Agmt21 County of San Mateo _Grant Agreement - Stormwater Capture @ Red Morton_200000_2.26.2021

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study means that the recipient is not accepting the fair share objectives/goals of another recipient. The recipient agrees to submit proposed fair share objectives/goals, together with the supporting availability analysis or disparity study, to the Regional MBE/WBE Coordinator, Elizabeth Armour at Armour. Elizabeth@epa.gov, within 120 days of its acceptance of the financial assistance award. EPA will respond to the proposed fair share objective/goals within 30 days of receiving the submission. If proposed fair share objective/goals are not received within the 120 -day time frame, the recipient may not expend its EPA funds for procurements until the proposed fair share objective/goals are submitted. 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 (c) Recipients of a Continuing Environmental Program Grant or other annual reporting grant, agree to create 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 (b) and (c) for specific requirements and exemptions. E. MBE/WBE Reporting General Compliance, 40 CFR Part 33, subpart E — Reporting Condition MBE/WBE reporting is required annually for the life of the grant. Reporting is required for assistance agreements where there are funds budgeted for procuring construction, equipment, services and supplies, including funds budgeted for direct procurement by the recipient or procurement under subawards or loans in the "Other" category, that exceed the Simplified Acquisition Threshold as defined by the Federal Acquisition Regulation, including amendments and/or modifications. Based on EPA's review of the planned budget, this award meets the conditions above and is subject to Disadvantaged Business Enterprise (DBE) Program reporting requirements. Conversely, the recipient must submit to the GrantsRe-qion9@ePa.gov a justification and budget detail within 21 days of the award date demonstrating that this award is not subject to the DBE reporting requirements. The recipient agrees to complete and submit a "MBE/WBE Utilization under Federal Grants Cooperative agreements" re art EPA Form 5700-52A on an annual basis. All procurement actions that are reportable, not just that portion which exceeds the Simplified Acquisition Threshold. When completing the annual report, recipients are instructed to check the box titled "annual:" in section 1 B of the form. For the final report, recipients must check the box indicated for the "last report" of the project in section 1 B of the form. Annual reports are due by October 30th of each year. Final reports are due by October 30th or 90 days after the end of the project period, whichever comes first. The reporting requirement is based on total procurements. Recipients with expended and/or budgeted funds for procurement are required to report annually whether the planned procurements take place during the reporting period or not. If no budgeted 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 GrantsRegiona(deoa.goand assigned EPA Grants Specialist. The current EPA Form 5700-52A is located at htts://www.e a. ovl rants/e a -form -5700 -52a -united -states -environmental- rotection-a enc-minorit -b usiness. 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 Good Faith Effort requirements as described in 40 CFR Part 33, Subpart C, and Fair ATTY/AGR.2020.251/County of San Mateo (Page 19 of 21)