Item P3M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
July 19, 2017
Agenda Item Number: P.3
Agenda Item Summary #3198
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774
N/A
AGENDA ITEM WORDING: Approval to enter into Amendment No. 4 to EPA Canal Grant X7-
OOD40915 to provide a six month no cost time extension from July 31, 2017 to January 31, 2018.
ITEM BACKGROUND: The County applied for $170,921.75 in EPA grant funds for funding of
Phase IIIA of the Canal Management Master Plan, and offered $200,000 of match from the C83
canal restoration project. In the initial grant award document, EPA inadvertently listed the $200,000
as a contribution from the State instead of the County. This Amendment No. 4 approves an
additional six months of time at no cost, from July 31, 2017 to January 31, 2018. The time extension
is necessary to provide time for selecting the list of canals characterizing sediment thickness in 15
canals and analyzing the physiochemical properties of the selected canals substrate. Monroe County
will complete all tasks by the extension deadline.
PREVIOUS RELEVANT BOCC ACTION:
06- 15 -16: Approval of a $370,921.75 Grant application to be submitted June 28, 2016 to the
Environmental Protection Agency (EPA) for a Grant to fund Phase IIIA of a County -wide canal
improvement masterplan, of which $170,921.75 would be funded by EPA and $200,000 is offered as
a match from the County for the budgeted combination muck removal /backfilling project on Canal
#83; and waiver of purchasing policy and procedure to allow AMEC to prepare and submit the grant
application on behalf of the County; and waiver of purchasing policies and procedures and awarding
of the grant work to AMEC as the Contractor under our existing contract to perform the work if the
County is awarded the funds under the grant.
11- 17 -15: Approval to enter into Amendment No. 1 to the EPA Grant Agreement to increase the
grant amount by $15,001 to correspond to the Grant Agreement's original total amount of
$73,909.66
10- 21 -15: Approval to enter into Grant Agreement X7- 001340915 -0 for $73,909.66 for the
development of 4 Tasks related to alternative technologies, reuse of muck and identification of
funding mechanisms for canal restoration.
06- 11 -14: Approval of a $200,000 EPA grant application, requesting $100,000 in grant funds and
offering a $100,000 cash match as one of the demo projects and an additional $59,160 in in -kind
services.
12- 14 -16: Approval to enter into Amendment No. 2 to EPA Canal Grant X7- 001340915 to provide
grant funding to the County in the amount of $110,582.00 to partially fund the $170,921.75 cost of
Phase IHA of the Canal Management Master Plan; and approve using $200,000 of the $1,524,040
cost of the canal #83 combination muck removal / backfilling project as a match for the grant.
02/15/17: Approval to enter into Amendment No. 3 to EPA Canal Grant X7- 001340915 to approve
an administrative amendment to correct a line item in the grant which erroneously states the State
provided the $200,000 match instead of the County.
CONTRACT /AGREEMENT CHANGES:
No cost time extension
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Notice of Award X7- OOD40915 -4 County of Monroe Canal
EPA Notice of Award AMENDMENT Recipient Contribution Revision
Notice of Award X7- OOD40915 -2 Monroe County Canal
FINANCIAL IMPACT:
Effective Date: July 19, 2017 Expiration Date: January 31, 2018
Total Dollar Value of Grant Award: $110,582 + $200,000 C83 Project match = $310,582.
Total Cost to County: N/A for this amendment
Current Year Portion: 100%
Budgeted: Not applicable as to this amendment Source of Funds: N/A CPI: No
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: N/A If yes, amount: N/A
Grant: Yes
County Match: N/A for this amendment
Insurance Required: N/A for this amendment
Additional Details:
REVIEWED BY:
Rhonda Haag Completed 07/09/2017 11:33 AM
Pedro Mercado Completed 07/10/2017 9:11 AM
Budget and Finance Completed 07/10/2017 9:25 AM
Maria Slavik Completed 07/10/2017 9:23 AM
Kathy Peters Completed 07/10/2017 9:29 AM
Board of County Commissioners Pending 07/19/2017 9:00 AM
X7 - OOD40915 - 4 Page 1
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GRANT NUMBER (FAIN): OOD40915
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U.S. ENVIRONMENTAL
MODIFICATION NUMBER: 4
DATE OF AWARD
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PROGRAM CODE: X7
06/29/2017
TYPE OF ACTION
MAILING DATE
PROTECTION AGENCY
s r`"
No Cost Amendment
06/29/2017
Assistance Amendment
PAYMENT METHOD:
ASAP
ACH#
40959
PROS
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 a time extension of the budget and project period end date from 07/31/2017 to 01 /31/2018 to provide the County of Monroe, Florida
additional time to achieve the goals in their work plan.
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
08/31/2015 - 01/31/2018
08/31/2015 - 01/31/2018
$497,424.00
I $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 $0. EPA agrees to cost -share 37.00 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
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, th
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 provision
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 Kenny Richardson - Grants Management Specialist
DATE
06/29/2017
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EPA Funding Information X7 - OOD40915 - 4 Page
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$ 184,492
$ 0
$ 184,492
EPA In -Kind Amount
$ 0
$
$ 0
Unexpended Prior Year Balance
$ 0
$
$ 0
Other Federal Funds
$ 0
$
$ 0
Recipient Contribution
$ 200,000
$
$ 200,000
State Contribution
$ 0
$
$ 0
Local Contribution
$ 0
$
$ 0
Other Contribution
$ 0
$
$ 0
Allowable Project Cost
$ 384,492
$ 0
$ 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
Object
Class
2 CFR 1500 and 40 CFR 33
Clean Water Act
Obligation /
Deobligation
Fiscal
Site Name
Req No
FY
Approp.
Code
Budget
Organization
PRC
Object
Class
Site /Project
Cost
Organization
Obligation /
Deobligation
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Budget Summary Page: FY16 Supplemental Budget
X7 - OOD40915 - 4 Page 3
Table A - Object Class Category
(Non- construction)
Total Approved Allowable
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 63.00 % Federal 37.00 %.)
$497,424
12. Total Approved Assistance Amount
$184,492
13. Program Income
$0
14. Total EPA Amount Awarded This Action
$0
15. Total EPA Amount Awarded To Date
$184,492
Administrative Conditions
All Administrative Conditions Remain the Same
Programmatic Conditions
X7 - OOD40915 - 4 Page 4
All Programmatic Conditions Remain the Same
X7 - OOD40915 - 3 Page 1
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GRANT NUMBER (FAIN): OOD40915
,so"
U.S. ENVIRONMENTAL
MODIFICATION NUMBER: 3
DATE OF AWARD
;�
PROGRAM CODE: X7
01/18/2017
TYPE OF ACTION
MAILING DATE
PROTECTION AGENCY
s r`"
No Cost Amendment
01/18/2017
Assistance Amendment
PAYMENT METHOD:
ASAP
ACH#
40959
PROS
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 an administrative amendment to correct /move line item "State Contribution" of $200,000 to "Recipient Contribution ". This was place in
wrong line item on the initial award action.
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 $0. EPA agrees to cost -share 37.00 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
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, th
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 provisior
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 Kenny Richardson - Grants Management Specialist
DATE
01/18/2017
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EPA Funding Information X7 - OOD40915 - 3 Page
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$ 184,492
$ 0
$ 184,492
EPA In -Kind Amount
$ 0
$
$ 0
Unexpended Prior Year Balance
$ 0
$
$ 0
Other Federal Funds
$ 0
$
$ 0
Recipient Contribution
$ 200,000
$
$ 200,000
State Contribution
$
$
$ 0
Local Contribution
$ 0
$
$ 0
Other Contribution
$ 0
$
$ 0
Allowable Project Cost
$ 384,492
$ 0
$ 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
Object
Class
2 CFR 1500 and 40 CFR 33
Clean Water Act
Obligation /
Deobligation
Fiscal
Site Name
Req No
FY
Approp.
Code
Budget
Organization
PRC
Object
Class
Site /Project
Cost
Organization
Obligation /
Deobligation
0-
0.
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6J3
Budget Summary Page: FY16 Supplemental Budget
X7 - OOD40915 - 3 Page 3
Table A - Object Class Category
(Non- construction)
Total Approved Allowable
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 63.00 % Federal 37.00 %.)
$497,424
12. Total Approved Assistance Amount
$184,492
13. Program Income
$0
14. Total EPA Amount Awarded This Action
$0
15. Total EPA Amount Awarded To Date
$184,492
Administrative Conditions
GENERAL TERMS AND CONDITIONS
X7 - OOD40915 - 3 Page 4
The recipient agrees to comply with the current EPA general terms and conditions available at:
https: / /www.epa.gov /grants /epa- general- terms - and -cond iti o ns-effe ctive-octo be r-3-201 6-o r- 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:
httD: / /www.eDa.aov /arants /arant- terms - and - conditions.
All Other Administrative Conditions Remain the Same
Programmatic Conditions
All Programmatic Conditions Remain the Same
X7 - OOD40915 - 2 Page 1
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GRANT NUMBER (FAIN): OOD40915
,so"
U.S. ENVIRONMENTAL
MODIFICATION NUMBER: 2
DATE OF AWARD
;�
PROGRAM CODE: X7
09/29/2016
TYPE OF ACTION
MAILING DATE
PROTECTION AGENCY
s r`"
Augmentation: Increase
10/06/2016
Assistance Amendment
PAYMENT METHOD:
ASAP
ACH#
40959
PROS
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 Initiat
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 exceedin(
total federal funding of $184,492. Recipient's signature is not required on this agreement. The recipient demonstrates its commitment to carry out this awarc
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
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, th
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 provisior
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
09/29/2016
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EPA Funding Information X7 - OOD40915 - 2 Page
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
Object
Class
2 CFR 1500 and 40 CFR 33
Clean Water Act
Obligation /
Deobligation
Fiscal
Site Name
Req No
FY
Approp.
Code
Budget
Organization
PRC
Object
Class
Site /Project
Cost
Organization
Obligation /
Deobligation
1604TC6034
1617
B
04TOORR
202BK2
4183
110,58:
110, 58:
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Budget Summary Page: FY16 Supplemental Budget
X7 - OOD40915 - 2 Page 3
Table A - Object Class Category
(Non- construction)
Total Approved Allowable
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
Administrative Conditions
The following Administrative Conditions are revised:
1. GENERAL TERMS AND CONDITIONS
X7 - OOD40915 - 2 Page 4
The recipient agrees to comply with the current EPA general terms and conditions available at:
https / /www /grants /ep - general - terms -and- conditions - effective- march - 29 201 -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 x/ /www. x gov/grants/grant- 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 1 B
of the form. For the final report, recipients are instructed to check the box indicated for the "last report" of
the project in section 1 B 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:
R4epagrantsmbewbereportinq�a epa.gov
cc: richardson.kenn epa. ®v
Attn: Kenny Richardson
The current EPA Form 5700 -52A can be found at the EPA Office of Small Business Program's Home
Page at bitp://www.epa.gov/osb p /dbe reportin .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/ monitoring /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 Generatinq 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 /fem/lab or a copy may also be requested by contacting the EPA project
officer for this
award.
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