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BF - 00J24101 - 3 Page 1 GRANT NUMBER (FAIN): 00J24101 MODIFICATION NUMBER: 3 DATE OF AWARD PROGRAM CODE: BF 09/19/2014 U.S. ENVIRONMENTAL PROTECTION AGENCY TYPE OF ACTION No Cost Amendment MAILING DATE 09/19/2014 Assistance Amendment PAYMENT METHOD: ACH# X0627 RECIPIENT TYPE: Municipal Send Payment Request to: Las Vegas Finance Center FAX # [PHONE REDACTED] RECIPIENT: PAYEE: City of Moscow P.O. Box 9203 Moscow, ID 83843 EIN: 82-6000227 City of Moscow P.O. Box 9203 Moscow, ID 83843 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Alisa Anderson P.O. Box 9203 Moscow, ID 83843 E-Mail: [EMAIL REDACTED] Phone: [PHONE REDACTED] Terri Griffith 1200 Sixth Avenue, Suite 900, ECL-112 Seattle, WA 98101 E-Mail: [EMAIL REDACTED] Phone: [PHONE REDACTED] Tony Fournier 1200 Sixth Avenue, Suite 900, OMP-173 Seattle, WA 98101 E-Mail: [EMAIL REDACTED] Phone: [PHONE REDACTED] PROJECT TITLE AND EXPLANATION OF CHANGES City of Moscow Brownfields Assessment This amendment extends the project/budget period to September 30, 2015; changes the Recipient Project Manager to Alisa Anderson; and revises and/or updates administrative conditions 19 and 20. The EPA funding amount remains the same. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 09/12/2010 - 09/30/2015 09/12/2010 - 09/30/2015 $475,000.00 $475,000.00 NOTICE OF AWARD Based on your Application dated 06/17/2010 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $475,000. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award/amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS EPA Region 10 Mail Code: OMP-173 1200 Sixth Avenue, Suite 900 Seattle, WA 98101 U.S. EPA, Region 10 Office of Environmental Cleanup 1200 Sixth Avenue, Suite 900, ECL-112 Seattle, WA 98101 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature applied by EPA Award Official Tony R. Fournier - EPA Grant and IA Specialist DATE 09/19/2014 ---PAGE BREAK--- EPA Funding Information BF - 00J24101 - 3 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 475,000 $ $ 475,000 EPA In-Kind Amount $ 0 $ $ 0 Unexpended Prior Year Balance $ 0 $ $ 0 Other Federal Funds $ 0 $ $ 0 Recipient Contribution $ 0 $ $ 0 State Contribution $ 0 $ $ 0 Local Contribution $ 0 $ $ 0 Other Contribution $ 0 $ $ 0 Allowable Project Cost $ 475,000 $ 0 $ 475,000 Assistance Program (CFDA) Statutory Authority Statutory Authority Statutory Authority Statutory Authority Regulatory Authority Regulatory Authority Regulatory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup Cooperative Agreements CERCLA: Sec. 101(39) 40 CFR PART 31 Fiscal Site Name Req No FY Approp. Code Budget Organization PRC Object Class Site/Project Cost Organization Obligation / Deobligation ---PAGE BREAK--- (PageBreak) BF - 00J24101 - 3 Page 3 Budget Summary Page Table A - Object Class Category (Non-construction) Total Approved Allowable Budget Period Cost 1. Personnel $0 2. Fringe Benefits $0 3. Travel $4,500 4. Equipment $0 5. Supplies $2,000 6. Contractual $468,500 7. Construction $0 8. Other $0 9. Total Direct Charges $475,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 $475,000 12. Total Approved Assistance Amount $475,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $0 15. Total EPA Amount Awarded To Date $475,000 ---PAGE BREAK--- (PageBreak) BF - 00J24101 - 3 Page 4 Administrative Conditions Conditions 19 and 20 are revised and/or updated: 19. Disadvantaged Business Enterprise Requirements General Compliance, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements, contained in 40 CFR, Part 33. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that sub-recipients, loan recipients, and prime contractors also comply. ( http://www.epa.gov/osbp/dbe_efforts.htm). Records documenting compliance with the six good faith efforts shall be retained. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES MBE/WBE REPORTING, 40 CFR, Part 33, Subpart E In accordance with the deviation from 40 CFR §33.502, signed November 8, 2013, DBE reporting is limited to annual reports and only required for assistance agreements where one or more the following conditions is met: there are any funds budgeted in the contractual/services, equipment or construction lines of the award; $3,000 or more is included for supplies; or there are funds budgeted for subawards or loans in which the expected budget(s) meet the conditions as described in items and When completing the form, recipients should disregard the quarterly and semi-annual boxes in the reporting period section 1B of the form. For annual submissions, the reports are due by October 30th of each year or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on planned procurements. Recipients with funds budgeted for non-supply procurement and/or $3,000 or more in supplies are required to report annually whether the planned procurements take place during the reporting period or not. If no procurements take place during the reporting period, the recipient should check the box in section 5B when completing the form. MBE/WBE reports should be sent to the DBE Coordinator in your region. Contact information can be found at http://www.epa.gov/osbp/contactpage.htm. The coordinators can also answer any questions you may have. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. To be in compliance with regulations, you must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals. The current EPA Form 5700-52A can be found at the EPA Office of Small Business Program’s Home Page at http://www.epa.gov/osbp/dbe_reporting.htm. This provision represents an approved deviation from the MBE/WBE reporting requirements as described in 40 CFR, Part 33, Section 33.502; however, the other requirements outlined in 40 CFR Part 33 remain in effect, including the Fair Share Objectives negotiation as described in 40 CFR Part 33 Subpart D. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 The recipient agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. BIDDERS LIST, 40 CFR, Section 33.501(b) and Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create ---PAGE BREAK--- and maintain a bidders list. Recipients of an EPA financial assistance agreement to capitalize a revolving loan fund also agree to require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 and for specific requirements and exemptions. 1. For Grant Awards of $250,000 or Less FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D If the assistance agreement award amount is $250,000 or less; or the total dollar amount of all of the recipient’s financial assistance agreements from EPA in the current Federal fiscal year is $250,000 or less, the recipient of this assistance agreement is exempt from the fair share objective requirements of 40 CFR, Part 33, Subpart D, and is not required to negotiate a fair share objective/goal for the utilization of MBE/WBEs in its procurements. 2. For Grant Awards of More Than $250,000 Current Fair Share Objective/Goal If the dollar amount of this assistance agreement, or the total dollar amount of all of the recipient’s financial assistance agreements in the current federal fiscal year from EPA is more than $250,000, the recipient is required to negotiate MBE/WBE fair share objectives/goals with EPA. By accepting this agreement, the recipient is agreeing to accept their residential sate’s fair share goals and attesting that it is purchasing the same or similar construction, supplies, services and equipment in the same or similar relevant geographic buying market as the entity whose goals are being adopted. Current regional and state negotiated goals can be found at http://www.epa.gov/osbp/dbe_fair.htm. If the recipient elects to negotiate its own fair share objectives/goals, please contact your regional MBE/WBE Coordinator within 30 days of the start of the agreement for further instructions. 3. For and BROWNFIELDS RLF Recipients Only Objective/Goals of Loan Recipients As a recipient of an EPA financial assistance agreement to capitalize revolving loan funds, the recipient agrees to either apply its own fair share objectives negotiated with EPA to identified loans using a substantially similar relevant geographic market, or negotiate separate fair share objectives with its identified loan recipients. These separate objectives/goals must be based on demonstrable evidence of the availability of MBEs and WBEs in accordance with 40 CFR, Part 33, Subpart D. The recipient agrees that if procurements will occur over more than one year, the recipient may choose to apply the fair share objective in place either for the year in which the identified loan is awarded or for the year in which the procurement action occurs. The recipient must specify this choice in the financial assistance agreement, or incorporate it by reference therein. R10 DBE Coordinator Greg Luchey at (206) 553-2967; Email: [EMAIL REDACTED]. Reports should be sent to the EPA Region 10, Grants Administration Unit, 1200 Sixth Avenue, Suite 900, OMP-173, Seattle, WA 98101 or FAX to (206) 553-4957. 20. Payment to Consultants EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.36(j), as applicable, for additional information. ---PAGE BREAK--- As of January 1, 2014, the limit is $602.24 per day $75.28 per hour. NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select "Salary and Wages", and select "Rates of Pay for the Executive Schedule". The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. All Other Administrative Conditions Remain the Same Programmatic Conditions All Programmatic Conditions Remain the Same END OF DOCUMENT