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2nd Modification 12/14/2016 X7- 00D40915 -2 Page 1 �c GRANT NUMBER (FAIN): 00D40915 'SD U.S. ENVIRONMENTAL MODIFICATION NUMBER: 2 DATE OF AWARD • PROGRAM CODE: X7 09/29/2016 (kria PROTECTION AGENCY Assistance Amendment TYPE OF ACTION MAILING DATE Augmentation: Increase 10/06/2016 PAYMENT METHOD: ACH# ASAP 40959 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 Jennifer Shadle Kenny Richardson 102050 Overseas Hwy. 2 -212 61 Forsyth Street Grants and Audit Management Section Key Largo, FL: Florida 33037 Atlanta, GA 30303 -8960 E - Mail: richardson.kenny @epa.gov E - Mail: haag- rhonda @monroecounty -fl.gov E - Mail: shadle.jennifer @epa.gov Phone: 404-562-9021 Phone: 305-453-8774 Phone: 404-562-9436 PROJECT TITLE AND EXPLANATION OF CHANGES Water Quality Monitoring This action approves additional funding in the amount of $110,582 to continue to assist the State of Florida's Monroe County support the South Florida Initiative. This project addresses re- evaluating 306 canals not meeting the Dissolved Oxygen (DO) standard, collecting DO and core sediment samples and analyzing, canal restoration, and conceptual design for 15 canals. This actiona also extends the budget/project end date through July 31, 2017. BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 08/31/2015 - 07/31/2017 08/31/2015 - 07/31/2017 $497,424.00 $497,424.00 NOTICE OF AWARD Based on your Application dated 06/24/2016 including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA) hereby awards $110,582. EPA agrees to cost -share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $184,492. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by either: 1) drawing down funds within 21 days after the EPA award or amendment mailing date; or 2) not filing a notice of disagreement with the award terms and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the authorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official within 21 days after the EPA award or amendment mailing date. In case of disagreement, and until the disagreement is resolved, the recipient should not draw down on the funds provided by this award /amendment, and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions, 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 Keva R. Lloyd - Grants Managment Officer DATE 1 09/29/2016 EPA Funding Information X7- 00D40915 -2 Paget FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ 73,910 $ 110,582 $ 184,492 EPA In -Kind Amount $ 0 $ $ 0 Unexpended Prior Year Balance $ 0 $ $ 0 Other Federal Funds $ 0 $ $ 0 Recipient Contribution $ 0 $ $ 0 State Contribution $ 0 $ 200,000 $ 200,000 Local Contribution $ 0 $ 0 $ 0 Other Contribution $ 0 $ $ 0 Allowable Project Cost $ 73,910 $ 310,582 $ 384,492 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.436 - Surveys- Studies - Investigation Grants and Clean Water Act: Sec. 104(b)(3) 2 CFR 200 — Cooperative Agreements- Section 104(b)(3) of the 2 CFR 1500 and 40 CFR 33 — Clean Water Act Fiscal Site Name Req No FY Approp. Budget PRC Object Site /Project Cost Obligation / Code Organization Class Organization Deobligation - 1604TC6034 1617 B 04TOORR 202BK2 4183 - - 110,582 110,582 X7 - 00D40915 - 2 Page 3 Budget Summary Page: FY16 Supplemental Budget Table A - Object Class Category Total Approved Allowable (Non- construction) Budget Period Cost 1. Personnel $0 2. Fringe Benefits $0 3. Travel $0 4. Equipment $0 5. Supplies $0 6. Contractual $497,424 7. Construction $0 8. Other $0 9. Total Direct Charges $497,424 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $497,424 12. Total Approved Assistance Amount $497,424 13. Program Income $0 14. Total EPA Amount Awarded This Action $110,582 15. Total EPA Amount Awarded To Date $184,492 X7 - 00D40915 - 2 Page 4 Administrative Conditions The following Administrative Conditions are revised: 1. GENERAL TERMS AND CONDITIONS The recipient agrees to comply with the current EPA general terms and conditions available at: https: / /www.epa.gov /qrants /epa- general- terms - and - conditions- effective - march -29- 2016 -or -later These terms and conditions are in addition to the assurances and certifications made as part of the award and the terms, conditions or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at: http : / /www.epa.gov /qrants /qrant- terms - and - conditions. The applicable terms and conditions below are in addition to the general terms and conditions noted above: 2. UTILIZATION OF SMALL, MINORITY AND WOMEN'S BUSINESS ENTERPRISES GENERAL COMPLIANCE, 40 CFR, Part 33 The recipient agrees to comply with the requirements of EPA's Disadvantaged Business Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40 CFR, Part 33. MBE/WBE REPORTING, 40 CFR, Part 33, Subpart E MBE/WBE reporting is required in annual reports. 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 threshold amount of $150,000, including amendments and /or modifications. Based on EPA's review of the planned budget, this award meets the conditions above and is subject to the Disadvantaged Business Enterprise (DBE) Program reporting requirements. However, if recipient believes this award does not meet these conditions, it must provide the Regional MBE/WBE Coordinator with a justification and budget detail within 21 days of the award date clearly demonstrating that, based on the planned budget, 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 and Interagency Agreements" report (EPA Form 5700 -52A) on an annual basis. All procurement actions are reportable, not just that portion which exceeds $150,000. When completing the annual report, recipients are instructed to check the box titled "annual" in section 1B of the form. For the final report, recipients are instructed to check the box indicated for the "last report" of the project in section 1B of the form. Annual reports are due by October 30' of each year. Final reports are due by October 30 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: R4epagrantsmbewbereporting (@epa.gov cc: richardson.kenny @epa.gov Attn: Kenny Richardson The current EPA Form 5700 -52A can be found at the EPA Office of Small Business Program's Home Page at http: / /www.epa.gov /osbp /dbe reporting.htm 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 Share Objectives negotiation as described in 40 CFR Part 33 Subpart D and explained below. 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 participation in procurement under the financial assistance agreements. In accordance with 40 CFR, Section 33.411 some recipients may be exempt from the fair share objectives requirements described in 40 CFR, Part 33, Subpart D. Recipients should work with their DBE coordinator, if they think their organization may qualify for an exemption. Current Fair Share Objective /Goal The dollar amount of this assistance agreement or the total dollar amount of all of the recipient's financial assistance agreements in the current federal fiscal year from EPA is $250,000, or more. The FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION has negotiated the following, applicable MBE/WBE fair share objectives /goals with EPA as follows: MBE: CONSTRUCTION 9 %; SUPPLIES 9 %; SERVICES 9 %; EQUIPMENT 9% WBE: CONSTRUCTION 3 %; SUPPLIES 3 %; SERVICES 3 %; EQUIPMENT 3% Negotiating Fair Share Objectives /Goals In accordance with 40 CFR, Part 33, Subpart D, established goals /objectives remain in effect for three fiscal years unless there are significant changes to the data supporting the fair share objectives. The recipient is required to follow requirements as outlined in 40 CFR Part 33, Subpart D when renegotiating the fair share objectives /goals. The submission of proposed fair share goals with the supporting analysis or disparity 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 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. Objective /Goals of Loan Recipients As a recipient of an EPA financial assistance agreement to capitalize revolving loan funds, the recipient agrees to either apply its own fair share objectives negotiated with EPA to identified loans using a substantially similar relevant geographic market, or negotiate separate fair share objectives with its identified loan recipients. These separate objectives /goals must be based on demonstrable evidence of the availability of MBEs and WBEs in accordance with 40 CFR, Part 33, Subpart D. The recipient agrees that if procurements will occur over more than one year, the recipient may choose to apply the fair share objective in place either for the year in which the identified loan is awarded or for the year in which the procurement action occurs. The recipient must specify this choice in the financial assistance agreement, or incorporate it by reference therein. 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) Ensure 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. 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. 3. FEDERAL FINANCIAL REPORT Annual FFR (interim) pursuant to 2 CFR 200.327, EPA recipients shall submit an interim annual Federal Financial Report (FFR, SF -425) to EPA no later than 90 calendar days following the anniversary of the award date. The form is available on the internet at: http: / /www2.epa.gov /financial /forms. The following reporting period end dates shall be used for interim annual reports: 3/31, 6/30, 9/30, or 12/31 At the end of the project, the recipient must submit a final FFR to EPA no later than 90 calendar days after the end of the project period. The form is available on the Internet at: http: / /www2.epa.gov /financial /forms. All FFRs must be submitted to the Las Vegas Finance Center (LVFC) via email C- grants @epa.gov. Programmatic Conditions The following Programmatic Conditions have been revised: 1. Reporting Requirements: In accordance with 2 CFR 200.328(b)(2), the recipient agrees to submit semi - annual performance progress reports which include brief information on the following areas with documentation on activities and results, throughout the life of the grant which includes time extensions. The Semi - Annual reports are due March 31 and September 30 and should include the following: 1) a comparison of actual accomplishments to the outputs /outcomes established in the assistance agreement work plan for the period and environmental results; 2) the reasons for slippage, if established outputs /outcomes were not met; and 3) additional pertinent information as appropriate on difficulties encountered and changes in anticipated action. In accordance with 2 CFR 200.328(d)(1), the recipient agrees to inform the Project Officer as soon as problems or adverse conditions become known that will materially impair the recipient's ability to meet the outputs /outcomes and schedule specified in the approved grant work plan. To meet reporting requirements under 2 CFR 200.328(a)(2)(i) "The final performance report will be due 90 calendar days after the period of performance end date ". Therefore, the grantee will submit a final report on progress in implementing this project by December 31, 2018 to the Project Officer. 2. EPA's Substantial Involvement— In accordance with the EPA Order 5700.1, Section 7(b)(1), the agreement is being awarded as a grant agreement because EPA's has no direct benefit or substantial involvement in this project. 3. Quality Assurance — In accordance to 40 CFR 31.45 Quality Assurance, the grantee will submit prior to the data collection (if a QAPP is not already EPA approved), to the EPA Project Officer a copy of all revisions to supporting documentation of its internal review and approval process for the Section 106 Clean Water Act (CWA) Quality Assurance Plan (QAPP) to the EPA Project Officer. Information regarding EPA's Quality System for Environmental Data and Technology can be found at http://www.epa.qov/owow/monitorinq/nationalsurveys.html. The QAPP must be either conditionally approved or approved in order for the grantee to collect data under this grant for this project. 4. Sufficient Progress — In accordance with GPI 11 -01 "Managing Unliquidated Obligations and Ensuring Progress under EPA Assistance Agreements" dated September 28, 2012, EPA may terminate the assistance agreement for failure of the recipient to make sufficient progress on work and on drawing down funds 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 work plans in conjunction with the milestone schedule, the time remaining for performance within the project period, the availability of funds necessary to complete the project, and whether draw down is commensurate with work progress. 5. Geospatial Data - In accordance with Circular A -16 and CIO Policy Transmittal 05 -002, all geospatial data created must be consistent with Federal Geographic Data Committee (FGDC) endorsed standards. Information on these standards may be found at www.fgdc.gov. 6. Electronic and Information Technology Accessibility: Recipients and subrecipients are subject to the program accessibility provisions of Section 504 of the Rehabilitation Act, codified in 40 CFR Part 7, which includes an obligation to provide individuals with disabilities reasonable accommodations and an equal and effective opportunity to benefit from or participate in a program, including those offered through electronic and information technology ( "EIT "). In compliance with Section 504, EIT systems or products funded by this award must be designed to meet the diverse needs of users (e.g., U.S. public, recipient personnel) without barriers or diminished function or quality. Systems shall include usability features or functions that accommodate the needs of persons with disabilities, including those who use assistive technology. At this time, the EPA will consider a recipient's websites, interactive tools, and other EIT as being in compliance with Section 504 if such technologies meet standards established under Section 508 of the Rehabilitation Act, codified at 36 CFR Part 1194. While Section 508 does not apply directly to grant recipients, we encourage recipients to follow either the 508 guidelines or other comparable guidelines that concern accessibility to EIT for individuals with disabilities. Recipients may wish to consult the latest Section 508 guidelines issued by the US Access Board or W3C's Web Content Accessibility Guidelines (WCAG) 2.0 (see http: / /www. access - board .gov /sec508 /guide /index.htm). 7. Supplies: Per 2 CFR 200.314 (a) Title to supplies will vest in the non - Federal entity upon acquisition. If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other Federal award, the non - Federal entity must retain the supplies for use on other activities or sell them, but must, in either case, compensate the Federal Government for its share. The amount of compensation must be computed in the same manner as for equipment. See §200.313 Equipment, paragraph (e)(2) for the calculation methodology. 8. Revisions of Budget and Project Plans: Per 2 CFR 200.308 (b) Recipients are required to report deviations from budget or project scope or objective, and request prior approvals from Federal awarding agencies for budget and program plan revisions, in accordance with this section. Programmatic Requirement: Recipients are requested to submit the appropriate 424A and budget object class category sheets for review and approval for any changes >10% of the total approved budget. (c)(1) For non - construction Federal awards, recipients must request prior approvals from Federal awarding agencies for one or more of the following program or budget - related reasons: (i) Change in the scope or the objective of the project or program (even if there is no associated budget revision requiring prior written approval). (ii) Change in a key person specified in the application or the Federal award. (iii) The disengagement from the project for more than three months, or a 25 percent reduction in time devoted to the project, by the approved project director or principal investigator. (iv) The inclusion, unless waived by the Federal awarding agency, of costs that require prior approval in accordance with Subpart E —Cost Principles of this part or 45 CFR part 75 Appendix IX, "Principles for Determining Costs Applicable to Research and Development under Awards and Contracts with Hospitals," or 48 CFR part 31, "Contract Cost Principles and Procedures," as applicable. (v) The transfer of funds budgeted for participant support costs as defined in §200.75 Participant support costs to other categories of expense. (vi) Unless described in the application and funded in the approved Federal awards, the subawarding, transferring or contracting out of any work under a Federal award, including fixed amount subawards as described in §200.332 Fixed amount subawards. This provision does not apply to the acquisition of supplies, material, equipment or general support services. (vii) Changes in the approved cost - sharing or matching provided by the non - Federal entity. (viii) The need arises for additional Federal funds to complete the project. 9. Cvbersecurity Grant Condition for Other Recipients Including Intertribal Consortia (a) The recipient agrees that when collecting and managing environmental data under this assistance agreement, it will protect the data by following all applicable State or Tribal law cybersecurity requirements. (b) (1) EPA must ensure that any connections between the recipient's network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure. For purposes of this Section, a connection is defined as a dedicated persistent interface between an Agency IT system and an external IT system for the purpose of transferring information. Transitory, user - controlled connections such as website browsing are excluded from this definition. If the recipient's connections as defined above do not go through the Environmental Information Exchange Network or EPA's Central Data Exchange, the recipient agrees to contact the EPA Project Officer (PO) no later than 90 days after the date of this award and work with the designated Regional /Headquarters Information Security Officer to ensure that the connections meet EPA security requirements, including entering into Interconnection Service Agreements as appropriate. This condition does not apply to manual entry of data by the recipient into systems operated and used by EPA's regulatory programs for the submission of reporting and /or compliance data. (2) The recipient agrees that any subawards it makes under this agreement will require the subrecipient to comply with the requirements in (b)(1) if the subrecipient's network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. The recipient will be in compliance with this condition: by including this requirement in subaward agreements; and during subrecipient monitoring deemed necessary by the recipient under 2 CFR 200.331(d), by inquiring whether the subrecipient has contacted the EPA Project Officer. Nothing in this condition requires the recipient to contact the EPA Project Officer on behalf of a subrecipient or to be involved in the negotiation of an Interconnection Service Agreement between the subrecipient and EPA. 10. 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 6/28/2016. 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 6/28/2016, 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 of $170,922 is based on estimated costs requested in the recipient's application dated 6/28/2016. Included in these costs is a voluntary cost -share contribution of $200,000, by the recipient in the form of a voluntary cost -share or overmatch (providing more than any minimum required cost -share ) that the recipient included in its proposal dated 6/28/2016. 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 -share 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 voluntary cost -share or overmatch the recipient described in its proposal dated 6/28/2016, EPA may take action as authorized by 40 CFR Parts 30 or 31 and /or 2 CFR Part 180 as applicable.T &Cs remain the same. Except the semi- annual reporting requirement will include the adjusted reporting dates to include through the end of the new project end date. Competency of Organizations Generating Environmental Measurement Data (Alternate 1) In accordance with Agency Policy Directive Number FEM- 2012 -02, Policy to Assure the Competency of Organizations Generating Environmental Measurement Data under Agency- Funded Assistance Agreements, Recipient agrees that if the total federal funding obligated on this award exceeds $200,000 and will involve the use or generation of environmental data it will (unless it has otherwise done so) demonstrate competency prior to carrying out any activities involving the generation or use of environmental data under this agreement. Recipient shall then maintain competency for the remainder of the project period of this agreement and document this during the annual reporting process. A copy of the Policy is available online at http: / /www.epa.gov /fem /lab comp.htm or a copy may also be requested by contacting the EPA project officer for this award.