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Home My WebLink About279-24 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 279-24 File Number: 2024-724 CLIMATE POLLUTION REDUCTION GRANT (SUB AWARD GRANT AGREEMENT): A RESOLUTION TO AUTHORIZE THE CITY OF FAYETTEVILLE TO ACCEPT AND ENTER INTO A SUB AWARD GRANT AGREEMENT WITH THE ARKANSAS TRI-REGION ENERGY AND ENVIRONMENT INNOVATION COALITION TO UTILIZE SUB AWARDED FUNDS FOR EPA CLIMATE POLLUTION REDUCTION GRANT PROJECT IMPLEMENTATION; AND FOR OTHER PURPOSES WHEREAS, the Arkansas Tri-Region Energy and Environment Innovation Coalition ("the Coalition") has received an implementation grant from the environmental Protection Agency through the federal Climate Pollution Reduction Grant ("CPRG") Program for projects related to the River Commons White River Trail; and WHEREAS, the following projects were included in the Coalition's CPRG grant proposal with the support of the City of Fayetteville: River Commons Floodplain, Prairie, and Riparian Restoration and Trail Construction; and Town Branch Corridor Stream and Riparian Restoration; and WHEREAS, the Coalition desires to subaward a total of $99,999,999.00 over five (5) years to the City of Fayetteville to perform CPRG implementation activities that include the River Commons Floodplain, Prairie, and Riparian Restoration and Trail Construction; Town Branch Corridor Stream and Riparian Restoration; University of Arkansas Oak Knoll Wetland, Prairie, Forest, Stream, and Riparian Restoration; University of Arkansas Oak Ridge Hillside Prairie and Forest Restoration and Trail Construction; and University of Arkansas AR Research & Tech Park Floodplain, Prairie, and Forest Restoration; and WHEREAS, the City of Fayetteville recognizes the importance of the multi -use trail for the health and well-being of its residents and is committed to enhancing residents' quality of life through sustainable environmental practices; and WHEREAS, the City Council supports the City of Fayetteville's partnership with the Coalition and the EPA's goal to assist states, local governments, tribes, and territories to develop and implement plans for reducing greenhouse gas emissions and other harmful air pollution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby agrees to receive and account for all sub - awarded funding and project expenses. Mayor Jordan is hereby authorized to execute all appropriate agreements and contracts necessary to implement the above stated projects. Section 2: Mayor Jordan is hereby authorized to direct all funding and staff time necessary to meet project deliverables as agreed upon with the Coalition. Page 1 Resolution: 279-24 File Number: 2024-724 Section 3: Severability Provision: If any part of this Resolution is held invalid, the remainder of this Resolution shall continue in effect as if such invalid portion never existed. Section 4: Repeal of Conflicting Resolutions: All resolutions or orders of the City Council of the City of Fayetteville, or parts of resolutions or orders of the City Council, in conflict with this Resolution are repealed to the extent of such conflict `�� 11 t ► ►►r Jar PASSED and APPROVED on November 19, 2024 = �':• 'r" FAYETTEVILLE ; Attest: S T' 'ANS ' TON U ;��. JJJIU11111,` Deputy City Clerk Page 2 Office of the City Clerk Treasurer Kara Paxton — City Clerk Treasurer Jackson Shelton — Senior Deputy City Clerk OF 4AYETTF 1 i 0 µM .. 4 RKAN SPS 113 W. Mountain Street, Suite 308 Fayetteville, Arkansas 72701 Phone: 479.575.8323 cityclerk@fayetteville-ar.gov Departmental Correspondence To: Lioneld Jordan, Mayor From: Kara Paxton, City Clerk Treasurer'��G CC: City Attorney Kit Williams, Senior Assistant Blake Pennington, Chief of Staff Susan Norton & Chief Financial Officer Paul Becker Date: November 8, 2024 RE: City Clerk Treasurer Kara Paxton — Out of Office due to Medical Procedure Mayor Lioneld Jordan, Due to a medical procedure, I will be unavailable to sign documents or attend meetings starting November 11th, 2024. 1 plan to be back in the office as of November 25th, 2024. Senior Deputy City Clerk Treasurer Jackson Shelton or Deputy City Clerk — Codifier Courtney Spohn will notify you should these dates change. The recommended recovery time for my medical procedure (Spinal Cord Stimulator Implant) ranges from 4 to 8 weeks. The surgeon stated that I must be off work for at least one week. The surgeon also encouraged me to utilize telework options in the weeks following the initial surgery week. He also stated that should I need to physically come to work, I need to park as close to the building as possible, no lifting/carrying heavy or large objects, and no sudden twisting or turning. In my absence, I authorize Senior Deputy City Clerk Treasurer Jackson Shelton to attest your (Mayor Lioneld Jordan) signature. Should an issue arise that Mr. Shelton is not available to sign within a 24- hour timeframe, I authorize Deputy City Clerk — Codifier Courtney Spohn to sign in our absence. As the official custodian of the City's seal, I authorize Mr. Shelton and Ms. Spohn to use the seal for official purposes only. Please direct city staff to route all Alcohol Permits to Mr. Shelton for review and electronic signature. Please notify the Accounting Department that check requests will be reviewed and signed by Ms. Spohn before being emailed to the Accounting Department. Ms. Spohn will also be responsible for approving purchase requests submitted November 11th — November 15th, 2024. Mr. Shelton and Ms. Spohn will go above and beyond to ensure that our office continues to support all our internal and external customers while I am out of office. Over the last 3 years Ms. Spohn has continuously demonstrated her professionalism and advanced skillset in her positions. Mr. Shelton has been with our office for almost 2 years now and has consistently impressed me by going above and beyond in his work duties. I am confident that Mr. Shelton and Ms. Spohn will successfully manage the office while I am out. M/10 CITY OF FAYETTEVILLE ARKANSAS MEETING OF NOVEMBER 19, 2024 CITY COUNCIL MEMO TO: Mayor Jordan and City Council THRU: Chris Brown, Public Works Director Susan Norton, Chief of Staff FROM: Matt Mihalevich, Active Transportation Manager SUBJECT: EPA Carbon Pollution Reduction Grant sub award resolution RECOMMENDATION: 2024-724 Staff recommends approval of a resolution authorizing Mayor Jordan to accept and enter into a sub award grant agreement with the Arkansas Tri-Region Energy and Environment Innovation Coalition to utilize sub awarded funds from EPA Climate Pollution Reduction Grant (CPRG) project implementation and for other purposes. Staff also recommends approval of the mayor to take all actions necessary to implement the grant, including executing grant documents and agreements with partners per grant requirements. BACKGROUND: On July 22, 2024, the Environmental Protection Agency (EPA) announced that the Tri-Region Arkansas CPRG Coalition was selected for a $99,999,999 Climate Pollution Reduction Grant (CPRG) award for its "Energy and Environment Innovation for the Natural State" proposal. This transformative grant will fund projects throughout Central Arkansas, Northwest Arkansas, and the Arkansas River Valley, representing half the Natural State's population. Metroplan served as the lead agency on the grant submittal, one of only 25 funded nationally by the Biden-Harris Administration's Investing in America agenda. The U.S. Environmental Protection Agency announced selected recipients of over $4.3 billion in Climate Pollution Reduction Grants to implement community -driven solutions that tackle the climate crisis, reduce air pollution, advance environmental justice, and accelerate America's clean energy transition. Northwest Arkansas is expected to receive $36.25 million of the $99,999,999 million Climate Pollution Reduction Grant (CPRG) awarded by the Environmental Protection Agency to the Arkansas Tri-Region Coalition to implement each region's Energy and Environment Innovation Priority Action Plan. The Northwest Arkansas Regional Planning Commission (NWARPC) coordinated regional partners to identify and develop 18 "Green Network" projects across ten (10) cities, and two (2) regional -serving programs to protect and restore natural cores and corridors and increase access to connected active transportation networks. The Fayetteville projects listed in the table below include the River Commons floodplain, prairie and riparian restoration and White River trail construction along with the Town Branch Corridor Riparian Restoration. Additional restoration projects will be completed by the University of Arkansas. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Northwest Arkansas Green Network Projects and Programs Site/Project Name Project Location Partnering Agencies River Commons Floodplain, Prairie, and Riparian Restoration and City of Fayetteville, Beaver Water District, Trail Construction ' Fayetteville, AR Watershed Conservation Resource Center City of Fayetteville, Watershed Conservation Town Branch Corridor Stream and Riparian Restoration Fayetteville, AR Resource Center University of Arkansas Oak Knoll Wetland, Prairie, Forest, Stream, University of Arkansas, Watershed and Riparian Restoration' Fayetteville, AR Conservation Resource Center University of Arkansas Oak Ridge Hillside Prairie and Forest University of Arkansas, Watershed Restoration and Trail Construction' Fayetteville, AR Conservation Resource Center University of Arkansas AR Research & Tech Park Floodplain, University of Arkansas, Watershed Prairie, and Forest Restoration' Fayetteville, AR Conservation Resource Center Project partners include the Watershed Conservation Resource Center (WCRC), City of Fayetteville (Fayetteville), Northwest Arkansas Land Trust (NWALT) and the Beaver Water District (BWD). The Watershed Conservation Resource Center (WCRC) will conduct land restoration and prairie restoration in the project areas. Fayetteville will be responsible for the design and construction of approximately 10,000 feet of trail along the White River. The NWALT will develop conservation easements. The River Commons project centers on a 200-acre parcel located along the West Fork of the White River (WFWR) in southeast Fayetteville and is owned by the Watershed Conservation Resource Center (WCRC), Beaver Water District, and City of Fayetteville (Fayetteville). The WCRC is responsible for stewardship and management of the property and development of public access. Purchased in 2023, the goals of the River Commons property are to 1) restore and preserve the floodplain and its unique habitats to improve and protect water quality in the Beaver Lake Watershed, which serves as the region's primary drinking water source and 2) create public access through trail connectivity to the natural area for the community. The project lies entirely within a federally designated Low -Income and Disadvantaged Community (LIDAC) census tract. The estimated combined carbon reduction and sequestration from this project is 41,552 metric tons during 2025-2050. At the River Commons, the WCRC will conduct land restoration, which consists of 102.8 acres of riparian, 34.9 acres of wetland, and 110.2 acres of prairie restoration in the project area. The land restoration and trail ties directly to the development of a riverside park and Combs Park, which is currently in the design phase. The park development and its connection to the River Commons will help to complete what will become a "Regional Water Trail or Blueway," that extends south to Brentwood and north to the White River at AR Highway 45. The Town Branch project will protect and restore 12,327 linear feet and 12 acres of the adjacent riparian zone of the Town Branch stream corridor in south Fayetteville. Town Branch drains into the West Fork of the White River and eventually drains to Beaver Lake. Both NWALT and WCRC will be the subrecipients of this project's grant funding. The Town Branch restoration runs through several park properties and will positively impact the City's Town Branch Trail corridor from Interstate 49 to the planned river park and access at Combs Park. DISCUSSION: The Tri-Region Energy and Environment Innovation Coalition through Metroplan has received the final CPRG grant agreement from the EPA and will provide sub award agreements to the partners by December 2024. While the subaward agreement language is being finalized, we have been asked to introduce the attached resolution to City Council authorizing a designated individual to: • Receive and account for all sub -awarded funding and project expenses; • Execute all appropriate agreements and contracts necessary to implement the project(s); and Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • Direct all funding and staff time necessary to meet project deliverables. The City of Fayetteville will be responsible for the following tasks: • Procure contractors for the design and construction of trail for the River Commons White River Trail. • Procure professional services to conduct assessment(s) to meet federal requirements for trail construction. • Coordinate with WCRC on implementation of city restoration measures • Provide reporting on projects to NWARPC and Metroplan BUDGET/STAFF IMPACT: Federal funding will go directly to the sub awardees and partners for the projects and there is no matching requirement. The City of Fayetteville will only be responsible for the $2,598,800 in Federal funding for the White River Trail design and construction and these funds will be recognized in the future when the project details are more developed. ATTACHMENTS: SRF (#3), Sub Award Resolution (#4), Fayetteville Budget (#5), NWA Green Network Project List (#6), River Commons Master Plan (#7), White River Greenway - Cost Estimate (#8) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas Y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2024-724 EPA Carbon Pollution Reduction Grant sub award resolution A RESOLUTION TO AUTHORIZE THE CITY OF FAYETTEVILLE TO ACCEPT AND ENTER INTO A SUB AWARD GRANT AGREEMENT WITH THE ARKANSAS TRI-REGION ENERGY AND ENVIRONMENT INNOVATION COALITION TO UTILIZE SUB AWARDED FUNDS FOR EPA CLIMATE POLLUTION REDUCTION GRANT PROJECT IMPLEMENTATION; AND FOR OTHER PURPOSES WHEREAS, the Arkansas Tri-Region Energy and Environment Innovation Coalition ("the Coalition") has received an implementation grant from the environmental Protection Agency through the federal Climate Pollution Reduction Grant ("CPRG") Program for projects related to the River Commons White River Trail; and WHEREAS, the following projects were included in the Coalition's CPRG grant proposal with the support of the City of Fayetteville: River Commons Floodplain, Prairie, and Riparian Restoration and Trail Construction; and Town Branch Corridor Stream and Riparian Restoration; and WHEREAS, the Coalition desires to subaward a total of $99,999,999.00 over five (5) years to the City of Fayetteville to perform CPRG implementation activities that include the River Commons Floodplain, Prairie, and Riparian Restoration and Trail Construction; Town Branch Corridor Stream and Riparian Restoration; University of Arkansas Oak Knoll Wetland, Prairie, Forest, Stream, and Riparian Restoration; University of Arkansas Oak Ridge Hillside Prairie and Forest Restoration and Trail Construction; and University of Arkansas AR Research & Tech Park Floodplain, Prairie, and Forest Restoration; and WHEREAS, the City of Fayetteville recognizes the importance of the multi -use trail for the health and well-being of its residents and is committed to enhancing residents' quality of life through sustainable environmental practices; and WHEREAS, the City Council supports the City of Fayetteville's partnership with the Coalition and the EPA's goal to assist states, local governments, tribes, and territories to develop and implement plans for reducing greenhouse gas emissions and other harmful air pollution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby agrees to receive and account for all sub -awarded funding and project expenses. Mayor Jordan is hereby authorized to Page 1 Resolution: 279-24 File Number: 2024-724 execute all appropriate agreements and contracts necessary to implement the above stated projects. Section 2: Mayor Jordan is hereby authorized to direct all funding and staff time necessary to meet project deliverables as agreed upon with the Coalition. Section 3: Severability Provision: If any part of this Resolution is held invalid, the remainder of this Resolution shall continue in effect as if such invalid portion never existed. Section 4: Repeal of Conflicting Resolutions: All resolutions or orders of the City Council of the City of Fayetteville, or parts of resolutions or orders of the City Council, in conflict with this Resolution are repealed to the extent of such conflict. Page 2 Matt Mihalevich Submitted By City of Fayetteville Staff Review Form 2024-724 Item ID November 19th, 2024 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 10/31/2024 ENGINEERING (621) Submitted Date Division / Department Action Recommendation: Staff recommends approval of a resolution authorizing Mayor Jordan to accept and enter into a sub award grant agreement with the Arkansas Tri-Region Energy and Environment Innovation Coalition to utilize sub awarded funds from EPA Climate Pollution Reduction Grant (CPRG) project implementation and for other purposes. Staff also recommends approval of the mayor to take all actions necessary to implement the grant, including executing grant documents and agreements with partners per grant requirements. N/A Account Number N/A Project Number Budgeted Item? No Does item have a direct cost? No Is a Budget Adjustment attached? No Budget Impact: Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget N/A Fund N/A Project Title V20221130 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: RESOLUTION NO. A RESOLUTION AUTHORIZING MAYOR LIONELD JORDAN TO ACCEPT AND ENTER INTO A SUBAWARD GRANT AGREEMENT WITH THE ARKANSAS TRI-REGION ENERGY AND ENVIRONMENT INNOVATION COALITION TO UTILIZE SUB AWARDED FUNDS FOR EPA CLIMATE POLLUTION REDUCTION GRANT ("CPRG") PROJECT IMPLEMENTATION; AND FOR OTHER PURPOSES. WHEREAS, the Arkansas Tri-Region Energy and Environment Innovation Coalition ("the Coalition") has received an implementation grant from the Environmental Protection Agency through the federal Climate Pollution Reduction Grant ("CPRG") Program for projects related to stream restoration and trail construction. WHEREAS, the following projects were included in the Coalition's CPRG grant proposal with the support of the City of Fayetteville: Town Branch corridor stream and riparian restoration and preservation, River Commons floodplain, prairie and riparian restoration, and the White River Trail Construction. WHEREAS, the Coalition desires to subaward a total of $2,598,800 over five (5) years to the City of Fayetteville to perform CPRG implementation activities that include the White River Trail Construction at River Commons. WHEREAS, the City of Fayetteville recognizes the importance of water quality and active transportation for the health and wellbeing of its residents and is committed to enhancing residents' quality of life through sustainable environmental practices; and WHEREAS, the City of Fayetteville City Council supports the City of Fayetteville partnership with the Coalition and the EPA's goal to assist states, local governments, tribes, and territories to develop and implement plans for reducing greenhouse gas emissions and other harmful air pollution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS, THAT: Section 1: The City of Fayetteville hereby agrees to receive and account for all sub -awarded funding and project expenses. The Mayor Lioneld Jordan is hereby authorized to execute all appropriate agreements and contracts necessary to implement the above stated projects; Section 2: The Mayor is hereby authorized to direct all funding and staff time necessary to meet project deliverables as agreed upon with the Coalition; Section 3: Severability Provision: If any part of this Resolution is held invalid, the remainder of this Resolution shall continue in effect as if such invalid portion never existed; and Section 4: Repeal of Conflicting Resolutions: All resolutions or orders of the Fayetteville City Council, or parts of resolutions or orders of the Fayetteville City Council in conflict with this Resolution are repealed to the extent of such conflict. RESOLVED this day of , 2024 APPROVED: Attest: Razorback Greenway Corridor Stream and Riparian Restoration Bella Vista, AR City of Bella Vista Razorback Greenway and Town Branch Corridor Forest and Riparian Bentonville, AR City of Bentonville Restoration River Commons Floodplain, Prairie, and Riparian Restoration, Preservation, Fayetteville, AR City of Fayetteville/ and Trail Construction Beaver Water Distict Town Branch Corridor Stream and Riparian Restoration and Preservation Fayetteville, AR City of Fayetteville University of Arkansas Oak Knoll Wetland, Prairie, Forest, Stream, and Fayetteville, AR University of Arkansas Riparian Restoration University of Arkansas Oak Ridge Hillside Prairie and Forest Restoration and Fayetteville, AR University of Arkansas Trail Construction University of Arkansas AR Research & Tech Park Floodplain, Prairie, and Fayetteville, AR University of Arkansas Forest Restoration Clear Creek -Johnson Park Riparian, Prairie, & Forest Restoration Johnson, AR City of Johnson Puppy Creek Stream and Wetland Restoration and Preservation Lowell, AR City of Lowell Prairie Grove Battlefield State Park Wetland, Prairie, and Riparian Restoration Prairie Grove, AR AR State Parks Osage/Blossom Way Creeks Stream and Wetland Restoration, Preservation, Rogers, AR City of Rogers and Trail Construction Lower Clear Creek Stream Restoration and Preservation Springdale, AR City of Springdale Spring Creek at The Greenway Forest, Stream and Riparian Restoration and Springdale, AR City of Springdale Preservation Spring Creek at Downtown Preservation Springdale, AR City of Springdale Spring Creek at Thunder Chicken Wetland, Stream and Riparian Restoration Springdale, AR City of Springdale and Preservation Willie George Park Wetland Restoration and Trail Construction Springdale, AR City of Springdale Springtown Reforestation Projects Springtown, AR NWALT West Fork White River Wetland, Prairie, Stream and Riparian Restoration and West Fork, AR City of West Fork PreservationRegionat-Serving Programs E-Bike Incentive Program Northwest AR NWA Trailblazers Workforce Training Programs Northwest AR WCRC/IRWP/AAEF WCRC 0% $ 574.425 $ 1,588 315 WCRC 0% $ 2,080,350 $ - 560 3,228 WCRC/ NWALT 100% $ 4,254,743 $ 4,254,743 11,616 348 WCRC/ NWALT 1000/a $ 5,230,516 $ 5,230,516 15,050 302 WCRC 1000/0 $ 1,425,770 $ 1,425,770 1,734 715 WCRC 100% $ 686,430 $ 686,430 474 1,259 WCRC 100% $ 290,950 $ 290,950 1,016 249 WCRC 0% $ 782.345 $ - 2,672 255 100% $ 1,684,980 $ 1,684.980 4,865 346 IRWP 0% $ 2.860,050 $ - 10,457 238 67% $ 7,077,292 $ 4,741,786 26,475 263 NWALT 550/a $ 1.597.000 $ 878,350 1,215 1,308 NWALT 100% $ 1,026,995 $ 1,026,995 2,594 393 NWALT 100% $ 57,500 $ 57,500 407 123 NWALT 0% $ 603,690 $ - 2,338 255 NWALT 0% $ 682,700 $ 2,443 276 NWALT 0% $ 191,475 $ 593 281 WCRC /NWALT 0% $ 808,910 $ 2,703 260 75% $ 3,500,000 $ 2,625,000 BWA 75% $ 833,879 $ 625,409 RegionalTotais00i r-- s VT i 5� . v" 1 Rver Camane m ) g o DecrePorse no <`ij 'F5 `'� d+' €' Acre Property C + o Master Plan F i N �� DRAFT vo.v4.:4 .. Y. '•� ,.F .. TV n b' & ®t CITY OF FAYETTEVILLE ARKANS ARKANSAS Vhite River Greenway - St. Paul Trail North to River Commons Drive September 20, 2024 10,152 Linear Feet of 12 foot wide Concrete Trail Conceptual Cost Estimate - Contractor Pricing based on Midtown Trail ITEM # DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST 1 Mobilization 1 L.S. $50,000.00 $ 50,000.00 2 Erosion Control 1 L.S. $25,000.00 $ 25,000.00 3 Clearing, Grubbing & Demolition 1 L.S. $150,000.00 $ 150,000.00 4 Undercut and Backfill with Select Fill (24" under trail) 10,528 CY $55.00 $ 579,040.00 5 4" Thick Concrete Trail (12' Wide) 11,280 S.Y. $80.00 $ 902,400.00 6 4" Class 7 Base (SB-2) 3,384 Ton $45.00 $ 152,280.00 7 B-Stone (Wet Sub grade Areas) 1,000 C.Y. $50.00 $ 50,000.00 8 Drainage Pipes 250 L.F. $200.00 $ 50,000.00 9 Precast Box Culvert (4' x 8') 2 L.S. $30,000.00 $ 60,000.00 16 4" Topsoil placement, seed and straw 20,000 S.Y. $3.50 $ 70,000.00 17 ISolid Slab Sod used only for slopes) 1,500 S.Y. $15.00 $ 22,500.00 Estimated Cost $2,111,220.00 10% Contingency $211,122.00 Design Fees $276,458.00 Total Estimated Cost $2,598,800.00 CPRG Award Amount $2,598,800.00 Metroplan, NWARPC, WCRC, NWALT&COF Carbon Pollution Reduction Grant Sub Recipient Agreement City of Fayetteville Staff Review Form 2024-0792 Item ID ARCHIVED N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Matt Mihalevich 12/12/2024 ENGINEERING (621) Submitted By Submitted Date Division/Department Action Recommendation: Staff requests approval of a Sub Recipient Agreement between Metroplan, Northwest Arkansas Regional Planning Commission,Watershed Conservation Resource Center, Northwest Arkansas Land Trust and the City of Fayetteville for implementation of public land restoration, stream restoration, land protection and trail construction associated with the Carbon Pollution Reduction Grant through the Environmental Protection Agency. Resolution 279-24 authorizes the mayor to execute all appropriate agreements and contracts necessary to implement the project. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget $ - Does item have a direct cost? No Item Cost $Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget $ - V20221130 Purchase Order Number: Previous Ordinance or Resolution# 279-24 Change Order Number: Approval Date: 12/20/2024 Original Contract Number: Comments: gpik- FAYETTEVILLE STAFF MEMO ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Chris Brown, Director of Public Works/City Engineer FROM: Matt Mihalevich, Active Transportation Manager DATE: 12/12/2024 SUBJECT: 2024-0792—Carbon Pollution Reduction Grant -Sub Recipient Agreement RECOMMENDATION: Staff requests approval of a Sub Recipient Agreement between Metroplan, Northwest Arkansas Regional Planning Commission, Watershed Conservation Resource Center, Northwest Arkansas Land Trust and the City of Fayetteville for implementation of public land restoration, stream restoration, land protection and trail construction associated with the Carbon Pollution Reduction Grant through the Environmental Protection Agency. Resolution 279-24 authorizes the mayor to execute all appropriate agreements and contracts necessary to implement the project. BACKGROUND: On July 22, 2024, the Environmental Protection Agency (EPA) announced that the Tri-Region Arkansas CPRG Coalition was selected for a $99,999,999 Climate Pollution Reduction Grant (CPRG) award for its "Energy and Environment Innovation for the Natural State" proposal. Northwest Arkansas is expected to receive $36.25 million of the $99,999,999 million in CPRG funding awarded by the Environmental Protection Agency to the Arkansas Tri-Region Coalition to implement each region's Energy and Environment Innovation Priority Action Plan. The Fayetteville projects listed in the table below include the River Commons floodplain, prairie and riparian restoration and White River trail construction along with the Town Branch Corridor Riparian Restoration. Additional restoration projects will be completed by the University of Arkansas. Northwest Arkansas Green Network Projects and Programs Site/Project Name Project Location Partnering Agencies River Commons Floodplain,Prairie,and Riparian Restoration and City of Fayetteville,Beaver Water District, Trail Construction' Fayetteville,AR Watershed Conservation Resource Center City of Fayetteville,Watershed Conservation Town Branch Corridor Stream and Riparian Restoration Fayetteville,AR Resource Center University of Arkansas Oak Knoll Wetland,Prairie,Forest,Stream, University of Arkansas,Watershed and Riparian Restoration' Fayetteville,AR Conservation Resource Center University of Arkansas Oak Ridge Hillside Prairie and Forest University of Arkansas,Watershed Restoration and Trail Construction' Fayetteville,AR Conservation Resource Center University of Arkansas AR Research&Tech Park Floodplain, University of Arkansas,Watershed Prairie,and Forest Restoration* Fayetteville,AR Conservation Resource Center Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Project partners include the Watershed Conservation Resource Center(WCRC), City of Fayetteville (Fayetteville), Northwest Arkansas Land Trust (NWALT) and the Beaver Water District(BWD). The Watershed Conservation Resource Center (WCRC) will conduct land restoration and prairie restoration in the project areas. The NWALT will develop conservation easements. Fayetteville will be responsible for the design and construction of approximately 10,000 feet of trail along the White River. DISCUSSION: The Tri-Region Energy and Environment Innovation Coalition through Metroplan has received the final CPRG grant agreement from the EPA and has provided the attached sub recipient agreement ready for signature. The City of Fayetteville will be responsible for the following tasks: • Procure contractors for the design and construction of trail for the River Commons White River Trail. • Procure professional services to conduct assessment(s) to meet federal requirements for trail construction. • Coordinate with WCRC on implementation of city restoration measures • Provide reporting on projects to NWARPC and Metroplan BUDGET/STAFF IMPACT: Federal funding will go directly to the sub awardees and partners for the projects and there is no matching requirement. The City of Fayetteville will only be responsible for the $2,598,800 in Federal funding for the White River Trail design and construction and these funds will be recognized in the future when the project details are more developed. Attachments: Sub Recipient Agreement Resolution 279-24 2 1 SUBRECIPIENT AGREEMENT River Commons Between Metroplan and Northwest Arkansas Regional Planning Commission and Watershed Conservation Resource Center and Northwest Arkansas Land Trust and The City of Fayetteville,AR, Subrecipient#CPRG-NWA-008 ENVIRONMENTAL PROTECTION AGENCY CLIMATE POLLUTION REDUCTION GRANT This Subrecipient Agreement ("Agreement") is entered into on this 23 day of December 2024 between Metroplan(the"Pass-through Entity"or"Metroplan"),the Northwest Arkansas Regional Planning Commission ("NWARPC"), and Watershed Conservation Resource Center ("WCRC") Northwest Arkansas Land Trust("NWALT"),and the City of Fayetteville (the"City" and,together in partnership with WCRC and NWALT,collectively the"Subrecipient"). Relative to Implementation of public land restoration, stream restoration, land protection, and trail construction as described in Attachment A: Scope of Work/Deliverables attached hereto (hereafter referred to separately as a"Project" and, collectively, as the"Projects"). Recitals WHEREAS, Metroplan is the recipient of a United States Environmental Protection Agency (EPA) award entitled the Climate Pollution Reduction Grant (CPRG), which EPA provided for the planning and development of ambitious climate action and air pollution reduction plans and to implement measures from those plans, and for which the Subrecipient's match is 0%; and WHEREAS,the projects to be implemented pursuant to the terms of this Agreement were recommended by the Northwest Arkansas Regional Planning Commission (NWARPC) and applied for by the Arkansas Energy and Environment Innovation Tri-Region Coalition, which is comprised of Metroplan, NWARPC, and the City of Fort Smith; and WHEREAS, the Subrecipient has agreed to complete the Projects in accordance with this Agreement; and WHEREAS, the Subrecipient hereto accepts the specific responsibilities listed in Subrecipient's Initials: 59P- 2 this Agreement to ensure the funding and completion of the Project;and WHEREAS, the Subrecipient has obtained all necessary approvals and authorizations to execute, deliver and perform this Agreement and to implement and complete the Projects; and WHEREAS,Metroplan will serve as the Pass-through Entity(grant administrator) for the federal dollars provided by CPRG funds and will report the progress and budget narrative to the CPRG Project Office; and WHEREAS,the Subrecipient has no knowledge of any legal impediments to the completion of the Projects. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, Metroplan and the Subrecipient agree as follows: AGREEMENT Section 1. General Information Section 2. Federal Requirements Section 3. Pass-through Entity Requirements Section 4. Subrecipient Requirements Section 5. Lead Agency and Project Manager Requirements Section 6. Right-of-Way and Land Protection Requirements Section 7. Land Restoration or Stream Restoration Requirements Section 8. Trail Construction Requirements Section 9. Metroplan Responsibilities Section 10. NWARPC Responsibilities SIGNATURES ADDENDA Attachment A. Scope of Work/Deliverables Attachment B. Approved Budget Attachment C. Monitoring Plan Attachment D. Flow Down Provisions Attachment E. ACORN Memo Attachment F. ACORN Declaration Attachment G. Equal Employment Opportunity Certification Form Attachment H. Certification Regarding Lobbying Attachment I. Certification Regarding Debarment, Suspension,and Other Responsibility Matters Attachment J. Lead Agency Form (LPA-005) Attachment K. EPA Grant Agreement(02F75801) Subrecipient's Initials: 3 Section 1. General Information (see § 200.332) 1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE (UGG) 2 CFR§200.332: a) Subrecipient Name(must match the name associated with its Unique Entity Identifier): City of Fayetteville,Arkansas in partnership with WCRC and NWALT b)Subrecipient's Unique Entity Identifier(formerly known as DUNS number): City UEI:_FKCQRMDULFH9 WCRC UEI: XZ1LGWGULGJ6 NWALT UEI: C8FNPE761J78 c) Federal Award Identification Number(FAIN): 02F75801 d)EPAAward Date: October 16, 2024 e) Subaward Period of Performance Start and End Date: Subaward period of performance shall begin on January 15, 2021 December 23, 2024 and end on August 31, 2029. f) Total Amount of Federal Funds Obligated Under the Initial Subaward: $4,254,743.00 g)Total Amount of Federal Funds Obligated to the Subrecipient: $4,254,743.00 h)Name of Federal Awarding Agency and Contact Information: U.S.EPA, Region 6, Grants Management Section ATTN: Silvana Palacios-Guberti,EPA Project Officer 1201 Elm Street, Suite 500,ARDPM Dallas, TX 75270-2102 Telephone: (800) 887-6063 Website: https://www.epa.gov/ Contact Information for Metroplan: Metroplan/Casey Covington ATTN: Leesa Freasier 501 W Markham, Ste B Little Rock,AR 72201-1409 Telephone: (501)372-3300 Website: https://metroplan.org/ Subrecipient's Initials: 3 7 4 Contact Information for the Subrecipient: WCRC ATTN: Sandi Formica Address: 380 W Rock St, Fayetteville, 72701 Telephone: (479)444-1916 Website: www.watershedconservation.org i)Assistance Listings Number(formerly known as the CFDA#) and Title: #66.046—Climate Pollution Reduction Grants See https://sam.gov/fat/6ccff3d73583450ba88ecef4bee21212/view j) This subaward is a program grant and not for Research and Development. k)Indirect Cost Rate: The subrecipient's indirect cost rate based on a Federally Negotiated Indirect Rate Agreement is 43.7% Section 2.Federal Law and Compliance Requirements COMPLIANCE WITH APPLICABLE LAWS: The Subrecipient shall perform all activities funded by this Agreement in accordance with all applicable federal, state, and local laws, including without limitation laws which regulate the use of funds allocated under EPA Region 6 Federal Award Identification Number(FAIN) 02F75801. The term "federal, state, and local laws"as used in this Agreement shall mean all applicable statutes,rules,regulations,executive orders, directives, or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the Agreement Term. The term"federal,state, and local laws"shall include,without limitation: a. Federal Requirements: i. Authorizing Program Statute. This grant was created by Section 60114 of the Inflation Reduction Act, Climate Pollution Reduction Grants, 42 U.S. Code § 7437 (or Public Law 117-169, title VI,Aug. 16, 2022, 136 Stat. 2076), which amended the Clean Air Act(CAA)by creating Section 137 for Greenhouse Gas Air Pollution Plans and Implementation Grants; and ii. EPA General Terms and Conditions. The current Environmental Protection Agency (EPA) General Terms and Conditions available at: https://www.epa.gov/system/fi les/documents/2024- 10/fy 2025 epa general terms and conditions effective october 1 2024 o r later.pdf;and These terms and conditions are in addition to the assurances and certifications made as part of the award and the terms, conditions, or restrictions cited throughout the award; and Subrecipient's Initials: 37- 5 The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/grant-terms-and-conditions#general; and Program guidance is available at: https://www.epa.gov/inflation-reduction- act/c l imate-pol lution-reduct i on-grants. iii. Federal regulations applicable to this award include, without limitation, the following: a. Uniform Administrative Requirements ("UGG"). Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, other than such provisions as EPA may determine are inapplicable to this Award including adherence to the accounting principles and procedures required therein,use adequate internal controls,and maintain necessary source documentation for all costs incurred. b. Audits. In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, Subrecipient shall comply with all audit requirements for non-federal entities that expend federal awards unless and to the extent of any applicable exemption. The Subrecipient is responsible for resolving audit findings and implementing necessary corrective action specifically related to the subaward,and for promptly delivering to Metroplan all information and certifications necessary for Metroplan's compliance with 2 CFR§200.332(e)(4).The Subrecipient will report to Metroplan the corrective action taken to resolve any findings of all audits.Metroplan will send corrective action to be taken to EPA for approval (see https://www.ecfr.gov/currentltitle-2/subtitle- A/chapter-11/part-200/subpart-F). c. Conflicts of Interest. The Subrecipient must maintain a conflict of interest policy consistent with 2 CFR§200.318(c)and such conflict of interest policy shall apply to each activity funded under this award. Subrecipients must disclose in writing to Metroplan, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 CFR § 200.112. Section 3. Pass-through Requirements (see 2 CFR § 200.332) All parties agree: 1. Term. Subject to the United States Environmental Protection Agency, Region 6,Air and Radiation Division, approval and the provisions for terminations as hereinafter provided, the term of this Agreement shall commence on December 1, 2024, and end on August 31, 2029, unless the period is extended by notification or by modification of this Agreement, through mutual agreement of the parties and federal agency approval. Subrecipient's Initials: 39 6 2. Benefit. Subrecipient and Metroplan agree, unless specifically stated otherwise, that the provisions of this Agreement are not intended to create or confer a third-party benefit or right on any person or entity, not a party to this Agreement. 3. Administrative Considerations. Where policies of the Subrecipient differ from those of Metroplan, such as travel reimbursement, fringe benefits, indirect costs, etc., the policies of the Subrecipient shall be applicable to cost incurrences under the Agreement provided such policies comply with awarding agency regulations. 4. Compensation. This subaward agreement utilizes the cost reimbursement method of payment unless provisions are specifically outlined in this Agreement for advanced payment. The amount of the subaward is $4,254,743.00 The Subrecipient may invoice at most monthly and shall invoice at least once every three months. Invoices will state the period for which reimbursement is being requested and will itemize the cost by budget category per the budget summary (see Attachment B)Any cost over $4,254,743.00 be the sole responsibility of the Subrecipient at 100% Subrecipient's cost.All deliverables and reports defined in Attachment A: Scope of Work/Deliverables and Attachment B: Budget are to be submitted to Metroplan for the compensation defined herein. The Subrecipient shall not be entitled to receive any additional or separate compensation from Metroplan in connection with the project without prior approval of Metroplan, followed by an amendment submitted to Metroplan approved by the Federal Awarding Agency. Any unspent funds will be reallocated by NWARPC and Metroplan. The Subrecipient agrees to complete a W-9 form and Direct Deposit Authorization form and submit to Metroplan. 5. Relationship of Parties. The parties are independent, and neither party is the agent,joint venturer, partner, or employer of the other. 6. Monitoring Plan and Reporting.The Subrecipient will ensure that the subaward is used for authorized purposes,in compliance with federal statutes,regulations,and the terms and conditions of the subaward;and that subaward performance goals are achieved,as required by 2 CFR § 200.332(e). Metroplan will monitor program and financial performance in accordance with 2 CFR§200.332(e)through the adherence to a Monitoring Plan,included in the Addenda as Attachment C: Monitoring Plan. The Monitoring Plan will identify any failures in the administration and performance of the award and will also serve to identify whether the Subrecipient needs technical assistance.Metroplan may conduct on-site visits, follow-up, document and/or desk reviews, third-party evaluations, virtual monitoring, technical assistance, and informal monitoring such as email and telephone interviews.The Subrecipient shall promptly deliver to Metroplan all information and certifications necessary for Metroplan's compliance with 2 CFR§200.332(e).For reporting,the uniform guidance requires that Metroplan and the Subrecipient collect environmental information as approved in the project's Quality Assurance Project Plan (QAPP) and use OMB- approved government-wide standard information collections when providing performance information and data in reports. Performance measures for the Project's expected outputs and outcomes are included in Attachment C:Monitoring Plan. 7. Audit Costs.All Parties that are subject to the single audit requirement (§ 200.332) shall bear the cost of their single audit.The Subrecipient shall be responsible for payment of any Subrecipient's Initials: (/ 7 and all audit exceptions related to the work performed under this Agreement which are identified by the audit agency. For subrecipients that are not eligible for a single audit, Metroplan may conduct an agreed upon monitoring as an audit strategy. The cost of the agreed upon monitoring will be charged to the Metroplan award. Notwithstanding any other condition of the Agreement,the cooperative audit resolution process may be applied, as appropriate. 8. Access to Records.The books and records of all Parties must be made available,if needed and upon request,at the Parties'regular place of business,for audit by personnel authorized by the government. This includes inspections and audits by Metroplan, the Comptroller General of the United States, the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year.The Federal Awarding Agency and/or Pass- through Entity has the right to return to audit the program after closeout at any time during the record retention period and as long as the records are retained, to conduct recovery audits including the recovery of funds, as appropriate (§ 200.337(c)). 9. Record Retention. All Parties shall retain all records pertinent to program activities and financial expenditures incurred under this Agreement for a period of three years after the date of submission of the final expenditure report under this award (§ 200.334). Notwithstanding the above, if there are litigation, claims, audits, negotiations, written notification from the federal program or cognizant agencies or the Pass-through Entity, or other actions that involve any of the records cited and that have started before the expiration of the three-year period,then such records must be retained until completion of the actions and resolutions of all issues (§ 200.334(a)), or the expiration of the three-year period, whichever occurs later. 10. Risk Assessments, Specific Conditions and Remedies. Metroplan has conducted a risk assessment as required by 2 CFR § 200.332(c)and determined the Subrecipient's level of risk as low.Risk assessments may be repeated throughout the project period after scheduled reports, audits, unanticipated issues, or other adverse circumstances that may arise. In the event of noncompliance or failure to perform, Metroplan has the authority to implement specific conditions and apply appropriate remedies as authorized under 2 CFR § 200.339, including but not limited to:temporarily withholding payments,disallowances, suspension or termination of the federal award, suspension of other federal awards received by the Subrecipient, debarment, withholding further funds or other available remedies. 11. Copyright/Intellectual Property. Metroplan will possess the entire and the Subrecipient will possess shared copyright,title,and interest in all materials, inventions,or deliverables produced as a result of this subaward, including use of logos, as appropriate.As a general principle, subject to the rights of the federal government and with respect to any subject, invention, material, or deliverable in which the Pass-through Entity and the Subrecipient retain title resulting from this subaward,the federal government shall have a nonexclusive, nontransferable, irrevocable paid-up license to practice or have practiced for or on behalf of the United States the subject invention, material, or deliverable throughout the world. Metroplan and the Subrecipient will credit the Federal Awarding Agency on any materials, inventions or deliverables produced under the federal award and subaward. Subrecipient's Initials: 8 12.Termination. a. This Agreement may be terminated at any time by either party,upon giving 30 days written notice to the non-terminating party. Metroplan reserves the right to cancel any Project without liability against Metroplan for any reason including, but not limited to, unreasonable delay or lack of progress, the Subrecipient's inability to provide an audit-worthy reason for the substantial delay in the Project development or completion process, or the Subrecipient's unresponsiveness to Metroplan's requests. b. PERFORMANCE DEFICIENCIES: Metroplan may terminate this Agreement for the Subrecipient's failure to perform required actions or failure to submit acceptable deliverables as required herein. In the event Metroplan provides notice of deficiency under this Agreement, Subrecipient will have fourteen(14)days to cure identified deficiencies prior to termination. c. REPAYMENT OF GRANT FUNDS: Once notified of termination by Metroplan, Subrecipient will immediately return all unexpended funds to Metroplan. Metroplan may require additional information regarding previously expended funds including a justification of use of funds for inadequate or insufficient deliverables. Should Subrecipient fail to complete any Project in accordance with Agreement or fail to adequately maintain or operate a Project until at least 2030, Metroplan and EPA may request return of any allocated funds from the applicable Project that has failed to comply with the terms of this Agreement. d. NON-APPROPRIATION CLAUSE: This Agreement will be automatically terminated in the event that funds under FAIN 02F75801 are discontinued by the Federal Awarding Agency for any reason. Such termination will take effect upon receipt of written notice to the Subrecipient from Metroplan. If there is a need to settle on an early termination,partial payment up to the termination date would be determined by incurrence of allowable cost and available CPRG funds,upon review of the Subrecipient's records. This provision shall not be construed to abridge any other right of termination Metroplan may have. 13.Notice.Any notice required or deemed desirable to be given, shall be in writing and shall be delivered personally or sent by certified or registered mail, postage prepaid to the following addresses: If to Metroplan: Casey Covington 501 W Markham Suite B, Little Rock,AR 72201 ccovington@metroplan.org (501)372-3300 Secondary Metroplan: Leesa Freasier 501 W Markham Suite B,Little Rock,AR 72201 Ifreasier@metroplan.org (501) 372-3300 Subrecipient's Initials: c57- 9 If to Subrecipient: Sandi Formica 380 W. Rock St.,Fayetteville,AR 72701 www.watershedconservation.org (479)444-1916 14. Liability to Others. The Subrecipient agrees that it will be responsible to defend, and if valid, to satisfy claims against the Subrecipient, which result from the Subrecipient's performance of or failure to perform its duties under this Agreement, and subaward. 15. Non-Exclusive Jurisdiction. All disputes and claims relating to any provision of the Agreement or any covenant, representation, or warranty of either party, or the alleged breach thereof(including without limitation any claim that this Agreement or any provision thereof is illegal or is otherwise unenforceable or voidable under law)shall be settled by a court of competent jurisdiction located in Pulaski County,Arkansas. 16.Entire Agreement.This Agreement,including all attachments,contains the sole and entire agreement and understanding of the parties with respect to the subject matter hereof.Any and all prior discussions,negotiation, commitments and understanding relating thereto are hereby merged herein. This Agreement may be changed or modified only by writing and signed by the parties hereto, subject to the policies and approvals of Metroplan and the Federal Awarding Agency. 17. Governing Law. This Agreement, the relations, rights, and duties of the parties among themselves, and matters pertaining to them in this Agreement, shall be governed by and construed in accordance with the laws of the State of Arkansas. 18.Indirect Cost Rate) (see 2 CFR 200.414 and 200.1)The Subrecipient may apply indirect costs to its Modified Total Direct Cost(MTDC),which means all direct salary and wages, applicable fridge benefits, materials and supplies, services, travel, and up to the first $50,000.00 of each subaward. The Subrecipient will supply Metroplan with documentation of their established and approved indirect cost rate. 19. Closeout (see § 200.332(b)(6)). Metroplan will determine whether all applicable administrative actions and all required work have been completed by the subrecipient at the end of the period of performance.If the Subrecipient fails to complete the requirements, the Federal Awarding Agency or Pass-Through Entity will proceed to closeout the award with the information available (§ 200.344). Metroplan will note if closeout relates to the end of a 12-month period and termination of subaward,or if the closeout relates to the end of a 12-month period and preparation for an upcoming continuation period. Metroplan must describe requirements for liquidation of financial obligations if the award is ending, or identification of carry-over of funds, if needed, to the next award period (§ 200.344(b)). Metroplan must include completion of any other required closeout activities, such as submission of deliverables, payments, if any, due to the Subrecipient from the Pass- through Entity, attribution to the federal agency and/or copyright or patent rights, and any accounting of real or personal property (§ 200.344(d)through(h)). Subrecipient's Initials: 5 (/ 10 Section 4. Subrecipient Requirements 1. Flow Down Provisions. The Subrecipient agrees to comply with all statutory, regulatory, and Executive Order requirements that apply to EPA funded projects per 2 CFR 200.332(b)(2). Requirements that flow down to Subrecipients are attached hereto as Attachment D, all of which are incorporated into this Agreement by reference. 2. Use of Funds. The Subrecipient agrees that the CPRG funds distributed to Subrecipient have been awarded specifically for completion of the Projects as required herein, not for Subrecipient to utilize until expended. 3. Responsibilities. The Subrecipient agrees to furnish the necessary resources, staff time, materials, services, and otherwise to do all things necessary for the performance of the work described in Scope of Work/Deliverables,which is incorporated into the Agreement as Attachment A, along with the Budget required for that performance, which is incorporated into the Agreement as Attachment B. 5. Assurances. The Subrecipient agrees to follow applicable EPA Standard Assurances that can be found at EPA's Guidance for Preparing Standard Operating Procedures and SF 424D:Assurances for Construction Programs and agrees to complete, execute, and deliver such document to Metroplan. 6. Reimbursement Requests. Reimbursement requests shall be submitted, at minimum, every three(3)months but not more than once per month. 7. Reporting. Subrecipient agrees to provide to the Lead Agency a monthly written status report regarding each Project. Lead Agency will determine due dates for report submittal. In accordance with the Federal Funding Accountability and Transparency Act(FFATA), if the award is subject to FFATA Subaward and Executive Compensation Reporting Requirements,then the terms and conditions of that award must link to the Operating Divisions'(OPDIV)website that houses the full text or include the full text of the reporting requirements. 8. Measurement and Verification. The Subrecipient accepts responsibility for the inspection, measurement, and documentation of pay items, and certification of all work in accordance with the plans and specifications for each Project and for monitoring the Subrecipient's general contractors and subcontractor(s)for compliance with the provisions of EPA-CPRG Required Contract Provisions, Federal Construction Contracts, and Supplements. 9. Rebudgeting and Prior Approvals.The Subrecipient is permitted to rebudget direct costs, if necessary, as described in the uniform guidance (§ 200.308) to better reflect spending requirements, subject to Metroplan written approval, and subject to the Federal Awarding Agency's policy and the uniform grant guidance that would define requirements for prior written approval(§ 200.407)before implementation. 10. Responsibility for Project Costs.The Subrecipient accepts responsibility for 100%of its suballocated Project costs incurred,a)should any Project not be completed as specified;b) should any Project be declared non-participating in federal funds,including any such award by the State Claims Commission; or c) should Subrecipient be determined ineligible by EPA. Subrecipient's Initials: 37 11 11.Project Activities. Subrecipient accepts responsibility for performing Project activities in accordance with the provided services which include environmental documentation and permitting,preliminary engineering, and inspection for the Projects. If the Subrecipient uses a consultant for any of these services, Subrecipient must notify Metroplan before any work is performed. 12.Budget and Planning. Subrecipient accepts responsibility for preparing and approving plans, cost estimates, and invoices, and making payments for each Project. 13.Permits. Subrecipient agrees to prepare the necessary environmental documentation and obtain all necessary permits as required by EPA and conduct any required public involvement meetings and public hearings. 14. Planning Requirements. Subrecipient agrees to ensure that the plans and specifications for each Project are developed consistent with federal, state, and local law and ensure that the plans and specifications comply with the American with Disabilities Act(ADA)and all other applicable federal, state,and local regulations, including airport clearance,when necessary, for the type of work involved. 15.Maintenance and Operation. The Subrecipient accepts responsibility for satisfactory maintenance and operation of all land and stream restoration and preservation project improvements. The City of Fayetteville accepts responsibility for satisfactory maintenance and operation of all trail construction and improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate any Project in accordance with EPA-CRPG requirements may result in the Subrecipient and/or City of Fayetteville being required to repay federal funds. The Subrecipient agrees to retain total,direct control over the land and stream restoration and preservation projects and City of Fayetteville agrees to retain total, direct control over the trail facility throughout the life of project improvements until at least 2050 and not, without prior approval from the EPA: a) sell,transfer, or otherwise abandon any portion of a Project;b)change the intended use of a Project; c)make significant alterations to any Project improvements constructed with EPA-CPRG funds; or d) cease maintenance or operation of a Project due to obsolescence. 16.Disclosure of Information.Any confidential or personally identifiable information (PII) acquired by the Subrecipient during the course of the subaward shall not be disclosed by the Subrecipient to any person,firm,corporation,association,or other entity for any reason or purpose whatsoever without the prior written consent of Metroplan, either during the term of the Agreement or in the event of termination of the Agreement for any reasons whatsoever. The Subrecipient agrees to abide by applicable federal regulations regarding confidential information and research standards, as appropriate, for federal supported projects. 17. Management Fees. Subrecipient is prohibited from using funds allocated through CPRG for paying management fees, as referenced in Attachment D. 18. UEI and SAM Registration. Subrecipient agrees to provide Metroplan and EPA with its Unique Entity Identifier(UEI)and agrees to maintain current registrations in the System for Award Management(SAM)(www.sam.gov)at all times during which it has active federal awards funded. Subrecipient's Initials: 5 P 12 19.ACORN.Memorandum M-10-02 (Attachment E)guides the use of federal funds regarding the Association of Community Organizations for Reform Now(ACORN). Attachment F is an ACORN Funding Declaration. Subrecipient shall complete the bottom section of the declaration and return it to Metroplan with this signed Agreement. 20. Negligence, Misconduct, or Acts of Omission. The Subrecipient agrees that any and all claims for damages to property or injury or death to persons caused by any act of omission, negligence, or misconduct from the performance of work by Subrecipient's employees and/or its contractors on the Projects shall be the sole responsibility of the Subrecipient or the applicable contractor(s), as the case may be, and that Metroplan shall have no liability whatsoever for any such claims.In this regard the Subrecipient shall require any contractor and subcontractors on the Projects to procure and maintain a policy or policies of commercial general liability insurance during the duration of the Projects, which shall be endorsed to include broad form general liability and completed operations coverage in forms and amounts reasonably acceptable to Metroplan and which name Metroplan and Subrecipient as additional insureds. The contractors and subcontractors shall furnish Subrecipient and Metroplan with documentation of proof of liability insurance coverage as required hereunder with submission of a signed contract and thereafter at least annually (within thirty (30) days prior to expiration of the applicable policy). The Subrecipient agrees that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of Subrecipient or its employees, agents, or contractors in the performance of the Projects and this Agreement are obligations of Subrecipient or its contractors, as applicable. Further, Subrecipient agrees that Metroplan, as the Pass-through Entity, has no duty or responsibility for the design, construction, maintenance, or operation of the Projects, and therefore shall have no liability related to the design, construction, maintenance, or operation of the Projects. Subrecipient also agrees to assume all risks associated with the Project work to be performed by its agents, employees, and contractors under this Agreement and that Metroplan,as the Pass-through Entity,shall not be responsible or liable for any damages whatsoever from the actions or inactions of Subrecipient, its employees, agents, and contractors. Nothing set forth herein shall be construed as waiving any statutory immunity of Subrecipient. The Subrecipient agrees that such actions or inactions shall include, but are not limited to, federal non-participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The Subrecipient understands and agrees that Metroplan may cause necessary funds to be withheld from the EPA-CPRG subaward if Subrecipient fails to complete any Project as specified or fails to adequately maintain or operate any Project. 21. Nondiscrimination. The Subrecipient agrees to assure that its policies and practices with regard to its employees,any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964,the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), and Nondiscrimination in Federally- Subrecipient's Initials: 5 (/ 13 Assisted Programs of the Department of Transportation. The Subrecipient shall complete and submit to Metroplan an Equal Employment Opportunity Certification Form (Attachment G). 22. Standards of Work. The Subrecipient agrees to implement the subaward and perform pursuant to the requirements of the Agreement in a manner consistent with that level of care and skill ordinarily exercised by subrecipients currently practicing under similar conditions,particularly in reference to restricted or sponsored programs.The Subrecipient understands that this Agreement is being issued under a federal award, FAIN 02F75801, Program Code 5E, for the Project to be implemented by Metroplan. The Subrecipient agrees to be bound and abide by all applicable regulations contained herein,with regard to federal assurances and certifications including lobbying and debarment. 23.Lobbying. Subrecipients shall complete and submit to Metroplan a Certification Regarding Lobbying Form (Attachment H). 24.Debarment. Subrecipients shall complete and submit to Metroplan a Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Attachment I). Section 5. Lead Agency and Project Manager Requirements Lead Agency: WCRC 1. Project Manager. The Subrecipient acting as Lead Agency agrees to notify Metroplan in writing who Subrecipient designates as its full-time employee to act as Project Manager to be in responsible charge of the day-to-day oversight of the Projects (Attachment J: Form LPA-005). If the designated full-time employee changes, the Subrecipient must promptly notify Metroplan by resubmitting Form LPA-005 for the newly designated Project Manager.The duties and functions of the employee in responsible charge are: a. Oversee Project activities, including those dealing with cost, time, adherence to contract requirements,construction quality and scope of the Projects; b. Maintain familiarity of day-to-day Project operations, including Project safety issues; c. Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; d. During construction, visit and review the Projects on a daily basis; e. Review financial processes, transactions, and documentation to ensure that safeguards are in place to minimize fraud,waste, and abuse; f. Direct Project staff or consultant to carry out Project administration and contract oversight, including proper documentation; and g. Be aware of the qualifications,assignments,and on-the-job performance of Project and consultant staff at all stages of the Projects. 2. Reporting.Lead Agency agrees to provide a monthly written status report to Metroplan regarding each Project.These monthly status reports are due at the end date of each month. If this date falls on a holiday or weekend,the reports are due the day before the holiday or weekend.After each quarter of the calendar year, the Lead Agency agrees to Subrecipient's Initials: 37- 14 complete and submit to Metroplan a quarterly status report using the Metroplan template. This report will be due on the 15th of the month immediately following the end of each quarter. Section 6. Right-of-Way and Land Protection Requirements Responsible Subrecipient: NWALT 1. Subrecipient agrees to acquire any property required for a Project in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(commonly referred to as the"Uniform Act"). 2. Subrecipient agrees to ensure the preparation of right-of-way plans are completed in accordance with applicable state, federal and local regulations. 3. Subrecipient shall be responsible for all non-reimbursable costs associated with the relocation of any utility lines and/or utility facilities. 4. Subrecipient agrees to provide Metroplan and the EPA upon request with a copy of the recorded deed or other documentation reasonably acceptable to Metroplan and the EPA, along with a certification stating that the Subrecipient owns clear and unencumbered title or legally sufficient rights to any right-of-way used for the Projects. If a preservation ordinance or deed restriction is being used,the Subrecipient will provide Metroplan and the EPA upon request with a copy of the duly authorized ordinance or recorded deed restrictions.Upon completion of any right-of-way acquisition, deed restriction, or other documentation,the Subrecipient agrees to provide a letter confirming completion to Metroplan and EPA. Section 7. Land Restoration or Stream Restoration Requirements Responsible Subrecipient: WCRC 1. Subrecipient agrees to submit a certification letter(Form LPA-008), including all items noted,to Metroplan prior to initiation of work for each Project. 2. Subrecipient agrees to provide Metroplan a Quality Control Plan with an independent review of work performed. 3. Subrecipient agrees to ensure soil health,water quality,native vegetation, ecosystem connectivity, sustainable practices,monitoring,and maintenance practices guided by the specific laws and regulations of the Bureau of Land Management are followed. 4. If Subrecipient engages any contractors to perform a Project, the Subrecipient agrees to advertise for bids in accordance with all applicable federal procedures, including any applicable Flow Down provisions.After bids are opened and reviewed, Subrecipient agrees to submit to Metroplan a certification letter notifying Metroplan that a contractor has been selected to perform the applicable Project and identifying such contractor. 5. Subrecipient agrees to pay, prior to delinquency, all contractors for Project work accomplished in accordance with the plans and specifications for the applicable Project, and to promptly request reimbursement from Metroplan via invoice. Reimbursement Subrecipient's Initials: 59P. 15 requests shall be submitted, at minimum, every three(3)months but not more than once per month. 6. Subrecipient agrees to retain all records relating to inspection and certification of the Projects,the contractor's billing statements, and any other files necessary to document the performance and completion of the Project work in accordance with requirements of 2 CFR Part 200—Uniform Administrative requirements, Cost Principles,and Audit Requirements for Federal Awards. 7. Subrecipient agrees to promptly deliver to Metroplan from time to time upon request copies of(or full access to) all Subrecipient records pertinent to the Projects, including all contracts, subcontracts,billing, and payment records. Section 8. Trail Construction Requirements Responsible Subrecipient: CITY OF FAYETTEVILLE 1. Subrecipient agrees to submit a certification letter, including all items noted,to Metroplan for each Project prior to advertising the applicable Project for construction bids(Form LPA-008, available at https://ardot.gov/divisions/local-programs/local-public- agency-proj ect-manual/). 2. Subrecipient agrees to advertise for bids in accordance with all applicable federal procedures, including any applicable Flow Down provisions.After bids are opened and reviewed, Subrecipient agrees to submit to Metroplan a certification letter notifying Metroplan that a contractor has been selected to perform the applicable Project and identifying such contractor. 3. Subrecipient agrees to provide Metroplan a Quality Control Plan with an independent review of work performed. Subrecipient agrees to follow the Manual of Field Sampling and Testing Procedures and Resident Engineer's Manual used by ARDOT, along with the Project plan's specifications and all applicable EPA requirements. 4. Subrecipient agrees to pay, prior to delinquency, all contractors for Project work accomplished in accordance with the plans and specifications for the applicable Project, and to promptly request reimbursement from Metroplan on the Construction Certification and Reimbursement Request(CCR) form (Form LPA-014, available at https://ardot.gov/divisions/local-programs/local-public-agency-project-manual/). Reimbursement requests shall be submitted, at minimum, every three(3)months but not more than once per month. 5. Subrecipient agrees to pay all unpaid claims for all materials, labor, and supplies entered into contingent or incidental to the construction of Project work and used in the course of said work including but not limited to materials, labor, and supplies described in and provided for under Act Nos. 65 and 368 of 1929,Act No 82 of 1935, and Acts amendatory thereof. 6. Subrecipient agrees to retain all records relating to inspection and certification of the Projects,the contractor's billing statements, and any other files necessary to document the performance and completion of the Project work in accordance with requirements of Subrecipient's Initials: 39fr— 16 2 CFP Part 200—Uniform Administrative requirements, Cost Principles,and Audit Requirements for Federal Awards. 7. Subrecipient agrees to promptly deliver to Metroplan from time to time upon request copies of(or full access to)all Subrecipient records pertinent to the Projects, including all contracts, subcontracts,billing, and payment records. Section 9.Metroplan Responsibilities Metroplan agrees to: 1. Reimburse Subrecipient an amount not to exceed$4,254,743.00 for land restoration, stream restoration, land preservation, and trail construction through the EPA-CPRG Program to the extent completed in accordance with the requirements of this Agreement. 2. Coordinate with Subrecipient for the duration of each Project. 3. Provide technical assistance and guidance related to EPA-CPRG criteria to Subrecipient for the duration of the Projects. 4. Provide,upon request,technical assistance on communication and promotional activities related to the Projects. 5. Make periodic payments for reimbursable costs and expenses to Subrecipient for duly completed reimbursement requests that are submitted to Metroplan as and when required under this Agreement. 6. Maintain an administrative file for each Project and be responsible for administering CPRG funds. 7. Review documents; however, Subrecipient is responsible for meeting federal requirements and general compliance with 23 CFR 635. 8. Pay the remaining amount due upon completion of each Project and submittal of the certified Final Acceptance Report form(Form LPA-016,available at https://ardot.gov/divisions/local-programs/local-public-agency-project-manual/), subject to the availability of EPA-CPRG funds allocated for the Projects. 9. Review and concur on any changes to Project scope and coordinate with EPA-CPRG recommendations and criteria. 10. Coordinate with NWARPC to conduct bi-annual site visits to the Projects to verify that Project timelines, outcomes, outputs, and milestones are being met by Subrecipient. 11.Maintain accounting records to adequately support reimbursement with federal funds for reimbursable costs directly associated with its administration of the Projects. Metroplan contacts for the CPRG Program are as follows: Staff Member Title Phone Email Casey Covington Executive Director 501-372-3330, ccovington@metroplan.org ext. 108 Leesa Freasier Grant Administrator 501-372-3300 lfreasier@metroplan.org Bernadette Rhodes Senior Regional 501-372-3300, brhodes@metroplan.org Planner ext. 114 Subrecipient's Initials: 55)fr- 17 Section 10.Northwest Arkansas Regional Planning Commission Responsibilities Northwest Arkansas Regional Planning Commission (NWARPC)agrees to: 1. Coordinate with Metroplan and Subrecipient to ensure the awarded CPRG funds to be implemented in Benton,Washington,and Madison Counties,as submitted to EPA in March 2024,are implemented and expended in Northwest Arkansas. 2. Assist and coordinate with Metroplan and Subrecipient in implementing the CPRG grant funding awarded to Northwest Arkansas Green Network projects. 3. Assist Metroplan and Subrecipient in processing, documenting, and approving any requested modifications to the 18 CPRG NWA Green Network Projects and two programs. 4. Provide NWARPC conference room space and general meeting support throughout the CPRG grant period to convene, collaborate, and communicate with Metroplan and Subrecipient on CPRG grant implementation. 5. Provide documents,photos, and site inspection as needed for NWA projects. 6. Coordinate with Metroplan to conduct periodic site visits to the Projects to verify projects timelines, outcomes, outputs, and milestones are being met by Subrecipient. NWARPC contacts for the CPRG Program are as follows: Staff Member Title Phone Email Tim Conklin Executive Director 479-751-7125, tconklin@nwarpc.org ext. 101 Nicole Gibbs Transportation Programs 479-751-7125, ngibbs@nwarpc.org Manager/Regional Planner ext. 105 Subrecipient's Initials: 59P- 18 SIGNATURES IN WITNESS WHEREOF,the parties thereto have executed this Agreement by their duly authorized officers to be effective this 23ra day of December ,20 24 . CERTIFICATION:The undersigned verifies that all funds provided through this Subaward Agreement will be used in accordance with the terms,provisions,and conditions hereof. FOR METROPLAN ill 2 7 / )J L LI By Authorized Representative: Date Casey Covington, Executive Director FOR NWARPC TimConklin Digitally signed by Tim Conklin 1 i 1 Date:2024.12.11 12:20.19 12/11/24 -osao By Authorized Representative: Date Tim Conklin,Executive Director FOR Cl Y O AYETTEVILLE i/ 12/20/2024 By Author' Representative Date Mayor o Fayetteville,Lioneld Jordan FOR NWALT ‘/ 12/11/24 By Authorized Repres nt ve Date Grady Spann,Executive Director Subrecipient's Initials: 5' 19 FOR SUBRECIPIENT Digitally signed by Sandi J Formica ,1 Sandi J Formica DN: =fonmdiJ Formica,o,ou, 12/10/2�+ email=formica�watershedcon servation.org, c=US Date,2024.12.10 09:27,58-06'00' By Authorized Representative: Date Sandi Formica, Executive Director Subrecipient's Initials: 59P- 20 ATTACHMENT A: Scope of Work/Deliverables The Subrecipient shall be responsible for completing the following scope of work for the Projects: Land and Stream Restoration Project: a. Procure engineering/design firm for creation of landscape restoration plans b. Identify invasive and native plants across site, and level of rehabilitation needed to achieve referenced project c. Develop land and stream treatment measures for invasive plant removal and native plant establishment d. Conduct initial site assessment and gather reference reach data e. Apply for all applicable local, state, and federal permits f. Develop construction drawings g. Create initial design that works with current conditions and possibility of revised future roadway conditions h. Establish and maintenance of native landscape rehabilitation i. Remove existing invasive plants j. Perform all earthworks necessary for proposed landscape k. Establish native vegetation and appropriate seasonal timing 1. Conduct regular project progress checks m. Inspect invasive plants and conduct follow-up n. Procure all materials necessary to construct the Projects o. Construct channel restoration p. Establish native vegetation as part of channel stabilization Subrecipient's Initials: 37 21 Total for Land and Stream Restoration Project: S1,389,950.00 Land Protection Project: a. Pursue landowner discussions and begin land acquisition discussions along linear project corridor b. Obtain permission to access properties that have not yet been acquired c. Complete land acquisition d. Adopt special ordinance to preserve property Total for Land Preservation Project: $57,500.00 Trail Construction Project: a. Procure engineering/design firm for the design of the greenway expansion project b. Determine trail layout that minimizes land taking and works in conjunction with simultaneous landscape restoration projects c. Apply for all applicable local, state and federal permits d. Develop construction design e. Complete land acquisition f. Adopt special ordinance to preserve property per the grant agreement(2030) g. Procure contractor for construction of the greenway expansion h. Procure all materials necessary for construction project i. Complete construction of greenway expansion Total for Trail Construction Project: $2,598,800.00 Subrecipient's Initials: c59P- 22 Subrecipient contacts for this Scope of Work are as follows: Staff Member Title Phone Email Sandi Formica WCRC Executive 479-444-1916 wcrc@watershedconservation.org Director Grady Spann NWALT Executive 479-966-4666 gspann@nwalandtrust.org Director Lioneld Mayor of Fayetteville 479-575-8330 mayor@fayetteville-ar.gov Jordan Attachment B. Approved Budget River Commons Project PROJECT COSTS Land Restoration $717,200.00 Stream Restoration $672,750.00 Land Protection $50,000.00 Trail Construction $2,598,800.00_ Indirect TOTAL $4,038,750.00 PROJECT ADMINISTRATION Personnel Fringe Travel Supplies Equipment Other TOTAL $215,993.00 GRAND TOTAL: $4,254,743.00 Subrecipient's Initials: 59P- 23 Attachment C. Monitoring Plan The subaward will be monitored using the following metrics and information collection. Reporting Periods(Quarterly&Annually) #of meetings/presentations #of meeting attendees #of acres of open space preserved #of permits obtained Types of permits obtained #of wetland acres restored #of riparian acres restored Linear feet of streambank restored #of prairie acres restored #of tree seedlings planted #of community partners Provide list of partners #of linear feet of trail constructed #of trail amenities installed Type of trail amenities installed #of wayfinding signs installed Type of wayfinding signs installed #of LED/solar trail lighting installed VMT of nearest road that new trail offsets trips from %of investment benefiting LIDAC Provide a summary of activities and project progress this period. Describe any challenges or delays that could materially impact your ability to accomplish the outputs included in your subaward agreement. Financial monitoring provided based on invoices and completion of project phases. Environmental information collected in accordance with QAPP and OMB-approved government-wide standard information collections. Subrecipient's Initials: 24 Attachment D. Flow Down Provisions See https:n www.epa.gov/sites/defau It/fi les/2020- 11/documents/epa subaward cross cutter requirements.pdf or most recently revised version of EPA's "Information on Requirements that Pass-Through Entities must 'Flow Down'to Subrecipients" Subrecipient's Initials: 59P- 25 Attachment E. ACORN Memo ppE SIp fN .' �'. EXECUTIVE OFFICE OF THE PRESIDENT oW E OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D C 20503 THE DIRECTOR October 7,2009 M-10-02 MEMORANDUM FOR THE HE S OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: Peter R.Orszag Director SUBJECT: Guidance on section 163 of the Continuing Resolution regarding the Association of Community Organizations for Reform Now(ACORN) This memorandum provides guidance to Executive Branch agencies regarding the implementation of section 163 of the Continuing Appropriations Resolution,2010,Division B of Pub.L No. 111-68(CR),which states: SEC. 163. None of the funds made available by this joint resolution or any prior Act may be provided to the Association of Community Organizations for Reform Now(ACORN), or any of its affiliates,subsidiaries,or allied organizations. Your agency must immediately commence all necessary and appropriate steps to comply with section 163. This includes the following: • No future obligations offunds. No agency or department should obligate or award any Federal funds to ACORN or any of its affiliates,subsidiaries or allied organizations (collectively"affiliates")during the period of the CR. To the extent your agency already has determined that funds should be obligated or awarded to ACORN or its affiliates but has not yet entered into any agreement to provide such funds to ACORN or any of its affiliates,your agency should not provide such funds,or enter into any such agreements to do so. As section 163 makes clear,its prohibition applies not only to the funding that is made available by the CR,but also to the funding that was made available by previously enacted statutes. In addition,the text of section 163 is sufficiently broad to cover funding that was made available for fiscal year(FY)2009 and prior fiscal years,as well as funding that is or will be made available for FY10. • Suspension of grant and contractual payments. If your agency has an existing contract or grant agreement with ACORN or its affiliates,the agency should: (i)where permissible,immediately suspend performance of any obligations under the contract or agreement,including payment of Federal funds;and(ii)consult promptly with the agency's general counsel and,if necessary,the Office of Management and Budget Subrecipient's Initials: 39P- 26 Attachment F. ACORN Declaration ACORN FUNDING DECLARATION On the behalf of the organization identified below("organization"),I hereby acknowledge that I have been provided a copy of Office of Management and Budget Memorandum M-10-02 and that said organization shall fully comply with section 163 of the Continuing Appropriations Resolution,2010,Division B of Pub.L.No. 111-68(CR) which states: None of the funds made available by this joint resolution or any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. I acknowledge that Federal grant or contract funding cannot be made to ACORN or its affiliates as a matter of law.I acknowledge that the organization as a Federal grant or contract recipient is prohibited from providing ANY federal funds to ACORN or its affiliates as subgrantees,subcontractors or other subrecipients.I acknowledge that the organization shall immediately notify DEQ of any existing subgrants,contracts or other subrecipient agreements, it may have with ACORN or its affiliates,as well as the measures that shall be taken by the organization to comply with this prohibition with regards to those subgrants,subcontracts or subrecipient agreements. Signed on this 10t day of 2024 Name of Organization: Watershed Conservation Resource Center Sandi J CbopNNIiMS.M JFYwm '"Form. Signed:Formica D'a=0241=10 OS 214-OM Title: Executive Director Subrecipient's Initials: 59P- 27 Attachment G. Equal Opportunity Certification Form Please click on the link below and fill out the EEOP form. https://www.oip.2ov/sites/g/files/xyckuh241/files/media/document/cert.pdf Subrecipient's Initials: 5V 28 Attachment H. Certification Regarding Lobbying Please click on the link below and fill out the Certification form. https://www.epa.Sov/system/files/documents/2021-08/epa form•6600 06.pdf Subrecipient's Initials: 29 Attachment I. Certification Regarding Debarment,Suspension,and Other Responsibility Matters Please click on the link below and fill out the Certification form. httns://epa.illinois.gov/content/dam/soi/en/web/epa/topics/gra nts-loans/state-revolvi ng- fund/documents/epa-5700-49-certification-of-debarment-suspension-etc.pdf Subrecipient's Initials: c5'()f- 30 Attachment J. Lead Agency Form (LPA-005) Please click on the link below and fill out the Lead Agency form. https:I/www.ardot.govh,p-content/uploads/Form LPA-005 Designating-Employee-in- Charge.pdf Subrecipient's Initials: 59P- 31 Attachment K. EPA Grant Agreement(02F75801) See email attachment. Subrecipient's Initials: 39 Metroplan, NWARPC,WCRC, NWALT&COF Town Branch Corridor Sub Recipient Agreement City of Fayetteville Staff Review Form 2024-0820 ARCHIVED Item ID N/A City Council Meeting Date-Agenda Item Only N/A for Non-Agenda Item Matt Mihalevich 12/16/2024 ENGINEERING (621) Submitted By Submitted Date Division/Department Action Recommendation: Staff requests approval of a Sub Recipient Agreement between Metroplan, Northwest Arkansas Regional Planning Commission, Watershed Conservation Resource Center, Northwest Arkansas Land Trust and the City of Fayetteville for implementation of public land restoration, stream restoration and land protection along the Town Branch Corridor associated with the Carbon Pollution Reduction Grant through the Environmental Protection Agency. Resolution 279-24 authorizes the mayor to execute all appropriate agreements and contracts necessary to implement the project. Budget Impact: N/A N/A Account Number Fund N/A N/A Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses(Actual+Encum) $ - Available Budget $ Does item have a direct cost? No Item Cost $Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget I $ - V20221130 Purchase Order Number: Previous Ordinance or Resolution# 279-24 Change Order Number: Approval Date: 12/20/2024 Original Contract Number: Comments: CITY OF FAYETTEVILLE STAFF MEMO ter ARKANSAS TO: Lioneld Jordan, Mayor THRU: Susan Norton, Chief of Staff Chris Brown, Director of Public Works/City Engineer FROM: Matt Mihalevich, Active Transportation Manager DATE: 12/16/2024 SUBJECT: 2024-0820—Carbon Pollution Reduction Grant—Town Branch Corridor Sub Recipient Agreement RECOMMENDATION: Staff requests approval of a Sub Recipient Agreement between Metroplan, Northwest Arkansas Regional Planning Commission, Watershed Conservation Resource Center, Northwest Arkansas Land Trust and the City of Fayetteville for implementation of public land restoration, stream restoration and land protection along the Town Branch Corridor associated with the Carbon Pollution Reduction Grant through the Environmental Protection Agency. Resolution 279-24 authorizes the mayor to execute all appropriate agreements and contracts necessary to implement the project. BACKGROUND: On July 22, 2024, the Environmental Protection Agency (EPA) announced that the Tri-Region Arkansas CPRG Coalition was selected for a $99,999,999 Climate Pollution Reduction Grant (CPRG) award for its "Energy and Environment Innovation for the Natural State" proposal. Northwest Arkansas is expected to receive $36.25 million of the $99,999,999 million in CPRG funding awarded by the Environmental Protection Agency to the Arkansas Tri-Region Coalition to implement each region's Energy and Environment Innovation Priority Action Plan. The Fayetteville projects listed in the table below include the River Commons floodplain, prairie and riparian restoration and White River trail construction along with the Town Branch Corridor Riparian Restoration. Additional restoration projects will be completed by the University of Arkansas. Northwest Arkansas Green Network Projects and Programs Site/Project Name Project Location Partnering Agencies River Commons Floodplain,Prairie,and Riparian Restoration and City of Fayetteville,Beaver Water District, Trail Construction' Fayetteville,AR Watershed Conservation Resource Center City of Fayetteville,Watershed Conservation Town Branch Corridor Stream and Riparian Restoration Fayetteville,AR Resource Center University of Arkansas Oak Knoll Wetland,Prairie,Forest,Stream, University of Arkansas,Watershed and Riparian Restoration* Fayetteville,AR Conservation Resource Center University of Arkansas Oak Ridge Hillside Prairie and Forest University of Arkansas,Watershed Restoration and Trail Construction' Fayetteville,AR Conservation Resource Center University of Arkansas AR Research&Tech Park Floodplain, University of Arkansas,Watershed Prairie,and Forest Restoration* Fayetteville,AR Conservation Resource Center Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Project partners include the Watershed Conservation Resource Center(WCRC), City of Fayetteville (Fayetteville), Northwest Arkansas Land Trust (NWALT) and the Beaver Water District (BWD). The Watershed Conservation Resource Center (WCRC)will conduct land restoration and prairie restoration in the project areas. The NWALT will develop conservation easements. The Town Branch project will protect and restore 12,327 linear feet and 12 acres of the adjacent riparian zone of the Town Branch stream corridor in south Fayetteville. Town Branch drains into the West Fork of the White River and eventually drains to Beaver Lake. Both NWALT and WCRC will be the subrecipients of this project's grant funding. The Town Branch restoration runs through several park properties and will positively impact the City's Town Branch Trail corridor from Interstate 49 to the planned river park and access at Combs Park. DISCUSSION: The Tri-Region Energy and Environment Innovation Coalition through Metroplan has received the final CPRG grant agreement from the EPA and has provided the attached sub recipient agreement ready for signature. Since the Town Branch Corridor is not a City of Fayetteville project, there are no tasks outlined in the agreement for the City of Fayetteville. Metroplan has requested all cities where the project is located to be included in the sub recipient agreement. BUDGET/STAFF IMPACT: None Attachments: Sub Recipient Agreement Resolution 279-24 2 1 SUBRECIPIENT AGREEMENT Town Branch Corridor Between Metroplan and Northwest Arkansas Regional Planning Commission and Watershed Conservation Resource Center and Northwest Arkansas Land Trust and The City of Fayetteville,AR,Subrecipient#CPRG-NWA-018 ENVIRONMENTAL PROTECTION AGENCY CLIMATE POLLUTION REDUCTION GRANT This Subrecipient Agreement ("Agreement") is entered into on this 23 day of December 2024 between Metroplan(the"Pass-through Entity"or"Metroplan"),the Northwest Arkansas Regional Planning Commission ("NWARPC"), and Watershed Conservation Resource Center ("WCRC"), Northwest Arkansas Land Trust (NWALT) and the City of Fayetteville, Arkansas (the "City" and,together in partnership with WCRC, and NWALT collectively the"Subrecipient"). Relative to Implementation of public land restoration, stream restoration, land protection, and trail construction as described in Attachment A: Scope of Work/Deliverables attached hereto(hereafter referred to separately as a"Project"and, collectively, as the"Projects"). Recitals WHEREAS, Metroplan is the recipient of a United States Environmental Protection Agency (EPA) award entitled the Climate Pollution Reduction Grant (CPRG), which EPA provided for the planning and development of ambitious climate action and air pollution reduction plans and to implement measures from those plans, and for which the Subrecipient's match is 0%; and WHEREAS,the projects to be implemented pursuant to the terms of this Agreement were recommended by the Northwest Arkansas Regional Planning Commission (NWARPC) and applied for by the Arkansas Energy and Environment Innovation Tri-Region Coalition, which is comprised of Metroplan, NWARPC, and the City of Fort Smith; and WHEREAS, the Subrecipient has agreed to complete the Projects in accordance with this Agreement; and WHEREAS, the Subrecipient hereto accepts the specific responsibilities listed in this Agreement to ensure the funding and completion of the Project; and Subrecipient's Initials: 2 WHEREAS, the Subrecipient has obtained all necessary approvals and authorizations to execute, deliver and perform this Agreement and to implement and complete the Projects; and WHEREAS,Metroplan will serve as the Pass-through Entity(grant administrator) for the federal dollars provided by CPRG funds and will report the progress and budget narrative to the CPRG Project Office; and WHEREAS, the Subrecipient has no knowledge of any legal impediments to the completion of the Projects. NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth, Metroplan and the Subrecipient agree as follows: AGREEMENT Section 1. General Information Section 2. Federal Requirements Section 3. Pass-through Entity Requirements Section 4. Subrecipient Requirements Section 5. Lead Agency and Project Manager Requirements Section 6. Right-of-Way and Land Protection Requirements Section 7. Land Restoration or Stream Restoration Requirements Section 8. Trail Construction Requirements Section 9. Metroplan Responsibilities Section 10. NWARPC Responsibilities SIGNATURES ADDENDA Attachment A. Scope of Work/Deliverables Attachment B. Approved Budget Attachment C. Monitoring Plan Attachment D. Flow Down Provisions Attachment E. ACORN Memo Attachment F. ACORN Declaration Attachment G. Equal Employment Opportunity Certification Form Attachment H. Certification Regarding Lobbying Attachment I. Certification Regarding Debarment,Suspension,and Other Responsibility Matters Attachment J. Lead Agency Form(LPA-005) Attachment K. EPA Grant Agreement(02F75801) Subrecipient's Initials: 3 Section 1. General Information (see § 200.332) 1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE (UGG) 2 CFR§200.332: a) Subrecipient Name(must match the name associated with its Unique Entity Identifier): City of Fayetteville,Arkansas in partnership with WCRC b) Subrecipient's Unique Entity Identifier(formerly known as DUNS number): City UE1: FKCQRMDULFH9 WCRC UEI: XZILGWGULGJ6 NWALT UEI:C8FNPE761J78 c) Federal Award Identification Number(FAIN): 02F75801 d) EPA Award Date: October 16, 2024 e) Subaward Period of Performance Start and End Date: Subaward period of performance shall begin on December 23, 2024, and end on August 31, 2029. f) Total Amount of Federal Funds Obligated Under the Initial Subaward: $5,230,516.00 g) Total Amount of Federal Funds Obligated to the Subrecipient: $5,230,516.00 h) Name of Federal Awarding Agency and Contact Information: U.S. EPA, Region 6,Grants Management Section ATTN: Silvana Palacios-Guberti,EPA Project Officer 1201 Elm Street, Suite 500,ARDPM Dallas, TX 75270-2102 Telephone: (800) 887-6063 Website: https://www.epa.gov/ Contact Information for Metroplan: Metroplan/Casey Covington ATTN: Leesa Freasier 501 W Markham, Ste B Little Rock,AR 72201-1409 Telephone: (501)372-3300 Website: https://metroplan.org/ Subrecipient's Initials: 4 Contact Information for the Subrecipient: City of Fayetteville,Arkansas ATTN: Mayor of Fayetteville Address: 113 W. Mountain Street Fayetteville,AR 72701 Telephone: (479) 575-8330 Website: https://www.fayetteville-ar.gov/ i) Assistance Listings Number(formerly known as the CFDA#) and Title: #66.046—Climate Pollution Reduction Grants See https://sam.gov/fal/6ccff3d73583450ba88ecef4bee21212/view j) This subaward is a program grant and not for Research and Development. k) Indirect Cost Rate: The subrecipients indirect cost rate based on a Federally Negotiated Indirect Rate Agreement is 43.7% Section 2.Federal Law and Compliance Requirements COMPLIANCE WITH APPLICABLE LAWS: The Subrecipient shall perform all activities funded by this Agreement in accordance with all applicable federal, state, and local laws, including without limitation laws which regulate the use of funds allocated under EPA Region 6 Federal Award Identification Number(FAIN) 02F75801. The term "federal, state, and local laws"as used in this Agreement shall mean all applicable statutes,rules,regulations,executive orders, directives, or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the Agreement Term. The term"federal,state, and local laws" shall include,without limitation: a. Federal Requirements: i. Authorizing Program Statute.This grant was created by Section 60114 of the Inflation Reduction Act, Climate Pollution Reduction Grants, 42 U.S. Code § 7437 (or Public Law 117-169, title VI,Aug. 16, 2022, 136 Stat. 2076), which amended the Clean Air Act(CAA)by creating Section 137 for Greenhouse Gas Air Pollution Plans and Implementation Grants; and ii. EPA General Terms and Conditions. The current Environmental Protection Agency (EPA) General Terms and Conditions available at: https://www.epa.gov/system/files/documents/2024- 10/fy 2025 epa general terms and conditions effective october 1 2024 o r later.pdf;and These terms and conditions are in addition to the assurances and certifications made as part of the award and the terms, conditions, or restrictions cited throughout the award;and Subrecipient's Initials: 5 The EPA repository for the general terms and conditions by year can be found at: https://www.epa.gov/grants/grant-terms-and-conditions#general; and Program guidance is available at: https://www.epa.gov/inflation-reduction- act/climate-pol lution-reduction-grants. iii. Federal regulations applicable to this award include, without limitation, the following: a. Uniform Administrative Requirements ("UGG"). Cost Principles, and Audit Requirements for Federal Awards, 2 CFR Part 200, other than such provisions as EPA may determine are inapplicable to this Award including adherence to the accounting principles and procedures required therein,use adequate internal controls,and maintain necessary source documentation for all costs incurred. b. Audits. In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, Subrecipient shall comply with all audit requirements for non-federal entities that expend federal awards unless and to the extent of any applicable exemption. The Subrecipient is responsible for resolving audit findings and implementing necessary corrective action specifically related to the subaward,and for promptly delivering to Metroplan all information and certifications necessary for Metroplan's compliance with 2 CFR§200.332(e)(4).The Subrecipient will report to Metroplan the corrective action taken to resolve any fmdings of all audits.Metroplan will send corrective action to be taken to EPA for approval (see https://www.ecfr.gov/current/title-2/subtitle- A/chapter-I I/part-200/subpart-F). c. Conflicts of Interest. The Subrecipient must maintain a conflict of interest policy consistent with 2 CFR§200.318(c)and such conflict of interest policy shall apply to each activity funded under this award. Subrecipients must disclose in writing to Metroplan, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 CFR § 200.112. Section 3. Pass-through Requirements(see 2 CFR § 200.332) All parties agree: 1. Term. Subject to the United States Environmental Protection Agency, Region 6,Air and Radiation Division, approval and the provisions for terminations as hereinafter provided, the term of this Agreement shall commence on December 1, 2024, and end on August 31, 2029, unless the period is extended by notification or by modification of this Agreement, through mutual agreement of the parties and federal agency approval. Subrecipient's Initials: 3?-- 6 2. Benefit. Subrecipient and Metroplan agree, unless specifically stated otherwise, that the provisions of this Agreement are not intended to create or confer a third-party benefit or right on any person or entity,not a party to this Agreement. 3. Administrative Considerations. Where policies of the Subrecipient differ from those of Metroplan, such as travel reimbursement, fringe benefits, indirect costs, etc., the policies of the Subrecipient shall be applicable to cost incurrences under the Agreement provided such policies comply with awarding agency regulations. 4. Compensation. This subaward agreement utilizes the cost reimbursement method of payment unless provisions are specifically outlined in this Agreement for advanced payment. The amount of the subaward is $5,230,516.00. The Subrecipient may invoice at most monthly and shall invoice at least once every three months. Invoices will state the period for which reimbursement is being requested and will itemize the cost by budget category per the budget summary (see Attachment B)Any cost over$5,230,516.00 be the sole responsibility of the Subrecipient at 100% Subrecipient's cost.All deliverables and reports defined in Attachment A: Scope of Work/Deliverables and Attachment B: Budget are to be submitted to Metroplan for the compensation defined herein. The Subrecipient shall not be entitled to receive any additional or separate compensation from Metroplan in connection with the project without prior approval of Metroplan, followed by an amendment submitted to Metroplan approved by the Federal Awarding Agency. Any unspent funds will be reallocated by NWARPC and Metroplan. The Subrecipient agrees to complete a W-9 form and Direct Deposit Authorization form and submit to Metroplan. 5. Relationship of Parties. The parties are independent, and neither party is the agent,joint venturer, partner, or employer of the other. 6. Monitoring Plan and Reporting. The Subrecipient will ensure that the subaward is used for authorized purposes,in compliance with federal statutes,regulations,and the terms and conditions of the subaward;and that subaward performance goals are achieved,as required by 2 CFR § 200.332(e). Metroplan will monitor program and financial performance in accordance with 2 CFR§200.332(e)through the adherence to a Monitoring Plan, included in the Addenda as Attachment C:Monitoring Plan. The Monitoring Plan will identify any failures in the administration and performance of the award and will also serve to identify whether the Subrecipient needs technical assistance.Metroplan may conduct on-site visits, follow-up, document and/or desk reviews, third-party evaluations, virtual monitoring, technical assistance, and informal monitoring such as email and telephone interviews.The Subrecipient shall promptly deliver to Metroplan all information and certifications necessary for Metroplan's compliance with 2 CFR§200.332(e).For reporting,the uniform guidance requires that Metroplan and the Subrecipient collect environmental information as approved in the project's Quality Assurance Project Plan (QAPP) and use OMB- approved government-wide standard information collections when providing performance information and data in reports. Performance measures for the Project's expected outputs and outcomes are included in Attachment C:Monitoring Plan. 7. Audit Costs.All Parties that are subject to the single audit requirement (§ 200.332) shall bear the cost of their single audit.The Subrecipient shall be responsible for payment of any Subrecipient's Initials: 7 • and all audit exceptions related to the work performed under this Agreement which are identified by the audit agency. For subrecipients that are not eligible for a single audit, Metroplan may conduct an agreed upon monitoring as an audit strategy. The cost of the agreed upon monitoring will be charged to the Metroplan award. Notwithstanding any other condition of the Agreement,the cooperative audit resolution process may be applied, as appropriate. 8. Access to Records.The books and records of all Parties must be made available, if needed and upon request,at the Parties'regular place of business,for audit by personnel authorized by the government. This includes inspections and audits by Metroplan, the Comptroller General of the United States,the EPA Office of Inspector General, other EPA staff, or any authorized representative of the Federal government. Reviews by the EPA Project Officer and the Grants Specialist may occur each year.The Federal Awarding Agency and/or Pass- through Entity has the right to return to audit the program after closeout at any time during the record retention period and as long as the records are retained, to conduct recovery audits including the recovery of funds,as appropriate(§ 200.337(c)). 9. Record Retention. All Parties shall retain all records pertinent to program activities and financial expenditures incurred under this Agreement for a period of three years after the date of submission of the final expenditure report under this award (§ 200.334). Notwithstanding the above, if there are litigation, claims, audits, negotiations, written notification from the federal program or cognizant agencies or the Pass-through Entity, or other actions that involve any of the records cited and that have started before the expiration of the three-year period,then such records must be retained until completion of the actions and resolutions of all issues (§ 200.334(a)), or the expiration of the three-year period, whichever occurs later. 10. Risk Assessments, Specific Conditions and Remedies. Metroplan has conducted a risk assessment as required by 2 CFR § 200.332(c)and determined the Subrecipient's level of risk as low.Risk assessments may be repeated throughout the project period after scheduled reports, audits, unanticipated issues, or other adverse circumstances that may arise. In the event of noncompliance or failure to perform, Metroplan has the authority to implement specific conditions and apply appropriate remedies as authorized under 2 CFR § 200.339, including but not limited to:temporarily withholding payments,disallowances,suspension or termination of the federal award, suspension of other federal awards received by the Subrecipient, debarment,withholding further funds or other available remedies. 11. Copyright/Intellectual Property. Metroplan will possess the entire and the Subrecipient will possess shared copyright,title,and interest in all materials, inventions,or deliverables produced as a result of this subaward, including use of logos, as appropriate.As a general principle, subject to the rights of the federal government and with respect to any subject, invention, material, or deliverable in which the Pass-through Entity and the Subrecipient retain title resulting from this subaward,the federal government shall have a nonexclusive, nontransferable, irrevocable paid-up license to practice or have practiced for or on behalf of the United States the subject invention, material, or deliverable throughout the world. Metroplan and the Subrecipient will credit the Federal Awarding Agency on any materials, inventions or deliverables produced under the federal award and subaward. Subrecipient's Initials: 8 12.Termination. a. This Agreement may be terminated at any time by either party,upon giving 30 days written notice to the non-terminating party. Metroplan reserves the right to cancel any Project without liability against Metroplan for any reason including, but not limited to, unreasonable delay or lack of progress, the Subrecipient's inability to provide an audit-worthy reason for the substantial delay in the Project development or completion process, or the Subrecipient's unresponsiveness to Metroplan's requests. b. PERFORMANCE DEFICIENCIES: Metroplan may terminate this Agreement for the Subrecipient's failure to perform required actions or failure to submit acceptable deliverables as required herein. In the event Metroplan provides notice of deficiency under this Agreement, Subrecipient will have fourteen(14)days to cure identified deficiencies prior to termination. c. REPAYMENT OF GRANT FUNDS: Once notified of termination by Metroplan, Subrecipient will immediately return all unexpended funds to Metroplan. Metroplan may require additional information regarding previously expended funds including a justification of use of funds for inadequate or insufficient deliverables. Should Subrecipient fail to complete any Project in accordance with Agreement or fail to adequately maintain or operate a Project until at least 2030, Metroplan and EPA may request return of any allocated funds from the applicable Project that has failed to comply with the terms of this Agreement. d. NON-APPROPRIATION CLAUSE: This Agreement will be automatically terminated in the event that funds under FAIN 02F75801 are discontinued by the Federal Awarding Agency for any reason. Such termination will take effect upon receipt of written notice to the Subrecipient from Metroplan. If there is a need to settle on an early termination, partial payment up to the termination date would be determined by incurrence of allowable cost and available CPRG funds,upon review of the Subrecipient's records.This provision shall not be construed to abridge any other right of termination Metroplan may have. 13. Notice.Any notice required or deemed desirable to be given, shall be in writing and shall be delivered personally or sent by certified or registered mail, postage prepaid to the following addresses: If to Metroplan: Casey Covington 501 W Markham Suite B, Little Rock,AR 72201 ccovingtonnmetroplan.org (501) 372-3300 Secondary Metroplan: Leesa Freasier 501 W Markham Suite B, Little Rock,AR 72201 Ifreasier@,metroplan.org (501)372-3300 Subrecipient's Initials: 9 If to Subrecipient: City of Fayetteville Mayor Lioneld Jordan 113 W. Mountain Street Fayetteville,AR 72701 (479) 575-8330 14.Liability to Others. The Subrecipient agrees that it will be responsible to defend, and if valid, to satisfy claims against the Subrecipient, which result from the Subrecipient's performance of or failure to perform its duties under this Agreement, and subaward. 15.Non-Exclusive Jurisdiction. All disputes and claims relating to any provision of the Agreement or any covenant, representation, or warranty of either party, or the alleged breach thereof(including without limitation any claim that this Agreement or any provision thereof is illegal or is otherwise unenforceable or voidable under law) shall be settled by a court of competent jurisdiction located in Pulaski County,Arkansas. 16. Entire Agreement.This Agreement,including all attachments,contains the sole and entire agreement and understanding of the parties with respect to the subject matter hereof.Any and all prior discussions,negotiation,commitments and understanding relating thereto are hereby merged herein. This Agreement may be changed or modified only by writing and signed by the parties hereto, subject to the policies and approvals of Metroplan and the Federal Awarding Agency. 17. Governing Law. This Agreement, the relations, rights, and duties of the parties among themselves, and matters pertaining to them in this Agreement, shall be governed by and construed in accordance with the laws of the State of Arkansas. 18.Indirect Cost Rate (see § 200.332(b)(4)). The Subrecipient will not claim indirect costs for this agreement 19. Closeout (see § 200.332(b)(6)). Metroplan will determine whether all applicable administrative actions and all required work have been completed by the subrecipient at the end of the period of performance.If the Subrecipient fails to complete the requirements, the Federal Awarding Agency or Pass-Through Entity will proceed to closeout the award with the information available (§ 200.344). Metroplan will note if closeout relates to the end of a 12-month period and termination of subaward,or if the closeout relates to the end of a 12-month period and preparation for an upcoming continuation period. Metroplan must describe requirements for liquidation of financial obligations if the award is ending, or identification of carry-over of funds, if needed, to the next award period (§ 200.344(b)). Metroplan must include completion of any other required closeout activities, such as submission of deliverables, payments, if any, due to the Subrecipient from the Pass- through Entity, attribution to the federal agency and/or copyright or patent rights, and any accounting of real or personal property(§ 200.344(d)through(h)). Subrecipient's Initials: 5(7 10 Section 4. Subrecipient Requirements 1. Flow Down Provisions. The Subrecipient agrees to comply with all statutory, regulatory, and Executive Order requirements that apply to EPA funded projects per 2 CFR 200.332(b)(2). Requirements that flow down to Subrecipients are attached hereto as Attachment D, all of which are incorporated into this Agreement by reference. 2. Use of Funds. The Subrecipient agrees that the CPRG funds distributed to Subrecipient have been awarded specifically for completion of the Projects as required herein, not for Subrecipient to utilize until expended. 3. Responsibilities. The Subrecipient agrees to furnish the necessary resources, staff time, materials, services, and otherwise to do all things necessary for the performance of the work described in Scope of Work/Deliverables,which is incorporated into the Agreement as Attachment A, along with the Budget required for that performance, which is incorporated into the Agreement as Attachment B. 5. Assurances. The Subrecipient agrees to follow applicable EPA Standard Assurances that can be found at EPA's Guidance for Preparing Standard Operating Procedures and SF 424D:Assurances for Construction Programs and agrees to complete, execute, and deliver such document to Metroplan. 6. Reimbursement Requests. Reimbursement requests shall be submitted, at minimum, every three(3)months but not more than once per month. 7. Reporting. Subrecipient agrees to provide to the Lead Agency a monthly written status report regarding each Project. Lead Agency will determine due dates for report submittal. In accordance with the Federal Funding Accountability and Transparency Act(FFATA), if the award is subject to FFATA Subaward and Executive Compensation Reporting Requirements,then the terms and conditions of that award must link to the Operating Divisions' (OPDIV)website that houses the full text or include the full text of the reporting requirements. 8. Measurement and Verification. The Subrecipient accepts responsibility for the inspection,measurement, and documentation of pay items,and certification of all work in accordance with the plans and specifications for each Project and for monitoring the Subrecipient's general contractors and subcontractor(s)for compliance with the provisions of EPA-CPRG Required Contract Provisions, Federal Construction Contracts, and Supplements. 9. Rebudgeting and Prior Approvals.The Subrecipient is permitted to rebudget direct costs, if necessary, as described in the uniform guidance (§ 200.308) to better reflect spending requirements, subject to Metroplan written approval, and subject to the Federal Awarding Agency's policy and the uniform grant guidance that would define requirements for prior written approval(§ 200.407)before implementation. 10.Responsibility for Project Costs.The Subrecipient accepts responsibility for 100%of its suballocated Project costs incurred,a)should any Project not be completed as specified;b) should any Project be declared non-participating in federal funds,including any such award by the State Claims Commission; or c) should Subrecipient be determined ineligible by EPA. Subrecipient's Initials: 11 11. Project Activities. Subrecipient accepts responsibility for performing Project activities in accordance with the provided services which include environmental documentation and permitting,preliminary engineering, and inspection for the Projects. If the Subrecipient uses a consultant for any of these services, Subrecipient must notify Metroplan before any work is performed. 12. Budget and Planning. Subrecipient accepts responsibility for preparing and approving plans,cost estimates, and invoices, and making payments for each Project. 13. Permits. Subrecipient agrees to prepare the necessary environmental documentation and obtain all necessary permits as required by EPA and conduct any required public involvement meetings and public hearings. 14.Planning Requirements. Subrecipient agrees to ensure that the plans and specifications for each Project are developed consistent with federal, state, and local law and ensure that the plans and specifications comply with the American with Disabilities Act(ADA)and all other applicable federal, state, and local regulations, including airport clearance,when necessary, for the type of work involved. 15. Maintenance and Operation. The Subrecipient accepts responsibility for satisfactory maintenance and operation of all Project improvements and for adopting regulations and ordinances as necessary to ensure this. Failure to adequately maintain and operate any Project in accordance with EPA-CRPG requirements may result in the Subrecipient being required to repay federal funds. The Subrecipient agrees to retain total,direct control over the Projects throughout the life of Project improvements until at least 2050 and not, without prior approval from the EPA: a) sell,transfer, or otherwise abandon any portion of a Project; b)change the intended use of a Project; c)make significant alterations to any Project improvements constructed with EPA-CPRG funds; or d)cease maintenance or operation of a Project due to obsolescence. 16. Disclosure of Information.Any confidential or personally identifiable information (PII) acquired by the Subrecipient during the course of the subaward shall not be disclosed by the Subrecipient to any person,firm,corporation,association,or other entity for any reason or purpose whatsoever without the prior written consent of Metroplan, either during the term of the Agreement or in the event of termination of the Agreement for any reasons whatsoever. The Subrecipient agrees to abide by applicable federal regulations regarding confidential information and research standards, as appropriate, for federal supported projects. 17.Management Fees. Subrecipient is prohibited from using funds allocated through CPRG for paying management fees, as referenced in Attachment D. 18. UEI and SAM Registration. Subrecipient agrees to provide Metroplan and EPA with its Unique Entity Identifier(UEI)and agrees to maintain current registrations in the System for Award Management(SAM) (www.sam.gov)at all times during which it has active federal awards funded. 19.ACORN. Memorandum M-10-02 (Attachment E)guides the use of federal funds regarding the Association of Community Organizations for Reform Now(ACORN). Attachment F is an ACORN Funding Declaration. Subrecipient shall complete the bottom section of the declaration and return it to Metroplan with this signed Agreement. Subrecipient's Initials: 5C7 12 20. Negligence, Misconduct, or Acts of Omission. The Subrecipient agrees that any and all claims for damages to property or injury or death to persons caused by any act of omission, negligence, or misconduct from the performance of work by Subrecipient's employees and/or its contractors on the Projects shall be the sole responsibility of the Subrecipient or the applicable contractor(s), as the case may be, and that Metroplan shall have no liability whatsoever for any such claims.In this regard the Subrecipient shall require any contractor and subcontractors on the Projects to procure and maintain a policy or policies of commercial general liability insurance during the duration of the Projects, which shall be endorsed to include broad form general liability and completed operations coverage in forms and amounts reasonably acceptable to Metroplan and which name Metroplan and Subrecipient as additional insureds. The contractors and subcontractors shall furnish Subrecipient and Metroplan with documentation of proof of liability insurance coverage as required hereunder with submission of a signed contract and thereafter at least annually (within thirty (30) days prior to expiration of the applicable policy). The Subrecipient agrees that any claims, liability, costs, expenses, demands, settlements, or judgments arising from misconduct or the negligent acts or omissions of Subrecipient or its employees, agents, or contractors in the performance of the Projects and this Agreement are obligations of Subrecipient or its contractors, as applicable. Further, Subrecipient agrees that Metroplan, as the Pass-through Entity, has no duty or responsibility for the design, construction, maintenance, or operation of the Projects, and therefore shall have no liability related to the design, construction, maintenance, or operation of the Projects. Subrecipient also agrees to assume all risks associated with the Project work to be performed by its agents, employees, and contractors under this Agreement and that Metroplan,as the Pass-through Entity,shall not be responsible or liable for any damages whatsoever from the actions or inactions of Subrecipient, its employees, agents, and contractors. Nothing set forth herein shall be construed as waiving any statutory immunity of Subrecipient. The Subrecipient agrees that such actions or inactions shall include, but are not limited to, federal non-participation arising from problems with design plans, specifications, construction, change orders, construction inspection, or contractor payment procedures. The Subrecipient understands and agrees that Metroplan may cause necessary funds to be withheld from the EPA-CPRG subaward if Subrecipient fails to complete any Project as specified or fails to adequately maintain or operate any Project. 21.Nondiscrimination. The Subrecipient agrees to assure that its policies and practices with regard to its employees,any part of whose compensation is reimbursed from federal funds, will be without regard to race, color, religion, sex, national origin, age, or disability in compliance with the Civil Rights Act of 1964,the Age Discrimination in Employment Act of 1967, The Americans with Disabilities Act of 1990, as amended, and Title 49 of the Code of Federal Regulations Part 21 (49 CFR 21), and Nondiscrimination in Federally- Assisted Programs of the Department of Transportation. The Subrecipient shall complete and submit to Metroplan an Equal Employment Opportunity Certification Form (Attachment G). Subrecipient's Initials: 13 22. Standards of Work. The Subrecipient agrees to implement the subaward and perform pursuant to the requirements of the Agreement in a manner consistent with that level of care and skill ordinarily exercised by subrecipients currently practicing under similar conditions,particularly in reference to restricted or sponsored programs. The Subrecipient understands that this Agreement is being issued under a federal award, FAIN 02F75801, Program Code 5E, for the Project to be implemented by Metroplan. The Subrecipient agrees to be bound and abide by all applicable regulations contained herein,with regard to federal assurances and certifications including lobbying and debarment. 23. Lobbying. Subrecipients shall complete and submit to Metroplan a Certification Regarding Lobbying Form (Attachment H). 24. Debarment. Subrecipients shall complete and submit to Metroplan a Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Attachment I). Section 5. Lead Agency and Project Manager Requirements Lead Agency: WCRC 1. Project Manager. The Subrecipient acting as Lead Agency agrees to notify Metroplan in writing who Subrecipient designates as its full-time employee to act as Project Manager to be in responsible charge of the day-to-day oversight of the Projects (Attachment J.• Form LPA-005). If the designated full-time employee changes, the Subrecipient must promptly notify Metroplan by resubmitting Form LPA-005 for the newly designated Project Manager.The duties and functions of the employee in responsible charge are: a. Oversee Project activities, including those dealing with cost, time, adherence to contract requirements,construction quality and scope of the Projects; b. Maintain familiarity of day-to-day Project operations, including Project safety issues; c. Make or participate in decisions about changed conditions or scope changes that require change orders and/or supplemental agreements; d. During construction, visit and review the Projects on a daily basis; e. Review financial processes, transactions, and documentation to ensure that safeguards are in place to minimize fraud,waste, and abuse; f. Direct Project staff or consultant to carry out Project administration and contract oversight, including proper documentation; and g. Be aware of the qualifications,assignments,and on-the-job performance of Project and consultant staff at all stages of the Projects. 2. Reporting. Lead Agency agrees to provide a monthly written status report to Metroplan regarding each Project. These monthly status reports are due at the end date of each month. If this date falls on a holiday or weekend,the reports are due the day before the holiday or weekend.After each quarter of the calendar year,the Lead Agency agrees to complete and submit to Metroplan a quarterly status report using the Metroplan template. This report will be due on the 15th of the month immediately following the end of each quarter. Subrecipient's Initials: 14 Section 6. Right-of-Way and Land Protection Requirements Responsible Subrecipient: NWALT 1. Subrecipient agrees to acquire any property required for a Project in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(commonly referred to as the"Uniform Act"). 2. Subrecipient agrees to ensure the preparation of right-of-way plans are completed in accordance with applicable state, federal and local regulations. 3. Subrecipient shall be responsible for all non-reimbursable costs associated with the relocation of any utility lines and/or utility facilities. Subrecipient agrees to provide Metroplan and the EPA upon request with a copy of the recorded deed or other documentation reasonably acceptable to Metroplan and the EPA, along with a certification stating that the Subrecipient owns clear and unencumbered title or legally sufficient rights to any right-of-way used for the Projects. If a preservation ordinance or deed restriction is being used,the Subrecipient will provide Metroplan and the EPA upon request with a copy of the duly authorized ordinance or recorded deed restrictions. Upon completion of any right-of-way acquisition,deed restriction, or other documentation,the Subrecipient agrees to provide a letter confirming completion to Metroplan and EPA. Section 7. Land Restoration or Stream Restoration Requirements Responsible Subrecipient: WCRC 1. Subrecipient agrees to submit a certification letter(Form LPA-008), including all items noted,to Metroplan prior to initiation of work for each Project. 2. Subrecipient agrees to provide Metroplan a Quality Control Plan with an independent review of work performed. 3. Subrecipient agrees to ensure soil health, water quality,native vegetation, ecosystem connectivity, sustainable practices,monitoring,and maintenance practices guided by the specific laws and regulations of the Bureau of Land Management are followed. 4. If Subrecipient engages any contractors to perform a Project,the Subrecipient agrees to advertise for bids in accordance with all applicable federal procedures, including any applicable Flow Down provisions.After bids are opened and reviewed, Subrecipient agrees to submit to Metroplan a certification letter notifying Metroplan that a contractor has been selected to perform the applicable Project and identifying such contractor. 5. Subrecipient agrees to pay, prior to delinquency, all contractors for Project work accomplished in accordance with the plans and specifications for the applicable Project, and to promptly request reimbursement from Metroplan via invoice. Reimbursement requests shall be submitted, at minimum, every three(3)months but not more than once per month. 6. Subrecipient agrees to retain all records relating to inspection and certification of the Projects,the contractor's billing statements, and any other files necessary to document the performance and completion of the Project work in accordance with requirements of Subrecipient's Initials: 15 2 CFR Part 200—Uniform Administrative requirements, Cost Principles, and Audit Requirements for Federal Awards. 7. Subrecipient agrees to promptly deliver to Metroplan from time to time upon request copies of(or full access to)all Subrecipient records pertinent to the Projects, including all contracts, subcontracts, billing,and payment records. Section 8.Metroplan Responsibilities Metroplan agrees to: 1. Reimburse Subrecipient an amount not to exceed$2,080,350.00 for land restoration, stream restoration, land preservation, and trail construction through the EPA-CPRG Program to the extent completed in accordance with the requirements of this Agreement. 2. Coordinate with Subrecipient for the duration of each Project. 3. Provide technical assistance and guidance related to EPA-CPRG criteria to Subrecipient for the duration of the Projects. 4. Provide,upon request,technical assistance on communication and promotional activities related to the Projects. 5. Make periodic payments for reimbursable costs and expenses to Subrecipient for duly completed reimbursement requests that are submitted to Metroplan as and when required under this Agreement. 6. Maintain an administrative file for each Project and be responsible for administering CPRG funds. 7. Review documents;however, Subrecipient is responsible for meeting federal requirements and general compliance with 23 CFR 635. 8. Pay the remaining amount due upon completion of each Project and submittal of the certified Final Acceptance Report form (Form LPA-016, available at https://ardot.gov/divisions/local-programs/local-public-agency-project-manual/), subject to the availability of EPA-CPRG funds allocated for the Projects. 9. Review and concur on any changes to Project scope and coordinate with EPA-CPRG recommendations and criteria. 10. Coordinate with NWARPC to conduct bi-annual site visits to the Projects to verify that Project timelines, outcomes, outputs, and milestones are being met by Subrecipient. 11. Maintain accounting records to adequately support reimbursement with federal funds for reimbursable costs directly associated with its administration of the Projects. Metroplan contacts for the CPRG Program are as follows: Staff Member Title Phone Email Casey Covington Executive Director 501-372-3330, ccovington@metroplan.org ext. 108 Leesa Freasier Grant Administrator 501-372-3300 lfreasier@metroplan.org Bernadette Rhodes Senior Regional 501-372-3300, brhodes@metroplan.org Planner ext. 114 Subrecipient's Initials: 16 Section 9. Northwest Arkansas Regional Planning Commission Responsibilities Northwest Arkansas Regional Planning Commission (NWARPC)agrees to: 1. Coordinate with Metroplan and Subrecipient to ensure the awarded CPRG funds to be implemented in Benton,Washington,and Madison Counties,as submitted to EPA in March 2024, are implemented and expended in Northwest Arkansas. 2. Assist and coordinate with Metroplan and Subrecipient in implementing the CPRG grant funding awarded to Northwest Arkansas Green Network projects. 3. Assist Metroplan and Subrecipient in processing, documenting, and approving any requested modifications to the 18 CPRG NWA Green Network Projects and two programs. 4. Provide NWARPC conference room space and general meeting support throughout the CPRG grant period to convene, collaborate, and communicate with Metroplan and Subrecipient on CPRG grant implementation. 5. Provide documents,photos,and site inspection as needed for NWA projects. 6. Coordinate with Metroplan to conduct periodic site visits to the Projects to verify projects timelines, outcomes,outputs, and milestones are being met by Subrecipient. NWARPC contacts for the CPRG Program are as follows: Staff Member Title Phone Email Tim Conklin Executive Director 479-751-7125, tconklin@nwarpc.org ext. 101 Nicole Gibbs Transportation Programs 479-751-7125, ngibbs@nwarpc.org Manager/Regional Planner ext. 105 Subrecipient's Initials: I7 SIGNATURES IN WITNESS WHEREOF, the parties thereto have executed this Agreement by their duly authorized officers to be effective this 23rd day of December , 20 24 • CERTIFICATION: The undersigned verifies that all funds provided through this Subaward Agreement will be used in accordance with the terms,provisions, and conditions hereof. FOR METROPLAN ( L/ 2.7I70 2- q By Authorized Representative: Date Casey Covington, Executive Director FOR NWARPC Digitally signed by Tim Conklin Tim Conklin Date:2024.12.16 16:57:15 -06'00' By Authorized Representative: Date Tim Conklin, Executive Director FOR NWALT By Author' ed Repres the Date Grady Spann FOR WCRC Digitally signed by Sandi J Formica Sandi J Formica D" rmicaSandi wateFormrshedca. ou. 12/16/24 email=fonnka@walershedconserval ion.o rg.c=US Data 2024.12.16 14:09.13-06'00' By Authorized Representative: Date Sandi Formica Subrecipient's Initials: ___ 18 FORS BRECIPIE ‘,4-----L—,_ 12/20/2024 By Authorized esentative: Date Lioneld Jorda ayor City of Fayetteville 3'(Subrecipient's Initials: 19 ATTACHMENT A: Scope of Work/Deliverables The Subrecipient shall be responsible for completing the following scope of work for the Projects: Land and Stream Restoration Project: a. Procure engineering/design firm for creation of landscape restoration plans b. Identify invasive and native plants across site, and level of rehabilitation needed to achieve referenced project c. Develop land and stream treatment measures for invasive plant removal and native plant establishment d. Conduct initial site assessment and gather reference reach data e. Apply for all applicable local, state, and federal permits f. Develop construction drawings g. Create initial design that works with current conditions and possibility of revised future roadway conditions h. Establish and maintenance of native landscape rehabilitation i. Remove existing invasive plants j. Perform all earthworks necessary for proposed landscape k. Establish native vegetation and appropriate seasonal timing 1. Conduct regular project progress checks m. Inspect invasive plants and conduct follow-up n. Procure all materials necessary to construct the Projects o. Construct channel restoration p. Establish native vegetation as part of channel stabilization Total for Land and Stream Restoration Project: $4,498,275.00 Subrecipient's Initials: 20 Subrecipient contacts for this Scope of Work are as follows: Staff Member Title Phone Email Sandi Executive Director 479-444- wcrc@watershedconservation.org Formica 1916 Lioneld Mayor 479-575- mayor@fayettville-ar.gov Jordan 8330 Land Protection Project: a. Pursue landowner discussions and begin land acquisition discussions along linear project corridor b. Obtain permission to access properties that have not yet been acquired c. Complete land acquisition d. Adopt special ordinance to preserve property Total for Land Protection Project: $57,500.00 Subrecipient contacts for this Scope of Work are as follows: Staff Member Title Phone Email Grady Spann Executive Director 479-966- gspann@nwalandtrust.org 4666 Evan Johnson Conservation Easement 479-966- ejohnson@nwalandtrust.org Manager 4666 Subrecipient's Initials: 21 Attachment B. Approved Budget Fayetteville Razorback Greenway and Town Branch Creek Project PROJECT COSTS Land Protection(NWALT) $50,000.00 Stream Restoration(WCRC) $4,498,275.00 TOTAL $4,548,275.00 PROJECT ADMINISTRATION Personnel (Grants Administrator) Fringe Travel Supplies Equipment Other Indirect TOTAL $682,241.00 Personnel Costs Land Protection $50,000.00 Stream Restoration $4,498,275.00 TOTAL $4,548,275.00 GRAND TOTAL: $5,230,516.00 Lead Partner will submit a detailed project budget before funds are disbursed. Subrecipient's Initials: 22 Attachment C. Monitoring Plan The subaward will be monitored using the following metrics and information collection. Reporting Periods(Quarterly&Annually) # of meetings/presentations # of meeting attendees # of acres of open space preserved #of permits obtained Types of permits obtained #of wetland acres restored #of riparian acres restored Linear feet of streambank restored #of prairie acres restored #of tree seedlings planted #of community partners Provide list of partners #of linear feet of trail constructed # of trail amenities installed Type of trail amenities installed #of wayfinding signs installed Type of wayfinding signs installed #of LED/solar trail lighting installed VMT of nearest road that new trail offsets trips from %of investment benefiting LIDAC Provide a summary of activities and project progress this period. Describe any challenges or delays that could materially impact your ability to accomplish the outputs included in your subaward agreement. Financial monitoring provided based on invoices and completion of project phases. Environmental information collected in accordance with QAPP and OMB-approved government-wide standard information collections. Subrecipient's Initials: 23 Attachment D. Flow Down Provisions See https://www.epa.gov/sites/default/files/2020- 11/documents/epa subaward cross cutter requirements.pdf or most recently revised version of EPA's "Information on Requirements that Pass-Through Entities must 'Flow Down'to Subrecipients" Subrecipient's Initials: 37 24 Attachment E. ACORN Memo yxc i OEt. svd axe; EXECUTIVE OFFICE OF THE PRESIDENT W y ilir- OFFICE OF MANAGEMENT AND BUDGET 41 WASHINGTON, D.C. 20503 THE DIRE._' October 7,2009 M-10-02 MEMORANDUM FOR THE HE OF EXECUTIVE DEPARTMENTS AND AGENCIES FROM: Peter R.Orszag Director SUBJECT: Guidance on section 163 of the Continuing Resolution regarding the Association of Community Organizations for Reform Now(ACORN) This memorandum provides guidance to Executive Branch agencies regarding the implementation of section 163 of the Continuing Appropriations Resolution,2010,Division B of Pub.L No. 111-68(CR),which states: SEC. 163. None of the funds made available by this joint resolution or any prior Act may be provided to the Association of Community Organizations for Reform Now(ACORN), or any of its affiliates,subsidiaries,or allied organizations. Your agency must immediately commence all necessary and appropriate steps to comply with section 163. This includes the following: • No future obligations of funds. No agency or department should obligate or award any Federal funds to ACORN or any of its affiliates,subsidiaries or allied organizations (collectively"affiliates")during the period of the CR. To the extent your agency already has determined that funds should be obligated or awarded to ACORN or its affiliates but has not yet entered into any agreement to provide such funds to ACORN or any of its affiliates,your agency should not provide such funds,or enter into any such agreements to do so. As section 163 makes clear,its prohibition applies not only to the funding that is made available by the CR,but also to the funding that was made available by previously enacted statutes. In addition,the text of section 163 is sufficiently broad to cover funding that was made available for fiscal year(FY)2009 and prior fiscal years,as well as funding that is or will be made available for FY10. • Suspension of grant and contractual payments. If your agency has an existing contract or grant agreement with ACORN or its affiliates,the agency should: (i)where permissible,immediately suspend performance of any obligations under the contract or agreement,including payment of Federal funds;and(ii)consult promptly with the agency's general counsel and,if necessary,the Office of Management and Budget Subrecipient's Initials: . 25 Attachment F. ACORN Declaration ACORN FUNDING DECLARATION On the behalf of the organization identified below("organization"). I hereby acknowledge that I have been provided a copy of Office of Management and Budget Memorandum M-I0-02 and that said organization shall fully comply with section 163 of the Continuing Appropriations Resolution,2010,Division B of Pub.L.No. 111-68(CR) hich states: None of the funds made available by this joint resolution or any prior Act may be provided to the Association of Community Organizations for Reform Now (ACORN), or any of its affiliates, subsidiaries, or allied organizations. 1 acknowledge that Federal grant or contract funding cannot be made to ACORN or its affiliates as a matter of law. I acknowledge that the organization as a Federal grant or contract recipient is prohibited from providing ANY federal funds to ACORN or its affiliates as subgrantees,subcontractors or other subrecipients. I acknowledge that the organization shall immediately notify DEQ of any existing subgrants, contracts or other subrecipient agreements, it may have with ACORN or its affiliates,as well as the measures that shall be taken by the organization to comply with this prohibition with regards to those subgrants. subcontracts or subrecipient agreements. Signed on this l0'1' day of 2024 Name of Organization: Watershed Conservation Resource Center Sandi J m^.�e°,Fa .06 ea" Signed:Formica ten0.0 1024 12 10 09 29 16 OM Title: Executive Director Subrecipient's Initials: 26 Attachment G. Equal Opportunity Certification Form Please click on the link below and fill out the EEOP form. https://www.oj p.gov/sites/g/files/xyckuh241/files/med is/docu men t/ce rt.pdf Subrecipient's Initials: 27 Attachment H. Certification Regarding Lobbying Please click on the link below and fill out the Certification form. https://wwww.epa.gov/system/files/documents/2021-08/epa form 6600 06.pdf Subrecipient's Initials: 28 Attachment I. Certification Regarding Debarment, Suspension,and Other Responsibility Matters Please click on the link below and fill out the Certification form. https://epa.illinois.gov/content/dam/soi/en/web/epa/topics/grants-loans/state-revolving- fund/documents/epa-5700-49-certification-of-debarment-suspension-etc.pdf Subrecipient's Initials: 29 Attachment J. Lead Agency Form (LPA-005) Please click on the link below and fill out the Lead Agency form. https://www.ardot.gov/wp-content/uploads/Form L P;k-005 Designating-Employee-in- Charge.pdf Subrecipient's Initials: 30 Attachment K. EPA Grant Agreement(02F75801) See email attachment. Subrecipient's Initials: