Item M31
CM
ounty of onroe
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem David Rice, District 4
TheFloridaKeys
Danny L. Kolhage, District 1
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
December 14, 2016
Agenda Item Number: M.3
Agenda Item Summary #2018
BULK ITEM: DEPARTMENT:
Yes Sustainability
TIME APPROXIMATE:STAFF CONTACT:
Rhonda Haag (305) 453-8774
N/A
AGENDA ITEM WORDING:
Approval to enter into Amendment No. 2 to EPA Canal Grant X7-
00D40915 to provide grant funding to the County in the amount of $110,582.00 to partially fund the
$170,921.75 cost of Phase IIIA 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.
ITEM BACKGROUND:
The County applied for $170,921.75 in EPA grant funds for 100%
funding of the proposed tasks for Phase IIIA of the Canal Management Master Plan. EPA has
offered a partial grant of $110,582.30, and is amending the existing EPA canal grant X7-00D40915
to provide the additional $110,582.30 in funds.
In response to the $60,339.45 gap in grant funding, staff has reduced the resulting work to be
awarded to the consultant (AMEC) from $170,921.75 to $127,611.75. This was done by removing
grant Task 3 Design of conceptual restoration plans for 15 canals that have demonstrated
extremely poor water quality Evaluation of Strategies to reduce costs as part of a
county wide implementation of canal restoration technologies. The differential in cost for the
remaining tasks is now $17,029.45, which is available from the remaining budgeted infrastructure
funds set aside for canal restoration purposes. In the event additional EPA funding is provided in the
future, Task 3 and Task 4 work may be performed at that time.
The Water Quality Protection Program (WQPP) Action Plan of the Florida Keys National Marine
Sanctuary (FKNMS) identifies impaired water quality in residential canals as a priority for
corrective action (FDEP, 2013). Of the 502 residential canals in the Keys 311 do not meet the
State's water quality standards and are a source of nutrients and other pollutants to near shore waters.
Combining the information, Monroe County now knows the size, shape, depth and number of turns
for each o
information needed to effectively expand the canal restoration program, beyond its current
demonstration phase, to a countywide initiative.
The County learned of the grant availability on May 19, 2016 and the grant application was
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submitted by June 28, 2016. The grant application required that the County name the principles that
will be involved in grant work. AMEC was identified as the design engineer to provide the work.
Four tasks were included to address the identified data gaps, as follows:
1.Collection of expanded Dissolved Oxygen (DO) data for all Fair and Poor ranked canals.
2.Collection of sediment cores from a subset of canals that have documented organic detritus
bottom sediment loading greater than 0.75 feet in thickness to evaluate the potential for
reusing canal sediments in their planning and cost evaluation.
3.[Note: Task 3 will not be performed at this time due to the funding reduction.] Design of
conceptual restoration plans for 15 canals that have demonstrated extremely poor water
quality.
4.[Note: Task 4 will not be performed at this time due to the funding reduction.] Evaluation of
strategies to reduce costs as part of a countywide implementation of canal restoration
technologies.
In addition, the County's match includes:
1.County funding for the assessment and design of a canal restoration project (Canal #83)
including the characterization of sediment.
The outputs for the work include:
A.Confirmation of the canal rankings for poor and fair ranked canals and verification that the
rankings would not be altered using the new FDEP standard for Dissolved Oxygen.
B.Assist in determining the cost of removing decaying organic matter from all the canalswhich
could potentially benefit from the restoration effort.
C.[Note: not being performed at this time]. Develop conceptual designs for 15 canals with
some of the poorest water quality in the Florida Keys using both traditional and alternative
technologies.
D.[Note: not being performed at this time]. Develop cost saving strategies which could lead to
Monroe County getting greater value for the limited funds they have available.
E.Improved dissolved oxygen (DO) in residential canal C83 in Key Largo.
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
$73,909.66
10-21-15
: Approval to enter into Grant Agreement X7-00D40915-0 for $73,909.66 for the
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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.
CONTRACT/AGREEMENT CHANGES:
Adding CMMP Phase IIIA Masterplanning Work to existing EPA grant
STAFF RECOMMENDATION:
Approval
DOCUMENTATION:
Notice of Award X7-00D40915-2 Monroe County Canal
FINANCIAL IMPACT:
Effective Date: Expiration Date:
December 14, 2016July 31, 2017
Total Dollar Value of Grant Award:
$110,582 + $200,000 C83 Project match = $310,582.
Total Cost to County:
$17,029.45 Task cash differential
Current Year Portion:
100%
Budgeted:
Yes as to the $17,029.45 required for the Task cash match and the $200,000 in C83
Project cash match.
Source of Funds:
$110,582 - EPA Grant Income Funds
CPI:
No
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing If yes, amount:
: Yes$110,582
Grant:
Yes
County Match
: $17,029.45 cash match to cover the differential in Task costs. Plus $200,000 is
being provided as a project match cost from the $1.5M cost of the canal 83 combination muck
removal / backfilling project.
Insurance Required:
Additional Details:
REVIEWED BY:
Rhonda Haag Completed 11/23/2016 12:20 PM
Pedro Mercado Completed 11/23/2016 4:48 PM
Budget and Finance Completed 11/28/2016 9:47 AM
Maria Slavik Completed 11/28/2016 9:50 AM
Kathy Peters Completed 11/28/2016 12:02 PM
Board of County Commissioners Pending 12/14/2016 9:00 AM
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Monroe County Monroe County
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Key West, FL 33040 Key West, FL 33040
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Rhonda Haag Jennifer Shadle Kenny Richardson
102050 Overseas Hwy. 2-212 61 Forsyth Street Grants and Audit Management Section
Key Largo, FL: Florida 33037Atlanta, GA 30303-8960
)1EMP richardson.kenny@epa.gov
)1EMP haag-rhonda@monroecounty-fl.gov)1EMP shadle.ennifer@epa.gov
j4LSRI 404-562-9021
4LSRI 305-453-87744LSRI 404-562-9436
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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.
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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.
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Statutory Authority Regulatory Authority
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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
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Administrative Conditions
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The recipient agrees to comply with the current EPA general terms and conditions available at:
https://www.epa.gov/grants/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/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
EXGJHWHGIRUGLUHFWSURFXUHPHQWE\WKHUHFLSLHQWRUSURFXUHPHQWXQGHUVXEDZDUGVRUORDQVLQWKH³2WKHU´
category that exceed the threshold amount of $150,000, including amendments and/or modifications.
%DVHGRQ(3$¶VUHYLHZRIWKHSODQQHGEXGJHWWKLVDZDUGPHHWVWKHFRQGLWLRQVDERYHDQG 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.
7KHUHFLSLHQWDJUHHVWRFRPSOHWHDQGVXEPLWD³0%(:%(8WLOL]DWLRQ8QGHU)HGHUDO*UDQWV&RRSHUDWLYH
$JUHHPHQWVDQG,QWHUDJHQF\$JUHHPHQWV´UHSRUW (3$)RUP$
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procurement actions are reportable, not just that portion which exceeds $150,000.
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RIWKHIRUP)RUWKHILQDOUHSRUWUHFLSLHQWVDUHLQVWUXFWHGWRFKHFNWKHER[LQGLFDWHGIRUWKH³ODVWUHSRUW´RI
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the project in section 1B of the form. Annual reports are due by October 30 of each year. Final reports
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are due by October 30 or 90 days after the end of the project period, whichever comes first.
The reporting requirement is based on total procurements. Recipients with expended and/or budgeted
funds for procurement are required to report annually whether the planned procurements take place
during the reporting period or not. If no budgeted procurements take place during the reporting period, the
recipient should check the box in section 5B when completing the form.
MBE/WBE reports should be sent to:
R4epagrantsmbewbereporting@epa.gov
cc: richardson.kenny@epa.gov
Attn: Kenny Richardson
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7KHFXUUHQW(3$)RUP$FDQEHIRXQGDWWKH(3$2IILFHRI6PDOO%XVLQHVV3URJUDP¶V+RPH
://www.epa.gov/osbp/dbe_reporting.htm
Page at http
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
7KHGROODUDPRXQWRIWKLVDVVLVWDQFHDJUHHPHQWRUWKHWRWDOGROODUDPRXQWRIDOORIWKHUHFLSLHQW¶VILQDQFLDO
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:
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(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.
*)()6%0*-2%2'-%06)4368
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
8LIJSPPS[MRK4VSKVEQQEXMG'SRHMXMSRWLEZIFIIRVIZMWIH
6ITSVXMRK6IUYMVIQIRXW: In accordance with 2 CFR 200.328(b)(2), the recipient agrees to submit
1.
semi-annual performance progress reports which include brief information on the following areas with
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documentation on activities and results, throughout the life of the grant which includes time extensions.
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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.
)4% W7YFWXERXMEP-RZSPZIQIRX
– In accordance with the EPA Order 5700.1, Section 7(b)(1), the
2.
agreement is being awarded as a grant agreement because EPA's has no direct benefit or substantial
involvement in this project.
5YEPMX]%WWYVERGI
–In accordance to 40 CFR 31.45 Quality Assurance, the grantee will submit
3.
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(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
://www.epa.gov/owow/monitoring/nationalsurveys.html. The QAPP must be either conditionally
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approved or approved in order for the grantee to collect data under this grant for this project.
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– 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.
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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.
)PIGXVSRMGERH-RJSVQEXMSR8IGLRSPSK]%GGIWWMFMPMX]
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
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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).
7YTTPMIW Per 2 CFR 200.314 (a) Title to supplies will vest in the non-Federal entity upon acquisition. If
7.
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.
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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.
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(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
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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.
0IZIVEKMRK The recipient agrees to provide the proposed leveraged funding, including any
voluntary cost-share contribution or overmatch, that is described in its proposal dated 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 EPA may take action as authorized by 40 CFR Parts 30 or 31
and/or 2 CFR Part 180 as applicable.
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This award and the resulting federal funding of is based on estimated costs requested in the
recipient’s application dated Included in these costs is a voluntary costshare contribution of
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 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
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.
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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
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award.
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