09/21/2012 Agreement DANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE: November 5, 2012
TO: Roman Gastesi
County Administrator
ATT: Rhonda Haag
FROM: Pamela G. HancbckD C.
At the September 21, 2012, Board of County Commissioner's meeting the Board granted
approval of Item 03 Grant Agreement from the Environmental Protection Agency (EPA) to
fund Phase 2 of a County Wide Canal Improvements Master Plan.
Enclosed is a duplicate original of the above - mentioned, signed by County Administrator
Roman Gastesi, for your handling. Should you have any questions, please feel free to contact
my office.
cc: County Attorney w/o document
Finance
Files/
X7 - nnnn3717 _ n Pnno 1
J
GRANT NUMBER (FAIN): 00D03712
,�t
.0 61111 '
U.S. ENVIRONMENTAL
PROTECTION AGENCY
MODIFICATION NUMBER: 0
PROGRAM CODE: X7
DATE OF AWARD
08/22/2012
TYPE OF ACTION
MAILING DATE
s
New
08/29/2012
Grant Agreement
PAYMENT METHOD:
ACHE
k
ACH
pending
RECIPIENT TYPE:
Send Payment Request to:
County
Las Vegas Finance Center
RECIPIENT:
PAYEE:
Monroe County
Monroe County
5100 College Road
5100 College Road
Key West, FL 33040
Key West, FL 33040
EIN: 59- 6000749
PROJECT MANAGER
EPA PROJECT OFFICER
EPA GRANT SPECIALIST
Rhonda Haag
Morgan Jackson
Sharonita Johnson
5100 College Road
61 Forsyth Street
Grants Management Office
Key West, FL 33040
Atlanta, GA 30303 -8960
E -Mail: johnson.sharonita @epa.gov
E -Mail: haag- rhonda@monroecounty -fl.gov
E -Mail: jackson.morgan@epa.gov
Phone: 404-562-8311
Phone: 305 - 292 -4482
Phone: 404 - 562 -9393
PROJECT TITLE AND DESCRIPTION
Monroe County Water Quality Protection
This action approves an award in the amount of $100,000 to Monroe County Board of County Commissioners to prepare an updated Comprehensive Canal
Management Master Plan Database; update Priority Management Issues and Goals for the Keys -Wide Canal Management Master Plan and prepare Keys -Wide
Canal Ranking Criteria.
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
10/01/2012 - 09/30/2013
10/01/2012 - 09/30/2013
$110,000.00
$110,000.00
NOTICE OF AWARD
Based on your application dated 06/04/2012, including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA), hereby awards $100,000. EPA agrees to cost -share 90.91 % of all approved budget period costs incurred, up to and not exceeding
total federal funding of $100,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by
signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after
receipt, or any extension of time, as may be granted by EPA. 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
U.S. EPA, Region 4
61 Forsyth Street
Water Protection Division
Atlanta, GA 30303 -8960
61 Forsyth Street
Atlanta, GA 30303 -8960
THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY
Digital signature applied by EPA Award Official Shirley White Grayer - Grants Management Officer
DATE
08/22/2012
AFFIRMATION OF AWARD
BY AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION
SIGNATURE
TYPED NAME AND TITLE
Roman Gastesi, County Administrator
DATE
Z
J
EPA Funding Information X7- 00D03712 -0 Paget
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$
$ 100,000
$ 100,000
EPA In -Kind Amount
$
$
$ 0
Unexpended Prior Year Balance
$
$
$ 0
Other Federal Funds
$
$
$ 0
Recipient Contribution
$
$ 10,000
$ 10,000
State Contribution
$
$
$ 0
Local Contribution
$
$
$ 0
Other Contribution
$
$
$ 0
Allowable Project Cost
$ 0
$ 110,000
$ 110,000
Assistance Program (CFDA)
Statutory Authority
Regulatory Autfwrity
66.436 - Surveys- Studies - Investigation Grants and
Clean Water Act: Sec. 104(b)(3)
40 CFR PART 31
Cooperative Agreements - Section 104(b)(3) of the
Object
Class
Site /Project
Clean Water Act
Obligation /
Deobligation
Fiscal
Site Name
Req No
FY
Approp.
Code
Budget
Organization
PRC
Object
Class
Site /Project
Cost
Organization
Obligation /
Deobligation
1204TC2027
1213
8
04TOORR
2026
4183
100,00
100,00
Budget Summary Pace
X7 - OOD03712 - 0 Page 3
Table A - Object Class Category
(Non - construction)
Total Approved Allowable
Budget Period Cost
1. Personnel
$10,000
2. Fringe Benefits
$0
3. Travel
$0
4. Equipment
$0
S. Supplies
$0
6. Contractual
$100,000
7. Construction
$0
S. Other
$0
S. Total Direct Charges
$110,000
10. Indirect Costs: % Base
$0
11. Total (Share: Recipient 9.09 % Federal 90.91 %.)
$110,000
12. Total Approved Assistance Amount
$100,000
13. Program Income
$0
14. Total EPA Amount Awarded This Action
$100,000
15. Total EPA Amount Awarded To Date
$100,000
Administrative Conditions
1. DRUG -FREE WORKPLACE CERTIFICATION FOR ALL EPA RECIPIENTS
X7 - OOD03712 - 0 Page 4
The recipient organization of this EPA assistance agreement must make an ongoing, good faith effort to maintain a
drug -free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in
accordance with these regulations, the recipient organization must identify all known workplaces under its federal awards,
and keep this information on file during the performance of the award.
Those recipients who are individuals must comply with the drug -free provisions set forth in Title 2 CFR Part 1536 Subpart
C.
The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Recipients can access
the Code of Federal Regulations (CFR) Title 2 Part 1536 at
hftp: / /ecfr.gpoaccess.gov /cg i/ t/texYtext- idx ?c= ecfr&sid= 701081165f703l 6effa8ebf67df73de0 &rg n =d iv5 &view = text &node=
2:1.2.11.11.2 &id no =2.
2. HOTEL -MOTEL FIRE SAFETY
Pursuant to 40 CFR 30.18, if applicable, and 15 USC 2225a, the recipient agrees to ensure that all space for conferences,
meetings, conventions, or training seminars funded in whole or in part with federal funds complies with the protection and
control guidelines of the Hotel and Motel Fire Safety Act (PL 101 -391, as amended). Recipients may search the
Hotel -Motel National Master List at hftp: //www.usfa.dhs.gov /applications /hotel/ to see if a property is in compliance (FEMA
ID is currently not required), or to find other information about the Act.
3. LOBBYING AND LITIGATION
The chief executive officer of this recipient agency shall ensure that no grant funds awarded under this assistance
agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless
authorized under existing law. The recipient shall abide by its respective OMB Circular (A -21, A -87, or A -122), which
prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities.
4. LOBBYING
The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying . The recipient shall include the
language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients
submit certification and disclosure forms accordingly.
In accordance with the Byrd Anti - Lobbying Amendment, any recipient who makes a prohibited expenditure under Title 40
CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such expenditure.
5. MANAGEMENT FEES AND SIMILAR CHARGES
Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term
"management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve
funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this
assistance agreement. Management fees or similar charges may not be used to improve or expand the project funded
under this agreement, except to the extent authorized as a direct cost of carrying out the scope of work.
6. RECYCLING
In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962) any State
agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the
requirements set forth. Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the
purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year
was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of
specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in
40 CFR 247.
In accordance with the polices set forth in EPA Order 1000.25 and Executive Order 13423, Strengthening Federal
Environmental, Energy and Transportation Management (January 24, 2007), the recipient agrees to use recycled paper
and double sided printing for all reports which are prepared as a part of this agreement and delivered to EPA. This
requirement does not apply to reports prepared on forms supplied by EPA, or to Standard Forms, which are printed on
recycled paper and are available through the General Services Administration.
7. UNLIQUIDATED OBLIGATIONS
Pursuant to 40 CFR 31.41(b) and 31.50(b), EPA recipients shall submit a final Federal Financial Report (SF -425) to EPA
no later than 90 calendar days after the end of the project period. The form is available on the Internet at
htto: //www.eaa.aov /ocfo /finservices /forms.htm . All FFRs must be submitted to the Las Vegas Finance Center: US EPA,
LVFC, 4220 S. Maryland Pkwy., Bldg. C, Rm 503, Las Vegas, NV 89119, email: LVFC- arants4_eaa.aov or by Fax to:
702 - 798 -2423.
The LVFC will make adjustments, as necessary, to obligated funds after reviewing and accepting a final Federal Financial
Report. Recipients will be notified and instructed by EPA if they must complete any additional forms for the closeout of
the assistance agreement.
EPA may take enforcement actions in accordance with 40 CFR 31.43 if the recipient does not comply with this term and
condition.
8. EPA PARTICIPATION
This award and the resulting ratio of funding is based on estimated costs requested in the application. EPA participation
in the final total allowable program /project costs (outlays) shall not exceed the statutory limitation 90.91% of total
allowable program /project costs or the total funds awarded, whichever is lower.
9. DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONDITION FOR nonSRF RECIPIENTS
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.
FAIR SHARE OBJECTIVES, 40 CFR, Part 33, Subpart D
A recipient must negotiate with the appropriate EPA award official, or his/her designee, fair share objectives for MBE and
WBE (MBE/WBE) participation in procurement under the financial assistance agreements.
Current Fair Share Objective/Goal
The award amount of this assistance agreement 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. Therefore, 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 MBEMIBEs in its procurements.
SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C
Pursuant to 40 CFR, Section 33.301, the recipient 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, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith
efforts shall be retained:
(a) Require 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 recipients, this will include placing DBEs on
solicitation lists and soliciting them whenever they are potential sources.
(b) 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.
(c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For
Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically
feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process.
(d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle
individually.
(e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of
Commerce.
(f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraphs (a) through (e)
of this section.
MBE/WBE REPORTING, 40 CFR, Part 33, Sections 33.502 and 33.503
The recipient agrees to complete and submit EPA Form 5700 -52A, "MBE/WBE Utilization Under Federal Grants,
Cooperative Agreements and Interagency Agreements" beginning with the Federal fiscal year reporting period the
recipient receives the award, and continuing until the project is completed. Only procurements with certified
MBE/WBEs are counted toward a recipient's MBE/WBE accomplishments. The reports must be submitted
semiannually for the periods ending March 31" and September 30� for:
Recipients of financial assistance agreements that capitalize revolving loan programs (CWSRF, DWSRF,
Brownfields); and
All other recipients not identified as annual reporters (40 CFR Part 30 and 40 CFR Part 35, Subpart A and Subpart B
recipients are annual reporters).
The reports are due within 30 days of the end of the semiannual reporting periods (April 30' and October 30"').
Reports should be sent to:
USEPA
61 Forsyth St, SW
Atlanta, Georgia 30303
johnson.sharonita@epa.gov
Final MBE/WBE reports must be submitted within 90 days after the project period of the grant ends. Your grant
cannot be officially closed without all MBE/WBE reports.
EPA Form 5700 -52A may be obtained from the EPA Office of Small Business Program's Home Page on the Internet at
www.epa.gov/osbi)
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 and sub 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.
10. SUSPENSION AND DEBARMENT
Recipients shall fully comply with Subpart C of 2 CFR Part 180 entitled, "Responsibilities of Participants Regarding
Transactions Doing Business With Other Persons," as implemented and supplemented by 2 CFR Part 1532. Recipient is
responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 2 CFR Part 180, entitled
"Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for
further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient
acknowledges that failing to disclose the information required under 2 CFR 180.335 may result in the delay or negation of
this assistance agreement, or pursuance of legal remedies, including suspension and debarment.
Recipients may access suspension and debarment information at http: / /www.sam.gov. This system allows recipients to
perform searches determining whether an entity or individual is excluded from receiving Federal assistance. This term
and condition supersedes EPA Form 5700 -49, "Certification Regarding Debarment, Suspension, and Other Responsibility
Matters."
11. SINGLE AUDIT ACT
In accordance with OMB Circular A -133, which implements the Single Audit Act, the recipient hereby agrees to obtain a
single audit from an independent auditor, if it expends $500,000 or more in total Federal funds in any fiscal year. Within
nine months after the end of a recipient's fiscal year or 30 days after receiving the report from the auditor, the recipient
shall submit the SF -SAC and a Single Audit Report Package. The recipient MUST submit the SF -SAC and a Single Audit
Report Package, using the Federal Audit Clearinghouse's Internet Data Entry System. For complete information on how
to accomplish the single audit submissions, you will need to visit the Federal Audit Clearinghouse Web site:
http://harvester.census.gov/fact
12. TRAFFICKING IN PERSONS
a. Provisions applicable to a recipient that is a private entity.
1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not —
i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect;
ii. Procure a commercial sex act during the period of time that the award is in effect; or
iii. Use forced labor in the performance of the award or subawards under the award.
2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient
that is a private entity —
i. Is determined to have violated a prohibition in paragraph a.1 of this award term; or
ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a
prohibition in paragraph a.1 of this award term through conduct that is either —
A. Associated with performance under this award; or
B. Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on
Govemmentwide Debarment and Suspension (Nonprocurement)," as implemented by our Agency at 2 CFR 1532.
b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally
terminate this award, without penalty, if a subrecipient that is a private entity-
1. Is determined to have violated an applicable prohibition in paragraph a.1 of this award term; or
2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an
applicable prohibition in paragraph a.1 of this award term through conduct that is either —
i. Associated with performance under this award; or
ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an
organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment
and Suspension (Nonprocurement)," as implemented by our agency at 2 CFR 1532
c. Provisions applicable to any recipient
1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in
paragraph a.1 of this award term.
2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section:
i. Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g)), and
ii. Is in addition to all other remedies for noncompliance that are available to us under this award.
3. You must include the requirements of paragraph a.1 of this award term in any subaward you make to a private entity.
d. Definitions. For purposes of this award term:
1. "Employee" means either:
I. An individual employed by you or a subrecipient who is engaged in the performance of the project or program
under this award; or
ii. Another person engaged in the performance of the project or program under this award and not compensated
by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an
in -kind contribution toward cost sharing or matching requirements.
2. "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation,
provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the
purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
3. "Private entity ":
i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are
defined in 2 CFR 175.25.
ii. Includes:
A. A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal
organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).
B. A for -profit organization.
4. "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section
103 of the TVPA, as amended (22 U.S.C. 7102).
13. SUBAWARD REPORTING AND COMPENSATION
Reporting of first -tier subawards
1. Applicability Unless you are exempt as provided in paragraph d. of this award term, you must
report each action that obligates $25,000 or more in Federal funds that does not include Recovery funds
(as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009, Pub. L.
111 -5) for a subaward to an entity (see definitions in paragraph a of this award term).
2. Where and when to report
i. You must report each obligating action described in paragraph a.1. of this award term to
www.fsrs.gov
ii. For subaward information, report no later than the end of the month following the month in which
the obligation was made. (For example, if the obligation was made on November 7, 2010, the
obligation must be reported by no later than December 31, 2010.)
3. What to report
You must report the information about each obligating action that the submission instructions
posted at www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives
1. Applicability and what to report You must report total compensation for each of your five most
highly compensated executives for the preceding completed fiscal year, if —
i. the total Federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received —
(A) 80 percent or more of your annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
iii.The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue
Code of 1986. (To determine if the public has access to the compensation information,
see the U.S. Security and Exchange Commission total compensation filings at
http://wv4w.sec.gov/answers/execomp.htm
2. Where and when to report You must report executive total compensation described in
Paragraph b.1. of this award term:
i. As part of your registration Central Contractor Registration/System for Award
Management profile available at www.sam.gov
ii. By the end of the month following the month in which this award is made, and annually
thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report Unless you are exempt as provided in paragraph d. of this
award term, for each first -tier subrecipient under this award, you shall report the names and total
compensation of each of the subrecipient's five most highly compensated executives for the
subrecipient's preceding completed fiscal year, if
in the subrecipient's preceding fiscal year, the subrecipient received —
(A) 80 percent or more of its annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 CFR 170.320 (and subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts), and Federal financial assistance subject to the
Transparency Act (and subawards); and
Ii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue
Code of 1986. (To determine if the public has access to the compensation information,
see the U.S. Security and Exchange Commission total compensation filings at
http://www.sec.gov/answerstexecomp.htm
2. Where and when to report You must report subrecipient executive total compensation
described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward For
example, if a subaward is obligated on any date during the month of October of a given
year (i.e., between October 1 and 31), you must report any required compensation
information of the subrecipient by November 30 of that year.
d. Exemptions
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are
Exempt from the requirements to report:
I subawards, and
ii. the total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions
For purposes of this award term:
1. Entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for - profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a
non - Federal entity.
2. Executive means officers, managing partners, or any other employees in management positions.
3. Subaward
i. This term means a legal instrument to provide support for the performance of any
portion of the substantive project or program for which you received this award and that
you as the recipient award to an eligible subrecipient
ii. The term does not include your procurement of property and services needed to carry
out the project or program (for further explanation, see Sec. —.210 of the attachment to
OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit
Organizations ").
iii. A subaward may be provided through any legal agreement, including an agreement
that you or a subrecipient considers a contract
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the executive during
the recipient's or subrecipient's preceding fiscal year and includes the following (for more
information see 17 CFR 229.402(c)(2)):
i. Salary and bonus .
ii. Awards of stock, stock options, and stock appreciation rights . Use the dollar amount
recognized for financial statement reporting purposes with respect to the fiscal year in
accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004)
(FAS 123R), Shared Based Payments.
iii. Eamings for services under non-equity incentive plans . This does not include group
life, health, hospitalization or medical reimbursement plans that do not discriminate in
favor of executives, and are available generally to all salaried employees
iv. Change in pension value. This is the change in present value of defined benefit and
actuarial pension plans.
v. Above - market earnings on deferred compensation which is not tax - qualified .
vi. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the employee,
perquisites or property) for the executive exceeds $10,000.
14. Central Contractor Registration/Svstem for Award Management and Universal Identifier Requirements
A. Reauirement for Central Contractor Registration (CCR) /System for Award Management (SAM) Unless you are
exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your
information in the SAM until you submit the final financial report required under this award or receive the final
payment, whichever is later. This requires that you review and update the information at least annually after the
initial registration, and more frequently if required by changes in your information or another award term.
B. Reauirement for Data Universal Numbering System (DUNS) numbers If you are authorized to make
subawards under this award, you:
1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term)
may receive a subaward from you unless the entity has provided its DUNS number to you.
2. May not make a subaward to an entity unless the entity has provided its DUNS number to you.
C. Definitions For purposes of this award term:
1. Central Contractor Registration (CCR) /System for Award Management (SAM) means the Federal
repository into which an entity must provide information required for the conduct of business as a recipient.
Additional information about registration procedures may be found at the System for Award Management (SAM)
Internet site http: / /www.sam.gov.
2. Data Universal Numbering System (DUNS) number means the nine -digit number established and
assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify business entities. A DUNS number may be obtained
from D &B by telephone (currently 866 - 705 -5711) or the Internet (currently at htto: / /fedaov.dnb.com /webform)
C:
3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart
a. A Governmental organization, which is a State, local government, or Indian tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for - profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non - Federal
entity.
4. Subaward
a. This term means a legal instrument to provide support for the performance of any portion of
the substantive project or program for which you received this award and that you as the recipient award to an
eligible subrecipient.
b. The term does not include your procurement of property and services needed to carry out the
project or program (for further explanation, see Sec. - -.210 of the attachment to OMB Circular A -133, "Audits of
States, Local Governments, and Non -Profit Organizations ").
c. A subaward may be provided through any legal agreement, including an agreement that you
consider a contract.
5. Subrecioient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
15. REIMBURSEMENT LIMITATION
EPA's financial obligations to the recipient are limited by the amount of federal funding awarded to date as shown on line
15 in its EPA approved budget. If the recipient incurs costs in anticipation of receiving additional funds from EPA, it does
so at its own risk.
16. FY12 UNPAID FEDERAL TAX LIABILITIES AND FELONY CONVICTIONS
This award is subject to the provisions contained in the Department of Interior, Environment, and Related Agencies Appropriations
Act, 2012, HR 2055, Division E, Sections 433 and 434 (sections 433 and 434) regarding unpaid federal tax liabilities and federal
felony convictions. Accordingly, by accepting this award the recipient acknowledges that it: (1) is not subject to any unpaid Federal
tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that
is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, and (2)
has not been convicted (or had an officer or agent acting on its behalf convicted) of a felony criminal conviction under any Federal
law within 24 months preceding the award, unless EPA has considered suspension or debarment of the corporation, or such officer
or agent, based on these tax liabilities or convictions and determined that such action is not necessary to protect the Government's
interests. If the recipient fails to comply with these provisions, EPA will annul this agreement and may recover any funds the
recipient has expended in violation of sections 433 and 434.
17. Procurement
The cost of professional services contracts and /or small purchases procured in compliance with the minimum standards for
procurement under grants (see 40 CFR 31.36) are allowable costs for reimbursement with grant funds. No grant funds may used to
reimburse the federal share of any procurement action(s) found to be in noncompliance with the grant procurement regulations.
(Note: all project expenditures are deemed to include both the federal and nonfederal shares).
The recipient agrees to conduct all procurement actions under this assistance agreement in compliance with 40 CFR 31.36(b) -(k).
The recipient may follow their own procurement procedure which may reflect compliance with applicable State and Local laws,
regulations, ordinances, etc., provided that all procurement actions comply with the minimum standards for procurement under
assistance agreements per 40 CFR 31.36. The recipient agrees to submit to EPA for pre -award and /or post award review
procurement documents including, but not limited to: selection procedures, invitations for bids, independent cost estimates, requests
for qualifications and /or proposals, evaluation methodology and results, memorandum of review or negotiation, cost and /or price
analysis, proposed contract documents (prior to execution), disadvantaged business enterprise documentation, etc.
Programmatic Conditions
A. Grantee will provide bi- annual reports due every May 30 and November 30 that the grant is active.
B. Grantee is required to submit copies of all sub - agreements and contracts entered into via this agreement to the EPA
Officer within thirty (30) days of the agreement.
C. Grantee will only draw down funds on a monthly bases if progress is being made on the project but at least quarterly.
D. Grantee will provide an electronic presentation of their final findings at the debriefing. Presentation should be outlined
as those for scientific conferences. Presentation along with material must be submitted electronically.
E. Grantee must submit a Quality Assurance Project Plan for review and approval by EPA before any data is collected.
F. Key Personnel - The key personnel specified in this grant agreement are considered to be essential to work
performance. At least 30 days prior to diverting any of the specified individuals to other programs and /or non Wetland related
projects (or as soon as possible, if an individual must be replaced, for example, as a result of leaving the employment of the
Grantee), the Grantee shall notify EPA Project Officer and submit a new Key Personnel Form.
G. Technical Project Officer is Steve Blackburn.
Recipients subject to 40 C.F.R. Part 31
Performance Reports:
In accordance with 40 C.F.R. §31.40, the recipient agrees to submit performance reports that include brief information on each of
the following areas: 1) a comparison of actual accomplishments to the outputs /outcomes established in the assistance agreement
workplan for the period; 2) the reasons for slippage if established outputs /outcomes were not met; and 3) additional pertinent
information, including, when appropriate, analysis and
information of cost overruns or high unit costs.
In accordance with 40 C.F.R. § 31.40 (d), the recipient agrees to inform EPA as soon as problems, delays or adverse conditions
become known which will materially impair the ability to meet the outputs /outcomes specified in the assistance agreement work
plan.
Sufficient Proaress
EPA may terminate the assistance agreement for failure of the recipient to make sufficient progress so as to reasonably ensure
completion of the project within the project period, including any extensions. EPA will measure sufficient progress by examining the
performance required under the workplan in conjunction with the milestone schedule, the time remaining for performance within the
project period, and /or the availability of funds necessary to complete the project.
Leveraging
The recipient agrees to provide the proposed leveraged funding, including any voluntary cost share contribution or overmatch, that
is described in its proposal dated 06/04/12. (See also clause-below if the leveraging included a voluntary cost share contribution or
overmatch). If the proposed leveraging does not materialize during the period of award performance, and the recipient does not
provide a satisfactory explanation, the Agency may consider this factor in evaluating future proposals from the recipient. In addition,
if the proposed leveraging does not materialize during the period of award performance then EPA may reconsider the legitimacy of
the award; if EPA determines that the recipient knowingly or recklessly provided inaccurate information regarding the leveraged
funding the recipient described in its proposal dated 06/04/12, EPA may take action as authorized by 40 CFR Parts 30 or 31 and /or
2 CFR Part 180 as applicable.
Voluntary Cost Share or Overmatch
This award and the resulting federal funding share of 90.91 % as shown under "Notice of Award" above is based on estimated costs
requested in the recipient's application dated 06/04/12. Included in these costs is a voluntary cost share contribution by the recipient
in the form of a voluntary match or overmatch (providing more than any minimum required cost share ) that the recipient included in
its proposal dated 06/04/12. The recipient must provide this voluntary cost share contribution during performance of this award
unless the EPA agrees otherwise in a modification to this agreement. While actual total costs may differ from the estimates in the
recipient's application, EPA's participation shall not exceed the total amount of federal funds awarded.
If the recipient fails to provide the voluntary cost share contribution during the period of award performance, and does not provide a
satisfactory explanation, the Agency may consider this factor in evaluating future proposals from the recipient. In addition, if the
voluntary cost contribution does not materialize during the period of award performance then EPA may reconsider the legitimacy of
the award; if EPA determines that the recipient knowingly or recklessly provided inaccurate information regarding the leveraged
funding the recipient described in its proposal dated 06/04/12. EPA may take action as authorized by 40 CFR Parts 30 or 31 and /or
2 CFR Part 180 as applicable.