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HomeMy WebLinkAboutExhibita�EU nt4rSp 0 U. S. ENVIRONMENTAL PROTECTION AGENCY NOTICE OF AWARD RECIPIENT NAME AND ADDRESS: Dorcas Perez, Acting Director Office of Grants Management City of Miami 444 SW 2"d Avenue Miami, FL 33130 2A-95422409-2 Assistance Agreement ❑x Assistance Amendment . 7 increase Decrease 7 Time Extension Administrative Enclosed are two copies of an Assistance Agreement from the U.S. Environmental Protection Agency. To accept this Notice of Award, please carefully review any terms and conditions, sign', and return one original copy to the following address. within 21 days' of the mailing date on the Assistance Agreement: U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 4 GRANTS MANAGEMENT OFFICE 61 FORSYTH STREET, SW ATLANTA, GA 30303 ATTN: Shevella Wilson The other original should be retained for your official records and copies distributed within your organization as needed. Please note, funds will not be available for draw until we receive your countersigned affirmation of the award. To assist you.with your post award management responsibilities, please see "Reporting Forms and Guidance for Administration of Your Assistance Agreement?." This document contains important post -award reporting renuiremente and instructions on how to receive payments. ' To view this and other EPA grant -related information, visit our Region 4 Grants Office website at: www.epa.gov/reg1on41grants1 Please reference the EPA Assistance Number on all future correspondence regarding this Assistance Agreement. If you have any questions, you may contact the Grants Specialist identified above at (404)562-8414 or Wilson.shevella@epa.gov ' Must be signed by authorized representative -as shown on the Affirmation of Award signature block or formally authorized. delegate. 2 Failure to countersign and return within 21 days of the mailing date may result in withdrawal of this award. 3 Please contact your Grant Specialist if you need a, paper copy of this document. U.S. Environmental Protection Agency Region 4 Grants Management Office 2A - 95422409 - 9 Pane 9 ASSISTANCE ID N0. o#00Sr4t °y c U.S. ENVIRONMENTAL PROTECTION AGENCY Assistance Amendment DATEOFAWARD . 09/01/ 2010 PRG DOC ID AMEND# 2A - 95422409 - 2 TYPE OF ACTION No Cost Amendment MAILINGDATE 0 9/0 112 01 0 PASAYP ENT METHOD: 4023# c1t� RL RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center RECIPIENT: PAYEE: City of Miami City of Miami 444 SW 2nd Avenue 444 SW 2nd Avenue Miami, FL 33130 Miami, FL 33130 EIN: 59-6000375 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Jose Davila Sr. Seema Rao Shevella Wilson 1390 NW 20th Street 61 Forsyth Street Grants Management Office Miami, FL 33142 Atlanta, GA 30303-8960 E -Mail: wiison.shevella@epa.gov E -Mail: jdavila@miamigov.com E -Mail: Rao.Seema@epa.gov Phone: 404-562-8414 Phone: 305/329.4869 Phone: 404-562-8429 PROJECT TITLE AND EXPLANATION OF CHANGES National Clean Diesel Funding Assistance Program, (B) This action approves an extension to the budgeUproject period from 09/30/10 to 06/30/11 to allow the City of Miami additional time to achieve the goals in the workplan. This assistance agreement provides funding under the American Recovery & Reinvestment Act of 2009 to replace seventeen. refuse haulers with new haulers. BUDGET PERIOD PROJECT PERIOD, TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST . 06/01/2009 - 06/30/2011 06/01/2009 - 06/3012011 $2,927,400.00 $2,927,400.00 NOTICE OF AWARD .Based on your application dated 06/12/2008, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $0. EPA agrees to cost -share 25_00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $731,850. Such award maybe terminated by EPA without further cause if the recipient falls to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the'Grants Management Office listed below within .21 days after receipt, or any extension of time, as maybe granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ ADDRESS ORGANIZATION/ ADDRESS 61 Forsyth Street. Atlanta, GA 30303.8960 U.S. EPA, Region 4 Air, Pesticides and Toxics Management Division 61 Forsyth Street Atlanta, GA 30303-8960 THE UNITED STATES OF AMERICA BY THE US. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL Digital signature applied by EPA Award Official TYPED NAME AND TITLE Shevella Wilson, Grants Management Specialist DATE 09/01/2010 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE TYPED NAME AND TITLE DATE Dorcas Perez, Acting Director, Office of Grants Management EPA Funding Information 2A-95422409-2 Page 2, FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 731,850 $ 0 $ 731,850 EPA In -Kind Amount $ 0. $ $ 0 Unexpended' Prior Year Balance $ 0 $ $ 0 Other Federal Funds $.0 $ $ 0 Recipient Contribution $ 2,195,550 $ $ 2,195,550 State Contribution $ 0 $ $ 0 Local Contribution $ 0 $ $ 0 Other Contribution $ 0 $ $ 0 Allowable Project Cost $ 2,927,400 $ 0 --T!-92-7,40-01 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.09'- National Clean Diesel Funding Assistance American Recovery and Reinvestment Act of American 40 CFR PART 31 (B) 2009 Site/Project Cost Organization Energy Policy Act 2005 Public Law 109.58 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation / Deobligation ri Rudncf Cummary Pana• Gifv of Miami SFDC 2A - 95422409 - 2 Page 3 Tibia A -.Object Class Category (Non -construction) Total Approved Allowable Budget Period Cost 1. Personnel $0 2., Fringe Benefits $0 3. Travel $0 4. Equipment$2,927,400 S. Supplies $0 8. Contractual $0 7. Construction $0 8. Other $0 9. Total Direct Charges $2,927,400 10. Indirect Costs: 0.000/6 Base $0 11. Total (Share: Recipient 75.00% Federal 25_00 %.) ' $2,927,400 12. Total Approved Assistance Amount $731,850 13. Program income $0 14, Total EPA Amount Awarded This Action $0 15. Total EPA Amount Awarded To Date - $731,850 2A - 95422409 - 2 Page`4 Administrative Conditions All Administrative Conditions Remain the Same Pro_mrammatic Conditions All Programmatic Conditions Remain the Same k F) 31, or, tir U. S. ENVIRONMENTAL PROTECTION AGENCY NOTICE OF AWARD RECIPIENT NAME AND ADDRESS: Robert Ruano, Director Grants & Sustainable Initiatives City of Miami 444 SW tad Avenue Miami, FL 33130 Assistance Agreement F1 Assistance Amendment increase Decrease Time Extension O Administrative 2A-95422409-0 Enclosed are two copies of an Assistance Agreement from the U.S. Environmental Protection Agency. To accept this Notice of Award, please carefully review any terms and conditions, sign', and return one original copy to the following address within 21 days' of the mailing date on the Assistance Agreement: U.S. ENVIRONMENTAL PROTECTION AGENCY REGION 4 GRANTS MANAGEMENT OFFICE 61 FORSYTH STREET, SW ATLANTA, GA 30303 ATTN: Shevella Wilson The other original should be retained for your official records and copies distributed within your organization as needed. Please note, funds will not be available for draw until we receive Your eountersiened affirmation of the award. To assist you with your post award management responsibilities, please see "Reporting Forms and Guidance for Administration of Your Assistance AgreemanP." This document contains important cost -award reporting reeuiraments and instructions on how to'receive navments. To view this and other EPA grant-raiated information, visit our Region 4 Grants Office website at: www. epa.gnv1rsgien4/grants/ Please referencethe EPA Assistance_ Number on all future correspondence ragarding,thls Assistance Agreement, If you haye arty questions, ypy may contact the Grants Specialist identified above at (404)562-8414 or Wilson,shgvelia@spa.gov ' Must be signed by authorized representative as shown on the Affirmation of Award signature block or formally authorized delegate. Failure to coNntersign-nd-tgjum thin 2] da)s�zfaheJnailiog date _may [esultJ_n_withdcawal_of this award._..__ e Please contact your Grant Specialist If you need a paper copy of this document. U.S. Environmental Protection Agency Region 4 Grants Management Office ��-p j �1 F) 2A • 95422409 - 0 Pace 1 ASSISTANCE ID NO. U.S. ENVIRONMENTAL DATE OF AWARD PRG DOC to JAMEND# 2A - 95422409 - 0 o��Eoergz� 07/0212009 F4,t, PROTECTION AGENCY TYPE OF ACTION New MAILING DATE 07/06/2009 T tS° Cooperative Agreement PAYMENT METHOD: ACH!/ 4L PRS ASAP 40237 RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center RECIPIENT: PAYEE: City of Miami City of Miami 444 SW 2nd Avenue 444 SW 2nd Avenue Miami, FL 33130 Miami, FL 33130 EIN: 59.6000375 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Laura Cherney Gracy Danois Shevella Wilson Office of Grants Administration 61 Forsyth Street Grants Management Office 444 SW 2nd Avenue, 5th Floor Atlanta, GA 30303.8960 E -Mail: wiison.shevelta@epa.gov Miami, FL 33130 E -Mail: Donois.Gracy@epa.gov Phone: 404-562.8414 E -Mail: lcherney@miamigov.com Phone: 404-502-9119 Phone: 3051416-1415 PROJECT TITLE AND DESCRIPTION National Clean Diesel Funding Assistance Program (B) This assistance agreement provides funding to the City of Miami under the American Recovery & Reinvestment Act of 2009. This project -will replace seventeen refuse haulers with new haulers. The new haulers -will use 100% biodlesel rather than the 2D% btodiesei, 80% conventional diesel that the City's Peet currently uses. The change In diesel fuel will improve the City's air quality by reducing diesel emissions. The applicant estimates thaYforty-five (45) jobs in the auto parts and heavy duty truck manufacturing sectors will be created and/or retained. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD CDST TOTAL PROJECT PERIOD COST 06/01/20D9 - 09/30/2010 0610112009 - D9/30/2D10 $2,927,400.00 $2,927,40D.00 NOTICE OF AWARD Based on your application dated 0611212008, Including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $7311,860. EPA agrees to cost -share 250`0% of all approved budget period costs incurred, up to and not exceeding total federal funding of $731,850, Such award may be terminated by EPA without further cause lithe recipient falls to provide timely affirmation of the award by signing underthe Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter S, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION f ADDRESS ORGANIZATION / ADDRESS U.S, EPA, Region 4 61 Forsyth Street Air, Pesticides and TOXIcs Management Division Atian Is. GA 30303-8960 61 Forsyth St, SW _- • :: _ : . - _Atlanta, GA .3A3D3 .-, :: THE UNITED STATES OF AMERICA BY THE US. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWARD OFFICIAL TYPED NAME AND TITLE DATE Digital signature applied by EPA Award Offlclal Elaine Curies, Grants Management Officer 07/02/2009 AFFIRMATION OF AWARD BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE I TYPED NAME AND TITLE__•_.,.______ "Robeen-Ruano,l5irector, DATE GFanis'&-Suitains ble IniEiafives F) EPA Funding Information 2A-95422409-0 .Page FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 731,850 $ 731,850 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ 2,195,550 $ 2,195,550 State Contribution $ $ $ 0 Local Contribution $ $ $ 0 Other Contribution $ $ —T-5 Allowable Project Cost $ 0 $ 2,927,400 $ 2,927,400 Assistance Program (CFDA) I Statutory Authority Regulatory Authority 66.039 - National Clean Diesel Funding Assistance American Recovery and Reinvestment Act of 40 CFR PART 31 Program (B) 2009 09D4VWS01 091 Energy Policy Act 2005 04V2101AH4EDN Public Law 109-58 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Slte/Project Cost Obligation! Organization Deobligation 09D4VWS01 091 E4S 04V2101AH4EDN 4112 731,85 6 731.65 2A - 95422409 - 0 Page 3 Table A - Object Class Category (Non -construction) Total Approved Allowable Budget Period Cost 1. Personnel $D 2. Fringe Benefits $0 3. Travel $0 A. Equipment $2,927,40D 5. Supplies $0 6. Contractual $D 7. Construction $0 8. Other - $0 S. Total Direct Charges $2,927,400 10. Indirect Costs: D.OD°% Base $0 11. Total (Share: Recipient 75.00 % Federal 25.00 %.) $2,927,400 12. Total Approved Assistance Amount $731,850 713. Program Income $0 14, Total EPA Amount Awarded This Action $731,850 15. Total EPA Amount Awarded To Date $731,850 2A - 95422409 - 0 . Page 4 Administrative Conditions 1, ADVANCE METHOD OF PAYMENT In accordance with EPA regulations, the recipient is authorized to receive advance payments under this agreement, provided that the recipient takes action to minimize the time elapsing between the transfer of funds from EPA and the disbursement of those funds. 2. REIMBURSEMENT LIMITATION EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as shown on line 15 In Its approved EPA budget. If the recipient incurs costs in anticipation of receiving additional funds from EPA, It does so at is own risk, The recipient is responsible for ensuring that projects funded under this agreement avoid unnecessary delays and are completed within the EPA approved budget. 3. MANAGEMENT FEES Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable, The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work, 4. FINANCIAL REQUIREMENTS Under the Automated Standard Application for Pavments (ASAP), the recipient initiates an electronic or voice-activated telephone payment request which is approved or rejected based on the amount of available funds authorized by EPA in the recipients account. Approved funds are credited to the recipient organization at the financial institution identified on the recipients ASAP enrollment application. The recipient agrees to the following conditions in accepting this assistance agreement: (A) Cash draw down will be made only as actually needed for its disbursement; (B) The recipient will provide timely reporting of cash disbursements and balances as required; (C) The recipient will impose the same standards of timing and reporting on secondary recipients, If any. Failure on the part of the recipient to comply with the above conditions may cause the undisbursed portions .of the assistance agreement to, be-r_eyoMcl _anal fltiallcjRg mefho�.c�ang=d #o ;a, reirp bursabje basis. 5. FINANCIAL STATUS REPORTS/GRANT CLOSEOUT A) Interim Financial Status Reports (FSR) An Interim Financial Status Report (FSR-SF269) is to be submitted to the appropriate EPA Grants MariagemeriFOfilee 90 d9ys aflrT'tlinMive7sar"f=ttiL--hrrojact-perfotl start--date'-'Interim-FSRs-shouId-be- submitted to: EPA Grants Management Office; 61 Forsyth Street SW, Atlanta, GA 30303 B) Final Financial Status Reports Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit a final Financial Status Report — also called the SF269— to EPA's Las Vegas Finance Center (LVFC), within ninety (90) days atter the expiration of the budget period end date. Assistance agreement recipients must also send Federal Cash Transaction Reports (SF -272) annually to the LVFC; the SF -272 is due 15 working days after December 31. Please note that these reports are required by EPA grant regulations (see 40 Code of Federal Regulations §31.41(c)), Completed SF269s and SF272s must be faxed to 702-798-2423 or mailed to the following address: USEPA LVFC, P.O. Box 98515, Las Vegas, NV 89193-8515. The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Financial Status Report. C) Closeout The Administrative Closeout Phase for this grant will be initiated with the submission of a "final" FSR. At that time, the recipient must submit the following forms/reports to the EPA Grants Management Office if applicable: Federally Owned Property Report An Inventory of all Property Acquired with federal funds Contractor's or Grantee's Invention Disclosure Report (EPA Form 3340-3) Additionally, the recipient's Final Request for Payment should be submitted to the LVFC. 6. EXTENSION OF PROJECT/BUDGET PERIOD EXPIRATION DATE (PART 31) If a no cost time extension is necessary to extend the period of availability of funds (budget period), the recipient must submit a written request, including a justification as to why additional time is needed and an estimated date of completion to the EPA, Grants Management Office prior to the budget/project period expiration dates. An interim FSR must be submitted along with the request which covers all expenditures and obligations to date. 7. SUBAWARD POLICY Recipient agrees to follow applicable sub-grant procedures irf accordance with 40 CFR Part 31, as appropriate. Subgrants/subawards do not have to be competed; however, successful applicants cannot use subgrants/subawards to avoid requirements in EPA regulations for competitive procurement by using subgrants/subawards to acquire, commercial services or products from for-profti organizations. Recipient agrees to comply with the following when selecting sub-recipients and establishing sub-awards: a) to establish all sub-award agreements in .writing; b) to maintain primary responsibility for ensuring successful completion of the EPA-approved project (this responsibility cannot be delegated or transferred to a sub-recipient); c) to ensure that any sub-award(s) comply with the standards in Section 210(a)-(d) of OMB Circular A-133 and will not be used to acquire commercial goods or services .for the. recipient; - d) to ensure that any sub-awards) are awarded to eligible sub-reciplent(s) and that proposed sub-award costs are necessary, reasonable, and allocable; A to ensure that anysub-award(s) to_501(c)(4j organizations do not involve lobbying activities; f to monitor the eormace of the •subreci ient s -and ensure thsftheY coinply with all applicable regulations, statutes, and terms and conditions which flow down in the sub-award; g) to obtain the appropriate consent from the EPA Project Officer prior to making a sub-award to a foreign or international organization, or a sub-award to be performed in a foreign country; and h) to obtain prior approval from the EPA Project Officer for any new sub-award work that is not outlined in the approved work plan in accordance with 40 GFR Parts 30.25 and 31.30, as applicable. Recipient agrees that any questions about the eligibility of a sub-recipient or other issues pertaining to the sub-award(s) will be addressed to the recipient's EPA Project Officer listed on the first page of your assistance award or assistance amendment document. Recipient agrees to be responsible for selection of any sub-reciplent(s) and, If applicable, for conducting sub-award competitions. Additional information regarding sub-awards.may be found at: http://www.boa.gov/oad/ciuide/subaward-DOIicy-r)art-2,i)df. Guidance for distinguishing befween.vendor and sub -recipient relationships and ensuring compliance with Section 210(a) -(d) of OMB Circular A-133 may be found at: http://www.epa.qov/oad/oulde/subawards-appendix-b.pdf and http://www.whitehouse.ac)viomb/circulars/al33/al33.html Subrecipients that are non-profit or for-profit organizations are subject to the provisions of regulations in 40 CFR Part 30, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-profit Organizations." State and focal government subrecipients are subject to the provisions of regulations in 40 CFR Part 31, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." a. SUSPENSION AND DEBARMENT Recipient shall fully complywith Subpart C of 2 CFR Part 180 and 2 CFR Part 1532, entitled "Responsibilities of Participants Regarding Transactions (Doing Business with Other Persons)." Recipient Is responsible for ensuring that any lower tier covered transaction as described in Subpart B of.2 CFR Part 180 and 2 CFR Part 1532, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose the information as required at 2 CFR 180.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at www.eols.gov. This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters," 9, TRAFFICKING VICTIM PROTECTION ACT OF 2000 To implement requirements of Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the following provisions apply to this award: a. We, as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity: (1) is determined to have violated an applicable prohibition in the Prohibition Statement below; or (2) -has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in the Prohibition Statement below through conduct that is either: (a) associated with performance under this award; or (b) imputed to the subreclpient using the standards and due process for imputing the conduct of an individual to an organization that are provided in.2 CFR part 1.80, "OMB Guidelines to.Agencfes on Government -wide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR part 1532. You must inform us Immediately of any information you receive from any source alleging a violation of a .prohibition in the Prohibition. Statement, below.. b. Our right to terminate unilaterally that is described in paragraph a of this award term: (1) implements section 106(g) of the Trafficking Victims Protection Act of 200D (TVPA), as amended (22 U.S.C. 7.104(g)), and (2) is in addition to all other remedies for noncompliance that are available to us under this award. c. You must include the requirements of the Prohibition Statement below in any subaward you make to a --•---•--private=entity.--- Prohibition Statement - You as the recipient, your employees, subrecipients under this award, and subreclpients' 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. 10. DRUG-FREE WORKPLACE CERTIFICATION - ALL EPA RECIPIENTS The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a drug-free workplace pursuant to the specific requirements set forth in Title 40 CFR 36.200 - 36.230. Additionally, in accordance with these regulations, the recipient organization must identify all known workplaces under Its federal awards, and keep this Information on file during the performance of the award. Those recipients who are individuals must comply with the drug-free provisions set forth in Title 40 CFR 36.300. The consequences for violating this condition are detailed under Title 40 CFR 36,510. Recipients can access the Code of Federal Regulations (CFR) Title 40 Part 36 at hflp://www.access.gpo.gov/nara/cfr/waisidx-06/40cfr36_06.html. 11. HOTEL -MOTEL FIRE SAFETY Pursuant to 40 CFR 30.18, If applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences, meetings, 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 Inst at http://www.usfa.dhs.govlappiications/hotel/to see if a property is in compliance (FEMA ID is currently not required), or to find other inlormation about the Act. 12. LOBBYING AND LITIGATION - ALL RECIPIENTS The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The recipient shall abide by its respective OMB Circular (A-21, A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. 13. RESTRICTIONS ON LOBBYING The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient shall include the language of this provision In award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly.. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34or falls 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. 14. RECYCLING AND WASTE PREVENTION In accordance with -the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal Environmental, Energy and Transportation Management (January 24, 2007) and or 40 CFR 30.16, the recipient agrees to use recycled paper and double sided printing for all reports which are prepared.as apart of this agreement and, delivered.to EPA. This. requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. 15. STATE AGENCIES AND POLITICAL SUBDIVISIONS In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C, 6962) any State agency or agency of a political subdivision of a State which is using appropriated Federal funds-shall-ccmpiy_with the:requirementa.set.forth—Regulatlons-issued_-ueder-R.GR-A.Se.etion:6002.appiy-te-- 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 year 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 EPA. These guidelines are listed in 40 CFR 247. 16. REQUIRED CERTIFICATIONS FOR•INFRASTRUCTURE INVESTMENTS Prior to obligating funds for a particular infrastructure investment project, recipient must (a) provide a certification from the Governor or Chief Environmental Executive, as appropriate, stating that (1) the infrastructure investment has received the full review and vetting required by law, and (2) the Governor or Chief Environmental Execulive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars; and (b) ensure that the certification is posted on a website and linked to www.recovery.gov, The certification shall Include a description of the Investment, the estimated total cost, and the amount of awardedfunds to -be used. For the purposes of this term and condition, "obligating funds' means entering into a contract requiring payment for specified goods or services or entering into a loan, reserving funds for a loan guarantee or bond issuance, or making a subaward (subgrant) of financial assistance. EPA considers projects for the construction, alteration, maintenance, or repair of Truck Stop Electrification (TSE) facitftles and diesel emissions reductions projects for heavy generators used in publicenergy production to be Infrastructure investments. Recipients that conduct Infrastructure investment projects must comply'with this term and condition. 17. INSPECTOR GENERAL REVIEWS In addition to the access to records provisions of 2 CFR 215.53 or 40 CFR 31.42, and in accordance with the provisions of section 1515 of the American Recovery and Reinvestment Act of 2009 (ARRA), recipient agrees to allow any appropriate representative.of the Office of Inspector General to (1) examine any records of the recipient, any of its procurement contractors and subcontractors or subgrantees, or any State or local agency administering such contract, that pertain to, and involve transactions relating to, the procurement contract, subcontract, grant or subgrant; and (2) interview any officer or employee of the recipient, subcontractor, grantee, subgrantee, or agency regarding such transactions. The Grantee is advised that providing false, fictitious or misleading information with respect to the receipt and disbursement of EPA grant funds may result in criminal, civil.or administrative fines and/or penalties:. Recipient should be aware that the findings of any review, along with any audits, conducted.by an inspector general of a Federal department or executive Agency and concerning funds awarded under ARRA shall be posted on the inspector general's website and linked to www.recovery.gov, except that information that is protected from disclosure under sections 552 and 552a of title 5, United States Code may be redacted from the posted version. 1S. PROTECTION OF WHISTLEBLOWERS In accordance with section 1553 of the American Recovery and Reinvestment Act of 2009 (Act), recipient agrees that employees of non -Federal employer receiving covered funds may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing, including a disclosure made in the ordinary course of an employee's duties, to the Recovery Accountability and Transparency Board, an Inspector general, the Comptroller General, a member of Congress, a State or Federal regulatory or law enforcement Agency, a person with supervisory authority over the employee, a court or grand jury, the head of a Federal agency, or their representatives, information that the employee reasonably believes Is evidence of (1) gross mismanagement of an agency contract or grant relating to grant funds; (2) a gross waste of covered funds; (3) a substantial and specific danger to public health or safety related to . implementation or use. of. t implementation or use of funds; (4) an abuse of.authority related to covered fund's; or (5) a violation of law, rule, or regulation related to a grant awarded or issued relating to covered funds, 19. FALSE CLAIM The grantee, and Its sub -grantees must promptly refer to EPA's Inspector General any credible evidence that a principal, employee, agent, sub -grantee contractor, subcontractor, loan recipient, or other person --has submftted-alalse:claim-.underthe.False:Claims-Act-or:has=committed.a-criminal.or civil violation of-- ----- laws pertaining to fraud, conflict of Interest, bribery, gratuity, or similar misconduct involving funds provided under this grant or sub -grants awarded by the grantee. 20. PREFERENCE FOR QUICK -START ACTIVITIES Preamble Pursuant to ARRA Division A, Title XVI, Subtitle D, §1602, recipients shall use grant funds in a manner that maximizes job creation and economic benefit. Section 1602 also imposes quick -start requirement for recipients using funds for infrastructure investments. The term infrastructure refers to the substructure or underlying foundation or network used for providing goods and services; especially the basic installations and facilities on which the continuance and growth of a community, State, etc., depend. Examples include roads, water systems, communications facilities, sewers, sidewalks, cable, wiring, schools, power plants, and transportation and communication systems. The DERA program provides funding for diesel emissions reductions projects that generally do not constitute infrastructure Investments. For the purposes of this term and condition, EPA has determined that Truck Stop Electrification (TSE) projects and diesel emissions reductions projects for heavy generators used In public energy production are infrastructure investments. Most other DERA funded activities will not tripper the Quick -Start provision. However, if a Recipient encounters a unique situation at a site that presents uncertainties regarding the Quick -.Start provision's applicability, the Recipient must discuss the situation with EPA before authorizing work. Ouick-Start Preference ;a) Recipient shall use funds in a manner that maximizes job creation and economlc benefit (b) Recipients using funds for infrastructure investment must give preference to funding activities that can be started and completed expeditiously, including a goal of using at least 50 percent of the funds for activities that can be initiated not later than June 17, 2009. 21. LIMIT ON FUNDS Recipient shall not use funds for particular activities for any casino or other gambling establishment, aquarium, zoo, golf course, or swimming pool. 22. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009, PUBLIC LAW 111-5, AND 2 CFR §176.50 (a) This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 20D9 ("Recovery Act") and to report on -use of Recovery Act funds provided through this award. Information from these reports will be made available to the public. The report will be posted to Recovery.gov. (b) The recipient of American Recovery and Reinvestment Act (Recovery Act) funds must report on the use of the funds by submitting the SF -PPA -Recovery form not later than 10 days after the end of each calendar quarter to EPA. The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded.in whole or In part by the Recovery Act. The - initial report is due by October 10, 2009. (c) Recipients. and th�ir.fl.r;t ti�raybtecipferlis musf.maintain active.and current registrations in the Central. Contractor Registration (www.ccr.gov) at all times during which they have active federal awards funded with Recovery Act funds, A Dun and Bradstreet Data Universal Numbering System (DUNS) Number www.dnb.com) is one of the requirements for registration in the Central Contractor Registration. (d) The recipient shall report the information described in.section 1512(c) using the reporting instructions and data elements that will be provided online at www.FederalReporting.gov and ensure that any - ' ---""-irtftsrmatfon�thai'is-pre-filled is corrected=or-updated�as-needed.-------------. Recipient agrees to use an EPA enterprise solution for reporting that reflects guidance from OMB. Specific guidance on the process, procedures, data tables, and schemes for reporting (which will rely on existing services such as the Exchange Network) will be published to recipients no later than 30 days after the OMS publishes its final guidance on recipient reporting. Recipient agrees to comply with any other regulations or guidance related to the reporting requirements of section 1512 of the Recovery Act issued by the DMB or EPA. 23. REQUIRED USE OF AMERICAN IRON, STEEL, AND MANUFACTURED GOODS Preamble Section 1605 of the Recovery Act (Division A, Title XVI, Subtitle D, §1605) states that none of the funds made available under the Recovery Act may be used for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. For the purposes of this Buy American term and condition (as applied to diesef emissions reduction projects conducted pursuant to DERA), EPA has determined that this term and condition applies to projects involving the construction, alteration, maintenance or repair of Truck Stop Electrification (TSE) facilities and projects for the construction, alteration, maintenance or repair of heavy generators (such as those used in public energy production) which are considered to be public works when a governmental entity is conducting the project. If a recipient encounters a unique situation that presents uncertainties regarding Buy American applicability, the recipient must discuss the.situation with EPA before procuring iron, steel, or manufactured goods for the project. Required Use of American Iron, Steel. and Manufactured Goods (not covered under international agreements) -Section 16D5 of the American Recovery and Reinvestment Act of 2009. The following award term applies to projects for the construction, alteration, maintenance, or repair of a public building or public work that does not involve iron, steel, and/or manufactured goods covered under International agreements: (a) Definitions. As usedln this award term and condition— "Manufactured good" means a good brought to the construction site for incorporation into the building or work that has been -- (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the Individual raw materials. "Public building" and 'public work" means a public building of, and a public work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying islands of the United States; State and local governments; and multi -State, regional, or interstate entities which have governmental functions). These buildings and works may include, without limitation, bridges, dams, plants, highways, parkways; streets, subways, tunnels, sewers; mains, power lines, pumping stations., heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works, ..... .. . . "Steel" means an alloy that includes at least 50 percent iron, between .02 and 2 percent carbon, and may include other elements, (b) Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009 (Recovery Act)(Pub. L. 111-5), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States except as provided in para ra fi•6 3 `an �• ofTfiis term and con�7c ition: --•• • - ---�------ � - (2) This requirement does not apply to the material listed by the Federal Government as follows: [Award official to list applicable excepted materials or Indicate "none") (3) The award oificial may add other iron, steel, and/or manufactured goods to the list In paragraph (b)(2) of this term and condition if the Federal government determines that— (I) The cost of the domestic Iron, steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, or manufactured goods used in the project is unreasonable when the cumulative cost of such material will Increase the cost of the overall project -by -more than 25 percent; (11) The iron, steel, and/or manufactured good is not produced, or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (111) The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public Interest. (c) Request for determination of inappficabitV of Section 1605 of the Recovery Act. (1)(I) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph (b)(3) of this term and condition shall include adequate information for Federal Government evaluation of the request, including— (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; ' (G) Name and address of the proposed supplier; and (H) A detailed justification of the reason for use of foreign iron, steer, and/or manufactured goods cited in accordance with paragraph (b)(3) of this term and condition. (11) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph (d) of this term and condition. (111) The cost of iron, steel, and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (fv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated. if the recipient does not submit a satisfactory explanation, the award official need not make a determination. (2) If the Federal government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is nonavafiabifity or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established In 2 CFR 176.11'0(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods is noncompliant with section 1605 of the American Recovery and. Reinvestment Act. (d) Data. To permit evaluation of requests under paragraph (b) of this term and condition based on unreasonable cost, the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: " FOREIGN AND DOMESTIC ITEMS COST COMPARISON Description Junit of Measure I Quantity Cost (Dollars)* Item 1: Foreign steel, iron, or manufactured good Domestic-steel;=-fronFor-- . manufactured good ---------- _.._ ......._–•------ Item 2: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good [List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; It oral, attach summary.] Include other applicable supporting information.) " include all delivery costs to the construction site.) Required Use of American Iron, Steel, and Manufactured Goods (covered under International Agreements)—Section 16D5 of the American Recovery and Reinvestment Act of 2009. The following award term applies to projects for the construction, alteration, maintenance, or repair of a public building or public work that involve iron, steel, and/or manufactured goods covered under international agreements: (a) Definitions. As used in this award term and condition— "Designated country' - (1) A World Trade Organization Government Procurement Agreement country (Aruba, Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Hungary, Iceland, Ireland, Israel, Italy, Japan, Korea (Republic of), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Singapore, Slovak Republic, Slovenia, Spain, Sweden, Switzerland, and United Kingdom; (2) A Free Trade Agreement (FTA) country (Australia, Bahrain, Canada, Chile, Costa Rica, Dominican Republic, EI Salvador, Guatemala, Honduras, Israel, Mexico, Morocco, Nicaragua, Oman, Peru, or Singapore); or (3) A United States -European Communities Exchange of Letters (May 15, 1995) country: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, and United Kingdom. "Designated country Iron, steel, and/or manufactured goods" - (1) Is wholly the growth, product, or manufacture of a designated country; or (2) in the. case of a manufactured good that consist in whole or In part of materials from another country, has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. "Domestic iron, steel, and/or manufactured good" -- (1) Is wholly the growth, product, or manufacture of the United States; or (2) In the case of a manufactured good that consists in whole or In part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed. There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products, as long as the manufacture of the goods occurs in the United States. "Foreign iron, steel, and/or manufactured good" means iron, steel and/or manufactured good that is not domestic or designated country Iron, steel, and/or manufactured good. "Manufactured good" means a good brought to the construction site for incorporation into the building or work that haS,eeen--- .. _ _. ...,_- : . (1) Processed into a specific form and shape; or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. "Public building" and 'public work" means a public building of, and a •public,work of, a governmental entity (the United States; the District of Columbia; commonwealths, territories, and minor outlying Islands of the United States; State and local governments; and multi -Stale, regional, or interstate entities which _-' --have'govetnnientaf=fuiictioris):These-GUilbi�s�an�lY�ofks�fiia'y=itiblQda'-�PitI�oUY-limitation,--bridges;-danis;`----•- plants, highways, parkways, streets, subways, tunnels, sewers, mains, power lines, pumping stations, heavy generators, railways, airports, terminals, docks, piers, wharves, ways, lighthouses, buoys, jetties, breakwaters, levees, and canals, and the construction, alteration, maintenance, or repair of such buildings and works. "Steel" means an alloy that includes at least 50 percent iron, between .02 and.2 percent carbon, and may include other elements. (b) Iron, steel, and manufactured goods . (1) This award term and condition implements (1) Section 1605(a) of the American Recovery and Reinvestment Act of 2009 (Rub. L. 111-5) (Recovery Act), by requiring that all iron, steel, and manufactured goods used in the project are produced in the United States; and (it) Section 1605(d), which requires application of the Buy American requirement in a manner consistent with U.S. obligations under international agreements. The restrictions of section 1605 of the Recovery Act do not apply to designaled country iron, steel, and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron, steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services. This obligation shall only apply to projects with an estimated value of $7,443,ODO or more. (2) The recipient'shall use only domestic or designated country iron, steel, and manufactured goods in performing the work funded in whole or part with this award, except as provided in paragraphs. (b)(3) and (b)(4) of this term and condition. (3) The requirement In paragraph (b)(2) of this term and condition does not apply to the iron, steel, and manufactured goods listed by the Federal Government as follows: (Award official to list applicable excepted materials or indicate "none"] (4) The award official may add other iron, steel, and manufactured goods to the list in paragraph (b)(3) of this award term and condition if the Federal government determines that— (1) The cost of domestic iron, -steel, and/or manufactured goods would be unreasonable. The cost of domestic iron, steel, and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent; (if) The Iron, steel, and/or manufactured goods Is not produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality; or (iii) The application of the restriction of section 1505 of the Recovery Act would be inconsistent with the public interest. (c) Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (1)(1) Any recipient request to use foreign iron, steel, and/or manufactured goods in accordance with paragraph(b)(4) of this term and condition shall include adequate information for Federal Government evaluation of the request, including— (A) A description of the foreign and domestic iron, steel, and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier; and (H) A detailed Justification of the reason for.use of foreign Iron, steel, and/or manufactured goods cited in accordance with paragraph (b)(4) of this term and condition. .(il) A.request based,on unreasonable_ cost shallInclude a reasonable survey of_the market and a completed cost comparison table m the format in paragraph -(d) of this term and cdndltion: (iii) The cost of iron, steel, or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction, alteration, maintenance, or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the •--------deiermination�before.the-funds_wera-,obligated-if_the_[ecipi.eritdoes,0otaubmit, a.satisf.actor-y-exp�>Zation,r._—...._. the award official need not make a determination. (2) If the Federal government determines after funds have been obligated for a project for construction, alteration, maintenance, or repair that an exception to section 1605 of the Recovery Act applies, the award official will amend the award to allow use of the foreign Iron, steel, and/or relevant manufactured goods, When the basis for the exception is nonavailability or public interest, the amended award shall reflect adjustment of the award amount, redistribution of budgeted funds, and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron, steel, and/or relevant manufactured goods.. When the basis for the exception is the unreasonable cost of the domestic iron, steel, or manufactured goods, the award official shall adjust the award amount or redistribute budgeted funds, as appropriate, by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to the section 1605 of the Recovery Act applies, use of foreign iron, steel, and/or manufactured goods other than designated country iron, steel, and/or manufactured goods is noncompliant with the applicable Act. (d) Data, To permit evaluation of requests under paragraph (b) of this term and condition based on unreasonable cost, the applicant shall include the following information and any applicable supporting data based on the survey of suppliers: FOREIGN AND DOMESTIC ITEMS COST COMPARISON Description Unit of Measure I Quantity Cost (Dollars)' Item 1: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good Item 2: Foreign steel, iron, or manufactured good Domestic steel, iron, or manufactured good [List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; If oral, attach summary.] [Include other applicable supporting Information.] Include all delivery costs to the construction site,] [List name, address, telephone number, email address, and contact for suppliers surveyed. Attach copy of response; If oral, attach summary.] [include other applicable supporting Information.] [" Include all delivery costs.to the construction stte).] 24. SINGLE AUDITS In accordance with OMB Circular A-133, which implements the single Audit Act, the recipient hereby agrees to obtain a single audit from an Independent auditor if it expends $500,000 or more in total Federal funds in any fiscal year. Within nine months after the and of a recipient's fiscal year or 30 days after receiving the report from the auditor, the recipient shall submit a copy of the SF -SAC and a Single Audit Report Package. • . The recipient MUST submit a copy of the SF -SAG and a Single Audit Report Package, using the Federal Audit -Clearinghouse's Internet Data Entry System: CorripieWInf6miation on how to accomplish the 2008 and beyond Single Audit Submissions is available on the Federal Audit Clearinghouse Web site: http://harvester.consussovlfacl , 25. TRANSPARENCY AND ACCOUNTABILITY — Recovery Act Transactions listed in Schedule of Expenditures of Federal Awards and Recipient Responsibilities for Informing Sub -recipients, 2 -- (a) To maximize the transparency and accountability of funds authorized under the American Recovery and Reinvestment Act of 2009 (Public Law 111-5)(Recovery Act) as required by Congress and in accordance with 2 CFR 215, subpart _ 21 "Uniform Administrative Requirements for Grants and Agreements" and OMB A-102 Common Rules provisions, recipients agree to maintain records that identify adequately the source and application of Recovery Act funds. (b) For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A-133, "Audits of States, Local Governments, and Non-Proflt Organizations," recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal ' Awards (SEFA) and the Data Collection Form (SF -SAC) required by OMB Circular A-133. This shall be accomplished by identifying expenditures for Federal awards made under Recovery Act separately on the SEFA, and as separate rows under Item 9 of Part III on the SF -SAC by CFDA number, and inclusion of the prefix "ARRA-" In identifying the name of the Federal program on the SEFA and as the first characters In Item 9d of Part III on the SF -SAG (c) Recipients agree to separately Identify to each sub -recipient, and document at the time of sub -award and at the time of disbursement of funds, the Federal award number, CFDA number, and amount of Recovery Act funds. When a recipient awards Recovery Act funds for an existing program, the information furnished to sub -recipients shall distinguish the sub -awards of incremental Recovery Act funds from regular sub -awards under the existing program. (d) Recipients agree to require their sub -recipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above. This information is needed to allow the recipient to properly monitor sub -recipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies, Offices of Inspector General and the Government Accountability Office. 26, PAYMENT TO CONSULTANTS EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for a Level IV of the Executive Schedule (formerly GS -18), to be adjusted annually, This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2009, the limit is $587.20 per day and $73.40 per hour. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the . recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 31.36(j) or 30.27(b). 27, OMB GUIDANCE This award is subject to all applicable provisions of implementing guidance for the American Recovery and Reinvestment Act of 2009 issued by the United States Office of Management and Budget, including M-09.10 Initial Implementing Guidance for the American Recovery and Reinvestment Act (February 18, 2009); M-09-15 Updated Implementing Guidance for the American Recovery and Reinvestment Act of 2009 (April 3, 2009); M-09-16, Interim Guidance Regarding Communications With Registered Lobbyists About Recovery Act Funds (April 7, 2009); and M-09-18, Payments to State Grantees for Administrative Costs of Recovery Act Activities (May 11, 2009), available on www,recoverv.00v, and any subsequent guidance documents issued by OMB. 28. ADDITIONAL FUNDING DISTRIBUTION AND 'ASSURANCE -OF APPROPRIATE USE OF' -FUNDS Not later than 45 days afterthe enactment of the Recovery Act and prior to receiving funds, Recipient must affirm that either (1) the State Governor has certified that the State will request and use funds provided by the Act and the funds will be used to create jobs and promote economic growth, or (2) if funds are not accepted for use by the Governor of the State, the State legislature has accepted the funds by means of adopting a concurrent resolution. After a State legislature's concurrent resolution, funding within --- ,the,Mate-sflall•bs_dlStllbute� to-local_governments,-councils_of=gauernrx�ent,, public_entitles,_pnd.-..___._.._.___._.�__._ public-private entities within the State either by formula or at the State's discretion. 29. The Grantee is advised that providing false, fictitious or misleading information with respect to the receipt and disbursement of EPA grant funds may result In criminal, civil or administrative fines and/or penalties. 30. UTILIZATION OF SMALL MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE,40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. FAIR SNARE OBJECTIVES, 40 CFR, Part 33, Subpart D A recipient must negotiate with the appropriate EPA award official, or his/her designee, air share objectives for MBE and WBE (MBE/WBE) participation in procurement under the financial assistance agreements. Accepting the Fair Share Objectives/Goals of Another Recipient The dollar amount of this assistance agreement is $250,000, or more; or the total dollar amount of all of the recipient's non -TAG assistance agreements from EPA in the current fiscal year is $250,000; or more. The recipient accepts the applicable MBE/WBE fair share objectives/goals negotiated with EPA by the STATE OF FLORIDA DEP as follows: MBE: CONSTRUCTION 9%; SUPPLIES 9%; SERVICES 9%; EQUIPMENT 9% WBE: CONSTRUCTION 3%; SUPPLIES 3%; SERVICES 3%; EQUIPMENT 3% By signing this financial assistance agreement, the reeiplent.is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as STATE OF FLORIDA DEP. Negotiating Fair Share Objectives/Goals, 40 CFR, Section 33,404 The recipient has the option to negotiate its own MBE/WBE fair share objectives/goals. If the recipient wishes to negotiate its own MBE/WBE fair share objectives/goals, the recipient agrees to submit proposed MBE/WBE objectiveslgoals based on an availability analysis, or disparity study, of qualified MBEs and WKS in their relevant geographic buying market for construction, services, supplies and equipment. The submission of proposed fair share goals with the supporting analysis or disparity study means that the recipient Is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted, SIX GOOD FAITH EFFORTS, 40 GFR, Part 33, Subpart G Pursuantto4Q QFR,.5P;QQn 33.301„the.regipieni_agrees to.make the.followinggood faith efforts. whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: (a) Require DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local and Government `-- -- --recipients; this=will-.include-placing=DBEs-on-solici tation=lists:and=soliciting them::whenever-Aheyare. ---•- potential sources. (b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish. delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by DBEs In the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. (c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. (d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. (e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. (f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e) of this section. MBE/WBE REPORTING, 4D GFR, Part 33, Sections 33.502 and 33.503 The recipient agrees to complete and submit EPA Form 5700.52A, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the recipient receives the award, and continuing until the project is completed. Only procurements with certified MSE WBEs are counted toward a recipient's MBE/WBE accomplishments. The'reports must be submitted semiannually for the periods ending March 31" and September 30" for: . Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF, DWSRF, Brownfields); and All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart A and Subpart B recipients are annual reporters). The reports are due within 30 days of the end of the semiannual reporting periods (April 30 " and October 30). Reports should be sent to: EPA Grants Management Office 61 Forsyth Street SW Atlanta, GA 30303 Final MBFJWBE reports must be submitted within 90 days after the project period of the grant ends. Your grant cannot be officially closed without all MBE/WBE reports. EPA Form 5700-52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at www.ePa,00v/osbp. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LiST, 40 CFR, Section 33,501(b) and (c) ----RQgipienjs:of-a•Continuing_Enuironm.entai.Program Grant_or_gt_r nn.uaLsepDrting.grant,..agree create and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions, 31. This project receives funding under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and the grantee, sub -grantee or loan recipient must display the Recovery Act Logo in a manner that informs the public that the project is a Recovery Act investment. The ARRA logo maybe obtained from the EPA grants office listed in this award document. If the EPA logo is displayed along with the Recovery Act logo and logos of other participating entities, the EPA logo must not be displayed in a manner that implies that EPA itself is conducting the project. Instead, the EPA logo must be accompanied with a statement indicating that the grantee, sub -grantee or loan recipient received financial assistance from EPA for the project. 32. Recipients and subrecipients of Recovery Act funds or other Federal financial assistance must comply with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and a variety of program -specific statutes with nondiscrimination requirements, Other civil rights laws may impose additional requirements on recipients and subrecipients. These laws include, but are not limited to, Title VII of the Civil Rights Act of. 1964 (prohibiting race, color, national origin, religion, and sex discrimination in employment), the Americans with Disabilities Act (prohibiting disability discrimination in employment and in services provided by State and local governments, businesses, and non-profit agencies), and the Fair Housing Act (prohibiting race, color, national origin, age,'famlly status, and disability discrimination in housing), as well as any other applicable civil rights laws. For questions about these civil rights obligations, please call the EPA's Office of Civil Rights at 202.564-7272 or contact usvia a -malt: htto://www.eoa.cov/civilriohtsicomments.htm. 33. PATENTS AND INVENTIONS Rights to Inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401. Pursuant to the Bayh-Dole Act (set forth in Title 35 USC Sections 200-212), EPA retains the right to a worldwide, nonexclusive, irrevocable, paid license to practice the invention elected by the managing and operating contractor, as defined in the Act. To streamline the invention reporting process and to facilitate compliance with the laws mandated by the Bayh-Dole Act, the recipient shall utilize the Interagency Edison extramural invention reporting system at htto://iEdison .aov. Annual utilization reports shall be submitted through the system. As required by PL 106-107, a single common Internet web form will soon be available on the !Edison website. Thereafter, the recipient must use the web form to submit the summary report of inventions prior to the close-out of the assistance agreement. In accordance with Executive Order 12618, government owned and operated laboratories can enter into cooperative research and development agreements with other federal laboratories, state and local governments, universities, and the private sector; and license, assign, or waive rights to intellectual property "developed by the laboratory either under such cooperative research or development agreements and from within Individual laboratories." Programmatic Conditions 1. Substantial Federal Involvement for Cooperative Agreements _—..___ �'Ayi1l_pr�vide substantial involvement in the form of technical assistance_, development of Outputs,and_ 0J6rsight: Specifically subsfantial federafirivo►veiiient wi)i take the'fdrrfi c4 monitoring the project by EPA ; participation and collaboration between EPA and the recipient in program content; review of project progress, and quantification and reporting of results; Recipient agrees to comply with 40 C.F.R. 31 for assistance agreements. 2. Emissions Control Technologies Certified engine configurations and/or verified technologies must be used for Emissions Control Projects funded by the recipient pursuant to this assistance agreement. Technologies are verified under EPA or California's Retrofit Verification Program. See http://www.es)a,qov/otgg/retrofiUretroverlfiedligt.htm for an updated list of EPA's verified technologies and htti)://www.arb.ca.gov/diesel/verdev/vUcvt.htm for a list of CARB's verified technologies. Any question as to the preference of a retrofit technology, including engine replacement and repowers, should be directed to the EPA Project Officer, 3. Quarterly Reporting and Environmental Results Quarterly progress reports will be required. Quarterly reports are considered project status reports and will address the progress made regarding achieving the work plan goals. In general, quarterly reports will include summary information on technical progress, planned activities for next quarter and expenditures. Award recipients will be provided with additional information and guidance on reporting performance measures and project progress, including those related to the Recovery Act, and a schedule for submission of quarterly reports, after award. Recipient agrees to comply with Division A, Title XV, Subtitle A, §1512 of the Recovery Act (section 1512) and any other regulations or guidance related to the reporting requirements of section 1512 of the Recovery Act issued by the OMB or EPA. The first reporting period begins at the project start date. 01: October 1 -December 31 Q2: January 1 - March 31 Q3: April 1- June 30 Q4: July - September 30 This quarterly reporting schedule shall be repeated for the duration of the award agreement. 4. Final Report: The final project reportwill include a summary or the project oractivity, , actual results (outputs and outcomes) and costs, the successes and lessons learned for the entire project as well as all categories of information required for quarterly reporting. This report shall be submitted to the Project Officer within 90 days afterthe expiration ortermination of the assistance agreement. Recipient understands that the final report will include actual emissions benefit calculations and an updated , detailed fleet description. Recipient agrees to complywith Division A, Title XV, Subtitle A, §1512 of the Recovery Act (section 1512) and any other regulations or guidance related to the reporting requirements of section 1512 of the Recovery Act issued by the OMB or EPA. S. Use of Funds Restriction Recipient agrees that funds under this award cannot be used for emissions reductions that are mandated under Federal, State or local law. This refers to specific compliance dates within the mandate, not when the mandate is passed. Voluntary or elective emissions reductions measures shall not considered to be "mandated", regardless of whether the reductions are Included in the State implementation plan of a State. 6, "Delays or Favorable Developments i :.:_. The recipient agrees that (twill promptly notify EPA of any problems, delays, or adverse conditions which may materially impair its ability to deliver on the outputs /outcomes specified In the work plan. This disclosure must include a statement of the action taken, or contemplated, and any assistance needed to resolve the situation. The recipient agrees that it will also notify EPA of any favorable developments which may enable meeting time schedules and objectives sooner or at less cost than anticipated or -----"---producingmore beneficial_results_than_originally_planrred_---____.__,. _ - 7. Procurement and Sub -grant Procedures: The recipient mustfollow applicable procurement and sub -grant procedures. EPA will not be a party to these transactions, If EPA funds are used to purchase goods or services, Recipient agrees to compete the contracts for those goods and services and conduct cost and price analyses to the extent required by the fair and open competition for procurement provisions of 40 CFR Part 31, as appropriate. Approval of a funding proposal does not relieve recipients of their obligations to compete service contracts, conduct cost and price analyses, and use sub -grants only for financial assistance purposes, in accordance with Subpart B Section .210 of OMB Circular A-133. B. Employee and/or Contractor Selection ; EPA will not help select employees or contractors hired by the recipient 9. Program Income: If program income is generated during the course of the project, program Income requirements apply. Program income is defined as gross income received by the grantee or subgrantee directly generated by a grant supported activity, or earned only as a result of the grant agreement during the grant period. "During the grant period' is the time between the effective date of the award and the ending date of the award reflected in the final financial report. Program income earned during the project period shall be retained by the recipient and, in accordance with 40 CFR Parts 31.25, recipient is authorized to use program income as follows; (a) Program income may be added to funds committed to the project by EPA and recipient and used to further eligible project or program objectives: The program income shall be used for the purposes and under the conditions of the grant agreement. (b) Program income may be used to finance the non -Federal share of the projector program, Including any mandatory or voluntary cost -share. The amount of the Federal grant award remains the same. (c) Deducted from the total project or program allowable cost in determining the net allowable costs on which the Federal share of costs is based. This means that the recipient shall spend program income on project activities before spending/requesting federal funds for project activities. This may result in unspent federal funds at the end of the project period. The recipient will maintain records adequate to document the extent to which transactions generate program income and the disposition of program income. 10. Scrappage and/orRemanufacture: The recipient agrees to complete scrappage or remanufacture in the case of repowers and replacements for all projects funded under this assistance agreement, including subawards/subgrants. To be considered a repower or replacement, the purchase of new vehicles, engines; and equipment must be accompanied by the scrappage or remanufacturing of old vehicles, engines and equipment. The purchase of new vehicles, engines or equipment to expand a fleet is not covered by this assistance agreement. Scrappage is defined as a permanently disabled,engine or vehicle, no longer suitable for use. Engine scrappage can be completed by drilling a hole In the engine block and manifold. Vehicle scrappage requires permanently disabling the chassis, e.g. cutting It in half. Other acceptable scrapping methods may be considered, with EPA approval. Ownedoperators of the original vehicle or equipment may retain Possession of the scrapped engine and chassis. If remanufactured, scrapped or salvaged engines/vehicles are to be sold, program income requirements apply, Evidence of appropriate disposal, including the engine serial number and/or Vehicle Identification Number (VIN), is required in a final assistance agreement report submitted to EPA. For engine repower and/orvehicie replacement, the recipient agrees to the following: a. The vehicle, engine, or egtiipmenfninety (90) days of the replacement, or the replaced vehicle, engine, or equipment will be returned to the original engine manufacturer for remanufacturing to a cleaner standard; b. The replacement vehicle, engine, or equipment will perform the same function as the vehicle, engine, or equipment that is being replaced (e,g,, an excavator used to dig pipelines would be replaced by an excavator that continues to dig pipelines); C, The replacement vehicle, engine, or equipment will be of the same type and similar gross vehicle weight rating or horsepower as the vehicle, engine, or equipment being replaced (e.g„ a 300 horsepower bulldozer is replaced by a bulldozer of similar horsepower); d. Early Replacement: Funds may be used for the early replacement of vehicles, engines and/or equipment. Emission reductions that result from vehicle, engine, or equipment replacements that would have occurred through normal attrition are considered to be the result of normal fleet turnover and are not eligible costs under this assistance agreement. The recipient most provide evidence that the replacement activity would not have occurred without the financial assistance provided by EPA . Supporting evidence can include verification thatthe vehicles or equipment being replaced have useful life left and fleet characterization showing fleet age ranges and average turnover rates, e. For tire replacement projects, the original tires should be scrapped according to local or state requirements, or the tires can be salvaged for reuse or retreading. The salvaged value of the original tires must be treated as program income. 11, Uniform Administrative Requirements Recipient agrees to complywith 40 C.F.R. Part 31, Uniform Administrative Requirements for Grants and Cooperative Agreements to States and Local Governments. Work under this agreement must be completed in accordance with the approved work plan submitted with the application dated April 15, 2009. Recipient agrees to obtain the prior approval of EPA for any revision of the scope or objectives of the project or the need to extend the period of availability of funds, in accordance with 40 CFR Section 31.30. Recipient shall consult the Project Officer regarding whether a budget or work plan revision constitutes a change in the scope or the objective of the project or program. 12. Equipment Disposition Recipient agrees that at the end of the project period the equipment acquired under this assistance agreement will be subject to the property disposition regulations at 40 CFR 31.32. State agencies may use, manage, and dispose of equipment acquired under. assistance agreements in accordance with State laws and procedures. 13.. (NO TE.- Not final, place holdep language . Condit/on wf!/be �e v/sed when final .) Wage Rate Requirements under Section 1606 of the American Recovery and Reinvestment Act of 2009 for Diesel Emissions Reductions Projects Preamble Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on _... __._._..._ subchapter IV of r._o'acts_of..a_charaitetairnila�inshe_loca.liryes_dEJermto.�d.by�2he�Lttar�of chapter 31 of if 40, United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act, 40 U.S.C. 3145, the Department of Labor has Issued regulations at 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis -Bacon contract clauses set forth in that section. Federal agencies providing grants, cooperative agreements, and loans under the Recovery Act shall ensure that the standard Davis -Bacon contract clauses found in 29 CFR 5.5(a) are incorporated In any resultant covered contracts that are in excess of $2,000 for construction, alteration or repair (including painting and decorating). For additional guidance on the wage rate requirements of section 1606, contact your awarding agency. Recipients of grants, cooperative agreements and loans should direct their -initial inquiries concerning the application of Davis -Bacon requirements to a particular federally assisted project to the Federal agency funding the project. The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. For the purposes of this term and condition, EPA has determined that the following Diesel Emissions Reduction activities are subject to the Davis Bacon Act (DBA). Construction activities conducted in conjunction with the installation of any diesel emissions reduction technology, such as the installation of a Truck Stop Electrification (TSE) system. Construction activities conducted in conjunction with the installation or replacement of a heavy generator installation of verified technologies by construction laborers and /or construction mechanics on-site at a construction site on vehicles and/or equipment at the construction site. Repower projects conducted by construction laborers and/or construction mechanics on-site at a construction site on vehicles and/or equipment at the construction site. Most other DERA funded activities, such as other retrofit.'repower, and replacement projects do not trigger DBA requirements. However, If a recipient encounters a unique situation at a site that presents . uncertainties regarding David Bacon applicability, the recipient must discuss the situation with EPA before authorizing work on that project. Recipient shall comply with Division A, Title XVI, §1606 of the Recovery Act, where applicable. Pending a final award condition and guidance from EPA, projects subject to the Davis Bacon Act, as defined above, shall not proceed with any contract bidding or contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a public building or public work, or building or work financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in 29 CFR § 5.1. City of Miami, a municipal Corporation of the State of Florida By: Pedro G. Hernandez, City Manager Date: Attest: 0 Priscilla A. Thompson, City Clerk Date: Approved as to Form and Correctness: By: Julie 0. Bru, City Attorney Date: Approved as to Insurance Requirements; By: LeeAnn Brehm, Risk Management Administrator Date: Item: U.S. Environmental Protection Agency Cooperative Agreement, Assistance ID No. 2A-95422409-0