HomeMy WebLinkAbout194-08 RESOLUTIONRESOLUTION NO. 194-08
A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A
STATE AND TRIBAL ASSISTANCE GRANT (STAG) IN THE
AMOUNT OF $286,000.00 FROM THE U. S. ENVIRONMENTAL
PROTECTION AGENCY FOR SANITARY SEWER SYSTEM
IMPROVEMENTS; AND APPROVING A BUDGET ADJUSTMENT
EFFECTIVE UPON RECEIPT OF SAID GRANT.
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 authorizes the Mayor to accept a State and Tribal Assistance Grant
(STAG) in the amount of $286,000.00 from the U. S. Environmental Protection
Agency for sanitary sewer system improvements.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Budget Adjustment recognizing the grant revenue, to be
effective upon the receipt of said grant.
PASSED and APPROVED this 21St day of October, 2008.
APPROVED:
By
DAN COODY, Mayor
ATTEST:
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:FAYETTEVILLE:
tleit :KANS1" J=`:
By. uaGTO uuuu���"
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas
Budget Adjustment Form
Budget Year
2008
Department: Operations
Division: Water & Sewer Maintenance
Program: Sewer Mains Construction
Date Requested
10/3/2008
Adjustment Number
Project or Item AddedMcreased:
$286,000 is requested in the Sewer Improvements
account of the Sanitary Sewer Rehabilitation - EPA
Rehabilitation Grant Project.
.Project or Item Deleted/Reduced:
None. This action is required to recognize receipt of
$286,000 in the Federal Grants account.
Justification of this Increase:
Funding will be used for sanitary sewer rehabilitation to
include repairs to sanitary sewer mains and manholes.
Justification of this Decrease:
A grant was received from the Environmental Protection
Agency for the purpose of sanitary sewer rehabilitation.
Account Name
Increase Expense Budget (Decrease Revenue Budget)
Account Number Amount
Project Number
Sewer improvements 5400 5700 5815 00 286,000 02017 Oto/
Account Name
Decrease Expense Budget (Increase Revenue Budget)
Account Number Amount
Federal grants -Capital
Project Number
5400 0940 4309 00 286,000 02017 , 020/
Approval Signatures
Requested By Date
Depa
2v2
Date
0
nt D ector Date
, bb..�w..
16 — 7,g -dr
Financ Internal Services Director Date
Mayor
z
Date
Type:
Budget Office Use Only
B C E
Posted to General Ledger
Posted to Project Accounting
Entered in Category Log
Initial Date
Initial Date
Initial Date
David Jurgens
Submitted By
City of Fayetteville
Staff Review Form
City Council Agenda Items
or
Contracts
10/21/2008
City Council Meeting Date
Water/Wastewater
Division
Action Required:
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Water/Wastewater
Department
Resolution authorizing the Mayor to accept a $286,000 State and Tribal Assistance Grant (STAG) from the US
Environmental Protection Agency for sanitary sewer system improvements and approving a budget adjustment
effective upon receipt of the grant.
(286,000)
Cost of this request
5400.5700.5815.00
Account Number
02017
Project Number
Budgeted Item
XX
5,738,641
Category / Project Budget
2,659,010
Funds Used to Date
$ 3,079,631
Remaining Balance
Budget Adjustment Attached
Depadtm nt Di ctor
,®
City Attorney
-1 o., C\ 0. • CLL
Finance and Internal Service Director
3 0 4—o5
Date
ate
Io -8 -os
Date
Date
Sanitary Sewer Rehabilitation
Program Category / Project Name
Sewer Mains Construction
Program / Project Category Name
Water/Sewer
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
125-08
17 -Jun -08
N/A
Received in City Clerk's Offic
ID -3-08 (.W) EN D
Received in Mayor's Office
Comments:
ye .yi.le
CONTRACT REVIEW MEMO
To: Fayetteville City Council
Thru: Mayor Dan Coody
City Council Meeting of October 21, 2008
From: David Jurgens, Water and Wastewater Director
Fayetteville Sewer Committee
Date: October 3, 2008
Subject: Resolution authorizing the Mayor to accept a $286,000 State and Tribal Assistance Grant
(STAG) from the US Environmental Protection Agency for sanitary sewer system improvements
and approving a budget adjustment effective upon receipt of the grant
RECOMMENDATION
Fayetteville City Administration recommends approval of a resolution authorizing the Mayor to
accept a $286,000 State and Tribal Assistance Grant (STAG) from the US Environmental Protection
Agency for sanitary sewer system improvements and approving a budget adjustment effective upon
receipt of the grant.
BACKGROUND
Fayetteville has been notified that it will be the recipient of S286,000 in USEPA Grant Assistance
from the State and Tribal Assistance Grant Program for 2008. This is the fifth of six years that the
City has received similar grants. This EPA grant funding was requested for sanitary sewer
rehabilitation and is proposed to be merged into the City's ongoing sewer rehabilitation funding to
accelerate the program. The EPA grant provides a maximum of 55% of the costs, with the
remaining 45% ($234,000) being the required local match. The 2003 - and 2004 grant funds are
committed to the Basin 1-5 sanitary sewer rehabilitation construction that is currently underway.
2005 grant funds were spent in the Farmington rehabilitation. 2006 grant funds are being spent in
the manhole rehabilitation project currently underway.
By Resolution 125-08 on 17 June 2008, the City Council approved application for this grant and
designating the Mayor as the City's Authorized Representative in all matters relating thereto.
DISCUSSION
A sanitary sewer evaluation study (SSES) is underway with a study being executed in the southern
portions of Fayetteville and in Greenland It is anticipated that these grant funds will be combined
with the existing sewer rehabilitation project budget, and used for the rehabilitation design and
construction based on this SSES.
BUDGET IMPACT
Sanitary sewer rehabilitation is a budgeted project. The 2008 EPA Grant proceeds will be combined
with the City's budgeted funds. A budget adjustment recognizing $286,000 in grant revenue is
attached and will be finalized when the actual grant approval is received.
STAG Grant 08 Accept CC Memo Oct08
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A
STATE AND TRIBAL ASSISTANCE GRANT (STAG) IN THE
AMOUNT OF $286,000.00 FROM THE U. S. ENVIRONMENTAL
PROTECTION AGENCY FOR SANITARY SEWER SYSTEM
IMPROVEMENTS; AND APPROVING A BUDGET ADJUSTMENT
EFFECTIVE UPON RECEIPT OF SAID GRANT.
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 authorizes the Mayor to accept a State and Tribal Assistance Grant
(STAG) in the amount of $286,000.00 from the U. S. Environmental Protection
Agency for sanitary sewer system improvements.
Section 2. That the City Council of the City of Fayetteville, Arkansas
hereby approves a Budget Adjustment recognizing the grant revenue, to be
effective upon the receipt of said grant.
PASSED and APPROVED this 21st day of October, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
(10/3/2008) Lori Johnson - RE: STAG 08 Application Page 7
From: <Patel.Raten@epamail.epa.gov>
To: "Lori Johnson" <Ilohnson@ci.fayetteville.ar.us>
Date: 10/3/2008 1:30 PM
Subject: RE: STAG 08 Application
Attachments. SAAP Guidance 2008 final signed.pdf
CC: "David Jurgens"<dturgens@ci.fayetteville.ar.us>, gayne.dooley@arkansas
Lori,
The "earmarked amount" as per the final singed FY 08 SAAP guidance is
$286,000 » (See attached file: SAAP Guidance 2008 final signed.pdf)
I have finished the funding recommendation paper work but the budget
work (accounting) is not done and the grant money will not be back to
Region 6 till the end of this month. So, I will have to hold off on
the commitment notice (grant $ commitment) till later part of this
month.
I will let you know as soon as the award is finalized and signed.
Rajen Patel, ChIMM, EIT
Water Infrastructure Project Engineer
USEPA Region VI, Dallas, TX
214-665-2788
"Lori Johnson"
<gohnson@ci.fay
etteville.ar.us> To
Rajen Patel/R6/USEPA/US@EPA
10/03/2008 12:16 cc
PM 'David Jurgens"
<dt u rge n s @ ci. fayetteville. a r. u s>
Subject
RE: STAG 08 Application
Dear Raj,
We normally receive these grants within a few days of today What is the
status of the grant, and what is the exact amount? We show two numbers:
$268,400 and $268,000.
Thank you for your help -
Lori
(10/3/2008) Lori Johnson - RE: STAG 08 Application -& Page 2
Lori Johnson
City of Fayetteville
113 W Mountain
Fayetteville, AR 72701
479-718-7670
»> <Patel.Rajen@epamail.epa.gov> 6/25/2008 12:31 PM »>
Lori,
Your email says you have mailed the original grant application to me
yesterday.
I hope it arrives before Friday noon. So, that I can take it down to
our grants office for their log in.
The deadline is July 14 and I will be back July 15.
If the application reaches my office after this Friday, I will ask Gene
Wossum to process it on my behalf. In that case, he will send it to
our Grants office.
Gene: I will let you know if I have not received the application by
Friday noon. Thank you.
Rajen Patel, CHMM, EIT
Water Infrastructure Project Engineer
USEPA Region VI, Dallas, TX
214-665-2788
"Lori Johnson"
<Ijohnson@ci.fay
etteville.ar.us> To
"Jayne Dooley"
06/24/2008 02:36 <Jayne.Dooley@arkansas.gov>
PM cc
Rajen Patel/R6/USEPA/US@EPA
Subject
RE: STAG 08 Application
Thanks for you help, Jayne. I appreciate you forwarding him the
10/3/2008) Lori Johnson - RE: STAG 08 Application Pags2j
Lori Johnson
City of Fayetteville
113 W Mountain
Fayetteville, AR 72701
479-718-7670
»> <Patel.Rajen@epamail.epa.gov> 6/25/2008 12:31 PM »>
Lori,
Your email says you have mailed the original grant application to me
yesterday.
I hope it arrives before Friday noon. So, that I can take it down to
our grants office for their log in.
The deadline is July 14 and I will be back July 15.
If the application reaches my office after this Friday I will ask Gene
Wossum to process it on my behalf. In that case, he will send it to
our Grants office.
Gene: I will let you know if I have not received the application by
Friday noon. Thank you.
Rajen Patel, CHMM, EIT
Water Infrastructure Project Engineer
USEPA Region VI, Dallas, TX
214-665-2788
"Lori Johnson"
<Itohnson@ci.fay
etteville.ar.us> To
"Jayne Dooley"
06/24/2008 02:36 <Jayne.Dooley@arkansas.gov>
PM cc
Rajen Patel/R6/USEPA/US@EPA
Subject
RE: STAG 08 Application
•
Thanks for you help, Jayne. 1 appreciate you forwarding him the
10/3/2008) Lori Johnson - RE: STAG 08 Application �4J Page 2
Lori Johnson
City of Fayetteville
113 W Mountain
Fayetteville, AR 72701
479-718-7670
»> <Patel.Rajen@epamail.epa.gov> 6/25/2008 12:31 PM »>
Lori,
Your email says you have mailed the original grant application to me
yesterday.
I hope it arrives before Friday noon. So, that I can take it down to
our grants office for their log in.
The deadline is July 14 and I will be back July 15.
If the application reaches my office after this Friday, I will ask Gene
Wossum to process it on my behalf. In that case, he will send it to
our Grants office.
Gene: I will let you know if I have not received the application by
Friday noon. Thank you.
Rajen Patel, CHMM, EIT
Water Infrastructure Project Engineer
USEPA Region VI, Dallas, TX
214-665-2788
"Lori Johnson"
<Ijohnson@ci.fay
etteville.ar.us> To
"Jayne Dooley"
06/24/2008 02:36 <Jayne.Dooley@arkansas.gov>
PM cc
Rajen Patel/R6/USEPA/US@EPA
Subject
RE: STAG 08 Application
Thanks for you help, Jayne. I appreciate you forwarding him the
(10/3/2008) Lori Johnson - RE STAG 08 Application Page 3
application.
Raj, an original and one copy are being mailed to your attention
»> "Jayne Dooley" <Jayne.Dooley@arkansas.gov> 6/24/2008 2:21 PM »>
Lori, send the original to Raj Patel and this should speed things up.
He is leaving Friday for vacation and won't be back until July 15th.
I am sending this email to him also and attaching the application. But
send him the original
His email is Patel.Rajen@epamail.epa.gov
Rajen G. Patel, CHMM
Mail Code - 6WQ - AP
U.S. EPA - Region 6
1445 Ross Avenue
Dallas, TX 75202
(Embedded image moved to file: pic31122.gif)
Jayne Dooley
Grants Coordinator
Arkansas Natural Resources Commission
101 East Capitol, Suite 350
Little Rock, AR 72201
501-682-0550
jayne.dooley@arkansas.gov
From: Lori Johnson[mailto:Ijohnson@ci.fayetteville.ar.us]
Sent: Tuesday, June 24, 2008 2:08 PM
To: Jayne Dooley; hkelso@rjn com
Subject: STAG 08 Application
Hugh and Jayne -
Attached is the STAG 08 application that I'm mailing to the State
Clearinghouse and EPA today. Hard copies are in the mail to you both
today.
-Lori
Clarice Pearman - Res. 194-08
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Jurgens, David
10.29.08 1:15 PM
Res. 194-08
Audit; Fell, Barbara
Audit; Fell, Barbara
Page 1of1
David:
Attached is a copy of the above resolution regarding the STAG acceptance. I will forward your budget adjustment to Budget &
Research. Please let me know if there is anything else needed for this item.
Have a good day.
Clarice
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U.S ENVIRONMENTAL
PROTECTION AGENCY
Cooperative Agreement
ASSISTANCE ID NO.
AWARD
PRG
DOC ID 'AMENDS
DATE OF
01/15/2009TYPE
XP - 96673701 - o
OF ACTION
New
MAILING DATE
01222009
PAYMENT
ACH
METHOD:
ACNE
66890
RECIPIENT TYPE:
Send Payment Request to:
Municipal
Las Vegas Finance Center
RECIPIENT:
PAYEE:
City of Fayetteville
City of Fayetteville
113 West Mountain Street
113 West Mountain Street
Fayetteville, AR 72701
Fayetteville, AR 72701
EIN: 71-6018462
PROJECT MANAGER
EPA PROJECT OFFICER
EPA GRANT SPECIALIST
David Jurgens
Rejen Patel
Sharon Beets
113 West Mountain Street
1445 Ross Avenue, Suite 1200, 6(WQ-AP)
Grant Programs Section, (6MD-CG)
Fayetteville, AR 72701
Dallas, TX 76202.2733
E -Mail: Beets.Sharon@epenell,epagov
E -Mall: djurgensecl.fayetteville.ar.us
E -Mall: Patel.Rajeneeparnail.epagov
Phone: 214-665-2207
Phone: 479-575-8318
Phone: 214-665.2788 .
PROJECT TITLE AND DESCRIPTION .
Arkansas - City of Fayetteville-Sahltary Sewer Rehab' Italian (FY2008 STAG earmark)
The project will Include the rehabilitation of sanitary sewer manholes end sewer lines that will be Identified In the Sanitary Sewer Evaluation Study currently underway
In Southern FayetteNlle/Greenland. These basins contain approximately 850 manholes and 175,000 liner feet of sewer line. The acevlties funded by this grant will
only include the construction related activities, I.e, manhole repair and sewer pipeline rehabilitation utilizing [1] open cut replacement [2] cured -In-place piping [3] and
pipe bursting methods.
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
01/01/2009 - 12/31/2010
01/01/2009 - 12/31/2010
$520,000.00
$520,000.00
NOTICE OF AWARD
Based on you application dated 06/18/2008, inducting all modifications and amendments; the United States acting by and through the US Environmental Protection
Agency (EPA), hereby awards $286,000. EPA agrees to cost -share mio0%of all approved budget period costs Incurred, up to and not exceeding total federal
funding of $286,000. Such award may be terminated by EPA without further cause If the recipient fails. to provide timely affirmation of the award by signing under the
Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below Within 21 days after receipt, or any extension of
time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions we 40 CFR Chapter 1,
Subchapter 8, and all terms and conditions of this agreement and any attachments.
ISSUING OFFICE (GRANTS MANAGEMENT OFFICE)
AWARD APPROVAL OFFICE
ORGANIZATION / ADDRESS
ORGANIZATION / ADDRESS
Grant Programs Section, BMD -CG
U.S. EPA, Region 6
1445 Ross Avenue, Sulte 1200
Water Quality Protection Melon (6WQ)
Deltas, TX 75202-2733
1445 Ross Avenue, Suite 1200
Dallas, TX 75202-2733 •
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL
PROTECTION AGENCY
SIGNATURE OF AWARD OFFICIAL
TYPED
NAME AND
TITLE
DATE
Digital signature applied by EPA Award Official
Hattie Bram, Chief Grant Programs Section
01/15/2009
AFFIRMATION OF AWARD
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE
�,/
TYPED NAME AND TITLE
DATE 6
�,(1"
Com% �7r!!�"
"-"
Lioneld Jordan, Mayor of Feyettevifle
��/
EPA Funding Information
XP 96673701 - 0 Page 2
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount Thls Action
40 CFR PART 31
$
$ 286,000
$ 286,000
EPA In -Kind Amount
$
$
$ 0
Unexpended Prior Year Balance
$
060000M
$
$ 0
Other Federal Funds
$
286,000
$
$ 0
Recipient Contribution
$
$
$ 0
State Contribution
$
$
$ 0
Local Contribution
$
$ 234,000
$ 234,000
Other Contribution
$
$
$ 0
Allowable Project Cost
$ 0
$ 520,000
$ 520,000
Assistance Program (CFDA)
Statutory Authority
Regulatory Authority
66.202 - Congressionally Mandated Projects
Consolidated Appropriations Act of 2008 P.L.
110-161
40 CFR PART 31
Fiscal
Site Name
Req No
FY
Approp.
Code
Budget
Organization
PRC
Object
Class
Site/Project
Cost
Organization
Obligation /
Deobligation
0906WA0007
09
E4C
060000M
202B51E
4192
-
-
286,000
286,000
XP - 96673701 •0 Page 3
Approved
Budget
Program Element Classification (Construction)
Approved Allowable Budget Period Cost
1. Administration Expense
$0
2. Preliminary Expense
$0
3. Land Structure, Right Of Way
-
$0
4. Architectural Engineering Basic Fees
$0
5. Other Architectural Engineering Fees
$0
6. Project
Inspection Fees
$0
7. Land Development
$0
8. Relocation Expenses
$0
9. Relocation Payments to Individuals & Bus.
$0
10. Demolition and Removal
$0
11. Construction and Project
Improvement
$520,000
12. Equipment
$0
13. Miscellaneous
$0
14. Total (Lines 1 thru 13)
$520,000
15. Estimate Income
$0
16. Net Project
Amount (Line 14 minus 15)
$520,000
17. Less: Ineligible Exclusions
$0
18. Add: Contingencies
$0
19. Total (Share: Recip 45.00 %Fed 55.00%)
$520,000
20. TOTAL APPROVED ASSISTANCE
AMOUNT
$286,000
XP - 96673701 - 0 Page 4
Administrative Conditions
GENERAL CONDITIONS
This Assistance Agreement is awarded in accordance with the Federal Grants and Cooperative
Agreement Act of 1977. Areas of substantial EPA involvement, beyond the normal exercise of
performance evaluation and program review, have been detailed in specific output objectives which
resulted from negotiation between EPA and the recipient. These areas are included in the application for
this award and have become a part of this Agreement.
1. The recipient covenants and agrees that it will expeditiously initiate and timely complete the project
work for which assistance has been awarded under this Agreement, in accordance with all applicable
provisions of 40 CFR Chapter 1, Subchapter B. The recipient warrants, represents, and agrees
that it and all its contractors, employees and representatives, will comply with all APPLICABLE
provisions of 40 CFR Chapter 1, Subchapter B, INCLUDING BUT NOT LIMITED TO the
provisions of 40 CFR Parts 31, 32, 33, 34 and 35. This award may be reduced or terminated at
such time the recipient fails to comply with the program objectives, grant award conditions, or
Federal reporting requirements.
2. Recipient standards of administration, property management, procurement and financial
management, as well as records and facilities of recipients, their contractors and subcontractors are
subject to audit and inspection by the Comptroller General of the United States and the U.S.
Environmental Protection Agency in accordance with Office of Management and Budget (OMB)
Circulars A-87, A-102, or A-110, as appropriate, A-133 and 40 CFR Part 31. The recipient's
standards governing procurement will be in accordance with 40 CFR, Part 31.36, Part 33 and OMB
Circular A-102. The recipient shall maintain a financial management system which meets the
requirements of 40 CFR Part 31.20.
3. The Federal share of allowable expenditures chargeable to this assistance project will be financed by
the EPA AUTOMATED CLEARING HOUSE (EPA -ACI -1) PAYMENT SYSTEM or U.S. TREASURY
AUTOMATED STANDARD APPLICATION FOR PAYMENTS (ASAP) SYSTEM.
The recipient will strictly adhere to the accounting and reporting procedures described in the
EPA-ACH Recipient's Manual for the duration of the project. Four conditions should receive special
attention:
a. Cash drawdowns will be made only as actually needed for disbursements.
b. The recipient will provide timely reporting of cash disbursements and balances through annual
submission (within fifteen (15) working following the end of each calendar year) of the Federal
Cash Transactions Report (SF -272) to:
U.S. Environmental Protection Agency
Las Vegas Finance Center
P.O. Box 98515
Las Vegas, Nevada 89193-8515
Website: www.epa.gov/ocfo/finservices/payinfo.htm
c. The recipient will impose the same standards of timing and reporting on secondary recipients, if
any.
SPECIAL NOTE: When a drawdown under the EPA-ACH Payment System occurs, the recipient
must show the Assistance Agreement Number(s) under "Financial Data" on the EPA-ACH Payment
Request Form. Requests for payment should be faxed to:
(702) 798-2423
Las Vegas Finance Center
Attention: Region 6 Financial Specialist
4. EPA's FINANCIAL OBLIGATIONS: EPA's financial obligations to the recipient are limited by the
amount of federal funding awarded to date as shown on line 15 in its EPA approved budget. If the
recipient incurs costs in anticipation of receiving additional funds from EPA, it does so at its own risk.
5. PAYMENT TO CONSULTANT: EPA participation in the salary rate (excluding overhead) paid to
individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be
limited to the maximum daily rate for a Level IV of the Executive Schedule (formerly GS -18), to be
adjusted annually. This limit applies to consultation services of designated individuals with specialized
skills who are paid at a daily or hourly rate. As of January 1 2009, the limit is $587.20 per day and
$73.40 per hour. This rate does not include transportation and subsistence costs for travel performed (the
recipient will pay these in accordance with their normal travel reimbursement practices).
Subagreements with firms for services which are awarded using the procurement requirements in 40
CFR 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide
the recipient with responsibility for the selection, direction, and control of the individuals who will be
providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.360) or
30.27(b).
6, UTILIZATION OF SMALL. MINORITY AND WOMEN'S BUSINESS ENTERPRISES
GENERAL COMPLIANCE, 40 CFR, Part 33
The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small,
Minority and Women's Business Enterprises in procurement under assistance agreements,
contained in 40 CFR, Part 33.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee, air share
objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial
assistance agreements.
Accepting the Fair Share Objectives/Goals of Another Recipient
The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount
of all of the recipient's non -TAG assistance agreements from EPA in the current fiscal year is
$250,000, or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals
negotiated with EPA by the Arkansas Department of Environmental Quality as follows:
MBE: CONSTRUCTION - 2.97; SUPPLIES - 1.63; SERVICES - 1.74; EQUIPMENT - 3.15%
WBE: CONSTRUCTION - 2.59%; SUPPLIES - 3.88%; SERVICES - 6.21%; EQUIPMENT - 5.57%
By signing this financial assistance agreement, the recipient is accepting the fair share
objectives/goals stated above and attests to the fact that it is purchasing the same or similar
construction, supplies, services and equipment, in the same or similar relevant geographic
buying market as Arkansas Department of Environmental Quality
Negotiating Fair Share Objectives/Goals, 40 CFR,.Section 33.404
The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the
recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees
to submit proposed MBE/WBE objectives/goals based on an availability analysis, or disparity
study, of qualified MBEs and WBEs in their relevant geographic buying market for construction,
services, supplies and equipment
The submission of proposed fair share goals with the supporting analysis or disparity study
means that the recipient is not accepting the fair share objectives/goals of another recipient.
The recipient agrees to submit proposed fair share objectives/goals, together with the supporting
availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of
its acceptance of the financial assistance award. EPA will respond to the proposed fair share
objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals
are not received within the 120 day time frame, the recipient may not expend its EPA funds for
procurements until the proposed fair share objective/goals are submitted.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts
whenever procuring construction, equipment, services and supplies under an EPA financial
assistance agreement, and to require that sub -recipients, loan recipients, and prime contractors also
comply. Records documenting compliance with the six good faith efforts shall be retained:
(a) Require DBEs are made aware of contracting opportunities to the fullest extent practicable
through outreach and recruitment activities. For Indian Tribal, State and Local and Government
recipients, this will include placing DBEs on solicitation lists and soliciting them whenever they
are potential sources.
(b) Make information on forthcoming opportunities available to DBEs and arrange time frames
for contracts and establish delivery schedules, where the requirements permit, in a way that
encourages and facilitates participation by DBEs in the competitive process. This includes,
whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days
before the bid or proposal closing date.
(c) Consider in the contracting process whether firms competing for large contracts could
subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will
include dividing total requirements when economically feasible into smaller tasks or quantities to
permit maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of
these firms to handle individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency
of the Department of Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in
paragraphs (a) through (e) of this section.
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700-52A, "MBE/WBE Utilization Under
Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the
Federal fiscal year reporting period the recipient receives the award, and continuing until the
project is completed. Only procurements with certified MBE/WBEs are counted toward a
recipient's MBE/WBE accomplishments. The reports must be submitted semiannually for
the periods ending March 31`' and September 30m for:
Recipients of financial assistance agreements that capitalize revolving loan programs
(CWSRF, DWSRF, Brownfields); and
All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 351
Subpart A and Subpart B recipients are annual reporters).
The reports are due within 30 days of the end of the semiannual reporting periods (April
30th and October 30th). Reports should be sent to Region 6 DBE Coordinator Debora
Bradford. Final MBE/WBE reports must be submitted within 90 days after the project
period of the grant ends. Your grant cannot be officially closed without all MBE/WBE
reports.
EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home
Page on the Internet at www.epa.gov/osbp
CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302
The recipient agrees to comply with the contract administration provisions of 40 CFR, Section
33.302.
BIDDERS LIST, 40 CFR, Section 33.501(b) and (c)
Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree
to create and maintain a bidders list. Recipients of an EPA financial assistance agreement to
capitalize a revolving loan fund also agree to require entities receiving identified loans to create
and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow,
competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific
requirements and exemptions.
7. DRUG-FREE WORKPLACE CERTIFICATION: The recipient organization of this EPA assistance
agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the
specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally, in accordance with these
regulations, the recipient organization must identify all known workplaces under its federal awards, and
keep this information on file during the performance of the award.
Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR.
36.300.
The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can
access the Code of Federal Regulations (CFR) Title 40 Part 36 at
http://www.access.gpo.gov/nara/cfr/waisidx 06/40cfr36 06.html.
8. FULLY FUNDED EARMARKS: For fully funded agreements based on an earmark: EPA is fully
funding this assistance agreement based on the terms of a congressional earmark. If future earmarks
are not provided for this project and recipient, supplemental funding for this project is not guaranteed.
9. LOBBYING AND LITIGATION - ALL RECIPIENTS: The chief executive officer of this recipient
agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in
lobbying of the Federal Government or in litigation against the United States unless authorized under
existing law. The recipient shall abide by its respective OMB Circular (A-21, A-87, or A-122), which
prohibits the use of federal grant funds for litigation against the United States or for lobbying or other
political activities.
LOBBYING - The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying .
The recipient shall include the language of this provision in award documents for all subawards
exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited
expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure.
10. MANAGEMENT FEES: Management fees or similar charges in excess of the direct costs and
approved indirect rates are not allowable. The term "management fees or similar charges" refers to
expenses added to the direct costs in order to accumulate and reserve funds for ongoing business
expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance
agreement. Management fees or similar charges may not be used to improve or expand the project
funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of
work.
11. RECYCLED PAPER AND DOUBLE SIDED PRINTING: In accordance with the polices set forth in
EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and
Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double
sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This
requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which
are printed on recycled paper and are available through the General Services Administration.
12. RESPONSIBILITIES OF PARTICIPANTS REGARDING TRANSACTIONS (DOING BUSINESS
WITH OTHER PERSONS): Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part
1532, entitled 'Responsibilities of Participants Regarding Transactions (Doing Business with Other
Persons)." Recipient is responsible for ensuring that any lower tier covered transaction as described in
Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or
condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion
of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges
that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation
of this assistance agreement, or pursuance of legal remedies, including suspension and debarment.
13. DEBARMENT AND SUSPENSION: Recipient may access the Excluded Parties List System at
www.eols.gov. This term and condition supersedes EPA Form 5700-49, 'Certification Regarding
Debarment, Suspension, and Other Responsibility Matters."
14. TRAFFICKING VICTIMS PROTECTION ACT OF 2000: To implement requirements of Section 106
of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this
award
a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a
subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the
Prohibition Statement below; or (2) has an employee who is determined by the agency official authorized
to terminate the award to have violated an applicable prohibition in the Prohibition Statement below
through conduct that is either: (a) associated with pertormance under this award; or (b) imputed to the
subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide
Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532.
You must inform us immediately of any information you receive from any source alleging a violation of a
prohibition in the Prohibition Statement below.
b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements
section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this
award.
c. You must include the requirements of the Prohibition Statement below in any subaward you make to a
private entity.
Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and
subrecipients' employees may not engage in severe forms of trafficking in persons during the period of
time that the award is in effect; procure a commercial sex act during the period of time that the award is
in effect; or use forced labor in the pertormance of the award or subawards under the award.
15. UNLIQUIDATED OBLIGATIONS (Part 31): Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA
recipients shall submit a final Financial Status Report — also called the SF269 — to EPA's Las Vegas
Finance Center (LVFC), within ninety (90) days after the expiration of the budget period end date.
Completed SF269s must be faxed to 702-798-2423 or mailed to the following address: USEPA LVFC,
P.O. Box 98515, Las Vegas, NV 89193-8515. The LVFC will make adjustments, as necessary, to
obligated funds after reviewing and accepting a final Financial Status Report. Recipients will be notified
and instructed by EPA if they must complete any additional forms for the closeout of the assistance
agreement.
EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not
comply with this term and condition.
16. PRESERVATION OF OPEN COMPETITION EXECUTIVE ORDER 13202: The assistance recipient
agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg. 11225) of February 17,
2001, entitled "Preservation of Open Competition and Government Neutrality Towards Government
Contractors' Labor Relations on Federal and Federally Funded Construction Projects," as amended by
Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled "Amendment to
Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards
Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects."
17. OMB CIRCULAR A-133 SINGLE AUDIT ACT: In accordance with OMB Circular A-133, which
implements the single Audit Act the recipient hereby agrees to obtain a single audit from an independent
auditor 1 it expends $500,000 or more in total Federal funds in any fiscal year Within nine months after
the end of a recipient's fiscal year or 30 days after receiving the report from the auditor, the recipient
shall submit a copy of the SF -SAC and a Single Audit Report Package. For fiscal periods 2002 to
2007 recipients are to submit hardcopy to the following address:
Federal Audit Clearinghouse
1201 East 10th Street
Jeffersonville, IN 47132
For fiscal periods 2008 and beyond the recipient MUST submit a copy of the SF -SAC and a Single
Audit Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. Complete
information on how to accomplish the 2008 and beyond Single Audit Submissions you will need to visit
the Federal Audit Clearinghouse Web site: http://harvester.census.aov/fac/
Programmatic Conditions
1. This award is subject to all applicable Federal crosscutting laws and authorities as well as EPA, Office
of Wastewater Management, policy guidance dated June 17, 2008 (provided to the recipient via email in
June, 2008).
2. In accordance with 40 C.F.R. §31.40, the recipient agrees to submit performance reports that include
brief information on each of the following areas: 1) a comparison of actual accomplishments to the
outputs/outcomes established in the assistance agreement workplan for the period; 2) the reasons for
slippage if established outputs/outcomes were not met; and 3) additional pertinent information, including,
when appropriate, analysis and information of cost overruns or high unit costs. Performance Reports
must adequately address progress in achieving agreed-upon project/program outputs and environmental
outcomes.
3. The recipient agrees to submit proposed and existing procurement actions, including subcontracts,
that will use EPA assistance for review as soon as available. All procurement actions must comply with
the provisions of 40 CFR Part 31, specifically 40 CFR 31.36.
4. The recipient also agrees to provide forty-five (45%) percent of project costs with nonfederal matching
funds, unless the grant recipient seeks and obtains an approval of exception to this 45% match
requirement from appropriate EPA Headquarters.
5. The recipient will work with the EPA Las Vegas Finance Center (LVFC) to set up the U.S. Department
of Treasury's Automated Standard Application For Payment (ASAP) system. ASAP is an electronic
payment system that the recipient will access via the Internet. Once enrolled in ASAP, the recipient
should contact its EPA Project Officer (PO) for instructions on submitting the payment requests. The
recipient will submit the reimbursement request Standard Form (SF) 271, (a copy of which is included
with the SAAP CD previously provided) and appropriate invoices to its State Project Manager of the
Arkansas Natural Resource Commission (ANRC) for recommending approval to the EPA PO. When the
EPA PO approves the payment, the EPA PO will inform LVFC to release the approved amount from the
ASAP system.
If the recipient has not completed the enrollment process for ASAP and is requesting payment, the
recipient should contact its EPA PO to obtain instructions for setting up the Dual Signatory Process in the
EPA Automated Clearing House (ACH) payment system. Once the recipient has been set up in ACH,
the recipient will submit the reimbursement request SF271 along with the appropriate invoices to the
ANRC's Project Manager for recommending approval to EPA PO. Please note that recipients using
ACH will be required to complete their enrollment in the ASAP system. Once enrolled in the ASAP
system, the recipient will follow the procedures outlined in the paragraph above.
6. Federal laws and regulations shall apply except in those cases where State requirements are more
stringent than
Federal requirements. Where questions arise as to applicability, the EPA Project Officer should be
contacted.
7. Project management and execution will be very closely monitored by EPA representatives and/or their
delegates throughout the assistance agreements project and budget periods. Effective implementation
of the scope of work involves a jointly supported strong ongoing collaboration between the recipient and
EPA. Technical assistance and coordination will be routine. EPA or its delegate and the recipient will
maintain a continuous dialogue for the rapid identification, solution, and escalation of problems to top
level managers.
In addition, EPA's State representatives (ANRC) will be specifically responsible for assuring that
the following post -award activities take place:
Review of periodic payment requests;
Interim inspections;
Review of change orders and claims;
Review and approval of final payment requests;
Analysis of environmental review documents for NEPA compliance, if appropriate; and
Determination that the project is capable of meeting its objectives.
Also, EPA representatives will assure that the recipient understands and meets
requirements related to the National Environmental Policy Act and numerous cross -cutting
Federal authorities.
8. The EPA Region 6 "Supplemental Conditions for Federally Assisted Water and Wastewater Treatment
Facilities" attached hereto as Attachment A, must be included in all construction contract bidding
documents, and shall control where a conflict arises with other contract provisions. Certain provisions
also pertain to professional services contracts, and these provisions must be applied as appropriate. In
addition, the recipient agrees to require the prime contractor to complete the EPA Form 6100 4 DBE
Subcontractor Utilization Form and provide its DBE subcontractors with the EPA Forms 6100-2 and
6100-3, DBE Subcontractor Participation Form and Subcontractor Performance Form. These forms
have been provided (via email) to the recipient.
9. Executed site certificate(s) shall be submitted to the ANRC's Project Engineer, as evidence that sites,
easements and rights-of-way have been acquired.
10. The recipient will ensure that any design and construction performed under this assistance
agreement shall be consistent with the EPA document, Guidance on Quality Assurance for
Environmental Technology, Design, Construction and Operation (EPA OA/G-11) - included in the CD
provided to the recipient.
11. All of the following must be submitted to and approved by EPA or its delegate (ANRC), before the
recipient may advertise for bids for construction.
a. Plans and specifications and addenda to the plans and specifications.
b. Architect/Engineer (NE) agreement for construction services.
c. A project schedule.
All change orders executed after the award of contract must be submitted and approved by ANRC.
12. The recipient understands that procurement of equipment with grant funds is subject to the provisions
of EPA regulations at 40 CFR 31.32.
13. The recipient agrees that only water/wastewater infrastructure facilities that are or will be owned by
the grant or subgrant recipient are eligible for grant funding. For example, this means that house laterals
(the sewer line from the collection system to the house) and drinking water service lines (the line from
the drinking water distribution system to the house) must be owned by the grantee or subgrantee in order
for these facilities to be eligible for grant funding. The ownership requirement applies to new
construction, as well as the rehabilitation of existing facilities, and to infiltration/inflow correction
associated with the existing sewer lines, including house laterals. The grantee or subgrantee can have
ownership by either fee simple title, or by the issuance of an enforceable easement with right of access.
Since the grantee or subgrantee has ownership of these facilities, the grantee or subgrantee would be
responsible for the operations and maintenance for the design life of those facilities. Additionally, the
grantee or subgrantee could not transfer ownership of the facilities to any entity without written approval
from the EPA.
14. The recipient understands that the use of the recipient's work force to perform grant -funded
construction is subject to the provisions of OMB Circular No. A-87. The recipient agrees that the rates
paid for direct labor and the types of fringe benefits for recipient's work force performing grant -funded
construction will be in accordance with normal rates and benefits applicable to similar work performed by
the recipient's work force. The recipient agrees to maintain adequate file information to support both the
basis for pay rates and benefits, and the total costs charged to the grant.
Clarice Pearman - EPA Agreement
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Jurgens, David
2.3.09 4:12 PM
EPA Agreement
Audit
Audit
Page 1 of 1
David:
Attached is a copy of your US EPA Cooperation Agreement regarding the sewer rehabilitation. Please let me know if there is
anything else needed for this item. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC, CAMC
City Clerk/Treasurer Division
479-575-8309
cpearman@ci.fayetteville.ar.us
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp\XPgrpwise\49886CE0FA... 2.3.09