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USDA Form RD 1940-1 (Rev. REQUEST FOR OBLIGATION OF FUNDS INSTRUCTIONS-TYPE IN CAPITALIZED ELITE TYPE IN SPACES MARKED ( Complete Items 1 through 29 and applicable Items 30 through 34- See FML 1. CASE NUMBER ST CO BORROWER ID 12-029-826000227 of Moscow 9203 ID 83843 19. TYPE OF ASSISTANCE (See FMI} 1 .INITtAL 2 .SU8SEO\JENl MO OA YR 7. TYPE APPLICANT 27. DATE OF APPROVAL LOAN NUMBER NAME FIELDS 8. COLLATERAL CODE 25. YEAR 9. EMPLOYEE RELATIONSHIP CODE 22. TYPE OF ACTION 4 -ASSUMPTION WiTH SUBSEQUENT LOAN If rhe dt•ns1on comamed above m 1hiJ farm resu/Js m de mal. reduuwn or cance/lalwn of USDA a.uutana. you may appeal this decuum and have a heanng or }'fm may reque.11 a rf>WW m /wu of a hearmg f'!tase me lhejorm we have mdudedfiir 1h1; p>irpase. Position 2 COPY 1 ·Finance Office ORIGINAL - Borrower's Case Folder COPY 2 - ApplicanULender COPY 3 · State Office 2007-47 ---PAGE BREAK--- EXHIBIT A To Form RD 1940-1 "Request for Obligation of Funds" A. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL: The grantee certifies that it is in compliance with and will continue to comply with all applicable laws; regulations; Executive Orders; and other generally applicable requirements, including those contained in 7 CFR Part 4284, Subpart G, and 7 CFR Parts 3015, 3016, 3017, 3018, 3019, and 3052 in effect on the date of grant approval; and the Letter of Conditions dated September 18, 2007. B. GRANT AGREEMENT BETWEEN RBS AND GRANTEE: This combined document is your grant agreement with Rural Business-Cooperative Service (RBS). It consists of Form RD 1940-1, "Request for Obligation of Funds," with the following items attached thereto and made a part thereof: I. Letter of Conditions. 2. Scope of Work. The Scope of Work (SOW) submitted to RBS for project selection has not been approved by RBS and must be amended to meet RBOG program requirements. Upon receipt of the final Scope of Work, RBS will issue written approval under separate cover. The final approved SOW will become a part of the Grant Agreement. ---PAGE BREAK--- USDA 1 Development United States Department of Agriculture Rural Development Nancy J. Chaney, Mayor City of Moscow P. O. Box 9203 206 E. Third Street Moscow, ID 83843 Idaho State Office September 18, 2007 RE: Rural Business Opportunity Grant (RBOG) CFDA: 10.773 Technical Assistance: Update of Economic Development Component of the City of Moscow's Comprehensive Plan. Dear Mayor Chaney: LETTER OF CONDITIONS Rural Business-Cooperative Service (RBS) hereby establishes conditions which must be understood and agreed to by you before further consideration may be given to your application. Any changes in project cost, sources of funds, scope of services, and/or any other significant changes in the project or applicant must be reported to and approved by RBS by written amendment to this letter. Any changes not approved by RBS shall be cause for discontinuing processing of the application. This letter is not to be considered as grant approval or as a representation as to the availability of funds. The docket may be completed on the basis of a grant not to exceed $50, 000. The grant will be considered approved on the date a signed copy of Form RD 1940-1, "Request for Obligation of Funds, " is mailed to you. Please complete and return the attached Form RD 1942-46, "Letter of Intent to Meet Conditions, " if you desire that further consideration be given your application. BY SIGNING FORM RD 1942- 46, "LETTER OF INTENT TO MEET CONDITIONS, " YOU ARE HEREBY AGREEING AND ACKNOWLEDGING THAT THIS RURAL BUSINESS OPPORTUNITY GRANT IS A NON-CONTINUING, NON-RENEWABLE GRANT AND ANY APPROVAL OF THIS GRANT IN NO WAY CONSTITUTES AN ASSURANCE THAT FUTURE GRANTS WILL BE AVAILABLE. 9173 W. Barnes, Suite A 1 • Boise. ID 83709 Phone: (208) 378-5623 ·Fax· (208) 378-5643 • TOO: (208) 378-5644 ·Web: http://wv-m.rurdev.usda.gov/id Committed to the future of rural communities "USDA is an equal opportunity provider, employer and lender." To file a complaint of discrimination write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, DC 20250-9410 or call (800)795-3272 (voice) or (202} 7206382 (TOO) ---PAGE BREAK--- If the conditions set forth in this letter, except those to be met at grant closing, are not met within 60 days from the date hereof, Rural Business-Cooperative Service reserves the right to discontinue the processing of the application. The term "Owner" and/or "Grantee" as used in this letter refers to the City of Moscow. The term "project" as used in this letter refers to the result of the use of grant funds e. , Update of Economic Development Component of the City of Moscow's Comprehensive Plan). 1. Grant Agreement The grant agreement between the Grantee and RBS will consist of Form RD 1940-1, "Request For Obligation of Funds, " and attached Exhibit A, with the following items attached thereto and made a part thereof: a. Letter of Conditions. b. Scope of Work. The Scope of Work (SOW) submitted to RBS for project selection has not been approved by RBS and must be amended to meet RBOG program requirements (see Item 2. Upon receipt of the final Scope of Work, RBS will issue written approval under separate cover. All modifications to the Scope of Work must be approved by RBS prior to seeking consulting services or entering into any contractual arrangements to complete RBOG Project Budget activities (Item 6. 2. Scope of Work An acceptable Scope of Work would include a description of the proposed project, details of the proposed activities to be accomplished and timeframes (with associated deliverables and payment schedule) for completion of each task, the number of months duration of the project, and the estimated time it will take from grant approval to beginning of project implementation. Please provide a revised Scope of Work for RBS approval. Upon receipt of the final Scope of Work, RBS will issue written approval under separate cover. The final Scope of Work, and/or all modifications to the Scope of Work, must be approved by RBS prior to seeking consulting services or entering into any contractual arrangements to complete RBOG Project Budget activities (Item 6. ) 2 ---PAGE BREAK--- 3. RBOG Project Evaluation Method Prior to initiation of the project, the Grantee is to submit an evaluation method to be used to determine if the objectives of the proposed activities are being accomplished. 4. Use of RBS Grant Funds The approved use of the RES Grant funds is as follows: Technical Assistance (Contractual): $50, 000 All funds will be disbursed by the Grantee for authorized purposes, as outlined in the approved Scope of Work. Any remaining RES funds not needed for the project will be returned as unused funds reducing the grant. 5. Contributions by the Grantee The Grantee is contributing $94, 000 to the Overall Program of Economic Development Activity e. , completion of Comprehensive Plan). 6. RBOG Project Budget Total RBOG Project Budget is as follows: Budget Item Contractual 7. Reporting Total: Purpose Task 7 Optional Task Direct and Travel RBS/RBOG $ 8, 990 $40, 000 $ 1, 010 $50,000 Forms SF-269, "Financial Status Report", and a Grantee Project Performance Activity Report will be required of all Grantees on a quarterly basis (due 15 working days after end of the quarter). For the purposes of the REOG grant, quarters end on March 31, June 30, September 30, and December 31. Financial Status Reports. Financial reports showing actual expenditures must be submitted. In lieu of completing the SF-269, 5Financial Status Report,u it is permissible for the Owner to attach to this form an ''in-house'' financial status report and submit this as the report. It is important that the SF-269 be signed, however, as there are certain certifications that the Owner is to make with each financial report submitted. The Owner is asked to provide financial reports that report use of RBOG funds and Grantee funds in a 3 ---PAGE BREAK--- similar format, categories, etc. , as presented in the initial budget. Grantee Project Performance Activity Report. The Grantee Project Performance Activity Report shall include, but not be limited to, the following: a. A comparison of actual accomplishments to the objectives established for that period. b. Reasons why established objectives were not met. c. Problems, delays, or adverse conditions which will affect attainment of overall project objectives, prevent meeting time schedules or objectives, or preclude the attainment of particular project work elements during established time periods. This disclosure shall be accompanied by a statement of the action taken or planned to resolve the situation; and d. Objectives and timetable established for the next reporting period. • Final Report A final project performance report will be required with the final Financial Status Report. The final report must provide the Grantee's assessment and evaluation of the success of the project. • Comprehensive Plan The Agency will require a copy of the completed final Comprehensive Plan to be submitted to RBS prior to reimbursement. • Other Report The Agency will require the Grantee to prepare a report suitable for public distribution describing the accomplishments made through the use of the grant and, in the case where the grant funded the development or application of a ''best practice, • to describe that "best practice n . 8. Procurement Method Agency procurement requirements are that all procurement transactions shall be conducted in a manner that provides maximum free and open competition. The Grantee must demonstrate that the Procurement Standards contained within 7CFR Part 3019 and RD Instruction 1942-A, 1942. 18 have been met (see attached "Procurement Standards" handout). To evidence consistency with RBS procurement and contracting requirements, please submit the following prior to execution 4 ---PAGE BREAK--- of the contract to complete RBOG Project Budget activities (Item 6) : a. A narrative description of the procurement method that the City will use to procure consultant services. b. A copy of the contract with Kendig Keast Collaborative. c. A written owner recommendation for the selected consultant. d. A copy of the proposed contract/amendment to existing contract that details services to be provided and payment schedule by the selected consultant. Proposed contract to complete RBOG Project Budget activities should not be executed by the grantee prior to receipt of RES concurrence. 9. Fund Disbursement The financial management system of the recipient organization shall provide for effective control and accountability of all funds, property, and other assets. I. Contractual RBOG funds are disbursed on a "reimbursement basis". As it pertains to this particular project, this means that we must have a "product" to purchase for which funds are being requested. Options for reimbursement: A. Single payment option. At the conclusion of the RBOG Project Budget activities (Item Grantee will request reimbursement for the grant amount. B. Multiple payment option. The Scope of Work/Contract with each consultant must identify clear tasks/goals/accomplishments and corresponding payment schedules for each task. Each task must result in a project deliverable g. , project report). RBS can consider a payment of RBOG funds upon completion of each task and the submission of the report to RBS, along with evidence of Owner's acceptance of the report. Final disbursement may not be made prior to RBS receipt of a final report along with evidence of the Owner's acceptance of the report. 5 ---PAGE BREAK--- II. Request for Fund Reimbursement Grantee shall provide the following with request for reimbursement: a. Contractual . i. copy of project report. ii. copy of invoice. iii. evidence that the Owner has accepted the report. b. As needed, but not more frequently than once every 30 days, an original and one copy of Standard Form (SF) 270, "Request for Advance or Reimbursement, " may be submitted to RBS. The Grantee's request for reimbursement shall not be made in excess of expenditures for the month of the request. Funds will be advanced to Owner via Electronic Funds Transfer. SF-3881, uElectronic Funds Transfer Payment Enrollment Form, " should be completed by the Owner and submitted to the Agency prior to the initial request for funds (please Complete the "Payee" and uFinancial Institution" portion of the form). 10. Audit Requirements The Grantee will provide an audit report in accordance with RD Instruction 4284 G, 4284. 657. The audit requirements apply only in the year in which grant funds are received and the year in which work is accomplished that will be paid for with grant funds. Audits must be prepared in accordance with generally accepted government auditing standards (GAGAS) using publication, "Audit Program. " Note: audit reports prepared in accordance with OMB Circular A-133, uAudits of States, Local Governments, and Non-Profit Organizations," will comply with this provision. 11. Drug-Free Workplace Act of 1988 (P.L. 100-690) The Grantee must execute Form AD-1049, "Certification Regarding Drug-Free Workplace Requirements (Grants)". 12. Debarment, Suspension, and Other Responsibility Matters Executive Order 12549 requires the following certifications: a. Form AD-1047, "Certification Regarding Suspension, and Other Responsibility Matters - Primary Covered Transactions. " The Grantee must execute this form to certify it is not debarred or suspended from government assistance. 6 ---PAGE BREAK--- b. Form AD-1048, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions. " This form is to be used by the Grantee to obtain a certification from any person or entity with which it contracts in an amount equal to and exceeding $25,000 as a result of this government assistance. 13. Start of Project The Grantee is cautioned that expenditures should not be undertaken for which reimbursement is anticipated under this grant application until notified in writing that the grant has been approved and funds reserved. 14. Programmatic Changes The Grantee shall obtain prior approval for any change to the scope or objectives of the approved project. Failure to obtain prior approval of changes to the scope can result in suspension/termination of grant funds. 15. Rural Area Certification Proposed project, i. e. , Update of Economic Development Component of the City of Moscow's Comprehensive Plan, will benefit rural areas. Included is a form of "Rural Area Certification" to be used. 16. Equal Opportunity Compliance with Executive Order 11246 is required. The Grantee shall complete and adopt Form RD 400-1, "Equal Opportunity Agreement". 17. Civil Rights Compliance Requirements The Grantee must comply with the following as recipients of Federal assistance: a. Title VI of the Civil Rights Act of 1964. This Act states that no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving Federal financial assistance. (7 CFR, Part 15) 7 ---PAGE BREAK--- b. Section 504 of The Rehabilitation Act of 1973 as amended (29 U. S.C. 794) and 7 CFR 15. No qualified individual with a disability solely by reason of their disability may be excluded from using or participating in the benefits of any facility receiving USDA RBS assistance. As the recipient of USDA RBS financial assistance, the recipient must comply with section 504 of the Rehabilitation Act of 1973. Accessibility compliance for programs and activities are required by the Intermediary and ultimate recipient. c. Other Equal Opportunity and Nondiscrimination Requirements. The recipient must comply, as applicable to the service or program provided, with all Federal Civil Rights laws and requirements. These include but are not limited to the following: • Age Discrimination Act of 1975: Prohibits discrimination based upon age. • Title IX of the Education Amendments of 1972: Prohibits discrimination on the basis of sex in education programs and activities receiving Federal financial assistance. • Americans with Disabilities Act of 1990: Protects qualified individuals with disabilities from discrimination on the basis of disability in the services, programs, or activities that the provider administers, regardless of whether or not the provider is a recipient of Federal assistance. • Title VIII of the Civil Rights Act of 1968 as amended by the Fair Housing Amendments Act of 1988: Prohibits discrimination in any housing-related activity including long-term care, retirement homes, group homes, and nursing homes. • Equal Credit Opportunity Act (ECOA): Prohibits employees from discriminating against an applicant or borrower regarding any aspect of a credit transaction on the basis of: race, color, national origin, sex, religion, marital status, or age (as long as the person has the capacity to enter into a binding contract); if all or part of the applicant's income is derived from any public assistance program; or, if the applicant has, in good faith, exercised any right under the Consumer Credit Protection Act. d. Form RD 4 0 0-4, "Assurance Agreement. " The Grantee must sign and agree to the conditions contained in this agreement. In accordance with Form RD 400-4, the Grantee must keep such records and submit to the USDA accurate information so the USDA can ascertain 8 ---PAGE BREAK--- that the Grantee is in compliance with this agreement. Grantee must inform beneficiaries (customers, tenants, participants, or employees) and others of the requirements of this agreement and inform such persons of the protection assured them against discrimination. If beneficiaries are required to complete an application for use of a facility or service that the Grantee provides, the following data must be collected by race (American Indian or Alaska Native, Asian, Black or African American, Native Hawaiian or other Pacific Islander, and White), Ethnicity (Hispanic or Latino, Not Hispanic or Latino), and sex. This data must also be collected for Grantee Board of Directors (if applicable) e. Posters. The Grantee will post in an appropriate place the USDA posters, "And Justice for All" and "Equal Employment Opportunity is the Law. " 18. Compliance Reviews Each Grantee must keep and provide data on race, gender, national origin, and any such records, accounts, and other sources of information and facilities as may be pertinent for USDA RBS to determine whether the Grantee has complied or are complying with the regulations. Grantees should have available, for USDA RBS review, racial and ethnic data showing the extent to which members of minority groups are beneficiaries of Federal assistance program. It is the policy of USDA Rural Business-Cooperative Service (RBS) that: No person shall be discriminated against on the grounds of race, color, religion, sex, national origin, age, or disability in employment or in any program or activity conducted or assisted by RBS. This policy must be communicated to the public through all appropriate channels, in English and other languages when appropriate, and in mediums that reach persons with hearing and sight impairments, when necessary to ensure total understanding. USDA seeks the cooperation of the Grantee in obtaining compliance with the regulations and will provide assistance and guidance to Grantees to help them comply voluntarily with the regulations. 19. Nondiscrimination Statement Rural Development employees are also directed to ensure that recipients of Federal financial assistance use the following nondiscrimination statement on all printed materials, such as outreach materials, handouts, posters, etc. : 9 ---PAGE BREAK--- "In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability. (Not all prohibited bases apply to all programs. ) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington DC 20250-9410 or call [PHONE REDACTED] (voice) or 202- 720-6382 (TDD). USDA is an equal opportunity lender, provider and employer." If the printed material is too small to contain the full statement, it must, at a minimum, include the statement (in print size no smaller than the text), This institution is an equal opportunity provider. " If you have any questions concerning this letter, please contact Margaret Hair at (208) 762-4939, extension 117. Sincerely, DARYL G. MOSER Director, Business Programs Attachments (See below) cc: Margaret Hair, Business Program Specialist, Coeur d'Alene, ID 10 ---PAGE BREAK--- ENCLOSURES FOR LETTER OF CONDITIONS 2007 Rural Business Opportunity Grant City of Moscow + RD 1940-1, "Request for Obligation of Funds" + RD 1942-46, "Letter of Intent To Meet Conditions" + Scope of Work + SF 269, Financial Status Report'' + Procurement Standards + SF 270, "Request For Advance or Reimbursement" + SF-3881, "Electronic Funds Transfer Payment Enrollment Form" + Form AD-1049, "Certification Regarding Drug-Free Workplace Requirements (Grants) Alternative I - For Grantees Other Than Individuals" + Form AD-1047, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions'' + Form AD-1048, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions. " + Rural Area Certification + Form RD 400-1, "Equal Opportunity Agreement" + Form RD 400-4, "Assurance Agreement" + "And Justice for All" Poster + "Equal Employment Opportunity is the Law" Poster I I