The URL can be used to link to this page

Home My WebLink About235-20 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 235-20 File Number: 2020-0776 UNITED STATES DEPARTMENT OF AGRICULTURE COMMUNITY COMPOST AND FOOD WASTE REDUCTION PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT ACCEPTING A MATCHING GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE COMMUNITY COMPOST AND FOOD WASTE REDUCTION PROGRAM IN THE AMOUNT OF $73,870.00 TO EXPAND THE CITY'S FOOD WASTE COLLECTION PROGRAM, AND TO APPROVE A BUDGET ADJUSTMENT 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 Mayor Jordan to execute a grant agreement accepting a matching grant from the United States Department of Agriculture Community Compost and Food Waste Reduction Program in the amount of $73,870.00 with a local match in the amount of $22,500.00 to expand the City's food waste collection program and to fund a third party compost educator position for two years. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. PASSED and APPROVED on 9/29/2020 Page 1 Printed on 9129120 Resolution: 235-20 File Number. 2020-0776 Approved: Attest: R fel��AR�AAA��A� • ti � ioneld Jorda or Kara Paxton, City Clerk TreasurZr Page 2 Printed on 9129120 City of Fayetteville, Arkansas 113 West Mountain Street r Fayetteville, AR 72701 � (479) 575-8323 #, Text File ~ File Number: 2020-0776 Agenda Date: 9/29/2020 Version: 1 Status: Agenda Ready In Control: City Council Special Meetinq File Type: Resolution Agenda Number: A. 1 UNITED STATES DEPARTMENT OF AGRICULTURE COMMUNITY COMPOST AND FOOD WASTE REDUCTION PROGRAM: A RESOLUTION TO AUTHORIZE THE MAYOR TO SIGN A GRANT AGREEMENT ACCEPTING A MATCHING GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE COMMUNITY COMPOST AND FOOD WASTE REDUCTION PROGRAM IN THE AMOUNT OF $73,870.00 TO EXPAND THE CITY'S FOOD WASTE COLLECTION PROGRAM, AND TO APPROVE A BUDGET ADJUSTMENT 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 Mayor Jordan to execute a grant agreement accepting a matching grant from the United States Department of Agriculture Community Compost and Food Waste Reduction Program in the amount of $73,870.00 with a local match in the amount of $22,500.00 to expand the City's food waste collection program and to fund a third party compost educator position for two years. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a budget adjustment, a copy of which is attached to this Resolution. City of Fayetteville, Arkansas Page 1 Printed on 9/29/2020 Leif Olson City of Fayetteville Staff Review Form 2020-0776 9/29/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item SUSTAINABILITY/RESILIENCE (631) Submitted By Submitted Date Division / Department Action Recommendation: 9/17/2020 Staff recommends approving a resolution accepting a U.S. Department of Agriculture Community Compost and Food Waste Reduction (CCFWR) pilot project grant and approval of a budget adjustment. 5500.750.5080-5342.00 Account Number 32009 Project Number Budgeted Item? Yes Budget Impact: 5500 - Recycling & Trash Collection Fund USDA Community Compost & Food Waste Reduction Grant Current Budget Funds Obligated Current Balance Does item have a cost? NA Item Cost Budget Adjustment Attached? Yes Budget Adjustment Remaining Budget Project Title $ 22,500.00 $ 22,500.00 $ 73,870.00 $ 96,370.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution # 169-20 (2020-0473) Change Order Number: Original Contract Number: Approval Date: Comments: USDA Award Identifying Number: NR203A750027C009 CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 29, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Peter Nierengarten, Environmental Director Jeff Coles, Recycling and Trash Director FROM: Leif Olson, Sustainability Planner DATE: September 17, 2020 CITY COUNCIL MEMO SUBJECT: Acceptance of a U.S. Department of Agriculture Grant — Fayetteville Mobile Food Waste Collection and Compost Education Program RECOMMENDATION: Staff recommends approving a resolution accepting a U.S. Department of Agriculture (USDA) Community Compost and Food Waste Reduction (CCFWR) pilot project grant and approval of a budget adjustment. BACKGROUND: The USDA Natural Resources Conservation Service solicited application in 2020 for local governments to host a Community Compost and Food Waste Reductionpilot project. The primary goal of the CCFWR pilot project is to assist local governments with projects that develop and test strategies for planning and implementing strategies that will 1) generate compost; 2)increase access to compost for agricultural producers; 3) deduce reliance on, and limit the use of, fertilizer; 4) improve soil quality; 5) encourage waste management and permaculture business development; 6) increase rainwater absorption; 7) reduce municipal food waste; 8) divert food waste from landfill. DISCUSSION: The City Council passed Resolution No.169-20 on June 16, 2020 requesting staff to apply for USDA CCFWR grant funding to expand the City's food waste collection program. City Sustainability and Recycling and Trash staff submitted for consideration a proposal to expand our existing food waste capture efforts by developing and launching a food waste recovery trailer to collect food waste from residents at the Farmers Market and other community events and festivals. The grant proposal also requested funding for a Compost Educator position for a period of two years to interact with the public and provide information, instruction, and advice to residents on why and how organics composting is so important an easy to do. This two-year position will be contracted through a third -party contract agreement with the Boston Mountain Solid Waste District. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 The USDA notified City staff in early September that we had been awarded the grant monies that were requested for this project. The USDA CCFWR grant awarded this project with $73,870 with a $22,500 match from the City, and a $21,870 match from the Boston Mountain Solid Waste District for a total project cost of $118,240. BUDGET/STAFF IMPACT: The City's required matching funds of $22,500 will come from Recycling & Trash Collection's Promotional Activities budget. These funds will be used for the purchase of the food waste recovery trailer, as well as supplies and educational materials. Attachments: USDA Grant Approval Notification Resolution No. 169-20 USDA_._. Department of Agriculture Natural Resources Conservation Service NOTICE OF GRANT AND AGREEMENT AWARD NRCS-ADS-093 1. Award Identifying Number 2. Amendment Number 3. Award /Project Period 4. Type of award instrument: NR203A750027C009 Date of Final Signature Cooperative Agreement - 09/30/2022 5. Agency (Name and Address) 6. Recipient Organization (Name and Address) USDA Farm Production and Conservation (FPAC) Business CITY OF FAYETTEVILLE Center 113 WEST MOUNTAIN 1400 Independence Avenue SW FAYETTEVILLE AR 72701-6083 Washington, DC 20250 DUNS:075657742 EIN: 7. NRCS Program Contact 8. NRCS Administrative 9. Recipient Program 10. Recipient Administrative Contact Contact Contact Name: Theresa D'Addio Name: Jose Berna Name: Peter Nierengarten Name: Lioneld Jordan Phone: (202) 720-0557 Phone: 202-572-5714 Phone: 479-575-8272 Phone: 479-575-8330 Email: terry. d'addio@wdc.usda. Email: Jose.Berna@usda.gov Email: Email: mayor@fayetteville-ar. gov pnierengarten@fayetteville-ar. gov gov 11. CFDA 12. Authority 13. Type of Action 14. Program Director 10.935 7 USC 6923 New Agreement Name: Peter Nierengarten Phone: 479-575-8272 Email: pnierengarten@fayetteville-ar. gov 15. Project Title/ Description: Mobile Food Waste Collection and Compost Education Program City of Fayetteville, Arkansas 16. Entity Type: 02 = City or Township government 17. Select Funding Type Select funding type: Federal Non -Federal Original funds total $73,870.00 $44,370.00 Additional funds total $0.00 $0.00 Grand total $73,870.00 $44,370.00 18. Approved Budget Page 1 of 15 Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $73,870.00 Total Direct Cost $73,870.00 Total Indirect Cost $0.00 Total Non -Federal Funds $44,370.00 Total Federal Funds Awarded $73,870.00 Total Approved Budget $118,240.00 This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all attachments), and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts, if any, found by NRCS to have been overpaid, will be refunded or credited in full to NRCS. Name and Title of Authorized Government Signature Date Representative RON ALVARADO Acting Associate Chief Name and Title of Authorized Recipient Signatur — Date Representative Lioneld Jordan Mayor NONE&W<IMINATION STATEMENT The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer. PRIVACY ACT STATEMENT The above statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. Section 522a). Page 2 of 15 Personnel $0 00 Travel $0 00 Supplies $0 00 Construction $0 00 Total Direct Cost $73 870 00 Fringe Benefits $0 00 Equipment $0.00 Contractual $0.00 Other $73,870 00 (Total Indirect Cost $0.00 Total Non -Federal Funds $44.370 00 Total Federal Funds Awarded $73,870 00 Total Approved Budget $118,240 00 This agreement is subject to applicable USDA NRCS statutory provisions and Financial Assistance Regulations. In accepting this !, award or amendment and any payments made pursuant thereto, the undersigned represents that he or she is duly authorized to act on behalf of the awardee organization, agrees that the award is subject to the applicable provisions of this agreement (and all attachments). and agrees that acceptance of any payments constitutes an agreement by the payee that the amounts. if any, found by NRCS to have been overpaid, will be refunded or credited in full to NRCS Name and Title of Authorized Government Signature Date Representative RONALD Digitally signed byRONALD RON ALVARADO ALVARADO Acting Associate Chief ALVARAD9� 04'e: 020.09.3009:47:32 Name and Title of Authorized Recipient ASignatur—Date Representative Lioneld Jordan MayorON IMINATION STATEMENT The U S Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race. color national origin. age. disability and where applicable. sex marital status familial status parental status, religion sexual orientation genetic information, political beliefs. reprisal or because all or a part of an individual's income is derived from any public assistance program (Not all prohibited bases apply to all programs ) Persons with disabilities who require alternative means for communication of program information (Braille large print. audiotape etc ) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD) To file a complaint of discnmmation write to USDA. Director Office of Civil Rights. 1400 Independence Avenue SW Washington. DC 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD) USDA is an equal opportunity provider and employer PRIVACY ACT STATEMENT The above statements are made in accordance with the Privacy Act of 1974 (5 U S C Section 522a) Page 2 of 15 Statement of Work Purpose The U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) solicitated applications in fiscal year (FY) 2020 under the Office of Urban Agriculture and Innovative Production (OUAIP) for Funding Opportunity Number: USDA-NRCS-NHQ-CCFWR-20-NOF00001018 from local governments to host a Community Compost and Food Waste Reduction (CCFWR) pilot project. The authorizing statutes and regulations for this opportunity are under section 12302 of the Agriculture Improvement Act of 2018 (Public Law 115-334), (7 USC 6923).The primary goal of CCFWR is to assist local governments with projects that develop and test strategies for planning and implementing municipal compost plans and food waste reduction plans. CCFWR specifically provides assistance through a cooperative agreement to municipalities, counties, local governments, or city planners to develop and test strategies for planning and implementation that will 1) generate compost; 2) increase access to compost for agricultural producers; 3) reduce reliance on, and limit the use of, fertilizer; 4) improve soil quality; 5) encourage waste management and permaculture business development; 6) increase rainwater absorption; 7) reduce municipal food waste; and 8) divert food waste from landfills. The City of Fayetteville is a small city of approximately 87,500 people located in the Ozark Mountains of Northwest Arkansas and home to the University of Arkansas. Fayetteville and the Northwest Arkansas region has experienced unprecedented growth in recent decades due in part the regions scenic beauty, low cost of living and the home presence of multiple fortune 500 companies such as Walmart and Tyson Foods, which have brought jobs and economic development. In the last 10 years Fayetteville's population has increased 19% from the 2010 census count of 73,580 people. This rapid growth has increasingly strained the infrastructure of the City and region; from roads to water, sewer, fire and police to the disposal and recycling of our solid waste. The City began a Commercial Food Waste Composting Pilot project in 2016 and later that year the City Council adopted the Solid Waste Reduction, Diversion, and Recycling Master Plan. This plan was developed in coordination with Kessler Consulting, Inc and the result of considerable public input in the form of in -person workshops, small group discussions and public surveys. In all over 550 people had direct input into the crafting of the plan. The primary objective of the plan was to provide policy, program and facility recommendations for the City to develop an efficient, cost-effective solid waste system that maximizes waste reduction and recycling and puts the City on a path of attaining the goal of a 40% solid waste diversion by the year 2027. The City of Fayetteville is fortunate to own and operate its own solid waste and recycling collection and disposal services, equipment and facilities. This allowed the City and Kessler Consulting to quickly gather data and analyze operations constraints and opportunities. In 2020, the city began a new project collecting residential food waste at two drop-off locations that has been very well received and steadily increasing volume. The finished food waste compost is made available to residents, community gardens, and food producers to purchase. Through this CCFWR pilot project, entitled the Mobile Food Waste Collection and Compost Education Program City of Fayetteville, Arkansas, the city will expand its existing efforts and launch a Food Waste Recovery Trailer and Compost Educator position to collect food waste from residents and to provide educational materials on organics composting at the Farmers Market and other community events and festivals. The Food Waste Recovery Trailer and Compost Educator will interact with the public and provide information, instruction, and advice to residents on why and how organics composting is so important and easy to do. This Food Waste Recovery Trailer will also be used to deliver finished food waste compost to customers in small quantities. The Compost Educator would also coordinate and conduct outreach to school children, community groups, businesses and institutions on food waste composting and its importance. Objectives Objective 1: To increase organics composting education and outreach efforts in the community through hands-on in - person discussions, seminars and workshops, social media outreach campaigns, print materials and mobile collection vehicles with graphics and media packages. Objective 2: To increase the tonnage of residential food waste using a mobile food waste collection vehicle that will be used at the Farmers Market and other community events and festivals. This will provide residents with the opportunity to bring their food waste to a convenient drop-off location on the City Square three times a week for the Farmers Market. The City will partner with Boston Mountain Solid Waste District (BMSWD), who provides waste disposal services to over 250,000 customers in the unincorporated areas of Washington and Madison Counties of Northwest Arkansas. The Page 3 of 15 BM5WU mission is "to provide environmentally sound and economically feasible solid waste management. We implement and integrated approach of waste reduction, reuse, recycling, composting, disposal, and education." The BMSWD and the City have successfully collaborated on previous landfill diversion, recycling and educational projects and programs in the past. BMSWD will partially fund the Compost Educator position with matching funds. The City will partner with the Fayetteville Farmers Market, who has operated on the historic downtown Fayetteville Square continuously since 1973. The Farmers Market will coordinate locating the Food Compost Recovery Trailer at a convenient location at the market. The Compost Educator will staff the trailer and oversee any volunteers to coordinate the collection of residential food waste and provide educational conversation and print or digital information. Data will be collected daily and tracked over time to show progress. The City will begin food waste collection three times a week at the Farmers Market. The Market is open from 7 am to 2 pm on Tuesdays, Thursdays and Saturdays. In a typical year the Market has over 100 producers selling fresh fruit, vegetables and other locally sourced, grown or crafted items. A typical Saturday Farmers Market will bring an estimated 3,000 to 5,000 patrons. In 2019 the Farmers Market's partner organization gleaned over 7,500 tons of produce that was donated and distributed to community members facing food insecurity. The City will partner with Tri-Cycle Farms by developing a residential food waste recovery drop-off location at the farm. Along with some of the organic wastes generated at the farm, the City will pick-up the residential food waste that is collected once a week at the farm and in return Tri Cycle will receive finished food waste compost for use in improving the soils on the farm. Tri-Cycle Farm has a mission to "grow community through soil". Tri Cycle Farms is located on two -acres of land in central Fayetteville and it exemplifies how to create a hyper productive farm in a very urban environment. The City will partner with Apple Seeds on food waste composting education for programing happening at the Teaching Farm. The City is working with Apple Seeds to develop a residential food waste drop-off at the Teaching Farm to collect residential food waste from the farm and the surrounding neighborhood. The City will be providing finished food waste compost to the Teaching Farm to improve the farms soil profiles. Apple Seeds is a two -acre Teaching Farm founded in 2015 on land in Gulley Park in east Fayetteville. Apple Seeds mission is "to inspire healthy living through garden -based education." The City will partner with the University of Arkansas (U of A) Office for Sustainability (OfS) to continue education and outreach efforts with students and envisions having the City's mobile Food Waste Recovery trailer at numerous campus events for food waste capture. U of A motivates, facilitates, and coordinates innovation and progress through partnerships with students, faculty, and staff across the U of A to create a culture of sustainability. The OfS works on the issues of climate, transportation, biodiversity, zero waste, and academics and outreach. The U of A has a zero -waste strategy to achieve 50% landfill diversion by 2021, 70% diversion by 2027, and 90% diversion by 2040. The City will continue to make available finished food waste compost for pick-up or delivery. The City offers both food waste compost and yard waste compost for $35 per two cubic yard scoop for pick up. The City provides compost delivery for $75 for two cubic yards. The City also offers a woody yard waste mulch for pickup at $10 per two cubic yard scoop. Budget Narrative The official budget (including cost category itemization as identified on the SF-424A) described in this Budget Narrative will be considered the "the total budget as last approved by the Federal awarding agency" for this award. -------------------------------------------------------------------------- -------------------------------------------------------------------------- The Mobile Food Waste Collection and Compost Education Program City of Fayetteville, Arkansas total project budget is $118,240.00, which includes the total Federal share of $73,870.00 and the recipient's match amount in the total of $44,370.00. Advance is authorized for 30 days of expenses, when needed. PERSONNEL: Total Cost: $0.00 (Federal Share $0.00 + Recipient Share: $0.00) FRINGE BENEFITS: Total Cost: $0.00 (Federal Share $0.00 + Recipient Share: $0.00) TRAVEL: Total Cost: $0.00 (Federal Share $0.00 + Recipient Share: $0.00) EQUIPMENT: Total Cost: $0.00 (Federal Share $0.00 + Recipient Share: $0.00) Page 4 of 15 SUPPLIES: Total Cost: $18,000.00 (Federal Share $0.00 + Recipient Share: $18,000.00) the City will fund the purchase of the mobile Food Waste Collection Trailer and all the supplies needed including: Mobile Food Waste Collection Trailer at $4,950 Educational graphic vinyl wrap for trailer at $3,500 Mobil electric generator at $1,800 TV display and electronics for education and outreach at $4,000 Countertop food waste containers (3.5 gal.) at $1,000 Large size food waste containers (5 gal.) at $2,750 The City, as part of our match for these funds, will purchase a 16-foot enclosed cargo trailer that will be transported to events and festivals behind a Trash and Recycling Division truck. The Food Waste Recovery Trailer will have an educational vinyl graphics wrap designed to draw people to the vehicle where an environmental educator will be collecting food waste from residents and providing educational materials on organics composting. The City will provide residents with 3.5-gallon food waste containers that can be sealed and kept within the home. CONTRACTUAL: Total Cost: $100,240.00 (Federal Share $73,870.00 + Recipient Share: $26,370.00) Recipient Share: 1. The City, as part of the match of these funds, will have an educational vinyl graphics wrap designed to draw people to the Food Waste Recovery Trailer. Design of the educational graphic wrap for trailer: $4,500 2. City partner, Boston Mountain Solid Waste District (BMSWD), will fund a portion of the Compost Educator position and utilize the Educator to provide education and outreach to communities within their service area of the unincorporated areas of Washington and Madison Counties in NWA. The timeline for the Compost Educator position would begin in January of 2021 and carry through until December of 2022 at $21,870 for two years. Federal Share: Educational materials and most of the cost for the Compost Educator position, which includes: Graphic design of brochures and social media graphics at $300 Brochure printing at $1,700 Support of Compost Educator Position (2-years) at $71,870 Description: The Compost Educator position will operate the residential food waste collection service. The Compost Educator would have many interactions with the public and provide information, instruction, and advice to residents on why and how organics composting is so important and easy to do. The educational outreach materials created for distribution will detail the life cycle of organic wastes and highlight the detrimental impacts of organics breaking down anaerobically in the landfill creating methane gas which is a significant greenhouse gas accelerating global climate change. The Compost Educator would also coordinate and conduct outreach to school children, community groups, businesses and institutions on food waste composting and its importance. Brian Pugh, the City's Recycling and Trash Division Waste Reduction Coordinator will supervise the Compost Educator position. INDIRECT COST: Total Cost: $0.00 (Federal Share $0.00 + Recipient Share: $0.00) Responsibilities of the Parties: If inconsistencies arise between the language in this Statement of Work (SOW) and the General Terms and Conditions attached to the agreement, the language in this SOW takes precedence. NRCS will: 1) Connect the CCFWR pilot project team(s) with other USDA agencies such as, and not limited to, the Economic Research Service (ERS), National Institute of Food and Agriculture (NIFA), the Office of the Chief Economist (OCE), and Federal partners like the United States Environmental Protection Agency (EPA) to collaborate on project activities and outcomes that contribute to the U.S. Food Loss and Waste 2030 goal. 2) Coordinate and convene the CCFWR pilot project team(s) and other Federal government, regional, institution, state, and local experts to share information and strategies related to CCFWR with the goal of enhancing the locally driven Page 5 of 15 process to better address nationally and regionally important composting and tood waste reduction goals that transcend localities. 3) Gather the methods, results, and benefits derived from the project to evaluate and disseminate different solutions for increasing access to compost and reducing municipal food waste across the United States. 4) Provide advisory and administrative support during the project and maintain constant communication with partner, review progress and financial report and provide feedback to ensure the product follows USDA standards; 5) Provide guidance and procedures related to NRCS Conservation and Business Programs. 6) Review and editing rights on all material produced under this agreement to ensure it complies with USDA standards and regulations before publishing. 7) Ensure no member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise there from; but this provision is not to be construed to extend to this agreement if made with a corporation for its general benefit. 8) Participate in project committee meetings to aid and guidance for the purpose of the workshops, educational activities, and other activities identified in this agreement. 9) Conduct ad -hoc meetings (via electronic, phone or in -person field visit) to discuss the progress of the agreement. Recipient will: 1) Follow methodology in the project narrative and inform the Program Manager any changes. 2) Collaborate with multiple partners, such as public or private, nonprofit or for -profit entities, academic institutions (including minority -serving colleges and universities), and/or other appropriate professionals, community -based organizations, and local government entities. 3) Work in close coordination with USDA-NRCS to share all publish material developed to ensure it complies with USDA standards and regulations before publishing. Review available material from the USDA in regard of the USDA general style and message layouts and follow the USDA civil right policy in accordance with USDA Departmental Regulation 4300-3, Equal Opportunity (EO) Public Notification Policy, and Section 7, in which all will comply with the usage of the USDA Non-discrimination Statement. 4) Ensure the exercise care so that sensitive, confidential or private information is not inadvertently disclosed to families, friends, or others who have no need to know and keep all private information in secure areas when not in use during office hours. a. Example of Private Data: Social Security Number (SSN); tax identification (ID) number; employee national Finance Center ID; account numbers; farm, tract, or common land unit numbers. b. Example of Sensitive Data: Name, address, or other geographic indicators; e-mail address; phone number; race, gender, ethnicity, disability and birth date. 5) Participate in efforts under this agreement solely as representatives of City of Fayetteville. They will not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of FPAC, USDA, NRCS or any member thereof. They shall not assist FPAC, USDA, NRCS or any member thereof with efforts to lobby Congress or to raise money through fundraising efforts. The recipient's employees shall report to their immediate supervisor any negotiations with FPAC, USDA, NRCS or any member thereof, concerning future employment and shall refrain from participation in efforts regarding such party until approved by the Signatory Official. 6) Conduct all activities and program provision under this agreement in compliance with all applicable federal civil right laws, rules, regulations and policies. 7) Ensure no member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this agreement or to any benefit that may arise there from; but this provision is not to be construed to extend to this agreement if made with a corporation for its general benefit. 8) Submission of interim and final reports to demonstrate the progress made toward the completion of project goals, objectives, and outcomes, as well as the grant agreement's overall financial status. Federal Financial Report (SF-425) are due with each performance report to account for financial expenditures during that reporting period. a) Performance report and Federal Financial Report (SF425) are due annually no later than 90 calendar days after each annual performance reporting period end date. b) Submit reports to the ezFedGrants system or the Farm Production and Conservation (FPAC) Grants and Agreements Division staff via email to: FPAC.BC.GAD@usda.gov. 9) A final performance report and SF-425 are required to be submitted no later than 120 calendar days after the performance period expiration date. 10) Submit reimbursement requests (claim) to the ezFedGrants system or the Farm Production and Conservation (FPAC) Grants and Agreements Division via email to: FPAC.BC.GAD@usda.gov on a quarterly basis. Refer to the General Terms and Conditions for more information regarding payment requests. City of Fayetteville (including subrecipients) is responsible for compliance with the prohibition on certain telecommunications and video surveillance services or equipment identified in 2 CFR 200.216. See Public Law 115-232, Section 889 for additional information. In accordance with 2 CFR 200.216, City of Fayetteville (including subrecipients) is prohibited from obligating or expending loan or grant funds for covered telecommunications equipment or services to: (1) procure or obtain, extend or renew a contract to procure or obtain; (2) enter into a contract (or extend or renew a contract) to procure; or (3) obtain the equipment, services or systems. Page 6 of 15 In accordance with 2 CFR 200.340, City of Fayetteville understands this agreement may be terminated in whole or in part as follows: (1) By the Federal awarding agency or pass -through entity, if City of Fayetteville fails to comply with the terms and conditions of a Federal award; (2) By the Federal awarding agency or pass -through entity, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities; (3) By the Federal awarding agency or pass -through entity with the consent of City of Fayetteville, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated; or (4) By City of Fayetteville upon sending to the Federal awarding agency or pass -through entity written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Federal awarding agency or pass -through entity determines in the case of partial termination that the reduced or modified portion of the Federal award or subaward will not accomplish the purposes for which the Federal award was made, the Federal awarding agency or pass -through entity may terminate the Federal award in its entirety. Expected Accomplishments and Deliverables Outcome 1: To increase the amount of organic food waste collected from both commercial and residential sectors to move the needle on our Diversion from landfill goal. Indicator 1: Daily weight of food waste collected: 12 Ibs Indicator 2: Daily count of the number of residents who participate by bringing their food waste to the mobile Food Waste Recovery Trailer: 21 Outcome 2: To increase knowledge about how compost can be useful in landscapes and gardens through education and outreach to City of Fayetteville residents. Indicator 1: Number of special events that the mobile Food Waste Recovery Trailer and compost educator attend: 35 Indicator 2: Number of people that the educator provides outreach to in group settings such as school children, civic groups, institutions, businesses, etc.: 1000 Indicator 3: Number of social media posts, magazine and newspaper articles, television and radio appearances, and other forms of media exposure: 50 to 75 Indicator 4: Volume of finished food waste compost that is distributed to the community: 1000 Ibs Resources Required NRCS will: 1) Participate in the coordination for technical assistant and collaborate with recipient. 2) Assign a Technical Contact in charge of providing detailed information and technical assistance necessary to ensure the implementation of this agreement. 3) Allocate a total of $73,870.00 according to the SF424A to be used according to the budget narrative and subject to funding availability. Recipient will: 1) Purchase the Food Waste Recovery Trailer, educational vinyl wraps for the trailer, video components for the display residential 3.5 gallon re -usable and sealable food waste containers, 2) Develop job description and duties, advertise and hire for the Compost Educator position; 1) Collaborate with: Multiple organizations, non -profits, businesses and institutions including with Boston Mountain Solid Waste District (BMSWD), Fayetteville Farmers Market, Tri-Cycle Farms, Apple Seeds, and The University of Arkansas (U of A) Office for Sustainability; and 2) Follow the evaluation plan as established on the project narrative. Page 7 of 15 Milestones The CCFWR pilot project is two years in duration. Project activities, objectives and outcomes should be completed within the 24-month time frame. 50% of work completed in year 1 by September 30, 2021 & 100% of work completed in year 2 by September 30, 2022. The timeline and specific tasks to implement these components are detailed in the attached Project Narrative. Page 8 of 15 GENERAL TERMS AND CONDITIONS Please reference the below link(s) for the General Terms and Conditions pertaining to this award: U.S. DEPARTMENT OF AGRICULTURE FARM PRODUCTION AND CONSERVATION GENERAL TERMS AND CONDITIONS GRANTS AND COOPERATIVE AGREEMENTS The Farm Production and Conservation (FPAC) mission area encompasses the following USDA agencies: Natural Resources Conservation Service (NRCS), Farm Service Agency (FSA), Risk Management Agency (RMA), the Commodity Credit Corporation (CCC), and the FPAC Business Center. I. APPLICABLE REGULATIONS a. As a condition of this award, the recipient assures and certifies that it has and/or will comply and require subrecipients to comply with the requirements contained in the following statutes and regulations, as applicable. The full text of Code of Federal Regulations references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action? collectionCode=CFR and http://www.ecfr.gov/. (1) 2 CFR Part 25, "Universal Identifier and System of Award Management" (2) 2 CFR Part 170, "Reporting Subaward and Executive Compensation Information" (3) 2 CFR Part 175, "Award Term for Trafficking in Persons" (4) 2 CFR Part 180, "OMB Guidelines to Agencies On Governmentwide Debarment And Suspension (Nonprocurement)" (5) 2 CFR Part 182, "Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)" (6) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (7) 2 CFR Part 400, "Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards" (8) 2 CFR Part 417, "Nonprocurement Debarment and Suspension" (9) 2 CFR Part 418, "New Restrictions on Lobbying" (10) 2 CFR Part 421, "Requirements for Drug -Free Workplace (Financial Assistance)" (11) 2 CFR Part 422, "Research Institutions Conducting USDA -Funded Extramural Research; Research Misconduct' b. Allowable project costs will be determined in accordance with the authorizing statute, the purpose of the award, and, to the extent applicable, to the type of organizations receiving the award, regardless of tier. The following portions of the Code of Federal Regulations are hereby incorporated by reference. The full text of Code of Federal Regulations references may be found at https://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR and http://www ecfr.gov/. (1) 2 CFR Part 200, "Uniform Administrative Requirements, Cost Principles And Audit Requirements For Federal Awards" (2) 48 CFR Part 31, "Contract Cost Principles and Procedures" c. For corporate recipients, by accepting this award the recipient acknowledges: (1) that it does not have a Federal tax delinquency, meaning that it is not subject to any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2) that it has not been convicted of a felony criminal violation under any Federal law within 24 months preceding the award, unless a suspending and debarring official of the USDA has considered suspension or debarment of the recipient corporation based on these convictions and/or tax delinquencies and determined that suspension or debarment is not necessary to protect the interests of the Government. If the recipient fails to comply with these provisions, the agency will annul this agreement and may recover any funds the recipient has expended in violation of the above cited statutory provisions. II. UNALLOWABLE COSTS The following costs are not allowed a. Costs above the amount authorized for the project. b. Costs incurred after the award period of performance end date. c. Costs not identified in the approved budget or approved budget revisions. d. Profit resulting from Federal financial assistance. Recipients may not earn and keep income resulting from an award. e. Costs of promotional items and memorabilia, including models, gifts, and souvenirs. f. Compensation for injuries to persons or damage to property arising from project activities. This list is not exhaustive. For general information about the allowability of particular items of costs, please see 2 CFR Part 200, "Subpart E - Cost Principles", or direct specific inquiries to the administrative contact identified in the award. Page 9 of 15 The allowability of some items of costs may be difficult to determine. To avoid disallowance or dispute of such costs, the recipient may seek prior approval before incurring them. See 2 CFR 200.407. III. PRIOR APPROVAL REQUIREMENTS Certain items of cost and award revisions require the prior written approval of the awarding agency. The following are the most common situations requiring prior approval. However, this list is not exhaustive, and the recipient is also bound by any other prior approval requirements identified in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. a. Pre -award costs. —To receive reimbursement for costs incurred prior to the award date, recipients must request written approval before incurring the costs. This restriction also applies to costs intended to meet cost -share requirements. FPAC agencies will not approve expenses incurred more than 90 calendar days before the period of performance start date. All costs incurred before the period of performance start date, even if approved, are at the recipient's risk (i.e., the Federal awarding agency is under no obligation to reimburse such costs if for any reason the recipient does not receive a Federal award or if the Federal award is less than anticipated and inadequate to cover such costs). b. Revisions to scope, objective, or deliverables. —When it is necessary to modify the scope, objective, or deliverables of an award, the recipient authorized signatory must submit a written request and justification for the change along with the revised scope, objective, or deliverables of the award to the administrative contact. The request should contain the following information: 1. Grant or agreement number 2. Narrative explaining the requested modification to the project scope, objectives, or deliverables 3. A description of the revised scope, objectives, or deliverables c. Additions or changes to subawards and contracts. —The subawarding, transferring, or contracting out of any work under a Federal award not identified in the original award budget or any changes to subaward or contracts requires prior written approval. The recipient must submit a justification for the proposed subaward/contract, a statement of work to be performed, and a detailed budget for the subaward/contract to the administrative contact. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. d. Change in a key person specified in the application or award.— When there is a change in key personnel, the recipient must request prior written approval for the substitution or change. The request must identify the replacement personnel and provide his or her qualifications. e. Absence or change in project leadership. —If the approved project director or principal investigator disengages from the project for more than three months or reduces time devoted to the project by 25 percent or more, the recipient must notify the administrative contact in writing, identifying who will be in charge during the project director's absence. The notification must include the qualifications of the replacement. f. Budget revisions. —Recipients must request prior written approval for deviations from the approved budget in the instances described below. For all budget revisions, the recipient must submit a new SF 424A or 424C and budget narrative to support the request. 1. The inclusion of costs that require prior approval in accordance with Subpart E—Cost Principles of this part or 45 CFR part 75 Appendix IX, "Principles for Determining Costs Applicable to Research and Development under Awards and Contracts with Hospitals," or 48 CFR part 31, "Contract Cost Principles and Procedures," as applicable. 2. Where the cumulative amount of transfers of funds among direct cost categories or programs, functions, and activities exceeds or is expected to exceed 10 percent of the total budget as last approved by the Federal awarding agency, and where the Federal share of the project exceeds the simplified acquisition threshold. 3. The transfer of funds budgeted for participant support costs to other categories of expense requires prior written approval. Participant support costs means direct costs for items such as stipends or subsistence allowances, travel allowances, and registration fees paid to or on behalf of participants or trainees (but not employees) in connection with conferences or training projects. 4. Changes in the approved cost -sharing or matching provided by the recipient. 5. Additional Federal funds needed to complete the project. 6. Changes to negotiated indirect cost rates during the award period of performance. 7. Equipment purchases not specifically identified in the approved budget. g. No -Cost Extensions of Time. —When a no -cost extension of time is required, the recipient authorized signatory must submit a written request to the FAPC administrative contact. Except in very limited circumstances, a no -cost extension of time cannot exceed 12 months. FPAC cannot approve requests for no -cost extensions received after the expiration of the award. In addition, time may not allow extension requests submitted less than 30 calendar days before the period of performance end date to be processed, so recipients are encouraged to submit requests as soon as possible. FPAC agencies cannot approve no -cost extensions requested merely to expend remaining funds. The request must contain the following: 1. Amount of additional time requested 2. Explanation for the need for the extension 3. A summary of progress to date and revised milestones IV. PAYMENTS a. Recipients must request reimbursement or advances using a properly completed and executed SF-270, submitted with supporting documentation to either the ezFedGrants system or to the e-mail address specified in the statement of work. FPAC agencies will make payment to the recipient on a reimbursable or advance basis in accordance with the frequency specified in the statement of work. b. Recipients requesting advances should request payments in amounts necessary to meet their current needs pursuant Page 10 of 15 to procedures contained in the Federal administrative provisions and 31 CFR Part 205. At the end of each advance period, the recipient must provide a justification (i.e., documentation) showing the amount of advanced funds spent. c. The method of payment between the recipient and its contractors will be in accordance with the policies and procedures established by the recipient except that the contractors may not use the USDA Office of Financial Management/National Finance Center method to request payments. If the recipient makes advance payments to contractors, the recipient must ensure that the timing of such payments is designed to minimize elapsed time between the advance payment and the disbursement of funds. Recipients must not submit requests from their contractors for review or approval. d. Accounting records for all costs incurred under this award must be supported by source documentation. Such documentation includes, but is not limited to, canceled checks, paid bills, payroll records, and subaward documents. Labor cost charges to this award must be based upon salaries actually earned and the time actually worked on this award. All project costs must be incurred within the approved project period of this award, including any approved no - cost extension of time. Costs that cannot be supported by source documentation or that are incurred outside of the approved project period and budget may be disallowed and may result in award funds being returned to the Federal Government by the recipient. The level of detail and documentation required to be provided to support any individual payment request is at the discretion of the Government. e. Recipients must pay all costs incurred (i.e., liquidate obligations) under the award not later than 90 calendar days after the period of performance end date. V. FINANCIAL REPORTING a. Recipients must submit a Federal Financial Report (FFR), SF 425 in accordance with the schedule included in the award statement of work. Recipients must submit reports to either the ezFedGrants system or to the email address specified in the statement of work. Failure to submit reports as required may result in suspension or termination of award. b. The recipient must submit a final financial report no later than 90 days after the period of performance end date. c. The FPAC awarding agency will withhold payments under this award if the recipient is delinquent in submitting required reports. VI. PERFORMANCE MONITORING AND REPORTING a. The recipient is responsible for monitoring day-to-day performance and for reporting to FPAC. If the project involves subaward/contractual arrangements, the recipient is also responsible for monitoring the performance of project activities under those arrangements to ensure that approved goals and schedules are met. b. The recipient must submit a written progress report at the frequency specified in the statement of work to either the ezFedGrants system or to the email address specified in the statement of work. Each report must cover— 1. A comparison of actual accomplishments with the goals and objectives established for the reporting period and, where project output can be quantified, a computation of the costs per unit of output. 2. The reasons why goals and objectives were not met, if appropriate. 3. Additional pertinent information including, where appropriate, analysis and explanation of cost overruns or high unit costs. c. The recipient must submit a final performance report within 90 calendar days of the period of performance end date. d. The FPAC awarding agency will withhold payments under this award if the recipient is delinquent in submitting required reports. VII. AUDIT REQUIREMENTS The recipient is responsible for complying with audit requirements in accordance with 2 CFR 200, Subpart F. A recipient entity that expends $750,000 or more during the recipient's fiscal year in Federal awards must have a single or program - Page 11 of 15 specific audit conducted for that year VIII. SPECIAL PROVISIONS a. The recipient assures and certifies that it will comply with the minimum -wage and maximum- hour provisions of the Federal Fair Labor Standards Act. b. Employees of FPAC agencies will participate in efforts under this agreement solely as representatives of the United States. They may not participate as directors, officers, employees, or otherwise serve or hold themselves out as representatives of the recipient. They also may not assist the recipient with efforts to lobby Congress or to raise money through fundraising efforts. Further, FPAC employees must report to their immediate supervisor any negotiations with the recipient concerning future employment and must refrain from participation in projects or agreements with such recipients. c. Employees of the recipient will not be considered Federal employees or agents of the United States for any purposes under this agreement. d. Except in very limited circumstances (e.g., construction agreements), no agreement period of performance can exceed a total of five years, including extensions. e. Recipients who engage or assist in scientific related activities on behalf of USDA must uphold the principles of scientific integrity established by Departmental Regulations 1074-001, Scientific Integrity. Covered activities include engaging in, supervising, managing, and reporting scientific work; analyzing and publicly communicating information resulting from scientific work; and utilizing information derived from scientific work in policy and decision making. f. Recipients of awards under covered programs (as defined in Executive Order 13858, January 31, 2019) are hereby notified that they are encouraged to use, to the greatest extent practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States in every contract, subcontract, purchase order, or subaward that is chargeable under the award. "Covered program" means a program that provides financial assistance for the alteration, construction, conversion, demolition, extension, improvement, maintenance, construction, rehabilitation, or repair of an infrastructure project in the United States. However, it does not include programs for which a domestic preference is inconsistent with law or programs providing financial assistance that are subject to comparable domestic preferences. g. The recipient and its employees are prohibited from promoting, recommending, or discussing the availability of specific commercial products or services with FPAC agency clients in the course of carrying out activities under this agreement, including any products or services offered by the recipient, except as may be specifically allowed in the agreement. IX. PATENTS, INVENTIONS, COPYRIGHTS, AND ACKNOWLEDGMENT OF SUPPORT AND DISCLAIMER a. Allocation of rights of patents, inventions, and copyrights must be in accordance with 2 CFR Part 200.315. This regulation provides that small businesses normally may retain the principal worldwide patent rights to any invention developed with USDA support. b. In accordance with 37 CFR Section 401.14, each subject invention must be disclosed to the Federal agency within 2 months after the inventor discloses it in writing to contractor personnel responsible for patent matters. Invention disclosure statements pursuant to 37 CFR Section 401.14(c) must be made in writing to: Farm Production and Conservation Business Center Grants and Acquisitions Division 1400 Independence Avenue, SW. Room 6819 South Building Washington, DC 20250 c. USDA receives a royalty -free license for Federal Government use, reserves the right to require the patentee to license others in certain circumstances, and requires that anyone exclusively licensed to sell the invention in the United States must manufacture it domestically. d. The following acknowledgment of USDA support must appear in the publication of any material, whether copyrighted or not, and any products in electronic formats (World Wide Web pages, computer programs, etc.) that is substantially based upon or developed under this award: "This material is based upon work supported by the U.S. Department of Agriculture, under agreement number [recipient should enter the applicable award number here]." In addition, all publications and other materials, except scientific articles or papers published in scientific journals, must include the following statement: "Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Agriculture. In addition, any reference to specific brands or types of products or services does not constitute or imply an endorsement by the U.S. Department of Agriculture for those products or services." Page 12 of 15 e. All publications printed with Federal Government funds will include the most current USDA nondiscrimination statement, available from the Public Affairs Division, Civil Rights Division, or on the USDA home page. If the material is too small to permit the full nondiscrimination statement to be included, the material must, at a minimum, include the statement: "USDA is an equal opportunity provider and employer." The recipient is responsible for ensuring that an acknowledgment of USDA is made during news media interviews, including popular media such as radio, television, and news magazines, that discuss work funded by this award in a substantial way. X. COST -SHARING REQUIREMENTS a. If the award has specific cost -sharing requirements, the cost -sharing participation in other projects may not be counted toward meeting the specific cost -share requirement of this award and must come from non -Federal sources unless otherwise stated in the applicable program authorizing statute. b. Cost share must be documented on each SF 425 and SF 270 and in source documentation as it is provided by the recipient or third party. The required cost -share or matching ratio must be met by the end of the agreement period of performance; however, it does not have to be maintained for every payment request. c. Should the recipient become aware that it may be unable to provide the cost -sharing amount identified in this award, it must— 1. Immediately notify the FPAC administrative contact of the situation. 2. Specify the steps it plans to take to secure replacement cost sharing. 3. Indicate the plans to either continue or phase out the project in the absence of cost sharing. If the recipient's plans are not acceptable to FPAC, the award may be subject to termination. FPAC modifications to proposed cost sharing revisions are made on a case -by -case basis. Failure by the recipient to notify FPAC in accordance with this section may result in the disallowance of some or all the costs charged to the award, the subsequent recovery by FPAC of some of the FPAC funds provided under the award, and possible termination of the award. It may constitute a violation of the terms and conditions of the award so serious as to provide grounds for subsequent suspension or debarment. d. The recipient must maintain records of all project costs that are claimed by the recipient as cost sharing as well as records of costs to be paid by FPAC. If the recipient's cost participation includes in -kind contributions, the basis for determining the valuation for volunteer services and donated property must be documented. e. Recipients must provide notification to the agency administrative contact when adding or replacing sources of cost - share contributions. XI. PROGRAM INCOME Program income is the gross revenue generated by a Federally funded activity earned during the performance period of the award. Program income may be earned by recipients from fees charged for conference or workshop attendance, from rental fees earned from real property or equipment acquired with Federal funds, or from the sale of commodities or items developed under the grant or cooperative agreement. It must fall within the guidelines at 2 CFR 200.307. Unless identified and addressed in the award, the recipient must provide notification to the administrative contact and request the manner it would like to treat the income (i.e., deductive or additive). Program income may be used to meet recipient cost -share requirements with the approval of the Government. All program income must be reported on the applicable SF 270 and SF 425. XII. NONEXPENDABLE EQUIPMENT Recipients purchasing equipment or products with funds provided under this award are encouraged to purchase only American -made equipment and products. Title to nonexpendable equipment purchased with award funds will vest in the recipient upon completion of the award project and acceptance by FPAC of required final reports. When equipment is no longer needed by the recipient and the per -unit fair market value is less than $5,000, the recipient may retain, sell, or dispose of the equipment with no further obligation to FPAC. However, if the per -unit fair market value is $5,000 or more, the recipient must submit a written request to the FPAC administrative contact for disposition instructions. X111. LIMIT OF FEDERAL LIABILITY The maximum financial obligation of FPAC to the recipient is the amount of funds indicated in the award as obligated by FPAC. However, if an erroneous amount is stated on the approved budget, or any supporting document relating to the award, FPAC will have the unilateral right to make the correction and to make an appropriate adjustment in the FPAC share of the award to align with the Federal amount authorized. Page 13 of 15 XIV. MODIFICATIONS AND TERMINATIONS The parties may amend this award through an exchange of correspondence between the authorized signatory of each or via formal amendment document. The award is subject to termination if FPAC determines that the recipient has failed to comply with the terms and conditions of the award. If the award is terminated, the guidelines at 2 CFR 200.339-42 will govern the obligations of the parties. XV. PRIVACY ACT AND PROHIBITION AGAINST CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS a. Activities performed under this award may involve access to confidential and potentially sensitive information about governmental and landowner issues. The term "confidential information" means proprietary information or data of a personal nature about an individual, or information or data submitted by or pertaining to an organization. This information must not be disclosed without the prior written consent of FPAC. b. The recipient's personnel will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S. C. Section 552a, and implementing regulations and policies with respect to systems of records determined to be subject to the Privacy Act. The recipient's personnel must also comply with privacy of personal information relating to natural resources conservation programs in accordance with section 1244 of Title II of the Farm Security and Rural Investment Act of 2002 (Public Law 107-171). c. The recipient agrees to comply with the "Prohibition Against Certain Internal Confidentiality Agreements:" 1. You may not require your employees, contractors, or subrecipients seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting them from lawfully reporting that waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. 2. You must notify your employees, contractors, or subrecipients that the prohibitions and restrictions of any internal confidentiality agreements inconsistent with paragraph (1) of this award provision are no longer in effect. 3. The prohibition in paragraph (1) of this award provision does not contravene requirements applicable to any other form issued by a Federal department or agency governing the nondisclosure of classified information. 4. If FPAC determines that you are not in compliance with this award provision, FPAC: i. Will prohibit your use of funds under this award, in accordance with sections 743 and 744 of Division E of the Consolidated Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law; ii. May pursue other remedies available for your material failure to comply with award terms and conditions. XVI. ACKNOWLEDGMENT OF SECTION 1619 COMPLIANCE The recipient agrees to comply with FPAC guidelines and requirements regarding the disclosure of information protected under Section 1619 of the Food, Conservation, and Energy Act of 2008 (PL 110-246), 7 U.S.C. 8791 as described below. a. Responsibilities. 1. Acceptance of this award indicates acknowledgment and understanding that the recipient is legally bound by Federal statute to comply with the provisions of Section 1619 and that the recipient will not subsequently disclose information protected by section 1619 to any individual or organization that is not directly covered by this award. Any such subsequent disclosure of the protected information (except as permitted under Section 1619) will be considered a violation of Section 1619. The recipient will be held responsible should disclosure of the protected information occur. 2. Acceptance of this award legally binds every owner, manager, supervisor, employee, contractor, agent, and representative of the recipient to comply with the provisions in Section 1619. The recipient must consult with FPAC prior to providing protected information to an entity or individual outside of the recipient and as necessary to implement the program to ensure that such release is permissible. 3. The recipient will use the protected information only to perform work that is directly connected to this award. Use of the protected information to perform work that is not directly connected to this award is expressly prohibited. 4. The recipient must internally restrict access to the protected information to only those individuals who have a demonstrated need to know the protected information to perform work under this award. 5. The provisions in Section 1619 are continuing obligations. Even when the recipient is no longer a recipient, or when individuals currently affiliated with the recipient become no longer so affiliated, every person having been provided access to the protected information will continue to be legally bound to comply with these provisions. 6. The recipient must notify all managers, supervisors, employees, contractors, agents, and representatives about this provision and the requirements of Section 1619. Notifications about the existence of this provision must be made to those individuals who are new to the organization and periodic notifications must be sent throughout the organization (as well as to all contractors and agents) to remind all about the ongoing and continuing requirements. Page 14 of 15 7. When the recipient is unsure whether particular information is covered or protected by Section 1619, the recipient must consult with FPAC to determine whether the information must be withheld. 8. Use of the protected information for any purpose is expressly prohibited after the period of performance end date of this award. Upon the award end date, any protected information provided under this award must be immediately destroyed or returned to FPAC. The recipient must provide to FPAC written certification that the protected information (paper copy, electronic copy, or both) has been properly destroyed, removed from any electronic storage media, or both. 9. Any State's "sunshine law," "open records act" or other version of the Freedom of Information Act is superseded by section 1619 under the Supremacy Clause of the U.S. Constitution. Accordingly, information protected from disclosure by section 1619 must not be released under such State laws. b. Protected Information. 1. Examples of the types of information prohibited by disclosure under Section 1619 include, but are not limited to, the following: i. State identification and county number (where reported and where located). ii. Producer or landowner name, business full address, phone number, Social Security Number, and similar personal identifying information. iii. Farm, tract, field, and contract numbers. iv. Production shares and share of acres for each Farm Serial Number (FSN) field. v. Acreage information, including crop codes. vi. All attributes for Common Land Units (CLUs) in USDA's Geospatial Information System vii. Any photographic, map, or geospatial data that, when combined with other maps, can be used to identify a landowner. viii. Location of conservation practices. 2. Section 1619 allows disclosure of "payment information (including payment information and the names and addresses of recipients of payments) under any Department program that is otherwise authorized by law" (emphasis added). The names and payment information of producers generally may be provided to the public; however, the recipient shall consult with FPAC if there is any uncertainty as to the provision of such information. 3. Section 1619 also allows disclosure of otherwise protected information if "the information has been transformed into a statistical or aggregate form without naming any—(i) individual owner, operator, or producer; or (ii) specific data gathering cite." The recipient must consult with FPAC as to whether specific information falls within this exception prior to relying on this exception. c. Violations. The recipient will be held responsible for violations of this provision and Section 1619. A violation of this provision by the recipient may result in action by FPAC, including termination of the underlying Federal award. d. Effective Period. The requirements of this provision is effective on the date of the final signature and will continue until FPAC notifies the recipient that it is no longer required based on changes in applicable Federal law. XVII. AWARD CLOSEOUT a. Award closeout is the process by which FPAC determines that all required project activities have been performed satisfactorily and all necessary administrative actions have been completed. b. The recipient must submit, no later than 90 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the agreement, including documentation showing that match or cost -share requirements have been met. The awarding agency may approve extensions when requested by the recipient. c. Unless the awarding agency authorizes an extension, the recipient must liquidate all obligations incurred under the agreement not later than 90 calendar days after the end date of the period of performance. d. Recipients must submit all requests for reimbursements no later than 90 calendar days after the end date of the period of performance. e. The recipient must promptly refund any balances of unobligated cash that the awarding agency paid in advance or paid and that are not authorized to be retained by the recipient for use in other projects. See OMB Circular A-129 and see §200.345 Collection of amounts due, for requirements regarding unreturned amounts that become delinquent debts. f. Recipients must retain all records pertaining to the agreement in accordance with 2 CFR 200.333-337 and any additional requirements included in the agreement statement of work. g. Recipients must follow disposition requirements for property acquired with award funds in accordance with 2 CFR 200.310-316. Page 15 of 15 of r�rtrrE �4k4hS'1 113 West Mountain Street Fayetteville AR 72701 (479) 575-8323 Resolution: 169-20 File Number: 2020-0473 UNITED STATES DEPARTMENT OF AGRICULTURE COMMUNITY COMPOST AND FOOD WASTE REDUCTION PROGRAM: A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A MATCHING GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE COMMUNITY COMPOST AND FOOD WASTE REDUCTION PROGRAM IN THE AMOUNT OF $90.000.00 WHEREAS, the United States Department of Agriculture recently launched a new grant opportunity for community compost and food waste reduction projects. and WHEREAS. in 2016 the City of Fayetteville began a commercial food waste composting pilot project and has continued to expand the program since that time; and WHEREAS, the USDA grant would be used to create a mobile food waste trailer that would be used at the Fayetteville Farmers Market and other area events; and WHEREAS, required matching funds for the grant from the City of Fayetteville in an amount up to $22,500.00 are proposed to come from the Recycling & Trash Collection promotional activities budget, 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 authorizes an application for a matching United States Department of Agriculture grant in an amount up to $90,000.00 for the creation of a mobile food waste trailer for use at the Fayetteville Farmers Market and other events. Papa 1 Printed on aw7120 Resolution: 169-20 File Number 2020-0473 PASSED and APPROVED on 6/16/2020 Attest: R K •'•C v��Fy�': G• Kara Paxton. City Clerk Treasurer ON c Papa 2 P►hMd an 0/17/20 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 a • z k (479) 575-8323 . VY Text File File Number: 2020-0473 Aqenda Date: 6/16/2020 Version: ' Status: Passed In Control: City Council Meeting File Type: Resolution Aqenda Number: A. 8 UNITED STATES DEPARTMENT OF AGRICULTURE COMMUNITY COMPOST AND FOOD WASTE REDUCTION PROGRAM: A RESOLUTION TO AUTHORIZE AN APPLICATION FOR A MATCHING GRANT FROM THE UNITED STATES DEPARTMENT OF AGRICULTURE COMMUNITY COMPOST AND FOOD WASTE REDUCTION PROGRAM IN THE AMOUNT OF S90.000.00 WHEREAS, the United States Department of Agriculture recently launched a new grant opportunity for community compost and food waste reduction projects: and WHEREAS, in 2016 the City of Fayetteville began a commercial food waste composting pilot project and has continued to expand the program since that time; and WHEREAS, the USDA grant would be used to create a mobile food waste trailer that would be used at the Fayetteville Farmers Market and other area events; and WHEREAS, required matching funds for the grant from the City of Fayetteville in an amount up to $22,500.00 are proposed to come from the Recycling & Trash Collection promotional activities budget. 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 authorizes an application for a matching United States Department of Agriculture grant in an amount up to $90,000.00 for the creation of a mobile food waste trailer for use at the Fayetteville Farmers Market and other events. City or Fay-V-06. A►kaiaas Papa 1 Prh on AH7/I020 Peter Nierengarten Submitted By Agenda Se,;iun Walk 0n h/9/20 City of Fayetteville Staff Review Form 2020-0473 6/16/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 6/8/2020 SUSTAINABILITY/RESILIENCE (631) Submitted Date Division / Department Action Recommendation: Approval to submit a USDA Community Compost and Food Waste Reduction Grant application for up to $90,000 (City match portion up to $22,500) 5 500.750.5060-5 342.00 Account Number Budget Impact: Recycling and Trash Collection Fund Promotional Activities Project Number Project Title Budgeted Item? Yes Current Budget $ 121,367.00 Funds Obligated $ - Current Balance $ 121,367.00 Does item have a cost? Yes Item Cost $ 22,500.00 Budget Adjustment Attached? No Budget Adjustment Remaining Budget $ 98,867.00 V20180321 Purchase Order Number: Previous Ordinance or Resolution * Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF FAYETTEVILLE W4V ARKANSAS MEETING OF JUNE 16, 2020 TO: Mayor and City Council THRU: Susan Norton. Chief of Staff FROM: Peter Nierengarten, Environmental Director DATE: June 8. 2020 CITY COUNCIL MEMO SUBJECT: Approval to submit a USDA Community Compost and Food Waste Reduction Grant application for up to $90,000 (City match portion up to $22,500) RECOMMENDATION: Staff recommends approval to submit a USDA Community Compost and Food Waste Reduction Grant application for up to $90,000 (City match portion up to $22,500). This item is recommended as a walk-on for the June 16" City Council meeting due to the short timeline between the grant informational call on June 4" and the grant submission deadline on June 26". This short timeline did not allow staff to meet the legistar submission deadline for the June 16" City Council meeting and the next City Council Meeting is not until July 7", which is after the great submission deadline. BACKGROUND: Approximately 30% of the waste generated in the City of Fayetteville is organic matter, including food waste. yard waste. and biodegradable paper. While organics make up nearly a 1/3 of the total waste stream in Fayetteville, they also represent a great opportunity for waste diversion since organic matter can be turned into valuable products including compost and mulch. In January 2016, the City began a four -month commercial food waste composting pilot project utilizing the Modified Static Aerobic Pile (MSAP) composting method as part of the City's Solid Waste Diversion and Recycling Master Plan. Results from that pilot were submitted to the Arkansas Department of Environmental Quality (ADEQ) as part of an organics compost permit modification application later that year. ADEQ granted the City's request for a permit modification from a Type Y (yard waste only) to a type O (organics - yard waste and food waste) in early 2017. Later that year. the City began greatly expanding the commercial food waste composting program with additional businesses, public schools and the University of Arkansas. Currently the City has 32 commercial food waste compost customers. Commercial food waste is mixed with yard waste at the City's Compost Facility on Armstrong Rd. to generate a nutrient rich compost product that is sold to residents and businesses. The City also sells another yard waste only compost and mulch at the Armstrong Rd. facility. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville. AR 72701 In January 2020 the City began offering two residential drop-off locations for food waste compost one at the Marion Orton Recycling Center and the other at the Armstrong Rd. compost facility. In April 2020. as part of the Covid-19 pandemic response the City added a third residential food waste drop-off location at the Happy Hollow Recycling Center and launched home delivery of finished commercial food waste compost to residents. This compost delivery program has been very popular, providing over 110 deliveries in the first two months. The Recycling and Trash Collections Division has been experiencing shortages of finished compost due to high demand during the on -going pandemic. DISCUSSION: The USDA recently launched a new grant opportunity for community compost and food waste reduction for projects that: • Anticipate or demonstrate economic benefits; • Incorporate plans to make compost easily accessible to agricultural producers, including community gardeners; • Integrate other food waste strategies. including food recovery efforts, and • Collaborates with multiple partners. Staff is working on a grant application to create a mobile food waste trailer for use with a bucket exchange program at the Fayetteville Farmers Market and other events. The trailer would be outfitted with interactive education about composting. This would add an additional drop off site where residents/farmers could bring their food waste, which will help increase feedstock into our compost program. Additionally, the grant would be used to fund a part time environmental educator to staff the trailer at events. BUDGET/STAFF IMPACT: The City's required matching funds (up to $22,500) for this project are proposed to come from Recycling & Trash Collection Promotional Activities Budget. Attachments: Food Waste Compost Graphic USDA Notice of Opportunity: Community Compost and Food Waste Reduction Project Grant 06 Fruits r" Food -soiled paper: paper bags, paper towels. paper t napkins, waxed cardboard boxes Coffee gnnds & tea with filters 'A ...... Vegetables Consumable liquids Broad dough. bakery items, pasta, grains Eggs & cgg shells Is Dairy: milk, cheese. yogurt Cooked meats E y & flsh: shells 1 bones wooden skewers, wooden cocktail sticks Processed Foods: %.> pizza, cereal, chips. N` �_ sackers. cooked meats plate scraps Please contact the City of Fayetteville Recycling and Trash Collection Division at 479.575.8390 or recyclingandtrash rtfayetteville-ar.gov to learn more. Notice of Funding Opportunity (NFO) SUMMARY INFORMATION Federal Awarding Agency Name: U.S. Department of Agriculture — Natural Resources Conservation Service Funding Opportunity Title: Community Compost and Food Waste Reduction (CCFWR) Protect Funding Opportunity Number: USDA-NRCS-NFIQ-CCFWR-20-NOF00001018 Catalog of Federal Domestic Assistance (CFDA) Number (also known as Assistance Listing): 10.935 Funding Opportunity Announcement Summary: The U.S. Department of Agriculture (USDA), Natural Resources Conservation Service (NRCS) is soliciting applications under the Office of Urban Agriculture and Innovative Production (OUAIP) from local governments to host a Community Compost and Food Waste Reduction (CCFWR) pilot project for fiscal year (FY) 2020. The anticipated amount available for CCFWR in FY 2020 is approximately $900.000. This announcement provides information regarding the eligibility criteria for projects and applicants, and the application forms and instructions needed to apply for the CCFWR cooperative agreement. Applications will be accepted from eligible entities in any of the 50 States, the District of Columbia. the Caribbean Area (Puerto Rico and the U.S. Virgin Islands), and the Pacific Islands Area (Guam. American Samoa, and the Commonwealth of the Northern Mariana Islands). Key Dates Applications must be received by 11:59 p.m. Eastern "rime on June 26, 2020 through Grants.gov. Applications received after this deadline will not be considered for funding. A webinar will be held on Thursday, June 4, 2020, 2:00 - 4:00pm Eastern Standard Time to provide an overview of the CCFWR program purpose, project types, eligibility, and basic requirements for the submission of an application. Event: Urban Cooperative Agreement Food Waste Reduction and Composting Webinar When: Thursday 4 June 2020.02:00 PM - 04:00 PM Time Zone: (GMT-05:00) Eastern Time (US and Canada) (Please note that Daylight Saving Time (+01:00 hr) is in effect during this time) Page 1 of 17 To register now, please visit the following link: https://usdanres.adobeconnect.comlezwshvub5ti8/e%ent'rcuistration.html To know more about the event, please visit our website: https:/jusdanres.adobeconnect.com/ezwshvub5ti8ievetit/event info.html Federal Funding Floor and Ceiling Amounts Approximately $900,000 will be available to fund applications under this solicitation. In FY 2020. NRCS' CCFWR intends to solicit applications and fund pilot projects in no fewer than 10 states. The primary goal of CCFWR is to assist local governments with projects that develop and test strategies for planning and implementing municipal compost plans and food waste reduction plans. The funding Floor for this opportunity is $45,000, and the Funding ceiling is $90.000. The funding floor means the minimum agreement funding amount for the Federal share per agreement awarded. The ceiling is the maximum agreement funding amount for the Federal share per agreement awarded. A. PROGRAM DESCRIPTION 1. Legislative Authority The authorizing statutes and regulations for this opportunity are under section 12302 of the Agriculture Improvement Act of 2018 (Public Law 115-334), (7 USC 6923). 2. Purpose and Priorities The CCFWR Project is administered by NRCS' OUAIP. The mission of the office is to encourage and promote urban. indoor, and other emerging agricultural practices, including community composting and food waste reduction. CCFWR specifically provides assistance through a cooperative agreement to municipalities, counties, local governments. or city planners to develop and test strategies for planning and implementation that will 1) generate compost: 2) increase access to compost for agricultural producers: 3) reduce reliance on, and limit the use of, fertilizer: 4) improve soil quality: 5) encourage waste management and permaculture business development; 6) increase rainwater absorption: 7) reduce municipal food waste; and 8) divert food waste from landfills. Page 2 of 17 MRCS will enter into cooperative agreements with local or municipal governments in no fewer than 10 states. 3. Project Type Descriptions Only CCFWR Project cooperative agreement proposals will be accepted. No single cooperative agreement proposal award will exceed $90.000. Priority will be given to an application for a CCFWR pilot project that: • Anticipates or demonstrates economic benefits; • Incorporates plans to make compost easily accessible to agricultural producers. including community gardeners: • Integrates other food waste strategies, including food recovery efforts:. and • Collaborates with multiple partners. B. FEDERAL AWARD INFORMATION 1. Estimated Funding The total amount of Federal funding the agency expects to award through this opportunity is approximately $900,000. 2. Start Dates and Performance Periods NRCS expects applicants to complete their projects within the required timeframe. Projects should be 2 years in duration. Applicants should plan their projects based on a project start date of September 15. 2020, and completion date of September 30, 2022. 3. Type of Federal Award NRCS plans to award cooperative agreement(s) pursuant to this opportunity. The agency and its Federal partners will be substantially involved in the work performed under the agreement and will undertake activities such as the following: NRCS will connect pilot projects with other USDA agencies such as, and not limited to, the Economic Research Service (ERS), National Institute of Food and Agriculture (NIFA), the Office of the Chief Economist (OCE), and Federal partners like the United States Environmental Protection Agency (EPA) to collaborate on project activities and outcomes that contribute to the U.S. Food Loss and Waste 2030 goal. Page 3 of 17 NRCS will coordinate and convene the CCFWR pilot project team(s) and other Federal government, regional, institution, state, and local experts to share information and strategies related to CCFWR with the goal of enhancing the locally driven process to better address nationally and regionall% important composting and food waste reduction goals that transcend localities. • Further. NRCS will gather the methods, results, and benefits derived from the project to evaluate and disseminate different solutions for increasing access to compost and reducing municipal food waste across the United States. 4. Number of Awards The agency expects to make no more than 20 awards. 5. Procurement Contracts The agency does not expect to award procurement contracts associated with this opportunity. 6. Eligibility of Renewal or Supplemental Project Applications This is a new program in FY 2020, therefore all applications must be submitted as ..new.'. Applications for renewal or supplementation of existing projects are not eligible to compete with applications for new Federal awards. An application for renewal means an application submitted to continue an existing agreement that meets the objectives and requirements of this NFO. An application for supplementation of an existing project means an application to add components to an existing agreement so that it would meet the objectives and requirements in this NFO. C. ELIGIBILITY INFORMATION 1. Eligible Applicants Applicants and applications must meet eligibility criteria by the application deadline to be considered for award. Eligible applicant "type" is determined by the implementing program statute. Applicant entities identified in the SAM.gov Exclusions database as ineligible, prohibited/restricted or excluded from receiving Federal contracts and certain Federal assistance and benefits will not be considered for Federal funding, as applicable to the funding being requested under this Federal program (2 CFR 200.205(d)). Page 4 of 17 Eligibility for this opportunity is limited to the following entity "types': Local governments are defined as any unit of government within a state. including a county, borough; municipalit\: city: town; township: parish; local public authority. including any public housing agency under the United States Housing Act of 1937 (50 Stat. 888) (P.L. 75-4 12): special district; school district; intrastate district: council of governments, whether or not incorporated as a nonprofit corporation under State law: and any other agency or instrumentality of a multi -state. regional, or intra-state or local government. Refer to section D of this opportunity announcement for required documentation supporting eligibility status. 2. Cost Sharing or Matching This opportunity requires applicants to match 25 percent of total project costs. Applications that do not include matching will he ineligible for an award. Matching may be achieved with contributions of cash, supplies, services, third party in -kind contributions, or a combination of both from sources other than funds provided through the grant. There is no competitive advantage for an applicant to provide a match that exceeds the required amount. if the project is selected for funding, any exceeding amount will be considered voluntary and must be documented and secured at the time of the award. Refer to section D.. Item e., Bullet ii., of this opportunity for required letters and other documentation related to the match requirement. Additional details about matching funds/contributions is located at 2 CFR 200.306. Applicants cannot use program income (as defined in 2 CFR 200.80) or any other Federal funds as a match. 3. Other Applicants are required to collaborate on the pilot project with multiple partners. such as public or private, nonprofit or for -profit entities, academic institutions (including minority -serving colleges and universities), and/or other appropriate professionals, community -based organizations, and local government entities. Only the applicant must meet the eligibility requirements. Refer to section D, Item g., of this opportunity for required letters related to the collaborator requirement. Any individual award made pursuant to this opportunity will be made to a single entity. Applicants that apply as "partnerships" or other similar groupings must clearly describe the relationship between the applicant and the "partner" parties. In all but exceptional cases, it must be reflected in the award as an awardee/subawardee relationship. Page 5 of 17 D. APPLICATION AND SUBMISSION INFORMATION For technical issues with Grants.gov, please contact Grants.gov Applicant Support at 1- 800-518-4726 or su port a grants.gov. Awarding agency staff cannot support applicants regarding Grants.gov accounts. 1. Address to Request Application Package All standard forms and instructions necessary for this opportunity announcement are included in the Grants.gov opportunity. ?. Content and Form of Application Submission To be considered for funding under this opportunity. an application must contain: a. Project Summary/Abstract Present a statement of need or assessment of the problem. Define the target audience and end users of this project. Define the composting and food waste reduction goals in your area. Describe how this project will initiate or build upon or expand related work or programs. The summary should also include the relevance of the project to the purpose and priorities of CCFWR defined in A.?. b. Proposal The pilot project proposal must include the below headings followed by a narrative that includes a response for each of the points noted below. • Introduction. Describe the applicant organization in terms of its location and demographics. Describe past and current involvement with developing and testing strategies for planning and implementing municipal compost plans and food waste reduction plans. Present a statement of need or assessment of the problem in your region of the United States. Describe your approach to solving existing problems and concerns related to increasing community compost and reducing food waste. • Objectives and Procedures. Discuss planned procedures and activities for achieving project goals and providing project deliverables. Describe your plans to make compost easily accessible to agricultural producers, including community gardeners. Describe food waste strategies, methods and plans including food recovery efforts to be utilized. For each task Page 6 of 17 identify key personnel involved, and timelines for achieving milestones. • Collaborators. List partner institutions and contact names, addresses, phone numbers, and e-mail addresses (if applicable). Explain why the applicant and its partners selected the activities proposed in the application. Include how your project will impact any existing food waste recovery and disposal by commercial, marketing, or business relationships in your area. • Evaluation. Provide a plan for evaluating accomplishments and outcomes, matching to project deliverables. Include a timeline of activities with milestones and verifiable indicators to demonstrate how progress will be measured and achieved. Include any anticipated or demonstrated economic benefits. Discuss if strategies to better address composting and food waste reduction goals have the potential to be replicated. • Self-Sustainability. Describe which aspects or components of the project will continue beyond the end of the project period. Discuss how a one-time infusion of Federal funds will be sufficient for the proposed pilot project to advance CCFWR goals and achieve sustainability. Projects should identify actual or potential funding sources for continuation of the project after Federal funding has ended. c. The text of the proposal must be single spaced and typed in New Times Roman, no smaller than 12-point font and must not exceed 15 pages. The proposal shall not exceed 10 pages of written text, and up to 5 additional pages for figures and tables. We have established this maximum (15 pages) to ensure fair and equitable competition. Letters documenting collaboration or match are not included in the 15-page limit. Proposals that fail to comply with the required content and format will not be considered for funding. Material exceeding stated page limits and/or formatting structure will not be considered. Incomplete and/or noncompliant proposals will not be considered. d. Application Form: (Standard Form 424 Application for Federal Assistance) See Instructions for Completing SF 424 located in the Related Documents tab of this opportunity on Grants.gov. Page 7 of 17 e. Standard Form (SF) 424A, Budget Information - Non -Construction Programs. Fill in all spaces as appropriate. Section B. Item 6, Column I should reflect the agency funds, and Column 2 should reflect the applicant's matching funds. This form is the summary budget for the project and should include the full project totals on pages one and two. See Instructions for Completing SF 424A located in the Related Documents tab of this opportunity on Grants.gov. f. Budget Narrative. In a separate narrative titled "Budget Narrative", explain and justify all requested budget items/costs. Detail how the totals on the SF- 424A were determined and demonstrate a clear connection between costs and the proposed project activities. For personnel salary costs, include the base- line salary figures and the estimates of time (as percentages) to be directly charged to the project. Describe any item that under the applicable Federal cost principles requires the agency's approval and estimate its cost. See Instructions for Completing Budget Narrative located in the Related Documents tab of this opportunity on Grants.gov. i. As required in Title 2 of the Code of Federal Regulations Part 200. Subpart F Audit Requirements, all U.S. states, local governments, federally -recognized Indian tribal governments, and non-profit organizations expending $750,000 USD or more in Federal award funds in a fiscal year must submit a Single Audit report for that year through the Federal Audit Clearinghouse's Internet Data Entry System. ii. Matching/Cost Share must be committed or secured at the time of application submission. Applications must include written documentation showing the amounts and sources of match (including both cash and in -kind contributions). Signed letters verifying matching funds for each cash and/or in -kind resource is required. For third -party contributions, a separate letter of support is required for each contribution, signed by the authorized organizational representative of the contributing organization and the applicant organization, which must include: (1) the name, address, and telephone number of the contributor. (2) the name of the applicant organization, (3) the title of the project for which the contribution is made, (4) the dollar amount of the contribution, and (5) a statement that the contributor will pay the contribution no later than the end of the award period. The agency may conduct reference checks to ensure that organizations identified are supportive and involved with the project. Letters documenting match are not included in the 15-page limit. Page 8 of 17 iii. All applicants are hereby notified of the following: • Recipients without an approved indirect cost rate are prohibited from charging indirect costs to a Federal award. (Accepting the 10% de minimis rate as a condition of award constitutes establishing an approved rate.) • Failure to establish an approved rate during the award period renders all costs otherwise allocable as indirect costs unallowable under the award. • Recipients are prohibited from shifting unallowable indirect costs to another Federal award unless specifically authorized to do so by legislation. g. Negotiated Indirect Cost Rate Agreement (NICRA), Required if applicant is requesting indirect costs. See Part D.6.. The NICRA must be in PDF format and attached to the Grants.gov application package. Indirect costs may not be recovered under an expired NICRA as described in Part D.6.a. See Part D.6. for use of the De Minimis rate. Collaborator Letter(s). Documentation verifying support from collaborators is required, such documentation may include a separate letter of support for each partner that is signed by the authorized representative of the organization, including: (1) the name, address, and telephone number of the collaborator, (2) the name of the applicant organization, (3) the title of the project for which the collaborator will participate, and (4) a statement verifying the role of the collaborator during the project period. The agency may conduct reference checks to ensure that organization(s) identified are supportive and involved with the project. Letters documenting collaboration are not included in the 15-page limit. Certification and Disclosure of Lobbying Activities. Under Title 31 of the United States Code. Section 1352, an applicant or recipient must not use any Federally appropriated funds (both annually appropriated and continuing appropriations) or matching funds under a grant or cooperative agreement award to pay any person for lobbying in connection with the award. Lobbying is defined as influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress connection with the award. Submission of an application also represents the applicant's certification of the statements in 2 CFR Part 418, Appendix A -Certification Regarding Lobbying. If you/your organization have/has made or agrees to make any payment using non - appropriated funds for lobbying in connection with this application AND the Federal share exceeds $100,000, you must also complete and submit the SF LLL, Disclosure of Lobbying Activities located at 2 CFR 418, Appendix B. See 2 CFR, Subpart 418.110 for more information on when additional submission of this form is required. Page 9 of 17 j. Post Award Documentation. None required. 3. Unique entity identifier and System for Award Management (SAM) Each applicant (unless the applicant is an individual excepted from those requirements under 2 CFR §25.1 10(b) or (c). or has an exception approved by the Federal awarding agency under 2 CFR §25.1 10(d)) is required to: (i) Be registered in SAM before submitting its application; (ii) provide a valid unique entity identifier (Data Universal Numbering System (DUNS) number) in its application: and (iii) continue to maintain an active SAM registration with current information at all times during which it has an active Federal award or an application or plan under consideration by a Federal awarding agency. The agency may not make a Federal award to an applicant until the applicant has complied with all applicable unique entity identifier and SAM requirements and, if an applicant has not fully complied with the requirements by the time the agency is ready to make an award, it may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant. Entities must obtain a DUNS and register in SAM prior to registering with Grants.gov. A description of each is below. Entities are strongly encouraged to apply early for their DUNS number and SAM registration. Data Universal Numbering System (DUNS) Number: A Dun and Bradstreet DUNS number is a unique, nine -digit sequence recognized as the universal standard for identifying and keeping track of over 70 million businesses worldwide. Applicants must obtain a DUNS number. Information on how to obtain a DUNS number can be found at http://fedgov.dnb.com/webform or by calling 1-866-705-5711. System for Award Management (SAM) Registration: SAM is the official Federal system that consolidated the capabilities of Central Contractor Registry, Federal Agency Registration, Online Representations and Certifications Application, and Excluded Parties List System. To register, go to: https://www.sam.gov. The Federal Service Desk is available for registration assistance and can be contacted via the Help tab at the website listed above. Awarding agency staff cannot support applicants regarding DUNS or SAM issues. 4. Submission Dates and Times Applicants must submit applications via Grants.gov. Applications must be received by 11:59 pm Eastern Time on June 26, 2020. Late submissions will not be reviewed or considered. The agency will rely on system generated date and time receipt documentation to determine whether applications meet the Page 10 of 17 submission deadline. Grants.gov provides and automatic acknowledgement when applications are received. 5. Intergovernmental Review This funding opportunity is not subject to Executive Order 12372, "intergovernmental Review of Federal Programs." 6. Funding Restrictions Funds may not be used to pay any of the following costs unless otherwise permitted by law, or approved in writing by the Authorized Departmental Officer in advance of incurring such costs: • Costs above the amount of funds authorized for the project: • Costs incurred prior to the effective date of the grant; • Costs which lie outside the scope of the approved project and amendments thereto; • Entertainment costs, regardless of their apparent relationship to project objectives: • Compensation for injuries to persons, or damage to property arising out of project activities; • Meals for business, meals when individuals decide to go to lunch or dinner together when no need exists for continuity of a meeting. Such activity is considered an entertainment cost. • Alcoholic beverages, regardless of their apparent relationship to project objectives; • Contributions or donations, including cash, property, and services, from the recipient to, other entities; • Compensation for injuries to persons, or damage to property arising out of project activities; • Fines, penalties, damages and other settlements resulting from violations of, alleged violations of, or failure to comply with. Federal, state, tribal, local or foreign laws and regulations; • Fundraising for organized fundraising, including financial campaigns, solicitation of gifts and bequests, and similar expenses incurred to raise capital or obtain contributions, regardless of the purpose for which the funds will be used; • Goods or Services for Personal Use of the recipient's employees regardless of whether the cost is reported as taxable income to the employees; • Political Activities for development or participation in political activities in accordance with provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324- 7326): • Consulting services performed by a Federal employee during official duty hours when such consulting services result in the payment of additional compensation to the employee; and Page 11 of 17 • Management fees and profit. This list is not exhaustive. Questions regarding the allowances of particular items of cost should be directed to the administrative contact person listed in this opportunity announcement. Indirect costs limitations: a. To be eligible to recover any indirect cost under a Federal award. recipients must either I ) have a current negotiated indirect cost rate agreement (NICRA) with a Federal agency that has not expired: or 2) qualify for use of the de minimis rate authorized by 2 CFR 200.414(t). In order to qualify for the de minimis rate, the recipient must have never had a NICRA. A State, local, or tribal governmental department or agency unit that receives more than $35 million in direct Federal funding is not eligible for the de minimis rate. Applicants which have a current NICRA must calculate indirect costs using the rate and base specified in their NICRA. A recipient may voluntarily reduce or waive recovery of indirect costs at its sole discretion and must not be encouraged or coerced in any way to do so by the agency. Unrecovered indirect costs may not be applied as part of cost share/match. Unrecovered indirect costs means the difference between the amount charged to the Federal award and the amount which could have been charged to the Federal award under the recipient's approved negotiated indirect cost rate (2 CFR 200.306(c)). A copy of the applicant's current NICRA must be provided with the application. Indirect costs may not be recovered under an expired NICRA. c. Entities that are eligible for the de minimis rate who already have a de minimis rate agreement must use the rate and base specified in the agreement. which is modified total direct costs (MTDC) as defined by 2 CFR 200.68 and also excluding the amount of each subaward exceeding $25.000. Note that MTDC excludes certain costs from the base to which the rate is applied. A copy of the applicant's de minimis rate agreement must be provided with the application. If a recipient is eligible to use the de minimis rate, but does not have a de minimis rate agreement, use an indirect cost rate of no more than 10% of MTDC when preparing the budget. if selected for award, a de minimis rate agreement will be executed along with the award. E. APPLICATION REVIEW INFORMATION 1. Merit/Technical Criteria A. Review and Selection Process Applications will be evaluated in a 2-part process. First, each application will be screened to ensure that it meets the administrative requirements as set forth in this Page 12 of 17 NFO. Second, applications that meet these requirements will be technically evaluated by a review panel. Appropriate members of NRCS and other USDA agencies will review all applications submitted, and where necessary. also may seek the opinions of others who are qualified to render expert advice in the area to be supported. Risk reviews will be conducted by the FPAC Business Center, Grants and Agreements Division. After reviews have been completed, pilot projects recommended for funding will he submitted to the approving official. The approving official will make the final award decisions. The approving official for this opportunity is the Chief of NRCS. B. Evaluation Criteria The weights and evaluation criteria below will be used in reviewing applications submitted in response to this NFO: 1) Consistency with the CCFWR's purpose and priorities presented herein (20%), 2) Potential for significant positive impact on existing food waste recovery and disposal by commercial, marketing, or business relationships (20%); 3) Quality of the plan presented to integrate innovative food waste strategies and methods such as food recovery and ability to make compost easily accessible to agricultural producers, including community gardeners (20%); 4) Anticipated or demonstrated economic efficiency of the project, which includes evaluating the amount of Federal funds requested and the cost-effectiveness of the budget (including analysis of such items as the rental of equipment, vehicles, land, and building space during the length of the cooperative agreement instead of purchase thereof) in relation to the expected measurable outcomes and project impact (201/6); and 5) Quality of the plan for collaborating with multiple partners, including public or private entities, nonprofit or for -profit entities, academic institutions (including minority -serving colleges and universities), and/or other appropriate professionals, community -based organizations, and local government entities to achieve project objectives and outcomes (20%). 2. Risk Criteria The awarding agency will check SAM to ensure the applicant is not suspended or debarred, which would preclude receiving an award. In addition, prior to making a Federal award with a total Federal share greater than the simplified acquisition threshold (5250.000), the agency must review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (the Federal Awardee Performance Integrity Information System, FAPIIS) (see 41 U.S.C. 2313 and 2 CFR 200.205(a)). To further comply with the requirements at 2 CFR 200.205, the agency has established the following risk review process and related standards that an applicant must meet to be considered for award: Page 13 of 17 a. Financial Stability. The applicant certifies that it maintains adequate financial resources or cash flow to meet its financial obligations on a routine basis and successfully complete any agreement it may be awarded. b. Quality of Management Systems and Ability to meet Management Standards prescribed in 2 CFR Part 200. The applicant certifies it has a financial management system adequate to segregate and track Federal funds. It further certifies is has adequate systems in place for proper agreement administration: compliance with the standards outlined in 2 CFR Part 200 Section D for procurement, property, and records management: and required financial and performance reporting. c. History of Performance. If the applicant has previously obtained Federal financial assistance award, it certifies that it has never failed to materially comply with the Federal award terms and conditions and further that it has never had an award terminated on that basis. Submission of an application constitutes certification that an applicant meets these standards. 3. Awards Over the Simplified Acquisition Threshold Notice to applicants: a. Prior to making a Federal award with a total Federal share greater than the simplified acquisition threshold ($250,000), the agency must review and consider any information about the applicant that is in the designated integrity and performance system accessible through SAM (the Federal Awardee Performance Integrity Information System, FAPIIS) (see 41 U.S.C. 2313 and 2 CFR 200.205(a)); b. An applicant may review information in FAPIIS accessible through SAM and comment on any information about it that a Federal awarding agency previously entered; The agency will consider any comments by the applicant, in addition to the other information in the designated integrity and performance system, in making a judgment about the applicant's integrity, business ethics, and record of performance under Federal awards when completing the review of risk posed by applicants as described in 2 CFR 200.205, Federal awarding agency review of risk posed by applicants. 4. Anticipated Selection Announcement and Federal Award Dates The agency anticipates announcing or notifying successful and unsuccessful applicants by August 31, 2020 and expects to have Federal awards in place by September 30, 2020. Page 14 of 17 F. FEDERAL AWARD ADMINISTRATION INFORMATION 1. Federal Award Notices The agency will provide notice that an application has been selected before it makes the Federal award. As such, the selection notification is not an authorization to begin performance. Any pre -award costs incurred by the awardee will not be reimbursed. The Notice of Grant and Agreement Award (ADS-093) signed by the authorized agency representative is the only authorizing document and will be provided electronically to the entity's authorized representative for signature. Both successful and unsuccessful applicants with be notified of the award decision via letter. 2. Administrative and National Policy Requirements All project funds will be used in accordance with 2 CFR 200 and the General Terms and Conditions: a copy of the General Terms and Conditions may be obtained by contacting the Federal Awarding Agency Contacts listed in this opportunity announcement. 3. Reporting Reporting will follow the guidelines included in the General Terms and Conditions but will generally include electronic submission of semiannual progress reports. quarterly financial status reports, and final reports. Applicants that receive awards pursuant to this opportunity and any sub awardees must comply with the reporting requirements described at 2 CFR Part 170, unless an exception applies. Applicants must ensure they have the necessary processes and systems in place to comply with those requirements. A list of exceptions can be found at 2 CFR 170.1 10(b). G. FEDERAL AWARDING AGENCY CONTACT(S) For questions regarding this opportunity, please contact: Administrative Contact Name: Michele Devaney Grants Management Specialist FPAC Business Center Email: Michele.Devaney(a,usda.gov Page 15 of 17 Program Contact Name: Annie Ceccarini USDA Awarding Agency Email: Ann ie.Ceccarini d''usda.gov H. OTHER INFORMATION 1. Stakeholder Input NRCS welcomes your comments about this Notice of Funding Opportunity (NFO). We will consider the comments in developing the next NFO. Email written stakeholder comments within 90 days of the announcement of the publication date of this NFO to: urbanagriculture'a usda.gov (This e-mail address is intended only for receiving comments regarding this NFO and not requesting proposals or forms.) In your comments, please include the following words on the subject line of your email "Community Compost and Food Waste Reduction Project" and indicate in the body of your message that you are providing comments on the NRCS Notice of Funding Opportunity. 2. Questions Questions regarding this opportunity must be submitted to the Administrative Contact identified above via email with the Opportunity Number in the subject line. Questions must be submitted by June 05, 2020. A questions and answers document addressing all questions will be posted to the Related Documents tab of this opportunity in Grants.gov by June 11, 2020. 3. Technical Issues For technical issues with Grants.gov, please contact Grants.gov Applicant Support at 1-800-518-4726 or supportLagrants.gov. Awarding agency staff cannot support applicants regarding Grants.gov accounts. 4. Freedom of Information Act (FOIA) Applications are considered confidential information. Applications are not shared with individuals or entities seeking public disclosure through the Freedom of Information Act (FOIA) without the consent of the applicant. More specifically, Executive Order 12600 and USDA FOIA regulation 7 CFR Part I, Subpart A requires the awarding agency to provide notice to applicants that a third party has requested copies of their business information and requires the awarding agency to consult with applicants regarding the releasing their records. Page 16 of 17 5. Government Obligation The Federal Government is not obligated to make any Federal award as a result of this opportunity. Only authorized Federal officials can bind the Federal Government to the expenditure of funds. U.S. Department of Agriculture Non -Discrimination Statement In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies. the USDA. its Agencies, offices. and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion. sex, gender identity (including gender expression), sexual orientation, disability, age, marital status. family/parental status, income derived from a public assistance program. political beliefs. or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at https://www.ascr.usda.gov/filinp,-program- d iscrim ination-complaint-usda-customer and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue. SW Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intakequsda.gov. USDA is an equal opportunity provider, employer, and lender. Page 17 of 17 City of Fayetteville, Arkansas - Budget Adjustment Form (Legistar) Budget Year Division Adjustment Number /Org2 SUSTAINABILITY/RESILIENCE (631) 2020 Requestor: Shannon Newman BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION: To accept U.S. Department of Agriculture Community Compost and Food Waste Reduction (CCFWR) pilot project grant. RESOLUTION/ORDINANCE COUNCIL DATE: 9/1 7/2020 LEGISTAR FILE ID#: 2020-0776 H oVy 3 Lack 911712020 4:04 PM Budget Director TYPE: JOURNAL #: GLDATE: CHKD/POSTED: Date TOTAL 73,870 73,870 v.20200820 Increase / (Decrease) Project.Sub# Account Number Expense Revenue Project Sub.Detl AT Account Name 5500.750.5080-4309.01 - 73,870_ 32009 RE Federal Grants - Operational 5500.750.5080-5342.00 71,870 - 32009 EX Promotionals - Activities 5500.750.5080-5342.00 2,000 - 32009 EX Promotionals - Activities 5500.750.5060-5342.00 (22,500) - EX Promotionals - Activities 5500.750.5080-5210.00 18,000 - 32009 EX Minor Equipment 5500.750.5080-5342.00 4.500 - 32009 EX Promotionals - Activities H:\Budget Adjustments\2020_Budget\City Council\10-06-2020\20-0776 USDA Community Compost Grant 1 of 1