2015/11/04 Council Agenda Packet

15 All contracts awarded by sponsor shall contain,when applicable,the anti-lobbying provisions as stipulated in the Appendix at 40 C.F.R.Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act,sponsor affirms that it is not a non-profit organization described in Section 501(c)(4)of the Internal Revenue Code of 1986;or that it is a non-profit organization described in Section 501(c)(4)of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. 1, Reimbursement Limitation.If the sponsor expends more than the amount of RCO funding in this Agreement in anticipation of receiving additional funds from the RCO,it does so at its own risk.RCO is not legally obligated to reimburse the sponsor for costs incurred in excess of the RCO approved budget. ). Disadvantaged Business Enterprise Requirements.Sponsor agrees to comply with the requirements of EPA's Utilization of Small, Minority and Women's Business Enterprises in procurements made under this award. K. Minority and Women's Business Participation.Sponsor agrees to solicit and recruit,to the maximum extent possible,certified minority owned(MBE)and women owned(WBE)businesses in purchases and contracts initiated after the effective date of this Agreement. These goals are expressed as a percentage of the total dollars available for the purchase orAgreement and are as follows: Purchased Goods 8%MBE 4%WBE Purchased Services 10%MBE 4%WBE Professional Services 10%MBE 4%WBE Meeting these goals is voluntary and no Agreement award or rejection shall be made based on achievement or non-achievement of the goals.Achievement of the goals is encouraged,however,and sponsor and ALL prospective bidders or persons submitting qualifications shall take the following affirmative steps in any procurement initiated after the effective date of this Agreement: 1.Include qualified minority and women's businesses on solicitation lists. 2.Assure that qualified minority and women's business are solicited whenever they are potential sources of services or supplies. 3.Divide the total requirements,when economically feasible,into smaller tasks or quantities,to permit maximum participation by qualified minority and women's businesses. 4.Establish delivery schedules,where work requirements permit,which will encourage participation of qualified minority and women's businesses. 5.Use the services and assistance of the State Office of Minority and Women's Business Enterprises(OMWBE)and the Office of Minority Business Enterprises of the U.S.Department of Commerce,as appropriate. L. MBE/WBE Reporting.In accordance with the deviation from 40 C.F.R.§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 are met: 1.There are any funds budgeted in the contractual/services,equipment or construction lines of the award; 2.$3,000 or more is included for supplies;or 3.There are funds budgeted for subawards or loans in which the expected budget(s)meet the conditions as 4.Described in items(a)and(b). When completing the form,recipients(sponsors)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(sponsors)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 the sponsor's region.Contact information can be found at http://wvrv✓.epa.gov/osbp/contactpage.htm.The coordinators can also answer any questions. Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends.To be in compliance with regulations,the sponsor must submit a final MBE/WBE report. Non-compliance may impact future competitive grant proposals.The current EPA From 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. M. SIX GOOD FAITH EFFORTS,40 C.F.R., Part 33,Subpart C.Pursuant to 40 C.F.R.§33.301,the sponsor agrees to make the following good faith efforts whenever procuring construction,equipment,services and supplies under an EPA financial assistance agreement,and to require that sub-recipients(sponsors),and prime contractors also comply.Records documenting compliance with the six good faith efforts shall be retained: 1.Ensure Disadvantaged Business Enterprise(DBEs)are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities.For Indian Tribal,State and Local and Government sponsors,this will include placing DBEs on solicitation lists and soliciting them whenever they are potential sources. 2.Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules,where the requirements permit,in a way that encourages and facilitates participation by DBEs in the competitive process.This includes,whenever possible,posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. 3.Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs.For Indian Tribal,State and local Government sponsors,this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. 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