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HomeMy WebLinkAboutRES.2499.12-07-2009BILL NO. 09-192 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FINANCIAL ASSISTANCE AGREEMENT, AND ALL OTHER NECESSARY GRANT DOCUMENTS, WITH THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION, PURSUANT TO THE MISSOURI CLEAN DIESEL PROGRAM, FOR PURCHASE OF SOLID WASTE TRUCKS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Financial Assistance Agreement, and all other necessary grant documents, with the Southeast Missouri Regional Planning and Economic Development Commission, pursuant to the Missouri Clean Diesel Program, for purchase of solid waste trucks. PASSED AND ADOPTED THIS / �h DAY OF �f'�n�lJ�/ 20 e 9 Ja Knudtson, Mayor FINANCIAL ASSISTANCE AGREEMENT BY AND BETWEEN THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION AND THE CITY OF CAPE GIRARDEAU LOCATED IN CAPE GIRARDEAU COUNTY, MISSOURI Project No. DERA 7 THIS AGREEMENT, entered into this 13th day of November, 2009, by and between the Southeast Missouri Regional Planning and Economic Development Commission, hereinafter referred to as the "Commission," and City of Cape Girardeau, located in Cape Girardeau County, Missouri, hereinafter referred to as the "Subgrantee," witnesseth that: WHEREAS, the Commission has solicited applications for projects to be considered for funding under the Missouri Clean Diesel Program which funding is made available through the American Recovery and Reinvestment Act of 2009 (ARRA) and the U.S. Environmental Protection Agency (EPA); and, WHEREAS, the Missouri Department of Natural Resources (MoDNR) is the designated state agency to administer these funds in the state of Missouri; and, WHEREAS, MoDNR and the Commission have entered into a contract under which the Commission is the administrator of Missouri Clean Diesel Program in the counties of Bollinger, Cape Girardeau, Iron, Madison, Perry, St. Francois and Ste. Genevieve in the State of Missouri; and WHEREAS; pursuant to the procedures set forth in the Commission's contract with the MoDNR the Subgrantee has been selected to receive funding under the Missouri Clean Diesel Program; and, WHEREAS, the Subgrantee has proposed to perform the activities set forth in the project proposal entitled "Early Vehicle Replacement to Replace Three (3) Refuse Trucks," hereinafter referred to as the "project proposal;" NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the parties, hereto, and legally intending to be bound Clean Diesel Program Project DERA 7 Financial Assistance Agreement Page 11 thereby, do covenant and agree for themselves and their respective successors and assigns as follows: ARTICLE I EMPLOYMENT AND DUTIES OF SUBGRANTEE (a) The Commission hereby agrees to allocate grant funds to the Subgrantee and the Subgrantee hereby agrees to do, perform, and carry out, in a professional manner, as set forth in the following, which are appended hereto and made a part of this contract: Attachment 1, "Scope of Services"; Attachment 2, "The Project Budget"; Attachment 3, "Federal Subgrants Terms and Conditions Related to Transform Missouri and the American Recovery and Reinvestment Act"; Attachment 4, "Southeast Missouri Regional Planning and Economic Development Commission Procurement Policy"; Attachment 5, Reimbursement Procedures; Attachment 6, "Executive Summary"; and Attachment 7, "Tasks and Timeline". (b) The Subgrantee shall perform all of the necessary services provided under this contract in connection with the project. (c) The Subgrantee will furnish a professionally qualified person who shall be called the Project Manager. The Project Manager for this project is Jennifer Berry. All of the services required hereunder shall be performed by the Project Manager, or such other qualified support staff under his immediate direction as may be necessary. The Project Manager shall furnish personal services and time in the amount necessary to accomplish effectively the work of the proposed project described in the scope of services. The Subgrantee shall secure at its own expense all personnel required to perform the services under this contract. (d) The work done by the Subgrantee's employees shall be under the supervision of the Project Manager or such a qualified person as shall be designated by the Subgrantee and with concurrence of the Executive Board of the Commission. (e) None of the work or services covered by this contract shall be subcontracted without prior written approval of the Commission. Installations undertaken by outside contractors or vendors as specified in the original project proposal will be considered to have received approval. (f) The scope of work to be done under this contract shall be subject to modification and supplementation upon the written agreement of the duly authorized representatives of the Clean Diesel Program Project DERA 7 Financial Assistance Agreement Page 12 contracting parties. However, should the contracting parties be unable to agree unanimously, then the recommendations of the Commission shall prevail. No modification of the terms of this contract shall be made that would change the total grant amount. (g) The activities of the Subgrantee's staff and associates shall be fully coordinated with the activities of the Commission. As the work of the Subgrantee's staff progresses, the Subgrantee's advice on matters of immediate concern to the Commission and related to the specific program covered by this contract shall be made available to the Commission during the period of the contract. (h) The Subgrantee shall provide copies of all interim and final reports to the Commission, as set forth in Attachment 1, Scope of Services, of this contract. Progress reports, as required by the Commission, shall be made from time to time. The Record of Written Bids included in Attachment 4 shall be used to report all bids required and copies of the bid documents shall be attached to the bidding form when submitted. The appropriate forms in Attachment 5 shall be submitted with each payment request that is submitted. (i) The Subgrantee shall not assign any interest in this contract and shall not transfer any interest, whatsoever, in the same, without the prior written consent of the Commission; provided, however, that claims for money due or to become due the Subgrantee from the Commission under this contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Commission. 0) Any reports, information, data, et cetera, prepared or assembled by the Subgrantee under this contract which the Commission requests to be kept confidential shall not be made available to any individual or organization by the Subgrantee without the prior approval of the Commission. (k) The Subgrantee shall save harmless the Commission from all suits, actions, or claims brought on account of any injuries or damages sustained by any person or property in consequence of any neglect or misconduct by the Subgrantee of any employee, or on account of any claims or amount recovered by an infringement of patent, trademark, or copyright, or "Workmen's Compensation Laws" or any other laws. The Subgrantee shall not be released from such responsibility until all claims have been settled and suitable evidence to this effect being furnished to the Commission. (1) The Subgrantee will repay any payments which, at any time the project is audited or at the time of final audit, are determined to be ineligible under this contract by the Commission's auditing firm. Clean Diesel Program Project DERA 7 Financial Assistance Agreement Page 13 ARTICLE II COMMISSION (a) The Commission agrees to abide by all provisions and requirements as set forth in the contract by and between the Commission and the MoDNR and with the contract herein presented. (b) The Commission, its officials, employees and agents shall cooperate with the Subgrantee in the discharge of their responsibilities under this contract and will be available for consultation with the Subgrantee's staff at such reasonable periods so as not to conflict with their own responsibilities. (c) The Subgrantee agrees to acquire the approved equipment, services and/or supplies under this contract for the sum of One Hundred Fifty Thousand Dollars and no Cents ($150,000.00) in Commission grant funds in addition to provision of the local cash funds that has been pledged. The Subgrantee will be reimbursed on a periodic basis upon submittal of the required reimbursement documentation with copies of the vouchers attached, and in no instance shall compensation paid to the Subgrantee exceed One Hundred Fifty Thousand Dollars and no Cents ($150,000.00) unless mutually agreed to by the contracting parties. The One Hundred Fifty Thousand Dollars and no Cents ($150,000.00) being committed are funds from the Missouri Department of Natural Resources. If funds remain in the contract at the end of the contract period, then they are to be retained by the Commission. This contract shall be a cost -reimbursable contract based upon actual costs for the described equipment, services and/or supplies outlined in the aforementioned project proposal. ARTICLE III EQUAL EMPLOYMENT OPPORTUNITY In carrying out the project work, the Subgrantee will not discriminate against the employee or applicant for employment because of age, disability, race, sex, religion, color or national origin. The Subgrantee will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their age, disability, race, sex, religion, color or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Subgrantee agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. The Subgrantee will, in all solicitations or advertisements, state that all qualified applicants will receive consideration for employment without regard to age, disability, race, sex, religion, color or national origin. The Subgrantee shall include similar provisions in all subcontracts for services covered by this contract, if any. Clean Diesel Program Project DERA 7 Financial Assistance Agreement Page 14 ARTICLE IV INTEREST OF SUBGRANTEE AND ITS EMPLOYEES AND THE COMMISSION AND ITS OFFICIALS, EMPLOYEES AND AGENTS No official or employee of the Subgrantee who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. No officer, employee or agent of the Commission or member of its governing body and no official of the Commission or its governing body and no other public official of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in connection with the undertaking or carrying out of the project shall, prior to the completion of the project, voluntarily acquire any personal interest, direct or indirect, in any contract or proposed contract in connection with the project. If any such member, officer, employee or agent presently has, or in the future voluntarily acquires, any such personal interest, he shall immediately disclose such interest to the Commission Executive Board. Upon such disclosure, such officer, employee, agent or member shall not participate in any action by the Subgrantee affecting the carrying out of the project. ARTICLE V OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress of the United States of America nor the Legislature of the State of Missouri shall be permitted to any share or part hereof or to any benefit to arise herefrom. ARTICLE VI IDENTIFICATION OF DOCUMENTS All publications, news releases, videos, displays, signs and all other projects from which information may be obtained by reading, watching, hearing or seeing the material and any report and other documents completed as a part of this contract, other than documents exclusively for internal use of the Subgrantee shall include the MDNR's logo with the full Missouri Department of Natural Resources name. Camera ready copies of the MDNR logo will be provided if requested. For other projects such as audiocassette tapes and news releases, the Missouri Clean Diesel Program shall be identified audibly by including its full name. Guidelines pertaining to placement of logos can be obtained from the Commission. Reports and other documents completed as a part of this contract, other than documents exclusively for internal use of the Subgrantee, shall carry the following notation on the title page: Clean Diesel Program Project DERA 7 Financial Assistance Agreement Page 15 "The preparation of this report was financed with funds provided by the Southeast Missouri Regional Planning and Economic Development Commission and the Missouri Department of Natural Resources." along with the date (month and year) the document was prepared. Excluded from the provision are any legal documents prepared for action by the Commission. ARTICLE VII COPYRIGHT AND DISPOSITION OF ORIGINAL DOCUMENTS (a) No reports or other documents produced in whole or in part under this contract shall be the subject of an application for copyright by or on behalf of the Subgrantee. (b) All original typed reports or documents prepared by the Subgrantee under the terms of this contract shall be deemed to be the property of the Commission. Any such original materials, however, shall be filed, stored, or otherwise retained by the Subgrantee until such time as the Commission may require that they be delivered to the Commission. The Subgrantee shall retain the right to reproduce any such original materials and retain any such reproductions for its records. ARTICLE VIII TERMINATION OF CONTRACT (a) The Subgrantee shall have completed all work covered by this contract and this contract shall terminate as specified in the contract unless extended by mutual consent of the Commission and the Subgrantee. In the event that work is not completed by that date and mutual consent of the two parties for extension of the contract is not obtainable, the following procedures shall be followed: (1) if refusal to extend is by the Subgrantee, paragraph (c) of this section shall apply; (2) if refusal to extend is by the Commission, paragraph (d) of this section shall apply. (b) This contract may be terminated prior to the expiration of the contract period specified by unanimous written agreement by the two parties to this contract. Clean Diesel Program Project DERA 7 Financial Assistance Agreement Page 16 (c) If, through any cause, the Subgrantee shall fail to fulfill in a timely and proper manner its obligations under this contract, or if the Subgrantee shall violate any of the covenants, agreements, or stipulations of this contract, the Commission shall thereupon have the right to terminate this contract by giving written notice to the Subgrantee of such termination. ARTICLE IX TIME OF PERFORMANCE (a) The work of the Subgrantee is to commence when notified in writing by the Commission and shall be undertaken in such sequence as to assure their expeditious completion in relation to the purposes of this contract, but in any event, all of the services required hereunder shall be completed and submitted to the Commission on or before the completion date of April 30, 2010. (b) If the work specified under the terms of this contract is not completed by the completion date above through no fault of the Subgrantee, the Commission's authorized representative shall have the authority to extend this contract by a period not to exceed three (3) months. Any such extension shall be issued to the Subgrantee in writing and properly entered in the Commission's records regarding this contract. However, if mutually agreed to by the Commission and the Subgrantee, this contract may be extended for time of performance and compensation to the Subgrantee. ARTICLE X COMPENSATION TO THE SUBGRANTEE (a) It is agreed between the parties that the Commission shall allocate funds to the Subgrantee to cover all eligible expenses incurred in the execution of this contract as specified in the Budget Summary, which sum shall not exceed One Hundred Fifty Thousand Dollars and no Cents ($150,000.00) unless mutually agreed to by the contracting parties. All requests for reimbursement under the terms of this contract shall be submitted to the Commission in writing. (b) Costs incurred prior to the execution of this contract may not be considered as eligible project costs. (c) Compensation under this contract is contingent upon receipt of funds from the Missouri Department of Natural Resources. If such funds are not forthcoming, this contract is null and void. No funds under this contract may be committed or expended prior to receipt of written notice to proceed with the project from the Southeast Missouri Solid Waste Management Commission. Clean Diesel Program Project DERA 7 Financial Assistance Agreement Page 17 Schedule of Compensation Payments to the Subgrantee authorized under the terms of this contract shall be made in as soon as practicable after the Subgrantee submits the specified written request for reimbursement. When the specified work is completed, either before, after or within the basic period of the contract, the Subgrantee shall notify the Commission of final billing in writing and the Commission shall acknowledge completion of the work and termination of the contract in writing submitted to the Subgrantee with the final reimbursement. Cash funds that are committed to the project shall be verified with appropriate canceled checks, front and back, from the account of this project and other appropriate documentation. ARTICLE XI BIDDING PROCESS The Subgrantee, as recipient of funds through the Commission and from the Missouri Department of Natural Resources, is required to comply with appropriate state laws in the bidding of any property or equipment to be acquired. The Commission's bidding policy is outlined in Attachment 4 and additional requirements from the State of Missouri are identified in Attachment 5, Reimbursement Procedures. ARTICLE XII SECURITY INTEREST OF THE COMMISSION The Commission shall maintain a security interest in all equipment that is purchased with Commission Grants funds for a period of five (5) years from the date of purchase. The Commission's security interest in such equipment shall decline at a rate of 20% of the original cost of the equipment per year. Following the end of the initial five-year period, the provisions concerning the disposition of equipment found in Attachment 3, Department of Natural Resources General Terms and Conditions will prevail. Clean Diesel Program Project DERA 7 Financial Assistance Agreement Page 18 SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. SOUTHEAST MISSOURI REGIONAL PLANNING COMMISSION By: Chaun uchheit Executive Director Attest: 1n Kathleen Hall Executive Assistant C CAPE GIRARDEAU B Meyer City Manager Attest: (Name) (Title) Clean Diesel Program Project DERA 7 Financial Assistance Agreement Page 19 ATTACHMENT 1 SCOPE OF SERVICES This Scope of Services is appended to and made a part of a contract by and between the Southeast Missouri Regional Planning and Economic Development Commission (the Commission) and the City of Cape Girardeau (the Recipient) to the terms hereof, said contract being dated November 13, 2009. GOALS AND OBJECTIVES The Commission will work with the Recipient in striving to achieve the goal of cleaner air and enhanced employment opportunities through reduced emissions from diesel engines. This effort will be accomplished through the work plan set forth in the proposal entitled "Early Vehicle Replacement to Replace Three (3) Refuse Truck." 2. PICTURES Photographic documentation will be provided to the SEMORPC demonstrating that the project has been completed. This will include before and after pictures at a minimum. Pictures can be provided in either a paper or electronic format. 3. ELIGIBLE PURCHASES Items included in the original application are deemed to be eligible purchases. Any deviation from the equipment included in the application must receive prior approval from SEMORPC to ensure that costs incurred remain eligible. All equipment purchased must be EPA or CARB certified. 4. REPORTS The Recipient will provide documentation prior to reimbursement per the requirements of Attachment 5. In addition, the Recipient will provide information requested by the Commission in order to allow the Commission to meet reporting requirements. 5. ACCOUNTING SYSTEM The Recipient will maintain an accounting system according to generally accepted accounting principles that accurately reflects all financial transactions, incorporates appropriate controls and safeguards, and provides clear references to the project proposal. Accounting records must be supported by such source documentation as canceled checks, paid invoices, payrolls, time and attendance records, contracts, and agreement award documents. Attachment 1, Scope of Services Page 11 6. RETENTION AND CUSTODIAL REQUIREMENTS OF RECORDS The Recipient will retain all records and supporting documents directly related to the project for a period of three (3) years from the date of submission of the final report and make them available to the Commission or the MoDNR upon request. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three (3) year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular three (3) year period, whichever is later. 7. PERMITS It is the responsibility of the Recipient to be in compliance with all applicable environmental laws and regulations and to obtain all required permits and licenses for the operation of the project. Proof that all permits and licenses are in place is required before approved funding is allocated to the Subgrantee. 8. INSURANCE The Recipient will provide the Commission proof of insurance on all equipment, vehicles, engines or accessories, no matter how large or small, purchased or installed with funds from the MoDNR. 9. SERIAL NUMBERS The Recipient will provide the Commission with full descriptions, including serial numbers, VIN numbers, or other identifiers as appropriate of any equipment, vehicles, engines or accessories obtained through this project. 10. PHYSICAL INVENTORY The Recipient will make available to the Commission a physical inventory of the property when requested. 11. JOB REPORTING REQUIREMENTS The Recipient will provide reports identifying the number of hours devoted to this project. At a minimum the Recipient will report the number of hours (to the nearest hour) devoted to this project by the Recipient's staff. This includes installation time if applicable. If the project is contracted with a vendor, the Recipient agrees to get a report of hours devoted to this project from that vendor. Attachment 1, Scope of Services 1' age 12 Attachment 2 Project DEKA-7 BUDGET SWMD LOCAL LOCAL Line Item share share in-kind TOTAL Purchase of new refuse trucks $150,000.00 $517,500.00 $ 667,500.00 TOTAL I $ 667,500.00 Sources Local Match $517,500.00 DERA Allocation $150,000.00 TOTAL $667,500.00 Attachment 2, Budget Page 1 Attachment 3 Federal Subgrants Terms and Conditions Related to Transform Missouri and the American Recovery and Reinvestment Act These terms and conditions highlight requirements which are especially pertinent to federal subgrants using American Recovery and Reinvestment Act funds. These terms and conditions do not set out all of the provisions of the applicable laws and regulations, nor do they represent an exhaustive list of all requirements applicable to this award. These terms and conditions do not replace the general terms and conditions or other terms and conditions as they apply to the subgrant award. These terms and conditions are to be followed in addition to all other terms and conditions. Program Reporting Requirements and Certification In accordance with the American Recovery and Reinvestment Act of 2009 (ARRA), §3, funds made available under ARRA should be used to preserve and create jobs and promote economic recovery; assist those most impacted by the recession; provide investment needed to increase economic efficiency by spurring technological advances in science and health; invest in transportation, environmental protection, and other infrastructure that will provide long-term economic benefits; and to stabilize State and local government budgets in order to minimize and avoid reductions in essential services and counterproductive state and local tax increases. ARRA funds should be managed and expended so as to achieve the purposes specified as quickly as possible consistent with prudent management. Congress has specifically mandated that all ARRA recipients that receive funds directly from the federal government must report on the use of said funds for purposes of transparency and oversight. All funds issued under ARRA are subject to unparallel scrutiny, with specific distribution and reporting requirements by the federal government and the State of Missouri. ARRA funds are derived from a unique funding source and shall be tracked separately at all times. Accordingly, it is agreed and understood that by accepting ARRA funds through this contract that each subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, will fully comply with the requirements herein and any requirements hereafter issued by the federal government or the State of Missouri for compliance with ARRA and other related federal and state laws. Further, it is understood that this contract is subject to all applicable terms and conditions of ARRA. It is anticipated that future guidance on requirements for tracking and reporting expenditures of ARRA funds will be issued by the Director of the Office of Management and Budget (OMB) or other federal agencies. Each subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, will comply with all such requirements as published at any time during the contract period in order to allow for the accountability of ARRA funds in a manner that ensures transparency and accountability in accordance with all program and ARRA requirements. ARRA, § 1512, referred to as the Jobs Accountability Act, sets forth certain reporting requirements that the State of Missouri must comply with and submit to the federal government no later than ten Attachment 3 Page 1 (10) days after the end of mil calendar quarter beginning July 10, 2009. Accordingly, the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, shall submit the following information in a timely manner to the State of Missouri, Department of Natural Resources, no later than the first day after the end of each calendar quarter, beginning on October 1, 2009: (1) The total amount of ARRA funds the recipient received from the State of Missouri; (2) The dollar amount of ARRA Funds that were expended or obligated for each project or activity; (3) A detailed list of all projects or activities for which ARRA funds were expended or obligated, including: • the name of the project or activity; • a description of the project or activity; • an evaluation of the completion status of the project or activity; • an estimate of the number of jobs created and the number of jobs retained by the project or activity; (4) Detailed information on any subcontracts or subgrants awarded by the recipient to include the data elements required to comply with the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109-282, Law 111-5, and 2 CFR 176.50, hereafter referred to as the "Transparency Act"), allowing aggregate reporting on awards below $25,000 or to individuals, as prescribed by the Director of the Office of Management and Budget; and (5) A 2008 amendment to the Transparency Act called the "Government Funding Transparency Act of 2008" (Public Law 110-252) added a requirement to collect compensation information on certain chief executive officers (CEOs) of the recipient and subrecipient entity. Accordingly, the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, shall report required information under the Transparency Act, including, but not limited to: • The name of the entity receiving the award; • The amount of the award; • The transaction type; • The funding agency; • The Catalog of Federal Domestic Assistance number; • The program source; • The location of the entity receiving the award, including four data elements for the city, State, Congressional district, and country; • The location of the primary place of performance under the award, including four data elements the city, State, Congressional district, and country; • A unique identifier of the entity receiving the award; • A unique identifier for the parent entity for the recipient, should the recipient be owned by another entity; and • The names and total compensation of the five most highly compensated officers of the company if it received: 1) 80% or more of its annual gross revenues in Federal awards; and 2) $25M or more in annual gross revenue from Federal awards. Attachment 3 Page 2 Standard data elements and federal instructions for use in complying with reporting requirements under § 1512, ARRA, are pending review by the federal government, and were published in the Federal Register on April 1, 2009 [74 FR 14824], and are to be provided online at www.FederalReporting_gov. Whistleblower Protection In accordance with ARRA, § 1553, the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, shall fully comply with said section, including, but not limited to, assuring that its employees will 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 federal government or any representative thereof, the State of Missouri, a person with supervisory authority over the employee (or such other person working for the employer who has the authority to investigate, discover, or terminate misconduct), a court or grand jury any information that the employee reasonably believes is evidence of - 1) £ 1) gross mismanagement of a contract or grant relating to ARRA; 2) a gross waste of ARRA funds; 3) a substantial and specific danger to public health or safety related to the implementation or use of ARRA funds; 4) an abuse of authority related to the implementation or use of ARRA funds; or 5) a violation of law, rule, or regulation related to this contract (including the competition for or negotiation of a contract) or grant, awarded or issued relating to ARRA funds. In accordance with ARRA, § 1553(e), the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, shall post notice of the rights and remedies provided in ARRA, § 1553. Inspection of Documents In accordance with ARRA, §§902, 1514 and 1515, the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, will cooperate with any representative of the State of Missouri, Comptroller General, or appropriate inspector general appointed under §3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.) in the examination of its records that pertain to, and involve transactions relating to this contract, and agrees that it and its personnel can be interviewed by said entities regarding this contract and related program. Additional Restrictions of ARRA Funds In accordance with ARRA, § 1604, the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, shall not use ARRA funds for any casino or other gambling establishment, aquarium, zoo, golf course or swimming pool. In accordance with ARRA, § 1554, the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, will award contracts funded in whole or in part with ARRA funds as fixed-price contracts through the use of competitive procedures. It will also provide a summary to the State of Missouri, Department of Natural Resources of any said contract awarded by Attachment 3 Page 3 the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, that is not fixed-price and not awarded using competitive procedures for posting in a special section of the website established in ARRA, § 1526. In accordance with ARRA, § 1609, the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, will comply with any applicable environmental impact requirements of the National Environmental Policy Act of 1970 (NEPA), as amended. (42 U.S.C. 4371, et seq.). The subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, will submit information on the status and progress of those projects and activities using ARRA funds subject to NEPA pursuant to any requirements of the Council on Environmental Quality (CEQ) and OMB. In accordance with ARRA, § 1512(h), the subrecipient assures that it, as well as its subrecipients, if required by future OMB guidance, shall register in the Central Contractor Registration (CCR) database at www.ccr.gov, and maintain current registration at all time during the pendency of this contract. In order to register in CCR, a valid Dun and Bradstreet Data Universal Numbering System (DUNS) Number is required. See www.dnb.com. Employment of Unauthorized Aliens Prohibited Pursuant to §285.530.1, RSMo, the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, do not knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri, and shall affirm, by sworn affidavit and provision of documentation, its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further, the subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. In accordance with sections 285.525 to 285.550, RSMo a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of section 285.530, RSMo if the contract binding the contractor and subcontractor affirmatively states that the direct subcontractor is not knowingly in violation of subsection 1 of section 285.530, RSMo and shall not henceforth be in such violation and the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor's employees are lawfully present in the United States. Enforceability If a subrecipient or one of its subrecipients fails to comply with all applicable federal and state requirements governing these funds, the State of Missouri may withhold or suspend, in whole or in part, funds awarded under the program, or recover misspent funds following an audit. This provision is in addition to all other remedies provided to the State of Missouri for recovery of misspent funds available under all applicable state and federal laws. Attachment 3 Page 4 Publication of Confidential Information An application may contain technical data and other data, including trade secrets and/or privileged or confidential information, which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data, the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages ---- of this application have been submitted in confidence and contain trade secrets or proprietary information, and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application, MDNR shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source, including the applicant. Information about this agreement may be published on the Internet and linked to the website wwwxecover .gov., maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5, United States Code. False Claims Act The subrecipient assures that it, as well as its subrecipients if required by future OMB guidance, shall promptly refer to the State of Missouri or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict or interest, bribery, gratuity or similar misconduct involving those funds. Recovery Act Logo This project receives funding under the American Recovery and Reinvestment Act of 2009 (Recovery Act) and the subrecipient assures that it, as well as its subrecipients or loan recipients if required by future OMB guidance, must display the Recovery Act Logo in a manner that informs the public that the project is a Recovery Act investment. The ARRA logo may be obtained from the DOE/EPA grants office listed in this award document. If DOE/EPA logo is displayed along with the Recovery Act logo and logos of other participating entities, the DOE/EPA logo must not be displayed in a manner that implies that DOE/EPA itself is conducting the project. Instead, the DOE/EPA logo must be accompanied with a statement indicating that the grantee, subgrantee or loan recipient received financial assistance from DOE/EPA for the project. Attachment 3 Page 5 Publications and Public Relation Events All publications which are intended for distribution and are financed, wholly or in part, by subgrant funds, must contain the following verbiage: Funds are made possible through the American Recovery and Reinvestment Act and the Transform Missouri initiative and administered by the Missouri Department of Natural Resources and the Ozarks Center for Sustainable Solutions (OCSS) at Drury University. Additionally, ARRA, Transform Missouri, MDNR, and OCSS logos must be included in all of the aforementioned publications. The subrecipient assures that it, as well as its subrecipients, shall submit to OCSS and MDNR two draft copies of each publication and other printed materials which are intended for distribution and are financed, wholly or in part, by subgrant funds. The subrecipient nor its subrecipients shall not print or distribute any publication until receiving written approval by the grant manager. The subrecipient assures that it, as well as its subrecipients, shall notify OCSS and MDNR five business days in advance of all public relations events related to ARRA-funded activities whereby the public and/or media is invited to participate and provide opportunity for involvement. Attachment 3 Page 6 ATTACHMENT 4 POLICY STATEMENT CONCERNING PURCHASING BY THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION The Southeast Missouri Regional Planning and Economic Development Commission was created under Chapter 251 of the Revised Statutes of the State of Missouri and is owned and operated by county and municipal government. It is Commission's desire to maximize the utilization of funds in the purchase of equipment and supplies and to seek the best prices for quality products and equipment in all circumstances. The following procurement policy was adopted by the membership of the Southeast Missouri Regional Planning and Economic Development Commission at its April 24, 2007, meeting to provide written guidance and direction to the Commission's Executive Director and staff. The Regional Planning Commission may purchase property from the Missouri Office of Administration's approved vendor or equipment list. If the Office of Administration's equipment list is not used for procurement, the following policy shall apply. All items with an estimated cost of over $10,000 shall be procured by written bid. The Commission's Executive Director shall prepare, or cause to have prepared, a statement concerning the nature of the equipment, furniture or supply purchases to be bid for issuance to businesses that have the capacity to supply the particular piece of equipment, furniture or supplies. Items to be purchased with an estimated cost of between $5,000 and $10,000 may be bid by telephone bids from at least three suppliers, if such can be located. Telephone bids are to be recorded on a form provided that shows the date; the person taking the bids; the companies contacted, with their phone numbers; a description of the material being bid; and the bid from the individual companies contacted. For items of under $5,000, the Commission's Executive Director may use a telephone bid, or in cases where unique or particular items are needed, may select a supplier and negotiate price on the items to be purchased. The Executive Director shall be charged with the responsibility of selecting the lowest and best price available to the Commission for supplies, equipment and furnishings. Expendable office supplies, where the total purchase is less than $1,000, may be ordered from suppliers or through catalogs without bid. The Commission's Executive Director shall review all orders prior to being placed and shall require pre -approval of purchase orders prior to the staff ordering any materials over $25 in cost. Attachment 4, Procurement Policy Page I 1 The Commission's policy shall be to accept the lowest and best bid for the equipment, furnishings, construction, or office supplies and materials being purchased. Award considerations shall include quality of product being bid, the time of delivery and supply, and the service that may need to be purchased on a continuing basis for repair of equipment, etc. Proximity to the Commission's office and the ability to maintain and supply parts and labor for the equipment may also be considered. The Commission reserves the right to purchase unique equipment which may be manufactured by only one firm if a particular need within the Commission's operations calls for specific equipment. As an example, computer equipment that is compatible with existing equipment may require the purchase from a limited number of vendors. The Commission shall not be bound to take the lowest bid for equipment and furnishings where purchase of same would cause equipment compatibility problems within the office or where the materials being offered are deemed to be of inferior quality. Attachment 4, Procurement Policy Page 12 ATTACHMENT 5 SOUTHEAST MISSOURI REGIONAL PLANNING COMMISSION REIMBURSEMENT PROCEDURES FOR THE CLEAN DIESEL PROGRAM Accounting records must be supported by source documentation such as cancelled checks, paid bills, payrolls, time and attendance records, contract and contract award documents, if applicable, and agreement and subgrantee award documents. Appropriate electronic verification of cleared checks may also be considered source documentation in lieu of actual cancelled checks. Documentation must be available by the Commission or Commission subgrantee upon request (10 CSR 80-9.050). ELIGIBLE COSTS In order for costs to be eligible for reimbursement, they must meet the conditions listed below: 1. Costs must be incurred within the project period. This is the date identified in the financial assistance agreement (FAA). 2. Costs must relate directly to the approved scope of work, budget, and terms contained in the agreement. ELIGIBLE COSTS A. Purchase of equipment; and, B. Labor directly associated with installation of the equipment. BIDDING REQUIREMENTS Recipients of Solid Waste Management Fund financial assistance are required to obtain bids for all purchases according to the schedule defined in the Revised Statutes of Missouri (RSMo) 34.040. The following is a summary only. We recommend that 34.040, RSMo through the Secretary of State's Website be accessed for complete information. To paraphrase this statute: Purchases of $0-2,999.99 Do not require bids. Purchases of $3,000.00-24,999.99 Require a minimum of three (3) competitive bids, but do not have to be advertised. Purchases of $25,000.00 or Higher Require a minimum of three (3) competitive bids, advertised in at least two daily newspapers at least five days before bid opening. Attachment 5, Reimbursement Policy P a Q e I I PLEASE NOTE: Subgrantees must submit bid documentation. All subgrantees must adhere to the requirements listed above, and documentation must remain in the subgrantee's and the Commission's files. Failure to comply with applicable bidding procedures may result in forfeiture of funding. REIMBURSEMENT REQUEST FORM The Reimbursement Request Form must accompany requests for reimbursement under this program. This form identifies supporting documentation required to complete payment. IN-HOUSE INSTALLATION If installation is done by the Recipients staff, charges must be supported by: ➢ Time sheets supporting hours spent on the project ➢ Documentation supporting the hourly rate charged OUTSIDE INSTALLATION If installation is done by a vendor, charges must be supported by: ➢ The Vendor's Invoice indicating amounts charged ➢ Copies of cancelled checks or proof of electronic transaction indicating that charges have been paid EQUIPMENT If equipment expenses are claimed for this period, please provide the following: ➢ Invoices or Contract ➢ Cancelled checks (copies of both sides) or proof of electronic transaction Attachment 5, Reimbursement Policy Page 12 Reimbursement Request SOUTHEAST MISSOURI REGIONAL PLANNING COMMISSION CLEAN DIESEL PROGRAM Subgrantee: City of Cape Girardeau Project No.: DERA 7 Amount Awarded: $150,000.00 Reimbursement amount requested for this quarter and description of what reimbursement is for: Description of equipment, etc. purchased and serial number or ID number of any equipment purchased over $5,000 for filing of a UCC. If the equipment is required to be titled through the Missouri Department of Revenue, the Southeast Missouri Regional Planning Commission must be listed as lien holder on the title and a copy of the title provided to the Commission before any funds are reimbursed. This information shall be provided to the Commission within 30 days of purchase. I have attached any cancelled checks, any invoices and any other documentation that is needed for this reimbursement. I certify that to the best of my knowledge and belief that the data above is correct and that all outlays were made or will be made in accordance with the subgrant and that payment is due and has not been previously requested. I also certify, if this request involves a building or site improvement, that the improvement is for project activities and the building/equipment is insured. (Signature) Date Attachment 5, Reimbursement Policy P a g e 13 ATTACHMENT 6 Executive Summary The project involves the early vehicle replacement of three existing refuse trucks with new, automated refuse trucks. Replacing older trucks, with engine models dating to 1994, 1995 and 2001 with new trucks with engines meeting the latest EPA standards will have a direct impact on air quality through reduced emissions. In addition, the new trucks will be equipped with automated pickup systems designed to improve recycling efforts by making on-site separation of recyclables unnecessary. Finally, the City of Cape Girardeau has pledged to utilize hybrid technology in these new trucks if such is available. Attachment 6, Executive Summary Page 11 Attachment 7 Clean Diesel Program Project DEKA-7 Tasks and Timeline Task Month 1 12 13 14 15 16 17 18 19 110 111 12 13+ Advertise and accept bids/authorize purchase. Order equipment and await delivery. Purchase and shake down equipment. Prepare final and follow-up reports.