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Home My WebLink About2024-03-19; Municipal Water District; Resolution 1729RESOLUTION NO. 1729 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CARLSBAD MUNICIPAL WATER DISTRICT, APPROVING AN AMENDMENT TO THE SUBRECIPIENT AGREEMENT FOR THE U.S. TITLE XVI WATER RECLAMATION AND REUSE GRANT AWARD FOR THE NORTH SAN DIEGO WATER REUSE COALITION REGIONAL RECYCLED WATER PROGRAM WHEREAS, the Carlsbad Municipal Water District, or CMWD, Board has determined that the expansion of recycled water use provides a renewable, local and drought-proof supply of water for irrigation and other uses is in the best interest of the CMWD; and WHEREAS, federal grant funds offset ratepayer costs; and WHEREAS, the CMWD has partnered with the North San Diego County Water Reuse Coalition to successfully obtain federal grant funding from the U.S. Bureau of Reclamation for local recycled water projects; and WHEREAS, the Olivenhain Municipal Water District is the lead agency for the North San Diego County Water Reuse Coalition; and WHEREAS, the Olivenhain Municipal Water District has drafted an amendment to the subrecipient agreement for participating agencies in the North San Diego County Water Reuse Coalition to receive the approved additional federal grant funding from the U.S. Bureau of Reclamation. NOW, THEREFORE, BE IT RESOLVED by the Carlsbad Municipal Water District Board of the City of Carlsbad, California, as follows: 1.That the above recitations are true and correct. 2.That the subrecipient agreement amendment for the U.S. Title XVI Water and Reuse Grant Award for the North San Diego Water Reuse Coalition Regional Recycled Water Program, Attachment A, for administration of federal grant funds for recycled water projects is approved. 3.That the Carlsbad Municipal Water District Executive Manager or designee is authorized to sign the subrecipient agreement amendment, Attachment A, and submit the executed agreement to the Olivenhain Municipal Water District. 4.That the Carlsbad Municipal Water District Executive Manager or designee is authorized to sign all future subrecipient agreement amendments for this program to accept additional funds and to extend the term of the sub recipient agreement, as needed. PASSED, APPROVED AND ADOPTED at a Special Meeting of the Carlsbad Municipal Water District Board of Directors of the City of Carlsbad on the 19th day of March, 2024, by the following vote, to wit: AYES: NAYS: ABSTAIN: ABSENT: BLACKBURN, BHAT-PATEL, ACOSTA, BURKHOLDER, LUNA. NONE. NONE. NONE. KEITH BLACKBURN, President SHERRY FREISINGER, Secretary (SEAL) AMENDMENT NO. 1 TO AGREEMENT 23AGR001 BETWEEN OLIVENHAIN MUNICIPAL WATER DISTRICT AND SUBRECIPIENTS OF THE TITLE XVI WATER RECLAMATION AND REUSE FY 2021 GRANT AWARD FOR THE NORTH SAN DIEGO WATER REUSE COALITION REGIONAL RECYCLED WATER PROGRAM The agreement between Olivenhain Municipal Water District, a Municipal Water District organized and operating pursuant to Water Code Sections 71000 et seq. (hereinafter Olivenhain); and Carlsbad Municipal Water District (Carlsbad), the City of Escondido (Escondido), Leucadia Wastewater District (Leucadia), the City of Oceanside (Oceanside), Rincon del Diablo Municipal Water District (Rincon), San Elijo Joint Powers Authority (San Elijo), and Vallecitos Water District (Vallecitos) (collectively Subrecipients), which was entered into by the parties on September 8, 2022 (hereinafter Subrecipient Agreement), is amended as follows: 1.Purpose of this Amendment. On September 12, 2023, the United States Bureau of Reclamation issued Amendment No. 1 to Grant Agreement R22AP00518, attached hereto as Exhibit “A”. Amendment No. 1 to the Grant Agreement requires corresponding amendments to the Subrecipient Agreement, including, but not limited to: •Increase the total project costs and federal contribution, due to additional funding received from USBR in the amount of $17,826,952.00. •Adjust the estimated federal and non-federal cost-share amounts and percentages, due to the additional funding received. •Extend the period of performance and completion date. •Revise the Scope of Work to include additional activities. •Revise the costs for grant administration and compliance with the National Environmental Protection Act. Attachment A 2.Amend Grant Agreement. Section 2, “Grant Agreement,” is revised as follows: Olivenhain has entered into the Grant Agreement with USBR on behalf of the Parties. The total estimated amount of federal funding is $23,926,952. USBR estimates its administrative costs associated with NEPA compliance to be $100,000, which it will withhold from the amount disbursed to Olivenhain; however, if USBR does not expend the administrative funds in their entirety, the remaining funds may be obligated to Olivenhain. Therefore, the initial amount of federal funds available is limited to $23,826,952. The amount of reimbursable federal grant funding due to each agency under this Agreement is identified in the table below. Olivenhain: $3,677,691 Carlsbad: $3,142,997 Escondido: $3,916,691 Leucadia: $191,858 Oceanside: $6,280,336 Rincon: $424,866 San Elijo: $3,740,372 Vallecitos: $2,452,142 Total: $23,826,952 3.Amend Subrecipient Cost Share of Project Costs. Section 3, “Subrecipient Cost Share of Project Costs,” is revised as follows: At least 75% non-federal cost-share is required for costs incurred under this Agreement. Based on the budget estimate in the Grant Agreement, the estimated federal share of allowable costs is 19% ($23,926,952) and the estimated non-federal cost share is 81% ($102,607,761.94). Reimbursement of these costs will be at 25% up to the grant amount identified in the Grant Agreement. The federal share of allowable costs shall not be expended in advance of the Parties’ non-federal share. It is expected that expenditure of federal and non-federal funds based upon the estimated cost share percentages shall occur concurrently. At the end of the period of performance, if the final costs are lower than the original estimate and the 75% non-federal cost share is met, the final payment and financial report can reflect a lower cost share for the Parties than the original budget estimate. Documentation of cost must be submitted to Olivenhain for inclusion in the invoicing packet submitted to USBR. A change in the Project’s total costs may change the required cost share. 4.Amend Scope of Work. Section 4, “Scope of Work,” is revised as follows: In accordance with Section 5 of the Grant Agreement, Subrecipients shall complete the tasks shown below no later than the Planned Completion Date: Subrecipient Task Planned Completion Date Olivenhain a. Pipelines b. Service laterals c.Flow meter d. Pump station a.July 2023 b.July 2023 c.December 2022 d.September 2025 Carlsbad a. Storage tank b. Pipelines a. June 2025 b.December 2023 Escondido a. Treatment upgrades a. September 2025 Leucadia a. Pipeline a. November 2023 Oceanside a. Pipeline b. Storage tank c. Pump station a. June 2024 b. September 2025 c. September 2025 Rincon a. Pump stations a. September 2025 San Elijo a. Pipeline b. Service laterals c. Storage reservoir d. Pump stations a. September 2025 b.September 2025 c. September 2025 d. September 2025 Vallecitos a. Treatment a. September 2025 5.Amend Reporting Requirements. Section 7, “Reporting Requirements,” is revised as follows: For the term of this Agreement, the Parties must submit regular progress reports in accordance with Section 6.1.3 and Section 10 of the Grant Agreement. Subrecipients shall submit to Olivenhain semi-annual progress reports which shall accompany an invoice and all invoice backup documentation; Olivenhain will submit this information to USBR. A final performance report is required at the conclusion of the performance period. Subrecipients must provide reporting information to Olivenhain according to the following schedule: Report Due to Olivenhain Progress Report for April 1, 2023 through September 30, 2023 October 22, 2023 Progress Report for October 1, 2023 through March 31, 2024 April 22, 2024 Progress Report for April 1, 2024 through September 30, 2024 October 22, 2024 Progress Report for October 1, 2024 through March 31, 2025 April 22, 2025 Progress Report for April 1, 2025 through September 30, 2025 October 22, 2025 Final Report November 30, 2025 6.Amend Costs for Grant Administration and Compliance with the National Environmental Protection Act. Section 9, “Costs for Grant Administration and Compliance with the National Environmental Protection Act,” is revised as follows: On behalf of the Coalition, Olivenhain entered into an agreement in December 2021 with Woodard & Curran for administration of the grant; this agreement expired in 2023. On August 22, 2023, Olivenhain entered into a new agreement with Rincon Consultants on behalf of the Coalition to administer the grant. Cost sharing for grant administration support services provided by consultants and Olivenhain staff shall be based on the grant value received by each party which has been designated as 15.4% Olivenhain, 13.2% Carlsbad, 16.4% Escondido, 0.8% Leucadia, 26.4% Oceanside, 1.8% Rincon, 15.7% San Elijo, and 10.3% Vallecitos. The combined estimated value of Woodard & Curran and Rincon Consultants grant administration support agreements are $53,952.00 and the value of Olivenhain staff’s grant administration costs were identified in the April 2021 grant application as $20,562.00. The cost share is as follows: Olivenhain: $11,501.24 Carlsbad: $9,829.09 Escondido: $12,248.66 Leucadia: $600.00 Oceanside: $19,640.49 Rincon: $1,328.68 San Elijo: $11,697.26 Vallecitos: $7,668.58 Total: $74,514.00 The December 2021 agreement with Woodard & Curran and the August 2023 agreement with Rincon Consultants also retain each consultant, respectively, to work with USBR to achieve compliance with the National Environmental Protection Act. Estimated costs for NEPA compliance are not to exceed $120,852.00. NEPA compliance costs are to be divided evenly among the eight Parties ($15,106.50 each). Woodard & Curran and Rincon Consultants will bill Olivenhain for these services monthly, and Olivenhain will invoice Subrecipients. Olivenhain shall act as the administrator for the December 2021 agreement with Woodard & Curran and the August 2023 agreement with Rincon Consultants. Olivenhain shall have no obligation to advance funds to either Woodard & Curran or Rincon Consultants on behalf of the Parties if funds are not deposited in a timely manner with Olivenhain. Olivenhain will administer the grant administration support agreement as a convenience only and assumes no other responsibility under said contract on behalf of the other Parties. Olivenhain shall receive monthly reports from Woodard & Curran or Rincon Consultants and share them with the other Parties. All Parties may agree to meet with the consultant for consultation and reports as needed or requested. All Parties shall have the right to comment on all consultant invoices, payments to the consultant, and fund requests and request corrections thereto if necessary. 7.Original Agreement in Full Force and Effect. All other terms, covenants, and conditions in the Subrecipient Agreement shall remain in full force and effect and shall be applicable to this Amendment. 8.Effective Date. The effective date of this Amendment executed in counterparts within the North County Judicial District, County of San Diego, State of California, is September 13, 2023. [Signatures on next page] DATED: _______________ OLIVENHAIN MUNICIPAL WATER DISTRICT By: ________________________________ Kimberly A. Thorner, General Manager DATED: _______________ CARLSBAD MUNICIPAL WATER DISTRICT By: ________________________________ Vicki Quiram, General Manager DATED: _______________ CITY OF ESCONDIDO By: ________________________________ Angela Morrow, Director of Utilities DATED: _______________ LEUCADIA WASTEWATER DISTRICT By: ________________________________ Paul Bushee, General Manager DATED: _______________ CITY OF OCEANSIDE By: ________________________________ Lindsay Leahy, Water Utilities Director DATED: _______________ RINCON DEL DIABLO MUNICIPAL WATER DISTRICT By: ________________________________ Clint Baze, General Manager DATED: _______________ SAN ELIJO JOINT POWERS AUTHORITY By: ________________________________ Michael Thornton, General Manager DATED: _______________ VALLECITOS WATER DISTRICT By: ________________________________ James Gumpel, General Manager