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HomeMy WebLinkAboutRES.888.01-03-1994 I� � BILL NO. 94-3 RESOLUTION NO. �X� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR A COMBINED SEWER OVERFLOW CHARACTERIZATION STUDY BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Grant Agreement with the Missouri Department of Natural Resources for a combined sewer overflow characterization study. A copy of said Grant Agreement is attached to this Resolution and made a part hereof. ,,-'. PASSED AND ADOPTED THIS `.�?ri� DAY OF � /" " i,� , 19�. � f� � / -� ' �; .� Francis E. Rhodes, Mayor ATTEST: i , i' Ii / �`� Gayle,,L. Conrad Deputy City Clerk �� 3 MISSOURI DEPARTMENT OF NATURAL RESOURCES SUBGRANT ASSISTANCE AGREEMENT Under authority of Public Law N/A and subject to pertinent legislation regulations and policies applicable to N/A 1. Recipient (Name, Address & Telephone No. ) : 2. Subgrant Number: - City of Cape Girardeau �3. Budget Period: P.O. Box 617 � 12/15/93--12/14/94 Cape Girardeau, MO 63702 �4. Project Period: (314) 334-9020 � 12/15/93--12/14/95 5. Recipient Project Manager: � 6. Type of Assistance: Kensey Russell, City Engineer � New Award X 7. State Project Manager & Telephone No. : � Amendment John Ford (314) 751-7024 �8. Amendment ID # 9. Project Title and Description: Cape Girardeau Combined Sewer Overflow Character- ization Study--Collect sufficient data to characterize locations, quantity, and quality of CSO discharges and impacts on receiving streams. 10. Source of Funding Yr. : Cost Center: 63352 Project Grant: To Be Established 104(b) CSO Characterization Studies 11. Project Funding: Amount Percent Initial Award $ 16,981.16 100$ Initial Recipient Match -0- Amended Award Amended Recipient Match Total Project Cost $ 16,981.16 100� 12. Amendment (Describe) : 13. The recipient agrees that it will administer this agreement in accordance with: A. All applicable federal regulations including but not limited to B. Applicable program guidelines C. Recipient grant application dated as negotiated. D. Workplan Attachment (Attachment A-1 ) , Invoice (Attachment A-2 ) E. Budget Plan (Attachment B ) , Special Conditions (Attachment C ) F. General Terms and Conditions (Attachment # D ) G. Other (Attachment(s) E ) Debarment, Suspension Certification H. MBE-WBE Utilization Report (Standard Form 334) (Attachment # F ) 14. The assistance as described herein is hereby offered and accepted effective upon signature of authorized officials. MISSOURI DEPARTMENT OF NATURAL RESOURCES DAVID A. SHORR I G ^ � S I ��/j�S3 Department Director (typed) i nature Date RECIPIENT ORGANIZATION � � � � Name and Title (typed) Signature Date ; ATTACHMENT A-1 TERMS OF AGREEMENT I . SUBGRANT AWARD: The Missouri Department of Natural Resources, Division of Environmental Quality, Water Pollution Control Program (MDNR- WPCP) and the City of Cape Girardeau agree to the staffing, plan of work, and administrative procedures outlined herein to characterize the combined sewer overflows (CSOs) from their sewer collection systems . A. The Missouri Department of Natural Resources (MDNR) agrees to pay the subgrantee an amount not to exceed $16 , 981 . 16 from December 15, 1993, to December 14 , 1994 , for the tasks specified in the Scope of Services . An additional $16 , 981 . 17 will be reserved for the second budget year of the project period. B. The City of Cape Girardeau will ensure the collection, compilation and reporting of all data specified in the Scope of Services . II . BACKGROUND C50s are discharges from a sewer that carries both sewage and stormwater. During storm events , flows through these sewers often exceed the hydraulic capacity of the sewage treatment plant and this excess overflows somewhere from the sewer system, discharging untreated sewage and stormwater to the receiving stream network. Seven Missouri communities have been identified as having CSOs . They are Kansas City, St . Louis, St. Joseph, Sedalia, Macon, Moberly and Cape Girardeau. Work is now in progress at the first four cities to assess the water quality impacts of CSOs on receiving streams, to bring these cities into compliance with proposed EPA guidelines . Similar work needs to be initiated at Cape Girardeau, and is the purpose of this subgrant. III . OBJECTIVE Collect sufficient data to characterize the locations, quantity and quality of CSO discharges and their impact on receiving streams . This data should provide information on the potential for in-stream water quality problems and support any engineering plan and design work for facilities to give additional treatment to CSOs . IV. SCOPE OF SERVICES A. Using all available resources including field observations, previous reports, etc . , map all major CSO points and their relationship to the surface drainage network. B. Using all available resources including previous reports, measure rainfall and maximum CSO discharge for at least two rainfall events at each major CSO point. C . Measure the water quality of a major CSO discharge and its immediate downstream receiving water on at least three occasions when a CSO discharge occurs . The minimum sampling effort for each of these three events will be a time- integrated sample from an automated composite sampler sampling the CSO discharge and a second automated composite sampler sampling the receiving stream below the CSO point. The minimum sampling effort for the entire project will be three pairs (a pair consisting of the CSO and the receiving stream) of composite samples and ten pairs of CSO and downstream grab samples taken during a CSO discharge. Up to three pairs of grab samples may be taken at a single CSO point during a single storm event, but such samples must be separated by at least 20 minutes . Three additional grab samples will be taken at receiving stream sampling points during "dry" weather, which will be defined as any period where there has been no discharge from the CSO for at least one week. D. Al1 samples will be analyzed for at least these constituents : BOD5, total suspended solids, ammonia-N; and the total recoverable fraction of these metals : copper, cadmium, chromium, lead, nickel and zinc . All grab samples will also be analyzed for fecal coliform bacteria. E . All monitoring plans will be submitted to DNR for review and approval prior to the initiation of any sampling. The monitoring plan must include documentation by the lab doing the sampling of successful QA/QC performance on all parameters and at least 5 additional samples done in conjunction with this project (either field duplicate samples, lab replicate analyses or spiked samples) . V. PROJECT PRODUCTS After receipt of all sample results , the City will produce a final report which will contain data on rainfall, CSO discharges, and water quality of CSO discharges and receiving streams . s VI . PLAN OF WORK - MILESTONES TA5K MONTH OF COMPLETION 1 . DNR notify city of funds Nov. 93 2 . DNR/city sign subgrant documents Jan. 94 3 . City obtains contractor(s) as needed Apr. 94 4 . City submits quarterly progress report Apr. 94 5 . City develops monitoring plan June 94 6 . DNR reviews/approves monitoring plan Jul . 94 7 . City submits quarterly progress report Jul . 94 Oct. 94 Jan. 95 Apr. 95 8 . Monitoring completed Aug. 95 9 . City submits quarterly progress report Jul . 95 10 . City submits final report Oct. 15, 95 11 . DNR review/approve final report Nov. l4 , 95 VII . BUDGET Cape Girardeau CSO Characterization Study December 15, 1993--December 14, 1995 Total Federal Contribution . . . . . . . . . . . . . $33, 962 . 33 Total Nonfederal Contribution . . . . . . . . . . . N/A TOTAL PROJECT COST . . . . . . . . . . . . . $33, 962 . 33 (See Attachment B for budget break-out. ) VIII . PROPOSED PAYMENT SCHEDULE : A. Reimbursement to the City of Cape Girardeau for the tasks described in the Scope of Services will be made according to the following schedule: MAXIMUM REIMBURSEMENT SUBMIT PROJECT INVOICE EXPENSES SCHEDULE TO PERIOD FORMAT $33,962 . 33 Quarterly DNR Project 12/15/93-- Attachment fiscal officer 12/14/95 A-2 . t B. Final reimbursement will be made upon DNR' s receipt and approval of the final project report. IX. REPORTING REQUIREMENTS A. Quarterly progress reports will be due April 15, July 15, October 15, and January 15 of each year. Reports will describe project status, compare status to scheduled milestones and explain any variances from expected progress . B. The final project report will be submitted following completion of project and contain items included in the Project Products Section. r i ATTACHI�NT A-2 SAMPLE INVOICE TO: DATE: Missouri Department of Natural Resources INVOICE NO.: Division of Environmental Quality Water Pollution Control Program INVOICE PERIOD: P.O. Box 176 Jefferson City, MO 65102 AGREEMENT AMOUNT: $16,981.16 Attn: Verna Page AGREETIENT PERIOD: 12/15/93--12/14/94 PROJECT DIRECTOR: Kensey Russell, City Engineer PROJECT TITLE: City of Cape Girardeau CSO Characterization Study BUDGET CATEGORY PROJECT BUDGET CUMUZATIVE AMOUNT CURRENT IN�/OICED � RECEIVED AMOUNT INVOICED TO DATE SALARIES/FRINGE 8,581.16 EQUIPMENT 4,000.00 212F,VEL SUPPLIES 1,000.00 OTHER CONTRACTUAL 3,400.00 TOTAL COST 16,981.16 $ AMOUNT DUE THIS INVOICE $ MAKE CHECK PAYABLE TO: I certify that to the best of my knowledge and belief the data above are correct, and that all outlays were made in accordance with the grant agreement, and that payment is due and has not been previously requested. SUBMITTED BY: �t � ATTACHMENT B PROJECT BUDGET Cape Girardeau CSO Characterization Study December 15, 1993--December 14 , 1994 BUDGET ITEM YEAR ONE YEAR TWO Salaries and Benefits 8581 . 16 13,481 . 17 Equipment 2 composite samplers 4000 . 00 Supplies 1000 . 00 100 . 00 Contracted Professional Services 3400 . 00 3400 . 00 Annual Total 16 , 981 . 16 16, 981 . 17 Project Total 32 , 962 . 33 . , Cape Girardeau CSO Characterization Study ATTACHMENT C SPECIAL CONDITIONS I. The subgrantee must certify that to the best of their knowledge and belief they and their principles are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency. A Certification Regarding Debarment, Suspension, and Other Responsibility Matters form must be completed by the subgrantee and be attached to the agreement document prior to signature by the subgrantee official. The form is also to be completed each year for agreements that are continued from one fiscal year to the next. II. The subgrantee must agree that all statements, press releases, requests for proposals, bid solicitations, and other documents describing the program/project for which funds are being awarded, will include a statement of the percentage of the total cost of the program/project which is financed with Environmental Protection Agency Region VII money and the dollar amount of Region VII funds for the program/project. III. The subgrantee must use recycled paper for all reports which are prepared as a part of this subgrant award and delivered to DNR. This requirement does not apply to reports which are prepared on forms supplied by the grantee agency. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. IV. The subgrantee must agree to take affirmative steps required to assure that small, minorities' and women's businesses (MBE/WBE) are used when possible as sources when procuring supplies, equipment, construction and services related to this subgrant award. The subgrantee must agree to include information about these requirements in solicitation documents. In accordance with administrative provisions of Public Law 1-1-507, special effort must be made to assure that a Fair Share Objective of 8% be made available to MBE/WBE firms when utilizing subgrant funds to purchase supplies, equipment, construction, and services related to this award agreement.' The subgrantee must agree to submit to the grantee's project officer a completed Standard Form 334, MBE/WBE Utilization Report (Attachment G) . Reports will be due March 15, June 15, September 15, and December 15. V. The subgrantee must agree to coordinate all project information/education activities with the DNR Division of Environmental Quality, Environmental Community Involvement Unit (ECI) . This coordination will include providing advance notification of project planning meetings to allow attendance and providing for review and approval draft copies of agendas for public meetings and workshops and of all material to be printed. Failure to obtain prior approval will result in DNR disallowing reimbursement for production costs. • nt,�,¢,t.,�1����. a� 1/ 7.J � � " - � Page 1 of 12 ' Cape Girardeau CSO Characteriza"tion DEPARTt�NT OF NATURAL RESOURCES Studv General Terms and Conditions I. Statutory Requirements The Missouri Depart�nent of Natural Resources tt�tv'R) and any recipient (subgrantee/contractor) e¢Tpioyed under this agreement shall comply with a11 apolicabie Federal, State, and local laws and, in particular, any and all applicable Federal laws and regulations cited in this agreement. Any recipient, in connection with its application for financial, assistance, shall inciude a certification that the recipient is in corctpliance with the specific federal and state laws set forth below. F�rther, the recipient shall report to the t�NR any instance in which the recipient is determined by any a�inistrative agency or by any court in connection witn any judicial proceeding to be in noncocrrpliance wi�h any of the specific federal or state laws set for-�h below. Such report shall be sub¢�,itted within ten ( 10) working days following such determination. Failure to cocr�ly with the reporting requir�ent may be grounds for terr,.ination of tnis agreement or suspension or debar.nent of :he recipient �n accordance with oaragraphs II (H) and (S) of these Ter,rs and Conditions. A. Statutes related to nondiscrimination: 1 . Tit1e VI of the Civil Rights Act of 1964 (P.L. 88-352) which orohibits discrimination on the basis of race, color or national origin; 2. Title IX of the Education Amen�ents of 1972, as amended (U.S.C. §� 168?-1683 and 1685-1686) which pronib its discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) , wnich prohibits discrimination on the basis of disability; 4. Age Discrimination Act of 1975, as amended (42 U.S.C. �§ - 6101-6107) , which prohibits discrim.ination on the basis of age; 5. Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255} , as amended, relating to nondiscriunination on the basis of drug abus e; � 6. Coatprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616) , as amended, relating to nondiscrim.ination on the basis of alcohol abuse or alcoholism; 7. Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3) , as amended, relating to confidentiality of alcohol and drug abuse patient records; . c 8. Title VIII of the Civi1 Rights Act of 1968 (42 U.S.C. � 3601 et seq. ) , as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9. The Americans with Disabilities Act {P. L. 101-336) , 42 U. S. C. § 12101 et sec. , relating to nondiscrimination with respect to ecrTployment, public se�-vices, public accoammodations and telecouuminications. 10. Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made. 11. The requiremer.ts of any otner nondiscrir�ination statute(s) which may apply to tne application. B. Wil1 coQply witn environmentai standards which may be orescri:bed pursuant to the .oliowing: 1 . The Federal C1ean Air Act, 42 U.S.C. § 7606, as amended, orohibiting award of assistance by way of grant, loan, or contract to noncomplying facilities. , Z . The Pederal Water Poilution Control Act, 33 U.S.C. � 1308, as amended, prohibiting award of assistance by way of grar,t, ioar:; or contract to nonco�lying facilities. 3. Tne Nationa�i �;,vi:onmenta'_ Policy Act of 1969, 4� U.S.C. � �?21 et seq. , as amended, particula.-ly as it relates to tne assessment or the environmental impact of federally assisted projects. 4. The National Historic Preservation Act of 1966, 16 U.S.C. � 470 et seq. , as amended, relating to the preservation of historic landmarks. 5. Earthquakes - Seismic Building and Construction Ordinances, §§ 329.200 - 319.207, RSMo (C�m. Supp. 1990) , relating to the � adoption of seismic design and construction ordinances by certain cities, towns, villages and counties. C. Unifor.n Relocation Assistance and Real Property Acquisition Policies Act of 1970, 4Z U.S.C. §§ 460I and 4651 et seq. , relating to acquisition of interest in real property or any displacement of persons, businesses, or f arm operations. D. The Hatch Act, 5 U.S.C. § 1501 et seq. , as amended, relating to certain political activities of certain State and local eu�loyees. E. The Archeological and Historic Preservation Act of 1974 (Public Law 93-291) relating to potential loss or destruction of significant scientific, historical, or archeological data in connection with . federally assisted activities. F. The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq. ) related to protecting components or potential cou�onents of the national - wild and scenic rivers system. ' Page 3 of 1Z � , G. The flood insurance purchase requirements of § 102(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) which requires Recipients in a special flood ha2ard area to participate in the program and to purchase flood insurance if the total cost of insurable . cons�ruction and acquisition is $10,000 or more. H. The Privacy Act of 1974, P.L. 93-579, as amended prohi.biting the maintenance of inforn�tion about any individual in a manner which would violate the provision of the Act. I• Public Law 93-348 regarding the protection of human subjects involved in research, development and related activities supported by this award of assistance. J. The Laboratory Animal We�fare Act of 1966 (P. L. 89-544) , 7 U.S.C. � 2131 et seq. , pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. K. The following additional rewirements apply to projects that involve construction: 1 . The Davis-Bacon Act, as amended, 40 U.S.C. § 276a et sec. , respecting wage rates for federally assisted construction contracts in excess of $2000. 2 . The Copeland (Anti-Kickback) Act, 18 U.S.C. § 874, 40 J.S.C. y 276c. 3. The Contract Work Hours and Safety Standards Act, 40 U.S.C. § 327 et seq. 4. Convict labor shall not be used on construction projects unless by convicts who are on work release, parole, or probation. L. The Lead-Based Paint Poisoning Prevention Act (42 U. S. C. § 4801 et seq. } which prohibits the use of lead paint in construction or rehabilitation of residence structures. II. Administrative Requirements The Missouri Department of Natural Resources (I�IIR) shall apply the standards contained in state statutes and the federal Coc�on Rule (Adopted by 29 federal agencies and contained in specific Codes of Federal Regula�.ions, for each federal agency, under the title, "Uniform Adm.inistrative ReQuirements For Grants and Cooperative AQreements to State and Loca1 Governments") in the a�ministration of this agreement (subgrantfcontract�cooperative agreement) and in particular those standards paraphrased as follows: ra9e 4 OL 1L ' . � A. Method of Payment. The recipient (subgrantee/contractor) will be reimbursed for all allowable expenses incurzed in performing the scope of services. The recipient shall report project expenses and submit standard invoices, attached to the agreement, for payment. The form must be completed with the i�NR invoiced amount and local share detailed for the recipient to be reimbursed. Invoices �nust orovide a breakdown of project expenses by the object class detail contained in the agreement budget. Monthly or quarterly invoices must be received by the lUth of the month following the invoice period. No reimbursements will be made for expenditures incurred after the closing budget date unless a budget time period extension has been granted by the hIDNR. 1 . Payments under nonconstruction grants will be based on the grant sharing ratio as applied to ��:e total project cost for each invoice submitted uniess the agreemer.t spe�ifically provides for advance payments. Advance payments may be authorized on a montnly basis to cover esti�ted expendit�res for a 30 day period. l9NR programs may process advance payment rec�:ests ten working days prior to recruested due dates . 2 . A11 reimb�:rsement recuests, including those for advance payment, wiii show expenditures by object class categories and the foilowing certification by the authorized recioient official, I certify that to the best of my icnowledge and belief tne Cata above are correct and that a11 outlays were made in accordance with the agreement and that payment is due and has not beer. previously recuested. Acvance pay�,ents will �nclude t^e sz.:�e expenditure ite�ization and certitication for the previous advance period. 3. Requests for advance payments wi11 be made prior an advance payment being requested. The advance payment request wi11 include the same expenditure ite.�ization B. Retention and C�stodial Requirements For Records. Financial records, supporting documents, and other pertinent agreement records sha11 be retained for a period of three years starting from the date of submission of the final financial status report. Authorized representatives of Federa� Awarding Agencies, the Corrrptroller General of the United States, and the I+IDNR sha11 have access to any pertinent books, documents, and records of recipients to make audits or examinations. The recipient will further agree to permit monitoring by the hIDNR and/or authorized representative. If any litigation, clai.m, negotiation, audit or other action involving the records has been started before the expiration of the 3-year period, the records must be re�ained until coa�letion of the action and resolution of all issues which arise from it, or until the end of the regular 3-year period, whichever is later. • - rage 5 OZ 1L � , C• Program Zncome. Defined as gross income earned from agreement activities including income from fees for services performed, from the use or rental of real or personal property acquired with agreement funds, from the sale of cor�odities or items fabricated under a agreement, and from payments of principal and interest on loans made with agreemen� funds. Program income shall be deducted from outlays which may be both federal and nonfederal, unless the MDNR, as negotiated with the recipient, or federal awarding agency specifies an alternative metnod in the agreement, described in the "Uniform Administrative ReQuirements For Grants and Cooperative Aqreements to State and Local Governments. " When anticipated and authorized, program income is added to the funds coamlitted to the agreement it rmist be credited back to the original fund or project from which it was earned. A recipiant, having earned program income, may then invoice tne 2-IDNR for costs. incurred against program income if given permission by the federal awarding agency, through the t�NR, as negotiated with the reciDient. D. Match or Cost Share Fllr.ding. in general, matcn cr cost sharing represents that portion of project costs not borne by state appropriations. The matching share wi:1 usually be prescribed as a mini.mum percentage. If stated in dollars only, the hIDNR sharing ratio wi11 be total oroject costs divided ir,to the recipient match cr cost share funding amount. In kind ( ncncash) contributior.s are aliowable project costs when tney directiy benefit and are specifically identifiable to the project or progran. _ . Match or cost sha:e `undirg wi11 be established by �,e t��v:�, t.:-:rouch negotiation witn the recipient. Signature by both the t�N"tr and J recipient, on the agreement signature form, firmly affixes the match or cost sharing ratios. F�11 expenditure of recipient match or cost share funding is required over the life of the agreement. Recipient rrrust invoice the h�NR, as required by the particular agreement, and provide financial records for total expenditure of state and match or cost share funding. The t�IDNR will rei.mburse the recipient for its percentage portion agreed to by signature less any negotiated withholding. 2. Failure to provide 100 percent of the match or cost share ratio of total expenditures as identified on the agreement signature form may cause that recipient to become ineligible to receive additional financial assistance from the hIDNR for a period of five (5) years. E. Financial Management Systems. The financial management systems of recipients must meet the following standards: I. �Financial Reporting. Accurate, current, and complete disclosure of financial results of financially assisted activities must be made in accordance with the financial reporting requirements of the agreement; . Yage 6 0€ 12 2. Accounting Records. Maintain records which adequately identify the source and application of funds provided for financially assisted activities. These records must contain information pertaining to agreement awards and authorizations, obligations, unobligated balances, assets, liabilities, outlays or expenditures, and income; 3 . Internal Control. Efiective con�rol and accountability must be maintained for all recipient cash, real and personal property, and other assets. Recipients must adequately safeguard all such property and cmist assure that it is used solely for authorized purposes; 4. Budget Control. Actual expenditures or outlays must be compared with budgeted amounts for each agreement; 5. Allowable Costs. Applicable OhID cost principles, federal agency proaram regulations, and the agreement scope of work will be followed in determining the reasonableness, allowa;�ility, and allocability of costs; 6. Source Documentation. Accounting records �nust be supported by such source documentation as cancelled checics, paic bi11s, payrolls, time and attendance records, contract, and agreemer.� �award doc�.iments; 7 . Cash Management. Procedures for minimizing the time elapsing betweer, the transfer of funds from the U. S. Treasury and disbursement by ttle hIDtv'Zr rmist be followed wnenever advance payment procedures are used. F. Report:ng of Proc,ra.v Perfo r.nance. A oerfo�^.ance report fcr eac� program, function, or activity shall be submitted at least annually and/or after co�letion of the project, as specified by the agreement scope of work. Performance report require�nents, if not expressly stated in the scope of work, should include, as a minimum, a cocuparison of actual accor�lishments to the goais estabiished, reasons why goals were not met, and other pertinent information. G. Budget and Scope of Work Revisions. For non-construction grants, recipients must request and receive prior written approval to transfer funds from a direct cost budget category(ies) when the cumulative amount of such transfers exceed or are expected to exceed ten percent of that budget category. The revision must meet requirements applicable to Ot�ffi cost principles. Official notification is to be transmitted to the !-IDNR whenever a recipient makes a revision for less than ten percent. 1. Prior notification is also required by recipients to add budget items requiring approval, for allowability of costs, in accordance with Oh� Circular A-87, A-122, or A-21, as applicable. �. Changes to the scope of services desczibed in the agreement must receive prior approval from the IrIDNR. Approved changes in the scope of work or budget shall be incorporated in written amen�nent to the agreement. , � Page 7 of 12 3. For construction grants, prior approval is required to revise any budget resulting from changes in the scope or objective of the project. H. Termination for Cause. The l�NR may terminate any agreement in whole, or in part, at any time before the date of completion, whenever it is determined that the recipient has failed to co�ly with the tezms and conditions of the agreement. The I�IDNR sha11 pro�tly notify the recipient in writing of such a determination and the reasons for the termination, together with the effective date. MDNR payments to or recoveries from recipier.ts under agreements terminated for cause shall be in accord with the legal rignts and liabilities of tne parties. I. Termination for Convenience. Both the hIDNR or recipient may `terminate � the agreemer.t in whole, or in part, when both parties agree that tne continuation of the project would not produce beneficial results co�ensurate with the furr.her expenditure of funds. J. Equipment Ma.�agement. The following standards shall govern the utilization and disposition ot eqt;ipment acquired with agreemen� funds: 1. Title to equipment acquired under this agreemen� wiil vest with i�h'R. 2. Procedures for managing equipment whether acquired in whole or in part with agreement funds wi11, as a minimum, meet the following rewirements until disposition takes �lace. a. Property records must be maintained that include a description of the equipment, a serial number or other identification number, t:Ze source of property, the acquisition date, and cost of the property, percentage of federal participation in the cost of the property, the location, use and condition of the property. b. A physical inventory of the property inust be taken and the results reconciled with the property records at least once eve�-y two years. c. A control system utust be developed to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft shall be investigated. 3. When original or replacement equipment acquired under this agreement is no longer needed for the original project or program, disposition will be made as follows: a. For ite�s with a per unit fair market value of less than $1,000.00, t�NR Will transfer title to the recipient who may use � the property for other activities without reimbursement to IyIDNR. rage � ot 1Z � b. For items having a per unit •fair market value of $1,000.00 or more, I�IDNR reserves the right to transfer title. However, the recipient may retain the property for other uses provided that compensation is made to hIDNR. The amount of compensation shall be conrputed by applying the percentage of hIDNR participation in the cost of the originai project to the current per unit fair ma��ket value of the property. Ir the recipient has no need for the property and the property has further use value, �he recipient shall request disposition inst�-uctions from MDNR. c. t�NR shall issue disposition instrsctions witzin 120 calendar days after the recipient`s request. MDNR may pick up the property or instruct the recipient to ship the property eisewhere.. Shipping,costs shall be paid by t�tv'R. � d. Title is transferred to the recipient if disposition instructions are not issued by t�NR within 120 calendar days after the recipient' s request or if so instructed. K. Znventions anC Patents. Zf a:�y recipient procuces subject matter whicn is or maybe patentable in the course of work sponsored by this agreement, sucn s�ject matter shall be proutptly and fully disclosed to the FIDNR. In �'�e event t:�at the recipient fails or cec'_ines to file Letters of Patent or to recognize patentable subject matter, the t�NR reserves the right to fiie same. The t�NR grants to tne recipient an option to acquire an exclusive license including the right to sublicense with a royaity cons�deration to tne hfltv`�. L. Copyrights. Except as other�+ise provided in the ter•ns and conditions o� this agreement, the author or the recipient is free to copyright any books, publications, or other copyrightable material developed in the course of tnis agreement, however, the I�NR and federal awarding agency reserves a royalty free nonexclusive and irrevocable rignt to reproduce, publish, or otherwise use, and to authorize others to use, the work for State government purposes. M. Prior Aporoval For Publications. It is the policy of the MDNR to review and approve draft copies of all publications and other printed materials which are intended for distribution. The recipient sha11 submit two draft copies of each publication and other printed materials to the I•IDNR which are intended for distribution and are financed, wholiy or in part, by agreement funds. Printing and distribution may follow receipt of written approval of the ?�NR. N. Procurement Standards. Recipients shall use their own procurement procedures provided that procurements conform to standards set forth in the "Uniform Administrative Requirements For Grants and C000erative A9reements to State and Local Governments".. 1. No work or services, paid for wholly or in part with state or federal funds, wi11 be contracted without the written consent of the I�NR. ' Page 9 of 12 2. Recipient agrees that any contract, inteiagency agreement subagree�ent, and/or equipment to be procured under this award which was not included in the approved workplan must receive formal I�NR project officer approval prior to expenditure of funds associa�.ed with that contract, agreement, subagreement, or equipment purchase. 0. Audit Requirements. Recipients shall arrange for independent audits as prescribed in Oi� Circular A-128, Singie Audit Act of 1984. When the recipient had its yearly audit conducted by a governmental agency or private auditing firm, tne relevant portion(s) of the audit report will be submitted to the t�NR, and if not, an audit is to be arranged for independent audit as prescribed in OMB Circular A-128 or A-133, as applicabie. P. Ailowability of Costs. Ailowability of costs shall be determined in accordance with cost principles contained in OMB Circular A-87 (Revised) for State and local governments, Circular No. A-122 for nonprofit organizations and Circular No. A-21 for educational institutions. Q. Conflict of Z^terest. No party to this agreement and no officer, agent, or etrtployee of either party to this agreement who exercises any functions or res�onsibilities in the review or approval of the perfo rs�ance of this ag:eement shall participate in any decision relating to this agreement wnich would affect tneir personal or pect:niar� interest, directiy or indirectiy. No state e�loyee shall perform any service for consideration paid by the recipier,t during one year after termination o€ the e�1oyee' s state eacploytnent in which the former state employee a�tempts to influence a decision of t_he l�NR or in the relation to any case, decision, proceeding or application with respect to which the former e.atployee personally participated during the period of state eu�loyment. R. State A�oropriated F�ulding. The recipient agrees that funds expended for the purposes of this agreement mus� be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the agreement period, as well as being awarded by the federal or state agency supnorting the project. Therefore, the agreement sha11 automatically termina�e without penalty or termination costs if such funds are not appropriated and�or granted. In the event that funds are not appropriated and/or granted for the agreement, the recipient sha1Z not prohibit or otherwise limit the I�IDNR's right to pursue alternate solutions and remedies as deemed necessary for the conduct of state government affairs. The requirements stated in this paragraph shall apply to any amen�ent or the execu�ion of any option to extend the agreement. raye lU OL 1L S. Debarment and Suspension. Recipients must not make any award at any time to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in federal assistar�ce under Executive Order 12549, "Debarment and Suspension." A Debarment/Suspension form is to be co�pleted by recipients and be attached to the recipient application and be attached to the agreement document prior to signature by the MDNR official. Furthermore, recipients are also responsible for written debarment/suspension certification of all sii�contractors receiving funding through a federally funded grant. t�IDNR's administrative policy on t�e debarment and suspension of recipients for certain activities, DNR Policy No. 6030 is expressly incorporated herein by reference. A copy of this policy is av,ailable to recipients upon request. ' T. Anti Lobbying. No portion of this awa_rd may be used for lobbying or propaganda pu_�-poses as prohibited by 18 U.S.C. Section 1913 or Section 607(a) of Public Law 96-74. 1. Recipient agrees to corrrply with the Anti-Lobbying Act, Sec�ion 319 of Public Law 101-121, effective December 23, ?989. Recipient further acknowledges that failure to file or amend the cisclosure form, if required, sna11 be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such :aiiure. 2. Recipient also agrees to include in a11 solicitation docurnents the following: a. Subrecipients who rew est or receive, from the grant recipient, an agreement, or subagreement exceeding $100,000, at any tier under a federal grant sha11 com�ly witn the "Anti-�obbying Act, Section 319 of Public Law 101-121, and file an Anti-Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above. b. Recipient acknowledges that if any expenditure is made as prohibited by the Act, t�at he shall be subject to a civil penaity of not less than $10,000 and not more than �100,000 for each such expenditure. U. Press Releases. Recipient agrees that a11 statements, press releases, requests for proposals, bid solicitations, and other documents describing the program/project for which funds are now being awarded, will inclt�de a statement of the percentage of the total cost of the program/project which is financed with Federal money, and the dollar amount of Federal funds for the program/project. V. Recycled Paper. The grantee must use recycled paper consisting of at � least fifty percent waste paper, with ten percent or greater being post consumer waste, for all reports which are prepared as a part of this grant award and delivered to the Department of Natural Resources. The grantee �nust use recycled paper for any materials that it pro�uces and �aye 11 OL 1L makes available to any and all parties other than the Department of Natural Resources. The chasing arrows symbol representing the recycled conten� of the paper will be clearly displayed on at least , one, page of any materials provided to any and all parties other than the Department of Natural Resources. This requirement does not apply to reports which are prepared on forms suppiied by the grantee agency. This rea�uirement applies even if the cost of recycled paper is higher than that of virgin paper. W. Disadvantaged Business Enterprise Utili2ation. In accordance with federal administrative provisions, special efforts mt;st be made, for those agreements using federal Environmental Protection Agency (EpA} funding, to assure that a Fair Share Objective of 8� be made available to minority, women's and small disadvantaged business enterprirse firms, inciuding historically black colleges and universities, when utilizing agree�ent funds to purchase suppiies, equipment, construction and se�-vices related to this award agreement. 1. The recioient agrees to take a11 necessary af:ircaative steps requ Lred to assure that sma11 and minori:y :irms, women' s business ente-prises and labor surpius area firms are used when possible as sources when procuring supplies, equipment, consE.ruction and services related to t:�is award agree�nent. The recipient agrees to include informatior. �out these requiremen^s in soiicitation documents. Affirmative steps shall inciude: a. Placing qualified small and minority businesses and women's bus,^ess ente:-pr�ses on sciicitation l�sts; b. Ensuring that sma11 and minority and women' s }�usiness enterv rises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasibly, into small tasks or quantities to permit maximum participation by small and minority and women's business enterprises; d. Establishing delivery schedules, where the require�ents of work wi11 permit which would encourage participation by sma11 and minority and women's business enterprises; e. Using the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Co�erce, and; f. Requiring any prime contractor or other recipient, if subagreements are to be let, to take the affirmative steps in subparagraphs a. through e. of this section. 2. The recipient agrees to submit, to the I�IDNR`s project officer, a co�npleted Standard Form 334, MBE/WBE Utilization Report, within 30 days after the end of each federal/state fiscal quarter. X. Disputes. Program staff should atte�t to resolve disagreements concerning the administration or performance of the underlying agreement. If an agreement cannot be reached, the cognizant division director will provide a written decision. Such decision of the division director shall be final unless a request for review is submitted to the department director within ten ( 10) business days after the division director's decision. Such request sha11 include: (1) a copy of the division director's final decision; (2) a statement of the amount in dispute; (3) a brief description of the issue(s) involved; and (4} a concise statement of the objections to the final decision. A decision by the depart�ent director shall constitute final department action. " '- t1LL3CRmei1� ++ � Cape Girardeau CSO Characterization Stud� A EPA Project Control Number `,�I, United States Environmental Protection,�qency Washington,DC 20460 Certification Regarding Debarment, Suspension, and Other Responsibility Matters The prospective participant certifies to the best of its knowledge and belief that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, deciared ineligibie, or voluntarily exciuded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been co�victed of or had a civii judgement rendered against thern for commission of fraud or a criminai offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or locai) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, faisification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or othervvise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposai had one or more public transactions (Federal, State, or local) terminated for cause or defauit. I understand that a false statement on this certification may be grounds for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to$10,000 or imprisonment for up to 5 years, or both. Typed Name&Title of Authorized Representative Signature of Authorized Representative Date � I am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49 (11-88) Instructions Under Executive Order 12549, an individuai or organization debarred or excluded from participation in Federai assistance or benefit programs may not receive any assistance award under a Federal program, or a subagreement thereunder for$25,000 or more. Accordingly, each prospective recipient of an EPA grant, loan, or cooperative agresment and any contract or subagreement participant thereunder must compiete the attached certffication or provide an explanation why they cannot. For further details, see 40 CFR 32.510, Participants' responsibilities, in the attached regulation. Where To Submit The prospective EPA grant, loan, or cooperative agreement recipient must return the signed certification or explanation with its application to the appropriate EPA Headquarters or Regional office, as required in the application instructions. A prospective prime contractor must submit a completed certification or explanation to the individuai or organization awarding the contract. Each prospective subcontractor must submit a completed certification or expianation to the prime co�tractor for the project. How To Obtain Forms: EPA includes the certification form, instructions, and a copy of its implementing regulation (40 CFR Part 32) in each application kit. Applicants may reproduce these materials as needed and provide them to their prospective prime contractor, who, in tum, may reproduce and provide them to prospective subcontractors. Additional copies/assistance may be requested from: Compliance Branch Grants Administration Division (PM-216F) U.S. Environmental Protection Agency 401 M Street, SW Washington, DC 20460 (felephone: 202/475-8025) EPA Form 5700-49 (11-88) � �,�y � May 26, 1988 � _----- � Part VII Environr�ental Protection Agency 40 CFR Part 3Z Debarment and SuspMsion Under EPA Aaaistancs, Loan and 8erteflt Programs Fedaral Ra�siec / Vol. 53, No. 102 / Thursday, May 26, 1� / Noticts ENYIRONMENTAL�RdTECTlON Federal Acquisi�on Reguletion(FAR), EPA this authority is veated in the AGEMCY 48 CFR Subpart 9.4.it is EPA'.�policy, Direc!or,Grants Adminiatration for purposee of ratianal ar.d r!:icient Di�ieioa aa the debarring and 40 CFR Part 32 management, to integrate its euspending official.Aceordingly,EPA is [FAL�350-8] ariniinistration of these tw� adding aubparagraph(ij to complenentdry prugrams. § _ 315(a)to reflect this Fo�t�u��n tt�fo�t�u►T�oM CO�rMtT' One commer.:er sought c:arifi�:ation respon�ibility. Robert Meunier or David Sima,at(202) gbout w,hether a persen co��ld be T'he proposed cor,�man rule canteined 47�8025. debarred or au9pended fr,r violating a certification requiremeat which �orrww►���►�tt► er.��ronmental laws.An en:imnmental encompassed a range of important r�efoau►Tto�t On May 28,1987,the violation could give rise tu a debarment informatian[rom which tn determine the O�ce oE Management and Eudget or auspension action unda:eeveral of current eligibility ar poteatial (OI�),Issaed Go�eramentwide the causes at ¢ 32305,where there is a responnibility of the prospactive guidelines goveraing debarment and reasenable connection between the parecipant In the final comman rule. auapension by Executive Branch• offense committed and future there are aeparata certifintioos.ont for ageacies under nonprocuremmt perfocsnance under an F.PA asaistance primary covae�ttansactiom(r.,g., programs.On October 2Q 1987,many program.For exampie,a eoaviction of aasistance retipienta)md aae for lower- agencies joined in propoaing a common civil jnd�e�t foc falsely certifiying tier covered�anaactiana(e..s... rule to implemeat the guidelines.l'6e hazardous aasie dispoaal manifesb �a��h,subcaatractort,eupptiexs�. Eavironmental Protection Agenry(�A) could rerult in debnrmmt uader The lowes-tier ce�ti8cation is an alao pubiished`;��evposed rule at thtt }32305(al(3�.The aaaut�odud abhreviated version oE tha prlma •4*s time,but aot as part of t�e commoa rule disposal of haurdaas wastta,such as a��poa (52 FR 381L.:).SincE then.OI�has through'�idnight�m�ia�g",wuld Because EPA L most vulnerabie to amendrd the guidelines and deteemined resuli in debarment nnder�32306(a�s) �ate,frand or ahuae at the lo�rer-tiet that all ngeacies wrW join the common or(d].Faileue to cam.ply witb level,F.FAis expandins t�e certificatina rule in order to�nsure greater enviro;imentnl re�uirameats : for lo�rer-tie:participaata by reqniring uniformity.Comments on EPA'• incorporated into a pubiic con�act caald �e����y to much of the ume proposed nile were cansidered in t�ult in deharmeat under�32305(bj. �{ormation provided in the cattification preparing a final commaa rule and ue 'Ibe common nile requiree a henring �ubmitt,ed by primary articipants. addrased in t�e cammon preambk. only where thera s�daU a genuine Acaord�sgl7�Pa��P�t3)� F�A is adopting sereral additloos to �Pute u to facti material to a �U����,�j ro������� the common rule.Un�er the commoa P�Po+��b��nt or�vapeaiioa.�A added to tfie lorve�tier crrtificadacs nile.agencae�have the option tn tasert t�adding language co;4 -'�3 and focm. edditioaal agency-specific exampld to 42Z permitting a re��oadeat to the deP.nitions.'Ibe definitloas of r�equest a heariag regardless of whethu �����M��� �•debarring o�cial"and"wspmding there are"material facts"in disPau- Admiaistrativt practioe and official"aader the common rule ate '�nflecb F.PA'i poliry and curreat p��,���p p�m� being amended by adding practice of affording all respoadeats the mviroamental proteation.Techeicai aubparag:'aPhi(S)(3)and(tx3)to aame procedural optians far the assistanca. g�105 to designate the Diiector, n+�lutioa of pertineat issues.A tequeat w k T�� Graats Administtabon Divisioa,ai the for hearing upoa wapensioa bowever.is A���� atill sub ec!to d,emal uader Ageacy'�debarring and�usP�6 � I?ated:I�ta��L�9e� officiaL 3n addittoa F�A ls amending �32.412(b)(1)(ii��v�ere peading or the definitlon of"Prinapal"at contemplated legal proceedings would Title 40 ot t�e Code of Federal f 1o5(p)by adding bid and �p�ju��- Regulations b ameaded a�aet focth proposal estimaton and preparer�ai an �o,the wmmon rule malcta ao belm�r. agenry-epecific example. provisioa for post�eterminstioa review i.Art 32 is reti�ed to e�u�et Seciioas 110(a)(2)f iv)and af debarmeat or snspeasion decisioas. fo�at tt,a-esd oE I�ia do�w��- �!c)(5)af the fiaal commoa nile �A is optina to ersain ib waent post- P� exempt hanuctions purneaat to determinatiaa t�ev{ewr procedures by ������M� natianal or agenry-�ir.ed adding 4�12.330 and 32425,�v�ich ��� emergeades or disaatere h�om the effect a�'t a party to reqaest ttve debartiag/ oE a tuspension or debarmmt Tht� ,,�o��� ��ndl��� �4�t�—�� exemption daes aot apply to ��of f.act er law.P.PA is also ad�ts� � �ansactioas under any pcagrams cazried �tioo pbrpo.s. out by F.PA Accordiagly. 3 f 32335 and 3Z.43A.wbirrb permit st1a6 De9edeSoe�. f 3z1�o(axzniv)(A)and�3t2oo(cHsN7 �tscratioeary review of debummt aod sz��o co��. ara added to clarify these exemptjous. B��A i��0�'ice ot A��a�� �tns Paiie�- ln apecial caies.FpA L aat�oti:ed to �rrittaa appeal Sled aithin 90 caLmodar ��t/--ElMot of AsMa� petmit�deban'ed surpeaded oe day�of r,ecafpt af t�e debarrtns ac sssoo D�b�s�t a�r�pe�ls voluntarily exclnded person to :napendin�offidal'�determfnatiao.W� �� �D�� participate in a partiailar cavered � szsto Yairlaq a�iioa. 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I IW ' j I � � BrAi BAr ,,� �> ���� �� � � �� � ROOF�`ON�Y I I� 2� 3 i� 59.4 �/ I �/ ——— \� � � _ , � 83 a8 16 E ---� r� v I , �f �, ,� �._ i �� N� `D �-'` � �j�RAVEL AREA) � �i rn i G L' o o i \ __�/ � i W�� � �j� V� o�, �,,a I � AREA wITHRJ AN AGREEMENT � JI4 j v�i � JY; j ,t ��� _ NJITH THE MiS�OURI STATE HIGHWAY �, Y i �� wl ; ��'.:t� DEPARiMENT, SEE BOOK 224, AT I �n; z h Q' s� ���-U$�� PAGE 25, A�dD i�J BOOK 250, AT Q, �1 I � U ' �.,� z w� m; ��I PAGE 262. I 2 � � J�� � �YI U � Q J � r� ! ro� W Q� I Z O � ()i 3� � �� � �i � �STA. 117+70 ' I �j ��0 121' RIGHT �____._,__ ,_ AREA IN OR�GINAI �fo-_,� AREA IN t j �; � , F"FN�c-- AREA IN NEW �� � � - �i. e/.�sr �er.se�,Ewr + � �,� B Y_� AREA IN NEW f � Q--z-/-,� ,���l�1 '• Exisr�� " "�s��Q�o�.,,��� AREA REMA�NiNG IN THE OR I ^� 83� F��y, 'J ��� ---- CNqrN uNK FENC� �•e•-.ti�- AREA IN Tf � � 46 7'3" w /s ��-�—__� —./� STA. 116+78.34� �' � __�--- -- ---- 73 12' RiGHr --_ _____-- K ---_L RECOr WI J � STA. 110+81 3p ---- K —�_-- ATL! a . Q \t 19J9' RIGHT �- --- _-- r - � AS RE( � o,� - --� REGOf � . � �o RE�AOiE PO�NT Oh BEGiNNING; � ��� � THE NORiHEA51 CORNER 0� EXIjTIN _ e o ouT�oT a� o� u s.a. suRVEr � METq� BUi ?. N0. 2�99, W tuwNsr+iP jo LDING .� NORTH, R4NC;E 13 EASf 0� � THE FiFTH PRiNC�PAL MER�DIAN. � \ , lNOT rp SC4LE . � / N 83'2.3'�3' W�� � � ;,. . I 558.50—�� �..,. , , ' ' Attacfiment F � Cape Girardeau ,CSO Characteriza'tion ' Study e � oMer+c. 999g_ �pp1 �� � iHTcRaGcyCr aEa;;;,T tiC �56;•;,CC•C'� M6c tiV6C UTILIZATION UNDc� Fc���AL CzRANTS, COOP��„i fVc � AGr�c�MENTS, AND GTHEn FcD�r�- AL FiNANCIAL ASSISTANC� PaFT �. (NEGaTiVE RE�ORTS MaY BE RE�UIRE�) i� �_�° ^� =�5�.:,, r=;� I iE a�'Oa-iNG Ou�aT�� iCnec• acoroo��a�e oo■� 1 7 �; i s �C_: ^vc: i. L,� 2^0 �.a�� .►na:.i. C 7ro iAc�.•Jur.�. L; �i• i.�• 5�� , • '=--„- s�r:%.r �, _ ;,��:�'_r.�c ,:,GcN�, I " Fc�C�7itvu �c�;?!=N' IName a�C %.C-rezs� i;.e�an-e-:�;e�c,. �,,�oa�.:c-.���s;e•�nc 0��-c �cc�e<<. ' , I — I �.. A��`^,:�'Ilv� �.�\'.:`.- I ?nQNc. I 3a Q�?G''+'INCi C.."'iNT.:C.� Pti'i ' I �•' �.. F�N...�: _ _��5',.NCc ���+_='u_^� ;C NUMc�; I a _ 6. 'r_�c:=�:.� �fN.aNC1a.L .a5S�5'�NC= PaCu�%•.: ♦C. TY?? V' �C�.^i�'�:�.� nS�iS�..N�_ �.G�C�MGN i r G�'�`�- a COO�E���IVE �u�c=M:N' � O7iiG� F_��aAL FINSNC.�� ASSIS�iN�;, . SA. ?:�I�)� Wn�N P:,Q`,'„R�rn�NT Ut.(7C� TMIS AWAnO 'Nil: �� cC..' Q�_ I cV^ QaTc Sc. aMOun�T OF TG7,:,� P���E�T SC. M"c�;?�ENT'j MBEWoc u0A�5 (Pe�cern o� c �a� O�ocuremem ea�ars ISa �o� ea-�� OO���c ��_aNNE� �Va , �AC��::R�?.1�NT 71-�i$ FIS�.:.l Y�:.q � S M8E .. w8E •, 50 �9,v.o° ?aCC;;a_+nEN' .�C:.�MP��SHE� Tt,iS Gu�.�TcA I Sc. rvEGaTivE aE?OaT �C�ec�.t ►.�8: 5 I W9E 5 � Sc: iNSTaUCT�ONS 6. C:rM�.+c^.TS. : Na,,,E OF a�7�GaIZ°D a"e�aES"eNTa i(VE TiTI'e �^� -- . S�GNaTUQc CF AUTr+Qqi��p aE�REScNT:.'ivE OA7� ' ( — ^9t •�or��...a��on�.�....�• �..�a..'t�w�.e��.u..�.�.....�...�:�.:��.. .. gT�.0��0 lp�r�— 3�� • �LO r0�iOC���l�.O�uCTiOr. •.•....�.... G��.��..f•.i p� �p��i-.:t . , /'� . INSTnUCTIONS M6c �15� UT(LIZATION UNDCr� F�DER:.L GnANTS, COOP��ATNE AGRE�MENTS, ayo oTH�� FcDEr"?- AL FINANCtAL ASSIS�ANCE A. Gane!al Ir,scruc:iens: A weman busjness encerprrse (W�_i is 3 5u5��255 �.�-= :��_ u���j�-::-n +s base: on �:e�u,��e C�^ers ��n�em that is. (t) at Ieas; 5t perc=nt owne= �y '-- ' ` ' " one or more women. or. �n tne czse e! a c::o��c:y ; �o��. ;�'�., a�c 'Z-�2 ar,c Cr�6 �.rc�(ar A-102. oW�e� bus�ness. at ieast �i percerc of ;ne s�ccx �s S;ar.car� �„ ^ X�C must 5e com�le�ea Gy rec:p�encs �� Cwne� by O�e or more women; anQ. (2) Mchp52 Cai�y c} recerai Cr3f1�s. _co�erae��e acree�e�:s, or ocner _ ^ `JUSIf1@S� 0�2.'c:1C^5 n'? f'af'352Q a^•:+ ..�?C:2C .^.}' Fecerai f�narc:a� ass�s,ance �aiued at 5��:��cr rr+:r 3r;,+ Wn�r^! �nvClv� (OC' fPTPf�I_—'1�Gt_(`1 -ro Of12 Of mO�e �f ;h2 Wamen owners. e � ., o �.�_s. e�::i�C�eT�I��C^.,rS:�uC:iCn or serv�ces to acc�mp��sn Bu5�n255 f�rms wt,�c� are St percent owneC �y m�- Feaerat asscs�ance pro�rams. nor�c�es or women. but are in tac; manaSeC an� �ec:��en,s are recu�red co �eoon to asency award ooerate0 by non-m�norrty indrviduals Co noc Cuai,�y for meec,ng MEc•w�� procurement goals. Cr�C�a15 r+�ttl�n pre mo�tn toilow�n�y tt'e end Ot eaCh reaeral f�sc3t year cc:ar.er (i.e. January 31. ,4arii 30. . The toilow�ng atfirtnative steps for util�zing M8=5 and Juiy 3t anc Cc:o�er 3t) Curin� wn�c� aRy procure- Wc_s are sugges;ee: ment �n e:cess of 510..CC0 �s ac:uaily e:ecuted un• 1, Incfusion o� t�15=s WS�s on so1�c::ac�on , cer ;r�s ass:s:ance agreement. I,s,s. B. D�eflnl;ions: 2. assure ME_s Wc�s are sclic:teC orce :.^.ey �"� are idenufiec. Procuremer.r is tne acC��si;ion through order. � purc:'+ase. Iease or barter of suCp��es, equipment. 3. Where teasible. divide to:al reGu��emer,ts consuuc:�cn or serv�ces needed to accompl�s`� FeC- into smaller tasks to perm�t maumum eral assis;ance prcgrams. M8E�W6c par,�c:patien. A mrno�ry business enter�rrse (M9E) is a business 4. Where teasb�e. es:ablish �eli�e.ry scned- c�ncern that is (l) at Isas; 51 psrcent owned by one ufes which wiil enc�urage MBc'�lYSc par- or m;,re m�ncr�ty ind�v�duais. or. in the case o( a tic:pac,on. public;y owned business. at least 51 percent ot the . 5. Encouraqe use ot tne sarvices of the U.S. stocfc is oWned by one or more minonry individuais: �Gar,ment of Cammerce's Minor,ry 6usi- and (21 wnose Caily bvs�ness operat�ons are man- ness Deve�opment Agency (M3DA) and tne . aceC and C+raceC Dy Cne or more of ;l�e m,norrry U.S. Small Bus+ness AGm�nis;ration to iCen- owr,ers. tity MBEs'WBEs. There is no san�ard detinition of mrnoRry indrvrduals 6, Require triat eac:� par,y to a subgranc. sub- used by alt FeCeral financ�al assistance agencies. ag��ment, or concrac: awarC take tne However, rec:0�enu shalt presume thai m�nority in- g�{;�atrve steps outi�ned here. d�v�duals �ncfuCe Black Amer�cans. Hispanic Ameri- cans. Nac�ve Amencans, �lsjan Pacitic Americans, or C. �nswctlons for Part I: ocner qroups wt�ose members are taund to be dis- � ancaged by trse Sm.a►I Business Act or by the 1. Complete Federal fiscal year and check ap- ..aeary of �mmerce under sec;�on 5 of Ezecu- piicable reGor,mg Cuarter. (FeCeral t�scai t��e Oro�• � t525. The reportmq ccntac; at your year runs trom Oc;oDer t t�rcugn Seccem- Feaef= ass�s:ance aqe�cy can prov�de ad- ber 30.) d�ttor .,o��tr:i. 2. Identity the Fe�eral (inanc.al ass�s;ancs de- partment or agency inciud�nq tne bureau. �� ' 7..... � Iv nw....Q �w.w.aa iv ,i.. Ew...a.......�« ••.,�c,.aw . �ry o•��. oflice or other subaCcw wh�c:� aom�ncster �E��. 4.e�a,,,��s a� (�. �.�..�cr� .o..�.�e. T...� ..00�� wo« .w .���u��e• yICU� tinaneial aSSIS'i2C1CP agreement. �y...-�...��..Q..ov�o���.r au e�ir •�..a � � �� - � /1 . .,. I�en;�fy ;re a�ency. s;ace. aut'10��ty, un���er• G a�C.t�c�a� C����:s o� ero�ara�,,ns. s�cv or ocner organ�zai�o� Wn�cn �s tne �e• Ptease �e+er tc a�e_:I�_ ��er- nurn�rts, �' C:^,�e�c cf Ine reae�al f�nanc;ai bsscscan�e aoprocrtia�e. anc tne rerson ro c�ntac; c�nce���nc tn�s ;. Name and t�Ue of off�c:al dCTtfliS;ra!e� o� recar,. Ces,qnated reporting ot!�c:al. »a. Ass�stance acreer*+e�t numcer ass+g�ed by� a. S,9nature anC month. Cay. year re�c^ su0- Fecerai `��an_,ai ass�s:ance acency. m�nea. � tC. Ic aC�'��'�ate. ice•^.tiiy ]ceC:f;C Ce�drTent er a�enc•/ �eaerai hnanc�ai ass.scance pro• 0. Insuuc:lons for Part Il: �rar unGe� wn�cn ;h�s pro�e=: is awarCec. For eac^ M6=WBc prccuremer; over S�0.�0� :c. C''eck type ct Feceral ass�scance. maCe un0er th�5 ass�s;ance aC�eeme�c Cunne tne • re;.or,my �ua•^.'•. Grovice ;^e icll.w�n: ,nt�rm2tt�n. �Z. FBnOd CunnC� wh�C^ C�ntrdCtS anC Ctne! (�ec:p�encs may alsa reocr, or �nC�v�cual M3=',N�= pwcnases uncer tn�s awarc w�ll ac:ually be procuremen�s of Iess tran SZO.00O �t tney wanc ezec::te�. these Cred�ted toward the�r MBE v:8'c goa�s. how- Sb. Inc:uces procu�ement us�ng Federal funCs aver. repornng on smaller procurements is �ot re- plus �ec:o�ent maccn�ng funCs and tunds qu«ed.) trom otner saurces. 1, Check whethe� th�s is a fr�s: ner procu�e- Sc. Por,ion of toca� proc;:,rement Collar5 rea0�- ment made Oirec:ly by FeCerai f�anc:al ent plans to spe�d w�th M6�5 or W6cs assis;ance rec.p�ent o� otnar sec:.Rd tre� th�s fiscai year. W�cn the concur*ence et tne procurement made by recosent's su.^.Sr3n• Feoerai f�nanc:al ass�s;ance agency. a tair tee or prime convac:or. Inc:ude a�� cuaiify• , snare gcal s7at! be Ceterm�ned by eacn ing sacond Uer purcnases exec:nea tn�s � rsc:p�ent. qvarcer reydraleSS Ot wnen thE t�r5t t�er procurement occuned- 5d. Dc<<ar amount oi aU M6E'•v6c concrac:s . awarCeC under th�s assis:ance agreament 2. Checic ME� or W9c. th�s quar,er. 3. Dotlar vaf�e of proc.�rement. Se. C,eck only if one or more procuremencs in 4, Date ot award. s'+own as month. day. year. excess oE St0.000 were ezecutsd th�s re- por,;ng quarter �uc no M6�'r`/6� O�ocure- . 5. Using codes at tne bottom of t7e fcrm, ments occ�rred. S�gn and date form and idenuly rype ot proCuc; or sarv�ce ac�u�red recurn it to Federal financial assis:ance � through triis procurement (eg.. enter t i{ agency. agr�cuiture. 2 ii m�n�ng, etc.). 6. Name and address of M5=•WBc t�rm- � . . ' . l . , J � G � /�� O � F . o v c � W o - F- U C u � � � � Q � C� � s Z �, , _ � � : C = ' v � r+ U W C Z � , I Z I C � = v 4' � � � � t!, ` 1' C � ' L:J ° :J O v � '> � p ` > J � ' �: : � . � U U � - � ` ' � C � i - L C G Q � �? �c : c ' O � . O �^ �, � I 69 } � ` _ � . o ; � � rC2 W � — I - W . ` � I I I = _ U ^ I I I � F � > x � I . I , � � _ . � 1 � = I I I I = 2 = L : � O I "'� 1 �, 3 � C r- = c � �"!3 � u _ =� - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - '�, c > - �- C� — _ � -- w o w ,� i . � � � � ° C 4' O �I'J � . � a L � � � � � � � � � � � � � � � � � � � � � � � � � � � � �� � � � � � � � t - s ��.. � C �I� � _ � ` Sc C ` I` I I > < � ' �. C I � _ � �• � —