HomeMy WebLinkAboutMINUTES - 09192006 - C.86 : -f Contra
TO: BOARD OF SUPERVISORS -=° -.� Costa
SrqcoifrR'1� County
FROM: Dennis M. Barry, AICP
Community Development Director
DATE: September 17, 2006
SUBJECT: Grant from the U.S. Bureau of Reclamation for acquisition of properties by the
East Bay Regional Park District in anticipation of potential implementation of
East Contra Costa County Habitat Conservation Plan
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
AUTHORIZE the Community Development Director, or designee, to execute a contract for federal
assistance with the U.S. Bureau of Reclamation to for $991,631 to assist with land conservation
actions by the East Bay Regional Park District consistent with the Draft East Contra Costa County
Habitat Conservation Plan / Natural Community Conservation Plan (HCP). REAFFIRM the intent of
the Board of Supervisors to transfer responsibility for administering this grant to the joint exercise
of powers authority that would implement the HCP if this authority makes such a request when it is
formed.
FISCAL IMPACT
No impact to the General Fund. Most of the funding would be passed through the County to EBRPD
from USBR. County costs to administer the pass-through, estimated to be less than $15,000, would
be covered by the grant. EBRPD will pay the required non-federal match.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On June 27 2006, the Contra Costa County Board of Supervisors authorized the Community
Development department to submit an application for these grant funds. The U.S. Bureau of
Reclamation approved the request. More information regarding the grant process and project to be
funded is included in the attached Assistant Agreement and on the June 27, 2006 Board Order.
CONTINUED ON ATTACHMENT: x YES SIGNATURE:
! €COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BO RD COMMITTEE
_APPROVE OTHER
SIGNATURES :
ACTION OF BO R ON U APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT 0-- ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: John Kopchik (CDD) (925) 335-1227 ATTESTED O� o
JOHN C LL N, CLERK OF
cc: Community Development Department (CDD) BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
Grant Application to U.S. Bureau of Reclamation
September 19, 2006
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS (continued)
Staff for the agencies working on the HCP have been pursuing a variety of early
implementation grants so that the HCP can get off to a successful start. Due to the
large amount of lead time that is required to apply for and receive grant funds,
outside grant funding for early implementation actions must be pursued even while
the planning phase of the HCP is in progress. If the HCP is subsequently not
approved, the funds could be returned or could be used to perform the acquisitions
without any relationship to the HCP.
Staff recommends that the County serve as the body to officially apply for and
manage these funds.because no more suitable organization yet exists. The Habitat
Conservation Plan Association (HCPA) is the joint exercise of powers authority that
is preparing the HCP. The HCPA cannot apply for the funds because that
organization will sunset when the HCP planning process is completed and before
the proposed grant project is complete. The joint exercise of powers authority that
will implement the HCP does not yet exist and will not be formed in time to apply for
these funds. Because grant administration duties will span the period between the
sunset of one JPA and the formation of the other, the County's involvement in this
funding application is necessary. Staff from HCPA Member Agencies have been
involved in the pursuit of these grants funds, have been contacted about the County
applying for and managing this funding on behalf of the HCP, and concur that such
action by the County is appropriate. Staff also recommend that the Board of
Supervisors declare its intent to transfer administration of the grant funds to the JPA
that would be formed to implement the HCP if that JPA makes such a request when
it is formed.
Staff is recommending that the Board of Supervisors authorize staff to execute the
attached contract with U.S. Bureau of Reclamation. The contract consists of three
documents that need to be signed: 1) Assistance Agreement, 2) Certification
regarding Lobbying, and 3) Memorandum regarding appointment of Grants and
Cooperative Agreements Officer's Representative.
Attachments:
Assistance Agreement (including project description) (requiring signature)
• Certifications Regarding Lobbying (requiring signature)
• Memorandum regarding appointment of Grants and Cooperative Agreements
Officer's Representative (requiring signature)
• June 27 2006 Board Order authorizing submission of the request for federal
assistance (without attachments)
7-2277(02.02)[Rcv 07/04]
Durcau of KeeLlmuluo
UNITED STATES DEPARTMENT OF TI•lE INTERIOR
BUREAU OF RECLAMATION
ASSISTANCE AGREEMENT
J.AGX&EMENT NUMAS1( 7 vFP OF AG1(PEMRNT i. CLASS OF REC1F1FNT Pagel of
[ X] GRANT
06FG202085 COOPERATIVEAGREEMENT S edial District
I. ISSUING OFFICE (NAME,AW)REQ5. RECIPLENT NAME.ADL)M&.TELKMON4 A
U.S.Departm=t of the Interior r
Bureau of Reclamation C so.
Mid-Pacific Re-ion Contra Costa Cty Community Develqpment Depart-
2800 Cottage Way,Room E-1815 651 Pine Street,North Wing, 44 Floor
Sacramento, California 95825-1898 Martinez,CA 94553
DUl`S#:098865601 EIN#:84-1024566
DUNS#: 050:45883 EM#. 94,-6000509.
6 ADNINIST&V IVE POINT'OF CON7ACT(mAd. TEumcwd.G•IuU 7. XMP1ENT PROJECT AfANAGSR(NAM£,ADDW1 7LLe1'll6WB.E-itutd
Judy Hudson,MP 3837 Phone#: (916)978-5058 John Kopchik,Principal Planner
Bureau of Reclamation Fax#: (916) 978-5175 Germa Costa G ervaon o.
2800 Cottage Way,Room E-1815 Contra Costa Cty Community Develppment Depart,
Saeraminto, California 95825-1898 651 Pine Street,North Wing,0 Floor
Email: jhudsoa@mp.usbr.gov Martinez,CA 94553 1
Phone: (925)335-1227 Fax: (925) 335-1299
Email:iko c rJ,cd.cccoun .us
7. 7LCIINICAL Rfi1'RSSJ:IY'�.ITIV£lNA.VE,.iDW1EiC rGtJ:rIIONE.e.ir uU r.EAVXCTJVE D,1I f
U.S. Department of the Interior SEE BLOCK 17
Bureau of Reclamation
John Thomson
Mid-Pacific Regional Office, NU-152
2800 Cottage Way
Sacramento,CA 95825
j thorns on@mp.usbr.g o v
Phone: 916-978-5052 Fax: 916-976-5055
14k COMPLETION DATE
September 30,2009
u. PrcocR.wsrAruroxrwulrrorurr
Public Law : Fish and Wildlife Coordination Act,as amended, 16 U.S.C. Section 661 et seq,of 1956 and P.L. 109-103,
Energy and Water Development,Sec 205
1:. FUNDING INFORMATION 1fHC[P1F1V•ngTHFN RWI-AM.A710N 11.1C8QU1S1T1ON NVMB1iR ,
71D74LAMOUNT $500,000 .005991,631.00 06201500099
Or a0/tdfelnlC'VT
AMU(JATOF FUNDS $500,000.00 $991,631.00
OaurNlreD
casrsrrArelurro 33.5% 66.50/1,
rd,ACCOUNTI YG AND APPROPRIATION DATA
A30 1745 4993 025 00 0 0 2015000 411 G
15. FROAUCT rI7ZE AND AWSPSUMAIARY OF'PURPOSE AND OBJECTIVE'S OF PR0JEC7
a. TIT : Fee Title Acquisition of Conservation and Recovery Action Parcels in East Contra Costa
County
Block 15 continued on Page 2)
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elniained herciu is kmsrby alalia as behalf of Me abawr+Iamad rdeoeul canlained herein is keRby made OM behoU 1f Ike VmLrd Slelai OfAmerka,bursal o/
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Jeb. NAAIP,T17Lr,ANDr1LEPrIONENUMBEROF11GNfiP,leip,arw;.r+l 17k NAMEOFGRAN7SANDCOOP1;RA77VEAGREEMdN7'SOFPICFH IIrpw,ri
Madeline C.Adams
{J,WIrNe/rryrurr�rr en rl�eoe(
DOCUMENTS INCORPORATED HEREIN BYRfFYRfiNCe:
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Page 2 of 17
Grant 06FG202085
A.1. BACKGROUND
The Central Valley Project Conservation Program(CVP CP) was developed during the Endangered Species Act
(ESA) Section 7 consultation process to ensure that the existing operation of the Central Valley Project(CVP),
implementation of the Central Valley Project Improvement Act(CVPIA), and renewal of CVP water service
contracts would not jeopardize listed or proposed species or adversely affect designated or proposed critical
habitat. Accordingly, the CVP CP implements actions that will protect,restore,and enhance special-status
species and their habitats affected by the CVP. Fee title acquisition of key conservation and restoration action
parcels in East Contra Costa County, California,pursuant to a Habitat Conservation Plan(HCP) and a Natural
Communities Conservation Plan (NCCP), is consistent with the objectives of the CVP CP.
The East Contra Costa County Habitat Conservation Plan Association (HCPA) is a joint powers authority of
Contra Costa County, Contra Costa Water District, the East Bay Regional Park District (EBRPD), City of
Brentwood, City of Clayton, City of Pittsburg, and City of Oakley. These local agencies have worked together to
develop an HCP/NCCP (Plan)to protect,preserve, and restore habitat and threatened and endangered species in
East Contra Costa County. EBRPD will be the key partner in this acquisition, and will ultimately own and
manage the acquired parcel(s).The Contra Costa County Community Development Department acts as the
coordinating agency for the HCPA and is expected to serve the same role for the joint powers authority being
formed to implement the Plan.
When approved, the East Contra Costa County Plan will provide a comprehensive framework to protect natural
resources in eastern Contra Costa County while improving and streamlining the environmental permitting
process. The Plan will allow Contra Costa County and participating cities to better coordinate local land-use
decisions in the region; provide comprehensive species, wetlands,and ecosystem conservation; and contribute to
the recovery of endangered species in the area. The Plan has projected an extensive preserve system and has
prioritized areas for acquisition. The Plan is a conservation and recovery plan that includes actions unrelated to
mitigation requirements. Pursuing these conservation and recovery actions, unrelated to mitigation,is consistent
with the objectives of the CVP CP.
Three parcels have been identified for possible acquisition through this grant.
The first two properties(parcels 078-040-005 and-006) are referred to in this grant as the Mount Diablo to Black
Diamond Mines acquisition. The two parcels form a critical link between two large areas of protected open space.
This acquisition of 401.4 acres of prime habitat is located in the foothills of Mount Diablo near the center of the
Plan inventory area. The Mount Diablo to Black Diamond Mines property supports a mosaic of habitat types.
The property is over 50% grassland, and the remaining dominant land cover types include oak woodland, oak
savanna, and chaparral. There are 5 ponds scattered throughout the property as well as mapped and unmapped
creeks that drain to Marsh Creek.
The Morgan Territory Area acquisition (parcel 006-020-004)totals 288 acres of prime habitat land located near
the southern boundary of the Plan area. It also is a critical link between two large areas of protected open space.
This parcel is almost 60% oak woodland, with the remaining land cover in chaparral, grassland, and oak savanna.
The northeast corner of the parcel contains one large (0.5 acres)pond and a small section of a tributary to Marsh
Creek. .The main branch of Marsh Creek crosses the parcel. .
The three parcels proposed for acquisition total 690 acres. The parcels are identified as a high acquisition
priorities in the Plan and contain important habitat for Alameda whipsnake, California tiger salamander,
California red-legged frog, and San Joaquin kit fox, which are all species impacted by the CVP.
The East Bay Regional Park District will own and manage the acquired parcels in perpetuity and it is anticipated
that management will ultimately be coordinated under the auspices of the Plan. The portion of the property
acquired through this grant will be used to meet long term conservation and recovery goals of the Plan, and will
Page 3 of 17
Grant 06FG202085
not be applied toward meeting mitigation requirements of the Plan. No more than $15,000 of total grant funds
will be used for the administrative costs of the acquisition.
A.2. PURPOSE
The purpose of this grant is to provide funds toward the toward the purchase of any or all of the three parcels of
land in East Contra Costa County to meet long-term goals for the conservation and recovery of species impacted
by the CVP.
A.3. OBJECTIVE
The objective of this grant is to protect habitat for threatened and endangered species impacted by the CVP in
East Contra Costa County
A.4. BENEFITS
Important habitat for threatened and endangered species will be protected and managed in perpetuity to benefit
such species as Alameda whipsnake, California tiger salamander,California red-legged frog, and San Joaquin kit
fox. In addition, acquisition of these parcels will establish critical links-between large areas of protected open
space.
A.S. RESPONSIBILITIES OF THE PARTIES
A.5.1. THE RECIPIENT.
Responsibilities of Recipient:
1. Complete the appraisal of any or all of the above-identified parcels in accordance with Department of the
Interior standards and submit a copy of each completed appraisal to Reclamation for review and approval prior to
acquisition.
2. Acquire all additional funds from project partners needed to purchase parcels identified for acquisition.
3. Utilize funds from this grant for fee title acquisition of any or all of the identified parcels, and for
administrative costs related to the acquisition, i.e.,performing the reporting requirements of this grant, accounting
tasks related to grant management, provision of appraisals, surveys, and title search documents.
Administrative costs are not to exceed $15,000 of total grant funds.
4. Utilize the portion of the property(s) acquired with grant funds only toward recovery and conservation
objectives of the Plan and prohibit the portion of the property(s) acquired with these grant funds to be used for
mitigation. Subsequent actions to create or restore additional habitat on these properties is not prohibited, even if
funded in whole or in part with mitigation funds.
5. Complete fee title acquisition of any or all of the identified parcels, subject to landowner performance.
6. Provide formal, written notification to Reclamation of completion of each acquisition within 30 days of close
of escrow. Include copies of closure documents, including deed,title,and closure statement.
Page 4 of 17
Grant 06FG202085
7. Recognize the contribution of Reclamation through the CVP CP in the acquisition of the subject property(s) in
signage, public ceremonies, and public outreach documents that may be developed to announce completion of the
acquisition(s).
8. Ensure property acquired with funds from this agreement is managed for protection of listed species and that
management is pursuant to the objectives of the HCP/NCCP.
9. Provide the following to Reclamation by December 1, 2007, subject to landowner performance.
A. Legal description of each property.
B. Six(6) high-quality photographic slides of each.property.
C. A list of partners, if any, that assisted in the acquisition of each property.
D. A list of land-cover types and acres within each property.
10.Provide reports to Reclamation every six months on the status of the acquisition until each acquisition is
completed. Pertinent information will include the status of appraisal, landowner negotiations, acquisition issues,
permitting, expected closure date, and other relevant topics.
Submit reports and correspondence to:
John Thomson, MP-152
CVP Conservation Program Manager
Bureau of Reclamation
2800 Cottage Way
Sacramento CA 95825-1898
A.5.2. THE BUREAU OF RECLAMATION.
1. Ensure each appraisal submitted by HCPA is reviewed and approved by Reclamation prior to acquisition.
2. Ensure that the project complies with the National Environmental Policy Act and Endangered Species Act.
However, it is the Recipient's ultimate responsibility for obtaining all applicable Federal, State, and local permits
for work to be performed by the HCPA under this agreement.
3. Ensure that long-term management of the acquired properties meet Reclamation and U.S. Fish and Wildlife
Service guidelines relative to the protection of listed species and habitats.
A.6. STATEMENT OF WORK
See A.5. Responsibilities of the Parties.
A.7 PERFORMANCE PERIOD
The performance period of this agreement is from date of execution to September 30, 2009.
A.8 FUNDING
Reclamation will make advanced payments or reimburse the recipient for allowable costs incurred, in accordance
with applicable OMB Circular during the effective period of this agreement. Please reference Special Provision
B.1, Payment Policy of this agreement.
Page 5 of 17
Grant 06FG202085
(a) SUMMARY OF FUNDING ESTIMATES. The following is a summary of the funding periods of
the agreement, and the amounts of funding(either estimated or costs actually incurred) for those periods:
Period No. Dates Covered Estimated/Actual Costs
1. Date of Execution through September 30, 2006 $991,631.00 (est.)*
2. October 1, 2006 through September 30, 2007 $ 0.00 (est.)*
3. October 1, 2007 through September 30,2008 $ . 0.00 (est.)*
4. October 1, 2008 through September 30, 2009 $ 0.00 (est.)
TOTAL ESTIMATED AMOUNT $ 991,631.00 (est.)
It is understood that any estimated amounts are not binding on either party and are for informational purposes
only, until such time as a modification is issued to provide funding for that period.
* Unexpended funds from previous fiscal years may also be made available for costs incurred during this period.
(b) SUMMARY OF FUNDING OBLIGATIONS. The following is a summary of the funding that has
been obligated for this agreement:
Period# Accountingand nd Appropriation Data Amount
1. A10 0214 4965 520 00 0.0 2330000 41 1G $991,631.00
TOTAL OBLIGATED AMOUNT $991,631.00
It is expressly understood that the Government has no obligation to provide funds in addition to those reserved in
writing. Except as required by other provisions of this Agreement specifically citing and to be an exemption from
this clause, Reclamation shall not be obligated to reimburse the Recipient for costs incurred in excess of the
estimated cost set forth in the approved annual budget.
SPECIAL PROVISIONS
B.1 PAYMENT POLICY(Reclamation 11/03)
Acceptance of a financial assistance agreement from Reclamation creates a legal responsibility on the part of the
recipient organization to use the funds and property provided in accordance with the terms and conditions of the
agreement. Reclamation has a reversionary interest in the unused balance of funding and in any funds improperly
applied.
Payments to recipients are made in accordance with the basic standards and methods stated in the payment
regulations at 43 CFR 12.61 or 43 CFR 12.922, as applicable to this agreement. These requirements are intended
to minimize the time elapsing between the transfer of funds from the Federal government and the disbursement of
these funds by the recipient.
Payment will be made in advance or by reimbursement as follows:
(1) Advance Payment-Recipients shall be paid in advance provided(1)they maintain or demonstrate the
willingness and ability to maintain procedures to minimize the time elapsing between the transfer of funds
and their disbursement by the recipient, (2)they comply with reporting requirements for timely submission of
financial status reports, and(3)they impose these same standards on sub-recipients.
Page 6 of 17
Grant 06FG202085
Advances to recipients shall be limited to the minimum amounts needed and shall be timed to be in
accordance with the actual, immediate cash requirements of the recipient in carrying out the purpose of the
agreement. The timing and amount of cash advances shall be as close as administratively feasible(generally
no more than 3 days) to actual disbursements for direct program costs and the proportionate share of
allowable indirect costs.
(2) Reimbursement --Reimbursement shall be the preferred method of payment when a recipient(1)does
not meet the requirements for advance payment stated above; (2) does not have financial management
systems that meet the standards in 43 CFR 12.60 or 43 CFR 12.921, as applicable; or(3)has been converted
to payment restrictions for non-compliance with the terms and conditions of the agreement. Reimbursement
is also the preferred method of payment for agreements involving construction.
B.2 PAYMENT METHOD (Reclamation 11/03).
Electronic Funds Transfer--Payments under this agreement will be made to recipients by electronic funds
transfer(EFT) unless the recipient qualifies for exemption from this payment method. Reclamation utilizes the
Automated Clearinghouse(ACH) Vendor Express payment system for EFT. Whether funds are paid in advance
or as a reimbursement, the actual payment will be made through Vendor Express. Vendor Express allows the
Government to transfer funds to a recipient's financial institution along with explanatory information regarding
the payment.
Enrollment --Upon award,recipients will receive a copy of the SF-3881, ACH Vendor/Miscellaneous Payment
Enrollment Form. This form is required to implement the Vendor Express system and to notify Reclamation of
any change or corrections to financial institution information.
Requesting Payments-Requests for advance or reimbursement may be made by the following methods:
(1) SF-270,Request for Advance or Reimbursement -On a monthly basis, recipients may submit an
original and two copies of a properly certified SF-270 form to the address identified in Block 4,page 1,of
this agreement. For advance payments, this form may be submitted on a monthly basis, at least two weeks
prior to the date on which funds are required, and on the basis of expected disbursements for the succeeding
month and the amount of Federal funds already on hand. Requests for reimbursement may be submitted on a
monthly basis, or more frequently if authorized by the GCAO. Requested funds are delivered to the recipient
via ACH Vendor Express. This form is available on the Internet at
http://www.whitehouse.gov/omb/grants/grants_forms.html.
(2) SF-271,Outlay Report and Request for Reimbursement for Construction Programs-The SF-271
shall be used for construction agreements paid by the reimbursement method, letter of credit, electronic funds
transfer,or Treasury check advance, except where the advance is based on periodic requests from the
recipient, in which case the SF-270 shall be used. This request may be submitted on a quarterly basis,but no
less frequently than on an annual basis. Recipients may submit an original and two copies of a properly
certified SF-271 form to the address identified in Block 4,page 1, of this agreement. This form is available
on the Internet at http://www.whitehouse.gov/omb/grants/grants_forms.htm]
(3) Automated Standard Application for Payments (ASAP)-Recipients may utilize the Department of
Treasury ASAP payment system to request advances or reimbursements. 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. Once a request is made through ASAP, funds are provided to the recipient either through ACH
or Fedwire. Further information regarding ASAP may be obtained from the ASAP website at
http://www.fms.treas.gov/asap. Upon award, you will be provided with information regarding enrollment in
the ASAP system.
Page 7 of 17
Grant 06FG202085
B.3 REPORTING REQUIREMENTS AND DISTRIBUTION (Reclamation 11/03)
Failure to comply with the reporting requirements contained in this agreement may be considered a material non-
compliance with the terms and conditions of the award. Non-compliance may result in withholding of payments
pending receipt of required reports, denying both the,use of funds and matching credit for all or part of the cost of
the 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.
(1) Financial Reports-All financial reports shall be signed by an Authorized Certifying Official for the
recipient's organization. The following forms are available at
http://www.whitebouse.gov/omb/grants/grants_forms.html.
(a) SF-269 or SF-269a,Financial Status Report-This form is utilized to report total expenditures for
the reporting period. The SF-269 must be used if the recipient is accountable for the use of program
income; otherwise,the SF-269a may used.
An original and two copies of this form shall be submitted quarterly within 30 days following the end of
each reporting period.
A final SF-269 or SF-269a shall be submitted within 90 days following completion of the agreement.
(b) SF-272,Report of Federal Cash Transactions-This reportshall be submitted by recipients that
draw down cash advances by means of electronic funds transfer or Treasury check. Recipients shall
identify in the remarks section the amount of cash advances received in excess of 3 days prior to
disbursement and explain actions taken to reduce excess balances.
An original and two copies of this form shall be submitted on a monthly(but only for those organizations
receiving advances of$1 million or moreper year)basis within 15 days following the end of the reporting
period
(2) Program Performance Reports
(a) Interim Reports -Recipients shall submit an original and two copies of program performance
reports on a semi-annual basis within 30 days following the end of each reporting period. Program
performance reports shall contain the following:
(i)A comparison of actual accomplishments with the goals and objectives established for the
reporting period;
(ii) Where project output can be quantified, a computation of the cost per unit of output;
(iii) When appropriate,reasons why goals and objectives were not met; and
(iv) Other pertinent information including, when appropriate, analysis and explanation of cost
overruns or high unit costs.
(b) Annual Reports -An original and two copies of an annual program performance report shall be
submitted within 90 days following the end of each year of the agreement. Copies of this report may be
required to be included with any application for continuing support of the agreement.
(c) Final Report -An original and two copies of the final program performance report shall be submitted
no later than 90 days following the expiration or termination of the agreement.
Page 8 of 17
Grant 06FG202095
(3) Significant Developments
During the term of the agreement, the recipient must immediately notify the GCAO if any of the following
conditions become known:
(a) Problems, delays or adverse conditions which will materially impair their ability to meet the objectives
of the agreement;
(b)Favorable developments which enable the recipient to meet time schedules and objectives sooner than
or at less cost than projected or to produce more beneficial results than originally planned.
This notification is to include information on the actions taken or contemplated to resolve problems, delays,
or adverse conditions, and any assistance needed from Reclamation to help resolve the problem.
(4)Report Distribution
Copies of reports shall be distributed as follows:
GCAO (Block 6,Page 1) GCAOR(Block 8, Page 1)
Financial Reports 2 1
Performance Reports 1 2
Significant Developments 2 1
B.4 MODIFICATIONS(Reclamation 08/03)
Any changes to this agreement shall be made by means of a written modification. Reclamation may make
changes to the agreement by means of a unilateral modification to deal with administrative matters, such as
changes in address,no-cost time extensions, the addition of previously agreed upon funding, or deobligation of
excess funds at the end of the agreement. Additionally, a unilateral modification may be utilized by Reclamation
if it should become necessary to suspend or terminate the agreement in accordance with 43 CFR 12.83 or 43 CFR
12.961,as applicable.
All other changes shall be made by means of a bilateral modification to the agreement. No oral statement made
by any person,or written statement by any person other than the GCAO, shall be allowed in any manner or degree
to modify or otherwise effect the terms of the Agreement.
All requests for modification of the Agreement shall be made in writing,provide a full description of the reason
for the request, and be sent to the attention of the GCAO. Any request for project extension shall be made at least
45 days prior to the expiration date of the agreement or the expiration date of any extension period that may have
been previously granted. Any determination to extend the period of performance or to provide follow-on funding
for continuation of a project is solely at the discretion of Reclamation.
B.5 RECIPIENT'S PROJECT MANAGER(Reclamation 08/03)
The Recipient's Project Manager for this Agreement shall be John Kopchik,Principal Planner.
B.6 KEY PERSONNEL (Reclamation 08/03)
The Recipient's key personnel for this agreement are identified as follows:
John Kopchik,Principal Planner
East Contra Costa Cty Habitat Conservation Plan Asso.
East Contra Costa Cty Community Development Depart.
Page 9 of 17
Grant 06FG202085
651 Pine Street,North Wing,4'h.Floor
Martinez, CA 94553
Phone: (925) 33.5-1227 Fax: (925) 335-1299
Email:jkopc@cd.cccounty.us
In accordance with 43 CFR 12.70(d)(3) or 43 CFR 12.925, as applicable, the Recipient shall request prior
approval from Reclamation before making any changes in the key personnel identified.above.
B.7 GRANT AND COOPERATIVE AGREEMENT OFFICER'S REPRESENTATIVE (GCAOR)
(Reclamation 08/03)
The GCAOR for this agreement will be:
Bureau of Reclamation
John Thomson,MP-152
2800 Cottage Way
Sacramento, CA 95825
Phone: (916) 978-5052 Fax: (916)978-5055
Email: jthomson@.,mp.usbr.gov
The GCAOR is authorized to act only on technical matters during the term of this Agreement. The GCAOR and
the Recipient's Project Manager shall work closely to insure that all requirements of the Agreement are being met.
The GCAOR's responsibilities include,but are not limited to,the following:
(a) Assist the Recipient concerning the accomplishment of the tasks described in the Agreement;
(b) Provide information to the Recipient which assists in the interpretation of the tasks; and
(c) Review, and where required, approve reports and information to be delivered to the Government.
Technical assistance must be within the general scope of the Agreement. The GCAOR does not have the
authority to and may not issue any technical assistance which:
(a) Constitutes an assignment of additional work outside the general scope of the Agreement;
(b) In any manner causes an increase or decrease in the total estimated cost or the time required for
performance; or
(c) Changes any of the expressed terms, conditions, or specifications.
B.8 FUNDS AVAILABLE-FOR PAYMENT (Reclamation 08/03)
The Government's obligation under this Agreement is contingent upon the availability of appropriated funds from
which payment for Agreement purposes can be made. No legal liability on the part of the Government for any
payment may arise until funds are made available to the GCAO for this Agreement, and until the Recipient
receives notice of such availability, to be confirmed in writing to the Recipient by the GCAO.
Pursuant to the Act of Congress of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary
thereto, all commonly known as Reclamation Law, funds for payment under the first year of this agreement are
included in the fiscal year 2006 Energy and Water Development Appropriation Act, Public Law 109-103.
Funding for any optional year of the agreement is contingent upon subsequent Congressional funding.
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B.9 REIMBURSABLE COSTS AND LIMITATIONS (Reclamation 08/03)
B.9.1 The Recipient shall provide all personnel, services, facilities, equipment, materials and supplies, and
perform all travel, which may be necessary and appropriate for the proper performance of this Agreement. Costs
so incurred will be paid for as provided herein. Reclamation's obligation to provide funding to the Recipient for
costs incurred in these connections shall be limited to the Recipient's direct and indirect costs associated with this
Agreement. All such direct and indirect costs must be determined to be allowable under the regulations contained
in 48 CFR Subpart 31.2 or an OMB Cost Principle Circular, as applicable, which are incorporated herein through
the General Provisions of this agreement.
B.9.2 The recipient shall not incur costs or obligate funds for any purpose pertaining to operation of the program
or activities beyond the expiration date stated in the agreement. The only costs which are authorized for a period
of up to 90 days following the award expiration date are those strictly associated with closeout activities for
preparation of the final report.
B.9.3 Reclamation shall not be obligated to provide funding to the Recipient and the Recipient shall not be
obligated to continue performance under the Agreement or to incur costs.in excess of the costs set forth in the
annual project budget unless the GCAO has furnished the Recipient a modification to increase the available
funding for the Agreement.
B.10 BUDGET REVISIONS (Reclamation 08/03)
The Recipient shall follow the requirements at 43 CFR 12.70(c) or 43 CFR 12.925, as applicable, when making
revisions to budget and program plans. Additionally, approval shall be requested for transfers of amounts
budgeted for indirect costs to absorb increases in direct costs, or vice versa.
B.11 PROCUREMENT STANDARDS (Reclamation 08/03)
When utilizing Federal funds for the procurement of supplies and other expendable property, equipment,real
property, and other services under this agreement, the Recipient shall utilize the Procurement Standards set forth
at 43 CFR 12.76 or 43 CFR 12.940 -12.948, as applicable. The Recipient may be required to submit evidence that
its procurement procedures are in compliance with the standards stated therein. Additional guidance for
contracting with small and minority firms and women's business enterprises is included in the General Provisions
section of this agreement.
B.12 PROPERTY STANDARDS (Reclamation 08/03)
All property, equipment and supplies acquired by the Recipient with Federal funds shall be subject to usage,
management, and disposal in accordance with the Property Standards at 43 CFR 12.72 - 12.73. or 43 CFR 12.930
- 12.937, as applicable.
B.13 PROPERTY STANDARDS-REAL PROPERTY (Reclamation 08/03)
In accordance with 43 CFR 12.71 or 43 CFR 12.932, as applicable, if real property is acquired in whole or in part
under this agreement, it shall be subject to the following regulations:
B.13.1 Title Title to real property acquired under this agreement shall vest upon acquisition in the Recipient or
Sub-recipient, shall be used for the originally authorized purpose of the project as long as it is needed, and shall
not be disposed of or encumbered without Reclamation approval.
B.13.2 Disposition When the real property is no longer needed for the originally authorized purpose,the
Recipient or Sub-recipient shall request disposition instructions from Reclamation. The instructions shall provide
for one of the following alternatives:
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B.13.2.1 Transfer The Recipient may be permitted to transfer the property to another Federally-sponsored
project if the Recipient determines that the property is no longer needed for the purpose of the original project.
Use in other projects or programs shall be limited to those that have purposes consistent with those authorized for
support by the Department of the Interior.
B.13.2.2 Retention of Title The Recipient may be allowed to retain the title after compensating Reclamation for
that percentage of the current fair market value of the property attributable to the Federal government's financial
participation in the project.
B.13..2.3 Sale of Property The Recipient may be directed to sell the property under guidelines provided by
Reclamation, and to compensate Reclamation in an amount calculated by applying Reclamation's percentage of
participation in the cost of the original purchase to the proceeds of the sale after deduction of any actual and
reasonable selling and fix-up expenses. When the Recipient is directed to sell the property, sales procedures shall
be followed that provide for competition to the extent practicable and result in the highest possible return.
B.13.2.4 Transfer of Title The Recipient may be directed to transfer title to the Federal Government or to an
eligible third-party. The Recipient shall be entitled to compensation for its attributable percentage of the current
fair market value of the property.
B.14 INSPECTION (Reclamation 08/03)
Reclamation has the right to inspect and evaluate the work performed or being performed under this agreement,
and the premises where the work is being performed, at all reasonable times and in a manner that will not unduly
delay the work. If Reclamation performs inspection or evaluation on the premises of the Recipient or a sub-
recipient,the Recipient shall furnish and shall require sub-recipients to furnish all reasonable facilities and
assistance for the safe and convenient performance of these duties.
B.15 AUDIT (Reclamation 09/03)
Recipients are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996(31
U.S.C. 7501-7507) and revised OMB Circular A-133,Audits of States, Local Governments, and Non-Profit
Organizations. Audits shall be made by an independent auditor in accordance with generally accepted
government auditing standards covering financial audits. Additional audit requirements applicable to this
agreement are found at 43 CFR 12.66 or 43 CFR 12.926, as applicable. General guidance on the single audit
process is included in a pamphlet titled, Highlights of the Single Audit Process which is available on the internet
at http://www.dot.gov/ost/m60/grant/sincontact.htm. Additional information on single audits is available from the
Federal Audit Clearinghouse at http://harvester.census.gov/sac/.
B.16 ENFORCEMENT (Reclamation 08/03)
In accordance with 43 CFR 12.83 or 43 CFR 12.962, as applicable, if the recipient materially fails to comply with
any term of this agreement, whether stated in a Federal statute or regulation, an assurance, in a State plan or
application, a notice of award, or elsewhere, Reclamation may take one or more of the following actions as
appropriate:
B.16.1 Temporarily withhold cash payments pending correction of the deficiency by the recipient or sub-recipient
or more severe enforcement action by the awarding agency;
B.16.2 Disallow (deny both use of funds and any matching credit for) all or part of the cost of the activity or
action not in compliance;
B.16.3 Wholly or partly suspend or terminate the current award for the recipient's or sub-recipient's program;
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B.16.4 Withhold further awards for the program; or
B.16.5 Take other remedies that may be legally available.
113.17 TERMINATION (Reclamation 08/03)
In accordance with 43 CFR 12.84 or 43 CFR 12.961, as applicable, and except as provided for in the Enforcement
Provision, above, this agreement may be terminated in whole or part only as follows:
B.17.1 By the awarding agency with the consent of the recipient or sub-recipient in which case the two parties
shall agree upon the termination conditions, including the effective date and in the case of partial termination,the
portion to be terminated, or
B.17.2 By the recipient or sub-recipient upon written notification to Reclamation, setting forth the reasons for
such termination, the effective date, and in the case of partial termination, the portion to be terminated. However,
if, in the case of a partial termination, the awarding agency determines that the remaining portion of the award
will not accomplish the purposes for which the award was made, the awarding agency may terminate the award in
its entirety under either the Enforcement Provision or paragraph 1 of this Provision.
B.18 DUN AND BRADSTREET (D&B) DATA UNIVERSAL NUMBERING SYSTEM(DUNS)
REQUIREMENT(Reclamation 07/04)
Effective October 1, 2003,applicants for Federal grants or cooperative agreements must provide a D&B DUNS
number with their application. This number is to be included in Block 5 of your SF-424 Application for Federal
Assistance (Rev.9-2003), or in Block 6 of previous versions of the SF-424.
If you do not have a DUNS number,one may be obtained at no cost by calling the dedicated toll-free DUNS
Number Request Line at 1-866-705-5711,or by going to the DUNS Government Contractor and Grantee
website at https://eupdate.dnb.com/requestoptions/government/ecrre2 .
Individuals who would personally receive a grant or cooperative agreement award from the Federal government,
apart from any business or non-profit organization they operate, are exempt from the requirement to provide a
DUNS number with their application. Reclamation must,however,have a DUNS number for payment processing
purposes, and will therefore obtain a DUNS number for any individual who is awarded a grant or cooperative
agreement.
GENERAL PROVISIONS (6/04)
C.1 Regulations and Guidance
The regulations at 43 CFR, Part 12, Subparts A, C, E, and 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 comply with any provision may be the basis for withholding payments for proper charges made by
the recipient and for termination of support. Copies of OMB Circulars are available on the Internet at
http://www.whitehouse.gov/omb/grants/grants_clrculars.html. The implementation of the circulars at 43 CFR
Part 12 is available at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1.
C.1.1. Agreements with colleges and universities shall be in accordance with the following circulars:
Circular A-21,revised May 10, 2004, "Cost Principles for Educational Institutions"
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Grant 06FG202085
Circular A-110, as amended September 30, 1999, "Uniform Administrative Requirements for Grants and
Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations"
Circular A-133,revised June 27, 2003, "Audits of States, Local Governments, and Non-Profit Organizations"
C.1.2. Agreements with State and local governments shall be in accordance with the provisions of the
following circulars:
Circular A-87,revised May 10,2004, "Cost Principles for State, Local, and Indian Tribal Governments"
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)
Circular A-133,revised June 27, 2003, Audits of States, Local Governments, and Non-Profit Organizations"
C.1.3. Agreements made with nonprofit organizations shall be in accordance with the following circulars
and provisions:
Circular A-110, as amended September 30, 1999, "Uniform Administrative Requirements for Grants and
Agreements With Institutions of Higher Education,Hospitals, and Other Non-Profit Organizations"
Circular A-122,revised May 10, 2004, Cost Principles for Non-Profit Organizations"
Circular A-133,revised June 27, 2003, Audits of States, Local Governments, and Non-Profit Organizations
C.1.4.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 Subpart 31.2
titled "Contracts with Commercial Organizations" which is available on the Internet at
hLp://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page l.
C.2. Debarment and Suspension
The Department of the Interior regulations at 43 CFR 42—Government-wide Debarment and Suspension (Non-
procurement), which adopt the common rule for the government-wide system of debarment and suspension for
non-procurement activities, are hereby incorporated by reference and made a part of this agreement. By entering
into this grant or cooperative agreement with the Bureau of Reclamation, the recipient agrees to comply with 43
CFR 42, Subpart C, and agrees to include a similar term or condition in all lower-tier covered transactions. These
regulations are available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title 43/43cfr42_00.htm] .
C.3. Drug-Free Workplace
The Department of the Interior regulations at 43 CFR 43—Government-wide Requirements for Drug-Free
Workplace (Financial Assistance), which adopt the portion of the Drug-Free Workplace Act of 1988 (41 U.S.C.
701 et seq, as amended) applicable to grants and cooperative agreements, are hereby incorporated by reference
and made a part of this agreement. By entering into this grant or cooperative agreement with the Bureau of
Reclamation, the recipient agrees to comply with 43 CFR 43, Subpart B, if the recipient is not an individual, or
with 43 CFR 43, Subpart C, if the recipient is an individual. These regulations are available at
http://www.access.gpo.gov/nara/cfr/cfrhtm1_00/Title_43/43cfr43_00.htm] .
CA. Assurances and Certifications Incorporated by Reference
a. The provisions of the Assurances, SF 424B or SF 424D as applicable, 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
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Grant 06FG202085
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 environmental laws and
regulations and the Endangered Species Act; and Federal protection of rivers and waterways and historic and
archeological preservation.
b. When required by 43 CFR 18—New Restrictions on Lobbying, recipients shall complete a Certification
Regarding Lobbying form. This certification is incorporated by reference and made a part of this agreement.
These regulations are available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_43/43cfrl8_OO.html .
C.5. Covenant Against Contingent Fees
The recipient warrants that no person 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.
C.6. Contracting with Small and Minoritv 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.
a. The grantee and sub-grantee shall take.all necessary affirmative steps to assure that minority firms, and
women's business enterprises are used when possible.
b. Affirmative steps shall include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to
permit maximum participation by small and minority business, and women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women's business enterprises;
(5) Using the services and assistance of the Small Business Administration, and the Minority
Business Development Agency of the Department of Commerce as appropriate, and
(6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps
listed in b.(1) through (5) above.
C.7. Notice Regarding Buv American Act
In accordance with the annual Energy and Water Development Appropriations Act,please be advised that it is and
has been the sense of Congress that,to the greatest extent practicable, all equipment and products purchased with
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Grant 06FG202085
funds made available in this Act should be American-made. This provision shall remain in effect unless revoked
by a future specific act of Congress.
C.B. 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 arise
between the parties,they must be resolved according to the procedures discussed below:
a. Reclamation shall attempt first to resolve disagreements with the recipient through informal discussion
among the Grants or Contract Specialist, the Program Officer, and the recipient's Project Director.
b. 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.
c. 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 collectively
decide on any varied approaches which might be used to resolve the disagreement. The parties shall be
responsible for their individual expenses related to any approach utilized to resolve the disagreement. If attempts
at resolving the disagreement fail, the Chief, Acquisition and Assistance Management Services,or the Regional
Director, whichever is applicable, shall make a decision which shall be final and conclusive.
d. Nothing herein shall be construed to delay or limit Reclamation's right to take immediate and
appropriate action, as set forth at 43 CFR Subpart 12.83 or 12.962, as applicable, 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.
C.9. Lobbving Restrictions
In accordance with the annual Energy and Water Development Appropriations Act,please be advised that it is and
has been the sense of Congress that none of the funds appropriated by this Act may be used in any way, directly
or indirectly, to influence Congressional action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This provision
shall remain in effect unless revoked by a future specific act of Congress.
C.10. Electronic Funds Transfer(EFT)
In accordance with the Debt Collection Improvement Act of 1996, 31 CFR 208, effective January 2, 1999, all
Federal payments to recipients must be made by EFT unless a waiver has been granted in accordance with 31
CFR 208.4. Upon award of a financial assistance agreement, Reclamation will provide the recipient with further
instructions for implementation of EFT payments or a certification form to request exemption from EFT.
C.11. 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 programs,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 government, a local government, or a federally-recognized Indian tribal government, and the
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Grant 06FG202085
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, manuscripts or other publications) which
states or implies governmental, Departmental,bureau, or government employee endorsement of a product, service
or position which the recipient represents. No release of information relating to this award may state 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 services.
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 must obtain prior Government approval for any public information releases concerning this
award which refer to the Department of the Interior or any bureau or employee (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 sub-award to any sub-recipient, except for a sub-award to
a State government, a local government, or to a federally-recognized Indian tribal government.
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Grant 06FG202085
List of Documents,Exhibits,or Other attachments (6/04)
D.I. The following.documents,exhibits or attachments are incorporated by reference and made a part of
this agreement.
Attachment Number Title No. of Pajzes
1 Certifications Regarding Lobbying 1
U.S. Department of the Interior
Certifications Regarding Lobbying
Signature on this form provides for compliance with certification requirements under 43 CFR Partl8.
This certification shall be treated as a material representation of fact upon which reliance will be
placed when the Department of the Interior determines to award the covered transaction, grant,
cooperative agreement or loan.
CHECK IF CERTIFICATION IS FOR THE AWARD OF ANY OF THE FOLLOWING AND
THE AMOUNT EXCEEDS$100,000: A FEDERAL GRANT OR COOPERATIVE AGREEMENT,
SUBCONTRACT, OR SUBGRANT UNDER THE GRANT OR COOPERATIVE AGREEMENT.
CHECK IF CERTIFICATION 1S FOR THE AWARD OF A FEDERAL
LOAN EXCEEDING THE AMOUNT OF$150,000, OR A SUBGRANT OR
SUBCONTRACT EXCEEDING$100,000, UNDER THE LOAN.
The undersigned certifies, to the best of his or her knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or
employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person 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 this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying" in
accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that
all subrecipients shall certify accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than$100,000 for each such failure.
As the authorized certifying official, I hereby certify that the above specified certifications are true.
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL
TYPED NAME AND TITLE
DATE
DI-2010 (Part E)June 1995
ENT OF
40 Qy� United States Department of the Interior
9
N O
BUREAU OF RECLAMATION
a9 Mid-Pacific Regional Office
�4'9CH 3 '$ 2800 Cottage Way
1N REPLY Sacramento, California 95825-1898
REFER TO:
MP-3837
ACM-13.00
MEMORANDUM
To: Mid-Pacific Regional Office
Attention: MP-150(John Thomson)
From: Madeline C.Adams
Grants and Cooperative Agreements Officer
Subject: Appointment as Grants and Cooperative Agreements Officer's Representative(GCAOR)for Grant
Agreement 06FG202085 with East Contra Costa County Habitat Conservation Plan Association
Pursuant to the authority vested in the Grant and Cooperative Agreement Officer(GCAO)by the Reclamation
Manual ACM 01-01,paragraph 3,and the Reclamation Financial Assistance Handbook;you are hereby designated,
on a non-redelegable basis,as GCAOR.for the subject agreement.
As a matter of practice,you shall prepare memorandums for the record(MFR)of all meetings,trips,and telephone
conversations relating to this agreement. Each MFR,other similar records,and all correspondence relating to the
agreement shall cite the agreement number and name. A copy of all actions or correspondence shall be furnished to
the GCAO and to all other interested parties having a need to know. Please ensure any restrictions regarding
proprietary data,as well as classified and business-sensitive information,are enforced.
In your capacity as GCAOR,you should become thoroughly familiar with the agreement and all of the general and
special terms and conditions. In performing your GCAOR duties,you are not authorized to:
1. Award,agree to,or execute any agreement,agreement modification,or notice of intent;
2. Obligate, in any way, the payment of money by the Government;
3. Make a final decision on any agreement matter;
4. Suspend or terminate the agreement, for cause or convenience;or
5. Take actions that would alter or redirect any aspect of the project.
Your GCAOR duties will consist of the following:
1. Monitor agreement performance and compliance.
a. Represent Reclamation in technical phases of the project within the scope of the agreement and
attempt to resolve questions regarding interpretation of agreement specifications,drawings,and/or other technical
matters. In the event of disagreement with the recipient in this regard,or if there is a question regarding whether a
Grant 06FG202085
Page 2 of')
change falls within the scope of the agreement, please refer the matter to the GCAO for resolution. Your referral
report should contain facts and recommendations.
b. Review any changes or modifications proposed by the recipient and provide such information to the
GCAO along with your recommendations regarding the action the GCAO should take.
c. Monitor recipient performance to ensure that the project progresses in accordance with the
agreement and on schedule.
d. Actively monitor the agreement to ensure that the recipient complies with the terms and conditions
of the agreements for timely submission of all progress and financial reports. If the recipient is believed to not be in
compliance, the GCAOR shall promptly inform the GCAO so that actions can be taken in accordance with the
Department of the Interior"Policy Regarding Financial Status Reporting Requirements Related to Grants,"which
was transmitted by Reclamation Financial Assistance Memorandum(RFAM)04-02.
e. . Advise the GCAO promptly of any situations,actual or potential, which you believe could adversely
affect the interests of the Government,e.g.,recipient financial or personnel problems,non-compliance with Federal
regulations,etc.
f. When required,obtain quarterly accrual information from the recipient and submit this information
to the GCAO or other designated point of contact.
g. Furnish copies of all applicable reports, letters,and any other pertinent agreement-related
correspondence to the GCAO,Attention:MP-3825 and Program Manager.
2. Administer Payment and Property.
a. Review and concur or provide prompt rejection of recipient SF-270-Request for Advance or
Reimbursement. Timely certification and submission of SF-270 forms is extremely important.
You should reject SF-270 forms if agreement terms and conditions have not been met, if the
recipient has failed to make satisfactory progress, if the recipient is not meeting its cost sharing requirements, or if it
appears the recipient is requesting an advance of funds in excess of their immediate cash disbursement requirements.
b. If the recipient has elected to use the Automated Standard Application for Payments system, the
GCAOR should monitor drawdown requests and alert the GCAO if it appears the recipient is requesting an advance
of funds in excess of their immediate cash disbursement requirements, of if the recipient is violating any other terms
and conditions of the award,as discussed in paragraph B.1.
c. Monitor Government property furnished under this agreement. Maintain property records in
connection with this agreement and provide property disposition recommendations to the GCAO upon completion of
the agreement.
In the event you are in doubt as to the extent of your authority with respect to an agreement matter,you should
contact the GCAO for guidance before taking action on the matter. You are cautioned that you may be held
personally liable for actions taken or direction given beyond the authorities delegated by this memorandum.
You are reminded of the applicability of the Department of the Interior Employee Responsibility and Conduct
Regulations(see 43 CFR 20),and the Standards of Ethical Conduct for Employees of the Executive Branch(see 5
CFR 2635). In particular,5 CFR 2635, Subpart B, contains standards that prohibit you from soliciting or accepting
any gift,gratuity, favor, discount,entertainment, hospitality, loan, or other item having monetary value from a
prohibited source(see 5 CFR 2635.203),unless otherwise excepted.
Grant 06FG202085
Page 3 of 3
Our point of contact on this grant is Madeline C. Adams, telephone(916)978-5131.
cc: Recipient
Note to Recipient: Please acknowledge your receipt of this memorandum and understanding of the identity and
function of the Grant and Cooperative Agreement Officer's Representative(GCAOR)by signing below and
returning one original copy of this memorandum to the Grant and Cooperative Agreement Officer,Attention:MP-
3837.The other copy is for your records.
Recipient's Representative Date