HomeMy WebLinkAbout17010 1 RESOLUTION NO. 17,010
2
3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ACCEPT A
4 SUBRECIPIENT AGREEMENT AND GRANT FUNDS FROM
5 METROPLAN THROUGH THE ENVIRONMENTAL PROTECTION
6 AGENCY'S CLIMATE POLLUTION REDUCTION GRANT PROGRAM
7 FOR NATIVE RESTORATION PROJECTS AT THE LITTLE ROCK ZOO;
8 AND FOR OTHER PURPOSES.
9
10 WHEREAS, the City of Little Rock operates the Little Rock Zoo and is committed to
11 environmental stewardship,habitat restoration,and climate resilience through sustainable land management
12 practices; and,
13 WHEREAS, Metroplan has received funding through the Environmental Protection Agency's
14 Climate Pollution Reduction Grant(CPRG)program and is providing subrecipient funding to support local
15 climate mitigation and restoration initiatives;and,
16 WHEREAS, Metroplan has awarded the City of Little Rock a subrecipient grant in the total
17 amount of Three Hundred Six Thousand Six Hundred Seventy-One Dollars ($306,671.00) for native
18 landscape restoration projects at the Little Rock Zoo; and,
19 WHEREAS,the grant funding is authorized for Little Rock Zoo use through August 31,2029,and
20 may be used for planting, materials, supplies, equipment, site work labor, related contracts, and other
21 associated project costs; and,
22 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
23 CITY OF LITTLE ROCK,ARKANSAS:
24 Section 1.The City Manager is hereby authorized to accept and execute a subrecipient agreement
25 with Metroplan for the Environmental Protection Agency's Climate Pollution Reduction Grant(CPRG) in
26 the amount of Three Hundred Six Thousand Six Hundred Seventy-One Dollars ($306,671.00) for native
27 restoration projects at the Little Rock Zoo.
28 Section 2. The grant funds shall be deposited into Funding Source 270659 I G65P261 I M-CPRG
29 Zoo Land Restoration and shall be used for planting,materials,supplies,equipment,sitework labor,related
30 contracts,and other associated project costs necessary to complete the project.
1 Section 3. The City Manager and appropriate City officials are authorized to take all actions
2 necessary to carry out the intent of this resolution and to comply with the requirements of the grant
3 agreement.
4 Section 4.Funds received through this grant shall remain available for expenditure through August
5 31, 2029, in accordance with the terms and conditions of the agreement.
6 Section 5.This Resolution shall be in full force and effect from and after its adoption.
7 ADOPTED:April 7,2026
8 ATTEST: APPROVED:
9
10
11 Allison Segars,City Clerk Frank Scott,Jr.,Mayor
12 APPROVED AS TO FORM:
13
14 AA:WkLee 711 ,
15 Thomas M.Carpenter,City Atto ey
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EXHIBIT A
StBRECIPIENT AGREEMENT
Between
City of Little Rock Zoo(Zoo)
and
Metroplan
ENVIRONMENTAL PROTECTION AGENCY
CLIMATE POLLUTION REDUCTION GRANT
This Subrecipient Agreement ("Agreement") is entered into on this day of March 2026
between Metroplan(the"Pass-through Entity"or"Metroplan").and the City of Little Rock Zoo
Relative to
Implementation of Land Restoration Program as described in Attachment A:Scope
of Work/Deliverables attached hereto(hereafter referred to separately as a"Project-
and.collectively.as the"Projects").
Recitals
WHEREAS, Metroplan is the recipient of a United States Environmental
Protection Agency (EPA) award entitled the Climate Pollution Reduction Grant
(CPRG). which EPA provided for the planning and development of ambitious
climate action and air pollution reduction plans and to implement measures from
those plans.and for which the Subrecipient's match is 0°%0:and
WHEREAS,the projects to be implemented pursuant to the terms of this Agreement
were recommended and applied for by the Innovation Li-Region Coalition.which
is comprised of Metroplan.NWARPC.and the City of Fort Smith:and
WHEREAS,the Subrecipient has agreed to complete the Projects in accordance
with this Agreement:and
WHEREAS,the Subrecipient hereto accicpts the specific responsibilities listed in
this Agreement to ensure the funding and completion of the Project:and
WHEREAS, the Subrecipient has obtained all necessary approvals and
authorizations to execute. deliver and perform this Agreement and to implement
and complete the Projects:and
WHEREAS,Metroplan will serve as the Pass-through Entity(grant administrator)
for the federal dollars provided by CPRG funds and will report the progress and
budget narrative to the CPRG Project Office:and
WHEREAS,the Subrecipient has no knowledge of any legal impediments to the
completion of the Projects.
NOW, THEREFORE, in consideration of the covenants and conditions hereinafter set forth.
Metroplan and the Subrecipient agree as follows:
Subrecipient's Initials:
AGREEMENT
Section 1. General Information
Section 2. Federal Requirements
Section 3. Pass-through Entity Requirements
Section 4. Subrecipient Requirements
Section 5. Lead Agency and Project Manager Requirements
Section 6. Land Restoration
Section 7. Metroplan Responsibilities
Section 8. Zoo Responsibilities
SIGNATURES
ADDENDA
Attachment A. Scope of Work Deliverables
Attachment B. Approved Budget
Attachment C. Monitoring Plan
Attachment D. Flow Down Provisions
Attachment E. ACORN Memo
Attachment F. ACORN Declaration
Attachment G. Equal Employment Opportunity Certification Form
Attachment H. Certification Regarding Lobbying
Attachment I. Certification Regarding Debarment.Suspension.and Other Responsibility Matters
Attachment J. Lead Agency Form(LPA-005)
Attachment K. EPA Grant Agreement(02F75801)
Subrecipient's Initials:
Section 1. General Information(see§200.332)
1. INFORMATION REQUIRED BY THE UNIFORM GRANT GUIDANCE (UGG)
2 CFR§200.332:
a)Subrecipient Name(must match the name associated with its Unique Entity Identifier):
City of Little Rock Zoo
b)Subrecipieut's Unique Entity Identifier(formerly known as DUNS number):
City of Little Rock Zoo UEI:
c)Federal Award Identification Number(FAIN):
02F7580 1
d)EPAAward Date:
October 16.2024
e)Subaward Period of Performance Start and End Date:
Subaward period of performance shall begin on March .=02.6 and end on August
31.2029.
f)Total Amount of Federal Funds Obligated Under the Initial Subaward:
S306.671.00
g)Total Amount of Federal Funds Obligated to the Subrecipient:
S306.671.00
h)Name of Federal Awarding Agency and Contact Information:
U.S.EPA.Region 6.Grants Management Section
ATTN:Mandeep Singh.EPA Project Officer
1201 Elm Street.Suite 500.ARDPM
Dallas.TX 75270-2102
Telephone:(800)887-6063
Website:Imps: itww.epa.gov
Contact Information for Metroplan:
Metroplan,'Casey Covington
ATTN:Leesa Freasier
501 W Markham.Ste B
Little Rock.AR 72201-1409
Telephone:(501)372-3300
Website:https: metroplan.org
Subredpient's Initials:
Contact Information for the Subrecipient:
Little Rock Zoo
ATTN:Melissa Schock
Address: 1 Zoo Drive
Little Rock,AR 72205
Telephone:(501)661-7200
Email: mschock a littlerock.gov
i)Assistance Listings Number(formerly known as the CFDA#)and Title:
466.046—Climate Pollution Reduction Grants
See lnttps: sam.gov fal 6ccff3d735S3450baSSecef4bee21212 view
j)This subaward is a program grant and not for Research and Development.
a)Indirect Cost Rate:0°o of indirect cost will be claimed for this agreement.
Section 2.Federal Law and Compliance Requirements
COMPLIANCE WITH APPLICABLE LAWS: The Subrecipient shall perform all activities
funded by this Agreement in accordance with all applicable federal. state, and local laws.
including without limitation laws which regulate the use of funds allocated under EPA Region
6 Federal Award Identification Number(FAIN)02F75801.The term"federal.state.and local
laws"as used in this Agreement shall mean all applicable statutes.pules.regulations,executive
orders. directives. or other laws. including all laws as presently in effect and as may be
amended or otherwise altered during the Agreement Term.as well as all such laws which may
be enacted or otherwise become effective during the Agreement Term. The term"federal.state.
and local laws"shall include.without limitation:
a. Federal Requirements:
i. Authorizing Program Statute.This grant was created by Section 60114 of the
Inflation Reduction Act. Climate Pollution Reduction Grants. 42 U.S. Code
7437(or Public Law 117-169.title VI.Aug. 16.2022. 136 Stat. 2076).which
amended the Clean Air Act(CAA)by creating Section 137 for Greenhouse Gas
Air Pollution Plans and Implementation Grants:and
ii. EPA General Terms and Conditions.The current Environmental Protection
Agency (EPA) General Terms and Conditions available at:
imps: www.epa.gov system files documents 2024-
10 fir 2025 epa general terns and conditions effective october 1 202-1 o
r later.pdf:and
These terms and conditions are in addition to the assurances and certifications
made as part of the award and the toms. conditions. or restrictions cited
throughout the award:and
Subrecipient s Initials:
The EPA repository for the general terms and conditions by year can be found
at:https: www.epa.gov grants grant-tenns-and-conditionsgeneral:and
Program guidance is available at: Imps: xvww.epa.gov inflation-reduction-
act climate-pollution-reduction-grants.
iii. Federal regulations applicable to this award include. without limitation, the
following:
a. Uniform Administrative Requirements (µt GG"). Cost Principles.
and Audit Requirements for Federal Awards. 2 CFR Part 200. other
than such provisions as EPA may determine are inapplicable to this
Award including adherence to the accounting principles and procedures
required therein.use adequate internal controls.and maintain necessary
source documentation for all costs inctured.
b. Audits.In accordance with the provisions of 2 CFR 200. Subpart F-
Audit Requirements. Subrecipient shall comply with all audit
requirements for non-federal entities that expend federal awards unless
and to the extent of any applicable exemption. The Subrecipient is
responsible for resolving audit findings and implementing necessary
corrective action specifically related to the subaward.and for promptly
delivering to Metroplan all information and certifications necessary for
Metroplan's compliance with 2 CFR§200.332(e)(4).The Subrecipient
will report to Metroplan the corrective action taken to resolve any
findings of all audits.Metroplan will send corrective action to be taken
to EPA for approval (see lumps: www.ecfr.gov current title-2 subtitle-
A chapter-II part-200 subpart-F).
c. Conflicts of Interest. The Subrecipient must maintain a conflict of
interest policy consistent with 2 CFR§200.31S(c)and such conflict of
interest policy shall apply to each activity funded under this award.
Subrecipients must disclose in writing to Metroplan. as appropriate.
any potential conflict of interest affecting the awarded funds in
accordance with 2 CFR§200.112.
Section 3. Pass-through Requirements(see 2 CFR§200.332)
All parties agree:
1. Term. Subject to the United States Enviromneital Protection Agency. Region 6.Air and
Radiation Division. approval and the provisions for terminations as hereinafter provided.
the tern of this Agreement shall conunence on March . 2026 and end on August 31.
2029.unless the period is extended by notification or by modification of this Agreement.
through mutual agreement of the parties and federal agency approval.
Subrecipient's Initials:
2. Benefit. Subrecipient and Metroplan agree. unless specifically stated otherwise. that the
provisions of this Agreement are not intended to create or confer a third-party benefit or
right on any person or entity.not a party to this Agreement.
3. Administrative Considerations.Where policies of the Subrecipient differ from those of
Metroplan. such as travel reimbursement, fringe benefits. indirect costs.etc.. the policies
of the Subrecipient shall be applicable to cost incurrences under the Agreement provided
such policies comply with awarding agency regulations.
4. Compensation. This subaward agreement utilizes the cost reimbursement method of
payment unless provisions arc specifically outlined in this Agreement for advanced
payment. The amount of the subaward is S306.671.00. The Subrecipient may invoice at
most monthly and shall invoice at least once every three months. Invoices will state the
period for which reimbursement is being requested and will itemize the cost by budget
category per the budget srumnary(see Attachment B)Any cost over S306.671.00 be the
sole responsibility of the Subrecipient at 100% Subrecipient's cost.All deliverables and
reports defined in Attachment A: Scope of Work/Deliverables and Attachment B: Budget
are to be submitted to Metroplan for the compensation defined herein.The Subrecipient
shall not be entitled to receive any additional or separate compensation from Metroplan un
connection with the project without prior approval of Metroplan, followed by an
amendment submitted to Metroplan approved by the Federal Awarding Agency. Any
unspent funds will be reallocated by Metroplan.
The Subrecipient agrees to complete a W-9 form and Direct Deposit Authorization form
and submit to Metroplan.
5. Relationship of Parties.The parties are independent,and neither party is the agent.joint
venturer.partner.or employer of the other.
6. Monitoring Plan and Reporting.The Subrecipient will ensure that the subaward is used
for authorized ptuposes.in compliance with federal statutes.regulations.and the terms and
conditions of the subaward:and that subaward performance goals arc achieved,as required
by 2 C'FR § 200.332(e). Metroplan will monitor program and financial performance in
accordance with 2 CFR§200.332(e)through the adherence to a Monitoring Plan,included
in the Addenda as Attachment C:Monitoring Plan.The Monitoring Plan will identify any
failures in the administration and performance of the award and will also serve to identify
whether the Subrecipient needs technical assistance.Metroplan may conduct on-site visits.
follow-up. document and or desk reviews. third-party evaluations. virtual monitoring.
technical assistance.and informal monitoring such as email and telephone interviews.The
Subrecipient shall promptly deliver to Metroplan all information and certifications
necessary for Metroplan's compliance with 2 CFR§200.332(e).For reporting.the uniform
guidance requires that Metroplan and the Subrecipient collect environmental information
as approved in the project's Quality Assurance Project Plan (QAPP) and use OMB-
approved govemmnent-wide standard information collections when providing performance
information and data in reports. Performance measures for the Project's expected outputs
and outcomes are included in Attachment C:Monitoring Plan.
7. Audit Costs.All Parties that are subject to the single audit requirement(§ 200.332)shall
bear the cost of their single audit.The Subrecipient shall be responsible for payment of any
Subrecipient's Initials:
and all audit exceptions related to the work performed under this Agreement which are
identified by the audit agency. For subrecipients that are not eligible for a single audit.
Metroplan may conduct an agreed upon monitoring as an audit strategy. The cost of the
agreed upon monitoring will be charged to the Metroplan award. Notwithstanding any
other condition of the Agreement.the cooperative audit resolution process may be applied.
as appropriate.
8. Access to Records.The books and records of all Parties must be made available.if needed
and upon request.at the Parties'regular place of business.for audit by personnel authorized
by the government. This includes inspections and audits by Metroplan. the Comptroller
General of the United States,the EPA Office of Inspector General.other EPA staff.or any
authorized representative of the Federal government.Reviews by the EPA Project Officer
and the Grants Specialist may occur each year.The Federal Awarding Agency and or Pass-
through Entity has the right to return to audit the program after closeout at any time during
the record retention period and as long as the records are retained. to conduct recovery
audits including the recovery of fiends,as appropriate(§200.337(c)).
9. Record Retention. All Parties shall retain all records pertinent to program activities and
financial expenditures incurred wider this Agreement for a period of three years after the
date of submission of the final expenditure report wider this award (§ 200.334).
Notwithstanding the above. if there are litigation. claims. audits. negotiations. written
notification from the federal program or cognizant agencies or the Pass-though Entity.or
other actions that involve any of the records cited and that have started before the expiration
of the three-year period.then such records must be retained until completion of the actions
and resolutions of all issues (§ 200.334(a)). or the expiration of the three-year period.
whichever occurs later.
10.Risk Assessments,Specific Conditions and Remedies.Metroplan has conducted a risk
assessment as required by 2 CFR§200.332(c)and determined the Subrecipient's level of
risk as low.Risk assessments may be repeated throughout the project period after scheduled
reports.audits.unanticipated issues.or other adverse circumstances that may arise.In the
event of noncompliance or failure to perform. Metroplan has the authority to implement
specific conditions and apply appropriate remedies as authorized under 2 CFR§200.339.
including but not limited to:temporarily withholding payments.disallowances.suspension
or termination of the federal award. suspension of other federal awards received by the
Subrecipient.debarment.withholding further funds or other available remedies.
11.Coopyright/Intellectual Property.Metroplan will possess the entire and the Subrecipient
will possess shared copyright.title.and interest in all materials,inventions,or deliverables
produced as a result of this subaward.including use of logos,as appropriate.As a general
principle. subject to the rights of the federal govenunent and with respect to any subject.
invention,material.or deliverable in which the Pass-through Entity and the Subrecipient
retain title resulting from this subaward.the federal government shall have a nonexclusive.
nontransferable.irrevocable paid-up license to practice or have practiced for or on behalf
of the United States the subject invention.material. or deliverable throughout the world.
Metroplan and the Subrecipient will credit the Federal Awarding Agency on any materials.
inventions or deliverables produced wider the federal award and subaward. •
Subrecipient's Initials:
12.Termination.
13.This Agreement may be terminated at any time by either party.upon giving 30 days written
notice to the non-terminating party. Metroplan reserves the right to cancel any Project
without liability against Metroplan for any reason including, but not limited to.
unreasonable delay or lack of progress. the Subrecipient's inability to provide an audit-
worthy reason for the substantial delay in the Project development or completion process.
fraudulent activities associated with the Project by Zoo.vendors.or mini grant recipients.
or the Subrecipient's unresponsiveness to Metroplan's requests.
a. PERFORMANCE DEFICIENCIES: Metroplan may terminate this Agreement for
the Subrecipient's failure to perform required actions or failure to submit acceptable
deliverables as required herein. In the event Metroplan provides notice of
deficiency under this Agreement.Subrecipient will have fourteen(14)days to cure
identified deficiencies prior to termination.
b. REPAYMENT OF GRANT FUNDS: Once notified of termination by Metroplan.
Subrecipient will inunediately return all unexpended funds to Metroplan.
Metroplan may require additional information regarding previously expended
funds including a justification of use of funds for inadequate or insufficient
deliverables. Should Subrecipient fail to complete any Project in accordance with
Agreement or fail to adequately maintain or operate a Project until at least 2030.
Metroplan and EPA may request return of any allocated funds from the applicable
Project that has failed to comply with the terms of this Agreement.
c. NON-APPROPRIATION CLAUSE: This Agreement will be automatically
terminated in the event that funds under FAIN 02F75801 are discontinued by the
Federal Awarding Agency for any reason. Such termination will take effect upon
receipt of written notice to the Subrecipient front Metroplan. If there is a need to
settle on an early termination.partial payment up to the termination date would be
determined by incurrence of allowable cost and available CPRG funds,upon review
of the Subrecipient's records.This provision shall not be construed to abridge any
other right of termination Metroplan may have.
14.Notice.Any notice required or deemed desirable to be given.shall be in writing and shall
be delivered personally or sent by certified or registered mail. postage prepaid to the
following addresses:
If to Metroplan: Casey Covington
501\V Markham Suite B.Little Rock.AR 72201
ccovington ametroplan.or2
(501)372-3300
Secondary Metroplan: Leesa Freasier
501 W Markham Suite B.Little Rock.AR 72201
Freasier a metroplan.or4
(501)372-3300
Subrecipient's Initials:
If to Subrecipient: Melissa Schock
1 Zoo Drive.Little Rock.AR 72205
nnschock a littlerock.gov
(501)993-2985
15.Liability to Others.The Subrecipient agrees that it will be responsible to defend. and if
valid, to satisfy claims against the Subrecipient. which result from the Subrecipient's
performance of or failure to perform its duties under this Agreement.and subaward.
16.Non-Exclusive Jurisdiction. All disputes and claims relating to any provision of the
Agreement or any covenant. representation. or warranty of either party. or the alleged
breach thereof(including without limitation any claim that this Agreement or any provision
thereof is illegal or is otherwise unenforceable or voidable under law)shall be settled by a
court of competent jurisdiction located in Pulaski County.Arkansas.
17.Entire Agreement.This Agreement.including all attachments.contains the sole and entire
agreement and understanding of the parties with respect to the subject matter hereof.Any
and all prior discussions.negotiation.commitments and understanding relating thereto are
hereby merged herein.This Agreement may be changed or modified only by writing and
signed by the parties hereto. subject to the policies and approvals of Metroplan and the
Federal Awarding Agency.
18.Governing Law. This Agreement. the relations. rights. and duties of the parties among
thennselves, and matters pertaining to them in this Agreement. shall be governed by and
construed in accordance with the laws of the State of Arkansas.
19.Indirect Cost Rate(see § 200.332(b)(4)).The Subrecipient will claim 0°o indirect costs
for this agreement.
20.Closeout (see § 200.332(b)(6)). Metroplan will determine whether all applicable
administrative actions and all required work have been completed by the subrecipient at
the end of the period of performance.If the Subrecipient fails to complete the requirements.
the Federal Awarding Agency or Pass-Through Entity will proceed to closeout the award
with the information available(§ 200.344). Metroplan will note if closeout relates to the
end of a 12-month period and termination of subaward.or if the closeout relates to the end
of a 12-month period and preparation for an upcoming continuation period.
Metroplan must describe requirements for liquidation of financial obligations if the award
is ending. or identification of carry-over of funds. if needed, to the next award period(§
200.344(b)).
Metroplan must include completion of any other required closeout activities, such as
submission of deliverables. payments. if any. due to the Subrecipient from the Pass-
through Entity.attribution to the federal agency and or copyright or patent rights.and any
accounting of real or personal property(§200.344(d)through(h)).
Subrecipient's Initials:
Section 4. Subrecipient Requirements
1. Flow Down Provisions.The Subrecipient agrees to comply with all statutory.regulatory.
and Executive Order requirements that apply to EPA funded projects per 2 CFR
200.332(b)(2). Requirements that flow down to Subrecipients are attached hereto as
Attachment D.all of which are incorporated into this Agreement by reference.
2. t'se of Funds. The Subrecipient agrees that the(PRO funds distributed to Subrecipient
have been awarded specifically for completion of the Projects as required herein.not for
Subrecipient to utilize until expended as outlined in Attachment B,Approved Budget.
3. Responsibilities. The Subrecipient agrees to furnish the necessary resources, staff time.
materials, services. and otherwise to do all things necessary for the performance of the
work described in Scope of Work/Deliverables,which is incorporated into the Agreement
as Attachment A. along with the Budget required for that performance. which is
incorporated into the Agreement as Attachment B.
5. Assurances.The Subrecipient agrees to follow applicable EPA Standard Assurances that
can be found at EPA's Guidance for Preparing Standard Operating Procedures and SF
424D:Assurances for Construction Programs and agrees to complete.execute.and
deliver such document to Metroplan.
6. Reimbursement Requests.Reimbursement requests shall be submitted,at minimum.
every three(3)months but not more than every two weeks.
7. Reporting.Subrecipient agrees to provide to the Lead Agency a monthly written status
report regarding each Project.Lead Agency will determine due dates for report submittal.
In accordance with the Federal Funding Accountability and Transparency Act(FFAATA).if
the award is subject to FFATA Subaward and Executive Compensation Reporting
Requirements.then the terms and conditions of that award must link to the Operating
Divisions(OPDIV)website that houses the full text or include the full text of the
reporting requirements.
8. Measurement and N'erification. The Subrecipient accepts responsibility for the
inspection.measurement.and documentation of paid items,and certification of all work in
accordance with the plans for the Project and for monitoring the subrecipients'contractor(s)
for compliance with EPA-CPRG Required Contract Provisions and all federal. state, and
local requirements.
9. Rebudgeting and Prior Approvals.The Subrecipient is permitted to rebudget direct costs.
if necessary. as described in the uniform guidance (§ 200.30S) to better reflect spending
requirements.subject to Metroplan written approval.and subject to the Federal Awarding
Agency's policy and the uniform grant guidance that would define requirements for prior
written approval(j 200.407)before implementation.
10.Responsibility for Project Costs.The Subrecipient accepts responsibility for 100%of its
suballocated Project costs incurred,a)should any Project not be completed as specified:b)
should any Project be declared non-participating in federal funds.including any such award
by the State Claims Commission: or c) should Subrecipient be determined ineligible by
EPA.
11.Project Activities.Subrecipient accepts responsibility for performing Project activities in
accordance with the provided services which include environmental documentation.
Subrecipient's Initials:
permitting.and inspection of the Project.If the Subrecipient uses a consultant for any of
these services.Subrecipient must notify Metroplan before any work is performed.
12.Budget and Planning.Subrecipient accepts responsibility for preparing and approving
plans.cost estimates.and invoices,and making payments for each Project.
13.Permits.Subrecipient agrees to prepare the necessary environmental documentation and
obtain all necessary permits as required by EPA and conduct any required public
involvement meetings and public hearings.
14.Planning Requirements.Subrecipient agrees to ensure that the plans and specifications
for each Project are developed consistent with federal.state.and local law and ensure that
the plans and specifications comply with the American with Disabilities Act(ADA)and
all other applicable federal.state.and local regulations.
15.Maintenance and Operation.The Subrecipient accepts responsibility for satisfactory
maintenance and operation of all Project improvements and for adopting regulations and
ordinances as necessary to ensure this.Failure to adequately maintain and operate any
Project in accordance with EPA-CRPG requirements may result in the Subrecipient being
required to repay federal funds.The Subrecipient agrees to retain total.direct control over
the Projects throughout the life of Project improvements until at least 2030 and not.
without prior approval from the EPA:a)sell.transfer.or otherwise abandon any portion
of a Project:b)change the intended use of a Project:c)make significant alterations to the
Project using EPA-CPRG funds:or d)cease maintenance or operation of a Project due to
obsolescence:
16.Disclosure of Information.Any confidential or personally identifiable information(PII)
acquired by the Subrecipient during the course of the subaward shall not be disclosed by
the Subrecipient to any person.funs.corporation.association.or other entity for any reason
or purpose whatsoever without the prior written consent of Metroplan. either during the
term of the Agreement or in the event of termination of the Agreement for any reasons
whatsoever. The Subrecipient agrees to abide by applicable federal regulations regarding
confidential information and research standards. as appropriate, for federal supported
projects.
17.Management Fees.Subrecipient is prohibited from using funds allocated through CPRG
for paying management fees,as referenced in Attachment D.
18.L'EI and SAM Registration.Subrecipient agrees to provide Metroplan and EPA with its
Unique Entity Identifier(UEI)and agrees to maintain current registrations in the System
for Award Management(SAM)(wsvw.sam.gov)at all tines during which it has active
federal awards funded.
19.ACORN.Memorandum M-10-02(Attachment E)guides the use of federal funds
regarding the Association of Conum mity Organizations for Reform Now(ACORN).
Attachment F is an ACORN Funding Declaration.Subrecipient shall complete the bottom
section of the declaration and return it to Metroplan with this signed Agreement.
20.Negligence.Misconduct,or Acts of Omission.The Subrecipient agrees that any and all
claims for damages to property or injury or death to persons caused by any act of omission.
negligence. or misconduct from the perfonnance of work by Subrecipient's employees
and or its contractors on the Projects shall be the sole responsibility of the Subrecipient or
Subrecipient's Initials:
the applicable contractor(s).as the case may be.and that Metroplan shall have no liability
whatsoever for any such claims.In this regard the Subrecipient shall require any contractor
and subcontractors on the Projects to procure and maintain a policy or policies of
commercial general liability insurance during the duration of the Projects.which shall be
endorsed to include broad form general liability and completed operations coverage in
forms and amounts reasonably acceptable to Metroplan and which name Metroplan and
Subrecipient as additional insureds. The contractors and subcontractors shall furnish
Subrecipient and Metroplan with documentation of proof of liability insurance coverage as
required hereunder with submission of a signed contract and thereafter at least annually
(within thirty (30) days prior to expiration of the applicable policy).
The Subrecipient agrees that any claims. liability,costs,expenses. demands. settlements.
or judgments arising from misconduct or the negligent acts or omissions of Subrecipient
or its employees. agents. or contractors in the performance of the Projects and this
Agreement are obligations of Subrecipient or its contractors, as applicable. Further.
Subrecipient agrees that Metroplan. as the Pass-through Entity. has no duty or
responsibility for the design.construction.maintenance.or operation of the Projects.and
therefore shall have no liability related to the design. construction. maintenance. or
operation of the Projects. Subrecipient also agrees to assume all risks associated with the
Project work to be performed by its agents. employees, and contractors under this
Agreement and that Metroplan.as the Pass-through Entity.shall not be responsible or liable
for any damages whatsoever from the actions or inactions of Subrecipient,its employees.
agents. and contractors. Nothing set forth herein shall be construed as waiving any
statutory immunity nity of Subrecipient.
The Subrecipient agrees that such actions or inactions shall include.but are not limited to,
federal non-participation arising from problems with design plans. specifications.
construction. change orders. construction inspection. or contractor payment procedures.
The Subrecipient understands and agrees that Metroplan may cause necessary funds to be
withheld from the EPA-CPRG subaward if Subrecipient fails to complete any Project as
specified or fails to adequately maintain or operate any Project.
21.Nondiscrimination.The Subrecipient agrees to assure that its policies and practices with
regard to its employees.any part of whose compensation is reimbursed from federal fluids.
will be without regard to race. color. religion, sex, national origin. age. or disability in
compliance with the Civil Rights Act of 1964.the Age Discrimination in Employment Act
of 1967. The Americans with Disabilities Act of 1990. as amended. and Title 49 of the
Code of Federal Regulations Part 21 (49 CFR 21). and Nondiscrimination in Federally-
Assisted Programs of the Department of Transportation.The Subrecipient shall complete
and submit to Metroplan an Equal Employment Opportunity Certification Form
(Attachment G).
22.Standards of Work. The Subrecipient agrees to implement the subaward and perform
pursuant to the requirements of the Agreement in a manner consistent with that level of
care and skill ordinarily exercised by subrecipients currently practicing under similar
conditions,particularly in reference to restricted or sponsored programs.The Subrecipient
understands that this Agreement is being issued under a federal award, FAIN 02F75801,
Subrecipient's Initials:
Program Code SE. for the Project to be implemented by Metroplan. The Subrecipient
agrees to be bound and abide by all applicable regulations contained herein.with regard to
federal assurances and certifications including lobbying and debarment.
23.Lobbying. Subrecipients shall complete and submit to Metroplan a Certification
Regarding Lobbying Form(AttachmentH).
24.Debarment. Subrecipients shall complete and submit to Metroplan a Certification
Regarding Debarment.Suspension.and Other Responsibility Matters(Attachment I).
Section 5. Lead Agency and Project Manager Requirements
Lead Agency:Zoo
1. Project Manager.The Subrecipient acting as Lead Agency agrees to notify Metroplan in
writing who Subrecipient designates as its full-time employee to act as Project Manager to
be in responsible charge of the day-to-day oversight of the Projects(Attachment J. Form
LPA-005). If the designated full-time employee changes. the Subrecipient must promptly
notify Metroplan by resubmitting Form LPA-005 for the newly designated Project
Manager.The duties and functions of the employee in responsible charge arc:
a. Oversee Project activities. including those dealing with cost, time. adherence to
contract requirements.and scope of the Projects:
b. Maintain familiarity of day-to-day Project operations.
c. Make or participate in decisions about changed conditions or scope changes that
require change orders and or supplemental agreements:
d. Conduct self-audits for compliance with all EPA.federal and state regulations:
e. Review financial processes. transactions. and documentation to ensure that
safeguards are in place to minimize fraud.waste,and abuse:
f. Direct Project staff or consultant to carry out Project administration and contract
oversight.including proper documentation:and
g. Be aware of the qualifications.assignments.and on-the-job performance of Project
and consultant staff at all stages of the Projects:and
h. Submit an implementation plan to Metroplan for review and approval.
2. Reporting.Lead Agency agrees to provide a quarterly written status report to Metroplan
regarding each Project.These quarterly status reports are due at the end date of each
month.If this date falls on a holiday or weekend.the reports are due the day before the
holiday or weekend.After each quarter of the calendar year.the Lead Agency agrees to
complete and submit to Metroplan a quarterly status report using the Metroplan template.
This report will be due on the 15th of the month immediately following the end of each
quarter.
3. Provide documents.photos.and site inspection as needed for the Project.
4. Coordinate with Metroplan to conduct periodic site visits to the Projects to verify projects
timelines.outcomes.outputs.and milestones are being met by Subrecipient.
5. Approve implementation plan prior to the launch of the Project.
Subrecipient s Initials:
Zoo contacts for the CPRG Program are as follows:
Staff Member Title Phone Email
Melissa Schock Director 501-993-2988 nischock a littlerock.aov
Section 6.MIetroplau Responsibilities
Metroplan agrees to:
1. Reimburse Subrecipient.as applicable.an amount not to exceed S306.671.00 for Land
restoration through the EPA-CPRG Program to the extent completed in accordance with
the requirements of this Agreement.
2. Coordinate with Subrecipient for the duration of each Project.
3. Provide technical assistance and guidance related to EPA-CPRG criteria to Subrecipient
for the duration of the Projects.
4. Provide.upon request.technical assistance on communication and promotional activities
related to the Projects.
5. Make periodic payments for reimbursable costs and expenses to Subrecipient for duly
completed reimbursement requests that are submitted to Metroplan as and when required
under this Agreement.
6. Maintain an administrative file for each Project and be responsible for administering
CPRG funds.
7. Review documents:however.Subrecipient is responsible for meeting federal
requirements and general compliance with 23 CFR 635.
8. Pay the remaining amount due upon completion of each Project and submittal of the
certified Final Acceptance Report form(Form LPA-016.available at
Imps: ardot.gov divisions local-programs localublic-arencv:project-manual).subject
to the availability of EPA-CPRG funds allocated for the Projects.
9. Review and concur on any changes to Project scope and coordinate with EPA-CPRG
reconunendations and criteria.
10.Conduct bi-annual site visits to the Projects to verify that Project timelines.outcomes.
outputs.and milestones are being met by Subrecipient.
11.Maintain accounting records to adequately support reimbursement with federal funds for
reimbursable costs directly associated with its administration of the Projects.
12.Approve implementation plan prior to the launch of the Project.
Metroplan contacts for the CPRG Program are as follows:
Staff Member Title Phone Email
Casey Covington Executive Director 501-372-3330.ext. ccovington'a metroplan.org
108
Leesa Freasier Grant Administrator 501-372-3300 Ifreasier ii metroplan.org
Bernadette Rhodes Deputy Director 501-372-3300.ext. brhodes ii metroplan.org
114
Subrecipient's Initials:
SIGNATURES
IN WITNESS WHEREOF,the parties thereto have executed this Agreement by their duly
authorized officers to be effective this day of .20
CERTIFICATION:The undersigned verifies that all funds provided through this Subaward
Agreement will be used in accordance with the terms.provisions,and conditions hereof.
FOR METROPLAN
By Authorized Representative: Date
Casey Covington.Executive Director
CITY OF LITTLE ROCK ZOO
By Authorized Representative: Date
Subrecipient's Initials:
ATTACHMENT A:
Scope of Work/Deliverables
The Subrecipient shall be responsible for completing the following scope of work for
the Projects:
ZOO WILL:
a. Oversee the overall program
b. Removal invasive
c. Restore Riparian,Prairie and Forest landscape
d. Planting native species
e. Develop mapping of planting
f. Report on how many plants and trees were planted
g. Complete Quarterly Reports
h. Submit quarterly reports as stated in agreement
i. Develop a Green Network Management Plan
j. Report on carbon reduction metrics quarterly
k. Comply with all EPA and Federal regulations as it pertains to land restoration
Subrecipient contacts for this Scope of Work are as follows:
Staff Member Title Phone Email
Melissa Director 501-993-298S mschock a littlerock.gov
Schock
Subrecipient's Initials:
Attachment B. Budget
Zoo Subaward Budget
Cost Type Amount
Program Cost: plants. materials, supplies. S294.191.00
equipment,site work labor.etc
Administration Cost S12.480.00
TOTAL S306,671.00
GRAND TOTAL: S306,671.00
Subrecipient's Initials:
Attachment C. Monitoring Plan
The subaward will be monitored using the following metrics and information collection(Quarter
&Year).
Subrecipient's Initials:
Community Outreach Activities .Units
Meetings and/or presentations #of meetings
Meeting attendees #of people
Newsletters and/or online informational materials #of materials
Online informational materials engagement #of views
Community partners #of partners
Public input #of project comments
Public input #of surveys completed
Preservation Activities Units
Acres of open space preserved #of acres
LIDAC benefits %of acres
Community partners #of partners
Procurement operations #of bids advertised
Procurement operations #of bids awarded
Permits obtained(if applicable) #of permits
Legal documentation(proving preservation complete) #of documents
Restoration Activities jig
Wetlands/floodplain undergoing restoration #of acres
Forest undergoing restoration #of acres
Tree seedlings planted #of trees
Prairie undergoing restoration #of acres
Riparian buffer undergoing restoration #of acres
Stream channel undergoing restoration #of acres
Stream bank undergoing restoration #of linear feet
Restoration complete-wettand/floodplain #of acres
Restoration complete-forest #of acres
Restoration complete-prairie #of acres
Restoration complete-riparian buffer #of acres
Restoration complete-stream channel #of acres
Restoration complete-steam bank #of linear feet
Maintenance-wetland/floodplain #of acres
Maintenance-forest #of acres
Maintenance-tree seedlings #of trees
Maintenance-prairie #of acres
Maintenance-riparian buffer #of acres
Maintenance-stream channel #of acres
Maintenance-steam bank #of linear feet
LIDAC benefits %of acres
Community partners #of partners
Subrecipient's Initials:
Attachment D. Flow Down Provisions
See Imps: nwwepa.gov-sites default tiles 2020-
11 documents epa subaward cross cutter requirenients.pdf
or most recently revised version of EPA's "Infomiatiou on Requirements that Pass-Through
Entities must 'Flow Donn'to Subrecipients"
Subrecipient's Initials:
Attachment E. ACORN Memo
:640.0& . EXECUTIVE OFFICE OF THE PRESIDENT
'`� OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON D C 20503
October 7.2009
M.10-02
MEMORANDUM FOR THE HE OF EXECUTIVE DEPARTMENTS AND AGENCIES
FROM: Peter R.Onizag
Director
SUBJECT: Guidance on section 163 of the Continuing Resolution regarding the Association
of Community Organizations for Reform Now(ACORN)
This memorandum provides guidance to Executive Branch agencies regarding the
implementation of section 163 of the Continuing Appropriations Resolution.2010.Division 13 of
Pub.L.No.111.68(CR).which states:
SEC.163. None of the funds made available by this joint resolution or any prior Act may
be provided to the.Association of Community Organizations for Reform Now(ACORN).
or any of its affiliates,subsidiaries,or allied organizations.
Your agency must inunediately commence all necessary and appropriate steps to comply with
section 163. This includes the following:
• No future obligations of funds. No agency or department should obligate or award any
Federal funds to.ACORN or any of its affiliates.subsidiaris or allied organizations
(collectively"affiliates")during the period of the CR. To the extent your agency already
has determined that funds should be obligated or awarded to ACORN or its affiliates but
has not yet entered into any agreement to provide such fiords to ACORN or any of its
affiliates,your agency should not provide such funds,or enter into any such agreements
to do so. As section 163 makes clear,its prohibition applies not only to the funding that
is made available by the CIL but also to the funding that was made available by
previously enacted statutes. In addition,the text of section 163 is sufficiently broad to
cover funding that was made available for fiscal year(FY)2009 and prior fiscal years,as
well as funding that is or will be made available for FY 10.
• Suspension of grant and contractual possessor. four agency has an existing contract
or grant agreement with ACORN or its affiliates,the agency should: (i)where
permissible.immediately suspend performance of any obligations under the contract or
agreement,including payment of Federal funds:and(ii)consult promptly with the
agency's general counsel and,if necessary.the truce of Management and Budget
Subrecipient's Initials:
Attachment F. ACORN Declaration
ACORN FUNDING DECLARATION
On the behalf of the organization identified below('organization").I hereby acknowledge that I have been
provided a copy of Office of Management and Budget Memorandum M-10-02 and that said organization shall fully
comply with section 163 of the Continuing Appropriations Resolution.2010.Division B of Pub.L.No. 111-68(CR)
which states:
None of the funds made available by this joint resolution or any prior Act may be provided to the Association
of Community Organizations for Reform Now(ACORN). or any of its affiliates. subsidiaries, or allied
organizations.
I acknowledge that Federal grant or contract funding cannot be made to ACORN or its affiliates as a matter
of law.I acknowledge that the organization as a Federal grant or contract recipient is prohibited from providing ANY
federal funds to ACORN or its affiliates as subgrantees.subcontractors or other subrecipients.I acknowledge that the
organization shall immediately notify DEQ of any existing subgrants.contracts or other subrecipient agreements,it
may have with ACORN or its affiliates_as well as the measures that shall be taken by the organization to comply with
this prohibition with regards to those subgrants,subcontracts or subrecipient agreements.
Signed on this day of
Name of Organization:
Signed: Title:
Subrecipient s Initials:
Attachment G. Equal Opportunity Certification Form
Please click on the link below and fill out the EEOP form.
httns:'rwww.oin.2ov/sites/Q/files%xvckuh241!filesimedia document cert.udf
Subrecipient's Initials:
Attachment H. Certification Regarding Lobbying
Please.lick on the link below and till out the Certification form.
httns:`wwwy.ena.soy systemifiles/documents/2021-08 era form 6600 06.ndf
•
Subrecipient's Initials:
Attachtnent I. Certification Regarding Debarment.Suspension.and Other Responsibility Matters
Please click on the link below and fill out the Certification form.
imps: epa.illinois.2oy content darn soi en web epa topics'orauts-loans`state-revolvinQ-
fund documents epa-5700-49-certification-of.debarment suspension-etc.pdf
Subrecipieut's Initials:
Attachment J. Lead Agency Form(LPA-005)
Please click on the link below and fill out the Lead Agency form.
httus:':`www.ardot.gov wu-content unloads/Form LPA-005 Designating-Emulovee-iu-
Charge.udf
Subrecipient's Initials:
Attachment K. EPA Grant Agreement(02F75801)
See email attachment.
Subrecipient's Initials: