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2004-683-Resolution No. 2004-030 Recorded 4/13/2004REVIEWED LEGAL COUNSEL i--- -- -COUNTY NANCYUTES BLANKENSHIP,FFICIAL COUNTY CLERKS COMMISSIONERS' JOURNAL MM 0411316004103,15,34 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Authorizing Chair of Deschutes County Board of Commissioners * RESOLUTION NO. 2004-030 to Sign USEPA Grant No. 97072301. WHEREAS, the United States Environmental Protection Agency granted, in document number 97072301, to Deschutes County ("County") an award of $433,700 for purposes of construction of wastewater infrastructure in the Newberry Neighborhood in La Pine, Oregon; and WHEREAS, the award document provides space for only one signature for the County for the acceptance of the award; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The Chair of the Board of County Commissioners is authorized to sign the above listed document on behalf of the County. DATED this 12th day of April, 2004. ATTEST: (�)Ihwuu�v� Recording Secretary BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON TOM DE W OL -F, Commissioner DENNIS R. LUKE, Commissioner PACE 1 OF 1- RESOLUTION NO. 2004-030 (04/12/2004) REVIEWED XP - 97072301 - 0 Page 1 1.11\.LLN\.l l.l• Yfll,� �LLNlI / ' Deschutes County Board of Commissioners W iw. 2004— 154 ASSISTANCE ID NO. U.S.ENVIRONMENTAL DATEIFAWARD� "r PRG DOCID AMEND# XP - 97072301 - 0 y� 3 zb PROTECTION AGENCY TYPE OF ACTION MAILIN DAT n w Ne12 v, -> �yT fi° Grant Agreement PAYMENT METHOD: ACH# RECIPIENT TYPE: Send Payment Request to: County EPA Finance Unit, OMP -146 FAX # 206-553-6525 RECIPIENT: PAYEE: Deschutes County Deschutes County 117 NW Lafayette Avenue 117 NW Lafayette Avenue Bend, OR 97701 Bend, OR 97701 EIN: 93-6002292 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST George Read Joel Salter Paul Steele 117 NW Lafayette Avenue 811 S. W. 6th Ave., 000 1200 Sixth Ave., OMP -145 Bend, OR 97701 Portland, OR 97204 Seattle, WA 98101 E -Mail: E -Mail: Salter.Joel@epamail.epa.gov E -Mail: Steele.Paul@epa.gov Phone: 541 388-6558 Phone: 503-326-2653 Phone: 206-553-0311 PROJECT TITLE AND DESCRIPTION Deschutes County La Pine Wastewater Infrastructure Improvements. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST I TOTAL PROJECT PERIOD COST 10/01/2003 - 07/31/2004 10/01/2003 - 07/31/2004 $1,627,500.00 $1,627,500.00 NOTE: The Agreement must be completed in duplicate and the Original returned to the appropriate Grants Management Office listed below, within 3 calendar weeks after receipt or within any extension of time as may be granted by EPA. Receipt of a written refusal or failure to return the properly executed document within the prescribed time, may result in the withdrawal of the offer by the Agency. Any change to the Agreement by the Recipient subsequent to the document being signed by the EPA Award Official, which the Award Official determines to materially alter the Agreement, shall void the Agreement. OFFER AND ACCEPTANCE The United States, acting by and through the U.S. Environmental Protection Agency (EPA), hereby offers Assistance/Amendment to the Deschutes County for 26.65 % of all approved costs j incurred up to and not exceeding $433,700 for the support of approved budget period effort described in application I (including all application modifications) cited in the Project Title and Description above, signed 10/06/2003 included herein by reference. 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 Water 1200 Sixth Avenue 1200 Sixth Avenue Seattle, WA 98101 Seattle, WA 98101 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SIGNATURE OF AWA F AL TYPED NAME AND TITLE DA E 0 Randall F. Smith, Director - Office of Water This agreement is subject to applicable U.S. Environmental Protection Agency statutory provisions and assistance regulations. In accepting this award or amendment and any payments made pursuant thereto, (1) the undersigned represents that he is duly authorized to act on behalf of the recipient organization, and (2) the recipient agrees (a) that the award is subject to the applicable provisions of 40 CFR Chapter 1, Subchapter B and of the provisions of this agreement (and all attachments), and (b) that acceptance of any payments constitutes an agreement by the payee that the amounts, if any found by EPA to have been overpaid will be refunded or credited in full to EPA. BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATURE , n TYPED NAME AND TITLE OF PATE Yl�t c oto -c -C M;nhr�nl M n.,i., r1,.,.,- 1.11\.LLN\.l l.l• Yfll,� �LLNlI / ' Deschutes County Board of Commissioners W iw. 2004— 154 EPA Funding Information XP -97072301-0 Page FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 433,700 $ 433,700 EPA In -Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $ 0 Other Federal Funds $ $ $ 0 Recipient Contribution $ $ 354,845 $ 354,845 State Contribution $ $ $ 0 Local Contribution $ $ 838,955 $ 838,955 Other Contribution $ $ $ 0 Allowable Project Cost $ 0 $ 1,627,500 $ 1,627,500 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.606 - Surveys - Studies - Investigations and Special Purpose Grants Consolidated Appropriations Resolution 2003 (PL 108-7) 40 CFR PART 31 Fiscal Site Name DCN FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation / Deobligation MYG009 04 E4C 10MOQL7 202651 D 4183 - - 433,700 433,700 XP - 97072301 - 0 Page 3 Budqet Summary Pape Table A - Object Class Category (Non -construction) Total Approved Allowable Budget Period Cost 1. Personnel $0 2. Fringe Benefits $0 3. Travel $0 4. Equipment $0 5. Supplies $0 6. Contractual $0 7. Construction $0 8. Other $1,627,500 9. Total Direct Charges $1,627,500 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 73.35 % Federal 26.65 %.) $1,627,500 12. Total Approved Assistance Amount $433,700 13. Program Income $0 XP - 97072301 - 0 Page 4 Administrative Conditions 1. Payment Information See Programmatic conditions for specific requirements on requesting reimbursement. 2. Cost Principles/Indirect Costs Not Included (All Organizations) The cost principles of OMB Circular A-21 (Educational Institutions), A-87 (State, Local or Indian Tribal Governments), or A-122 (Non -Profit Organizations) 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 Reports (FSRs) -Yearly The Financial Status Report (FSR), Standard Form 269, for this award shall be submitted to the Grants Administration Unit,. OMP -145, within 90 days after the end of the budget period. If the budget period is longer than one year, or if the agreement is revised to extend the budget period beyond one year, the recipient must submit an annual FSR within 90 days after the end of each ,anniversary of the agreement. For agreements with multiple budget activities, separate FSRs must be provided for each of the activities, sites, or budgets, as applicable. 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 and Motel Fire Safety Act Effective October 1, 1994, the recipient agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds, complies with the Hotel and Motel Fire Safety Act of 1990. 6. Recycled Paper ALL APPLICANTS: In accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on recycled paper and are available through the General Services Administration. Please note that Section 901 of E.O. 13101, dated September 14, 1998, revoked E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention in its entirety. STATE AGENCIES AND POLITICAL SUBDIVISIONS: Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). 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 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. STATE AND LOCAL INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND NON-PROFIT ORGANIZATIONS: Pursuant to 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 funded with Federal funds to the purchase of recycled products pursuant to EPA's guidelines. 7. Lobbying ALL RECIPIENTS: The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti -Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. PART 30 RECIPIENTS: All contracts awarded by a recipient shall contain, when applicable, the anti -lobbying 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 organization 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 RECIPIENTS: Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. As mandated by this Act, the recipient agrees to provide certification to the award official via EPA Form 5700-53, Lobbying and Litigation Certificate, within 90 days after the end of project period. 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. Any Part 30 recipient shall abide by its respective OMB Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. 9. Small and Disadvantaged Business Utilization Requirements (Non -SRF Recipients) 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: (a) The recipient accepts the applicable FY99 Minority Business Enterprise (MBE)/Womens' Business Enterprise (WBE) "fair share" goals/objectives negotiated with EPA by the Oregon Department of Environmental Quality as follows: Supplies: 2.70% MBE 1.93% WBE Services: 5.39% MBE 2.23% WBE Equipment: 0.00% MBE 1.47% WBE (b) The recipient agrees to ensure, to the fullest extent possible, that at least the applicable "fair share objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. (c) The recipient agrees to include in its bid documents the applicable "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages. (d) The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR 30.44(b), 40 CFR 31.36(e), or 40 CFR 35.6580, as appropriate, and retain records documenting compliance. (e) The recipient agrees to submit an EPA Form 5700-52A "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements," beginning with the Federal fiscal year quarter the recipient receives the award and continuing until the project is completed. These reports must be submitted within 30 days of the end of the Federal fiscal quarter (January 30, April 30, July 30, and October 30). For assistance awards for continuing environmental programs and assistance awards with institutions of higher education, hospitals and other non-profit organizations, the recipient agrees to submit the report by October 30 of each year. All reports must be submitted to the Grants Administration Unit, OMP -145,1200 Sixth Avenue, Seattle, WA 98101. For further information, please contact Marie McPeak at (206) 553-2894, EMAIL: mcpeak.marie@epa.gov. (f) If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the recipient agrees to notify EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the "fair share" objective. EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate, if the recipient fails to comply with these term and conditions. 10. Small Business in Rural Areas (SBRA) If a contract is awarded under this assistance agreement, the recipient is also required to utilize the following affirmative steps: (a) Place SBRAs on solicitation lists. (b) Make sure that SBRAs are solicited whenever there are potential sources. (c) Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs. (d) Establish delivery schedules, where the requirements of work permit, which would encourage participation by SBRAs. (e) Use the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate. (f) Require the contractor to comply with the affirmative steps outlined above. There is no formal reporting requirement for SBRAs at this time; it is recommended that the recipient keep records of SBRA participation. 11. Executive Order 13202 Preservation of Open Competition The assistance recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg. 11225 ) of February 17, 2001, entitled "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects," as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects." Programmatic Conditions 1. Contractors Grant participation in contract costs is not authorized until the EPA Project Officer reviews the grantee's proposed procurement methods and approves the grantee's proposed award to contractors (e.g., professional services and construction contractor). 2. Payment Requests Payments shall be made on a reimbursable basis. All reimbursable costs shall be documented, reasonable, necessary, and allocable to the project. The EPA grant. is to fund 27% of the eligible costs and the grantee (with local contributions) is to fund 73% of the eligible costs. All payment requests shall be submitted to the U.S. EPA Region 10 Finance Unit, OMP -146, 1200 Sixth Ave., Seattle, WA 98101-1128, [or FAX to (206) 553-6525] with a copy to the EPA Project Officer. The first payment request which includes costs from the construction contractor for the La Pine project must be approved by the EPA Project Officer before payment is made. Supporting documentation (e.g., description of work, copy of invoice and canceled check) must accompany this initial payment request. Subsequent payment requests (up to 95% of the.total EPA funding amount) need not include supporting documentation, and are to be submitted directly to the Region 10 Finance Unit. The grantee agrees that its records will maintain the documentation required by Federal regulations to support all grant eligible costs. Payments will not be made beyond 95% of the EPA grant until after: the city's certification of completion is received; final inspection is complete and deficiencies are corrected to EPA's satisfaction; contractor's and grantee's release forms are submitted to EPA. 3. Progress Reports The grantee is to submit quarterly performance reports which contain the status of the project that is a comparison of the actual accomplishments to the objective established for the budget period. These reports will be due within 30 days of the reporting periods which end on June 30, September 30, December 31, and March 31. The grantee may elect to substitute quarterly reports with more frequent reporting (e.g., weekly contractor meeting minutes). The grantee shall obtain the EPA Project Officer's approval for such substitutions. (40 CFR 31.40). 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. The report shall be submitted to the EPA Project Officer and may be provided electronically. The report shall generally contain the same information as in the periodic reports, 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. 5. Retention of Records And Audits The grantee agrees to maintain all project records until all claims, litigation, audits or other actions have been concluded or for at least 3 three years, whichever period is later (41 CFR 31.42). 6. Pre -award Costs Pre -award costs incurred more than 90 days prior to award require the approval of the EPA Award Official. Grant recipients incur Pre -award costs at their own risks (i.e., EPA is under no obligation to reimburse such costs if for any reason the recipient does not receive an award or if the award is less than anticipated and inadequate to cover such costs). 7. Grant Close-out The grantee will comply with the provisions of Subpart D, 40 CFR Part 31. The grantee and subgrantee acknowledge that, in circumstances where the provisions of 40 CFR Part 31 are ambiguous, EPA will generally look for guidance to 40 CFR Part 33 and past determinations made pursuant to Part 33. 8. Assessment. The grantee is to submit an assessment of how effective the. project was in achieving the stated environmental and/or public health objectives. The assessment is to be submitted in accordance with the payment conditions. END OF ASSISTANCE AGREEMENT XP97072301. s UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 2� A TV REGION 10 `1�✓ w 1200 Sixth Avenue ik z Seattle, WA 98101 �11144 PROZe Attention EPA Grant/IAG Recipient: Enclosed is your Assistance Agreement/Amendment/Interagency Agreement (IAG) from the U.S. Environmental Protection Agency, Region 10. Please have it signed and dated by your Authorized Representative and RETURN ONE ORIGINAL AND 2 COMPLETE COPIES WITHIN 3 WEEKS TO: U.S. ENVIRONMENTAL PROTECTION AGENCY GRANTS ADMINISTRATION UNIT 1200 SIXTH AVE., OMP -145 SEATTLE, WA 98101 Please review this document, including any administrative or programmatic conditions, to ensure you are aware of all of the requirements being placed on this project. See the reverse side of this form for a list of the enclosures which you should receive with this package. Any questions should be directed to either the Project Officer or the Grants Specialist listed on the document. In any communication with our offices, please include the following: Agreement ID Number: XP -97072301-0 Additional information about EPA grants/programs can be found on the EPA Region 10 website, which may be accessed at http://www.epa.gov/r10earth. We look forward to working with your organization for the successful completion of this project. Enclosures (over),.1 p 0WN APR - 7 91004 BOARD OF COMMISSIONERS ADMINISTRATION aPr/nted on Recycled Paper M 2 Enclosures The items checked should be enclosed with your Agreement/Amendment: ✓ Assistance Agreement/Amendment/Interagency Agreement ❑ Minority & Women's Business (MBE/WBE) Information Package ❑ SF 269 (Financial Status Report) Forms ❑ Electronic Funds Transfer (EFT) Packet ❑ SF 270 (Request for Advance or Reimbursement) Forms ❑ Regulations and OMB Circulars ❑ 40 CFR Part 30 ❑ 40 CFR Part 31 ❑ 40 CFR Part 35, Subpart A (States) ❑ 40 CFR Part 35, Subpart B (Tribes) ❑ 40 CFR Part 35, Subpart O ❑ 40 CFR Part 47 ❑ OMB Circular A-87, A-21, A-122 (as appropriate) ❑ OMB Circular A-133 ❑ Other ❑ Other PLEASE NOTE: OMB Circulars and Standard Forms may be found at this website: www.whitehouse.gov/OMB/grants/l*ndex.html