Item O3lrl
Co �� Mope
; c'�' r �
�� r� "' 4
BOARD OF COUNTY COMMISSIONERS
,- � +
Mayor David Rice, District 4
Mayor Pro Tem Sylvia J. Murphy, District 5
IleOI1da Keys
Fl
m
�� u 1 , i
zm
Danny L. Kolhage, District 1
. �,
George Neugenf District 2
Heather Carruthers, District 3
County Commission Meeting
October 17, 2018
Agenda Item Number: 0.3
Agenda Item Summary #4653
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774
N/A
AGENDA ITEM WORDING: Approval of a $100,456 Grant Agreement NO. X7- OOD83418 -0
from the Environmental Protection Agency "EPA" for the final phase of the Canal MasterPlan,
retroactive to September 30, 2018; no local match required.
ITEM BACKGROUND: EPA recently issued their FYI South Florida Special Initiatives Request
for Proposals (RFP). County staff, with Wood's assistance, prepared a grant application for the final
phase of the Canal Implementation Plan, in the amount of $104,000 of grant funds, with $0 local
match, and submitted the grant application on June 13, 2018. Award of the grant was received on
September 27, 2018 and Grant Agreement Number X7- OOD83418 -0 was received. This grant will
be utilized to continue the initiative in improving the water quality in the Florida Keys.
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). Phase I and II of the Canal Management Master Plan (CMMP) included the
assessment of the 502 residential canals in the Keys using biological indicators and the FDEP dissolved
oxygen (DO) standard. Of the 502 residential canals in the Keys, 311 canals were ranked Fair or Poor
since they did not meet the State's water quality standards, and are a source of nutrients and other
pollutants to near shore waters. Phase IIIA of the CMMP included the refinement of the DO data for all
311 Fair or Poor ranked canals using the modified FDEP DO standard. Of the 311 Fair or Poor ranked
canals in the Keys, 38 did not meet the current FDEP water quality standard for dissolved oxygen based
on grab samples collected in February 2017.
The updated dissolved oxygen, along with results from the completed canal restoration
demonstration projects, have yet to be fully incorporated into the Canal Management Master Plan
CMMP database; including as the basis for an update to water quality rankings for restoration
projects. Additionally, the County and municipalities are lacking an implementation plan to
evaluate the cost along with the DO improvements to determine strategies to reduce costs as
part of a countywide implementation of canal restoration technologies
Two tasks were proposed to update the CMMP to develop a guidance document and are included in the
grant agreement:
1. Update water quality summaries (Good, Fair and Poor), lessons learned from the implementation
of the canal restoration demonstration projects, and FlU water quality and benthic monitoring
results in the CMMP, and;
2. The creation of a technical advisory group to evaluate strategies to reduce costs as part of a
countywide implementation of canal restoration technologies, such as economies of scale,
effect of grouping similar technologies into a single project, grouping restorations on a
geographical basis, pre - qualifying vendors, and how policy and assessment criteria might
impact program cost to achieve the highest water quality improvement.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Notice of Award for EPA Assistance Agreement Number X7- OOD83418 -0 Monroe County
Government
FINANCIAL IMPACT:
Effective Date: 09/30/2018 Expiration Date: 10/30/2019
Total Dollar Value of Grant: $100,456 Income
Total Cost to County: None Current Year Portion: N/A
Budgeted: No
Source of Funds: EPA CPI: N/A
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: $100,456
Grant: Yes
County Match: None
Insurance Required: Additional Details:
None
REVIEWED BY:
Rhonda Haag
Completed
10/02/2018 9:50 AM
Pedro Mercado
Completed
10/02/2018 10:01 AM
Budget and Finance
Completed
10/02/2018 10:37 AM
Maria Slavik
Completed
10/02/2018 2:39 PM
Kathy Peters
Completed
10/03/2018 11:09 AM
Board of County Commissioners Pending 10/17/2018 9:00 AM
X7 - OOD83418 - 0 Page 1
a
a
a
r
a
a
a
a
a
a
GRANT NUMBER (FAIN): OOD83418
` V,D Sr
U.S. ENVIRONMENTAL
MODIFICATION NUMBER: 0
DATE OF AWARD
PROGRAM CODE: X7
09/24/2018
TYPE OF ACTION
MAILING DATE
PROTECTION AGENCY
{,
Grant Agreement
New
10/01/2018
PAYMENT METHOD:
ACH#
ACH
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. Suite 240
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 DESCRIPTION
Monroe County Canal Management Master Plan
This action approves an award in the amount of $100,456 to Monroe County Government to support their existing work and new tasks associated with the C�
Restoration project in Monroe County's South Florida Initiative. This project addresses 311 canals not meeting Florida's Dissolved Oxygen (DO) standards, 1
project will also update the canal master plan to help Monroe County identify, and direct restoration funds to high priority project areas.
BUDGET PERIOD
PROJECT PERIOD
TOTAL BUDGET PERIOD COST
TOTAL PROJECT PERIOD COST
09/30/2018 - 10/30/2019
09/30/2018 - 10/30/2019
$100,456.00
$100,456.00
NOTICE OF AWARD
Based on your Application dated 06/14/2018 including all modifications and amendments, the United States acting by and through the US Environmental
Protection Agency (EPA) hereby awards $100,456. EPA agrees to cost -share 100.00 of all approved budget period costs incurred, up to and not exceedin(
total federal funding of $100,456. 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 Management Officer
DATE
09/24/2018
a
a
a
r
a
a
a
a
a
a
EPA Funding Information
X7 - OOD83418 - 0 Page 2
FUNDS
FORMER AWARD
THIS ACTION
AMENDED TOTAL
EPA Amount This Action
$
$ 100,456
$ 100,456
EPA In -Kind Amount
$
$
$ 0
Unexpended Prior Year Balance
$
$
$ 0
Other Federal Funds
$
$
$ 0
Recipient Contribution
$
$
$ 0
State Contribution
$
$ 0
$ 0
Local Contribution
$
$ 0
$ 0
Other Contribution
$
$
$ 0
Allowable Project Cost
$ 0
$ 100,456
$ 100,456
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
1804TC8029
1819
B
04TOORR
OOO13K2
4183
100,45E
100,45E
a
a
a
r
a
a
a
a
a
Budget Summary Page
X7 - OOD83418 - 0 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
$100,456
7. Construction
$0
8. Other
$0
9. Total Direct Charges
$100,456
10. Indirect Costs: % Base
$0
11. Total (Share: Recipient 0.00 % Federal 100.00 %.)
$100,456
12. Total Approved Assistance Amount
$100,456
13. Program Income
$0
14. Total EPA Amount Awarded This Action
$100,456
15. Total EPA Amount Awarded To Date
$100,456
Administrative Conditions
GENERAL TERMS AND CONDITIONS
X7 - OOD83418 - 0 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 - conditions - effective - october -2- 2017 -or -later These
terms and conditions are in addition to the assurances and certifications made as a 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:
hLtp://N
The applicable terms and conditions below are in addition to the general terms and conditions
noted above:
GRANT- SPECIFIC ADMINISTRATIVE CONDITIONS
A. 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.
REPORTING PROVISION
MBE/WBE reporting is required annually 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 does not meet the condition above and is not
subject to the reporting requirements of the Disadvantaged Business Enterprise (DBE) Program.
However, if during the performance of the award the total of all funds expended for direct procurement
by the recipient and procurement under subawards or loans in the "Other" category exceeds $150,000,
annual reports will be required in accordance with the reporting paragraph below and you are required to
notify your grant specialist for additional instructions.
The recipient also agrees to request prior approval from EPA for procurements that may activate DBE
Program reporting requirements.
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 Efforts 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.
MBE /WBE REPORTING, 40 CFR, Part 33, Subpart E
When required, MBE/WBE reports must be submitted annually. 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. 4-
The reporting requirement is based on total procurements. Recipients with expended and /or budgeted L
funds for procurement are required to report annually whether the planned procurements take place
CL
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 [insert name and contact information of the appropriate DBE
coordinator and Grants Specialist (optional)]. The current EPA Form 5700 -52A can be found at the EPA
Office of Small Business Program's Home Page at
should be sent to:
cc: r ic har so n.kenL ny. sha;� :: a4i) as
Attn: Kenny ny Richardson
MBE/WBE reports
The current EPA Form 5700 -52A can be found at the EPA Office of Small Business Program's Home
Page at i . p jbe rc )o�d6 - r} i1t1
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 as 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.
Accepting the Fair Share Objectives /Goals of Another Recipient
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
recipient accepts the applicable MBE/WBE fair share objectives /goals negotiated with EPA by the
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION as follows:
MBE: CONSTRUCTION 9 % ; SUPPLIES 9 % ; SERVICES 9 % ; EQUIPMENT 9%
WBE: CONSTRUCTION 3 %; SUPPLIES 3 %; SERVICES 3 %; EQUIPMENT 3%
By signing this financial assistance agreement, the recipient is accepting the fair share objectives /goals
stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services
and equipment, in the same or similar relevant geographic buying market as the FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
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
Negotiating Fair Share Objectives /Goals, 40 CFR, Section 33.404
The recipient has the option to negotiate its own MBE/WBE fair share objectives /goals. If the recipient
wishes to negotiate its own MBE/WBE fair share objectives /goals, the recipient agrees to submit
proposed MBE/WBE objectives /goals based on an availability analysis, or disparity study, of qualified
L
,0
MBEs and WBEs in their relevant geographic buying market for construction, services, supplies and
equipment.
The submission of proposed fair share goals with the supporting analysis or disparity study means that the
CL
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.
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 ,0
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.
t9
B. ANNUAL FFR (INTERIM) PURSUANT TO 2 CFR 200.327 CL
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: llttp: / /www2.epa.ov /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:
littp://NN7ww2.epa.gov/finaiicial/fon All FFRs must be submitted to the Las Vegas Finance Center
(LVFC) via email LVFC- grants�epa.gov.
C. EXTENSION OF PROJECT /BUDGET PERIOD EXPIRATION DATE
EPA has not exercised the waiver option to allow automatic one -time extensions for non - research grants
under 2 CFR 200.308 (d)(2). Therefore, if a no cost time extension is necessary to extend the period of
availability of funds the recipient must submit a written request to the EPA prior to the budget /project
period expiration dates. The written request must include: a written justification describing the need for
additional time, an estimated date of completion, and a revised schedule for project completion including
updated milestone target dates for the approved workplan activities. In addition, if there are overdue
reports required by the administrative and programmatic terms and conditions of this assistance
agreement, the recipient must ensure that they are submitted along with or prior to submitting the no cost
time extension request.
The extension request must be submitted to the local Grants Office via email to:
nchardson.kennykepa.gov An interim FFR (SF -425) covering all expenditures and obligations to date,
must be emailed to the Las Vegas Finance Office at ILLL.,A'F(,,-�r, ra goxr or sent to the following
address:
US EPA, Las Vegas Finance Center
4220 S. Maryland Pkwy, Bld C, Rm 503
Las Vegas, NV 89119
To expedite processing of your request, please submit a courtesy copy of the interim FFR to the local
Grants Office along with your written extension request. All email attachments must be sent in pdf
format. Documents emailed to us in any other format will not be accepted.
Programmatic Conditions
A. Reporting Requirements: To meet reporting requirements under 2 CFR 200.328(b)(1) and (b)(2)(1)
"Grantees shall submit semi - annual performance reports, due March 30th and September 30th, unless the
awarding agency requires quarterly or annual reports. However, performance reports will not be required
more frequently than quarterly. Annual reports shall be due 90 days after the grant year, quarterly or
semi - annual reports shall be due 30 days after the reporting period. The final performance report will be
due 90 days after the expiration of termination of grant support to the EPA Project Officer and Technical
L
Officer. 0
Semi- annual progress report content shall include: 1. work status; 2. any difficulties encountered; 3. L
preliminary data results; 4. a discussion of expenditures during the reporting period; 5. a comparison of
the percentage of the project completed to the project schedule; 6. an explanation of any significant CL
discrepancies and 7. a statement of activity anticipated during the subsequent reporting period.
B. Quality Assurance — If applicable, the QAPP should be consistent with the specifications of the EPA
Quality System Document EPA Requirements for Quality insurance Project Plan EPA QA /R -5. This
document can be found at http: / /www.0a.Rov /quality/gs- docs /r5- final..pdf
The grantee will submit within 90 days of the award date, to the EPA Project Officer, either a Quality
Assurance Project Plan (QAPP), a confirmation an existing QAPP has been approved by EPA, or this
project will not collect or generate any environmental data.
No work involving direct measurements or data generation, environmental modeling, compilation
of data from literature or electronic media, and data supporting the design, construction, and
operation of environmental technology shall be initiated under this project until the EPA Project
Officer, in concert with the EPA Quality Assurance Manager, has approved the quality assurance
documentation.
The grantee must ensure that they have reviewed and approved a Quality Assurance Project Plan
for subgrantees data collection in compliance with their EPA approved Quality Management Plan
prior to collection of data by subgrantees under this grant.
Information regarding EPA's Quality System for Environmental Data and Technology can be
found at littp://NN7ww.epa.gov/owowh iioniton'iighlationalsun7eys.litml.
C. 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.
D. 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.fi4dc.gov
E. 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
L
,0
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).
CL
F. Revisions of Budget and Proiect 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.
G. Cvbersecurity Requirement: Per PN- 2015 -G05, (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 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
H. Clean Water Act Regulation Adherence: The Grantee is responsible for adhering to all applicable
Federal and state laws, including the Clean Water Act (CWA) and regulations, and ensuring compliance
with all required approvals of the various regulatory requirements. If the grantee fails to adhere and /or
comply with applicable Federal laws, state laws, and /or regulations, then the grantee will be solely liable
for all penalties and environmental impacts related to this project or tasks performed in relation to this
project.
1. Technical Officer for this grant is Steve Blackburn at blackbum.steven @epa.gov
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
L
,0
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
CL
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.
H. Clean Water Act Regulation Adherence: The Grantee is responsible for adhering to all applicable
Federal and state laws, including the Clean Water Act (CWA) and regulations, and ensuring compliance
with all required approvals of the various regulatory requirements. If the grantee fails to adhere and /or
comply with applicable Federal laws, state laws, and /or regulations, then the grantee will be solely liable
for all penalties and environmental impacts related to this project or tasks performed in relation to this
project.
1. Technical Officer for this grant is Steve Blackburn at blackbum.steven @epa.gov