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HomeMy WebLinkAbout209-09 RESOLUTIONRESOLUTION NO. 209-09 A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A STATE AND TRIBAL ASSISTANCE GRANT (STAG) IN THE AMOUNT OF $291,000.00 FROM THE U. S. ENVIRONMENTAL PROTECTION AGENCY FOR SANITARY SEWER SYSTEM IMPROVEMENTS; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE. 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 $291,000.00 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. PASSED and APPROVED this 6th day of October, 2009. APPROVED: B ATTEST: By: LD JO i>T , Mayor SONDRA E. SMITH, City Clerk/Tpm er 0-'-RIC/TR '�... ztG\' ,\S Y O,c s&,p .yoi. • • A; :F.A:ETTANEVs1L.LE)).%s,RPirJam' �''y;;YGTON �g "%` David Jurgens Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 10/6/2009 City Council Meeting Date Agenda Items Only Utilities Division Action Required: Water/Wastewater Department Resolution authorizing the Mayor to accept a $291,000 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 funds. (291,000.00) Cost of this request 5400.5700.5815.00 Account Number 02017 Project Number Budgeted Item 3,470,013.00 Category / Project Budget Sanitary Sewer Rehabilitation Program Category / Project Name 640,774.09 Sewer Main Construction Funds Used to Date Program / Project Category Name 2,829,238.91 Remaining Balance Budget Adjustment Attached XX Water/Sewer Fund Name Depa ctor City Attorney and Int mal Services Director II Date Date Date Previous Ordinance or Resolution # 144-09 Original Contract Date: 7/7/2009 Original Contract Number: N/A Received i Clerk's 1 City Comments: Revised January 15, 2009 aye evi le CITY COUNCIL AGENDA MEMO City Council Meeting of October 6, 2009 To: Fayetteville City Council Thru: Mayor Lioneld Jordan Don Marr, Chief of Staff From: David Jurgens, Utilities Director Water and Sewer Committee Date: September 18, 2009 crb Subject: Resolution authorizing the Mayor to accept a $291,000 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 funds RECOMMENDATION Fayetteville City Administration recommends approval of a resolution authorizing the Mayor to accept a $291,000 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 funds. BACKGROUND Fayetteville has been notified by Arkansas Natural Resources Commission that it is the recipient of $291,000 in USEPA Grant Assistance from the STAG Program for 2009. This is the sixth of seven 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% ($238,090) being the required local match. By Resolution 144-09 on 7 July 09 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) was completed in 2009 in the southern portions of Fayetteville and in Greenland. These grant funds will be used for the rehabilitation design and construction based on the results of the 2009 SSES as well as for system -wide cured in place pipe lining. BUDGET IMPACT Sanitary sewer rehabilitation is a budgeted project. The 2009 EPA Grant proceeds will be combined with the City's budgeted funds. A budget adjustment recognizing $291,000 in grant revenue is attached and will be finalized when the actual grant approval is received. STAGO9 Accept CCMemoOct09 RESOLUTION NO. A RESOLUTION AUTHORIZING THE MAYOR TO ACCEPT A STATE AND TRIBAL ASSISTANCE GRANT (STAG) IN THE AMOUNT OF $291,000.00 FROM THE U. S. ENVIRONMENTAL PROTECTION AGENCY FOR SANITARY SEWER SYSTEM IMPROVEMENTS; AND APPROVING A BUDGET ADJUSTMENT RECOGNIZING THE GRANT REVENUE 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 $291,000.00 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. PASSED and APPROVED this 6th day of October, 2009. APPROVED. ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer Page 1 of 2 David Jurgens - FW: Fayetteville FY 2009 grant - correction to the application Form424 From: To: Date: Subject: Jayne Dooley <Jayne.Dooley@arkansas.gov> David Jurgens<djurgens@ci.fayetteville.ar.us> 9/18/2009 7:21 AM FW: Fayetteville FY 2009 grant - correction to the application Form424 David, it looks like the are about to award your grant and that it will be added to the 08 money Jayne K. Dooley Arkansas Natural Resources 101 East Capitol, Suite 350 L.R., AR 72201 501-682-0550 501-682-0561 fax jayne.dooleyarkansas.gov See below. From: Patel.Rajen@epamail.epa.gov[mailto:Patel.Rajen@epamail.epa.gov] Sent: Thursday, September 17, 2009 5:33 PM To: Beets.Sharon@epamail.epa.gov Cc: Jayne Dooley Subject: Fayetteville FY 2009 grant - correction to the application Form 424 Sharon, As per our conversation today, please call it a "continuum" of the existing grant XP 96673701-0. As we add this FY 2009 earmark money to the existing award, it will become XP -96673701-1. For now, we have coded it 2D. Please enter it in IGMS early October, so that I can prepare the FR/CN for this grant. Here is one correction in the grant amount. For item 18(a) and 18(g) on the 424, the amount should be $291,000. On the application it says $300,000. Fayetteville did not deduct the $9000 for the ANRC grant oversight (3% of each SAAP earmark given to state for oversight). So, as per the attached image » Please change it accordingly and attach this email as the basis for such correction. Thank you. Rajen Patel, CHMM, EIT Water Infrastructure Project Engineer USEPA Region VI, Dallas, TX 214-665-2788 file://C:\Documents and Settings\djurgens.CITY\Local Settings\Temp\XPGrpWise\4AB334FC... 9/18/2009 tow n„ )1 rag tri4 gs Seticy UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 MEMORANDUM SUBJECT: FY 2009 Appropriations A JULY 7 2009 OFFICE OF WATER Award of Special Appropriations Act Project Grants Authorized by the Agency's FROM: James A. Hanlon, Dir Office of Wastewat: Man: a r: nt (4201 M) TO: Water Manageme t Divi..n Directors Regions I - X PURPOSE This memorandum provides information and guidelines on how the Environmental Protection Agency (EPA) will award and administer Special. Appropriations Act Project (SAAP) grants identified in the State and Tribal Assistance Grants (STAG) account of the Agency's fiscal year (FY) 2009 Appropriations Act. BACKGROUND . The EPA section of P. L. 111-8, the "Omnibus. Appropriations Act, 2009," also referred to as the Agency's FY 2009 Appropriations Act, includes $145,000,000 in the STAG account for 301 drinking water, wastewater and stormwater infrastructure and water quality protection: projects. Also included in the STAG account as a separate line item is $20,000,000 for the United States -Mexico Border Program. The Joint Explanatory Statement for the FY 2009. Appropriations Act identifies two projects to be funded directly from the .line iters for the United States -Mexico Border Program: "From within the amount provided for the Mexican. Border program, $2,500,000 is directed to El Paso and Brownsville, Texas as in prior years." The FY 2009 Appropriations Act also contains a rescission of $10,000,000 from the STAG appropriation account: The Joint Explanatory Statement directs the Agency to take portion of the rescission from "[b]alances from special project grants appropriated in fiscal year 2002 or earlier that have not been obligated on an approved grant as of July 1, 2009." The specific requirements governing the award of the special projects and programs are contained in the following documents: the FY 2009 Appropriations Act and the Joint • Explanatory Statement for Division E of the FY 2009 Appropriations Act _Department of th Internet Address (URL)• httpilwWN.epa.gov . Recycled/Recyclable •Printed with Vegetable 011 Based Inks on Recycled Paper (Minimum 50% Patonsumrt content) 0 CO 143 MI - The City of Mason. Water Treatment Plant 144 MI The City of Port Huron for a combined sewer overflow control project 145 MI Office of the Oakland County Draln Commissioner, Evergreen -Farmington Sanitary Sewer Improvements - MI Wayne County, Rouge River National Wet Weather Demonstration Project 147 MN The City of Minneapolis for combined sewer overflow Improvements 148 MN The City of Willmar for wastewater treatment plant relocation project Grand Rapids Public Utilities Commission. Grand Rapids Wastewater Treatment Plant The City of Barberton, Wolf Creek Darn Intake Valve and Endosure Replacement 210 OH The City of Defiance for a combined sewer overflow elimination project 211 014 Ede County, Wastewater Improvements 212 OH Metropolitan Sewer District of Greater Clndnnati, Eastern/Della Sewer Separation Project 213 OH Northeast Ohio Regional Sewer District for a wastewater improvements project 214 OH The Community Improvement Corporation of Springfield and Clark County, Prime Ohio fl Industrial Park 215 011 The Village of Cadiz, Wastewater Infrastructure Improvements 299 Ohio River Sanitation Commission for organic detection system improvements - 287 W The City of Madison drinking water system improvements 288 W The City of Nekoosa. Wastewater Treatment Feality 289 W The City of Waukesha for drinking water system improvements 290 WI Cumberland Munidpal Utility, Water Infrastructure Improvements Heart of the Valley Metropolitan Sewage District for wastewater system Improvements . Metropolitan Milwaukee Sewer Distridfor central sewer system improvements 293 W- The Village of Biron, Water and Sanitary Sewer Infrastructure • N c oo 148 Tao re 149 209 MN 011 291 292 OH W 2500,000 3300,000 $500,000 5500,000 5300.000 $300.000 3750.000 3400,000 3300,000 5500,000 $500,000 3300.000 2500.000 3350,000 31.000,000 5300,000 31,225,000 3300,000 $500,000 3300,000 3300,000 $1,225,000 318,250,000 3485,000;..,..:,;,. 3291,000 3485,000 3485,000 $291.000 3291,000 $728.000 $388,000 3291,000 3485,000 3485,000 5291.000 $485,000 3340.000 3970,000 3291.000 31,189,000 3291,000 3485,000 3291,000 3291,000 31.189,000 517,707,000 AR. • The City of Fayetteville wastewater system improvements AR The City of Heber Springs. West End SewdrWotea ` 15 - AR The City of Warren, Water and Sewer Extender' along Northeast Bypass Ozark Mountain Regional Public Water Authority in Marshall for drinking water system Improvements LA The City of East Baton Rouge for sewer system Improvements LA The City of Houma for construction of water distribution system LA The City of Leesville for a sewer system expansion project . LA The City of Monroe, Monroe Wastewater Treatment System 16 119 120' 121 122 AR 123 LA The Town of Golden Meadow for storm water system improvements 190 NM Bemaliilo County for the Valley Utilities wastewater project . 191 NM The City of Aztec for wastewater treatment plant improvements projed 192 ' NM The City of Bloomfield for water system Improvements 193 NM The City of Espanola, Drinking Water Improvements 216 OK Ada Public Works Authority, Wastewater Lin Station 217 'OK The City of McAlester for water treatment plant rehabilitation project 253 TX The City of Alvarado, Sanitary Sewer Improvements 254 TX The City of Austin for sewer rehabilitation projed • 255 - TX The City of Bryan, West Bryan Wastewater Treatment Plant 256 TX The City of Cotulla, CotuIla Wastewater Infrastructure System Repairs 257 TX 258 TX The City of Gelled, Wastewater Treatment Facility Improvements , The City of Hondo, Sanitary Sewer Overflow Initiative • 5300.000 . 5335.000 3330,000 3300,000 $300,000 $300,000 3400,000 3500,000 $400,000 31,100.000 3500.000 $300.000 3700.000 5500,000 3300,000 $250,000 $300.000 3500,000 $500,000 3200,000 3253,000 5291,000 1JZ5;001) 3321,000 3291,000 3291,000 3291,000 3388,000 3485,000 5388,000 $1,067,000 $485,000 3291,000 3679,000 3485,000 3291,000' $243,000 3291.000 3485,000 3485.000 $194,000 5246,000 i City of Fayetteville, Arkansas Budget Adjustment Form Budget Year 2009 Dcpanme nt: Operations Division: Water & Sewer Maintenance Program: Sewer Mains Construction Date Requested 9/18/2009 Adjustment Number Project or Item Added/Increased: $291,000 is requested in the Sewer Improvements account for Sanitary Sewer Rehabilitation. Project or Item Deleted/Reduced: None. This action is required o recognize receipt of $291,000 State and Tribal Assistance Grant (STAG) from the Environmental Protection Agency. Justification of this Increase: Recognize the State and Tribal Assistance Grant (STAG) from the Environmental Protection Agency. Funding will be used for sanitary sewer rehabilitation to include repairs to sanitary sewer mains and manholes. Justification of this Decrease: Recognize the State and Tribal Assistance Grant (STAG) from the Environmental Protection Agency for the purpose of sanitary sewer rehabilitation. Account Name Increas Budget Accoun Number Sewer Improvements 5400 5700 Account Name Amount Project Number 5815 00 291,000 02017 0910 Decrease Budget Account Number Federal Grants - Capital 5400 0940 Amount Project Number 4309 00 291,000 02017 017 1 0 Division Head Date Air ep• 1- 4i11/Le ancce Director o Mayor Date ( ate 9/1 Date %� 17ate V.090403 Budget & Research Use Only � Type: A B C / D 1 E Requested By General Ledger Date Posted to General Ledger Posted to Project Accounting Initial Date Initial Date XP - 00F26701 - 0 Page 1 J+ASO £ tA�`S�A � 4L Ktact/ U.S. ENVIRONMENTAL PROTECTION AGENCY Cooperative Agreement ASSISTANCE ID NO. DATE OF AWARD 09/20/2010 PRG DOC ID AMEND# XP - 00F26701 - 0 TYPE OF ACTION New MAILING DATE 09/27/2010 PAYPAYMENT METHOD: ACHS 66890 RECIPIENT TYPE: Municipal Send Payment Request to: Las Vegas Finance Center RECIPIENT: PAYEE: City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 EIN: 71-6018462 City of Fayetteville 113 West Mountain Street Fayetteville, AR 72701 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST David Jurgens 113 West Mountain Street Fayetteville, AR 72701 E -Mail: djurgens@ci.fayetteville,ar.us Phone: 479-575-8318 Gene Wossum 1445 Ross Avenue, Suite 1200, (6WQ-AP) Dallas, TX 75202-2733 E -Mail: Wossum.Gene©epamail.epa.gov Phone: 214-665-7173 Sharon Beets Grant Programs Section, (6MD-CG) E -Mail: Beets.Sharon@epamail.epa.gov Phone: 214-665-2207 PROJECT TITLE AND DESCRIPTION City of Fayettville FY2009 SAPP (Sanitary Sewer Reh) Rehabilitation of sanitary sewer manholes and sewer lines identified in the Sanitary Sewer Evaluation Survey (SSES) that is currently underway in south central Fayetteville and Greenland. BUDGET PERIOD 10/01/2010 - 12/31/2014 PROJECT PERIOD 10/01/2010 - 12/31/2014 TOTAL BUDGET PERIOD COST $529,091.00 TOTAL PROJECT PERIOD COST $529,091.00 NOTICE OF AWARD Based on your application dated 12/31/2014, including all modifications -and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $291,000. EPA agrees to cost -share 55_00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $291,000. 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 are 40 CFR Chapter 1, Subchapter B, 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, 6MD-CG 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 U.S. EPA, Region 6 Water Quality Protection Division (6WQ) 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 Digital signature applied by EPA Award Official TYPED NAME AND TITLE Donna Miller, Chief Grant Programs Section DATE 09/20/2010 AFFIRMATION OF AWARD - BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATUREs�-`����^—. /�� / oneld Jordan, MayoTITLE DAT E /./i, EPA Funding Information XP 00F26701 - 0 Page 2 Assistance Program (CFDA) FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 291,000 $ 291,000 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ 202851E $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ $ 0 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ 238,091 $ 238,091 Allowable Project Cost $ 0 $ 529,091 $ 529,091 Assistance Program (CFDA) Site Name Statutory Authority Regulatory Authority 66.202 - Congressionally Mandated Projects FY 2009 Omnibus Appropriations Act (PL 111-8) 40 CFR PART 31 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class SitelProject Cost Organization Obligation I Deobligation 1006WA0024 10 E4C 0600OOM 202851E 4192 - - 291,000 291,000 XP - 00F26701 - 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 $529,091 12. Equipment $0 13. Miscellaneous $0 14. Total (Lines 1 thru 13) $529,091 15. Estimate Income $0 16. Net Project Amount (Line 14 minus 15) $529,091 17. Less: Ineligible Exclusions $0 18. Add: Contingencies $0 19. Total (Share: Recip 45_00°/ Fed 55.00%) $529,091 20. TOTAL APPROVED ASSISTANCE AMOUNT $291,000 XP -00F26701-0 Page 4 Administrative 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-IO2. 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-ACH) 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. Three conditions should receive special attention: a. Cash drawdowns will be made only as actually needed for disbursements. b. 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 c. The recipient will impose the same standards of timing and reporting on secondary recipients, if any. 4. 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 31n and September 30th 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 35, 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 3e and October 3e). 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. 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, 2010, the limit is $596.00 per day and $74.50 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 31.36(1) or 30.27(b). 6. LOBBYING AND LITIGATION 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. 7. 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. 8. RESPONSIBILITIES OF PARTICIPANTS REGARDING TRANSACTIONS DOING BUSINESS WITH OTHER PERSONS Recipients shall fully comply with Subpart C of 2 CFR Part 180 entitled, "Responsibilities of Participants Regarding Transactions Doing Business With Other Persons," as implemented and supplemented by 2 CFR Part 1532. Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180, 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 required under 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipients may access the Excluded Parties List System at http://www.epls.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 9. 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 10. ACORN Congress has prohibited EPA from using its FY 2010 appropriations to provide funds to the Association of Community Organizations for Reform Now (ACORN) or any of its subsidiaries. None of the funds provided under this agreement may be used for subawards/subgrants or contracts to ACORN or its subsidiaries. Recipients should direct any questions about this prohibition to their EPA Grants Management Office. 11. 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. 12. OMB CIRCULAR A-133 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 if 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.gov/fac/ 13. 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. 14. FEDERAL FINANCIAL REPORT Pursuant to 40 CFR 31.41(6) and 31.50(6), EPA recipients shall submit an annual Federal Financial Report (SF -425) to EPA no later than 90 calendar days following the end of the reporting quarter. The following reporting period end dates shall be used for interim reports: 3/31, 6/30, 9/30, or 12/31. At the end of the project, the recipient must submit a final Federal Financial Report to EPA no later than 90 calendar days after the end of the project period. The form is available on the internet at http://www.epa.gov/ocfo/finservices/forms.htm . All FFRs must be submitted to the Las Vegas Finance Center: US EPA, LVFC, PO Box 98515, Las Vegas, NV 89193, or by Fax to: 702-798-2423. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal Financial 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. 15. EPA ORDER 1000.25 AND EXECUTIVE ORDER 13424 -RECYCLED PAPER 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. 16. 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 performance 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 performance of the award or subawards under the award. 17. 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. 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 July 27, 2009 that was provided to you at the preapplication at the pre -application conference. 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 non-federal 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 Resources 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 ajointly 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 representatives, Arkansas Natural Resources Commission (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