remain in effect unless specifically rescinded 2.ASSISTANCE LISTING NUMBER ¢'(0ENT OF Ty 15 514-Reclamation States Emergency Drought Relief QP 'r g F4 3.ASSISTANCE TYPE Project Grant cri p 4.GRANT NO.R24AP00579-00 5. TYPE OF AWARD Originating MCA# Other 4a.FAIN R24AP00579 5a.ACTION TYPE New 19 p°' 6. PROJECT PERIOD MM/DD/YYYY MM/DD/YYYY 4/CH 3.\$ From 12/17/2024 Through 12/31/2025 AUTHORIZATION(Legislation/Regulations) 7.BUDGET PERIOD MM/DD/YYYY MM/DD/YYYY Inflation Reduction Act,2022(P.L. 117-169) From 12/17/2024 Through 12/31/2025 8.TITLE OF PROJECT(OR PROGRAM) Expanding Water and Wastewater Access to Underserved Communities 9a.GRANTEE NAME AND ADDRESS 9b.GRANTEE PROJECT DIRECTOR Mr Mike Shane CITY OF YAKIMA 129 N 2nd St 129 North 2nd Street Yakima,WA,98901-2613 Yakima,WA,98901-2613 Phone:509.576 6480 10a.GRANTEE AUTHORIZING OFFICIAL 10b FEDERAL PROJECT OFFICER Ms Vicki Baker Ms Karen Shubert 129 North 2nd Street Bureau of Reclamation Yakima,WA,98901-2613 125 South State Street Phone 509-575-6272 Salt Lake City,UT,84138 Phone:8015243663 ALL AMOUNTS ARE SHOWN IN USD 11.APPROVED BUDGET(Excludes Direct Assistance) 12.AWARD COMPUTATION I Financial Assistance from the Federal Awarding Agency Only a.Amount of Federal Financial Assistance(from item 11m) $ 4,949,298.00 II Total project costs including grant funds and all other financial participation (I b.Less Unobligated Balance From Prior Budget Periods $ 0 00 a, Salaries and Wages $ 0 00 c Less Cumulative Prior Award(s)This Budget Penod $ 0.00 d.AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION $ 4,949,298.00 b Fringe Benefits $ 0 00 13.Total Federal Funds Awarded to Date for Project Period $ 4,949,298 00 c Total Personnel Costs $ 0.00 14.RECOMMENDED FUTURE SUPPORT d Equipment $ 0 00 (Subject to the availability of funds and satisfactory progress of the project) 0 00 YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS e Supplies $ a 2 $ d 5 $ f. Travel $ 0 00 b.3 $ e. 6 $ 9• Construction $ 4,527,758 00 c. 4 $ f 7 $ h. Other $ 0.00 15.PROGRAM INCOME SHALL BE USED IN ACCORD WTI ONE OF THE FOLLOWING ALTERNATIVES. i. Contractual •$ 682,029 00 a DEDUCTION b b. ADDITIONAL COSTS C MATCHING ). TOTAL DIRECT COSTS $ 5,209,787.00 d OTHER RESEARCH(Add/Dedud Option) e. OTHER(See REMARKS) k. INDIRECT COSTS $ 0 00 16.THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO,AND AS APPROVED BY,THE FEDERAL AWARDING AGENCY ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY I TOTAL APPROVED BUDGET $ 5,209,787 00 OR BY REFERENCE IN THE FOLLOWING. a The grant program legislation 0 The grant program regulations. C. This award noIRe including terns and conditions,if any,noted below under REMARKS m. Federal Share $ 4,949,298.00 d Federal administrative requirements,wet principles and audit requirements applicable to this grant. In the event there are conflicting or otherwise inconsistent policies applicable to the grant,the above order of precedence shall n. Non-Federal Share $ 260,489 00 prevail Acceptance of the grant teens and conditions is acknowledged by the grantee when funds are drawn or otherwise obtained from the grant payment system REMARKS (Other Terms and Conditions Attached- O Yes O No) See attached agreement. GRANTS MANAGEMENT OFFICIAL. Karen Shubert,Grants Management Specialist Bureau of Reclamation 125 South State Street Salt Lake City,UT,84138 Phone:8015243663 17. VENDOR CODE 0071340010 18a.UEI FJNNX1XFJ9K3 18b.DUNS 19. CONG.DIST. 04 LINE# FINANCIAL ACCT AMT OF FIN ASST START DATE END DATE TAS ACCT PO LINE DESCRIPTION 2 0051049866-00010 $4,949,298.00 12/17/2024 12/31/2025 0680 R-DO-2024-004815 DRP City of Yakima PAGE 2 of 2 DATE ISSUED NOTICE OF AWARD (Continuation Sheet) 12/17/2024 GRANT NO. R24AP00579-00 Federal Financial Report Cycle Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date 12/17/2024 03/31/2025 Semi-Annual 04/30/2025 04/01/2025 09/30/2025 Semi-Annual 10/30/2025 10/01/2025 12/31/2025 Final 04/30/2026 Performance Progress Report Cycle Reporting Period Start Date Reporting Penod End Date Reporting Type Reporting Period Due Date 12/17/2024 03/31/2025 Semi-Annual 04/30/2025 04/01/2025 ,09/30/2025 Semi-Annual 10/30/2025 10/01/2025 12/31/2025 Final 04/30/2026 2 AWARD ATTACHMENTS CITY OF YAKIMA R24AP00579-00 1. Agreement R24AP00579 1 0 — BUREAUOF — RECLAMATION Federal Financial Assistance Terms and Conditions of Award Table of Contents I. Award Administration and Overview 3 1. Authority 3 2. Public Purpose of Support 3 3. Background and Objectives 3 4. Financial Assistance Administrative Regulations 4 5. Regulatory Compliance 4 6. Acceptance 4 7. Amendments 5 II. Project Performance 5 1. Project Narrative and Milestones 5 2. Recipient Responsibilities 5 2.1 Interim Performance Reports 6 2.2 Final Project Report 6 2.3 Official Resolution 6 3. Reclamation Responsibilities 6 III. Financial Assistance 7 1. Available Funding 7 2. Approved Budget 7 3. Cost Sharing Requirement 7 4. Pre-Award Incurrence of Costs 8 5. Indirect Costs 8 IV. Payment Information 8 1. Payment Method 8 2. Payment 8 3. Return of Funds, Interest or Excess Cash 8 V. Reporting Requirements 9 1. Reclamation Required Reports and Submission 9 November 1, 2024 1.1 Financial Reporting Requirements 9 1.2 Performance Progress Reporting Requirements 10 2. Federal-wide Reports and Disclosures 10 2.1 System for Award Management 10 2.2 Subawards and Executive Compensation 10 2.3 Reporting Recipient Integrity and Performance 11 2.4 Conflicts of Interest 11 2.5 Trafficking Victims Protection 12 3. Remedies for Noncompliance 12 VI. Program or Project Specific Terms and Conditions 13 1. Buy America Preference for Infrastructure Projects 13 2. Liability 16 VII. Reclamation Contacts 17 1. Grants Officer 17 2. Grants Management Specialist 17 3. Grants Officer's Technical Representative 17 VIII. Department of Interior Standard Terms and Conditions 17 I. Award Administration and Overview 1. Authority This Financial Assistance Agreement (Agreement) is entered into between the Bureau of Reclamation (Reclamation) and City of Yakima (Recipient), pursuant to Public Law 117-169, Section 50231, Drought Response and Preparedness. 2. Public Purpose of Support The Expanding Water and Wastewater Access to Underserved Communities Project (Project) will increase the reliability of water supplies and improve water management to build long-term water resiliency due to drought and other environmental factors affecting water supply. 3. Background and Objectives Through WaterSMART (Sustain and Manage America's Resources for Tomorrow), 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 and attention to local water conflicts. Reclamation's WaterSMART Drought Response Program supports a proactive approach to drought by providing financial assistance to water managers to develop and update comprehensive drought plans (Drought Contingency Planning) and implement projects that will build long-term resiliency to drought (Drought Resiliency Projects). Through the Drought Response Program, Reclamation invites states, tribes, irrigation districts, water districts, organizations with water or power delivery authority, and non-profit conservation groups to leverage their money and resources by cost sharing with Reclamation on Drought Resiliency Projects that will increase the reliability of water supplies and improve water management. The City of Yakima, located in southern Washington, will construct domestic water and sanitary sewer infrastructure to two distinct disadvantaged and underserved areas in the City where City utility services currently do not exist to fully connect 85 residential properties to the City's resilient, safe, and reliable potable water and sanitary sewer systems. In these areas, individual wells serve each parcel and septic systems accompany each parcel for the wastewater discharges. These wells are very shallow, ranging from 25 feet to 80 feet below the ground surface. With parcel sizes being relatively small with limited landscaped areas, the septic systems including drain field locations are typically directly adjacent to the wells. With septic drain fields above the groundwater wells intake, this poses a grave public health concern for contaminated water in these two disadvantaged communities. The use of shallow wells and individual septic tanks has been challenged with the frequency and durations of recent droughts in Washington State. This project is identified and prioritized in the City's 2017 Water System Plan. With the addition of City water services, water supplies will be more reliable and water quality will no longer be in danger of being contaminated, posing a risk to public health. 4. Financial Assistance Administrative Regulations All recipients are required to follow the applicable federal, Department of Interior, and Reclamation financial assistance regulations. The provisions of the "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Financial Assistance" located at Title 2 CFR Part 200, the Department of the Interior Federal Agency Regulations for Grants and Agreements at Title 2 CFR Subtitle B, Part 1400-1499, and the Financial Assistance Interior Regulations (or FAIR) at Title 2 CFR Subtitle B, Parts 1402-1402.499, are hereby incorporated by reference as though set forth in full text. 5. Regulatory Compliance All recipients must comply, or assist Reclamation, with all regulatory compliance requirements and all applicable state, federal, and local environmental, cultural, and paleontological resource protection laws and regulations, as applicable to this Agreement. These may include, but are not limited to, the National Environmental Policy Act (NEPA), including the Council on Environmental Quality and Department of the Interior regulations implementing NEPA, the Clean Water Act, the Endangered Species Act, consultation with potentially affected Tribes, and consultation with the State Historic Preservation Office. If the Recipient begins project activities that require environmental or other regulatory compliance approval, prior to written notice from the GO that all such clearances have been obtained, Reclamation reserves the right to initiate remedies for non-compliance as defined by 2 CFR 200.339-340, including termination of this Agreement. 6. Acceptance Recipients of Reclamation financial assistance awards must comply with the applicable terms and conditions incorporated, either directly or by reference, in their Notice of Funding Opportunity No. R24AS00007 WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2024, program announcements, and this Notice of Award. These terms and conditions are in addition to the assurances and certifications made as part of the award application process through submission of the Standard Forms SF-424B Assurances for Non- Construction Programs, SF-424D Assurances for Construction Programs, and Certifications Regarding Lobbying (see SF-424 Family I Grants.gov), or through acceptance of certifications and representations in the System for Award Management (SAM.gov). Acceptance of a financial assistance award, including any amendments, from Reclamation carries with it the responsibility to be aware of and comply with all terms and conditions applicable to the award. Acceptance means starting work, drawing down or requesting funds, or accepting the award via electronic means. Accepting the award constitutes a consent to fulfill and comply with all terms and conditions by the recipient. 7. Amendments Any changes to this Agreement shall be made in writing by the Grants Officer (GO), unless determined by Reclamation to be administrative corrections which do not impact the terms and conditions of the Agreement. No statement made by any person, or in writing, other than the GO shall be allowed to amend, modify, or otherwise affect the Agreement. All recipient requests for amendment of the Agreement, including prior approval requirements set forth in 2 CFR 200.308, such as no-cost extensions and changes to key personnel, or the addition of previously agreed upon funding, are addressed to the GO and submitted in writing (including via email) and will include a full description of the reason for the request. Amendment requests can be submitted to the Grants Management Specialist (GMS) or to the GO identified on the NOA page. II. Project Performance 1. Project Narrative and Milestones Under this Agreement, the Recipient shall construct domestic water and sanitary sewer infrastructure to serve two underserved areas of the city of Yakima, connecting 85 residences to potable water and a sanitary sewer system. This project will be located in the City of Yakima, Washington, in Yakima County, approximately 142 miles southeast of Seattle. The project latitude is 46°37' N and longitude is 120°30' W. This project will service tracts 53077000200 and 53077001201. The major components of the project include but are not limited to: • Connecting 85 residents to reliable water and sewer systems The milestones for completing the scope of work are: Milestone/Task/Activity Planned Planned Start Date Completion Date Complete environmental and cultural compliance June 2024 February 2025 Procure consulting contract August 2024 September 2024 Procure construction contract October 2024 January 2025 Construction: Northeast Neighborhood March 2025 July 2025 Construction: South Central Neighborhood July 2025 December 2025 2. Recipient Responsibilities The Recipient shall carry out the approved project in accordance with the terms and conditions stated herein, 2 CFR Part 200 (including procurement requirements at 200.320), adherence to Federal, state, and local laws, regulations, and codes, as applicable, and shall obtain all required approvals and permits. If the approved project contains construction activities, the Recipient is responsible for construction inspection, oversight, and acceptance. If applicable, the Recipient shall also coordinate and obtain approvals from site owners and operators. 2.1 Interim Performance Reports The Recipient shall prepare and submit to Reclamation interim Project performance reports (Interim Performance Reports) as required in the reporting section of this Agreement. Each Interim Performance Report will include (but is not limited to) the information identified below: • A comparison of actual accomplishments to the milestones established by the financial assistance agreement for the reporting 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 2.2 Final Project Report The Recipient shall prepare and submit to Reclamation a final Project performance report (Final Project Report) as required by the reporting section of this Agreement. The Final Project Report will include (but is not limited to) the information identified below: • 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 resiliency to drought • How the Project demonstrates collaboration, if applicable Photographs documenting the project are also appreciated. Recipient understands that Reclamation may print photos with appropriate credit to Recipient. Recipient also understands that the Final Project Report is a public document and may be made available on Reclamation's website, www.usbr.gov/drought. 2.3 Official Resolution The Recipient shall prepare and submit an Official Resolution adopted by the organization's board of directors within 30 days of receipt of agreement. 3. Reclamation Responsibilities Reclamation monitoring and oversight of this award includes review and approval of financial and performance reports, and other deliverables identified as part of the project scope. Additional monitoring activities may include drawdown approvals, site visits, conference calls, and other on-site and off-site monitoring activities such as inspections or evaluation on Recipient and subrecipient premises. At the Recipient's request, Reclamation may also provide technical support to the Recipient for the approved project and objectives of this Agreement. III. Financial Assistance 1. Available Funding The total estimated project cost for this Agreement is $5,209,787.00. The amount of federal funds issued with this action is $4,949,298.00, as indicated by "Amount of Financial Assistance This Action" within block 12 of the NOA. The Recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program or activities beyond the period of performance end date. The only costs which are authorized for a period of up to 120 days following the period of performance are those strictly associated with closeout activities for preparation of the final reports. 2. Approved Budget The total approved budget summarizes the financial aspects of the project. It is detailed by category in block 11 of the NOA page and/or below. Final costs incurred within budget categories listed may be either higher or lower than the estimated costs. All costs incurred by the Recipient under this Agreement must be in accordance with budget submitted to Reclamation, and any pre-award clarifications conducted between the Recipient and Reclamation. The Recipient is responsible for ensuring federal funds are managed in a manner consistent with 2 CFR Part 200 Subpart E, the approved budget, approved project activities, and terms and conditions of award. Recipients are encouraged to direct questions regarding allowability, allocability or reasonableness of costs to the GO for review prior to incurrence of the costs in question. 3. Cost Sharing Requirement At least 5% non-federal cost-share is required for costs incurred under this Agreement. If pre- award costs are authorized, reimbursement of these costs is limited to federal cost share percentage identified in this Agreement. The federal share of allowable costs shall not be expended in advance of the Recipient's non- federal share. The expenditure of federal and non-federal funds based upon the cost share percentage above shall occur concurrently. If a bona fide need arises which requires the expenditure of federal funds in advance of the Recipient share, then the Recipient must request written approval from the GO prior to the expenditure. Recipient's may expend their agreed upon share of costs in advance of the expenditure of federal funds without prior written approval. 4. Pre-Award Incurrence of Costs The Recipient shall be entitled to reimbursement for costs incurred on or after June 1, 2024 which if had been incurred after the start date of the period of performance, would have been allowable, allocable, and reasonable under the terms and conditions of this Agreement. 5. Indirect Costs Indirect costs are not approved for this Agreement. IV. Payment Information 1. Payment Method Recipients must utilize the Department of Treasury Automated Standard Application for Payments (ASAP) payment system to request payments. ASAP is a Recipient-initiated payment and information system designed to provide a single point of contact for the request and delivery of federal funds. ASAP is the only allowable method for request and receipt of payment. Recipient procedures must minimize the time elapsing between the drawdown of federal funds and the disbursement for Agreement purposes. 2. Payment Financial assistance recipients are paid in advance by electronic drawdown, provided they maintain written procedures that minimize the time elapse between transfer of funds from ASAP accounts and disbursements, and they have financial management systems that meet standards for fund control and accountability. Advance payments are limited to the immediate cash requirements to carry out the purpose of the approved program or project. 3. Return of Funds, Interest or Excess Cash Payment Method ASAP The Recipient must direct returns of funds not spent, excess cash on hand, interest owed to the federal government, and principal to the ASAP system. Returns should include: - The agency to credit the funding (i.e. Reclamation) - The relevant ASAP account numbers - The reason for the return Payment Method Electronic Transfer If the Recipient is unable to return funds owed to the federal government through ASAP, the following electronic transfer information should be utilized: ACH Returns: ABA Routing Number: 051036706 Account number: 312018 Bank Name and Location: Credit Gateway, Federal Reserve Bank, Richmond, VA Agreement Number: Reclamation Grant or Cooperative Agreement Number Fedwire Returns: ABA Routing Number: 021030004 ABA Short Name: TREAS NYC Account number: 14060905 Beneficiary Name: Bureau of Reclamation Bank Name and Location: Federal Reserve Bank, 33 Liberty Street, Federal Reserve Post Office Station, New York, NY 10045 Agreement Number: Reclamation Grant or Cooperative Agreement Number Payment Method US Mail For Recipients that do not have electronic remittance capability, please make check payable to: "Bureau of Reclamation" and include the following in the memo lines of the check: - The Reclamation award number - The ASAP account number Mail (by USPS only) the check to Treasury approved lockbox: DOI-BOR-Region: Denver P.O. Box 6200-21 Portland, OR 97228-6200 V. Reporting Requirements 1. Reclamation Required Reports and Submission Reports can be submitted to the GMS via FAReporting@usbr.gov or GrantSolutions. 1.1 Financial Reporting Requirements The interim Federal Financial Report (SF-425) shall be submitted semi-annually, according to the Report Frequency and Submission schedule noted under the Federal Financial Report Cycle, following the Notice of Award page. All financial reports shall be signed by an Authorized Certifying Official for the Recipient's organization. Per 2 CFR Part 200.344, the Final Federal Financial Report (SF-425) shall be submitted within 120 days of the period of performance end date. The recipient shall not incur costs or obligate funds for any purpose pertaining to the operation of the program or activities beyond the period of performance end date and must liquidate all financial obligations incurred under the award. The only costs which are authorized for 120 days following the period of performance end date are those strictly associated with closeout activities in preparation of final reports. All sections of the Final SF-425 must be complete. 1.2 Performance Progress Reporting Requirements Reclamation requires Performance Reports to be submitted semi-annually, according to the Report Frequency and Submission schedule noted under the Performance Progress Report Cycle, following the Notice of Award page. Reclamation may utilize standard, OMB-approved forms for the collection of performance information, or no specific format, as identified in the NOFO or program announcement. For Construction and non-construction, the minimum information to include in Performance Reports are: • Report identification; recipient name, agreement number, project title. • A comparison of actual accomplishments to the objectives of the federal award for the reporting period • Where accomplishments can be quantified, or performance data and analysis informative to Reclamation, if applicable • A reason(s) why any established goals/objectives were not met, if applicable • Pertinent information on overall activity such as cost overruns, or high unit costs • Significant developments such as problems, delays, or adverse conditions, if applicable • Favorable developments such as objectives ahead of schedule, or less cost than anticipated, if applicable Per 2 CFR Part 200.344, the Final Performance Progress Report shall be submitted within 120 days of the period of performance end date. The Final Performance Report shall include a summary of all activities completed during the entire period of performance with the minimum information stated above, and any Program Specific or Data Collection report requirements as stated within the NOFO and this Agreement. 2. Federal-wide Reports and Disclosures 2.1 System for Award Management Unless exempted by 2 CFR 25.110, recipients must maintain current information in the System for Award Management (SAM) until the final financial report required under the Award is submitted, or the final payment is received, whichever is later, per Appendix A to Part 25, Title 2. This requires recipients to review and update information at least annually after the initial registration, or more frequently if required by changes in your information. See SAM.gov I Home. If a recipient allows their SAM registration to lapse, they will be prevented from submitting applications for funding opportunities in Grants.gov, and ASAP accounts are suspended, among other federal financial assistance restrictions. 2.2 Subawards and Executive Compensation Unless exempted by 2 CFR Part 170.105, Recipients are required to report information on subawards and executive total compensation to meet the requirements of the federal Funding Accountability and Transparency Act of 2006. Recipients can review Appendix A to Part 170, Title 2 for information on what, where, and when to report. 2.3 Reporting Recipient Integrity and Performance Recipients that have active financial assistance and procurement contracts from federal agencies exceeding $10,000,000 for any period of time during the period of performance of this Agreement must maintain current information in SAM about civil, criminal, or administrative proceedings as outlined in Appendix XII to Part 200. 2.4 Conflicts of Interest The Recipient must establish safeguards to prohibit its employees and Subrecipients from using their positions for purposes that constitute or present the appearance of a personal or organizational conflict of interest. The Recipient is responsible for notifying the Grants Officer in writing of any actual or potential conflicts of interest that may arise during the life of this award. Conflicts of interest include any relationship or matter which might place the Recipient or its employees in a position of conflict, real or apparent, between their responsibilities under the agreement and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Recipient and/or Recipient's employees and Subrecipients in the matter. The Grants Officer and the servicing Ethics Counselor will determine if a conflict of interest exists. If a conflict of interest exists, the Grants Officer will determine whether a mitigation plan is feasible. Mitigation plans must be approved by the Grants Officer in writing. Failure to resolve conflicts of interest in a manner that satisfies the government may be cause for termination of the award. Definitions: This section incorporates by reference 2 CFR Part 200, Subpart A, Acronyms and Definitions including, but not limited to the following additional terms: A. Conflict of Interest is defined as any relationship or matter which might place the Recipient, its employees, and/or its Subrecipients in a position of conflict, real or apparent, between their responsibilities under the agreement and any other outside interests. Conflicts of interest may also include, but are not limited to, direct or indirect financial interests, close personal relationships, positions of trust in outside organizations, consideration of future employment arrangements with a different organization, or decision-making affecting the award that would cause a reasonable person with knowledge of the relevant facts to question the impartiality of the Recipient and/or Recipient's employees and Subrecipients in the matter. B. Close Personal Relationship means a federal award program employee's childhood or other friend, sibling, or other family relations that may compromise or impair the fairness and impartiality of the Proposal Evaluator and Advisor and Grants Officer in the review, selection, award, and management of a financial assistance award. C. Discretionary Federal Financial Assistance means Federal awards including grants and agreements that are awarded at the discretion of the agency. D. Employment means: 1. In any capacity, even if otherwise permissible, by any applicant or potential applicant for a Federal financial assistance award; 2. Employment within the last 12 months with a different organization applying for some portion of the award's approved project activities and funding to complete them OR expected to apply for and to receive some portion of the award; and/or 3. Employment with a different organization of any member of the organization employee's household or a relative with whom the organization's employee has a close personal relationship who is applying for some portion of the award's approved project activities and funding to complete them OR expected to apply for and to receive some portion of the award. E. Non-federal entity means a State, local government, Indian tribe, institution of higher education, or nonprofit organization that carries out a Federal award as a Recipient or Subrecipient. F. Recipient means a non-federal entity that receives a federal award directly from a federal awarding agency to carry out an activity under a federal program. The term Recipient does not include Subrecipients. G. Subrecipient means a non-federal entity that receives a subaward from a pass-through entity to carry out part of a federal program, but does not include an individual who is a beneficiary of such program. A Subrecipient may also be a recipient of other federal awards directly from a federal awarding agency. 2.5 Trafficking Victims Protection The Recipient, its employees, and its subrecipients under this award may not engage in human trafficking, procuring commercial sex acts, or using forced labor during the performance of the award, or any subawards. Recipients must inform Reclamation immediately of any allegation of such activity. Reclamation may unilaterally terminate this award, without penalty, in addition to other remedies for noncompliance, if a violation of the Trafficking Victims Protection Act of 2000 (TVPA), codified at 2 CFR Part 175.15 for financial assistance awards, is determined. Recipients will ensure this provision is included in any agreements entered into for award activities. 3. Remedies for Noncompliance Failure to comply with the recipient reporting, disclosure, and notice requirements contained in this Agreement, terms and conditions, or federal financial assistance regulations, may be considered a material noncompliance with the terms and conditions of the award. Noncompliance may result in withholding of payments, denying both the use of federal funds and recipient cost-share for all or part of a cost, activity or action not in compliance, whole or partial suspension or termination of the Agreement, recovery of funds paid under the Agreement, withholding of future awards, or other legal remedies in accordance with 2 CFR 200.339-340. VI. Program or Project Specific Terms and Conditions 1. Buy America Preference for Infrastructure Projects Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless: (1) All iron and steel used in the project are produced in the United States—this means all manufacturing processes, from the initial melting stage through 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 the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and (3) All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The construction material standards are listed below. Incorporation into an infrastructure project. The Buy America Preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) 15 Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated. Application of the Buy America Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified. Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions: (a) For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (b) For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product. Construction material standards. The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is followed by a standard for the material to be considered "produced in the United States." Except as specifically provided, only a single standard should be applied to a single construction material. (1) Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States. (2) Plastic and polymer-based products. All manufacturing processes, from initial combination of constituent plastic or polymer-based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States. (3) Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States. (4) Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer-based products, or any others. (5) Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States. (6) Lumber. All manufacturing processes, from initial debarking through treatment and planing, occurred in the United States. (7) Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States. (8) Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States. Waivers. When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements can be found at https://www.doi.gov/grants/buyamerica. When DOI has determined that one of the following exceptions applies, the awarding official may waive the application of the Buy America Preference in any case in which the agency determines that: (1) applying the Buy America Preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the Buy America Preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Office of Management and Budget (OMB) Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at the Approved DOI General Applicability Waivers website located at https://www.doi.gov/grants/BuyAmerica/GeneralApplicabi lityWaivers. Definitions "Buy America Preference" means the "domestic content procurement preference" set forth in section 70914 of the Build America, Buy America Act, which requires the head of each Federal agency to ensure that none of the funds made available for a Federal award for an infrastructure project may be obligated unless all of the iron, steel, manufactured products, and construction materials incorporated into the project are produced in the United States. "Construction materials" means articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2) of this definition. To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material. (1) The listed items are: (i) Non-ferrous metals; (ii) Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); (iii) Glass (including optic glass); (iv) Fiber optic cable (including drop cable); (v) Optical fiber; (vi) Lumber; (vii) Engineered wood; and (viii) Drywall. (2) Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material. "Infrastructure" means public infrastructure projects in the United States, which includes, at a minimum, the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; 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; and structures, facilities, and equipment that generate, transport, and distribute energy including electric vehicle (EV) charging. "Infrastructure project" means any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the project. See also paragraphs (c) and (d) of 2 CFR 184.4. "Iron or steel products" means articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both. "Manufactured products" means: (1) Articles, materials, or supplies that have been: (i) Processed into a specific form and shape; or (ii) Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies. (2) If an item is classified as an iron or steel product, a construction material, or a Section 70917(c) material under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under 2 CFR 184.4(e) and paragraph (1) of this definition may include components that are construction materials, iron or steel products, or Section 70917(c) materials. "Predominantly of iron or steel or a combination of both" means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components. "Section 70917(c) materials" means cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. See Section 70917(c) of the Build America, Buy America Act. 2. Liability a. In general, except as provided under 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 under this Agreement, the title of which is not held by the United States. b. Tort Claims Act. Nothing in this section increases the liability of the United States beyond that provided in 28 U.S.C. Chapter 171, United States Code (commonly known as the "Federal Tort Claims Act"). VII. Reclamation Contacts 1. Grants Officer The Reclamation GO is the only official with legal authority to; obligate funds, approve amendments, interpret financial assistance statutes, regulations, circulars, policies, and terms of this Agreement. The GO, or Grants Management Official, contact information can be found on the bottom of the Notice of Award cover page. 2. Grants Management Specialist The Reclamation GMS works in conjunction with the GO and is the primary administrative point of contact for this Agreement regarding issues related to the day-to-day management. Requests for approval regarding changes to the terms and conditions of the Agreement, including but not limited to amendments and prior approval, may be submitted to a GMS but can only be approved, in writing, by a Reclamation GO. For some agreements, the Reclamation GO and the Reclamation GMS may be the same individual. 3. Grants Officer's Technical Representative The Grants Officer Technical Representative (GOTR), or Federal Project Officer, is the primary point of contact for the programmatic performance, compliance, and progress for this Agreement and represents Reclamation in questions regarding interpretation of specifications, drawings, and other technical matters. The GOTR assists the GO in documenting performance, resolving compliance issues with project activities/milestones, and other technical conditions of the Agreement, however only the GO has the legal authority over management of this award. The GOTR holds no authority to modify, approve, or make determinations related to the terms and conditions of this award. VIII. Department of Interior Standard Terms and Conditions The Department of the Interior (DOI) Standard Award Terms and Conditions found at https://www.doi.gov/grants/doi-standard-terms-and-conditions are hereby incorporated by reference as though set forth in full text. The Recipient is responsible for ensuring their subrecipients and contractors are aware of and comply with applicable statutes, regulations, and agency requirements. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9.A. For Meeting of: January 7, 2025 ITEM TITLE: Resolution authorizing an agreement with the United States Bureau of Reclamation (BOR) for the Water/Irrigation and Wastewater Divisions Low-income and Unserved Utility Areas Project No. AC2570 and SC2650 SUBMITTED BY: Scott Schafer, Public Works Director Mike Price, Wastewater Manager *Mike Shane, Water/Irrigation Manager SUMMARY EXPLANATION: In 2022, the City of Yakima (City) committed to providing safe and reliable domestic drinking water, along with the ability to discharge domestic waste in a safe and reliable manner, to residents in areas of the city that were currently not served by these public services. Residents in these areas currently obtain their domestic water from individual private wells and discharge waste to individual septic systems. The City, along with their consultant HLA Engineering and Land Surveying, Inc. began the design of new domestic water and wastewater systems to provide services to these residents, which was completed in 2023. A grant application to fund the construction of the water and wastewater systems was submitted to the United States Bureau of Reclamation as part of their WaterSMART Drought Response Program: Drought Resiliency Projects for Fiscal Year 2024 program. On May 6, 2024, the City was notified that the application was chosen for an award of$4,949,298.00 to complete the project. On December 17, 2024, the City of Yakima was notified that the Grant/Cooperative Agreement for Grant No. R24AP00579-00 has been awarded and released, aliowing the City to move forward with construction of the new facilities. Matching funds or in-kind services in the amount of$260,489.00 will be provided by the Water and Wastewater Divisions as part of the Agreement. ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_USBOR_Grant_Agreement_Unserved_Areas BOR Grant Agreement R24AP00579 NOA- Water.Wastewater Unserved Area.pdf