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Home My WebLink AboutITEM VIII-B-5* * CITY OF * ` WAS H I NGTO N AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 4536 - Grant Award from US Environmental Protection October 5, 2009 A enc Department: Attachments: Budget Impact: Planning, Building & Community Resolution No. 4536 $45,180 Transmitted Grant Agreement Document from US Environmental Protection A enc Administrative Recommendation: City Council approve Resolution No. 4536 accepting the award of the U.S. Environmental Protection Agency Grant and authorize the Mayor to sign a grant agreement with the EPA. Background Summary: On April 16, 2009, the City of Auburn submitted to the U.S. Environmental Protection Agency (EPA) an application for grant funding to conduct a comprehensive assessment of active wetland mitigation sites. The City was notified in writing by the EPA today of its approval of a 75% cost share grant of up to $33,885 of federal funding to conduct mitigation site evaluation and submitted to the City a grant agreement which sets forth the terms and conditions for this grant. The grant award is for $33,885. This money will be used to hire a qualified technical consultant to work with City staff to analyze 50 active wetland mitigation sites within the City of Auburn and produce a wetland mitigation best practices and standards manual. The City of Auburn will contribute $11,295 of in- kind time for grant management, consultant management, project management and limited field work ~oversight. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITT'EES: ❑ Building ❑ M&O ❑ M ❑ Airport 0 Finance ayor ❑ Cemetery ❑ Hearing Examiner ❑Municipal Serv. D 0 Finance ❑ Parks ❑ Fire ❑ Planning ❑ Human Services ❑ Planning & C ❑ Park Board ~ Public Works 0 Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councitmember: Backus Staff: Baker Meetina Date: October 5, 2009 Item Number: AjJ$~RN * M4RE THAN Y(JU IMAGINED RESOLUTION NO. 4 5 3 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO ACCEPT GRANT FUNDS FROM THE U.S. ENVIRONMENTAL PROTECTION AGENCY WHEREAS, the City submitted to the U.S. Environmental Protection Agency (EPA) an application on April 16, 2009, for grant funding to conduct a comprehensive assessment of active wetland mitigation sites; and WHEREAS, the City was notified by the EPA of its approval of the a 75% cost share grant of up to $33,885 of federal funding to conduct mitigation site evaluations; and WHEREAS, the EPA has submitted to the City a grant agreement which sets forth the terms and conditions for this grant; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Purpose. The Auburn City Council does hereby accept the U.S. Environmental Protection Agency offer of a grant in the amount of Thirty Three Thousand eight hundred and eighty five dollars ($33,885). Section 2. Implementation. The Mayor of the City of Auburn is hereby authorized to sign the Grant Agreement with the U.S. Environmental Protection Agency which is attached hereto and identified as Exhibit "A", and authorizes the Mayor to implement such administrative procedures as may be necessary to carry out the directions of this Resolution, and further authorizes the amendment of the department's budgets which is attached hereto and identified as Exhibit «B„ Resolution No. 4536 October 5, 2009 Page 1 Section 3. Effective Date. This Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED THIS DAY OF , 2009. CITY OF AUBURN ATf EST: PETER B. LEWIS, MAYO R Danielle E. Daskam, City Clerk AP VE TO F RM: Daniel B. Heid, City Attorney Resolution No. 4536 October 5, 2009 Page 2 CD - 00J00001; 0 Pape 1 . • ASSISTANCE ID NO. O~0¢ ENVIRONMENTAL U S PRG DOC ID AMEND# DATE OF AWARD ~ . . PROTECTION AGENCY CD 00J00001 p 09i23/2009 ~ ~fto TypE OF ACTION MAILING DATE = 4 New 09/30/2009 GCa~1t A C t t PAYMENT METHOD: ACH# g @e ll@11 ~ p END RECIPIENT TYPE: Send Payment Request to: Township Las Vegas Finance.Center FAX # 702-798-2423 RECIPIENT: PAYEE: City of Aubum City of Aubum 25 W Main Street 25 W Main Street ' Aubum, WA 98001 Auburn, WA 98001 EIN: 91-6001228 PROJECT MANAGER EPA PROJECT OFFICE R EPA GRANT SPECIALIST Keliy McLain Aardat • Linda Storm Yvette Downs 25 W Main Street 1200 Sixth Avenue, Suite 900, ETPA-083 1200 Sixth Avenue, Suite 900, OMP-145 Auburn, WA 98001 Seattle, WA 98101 Seattle, WA 98101 E-Matl: kmclain@aubumwa.gov E-Mail: Storm.Linda@epamail.epa.goy E-Mail: Downs.Yvette@•epa.gov Phone: 253-288-7432 Phone: 206-553-2578 Phone: 206-553=6321 . PAOJECT TITLE AND DESCRIPTION Auburn Wetland Mitigation Assessment The City of Auburn will conduct a comprehensive assessment of its active wetland mitigation sites. Approximately 50 sites wi{I be evaluated. A doc.ument wili be produced and a planning document developed to assist local land-use planners in reviewing and approving appropriate mitigation performance standards. Field methods will be developed with input from EPA, U.S. Army Corps and Washington Department of Ecology to ensure use of best available science and consistency across mitigation site evaluation efforts. Mitigation site assessment resufts from this work will be shared with other locai jurisdictions. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 10/01 /2009 - 12I30/2011 10/01 /2009 - 12/30/2011 $45,180.00 . $45,180.00 NOTICE OF'AWARD Based on your application dated 04/16/2009, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (ERA), hereby awards $33,885. EPA agrees to cost-share 75.000% of all approved budget period costs incurred, up to and not exceeding total federal funding of $33,865. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under th.e Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regufatory provisions.are 40 CFR Chapter 1, Subchapter B, and ali terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS " • EPA Region 10 . ' U.S. EPA, Region 10 Mail 'Code: oMP-145 Office of Ecosystems, Tribal and Pubiic Affairs . 1200 Sixth Avenue, Suite 900 • 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 Seattle, WA 98101 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE. DATE Digital signature applied by EPA Award Official Armina K. Nolan, Manager - Grants and Interagency Agreements Unit 09/23/2009 . AFFIRMATION OF AWARD ' BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE ' TYPED NAME AND TITLE QATE Kevin Snyder, Assistant Planning Director EPA Funding Information co - ooJoooo, - o Page2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 33,885 $ 33,885 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federai Funds $ $ . $ 0 Recipient Contribution $ $ 11,295 $ 11,295 State Contribution $ • $ $ 0 Local Contribution $ $ $ 0 • Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 45,180 $ 45,180 Assistance Program (CFDA) Siatutory Authodry RegulatoryAuthoriry 66.461 - Regionai. Wetlands Program -Development Grants Clean Water Act: Sec. 104(b)(3) 40 CFR FTS 31 & 35 SUBPT A \ Fiscal Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation / Code Organization Class Organization Deobligation - 0910UWG00 0 Ei 10U 403607E 415 93,88 8 33,85-1 Budaet Summarv Paae CD - 00J00001 - 0 Page 3 Table A- Object Class Category (Non-construction) Total Approved Allowable Budget Period Cost 1. Personnel • $11,122 2. Fringe Benefits $3,818 a. Travel $0 4. EquipmeM $0 5. Supplies $0 6. Contractuai $30,240 7. Construction $0 8. Other • $0 9. Total Direct Charges $45,180 10. Indirect Costs: % Base . $0 11. Total (Share: Recipient 25.00 % Federal 75.00 $45,180 12. Total Approved Asslstance Amount $33,885 13. Program .tncome $0 14. Total EPA Amount Awarded This Action $33,885 15. Total EPA Amount Awarded To Date $33,885 Administrative Conditions 1. Payment Information CD - OOJ00001 - 0 Page 4 All recipients must be enrolled to receive funds electronically via the EPA-EFT Payment Process. This electronic funds transfer process was initiated by EPA in response to the Debt Collection Improvement Act of .1996, P.L. 104-134 that requires all federal payments be made via Direct Deposit/Electronic Funds Transfer(DD/EFT). By signing the assistance agreement you are agreeing*to. receive payment electronically. In order to receive payments electronically, the ACH Vendor/ Miscellaneous Payment Enrollment Form (SF3881) must be completed and faxed to Marge Pumphrey at (702) 798-2423. After reviewing and processing the SF3881, the Las Vegas Finance Center (LVFC) will send you a letter assigning you an EFT Control Number, an EPA-EFT Recipient's Manual, and the necessary forms for requesting funds and reporting purposes. If you need further assistance regarding enrollment, please contact Marge Pumphrey at (702) 798-2492 or by e=mail to: pumphrey.margaret@epa.gov. . Any recipient currently using the Automated Standard Application for Payments. (ASAP) system with another government agency should contact Marge Pumphrey at-(702) 798-2492 or e-mail to: pumphrey.margaret@epa.gov. \ Under any of the above payment mechanisms, recipients may requesUdraw down advances for their immediate cash needs, provided the recipient meets the requirements of 40 CFR 30.22(b). or 40 CFR 31.21(c), as applicable: Additionally, recipients must liquidate all obligations incurred within 90 calendar days of the project period end date. Therefore, recipients must submit the final request for paymenf, and refund to EPA any balance of unobligated cash advanced within 90 calendar days after the end of the project period. , 2. Cost Principles/Indirect Costs Not Included (All Organizations) The cost principles of OMB Circular A-21, "Cost Principles for Educational Institutions," relocated to 2 CFR Part 220, OMB Circular A-87, State, Local or Indian Tribal Governments," relocated to 2 CFR Part 225, or OMB Circular A-122, "Cost Principles for Non-Profit Organizations," relocated to 2 CFR Part 230, are applicable, as appropriate, to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement. 3. Financial Status Report (FSR) and Federal Cash Transactions Reports FINAL FSR The Financial Status Report (FSR), Standard Form 269A (or Standard Form 269 if program income is generated), for this award is due to EPA no,later than 90 days after the budget period expires. For agreements with multiple budget activities, separate FSRs must 6e provided for each of the activities, sites, or budgets, as applicable. FEDERAL CASH TRANSACTIONS REPORTS The recipient will provide timely reporting of cash disbursements and balances through annual submission (within fifteen (15) working days following December 31 of any given calendar year) of a Federal Cash Transactions Report (SF-272). The Final FSR and Federal Cash Transactions Reports may be faxed to (702) 798-2423 or mailed to: US Environmental'Protection Agency Las Vegas Finance Center . P.O. Box 98515 Las Vegas, NV 89193-8515 For additionai information, please contact Marge Pumphrey at (702) 798-2492 or email: Pumr)hrey.Margaret@epa.gov. Ef'A may take enforcement actions in accordance with 40 CFR 30.62 or 40 CFR 31.43 if the recipient does not comply with this term and condition. 4. Audit Requirements The recipient agrees to comply with the requirements of OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 5. Hotel-Motel Fire Safety Act Pursuan1t to 40 CFR 30.18, if applicable, and 15 USC. 2225a, the recipient agrees to ensure that all space for conferences, meeiings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and control guidelines of the Hotel and Motel Fire Safety Act (PL 101-391, as amended). Recipients may search the Hotel-Motel National Master List at http://www.usfa.dhs.gov/applications%hotel to see if a property is in compliance (FEMA ID is currently not required), or to find other information about the Act. 6. Recycled Paper /NSTITUTIONS OF HIGHER EDUCATlON HOSPITALS AND NOfV-PROFlT ORC,AN/ZATIONS: In accordance with 40 CFR 30.16, the recipienf agrees to use recycled paper and double sided printing for alf reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or-to Standard Forms, which are printed on recycled paper and are availabfe through the General Senrices Administration. STATE AGENCIES AND POLIT/CAL SUBDIVIS/ONS: In accorciance with Section 6002 of the Resource Conservatiorl and Recovery Act (RCRA) (42 U.S.C. 6962) any State agency or agency of a pofiticaf subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth. Regulations issued under RCRA Section 6002 apply.to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal ye.ar was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EFA. These guidelines are listed in 40 CFR 247. STATE AND LOCAL INSTITUT/DNS OF H/GHER EDUCATION AND NON-PROFIT • ORGANIZATlONS: In accordance with 40 CFR 30.16, State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs fuhded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. STATE TR/BAL.AND LOCAL GOVERNMENT RECIPIENTS: In accordance aivith the polices set forth in EPA.Order 1000.25 and Executive Order.13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. Ttiis requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 7. Lobbying ALL REC/PIENTS: The recipient agrees to comply with Title 40 CFR Part 34, New Resfrictions on Lobbying . The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms acaordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. PART 30 REC/P/ENTS: _ All contracts awarded by a recipient shall contain, when applicable, the anti-Iobbying provision as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a nonprofit organizatibn described in Section 501(c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit organization described in Section 501(c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. 8. Lobbying and Litigation ALL RECIP/ENTS: The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The recipient shall abide by its respective OMB . Circular (A-21, A-87, or A-122), which prohibits the use of Federal grant funds for litigation against the United States or for lobbying or other political activities. 9. Suspension and Debarment . Recipient shall fully comply with Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "R"esponsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient is responsible for ensuring that any lower tier covered transaction as described in Subpart B of 2 CFR Part 180 and 2 CFR Part 1532, entitled NCovered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this . assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.eals.caov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 10. Drug-Free Workplace Certification for all EPA Recipients The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free wprkplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36.510. Recipients can access the Gode of Federal Regulations (CFR) Title 40 Part 36 at http://www.access.qpo.qov/nara/cfr/waisidx06/40cfr36 06.html. 11. Management Fees Management fees or similar charges in excess of the direct cosfs and approved indirect rates are not . allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for otfier similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the .extent authorized as a direct cost of carrying out the scope of work. 12. Reimbursement Limitation If the recipient expends more than the amount of federal funding in its EPA approved budget in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse the recipient for costs incurred in excess of the EPA approved budget. 13. 'Frafficking Victims Protection Act of 2000 . To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the . Prohibition Statement below; or (2) has an employee vtirho is determined by the agency official authorized to terminate the award to have violated an applicable, prohibition in the Prohibition Statement below through conduct that is either: (a) associated with perfarmance under this award;.or (b) imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an . organization that are provided in 2 CFR part 180, "OMB Guidelines, to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532. You must lnform us Immediately of any Infnrmation you receive from any source alleging a vlalatlon of a prohibition in the Prohibition Statement below. • b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVRA), as amended (22 U.S.C. 7104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below in any subaward you make #o a private entity. . , Prohibition Statement - You a§ the recipient, your employees, subrecipients under this award; and subrecipients' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or subawards under the award. 14. Disadvantaged Business Enterprise Requirements (Effective May 27, 2008) GENERAL COMPLIANCE, 40 CFR, Part 33 _ The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D A recipient must negotiate with the appropriate EPA-award official, or his/her designee, fair share objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial assistance agreements. Accepting the Fair Share Objectives/Goals of Another Recipient The dollar amount of this assistance agreement is over $250,000; or the total dollar amount of all of the recipient's non-TAG assistance agreements from EPA in the current fiscal year is over $250,000. .The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the Washington Office of Minority and Women's Business Enterprises as follows: MBE: PURCHASED GOODS 8°/a; PURCHASED SERVICES 10%; PROFESSIONAL SERVICES 10% WBE: PURCHASED GOODS 4%; PURCHASED SERVICES 4%; PROFESSIONAL SERVICES 4% By signing this financial assistance agreement, the recipient is accepting the fair share objectives/gaals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or- similar relevant geographic buying market as Washington Office of Minority and Women's Business Enterprises. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33.40.4 The recipient has the bption to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed IVIBE/VVBE objectives/goals based on an availability analysis, or disparity study, of qualified MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBFJW BE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within.the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub-recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: • (a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government recipients, this will include pfacing DBEs on solicitation lists and soliciting them whenever they are potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for -large contracts could subcontract with DBEs. For IndianTribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime.contractor awards subcontracts, require the. prime contractor to take the steps in paragraphs (a) through-(e) of this section. MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503 The recipient agrees to complete and submit EPA Form 5700-52A, .'.'MBFJWBE Utilization Under'Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a recipient's MBE/WBE accomplishments. The reports must be submitted annually for the period ending September 30 `h for: 40 CFR Part 30 Recipients (Non-profits and lnstitutions of Higher Education); and 40.CFR Part 35 Subpart A and Subpart B Recipients. The reports are due within 30 days of the end of the annual reporting period (October 30`h). Reports should be sent to the EPA Region 10, Grants Administration Unit, 1200 Sixth Avenue, . Suite 900, Mailcode: OMP-145, Seattle, WA 98101. For further information, please contact Greg Luchey at (206) 553-2967, email: Luchev.GreqCepa.aov. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be of#icially closed without all MBE/WBE reports. . ' EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.epa.qovlosbq. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to eomply with fhe contract administration provisions of 40 CFR, Section 33.302. BIDDERS LlST, 40 CFR, Section 33.501(b) and (c) Recipients of a Cantinuing Environmental Program Grant or other annual reporting grant, agree to ereate and maintain a bidders list. Recipients of an.EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipienf of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. 15. Payment to Consultants EPA participation in fhe salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18); to be adjusted annually. This limit applies to consultation services of designated individuals with. specialized skills who are paid at a daily or hourly rate. As of January 1, 2009, the limit is $587.20 per day $73.40 per hour. This rate does not include . transportation and subsistence costs for travel pertormed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded.using the procurement requirements in 40 CFR Parts 30 or 31, as applicable, are not affected by this fimitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing secvices under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.360), as applicable, for additional information. NOTE: -For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select "Salary and Wages", and select "Executive Schedule°. The annual salary is divided by 2087 hours to determine the max imum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. Proprammatic Conditions 1. Quarterly Performance Reports The recipient shall submit performance reports every four (4) months during the life of the project. Reports shall be submitted to the EPA Project Officer (Linda Storm, storm.linda@epa.gov, (206) 553-6384) and may be provided electronically. - In accordance with 40 CFR Part 30.51(d) and 40 CFR Part 31.40, as appropriate, the recipient agrees to submit performance reports that include brief information on each of the following areas: (a) a comparison of.actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; . (b) the reasons for slippages if established outputs7outcomes were not met; (c) additional pertinent information, including when appropriate, analysis and information of cost overruns or high unit costs. In addition to the quarterly performance reports, the recipient shall immediately notify the EPA Project Officer af developments that have a significant impact on the award-supported activities. In.accordance with 40 CFR Part 30.51(f) and 40 CFR Part 31.40(d), as appropriate, the recipient agrees to inform the EPA Project Officer as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistarice agreement work plan. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. 2. Preparing Field Assessment Methodology . . The recipient will hold a cobrdination meeting with federal (EPA and Corps) and State (Ecology) agencies to review and compare field methodologies for evaluating wetland mitigation sites. Such meeting will be held within the first quarter (approximatel.y November 2009) of. the grants issuance. Upon adoption of field monitoring and assessment methods with state and federal agency input, the recipient will develop a QA/QC plan for the EPA Project Officer's review/approval. The target date for this submittal is within the 2nd quarter after the grant is issued (February 2010). 3. Annual Performance Reports and Product Development The recipient shall submit annual performance reports. Reports shall include prodUcts produced under this grant, including: (1) Field methods chosen and used to evaluate 50 wetland mitigation sites, (2) QA/QC Plan, (3) Draft of Best Management Practices and "Guide for Successful Wetland Mitigation Project in the Green River Valley" for review by the EPA project officer, (4) Final "Guide for Successful Wetland Mitigation Projects in the Green River Valley", and (5) Policy Guidanee Document on Effective Wetland Mitigation Performance Standards: Reports shall be submitted to the EPA Project Office arid may be provided electronically. In accordance with 40 CFR Part 30.51(d) and 40 CFR Part 31.40, as appropriate, the recipient agrees to submit performance reports that include brief information on each of the following areas: (a) a comparison of actual accomplishments to the outputs/outcomes established in the assistance agreement work plan for the period; . (b) the reasons for slippages if established outputs/outcomes were not met; (c) additional pertinent information, including when appropriate, analysis and information of eost overruns or high unit costs. In addition to the annual performance reports, the recipient shall immediately notify the EPA Project Officer of developments. that have a significant impact on the award-supported activities. In accordance with 40 CFR Part 30.51(f) and 40 CFR Part 31.40(d), as appropriate, the recipient agrees to inform the EI?A Project Officer as soon as problems, delays or adverse conditions become known which .will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. This notification shall include a statement of the action taken or contemplated, and any assistance needed to resolve the situation. 4. Final Performance Report In addition to the periodic performance reports, the recipient shall submit a final performance report, which is due 90 calendar days after the expiration or termination of the award. This report shall include an evaluation of findings from the wetland mitigation site review and include products produced under this grant. Products include a description of field methods used to collect data at the sites, the final. QA/QC plan, the "Guide for.Successful Wetland Mitigation Projects in the Green River Valley," and the guidance document for effective performance standards. The final report shall be submitted to the EPA Project Officer and may be provided electronically. The report shall generalfy contain the same information as in the periodic reports (including the grant products as described above), but should cover the entire project period. After completion of the project, the EPA Project Officer may waive the requirement for a final performance report if the EPA Project Officer deems such a report is inappropriate or unnecessary, if these products and earlier.reports meet this need. . 5. Quality Assurance Requirements Acceptable Quality Assurance documentation must be submitted to the EPA Project Officer within 30 days of the acceptance of this ayreeinent or another ciate as negotiatecl with the EPA Project Officer. No work involving direct measurements or data generation, environmental modefing, compilation of data from literature or electronic media, and data supporting the design, construction, and operation of environmental technology shall be initiated under this proJect until the EPA Project Officer, in concert with the EPA Quality Assurance Manager, has approved the quality assurance.document. (See 40 CFR 30.54 or 31.45, as appropriate.) Additional information on fhese requirements can be found at the EPA Office of Grants and Debarment website: http://vuww.epa.gov/ogd/grants/assurance.htm. END OF ASSISTANCE AGREEMENT #CD-00J00001-0