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HomeMy WebLinkAboutContracts & Agreements_135-2001_CCv0001.pdf 7-2277(5) (11/00) Fuge if of UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION 1. GRANTICOOPERATIVE AGREEMENT NO. 2. REQUISITION NUMBER 1 CLASS OF RECIPIENT 01-FC-35-0024 I Local Government 4. ISSUED BY CODE SGA'-7206 5. RECIPIENT U.S. Bureau of Reclamation City of Redlands 27710 Jefferson Ave.Suite 201 Municipal Utilities Department Temecula,California 92590 35 Cajon Street,Suite 15A Redlands,California 92373 6, NAME.ADDRESS,AND PHONE NO.OF ASSISTANCE REPRESENTATIVE 7. NAME,ADDRESS,AND PHONE NO.OF RECIPIENTS PROJECT MANAGER Leslie Cleveland Douglas Headrick U.S. Bureau of Reclamation City of Redlands 27710 Jefferson Ave,Suite 201 Municipal Utilities Department Tpmecula,California 92590 35 Cajon Street,Suite 15A 909-695-5310 Redlands,California 92373 909-798-7698 B. PROGRAM STATUTORY AUTHORITY Section 1604,Title XVI,P.L. 102-575 9. EFFECTIVE DATE 10,COMPLETION DATE See Block 15 March 31,2002 11.TOTAL AMOUNT RECIPIENTIOTHER SHARE RECLAMATION SHARE 12.ACCOUNTING AND APPROPRIATION DATA OF AGREEMENT $ 40,000 $20,363 AMOUNT OF FUNDS OBLIGATE $ 40,000 $20,363 A10-1862-6004-115-00-0-0 3501000 4110 13, PROJECT DESCRIPTIONISCHEDULE/SPECIAL PROVISIONS See attached Scope of Work, 14. Acceptance of this Assistance Agreement indicates a willingness to comply with all 15. Acceptance of this Assistance Agreement in accordance With all applicable Federal laws, applicable Federal laws,executive-orders.regulations and policies by Executive orders,regulations and policies is hereby made on behalf of the United States of America,Bureau of Reclamation. City of Redlands, Municpaf Utilities Department NAME OF RED:I 4 VC, , BY BY Ile- z S;GNATURE' DATE SIC-NATURE Q DATE Gaa G.Phelps Richard A.Martin TYPED NAME TYPED NAME Municipal Utilities Director Grants and Cooperative Agreements Officer TITLE TITLE 909-798-7698 909-695-5310 TELEPHONE NO, TELEPHONE NO. (I I/UU) rage z OT 16.GENERAL PROVISIONS A. REGULATIONS AND GUIDANCE- OMB CIRCULARS The regulations at,43 CFR.Part 12,Subparts A-F are hereby incorporated by reference as though set forth in full text. The following Office of Management and Budget{OMB)Circulars,as applicable,and as implemented by 43 CFR Part 12,are also incorporated by reference and made a part of this agreement. Failure of a recipient to doll fly any provision may be the basis for withhoping payments for proper charges made by the recipient and for the termination of support- Copies of OMB Circulars are available on the Internet at http:/twww,wh.tehcuse.gov,'OMBtcircularstirdex.h"- The implementation of the circulars at 43 CFP Part 12 is available at hftp:/,iwww.access.gpo.goa;nara/cfrlcfr-table-searct,,-htN#,ragel. (1) Agreements with colleges and universities shall be in accordance with the following b,,nculars: OMS Circular A-21,revised August 8,2000,*Ccist Principles for Educational Institutions' 01,18 Circular A-1117,as amended September 30.1999.*Uniform Adnimstranive Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,and Other Nori Organizations' ONO Circuiar A-133,revised June 24,1597,*-Audits of States,Local Governments,and Non-Profit Organizations* (2) Agreements with State and local governments snail be in accordance with the following circulars: OMB Circular A-87,as a Mnded August 29,1957,*Cost Principles for State,Local,and Indian Tribal Governments* OMB Circular A-102,as amended August 29.1997.'Grants and Cooperative Agreements with State and Local Governments* (Grants Management Common Rule,Codification by Department of Interior,43 CFR 12) OMS Circular A-133,revised June 24,1997.*Audits of States,Local Governments,and Non-Profit Organizations' (3) Agreements friable with non-profit organizations shall be in accordance with the following circulars: -OMB Circular A-110,as amended Septe rter 30,1999.%nificnin Administrative Requirements for Grants and Agreements with Institutions of Higher Education,Hospitals,and Other Non-Profit Organizations' -OMB Circular A-122.rev-.sed May IS,1998,"Cost Principles for Non-Profit Organizations" -OMB Circular A-133,revised June 24,1597."Audits of States,Local Governments,and Non-Profit Organizations' (4) All agreements with organizations other than those indicated above shall be in accordance with the basic principles of OMB Circular A-110,and cost principles shall be in accordance with 48 CFR Subpar',31,2 titled'Contracts with Commercial Organizations"which is available on the Internet at http,.Ilwww,access-gpo.govinara/cfr/cfr-table-search.htrrggpgel- B. ASSURANCES INCORPORATED BY REFERENCE The provisions of the Assurances executed by the Recipient in connection with this agreement shall apply with full force and effect to this agreement as if fully set forth in these General Provisions. Such Assurances include,but are not limited to,the promise to comply with all applicable Federal statutes and orders relating to nondiscrimination in employment,assistance,and housing:the Hatch Act:Federal'wage and hour laws and regulations and work place safety standards;Federal envirnomental laws and regulations and the Endangered Species Act;and Federal protection of rivers and waterways and historic and archeological preservation. C. COVENANT AGAINST CONTINGENT FEES The recipient warrants that no carbon or agency has been employed or retained to solicit or secure this agreement upon an agreement or understanding for a commission,percentage,brokerage,or contingent fee, excepting bona fide employees or bona fide offices established and maintained by the recipient for the purpose of securing agreements or business, For breach or violation of this warranty,the Government shall have the right to annul this agreement without liability or,in its discretion,to deduct from the agreement amount,or otherwise recover,the full amount of such commission,percentage,brokerage,or contingent fee_ D. CONTRACTING WITH SMALL AND MINORITY FIRMS,AND WOMEN'S BUSINESS ENTERPRISES It is a national policy to award a fair share of contracts to small and minority business firms. The Department of the Interior is strongly committed to the objectives of this policy and encourages all recipients of its grants and cooperative agreements to take affirmative steps to ensure such fairness. (1) The grantee and subgrantee shalt take all necessary affirmative steps to assure that minority firms,women's business enterprises,and labor surplus area firms are used when possible, (2) Affirmative steps shall include: (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (b) Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources: (c) Dividing total requirements,when econornically feasible,into smaller tasks or quantities to permit maximum participation by small and minority business,and women's business enterprises: (d) Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority business,and women's business enterprises: (a) Using the services and assistance of the Small Business Administration,and the Minority Business Development Agency of the Department of Commerce as appropriate,and (f) Requiring the crime contractor,if subcontracts are to be let,to take the affirmative steps listed in(2)(a)through(e)above. E. NOTICE REGARDING BUY AMERICAN ACT Pursuant to Section 602 of the Energy and Water Development Appropnations Act.2001,Public Law 106-377,please be advised of the following: It is the sense of the Congress that,to the greatest extent practicable,all equipment and products Purchased with funds made available in this Act should beAniericari-made. F, RESOLVING DISAGREEMENTS When entering into a cooperative agreement with a recipient,Reclamation commits itself to working with the recipient in a harmonious manner to achieve the objectives of the project successfully, When disagreements arse between the parties,they must be resolved according to the procedures discussed below: (1) Reclamation shall attempt first to resolve disagreements with the recipient through informal discussion among the Grants or Contract Specialist,the Program Officer,and line recipient's Project Director, (2) If the disagreement cannot be resolved through Informal discussion between these parties,the Grants Specialist and the Program Officer shall document the nature of the disagreement and bring it to the attention of the Grants Officer, (3) After reviewing the facts of the disagreement,as presented by the Grants and Program Offices,the Grants Officer will arrange a formal meeting. If agreement still cannot be reached,the parties will torilectivery drincrte on any varied approaches w1hich might be used to resolve the disagreement. The parties shall be responsible for their individual expenses relared to any approach utilized to resolve the disagreement.ent. If attempts at resolving the disagreement fall,the Chief,Acquisition and Assistance Management Services,or Regional Director,as applicable,shall make a decision which shall be final and cohcluslve. (4', Nothing herein shall be incristmed to delay or limit Reclamation's right to take'Immediate and appropriate action,as set forth at 43 CFR Subparts 12.83 or 12.962,in the event of material noncompliance by the recipient,and no attempts at informal resolution shall be necessary. Any post award issue will be open for resolution in accordance with the above Procedures,with the exception of disagreements regarding continuation of the agreement(termination must be in accordance with 43 CFR 12)or other matters specifically addressed by the agreement itself. G. LOBBYING 'n accordance with Section 601 of the Energy and!Water Development Approonafiron.Act,2001,Public Law 106-377,please be advsed of the following: None of the funds appropriated by 1his Act may be used in any way,directly or indirectly,to influence Congressional action on any legislation or approptation matters pending before Congress,other loan to communicate!o Mer fbers of Congress as described in section 1913 of title 18,United States Cone. H. ELECTRONIC FUNDS TRANSFER(E in accordance win the Debt Collection ImIlproverrent Aid of Ig96,of January 2,1999,all Federal payrnena to recipients=at be made by EFT untess a wwrver has been,granted m accordance with 31 CFR 208.4 Upon alvard of a financial assistance agree-rent Rectarnation lmll provide the recipient with further instpuctions for irradementation of EFT payments are certification form to request exerribion,from EFT, /-ZZ J 1(5) (-I']/UU) Flage 3 Of 3 I. INCREASING SEAT BELT USE IN THE UNITED STATES—EXECUTIVE ORDER 13043 In accordance with 43 CFR 12 2(e),if you are awarded a grant or cooperative agreement,the following provision is applicable,and shall be incorporated into any grant or cooperative agreement which the recipient awards to a suoreccent: Recipients of grants/cooperative agreements andfor sub-awards are encouraged to adopt and enforce on-the-job seat belt use policies and programs for their employees when operating company-owned, rented,or personally owned vehicles- These measures include,but are not firnited to,conducting education,awareness,and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. J. ENDORSEMENT OF COMMERCIAL PRODUCTS AND SERVICES in accordance with 43 CFR 12.2{d),this provision applies to grants and cooperative agreements whose principal purpose is a partnership where the recipient contributes resources to promote agency prograrrs, publicize agency activities,assists in fund-raising,or provides assistance to the agency. If the agreement is awarded to a recipient,other than a State govern nrit,a local government,or a federally-recognized Indian tribal government,and the agreement authorizes joint dissemination of information and promotion of activities being supported,the following provision shall be made a term and condition of the award: Recipient shall not publicize or otherwise circulate,promotional material(such as advertisements,sales brochures.press releases,speeches,still and motion pictures,articles,m3nuscriph;or other publications)which states of implies governmental.Departmental,bureau,or government employee endorsement of a product,service or position which the recipient represents. No release ofinformation relating to this award may store or imply that the Government approves of the recipient's work products,or considers the recipient's work product to be superior to other products or seroces. All information submitted for publication or other public releases of information regarding this project shall carry the following disclaimer: 'The views and conclusions contained in this document are those of the authors and should not be interpreted as representing the opinions or policies of the U.S,Government. Mention of trade names or commercial products does not constitute their endorsement by the U.S,Government.* Recipient trust obtain prior Government approval for any public information releases concerning this award which refer to the Department of the Interior or any bureau or en-Voyee(by name or title) The specific text,layout photographs,etc, of the proposed release must be submitted with the request for approval. A recipient further agrees to include this provision in a subaward to any subrecipient,except for a subaward to a State government,a local government,or to a federally-recognized Indian tribal government. K. CERTIFICATIONS The following certifications are incorporated by reference and made part of this agreement: -Certifications Regarding Debarment.Suspension,and Other Responsibility Matters.Drug-free Workplace Requirements and Lobbying(Di-2010) 17, SPECIAL PROVISIONS A. MODIFICATIONS Any changes to this Agreement shall be made by means of a written modification. Reclamation may make changes dealing with administrative matters,such as changes in address,no-cost time extensions,or solely for funding purposes,by means of a unilateral modification. Any other changes shall be trade by a bilateral modification to the agreement. No oral statement made by any person,or written statement made by any person other than the Grants and Cooperative Agreements Officer(GCAO),shall be allowed in any manner or degree to modify or otherwise effect the terms of the Agreement. B, TERMINATION OF THE AGREEMENT Termination of this agreement,either for cause or convenience,will be in accordance with the termination provisions of the applicable OMB Circular and 43 CFR 12.